§ 16.1.2. Where allowed.

A.

Zoning. CMRS facilities are allowed as a principal or underlying use on a property as follows:

B.

Preferred CMRS facilities. The order of preference for new permanent CMRS facilities is (from most-preferred to least-preferred and based on technical feasibility):

1.

Co-location on existing CMRS or broadcast antenna towers.

2.

Attached antennas.

3.

Concealed antennas.

4.

Microcell antenna towers.

5.

Antenna towers.

New CMRS facilities must use the most preferred facility type where technically feasible. A lesser preferred facility type is allowed only if the applicant presents substantial evidence to show it will have a lesser visual impact than the use of more preferred facilities and that the applicant's desired geographic area cannot be served by using more preferred facilities.

C.

Location: To the maximum extent feasible personal wireless service facilities shall be located on existing structures, including but not limited to buildings, water towers, existing telecommunications facilities, utility poles and towers, and related facilities, provided that such installation preserves the character and integrity of those structures. In particular, applicants are urged to consider use of existing telephone and electric utility structures as sites for one or more personal wireless service facilities. The applicant shall have the burden of proving that there are no feasible existing structures upon which to locate. If the applicant demonstrates that it is not feasible to locate on an existing structure, personal wireless service facilities shall be designed so as to be camouflaged to the greatest extent possible, including but not limited to: use of compatible design, building materials and colors, screening, landscaping and placement within trees.

D.

Facilities on residential properties. CMRS facilities may not be placed on properties or buildings used primarily for residential purposes, with the exception of attached or concealed (Stealth) microcell antennas that do not alter the character of the residential or accessory structures. CMRS facilities may be placed on buildings containing eight or more dwelling units or farms containing dwelling units.

TABLE 16.1.2.I

ANTENNA LOCATION REGULATIONS

Zoning District	Attached and Concealed (Stealth) Antennas	Antenna Tower (Temporary)	Antenna Towers (Microcells)	Antenna Towers (Other)
E and E-1 Estate; R, R-1 and R-2 Residential; M and M-1 Multiple-Family; RE and RE-1 Rural Estate; FO-1 Forestry; and PD Planned Development	P	Not permitted	(P≤30 feet high—a, b) SR≤30 feet high	Not permitted
FA and FA-1 Farming and FO Forestry	P	P≤40 feet high	(P≤30 feet high—a, b) (SR≤30 feet high	(P≤40 feet high—b) SR≤60 feet high—e) (S≤80 feet high—c, e)
A Accommodations and T Tourist	P	P≤40 feet high	(P≤30 feet high—a, b) SR≤30 feet high	(P≤40 feet high-b)
B Business and RFLB Red Feather Lakes Business	P	P≤40 feet high	P≤40 feet high	P≤40 feet high SR>40—80 feet high
C Commercial and I and I-1 Industrial	P	P≤40 feet high	P≤40 feet high	P≤60 feet high (P≤80 feet high—c) (P≤100 feet high—d) SR>60—120 feet high
O Open	P	P≤40 feet high	(P≤30 feet high—a, b) SR≤40 feet high	(P≤40 feet high—b) (SR≤160 feet high—e)
AP Airport	P	P≤30 feet high	P≤30 feet high	(P≤30 feet high—b)

 

P—Permitted by administrative review

SR—Permitted by special review special conditions

a—Permitted only when placed 200 feet or less from the right-of-way line of I-25 (east side of road); US 34; US 36; US 287 (east side of road); Colorado 7; Colorado 14; and on lots with public and private schools for elementary and high school education, hospitals, police and fire stations.

b—Permitted only at public utility substations and in high-tension power line easements.

c—Permitted if two competing CMRS providers co-develop one tower where both will collocate.

d—Permitted if three competing CMRS providers co-develop one tower where all will collocate.

e—Neighborhood meeting required. Notice must be sent to all property owners within 500 feet of the site or a larger area if the planning director determines the facility's visual impact warrants a greater notification area.

_____

E.

Facilities at county special places, state or federally designated historic sites. CMRS facilities may only be located on a designated county special place, state or federally designated historic site or structure with the county commissioners' permission. CMRS facilities must not unreasonably interfere with the view from any designated special place, historic site or structure, or public park. CMRS facilities shall not be permitted within one-quarter mile (1,320 feet) of the Interstate 25 right-of-way, unless such facility is combined with and is consistent with the architectural style of an existing structure, or is located on an existing CMRS facility and/or within the East Mulberry Corridor Plan area except for locations at least ¼ mile north of the State Highway 14/East Mulberry Street centerline where planning and design for facilities in this area includes an assessment that indicates that there are no feasible existing structures upon which to locate.

F.

Radial spacing. Antenna towers over 40 feet high must be located at least 1,000 feet from other antenna towers over 40 feet high that are capable of supporting CMRS facilities. Closer spacing between towers may be granted through the special review process.

G.

Temporary CMRS facilities.

1.

Temporary CMRS facilities designed for use while a permanent CMRS facility or network is under construction may operate for up to 180 days, after which the temporary facility must be removed. Approval of such temporary facilities cannot be renewed. No other temporary facility can be built by the provider on the property after the original temporary facility is removed.

2.

Temporary CMRS facilities designed for use during a special event may operate for up to 14 days, after which they must be removed. An extension of the temporary use may be granted by the planning director. Such temporary facilities may be operated on a property up to four times a year.

3.

Temporary CMRS facilities must comply with subsection 16.1.3 (requirements and performance standards). The planning director may waive landscaping and screening requirements for temporary facilities.

(Res. No. 01312006R010, §§ 3—9, 1-31-2006; Res. No. 08212007R002, Exh. A, 8-21-2007)