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HomeMy WebLinkAbout71.91 ORDINANCE NO. ~1. 91 AN ORDINANCE OF THE CITY OF SARA'~OGA ~ENDING !~ , ANTENNAS:AS ALLOWABLE USES INL~I~:4A~SP~ND C DISTRICTS ~ The City Council of the City of Saratoga h:ereby!~r~ains a~S fOllOws: SECTION h A new Paragraph (f) is added to SectiOn i5-1~.0~0 in 'Article 15-18 of the City Code, to read as follows: "(f) Antennas operated by a public utility for transmitting and receiving cellular telephone communications, not exceeding 40 feet in heigh~ including the - antenna support structure. The mivimum setbacks for such antennas shah eompljg' · with Subs.e. ction 15-80.0 10(e) of m~s' (2h~eter.i= SECTION 2: A new Paragraph (j) is added to Section 15-18.030 in Article 15-18 of the City Code, to read as follows: "(j) Antennas operated by a public utility for transmittingLan~] 'i'ece!ving. cellular telephone commmunications, where such antennas are more than 40 feet in height, including the antenna support structure; provided~. however, no such antenna shall e~:ceed 60 feet in height without the granting df~a.variance pursuant to Article 15-70 of this Chapter. The rniqimum setbacks for such antennas shah comply with Subsection 15-80.0 10(e) of tl/is ~hapter." SECTION 3: A new Paragraph (ai(6)'is ddded;to'~Section 15~19.020 in Article 15- 19 of the City Code, to read as follows: "(6) Antennas operated by a Pub!i~ utility for transmitting and receiving cellular teleph'di~e commrfiUnications, not exceeding 40 feet in height including:the ,a'nt~lina..support structure. The minin~um ~etbacks for~sueh sntenna~.='shall;icom_ply with Subsection 15-{~0.0id(e) ~f'{hi~ Uh~p~e~.,' SECTION 4: A :hew Paragraph (b)(14)is add~d':toi~eCf~0n ~5-19.020 in Article 15-19 of the City Code, to read as follows: "(13) Antennas operated by a public utility f~f' transmitt{ng and receiving cellular telephone: comm~unieations,: ·where such antennas are more~tha~ ~t0 feet in height, including the antenna · support structure; p~'oviLd~, however, no such antehna shah exceed 60 feet in height with0Ut"the gr~ting~'o~.a.~iance pursuant to Article 15-70 of this Chapter. T~e mfnfm~m setba~ks for ~ucb antennas shah comply :with Shb~ec~f~"iS'g~0i~Fe~'~f ~ls chapter?' ~ ..... Rev. 10/29/90 -1- SECTION 5: A new Paragraph (e) is added to Section 15-80.0 10 in Article 15-80 of the City Code, to read as follows: "(e) Notwithstanding any other provision of this Chapter, antennas operated by a public utility for transmitting and receiving cellular telephone communications shah be located at least 25 feet from a front property line, at least 10 feet from any side property line, and at least 25 feet from a rear property line, except that if any property line is adjacent to a residential district, the antenna shah be at least 40 feet from such property line." SECTION 6: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shah not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional SECTION 7: This Ordinance shah be in full force and effect thirty days after its passage and adoption. The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular. meeting of the City Council of the City of Saratoga held on the 20th day of February, 199J~, by the following vote: AYES: Councilmembers Clevenger, Kohler,Monia, and Mayor Stutzman NOES: None ABSENT: Counci] member Anderson ~/~ . ~M~LyO~R~. ATTEST: CITY CLERK 4 r } / which has been g to law. Rev. 10/~9/90 -~-' .,. Deputy City Clerk