HomeMy WebLinkAboutZOA-93-1NOTICE'OF PUBLIC HEARING
Notice is hereby given that a Public Hearing is to be held before
the City of Wheat Ridge Planning Commission on March 18, 1993 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:
Case No. WV-93-2: An_application by the City of Wheat Ridge
for approval of a right-of-way vacation-for, an unused portion
of Union Street as it abuts property located at 3365, 3375,
3385 and 3395 Union Street and 12025 West 34th Place and
approximately 11910 West 35th Avenue. Said property is
legally described as follows:
The west ten (10) feet of Union Street director abutting the
following legally described lots and tract:
Lots 51, 52, 53 and 54 and Tract A. Applewood Village
Subdivision - Second Filing; and Lots 27 and 28, Block 4,
Applewood Village Subdivision, County of Jefferson, State of
Colorado.
2. Case No ZOA-93-1: A proposal to amend the Wheat Ridge Code
of Laws, Section 26-5, Definitions, Sight Distance Triangle,
Section 26-30(2)(2) Sight Distance Triangle Requirement, Section
26-31(C)(7) Sight Distance Triangle Requirements and Section 26-
32(C(3), Landscape Area Requirements. All of the Code sections
cited above relate to the height restrictions within fight
distance triangles.
S ra Wiggins, etary
ATT-EST:
Wanda Sang, City Clerk
To be Published: March 2, 1993
Wheat Ridge Sentinel
<pc>pnwv932/zoa931
M E M O R A N D U M
TO: --Planning Commission
FROM: Greg Moberg, Planne~
RE: Case No. ZOA-93-1 Proposed Amendment to the Wheat Ridge
Code of Laws, Section 26-5, Definitions, Sight Distance
Triangle, Section 26-30(I)(2) Sight Distance Triangle
Requirement, Section 26-31(C)(7) Sight Distance Triangle
Requirements and Section 26-32(C)(3), Landscape Area
Requirements.
DATE: March 11, 1993
The attached Council Bill is a-proposal to amend Wheat Ridge Code
of -Laws, Section 26-5, Definitions, Sight Distance Triangle,
Section 26-30(2)(2) Sight Distance Triangle Requirement; Section_
26-31~C)(9) Sight Distance Triangle Requirements and Section 26-
32(C)(3), Landscape Area Requirements. This proposal has been
initiated by staff due to conflicts between stated heights
allowed within sight distance triangles. With the exception of
Section 26-5, Definitions, all the above-stated sections
reference both the forty-two (42) inch and thirty-six (36) inch
height limitations. The Forty-two (42) inch restriction is used
in reference to the height limitation within a sight distance
triangle. Whereas the thirty-six (36) inch reference is used to
allow signs and street trees that are free of obstruction between
the heights of thirty-six (36) inches and ninety-six (96) inches.
In addition, staff would also propose that the exemption for one-
and two-family dwellings be removed from Section 26-6, Sight
Distance Triangle and Section 26-30(I)(2).
Hence, we have proposed to replace forty-two (42) inches with
thirty-six (36) inches and remove the one- and two-family
dwelling exemption. Additionally, the area to remain free of
obstruction has been increased from eighty-four (84) inches to
ninety-six ( 96 ) inches to alleviate any conflict. t`~l-e p„A, ~~~~ ,2Q~v„y„
SUGGESTED MOTION:-
2 move that Case No. ZOA-93-1 be accepted as submitted and
forwarded to City Council .with a recommendation for Approval.
GDM:slw
attachment
INTRODUCED BY COUNCILMEMBER
Council Bill No.
Ordinance No. _
Series of 1993
TITLE: AN ORDINANCE AMENDING THE CODES OF THE CODE OF LAWS OF
THE CITY OF WHEAT RIDGE RELATING TO ALLOWED HEIGHTS OF
FENCES, DIVISIONAL WALLS, HEDGES OR OTHER OBSTRUCTIONS TO
VIEW WITHIN SIGHT DISTANCE TRIANGLES.
BE IT ORDAINED BY THE CITY COUNCI_L_ OF THE CITY OF WHEAT
RIDGE, COLORADO, AS FOLLOWS:
Section 1. Wheat Ridge Code of Laws, Chapter 26. .Section 26-5,
Definitions, Sight Distance Triangle, and is hereby amended as
follows:
Sight distance triangle. -The corner area within a corner lot
that is adjacent to both right-of-way frontages, or the area
where a driveway intersects a street, where it is required that
obstruction to view ~-be minimized. i~
hedge or other obstruction to view in excess of
thirty-six (36) inches high, except for permitted 1 scaping,
signs, or public utility poles shall be estabi' d or maintained
on a corner lot within a triangular area ded by the lot lines
and a line connecting points on each line either twenty-five
(25) feet from the intersection such lot lines for-local
streets; or fifty-five (55 et from the intersection of such
lot lines for collect r arterial streets. The same shall
apply to the ante ction of driveways and public street, except
that the si istance triangle may be reduced to fifteen (15)
feet.
( See Figure 26-31.1. ) t ~.. ~p,~,b,,,, Ile -30(~~ (,t) a~
~---..`_
Section 2... Wheat Ridge Code of Laws, Chapter 26. Section 26-
n put/j( 31(C)(7) Sight Distance Triangle Requirements is hereby amended
il~~ as follows:
(7) Sight distance triangle requirements. For all uses eLTlCt
no obstructions to view
t__~__ ~--_ ~ "
between _ __ _1 _.._ , _.. , thirty-six ( 36 ) inches and e-
=_- `°"; ninety-six (96) 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 thc: curb
cut or driveway. For all uses, on corner-lots, no
obstruction to view between thirty-six (36) inches and
L. Y t ..., / ° A
=_~___s ____ ,., _, ninety-six (96) 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 of twenty-five (25) feet on
~.
Ordinance No.
Series of 1993.
Page 2
local streets and fifty-five (55) on collector and arterial
streets. The °-~-tw:T~=2; thirty-six (36) inch to ey-
ninety-six (96) 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. Wheat Ridge Code of Laws, Chapter 26. Section 26-
tanrc m,-+~---~~ Re uirement is hereby amended as
32 (C) (3 ) 6.s,gL-at. ~ljs ~ 4 _
follows: ~-Clc~-r~21,e1~-'` QjLI.A-
(3) On corner lots, within the regulated sight distance
triangle, the growth of any plantings or the erection of any
r--~-- '---- ~ 1-01 thirty-six
landscape structure or berm over may--TWO-c=~~
(36) inches above the level of the roadway or street ® y
regulated by section 26-30(i) of this Zoning Ordinance.
follows: ~ ~_ __~y ~~~,~,~r
(2) Sight distance triangle requiF rement: -
(a) No fence, divisional wall, hedge or other obstruction
to view in excess of ~-~~wo (=2; 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 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 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. """" ''`
.'
~- ~ • -+-- +--- '- ( See Figure 26-
31.1.)
Section 4. -Whea•^ Ridge Code of .Laws, Chapter 26. Section 26-7$~~~ ~
30 (I) (2 ) ,-^~ °•~ = is hereby amended as p~a.~nv~~-~''°
Section 5. Severability. If any clause, sentence, paragraph, or
part of this Zoning Code or the appl.ioation 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.
r `..
Ordinance No. Page 3
Series of 1993
Section 6. 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 7. Supersession Clause. If any prdvidion, 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 8. 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 ,_1993, 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 1993., at 7:30 o'clock p.m., in
the Council Chambers, 7500 West 29th Avenue, Wheat Ridge;
Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second-and final reading
by a vote of to ,_this day of _ ,
1993.
SIGNED by the Mayor on this day of 1993.
RAY J. WINGED, MAYOR
Wanda Sang, City Clerk
APPROVED AS TO FORM BY CITY ATTORNEY
JOHN HAYES, CITY ATTORNEY
1st Publication:
2nd Publication:
Wheat Ridge Sentinel
Effective Date:
<pc>ordsitedis
2-19
202.6 Grade Line at Structures
In setting a grade line at grade separation structures, care should
be taken to provide the proper vertical clearance as discussed under
210.7.
Where sag vertical curves are required under structures, the low
point of vertical curve should be kept, if possible, a sufficient
distance away in order that drainage structures clear the footings of
the cross structure.
202.7 Coordination with Horizontal Alignment
When designing a profile grade line, proper consideration should be
given to the alignment. Where grade line and horizontal alignment
will permit, it is desirable to superimpose vertical curves on hori-
zontal curves. This reduces the number of sight distance restric-
tions on the pro3ect and makes changes in the profile less apparent,
particularly in rolling country. Care should be taken, however, not
to introduce a sharp horizontal curve near a pronounced summit or
grade sag. This is particularly hazardous at night. For further
comment on horizontal and vertical coordination, see 201.11.
Zn cases where curves sharper than 7• are located on steep grades, it
is considered good design to flatten the grade slightly throughout
the length of the curve.
SIGHT DISTANCE - 203
203.1 General
A critical element in assuring safe and efficient operation of a
vehicle on a highway is the ability to see ahead. Sight distance of
sufficient length must be provided to allow drivers to avoid striking
unexpected objects on the traveled way. Certain two-lane highways
should also provide sufficient sight distance to allow drivers to
occupy the opposing lane without hazard."
Sight distance falls into three distance categories:
1. Stopping (Applicable on all highways.)
2. Passing (Applicable only on two-lane highways.)
3. Decision (Applicable at complex locations.)
t[inimum sight distances for all three categories ace developed in "A
Policy on Geometric Design of Highways and Streets"1. Distances
developed are for a below-average operator oc vehicle driving on wet
pavement. These distances should be sufficient to allow most
vehicles traveling at oc near the design speed adequate sight
distance to stop before reaching a stationary ob3ect in their path.
(.
2-20
203.2 Stopping Sight Distance
Stopping sight distance is the sum of two distances: the distance a
vehicle tcavel.s from the instant the driver sights an ob3ect
necessitating a stop to the instant the brakes are applied, and the
distance required to stop the vehicle from the instant brake
application begins. These are referred to as brake reaction distance
and braking distance, respectively. Stopping sight distance is
measured from the driver's eyes, which are assumed to be 3.5 feet
above the pavement, to an ob3ect 6 inches high on the road. Table
203.?.A shows minimum and desirable stopping sight distances for
various design speeds.
The stopping distances on upgrades are shorter; those on downgrades
are longer. The extent of grade corrections is indicated in Table
203.2B. Design speed is used in calculating downgrade corrections,
average running speed is used in calculating upgrade corrections.
The downgrade corrections should be added to the "desirable" values
in Table 203.2A to obtain stopping distances on downgrades, and the
upgrade corrections should be subtracted from the "minimum" values in
Table 203.2A to obtain stopping distances on upgrades.
I
Stopping sight distances on grades may also be determined directly by
calculating braking distance and brake reaction distance, and adding
these values together, as described on pages 136 Through 143 of "A
Policy on Geometric Design of Highways and Streets'. l
On nearly all roads and streets the grade is traversed by traffic in
both directions, but the sight distance at any point on the highway
generally is different in each direction, particularly on straight
roads in rolling terrain. As a general rule, the sight distance
available on downgrades is larger than on upgrades, more or less
automatically providing the necessary corrections for grade.
Exceptions are one-way roads oc streets, as on divided highways with
independent design profiles for the two roadways, for which the
separate grade corrections are in order.
i
z-21
TABLB 203.2A
Stopping Sight Distance Standards _
Assumed Average Stopping Sight Distance
Design Speed Running Speed xinimum* Desirable**
(mph) (mph) (ft) (f t)
20 20 125 izs
25 24 150 150
30 28 200 200
35 32 225 250
40 36 275 325
45 40 325 400
50 44 400 475
SS 48 450 550
60 52 525 650
65 55 550 725
70 58 625 850
* Calculated from assumed average running speed.
** Calculated from design speed.
TASLH 2O3.2B
Hffect of Grade on Stopping Sight Distance (Wet Conditions)
Increase for Downgrades Decrease For Upgrades
Correction in Assumed Correction in
Stopping Average Stopping
Design Distance (ft.)* Running Distance (ft.)**
eed
Speed ~
(moh) 39L 6X 97G (mph) 3i 6i 9'x
30 10 20 30 28 - 10 20
40 20 40 70 36 10 20 30
50 ~30 70 - 44 20 30 --
60 50 110 -- 52 30 50 --
65 60 130 -- 55 30 60 --
70 70 160 -- 58 40 70 --
* Add to "desirable" values in Table 203.2A
** Subtract fcom "minimum" values in Table 203.2A
2_22
Where an abject off the pavuardt rail,wicut nsloperlort naturalsgrowth
a bridge pier, building, g
restricts sight distance, the minimum radius of curvature is
determined by the stopping sight distance. When there is no
obstruction within the right of way, the right of way line shall be
considered as an obstruction.
Sto in si ht distance on horizontal curves may be obtained with the
aid of Figure 203-2. It is assumed that the driver's eyes are 3.5
feet above the center of the inside lane (inside with respect to the
curve) and the object is 6 inches high. The line of sight is assumed
to intercept the obstruction at the midpoint of the sight line and
2.0 feet above the center of the inside lane. The clear distance (M)
is measured from the center of the roadway to the obstruction.
When the design speed and clear distance are known, this figure also
gives the minimum radius which satisfies these conditions.
sto in si ht distance on vertical curves may be determined xith the
aid of Figure 203-2A.
203.3 Passing Sight Distance
Passing sight distance for use in design should be determined on the
basis of the length needed to safely complete normai passing
maneuvers. Sight distance is determined for a single vehicle passing
a single vehicle. The sight distance available for passing at any
feet above the pavement s ancsee tthelitop of env object 4 25e feetehigh
on the road. Table 203.3 presents minimum passing sight distances
for various design speeds. Reference may also be made to Figure
203-3 for passing sight distance on vertical curves.
TABLE 203.3
Minimum Passin Sight Distance for Design
of Two-Lane Hixhways
Design speed Minimum Passing Sight Distance
(mPh) (f t)
20 800
25 950
30 1100
35 1300
40 1500
45 1650
50 1800
55 1950
60 2100
65 2300
70 2500
C
The passing sight distance for upgrades should be greater than
minimum. Bo values are established.
2-Y3
FIGURE Z03-3
IS
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10
8
7
6
5
2
PASSING SIGHT DISTANCE ON
CREST VERTICAL CURVES
Height at Eye 3.5 Feel Abore Povement
Helght of Object •4.25.Fee1 Above Povemenl
S
3 -
IS
1
la n .._ - 1
O 5
LENGTH OF VERTICAL CURVE-STATIONS
For minimum vs. design speed
see table 203.3.
._ ,~ ~n 23~
2-24
FIGURE 203-2
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HEIGHT of EYE 3.5 FT.
HEIGHT of OBJECT 6 INCHES
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LENGTH OF VERTICAL CURVE - STATIONS
* STOPPING SIGHT DISTANCES ARE MINIMUM VALUES
FOR DESIGN SPEEDS SHOWN. SEE TABLE 203.2A
FOR DESIRABLE VALUES.
WHEN S>L
S= 6~ + 50L
WHEN S<L
S=364.6 ~
L = Curve length - stations
A = Algebraic grade difference - 7.
S = Sight distance - ft.
V = Design speed - M.P.H. for "S"
18 19 20
FIGURE 203-2A
STOPPING SIGHT DISTANCE '~`
ON CREST VERTICAL CURVES
z-26 ~
203.4 Decision Sight Distance
Stopping sight distance may not be adequate when drivers are required
to make complex or instantaneous decisions, when information is
difficult to perceive, or when unexpected or unusual maneuvers are
required. In these instances, stopping sight distances may not
provide sufficient visibility distances for drivers to corroborate
advance warnings and to perform the necessary maneuvers. Decision
sight distance provides the greater length that drivers need.
Decision sight distance is the distance required for a driver to
detect an unexpected or otherwise difficult-to-perceive information
source or hazard in a roadway environment that may be visually
cluttered, recognize the hazard or its threat potential, select an
appropriate speed and path, and initiate and complete the required
safety maneuver safely and efficiently.
Drivers need decision sight distances whenever there is a likelihood
fur error in either information reception, decision-making, or
control actions. The following are examples of critical locations
where these kinds of errors are likely to occur, and where it is
desirable to provide decision sight distance: interchanges and
intersections; locations where unusual oc unexpected maneuvers are
required; changes in cross section such as toll plazas and lane
drops; and areas of concentrated demand where there is apt to be
"visuai noise" whenever sources of information compete, as those from
roadway elements, traffic, traffic control devices, and advertising
signs. Table 203.4 provides values to be used by designers for
appropriate sight distances at cciticai locations and serve as
criteria in evaluating the suitability of the sight lengths at these
locations.
TABLE 203.4
Decision Sight Distance
Design Speed
(mph)
Decision Sight Distance
lSinimum Desirable
(ft) (f t)
30 450 625
40 600 825
50 750 1025
60 1000 1275
70 1100 1450
2-27
203.5 Sight Distance through Underpasses
if economically feasible, passing sight distance should be maintained
as the highway passes under a structure. On occasion, topographic
conditions may result in a pronounced sag curve and the underside of
the structure may limit the sight distance. Such conditions may best
be checked graphically on the profile using the vertical clear dimen-
sion of the structure, the height of the eye as 8 feet and the height
of object as 1.5 feet. Minimum stopping sight distance must be
maintained.
SUPERBLRVATION - 204
206.1 General
One of the most important factors to consider in highway safety is
the centrifugal force generated when a vehicle traverses a curve.
Centrifugal force increases as the velocity of the vehicle and/or the
degree of curvature increases.
in order to overcame the affects of centrifugal force, curves must be
superelevated, it is impossible to balance centrifugal force by
superelevation alone, because for any given curve radius a certain
superelevation rate is exactly correct for only one driving speed.
At all other speeds there will be a side thrust either outward or
inward, relative to the curve center, which must be offset by side
friction.
Planning Commission Minutes Page 4
March 18, 1993
Commissioner CERVENY moved that Case No. WV-93-2, an application
by the City of Wheat Ridge for approval of a right-of-way
vacation for an unused portion of Union Street as it abuts
property located at 3365, 3375, 3385 and 3395 Union Street and
12025 West 34th Place and approximately 11940 West 35th Avenue,
be forwarded to City Council with a recommendation for Approval
for the following reasons:
1. The property is within the City of Wheat Ridge and all
notification and posting requirements have been met,
therefore there is jurisdiction to hear this case; and
2. Union Street has 60 feet of right-of-way, which is ten feet
in excess of the local street standard; and
3. Staff recommends approval.
With the following conditions:
1. The vacated right-of-way vest with the adjacent property
owners to the west; and
2. A utility easement be reserved over the ten feet of right-of-
way being vacated.
Commissioner RASPLICKA seconded the motion. Motion carried 6-1,
with Commissioner QUALTERI voting no.
C. Case No. ZOA-93-1: A proposal to amend the Wheat Ridge
Code of Laws, Section 26-5,, Definitions, Sight Distance
Triangle, Section 26-30(2)(2) Sight Distance Triangle
Requirement, Section 26-31(C)(7) Sight Distance Triangle
Requirements and Section 26-30(C)(3), Landscape Area
Requirements. All of the Code sections cited above
relate to the height restrictions within sight distance
triangles.
Mr. Gidley passed to Commissioners copies of a revised draft
ordinance he had prepared and proceeded to present the case. He
noted that regulations regarding sight distance triangles occur
in four separate areas of the Zoning Ordinance. The areas are:
in the definitions section; in the landscaping section; in the
section relating to fencing and walls and, in the sign code.
This case was initiated due to a case that was heard by Board of
Adjustment recently. Mr. Gidley explained that the property
owner had constructed a fence that exceeded the height limitation
of the sight distance triangle. The property owner sought a
variance and through the process, Staff discovered
inconsistencies in the different sections of the Zoning Ordinance
dealing with sight distance triangle. With this amendment, Staff
hopes to consolidate the information in one location which would
provide consistency and reduce confusion. He explained his draft
ordinance. Mr. Gidley stated that the recommendation to change
Planning Commission Minutes
March 18, 1993
Page 5
from 42 inch limit to 36 inches was made by the Director of
Public Works. Discussion was heard regarding a possible conflict
with the Model Traffic Code.
Commissioner RASPLICKA asked about the recent change to-.the
Recreational Vehicle parking standards.
Mr. Gidley explained that in that case, the six-foot requirement
would be outside the sight distance triangle.
Discussion was heard regarding several nonconforming situations
within the City. Mr. Gidley stated that in .Section 26-30(I),
provisions for nonconformities within a required sight distance
triangle allows a three-year amortization for legal nonconforming
landscape materials and a £ive-year amortization for hard
structures such as fences, walls or signs.
Commissioner QUALTERI questioned what the ramifications might be
for enforcing amortization.
Mr. Gidley stated that the City would be within its rights, so
long as a reasonable use is maintained on the land. Discussion
followed.
Commissioner JOHNSON asked how the amortization regulations would
be enforced.
Mr. Gidley stated the regulations would normally be enforced on a
complaint basis. However, if a dangerous situation is observed,
then individuals will be contacted.
Commissioner CERVENY asked what would be the review board-.
Mr. Gidley answered the Board of Adjustment.
Commissioner JOHNSON moved that Mr. Gidley's revised draft
relating to Case No. ZOA-93-1 presented to Planning Commission
this evening, be forwarded to City Council with a recommendation
for Approval. Commissioner CERVENY seconded the motion.
Commissioner CERVENY inquired about the need for inserting a
safety provision. Discussion followed.
At this time (8:32 p.m.), Commissioner ECKHARDT joined the
meeting.
Motion carried 7-0 on the original motion, with Commissioner
ECKHARDT abstaining.
Mr. Gidley informed Commission that he planned to inform Council
of the concerns voiced here tonight regarding possible conflicts
with the Model Traffic Code.
PUBLIC HEARING SPEAKERS' LIST
CASE N0: ~nA-9~-i DATE: March 18. 1993
REQUEST: A proposal to amend the Wheat Ridge Code o£ Laws, Section
26-5, Definitions, Sight Distance Triangle, Section 26-30(I)(2)
Sight Distance Triangle Requirement, Section 26-31(C)(7)
Sight Distance Triangle Requirements and Section 26-30(C)(3),
Landscape Area Requirements. All of the ; position On Request;
Code sections cited above relate to the ~ (please Check)
height restrictions within sight dis- ; IN FAVOR ; OPPOSED ;
Lance triang es. ;
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CERTIFICATION OF RESOLUTION
CITY OF WHEAT RIDGE PLANNING COMMISSION
CASE NO: ZOA-93-1 LOCATION: City-wide
APPLICANT(S) NAME: City of Wheat Ridge
REQUEST: Case No. ZOA-93-1: A proposal to amend the Wheat Ridge
Code of Laws, Section 26-5, Definitions, Sight Distance
Triangle, Section 26-30(I)(2) Sight Distance Triangle
Requirement, Section 26-31(C)(7) Sight Distance Triangle
Requirements and Section 26-30(C)(3), Landscape Area
Requirements. All of the Code sections cited above
relate to the height restrictions within sight distance
triangles.
WHEREAS, the City of Wheat Ridge Planning Division has submitted a ,
list of factors to be considered. with the above request, and said list
of factors is attached hereto and incorporated herein by reference,
and made a part hereof;-and
WHEREAS, there was testimony received at a public hearing heard 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 JOHNSON, seconded by
Commissioner CERVENY that the revised draft amendment to the Zoning
Code (Case No. ZOA-93-1) relating to sight distance triangle
regulations, be forwarded to City Council with a recommendation for
Approval.
VOTE: YES: Owens, Qualteri, Rasplicka, Cerveny, Langdon,
Crumpton and Johnson
NO: None
I, Sandra Wiggins, Secretary to the City of Wheat Ridge Planning
Commission, do hereby and herewith certify that the foregoing
Resolution was duly adopted by a 7-0 vote o£ the .members present at
their regular meeting held in the Council Chambers of the Municipal
Building, Wheat Ridge, Colorado, on the 18th day of March, 1993.
~jiC Gebrgd Langdon, Chairperson Sandra Wiggins,- :.etary
WHEAT RIDGE PLANNING COMMISSION WHEAT RIDGE PLAN G COMMISSION__
<pc>resozoa931
M E M O RAN D U M
TO: ~, pob Middaugh, City Administrator
FROM: ~ Glen Gidley, Director of.Planning & Development
RE: Proposed Council Bill Amending Various Sections of the
Zoning Ordinance Relating to SIGHT DISTANCE TRIANGLES - Case
No. ZOA-93-1
DATE: March 30, 1993
The attached Council Bill is a proposal to amend Wheat Ridge Code of
Laws, Section 26-5, Definitions, Sight Distance Triangle, Section 26-
30(2)(2) Sight Distance Triangle_Requirement, Section 26-31(C)(7)
Sight Distance Triangle Requirements and Section 26-32(C)(3),
Landscape Area Requirements. This proposal has been initiated by
staff-due to conflicts between stated heights allowed within sight
distance triangles. With the exception of Section 26-5, Definitions,
all the above-stated sections reference both the forty-two (42) inch
and thirty-six (36) inch height limitations. The forty-two (42) inch
restriction is used in reference to the height limitation within a
sight distance triangle. Whereas the thirty-six (36) inch reference
is used .to_allow-signs and street trees that are free of obstruction
between the heights of thirty-six (36) inches and ninety-six (96)
inches. In addition, staff would also propose that the exemption for
one- and two-family dwellings be removed from Section 26-6, Sight
Distance Triangle and Section 26-30(I)(2).
Hence,. we have proposed-to replace forty-two (42) inches with thirty-
six (36) inches and remove the one- and two-family dwelling exemption.
Additionally, the area to remain free of obstruction has been
increased from eighty-four (84) inches to ninety-six (96) inches to
alleviate.. any conflict.- And finally, we are suggesting the
elimination of specific standards in the Definitions (Section 26-5)
and Parking (Section 26-31) with reference to Section 26-30 (I)(2)
Fences, Walls and Obstructions to View so that the standards are
stated only once, hence less chance for conflicting language.
Planning Commission held a public hearing on this proposal March 18,
1993 and recommended APPROVAL. .(See attached minutes and resolution).
During the Planning Commission hearing, questions arose regarding
possible conflict with the Model Traffic Code. After reviewing Sec.
11-1(b) of the Model Traffic Code (copy attached), we find no
conflicts as the MTC restricts. parking within 30 feet of a stop_sign,
which takes vehicles outside: of a 25 foot sight triangle.. On-street
parking is not allowed on arterial and collector streets, therefore it
does not-apply on the 55 foot leg of such sight triangles.
I would suggest that this Council Bill be placed upon the April 12
Council agenda for first reading with second reading and public
hearing recommended for May 10,.1993.
GEG:slw
attachment
INTRODUCED BY COUNCILMEMBER /.7QOLL~F~11M
Council Bill No. ~_ _ _
Ordinance No.
Series of 1993
TITLE: AN ORDINANCE AMENDING THE CODES OF THE CODE OF LAWS OF
THE CITY OF WHEAT RIDGE RELATING TO ALLOWED HEIGHTS OF
FENCES, DIVISIONAL WALLS, HEDGES OR OTHER OBSTRUCTIONS.-TO
VIEW WITHIN SIGHT DISTANCE TRIANGLES.
BE IT ORDAINED-BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO, AS FOLLOWS:
Section 1. Wheat Ridge Code of Laws, Chapter 26. Section 26-5,
Definitions, Sight Distance Triangle, and is hereby amended as
follows:
Sight distance triangle. The corner area within a corner lot
that is adjacent to both right-of-way frontages, or the area
where a driveway intersects a street, where it is required that __
obstruction to view ~ be minimized. - """"'"'"""'
• ~_ 1..
. L . g--~x~36~ }rxe~xes tx#gh~~ceP ~ r
s}gns, __,.. _~,. a
_s ,. - -
~_ ..
/ -
stree-~s, r-..~ r~ L
iet '~
~~ (See Figure 26-31.1_. and Sec. 26-30(1)(2))
Section 2. Wheat_ Ridge Code of Laws, Chapter 26. Section 26 Off-
Street Parking 31(C)(7) Sight Distance Triangle Requirements is
hereby amended as follows:-
(7) Sight distance triangle requirements. For all uses a#-h~r
- -~ ~---- s.,-;~--- a••-"--3, no obstructions to view
shall be permitted within sight distance triangles as
regulated by Sec. 26-30 (I) (2 ) ~`- - r--~" '~':'~'` ~~ ` '"`'' ~'-'T
s
-'--" `-- : ~~-~ _., 1L. _
strnetures, ~~3ee d vehieles
-a
ee PFH; i" ~9t3~ zxv-oQ~J'~i`accxcxx co v ~` 1' s "~ /
encsa3
_^
Ordinance No.
Series of 1993
Page 2
Section 3. Wheat Ridge Code of Laws, Chapter 26. Section 26-
32(C)(3) Landscape Area Requirement is hereby amended as follows:
(3) On corner lots, within the regulated sight distance
triangle, the growth of any plantings or the erection of any
landscape structure or berm over thirty-six
(36) inches above the level of the roadway or street as
regulated by section 26-30(I) of this Zoning Ordinance.
Section 4. Wheat Ridge Code of Laws, Chapter 26. Section 26-
30(1)(2), Sight Distance Triangle Requirements is hereby amended
as follows.:
(2) Sight distance triangle requirement:
(a) No fence, divisional 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 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 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 o£ 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. °- "' ''"
-~:
r rr ~
~--+-~ a:-~- ors - --- --~ (See Figure 26-
~1.1. )
Section 5. 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.
r
•• Ordinance No_ Page 3
Series of 1993
Section 6. 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 Z._ 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 _fl. This ordinance shall take effect days after
final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote o£ _
to on this day of 1993, 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 ,=1993, at 7:30 o'clock p.m., in
the Council Chambers, 7500 West 29th Avenue, Wheat Ridge,
Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading
by a vote of to - this day of_ ~,
1993.
SIGNED by the Mayor on this
day of
1993.
RAY J. WINGER, MAYOR
Wanda Sang, City Clerk
APPROVED AS TO FORM BY CITY ATTORNEY
lst Publication:
2nd Publication:
Wheat Ridge Sentinel
Effective Date:
JOHN HAYES, CITY ATTORNEY
<pc>ordsitedis
M E M O RAND U M
TO: Bob Middaugh, City Administrator
FROM: Glen Gidley, Director of Planning & Development
RE:. Council Bill No. 12/Sight Distance Triangles
DATE: June 23, 1993
The attached revised Council Bill No. 12 incorporates specific
provisions that address the intent of Council- regarding hazardous
nonconforming obstructions to view within regulated sight
triangles.
Section 4. of the Council Bill has been revised by the addition
of a new subsection (b) that provides a process to evaluate, and
if necessary, eliminate hazardous nonconforming sight
obstructions. The existing subsection (b) has been eliminated
since there would be a conflict with the standard provisions of
Section 26-7 regarding nonconforming situations throughout the
zoning ordinance. The result will be that nonconforming
obstructions to view will be regulated like all other zoning
noncon£ormities pursuant to Section 26-7. In order to insure
that landscaping is treated similarly to fences and other
structures, we have defined "landscaping" as a "structure" for
the purpose of enforcement.
For reference, I have attached a copy of Section 26-7.
GEG:slw
attachment
INTRODUCED BY COUNCILMEMBER
Council Bill No.
Ordinance No.
Series of 1993
TITLE: AN ORDINANCE AMENDING THE-CODE OF LAWS OF THE CITY OF
WHEAT RIDGE RELATING TO ALLOWED HEIGHTS OF FENCES,
DIVISIONAL WALLS, HEDGES OR OTHER OBSTRUCTIONS TO VIEW
WITHIN SIGHT DISTANCE TRIANGLES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO, AS FOLLOWS:
Section 1. Wheat Ridge Code of Laws, Chapter 26. Section 26-5,
Definitions, Sight Distance Triangle, and is hereby amended as
follows:
Sight distance triangle. The corner area within a corner lot
that is adjacent to both right-of-way frontages, or the area
where a driveway intersects a street, where it is required that
a. __, _:.... . _...~ ~
obstruction to view bl' be minimized. t
\ _ ...LJ t_ ,_...,.~~
streets, „~
-- - _ ...L
L • ..r a... Y r __
y 3
~~ (See Figure 26-31.1. and Sec. 26-30(I)(2))
SeSe t~ Wheat Ridge Code of Laws, Chapter 26. Section 26 Off-
Street Parking 31(C)(7) Sight Distance Triangle Requirements is
hereby amended as follows:
(7) Sight distance triangle requirements. For all uses ethe-r
=~-1~-~-----=~~- _ no obstructions to view
shall be permitted within sight distance triangles as
regulated by Sec. 26-30(2)(2) `""- ~ \~~
a.a .... ...~-...., -_ c.-___- -
@c~FYei ~0~$
__ ____ _ aaa.a.r.. .,~ ... ~.. \ ______
Ordinance No.
Series of 1993
Page 2
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Section 3. Wheat Ridge Code of Laws, Chapter 26. Section 26-
32(C)(3) Landscape Area Requirement is hereby amended as follows:
(3) On corner lots, within the regulated sight distance
triangle, the growth of any plantings or the erection of any
landscape structure or berm over thirty-six
(36) inches above the level of the roadway or street as
regulated by section 26-30(I) of this Zoning Ordinance.
Section 4. Wheat Ridge Code of Laws, Chapter 26. Section 26-
30(1)(2), Sight Distance Triangle Requirements is hereby amended
as follows:
(2) Sight distance triangle requirement:
(a) No fence, divisional wall, hedge or other obstruction
r_...a-.. i__.. i w~ ~
o view in excess of ____s _.._ ,_-, 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 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 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.
31.1.
(See Figure 26-
PuBW~ 41~A~Z4/iAS.
(~) Upon complaint by any citizen or public official that a
G regulated sight triangle poses a public hazard by the
existence of any legal nonconforming obstruction, an
enforcement officer shall investigate and, after
conferring with appropriate City departments, make a
Ordinance No. Page 3
Series of 1993
determination as to whether such situation is a public
nuisance. If the enforcement officer determines that a
public nuisance exists, a notice to abate such nuisance
shall be issued to the land owner.
..-- -- - -
v - o t~yL6~-This action may be taken
even though such legal nonconforming obstruction may be
subject to a five-year amortization as provided for
under Section 26-7(C). The owner or complainant has the
right to appeal such determination to the Board of
Adjustment, for a final determination as to whether a
public nuisance by way of public hazard exists. Such
appeal must be requested in writing, within fourteen
(14) days of the enforcement officer's determination or
notice to abate has been issued. The Board of
Adjustment shall hold a public hearing following
procedures set forth for "Interpretations" as provided
under Section 26-6(D). Abatement of any such determined
nuisances shall be in accordance with provisions set
forth in Wheat Ridge Code of Laws Section 15-Article I.
- r v
Section 5 Severab~ii~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.
Section_Fi f t Cl e 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 _. Suoersession 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
u.~luJ - -- -- - - - - °---
7 FfT'I 2~1~1 l
Ordinance No.
Series of 1993
Page 4
are in existence as of the date of adoption of this Ordinance,
the provisions, requirements and standards herein shall supersede
and prevail.
Section 8 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 1993, 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 1993, at 7:30 o'clock p.m., in
the Council Chambers, 7500 West 29th Avenue, Wheat Ridge,
Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading
by a vote of to this day of ,
1993.
SIGNED by the Mayor on this day of
Wanda Sang, City Clerk
1st Publication:
2nd Publication:
Wheat Ridge Sentinel
Effective Date:
1993._
RAY J. WINGER, MAYOR
APPROVED AS TO FORM BY CITY ATTORNEY
KATHRYN $CHROEDER, CITY ATTORNEY
<pc>ordsitedis
~LCN TLC
A G E N D A
CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 W. 29th Ave., Municipal Bldg.
June 28, 1993
7:30 p.m.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS
APPROVAL OF MINUTES of June 14, 1993•
PROCLAMATIONS AND CEREMONIES
Swearing in of Bill Rutherford as Civil Service Commissioner for
District i.
Presentation of Plaque to William Shanley
CITIZENS' RIGHTS TO SPEAK
1. Citizens who wish, may speak on any matter not on the Agenda
for a maximum of 3 minutes and sign the PUBLIC COMMENT
ROSTER.
2. Citizens who wish to speak on Agenda items, please sign the
GENERAL AGENDA or appropriate PUBLIC HEARING ROSTER before the
item is called to be heard.
LOCAL LIQUOR LICENSING AUTHORITY MATTERS
Item 1. Application from Hotel Payroll Services, Inc., dba "Tabor Lake
Inn", 12100 W. 44th Avenue, Wheat Ridge, CO., for a new Hotel &
Restaurant Liquor License with extended hours.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 2. Council Bill 12 - An_Ordinanee amending the Code of Laws of the
City of Wheat Ridge relating to allowed heights of fences,
divisional walls, hedges or other obstructions to view within
sight distance triangles.
Item 3. Council-Bill 15 - An Ordinance amending the Code of Laws of the
City of Wheat Ridge, Colorado, adopting certain sections of the
Uniform Election Code, including those sections concerning
Municipal Elections conducted as part of a coordinated
election.
CITY COUNCIL AGENDA: June 28, 1993- Page -2-
ORDINANCES ON FIRST. READING
Item ~. Council Bi11 16 - An_Ordinance amending the Code of-Laws of the
City of Wheat Ridge regarding feeding of wildlife.
Item 5. Council Bill 17 - An Ordinance providing for the issuance by
the City of Wheat Ridge, Colorado (The "City") of its Sales. Tax
Revenue Refunding Bonds, Series 1993, dated August 1, 1993, in
the principal amount of $3,230,000, for the purposes of --
providing funding for refunding the-Series 1988 Sales Tax
Revenue Bonds dated July 1, 1988; prescribing the form of bond;
providing other details and covenants concerning the bonds and
the City's Sales Tax; and ratifying all actions heretofore
taken in connection therewith.
DECISIONS RESOLUTIONS, AND MOTIONS
Item 6. Greenbelt Study.
Item 7. Certificate. of Recognition for 1992 Audit.
Item 8. Purchase of chairs for community center.
Item 9. Study Session meeting with the Planning Commission.
Item 10. Councilmember District iV vacancy.
• CITY ADMINISTRATOR'S MATTERS
Update on CAP schedule.
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
ADJOURNMENT
;4GENDA ITEM..
JUN 28 1993
CITY OF WHEAT RIDGE
MEMORANDUM
T0: Mayor. and City Council
FROM: Robert C. Middaugh, City Administrator
SUBJ: CONTINUATION OF SECOND READING OF SIGHT TRIANGLE
ORDINANCE AND AMENDED LANGUAGE REGARDING NON-CONFORMING
USES
DATE: -June 22, 1993
Attached please find a memorandum from the Director of Planning
and Development and a suggested amendment to an ordinance under
consideration by the members of the City Council regarding sight
triangles. At the last City Council meeting, an ordinance which
regulated the height of objects within the sight triangle was
continued by the members of the City Council until such time as
additional language could be developed to deal with non-
conformities.
In the attached language, the members of Council will notice that
the staff has attempted to develop language which fairly deals
with non-conformities which might be created by virtue of the
Council's adoption of the sight triangle ordinance. The attached
provisions will deal only with objects in the sight triangle
which are made illegal by virtue of adoption of the ordinance but
which were legal prior to the adoption of the ordinance.
The suggested language provides for a review process at the Board
of Adjustment with the primary consideration to removal of a non-
conforming object being public safety.
The suggested process reduces a great deal of the subjectivity
which may be introduced into the process and also provides for a
City boards review and vote prior to an object actually being
subject to any enforcement action by the City. The language
represents a fair opportunity for property owners to have any
concerns heard as well as for the public safety to be protected.
It is recommended that members of Council enact the sight
triangle ordinance on second reading with the attached language
as recommended.
Respectfully submitted,
~~
Robert C. Middaugh
City Administrator
RCM:ly
Att. 6/22
M E M O R A N D U M
TO: -A Bob Middaugh, City Administrator
FROM. Glen Gidley, Director of Planning & Development
RE: Council Bill No. 12/Sight Distance Triangles
DATE: June 23, 1993
The attached revised Council Bill No. 12 incorporates specific
provisions that address the intent of Council regarding hazardous
nonconforming obstructions to view within regulated sight
triangles.
Section 4. of the Council Sill has been revised by the addition
of a new subsection (b) that provides a process to evaluate, and
if necessary, eliminate hazardous nonconforming sight
obstructions. The existing subsection (b) has been eliminated
since there would be a conflict with the standard provisions of
Section 26-7 regarding nonconforming situations throughout the
zoning ordinance. The result will be that nonconforming
obstructions to view will be regulated like all other zoning
nonconformities pursuant to Section 26-7. in order to insure
that landscaping is treated similarly to fences and other
structures, we have defined "landscaping" as a "structure" for
the purpose of enforcement.
For--reference, 1 have attached a copy of Section 26-7.
GEG:slw
attachment
INTRODUCED BY COUNCILMEMBER BROUGHAM _
Council Bill No. 12
Ordinance No. 928 _
Series of 1993
TITLE: AN ORDINANCE AMENDING THE CODE OF LAWS OF THE CITY OF
WHEAT RIDGE RELATING TO ALLOWED HEIGHTS OF FENCES,
DIVISIONAL WALLS, HEDGES OR OTHER OBSTRUCTIONS TO VIEW
WITHIN SIGHT DISTANCE TRIANGLES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO, AS FOLLOWS:
Section 1. Wheat Ridge Code of Laws, Chapter 26. Section 26-5,
Definitions, Sight Distance Triangle, and is hereby amended as
follows:
Sight distance triangle. The corner area within a corner lot
that is adjacent to both right-of-way frontages, or the area
where a driveway intersects a street, where it is required that
obstruction to view bY` be minimized. ~Ie--fenee di--'a=o,~,~ ~,n. s
_~_.._
_-y_
dement: (See Figure 26-31.1. and Sec. 26-30(2)(2))
Section .Wheat Ridge Code of Laws, Chapter 26. Section 26 Off-
Street Parking 31(C)(7) Sight Distance Triangle Requirements is
hereby amended as follows:
(7) Sight distance triangle requirements. For all uses eke-r
no obstructions to view
shall be permitted within sight distance triangles as
regulated by Sec. 26-30(I)(2)
y -_-_
.--, , _r~ieal height 4~~~btrt-r~et-1#m#ted te -fer~ees-and
'k-tzi-n n ~i i l n r r
........ _ y~l%G
"1'9T'C~NI~3P-3e-~-Ei}i~-Ll~ l
~,.~L__ _, ,,_ _r ~ errt ~,~ar.ivesaeg-Few all rises, er;
~o~\
y s ---- -- - --
wi J1LJ- __
N
fF1Ea9~H~PF7 F~nm th _i
..~_ _ _r
G \ L L L
z \ - -
~ .~.. .. ®~--@£~e£~@~ 9~3ee~s 'f32e 98Rbc-~risrr
Ordinance No. 9.7R__
Series of 1993
Page 2
Section 3 wheat Ridge Code of Laws, Chapter 26. Section 26-
32(C)(3) Landscape Area Requirement is hereby amended as follows:
(3) On corner lots, within the regulated sight distance
triangle, the growth of any plantings or the erection of any
landscape structure or berm over ~:.rts tw~T-s2T thirty-six
(36) inches above the level of the roadway or street as
regulated by section 26-30(L) of this Zoning Ordinance.
Section 4. .Wheat Ridge Code of Laws, Chapter 26. Section 26-
30(2)(2), Sight Distance Triangle Requirements is hereby amended
as follows:
(2) Sight distance triangle requirement:
(a) No fence, divisional wall-, hedge or other obstruction
to view in excess of forts ~-~ 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 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 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. enema - - - -a. -.~ ~ -
s - j~~xzaxror
- ---'------ (See Figure 26-
31.1.)
(b) Upon complaint by any citizen or public official that a
regulated sight triangle poses a public hazard by the
existence of any legal nonconforming obstruction, an
enforcement officer shall investigate and, after
conferring with appropriate City departments, make a
Ordinance No. 928
Series of 1993
Page 3
determination as to whether such situation is a public
nuisance_ If the enforcement officer determines that a
public nuisance exists, a notice to abate such nuisance
shall be issued to the land owner. For the purpose of
this subsection relating to nonconformity, landscaping
shall be considered as a structure when applying the
provisions of Section 26-7. This action may be taken
even though such legal nonconforming obstruction may be
subject to a five-year amortization as provided for
under Section 26-7(C). The owner or complainant has the
right to appeal such determination to the Board of
Adjustment, for a final determination as to whether a
public nuisance by way of public hazard exists. Such
appeal must be requested in writing, within fourteen
(14) days of the enforcement officer's determination or
notice to abate has been issued. The Board of
Adjustment shall hold a public hearing following
procedures set forth for "Interpretations" as provided
under Section 26-6(D). Abatement of any such determined
nuisances shall be in accordance with provisions set
forth in Wheat Ridge Code of Laws Section 15-Article I.
1-1--..~ 1~~~ .~.1 .. - .-L ~ ..ys.. .. u..
. /
Section 5. 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 6. 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 7. 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
Ordinance No. O'JR
Series of 1993
Page 4
are in existence as of the date of adoption of this Ordinance,
the provisions, requirements and standards herein shall supersede
and prevail... - ----
Section 8. This ordinance shall take effect 15 days after -
final publication. -
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8
to 0 on this 10th day of .May 1993, 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 June 14 1993, at 7:30 o'clock p.m., in
the Council Chambers, 7500 West 29th Avenue, Wheat Ridge,
Colorado.
6-14-93 - MOTION TO POSTPONE UNTIL JUNE 28, 1993; CARRIED 8-0
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading
by a vote of to this day of ,
1993.
SIGNED by the Mayor on this day of
Wanda Sang, City Clerk
1993.
RAY J. WINGER, MAYOR
APPROVED AS TO FORM BY CITY ATTORNEY
1st Publication: May 18, 1993
2nd Publication:
Wheat Ridge Sentinel
Effective Date:
KATHRYN SCHROEDER, CITY ATTORNEY
<pc>ordsitedis
§ 26.6 WFIEAT RIDGE CITY CODE
"Approval of this (ordinance, plan, plat,
etc.,i does not create a vested prope
right. Vested Property rights may o y
arise and accrue pursuant to the pr vi-
sions of section 26-6(G) of the Co of
Laws of the City of Wheat Ridge."
(H) Zoning Ordinance Amendments:
(1) Requests or proposals for amen ts. Re-
quests or proposals to amend article
may be initiated by city council, t e mayor,
planning commission, board of a justment,
the city attorney, the city admi trator, or
the director of planning and d velopment.
Any proposal to amend th zoning ordi-
nance referred to the plann' g commission
shall be scheduled for heazi g within thirty
(30) days of such referral d a recommen-
dation to approve, to mad' , or to deny the
proposal shall be render by the planning
commission within s' (60) days of such
referral. Failure tom e a recommenda-
tion to city council hin sixty (60) days
shall be deemed a r mmendation for ap-
proval without cam eats. Any other party
requesting orsugge tingamendmentsshall
make application the planning commis-
sion for consid 'on on a future agenda
as a study matt
(2) Process:
(a) Plannin Commission Hearing: A
public h g shall be scheduled be-
fore the Tanning commission and the
planni commission shall hear and
make rnmmendation to city council
upon 1 proposals to amend the zoning
ordi ce. Notice of said public hearing
sh be by a notice published in anews-
pa r of general circulation at least
se en (7) days prior to said hearing.
(b) C ty Council Hearing. All amendments
the zoning ordinance shall be ap-
roved only by the passage of an ordi-
nance. Said ordinance shall specify
those provisions which are being en-
acted, repealed, modified otherwise
changed. After passage upon first
reading, a notice of public hearing, to-
gether with the council bill, sh be
published in a newspaper of gen al cir-
culation, no less than seve 7) days
prior to a public hearing afore city
council. Council shall d a public
hearing on all reques and proposals
recommended to it by a planning com-
mission, and sh approve, approve
with modificatia s, or deny the council
bill. Ordinan s approved on second
reading wh' amend the zoning ordi-
nance, sh take effect fifteen (15} days
after fi al publication, unless other-
wise ecif~cally modified by a motion
of c' council.
(Ord. No. 19 -791, § 1, 5.8.89; Ord. No. 1990.822,
§ 2, 2.26-9 ;Ord. No. 1990.827, § 1, 4.9.90; Ord.
No. 1992 89, § 1, 2-10-92)
Sec. 26.7. Nonconforming lots, uses and
structures.
(A) Intent:
(1) Within the districts created by the adop-
lion of this Zoning Ordinance, or by the
adoption of amendments subsequent to this
Oxdinance,there may exist lots, structures
or uses ofland and structures which were
legal prior to the time of the adoption or
amendment of this Ordinance but which
under the terms of this Ordinance or its
amendment aze now prohibited, restricted
or regulated. It is the intent of this Zoning
Code to permit these nonconfarmities to con-
tinue until they are voluntarily removed,
or until they are amortized, but not to en-
couragetheirsurvival.It is further intended
that these nonconformities will not be en-
larged, expanded, or extended, nor will they
be used as grounds for adding other uses or
structures prohibited in the district. In cases
where a nonconformity constitutes an em-
inent public safety hazazd or threat, the
nonconforming situation may be ordered
corrected or removed.
(2) Any building or structure for which a
building permit has been issued or a use of
land or structure for which a use permit
has been granted prior to the effective date
of enactment or amendment of this Zoning
t
Supp. No. 9 1704
ZONING AND DEVELOPMENT
Code may be completed and used in accor•
dance with the plans, spermcations and
permit an which said building or use permit
was granted, if construction, in the case of
a building, or occupancy in the case of use,
is commenced within sixty (60) days after
the issuance of said permit and diligently
carried to completion or occupancy.
(B) Nonconforming vacant Zots of record: In any
district in which single•family dwellings are per-
mitted, asingle-family residence and customary
accessory buildings maybe erected on any vacant
single lot of rewrd as of date of adoption of this
Zoning Code, provided, that such lot is in separate
ownership and not of continuous frontage with
other Iots under the same ownership. This provi-
sion shall apply even though such lot fails to meet
the requirements of the district in which it is lo-
cated for area, or width, or both; provided, how-
ever, that the requirements of the district for min-
imum yard dimensions and lot coverage shall be
met.
IF two (2) or more lots or combinations of Iots
and portions of lots with continuous frontage in
single ownership are of record at the time of pas-
sage oramendment ofthis Ordinance, and part or
all of said lots do not meet the requirements of the
district in which they are located as to minimum
azea or frontage or both, the lands shall be can•
sidered, for the purpose of this Ordinance, to be
an undivided parcel and no por.ion of said parcel
shall be sold or used in a manner which dimin-
ishes compliance with lot width and area require-
ments established by this Ordinance.
-~7 (C) Nonronforming uses of land or land with
minorstructuresonly: Nonconforming use of land,
legally existing at the time of the adoption or
amendment of this Ordinance, where such use in-
volves noindividual structure with a replacement
cost of more than five thousand dollars ($5,000.00),
may be continued as long as it remains otherwise
lawful for a period not to exceed five (5) years
from the date of the adoption of this Ordinance, or
the amendment thereto creating said noncon-
forming use; provided:
(1) That no such use shall in any manner be
increased to occupy a greater azea of land
§ 26-7
than was occupied on the date of adoption
or amendment of this Ordinance.
(2) That no such use shall be moved, in whole
or in part, to occupy any portion of the lot
or parcel other than that occupied on the
date of adoption of amendment of this Or•
disance.
(3) That should any such use, for any reason,
cease for a period of sixty (60) days or more,
or at the end of the five-year amortization
period, any further use of the property shall
be in full conformance with all of the re-
quirements of this Ordinance far the dis-
trict in which said property is located.
(4) No additional structures not conforming to
the requirements of this Ordinance shall
be erected in conjunction with said noncon-
forminguse.
-~ (D) Nonconforming structures: Where a struc-
ture with a replacement value of more than five
thousand dollars ($5,000.00) Iawfully exists at the
time of the adoption or amendment of this Ordi-
nance which could not be built under the require-
ments of this Ordinance because of lot area, lot
coverage, required yards or the location of the
structure on the lot, such structure may be con-
tinued so long as it remains otherwise lawful, sub-
ject to the following provisions.
(1) Any one• or two-family dwelling structure
or customary accessory structures may be
enlarged, altered or added to provided that
all lot coverage requirements of the zoning
district in which the structure is located
are met, and provided that such enlarge-
ment, alteration or addition does not in-
creasetheextent ofnonconforming setbacks
by encroaching beyond the existing setback
line. In instances of corner lots, no enlazge-
ment, alteration or addition shall be per-
mitted to encroach within the minimum
sight distance triangle as set forth in sec-
tion 26-30(I) hereof. In addition, no such en-
lazgement, alteration or addition which ex-
tends within the nonconforming azea shall
result in the development of any additional
dwelling units.
Supp. No. 5
1705
§ 26.7
WHEAT RIDGE CITY CODE
(2) If any such structure or nonconforming por-
tion thereof is destroyed by any means to
an extent of more than fifty (50) percent of
its replacement cost at the time of said de-
struction, it shall not be reconstructed ex-
cept in conformity with the applicable pro-
visions of this Ordinance.
(3) If any such structure should for any reason
be moved from its location at the time of
adoption or amendment of this Ordinance, (4)
it shall conform to the provisions of the dis•
trio in which it is located after it is moved.
7 (E) NoncenformingUsesofStructux'esorofPre•
miles or of Structures and Premises in Combina•
tion: Lawful uses of individual structures with a
replacement cost of five thousand dollars
($5,000.00) or more, or such structures and land
in combination which exists at the time of adop-
tion oramendment ofthis Zoning Code, but which
would not be allowed in the district in which lo-
catedunder the terms of this Zoning Cade, maybe
continued, so long as they remain otherwise
lawful, until July 1, 2D00, on or before which date
they shall be +=***+i*+pted, or for a period not to
exceed fifteen (15) years from the date of the adop-
tion of this Zoning Code or amendment creating
said nonconforming use, provided:
(1) No existing structure devoted to a use not
permitted by this Ordinance in the district
in which located shall be enlarged, ex-
tended, constructed, reconstructed, moved
or structurally altered except in changing
the use of the structure to a use permitted
in the district in which it is located.
(2) Any nonconforming use may be extended
throughout any part of the building which
was designed or arranged for such use at
the time of adoption or amendment of the
Zoning Code, but no such use shall be ex-
tended to occupy any land outside such
building. In addition, no such use shall be
extended to any portion of the property out-
side of any building which was not used for
said nonconforming use at the time of the
adoption or amendment of this Ordinance
creating said nonconforming use.
(3) That no structural alterations are made,
any nonconforming use of a structure, or of
Supp. No. 6
premises, or of a structure and premises in
combination, may be changed to another
nonconforming use as special exception by ~..
the board of adjustment; provided, that said
board fords that the proposed use is equally
or more appropriate than the existing use.
In permitting this change, the board may
require whatever conditions and safeguards
it deems necessary.
Any structure, ar land, or structure and
land in combination, in or on which a nan•
conforming use is replaced by a permitted
use shall not again be devoted to a use not
permitted in the district in which it is lo-
cated.
(5) Whenever any nonconforming use of a
structure, or land, or a structure and land
in combination, is discontinued for sixty (60)
consecutive days ar six (6) months during
any three (3) year period, except when gov-
ernment action impedes access to the prop-
erty, or at the termination of the fifteen
(15) year amortization period, the struc-
ture, or structure and premises in cembi-
nation shall not thereafter be devoted to a
use not permitted in the district in which is
located.
(6) Where nonconforming use status applies to
a structure and premises in combination,
removal or destruction of the structure shall
not eliminate the nonconforming status of
the land, except where the nonconforming
use of the land is additionally terminated.
"Destruction," for the purpose of this sec-
tion, shall be defined as damage to the ex-
tent of more than fifty (50) percent of the
replacement coat at the time of destruction.
(F) Repairs and Maintenance: On any noncon-
forming structure, or portion of a structure con-
taining anonconforming use, work may be done
during any one (1) year period on ordinary re-
pairs, or on repair and replacement of nonbearing
wall fixtures, wiring or plumbing; provided, that
the cubic content existing when it became non-
conforming is not increased.
If a nonconforming structure or portion of a
structure devoted to a nonconforming use becomes
1706
ZONING AND DEVELOPbfENT
physically unsafe or unlawful due to lack of re•
pairs and maintenance, and it is declared by the
director of planning and development to be unsafe
or unlawful by reason of physical condition, it shall
not thereafter be restored, rebuilt or repaired ex-
cept in conformity with the regulations of the dis-
trict in which it is located.
Nothing in this Ordinance shall be deemed to
prevent the strengthening or restoring to a safe
condition of any building or part thereof declazed
to be unsafe by any official chazged with protec-
tion of the public safety.
(G) Exceptions:
(1) Government actions. Whenever the City of
Wheat Ridge or the State of Colorado shall,
through a taking or a required dedication
ofland for street widening ar extension pur•
poses, cause any lot, structure or use main-
tained upon such lot to become noncon•
forming in the areas of setback, area of lot,
or pazking and landscape requirements, the
existing lot, structure ar use, which would
otherwise become nonconforming, shall be
considered conforming, subject to the fol•
lowing provisions:
(a) The nonconformity that was created by
street right•of--way widening or exten-
sion was not anticipated by adopted
plans which were in effect as of the date
of commencement of the original con-
struction or use; and
(b) Any nonconformity other than those
created by the abovedescribed govern-
mental action, and which existed prior
to the date of the governmental action,
shall be considered a nonconformity
which is subject to the remaining pro-
visions of this section 26-7.
(2) Variances and waivers. Any use or struc-
ture which is granted a vaziance or waiver
in accordance with section 26.6(D) of this
chapter from the strict application of the
regulations of this chapter, but not in-
cludingthose special exceptions acted upon
by the boazd of adjustment under subsec-
tion (E)(8)above, shall not be deemed a non-
conforming use or structure.
§ 26-8
(3) Private roadways. Nothing in this chapter
shall be construed to mean that dwellings
or other structures existing in the City of
Wheat Ridge on private roads or legally re-
corded easements at the time of passage of
this chapter shall be considered to be non•
conforming.
(H) Miscell¢neous Noncorzformities: Existing
uses and/or developed lands which aze noncon-
forming due to ingress/egress, landscaping,
pazking, signage or public improvements may be
continued notwithstanding the provisions of sub-
sections (C), (D) and fE) above; provided, however,
that any reconstruction, enlargement or addition
meets the specific nonconforming provisions re-
lated to the particular nonconformity as specified
in the appropriate section. (See section 26.31 For
parking and ingress/egress; section 26-32 for land-
scaping; Chapter 26 Article N For signs; and sec•
tion 5-45 for public improvements.)
(Ord. No. 1989.814, § 1, 12.11.89; Ord. No. 1990-
827, § 1, 4.9-90; Ord. No. 1991-859, § 1, 4.18.91)
Sec. 26-8. Zoning districts.
In order to regulate the location, height, bulk
and size of buildings and other structures; the per-
centage of lot which may be occupied; the size of
lots, courts and other open spaces; the density and
distribution of population; the location and uses
of land, building and structures for trade, industry,
residence, recreation, public activities or other pur•
poses, the City of Wheat Ridge is hereby divided
into the following districts:
Residential-One District (R•1)
Residential-One A District (R•lA)
Residential•One BDistrict (R-1B)
Residential•One CDistrict (R-1C)
Residential•Two District (R•2)
Residential•Two ADistrict (R-2A)
Residential-Three District (R•3)
Residential-Three A District (R-3A)
Agricultural-One District (A•1)
Restricted Commercial.One (RC-11
Supp. No. 7 1707
V
~`
INTRODUCED BY
Council Bill No.
Ordinance No.
Series of 1993
TITLE: AN ORDINANCE AMENDING THE CODE OF LAWS OF THE CITY OF
WHEAT RIDGE RELATING TO ALLOWED HEIGHTS OF FENCES,
DIVISIONAL WALLS, HEDGES OR OTHER OBSTRUCTIONS TO VIEW
WITHIN SIGHT DISTANCE TRIANGLES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO, AS FOLLOWS:
Section 1. Wheat Ridge Code of Laws, Chapter 26. Section 26-5,
Definitions, Sight Distance Triangle, and is hereby amended as
follows:
Sight distance triangle_ The corner area within a corner lot
that is adjacent to both right-of-way frontages, or the area
where a driveway intersects a street, where it is required that
obstruction to view by be minimized. Pie €enee, a`--' -- - - ---" ,
• .x-u.
-___ _ _____ _-____~_. ..___~ r...-...,- ._-. ......... -..~ --.... ._-~.....- .,..._..~5 ... ~.. ..
1 _. ~ ..... ....... .. .._..... ....~ -._...~-.r ~.. .a-v.. ~.. r.uv..
iet-ifs.,... r._~ Shia}}
~.v ~. .i.iaxca =os-cv~~eete~' e~-a~e~iai streets. ~Flie s-a~-
~._._ ... .. auii ' .~ m
~'_ (See Figure 26-31.1. and Sec. 26-30(2)(2))
Section 2 Wheat Ridge Code of Laws, Chapter 26. Section 26 Off-
Street Parking 31(C)(7) Sight Distance Triangle Requirements is
hereby amended as follows:
(7) Sight distance triangle requirements. For all uses ether
t_`__- ____ __ ~ t.._ ~._...~11 d..-li-~._.~c, no obstructions to view
shall be permitted within sight distance triangles as
regulated by Sec. 26-30(2)(2) '-='-:-.=_ r__i__ _:._ .,,~. ~..__~.__
- -~ ~s
str~-
et -
#
d ~4
l
- '--, , w_ _ __: == _a __: _~.:
x
r~~
1'n~ a-,~ni~7 es, ®r
par
e
aa,- e
es, ~ ~
•
ee
-l
°w-'--
t
:
..__: __ ~_
___ ~._ ~_____ ~~.: _ r
___ ..: _. . ~~
~~xe~ s; --c
e ._
____ __ ..
__~__-__ _ ___._ -_____ -- c.__..___- _ ..-______ ____ __ ____~__
.v
Ordinance No. Page,2
Series of 1993
Section 3. Wheat Ridge Code of Laws, Chapter 26. Section 26-
32(C)(3) Landscape Area Requirement is hereby amended as follows:
(3) On corner lots, within the regulated sight distance
triangle, the growth of any plantings or the erection of any
landscape structure or berm over thirty-six
(36) inches above the level of the roadway or street as
regulated by section 26-30(I) of this Zoning Ordinance.
Section 4. Wheat Ridge Code of Laws, Chapter 26. Section 26-
30(2)(2), Sight Distance Triangle Requirements is hereby amended
as follows:
(2) Sight distance triangle requirement:
(a) No fence, divisional wall, hedge or other obstruction
to view in excess of °.-t1 t::= ;"_'_; 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 streets or fifty-five (55) feet
from the intersection o£ such lot lines 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.
. (See Figure 26-
31.1.)
Cp~ Upon complaint by any citizen or public official that a
regulated sight triangle poses a public hazard by the
existence of any legal nonconforming obstruction, an
enforcement officer shall investigate and, after
conferring with appropriate City departments, make a
j .,
r Ordinance No. Page 3
_ ,,
Series of 1993 ~ °"
J determination as to whether such s tuation is a public
nuisance. If the enforcement offs er determines that a
~~~ 'public nuisance exists, a notice t abate such nuisance
N~ shall be issued to the land owner. This action may be
~€~s^• ~ taken even though such legal nonconforming obstruction
may be subject to a five-year amortization as provided
~~1 A~ for under Section 26-7(C). The owner or complainant has
the right to appeal such 'determination to the Board of
~ Adjustment, for a final determination as to whether a
~?"~• ' `~. ~_~~ public nuisance by way of public hazard exists. Such
'C.d appeal must be requested in writing, within fourteen
(14) days of the enforcement officer's determination or
~ ~f~ notice to abate has been issued. The Board of
1 Adjustment shall hold a public hearing following
~~' ~ procedures set forth for "Interpretations" as provided
~ under Section 26-6(D). Abatement of any such determined
~a nuisances shall be in accordance with provisions set
~~ forth in Wheat Ridge Code of Laws Section 15-Article I.
s ~• _~ ~~.
..,
-- -
, ~ .r is.., a..~-
r
9rdinanee __ ..-r.ti
. r........ _.y._ • .~i., a
-~ -
~ive-~5~ea~s--~D=~ N •~
_~_ ..z ~~
Sgction 5. 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 6. 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 7. ~persession 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.
~r
Ordinance No. Page 4
Series of 1993
Section 8. 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 1993, 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 1993, at 7:.30 o'clock p.m., in
the Council Chambers, 7500 West 29th Avenue, Wheat Ridge,
Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading
by a vote of to this day of ,
1993.
SIGNED by the Mayor on this
. WINGER, MAYOR
Wanda Sang, City Clerk
day of 1993.
APPROVED AS TO FORM BY CITY ATTORNEY
KATHRYN SCHROEDER, CITY ATTORNEY
1st Publication:
2nd Publication:
Wheat Ridge Sentinel
Effective Date:
<pc>ordsitedis
M E M O R A N D U M
TO: ~~'nn'11~~~//B/ob Middaugh, City Administrator
FROM :,},y'bGlen Gidley, Director of Planning and Development
RE: ddddd-WWWWY"'' Council Bill No. 12/Sight Distance Triangles
DATE: August 14, 1993
The attached revised Council Bill 12 incorporates revisions
requested by City Council at their public hearing held on this
matter on June 12. It was my understanding that Council decided
not to require amortization of nonconformities that would be
between 36 and 42 inches, but retain the amortization on those
above 42 inches in height. Additionally, if a nonconforming
obstruction was found to be hazardous, even though they either
are not amortized or are subject to amortization, such a hazard
should be eliminated.
I believe that the changes made to this Council Bill achieve. all
of the above-mentioned objectives. The Council Bill could either .
be placed on the next Council study session, or placed upon a
regular meeting agenda for action. Please advise.
GEG:slw
attachment
INTRODUCED BY COUNCILMEMBER
Council Bill No.
Ordinance No. _
Series of 1993
TITLE: AN ORDINANCE AMENDING THE CODE OF LAWS OF THE CITY OF _
WHEAT RIDGE RELATING TO ALLOWED HEIGHTS OF FENCES,
DIVISIONAL WALLS, HEDGES OR OTHER OBSTRUCTIONS TO VIEW
WITHIN SIGHT DISTANCE TRIANGLES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO, AS FOLLOWS:
Section 1. Wheat Ridge Code o£ Laws, Chapter 26. Section 26-5,
Definitions, Sight Distance Triangle, and is. hereby amended as
Follows:
Sight distance triangle. The corner area within a corner lot
that. is_adjacent to both right-of-way frontages, or the area
where a driveway intersects a street, where it is required that
obstruction to view by .be minimized. ~ £enee-a~~=o==ate wa ;
ter-~y-3~~~Tinehes h#gh _'- r__ ~ -
.. , .. ''-
+ u ~ i
streets, ''' _ r cc ~ c,... a- F_
~z--~r~.~ -~ ar-arter}a~ streets - _,, .., ,
.~_.. _r a_-.a ._...~
i -
_ .!-. _..~ .. L Lam.. ._,.. l 'I C
• J
r-einea-~ (See Figure 26-31.1. and Sec. 26-30(1)(2))
Section 2. Wheat Ridge Code o£ Laws, Chapter 26. Section 26 O£f-
Street Parking 31(C)(7) Sight Distance Triangle Requirements is
hereby amended as Follows:
(7) Sight distance triangle requirements. For all uses et-be-r
then e~xe ~"" °"'"""-'''-""'-a"'. no obstructions to view
shall be permitted within sight distance triangles as
regulated by Sec. 26-30(1)(2) '~ ....____ °.-~__ ~.__.. r~^.±.-;-
r ~ - r ...s. a-..-r r n - ~ ,..i.... ~
,..~.
~~a~#eal-height, 1_ .a: w...~_ y~...~„". ::c -°°c=c; _a
i
Ordinance No. Page 2
Series of 1993
a- ~- x.t.. ..a. a- .. r i :_ a a-
~i'®fR tep 6~ eH~'~,--vzi -+xv °~%"`~ y
s..i i.~
".~,.a
__y
..........._ __ . ~
Section 3. Wheat Ridge Code of Laws, Chapter 26. Section 26-
32(C)(3) Landscape Area Requirement is hereby amended_as follows:
(3) On corner lots, within the regulated sight distance
triangle, the growth of any plantings or the erection o£ any
landscape structure or berm over =___ =.._ ;""• thirty-six
(36) inches above the level of the roadway or street as
regulated by section 26-30(i) of this Zoning Ordinance.
Section 4. Wheat Ridge Code of Laws, Chapter 26. Section 26-
30(I)(2), Sight Distance Triangle Requirements is hereby amended
as follows:
(2) Sight distance triangle requirement:
(a) No fence, divisional 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 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. 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. Erne "' °"-' ' ''""' ' ' `-"'~"' ' `"
. (See Figure 26-
31.1.)
(b) NONCONFORMING OBSTRUCTIONS TO VIEW. '"""'isnxorcrc~'a civn
___r..___ ~:..... Within a required sight distance
triangle, any legal nonconforming obstruction to view
that does not exceed 42 inches in height may be
continued provided that such obstruction is not found to
Ordinance No.
Series o£ 1993
Page 3
be a public hazard as discussed below in subsection (c).
, Any legal nonconforming
obstruction to view €enees,~s=a== ~~g"`~ in
excess 42 inches in height shall conform to these
regulations within five (5) years provided that such
obstruction is not found to be a public hazard as
discussed below in subsection (c). For more specific
requirements regarding nonconforming situations, see
Section 26.7.
(c) PUBLIC HAZARDS. Upon complaint by any citizen or
public official that a regulated sight triangle
poses a public hazard by the existence of any legal
nonconforming obstruction, an enforcement officer shall
investigate and, after conferring with appropriate City
departments, make a determination as to whether such
situation is a public nuisance. If the enforcement
officer determines that a public nuisance exists, a
notice to abate such nuisance shall be issued to the
land owner. This action may be taken even though such
legal nonconforming obstruction may be subject to a
five-year amortization as provided for under subsection
(b) above. The owner or complainant has the right to
appeal such determination to the Board of Adjustment,
for a final determination as to whether a public
nuisance by way of public hazard exists. Such appeal
must be requested in writing, within fourteen (14) days
o£ the enforcement officer's determination or notice to
abate has been issued. The Board of Adjustment shall
hold a public hearing following procedures set forth for
"Interpretations" as provided under Section 26-6(D).
Abatement of any such determined nuisances shall be in
accordance with provisions set forth in Wheat Ridge Code
of Laws Section 15-Article I.
Section 5. 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 6. 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.
Ordinance No. __. Page 4
Series of 19.93
Section 7 Supersession Clau e 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 8 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 ,_1993, 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 1993, at 7:30 o'clock-p.m., in
the Council Chambers, 7500 West 29th Avenue, Wheat Ridge,
Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading
by a vote of to this day of_
1993.
SIGNED by the Mayor on this day of 1993.
RAY J. WINGER, MAYOR
Wanda Sang, City Clerk
APPROVED AS TO FORM BY CITY ATTORNEY
1st Publication:
2nd Publication:
Wheat Ridge Sentinel
Effective Date:
KATHRYN SCHROEDER, CITY ATTORNEY
<pc>ordsitedis
(JlP/~
M E M O RAN D U M
TO: Bob Middaugh, City Administrator
FROM: Glen Gidley, Director of Planning & Development
RE: Sight Distance Triangle Ordinance Revisions
DATE: September 23, 1993
Please find attached a copy of the revised Sight Distance
Triangle Ordinance that differs from that which Council reviewed
on September 7 in the following areas:
1. Ord. Sec. 2 - Off-Street Parking Sec. 31(C)(7) is revised by
specifically including "parked vehicles" as_a prohibited
obstruction to view. This addresses Mr. Selstad's concern
over recreation vehicles obstructing view, however, it also
applies to all other vehicles in excess of 36 inches tall
(practically all. vehicles).
I am concerned that this provision will regularly be
violated, especially in normal single-family driveway
situations where regular cars, pickups or family vans are
parked on their own driveway. If RVs are the problem, which
primarily they are, instead of making this change (which I
believe Council has asked for), I would rather see Council
increase the setback for RVs to 15 feet rather than the
current six feet. This keeps them back into the property far
enough that no matter where they are parked within the front
yard, even in a driveway, they do not pose a sight
obstruction problem. Of course, Council could go further and
prohibit such RV parking in any front yard or side yard
adjacent to a public street. This not only addresses the
sight distance issue, but also addresses aesthetic
considerations. I would recommend the latter as the best
option overall, however realize that there would need to be
some reasonable compliance period, such as one year.
Ord. Sec. 4 Based upon Council concerns regarding driveways
for uses that have heavy traffic generation, I created a two-
tier standard that allows low trip-generating uses (under 25
trips per day) the 15-foot sight triangle, but treats the
more intense land uses similar to public streets.
I considered different language under subsection (c) PUBLIC
HAZARDS to deal with the "catchall" idea that Mr. Selstad
proposed, however, it became so complicated that i believe
courts would find it arbitrary and unreasonable. i can find
no other Zoning Ordinance that has such a provision. The
Bob Middaugh, City Administrator
September 23, 1993
Page 2
only way that such a provision could work is where you
completely eliminate sight distance triangle standards as
minimums, and instead adopt a "performance-based system"
where each intersection is evaluated based upon street
classification, topography, posted speed limits and existing
built conditions. In some cases, there may be no sight
triangle restrictions, thus permitting obstructions fully
within an area normally subject to restrictions. In other
situations, the sight triangle restriction may extend 300
feet, hence allowing no obstructions for three of four
properties from a street corner.
I would rather maintain our current standards as minimums,
and expect Board of Adjustment variances in unusual
circumstances.
GEG:slw
attachment
cc: Kathryn Schroeder, City Attorney
INTRODUCED BY COUNCILMEMBER
Council Bill No.
Ordinance No.
Series of 1993-
TITLE: AN ORDINANCE AMENDING THE CODE OF LAWS OF THE CITY OF
WHEAT RIDGE RELATING TO ALLOWED HEIGHTS OF FENCES,
DIVISIONAL WALLS, HEDGES OR OTHER OBSTRUCTIONS TO VIEW
WITHIN SIGHT DISTANCE TRIANGLES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO, AS FOLLOWS:
Section 1. Wheat Ridge Code of Laws, Chapter 26. Section 26-5, _
Definitions, Sight Distance Triangle, and is hereby amended as
follows:
Sight distance triangle. The corner area within a corner lot
that is adjacent to both right-of-way frontages, or the area
where a driveway intersects a street, where it is required that
obstruction to view ~ be minimized. Ne €enee, '~--'-'~-~' ~~~",
signs,
vu vY wic +.v ~. .w.~
x.11 1V1i61
1
l~lr~s fer eelleeter-ems ar-teri@1 streets. '"L- - - -L-„
iL..i .LL- ..L.L at ,..~.... .~.~_,. ..., ., L.. .. a.......a 1- L=LL.....i. l,c\
H-
req~-i~eme~: (See Figure 26-31.1, and Sec. 26-30(1)(2))
Section 2. Wheat Ridge Code of Laws, Chapter 26. Section 26 Off-
Street Parking 31(C)(7) Sight Distance Triangle Requirements is
hereby amended as follows:
(7) Sight distance triangle requirements. For all uses e~e-r
~ - - ...a .~.... _r.,...s ,_._a..,.v i_i~g~ nO obstructions tO view
including parked vehicles, shall be permitted within sight
distance triangles as regulated by Sec. 26-30(2)(2) '-z
___ _1 _.._ __ _____ _ _-__ ~ _ _ -_______ ___- __ _ __ _ _ _ __ _ ,
`/f.rl ...1..... 3- ...-43- L..2 ..
. - /
limited-te, fenees end walls,
berms, sig~xs-or-ether strnett~res, ,
Fer' ell uses, ®n earner lets, -- -L ~_ ~_ __ ~.. --- _ _ L..1-..,.en
Ordinance No. Page 2
Sight Distance Triangles
inc~ _a. -t.e_ va _i_-._
~
~
,z
e'65QL eQ
spree-t-earners-€~em t®p--ef eurb, er-i€ n® enrb ex #sts, €Fem
Section 3. Wheat Ridge Code of Laws, Chapter 26. Section 26-
32(C)(3) Landscape Area Requirement is hereby amended as follows:
(3) On corner lots, within the regulated sight distance
triangle, the growth of any plantings or the erection of any
landscape structure or berm over #-er~y--twe-FAQ} thirty-six
(36) inches above the level of the roadway or street as
regulated by section 26-30(I) of this Zoning Ordinance.
Section 4. Wheat Ridge Code of Laws, Chapter 26. Section 26-
30(I)(2), Sight Distance Triangle Requirements is hereby amended
as follows:
(2) Sight distance triangle requirement:
(a) No fence, divisional wall, hedge or other obstruction
fva.l. 1 /.~q\
o view in excess of „Y „rr„~~T 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 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 for one and two-family dwelling uses, or any use
that generates less than 25 vehicle trips per day, the
sight distance triangle shall may be reduced to fifteen
(15) feet. Land uses that generated more than 25 trips
per day shall be subject to the local street standard of
twenty-five (25) 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.
. (See
Figure 26-31.1.)
Ordinance No. _
Sight Distance Triangles
Page 3
(b ) NONCONFORMING OBSTRUCTIONS TO VIEW. ~?aner-t~at-ien
--t--° "-'--. Within a required sight distance
triangle, any legal nonconforming obstruction to view
that does not exceed 42 inches in height may be
continued provided that such obstruction is not found to
be a public hazard as discussed below in subsection (c).
Any legal nonconforming
_~_
obstruction to view fences, divr-=~~ - - - in
excess 42 inches in height shall conform to these
regulations within five (5) years, provided that such
obstruction is not found to be a public hazard as
discussed below in subsection (c). For more specific
requirements regarding nonconforming situations, see
Section 26.7.
(c) PUBLIC HAZARDS. Upon complaint by any citizen or
public official that a regulated sight triangle
poses a public hazard by the existence of any legal
nonconforming obstruction, an enforcement officer shall
investigate and, after conferring with appropriate City
departments, make a determination as to whether such
situation is a public nuisance. If the enforcement
officer determines that a public auisance exists, a
notice to abate such nuisance shall be issued to the
land owner. This action may be taken even though such
legal nonconforming obstruction may be subject to a
five-year amortization as provided for under subsection
(b) above. The owner or complainant has the right to
appeal such determination to the Board of Adjustment,
for a final determination as to whether a public
nuisance by way of public hazard exists. Such appeal
must be requested in writing, within fourteen (14) days
of the enforcement officer's determination or notice to
abate has been issued. The Board of Adjustment shall
hold a public hearing following procedures set forth for
"Interpretations" as provided under Section 26-6(D).
Abatement of any such determined nuisances shall be in
accordance with provisions set forth in Wheat Ridge Code
of Laws Section 15-Article I.
Section 5. 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 6. 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
S~
Ordinance NO.
Sight Distance Triangles
Page 4
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-7_._ Supersession Clau~P 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 8. 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 _ ,: 1993, 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 1993, at 7:30 o'clock p.m., in
the Council Chambers, 7500 West 29th Avenue, Wheat Ridge,
Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading
by a vote of to - this day o,f-_
1993. - ,. ._,
SIGNED by the Mayor on this day of 1993.
RAY J. WINGER, MAYOR
Wanda Sang, City Clerk
APPROVED AS TO FORM BY CITY ATTORNEY
1st Publication:
2nd Publication:
Wheat Ridge Sentinel
Effective Date:
KATHRYN SCHROEDER, CITY ATTORNEY
^
<pc>ordsitedis
INTRODUCED BY COUNCILMEMBER
Council Bill No.
Ordinance No.
Series of 1994
TITLE: AN ORDINANCE AMENDING THE CODE OF LAWS OF THE CITY OF
WHEAT RIDGE RELATING TO ALLOWED HEIGHTS OF FENCES,
DIVISIONAL WALLS; HEDGES OR OTHER OBSTRUCTIONS TO VIEW
WITHIN SIGHT DISTANCE TRIANGLES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO, AS FOLLOWS:
Section 1. Wheat Ridge Cos3e of Laws, Chapter 26. Section 26-5,
Definitions, Sight Distance Triangle, and is hereby amended as
follows:
Sight distance triangle. The corner area within a corner lot
that is adjacent to both right-of-way frontages, or the area
where a driveway intersects a street, where it is required that
obstruction to view §y BE minimized. Pdo €enee, d#eisienel wales
-,L: ~ : L__ ...,.~ .. ...L ..l ~ L.. .-.L..w~ :.-.e...a ....L..: -,.a ~ ,.L
..L:... ,.. ..a ... L... .-L ~..+ ~a..... ..a a_L ,.-.• L........ L__ r__... ~~c~ r.._a-
:______~__-..fir--.._i _.. ___.. ___ --___ _-_____ _:: ____ _-._ -_, ___~
~___ LL_ ` L•-.--e. t ~h-ie'L lines fer leeel streets, er
xx oxa cxxc z:xccr5ec czoxx vx ,iuc
ealleeter-er-er~e~iel s~trests. -- -_--- --- -_---- ---
(See
Figure 26-31.1. and Sec. 26-30(2)(2))
Section 2. Wheat Ridge Code-of Laws, Chapter 26. Section 26 Off-
Street Parking 31(C)(7) Sight Distance Triangle Requirements is
hereby amended as follows:
(7) Sight distance triangle requirements. For all uses ear
e°l~i-ngs, no obstructions to view SHALL
BE PERMITTED WITHIN SIGHT DISTANCE TRIANGLES AS REGULATED BY SEC.
26-30(2)(2) _ - ~^••-• '°^`
-__- ...---, __.....'...... ..... .. ......- -..............i...-..-fir ..........., .....~.... ..~ .. ...,..~
s~rtretures, e~-pe~-}~ed ee3-x#eles, _----- -- r---------- ------°-
------ ---- --_--.. .._ .. _s __..., ...... _i_~~~.. ~..,, «~.. ..~~-.._-~ .,i..., .._
She-etr~b-etrt er-drivewayFer all uses, ®ri-se~ne~ leis; r-xe
a LL..a aLLa-- LL_
a- -.C LL...- -L
_---__-~-- __------- ---_-- ___- r'-___ -- -___--.---_-..i '-_
Ordinance No. Page 2
Series of 1994
-----°'
-
~b-
~--
t th
i
ht f
i
s
r~
eu
s
e r
g
e -wa~l
rxe, and €er street
m aY mt,. .Fns l A ~ l
^ L
N
r r
r t't
~~T
Section 3. Wheat Ridge Code of Laws, Chapter 26. Section 26-
30(I)(2), Sight Distance Triangle Requirements is hereby amended
as follows:
(2) Sight distance triangle requirement:
(a) No fence, divisional wall,-hedge or other obstruction to
view in excess of forty-two (42) 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 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 of 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 forty-two
(42) 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.
a Y, -YY
~ a °'' _ --'~ (See Figure 26-
31.1.)
(b) NONCONFORMING OBSTRUCTIONS TO VIEW. "---'-=_,,~, __ _r
__~__°"°~°~_'~~--. Within a required sight distance triangle,
any legal nonconforming OBSTRUCTION TO VIEW MAY BE CONTINUED
PROVIDED THAT SUCH OBSTRUCTION IS NOT FOUND TO BE A PUBLIC
HAZARD AS DISCUSSED BELOW IN SUBSECTION (C).
ass-a~the--de~e-a€-edefrtien of tYsis^Erd}nanee An•~
..,,_
~ - ' ~.a -s=-=~
"~ -- For
~ ~ i s
more specific requirements regarding nonconforming
situations, see Section 26.7.
(C) PUBLIC HAZARDS. UPON COMPLAINT BY ANY CITIZEN OR PUBLIC
OFFICIAL THAT A REGULATED SIGHT TRIANGLE POSES A PUBLIC
HAZARD BY THE EXISTENCE OF ANY LEGAL NONCONFORMING
OBSTRUCTION, AN ENFORCEMENT OFFICER SHALL INVESTIGATE AND,
AFTER CONFERRING WITH APPROPRIATE CITY DEPARTMENTS, MAKE A
Ordinance No.
Series of 1994
Page 3
DETERMINATION AS TO WHETHER SUCH SITUATION IS A PUBLIC
NUISANCE. IF THE ENFORCEMENT OFFICER DETERMINES THAT A
PUBLIC NUISANCE EXISTS, A NOTICE TO ABATE SUCH NUISANCE
SHALL BE ISSUED TO THE LAND OWNER. THE OWNER OR COMPLAINANT
HAS THE RIGHT TO APPEAL SUCH DETERMINATION TO THE BOARD OF
ADJUSTMENT, FOR A FINAL DETERMINATION AS TO WHETHER A PUBLIC
NUISANCE BY WAY OF PUBLIC HAZARD EXISTS. SUCH APPEAL MUST
BE REQUESTED IN WRITING, WITHIN FOURTEEN (14) DAYS OF THE
ENFORCEMENT OFFICER'S DETERMINATION OR NOTICE TO ABATE HAS
BEEN ISSUED. THE BOARD OF ADJUSTMENT SHALL HOLD A PUBLIC
HEARING FOLLOWING PROCEDURES SET FORTH FOR "INTERPRETATIONS"
AS PROVIDED UNDER SECTION 26-6(D). ABATEMENT OF ANY SUCH
DETERMINED NUISANCES SHALL BE IN ACCORDANCE WITH PROVISIONS
SET FORTH IN WHEAT RIDGE CODE OF LAWS SECTION 15-ARTICLE I.
Section 4. Severability. If any clause, sentence, paragraph, or
part of this Zoning Code or the application thereof to any person
or circumstances shall for any reason be adjusted by a court of
competent jurisdiction invalid, such judgment shall not affect
application to other persons or circumstances.
Section 5. 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 £or 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 6. 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 8. This ordinance shall take effect days after
final publication.
INTRODUCED, READ, AND
to on this day
in full in a newspaper
Wheat Ridge and Public
set for
Council Chambers, 7500
ADOPTED on first reading by a vote of
of 1994, ordered published
of general circulation in the-City of
Hearing and consideration on final passage
_, 1994, at 7:00 o'clock p.m., in the
West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading
by a vote of to this day of ,
1994.
Ordinance No.
Series of 1994
Page 4
SIGNED by the Mayor on this day o£ 1994.
DAN WILDE, MAYOR
Wanda Sang, City Clerk
APPROVED AS TO FORM BY CITY ATTORNEY
1st Publication:
2nd Publication:
Wheat Ridge Sentinel
E££ective Date:
KATHRYN SCHROEDER, CITY ATTORNEY
<pc>ordsitedis
INTRODUCED BY COUNCIL MEMBER
Council Bill No. ORDINA__NCE NO.
Series of .1996
TITLE: AN ORDINANCE AMENDING SECTION 26-30(K) OF THE CITY OF
WHEAT RIDGE CODE OF LAWS CONCERNING OVERLAY ZONES.--
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO, AS FOLLOWS:
Section 1.
Chapter 26, Article I, Section 26-30(K) of the Wheat Ridge
Code ,of Laws, entitled "Overlay Zones"_is hereby amended to read
as follows:
CHAPTER 26 ZONING AND DEVELOPMENT
ARTICLE I. ZONING CODE
Section 26-30(K) Overlay Zones
(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 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 and within
areas designated by ordinance as Special Area
Restriction (SAR) overlay districts.
(2D Multiple Use/Activity Center Areas. Because the
Comprehensive Development Plan defined "multiple use"
as including "a mix" of residential, office and
retail/commercial uses, and because "activity center"
constitutes properties of significant development
potential, some of which uses and developments may be
incompatible with neighboring or adjoining properties
and/or uses, imposition of design standards and the
authority, in certain cases, to limit .uses otherwise
provided 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 orderly and necessary development while
being sensitive and responsive to the legitimate needs
and concerns of surrounding afid adjoining property
owners and residents.
~} Within any area designated as a multiple use area or an
activity center upon the Comprehensive Plan, site plan-
approval shall be required prior to final approval of
any rezoning, final development plan or special use
Ordinance.No. Page 2
Series of 1996 __ -
permit. The planning commission and the city council
shall review site plans which comply with the
requirements of section 26-6(E)(l) for a'Type I_site
plan, and shall review proposed uses within said areas
so as to determine that such uses as proposed, and
design criteria within such development as proposed,
are compatible with other uses made, and design
criteria utilized, within the neighborhood and the
surrounding area... Uses provided for in underlying zone
districts may be limited, modified or eliminated,
and/or additional design criteria 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 adequately appearing in the record
of a public hearing before either the city council or
the planning commission, that the uses limited, or the
design criteria modified, are incompatible with uses
made upon surrounding 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, final development plans, and special use
permits as specified herein; provided further, that
nothing contained herein shall. require submission of a
site plan prior to the development of sing],e-family
residential units in any area which carries a zoning
designation of R-1, R-lA, R-1B, R-1C or R-2.
(3) SPECIAL AREA RESTRICTION DISTRICTS: Special Area
Restriction (SAR) districts are intended to respond to
the specific needs and desires of a super-majority of
citizens within a described residential neighborhood
regarding zoning use and development regulations.
Under this process, two-thirds of the owners of land
within a specifically defined neighborhood may petition
the City to adopt more restrictive use and development
standards than those imposed by the underlying
residential zone districts. The additional
restrictions must be very specifically described and
could include, but not be limited to, recreation
vehicle parking, keeping of large animals, height of
buildings, building setbacks, etc.
Ordinance No. Page 3
- --
Series of.1996
Any neighborhood desiring to exercise Special Area
Restrictions must meet the following criteria and
follow procedures as described below.
a. Geographic Delineation: The land area proposed to be
included within the SPECIAL AREA RESTRICTION DISTRICT
must be described by boundaries which include entire
parcels or lots, which include a minimum of five (5)
parcel ownerships, which includes all resider_tially
zoned properties within the described area, and which
is comprised of a minimum of five acres for the SAR
district.
b. Petition Required: A'notarized petition requesting
formation of a SPECIAL AREA RESTRICTION Overlay
District specifying the intended special restrictions,
signed by two-thirds (2 /3) of the owners of land
contained within the proposed district, shall be
submitted to the City Clerk. Upon verification that a
two-thirds majority of owners are in favor of the
specific restriction or restrictions proposed, an
ordinance shall be presented to City Council for 1st
and 2nd reading and public hearing. All owners of land
within the proposed SAR district shall be notified of
the public hearing (2nd Reading) on the proposed
ordinance by certified mailing, and by notice published
in a newspaper or general circulation in the affected
neighborhood. City Council may approve the proposed
ordinance if Council finds compliance with this
subsection and provided that said restrictions are not
prohibited by the State or Federal Constitution. City
Council may deny the proposed ordinance for any reason
or for no reason.
c. Enforcement: Upon adoption of a SPECIAL AREA
RESTRICTION Overlay District ordinance, such
restrictions shall be enforceable as if said
restrictions were set forth in the Zoning Ordinance,
Chapter 26 of the Wheat Ridge Code of Laws. Amendment
or revocation of said restrictions shall require a
similar 2/3rds majority petition, and amendment or
revocation by ordinance in the same manner as said
restrictions were established.
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
Ordinance No. Page 4
Series of 1996 -
and welfare. The City Council further determines that the
ordinance bears a rational relationship to the property
legislative objective sought to be attained_
Section 3. Severability. If any clause, sentence, paragraph or
part of this ordinance or the application thereof to any person
or circumstances shall for any reason be adjudged by a court of
competent jurisdiction invalid, such judgment shall not affect--
application to other persons or circumstances.
Section 4. Inconsistent Ordinances. All-other ordinance or
portions thereof inconsistent or conflicting with this ordinance
or any portion hereof are hereby repealed to the extent of such
inconsistency or conflict.
Sect-ion 5. Effect of Repeal or Modification. The repeal or
modification of any provision of the Code of Laws of the City of
Wheat Ridge by this ordinance shall not release, extinguish,
alter, modify, or change in whole or in part any penalty,
forfeiture, or liability, either civil or criminal, which shall
have been incurred under such provision, and each provision shall
be treated and held as still remaining in force for the purposes
of sustaining any and all proper actions, suits, proceedings; and
prosecutions for the enforcement of the penalty, forfeiture, or
liability, as well as for the purpose of sustaining any judgment,
decree, or order which can or may be rendered, entered, or made
in such actions,.suits, proceedings, or prosecutions.
Section 6. _Effe_ctive-Date. 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..
SIGNED by the Mayor on this day of
1996.
Dan Wilde, MAYOR
Wanda-Sang, CITY CLERK
Ordinance No. __
Series of 1996
Page 5
APPROVED AS TO FORM BY CITY ATTORNEY
Gerald E. Dahl,-CITY ATTORNEY
1st Publication:
2nd Publication:
Wheat Ridge Sentinel
Effective Date:
c:\wp60\ord\overlay.ord
M E M O RAN D U M
TO: Bob Goebel, Director of Public Works
FROM: Glen Gidley, Director of Planning & Development
RE: Sight Distance Triangle Council Bill for 1st Reading
DATE: May 19, 1994
The attached Council Bill is ready for submittal to Council for
1st Reading and reflects what they agreed to by consensus at a
prior study session on this topic. I know that you have concerns
regarding the height allowance, as well as the method of
measurement.
Could you put your concerns and specific recommendations in the
form of a memo to accompany this Council Bill so that Council has
the opportunity to act upon that at 1st Reading. I probably
won't place it on an agenda until June 27 as both of us will miss
the June 13 ~eeting.
Thanks! ~
GEG:slw
attachment
INTRODUCED BY CQUNCILMEMBER
Council Bill No. -
Ordinance No.
Series of 1994
TITLE: AN ORDINANCE AMENDING THE CODE OF LAWS OF THE CITY OF
WHEAT RIDGE RELATING TO ALLOWED HEIGHTS OF FENCES,
DIVISIONAL WALLS, HEDGES OR OTHER OBSTRUCTIONS TO VIEW
WITHIN SIGHT DISTANCE TRIANGLES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OE WHEAT
RIDGE, COLORADO, AS FOLLOWS:
Section 1, Wheat Ridge Code of Laws, Chapter 26. Section 26-5,
Definitions,-Sight Distance Triangle, and is hereby amended as
follows:
Sight distance triangle. The .corner area within a coiner lot
that is adjacent to both right-of-way frontages, or the-area
where a driveway intersects a street, where it is required that
obstruction to view by BE minimized. ~ €e---, a'--~-~~-~' °" ~;
3 Y
S YLd_. L-.1 .. .., .. 1-..-...-. a.-.a L... i•-_ ~} .-a 1. _
~?
_ _______--_J ______ ___ _____ ________ _____... a. a YLV I~ ~ r~/uv
€~o:« ~ :~ ~~r~~~ =o : of st~eh let l}nes €ermleeal streets-ate
}€L L: .__. / CC \ L__} L-.-... 11._ _.L.. w......}:.-.1Zi1, J4 •a L a.// ~/r
eelleeter~r~rterisl streets. !TL_ _ ..L .., , _. Y ~~ -
S SCe+~ee t~e~ e€ ~~'~F1e58@~S 8:3d~ttbl}e S~£eet9 - .-.} }L _.~ }L..
a-d f' ~!-een ( ~) eet 9fte
l _T r
S _. ._._
..... ... v......-3 .....v -J - .. vv ~ t_ ______ .. __ _
-------- ---- ------ -- --- --------- ---- ., -_ j------^~ (See
Figure 26-31.1. and Sec.~26-30(I)(2))
Section 2. -Wheat Ridge_Code of Laws, Chapter 26. Section 26 Off-
Street Parking 31(C)(7) Sight Distance Triangle Requirements is
hereby amended as follows:
(7) Sight distance triangle requirements. F.or.ail uses ether -
no obstructions to view SHALL
BE PERMITTED WITHIN SIGHT DISTANCE TRIANGLES AS REGULATED BY $EC.
26-30(1)(2). t--}-.-,__ r_~}__ }-._ /n~,\ __L __ ...a-..:yL}Y r_..._.. (on)
,~..,_ .. ,. -...., __..~~-... -- -___-----__~-.. ,..t. -_~~, -____-,
s~~+~etares, er-~sr3eed ae33#eles,
R ~
Ordinance No. _ Page 2
Series of 1994
,1 ....a ~za., +.aavu _ _..
. L - L
Y
_ ... ate.,-_:-- _1 ~.__-.L~_i_- ~~_ _.. _ _ ..
li~F3E3~1<t~-r~i t r+~i- ri {
7 ~
Section 3. Wheat Ridge Code of Laws, Chapter 26. Section 26-
30(2)(2), Sight Distance Triangle Requirements is hereby amended
as follows:
(2) Sight distance triangle requirement:
(a) No fence, divisional wall, hedge or other obstruction to
view in excess of forty-two (42) 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 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 of 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 forty-two
(42) 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..
`~"~ ~ ~ '`-'- - - L(See Figure'26-
31.1.)
(b) NONCONFORMING OBSTRUCTIONS TO VIEW. "---'-'--'-=-- -
•=o:=c--~e~~~- Within a required sight distance triangle,
any legal nohconforming OBSTRUCTION TO VIEW MAY BE CONTINUED
PROVIDED THAT SUCH OBSTRUCTION IS NOT FOUND TO BE A PUBLIC
HAZARD AS DISCUSSED BELOW IN SUBSECTION (C).
e~i~-feriees, - ---' - - -
a .-0 LL d _ t' --- . ~ . --- - - For
more specific requirements regarding nonconforming
situations, see Section 26.7.
(C) PUBLIC HAZARDS. UPON COMPLAINT BY ANY CITIZEN OR PUBLIC
OFFICIAL THAT A REGULATED SIGHT, TRIANGLE POSES A PUBLIC
HAZARD BY THE EXISTENCE OF ANY LEGAL NONCONFORMING
OBSTRUCTION, AN ENFORCEMENT OFFICER SHALL INVESTIGATE AND,
AFTER CONFERRING WITH APPROPRIATE CITY DEPARTMENTS, MAKE A
,.
Ordinance No. Page 3
Series of 1994
DETERMINATION AS TO WHETHER SUCH SITUATION IS A PUBLIC
NUISANCE. IF THE ENFORCEMENT OFFICER DETERMINES THAT A
PUBLIC NUISANCE EXISTS, A NOTICE TO ABATE SUCH NUISANCE
SHALL BE ISSUED TO THE LAND OWNER. THE OWNER OR COMPLAINANT
HAS THE RIGHT TO APPEAL SUCH DETERMINATION TO THE BOARD OF
ADJUSTMENT, FOR A FINAL DETERMINATION AS TO WHETHER A PUBLIC
NUISANCE BY WAY OF PUBLIC HAZARD EXISTS. SUCH APPEAL MUST
BE REQUESTED IN WRITING, WITHIN FOURTEEN (14) DAYS OF THE
ENFORCEMENT OFFICER'S DETERMINATION OR NOTICE TO ABATE HAS
BEEN ISSUED. THE BOARD OF ADJUSTMENT SHALL HOLD A PUBLIC
HEARING FOLLOWING PROCEDURES SET FORTH FOR "INTERPRETATIONS"
AS PROVIDED UNDER SECTION 26-6(D). ABATEMENT OF ANY SUCH
DETERMINED NUISANCES SHALL BE IN ACCORDANCE WITH PROVISIONS
SET FORTH IN WHEAT RIDGE CODE OF LAWS SECTION 15-ARTICLE I.
Section 4. Severability. If any clause, sentence, paragraph, or
part°of this Zoning Code or the application thereof to any person
or circumstances shall for any reason be adjusted by a court of
competent jurisdiction invalid, such judgment shall not affect
application to other persons or circumstances.
Section 5. 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 6. 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 8. This ordinance shall take effect days after
final publication. --
INTRODUCED, READ, AND ADOPTED on first reading by a vote o£
to on this day of 1994, ordered published
in full in a newspaper of geheral circulation in the City of
Wheat Ridge and Public Hearing and consideration on final passage
set for 1994, 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 ,
1994..
Ordinance No_ Page 4
Series o£ 1994
SIGNED by the Mayor on this day o£ 1994._
DAN WILDE, MAYOR
Wanda Sang, City Clerk
APPROVED AS TO FORM BY CITY ATTORNEY
KATHRYN SCHROEDER, CITY ATTORNEY
lst Publication:
2nd Publication:
Wheat Ridge Sentinel
E££ective Date:
<pc>ordsitedis
;ED BY COUNCILMEMBER _
Council Bill No.
Ordinance No.
Series of 1993
TITLE: AN ORDINANCE AMENDING THE CODES OF THE CODE OF LAWS OF
THE CITY OF WHEAT RIDGE RELATING TO ALLOWED HEIGHTS OF
FENCES, DIVISIONAL WALLS, HEDGES OR OTHER OBSTRUCTIONS TO
VIEW WITHIN SIGHT DISTANCE TRIANGLES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO, AS FOLLOWS:
Section 1-._ Wheat Ridge Code-of Laws, Chapter 26. Section 26-5,
Definitions, Sight Distance Triangle, and is hereby amended as
follows:
Sight distance triangle. The corner area within a corner lot
that is adjacent to both right-of-way frontages, or the area
where a driveway intersects a street, where it is required that
obstruction to view by be minimized. ~i €e~~~.; ~'"'"''
hedge or other obstruction to view in excess of
thirty-six (36) inches high, except for permitted lan ping,
signs, or public utility poles shall be establis or maintained
on a corner lot within a triangular area bo d by the lot lines
and a line connecting points on each 1 ine either twenty-five
(25) feet from the intersection o ch lot lines for local
streets, or fifty-five (55) from the intersection of such
lot-lines for collector arterial streets. The same shall
apply to the inter ion of driveways and public street, except
that the sig istance triangle may be reduced to fifteen (15)
feet. _
( See Figure 26-31.1. ~ ~jp(p SEG. y(,-30(s) (Z)~
Section 2. Wheat Ridge Code of .Laws, Chapter 26. Section 26-
31(C)(7) Sight Distance Triangle Requirements is hereby amended
as follows:
(7) Sight distance triangle requirements. For all uses et~ier
z 3, no obstructions to view
Rio=~ ninety-six (96) inches in vertical height,
including but not limited to, fences and walls, ges or
other landscaping, berms, signs or other st ures, or
parked vehicles, -shall be permitted w triangular areas
measured fifteen (15) feet into property from the right-
of-way line and fifteen (15 et either side of the curb
cut or driveway. For uses, on corner lots, no
obstruction to vie etween thirty-six (36) inches and
ninety-six (96) inches as described above
shall be rmitted within the triangle measured £rom the
poi of intersection of the lot lines abutting the streets
su,aL~ ~E PE+eMrTt~D W1t~iN srb~r D~STg~ ~TR~,ok~s
~}S REl9UL~#T~ 8y sEC. ZG-3o CI)C2) .
Ordinance No.
Series of 1993
Page 2
streets. The thirty-six (36) inc
~•-~- ninety-six (96) inch vertical ce for
driveways shall be measured fro center of the driveway
or curb cut at the ri ay line, and for street corners
from top of cu if no curb exists, from edge of
paveme a following drawing illustrates the minimum
Section 3. wheat_Ridge Code of Laws, Chapter_26. Section 26-
32(C)(3) ~'~+ ^=^+~^^°-m"' ~ Requirement is hereby amended as
follows: ~-AKDSLQ~ j~/e~
(3) On corner lots, within the regulated sight distance
triangle, the growth of any plantings or the erection of any
landscape structure or berm over __=_~ _.._ ;"_",-; thirty-six
(36) inches above the level of the-roadway or street-ar 15
regulated by section 26-30(I) of this_Zoning Ordinance.
Section 4. Wheat Ridge Code of Laws, Chapter 26. Section 26-
30(I)(2), /~ Requirements is hereby amended as
follows: 5lGHT ylSTS7~NCE. TiC/.4N(at.,E
(2) Sight distance triangle requirement:
(a) No fence, divisional .wall, hedge or other obstruction
to view in excess of ..__s t:-= `"_^-' 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 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 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. t__; , __ a.__, , ._ -- _L _, , L_
-+ (See Figure 26-
31.1.)
Section 5. 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.
Ordinance No.
Series o£ 1993
Page 3
Section 6. 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 #or 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 7. 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 o£ Laws of the City of Wheat Ridge, which
are in existence as of the date of adoption o£ this Ordinance,
the provisions, requirements and standards herein shall supersede
and prevail.
Section 8. 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 1993, 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 1993, at 7:30 o'clock p.m., in
the Council Chambers, 7500 West 29th Avenue, Wheat Ridge,
Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading
by a vote of to this day of ,
1993.
SIGNED by the Mayor on this day of 1993.
RAY J. WINGER, MAYOR
Wanda Sang, City Clerk
1st Publication: -
2nd Publication:
Wheat Ridge Sentinel
Effective Date:
APPROVED AS TO FORM BY CITY ATTORNEY
JOHN HAYES, CITY ATTORNEY
<pc>ordsitedis
~^ .. .
ARTICLE X[
' STOPPING, STANDING OR PARKING REGULATIONS
_
' ' : ~ ~ (NO SIGNS REQUIRED EXCEPT AS NOTED)
C
R
S Sec. L1-1. Stopping standing or parking prohibited in speci-2
.
.
.
42-k-504(2) fled~a~. - (al ~o person sFi stop, Stan or paz a veiucie except
to avoid conflict with other traffic or in compliance
42-4-1104* w ern necessary
with directions of a police officer or official traffic control device, in
any of the following places:
(1) On a sidewalk;
(2) Within anintersection;
(3) On a crosswalk;
(4) Between a safety zone and the adjacent curb or within thirty
feet of points on the curb immediately opposite the ends of a safety
zone, unless the traffic authority indicates a different length by signs
or markings;
(5) Alongside or opposite any street excavation or obstruction.
when stopping, standing, or parking would obstruct traffic;
(6) On the roadway side of any vehicle stopped or parked at the
edge or curb of a street;
(7) Upon any bridge or other elevated structure upon a highway
or within a highway tunnel;
(8) On any railroad tracks;
(9) On any controlled-access highway;
(10) In the area between roadways of a divided highway,
including eossovers;
(11) At any other place where official signs prohibit stopping.
)
f
(
i
%' ~.- a
o
on
(b) Tn addition to the restrictions specified m subsect
this section, no person shall stand or park a vehicle, except when
~ necessazy to avoid conflict with other traffic or in compliance with
i
i the directions of a police officer or official traffic control device, in
any of the following placer.
(1) Within five feet of a public or private driveway;
` (2) Within fifteen feet of. a fire hydrant;
I
oy ~ (3) Within twenty feet of a crosswalk at an intersection;
(4) Withip thirty feet upon the approach to any flashing beacon
_~
~. _>
or signal, stop sign, yield sign, or traffic control signal located at the
side of a roadway;
(5) Within twenty feet of the driveway entrance to any fire
' station or, on the side of a street opposite the entrance to any fire
station, within seventy-five feet of said entrance when properly
signposted;
(6) At any other place where official signs prohibit standing.
(ca. In addition to the restrictions specified in subsections (a) and
(b) of this section, no person shaLL pazk a vehicle, except when
void conflict with other traffic or in compliance with
necessazy to a
the directions of a police officer or official traffic control device, in
any of the following places:
(1) W[thin fifty feet of the nearest rail of a railroad crossing;
(2) At any other place where official signs prohibit pazking.
(SECTION REVISED, 1977)
C
R.S. Sec. 11-2. Pazking for certain purposes prohibited. - No
.
42-4-109(lxa) person s~ia pazk a ve ~ e upon a roa way or the prmctpat purpose
N.M.T.O.
14-4 of:
(1) Displaying such vehicle for sale,
(2) Washing, greasing, painting, ar repairing such vehicle except
repairs necessitated by an emergency;
1977)
(SECTION RENUMBERED
,
(3) Displaying advertising.
R.S.
C Sec 11-3. Stopping, standing or parking on highway. - No
.
42-4-1102• persons stop, stan~r paz a ve eon any ignway ra~~~p or on
of the main-traveled way of such highway.
i
on
any other port
(SECTION RENUMBERED, 1977)
•As amended
MEMORANDUM
Approved Date
TO: Glen Gidley, Director of Planning & Development
FROM: Bob Goebel, Director of Public Works
DATE: June 1, 1994
BIIBJECT: Sight Distance Triangle Council Bill for 1st Reading
Public Works Department is seeking changes related to the height
requirement in the sight distance triangle. Currently, the City code is
allowing objects such as fence, wall, or hedge inside the sight triangle
up to a height of forty-two (42) inches. This height is a problem for
low profile vehicles such as passenger cars which are the majority out
on the roadway. Per national standard on roadway design (AASHTO),
driver eye height is about 42 inches. As a result, the motorist
approaching the intersection would have a problem sighting oncoming
traffic if the objects in the triangle are at equal height with the
driver eye height. Thus, the height of the object should be lower than
the driver eye height in order to see the oncoming cars. The following
is the recommended changes to the City's current Code.
Sight Distance Requirement:
Within the area of the triangle, there must be no partly obscuring wall,
hedge, fence, sign, foliage, or other obstruction to view higher than 30
inches above the curb grade or 36 inches from the edge of pavement or,
in the case of trees, foliage lower than 8 feet. Vertical measurement
must be made from the flowlines of two streets forming the triangle, or if
no gutter exists, from the edge of pavement. Objects that may be
located in the triangular area such as hydrants, utility poles, utility
junction boxes, and traffic control devices must be located to minimize
visual obstruction. For rounded property corners, the triangular area
must be between the property lines extended and a diagonal line joining
the points on the property lines. 25 for local and 55 feet for
collector and arterial from the point of their intersection.
This height guidance has been paraphrased from the Lakewood ordinance.
However, Lakewood's height restriction is 24 inches rather than the 36
inches we are proposing. Their triangle is 55'-55' regardless of the
street classification.
As far _as nonconformity is concerned, your idea of allowing
nonconformity until there is a complaint is a good one and should be
made as part of the ordinance.
MEMORANDUM
TO:
n.
~'`~ ~I FROM
J ,
Janelle Shaver, Council Member
Glen Gidley, Director of Planning & Development
RE: Driveway Sight Distance Issue
DATE: January 17, 1996 __
In regards to our telephone conversation -on Monday, January
15 ,- relative to Mr. Salzman's concern about his neighbor's RV
blocking his view from his driveway, it would be best to provide
you with some history on this topic. This matter originally was
brought to the City's attention by Mr. Salzman in late 1992. After
discussions with the Planning Commission, it was determined that
the best approach was to revise the "Sight Distance Triangle
Regulations".
Staff prepared revisions and Planning Commission held a public
hearing on those revisions recommending them to City Council.--
Council went through a very long (March of 93 through December of
1993) process of study sessions, but never came to a conclusion on
the matter. It just died due to lack of Council attention.
Early this fall, trying to respond in a different way, staff
prepared the new proposed Special Area Restrictions-Overlay Zone.
That proposal will go to Planning Commission for public hearing
February 1st, then will come to Council later in February.
For your information I have included the five different
submittals to Council relating to Sight Triangle Regulations and
the new proposed Special Ares Restriction-Over-lay Zone Ordinance.
If you have any questions, please feel free to call me.