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HomeMy WebLinkAboutZOA-00-10INTRODUCED BY COUNCIL MEMBER Edwards Council Bill No. _ in Ordinance No. 1208 Series of 2000 TITLE AN ORDINANCE AMENDING SECTION 26-30(T) OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING COMMERCIAL MOBILE RADIO SERVICE (CMRS) FACILITIES. WHEREAS, the'City Council adopted regulations for Commercial Mobile Radio Service (CMRS) facilities in 1996; and WHEREAS, the technology concerning these facilities has been and is rapidly changing; and WHEREAS, the City Council desires to keep the City's development regulations up to date to reflect current technology and to apply regulations and procedures consistently; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Section 26-30 (T) of the Code of Laws is hereby amended to read: (T) Commercial Mobile Radio Service (CMRS) Facilities: (1) Prohibition. No CMRS facility shall be constructed in any residential ZONE district EXCEPT AS PROVIDED BELOW (nith the exception of Pl=e (a) CMRS FACILITIES MAY BE LOCATED IN A PRD ZONE DISTRICT PURSUANT TO SUBPARAGRAPH (3) HEREOF. (b) BUILDING- OR STRUCTURE-MOUNTED CMRS FACILITIES MAY BE LOCATED IN A RESIDENTIAL ZONE DISTRICT IF LOCATED ON A PROPERTY CONTAINING A NON-RESIDENTIAL USE PURSUANT TO SUBPARAGRAPH 2(A) HEREOF. (c) ROOF-MOUNTED.CMRS FACILITIES MAY BE LOCATED IN A RESIDENTIAL ZONE DISTRICT IF LOCATED ON A PROPERTY CONTAINING A NON-RESIDENTIAL USE PURSUANT TO SUBPARAGRAPH 2(B) HEREOF. (d) FREESTANDING CMRS FACILITIES SHALL NOT BE ALLOWED IN ANY RESIDENTIAL ZONE DISTRICT. (2) Review procedure-General. Proposed CMRS facilities in the RC-1, RC, C-1, C- 2, I, A-1 and A-2 zone districts and as permitted in residential zone districts shall be reviewed pursuant to the following procedures: (A) Building- or structure-mounted CMRS facilities shall be reviewed by the department of planning and development for compliance with the requirements of the Zoning Ordinance. (B) Roof-mounted CMRS facilities must receive a conditional use permit. pursuant to the procedure at section 26-6(A). (C) Freestanding CMRS facilities must receive a special use permit, pursuant to the procedure at section 26-6(B). (3) Review procedure-Planned development districts. Roof-mounted and freestanding CMRS facilities proposed for construction in any planned developm6nt district (including planned residential districts); unless specifically listed or shown as such in the final development plan, require amendment of the final development plan. Building- or structure-mounted CMRS facilities proposed for construction in any planned development district (including planned residential districts) may be permitted by the department of planning and development pursuant to section 26-25, provided the proposed facility is consistent with the character of the district. (4) Multiple providers. No more than one (1) roof-mounted or freestanding CMRS facility may be constructed or maintained upon a property in single ownership; provided, however, that additional CMRS facilities may be approved at the same location by conditional or special use review, consistent with subsection (T)(2), provided all other requirements of subsection (T) and the Zoning Ordinance are met. (5) Building- or structure-mounted CMRS facilities shall be subject to the following requirements: (A) Such facilities shall be architecturally compatible with the colored to match the building or structure to which they are attached. (B) The maximum protrusion of such facilities from the building or structure face to which they are attached shall be two (2) feet. (C) Building or structure mounted whip antennas shall extend no more than ten (10) feet above the highest point of the building or structure to which they are attached. (6) Roof-mounted CMRS facilities shall be screened or camouflaged as appropriate from view from adjacent property lines. Such facilities are additionally subject to the following requirements: (A) Such facilities shall be architecturally compatible with and colored to match the building or structure to which they are attached. (B) Roof-mounted CMRS whip antennas shall extend no more than ten (10) feet above the parapet of any flat roof or ridge of a sloped roof to which they are attached. (C) Roof-mounted CMRS panel antennas shall extend no more than seven (7) feet above the parapet of a flat roof or ridge of a sloped roof to which they are mounted. (D) Roof-mounted CMRS accessory structures shall extend no more than seven (7) feet above any parapet of a flat roof upon which they may be placed, and shall not be permitted on a sloped roof. (7) Freestanding CMRS facilities shall be visually screened from adjacent residential development and public rights-of-way as follows: (A) All accessory buildings and equipment cabinets shall be totally screened from view from adjacent property lines. (B) Screening, landscaping and/or exterior building finishes and colors shall be compatible with the existing character of the site and adjacent properties and shall be determined as part of the special use permit review process. (8) Pursuant to Charter section 5.10.1, and notwithstanding any other provision of this Code to the contrary, no CMRS facility shall exceed the height limit applicable to the underlying zone district in which such facility is located. (9) The construction and use of a CMRS facility shall not cause interference to other adjacent CMRS facilities. The City of Wheat Ridge shall be held harmless if interference occurs. (1 Q) CMRS facilities which are abandoned by disconnection of power service, equipment removal or loss of lease for greater than six (6) months shall be removed by the CMRS facility owner. Should the owner fail to remove the facilities, the city may do so at its option, and the costs thereof shall be a charge against the owner. (11) Notwithstanding any provision of this subsection (T) to the contrary, any freestanding CMRS facilities legally existing upon the effective date of these regulations: November 1 g, 1996, shall be considered legal nonconforming uses. Additional antennas may be permitted to be collocated upon such facilities, provided such facility is certified by a registered, professional engineer that it was originally designed and constructed, without need of structural modifications, including increased height, to handle the additional load. Any such addition to nonconforming freestanding facilities will be allowed only upon special use review and approval pursuant to section 26-6(B). This provision does not apply to roof or building mounted CMRS facilities. Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, suchjudgment shall not affect application to other persons or circumstances. Section 4. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found . elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 5. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 11th day of September , 2000, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for September 25 ,2000, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0 'this 25th day of September 2000. SIGNED by the Mayor on this 261 ATTEST: ~C Wanda Sang, City Clerk APPR S TO FO BY CI TTO GtRAILD DAHL, ITY A Y 1st Publication: September 15, 2000 2nd Publication: September 29, 2000 Wheat Ridge Transcript Effective Date: October 14, 2000 e:\pIwnine\forrns\ord. frm CITY COUNCIL MINUTES: September 25, 2000 Page - 3 - Item 2. Council Bill 30 - An ordinance amending Section 26-30(T) of the Wheat Ridge Code of Laws, concerning Commercial Mobile Radio Service (CMRS) Facilities. (Case No. ZOA-00-10) Council Bill 30 was introduced on second reading by Mr. Edwards, who also read the title and summary; Clerk assigned Ordinance No. 1208. Alan White gave the staff report; he stated that this was heard by Planning Commission last Thursday; they unanimously recommended that Council not approve this unless there is an amendment made to require that Special Use Permits are required for CMRS Facilities in residential districts. Herb Quintana, representing NEXTEL Communications, was sworn in by the Mayor; he spoke in support of the Ordinance. Motion by Mr. Edwards to approve Council Bill 30 (Ordinance 1208) on second reading; seconded by Mr. DiTullio; carried 8-0. Item 3. Council Bill 31 An ordinance'amending the Wheat Ridge Code of Laws pertaining to the regulation of sexually-oriented businesses to make exceptions for a pre-existing use. Council Bill 31 was introduced on second reading by Mr. Hanley, who also read the title and summary. Mr. Dahl explained that this Ordinance is the result of litigation pertaining to one business in the City, which is not.conforming to our previously passed Ordinance regulating sexually oriented businesses. Motion by Mr. Hanley to approve Council Bill 31 on second reading; seconded by Mr. Siler. Motion by Mr. DiTullio to postpone Council Bill 31 indefinitely; seconded by Mrs. Shaver; carried 6-2 with Ms. Figlus and Mr. Hanley voting no. W --q~ . AGENDA ITEM REQUEST FOR COUNCIL ACTION Sept. 2s, 2000 _ PUBLIC HEARINGS _ ORDINANCES FOR 1ST READING (Date: ) _ BIDS/MOTIONS X ORDINANCES FOR 2ND READING RESOLUTIONS Quasi-Judicial: X Yes No SUBJECT: Case No. ZOA-00-10, an ordinance amending Section 26-30(T) of the Wheat Ridge Code of Laws pertaining to Commercial Mobile Radio Service facilities. SUMMARY AND BACKGROUND: The proposed amendment to the cell tower (CMRS) regulations allows administrative approval of building or structure mounted CMRS facilities in a residential zone district ONLY if they are proposed on a lot which contains a non-residential use. Thus, in a residential zone district, such facilities could be located on a church, school, or government building (which are conditional uses subject to review by Planning Commission) if they were structure or building mounted. Roof mounted facilities would be subject to the conditional use process. Freestanding towers would still be prohibited. Any such building or structure mounted facilities would be subject to the requirements for building or structure r -lted facilities as currently contained in the regulations. (Please note: This item is scheduled to be heard by the Planning Commission on September 21, 2000. At the time this report was prepared, there were no Planning Commission minutes available.) 1. Staff Memo Council Bill No. 38 •riginal budgeted amount: $ e Actual contracted amount: $ 1 Impact of expenditure on line item: $ 0 Account No.: N.A. ova 12--~ it, STAFF RECOMMENDATION: Approval on second reading. ORIGINATED BY: Alan White STAFF RESPONSIBLE: Alan White SUGGESTED MOTION: "I move to approve Council Bill No. 30 on second reading." C:\MvFilcs\WPFiles\Pmjects\zoning amendments\cm cc2nd.wpd City of Wheat Ridge Planning and Development Department Memorandum TO: City Council FROM: Alan White, Planning and Development Director RKU SUBJECT: Amendment to Cell Tower Regulations DATE: September 14, 2000 Attached is the proposed amendment to the cell tower (CMRS) regulations, Section 26-30(T) of the Code of Laws. The amendments allow administrative approval of building or structure mounted CMRS facilities in a residential zone district ONLY if they are proposed on a lot which contains a non-residential use. Thus, in a residential zone district, such facilities could be located on a church, school, or government building (which are conditional uses subject to review by Planning Commission) if they were structure or building mounted. Roof mounted facilities would be subject to the conditional use process. Freestanding towers would still be prohibited. Any such building or structure mounted facilities would be subject to the requirements for building or structure mounted facilities as currently contained in the regulations. These amendments would elevate non-residential uses in a residential zone districts to the same level of permitted CMRS facilities the same uses would have in a commercial or industrial zone district. In 'other words, a building mounted CMRS facility on a church or school could be , approved administratively whether it was in a commercial or residential zone district. Non-residential uses in the A-1 and A-2 districts are already covered by the existing regulations. Building and structure mounted facilities can be approved administratively. C:\MyFiles\WPFiles\Projecu\zoning amendments\cmrs amend.wpd INTRODUCED BY COUNCIL MEMBER Edwards Council Bill No. _3p Ordinance No. Series of 2000 TITLE: AN ORDINANCE AMENDING SECTION 26-30(T) OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING COMMERCIAL MOBILE RADIO SERVICE (CMRS) FACILITIES. WHEREAS, the City Council adopted regulations for commercial Mobile Radio Service (CMRS) facilities in 1996; and WHEREAS, the technology concerning these facilities has been and is rapidly changing; and WHEREAS, the City Council desires to keep the City's development regulations up to date to reflect current technology and to apply regulations and procedures consistently; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO,THAT: Section 1. Section 26-30 (T) of tlie Code of Laws is hereby amended to read: (T) Commercial Mobile Radio Service (CMRS) Facilities: (I) Prohibition. No CMRS facility shall be constructed in any residential ZONE district EXCEPT AS PROVIDED BELOW (vv ith the vAcepfivma~ SUBPARAGRAPH (3) HEREOF. ZONE DISTRICT (a) PUR UANT TO FACILITIES (b) BUILDING- OR STRUCTURE-MOUNTED CMRS FACILITIES MAY BE LOCATED IN A RESIDENTIAL ZONE DISTRICT IF LOCATED ON A PROPERTY CONTAINING A NON-RESIDENTIAL USE PURSUANT TO SUBPARAGRAPH 2(A) HEREOF. (c) ROOF-MOUNTED CMRS FACILITIES MAY BE LOCATED IN A RESIDENTIAL ZONE DISTRICT IF LOCATED ON A PROPERTY CONTAINING A NON-RESIDENTIAL USE PURSUANT TO SUBPARAGRAPH 2(B) HEREOF. (d) FREESTANDING CMRS FACILITIES SHALL NOT BE ALLOWED IN ANY RESIDENTIAL ZONE DISTRICT. (2) Review procedure-General. Proposed CMRS facilities in the RC-1, RC, C-1, C- 2, I, A-1 and A-2 zone districts and as permitted in residential zone districts shall be reviewed pursuant to the following procedures: (A) Building- or, structure-mounted CMRS facilities shall be reviewed b% the department of planning and development for compliance with the requirements of the Zoning Ordinance. (B) Roof-mounted CMRS facilities must receive a conditional use permit. pursuant to the procedure at section 26-6(A). (C) Freestanding CMRS facilities must receive a special use permit. pursuant to the procedure at section 26-6(B). (3) Review procedure-Planned development districts. Roof-mounted and freestanding CMRS facilities proposed for construction in any planned development district (including planned residential districts); unless specifically listed or shown as such in the final development plan, require amendment of the final development plan. Building- or structure-mounted CMRS facilities proposed for construction in any planned development district (including planned residential districts) may be permitted by the department of planning and development pursuant to section 26-25, provided the proposed facility is consistent with the character of the district. (4) Multiple providers. No more than one (1) roof-mounted or freestanding CMRS facility may be constructed or maintained upon a property in single ownership; provided, however, that additional CMRS facilities may be approved at the same location by conditional or special use review, consistent with subsection (T)(2), provided all other requirements of subsection (T) and the Zoning Ordinance are met. (5) Building- or structure-mounted CMRS facilities shall be subject to the following requirements: (A) Such facilities shall be architecturally compatible with the colored to match the building or structure to which they are attached. (B) The maximum protrusion of such facilities from the building or structure face to which they are attached shall be two (2) feet. (C) Building or structure mounted whip antennas shall extend no more than ten (10) feet above the highest point of the building or structure to which they are attached. (6) Roof-mounted CMRS facilities shall be screened or camouflaged as appropriate from view from adjacent property lines. Such facilities are additionally subject to the following requirements: (A) Such facilities shall be architecturally compatible with and colored to match the building or structure to which they are attached. (B) Roof-mounted CMRS whip antennas shall extend no more than ten (10) feet above the parapet of any flat roof or ridge of a sloped roof to which they are attached. (C) Roof-mounted CMRS panel antennas shall extend no more than seven (7) feet above the parapet of a flat roof or ridge of a sloped roof to %vhich the% are mounted. (D) Roof-mounted CMRS accessory structures shall extend no more than seven (7) feet above any parapet of a flat roof upon which the% may be placed, and shall not be permitted on a sloped roof. (7) Freestanding CMRS facilities shall be visually screened from adjacent residential development and public rights-of-way as follows: (A) All accessory buildings and equipment cabinets shall be totally screened from view from adjacent property lines. (B) Screening, landscaping and/or exterior building finishes and colors shall be compatible with the existing character of the site and adjacent properties and shall be determined as part of the special use permit review process. (8) Pursuant to Charter section 5.10.1, and notwithstanding any other provision of this Code to the contrary, no CMRS facility shall exceed the height limit applicable to the underlying zone district in which such facility is located. (9) The construction and use of a CMRS facility shall not cause interference to other adjacent CMRS facilities. The City of Wheat Ridge shall be held harmless if interference occurs. (1 Q) CMRS facilities which are abandoned by disconnection of power service, equipment removal or loss of lease for greater than six (6) months shall be removed by the CMRS facility owner. Should the owner fail to remove the facilities, the city may do so at its option, and the costs thereof shall be a charge against the owner. (11) Notwithstanding any provision of this subsection (T) to the contrary, any freestanding CMRS facilities legally existing upon the effective date of these regulations: November 18, 1996, shall be considered legal nonconforming uses. Additional antennas may be permitted to be collocated upon such facilities, provided such facility is certified by a registered, professional engineer that it was originally designed and constructed, without need of structural modifications, including increased height, to handle the additional load. Any such addition to nonconforming freestanding facilities will be allowed only upon special use review and approval pursuant to section 26-6(B). This provision does not apply to roof or building mounted CMRS facilities. Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted b% a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. Supersession Clause. If any provision, requirement or standard established b, this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 5. This ordinance shall take effect 1_ days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 11th day of September 2000, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for September 25 , 2000, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2000. SIGNED by the Mayor on this day "of , 2000. GRETCHEN CERVENY, MAYOR ATTEST: Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY Commissioner McNAMEE questioned whether the proposed ratio would affect the required number of parking spaces. Chair MacDOUGALL declared a brief recess at 8:50 p.m. to allow staff to recalculate parking requirements. The meeting was reconvened at 9:05 p.m. Commissioner SNOW asked if there would be sufficient parking with the 70-30% ratio. Meredith Reckert replied that there would not be sufficient parking. Commissioner SNOW then withdrew her amendment. A vote was taken on the motion. It passed by a vote of 7-0 with Commissioner GOKEY absent. B. Case No. Z6A-00-10: An ordinance amending Section 26-30(T) of the Wheat Ridge Code of Laws concerning Commercial Mobile Radio Service (CMRS) facilities. This case was presented by Alan White. He reviewed the staff report and the proposed ordinance which would allow rooftop or building-mounted CMRS facilities to be located in Planned Residential Districts on properties containing a non-residential use. Freestanding CMRS towers would still be prohibited in Planned Residential Districts. Applications for building and structure mounted facilities would be decided through an administrative process. Rooftop mounted facilities would be subject to the conditional use process. Herb Quintana 5453 S. Ulster, Denver Mr. Quintana, representing Nextel Communications, was sworn in by Chair MacDOUGALL. He invited questions from the Commission. Commissioner THOMPSON asked if the present large boxes required for building mounted CMRS facilities would be replaced as technology improves to require smaller boxes. Mr. Quintana stated Nextel's policy would be to replace them. However, that policy is subjective and depends upon the desire of the landlord and whether or not the existing equipment is cost- effective to Nextel. In response to another question from Commissioner THOMPSON, Mr. Quintana stated that his company works with building owners to provide architecturally pleasing facilities. Commissioner SNOW expressed concern about administrative approvals and felt that neighbors should have opportunity to voice objections to building- or roof-mounted CMRS facilities through a public hearing process. Commissioner COLLINS expressed his opinion that CMRS facilities, which are commercial facilities, should not be allowed on non-commercial buildings such as churches or schools in residential areas. Planning Commission Page 4 September 21, 2000 It was moved by Commissioner SNOW and seconded by Commissioner COLLINS that the Planning Commission recommend to City Council that Case No. ZOA-00-10, an amendment to Section 26-30(T) of the Code of Laws pertaining to Commercial Mobile Radio Service facilities not be approved at this time unless there is an amendment to the ordinance which would require a special use permit for any CMRS facility in residential areas. The motion passed 7-0 with Commissioner GOKEY absent. 8. CLOSE PUBLIC HEARING Chair MacDOUGALL declared the public hearing closed. 9. OLD BUSINESS There was no old business to come before the Commission. 10. NEW BUSINESS A. Screening of Rooftop Mechanical Equipment - It was moved by Commissioner DOYLE and seconded by Commissioner SNOW that Planning Commission recommend to City Council that funds be appropriated to carry out screening of the mechanical equipment on the top of the new recreation center as well as any future buildings that are constructed by the city. The motion passed 7-0 with Commissioner GOKEY absent. 11. COMMISSION REPORTS There were no Commission reports. 12. COMMITTEE AND DEPARTMENT REPORTS There were no committee or department reports. 13. ADJOURNMENT It was moved by Commissioner SNOW and seconded by Commissioner McNAMEE to adjourn the meeting at 9:40 p.m. The motion passed 7-0 with Commissioner GOKEY absent. DON MacD UGALL, Ch Ann Lazzeri, Recordi ecretary Planning Commission September 21, 2000 Page 5 of W"Eq r City of Wheat Ridge Po Planning and Development Department U Memorandum TO: Planning Commission FROM: Alan White, Planning and Development Director SUBJECT: Case No. ZOA 00-10, Amendment to Cell Tower Regulations DATE: September 14, 2000 Background: Attached is the proposed amendment to the cell tower (CMRS) regulations, Section 26-30(T) of the Code of Laws. The amendments allow administrative approval of building or structure mounted CMRS facilities in a residential zone district ONLY if they are proposed on a lot which contains a non-residential use. Thus, in a residential zone district, such facilities could be located on a church, school, or government building (which are conditional uses subject to review by Planning Commission) if they were structure or building mounted. Roof mounted facilities would be subject to the conditional use process. Freestanding towers would still be prohibited. Any such building or structure mounted facilities would be subject to the requirements for building or structure mounted facilities as currently contained in the regulations. These amendments would elevate non-residential uses in a residential zone districts to the same level of permitted CMRS facilities the same uses would have in a commercial or industrial zone district. In other words, a building mounted CMRS facility on a church or school could be approved administratively whether it was in a commercial or residential zone district. Non-residential uses in the A-1 and A-2 districts are already covered by the existing regulations. Building and structure mounted facilities can be approved administratively. Staff Recommendation: Approval Suggested Motion: "I move to recommend approval of Case NO. ZOA 00-10, an amendment to Section 26-30 (T) of the Code of Laws pertaining to Commercial Mobile Radio Service facilities." C:\MyFiles\WPFiles\Project\zoning amendmenM\cmrs amendpc.wpd INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2000 TITLE: AN ORDINANCE AMENDING SECTION 26-30(T) OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING COMMERCIAL MOBILE RADIO SERVICE (CMRS) FACILITIES. WHEREAS, the City Council adopted regulations for Commercial Mobile Radio Service (CMRS) facilities in 1996; and WHEREAS, the technology concerning these facilities has been and is rapidly changing; and WHEREAS, the City Council desires to keep the City's development regulations up to date to reflect current technology and to apply regulations and procedures consistently; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO,THAT: Section 1. Section 26-30 (T) of the Code of Laws is hereby amended to read: (T) Commercial Mobile Radio Service (CMRS) Facilities: (1) Prohibition. No CMRS facility shall be constructed in any residential ZONE district EXCEPT AS PROVIDED BELOW (vvith the exception of Pl=me Residential Districts pursuant to subparagraph (3) hmeof): (a) CMRS FACILITIES MAY BE LOCATED IN A PRD ZONE DISTRICT PURSUANT TO SUBPARAGRAPH (3) HEREOF. (b) BUILDING- OR STRUCTURE-MOUNTED CMRS FACILITIES MAY BE LOCATED IN A RESIDENTIAL ZONE DISTRICT IF LOCATED ON A PROPERTY CONTAINING A NON-RESIDENTIAL USE PURSUANT TO SUBPARAGRAPH 2(A) HEREOF. (c) ROOF-MOUNTED CMRS FACILITIES MAY BE LOCATED IN A RESIDENTIAL ZONE DISTRICT IF LOCATED ON A PROPERTY CONTAINING A NON-RESIDENTIAL USE PURSUANT TO SUBPARAGRAPH 2(B) HEREOF. (d) FREESTANDING CMRS FACILITIES SHALL NOT BE ALLOWED IN ANY RESIDENTIAL ZONE DISTRICT. (2) Review procedure-General. Proposed CMRS facilities in the RC-1, RC, C-1, C- 2, I, A-1 and A-2 zone districts and as permitted in residential zone districts shall be reviewed pursuant to the following procedures: (A) Building- or structure-mounted CMRS facilities shall be reviewed by the department of planning and development for compliance with the requirements of the Zoning Ordinance. (B) Roof-mounted CMRS facilities must receive a conditional use permit, pursuant to the procedure at section 26-6(A). (C) Freestanding CMRS facilities must receive a special use permit, pursuant to the procedure at section 26-6(B). (3) Review procedure-Planned development districts. Roof-mounted and freestanding CMRS facilities proposed for construction in any planned development district (including planned residential districts); unless specifically listed or shown as such in the final development plan, require amendment of the final development plan. Building- or structure-mounted CMRS facilities proposed for construction in any planned development district (including planned residential districts) may be permitted by the department of planning and development pursuant to section 26-25, provided the proposed facility is consistent with the character of the district. (4) Multiple providers. No more than one (1) roof-mounted or freestanding CMRS facility may be constructed or maintained upon a property in single ownership; provided, however, that additional CMRS facilities may be approved at the same location by conditional or special use review, consistent with subsection (T)(2), provided all other requirements of subsection (T) and the Zoning Ordinance are met. (5) Building- or structure-mounted CMRS facilities shall be subject to the following requirements: (A) Such facilities shall be architecturally compatible with the colored to match the building or structure to which they are attached. (B) The maximum protrusion of such facilities from the building or structure face to which they are attached shall be two (2) feet. (C) Building or structure mounted whip antennas shall extend no more than ten (10) feet above the highest point of the building or structure to which they are attached. (6) Roof-mounted CMRS facilities shall be screened or camouflaged as appropriate from view from adjacent property lines. Such facilities are additionally subject to the following requirements: (A) Such facilities shall be architecturally compatible with and colored to match the building or structure to which they are attached. (B) Roof-mounted CMRS whip antennas shall extend no more than ten (10) feet above the parapet of any flat roof or ridge of a sloped roof to which they are attached. (C) Roof-mounted CMRS panel antennas shall extend no more than seven (7) feet above the parapet of a flat roof or ridge of a sloped roof to which they are mounted. (D) Roof-mounted CMRS accessory structures shall extend no more than seven (7) feet above any parapet of a flat roof upon which they may be placed, and shall not be permitted on a sloped roof. (7) Freestanding CMRS facilities shall be visually screened from adjacent residential development and public rights-of-way as follows: (A) All accessory buildings and equipment cabinets shall be totally screened from view from adjacent property lines. (B) Screening, landscaping and/or exterior building finishes and colors shall be compatible with the existing character of the site and adjacent properties and shall be determined as part of the special use permit review process. (8) Pursuant to Charter section 5.10.1, and notwithstanding any other provision of this Code to the contrary, no CMRS facility shall exceed the height limit applicable to the underlying zone district in which such facility is located. (9) The construction and use of a CMRS facility shall not cause interference to other adjacent CMRS facilities. The City of Wheat Ridge shall be held harmless if interference occurs. (10) CMRS facilities which are abandoned by disconnection of power service, equipment removal or loss of lease for greater than six (6) months shall be removed by the CMRS facility owner. Should the owner fail to remove the facilities, the city may do so at its option, and the costs thereof shall be a charge against the owner. (11) Notwithstanding any provision of this subsection (T) to the contrary, any freestanding CMRS facilities legally existing upon the effective date of these regulations: November 18, 1996, shall be considered legal nonconforming uses. Additional antennas may be permitted to be collocated upon such facilities, provided such facility is certified by a registered, professional engineer that it was originally designed and constructed, without need of structural modifications, including increased height, to handle the additional load. Any such addition to nonconforming freestanding facilities will be allowed only upon special use review and approval pursuant to section 26-6(B). This provision does not apply to roof or building mounted CMRS facilities. Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 5. This ordinance shall take effect days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of 2000, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for , 2000, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2000. SIGNED by the Mayor on this day of 2000. GRETCHEN CERVENY, MAYOR ATTEST: Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY I st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: eApImning\forms\ord.frm NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge PLANNING COMMISSION on September 21, 2000 at 7:30 p.m. in the City Council Chambers of the Municipal Building at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petitions shall be heard: Case No. ZOA-00-10: An ordinance amending Section 26-30(T) of the Wheat Ridge Code of Laws concerning Commercial Mobile Radio Service (CMRS) facilities. Case No. WZ-00-11: An application by Tony Ficco for Legend Properties, LLC for approval of a rezoning from Residential-Two (R-2) and Restricted-Commercial (RC) to a Planned Commercial Development for the purpose of building a retail and service center. Said property is located at 9751 W. 44' Avenue and is legally described as follows: Lot 1, 44 h Avenue Business Park Minor Subdivision as recorded on March 30, 2000 in Plat Book 100 at Page 163, County of Jefferson, State of Colorado. Kathy Field, Senior Secretary ATTEST: Wanda Sang, City Clerk To be Published: September 1, 2000 Wheat Ridge Transcript C:UKathy\PCAPTS\PLANGCOM\POBHRG\000921 pub.wpd OF WHEgT AGENDA ITEM REQUEST FOR COUNCIL ACTION Sept. 11, 2000 ~O<ORPOO PUBLIC HEARINGS X ORDINANCES FOR 1ST READING BIDS/MOTIONS _ ORDINANCES FOR 2ND READING RESOLUTIONS Quasi-Judicial: X Yes No SUBJECT: Case No. ZOA-00-10/CMRS facilities SUMMARY AND BACKGROUND: A proposed ordinance amending Section 26-30(T) of the Wheat Ridge Code of Laws pertaining to CMRS (Commercial Mobile Radio Service) facilities. Planning Commission action will occur on September 21, 2000. ATTACHMENTS: 1. Memo to Vance Edwards I2. Proposed Ordinance. Original budgeted amount: $0 Actual contracted amount: $0 Impact of expenditure on line item: $0 Budget Account No.: N/A STAFF RECOMMENDATION: Approval ORIGINATED BY: Alan White; Director of Planning and Development STAFF RESPONSIBLE: Meredith Reckert, Senior Planner SUGGESTED MOTION: "I move that Council Bill No. be approved on first reading, ordered published, and the public hearing be set for Monday, September 25, 2000, at 7:00 p.m. in City Council Chambers, Municipal Building and if approved on second reading take effect 15 days after final publication." EAPI nningTORMWOUNCIL ACTION PAGE. pd 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80215 Wheat Ridv FAX 303/235-2857 August 21, 2000 Herb Quintana Nextel Communications 4653 South Ulster Street #500 Denver, CO 80237 Dear Herb: This letter is in regard to your submittal for approval of installation of a CMRS facility on the Beth Eden property located at 2600 Wadsworth. The property in question is zoned Residential- Two and a has a church and private school on it. Your submittal shows a 50' high bell tower'with concealed panel antennas and a submerged equipment cabinet with a 6' high brick concealing wall. The City's current regulations for CMRS facilities do not allow any such facilities in our residential zone districts. However, staff has been directed to prepare an amendment to the existing regulations to allow stealth installations on property zoned residential. Staff believes this amendment is appropriate as long as the primary use of the property is not residential. Permitted non-residential uses include churches, schools and government buildings. Attached is a copy of the proposed ordinance revision. The proposed legislation will be reviewed by Planning Commission at a public hearing held on September 21, 2000. At the time of this writing, a City Council public hearing date has not yet been established. Please understand that we cannot issue a permit for this facility until the ordinance is adopted by Council. The height limitation in all of the City's residential zone district is 35'. Section 5.10.1. of the City Charter excludes the following from the restriction : Church steeples, silos, decorative domes and cupolas not used for human occupancy or any commercial business or industrial use, nor to windmill, chimneys, ventilators, transmission towers, solar heating and cooling devices, water towers, antennas and mechanical equipment. Staff has determined that a bell tower is similar to a church steeple and can, therefore, be excluded from this height limitation. All structures in the R-2 zone district must be setback 30' from a public street. If you have any questions, do not hesitate to contact me at 303-235-2848. Sincerely, Meredith Reckert, AICP Senior Planner c: 2600 Wadsworth building file ZOA-00-10 INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2000 TITLE: AN ORDINANCE AMENDING SECTION 26-30(T) OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING COMMERCIAL MOBILE RADIO SERVICE (CMRS) FACILITIES. WHEREAS, the City Council adopted regulations for Commercial Mobile Radio Service (CMRS) facilities in 1996; and WHEREAS, the technology concerning these facilities has been and is rapidly changing; and WHEREAS, the City Council desires to keep the City's development regulations up to date to reflect current technology and to apply regulations and procedures consistently; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Section 26-30 (T) of the Code of Laws is hereby amended to read: (T) Commercial Mobile Radio Service (CMRS) Facilities: (1) Prohibition. No CMRS facility shall be constructed in any residential ZONE district EXCEPT AS PROVIDED BELOW (with the exception of Plmrne (a) CMRS FACILITIES MAY BE LOCATED IN A PRD ZONE DISTRICT PURSUANT TO SUBPARAGRAPH (3) HEREOF. (b) BUILDING- OR STRUCTURE-MOUNTED CMRS FACILITIES MAY BE LOCATED IN A RESIDENTIAL ZONE DISTRICT IF LOCATED ON A PROPERTY CONTAINING A NON-RESIDENTIAL USE PURSUANT TO SUBPARAGRAPH 2(A) HEREOF. (c) ROOF-MOUNTED CMRS FACILITIES MAY BE LOCATED IN A RESIDENTIAL ZONE DISTRICT IF LOCATED ON A PROPERTY CONTAINING A NON-RESIDENTIAL USE PURSUANT TO SUBPARAGRAPH 2(B) HEREOF. (d) FREESTANDING CMRS FACILITIES SHALL NOT BE ALLOWED IN ANY RESIDENTIAL ZONE DISTRICT. (2) Review Procedure-General. Proposed CMRS facilities in the RC-1, RC, C-1, C- 2, I, A-1 and A-2 zone districts and as permitted in residential zone districts shall be reviewed pursuant to the following procedures: (A) Building- or structure-mounted CMRS facilities shall be reviewed by the department of planning and development for compliance with the requirements of the Zoning Ordinance. (B) Roof-mounted CMRS facilities must receive a conditional use permit, pursuant to the procedure at section 26-6(A). (C) Freestanding CMRS facilities must receive a special use permit, pursuant to the procedure at section 26-6(B). (3) Review procedure-Planned development districts. Roof-mounted and freestanding CMRS facilities proposed for construction in any planned development district (including planned residential districts); unless specifically listed or shown as such in the final development plan, require amendment of the final development plan. Building- or structure-mounted CMRS facilities proposed for construction in any planned development district (including planned residential districts) may be permitted by the department of planning and development pursuant to section 26-25, provided the proposed facility is consistent with the character of the district. (4) Multiple providers. No more than one (1) roof-mounted or freestanding CMRS facility may be constructed or maintained upon a property in single ownership; provided, however, that additional CMRS facilities may be approved at the same location by conditional or special use review, consistent with subsection (T)(2), provided all other requirements of subsection (T) and the Zoning Ordinance are met. (5) Building- or structure-mounted CMRS facilities shall be subject to the following requirements: (A) Such facilities shall be architecturally compatible with the colored to match the building or structure to which they are attached. (B) The maximum protrusion of such facilities from the building or structure face to which they are attached shall be two (2) feet. (C) Building or structure mounted whip antennas shall extend no more than ten (10) feet above the highest point of the building or structure to which they are attached. (6) Roof-mounted CMRS facilities shall be screened or camouflaged as appropriate from view from adjacent property lines. Such facilities are additionally subject to the following requirements: (A) Such facilities shall be architecturally compatible with and colored to match the building or structure to which they are attached. (B) Roof-mounted CMRS whip antennas shall extend no more than ten (10) feet above the parapet of any flat roof or ridge of a sloped roof to which they are attached. (C) Roof-mounted CMRS panel antennas shall extend no more than seven (7) feet above the parapet of a flat roof or ridge of a sloped roof to which they are mounted. (D) Roof-mounted CMRS accessory structures shall extend no more than seven (7) feet above any parapet of a flat roof upon which they may be placed, and shall not be permitted on a sloped roof. (7) Freestanding CMRS facilities shall be visually screened from adjacent residential development and public rights-of-way as follows: (A) All accessory buildings and equipment cabinets shall be totally screened from view from adjacent property lines. (B) Screening, landscaping and/or exterior building finishes and colors shall be compatible with the existing character of the site and adjacent properties and shall be determined as part of the special use permit review process. (8) Pursuant to Charter section 5.10.1, and notwithstanding any other provision of this Code to the contrary, no CMRS facility shall exceed the height limit applicable to the underlying zone district in which such facility is located. (9) The construction and use of a CMRS facility shall not cause interference to other adjacent CMRS facilities. The City of Wheat Ridge shall be held harmless if interference occurs. 0 Q) CMRS facilities which are abandoned by disconnection of power service, equipment removal or loss of lease for greater than six (6) months shall be removed by the CMRS facility owner. Should the owner fail to remove the facilities, the city may do so at its option, and the costs thereof shall be a charge against the owner. 01) Notwithstanding any provision of this subsection (T) to the contrary, any freestanding CMRS facilities legally existing upon the effective date of these regulations: November 18, 1996, shall be considered legal nonconforming uses. Additional antennas may be permitted to be collocated upon such facilities, provided such facility is certified by a registered, professional engineer that it was originally designed and constructed, without need of structural modifications, including increased height, to handle the additional load. Any such addition to nonconforming freestanding facilities will be allowed only upon special use review and approval pursuant to section 26-6(B). This provision does not apply to roof or building mounted CMRS facilities. Section 2. Safety Clause The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, suchjudgment shall not affect application to other persons or circumstances. Section 4. Supersession Clause If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 5. This ordinance shall take effect days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of 2000, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for , 2000, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2000. SIGNED by the Mayor on this day of 2000. GRETCHEN CERVENY, MAYOR ATTEST: Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY City of Wheat Ridge Planning and Development Department Memorandum TO: Council Member Vance Edwards FROM: Alan White, Planning and Development Director ~1a411~ SUBJECT: Amendment to Cell Tower Regulations DATE: August 17, 2000 O 4 F WHEgr ~ P~ a A U fn cOC OR POO Attached is the proposed amendment to the cell tower (CMRS) regulations I spoke of the other night. The amendments allow administrative approval of building or structure mounted CMRS facilities in a residential zone district ONLY if they are proposed on a lot which contains a non- residential use. Thus, in a residential zone district, such facilities could be located on a church, school, or government building (which are conditional uses subject to review by Planning Commission) if they were structure or building mounted. Roof mounted facilities would be subject to the conditional use process. Freestanding towers would still be prohibited. (This works for Beth Eden because the bell tower would be considered a structure, and the CMRS facilities therefore would be considered structure mounted.) Any such building or structure mounted facilities would be subject to the requirements for building or structure mounted facilities as currently contained in the regulations. These amendments would elevate non-residential uses in a residential zone districts to the same level of permitted CMRS facilities the uses would have in a commercial or industrial zone district. In other words, a building mounted CMRS facility on a church could be approved administratively whether it was in a commercial or residential zone district. Non-residential uses in the A-1 and A-2 districts are already covered by the existing regulations. Building and structure mounted facilities can be approved administratively. CAMyFJes\WPFJes\PmjectVoning amendments\cm amend.wpd INTRODUCED BY COUNCIL MEMBER Council Bill No. _ Ordinance No. _ Series of 2000 TITLE: AN ORDINANCE AMENDING SECTION 26-30(T) OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING COMMERCIAL MOBILE RADIO SERVICE (CMRS) FACILITIES. WHEREAS, the City Council adopted regulations for Commercial Mobile Radio Service (CMRS) facilities in 1996; and WHEREAS, the technology concerning these facilities has been and is rapidly changing; and WHEREAS, the City Council desires to keep the City's development regulations up to date to reflect current technology and to apply regulations and procedures consistently; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO,THAT: Section 1. Section 26-30 (T) of the Code of Laws is hereby amended to read: (T) Commercial Mobile Radio Service (CMRS) Facilities: (1) Prohibition. No CMRS facility shall be constructed in any residential ZONE district EXCEPT AS PROVIDED BELOW (with the exception of Planne Residential Districts pursumit to subpatagraph (3) hereof): (a) CMRS FACILITIES MAY BE LOCATED IN A PRD ZONE DISTRICT PURSUANT TO SUBPARAGRAPH (3) HEREOF. (b) BUILDING- OR STRUCTURE-MOUNTED CMRS FACILITIES MAY BE LOCATED IN A RESIDENTIAL ZONE DISTRICT IF LOCATED ON A PROPERTY CONTAINING A NON-RESIDENTIAL USE PURSUANT TO SUBPARAGRAPH 2(A) HEREOF. (c) ROOF-MOUNTED CMRS FACILITIES MAY BE LOCATED IN A RESIDENTIAL ZONE DISTRICT IF LOCATED ON A PROPERTY CONTAINING A NON-RESIDENTIAL USE PURSUANT TO SUBPARAGRAPH 2(B) HEREOF. (d) FREESTANDING CMRS FACILITIES SHALL NOT BE ALLOWED IN ANY RESIDENTIAL ZONE DISTRICT. (2) Review procedure-General. Proposed CMRS facilities in the RC-I, RC, C-1, C- 2,1, A-1 and A-2 zone districts and as permitted in residential zone districts shall be reviewed pursuant to the following procedures: (A) Building- or structure-mounted CMRS facilities shall be reviewed by the department of planning and development for compliance with the requirements of the Zoning Ordinance. (B) Roof-mounted CMRS facilities must receive a conditional use permit, pursuant to the procedure at section 26-6(A). (C) Freestanding CMRS facilities must receive a special use permit, pursuant to the procedure at section 26-6(B). (3) Review procedure-Planned development districts. Roof-mounted and freestanding CMRS facilities proposed for construction in any planned development district (including planned residential districts); unless specifically listed or shown as such in the final development plan, require amendment of the final development plan. Building- or structure-mounted CMRS facilities proposed for construction in any planned development district (including planned residential districts) may be permitted by the department of planning and development pursuant to section 26-25, provided the proposed facility is consistent with the character of the district. (4) Multiple providers. No more than one (1) roof-mounted or freestanding CMRS facility may be constructed or maintained upon a property in single ownership; provided, however, that additional CMRS facilities may be approved at the same location by conditional or special use review, consistent with subsection (T)(2), provided all other requirements of subsection (T) and the Zoning Ordinance are met. (5) Building- or structure-mounted CMRS facilities shall be subject to the following requirements: (A) Such facilities shall be architecturally compatible with the colored to match the building or structure to which they are attached. (B) The maximum protrusion of such facilities from the building or structure face to which they are attached shall be two (2) feet. (C) Building or structure mounted whip antennas shall extend no more than ten (10) feet above the highest point of the building or structure to which they are attached. (6) Roof-mounted CMRS facilities shall be screened or camouflaged as appropriate from view from adjacent property lines. Such facilities are additionally subject to the following requirements: (A) Such facilities shall be architecturally compatible with and colored to match the building or structure to which they are attached. (B) Roof-mounted CMRS whip antennas shall extend no more than ten (10) feet above the parapet of any flat roof or ridge of a sloped roof to which they are attached. (C) Roof-mounted CMRS panel antennas shall extend no more than seven (7) feet above the parapet of a flat roof or ridge of a sloped roof to which they are mounted. (D) Roof-mounted CMRS accessory structures shall extend no more than seven (7) feet above any parapet of a flat roof upon which they may be placed, and shall not be permitted on a sloped roof. (7) Freestanding CMRS facilities shall be visually screened from adjacent residential development and public rights-of-way as follows: (A) All accessory buildings and equipment cabinets shall be totally screened from view from adjacent property lines. (B) Screening, landscaping and/or exterior building finishes and colors shall be compatible with the existing character of the site and adjacent properties and shall be determined as part of the special use permit review process. (8) Pursuant to Charter section 5.10.1, and notwithstanding any other provision of this Code to the contrary, no CMRS facility shall exceed the height limit applicable to the underlying zone district in which such facility is located. (9) The construction and use of a CMRS facility shall not cause interference to other adjacent CMRS facilities. The City of Wheat Ridge shall be held harmless if interference occurs. (1Q) CMRS facilities which are abandoned by disconnection of power service, equipment removal or loss of lease for greater than six (6) months shall be removed by the CMRS facility owner. Should the owner fail to remove the facilities, the city may do so at its option, and the costs thereof shall be a charge against the owner. (11) Notwithstanding any provision of this subsection (T) to the contrary, any freestanding CMRS facilities legally existing upon the effective date of these regulations: November 18, 1996, shall be considered legal nonconforming uses. Additional antennas may be permitted to be collocated upon such facilities, provided such facility is certified by a registered, professional engineer that it was originally designed and constructed, without need of structural modifications, including increased height, to handle the additional load. Any such addition to nonconforming freestanding facilities will be allowed only upon special use review and approval pursuant to section 26-6(B). This provision does not apply to roof or building mounted CMRS facilities. Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 5. This ordinance shall take effect days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of 2000, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for , 2000, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2000. SIGNED by the Mayor on this day of 2000. GRETCHEN CERVENY, MAYOR ATTEST: Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY I st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: eApImning\fmms\ord.frm