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HomeMy WebLinkAbout122 - 10/01/1996 - AMENDING CITY CODE PERTAINING TO THE ZONING AND USE OF WIRELESS TELECOMMUNICATION SERVICES FACILITIE ORDINANCE NO. 122, 1996 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 29 OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO THE ZONING AND USE OF WIRELESS TELECOMMUNICATION SERVICES FACILITIES AND EQUIPMENT WHEREAS, in April of 1996, Council adopted a Telecommunications Policy("the Policy"); and WHEREAS, the Policy directed staff to establish zoning requirements and siting standards for above-ground telecommunications transceiver structures such as antenna towers and satellite dishes; and WHEREAS, providers of wireless telecommunication services ("WTS") are now beginning to contact the City in preparation for offering these services to the community; and WHEREAS, the federal government has recently adopted the Telecommunications Act of 1996 ("the Act") in order to remove regulatory barriers and encourage competition among all types of telecommunications providers; and WHEREAS, in doing so, the Act preempts all state and local laws that prohibit or have the effect of prohibiting a business from providing telecommunication services; and WHEREAS, although the Act so preempts state and local laws, it generally preserves local zoning authority over WTS facilities as long as the zoning requirements are non-discriminatory, do not have the effect of prohibiting service, and are not based on health effects of radio frequency emissions; and WHEREAS, now that WTS providers will soon be siting their facilities and equipment within the City, the City's Code must be amended to establish which zoning districts WTS facilities and equipment will be permitted and to establish review standards for WTS facilities and equipment; and WHEREAS, such Code changes are necessary for the public's health, safety and welfare. NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS, as follows: Section 1. That the Council of the City of Fort Collins hereby makes the following special findings as required pursuant to Section 29-75 of the Code of the City of Fort Collins: (1) that allowing wireless telecommunication services facilities in certain zoning districts of the City, as provided in Section 4 of this Ordinance, would be more appropriate in the zoning districts to which such facilities would be added than in any of the other zoning districts in the City; (2) that allowing wireless telecommunications services facilities and equipment in the zoning districts, as provided in Section 4 of this Ordinance, conforms to the basic characteristics of the zoning districts to which such facilities and equipment have been added; and (3) that wireless telecommunication services facilities and equipment do not create any more offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences or more traffic hazards than the minimum amount normally resulting from the other uses listed in the zoning districts to which the use of such facilities and equipment have been added. Section 2. That Section 29-1 of the Code of the City of Fort Collins is hereby amended by the addition of three new definitions and amending an existing definition as follows: wireless telecommunication services shall mean services providing for the transmission of wireless communications utilizing frequencies authorized by the Federal Communications Commission for paging systems, enhanced specialized wireless telecommunication, personal communication services, and cellular telephone. wireless telecommunication services equipment shall mean any equipment used to provide wireless telecommunication services,but which is not affixed to or contained within a wireless telecommunication services facility, but is instead affixed to or mounted on an existing building or structure (or substantially similar replacement structure) that is used for some other purpose. Provided, however, such equipment shall also mean a ground mounted base station used as an accessory structure that is connected to an antenna mounted on or affixed to an existing building. wireless telecommunication services facility shall mean any freestanding facility, building, pole, tower or structure used to provide only wireless telecommunication services, and which consists of, without limitation, antennae, equipment and storage and other accessory structures used to provide wireless telecommunication services. Public utility shall mean a common carrier supplying electricity, telephones, natural gas, water, sewage disposal, railroads or similar public services, but shall not mean any person or entity that provides wireless telecommunication services to the public. Section 3. That Section 29-3 subparagraph (b)(1) of the Code of the City of Fort Collins shall be amended to read as follows: Sec. 29-3. Development review fees. (b) Development review fee schedule. 2 (1) The standard development review fee imposed by this Section shall be paid at the time of submittal of any development review application, according to the following schedule: Annexation Petition and Map $ 1,040.00 Rezoning Petition 856.00 Overall Development Plan 1,400.00 Preliminary PUD Plan 1,472.00 Final PUD Plan 2,808.00 Minor Subdivision Plat 896.00 Preliminary Subdivision Plat 1,312.00 Final Subdivision Plat 2,176.00 RFIRC Site Plan 2,544.00 RH/RM Site Plan 976.00 Group Home Review 920.00 Wireless Telecommunication Services Equipment Review 200.00 Wireless Telecommunication Services Facility Review 976.00 Nonconforming Use Review 1,216.00 IUIP Site Plan 1,640.00 Administrative Change 168.00 Extension Request 496.00 Notification Fee .50 per notice mailed Section 4. That Chapter 29 of the City Code is hereby amended by the addition of three new sections under Division IV, Article III, to read as follows: Sec. 29-479. Wireless Telecommunication Services Facility Review. (a) Subject to the requirements of paragraph (b) of this Section, a wireless telecommunication services facility shall be permitted in only the following zoning districts: (1) B-C, Business Center District; (2) B-G, General Business District; (3) B-L, Limited Business District; (4) C, Commercial District; (5) C-L, Limited Commercial District; (6) H-B, Highway Business District; (7) H-C, Highway Commercial District; (8) I-G, General Industrial District; (9) I-L, Limited Industrial District; and (10) I-P, Industrial Park District. 3 (b) Applications for use of a wireless telecommunication services facility in any of the permitted zoning districts shall be reviewed pursuant to the provisions of City Code Sections 29-520 and 29-521. Sec. 29-480. Wireless Telecommunication Services Equipment Review. (a) Subject to the requirements of paragraph (b) of this Section, wireless telecommunication services equipment may be attached to or mounted on any existing building or structure (or substantially similar replacement structure) located in any zoning district of the city. Wireless telecommunication services equipment shall not, however, be permitted to be attached to or mounted on any residential building containing four (4) or fewer dwelling units. (b) Application for use of wireless telecommunication services equipment shall be reviewed pursuant to the provisions of City Code Sections 29-520 and 29-521. Sec. 29-481. Co-location of Wireless Telecommunication Services Facilities and Equipment. No wireless telecommunication services facility or equipment owner or lessee or employee thereof shall act to exclude or attempt to exclude any other wireless telecommunication services provider from using the same building, structure or location. Wireless telecommunication services facility owners or lessees or employees thereof shall cooperate in good faith to achieve co-location of wireless telecommunication services facilities and equipment with other wireless telecommunication services providers. Section 5. That Section 29-526(D)(2)of the City Code is hereby amended by the addition of a new Neighborhood Compatibility Criteria Chart to be numbered A-2.19, to read as follows: 4 CHART A-2. NEIGHBORHOOD COMPATIBILITY CRITERIA A-2.19 Wireless Telecommunication Services Facilities and Equipment Does the project contain wireless telecommunication services facilities or equipment? If so, have such facilities and equipment and their placement been designed so as to protect the safety, aesthetics, and character of the neighborhood? PURPOSE WIRELESS TELECOMMUNICATION SERVICES EQUIPMENT: Wireless telecommunication services facilities and Wireless telecommunication services equipment shall equipment are evaluated in the development review he of the same color as the building or structure to process to ensure that such facilities and equipment are which or on which such equipment is mounted. designed in such a way as to provide functional operation for the provider and protect the safety, Whenever a wireless telecommunication services aesthetics, and character of the neighborhood. antenna is attached to a building roof, the height of the antenna shall not be more than 15 feet over the height GUIDELINES of the building. All wireless telecommunication services equipment shall be located as far from the edge SETBACKS: of the roof as possible. Even if the building is constructed at or above the City's 40 foot height limit, With respect to a wireless telecommunication services the additional 15 feet is permissible. facility that is a tower or a monopole, the setback of the facility from the property lines should be one foot for Whenever wireless telecommunication services every foot of height. However, to the extent that it can equipment is mounted to the wall of a building or be demonstrated that the structure will collapse rather structure, the equipment shall be mounted in a than topple,this requirement can be varied accordingly. configuration as flush to the wall as technically possible In addition, the setbacks for ground-mounted wireless and shall not project above the wall on which it is telecommunication services equipment shall be mounted. governed by the criteria established in All Development Criterion A-2.12. Roof and ground mounted wireless telecommunication services equipment shall be screened by parapet walls WIRELESS TELECOMMUNICATION SERVICES FACILITIES: or screen walls in a manner compatible with the building's design,color, and material. Whether manned or unmanned, wireless telecommunication services facilities shall be consistent LANDSCAPING: with the architectural style of the surrounding architectural environment (planned or existing) Wireless telecommunication services facilities and considering exterior materials, roof form, scale, mass, ground mounted wireless telecommunications services color, texture and character. Such facilities shall also equipment may need to be landscaped with landscaping be compatible with the surrounding natural environment materials that exceed the levels established in All considering land forms, topography, and other natural Development Criteria A-2.13,due to the unique nature features. If such facility is an accessory use to an of such facilities. Landscaping may therefore be existing use, the facility shall be construed out of required to achieve a total screening effect at the base materials that are equal to or better than the materials of of such facilities or equipment to screen the mechanical the principal use. characteristics. A heavy emphasis on coniferous plants for year-round screening may he required. If a wireless telecommunication services facility or ground mounted wireless telecommunication services 5 equipment has frontage on a public street, street trees FOOTHILLS AND HOGBACKS: shall be planted along the roadway in accordance with the policies of the City Forester. Wireless telecommunication services facilities and equipment located in or near the foothills bear a special FENCING: responsibility for mitigating visual disruption. If such a location is selected, the applicant shall provide Chain link fencing shall be unacceptable to screen computerized, three dimensional, visual simulation of facilities. Fencing material shall consist of wood, the facility or equipment and other appropriate graphics masonry, stucco, or other acceptable materials and be to dcnlonstrate the visual impact on the view of the opaque. Fencing shall not exceed six(6) fe>t in height. City's foothills and hogbacks. BERMING: AIRPORTS AND FLIGHT PATHS: Berms shall be considered as an acceptable screening Wireless telecommunication services facilities and device. Berms shall feature slopes that allow mowing, equipment located near airports and flight paths shall irrigation, and maintenance. obtain the necessary approvals Goo the Federal IRRIGAHON: Aviation Administration. Landscaping and beaming shall be equipped with IlISTORICSITES AND STRUCTURES: automatic irrigation systems meeting the water conservation standards of the City. Wireless telecommunication services facilities and equipment shall not be located on any historic site or COLOR: structure unless permission is first obtained from the City's Landmark]'reservation Commission as required All wireless telecommunication services facilities and by the City's landmark preservation ordinances. (See equipment should be painted to match as closely as City Code Chapter 14.) possible the color and texture of the wall, building, or surrounding built environment. Muted colors, earth tones and subdued colors shall be used. LlGiIHNG: 'Fire light source for security lighting shall be high pressure sodium and feature down-directional, slurp cut-off luminaries so that there is no spillage of illumination offsite. Light fixtures, whether freestanding or tower-mounted,skald not exceed 22 feet in height. INTERFERENCE: Wireless telecommunication services facilities and equipment shall operate in such a manner so as not to cause interference with other electronics such as radios, televisions,computers,etc. ACCESS ROADWAYS: Access roads must be capable of supporting all of the emergency response equipment of the Poudre Fire Authority. 6 introduced, considered favorably on first reading, and ordered published in summary form this 17th day of September, A.D. 1996, and to be presented for final passage on the 1st day of October, A.D. 1996. _. 1Vlayor ; ATTEST: City Clerk Passed and adopted on final reading this 1 st day of Octo A-D. 1996. Mayor ATTEST: !IU\ Ai9. 4 A Q City Clerk 7