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Home My WebLink About20151891.tiff WELD COUNTY CODE ORDINANCE 2015-8 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and WHEREAS, the Weld County Code is in need of revision and clarification with regard to procedures, terms, and requirements therein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows. CHAPTER 23 ZONING Amend Sec. 23-4-805. Definitions. For the purposes of this Chapter, certain terms or words used herein shall be interpreted as defined in this Section. The following specific words and phrases, when appearing in this Chapter in uppercase letters, shall have the meanings stated in this Section: CELL ON WHEELS (COW): A portable mobile cellular site that provides temporary (up to 1 year) of network and wireless coverage to locations where cellular coverage is minimal or compromised. Remainder of Section —No change. Amend Sec. 23-4-830. Standards for Telecommunication Antenna Towers. A and B—No change. 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: 2015-1891 PAGE 1 ORD2015-8 1. Existing or approved TELECOMMUNICATION ANTENNA TOWERS cannot accommodate the telecommunications equipment planned for the proposed TELECOMMUNICATION ANTENNA TOWER. 2. The TELECOMMUNICATION ANTENNA TOWER shall not constitute a hazard to aircraft. 3. The TELECOMMUNICATION ANTENNA TOWER shall be placed on the property to contain on site all ice-fall or debris from TELECOMMUNICATION ANTENNA TOWER failure. 4. The proposed TELECOMMUNICATION ANTENNA TOWER shall be designed and provide for CO-LOCATION. The applicant may provide written justification and evidence why CO-LOCATION is not possible. The Board of County Commissioners may revoke permits or other administrative approvals if conditions for approval of a TELECOMMUNICATION ANTENNA TOWER includes CO-LOCATION, but: a. The TELECOMMUNICATION ANTENNA TOWER owner is not willing to provide space for other carriers at a fair market rate when it would not impair the structural integrity of 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. If approval is revoked, the facility must be removed at the owner's expense. 5 through 13— No change. D. TELECOMMUNICATION ANTENNA TOWER and Equipment Setbacks. 1. TELECOMMUNICATION ANTENNAS, ATTACHED and other appurtenances may encroach up to two(2)feet into the minimum building setbacks in the underlying zoning district but must not extend over property lines. 2. Minimum setbacks for TELECOMMUNICATION ANTENNAS, CONCEALED are the same as the minimum building setbacks in the underlying zoning district. 3. Minimum setbacks for TELECOMMUNICATION ANTENNA TOWERS are as follows: a. From property 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 building setbacks and offsets in the underlying zone district. b. From subdivision exemption boundaries for temporary use of a parcel for Telecommunication Antenna Tower Facilities 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 building offsets in the underlying zone district unless evidence of a recorded easement granted by the underlying property owner, which allows for the fall of the tower onto the burdened property is provided. As an alternative, the applicant can provide stamped documentation from an engineer PAGE 2 2015-1891 ORD2015-8 demonstrating that the tower and debris will fall completely within the boundary of the subdivision exemption. 4. 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 zone district. E. Equipment Design. 1 through 4— No changes. 5. The maximum permissible noise level shall adhere to the maximum permissible noise levels allowed in the underlying zone district as delineated in Chapter 14, Article IX of this Code. F. Base or Accessory Site Design. 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 be installed when any part of the facility is visible from public rights-of-way or adjacent properties. 2 through 4— No changes. G. Abandonment. If the Use by Special Review has not commenced within three(3)years from the date of approval, or is discontinued for a period of three (3) consecutive years, it shall be presumed inactive or abandoned. The COUNTY shall initiate an administrative hearing to consider whether to grant an extension of time to commence the use or revoke the use. If the use is revoked, it shall be necessary to follow the procedures and requirements of this Division in order to reestablish any subsequent Use by Right or Use by Special Review. Upon the determination that the use has been abandoned, the facility owner has ninety(90)days to re-use the facility or transfer the facility to another owner who will re-use it or remove the facility. Evidence of such shall be provided, in writing, to the Department of Planning Services. 1. Removal of abandoned TELECOMMUNICATION ANTENNA TOWERS shall be addressed in all lease agreements and shall specifically address the duties and obligations of the lessee and its assigns as well as the property owner regarding the removal of TELECOMMUNICATION ANTENNA TOWERS deemed by the County to be abandoned. 2. If required by the Director of Planning Services or the Board of County Commissioners, the applicant or owner shall submit an Improvements Agreement agreeing to remove the improvements as shown in the application, plans, plat and other supporting documents. The agreement shall 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. PAGE 3 2015-1891 ORD2015-8 Amend 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, Divisions 3 through 5 of this Chapter, applications for administrative or Use by Special Review approval of proposed TELECOMMUNICATION FACILITIES, and additions or modifications to existing facilities, must include the following: 1 through 3— No changes. 4. 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. 5. A report describing the TELECOMMUNICATION FACILITY and the technical need and other reasons for its design, height and location; the 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. 6. The FAA response to the Notice of Proposed Construction or Alteration (FAA Form 7460-1 or equivalent), if the facility is located near an airport or a flight path. 7. If landscaping/screening is required by the Department of Planning Services the applicant is responsible for landscaping, screening, site maintenance and the replacement of dead plant material. 8. A schedule for the installation of landscaping and screening, if applicable. 9. A letter of intent to allow CO-LOCATION on the TELECOMMUNICATION ANTENNA TOWER. The applicant may provide written justification and evidence why co-location is not possible. Remainder of section - No changes. Amend 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 through I — No change. 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. PAGE 4 2015-1891 ORD2015-8 K . A report statement describing the TELECOMMUNICATION FACILITY and the technical need and other reasons for its design and location ; the 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 near an airport or a flight path . M . A schedule for the installation of landscaping and screening , if applicable . N . If landscaping/screening is required by the Department of Planning Services , the applicant is responsible for landscaping , screening , site maintenance and the replacement of dead plant material . 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 is not possible . P . A letter of intent or lease agreement statement which addresses removal of the facility at the expense of the TELECOMMUNICATION FACILITY and/or property owner if it is deemed abandoned . The applicant or owner may also be required to submit an Improvements Agreement agreeing to remove the improvements as shown in the application , plans , plat and other supporting documents . The agreement shall be made in conformance with the County policy regarding collateral for improvements and shall be approved by the Board of County Commissioners prior to commencement of operation , as applicable . The Department of Planning Services may request additional copies of any submittal 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 TELECOMMUNICATION FACILITY by a provider must include a detailed inventory of all the provider' s existing and approved TELECOMMUNICATION FACILITIES within the County , all incorporated areas within the County , and one ( 1 ) mile beyond the County border, including Wyoming . S . An application fee . 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 . PAGE 5 2015- 1891 ORD2015-8 Delete L. U. A letter of intent or lease agreement statement which addresses removal of the TELECOMMUNICATION FACILITY at the expense of the TELECOMMUNICATION FACILITY and/or property owner if it is deemed abandoned. The applicant or owner may also be required to submit an Improvements Agreement agreeing to remove the improvements as shown in the application, plans, plat and other supporting documents. The agreement shall be made in conformance with the County policy regarding collateral for improvements and shall be approved by the Board of County Commissioners prior to commencement of operations, as applicable. The Department of Planning Services may request additional copies of any submittal item for review by other agencies. Add Sec. 23-4-892. Addition of Equipment on Existing Telecommunication Tower Facilities. A. Addition of equipment onto existing Telecommunication Tower 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 for a Telecommunication for Antenna Tower if the tower height remains unchanged, the coverage area and communication reception for existing facilities are not impacted, and the area occupied by the Telecommunications tower and accessory equipment does not expand. B. Other additions of equipment onto existing Telecommunication Tower facilities (including existing nonconforming antenna tower facilities) that extend the tower height and/or expand the area occupied by the tower and/or accessory equipment shall be reviewed by the Department of Planning Services Staff to determine whether or not a new or amended Use by Special Review (USR) will be required or a new Zoning Permit for a Telecommunication Antenna Tower Facility (ZPTT) will be required. Add Sec. 23-4-894. Subdivision Exemptions for Changes to Existing Telecommunication Tower Facilities. A. A new or amended Subdivision Exemption is not required if not expanding ground area of the Telecommunication Tower site or if not extending the height of tower and the coverage area and communication reception for existing facilities are not impacted. Subdivision Exemption requirements are delineated in Chapter 24, Section VIII of the Weld County Code. Ii Add Sec. 23-4-896. Cell on Wheels (COW). A. Any CELL ON WHEELS (COW) facility must be approved by the Board of County Commissioners prior to placement. COW facilities are not considered to be permanent uses and may be allowed by the Board of County Commissioners to remain on a site for a period not to exceed one (1) year. BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Colorado Code Publishing to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they currently exist within said Code; and to resolve any inconsistencies regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections in said Code. PAGE 6 2015-1891 ORD2015-8 BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. The above and foregoing Ordinance Number 2015-8 was, on motion duly made and seconded, adopted by the following vote on the 20th day of July, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Barbara Kirkmeyer, Chair Weld County Clerk to the Board Mike Freeman, Pro-Tem BY: Deputy Clerk to the Board Sean P. Conway APPROVED AS TO FORM: Julie A. Cozad County Attorney Steve Moreno Publication: May 6, 2015 First Reading: June 8, 2015 Publication: June 17, 2015, in the Greeley Tribune Second Reading: June 29, 2015 Publication: July 7, 2015, in the Greeley Tribune Final Reading: July 20, 2015 Publication: July 29, 2015, in the Greeley Tribune Effective: August 3, 2015 PAGE 7 2015-1891 ORD2015-8 Hello