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Home My WebLink Aboutbocc.ord.008.2014ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, AMENDING TITLE 8 OF THE PITKIN COUNTY CODE, SPECIFICALLY THE 2006 LAND USE CODE RELATED TO WIRELESS COMMUNICATION FACILITIES Ordinance No. 00b- 2014 RECITALS Pitkin County Community Development Staff has initiated a Land Use Code amendment to amend the Pitkin County Land Use Code (PCLUC) related to Wireless Communication Facilities (FKA / Cellular Communications Facilities). Amendments will be made to following chapters and sections: Chapter 4 EXHIBIT A - Table 4-1. Permitted Uses Chapter 4 EXHIBIT B — Section 4-3-40 (g) Cellular Telephone Facility Chapter 4 EXHIBIT C — Section 4-30-50 (c) Accessory and Temporary Uses -Building Mounted Cellular Telephone Antennae Chapter 11 EXHIBIT D — Definitions 2. The Planning and Zoning Commission reviewed the proposed amendments at a regularly scheduled meeting on March 4, 2014. The Commission voted 3-1(abstention) to recommend approval to the BOCC. 3. The BOCC reviewed the application at I` Reading at a duly noticed public meeting on April 9th, 2014, and at a duly noticed public hearing on April 23rd, 2014. Evidence and testimony were presented with respect to this application. 4. The BOCC finds that the Land Use Code Amendments related to wireless communication facilities is consistent with Pitkin County's goals and policies regarding land use and development in the County. 5. The BOCC further finds that the amendments are consistent with County Comprehensive Plans and in compliance with Section 2-40-10. NOW, THEREFORE, BE IT ORDAINED by the Pitkin County Board of County Commissioners that it hereby amends the above -referenced Sections of the of the 2006 Pitkin County Land Use Code, as set forth in Exhibits A through D. INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE 9th DAY OF APRIL, 2014. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON MARCH 20, 2014. NOTICE. OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POTTED ON THE FTKIN COUNTY WEBSITE ( www.aspenpitkin.com) ON THE �� DAY OF—pOF—qpt 1 2014. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 23`d DAY OF April, 2014. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE /�t1' DAY OF 014, THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER PUBLICATION FOLLOWING FINAL ADOPTION BY THE BOARD OF COUNTY COMMISSIONERS. BOARD OF OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO t l� "2c.4tz-11 Jones Vobert A. Ittner Jr., Clerk Chair Date: sl46/ y APPROVED AS TO FORM: John Conn Attorney APPROVED AS TO CONTENT: nd Houben, Community Development Director Chapter 4 — Permitted Uses Pitkin County Land Use Code CHAPTER 4 — PERMITTED USES July 2006 Page 10 Intended for Rural Areas - - Intended for Urban Areask _.,i ... '. Eitht y e TABLE 4-I: Permitted Uses Rural Districts- Urban /.Suburban Restdenhal z Buin sess & Spe`ci511 - District y„ �- .'s.� P5 ose' RS RR RS, RS LL TR'- TR RS A.. A S B R A' VR MTI AH AH;NZ T - 1 R 1-. 2 R R K' 30 I S:,,,.,. Use Category/ G '6 35 35 30 - �, 1 I - k a t'P�_2 Use -Specific Use Type yP 0 '. & 20. 10 2 .. - R,, r .0 ISA IS .."' # .s -^" ap- - X U . �"' kA Regulations ¢ E . Y Bed and Breakfast A A A S S M S S S S §4-30-040(d) Country Inn, Guest Ranch, S S S S M S S §4-30-040(1) and Resort Cabins Hotels, Motel or Lod e S S §4-30-040(1) Meeting Hall or Conference Center (formerly Reception S S S M S S §4-30-040(0) Halls and MeetingFacilities 44A Restaurant and/or Bar M A S §4-30-040(u) Timesharing or Fractional M S §4-30-040(x) Ownership Office and Clinic Uses Financial Institution S M S S ¢4-30-040Q) Medical or Dental Clinic M §4-30-040(n) Office I I IM JA I I I I I I JA A IM I 1§4-30-040(p) Research Facility S I IM I 1§4-30-040(t) Sales and Service Uses Arts and Craft Studio, A I A A I A §4-30-040(h) Primary Building Materials and Landscaping (formerly Equipment Supplies and S S S JA §4-30-040(e) Contracting or Subcontracting) General Services S A §4-30-040(k) Personal Service Outlet M A A A §4-30-040(r) Retail Sale of Goods (formerly Places for Retailing M A A A §4-30-040(v) of Goods) Vehicle and li ui mens Uses Automobile Parking Lot, M S S M S Commercial Automobile Service Station S A 5 I 1§4-30-040(c) Vehicle and Aircraft Sales and Service (formerly Vehicle S M and Aircraft Related Business) - Other Principal Uses C0a Gil ty S Wireless Communication S S S S S S S M S I I I I S M S I §4-30-040(8) Facil i[ Junk Yard S S S §4-30-040(m) Radio or TV Transmitting S S S S S S S M S S S S S S S S S S M §4-30-040(,) Station Solar Farms S S S S- S S S S S M S S S S S 5 S SSS§4-30-50(m) &§ 4- 30-050(h)(5) Use by Federal Permit (formerly Uses, Activities & IS Facilities Permitted by S S S S S S S S M S S S 5 S S S S M S Special Use Permit Issued by Federal Agency) Accessory Structureswith A A A A A §4-30-050(a) BathingFacility A ricultural Stand A A A A A A M A A A A A A A M A §4-30-050(b) Ans and Crafts Studio, I JA JA JA JA JA A JA JA JA I JA JA JA JA JA JA JA JA JA JA IM JA Pitkin County Land Use Code CHAPTER 4 — PERMITTED USES July 2006 Page 10 Chapter 4 — permitted Uses (Code repealed and reenacted (all sections) by Ord. 014 -ll, 2006, 07-05-08; § 4-20 - Table 4-1 (part) amended Ord. 012-08, 04-09-08; Ord. 019-2009; 06-24-09; Ord. 025-09, 10-14-09; Ord. 010-11, 08-10-11; Ord. 011-11, 08-10-11) Pitkin County Land Use Code CHAPTER 4 - PERMITTED USES July 2006 Page 11 Intended for Rural Areas -. - ieas 6ttenor Areas' o _ � T : .., 'CABLE4-I Permitted Uses Rural Districts Urban /.Suburban Restilenhal BiTsiness°&'ISpectaP RS RR RS 1— RS LI R- TR- 1 TR- 2 RS A R- A R S K B R'y 30 R'y 15 R VR MH P: AH AH B VC* Pew T Use Category/ G. -6 - 35 35. 30 - - I 1 Use -Specific . Use Type 0 & 10 2 - + 15A - D } Regulations § 20 R 15 y` Accessory Building -Mounted CF41, Inr 1'elephene Wireless S S S S S S S S S S S S S S §4-30-050(c) Communication Antennae Bus Stop A A JA I A A A A IS JA JA A A JA JA JA A A A JA Camping Area A A A I M §4-30-050(4) Caretaker Dwelling Unit S S S S S S I is Is S S I S S M IS §4-30-050(e) Club House or Recreational S S S S S M I S S S S S S M Building Day Care Home A A A A A M I JA JA A A A A JA A A JA Employee Dwelling Unit S S S S S Is Is Is S I S M is Home Occupation A A A A A A A A A JA JA A A A A A JA A A M JA §4-30-050(t) Horse Boarding, Accessory A A A A S Satellite Reception Device S A JA JA IS S A JA A M 11A A A JA A A JA JA A A M JA 1§4-30-050(g) Solar Energy Collector A A A JA A A A A JA A M JA A JA A A A A A A A M A §4-30-050(h) Ground Mounted Solar Energy Collector Greater than S S S S S S S S S S M S S S S S S S S S S M S §4-30-050(hy)(5) 12' in Height Temporary Commercial Use A A A A A A A A JA A M JA A A A A A A A A A M JA §4-30-050(i) Trail A A A A A A A A JA A M JA A A A A A A A A A M JA Water Crossing or Diversion S S S S S S S S S S M S S S S S S S S S S M S Wind Powered Electric S S S S S S S M S M §4-30-0500) Generator Micro Hydro Electric Energy S S S S S S S S S S S S S S S S S S S S S S S §4-30-050(k) System Snow Storage/Dumping S S S S S S S S S S S S S S S S S S S S S Trucking (Code repealed and reenacted (all sections) by Ord. 014 -ll, 2006, 07-05-08; § 4-20 - Table 4-1 (part) amended Ord. 012-08, 04-09-08; Ord. 019-2009; 06-24-09; Ord. 025-09, 10-14-09; Ord. 010-11, 08-10-11; Ord. 011-11, 08-10-11) Pitkin County Land Use Code CHAPTER 4 - PERMITTED USES July 2006 Page 11 CHAPTER 4: PERMITTED USES Error! No text of specified style in document. Error! No text of specified style in document. Error.! No text of specified style in document. Error.! No text of specified style in document. 4-30-40 (g) Wireless Communication Facility (1) PRINCIPAL USE OF THE LAND A wireless communication facility is a principal use of land, but may be located on a legally created lot or parcel without the need to include any additional acreage for the second principal use. (2) BUILDING -MOUNTED ANTENNAE AND TOWERS Building -mounted wireless communication antennae .and towers are an accessory use of the land permitted pursuant to Sec. 4-10-10(e). (3) FREESTANDING TOWERS A freestanding tower shall not be located within two hundred (200) feet of an existing residence or school, except for a residence or school under the same ownership as the parcel containing the tower, or a residence or school where the owner has given consent to the location of the tower. In the case of a proposed tower location on a parcel adjacent to an existing vacant, developable residential parcel, the tower shall be located at least 200 feet from the potential residential development, which shall be determined as the required yard setback on a vacant parcel that is adjacent to the proposed tower site plus the required linear distance necessary on the tower parcel to affect a 200 foot separation , unless the owner of the adjacent vacant parcel consents to a proposed closer location. Any freestanding towers may be approved by the BOCC through Special Review procedures. In addition to the Special Review criteria in Section 2-30-30, the Board shall consider: 1) the extent to which a proposed tower fills unmet coverage, capacity, or technology needs; 2) the number of carriers that are confirmed to be located (or may be located) on the tower; and 3) the documented need for the proposed height based on these factors, as well as; 4) any concealment, camouflage, or screening techniques proposed for the tower. (4) CO -LOCATION REQUIRED Each new tower shall be designed to accommodate at least one (1) additional user's equipment. (5) . SETBACKS (a) All towers, shall be set back from all property lines at least a distance equal to the height of the proposed tower or the required yard setback, whichever is greater. (6) GENERAL DEVELOPMENT STANDARDS (a) Design and Neighborhood Compatibility 1. To the extent feasible, the exterior appearance of all towers and associated support structures and buildings shall be compatible with other buildings and/or the natural environment in the surrounding area. 2. Support buildings located in any residential district may not be used as an employment center, for any worker. If a support building is to be used as an employment center in a zone where such use is allowed, the use Pitkin County, Colorado Land Use Code Page 1 July 2006 CHAPTER 4: PERMITTED USES Error! No text of specified style in document. Error! No text of specified style in document. Error.! No text of specified style in document. Error.! No text of specified style in document. is subject to applicable Growth Management regulations. This provision does not prohibit the periodic maintenance or periodic monitoring of equipment and instruments. 3. No advertising sign or logo shall be permitted on any wireless communication facility. 4. The decision-making body may require any other conditions to mitigate the impact of the tower on adjacent properties and uses. (d) Buffering, Screening, and Maintenance 1. All fences and walls shall be screened with landscaping meeting the requirements of Sec. 7-20-130(d)(2)(a). 2. The Board may require that all towers and antennae and ancillary equipment be appropriately screened, provided that such screening will not interfere with the transmission and/or reception capabilities of any antennae located on the tower. 3. All aspects of wireless communications facilities shall be maintained in the condition and manner as represented and approved. For example; regular painting is expected, and any "stealth" elements such as branches and limbs shall be replaced as necessary if there is discoloration or deterioration of such elements. 4. Output power levels from the tower and/or all associated antennae shall not exceed the current federally approved levels for the tower as a whole for exposure to electromagnetic radiation. 5. Radio, television, or other electromagnetic transmission(s) or reception on other properties shall not be disturbed or diminished as pursuant to FCC standards and guidelines. (7) EXISTING TOWERS AND BASE STATIONS Requests for collocation, removal, or replacement of transmission equipment on an existing wireless communication tower or base station or replacement of towers may be approved with no additional Special Review provided the action does not substantially change the physical dimensions of the tower or base station as determined by the Community Development director pursuant to applicable federal regulations. (8) OUTSIDE EXPERTS AND DISPUTES (a) Siting of wireless communications facilities may involve complex technical issues that may require review and input by outside experts. Staff may require the applicant to pay the reasonable costs of a third -party technical study of a proposed facility. Selection of expert(s) to review the proposal shall be at the sole discretion of the decision-making body. The expert selected must be a qualified Radio Frequency engineer with general knowledge of wireless development and the design and placement of wireless communication facilities. Pitkin County, Colorado Land Use Code Page 2 July 2006 CHAPTER 4: PERMITTED USES Error! No text of specified style in document. Error! No text of specified style in document. Error.! No text of specified style in document. Error' No text of specified style in document. (b) If an applicant for a wireless communications facility claims that one or more standards of this section are inconsistent with federal law as applied to a particular property, or would prohibit the effective provision of wireless communications within the relevant market area, the decision-making body may require that the application be reviewed by a qualified Radio Frequency engineer (pursuant to (a) above) for a determination of the accuracy of such claims. Any costs shall be charged to the applicant. 4-30-50 ACCESSORY AND TEMPORARY USES (c) Building -Mounted Wireless Communication Antennae Building -mounted antennae may be located on buildings within or outside the urban growth boundaries as permitted by Section 4-20, provided that the maximum height of the building and tower or antenna does not exceed the maximum building height in the zone district by more than ten (10) feet. Land Use Code Pitkin County, Colorado July 2006 Page 3 Chapter 11 Definitions from one route to another. A bus stop may include a transit facility, where public transit vehicles other than busses may pick up or drop off passengers, and where routes for such vehicles cross and passengers may change from one route to another or from one mode of public transit to another. CAMPGROUND means an outdoor facility designed for temporary overnight accommodation of human beings in tents or shelters for recreation, education, naturalist, or vacation purposes. A campground is a primary use of land. Common accessory uses include shower or toilet facilities or small retail sales of camping -related items operated solely for the benefit of those staying in the camping area. CAMPING AREA means an area of land that is not the primary use of the property, but that is made available for temporary overnight accommodation of human beings in tents or shelters for recreation, education, naturalist, or vacation purposes. CARETAKER DWELLING UNIT (CDU) means a separate, accessory dwelling that is deed restricted to occupancy by qualified residents, as defined in the employee housing guidelines, and is subject to the restrictions of Sec. 4-30-50(e) of this Land Use Code. CARRYING CAPACITY is a term borrowed from ecology that represents the upper limit of population growth that can be achieved in a particular area when individuals are introduced into that area. Carrying capacity is used in determining the potential of an area to absorb development. Specifically, the term includes, but is not limited to: (1) the level of land use, human activity, or development for a specific area that can be accommodated permanently without an irreversible change in the quality of air, water, land or plant and animal habitats; (2) the upper limits of development beyond which the quality of human life, health, welfare, safety, or community character within an area will be impaired; (3) the maximum level of development allowable under current zoning considering the carrying capacity of the land from a physical and character based perspective. CATEGORY AFFORDABLE HOUSING OR CATEGORY INCOME AND PRICE RESTRICTED HOUSING means housing meeting the definition of Category Affordable Housing in the employee housing guidelines. CATEGORY EMPLOYEE HOUSING means affordable housing that has been deed restricted for particular income categories, as defined in more detail in the employee housing guidelines. re! Lamm 111 IRM 111 Dim 9 12 a 191211 on WWI in I CEMETERY means a parcel of land or structure dedicated to, and at least a portion of which is being used for, the interment of human or animal remains. A cemetery may include crematories, mausoleums, and columbaria. Pitkin County Land Use Code CHAPTER 11 — DEFINITIONS July 2006 Page 10 Chapter I/ Definitions USES BY FEDERAL PERMIT means any use of land or activities on the land or facilities related to those uses or activities approved pursuant to a permit issued by an agency of the federal government, and that have off-site impacts on unincorporated areas of the County not in federal government ownership. VEHICLE AND AIRCRAFT SALES AND SERVICE means the sale and rental of vehicles and aircraft, including accessory gas and fueling stations, related trucking services, bus and taxi storage and repair, and car washes. VEHICLE AND EQUIPMENT means pertaining to the maintenance, sale, or rental of motor vehicles and related equipment. This category includes automobile parts and sales, new and used automobile sales on the same lot, outside display and storage of vehicles and equipment, heavy machinery sales and service, new boat sales and service, automobile body repair, automobile assembly, painting, upholstery and rebuilding, automobile service office or garage, tire re -treading, tire dealers, and trailer rental, sale, display, and/or storage uses. Accessory uses may include incidental repair and storage, offices, and sales of parts. This is a Use Category that includes uses like, but not limited to, the following: "Automobile Service Station", "Vehicle and Aircraft Sales and Service", and other uses that the Community Development Director determines belong in this Use Category. VESTED PROPERTY RIGHT means the right to undertake and complete the development and use of property under the terms and conditions of a site specific development plan, as set forth in C.R.S. 24-68-101 et. seq. VISITOR TRIP means one automobile arrival or departure, regardless of how many individuals are in the automobile. WATER CROSSING OR DIVERSION means a ditch, pipe, bridge, culvert, structure for irrigation, drainage, flood control, or water diversion, or other pathway in which or through which water is moved or allowed to move from one point to another, in accordance with Colorado law, for purposes of irrigation, agricultural use, or domestic use within Pitkin County. WEAK SOIL AND ROCK means soil, rock or man-made fill that lacks strength to support light loads imposed by residential dwellings or structures or similar loads, that may settle unevenly under loads imposed by such structure, particularly upon application of water, or that is susceptible to slipping, flowing or creeping due to gravity or leveling as a result of wetting and drying. WIRELESS COMMUNICATION FACILITY (WCF) Means an unstaffed facility for the transmission and reception of radio or microwave signals used for commercial communications. A WCF provides data and telecommunications services, including commercial mobile services, commercial mobile data services, unlicensed wireless services, and common carrier wireless exchange access services, as defined by federal laws and regulations. WETLANDS means areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does Pitkin County Land Use Code CHAPTER I I — DEFINITIONS July 2006 Page 51