HomeMy WebLinkAbout012 - 02/07/2023 - AMENDING THE CODE OF THE CITY OF FORT COLLINS TO UPDATE STANDARDS FOR WIRELESS COMMUNICATIONS FACILI R • �
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 COMMUNICATIONS FACILITIES IN PUBLIC HIGHWAYS
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 H, 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, in December 2017, the City Council adopted 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 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, federal court decisions interpreting the
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
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WHEREAS, on January 25, 2022, City Council directed staff to develop recommended
ways to revise existing wireless communication facility design standards to further the Plan; and
WHEREAS, thereafter, staff reviewed existing FCC regulations, consulted with industry
and community stakeholders, and identified revisions to the City Code and Fort Collins Land Use
Code to further align City regulations with Council's direction; and
WHEREAS, the City Manager and staff recommend to the City Council additions and
revisions to Chapter 23 of the City Code set forth in this Ordinance to align the right-of-way
encroachment permit application and review process for locating small cell telecommunication
facilities in public rights-of-way with separately proposed changes to the Fort Collins Land Use
Code; and
WHEREAS, in conjunction with the City Code amendments proposed herein, Council is
concurrently considering Fort Collins Land Use Code amendments regarding the review of
wireless communications facilities proposed on private property located outside public rights-of-
way; and
WHEREAS, based on the foregoing, it is the desire of the City Council to amend Chapter
23 of the City Code to align wireless communication facility application review and public
highway encroachment permitting 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 Chapter 23,Article VII of the Code of the City of Fort Collins is hereby
amended to read 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 wireless communications facilities
(WCFs) in public highways, minimizing the visual impact of such installations on the
community,particularly in and near residences;
(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 WCFs in public highways, through careful design
and siting standards, including but not limited to concealment or camouflage design
techniques, screening, and undergrounding of associated equipment to the extent
feasible;
(5) Encourage collocation of antennas and maximizing the use of existing structures in
public highways to accommodate WCFs, 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 WCFs, including distributed antenna
systems (DAS) and small cell networks with components that are a fraction of the size
of macro WCFs, and which are installed with little or no impact on utility support
structures;
(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 WCFs;
(8) Effectively manage WCFs, 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;
(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;
and
(11) Ensure that all WCFs deployed in public highways in the City comply with federal
requirements governing radio frequency emissions.
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.
ANSI/SCTE 77 shall mean the standards for underground enclosures published by the American
National Standards Institute and Society of Cable Telecommunications Engineers.
Alternative tower structure shall mean any artificial trees, clock towers, bell steeples, light poles,
water towers, farm silos, or similar alternative design mounting structures that (1) meet the size
standards for the definition of small cell facility and(2) conceal to the extent feasible the presence
of WCFs to make them architecturally compatible with the surrounding area pursuant to this
Article. A stand-alone pole in the public highway that accommodates small cell facilities is
considered an alternative tower structure provided it meets the concealment standards of this
Chapter and the size standards for a small cell facility. Alternative tower structures are not
considered towers, for the purposes of this Article.
Antenna(s) shall have the meaning set forth in § 29-27-402, Colorado Revised Statutes.
Applicant 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.
Broadband service shall have the same meaning as set forth in 7 U.S.C. Sec. 950bb (b)(1).
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.
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 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 §
24-39 of this Code.
Equipment cabinets shall mean a structure used to house equipment used by service providers at a
wireless communications facility. 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.
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,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.
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 public highways and specific instances of City-owned infrastructure.
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.
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 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 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 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 f .
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
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 Subsections (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 approved on or before 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. Alternative tower structures in the rights-of-way are not
towers.
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, 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.
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.
Sec. 23-173. -Applicability.
The provisions of this Article shall apply to any SCF located principally within a public highway
in the city and it shall be unlawful for a SCF to be placed in any public highway except in
compliance with this Article.
Sec. 23-174.—Location standards.
(a) Preferred locations. To the extent feasible, in all zoning districts, the preference of this
Article shall be that SCFs be located on main corridors and arterials, and not on residential
streets, unless necessary for network operations.
(b) SCF equipment.To the extent any transmission equipment is approved to be located above
ground,it shall be placed as close as 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 SCF shall be placed within six hundred (600) feet of another
freestanding SCF in a public highway, unless otherwise set forth in a master license
agreement. This separation requirement does not apply to attachments made to existing
SCFs. The Engineer may modify this requirement if the applicant demonstrates the need
for the SCF and cannot 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 area, the SCF 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 SCF shall be placed
adjacent to the common side yard property line between adjoining residential properties,
so the SCF minimized visual impacts equitably among adjacent properties. In the case of a
corner lot, the SCF 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 feasible from a construction, engineering or design perspective, the
applicant may submit a written statement to the Engineer requesting the SCF be exempt
from these requirements.
(e) Above-ground equipment. Transmission equipment shall be located out of view to the
extent feasible. The Engineer may where appropriate and feasible based upon technical,
construction and engineering requirements, require a flush-to-grade underground
equipment vault.
(f) Towers. No towers shall be permitted in the public highway.
Sec. 23-175. -Operational standards.
(a) Federal requirements. All SCFs 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 SCFs. If such standards and regulations are changed, the SCF 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 SCFs shall comply with federal standards for radio
frequency emissions.
(c) Signal interference. All SCFs 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.
(d) Legal access.The applicant shall warrant and represent for all SCF permit applications that
the applicant has a master license agreement for any public highway affected by the
application providing legal access to/from the SCF and the utilities necessary to operate
and maintain the facility, and, where applicable, permission to attach the SCF from the
owner of the pole.
(e) Operation and maintenance.
(1) To ensure structural integrity of SCFs, the SCF owner shall ensure the SCF 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
SCF fails to comply with such codes and constitutes a danger to persons or property,
upon written notice provided to the SCF owner, the owner shall have thirty (30) days
from the date on the notice to bring the SCF into compliance. Upon good cause shown
by the SCF owner, the Engineer may extend such compliance period not to exceed
ninety (90) days from the date of said notice. If the SCF owner fails to bring the SCF
into compliance within said period,the City may remove such facility at the applicant's
and/or owner's expense.
(2) The site and the SCF including all landscaping and related transmission equipment
shall be maintained at all times in a neat and clean manner and in accordance with all
approved plans.
(3) If any FCC, state or other governmental license or approval to provide personal
wireless services is revoked as to any SCF permitted or authorized under this Article,
the applicant 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 SCF, 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 SCFs, upon request by the
City, the applicant shall provide as-built drawings and a statement of compliance with
all permit location conditions for SCFs 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 SCF elements.
(6) The SCF 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 SCF 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.
(f) Abandonment and removal. If a SCF has not been in use for a period of three (3) months,
the applicant shall notify the City of the non-use and indicate whether re-use is expected
within the ensuing three (3) months. Any SCF that is not operated for a continuous period
of six (6) months shall be considered abandoned without regard to whether the applicant
has provided notice, and any SCF permit issued in connection therewith shall be deemed
to have expired.
(1) The City, in its sole discretion, may require an abandoned SCF to be removed. The
applicant 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
applicant's expense, to the level of finish of the adjacent landscaped area.
(2) If such SCF is not removed within said period,the City may remove it at the applicant's
expense and any approved permits for the SCF shall thereupon expire. Reimbursement
for all such removal costs shall be paid by applicant to the City prior to applicant's
receipt of any additional permit under this Article.
(3) In addition, a SCF 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 SCF 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 SCF and charge the costs to the
applicant. Reimbursement for all such removal costs shall be paid by the applicant 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 SCF 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.
(a) Standards. The requirements set forth in this Section shall apply to the location and design
of all SCFs governed by this Article. To that end and to the extent feasible, SCFs shall be
designed and located to minimize their visual impacts, consistent with this Article.
(b) Site design flexibility. To the extent feasible, individual SCFs shall be installed to best
conceal,and where not feasible camouflage,the SCF.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 SCF 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 SCF
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 SCFs shall to the extent feasible,use concealment design
techniques, and where not feasible utilize camouflage design techniques.
a. Vault standards. No vault shall be 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 vault volume:
electric meter, concealment, telecommunications demarcation box, ground-based
enclosures, back-up power systems, grounding equipment, power transfer switch,
and cut-off switch. 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 SCFs 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 SCF be higher than forty (40) feet, unless the applicable
support structure is already existing at a greater height prior to attachment of
the SCF.
4. If the applicant is not the owner of the pole, it shall provide appropriately
authorized written permission from the pole owner at the time the application
is submitted, pursuant to § 23-175(d).
c. Antenna. Except for a modification to an eligible support structure that qualifies as
an EFR, 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,SCFs shall to the extent feasible
be designed to minimize their profile.
e. All visible SCF 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 SCF 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.
(2) Hazardous materials. No hazardous materials shall be permitted in association with
SCFs,except those necessary for the operations of the SCF and only in accordance with
all applicable laws governing such materials.
(3) Siting.
a. All elements of SCF 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 to the extent
feasible and shall adhere to structural requirements set forth in an MLA.
c. Applicants may be required to design and construct SCFs to accommodate
equipment for at least two (2) service providers on the same structure, unless the
Engineer approves an alternative design, to the extent feasible based upon
construction,engineering and design standards. No applicant or SCF operator shall
unreasonably exclude a telecommunications competitor from using the same
facility or location. Upon request by the Engineer, the applicant shall provide
evidence explaining why collocation is not feasible at a particular facility or site.
No applicant shall unfairly exclude a competitor from using a site when collocation
is feasible based upon applicable construction, engineering, and design standards.
d. SCFs 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 SCF is approved to be installed above
ground, all elements of a SCF shall be grouped as closely as 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 SCF shall not be located or maintained in a manner that causes unreasonable
interference with a public highway.
(4) Lighting. A SCF shall not be artificially lighted, unless required by the FAA or other
applicable governmental authority,or the SCF 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 extent feasible to
minimize glare and light falling onto nearby properties.
C
(5) Landscape requirements.
a. SCFs shall be sited in a manner that does not reduce landscaped areas of the public
highway.
b. Applicants shall restore all landscaping impacted during SCF installation to City
street vegetation standards. Supplemental landscaping will be a condition of
approval for any SCF 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 extent feasible.
d. No tree may be removed in siting a SCF,unless authorized by the City Forester.To
obtain authorization the applicant shall show wireless services are not 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 '/2) 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.L(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 SCF, such as within an urban renewal district,
the SCF shall be compatible with the anticipated future-built environment.
(8) Additional design requirements. Other requirements applicable to SCFs are specified
below:
a. Non-city utility structure attachments. If a SCF is installed on a City structure other
than utility, light, or traffic infrastructure, the SCF 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 SCF
as visually unobtrusive as possible,e.g.,painting antennas and equipment,and meet
the following:
1. All pole-mounted components of the SCF shall be located on or within an
existing utility pole serving another utility;
2. To the extent feasible, the SCF shall be consistent with the size and shape of
pole-mounted equipment installed by other service providers on utility poles
near the SCF; and
3. The SCF 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 Transmission Equipment. Transmission equipment, other than antennae must
comply with § 23-174.
r ,
Sec.23-177. -Application,review procedures and requirements for small cell facilities in the
public highways.
(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 SCF shall be constructed and no collocation or modification
to any SCF 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 SCFs' 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. SCFs 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;
c. A report, signed 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 wireless facilities;
d. Signal interference certification signed under penalty of perjury by a professional
engineer in the State of Colorado, representing that all SCFs covered by the
application shall be designed, sited and operated in accordance with applicable
federal signal interference requirements,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, 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 SCF
installation that entails excavation of a public highway; and
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 SCF permit for any SCF 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 SCF 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 (2) 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 SCF in a
public highway shall demonstrate that other alternative siting options, including
collocations, are not feasible. Notwithstanding anything in this Article to the 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. Any decision to approve, approve with conditions,or deny an application for
a SCF 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 SCF 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 requiring the information necessary for the Engineer to
consider whether the project covered by the application would:
a. Result in a substantial change to the physical dimensions of the site; or
b. Violate 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.
♦ y
(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)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 they determine 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;
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 if 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 may not toll the shot clock by specifying 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 City determines
that the applicant's request is not an Eligible Facilities Request delineated in this
subsection, the applicant shall be advised as to the relevant provisions of the City
Code(s), including land use and/or development codes, that govern the process to
consider the request, and whether the Code(s) requires any additional information that
may be required 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(s) and submits all required information, the
presumptively reasonable timeframe under 47 U.S.C. § 332(c)(7), as set forth in
applicable federal and state law will begin to run from submittal of the proposal
required information under the applicable provision of this Code.
(f) Review procedures for collocating small cell facilities on an existing tower or base station.
Within ten (10)business days of receipt of an application for a small cell facility that does
not qualify as an EFR,the City shall provide written comments to the applicant determining
completeness of the application and setting forth any modifications required to complete
r
the application to bring the proposal into full compliance with the requirements of this
subsection.
(1) To toll the timeframe for incompleteness, the City must provide written notice to the
applicant within ten (10) business days of receipt of the application, specifically
delineating all missing documents or information required in the application.
(2) The timeframe for review resets to zero (0) when the applicant makes a supplemental
written submission in response to the City's notice of incompleteness.
(3) Following a supplemental submission,the City will notify the applicant within ten(10)
business days whether the supplemental submission provided the information
identified in the original notice delineating missing information. If the application
remains incomplete, the timeframe is tolled pursuant to the procedures identified in
subparagraphs(1)and(2)of this paragraph.In the case of a second or subsequent notice
of incompleteness, the City may not toll the shot clock by specifying missing
information or documents that were not delineated in the original notice of
incompleteness.
(4) Final action on complete applications for small cell facilities in the public highways
will be no more than sixty (60) days, provided all standards in this Section are met.
Sec. 23-178. - Standards for approval.
(a) Administrative approval. An applicant for a SCF permit shall be subject to administrative
review as set forth in § 23- 177.
(b) Notwithstanding the approval of an application for collocation or a new non-city-owned
structure as described herein, all work performed on SCFs must be completed in accordance with
applicable building and safety requirements of the City.
Introduced, considered favorably on first reading, and ordered published this 17th day of
January, 2023, and to be presented for final passage on t nd day of Fe , 2023.
Or iOP,r \
.< 7�j
SZ� ;�r yor
ATTEST: ,
A,TiO
City Clerk
r �
Passed and adopted on final reading this 7th day of February, 2023.
yO�oFOk).� )
ayo
ATTEST: EA-L
r .
. i
ity Clerk
RESOLUTION 2023-015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING AN APPOINTMENT TO THE YOUTH ADVISORY BOARD
WHEREAS;the Youth Advisory Board has a vacancy that has been open for an extended
time; and
WHEREAS Councilmember Francis interviewed a candidate for this appointment on
January 18, 2023; and
WHEREAS, the City Council desires to make an appointment to fill a vacancy on the
Youth Advisory Board.
NOW,THEREFORE,BE IT RESOLVED 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 the following named person is hereby appointed to fill the open
vacancy on the Youth Advisory Board with a term to begin and expire as noted below next to the
appointee's name:
Youth Advisory Board
Appointments Term Effective Date Expiration of Term
Riya Sajjan (Seat D) March 1, 2023 December 31, 2023
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 7th
day of February, 2023.
F0 b.-,-
A •. • `/
ATTEST:
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
I
i
i