CHAPTER 11
CITY OF NORTHGLENN ZONING ORDINANCE

ARTICLE 55
COMMERCIAL MOBILE RADIO SERVICE FACILITIES

Section 11-55-1. Purpose.

The purposes of this Article are: to allow the location of commercial mobile radio service facilities ("CMRS facilities") in the City subject to certain standards; to act on applications for the location of CMRS facilities within a reasonable period of time; to encourage co-location of CMRS facilities; and to prevent unreasonable discrimination among providers of functionally equivalent services.

Section 11-55-2. Definitions.

(a)

Accessory equipment for a CMRS facility: equipment, including buildings and structures, used to protect and enable radio switching equipment, back up power and other devices incidental to a CMRS facility, but not including antennae.

(b)

Building roof-mounted CMRS facility: a CMRS facility that is mounted and supported entirely on the roof of a legally existing building or structure.

(c)

Building wall-mounted CMRS facility: a CMRS facility that is mounted and supported entirely on the wall of a legally existing building or structure.

(d)

Commercial mobile radio service facility or CMRS facility: an unmanned facility consisting of antennae and accessory equipment, and used for the reception, switching, transmission or receiving of wireless telecommunications operating at 1000 watts or less effective radiated power, and using frequencies authorized by the Federal Communications Commission ("FCC") including, but not limited to, paging, enhanced specialized mobile radio, personal communication systems, cellular telephone, point-to-point microwave signals, and similar technologies.

(e)

Equipment storage shelter: buildings, storage shelters, and cabinets used to house CMRS facility equipment.

(f)

Freestanding CMRS facility: a CMRS facility that consists of a stand-alone support structure such as a tower or monopole, and antennae and accessory equipment.

(g)

Microwave antenna: a disk-type antenna used to link communication sites together by wireless voice or data transmission.

(h)

Pole-mounted CMRS facility: a CMRS facility that is mounted and supported entirely on a legally existing traffic signal, utility pole, street light, flagpole, CMRS facility, electric transmission line, or other similar structure.

(i)

Substantial change: a type of CMRS facility modification that occurs if:

(1)

The mounting of a proposed antenna on a CMRS facility would increase the existing height of the CMRS facility by more than ten percent (10%), or by the height of one (1) additional array with separation from the nearest existing antenna not to exceed twenty feet (20'), whichever is greater, except that the mounting of the proposed antenna may exceed the size limits set forth herein if necessary to avoid interference with existing antennas; or

(2)

The mounting of the proposed antenna would involve the installation of more than the standard number of new equipment storage cabinets for the technology involved, not to exceed four (4), or more than one (1) new equipment storage shelter; or

(3)

The mounting of the proposed antenna would involve adding an appurtenance to the body of the CMRS facility that would protrude from the edge of the facility more than twenty feet (20'), or more than the width of the CMRS facility structure at the level of the appurtenance, whichever is greater, except that the mounting of the proposed antenna may exceed the size limits set forth in this paragraph if necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via a cable; or

(4)

The mounting of the proposed antenna would involve excavation outside the CMRS facility site, defined as the current boundaries of the leased or owned property surrounding the CMRS facility and any access or utility easements currently related to the site.

(j)

Whip antenna: an array of antennae that is cylindrical in shape.

[Source: Ord. 1266, 2000; 1667, 2014]

Section 11-55-3. Standards for All CMRS Facilities.

(a)

Applicability. The standards contained in this Article apply to all applications for CMRS facilities proposed as a use-by-right, or as a permitted use. The applicant shall demonstrate in writing that its proposed CMRS facility meets all applicable standards and provisions of the code.

(b)

Co-Location. The City encourages co-location of CMRS facilities when feasible to minimize the number of CMRS facility sites. To further the goal of co-location:

(1)

No CMRS facility owner or operator shall unreasonably exclude a telecommunications competitor from using the same facility or location. Upon request by the City, the owner or operator shall provide evidence explaining why co-location is not possible at a particular facility or site; and

(2)

If a telecommunications competitor attempts to co-locate a CMRS facility on an existing or approved CMRS facility or location, and the parties cannot reach an agreement, the City may require a third-party technical study to be completed at the expense of either or both parties to determine the feasibility of co-location.

(c)

Compliance with FCC standards. Upon a request by the City at any time, CMRS facility owners and operators shall verify that:

(1)

The CMRS facility complies with the current FCC regulations prohibiting localized interference with reception of television and radio broadcasts; and

(2)

The CMRS facility complies with the current FCC standards for cumulative field measurements of radio frequency power densities and electromagnetic fields.

(3)

By adopting this Section, the City is not attempting to regulate radio frequency power densities or electromagnetic fields, which regulation is controlled by the FCC.

(d)

Abandonment. If the CMRS facility ceases operation for any reason for one hundred eighty (180) consecutive days:

(1)

The owner or operator shall remove the CMRS facility; and

(2)

Any conditional use site plan approval or permit shall expire.

Section 11-55-4. Freestanding CMRS Facilities.

(a)

A permitted use permit pursuant to Section 11-55-7 shall be required prior to location of a freestanding CMRS facility in any residential zone district, including a residential planned unit development. In all other zone districts, freestanding CMRS facilities shall be a use-by-right subject only to administrative approval pursuant to Section 11-55-7.

(b)

The owner of real property on which a freestanding CMRS facility is located shall be responsible for removal of the CMRS facility if the facility is abandoned, or unused for a period of more than one hundred eighty (180) days.

(c)

Minimum setbacks for freestanding CMRS facilities: A freestanding CMRS facility shall meet the minimum setback requirements for buildings and structures of the underlying zone district. If the freestanding CMRS facility is located on the same property as a residence, the CMRS facility shall also be setback from the residence by one foot of distance for each foot of height of the CMRS facility.

(d)

Maximum height for freestanding CMRS facilities: A freestanding CMRS facility, including antennae, shall not exceed the maximum structure height limit in the zone district in which the facility is located. In no case shall a freestanding CMRS facility exceed sixty (60) feet in height.

(e)

Design standards for freestanding CMRS facilities: A freestanding CMRS facility shall meet the following design standards to minimize impacts:

(1)

The facility shall be designed to be compatible with surrounding buildings and structures and existing or planned uses in the area.

(2)

Existing land forms, vegetation, and structures shall be used to screen the facility from view and blend in the facility with the surrounding environment.

(3)

Existing vegetation shall be preserved or enhanced.

(4)

The total area of any equipment storage shelters shall not exceed four hundred (400) square feet for each CMRS facility.

(5)

Equipment storage shelters shall be grouped as closely together as technically possible.

(6)

No equipment storage shelter shall exceed fifteen (15) feet in height.

(7)

All freestanding CMRS facilities shall accommodate co-location of facilities, unless co-location is technically unfeasible.

(8)

All applicable landscape regulations shall be observed.

(9)

Any equipment that could be dangerous to persons or wildlife shall be adequately covered or fenced.

Section 11-55-5. Building Roof or Wall-Mounted CMRS Facilities.

(a)

A building roof or wall-mounted CMRS facility shall be a use-by-right in any zone district subject to administrative approval pursuant to Section 11-55-7.

(b)

A building wall-mounted CMRS facility shall adhere to the following design standards to minimize impacts:

(1)

The facility shall be screened from view and/or colored to match the building or structure to which it is attached.

(2)

The mounting of antennae shall be as flush to the building wall as possible, and in no case shall the antennae extend more than three (3) feet out from the building wall.

(3)

The facility shall not extend above the highest point of the roof of the building.

(c)

A building roof-mounted CMRS facility shall adhere to the following design standards to minimize impacts:

(1)

A building roof-mounted CMRS facility, including antennae, shall not extend more than twelve (12) feet above the height of the building on which the facility is mounted.

(2)

The facility shall be screened from view and/or colored to match the building or structure to which it is attached.

(3)

The diameter of a microwave dish antenna shall not exceed four (4) feet.

(d)

Accessory equipment for a building roof or wall-mounted CMRS facility shall be placed inside the building if feasible. All equipment storage shelters shall be grouped as closely as technically possible, and the total area of all accessory equipment, including storage shelters, shall not exceed four hundred (400) square feet per CMRS facility.

Section 11-55-6. Pole-Mounted CMRS Facilities.

(a)

Location of a pole-mounted CMRS facility in any residential zone district, including a residential planned unit development, shall require a permitted use permit pursuant to Section 11-55-7. A pole-mounted CMRS facility shall be a use-by-right in any other zone district subject to administrative approval pursuant to Section 11-55-7.

(b)

A pole-mounted CMRS facility shall adhere to the following design standards to minimize impacts:

(1)

The facility shall be designed to be compatible with surrounding buildings and structures and existing or planned uses in the area.

(2)

The facility shall be colored to match the pole to which it is attached.

(3)

The total area of all accessory equipment, including equipment storage shelters, shall not exceed four hundred (400) square feet per facility.

(4)

Equipment storage shelters shall be designed to be compatible with surrounding buildings and structures.

Section 11-55-7. Application and Approval Procedures.

(a)

CMRS facilities shall be permitted as provided in the following matrix:

A = use-by-right, administrative approval required

P = permitted use, permitted use permit required

Freestanding Building-Mounted Pole-Mounted
Residential, Residential PUD P A* P*
All other zone districts A A A

(b)

An application for approval of a proposed CMRS facility shall include all information regularly required by the Community Development Department for other development applications, in addition to the following:

(1)

A written, narrative statement describing in detail how the proposed CMRS facility will comply with each of the applicable design standards set forth in this Article.

(2)

If requested by the Community Development Department, photographic simulations showing the proposed facility and, if applicable, the structure on which it will be attached.

(c)

Procedure for administrative approval. Applicant shall submit a completed application to the Director of Community Development, who shall approve or deny the request within thirty (30) days of receipt of a completed application.

(d)

Procedure for permitted use permit. The procedures set forth in Article 30 shall be followed.

(e)

Criteria for approval or denial of application. In considering an application for location of a CMRS facility, the Director of Community Development and/or Commission shall base the decision as to the approval or denial of the application on whether the proposed CMRS facility meets the applicable design standards as outlined in this Article, rather than any criteria set forth in any other Article of this Zoning Ordinance.

(f)

Application denial. A final decision by the City to deny any application under this Article shall be in writing and supported by substantial evidence contained in a written record.

(g)

Modifications to CMRS facilities.

(1)

Any modification to a CMRS facility that differs from the original design that was approved by the City shall require new application and approval. Notwithstanding the foregoing, the City may, in its sole discretion, waive or postpone the submittal of any application requirement detailed in this Section when considering a modification request.

(2)

Any request for modification that does not substantially change the dimensions of an existing CMRS facility shall be approved by the City.

(3)

Any application for modification to a CMRS facility shall be reviewed by the City within thirty (30) days of the City's receipt of the completed modification application.

[Source: Ord. 1266, 2000; 1667, 2014]