Federal Heights |
Code of Ordinances |
Chapter 70. ZONING |
Article XV. WIRELESS COMMUNICATIONS FACILITIES ("WCF") |
§ 70-904. Design standards.
(a)
The requirements set forth in this section shall apply to the location and design of all WCFs governed by this section; provided, however, that the city may waive these requirements if it determines that the goals of this section are better served thereby. To that end, WCFs shall be designed and located to minimize the impact on the surrounding neighborhood and to maintain the character and appearance of the city, consistent with other provisions of the Code.
(1)
Camouflage/concealment. All WCFs and any transmission equipment shall, to the extent possible, use camouflage design techniques including, but not limited to the use of materials, colors, textures, screening, undergrounding, landscaping, or other design options that will blend the WCF to the surrounding natural setting and built environment. Design, materials and colors of WCFs shall be compatible with the surrounding environment. Designs shall be compatible with structures and vegetation on the same parcel and adjacent parcels.
a.
Camouflage design may be of heightened importance where findings of particular sensitivity are made (e.g. proximity to historic or aesthetically significant structures, views, and/or community features). In such instances where WCFs are located in areas of high visibility, they shall (where possible) be designed (e.g., placed underground, depressed, or located behind earth berms) to minimize their profile.
b.
The camouflage design may include the use of alternative tower structures should the director determine that such design meets the intent of the Code and the community is better served thereby.
c.
All WCFs, such as antennas, vaults, equipment rooms, equipment enclosures, and tower structures shall be constructed out of non-reflective materials (visible exterior surfaces only).
(2)
Hazardous materials. No hazardous materials shall be permitted in association with WCFs, except those necessary for the operations of the WCF and only in accordance with all applicable laws governing such materials.
(3)
Colocation. WCFs shall be designed and constructed to permit the facility to accommodate WCFs from at least two wireless service providers on the same WCF unless the city approves an alternative design to the extent such design is reasonably feasible based upon construction, engineering and design standards. No WCF 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 demonstrating why colocation is not possible at a particular facility or site.
(4)
Siting.
a.
No portion of any WCF may extend beyond the property line of the lot upon which it is located.
b.
Colocation. WCFs may be required to be designed and constructed to permit the facility to accommodate WCFs from at least two wireless service providers on the same WCF unless the city approves an alternative design. No WCF owner or operator shall unfairly exclude a competitor from using the same facility or location.
c.
WCFs shall be sited in a location that does not reduce the parking for the other principal uses on the parcel below Code standards.
(5)
Lighting. WCFs shall not be artificially lighted, unless required by the FAA or other applicable governmental authority, or the WCF is mounted on a light pole or other similar 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 greatest extent possible so as to minimize the amount of glare and light falling onto nearby properties, particularly residences.
(6)
Landscaping and fencing requirements.
a.
WCFs shall be sited in a manner that does not reduce the landscaped areas for the other principal uses on the parcel, below Code standards.
b.
WCFs shall be landscaped with a buffer of plant materials that effectively screen the view of the WCF from adjacent residential property. The standard buffer shall consist of the front, side, and rear landscaped setback on the perimeter of the site.
c.
In locations where the visual impact of the WCF would be minimal, the landscaping requirement may be reduced or waived altogether by the director.
d.
Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. In some cases, such as WCFs sited on large, wooded lots, natural growth around the site perimeter may be a sufficient buffer.
e.
No trees larger than four inches in diameter measured at four and one-half feet high on the tree may be removed, unless authorized by the director. To obtain such authorization the applicant shall show that tree removal is necessary, the applicant's plan minimizes the number of trees to be removed and any trees removed are replaced at a ratio of two to one.
(7)
Noise. Noise generated on the site must not exceed the standards in the Code, except that a WCF owner or operator shall be permitted to exceed Code noise standards for a reasonable period of time during repairs, not to exceed two hours without prior authorization from the city.
(8)
Adjacent to single-family residential uses. WCFs shall be sited in a manner that considers the proximity of the facility to residential structures and residential district boundaries. When placed by residential property, the WCF shall be placed adjacent to the common side yard property line between adjoining residential properties, such that the WCF minimizes visual impacts equitably among adjacent properties. In the case of a corner lot, the WCF 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 reasonably feasible from a construction, engineering or design perspective, the applicant may submit a written statement to the director requesting the WCF be exempt from these requirements.
(9)
Additional design requirements shall be applicable to the various types of WCFs as specified below:
a.
Base stations. If an antenna is installed on a structure other than a tower, or alternative tower structure, such as a base station (including, but not limited to the antennas and accessory equipment) it shall be of a neutral, non-reflective color that is identical to, or closely compatible with, the color of the supporting structure, or uses other camouflage/concealment design techniques so as to make the antenna and related facilities as visually unobtrusive as possible, including for example, without limitation, painting the antennas and accessory equipment to match the structure. Additionally, any ground-mounted equipment shall be located, based upon the reasonable discretion of the city, in a manner necessary to address both public safety and aesthetic concerns and may, where appropriate, require a flush-to-grade underground equipment vault.
b.
Alternative tower structures and small cell facilities.
1.
Shall be designed and constructed to look like a building, facility, or structure typically found in the area;
2.
Be camouflaged/concealed consistent with other existing natural or manmade features in the immediate proximity of the location where the alternative tower structure will be located.
3.
Height or size of the proposed alternative tower structure or small cell facility should be minimized as much as possible and shall be subject to the maximum height restrictions of the zoning district in which they are located, subject to a maximum height limit of 60 feet;
4.
Shall be sited in a manner that is least obtrusive to residential structures and residential district boundaries;
5.
Shall take into consideration the uses on adjacent and nearby properties and the compatibility of the facility to these uses;
6.
Shall be compatible with the surrounding topography, tree coverage, and foliage;
7.
Shall be designed utilizing design characteristics that have the effect of reducing or eliminating visual obtrusiveness; and
8.
Visual impacts of the proposed ingress and egress shall be minimized.
c.
Alternative tower structures and small cell facilities located in the right-of-way, requirements in addition to those set forth here in this subsection.
1.
Shall be no higher than 35 feet.
2.
Shall be no more than ten feet higher (as measured from the ground to the top of the pole) than any existing utility or traffic signal within 500 feet of the pole or structure.
3.
Any new pole for an alternative tower structure or small cell facility shall be separated from any other existing WCF facility by a distance of a least 600 feet, unless the new pole replaces an existing traffic signal, street light pole, or similar structure determined by the director.
4.
Pole-mounted components shall be located on an existing utility pole serving another utility; or be located on a new utility pole where other utility distribution lines are aerial, if there are no reasonable alternatives.
5.
Shall be camouflaged/concealed consistent with other existing natural or manmade features in the right-of-way near the location where the alternative tower structure will be located.
6.
Shall to the extent feasible, be consistent with the size and shape of pole-mounted equipment installed by communications companies on utility poles near the alternative tower structure.
7.
Shall when located near a residential property, be placed in front of the common side yard property line between adjoining residential properties. In the case of a corner lot, the facility must be placed in front of the common side yard property line adjoining residential properties, or on the corner formed by two intersecting streets.
8.
Shall be designed such that antenna installations on traffic signals are placed in a manner so that the size, appearance, and function of the signal will not be considerably altered.
9.
Facility antennas, mast arms, equipment, and other facilities shall be sized to minimize visual clutter.
10.
Any ground mounted equipment shall be installed in an underground or partially underground equipment vault (projecting not more than 36 inches above grade), or co-located within a traffic cabinet of a design approved by the director.
11.
Shall not alter vehicular circulation or parking within the right-of-way or impede vehicular, bicycle, or pedestrian access or visibility along the right-of-way. Must comply with the federal Americans with Disabilities Act and all applicable local, state, and federal law and regulations. No alternative tower structure nor small cell facility may be located or maintained in a manner that causes unreasonable interference. Unreasonable interference means any use of the right-of-way that disrupts or interferes with this use by the city, the general public, or other person authorized to use or be present upon the right-of-way, when there exists an alternative that would result in less disruption or interference. Unreasonable interference includes any use of the right-of-way that disrupts vehicular or pedestrian traffic, any interference with public utilities, and any other activity that will present a hazard to public health, safety, or welfare.
d.
Towers.
1.
Towers shall either maintain a galvanized steel finish, or, subject to any applicable FAA standards, be painted a neutral color so as to reduce visual obtrusiveness as determined by the city;
2.
Tower structures should use existing land forms, vegetation, and structures to aid in screening the facility from view or blending in with the surrounding built and natural environment;
3.
Monopole support structures shall taper from the base to the tip;
4.
All towers, excluding alternative tower structures in right-of-way, shall be enclosed by security fencing or wall at least six feet in height and shall also be equipped with an appropriate anti-climbing device. No security fencing or any portion thereof shall consist of barbed wire or chain link material;
5.
Towers shall be subject to the maximum height restrictions of the zoning district in which they are located, subject to a maximum height limit of 60 feet;
6.
Towers should be sited in a manner that is least obtrusive to residential structures and residential district boundaries where feasible;
7.
Towers should take into consideration the uses on adjacent and nearby properties and the compatibility of the tower to these uses;
8.
Towers should be designed utilizing design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
9.
Visual impacts of the proposed ingress and egress shall be minimized;
10.
No new towers shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the city that no existing WCFs can accommodate the needs that the applicant proposes to address with its tower application. Evidence submitted to demonstrate that no existing WCF can accommodate these needs may consist of the following:
i.
No existing WCFs are of sufficient height and are located within the geographic area required to meet the applicant's engineering requirements;
ii.
Existing WCFs do not have sufficient structural strength to support applicant's proposed WCF; and
iii.
The applicant demonstrates that there are other limiting factors that render existing WCFs unsuitable for colocation.
11.
A tower, located outside of the right-of-way, shall meet the greater of the following minimum setbacks from all property lines:
i.
The setback for a principal building within the applicable zoning;
ii.
Twenty-five percent of the facility height, including WCFs and transmission equipment; or
iii.
The tower height, including antennas, if the tower is in or adjacent to a residential district or residential zoned property.
iv.
Towers over 40 feet in height shall not be located within one-quarter mile from any existing tower that is over 40 feet in height, unless the applicant has shown to the satisfaction of the city that there are no reasonably suitable alternative sites in the required geographic area which can meet the applicant's needs.
e.
Related accessory equipment. Accessory equipment for all WCFs shall meet the following requirements:
1.
All buildings, shelter, cabinets, and other accessory components shall be grouped as closely as technically possible;
2.
The total footprint coverage area of the WCFs accessory equipment shall not exceed 350 square feet;
3.
No related accessory equipment or accessory structure shall exceed 12 feet in height;
4.
Accessory equipment, including but not limited to remote radio units, shall be located out of sight whenever possible by locating behind parapet walls or within equipment enclosures. Where such alternate locations are not available, the accessory equipment shall be camouflaged or concealed.
(Ord. No. 16-11, § 1, 11-14-16; Ord. No. 17-11, § 1, 8-15-2017; Ord. No. 18-16, § 5, 11-20-2018)