HomeMy WebLinkAbout06470Rev. 5/27/99
ORDINANCE NO. 6470
AN ORDINANCE AMENDING TITLE XVII OF THE PUEBLO
MUNICIPAL CODE RELATING TO TELECOMMUNICATIONS
TOWERS AND ANTENNAS, PERMITTED LOCATIONS
THEREFOR, PERFORMANCE STANDARDS THEREFOR, AND
SPECIAL USE PERMITS THEREFOR
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 -2 -1 of Chapter 2, Title XVII of the Pueblo Municipal Code, as amended, is
amended by the addition of new subsections (6.1.1), (6.1.2), (6.3.05), (16.3), (16.5), (38.5), and
(63.01) and by amending subsection (24) thereof, to read as follows:
Sec. 17 -2 -1. Definitions.
For the purpose of this Title, certain terms or words used herein shall be interpreted as
follows:
6.1.1 Alternative tower structure means man-made trees, clock towers, bell steeples, ight
poles and similar alternative - design mounting structures that camouflage or conceal the
presence of antennas or towers.
6.1.2 Antenna means any exterior transmitting or receiving, device mounted on a tower,
building or structure and used in communications that radiate or capture electromagnetic
waves, digital signals. analog sign, radio frequencies (excluding radar signals), wireless
communications signals or other communication signals.
6.3.05 Backhaul network means the lines that connect a telecommunications provider's
towers /cell sites to one or more cellular telephone switching offices, and /or long distance
providers, or the public switched telephone network.
16.3 FAA means the Federal Aviation Administration.
16.5 FCC means the Federal Communications Commission.
(24) Height, building means the vertical distance from the grade to the highest point of
the coping of a flat roof, to the deck line of a mansard roof or to the average height of the
highest gable of a pitch or hip roof. Height means, when referring to a tower or other
antenna structure. the distance measured from the finished grade of the parcel to the hi hest
point on the tower or other structure, including the base pad and anv antenna.
U8.5 Preexisting towers and preexisting antennas means anv tower or antenna for which
a building hermit or special use permit has been properly issued prior to the effective date of
the Ordinance adopting Article VI of Chapter 4 of this Title, including permitted towers or
antennas that have not vet been constructed so long, as such approval is current and not
ex it d.
63.01 Tower (Antenna) means any structure that is designed and constructed primarily for
the purpose of supporting one or more antennas for telephone. radio and similar
communication purposes, including, self-supporting lattice towers. guyed towers. or
monopole towers. The term includes radio and television transmission towers, microwave
towers. common - carrier towers. cellular telephone towers, alternative tower structures. and
the like. The term includes the structure and anv support thereto.
SECTION 2
Section 17 -4 -25 of Chapter 4, Title XVII of the Pueblo Municipal Code, as amended, is
amended to read as follows:
Sec. 17 -4 -25. Exceptions to height regulations.
The height limitations contained in the Schedule of District Regulations do not apply to
spires, belfiies, cupolas, [antennas,] water tanks, ventilators, chimneys or other appurtenances
usually required to be placed above the roof level and not intended for human occupancy,
except as otherwise provided in S -2 districts. Towers (Antenna) and antennas are subject to
the specific height limitations and other restrictions set forth in Section 17 -4 -61 through 17 -4-
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69 of this Title.
SECTION 3
Section 17 -4 -30 of Chapter 4, Title XVII of the Pueblo Municipal Code, as amended, is
amended to read as follows:
Sec. 17 -4 -30. Public utilities.
W For purposes of all districts, a public utility is defined to be a water, irrigation, sewer,
gas, electric, telephone, bus, taxi, ambulance or railroad system or installation which serves
five (5) or more customers, whether or not it is franchised or organized as a corporation or
district. Public utility installations shall be subject to the following requirements:
(1) Distribution, transmission and service lines and routes requiring simple
easements or installation in public rights -of -way or installed under franchise
agreement with the City and /or County and usual customer facilities shall not be
subject to zoning requirements.
(2) Utility service facilities, the major use of which involves either office,
manufacturing, warehousing, retailing, vehicle storage or maintenance functions, shall
be constructed only in those zone districts in which a private firm not in the utility
business would be permitted to establish a similar function or use.
(3) Special utility facilities, such as water reservoirs, sewage lagoons, switching
yards, pumping stations and other component equipment installations on land owned
or leased and where the equipment is fenced or placed in a building shall not be con-
structed until a special use permit has been issued by the Zoning Board of Appeals.
(4) These regulations shall in no way prohibit the installation of temporary
facilities of the types described in subsections (2) and (3) above in cases of emergency
conditions, provided that, within a reasonable period of time, application is made for
approval of installation of permanent facilities.
Neither wireless telecommunications providers, nor the towers antennas or other
facilities used by wireless telecommunications providers, shall be considered as a public utility
for purposes of this Title.
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SECTION 4
Section 17 -4 -51 of Chapter 4, Title XVII of the Pueblo Municipal Code, as amended, is
amended by amending the following paragraphs of subsections thereof, to wit:
paragraph c. of subsection (1),
paragraph c. of subsection (11. 1),
paragraph c. of subsection (12),
paragraph c. of subsection (13),
paragraph c. of subsection (14), and
paragraph c. of subsection (18),
to read as follows:
Sec. 17 -4 -51. Permitted use of land and buildings.
Any use of land or structure not authorized herein as a use by right or use by review upon
issuance of a special use permit in a designated zone district is unlawful. Except as otherwise
provided, no building permit or certificate of zoning compliance shall be issued for a use not
specifically mentioned or described in this Section and not specifically provided with the
required off - street loading and parking spaces and access driveway. In the case of a proposal
for a use not specifically mentioned, the Administrative Official shall request that the Planning
and Zoning Commission initiate proceedings to cause the amendment of this Section to make
provision for such use.
(1) Agricultural One (A -1) and Two (A -2) Districts.
C. Uses by review. A use by review is any of the following uses which
are permitted only upon issuance of a special use permit.
1. Agricultural custom contractors.
2. Airport, private.
3. Bed and breakfast inn.
4. Cemetery, crematory, mausoleum.
5. Charitable institution.
6. Child care center and play school.
7. Explosives, manufacture and wholesale.
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8. Feed and fertilizer -- manufacturing and processing.
9. Feed lot.
10. Garbage and refuse dumps.
11. Hay, grain, feed, seed and fertilizer, retail, storage and /or
wholesale.
12. Hide and tallow processing.
13. Home for children, blind, elderly, maternity, memorial,
religious.
14. Livestock sales and auction.
15. Monastery.
16. Natural deposits, extraction and processing.
17. Preschool facilities.
17.1 Tower (Antenna)
18. Utilities as outlined in Section 17 -4 -30.
(11.1) Highway and Arterial Business District (B -3):
C. Uses by review. A use by review is any of the following uses which
are permitted only upon issuance of a special use permit:
1. Bulk storage, warehousing or wholesaling.
1.1 Community correctional facility or program.
1.2 Homeless shelter.
2. Private recreation and amusement facilities.
3. Mobile home sales.
4. Tower (Antenna)
(12) Regional Business District (B -4):
C. Uses by review. A use by review is any of the following uses which
are permitted only upon issuance of a special use permit.
1. Apartments, row houses, etc.
2. Bulk storage, warehousing or wholesaling.
2.1. Community correctional facility or program.
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2.2. Homeless shelter.
3. Private recreation and amusement facilities.
4. Tower (Antenna)
(13) Special Industrial District (I -1):
C. Uses by review. A use by review is any of the following uses which
are permitted only upon issuance of a special use permit.
1. Aircraft beacon, marker or tower.
2. Airport, private.
3. Associations, clubs and lodges.
4. Athletic field.
5. Atomic reactor and /or similar scientific installations.
6. Charitable institutions.
7. Farming or ranching.
8. Natural deposits, extraction and /or processing.
9. Residence for watchman or caretaker.
10. Restaurant.
11. Tower (Antenna)
(14) Light Industrial District (I -2):
C. Uses by review. A use by review is any of the following uses which
are permitted only upon issuance of a special use permit.
1. Aircraft beacon, marker or tower.
2. Airport, private.
3. Associations, clubs and lodges.
4. Atomic reactor and /or similar scientific installations.
5. Cafe, cocktail lounge, cafeteria.
6. Carnival (temporary).
7. Charitable institution.
8. Circus grounds.
9. Farming and ranching.
In
10. Natural deposits, extraction.
11. Residence for watchman or caretaker.
12. Restaurant.
13. Salvage yard.
14. Sand and gravel, processing.
14.1. Solid wastes transfer station.
15. Tavern.
16. Tent show (temporary).
17. Tower (Antenna).
18 . All uses by right and uses by review permitted in the I -1
District.
SECTION 5
Chapter 4, Title XVH of the Pueblo Municipal Code, as amended, is amended by the addition
of a new Article VI, Towers and Antenna Requirements, to read as follows:
Article VI
Tower and Antenna Requirements
Sec. 17 -4 -61. Applicability: purpose and goals.
La, All new towers or antennas within the City shall be subject to these requirements
except as provided in subsections (b) through _(d) of this Section.
,(W This Article VI shall not govern any tower, or the installation of any antenna that is
under seventy (70) feet in height and is either owned and operated by a federally- licensed
amateur radio station operator or is used exclusively as receive only antennas.
Uc� Preexisting towers and preexisting antennas shall not be required to meet the
requirements of this Article_ other than the requirements of Section 17- 4- 62(f) and (a) and
Section 17 -4 -67.
W For purposes of implementing this Article, an AM array, consisting of one or more
tower units and supporting or u�nd system which functions as one AM broadcasting antenna
shall be considered one tower. Measurements for setbacks and separation distances shall be
measured from the outer perimeter of the towers included in the AM array. Additional tower
units may be added within the perimeter of the AM array y right.
Ue.) The purpose of this Ordinance is to establish eng eral guidelines for the siting of
wireless communications towers and antennas. The goals of this Ordinance are to: (1)
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protect residential areas and land uses from potential adverse impacts of towers and antennas:
(2) encourage the location of towers in non - residential areas: (3) minimize the total number
of towers throughout the community; (4 strongly encourage the joint use of new and existing
tower sites as a rp imary option rather than construction of additional single -use towers (5)
encourage users of towers and antennas to locate them to the extent possible, in areas where
the adverse impact on the community is minimal: (6) encourage users of towers and antennas
to configure them in a way that minimizes the adverse visual impact of the towers and
antennas through careful design. siting. landscape screening, and innovative camouflaging
techniques: (7) enhance the ability of the providers of telecommunications services to provide
such services to the community quickly, effectively, and efficientI : (8) consider the public
health and safety of communication towers: and 9) avoid potential dama eg_ to adjacent
properties from tower failure through engineering and careful siting of tower structures In
furtherance of these goals the Zoning Administrator and Zoning Board of Appeals shall give
due consideration to the City's master lean, zoning map existing land uses, and environ-
mentally sensitive areas in approving sites for the location of towers and antennas.
Sec. 17 -4 -62. General requirements.
Lai� Principal or Accessory Use. Antennas and towers may be considered either principal
or accessory uses. A different existing use of an existing structure on the same lot shall not
preclude the installation of an antenna or tower on such lot.
W Lot Size. For purposes of determining whether the installation of a tower or antenna
complies with district development 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.
,Lc). Inventory of Existing Sites. Each applicant for an antenna and /or tower shall provide
to the Zoning Administrator an inventory of its existing towers, antennas or sites approved
for towers or antennas, that are within the City and within three miles of the corporate
boundary thereof, including specific information about the location height and design of each
tower, The Zoning Administrator may share such information with other applicants applying
for administrative approvals or special use permits under this Article or other organizations
seeking to locate antennas within the City: provided, however that the Zoning Administrator
is not, by sharing such information. in any way representing or warranting that such sites are
available or suitable.
W Aesthetics. Towers and antennas shall meet the following requirements:
W Towers shall either maintain a galvanized steel finish or, subject to any
applicable standards of the FAA, be painted a neutral color so as to reduce visual
obtrusiveness.
In
(4 At a tower site. the design of the buildings and related structures shall, to the
extent possible, use materials. colors. textures. screening, and landscaping that will
blend them into the natural setting and surrounding buildings.
W If an antenna is installed on a structure other than a tower, the antenna and
supporting electrical and mechanical equipment must be of a color that is identical to
or closely compatible with. the color of the supporting structure so as to make the
antenna and related equipment as visually unobtrusive as possible.
U Lighting. Towers shall not be artificially lighted, unless required by the FAA or other
applicable authority. If lighting grequired. the lighting alternatives and design chosen must
cause the least disturbance to the surrounding views and neighborhoods.
(f State or Federal Requirements. All towers 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 Ordinance shall bring
such towers and antennas into compliance with such revised standards and regulations within
six (6) months 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 by the City at the owner's expense.
W Building; Safety Standards. To ensure the structural integrity of towers, the
owner of a tower shall ensure that it is erected and maintained in compliance with standards
contained in applicable state and local building codes and the applicable standards for towers
that are published by the Electronic Industries Association. as amended from time to time.
If. upon inspection. the City concludes that a tower fails to comply with such codes and
standards and constitutes a danger to persons or propeM. then upon notice being provided
to the owner of the tower. the owner shall have thirty (30) days to bring such tower into
compliance with such standards. Failure to bring such tower into compliance within said
thirty (30) days shall constitute grounds for the removal of the tower or antenna at the
owner's expense.
Measurement. For purposes of measurement, tower setbacks and separation distances
shall be calculated and applied to facilities located within the City irrespective of municipal
and county jurisdictional boundaries.
Other Approvals. To the extent applicable. owners and /or operators of towers or
antennas for telecommunication purposes shall certify that necessary authorization from the
FCC and the Colorado Public Utilities Commission for operation of a wireless
communications system in Pueblo has been obtained and file a copy of all such authorizations
with the Zoning Administrator
In
fD In the event the owners and /or operators of any towers or antennas use or intend to
use a backhaul network in connection with such towers or antennas that involve placement
of lines, wire, fiber, conduit or other facilities within the public rights of way of he City such
owner or operator shall first have obtained either a duly authorized franchise or written
consent of the City to do so. This requirement shall not apply to the extent an owner or
operator's backhaul network involves only the use of lines, wire, fiber, conduit or other
facilities owned by a third party telecommunications provider or cable television provider
which has previously been granted a franchise or received such consent with respect to such
lines, wire, fiber. conduit or other facilities.
W Public Notice. For purposes of this Ordinance, any special use request, variance
request. or appeal of an administratively approved use or special use shall require public
notice to all abutting_propertv owners and all gropertv owners of properties that are located
within the corresponding separation distance listed in Section 17- 4- 65(b)(5)(ii), Table 2. in
addition to any notice otherwise required by the Zoning Ordinance. In order to effectuate this
subsection (k). Applicant shall furnish with the application or appeal, a list of names and
addresses of all owners of land within said separation distances, which list shall be certified
as being correct according to the records of the County Clerk and Recorder.
Signs. No signs shall be allowed on an antenna or tower, except for required or
appropriate signs located not more than 6 feet above ground level warning of hi hg voltage
or other hazards.
Lm) Buildings and Support Equipment. Buildings and sunnort equipment associated with
antennas or towers shall comply with the requirements of Section 17 -4 -66.
Un Multiple Antenna/Tower Plan. The City encourages the users of towers and antennas
to submit a single application for approval of multiple towers and /or antenna sites.
Applications for approval of multiple sites shall be ig ven priority in the review process.
See. 17 -4 -63. Permitted uses.
W General. The uses listed in this Section are deemed to be permitted uses and shall not
require administrative approval or a special use permit.
Permitted Uses. The following uses are specifically permitted:
W Antennas or towers located on property owned. leased. or otherwise
controlled by City provided a lease consistent with the purpose and goals of
Section 17 -4 -61 of this Chapter authorizing, such antenna or tower has been approved
by City Council. Nothing in this subsection (b)(1), however. shall be construed to
reauire anv such lease. the granting or denial of same being within the discretion of
the City Council.
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(22) Antennas or towers located in an I -3 Zone District, provided the location is
not less than 1.000 feet from any residentially zoned property.
Sec. 17 -4 -64. Administrative approval of certain uses.
La) General. The following_ provisions shall szovern the issuance of administrative
approvals for towers and antennas.
W The Zoning Administrator may administratively approve the uses listed in this
Section.
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 City for the costs of reviewing the he application.
W The Zoning Administrator shall review the application for administrative
approval and determine if the proposed use compfies with Sections 17 -4 -62 and 17-4 -
65(b)(4) and 17- 4- 65(b )(5) of this Title.
W The Zoning Administrator shall respond to each such application within sixty
(60) days after receiving it by either approving g_ r denying �pplication. If the
Zoning Administrator fails to respond to the appficant within said sixty (60) days, then
the application shall be deemed to be denied.
W In connection with any such administrative approval. the Zoning Administrator
may, in order to encourage shared use. administratively waive an y z_ oning 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 %).
(o 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.
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.
List of Administratively Approved Uses The following uses maybe approved by the
Zoning Administrator after conducting an administrative review:
W 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
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I -3 or S -3 zone district.
(Z Locating antennas on existing structures or towers consistent with the terms
of subsections (A) and (B) below.
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 multi - family
structure of eight or more dwelling units provided:
Q The antenna does not extend more than thirty (30) feet above
the highest point of the structure:
ii The antenna complies with all applicable FCC and FAA
regulations: and
iii The antenna complies with all applicable building odes.
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 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_
to 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.
ii Height
An existing tower may be modified or rebuilt to a
taller height, not to exceed thirty (30) feet over the
tower's existing height_ to accommodate the
collocation of an additional antenna.
II The height change referred to in paragraph (ii)(I
above may only occur one time per communication
tower.
III The additional height referred to in paragraph (ii)(I)
above shall not require an additional distance
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separation as set forth in Section 17 -4 -65. The
tower's premodification height shall be used to
calculate such distance separations.
iii Onsite location
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.
II After the tower is rebuilt to accommodate collocation
only one tower may remain on the site.
III 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).
IV 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,
W 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:
LA
for a single user .up to eighty (80) feet in height
for two users. up to one hundred ten (110) feet in height, , and
Q for three or more users, up to one hundred thirty (130) feet in height.
W 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 Ordinance.
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Installing a cable microcell network through the use of multiple low - powered
transmitters /receivers attached to existing wireline s sy tems_ such as conventional cable
or telephone wires, or similar technology that does not require the use of towers.
Sec. 17 -4 -65, Special Use Permits.
Ua� The following additional provisions shall govern the issuance of special use permits
for towers or antennas by the Zoning Board of Appeals:
W If the tower or antenna is not a permitted use under Section 17 -4 -63 of this
Chapter or permitted to be approved administratively pursuant to Section 17 -4 -64 of
this Chapter, then a special use permit shall be required for the construction of a
tower or the placement of an ant enna in all zoning districts where allowed as a use by
review.
W Applications for special use permits under this Section shall be subject to the
procedures and requirements of Section 17 -5 -33 of Chapter 5 of this Title, except as
modified by this Section.
W In rg anting a special use permit. the Zoning Board of Appeals may impose
reasonable conditions to the extent the Zoning Board of Appeals concludes such
conditions are necessary to minimize any adverse effect of the proposed tower on
adjoining properties.
W Any information of an engineering nature that the applicant submits, whether
civil, mechanical. or electrical_ shall be certified by a licensed professional engineer.
W An applicant for a special use permit shall submit the information described
in this Section and a non - refundable fee as established by resolution of the City
Council to reimburse City for the costs of reviewing �pplication.
(W Towers.
W Information required. In addition to any information required for applications
for special use permits pursuant to Section 17 -5 -33 of Chapter 5 of this Title,
appficants for a special use permit for a tower shall submit the following information:
A scaled site plan clearly indicating the location, type and height of the
proposed tower on -site land uses and zoning, adjacent land uses and zoning
Master Plan classification of the site and all properties within the applicable
separation distances set forth in subsection (b)(5) of this Section. adjacent
roadway proposed means of access setbacks from propert lam_ elevation
drawings of the proposed tower and any other structures. topography,
parkins and other information deemed by the Zoning Administrator to be
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necessary to assess compliance with this Article VI.
Legal description of the parent tract and leased parcel (if applicable).
The setback distance between the proposed tower and the nearest
residential unit, platted residentially zoned properties. and unplatted
residentially zoned properties.
Q The separation distance from other towers described in the inventory
of existing sites submitted pursuant to Section 17- 4- 62(c shall be shown on
an updated site plan or man. The applicant shall also identify the type of
construction of the existing ower(s) and the owner /operator of the existing
tower (s). if known.
A landscape plan showing specific landscape materials in accordance
with the requirements of this Chapter or the requirements of Section 17 -4 -7,
whichever requirements are rem
Method of fencing and finished color and if applicable, the method
of camouflasie and illumination.
j A descriptive statement indicating compliance with Section 17-4 -
62(c). (d). (e). (f). (g). (j) (D. and (m). and subsections (b)(4) and (b)(5) of
this Section and all applicable federal, state and local laws.
(W A notarized statement by the applicant as to whether construction of
the tower will accommodate collocation of additional antennas for future
users.
(a Identification of the entities rop viding the backhaul network for the
tower(s) described in the application and other cellular sites owned or
operated b, the he applicant within the City.
(I A description of the suitability of the use of existing towers. other
structures or alternative technology not requiring the use of towers or
structures to provide the services to be provided through the use of the
proposed new tower.
A description of the feasible location(s) of future towers or antennas
within the City based upon existing_ physical. engineering. technological or
geographical limitations in the event the proposed tower is erected.
Q Factors Considered in Granting Special Use Permits for Towers. In addition
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to any standards for consideration of special use permit applications pursuant to
Section 17 -5 -33 of Chapter 5 of this Title. the Zoning Board of Appeals shall consider
the following factors in determining whether to issue a special use permit, although
the Zoning Board of Appeals may waive or reduce the burden on the applicant of one
or more of these criteria if the Zoning Board of Appeals concludes that the goa „
this Ordinance are better served thereby;
LA,� Height of the proposed tower:
Proximity of the tower to residential structures and residential district
boundaries:
(Q Nature of uses on adjacent and nearby properties:
Surrounding topography:
LEA Surrounding tree coverage and foliage:
Design of the tower, with particular reference to design characteristics
that have the effect of reducing or eliminating visual obtrusiveness:
LG
Proposed ingress and egress; and
Availability of suitable existing g owers, other structures, or alternative
technologies not requiring the use of towers or structures, as discussed in
subsection (b)(3) of this Section.
W Availability of Suitable Existing Towers. Other Structures. or Alternative
Technology. No new tower shall be permitted unless the applicant demonstrates to
the reasonable satisfaction of the Zoning Board of Appeals that no existing tower,
ower•
structure or alternative technology that does not require the use of towers or
structures can accommodate the applicant's a proposed antenna. An applicant shall
submit information requested by the Zoning Board of Appeals related to the
availability of suitable existing towers, other structures or alternative technology.
Evidence submitted to demonstrate that no existing tower, ower. structure or alternative
technology can accommodate the applicant's proposed antenna may consist of proof
of anv of the following:
No existing towers or structures are located within the geographic
area which meet applicant's engineering requirements.
Existing towers or structures are not of sufficient height to meet
applicant's engineering �� requirements.
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Existing towers or structures do not have sufficient structural strength
to support applicant's proposed antenna and related equipment.
The applicant's proposed antenna would cause electromagnetic
interference with the antenna on the existing towers or structures, or the
antenna on the existing towers or structures would cause interference with the
applicant's proposed antenna.
The fees, costs, or contractual provisions required by the owner in
order to share an existing tower or structure or to adapt an existing tower or
structure for sharing are unreasonable. Costs exceeding new tower develop-
ment are presumed to be unreasonable.
M The applicant demonstrates that there are other limiting factors that
render existing towers and structures unsuitable.
U The applicant demonstrates that an alternative technology that does
not require the use of towers or structures, such as a cable microcell network
using multiple low- powered transmitters /receivers attached to a wireline
system, is unsuitable. Costs of alternative technology that exceed new tower
or antenna development shall not be presumed to render the technology
unsuitable.
Setbacks. The following setback requirements shall apply to all towers for
which a special use permit is required, provided, however, that the Zoning Board of
Appeals may reduce the standard setback requirements if the goals of this Article VI
would be better served thereby
Towers must be set back a distance equal to at least seventy -five
percent (75 %) of the height of the tower from any adjoining lot line.
Guys and accessory buildings must satisfy the minimum zoning
district setback requirements.
Separation. The following separation requirements shall apply to all towers
and antennas for which a special use permit is required, provided, however, that the
Zoning Board of Appeals may reduce the standard separation requirements if the
goals of this Article would be better served thereby.
Separation from off -site uses /designated areas.
10 Tower separation shall be measured from the base of the
tower to the lot line of the off -site uses and /or desi ng ated
areas as specified in Table I. except as otherwise provided in
-17-
Rev. 8123199
Table 1.
ii Separation requirements for towers shall comply with the
minimum standards established in Table 1.
iii Table 1:
Off -site Use/Designated Area Separation Distance
Single- family or duplex residential units l
500 feet or 300% height of tower whichever
is greater
Vacant single - family or duplex residentially
500 feet or 300% height of tower whichever
zoned land which is either platted or has
is greater
preliminary subdivision plan approval which is
not expired
Vacant unplatted residentially zoned lands
200 feet or 200% height of tower whichever
is greater
Existing multi - family residential units greater
100 feet or 100% height of tower whichever
than duplex units
is greater
Non - residentially zoned lands or non-
None; only setbacks apply
residential uses
I Includes modular homes and mobile homes used for living purposes.
2 Separation measured from base of tower to closest building setback line.
3 Includes any unplatted residential use properties without a valid preliminary subdivision plan or valid
development plan approval and any multi - family residentially zoned land greater than duplex.
(W Separation distances between towers.
U Separation distances between towers shall be applicable for
and measured between the rrooposed tower and preexisting
towers. The separation distances shall be measured by
drawing or following a straight line between the base of the
existing tower and the proposed base. pursuant to a site plan.
of the proposed tower, The separation distances (listed in
linear feet) shall be as shown in Table 2.
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ii Table 2:
Existing Towers - Types
Security fencing. Towers shall be enclosed by security fencing not less than
six feet in height and shall also be equipped with an appropriate anti-climbing evice:
provided however that the Zoning Board of Appeals may waive such requirements,
as it deems appropriate.
Landscaping. The following requirements shall govern the landscaping
surrounding towers for which a special use permit is required: provided however
that the Zoning Board of Appeals may waive such requirements if the goals of this
Ordinance would be better served thereb
Tower facilities shall be landscaped with a buffer of plant materials
that effectively screens the view of the tower compound from property used
for residences. The standard buffer shall consist of a landscaped strip at least
four (4) feet wide outside the perimeter of the compound.
In locations where the visual impact of the tower would be minimal.
the landscaping requirement may be reduced or waived.
Existing mature tree growth and natural land forms on the site shall be
preserved to the maximum extent possible. In some cases, such as towers
sited on large_ wooded lots. natural growth around the property perimeter
may be sufficient buffer.
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Lattice
Guyed
Monopole 75 Ft.
Monopole Less
in Height or
Than 75 Ft. in
Greater
Height
Lattice
5,000
5,000
1,500
750
Guyed
5,000
5,000
1,500
750
Monopole 75 Ft.
1,500
1,500
1,500
750
in Height or
Greater
Monopole Less
750
750
750
750
Thank 75 Ft. in
Height
Security fencing. Towers shall be enclosed by security fencing not less than
six feet in height and shall also be equipped with an appropriate anti-climbing evice:
provided however that the Zoning Board of Appeals may waive such requirements,
as it deems appropriate.
Landscaping. The following requirements shall govern the landscaping
surrounding towers for which a special use permit is required: provided however
that the Zoning Board of Appeals may waive such requirements if the goals of this
Ordinance would be better served thereb
Tower facilities shall be landscaped with a buffer of plant materials
that effectively screens the view of the tower compound from property used
for residences. The standard buffer shall consist of a landscaped strip at least
four (4) feet wide outside the perimeter of the compound.
In locations where the visual impact of the tower would be minimal.
the landscaping requirement may be reduced or waived.
Existing mature tree growth and natural land forms on the site shall be
preserved to the maximum extent possible. In some cases, such as towers
sited on large_ wooded lots. natural growth around the property perimeter
may be sufficient buffer.
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See. 17 -4 -66: Buildings or other eauinment storage.
j Equipment cabinets or uninhabited structures used in association with antennas shall
comply with all provisions of this Title applicable to accessory buildings. and comply with all
applicable building g odes.
(b2 Antennas Mounted on Utility Poles or Light Poles. The equipment cabinet or
structure used in association with antennas mounted on utilitYpoles or light poles shall be
located in accordance with the following_
W In residential districts (where allowed), the equipment cabinet or structure may
be located:
In a front or side yard provided the cabinet or structure is no rg eater
than 4 feet in height and 36 square feet of gross floor area and the
cabinet /structure is located a minimum of 10 feet from all lot lines. The
cabinet /structure shall be screened by an evergreen hedge with an ultimate
height of at least 48 inches and a planted height of at least 36 inches.
CW In a rear yard, provided the cabinet or structure is no greater than 6
feet in height or 72 square feet in gross floor area. The cabinet /structure shall
be screened by an evergreen hedge with an ultimate height ght (8) feet
and a planted height of at least 36 inches.
W In commercial districts the equipment cabinet or structure shall be no greater
than 12 feet in height or 120 square feet in gross floor area. The structure or cabinet
shall be screened by an evergreen hedge with an ultimate height ght (8) feet and
a planted height of at least 36 inches. In all other instances, structures or cabinets
shall be screened from view of all residential properties which abut or are directly
across the street from the structure or cabinet by a solid fence 8 feet in height or an
evergreen hedge with an ultimate height of eight (8) feet and a planted height of at
least 36 inches.
U Antennas Located on Towers. The related unmanned equipment structure shall not
contain more than 200 square feet of gross floor area or be more than 15 feet in height and
shall be located in accordance with the minimum yard requirements of the zoning district in
which located.
(M Modification of Building Size Requirements. The requirements of subsections (a)
through (c) may be modified by the Zoning Administrator in the case of administratively
approved uses or by the Zoning Board of Appeals in the case of uses permitted by special use
in order to encourage collocation.
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Sec. 17 -4 -67. Removal of Abandoned Antennas and Towers.
Any antenna or tower that is not operated for a continuous period of twelve (12) months shall
be considered abandoned. and the owner of such antenna or tower shall remove the same
within ninety (90) days of receipt of notice from the Zoning Administrator notifying the
owner of such abandonment. Failure to remove an abandoned antenna or tower within said
ninety (90) day shall be grounds for the City to remove the tower or antenna at the owner's
expense If there are two or more users of a single tower. then this provision shall not
become effective until all users cease using the tower.
Sec. 17 -4 -68, Nonconforming Uses.
Ua) Not Expansion of Nonconforming Use Towers that are constructed. and antennas
that are installed in accordance with the provisions of this Article VI shall not be deemed to
constitute the expansion of a nonconforming, use or structure.
W Preexisting towers Preexisting towers shall be allowed to continue their usage as
thgy_presently exist Routine maintenance (including replacement with a new tower of like
construction and height) shall be permitted on such preexisting towers. New construction
other than routine maintenance on a preexisting tower shall comply with the requirements of
this Article.
(-c� Rebuilding Damaged or Destroyed Nonconforming_ Towers or Antennas. Notwith-
standing Section 17 -4 -67 bona fide nonconforming towers or antennas that are damp eg d or
destroyed may be rebuilt without having to first obtain administrative approval or a special
use permit and without having to meet the separation requirements specified in Sections 17-4 -
65(b)(4_,,Td O(5) The type height and location of the tower onsite shall be of the same
We and intensity as the original facilily approval Building hermits to rebuild the facility shall
co=ny with the then applicable building codes and shall be obtained within 180 days from
the date the facility is damaged or destroyed If no permit is obtained or if said permit
Mires, the tower or antenna shall be deemed abandoned as specified in Section 17 -4 -67.
Sec. 17 -4 -69. Severabilitv.
The various parts sections and clauses of this Article III are hereby declared to be severable.
If any part sentence Para rg anh section or clause is adjudged unconstitutional or invalid by
a court of competent jurisdiction the remainder of the Article shall not be affected thereby.
SECTION 6
This Ordinance shall become effective thirty (30) days after final passage and approval.
-21-
ATTEST:
,,, P-
City II&
INTRODUCED: August 9
By John Verna
Councilperson
APP D:
President of the City Council
-22-
1999
Minutes of the Special & Regular P &Z Meeting
Page three
July 14, 1999
the storm water to flow south to Oakshire Lane which is
away from Mr. Lopez's property.
Rich Morgan then further explained how the drainage would
be handled for this property. He noted that the drainage
plans are calculated on the historic and developed flow.
Greg Hahn, owner of property in the 1900 block Salem,
said this part of the City has been very active for
development. Some of the development has been put in
an unattractive situation as they face the rear of the
buildings to the street. This is an esthetic issue the
City should address.
Mr. Perez appeared again and said the storm water will
be detained and then released at the historic rate. The
swale will be between the structure and the property line.
No one else appeared to be heard on either the plat or
the special area plan. Chairman Lytle made the staff
report a part of the record and closed the hearing.
5. Ordinance Amendment: An ordinance amending Title XVII of the City
of Pueblo Code of Ordinances relating to telecommunica-
tions towers and antennas, permitted locations therefor,
performance standards therefor, and special use permits
therefor - (City of Pueblo).
Paul Willumstad presented the proposedamendment to the
Commission. He said it is in response to an increase in
requestsfor variances for cellular towers. The proposed
ordinance is a national ordinance that has been modified
to local ordinances. It addresses some concerns of
neighborhoods such as not having too many in one neighbor-
hood. The ordinance will require landscaping and fencing.
All towers in any zone district allowing them will need
to obtain a special use permit the Zoning Board of
Appeals. Mr. Willumstad said the proposed regulations
are lengthy and thorough. This amendment is needed
before there is a prolification of cellular towers in
the City.
No one else appeared to speak to this amendment. Chair-
man Lytle then closed-the hearing.
SUMMARY OF PROPOSED
TELECOMMUNICATIONS TOWERS AND ANTENNAS ORDINANCE
The proposed ordinance is designed as a comprehensive regulatory approach to
provide for the review and approval of applications for towers and antennas for PCS,
cellular, telephone, radio, and similar wireless telecommunications signals or other
communications signals. The ordinance is based on a model ordinance adopted by other
communities which is designed to encourage the location of towers and antennas on
municipally owned property and property zoned industrial or commercial. Incentives are
provided to encourage users of antennas and towers to collocate such facilities. The goals
of the ordinance include protecting residential areas and land uses from the potential adverse
impacts of towers and antennas and minimizing the total number of towers throughout the
community. A brief summary of the key concepts contained in the ordinance is presented
below. It is important that the City adopt an ordinance of this nature, either now or in the
immediate future, in order to avoid the potential irreversible placement of towers which are
or may be inconsistent with present and planned land use within the City.
Integration With Existing Zoning Ordinance
The proposed ordinance is drafted in a manner to integrate with Pueblo's existing
zoning ordinance. A conscious effort was made not to disturb the scheme of the existing
zoning ordinance which represents City Council's zoning policies. For convenience, the
references in this memorandum are to the codified sections of the Pueblo Municipal Code
( "PMC ").
As a starting point, PMC Sec. 17 -4 -51 is amended to permit new towers as a use by
right (subject to certain separation requirements) only where presently so allowed (I -3), and
as a "use by review" in A -1, A -2, B -3, B -4, 1- 1, and I -2 zones, subject to and in accordance
with the requirements of the ordinance. Towers are also currently allowed as a use by review
in S -3 districts, and that status has been continued.
Definitions
The ordinance adds or amends definitions of key terms set forth in PMC Sec. 17 -2 -1.
Included are definitions of "alternative tower structures ", referring to towers designed to look
like manmade trees, clock towers, etc. Also included is a definition for the term "backhaul
network ", referring to the land based lines that connect a provider's towers /cell sites to one
or more cellular telephone switching offices and /or long distance providers.
Information regarding an applicant's backhaul network is helpful to the City to
determine if requisite licences to use public rights of way (such as those recently obtained
by ICG Telecom and McLeod USA) have been obtained as consent to use of the City's
streets in the provision of telecommunication services. In particular, tower applicants are
required to disclose whose wires will connect their antennas together, or to a phone system,
so that the City can evaluate whether the entity owning the wires needs a license. It is
important that all telecommunications providers using the rights of way be licensed and
required to pay the City's occupation taxes in the same manner, or such regulations and taxes
may be at risk under antidiscrimination provisions of the 1996 Telecommunications Act or
provisions in Colorado's Senate Bill 96 -10.
Preexisting towers are defined in order to include "grand fathering provisions" that
respect property rights already in existence. An amendment to PMC Sec. 17 -4 -30 is made
to clarify that neither wireless providers nor their towers are to be considered "utilities"
within the meaning of the zoning ordinance, since many utility facilities (gas lines, electrical
conduits, etc.) are allowed throughout the City, regardless of zone district.
Goals and Purpose
Proposed section 17 -4 -61 states the applicability, goals and purpose of the ordinance.
This section indicates an intent to protect residential areas from adverse impacts, minimize
the number of towers in the community, encourage co- location, minimize visual impacts, and
enhance providers of telecommunication services ability to provide such services. In
furtherance of these goals, consideration is to be given of the master plan, existing land uses,
and the environment in approving sites for the location of towers and antennas. It is the
intent of the ordinance to encourage owners of towers and antennas to locate them in areas
where they will not adversely affect existing or planned land uses.
Applicability
The ordinance applies to all towers or antennas constructed or erected after the
effective date of the ordinance, with certain exceptions. The ordinance does not apply to
towers or antennas under 70 feet in height that are owned and operated by a federally
licensed amateur radio station operator or used exclusively for receive only antennas.
Preexisting towers or preexisting antennas are required to comply only with state or federal
requirements and applicable building code and safety standards described in the ordinance.
Towers that are part of an AM array are also treated as one tower for purposes of application
of the proposed ordinance. See 17 -4 -61.
General Requirements
Section 17 -4 -62 describes requirements that are generally applicable to towers or
antennas. This section provides that antennas and towers may be considered either a
principal or accessory use. Each applicant for an antenna and/or tower is required to provide
an inventory of existing sites listing existing towers, antennas or sites approved for towers
or antennas that are either within the City or within three miles of the border thereof. It is
specifically stated that the information contained in inventories of existing sites may be
shared with other applicants. It is the intent of the ordinance that this information will be
-2-
shared in order to encourage collocation. This section also describes standards for aesthetics,
lighting, compliance with state or federal requirements, compliance with building codes and
safety standards, licenses or other required approvals, and compliance with building and
support equipment requirements. The section also describes a method of calculating
measurements.
Section 17 -4 -62 requires that public notice of any special use request, variance
request, or appeal of an administratively approved special use shall be given to all abutting
property owners and all property owners within the separation distances described in the
ordinance.
This section prohibits signs on antennas or towers except for hazard warning signs
at the base.
This section also encourages the users of the towers and antennas to submit a single
application for approval of multiple towers and/or antenna sites. Applications for approval
of multiple sites are given priority in the review process. The purpose of this provision is to
recognize the physical, geographical and technological limitations on tower or antenna siting.
Due to limitations of existing technology, the location of one tower or antenna' in a
community may have an impact on the location of subsequent towers and antennas. By
encouraging single applications for multiple towers and/or antenna sites, the City can assess
the impact of the location of a single tower on the remainder of the community and, perhaps,
influence the location of towers and antennas to minimize the impact on residential areas.
Approval of Towers and Antennas
Sections 17 -4 -63, 17 -4 -64 and 17 -4 -65 of the ordinance describe three classes of
approvals for towers or antennas. Section 17 -4 -63 provides for antenna or tower uses that
are permitted as of right without any administrative approval or special use permit. Section
17 -4 -64 describes those antenna and tower uses which may be approved administratively.
Section 17 -4 -64 delegates that authority to the Zoning Administrator, subject to review as
for other approvals by the Zoning Administrator. Section 17 -4 -65 describes those tower or
antenna uses which require a special use permit, including those uses where administrative
approval has been denied.
The ordinance actually allows placement of an antenna or tower as of right without
administrative or special use approval in only two situations. First, section 17 -4 -63
authorizes antennas or towers to be located on property owned, leased or otherwise
controlled by the municipality provided a lease authorizing such antenna or tower has been
approved by the City Council. It is anticipated that in negotiating a lease of publicly owned
property for antennas or towers the City would already control the leasing process so as to
approve towers or antennas only where deemed consistent with the goals of the ordinance,
and the matter would be subject to public review before the City Council. In this situation,
992
an administrative approval or special use approval constitutes an unnecessary administrative
burden. Secondly, the ordinance allows a tower /antenna in an I -3 zone as a use by right
where the separation distance is 1000 feet from any residentially zoned property.
Section 17 -4 -64 of the ordinance authorizes, but does not mandate, the Zoning
Administrator to approve a variety of antenna or tower uses. These uses include locating a
tower or antenna in any I -3 or S -3 zone district, locating antennas on existing structures or
towers subject to certain height limitations, and collocating antennas on existing or new
towers. It is the intent of the administratively approved use provisions to encourage
placement of towers and antennas in industrial or commercial districts and to encourage
collocation, thus minimizing the number of towers in the community. In order for an
applicant for a new tower to avail itself of such administrative approval, the proposed tower
must meet height limitations which vary depending upon the number of users.
An applicant for administrative approval is required to submit information to the
zoning administrator similar to that which is submitted to the Zoning Board of Appeals in
the special use approval process. In order to further encourage collocation, the zoning
administrator is given the authority to waive setback and separation distance requirements
by up to 50 percent.
The ordinance provides that the zoning administrator has 60 days in which to approve
or deny the application. If the zoning administrators fails to respond within 60 days, the
application is deemed to be denied. The ordinance provides that an applicant whose request
for administrative approval is denied is required to file an application for a special use permit
prior to filing any appeal that may be available under the zoning ordinance.
Section 17 -4 -65 provides that a special use permit is required for the construction of
a tower or the placement of an antenna if the tower or antenna is not permitted under section
17 -4 -63 or section 17 -4 -64. The application for a special use permit is required to comply
with existing City requirements applicable to special use permits, and must include a site
plan, legal description of the property, setback distances, separation distances from other
towers, a landscape plan, a method of fencing, aesthetics, method of camouflage and
illumination, a description of compliance with the requirements of section 17 -4 -62, a
notarized statement as to whether the tower will accommodate collocation of antennas for
future users, and identification of the entities providing the backhaul network for the tower.
In order to encourage the use of existing towers or alternative technologies that will
reduce the need for towers in the community, an applicant for a special use permit is required
to submit a description of the suitability of the use of existing towers or other structures, as
well as alternative technology not requiring the use of towers or structures, to provide the
services to be provided through the use of the proposed new tower. Applicants are required
to submit information requested by the Zoning Board of Appeals related to the availability
of suitable existing towers, other structures, or alternative technology. The ordinance
describes the evidence which should be submitted to demonstrate that no existing tower,
C1
structure or alternative technology can accommodate the applicant's proposed antenna.
An applicant for a special use permit is also required to describe the feasible locations
of future towers or antennas within the municipality based upon existing physical,
engineering, technological or geographical limitations. As previously indicated, the location
of a single tower may have a direct impact on the feasible location of future towers and
antennas. The information requested is intended to provide the City with some perspective
on where future towers or antennas will have to be located if the tower which is the subject
of the special use application is approved.
Section 17 -4 -65 describes factors, in addition to those which may already be
contained in the zoning ordinance, that are to be considered by the Zoning Board of Appeals
in granting special use permits for towers. The factors to be considered are consistent with
the goals set forth in section 17 -4 -61 of the ordinance.
Section 17 -4 -65 establishes setback requirements for towers. Towers must be set
back a distance equal to at least 75 percent of the height of the tower from any adjoining lot
line. The ordinance also provides for the separation of towers from off -site uses /designated
areas and separation distances between towers. The Zoning Board of Appeals is authorized
to reduce the standard setback and separation requirements in order to better serve the goals
of the ordinance.
Finally, section 17 -4 -65 provides requirements for security fencing and landscaping,
subject to modification by the ZBA in order to serve the goals of the ordinance.
Buildings or Other Equipment Storage
Section 17 -4 -66 provides for limits on the height or size of buildings or cabinets used
to store equipment associated with antennas. The appropriate size of these buildings or
cabinets will depend on a variety of factors, including available technology and local
aesthetis. In general, the height and size limitations vary according to zone district, again
to encourage placement in industrial /commercial zone districts, while allowing reasonably
sized facilities elsewhere when it furthers the ordinance goals.
Removal of Abandoned Antennas and Towers
Section 17 -4 -68 provides that an antenna or tower that is not operated for a
continuous period of twelve months shall be considered abandoned. The owner of an
abandoned antenna or tower is required to remove the same within 90 days of receipt of
notice from the Zoning Administrator notifying the owner of the abandonment. The failure
to remove an abandoned antenna or tower within the specified period of time shall be
grounds for the City to remove the tower or antenna at the owner's expense. Importantly, this
section does apply to existing towers, without legally effecting an impairment of property
rights.
-5-
Non - conforming Uses
Section 17 -4 -68 of the ordinance provides that the addition of a tower or antenna to
a property in accordance with the ordinance will not be deemed to constitute the expansion
of a non - conforming use or structure. The ordinance specifically provides that pre- existing
towers are allowed to continue and that routine maintenance, including replacement with a
new tower of like construction and height is permitted. This section also provides that
towers or antennas that are damaged or destroyed may be promptly rebuilt without having
to first obtain administrative or special use approval. The type, height and location of the
tower on site shall be of the same type, height and intensity as the original facility. Building
permits to rebuild the facility must comply with the then applicable building codes and must
be obtained within 180 days from the date the facility is damaged or destroyed. If a building
permit is not obtained or if it expires, the tower or antenna is deemed abandoned as specified
in section 17 -4 -67.
Severabilily, Effective Date
The ordinance contains standard language providing for severability of the
provisions and provides that its effective date is 30 days after final passage. When the
ordinance becomes effective, it will supercede the moratorium on new antennas and towers
presently in effect.
Model
This ordinance is based upon the suggested model ordinance distributed under license
by Varnum, Riddering, Schmidt & Howlett LLP, of Grand Rapids, Michigan. That law firm
indicates that it has represented over 200 municipalities with respect to telecommunications
issues. The independent research done by our office suggests that the approach set forth in
the proposed ordinance comports with existing federal and state law as of this time.
However, as telecommunications law evolves with respect to local land use issues, it may
in the future be necessary to reevaluate or amend the ordinance.
Son