CHAPTER 17 - Zoning Ordinance#

02 - General Provisions#

04 - Definitions#

06 - Districts and Map#

07 - PF Public Facilities District#

07.1 - OS Open Space District#

07.2 - PROL Parks, Recreation and Open Lands District#

08 - A-1 Agricultural District#

09 - RR Rural Residential District#

10 - E-1 Estate District#

12 - E-2 Estate District#

13 - E-3 Estate District#

14 - R-1 Low-Density Residential District#

16 - R-3 Medium-Low Density Residential District#

18 - R-5 Medium-High Density Residential District#

18.1 - R-7 High Density Residential District#

19 - TOD-1 Transit Oriented Development District#

20 - B-1 Limited Business District#

22 - B-2 General Business District#

23 - MU-1 Suburban Mixed Use District#

23.1 - MU-2 Employment Mixed Use District#

24 - I-1 Limited Industrial District#

25 - Neighborhood Overlay Area#

25.1 - Transitional Overlay Area District#

26 - I-2 General Industrial District#

26.05 - I-3 Industrial District#

26.1 - A-1 District#

27 - GA General Aviation District#

28 - PUD Planned Unit Development District#

29 - Interchange Influence Area#

30 - Uses Permitted by Special Review#

31 - Temporary Sales Stands#

32 - Accessory Buildings and Uses#

33 - Group Living Homes#

34 - Supplementary Regulations#

35 - Wireless Communications Facilities#

17-35-010 - Definitions.#

17-35-020 - Administrative approval.#

17-35-030 - Application requirements for wireless communications facilities.#

17-35-040 - Use by special review.#

17-35-050 - Review criteria for wireless communications towers.#

17-35-060 - Exemption for governmental purpose.#

17-35-070 - Height and setback requirements; lighting.#

17-35-075 - Small cell facilities.#

17-35-080 - No expansion or alteration of nonconforming use.#

17-35-090 - Special mitigation measures; co-location.#

17-35-100 - Abandonment.#

17-35-110 - Prohibition; penalty.#

17-35-120 - Civil action.#

36 - Nonconforming Uses#

38 - Planned Unit Development#

40 - Floodplain#

CHAPTER 17
35 - Wireless Communications Facilities

17-35-010 - Definitions.

In addition to those definitions in chapter 17-04, B.M.C. the following definitions apply for purposes of this chapter:

(A) Accessory equipment means equipment, including buildings and cabinets, used to protect and enable operation of radio switching equipment, back-up power, and other devices, but not including antennas, that are necessary for the operation of a wireless communications facility.

(B) Alternative tower structure means innovative siting techniques such as artificial trees, clock towers, grain silos, bell towers, false chimneys, steeples, light poles, utility poles, windmills, and similar design mounting structures that camouflage or conceal the presence of antennas or towers.

(C) Antenna means any exterior apparatus designed for telephonic, radio, television, personal communications service (PCS), pager network, or any other communications through the sending and/or receiving of electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless communications signals, or other communications signaling of any bandwidth.

(D) Base station means any structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined herein or any equipment associated with a tower. A base station includes, without limitation:

1. Equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

2. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including Distributed Antenna Systems ("DAS") and small-cell networks).

3. Any structure other than a tower that, at the time the relevant application is filed with Broomfield under this section, supports or houses equipment described in paragraphs (D)(1)-(D)(2) that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support.

4. The term does not include any structure that, at the time the relevant application is filed with Broomfield under this section, does not support or house equipment described in (D)(1)-(2) of this section.

(E) Building mounted wireless communications facility means a wireless communications facility that is supported entirely on the wall or roof of a legally existing building or structure, as defined in section 17-04-480, which may include accessory equipment.

(F) Eligible facilities request means any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving:

1. Collocation of new transmission equipment; or

2. Removal of transmission equipment; or

3. Replacement of transmission equipment.

(G) Monopole means a structure composed of a single spire used to support telecommunications equipment.

§ [Section Number] Definitions#

(H)

Pre-existing towers, monopoles, or antennas means any tower, monopole, or antenna lawfully constructed or permitted prior to the adoption of this chapter, but does not include the replacement of such.

(I)

Small cell facility means any of the following:

1. A personal wireless service facility as defined by the federal "Telecommunications Act of 1996" as amended as of August 6, 2014.

2. A wireless service facility that meets both of the following qualifications:

   a. Each antenna is located inside an enclosure of no more than three cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than three cubic feet; and

   b. Primary equipment enclosures are no larger than seventeen cubic feet in volume as measured on the exterior surface of the enclosure. The following associated equipment may be located outside of the primary equipment enclosure and, if so located, is not included in the calculation of equipment volume: electric meter, concealment, telecommunications demarcation box, ground-based enclosures, back-up power systems, grounding equipment, power transfer switch and cut-off switch.

   c. A micro wireless facility.

(J)

Small cell network means a collection of interrelated small cell facilities designed to deliver wireless service.

(K)

Substantial change means a modification that substantially changes the physical dimensions of an eligible support structure provided that such modification meets any of the following criteria:

1. For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10% or more than ten feet, whichever is greater; or

2. For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet; or

3. For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure; or

4. It entails any excavation or deployment outside the current site; or

5. It would defeat the concealment elements of the eligible support structure; or

6. It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in paragraphs (K)(1)–(K)(4) of this section.

(L)

Tower means a structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures, and [remaining text truncated in original].

17-35-020 - Administrative approval.#

The city manager or his or her designee may approve the location of the following wireless communications facilities within any location in the city:

(A) The following wireless communication facilities can be considered for administrative review:

(1) Antennas on existing structures. Any antenna which is not attached to a tower may be approved administratively as an accessory use to any commercial, industrial, professional, institutional, or multi-family structure of four or more dwelling units. Wireless communications equipment intended for commercial use may not be located on residential structures of less than four dwelling units;

(2) Antennas on existing towers. Placement of antennas on existing structures and co-location by more than one carrier of antennas on existing towers shall take precedence over the construction of new towers, and may be approved administratively provided such is accomplished in a manner consistent with this section;

(3) Cable microcell networks. Installation of cable microcell networks through the use of multiple low-powered transmitters/receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers and is intended to improve coverage and capacity of existing wireless communications facilities;

(4) Monopoles. Installation of monopoles up to five feet in height taller than surrounding light poles, utility poles, or similar structures;

(5) Small cell facilities;

(6) Eligible facilities requests.

(B) All wireless communications facilities for which administrative review is sought must comply with the following conditions:

(1) The antenna complies with the requirements of section 17-35-070;

(2) The antenna complies with all applicable FCC and FAA regulations;

(3) The antenna and accessory equipment employ alternative tower structures, and blend to the natural setting and surrounding architecture in a manner which helps camouflage the facility;

(4) All accessory equipment is located within a pre-existing structure or below grade; or if a new structure is required to house such equipment, such structure is harmonious with and blends with the natural features, and is compatible with surrounding buildings and structures. Accessory buildings and facilities are to be screened, to the extent possible, from public streets and sidewalks, either by screening, landscaping, location, or other techniques deemed sufficient;

(5) All small cell facilities shall be consistent with the requirements of section 17-35-075;

(C) At the discretion of the city manager or his or her designee, any application for

(Ord. 1514 §1, 2000; Ord. 1935 §43, 2011)

(Ord. No. 2070, § 2, 8-28-18; Ord. No. 2138, § 43, 4-6-21)

17-35-030 - Application requirements for wireless communications facilities.

(A) Site plans. The site plans for wireless communications facilities shall be submitted on one or more plats or maps, at a scale not less than 1" = 50', showing the following information:

(1) The proposed size and location of the facilities and accessory equipment, and for towers, the boundaries of the tower site, including existing and proposed topography at two-foot intervals, referenced to USGS data, state plane coordinates, and a legal description of the proposed site;

(2) Elevations of all equipment, indicating materials, overall exterior dimensions, and colors;

(3) True north arrow;

(4) Locations and size of existing improvements, existing vegetation, if any; location and size of proposed improvements, including any landscaping;

(5) Existing utility easements and other rights-of-way of record, if any;

(6) For towers, location of access roads;

(7) The names of abutting subdivisions or the names of owners of abutting, unplatted property within 400 feet of the site; zoning and uses of adjacent parcels; and

(8) Proof of ownership in a form acceptable to the city.

(B) Vicinity maps. The vicinity maps submitted with an application under this chapter shall include one or more maps showing the location of existing and planned wireless communications facilities belonging to the applicant, within five miles of the proposed facility. Such maps will show small cell facilities within 1,000 feet of a proposed facility. Planned facilities may be identified in general terms and need not be address specific.

(C) Narrative. The application for wireless communication facilities, except for Eligible facility requests and Small cell facilities, shall include the following in narrative form:

(1) The applicant's and surface owner's names, addresses, signatures, and designation of agent, if applicable;

(2) An explanation of the need for such a facility, operating plan, and proposed coverage area;

(3) An explanation of the applicant's knowledge of alternatives to the proposed facility, and why other sizes or alternative tower or antenna structures will not work, and the relative costs for alternatives;

(4) An explanation of how the proposed facility blends with the natural features in the area, and is compatible with surrounding buildings and structures;

(5) An explanation of the compatibility, or incompatibility, of the proposed facility with existing antennas or towers in the city, and those within five miles of the city's borders. A full explanation of why any existing antennas or towers can or cannot be utilized must be included in the narrative;

(6) Affirmation that the applicant will obtain all required permits or approvals from other local, state, or federal agencies other than the FCC;

(7) Affirmation that the proposed facility, alone or in combination with other like facilities, will comply with current Federal Communications Commission's (FCC) standards for cumulative field measurements of radio frequency power densities and electromagnetic fields;

(8) Affirmation that the facility will comply at all times with current FCC regulations prohibiting localized interference with reception of television and radio broadcasts;

(9) Affirmation that the facility will not interfere with any public safety frequencies servicing the city and its residents;

(10) A report describing the structure's ability to support co-locations, and affirmation

17-35-040 - Use by special review.#

Within all zoning districts providing for wireless communications towers as a use by special review, the following standards and requirements shall apply:

(A) Application requirements. In addition to the requirements of Section 17-35-030, applications for a use by special review for a wireless communications facility shall include the following:

(1) A site plan showing the location of the proposed tower, antennas, equipment shelters, and all other structures and improvements associated with the proposed facility, including property boundaries, setbacks, elevations, and dimensions;

(2) A description of the proposed tower's height, design, and construction materials, including information on its capacity to accommodate additional antennas or equipment;

(3) A map showing the location of the proposed facility in relation to existing and proposed wireless communications facilities within a one-mile radius, and an explanation of why the proposed location is necessary to provide adequate service coverage;

(4) A coverage analysis demonstrating that the proposed facility is necessary to address a significant gap in service coverage, and that no existing or alternative location or technology could reasonably fill such gap;

(5) A statement from the applicant certifying that the proposed facility complies with all applicable Federal Communications Commission radio frequency emission standards;

(6) A written agreement, in a form acceptable to the City Attorney, that the applicant will remove the facility within ninety (90) days of cessation of use, and will restore the property to its original condition;

(7) A description of any landscaping, screening, or buffering proposed to mitigate visual impacts;

(8) A statement regarding the availability of the facility for collocation by other service providers, and a commitment to make the facility available on reasonable terms and conditions;

(9) A statement regarding the structural integrity of the proposed tower, including certification by a licensed professional engineer that the tower is designed to accommodate at least one additional antenna array of comparable size and weight;

(10) A statement regarding the potential for interference with existing public safety communications systems, and a commitment to cooperate with the City to resolve any such interference;

(11) An explanation of compatibility with applicable city master plan design guidelines and standards.

(B) Standards for approval. The Zoning Board of Appeals may approve a use by special review for a wireless communications facility only upon finding that:

(1) The proposed facility is necessary to close a significant gap in service coverage and that no feasible alternative location or technology exists that would have less impact on the surrounding area;

(2) The proposed facility is designed and sited to minimize visual impacts to the greatest extent practicable, considering the use of existing structures, stealth design, and appropriate setbacks and landscaping;

(3) The proposed facility will not have an undue adverse impact on the character, property values, or aesthetics of the surrounding neighborhood;

(4) The proposed facility complies with all applicable height, setback, and other dimensional standards of the underlying zoning district, except as may be modified pursuant to Section 17-35-050;

(5) The proposed facility will not create a hazard to public health or safety, including with respect to air navigation, vehicular traffic, or pedestrian safety;

(6) The applicant has demonstrated that the facility will be available for collocation on reasonable terms and conditions; and

(7) The applicant has agreed to remove the facility upon cessation of use and to restore the property.

(C) Conditions of approval. In granting a use by special review, the Zoning Board of Appeals may impose reasonable conditions, including but not limited to:

(1) Limitations on the height, design, or placement of the facility;

(2) Requirements for landscaping, screening, or other visual mitigation;

(3) Requirements for the use of stealth or camouflaged design;

(4) Requirements for the sharing of the facility by other service providers;

(5) Requirements for the submission of periodic reports on the operation and maintenance of the facility;

(6) Requirements for the posting of a performance bond or other security to ensure removal of the facility upon cessation of use; and

(7) Such other conditions as may be necessary to protect the public health, safety, and welfare.

(D) Duration and renewal. A use by special review for a wireless communications facility shall be valid for a period not to exceed ten (10) years from the date of approval, unless a shorter period is specified by the Zoning Board of Appeals. The applicant may apply for renewal of the approval for additional periods not to exceed ten (10) years each, subject to the same standards and procedures as the original application.

(E) Amendments. Any proposed modification to an approved wireless communications facility that constitutes a substantial change, as defined in Section 17-35-020, shall require an amendment to the use by special review approval. Minor modifications that do not constitute a substantial change may be approved administratively by the Zoning Administrator.

(Ord. 1194 §9, 1996; Ord. 1514 §1, 2000; Ord. No. 2070, § 3, 8-28-18)

17-35-050 - Review criteria for wireless communications towers.#

The recommendation of the land use review commission and the decision of the city council shall be based on whether the applicant has demonstrated that the proposed wireless communications tower meets the following standards:

(A) The site plan complies with the requirements of subsection 17-35-030(A);

(B) The vicinity map complies with the requirements of subsection 17-35-030(B);

(C) The narrative for the application complies with the requirements of subsection 17-35-030(C);

(D) When applicable, compliance with the setback and height requirements of section 17-35-070.

(Ord. 1194 §9, 1996; Ord. 1514 §1 2000; Ord. 1935 §44, 2011)

(Ord. No. 2138, § 44, 4-6-21)

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17-35-060 - Exemption for governmental purpose.#

Antennas or towers for governmental purpose located on property owned, leased, or otherwise controlled by the city may be exempt from the requirements of this chapter. This exemption shall be available if a license or lease authorizing the antenna or tower has been approved by the city council and the city council elects, subject to state law and local ordinance, to seek the exemption from this chapter.

(Ord. 1514 §1, 2000)

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17-35-070 - Height and setback requirements; lighting.#

(A) Building mounted wireless communications facilities mounted on a wall of an existing

Section 17-35-075 - Small Cell Facilities#

A small cell facility may be deployed in the public rights-of-way, including utilization of a traffic signal, street light pole, or similar structure within a public right-of-way. Such facilities shall remain subject to the following criteria below:

(A) Attachments to Existing Infrastructure#

Attachment of small cell facilities on an existing or replacement traffic light pole, street light standard or other vertical infrastructure is encouraged. These facilities may be permitted provided that:

1. The owner of the vertical infrastructure approves the use;

2. The small cell facility does not exceed the height of the existing infrastructure on which it is mounted by more than ten feet;

3. Antenna installations on traffic signal standards are placed in a manner so that the size, appearance and function of the traffic signal will not be considerably altered;

4. Each antenna is located inside an enclosure of no more than three cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than three cubic feet.

(B) Freestanding Facilities#

Where a new freestanding facility is proposed (that is not an attachment to existing infrastructure or a replacement pole), a freestanding small cell facility may be permitted, provided that:

1. The maximum facility height, including both vertical infrastructure and antenna, is not more than forty feet.

2. Each antenna is located inside an enclosure of no more than three cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than three cubic feet.

(C) Separation Requirements#

Any new pole for a small cell facility shall be separated from any other freestanding small cell facility in the public right-of-way by a distance of at least 600 feet. The city manager, or his or her designee, may exempt an applicant from this requirement if: (i) the applicant demonstrates through technical network documentation that the minimum separation requirement cannot be satisfied for technical reasons, or (ii) the city manager, or his or her designee, when considering the surrounding topography, the nature of adjacent uses and nearby properties, and the height of existing structures

(D)#

When placed in a residential zone, the small cell facility shall be placed adjacent to the common side yard property line between adjoining residential properties, so that the small cell facility minimizes visual impacts equitably among adjacent properties. In the case of a corner lot, the small cell facility may be placed adjacent to the common side yard property line between adjoining residential properties or on the corner formed by two intersecting streets.

(E)#

Multiple users. To the extent reasonably feasible from a construction, engineering, or design perspective, all small cell facilities shall be designed and constructed to permit any such facility to accommodate at least two wireless service providers on the same facility.

(F)#

Small cell facilities installed adjacent to sidewalks or trails shall be placed in a manner that reasonably ensures that the safety of pedestrians, bicyclists and motorists is not impaired.

(G)#

Applications for small cell facilities in the public right-of-way shall be processed and reviewed using the review procedures and requirements described in section 17-35-020 B.M.C. The following shall also apply to small cell facility applications:

1. For small cell networks involving multiple individual small cell facilities the city will allow the applicant, at the applicant's discretion, to file a consolidated application with up to twenty-five small cell facilities, all of which are substantially the same type, and receive a single approval for the small cell network instead of filing separate applications for each individual small cell facility;

2. For a consolidated application, each small cell facility within the consolidated application remains subject to review for compliance with the requirements of this section. The denial of any individual small cell facility is not a basis to deny the consolidated application as a whole or any other small cell facility incorporated within the consolidated application;

3. A contractor's license and liability insurance must be completed and on file with the community development department when working in the right-of-way and/or connecting to a public utility.

(H)#

Compatibility required. The small cell facility shall utilize or replace existing permitted facilities (including traffic signs, traffic signals, light poles or light standards) so that the presence of the small cell facility is not readily apparent or, if a new freestanding installation is requested, the small cell facility design will be consistent with nearby architectural features or be consistent with the general size and shape of pole-mounted equipment installed by communication companies on utility poles within 300 feet of the facility.

(I)#

Non-reflective materials. The visible exterior surfaces of small cell facilities, such as poles, antennas, vaults and equipment enclosure structures shall be constructed out of or finished with non-reflective materials and shall be painted to match as closely as possible the color and texture of the vertical infrastructure on which it is mounted.

(J)#

Indemnification. As a condition of approval, the wireless service provider shall agree, at its sole cost and expense, to indemnify, hold harmless and faithfully defend the city, its officials, boards, commissions, commissioners, agents and employees against any claims, suits, causes of action, proceedings and judgments for damages or equitable relief arising out of the construction, maintenance or operation of its equipment authorized by this section. This will apply whether the act or omission complained of is authorized, allowed or prohibited by applicable law or a permit requirement.

(K)

Operation and maintenance. To ensure the structural integrity of small cell facilities, the owner of a small cell facility shall ensure that it is maintained in compliance with standards contained in applicable local building and safety codes. If upon inspection, the city concludes that a small cell facility fails to comply with such codes and constitutes a danger to persons or property, then, upon written notice being provided to the owner of the small cell facility, the owner shall have thirty days from the date of notice to bring such small cell facility into compliance. Upon good cause shown by the owner, the city manager may extend such compliance period. If the owner fails to bring such small cell facility into compliance within said time, the city may remove such small cell facility at the owner's expense.

(L)

Exclusion of competitors prohibited. No small cell facility owner or lessee, or officer or employee thereof, shall act to exclude or to attempt to exclude any other competitor from using the same structure for the location of other antennas.

(M)

The applicant for a small cell facility shall send notice regarding their application to property owners of record located within 100 feet of each proposed small cell facility. Such notice shall occur within one week of the application submittal to the City and County of Broomfield and shall include contact information for the applicant, contact information for the City and County of Broomfield Community Development Department, a location map for the proposed facility, construction phasing plan for small cell network and a description of the proposed improvement.

(Ord. No. 2070, § 5, 8-28-18)

17-35-080 - No expansion or alteration of nonconforming use.

Towers and monopoles that are constructed and antennas that are installed in accordance with the provisions of this chapter shall not be deemed to constitute the expansion or alteration of a nonconforming use or structure.

(Ord. 1514 §1, 2000)

17-35-090 - Special mitigation measures; co-location.

The city encourages co-location of wireless communications facilities to minimize the number of sites.

(A)

No wireless communications facility owner or operator shall unfairly exclude a competitor from using the same facility or location. Unfair exclusion of use by a competitor may result in the revocation of the administratively approved use, use by special review, or site development plan.

(B)

If a competitor attempts to co-locate a facility on an existing or approved facility or location, and the parties cannot reach agreement, the city may require a third party technical study at the expense of either or both of the parties to determine the feasibility of co-location.

(Ord. 1194 §9, 1996; Ord. 1514 §1, 2000)

17-35-100 - Abandonment.

At the request of the city, the operator must furnish a statement to the city indicating the operational status of the facility, and without such request must notify the city if use of a facility has been discontinued or transferred to another entity. If the use has been discontinued, the date on which the facility was last used shall be provided. Wireless communications facilities, including accessory equipment, not used for a continuous period of six months shall be disassembled within twelve months of the last use. If abandoned facilities are not removed, the city may have the facilities removed at the applicant's expense. If two or more providers of wireless communications service use an antenna support structure or related equipment, the period of nonuse under this section shall be measured from the cessation of operation at the location by all such users. Failure to remove shall constitute a public nuisance.

(Ord. 1194 §9, 1996; Ord. 1514 §1, 2000)

17-35-110 - Prohibition; penalty.

(A)

(17-35-119) - Violations.

(A) No person shall locate a wireless communications facility upon any lot or parcel except as provided in this chapter.

(B) Preexisting towers or antennas shall not be required to meet the requirements of this subsection, and shall be allowed to continue their usage as they presently exist. Routine maintenance shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with requirements of this chapter under a new application.

(C) Any person who constructs, installs, or uses, or who causes to be constructed, installed, or used, any wireless communications facility in violation of any provision of this chapter or of the conditions and requirements of the special use permit, may be punished as provided in chapter 1-12, B.M.C. Each day of unlawful operation constitutes a separate violation.

(Ord. 1194 §9, 1996; Ord. 1514 §1, 2000)

17-35-120 - Civil action.

In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, or used, or any land is or is proposed to be used, in violation of any provision of this article or the conditions and requirements of a wireless communications facility special use permit or administrative approval, the city attorney, in addition to the other remedies provided by law, ordinance, or resolution, may institute an injunction, mandamus, abatement, or other appropriate action or proceeding to prevent, enjoin, abate, or remove such unlawful erection, construction, reconstruction, alteration, or use.

(Ord. 1194 §9, 1996; Ord. 1514 §1, 2000)