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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 l 2