HomeMy WebLinkAboutZOA-96-7MEMORANDUM
To: Gerald Dahl, City Attorney
From: Glen Gidley, Director of Planning & Development
Re: Amendment to Zoning Code, commercial sections to allow
"Residential" uses
of WHEAT
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c~CORP~O
Date: August 15, 1996
Please review the attached proposed Council Bill and revise as needed. This was initiated
as a follow-up to the recent revisions to the nonconforming use provision. If adopted, this
Council Bill would make existing residential uses "Permitted Uses".
Since it is added to the RC-1 district, it would then be permitted in the higher zone districts
by reference, as are all other "Permitted Uses" in the RC-1 district.
I would like to schedule this for public hearing before the Planning Commission October
3rd, so if 1 could receive your comments and revisions by September 20, it would be most
appreciated.
GEGsIw //`/~~~f"
attachment [ ~
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ORDINANCE NO. _ __
- ---
INTRODUCED BY COUNCIL MEMBER _
COUNCIL BILL NO. Series of .1996
TITLE: AN ORDINANCE AMENDING THE CODE OF SAWS OF THE CITY OF
WHEAT RIDGE, CHAPTER 26. ARTICLE I. ZONING CODE,
REGARDING RESIDENTIAL USES WITHIN COMMERCIAL ZONE
DISTRICTS.
BE IT ORDAINED BY THE CITY C_OLII~7CIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
Section 1. The Code of Laws of the City of Wheat Ridge, Article-
I. Zoning Code, Section 26-20. Restricted Commercial-One
District.(B) Permitted Principal Uses is hereby amended by
addition of_the following new subsection 15.:
SECTION 15. Residential Uaes as follows:
(a) Existing residences shall be allowed to continue to
exist as a permitted use and may be extended, enlarged,
sad/or reconstructed so long as additional dwelling
units are not created, except as provided in subsection
(C)(3) below.
(b) Commercial IIses listed as Permitted or Accessory uses
within this zone district, shall be permitted to occupy
existing residential structures provided that
commercial development and use standards for parking,
landscaping and residential buffering are met and
provided that Building and Fire Code are met. The
Zoning Administrator shall be authorized to require
additional reasonable design and use standards, in
order to protect adjacent residential uses located
within residential or agricultural districts, from
potential negative affects or characteristics of the
proposed commercial use of existing residential
structures.
(c) New residences, except for reconstruction of existing
residences, in this zone district shall be permitted
only as Accessory Uses as provided under subsection
(C)(3) below.
Section 2.-_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. _~
Section 3. Safety Clause. The City Council hereby finds,
determines, and declares that this ordinance is promulgated under
the general police. power of the City of Wheat Ridge; that it-is
Ordinance No. - _ " _ -_ _ - _ __ __ _ _'_` __ _
Series of 1996
Page 2
promulgated for the health, safety, and welfare of the public,
and that this ordinance is necessary for the preservation of
health and safety and for the protection-of public convenience
and welfare. The City Council further determines that the
ordinance bears a rational relation to the proper legislative
object sought to be attained.
Section 4. Supersession Clause If any provision, requirement
or standard established by this Ordinance is found to conflict
with similar provisions, requirements or standards found
elsewhere in the Code of-Laws of the City of Wheat Ridge, which
are inexistence as of the date of adoption of this Ordinance,
the provisions, requirements and standards herein shall supersede
and prevail.
Section 5. This ordinance shall take effect days after
final publication.
INTRODUCED,-READ, AND ADOPTED on first reading by a vote of
to on this day of____ 1996, ordered- __
published in full in a newspaper of general circulation in the
City of Wheat Ridge and Public Hearing and consideration on final
passage set for 1996, at 7:30 o'clock p.m., in
the Council Chambers, 7500 west 29th Avenue, Wheat Ridge,
Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading
by a vote of to this day of ,
1996. - - .. _.
SIGNED by the Mayor on this day of
Wanda Sang, City Clerk
1996._ _
DAN WILDE, MAYOR
APPROVED AS TO FORM BY CITY ATTORNEY
1st Publication:
2nd Publication:
Wheat Ridge Transcript
Effective Date:
GERALD DAHL, CITY ATTORNEY
c:\wp60\ord\resuse2.ord
MEMORANDUM _.
o: Planning Commission
From: Glen Gidley, Director of Planning & Development
Re: Case No. ZOA-96-7
Date: September 26, 1996
~F WHEgT
ti ~O
U m
~aL ORP~O
The attached proposed Council Bill is suggested as an amendment to the Restricted
Commercial-One (RC-1) zone district regulations. This proposal stems from recent concerns
regarding the existence of many residences located within commercial zones. If adopted,
since listed as a "Permitted Principal Use" in the RC-1 district, such provisions would apply
to higher commercial districts, as well.
Essentially, it recognizes the existence of residences as of date of adoption, and provides for
legal expansion and replacement. Furthermore, it provides that residences may be fully or
partially converted to commercial uses, provided that certain design standards are met.
Finally, it points out that any new residences must be "accessory" uses. Staff recommends
approvai.
SUGGESTED MOTION
I move that Case No. ZOA-96-7, a proposed amendment to the Zoning Code, Sec. 26-20
Restricted Commercial-One (RC-1) district regulations regarding residential uses and
commercial use of residential structures, be forwarded to City Council with our
recommendation for APPROVAL.
GEGsIw
attachment
ORDINANCE NO.
INTRODUCED BY COUNCIL MEMBER
COUNCIL BILL NO_. Series of 1996
TITLE: - _~1N ORDINANCE AMENDING THE CODE OF LAWS OF THE CITY OF
WHEAT RIDGE, CHAPTER 26. ARTICLE I. ZONING CODE,
REGARDING RESIDENTIAL USES. WITHIN COMMERCIAL ZONE _
DISTRICTS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
Section 1. The Code of Laws of the City of Wheat Ridge, Article
I. Zoning Code, Section 26-20. Restricted Commercial-One
District. (B) Permitted Principal Uses is hereby amended by
addition of the following new subsection (15.):
(15.) Residential Usea as follows:
(a) Residential uses in existence on 1996 shall
be allowed to continue to exist as permitted uses.
Such residential uses may be extended, enlarged, and/or
reconstructed so long as no additional dwelling units
are created, except as provided in subsection (C)(3)
below.
(b) Commercial Uses listed as Permitted or Accessory uses
within this zone district, shall be permitted to occupy
residential structures in existence on 1996,
provided that commercial development and use standards
for parking, landscaping and residential buffering are
met and that Building and Fire Code are met. The
Zoning Administrator is authorized to impose additional
design and use standards, in order to protect adjacent
residential uses located within residential or
agricultural districts, from potential negative affects
or characteristics of the proposed commercial use of
existing residential structures.
(e) New residences, except for reconstruction of existing
residences, shall be permitted only as Accessory Uses
as provided under subsection (C)(3) below.
Section 2. Severability. If any clause, sentence, paragraph, or
part of this Zoning Code or the application thereof to any person
or circumstances shall £or any reason be adjusted by a court of
competent jurisdiction invalid,_such judgment shall not affect
application to other-persons or circumstances.
Section 3. Safety Clause. -The City Council hereby finds,
determines, and declares that this ordinance is promulgated under
the general police power of the City of Wheat Ridge, that it is
promulgated for the health, safety, and welfare of the public,
Ordinance No. Page 2
Series of 1996 .-_
and that this ordinance is necessary for the preservation of
health and safety and for the protection of public convenience
and welfare. The City Council further determines that the .
ordinance bears a rational relation to the proper legislative
object sought to be attained.
Section 4,_ Supersession Clause. If any provision, requirement
or standard established by this Ordinance is-found to conflict
with similar provisions, requirements or standards found
elsewhere in the Code of Laws of the City of Wheat Ridge, which
are in existence. as of the date of adoption of-this Ordinance, --
the provisions, requirements and standards herein shall supersede
and prevail.
Section 5. This ordinance shall take effect days after
final publication..
INTRODUCED, READ, AND ADOPTED on first reading by a-vote of
to on this day of 199Fi, ordered
published in full in a newspaper of general circulation in the
City of Wheat Ridge and Public Hearing and consideration on final
passage set for 1996, at_7:30 o'clock p.m., in
the Council Chambers, 7500 West 29th Avenue, Wheat Ridge,
Colorado.
READ, ADOP'T'ED AND ORDERED PUBLISHED on second and final reading
by a vote of - to _-, this day of ,
1996.
SIGNED by the Mayor on this day of
Wanda Sang, City Clerk
1996._,
DAN WILDE, MAYOR
APPROVED AS TO FORM BY CITY ATTORNEY
1st Publication:
2nd Publication:
Wheat Ridge Transcript
Effective Date:
GERALD DAHL, CITY ATTORNEY
c:\wp60\ord\resuse2.ord
i
.AGENDA ITEM RECAP
QUASI-JUDICIAL ~_ -
Yes No
..AGENDA ITEM _
February24; 1997
CITY ADM. MATTERS _ ELEC. OFFICIALS MATTERS
X PUBLIC HEARINGS -CITY AZTS'• MATTERS _ ORDINANCES FOR 1ST READING
PROCJCEREMONIES =LIQUOR HEARINGS ~. ORDINANCES FOR 2ND READING
BIDS/MOTIONS _ RESOLUTIONS
- PUBLIC COMMENT
_ INFORNIATIONONLY
AGENDA ITEM TITLE: Case No. ZOA-96-7, An ordinance allowing residences in commercial zone districts
SUMMARY/RECOMMENDATION: Planning Commission held a Public Hearing October 3, 1996, and
recommended approval. Staff recommends approval.
ATTACHMENTS:
1) Planning Commission Minutes & Resolution
of 10/3/96
2) Staff memorandum
BUDGETED
ITEM
Yes No
Fund _ _
Dept/Acct #
Budgeted Amount ~-. _
Requested Expend.-....
Requires Transfer/ ^
Supp. Appropriation
Yes No
_ ,. -,
RECOMMENDED MOTIONS:
I move that Council Bill 5 be approved on second reading.
MFMCIRANDUM of w"EAT
.~ ': -
~ o
n
U ~^
T'o; City Council
From: Glen Gidley, Planning & Development Director ~ocoRno°
Re: Case No. ZOA-96-7
Date: February 11, 1997
The attached proposed Council Bill is suggested as an amendment to the Restricted
Commercial-One (RC-1) zone district regulations. This proposal stems from recent
concerns regarding the existence of many residences located within commercial
zones. If adopted, since listed as a "Permitted Principal Use" in the RC-1 district,
such provisions would apply to higher commercial districts, as well.
These residential units in commercial zones are currently considered non-
conforming and cannot be rebuilt if destroyed or expanded without rezoning or
variance.
Essentially, it recognizes the existence of residences as of date of adoption and
provides for legal expansion and replacement. Furthermore, it provides that
residences maybe fully or partially converted to commercial uses provided that
certain design standards are met. Finally, it points out that any new residences must
be "accessory" uses. Staff recommends approval.
The Planning Commission approved this case as presented to City Council on
October 3, 1996. See attached Minutes.
Attachment
ORDINANCE N0.
INTRODUCED BY COUNCIL MEMBER
COUNCIL BILL NO.
Series of 1997
TITLE: AN ORDINANCE AMENDING THE CODE OF LAWS OF THE CITY OF
WHEAT RIDGE, CHAPTER 26. ARTICLE I. ZONING CODE,
REGARDING RESIDENTIAL USES WITHIN COMMERCIAL ZONE
DISTRICTS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
ection .The Code of Laws of the City of Wheat Ridge, Article I. Zoning Code, Section 26-20. _
Restricted Commercial-One District. (B) Permitted Principal Uses is hereby amended by addition
of the following new subsection (15.):
"(151 RESIDENTIAL USES AS FOLLOWS: _ _ __
(A) RESIDENTIAL USES IN EXISTENCE ON ,1997,
SHALL BE ALLOWED TO CONTINUE TO EXIST AS PERMITTED
USES. SUCH RESIDENTIAL USES MAY BE EXTENDED, ENLARGED,
AND/OR RECONSTRUCTED SO LONG AS NO ADDITIONAL
DWELLING UNITS ARE CREATED, EXCEPT AS PROVIDED IN
SUBSECTION (C)(3) BELOW.
(B) COMMERCIAL USES LISTED AS PERMITTED OR ACCESSORY USES
WITHIN THIS ZONE DISTRICT, SHALL BE PERMITTED TO OCCUPY
RESIDENTIAL STRUCTURES IN EXISTENCE ON
,1997, PROVIDED THAT COMMERCIAL
DEVELOPMENT AND USE STANDARDS FOR PARKING,
LANDSCAPING AND RESIDENTIAL BUFFERING ARE MET AND THAT
BUILDING AND FIRE CODES ARE MET. THE ZONING
ADMINISTRATOR IS AUTHORIZED TO IMPOSE ADDITIONAL
DESIGN AND USE STANDARDS, IN ORDER TO PROTECT ADJACENT
RESIDENTIAL USES LOCATED WITHIN RESIDENTIAL OR
AGRICULTURAL DISTRICTS, FROM POTENTIAL NEGATIVE
AFFECTS OR CHARACTERISTICS OF THE PROPOSED COMMERCIAL
USE OF EXISTING RESIDENTIAL STRUCTURES.
(C) NEW RESIDENCES, EXCEPT FOR RECONSTRUCTION OF EXISTING
RESIDENCES, SHALL BE PERMITTED ONLY AS ACCESSORY USES AS
PROVIDED UNDER SUBSECTION (C)(3) BELOW."
Section 2. Severabilitv. 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.
Ordinance No.
Page 2
Section 3 Safetv Clause. The City Council hereby finds, determines, and declares that this
ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is
promulgated for the health, safety, and welfare of the public, and that this ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and welfaze.
The City Council further determines that the ordinance bears a rational relation to the proper
legislative object sought to be attained.
Section 4 Supersession Clause. If any provision, requirement or standard established by this
Ordinance is found to conflict with similar provisions, requirements or standazds found elsewhere
in the Code of Laws of the City of Wheat Ridge, which aze in existence as of the date of adoption
of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail.
ecti n 5. This ordinance shall take effect days afrer final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of - to _ on this -day
of , 1997, ordered published in full in a newspaper of general circulation in
the City of Wheat Ridge and Public Hearing and consideration on final passage set for
1997, at 7:0.0_ o'clock p.m., in the Council Chambers, 7500
West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of
to ,this day of , 1997.
SIGNED by the Mayor on this day of , 1997.
DAN WILDE,IVIAYOR
ATTEST:
Wanda Sang, City Clerk
APPROVED AS TO FORM BY CITY ATTORNEY
GERALD DAHL, CITY ATTORNEY
1st Publication:
2nd Publication:
Wheat Ridge Transcript
Effective Date:
Planning Commission Minutes
( October 3, 1996 -
Page 21
Commissioner ECKHARDT agreed to accept the friendly amendment.
Commissioner THOMPSON asked if any special provision needed-to be
made for-5560 West 29th Avenue?
Mr. Gidley stated that if Commission wished to split-zone that
property, part C-1 and part R-1C, then modify Commissioner
ECKHARDT's motion and specify that split zoning be considered for
that parcel.
Commissioner THOMPSON stated her intent was to leave the entire
parcel commercial zoning.
Mr. Gidley stated that his recommendation is to retain the
commercial zoning on that property. He explained.
Motion carried 6-0.
Commissioner ECKHARDT moved to extend our 11:00 p.m. limitation.
Commissioner GRIFFITH seconded the motion. Motion carried 6-0.
3. Case No. ZOA-96-7: Proposed amendment to Wheat Ridge
Code of Laws, Chapter 26. Zoaing Code, Section 26-20.
Restricted Commercial-One (RC-1) zone district
regulations regarding RESIDENTIAL IISES.
Mr. Gidley presented the staff report
There were no questions at that time.
Commissioner ECKHARDT moved-that Case No. ZOA-96-7, a proposed
amendment to Wheat Ridge Code of Laws, Chapter 26. Zoning Code,
Section 26-20. Restricted Commercial-One (RC-1) zone district --
regulations regarding RESIDENTIAL USES, be forwarded to City
Council with our recommendation for Approval.
Commissioner WILLIAMS seconded the motion. Motion carried 6-0.
8. CLOSE THE PUBLIC HEARING
9. OLD BIISINESS
10. NEW BIISINESS
1. Joint Meeting with City Council. -
Mr. Gidley informed Commission that a joint meeting with City
Council had been scheduled for Monday, October 7, 1996 at 7:00
p.m.
. ..
CERTIFICATION OF RESOLUTION
CITY OF WHEAT RIDGE PLANNING COMMISSION
CASE NO: ZOA-96-7 -LOCATION: City-wide
APPLICANT{S) NAME: City of Wheat Ridge
OWNER(S) NAME: various
REQUEST: Proposed amendment to Wheat Ridge Code of Laws, Chapter 26.
Zoning Code, Section 26-20. Restricted Commercial-One (RC-1) zone
district regulations regarding RESIDENTIAL_USES. -
APPROXIMATE-AREA: n/a
WHEREAS, the City of Wheat Ridge Planning Division has submitted a
list of factors to be considered with the above request, and said list
of factors is attached hereto and incorporated herein by reference,
and made a part hereof; and
WHEREAS, there was testimony received at a public hearing by the
Planning Commission and such testimony provided additional facts.
NOW, THEREFORE, based upon the facts presented and conclusions
reached, it was moved by Commissioner ECKfiARDT, seconded by
Commissioner WILLIAMS, that Case No. ZOA=96-7, a progosed amendment to
Wheat Ridge Code of Laws, Chapter 26. Zoning Code, Section 26-20.
Restricted Commercial-One (RC-1) zone district regulations regarding
RESIDENTIAL USES be forwarded to City Council with Planning.
Commission's recommendation for Approval.
VOTE: YES: Eckhardt, Williams, Griffith, Rasplicka,
Langdon and Thompson
NO: None.
I, Sandra Wiggins, Secretary to the City of Wheat Ridge Planning
Commission, do hereby and herewith certify that the foregoing
Resolution was duly adopted by a 6 - 0 vote of the members present at
their regular meeting held in the Council Chambers of the Municipal
Building, Wheat Ridge, Colorado, on the 3rd day of October, 1996.
RIDGE
arrperson Sandia L~iggris, Secs y
COMMISSION WHEAT RIDGE PLANNING
b:\zoa967.res
PUBLIC HEARING SPEAKERS' LIST
CASE NO: ZOA-96-7 DATE: October 3, 1996
REQUEST: Proposed amendment to Wheat Ridge Code of Laws, Chapter 26. Zoning
Code, Section 26-20. Restricted Commercial-One (RC-1}zone district
regulations regarding RESIDENTIAL USES.
M)FMORAND TM
~F WHEgT
~ P
To: City Council ~ ~'
From: Glen Gidley, Planning & Development Director
Re: Case No. ZOA-96-7 coL OR ADO
Date: February 11, 1997
The attached proposed Council Sill is suggested as an amendment to the Restricted
Commercial-One (RC-1) zone district regulations. This proposal stems from recent
concerns regarding the existence of many residences located within commercial
zones. If adopted, since listed as a "Permitted Principal Use" in the RC-1 district,
such provisions would apply to higher commercial districts, as well.
These residential units in commercial zones are currently considered non-
conforming and cannot be rebuilt if destroyed or expanded without rezoning or
variance.
Essentially, it recognizes the existence of residences as of date of adoption and
provides for legal expansion and replacement. Furthermore, it provides that
residences may be fully or partially converted to commercial uses provided that
certain design standards are met. Finally, it points out that any new residences must
be "accessory" uses. Staff recommends approval.
The Planning Commission approved this case as presented to City Council on
October 3, 1996. See attached Minutes.
Attachment
Planning Commission Minutes. ._ .. Page 21
October 3, 1996
Commissioner ECKHARDT agreed to accept the friendly amendment.
Commissioner THOMPSON asked if-any special provision needed to be
made for 5560 West 29th Avenue?
Mr. Gidley stated that if Commission wished to split-zone that
property, part C-1 and part R-1C, then modify Commissioner
ECKHARDT's motion and specify that split zoning be considered for
that parcel.
Commissioner THOMPSON stated her:intent was to leave the entire
parcel commercial zoning.
Mr. Gidley stated that his recommendation is to retain_,the ..
commercial zoning on .that property. He explained.
Motion carried 6-_0.
Commissioner ECKHARDT moved to extend our 11:00 p.m. limitation.
Commissioner GRIFFITH seconded the motion. Motion carried 6-0.
3. Case No. ZOA-96-7: Proposed amendment'to Wheat Ridge
Code of Laws, Chapter 26. Zoning Code, Section 26-20.
Restricted Commercial-One (RC-1) zone district
regulations-regarding RESIDENTIAL USES.
Mr. Gidley presented the staff report,
There were no questions at that time.
Commissioner ECKHARDT moved that Case No_ ZOA-96-7, a proposed
amendment to Wheat Ridge Code of Laws, Chapter-26. Zoning Code,
Section 26-20. Restricted Commercial-One (RC-1) zone district
regulations regarding RESIDENTIAL USES, be forwarded to City
Council with our recommendation for Approval.
Commissioner WILLIAMS seconded the motion. Motion carried 6-0
8. CLOSE THE PUBLIC HEARING
9. OLD BUSINESS
10. NEW BUSINESS
1. Joint Meeting with City Council
l
Mr. Gidley informed Commission that a joint meeting with City
Council had been scheduled for Monday, October 7, 1996 at 7:00
p.m.
CERTIFICATION OF RESOLUTION
CITY OF WHEAT RIDGE PLANNING COMMISSION
CASE N0: ZOA-96-7
LOCATION: City-wide
APPLICANT(S) NAME: City of Wheat Ridge
OWNER(S) NAME: various
REQUEST: Proposed amendment to wheat Ridge Code of Laws, Chapter 26.
Zoning Code, Section 26-20- Restricted Commercial-One (RC-1) zone
district regulations regarding RESIDENTIAL IISES.
APPROXIMATE AREA: n/a
WHEREAS, the City of Wheat Ridge Planning Division has submitted a
list of factors to be considered with the above request, and said list
of factors is attached hereto and incorporated herein by reference, --
and made a part hereof; and
WHEREAS, there was testimony received at a public hearing by the
Planning Commission and such testimony provided additional facts.
NOW, THEREFORE, based upon the facts presented and conclusions
reached, it was moved by Commissioner ECKHARDT, seconded by
Commissioner WILLIAMS, that Case No. ZOA=96-7, a proposed amendment to
Wheat Ridge Code of Laws, Chapter 26. Zoning Code, Section 26-20-
Restricted Commercial-One (RC-1) zone district regulations regarding
RESIDENTIAL USES be forwarded to City Council with Planning
Commission's recommendation for Approval.
VOTE: YES: Eckhardt, Williams, Griffith, Rasplicka,
Langdon and Thompson
N0: None.
I, Sandra Wiggins, Secretary to the City of Wheat Ridge Planning
Commission, do hereby and herewith certify that the foregoing
Resolution was duly adopted by a 6 - 0 vote of the members present at
their- regular meeting held in the Council Chambers of the Municipal
Building, wheat Ridge, Colorado, on the 3rd day of October, 1996.
i ~ ~' /'
WHEAT RIDGE
~~ ~~> -~
airperson -
COMMISSION
sanara wxggins, Secr
WHEAT RIDGE PLANNING
b:\zoa967.res
§ 26-19 - WHEAT RIDGE CITY CODE - - - ---
Minimum Mini- Mirsi•
- Maximum Minimum Front mums°t mumfbj
Maximum Building Mirzimum Lot Yard Side Yard Rear Yard
Height Couerage~ Lot Width Setback Setback Setback
(feet] (%) Area (feet) (Peet) (feet) - (feet)
Private storageshed,harns,ehel•
lets, etc. _ 35 25 1 acre 140 30'a' 15 - 5
Churches, schools, government ,
and quasi-government golf
courses, greenhouses ' 35 25 1 acre 200 _ 30 15 20
All other uses - 35 25 1 acre 140 30 15 15
(a) Any side yard which abuts a public street shall have a minimum aethack of thirty f30) feet for all structures.
(b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures, except where
greater setbacks are specifically required.
(c) Front setbacks for dwelling structures on lots or portions of lots which abut culde-sacs may be reduced to ten (10) feet for those
portions of lots which abut a cul-de-sac bulb. (See Figure 26-5.3.)
(d) Accessory buildings housing livestock (including poultry, kennels and rabbits) shall be set back one hundred (100) feet from the
front property line. All other accessory buildings not listed shall have a minimum front setback of seventy-five (75) feet.
(Ord. No. 1991.8'78, § 1, 10.18-91; Ord. No. 1993.945, § 4, 12.13-93)
Sec. 26-20. Restricted Commercial•One Dis•
trict (RC•1).
(A) Intent and Purpose: This district is estab•
lished to provide for a reasonably compatible tran-
sitionbetween residential and more intensive com-
mercialland uses. It provides for residential scale,
neighborhood•orientedprofessional offices and ser•
vices which, by their nature and through design
limitation, will promote neighborhood stability
and protect neighborhood values and chazacter.
The district also provides limited neighborhood-
oriented retail uses by special use approval.
(B) Permitted Principal Uses: No building or
land shall be used and no building shall be here-
after erected, converted or structurally altered un-
less otherwise provided herein except for one (1)
or more of the following uses:
(i) Art galleries or studios.
(2) Banks, loan and finance offices.
(3) Clinics and offices for psychological, social,
mazital, developmental or similar coun-
selingand treatment, including counseling
and treatment for substance abuse and al-
coholism; however, not including residen-
tial facilities or residential treatment.
(4) Community buildings, Y.M.C.A's, Y.-
W.C.A's, churches, librazies, pazks, mu-
seums, aquaziums and azt galleries.
(5) Golf courses (but not including miniature
golf or putting ranges, driving ranges, pri-
vate clubs or restaurants) and those uses
commonly accepted as accessory thereto.
when located on the same premises.
(6) Government or quasi-governmental build-
ings and offices or public utility building
-where outside storage, operations or repair
Facilities aze not planned.
(7) Homes for the aged, nursing homes and con-
- gregate care homes.
(8) Medical and dental offices, clinics or labo-
ratories.
(9) Offices, general administrative, business
and professional.
(10) Parking of automobiles of clients, patients,
patrons or customers of the occupants of
adjacent commercial districts.
(11) Schools; public, parochial and private (in-
chiding private, vocational trade or profes•
sional schools), colleges, universities, pre-
schools and day nurseries (including those
uses commonly accepted as necessary
thereto when located on the same prem•
ices).
(i2) Service establishments as listed below:
(a) Hair, nail and cosmetic services.
Supp. No. 12 1720.2
~~
I
ZONING AND DEVELOPMENT
(b) Interior decorating shop where goods,
except samples, aze not stored upon the
premises.
(c) Pickup stations for laundry and dry
cleaning.
(d) Shoe repair.
(e) Studio for professional work or teaching
of fine arts, photography, music, drama
or dance.
(fl Tailoring, dressmaking or clothing al-
teration shop.
(g) Watch and jewelry repair.
(13) Residential group homes for eight (8) or
fewer developmentally disabled persons,
mentally ill persons or for elderly persons.
(See section 26-30(P) and section 26-5.)
(14) Any similar use which, in the opinion of
the zoning administrator or, upon appeal of
his decision, of the board of adjustment,
would be compatible in character and im-
pact with other uses in the district, would
be consistent with the intent of this dis-
trict, and which would not be objectionable
to nearby property by reason of odor, dust,
fumes, gas, noise, radiation, heat, glare, vi-
bration, traffic generation, parking needs,
outdoor storage or use, or is not hazardous
to the health and safety of surrounding
areas through danger of fire or explosion.
(C) Permitted Accessory Uses and Accessory
Buildings:
(1) Food services primarily for the occupants
of a building containing a permitted use,
when located within the same building.
(2) Electric transmission or other public utility
lines and poles, irrigation channels, storm
drainage facilities, and water supply facil-
ities, and other similar facilities.
(3) Residential uses in commercial zones shall
be allowed under the following conditions:
(a) Residential use shall be located only
on a floor other than the ground floor,
or if located on the ground floor, re-
stricted to the reaz half of the building.
(b) Residential dwelling density shall not
exceed one (1) dwelling unit for each
Supp. No. 12
1720.3
(c)
(d)
(e)
§ 26-20
five thousand (5,000) square feet of lot
area.
Residential dwelling units shall be no
less than five hundred (500) square feet
each.
parking shall be supplied at the rate of
one (1) space per three hundred (300)
squaze feet of floor area.
Where it is intended to convert an ex-
istingresidential structure, either par-
tially or wholly, to a commercial use,
then commercial development stan-
dardsshall beapplied for pazking, land-
scaping and residential buffering. Any
changes to building floor area shall
fully comply with all commercial de-
velopment standazds.
ZONING AND DEVELOPMENT
§ 26-20
(fl No new residences asaprimaryorprin- from adjacent properties by a view-
obscuring fence six (6) feet in height. Bulk
cipal use shall be allowed. storage or piles of such materials shall not
(4) Pharmacies and optical stores incidental to be permitted within a front yard setback
a medical or dental office within the same and shall be no closer than twenty-five (25)
building. feet to a side or reaz lot line which abuts
zoned property, or where zoned
tiall
id
(5) Other similar uses or structures as approved
tor or board of ad-
t
i
i y
en
res
A cultural and there is a residential struc-
n
g
ra
s
n
by the zoning adm
t and when in conformance with e within fifteen (15) feet of the common
r
tu
justmen
standards and requirements set forth for roe Iine.
P P rtY
similaz uses. (6) Laundry and dry cleaning shops.
(D) Conditional uses: The following uses shall (7) Locksmith shops.
be permitted only upon approval of the Wheat
Commission and city council, fol-
in
Pl
(S)
Mortuazies and crematoriums.
g
ann
Ridge
lowing procedures as set forth in section 26-6(A): (y) Rooming and boardinghouses.
(1) Electric transmission substations.
(10)
Small animal veterinary hospitals or clinics
(E) Special Uses: The following uses shall be where there aze no outside pens or runs.
permitted only upon approval of the Wheat Ridge
i
(11)
d
l
e
ng
Planning Commission and city council, follow less, for the
or
feet
sand (2 000) squaze
procedures as set forth in section 26-6(B): amount of building space devoted tc any
(1) Blueprinting, photostatic copying, and other one (1) or combinations of the following re-
similaz reproduction services; however, not tail use.
including lazge printing, publishing and/or
book binding establishments. Such uses _
(a) Anti
l and accessory stores.
shall be limited to no more than two thou- aze
(b) APP
(c) Bakeries, retail.
sand (2,000) square feet of building space
devoted to any one (1) or a combination of stationary
~~
sstands
s
l
,
new
stores,
Book
these uses. and card stores.
(2) Clinics for residential counselingandtreat- (fl Business machine or computer stores.
ment of psychological, social, marital and (g) Camera and photographic service and
developmental problems, and for substance supply.
abuse and alcoholism. (h) Candy, nut and confectionery stores.
(3) Golf courses, including private clubs, res- (i) Dairy products stores.
(j) Delicatessens.
taurants and lounges, and those uses com-
d as accessory thereto when
t (~~
s
e
monly accep upplies stares.
Garden
located on the same premises.
(m) Gift, novelty or souvenir stores.
(4) Governmental buildings; fire stations, (n) Hobby and craft stores.
sewer treatment plants and public utility (o) Jewelry stores.
buildings where outside storage, operations (p) Music stores.
or repair facilities aze planned. (q) Notions stores.
(5) Greenhouses and landscape nurseries, in-
f (r) Office supply stores.
tical stores.
(s) Op
cluding both wholesale and retail sales o (t) Paint and wallpaper stores.
related products; provided however, that
bulk storage or piles of materials, such as (u) Pet stores.
(v) Picture framing [shops].
manure, peat, top sail, rock, sand, firewocd
i (w) Sporting goods stores.
ew
or similaz material, are screened from v
Svpp. No. 5 1721
§ 26-20
(x) Shoe stores.
(y) Stationery stores.
(z) Television, radio, small
pair and service [shops).
(aa) Tobacco stores.
(bb) Tay stores.
(cc) Video rental stores.
WHEAT RIDGE CITY CODE _
shall be set back a minimum of fifty
(50) feet.
appliance re-
(6) Side y¢rd setback. Based upon the specific
site, adjacent land use and adjacent public
streets, one (1) or mare of the following re-
quirements shall apply:
(12) Retail neighborhood grocery/convenience
store, limited to five thousand (5,000) square
feet or less for the amount of building space
devoted to retail use.
(13) Residential group homes for nine (9) or more
developmentally disabled persons or eld-
erly persons. (See section 26-30(P) and sec-
tion 26.5.)
(14) Residential group home for children. (See
section 26-30(P) and section 26.5.)
(15) Any other use not specifically listed in this
district may be permitted as a special use
where the planning commission and city
council find, in addition to the standazd re-
view criteria for all special uses as set forth
in section 26-6(B), that a specific site is
uniquely appropriate for the use proposed.
(F) Development and Use Regul¢tions:
(1) Maximum height. Thirty-five (35) feet.
(2) Minimum lot ¢re¢. No Limitation, provided
that all other requirements can be met.
(3) Maximum lot cover¢ge. Ninety (90) percent,
with a minimum of ten (10) percent of the
lot being landscaped.
(4) Minimum lot width: No limitations, pro-
vided that all other requirements can be
met.
(5) Front yard setback: Thirty (30) feet min-
imum, except for:
(a) Structures on lots or portions of lots
which abut a cul-de-sac bulb, then the
setback may be reduced to twenty (20)
feet.
(b) Structures on lots which abut Sheridan
Boulevard, Wadsworth Boulevazd, Ki-
pling Street, Ward Road north of West
44th Avenue, and Youngfield Street
(a) Five (5)..feet per story minimum, ex-
cept azero setback may be permitted
where structures aze constructed of ma-
sonry or nonflammable material and
in accordance with the Uniform
Building Code.
(b) In all cases, thirty (30) feet where ad-
jacent to a dedicated public street.
(c) In additional to building setback as re-
quired by subsection (a) above, where a
side yard abuts property zoned residen-
tial, or where zoned Agricultural and
there is a residential structure within
fifteen (15) feet of the commercial prop-
erty, afive-foot-per-story landscaped
buffer, plus asix-foot-high solid deco-
rative wall or fence, shall be required
between the building and the property
Line.
(7) Re¢r yard setback. Based upon specific site,
adjacent land use and adjacent public
streets, one (1) or more of the following shall
apply:
(a) Ten (10) feet for aone-story building
and an additional five {5) feet per each
additional story thereafter.
(b) In all cases, any reaz yard which abuts
a public street shall have a minimum
setback of fifteen (15) feet for all struc-
tures.
(c) In all cases, any rear yazd which abuts
a public alley shall have a minimum
setback for all structures of five (5) feet
from the edge of the alley.
{d) In addition to building setback as re-
quired by subsection (a) above, where a
rear Yazd abuts property zoned residen-
tial, or where zoned Agricultural and
there is a residential structure within
fifteen (15) feet of the commercial prop-
erty, afive-foot-per-story landscaped
buffer, plus asix-foot-high solid deco-
Supp. No. 5
1722
ZONING AND DEVELOPbfENT ~ § 2621
rative wall or fence, shall be required (g) Tailoring, dressmaking, or clothing al-
between the building and the property teration shop.
line. (h) Watch and jewelry repair.
(8) Parking requirements. See section 26.31. (3) Stores for retail trade as listed below:
•(9) Landscape requirements. See section 26.32. (a) Antique store; provided, however, that
(10) Fencing requirements. See section 26.30(I). no more than two hundred (200) squaze
feet of building azea shall be allocated
(11) Sign requirements. See Wheat Ridge Code to repair.
of Laws, Chapter 26, Article IV. (b) Retail grocery/convenience store, lim-
(Ord. No. 1989-801, § 1, 7.24-89; Ord. No. 1990- ited to five thousand (5,000) squaze feet
827, § 1, 4-9.90) or Iess for the amount of building space
devoted to retail use.
Sec. 26.21. Restricted Commercial District (4) Stores for retail trade, limited to two thou-
(R-C). sand (2,000) square feet or less for the
amount of building space devoted to any
(A) Intent and Purpose: This district is estab- one (1) or combinations of the following re-
lished to accommodate various types of office uses tail space:
performing administrative, professional and per- (a) Appazel and accessory stores.
sonal services, and to provide for a limited range (b) Bakeries, retail.
of retail uses which aze neighborhood oriented. It (c) Bicycle stores.
is the intent that general retail uses that serve
(d)
Book stores, newsstands, stationery
the community or region, wholesaling, ware- and card stores.
housing, industrial, and uses which require out- (e) Business machine or wmputer stores.
side storage or display be prohibited, since these (f1 Camera and photographic service and
uses are incompatible with other uses in this dis- supply stores.
trict. (g) Candy, nut and confectionery stores.
(B) Pernxitted Principal Uses: No building or (h)
(i) Dairy products stores.
Delicatessens.
land shall be used and no building shall be here- ~) Floral stores.
after erected, converted or structurally altered un- (k) Gazden supplies stores.
less otherwise provided herein except for one (1) (1) Gift, novelty or souvenir stores.
or more of the following uses: (m) Hobby and craft stores.
(1) All uses permitted in the Restricted (n) Jewelry stores.
Commercial-One District as "permitted (o) Music stores.
principal uses." (p) Notions stores.
(2) Service establishments as listed below: (q>
(r) Office supply stores.
Optical stores.
(a) Ambulance service. (s) Paint and wallpaper stores.
(b) Equipment rental agencies which rent (t) Pet stores.
or lease any item permitted for sale in (u) Picture framing [shops].
this district, and where all items for (v) Shoe stores.
rent or lease are contained within (wl Sporting goods stores.
buildings. Outside storage and display (x) Stationery stores.
are prohibited. (yl Tobacco stores.
(c) Exterminators. (zl Toy stores.
(d) Interior decorating shop. (a:,l 'Television, radio, small appliance re-
(e) Locksmith shop. pair and service [shops].
(f) Shoe repair. (bl,~ Video rentals.
Supp. Na. 10 1723