HomeMy WebLinkAboutordinance.council.019-83 RECORD OF PROCEEDINGS 100 Leaves
ORDINANCE NO. 19
(Series of 1983)
AN ORDINANCE AMENDING SECTION 24-3.1 OF THE MUNICIPAL CODE OF THE
CITY OF ASPEN, COLORADO, BY ADDING A DEFINITION OF "SATELLITE DISH
ANTENNA"; AMENDING SECTION 24-3.2 OF THE MUNICIPAL CODE (PERTAIN-
ING TO PERMITTED AND CONDITIONAL USES) TO ADD THE PLACEMENT OF
REGULATED SATELLITE DISH ANATENNAE AS A "CONDITIONAL USE" IN ALL
CITY ZONE DISTRICTS; AND ADDING A NEW SECTION 24-3.7(p) THAT SETS
FORTH REVIEW CRITERIA FOR CONDITIONAL USE REVIEW OF REGULATED
SATELLITE DISH ANTENNAE
WHEREAS, Ordinance 1, Series of 1~83, did bring all satellite
dish antennae installation under building permit reivew for' the
purposes stated therein; and
WHEREAS, the requirement of a building permit does also bring
the satellite dish antennae under the purview of the Historic
Preservation Commission in certain circumstances; and
WHEREAS, if properly sited, any satellite dish antenna could
be an intrusion in any zone district in the City of Aspen and
should therefore be reviewed as a conditional use in all zone
districts by the Aspen Planning and Zoning Commission; and
WHEREAS, in addition to the Building Code requirements, the
City is also concerned about the visual impact of certain satel-
lite dish antennae in all zone districts, particularly in residen-
tial areas and those areas locally designated as Historic Dis-
tricts (more specifically Main Street and the Commercial Core) and
especially on a structure or site which is individually historic-
ally designated, and finds that it is in the public interest to
establish a review process in which those impacts may be reviewed
and mitigated, if necessary; and
WHEREAS, it is necessary to develop specific criteria for the
review of satelite dish antennae to evaluate their appropriateness
in any zone district, in addition to the ~onditional use review
criteria in Section 24-3.3(b) of the Municipal Code;
RECORD OF PROCEEDINGS 100 Leaves
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That a new Section 24-3.1(gg) under "Definitions" be added to
read as follows:
"(gg) A 'satellite dish antenna' or a' 'satellite radio fre-
quency signal reception and/or transmission device'
regulated under this Section means a dish-shaped or
parabolic-shaped reception or transmission antenna,
which antenna is more than two (2) feet in height or
which 'dish' component is more than two (2) feet in
diameter, placed within the City of Aspen (including
antennae stored or temporarily placed for seven (7)
days or more) for the reception and/or transmission of
satellite signals, including television signals, am
radio signals, fm radio signals, telemetry signals,
data communications signals or any other reception or
transmission signals using free air space as a medium,
whether for commercial or private use, if said antenna
or device is visible (or will be visible after instal-
lation) from any public way within the City."
Section 2
That Section 24-3.2 of the Municipal Code is hereby amended
to include "satellite dish antennae" under the column heading
"conditional use" in all zone districts.
Section 3
That a new Section 24-3.7(p) be added to the Code as Supple-
mentary Regulations to read as follows:
"(p) Satellite Dish Antennae.
Satellite dish antennae shall be a conditional use in
all zone districts, and, in addition to the requirements
of the Building Code and the Historic Preservation Com-
mittee, shall be evaluated according to the following
criteria:
(1) The installation of a satellite dish antenna shall
not cause a violation of area and bulk requirements
within the zone (unless a variance therefor is
granted by the Board of Adjustment).
(2) A satellite dish antenna shall not be placed on an
easement or in the City right-of-way (unless an
Encroachment Permit can be secured).
(3) The installation of a satellite dish antenna shall
not cause any increased danger to neighboring pro-
RECORD OF PROCEEDINGS 100Leaves
perry in the event of ~llapse or other failure of
the antenna structure.
(4) The visibility of the dish from the public way
shall be reduced to the highest degree practical
including, but not limited to, sensitive choice in
placement of the dish, screening with fencing,
landscaping, subgrade placement, or any other
effective means that both screen the dish and does
not appear to be unnatural on the site."
Section 4
If any seotion~ subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the
remaining portions thereof.
Section 5
A public hearing on the ordinance shall be held on the ~
day of . oY~/'uncil~ha , 1983, at 5:00 P.M. in
the City C mbers, Aspen City Hall, Aspen, Colorado, 15
days prior to which hearing notice of the same shall be published
once in a newspaper of general circulation within the City of
Aspen.
INTRODUCED, ~AD ~D ORDERED published as provided by law by
the City Council of the City of Aspen on the ~---day of
.... ~~/ ,1983.
~rman Edel, Mayor
ATTEST:
Kath~~~it~ Clerk
FINALLY adopted, passed and approved on this j~/~ day of
~~ ,1983.
RECORD OF PROCEEDINGS 100 Leaves
Ho~ Mayor
ATTEST:
RECORD OF PROCEEDINGS 100 Leaves
STATE OF COLORADO )
) ss CERTIFICATE
COUNTY OF PITKIN )
I, Kathryn S. Koch, City Clerk of Aspen, Colorado, do
hereby certify that the above and foregoing ordinance was
introduced, read in full, and passed on
reading at a regular meeting of the City Council of the
City of Aspen on ~/~5 , 19 ~ , and published
in the ~spen Times s weekly newspaper of general circulation
published in the City of Aspen, Colorado, i~ its issue of
~ J~ , I9.f~, and was finally adopted
and approved at a regular meeting of the. City Council on
Ordinance No. /7 , Series of 19~_~ , of said City, as
provided by law.
IN WITNESS WHEREOF, I have hereunto set my hand and
the seal of said City of Aspen, Colorado this ~ day
h, City
SEAL
Deputy City Clerk