HomeMy WebLinkAbout20222438.tiffMEMORANDUM
TO: WELD COUNTY BOARD OF COUNTY
COMMISSIONERS
FROM: JIM FLESHER, LONG-RANGE PLANNER
DATE: AUGUST 22, 2022
RE: ORD2022-05, TELECOM TOWERS,
READING
1ST
On July 13, 2022, the Board of County Commissioners held a worksession with staff regarding
an update to the regulations on telecommunication towers. Most of the changes are just minor
updating and clarifying. For example, current regulations refer to Subdivision Exemptions, which
were eliminated from Chapter 24. Some of the other changes staff is proposing include:
1. Eliminating the provision prohibiting antennas on residential buildings, which already
excludes residential buildings on farms and ranches. Antennas could extend 15 above the
height of the building. Towers would still be prohibited in R and E zones and residential
PUDs
2. Eliminating the 1,000 -foot requirement between towers. Other provisions require the
applicant to demonstrate that they cannot place the antennas on existing towers to serve
the area.
3. Eliminating requirements for painting telecom facilities and landscaping around them
4. Eliminating a provision requiring the applicant to provide an inventory of all the provider's
facilities within the County and within one mile of County boundaries.
Also included in this ordinance are a few minor changes unrelated to telecom:
1. For accessory uses, clarify that they can be accessory to a use allowed by permit, not just
a use by right.
2. Change the time limit for storage of unoccupied manufactured homes to six months with
no extensions. Currently they are limited to six months, but they can get extensions. (This
is for storage, not homes permitted as dwellings.)
3. Exempt freestanding signs under 10 feet tall from building permit requirements.
Staff and the Planning Commission recommend adoption of the ordinance.
2022-2438
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION .
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by , that the following resolution be introduced for passage by the Weld County Planning
Commission Be it resolved by the Weld County Planning Commission that the application for
CASE NUMBER ORDINANCE 2022-05
PRESENTED BY JIM FLESHER
REQUEST IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 23 ZONING AND CHAPTER 29 BUILDING REGULATIONS OF THE
WELD COUNTY CODE (TELECOMMUNICATION TOWERS)
be recommended favorably to the Board of County Commissioners
Motion seconded by
VOTE
For Passage
Against Passage Absent
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings
CERTIFICATION OF COPY
I, Michelle Wall, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on August 2, 2022
Dated the 2nd day of August, 2022
Michelle Wall
Secretary
/
CHAPTER 23 - Zoning
ARTICLE I - General Provisions
Sec. 23-1-90. — Definitions.
The following specific words and phrases, when appearing in this Chapter in uppercase letters, shall
have the meanings stated in this Section:
TELECOMMUNICATION ANTENNA TOWER. CONCEALED: An antenna with a support
STRUCTURE that screens or camouflages the presence of the antenna and tower antennas and/or
—E_-COMMUN CA— ON AN—ENNA —OWERS from public view in a manner appropriate to the site's
context and surrounding environment. Examples of concealed antennas towers include grain silos,
man-made trees, clock towers, flagpoles, light STRUCTURES, steeples and similar objects
STRUCTURES
. v.. v v- v • v,
TELECOMMUNICATION ANTENNA TOWER: Any STRUCTURE that is designed and constructed
primarily for the purpose of supporting one (1) or more antennas, including camouflaged, lattice, guy or
monopole TELECOMMUNICATION ANTENNA TOWERS. This includes radio and television
transmission, microwave, and common -carrier, personal communications service (PCS), cellular
telephone, and/or alternative TELECOMMUNICATION ANTENNA TOWERS, and the like. This
definition does not include any STRUCTURE erected solely for a residential, noncommercial individual
use, such as television antennas, satellite dishes or NONCOMMERCIAL TOWERS amateur (HAM)
radio antennas, includin-g, but not limited to AMATEUR RADIO ANTENNA/TOWERS.
TELECOMMUNICATION FACILITIES: Include TELECOMMUNICATION ANTENNAS;
TELECOMMUNICATION ANTENNAS, ATTACHED. TELECOMMUNICATION ANTENNAS
CONCEALED; and TELECOMMUNICATION ANTENNA TOWERS.
TOWERS
[All other definitions unchanged.]
ARTICLE III - Zone Districts
Division 1 A (Agricultural) Zone District
Sec. 23-3-30. - Accessory uses outside of subdivisions and historic townsites.
The following BUILDINGS, STRUCTURES and USES shall be allowed in the A (Agricultural) Zone
District on LOTS outside of SUBDIVISIONS and HISTORIC TOWNSITES so long as they are clearly
incidental and ACCESSORY to an allowed USE.
[A through G, no change.]
H. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-20
23-3-35
or Section
[I through J, no change]
Sec. 23-3-50. - Accessory uses in subdivisions and townsites.
The following BUILDINGS, STRUCTURES and USES shall be allowed in the A (Agricultural) Zone
District on LOTS in SUBDIVISIONS and HISTORIC TOWNSITES so long as they are clearly incidental and
ACCESSORY to an allowed USE:
2
[A through F, no change.]
G. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-45
23-3-55
or Section
[H through I, no change]
Division 3 Commercial Zone Districts
Sec. 23-3-210. - C-1 (Neighborhood Commercial) Zone District.
[A through C, no change.]
D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the C-1
Zone District so long as they are clearly incidental and ACCESSORY to an allowed USE and included
on an approved and recorded Site Plan. Any USE conducted outside of an ENCLOSED BUILDING
shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone
District other 1-3.
[1 through 3, no change.]
4. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-210.B
Section 23-3-210.E
not including CARGO CONTAINERS.
or
[5, no change.]
[E through F, no change]
Sec. 23-3-220. - C-2 (General Commercial) Zone District.
[A through C, no change.]
D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the C-2
Zone District so long as they are clearly incidental and ACCESSORY to an allowed USE and included
on an approved and recorded Site Plan. Any USE conducted outside of an ENCLOSED BUILDING
shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone
District other 1-3.
[1 through 3, no change.]
4. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-220.B
or
Section 23-3-220.E, not including CARGO CONTAINERS.
[5, no change.]
[E through F, no change.]
Sec. 23-3-230. - C-3 (Business Commercial) Zone District.
[A through C, no change.]
D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the C-3
Zone District so long as they are clearly incidental and ACCESSORY to an allowed USE and included
on an approved and recorded Site Plan. Any USE conducted outside of an ENCLOSED BUILDING
shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone
District other 1-3.
[1 through 2, no change.]
3. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-230.B.
Section 23-3-230.E.
not including CARGO CONTAINERS.
or
[4, no change.]
[E through F, no change.]
Sec. 23-3-240. - C-4 (Highway Commercial) Zone District.
[A through C, no change.]
D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the C-4
Zone District so long as they are clearly incidental and ACCESSORY to an allowed USE and included
on an approved and recorded Site Plan. Any USE conducted outside of an ENCLOSED BUILDING
shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone
District other 1-3.
[1 through 4, no change.]
5. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-240.B.
Section 23-3-240.E.
, not including CARGO CONTAINERS.
[6, no change.]
[E through F, no change.]
Division 4 Industrial Zone Districts
or
Sec. 23-3-310. - I-1 (Light Industrial) Zone District.
[A through C, no change.]
D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the I-1
Zone District so long as they are clearly incidental and ACCESSORY to an allowed USE and included
on an approved and recorded Site Plan. Any USE conducted outside of an ENCLOSED BUILDING
shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone
District other 1-3.
[1 through 4, no change.]
5. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-310.B.
Section 23-3-310.E
or
[6, no change.]
[E through F, no change.]
Sec. 23-3-320. - 1-2 (Medium Industrial) Zone District.
[A through C, no change.]
D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the 1-2
Zone District so long as they are clearly incidental and ACCESSORY to an allowed USE and included
on an approved and recorded Site Plan. Any USE conducted outside of an ENCLOSED BUILDING
shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone
District other 1-3.
[1 through 5, no change.]
4-)
6. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-320.B. or
Section 23-3-320.E
[7, no change.]
[E through F, no change.]
Sec. 23-3-330. - 1-3 (Heavy Industrial) Zone District.
[A through C, no change.]
D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the 1-3
Zone District so long as they are clearly incidental and ACCESSORY to an allowed USE and included
on an approved and recorded Site Plan.
[1 through 4, no change.]
5. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-330.B.
Section 23-3-330.E
or
[6, no change.]
[E through F, no change.]
ARTICLE IV - Supplementary District Regulations and Zoning Permits
Division 3 - Manufactured Homes, Manufactured Structures, and Occupied Recreational Vehicles
Sec. 23-4-160. Temporary storage of unoccupied manufactured home.
A zoning permit for the TEMPORARY storage of one (1) unoccupied MANUFACTURED HOME, not
including the storage of goods inside the UNIT, on a LOT in the A (Agricultural) Zone District may be issued
by the Department of Planning Services subject to the following provisions:
[A through E, no change.]
F. A zoning permit for TEMPORARY storage of a MANUFACTURED HOME shall be for a period of
six (6) months and any extensions shall be determines
[G, no change.]
Division 10 - Antennas and Towers
Amend Sec. 23-4-800. - Purpose.
The purpose of this Division is to accommodate the increasing wireless communication needs of
County residents, businesses and visitors while protecting the public health, safety, general welfare and
visual environment of the County by:
[A through D, no change.]
E. Using performance standards and incentives to promote location of TELECOMMUNICATION
ANTENNAS on concealed STRUCTURES, and existing BUILDINGS, and
TELECOMMUNICATION ANTENNA TOWERS.
Sec. 23-4-805. - Definitions.
in Section 23-1-90.
existing
I be interpreted as defined
Sec. 23-4-810. - Preferred order for locating Telecommunication Facilities.
Where TELECOMMUNICATION FACILITIES are proposed, ATTACHED TELECOMMUNICATION
ANTENNAS or CO -LOCATION on existing TELECOMMUNICATION ANTENNA TOWERS is required if
feasible to serve the applicant's desired geographic area. If an applicant provides substantial evidence that
ATTACHED TELECOMMUNICATION ANTENNAS or CO -LOCATION on existing
TELECOMMUNICATION ANTENNA TOWERS is not feasible to serve the applicant's desired geographic
area, TELECOMMUNICATION ANTENNA TOWERS may be permitted in accordance with this Division 10.
In order to mitigate visual impacts and ensure compatibility with the surrounding area, a CONCEALED
TELECOMMUNICATION ANTENNA TOWER may be required unless the applicant can demonstrate that
concealment is not feasible or necessary.
The order of preference for locating new permanent TELECOMMUNICATION FACILITIES is
A. CO -LOCATION on existing TELECOMMUNICATION ANTENNA TOWERS.
B. TELECOMMUNICATION ANTENNA, ATTACHED.
C. TELECOMMUNICATION ANTENNA, CONCEALED.
D. TELECOMMUNICATION ANTENNA TOWER. New TELECOMMUNICATION ANTENNAS
�d technically feasible. A
Sec. 23-4-820. — General requirements Reserved.
A. TELECOMMUNICATION FACI-LITI-ES on Residential Properties. TELECOMMUNICATION
FACILITIES may hot be placed on properties or BUILDINGS used primarily for residential
purposes. Thos does not apply to$Ul-L containing eight (8) or more DWELLING UNITS
or farms and ranches containing DWELLING UNITS.
B. TELECOMMUNICATION FACILITIES are a
1. Reserved.
CCESSORY USE
ACCESSORY USE, zoning permit, or Use by Special Review in the following zone
C ACCESSORY USES to a TELECOMMUNICATION ANTENNA AND
TELECOVMUN CAT OIL A\TEANA TOWER sla not Inc uce OFF CES, broaccast stucios,
long term vehicle storage or other OUTDOOR STORAGE, or other USES not needed to
send, receive or relay transmissions.
Sec. 23-4-830. - Standards for Telecommunication Antenna Towers.
A. In C (Commercial), I (Industrial), and A (Agricultural) zoning districts and PLANNED UNIT
DEVELOPMENTS without residential USES, TELECOMMUNICATION ANTENNA TOWERS
are allowed as a USE by right, ACCESSORY USES, USE subject to Zoning Permit for
TELECOMMUNICATION ANTENNA TOWER requirements, or as a Use by Special Review
Permit, per the height guidelines below. The height of a TELECOMMUNICATION ANTENNA
TOWER is defined as the distance from the finished grade at the TELECOMMUNICATION
ANTENNA TOWER base to the highest point of the TELECOMMUNICATION ANTENNA
TOWER. Overall TELECOMMUNICATION ANTENNA TOWER HEIGHT includes the base pad,
mounting STRUCTURES and panel antennas, but excludes lightning rods and whip antennas.
Table 23.4
TELECOMMUNICATIONS ANTENNA TOWERS
Use
Use
by Right
or Accessory
Zoning Permit
for
Use
approval
by
Special
required
Review
Permit
TELECOMMUNICATIONS
ANTENNA
TOWER
Up
to 35
feet
in
height
> 35
feet
up
to 70
feet
in
height
Greater
than 70
feet
in
height
B. Radial Spacing. TELECOMMUNICATION ANTENNA TOWERS over thirty-five (35) feet high
shall be located at least one thousand (1,000) feet from other TELECOMMUNICATION
TELECOMMUNICATION FACILITIES. Closer spacing between TELECOMMUNICATION
ANTENNA TOWERS may be granted through the Use by Special Review process. This radial
spacing requirement does not apply to facilities located at designated antenna farms.
[Reletter the following subsections.]
C. In addition to meeting the Use by Special Review standards set forth in Article II, Division 5 of
this Chapter or the Zoning Permit for Telecommunication antenna tower permit application
requirements set forth in Section 23-4-870, the applicant shall submit documentation addressing
the following standards:
the telecommunications equipment planned for the proposed TELECOMMUNICATION
ANTENNA TOWER.
[Renumber the following subsection.]
2. The TELECOMMUNICATION ANTENNA TOWER shall not constitute a hazard to aircraft.
3. The TELECOMMUNICATION ANTEN-NA TOWER shall be placed on the property to contain
[Renumber the following subsection.]
4. The proposed TELECOMMUNICATION ANTENNA TOWER shall be designed and provide
for CO -LOCATION.
would not impair the structural integrity of the TELECOMMUNICATION ANTENNA TOWER
or cause interference, or modification of any STRUCTURE to make CO -LOCATION
Failure to provide space for other carriers at a fair market rate when it
impractical or impossible, shall be grounds for revocation or suspension of approval by the
Board of County Commissioners in accordance with Subsection 23-4-830.G. below.
The
applicant may provide written justification and evidence why CO -LOCATION is not possible.
7
conditions for approval of a TELECOMMUNICATION ANTENNA TOWER includes CO
LOCATION, but:
a. The TELECOMMUNICATION ANTENNA TOWER owner is not willing to provite space
the TELECOMMUNICATION ANTENNA TOWER or cause interference.
b. The TELECOMMUNICATION ANTENNA TOWER owner modifies the STRUCTURE in
a way to make CO -LOCATION impractical or impossible.
c. facility shall be removed at the owner's expense.
5. The TELECOMMUNICATION ANTENNA TOWER shall have the least practicable adverse
visual impact on the environment.
6. The proposed TELECOMMUNICATION ANTENNA TOWER shall not emit radiation that will
adversely affect human health.
7. The proposed TELECOMMUNICATION ANTENNA TOWER shall be the minimum height
needed to accommodate the TELECOMMUNICATION ANTENNA.
8. The proposed TELECOMMUNICATION ANTENNA TOWER shall comply with all applicable
federal and State regulations.
9. The design of the proposed TELECOMMUNICATION ANTENNA TOWER shall insure
structural integrity.
ensure
10. The proposed TELECOMMUNICATION ANTENNA TOWER shall have adequate measures
to discourage unauthorized climbing and to insure ensure the security thereof.
11. All reasonably possible sites for the TELECOMMUNICATION ANTENNA TOWER have been
considered, and the proposed site is the most appropriate, available site from a land use
perspective.
12. The proposed TELECOMMUNICATION ANTENNA TOWER shall not adversely impact
wildlife.
13. A Decommissioning Plan. Adequate financial assurance to cover the decommissioning of the
D. TELECOMMUNICATION ANTENNA TOWER FACILITIES and Eequipment SETBACKS and
OFFSETS.
1. TELECOMMUNICATION ANTENNAS. ATTACHED and other appurtenances may encroach
up to two (2) feet into the minimum BUILDING SETBACKS and OFFSETS in the
UNDERLYING ZONING DISTRICT. but shall not extend over LOT lines.
2. Minimum SETBACKS and OFFSETS for CONCEALED TELECOMMUNICATION
ANTENNAS TOWERS, CONCEALED are the same as the minimum BUILDING SETBACKS
and OFFSETS in the UNDERLYING ZONING DISTRICT.
3. Minimum SETBACKS and OFFSETS for TELECOMMUNICATION ANTENNA TOWERS,
other than CONCEALED TELECOMMUNICIATION ANTENNA TOWERS
are as follows:
TELECOMMUNICATION ANTENNA TOWERS, other than CONCEALED
TELECOMMUNICATION ANTENNA TOWERS, shall be set back from all RIGHT-OF-WAY
lines and future right-of-way lines a distance equal to the TELECOMMUNICATION
ANTENNA TOWER HEIGHT.
a. From LOT lines of properties in the A, C, I and PUD (with COMMERCIAL or industrial
USES) zones: one hundred percent (100%) of the TELECOMMUNICATION ANTENNA
TOWER HEIGHT but not less than minimum SETBACKS and OFFSETS in the
UNDERLYING ZONING DISTRICT.
Ix ---From subdivision exemption boundaries for non -permanent USE of a parcel for
or industrial USES) zones: one hundred percent (100%) of the TELECOMMUNICATION
ANTENNA TOWER HEIGHT but not less than minimum SETBACKS and OFFSETS in
the UNDERLYING ZONING DISTRICT, unless evidence of a recorded easement granted
by the underlying property owner, which allows for the fall of the tower onto the burdened
ative, the applicant may provide stamped
documentation from an engineer licensed to practice in the state demonstrating that the
[Insert new Subsection 4.]
4. Minimum OFFSETS for TELECOMMUNICATION ANTENNA TOWERS. other than
CONCEALED TELECOMMUNICATION ANTENNA TOWERS: TELECOMMUNICATION
ANTENNA TOWERS, other than CONCEALED TELECOMMUNICATION ANTENNA
TOWERS, shall be setback from all property lines other than RIGHT-OF-WAY lines and future
right-of-way lines a distance equal to the TELECOMMUNICATION ANTENNA TOWER
HEIGHT. Reduced OFFSETS may be approved in the following circumstances:
a. The applicant provides a document signed and stamped by an engineer licensed to do
business in the state stating that the tower is designed to fall entirely within the boundaries
of the property in the event of collapse, or
b. The applicant provides evidence of a recorded permanent tower fall zone easement
extending to a distance equal to the height of the tower.
[Renumber existing 4 to 5.]
5. Guy wires and equipment BUILDINGS and cabinets. No part of the TELECOMMUNICATION
ANTENNA TOWER system, including any guy wire anchors, shall extend closer to the
property boundary than minimum BUILDING SETBACKS and OFFSETS in the
UNDERLYING ZONING DISTRICT.
E. Equipment Design.
1. A TELECOMMUNICATION ANTENNA, ATTACHED on a roof may extend up to fifteen (15)
feet over the height of the BUILDING or STRUCTURE and may exceed the UNDERLYING
2.
ZONING DISTRICT height limitation.
WIN
ECOMMUNICATION ANTENNAS, ATTACHED
mounted on a BUI-LD G Of STRUCTURE salt shall be as flush to the wall as- technically
possible, and shall not project above the
TELECOMMUNICATION ANTENNAS, ATTACHED mounted on a BUILDING or
STRUCTURE wall shall be flush to the wall as technically possible, shall not project above
the top of the wall, and shall be located, painted and/or screened to be architecturally and
9
visually compatible with the wall to which it is attached.
ECOVIMUN CA— O\ A\—`N\A
TOWERS should be painted or coated in earth -tone colors that blend, to the extent possible,
require specific colors.
3. TELECOMMUNICATION ANTENNA TOWERS shall not be artificially lighted unless required
by the FAA or other State or federal agency. Security lighting on the site may be mounted up
to twenty (20) feet high and shall be directed toward the ground to reduce light pollution,
prevent offsite light spillage and avoid illuminating the TELECOMMUNICATION ANTENNA
TOWER.
4. Equipment BUILDINGS shall be compatible with the architectural style of the surrounding
BUILDING environment with consideration given to exterior materials, roof form, scale, mass,
color, texture and character. Equipment BUILDINGS shall be constructed with materials that
are equal to or better than the materials of the PRINCIPAL BUILDING. Equipment cabinets
shall be located, painted and/or screened to be architecturally and visually compatible with
the surrounding BUILDING and natural environment.
5. The maximum permissible noise level shall adhere to the maximum permissible noise levels
allowed in the UNDERLYING ZONING DISTRICT as delineated in Chapter 14, Article IX of this
Code.
F. Base or Accessory Site Design.
G
1. If determined to be required by either the Director of the Department of Planning Services or
the Weld County Board of Commissioners in the course of processing a Zoning Permit for a
Telecommunication Antenna Tower Facility or Use by Special Review Permit, SCREENING
and landscaping appropriate to the context of the site and in harmony with the character of
the surrounding environment may shall be installed when if any part of the facility is visible
from PUBLIC RIGHTS -OF -WAY or ADJACENT properties.
2. Existing vegetation and grades on the site should be improved or preserved to the extent
possible.
3. Signage at the site is shall be limited to nonilluminated warning and equipment
IDENTIFICATION SIGNS. This does not apply to concealed antennas incorporated into
FREESTANDING SIGNS.
TELECOMMUNICATION ANTENNA FACILITIES, except those in the C and I zones, shall not
include manned OFFICES, m v-e-h4cle storage or other outdoor storage, or other uses not
needed to send, receive or relay transmissions.
Revocation or suspension of approval. Any approval may be revoked or suspended by the Board
of County Commissioners following a Probable Cause Hearing as outlined in Section 2-4-40 of
this Code for any of the following circumstances:
Abandonment. If the Use by Special Review
m the date of approval, or is discontinued for a
period of three (3) -consecutive years, it shall be presumed inactive or abandoned. The COUNTY
commence the USE or revoke the USE. If the USE 1s revoked, it shall be necessary to follow the
or Use by Special Review. Upon the determination that the USE has been abandoned, the facility
a
re -use it or remove the facility. Evidence of such shall be provided, in waiting, to the Department
of Planning Services.
1. VIOLATION of any of the terms of this Division 10 or the conditions of approval. Removal of
abandoned TELECOMMUNICATION ANTENNA TOWERS shall be addressed in all lease
assigns as well as the property owner regarding the removal of TELECOMMUNICATION
ANTENNA TOWERS deemed by the County to be abandoned.
2. The USE has not commenced within three (3) years from the date of recording. If required
by the Director of Planning Services or the Board of County Commissioners, the -applicant or
be made in conformance with the County policy on collateral for improvements. The
agreement shall be approved by the Board of County Commissioners prior to
commencement of operations, as applicable.
3. The USE has been discontinued for a period of three (3) consecutive years.
If the approval is revoked or suspended, the property owner shall cease operation of the USE
immediately. Continued operation of the USE after approval has been revoked or suspended shall
be a VIOLATION of this Code. If the approval is revoked, the Board of County Commissioners
may, in its discretion, elect to allow the facility to remain on site until a specified date to allow the
owner or a subsequent owner time to apply to reestablish its USE following the procedures and
requirements of this Division. If the USE has not been lawfully reestablished by such date, the
facility and the related equipment shall be removed at the owner's expense.
H. The applicant shall maintain the site and any required or proposed SCREENING. Maintenance
shall include, but not be limited to, removal or trash and weeds.
Sec. 23-4-840. - Supplemental Use by Special Review Permit application requirements for
Telecommunication Antenna Towers.
A. Application Contents. In addition to requirements outlined in Article II, of
this Chapter applications for administrative or Use by Special Review approval of proposed
TELECOMMUNICATION FACILITIES, and additions or modifications to existing facilities, shall include
the following:
A. Improvement Location Certificate identifying the location of the disturbed area, lease area, and
coordinates of the proposed facility in longitude and latitude.
1. A Site P an showing the location and legal description of tie site; on site lane USES and
REETS/ROADS; parking and access; areas of vegetation and
landscaping to be added, retained, replaced or removed; SETBACKS from property lines;
improvements, BUILDINGS and equipment.
STREETS/ROADS:
of a proposed TELECOMMUNICATION
ANTENNAS, CONCEALED, temporary TELECONNUN CATION ANTENNA
TOWER or micro cell TELECOMMUNICATION ANTENNA TOWER site.
Wit
uin
a cistance of one (1) mi
ANTENNA TOWER site.
e of a proposed TELECOMMUNICATION
3 B.Elevation drawings of the proposed TELECOMMUNICATION FACILITY showing all
TELECOMMUNICATION ANTENNAS, TELECOMMUNICATION ANTENNA TOWERS,
STRUCTURES, equipment BUILDINGS and cabinets, fencing, SCREENING, landscaping.
lighting and other improvements related to the facility, showing specific materials, placement
and colors. The County may require photo -realistic renderings of the site post -construction,
demonstrating the true impact of the TELECOMMUNICATION FACILITY on the surrounding
✓ isual environment, and/or photo -realistic renderings of the site from specific vantage points.
�I. If required by the Department of Planning Services, photo -realistic renderings (photosyms)
of the site after construction, demonstrating the true impact of the TELECOMMUNICATION
FACILITY on the surrounding visual environment. The Department of Planning Services
may request photo -realistic renderings of the site from -specific vantage points.
5C A report describing the TELECOMMUNICATION FACILITY and the technical need and other
reasons for its design, height and location:, and addressing compatibility and the preferred
o rder listed in Section 23-4-810 above; the general need for the TELECOMMUNICATION
FACILITY and its role in the network; and the capacity of the STRUCTURE, including the
n umber and type of antennas it can accommodate.
material.
a
D
The FAA response to the Notice of Proposed Construction or Alteration (FAA Form 7460-1 or
equivalent) if the facility is taller than two hundred (200) feet or is located near in the A -P
(Airport) Overlay District or within one (1) mile of an AIRPORT or a flight path.
ement of dead plant
W.E. A letter of intent to allow CO -LOCATION on the TELECOMMUNICATION ANTENNA TOWER.
The appFcant may provide written justification and evidence why co -location is not possible.
10.F.
moval of the facility at the
of County
Commissioners prior to commencement of
Planning Services may request addi
agencies. A Decommissioning Plan and letter of intent or lease agreement statement which
addresses removal of the facility at the expense of the TELECOMMUNICATION FACILITY
owner and/or property owner if it is deemed abandoned.
11.G. A map indicating the service area/radius of the proposed TELECOMMUNICATION
ANTENNA TOWER in addition to the service area/radius of other existing
TELECOMMUNICATION ANTENNA TOWERS within ten (10) miles of the proposed
TELECOMMUNICATION ANTENNA TOWER location.
B. TELECOMMUNICATION FACILITY
TELECOMMUNICATION FACILITY by a provider shall include a detailed inventory of all the
provider's existing and approved TELECOMMUNICATION FACILITIES within the County, all
Wyoming.
Sec.23-4-850. — Application review of Telecommunication Antenna Towers.
A. Technical Issues and Expert Review. TELECOMMUNICATION FACILITIES may involve
complex technical issues that require review and input that is beyond the expertise of County
staff. The Department of Planning Services may require the applicant to pay reasonable costs
of a third -party technical study of a proposed TELECOMMUNICATION FACILITY. Selection of
experts to review the proposal will be at the sole discretion of the County.
B. Building Permits. Zoning Permit and Use by Special Review approvals of
TELECOMMUNICATION FACILITIES are separate from the building permit review process.
Building permits for the construction of TELECOMMUNICATION FACILITIES cannot be issued
until the facility is approved through the administrative, or Use by Special
Review process, if applicable.
Sec. 23-4-870. — Zoning Permit for Telecommunication Antenna Tower permit application
requirements.
An application for a Zoning Permit for a TELECOMMUNICATION ANTENNA TOWER shall include
the following:
A.
B.
C.
D.
E.
F.
Completed application form provided by the Department of Planning Services.
and telephone number of the applicant.
Authorization form, if applicable.
Name, address
land, if different from Pa-rag-raph A above.
Deed identifying the surface estate ownership interest in the property and relevant lease
documents. property for which the application is
made.
Articles of organization or incorporation documents if the applicant or owner is a corporate
entity and a statement/delegation of authority for the person authorized to sign on the
corporation's behalf. Evidence of i eld by the applicant.
Improvement Location Certificate identifying the location of the disturbed area, lease area, and
coordinates of the proposed facility in longitude and latitude. Number of acres of the property.
Elevation drawings of the proposed TELECOMMUNICATION FACILITY showing all
TELECOMMUNICATION ANTENNA TOWERS, STRUCTURES and other improvements
related to the TELECOMMUNICATION FACILITY, showing specific materials, placement and
colors. The County may require photo -realistic renderings of the site post -construction,
demonstrating the true impact of the TELECOMMUNICATION FACILITY on the surrounding
visual environment, and/or photo -realistic renderings of the site from specific vantage points.
G. Weld County Access Permit.
[Reletter the following subsections.]
H. A vicinity map showing ADJACENT properties, general land USES, zoning and
STREETS/ROADS within one (1) mile of the subject property:
1. Within five hundred (500) feet of the proposed Antenna TELECOMMUNICATION
ANTENNA TOWER site.
I. A sketch plan of the site at the scale of one (1) inch represents fifty (50) feet, or other suitable
scale if approved by Planning Services. to show:
/3
1. The proposed location of the TELECOMMUNICATION ANTENNA TOWERS and other
support STRUCTURES (guy wires), including distances from the property LOT lines,
above -ground power lines and other STRUCTURES on the property.
2. Location and measurements of any easements or rights -of -way
on the property
Access to the property indicating whether it is existing or proposed. An access permit may
be required.
egress to a PUBLIC STREET/ROAD. All accesses shall be in accordance with the access
requirements set forth in this Code.
4. Identification of any
highways.
5. Existing
ADJACENT
and proposed
on the property.
COUNTY, State or federal STREETS/ROADS or
STRUCTURES
, USES, parking areas, vegetation, and landscaping
6. A site detail of TELECOMMUNICATION ANTENNA TOWER and encumbrances/ support
STRUCTURES.
J. If required by the Department of Planning Services, photo -realistic renderings (photosyms) of
the site after construction, demonstrating the true impact of the TELECOMMUNICATION
FACILITY on the surrounding visual environment. The Department of Planning Services may
request photo realistic renderings of the site from specific vantage points.
[Reletter the following subsections.]
K. A statement describing the TELECOMMUNICATION FACILITY and the technical need and
other reasons for its design and location:, and addressing compatibility and the preferred order
listed in Section 23-4-810 above; the general need for the TELECOMMUNICATION FACILITY
and its role in the network; and the capacity of the STRUCTURE, including the number and
type of antennas it can accommodate.
L. The FAA response to the Notice of Proposed Construction or Alteration (FAA Form 7460-1 or
equivalent) if the facility is located in the A -P (Airport) Overlay District or within one (1) mile of
an AIRPORT. near an AIRPORT or a flight path.
M. A schedule for the installation of landscaping and SCREENING, if applicable.
,
material.
[Reletter the following subsections.]
O. A letter of intent to allow CO -LOCATION on the TELECOMMUNICATION ANTENNA TOWER.
The applicant may provide written justification and evidence why CO -LOCATION co -location is
not possible.
P.
A Decommissioning Plan and
-A letter of intent or lease agreement statement which addresses
removal of the facility at the expense of the TELECOMMUNICATION FACILITY owner and/or
property owner if it is deemed abandoned.
�vements and shall be
approved by the Board of County Commissioners prior to commencement of operation, as
submitta
item for review by other agencies.
Q A map indicating the service area/radius of the proposed TELECOMMUNICATION ANTENNA
TOWER in addition to the service area/radius of other existing TELECOMMUNICATION
ANTENNA TOWERS within ten (10) miles of the proposed TELECOMMUNICATION ANTENNA
TOWER location.
R. TELECOMMUNICATION FACILITY Inventory. The first application for a proposed
provider's existing and approved TELECOMMUNICATION FACILITIES within the County, all
incorporated areas with+n the County, and one (1) mile beyond the County border, including
Wyoming.
other penalties.
[Reletter the following subsection.]
T. A certified list of the names, addresses and the corresponding Parcel Identification Number
assigned by the County Assessor of the owners of property (the surface estate) within five
hundred (500) feet of the property lines of the parcel on which the TELECOMMUNICATION
ANTENNA TOWER shall be placed. The source of such list shall be the records of the County
Assessor, or an ownership update from a title or abstract company or attorney derived from
such records or from the records of the County Clerk and Recorder. If the list was assembled
from the records of the County Assessor, the applicant shall certify that such list was
assembled within thirty (30) days of the application submission date.
U. A letter of intent or lease agreement statement which addresses removal of the
TELECOMMUNICATION FACILITY at the expense of the TELECOMMUNICATION FACILITY
to submit an Improvements Agreement agreeing to remove the improvements as shown in the
conformance with the County policy regarding collateral for improvements and shall be
7
copies of any
submittal item for review by other agencies.
[Reletter the following subsection.]
V. The names and addresses of any owner, operator, or user of any irrigation ditch, lateral, or
pipeline that traverses the property.
W. An application fee. An additional fifty (50) percent of the application fee shall be added to the
cost of the application fee if the USE is started prior to issuance of a permit. The payment of
the investigation fee shall not relieve any persons from fully complying with the requirements of
this Chapter, nor from any other penalties.
Sec. 23-4-880. — Referrals to Municipalities within one-half (1/2) mile of Commercial Antenna
Telecommunication Antenna Towers.
The Department of Planning Services shall refer all Zoning Permits for
TELECOMMUNICATION ANTENNA TOWER applications to municipalities whose boundaries are
located within one-half (1/2) mile of the boundaries of the subject property. The municipalities named
shall respond within twenty-eight (28)- days after the mailing of the application by the COUNTY. The
failure of any municipality to respond within twenty-one (21)twenty-eight (28) days may be deemed to
be a favorable response to the Board of County Commissioners.
/5—rn
Sec. 23-4-892. — Modification Addition of Equipment on Existing Telecommunication Tower
Facilities.
A. CO -LOCATION Addition of new transmission equipment onto
existing equipment from existing TELECOMMUNICATION FACILITIES (including existing
nonconforming antenna tower facilities) shall not require a new or amended Use by Special
Review Permit, Site Plan Review or Zoning Permit if the modification does not substantially
change the physical dimensions of such tower or base station.TELECOMMUNICATION
ANTENNA TOWER HEIGHT remains unc
reception for nd the area occupied by the
TELECOMMUNICATIONS ANTENNA TOWER and accessory equipment does not expand.
or removal or replacement of
Other additions of equipment onto existing TELECOMMUNICATION FACILITIES (including
existing nonconforming antenna tower facilities) that substantially extend the
TELECOMMUNICATION ANTENNA TOWER HEIGHT and/or substantially expand the area
occupied by the TELECOMMUNICATIONS ANTENNA TOWER and/or accessory equipment
shall be reviewed by the DirectorDepartment of Planning Services Staff to determine whether or
not a new or amended Use by Special Review (USR) or a new Zoning Permit will be required.
When a modification to an existing TELECOMMUNICATION ANTENNA TOWER is proposed,
the Director of Planning Services shall provide the applicant with a written determination
regarding whether zoning approval is required. and if so, which permit is applicable. Within
thirty (30) days of receiving notice of the proposed modification, the Director may require the
applicant to provide such other information as the Director believes is reasonably necessary to
make his or her determination. The Director's determination shall be provided within sixty (60)
days of receiving notice of the proposed modification.
.
•
. ..
.
Facilities.
.
TELECOMMUNICATIONS ANTENNA TOWER site or +# not extending the TELECOMMUNICATION
are not impacted. Subdivision Exemption requirements are delineated in Chapter 24, Section VIII of the
Weld County Code.
CHAPTER 29 - Building Regulations
ARTICLE III - Building Permits
Sec. 29-3-20. — Exemptions.
[A. no change.]
B. A building permit shall not be required for:
[1 through 18, no change]
19. Freestanding signs not over ten (10) feet in height.
[C, no change.]
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