HomeMy WebLinkAboutOrdinance-1986-0681INTRODUCED BY COUNCILMEMBER FLASCO
Ordinance No. 681
Series of 1986
TITLE: AN ORDINANCE AMENDING THE. PROVISIONS OF SECTION 27(1)
OF APPENDIX A OF THE CODE OF LAWS OF THE CITY OF WHEAT
RIDGE, RELATING TO SATELLITE SIGNAL RECEIVING EARTH
STATIONS, BY ADDING THERETO A STATEMENT OF PURPOSE.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO AS FOLLOWS:
Section 1. Section 27(1) of Appendix A of the Code of Laws
of the City of wheat Ridge is hereby amended by the addition of
the following provisions:
12. Statement of Purpose. The City Council of the
City of Wheat Ridge is cognizant of the provisions of the Rule
adopted by the Federal Communication Commission as Section 25.104
of the Commission's Rules and Regulations. As its response
thereto, the City Council of the City of Wheat Ridge does hereby
declare that the purpose of adopting this section 27(1) is to
protect the aesthetic integrity of the City of Wheat Ridge and
the neighborhoods thereof. In adopting said section 27(J), the
City Council has attempted to adopt regulations which provide for
such aesthetic protection while placing the least possible
restrictions or limitations upon the legitimate ability of
residents to avail themselves of the current and future
technology represented by satellite signal receiving earth
stations. The City Council has knowingly and intentionally
provided for restrictions on such aspects of satellite receiving
earth stations as color and location and roof mounting because
those aspects of regulation relate directly to aesthetic
considerations which are important to all residents of the City,
not just those who choose to avail themselves of the technology
of satellite receiving earth stations, and those aspects of
regulation are deemed not to interfere unreasonably with the
right of a homeowner or business owner to avail himself of, and
to receive, said technology. In addition, the right of an
aggrieved property owner to seek a variance from the provisions
of this Section 27 (J) provides adequate protection, without
unreasonable or excessive cost, of the rights of both the user of
the technology and the remaining property owners within the City.
Section 2. 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 3. 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 4. This ordinance shall take effect 1 day(t)
after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
8 to 0 on this 25th day of August , 1986,
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 8 , 1986, at
7:30 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 7 to 1 this 8th day of September
1986.
1986.
ATTEST:
Wanda Sang, City QYerk
1st Publication: 8/28/86
2nd Publication: 9/11/86
Wheat Ridge Sentinel:
Effective Date: 9/12/86
SIGNED by the Mayor on this 9th day of September
Frank Stites, Mayor
APPROVED A$ TO FORM BY
OFFICE,OF/C.ITY ATYORNEY:
Jour E. Hayes
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