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HomeMy WebLinkAboutZOA-96-8S ~' MEMORANDUM Approved _ Date_ T0: Mayor City Council Bob Middaugh, City Administrator FROM: Bob Goebel, Director of Public Works SIIBJECT: Proposed ordinance allowing high fences at sight triangles. DATE: May 1, 1996 I am extremely concerned about the proposed change to fence height requirements within sight triangles at intersections. Although open design fences do not obstruct vision when viewed from the front, they become a solid view obstruction when viewed from an angle. This angle varies according to the width and density of the fence material. Winter conditions also tend to clog these openings with snow thereby compounding the problem. The attached photograph illustrate the problems. I strongly suggest that we go the other direction which is to lower the allowed height of any new fence within the sight triangle to 36 inches. Several cases exist where a new fence was constructed to the 42 inch height requirement and it was found that drivers could still not see. This 42 inch height was established many years ago when the driver's eye was higher because vehicles were larger and taller. New vehicles are both smaller and lower in profile not only lowering the driver's eye, but also decreasing the frontal area and profile of a vehicle which the driver is trying to locate to determine a safe manuever. I have attached a drawing to help illustrate this problem and how it magnifies itself with diatance. It would be virtually impossible to make such a change retroactive to existing conditions. However I feel very strongly that all. future fence, wall, landscape, etc. construction should be restricted to the 36 inch height. Many other jurisdictions have gone_to this requirement. The City of Lakewood, for example, has an even greater restriction to 24_inches (see attached). As the City Engineer for this City, I cannot support any changes to our ordinances that will increase the danger to-the travelling public. I strongly recommend that the present ordinance be revised to require new construction within sight triangles to be restricted to 36 inches above the height of the curb or pavement. ~: , t f Q ~; :, ~-~: ~, ~ ~ ~; ~~ ~~~o ~ ~k ~ ~- ~ ° ~ ~ z _ ~~-~ o - s ~~ ~ > ~ .. ~Z_ ~~ ~, ~ ~ ~ Q 4 ~~ s ~ _ 5 ~, ~poz ~~ -~ ~~, z~ ~ . - ,s, z ~n u~ a F~~fl ~~ s _~__ 0 G.o _'~ 6 ~~ ~N a- Table 15: Factors for the Effect of Grade on Acceleration Lane Design or Posted 3-4.9a 3-4.9% 5-7a 5-7e Speed (mph) Upgrade Downgrade Upgrade Downgrade 25-45 1.30 0.70 1.50 0.60 50 1.40 0.65 1.80 0.55 55 1.50 0.65 2.00 0.55 60 1.50 0.60 2.30 0.55 6.8.2 For Right Turns to Accesses on City Streets On City arterial and collector streets, the design of accel- eration/deceleration lanes for right turns will meet the requirements of section 6.8.1 and the State Highway Access Code, section 4.8, provided sufficient right-of-way is avail- able. If off-site right-of-way is insufficient to construct speed change lanes to these standard, the developer will be responsible for the cost of obtaining the necessary right- of-way. If necessary, the City will use power of condemna- tion to obtain such right-of-way at the developer's cost. Where driveways have to be located in close proximity to one another in order to provide access to adjacent properties, the City will permit speed change lanes to be combined if the minimum design standards in section 6.8.1, and the State Access Code, section 4, cannot be achieved. 6.8.3 For Left Turns to Accesses on City Streets _ For left turn movements, speed change lanes on City streets must be designed according to the standards contained in sections 6.6 and 6.7 of this ordinance. 6.9 Sight Distance Before any access is approved, the City will ensure that vehicles can enter or exit from the proposed access with minimum hazard and dis- ruption of traffic. 6.9.1 At Public Street Intersections: As illustrated in Figure 15 in Appendix 11.7, at any inter- section of two public streets, a 55 ft. sight distance tri- angle must provide for an unobstructed view across the tri- angle formed by joining points measured 55 ft. distant along the property line from the intersection of the two streets. Within the area of the triangle there must be no sight obscuring or partly obscuring wall, fence, sign, foliage, or berming higher than 24 inches above the curb grade or, ip the case of trees, foliage lower than 8 ft. Vertical measurement must be made from the flowlihes of the two streets forming the triangle, or if no gutter exists, from the edge of the nearest traveled way. Objects that may be located in the -39- t triangular area are items such as hydrants, utility junction boxes, and traffic control must be located to minimize visual obstruction. utility poles, devices. These For rounded property corners, the triangular area must be between the property lines extended and a diagonal line join- ing the points on the property lines, 55 ft. from the point of their intersection. The above also applies to intersections of public streets and railroad right-of-way at railroad crossings not controlled by gates or flashing lights. In addition to the above, at any intersection of two public streets, an unobstructed view as defined above must be pro- vided across the area formed by the flowline or edge of pave- ment on one street and the flowline or edge of pavement of the intersecting street and lines (labeled d~ or d~ in Figure No. 15 in Appendix 11.7), connecting them at 10 ft. from their point of intersection. This area will be used to / ensure that drivers of vehicles exiting from the stopped approach have available the minimum sight distance provided in section 6.9.3 of this ordinance. 6.9.2 At Private Accesses to Public Streets At any intersection of a private property or parking struc- ture access and a public street, it is recommended that an unobstructed view as defined in 6.9.1, across the triangle formed by joining points measured 55 ft. along both the pro- perty line on the public street and private access edge line from the point of intersection of the street and access be provided. For rounded property corners, the triangular area must be between the property line and access edge line ex- tended and a diagonal line joining the points on the property and private access edge lines, 55 ft. from the point of their intersection. In addition to L-he above, at any intersection of a private property access and a public street, an unobstructed view, as defined in 6.9.1, must be provided across the area formed by the flowline or edge of pavement on the public street and the private access drive edge line, and lines (labeled d' and d2 in Figure 15 in Appendix 11.7), connecting them at IO ft. from their point of intersection. This area will be used to ensure that drivers of vehicles exiting from the stopped approach of an access have available the minimum sight dis- tance provided in section 6.9.3 of this ocdinance_ These sight distance criteria do not apply to single family backbut drives where sight distance will be provided based on location of the driver's eye when commencing the backout maneuver. -40- ,• 4 . SIGHT LINE TR1AN~ E „FOR SIGHT DISTANCE LENGi~T~S 3EE SECTION 6.9.3 I --MINOR ROAD 55' Si(3HT ~ TRIANGLE t~ SIGHT LINE ~'c ~\- i~ CITY OF !_AKEWOOD, COLORADO DEPARTMENT OF PUBLIC WORKS SIGHT DiBTANCE FIGURE i5 F ~~ '~/s Gc• MEMORANDUM pE WHEgT ~ PQ c~ To: Bob Middaugh, City Administrator '~ From: Glen Gidley, Director of Planning & Development Re: Councilmember Fields' Request for Amendment to cOC0Rp0p FENCE HEIGHT Regulations Date: June 19, 1996 I believe that the revisions shown in (I) (1), Section 1 of the attached proposed Council Bill, meets the objectives outlined by Mrs. Fields. In summary, it allows six-foot fences of an open-type within front yards. I have additionally proposed two other revisions as shown under (2)(a). The first revision is suggested because the existing code cites both 36 inches and 42 inches as maximum height in sight triangles. Bob Goebel suggests that the conflicting standards be revised to the lower, 36-inch standard, as most modern automobiles have a lower driver position. The second recommended revision removes the exception of one and two-family dwellings from the driveway sight triangle requirement. GEGsIw attachment cc: Bob Goebel Jerry Dahl b:1gg61996~.mem INTRODUCED BY COUNCILMEMBER Council Bill No. _ Ordinance No. Series of 1996 TITLE: AN ORDINANCE AMENDING THE CODE OF LAWS, ZONING CODE RELATING TO FENCES, WALLS AND OBSTRUCTIONS TO VIEW, SECTION 26-30 (I) OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Wheat Ridge Code of Laws, Article I, Chapter 26. Zoning Code Section 26-30(I).Fences, Walls and Obstructions to View, subsections (1) and (2) are hereby amended as follows: (I) Fences Walls and Obstructions to View: Fences and divisional walls are permitted in any zone district with the issuance of a fence. permit approved by the planning and development department in accordance with the following provisions: (1) Permitted fence, etc., heights. GENERALLY, n~o divisional .wall or hedge above the height of forty-eight (48) inches shall be permitted within a minimum required front yard, or above the height of six (6) feet in instances not otherwise specified. OPEN- TYPE FENCES WHICH ARE AT LEAST 80 PERCENT OPEN, SUCH AS WOVEN WIRE, CHAIN LINK OR WROUGHT IRON, MAY BE PERMITTED UP TO SIX (6) FEET IN HEIGHT WITHIN MINIMUM FRONT YARDS AND WITHIN REGULATED SIGHT DISTANCE TRIANGLES, IFe IN THE OPINIONS OF THE ZONING ADMINISTRATOR, PUBLIC WORItS DIRECTOR AND CHIEF OF POLICE THE PROPOSED OPEN-TYPE FENCE WILL NOT CONSTITUTE A SAFETY HAZARD. (2) Sight distance triangle requirement: (a) No fence, divisional wall, hedge or other obstruction to view in excess of F ~`" `"" ~"~ THIRTY-SIX (36) inches high, except for permitted. landscaping, signs or public utility poles AND APPROVED OPEN-TYPE FENCES, shall be established or maintained on_a corner lot within a triangular area bounded by the lot lines and a line connecting points on each lot line either twenty-five (25) feet from the intersection of such lot lines for local streets or fifty-five (55) feet from the intersection_of such lot lines Ordinance No. Series of 1996 Page 2 for collector or arterial streets. The same shall apply to the intersection of driveways and public street, except that the sight distance triangle may be reduced to fifteen (15) feet. Street trees required by section 26-32 and signs allowed by Wheat Ridge Code of Laws, Article IV of this chapter, may be permitted within the regulated sight distance triangle; provided, that the area between thirty-six (36) inches and ninety-six (96) inches high is maintained free and clear of obstruction; and further provided, that a sign pole does not exceed one (1) foot in diameter. .~_ _-....__I ..... _.......___~.. .. _....~~ ...... ...........1.._ ~~..... _________ __~.___~__ __.~_i__..._.., . (See rigure 26-31.1.) Section 2. S_everabi_lity. 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 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 in existence as of the date of adoption of this Ordinance, the provisions, requirements-and standards herein shall supersede and prevail. Section 5,_ Thi~_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 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. Ordinance No. Page 3 Series of 1996 READ, ADOPTED AND ORDERED PDBLISHED on second and final reading by a vote of to this day of , 1996. SIGNED by the Mayor on this day of 1996. DAN WILDE, MAYOR Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY E. DAHL, CITY ATTORNEY 1st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: c:\wp60\ord\opnfence.ord MEMORANDUM of _wHE,yr ~ PQ o: Planning Commission ~ m From: Glen Gidley, Director of Planning & Development Re: Case No. ZOA-96-8/Amendments to the Zoning Ordinance °otoRro° Regarding "FENCES, WALLS & OBSTRUCTIONS TO VIEW" Date: August 27, 1996 City Council has initiated an amendment to section 26-30(I) of the Zoning Ordinance which relates to Fences, Walls & Obstructions to View, with a prime objective of allowing open- type fences up to six feet in height within front yards, including within sight distance triangles. Public Works Director, Bob Goebel, has responded to this proposal per the attached May 1 memo. He is seriously concerned that such open-type fences, over 42 inches in height, especially if located within sight distance triangles, will pose a public safety hazard, possibly creating a liability upon the City should someone be injured. Mr. Goebel has recommended that fences and other obstructions to view within the sight distance triangle, not be allowed over 36 inches in height. The attached proposed Council Bill has been forwarded to you for public hearing without the revisions suggested by Mr. Goebel. Beyond the issue of safety within sight distance triangles, is the question of basic community standards and aesthetic considerations. If adopted as written, property owners may erect six-foot-tall, chain link fences in front yards; not just at businesses, but also for residences. Is this an acceptable standard for your community? Another issue which is not addressed by either the current ordinance provisions, or by the proposed revisions is the issue of placing fences upon retaining walls and/or berms, Attached Exhibit 'A' illustrates these concepts, while Exhibit 'B' proposes additional ordinance language which may address the issue. Figure #1 illustrates the issue of placing a fence upon aman-made berm, hence obtaining the result of a higher fence. Staff would recommend allowing this other than within a "front vard". Figure #2 illustrates the issue of placing fences upon retaining walls. There are two ways to illustrate this issue. The first is where a property owner (on the uphill side) builds the retaining wall downslope and then fills in front of the wall, raising his property and place a fence upon the wall. The second way is where the property (on the downhill side) builds the wall away from his property line, fills behind the wall and then places a fence upon the wall. Staff would recommend allowing the first situation other than within a "sight distance trian le". However, the second situation places the fence well inside of the owner's property and creates a potential maintenance problem and resultant code enforcement headaches. Staff recommends prohibiting the second situation. Therefore, attached Exhibit 'B' contains appropriate language to allow, but regulate these circumstances, where current regulations are silent on these issues. GEGsIw b:~gg82796.mem ~X ~ 181' A ..... ~-~ ~,1~7 ~CASV~Z.Em~,NT #~ ~'L. K.®-~'- #Z _- C~RaDE ~~~~NY ' oR ~ L ~*L .Taw ~ I' bJaw ' ~F1G1. ' ~~~ ~ , P.1.~ t E-I EXHIBIT 'B' (9) Fence, Wall, Hedge or Other Divisional Structure or Obstruction Height Measurement: The height of fences, walls, hedges or other divisional structures or obstructions shall be measured from grade the inside of the fence upon the property to which it belongs. Such divisional devices may be placed upon a or upon a retaining wall, except within sight distance triangles and except within front yards. upon berm b:\ggexhb.mem INTRODUCED BY COUNCILMEMBER Council Bill No. Ordinance No. Series of 1996 TITLE: AN ORDINANCE AMENDING THE CODE OF LAWS, ZONING CODE RELATING TO FENCES, WALLS AND OBSTRUCTIONS TO VIEW, SECTION 26-30(I) OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Wheat Ridge Code of Laws, Article I, Chapter 26. Zoning Code Section 26-30(I).Fences, Walls and Obstructions to View, subsections (1) and (2) are hereby amended as follows: (I) Fences, Walls, and Obstructions to View• Divisional fences and divisional walls are permitted in any zone district with the issuance of a fence permit approved by the planning and development department in accordance with the following provisions: (1) Permitted fence, etc., heights. GENERALLY, n~Fo divisional fence, wall or hedge above the height of forty-eight (48) inches shall be permitted within a minimum required front yard, or above the height of six (6) feet in instances not otherwise specified. OPEN- TYPE FENCES WHICH ARE AT LEAST EIGHTY (80) PERCENT OPEN SUCH AS A WOVEN WIRE, CHAIN LINK OR WROUGHT IRON FENCE, MAY SE PERMITTED UP TO SIX (6) FEET IN HEIGHT ABOVE THE ELEVATION OF THE STREET WITHIN MYNIMUM FRONT YARDS. (2) Sight distance triangle requirement: (a) No divisional fence, wall, hedge or other obstruction to view in excess of forty-two (42) inches high, except for permitted landscaping, signs or public utility poles AND APPROVED OPEN- TYPE FENCES IN EXCESS OF FORTY-TWO (42) INCHES, shall be established or maintained on a corner lot within a triangular area bounded by the lot lines and a line connecting points on each lot line either twenty-five (25) feet from the intersection of such lot lines for local AND PRIVATE streets or fifty-five (55) feet from the intersection of such lot lines for collector or arterial streets. The Ordinance No. Page 2 Series of 1996 same shall apply to the intersection of driveways and public streets, except that the sight distance triangle may be reduced to fifteen (15) feet. Street trees required by section 26-32 and signs allowed by Wheat Ridge Code of Laws, Article IV of this chapter, may be permitted within the regulated sight distance triangle; provided, that the area between th__tl =__= " " FORTY-TWO (42) inches and -_n.`_, .___ ;^`_; EIGHTY-FOIIR (84) inches high is maintained free and clear of obstruction; and further provided, that a sign pole does not exceed one (1) foot in diameter. One- and two-family dwellings shall be exempt from application of the fifteen-foot driveway sight distance triangle requirement, HOWEVER, PRIVATE DRIVES AND PRIVATE STREETS WHICH SERVE MORE THAN TWO DWELLINGS SHALL MEET THE LOCAL STREET REQUIREMENTS. (See Figure 26-31.1.) ~4 ~i € € r t~t (n) n FF3t} i ~tei ~s ar}-a ~~ee-x~ $ -xt es. - _ 3 ~a --- -_. - Z_ _ J ~ ______ __ _. J .-. t...,.m a ,., 1. , ,,,., a .... ....... .... ..,, E ,.. ~ j J__ -...,.:., , .-. .-, n, .. , , ____________...___~ ______-._r_ r_____ .-_ € z - ~ i~€ l ti - ____~__ ___~__ i ~ -~k -~} ees er~t a - rese reg~ e~rs- a ~ € t 1 d -t € d ~x - € t ~ r 3ree ~i ~hi -e yes r s-o- - - 3e- a e-e -a ep en- a - ~l l € - i € ea r~ee- s ~ ':..: -: --_, ._, , .. ege -~er~eer~ er m d e~ees, i ll € =~ h ._..w<.. --..,_~:.._,. er s ~k9 s a er;~ ~se eery €i F5~ F l€ : = r ~ ~^`^ ve -Beare. sr--mare-spee ~l € i r€ ~i e ~~ regar ~xg-~eaees er-~ eg-s sz er g6--~- ts, see-s n 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 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. Sunersession_ 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, Ordinance No. Series of 1996 Page 3 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:OO 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 1996. . DAN WILDE, MAYOR Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD E. DAHL, CITY ATTORNEY- 1st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: c:\wp60\ord\obstview.ord NOTICE OF PUBLIC HEARING Notice__is hereby given that a Public Hearing is to be held before the City of Wheat Ridge Planning Commission on September 5, 1996 at 7:30 p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado. - All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petitions shall be heard: 1. =Case No. ZOA-96-8: "Amendment to the Wheat Ridge Code of Laws, Zoning Code, Chapter 26. Zoning Code regarding FENCES, WALLS and OBSTRUCTIONS TO VIEW. 2. Case No. ZOA-96-10: Amendment to the Wheat Ridge Code of Laws, Zoning Code, Section 26-6(D)(2)(c) pertaining to VARIANCE CRITERIA. 3. Case No, WZ-96-9: An application by Daniel R. Dearing for approval of an amendment to a PID final development plan at 10501 West I-70 Frontage-Road North. Said property is legally described as follows: A part of the SW1/4, SE1/4 of Section 16, Township 3 South, Range 69 West of the 6th P.M. described as: Beginning at a point which is 789.00 feet East of the Southwest corner of the SE1/4 of Section 16, Township 3 South, Range 69 West and 303.5 feet north on a line parallel with the east line of the SW1/4, SE1/4 of Sec. 16. T3S, R69W: Thence, continuing northerly 'along a line parallel to the East line of-the SW1/4, SE1/4 a distance of 181.50 feet; Thence, East parallel to the South line of the SW1/4 SE1/4, a distance of 299.70 feet; Thence, South parallel to the East line of the SW1/4 SE1/4, a distance of 75.75 feet; Thence, West parallel to the South line of the SW1/4, SE1/4, a distance of 30.00 feet; Thence, South parallel to the East line of the SW1/4, SE1/4 a distance of 75.75 feet; Thence, East a distance of 271.30 feet to a point on the East line of the SW1/4, SE1/4; Thence, South 30.00 feet along the east line of the SW1/4, SEl/4 a distance of 541.00 feet to the Point of Beginning except the East 30 feet for roadway purposes, containing 1.363 acres, more or less, County of Jefferson, State of Colorado. 4. Case No. MS-96-8: An application by Keith M. Daly for Wheat Ridge Congregation, UCC for approval of a two-lot minor subdivision on R-1 land located at 6310 West 29th Avenue andd 2777 Kendall Street. Said property is legally described as follows: A parcel of land located in the Southwest 1/4 of the Southwest 1/4 of Section 25, Township 3 South, Range 69 WEst of the 6th Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, described as follows: Commencing at the Southwest corner of said Section 25; Thence N 89°39'27" E along the South line of the Southwest 1/4 of said Section 25, 1652.43 feet; Thence N 0°19'29" W, 659.59 feet to the southeast corner of - the East 1/2 of the West 1/2 of the Northwest 1/4 of the Southeast 1/4 of said Southwest 1/4 of Section 25 being the Ture Point of Beginning; Thence S 89°40'02" W 165.25 feet to the Southwest corner of Block 5, amended plat of Henderson's Subdivision; Thence N 0°19'32" W along the East line of said Block 6, 500.00 feet to the Southeast corner of a parcel of land described in Book 983 at Page. 135 of the Jefferson County Records; Thence S 89°40'02" W along the Ssouth line of said parcel, 21.65 feet to-the Southeast corner of a parcel of land described in Book at Page of the Jefferson County Records; Thence N 0°19'32" W along the East line of said parcel 134.62 feet to the South line of West 29th Avenue; Thence N 89°40'37" E along said South line of West 29th Avenue, 186.97 feet to the East line of the Eat 1/2 of the West 1/2 of the Northwest 1/4 of the Southeast 1/4 of said Southwest 1/4 of Section 25; Thence S 0°19'29" E 634.59 feet to the True Point of Beginning, containing 2.4747 acres. Sandra Wiggins; Secretary ATTEST: Wanda Sang, City Clerk To be-Published: August 16, 1996 Wheat Ridge Transcript b:\b9596.phn MINIITES OF MEETING September 5, 1996 CITY OF WHEAT RIDGE PLANNING COMMISSION 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chairperson LANGDON at 7:30 p.m., on September 5, 1996 in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL: MEMBERS PRESENT: Robert Eckhardt - Harry Williams Carolyn Griffith Jay Rasplicka Carl A. Cerveny George Langdon Janice Thompson Warren Johnson - EXCUSED ABSENCE EXCUSED ABSENCE STAFF PRESENT: Glen Gidley, Director of Planning & Development Meredith Reckert, Planner_ Sandra Wiggins, Secretary PIIBLIC HEARING The following is the official copy of Planning Commission minutes for-the Public Hearing of September 5, 1996_ A copy of these minutes is retained both in the office of the City Clerk and in the Department of Planning and Development of the City of Wheat Ridge. _ ~~~~~ Planning Commission Minutes Page 11 September-5, 1996 _ Mr. Gidley gave ari overview of the proposed amendment. He read a proposed addition to the amendment, which would be added at the end of paragraph 10: ", or would granting of the variance result in a reasonable accommodation of a person with disabilities?" Mr. Gidley explained the teen 'reasonable accommodation" for Chairperson LANGDON_ Discussion followed. Commissioner CERVENY moved to approve as amended, Case No. ZOA- 96-10, a proposed amendment to the Zoning Code, Section 26- 6(D(2){c) and forward to City Council for their consideration. Commissioner RASPLICKA seconded the motion. Motion carried 6-0. 6. Case No. ZQA-96-8• Amendment to the Wheat Ridge Code of Laws, Zoning Code, Chapter 26. Zoning Code regarding FENCES, WALLS and OBSTRIICTIONS TO VIEW. Mr. Gidley. asked Commission if they had the memo from Bob Goebel, Public Works Director. He summarized Mr. Goebel's position for Commission. Mr. Gidley gave an overview of the proposed amendment explaining the current ordinance and the proposed changes. Discussion followed. Commissioner WILLIAMS moved to retain a 36-inch fence height limitation in the sight distance triangle, a 48-inch fence height limitation in the front yard, and a six-foot fence height limitation in the back and side yards- Commissioner CERVENY suggested that each of the items be considered separately. Issue A (Sight Trianglel Commissioner CERVENY seconded Commissioner WILLIAMS' motion to retain 36-inch fence height limitation in-the sight distance triangle. Motion carried 6-0. Issue B (Front Y rd) Commissioner WILLIAMS moved to retain a 48-inch fence height limitation in the front yard outside the sight distance triangle. Plannir_g Commission Minutes September 5, 1996 Commissioner CERVENY seconded the motion. Page 12 Commissioner THOMPSON asked if that height would include pillars. Mr. Gidley answered that pillars were allowed to be one foot higher than the fence height, provided the pillars measure no more than one foot by one foot. Commissioner CERVENY offered a friendly amendment to the motion, stating the reason for the limitation: 1. A higher than 48-inch fence would be detrimental to the aesthetic value of the City of Wheat Ridge, which would over-shadow any benefit to any individual. Commissioner WILLIAMS agreed to the friendly amendment. Motion carried 6-0. Issue C (Grade Determination) Commissioner WILLIAMS_moved that the "natural grade" be utilized when determining the overall height of fences-and walls. Natural grade will be determined by City staff. Commissioner GRIFFITH seconded the motion. Motion carried 6-0. 8. CLOSE THE PUBLIC BEARING 9. OLD BUSINESS A. Commissioner_THOMPSON asked Mr. Gidley for an update on the Kipling Master Plan idea discussed previously by Commission. Mr. Gidley answered that Staff was working on two additional ideas. Further, he noted that there was some "movement" in the area with several parcels of land. Discussion followed. B. Chairperson_LANGDON asked for an update on the bus stop project. Mr. Gidley stated the City was waiting for Outdoor Productions to fill out applications for each of the individual locations. They have provided the City with a site location map. As required, all locations have been posted for 25 days. Approval from Public Works, RTD and State Highway Department will be necessary, once the applications are completed. 10. NEW BUSINESS PUBLIC HEARING SPEAKERS' LIST CASE NO: ZOA-96-8 DATE: September 5, 1996 REQUEST: Amendment to the Wheat Ridge Code of Laws, Zoning Code, Chapter 26. Zoning Code regarding FENCES, WALLS and OBSTRUCTIONS TO VIEW. CITY OF WHEAT RIDGE PLPSTDTING COMMISSION . CERTIFICATION OF RESOLUTION CASE N0: ZOA-96-8 LOCATION: City-wide APPLICANT(S) NAME: City of Wheat Ridge OWNER(S) NAME: Same. REQUEST: Proposed amendment to the rn7heat Ridge Code of Laws, Zoning Code, Chapter 26. Zoning Code regarding FENCES, WALLS and OBSTRUCTIONS TO VIEW. 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, these 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 WILLI.~IMS, seconded by Commissioner CERVENY that regarding Case No. ZOA-96-8, a proposed amendment to the Wheat Ridge Code of Laws, Zoning Code, Chapter 26. Zoning Code regarding FENCES, WALLS and OBSTRUCTIONS TO VIEiP, the following motions were made: Commissioner WILLIAMS moved to retain a 36-inch fence height limitation in the sight distance triangle, a 48-inch fence height limitation in the front yard, and a six-foot fence height limitation in the back and side yards. Commissioner CERVENY suggested that each of the items be considered separately. Issue ~ (Sight Triangle) - Commissioner CERVENY seconded Commissioner WILLIAMS' motion to retain 36-inch fence height limitation in the sight distance triangle. Motion carried 6-0. Issue B (Front Yard) Commissioner TAILLIAMS moved to retain a 48-inch fence height limitation in the front-yard outside the sight distance triangle. Commissioner CERVENY seconded the motion. Commissioner -CERVENY offered a friendly amendment to the motion, stating the reason for the limitation: Certificate of Resolution _ _ Paae 2 Case No. ZOA-96-8 1. A higher than S8-inch fence would be detrimental to the aesthetic value of the City of Wheat Ridge, which would over-shadow any benefit to any individual._ Commissioner S6ILLIAf?S agreed to the friendly amendment. Motion carried 6-0. Issue C !Grade Determination) Commissioner wILLI_yM5 moved that the "natural grade" be utilized when determining the overall height of fences and walls. Natural grade will be determined by City staff. Commissioner GRIFFITH seconded the motion. Motion carried 6-0. VOTE: YES: :ailliams, Griffith, Rasplicka, Cerveny, Langdon and Thompson NO: None. I, Sandra Wiggins, Secretary to the City of '~7heat Ridge Plaaning 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 Municioal Building, Wheat Ridge, Colorado, on the 5th day of September, 1996- George J. Langdon, Chairperson Sandra Wiggins, Secretary Gv7-IE3T RIDGE PL.ctVNING COMMISSION WHEAT RIDGE PLANNING COMMISSION b:\zoa968.res ZONING AND DEVELOPMENT § 26.30 use and in conformance with the Uniform Fire Code and other applicable laws. (B) Building Lots: Every building or structure hereafter erected within the City of Wheat Ridge shall be located on a lot, as defined herein, and in no instance shall there be more than one (1) main building on one (1) Iot except as permitted within a Planned Development District as set forth in section 26-25, or as permitted by the Planned Building Group (PBG) provisions set forth beIcw. (C) Planned Building Groups (PBG): (1) Purpose. The primary purpose of this pro- vision is to allow flexibility and diversilt- cation in the location of structures and the design and land use of a lot held under single or common ownership by permitting more than one (1) main structure to be con- structed thereon. It promotes better overall utilization of a building site by promoting improved vehiculaz and pedestrian circula- tion and access, more efficient layout of pazking and a better overall Iandscane and architectural design scheme for the total site, while at the same time ensuring ade- quate standards relating to public health, safety, welfaze and convenience in the use and occupancy of buildings and facilities in Secs. 26.26-26-29. Reserved. planning building groups. (2) Scope arzd Limitations. The procedures and provisions set forth in this section shall be Sec. 26.30. General regulations. applicable to all zone districts except The provisions and regulations set forth in this Planned Development zone districts as section are generally applicable throughout the those district regulations provide for mul- vazious zone districts. Furthermore, these regula- tiple main structures on a lot under dif- tions are in addition to any regulation, standard ferent procedures and provisions. or requirement specifically set forth in any other section of this Zoning Ordinance ar any other sec- It is not intended for this provision to be lion of the Wheat Ridge Code of Laws. used to circumvent the requirements of the Zoning Ordinance for lot perimeter set- (A) Stor¢ge of Flammable Liquids or Gases: No backs, lot coverage; residential density or aboveground storage of flammable liquids or any other provisions for the Zoning Ordi- gasses in excess of two thousand (2,000) gallons nonce except the requirement that only one shall be permitted in any district other than the (1) main building is permitted on one (1) Industrial District unless approved as a special Supp. No. 5 1769 § 26-30 WHEAT RIDGE CITY CODE lot. It also shall not be construed to waive In reviewing such applications, the any provisions of the subdivision regula- zoning administrator shall consider the lions. Any subsequent division of a lot de- standazds for approval set forth in sub- veloped in accordance with the provisions section (d)4. below and shall have the set forth herein shall be required to meet authority to establish necessary condi- all subdivision requirements. lions and Iimitations to carry out the (3) Application procedures. All applications for intent of this section. Planned Building Groups shall be filed with (b) Planning Commission Review: The the department of planning and develop- planning commission shall review and ment by the owner of the entire land area make recommendations to city council to be included within such plan and shall all applications for Planned Building be accompanied by a fee of one hundred Groups which exceed administrative re- dollazs ($100.00), adequate proof of owner- view authority and upon applicant ap- ship, acertified survey of the pazcel, and a peal of an administrative decision. Such Type II site plan which meets the provi- application shall be heard at public sions set forth in section 26-6(E)(2) of this heazings, with notification by neigh~ Zoning Ordinance. borhood meeting, newspaper, letter and posting as set forth in section 26.6(F). All applications under this section shall be (c) City Council Review: City council shall reviewed by the department of planning and review and decide upon all Planned development for completeness and, if found Building Group applications forwarded to be complete, shall be transmitted to any by the planning commission. Such hear- other agency which might be affected by ings shall follow notification and approval of such applications. Any such heazing procedures as set forth above agency may transmit comments and recom- for planning commission hearing. Ap• mendations to the Department of Planning peal from a decision of the city council and Development. The Zoning Adminis- shall be to the Jefferson County Dis• trator, the Planning Commission and/or trict Court as specified in the Colorado City Council shall consider such agency Rules of Civil Procedures. comments and recommendations when es- (d) Standazds for Review: The zoning ad- tablishingnecessary conditions and limita- ministrator, planning commission lions, and approving applications consid- and/or city council shall have the right ered herein. to approve, establish necessary condi- (4) Approoal procedures: lions and limitation in approving, or (a) Administrative Review: The zoning ad• deny an application for a Planned Building Group; provided that the fol- ministrator shall have the authority to , lowing standazds shall be applied in review and approve, approve with mod- ifications, or deny applications For such approval, denial or in establishing Planned Building Groups for no more such conditions and limitaticns. In re- than four (4) main structures on a viewing the Planned Building Group single lot ar pazcel, except in the R-1 application, the following shall be con- series, R•2 series and A-1 zone districts. sidered: Applications for more than four (4) 1. Whether the proposed plan is con• main structures or more than one (1) sistent with the spirit and intent main structure in the R-1 series, R-2 of the Zoning Ordinance and of the series and A-1 zone districts, and ap- Comprehensive Plan and that it peals by the applicant of the zoning ad- would not be contrary to the gen- ministrator's decision, shall be referred eral welfaze and economic pros- to the planning commission for review. perity of the city or the immediate Supp. No. 5 1770 ZONING AND DEVELOPMENT § 26.30 neighborhood and that the plan has been prepazed to achieve the benefit of improved design; 2. Whether there aze provided an ad- equate amount and proper Icca- tion ofpedestrian walks, maIIs and landscaped spaces to prevent pe- destrian use of vehicular ways and parking spaces, and to sepazate pe- destrian walks, malls and public transportation and loading places Crom general vehiculazcirculation facilities; 3. Whether the design provides for an arrangement of buildings and ve- hicular open spaces so that pedes- trians moving between buildings are not unnecessarily exposed to vehicular traffic; 4. Whether the plan provides for proper height, orientation and lo- cation of signs compatible with ad- jacent areas and with respect to traffic-control devices; 5. Whether the design is adequate for internal efficiency of the plan, con- sideringthe functions of residents, tenants and users, and including, but not limited to, public access, safety and such other factors in- cIuding storm drainage facilities; 6. Whether adequate and convenient arrangement is provided for road- ways, driveways, off-street pazking and Ioading space, facilities for waste disposal and illumination; 7. Whether external effects of the plan aze controlled, including, but not limited to, movement and con- gestion of traffic, arrangement of signs, placing of lighting device; to prevent the occurrence of nut sances, and the prevention of the accumulation of litter and trash; 8. Whether the plan is in compliance with the building and fire codes rel• ative to all aspects of construction and site development, including, but not Iimited to, accessibility by emergency vehicles; 9. Whether the plan has considered the comments and recommenda- tions made by the various review agencies to the greatest extent pos- sible orpractical under the circum- stances; 10. Whether necessary publicimprove- ments, including, but not limited to, curb, gutter, sidewalk, roadway and drainage Facilities as required, aze provided far in the plan for con- struction and dedication. (5) Recordings of PI¢nned Building Group plans. All approved Planned Building Group plans, including all conditions and limitation stated thereon, shall be recorded in the office of the Jefferson County Clerk and Recorder as an "Official Development Plan," and no building or site preparation permits shall be issued on property subject to such plan until such plan has been duly recorded. All Planned Building Group plays, together with associated recording fees, must be submitted to staff within sixty (60) days of the approval date, otherwise such approval may be reconsidered. Upon the fa~•e of such plan, the following decla- ration, signature blocks, approvals and cer- tification shall be stated: Declaration of Planned Building Group Whereas, (Insert name of all applicant(s) and owner(s)) have submitted a Planned Building Group Plan for the City of Wheat Ridge's approval pursuant to ; Wheat Ridge Code of Laws, section 26-30(C), for the land area legally described as: _ (Insert legal description of entire land azea to be covered by , WHEREAS, the City of Wheat Rid a has a the Planned Building Group); and g pproved said plan on Supp. No. 5 (Insert date of approval) 1771 § 26.30 WHEAT RIDGE CITY CODE Now, therefore, upon final approval of the PIanned Building Group by the City of Wheat Ridge, this declaration is notice to prospective purchasers of the land azea and to all others that it is the subject of a Planned Building Group and that said plan and the ordinances relating thereto are binding on sub- sequent purchasers, successors and assigns unless the plan is abandoned, amended or withdrawn in writing and duly recorded and shall limit the construction, use and operation of all land and structures included within such plans to all conditions and limitations set forth in such plans and ordinances. By: Name of Owners} Approved: State of Colorado .~.~e~ ~,ummumcy Levelopment Director County of ~ The foregoing instrument was acknowledged before me this day of 19_, by Witness by hand and official seal. My Commission Expires: (6) Amendment or withdr¢w¢l of recorded PZ¢nned Building Groups. Pursuant to the same procedure and subject to the same lim- itations and requirements by which such plans were originally approved and re- corded, Planned Building Group plans may be amended or withdrawn, either partially or completely, if all land and structures re- maining under such plans can be made to comply with atl conditions and limitations of such plans and all land and structures withdrawn from such plans can be made to comply with all regulations and ordinances of the City of Wheat Ridge unrelated to any special plan hereunder. Planned Building Group plans which have been approved by the planning commission and city council may have minor administrative adjust- ments or changes approved by the director of planning and development, provided that such adjustments or changes will not cause any of the following to occur: (a) A change in the character of the devel- opment; (b) An increase in the intensity of use; Supp. Na. 5 (Name of all applicant(s)/owner(s)) Notary Public Seal (c) A reduction in the originally approved sepazations or distances between build- ings; (d) Any change which would create prob• lems for circulation, safety or wiih util- ities; (e) An increase of the external effects on adjacent property; (f) A reduction in the originally approved setbacks from property lines which would violate the minimum setback re- quirements of the underlying zone; (g) An increase in total Floor area or of the ground covered by structures; (h) A reduction in the ratio of off-street pazking and loading space to gross floor azea in structures; (i) An increase in approved residential densities. Any amendments to recorded Planned Building Group plans, whether amended ad- ministratively or by action of the planning commission or city council, shall be recorded with the Jefferson County Clerk and Re- 1772 ZONING AND DEVELOPbIENT § 26.30 corder in the same manner as the origi- n~Y aPProved and recorded plan. Any with. drawal or partial withdrawal ofan approved and recorded plan shall be certified by the recordation of a "Declaration of Withdrawal" of a Planned Building Group. (7)' Subdivision of land subject to Planned Building Group Plan. Where it is desired to subdivide a pazcel of land, exclusive of con- dominium subdivision, which is either cur- rently subject to, or is proposed to be sub- ject to, the provisions of a Planned Building Group Plan, all requirements of the under- Iying zone district shall apply, except that setback from interior lot lines (that is lot lines not abutting public streets or abut- ting adjacent separately owned property) may be Iess than normally required if ap- proved by the planned commission and/or city council at the time of subdivision ap- proval. In addition, any land or facilities used in common, such as, but not Iimited to, drainage facilities and areas, common pazking azeas, ingresslegress drives, and landscaping or open space areas, shall be reserved by easement, or other acceptable instrument, for the continued right of common use of these areas or facilities. Maintenance of any such azeas or facilities shall accrue to the owner of each individual lot wherein such common area or facility lies, except that other property maintenance agreements may be acceptable if approved by the city attorney. It is the intent of this section 26.30(C) that subdivision review may be carried out simultaneously with the review of Planned Building Group plans per- mitted herein. All requirements of the subdivision regulations for either minor (four (4) or fewer lots) or for major (five (5} or more lots) subdivisions, in addi- tion to those of a Planned Building Group plan, must be satisfied if there are any parcel divisions created, or if there aze any dedications for streets or other public purposes. In cases where subdivision requirements are to be met as described herein, the applicant must submit sepazate sheet(s) in addition to the Planned Building Group plan. (D). Development on Multiple Parcels or Lots (Consolidation Plat or Deed): It is the intent of the City of Wheat Ridge that where a development entails the aggregation or consolidation of two (2) or more Iots or pazcels of land or portions thereof in order to accommodate such development, such shall be considered a development lot. Prior to issuance of a building permit in such instances, the owner shall file a consolidation plat or a con- solidation deed, together with certified boundary survey, which plat or deed and survey shall be reviewed by the department of public works for accuracy and, if found to be accurate, shall be recorded, by the owner, with the Jefferson County Clerk and Recorder. All consolidation plats or consolidation deeds for multifamily dwelling development shall be ac• companied by a Type I site plan, as set forth by section 26-6(E) of this Zoning Ordinance. Such con- solidation plats and deeds, together with the site plan, shall be subject to review by the planning commission and city council following the same application procedures, notice requirements and approval procedures and standazds for review as for a PIanned Building Group. The purpose of these provisions is to avoid the construction of overly Iazge buildings which may negatively impact sur- rounding neighborhoods by obstructing light and air and by making access for fire protection diffi- cult, and to prevent construction of one (1) large building to avoid compliance with the subdivision regulations, and to encourage construction of smaller buildings which could give opportunities for better design of setbacks, landscaping, parking vehicuIaz and pedestrian circulation and drainage facilities. (E) Cluster Subdivision: (1) Defznition. A cluster subdivision is a subdi- vision ofland inwhich the areas and widths of residential lots aze reduced below the minimum lot azea and lot width require- ments of the zoning district in which the subdivision is located and where common space azeas are provided to compensate for such lot reduction. Supp. No. 5 1773 § 26-30 WHEAT RIDGE CITY CODE (2) Permitted uses. A cluster subdivision shall be a permitted use in the Residential•One (R-1), Residential-One A (R-lA), Residential-One B (R-1B), Residential-One C (R-1C), Residential-Two (R-2), Residential-Two A (R-2A), Residential Three (R-3) and Residential-Three A (R-SA) districts, and notwithstanding any other provision of this Ordinance, the provisions as hereinbefore set forth shall be appli- cable if any conflict exists. (3) llntent.J Cluster subdivisions aze intended to allow flexibility in subdivision lot design by permitting the development of homes on lots smaller than normally required for the zoning district in which the subdivision is located and by dedicating or reserving land so saved to needed open space. It is not in- tended that this type be universally ap- plied but only where circumstances of nat- ural features and land use make it appropriate and of special benefit to the res- idents of the subdivision and surrounding azea. (4) General regulations. Where land is proposed for subdivision into lots, and a subdivider dedicates property for recreational use or open space, a reduction in the minimum lot azea and the Iot width required for the zoning district in which the cluster subdi- vision is located, may be approved by the planning commission; provided, the provi- sions of this section are met and provided the cluster division receives subdivision ap- proval. (5) Lot are¢ regulations. The minimum lot azea for dwellings may be reduced below the area normally required in the zoning district in which the cluster subdivision is located, but no lot shall be reduced in excess of twenty (20) percent of the minimum lot azea re- quiredfor such dwelling or structure in such district. (6) Width, yard and height regulations. Yard, yard use and height regulations shall be the same as for the district in which the cluster subdivision is located. The minimum lot width and side yard may be reduced below the width and side yazd normally re- quired in the district in' which the cluster subdivision is located, but no lot shall have a width or side yazd reduction in excess of twenty (20) percent of the minimum lot width or side yazd required in the appli- cable zoning district. (7) Open space substitution. There shall be per- manently reserved within the subdivision for recreational and/or open space pazcels of land whose total azea is not less than the amount by which the azeas of the residen- tial Iots aze reduced below the minimum azea normally required in the zoning dis- trict in which the cluster subdivision is lo- cated. (S) Open space preservation and maintenance. Recreation and/or open space azeas to be permanently reserved shall be improved, landscaped and maintained in accordance with plans approved by the planning com- mission and parks and recreation commis- sion or by their designated representatives. Such appeal shall be made prior to the cluster subdivision becoming a permitted use in the zoning district in which it is pro- posed. (9) IReuiew.] Cluster subdivisions shall be re- viewed pursuant to the procedures set forth in the subdivision regulations, Article III of this chapter. (F) Building Setback Exception: If fifty (50) per- cent or more of the main buildings within a built-up area in any residential district have more or less than the required front yazd, each new main building shall have a front yazd consistent with the average building setbacks in the imme- diate area, except that for the purpose of com- putingsuch average, a front yazd in excess of fifty (50) feet shall be deemed to be fifty (50) feet, and a setback less than fifteen (15) feet shall be deemed tc be fifteen (15) feet. For the purpose of this reg- ulation, animmediate area shall be deemed "built- up" if fifty (50) percent or more of the lots within the same block and within two hundred (200) feet on each side lot line of any particular lot have been improved with buildings. However, in no in- stance shall a structure encroach into a required site distance triangle. Supp. No. 5 1774 ~_~ ZONING AvD DEVELOPMENT § zs•ao (G) Emergency Shelters Operated by Churches: (a) to cn el into the shelter. This policy wll Within any district which permits churches that in the city at the time of passing of ti i either rovide that all shelter occupants p d - i ng s were ex so ze will be prescreened by recogn this Ordinance, a church corporation or a non- cial agencies or that the facility will profit corporation with church sponsorship may helter under the following em to a counselor with the training operate an emergency s limitations. This section describes an additional and com etency to screen out and refer elsewhere persons with drug, alcohol, church Function which may take place in a church ersonal or emotional problems which facility far the purpose of meeting an urgent com- make them unsuitable for this kind of munity need to shelter homeless families. minimal•caze facility. The shelter shall be For families and single per- (b) The hours of operation shall be deter- The maximum stay of any person shall be sons mined by the individual shelter. Ade• . three (3) weeks. There shall be a maximum of quote supervision shall be provided forty-five (45) people allowed per shelter on any during the hours of operation. night. The shelter shall be responsible for pro- (c) provisions of all meals; however, meals viding transportation of the homeless out of the may not be provided to other than in- area during the hours the shelter is not in opera- habitants, staff and visiting church and This shall be a use by right in any church tion social agency personnel. . building or in any church-owned facility; provided, (d) proper care and supervision of chil- 'that the license requirements of subsection (1) dren. hereof aze met. The structures must meet the (e) An established referral network and building code, the health codes of the county and transportation to existing health, job state, and conform to all city codes for the pri- counseling, housing, police, legal, wel• many use as a church. faze and other social agencies. (1) License requirements. Any church organi- ainin anld/or experience to est blish (0 tO zation wishing to operate an emergency shelter shall apply for and receive a license r an ind~idualized plan of services or t necessary for each family to t through the planning and development de- men trea rove its ability to function indepen- i partment for a period of four (4) months, m r• in the community. dentl unless the applicant reapplies for an exten- i _ f A co v of the contract bettiveen the g) on Sion. The fee far such license applicat ve dollars ($5.D0). Along with the 11 b f h church and the applicant shall be at- i e a s application shall be (given] information in- tached to the application. dicating the name of the organization op- (2) Sign¢ture on License. The fallowing official erating the shelter, the related church spon• shall sign each license that is issued: sorship, the name of the on-site mariager(s) (a) The director of planning and develop- with identifying information, the phone number at the site, the address of the the number of people to be tion l meni. (b) The mayor. , oca shelter housed in the shelter relating to building All complaints shall be referred to the code requirements, a letter from the Jef- department of planning and develop- ferson County Health Department indi- ment. If three (3) or more complaints cating that the facility meets all current are received which, upon investigation dicate actual i codes, and a certificate of inspection From t Ridge Building Division indi• Wh h n by the proper agency, problems of operation of the facility, a ea t e cating that building codes and the fire code public hearing shall be set before the requirements are met. city council to review the compiaints and accept any additional evidence The facility and/or its personnel will be re- which may be submitted at the hearing sponsible for the following: SuPP. No. 5 1775 $ 26.30 WHEAT RIDGE CITY CODE to determine if the license should be revoked. The director of planning and development may initiate a public heazing based on a single incident if it is considered to be serious enough to justify a hearing before the city council. The council shall judge the evidence Co determine if the shelter is meeting the requirements in this Ordinance. If council, after receivingevidence at such public heazing, determines that the pro- visions of this section are being vio- lated so that operation of the shelter creates a situation detrimental to health, safety or welfare, such license shall be revoked. Such notice of public heazings shall be by a sign being placed on the premises and a notice in a local newspaper of general circulation at least seven (7) days prior to the hearing. IH) Standards and Criteria for Desigrz, Irzstal- lation and Maintenance of Holding Tanks for Sarz- itation Purposes: (1) In all instances and cases where installa- tion and maintenance of holding tanks for storage of sewage is required by any sani- tation district providing service to property within the City of Wheat Ridge, plans for such holding tanks shall meet the following design, installation and maintenance stan- dards and criteria, or the sanitation dis- trict's criteria, whichever criteria is most restrictive, and such plans shall be subject to review and final approval by the plan- ningcommission and city council under con- ditional use provisions of section 26.6(A) of this Zoning Code. (a) Holding tanks shall be designed for a minimum of one (1) day's capacity, con- trolled dischazge timed for low flow pe- riod between midnight and 6:00 a.m. (between midnight and 6:00 a.m., at a dischazge rate not to exceed 0.5 cfs). (b) A holding tank of 24-hour capacity may be concrete, steel or fiberglass; al- though if the tank has a round bottom, pumps must beset so that the entire tank will be emptied to prevent an ac- cumulation of solids in the bottom. Sapp. No. 5 1776 (c) Dual pumps shall be installed with each pump having the capacity to empty the tank during the designed dis• chazge period of midnight to 6:00 a.m. (d) An automatic pump control system ac- tivated by a time clock of an electrical system automatically energized be- tween midnight and 6:00 a.m. shall be provided and installed. (e) A submergible aerator mixer shall be operational in the tank to prevent sewage from settling and becoming septic. (fl A11 tanks shall be vented through a building stack. (g) A high fluid warning light and alazm horn shall be operational. (h) Any system designed and installed within the city is the responsibility of the owner to operate and maintain. Prior to obtaining a certificate of occu- pancy, the owner sha1I furnish the city a specific and satisfactory maintenance program commitment and/or agree• ment. (2) The standazds and criteria set forth in sub• sections (1)(a) through (1)(h) above consti- tute minimum standards and criteria for safe and acceptable holding tank design, installation and maintenance. Authority is specifically reserved to the city council to require design, installation and/or mainte• nance subject to more stringent criteria and standards than those set forth herein anon a specific finding by the city council that imposition of such stringent requirements is specifically necessary to protect the health, safety and welfaze of the public; pro- vided, that no application shall be denied for the failure of any applicant to meet such additional standards and requirements un- less said applicant has been advised of the content of and necessity to meet such addi- tionalrequirements inwriting byeither the planning commission or the city council no less than thirty (30) days prior to the date upon which said application is finally heazd and decided. (3) The City of Wheat Ridge specifically re- serves the right and authority to inspect ZONING AND DEVELOPMENT § 26-30 and approve the design and installation of thirtysix(36)inchesand nineiysix(96) any holding tank prior to issuance of a cer• inches high is maintained free and tificate of occupancy upon any building or clear of obstruction; and further pro- structure. The failure of any holding tank vided, that a sign pole does not exceed to meet the requirements imposed upon ii one (1) foot in diameter. One- and tw•o- pursuant to this section 26-30(H) shall con- family dwellings shall be exempt from stitute grounds for the denial of any certif- application of the fifteen•foot driveway state of occupancy or the issuance of an sight distance triangle requirement. order to vacate the premises as a "danger- (See Figure 26.31.1.) ous structure" pursuant to the provisions (b) Amortization of nonconformities. of the Uniform Code for the Abatement of Within a required sight distance tri- Dangerous Buildings, 1982 Edition, adopted angle any Legal nonconforming land- bythe city in Ordinance 509, Series of 1982. scope plant materials shall conform to (I) Fences Wa11s and Obstructions to View: these regulations within three~3)years , Fences and divisional walls are permitted in any of the date of adoption of this Ordi• zone district with the issuance of a Fence permit nonce. Any legal nonconforming fences, approved by the planning and development de- divisional walls or signs shall conform paztment in accordance with the following provi• to these regulations within five ;5) years. For more specific requirements sions: , regarding nonconforming situations, (1) Permitted fence, etc., heights. No fence, di- see section 26.7. visional wall or hedge above the height of forty-eight (48) inches shall be permitted gig) (rOlllnlRS, pales and posts. $uppori columns, within aminimum required front yard. or poses or posts shall be permitted to be con- above the height of six (6) feet in instances strutted up to one (1) foot higher than the not otherwise specified. permitted fence heights; however, the col- umns, poles or posts cannot be constructed ~2) Sight distance triangle requirement: in such a manner as to constitute a trafFc la) No fence, divisional wall, hedge or hazard due to obstruction of view. No such other obstruction to view in excess of column, poles or posts~vhich extends above - forty-two (42) inches high, except for the maeimum fence height shall be per- permitted landscaping, signs or public misted to be constructed greater than two ' utility pales, shall be established or Beet by two feet (2' x 2 ) and no less than maintained on a corner lot within a tri- ten (10) feet on center. angular azea bounded by the Iot lines (4) Fences and divisional walls permitted: and a Iine connecting points on each (a) l~fasonry walls. lot line either twenty-five (25)feet from (b) Ornamental iron the intersection of such lot lines for . (c) Woven wire and chainlink local streets or fifty-Five (55) feet from . (d) Waod the intersection of such lot lines for coI• . (e) Hedges. lector or arterial streets. The same shall (f) Bazbed wire: apply to the intersection of driveways and public street, except that the sight 1. Barbed wire shall be permitted distance triangle maybe reduced to fif- only in Agricultural One (A-1) zone teen (15)feet. Street trees required by districts, or within any zone dis• section 26.32 and signs allowed by the trict if located within floodplain Wheat Ridge Code of Laws, Article N areas, or in residential zones for of this chapter, may be permitted the keeping of large animals where within the regulated sight distance tri- allowed, provided any barbed wire angle; provided, that the azea between is located at least three (3) feet in• Supp. No. 5 1777 § 26.30 WFIEATRIDGE CITY CODE side of another permitted fence and locking and closed and kept lacked that the other fence is at least when the pool is nob in use. In situa- forty-twe (42)inches high; or tions where the six-foot fence require- 2. Bazbed wire shall be permitted in mens exceeds other fence height re- Commercial and Industrial zone quirements, except for sight distance districts where placed on top of a requirements, the higher requirement six-foot-high fence or higher where shall take precedence. permitted. Barbed wire placed on (8) Maintenance. All fences shall be maintained top of a fence shall not be counted in a structurally sound and safe condition, towazd the height of a fence. The and shall not be allowed to deteriorate so barbed wire placed on top of a fence as to become unsightly nuisances to neigh- shall not be greater than two (2) boring property or to the general public. feet in height and shall point in• wards towazds the property. (J7 Satellite-Receiving Earth Stations: (5) Fence Type prohibited: (1) Term defined. A "satellite earth station" (a) Any fence, if in the opinion of the chief means an antenna of any size, shape or de- scription designed for the purpose of re- building inspector, public works di• ceiving microwave transmissions directly rector, orchief ofpolice, that would con- or indirectly from satellites. stitute a hazazd to the health or safety of any person; and (2) Permit required; application arzd fee. No lb) Any. Fence which does not comply with person shall erect a satellite eazth station the provisions hereof, unless a vazi- in the city without first obtaining a permit, ance has been approved. and no installation or erection shall com- mence before such permit is issued. (6) Planned developments. Fences and divi- sional walls within a planned development (3) Application for permit and plans: may vary from the standards set forth (a) Any person who desires to install or herein; however, in such case they must be erect a satellite earth station shall in conformance with the provisions specif- apply to the department of planning ically set forth for fencing and walls as ap- and development for a permit. An oc- proved in the official development plan. cupant, renter or co-owner shall have (7) Recreational fences: - the written permission of all owner(s) of the lot, premises or pazcel of land (a) Open fences (over eighty (80) percent within the city on which such satellite open) may be constructed to a height earth station is proposed to be installed not to exceed ten (10) feet far the uses or erected. listed below. Such fences shall conform (b) The applicant shall submit a written to all setback requirements for struc- application upon forms provided by the tures in this district: department of planning and develop- ment and shall also submit: Recreational uses 1. A plot plan of the property or 1. Tennis courts. pazcel of land showing the exact 2. Volley ball courts. location of the proposed satellite 3. Swimming pools. earth station and all other build- 4. Golf driving ranges. ings on the subject property; 5. Goals and backstops. 2. A description of the kind of satel• 6. Other similar uses. lite earth station proposed; (b) Swimming pools shall be enclosed by a 3. Plans showing specifications and six-foot fence, with all gates being self- elevations of the proposed satellite Supp. Na. 5 1778 ZONING AND DEVELOPMENT § 26.30 earth station with sufficient de- 4. Nat roof-mounted; and tails to show the method of as- 5. Located only in the reaz or side sembly and construction. yazd with the base a minimum of (c) The written application shall indicate ten (10) feet From any property line, except that where a side yazd abuts the names of the owner(s) of the subject a public street, such antenna shall property, the occupant of the subject not be permitted in that yazd; and property, the occupant of the subject premises and the contractor or other 6. Screenedsothatthefullvisualim- person proposed to construct or erect pact of satellite receiving antenna the proposed satellite earth station. shall be reduced. If the subject (d) The duector of planning and develop- pazcel adjoins a residential zone, ment, or his designee, may issue the all antennas shall be effectively permit, provided the applicant has met screened by a fence, wall or dense all requirements of this chapter. screening hedge to a maximum (4) Permit fee. Prior to issuance of a permit for height of six (6) feet. Said fence, wall or hedge shall be located on a satellite earth station, the applicant shall or neaz the lot line bounding the pay the fee specified by the Uniform residential zone and shall other- Building Code for building permits, based wise comply with the applicable on valuation of the project. zoning requirements governing its (5) Inspection and installation. The director of location. planning and development, or his designee, may inspect and reinspect erected or in- (b) Business, Commercial or Industrial stalled satellite earth stations, and should, Zone Districts: A satellite eazth sta- in his opinion, any structural or electrical tion may be located in any business, deficiencies become apparent or develop commercial or industrial zone,provided with regard to the satellite earth station that it is: such as to cause said station to be or to 1. Neutral in color, nonreflectiveond' become out of compliance with any city- bears no advertising emblem or in- adopted codes or ordinances or regulations, Formation other than the name of he shall require compliance with the provi- the manufacturer in letters not to sions of applicable codes. exceed two (2) inches in height; and (6) Location of satellite earth stations: 2. Limited to one (1) per lot or per main building; and (a) Residential Zone Districts: A satellite ^-,, Not in excess of twelve (12) feet in earth station may be located in a resi- diameter or twenty (20) feet in dential zone, provided that it is: height (unless roof-mounted); and 1. Neutral in color, nonreflective and 4. Not in excess of the maximum beazs no advertising emblem or in- height of the zone district in which Formation other than the name of the satellite earth station is located the manufacturer in letters not to ifroof-mounted. A study of roof ca- exceedtwo (2) inches in height; and pabilities to handle the additional 2. Limited to one (1) per lot, except load shall be submitted with multifamily developments may permit and plans; and have one (1) per main building 5. Not constructed any closer to the where there are multiple main ground, if not located directly on buildings on a lot; and the ground, then seven (7) feet 3. Not in excess of twelve (12) feet in above ground level; and diameter; nor fifteen (15) feet in 6. Not located between a building and height; and a front lot line, ifground-mounted. Supp. No. 5 1779 § 26.30 WHEAT RIDGE CITY CODE If the subject parcel adjoins a res- identialzone, all antennas shall be placed a minimum of ten (10) feet from any lot line and effectively screened by a fence, wall or dense screening hedge to a maximum height of six (6) feet. Said fence, wall or hedge shall be located on or neaz the lot line bounding the residential zone and shall other- wise comply with the applicable zoning requirements governing its location. (7) Satellite earth station construction; support structures: (a) Only galvanized metal support con- struction or equivalent shall be per• mitted. (b) The structure, installation and elec• trical wiring must be in conformance with the National Electrical Code and any other applicable city building, zoning and fire codes. (c) Only a concrete base or caissons, de- pending on soil conditions, extending not less than three (3) feet below the surface, shall be employed in line with grade. (d) The structure, including the founda- tion, shall be designed to withstand wind force of up to ninety (90) miles per hour. (e) Any driving motor shall be limited to 125-volt maximum design voltage and all other rotating parts shall be con- tained in protective guazds. ffl The satellite earth station shall be bonded to a grounding rod in accor• dance with the requirements provided in the National Electrical Code. (81 Board of adjustment authority. Authority is expressly granted to the boazd of adjust- ment to hear requests for vaziance, and to grant variances, from the provisions of this section 26.30(J). (9) Exemption of cable television permittee. It is the expressed intent of the Wheat Ridge City Council that the provisions of this Or- Supp. No. 5 dinance shall not apply to American Cable- vision of Wheat Ridge or any successor, ad- ditional franchisee or permittee under chapter 23 of the Code of Laws of the Cit} of Wheat Ridge. (10) Statement of purpose. The city council of the City of Wheat Ridge is cognizant of the provisions of the rule adopted by the Fed• eral Communications Commission as Sec- tion 25.104 of the Commission's Rules and Regulations. As its response thereto, the city council does hereby declare that the purpose of adopting this section 26-30(J) is to protect the aesthetic integrity of the City of Wheat Ridge and the neighborhoods thereof. In adopting said section 26-30(J), the city council has attempted to adopt reg- ulations which provide for such aesthetic protection while placing the least possible restrictions or limitations upon the legiii• mate ability of residents to avail themselves of the current and future technology repre- sented by satellite signal-receiving earth stations. The city council has knowingly and intentionally provided for restrictions on such aspects of satellite signal-receiving earth stations as color and location and root mounting because those aspects of regula• tion relate directly to aesthetic consider- ations which aze important to all residents of the city, not just those who choose to avail themselves of the technology of satellite signal•receiving earth stations; and those aspects of regulations which aze deemed not to interfere unreasonably with the right of a homeowner or business owner to avail himself of, and to receive, said technology. In addition, the right of an age ieved prop- erty owner to seek a variance from the pro• visions of this section 26-30(J) provides ad• equate protection, without unreasonable or excessive cost, of the rights of both the user of the technology and the remaining prop- erty owners within the city. (K) Overlay Zone: (1) Purpose. This section 26.30(K) is enacted for the purpose of regulating the uses of property, and design and the development criteria applicable to properties, within 1780 ZONING AND DEVELOPMENT areas designated as a "multiple use area" and/or an "activity center" within or upon the Comprehensive Development Plan of the City of Wheat Ridge. Because the Com- prehensive Development Plan defined "mul- tiple use" as including "a mix" of residen- tial, office and retaiUcommercial uses, and because "activity center" constitutes prop- erties of significant development potential, some of which uses and developments may be incompatible with neighboring or ad- joining properties and/or uses, imposition of design standards and the authority, in certain cases, to limit uses otherwise pro- vided in underlying zoning districts is deemed necessary and proper by the City of Wheat Ridge in order to maintain the right and authority of the city to provide for or- derly and necessary development while being sensitise and responsible to the legit- imate needs and concerns of surrounding and adjoining property owners and resi- dents. (2) Within any area designated as a multiple use azea or an activity center upon the Com- prehensive Plan, site plan approval shall be required prior to final approval of any rezoning, final development plan or special use permit. The planning commission and the city council shall review site plans which comply with the requirements of sec• tion 26-6(E)(1) for a Type I site plan, and shall review proposed uses within said azeas so as to determine that such uses as pro- posed, and design criteria within such de- velopment as proposed, aze compatible with other uses made, and design criteria uti- lized, within the neighborhood and the sur• rounding azea. Uses provided for in under- lyingzone districts may be limited, modified or eliminated, and/or additional design cri- teria may be imposed upon the expressed Finding by the planning commission and/or city council, based upon evidence deemed persuasive by the city council and ade- quately appeazing in the iecord of a public hearing before either the city council or the planning commission, that the uses lim- ited, or the desigri criteria modified, aze in- Supp. No.6 § 26.30 compatible with uses made upon sur• rounding properties; or that such uses as proposed would create excessive traffic, noise or air pollution; or that such uses or project design would result in a density or intensity of use which would be deleterious to the stability and integrity (both economic and aesthetic) of the surrounding area. Nothing contained herein shall divest any property owner of any uses by right granted by underlying zone districts or existing by virtue of zoning on property as of September 1, 1986, except upon review of rezonings, 6na1 development plans, and special use permits as specified herein; provided fur• ther, that nothing contained herein shall require submission of a site plan prior to the development of single-family residen- tialunits in any azea which carries a zoning designation of R-1, R-lA, R-1B, R-1C or R-2. (L) Regulations Applicable to the Keeping of An- imals: The fallowing regulations apply to the keeping of animals in zone districts where per- mitted, except that only subsection (L)(ll(b.). below applies to the Agricultural zone districts. (1) Large animals. Private stable for the keeping of horses, cows, llamas, sheep, goats and similar animals aze subject to the Col- lowing requirements: (a) Minimum azea or lot, excluding area covered by a main structure and at- tached carports or patios, and excluding detached garages, shall be nine thou- sand (9,000) squaze feet for the first an• imal and an additional six thousand (6,000) squaze feet for each additional animal, except that offspring of ani• mals on the property may be kept until weaned.. (b) Manure or liquid waste shall not be allowed to accumulate so as to cause a .nuisance as regulated by Wheat Ridge Code of Lawa, Chapter 15. (c) The pen, corral or fenced azea for the keeping of such animals shall meet the following requirements: 1. The fence or other enclosure must be constructed of materials and 1781 _ ___ ___ - _. § 26.30 WHEAT-RIDGE CITY CODE must be maintained in such a manner so as to adequately con- tain the animals. 2. The pen, corral or fenced azea for the regular keeping of such ani- malsshall not be permitted within thirty (30) feet of the front lot line, except for lots over one (1) acre, or if under one (1) acre if the lot has no main structures. 3. No part of an enclosure for the keeping of such animals shall be permitted within thirty (30) feet of a residence or other main struc• ture on an adjacent parcel. (d) 1. Structures or those portions of structures where animals are housed shall be no closer than fif- teen (15) feet to a side or reaz lot line and shall be no closer than thirty (30) feet to a residence or other main structures on an adja- cent pazcel. 2. The structures for keeping of ani- mals aze accessory structures and shall not be located within the re- quired front yard setback. (e) The legal, nonconforming keeping of such animals maybe continued so long as such keeping of animals remains oth- erwise lawful; except where such keeping of animals is discontinued for a period of sixty (60) consecutive days or more, then said keeping of animals must conform to the provisions hereof or must cease. Upon sale of a property, the minimum requirements of subsec- tion (L)(1)(a) (minimum lot azeas) shall be met or the keeping of animals must cease. (2) Sma11 animals and poultry. The private keeping of small animals, such as rabbits and chinchillas, or poultry, such as chickens, ducks, geese, pheasants or pi- geons, shall be subject to the following re- quirements: (a) Poultry houses and pigeon coops, or the portions of structures used to house Supp. No. 6 these animals, shall no't exceed foar hundred (400) square feet of ground floor area nor twelve (12) feet in height. (b) Hutches for small animals shall not ex- ceed one hundred (100) square feet of ground floor area with a maximum of two (2) floors or levels. (c) Maximum ground £foar azeas for small animals or poultry set forth above may be increased by fifty (50) percent for each acre in addition to the minimum lot size for the zone district. (d) All houses, coops, hutches or portions of structures housing animals shall be located other than in a Front yazd, shall beset back at least fifteen (15) feet from side and reaz property lines, and shall be no closer than thirty (30) feet from a residence or other main structure on an adjacent property. (e) The accumulation of animal waste to the extent that such becomes a nui- sance to surrounding properties is pro- hibited, as regulated by Wheat Ridge Code of Laws, section 15.23. (f) The IegaI, nonconforming keeping of such animals maybe continued so long as such keeping of animals remains oth- erwise lawful; except where such keeping of animals is discontinued for a period oCsixty (60) consecutive days or more, then said keeping of animals must conform to the provisions hereof or must cease. (3) Keepingofbees.Theprivatekeepingofbees_ is permitted in all zone districts, subject to the following requirements: (a) Beehive structures shall be located other than in a front yard and shall be set back from rear and side property line a minimum oC fifteen (15) feet. (b) Beehive structures shall be enclosed within a fenced azea or fenced yard. (M) Bed-N-BreaF~'ast Rooms: Bed-N-breakfast rooms are allowed as a special use as a subordi- nate use of aone-family dwelling subject to the following requirements: 1782 ZONING AND DEVELOPMENT (1) The dwelling must be occupied by the owner. (2) In addition to the owner's sleeping quar• ters and those of his family who also le- gally reside within the dwelling, up to a maximum of four (4) additional sleeping quarters for transient occupancy may be provided for rent based upon the following requirements: (a) Twelve thousand five hundred (12,500) squaze feet of lot area is required for the first bed and breakfast room. (b) An additional one thousand (1,000} squaze feet of lot area is required for each additional room, up to a maximum of four (4) bed and breakfast rooms in total. (c) Off-street parking, in addition to the spaces required for the one•family dwelling, shall be provided at the rate of one (1) space for each bed and break- fastroam. The location, surfacing, buff- eringand access requirements for such parking shall be established by the planning commission and city council as the required site plan is reviewed by those approving bodies. (d) Rooming and boazding is excluded as an accessory use where bed and break• fast use is permitted. i3) All building, fire, health and other appli- cable codes of laws shall be met prior to issuance of a certificate of occupancy for the use, even though the special use may have been approved. f4) One(1)nonilluminatedfreestandingorwall sign, not in excess of four (4) squaze feet per Face, shall be permitted. Freestanding signs shall be set back at least ten (10) feet from property lines, and fifteen feet (15) from driveways, and shall be no higher than Four (4) feet. f51 The special use permit shall be granted to the owner or proposed owner of the prop- erty at the time of application and shall not be transferable to a future owner. Supp. No. 6 § 29-30 (N) Access to Public Streets: No building permit or certificate of occupancy shall be issued or ap- proved for any structure not adjacent to a full width dedicated street as required in the subdivi• sion regulations of the City of Wheat Ridge or, in a situation where such requirement cannot be met, on easement(s) or private roadway(s) of record having a minimum width of twenty-five (25) feet. For residential uses, no more than four (4) dwelling units may use the same recorded ease- ment or private roadway of record. For nonresi- dential uses in residential zone districts, no more than ten thousand (10,000) squaze feet of gross floor area, either individually or in combination, will be permitted to use the same easement or private roadway. Commercial and industrial uses will be permitted such private easements or road- ways only after review and approval by the public works director, planning and development director and fire district. All private easements or road- ways shall be designed to permit either an ade- quate vehicle turnazound, if a deadend, or through circulation. For nonresidential uses, such private access shall have a paved, unobstructed driving surface for the entire twenty-five (25) feet of width. For residential uses, the first twenty-five (25) feet From edge oC pavement of a public street into the property shall be paved to a width of no less than twenty (20) Feet and the remaining access road shall be developed to at least twenty (20) feet of width, either a paved surface or other all-~a~eather surface including a gravel base. (O) Building Setbacks-Measurement Thereof. Generally, building setback shall be measured at right angles from the closest property line to the outermost wail of a building. Encroachment into required setback areas shall not be permitted ex- cept as follows. I1) Porches, patios, decks and balconies. Porches, patios, decks and balconies which aze open on at least two (2) sides may en- croach into a front setback up to eight ~Si feet or into a side or rear yazd a maximum of one-third the distance to the closest prop- erty line. 1783 § 26.30 WHEp,T RIDGE CITY CODE ' (2) Architectural features. Cornices, eave belt- courses, sills, canopies or other similar az- chitectural features, including bay windows, may extend or project into a required front, side or rear yard not more than thirty (30) inches. (3) Chimneys. Chimneys may project into a re• quired front, side or rear yazd not more than two (2) feet, provided the width of such yard is not reduced to less than three (3) Feet. (4) Fire escapes, open stairways. A fire escape or open stairway may extend into any front, side or reaz yazd; provided the width of such yazd is not reduced to less than three (3) feet. (P) Residential Group Homes: (1) Residential group homes for eight (8) or /'ewer developmentally disabled persons, mentally ill persons or for elderly persons. In accordance with C.R.S., 1973, as amended, § 31.23-303, group homes for not mare than eight (8) developmentally dis- abled, mentally ill persons and elderly per- sons are permitted under the following con• ditions: (a) Group Homes for the Developmentally Disabled: This is a residential facility licensed by the state for the purpose of providing24•hour staffcare, shelter, su• pervision, training and/or rehabilita• tion to no more than eight (8) develop- mentally disabled persons and additional required staff. As defined in C.R.S. § 31-23-303, "Developmentally disabled" means those persons having cerebral palsy, neuromuscular, mental retardation, autism and epilepsy. A group home for the developmentally disabled shall not be azchitecturally de- signed so as to be inconsistent with the chazacter of the surrounding neighbor- hood. Every group home for the devel- opmentally disabled shall meet all re• quirements of asingle-family home and, additionally, shall meet the re• quirement that the lot azea shall be a minimum of fifteen hundred (1500) Supp. No. 6 square feet for each bed contained within the home. No group home for the developmentally disabled shall be located closer than two thousand (2000) feet from another group home for the developmentally disabled and no closer than seven hundred fifty (750) feet to a group home for the elderly, and in no instance shall more than one (1) group home for eight (8) or fewer developmen- tally disabled persons be permitted within each council district. (b) Group Home for EIderly Persons: This is a residential facility established as either an owner•occupied or nonprofit group home for the exclusive use of noc more than eight (8) persons sixty (60) years of age or older who do not need skilled and intermediate care facili- ties, plus no more than two (2) live-in staff persons. A group home for elderly persons shall not be architecturally de- signed so as to be inconsistent with the character of the surrounding neighbor- hood. Every group home for elderly per• sons shall meet all requirements of a single-family home and, additionally, shall meet the requirement that the lot area shall be a minimum of fifteen hun- dred (1,500) squaze feet for each bed contained within the home. No group home for elderly persons shall be lo- cated closer than two thousand (2,000) feet From another group home for eld• erly persons and no closer than seven hundred Gfty (750) feet to a group home for the developmentally disabled. and in no instance shall more than one i11 group home for eight (8) or fewer eld• erly persons be permitted within each council district. (c) Group Homes for the Mentally IlI: This is a residential facility far persons with mental illness, as that term is defined in C.R.S., § 27.10.102,Iicensed by the state for the purpose of providing '24- hour staff care, shelter, supervision. training and/or rehabilitation to no 1784 Supp. No. 6 ZONING AND DEVELOP4fENT more than eight (8) mentally ill per• sons and additional required staff. A group home for the mentally ill shall not be azchitecturally designed so as to be inconsistent with the character of the surrounding neighborhood. Every group home for the mentally ill shall meet alI requirements of a single- family home and additionally shall meet the requirement that the lot azea shall be a minimum of fifteen hundred (1,500) squaze feet for each bed con- tained within the home. No group home for the mentally ill shall be located 1784.1 4 2630 ZONINGAND DEVELOPMENT closer than two thousand (2,000) feet from another group home for the men• tally ill and no closer than seven hun• dyed fifty (750) feet to a group home for the elderly or developmentally dis- abled, and in no instance shall more than one (1) group home for eight (8) or fewer mentally ill persons permitted within each council district. (d) Certificate of Occupancy: Prior to occu- pancy of any group home for the men- tally ill, the deveIopmentaIly disabled or elderly persons, a certificate of occu- pancy must be requested through the department of community deveIop- ment. The planning division shall re- view such requests relative to all zoning requirements, and the building inspection division shall review such requests relative to the building and fire codes prior to issuance of a certifi- cote of occupancy. In additien, the de- partment of community development shall post a sign on the premises, in a highly visible location, for a time pe• riod of fifteen (15) days prior to the is• suance of a certificate of occupancy, with such sign announcing the intent to occupy the premises with a group home. The sign is for information pur- poses only so that interested parties may review the proposal in the depart- ment of community development. (2) Residential group homes for nine (9J or more developmentally disabled persons or elderly persons. Such group homes, as defined, de- scribed and conditioned under subsection (P)(1)(b) this section, but where nine (B) or more developmentally disabled or elderly persons are to occupy a group home, shall be permitted only upon approval of a spe- cial use permit, after public hearing by the planning commission and city council. In addition to the standards and criteria set forth under subsection (P)(1)(b), which apply to group homes for developmentally disabled and elderly persons, the following shall be required in order to provide infor• motion for the planning commission and Supp. No. 5 § 26-30 city council to reasonably assess the poten- tial impacts to the community when con• sidering approval of a special use permit: (a) A site plan of the site indicating prop- erty boundaries and total area, loca- tion and extent of all existing and pro- posed buildings; parking and circulation areas; landscaping and buff- ering, fences, walls, etc.; recreational facilities and open space; outdoor lighting facilities; trash receptacles; or any other physical features that might help identify the expected character of the proposed facility. (b) For homes For the developmentally dis- abled, aletter from the agency li• tensing the facility with the following information: 1. The fact that the agency has li- censed or is preparing to license the facility. 2. Special needs ofthe residents,such as on•site schooling or training, and any facilities needed to meet such special needs. 3. The number of persons for wham the license is being issued. 4. The approximate ages of the per- sons expected to occupy the group home. (c) For homes for the elderly, information submitted which describes the foI- lowing: 1. Maximum number of persons to oc- cupy the home. 2. Explanation of the general organi• zation and management of the household. (3) Residential group home for children. This is a residential facility, lawfully licensed or certified by Jefferson County Social Ser- vices Department or the State of Colorado, and supervised by Jefferson County Social Services Department, which provides shelter, caze and/or staff supervision. A res- idential group home for children shall main- tain aminimum Iot area of tifteen hundred 1785 § 26.30 _ WHEAT RIDGE CITY CODE (1500) square feet for each child residing at the home, shall be located no closer than two thousand (2,000) feet from another group home of any kind, and shall provide view-obscuring screening of any additional structure, such as a trash dumpster or play- ground equipment associated with the group home, which is inconsistent with the character of the surrounding neighborhood. In no instance shall more than one (1) such group home be permitted per each council district. In order to assess a proposed resi- dential group home facility, the following information shall be submitted by the ap- plicant and used by the planning commis- sionand city council in considering approval of a special use permit: (a) A site plan of the site indicating prop- erty boundazies and azea location and extent of all existing and proposed buildings; parking and circulation areas; landscaping and buffering, fences, walls, etc.; recreational facili- ties and open space; outdoor lighting facilities; trash receptacles; or any other physical features that might help identify the expected chazacter of the proposed facility. (b) A letterfrom the agency licensing the facility with the following information: 1. The fact that the agency has Ii- censed or is prepazing to license the facility. 2. Special needs of the residents, such as on-site schooling or training, and any facilities needed to meet such special needs. 3. The number of children for whom the license is being issued. 4. The approximate ages of the chil- dren. 5. The proposed procedures and methods to be used in operating the facility; i.e. permanent resi- dent staff, rotating staff, owner- occupied residence, etc. (c) Any special use permit granted pur- suant to this section shall be limited to its effectiveness to the applicant therefor, and shall provide, by its terms, for termination upon cessation of own- ership, management or use of said ap- plicant. The limitation specified in this subsection (P)(8)(c) is deemed necessary by the city council in order to maintain the maximum lawful authority aver the use and user approved by any such is- sued special use permit, and is deemed necessary to protect the integrity and chazacter of surroundingproperties and neighborhoods. In order to achieve that objective, the city council, prior to granting such special use permit, shall be required to determine that the gro- posed group home will not have an ad- verse effect on the residential character and quality of life in the particulaz neighborhoods of its location. The council may not deny a special use permit for a proposed residential group home solely on the basis of neighbor- hood opposition, where no valid and substantive evidence has been offered to show that the proposed residential group home would have such adverse effect. (d) The special use permit for any residen- tial group home shall be for a term of one (1) yeaz, and shall be automati- cally renewable by the director of the depaztment of community development upon receipt of any application for re- newal if, following review of the files of all city departments and those of the county department of social services, it is determined that no written verii"i- able complaints concerning the opera- tion of the group home during the term of the special use permit have been re- ceived. Ifany such complaint have been received, the application for renewal must be heazd by the city council under the same requirements as for a new special use permit. (Q) Home Occupation Regulations: (1) Class I home occupation. The use of a por- tion of a dwelling or accessory structure for Suop. No. 5 1786 ZONING AND DEVELOPMENT § 26-30 commercial or business activities custom- except by approved signs, of operating azily conducted in the home and which are a home occupation except for sales of incidental to the primary use as a home or plants and produce grown on the pre• residence; provided, however, that the fol- raises. lowing requirements aze met: (i) Pazking related to the home occupa- (a) Such use shall be conducted entirely tion shall be confined to the street within a dwelling or accessory strut- frontage of the lot in question, the ture except for sales of plants and pro- driveway and the garage/carport. In in• duce grown on the premises and car- stances where the home is used as an ried on only by the inhabitants living office for business conducted off• there, with the exception that should premises, such as by way of example, a the operator be substantially, physi- home improvement contractor, lawn calIy handicapped a nonresident may care service, etc., storage of materials, be employed to assist the operator in tools, equipment, trailers, trucks or his work to the extent he requires it to vans used in the business, except as make up far his physical handicap. specified below, shall not be permitted (b) Such use shall be cleazly incidental and upon the premises from which the home secondary to the use of the dwelling for occupation operates. In addition, dwelling purposes and shall not change parking of vehicles of employees who the chazacter thereof. work ofF of the premises shall not be (c) The total azea used for said purposes permitted upon the premises or upon shall not exceed twenty-five (25) per- streets adjacent to the premises. The cent of the grass floor azea of the user's home occupant may pazk no more than dwelling unit. two (2) automobiles and/or one (1) truck (d) No signage shall be allowed on the site or van used in the business upon the to identify home occupation. premises or within street frontage (e) No home occupation shall create nega- where allowed; provided, that any such five impacts for the residential neigh- truck or van does not exceed aone-ton borhood and it shall not change the res- chassis. It is preferred that all tools, idential chazacter thereof. equipment and materials be totally en- (f) The use shall not generate traffic, noise, closed within this vehicle or within en• vibration, glaze, fumes, odors or elec- closures attached to the vehicle. trical interference beyond what nor- (j) Home occupations shall be limited to molly occurs in any residential zone dis• the following business or commercial trict. activities (see section 26-5): (g) There shall be only incidental storage such as the making of Craft work 1 of stocks, supplies or products related , . jewelry or dolls, flower ar- pottery to the occupation conducted on the pre- mises.Merchandisestoredormerchan- , ranging, smithing and wood- dized on the premises, which is either worlung. for retail sales or for delivery of pre- 2. Garment work, such as tailoring, sold items, shaIl be limited to a max- dressmaking, millinery work, imum azea of one hundred (100) squaze ironing and garment repair. feet. 3. Office uses, such as office uses for (h) There shall be no exterior storage on door-to•door, home party and tele- the premises of materials, products or phone solicitation sales, invest- equipment used as part of the home ment counseling, typing, notary occupation, nor shall there be any vis- public, travel services, surveyors, ible evidence from any property line, physicians, dentists, lawyers, ac• Supp. No. 6 1787 § 26-30 Sapp. \'o. ~ WHEAT RIDGE CITY CODE countants, architects, engineers 12. Other similaz uses as approved by and other similar services. the zoning administrator or board 4. Repair services for electronics, of adjustment and when in con- small appliances, and mechanical formance with the standazds and devices, bicycles and upholster. requirements set forth herein. 5. Tutoring, music lessons, dance Ies- (k} In no event shall any of the home oc- sons, gymnastics lessons, swim les- cupations permitted be interpreted to sons and tennis lessons, allow any of the following business or 6. Artistic endeavors, such as art stu- commercial activities: dips, portrait studios, photography studios, writing and lithography. 1. Body or mechanical repair ormad- 7. Garage sales, not to exceed four l4) ification of motor vehicles ifor hire). three-day periods, which need not 2. Animal hospital, kennel or animal be consecutive, per calendar yeaz. grooming. 3. Residential health Gaze facility 8. Hair care services carried on by . 4- Taxidermy of large animals and only one (1) inhabitant of the Iazge fish and/or curing of hides dwelling. No other employee shall and skins. be permitted. 5. Parking of vehicles for a fee or any 9. Small day Gaze home. other thing considered of value. 10. Sales- directly related but merely ancillary to the primary home oc- (2) Cass II home occupation. The use of a por• cupation such as: tion of a dwelling or accessory structure for , commercial or business activities custom- a. Sale of hair care products by a arily conducted in the home and which are beautician or barber. incidental to the primary use as a home or b. Sale of accompaniment item=, residence; provided, however, that the fol- such as neckties, bows, ribbons lowing requirements are met: or belts for a tailor or dress- gat :~ Class II home occupation may be per- maker. mined only upon approval by special c. Sale of component parts or ac- _ use permit. cessories used in repair ser- lb) In addition to the inhabitants living vices for electronics, small ap- within a residential dwelling, one (1? pliances, bicycles, etc. or nvo l2) employees, cvho do not reside d. Supplies related to a class, upon the premises, may be employed course of instruction, or les- and work upon the premises if approval sons conducted on the siie. by special use permit. e. Sales of artistic or craft works (c) Such use shall be conducted entirely which were created on the site, within a dwelling or accessory struc- such as pottery, jewelry, dolls, tare except for sales of plants and pro• portraits, paintings, scalp- duce grown on the premises. tares, etc. (d) Such use shall be cleazly incidental and f. Sales of plants and produce secondan• to the use of the dwelling for grown on the premises. dwelling purposes and shall not change the chazacter thereof. 11. Deliver of pre-sold items which (e} The total area used far said purposes. were sold either over the tele- shall not exceed thirty-five 135) percent phone, by door-to-door solicitation of the gross floor area of the user's or at home parties, such as; beauty dwelling unit. products, kitchen waze, home prod- (n Such use shall only be allowed on ar- ucts, etc. terial streets and the following collector 1788 (g) (h) (i) G> (k) Supp. No. 5 ZONING AND DEVELOPMENT streets: West 38th Avenue east of Wadsworth; West 44th Avenue Hazlan to Youngfield; Harlan Street from West 38th Avenue to I.70. The only advertising signage permitted shall be one (1) nonilIuminated, nonre• flective, nonobstructive wall or arcade sign which does not exceed two (2) squaze feet in area. Signs will be ap- proved bythe zoning administrator and shall be permitted only after a sign permit has been obtained. No home occupation shall create nega• tive impacts for the residential neigh- borhoodand itshall not change the res- idential chazacter thereof. The use shall not generate traffic, noise, vibration, glare, fumes, odors or elec- trical interference beyond what nor• molly occurs in any residential zone dis• trict. There shall be only incidental storage of stocks, supplies or products related to the occupation conducted on the pre- mises. Merchandise stored or merchan• dised on the premises which is either for retail sales or for delivery of pre• sold items shall be Iimited to a mae- imum area of two hundred (200) square feet. There shall be no exterior storage on the premises of materials, products or equipment used as part of the home occupation, nor shall there by any vis• ible evidence from any property line, except by approved signs, of operating a home occupation except for sales of plants and produce grown on the pre• mises. Parking related to the home occupa- tion shall be confined to the street frontage of the lot in question, the driveway and the gazage/carport. All on-site parking azeas shall be designed so as to accommodate the needs of both the residential use and the business use, shall be paved, and shall provide for on-site turnaround so that vehicles do not back out into the street. In ad- dition to the standard residential ~ . ~, § 26.30 \ ~ - dwelling pazking requirement, two (2) on-site pazking spaces per nonresident employee shall be required. In in- stances where the home is used as an office for business conducted off• premises, such as, by way of example, a home improvement contractor, lawn care service, etc., storage of materials, tools, equipment, trailers, trucks or vans used in the business, except as specified below, shall not be permitted upon the premises from which the home occupation operates. In addition, parking of vehicles of employees who work off of the premises shall not be permitted upon the premises or upon streets adjacent to the premises. The home occupant may pazk no more than two (2) automobiles and/or one (1) truck or van used in the business upon the premises or within street frontage where allowed; provided, that any such truck or van does not exceed aone-ton chassis. It is preferred that all tools, equipment and materials be totally en- closedwithin this vehicle or within en• closures attached to the vehicles. (m) Home occupations shall be limited to the following business or commercial activities: 1. Craft work, such as the making of pottery, jewelry, or dolls, flower az• ranging, smithing and wood- working. 2. Garment work, such as tailoring, dressmaking, millinery work, ironing and garment repair. 3. Office uses, such as office uses for door-to-door, home party and tele- phone solicitation sales, invest- ment counseling, typing, notary public, travel services, surveyors, physicians, dentists, lawyers, ac- countants, architects, engineers and other similar services. 4. Repair services Far electronics, small appliances, and mechanical devices, bicycles and upholstery. 1789 26.30 WHEAT RIDGE CITY CODE 5. Tutoring, music lessons, dance les- sons, gymnastics lessons, swim les• sons and tennis lessons. 6. Artistic endeavors, such as art stu- dios, portrait studios, photography studios, writing and lithography. 7. Garage sales, not to exceed four (4) three-day periods, which need not be consecutive, per calendar year g, Bair care services carried on by no more than three (3) employees in- cluding inhabitants of the dwelling. 9. Small day care home. 10. Sales directly related but merely ancillary to the primary home oc- cupation, such as: a. Sale of hair care products by a beautician or barber. b. Sale of accompaniment items, such as neckties, bows, ribbons or belts for a tailor or dress- maker. c. Sale of component parts or ac- cessories used in repair ser- vices for electronics, small ap- pliances, bicycles, etc. d. Supplies related to a class, course of instruction or lessons conducted on the site. e. Sales of artistic or craft works which were created on the site, such as pottery, jewelry, dolls, portraits, paintings, sculp- tures, etc. f. Sales of plants and produce grown on the premises. 11. Delivery of pre-sold items which were sold either over the tele- phone, by door•to-door solicitation or at home parties, such as beauty products, kitchen waze, home prod- ucts, etc. 12. Other similar uses as approved by the zoning administrator or board of adjustment and when in con- formance with the standards and requirements set forth herein. (n) In no event shall any of the home oc- cupatiens permitted be interpreted to allow any of the following business or commercial activities: 1. Body or mechanical repair or mod- ification ofmotor vehicles (for hire). 2. Animal hospital, kennel or animal grooming. 3. Residential health care facility. 4. Taxidermy of large animals and lazge fish and/or curing of hides and skins. 5. Pazking of vehicles for a fee or any other thing considered of value. (o) The applicant shall be required to hold a neighborhood meeting to determine if the home occupation is an acceptable use in the neighborhood. (R) Trask Storage Area Screening: Trash storage for multiunit dwellings, institutional buildings, and all business and industrial buildings or uses shall be accommodated within the structure, or if located outside, shall be located or screened so as not to be visible from adjacent public streets or from adjacent low-density residential dwellings within one hundred (100) feet of the trash storage azea. If screened, such screening shall be by a decorative wall or fence not to exceed sie (6) feet in height, and shall be constructed such that the enclosure or screen wall or fence will be protected from damage by normal removal and replacement of the dumpster by a trash truck by incorporation of protective pipe bollazds and concrete curbs out- side and inside of the enclosure. One- and ttvo-Family dwellings and accessory uses, except for temporary construction purposes, shall not be permitted to maintain large trash dumpsters one (1) cubic yazd or lazger, as such dumpsters aze of a size and type normally associ- ated with commercial uses. In no instance shall trash enclosures be per- mitted to encroach into sight distance to encroach into sight distance triangles for driveways or street corners. Vo such enclosure shall displace required pazking spaces. This requirement shall apply to ail new devel- opment prior to a certificate of occupancy. In ad- Supp. No. 5 1790 ZONIIIG AND DEVELOPMENT dition, all such trash storage azeas in existence as of the date of adoption of this Ordinance shall come into conformance within one (I) year of the adoption hereof. For the purpose of enforcement, the land owner shall be held legally responsible for compliance with this law. (S) Exterior Lighting Standards: (1) Purpose. The purpose of this section is to regulate the spillover of light and glare from exterior lighting on operators of motor ve- hicles, pedestrians and land uses in the proximity of the light source. With respect to motor vehicles in particular, safety con- siderations form the basis of the regula- tions contained herein. In other cases, bath the nuisance and hazazd aspects of glare aze regulated. This section is not intended to apply to public street lighting. (2) Definitions: (a) Candlepower. The amount of light that will illuminate a surface one (1) foot distant from a light source to an inten- sity of one (1) footcandle. Maximum (peak) candlepower is the largest amount of candlepower emitted by any lamp, light source or luminaire. (b) Cutoff. The point at which all light rays emitted by a lamp, light source or lu- minaireare completely eliminated (cut- otll at a specific angle above the ground. (c) Cutoff arzgle. The angle formed by a line drawn from the direction of light rays at the Light source and a line per- pendiculaz to the ground from the light source above which no light is emitted. (d) Cutoff-type lumirzaire. A luminaire with elements such as shields, reflectors or refractor panels which direct and cut off the light at a cutoff angle ninety (90) degrees or less. \ • § 2fi•3D Supp. No. 5 1791 § 26-30 - - - - - WHEAT RIDGE CITY CODE _. lumituire . - - -, total cwaff ~ i \ ~~ i \ t ~aE ~ ~ . r ~ X $ :,nd~ePo~ ~~\ i Iuminaire ~I \ « \ I peak candlsPOwert \ l f \ 1 I \ / \ ~ \ ~ \ ~~_i~ ~ _~ Figure 26.30.1. 90 Degree Cutoff Luminaire Figure 26-30.3. Standard Luminaire luminave mal cumff ~-`~ ~~ ~~ we. (3) Standards: (a) Exterior lighting shall be allowed in ' accordance with the following table, based upon the land use classification and relative tc the class of adjacent land use and location of Luminaire. Figure 26-30.2. Luminaire With Less Than (<) 90 Degree Cutoff Ie) Footcandle. A unit of illumination pro- duced on a surface, all points of which are onetl) foot from a uniform point source of one (1) candle. (f) Glare. The brightness of a light source which normally causes eye discomfort. Ig) Luminaire. A complete lighting unit consisting of a light source and all nec- essary mechanical, electrical and dec- orative parts. (h) Maximum permitted illumination. The maximum illumination measured in footcandles at the property line at ground level in accordance with the standards of subsection (S)(3) below. (i) Standard-type Luminaire. A Luminaire with no cut-off or cut-off in excess of ninety (90) degrees. Supp. No. 5 1792 ZO,VING AND DEVELOPMENT EXTERIOR LIGHTING STPu~IDARD5 ~~ _\ ,~~ § 26-30 > . Illumination Land1Use Type o/' Permitted Class Luminair Maximum Height Luminaire e (lootcandlesj Permitted Setback2 I Standazd I 0.20' TO' 20 90 degree cutoff 0;30 IL Standazd 0:20: 1'5 T5 II 90' deglee I5 30 cutog' 0:50 IL 90: degree. 20 20 cutoff 0'.75 Il: 90 degree 25 20 cutoff' 1.00 II 90 degree 3D 30 cutoff' 1.50 II 90 degree 30 35 cutoff 0.50 II 90 degree 20 20 cutoff I.00 II 90 degree 25 25 cutoff 2.00 II 90 degree 3D ' 30 cutoff 3.00 III Standazd 0 30 40 40 . III 90 degree 20 40 cutoff 4.00 III 90 degree 50 00 cutofF 5.00 60 60 NOTES: _..._- (1) Class I: Residential uses. Class II: Agricultural, office, service, hospital, institutional, landscape nursery indoor or outdoor recreation and similar uses. , Class III: General commercial, industrial and similar uses. (2) Setback applies only to situations where adjacent property i measured From property line. s used or zoned as residential. Setback is (b) Exemption for specified outdoor recre- door recreational uses must meet ational uses: all other requirements of this sec- tion and of this Ordinance 1. Because of their unique require- . 2. The public outdoor recreational ments far nighttime visibility and uses specified above shall not ex- their limited hours of operation, teed a maximum permitted post public ball diamonds, playing fields height of eighty (80) feet and tennis courts are exempted from the exterior lighting stan- . 3. The public outdoor recreational dazds of this subsection. These out- uses specified above may exceed a Supp, No. 6 total cutoff angle of ninety (90) de- 1793 § 26-30 WFD;AT RIDGE CITY CODE grees;provided,thattheluminaire is shielded to prevent light and glare spillover to adjacent residen- tial property. The maximum per- mittedillumination at the residen- tial property line shall not exceed two (2) footcandIes. (4) Measurement (a) Metering Equipment: Lighting levels shall be measured in footcandles with a direct-reading, portable light metes. The meter shall have a color and cosine- corrected sensor with multiple scales and shall read within an accuracy of plus or minus five (5) percent. It shall have been tested, calibrated and certi- fied by anindependent commercial pho- tometric laboratory or the manufac- turer within one (1) year of the date of its installation. (b) Method of Measurement: The meter sensor shall be mounted not more than six (6) inches above ground level in a horizontal position. Readings shall be taken by qualified personnel only after the cell has been exposed long enough to provide a constant reading. Measure- ments shall be made after dark with the light sources in question on, then with the same sources off. The differ- encebetween the two (2) readings shall be compared to the maximum per- mitted illumination and property line at ground level. This procedure elimi- nates the effects of moonlight and other ambient light. (5) Exterior Zghting p1¢n. At the time any ex- teriorlighting is proposed to be installed or substantially modified, an exterior lighting plan shall be submitted to the zoning ad- ministrator in order to determine whether the requirements of this section have been met. (Ord. No. 1988.774, § 1, 9-26-88; Ord. No. 1989- 789, § § 1, 2, 4-24-89; Ord, No. 1989.818, § 1, 2-12-90; Ord. No. 1990.827, § 1, 49-90) Supp. No. 5 1794 X PUBLIC HEARINGS _ CITY ADM. MATTERS _ ELEC. OFFICIALS MATTERS _PROC./CEREMONIES _CITY ATTY. MATTERS _ ORDINANCES FOR 1ST READING BIDSlMOTIONS - _ LIQUOR HEARINGS `( ORDINANCES FOR 2ND READING _ INFORMATION ONLY _ PUBLIC COMMENT _ RESOLUTIONS -._ _- AGENDA ITEM TITLE: Council Bill No. 51 - An amendment to the Zoning Code, Sections 2630 and 2631 regarding "FENCES. WALLS & OBSTRUCTIONS TO VIEW'. SUMMARY/RECOMMENDATION: This is a proposed amendment to the Zoning Code which originally proposed allowing certain types of fences in front yards. Staff and Planning Commission recommend against the original Council Bill, but recommend approval of an alternate Council Bill. Council approved the attached "original" Council Bill No. 51 on first reading, October 18, 1996. Planning and Public Works Departments and the Planning Commission recommend the Staff alternative Council Bill No. 51. ATTACHMENTS: 1) 2) 3) RECOMMENDED MOTIONS: BUDGETED ITEM Yes No Fund _ Dept/Acct # Budgeted Amount ~_ Requested Expend.~_ Requires Transfer/ ^ Supp. Appropriation Yes No I move for approval of Council Bill No. 51 (Staff recommended) (Council originated). Y ~ q „~, ~,.;~u~~ f N9 4 a'~~/ TITLE: INTRODUCED BY COUNCILMEMBER Fields Council Bill No. 51 Ordinance No. 1057 _ Series of 1996 AN ORDINANCE AMENDING THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE ZONING CODE RELATING TO FENCES, WALLS AND OBSTRUCTIONS. TO VIEW. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIIIGE, COLORADO, THAT: Section 1. Wheat Ridge Code of Laws, Article I, Chapter 26. -- Zoning Code Section 26-30(I).Fences, Walls and Obstructions to View, is hereby amended as follows: (I) Fences. Wa 1 and Ob r~ ion o V' w: Divisional fences and divisional walls are permitted in any zone district with the issuance of a fence permit approved by the planning and development department in accordance with the following provisions: \q~~ (1) Permitted fence, etc., heights. GENERALLY, n~Fo ,,J' ~ divisional fence, wall or hedge above the height of If forty-eight (48) inches shall be permitted within a „~j+~ minimum required front yard, or above the height of six ~ (6) feet in instances not otherwise specified. _ Q DECORATIVE, OPEN-TYPE FENCES WHICH ARE AT LEAST EIGHTY ~~" (80) PERCENT OPEN, SUCH AS WROUGHT IRON FENCE, MAY BE vn) PERMITTED UP TO SI7C (6) FEET IN HEIGHT ABOVE THE ,~Ur7 ELEVATION OF THE STREET WITHIN MINIMUM FRONT YARDS. WOVEN WIRE AND CHAINLINIt FENCES ARE PROHIBITED ABOVE FORTY-EIGHT (48) INCHES IN FRONT YARDS. (2) Sight distance triangle requirement: (a) No divisional fence, wall, hedge or other obstruction to view in excess of .forty-two (42) inches high, except for permitted landscaping; signsj~er public utility poles shall be established or maintained on a corner lot within a triangular ~~~ ~/f area bounded by the lot li~n}e-- _and~a~ lin"e /J.V~G C/ ti y Ordinance No. 1Q 52. Series o£ 1996 Page 2- connecting points on each lot line either twenty-five (25) feet from the intersection of such lot lines for local AND PRIVATE streets or. fifty-five (55) feAt from the intersection of such lot lines for collector or arterial. streets. The same shall apply to the intersection of driveways and public streets, except that the sight distance triangle may be reduced to fifteen (15) feet. Street trees required by section 26-32 and signs allowed by Wheat Ridge Code of Laws, Article IV of this chapter, may be permitted within the regulated sight distance triangle; provided, that the area between ~_=- _x (36~ FORTY-TWO (42) - -: - inches and - ~ ~°~; EIGHTY-FOUR (84) inches high is maintained free and clear of obstruction; and further provided, that a sign pole does not exceed one (1) foot in diameter. One- and two-family dwellings shall be exempt from application of the fifteen-foot driveway sight distance triangle requirement, HOWEVER, PRIVATE DRIVES AND PRIVATE STREETS WHICH SERVE MORE THAN TWO DWELLINGS SHALL MEET THE LOCAL STREET REQUIREMENTS. (See Figure 26-31.1.) ~` .] L~- ~: ..f-.- h Z ... L L _ 1..~. -_ L L. ~ ~~7 L 11 F- ^i-~+ 1- 1 - ~ tiL. 7 (9} HEIGHT MEASUREMENT: (a) DIVISIONAL FENCES, WALLS, HEDGES, AND OTHER DIVISIONAL STRUCTURES WHICH ARE PARALLEL OR ARE ADJACENT TO PUBLIC STREETS SHALL BE MEASURED AS PROVIDED.-BY SECTION 26-31(C)(7) SIGHT DISTANCE .TRIANGLE REQUIREMENTS. ? ~ Ordinance No. ,1057 Page 3 Series of 1996 (b) ALL OTHER 'PROVISIONAL FENCES, WALLS, HEDGES, AND OTHER DIVISIONAL STRUCTURES OR OBSTRUCTIONS SHALL BE MEASURED FROM FINISH GRADE, FIVE (5) FEET INSIDE OF THE PROPERTY TO WHICH IT BELONGS. Section 2 v rab~i~ y 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. S ion 3 a y Clause The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public, and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Sup r G~~*, (`la„sa 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 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 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to this day of , 1996. - - - Ordinance No. 1057 __ __ , Series of 1996 SIGNED by the Mayor on this day of Page 4 1996. DAN WILDE, MAYOR Wanda Sang, City Clerk lst Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: APPROVED AS TO FORM BY CITY ATTORNEY GERALD E. DAHL, CITY ATTORNEY c:\wp60\ord\FENCES.ord 4 '4 INTRODUCED BY COUNCILMEMBER Council Bill No. _ Ordinance No. Series of 1996 TITLE: AN ORDINANCE AMENDING THE CODE OF LAWS, ZONING CODE RELATING TO FENCES, WALLS AND OBSTRUCTIONS TO VIEW, SECTION 26-30 (I) OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Wheat Ridge Code of Laws, Article I, Chapter 26. Zoning Code Section 26-30(I).Fences, Walls aiid Obstructions to View, subsections (1)'and (2) are hereby amended as follows: (I) Fences. Walls., and Obstructions to View• Fences aid divisional walls are permitted in any zone district with the issuance of a fence permit approved by the planning and development department in accordance with the following provisions: (1} Permitted fence, etc., heights. GENERALLY, n£Fo divisional wall or hedge above the height of ~ ~ ,,,M~Yd forty-eight (48) inches shall be permitted within a ~'_~ minimum required front yard, or above the height of six (6) feet in instances not otherwise specified. OPEN- TYPE FENCES WHICH ARE AT LEAST 80 PERCENT OPEN, SUCH AS WOVEN WIRE, CHAIN LINK OR WROUGHT IRON, MAY BE PERMITTED UP TO SIX (6) FEET IN HEIGHT WITHIN MINIMUM F$Q YARDS AND WITHIN REGULATED SIGHT DISTANCE TRIANGLES, ~ THE ZONING ADMINISTRATOR, PUBLIC WORRS DIRECTOR AND CHIEF OF POLICE ~~..,:~,: THE PROPOSED OPEN-TYPE FENCE WILL NOT t6MM1~ T~ SAFETY HAZARD. (2) Sight distance triangle requirement: (a) No fence, divisional wall, hedge or other obstruction to view in excess of for'---~-~~-'~T THIRTY-SIX (36) inches high, except for permitted landscaping, signs or public utility poles AND APPROVED OPEN-TYPE FENCES, shall be established or maintained on a corner lot within a triangular area bounded by the lot lines and a line connecting points on each lot line either twenty-five (25) feet from the intersection of such lot lines for local streets or fifty-five (55} feet from the intersection of such lot lines for collector or arterial streets. The same shall Ordinance No. Page .2 Series of 1996 apply to the intersection of driveways and public street, except that the sight distance triangle may be reduced to fifteen (15) feet. Street trees required by section 26-32 and signs allowed by Wheat Ridge Code of Laws, Article-IV of this chapter, may be permitted within the regulated sight distance triangle; provided, that the area between thirty-six (36) inches and ninety-six (96) inches high is maintained free and clear of obstruction; and further provided, that a sign pole does not exceed one (1) foot in diameter. ~nr ~,,: mow,,, ~_ r _, _~ie~ e€ the F:~~_ T~__~ a ~~~anee t~iang}e v {See Figure 26-31..1.) 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.. 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, 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 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 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. . •, T Ordinance No. Series of 1996 Page 3 READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to this day of 1996. 1996. SIGNED by the Mayor on this day of DAN WILDE, MAYOR Wanda Sang, City Clerk APPROVED AS+TO FORM BY CITY ATTORNEY 1st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: GERALD E. DAHL, CITY ATTORNEY c:\wp60\ord\opnfence.ord AGENDA ITEM RECAP AGENDA ITEM Meeting Date - - ~ - QUASI-SUDICIAL X _ - _ Yes No __PUBLIC HEARINGS CITX ADM. M.ZITTERS __ EyE C. OFFICIALS MATTERS _ PROC./CEREMONIES _ -CITY ATTY. MATTERS x ORDINANCES FOR 1ST READING _ SIDS/MOTIONS LIQUOR HEARINGS - ORDINANCES FOR 2ND READING -INFORMATION ONLY PUBLIC COMMENT RESOLUTIONS AGENDA ITEM TITLE: Council Bill No. an amendment to the Zoning Code, Sections 26-30 and 26-31 regarding "FENCES, WALLS & OBSTRUCTIONS TO VIEW". SUMMARY/RECOMMENDATION: This is a proposed amendment to the Zoning Code which originally proposed allowing certain types of fences in front yards. Staff and Planning Commission recommend against the original Council Bi11, but recommend approval of an alternate Council Bi11. ATTACHMENTS: 1) Staff reports & memos 2) Council originated C.B. 3) Staff recommended C.B. BUDGETED ITEM Yes No Fund Dept/Acct # Budgeted Amount $ Requested Expend.5 Requires Transfer/ Supp. Appropriation Yes No SUGGESTED MOTION: I move- that Council Bill (Staff-recommended) (Council originated) be app~o~red on first reading, ordered published, public hearing be set for Monday, November 25, 1996, at 7:00 p.m. in City Council Chambers, Municipal Bldg., and if approved on second reading take effect 15 days after final publication. MEMORANDUM wrEgr ~' ~ i of ;u I'^I To: City Council From: Glen Gidley, Director of Planning & Development co~~s~oo Re: Case No. ZOA-96-8/Amendments to the Zoning Ordinance Regarding "FENCES, WALLS & OBSTRUCTIONS TO VIEW" Date: October 15, 1996 City Council initiated an amendment to section 26-30(q of the Zoning Ordinance relating to Fences, Walls & Obstructions to View, with a prime objective of allowing open-type fences up to six feet in height within front yards, including within sight distance triangles. Public Works Director, Bob Goebel, has responded to this proposal per the attached May t memo. He is seriously concerned that such open-type fences, over 42 inches in height, especially if located within sight distance triangles, will pose a public safety hazard, possibly creating a liability upon the City should someone be injured. Mr. Goebel has recommended that fences and other obstructions to view within the sight distance triangle, not be allowed over 36 inches in height. Beyond the issue of safety within sight distance triangles, is the question of basic community standards and aesthetic considerations. If adopted as written, property owners may erect six-foot-tall, chain link fences in front yards; not just at businesses, but also for residences. Is this an acceptable standard for your community? This proposed amendment was considered by the Planning Commission at a public hearing held on September 5, 1996. The Planning Commission recommended that the issue of fences, etc., be broken into three parts as follows: Issue A (Sight Trianele):. Fences, walls, hedges, etc. should not exceed 36 inches in height. Issue B (Front Yards): Retain the 48 inch height limit in front yards, except sight triangles should be reduced to 36 inches. Issue C (Grade Determination): This relates to the issue of placing fences on top of berms or retaining walls. Planning Commission recommended a specific provision be incorporated that height be measured from "natural grade". STAFF RECOMMENDATIONS: 1. Staff recommends that new and replacement fences, etc. within sight triangles be limited to 36 inches. 2. Staff recommends that fences in front yards be limited to 48 inches. If there are unique and unusual circumstances, or particular hardships, a variance to allow a higher fence is always an option. Memo to City Council Page 2 October 15, 1996 3. Relating to fence, etc. height measurement, staff recommends rather than use of "natural grade", because this is difficult to determine in many cases, that "finish grade" be used. This then relates to the term "grade" as used and defined in the Building Code, where "grade" is measured at five feet from a structure. Staff has prepared an alternate Council Bill that incorporates these recommendations, in addition to the original Council Bill which was referred to the Planning Commission by City Council. GEGsIw attachments b:\gg101596.mem {STAFF RECOMMENDED) INTRODUCED BY COUNCILMEMBER Council Bill No. Ordinance No. _ Series of 1996 TITLE: AN ORDINANCE AMENDING THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, COLORADO, ZONING CODE RELATING TO FENCES, WALLS AND OBSTRUCTIONS TO VIEW. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Wheat Ridge Code of Laws, Article I, Chapter 26. Zoning Code Section 26-30(I).Fences, Walls and Obstructions to View, hereby is amended as follows: (I) Fences Walls and Obstructions to View: Divisional fences and divisional-walls are permitted in any zone district with the issuance of a fence permit approved by the planning and development department in accordance with the following provisions: (1) Permitted fence, etc., heights. GENERALLY, n£Fo divisional fence, wall or hedge above the height of forty-eight (48) inches shall be permitted within a minimum required front yard, or above the height of six (6) feet in instances not otherwise specified. (2) Sight distance triangle requirement: (a) No divisional fence, wall, hedge or other obstruction to view in excess of thirty-six (36) inches high, except for permitted landscaping, signs or public utility poles shall be established or maintained on a corner lot within a triangular area bounded by the lot lines and a line connecting points on each lot line either twenty-five (25) feet from the intersection of such lot lines for local AND PRIVATE streets or fifty-five (55) feet from the intersection of such lot lines for collector or arterial streets. The same shall apply to the intersection of driveways and public streets, except that the sight distance triangle may be reduced to fifteen (15) feet. Street trees required by section 26-32 and signs allowed by Wheat Ridge Code of Laws, Article IV of this chapter, may be permitted withirovided, that regulated sight distance triangle; p the area between thirty-six (36) inches and Ordinance No. Page 2 Series of 1996 •~-•-ct'r c `~-s"~6-i- EIGHTY-FOUR (84) inches high is maintained free and clear of obstruction; and further provided, that a sign pole does not exceed one (1) foot in diameter. One- and two-family dwellings shall be exempt from application of the fifteen-foot driveway sight distance triangle requirement, HOWEVER, PRIVATE DRIVES AND PRIVATE STREETS WHICH SERVE MORE THAN TWO DWELLINGS SHALL MEET THE LOCAL STREET REQUIREMENTS. (See Figure 26-31.1.) ~~; -.~._~;~,a~i,~~ea€~wnfer€nities YFit~~-€r~ .~ raFri i i r a v, a - ~ i`iFk}p3~9}zrtat}e~9, eee eEe~- 034 ~-6--~ (9) HEIGHT MEASUREMENT: (A) DIVISIONAL FENCES, WALLS, HEDGES AND OTHER DIVISIONAL STRUCTURES WHICH PARALLEL OR ARE ADJACENT TO PUBLIC STREETS SHALL BE MEASURED AS PROVIDED BY SECTION 26-31(C)(7) SIGHT DISTANCE TRIANGLE REQUIREMENTS. (B) ALL OTHER DIVISIONAL FENCES, WALLS, HEDGES AND OTHER DIVISIONAL STRUCTURES OR OBSTRUCTIONS SHALL BE MEASURED FROM FINISH GRADE, FIVE (5) FEET INSIDE OF THE PROPERTY TO WHICH IT BELONGS. Section 2. Wheat Ridge Code of Laws, Article II, Chapter 26. Zoning code, Section 26-31 Off-Street. Parking Requirements, subsection (c)(7) is hereby amended as follows: (7) Sight distance triangle requirements. For all uses other than PRIVATE DRIVES WHICH SERVE NO MORE THAN TWO (2) DWELLINGS, no obstructions to view between THIRTY-SIX (36) f;,r`•~-~•~T inches and eighty-four (84) inches in vertical height, including but _ not limited to, fences and walls, hedges or other landscaping, berms, signs or other structures, or parked vehicles, shall be permitted within triangular areas measured fifteen (15) feet into the property from the right-of-way line and fifteen (15) feet either side of the curb cut or driveway. For all uses, on corner lots, no obstruction to view betvreen thirty-six (36) inches and Ordinance No. _ Page 3 Series of 1996 eighty-four (84) inches as described above shall be permitted within the triangle measured from the point of intersection of the lot lines abutting the streets a distance o£ twenty-five (25) feet on local streets and fifty-five (55) on collector and arterial streets. The thirty-six for ~;;~ inch to eighty-four (84) inch vertical distance for driveways shall be measured .from the center of the driveway or curb cut at the right-of-way line, and for street corners from top of curb, or if no curb exists, from edge of pavement. The following drawing illustrates the minimum unobstructed sight triangles. Section 3, 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. Section 4. Safety Clause The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public, and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 5 Suoersessicn 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 o£-the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 6. This ordinance shall take effect days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of 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_00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to this day of 1996. - ' Ordinance No. Series of 1996 SIGNED by the Mayor on this day of Page 4 1996. . DAN WILDE, MAYOR Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD E. DAHL, CITY-ATTORNEY 1st Publication: 2nd Publication: Wheat Ridge Transcript Effective-Date: c:\wp60\ord\obstview.ord (COUNCIL ORIGINATED) INTRODUCED BY COUNCILMEMBER Council Bi11 No. Ordinance No. Series of 1996 TITLE: AN ORDINANCE AMENDING THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE ZONING CODE RELATING TO FENCES, WALLS AND OBSTRUCTIONS TO VIEW. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. _Wheat Ridge Code of Laws, Article I, Chapter 26. Zoning Code Section 26-30(I).Fences, Walls and Obstructions to View, is hereby amended as follows: (I) Fences, Walls, and Obstructions to View: Divisional fences and divisional walls are permitted in any zone district with the issuance of a fence permit approved by the planning and development department in accordance with the following provisions: (1) Permitted fence, etc., heights. GENERALLY, nNo divisional fence, wall or hedge above the height of forty-eight (48) inches shall be permitted within a minimum required front yard, or above the height of six (6) feet in instances not otherwise specified. OPEN- TYPE FENCES WHICH ARE AT LEAST EIGHTY (80) PERCENT OPEN SUCH AS A WOVEN WIRE, CHAIN LINK OR WROUGHT IRON FENCE, - MAY BE PERMITTED UP TO SIX (6) FEET IN HEIGHT ABOVE THE ELEVATION OF THE STREET WITHIN MINIMUM FRONT YARDS. (2) Sight distance triangle requirement: (a) No divisional fence, wall, hedge or other obstruction_to view in excess of forty-two (42) inches high, except for permitted landscaping, signs or public utility poles AND APPROVED OPEN- TYPE FENCES IN EXCESS OF FORTY-TWO (42) INCHES, shall be established or maintained on a corner lot within a triangular area bounded by the lot lines and a line connecting points on each lot line either twenty-five (25) feet from the intersection of such lot lines for local AND PRIVATE streets or fifty-five (55) feet. from-the intersection of such lot lines for. collector or arterial streets. The same shall_apply to the intersection of driveways and public streets, except that the sight distance triangle may be reduced to fifteen (15.) feet. Street trees required by section 26-32 and signs allowed by Wheat Ridge Code of Laws, Article IV of Ordinance No. _ _ Page 2 Series of 1996 this chapter, may be permitted within the regulated sight distance triangle;-..provided, that the area between ~t}~rt~si~-{-3-6~ FORTY-TWO (42) inches and :_, ctY• n~~~ EIGHTY-FOUR (84) inches high is maintained free and clear of obstruction; and further provided, that a sign pole-does not exceed one (1) foot in diameter. One- and two-family dwellings shall be exempt from application of the fifteen-foot driveway sight distance triangle requirement, HOWEVER, PRIVATE DRIVES AND PRIVATE STREETS WHICH SERVE MORE TF.AN TWO DWELLINGS SHALL MEET THE LOCAL STREET REQUIREMENTS. (See Figure 26-31.1.) f b~ r _., v - ~=~--a~na~eAe €arm¢ t' e e t~Fi~~-~~ - Y F7i ._~ .. - ' ---' ""g"'~--~-RPrze"'m~~}g s'`tzatie~s see s-e~se z 6-r {9) HEIGHT MEASUREMENT: EXCEPT AS PROVIDED BY SECTION 26-31{C)(7) SIGHT DISTANCE TRIANGLE REQUIREMENTS, THE HEIGHT OF FENCES, WALLS, HEDGES AND OTHER DIVISIONAL STRUCTURES OR OBSTRUCTIONS SHALL BE MEASURED FROM FINISH GRADE, FIVE (5) FEET INSIDE OF THE PROPERTY TO WHICH IT BELONGS. 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 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 Ordinance No. Series of 1996 Page 3 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 S. This ordinance shall take effect days of-ter 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 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to this day of , 1996.- - - _. . SIGNED by the Mayor on this day of 1996. DAN WILDE, MAYOR -- Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD E. DAHL, CITY ATTORNEY 1st P-ublication: 2nd Publication: Wheat Ridge Transcript Effective Date: c:\wp60\ord\FENCES.ord-- -- - MEMORANDUM Approved - - - - - Date - - TO: Mayor City Council Bob Middaugh, City Administrator FROM: Bob Goebel, Director of Public Works ~~ SIIBJECT: Proposed ordinance allowing high fences at sight triangles. DATE: May 1, 1996 I am extremely concerned about the proposed change to fence height requirements within sight triangles at intersections. Although open design fences do not obstruct vision when viewed from the front, they become a solid view obstruction when viewed from an angle. This angle varies according to the width and density of the fence. material. Winter conditions also tend to clog these openings with snow thereby compounding the problem. The attached photograph illustrate the problems. I strongly suggest that we go the other direction which is to lower the allowed height of any new fence within the sight triangle to 36 inches. Several cases .exist where a new fence was constructed to the 42 inch height requirement and it was found that drivers could still not see._ This_42 inch height was established many years ago when the driver's eye was higher because vehicles were larger and taller... New vehicles are both smaller and lower in profile not only lowering the driver's eye, but also decreasing the frontal area and profile of a vehicle which the driver is trying to locate to determine a safe manuever. I have attached a drawing to help illustrate this problem and how it magnifies itself with diatance. It would be virtually impossible to make such a change retroactive to existing conditions. However I feel very strongly that all future fence, wall, landscape, etc. construdtion should be restricted to the 36 inch height. Many other jurisdictions have gone to this requirement. -The City of Lakewood, for example, has an even greater restriction to 24 inches (see attached). As the City Engineer for this City, I cannot support any changes to our ordinances that will increase the danger to the travelling public. I_strongly recommend that the present ordinance be revised to require new construction within sight triangles to be restricted to 36 inches above the height of the curb or pavement. F ~~ 3y . i~ r' '_, ".f: e ~ ^W L :~ .~ < ~=> ~~. -> a ~ ~ ~ ~ ~ ~ - Z ~ Q ~ ~': ~ ~ ~ S ~ ~N: r- z ~ ~ _i ~~ ~ -~ w~ c~°; o~ ~ ~ ~ ~- ~ 3 b .~ _~ Z N }„ ~, - ~, -' `~' a - N ~ ~ ~ 1e = i ~ Q '~ ' ~ ~ c~ ~ °- ~ -~_t-~ ~ ~~~_ -~ ~ ~ ~` Z ~~ >~ - ~ ~ o~~u z~ ~~~ i N ~ ~ L ~ ~ ~ ~ ~ ' ~~ -,~ c s ,:: ,~ b s v~ Table 15: Factors for the Effect of Grade on Acceleration Lane Lengths on State Highways Design or Posted 3-4.9e 3-4.9e 5-7e 5-7e Speed {mph) Upgrade Downgrade Upgrade Downgrade 25-45 1.3D 0.70 1.50 0.60 50 1.40 0.65 1.80 0.55 55 1.50 0.65 2.00 0.55 60 1.50 0.60 2.30 0.55 6.8.2 For Right Turns to Accesses on City Streets On City arterial and collector streets, the design o£ accel- eration/deceleration lanes for right turns will meet the requirements of section 6.8.1 and the State Highway Access Code, section 4.8, provided sufficient right-of-way is avail- able. If off-site right-of-way is insufficient to construct speed change lanes to these standard, the developer will be responsible for the cost of obtaining the necessary right- of-way. If necessary, the City will use power of condemna- tion to obtain such right-of-way at the developer's cost. Where driveways have to be located in close proximity to one another in order to provide access to adjacent properties, the City will permit speed change lanes to be combined if the minimum design standards in section 6.8.1, and the State Access Code, section 4, cannot be achieved. 6.8.3 For Left Turns to Accesses on Citv Streets _ .. For left turn movements, speed Chang=_ -lanes on City streets must be designed according to the standards contained in sections 6.6 and 6.7 of this ordinance. 6.9 Sight Distance Hefore any access is approved, the City will ensure that vehicl=_s can enter or exit from the proposed access with minimum hazard and dis- ruption of traffic. 6.9.1 At Public Street Intersections: As illustrated in Figure 15 in Appendix 11.7, at any inter- section of two public streets, a 55 ft. sight distance tri- angle must provide for an unobstructed view across the tri- angle formed by joining points measured 55 ft. distant along the property line from the intersection of the two streets. Within the area of the triangle, there must be no sight obscuring or partly obscuring wall, fence, sign, foliage, or perming nigner than 24 inches above the curb grade or in the case of trees, foliage lower than 8 ft. Vertical measurement must be made from the flowlines of the two streets forming the triangle, or if no gutter exists, from the edge of the nearest traveled way. Objects that may be located in the C -39- triangular area- are items such as hydrants, utility poles, utility junction boxes, and traffic control devices. These must be located to minimize visual obstruction. For rounded oroperty corners, the triangular area must be between the oroperty lines extended and a diagonal line join- ing the points on the oroperty lines, » ft. from the point of their intersection. The above also applies to intersections of public streets and railroad right-of-way at railroad crossings not controlled by gates or flashing lights. In addition to the above, at any int=_rsection of two public streets, an unobstruct=_d view as defined above must be pro- vided across the area formed by the flowline or edge of pave- ment on one street and the flowline oc edge of pavement of the intersecting street and lines (labeled d` or d" in Figure No. 15 in Appendi:c 11.7), connecting them at 10 ft. from their point of intersection. This area will be used to /~ ensure that drivers of vehicles e:tiling from the stopped approach have available the minimum sight distance provided in section 6.9.3 of this ordinance. 6.9.2 At Private Accesses to Public Streets At any intersection of a private proeerty or parking struc- ture access and a public street, it is recommended that an unobstructed view as defined ir. 6.4.1, across the triangle formed by joining points measur?d 55 `,. along both the oro- perty line on the public street and .vale access edge line from the point of intersection o[ the street and access be provided. Foc rounded oroperty corn?rs, the triangular area must be between the property line and access edge line e:c- _ tended and a diagonal line joining the points on the property and private access edge lines, 55 ft. from the point of their intersection. In addition to the above, at any intersection of a private property access and a public street, an unobstructed view, as defined in 6.9.1, must be provided across the area formed by the flowline or edge of pavement on the public street and the private access drive edge line, and lines (labeled d` and d~ in Figure 15 in Appendix 11.7), connecting them at 10 ft. from their point of intersection. This area will be used to ensure that drivers of vehicles exciting from the stopped approach of an access have available t'n? minimum sight dis- tance provided in section 6.9.3 of this ordinance. _ These sight distance criteria do not apply to single family backout drives where sight distance wili be provided based on location of the driver's eye when conune;icing the backout maneuver. -+0- SIGHT ss• ~II 10' - -- ~ SS' SX3tiT ~ ' TR[ANdI.E SIGHT LINE `~? ~a 0 ~ ~ o ~ ~ FOR SIGHT DISTANCE LENG~t Tl SEE SECTION 6.9.3 --MINOR ROAD CITY OF LAKEW000, COLORADO { DEPARTMENT OF PUBLIC WORKS FIC3URE SIGHT DISTANCE 15 207-209 7994 UNIFORM BUILDING CODE All materials shall bear identification showing the fire perforntancz rating thereof Such identifi- cations shall be issued by an approved agency having a service for inspection of materials at [he factory. FLAMbIABLE LIQUID. Sez the Fire Codz. FLOOR AREA is the aria included within the surrounding exterior walls of a building or por- tionthereof, exclusive of vent shafts and courts. Thz floor area of a building, or portion thereof. not provided with surrounding exterior walls;hal! bz the usable area under the horizontal projec[ion of the roof or floor above. F~[ is Factory Mutual Engineering and Research, 1 ! j !Boston-Providence Turnpi ke, Norwood, Massachusetts 02062. FOAM PLASTIC INSULATION is a plastic which is intentionally e.epanded by [he use of a foaming agent to produce areduced-density plastic containing voids consis[ing of hollow spheres or interconnected cells distributed throughout the plastic for thermal insulating or acoustical pur- poses and which has a dznsi[y less than 20 pounds per cubic foot (320 kg/m-t). FOOTING is that ponion of the foundation of a structure which spreads and [ransmi[s loads di- rectly to the soil or the piles. FRONT OF LOT is the Eton[ boundary lint of a lot bordering on the street and, in the case of a comer lot, may bz zithar frontage. ~ SECTION 208 - G GARAGE is a building or portion [hereof in which a motor vehicle containing flammable or combustible liquids or gas in its tank is stored re air d w' _u `~ , p e or kept. GARAGE, PRIV,ITF:, is a building or a ponion of a building, not more than l (93 m=) in area 000 s in which fe l . - . yuarz on et y tnotpr vehicles used by the tenants of the building or buildings on the premises are stored or kept. (See Section 305.) GARAGE, PUBLIC, is any garage other than a private garage. ~~GRADE(AdjacentG roundElevati0n)isthelowestpointofdevationufthelinishedsurfaceof the ground, paving or sidewalk within the area ltet ~~[~ wezn the building ;md the property line or, when the propetty fine is more than j feet (1 j24 mm) from the building betwee j feet (Ij2 1 h ~ { , n t - e building and a Line mm) from the building. GRADE (Lumber) is the classification of lumber in regard to strength and utility. GU:IRDRAILisasystemofb il .'t. ~ '~ ~..' u dingcomponzntslocatedneartheopensidesofelevatedwalk- ing surfaces for the purpuse of minimizing the possibility of an accidental fall from the walking surface to the lower lerzl. ` t~. ~~ _ •' ~~ GUEST is any person hiring or occupying a room Cor living or sleeping ur p poses GUEST ROOM is any room or rooms used or intended to bz used by a guest for sleeping pur- poses. Every 100 square feet (9.3 m') of superficial fioor i area be a guest room. n a domtitory shall be considered ro SECTION 209 - H HABITABLE SPACE (ROOitiI) is space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet companmen[s, closets, halls, storage or utility space, and similar areas, are not considered habitable space. ~. HANDLING is the deliberate transpott of materials by any means to a point of storage or use. HANDRAIL is a railing provided for grasping with the hand for support. See also Section 205, definition of "guardrail." 7-76 ~. CITY OF WHEAT RIDGE, INTRODUCED BY COUNCIL MEMBER Council Bill No. _ Ordinance No. COLORADO Series of 19 TITLE: AN ORDINANCE AMENDING SECTION 26-30(H)(2) OF THE CODE OF LAWS, CONCERNING PERMITTED FENCES WITHIN SIGHT DISTANCE TRIANGLES WHEREAS, - - :- -and WHEREAS, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: Section 1. Section 26-30(k3~(2} of Wheat Ridge Code of Laws is ~/ amended-by-the addition of a new subparagraph (.H~(2)(c), to read: +~"Q GAd~~~ (c) Notwithstandin the re sub ara ra h g quire ents of g p (a) of this subsection (~ (2), a ~~~~ ~ nce located within a sight distance triangle Lq may Pv^^^a_ ~~r_~.@ '~-',- inches ~u,,.~t if,,,,~71G. the fence is constructed on an open design, ~ ,QogD.„~,,,,, such as wrought iron or chain link, and if, in Ulm a-~A-,~ the opinion of the chief building inspector, public works director or chief of police, the fence will not constitute a health or safety hazard. Section 2_ ,Safety Clause. The City Council hereby finds, determines; and declares that this Ordinance is promulgated under the- general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained.. Section 3. Severability. If any clause, sentence, paragraph, or part of this Ordinance or Application thereof to any person or circumstances shall for any reason be judged by a court of competent jurisdiction invalid, such judgment shall not affect, GED\53027\151865.1 ~... impair or invalidate the- remainder of this Ordinance or its _- application to other persons or circumstances. Section 4. Effective Date. This Or_dina_nce shall take effect fifteen days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote. of to on this-- day of 19 , ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Rearing and consideration on final passage set for 19 at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to _, this day of ,, 19 --- - SIGNED by the Mayor on_this day of 19_ ATTEST: DAN WILDE, MAYOR WANDA SANG, CITY CLERK APPROVED AS TO FORM BY CITY ATTORNEY GERALD E. DAHL, CITY ATTORNEY 1st Publication: ___ __- 2nd Publication:. Wheat Ridge Sentinel Effective Date: GED\53027\151865.1 -2- ~,~_ GORSUCH KIR GIS L.L.C. ATTORNEYS AT LAW SUITE II00 14OS SEVENTEENTH STREET DENVER, COLORADO SO2O2 April 29, 1996 Bob Goebel and Glen Gidley City of Wheat Ridge 7500 West-29th Avenue Wheat Ridge, Colorado Re: Dear Bob and Glen: TELEPHONE (3D3)299-8900 Fax (303)298-0215 GERALD E. DAHL DIRECT DIAL: 303-299-8930 80215 MAILING ADDRESS P.O. Box 17(80 DENVER, COLORADO $O2I7-DISO 04-30-96P12~50 RCV Enclosed is my first draft of an ordinance permitting fences in excess of 42 .inches, if constructed on an open design, as requested by Gouncilmember Fields. As I understand it, Council did adopt a consensus directing such an ordinance to be prepared. I would-be delighted to receive any comments from you prior to sub- mitting-this draft to the Council for its consideration_ GED:ilh Enclosure Sincere( , . '(l~ ~erald E- Dahl ~, /~~ GED\53027\152292-1 .5 ~E r f 1 ~ ~~ RAT .,~ OR1(~INA~.- C~RAOE MEgSV~~.ln~NT `- F~,N CE ~~~~ ~~ft~N7 --~ ' oR ~ ~ ~I i ~! ~?AI1.1 I 1-bl(~1-l So~-~a a2 O~E~ \ ©~ ....~•~ ~ o~.s~ i ~~ p~~ t ~ f /, ~' ~ / /. f ,~ _. .._.. _ ~~ SoL1h ~~~~ o fz I ~P~ C~RAPoSFD) Ot< uZ 5©~I© 02 ~ ~~ OPF-a C~lzo~sen) OK STR~~T fi2OIJ7 N fi ~ . ~ ~. ~~~~ S r~DP.. ~ _~ ~ ~ Stb~ 5'7R~~T