EL PASO COUNTY
LAND DEVELOPMENT CODE

Chapter IV - Section 35.11
Requirements for a Commercial Tower
or Private Tower

1.   General Requirements

a.   A commercial tower may only be approved in those zones where such use is subject to Special Review.

b.   In addition to meeting the Special Review standards set forth in Section 35.8, a commercial tower shall also comply with the standards contained in this section.

c.   A commercial tower shall be excepted from the structural height restrictions of the zones in which such a facility is subject to Special Review.

d.   Accessory uses to a commercial tower shall not include offices, broadcast studios, or long-term vehicle storage.

e.   A commercial tower, and accessory buildings, must comply with the land-scaping requirements as contained in Section 35.12.

2.   Additional Standards for Approval of a Use Subject to Special Review for a Commercial Tower

a.   Existing or approved towers cannot accommodate the telecommunica-tions equipment planned for the proposed tower.

b.   The tower shall not constitute a hazard to aircraft.

c.   The tower shall be placed on the property to contain on-site all ice-fall or debris from tower failure.

d.   The proposed tower shall provide for shared capacity, if tech-nically practicable.

e.   The tower shall have the least practicable adverse visual impact on the environment.

f.   The proposed tower shall not emit radiation that will adversely affect human health.

g.   The proposed tower shall be the minimum height needed to accommodate the antenna.

h.   The proposed tower shall comply with all applicable federal and state regulations.

i.   The design of the proposed tower shall insure structural integrity.

j.   The proposed tower shall have adequate measures to discourage unauthorized climbing and to insure the security thereof.

k.   All reasonably possible sites for the tower have been considered, and the proposed site is the most appropriate, available site from a land use perspective.

B.   PRIVATE TOWERS

1.   General Requirements (Detached Private Towers)

All private towers constructed shall be subject to these General Requirements unless a Special Review has been approved as provided within these regulations.

a.   A private tower may only be approved in those zone districts where such use is listed as a Permitted Principal Use or a Use Subject to Special Review.

b. Unless approved through the Special Review process identified in Section 35.11 B.2., no private tower, including the main structure and any retractable, nonretractable extension, or antenna, shall extend higher than the following height limitations:

1)   Within the F (Forest), F-1 (Forest & Recreation) [F (Forest & Recreation) District*], A-1 (Garden Home) [RR-1 (Rural Residential) District*], A-2 (Agricultural), A-4 (Agricultural) [RR-3 (Rural Residential) District*], A-5 (Agricultural), A-6 (Rural Residential) [RR-2 (Rural Residential) District*], R-T (Residential-Topographic), R (Residential), R-1 (Residential, R-2 (Residential), R-3 (Residential), and R-4 (Planned Development) Districts, two (2.0) times the height limit of the zone district;

2)   Within the A-35 (Agricultural) District, one hundred (100) feet; and

3)   Within the C-1 (Commercial), C-2 (Commercial), POC (Planned Office Complex), NBD (Neighborhood Business), PBP (Planned Business Park), PBD (Planned Business District), PBC (Planned Business Center), M (Industrial), R&D (Research & Develop-ment), PID (Planned Industrial), PHID (Planned Heavy Industrial), MHP (Mobile Home Park), MHS (Mobile Home Subdivision), TTP (Travel Trailer Park) [RVP (Recreational Vehicle Park) District*], and RV (Recreational Vehicle [RVS (Recreational Vehicle Subdivision) District*] Districts, one and one-half (1.5) times the height limit of the zone district.

* Pending Board of County Commissioners' approval of Comprehensive Code Revisions.

c.   Unless approved through the Special Review process, only one (1) private tower shall be constructed on a property. One (1) private tower may include up to two (2) supporting structures in the event that it is necessary to support one (1) antenna.

d.   A private tower and related structural components shall comply with the following requirements:

1)   Not be located within the setbacks prescribed by the zoning for the principal structure.

2)   Supporting devices such as guy wires and support poles shall be located on the same property as the tower and shall not be located in the front structural setback area. A zero (0) foot setback for guy wires from the side and rear property lines is permissible. In no event, however, shall such supporting devices be located within any utility and/or drainage easement.

3)   Not be located closer than a distance of one (1) horizontal foot of land for one (1) vertical foot of tower and antenna height, plus ten (10) feet, from any electrical transmission line. This does not include the service line for the property where the private tower is to be located.

4)   Maintain a setback from all property lines based upon a ratio of one (1) horizontal foot of land for one (1) vertical foot of tower and antenna height, for protection from free-fall or ice-fall.

5)   The setbacks established in d.4) above may be modified if the applicant provides a certified engineer's or qualified expert's report substantiating that any free-fall of the tower or ice-fall from the private tower can be contained totally upon the applicant's property and the modified location is certified by the applicant's engineer or expert as safe. In any case, the requirements of Sub-paragraphs d. 1), 2), and 3). above shall still apply.

e.   Adequate measures, such as anti-climb apparatus or removal of climbing ladder, shall be required in order to discourage unauthorized climbing.

f.   If required by the El Paso County Regional Building Code, a building permit shall be acquired for the private tower.

g.   No private tower or structure identified in Section 35.1 H. shall be constructed in violation of Federal Aviation Administration or Federal Communications Commission laws or regulations. Where a conflict exists between these regulations and any federal or state regulations, the more restrictive shall apply.

2.   Use Subject to Special Review for Private Tower

a.   A Special Review approval, in accordance with Sections 35.8 and 35.11 B.4., shall be required in the event that:

1)   Any private tower or any extensions thereto exceeds the height limitations established in Section 35.11 B.1.b.

2)   More than one (1) private tower used for the same purpose is proposed on the property.

3)   Any facility identified in Section 35.1 H. exceeding the height limitation identified therein.

3.   Submittal Requirements for a Private Tower Subject to the Special Review Process

a.   In addition to the submittal requirements for a Use Subject to Special Review contained within Section 4, the following information is required:

1)   All information necessary to reflect compliance with Section 35.11 B.1. (General Requirements), (except that information required in Section 35.11 B.1.b. may be omitted in a request for special use approval to exceed a height limitation as contained within Section 35.11 B.1.b.).

2)   The location of all existing buildings, structures, roads, electrical transmission and service lines on all adjoining properties.

3)   Type of tower and antenna selected, including proposed height, design, bulk, method of construction, and any apparatus to be located on said tower and/or antenna.

4)   A certified engineer's or qualified expert's report required under Section 35.11 B.1.d.(5) establishing the adequacy of the tower design with respect to free-fall, ice-fall, and any other relevant safety factors.

5)   Documentation relative to alternative locations and designs considered, with such locations shown on the site plan as rejected alternatives.

6)   Any other documentation or information necessary for a Special Review under Section 35.11 B.2., if required.

4.   Review Standards

a.   In addition to the Use Subject to Special Review standards contained in Section 35.8, the Planning Commission and Board of County Commissioners shall consider and apply the following standards and criteria in reviewing a proposed private tower:

1)   The adequacy of the applicant's submittal under Section 35.11 paragraph B.3. and the extent to which the applicant is willing and able to comply with the development requirements under Section 35.11 paragraph B.1. and to rectify or mitigate any other legitimate health, safety and welfare matters raised by federal, state and local authorities and the neighboring public.

2)   The visual impact and other aesthetic factors of the proposed private tower considered in light of:

· the availability of landscaping and other adequate screening upon the applicant's property;

· the environmental uniqueness of the property site or the general vicinity;

· the visual block that would be caused by the addition of the proposed private tower in an area already subject to multiple private towers and/or commercial towers, whether in existence or approved but unconstructed;

· the applicant's documented need for a particular height or location for his/her private tower in order to achieve effective reception and/or transmission; and

· in the case of an amateur radio facility, the general public service provided by amateur radio activity.

3)   The need to accommodate, as much as practicably possible, the rights of the licensed amateur radio operator, as expressed by the Federal Communications Commission's regulations and ruling, 47 C.F.R. Part 97 and PRB-1, 50 F.R. 38,813, and to balance the legitimate zoning goals, requirements and restrictions of the El Paso County Land Development Code with the federal interest in amateur radio operations.

5.   Time Limitation for Private Tower

a.   The provisions of Section 35.11 pertaining to "Private Towers" shall become effective upon adoption by the Board of County Commissioners on December 13, 1990; however, any property owner who has pre-viously obtained a height variance approval from the Board of Adjustment for a facility that would now be subject to the provisions of Section 35.11 pertaining to "Private Towers" shall have ten (10) years from the date of adoption, identified above, to construct that facility in conformance with the terms of the variance approval.

b.   Upon receiving Special Review approval in accordance with Section 35.11 B.3., a private tower shall be constructed within one (1) year of the date of approval by the Board of County Commissioners. If any structure that meets the definition of a private tower should, for any reason, fail to continue to stand erect upon the property, the private tower owner shall have one (1) year from the date the private tower was last standing upon the property to reconstruct or re-erect the private tower or a private tower that fully complies with any Special Review resolution and/or site plan originally approved for the property. Failure to comply with this paragraph shall result in the automatic termination of all rights for the private tower to be constructed upon the property unless the provisions of this Section 35.11 B. are complied with.

...back to main code page