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HomeMy WebLinkAboutWA-95-16M E M O RAND IT M T0: All Applicants FROM: Planning & Development Department RE: Case processing fees DATE: December 13, 1994 r'I/ ~i, ~'~ ri r/~ ~ b7 i;~ ~ ,~~ /~ ~'~ ~E'` G ,~ ~~ ~~`~~~~ ~ The following is a listing of different types of land use cases processed_.by the Department of Planning and Development and the filing fees required for each one:- Rezoning $200.00 Rezoning + Site Plan (PRD, PCD, PID) 300.OQ Site Plan 150.00_ S ec ~ Use Permit - - - - - ~`~~~D-.O.Q ariance 50.00 error Subdivision (up to 5 lots) ~'-~a"' Major Subdivision (5 to 25 lots (+$5/lot)150.00. Planned Building Group 150.00 Other Miscellaneous Processing .' 50.00 In addition to the straight filing fee for the specific process (i.e., variance, rezoning, etc.), the City will require reimbursement for the direct costs for processing these land use applications. This would include. the costs for adjacent owner notification, legal description publications and recording fees as outlined. below: 1 J) i 2 3 Newspaper advertisements: $ .44 per line This also applies to publication of ordinances (where such applies), both 1st and 2nd Readings. Certified mailings: Recording Fees: $2.60 per letter $10 per page for Plats/ODPs $20 for first sheet; $10 per sheet thereafter for boundary surveys $5 per page for Mylar copies The applicant(s) will be responsible for payment of these additional fees prior to final action by the City. R The Cify of Wheat Ridge •. ADMINISTRATIVE PROCESS APPLICATION Department of Planning and Development 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944. Applicant ~~~~T ,SCG~i'S ~9AClg`ress__ Ti~,.~ ~,Qr1SL(,7fQ'7t~ Ph~~onjje /~ : ~ ;.~jfj~ Owner SCU / 7' !~ ICFIiE.e Address ~ ~~ ~ ~ ~(/~L~G~P1Terfe / 5`~ .iU jT{ Location of request y S ~- Type of action requested (check one or more of the_actions listed below which pertain to your request.) Change of zone or zone conditions Variance/Waiver Site development plan approval Nonconforming use charige Special use permit Flood plain special exception Conditional use permit Interpretation of code Temporary use/building permit Zone line modification- ------- Minor subdivision Public Improvement Exception Subdivision Street vacation Preliminary Miscellaneous plat Final Solid waste landfill/ _ ** See attached procedural guide mineral extraction-permit --- for specific requirements. ^ Other -- Detailed Description of request -S~'NGL~' ~Gs'~ ,~3®~.lj~ ,~,~'~~ti ~p~~ 4/V ~L~S? ~ll..tr il3i.~~ir ,S/~~ 4dr JE'Oa"1~ La OF J3 i ti 1 xis __._ .. _ _-2...~ _ .... ,,.. .~.: , List all persons and companies who hold an interest in the described_real property; as owner, mortgagee, lessee, optionee, etc. NAME ADDRES~s PHONE Sco ff ~ ` r -~~- ~2 7 ~. ~C/~~~/li ` /J /~.UP C ~/ ~~~ 3 ,, _ .._. _ ~,s _ ._.~. ~„ i certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, i am acting-with the knowledge and consent of those persons listed above, -- without whose consent the requested action=cannot lawfully be accomplished. Applicants other than owners ust s t power-of-attorney-from the owher which approved of this actin on alf. Signature of Applicant Subscribed and sworn tlo me this Z-~kday of _/-spy; / 19 4 S _ Notary Public ~ SEAL My commission expires ¢ -/o-199y __ Da e Received _-- Receipt, No..... .-__ ,_. Case No;,. The prinlyd Wnliam M IXi+farn, aPlrtn.ed b) ,hc fnlnradn Neal t:+ime fommia+ion i 1'U r2.ILX.» IF TIIIS hOHM IS USED IN A CONSLIa11iH CHEUI'1`CHANSACTI(1N, CONSULT LI!GAI. C(7IiNSlSL. THIS IS A LEGAL INSTRUMENT. IF NOT UNOEAST000. LEGAL, TAX OA OTHER COUNSEL SHOULD BE CONSULTED SEFOAE SIGNING. DEED OF TRUST (Due on Transfer -Strict) whose address is is made this 16th _ day of Feb ruarY . 79 9 ~ .between IBorroWer). :md the Public'1'rusme of the County m wd,ich the Property (uc p;uueraph I) is siumteJ CfrusteG: I'nr the benclit of Elms Property and-Investment Company Limited Partnership, a Colorado Limited Partnership 6825 E. Tennessee ~k1-235, Denver, Colorado 80224 tl'cntler), whose aadrexs is 13nrruwer anJ Lcnda• nwen;Int and agree as lirllu)vs: I. Property in Trust. Hornnve r, in consideration u(the indebtedness herein recited and the trust herein created, hereby grants and conveys to'fnlstec intrust, with power oCsale, the I'ulluwing described property located in the County of lefferSOn -State i)1 Colorado: See legal description on Exhibit A attached hereto. wt,ieh has tnc aadrnss of 4105 Wadsworth Blvd .. Wheat P.idge , Colorado „~ne~~ .-C»lnr:rdu - A'u~'~ ~%iP CVxki (Property Addressl, together with all its appurtenances lPropenyl. ?. Nate: Other Obligations Secu«d. This Dccd of 'trust is given to secure to Lcndcr. A. the «paymcnt ul the indebtedness evidenced by Borrower's note INotcl dated T' a}"''lar3r 1 h , 19 ~4 . in the principal sum of Three HLridre>~r~y-Fives Thnn sanfl T)nllarc (r~'1 L,~nnn M~_ U.S. Dollars, with into«zt on the unpaid principal h;d:utre 1«mt Fehrnary 1 h , 19 ~5_ ,until paid, at the rate ul' ~n ~1 0~_ percent permnwn. with principal xnd interest pa}'able :a 6825 B . Tennessee , Ste. 1-235, Denver, Colorado 80224. or such other place as the Lcndcr may designate. in monthly payments of FOllY Thou- sand One Hundred Sixteen and 20/100-------------------------------- Douars l us. s & , 116 20 I doe on the 16th day of each _TrtflTl ~h beginning 1`laYCh 16 , 1 Q q5 . 19 _ : sudt payments «r continue until the entire indebtedness evidenced by said Note is fully pail: however. il'not sooner paid. (he entire principal amount outstanding and accrued interest thereon. shall be due and payable on AU}TU S t 16 . 19 ~ and Borrower is to pay w Lcndcr a late charge of three (3) rk of any payment not received by the Lender within teri ~]„~ days ;dlcr payment is due: and Bornnacr has dtc rich[ to prepay the principal amount outstanding under said Note, in whole or in part at any time without penalty except B. the payment ol'all other sums, with interest thereon at tan +1 n) 7c per annum, disbursed by Lender in accordance with this Dccd of Trust to protect the security of this Deed nl' Trust: and C. the performance n(the covenants and agreements o(Born)wer herein contained. 1, Title. Burrower covenants that Borrower owns and has the right a, grant and convey [hc Property, and w;vmnts title to the same. subject «, general real estate taxes Ibr the current year. easements of record ur m csistence. and recorded declarations, restrictions. reservations and covenants, il' any. as ol'this date and except taxes for 1995 , a lien not yet due and payable, and taxes for subsequent years, easements, restrictio covenants, ordinances, and rights-of-way, if any, o.f record. -t. Payment of Principal and huerest. Burrower shall pnnnpdy pay when due the principal of and interest on the indebtedness evidenced by the Note, and late charges as provided in the Note and shall perfi>nn all of Borrower ahercovenants contained in the Note. 5. Application of Payments. All payments received by Lcndcr under the [eons hereof shall be applied by Lcndcr lust in payment of amounts due pursuant to paragraph 23 (Escrow Funds li)r Taxes and Insurance), then to amounts disbursed by Lender pursuant to parueraph 9 (Protection of Lender's Security), and the balance in accordance with the terms and conditions of the Note. No.'CU 72-11-S1. UF.t:U Of THUS'r [Due m, Ir:mXfer-Strit'tl Bndford Publishing. f ]43 Waze< SL. Denver. CO 80202 - (3031292-2500 - 6-9d ~~' 6. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under any prior deed of trust and any other prior liens. Bortower shall pay all [axes, assessments and other charges, fines and impositions anribu[able to the Propeny which may have or a[[ain a priority over [his Deed of Trus[, and lease}rold payments or ground rents, if any, in the gapmer set out in pazagraph 23 (Escrow Funds for Taxes and lnsurance) or, if not required to be paid in such manner, by Borrower makin amen[ when due, directly to the payee thereof. Despite the foregoing, Bortower shall not be required [o make payments otherwise required by this paragraph if Bortower, a~ ter notice to Lender, shall in good fauh contest such obligation by, or deftnd enforcement of such obl iga[ion in, legal proceedings which operate to preven[ the enforcement of the obligation or forfeiture of the Property or any part [hereof, only upon Borrower making all such contested payments and ocher paymenu as ordered by the tour[ to the regis[ry oC the coup in which such proceedings are tiled. 7. Property Insurance. Bortower shall keep the improvements now exis[ing or hereafter erec[ed on [he Propeny insured against i I loss 6y fire or hazards included within [he term "ex[ended coverage" in an amoun[ a[ least equal to the lesser of (q the insurable value of the Propeny or (2) tin amoun[ sufficient to pay the sums secured by [his Deed of Trust as well as any priorencumbrances onthe Propeny. All of the foregoing shall be known as "Property Insurance". The insurnnce carrier providing the insurance shall be qualified [o write Property Insurance in Colorado and shall be chosen by Borrower subject to Lender's right to rejec[ the chosen carrier for reasonable cause. All insurance policies and renewals thereof shall include a s[andard mor[gage clause in favor of Lender, and shall provide [hut the insurance carrier shall notify Lender at least ten (10) days before cancellation, termina[ion or any material change of coverage. lnsurance policies shall be famished w Lender a[ or before closing. Lender shall have the right to hold the policies and renewals thereof. In the event of loss, Bortower shall give prompt notice to the insurance carzier and Lender. Lender may make proof of loss if nut made promptly by Borrower. Insurance proceeds shalt be applied to restoration or repair of the Property damaged, provided such restora[ion or repair is economically feasible and [he security of this Deed of Trust is not thereby impared. [f such restoration or repair is not economically feasible or if the security of this Deed of Trust would be impaired, the insurance proceeds shall be applied [o the sums secured by this Deed of Trust, wi[h the excess, it any, paid [o Borrower. [f [he Property is abandoned by Bonower, or if Borsower fails to respond to Lender within 30 days from the date notice is given in accordance with paragraph l6 (Notice) 6y Lender to Bonower that the insurance rarsier offers to senle aclaim for insurance benefits, Lender is authorized [o collie[ and apply the insurance proceeds, at Lender's option, either to restoration or repair of ttte Property or to the sums secured by this Deed of Trust. Any such application of proceeds to principal shall not extend or postpone the due date of the installments referred to in paragraphs 4 (Payment of Principal and Interes[) and 23 (Escrow Funds for Taxes and Insurance) or change the amoun[ of such installments. Notwithstanding anything herein to the contrary; if under paragraph 18 (Acceleration; Foreclosure; Other Remedies) the Propeny is acquired by Lender, all right, title and interest of Borrower in and to any insurance policies and in and to the proceeds thereof resulting from damage [o the Properly prior to the sale ur acquisition shall pass to Lender to the eaten[ of the sums secured by this Deed of Trust immediately prior to such sale or acquisition. All of the rights of Borrower and Lender hereunder with respect to insurance carriers, insurance policies and insurance proceeds are subject to the rights of any holder of a prior deed of trust with respect [o said insurance carvers, pol[[[es and proceeds. 8. Preservation and Maintenance of Property. Bonower shall keep the Property in good repair and shall not commit waste or permi[ impairment or deterioration of the Property and shall comply with the provisions of any lease if this Deed of Trust is on a leasehold. Bonower shall perform all o[ 6ortower's obligations under any declare[ions, covenants, by-laws, rates, or other documen[s governing the use, ownership or occupancy of the Properly. 9. Pro[ec[ion of Lender's Securi[y. Except when Bortower has exercised Bortower's rights under paragraph 6 above, if the Borrower lads to perform the covenants and agreements contained in this Deed of Trust, or it a defeat[ occurs in a poor lien, or if any action or proceeding is commenced which materially affects Lender's interest in the Properly, then Lender, at Lender's option, with notice to Borrower if required by law, may make such appearances, disburse such sums and take such action as is necessary to protect Lender's interest, including, but not limited to, disbursement of reasonable anorney's fees and en[ry upon the Property to make repairs. Borrower hereby assigns to Lender any righ[ Bortower may have by reason of any prior encumbrance on the Property or by law or otherwise to cure any default under said poor encumbrance. Any amounts disbursed by Lender pursuan[ to this paragraph 9, with interes[ [hereon, shall become additional indeb[edness of Borrower secured by this Deed of Trust. Such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and Lender may bring suit to collect any amounts so disbursed plus merest specified in paragraph 26 (Note; Other Obligations Secured). Nothing contained in this paragraph 9 shall require Lender to incur any expense or take any action hereunder. rovided [hat l0. Inspection. Lender may make or cause to be made reasonable entries upon and inspection of the Propeny, p Lender shall give Bortower notice prior to any such inspection specitying reasonable cause thereY'or related to Lender's interest in the Property. 11. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any con- demnation orother taking of the Property, or par[ thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall 6e paid to Lender as herein provided. However, all of the rights of 6orzower and Lender hereunder with respect to such proceeds are subject to the rights of any holder of a prior deed of trust. In [he event of a to[al taking of the Property, the proceeds shall be applied to the sums secured by this Deed of Trust, with the excess, if any, paid to Bonower. [n [he even[ of a partial taking of the Property, the proceeds remaining after taking out any part of the award due any prior lien holder (net award) shall be divided between Lender and Borrower, in the same ratio as the amount of the sums secured by this Deed of Trus[ immediately prior to the date of taking bears to Borrower's eyuity in the Property immediately prior to the date of taking. Borrower's equity in the Property means the fair market value of the Property less the amount of sums secured by both this Ueed of Trust and all prior liens (except taxes) that are [o receive any of the award, all a[ the value immediately prior to the date of taking. IC the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or set[le a claim for damages, Bortower fails w respond [o Lender within 30 days after the date such notice is given, Lender is authorized [o collect and apply the proceeds, at Lender's option, either to restoration or repair of the Propeny or to the sums secured by this Deed of Trust. Any such application of proceeds to principal shall not exend or postpone the due date of the install meets referred to in paragraphs 4 (Paymen[ of Principal and Inreresq and 23 (Escrow Funds fur Taxes and Insurance) nor change the amount of such installments. 12. Bonower Not Released. Extension of the time for payment or modification of amoruza[ion of the sums secured by this Deed otTmst granted by Lender to any successor in interest of Borrower shalt not operate to release, in any manner, the liability of the original Borrower, nor Borzower's successors in interest, from the original terms of this Deed of Trust. Lender shall not be required [o commence proceedings against such successor or refuse to extend time fur payment or otherwise modify amor[ization of the sums secured by this Deed of Trust by reason of any demand made by the original Bonower nor Borsower's successors in interest. 13. Furbeazance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by law, shall not be a waiver or preclude the exercise of any such right or remedy. 14. Remedies Cunnlutive. Each remedy provided in the Note and this Deed of Trust is distinct from and cumula[ive to alt other rights or remedies under the Note and this Deed of Trust or afforded by law or eyuity, and may be exercised concurrently, independently or successively. I5. Successors and Assigns Bound; Joint and Severat~Liability; Captions. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Bonower, subjec[ to the provisions of paragraph 24 (Transfer of the Property; Assumption). Al l covenants and agreements of Bonower shall be join[ and several. The captions and headings of the paragraphs in this Deed of Trust are for convenience only and are not to be used to interpret or define the provisions hereof. 16. Notice. Except for any notice required by law to be given in another manner, (a) any notice to Bonower provided for in this Deed of Trust shall be in writing and shall be given and be effective upon (q delivery to Borrower or (2) mailing such notice by first-class U.S. mail, addressed to Bonower at borrower's address staled herein or a[ such ocher address as Borrower may designate by notice [o Lender as provided herein, and (b) any notice to Lender shall be in writing and shall be given and be effective upon l I) delivery «~ Lender or (2) mailing such notice by first-class U.S. mail, to Lender's address stated herein or to such ocher address as Lender may designate by notice [o Bortower as provided herein. Any notice provided for in this Deed of Trust shall be deemed to have been given to Bonower or Lender when given in any manner designated herein. 17. Governing Law; Severability. The Note and [his Deed of Trust shall be governed by the law of Colorado. In [he event the[ any provision or clause of this Deed of Trust or the Note conflicts with [he law, such conflict shall not affect other provisions of [his Deed of Trust or the Note which can be given effect without the conFlicting provision, and to this end [he provisions of the Deed of Trust and Note are declared to be severable. I8. Acceleration; Foreclosure; Other Remedies. Except as provided in paragraph 24 (Transfer of the Property; Assumption), upon Borrower's breach of any covenant or agreement of Borrower in this Deed of Trust, or upon any default in a prior lien upon the Property, (unless borrower has exercised borrower's rights under paragraph 6 above), at Lender's option, all of the sums secured by this Deed of Trust shall be inunediately due and payable (Acceleration). To exercise this option, Lender may invoke the power of sale and any other remedies permitted by law. Lender shall be entitled to collect all reasonable costs and expenses incurted in pursuing [he remedies provided in this Decd of Trust, including, but not limited to, reasonable attorney's fees. If Lender invokes the power of sale, Lender shall give written notice to "Crustce of such election. Trustee shall give such notice to Bormwer of Bortower's rights as is provided by law. Tmsree shall record a copy of such notice as required bylaw. 'Crus[ee shall advertise the time and place of the sale of the Property, for not less than four weeks in a newspaperof general cuculation in each county in which the Property is situated, and shall mail copses of such notice of sale to Borrower and other persons as prescribed by law. After the lapse of such time as may be required by Imv, Trustee, without demand on borrower, shall sell the Property at public auction to the highest bidder for cash at the time and place (which may be nn the Property or any part thereof as permitted by law) in one or more parcel as Trustee may think best and in such order as Ttvstec may determine. Lender or Lender's designee may purchase the Property at any sale. It shall not he obligatory upon the purchaser at any such sale to see to the application of the purchase money. Tmstec shall apply the proceeds oCthe sale in the following order. la) ro all reasonable costs and expenses of the sale, including, but not limited to, reasonable Trustee's and attorney's fees and costs of title evidence; (b) to all sums sccurcd by this Dccd of Trust: and (c) the excess, il' any, to the person or persons legally cntitted thereto. 19. Borrower's Right to Cure Default. Whenever foreclosure is commenced for nonpayment of any sums due hereunder, the owners of the Property or parties liable hereon shall be entitled to cure said defaults by paying all delinquent principal and interest payments due as of the date of cure, costs, expenses, late charges, attorney's fees and other fees all in the manner provided by law. Upon such payment, this Deed of Trust and the obligations secured hereby shall remain in full force and effect as though no Acceleration had occurred, and the foreclosure proceedings shalt be discontinued. 20. Assignment of Rents; Appointment of Receiver: Lender in Possession. As additional security hereunder. Bortower hereby assigns m Lender the rents of the Property; however, Borrower shall, prior to Acceleration under paragraph l8 (Acceleration; Foreclosure; Other Remedies) or abandonment of the Property, have the right to collect and retain such rents as they become due and payable. Lender or the holder of the Trustee's certificate of purchase shall be entitled to a receiver for the Property after Acceleration under paragraph 18 (Acceleration; Fureclosum; Other Remedicsl, and shalt also be so entitled during the ume covered by foreclosure proceedines and the period of redemption, if any; and shall be entitled thereto as a manor of right without regard to the solvency or insolvency of Borrower or of the then owner of the Property, and without regard to the value thereof. Such receiver may be appointed by any Court of competent jurisdiction upon ex pane application and without notice -notice being hereby expressly waived. Upon Acceleration under paragraph l8 (Acceleration; Foreclosure; Other 1emedies) or abandonment of the Property, Lender, in person, by agent or byjudicially-appointed receiver, shag be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by Lender or the receiver shall be applied, first, to payment of the costs of preservation and management of the Prnpert y, second. [o payments due upon prior liens, and then to the sums secured by this Deed of Trust. Lender and the receiver shall be liable to account only for those rents actaally received. 21. Release. UponpuymentofallsumssecuredbythisDeedo(TrusLLendershallcauseTrusteetnrcleasethisDeedofTrustand shall produce for Trustee the Nole, borrower shall pay al I costs of rerordation antl shall p:ry the statutory Trustee's fees. if Lender shall not produce the Note as aforesaid, then Lender, upon notice in accordance with p:uagraph 16 (Noticel from Bormwer to Lender, shall obtain, az Lender i expense, and lilt any lost instrument bond required by Tnutee nr pay the cost thereof a> effect the release o(this Dccd of 'Crust. 22. Waiver of Exemptions. borrower hereby waives all right of homestead and any other exemption in the Property under state or federal law presently existing or hereafter enacted. 23. Escrow Funds fur Taxes and lnsurance. This paragraph 23 is not applicable if Funds as defined below arc being paid pursuant to a prior encumbrance. Subject to applicable law. Borrower shat! pay to Lender.on each day installments of principal and interest arc payable under the Note, until the Notc is paid in full, a sum (herein referred to as "Funds") equal to of.the yearly taxes and assessments which may attain priority over this Dced of Trust, plus of yearly premium installments for Property Insurance, all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereof, taking into account any excess Funds not used or shortages. The principal of the Funds shall be held in a separate account by the Lender in trust for the benefit of the borrower and deposited in an institution the deposits or accounts of which ore insured or guaranteed by a federal oc state agency. Lender shall apply the Funds to pay said taxes, assessments and insurance premiums. Lender may not charge for so holding and applying the Funds, analyzing said account or verifying and compiling said assessments and bit ls. Le nder shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Deed of Trust. If the amount of the Funds held by Lender shall not 6e sufficient to pay taxes, assessments and insurance premiums as they fall due, 6otrower shall pay to Lender any amount necessary to make up the deficiency within 30 days from the date Haute is given in accordance with paragraph i6 (Notice) by Lender to Burrower requesting payment thereof. Upon payment in full of all sums sccurcd by this Dccd of Trust Lender shalt simultaneously refund to Borrower any Funds held by Lender If under paragraph 18 (Acceleration; Foreclosure:Other 1emedies) the Property is sold or the Property is otherwise acquired by Lender. Lender shall apply, no later than immed lately prior to the sale of the Property or its ncqu isition by Lender, whichever occurs first, any Funds held by Lender at the time of application as a credit against the sums secured by this Decd of Trust. 24. Transfer of the Property; Assumption. 'Chc followine events shall be rcl'crtai m herein as a "Transfer": (i) a vansfcr or conveyance of title (or any portion thereof, Icgal or equitable) of the Propeny (or any patt thereof or interest therein), (ii) the execution of a contract or agreement creating a right to title (or any portion thereof, fecal or cyuitable) in the Property (or any pan thereof or interest therein), (iii) or an agreement granting a possessoryright in the Property for any portion thcmofl, in excess of three (3) years, (iv) a sale nr transfer oF, or the execution of a contract or agreement creating a right to acquire or receive, more than fifty percent (50%^) of the controlling interest or more than fifty percent (50^/^) of the beneficial interest in the borrower, (v) the reorganization, liquidation nr dissolution of the Bnrtower. Nnt to be included as a Tmnsier :ve (il the creation of a lice or encumbrance subordinate to this Dccd of l7ust. lit) the creation of a purchase money security interest for household appliances. or (till a transfer by ckwise, descent or by operation of the law upon the death of a joint tenant. At the election of Lender, in the event of each and every Transfer: (a) All sums secured by this Deed of Tmst shall become immediately due and payable (Acceleration). (b) If aTransfer occurs and should Lender not exercise Lender's option pursuant to [his paragraph 2410 Accelerate, Transferee shall be deemed to have assumed all of the obligations of Borrower under this Dccd of Trust including all sums secured hereby whether or not the instrument evidencing such conveyance, contract or grunt expressly so provides. This covenant shall run with the Property and remain in full force and effect until said sums arc paid in full. The Lender may without notice to the borrower deal with Transferee in the same manner as with the Dorrower with reference to said sums including the payment or credit to Transferee of undisbursed reserve Funds on payment in full of said sums, without in any way altering or discharging the Borrower's liability hereunder for the obligations hereby sccurcd. (d Should Lender not elect to Accelerate upon the occurrence of such Transfer then, subject to (b) above. the mere fact of a lapse of time or file acceptance of payment subsequent to any of such events, whether or not Lender had actual or constructive notice of such Transfer, shall not be deemed a waiver of Lender's right to make such election nor shall Lender be estopped therefrom by virtue thereof. The issuance on behalf of the Lender of a routine statement showine the status of the loan, whether or not Lender had actual or constructive notice of such Transfer, shall not be a waiver or estoppel of Lender's said rights. 25. Bortower's Copy. Borrower acknowledges receipt nl' a copy of the Note and this Dced a(Trust. i Continued on reverse side. C r EXECUTED BY BORROWER. 7 IP BOR G R RSON(sl: SCOTT RICIIThR _. .. doing business as IP BORROWER IS CORPORATION: ATTEST: Nainc ul L'agxiuunn ticerewry (SEAL) IP 60RROWER IS PARfNC-RSIIIP: In' 1Mnncnhip by n eeneral rar~ner S'fAfB OF COLORADO ss. City and cuulvn'ul' T)anvar ;' The foregoing instrument was acknowledged before me This 7 h th day of Fahrnar~ 19 25_ . by" RRnTT RTCHTRP.. Witness my hand and ol'licial seal. D1y commission expires: ~ n ~nhe LINDA R, HUII. ~ ~ NOTARI' PUBLC "hlr.'aa STATE OF Ci)LUR,4D0 iUy Ccolmissier, E;:p;res 2{ 97 ' II a n.nmul ferwn er paaim, nnrn lhv nmuear al .ndi Prn~inni II a unpunninn. imen, tm ra.unpl<.'7ebn the a. Hradom and lane Ue n tivuelan ut the K C'a v L'alee.Wn cugHmmun "Ila rymnnnbga, inwn. Inr eaumpla, "Sun lmnh a. ca~xa•d Pannar in and tai 5mnh R Snmh ,. a+l Panunahga.. Z F O W A 2 w o W ~~ W _ ~ F ~ ~, r^ 6 Z (_Vl C 1~ O ' O ~ r _ j Q r ` F U Is: U c >. a F o t ~ 6 U r a ~. 1 W ~ _ s x L L ,_ ~~ F., ~ ~ z L C V c ~ I'rcvdcm ~i T d 4 V Q .! ~~ J ~~ ~ ~4 5©vT~.~~~L~~4TIr~N Attn: Shawn McCartney Dear Mr. McCartney, I am withdrawing my proposal for change of variance therefore would like my fifty dollars refunded. Si erel , Sco t Richter M E M O RAND II M TO: Treasurer's Office FROM: Sean McCartney ~~~ RE: Variance Application Refund DATE: June 27, 1995 Please refund $50.00 (receipt #5620) to the following individual, who applied for a variance to the Sign Code on April 24, 1995, then recently decided to withdraw his request: Scott Richter Great Scott's Eatery 4105 Wadsworth Blvd. _ Wheat Ridge CO 80033 Thank you for your assistance in this matter. slw -500 WEST 2~TH AVENUE P.O. BOX 638 WHEAT-RIDGE. CO 80034-0638 j3031234-5900 City Admin. Fax;, 234-5924 Police Dept. Fax # 235-2949 The City of Wheat Ridge PUBLIC HEARING POSTING REQUIREMENTS Applicants are required to post a NOTICE OF PUBLIC HEARING before all Board of Adjustment, Planning Commission and City Council meetings. Signs will be provided by the Department of Planning and Development. One sign must be posted per street frontage. In addition, the following requirements must be met: ^ The sign must be located within the property boundaries. ^ The sign must be securely mounted on a flat surface. ^ The sign must be elevated a minimum of thirty (30) inches from ground. ^ The sign must be visible from the street without obstruction. ^ The sign must be legible and posted for fifteen (15) continuous days prior to and including the day of public hearing. It is the applicant's responsibility to certify that these requirements have been met and to submit a completed Posting Certification Form at the public hearing. c:~wpti0~fil es~posti ng.frm e5 «~~~ ~~ r~~e v~~n~~~ ZONING AND DEVELOPMENT § 26401 ARTICLE N. SIGN CODEt Sec. 26.401. Intent and purpose, The intent and purposes of this article are: (1) To protect the public from signs which are structurally unsafe; (2) To promote traffic safety and the Cree move- ment of traffic, and protect the public from the hazardous conditions which result from signs that obscure or distract the vision of motorists, bicyclists and pedestrians; (3) To facilitate easy, safe and pleasant com• munication between people and their sur- roundings; (4) To conserve the character and economic value of buildings and neighborhoods; (5) To provide a balance between legitimate identification and advertising needs and the visual discord which signs sometimes cause, •Editor's aote_The Subdivision Regulations aarrently in place in the city remain uaaRected by this Zoning Code, said regulations having been adopted ae Ordinance No. 672, Series of 1986. Upon readoption, the Subdivision Regulations shall be codified as Att. III to Ch. 26. tEdttor'a note-The Siga Code currently in place in Ehe city remain unaffected by this Zoning Code, said Sign Code having peon adopted as Ordinance No. 225, Series of 1976, as amended. Upon readoptian, the Sign Cade shall be codified as Art. IV to Ch. 26. Supp. No. 7 1827 § 26-401 WHEAT RIDGE CITY CODE and to provide a sense of balance or propor- tion between a sign and the building or property which it serves; (6) To encourage the erection of signs which aze legible in their surroundings, compat- ible with the visual chazacter of the sur- roundingarea, appropriate to the activities identified; and (7) To ensure that adequate and effective ad- vertising signage opportunities exist within a regulatory framework which protects the constitutionally guaranteed right of free speech. (Ord. No. 1991-860, § 1, 5-2-91) Sec. 26.402. Supersession. The terms and provisions of this article shall prevail in the event of any conflict between the provisions hereof and any ordinance of the city heretofore enacted. (Ord. No. 1991-860, § 1, 5-2-91) Sec. 26.403. Definitions. For the purposes of this article, the following words and phrases shall have the meanings re- spectively ascribed to them by this section: Animated sign. A moving sign that utilizes mo- tion, implied or actual, in a horizontal or vertical plane or both. The only animated type of signs that are permitted are "time and temperature" and "bazber pole" signs. Arcade sign. Any sign projecting beneath and attached to the underside of any balcony, canopy, awning or other structural overhang or pas- sageway. Artistic mur¢Z or sculpture. A freestanding statue or sculpture or a graphic illustration or design,'or an architectural design or relief applied directly to or incorporated within a wall of a building, which does not advertise or promote a particular business, service or product. A com• pany, Grm, association, society, etc., logo is not considered within the scope of this definition and is considered a sign. Awning. A movable shelter supported entirely from the exterior wall of a building add/or a type which can be retracted against the face of the sup- porting building. Billbo¢rd. Any sign in excess of fifty (50) squaze feet in size utilized to advertise a product or ser- vice that is not produced or conducted on the same property as the sign. Building front. The exterior wall(s) of a building facing a public street or streets or other public right-of--way other than alleys, or one exterior wall containing the primary entrance to the building if not directly facing upon a public street. Bulletin bo¢rd. A sign which announces meeting times or special events of public interest such as a church service, civic meeting or similar event. (See section 26.410(c)) C¢nopy. A roof-like structure serving the pur- pose ofprotecting vehicles and/or pedestrians and which may be freestanding or attached to a building, is provided with supports, and is open on three (3) sides if attached and on all sides if freestanding. Change¢ble copy sign. A sign, either iIlumi- nated or nonilluminated, which is designed so that the message or any part of the message may be periodically changed, either mechanically or elec tronically, however, where a change in message occurs no sooner than every fifteen (15) seconds. Any sign wherein the message changes sooner than fifteen (15) seconds shall be considered a flashing sign. Deoelopment. A single lot, pazcel or tract of land or portions or rnmbinations of lots, parcels or tracts of land which are held in single or common own- ership and which exist as a distinct functional entity. Multiuse buildings and multiple building complexes which are held in singular or common ownership, either by individual, corporation, part- nership or other legally recognized entity, shall be considered a "development" for the purpose of signage. Erect. To build, construct, attach, hang, place, suspend, affix, relocate or reconstruct any sign or sign-supporting structure. Flashing sign. A sign that is illuminated with intermittent lighting, animated lighting or with varying intensities of fight at intervals of fifteen Supp. No. 7 1828 ZONING AND DEVELOPMENT (15) seconds or less, including a moving light or lights. Freestanding sign. A sign that is permanent and self-supporting, being nondependent on support from a building or other structure, including signs placed upon fences or nonsupporting walls. Illuminated sign. A sign that is jjlnm;nated with constant intensities of light of a nonvarying na- ture. There are three (3) types of ill++**+~*+ated lights as follows: (1) Direct. Lighting by means of an unshielded light source which is effectively visible as a part of the sign. Neon lighting is consid- ered direct lighting. t2) Indirect. Lighting which illuminates the Front of a sign or the entire building facade upon which the sign is displayed, the source of the light being shielded from public view and from surrounding properties. Indirect illumination does not include Ighting which is primarily used for purposes other than sign illumination, such as paz]dng lot light. (3) Internal. Lighting by means of a light source which is within a sign having a translucent background and which silhouettes opaque letters or designs, or lighting within or be- hind letters or designs which are them- selves made of translucent or opaque ma- terial. Informational sign. Afreestanding orwall-type sign, not located within public streetright-of--way, which gives necessary direction or nonadvertising information to motor vehicle operators or pedes- trians, such as entrance, exit, pazlting limitations or Iocation of on-site buildings or facilities. A com- pany logo or name no larger than one (1) squaze foot may be included on each such permitted sign. I.ot. A tract, building site, parcel or portion of land separated from other pazcels or portions by description, as on a subdivision plat of record or survey map or by metes and bounds, for the pur- pose of sale, lease or use. Nonconforming sign. A sign which does not con- form with the regulations set forth in this article, but which did meet the requirements of the reg- ulations existing at the date of its erection. § 26403 Off-premises sign. Any sign, fifty (50) square feet or smaller, which advertises or directs atten- tion to a business, commodity, service or activity conducted, sold or offered elsewhere other than on the property which the sign is located. Painted sign. A sign that is painted directly onto the exterior surface of a building, wall or struc- ture. Political sign. A noncommercial sign, which is exempt from permit requirements, erected or placed so as to advertise, announce, declare or state a political message, whether relating to a political campaign or election or any other issue of public concern which is protected by the First Amendment's right of free speech. Portable sign. Any sign which is supported by one (1) or more uprights or braces upon the ground and which is of portable design. Projecting sign. A sign which is a[l'ixed to any building, wall or structure and which extends be- yond the building wall more than fifteen (15) inches. Public information sign. A sign giving only in- formation about public places owned and oper- ated by federal, state or local government. Public sign. An official sign that is required by law or ordinance or is necessary for public infor- mation. Revolving sign. A sign utilizing an axis point to pivot the sign surface. Revolving signs are specif- ically prohibited. Roof sign. A sign erected, constructed and main- tainedabove the eaves and attached to the roof of a building. Roof signs are specifically prohibited. Semipublic sign. A sign giving information as to church location, educational institutions or ser- vice club locations. Sign. Any object or device or part thereof situ- atedoutdoors or indoors, viewed from outdoors by the general public, and which object or device ar the effect produced thereby is used to advertise, announce, identify, declare, demonstrate, display, instruct, direct or attract attention by means in- sunp. ~o. 13 1829 § 26-403 WID;AT RIDGE CITY CODE cluding, but not limited to, words, letters, figures, designs, fixtures, colors, motion, illumination, sound or projecting images. Sign permit. A building permit issued for the erection,construction,enlargement,alteration,re- pair, relocation, improvement, removal, conver- sion or demolition of any sign issued pursuant to the building code of the city or this sign code. Sign structure. Any supports, uprights, braces or framework of a sign which does not include any portion of the sign message. Street frontage. For the purpose of signage, frontage upon a street is obtained by ownership, easement or leasehold only if used for vehiculaz access to the property, or if not used for vehiculaz access, only if such street frontage is at least fifty (50) feet in width. Where the regulations allow "one sign per street frontage," the intent is that the sign allowed is placed upon or facingthe street, unless specifically otherwise permitted. Surface area of sign. The total azea enclosed by the shortest line that can be drawn around the entire sign, including anpazchitectural embellish- ment or background material or color forming an integral part of the display and used to differen- tiate the sign from its surroundings. Sign support structures which do not beaz advertising material shall be excluded in computation of sign azea. Signs without backing (i.e., freestanding, pro- jecting, F.•frame or pedestal signs) are allowed the maximum squaze footage for each side for double- faced signs; however, signs having more than two (2) sides or faces shall not exceed the total face azea allowed for adouble-faced sign. Temporary sign. Any sign, banner, pennant, val- ance orother outdoor advertising sign constructed of light fabric, cazdboard, wallboazd, plywood, sheet metal, paper or other light materials, with or without a frame, intended or designed to be displayed for a limited period of time. Unlawful sign. Any sign or outdoor advertising device erected in the absence of a permit required by this article, or in violation of any of the limi- tations, prohibitions or requirements of this az- ticle. Unsafe sign. Any sign or advertising structure found unsafe or insecure or creating a hazard or menace to the public safety, health and welfare. Wall sign. A sign constructed of durable mate- rials or painted and which is permanently affixed to an exterior surface of any building, wall or struc- ture and which does not extend more than fifteen (15) inches beyond the building wall, except that signage placed upon marquees, canopies or aw- nings shall be considered as wall signs. (Ord. No. 1991.860, § 1, 5.2-9I; Ord. No. 1994-967, § 1, 5-23-94) Sec. 26.404. Enforcement and penalties. Enforcement and penalties shall be in accor- dance with those provisions set forth in section 26-2. Tn addition to any remedies set forth in sec- tion 26-500 et seq., specific authority is granted to the enforcement officer to remove, or have re- moved, the following signs after posting of a no- tice at least twenty-four (24) hours prior to re- moval upon the premises where such sign(s) is Iocated: (1) Signs which are prohibited pursuant to sec- tion 26-409(2), (3), (5), (8), (10) or (11). (2) Unlawful "temporary" or "portable" signs as defined in section 26-403. (Ord. No. 1991-860, § 1, 5.2.91) Sec. 26-405. Contractor's license required. (a) No person shall engage in the business of installing, altering or repairing any sign within the corporate limits of the city unless he is the holder o£ a currently valid, city sign contractor's license, except far those signs exempt from permit. (b) A license contractor's fee of fifty dollazs ($50.00) shall be paid at the office of planning and development. (c) The mayor shall have the power to suspend ar revoke the license of any holder of a sign li- cense issued pursuant to this article, in accor- dance with the provisions as set forth in the building code of the city. (See chapter 5 of this Code of Laws for related provisions.) (Ord. No. 1991.860, § 1, 5.2.91) Supp. !~o. 13 1830 ZONING AND DEVELOPMENT Sec. 26.406. Permit required. f a) No sign or modi&cation to an existing sign shall be erected, placed or displayed outdoors within the city limits until a permit for such sign has been issued by the city, unless such sign is exempt from a permit in accordance with section 26-407 of this sign code. § 26A06 Suop. No. 13 1830.1 ZONING AND DEVELOPMENT (b) An application, accompanied by a scale drawing, for each separate sign permit shall be made to the department of planning and develop- ment on aform supplied by the department. Such applications shall set forth the name and address of the applicant; the location where such sign is to be erected or Iocated; the name, phone number and address of the owner of the property; the size, height, type and general description of such pro- posed sign, including the materials of which it is constructed; the sign contractor's name, phone number and address and such other pertinent in- formation required or deemed necessary by the department to determine the sign's safety and con- formance to this article. A plot plan of the lot or parcel shall accompany the application and shall show the location of the proposed sign and the location, type and size of other signs which exist upon the lot. The mere application for a sign permit does not assure that a permit will be is- sued; therefore, it is advised that signs not befab- ricated, constructed or purchased prior to issu- ance of a sign permit. (c) Fees far the erection of signs shall be estab- lished by the city council aad set forth in this Code of Laws, eIragter 5. Permit fees• and city use• tax will be waived where a nonconforming sign is removed and replaced by a sign coafb*+•+~ with these regulations. (Ord. No. 1991-860, § 1, 5.2-91) Sec, 26.407. Signs exempt from permit re- quirement. The following aze exempt from application for permit; however, they are subject to all other pre- visions of this sign code: (1) FIags, placards, banners, badges, insignias or similar devices of any governmental agency or civic, charitable, religious, patri- otic, political, fraternal or similaz nonprofit organization, when located on their own pre- mises or displayed along a mazch of any parade or in sockets along any street during a fund-raising drive or other similar spe- cial event. Any such devices to be placed within public right of-way may only be ap- proved by city council. § 26407 (2) A bulletin boazd erected by any govern- mental, fraternal, civic, religious or service organization or club for the purpose of an- nouncing its presence and the time and place of its regular meetings or special events. (See section 26.410(c).) (3), Signs required by regulation or statute of the federal, state or municipal government. (4) Real estate signs erected for the advertising of the prospective sale or rental of property on which it is maintained, when in eeiaform- ance to this article: (See section 26-410(n).) (5) A sign advertising individual roams for rent within a rooming and boardinghouse, if it does not exceed two (2) square feet of dis- play surface. (6) A wall sign on a residence building stating the name and profession or occupation of the occupant therein when associated with a permitted home occupation which allows signage. (7) One (1) temporary construction sign per use per street frontage which advertises the pro- posed new use of the premises or any number of signs which are necessary for safety on the premises or on a temporary protective fence around a building being constructed•,. repaired, altered or demol- ished; provided, that the area of each sign does not exceed thirty-two (32) square feet and is no higher than twelve (12) feet. (See section 26.410(n).) (8) Temporary signs attached to door or window areas announcing special sates and features for a period of two (2) weeks in advance and during such special sales and featurea; pre• vided, that the signs do not exceed fifty (50) percent of the window area, (9) A sign located inside of a building, even if it is visible from outdoors; provided, that such sign does not obstruct more than fifty (50) percent of the window area and that bhose signs which advertise temporary uses such as rummage sales, gazage sales, open houses are located on private property. Supp. No. 7 1831 § 26407 WHEAT RIDGE CITY CODE (10) Political campaign signs and temporary pro- duce sales signs, when in accordance with this article. (See section 26.410(n).) (11) House or building address number signs. (12) Informational signs which aze accessory tc the primary use (i.e., "restrooms," "no smoking," "wheel chair entrance," etc.), or directional (i.e., "in," "out," "ramp," "drive- thru," etc.) aze exempt from a sign permit subject to the following standards: a. Size shall not exceed four (4) squaze Feet per side; b. May be wall-mounted, freestanding or attached to other freestanding signs or canopies, but shall not be counted against the allowable size of another type of permitted sign; c. May be illuminated by internal lighting only, if freestanding type; and d. If freestanding, shall not exceed forty-two (42) inches in height if within a required site distance triangle, or forty-eight(48)inches where outside of a sight distance triangle. (13) Temporary signs as permitted under sec- tion 26-410(n). (Ord. No. 1991-860, § 1, 5-2-91) Sec. 26.408. General provisions. (a) Nonconforming signs. The lawful use of a sign existing at the effective date of the ordinance from which this article is derived may be con- tinued, although such use does not conform to the provisions of this article, subject to the, following provisions: (1) Rebuilding, enlargement, relocation, exten- sion, replacement or reconstruction of a non• conforming sign is not permitted unless such sign is brought into conformance with this article. (2) In the event the use of a nonconforming sign is discontinued for a period of aixty (60) consecutive days, the nonconforming sign shall thereafter conform to the provi- sions of the zoning district in which it is located or be removed. For the purpose of this section, the term "discontinued" shall apply to uses which customarily operate on a wntinuous basis versus a seasonal basis. Seasonal uses shall be subject to a twelve- month period of nonuse prior to requiring full compliance with these regulations. (3) A nonconforming sign that is destroyed or damaged more than fifty (50) percent of its net worth due to natural causes may not be reconstructed except in accordance with the provisions of this article; however, any sign destroyed or damaged to any extent by van- dalism may be rebuilt to its original state within six (6) months or in conformance with this article. (4) Normal maintenance such as painting and message replacement within sixty (60) days of prior use which does not require modifi- cation of the sign structure, supports or members shall be permitted. (5) In order to provide an incentive for removal of nonconforming signs, permit fees and city use tax will be waived were a noncon- forming sign is removed and replaced by a sign conforming with these regulations. (b) Discontinued business, etc. Whenever a use of land andlor building using an identification sign is discontinued, except for seasonal uses pursuant to subsection (a)(2) above, the sign shall be re- moved orobscured bythe person owning the prop- erty within thirty (30) days after the discontinu- ance of such use. Any such sign which is nonconforming to these regulations and which is not used to advertise an active business within sixty (60) days of discontinuance shall be removed or otherwise brought into compliance. (c) Remov¢l or reconstruction of d¢ngerous signs. All signs which are prohibited by section 26.409 below, relating to obstruction to view at street intersections, and all illuminated signs that are erected in such a location that a traffic signal light is'in a direct line between the sign and oncoming traffic, and all signs that employ a lighting or control mechanism which causes radio, radar or television interference, and any sign so erected, constructed or maintained as to obstruct or be at- tached to any fire escape, window, door or opening Supp. No. 7 ~ 1832 ZONING AND DEVELOPMENT used as a means of egress or ingress or for fire- fightingpurposes or so placed as to interfere with any opening required for light or ventilation, and any other signs that are unsafe or dilapidated shall conform to the provisions of this article either by removal or reconstruction, whichever applies, within sixty (60) days after the owner of such sign is notified of the violation. (d) I,oc¢tion of cert¢in signs. All signs, except billboazds, off-premises signs, public signs, semi- public signs and public information signs, allowed by this article shall be located on the lot for which they advertise. (e) Attachment to public structures. Attachment of any sign to utility poles or other poles or struc- tures within public right-of--way is prohibited, ex- cept as approved by city council pursuant to sub- section 26.407(1). (fl Conformance to building code. The design of all sign structure members and foundation shall conform to the requirements of the building code relative to aIIowable stresses, materials and en- gineering standazds. Loads, both vertical and hor- izontal, shall net produce stresses exceeding those specified in the building code, and material con- struction shall be of the quality and grade re- quired by the building code. All signs and struc- tures shall be designed and constructed to meet the Uniform Building and Electrical Code require- ments. (Ord. No. 1991-860, § 1, 5-2-91) Sec. 26.409. Prohibited signs. The fallowing signs are prohibited: (1) Any sign which would violate the sight dis- tance triangle requirements of section 26- 30(I)(2). (2) Any sign which, even though in general conformance with the .standards and re- quirements of this sign code, is judged by the chief of police and public works director as a dangerous sign due to interference with a traffic control device by being in direct line between the control device and on- coming traffic or otherwise in visual com• petition with a traffic control device. § 26409 (3) Any sign that is erected in such a location as to interfere with motor vehicle traffic. (4) Any sign employing a lighting or control mechanism which causes radio, radar or television interference. (5) Any sign so erected, constructed or main- tained as to obstruct or be attached to any fire escape, window, door or opening used as a means of egress or ingress or for fu•e- fighting purposes, or any sign so placed as to interfere with any opening required for light or ventilation. (6) Flashing signs and seazchlights. (7) Animated signs, including revolving, whirling, twirling or any other sign which uses motion, either implied or actual, ex- ceptthat bazber poles not exceeding five (5) feet in length and not roof-mounted and time and temperature signs are permitted. (8) Structurally unsafe signs as determined by the chief building official, based upon cri- teria established in the adopted Uniform Building Cade and/or Uniform Code for the Abatement of Dangerous Buildings. (9) Roof signs. (10) Wheeled advertising devices,exceptforcur- rentlylicensed, operative vehicles which are primazily used by its owner for service, de- livery or general transportation on a reg- ular basis. (11) Any merchandise displaced outside of a building in such a way as to attract atten- tion when viewed by the general public by placement upon a pole, a fence, a platform, roof or other similar device or structure shall be considered as a sign and is hereby prohibited. This shall not, however, be con- strued to prohibit merchandise customarily stored outside of buildings and placed upon shelves or tables, such as automobiles, campers, boats, plant materials, produce or lumber. (Ord. No. 1991.560, § 1, 5-2-91) Supp. No. 7 1833 § 26-410 WHEAT RIDGE CITY CODE Sec. 26.410. Permitted signs; specifications (6) Maximum height in PRD District, with and regulations. commercial uses and for commercial uses (a) Animated. Size of sign is based upon the only, twenty-five (25) feet. sign type (i.e., freestanding, wall or projectingl. (7) Must be set back a minimum often (103 feet See subsections (e), (i) or (o) below. from any property line. (b) Arcade: (1) Nonresidential uses and Class II home oc- cupations only. (2) Maximum height, bottom of eave, balcony, canopy, awning or other structural over- hang orpassageway to which it is attached. (3) Minimum height, seven (7) feet above grade (4) Maximum one (1) per building entrance for nonresidential uses; only one (1) per each residence for Class II home occupations. (5) Maximum azea, four (4) square feet for non- residentiaiuses, two (2) square feet for Class II home occupations. (e) Bulletin boards: (1) Nonresidential, nonagricultural and multiple-family uses only, as specified under section 26-407(2). (2) Maximum area, thirty-two (32) squaze feet. (3) Maximum height, eight (8) feet. (4) Maximum one (1) per street frontage. (5) Must beset back a minimum often (10) feet from any property line. (d) Freestarzdirz~-Residential districts (1) Permitted only for nonresidential, nonagri• cultural and multiple family uses. (2) Maximum sign area is two (2) square feet for each one thousand (1,000) squaze feet of lot area, with a maximum of thirty-two (32) square feet per sign. (3) Maximum of one (1) per street frontage. (4) Maximum height in R-1, R-lA, R-1B, R-1C, R-2, R-2A and A-1, districts, six (6) feet. (5) Maximum height in R-S, R-3A, and PRD districts, without commercial uses, twelve (12) feet. (8) May be illuminated. (e) Freestanding-Nonresidential districts: (1) Maximum height: Twenty-five (25) Feet; pro- vided, that signs for retail and service busi- nesses within one-quarter mile of an inter- state highway, that are oriented to the interstate highway, aze permitted one (1) freestanding sign up to fifty (50) feet high. Any other permitted freestanding sign shall not exceed twenty-five (25) feet in height. (2) Maximum number of signs per develop- ment: One (1) per street Frontage, not to exceed two (2) per development, except as may be permitted by a master sign plan pursuant to section 26.411. Where two (2) freestanding signs are per- mitted byvirtue of multiple'streetfrontage, the sign azea allowed may be transferred from one (1) sign to another; provided, that such transfer does not allow the larger sign to exceed one hundred fifty (150) percent of the maximum azea allowed based upon building azea. Additionally, the sign area allowed for the smaller sign shall be re- duced two (2) squaze feet for each one (1) square foot transferred (e.g., two (2) signs are allowed on a corner lot up to one hun- dred (100) squaze feet each. One sign could be increased to one hundred fifty (150) square feet; however, the other sign's azea was transferred 2 for 1, therefore, the other sign would not be allowed.) (8) Sign setback requirements: a. From adjacent properties-Ten (10) feet where adjacent to residential-zoned properties; no setback where adjacent to nonresidential-zoned properties. Where a sign exists on an adjacent property and that sign is within twenty (20) feet of the proposed location of a new sign on the adjacent property, an Supp. No. 7 1534 ZONING AND DEVELOPMENT ~ § 26.410 offset, either vertical or horizontal, five (25)feet high, and thirty (30) feet shall be required such that the existing for signs over twenty-five (25) feet high. sign is not visually blocked by the new (See section 26.30(I).) sign. (4) Landscaping requirement: Far new devel- b. From street right-of--way-Five (5) feet opment or total redevelopment, all free- for signs under seven ('n feet high, ten standing signs shall be placed within land- (1D) feet for signs seven i7) to twenty- soaped areas. (5) Maximum sign azea: Based upon the following table. Floor area of Building 0-1,50D s.f. 1,500-5,000 s.f. 5,000-50,000 s.f. Over 50,000 s.f. MAXIMiJM SIGN AREA* (Squaze Feet = s.f.) Single Use Development Multiple Use Development 35 s.f. 6D s.f. 35 s.f. plus 1 s.f. per each addi- tional 50 s.f. of floor azea over 1,501. 100 s.f. plus 1 s.f. per each ad- ditional 500 s.f. of floor azea over 5,001. 60 s.f. plus 1 s.f. per each addi- tional 40 s.f. of floor area over 1,501. 150 s.f, plus 1 s.f. per each 300 s.f. of floor area over 5,001. 190 s.f. plus 1 s.f. per each ad- ditional 1,000 s.f. of floor azea over 50,001 up to a maximum size of 300 s.f. 300 s.f. plus 1 s.f. per each ad- ditional 1,000 s.f. of floor azea over 50,001 up to a maximum size of 400 s.f. *Freestanding signs for retail or service business located within one-quarter mile of interstate highways, that are oriented to the interstate highway, will be allowed a fifty (50) percent increase in area for one (l) freestanding sign per development. All other permitted freestanding signs shaII meet the standard area requirements. (f) Illuminated: (1) Within one hundred (100) feet of a residen- tial structure, indirect or internal lighting only. (2) Over one hundred (100) feet from a residen- tialstructure, any type of lighting source is allowed, except search or flashing lights, provided that it shall be shaded, shielded or directed so that the light shall not ad- versely affect surrounding premises or safe vision on public or private roadways, in- cluding highways. (g) Off-premises sign: (1) Permitted only on commercial or industrial zoned property; (2) Freestanding type of sign only; (3) Maximum size: Fifty (50) square feet; (4) Maximum height: 'I~venty-five (25) feet; (5) An off-premises sign counts toward the al- lowed number of freestanding signs for the property where the sign is located; and (6) Maximum number ofoff-premises signs for any one activity equals two (2). Supp. No. 13 1835 § 26.410 WfIEAT RIDGE CITY CODE (h) Portable: d. Fence or wall-incorporated-type signs (1) "A"-frame or pedestal style only. may be placed parallel with and at property line following the same height (2) Maximum azea: Six (6) square feet. and sight distance requirements as for (3) One (1) er street fron a wall or fence. p tage, but no more than two (2) per development. (2) Temporary model home signs: (4) Must be set back a m=*++mum often (10) feet a. One (1) per model home; from any street right-of--way line if over b. Not to exceed twelve (12) square feet forty-two (42) inches or two (2) feet if under each and not over six (6) feet in height forty-two (42) inches high. if a freestanding type; and c. Must be set back from property lines a (5) Must be anchored to the ground orweighted minimum of ten (i0) feet.. sufficiently to prevent movement by force (m) Semipublic: of wind. (i) Projecting: (U Maximum azea: Six (6) square feet per sign. (1) Maximum height: Top of wall or pazapet; (2) Maximum number: Two (2) per activity. not to be roof-mounted. (3) May be located off-premises with approval of the property owner. (2) Maximum projection: Ten (10) feet and, in any event, not within ten (IO) feet of the (4) May be located within public right-of--way property line or street right-of--way. if approved by either the city public works director, if a city street, and by an appro- f3) Maximum size: One (1) square foot for each priate State of Colorado official, if a state one (I) foot of height of the building wall to highway; provided, however, that such pro- which the sign is to be attached. posed sign will not pose a potential hazard (4) Projecting and wall sign not permissible on ~ motorists or pedestrians and that such same wall. signs will not block the view of any official public signs. (5) Maximum number: One (1) per street (n) Tem ora p ry' frontage. (j) Public: Direction and other official signs or (1) Temporary signs are prohibited upon public notices within the right•of--way that aze required rights•of=way and must comply with sight distance triangle requirements of section or authorized by law only. 26-30(I)(2). Where it is difficult to deter- (k) Public in formation: With the approval of the mine the public right-of--way boundary due director of planning and development. to lack of curb, gutter and/or sidewalk, or (1) Residential subdivision signs: survey markers, such boundaries shall be presumed to be ten (10) feet from the edge (1) Permanent identification signs: of pavement or back of curb. Where aside- a. One (1) for each street frontage; K'~k exists, such boundaries shall be pre- b. Nat to exceed twenty (20) square feet sumed to be two (2) feet from outside edge in area or six (6) feet in height; of sidewalk. Temporary signs found by an Freestanding-type signs must be set c enforcement officer to be located within city . back onto the property a minimum of right-ofway or'in violation of sight triangle unless incorporated into a ten (10) feet requirements shall be removed by such en- , traffic island entrance, then twenty- forcement officer with no requirement of five (25) feet back from face of street notice. curb and three (3) feet from edge of (2) Construction signs shall not exceed traffic island. thirty-two (32) square feet and twelve (12) Supp. \o. 13 1836 ZONING AND DEVELOPbfENT feet in height. One per street frontage al- lowed between time a building permit is issued and a certificate of occupancy is ob- tained. (31 Political signs may be located on private property only by permission of the land- owner and if located in commercial and in- dustrial districts aze not to exceed sixteen (16) square feet; or if located in any other zone district, shall nat exceed eight (8) squaze feet. (4) For sale or lease signs shall not be illumi- nated and shall be no lazger than nine (9) square feet for one-and two-family dwelling residential uses and no lazgerthan fifty (50) squaze feet for all other uses. One per street frontage allowed. (5) Banners are permitted for any nonresiden- tially zoned or used property to advertise special events or sales subject to the fol- lowing provisions: a. May be placed upon a building wall or roof or a fence but shall not be attached to landscaping, freestanding posts or utility poles. b. The total size allowed for any single banner or total combination of mul- tiplebanners shall be determined using the same criteria that applies to wall signs. If the banner is to be affixed to a fence, size shall be the same as if it was attached to the nearest adjacent building wall having street frontage. c. Any banner that becomes discolored, ragged, shredded, detached, etc., shall be removed or repaired. (6) Pennants, streamers and similaz devices, and balloons or other inflatable devices, shall be permitted upon nonresidentially zoned or used properties only, subject to the following provisions: § 26.410 to thirty (30) days or two (2) times per year for up to fifteen (15) days each time. b. Such devices shall be securely anchored or attached so as to prevent disloca- tion, entanglement or encroachment onto adjacent properties or public streets, or undue hazard to motorists or pedestrians. c. Rcof mounting is permitted. d. Notwithstanding the provisions of sub- section 26-407(13), signs regulated pur- suant to this subsection 26.410(n)(6) shall be required to obtain a tempo• rary sign permit. (7) It is not the intent of these regulations to prohibit or unreasonably regulate or to re• quire permits far the legitimate display of traditional winter holiday season decora- tions; provided, however, that such display occurs between November 15 (yeaz-end) and January 15 (new-yeaz), and provided that such decorations or display is installed and maintained in a safe manner. (o) Wal! or painted.• (1) Maximum azea to be no lazger than two (2) squaze feet for every linear foot of the side of the building to which it is affixed. Signs affixed to attached or detached canopies and marquees or awnings shall be considered wall signs and shall be calculated based upon the length of the wall to 'which they aze attached or adjacent to. Each ground floor tenant or use shall have the right of wall signage upon any wall which fronts upon a public street, or if not fronting upon a public street, upon any wall which fronts upon a major interior drive having direct access to a public street. For uses which have a rear entry or delivery dcor, one (1) nonilluminated wall sign per use, not to exceed ten (10) square. feet, is permitted. For buildings with flat roofs, wall signs shall not extend above the top of parapet or mansard, and if placed upon a parapet or mansard, shall not extend more than three (3) feet above the deck line. (2) a. Any one or a concurrent or successive (3) combination of pennants, streamers or balloons or other inflatable devices shall be permitted to advertise special events or sales one time per year for up Supo. No. 13 1837 § 26-410 WFD;AT RIDGE CITY CODE (4) May not extend more than fifteen (15) Sec. 26-412. BiIIboards; specifications and inches beyond the surface of the wall and regulations. may not extend beyond the side of the wall. (a) General prooisions: (5) Commercial, industrial, multiple-family, {1) For the purpose of this subsection, the city public and semipublic uses only. is divided into two (2) billboazd districts, (Ord. No. 1991.860, § 1, 5-2.91; Ord. No. 1994-960,- B-1, and B-2, as shown on the official bill- § 1, 4-11-94; Ord. No. 1994-967, § 2, 5-23-94) board zoning map of the city and incorpo- rated herein as figure 26.IV-1. Sec. 26.411. Master sign plan. (a) The planning commission may approve a master sign plan for planned developments of any size and for any existing or proposed business center or office complex of at least two i2) acres or more in size which aze under unified control ei- ther by ownership, legal association or leasehold. (b) The intent and purpose is to encourage welI- planned and designed signage within a lazge mul- tiple building or multiple use complex which ex- presses unification and integration by elements of architectrucal style, size, color, placement and lighting while at the same time allowing for rea- sonable individual business identification. An ad- ditional purpose is to encourage the elimination of existing nonconforming signs. The planning commission may grant as a bonus forwell~esigned plans up to a one hundred (100) percent increase in the number of signs and/or fifty {50) percent increase in maximum squaze footage, anci/'or may permit signs in locations other than normally per- mitted, based upon a finding that the proposed master sign plan substantially meets the intent and purpose of this subsection relating to unifica- tion and integration of signage. (c) Once approved at a public hearing by plan- ning commission, all master sign plans shall be recorded with the Jefferson County recorder's of- fice and shall constitute a covenant and must be complied with by all owners, proprietors, lessees or assigns, whether current or future. No substan- tial vaziation from the plan shall be permitted without planning commission approval. Approval procedures under this provision shall be subject tc those requirements for a conditional use, as set forth in this Zoning Ordinance, section 26-6(A). (Ord. No. 1991-860, § 1, 5.2-91) (2) Billboard structurse are allowed in the city as provided by this section; provided, that any billboard proposed to be located, relo- cated or rebuilt within six hundred sixty (660) feet oftheright-of--way line of any state or federal highway is additionally approved by the state in writing and that such written approval is made available to the depart- ment of planning and development. (3) Setbacks shall be as required fora prin- cipal structure in the zoning district where located. (4) Roof billboazds are not allowed. (5) All new billboards shall be of the pedestal type, unless prohibited by soil conditions as certified by a professional engineer. (6) Existing billboards are to be maintained in a neat and safe condition; provided, that no existing billboazd may be rebuilt or replaced except in conformance to these regulations; and provided, that when, in the opinion of the building inspector, the safety of an ex- isting billboard is questionable, the bill- board owner shall either remove the bill- board within thirty (30) days of notification or shall furnish a certificate from a Colorado-registered professional engineer with a specialization in civil, structural or mechanical engineering certifying to its safety. (b) B-1 district: (1) Maximum number of structures equals thirty-five (35), the number' of structures existing as of April 1, 1976. (2) The only Iocations allowed shall be those exact locations of existing billboards on lo- cation as of April 1, 1976. Supp. No. 13 1838 7.ONING AND DEVELOPMENT (3) Maximum size and height of each billboard equals the exact size of each billboard as of April 1, 1976. It is the intent of this sub- sectionthat existing billboards which have served their useful life as evidenced by their dilapidation, unsafe or outdated rnndition or construction will cease to east, never to be replaced in the B-1 District; therefore, normal maintenance such as painting will be allowed, but replacement of structural members will not be allowed unless it is shown that the structural damage was caused by vandalism, windstorms in excess of sixty (60) miles per hour or humancaused accidents outside the control of the bill- board owner. (4) All billboazds within the B-1 district shall cease to exist by January 1, 1996. Any bill• boazd remaining after such date is subject to removal by the city and costs related to such removal shall be recovered as pro- vided by law. (c) B-2 district: (1) Maximum number allowed is sixteen (16); provided, that existing billboazds located within the B-1 district may be relocated to the B-2 district regardless of the maximum number. (2) Maximum size equals seven hundred fifty (750) square feet. (3) Setbacks shall be as required fora prin- cipal structure in the zoning district where located. (4) Maximum height shall be thirty-two (32) feet. (5) Length shall not exceed three and one•half (3i/z) times the height. (6) No new billboazd maybe located closer than six hundred (600) feet to any other bill- board facing in the same direction on the same roadway as defined by roadway name or number. (7) Nonconforming billboards are subject to the provisions of section 26-408(a) hereof. (Ord. No. 1991-860, § 1, 5-2.91) § 26.501 ~uoo. \o. 13 1838.1 § 266 WHEAT RIDGE CITY CODE Other information which the ap- plicant, the zoning administrator or the hearing authority deter- mines is necessary in order to ad- equately evaluate. the application. (2) Variances wzd W¢iuers: (D) U¢ri¢nee/W¢iuers/Temporary Permits/Irzter- pret¢tions. Where it is desired to gain relief from the strict application of any provision of this chapter or to seek an interpretation of the provi- sions or associated official maps, appeal to the appropriate authority as described below shall be made in accordance with the requirements re• lating to the specific type of appeal. Where a public hearing is required, notification of such hearing shall occur by newspaper publication, posting, and certified letter as prescribed in subsection (F)(1). (1) Application requirements. All requests for a variance, waiver, temporary permit or in- terpretation, as described herein, shall be made by the filing of an application, to• gether with the required tee and supporting documentation. (a) Fee Requirement: Fifty dollars ($50.00), except where a request covered within this subsection (D) is made a part of another administrative process, then the higher fee shall be imposed. (b) Documentation Required: 1. Copy of the deed for the property. 2. Power of attorney if the applicant is not the owner of the property. 3. Property survey will be required if the request involves relationship of structure(s) to lot lines or lot area. 4. Posting certification (to be sub- mitted at the hearing to the clerk). (a) Minor Variances or Waivers (Ten (10) Percent or Lessl: The zoning adminis- trator is empowered to decide upon ap- plications for minor variances or waivers From the strict application of any of the "development and use regulations" of this zoning ordinance, which apply throughout the various zone district regulations and in other situations which may be specifically atz- thorized in the various sections, without requirement of a public hearing, under the following conditions: 1. The variance or waiver does not exceed ten (10) percent of the min- imum or maximum standard; and 2. That the zoning administrator finds that the "findings of fact," as set forth in subsection (2)(c) hereof, are substantially complied with and support the request; and 3. The zoning administrator has no- tified adjacent property owners by letter notice and posting of the site at least ten (10) days prior to ren- dering his decision, and that no protests have been received during such ten-day period. 4. That no additional dwelling units would result from approval of such vaziance or waiver. (b) Variances and Waivers of More Than Ten (10) Percent: The boazd of adjust- ment is empowered to hold public heaz- ings to hear and decide upon appeals for variances and waivers from the strict application of any of the "devel- opment and use regulations" which apply throughout he various zone dis- trict regulations of this zoning code, un- less otherwise specifically provided. Where a variance or waiver is made a Supp. No.5 1696 ZONING AND DEVELOPMENT § 26-6 part of another administrative process, such 7. Has the alleged diCfiiculty or hard- as achange ofzone, subdivision or a formal ship been created by any person site plan or development plan review which presently having an interest in the requires a public hearing before the plan- property? ning commission and/or city council, then 8. Would the granting of the varia- theplanningcommissionand/orcity council lions be detrimental to the public shall be empowered to decide upon such welfaze or injurious to other prop- vaziance or waiver request concurrent with such other process; however, in deciding erty or improvements in the neigh- such vaziance or waiver the planning com- boyhood in which the property is mission and/or city council shall be subject located? to the voting ratio as applies to the boazd of 9. Would the proposed variation im- adjustment, set forth in Wheat Ridge Code pair the adequate supply of Iight of Laws section 2-61. and air to adjacent property orsub- stantially increase the congestion (c) Review criteria and findings oC fact: in the public streets or increase the Where the boazd of adjustment, plan- danger of fire or endanger the ning commission or city council shall public safety or substantially di- heaz and decide upon a request fora minish or impair property values variance or waiver, that authority shall within the neighborhood? base its decision in consideration of the extent to which the following facts, fa- (d) Expiration of vaziance: Any vaziance vorable to the applicant, have been es- granted by the boazd of adjustment or tablished by the evidence: planning director shall automatically 1. Can the property in question yield expire within one hundred eighty (180) a reasonable return in use, service days of the date it was granted, or or income if permitted to be used within such other time as the board of only under the conditions allowed adjustment or planning director may by regulation for the district in Prescribe, unless a building permit for which it is Iocated? the variance is obtained within such 2. Is the plight of the owner due to period of time. If the building permit unique circumstances? expires, the vaziance shall expire at the 3. If the variation were granted, same time. Extensions of time may be would it alter the essential char- granted for good cause shown, but only acter of the locality? if an application for the extension is 4. Would the pazticulaz physical sur- made prior to the expiration of the vari- rounding, shape or typographical ance. condition of the specific property (8) Temporary permit for uses, buildings ¢nd involved result in a particular signs: hardship (upon the owner) as dis- tinguished from a mere inconve- (a) One-month temporary permit: The nience if the strict letter of the reg• zoning administrator is empowered to ulations were carried out? decide upon applications for temporary 5- Would the conditions upon which buildings, uses oi• signs which would the petition for a vaziation is based 'not otherwise be permitted in a partic- be applicable, generally, to the tillrr district, without requirement of a other property within the same public hearing, under the following con- zoning classification? clitions: 6. Is the purpose of the variation ]. The duration of the building, use based exclusively upon a desireto or sign shall not exceed nne (1) make money out of the property? month. Rupp. No. 30 1697 § 26-6 WHEAT RIDGE CITY CODE 2. No other temporary permit has 3. Willnotresultinunduetrafficcon- been issued within the previous gestion or traffic hazards, or un- one (1) year for the same or similar safe parking, loading, service or in- building, use or sign on the same ternal traffic conflicts to the premises: detriment of persons whether on 3. The zoning administrator shall de- or off the site; and termine that the ' `findings of Fact," 4. Will be appropriately designed, in- as set forth in subsection (3)(b) cludingsetbacks,heights,pazking, below are substantially complied bulk, buffering, screening and with. landscaping, so as to be in har- 4. The zoning administrator has no• mony and compatible with char- tified adjacent property owners in otter of the surrounding areas and a form and manner as required for neighborhood, especially with ad- minor vaziances and waivers as set jacent properties; and forth in subsection (D)(2)(a), and 5. Will not overburden the capacities has received no objections. of the existing streets, utilities, 5. The owner or owner's agent ap• parks, schools, and other public fa- proves in writing of the proposed cilities and services. temporary building, use or sign. If all of the conditions stated above aze (4) Interpretations. The board of adjustment is met, the zoning administrator may empowered to hold public hearings to de- issue a one•month temporary permit; tide upon requests for interpretation of the however, if they are not met he must provisions of the zoning ordinance (Article , deny the permit. The applicant may ap• I of this chapter), floodplain regulations (Ar- peal denial to the board of adjustment title II of this chapter), Subdivision Regu- . lotions (Article III o£ this chapter), and/or (b) One-year temporary permit: The boazd the sign regulations (Article IV of this of adjustment is empowered to hold a chapter) in such a way as to carry out the public heazing to decide upon requests intent and purpose of such laws. Such au- for temporary uses, buildings or signs thority to interpret shall extend to include which would not otherwise be per• the following. mitted in a particulaz zone district. The boazd may approve a temporary permit (al The basic intent and purpose of words, for no longer than one (11 yeaz per ap• phrases or paragraphs as applied to a plication. When hearing and deciding specific proposal or instance. (b) Use of property as an "other similaz requests for temporary permits, the board shall base its decision in consid- use;" however, in no instance shall the erationofthefollowingfindingsoffact: board make an interpretation that a FINDINGS OF FACT: The proposed particular use may be permitted in a zone district where that use is specifl- temporary use, building or sign: tally enumerated in a higher, that is, 1. Will not have a detrimental effect more intensive, zone district. upon the general health, welfare, (c) Relationship of physical improvements, safety and convenience of persons streets, rights-of--way, streams, prop- residing or working in the neigh- borhood of the proposed use; and 2. Will not adversely affect the ade- quote light and air, nor cause sig- nificant air, water or noise poIlu- tion, or cause drainage pmblems for the general area; and Sapp. No. 10 169$ ZONING AND DEVELOPMENT erty boundaries, etc., where such varies or are inconsistent with the official zoning maps of the City of Wheat Ridge. (5) Appeals. Appeal of any decision of the board oC adjustment or city council which either grants or denies applications for variances, waivers, temporary permits, or interpreta- tions may be made by the applicant, the city council or any aggrieved party to dis- trict court within thirty (30) days of the de- cision. Appeal of any such decision of the planning commission may be made by the applicant, the mayor or any aggrieved party to the city councii within ten ('10) working days of the decision. 0 26-6 Supp. No. 9 1698.1 ~\ m m ~ ~ N -' ~1 n D r n~ ~r ~~ O OD ~~ N ~O D z ~ Z ~ ~ O ~ ~ D r~-i ~