HomeMy WebLinkAbout011 - 02/07/2023 - AMENDING THE FORT COLLINS LAND USE CODE TO UPDATE STANDARDS FOR WIRELESS COMMUNICATIONS FACILITIES C ORDINANCE NO. 011, 2023
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE FORT COLLINS LAND USE CODE TO UPDATE STANDARDS FOR
WIRELESS COMMUNICATIONS FACILITIES CONSISTENT WITH THE WIRELESS
TELECOMMUNICATIONS MASTER PLAN
WHEREAS, the City of Fort Collins, as a home-rule municipality, is authorized by Article
XX, Section 6 of the Colorado Constitution, the provisions of state statutes, and its City Charter to
develop and implement policies and ordinances regulating the development of land within the
City; and
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, 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"), including divisions
applicable to wireless telecommunication facilities and equipment; and
WHEREAS, when enacting the Land Use Code, staff and the City Council anticipated that
the 1997 Land Use Code would be subject to future amendments for the purpose of clarification
and correction of errors, and to ensure the Land Use Code remained a dynamic document capable
of responding to issues identified by staff, other land use professionals and citizens of the City;
and
WHEREAS, between June 2000 and December 2017, the City Council adopted a series
of amendments to the 1997 Land Use Code requirements for wireless telecommunication
facilities and equipment, including in Ordinance No. 144, 2017, which conformed the City's
review of applications for small cell telecommunications facilities located in public rights-of-way
with statutory changes adopted by the Colorado General Assembly under HB 17- 1193; and
WHEREAS, in 2017, in response to Federal Communication Commission (FCC)
rulemaking and state statutory revisions enacted in 2017 and 2018 affecting local control over
wireless communication facilities, the City Council adopted Ordinance No. 143, 2017, adding
Chapter 23, Article VII of the City Code to create a permitting process for small cell
telecommunication facilities located in public highways; and
WHEREAS, in 2018, the City Council also appropriated $50,000 in the 2019-2020 budget
to fund the completion of a Wireless Telecommunications Master Plan to establish a framework
for City wireless communication land use regulations and permitting practices; and
WHEREAS, between 2018 and 2020, additional FCC rulemaking and federal appellate
decisions interpreting the federal Telecommunications Act of 1996 and the Middle-Class Tax
Relief and Job Creation Act of 2012, imposed further requirements on local government review
of land use applications for wireless communications facilities; and
WHEREAS, in 2020, City Planning staff began a formal process to develop a Wireless
Telecommunications Master Plan, including engaging consultants and a technical advisory
committee, and conducting a series of neighborhood meetings; and
WHEREAS, on October 19, 2021, the City Council adopted Ordinance No. 130, 2021,
approving the Wireless Telecommunications Master Plan (the "Plan") as an element of the City
Plan to guide City land use and public highway access regulations for wireless communication
facilities; and
WHEREAS, during a work session held on January 25, 2022, City Council directed staff
to develop recommended ways to revise existing wireless communication facility design standards
in furtherance of the Plan; and
WHEREAS, thereafter, staff reviewed existing FCC regulations, consulted with industry
and community stakeholders, and identified revisions to the City Code and Land Use Code to
further align City regulations with Council's direction; and
WHEREAS, staff identified changes to City wireless communication facility regulations
in the Land Use Code which are needed for the purpose of clarification and to ensure 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, the City Manager and staff recommend to the City Council the following
additions and revisions to the Land Use Code applicable to review of development applications
for wireless communication facilities; 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, based on the foregoing, it is the desire of the City Council to amend the Land
Use Code to align wireless communication facility application review with the Plan.
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 3.4.2(B)(1)(e) of the Land Use Code is hereby amended to read
as follows:
3.4.2 Air Quality
(B) Setbacks From Domestic Wastewater Treatment Works to Habitable Structures.
(1) Unless specifically authorized pursuant to the provisions of paragraph (C)
below, the minimum horizontal distances set forth in subparagraph (2) of
this Subsection shall be maintained between the various kinds of wastewater
treatment works listed in said subparagraph and any of the following uses:
(e) any accessory/miscellaneous uses except agricultural activities,
farm animals, satellite dishes (greater than thirty-nine [39] inches in
diameter), and wireless communication facilities.
Section 3. That Section 3.8.13 of the Land Use Code is hereby amended to read as
follows:
3.8.13 Wireless Communication
(A) Applicability and Exemptions. The provisions of this Section shall apply to any
Wireless Communications Facility (WCF) within the City. The requirements set
forth in this Section shall not apply to:
(1) Antennas or towers used by FCC-licensed amateur (ham) radio operators.
(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 (S) 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 Director 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 WCFs located
on City-owned property and/or public rights-of-way, and any government-owned
WCF 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.
(4) Over the Air Reception Devices (OTARD) antennas and associated masts.
The Director may approve modifications to the height restriction related to OTARD
antennas and OTARD antenna structures, if in the reasonable discretion of the
Engineer, modifications are necessary to comply with federal law.
(5) A facility entirely enclosed within a permitted building where the
installation does not require a modification of the exterior of the building; nor a
device attached to a building, used for serving that building only and that is
otherwise permitted under other provisions of this Code.
(B) Location. Subject to the requirements of paragraph (3) of this Section, WCFs may
be attached to or mounted on any existing building or structure (or substantially
similar replacement structure) located in any zone district of the city. With the
exception of OTARD, and associated masts, WCFs shall not be permitted to be
attached to or mounted on any residential building containing four (4) or fewer
dwelling units.
(C) Cooperative Collocation. No WCF or equipment owner or lessee or employee
thereof shall act to exclude or attempt to exclude any other wireless communication
provider from using the same building, structure or location. WCF or equipment
owners or lessees or employees thereof, and applicants for the approval of plans for
the installation of such facilities or equipment, shall cooperate in good faith to
achieve co-location of WCFs and equipment. Any application for the approval of a
plan for the installation of WCFs or equipment shall include documentation of the
applicant's good faith efforts toward such cooperation.
(D) Standards.
(1) Setbacks. With respect to a WCF that is a tower or a monopole, the setback
of the facility from the property lines shall be one (1) foot for every foot of
height. However, to the extent that it can be demonstrated that the structure
will collapse rather than topple, this requirement can be waived by the
Director. In addition, the setbacks for ground-mounted wireless
communication equipment shall be governed by the setback criteria
established in this Code.
Collocated WCFs in the R-U-L zone district shall be setback from the center
line I-25 of Carpenter Road a distance of at least one thousand three hundred
twenty (1,320) feet (one-quarter (1/a)mile).
(2) WCFs. All WCFs shall be consistent with the architectural style of the
surrounding architectural environment (planned or existing) considering
exterior materials, roof form., scale,mass,color, texture and character. Such
facilities shall also be compatible with the surrounding natural environment
considering land forms, topography, and other natural features. If such
facility is an accessory use to an existing use,the facility shall be constructed
out of materials that are equal to or better than the materials of the principal
use.
(3) WCFs in Residential Zone Districts. Non-collocated WCFs permitted in the
following zone districts: U-E, R-L, L-M-N, M-M-N, and H-M-N, as
specified in Article 4 - Districts must be located on a non-residential parcel
and installation must be mitigated by use of concealment design techniques
and compatibility standards.
(4) Collocated or attached WCFs. Collocated or attached WCFs shall be of the
same color as the building or structure to which or on which such equipment
is mounted.
Whenever a wireless telecommunication antenna is attached to a building
roof, the height of the antenna shall not be more than fifteen (1 S) feet over
the height of the building. All WCF equipment shall be located as far from
the edge of the roof as is feasible. Even if the building is constructed at or
above the building height limitations contained in other sections of this
Code, the additional fifteen (15) feet is permissible.
Whenever WCFs are mounted to the wall of a building or structure, the
equipment shall be mounted in a configuration as flush to the wall as
feasible and shall not project above the wall on which it is mounted. Such
equipment shall, to the extent feasible, also feature the smallest and most
discreet components that the technology will allow so as to have the least
possible impact on the architectural character and overall aesthetics of the
building or structure.
Roof and ground-mounted WCFs shall be screened by parapet walls or
screen walls in a manner compatible with the building's design, color and
material.
(5) Landscaping. WCFs and related transmission equipment may need to be
landscaped with landscaping materials that exceed the levels established in
Section 3.2.1, due to the unique nature of such facilities. Landscaping may
therefore be required to achieve a total screening effect at the base of such
facilities or equipment to screen the mechanical characteristics. A heavy
emphasis on coniferous plants for year-round screening may be required.
If a WCF and related transmission equipment has frontage on a public street,
street trees shall be planted along the roadway in accordance with the
policies of the City Forester.
(6) Fencing. Chain link fencing shall be unacceptable to screen facilities.
Fencing material shall consist of wood,masonry, stucco or other acceptable
materials and be opaque. Fencing shall not exceed six (6) feet in height.
(7) Berming. Berms shall be considered as an acceptable screening device.
Berms shall feature slopes that allow mowing, irrigation and maintenance.
(8) Irrigation. Landscaping and berming shall be equipped with automatic
irrigation systems meeting the water conservation standards of the City.
(9) Color. All WCFs and related transmission equipment shall be painted to
match to the extent feasible the color and texture of the wall, building or
surrounding built environment. Muted colors, earth tones and subdued
colors shall be used.
(10) Lighting. The light source for security lighting shall comply with the
requirements of Subsection 3.2.4. Light fixtures, whether freestanding or
tower-mounted, shall not exceed twenty-two (22) feet in height.
(11) Interference. Wireless telecommunication facilities and equipment shall
operate in such a manner so as not to cause interference with other
electronics such as radios, televisions or computers, and otherwise in
compliance with applicable federal standards for avoiding signal
interference. An applicant shall provide a written statement ("Signal
Interference Letter") from a qualified radio frequency engineer, certifying
that a technical evaluation of existing and proposed facilities indicates no
potential interference problems.
(12) Radio frequency standards. All WCFs shall comply with federal standards
for radio frequency emissions. An applicant shall provide a written
statement ("Emission Standards Letter") from a qualified radio frequency
engineer, certifying that a technical evaluation of existing and proposed
facilities indicates no potential emissions in excess of federal radio
frequency standards.
(13) Access Roadways. Access roads must be capable of supporting all of the
emergency response equipment of the Poudre Fire Authority.
(14) Foothills and Hogbacks. Applicants for WCFs and related transmission
equipment in or near the foothills bear a special responsibility for mitigating
visual disruption. If such a location is selected, the applicant shall provide
computerized, three-dimensional, visual simulation of the facility or
equipment and other appropriate graphics to demonstrate the visual impact
on the view of the city's foothills and hogbacks.
(15) Airports and Flight Paths. WCFs and related transmission equipment shall
comply with Federal Aviation Administration (FAA) requirements and
obtain the necessary approvals from the FAA.
(16) Historic Sites and Structures. WCFs and related transmission equipment
shall not be located on any historic site or structure unless permission is first
obtained from the city's Historic Preservation Commission as required by
Chapter 14 of the City Code.
(17) Concealment Required. All WCFs shall, to the extent feasible, use
concealment design techniques, and when not feasible utilize camouflage
design techniques.
(1 S) Compatibility Required.
(a) Purpose. The purpose of this Section is to ensure that proposed
WCFs are compatible with the surrounding context by ensuring that:
1. New or existing WCFs do not adversely impact the visual
character* of the community within the area of adjacency;
and
2. The design of WCFs are compatible and contextually
appropriate with the built or natural environment
surrounding a proposed wireless communication site.
(b) To accomplish its purpose, this Section provides the standards for
design compatibility of WCFs with the existing context within the
delineated area of adjacency surrounding a proposed WCF site.
.i, For the purposes of this Section, character is defined as special
physical characteristics of a structure or area that set it apart from its
surroundings and contribute to its individuality.This can include but
is not limited to the built environment, landscaping, natural features
and open space, and types and styles of building architecture.
(c) WCF Site and Area of Adjacency.
As used in this Section, the area of adjacency shall mean an area
measured radially from the center point of the WCF. Any element
of a lot or parcel of property shall be considered within the area of
adjacency if any portion of such lot or parcel is within the boundary.
The limits of the boundary shall be based on the following
calculation:
The overall height (from grade to highest point of the proposed
facility) of the proposed WCF multiplied by five (5).
In the event that the area of adjacency is absent of an established
visual character the WCF shall be designed in such a way that most
closely relates to the landscape, historic, or future potential use of
land.
(d) Design Standards for a Proposed WCF.
Proposed WCFs and equipment shall mimic the height and
appearance of structures or natural elements appropriate to the
context in a way that protects and enhances the character of the area
both on the development site and within the area of adjacency. The
Table 1 requirements shall apply to the development of facilities on
the development site as follows:
Table 1 — Standards for Compatibility on the Development Site and Within the Area of Adjacency
Purpose Standards for Compatibility on the Development Site and Within the
Area of Adjacency
New or modified WCFs shall use concealment, and when not feasible,
camouflage that reflects the character of the area of adjacency. The overall
height and mass of a facility or equipment established under these standards
are the maximum height that if any greater, would otherwise defeat
concealment.
Height and
Mass of WCFs 1, Height. New or modified WCFs shall not exceed 15 feet or 15%,
whichever is less, of the average height of buildings or landscape within the
area of adjacency. If a lot containing a residential land use falls within or
abuts the area of adjacency, the maximum height of the facility shall not
exceed forty-five (45) feet.
2. Massing. All WCFs shall mimic the mass (height and width) in a way
that is subordinate to the natural environment or built environment found
within the area of adjacency.
Create visual and contextual connection between WCFs colors and materials
with those found in the surrounding area.
New or modified WCFs shall utilize, to the extent feasible, the following
Materials for elements found within the area of adjacency to inform their concealment
WCFs techniques:
a) Architectural style
b) Building materiality
c) Color
d) Tree species
e) Structures that are related to the primary use of the site
o the extent feasible, new WCFs and related transmission equipment shall
utilize industry best practices and the latest technology available to achieve
Technology for concealment and compatibility with the context.
Facilities
Such facilities or shall feature the smallest and most discreet components that
the technology will allow so as to have the least possible impact on the
character and overall aesthetics of the area of adjacency.
(E) 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. The regulation of such activities is
addressed in Chapter 23 of the Code of the City of Fort Collins, and design standards for
small cell facilities are addressed in the City's Small Cell Handbook as may be amended
from time to time.
(F) Review Procedures and Requirements.
(1) General. No new WCF shall be constructed and no collocation or
modification to any WCF may occur except after a written request from an
applicant, reviewed and approved by the City in accordance with this
Section. All WCFs shall comply with the zone district use standards and
land use application processes identified in Article 4.
(2) Application Requirements. All applications for WCFs shall include:
(a) Application form as provided by the Director.
(b) If the applicant is not the owner of the property or structure to which
the WCF is to be attached, an executed Letter of Authorization from
the landowner.
(c) A report, signed and sealed by a professional engineer in the State of
Colorado, or a verified statement from a qualified radio frequency
engineer, demonstrating or assuring that the site will be in full
compliance with federal radio-frequency emissions standards for
WCFs.
(d) A signal interference certification bearing the seal and signature of a
professional engineer in the State of Colorado, representing that all
WCFs covered by the application shall be designed, sited and
operated in accordance with applicable federal signal 'interference
requirements.
(e) Submittal fees.
(f) Scaled site plan, photo simulation, scaled elevation view and
supporting drawings, calculations, showing the Iocation and
dimension of all improvements, including information concerning
topography, tower and where applicable, structure height, setbacks,
drives, parking, street trees, adjacent uses, drainage.
(g) Narrative detailing the rationale for the proposed location.
(h) Other information reasonably deemed by the Director to be
necessary to assess compliance with this Section. Documents
requiring signatures and seals by appropriate qualified professionals
shall be provided by applicant prior to issuance of a permit under
this Section.
(3) Structural Assessment. Prior to issuance of a WCF permit for any WCF
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 WCF 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
Director 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 Section.
(4) New Structures. All applications for new vertical structures associated with
a WCF shall demonstrate that other alternative siting options, including
collocations, are not feasible. Notwithstanding anything in this Section to
the contrary, all WCFs and associated vertical structures located within the
City shall satisfy the location and design criteria set forth in subsections(B)-
(D) above.
(G) Timeframes for Review.
(1) Application types. All WCFs, other than those specified below in
subsection (c) shall be reviewed according to the following timeframes:
(a) Review of a completed application to collocate a facility other than
a small cell facility on an existing tower or base station: 90 days.
(b) Review of an application to deploy a WCF other than a small cell
facility on a new structure: 150 days.
(c) Review of an application for a new tower,base station, or alternative
tower structure that does not qualify as a small cell facility: 150
days.
(2) Tolling the Timeframe for Review. The relevant review timeframe begins
to run when the application is filed with the City, and may be tolled only by
mutual agreement or where the City determines that an application is
incomplete.
(a) To toll the timeframe for incompleteness, the City shall provide
written notice to the applicant within thirty (30) calendar days of
receipt of the application, specifically delineating all missing
documents or information required in the application;
(b) Upon providing the notice of incompleteness to the applicant, the
timeframe for review pauses. 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) business days whether 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 subparagraphs(a) and(b)of this subsection. In the case
of a second or subsequent notice of incompleteness, the City may
not specify missing documents or information that were not
delineated in the original notice of incompleteness.
(3) Specific Review Procedures for Eligible Facility Requests.
(a) EFR standards. The City shall prepare, and from time to time revise
and make available, an application form requiring the information
necessary for the City to consider whether the project covered by an
application would:
1. result in a Substantial Change to the physical dimensions of
the site; and
2. violate a generally applicable law, regulation, or other rule
reasonably related to public health and safety.
The application shall not require an applicant to demonstrate a need or
business case for the proposed modification or collocation.
(b) Timeframe for EFR review. Subject to the tolling provisions below,
an eligible facility request shall be approved within sixty (60) days
of the date of the request unless it the City determines that it does
not qualify as an eligible facilities request. Upon receipt of an
application for an eligible facility request pursuant to this
subsection, the City shall review such application to determine
whether the application so qualifies.
(c) TolIing the timeframe for EFR review.
1. The sixty (60) calendar day review period begins to run
when the application is filed with the City, and may be tolled
only by mutual agreement or where the City determines that
an application is incomplete:
a. To toll the timeframe for incompleteness, the City
must provide written notice to the applicant within thirty Q0)
calendar days of receipt of the application, specifically
delineating all missing documents or information required in
the application;
b. Upon notice of incompleteness to the applicant, the
timeframe for review pauses. 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) business days whether
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
subparagraphs (A) and (B) of this subsection. In the case of
a second or subsequent notice of incompleteness, the City
may not specify missing documents or information that were
not delineated in the original notice of incompleteness.
2. If the City fails to approve or deny an eligible facility request
within the time frame for review(accounting for any tolling),
the request shall be deemed granted; provided that this
approval shall become effective only upon the City's receipt
of written notification from the applicant after the review
period has expired (accounting for any tolling) indicating
that the application has been deemed granted.
(d) Interaction with Telecommunications Act 47 U.S.C. Section
332(c)(7). If the City determines that the applicant's request is not
an eligible facilities request as delineated in this subsection, the
applicant shall be advised as to the relevant provisions of the City
Code that govern the process to consider the request, and whether
the Code requires any additional information to be submitted in
order for the request to be considered complete. If the applicant
subsequently indicates an intent for the proposal to be considered
under the relevant section of the City Code and submits all required
information, the presumptively reasonable timeframe under Section
332(c)(7), as set forth in applicable federal and state law will begin
to run from submittal of the required information under the
applicable provision of this Code.
Section 4. That Section 3.9.9 of the Land Use Code is hereby amended to read as
follows:
3.9.9 Wireless Telecommunication
(A) Location. Wireless communication facilities shall not be permitted within one
thousand four hundred forty-five (1,445) feet of the centerline of I-25.
(B) Height. Wireless communication facilities shall not exceed the maximum height
allowed for a structure as specified in the Land Use Standards of the underlying
zone district.
Section 5. That Section 4.1(B)(1)(a)6. of the Land Use Code is hereby amended to read
as follows:
Division 4.1—Rural Lands District (R-U-L)
6. Wireless communication facilities, collocated, unless
located within one thousand three hundred twenty (1,320)
feet (one-quarter ('/a) mile) of the centerline of either I-25 or
Carpenter Road.
Section 6. That Section 4.2(B)(1)(a)6. of the Land Use Code is hereby amended to
read as follows:
Division 4.2—Urban Estate District (U-E)
6. Wireless communication facilities, collocated.
Section 7. That Section 4.2(B)(3)(e) of the Land Use Code is hereby amended to read
as follows:
Division 4.2—Urban Estate District (U-E)
(e) Accessory/Miscellaneous Uses:
1. Accessory buildings containing more than two thousand five
hundred (2,500) square feet or floor area.
2. Wireless communication facilities.*
* Wireless communication facilities must be located on a
non-residential parcel and installation must be mitigated by
use of concealment techniques such as steeples, bell towers,
grain silos, or similar means of disguising the appearance of
the facilities to mitigate its visual impacts.
Section S. That Section 4.3(B)(1)(a)5. of the Land Use Code is hereby amended to
read as follows:
Division 4.3 —Residential Foothills District (R-F)
5. Wireless communication facilities, collocated.
Section 9. That Section 4.4(B)(1)(b)5. of the Land Use Code is hereby amended to
read as follows:
Division 4.4—Low Density Residential District (R-L)
5. Wireless communication facilities, collocated.
Section 10. That Section 4.4(B)(3)(e)l. of the Land Use Code is hereby amended to
read as follows:
Division 4.4—Low Density Residential District (R-L)
1. Wireless communication facilities.*
* Wireless communication facilities must be located on a
non-residential parcel and installation must be mitigated by
use of concealment techniques such as steeples, bell towers,
grain silos, or similar means of disguising the appearance of
the facilities to mitigate its visual impacts.
Section 11. That Section 4.4(D)(4) of the Land Use Code is hereby deleted in its
entirety.
Section 12. That Section 4.5(B)(1)(a)5. of the Land Use Code is hereby amended to
read as follows:
Division 4.5 —Low Density Mixed-Use Neighborhood District (L-M-N)
5. Wireless communication facilities, collocated.
Section 13. That Section 4.5(B)(3) of the Land Use Code is hereby amended by the
addition of a new paragraph (f) which reads in its entirety as follows:
Division 4.4—Low Density Residential District (R-L)
(f) Accessory/Miscellaneous Uses:
1. Wireless communication facilities."`
'J° Wireless communication facilities must be located on a
non-residential parcel and installation must be mitigated by
use of concealment techniques such as steeples, bell towers,
grain silos, or similar means of disguising the appearance of
the facilities to mitigate its visual impacts.
Section 14. That Section 4.6(B)(1)(a)5. of the Land Use Code is hereby amended to
read as follows:
Division 4.6 —Medium Density Mixed-Use Neighborhood District (M-M-N)
5. Wireless communication facilities, collocated.
Section 15. That Section 4.6(B)(3) of the Land Use Code is hereby amended by the
addition of a new paragraph (e) which reads in its entirety as follows:
Division 4.6—Medium Density Mixed-Use Neighborhood District(M-M-N)
(e) Accessory/Miscellaneous Uses:
1. Wireless communication facilities.*
* Wireless communication facilities must be located on a
non-residential parcel and installation must be mitigated by
use of concealment techniques such as steeples, bell towers,
grain silos, or similar means of disguising the appearance of
the facilities to mitigate its visual impacts.
Section 16. That Section 4.7(B)(1)(b)6, of the Land Use Code is hereby amended to
read as follows:
Division 4.7—Neighborhood Conservation, Low Density District (N-C-L)
6. Wireless communication facilities, collocated.
Section 17. That Section 4.8(B)(1)(d)6. of the Land Use Code is hereby amended to
read as follows:
Division 4.8 —Neighborhood Conservation, Medium Density District
6. Wireless communication facilities, collocated.
Section 18. That Section 4.9(B)(1)(d)6. of the Land Use Code is hereby amended to
read as follows:
Division 4.9 —Neighborhood Conservation, Buffer District (N-C-B)
6. Wireless communication facilities, collocated.
Section 19. That Section 4.10(B)(1)(a)4. of the Land Use Code is hereby amended to
read as follows:
Division 4.6 —Medium Density Mixed-Use Neighborhood District (M-M-N)
4. Wireless communication facilities, collocated.
Section 20. That Section 4.10 (B)(3) of the Land Use Code is hereby amended by the
addition of a new paragraph (e) which reads in its entirety as follows:
Division 4.6 —Medium Density Mixed-Use Neighborhood District (M-M-N)
(e) Accessory/Miscellaneous Uses:
1. Wireless communication facilities.`
* Wireless communication facilities must be located on a
non-residential parcel and installation must be mitigated by
use of concealment techniques such as steeples, bell towers,
grain silos, or similar means of disguising the appearance of
the facilities to mitigate its visual impacts.
Section 21. That Section 4.1l(B)(1)(b)4. of the Land Use Code is hereby amended to
read as follows:
Division 4.11 —Manufactured Housing District (M-H)
4. Wireless communication facilities, collocated.
Section 22. That Section 4.13(B)(1)(a)5. of the Land Use Code is hereby amended to
read as follows:
Division 4.13—Public Open Lands District (P-O-L)
5. Wireless communication facilities, collocated.
Section 23. That Section 4.13(B)(2)(c)2. of the Land Use Code is hereby amended to
read as follows:
Division 4.13--Public Open Lands District (P-O-L)
2. Wireless communication facilities.
Section 24. That Section 4.14(B)(1)(a)5. of the Land Use Code is hereby amended to
read as follows:
Division 4.14—River Conservation District (R-C)
5. Wireless communication facilities, collocated.
Section 25. That the table contained in Section 4.16(F)(2) of the Land Use Code is
hereby amended to read as follows:
Division 4.16—Downtown District (D)
Land Use Historic Canyon Innovation/River River Campus Entryway
Core Avenue/Civic/North Corridor North Corridor
Mason
Wireless Type 1 Type ] Type 1 Not Type 1 Type 1
communication Permitted
facilities,
collocated
Wireless Type 2 Type 2 Type 2 Not Type 2 Type 2
communication Permitted
facilities
Section 26. That Section 4.18(B)(1)(a)7. of the Land Use Code is hereby amended to
read as follows:
Division 4.18-- Community Commercial District (C-C)
7. Wireless communication facilities, collocated.
Section 27. That Section 4.18(B)(2)(e)2. of the Land Use Code is hereby amended to
read as follows:
Division 4.18— Community Commercial District (C-C)
2. Wireless communication facilities.
Section 28. That Section 4.19(B)(1)(a)7. of the Land Use Code is hereby amended to
read as follows:
Division 4.19— Community Commercial—North College District (C-C-N)
7. Wireless communication facilities, collocated.
Section 29. That Section 4.19(B)(2)(e)2. of the Land Use Code is hereby amended to
read as follows:
Division 4.19— Community Commercial—North College District (C-C-N)
2. Wireless communication facilities.
Section 30. That Section 4.20(B)(1)(a)7. of the Land Use Code is hereby amended to
read as follows:
Division 4.20— Community Commercial—Poudre River District (C-C-R)
7. Wireless communication facilities, collocated.
Section 31. That Section 4.20(B)(2)(e)1. of the Land Use Code is hereby amended to
read as follows:
Division 4.20— Community Commercial—Poudre River District (C-C-R)
1. Wireless communication facilities.
Section 32. That Section 4.21 (B)(1)(a)3. of the Land Use Code is hereby amended to
read as follows:
Division 4.21 —General Commercial District (C-G)
3. Wireless communication facilities, collocated.
Section 33. That the table contained in Section 4.21(B)(2) of the Land Use Code is
hereby amended to read as follows:
Division 4.21 — General Commercial District (C-G)
Land Use 1-251SH 392 (CAC) General Commercial District
(C-G)
E. ACCESSORY—MISC.
Wireless communication BDR BDR
facilities, collocated
Section 34. That Section 4.22(B)(1)(a)of the Land Use Code is hereby amended to read
as follows:
Division 4.22—Service Commercial District (C-S)
7. Wireless communication facilities, collocated.
S. Wireless communication facilities.
Section 35. That Section 4.22(B)(2)(e)2. of the Land Use Code is hereby deleted in its
entirety.
Section 36. That Section 4.23(B)(1)(a)7. of the Land Use Code is hereby amended to
read as follows:
Division 4.23—Neighborhood Commercial District (N-C)
7. Wireless communication facilities, collocated.
Section 37. That Section 4.23(B)(2)(e)2. of the Land Use Code is hereby amended to
read as follows:
Division 4.23--Neighborhood Commercial District (N-C)
2. Wireless communication facilities.
Section 38. That Section 4.24(B)(1)(a)3. of the Land Use Code is hereby amended to
read as follows:
Division 4.24—Limited Commercial District (C-L)
3. Wireless communication facilities, collocated.
Section 39. That the table contained in Section 4.24(B)(2) of the Land Use Code is
hereby amended to read as follows:
Division 4.24—Limited Commercial District (C-L)
Land Use Riverside Area All Other Areas
E. ACCESSORY—MISC.
Wireless communication BDR BDR
facilities, collocated
Wireless communication Type 1 Type 1
facilities
Section 40. That Section 4.26(B)(1)(a) of the Land Use Code is hereby amended to read
as follows:
Division 4.26—Harmony Corridor District (H-C)
7. Wireless communication facilities, collocated.
8. Wireless communication facilities.
Section 41. That Section 4.26(B)(2)(e)2. of the Land Use Code is hereby deleted in its
entirety.
Section 42. That Section 4.27 (13)(1)(a) of the Land Use Code is hereby amended to
read as follows:
Division 4.27—Employment District (E)
7. Wireless communication facilities, collocated.
8. Wireless communication facilities.
Section 43. That Section 4.27(B)(2)(e)2. of the Land Use Code is hereby deleted in its
entirety.
Section 44. That Section 4.28(B)(1)(a) of the Land Use Code is hereby amended to read
as follows:
Division 4.28—Industrial District (I)
7. Wireless communication facilities, collocated.
8. Wireless communication facilities.
Section 45. That Section 4.28(B)(2)(e)3. of the Land Use Code is hereby deleted in its
entirety.
Section 46. The Section 5.1.2 of the Land Use Code is hereby amended to read as
follows:
5.1.2 - Definitions.
The following words, terms and phrases, when used in this land use code, shall have the
meanings ascribed to them in this section:
" I
Antenna(s) shall have the meaning set forth in § 29-27-402, Colorado Revised Statutes.
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 (A) and (B) above.
Camouflage design techniques shall mean measures used in the design and siting of
wireless communications facilities with the intent to minimize or eliminate the visual
impact of such facilities to surrounding uses. A WCF 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,while still appearing
to some extent as a WCF. This definition does not include the use of concealment design
elements.
Collocation shall mean:
(1) For the purposes of eligible facilities requests, the mounting or installation of
transmission equipment on an eligible support structure for the purpose of
transmitting and/or receiving radio frequency signals for communications
purposes.
(2) For the purposes of other WCFs subject to presumptively reasonable time
frames set by the FCC, accounting for any tolling or extension, within which the
City generally must act pursuant to 47 U.S.C. Section 332, i.e. "shot clocks",
attachment of facilities to existing structures, regardless of whether the structure or
location has previously been zoned or otherwise approved for wireless facilities.
Concealment shall mean utilization of elements of stealth design in a facility so that the
facility looks like something other than a wireless tower or base station. Language such as
"stealth," "camouflage," or similar in any existing permit or other document required by
the City Code is included in this definition to the extent such permit or other document
reflects an intent at the time of approval to condition the site's approval on a design that
looks like something else. Concealment can further include a design which mimics and is
consistent with the nearby natural, or architectural features (such as an artificial tree), or is
incorporated into (including without limitation, being attached to the exterior of such
facility and painted to match it) or replaces existing permitted facilities (including without
limitation, stop signs or other traffic signs or freestanding light standards) so that the
presence of the WCF is not apparent. This definition does not include conditions that
merely minimize visual impact but do not incorporate concealment design elements so that
the facility looks like something other than a wireless tower or base station.
Eligible facilities request or EFR shall mean any request for modification of an existing
tower or base station that does not substantially change the physical dimensions of such
tower or base station involving: (i)collocation of new transmission equipment, (ii)removal
of transmission equipment, or (iii) replacement of transmission equipment. A request for
modification of an existing tower or base station that does not comply with the generally
applicable building, structural, electrical, and safety codes or with other laws codifying
objective standards reasonably related to health and safety, or does not comply with any
relevant federal requirements, is not an eligible facilities request.
Eligible support structure shall mean any tower or base station as defined in this Section,
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 Section 24-39 of the City Code.
Equipment Cabinets shall mean a structure used to house equipment used by service
providers at a WCF. This definition does not include relatively small electronic
components, such as remote radio units, radio transceivers, amplifiers, or other devices
mounted behind antennas, if they are not used as physical containers for smaller, distinct
devices.
Exists and Existing shall mean a constructed tower or base station that was reviewed,
approved, and lawfully constructed in accordance with all requirements of applicable law
as of the time of an eligible facilities request is received by the City, provided that 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.
Major public facilities shall mean structures or facilities, such as electrical generation
plants, water treatment plants, wastewater treatment plants, natural gas generation power
plants, railroad depots and transportation fleet maintenance facilities, that are generally
occupied by persons on a daily basis to conduct operations and that contain or involve
traffic-generating activities. Major public facilities include outdoor storage but shall not
include wireless communication facilities.
Minor public facilities shall mean structures or facilities, such as electrical generating and
switching stations, substations, underground vaults, poles, conduits, water and sewer lines,
pipes, pumping stations, natural gas pressure-reducing stations, repeaters, antennas,
transmitters and receivers, valves and stormwater detention ponds, that are not occupied
by persons on a daily basis except for periodic inspection and maintenance, are capable of
operation without daily oversight by personnel and do not generate daily traffic. Such
facilities also include similar structures for fire protection, emergency service, parks and
recreation and natural areas. Minor public facilities shall not include outdoor storage and
wireless communication facilities.
Over the air reception device or OTARD shall mean:
(1) An antenna that is designed to receive direct broadcast satellite service,
including direct-to-home satellite services, that is one (1) meter or less in diameter;
or
(2) An antenna that is designed to receive video programming services via
multipoint distribution services, including multichannel multipoint distribution
services, instruction television fixed services, and local multipoint distribution
services, and that is one (1) meter or less in diameter or diagonal measurement; or
(3) An antenna that is designed to receive television broadcast signals.
Public highway shall have the meaning set forth in § 38-5.5-102, Colorado Revised
Statutes.
Public utility shall mean a common carrier supplying electricity, wire telephone service,
natural gas, water, wastewater or stormwater service, railroads or similar public services,
but shall not include mass transit or railroad depots or terminals or any similar traffic-
generating activity, or any person or entity that provides communication services to the
public.
Rights-of-way shall mean any portion of a public highway dedicated to the City. Rights-of-
way shall not include (i)trails and(ii)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.
Site, for the purposes of Section 3.8.13 only, shall mean that area comprising the base of a
City-owned structure on which is mounted wireless communication equipment subject to
Article 3 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 Ieased or owned property and any access or utility
easements currently related thereto.
Small cell facility or SCF shall mean a WCF where each antenna is located inside an
enclosure of no more than three (3) cubic feet in volume, or, in the case of an antenna that
has exposed elements, the antenna and all of its exposed elements could fit within an
imaginary enclosure of no more than three (3) cubic feet, and primary equipment
enclosures are not Iarger 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.
Substantial change shall mean a modification which, after the modification of an eligible
support structure, the structure meets any of the following criteria:
(1) For towers, it increases the height of the tower by more than ten percent
(10%) or by the height of one additional antenna array with separation from the
nearest existing antenna not to exceed twenty (20) feet, whichever is greater, as
measured from the top of an existing antenna to the bottom of a proposed new
antenna; for other eligible support structures, it increases the height of the structure
by more than ten percent or more than ten (10) feet, whichever is greater, as
measured from the top of an existing antenna to the bottom of a proposed new
antenna;
(2) For towers, it involves adding an appurtenance to the body of the tower that
would protrude from the edge of the tower more than twenty (20) feet, or more than
the width of the tower structure at the level of the appurtenance, whichever is
greater; for eligible support structures, it involves adding an appurtenance to the
body of the structure that would protrude from the edge of the structure by more
than six (6) feet;
(3) For any eligible support structure, it involves installation of more than the
standard number of new equipment cabinets for the technology involved, as
determined on a case-by-case basis based on the location of the eligible support
structure but not to exceed four cabinets per application; or for base stations, it
involves installation of any new equipment cabinets on the ground if there are no
pre-existing ground cabinets associated with the structure, or else involves
installation of ground cabinets that are more than ten percent(10%) larger in height
or overall volume than any other ground cabinets associated with the structure;
(4) It entails any excavation or deployment outside of the current site, except
that, for towers other than towers in the public rights-of-way, it entails any
excavation or deployment of transmission equipment outside of the current site by
more than thirty (30) feet in any direction. The site boundary from which the 30
feet is measured excludes any access or utility easements currently related to the
site.
(5) For any eligible support structure,it would defeat the concealment elements
of the eligible support structure by causing a reasonable person to view the
structure's intended stealth design as no longer effective; or
(6) For any eligible support structure, it does not comply with record evidence
of conditions associated with the siting approval of the construction or modification
of the eligible support structure or base station equipment, unless the non-
compliance is due to an increase in height, increase in width, addition of cabinets,
or new excavation that would not exceed the thresholds identified in paragraphs
(1)-(4) of this definition.
For purposes of determining whether a substantial change exists, changes in height are
measured from the original support structure in cases where deployments are or will be
separated horizontally, such as on building rooftops; in other circumstances, changes in
Height are measured from the dimensions of the tower or base station,inclusive of approved
appurtenances and any modifications that were approved prior to February 22, 2012.
Tower shall mean any structure built for the sole or 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, self-supporting lattice towers, guy towers, monopoles, microwave
towers, common carrier towers, cellular telephone towers 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.
Wireless communications facility or WCF shall mean a facility used to provide personal
wireless services as defined at 47 U.S.C. Section 332 (c)(7)(C); or wireless information
services provided 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 WCF does not include a facility entirely enclosed within a permitted
building where the installation does not require a modification of the exterior of the
building; nor does it include a device attached to a building, used for serving that building
only and that is otherwise permitted under other provisions of the Code. A WCF includes
an antenna or antennas, including without limitation, directional, omni-directional and
parabolic antennas, support equipment, small cell facilities, alternative tower structures,
and towers. It does not include the support structure to which the WCF or its components
are attached if the use of such structures for WCFs is not the primary use. The term does
not include mobile transmitting devices used by wireless service subscribers, such as
vehicle or handheld radios/telephones and their associated transmitting antennas, nor does
it include other facilities specifically excluded from the coverage of this Section.
Section 47. That the definitions of"Wireless telecommunication equipment", "Wireless
telecommunication facility", and "Wireless telecommunication services" contained in Section
5.1.2 of the Land Use Code are hereby deleted.
Introduced, considered favorably on first reading77td
ed published this 17th day of
January, 2023, and to be presented for final passage on tf February 3.
aY
ATTEST: ! Cra
•
4kD
City Clerk
Passed and adopted on final reading on the 7th day of February, 2023.
Fop,�
f.�. %
a ' •'�` Ma o
Z
ATTEST: ;v,
• R
City Clerk
Account#: FTC-003160
FORT-COLLINS
i 1 i Invoice Text
0--�A NOTICE IS HEREBY GIVEN that the Fort Collins City Coum
STATE OF COLORADO
COUNTY OF LARiMER
AFFIDAVIT OF PUBLICATION
CITY OF FC-CLERK-LEGALS
300 LAPORTE AVE
FORT COLLINS CO 80521
I,being duly sworn,deposes and says that said is the legal clerk of the Fort Collins Coloradoan;that
the same is a daily newspaper of general circulation and printed and published in the City of Fort
Collins,in said county and state;that the notice or advertisement,of which the annexed is a true
copy,has been published in said daily newspaper and that the notice was published in the regular
and entire issue of every number of said newspaper during the period and time of publication of said
notice,and in the newspaper proper and not in a supplement thereof;that the publication of said
notice was contained in the issues of said newspaper dated on
01/22/23
that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the
period of at least six months next prior to the first publication of said notice or advertisement above
referred to;that said newspaper has been admitted to the United States mails as second-class matter
under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said
newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within
the meaning of the laws of the State of Colorado.
44 -—
Legal Clerk
Subscribed and sworn to before me,within the County of Brown,State of Wisconsin this
22nd of January 2023.
Notary Public
C//
Notary Expires
_ Legal No.0005563990
NICOLE JACOBS
Ad#:0005563990 Notary Public Affidavit Prepared
P O:Legal Notice Sunday,January 22,2023 4:18 am
This is not an invoice State Of WiS60nsin
#of Affidavits:1
#of Affidavits:
NOTICE 15 HEREBY GIVEN that the
Fort Collins City Council, on Tuesday,
January 17, 2023, passed and adopted
the following ordinance(s) on first
reading. The ordinonce(s) will be pre-
senied for final passage on Tuesday,
February 7,2023:
ORDINANCE NO.001,2023
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
APPROPRIATING FUNDS IN THE
GENERAL FUND
FOP 2023 INCREASES IN SALARY
COMPENSATION FOR
THE MAYOR AND COUNCILMEM-
BERS AS APPROVED
BY THE CITY OF FORT COLLINS
VOTERS ON NOVEMBER 8,2022,BY
THE AMENDMENT OF SECTION 3 IN
ARTICLE II OF THE CITY CHARTER
ORDINANCE NO.002,2023
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
APPROPRIATING PHILANTHROPIC
REVENUE RECEIVED THROUGH
CITY GIVE FOR ACQUISITION OF A
COMMUNITY SOUNDSTAGE
IN THE PARKS DEPARTMENT
ORDINANCE NO.003,2023
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
DECLARING A PORTION OF CITY-
OWNED PROPERTY
AT 835 WOOD STREET AS RIGHT-OF-
-WAY
ORDINANCE NO.004,2023
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AUTHORIZING THE SALE OF THE
REAL PROPERTY LOCATED
AT 945 EAST PROSPECT ROAD TO
KUM&GO,L.C.
ORDINANCE NO.005,2023
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
APPROPRIATING PRIOR YEAR RE-
SERVES AND AUTHORIZING TRANS.
FERS OF APPROPRIATIONS FOR
THE 215 NORTH MASON MUNICIPAL
COURT 15-YEAR BUILDOUT DESIGN
AND RELATED ART IN PUBLIC PLA-
CES
ORDINANCE NO.006,2023
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
APPROPRIATING PRIOR YEAR RE-
SERVES IN THE TRANSPORTATION
CAPITAL EXPANSION FEE FUND
FOR ELIGIBLE REIMBURSEMENT
TO THE NORTHFIELD DEVELOPER
FOR CONSTRUCTION OF SUNIGA
ROADIMPROVEMENTS
ORDINANCE NO.007,2023
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
REPEALING ORDINANCE NO.114,
2022,REPEALING AND REENACTING
SECTION 29.1 OF THE CODE OF THE
CITY OF FORT COLLINS
TO ADOPT THE LAND DEVELOP-
MENT CODE AND
SEPARATELY CODIFYING THE 1997
LAND USE CODE
AS"2022 TRANSITIONAL LAND USE
REGULATIONS"
ORDINANCE NO.011,2023
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AMENDING THE FORT COLLINS
LAND USE'CODE TO UPDATE
STANDARDS FOR WIRELESS COM-
MUNICATIONS FACILITIES CONSIS.
TENT WITH THE WIRELESS TELE-
COMMUNICATIONS MASTER PLAN
ORDINANCE NO.012,2023
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AMENDING THE CODE OF THE CITY
OF FORT COLLINS TO UPDATE
STANDARDS FOR WIRELESS COM-
MUNICATIONS FACILITIES IN PUB-
LIC HIGHWAYS CONSISTENT WITH
THE WIRELESSTELECOMMUNICA-
TIONS MASTER PLAN
The full text of the ordinances)can be
found at http;/ffcggv,comfpvblicnotices•
or by calling tiie City Clerk's Office at
970.221.6515.
0005563990
Coloradoon
Jan 22,2023 II
I
A,ccou.UtM : FTC-003160
r.
F®RT-COLLIN,,.
)k
I Invoice Text
' �i I O�A�r NOTICE IS HEREBY GIVEN that the Fort;Collins City Coun
STATE OF COLORADO
COUNTY OF LARIMER
AFFIDAVIT OF PUBLICATION
CITY OF FC-CLERK-LEGALS
300 LAPORTE AVE
FORT COLLINS CO 80521
I,being duly sworn,deposes and says that said is the legal clerk of the Fort Collins Coloradoan;that
the same is a daily newspaper of general circulation and printed and published in the City of Fort
- Collins,in said county and state;that the riofice of advertisement,of which the annexed is a true
copy,has been published in said daily newspaper and that the notice was published in the regular
and entire issue of every number of said newspaper during the period and time of publication of said
notice,and in the newspaper proper and not in a supplement thereof;that the publication of said
notice was contained in the issues of said newspaper dated on
02/12/23
that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the
period of at least six months next prior to the first publication of said notice or advertisement above
referred to;that said newspaper has been admitted to the United States mails as second-class matter
under the provisions of the Act of March 3, 1.879, or any amendments thereof; and that said
newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within
the meaning of the laws of the State of Colorado.
Legal Clerk
Subscribed and sworn to before me,within the County of Brown,State of Wisconsin this
12th of February 2023.
— Notary Public
Notary Expires
Legal No.0005589574
NANCY HEYRMAN
Ad#t:0005589574 Notary U f I C AEfldavit Prepared
P O : Sunday,February 12,202:4:18 am
This is not an invoice State of Wisconsin
'�.-^^T.-a�amcraswessn�.eanr,.x.s,,amnme<:�=aa^acm.�
#of Affidavits:
#E of Affidavits:
NOTICE IS HEREBY GIVEN that the
Fort Collins City Council,on Tuesday,
February 7,2023,passed and adopted
the following ordinance(s)on second
reading:
ORDINANCE NO.001,2023
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
APPROPRIATING FUNDS IN THE
GENERAL FUND FOR 2023 INCREAS.
ES IN SALARY COMPENSATION FOR
THE MAYOR AND COUNCILMEM-
BERS AS APPROVED BY THE CITY
OF FORT COLLINS VOTERS ON NO.
VEMBER 8,2022,BY THE AMEND-
MENT OF SECTION 3 IN ARTICLE If
OF THE CITY CHARTER
ORDINANCE NO.002,2023
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
APPROPRIATING PHILANTHROPIC
REVENUE RECEIVED THROUGH
CITY GIVE FOR ACQUISITION OF A
COMMUNITY SOUNDSTAGE IN THE
PARKS DEPARTMENT
ORDINANCE NO,003,2023
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
DECLARING A PORTION OF CITY--
OWNED PROPERTY AT 835 WOOD
STREET AS RIGHT-OF WAY _...._... �.. �. _..._......_...... w_......_�_
_ ...._ ... ..... _
ORDINANCE NO.004,2023
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AUTHORIZING THE SALE OF THE
REAL PROPERTY LOCATED AT 945
EAST PROSPECT ROAD TO KUM&
GO,L.C.
ORDINANCE NO,005,2023
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
APPROPRIATING PRIOR YEAR RE-
SERVES AND AUTHORIZING TRANS-
FERS OF APPROPRIATIONS FOR
THE 215 NORTH MASON MUNICIPAL
COURT 15-YEAR BUILDOUT DESIGN
AND RELATED ART IN PUBLIC PLA-
CES
ORDINANCE NO,006,2023
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
APPROPRIATING PRIOR YEAR RE-
SERVES IN THE TRANSPORTATION
CAPITAL EXPANSION FEE FUND
FOR ELIGIBLE REIMBURSEMENT
TO THE NORTHFIELD DEVELOPER
FOR CONSTRUCTION OF SUN IGA
ROAD IMPROVEMENTS
ORDINANCE NO.007,2023
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
REPEALING ORDINANCE NO.114,
2022,REPEALING AND REENACTING
SECTION 29-1 OF THE CODE OF THE
CITY OF FORT COLLINS TO ADOPT
THE LAND DEVELOPMENT CODE
AND SEPARATELY CODIFYING THE
1997 LAND USE CODE
AS"2022 TRANSITIONAL LAND USE
REGULATIONS"
OR D I NANCE NO,011,2023
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AMENDING THE FORT COLLINS
LAND USE CODE TO UPDATE
STANDARDS FOR WIRELESS COM-
MUNICATIONS FACILITIES CONSIS-
TENT WITH THE WIRELESS TELE-
COMMUNICATIONS MASTER PLAN
ORDINANCE NO.012,2023
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AMENDING THE CODE OF THE CITY
OF FORT COLLINS TO UPDATE
STANDARDS FOR WIRELESS COM-
MUNICATIONS FACILITIES IN PUB-
LIC HIGHWAYS CONSISTENT WITH
THE WIRELESS TELECOMMUNICA-
TIONS MASTER PLAN
The full text of the ordinance(s)can be
found at http://fcgov.com/publicnotices
or by calling the City Clerk's Office at
970.221.6515.
0005589574
Coloradoan
F E B.12,2023
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