HomeMy WebLinkAboutOrdinance-1996-1049
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER Dalbec
Council Bill No.
Ordinance No. 1049
Series of 1996
TITLE:
AN ORDINANCE ADOPTING A TEMPORARY MORATORIUM ON THE
ACCEPTANCE, PROCESSING AND ISSUANCE OF BUILDING
PERMITS FOR THE CONSTRUCTION OF TELECOMMUNICATIONS
FACILITIES WITHIN THE CITY, AND DECLARING AN
EMERGENCY
WHEREAS, the City of Wheat Ridge, Colorado, lS a home rule
municipality duly and regularly organized and now validly existing
as a body corporate and politic under and by virtue of the
Constitution and laws of the State of Colorado and that the City
may adopt such ordinances relative to local and municipal matters
as are necessary to effectuate the purposes and intent of power
granted to municipalities and such other matters and can be dele-
gated to municipalities by the State of Colorado; and
WHEREAS, Section 1.3 of the Home Rule Charter for the ~ity
confers all home rule powers to the City, and
WHEREAS, Section 5.13 of the Home Rule Charter for the City
provides that emergency ordinances may be enacted for the immediate
preservation of the public property, health, peace, or safety, and
WHEREAS, the City Council has initiated consideration of an
ordinance amending the Code of Laws relating to telecommunications
facilities within the City; and
WHEREAS, the City Council is concerned that owners of certain
properties within the City may accelerate development plans and
request building permits for telecommunications facilities In
reaction to that proposed ordinance, and
WHEREAS, the City Council finds that a delay in the acceptance
and processing of such building permit applications for a period of
time to and includlng November 20, 1996, is necessary and in the
best interest of the City in order for the City to complete its
consideration of an ordinance on this subject; and
WHEREAS, uncontrolled issuance of building permits for
telecommunications facilities prior to the consideration by the
Council of the ordinance on this subject would defeat the eftorts
of the City to promote comprehensive planning and to proteC't
existing neighborhood integrity;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO, AS FOLLOWS:
';E;:':": ~ lLi_jl:;::7: ~
Section 1. Moratorium on buildinq permits declared The City
Council hereby declares and imposes a moratorium upon the accept
ance and processing of applications for, and the lssuance of,
building permits for the construction or development of telecom-
munications facilities, including without limitation, telecommuni
catlons towers, antennas, accessory buildings and sites within the
City. The moratorium shall expire on November 20, 1996 The
temporary suspension of acceptance and processing of applicatiuns
and issuance of building permits as specified in this Ordinance
shall terminate as of November 20, 1996, unless cerminated earlier
by the City Council. Nothing contained in chis Ordinance is to be
construed to limit or preclude the City Council from terminatlon,
repeal, amendment, or modification of this Ordinance prior to
November 20, 1996.
Section 2. Vested Riqhts. Nothing in this Ordinance shall be
construed as affecting any lawfully vested rights to complete con-
struction where construction was commenced or authorized pursuant
to a building permit duly issued prior to the effective date of
this Ordinance
Section 3. Emerqencv Declared. Pursuant to Section 5 13 of
the Wheat Ridge Charter, the City Council hereby finds and declares
that an emergency exists which requires the immediate effectlveness
of this Ordinance, in that the effective implementation of the
pending ordinance relating to telecommunications facilities would
be frustrated and prevented without the protection which this
Ordinance will give for the deliberate consideration of that
subject.
Section 4. Severability If any clause, sentence, paragraph,
or part of this Ordinance or application thereof to any person C)l~
circumstances shall for any reason be judged by a court of compe-
tent jurisdiction invalid, such judgment shall not affect, lmpair
or invalidate the remainder of this Ordinance or its application to
other persons or circumstances.
Section 5.
effective upon
Charter.
Effecti ve Date. This Ordinance
adoption, as provided by Section
shall
5.13
become
of the
INTRODUCED, READ, AND ADOPTED as an emergency ordinance by a
vote of 8 to ~ on this 14th day of October, 1996, ordered pub-
lished in full in a newspaper of general clrculation in the Clty of
Wheat Ridge.
SIGNED by the Mayor on this
15th day of
October
199f1.
~~
DAN WILDE, MAYOR
_;EC',C'L27 1c:;I.~ '22 1
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ATTEST:
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WANDA SANG,
I
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Published on October 18
Wheat Ridge Transcript
-:iEL r:-
~ (~,~ '" ~ 1-
, 1996
3-