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A. Purpose: The purpose of this Section is to facilitate the permitting of Short Term Rental subject to appropriate restrictions and standards and to allow for varied accommodations and experiences for visitors while retaining the character of residential neighborhoods.
B. Applicability: A Short Term Rental Permit shall be required prior to the operation of any Short Term Rental.
C. Short Term Rental Process:
1. Application: The application for a Short Term Rental Permit shall include the following:
a. A safety self-inspection certification;
b. A Sales Tax license customer ID;
c. The name, address, and contact information, including a 24-hour contact phone number, for the owner, the owner's property manager, or agent within El Paso County, or a Colorado Springs resident who can be contacted in the event of an emergency and respond within one (1) hour;
d. Proof of insurance;
e. Proof that the use-specific standards that apply to a Short Term Rental in Section 7.3.301C (Short Term Rental) will be met;
f. Election of an owner occupied or non-owner occupied Short Term Rental Permit; and
g. A statement that the owner has read and understands the rules and regulations for a Short Term Rental.
2. Manager's Decision: The Manager shall review the Short Term Rental Permit application and within ten (10) business days after the determination of application completeness approve, approve with conditions, or deny the petition in accord with Subsection 7.5.407D.1 (Manager), the standards applicable to Short Term Rentals in Subsection7.3.301C (Short Term Rental), and the review criteria in Section 7.5.409 (General Criteria for Approval).
3. Post-Decision Actions and Limitations: The Manager's decision on a Short Term Rental Permit application is subject to the following:
a. The Short Term Rental Permit is valid for one (1) year from the date of issuance and may be renewed for additional one (1) year periods; and
b. The Short Term Rental Permit does not run with the property but is issued to the specific owner of the property. The permit expires upon sale or transfer of the property. The Permit shall not be transferred or assigned to another individual, person, entity, or address, but may be managed by a third party on behalf of the owner. (Ord. 23-03)
A. Purpose: The purpose of this Section is to provide a mechanism for enforcement of the temporary use regulations that apply to short-term, seasonal, and transient uses such as community festivals, fresh produce stands, and temporary promotions by permanent businesses, but does not apply to Short Term Rentals.
B. Applicability:
1. A Temporary Use Permit shall be required prior to the establishment of any temporary use except:
a. Construction office or yard, temporary (included in Building Permit approval);
b. Garage sale, temporary; or
c. Outdoor display of goods, temporary (except as required by the use-specific standards at Subsection 7.3.305D (Outdoor Display of Goods, Temporary)).
2. The Manager shall approve a Temporary Use Permit for an appropriate specified period not to exceed five (5) years. Upon expiration, a new Temporary Use Permit may be requested. If a use extends beyond one (1) year, a Conditional Use Permit may be granted, subject to requirements in Section 7.5.601 (Conditional Use Permit).
C. Temporary Use Permit Process:
1. Manager's Decision: The Manager shall review the Temporary Use Permit application and within three (3) business days after the determination of application completeness shall approve, approve with conditions, or deny the application based on its compliance with the standards applicable to temporary uses generally in Section 7.3.304 (Accessory Uses), any use-specific standards applicable to that particular temporary use, and the following criteria:
a. The use will not be detrimental to the public health, safety, and general welfare, and is compatible with the purpose and intent of this UDC and the zone district in which it will be located;
b. The use is compatible in intensity, characteristics, and appearance with existing land uses in the immediate vicinity of the proposed location, and the use, value, and qualities of the neighborhood surrounding the proposed location will not be adversely affected by the use or activities with it. Factors such as location, access, traffic generation, noise, light, dust control, and hours of operation shall all be considered;
c. The use is not on City-owned property unless the applicant first obtains approval of a revocable permit under Part 3.2.2 of the City Code authorizing such use;
d. Display of merchandise for sale need not comply with the yard and setback requirements of this UDC provided that no merchandise shall be displayed within thirty (30) feet of the intersection of the curb line of any two (2) streets or within the required landscaped setback area;
e. Adequate off-street parking meeting the standards in Part 7.4.10 (Parking and Loading) is provided to serve the use, and the use does not displace the required off-street parking spaces or loading areas of any principal permitted uses on the site; and
f. A sales tax license is obtained from the City's sales tax office for a temporary use involving the sale of tangible personal property or taxable services. (Ord. 23-03)
A. Purpose: The purpose of this Section is to provide a mechanism for evaluating whether a change to an Existing Tower or Existing Base Station is an Eligible Facilities Request and for approving Eligible Facilities Requests.
B. Applicability: This Section applies to all proposed changes to Wireless Communication Facilities that the applicant seeks to qualify as an Eligible Facilities Request.
C. Eligible Facilities Request Process:
1. Application Submission: The applicant shall submit the application on a form provided by the City that is limited to the information necessary for a determination of the eligibility for an Eligible Facilities Request. The application may not require the applicant to demonstrate a need or business case for the proposed modification or collocation. Such information may include, without limitation, whether the project:
a. Would result in a Substantial Change; or
b. Violates a generally applicable law, regulation, or other rule codifying objective standards reasonably related to public health and safety.
2. Determination of Application Completeness:
a. Applications shall be subject to a review period of sixty (60) days. The sixty (60)-day review period begins to run when the application is filed and may be tolled only by mutual agreement of the City and the Applicant, or in cases where the Manager determines that the application is incomplete. If the Manager determines that the application is incomplete:
(1) To toll the time frame for incompleteness, the City must provide written notice to the applicant within thirty (30) days of receipt of the application and specifically identify all missing documents or information required in the application.
(2) The timeframe for review continues running again when the applicant makes a supplemental written submission in response to the City's notice of incompleteness.
(3) Following a supplemental submission, the City shall notify the applicant within ten (10) days that the supplemental submission did not provide the missing information identified in the original notice. The timeframe is tolled in the case of second or subsequent notices pursuant to the procedures identified in Subsection (1) above. In the case of a second or subsequent notice of incompleteness, the Manager may not specify missing information or documents that were not delineated in the original notice of incompleteness.
b. For purposes of determining if a constructed Tower or Base Station is Existing, the Tower or Base Station shall be presumed to have not been approved under a zoning or siting process, or other regulatory review process, unless a Building Permit or other proof of such process is provided by the applicant or by the City.
3. Manager's Decision: If the Manager determines that the request is an Eligible Facilities Request, the Manager shall approve the application. If the Manager determines that the Applicant's request is not an Eligible Facilities Request, the Manager shall deny the application, and, notwithstanding any other provision in this UDC, the applicant may immediately submit an application for modification of the WCF. Each decision shall be in writing and supported by substantial evidence in a written record. The applicant shall receive a copy of the decision.
4. Post-Decision Actions or Limitations: If the Manager denies an application for an Eligible Facilities Request at least fifteen (15) days prior to the expiration of the review period, the applicant may request reconsideration of the application by submitting a written objection that identifies clear error on the part of the Manager at least ten (10) days prior to the expiration of the review period. If the Manager does not approve the application in writing upon reconsideration, the original denial shall stand as the final decision of the Manager. (Ord. 23-03)
A. Purpose: The purpose of this Section is to ensure that Wireless Communication Facilities that are installed within the City comply with the standards of this UDC, including the use-specific standards in Subsection 7.3.303H.1 (Wireless Communication Facility).
B. Applicability: The WCF Permit procedure applies to all WCFs that are subject to the standards of Subsection 7.3.303H.1 (Wireless Communication Facility).
C. WCF Permit Process:
1. Application Submission
a. In addition to the appropriate application form identified in Table 7.5.5-A, the applicant shall submit with the application:
(1) A Signal Non-Interference Letter;
(2) A Radio Frequency Emissions Letter;
(3) A lease, license, or other written permission from the owner of the site;
(4) A scaled site plan, photo simulations (before and after), scaled elevation view, and line-of-sight drawing/rendering;
(5) If the application is for a new WCF, a Collocation Letter;
(6) Other supporting drawings, calculations, and other documentation, signed and sealed by appropriate qualified professionals, showing the location and dimension of all improvements, including information concerning topography, radio frequency coverage, tower height, setbacks, drives, parking, fencing, landscaping, adjacent uses, drainage, and other information deemed by the Manager to be necessary to assess compliance with this Section; and
(7) Except for Small Cell Facilities in the right-of-way, prior to approval, affidavits shall be required from the owner of the property and from the applicant acknowledging that each is responsible for the removal of a WCF that is abandoned or is unused for a period of twelve (12) months.
b. For the first WCF application submitted to the City in a calendar year, the applicant shall provide to the Manager a narrative and map description of the applicant's existing or then-currently proposed WCFs within the City. If possible, this will include a before-and-after graphic or map showing coverage changes by the installation of the WCF. This provision is not intended to be a requirement that the applicant submit its business plan or proprietary information, or make commitments regarding locations of WCFs within the City. It is intended to allow all applicants for WCFs to share general information, assist in the City's comprehensive planning process, and promote Collocation by identifying areas in which WCFs might be appropriately constructed for multiple users. The requirement of any inventory of existing sites may be satisfied for Small Cell Facility applications through a master license agreement or similar authorization executed with the City.
c. The Manager may share such information with other applicants applying for administrative approvals or conditional permits under this Section or other organizations seeking to locate WCFs within the jurisdiction of the City, provided however, that the Department is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
WCF Application Forms | |
Facility Type [1] | Application |
Residential Zone Districts | |
Nonstealth freestanding facility [2] | CM1 [3] |
Roof/wall mount: [4] | |
10 feet or less above roofline [5] | CM3 [6] |
More than 10 feet above roofline and less than the maximum height of zoning district | CM2 [7] |
Located on single- and two-family dwelling units | CM1 [3] |
Stealth freestanding facility [2] | CM2 [7] |
Mixed-Use and Nonresidential Zone Districts | |
Broadcasting tower | CM1 [3] |
Collocation on existing facility [8] | CM3 [6] |
Nonstealth freestanding facility [9] | CM1 [3] |
Roof/wall mount: | |
10 feet or less above roofline [5] | CM3 [6] |
More than 10 feet above roofline | CM2 [7] |
Stealth freestanding facility: [2] | |
Equal to or less than maximum height of zone district | CM2 [7] |
Located within utility substations or within utility easements and exceeding the height of other vertical infrastructure by more than 4 feet | CM1 [3] |
Small Cell Facilities in the right-of-way | CM5 [10] |
NOTES [1] Eligible Facilities Requests application requirements are addressed in Section 3 (WCF Eligible Facilities Requests). [2] Within residential zones, applications for freestanding facilities (stealth and nonstealth) shall only be considered on multi-family, institutional, or nonresidential sites such as churches, schools, museums, etc. Except for Small Cell Facilities, freestanding facilities are not permitted in conjunction with a single- or two-family building. [3] Conditional use (CM1) applications shall be subject to Planning Commission review as a conditional use in accordance with Section 7.5.601 (Conditional Use). [4] Except with respect to Small Cell Facilities, roof/wall mount on single- and two-family buildings shall only be permitted as a conditional use where the design, materials, color, and location of the facilities blend in architecturally with the wall and substantially conceals the antennas and equipment. [5] The 10-foot extension above the building is allowed to exceed the maximum height limitation of the zone district if screened by existing screens or parapets as provided for in the design standards. [6] WCF Development Plan (CM3) applications shall be subject to expedited administrative review in accord with the procedures in Section 7.5.515 (Development Plan). No public notice or site posting shall be required unless determined to be necessary by the Manager. [7] WCF Development Plan (CM2) applications shall be subject to administrative review in accord with the procedures in Section 7.5.515 (Development Plan). The findings of this Section and notice shall be provided as required by this UDC. [8] Except for Eligible Facilities Requests, the collocation height shall be restricted to the maximum height of the zone district. If the height exceeds the maximum height of the zone district, an Administrative Waiver in accord with Subsection 7.3.303H.1.f(10) (Administrative Waiver) shall be required. [9] In the APD and PF zone districts, a nonstealth freestanding facility requires a CM2 Development Plan application. [10] Small Cell Facilities in the right-of-way (CM5) applications shall be subject to administrative review in accordance with the procedures and findings of this article. No public notice or site posting shall be required unless determined to be necessary by the Manager. | |
2. Determination of Application Completeness:
a. Review Periods:
(1) Subject to tolling as provided in Subsection b below, and unless a longer review period is agreed to by the applicant, applications for WCF shall be subject to the following review period:
(a) For a new WCF other than a Small Cell Facility in the right-of-way, one hundred and fifty (150) days.
(b) For a Small Cell Facility in the right-of-way, ninety (90) days.
(c) For modifications to, or collocations with, existing WCFs that do not qualify as an Eligible Facilities Request, ninety (90) days.
(2) The City's failure to meet the review period shall not be deemed approval of the application.
b. Tolling of Review Period:
(1) The review period begins to run when the application is filed and may be tolled where the City determines that the application is incomplete, or by mutual agreement of the City and the applicant.
(2) To toll the review period for incompleteness, the City must provide written notice to the applicant within thirty (30) days of receipt of the application.
(3) The timeframe for review period continues running again when the applicant makes a supplemental written submission in response to the City's notice of incompleteness.
3. Manager's Decision: The Manager shall review the WCF Permit application and shall approve, approve with conditions, or deny the petition in accord with Subsection 7.5.407D.1 (Manager), the provisions of this Section 7.5.513, the use-specific standards in Subsection 7.3.303H.1 (Wireless Communication Facility), and the review criteria in Section 7.5.409 (General Criteria for Approval). Each decision shall be in writing and supported by substantial evidence in a written record. The applicant shall receive a copy of the decision.
4. Post-Decision Actions or Limitations: The following provisions apply following the Manager's decision to approve or approve with conditions an application:
a. The Manager's decision regarding a WCF Permit for a small cell facility may not be appealed pursuant to Section 7.5.415 (Appeals).
b. An approved application for a Small Cell Facility in the right-of-way shall expire after one (1) year if construction of the Small Cell Facility has not been substantially completed.
c. Upon approval, all installation or modifications done to WCFs must be completed in accordance with all applicable building, structural, electrical, and safety requirements as set forth in the City Code and any other applicable laws or regulations.
d. All WCFs shall:
(1) Comply with any permit or license issued by a local, state, or federal agency with jurisdiction over the WCF;
(2) Comply with existing entitlements for the underlying real property;
(3) Be maintained in good working condition and to the standards established at the time of application approval; and
(4) Remain free from trash, debris, litter, graffiti, and other forms of vandalism. Any damage shall be repaired as soon as practicable, and in no instance more than thirty (30) days from the time of notification by the City or after discovery by the owner or operator of the site. Notwithstanding the foregoing, any graffiti on WCFs located in the rights-of-way or on other City-owned property may be removed by the City at its discretion and without liability to the City upon fourteen (14) days' notice to the owner/and or operator of the WCF. The owner and/or operator of the WCF shall pay all costs of such removal within thirty (30) days after receipt of an invoice from the City.
e. Upon request by the City, the applicant shall provide a compliance report within forty-five (45) days after installation of a WCF, demonstrating that as installed and in operation, the WCF complies with all conditions of approval, applicable Code requirements, and standard regulations. (Ord. 23-03)
LAND USE PLANS AND DEVELOPMENT PLANS
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