HomeMy WebLinkAboutordinance.council.034-98Ordinance No. 34, Series of 1998
Page 1
ORDINANCE NO. 34
(Series of 1998)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO
AMENDING THE MUNICIPAL CODE BY ADOPTING REGULATIONS FOR THE
SITING, CONSTRUCTION, AND MAINTENANCE OF WIRELESS
TELECOMMUNICATION SERVICES FACILITIES AND EQUIPMENT, AND
SUPPLEMENTING AND AMENDING SECTIONS 26.04.100, DEFINITIONS, 26.40.110,
SATELLITE DISH ANTENNAS, AND 15.04.470, RADIO INTERFERENCE PROHIBITED,
OF THE MUNICIPAL CODE.
WHEREAS, the City Council has determined that the unregulated siting and construction of
wireless telecommunication service facilities within the City of Aspen will adversely impact the
historic character of the City; and
WHEREAS, pursuant to the Federal Telecommunications Act of 1996, local governments
are authorized to regulate the placement, construction and modification of wireless
telecommunication services facilities and equipment so long as such local regulations do not
unreasonably discriminate among providers of functionally equivalent services and do not prohibit,
or have the effect of prohibiting, the provision of such services; and
WHEREAS, the City Council has determined that the. regulation of wireless
telecommunication facilities is necessary to protect and enhance the aesthetic, safety and land use
planning values contained and reflected in the Aspen Municipal Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL' OF ASPEN,
COLORADO as follows:
Section One:
That Chapter 26.40 "Supplementary Regulations" of the Aspen Municipal Code be amended by the
addition of new Section 26.40.120 "Wireless Telecommunication Services Facilities and
Equipment," where said new section reads as follows:
26.40.120 Wireless Telecommunication Services Facilities and Equipment
A. Intent and Purpose. To provide design standards for cellular communication facilities in
order to ensure their compatibility with surrounding development. The unique and diverse
landscapes of the City of Aspen {tre among its most valuable assets. Protecting these assets
will require that location and design of wireless communication services facilities and
equipment be sensitive to, and in scale and harmony with, the character of the community.
The purpose of these regulations is to provide predictable and balanced standards for the
siting and screening of wireless telecommunication services facilities and equipment on
property within the jurisdiction of the City of Aspen in order to:
1. Preserve the character and aesthetics of areas which are in close proximity to wireless
telecommunication services facilities and equipment by minimizing the visual, aesthetic
and safety impacts of such facilities through careful design, siting and screening;
Ordinance No. 34, Series of 1998
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2. Protect the health, safety and welfare of persons living or working in the area
~ surrounding such wireless telecommunication services facilities and equipment from
possible adverse environmental effects (within the confine~ of the Federal
Telecommunications Act of 1996) related to the placement, construction or modification
of such facilities; ~,
3. Provide development which is compatible in appearance with allowed uses of the
underlying zone;
4. Facilitate the City's permitting process to encourage fair and meaningful competition
and, to the greatest extent possible, extend to all people in all areas of the City high
quality wireless telecommunication services at reasonable costs to promote the public
welfare; and,
5. Encourage the joint use and clustering of antenna sites and structures, when practical, to
help reduce the number of such facilities which may be required in the future to service
the needs of customers and thus avert unnecessary proliferation of facilities on private
and public property.
B. Applicability. All applications for the installation or development of wireless
telecommunication services facilities and/or equipment must receive building permits, prior
to installation. Prior to the issuance of appropriate building permits, wireless
telecommunication services facilities and/or equipment shall be reviewed for approval by the
Community Development Director in conformance with the provisions and criteria of this
Section (26.40.120). Wireless telecommunication services facilities and equipment subject
to the provisions and criteria of this Section include cellular telephone, paging, enhanced
specialized mobile radio (ESMR), personal communication services (PCS), commercial
mobile radio service (CMRS), and other wireless commercial telecommunication devices
and all associated structures and equipment including transmitters, antennas, monopoles,
towers, masts and microwave dishes, cabinets and equipment rooms. These provisions and
criteria do not apply to non-commercial satellite dish antennae, radio and television
transmitters and antennae incidental to residential use. All references made throughout this
Section, 26.40.120, to any of the devices to which this Section is applicable, shall be
construed to include all other devices to which this Section, 26.40.120, is applicable.
C. Procedure. Pursuant to Section 26.52.020, the applicant shall conduct a pre-application
conference with staff of the Community Development Department. The planner shall then
prepare a pre-application summary describing the submission requirements and any other
pertinent land use material, the fees associated with the review(s), and the review process in
general.
After the pre-application summary is received by the applicant, said applicant shall prepare
an application for review and approval by staff and the Community Development Director,
respectively. In order to proceed with additional land use reviews or obtain a Development
Order, the Community Development Director shall find the submitted development
application consistent with the provisions, requirements and standards of Section 26.40.120.
The Community Development Director may apply reasonable conditions to the approval as
deemed necessary to insure conformance with applicable review criteria. If the Community
Development Director determines that the proposed wireless telecommunication services
facilities and equipment does not comply with the review criteria and denies the application,
or the applicant does not agree to the conditions of approval determined by the Community
Development Director, the applicant may apply for conditional use review by the Planning
Ordinance No. 34, Series of 1998
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and Zoning Commission and such application must be made within fifteen (15) calendar
days of the day on which the Community Development Director's decision is rendered.
Proposals for the location of wireless telecommunication services facilities or equipment on
any historic site or structure, or within any historic district shall be reviewed by the .City's
Historic Preservation Commission (HPC). Review of applications for wireless
telecommunication services facilities and/or equipment by the HPC shall replace the need for
review by the Community Development Director. Likewise, if the Historic Preservation
Commission determines that the proposed wireless telecommunication services facilities and
equipment does not comply with the review criteria and denies the application, or the
applicant does not agree to the conditions of approval determined by the Historic
Preservation Commission, the applicant may appeal the decision to the City Council and
such appeal must be filed within fifteen (15) calendar days of the day on which the Historic
Preservation Commission's decision is rendered.
All appeals shall require public hearings, and shall be noticed by the applicant in accordance
with Section 26.52.060(E)(3)(a), (b), and (c) of the Municipal Code.
A building permit application cannot be filed unless and until final land use approval has
been granted and a Development Order has been issued. When applying for building
permit(s), the applicant shall submit a signed letter acknowledging receipt of the decision
granting land use approval and his/her agreement with all conditions of approval, as well as a
copy of the signed document granting the land use approval for the subject building permit
application.
D. Application. An application for approval of new, modified or additional wireless
telecommunication services facilities and/or equipment shall comply with the submittal
requirements applicable to conditional use reviews pursuant to Chapter 26.52, Common
Development Review Procedures, and Chapter 26.60, Conditional Uses, of the Aspen
Municipal Code. Also, wireless telecommunication services facilities and equipment
applications shall contain at least the following additional information:
1, Site Plan or plans drawn to a scale of one (I") inch equals ten (10') feet or one (1") inch
equals twenty (20') feet, including before and ',after" photographs (simulations)
specifying the location of antennas, support structures, transmission buildings and/or
other accessory uses, access, parking, fences, signs, lighting, landscaped areas and all
adjacent land Uses within one-hundred fifty (150') feet. Such plans and drawings should
demonstrate compliance with the Review Standards of this Section (26.40.120(F)).
2. Site Improvement Survey including topography and vegetation showing the cm~ent
status, including all easements and vacated rights of way, of the parcel certified (wet ink
signed and stamped, and dated within the past twelve (12) months) by a registered land
surveyor, licensed in the State of Colorado.
: 3. Landscape Plan drawn to a scale of one (1") inch equals ten (10') feet or one (1") inch
equals twenty (20') feet, including before and "after" photographs (simulations)
indicating size, spacing and type of plantings, and indicating steps to be taken to provide
screening as required by the Review Standards of this Section (26.40.120(F)(5)). The
landscape plan(s) shall also indicate the size, location and species of all existing
vegetation and whether each of those indicated are proposed for removal (indicate
proposed mitigation), relocation (indicate from and to), or preservation. The planner can
determine if a landscape plan is necessary; for instance, ~vhen an antenna is to be
attached to a building, this requirement may be waived.
Ordinance No. 34, Series of 1998
Page 4
4. Elevation drawings or before and "afier" phOtographs/drawings ~imulating and
specifying the location and height of antennas, support structures, transmission
building(s) and/or other accessory uses, fences, and signs.
~5. Lighting plan and photometric study indicating the size, height, location and wattage of
all proposed outdoor lighting sources. This study must also include a graphic indicating
the spread mad degree/intensity of light from each source/fixture. This requirement can
be waived by the Community Development Director if little or no outdoor lighting is
proposed.
6. Structural Integrity Report from a professional engineer licensed in the State of Colorado
documenting the following:
a. Tower height and design, including technical, engineering, economic, and other
pertinent factors governing selection of the proposed design;
b. Total anticipated capacity of the structure, including number and types of antennas
which can be accommodated;
c. Failure characteristics of the tower and demonstration that site and setbacks are of
adequate size to contain debris in the event of failure; and,
d. Specific design and reconstruction plans to allow shared use. This submission is
required only in the event that the applicant intends to share use of the facility by
subsequent reinforcement and reconstruction of the facility.
7. FAA and FCC Coordination. Statements regarding the regulations of the Federal
Aviation Administration (FAA) and the Federal Communications Commission (FCC),
respectively, that:
a. (Required only if the facility is near an airfield) the application has not been found to
be a hazard to air navigation under Part 77, Federal Aviation, Federal Aviation
Regulations, or a statement that no compliance with Part 77 is required, and the
reasons therefor. A letter from the Sardy Field Airport Administrator will also be
required if the Community Development Director determines that the proposed
facility may impact airport operations;
b. (Required of all wireless telecommunication services facility or equipment
applicants) the application complies with the regulations of the Federal
Communications Commission with regard to maximum radio frequency and
electromagnetic frequency emissions, or a statement from the applicant that no such
compliance is necessary, and the reasons therefor.
8. Evidence that an effort was made to locate on an existing wireless telecommunication
services facility site including coverage/interference analysis and capacity analysis and a
brief statement as to other reasons for success or no success.
9. Written documentation in the form ora signed affidavit demonstrating a good faith effort
in locating facilities in accordance with Site Selection Order of Preference outline below
in Section 26.40.120(E)(2).
10. All companies and providers of wireless telecommunication service facilities and
equipment within the City shall, during their pre-application conference for a new
facility, be prepared to verbally outline, to the best of current knowledge, a master or
long-term plan for all proposed sites within a three-mile radius of the City. In particular,
companies and providers should be prepared to discuss their need for the proposed site
and how it fits into their existing and proposed coverage grids.
E. General Provisions and Requirements. The following provisions apply to all wireless
telecommunication services facilities and equipment applications, sites, and uses.
1. Prohibitions. Lattice towers (a structure, with three or four steel support legs, used to
support a variety of antennae; these towers generally range in height from 60 to 200 feet
Ordinance No. 34, Series of 1998
Page 5
and are constructed in areas where great height is needed, microwave antennas are
r~'~'' required, or where the weather demands a more structurally-sound design) are prohibited
within the City of Aspen.
Towers (support structures) shall be prohibited in the following zone districts: Medium-
Density Residential (R-6); Moderate-Density Residential (R-15, R-15A, R-15B); Low-
Density Residential (R-30); Residential Multi-Family (RAVIF, R/MFA); and, Affordable
Housing/Planned Unit Development (AH-1/PUD).
All wireless telecommunication services facilities and equipment not prohibited by the
preceding statements shall be allo~ved in all other zone districts subject to review and
approval by the Community Development Director pursuant to the provisions,
requirements and standards of Section 26.40.120, including consistency with the
dimensional requirements of the underlying zone district.
2. Site Selection. Wireless communication facilities shall be located in the following Order
of Preference:
First: On existing structures such as buildings, communication towers, flag poles,
church steeples, cupolas, ballfield lights, non-ornamental/antique street lights
such as highway lighting, etc.
Second: In locations where the existing topography, vegetation, buildings, or other
structures provide the greatest amount of screening.
Least: On vacant ground or hilly visible sites without significant visual mitigation
and where screening/buffering is difficult at best.
3. Interference. See Section 15.04.470, Radio Interference Prohibited, of the Municipal
~'~" Code.
4. Airports and Flight Paths. Wireless telecommunication services facilities and equipment
shall not present a hazard to air navigation under Part 77, Federal Aviation, Federal
Aviation Regulations.
5. Historic Sites and Structures. In addition to the applicable standards of Chapter 26.72,
all of the foregoing and following provisions and standards of Section 26.40.120 shall
apply when wireless telecommunication services facilities and equipment are proposed
on any historic site or structure, or within any historic district.
6. Public Buildings, Structures and Rights-of-Way. Leasing of public buildings, publicly-
owned structures, and/or public rights-of-way for the purposes of locating wireless
telecommunication services facilities and/or equipment is encouraged. In cases where a
facility is proposed on City property, specific locations and compensation to the City
shall be negotiated in lease agreements between the City and the provider on a case-by-
case basis, and would be sub.~ect to all of the review criteria contained in this Section
(26.40.120). Such agreements would not provide exclusive arrangements that could tie
up access to the negotiated site(s) or limit competition, and must allow for the possibility
of "co4ocating" (sharing of facilities) with other providers as described in Section
26.40.120(E)(7), below.
7. Co-Location. Co-location, or sharing, of facilities with other providers is encouraged.
~ Co-location can be achieved as either building-mounted, roof-mounted or ground-
~ mounted facilities. In designing poles, applicants are strongly encouraged to consider the
Ordinance No. 34, Series of 1998
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possibility of present or future co-location of other wireless communication equipment
by structurally overbuilding in order to handle the loading capacity of additional
antennas, for the use of the company and for other companies to use as well. Applicants
shall use good faith efforts to negotiate lease rights to other telecommunications users
who desire to use the monopole. Co-location on an existing support structure (tower)
shall be permitted as an accessory use. A maximum of two (2), twenty-four (24') inch
diameter dish antennas are permitted per monopole. Projections of any type on the
monopole, which are not antennas, are strongly discouraged.
Multiple use facilities are encouraged as well. Wireless telecommunication services
facilities and equipment may be integrated into existing or newly developed facilities
that are functional for other purposes, such as'ball field lights, flag poles, chumh steeples,
highway lighting, etc: All multiple use facilities shall be designed to make the
appearance of the antennae relatively inconspicuous.
The co-location requirement may be waived by the Community Development Director
upon a showing that either federal or state regulations prohibit the use, the proposed use
will interfere with the current use, the proposed use will interfere with surrounding
property or uses, the proposed user will not agree to reasonable terms, or such co,
location is not in the best interest of the public health, safety or welfare. Time needed to
review a co-location request shall not greatly exceed that for a single applicant.
8. Maintenance. All towers, antennas, related facilities and equipment, and subject sites
shall be maintained in a safe and clean manner in accordance with project approvals and
building codes. The operator/property owner shall be responsible for maintaining free
from graffiti, debris and litter, those areas of the site which are adjacent to the premises
over which s/he has control. The applicant shall be responsible for reasonable upkeep of
the facility and subject property. All towers, antennas and related facilities shall be
subject to periodic inspection to ensure continuing compliance with all conditions of
approval and requirements of this section.
9. Abandonment and Removal. All required approvals will be in effect only so long as the
antenna(s) and other structures are operated at the site. Facilities that are not in use for
ninety (90) consecutive days for'cellular communication purposes shall be considered
abandoned and shall be removed by the facility owner. The site shall be restored to the
condition it was in prior to the installation/location of the facility. Such removal shall be
carried out in accordance with proper health and safety requirements.
A written notice of the determination of abandonment shall be sent or delivered to the
operator of the wireless communication facility. The operator shall have ninety (90)
days to remove the facility or provide the Community Development Department with
evidence that the use has not been discontinued. The Community Development Director
shall review all evidence and shall determine whether or not the facility is abandoned.
Upon refusal or failure of an owner and/or operator to timely remove a facility as
required under this section, the facility shall be deemed an abandoned illegal structure
subject to abatement as a public nuisance.
10. Conditions and Limitations. The City shall reserve the right to add, modify or delete
conditions after the approval of a request in order to advance a legitimate City interest
related to health, safety or welfare. Prior to exercising this right, the City shall notify the
Ordinance No. 34, Series of 1998
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owner and operator in advance and shall not impose a substantial expense or deprive the
affected party of a substantial revenue source in the exercising of such right.
Approval by the Community Development Director for a wireless telecommunication
services facility and/or equipment application shall not be construed to waive any
applicable zoning or other regulations; and wherein not otherwise specified, all other
requirements of the Aspen Municipal Code shall apply. All requests for modifications of
existing facilities or approvals shall be submitted to the Community Development
Director for review under all provisions and requirements of this Section (26.40.120). If
other than minor changes are proposed, a new, complete application containing all
proposed revisions shall be required.
F. Review Standards. The following standards are designed to foster the City's safety and
aesthetic interests without imposing .unreasonable limitations on wireless telecommunication
services facilities and equipment.
1. Setbacks, At a minimum, all wireless telecommunication services facilities and
equipment shall comply with the minimum setback requirements of the underlying zone
district; if the following requirements are more restrictive than those of the underlying
zone district, the more restrictive standard shall apply.
a. All facilities shall be located at least fifty (50) feet from any property lines, except
when roof-mounted (above the cave line of a building). Flat-roof mounted facilities
visible from ground level within one-hundred (100) feet of said property shall be
concealed to the extent possible within a compatible architectural element, such as a
chimney or ventilation pipe, or behind architectural skirting of the type generally
used to conceal HVAC equipment. Pitched-roof mounted facilities shall always be
concealed within a compatible architectural element, such as chimneys or ventilation
pipes.
b. Monopole towers shall be set back from any residentially zoned properties a distance
of at least three (3) times the monopole's height (i.e., a sixty (60) foot setback would
be required for a twenty (20) foot monopole), and the setback from any public road,
as measured from the right-of-way line, shall be at least equal to the height of the
monopole.
c. No wireless communication facility may be established within one-hundred (I00)
feet of any existing, legally established wireless communication facility except when
located on the same building or structure.
d. No portion of any antenna array shall extend beyond the property lines or into any
front yard area~ Guy wires shall not be anchored within any front yard area, but may
be attached to the building.
2. Height. Wireless telecommunication services facilities and/or equipment shall not
exceed thirty-five (35) feet in height or the maximum permissible height of the given
zone district, whichever is more restrictive. In addition:
a. Whenever a wireless telecommunication services antenna is attached to a building
roof, the antenna and support system for panel antennas shall not exceed five (5) feet
above the highest portion of that roof, including parapet walls, and the antenna and
support system for whip antennas shall not exceed fifteen (15) feet above the highest
portion of that roof, including parapet walls.
b. If the building itself exceeds the height limitations of the zone, and such excess
height was legally established (i.e., granted a variance, approved by PUD, etc.), then
the combined height of the building and antenna shall not exceed the maximum
Ordinance No. 34, Series of 1998
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height allowed by such approval unless determined by the Community Development
Director to be suitably camouflaged.
c. If tile building is constructed at or above the zone district's height limit, or if
combined height of the building and the antenna would exceed the applicable height
limit, the additional height of the antenna must be reviewed pursuant to the process
and standards (in addition to the standards of this Section, 26.40.120) of conditional
use review, Section 26.60.040, unless determined by the Community Development
Director to be suitably camouflaged (in which case an administrative approval may
be granted),
d. Support and/or switching equipment shall be located inside the building, unless it can
be fully screened from view as provided in the Screening standards (26.40.120(F)(5))
below.
3. Architectural Compatibility. Whether manned or unmanned, wireless
telecommunication services facilities shall be consistent with the architectural style of
the surrounding architectural environment (planned or existing) considering exterior
materials, roof form, scale, mass, color, texture and character. In addition:
a. If such facility is accessory to an existing use, the facility shall be constructed out of
materials that are equal to or of better quality than the materials of the principal use.
b. Wireless telecommunication services equipment shall be of the same color as the
building or structure to which or on which such equipment is mounted, or as required
by the appropriate decision-making authority (Community Development Director,
Historic Preservation Commission, Planning and Zoning Commission, or City
Council, as applicable).
c. Whenever wireless telecommunication services equipment is mounted to the wall of
a building or structure, the equipment shall be mounted in a configuration designed
to blend with and be architecturally integrated into a building or other concealing
structure, be as flush to the wall as technically possible, and shall not project above
the wall on which it is mounted.
d. Monopole support buildings, which house cellular switching devices and/or other
equipment related to the use, operation or maintenance of the subject monopole,
must be designed to match the architecture of adjacent buildings. If no recent and/or
reasonable architectural theme is present, the Community Development Director may
require a particular design that is deemed to be suitable to the subject location.
e. All utilities associated with wireless communication facilities or equipment shall be
underground (also see "Screening" below).
4. Compatibility With the Natural Environment. Wireless telecommunication services
facilities and equipment shall be compatible with the surrounding natural environment
considering land forms, topography, and other natural features, and 'shall not dominate
the landscape or present a dominant silhouette on a ridge line. In addition:
a. If a location at or near a mountain ridge line is selected, the applicant shall provide
computerized, three dimensional, visual simulations of the facility or equipment and
other appropriate graphics to demonstrate the visual impact on the view of the
affected ridge(s) or ridge line(s); an 8040 Greenline Review, pursuant to the
provisions of Section 26.68.030, may also be required.
b. Site disturbances shall be minimized, and existing vegetation shall be preserved or
improved to the extent possible, unless it can be demonstrated that such disturbance
to vegetation and topography results in less visual impact to the surrounding area.
c. Surrounding view planes shall be preserved to the extent possible.
Ordinance No. 34, Series of 1998
Page 9
d. All wireless telecommunication services facilities and equipment shall comply with
the Federal Communication Commission's regulations concerning maximum radio
frequency and electromagnetic frequency emissions.
5. Screening. Roof and ground mounted wireless telecommunication services facilities and
equipment, including accessory equipment, shall be screened from adjacent and nearby
public rights-of-way and public or private properties by paint color selection, parapet
walls, screen walls, fencing, landscaping, and/or berming in a manner compatible with
the building's and/or surrounding environment's design, color, materials, texture, land
forms and/or topography, as appropriate or applicable. In addition:
a. Whenever possible, if monopoles are necessary for the support of antennas, they
shall be located near existing utility poles, trees, or other similar objects; consist of
colors and materials that best blend with their background; and, have no individual
antennas or climbing spikes on the pole other than those approved by the appropriate
decision-making authority (Community Development Director, Historic Preservation
Commission, Planning and Zoning Commission, or City Council, as applicable).
b. For ground mounted facilities, landscaping may be required to achieve a total
screening effect at the base of such facilities or equipment in order to screen the
mechanical characteristics; a heavy emphasis on coniferous plants for year-round
screening may be required. Landscaping shall be of a type and variety capable of
growing within one (1) year to a landscape screen which satisfactorily obscures the
visibility of the facility.
c. Unless otherwise expressly approved, all cables for a facility shall be fully concealed
from view underground or inside of the screening or monopole structure supporting
the antennas; any cables that cannot be buried or otherwise hidden from view shall
be painted to match the color of the building or other existing structure.
d. Chain link fencing shall be unacceptable tO screen facilities, support structures, or
accessory and related equipment (including HVAC or mechanical equipment present
on support buildings); fencing material, if used, shall be six (6) feet in height or less
and shall consist of wood, masonry, stucco, stone or other acceptable materials that
are opaque.
e. Notwithstanding the foregoing, the facility shall comply with all additional measures
deemed necessary to mitigate the visual impact of the facility. Also, in lieu of these
screening standards, the Community Development Director may allow use of an
alternate detailed plan and specifications for landscape and screening, including
plantings, fences, walls, sign and structural applications, manufactured devices and
other features designed to screen, camouflage and buffer antennas, poles and
accessory uses. For example, the antenna and supporting structure or monopole may
be of such design and treated with an architectural material so that it is camouflaged
to resemble a tree with a single trunk and branches on its upper part. The plan should
accomplish the same degree of screening achieved by meeting the standards outlined
above.
6. Lighting and Signage. In addition to other applicable sections of the code regulating
signage or outdoor lighting, the following standards shall apply to wireless
telecommunication services facilities and equipment:
a. The light source for security lighting shall feature down-directional, sharp cut-off
luminaries to direct, control, screen or shade in such a manner as to ensure that there
is no spillage of illumination off-site.
b. Light fixtures, whether free-standing or tower-mounted, shall not exceed twelve (12)
feet in height as measured from finished grade.
Ordinance No. 34, Series of 1998
Page l 0
c. The display of any sign or advertising device other than public safety warnings,
certifications or other required seals on any wireless communication device or
structure is prohibited.
d. The telephone number(s) to contact in an emergency shall be posted on each facility
in conformance with the provisions of Chapter 26.36 of the Aspen Municipal Code.
7. Access Ways. In addition to ingress and egress requirements of the Building Code,
access to and from wireless telecommunication services facilities and equipment shall be
regulated as follows:
a. No wireless communication device or facility shall be located in a required parking,
maneuvering or vehicle/pedestrian circulation area such that it interferes with, or in
any way impairs, the intent or functionality of the original design.
b. The facility must be secured from access by the general public but access for
emergency services must be ensured. Access roads must be capable of supporting all
potential emergency response vehicles and equipment.
c. The proposed easement(s) for ingress and egress and for electrical and telephone
shall be recorded at the Pitkin County Clerk and Recorder's Office prior to the
issuance of building permits.
Section Two:
That Section 26.04.100, Definitions, of the Aspen Municipal Code be amended by the addition ora
definition for the term "wireless telecommunication services facilities and/or equipment," and by
revising the definitions of the terms ~public facilities," essential services," and "satellite dish
antenna or satellite radio frequency signal reception and/or transmission device," where said new
section provides as follows (language ~ signifies text to be removed while all other text is
to be added or used to replace existing text, as applicable):
Wireless Telecommunication Services Facilities and/or Equipment means cellular telephone,
paging, enhanced specialized mobile radio (ESMR), personal communication services (PCS),
commercial mobile radio service (CMRS), and other wireless commercial telecommunication
devices and all associated structures and equipment including transmitters, antennas, monopoles,
towers, masts and microwave dishes, cabinets and equipment rooms. This definition does not apply
to non-commercial satellite dish antennae, radio and television transmitters and antennae incidental
to residential use.
A. "Cellular" means an analog or digital wireless communication technology that is based on a
system of interconnected neighboring cell sites, each of which contains antenna.
B. "Enhanced Specialized Mobile Radio" (ESMR) means a digital wireless communication
technology that specializes in providing dispatching services.
C. "Personal Communication Services" (PCS) means a digital wireless communication
technology that has the capacity for multiple communications services and will provide a
system in which calls will be routed to individuals rather than places, regardless of location.
Public facilities means major capital improvements, including but not limited to transportation,
sanitary sewer, solid waste, drainage, potable water, education, and parks and recreation facilities.
Commercial wireless telecommunication services facilities and/or equipment are not public
facilities, but those used exclusively for police, fire and/or other emergency response communication
systems shall be considered public facilities.
Essential services means the development or maintenance by public utilities or the city of
underground, surface or overhead gas, electrical, steam, fuel or water transmission or distribution
Ordinance No. 34, Series of 1998
Page 11
systems including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and
police call boxes, traffic signals, hydrants, and similar equipment. The development or maintenance
of commercial wireless telecommunication services facilities and/or equipment is not an essential
service, but the development or maintenance of wireless telecommunication services facilities and/or
equipment used exclusively for police, fire and/or other emergency response communication systems
shall be considered essential services.
Satellite dish antenna or satellite radio frequency signal reception and/or transmission
device means a dish-shaped or parabolic-shaped reception or transmission device, is used for the
reception and/or transmission of satellite signals, including but not limited to television signals,
AM radio signals, FM radio signals, telemetry signals, data ....... ~*:"~ ~:~-~
..................... ~, ...... or any other
reception or transmission signals Using free air space as a medium, whether for commercial or
private use~. This definition does not apply to Wireless telecommunication services facilities
and/or equipment including cellular telephone, paging, enhanced specialized mobile radio.
(ESMR), personal communication services (PCS), commercial mobile radio service (CMRS),
and other wireless commercial telecommunication devices and ail associated structures and
equipment including transmitters, antennas, monopoles, towers, masts and microwave dishes,
cabinets and equipment rooms, pma4ge~.
Section Three:
That Section 26.40.110, Satellite Dish Antennas, of the Aspen Municipal Code be amended as
follows (language stricken cut signifies text to be removed while text in bold print is to be added):
26.40.110 Satellite dish antennas.
A. Satellite Dish Antennas.
1. Satellite dish antennas twenty-four (24) inches in diameter or less must receive building
permits, if required, prior to installation, Prior to the issuance of appropriate building
permits, satellite dish antennas +.,,~,..~*'' _.~'-'~ ~ .,~..~o:-~'°~ or greater than twenty-four (24)
inches in diameter shall be reviewed and approved by the Community Development
Director in conformance with the following criteria: ................... ~ .... ~.
a, The proposed use is consistent and compatible with the character of the
immediate vicinity of the parcel proposed for development and surrounding land
uses, or enhances the mixture of complimentary uses and activities in the
immediate vicinity of the parcel proposed for development; and
b. The location, size, design and operating characteristics of the proposed use
minimizes adverse effects, including visual impacts, impacts on pedestrian and
vehicular circulation, parking, trash, service delivery, noise, vibrations and odor
on surrounding properties.
Ordinance No. 34 Series of 1998
Page 12
c. Area and Bulk Requirements. The installation ora satellite dish antenna shall not
cause a violation of area and bulk requirements within the zone district in which it
is located, unless a variance is granted by the Board of Adjustment.
d. Right-of-way. A satellite dish antenna shall not be placed on an easement or in the
city right-of-way, unless an encroachment permit is secured.
e. Increased Danger. The installation of a satellite dish antenna shall not cause any
increased danger to neighboring property in the event of collapse or other failure
of the antenna structure.
f. Visual Impact. The visibility of the dish from the public way shall be reduced to
the highest degree practical including, but not limited to, sensitive choice in
placement of the dish, screening with fencing, landscaping, subgrade placement,
or any other effective means that both screen the dish and does not appear to be
unnatural on the site.
2. The Community Development Director may apply reasonable conditions to the approval
deemed necessary to insure conformance with said review criteria. If the Community
Development Director determines that the proposed satellite dish antenna does not comply
with the review criteria and denies the application, or the applicant does not agree to the
conditions of approval determined by the Community Development Director, the applicant
may apply for conditional use review by the Planning and Zoning Commission.
3. ~. Procedures established in Chapter 26.52, Common Development Review Procedures,
shall apply to all Satellite dish antennas.
Section Four:
Tha, t Section 15.04.470, Radio Interference Prohibited, of the Aspen M.unicipal Code be amended as
follows (language ............. stgmfies text to be removed whale text m bold print is to be added):
15.04.470 Radio interference prohibited.
(a) It shall be unlawful for any person to operate within the limits of the city, any electrical
device, machine or ~equipment which needlessly and unnecessarily causes interference with
radio, television or other reception, where such interference can be reasonably prevented by
means of repair, adjustments, the installation of corrective appliances or other practicable
alterations.
(b) The administration and enforcement of this section shall be entrusted to and imposed upon
the bmld..~,...~rw.v.~ ..... v. w.~,*~ ~ .............. r ......... Chief Building Official whose
duty it shall be to investigate complaints of radio interference, to !ccate the :carce cf :',:'ch
imefferenc~ by finding a qualified, mutually agreeable third party to test actual site
conditions, locate the source of such interference, and advise and make
recommendations as to its elimination. The Chief Building Official ':.'Sc is hereby
authorized to issue orders for such repairs, adjustments, or alterations to be complied with
within a reasonable length of time, as shall be practicable and reasonably necessary to
prevent the continuance of such interference. The cost of testing shall be borne by the
facility/equipment operator for the first claim made by a claimant, then by the claimant
for subsequent claims; however, costs of testing for all verified cases of interference
shall be reimbursed to the claimant by the operator of the facility/equipment causing
said interference.
(c) The *'":~'::~; ..... * ..... .~.~. ~.: ..... .~ ^cc,~:~ Chief Building Official shall, upon
presentation of his/her badge or other evidence of his/her authority, have the right of access
to any premises at any reasonable hour for the purpose of inspecting this the installation and
operation of any device or equipment coming within the provisions of this section.
Ordinance No. 34, Series of 1998
Page 13
Section Five:
This o~dinance shall not have any effect on existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of any ordinance repealed or amended as
herein provided, and the same shall be construed and concluded under such prior ordinances.
Section Six:
The provisions of this ordinance are severable and the invalidity of any section, phrase, clause or
portion of the ordinance as determined by a court of competent jurisdiction shall not affect the
validity or effectiveness of the remainder of the ordinance.
INTRODUCED, READ, APPROVED AND ORDERED PUBLISHED ON FIRST
READING on the 27th day of July, 1998.
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
Jo(rll~-~or~ce~s~e~r,-City Attorney John , Mayor
ATTEST:
kathlm S. Kff CSty' C ork
INTRODUCED and FINELY ADOPTED ~TER PUBLIC HE~NG on the 24th
day of August, 1998.
ATI~ST:
Ka~n S. ~, CiW Clerk
c:~ome/mi~uncil/wimord.doc