HomeMy WebLinkAboutOrdinance 1631CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER DOZEMAN
COUNCIL BILL NO. 19
ORDINANCE NO. 1631
Series 2017
TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE
CODE OF LAWS REGARDING SMALL CELL CMRS FACILITIES
WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a Colorado home
rule municipality, duly organized and existing pursuant to Section 6 of Article XX of the
Colorado Constitution; and
WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the
City, acting through its City Council (the "Council"), is authorized to adopt ordinances
for the protection of the public health, safety or welfare; and
WHEREAS, in the exercise of this authority the Council has previously adopted
Section 26-215 of the Wheat Ridge Code of Laws ('Code") concerning commercial
mobile radio service; and
WHEREAS, the Council recently amended Section 26-615 of the Code to
address changes in law regarding telecommunication facilities and to make conforming
amendments in connection therewith; and
WHEREAS, the Council finds that a minor amendment to Section 26-615 of the
Code is necessary to properly limit the definition of "small cell" wireless facility.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Section 26-615(1) of the Code is hereby amended as follows:
Small Cell CMRS Facility FReaRs eit/:Jer:
1. A personal '<'fireless servioe faoility as defined by the Federal
Teleoommunioations Aot of 1996, as amended as of August 6, 2014; or
2. A wireless service facility that meets both of the following qualifications:
a:-.1:. 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
&.-2. Primary equipment enclosures are not larger than seventeen cubic feet
in volume. 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
-1-
power systems, grounding equipment, power transfer switch, and cut-off
switch.
Section 2. Section 26-615.H.b is amended to read:
Height. All small cell facilities shall not exceed THREE twe feet above
the light pole, traffic signal or other facility or structure to which they are
attached, or the maximum height in the relevant zone district, whichever
is less. When new utility poles are proposed as an alternative tower,
their height shall be similar to existing utility/light poles in the vicinity.
Section 3. Severabilitv, Conflicting Ordinances Repealed. If any section,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall
not be affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed.
Section 4. Effective Date. This Ordinance shall take effect upon adoption and
signature by the Mayor and City Clerk, as permitted by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on
this 13th day of November, 2017, 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 December 11, 2017 at 7:00 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 6 to 1, this 11th day of December, 2017.
SIGNED by the Mayor on this 11th day of {JJb9li)/ r;..___
Bud Starker, Mayor
ATTEST:
-2-
First Publication: November 16, 2017
Second Publication: December 14, 2017
Wheat Ridge Transcript
Effective Date: December 11, 2017
Published:
Wheat Ridge Transcript and www.ci.wheatridge.co.us
-3-