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HomeMy WebLinkAboutOrdinance-1986-0647INTRODUCED BY COUNCILMEMBER FLASCO ORDINANCE NO. 647 SERIES OF 1985 TITLE: AN ORDINANCE AMENDING APPENDIX A OF THE CODE OF LAWS OF THE CI'T'Y OF WHEAT RIDGE BY ADDING SECTION 27(J) RELATING TO SATELLITE SIGNAL RECEIVING EARTH STATIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Appendix A of the Code of Laws of the City of Wheat Ridge, Colorado, is amended by adding Section 27(1) as follows: SECTION 27(1) SATELLITE SIGNAL-RECEIVING EARTH STATIONS 1. Definitions. A "satellite earth station" means an antenna of any size, shape or description designed for the purpose of receiving microwave transmissions directly or indirectly from satellites. 2. Permit required: application and fee. No person shall erect a satellite earth station in the City without first obtaining a permit, and no installation or erection shall commence before such permit is issued. 3. Application for permit and plans. (a) Any person who desires to install or erect a satellite earth station shall apply to the Department of Community Development for a permit. An occupant, renter, or co-owner shall have the written permission of all owner(s) of the lot, premises or parcel of land within the City on which such satellite earth station is proposed to be installed or erected. (b) The applicant shall submit a written application upon forms provided by the Department of Community Development and shall also submit (1) a plot plan of the property or parcel of land showing the exact location of the proposed satellite earth station and all other buildings on the subject property; (2) a description of the kind of satellite earth station proposed; (3) plans showing specifications and elevations of the proposed satellite earth station with sufficient details to show the method of assembly and construction. (c) The written application shall indicate the names of the owner(s) of the subject property, the occupant of the subject property, the occupant of the subject premises and the contractor or other person proposed to construct or erect the proposed satellite earth station. (d) The Director of Community Development, or his designee, may issue the permit provided the applicant has met all requirements of this Chapter. 4. Permit fee. Prior to issuance of a permit for a satellite earth station, the applicant shall pay the fee specified by the Uniform Building Code for building permits, based on valuation of the project. 5. Inspection and installation. The Director of Community Development or his designee, may inspect and reinspect erected or installed satellite earth stations and should, in his opinion, any structural or electrical deficiencies become apparent or develop with regard to the said satellite earth station such as to cause said station to be or to become out of compliance with any City adopted Codes or ordinances or Regulations, he shall require compliance with the provisions of applicable codes. 6. Location of Satellite Earth Stations. (a) A satellite earth station may be located in a residential zone provided that it is: 1) Neutral in color, non-reflective and bears no advertising emblem or information other than the name of the manufacturer in letters not to exceed two inches (2") in height; 2) Limited to one (1) per lot; 3) Not in excess of three meters or ten and one-half feet (101) feet in diameter; nor 15' in height. 4) Not roof mounted; 5) Located only in the rear yard with the base a minimum of ten feet from any property line; and 6) The full visual impact of satellite receiving antennas shall be reduced by screening. If the subject parcel adjoins a residential zone, all antennas shall be placed a minimum of ten feet (10') from any lot line and effectively screened by a fence, wall or dense screening hedge to a maximum height of six feet (6'). Said fence, wall or hedge shall be located on or near the lot line bounding the residential zone and shall otherwise comply with the applicable zoning requirements governing its location. A satellite earth station shall be located only in a rear yard a minimum of ten feet (10') from any lot line. 2 (b) A satellite earth station may be located in any business, commercial or industrial zone provided that it is: 1) Neutral in color, non-reflective and bears no advertising emblem or information other than the name of the manufacturer in letters not to exceed two inches (2") in height; 2) Limited to one (1) per lot or per building, whichever is less; 3) Not in excess of twelve feet (12') in diameter nor 20' in height; 4) If roof-mounted, not in excess of the maximum height of the zone district in which the satellite earth station is located. A study of roof capabilities to handle the additional load shall be submitted with permit and plans; 5) If not located directly on the ground, not constructed any closer to the ground than ten feet (10') and is not visible between ground level and ten feet (10') above ground level from any street adjoining the lot, and 6) If ground-mounted, not located between a building and a front lot line. The full visual impact of satellite receiving antennas shall be reduced by screening. If the subject parcel adjoins a residential zone, all antennas shall be placed a minimum of ten feet (10') from any lot line and effectively screened by a fence, wall or dense screening hedge to a maximum height of six feet (6'). Said fence, wall or hedge shall be located on or near the lot line bounding the residential zone and shall otherwise comply with the applicable zoning requirements governing its location. A satellite earth station shall be located only in a rear yard a minimum of ten feet (10') from any lot line. 7. Satellite earth station construction support structures. (a) The maximum diameter of any satellite earth station shall not exceed twelve feet (12'). (b) Only galvanized metal support construction or equivalent shall be permitted. (c) The structure, installation and electrical wiring must be in conformance with the National Electrical Code and any other applicable city building, zoning and fire codes. (d) Only a concrete base or caissons, depending on soil conditions, extending not less than three feet (3') below the surface shall be employed in line with grade. 3 (e) The maximum height of any satellite earth station shall be ten feet (10') from natural grade level except when roof-mounted, then it shall not exceed thirty-five feet (35'). (f) The structure, including the foundation, shall be designed to withstand wind force of up to ninety (90) miles per hour. (g) Any driving motor shall be limited to 125 volt maximum design voltage and all other rotating parts shall be contained in protective guards. (h) The satellite earth station shall be bonded to a grounding rod in accordance with the requirements provided in the National Electrical Code. 8. Prohibitions and penalty. No person, firm or corporation shall erect or maintain a satellite earth station except in compliance with provisions of this Chapter. Any violation of these provisions shall be a misdemeanor, and upon conviction therefore shall subject the violator to a fine not exceeding nine hundred ninety nine dollars ($999.00). In addition, any structure erected or maintained in violation of the provisions of this Chapter shall be deemed and considered a nuisance, and the City is hereby empowered to obtain injunctive relief requiring abatement of said nuisance, including the removal of any structure erected or maintained or installed in violation of the terms of this Chapter. In the event the City is forced to enforce the provisions of this Ordinance through the seeking of injunctive relief, the City shall be reimbursed for all of its costs, expenses, and attorneys fees incurred in enforcing the provisions of this Chapter. 9. Amortization. Subject to the provisions of this Section 9, any satellite earth station now existing in the City of Wheat Ridge is hereby declared to be a legal non-conforming structure; provided, however, that any such legal non-conforming structure which is reflective, not screened as provided for in this Ordinance, located in a front yard, or is roof-mounted in a residential zone shall be modified so as to be in compliance in all respects with the provisions of this Section 27(J) on or before January 1, 1987, unless a variance is granted pursuant to Section 10 of this Ordinance prior to January 1, 1987. Any such legal non-conforming structure not brought into compliance, or granted a variance, as specifically provided herein by that date shall become, on and after that date, an illegal structure subject to the provisions of Section 8 above. 4 10. Board of Adjustment Authority. Authority is expressly granted to the Board of Adjustment to hear requests for variance, and to grant variances, from the provisions of this Ordinance. 11. Exemption of Cable Television Permittee. It is the expressed intent of the Wheat Ridge City Council that the provisions of this Ordinance shall not apply to American Cablevision of Wheat Ridge or any successor or additional franchisee or permittee under Chapter 21A of the Code of Laws of the City of Wheat Ridge. 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 ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ 7 to 1 on this 25th day of November , 1985, 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 16 , 1985, at 7:30 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado 12/16/85 - continued to January 13, 1986. READ, ADOPTED, AND ORDERED PUBLISHED on second and final reading by a vote of 6 to 2 this I3th day of January , 1986. SIGNED by the Mayor on this 74th day of January 1986. -r Frank St ii es, Mayor 5 ATTEST: jj J _ 1 Wanda Sang, City C rk 1st Publication: 11/28/85 2nd Publication: 1/23/86 Wheat Ridge Sentinel: APPROVED AS TO FORM OFFICE OE/3TV~ Effff-tive Date: 2/7/86 John E Hayes