HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/21/2017 - ITEMS RELATING TO CODE AMENDMENTS TO MANAGE SMALLAgenda Item 16
Item # 16 Page 1
AGENDA ITEM SUMMARY November 21, 2017
City Council
STAFF
Tyler Marr, Policy and Project Analyst
Cyril Vidergar, Legal
Brad Yatabe, Legal
SUBJECT
Items Relating to Code Amendments to Manage Small Cell and Other Communication Facility Installations in
City Rights-of-Way and on City Infrastructure.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 143, 2017, Amending Chapter 23 of the Code of the City of Fort Collins to
Establish Communication Facility Encroachment Permits.
B. First Reading of Ordinance No. 144, 2017, Amending Articles 3 and 5 of the Land Use Code Regarding
Small Cell Facilities
The purpose of this item is to consider additions to the City Code to regulate the installation of small cellular
and other communication equipment in the City’s rights-of-way, establish a permit to allow such installations
and to consider less extensive changes to the Land Use Code to clarify that the review of such applications for
use of the City’s right-of-way is addressed under the City Code regulations. The City Code language has been
recommended for approval by the Energy Board and the Land Use Code language has been recommended
for approval by the Planning and Zoning Board.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
BACKGROUND / DISCUSSION
On July 1, 2017, HB 17-1193, went into effect. This legislation expands the right of wireless communication
companies to locate “small cell” facilities in the City’s rights-of-way, through attachments on existing
infrastructure, such as street light poles or traffic signals. City Council subsequently approved a short-term
moratorium on the installation of small cellular equipment, to allow time for regulations to be developed, as
further described in Ordinance No. 105, 2017.
The City Code regulations staff has developed since that time create a review process and encroachment
permit for private parties to install small cellular and other communications equipment within the City’s rights-
of-way, or “public highways,” as defined in the regulations and HB 17-1193. Review of this permit will be
housed in the City’s Engineering department, which will coordinate with other relevant City agencies such as
Planning and Light and Power. The related regulations are proposed to be placed in City Code Chapter 23.
The proposed regulations also set forth location, operational, and design standards, written to comply with the
state law and the federal Telecommunications Act of 1996. The regulations are intended to support and form a
foundation for Master Lease Agreement’s (MLA), which will be required under the proposed code in order to
attach equipment to the City’s existing infrastructure. Some highlights from each of the sections are as follows:
Agenda Item 16
Item # 16 Page 2
Location standards:
• Location preference standards will primarily be addressed in an MLA. It is staff’s intent to minimize the
construction of new poles in the right of way and encourage the use of existing infrastructure. The
proposed code language requires a 600-foot distance be kept between communication facilities,
unless otherwise agreed to in a MLA. Industry experts have informed the City that tighter spacing will
likely be required for the deployment of a 4G network. Additionally, as 5G standards are developed,
facilities will need to be spaced even more closely than current 4G technology. The FCC has yet to
create standards for 5G service, so it is unclear when or if spacing will ultimately become an issue.
Operational standards:
• Wireless equipment must meet all existing federal requirements, including modification to meet
changes in those regulations, including radio frequency standards.
• Facilities must avoid signal interference with other licensed communications equipment, such as
television, telephone, or radio services.
• Time frames are set for the removal or relocation of equipment in the event of a project that widens a
road or otherwise needs the right-of-way. This time is set at 120 days, though the City may agree to a
longer period of time for notice in a MLA.
Design standards:
• Antennae must not be more than five feet above a host structure, such as a street light, or more than
18 inches in diameter.
• Camouflage techniques are required for all installations. These techniques could include
undergrounding, building components inside of a pole, grouping of equipment, and matching
equipment to the pole or surrounding environment.
In addition to these regulations, staff continues to work on the development of MLAs with various carriers and
infrastructure companies. Companies wishing to attach equipment to the City’s infrastructure must agree to a
MLA, which will be brought to Council for approval. It is staff’s intent that the MLAs mirror these Code
regulations in many ways, while enabling the carriers and City to agree on designs, preference of locations
(such as a light-pole before a traffic pole), and additional operational considerations within an agreement that
could allow for efficient deployment of a small-cell network.
Separate Land Use Code amendments are intended to mirror and ensure consistency between the Land Use
Code and City Code by clarifying that the review of small cellular and other communications equipment
principally in the City’s right-of-way is addressed under the City Code regulations. Cellular equipment and
facilities not principally in the City’s rights-of-way will continue to fall under the purview of the Land Use Code.
If Council approves these Code changes, once they are in effect, the moratorium that was previously approved
will terminate as of the date the proposed Ordinance becomes effective.
CITY FINANCIAL IMPACTS
This Ordinance is not expected to have an appreciable impact on the City’s budget.
BOARD / COMMISSION RECOMMENDATION
Staff presented to the Energy Board regarding the proposed City Code changes and to the Planning and
Zoning Board regarding the proposed Land Use Code changes. Both boards recommended approval of the
respective changes and no major issues were highlighted.
Agenda Item 16
Item # 16 Page 3
PUBLIC OUTREACH
Staff held an open house in mid-September to discuss the issue of cell coverage and small-cell facilities with
residents. Fewer than ten residents were in attendance, and most had concerns about coverage in their
respective areas of residence within the City. In general, residents seemed excited for the prospect to improve
cellular service in the Fort Collins area through the use of small cell equipment.
Staff has also reached out to a variety of industry stakeholders, including carriers and infrastructure
companies. Staff has met with two carriers and received written feedback from a third. Initial concerns were
related to proposed undergrounding requirements, potential conflicts with the intent of the state law, and ability
to effectively deploy a small cell network under the initial proposal.
Staff has made many changes to the proposed code language based on industry feedback in the areas of
location, operational, and design standards and believes the current proposal is feasible from an industry stand
point and compatible with City values and design expectations. One carrier has indicated they now believe the
proposed code language is workable and that further challenges could be addressed within a MLA.
ATTACHMENTS
1. Planning and Zoning Board minutes, October 19, 2017 (draft) (PDF)
2. Energy Board minutes, October 12, 2017 (draft) (PDF)
Project: Small Cell Land Use Code Changes
Project Description: This is a request for a recommendation to City Council regarding updates
to the Land Use Code related to small cell wireless technology in public right-of-way. These
proposed revisions add language to Section 3.8.13 addressing small cells and revises the
definition of development in Article 5 that addresses small cells.
Recommendation: Approval
Secretary Cosmas reported that the Legal Department submitted a revised ordinance since the
work session.
Staff Presentation and Board Questions
Planner Frickey gave a brief overview of this proposal, explaining what “small cells” are and how
they add capacity to wireless cell phone networks. He reviewed how this revision would impact
the state statute and would modify definition of the LUC in Article 5. Yatabe discussed the
reason the revision was made to tailor the language and scope to fit with current legislation –
also must be located wholly within the City-owned rights-of-way – new legislation and some
parts could be interpreted. Intent is focus on public right-of-ways.
Public Input (3 minutes per person)
None noted.
Board Questions and Deliberation
Chair Schneider asked about flight path requirements for FAA – Assistant City Attorney Yatabe
said to note that for future discussion.
Member Hobbs made a motion that the Planning and Zoning Board recommend to City
Council the Small Cell Land Use Code Changes as proposed in the staff report, based on
the findings of fact contained in the staff report that is included in the agenda materials
for this hearing and the board discussion on this item; Member Whitley seconded. Vote:
7:0.
ATTACHMENT 1
(Abridged) DRAFT: Fort Collins Utilities Energy Board Minutes
Thursday, October 12, 2017
Energy Board Chairperson City Council Liaison
Pete O’Neill, 970-223-8703 Ross Cunniff, 970-420-7398
Energy Board Vice Chairperson Staff Liaison
Nick Michell, 970-215-9235 Tim McCollough, 970-305-1069
Roll Call
Board Present: Chairperson Pete O’Neill, Vice Chairperson Nick Michell, Alan Braslau, Bill Becker, Stacey
Baumgarn, Margaret Moore, Amanda Shores (7)
Late Arrivals:
Board Absent: Greg Behm, John Fassler
Others Present
Staff: Tim McCollough, Christie Fredrickson, Lance Smith, Justin Fields, Randy Reuscher, John Phelan,
Pablo Bauleo, Kraig Bader, Lisa Rosintoski, Cyril Vidergar (10)
PRPA: Paul Davis, Wade Hancock, Joel Danforth, Jason Frisbie, Alyssa Clemsen Roberts (5)
Members of the Public: JD Murphy
[7:25] Small Cell Attachments
Kraig Bader, Standards Engineering Manager
(attachments available upon request)
All carriers are looking to bolster their networks in Fort Collins. In July 2017, a House Bill was passed in
Colorado (HB 17-1193), that expands the rights of telecom companies to install antennas on standalone
poles, or attach to existing equipment, such as streetlights. However, the City retains the right to
regulate these installations on existing City infrastructure.
Staff is working on preparing City Code and Land Use Code changes to address aesthetic concerns and
establish a process for review. They are currently aiming for November Council meetings for
consideration. Staff is working with the carriers to establish master lease agreements to outline how
attachments on City-owned poles fit certain aesthetic and engineering considerations. Staff will return
to Council as agreements are reached with the carriers. For now, staff recommended a short term
moratorium on the installations, and that will expire at the end of 2017 or as soon as regulations are
adopted. The moratorium is focused only on installations in the right of way by third parties, and
excludes those installations already agreed to in a Master Lease Agreement.
Mr. McCollough explained the goal is to get the code changes in place before the moratorium expires,
and to negotiate master lease agreements with the carriers that would be advantageous to both parties.
Board member Braslau asked how the carriers are reacting. Mr. Bader said they are being cooperative,
ATTACHMENT 2
(Abridged) DRAFT: Energy Board Minutes
October 12, 2017
2
(Abridged) DRAFT: Energy Board Minutes
October 12, 2017
but are interested in making sure the master lease agreements will also work for them. Mr. McCollough
also added the poor signal and coverage is a public safety concern for first responders like fire and
police, because there are several areas in Fort Collins that are essentially dead zones for cell phone
coverage, and Verizon is the primary cell phone provider for City Staff.
Board member Shores asked if there are high density areas where the antennas are needed, and Mr.
McCollough said yes there are some highly concentrated areas, but they are really needed City-wide.
Board member Becker asked if we would receive revenue through the antennas and Mr. McCollough
explained the carriers would be electric customers, but there are complications with renting the pole if
multiple carriers are using the same pole or structure.
Board member Braslau moved to support Staff’s recommendation to negotiate Master Lease
agreements and implement City and Land Use Code changes.
Board member Baumgarn seconded the motion.
Vote on the Motion: It passed unanimously, 7-0, with two absent.
-1-
ORDINANCE NO. 143, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 23 OF THE CODE OF THE CITY OF FORT COLLINS
TO ESTABLISH COMMUNICATION FACILITY ENCROACHMENT PERMITS
WHEREAS, the City Council is empowered and directed by Article II, Section 5(b) and
Section 14, of the City Charter to provide for all essential administrative functions and public
services related to street maintenance and provide for all licenses and permits for regulatory
purposes; and
WHEREAS, during the 2017 legislative session, the Colorado General Assembly passed
and the Governor signed into law HB17-1193, codified at Title 29, Article 7 and Title 38, Article
5.5 of the Colorado Revised Statutes, which expands access to public rights-of-way and City-
owned infrastructure in public rights-of-way for placement of small cell facilities, making such
facilities a use by right in all zone districts; and
WHEREAS, notwithstanding the expanded access to municipal rights-of-way and City-
owned infrastructure for small cell facilities, HB17-1193 also preserves the local government's
right to exercise police powers to regulate the placement of such facilities, subject to certain
limitations; and
WHEREAS, HB17-1193 became effective on July 1, 2017; and
WHEREAS, the City Code currently allows right-of-way obstruction permits for limited
purposes and activities, and the City Council has determined a new class of encroachment permit
is needed for communication facilities under HB 17-1193 and to facilitate availability of wireless
communication services throughout all areas of the City; and
WHEREAS, the City Council has also determined the City Code should be amended to
clarify when standards for review of communication facility encroachments will incorporate
administrative standards adopted for land use, building, forestry, and public land management in
other areas of the City; and
WHEREAS, on September 5, 2017, the City Council adopted Ordinance No. 105, 2017,
enacting a temporary moratorium on accepting new applications and issuing permits for
communication facilities in public highways in order to allow staff to develop and present for
City Council consideration design standards and regulations for installation of communication
facilities by third parties in public highways in the City; and
WHEREAS, based on direction provided by the City Council on September 5, 2017, staff
developed new regulations to comply with HB 17-1193 and Title 47 of the United States Code to
facilitate orderly review and approval of permits for communication facilities located in “public
highways”, as defined in HB 17-1193; and
-2-
WHEREAS, staff incorporated feedback from operators of small cell wireless
communication facilities in developing the regulations described by this Ordinance; and
WHEREAS, the City Manager and staff have recommended to the City Council the
following additions and revisions to Chapter 23 of the City Code to create a right-of-way
encroachment permit application and review process for locating wireless communication
facilities in public highways in the City; and
WHEREAS, based on the foregoing, it is the desire of the City Council to amend Chapter
23 of the City Code to establish communication facility encroachment permits for public
highways.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 23-19 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 23-19. Bond and insurance.
(a) Every applicant for an excavation permit shall comply with the bonding and insurance
requirements set forth in §§ 15-363 and 15-364.
(b) A contractor’s license and endorsements package including bonding, liability insurance
and endorsements must be completed and on file with the Engineering department when working
in the right-of-way and/or connecting to a City utility.
Section 3. That Chapter 23, Article VII of the Code of the City of Fort Collins,
currently reserved, is hereby added as follows:
ARTICLE VII
COMMUNICATION FACILITY ENCROACHMENT PERMITS
Sec. 23-171. - Purpose and intent.
In order to accommodate the communication needs of residents and businesses, while protecting
the community’s natural beauty, visual quality, and public health, safety and general welfare, the
City Council finds these regulations are necessary to:
(1) Establish a local policy concerning installation of communication facilities in
public highways, minimizing the visual impact of such installations on the community,
particularly in and near residences;
-3-
(2) Promote competition in the provision of wireless communications services;
(3) Facilitate the provision of wireless communications services to the residents and
businesses of the city;
(4) Minimize adverse visual effects of antennas, overhead attachments in public
highways, and communication facilities through careful design and siting standards,
including but not limited to camouflage design techniques, screening, and
undergrounding of associated equipment whenever possible;
(5) Encourage collocation of antennas and maximizing the use of existing structures
in public highways to accommodate communications facilities, reduce the number of
support structures needed to serve the community and minimize impacts in or near
residences;
(6) Encourage deployment of smaller, less intrusive communications facilities,
including Distributed Antenna Systems (DAS) and small cell networks with components
that are a fraction of the size of macro communication facilities, and which are installed
with little or no impact on utility support structures; and
(7) Ensure vertical structures in or near residential zones are approved with
consideration for preserving neighborhood harmony, scenic view sheds and corridors,
and the quality of living in residential areas near communication facilities;
(8) Effectively manage communication facilities in public highways and dedicated
utility easements of the City;
(9) Establish clear guidelines and standards and an orderly process for expedited
permit application review to facilitate deployment of small cell networks and personal
wireless services to the City, its residents, businesses, and community at large; and
(10) Provide regulations which are specifically not intended to, and shall not be
interpreted or applied to, (1) prohibit or effectively prohibit the provision of personal
wireless services, (2) unreasonably discriminate among functionally equivalent service
providers, or (3) regulate wireless transmission equipment on the basis of the
environmental effects of radio frequency emissions to the extent that such emissions
comply with the standards established by the Federal Communications Commission.
Sec. 23-172. – Definitions.
The following words, terms, and phrases, when used in this Chapter, shall have the meanings
below:
AASHTO shall mean the American Association of State Highway and Transportation Officials.
-4-
ANSI/SCTE 77 shall mean the standards for underground enclosures published by the American
National Standards Institute and Society of Cable Telecommunications Engineers.
Antenna(s) shall have the meaning set forth in § 29-27-402, Colorado Revised Statutes.
Applicant or permittee shall mean a natural person or persons, partnership, company,
corporation, or other legal entity who files an application for and/or receives a CF permit under
this Article.
Base Station shall mean a structure or equipment at a fixed location that enables FCC-licensed or
authorized wireless communications between user equipment and a communications network,
except that a base station does not include or encompass a Tower or any equipment associated
with a tower, as defined herein. Base station does include:
(1) Equipment associated with wireless communications services such as private
broadcast, and public safety services, as well as unlicensed wireless services and fixed
wireless services such as microwave backhaul that, at the time the relevant application is
filed with the City under this Article, has been reviewed and approved under the
applicable zoning or siting process, or under another State or local regulatory review
process, even if the structure was not built for the sole or primary purpose of providing
such support.
(2) Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup
power supplied, and comparable equipment, regardless of technological configuration
that, at the time the relevant application is filed with the City under this Article, has been
reviewed and approved under the applicable state or local regulatory review process,
even if the structure was not built for the sole or primary purpose of providing such
support.
Base station does not include any structure that, at the time the relevant application is filed with
the City under this Article, does not support or house equipment described in sub-paragraphs (1)
and (2) above.
Broadband facility shall mean any infrastructure used to deliver broadband service or for the
provision of broadband service. Such definition shall not include any component of an
information service system defined as a “cable system” under 47 U.S.C. §§ 153 or 522.
Broadband service shall mean any technology identified by the FCC as having the capacity to
transmit data to enable a subscriber to the service to originate and receive high-quality voice,
data, graphics, and video. Such definition shall exclude any information service defined as a
“cable service” under 47 U.S.C. §§ 153 or 522.
Broadband provider shall mean a person that provides broadband service for a fee directly to the
public or to such classes of users as to be effectively available directly to the public. Such
definition shall not include any provider of a service defined as a “cable service” under 47
U.S.C. §§ 153 or 522.
-5-
Camouflage, Concealment or Camouflage Design Techniques shall mean the use of any
measures in the design and siting of base stations or small cell facilities with the intent to
minimize or eliminate the visual impact of such facilities to surrounding uses. A site utilizes
camouflage design techniques when it (i) is integrated as an architectural feature of an existing
structure such as a cupola, or (ii) is integrated in an outdoor fixture such as a flagpole, or (iii)
uses a design which mimics and is consistent with the nearby natural, or architectural features
(such as an artificial tree) or (iv) is incorporated into or replaces existing permitted facilities
(including without limitation, stop signs or other traffic signs or freestanding light standards) so
that the presence of the base station or small cell facility is not readily apparent. For base
stations and other associated equipment, below grade vault placement will constitute camouflage
or concealment.
Collocation shall mean the mounting or installation of transmission equipment on an eligible
support structure for transmitting and/or receiving radio frequency signals for communications
purposes so that installation of a new support structure is not required.
Communications Facility, wireless service facility or CF shall mean a facility, including a small
cell facility, used to provide personal wireless services as defined at 47 U.S.C. § 332 (c)(7)(C),
or wireless information services provided by a common carrier to the public or to such classes of
users as to be effectively available directly to the public via licensed or unlicensed frequencies,
or wireless utility monitoring and control services. A CF may include an antenna or antennas
(but does not include coaxial or fiber optic cable that is not immediately adjacent to, or directly
associated with, an antenna), base stations, and towers. A CF does not include the support
structure to which the CF or its components are attached if the use of such structures is not
primary for a CF.
Communications facility permit, CF permit or permit shall mean an encroachment permit issued
pursuant to this Article, authorizing placement of a CF in a public highway in the city or on City-
owned structure.
Distributed antenna system, or DAS, shall mean a network of spatially separated antenna nodes
connected to a common source via a transport medium that provides wireless service within a
geographic area or structure.
Eligible facilities request shall mean a request for modification of an existing tower that does not
substantially change the physical dimensions of such tower involving: (i) collocation of new
transmission equipment, (ii) removal of transmission equipment, or (iii) replacement of
transmission equipment.
Eligible support structure shall mean any tower as defined at 47 U.S.C. § 153, provided it exists
at the time the relevant application is filed with the City under this Article.
Engineer shall mean the City Engineer, who shall have those duties and powers as set forth in §
24-39 of this Code.
-6-
Existing tower shall mean a constructed tower that was reviewed, approved, and lawfully
constructed in accordance with all requirements of applicable law as of the time it was built. For
example, a tower that exists as a legal, non-conforming use and was lawfully constructed is
existing for purposes of this definition.
FAA shall mean the United States Federal Aviation Administration.
FCC shall mean the United States Federal Communications Commission.
Landowner shall mean a natural person or persons, partnership, company, corporation or other
legal entity recorded, in the records of the Larimer County Clerk & Recorder, as the holder of
title to the real property and or personal property on which the communications facility is located
or proposed to be located. Landowner does not include the owner of a CF for which an
application for a CF permit has been filed under this Article.
Master license agreement or MLA shall mean a written agreement between the City and an
applicant in which is set forth specific negotiated terms and conditions applicable to applicant’s
use of specific instances of City-owned infrastructure.
Micro wireless facility shall have the meaning set forth in § 29-27-402, Colorado Revised
Statutes.
Public highway shall have the meaning set forth in § 38-5.5-102, Colorado Revised Statutes.
Right(s)-of-way shall mean any portion of a public highway dedicated to the City. Rights-of-way
shall not include specific-purpose utility easements, when the specific purpose of the utility
easement dedication does not include communication facilities or public access.
Screen shall mean an opaque structure, typically located on top of, but integrated with the design
of, a building that conceals mechanical, communications or other equipment from view from the
surrounding rights-of-ways and properties.
Signal interference letter shall mean a written statement certifying a technical evaluation of
existing and any proposed CFs which identifies the potential interference problems with
operation of a proposed CF and authorizes the City to monitor interference levels with public
safety communications during operation of a CF.
Site shall mean that area comprising the base of a City-owned structure on which is mounted
wireless communication equipment subject to this Article and to other related transmission
equipment already deployed on the ground surrounding such vertical structure; regarding private
property structures, the site shall include the current boundaries of the leased or owned property
and any access or utility easements currently related thereto.
Small cell facility or small cell communications facility shall mean any of the following:
-7-
(1) A compact wireless CF where each antenna, including exposed elements, is
located inside an area of no more than three (3) cubic feet in volume, irrespective of
whether enclosed; and primary equipment enclosures are not larger than seventeen (17)
cubic feet in volume. The following associated equipment may be located outside the
primary equipment enclosure and, if so located, is not included in the calculation of
equipment volume: electric meter, concealment, telecommunications demarcation box,
ground-based enclosure, back-up power systems, grounding equipment, power transfer
switch and cut-off switch. All associated equipment, even if located outside the primary
equipment enclosure, shall be included within the definition of small cell facility; or
(2) A micro wireless facility.
Small cell network shall mean a collection of interrelated small cell facilities designed to deliver
wireless service.
Telecommunications provider shall mean a person that provides telecommunications service(s),
except for cable services and aggregators of telecommunications services as those terms are
defined by federal law. Telecommunications provider does not mean a person or business using
antennas, support towers, equipment, and/or buildings used to transmit high power over-the-air
broadcast of AM and FM radio, VHF and UHF television, and advanced television services,
including high definition television, as those services are defined by federal law.
Telecommunications service(s) shall mean the offering of telecommunications and/or broadband
service for a fee directly to the public or to such classes of users as to be effectively available
directly to the public, except for cable services as that term is defined by federal law.
Tower shall mean any structure built for the primary purpose of supporting any FCC-licensed or
authorized antennas and their associated facilities, including structures that are constructed for
wireless communications services including private, broadcast, and public safety services,
unlicensed wireless services, fixed wireless services such as microwave backhaul, and the
associated site. The term includes radio and television transmission towers, microwave towers,
common carrier towers, cellular telephone towers, alternative tower structures and other similar
structures, though not including utility or light poles that are less than thirty-five (35) feet in
height.
Transmission Equipment shall mean equipment that facilitates transmission for any FCC licensed
or authorized wireless communication service, including, but not limited to, radio transceivers,
antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes
equipment associated with wireless communications services including, but not limited to,
private, broadcast, and public safety services, as well as unlicensed wireless services and fixed
wireless services such as microwave backhaul.
Unreasonable interference shall mean any use of a public highway that disrupts or interferes
with its use by the City, the public, or other person authorized to use or be present upon the
highway, when there exists an alternative that would result in less disruption or interference.
Unreasonable interference includes any use of a public highway that alters or disrupts vehicular,
-8-
bicycle, or pedestrian traffic or visibility, any interference with public utilities, and any other
activity that presents a hazard to public health, safety, or welfare.
Sec. 23-173. – Applicability.
(a) The provisions of this Article shall apply to any CF located principally within a public
highway in the city and it shall be unlawful for a CF to be placed in any public highway except
in compliance with this Article.
(b) The following facilities are not subject to the requirements of this Article, though such
facilities may be subject to separate regulation under the Fort Collins Land Use Code:
(1) Antennas or towers used by FCC-licensed amateur (ham) radio operators. Such
facilities shall be permitted subject to the Land Use Code.
(2) Television or radio antennas. Those antennas, including over the air reception
devices, located on single family dwellings or duplexes, not exceeding one (1) meter in
diameter and less than five (5) feet above the highest point of the existing principal
structure, or for ground mounted antennas, the requirement that the height be no more
than the distance from its base to the property line or the maximum height specified for
accessory structures for that zone district, whichever is less. The City Manager or his or
her designee has the authority to approve modifications to the height restriction related to
over the air reception device antennas and antenna structures, if in the reasonable
discretion of the City, modifications are necessary to comply with federal law.
(3) Government-owned facilities. City-owned communications facilities located on
City-owned property and/or public rights-of-way, and any government-owned CF
installed upon the declaration of a state of emergency by the federal, state or local
government, or a written determination of public necessity by the City.
Sec. 23-174. Location standards.
(a) Preferred locations. To the maximum extent feasible, in all zoning districts, the
preference of this Article shall be that CFs be located on main corridors and arterials, and not on
residential streets, unless necessary for network operations. CFs shall maintain least six hundred
(600) feet of separation from another CF, or as otherwise set forth in a master license agreement,
except when collocated.
(b) CF equipment. To the extent any transmission equipment is approved to be located above
ground, it shall be placed as close as reasonably feasible to the vertical support structure to
reduce the overall visual profile, and shall comply with all design standards set forth in § 23-176.
(c) Separation. No freestanding CF shall be placed within six hundred (600) feet of another
freestanding CF in a public highway, unless otherwise set forth in a master license agreement.
This separation requirement does not apply to attachments made to existing CFs. The Engineer
may modify this requirement if the applicant demonstrates the need for the CF and cannot
-9-
otherwise reasonably satisfy this requirement, or as may otherwise be as set forth in a master
license agreement.
(d) Residential areas. When placed in a single family residential areas, the CF shall be sited
in a manner that evaluates the proximity of the facility to single family residential structures.
When placed near single family residential property, the CF shall be placed adjacent to the
common side yard property line between adjoining residential properties, so the CF minimized
visual impacts equitably among adjacent properties. In the case of a corner lot, the CF may be
placed adjacent to the common side yard property line between adjoining residential properties,
or on the corner formed by two intersecting streets. If these requirements are not reasonably
feasible from a construction, engineering or design perspective, the applicant may submit a
written statement to the Engineer requesting the CF be exempt from these requirements.
(e) Above-ground equipment. Transmission equipment shall be located out of view to the
maximum extent feasible. The Engineer may where appropriate and reasonably feasible based
upon technical, construction and engineering requirements, require a flush-to-grade underground
equipment vault.
Sec. 23-175. - Operational standards.
(a) Federal requirements. All CFs shall meet the current standards and regulations of the
FAA, the FCC and any other agency of the federal government with the authority to regulate
CFs. If such standards and regulations are changed, the CF owners shall bring such facility into
compliance with such revised standards and regulations within the time mandated by the
controlling federal agency.
(b) Radio frequency standards. All CFs shall comply with federal standards for radio
frequency emissions. An MLA may establish methods to demonstrate compliance with radio
frequency emissions standards and require reimbursement by the applicant of reasonable costs
incurred by the City to verify such compliance.
(c) Signal interference. All small cell facilities shall be designed and sited so as not to cause
interference with the normal operation of licensed radio, television, telephone and other
communication services on adjacent properties; nor shall any such facilities interfere with any
public safety communications.
(1) As further set forth in § 23-177 (d)(1), at the time of submitting a permit
application the applicant shall include a current signal interference letter.
(2) Additionally, the applicant shall notify the City at least ten (10) calendar days
prior to the introduction of new service or changes in existing service, and shall allow the
City to monitor interference levels with public safety communications during the testing
process.
-10-
(d) Legal access. The applicant shall warrant and represent for all CF permit applications
that the applicant has a letter of authorization from the landowner of any private property or a
master license agreement for any public highway affected by the application providing legal
access to/from the CF and the utilities necessary to operate and maintain the facility.
(e) Operation and maintenance.
(1) To ensure structural integrity of CFs, the CF owner shall ensure the CF and all
associated support infrastructure is maintained in compliance with local building and
safety codes, and applicable state and federal government agency wireless
communication facility standards. If upon inspection, the City reasonably concludes a
CF fails to comply with such codes and constitutes a danger to persons or property, upon
written notice provided to the CF owner, the owner shall have thirty (30) days from the
date on the notice to bring the CF into compliance. Upon good cause shown by the CF
owner, the Engineer may extend such compliance period not to exceed ninety (90) days
from the date of said notice. If the CF owner fails to bring the CF into compliance within
said period, the City may remove such facility at the permitee’s expense.
(2) The site and the CF including all landscaping, fencing and related transmission
equipment must be maintained at all times in a neat and clean manner and in accordance
with all approved plans. Graffiti and damage must be timely removed or repaired by the
CF owner after notification by the City.
(3) If any FCC, state or other governmental license or approval to provide personal
wireless services is revoked as to any CF permitted or authorized under this Article, the
permittee must inform the City of the revocation within thirty (30) days of receiving
notice of such revocation.
(4) No trees may be removed or pruned in maintaining or operating a CF, except
upon satisfying the necessity standards in § 23-176 (c)(5)d. and all requirements in
Chapter 27 of this Code.
(5) To ensure proper identification of underground elements of CFs, upon request by
the City, the applicant shall provide as-built drawings and a statement of compliance with
all permit location conditions for CFs permitted under this Article. The failure of an
applicant to submit completed as-built drawings shall be interpreted as a waiver of all
claims for damages or injuries arising from inaccurate locates by the City or third parties
as to the location of applicant’s underground CF elements.
(6) The CF will remain free from graffiti and other forms of vandalism. Any damage
shall be repaired as soon as practicable, and in all instances upon the earlier of ten (10)
calendar days from the date of notification by the City and/or discovery by the applicant
or CF operator.
(7) In the event of conflict between the requirements of this subsection (e) and a
master license agreement, the master license agreement shall have priority.
-11-
(f) Abandonment and removal. If a small cell facility has not been in use for a period of
three (3) months, the permitee shall notify the City of the non-use and indicate whether re-use is
expected within the ensuing three (3) months. Any CF that is not operated for a continuous
period of six (6) months shall be considered abandoned without regard to whether the permittee
has provided notice, and any CF permit issued in connection therewith shall be deemed to have
expired.
(1) The City, in its sole discretion, may require an abandoned CF to be removed. The
permitee shall remove the same within thirty (30) days of the date on a written notice
from the City. Upon removal, the land shall be restored and re-landscaped, at the
permitee’s expense, to the level of finish of the adjacent landscaped area.
(2) If such CF is not removed within said period, the City may remove it at the
permitee’s expense and any approved permits for the CF shall thereupon expire.
Reimbursement for all such removal costs shall be paid by applicant to the City prior to
permitee’s receipt of any additional permit under this Article.
(3) In addition, a CF shall be removed within one hundred twenty (120) days after
notification by the City that the public highway is needed for expansion, construction, or
reconstruction, or other use by the City for any city project. Such removal shall be at the
sole expense of the applicant and if the applicant fails to remove the CF within the said
one hundred twenty (120) days, or such longer period as may be established in a master
license agreement, the City may remove the CF and charge the costs to the applicant.
Reimbursement for all such removal costs shall be paid by the permitee to the City prior
to issuance of any additional permit under this Article.
(g) Rules and regulations. The Engineer may promulgate rules and regulations consistent
with the provisions of this Article for the administration of CF installations and extensions,
including minor additions, revisions and corrections thereto as may, in the judgment of the
Engineer, be necessary to better conform to good engineering and/or construction standards
and practice. The Engineer shall approve only those proposed technical revisions that:
(1) are consistent with all existing policies relevant to the revisions,
(2) do not result in any significant additional cost to persons affected by the
revision, and
(3) do not materially alter the standard or level of service to be accomplished
through the specified infrastructure.
Upon adoption of any technical revisions pursuant to this subsection (g), the Engineer shall
provide to the City Clerk documentation of such technical revisions specifying the date upon
which they shall become effective, and shall maintain said documentation on file in the
permanent records of the City Clerk and shall make the same available for public inspection.
Sec. 23-176. - Design standards.
-12-
(a) Standards. The requirements set forth in this Section shall apply to the location and
design of all CFs governed by this Article as specified below. To that end and to the maximum
extent reasonably feasible, CFs shall be designed and located to minimize their impacts,
consistent with this Article.
(b) Site Design Flexibility. To the maximum extent feasible, individual CFs shall be installed
to best camouflage, disguise, or conceal the facility to make it more closely compatible with and
blend into the setting and/or host structure. The Engineer may nevertheless grant a modification
of the standards in this Section, provided he or she finds the modification would not be
detrimental to the public good, and that:
(1) the plan in the application as submitted will promote the general purpose of the
standard for which the modification is requested equally well or better than would a plan
which complies with the standard for which a modification is requested; or
(2) the granting of a modification from the strict application of any standard would,
without impairing the intent and purpose of this Article, substantially alleviate an
existing, defined and described problem of city-wide concern or result in a substantial
benefit to the City by reason of the fact that the proposed CF would substantially address
an important community need specifically and expressly defined and described in the
City's Comprehensive Plan or an adopted policy, ordinance or resolution of the City
Council, and the strict application of such a standard would render the CF practically
infeasible; or
(3) by reason of exceptional physical conditions or other extraordinary and
exceptional situations, unique to the site, including, but not limited to, physical
conditions, including shallowness or topography, or physical conditions which hinder the
applicant’s ability to overcome existing physical signal obstructions, the strict application
of the standard sought to be modified would result in unusual and exceptional practical
difficulties, or exceptional or undue hardship upon the applicant, provided that such
difficulties or hardship are not caused by the act or omission of the applicant; or
(4) the plan in the application as submitted will not diverge from the standards of this
Article that are authorized by this Section to be modified except in a nominal,
inconsequential way when considered from the perspective of the affected public
highway, and will continue to advance the purposes of this Article.
(c) Conditions.
(1) Camouflage/concealment. All CFs shall use camouflage design techniques,
including, but not limited to undergrounding, installing equipment internal to the pole,
use of materials, colors, textures, screening, landscaping, or other design options that
blend the CF into the surrounding natural setting and built environment.
a. Vault standards. No vault shall be larger than seventeen (17) cubic feet in
volume. The interior dimensions of any vault approved for installation under this
-13-
Article shall include sufficient space to accommodate installation of an electric
meter, subject to approval by Fort Collins Utilities. All vaults shall at a minimum
meet ANSI/SCTE 77, Tier 15 standards for non-deliberate traffic applications.
b. Pole standards. A small cell facility may be deployed in the public
highway using vertical components of a street light pole or similar structure.
Such facilities shall be subject to the following:
1. All utility poles approved under this Article to host CFs shall be
electrically and structurally sound, meeting all applicable structural
requirements and permanent installation criteria of Chapter 5 of this Code
and otherwise satisfy AASHTO and National Electric Code standards
adopted under § 5-80 of this Code and applicable to City utility structures
installed in public highways.
2. The pole or structure shall be no more than ten (10) feet higher (as
measured from the ground to the top of the pole) than any existing utility
or traffic signal within six hundred (600) feet of the pole or structure.
3. In no case shall any CF be higher than forty (40) feet, unless the
applicable support structure is already existing at a greater height prior to
attachment of the CF.
4. The applicant shall provide appropriately authorized written
permission from the landowner at the time the application is submitted,
pursuant to § 23-175(d).
c. Antenna. No antenna shall extend more than five (5) feet above the
principal host structure, relative to original height of such structure. Nor shall any
antenna significantly exceed the diameter of any host structure to which the
antenna is attached or exceed a total of eighteen (18) inches in diameter, including
housing and shroud elements.
d. Where the Engineer determines particular sensitivity (e.g., proximity to
historic or aesthetically significant structures, views, and/or community features)
warrants special consideration and in areas of high visibility, CFs shall to the
extent reasonably feasible be designed to minimize their profile.
e. All visible CF components, such as antennas, vaults, and equipment
enclosures, shall be constructed of non-reflective materials, be painted to match
the surrounding environment, and blend in with adjacent structures and
vegetation.
f. Any CF sited on a traffic signal standard shall be designed so the antenna
is placed in a manner so the size, appearance, and function of the traffic signal is
not altered.
-14-
(2) Hazardous materials. No hazardous materials shall be permitted in association
with CFs, except those necessary for the operations of the CF and only in accordance
with all applicable laws governing such materials.
(3) Siting.
a. All elements of CF permitted under this Article shall be located
principally within the boundaries of a public highway.
b. The number of poles within the public highway shall be limited as much
as possible and shall adhere to structural requirements set forth in an MLA.
c. Applicants may be required to design and construct CFs to accommodate
equipment for at least two (2) service providers on the same structure, unless the
Engineer approves an alternative design, to the extent reasonably feasible based
upon construction, engineering and design standards. No permitee or CF operator
shall unreasonably exclude a telecommunications competitor from using the same
facility or location. Upon request by the Engineer, the permitee shall provide
evidence explaining why collocation is not possible at a particular facility or site.
No applicant shall unfairly exclude a competitor from using a site when
collocation is reasonably feasible based upon applicable construction,
engineering, and design standards.
d. CFs shall be sited in a location that does not alter or reduce parking or
otherwise inhibit another principal uses of the public highway.
e. Without regard to whether any portion of a CF is approved to be installed
above ground, all elements of a CF shall be grouped as closely as reasonably
feasible, contained within a total footprint area no greater than thirty-five (35)
square feet, and otherwise located in a manner necessary to address public safety
and aesthetic concerns in the reasonable discretion of the Engineer.
f. A CF shall not be located or maintained in a manner that causes
unreasonable interference with a public highway.
(4) Lighting. A CF shall not be artificially lighted, unless required by the FAA or
other applicable governmental authority, or the CF is mounted on a structure primarily
used for lighting purposes. If lighting is required, the City may review the available
lighting alternatives and approve the design that would cause the least disturbance to the
surrounding views. Lighting shall be shielded or directed to the greatest extent possible
to minimize glare and light falling onto nearby properties.
(5) Landscape and fencing requirements.
-15-
a. CFs shall be sited in a manner that does not reduce landscaped areas of the
public highway.
b. Applicants shall restore all landscaping impacted during CF installation to
City street vegetation standards. Supplemental landscaping will be a condition of
approval for any CF requiring visible ground-mounted equipment not internal to
the support structure or in a below-grade vault.
c. Existing tree growth and natural landforms on the site shall be preserved
and negative impacts to tree canopies and root systems avoided to the maximum
extent feasible.
d. No tree may be removed in siting a CF, unless authorized by the City
Forester. To obtain authorization the applicant shall show wireless services are
not technically feasible without tree removal; the applicant's plan minimizes the
total number of trees to be removed, avoids removal of any tree larger than four
(4) inches at four and one-half (4 ½) feet high, and replaces any tree to be
removed at a ratio of 2:1; and all new trees meet the replacement size standards in
§ 3.2.1. (d)(4) of the Land Use Code.
(6) Noise. Noise generated on the site must not exceed levels permitted in Chapter
20.
(7) Anticipated redevelopment. If the built environment is anticipated to change
significantly during the usable life of a CF, such as within an urban renewal district, the
CF shall be compatible with the anticipated future built environment.
(8) Additional design requirements. Other requirements applicable to various types
of CFs are specified below:
a. Non-city utility structure attachments. If a CF is installed on a City
structure other than utility, light, or traffic infrastructure, the CF shall be of a
neutral, non-reflective color identical to, or closely compatible with, the color of
the supporting structure, or use other camouflage/concealment design techniques
to make the CF as visually unobtrusive as possible, e.g., painting antennas and
equipment, and meet the following:
1. All pole-mounted components of the CF shall be located on or
within an existing utility pole serving another utility;
2. To the extent reasonably feasible, the CF shall be consistent with
the size and shape of pole-mounted equipment installed by
telecommunication providers on utility poles near the CF; and
-16-
3. The CF shall be sized to minimize the negative aesthetic impacts to
the public highway, and designed and constructed to resemble structures
typically found in the area.
b. Related Accessory Equipment. Transmission equipment, other than
antennae, sited in a pubic highway must comply with § 23-174.
Sec. 23-177. - Application, review procedures and requirements.
(a) Small cell facilities. Small cell facilities shall be a permitted use by right in all zoning
districts, and permits shall be issued pursuant to this Article.
(b) Submittal Required. No new CF shall be constructed and no collocation or modification
to any CF may occur except after a written request from an applicant, reviewed and approved by
the Engineer and issuance of an encroachment permit in accordance with this Article.
(c) Consolidated applications and collocation.
(1) A single permit may be issued for siting and collocating multiple small cell
facilities spaced to provide wireless coverage in a contiguous area, provided all
associated equipment is underground, or attached to or inside an existing structure that
provides required clearances for the CFs’ operation without the necessity of constructing
any apparatus to extend an antenna more than five (5) feet above the existing structure.
(2) Additional site-specific reviews are required when the applicant proposes a new
vertical support structure or above-ground accessory equipment, pursuant to subsection
(d)(2) and (3).
(3) If any support structure must be constructed to achieve needed elevation or if an
attachment adds more than ten (10) feet or ten percent (10%) to the height of an existing
structure, the proposal is subject to additional review, as described in § 23-176 (c)(1)b.
The height limitation applies to cumulative increases and includes in the measurement
any height additions previously approved under this Section.
(d) Submittal requirements and review procedures for collocation and small cell facilities.
CF permit applications shall be reviewed pursuant to the following procedures:
(1) Elements. A complete application for a permit under this Article must include the
following:
a. Application form, as provided by the Engineer;
b. Executed master license agreement or letter of authorization,
-17-
c. Statement made under penalty of perjury by the applicant or the CF
owner, representing that all CFs that are the subject of the application shall
comply with federal standards for radio frequency emissions.
d. Signal interference letter signed under penalty of perjury by the applicant
or CF owner, representing that all CFs covered by the application shall be
designed, sited and operated in accordance with applicable federal regulations
addressing radio frequency interference, and as otherwise described in § 23-175
(c);
e. Submittal fees;
f. Scaled site plan, photo simulation, scaled elevation view and supporting
drawings, calculations, showing the location and dimension of all improvements,
including information concerning topography, tower height, setbacks, drives,
parking, street trees, adjacent uses, drainage;
g. Narrative for each new installation proposed in a residential zone district
or within one hundred fifty (150) feet of an existing residential lot; and
h. Proof of bonding and insurance satisfying the requirements of § 23-19 for
any CF installation that entails excavation of a public highway.
i. Other information reasonably deemed by the Engineer to be necessary to
assess compliance with this Article. Documents requiring signatures and seals by
appropriate qualified professionals shall be provided by applicant prior to
issuance of a permit under this Article.
(2) Structural Assessment. Prior to issuance of a CF permit for any CF proposing a
new pole or attachment to a non-city-owned structure, the applicant shall submit a
stamped and signed structural assessment for each new proposed CF host support
structure conducted by a professional engineer, licensed in the State of Colorado.
a. When the structural assessment indicates a need for a stronger structure to
address issues such as wind load factor, applicant shall provide a replacement
structure at applicant’s cost satisfactory to the Engineer in consultation with Fort
Collins Utilities, as applicable.
b. All costs for conducting an assessment under this subsection (3) shall be
borne by the applicant, and shall be paid by the applicant prior to issuance of a
permit under this Article.
(3) New structures. All applications for new vertical structures associated with a CF
in a public highway shall demonstrate that other alternative siting options, including
collocations, are not reasonably feasible. Notwithstanding anything in this Article to the
-18-
contrary, all structures located in a public highway shall satisfy the location and design
criteria set forth in §§ 23-174 and 23-176.
(4) Decision. Except for eligible facilities requests, within ninety (90) days of the
date on which the Engineer deems an application is complete, the Engineer shall render a
decision to issue or deny a CF permit. Any decision to approve, approve with conditions,
or deny an application for a CF permit, shall be in writing and supported by substantial
evidence in a written record. The Engineer shall cause a copy of the decision to be
provided to the applicant. The foregoing shall apply only to applications for CF permits
under this Article and shall not apply to any building, excavation, or any other permit
issued pursuant to or required by other Articles of this Code.
(e) Submittal requirements and review procedures for eligible facilities requests.
(1) Application. The City shall prepare, and from time to time revise and make
publicly available, an application form which shall be limited to the information
necessary for the Engineer to consider whether an application is an eligible facilities
request. Such information may include, without limitation, whether the project:
a. Results in a substantial change; or
b. Violates a generally applicable law, regulations, or other rule codifying
objective standards reasonably related to public health and safety.
The application may not require the applicant to demonstrate a need or business case for
the proposed modification or collocation.
(2) Type of Review. Upon receipt of an application for an eligible facilities request
pursuant to this Section, the Engineer shall review such application to determine whether
the application so qualifies.
(3) Timeframe for review. Subject to the tolling provisions of subsection (4) c.
below, within sixty (60) days of the date on which an applicant submits a complete
application under this Section, the Engineer shall act on the application unless he or she
determines the application is not covered by this subsection.
(4) Tolling of the timeframe for review. The 60-day review period begins to run
when the application is filed, and may be tolled only by agreement of the Engineer and
applicant, or in cases where the Engineer determines the application is incomplete:
a. To toll the timeframe for incompleteness, the City must provide written
notice to the applicant within thirty (30) days of receipt of the application,
specifically delineating all missing documents or information required in the
application;
-19-
b. The timeframe for review begins running again when the applicant makes
a supplemental written submission in response to the City’s notice of
incompleteness; and
c. Following a supplemental submission, the City will notify the applicant
within ten (10) days that the supplemental submission did not provide the
information identified in the original notice delineating missing information. The
timeframe is tolled in the case of second or subsequent notices pursuant to the
procedures identified in subsection (4) a. In the case of a second or subsequent
notice of incompleteness, the City is not required to specify missing information
or documents that were not delineated in the original notice of incompleteness.
(5) Failure to act. In the event the Engineer fails to act on a request seeking approval
for an eligible facilities request within the timeframe for review (accounting for any
tolling), the request shall be deemed granted. In such event, the grant becomes effective
when the applicant notifies the City in writing after the review period has expired
(accounting for any tolling) that the application has been deemed granted.
(6) Interaction with Telecommunications Act 47 U.S.C. § 332(c)(7). If the Engineer
determines the applicant’s request is not an eligible facilities request as defined in this
Article, the presumptively reasonable timeframe under 47 U.S.C. § 332(c)(7), as
prescribed FCC Order 14-153, part VI (“Shot Clock” order), will begin to run from the
issuance of the Engineer’s decision that the application is not a covered request. To the
extent such information is necessary, the Engineer may request additional information
from the applicant to evaluate the application under 47 U.S.C. § 332(c)(7) reviews.
(f) Abandonment and removal. Unless otherwise provided in a master license agreement,
prior to approval, the applicant shall submit affidavits acknowledging responsibility for removal
of a CF that is abandoned or is unused for a period of six (6) months, pursuant to § 23-175 (f).
Sec. 23-178. - Standards for approval.
(a) Administrative approval. An applicant for a CF permit shall be subject to administrative
review and determination as to whether it may be approved under the applicable standards set
forth in §§ 23-174 through 177.
(b) Notwithstanding the approval of an application for collocation or a new non-city-owned
structure as described herein, all work performed on CFs must be completed in accordance with
applicable building and safety requirements of the City.
Section 4. That Sections 23-179 through 23-185 of Chapter 23, Article VII shall
remain reserved.
Section 5. That the temporary moratorium established under Ordinance No. 105,
2017 shall terminate upon the effective date of this Ordinance.
-20-
Introduced, considered favorably on first reading, and ordered published this 21st day of
November, A.D. 2017, and to be presented for final passage on the 5th day of December, A.D.
2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 5th day of December, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
-1-
ORDINANCE NO. 144, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ARTICLES 3 AND 5 OF THE LAND USE CODE
REGARDING SMALL CELL FACILITIES
WHEREAS, on December 2, 1997, by its adoption of Ordinance No. 190, 1997, the City
Council enacted the Fort Collins Land Use Code (the "Land Use Code"); and
WHEREAS, at the time of the adoption of the Land Use Code, it was the understanding
of staff and the City Council that the Land Use Code would most likely be subject to future
amendments, not only for the purpose of clarification and correction of errors, but also for the
purpose of ensuring that the Land Use Code remains a dynamic document capable of responding
to issues identified by staff, other land use professionals and citizens of the City; and
WHEREAS, during the 2017 legislative session, the Colorado General Assembly passed
and the Governor signed into law HB17-1193, which expands access to public rights-of-way and
City-owned infrastructure in the rights-of-way for placement of small cell wireless
communication facilities, and makes such facilities a use by right in all zone districts; and
WHEREAS, notwithstanding the expanded access to municipal rights-of-way and City-
owned infrastructure in such rights-of-way for small cell wireless communication facilities,
HB17-1193 also preserves the local government's right to exercise police powers to regulate the
placement of such facilities, subject to certain limitations; and
WHEREAS, HB17-1193 became effective on July 1, 2017; and
WHEREAS, in addition to the Land Use Code amendments proposed herein, Council is
concurrently considering City Code amendments regarding the review of small cell wireless
communications facilities proposed to be placed in public rights-of-way; and
WHEREAS, the proposed Land Use Code amendments specify that the review of small
cell wireless communications facilities located principally in public rights-of-way are addressed
through the proposed City Code regulations; and
WHEREAS, the proposed Land Use Code amendments are in the best interest of the
citizens of Fort Collins.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 3.8.13 of the Land Use Code is hereby amended to read as
follows:
-2-
3.8.13 - Wireless Telecommunication
. . .
(D) The regulations contained in this Section shall not apply to the installation, operation,
maintenance, or upgrade of a small cell facility by a telecommunications provider
principally located within a public highway as the terms small cell facility,
telecommunications provider, and public highway are defined in Section 38-5.5-102,
C.R.S. The regulation of such activities is addressed in Chapter 23 of the Code of the
City of Fort Collins.
Section 3. That the definition of “Development” contained in Section 5.1.2 of the
Land Use Code is hereby amended to read as follows:
Development shall mean the carrying out of any building activity or mining operation, the
making of any material change in the use or appearance of any structure or land, or,
except as is authorized in Section 1.4.7, the dividing of land into two (2) or more parcels.
. . .
(2) Development shall not include:
(g) the installation, operation, maintenance, or upgrade of a small cell or
broadband facility by a telecommunications provider principally located
within a public highway as the terms small cell facility,
telecommunications provider, and public highway are defined in Section
38-5.5-102, C.R.S. The regulation of such activities is addressed in
Chapter 23 of the Code of the City of Fort Collins.
. . .
Introduced, considered favorably on first reading, and ordered published this 21st day of
November, A.D. 2017, and to be presented for final passage on the 5th day of December, A.D.
2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
-3-
Passed and adopted on final reading on the 5th day of December, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk