HomeMy WebLinkAbout03/20/1997AGENDA
CITY OF WHEAT RIDGE
PLANNING COMMISSION
March 20, 1997
Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge
Planning Commission on March 20, 1997, at 7:30 p.m., 7500 West 29th Avenue, Wheat
Ridge, Colorado.
1. CALL THE MEETING TO ORDER
2. ROLL CALL OF MEMBERS
3. PLEDGE OF ALLEGIANCE
4. APPROVE THE ORDER OF THE AGENDA (Items of new and old business may
be recommended for placement on the agenda.)
5. APPROVAL OF MINUTES - March 6, 1997
6. PUBLIC FORUM (This is the time for anyone to speak on any subject not
appearing under Item 6 of the Public Hearing Section of the Agenda.)
7. PUBLIC HEARING
A. Case No. ZOA-97-01: An application by the City of Wheat Ridge to consider
proposed amendments to the Wheat Ridge Code of Laws, Chapter 26,
Zoning Code, Section 24. Light Industrial District Regulations regarding
uses allowed as "Principal Permitted" and "Special Uses", City of Wheat
Ridge, County of Jefferson, State of Colorado. (Continued from March 6,
1997).
8. CLOSE THE PUBLIC HEARING
9. OLD BUSINESS
10. NEW BUSINESS
11. DISCUSSION AND DECISION ITEMS
12. COMMITTEE AND DEPARTMENT REPORTS
13. ADJOURNMENT
MINUTES OF MEETING
CITY OF WHEAT RIDGE PLANNING COMMISSION
March 6, 1997
1. CALL THE MEETING TO ORDER: The meeting was called to order
by Chairperson WILLIAMS at 7:30.p.m., on March 6, 1997, in
the Council Chambers of the Municipal Building, 7500 West
29th Avenue, Wheat Ridge, Colorado.
2. ROLL CALL:
MEMBERS PRESENT:
STAFF PRESENT:
Carl A. Cerveny,
Robert Eckhardt
Carolyn Griffith
Warren Johnson
George Langdon
Jay Rasplicka
Janice Thompson
Harry Williams
Excused Absence
Glen Gidley, Director of
Planning & Development
Marilyn Gunn, Secretary
PUBLIC HEARING
The following is the official copy of Planning Commission minutes
for the Public Hearing of March 6, 1997. A copy of these minutes
is retained both in the office of the City Clerk and in the
Department of Planning and Development of the City of Wheat
Ridge.
3. PLEDGE OF ALLEGIANCE
4. APPROVE THE ORDER OF THE AGENDA
Commissioner ECKHARDT motioned, Commissioner JOHNSON seconded to
accept the agenda as written and with additions as presented by
Director GIDLEY. Motion carried 7-0.
Planning Commission Minutes
March 6, 1997
Page 2
5. APPROVAL OF MINUTES
Commissioner RASPLICKA motioned, Commissioner ECKHARDT seconded
to accept the Minutes of February 6, 1997, as written. Motion
carried 7-0.
6. PUBLIC FORUM (This is the time for anyone to speak on any
subject not appearing under Item 7 of the Public Hearing
section of the agenda.)
There was no one present to speak.
7. PUBLIC HEARING
Case No. ZOA-97-01: An application by the City of Wheat Ridge to
consider proposed amendments to the Wheat Ridge Code of Laws,
Chapter 26, Zoning Code, Section 24. Light Industrial District
Regulations regarding uses allowed as "Principal Permitted" and
"Special Uses", City of Wheat Ridge, County of Jefferson, State
of Colorado.
In-depth discussion occurred regarding this issue. Director
GIDLEY provided an overview of the memorandum and ordinance
provided. Director GIDLEY stated that City Council initiated the
proposal originally as a recommendation to eliminate from the
District Regulations the Light Industrial Zoned District
Regulations (Section 26-24). In addition, all Industrial
properties would be rezoned to Planned Industrial Development.
This proposal was discussed at the January Planning Commission
Study Session as well as some of the concerns relative to the
practicality of implementing such a proposal. The basis of City
Council's concern related to some of the uses specified as
"Permitted Principal Uses" in the "I" zone which originated from
the fact that Commercial-Two zoned district were allowed by
"right". There.are several C-2 uses that are objectionable to
certain members of Council. Director GIDLEY provided a City map
that indicated the "I" areas in question. He stated that the
proposal is not to rezone, but to adopt a set of regulations that
would substantially reduce the kinds of uses that would be
Planning Commission Minutes
March 6, 1997
Page 3
allowed in the zone by "right" and place the more objectionable
uses in a Special Use designation.
Questions were raised by members of the Commission as to how the
citizenry would be affected; would new owners have to reapply for
use or would zoning regulations be automatic (they would have to
reapply and zoning would depend on what use was planned); were
the people who currently occupy these areas notified (not other
than in the newspapers, however, a formal mailing could be
accomplished); and, upon sale of property, are sellers required
to advise buyers.
Commissioner THOMPSON stated she did not feel comfortable voting
on this proposal at this time and suggested that a motion be made
to place this item on hold temporarily to allow time to study the
proposal more thoroughly. Discussion continued regarding this
proposal and its significant importance. The general consensus
of the Commission felt the same as Commissioner THOMPSON and
stated they wanted more time to study the issues and would
appreciate input from the property owners.
Commissioner JOHNSON motioned, Commissioner RASPLICKA seconded,
to allow additional time for consideration of this proposal,
certified mailings be made to all property owners in the
Industrial Zoned Districts including an invitation to the Study
Session of March 20th where discussion of this proposal will
continue, and to postpone the decision until the Public Hearing
of April 3, 1997, after input from the property owners and
further discussion by the Commission. Motion passed 7-0.
The question was posed by Commissioner THOMPSON if a decision
could not be reached by April 3rd, how many times could the
proposal be postponed. Director GIDLEY advised that a motion
must be made and a Resolution prepared to advise City Council
that the proposal has been discussed.but that additional time is
needed to further weigh the issues before a final decision is
made.
Case No. ZOA-96-15: An application by the City of Wheat Ridge to
consider proposed amendments to the Wheat Ridge Code of Laws,
Planning Commission Minutes
March 6, 1997
Page 4
Chapter 26, Zoning Code, Section 31, "Off-Street Parking
Requirements", City of Wheat Ridge, County of Jefferson, State of
Colorado.
Director GIDLEY made corrections to the second paragraph of the
memorandum presented to the Commission. He presented an overview
of the proposed amendment which includes percentage of floor area
on automatic exemption and appeals of variances, which were
referred to the Commission from City Council.
Director GIDLEY proceeded to review the five (5) items included
in the memorandum. Each item was reviewed and discussed
separately and motions made as follows:
Commissioner ECKHARDT motioned, Commissioner JOHNSON seconded, to
accept the changes as written on the proposed ordinance Section 1
as it relates to "Handicapped Parking". Motion carried 7-0.
Commissioner GRIFFITH motioned, Commissioner LANGDON seconded, to
accept the changes as written on the proposed ordinance Section 2
as it relates to "Definitions, Floor Area". Motion carried 7-0.
Commissioner THOMPSON motioned, Commissioner LANGDON seconded, to
approve Section 3 to read as follows:
(E) Appeal/Variances and Waivers to Standards: Variances
and waivers to parking requirements SHALL BE PROCESSED AS A
VARIANCE PURSUANT TO SECTION 26-6 (D) OF THE CODE OF LAWS.
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March 6, 1997
Page 5
Commissioner THOMPSON motioned, Commissioner ECKHARDT seconded,
to accept the changes as written on the proposed ordinance
Section 4 as it relates to "Multifamily Residential". Motion
carried 6-1 with Chairperson WILLIAMS voting against.
Commissioner ECKHARDT motioned, Commissioner RASPLICKA seconded,
to accept the changes as written on the proposed ordinance
Section 5 as it relates to "Office/Warehouse". Motion carried 6-
1 with Commissioner JOHNSON voting against.
8. CLOSE THE PUBLIC HEARING
9. OLD BUSINESS
A. Kipling and 38th Avenue Master Plan:
1. City Administration is currently reviewing two
sites for the new recreation center. Presently,
the center has not been included in the Master
Plan due to questions regarding its location. The
Master Plan cannot continue until the Commission
is aware of the recreation center site decision
because it will greatly affect the overall plan.
The Master Plan must be temporarily postponed
until the decision is reached at which point the
Master Plan can be immediately continued. A city-
wide meeting will be held regarding the new
recreation center at Everett Jr,. High at 7:00 p.m.
on March 13, 1997. Director GIDLEY invited the
Commissioners to attend.
B. City Council Actions Regarding Previous Matters Before
the Planning Commission:
1. Public Works Shop Area: Wheat Ridge Public Works
Shops, 45th Avenue west of Parfet Street, Rezoning
and Special Use Permit was approved. The
Planning Commission Minutes
March 6, 1997
Page 6
recommendation by the Commission for a complete
solid fencing around the property was approved as
well as instructing the City to consider any
properties that may come upon the market north of
I-70 and south of the railroad tracks in the
industrial area for any additional space needs
that Public Works may have.
2. Sprint Cell Tower Panels on City Hall Tower: This
item was approved and they are currently working
on the installation. A question was raised by
Commissioner THOMPSON if an evaluation was going
to be performed regarding the tower integrity.
Director GIDLEY advised that this was accomplished
prior to this installation and Staff is aware that
the tower cannot handle much more than what is
currently installed. The remainder of access will
be held for the use of the City.
3. Recommendation of Amendment to Zoning Ordinance
Dealing with Residential Uses in Commercial Zones:
This item was approved as recommended.
10. NEW BUSINESS
A. Referral of items from Council/City Attorney:
1. Ordinance correction regarding cell towers will be
placed on the next Public Hearing agenda.
2. Conditional/Special Uses: Request for Public
Hearing will be discussed in detail at the Study
Session on March 20, 1997.
B. Commissioner ECKHARDT requested that the custodial
staff be requested to clean the Council Chambers,
especially dust the dias.
C. Commissioner THOMPSON inquired if fiber optics was
being installed on 44th Avenue. Discussion was held
Planning Commission Minutes
March 6, 1997
Page 7
regarding the installation of fiber optics underground
as opposed to overhead. She inquired how the
Commission could become involved in all types of
installations. Director GIDLEY advised that.the
Commission could make Council aware of their concerns,
could adopt a motion/resolution, or bring concerns to
the attention of the Comprehensive Plan Review
Committee and it could become a component of the plan
itself.
D. Commissioner JOHNSON bid farewell to the Commission and
Staff and stated that he was not happy with the way he
was treated regarding his reapplication for appointment
to the Planning Commission. He stated he has
participated on various Boards and has been a committed
citizen for the betterment of Wheat Ridge. He did not
appreciate his treatment regarding reapplication. He
stated that whether or not he chose to reapply, he has
"never been fired from a job in his life" and felt he
had been "thrown out to pasture" and told it would be a
waste of his time to reapply. He stated that he
appreciated the working relationship he has enjoyed
with members of the Commission. He said that even
though there has been different views or opinions,
there has never been hard feelings and the Commission
has returned as friends the following meeting and again
worked together. He stated that this was his last
meeting.
Chairperson WILLIAMS stated for the record that as far
as he was concerned Commissioner JOHNSON would be
missed that that the work he has accomplished has been
done with the best interest of Wheat Ridge in mind with
no politics involved. He asked for a consensus of the
Commission to say thank-you to Commissioner JOHNSON.
It was received. In addition, Commissioner ECKHARDT
has decided not to return and Chairperson WILLIAMS
reiterated his statement.
11. DISCUSSION AND DECISION ITEMS
Planning Commission Minutes
March 6, 1997
Page 8
12. COMMITTEE AND DEPARTMENT REPORTS
13. ADJOURNMENT
Meeting was adjourned at 10:05
by
OL4 6pedd n O&M
,7oA- 97• o/
MEMORANDUM
of WHEAT
To: Planning Commission
From: Glen Gidley, Planning & Development Director
Re: Case ZOA-97-01: Industrial Zone District Amendments and cocoRnoo
Related Discussion Regarding Special, Conditional and
Permitted Uses
Date: March 12, 1997
At your March 6th meeting, you continued Case ZOA-97-01 to the March 20th agenda for
general discussion in a Study Session format with the Public Hearing being continued to April
3rd. The purpose of your continuance was as follows:
To allow direct notification by certified letter to the owners of Light Industrial (I) zoned
properties of the proposed amendments and the March 20th Study Session regarding such
amendments. Notification has been completed as per the attached correspondence.
2. To consider, in greater detail, the implications of those proposed amendments in light of
alternative and coincidental revisions that may be needed regarding the broad categories
of uses, i.e., Special Uses, Conditional Uses, and Permitted Uses.
The broader issues involving "Special Uses", "Conditional Uses", "Permitted Uses", and related
procedures for each is a complex, interrelated set of issues which need broader examination and
understanding. Pursuant to the Zoning Code, Section 26-6:
"PERMITTED USES" are uses which are allowed by right provided that all of the
"development and use regulations" of the particular zone district are met. These are Staff
"ministerial" approved uses. The same applies to "Permitted Accessory Uses".
2. "CONDITIONAL USES" are permitted uses which are subject to site plan review at a
Public Hearing by the Planning Commission to ensure that they are properly designed,
developed, operated and maintained so as to be appropriate for the specific location
proposed considering surrounding uses, streets, public services, etc., (Section 26-6 (A)).
The Planning Commission may impose conditions upon the site plan and use to assure
these things. Appeal is to City Council. Approval is by a simple motion.
City Council has recently directed the City Attorney to draft an amendment to
Conditional Use Procedures (Section 26-6 (A)) to make them the same as Special Use
Procedures. (Copy attached.)
"SPECIAL USES" are "discretionary" uses which require Public Hearings before the
Planning Commission and City Council and approval by adoption of an Ordinance. This
is exactly the same process as a rezoning and is subject to legal protest. At your January
Memorandum - Planning Commission
March 12, 1997
RE: Case No. ZOA-97-01
Page 2
16th meeting, you reviewed that section of the Zoning Code (Section 26-6(B)) which
deals with the "procedural" aspects of Special Uses. 1 have included a .copy of the Staff
memorandum and attachments from that meeting for your review.
The specific proposal in Case ZOA-97-01 is to amend the Light Industrial District Regulations
so as to move a set of Permitted uses, "all uses allowed in the Commercial-Two District", to the
Special Uses category. If this amendment is approved, then all future Commercial-Two uses in
the Light Industrial Zone (I) would be subject to Special Use review and procedural
requirements. Additionally, existing Commercial-Two uses currently located in the "I" zone
will be considered "Nonconforming Uses" subject to the provisions of Subsection 26-6 (13)(7)
which requires elimination or compliance within five (5) years.
Based upon discussion by the Planning Commission at prior meetings on this subject, it appears
that the Planning Commission has concern regarding two specific components of the Special Use
provisions as they would apply not only to the "I" zone, but generally to all zone districts. Those
concerns can be summarized as follows:
CAPITAL INVESTMENT: Those Special Uses which require significant capital
investment in permanent structures and site improvements which are designed so as to
accommodate a specific type of use and which cannot easily be converted to a wide range
of permitted uses should not be subject to the "personal grant" provisions of the Special
Use provision. Instead, those Special Uses should vest with the property.
2. NONCONFORMING: The provisions of Subsection 26-6 (13)(7) requiring
Nonconforming Special Uses to either be eliminated or comply within five (5) years is
not only inconsistent with recent changes to the general nonconforming use provisions of
the Zoning Code (Section 26-7), it also is ill-conceived considering the above stated
capital investment concerns. There are many uses which are now, or will be in the future.
Nonconforming Special Uses which have substantial capital investment in site
improvements and structures which cannot easily be converted to permitted uses.
POSSIBLE SOLUTIONS
City Council has expressed legitimate concerns that "I" zoned land is being converted to
uses which are undesirable because of the potential negative impacts of those uses.
Those impacts include large trucks and equipment, outside storage and operations, semi-
truck traffic, and unsightliness. They are concerned that residential neighbors do not
have an opportunity to review plans and comment upon those plans and if necessary,
oppose the proposal. Council's solution was to rezone all "I" zoned property to Planned
Industrial Development (PID) and eliminate the "I" district completely, thus, forcing
future users to submit to a rezoning and outline plan/final plan type of review. This
Memorandum - Planning Commission
March 12, 1997
RE: Case No. ZOA-97-01
Page 3
solution may not be effective because of the legal protest rights of individual owners of
"I" zoned properties and because there would be no approved plan in place as is required
by the Planned Development Regulations.
2. The Planning Commission is considering an alternative solution which tries to address
Council's major concerns by placing the most objectionable uses (those allowed by right
in the Commercial-Two zone) in the Special Use category. However, the Planning
Commission is concerned regarding the previously mentioned Special Use provisions
limiting approval to a "personal grant of use" and applying the five-year amortization
provision on nonconforming Special Uses.
3. Staff recommends that prior to adopting Case ZOA-97-01, revisions to the Zoning Code
be adopted which accomplishes the following:
A. Amends Section 26-6 (B) Special Uses to eliminate the "Personal Grant"
provision, and the five-year amortization provision.
B. Amends Section 26-6 (A) Conditional Uses to read substantially the same as the
current Special Use provisions by including the "Personal Grant" provision and
approval by Ordinance process. I would recommend against the five-year
amortization provision however because of the inconsistency issues.
C. Amends all zone districts by realigning the various uses into "Special",
"Conditional", or "Permitted" Uses based upon the nature of the use and related
site improvements and the degree of desired public input. To illustrate this
concept, I offer the following examples:
Example 1: In the Commercial-One District, "automotive body and paint shops" are
currently listed as a Conditional Use (Section 26-22(D)(1). Because this use requires
specialized facilities with substantial capital investment, I would recommend shifting this
use to the Special Use category. Thus, the business could transfer ownership without
going through a rezoning type hearing, however, the conditions of the original approval
would still apply to the new owner. The new owner will know these conditions, as the
plan and ordinance would be recorded against the property title.
Example 2: Also in the Commercial-One District, "itinerant sales....." is listed as a
Special Use (Section 26-22 (E)(5)). First, I'm not convinced that this use should not be
reclassified as an "Accessory Use" and permitted on a ministerial basis, but if you and
Council want greater control of these uses, then recognize the non-permanent, low
investment character of this use, and clarify it as a Conditional Use under the new
definition, thus it vests with the owner/operator rather than with the property.
Memorandum - Planning Commission
March 12, 1997
RE: Case No. ZOA-97-01
Page 4
Example 3: In the Agricultural-One zone district, "greenhouses" currently are listed as
Special Use, which currently ties the use approval to the owner/operator versus vesting
with the property. Because greenhouses are uniquely designed to accommodate only the
indoor growing of plants, the site improvements are not easily or cheaply modified to
accommodate other permitted uses in the district. In this case, I would recommend
leaving the use as a Special Use under the revised provisions which vests the use with
this property rather than the owner/operator.
This is not a simple, expeditious exercise as each zone district will need to be fully reviewed and
the uses realigned into the appropriate use categories based upon the new category definitions
and procedural requirements. This could take several months of Study Sessions with the
Planning Commission before Public Hearings on the final proposals. Because of this, it may be
advisable to recommend Council adopt a six-month moratorium on issuance of building permits
and/or use permits for uses in the Light Industrial Zone District which are most objectionable,
such as Commercial-Two uses and above..
Attachments
INTRODUCED BY COUNCIL MEMBER
Council Bill No. _
Ordinance No. _
Series of 1997
TITLE: AN ORDINANCE AMENDING THE ZONING CODE OF THE CODE OF
LAWS OF THE CITY OF WHEAT RIDGE REGARDING LIGHT
INDUSTRIAL (I) ZONE DISTRICT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
Section 1. Wheat Ridge Code of Laws Chapter 26. Article I. Zoning Code, Section 24. Light
Industrial District (I), Zoning Code, Subsection (A)(1) is hereby amended as follows:
"(1) Any use permitted in the Commercial-One (C-1) _
District as permitted principal use."
Section 2. Wheat Ridge Code of Laws, Chapter 26. Article 1. Zoning Code, Section 24. Light
Industrial District (I), Subsection (B) Special Uses, is hereby amended by addition of a new item
(1) to read as follows, with existing items (1) through (340) to be renumbered (2) through (31):
"(1) ANY USE PERMITTED IN THE COMMERCIAL-TWO (C-2) DISTRICT
AS A PERMITTED OR SPECIAL USE, EXCEPT C-i USES ARE
PERMITTED PRINCIPAL USES."
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, suchjudgment shall not affect application to other persons or
circumstances.
Section 4. 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 5. Supersession Clause. If any provision, requirement or standard established by this
Ordinance is found to conflict with similar provisions, requirements or standards found
elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date
of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede
and prevail.
Ordinance No. Page 2
Series of 1997
Section 6. This ordinance shall take effect days after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this
day of 1997, 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 1997, at 7:00 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
to , this day of 1997.
SIGNED by the Mayor on this day of
1997.
DAN WILDE, MAYOR
ATTEST:
Wanda Sang, City Clerk
APPROVED AS TO FORM BY CITY ATTORNEY
GERALD DAHL, CITY ATTORNEY
1st Publication:
2nd Publication:
Wheat Ridge Transcript
Effective Date:
MEMORANDUM
To: Y Planning Commission
From: Glen Gidley, Planning & Development Director
Re: Case No. ZOA-97-01: Industrial Zone District Amendment
to Permitted and Special Uses
Date: February 27, 1997
City Council originally initiated this case as a total elimination of the Light Industrial (I) zone
district regulations (Section 26-24), and a rezoning of all existing "I" zoned properties to Planned
Industrial Development (PID). After discussion of that proposal by the Planning Commission at
a Study session held January 16th, the Planning Commission decided that total elimination of "I"
and rezoning was impractical and difficult, if not impossible to implement due to Charter
provisions regarding legal protest and rezonings.
After considering the basis for Council's initiative, specifically that certain objectionable uses are
allowed as principal permitted uses because they are allowed in the C-2 zone districts by
reference Planning Commission decided that a more practical approach would be to make such
uses subject Special Use review. Hence, the attached proposed Council Bill amends the Light
Industrial District regulations (Section 26-24) by deleting C-2 uses as "permitted principal uses,
and includes C-2 uses as "special uses" subject to Special Use review.
Staff Recommendation
Staff concludes that this amendment accomplishes this basic intent of City Council, therefore we
recommend approval.
NIEN10RA\DUi I o W A
U \\t O
To: _ Planning Commission ~
From: Glen Gidley, Planning and Development Director
Re: Special Use Permits coto~aoo
Date: January 10, 1997
Up until 1994, Special Use Permits, if approved, became a land use right which vested with the
land, similar to rezoning. If the property sold, the "right" associated with the Special Use Permit
transferred with the property. In 1994, Council amended the Special Use procedures (Section
26-6 (B) Attached), so that Special Uses were only permitted to the "applicant" as owner of the
Special Use. The Special Use Permit does not automatically transfer to a new owner upon sale
of the land use activity. Additionally, the new provision specifies that Special Use Permits may
be revoked if specific conditions are not complied with. It also provides that uses which are no%~
listed as "Special Uses" but never obtained Special Use Permits pursuant to the new rules, must
conform on close by 1999 (Section 26-6(13)(7)).
I bring this to your attention for the purpose of discussion because since adoption, several
problems have been discovered and related changes have occurred which may point to the need
for further revisions.
A. PROBLEM: Many Special Uses require significant capital investment in permanent
structures which are specifically designed to accommodate the specific use. These
structures are not easily changed to accommodate other uses. Is it practical to tie
approval to a person (the applicant/owner) when you have long term capital investment in
physical improvements to the land. An example of this would be the Special Use
"Greenhouses) in the R-C district (Section 26-21 (C)(4)). Does it make sense that a
person would invest substantial funds to construct a greenhouse operation, if their
investment may be worthless as a marketable asset based upon current political whim.
B. PROBLEM: There are many existing nonconforming special uses in the City. Pursuant
to Section 26-6 (13)(7) these uses must conform by 1999 by obtaining an SUP or by
closing operations. An example of this is the greenhouse operation at the northwest
corer of West 44th Avenue and Pierce Street. It is zoned R-C and requires a Special Use
Permit, but have never had one and have not applied for one. Even though the general
nonconforming amortization provisions were recently revised to eliminate the year 2000
conformance requirement, the more specific amortization requirement for nonconforming
"Special Uses" was not affected by that amendment. I would suggest revising Section
26-6 (13)(7) to eliminate this provision.
Please read the attached Section 26-6 (B) and be prepared to discuss these and other concerns
which you may have.
ZONNG AND DEVE LO PN NT
§ 26.5
bulk, buffering, screening and d- and shall decide to sustain, ame4dr reject
scaping, so as to be in h2 0n and the planning commission decisjon, with its
- compatible with character of sur- decision being based upon &4.&idence ore-
rounding areas and neighbor cod, es- rented and the planning co rmssion record,
pecially with adjacent prope ies. with due consideration r the criteria for
(p Will not overburden the c acities of review.
the existing streets, util' ies, parks, (6) Enforcement. All editions and stipula.
schools and other public cilities and tions imposed by fie planning commission
services. or city council all be maintained in per.
(4) Planning commission review Planningcom-
mission shall hear and c sider any evi•
dente or statement prese red by the appli-
cant, city staff, or b any person in
attendance at the he ng. The planning
commission shall the decide to approve,
approve with conditio s, or deny the aooli-
cation, basing its d 'ripe upon the facts
presented in the pu Ec hearing in consid•
eration of the ant for review as speci.
led in subsection a
)above. Planning tom
mission may ' pose conditions or
stipulations, whi may include physical de-
sign as well operational and mainte-
nance consider tions, upon the conditional
use in additio to standard development and
use regulatio s which apply within a par•
titular zone istrict or for a similar "per-
mitted use ' Such conditions or stipula•
lions may e'imposed in order to ensure
compliant with the criteria for review,
which, i not complied with, shall be
grounds or revocation of the conditional
use...
(6) Appea An applicant, or any aggrieved
prope y owner within sir hundred (600)
feet o the subject property, may appeal the
deci on of the planning commission to city
cou cil by filing such appeal, along with an
esp anation for the appeal, with the Wheat
Ri ge City Clerk within ten (10) working
d s after the date of the planning comets-
s- n hearing. Upon such appeal, a public
Baring shall be scheduled before the city
ouncil, following the same public notice
equirements and procedures set forth for
the planning commission hearing. City
council, in addition to consideration of the
planning commission record, shall hear ad-
ditional evidence and testimony presented,
petuity 7ed* a special use. If at any time
the stips or conditions are not ad-
hered to found to have been mater i•
ally alt scope, appl ication or design,
the z ing administrator shall notify a code
enf cement officer of the nature of U;e
o Lion(s) and the code enforcement officer
shall, initiate standard enforcement proceed-
ings.
(B) Specie' Uses: Special uses are discretionary
uses w t~i`ch arearly shown to be void or deli.
cient in an area and which, if properly designed,
developed, operated and maintained, may be ap-
proved for any specific location within a zone dis-
trict wherein the special use is enumerated. Spe-
cial uses are highly dependent upon proper design,
management and operational aspects; therefore,
such uses must be considered as a personal grant
of use granted to the owner of the special use and
not as a grant o Ea: veste propertn ht. w•h' n
transters with the land or lease. The only time a
spec use permit may be transferred to a new
owner without reapplying for approval is through
inheritance by an heir. The primary issues which
the planning commission and. city council shall
address are those related to justification of need
and those special design and operational consid-
erations which mitigate potential detrimental im-
pacts of a special use on surrounding land uses,
the street system, or public services or facilities.
In order to protect the public interest, the plan-
ning commission and city council shall have the
right to approve, approve with modifications or
deny a special use request and to revoke previ-
ously approved special use permits pursuant to
subsection (6) hereof.
(1) Applicability. The requirements of this sub-
section shall apply to all uses listed as "spe-
cial uses" within the provisions set forth
for any particular zone district.
$upp. No. 14 1691
NFir AT ?UDGE CrrY CODE
$ 26.6
Proposed site development ele,
7
(2) Application form and review procedures:
.
merits, including general building
(y) Prior to submitting an y application for
envelopes, landscape/open space
and loading areas,
kin
a special use permit. the applicant shall
hborhood
nei
ld
g
buffers, par
and outside work, storage or dis-
an
g
a
be required to ho
input meeting (see subsection (F)(1) for
play areas
Site data table, including gross and
requirements).
(b) Special use applications shall be origi-
8
net lot area, ma-I mum building
imum floor area of
nated only by the prospective owner of
ith written
coverage, max
buildings, landscape/open space
the proposed special use, w
proval of the fee owner of the prop-
a
king area, maximum
area, par
tc
p
in cues where the owner of the
t
.
height, e
building
y
er
Property is different than the owner of
(e) Upon receipt of a complete application
the proposed special use. Both the spe-
packet as described above, the plan-
cial use owner and the land owner, or
ning and development department
their legal representatives, must be
shall proceed with the following pro-
present at all public hearings,
lication shall be submitted on forms
) A
cess:
to affected
ti
i
(c
pp
provided by the department of Plan'
on
ca
l
Refer the app
s for review and com
i
ning and development and shall be ac
e
public agenc
companied by a copy of the property
d a fee of one
ment.
Within thirty (30) days °
2
n
deed, a certified survey an
hundred dollars ($100.00).
.
licatio
tance of a completed app
otice of a scheduled
i
(d) All applications shall also be aanmand
ment PI
l
d
ve n
packet, g
public hearing on the application
op
eve
nied by a site
formation in suf-
i
by newspaper publication, letter
n
additional written
ficient detail to convey the full intent
notification and posting in the
rov ded in subsection
rovided
of the applicant in developing, open
p
manner as
acing and maintaining the special use.
lan shall meet
nt
l
(F)(1).
3, Prepare a written report and rec-
p
opme
The site deve
the following minimum requirements:
ndations to the planning
omme
which evaluates the
i
Sheet size: 8.5 x 11 inches min-
1
on,
commiss
proposal and makes findings using
.
imum.
the following review criteria set
Scale and north arrow.
2
forth in subsection (3) below.
.
3. Property boundaries and lot lines
Before a special use is
i
with dimensions.
osed public street
ro
d
ew.
(3) Criteria for rev
approved, the applicant shall show, and the
p
p
4. Existing an
i
ion and city council shall
i
r•
rights-of-BY, Public easements,
s
ss
planning comm
osed special uses:
rigation ditches, drainage way
find, the prop
and other easements affecting the
(a) Will meet a proven public need in that
i
site.
ces,
it will fill a void in necessary serv
5. Existing and proposed public im-
products or facilities especially appro-
provements within and adjacent to
priate at the location proposed, consid•
the site, including curbs, gutter,
ering available alternatives.
sidewalk, street pavement,
(b) Will not have a detrimental effect upon
drainage improvements, street
the general health, welfare, safety and
lights, etc.
6. Existing and proposed street ac,
convenience of persons residing or
working in the neighborhood of the pro-
cess points or curb cuts and dimen.
posed use.
sions thereof.
1600
Su PP No. U
ZONTN"G AND DES FLOP?SENT
(c) Will not create or contribute to blight
in the neighborhood by virtue of phys-
ical or operational characteristics of the
proposed use. '
(d) Will not adversely affect the adequate
light and air, nor cause significant air,
water or noise pollution.
(e) Is consistent with the comprehensive
plan.
(0 Will not result in undue traffic conges-
tion or traffic hazards, or unsafe
parking, loading, service or internal
traffic conflicts to the detriment of per.
sons whether on or off the site.
(g) Will be appropriately designed, in-
cluding setbacks, heights, parking,
bulk, buffering, screening and land-
scaping, so as to be in harmony and
compatible with the character of the
surrounding areas and neighborhood,
especially with adjacent properties.
(h) Will not overburden the capacities of
the existing streets, utilities, parks,
schools and other public facilities and
services.
(4) Planning commission review: The planning
commission shall hear and consider any ev-
idence or statement presented by the appli-
cant, city staff, or by any person in atten-
dance at the hearing. The planning
commission shall then make a recommen.
dation to city council to approve, approve
with conditions, or deny the application,
basing its recommendation upon the facts
presented in the public hearing in consid-
eration of the criteria for review as speci-
fied in subsection (3) above. Planning com-
mission may recommend conditions or
stipulations, which may include physical de-
sign as well as operational and mainte-
nance considerations, upon the special use
in addition to standard development and
use regulations which apply within a par-
ticular zone district or for a similar "per-
mitted use." Such conditions or stipula-
tions may be recommended in order to
ensure compliance with the criteria for re-
view, which, if not complied with, shall be
grounds for revocation of the special use. A
Supp. No. 14
3'266
recommendation for denial shall be consid-
ered final, unless the applicant files an ap-
peal to city council.
(5) City council reuiew. City council shall re-
view and decide upon all requests for spe-
cial uses upon recommendation of the plan-
ning commission for approval or upon
appeal by an applicant of a recommenda-
tion for denial by the planning commission.
Special uses may only be approved by pas-
sage of an ordinance, following the city's
standard ordinance adoption procedures.
Notice of public hearing shall be in the
manner provided in subsection 26-6(F)(1).
City council, in addition to consideration of
the planning commission record, shall hear
additional evidence and testimony pre-
sented, and either pass, pass with modili-
cations, or deny the ordinance, its decision
being based upon all evidence presented,
with due consideration of the criteria for
review.
In the event of a protest against such spe-
cial use permit, signed by the owners of
twenty (20) percent or more of the area:
a. Of those immediately adjacent to the
rear or any side of the property, ex-
tending one hundred (100) feet from the
property; or
b. Of those directly opposite across the
street from the property, extending one
hundred (100) feet from the street
frontage of such opposite property.
Such special use permits shall not become
effective except by the favorable vote of
three-fourths of the entire city council.
Where land which is adjacent or opposite,
as defined above, is owned by the city, such
property shall be excluded in computing the
required twenty (20) percent, and owners of
noncity land within the one-hundred-foot
limit, as defined above, shall be considered
adjacent or opposite despite such inter-
vening city land. The written protest to such
special use shall be submitted to the city
council no later than the hearing on the
proposed special use permit.
1693
§ 26-6
WHEAT RIDGE CITY CODE
(6) Enforcement. All conditions and stipula-
the council find that the conditions a
tions imposed by city council shall be main-
stipulations have not been satisfaa,
tained in perpetuity with the special use. If
rily met, council shall adopt the reN
at any time the stipulations or conditions
cation ordinance.
are not adhered to or are found to have been
materially altered in scope, application or (7) Nonconforming special uses: Notwith-
design, the zoning administrator shall no- standing the provisions of section 26.7, any
tify a code enforcement officer of the nature special use which is nonconforming to the
of the violation(s) and the code enforcement provisions of this subsection 26.6(B) by way
officer shall investigate and, if appropriate, of not having received approval of a special
initiate revocation proceedings which shall use permit under prior rules and proce-
include the following-. dures shall terminate or shall otherwise be-
(a) Notice of violation following procedures
as set forth for nuisances pursuant to
Wheat Ridge Code, Chapter 15.
(b) Upon a finding of noncompliance by a
code enforcement officer after the pre-
scribed correction date, the zoning ad-
ministrator shall schedule a revoca-
tion hearing before the city council.
Such revocation hearing date shall be
set by city council after first reading of
an ordinance therefor. The purpose of
the revocation hearing shall be for the
city council to hear evidence concerning
the nature and ex-tent of the alleged
noncompliance with the conditions of
the special use permit. The council
shall have the power, upon good cause
being shown, to cancel or revoke the
previously issued special use permit,
-to require certain corrective measures
to be taken, and/or to direct the city's
agents to enter upon the premises. and
take corrective measures required by
the city council, and to modify the con,
ditions which apply to the special use
permit. Any revocation action shall be-
come effective fifteen (15) days after
final publication of the ordinance. Any
other action shall require a continu-
ance of the public hearing to a specific
future date and a motion stipulating
the specific corrective measures that
are to be accomplished either by the
special use owner or by an agent of the
city within that time period. Upon the.
date of the continued hearing, should
come conforming to these provisions within
live (5) years of the date that such noncon-
forming status became effective. In addi-
tion, within this five-year amortization pe-
riod no nonconforming special use shall
change ownership without coming into con-
formance with this subsection 26-6(B). All
other provisions of section 26-7 shall apply.
\hn Change of Zone (Rezoning): A change of any
zo istrict as shown on the official zoning map
is mitted only when it is consistent with the
gd policies of the Wheat Ridge Comprehen-
siand promotes the general welfare of the
coity. If a proposed amendment is not con.
sit %*th the comprehensive plan, then the re-
quma only be approved if the applicant dem.
ontes t at the request is justified because of
chd or c anging conditions in the particular
arr in th city in general, or the rezone is
neary to c rect a manifest error in the ex-
istzone class lcation. A manifest error may
in, but may t be limited to, one (1) or more
of following. 1) apping errors, including in-
coboundary to ion or incorrect zone desig-
na; or 2) Ordinance rrors, including incorrect
zosignation, legal scription error, or typo-
grcal errors.
The final determination as o a change of zone
expressly rests in the exercise the discretion of
the city council and all applican are hereby ad-
vised and informed that there i no right to a
change of zone of property.
(1) Applicability: The requirements this sub-
section shall be applicable throug ut the
boundaries of the City of Wheat Rid and
Supp.No.14 1694
MEMORANDUM[
To: Planning Commission
From: Glen Gidley, Planning & Development Director
Re: Industrial District Regulations
Date: December 26, 1996
U
Recently, City Council directed Staff to begin a process to rezone all Industrial (I) zoned
properties in the City to Planned Industrial Development (PID) and to eliminate the Industrial (I)
zone district regulations from the zoning district regulations from the Zoning Ordinance (Section
26-24). After a preliminary evaluation of this proposal, it was determined that, due to the City's
own limitations on Large Area Rezonings (Section 26-3 (G)), unchallenged rezoning would be
improbable.
The root of this concern came from establishment of two new businesses on Industrial (I) zoned
property in the northwest area of the City which businesses were allowed at C-2 zone uses.
Rather than rezone all Industrial zone land, a simple amendment to Section 26-24 (B) to
eliminate C-2 uses as "Permitted Principal Uses", but to then amend Section 26-24 (E) to place
C-2 uses as Special Uses, would achieve the desired end.
ZONING ARID DEVELOPMENT
§ 2&24
Sec. 26-24. Light Industrial District (I).
(A) Intent and Purpose. The intent of this dis-
trict is to permit the use of previous Industrial
(I)-zoned property for commercial and light indus-
trial uses. Rezoning to Industrial (I) Zone District
classification shall not be permitted; however, ex-
isting Industrial (I)-zoned property may be devel-
oped and used in accordance with provisions set
forth herein.
(B) Permitted Principal Uses: No building or
land shall be used and no building shall be here-
Supp. No. W 1737
3 26-24
WHEAT RIDGE CODE
after erected, converted or structurally altered un-
less otherwise provided herein except for one (1)
or more of the following uses:
(1) Any use permitted in the Commercial-One
District (C-1) or Commercial-Two District
(C-2) as a permitted principal use.
(C) Permitted Accessory Uses and Accessory
Buildings:
(1) Electric transmission or other public utility
lines and poles, irrigation channels, storm
drainage facilities, and water supply facil-
ities, and other similar facilities.
(2) One (1) residential living unit within a com-
mercial building.
(3) Outside display or storage subject to the
following:
;a) Merchandise, material or stock for sale
or rent may be displayed or stored
within ten (10) feet of the front of build-
ings without being screened, except
that required parking spaces or fire
lanes shall not be used for such outside
display or storage.
(b) Merchandise, material or stock may be
stored or displayed behind the front of
buildings within side or rear yards only
where completely screened from adja-
cent properties and streets by a six-foot-
high opaque wall or fence. Merchan-
dise, material and stock shall not be
stacked to a height greater than the
height of the screening fence.
(c) The above shall not apply to operable
automobile or light-duty truck rental
and sales lots, planted or potted nursery
stock, plant and produce sales, boat and
camper sales lots, or mobile home and
structure sales lots, except that re-
quired parking spaces and fire lanes
shall not be used for storage or display.
(41 Storage buildings, sheds, garages, work-
shops and other similar structures when ac.
cessory to the primary use.
(5) Temporary Christmas tree, produce and
bedding plant sales lots are permitted on
undeveloped parcels or upon developed par-
cels, subject to the following requirements:
(a) Temporary sales lots shall be permitted
for no more than ninety (90) days.
(b) If located upon a parcel which is occu-
pied by a primary use, the temporary
sales area shall not occupy required
parking spaces or fire lanes and shall
not be located within the required sight
distance triangle of the intersection of
two (2) streets.
(c) If located upon an undeveloped parcel,
adequate off-street parking area for the
use must be provided.
(d) Temporary fences, signs, structures and
other improvements associated with
the use shall meet all zoning and
building code requirements.
(e) No such temporary sales lot shall oc-
cupy a parcel without first having re-
ceived an administrative temporary use
permit, business license, sales tax li-
censes, and building permit(s) as may
be required by the City of Wheat Ridge.
(D) Conditional Uses: The following uses shall
be permitted only upon approval of the Wheat
Ridge Planning Commission, following procedures
as set forth in section 26-6(A):
(1) Electric transmission substation
(E) Special Uses: The following uses shall be
permitted only upon approval of the Wheat Ridge
Planning Commission and city council, following
procedures as set forth in section 26-6(B); all spe-
cial uses shall be subject to the performance stan-
dards as set forth in subsection (G) hereof:
(1) Itinerant sales of any item permitted in this
district upon a parcel which is vacant or
occupied by a permanent principal per-
mitted use; provided, however, that such
itinerant sales do not occupy required
parking space or fire lanes, do not occupy
the sight distance triangle required at the
intersection of two (2) streets if on a corner
property, are set back at least ten (10) feet
from all property lines, and do not exceed
thirty (30) days' occupancy of the same pro-
Supp. No. N _ 1738
ZONING AND DEVELOPMENT 3 26-24
erty. In addition. only one (1) itinerant mer- (b) When used in this section. the following
chant may occupy a premises at any time. words shall have the following mean-
(2) (ai Parking of more than three (3) commer- ings:
cial truck-tractors and/or semitrailers
1. "Truck-tractor" means any motor
on any parcel or lot, where such vehi-
Vehicle which is generally and com-
cles aze not related to the transporta-
monly designed and used to draw
tion needs of the business conducted
a semitrailer and its cargo load
thereon, shall require approval of a spe-
over the public highways.
cial use permit. In order to evaluate
2. "Semitrailer" means any wheeled
the proposal, the applicant shall submit
vehicle, without motive power,
a site plan which adequately illustrates
which is designed to be used in con-
location and size of all parking spaces
junction with a truck-tractor so
and drive isles, and direction of traffic
that some pan of its own weight
flow, and which shows the proposed
and that of its cargo load rests upon
parking relative to existing structures
or is carried by such truck-tractor
on and adjacent to the site, to adjacent
and which is generally and com-
streets, and which shows point of in-
monly used to carry and transport
gress/egress to the site. The intent of
property over the public highways.
this provision is to limit those areas in
3. Any of said vehicles shall be con-
which truck-tractors and/or semi-
sidered commercial when utilized
trailers used in commercial ventures
with or as a part of a commercial
may be parked and is not intended to
venture.
apply to any noncommercial use of such
(c) Any property upon which a special use
truck-tractors and/or semitrailers.
permit is granted pursuant to subsec-
Parking lot design shall meet the stan-
tion O(a) above shall be conspicuously
dards for truck-tractors and semi-
posted to indicate the authorization for
trailers as specified in section 26-31,
the parking of commercial truck-
Off-Street Parking Requirements.
tractors and/or semitrailers thereon. It
shall be a violation of this Code of Laws
In addition, the applicant shall submit
for any commercial truck-tractor and-or
a report which addresses the following:
semitrailer to be parked or stored upon
1. Traffic impact to adjacent and sur-
property not so posted. Any commer-
rounding street systems;
cial truck-tractor and/or semitrailer
2. Noise generated on the subject site
parked in violation of the provisions
and proposed methods of miti-
hereof shall be subject to the provi-
gating its off-site effects;
sions of section 13-2 of the Code of
3. Air pollution caused by the new
Laws.
development and the relationship
(3) Commercial wholesale greenhouses.
with ambient air pollution in the
surrounding area. Proposed
(4) Manufacturing, processing, warehousing or
methods of controlling or reducing
a combination thereof of the following-.
air pollution that are part of the
development concept shall be de.
(a) Instruments of professional, scientific,
scribed; and
photographic, optical and other sim-
4. Compatibility with adjacent land
ilar uses.
uses and proposed methods of as-
(b) Electrical machinery, equipment and
suring compatibility, such as
supplies.
screening, landscaping, setback of
(c) Fountain and beverage dispensing
orientation.
equipment.
Supp. No. 5
1739
§ 26-24
WHEAT RIDGE CITY CODE
(d) Plywood, furniture and similar wood
(17)
Carpet cleaning and fumigating.
products.
(e) Small items, such as toys, clocks, jew-
(1S)
Cereal mills.
elry,fountain pens, pencils and plastic
(19)
Cheese factory.
products.
(20)
Contractor's plant or storage yard.
(f) Transportation equipment.
(g) Candy.
(21)
Electrical motors and armature re-grinding
(h) Foods (processing and%or canning).
shops.
(il Glass and glass products.
(22)
Film developing plants.
Q) Other similar uses.
(23)
Ice plants.
(5)
Printing, engraving and other related re-
production processes.
(24)
Stone cutting or polishing works.
(6)
Custom fabrication.
(25)
Warehousing and outside storage in accor-
dance with subsection (G)(2) hereof.
(7)
Research laboratories, offices and other fa-
(26)
serums and toxins;
Manufacture of vaccines
cilities for research. both basic and applied,
,
that an antidote exists and is
provided
conducted by or for any individual, organi•
.
zation or concern, whether public or pri-
readily available for such vaccine, serums
vate.
or toxins: provided, further, that approval
of such manufacture is received from the
(8)
Retail sales of any commodity that is man-
state department of health and the county
ufactured, processed or fabricated only on
health department.
the premises; and equipment, supplies and
(27)
Outside storage of vehicles or parking of
designed especially for use in ag-
materials d
garbage trucks, when entirely enclosed
mining, industry, business, trans-
riculture.
n an opaque fence. Auto salvage busi-
withi
portation, building and other construction.
nesses or junk yards are not allowed within
(9)
Repair, rental and servicing of any com-
this subsection.
modity that the manufacture, fabrication,
(28)
Kennels.
processing or sale of which is permitted in
the district.
(29)
Manufacturing, fabrication and/or pro-
cessing of concrete products.
(10)
Schools for industrial or business training.
(30)
Other similar uses approved by city council.
(11)
Railroad facilities exclusive of yard, main-
tenance and fueling facilities. Lot lines
(F)
Uses Prohibited. Due to the limited area
abutting railroad rights-of-way shall have
available for the following uses and the proximity
constructed upon them a fence of minimum
to residential uses, the following uses are specif-
height of sic (6) feet.
ically
prohibited. In no instance shall any use
listed
below be interpreted as a similar use to a
(12)
Operations required to maintain or support
permitted use:
any use permitted on the same tract or lot
as a permitted use, such as maintenance
(1)
Wholesale or retail sale or storage of the
shops, power plants, machine shops, and the
following:
keeping of security animals.
(a) Live animals, except for kennels.
(13)
Terminals for public transit vehicles.
(b) Explosives.
(c) Junk.
(14)
Broom factory.
(d) Gasoline bulk storage exceeding two
(15)
Cabinet and woodworking shops.
thousand (2,000) gallons, including
storage for uses incidental or accessory
(16)
Caning, express, hauling or storage yard.
to any use permitted in this district.
Supp. No.5
1740
ZON NG AND DEVELOPMENT § 26-24
(e) Explosive or highly corrosive chemi. (6) Rubber manufacturing, processing or rec-
cals, such as metallic magnesium, me- lamation.
tallic sodium, metallic potassium or el-
(7) Sawmill or planing mill.
emental phosphorus.
(2) Basic manufacture of any of the following:
(a) Abrasives.
(b) Alcoholic beverages distillation.
(c) Animal products.
(d) Bone black.
(e) Fermented malt beverages.
(0 Carbon black and lamp black.
(g) Charcoal.
(h) Cinder or other blocks.
(i) Clay or clay products.
Q) Detergents, soaps and by-products
using animal fat.
(k) Fermented fruit and vegetable prod-
ucts.
(1) Gases, other than those used in accor-
dance with subsection (G)(8)(c).
(in) Concrete or cement.
(n) Glue and size.
(o) Gypsum and other forms of plaster
base.
(p) Matches.
(q) `fetal ingots, pigs, sand castings, sheets
or bars.
(r) Oils and fats, animal and vegetable.
(s) Paper pulp and cellulose.
(t) Portland and similar cements.
(u) Turpentine.
(v) Wax and wax products.
(w) Other similar uses.
(3) Manufacturing, fabrication and/or pro-
cessing of any of the following:
(a) Chemicals, heavy or industrial.
(b) Coal or coke.
(c) Insulation, flammable type.
(d) Paraffins, petroleum or petroleum prod-
ucts.
(e) Paints, pigments, enamels, japans, lac-
quers, putties, varnishes, whiting, and
wood fillers.
(0 Other similar uses.
(4) Meat slaughtering or rendering.
(6) Metals, extraction or smelting.
(8) Tanning.
(9) Wood preserving by creosoting or other pres-
sure impregnation of wood by preservatives.
(10) Other similar uses.
(G) Performance Standards: The following stan-
dards and conditions shall apply to the develop-
ment, use, operation and maintenance of any spe-
cial use hereinafter approved, as well as to any
similar industrial use created prior to adoption of
this section. All environmental performance stan.
dards set forth are subject to the criteria estab-
lished in current federal, state or location regula-
tions, whichever criteria is most restrictive:
(1) Building enclosures. Every use shall be op-
erated in its entirety within a completely
enclosed building unless otherwise specifi-
cally approved.
(2) Outdoor storage and waste disposal:
(a) All outdoor storage or warehousing fa-
cilities shall be enclosed by a view-
obscuring fence, wall and/or land-
scaping which fully conceals such
facilities from adjacent properties,
public streets and pedestrian ways. Dis-
play of finished products for retail sale
on the premises may be allowed, as
such would be allowed and regulated
in the C-1 and C-2 districts.
(b) No materials or wastes shall be depos-
ited upon a lot in such a form or manner
that they may be moved from the lot
by natural causes or forces.
(c) All materials or wastes which may
cause fumes or dust, constitute a fire
hazard, or may be edible or otherwise
attractive to rodents and/or insects
shall be stored only in closed con-
tainers.
(d) All toxic, corrosive, inflammable or ex-
plosive liquids, gases or solids shall be
stored in compliance with the currently
adopted fire prevention code, Environ-
mental Protection Agency standards,
Supp. No. 5
1741
§ 26-24
tiPcIELgT RIDGE CITY CODE
or similar standards or requirements
adopted by an agency of the State of
Colorado.
away from adjoining properties and be sub-
ject to the provisions of section 26-30.
(3) Noise. Noise shall be measured on any prop-
erty line of the tract on which the operation
is located and shall be muffled so as not to
become objectionable due to intermittence,
beat frequently, shrillness or intensity.
Noise shall be regulated so as to be in com-
pliance with the Colorado Noise Abatement
Act, Colorado Revised Statutes, § 25-12-
101, as amended.
(4) Odors. Odors from any use hereafter begun
shall not be discernible at the property Line
to a greater degree than odors from plants
for the manufacturing or fabrications of
books, textile weaves, electronic equipment
or other plants in which operations do not
result in greater degree of odors.
The values given in Table III (Odor Thresh-
olds) Chapter 5, "Physiological Effects," in
the' _-kir Pollution Abatement Manual," by
the Manufacturing Chemist's Association,
Inc., Washington, D.C., copyright 1951,
shall be used as standard in case of doubt
concerning the character of odor emitted.
In such cases, the smallest value given in
Table III shall be the maximum odor per.
mitted. Detailed plans for the prevention of
odors crossing property lines may be re-
quired before the issuance of a building
permit. Colorado Department of Health, Air
Quality Control Commission's currently
adopted "Odor Emission Regulation" shall
be complied with when found to be more
restrictive than the values of the "Air Pol-
lution Abatement Manual."
(5) Glare and heat. Any operation producing
intense glare and/or heat, e.g. welding con.
ducted as a regular function of an opera.
tion, shall be performed within an enclo.
sure in such a manner as to be imperceptible
along any lot line of such operation without
instruments.
(6) Exterior lighting. Any lights used for exte-
rior illumination shall be directed light
(7) Vibration. Vibration shall not be discern-
ible at any property line to the human sense
of feeling for three (3) minutes or more du-
ration in any one (1) hour. Vibration at any
time shall not produce an acceleration for
more than 0.1 gravities or shall result in
any combination of amplitudes and frequen-
cies beyond the "safe" range of Table VII,
United States Bureau of dines Bulletin No.
442, "Seismic Effects of Quarry Blasting,"
on any structure. The methods and equa-
tions of said Bulletin No. 442 shall be used
to compute all values for the enforcements
of this provision.
(8) Emission control of smore, dust and gases
(a) Smoke: Smoke emissions and capacity
levels shall be regulated so as to be in
compliance with the currently adopted
Colorado Department of Health, Air
Quality Control Commission's "Emis-
sion Control Regulations for Particu-
lates, Smokes, and Sulfur Oxides for
the State of Colorado."
(b) Dust and Other Particulates: Fugitive
dust and other particulate matter from
fuel-burning equipment, refuse-burning
facilities, and manufacturing shall be
controlled in accordance with the Col-
orado Department of Health, Air
Quality Control Commission's cur-
rently adopted "Emission Control Reg-
ulations for Particulates, Smokes, and
Sulfur Oxides for the State of
Colorado."
(c) Gases: Detailed plans for the elimina-
tion of fumes or gases may be required
before the issuance of a building
permit. Sulfur oxide emissions shall be
governed by the above-stated "Emis-
sion Control Regulations for Particu-
lates, Smokes, and Sulfur Oxides for
the State of Colorado."
(9) Hazard. Any research operation shall be
carried on with reasonable precautions
against fire and explosion hazards.
Supp. No, 5
1742
ZONING:IND DEVELOPMENT
3 26.2;
(10) Radiation control. Radiation and the utili-
(b) Conditional and Special Uses: The min-
zation of radioactive materials shall be reg-
imum width of side yard shall be
ulated so as to conform with Colorado De-
twenty-Five (25) feet except as follows:
partment of Health's currently adopted
"Rules and Regulations Pertaining to Ra-
1. Thirty (30) feet where adjacent to
diation Control."
a dedicated public street.
2. Seventy-five (75) feet where a side
(11) Electrical radiation. Any electrical radia-
yard abuts property zoned Residen-
tion shall not adversely affect at any point
tial, or where zoned Agricultural
anv operations or any equipment other than
and there is a residential struc-
those of the creator of the radiation. Avoid-
ture within twenty-five (25) feet of
ante of adverse effects from electrical radi-
the industrial property. There shall
anion by appropriate single or mutual sched.
be a sLe-foot-high solid decorative
uling of operations is permitted.
wall or fence and ten i10) feet of
landscaping adjacent to the prop.
(Ii) Deuelooment and Use Regulations.
erty line.
3. %V~ere a side yard abuts a railroad
1) tlmrimum height. Fifty (50) feet.
right-of-way, no side yard setback
shall be required.
e2) Minimum lot area. No limitation, provided
that all other requirements can be met.
(7) Rear yard setback:
(3) .lfazimum lot couerage. Ninety (90) percent
(a) Principal Permitted and Accessory
'
.
(See section 26.5 for definition
)
Uses: Ten (10) feet for a one-story
.
building and an additional five (5) feet
(4) dfiainuun lot width. No limitations, pro-
per
each
additional story thereafter, ex-
vided that all other requirements can be
follows:
cept as
met.
1. Any rear yard which abuts a public
street shall have a minimum set.
(5) Front Yard setback. Fifty (50) feet minimum.
back of fifteen (15) feet for all struc-
tures.
(6) Side yard setback:
2. Any rear yard which abuts a public
(a) Principal Permitted and Accessory
alley shall have a minimum set-
Uses: Five (5) feet per story minimum,
back for all structures of live (5)
except as follows:
feet from the edge of the alley.
3. Where a rear yard abuts property
1. Zero setback where structures are
zoned Residential, or where zoned
constructed of masonry or nonflam.
Agricultural and there is a resi-
mable material and in accordance
dential structure within fifteen (15)
with the Uniform Building Code.
feet of the commercial property, a
2. Thirty (30) feet where adjacent to
five-foot-per-story landscaped
a dedicated public street.
buffer and a sir-foot-high solid dec-
3. Where a side yard abuts property
orative wall or fence shall be re-
zoned residential, or where zoned
quired adjacent to the property
Agricultural and there is a resi-
line.
dential structure within fifteen (15)
feet of the commercial property, a
(b) Conditional and Special Uses: The min-
five-Coat-per-story landscape buffer
imum depth of a rear yard shall be
and a six-foot-high solid decora-
twenty (20) feet except as follows:
tive wall or fence shall be required
1. Thirty 130) feet where adjacent to
adjacent to the property line.
a dedicated public street.
Supp. No.5
1743
§ 26-24 WHEAT RIDGE CITY CODE
2. Seventy-five (75) feet where a side
yard abuts property zoned Residen-
tial, or where zoned Agricultural
and there is a residential struc.
ture within twenty-five (25) feet of
the industrial property. 'T'here shall
be a six-foot-high solid decorative
wall or fence and ten (10) feet of
landscaping adjacent to the prop-
erty line.
3. Where a rear yard abuts a rail.
road right-of-way, no rear yard set-
back shall be required.
(8) Parking requirements. See section 26-31.
(9) Landscape requirements. See section 26-32.
(10) Fencing requirements. See section 26-30(I).
(11) Sign requirements. See the Code of Laws,
Chapter 26, Article 1V.
(Ord. No. 1989-801, § 6, 7-24.89; Ord. No. 1990-
827, § 1, 4.9-90)
Supp. No. 5
1744
CIT? O? RIDGE, COLOR?,DO
INTRODUCED By COUNCIL '«GER
Council Bill No. 46
Ordinance No. 1052
Series of 1996
TITLE: AN ORDINANCE -REQUIRING SPECIAL USE PERMITS FOR
MORTUARIES
S~rH ER3AS, the City Council wishes CO reauire that new
develooment o= mortuaries in C.^. C-1, C-2 and T_ Districts first
receive a special use permit oursuant to Section 26-6(3) of -the
Code of Laws.
33 ORDAINED 3Y -..J c ^v COu~~ _ ~ OF THE CITY of S'r.H AT R1DC3,
COLOR-2700, AS : OLLO iS :
Section 1. Subsectionn. 26-22(3) (20) of the :dheaC Ridge Coda of
Laws is he Trebv deleted.
Section 2 Subsection 21n-22(E) of the Wheat Ridge Code of
Laws is amended by renu.abering existing subparagraph 26-22(E) (S) as
26-22(3)(9) and inserting a new suboaragraph 26-22(E)(8), to read:
(5) Mortuaries.
Section 3. Subsection. 26-23(3) of t.^.e Wheat Rid=e Code of
Laws is amended by inserting a new subparagraph 26-23(5)(5), to
read:
(5) Mortuaries.
Section 4. Subsection 26-24(E) of the Wheat Ridge Code of
Laws is amended by renumberlnc existing subparagraph 26-24(E)(30)
as 26-24(E)(31) and inserting a new subparagraph 26-24(3)(30), to
read:
(30) Mortuaries.
Section 5. Existing Facilities. Mortuaries in existence on
the effective date of this Ordinance shall not be affected ther-ebv
and shall not be required to obtain a special use p-2-mit under
Section 26-6(a) of the Cod of Laws.
Section 6. Safety Claus The City Council hereby ties,
determines, and declares Chat this Ordinance is oromulcated under
the general police Dower 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 orot°_ctlon of public convenience anal welfare.
The City Council further determines that the Ordinance bears a
CcDiiJ:7tln:iJ3.l
ion a_ ___3_ _l7._ r0 l.. i._. ~Dr7Z)__ _ _O__..1 do~_L. sJ'_z_._ to
_ _nea.
Section 7. Severabili"V. 1t anV Clause, se-_tence, oaragr_-n
Or Dar= of Lhis Ord'_=ce or A_Dn:1Ca~:On :...__eo= LO any De rs J::vO_
C_4rCu is Lances shall for any reason. be judged. by court of
Comoezent jurisdiction invalid, such judgment shall not. at=ec
imoair or invalidate the rewind=_r of this Ordinance or its
aoollcacicn to other persons or circumstances.
Section 8. Effective Date. This Ordinance shall cake effect
immediately after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
7 to 0 on this 23rd day of Seocember 1995, ordered
published in Lull in a newsoaner o general Circulation 2n the C'cv
of Wneat Ridge and Public 'nearing and Consideration 0::n. final
passag°_ set for October 14 _1995, at 7:00 o'clock o.m., in the
Council Chambers, 7500 West 29th Avenue, Wn=_at Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final
reading by a vote of 8 to 0 this 14th day Of October
1990.
S=GN3D by the favor on this 15cb day of
October
19 90.
DAN Gi_LD°. %_AYOR
1': TEST. I~
".Z.'UIDA S SG, CIT'_ 6E:z_j{
A?PROVED AS TO cOR%j BY CITY
ATTO, !.~j Y)
1st Publicacion: October 4, 1990
2nd Publicacion: October 18, 1990
,;heat Ridge Transcript
EffeCtive Date`. October 19, 1990
G 2&" E. DP L, CITY
G?0'.331r" il_LM 1 -2-
CITY OF W=HEAT RIDGE COLOR..3D0
INTRODUCED BY COUNCIL =BER p=3b~~
Council 3-11 No. 47
Ordinance No. 1053
Series of 199'
TITLE: 1N O. _Ni1NCE REQUIRING SPECIAL USE DERbSITS FOR
CR=:kTORIES
WHEREAS, the City Council wishes to reauire that new
d°_velooment o= creIIlatOries in the C-1 C-2 and I Districts first
receive a soecial use oermit ou--suant t0 Section 25-5(3) Of
Code of Laws.
3E -r ORDAINED BY TH2 CITY COUNCIL OF CITY 0= ::EAT RIDGE,
COLOZLO, AS FOLLOWS:
Section 1 Subsection 25-22(-) of the Wheat Ridge Cod cf
Laws is amended by amending subparagraph 25-22(E)(9) CO read:
(S) Mortuaries ~%-D CREMATO..iIES.
Section Z Subsection 25-23(E) o= C.^.e Wheat Ridge Code of
Laws is amended. by amending subparagraph 29-23(E) (5) to read:
(5) yorCUarieS CRE,LaTORIES.
Section 3. .Subsection 25-24(E) of the W^eai. Ridge Code of
Haws is a:~^ by a-enaing subparagrap, 25-2-(E)(30) to read:
(30) Mortuaries A~%7 CREMATORIES.
Section 4. Existing Facilities. Crematories in e:.istence on
C`:e effectiv date of this Ordinance shall not be affected therebv
and shall not be reciulred to obtain a special use oermit under
Section 206-5(3) of the Code Of Laws.
Section 5. Safetv 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, saf°_tv, and welfare of the public and
that t:^.is Ordinanc is necessarv for the oreservation of .^.ealth and
safety and for the orotection Of oublic convenience and welfare.
The City Council further determines that the Ordinance bears a
rational relation to the proper 'egislative objet:. sought to be
attained.
Section 5. Severability. _f anv clause, sentence, Daragrach,
or oars of this Ordinance Or Aoplication C: ereOf to any person or
czrcumscances shall for any reason be ]Udg?C'_ by a court cc
GZ0 i30_7i[,iM3.1
or .nva__da_e'7 _ 2- o 0_`_nan.e Or _
_..3__...- _o ct..e_ -sons or c__..um.sta-ces.
Sect; on 7. -'2ctlve Date. This 0-.._n_nce aGca.:e _2ct
INTRODUCED, READ, AND ADOPTED on first -reading by a voce of
tO 0 on -n-'s 23rd day of Seocember 1996, ordered
0uD1 4 SneV i n _iy11 in d news Daoer of general ci rCu'Sat-10^ the Ci cV
O- W----c Ridge a-d Public 'T2ang and COnsideracicn OP. Li-al
Oassage set 'or Occober 14 1996, aC 7:00 o'CIOC:< p.- in
C^;°
Council Cha!°:bers, 7500 West 29t. avenue, WCeac Ridge, Colorado.
READ, ADOPTED MND ORDERED PUBLISEED O.n. second and ^.aI
reading by a vote Of S co 0 Chis 14cn day of Occooer
1:96.
SIGHED by the M- vor on ch-s
AT :'EST:
j~
1st Publication: October
2nd Publication: October
Wn--=.. Ridge Transcript
_[_eccive Date: October
4, L996
is, 1996
L9, L996
15th day o= Occobar
19 96•
DAN WILDS, ILa`!OR
.APPROVED AS TO FOR.-1 BY CITY
ATTO
ZONING AND DEVELOPMENT § 26.2
after erected, converted or structurally altered un-
less otherwise provided herein except for one (1)
or more of the following uses:
Sec. 26-23. Commercial-Two District (C-2).
(A) Intent and Purpose: This district is estab-
lished to provide for aeeas with a wide range of
commercial land uses which include office, gen-
eral business, more intensive retail sales, whole-
sale businesses, and light manufacturing. This dis.
trict generally depends on the entire region for
Lhe market area.
(Q) Permitted Principal Uses: No building or
land shall be used and no building shall be here-
(1) All uses permitted in the Comme-
District as "permitted principal uses."
(2) Amusement parks.
(3) Animal veterinary hospitals and clinics.
(4) Auction houses.
(S) Auto service and maintenance shops, in.
cluding tire sales and recapping, muffler
shops, auto and light-duty truck fueling sta-
Lions, detail shops, tune-up si:,: s, c".,
washes, upholstery shops, radiator repair
shops, lubrication service, sound system
shops, major mechanical repair [shops], body
work, and painting, but excluding any such
use primarily for service, repair or mainte.
nance to truck-tractors or semitrailers, sub-
ject to outside storage provisions set forth
in subsection (C)(3) hereof.
(6) A building contractor's service shop and
storage yard incidental to an office/show-
room principal use. This would include car-
penters, painters, roofers, electricians,
plumbers, heating and air conditioning con-
tractors, and similar uses which do not use
heavy equipment in the business, but, how-
ever, do have vehicles, tools, machinery and
supplies used in the business stored upon
the premises, either inside or outside, and
where some custom work may occur upon
the premises. All outside storage areas shall
be screened from view from adjacent prop-
erties and streets by a six-foot opaque wall
or fence. Stacking of materials and sup-
plies shall not exceed the height of the fence.
Additionally, for uses which involve custom
work and/or fabrication upon the premises,
no single machine shall exceed five (S)
horsepower and provided that no excessive
noise, vibration, dust, emission of heat,
glare, radiation, smoke or fumes are pro-
duced to the extent that it is dangerous,
hazardous or a nuisance to the reasonable
enjoyment of use of adjacent properties.
(7) Cold storage plant
Supp. No. 15 1733
§ 26.23
WHE_4T RIDGE CITY CODE
(8) Construction equipment and heavy equip-
ment sales, service, rental and storage,sub-
ject to outside storage and display provi-
sions set forth in subsection (C)(3) hereof.
(9) Creamery and milk distribution stations.
_(10) Dying and cleaning shops.
(11) Farm equipment sales, service and storage,
subject to outside storage and display pro-
visions set forth in subsection (C)(3) hereof.
(12) Government or quasi-governmental build-
ings and offices, fire stations, or public
utility buildings, where outside storage or
repair facilities are planned subject to out-
side storage provisions set forth in subsec-
tion (C)(3) hereof.
(13) Homes for the aged, nursing homes and con-
gregate care homes.
(14) Ice plants and delivery stations.
(15) Manufacturing and/or light industrial op-
erations, where operation of any one (1) ma-
chine does not exceed five (5) horsepower,
excluding any industrial operation listed in
any other section of this chapter, subject to
outside storage provisions set forth in sub-
section (C)(3) hereof.
(16) Mobile or modular homes or building sales.
(17) Shops for custom work or for making arti-
cles, materials or commodities to be sold at
retail on the premises, and where no single
machine exceeds five (5) horsepower; and
provided, that no excessive noise, vibra-
tion, dust, emission of heat, glare, radia-
tion, smoke or fumes are produced to the
extent that it is dangerous, hazardous or a
nuisance to the reasonable enjoyment or use
of adjacent properties, subject to outside
storage provisions set forth in subsection
(C)(3) hereof.
(18) Theatres (including drive-ins).
(19) Mini-warehouses for inside storage.
(20) Wholesale businesses.
(21) Woodworking or carpentry shops for the
making of articles for sale upon the prem-
ises, such as cabinets or custom furniture;
provided, however, that no excessive noise,
vibration, dust, emission of heat, glare, ra-
diation, smoke or fumes are produced to the
extent that it is dangerous, hazardous, or a
nuisance to the reasonable enjoyment or use
of adjacent properties.
(22) Any similar use which, in the opinion of
the zoning administrator, or upon appeal of
his decision, of the board of adjustment,
would be compatible in character and im-
pact with other uses in the district, would
be consistent with the intent of this dis-
trict, and which would not be objectionable
to nearby property by reason of odor, dust,
fumes, gas, noise, radiation, heat, glare, vi-
bration, traffic generation, parking needs,
outdoor storage or use, or is not hazardous
to the health and safety of surrounding
areas through danger of fire or explosion.
(C) Permitted Accessory Uses and Accessory
Buildings:
(1) Electric transmission or other public utility
lines and poles, irrigation channels, storm
drainage facilities, and water supply facil-
ities, and other similar facilities.
(2) Residential uses in commercial zones shall
be allowed under the following conditions:
(a) Residential use shall be located only
on a floor other than the ground floor,
or if located on the ground floor, re-
stricted to the rear half of the building.
(b) Residential dwelling density shall not
exceed one (1) dwelling unit for each
five thousand (5,000) square feet of lot
area.
(c) Residential dwelling units shall be no
less than five hundred (500) square feet
each.
(d) Parking shall be supplied at the rate of
one (1) space per three hundred (300)
square feet of floor area.
(e) Where it is intended to convert an ex-
isting residential structure, either par-
tially or wholly, to a commercial use,
then commercial development stan.
dards shall be applied for parking, land-
scaping and residential buffering. Any
Supp.No.15 1734
ZONING AND DEVELOPMENT
changes to building floor area shall
fully comply with all commercial de-
velopment standards.
(f) No new residences as a primary or prin-
cipal use shall be allowed.
(3) Outside display or storage subject to the
following:
(a) Merchandise, material or stock for sale
or rent may be displayed or stored
within ten (10) feet of the front of build-
ings without being screened, except
that required parking spaces or fire
lanes shall not be used for such outside
display or storage.
(b) Merchandise, material or stock may be
stored or displayed behind the front of
buildings within side or rear yards only
where completely screened from adja-
cent properties and streets by a six-foot-
high opaque wall or fence. Merchan-
dise, material and stock shall not be
stacked to a height greater than the
height of the screening fence.
(c) The above shall not apply to operable
automobile or light-duty truck rental
and sales lots, planted or potted nursery
stock, plant and produce sales, boat and
camper sales lots, or mobile home and
structure sales lots, except that re-
quired parking spaces and fire lanes
shall not be used for storage or display.
(4) Storage buildings, sheds, garages, work-
shops and other similar structures when ac-
cessory to the primary use.
(5)' Temporary Christmas tree, produce and
bedding plant sales lots are permitted on
undeveloped parcels or upon developed par-
cels, subject to the following requirements:
(a) Temporary sales lots shall be permitted
for no more than ninety (90) days.
(b) If located upon a parcel which is occu-
pied by a primary use, the temporary
sales area shall not occupy required
parking spaces or fire lanes and shall
not be located within the required sight
distance triangle of the intersection of
two (2) streets.
§ 26.2 i
(c) If located upon an undeveloped parcel,
adequate off-street parking area for the
use must be provided.
(d) Temporary fences, signs, structures and
other improvements associated with
the use shall meet all zoning and
building code requirements.
(e) No such temporary sales lot shall oc-
cupy a parcel without first having re-
ceived an administrative temporary use
permit, business license, sales tax li-
censes, and building permit(s) as may
be required by the City of Wheat Ridge.
(6) Parking of more than three (3) commercial
truck-tractors and/or semitrailers on any
parcel or lot, where such vehicles are not
related to the transportation needs of the
business conducted thereon, shall require
approval of a special use permit. In order to
evaluate the proposal, the applicant shat
submit a site plan which adequately illus-
trates location and size of all parking spaces
and drive isles and direction of traffic flow,
and which shows the proposed parking rel-
ative to existing structures on and adjacent
to the site, to adjacent streets, and which
shows point of ingress/egress to the site.
The intent of this provision is to limit those
areas in which truck-tractors and/or semi.
trailers used in commercial ventures may
be parked, and is not intended to apply to
any noncommercial use of such truck-
tractors and/or semitrailers. Parking lot de-
sign shall meet the standards for truck-
tractors and semitrailers as specified in
section 26.31, Off-Street Parking Require-
ments.
(9) Temporary outside storage utilizing semi-
trailers, other trailers, shipping containers
or other nonstructural enclosures for which
a building permit is not required shall only
be allowed as a temporary use approved pur.
suant to section 26-6(D)). Any temporary
use permits granted by the board of adjust-
ment for such outside storage methods shall
require a six-Coot-high view,-obscuring
screen or fence around the trailers or con.
tainers so as to minimize visual impacts to
surrounding properties and streets. Any ex-
Supp. No. 15 1735
§ 26-23
WHEAT RIDGE CITY CODE
isting outside storage trailers or containers
apply to any noncommercial use of such
shall be removed or otherwise come into
truck-tractors and/or semitrailers.
_ conformance with these provisions by July
Parking lot design shall meet the stan-
1, 1996.
dards for truck-tractors and semi-
(D) Conditional Uses: The following uses shall
as specified in section 26-31,
trailers
be permitted only upon approval of the Wheat
Off Street Parking Requirements.
Ridge Planning Commission and city council, fol-
In addition, the applicant shall submit
lowing procedures as set forth in section 26-6(A):
a report which addresses the following:
(1) Electric transmission substation.
1. Traffic impact to adjacent and sur-
(E) Special Uses: The following uses shall be
rounding street systems;
permitted only upon approval of the Wheat Ridge
2. Noise generated on the subject site
Planning Commission and city council, following
and proposed methods of miti-
procedures as set forth in section 26-6(B):
gating its off-site effects;
. Air pollution caused by the new
3
(1) Itinerant sales of any item permitted in this
development and the relationship
district upon a parcel which is vacant or
'
with ambient air pollution in the
occupied b
occup y a permanent principal per-
surrounding area. Proposed
mitted use; provided, however, that such
methods of controlling or reducing
itinerant sales do not occupy required
pollution that are part the
parking space or fire lanes, do not occupy
de
be de-
development concept shall be
the sight distance triangle required at the
scribed; and
intersection of two (2) streets if on a corner
4. Compatibility with adjacent land
property, are setback at least ten (10) feet
uses, and proposed methods of as-
from all property lines and do not exceed
surfing compatibility, such as
thirty (30) days'occupancy of the same prop-
screening, landscaping, setback of
erty. In addition, only one (1) itinerant mer-
orientation.
chant may occupy a premises at any time.
A temporary use permit shall not be issued
(b) When used in subsection (2)(a) above,
by the board of adjustment.
the following words shall have the fol-
(2) (a) Parking of more than three (3) commer-
lowing meanings:
cial truck-tractors and/or semitrailers
1. "Truck tractor" means any motor
on any parcel or lot, where such vehi-
vehicle which is generally and com-
cles are not related to the transporta-
monly designed and used to draw
tion needs of the business conducted
a semitrailer and its cargo load
thereon, shall require approval of a spe-
over the public highways.
cial. use permit. In order to evaluate
2. "Semitrailer" means any wheeled
the proposal, the applicant shall submit
vehicle, without motive power,
a site plan which adequately illustrates
which is designed to be used in con-
location and size of all parking spaces
junction with a truck-tractor so
and drive isles and direction of traffic
that some part of its own weight
flow, and which shows the proposed
and that of its cargo load rests upon
parking relative to existing structures
or is carried by such truck-tractor
on and adjacent to the site, to adjacent
and which is generally and com-
streets, and which shows point of in-
monly used to carry and transport
gress/egress to the site. The intent of
property over the public highways.
this provision is to limit those areas in
3. Any of said vehicles shall be con-
which truck-tractors and/or semi-
sidered commercial when utilized
trailers used in commercial ventures
with or as a part of a commercial
may be parked and is not intended to
venture.
Supp. No. 15 1736
20NING A,ND DEVELOPMENT
..(c) Any property.upon which a special use
permit is granted pursuant to subpart
(E)(2) hereof shall be conspicuously
posted to indicate the authorization for
the parking of commercial truck-
tractors and/or semitrailers thereon. It
shall be a violation of this Code of Laws
for any commercial truck-tractor and/or
semitrailer to be parked or stored upon
property not so posted. Any commer-
cial truck-tractor and/or semitrailer
parked in violation of the provisions
hereof shall be subject to the provi-
sions or section 13-2 of this Code of
Laws.
(3) Any other use not specifically listed in this
district may be permitted as a special use
where the planning commission and city
council find, in addition to the standard re-
view criteria for all special uses as set forth
in section 26-6(B), that a specific site is
uniquely appropriate for the use proposed.
(4) Pawn shops.
(F) Development and Use Regulations:
(1) Maximum height. Fifty (50) feet.
(2) Minimum lot area. No limitation, provided
that all other requirements can be met.
(3) Maximum lot coverage. Ninety (90) percent,
with a minimum of ten (10) percent of the
lot being landscaped.
(4) Minimum lot width. No limitations, pro-
vided that all other requirements can be
met.
(5) Front yard setback. Fifty (50) feet minimum,
except as follows:
(a) Thirty (30) feet for structures on lots or
portions of lots which abut a cul-de-sac
bulb.
(b) Thirty (30) feet where the height of the
building does not exceed thirty-five (35)
feet, and where the front setback area
is completely landscaped, exclusive of
ingress/egress drives on either side of a
structure.
(c) Structures on lots which abut Sheridan
Boulevard, Wadsworth Boulevard, M-
3 2623
pling Street, Ward Road north of West
44th Avenue, and Youngfield Street
shall be setback a minimum of fifty (50)
feet.
(6) Side yard setback. Based upon the specific
site, adjacent land use and adjacent public
streets, one (1) or more of the following re-
quirements shall apply:
(a) Five (5) feet per story minimum, ex-
cept a zero setback may be permitted
where structures are constructed of ma-
sonry or nonflammable material and
in accordance with the Uniform
Building Code.
(b) In all cases, thirty (30) feet where ad•
jacent to a dedicated public street.
(c) In addition to building setback as re-
quired by subsection (a) above, where a
side yard abuts property zoned residen•
tial, or where zoned Agricultural and
there is a residential structure within
fifteen (15) feet of the commercial prop-
erty, a five-toot-per-story landscaped
buffer, plus a six-foot-high solid deco-
rative wall or fence, shall be required
between the building and the property
line.
(7) Rear yard setback. Based upon specific site,
adjacent land use and adjacent public
streets, one (1) or more of the following shall
apply:
(a) Ten (10) feet for a one-story building
and an additional five (5) feet per each
additional story thereafter.
(b) In all cases, any rear yard which abuts
a public street shall have a minimum
setback of fifteen (15) feet for all struc-
tures.
(c) In all cases, any rear yard which abuts
a public alley shall have a minimum
setback for all structures of Five (5) feet
from the edge of the alley.
(d) In addition to building setback as re-
quired by subsection (a) above, where a
rearyard abuts property zoned residen-
tial, or where zoned Agricultural and
there is a residential structure within
fifteen (15) feet of the commercial prop-
Supp. No. 15 1737
§ 26-23 WHEAT RIDGE CITY CODE
erty, a -live-foot-per-story landscaped
buffer, plus a sic-foot-high solid deco-
rative wall or fence, shall be required
between the building and the property
line.
(8) Parking requirements. See section 26-31.
(9) Landscape requirements. See section 26-32.
(10) Fencing requirements. See section 26-30(I).
(11) Sign requirements. See Wheat Ridge Code
of Laws, Chapter 26, Article rV.
(Ord. No. 1989.801, § 4, 7-24-89; Ord. No. 1990-
527, § 1, 4-9.90; Ord. No. 1993.945, § 2, 12.13-93;
Ord. No. 1994-978, § 2, 10-10-94; Ord. No. 1994-
9S1, § 1, 11-14-94; Ord. No. 1995-993, § 2, 3-27-95)
Sec. 26-24. Light Industrial District (I).
(A) Intent and Purpose. The intent of this dis-
trict is to permit the use of previous Industrial
(I)-zoned property for commercial and light indus-
trial uses. Rezoning to Industrial (I) Zone District
classification shall not be permitted; however, ex-
isting Industrial (I)-zoned property may be devel-
oped and used in accordance with provisions set
forth herein.
(B) Permitted Principal Uses: No building or
land shall be used and no building shall be here-
after erected, converted or structurally altered un-
less otherwise provided herein except for one (1)
or more of the following uses:
(1) Any use permitted in the Commercial-One
District (C-1) or-Commercial-Two District
(C-2) as a permitted principal use.
(C) Permitted Accessory Uses and Accessory
Buildings:
(1) Electric transmission or other public utility
lines and poles, irrigation channels, storm
drainage facilities, and water supply facil-
ities, and other similar facilities.
(2) One (1) residential living unit within a com-
mercial building.
(3) Outside display or storage subject to the
following:
(a) Merchandise, material or stock for sale
or rent may be displayed or stored
(b)
(c)
within ten (10) feet of the front of build-
ings without being screened, except
that required parking spaces or fire
lanes shall not be used for such outside
display or storage.
Merchandise, material or stock may be
stored or displayed behind the front of
buildings within side or rear yards only
where completely screened from adja-
cent properties and streets by a six-foot-
high opaque wall or fence. Merchan-
dise, material and stock shall not be
stacked to a height greater than the
height of the screening fence.
The above shall not apply to operable
automobile or light-duty truck rental
and sales lots, planted or potted nursery
stock, plant and produce sales, boat and
camper sales lots, or mobile home and
structure sales lots, except that re-
quired parking spaces and fire lanes
shall not be used for storage or display.
(4) Storage buildings, sheds, garages, work-
shops and other similar structures when ac-
cessory to the primary use.
(5) Temporary Christmas tree, produce and
bedding plant sales lots are permitted on
undeveloped parcels or upon developed par-
cels, subject to the following requirements:
(a) Temporary sales lots shall be permitted
for no more than ninety (90) days.
(b) If located upon a parcel which is occu-
pied by a primary use, the temporary
sales area shall not occupy required
parking spaces or f- a lanes and shall
not be located within the required sight
distance triangle of the intersection of
two (2) streets.
(c) If located upon an undeveloped parcel,
adequate off-street parking area for the
use must be provided.
(d) Temporary fences, signs, structures and
other improvements associated with
the use shall meet all zoning and
building code requirements.
(e) No such temporary sales lot shall oc-
cupy a parcel without first having re-
ceived an administrative temporary use
Supp. No. 15 1738
ZONING .IND DEVELOPN ENT
permit, business license, sales tai li-
censes, and building permit(s) as may
be required by the City of Wheat Ridge.
(D) Conditional Uses: The following uses shall
be permitted only upon approval of the Wheat
Ridge Planning Commission, following procedures
as set forth in section 26-6(A):
(1) Electric transmission substation.
(E) Special Uses: The following uses shall be
permitted only upon approval of the Wheat Ridge
Planning Commission and city council, following
procedures as set forth in section 26-6(B); all spe-
cial uses shall be subject to the performance stan-
dards as set forth in subsection (G) hereof:
(1) Itinerant sales of any item permitted in this
district upon a parcel which is vacant or
occupied by a permanent principal per-
mitted use; provided, however, that such
itinerant sales do not occupy required
parking space or fire lanes, do not occupy
the sight distance triangle required at the
intersection of two (2) streets if on a corner
property, are set back at least ten (10) feet
from all property lines, and do not exceed
thirty (30) days' occupancy of the same pro-
§ 26-24
Supp. No. 15 1738.1
C=T 07 '.WHEAT RIDGE, COLOR-?-DO
IVTRODUCED BY C=-C=L ==R
Council 3'_11 No. -6
Ordi-^-ance No. 1052
Series of 1996
TITLE: AF ORDSVA?iCE REQuSR_NG S?EC_US= ?E 2uT_TS FOR
MOR u1_R:ES
W:ER=AS, the City Council wishes to require thaC new
develoomenc of: mortuaries in C-1 C-2 and _ Districts first
-receive a soecial use oermi[ nursuant CO Section. 26-6(3) of Che
Code of Laws
33 rT OROA._LNED 3Y C COU. C1L 0? T =7 C7-,v OF i-3?.T ~_TDG3,
COLOR.~DO, AS FOLLOriS:
Section 1. Subsection 26-22(3) (20) of Cne LJheat Ridge Code of
Laws is herebv deleted.
Section 2. Subsection 27-22(=) of Che :cheat Ridge Code o
Laws is amended Dv renumJering existing subparagraph 26-22 (`)(S) as
26-22(E) (9) and inserting a new subparagraph 26-22(3)(0), co read:
(s) Mortuaries.
Section 3. Subsection 2S-23(E) of C.n.e Fih-c. Rid=e Code of
r:aws is amended b'% inserting a new suboaragraoh 26-23(E)(5), to
read:
(5) Mortuar
Section ? Subsection 25-24(E) Of the Wheat Ridge Code Of
Laws is amended by renumbering existing subparagraph 25-24(=)(30)
as 26-24(--)(31) and inserting a new subparagraph 26-24(3)(30), to
read:
(30) Mortuaries.
Section 5. Existing Facilities. Mortuaries in e:cistence on
the effective date of this Ordi.-ante shall not be affected thereby
and shall ROC be -required CO Obtain a special use permit un;
Section 26-6(B) of t.^.e Code of Laws.
Section 6. Safety Clause. The City Council hereby finds,
determines, and declares chat: this Ordinance is promulgated under
C.^.°_ general police mower of the City of wneaL Ridge, that it is
promulgated for the health, safety, and welfare of the public and
that c:, -,s ordinance is necessarv =or the orese -Vat10n of health and
sweet,/ and for the pr0:°_cCion of public -convenience an welfare.
The City Council further determines that the Ordinance bears a
GED i1Y: %t l:i<i~Y.l
__~_o .a1 _Olation CO OrOO__ _e__S lat-'+a on,]ect SO'_Cnt tO
attai _80.
S ecC ion 7. S2veraaility. anV Clau3e, S?-:=?i!C~, J3= a^.::,
of LI.I's
or Lnereo- to -
S.-a-- for alv __asOn be iu g-°O Ov a court of
co^.netent Ju_isc icr; on. inV•aI i.c, such ]ud nn gh211 not
i ^oai_ or --'validate the _ =finder o . thiS Ordi,a-ze
Or _t3
application. CO other oersons or circ,
stances.
S e C t10II 8. v2Lectiye Date. This Ordinance snail take effect
^II
*ediately after?inal publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
7 to 0 on this 23rd d_v of September 199;, ordered
oublish°d in full 'n a neWsoaoer OC general circulation in the City
O-y Wheat Ridge and Public HO3ring and consideration on _i-.al
oassage set for October 14 190', at 7:00 o'clock o.-. ,
. in the
council Cha:::bers, 7790 West 29th Avenue, :V.neat Ridge, Colorado.
READ, ADOPTED tlND ORDERED PUBLISHED on second and final
reading by a vote of S to 0 this 14th day o October
'9°S. -
SIGNED by the Mayor on this 15th day of October 1995,
-AYOR
aTT6S?:
,
:d~N-Da S.-%N, C_TTt
a?PROVED AS TO FO=%' By C7TY
i
E. DA.iL,
1st Publication: October 4, 1996
2nd Publication: October' 18. 1996
Wheat Ridge Transcript
~[LeCtive Date: October 19, 1996
OF .ry SEAT RIDGE COLOR..?DO
INTRODUCED 3Y COU_NCI_. Y=(-3--R n_;'>
Council 3-411 No. 47
.Ordinance No. 1033
Series of 1996
TITLE: AN 0?J_DT1*ICS Z°QuI2IVG S?SCIAL liSv ?EZfITS =02
CR::~LzTORIES
tae City Council Wishes to r°Qla:e that new
d--velopment o Cre- tories in tae C-1, C-2 and 'i Districts first
receive a spacial use o°_rRit :)ursuant to Section 206-06(3) of the
Code of Laws.
3E IT ORDAINED BY THE CITY COGDICT_L 07 THE CITY OF FT:EAT R7DG3,
COLO~LaD,O, AS FOLLOWS:
Section 1 Subsection 25-22(E) o= the Ridge Code o=
Laws is amended by a~ending subparagraph 2a-22(E) (5) Co read•
(S) Mortuaries AND CREMATORIES.
Section 2 Subsecrion 2J-23(7) 0: C.^.? grin-?3C R'_oC2 Code of
Laws is amended by amending subparagraph 25-23(3)(5) cc read: -
(5) iOrtuaries AND C3E',LaTORIES.
Section 3. - Scbs>_ction 20-2=(E) of tae Wheat Ridge Code of
maws is a^.~^Ced ov amenOi-g su'OOaragraon 25-2-(E)(30) to read:
(30) mortuaries AND, CRELLaTOR7ES.
Section 4. Existing Facilities. Crematories in exis CenCe On
C.^.° 2ffeCtlVe dace of this Ordinance shall ROC be aifecCed Cherebv
and shall not be recu'ired Co obCa'_n d special use pe---miC, under
Section 25-5(3) of Cne Code of Laws.
Section 5. Safety Clause. The City Council hereby finds,
determines, and declares that this Ordinance is promulgated uncle=
the general oolice power of the City of Wheat Ridge that it is
p=o:;ulgated for the .health, safety, and welfare of the public and
that this Ordinance is necessary for the oreservation of health and
safety and for the oroCection Of oubliC convenience a['.d welfare.
Tae City Council further determines that the Ordinance bears a
rational relation t0 the proper legislative object sought to be.
attain=_d.
Section 6. Severabilitv. If anv Clause, sentence, paragraph,
or Oart off tis Ordnance or AoOIiCaCion t:'.ereo_ to any '-Jerson or
circumstances shall for any reason be judged by a court of
GcD UO_'11,5513.1
_ c==- shall ..a___
.mpa cJl __s _ _n 1 5 .1..
_~...c_ Q8_ O _s ..._..:_Ca O_
-JJL'..aCiOn LJ OLne_ Jar50n5 Or ..__cL~.S ta.^.J25.
Section 7. Effective Date. Tn'o 0c_ 5 31_ L?{a aect
a I
V a_ __331 DL'Dl'_ca On.
2VTRODUCSD, AND ADOPTED o =i:sC =2a:_P.g Dv a voce of
7 to 0 Jn Chis 23rd day of Sez)tembe~ 199, ordered
DunllsP.eC -in full np1«sDape- O gene-a circulation ? n Cne C-itv
OF Wheat ~_cge and ?L'blic ear=nC and COi151C°=ati0^ on
~_^al
Oassage sat L0. October L4 !990', aC 7:00 O'CIoC{ D.'., in, Life
Council Chambers, 7500 W--sr 29Lh avenue, WneaL Ridge, Colorado.
C=AD, ADOPTED -0M ORDERED PUBLIS LSD on.. second and Final
_eadirg by a vote o S Co 0 Lhis Loth day of October
1°9G.
S_GBCD by the ::3vor on C.^._s L5ch day of October
A a
1st Publication: October
2r.d Publication: October
W:-r Ridge Transcript
_FFeetive Dace: October
4, 1996
13, 1996
L9, 1996
D?V WILDS, LLaYO.R
19 96.
a??ROVED AS TO :O?~X. BY CITY
AT TO ✓ ~
GSC.4LD S. D;a^:L, Cam. _ 1 2~'aY
ceos;sr.1c53u.1 .
§ 26-6
WHEAT RIDGE CITY CODE
Sec. 26-6. Legislative and administrative pro-
ficient detail to convey the full intent
cess and procedures.
of the applicant in developing, oper-
ating and maintaining the conditional
This section sets forth the procedural and sub-
use. The site plan shall meet the re-
requirements which apply to the various
quirements of a TYPE I SITE PLAN as
administrative and legislative processes estab-
administrative
forth in subsection (E)(1).
set
b
lished by this code, and as may be required by
a complete application
(e) Upon receipt
other city ordinances and/or state law, where ap
packet, as described above, the plan-
plicable.
ning and development department
---;P'(A) Conditional Uses: Conditional uses are per-
shall proceed as follows:
matte uses w is are subject to review to ensure
that they are properly designed, developed, oper-
public agencies for review and com-
ated and maintained so as to be appropriate for
specific locations within a zone district wherein
ment.
Within thirty (30) days of accep-
2
the conditional use is specifically enumerated. The
.
tance of a completed application
primary issues which the planning commission
give notice of a scheduled
packet
shall address are those special design consider-
,
public hearing on the application
ations which mitigate potential detrimental im-
pacts of a conditional use on surrounding land
by newspaper publication, letter
uses, the street systems, or public services or fa-
notification and posting in the
cilities. In order to achieve compatibility, the plan-
manner as provided in subsection
ning commission, and city council upon appeal,
shall have the right to approve, approve with mod-
(17)(1).
3. Prepare a written report and rec-
ifications, or deny a conditional use request.
ommendations to the planning
(1) Applicability. The requirements of this sub-
"
commission, which evaluates the
proposal and makes findings using
Con-
section shall apply to all uses listed as
the review criteria established in
ditional Uses" within any particular zone
the following subsection (A)(3).
district.
(3) Criteria for review. Before a conditional use
(2) Application form and review procedures:
is approved, the applicant shall show, and
(a) Prior to submitting any application for
the planning commission shall find, the pro-
a.conditional use permit, the applicant
posed conditional use:
shall be required to hold a neighbor-
(a) Will not have a detrimental effect upon
hood input meeting (see subsection
the general health, welfare, safety and
.
(F)(1) for requirements).
(b) Conditional use applications may be
convenience of persons residing or
originated only by the fee owners of
working in the neighborhood of the pro-
the property or by his attorney or le-'
posed use.
(b) Will not adversely affect the adequate
Bally designated agent by power-of-
light and air, nor cause significant air,
attorney.
(c) Application shall be submitted on forms
water or noise pollution.
provided by the department of plan-
(c) . Is consistent with the comprehensive
ning and development, and shall be ac-
plan.
companied by a copy of the property
(d) Will not result in undue traffic conges-
deed, a certified boundary or improve-
tion or traffic hazards, or unsafe
ment survey, and a fee of one hundred
parking, loading, service or internal
dollars ($100.00).
traffic conflicts to the detriment of per.
(d) All applications shall also be accompa-
sons whether on or off the site.
nied by a site development plan and
(e) Will be appropriately designed, in-
additional written information in suf-
eluding setbacks, heights, parking,
Supp. No. 14 1690
ZONTNG AND DEVELOPMENT
bulk, buffering, screening and land-
scaping, so as to be in harmony and
compatible with character of the sur-
rounding areas and neighborhood, es-
pecially with adjacent properties.
(0 Will not overburden the capacities of
the existing streets, utilities, parks,
schools and other public facilities and
services.
(4) Planning commission review. Planning com-
mission shall hear and consider any evi-
dence or statement presented by the appli-
cant, city staff, or by any person in
attendance at the hearing. The planning
commission shall then decide to approve,
approve with conditions, or deny the an
basing its decision upon the facts
presented in the public hearing in consid-
eration of the criteria for review as speci-
fied in subsection (3) above. Planning com-
mission may impose conditions or
stipulations, which may include physical de-
sign as well as operational and mainte-
nance considerations, upon the conditional
use in addition to standard development and
use regulations which apply within a par-
ticular zone district or for a similar "per-
mitted use." Such conditions or stipula-
tions may be imposed in order to ensure
compliance with the criteria for review,
which, if not complied with, shall be
grounds for revocation of the conditional
use.
(5) Appeal. An applicant, or any aggrieved
property owner within six hundred (600)
feet of the subject property, may appeal the
decision of the planning commission to city
council by filing such appeal, along with an
explanation for the appeal, with the Wheat
Ridge City Clerk within ten (10) working
days after the date of the planning commis-
sion hearing. Upon such appeal, a public
hearing shall be scheduled before the city
council, following the same public notice
requirements and procedures set forth for
the planning commission hearing. City
council, in addition to consideration of the
planning commission record, shall hear ad-
ditional evidence and testimony presented,
§ 26-6
and shall decide to sustain, amend or reject
the planning commission decision, with its
decision being based upon all evidence pre-
sented and the planning commission record,
with due consideration of the criteria for
review.
(6) Enforcement. All conditions and stipula-
tions imposed by the planning commission
or city council shall be maintained in per-
petuity with the special use. If at any time
the stipulations or conditions are not ad-
hered to or are found to have been materi-
ally altered in scope, application or design,
the zoning administrator shall notify a code
enforcement officer of the nature of the vi-
olation(s) and the code enforcement officer
shall initiate standard enforcement proceed-
ings.
~-~(B) Special Uses: Special uses are discretionary
uses w 7 are clearly shown to be void or defi-
cient in an area and which, if properly designed,
developed, operated and maintained, may be ap-
proved for any specific location within a zone dis-
trict wherein the special use is enumerated. Spe-
cial uses are highly dependent upon proper design,
management and operational aspects; therefore,
such uses must be considered as a personal grant
of use granted to the owner of the special use and
not as a grant of a vested property right which
transfers with the land or lease. The only time a
special use permit may be transferred to a new
owner without reapplying for approval is through
inheritance by an heir. The primary issues which
the planning commission and city council shall
address are those related to justification of need
and those special design and operational consid-
erations which mitigate potential detrimental im-
pacts of a special use on surrounding land uses,
the street system, or public services or facilities.
In order to protect the public interest, the plan-
ning commission and city council shall have the
right to approve, approve with modifications or
deny a special use request and to revoke previ-
ously approved special use permits pursuant to
subsection (6) hereof.
(1) Applicability. The requirements of this sub-
section shall apply to all uses listed as "spe-
cial uses" within the provisions set forth
for any particular zone district.
Sapp. No. 14 1691
26-6
WHEAT RIDGE CITY CODE
(2) Application form and review procedures:
7. Proposed site development ele-
ments, including general building
(a)
Prior to submitting any application for
landscape/open space
envelopes,
special use permit, the applicant shall
k
g
and
parking
areas,
be required to hold a neighborhood
w
storage or age or
w
ork,
and outside
d ou
meeting (see subsection (F)(1) for
play areas.
requirements).
8. Site data table, including gross and
(b)
Special use applications shall be origi-
net lot area, maximum building
nated only by the prospective owner of
coverage, maximum floor area of
the proposed special use, with written
buildings, landscape/open space
approval of the fee owner of the prop-
area, parking area, maximum
erty in cases where the owner of the
building height, etc.
property is different than the owner of
the proposed special use. Both the spe-
(e) Upon receipt of a complete application
cial use owner and the land owner, or
packet as described above, the plan-
their legal representatives, must be
ning and development department
present at all public hearings.
shall proceed with the following pro-
(c)
Application shall be submitted on forms
cess:
provided by the department of plan-
1. Refer the application to affected
ning and development and shall be ac-
public agencies for review and com-
a copy of the property
companied
by
Went
.
deed, a certified
survey and a fee of one
2. Within thirty days of
hundred dollars ($100.00).
a completed application
cation
Lance
(d)
All applications shall also be accompa-
,
packet, give notice of a scheduled
nied by a site development plan and
public hearing on the application
additional written information in suf-
newspaper publication, letter
Fcient detail to convey the full intent
and posting in the
notification
of the applicant in developing, oper-
manr a
manner as provided in subsection
ating and maintaining the special use.
.
The site development plan shall meet
3. Prepare a written report and
the following minimum requirements:
ommendations to the planning
ing
1. Sheet size: 8.5 x 11 inches min-
commission, which evaluates the
imum.
proposal and makes findings using
2. Scale and north arrow.
the following review criteria set
3. Property boundaries and lot lines
forth in subsection (3) below.
with dimensions.
(3) Criteria for review. Before a special use is
4. Existing and proposed public street
approved, the applicant shall show, and the
rights-of-way, public easements, ir-
planning commission and city council shall
rigation ditches, drainage ways
find, the proposed special uses:
and other easements affecting the
site.
(a) Will meet a proven public need in that
5. Existing and proposed public im•
it will fill a void in necessary services,
provements within and adjacent to
products or facilities especially appro-
the site, including curbs, gutter,
priate at the location proposed, consid-
sidewalk, street pavement,
ering available alternatives.
drainage improvements, street
(b) Will not have a detrimental effect upon
lights, etc.
the general health, welfare, safety and
6. Existing and proposed street ac-
convenience of persons residing or
cess points or curb cuts and dimen-
working in the neighborhood of the pro-
sions thereof.
posed use.
Supp. No. 14 1692
Z0N-ING.'ND DEVELOPMENT
§ 26-6
(c) Will not create or contribute to blight
recommendation for denial shall be consid-
in the neighborhood by virtue of phys-
ered final, unless the applicant files an ap-
ical or operational characteristics of the
peal to city council.
proposed use.
(d) Will not adversely affect the adequate
(5) City council review. City council shall re-
light and air, nor cause significant air,
view and decide upon all requests for spe-
water or noise pollution,
cial uses upon recommendation of the plan-
(e) Is consistent with the comprehensive
ning commission for approval or upon
plan.
appeal by an applicant of a recommenda-
(f) Will not result in undue traffic conges-
tion for denial by the planning commission.
tion or traffic hazards, or unsafe
Special uses may only be approved by pas-
parking, loading, service or internal
sage of an ordinance, following the city's
traffic conflicts to the detriment of per.
standard ordinance adoption procedures.
sons whether on or off the site.
Notice of public hearing shall be in the
(g) Will be appropriately designed, in-
manner provided in subsection 26-6(F)(1).
cluding setbacks, heights, parking,
City council, in addition to consideration of
bulk, buffering, screening and land-
the planning commission record, shall hear
scaping, so as to be in harmony and
additional evidence and testimony pre-
compatible with the character of the
sented, and either pass, pass with modifi-
surrounding areas and neighborhood,
cations, or deny the ordinance, its decision
especially with adjacent properties.
being based upon all evidence presented,
(h) Will not. overburden the capacities of
with due consideration of the criteria for
the existing streets, utilities, parks,
review.
schools and other public facilities and
In the event of a protest against such spe-
services.
cial use permit, signed by the owners of
(4) Planning commission review: The planning
twenty (20) percent or more of the area:
commission shall hear and consider any ev-
a. Of those immediately adjacent to the
idence or statement presented by the appli-
rear or any side of the property, ex-
cant, city staff, or by any person in atten-
tending one hundred (100) feet from the
dance at the hearing. The planning
property; or
commission shall then make a recommen-
b. Of those directly opposite across the
dation to city council to approve, approve
street from the property, extending one
with conditions, or deny the applicati6n,
hundred (100) feet from the street
basing its recommendation upon the facts
frontage of such opposite property.
presented in the public hearing in consid-
eration of the criteria for review as speci-
Such special use permits shall not become
fied in subsection (3) above. Planning com-
effective except by the favorable vote of
mission may recommend conditions or
three-fourths of the entire city council.
stipulations, which may include physical de-
Where land which is adjacent or opposite,
sign as well as operational and mainte-
as defined above, is owned by the city, such
nance considerations, upon the special use
property shall be excluded in computing the
in addition to standard development and
required twenty (20) percent, and owners of
use regulations which apply within a par-
noncity land within the one-hundred-foot
ticular zone district or for a similar "per-
limit, as defined above, shall be considered
mitted use." Such conditions or stipula-
adjacent or opposite despite such inter-
tions may be recommended in order to
vening city land. The written protest to such
ensure compliance with the criteria for re-
special use shall be submitted to the city
view, which, if not complied with, shall be
council no later than the hearing on the
grounds for revocation of the special use. A
proposed special use permit.
Supp. No. 14 1693
3 26-6
WHEAT RIDGE CITY CODE
(6) Enforcement. All conditions and stipula-
tions imposed by city council shall be main-
tained in perpetuity with the special use. If
at any time the stipulations or conditions
are not adhered to or are found to have been
materially altered in scope, application or
design, the zoning administrator shall no-
tify a code enforcement officer of the nature
of the violation(s) and the code enforcement
officer shall investigate and, if appropriate,
initiate revocation proceedings which shall
include the following.
(a) Notice of violation following procedures
as set forth for nuisances pursuant to
Wheat Ridge Code, Chapter 15.
(b) Upon a finding of noncompliance by a
code enforcement officer after the pre-
scribed correction date, the zoning ad-
ministrator shall schedule a revoca-
tion hearing before the city council.
Such revocation hearing date shall be
set by city council after fast reading of
an ordinance therefor. The purpose of
the revocation hearing shall be for the
city council to hear evidence concerning
the nature and extent of the alleged
noncompliance with the conditions of
the special use permit. The council
shall have the power, upon good cause
being shown, to cancel or revoke the
previously issued special use permit,
to require certain corrective measures
to be taken, and/or to direct the city's
agents to enter upon the premises and
take corrective measures required by
the city council, and to modify the con-.
ditions which apply to the special use
permit. Any revocation action shall be-
come effective fifteen (15) days after
final publication of the ordinance. Any
other action shall require a continu-
ance of the public hearing to a specific
future date and a motion stipulating
the specific corrective measures that
are to be accomplished either by the
special use owner or by an agent of the
city within that time period. Upon the-
date of the continued hearing, should
the council.find that the conditions and
stipulations have not been satisfacto-
rily met, council shall adopt the revo-
cation ordinance.
(7) Nonconforming special uses: Notwith-
standing the provisions of section 26.7, any
special use which is nonconforming to the
provisions of this subsection 26.6(B) by way
of not having received approval of a special
use permit under prior rules and proce-
dures shall terminate or shall otherwise be-
come conforming to these provisions within
five (5) years of the date that such noncon-
forming status became effective. In addi-
tion, within this five-year amortization pe-
riod no nonconforming special use shall
change ownership without coming into con-
formance with this subsection 26-6(B). All
other provisions of section 26-7 shall apply.
(C) Change of Zone (Rezoning): A change of any
zone district as shown on the official zoning map
is permitted only when it is consistent with the
goals and policies of the Wheat Ridge Comprehen.
sive Plan and promotes the general welfare of the
community. If a proposed amendment is not con-
sistent with the comprehensive plan, then the re-
quest may only be approved if the applicant dem.
onstrates that the request is justified because of
changed or changing conditions in the particular
area or in the city in general, or the rezone is
necessary to correct a manifest error in the ex.
isting zone classification. A manifest error may
include, but may not be limited to, one (1) or more
of the following: 1) Mapping errors, including in-
correct boundary location or incorrect zone desig.
nation; or 2) Ordinance errors, including incorrect
zone designation, legal description error, or typo-
graphical errors.
The final determination as to a change of zone
expressly rests in the exercise of the discretion of
the city council and all applicants are hereby ad-
vised and informed that there is no right to a
change of zone of property.
(1) Applicability: The requirements of this sub-
section shall be applicable throughout the
boundaries of the City of Wheat Ridge and
Supp. No. 14 1694
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No.
Ordinance No.
Series of 1997
TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS
RELATING TO THE REVIEW PROCESS FOR CONDITIONAL USE
PERMITS
WHEREAS, the City Council desires to require public hearing before the Council
and action by the Council on requests for conditional use permits; and
WHEREAS, the Council wishes to subject approved conditional use permits to
the legal protest process applicable to rezoning and special use permits.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO:
Section 1. Wheat Ridge Code of Laws, Article 1, Sec. 26-6(A) is amended to
read:
26-6. Legislative and administrative process and procedure.
This section sets forth the procedural and substantive
requirements which apply to the various administrative and legislative
processes established by this code, and as may be requested by other
city ordinances and/or state law, where applicable.
(A) Conditional Uses: Conditional uses are permitted uses
which are subject to review to ensure that they are properly designed,
developed, operated and maintained so as to be appropriate for specific
locations within a zone district wherein the conditional use is specifically
enumerated. The primary issues which the planning commission AND
THE CITY COUNCIL shall address are those special design considerations
which mitigate potential detrimental impacts of a conditional use on
surrounding land uses, the street systems, or public services or facilities.
In order to achieve compatibility, the planning commission, and city
council upen appeal, shall have the right to approve, approve with
modifications, or deny a conditional use request.
(1) Applicability. . . .
GEM53027\179420.1
(4) Planning commission review. Planning commission shall
hear and consider any evidence or statement presented by the applicant,
city staff, or by any person in attendance at the hearing. The planning
commission shall then rippi4p. MAKE A RECOMMENDATION TO CITY
COUNCIL to approve, approve with conditions, or deny the application,
basing its decision upon the facts presented in the public hearing in
consideration of the criteria for review as specified in subsection (3)
above. Planning commission may impese RECOMMEND conditions or
stipulations, which may include physical design as well as operational
and maintenance considerations, upon the conditional use in addition to
standard development and use regulations which apply within a particular
zone district or for a similar "permitted use." Such conditions or
stipulations may be impesed RECOMMENDED in order to ensure
compliance with the criteria for review, which, if not complied with, shall
be grounds for revocation of the conditional use. A RECOMMENDATION
FOR DENIAL SHALL BE CONSIDERED FINAL UNLESS THE APPLICANT
FILES AN APPEAL TO CITY COUNCIL.
(5) CITY COUNCIL REVIEW. CITY COUNCIL SHALL REVIEW
AND DECIDE UPON ALL REQUESTS FOR CONDITIONAL USES UPON
RECOMMENDATION OF THE PLANNING COMMISSION FOR APPROVAL
OR UPON APPEAL BY AN APPLICANT OF A RECOMMENDATION FOR
DENIAL BY THE PLANNING COMMISSION. CONDITIONAL USES MAY
ONLY BE APPROVED BY PASSAGE OF AN ORDINANCE; FOLLOWING
THE CITY'S STANDARD ORDINANCE ADOPTION PROCEDURES.
NOTICE OF PUBLIC HEARING SHALL BE IN THE MANNER PROVIDED IN
SUBSECTION 26-6(F)(1). CITY COUNCIL, IN ADDITION TO
CONSIDERATION OF THE PLANNING COMMISSION RECORD, SHALL
HEAR ADDITIONAL EVIDENCE AND TESTIMONY PRESENTED, AND
EITHER PASS, PASS WITH MODIFICATIONS, OR DENY THE
ORDINANCE, ITS DECISION BEING BASED UPON ALL EVIDENCE
PRESENTED, WITH DUE CONSIDERATION OF THE CRITERIA FOR
REVIEW.
IN THE EVENT OF A PROTEST AGAINST SUCH CONDITIONAL
USE, SIGNED BY THE OWNERS OF TWENTY (20) PERCENT OR MORE
OF THE AREA:
A. OF THOSE IMMEDIATELY ADJACENT TO THE REAR OR
ANY SIDE OF THE PROPERTY, EXTENDING ONE HUNDRED
(100) FEET FROM THE PROPERTY; OR
B. OF THOSE DIRECTLY OPPOSITE ACROSS THE STREET
FROM THE PROPERTY, EXTENDING ONE HUNDRED (100)
GED\53027\178420.1 -2-
FEET FROM THE STREET FRONTAGE OF SUCH OPPOSITE
PROPERTY.
CONDITIONAL USE SHALL NOT BECOME EFFECTIVE EXCEPT BY THE
FAVORABLE VOTE OF THREE-FOURTHS OF THE ENTIRE CITY
COUNCIL. WHERE LAND WHICH IS ADJACENT OR OPPOSITE, AS
DEFINED ABOVE, IS OWNED BY THE CITY, SUCH PROPERTY SHALL BE
EXCLUDED IN COMPUTING THE REQUIRED TWENTY (20) PERCENT,
AND OWNERS OF NONCITY LAND WITHIN THE ONE-HUNDRED-FOOT
LIMIT, AS DEFINED ABOVE, SHALL BE CONSIDERED ADJACENT OR
OPPOSITE DESPITE SUCH INTERVENING CITY LAND. THE WRITTEN
PROTEST TO SUCH CONDITIONAL USE SHALL BE SUBMITTED TO THE
CITY COUNCIL NO LATER THAN THE HEARING ON THE PROPOSED
CONDITIONAL USE.
(6) Enforcement. All conditions and stipulations imposed by
the planning eeMM;ss;en city council shall be maintained in perpetuity
with the sfleeial CONDITIONAL use. If at any time the stipulations or
conditions are not adhered to or are found to have been materially altered
in scope, application or design, the zoning administrator shall notify a
code enforcement officer of the nature of the violation(s) and the code
enforcement officer shall initiate standard enforcement proceedings.
Section 2. 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 3. Severability: Conflicting Ordinances Repealed. If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall
not be affected thereby. All other ordinances or parts of ordinances in conflict with
the provisions of this ordinance are hereby repealed.
Section 4. Effective Date. This Ordinance shall take effect fifteen days after
final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to
on this day of , 1997, 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 , 1997, at 7:00
GEM53027\178420.1 -3-