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Home My WebLink AboutOrdinance-2000-1208 INTRODUCED BY COUNCIL MEMBER Edwards Council Bill No. in Ordinance No. ~8 Series of 2000 TITLE: AN ORDINANCE AMENDING SECTION 26-30(T) OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING COMMERCIAL MOBILE RADIO SERVICE (CMRS) FACILITIES. WHEREAS, the CIty Council adopted regulations for CommercIal MobIle RadIO Service (CMRS) faCIlities III 1996, and WHEREAS, the technology concerning these facilItIes has been and IS rapIdly changing; and WHEREAS, the City CounCil desires to keep the CIty's development regulatIOns up to date to reflect current technology and to apply regulations and procedures consistently; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT Section 1. SectIOn 26-30 (T) of tne Code of Laws is hereby amended to read. (T) Commercial Mobile Radio Service (CMRS) Facilities (1) Prohibition. No CMRS facilIty shall be constructed in any reSIdentIal ZONE district EXCEPT AS PROVIDED BELOW (l"1itl, tit.:. C<Cc:ptlOll ofPlatlllc:d RG.sidwtial D,Stlicts PurSUallt to SUbpatalOlaph (J) llClc:of)" (a) CMRS FACILITIES MAYBE LOCATED IN A PRD ZONE DISTRICT PURSUANT TO SUBPARAGRAPH (3) HEREOF (b) BUILDING- OR STRUCTURE-MOUNTED CMRS FACILITIES MAY BE LOCATED IN A RESIDENTIAL ZONE DISTRICT IF LOCATED ON A PROPERTY CONTAINING A NON-RESIDENTIAL USE PURSUANT TO SUBPARAGRAPH 2(A) HEREOF (c) ROOF -MOUNTED CMRS FACILITIES MAYBE LOCATED IN A RESIDENTIAL ZONE DISTRICT IF LOCATED ON A PROPERTY CONT AINING A NON-RESIDENTIAL USE PURSUANT TO SUBPARAGRAPH 2(B) HEREOF (d) FREESTANDING CMRS FACILITIES SHALL NOT BE ALLOWED IN ANY RESIDENTIAL ZONE DISTRICT (2) Review procedure-General. Proposed CMRS facilities in the RC-1, RC, C-1, C- 2, I, A-I and A-2 zone dIstricts and as permitted in residential zone districts shall be reviewed pursuant to the following procedures: (A) BUlldIng- or structure-mounted CMRS facilitIes shall be revIewed by the department of planning and development for complIance with the requirements of the Zonlllg Ordlllance. (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). (3) Review procedure-Planned development districts. Roof-mounted and freestandIng CMRS facilItIes proposed for constructIOn in any planned development dIstrIct (includlllg planned reSIdential distrIcts), unless specIfically listed or shown as such in the final development plan, require amendment of the final development plan. BUl1ding- or structure-mounted CMRS faCIlIties proposed for construction m any planned development district (including planned residential distrIcts) may be permItted by the department ofplannlllg 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 subsection (T) and the Zoning Ordlllance are met. (5) Building- or structure-mounted CMRS faCIlities shall be subject to the followmg reqUIrements: (A) Such facIlities shall be archItecturally compatible with the colored to match the bUIldIng or structure to which they are attached. (B) The maximum protrusIOn of such facilities from the buildmg 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 ten (10) feet above the hIghest pomt 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 followmg 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 ten (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 seven (7) feet above the parapet of a Hat roof or rIdge of a sloped roof to whIch they are mounted. (D) Roof-mounted CMRS accessory structures shall extend no more than seven (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 cablllets shall be totally screened from vIew from adjacent property lines. (8) Screemng, landscaping andlor exterior bui1dmg fimshes and colors shall be compatible With the eXlstlllg 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 underlYlllg zone dIstrict III 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 (6) 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) Notwithstandlllg any provIsion of this subsection (T) to the contrary, any freestandmg CMRS facllities legally eXIsting upon the effectIve date of these regulations: November 18, 1996, shall be considered legal nonconformmg 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 origlllally designed and constructed, without need of structural modIficatIOns, including increased heIght, to handle the additiona11oad. Any such addItion to nonconforming freestanding facilities will be allowed only upon special use revIew and approval pursuant to section 26-6(B) This provIsion does not apply to roof or building mounted CMRS facilitIes. Section 2. Safetv Clause. The City Council hereby finds, determines, and declares that thIS ordlllance 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 ordlllance 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 Zoning Code or the applIcation thereof to any person or circumstances shall for any reason be adJusted by a court of competent jurisdIctIOn Invalid, such judgment shall not affect applIcation to other persons or cIrcumstances. Section 4. Supersession Clause. If any proviSIOn, requirement or standard establIshed by thIs Ordinance IS found to conflict with SImIlar proviSIOns, reqUIrements or standards found elsewhere III the Code of Laws of the CIty of Wheat RIdge. which are in existence as of the date of adoption of this Ordmance, the provisions, requirements and standards herelll shall supersede and prevaIl Section 5. This ordmance shall take effect -1.5........ days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ~ to --'2.- on this 11 th day of September ,2000, 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 25 ,2000, at 7'00 o'clock p.m., III the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado READ, ADOPTED AND ORDERED PUBLISHED on second and final readlllg by a vote of ----1L- to ~,this 25th day of September, 2000. SIGNED by the Mayor on this 26th day of September ,2000. ( Al ATTEST ! ./ . ~-i<"'"t't~ ,~ tt.:( s:: Wanda Sang, CIty Clerk 1st PublicatIon September 15, 2000 2nd Publication. September 29, 2000 Wheat Ridge Transcript Effective Date Oc tober 14, 2000 c: \plann ing\forms \ord. frm