HomeMy WebLinkAbout144 - - AMENDING ARTICLES 3 AND 5 OF THE LAND USE CODE REGARDING SMALL CELL FACILITIESORDINANCE NO. 144, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ARTICLES 3 AND 5 OF THE LAND USE CODE
REGARDING SMALL CELL FACILITIES
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WHEREAS, on December 2, 1997, by its adoption of Ordinance No. 190, 1997, the City
Council enacted the Fort Collins Land Use Code (the "Land Use Code"); and
WHEREAS, at the time of the adoption of the Land Use Code, it was the understanding of
staff and the City Council that the Land Use Code would most likely be subject to future
amendments, not only for the purpose of clarification and correction of errors, but also for the
purpose of ensuring that the Land Use Code remains a dynamic document capable of responding
to issues identified by staff, other land use professionals and citizens of the City; and
WHEREAS, during the 2017 legislative session, the Colorado General Assembly passed
and the Governor signed into law HB17-1193, which expands access to public rights-of-way and
City-owned infrastructure in the rights-of-way for placement of small cell wireless communication
facilities, and makes such facilities a use by right in all zone districts; and
WHEREAS, notwithstanding the expanded access to municipal rights-of-way and City-
owned infrastructure in such rights-of-way for small cell wireless communication facilities,HB 17-
1193 also preserves the local government's right to exercise police powers to regulate the
placement of such facilities, subject to certain limitations;and
WHEREAS, HB17-1193 became effective on July 1, 2017; and
WHEREAS, in addition to the Land Use Code amendments proposed herein, Council is
concurrently considering City Code amendments regarding the review of small cell wireless
communications facilities proposed to be placed in public rights-of-way; and
WHEREAS, the proposed Land Use Code amendments specify that the review of small
cell wireless communications facilities located principally in public rights-of-way are addressed
through the proposed City Code regulations; and
WHEREAS, the proposed Land Use Code amendments are in the best interest of the
citizens of Fort Collins.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 3.8.13 of the Land Use Code is hereby amended to read as
follows:
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3.8.13 - Wireless Telecommunication
D) The regulations contained in this Section shall not apply to the installation, operation,
maintenance, or upgrade of a small cell facility by a telecommunications provider
principally located within a public highway as the terms small cell facility,
telecommunications provider, and public highway are defined in Section 38-5.5-102,
C.R.S. The regulation of such activities is addressed in Chapter 23 of the Code of the City
of Fort Collins.
Section 3. That the definition of"Development"contained in Section 5.1.2 of the Land
Use Code is hereby amended to read as follows:
Development shall mean the carrying out of any building activity or mining operation, the
making of any material change in the use or appearance of any structure or land, or, except
as is authorized in Section 1.4.7, the dividing of land into two (2) or more parcels.
2) Development shall not include:
g) the installation, operation, maintenance, or upgrade of a small cell or
broadband facility by a telecommunications provider principally located
within a public highway as the terms small cell facility,telecommunications
provider,and public highway are defined in Section 38-5.5-102,C.R.S. The
regulation of such activities is addressed in Chapter 23 of the Code of the
City of Fort Collins.
Introduced, considered favorably on first reading, and ordered published this 21st'day of
November, A.D. 2017, and to be presented for final passage on the 5th day of December, A.D.
2017.
Mayor
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Passed and adopted on final reading on the 5th day of December, A.D. 2017. ,
Mayor PO Tem
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