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Home My WebLink AboutOrdinance-1996-1045 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER SILER Council Bill No. Ordinance No. 1045 Series of 1996 TITLE AN ORDINANCE AMENDING THE CODE OF LAWS RELATING TO COMMERCIAL MOBILE RADIO FACILITIES IN THE CITY OF WHEAT RIDGE, COLORADO BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS. Section 1 Wheat Ridge Code of Laws, Article 1, Chapter 26-5, Definitions, is hereby amended by the addition of new definitions as follows Building or Structure Mounted Commercial Mobile Radio Service {CMRS) facility A CMRS facility In which antenna are mounted to an existing structure (e g , water tower, light pole, steeple, etc ) or building face Commercial Mobile Radio Service (CMRS) Accessory Building or cabinet An unmanned building or cabinet used to house equip- ment associated with a CMRS facility Commercial Mobile Radio Service (CMRS) Site' An unmanned facility consisting of equipment for the reception, switching and transmission of wireless telecommunications, including, but not limited to personal communications service (PCS), enhanced specialized mobile radio {ESMRl, paging, cellular telephone and similar technologies. Freestanding Commercial Mobile Radio Service (CMRS) facility A CMRS facility that consists of a stand-alone support facility (monopole and/or lattice structure), antennae, associated equip- ment, accessory buildings and equipment cabinets Roof Mounted Commercial Mobile Radio Service (CMRS) facility. A CMRS facility in which antenna are mounted on an existing building roof Section 2 Wheat Ridge Code of Laws, Article 1, Chapter 26-30 General Regulations are hereby amended by the addition of the following new section GED\53027\ 168365.2 (T) Commercial Mobile Radio Service (CMRS) facilities (1 ) Prohibition No CMRS facility shall be constructed in any residential district (with the exception of Planned Residential Districts pursuant to subparagraph (3) hereof) (2) Review Procedure. General Proposed CMRS facilities in the RC-1, RC, C-1, C-2, I, A-l and A-2 Zone Districts shall be reviewed pursuant to the following procedures (3) GEU\53027' 168365.2 (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) Review Procedure. Planned Development Districts' Roof mounted and freestanding CMRS facilities proposed for construction in any Planned Development District (includ- ing 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 construc- tion 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 subsect"lon (T) and the Zoning Ordinance are met. -2- (5) Building or structure mounted CMRS facilities shall be 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) 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 10' 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 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 7 feet above the parapet of a flat roof or ridge of a sloped roof to which they are mounted (dl Roof mounted CMRS accessory structures shall extend no more than 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 GED\53027\168365.2 -3- (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 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 Section T to the contrary, any freestanding CMRS facilities legally existing upon the effective date of these regulations. November 18, 1996, shall be considered legal noncon- forming 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 noncon- forming freestanding facilities will be allowed only upon special use review and approval pursuant to Section 26-6(8). This provision does not apply to roof or building mounted CMRS facilities. 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 Emerqency Ordinance No. 1049 Repealed Emergency Ordinance No 1049, Series of 1996, is hereby repealed GE0\53027' 168365.2 -4- Section 5 Severability. If any clause, sentence, paragraph, or part of this Ordinance or Application thereof to any person or circumstances shall for any reason be judged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances Section 6. Effective Date This Ordinance shall take effect immediately upon adoption INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on the 12th day of August, 1996, 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 October 28, 1996 Revised, ordered, republished in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage continued to November 18,1996 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 5 to 4 ,this 18th day of November, 1996. SIGNED by the Mayor on this 26th day of November ,1996. ~~ DAN WILDE, MAYOR ATTEST ~-,\ U, r\-(" ,J '\ .....} _J ~.._ J WANDA SANG, CITY CLERK CITY rJ 1 st Publication. August 16, 1996 2nd Publication October 4, 1996 Wheat Ridge Transcript Effective Date November 18, 1996 3rd Publication November 8, 1996 4th Publication November 29, 1996 GED\53027' 168365.2 -5-