HomeMy WebLinkAbout11/07/2002CITY OF WHEAT RIDGE PLANNING COMMISSION
Minutes of Meeting
October 17, 2002
Planning Commission Page I
October 17, 2002
The case was presented by Meredith Reckert. She reviewed the staff report, digital
was jurisdiction to hear the case. She entered all pertinent documents into the record which
were accepted by Vice Chair SNOW. Staff recommended approval of the application for
reasons outlined in the staff report. I
Ms. Reckert was given a letter from the adjacent property owner to the east just prior to the
hearing. She read the letter into the record as follows:
Commissioner COLLINS inquired about the curb cut. He wanted to make sure that it is
designed in a manner that would only allow right tums onto Wadsworth.
Planning Commission Page 2
October 17, 2002
Commissioner # # be * to rewrite the character M
4,evelopment to more accurately describe his present plans. Mr. Loecher stated that he would
zgree to such a condition.
#
Planning Commission Page 3
October 17, 2002
2. The second condition should read "brick wainscoting" rather than "brick wall"
3. Strike the fourth condition.
Commissioner COOPER offered a friendly amendment to Commissioner MINA E's
motion:
1. Add a condition to require the applicant to rewrite the character description on
the planned development plan.
2. Add a condition to require the applicant to modify striping of the parking lot to
adequately accommodate a handicapped parking place.
A vote was taken on the motion to amend the original motion. It passed 7-0 wi
Commissioner WEISZ absent. I
A vote was taken on the main motion as amended. It passed 7-0 with Commissioner
WEISZ absent.
B. Case No. WZ-02-08: An application submitted by Centex Homes for approval of a
Planned Residential Development final development plan and subdivision plat for
properties located at 4580, 4680 and 4690 Garrison Street and 9105 West 46 Place.
The case was presented • Meredith Reckert. She reviewed the staff report, digital
presentation and advised the Commission that all noticing requirements had been met and there
was jurisdiction to hear the case. She entered all pertinent documents into the record which
were accepted by Vice Chair SNOW. Staff recommended approval of the application for
reasons outlined in the staff report.
Commissioner SNOW expressed concern about handicapped accessibility. Meredith Reckert
stated that this issue was discussed with the applicant who indicated the accessibility
requirements could be satisfied with some interior modifications.
Yvonne Seaman
9150 East Costilla Avenue
Ms. Seaman, representing Centex Homes, was sworn in by Vice Chair SNOW. She stated that
the development would meet Type B fair housing standards for two-story units. She reviewed
the plans for the project.
Howard Heinz
4523 E. Fenwood Pl., Highlands Ranch
.:Heinz, engineer for Centex Homes, was sworn in by Vice Chair SNOW. He explained the
drainage plan for the proposed project.
Planning Commission Page 4
October 17, 2002
Commissioner COOPER offered a friendly amendment to add a condition would
reXuire Centex
according to Colorado and the Uniform Building Code. amendment
accepted by Commissioners COLLINS and COOPER.
Planning Commission Page S
October 17, 2002
loll
CIfy f4fw af fL
worli : 17 1 i r. 0 At
the end of Flower Street. This amendment was accepted by Commissioners COLLINS
and COOPER.
91
a
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U
The motion passed 7-0 with Commissioner WEISZ absent.
Tattoo Parlors, Fortune Tellers
,P Shops - Commissioner McMillin requested the
JK*-* onl,'% two tattoo parlors
in the city and there are
• applications pending. Erroneous information was given at the last
Planning Commission that there were six applications pending.
Alan White stated that staff is conducting a physical inventory
• tattoo parlors and fortune
tellers in the city. So far, the inventory shows two tattoo parlors, four fortune teller businesses,
and two pawn shops.
Commissioner SNOW asked if it would be possible to consider only one type of business at a
hearing. Alan White will look into scheduling tattoo parlors at one hearing and fortune tellers
at another hearing. Since pawn shops are already regulated, Alan White will ask City Council
if they, would like
♦ delete that use from the proposed ordinance and only consider the tattoo
parlors and fortune telling businesses.
s 1 ♦ I
till #1
I owl
KIM= Supply 5 wFan WTU 'Kipillig NUVU ricairt#7-;��
landscaping. Alan White will investigate. I
Uommissioner MUD= — refe - rrea to an 1
Town Meeting. He stated that he plans to attend and urged other Commissioners to also
attend.
Vice Chair SNOW expressed appreciation to Commissioner COLLINS for the years he has
served on the Planning Commission. Commissioner COLLINS will be moving out of the area
and has tendered his resignation to the City Council.
COMMISSION REPORTS
24"
COMMITTEE AND DEPARTMENT REPORTS
There were no committee or department reports.
Planning Commission Page 6
October 17, 2002
i I -ff
Yr-Tmnussloner , 4IMTWN
to adjourn the meeting at 9:15 p.m. The motion passed unanimously.
Nancy Snow, Vice Chair
on
NNH
City of Wheat Ridge'
Planning and Development Department
provide staff to M ditional informatio
opinion The Commission also requested an i whether there should be a licensing requirement for
reasons. health or safety M mmission requested that the proposed
businesses either legal N r legally non-conforming
Police calls have been minimal at 10805 W. 44 Please note that the calls for 5900 W. 38 Avenue
were prior to Tribe Tattoo occupying the premises in September of this year.
Surrouncting communities generany T,
are allowed. There are no special requirements for these uses in the municipalities surveyed.
State Health Department regulations generally address condition of the premises, record keeping, and
equipment.
Sales tax is collected on anything sold in the establishment such as T-shirts and earrings. The service of
tattooing is not taxed.
In speaking with the Police Chief, he recommended not requiring a special license for these uses.
Options
M•�
1. Allow as a special use in RC, C-1, and C-2 zone districts; grandfather existing uses at
existing locations.
1 Allow as a permitted use in RC, C-1, and C-2 with spacing requirements.
3. Allow as a permitted use in RC, C -1, and C-2, or just C -1 and C-2.
A special use is a lengthy process for a use that has no more impact than beauty salon. Considering the
criteria for granting a special use, which of the criteria would not be met by such a use?
A spacing requirement between the uses would disperse the uses throughout the City. A spacing •
1,500 feet is suggested (consistent with other spacing requirements) if this option is pursued. Should
the spacing apply between just body art uses, or should the psychic advisor uses be included in the
spacing, If the latter course is followed, some existing uses will become non-conforming.
The last option allows the use as a permitted use in the selected zone districts. Allowing the use in C-1
does not create a non-conforming situation with the existing businesses.
The item has been advertised as a public hearing. A recommendation to Council is requested,
City of Wheat Ridge
Planning and Development Department
Memorandum
ffe: IMM,
FROM: Travis Crane—��
1; 11 Ora ggm i
DATE: 30 October 2002
Here is the property research data you requested on psychics and tattoo parlors. I have also included a
copy of the minutes from the October 3 Planning Commission discussion on the subject. The following
are the subject properties (with current zoning) :
I could not obtain property records for two of the businesses due to time constraints. These properties
are:
511,11111 111 11111p ig�1�1 ip� 1 1
m
m
It Pawn Shops
A Not To Scale
N
M-
DATE
CAS NUMBER
I�TCIDEN T
(�J
Av
10805 T T 4 44`x' e
July 10, 2002
September 34, 2441
2441 -19891
Zoning Violation
June 12, 2442
No Case Number
Officer Initiated—Unknown Purpose
July 15, 2002
No Case Number
Audible Ala
September 15, 2442
2442 -15129
Found Property
October 9, 2442
2442 -17111
Alarm - chargeable
10908 W. 44th Ave:
April 5, 2441 2001-6165
May 1, 2442 No Case Number
May 24, 2442 2442 -8223
9920
2 001 No Calls for S I
June 27,
#
March 13, 2002
2002-3937
July 10, 2002
2002-11365
August 21, 2002
2002-14201
August 29, 2002
No Case Number
September 15, 2002
No Case Number
September 21, 2002
No Case Number
October
October 14, 2002
No Case Number
October 16, 2002
No Case Number
October 21, 2002
No Case Number
Animal DOA
Officer Initiated—Unknown Purpose
Animal Trouble
Page 1 of 2
5900 W. 38"' Ave:
December 6, 2000
2000 -25000
Domestic Disturbance
January 11, 2001
2001 -679
Sex Offender Registration
February 12, 2001
2002 -2578
Sex Offender Registration
March 5, 2001
No Case Number
Officer Initiated—Unknown Purpose
May 1, 2001
2001 -8941
Child Abuse
May 16, 2001
2001 -9866
Welfare Check
May 17, 2001
2001 -9090
Assist —Civil
May 21, 2001
2001 -9356
Welfare Check
August 1, 2001
2001 - 15221
Assist -Civil
September 26, 2001
2001 -19584
Suspicious Incident
September 26, 2001
2001 -19587
Warrant Assist
September 27, 2001
2001- 2001 -15655
Suspicious Incident
D. Patt
10 -25-02
s
BODY ART ESTABLISHMENTS
SECTION 1: DEFINITIONS AND PURPOSE ------_~_--._--_—..... ........ --..—..... I
Definitions .._..--...._.—._.'^'.'--^^^^^--'^^^^'-^^'`-----~~^^^`'^—^^—^—^^'''~''^^`^^`I
SECTION 2: MINIMUM REQUIREMENTS FOR BODY }&@TISTS...— ... — ......... ..... ... ... ....
4
SECTION 3: MINIMUM REQUIREMENTS FOR BODY ART ESTABLISHMENTS. ----..4
SECTION 4: CLIENT RECORDS — ........ --_..._..—.—_—...... ----~.—..__..—_---5
SECTION 5: FACILITY AND OPERATIONAL REQUIREMENTS ------.---........ ........
6
SECTION 6: TEMPORARY, SPECIAL EVENT AND MOBILE BODY ART
'''~^^—^`^--^'^^—^—^~'---' ......... '... -- ......... ^ ...... —'^-^'''^^`—�
SECTION 7: INFECTION AND EXPOSURE CONTROL WRITTEN PROCEDURES --.—_-
8
Written Pcoceouoe0.. ... -- ..... ....... ...... .^.` ... '. .... ...... -- ........ ......... -_—.—,^..........
8
SECTION 8: . ..... — ..... ---- ........ --..__..—.—................
9
Instrument Cleaning -_..'^^-^--^'--'-----^'^'~`^^'--^^^'~--^-'--~^^^^'^^^^^`^---^^^^
{nsinoueut '----------''~—''----~--'------'---~''9
Instrument S1eri}izatiun. .... .._..........^_~..^~^.....—..._.-,-~___..__._...-..,-_-.
lU
Instrument ...... _--.---............. -------........ .~',~........ —..---.-
11
Sin Use Items .... ..—...._—_......_...^...^^.....^.-....^......... ...^..—^....`.`._......... .............. ..l}
SECTION 9: BODYAR7. PROCEDURE
Prohibitions ....~.-..-....... _ ........ -........ '._.-,.~...^.—....._—.`.............. ............~..-..
l�
Procedures Specific &0 Tattooing ----'—.-----_— ....... — ............... -- ...... —.--...
12
Procedures Specific to Body ----------..----.--.---------_'
12
« #M •'
August Effective Date: 1 2001
(}
BRANDING means a potentially invasive procedure in which a
permanent mark is burned into or onto the skin using either temperature,
mechanical or chemical means.
i{ M
(g) CONTAMINATED means the presence or reasonably anticipated
presence
• blood, infectious materials or other types of impure materi s
that have corrupted a surface or item through contact.
(h) CONTAMINATION means to make unfit for use by the introduction or
potential introduction of blood, infectious materials or other types of
impure materials.
(i) DEPARTMENT means the Colorado Department of Public Health and
Environment,
• its authorized agents, and employees.
(k) DISINFECTION means to destroy or inhibit pathogenic microorganisms
on inanimate objects or surfaces.
(1) GLOVES mean those which are disposable and single use, and are labeled
for surgical or examination purposes. Gloves for instrument cleaning shall
be heavy-duty, multi-use and waterproof.
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yellow gE ld; niobium, titanium, or platinum; or a dense, low-porosity
Rlastic, which is free of nicks, scratches, or irregular surfaces.
PROCEDURE AREA means any surface of an inanimate object that
contacts the client's skin during a body art procedure and all surfaces
(x) SHARPS mean all objects (sterile or contaminated) that may purposely or
accidentally cut the skin or mucosa, including, but not limited to, single use
needles, scalpel blades and razor blades. It does not include disposable
safety razors which have not broken the skin,
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(y) STERILIZATION means a process that results in the total destruction
all forms of microbial life, including highly resistant bacterial sr I
(z) STERILIZER means an autoclave that is designed and labeled by the
manufacturer as a medical instrument sterilizer and is used for the
destruction of microorganisms and their spores.
(aa.) TATTOOING means inserting pigment under the surface of the human
skin or mucosa, by pricking with a needle or other means, to permanently
change the color or appearance of the human skin • to produce an
indelible mark or figure visible through the human skin.
(bb) UNIVERSAL PRECAUTIONS mean a set of precautions designed to
prevent transmission of human immunodeficiency virus (HIV), hepatitis B
and other bloodborne pathogens as defined by the
Control, Under Universal PrecLu�2ns, blood and ce am body fluids of all
151 �iauarsa"r"e"c
SECTION 3: MINIMUM REQUIREMENTS FOR BODY ART ESTABLISHMENTS)
3-301 The body art establishment must have a person(s) in charge at all times who is
responsible for the operation.
3-302 The following information on each employee • a body art establishment shall •
on file and available for inspection y e epaq!aent.
(a) Full legal name
(b) Home address
5=
Home •
employees (d) Proof that all and/or
completed either offered and declined, in writing, the hepatitis
vaccination be pre-employment
requirement 1
3-303 The person in charge shall have access to the following information be
on premises by
4-402 The following information shall be documented and used by the body artist to
determine the client's suitability for receiving a body art procedure. In order to
assure insofar as possible the ,proper healing of a client following a body art
procedure, the client shall be asked to disclose if he /she has any of the following:
(b) Date of the procedure
(c) The type and location of the body art
(d) Documentation that both written and verbal instructions regarding risks,
outcome and aftercare were given to the client including:
5-503 The premises shall be maintained clean and in good repair.
5-504 At least fifty (50) foot candles of artificial light shall • provided at the lei
where the body art procedure is performed and in instrument cleaning
sterilization areas.
5-505 All surfaces, including, but not limited to, counters, tables, equipment, chaii
recliners, shelving and cabinets in the procedure area and instrument cleam
room shall be made of smooth, nonabsorbent materials to allow for easy cleam
and disinfection.
5-506 Hand sinks shall
• supplied with hot and cold running water delivered through
mixing faucet and under pressure. Hand sinks shall be easily accessible to e
procedure area and shall be located so that one artist does not potential
contaminate another artist's area. Each hand sink shall be provided with soap I
MM
5-50• Water shall be supplied from a source approved • the Department.
5-5 1 0 Sewage, including liquid wastes, shall • discharged to a sanitary sewer or to a
sewage system constructed, operated and maintained according to law.
5-515 All chemicals shall be labeled with contents, properly stored, and used according
to label instructions.
5-516 All body art establishments shall be completely separated from areas used for
human habitation, food preparation, or other such activities that may cause
potential contamination of work surfaces.
5-517 Utensil washing and utility sinks with threaded faucets shall be equipped with
back flow prevention devices approved by the Department.
5-518 Sharps and Infectious/Regulated Waste must be handled in a manner consistent
with §25-15-401, CRS.
SECTION 6: TEMPORARY, SPECIAL EVENT AND MOBILE BODY ART
REQUIREMENTS
(b) Body artists may bring pre-sterilized instruments, or instruments which
have been sterilized at another location with documentation showing a
negative spore test result within the previous 30 days. On site sterilization
units may be used and shall comply with Section 8-803.
6-602 After the last procedure is completed, all procedure areas shall be cleaned and
disinfected.
1111111111 1 11 11 1 1 riillii
7-701 Written Procedures
(a) Every body art establishment shall have, and comply with written
procedures for infection and exposure control. All procedures developed
im
for the written plan shall be in compliance with standards, and all local
and state regulations.
SECTION 8: INSTRUMENTS/STERILIZATION
8-802 Instrument Packaging/wrapping
(a) Employees shall wear clean gloves while packaging/wrapping
instruments.
(b) Instruments shall be wrapped or packaged with a sterilizer indicator on or
in each package.
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(c) All packages shall be labeled with the time and date of sterilization.
Packages will no longer be considered sterile six months after the date of
sterilization.
8-803 Instrurnent Sterilization
(e) Sterilizer Monitoring
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SECTION 9: BODY ART PROCEDURE
9 -901 Prohibitions include;
9-902 The following procedures shall be practiced by all body artists:
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1. On page six of the plan, item one: 'the words "new turf is to be blue grass sod per
specifications" shall be changed to read: "new turf is to he drozight resistant grass."
B. Case No. ZOA-02-06: Ordinances amending Section 26-204 of the Wheat Ridge Code
of Laws pertaining to changes to the Table of Uses for the Commercial and Industrial
Districts regarding tattoo parlors, palm readers, psychic readers, fortune tellers and
pawn shops.
Mr. White advised the Commission that fortune tellers, psychic readers and palm readers are
protected under the first amendment. Therefore, the city cannot make these exclusively special
uses and they would be subject to a discretionary hearing process.
parlors over e last ix months.
In response to further questioning by Commissioner McMILLIN, Mr. White stated he was not
aware
♦ any zoning violation complaints associated with any of the subject type businesses.
He stated that he did not know if there were anypolice calls associated with these types of
businesses. Mr. White also pointed out on the zoning map the industrially zoned areas within
the City.
Planning Commission Page 3
October 3, 2002
Robert Boykin
EZPawn
Boykin • Pawn stores in the metro area. The stores
He did not believe that pawn shops create a public nuisance. He stated that the store at 4595 ,
Wadsworth lost only ! to police confiscation of ! out of an income of 8A! !1
"outer last year. He objected to requiring pawn shops to be located in industrial zones and stated that
they are already required to be located at the outer limits of commercial zoning.
Commissioner McMILLIN asked if pawn shops are presently required to be located on the
of i zoning. i/ that pawn shops i l special
uses within C-2 zone districts. The two shops presently existing within the city are' most likely
granffathered.
Jason Stahl
3150 West 63 Denver
Mr. Stahl spoke in support of Tribe Tattoo and in opposition to the ordinances,
Stephen Cox '
161 Street, Denver
He V• ke in op
.Rosition to the ordinances.
Mona Slaughter
5900 West 3S Avenue, Wheat Ridge
Matthew Bowman
5900 West 38 th Avenue, Wheat Ridge
He spoke in opposition to the ordinances. He addressed the portion of the ordinance
welfare." He stated that Tribe Tattoo operates under high cleanliness standards.
Angie Fahmy
1377 Steele, Denver
She spoke in opposition to the ordinance and spoke in favor of the tattoo industry.
Planrulag Comnulssion Page 7
October 3, 2002
It was moved by Commissioner PLUMMER that existing businesses set forth mi the
it dinances be grandfathered in and any future uses restricted to commercial-one.
S. OLD BUSINE8S
Recreational Vehicle P r — Commissioner McMILLIN offered a possible solution to the
regulation of RV parking. He suggested that the city issue parking licenses for vehicles parked
in front yards.
Plamn g Commission Page 9
October 3, 2002
BE IT ORDAINED BY THE CITY COUNCIL OF TBE CITY OF WBEAT RIDGE,
COLORADO,THAT:
Section 1. Section 26-204 of the Zoning and DevelopmentCode concerning body art
establishments is hereby amended as follows:
USE
NOTES
NC
R
C-2
- 1 -7 1
Body Art
Establishments
I
P
t
P
I
Section 2. Section 26-123 of the Zoning and Development Code is hereby amended by
the addition of the following definitions:
Body Art Establishment. Any location, whether temporary or permanent, where the
practices of body art are perfonned.
Section 4. 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, such judgment shall not affect application to other
persons or circumstances.
this Ordinance is found to conflict with similar provisions, requirements or standards found
elsewhere in the Code
• Laws of the City • Wheat Ridge, which are in existence as of the date
of ado!2tion of this Ordinance the provisions, meouirements and standards herein shall supersede
and prevail.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to —
on this — day of , 2002, ordered published in full in a newspaper of general
circulation in the Cito
• Wheat Ridw_e and PubliLHtariag, and consideration on final passage set
for 2002, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th
Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED • second and final reading by
vote of to , this — day of 2002. 1
SIGNED by the Mayor on this _ day of 2002.
Wanda Sang, City Clerk
Wheat Ridge Transcript
Effective Date:
38203283=
WHE,g r
City of Wheat Ride
Plannina and Develoment Deoartment
FROM: Alan White, Planning and Development Director
6 AO
SUBJECT: Case loo. ZOA 02-04, Parkin in Residential Areas (Revisited)
DATE. October 30, 200
This case has been advertised as a public hearing. A motion for a recommendation to Council is
requested.
CADocuments and SettingsWanNy D uments\ PFflestProjectslzoning ameadmentsVes parking rev pc memo.wpd
Provision Current Ordinance Council Consensus
2. Types of Vehicles
Currently all are treated the same.
Create second definition of
Recreational Vehicles vs.
If allowed in addition to
personal recreational vehicle
personal craft
recreational vehicles, should the
to cover snowmobiles, etc.
number of personal craft stored on
a trailer be limited?
3. Trailers (Number and type)
Not clear if snowmobile on a trailer
Allow a trailer with personal
Horse trailers are not
constitutes one recreational
rec. vehicles (no limit) as an
mentioned
vehicle plus one trailer — a
equivalent to a recreational
violation, Needs clarification.
vehicle. Horse trailers are
treated as any other trailer,
4. Setbacks
Current requirement is feet in
Only requirement is to meet
Front
. 6
front only.
the current f ront setback
Side
requirement of 6 feet.
Rear
rill 1 1
l I I all j ii Tj •'• •
T
allowed • the property to be
stored in a carport or tent. This
needs to be clarified.
MR=
#'T uriveway 31 IT 1 5 1 77t I I M 11 u
right-of-way line,
J�WK MSTULVI rdUe
Standards for depth
containment.
in •
applies.
8. Non-operative Vehicles This provisions should be moved Delete from this ordinance.
to Chapter 15 where non-operative
vehicles are defined.
9. Grandfather Existing This would require verification of Do not include a
Vehicles and Trailers current vehicles and trailers in the grandfathering clause.
City via a windshield survey of
every lot on every street. Very
time consuming.
INTRODUCED BY COUNCIL MEMBER
Council Bill No.
Ordinance No.
Series of 2002
TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS
PERTAINING TO PARKING AND STORAGE OF VEHICLES
IN RESIDENTIAL AREAS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO, THAT:
GED\53027�25590.01
that such vehicle does not exceed a one-ton chassis. Parking of trailers which are
used for commercial purposes is prohibited on any public right-of-way.
residential zone districts, a maximum of two (2) of any the following vehicles
may be parked outside only upon property owned or occupied by the vehicle
owner:
Recreational Vehicle
Trailer, with or without storage thereon of any number of personal
recreational vehicles
E. Pickup truck-mounted campers and pickup truck shells, when mounted upon pickup
trucks, are not subject to these parking restrictions except that such camper shall not
be used for permanent or temporary living quarters. Nothing in this section will be
construed to restrict or limit parking of any vehicle so described upon private
GEM53027\42559U1 -2-
property so long as said vehicle is parked in accordance with the limitations of this
section and provided that sight distance triangle requirements • section 26-603 are
MeL
Section 4. Ordinance No. 1265, Series 2002, is hereby repealed.
Section 6. 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 ad us�ted by a
i
court of competent jurisdiction invalid, such judgment shall not affect application to other
persons or circumstances. I
GED\53027\425590,01 -3-
2 (b) (6), which are in existence as of the date of adoption of this Ordinance, the provisions.,
requirements, and standards herein shall supersede and prevail.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a
vote
• to , this _ day of ' 2002
SIGNED by the Mayor on this - day of 2002
ENUMN
Wanda Sang, City Clerk
I st Publication:
2nd Publication:
Effective Date:
GED\53027\425590,01