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HomeMy WebLinkAbout1985 Ordinance No. 077OROINAICE 00. r / '1 SERIES OF l98sj- BY AUTHORITY COUNCit. Bl[.[. N'.l, 80 INTRODOCID BY COUtCit. MEMBER VOBEJDA AN ORDINAICE AMElilING THE CCt!PREHEN.SIVE ZONING ORDINAICE (TITI.E XVI OF ENGt.DiOOD MUNICIPAI. CODE ) BY AIJOING A NEl,I SEX:TION 16,4-21, SATEt.t.ITE DISH ANTENNAS, WHEREAS, many citizens have expressed concern regarding the installation of satellite dishes, b.:ith in the residential and cannercial zone districts, in locations wnich detract fran the appearance of that and adjac<ant properties; and WHEREAS, there has also been concern that roof-100unted dishes should be certified by an engineer to be structurally sound and stable; and WHEREAS, the Englewood Planning Cmmission considered pro- posed regulations at a public hearing on Septanber 17, 1985 at wnich no persons ""'re pre sent to speak either for or against the proposed regulations; and WHEREAS, the Planning Cmmission recannended the ordinance be apvroved as they amended it ; NCM, THEREFORE, BE IT ORDAINED BY THE CITY COUNCit. OF THE CITY OF ENGLEl<IOOD, COt.ORAOO: Section 1. 'Itlat Ti t i e XVI (the Conpr ehe nsive Zoning Ordinance ) fsfiereby amended by add ing a new Sec t ion 16.4-21, Sate llite Dish Antennas, to read as fo llows: I I Section 16.4-21 Satellite Dish Antenna ■• a. b. c. Statement of lntent. The purpose of this section is to set etandards for the use of satellite receive-only earth station ■ in order to safeguard the health, safety, and enjoyment of all the citizens of Englewood. The City Planning and Zoning Commiaaion and the City Council recognize that reaidente of the City may wish to add to their television viewing pleasure by installing satellite dishes to improve reception or increase the number of choices available. It ii the intent of this Section to facilitate the use of satellite dishes for those citizens who wish to enhance their television viewing and also to protect the health, safety and aesthetic objectives n\ all who live and/or work in Englewood. Applicability uf Or _dinance Standards. (1) Thes• regulations shall apply to any installation of satellite receive- only urth stations in the following districts. (,;) Pesidential Districts: R-1-A, R-1-B, R-1-C, R-2, R-2-C, R-2-C/S.P.S., R-3, and R-4. {b) Commercial Districts: B-1 and B-2. (c) Industrial Districts: 1-1 and I-2. (2) When a satellite dish, which was installed prior to the adoption of this Ordinance and not in compliance with this Ordinance, is changed or exchanged for another dish, the new mount shall comply with the regulations of this Section. Installation Requirements . (1) All Districts. (a) Permits shall be secured for all satellite dishes and proper inspections secured during installation. (b) Any roof-mounted satellite dishes shall have an Engineer's Certificate, verifying that the roof-mounting is structurally sound and stable. (c) Satellite dish antennas shall be of a color harmonious with the surroundings. There shall be no advertising in words or in pictures, other than the manufacturer's name in small letters. (d) Satellite receive-only earth stations, referred to as "satellite dishes", shall be considered as accessory structures. (2) Individual Districts . (a) R-1-A, R-1-B, R-1-C, R-2, R-2-C, R-2-C/S.P.S. (1) Satellite dishes shall not be mounted in front yards. (ii) Satellite dishes shall be mounted behind the front building line of the principal conforming structure. If the adjoining property has a conformin~ principal structure located behind that building line, the dish shall be mounted in back of the front building line of the adjoining property. (111) The height of a free-standing ground-mounted satellite dish shall be limited to 10 feet at the l~p of the pole. (iv) The dish shall be mounted no closer to the property line than the setback requirements for accessory str-uctul'ea in the zone district in which the property is located. (v) Satellite dishes shall not be mounted on the roof of the residential structure. (vi) When a ground-mounted satellite dish must be elevated over a building for access to the tranamit•tng satellite, the pole shall be attached to the structu,·a and the dish height shall be the minimum necessary, aa detemined by the Chief Building Inspector. (b) R-3, R-4. (1) Satellite dishes shall not be mounted forward of the front building line. (11) Satellite dishes may be mounted on roofs oo residential buildings of more than four units only or on other non- residential principal permitted uses. (iii) Any roof-mounted satellite dish shall have an Engineer's Certificate submitted to the Building l'\epartment, verifying that the roof mounting is sound and stable. ~iv) Placement of ground-mounted dishes shall meet the same setback requirements as other permitted accessory uses, except the height limitation. which is ten feet to the top of the pole. (v) When a ground-mounted satellite diah must be elevated over a building for access to transmitting satellites, the pole shall be attached to the structure. and the dish height shall be the minimum necessary as determined by the Chief Building Inspector, (c) B-1, B-2. (1) Satellite dishes shall be mounted on roof tops or in open space. Space for the dish shall not be included in the required landscaped areas. (11) Ground-mounted satellite dishes shall be placed in back of the front building line. (iii) Satellite dishes shall not be mounted on any temporary structure or any vehicle, except for siting purposes. (iv) Roof-mounted sate) lite dishes shall have an En~ineer' a Certificate submitted to the Building Department. -3- (d) 1-1, 1-2. (1) GrC'lund-n,n unt e d &a t £'111 t e dishe s s hat l n("lt b e l o cat c:d in the a r e a res e rv e d for l andsc a ping. (ii) Satellite nishes shall not be mount e d on any temporary struc turE' or any vehicle, exce p t for siting purposes . (111) Any roof-mounted satellite dishes shall hav e an En~ineer'a Certificate. Et.'.~ ;_l!.t~ _f'i ,!h_. The sate111t ~ r e ceive-only earth s t a tion 2il t ~nr.a : ons i s t s of 'J J v :r ;: ar"t•r•n a which r ecei\'es c ommunication from satelli t es in orbit ; 2 ) A l ow-r., h · a v.pl.Hier (lna) at the focal point of the receiv in~ compon e nt ; and 3) A coaxl~l , dble to carry the si~nal to the satellite receiver, which tra ns fo ms tht. lo"'•-frequt!ncy ti i ~:a a l to e telev ision signal. Sc1 tellite Rece i ver. The sat e llit e r eceive r resemb l e s a stere o rec e i vE-r or a r..pl i fier with an array of knobs and contro ls. lt is usua lly loc at ed nea r the TV set a nd allo,,.•s tuning of a ny of tht channe ls c om in~ from the sat t:-llite. An0 th e r c 0 ntr c,l r o tateE-the dish to select wh ich s a t e llit e a t \.0 h :tc-h t o a i m t h e-a nt enn a. H.i r r.ion i c,u s CC'lor. Th e co lor is p r e ferabl y a n e utra l c o l o r : c,f f -vhite , bl a ck , Da r k ~r een , or me.tallic , unl e s s the b ack~:r C'und is s uch th n t C'I O\.· c,f t h ~.,s e ,,:ould no t blend well "'1th the s u rroundin~s. GrC1 u:1 d -!!ci unts. The t ypica l (?_roun d-mo un t e d s a t e l lite has t he an t e nna m~unt ed C'l n a p C1le ... -hich is at lea s t t h r ee f eet d eer, i n t h e ,-:r o und , encas ed i n c oncrete .:.t l e as t e i ~ht i nc hes i n di ar.,€t e r . Th e: c ab1e t r, t h e re c e i v e ~· i ~ 1'ur i e d in th e $:TC'l u n ci b e tween the a n t e nn a and t he stru r t u re. ~-'lbe following legal provisions shall apply to \:his ordinance: A. Separability Clause. If any article, section, sub- =tion, sentence, clause or phrase of this ordinance is for any mason held to be unconstitutional, such decision shall not affect the validity of the ranaining portion of this ordinance. 'lbe Council of the City of En]lewood hereby declares that it would have phrased this ordinance and each article, section, subsection, clause or phrase hereof, irrespective of the fact that any one or nore articles, sections, subsections, sentences, clauses and 1J.1rases be declared unconstitutional. B. Violation and Penalty. 'AI>y person, firm or corporation that violates, disobeys, anits, neglects or refuses to canply with or resists the enfo canent of any of the provisions of this c r dinance shall be fined as set forth in Section 16. 7-4 of the Canprehensive zoning Ordinance. Section 3. Heating. In accordance with Section 40 of the City diarte~e City Council shall hold a public hearing on this ordinance, before final pa •;sage, at 7:30 p.m. on November 18, 1985. Introduced, read in full, and passed on first reading on the 21st day of October, 1985. Pllblished as a Bill for an Ordinance on the 23rd day of October, 1985. Read by t itle and passed on final reading on the 18th day of November, 1985. Published by title as Ordinance No. the 20th day of Novenber, 1985. H ' Series of 1985, on ~~✓e~~--riige r..1~or !, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of the Ordinance passed on final reading and published by title as Ordinance No. ??• Series of 1985.