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HomeMy WebLinkAboutZOA-03-08INTRODUCED BY COUNCIL MEMBER DiTulliO Council Bill No. 26-2003 Ordinance No. 1298 Series of 2003 TITLE: AN ORDINANCE AMENDING SECTION 26-115 VARIANCES/WAIVERS/TEMPORARY PERMITS/INTERPRETATIONS OF THE WHEAT RIDGE CODE OF LAWS TO ADDRESS TEMPORARY NONOPERATIVE VEHICLE PERMITS WHEREAS, the City Council is concerned about the physical appearance of the residential zone districts in the City of Wheat Ridge; and WHEREAS, Ordinance 1271 was approved by City Council on December 9, 2002, limiting the number of nonoperative vehicles stored outside on a residentially-zoned property to one; and WHEREAS, Ordinance 1271 specifies that the Board of Adjustment may grant a temporary nonoperative vehicle permit to allow the outside storage of more than one such vehicle on a residentially-zoned property; and WHEREAS, the City of Wheat Ridge has adopted regulations pertaining to procedures for variances, waivers, temporary permits and interpretations, and, WHEREAS, the existing Code of Laws does not recognize this new category of temporary permits, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Section 26-115 Variances/Waivers/Temporary Permits/ Interpretations of the Zoning and Development Code is hereby modified with addition of the following language: Section D Temporary permit for uses, buildings and; signs and nonoperative vehicles 5. Temporary Nonoperative Vehicle Permits. a. The board of adjustment is empowered to hold public hearings to decide upon requests for temporary permits for nonoperative vehicles. b "Nonoperative" as applied to this ordinance shall be defined consistent with the definition provided in Section 15-4 of the Nuisance Code. c. The board may approve a temporary permit for no longer than one year per application. provided that ne other tempowy e peFmits ha~ve been issued within the past ye . Each and every vehicle proposed for restoration shall be considered a separate application. A single extension for up to one year for each vehicle may be granted by the Board of Adjustment through a public hearing process. Extension requests for each vehicle will require a separate application for each vehicle. No renewals beyond the one-year extension or new permit, for the same prepefty will be allowed. d. In addition to the application requirements listed in Section 26-115.B., the applicant shall provide the following additional information. I . VIN number for each the vehicle being restored. 2. Anticipated time for restoration. 3 Site plan showing location of vehicle storage, type of parking surface, method of screening. e. When hearing and deciding requests for temporary nonoperative vehicle permits, the board of adjustment shall base its decision in consideration of the following findings of fact. FINDINGS OF FACT: The proposed temporary nonoperative vehicle permit: 1 Will not alter the character of the locality; and 2 Will not contribute to blight in the neighborhood, and 3 Will be adequately screened from adjacent properties and public streets, and 4 Will not create environmental hazards (use of paint, body work, welding, ground contamination) The board of adjustment may also take into consideration the history of compliance, or of zoning violations by the applicant and any other factors relevant to the specific application. f. The Board of Adjustment may impose conditions to ensure compliance with the criteria for review These conditions may include, among others, length of permit, and limitations on scope of restoration (i e. type of work - no body work or painting). Violations of the conditions imposed shall be grounds for revocation of the temporary nonoperative vehicle permit. g. A any temporary nonoperative vehicle permit shall not be transferable or assignable to any other landowner, tenant, lessee or occupant. h. The approval of a temporary nonoperative vehicle permit shall not be construed to mean that restoration of such vehicle is an allowed home occupation pursuant to Section 26-613 of the zoning and development code. Section 2. Safety Clause. The City of Wheat Ridge 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 rations relation to the proper legislative object sought to be attained. Section 3. 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 4. Supersession Clause. If any provision, requirements 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 here shall supersede and prevail. Section 5. This ordinance shall take effect upon adoption, as permitted by the Charter INTRODUCED, READ, AND ADOPTED on first reading by a vote of _7 to 0 in this 9th day of June , 2003, 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 r. I, 14 , 2003, at 7.00 o'clock p.m., in the Council Chambers, 7500 West 29tfi Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 7 to I_ this 14th day of rnty ,2003. SIGNED by the Mayor on this 16th day of July , 2003. ATTEST- Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERAL DAHL, CITY ATTORNEY OT publication. June 19, 2003 2"d publication: July 24, 2003 Wheat Ridge Transcript Effective Date July 14, 2003 CITY COUNCIL MINUTES: July 14, 2003 APPROVAL OF AGENDA Page -2- Motion by Mr. DiTullio to change the Agenda that Item 8. A. would be appointment to the Board of Adjustment; 8. B. would be appointments to the Wheat Ridge Foundation Board; 8. C. would be Resolution rescinding and replacing Resolution 1633, Series 1997, authorizing appointment of Deputy City Treasurers; seconded by Mr. Schneider; carried 8-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. COUNCIL BILL 26-2003 - AN ORDINANCE AMENDING SECTION 26- 115 VARIANCES/WAIVERS/TEMPORARY PERMITS/INTERPRETATIONS OF THE WHEAT RIDGE CODE OF LAWS TO ADDRESS TEMPORARY NONOPERATIVE VEHICLE PERMITS. (CASE NO. ZOA-03-08) Council Bill 26-2003 was introduced on second reading by Mr. DiTullio; Clerk read summary and assigned Ordinance No. 1298. Alan White, Director of Community Development, presented the staff report and answered questions. Don Peterson, 9945 West 34th Drive, hoped that the permit would be restricted to one vehicle per time. Motion by Mr. DiTullio to approve Council Bill 26-2003 (Ordinance 1298), Case No. ZOA-03-08, on second reading and that it take effect immediately upon adoption; seconded by Mr. Schneider. Motion by Mr. Schneider for an amendment under Section D. 5. c. to read: The board may approve a temporary permit for no longer than one year per application. Each and every vehicle proposed for restoration shall be considered a separate application. A single extension for up to one year for each vehicle may be granted by the Board of Adjustment through a public hearing process. Extension requests for each vehicle will require a separate application for each vehicle. No renewals beyond the one-year extension will be allowed. Seconded by Mr. DTullio; carried 7-1 with Mr. Gokey voting no. Mr. Gokey does not feel this is well written and does not address the problem. We are creating more ordinances we can't enforce. Original Motion as amended carried 7-1 with Mr. Gokey voting no. o WREgT ITEM NO: Ro U m REQUEST FOR CITY COUNCIL ACTION ~O(ORA00 COUNCIL MEETING DATE: July 14, 2003 TITLE: AN ORDINANCE AMENDING SECTION 26-115 VARIANCES/WAIVERS/TEMPORARY PERMITSANTERPRETATIONS OF THE WHEAT RIDGE CODE OF LAWS TO ADDRESS TEMPORARY NONOPERATIVE VEHICLE PERMITS (CASE NO. ZOA-03-08) ® PUBLIC HEARING ❑ ORDINANCES FOR IST READING (Date: June 9, 2003) ❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING ❑ RESOLUTIONS Quasi-Judicial: ❑ Yes No Community Development Director EXECUTIVE SUMMARY: City Manager On December 9, 2002, City Council approved Ordinance 1271. The new legislation deals primarily with the storage of recreational vehicles on residential property. However, section 3 of the ordinance establishes a limitation of one nonoperative vehicle stored outside on residentially zoned properties. Relief from that provision is assigned to the Board of Adjustment through a public hearing process. Pursuant to Section 26-115.D. of the Wheat Ridge Code of Laws, the Board of Adjustment has the ability to grant temporary permits for uses, signs and buildings for up to one year. Nonoperative vehicle storage is not addressed. There were minor modifications made to the version reviewed by Planning Commission subsequent to input from the city attorney. These changes were minor in nature, and did not affect content. The proposed council bill requires specific information regarding the nonoperative vehicle(s) being considered. Findings of fact are required for approval related to impact to the neighborhood and environment. Conditions can be attached to any approval ensuring compliance with the criteria for review. Staff received input from the Board of Adjustment regarding the proposed legislation at their April 24, 2003, meeting. Planning Commission reviewed this proposed amendment at a public hearing held on May 15, 2003. COMMISSION/BOARD RECOMMENDATION: At their April 24, 2003, meeting, the Board of Adjustment requested that the intent of the ordinance be expanded (the "whereas's" ) and that a one time extension for up to one year be added. Planning Commission reviewed this case at a public hearing held on May 15, 2003. A recommendation of approval was made with one condition: Active restoration as defined in Section 3, subsection k (of ordinance No. 1271), shall include "parts" cars being used for other vehicles that are under restoration. STATEMENT OF THE ISSUES: Staff concurs that when a car is undergoing active restoration, the owner may have an additional vehicle that he is taking parts off of for use on the vehicle being restored. If City Council believes use of a "parts" car should qualify as a vehicle under active restoration, it should be clarified in this ordinance. At the first reading in front of City Council, modifications were made to Section c. specifying that only one nonoperative vehicle is allowed per property with one extension. No new temporary permits will be allowed if restoration of the original permitted vehicle is not completed. The modifications are included in the revised council bill in bold typeface. ALTERNATIVES CONSIDERED: N/A FINANCIAL IMPACT: There will be no financial impact as a result of the new legislation. RECOMMENDED MOTION: "I move to approve Council Bill No. 26-2003, Case No. ZOA-03-08, an ordinance amending Section 26-115 Variances/Waivers/Temporary Permits/Interpretations of the Wheat Ridge Code of Laws to address temporary nonoperative vehicle permits on second reading, and that it take effect 15 days after adoption." Or, "I move to table indefinitely Council Bill No. 26-2003, Case No. ZOA-03-08, an ordinance amending Section 26-115 Variances/Waivers/Temporary Permits/Interpretations of the Wheat Ridge Code of Laws to address temporary nonoperative vehicle permits, on second reading with the following findings: 1. 2." Initiated by: Community Development Department Report Prepared by: Meredith Reckert (303) 235-2848 Reviewed by: Alan White (303) 235-2844 Attachments: 1. Planning Commission report 2. Revised Council Bill No. 26-2003 wa0308cclst City of Wheat Ridge of WHEgT~ Community Development Department Memorandum C~<ORP~~ TO: Planning Commission FROM: P14eredith Reckert SUBJECT: Case NO. ZOA-03-08 DATE: May 8, 2003 On December 9, 2002, City Council approved Ordinance 1271. The new legislation deals primarily with the storage of recreational vehicles on residential property. However, section 3 of the ordinance establishes a limitation of one nonoperative vehicle stored outside on residentially zoned properties. Relief from that provision is assigned to the Board of Adjustment through a public hearing process. See Exhibit 1, which is a copy of Ordinance 1271. Pursuant to Section 26-115.D. of the Wheat Ridge Code of Laws (Exhibit 2), the Board of Adjustment has the ability to grant temporary permits for uses, signs and buildings for up to one year. Exhibit 3 is staff s recommended language in ordinance form for the Board of Adjustment's new scope of responsibility. This language will be incorporated into Section 26-115. D. as new section 5. In addition to the standard submittal requirements for a temporary permit, Staff is requiring specific information regarding the nonoperative vehicle(s) being considered. Findings of fact are required for approval related to impact to the neighborhood and environment. Conditions of approval can be attached to any approval ensuring compliance with the criteria for review. The Board of Adjustment reviewed staff s recommended language at their April 24, 2003, meeting. They requested that the intent of the ordinance be expanded (the "whereas's" ) and that a one time, extension for up to one year be added. RECOMMENDED MOTION: "I move that Case No. ZOA-08-03, a proposed amendment to Section 26-115 Variances/Waivers/Temporary Permits/Interpretations of the Wheat Ridge Code of Laws, be forwarded to City Council with a recommendation of APPROVAL for the following reasons: 1. The proposed legislation establishes a process for relief of the limitation of one nonoperative vehicle stored outside on a residentially zoned property. 2. The Board of Adjustment has reviewed the proposed language and recommended changes have been incorporated into it." ATTACHMENT I INTRODUCED BY COUNCIL MEMBER FTGLIIS Council Bill No. 36-2002 Ordinance No. 1271 Series of 2002 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS PERTAINING TO PARKING AND STORAGE OF VEHICLES IN RESIDENTIAL AREAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Section 26-123 of the Wheat Ridge Code of Laws is hereby amended as follows: Recreational vehicle. A vehicle, such as a recreational trailer, tent camper trailer, pickup truck shell, truck camper, travel trailer, motor home or other vehicle with or without motive power, designed and/or constructed to travel or to attach to a motorized vehicle for the purpose of travel on the public thoroughfare and originally intended and designed for human habitation. :P ' ll ' ' a hi ' a ' ' Recreational vehicle, personal. A vehicle, with or without motive power, used in recreational pursuits designed for use by one or two persons, including such vehicles as snowmobiles, all-terrain vehicles, personal water craft, boats, off-road motorcycles, and other similar motorized or non-motorized devices. Trailer. Any wheeled vehicle, without motive power, which is designed to be used in conjunction with a motor vehicle other than , a truck-tractor so that some part of its own weight and that of its cargo load rests upon or is carried by the motor vehicle. The term includes but is not limited to cargo trailers, flatbed trailers, utility trailers, and horse trailers. Section 2. Section 26-621 of the Wheat Ridge Code of Laws is hereby repealed and reenacted to read in its entirety as follows: Sec. 26-621 Residential parking. A. In residential zone districts, the parking of trucks, vans, buses or licensed trailers which are used for commercial purposes, whether the commercial enterprise is conducted from the home or conducted elsewhere, is prohibited except as permitted by this section. An occupant of a dwelling may park, or allow the parking of, no more than one (1) truck or van which is used for commercial purposes upon the premises or confined to the street frontage of the lot in question; provided, however, _EXHIBIT _ GFn\5302T425590.01 I that such vehicle does not exceed a one-ton chassis. Parking of trailers which are used for. commercial purposes is prohibited on any public right-of-way. B. In residential zone districts, a maximum of two (2) of any the following vehicles may be parked outside only upon property owned or occupied by the vehicle owner: * Recreational Vehicle * Trailer, with or without storage thereon of any number of personal recreational vehicles In the case of multifamily residential properties, no such vehicle may occupy any parking space required to meet the minimum vehicular parking standard of this Code for multifamily residential land uses. Such vehicles or trailers must be parked six (6) feet or more inside cae front property line. Where it is difficult to determine the public right-of-way boundary due to lack of curb, gutter and/or sidewalk, or survey markers, such boundaries shall be presumed to be ten (10) feet from the edge of pavement or back of curb. Where a sidewalk exists, such boundaries shall be presumed to be two (2) feet from the outside edge of sidewalk. For the purposes of this subsection, permanent or temporary carports, frame covered structures, tents, cloth, plastic or fabric covers, or other temporary structures shall not be used to store or conceal recreational vehicles or trailers in addition to or in excess of the maximum number permitted hereby. C. In residential zone districts, parking of detached trailers and recreation vehicles is prohibited in public rights-of-way; provided, however, one (1) recreational vehicle or one (1) trailer may be parked within public rights-of-way for a period up to seventy-two (72) hours, provided it is attached to the towing vehicle. Moving the towing vehicle and/or the trailer to another location in the right-of-way does not extend or re-startthe 72 hour period. D. In residential zone districts, where it is desired to maintain such a restricted vehicle either within six (6) feet of a public street on private property or within a lawful parking area on a public street abutting the front of the property in excess of seventy-two (72) hours, the property owner may obtain a temporary parking permit from the planning and development department. Such temporary parking permit shall be for a time period not to exceed fourteen (14) days and no more than one (1) such permit shall be issued each six (6) months for the same vehicle. The issuance of a temporary permit is for the purpose of parking only and not for any other activity. The permit must be placed upon the inside windshield or side window on the driver's side so as to be visible for inspection. E. Pickup truck-mounted campers and pickup truck shells, when mounted upon pickup trucks, are not subject to these parking restrictions except that such camper shall not be used for permanent or temporary living quarters. Nothing in this section will be construed to restrict or limit parking of any vehicle so described upon private GEM53027425590.01 -2- Property so long as said vehicle is parked in accordance with the limitations of this section and provided that sight distance triangle requirements of section 26-603 are met. F. Areas which are used to store or park allowed recreational vehicles or trailers shall be of an improved surface consisting of concrete, asphalt, brick pavers, gravel at least six (6) inches in depth, or similar materials. If gravel is used, the parking or storage area must be built with the use of concrete curbs, railroad ties, landscape timbers, or similar materials such that the material used for surfacing stays contained within the storage or parking area. Section 3. Section 15- 25 of the Wheat Ridge Code of Laws is amended by the addition of a new subsection (k) to read: (k) In residential zone districts, one (A) vehicle in non-operative condition as defined in Section 15-4 may be stored outside upon property owned by the vehicle owner, provided such vehicles are parked six (6) feet or more inside the front property line under the same conditions as set forth in Section 26-621.B. Such vehicle shall be completely covered with a standard vehicle cover designed and manufactured for the purpose of covering a vehicle. Such cover shall be of a single earth tone or neutral color and shall be maintained in good condition free from holes, rips, tears, or other damage. Tarps, plastic sheets, or any other type of material not specifically designed and manufactured to cover a vehicle shall not be used to cover a non-operative vehicle. For the purposes of this subsection, permanent or temporary carports, frame covered structures, tents, or other temporary structures shall not be used to store or conceal non-operative vehicles in addition to or in excess of the maximum number permitted hereby. Any property owner may apply to the Board of Adjustment for a variance from the limitation of one (1) non-operative vehicle imposed by this subsection, for the purpose of outside storage of additional non-operative vehicles which are undergoing active restoration. Such application shall be made in the manner required by Section 2-61 and 26-115 and shall be evaluated and decided upon by the Board of Adjustment in the manner required by Section 2-53(d) and 26-115. Additional vehicles permitted by action of the Board shall be located, screened or covered as directed by the Board by conditions of approval of any such variance. Section 4. Ordinance No. 1265, Series 2002, is hereby repealed. 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 5. Severabilitv If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a GED\53027\425590.01 -3- court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 6. This ordinance shall take effect 15 days after final publication, as provided by the Charter. Section 7. Suppression Clause. If any provision, requirement, or standard established by this Ordinance is found to be in conflict with similar provisions, requirements, or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, including without limitation, Sec. 1203 (3)(d) of the Model Traffic Code, 1995 edition, as amended by Code of Laws Sec. 13- 2(b)(6), which are in existence as of the date of adoption of this Ordinance, the provisions, requirements, and standards herein shall supersede and prevail. INTRODUCED, READ, AND ADOP Y ED on first reading by a vote of 6 to 2 on this 18th day of November, 2002, 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 December 9, 2002, 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 6 to 1 , this 9th day of December 2002 SIGNED by the Mayor on this 10th day of December 2002 ATTEST: Wanda Sang, City C APP AS TO FORM BY Y ATTO EY jx~ 1 GERALD DAHL, CITY ATTORNEY 1St Publication: November 28, 2002 2nd Publication: December 12, 2002 Wheat Ridge Transcript Effective Date: December 27, 2002 GED\53027\425590.01 -4- ZONING AND DEVELOPMENT § 26-115 use permit. The council shall have the power, upon good cause being shown, to cancel or revoke the previously issued special use permit, to require certain corrective measures to be taken, and/or to direct the city's agents to enter upon the premises and take corrective measures required by the city council, and to modify the conditions which apply to the special use permit. H. Term. 1. A special use permit is valid so long as the conditions of approval are maintained by the applicant, unless a specific time limit for the use or development is set forth as part of the permit approval. If an approved special use ceases operation for any reason for a period of one (1) year, the special use permit shall be deemed expired, unless otherwise provided in the permit itself. 2. If the conditions of a special use permit become the responsibility of a person or entity other than the applicant, the planning and development department shall be notified in writing, identifying the new person or entity responsible for maintaining the conditions of the permit. Until such notice is received, the applicant shall remain responsible for maintaining those conditions. The notice shall be attached to the permit on file with the planning and development department. I. Nonconforming special uses. Notwithstanding the provisions of section 26-120, any special use which is nonconforming to the provisions of this section by way of not having received approval of a special use permit under prior rules and procedures shall be allowed to continue. Any expansion, addition, or site modification shall require a special use review. All other provisions of section 26-120 shall apply. (Ord. No. 2001-1215, § 1, 2-26-01) Sec. 26-115. Variance/waivers/temporary permitslinterpretations. A. Purpose. Where it is desired to gain relief from the strict application of any provision of this chapter or to seek an interpretation of the provisions or associated official maps, appeal to the appropriate authority as described below shall be made in accordance with the requirements relating to the specific type of appeal. Where a public hearing is required, notification shall occur by newspaper publication, posting, and certified letter as prescribed in section 26-109. B. Application requirements. All requests for a variance, waiver, temporary permit or interpretation, as described herein, shall be made by the filing of an application, together with the required fee and supporting documentation. 1. Where a request covered within this subsection is made a part of another administrative process, then both fees shall be imposed. 2. Documentation required: a. Copy of the deed for the property. b. Power of attorney if the applicant is not the owner of the property. C. Property survey if the request involves relationship of structure(s) to lot lines or lot area. d. Posting certification (to be submitted at the hearing to the clerk). e. Other information which the applicant, the director of planning and development or the hearing authority determines is necessary in order to adequately evaluate the application. C. Variances and waivers: 1. Minor variances or waivers (ten (10) percent or less): The director of planning and development is empowered to decide upon applications for minor variances or waivers from the strict application of any of the "development standards" pertaining to zone districts in article Hof this Supp. No. 29 EXHIBIT 2 § 26-115 WHEAT RIDGE CITY CODE chapter, which apply throughout the various zone district regulations and in other situations which may be specifically authorized in the various sections, without requirement of a public hearing, under the following conditions: a. The variance or waiver does not exceed ten (10) percent of the minimum or maximum standard; and b. The director of planning and development finds that the "findings of fact," as set forth in subsection (c)(3) hereof, are substantially complied with and support the request; and c. The director of planning and development has notified adjacent property owners by letter notice and posting of the site at least ten (10) days prior to rendering his decision, and that no protests have been received during such ten-day period, d. That no additional dwelling units would result from approval of such variance or waiver. e. That the limitations of Charter section 5.10.1 are not exceeded 2. Variances and waivers of more than ten (10) percent: The board of adjustment is empowered to hold public hearings to hear and decide only upon appeals for variances and waivers from the strict application of the development standards pertaining to zone districts in article II. Where a variance or waiver is made a part of another administrative process, such as a change of zone, subdivision or a formal site plan or development plan review which requires a public hearing before the planning commission and/or city council, then the planning commission and/or city council shall be empowered to decide upon such variance or waiver request concurrent with such other process; however, in deciding such variance or waiver the planning commission and/or city council shall be subject to the voting ratio as applies to the board of adjustment, set forth in Wheat Ridge Code of Laws section 2-61. In no instance shall the board of adjustment hear or grant a variance as to use or as to an activity or development which is prohibited by this chapter or by section 5.10.1 of the Charter. 3. Review criteria and findings of fact: The board of adjustment, planning commission or city council shall base its decision in consideration of the extent to which the following facts, favorable to the applicant, have been established by the evidence: a. Can the property in question yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by regulation for the district in which it is located? b. If the variance were granted, would it alter the essential character of the locality? C. Does the particular physical surrounding, shape or topographical condition of the specific property involved result in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out? d. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? e. Would the granting of the variance be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located, by, among other things, impairing the adequate supply of light and air to adjacent property, substantially increasing the congestion in public streets or increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values within the neighborhood? J Supp. No. 29 1696 ZONING AND DEVELOPMENT § 26-115 f If criteria a. through e. are found, then, would the granting of the variance result in a benefit or contribution to the neighborhood or the community, as distinguished from an individual benefit on the part of the applicant, or would granting of the variance result in a reasonable accommodation of a person with disabilities? 4. Expiration: Any variance granted by the board of adjustment or director of planning and development shall automatically expire within one hundred eighty (180) days of the date it was granted, or within such other time as the board of adjustment or director of planning and development may prescribe, unless a building permit for the variance is obtained within such period of time. If the building permit expires, the variance shall expire at the same time. Extensions of time may be granted for good cause shown, but only if an application for the extension is made prior to the expiration of the variance. D. Temporary permit for uses, buildings and signs: 1. General. Temporary permits for uses, buildings and signs may be permitted subject to the following restrictions: a. No application will be accepted for a temporary use, building or sign which has previously been denied by planning commission or city council. b. The temporary use, building or sign shall be consistent with the character and intent of the zone district in which the use, building or sign is proposed and shall otherwise meet all development regulations for that zone district. C. The approval of any temporary use, building or sign shall not be transferable or assignable to any other landowner, tenant, lessee or occupant. 2. One-month temporary permit: The director of planning and development is empowered to decide upon applications for temporary buildings, uses or signs which would not otherwise be permitted in a particular district, without requirement of a public hearing, under the following conditions: a. The duration of the building, use or sign shall not exceed one (1) month; b. No other temporary permit has been issued within the previous one (1) year for the same or similar building, use or sign on the same premises; C. The director of planning and development shall determine that the "findings of fact," as set forth below are substantially complied with; d. The director of planning and development has notified adjacent property owners in a form and manner as required for minor variances and waivers as set forth in section 26-109, and has received no objections; and e. The owner or owner's agent approves in writing of the proposed temporary building, use or sign. If all of the conditions above are met, the director of planning and development may issue a one-month temporary permit; however, if they are not met, the director must deny the permit. The applicant may appeal a denial to the board of adjustment. An applicant may request renewal of a temporary permit for thirty (30) days. The zoning administrator may approve a renewal request only upon finding that the use, building or sign has complied with the findings of fact set forth for the original approval. Up to two (2) renewal requests may be requested by the applicant and approved by the director of planning and, development. Supp. No. 29 1697 § 26-115 WHEAT RIDGE CITY CODE 3. One-year temporary permit for buildings or signs: a. The board of adjustment is empowered to hold a public hearing to decide upon requests for temporary buildings or signs. The board may approve a temporary permit for no longer than one (1) year per application. b. Only one (1) such permit may be approved per year for a particular site. No renewals of one-year permits or new permits for substantially the same building or sign shall be allowed. C. In the event a city project necessitates the relocation of a use, the board of adjustment may approve such temporary use for a specified time period upon finding that a legitimate public purpose is served by granting the temporary use, in addition to the findings of fact required below for thirty-day temporary uses. 4. Whin hearing and deciding requests for temporary permits, director of planning and develop- ment or the board of adjustment shall base its decision in consideration of the following findings of fact: FINDINGS OF "FACT: The proposed temporary building or sign: a. Will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood of the proposed use; and b. Will not adversely affect the adequate light and air, nor cause significant air, water or noise pollution, or cause drainage problems for the general area; and c. Will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off the site; and d. Will be appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with character of the surrounding areas and neighborhood, especially with adjacent properties; and e. Will not overburden the capacities of the existing streets, utilities, parks, schools, and other public facilities and services. E. Interpretations. The board of adjustment is empowered to hold public hearings to decide upon requests for interpretation of certain of the provisions of this chapter in such a way as to carry out their intent and purpose. This authority shall extend only to the following: 1. The basic intent and purpose of words, phrases or paragraphs as applied to a specific proposal or instance. 2. Use of property as an "other similar use;" however in no instance shall the board make an interpretation that a particular use may be permitted in a zone district where that use is specifically enumerated in a higher; that is more intensive, zone district. 3. Relationship of physical improvements, streets, rights-of-way, streams, property boundaries, etc., where such varies or are inconsistent with the official zoning maps of the City of Wheat Ridge. F. Appeals. Appeal of any decision of the board of adjustment or city council which either grants or denies applications for variances, waivers, temporary permits, or interpretations may be made by the applicant, the city council or any aggrieved party to district court within thirty (30) days of the decision. Appeal of any such decision of the planning commission may be made by the applicant, or any aggrieved party to the city council within ten (10) working days of the decision. (Ord. No. 2001-1215, § 1, 2-26-01) Supp. No. 29 1698 Amended per BOA direction of April 24, 2003 INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2003 TITLE: AN ORDINANCE AMENDING SECTION 26-115 VARIANCES/WAIVERS/TEMPORARY PERMITS/INTERPRETATIONS OF THE WHEAT RIDGE CODE OF LAWS. WHEREAS, the City Council is concerned about the physical appearance of the residential zone districts in the City of Wheat Ridge; and WHEREAS, Ordinance 1271 was approved by City Council on December 9, 2002, limiting the number of nonoperative vehicles stored outside on a residentially-zoned property to one; and WHEREAS, Ordinance 1271 specifies that the Board of Adjustment may grant a temporary nonoperative vehicle permit to allow the outside storage of more than one such vehicle on a residentially-zoned property; and WHEREAS, the City of Wheat Ridge has adopted regulations pertaining to procedures for variances, waivers, temporary permits and interpretations; and, WHEREAS, the existing Code of Laws does not recognize this new category of temporary permits, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Section 26-115 Variances/Waivers/Temporary Permits/ Interpretations of the Zoning and Development Code is hereby modified with addition of the following language: Section D. Temporary permit for uses, buildings ap~d-, signs and nonoperative vehicles 5. Temporary Nonoperative Vehicle Permits. a. The board of adjustment is empowered to hold public hearings to decide upon requests for temporary permits for nonoperative vehicles. b. ` Nonoperative" as applied to this ordinance shall be defined consistent with the definition provided in Section 15-4 of the Nuisance Code. EXHIBIT 3 c. The board may approve a temporary permit for no longer than one year per application, provided that no other new temporary nonoperative vehicle permits have been issued within the past year. A single, extension for up to one year may be granted by the Board of Adjustment through a public hearing process. No renewals beyond the one-year extension or new permits for the same property will be allowed. d. In addition to the application requirements listed in Section 26-115.B., the applicant shall provide the following additional information: VIN number for each vehicle being restored. Anticipated time for restoration. Site plan showing location of vehicle storage, type of parking surface, method of screening. e. When hearing and deciding requests for temporary nonoperative vehicle permits, the board of adjustment shall base its decision in consideration of the following findings of fact. FINDINGS OF FACT: The proposed temporary nonoperative vehicle permit: 1. Will not alter the character of the locality; and 2 Will not contribute to blight in the neighborhood; and 3. Will be adequately screened from adjacent properties and public streets; and 4. Will not create environmental hazards (use of paint, body work, welding, ground contamination). The board of adjustment may also take into consideration the history of compliance of zoning violations by the applicant and any other factors relevant to the specific application. f. The Board of Adjustment may impose conditions to ensure compliance with the criteria for review. These conditions may include, among others, length of restoration period, and limitations on scope of restoration (i.e. type of work - no body work or painting). Violations to the conditions imposed shall be grounds for revocation of the temporary nonoperative vehicle permit. g. The approval of any temporary nonoperative vehicle permit shall not be transferable or assignable to any other landowner, tenant, lessee or occupant. h. The approval of a temporary nonoperative vehicle permit shall not be construed that restoration of such vehicle is an allowed home occupation pursuant to Section 26-613 of the zoning and development code. Section 2. Safety Clause. The City of Wheat Ridge 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 rations relation to the proper legislative object sought to be attained. Section 3. 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 4. Supersession Clause. If any provision, requirements 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 here shall supersede and prevail. Section 5. This ordinance shall take effect 15 days upon final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to in this day of 2003, 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 , 2003, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29` Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2003. SIGNED by the Mayor on this day of 12003. GRETCHEN CERVENY, MAYOR ATTEST: Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERAL DAHL, CITY ATTORNEY IST publication: 2nd publication: Wheat Ridge Transcript Effective Date: INTRODUCED BY COUNCIL MEMBER Council Bill No. 26-2003 Ordinance No. Series of 2003 TITLE: AN ORDINANCE AMENDING SECTION 26-115 VARIANCES/WAIVERS/TEMPORARY PERMITSANTERPRETATIONS OF THE WHEAT RIDGE CODE OF LAWS TO ADDRESS TEMPORARY NONOPERATIVE VEHICLE PERMITS WHEREAS, the City Council is concerned about the physical appearance of the residential zone districts in the City of Wheat Ridge; and WHEREAS, Ordinance 1271 was approved by City Council on December 9, 2002, limiting the number of nonoperative vehicles stored outside on a residentially-zoned property to one; and WHEREAS, Ordinance 1271 specifies that the Board of Adjustment may grant a temporary nonoperative vehicle permit to allow the outside storage of more than one such vehicle on a residentially-zoned property; and WHEREAS, the City of Wheat Ridge has adopted regulations pertaining to procedures for variances, waivers, temporary permits and interpretations; and, WHEREAS, the existing Code of Laws does not recognize this new category of temporary permits, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Section 26-115 Variances/Waivers/Temporary Permits/ Interpretations of the Zoning and Development Code is hereby modified with addition of the following language: Section D. Temporary permit for uses, buildings arm signs and nonoperative vehicles 5. Temporary Nonoperative Vehicle Permits. a. The board of adjustment is empowered to hold public hearings to decide upon requests for temporary permits for nonoperative vehicles. ATTACHMENT 2 b. "Nonoperative" as applied to this ordinance shall be defined consistent with the definition provided in Section 15-4 of the Nuisance Code. c. The board may approve a temporary permit for no more than one vehicle for no longer than on A single, extension for up to one year may be granted by the Board of Adjustment through a public hearing process. Such extension request will be considered a new application for a temporary nonoperative vehicle. No renewals beyond the one-year extension its r r the same prep", will be allowed. New permits for the same property will be allowed only when restoration of the original permitted vehicle is completed such that the original permitted vehicle is no longer nonoperative. d. In addition to the application requirements listed in Section 26-115.B., the applicant shall provide the following additional information: 1. VIN number for gash the vehicle being restored. 2. Anticipated time for restoration. 3. Site plan showing location of vehicle storage, type of parking surface, method of screening. e. When hearing and deciding requests for temporary nonoperative vehicle permits, the board of adjustment shall base its decision in consideration of the following findings of fact. FINDINGS OF FACT: The proposed temporary nonoperative vehicle permit: 1. Will not alter the character of the locality; and 2 Will not contribute to blight in the neighborhood; and 3. Will be adequately screened from adjacent properties and public streets; and 4. Will not create environmental hazards (use of paint, body work, welding, ground contamination). The board of adjustment may also take into consideration the history of compliance, or of zoning violations by the applicant and any other factors relevant to the specific application. £ The Board of Adjustment may impose conditions to ensure compliance with the criteria for review. These conditions may include, among others, length of permit, and limitations on scope of restoration (i.e. type of work - no body work or painting). Violations of the conditions imposed shall be grounds for revocation of the temporary nonoperative vehicle permit. g. A any temporary nonoperative vehicle permit shall not be transferable or assignable to any other landowner, tenant, lessee or occupant. h. The approval of a temporary nonoperative vehicle permit shall not be construed to mean that restoration of such vehicle is an allowed home occupation pursuant to Section 26-613 of the zoning and development code. Section 2. Safety Clause. The City of Wheat Ridge 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 rations relation to the proper legislative object sought to be attained. Section 3. 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 4. Supersession Clause. If any provision, requirements 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 here shall supersede and prevail. Section 5. This ordinance shall take effect 15 days upon final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to in this day of 2003, 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 , 2003, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29` Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2003. SIGNED by the Mayor on this day of 2003. GRETCHEN CERVENY, MAYOR ATTEST: Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERAL DAHL, CITY ATTORNEY I ST publication: 2nd publication: Wheat Ridge Transcript Effective Date: I move to amend Council Bill No. 24-2W3 on first reading as toliowS: Proposed Section D 5 c is changed to read: c. The board may approve a temporary permit for no more than one vehicle for no longer than one year. perapplieat-iotr, proviticd O the p---q year. A single extension for up to one year may be granted by the Board of Adjustment through a public hearing process. Such extension request will be considered a new application for a temporary nonaperative vehicle. No renewals beyond the one-year extension will be allowed. New permits for the same property will he allowed only when restoration of the original permitted vehicle is completed such that the original permitted vehicle is no longer nonoperative. Proposed Section D 5 d I is changed to read: 1. VIN number for each the vehicle being restored. CITY COUNCIL MINUTES: June 9, 2003 Page -3- The following citizens spoke in favor of the speed bumps on Zephyr Street: Kristine Disney, 4495 Zephyr St., Neil Heater, 4515 Zephyr St. and David Ohmart, 4455 Zephyr St. Judy DiCroce, 4265 Everett St., reviewed the neighborhood study conducted by Dave Menter and stated that she supports the speed bumps on Everett Street. Motion carried 6-1, with Mr. Gokey voting no. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 21-2003 -An Ordinance amending Section 26-803 of the Wheat Ridge Code of Laws, concerning Floodplain Control. Council Bill 21-2003 was introduced on second reading by Mr. DiTullio. The Clerk read the title and summary. Clerk assigned Ordinance No. 1293. Motion by Mr. DiTullio to adopt Council Bill 21-2003 (Ordinance No. 1293) on second reading; seconded by Mr. Edwards; carried 7-0. Item 2. Council Bill 18-2003 -An. Ordinance amending Sections 7-4, 7-5, and 7-6 of the Code of Laws of the City of Wheat Ridge concerning local election reporting procedures and requirements. Council Bill 18-2003 was introduced on second reading by Ms. Figlus, who also read the title and summary. Clerk assigned Ordinance No. 1294. Motion by Ms. Figlus to adopt Council Bill 18-2003 (Ordinance No. 1294) on second reading; seconded by Mr. Schneider; carried 7-0. ORDINANCES ON FIRST READING Item 3. Council Bill 26-2003 - An Ordinance amending Section 26-115 Variances/Waivers/Temporary Permits/Interpretations of the Wheat Ridge Code of Laws to address temporary Nonoperative Vehicle Permits. (Case No. ZOA-03-08) Council Bill 26-2003 was introduced on first reading by Mr. DiTullio who also read the title. Motion by Mr. Schneider to amend Council Bill No 26-2003 on first reading as follows: Proposed Section D 5 c is changed to read: c. The board may approve a temporary permit for no more than one vehicle for no longer than one year. A single extension for up to one year may be granted by the Board of Adjustment through a public hearing process. Such extension request will be considered a new application for a CITY COUNCIL MINUTES: June 9, 2003 Page -4- temporary nonoperative vehicle. No renewals beyond the one-year extension will be allowed. New permits for the same, property will be allowed only when restoration of the original permitted vehicle is completed such that the original permitted vehicle is no longer nonoperative. Proposed Section D 5 d 1 is changed to read: 1. VIN number for the vehicle being restored; seconded by Mr. Gokey; carried 6-1 with Ms. Figlus voting no. Motion by Mr. DiTullio to approve Council Bill 26-2003 as amended on first reading, order it published, public hearing be set for July 14, 2003 at 7:00 p.m, in the City Council Chambers and that it take effect 15 days after final publication; seconded by Mr. Schneider; carried 7-0. Item 4. Council Bill 25-2003 - An Ordinance amending Chapter 3 of the Code of Laws of the City of Wheat, Ridge concerning the licensing of sexually- oriented businesses. Council Bill 25-2003 was introduced on first reading by Mr. 'DiTullio who also read the title. Motion by Mr. DiTullio that Council Bill No. 25-2003, an ordinance amending Chapter 3 of the Code of Laws of the City of Wheat Ridge concerning the licensing of sexually- oriented businesses, be approved on first reading, ordered published, and set for public hearing and consideration on second reading at 7:00 p.m. in City Council Chambers on July.14, 2003; seconded by Mr. Edwards; carried 7-0. DECISIONS RESOLUTIONS AND MOTIONS(con't) Item 6. Board and Commission Appointments. Motion by Mrs. Rotola to appoint Scott Dressel-Martin, District IV, to the Wheat Ridge Cultural Commission; term to expire March 2, 2006; seconded by Mr. Schneider; carried 7-0. Motion by Mrs. Rotola to appoint John F. Maulsby, District IV, to the Animal Welfare and Control Commission; term to expire March 2,. 2004; seconded by Mr. Schneider; carried 7-0. ELECTED OFFICIALS' MATTERS Mayor Cerveny reminded everyone that the Wellness Walk is Saturday, June 14, 2003, at Crown Hill Park. The Clerk's office has flyers and there are Registration forms at the Recreation Center, or register the morning of. the Walk. She attended the policy advisory committee briefing for the west corridor light rail and gave an update. She also attended the RTD public meeting that addressed the concerns of the citizens living on Teller Street. She feels that Wheat Ridge needs to incorporate a plan for the RTD buses as well as cars and pedestrians for getting people to the stores. ITEM NO: OF WHEAT U qm REQUEST FOR CITY COUNCIL ACTION OO~ORA~~ COUNCIL MEETING DATE: June 9, 2003 TITLE: AN ORDINANCE AMENDING SECTION 26-115 VARIANCES/WAIVERS/TEMPORARY PERMITSIINTERPRETATIONS OF THE WHEAT RIDGE CODE OF LAWS TO ADDRESS TEMPORARY NONOPERATIVE VEHICLE PERMITS (CASE NO. ZOA-03-08) ❑ PUBLIC HEARING ® ORDINANCES FOR 1ST READING (Date: June 9, 2003) ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING ❑ RESOLUTIONS Quasi-Judicial: ❑ Yes No 4 /A ~ - Community Development Director City Manager EXECUTIVE SUMMARY: On December 9, 2002, City Council approved Ordinance 1271. The new legislation deals primarily with the storage of recreational vehicles on residential property. However, section 3 of the ordinance establishes a limitation of one nonoperative vehicle stored outside on residentially zoned properties. Relief from that provision is assigned to the Board of Adjustment through a public hearing process. Pursuant to Section 26-115.D. of the Wheat Ridge Code of Laws, the Board of Adjustment has the ability to grant temporary permits for uses, signs and buildings for up to one year. Nonoperative vehicle storage is not addressed. There were minor modifications made to the version reviewed by Planning Commission subsequent to input from the city attorney. These changes were minor in nature, and did not affect content. The proposed council bill requires specific information regarding the nonoperative vehicle(s) being considered. Findings of fact are required for approval related to impact to the neighborhood and environment. Conditions can be attached to any approval ensuring compliance with the criteria for review. Staff received input from the Board of Adjustment regarding the proposed legislation at their April 24, 2003, meeting. Planning Commission reviewed this proposed amendment at a public hearing held on May 15, 2003. COMMISSION/BOARD RECOMMENDATION: At their April 24, 2003, meeting, the Board of Adjustment requested that the intent of the ordinance be expanded (the "whereas's" ) and that a one time, extension for up to one year be added. Planning Commission reviewed this case at a public hearing held on May 15, 2003. A recommendation of approval was made with one condition: Active restoration as defined in Section 3, subsection k (of ordinance No. 1271), shall include "parts" cars being used for other vehicles that are under restoration. STATEMENT OF THE ISSUES: Staff concurs that when a car is undergoing active restoration, the owner may have an additional vehicle that he is taking parts off of for use on the vehicle being restored. If City Council believes use of a "parts" car should qualify as a vehicle under active restoration, it should be clarified in this ordinance. ALTERNATIVES CONSIDERED: N/A FINANCIAL IMPACT: There will be no financial impact as a result of the new legislation. RECOMMENDED MOTION: "I move to approve Council Bill No. Case No. ZOA-03-08, an ordinance amending Section 26-115 Variances/Waivers/Temporary Permits/Interpretations to address temporary nonoperative vehicle permits, on first reading, ordered published, public hearing set for July 14, 2003, at 7:00 P.M. in the City Council Chambers and that it take effect 15 days after adoption." Or, "I move to table indefinitely Council Bill No. Case No. ZOA-03-08, an ordinance amending Section 26-115 Variances/Waivers/Temporary Permits/Interpretations to address temporary nonoperative vehicle permits, on first reading with the following findings: 1. 2." Initiated by: Community Development Department Report Prepared by: Meredith Reckert (303) 235-2848 Reviewed by: Alan White (303) 235-2844 Attachments: 1. Planning Commission report 2. Council Bill No. zoa0308celst City of Wheat Ridge of "HEATP Community Development Department Memorandum ~~LORPOO TO: Planning Commission FROM: Mvleredith Reckert SUBJECT: Case NO. ZOA-03-08 DATE: May 8, 2003 On December 9, 2002, City Council approved Ordinance 1271. The new legislation deals primarily with the storage of recreational vehicles on residential property. However, section 3 of the ordinance establishes a limitation of one nonoperative vehicle stored outside on residentially zoned properties. Relief from that provision is assigned to the Board of Adjustment through a public hearing process. See Exhibit 1, which is a copy of Ordinance 1271. Pursuant to Section 26-115.D. of the Wheat Ridge Code of Laws (Exhibit 2), the Board of Adjustment has the ability to grant temporary permits for uses, signs and buildings for up to one year. Exhibit 3 is staff's recommended language in ordinance form for the Board of Adjustment's new scope of responsibility. This language will be incorporated into Section 26-115. D. as new section 5. In addition to the standard submittal requirements for a temporary permit, Staff is requiring specific information regarding the nonoperative vehicle(s) being considered. Findings of fact are required for approval related to impact to the neighborhood and environment. Conditions of approval can be attached to any approval ensuring compliance with the criteria for review. The Board of Adjustment reviewed staff's recommended language at their April 24, 2003, meeting. They requested that the intent of the ordinance be expanded (the "whereas's" ) and that a one time, extension for up to one year be added. RECOMMENDED MOTION: "I move that Case No. ZOA-08-03, a proposed amendment to Section 26-115 Variances/Waivers/Temporary Permits/Interpretations of the Wheat Ridge Code of Laws, be forwarded to City Council with a recommendation of APPROVAL for the following reasons: 1. The proposed legislation establishes a process for relief of the limitation of one nonoperative vehicle stored outside on a residentially zoned property. 2. The Board of Adjustment has reviewed the proposed language and recommended changes have been incorporated into it." ATTACHMENT I INTRODUCED BY COUNCIL MEMBER FTGLus Council Bill No. 36-2002 Ordinance No. 1271 Series of 2002 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS PERTAINING TO PARKING AND STORAGE OF VEHICLES IN RESIDENTIAL AREAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Section 26-123 of the Wheat Ridge Code of Laws is hereby amended as follows: Recreational vehicle. A vehicle, such as a recreational trailer, tent camper trailer, pickup truck shell, truck camper, travel trailer, motor home or other vehicle with or without motive power, designed and/or constructed to travel or to attach to a motorized vehicle for the purpose of travel on the public thoroughfare and originally intended and designed for human habitation. The tefffi shall ' ' " h ' used ' r... p-1- pµv....u u, w. .v. ...u. , r,,....,.._..._.-- Recreational vehicle, personal. A vehicle, with or without motive power, used in recreational pursuits designed for use by one or two persons, including such vehicles as snowmobiles, all-terrain vehicles, personal water craft, boats, off-road motorcycles, and other similar motorized or non-motorized devices. Trailer. Any wheeled vehicle, without motive power, which is designed to be used in conjunction with a motor vehicle other than . a truck-tractor so that some part of its own weight and that of its cargo load rests upon or is carried by the motor vehicle. The term includes but is not limited to cargo trailers, flatbed trailers, utility trailers, and horse trailers. Section 2. Section 26-621 of the Wheat Ridge Code of Laws is hereby repealed and reenacted to read in its entirety as follows: Sec. 26-621 Residential parking. A. In residential zone districts, the parking of trucks, vans, buses or licensed trailers which are used for commercial purposes, whether the commercial enterprise is conducted from the home or conducted elsewhere, is prohibited except as permitted by this section. An occupant of a dwelling may park, or allow the parking of, no more than one (1) truck or van which is used for commercial purposes upon the premises or confined to the street frontage of the lot in question; provided, however, GEtA53027\42559 o, EXHIBIT 1 that such vehicle does not exceed a one-ton chassis. Parking of trailers which are used for. commercial purposes is prohibited on any public right-of-way. B. In residential zone districts, a maximum of two (2) of any the following vehicles may be parked outside only upon property owned or occupied by the vehicle owner: * Recreational Vehicle Trailer, with or without' storage thereon of any number of personal recreational vehicles In the case of multifamily residential properties, no such vehicle may occupy any parking space required to meet the minimum vehicular parking standard of this Code for multifamily residential land uses. Such vehicles or trailers must be parked six (6) feet or more inside r ie front property line. Where it is difficult to determine the public right-of-way boundary due to lack of curb, gutter and/or sidewalk, or survey markers, such boundaries shall be presumed to be ten (10) feet from the edge of pavement or back of curb. Where a sidewalk exists, such boundaries shall be presumed to be two (2) feet from the outside edge of sidewalk. For the purposes of this subsection, permanent or temporary carports, frame covered structures, tents, cloth, plastic or fabric covers, or other temporary structures shall not be used to store or conceal recreational vehicles or trailers in addition to or in excess of the maximum number permitted hereby. C. In residential zone districts, parking of detached trailers and recreation vehicles is prohibited in public rights-of-way; provided, however, one (1) recreational vehicle or one (1) trailer may be parked within public rights-of-way for a period up to seventy-two (72) hours, provided it is attached to the towing vehicle. Moving the towing vehicle and/or the trailer to another location in the right-of-way does not extend or re-start the 72 hour period. D. In residential zone districts, where it is desired to maintain such a restricted vehicle either within six (6) feet of a public street on private property or within a lawful parking area on a public street abutting the front of the property in excess of seventy-two (72) hours, the property owner may obtain a temporary parking permit from the planning and development department. Such temporary parking permit shall be fora time period not to exceed fourteen (14) days and no more than one (1) such permit shall be issued each six (6) months for the same vehicle. The issuance of a temporary permit is for the purpose of parking only and not for any other activity. The permit must be placed upon the inside windshield or side window on the driver's side so as to be visible for inspection. E. Pickup truck-mounted campers and pickup truck shells, when mounted upon pickup trucks, are not subject to these parking restrictions except that such camper shall not be used for permanent or temporary living quarters. Nothing in this section will be construed to restrict or limit parking of any vehicle so described upon private GEM53027W25590.01 -2_ property so long as said vehicle is parked in accordance with the limitations of this section and provided that sight distance triangle requirements of section 26-603 are met. F. Areas which are used to store or park allowed recreational vehicles or trailers shall be of an improved surface consisting of concrete, asphalt, brick pavers, gravel at least six (6) inches in depth, or similar materials. If gravel is used, the parking or storage area must be built with the use of concrete curbs, railroad ties, landscape timbers, or similar materials such that the material used for surfacing stays contained within the storage or parking area. Section 3. Section 15- 25 of the Wheat Ridge Code of Laws is amended by the addition of a new subsection (k) to read: (k) In residential zone districts, one (1) vehicle in non-operative condition as defined in Section 15-4 may be stored outside upon property owned by the vehicle owner, provided such vehicles are parked six (6) feet or more inside the front property line under the same conditions as set forth in Section 26-621.B. Such vehicle shall be completely covered with a standard vehicle cover designed and manufactured for the purpose of covering a vehicle. Such cover shall be of a single earth tone or neutral color and shall be maintained in good condition free from holes, rips, tears, or other damage. Tarps, plastic sheets, or any other type of material not specifically designed and manufactured to cover a vehicle shall not be used to cover a non-operative vehicle. For the purposes of this subsection, permanent or temporary carports, frame covered structures, tents, or other temporary structures shall not be used to store or conceal non-operative vehicles in addition to or in excess of the maximum number permitted hereby. Any property owner may apply to the Board of Adjustment for a variance from the limitation of one (1) non-operative vehicle imposed by this subsection, for the purpose of outside storage of additional non-operative vehicles which are undergoing active restoration. Such application shall be made in the manner required by Section 2-61 and 26-115 and shall be evaluated and decided upon by the Board of Adjustment in the manner required by Section 2-53(d) and 26-115. Additional vehicles permitted by action of the Board shall be located, screened or covered as directed by the Board by conditions of approval of any such variance. Section 4. Ordinance No. 1265, Series 2002, is hereby repealed. 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 5. Severabilitv If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason this adjusted C a GED\5 3 02 7142 5 5 90.01 -3- court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 6. This ordinance shall take effect 15 days after final publication, as provided by the Charter. Section 7. Suppression Clause. If any provision, requirement, or standard established by this Ordinance is found to be in conflict with similar provisions, requirements, or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, including without limitation, Sec. 1203 (3)(d) of the Model Traffic Code, 1995 edition, as amended by Code of Laws Sec. 13- 2(b)(6), which are in existence as of the date of adoption of this Ordinance, the provisions, requirements, and standards herein shall supersede and prevail. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 2 on this 18th day of November, 2002, 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 December 9, 2002, 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 6 to 1 'this 9th day of December 1 2002 SIGNED by the Mayor on this 10th day of December 2002 ATTEST: Wanda Sang, City CX-rP APP AS TO FORM BY Y ATTO EY GERALD DAHL, CITY ATTORNEY IstPublication: November 28, 2002 2nd Publication: December 12, 2002 Wheat Ridge Transcript Effective Date: December 27, 2002 GED153027425590.01 ZONING AND DEVELOPMENT § 26-115 use permit. The council shall have the power, upon good cause being shown, to cancel or revoke the previously issued special use permit, to require certain corrective measures to be taken, and/or to direct the city's agents to enter upon the premises and take corrective measures required by the city council, and to modify the conditions which apply to the special use permit. H. Term. 1. A special use permit is valid so long as the conditions of approval are maintained by the applicant, unless a specific time limit for the use or development is set forth as part of the permit approval. If an approved special use ceases operation for any reason for a period of one (1) year, the special use permit shall be deemed expired, unless otherwise provided in the permit itself. 2. If the conditions of a special use permit become the responsibility of a person or entity other than the applicant, the plannno and development department shall be notified in writing, identifying the new person or entity responsible for maintaining the conditions of the permit. Until such notice is received, the applicant shall remain responsible for maintaining those conditions. The notice shall be attached to the permit on file with the planning and development department. I. Nonconforming special uses. Notwithstanding the provisions of section 26-120, any special use which is nonconforming to the provisions of this section by way of not having received approval of a special use permit under prior rules and procedures shall be allowed to continue. Any expansion, addition, or site modification shall require a special use review. All other provisions of section 26-120 shall apply. (Ord. No. 2001-1215, § 1, 2-26-01) X Sec. 26.115. VarianceJwaiverakemporary permitsrinterpretations. A. Purpose. Where it is desired to gain relief from the strict application of any provision of this chapter or to seek an interpretation of the provisions or associated official maps, appeal to the appropriate authority as described below shall be made in accordance with the requirements relating to the specific type of appeal. Where a public hearing is required, notification shall occur by newspaper publication, posting, and certified letter as prescribed in section 26-109. B. Application requirements. All requests for a variance, waiver, temporary permit or interpretation, as described herein, shall be made by the filing of an application, together with the required fee and supporting documentation. 1. Where a request covered within this subsection is made a part of another administrative process, then both fees shall be imposed. 2. Documentation required: a. Copy of the deed for the property. b. Power of attorney if the applicant is not the owner of the property. C. Property survey if the request involves relationship of structure(s) to lot lines or lot area. d. Posting certification (to be submitted at the hearing to the clerk). e. Other information which the applicant, the director of planning and development or the hearing authority determines is necessary in order to adequately evaluate the application. C. Variances and waivers: 1. Minor variances or waivers (ten (10) percent or less): The director of planning and development is empowered to decide upon applications for minor variances or waivers from the strict application of any of the "development standards" pertaining to zone districts in article H of this Supp. No. 29 EXHIBIT 2 § 26-115 WHEAT RIDGE CITY CODE chapter, which apply throughout the various zone district regulations and in other situations which may be specifically authorized in the various sections, without requirement of a public hearing, under the following conditions: a. The variance or waiver does not exceed ten (10) percent of the minimum or maximum standard; and b. The director of planning and development finds that the "findings of fact," as set forth in subsection (c)(3) hereof, are substantially complied with and support the request; and c. The director of planning and development has notified adjacent property owners by letter notice and posting of the site at least ten (10) days prior to rendering his decision, and that no protests have been received during such ten-day period. d. That no additional dwelling units would result from approval of such variance or waiver. e. That the limitations of Charter section 5.10.1 are not exceeded. 2. Variances and waivers of more than ten (10) percent: The board of adjustment is empowered to hold public hearings to hear and decide only upon appeals for variances and waivers from the strict application of the development standards pertaining to zone districts in article H. Where a variance or waiver is made a part of another administrative process, such as a.change of zone, subdivision or a formal site plan or development plan review which requires a public hearing before the planning commission and/or city council, then the planning commission and/or city council shall be empowered to decide upon such variance or waiver request concurrent with such other process; however, in deciding such variance or waiver the planning commission and/or city council shall be subject to the voting ratio as applies to the board of adjustment, set forth in Wheat Ridge Code of Laws section 2-61. In no instance shall the board of adjustment hear or grant a variance as to use or as to an activity or development which is prohibited by this chapter or by section 5.10.1 of the Charter. 3. Review criteria and findings of fact: The board of adjustment, planning commission or city council shall base its decision in consideration of the extent to which the following facts, favorable to the applicant, have been established by the evidence: a. Can the property in question yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by regulation for the district in which it is located? b. If the variance were granted, would it alter the essential character of the locality? C. Does the particular physical surrounding, shape or topographical condition of the specific property involved result in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out? d. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? e. Would the granting of the variance be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located, by, among other things, impairing the adequate supply of light and air to adjacent property, substantially increasing the congestion in public streets or increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values within the neighborhood? Supp. No. 29 1696 ZONING AND DEVELOPMENT § 26-115 f. If criteria a. through e. are found, then, would the granting of the variance result in a benefit or contribution to the neighborhood or the community, as distinguished from an individual benefit on the part of the applicant, or would granting of the variance result in a reasonable accommodation of a person with disabilities? 4. Expiration: Any variance granted by the board of adjustment or director of planning and development shall automatically expire within one hundred eighty (180) days of the date it was granted, or within such other time as the board of adjustment or director of planning and development may prescribe, unless a building permit for the variance is obtained within such period of time. If the building permit expires, the variance shall expire at the same time. Extensions of time may be granted for good cause shown, but only if an application for the extension is made prior to the expiration of the variance. D. Temporary permit for uses, buildings and signs: 1. General. Temporary permits for uses, buildings and signs may be permitted subject to the following restrictions: a. No application will be accepted for a temporary use, building or sign which has previously been denied by planning commission or city council. b. The temporary use, building or sign shall be consistent with the character and intent of the zone district in which the use, building or sign is proposed and shall otherwise meet all development regulations for that zone district. C. The approval of any temporary use, building or sign shall not be transferable or assignable to any other landowner, tenant, lessee or occupant. 2. One-month temporary permit: The director of planning and development is empowered to decide upon applications for temporary buildings, uses or signs which would not otherwise be permitted in a particular district, without requirement of a public hearing, under the following conditions: a. The duration of the building, use or sign shall not exceed one (1) month; b. No other temporary permit has been issued within the previous one (1) year for the same or similar building, use or sign on the same premises; C. The director of planning and development shall determine that the "findings of fact," as set forth below are substantially complied with; d. The director of planning and development has notified adjacent property owners in a form and manner as required for minor variances and waivers as set forth in section 26-109, and has received no objections; and e. The owner or owner's agent approves in writing of the proposed temporary building, use or sign. If all of the conditions above are met, the director of planning and development may issue a one-month temporary permit; however, if they are not met, the director must deny the permit. The applicant may appeal a denial to the board of adjustment. An applicant may request renewal of a temporary permit for thirty (30) days. The zoning administrator may approve a renewal request only upon finding that the use, building or sign has complied with the findings of fact set forth for the original approval. Up to two (2) renewal requests may be requested by the applicant and approved by the director of planning and development. Supp. No. 29 _ 1697 § 26-115 WHEAT RIDGE C YY CODE 3. One-year temporary permit for buildings or signs: a. The board of adjustment is empowered to hold a public hearing to decide upon requests for temporary buildings or signs. The board may approve a temporary permit for no longer than one (1) year per application. b. Only one (1) such permit may be approved per year for a particular site. No renewals of one-year permits or new permits for substantially the same building or sign shall be allowed. C. In the event a city project necessitates the relocation of a use, the board of adjustment may approve such temporary use for a specified time period upon finding that a legitimate public purpose is served by granting the temporary use, in addition to the findings of fact required below for thirty-day temporary uses. 4. Whhn hearing and deciding requests for temporary permits, director of planning and develop- ment or the board of adjustment shall base its decision in consideration of the following findings of fact: FINDINGS OF FACT: The proposed temporary building or sign: a. Will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood of the proposed use; and b. Will not adversely affect the adequate light and air, nor cause significant air, water or noise pollution, or cause drainage problems for the general area; and c. Will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off the site; and d. Will be appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with character of the surrounding areas and neighborhood, especially with adjacent properties; and e. Will not overburden the capacities of the existing streets, utilities, parks, schools, and other public facilities and services. E. Interpretations. The board of adjustment is empowered to hold public hearings to decide upon requests for interpretation of certain of the provisions of this chapter in such a way as to carry out their intent and purpose. This authority shall extend only to the following: 1. The basic intent and purpose of words, phrases or paragraphs as applied to a specific proposal or instance. 2. Use of property as an "other similar use;" however in no instance shall the board make an interpretation that a particular use may be permitted in a zone district where that use is specifically enumerated in a higher; that is more intensive, zone district. 3. Relationship of physical improvements, streets, rights-of-way, streams, property boundaries, etc., where such varies or are inconsistent with the official zoning maps of the City of Wheat Ridge. F. Appeals. Appeal of any decision of the board of adjustment or city council which either grants or denies applications for variances, waivers, temporary permits, or interpretations may be made by the applicant, the city council or any aggrieved party to district court within thirty (30) days of the decision. Appeal of any such decision of the planning commission may be made by the applicant, or any aggrieved party to the city council within ten (10) working days of the decision. (Ord. No. 2001-1215, § 1, 2-26-01) Stipp. No. 29 1698 Amended per BOA direction of April 24, 2003 INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2003 TITLE: AN ORDINANCE AMENDING SECTION 26-115 VARIANCES/WAIVERS/TEMPORARY PERMITS/INTERPRETATIONS OF THE WHEAT RIDGE CODE OF LAWS. WHEREAS, the City Council is concerned about the physical appearance of the residential zone districts in the City of Wheat Ridge; and WHEREAS, Ordinance 1271 was approved by City Council on December 9, 2002, limiting the number of nonoperative vehicles stored outside on a residentially-zoned property to one; and WHEREAS, Ordinance 1271 specifies that the Board of Adjustment may grant a temporary nonoperative vehicle permit to allow the outside storage of more than one such vehicle on a residentially-zoned property; and WHEREAS, the City of Wheat Ridge has adopted regulations pertaining to procedures for variances, waivers, temporary permits and interpretations; and, WHEREAS, the existing Code of Laws does not recognize this new category of temporary permits, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Section 26-115 Variances/Waivers/Temporary Permits/ Interpretations of the Zoning and Development Code is hereby modified with addition of the following language: Section D. Temporary permit for uses, buildings aaA, signs and nonoperative vehicles 5. Temporary Nonoperative Vehicle Permits. a. The board of adjustment is empowered to hold public hearings to decide upon requests for temporary permits for nonoperative vehicles. b. "Nonoperative" as applied to this ordinance shall be defined consistent with the definition provided in Section 15-4 of the Nuisance Code. EXHIBIT 3 The board may approve a temporary permit for no longer than one year per application, provided that no other new temporary nonoperative vehicle permits have been issued within the past year. A single, extension for up to one year may be granted by the Board of Adjustment through a public hearing process. No renewals beyond the one-year extension or new permits for the same property will be allowed. d. In addition to the application requirements listed in Section 26-115.B., the applicant shall provide the following additional information: 1. VIN number for each vehicle being restored. 2. Anticipated time for restoration. 3. Site plan showing location of vehicle storage, type of parking surface, method of screening. e. When hearing and deciding requests for temporary nonoperative vehicle permits, the board of adjustment shall base its decision in consideration of the following findings of fact. FINDINGS OF FACT: The proposed temporary nonoperative vehicle permit: 1. Will not alter the character of the locality; and 2 Will not contribute to blight in the neighborhood; and 3. Will be adequately screened from adjacent properties and public streets; and 4. Will not create environmental hazards (use of paint, body work, welding, ground contamination). The board of adjustment may also take into consideration the history of compliance of zoning violations by the applicant and any other factors relevant to the specific application. The Board of Adjustment may impose conditions to ensure compliance with the criteria for review. These conditions may include, among others, length of restoration period, and limitations on scope of restoration (i.e. type of work - no body work or painting). Violations to the conditions imposed shall be grounds for revocation of the temporary nonoperative vehicle permit. g. The approval of any temporary nonoperative vehicle permit shall not be transferable or assignable to any other landowner, tenant, lessee or occupant. h. The approval of a temporary nonoperative vehicle permit shall not be construed that restoration of such vehicle is an allowed home occupation pursuant to Section 26-613 of the zoning and development code. Section 2. Safety Clause. The City of Wheat Ridge 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 rations relation to the proper legislative object sought to be attained. Section 3. 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 4. Supersession Clause. If any provision, requirements 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 here shall supersede and prevail. Section 5. This ordinance shall take effect 15 days upon final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to in this day of 2003, 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 2003, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29` Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 12003. SIGNED by the Mayor on this day of 2003. GRETCHEN CERVENY, MAYOR ATTEST: Wanda Sang, City Clerk Is7 publication: 2nd publication: Wheat Ridge Transcript Effective Date: APPROVED AS TO FORM BY CITY ATTORNEY GERAL DAHL, CITY ATTORNEY INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2003 TITLE: AN ORDINANCE AMENDING SECTION 26-115 VARIANCES/WAIVERS/TEMPORARY PERMITS/INTERPRETATIONS OF THE WHEAT RIDGE CODE OF LAWS TO ADDRESS TEMPORARY NONOPERATIVE VEHICLE PERMITS WHEREAS, the City Council is concerned about the physical appearance of the residential zone districts in the City of Wheat Ridge; and WHEREAS, Ordinance 1271 was approved by City Council on December 9, 2002, limiting the number of nonoperative vehicles stored outside on a residentially-zoned property to one; and WHEREAS, Ordinance 1271 specifies that the Board of Adjustment may grant a temporary nonoperative vehicle permit to allow the outside storage of more than one such vehicle on a residentially-zoned property; and WHEREAS, the City of Wheat Ridge has adopted regulations pertaining to procedures for variances, waivers, temporary permits and interpretations; and, WHEREAS, the existing Code of Laws does not recognize this new category of temporary permits, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Section 26-115 Variances/Waivers/Temporary Permits/ Interpretations of the Zoning and Development Code is hereby modified with addition of the following language: Section D. Temporary permit for uses, buildings and; signs and nonoperative vehicles 5. Temporary Nonoperative Vehicle Permits. a. The board of adjustment is empowered to hold public hearings to decide upon requests for temporary permits for nonoperative vehicles. -ATTACHMENT -2 "Nonoperative" as applied to this ordinance shall be defined consistent with the definition provided in Section 15-4 of the Nuisance Code. c. The board may approve a temporary permit for no longer than one year per application, provided that no other new temporary nonoperative vehicle permits have been issued within the past year. A single, extension for up to one year may be granted by the Board of Adjustment through a public hearing process. No renewals beyond the one-year extension or new permits for the same property will be allowed. d. In addition to the application requirements listed in Section 26-115.B., the applicant shall provide the following additional information: 1. VIN number for each vehicle being restored. 2. Anticipated time for restoration. 3. Site plan showing location of vehicle storage, type of parking surface, method of screening. e. When hearing and deciding requests for temporary nonoperative vehicle permits, the board of adjustment shall base its decision in consideration of the following findings of fact. FINDINGS OF FACT: The proposed temporary nonoperative vehicle permit: 1. Will not alter the character of the locality; and 2 Will not contribute to blight in the neighborhood; and 3. Will be adequately screened from adjacent properties and public streets; and 4. Will not create environmental hazards (use of paint, body work, welding, ground contamination). The board of adjustment may also take into consideration the history of compliance, or of zoning violations by the applicant and any other factors relevant to the specific application. f. The Board of Adjustment may impose conditions to ensure compliance with the criteria for review. These conditions may include, among others, length of permit, and limitations on scope of restoration (i.e. type of work - no body work or painting). Violations of the conditions imposed shall be grounds for revocation of the temporary nonoperative vehicle permit. g. A any temporary nonoperative vehicle permit shall not be transferable or assignable to any other landowner, tenant, lessee or occupant. h. The approval of a temporary nonoperative vehicle permit shall not be construed to mean that restoration of such vehicle is an allowed home occupation pursuant to Section 26-613 of the zoning and development code. Section 2. Safety Clause. The City of Wheat Ridge 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 rations relation to the proper legislative object sought to be attained. Section 3. 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 4. Supersession Clause. If any provision, requirements 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 here shall supersede and prevail. Section 5. This ordinance shall take effect 15 days upon final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to in this day of , 2003, 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 2003, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29` Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2003. SIGNED by the Mayor on this day of 12003. GRETCHEN CERVENY, MAYOR ATTEST: Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERAL DAHL, CITY ATTORNEY 1ST publication: 2„ d publication: Wheat Ridge Transcript Effective Date: final development plan for property located at 6090 West 44th Avenue be approved for the following reasons: 1. The rezoning is consistent with the Comprehensive Plan designation of Neighborhood Serving Retail. 2. The rezoning will not adversely impact the public health, safety or welfare. 3. The requirements of the City's Planned Development Regulations have been met. 4. The rezoning and proposed Final Development Plan propose a good re-use of an existing but unoccupied developed site, thereby creating physical and economic benefits to the community. 5. The zone change is compatible with the surrounding area and there will be minimal adverse impacts associated with the rezoning. 6. Adequate infrastructure is available to serve the proposed use. With the following conditions: 1. The wall sign as proposed on the Final Development Plan be reduced to a maximum of 69 square feet in size to comply with the City's sign code. 2. The fence, built to match existing wood fences, shall be extended north to the adjacent property owner's fence if approved by the adjacent property owner. Commissioner McMILLIN commented that while the applicant would prefer to have a larger sign, there is consolation in that the sign will be on the shorter face of the building which will have the effect of having the sign appear larger. A vote was taken on the motion. The motion passed 7-0 with Commissioner BERRY absent. B. Case No. ZOA-03-08: An ordinance amending Section 26-115 Variances/Waivers/Temporary Permits/Interpretations of the Wheat Ridge Code of I-F Laws. This case was presented by Meredith Reckert. She advised the Commission there was jurisdiction to hear the case and she reviewed the staff report. Commissioner McMILLIN referred to Section 3, paragraph (k) of Ordinance No. 1271 and asked what methods would be used to determine if a vehicle is undergoing active restoration. Ms. Reckert replied that this would depend on information contained in the application and the applicant's testimony. Commissioner McMILLIN expressed concern that paragraph (k) of the original ordinance is too restrictive and would prevent a restoration hobbyist from keeping a "parts car" in addition to the car that is being restored. He stated that he would like to make it practical for this type of hobby to continue. Alan White suggested that perhaps the definition of "active restoration" could be clarified to include a parts car. Planning Commission Page 4 May 15, 2003 Commissioner PLUMMER commented that he would not like to live next door to someone who had several non-operative vehicles in their yard. Chair McNAMEE asked if there were individuals present who wished to address this ordinance. There was no response. It was moved by Commissioner PLUMMER and seconded by Commissioner STITES that Case No. ZOA-03-08, an ordinance amending Section 26-115 Variances/Waivers/Temporary Permits/Interpretations of the Wheat Ridge Code of Laws be forwarded to City Council with a recommendation of approval. It was moved by Commissioner McMILLIN and seconded by Commissioner DAVIS that active restoration as defined in Section 3, subsection (k) shall include parts cars being used for other vehicles that are under restoration. In response to a question from Commissioner WEISZ, Commissioner McMILLIN stated that he would prefer to see the Board of Adjustment decide on the number of parts cars to be allowed. The motion for amendment passed 6-1 with Commissioner PLUMMER voting no and Commissioner BERRY absent. A vote was taken on the amended motion. It passed 7-0 with Commissioner BERRY absent. C. Case No. ZOA-03-06: An ordinance amending Section 26 of the Wheat Ridge Code of Laws pertaining to Special Uses This case was presented by Alan White. The major changes under the proposed amendment would shorten the Special Use Permit process by eliminating the neighborhood meeting and the legal protest provision. Whether the special use runs with the land or is a personal grant of use will remain a decision to be made on a case-by-case basis by the Community Development Director or City Council. Commissioner PLUMMER questioned the elimination of the legal protest provision. Alan White explained that under the current code, any adjacent land owner could file a legal protest to the City Council which would then require six affirmative votes out of eight possible votes to be approved. It is City Council's desire to remove this provision. If a case should go to City Council, public input would still be allowed under the public hearing process. In answer to a question from Commissioner WEISZ, Alan White stated that the legal protest provision is not required under law. Commissioner MCMILLIN asked how many SUP cases in the past ten years involved a legal protest. Alan White stated that he could not recall any SUP cases where the legal protest was involved. Planning Commission May 15, 2003 City of Wheat Ridge of WHEgT Community Development Department Memorandum (4 Cp~ORAO~ TO: Planning Commission FROM: V Meredith Reckert SUBJECT: Case NO. ZOA-03-08 DATE: May 8, 2003 On December 9, 2002, City Council approved Ordinance 1271. The new legislation deals primarily with the storage of recreational vehicles on residential property. However, section 3 of the ordinance establishes a limitation of one nonoperative vehicle stored outside on residentially zoned properties. Relief from that provision is assigned to the Board of Adjustment through a public hearing process. See Attachment 1 which is a copy of Ordinance 1271. Pursuant to Section 26-115.D. of the Wheat Ridge Code of Laws (Attachment 2), the Board of Adjustment has the ability to grant temporary permits for uses, signs and buildings for up to one year. Attachment 3 is staff's recommended language in ordinance form for the Board of Adjustment's new scope of responsibility. This language will be incorporated into Section 26-115. D. as new section 5. In addition to the standard submittal requirements for a temporary permit, Staff is requiring specific information regarding the nonoperative vehicle(s) being considered. Findings of fact are required for approval related to impact to the neighborhood and environment. Conditions of approval can be attached to any approval ensuring compliance with the criteria for review. The Board of Adjustment reviewed staff's recommended language at their April 24, 2003, meeting. They requested that the intent of the ordinance be expanded (the "whereas's" ) and that a one time, extension for up to one year be added. RECOMMENDED MOTION: "I move that Case No. ZOA-08-03, a proposed amendment to Section 26-115 Variances/Waivers/Temporary Permits/Interpretations of the Wheat Ridge Code of Laws, be forwarded to City Council with a recommendation of APPROVAL for the following reasons: 1. The proposed legislation establishes a process for relief of the limitation of one nonoperative vehicle stored outside on a residentially zoned property. 2. The Board of Adjustment has reviewed the proposed language and recommended changes have been incorporated into it." INTRODUCED BY COUNCIL MEMBER yiG us Council Bill No. 36-2002 Ordinance No. 1271 Series of 2002 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS PERTAINING TO PARKING AND STORAGE OF VEHICLES IN RESIDENTIAL AREAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Section 26-123 of the Wheat Ridge Code of Laws is hereby amended as follows: Recreational vehicle. A vehicle, such as a recreational trailer, tent camper trailer, pickup truck shell, truck camper, travel trailer, motor home or other vehicle with or without motive power, designed and/or constructed to travel or to attach to a motorized vehicle for the purpose of travel on the public thoroughfare and originally intended and designed for human habitation. The tenii shall also l a 1q' a a Recreational vehicle, personal. A vehicle, with or without motive power, used in recreational pursuits designed for use by one or two persons, including such vehicles as snowmobiles, all-terrain vehicles, personal water craft, boats, off-road motorcycles, and other similar motorized or non-motorized devices. Trailer. Any wheeled vehicle, without motive power, which is designed to be used in conjunction with a motor vehicle other than . a truck-tractor so that some part of its own weight and that of its cargo load rests upon or is carried by the motor vehicle. The term includes but is not limited to cargo trailers, flatbed trailers, utility trailers, and horse trailers. Section 2. Section 26-621 of the Wheat Ridge Code of Laws is hereby repealed and reenacted to read in its entirety as follows: Sec. 26-621 Residential parking. A. In residential zone districts, the parking of trucks, vans, buses or licensed trailers which are used for commercial purposes, whether the commercial enterprise is conducted from the home or conducted elsewhere, is prohibited except as permitted by this section. An occupant of a dwelling may park, or allow the parking of, no more than one (1) truck or van which is used for commercial purposes upon the premises or confined to the street frontage of the lot in question; provided, however, GEI7\5302N25590.01 ATTACHMENT 1 that such vehicle does not exceed a one-ton chassis. Parking of trailers which are used for. commercial purposes is prohibited on any public right-of-way. . . B. In residential zone districts, a maximum of two (2) of any the following vehicles may be parked outside only upon property owned or occupied by the vehicle owner: Recreational Vehicle * Trailer, with or without storage thereon of any number of personal recreational vehicles In the case of multifamily residential properties, no such vehicle may occupy any parking space required to meet the minimum vehicular parking standard of this Code for multifamily residential land uses. Such vehicles or trailers must be parked six (6) feet or more inside eie front property line. Where it is difficult to determine the public right-of-way boundary due to lack of curb, gutter and/or sidewalk, or survey markers, such boundaries shall be presumed to be ten (10) feet from the edge of pavement or back of curb. Where a sidewalk exists, such boundaries shall be presumed to be two (2) feet from the outside edge of sidewalk. For the purposes of this subsection, permanent or temporary carports, frame covered structures, tents, cloth, plastic or fabric covers, or other temporary structures shall not be used to store or conceal recreational vehicles or trailers in addition to or in excess of the maximum number permitted hereby. C. In residential zone districts, parking of detached trailers and recreation vehicles is prohibited in public rights-of-way; provided, however, one (1) recreational vehicle or one (1) trailer may be parked within public rights-of-way for a period up to seventy-two (72) hours, provided it is attached to the towing vehicle. Moving the towing vehicle and/or the trailer to another location in the right-of-way does not extend or re-start the 72 hour period. D. In residential zone districts, where it is desired to maintain such a restricted vehicle either within six (6) feet of a public street on private property or within a lawful parking area on a public street abutting the front of the property in excess of seventy-two (72) hours, the property owner may obtain a temporary parking permit from the planning and development department. Such temporary parking permit shall be fora time period not to exceed fourteen (14) days and no more than one (1) such permit shall be issued each six (6) months for the same vehicle. The issuance of a temporary permit is for the purpose of parking only and not for any other activity. The permit must be placed upon the inside windshield or side window on the driver's side so as to be visible for inspection. E. Pickup truck-mounted campers and pickup truck shells, when mounted upon pickup trucks, are not subject to these parking restrictions except that such camper shall not be used for permanent or temporary living quarters. Nothing in this section will be construed to restrict or limit parking of any vehicle so described upon private GED\53027\425590.01 -2- property so long as said vehicle is parked in accordance with the limitations of this section and provided that sight distance triangle requirements of section 26-603 are met. F. Areas which are used to store or park allowed recreational vehicles or trailers shall be of an improved surface consisting of concrete, asphalt, brick pavers, gravel at least six (6) inches in depth, or similar materials. If gravel is used, the parking or storage area must be built with the use of concrete curbs, railroad ties, landscape timbers, or similar materials such that the material used for surfacing stays contained within the storage or parking area. Section 3. Section 15- 25 of the Wheat Ridge Code of Laws is amended by the addition of a new subsection (k) to read: (k) In residential zone districts, one (1) vehicle in non-operative condition as defined in Section 15-4 may be stored outside upon property owned by the vehicle owner, provided such vehicles are parked six (6) feet or more inside the front property line under the same conditions as set forth in Section 26-621.B. Such vehicle shall be completely covered with a standard vehicle cover designed and manufactured for the purpose of covering a vehicle. Such cover shall be of a single earth tone or neutral color and shall be maintained in good condition free from holes, rips, tears, or other damage. Tarps, plastic sheets, or any other type of material not specifically designed and manufactured to cover a vehicle shall not be used to cover a non-operative vehicle. For the purposes of this subsection, permanent or temporary carports, frame covered structures, tents, or other temporary structures shall not be used to store or conceal non-operative vehicles in addition to or in excess of the maximum number permitted hereby. Any property owner may apply to the Board of Adjustment for a variance from the limitation of one (1) non-operative vehicle imposed by this subsection, for the purpose of outside storage of additional non-operative vehicles which are undergoing active restoration. Such application shall be made in the manner required by Section 2-61 and 26-115 and shall be evaluated and decided upon by the Board of Adjustment in the manner required by Section 2-53(d) and 26-115. Additional vehicles permitted by action of the Board shall be located, screened or covered as directed by the Board by conditions of approval of any such variance. Section 4. Ordinance No. 1265, Series 2002, is hereby repealed. Section 5. Safety Clause The City Co this ordin uncil hereby finds, determines, and declares that ance is promulgated under the general police power of the City of or Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this dinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 5. Severabilitv If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a GED1530271425590.01 -3- court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 6. This ordinance shall take effect 15 days after final publication, as provided by the Charter. Section 7. Suppression Clause. If any provision, requirement, or standard established by this Ordinance is found to be in conflict with similar provisions, requirements, or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, including without limitation, Sec. 1203 (3)(d) of the Model Traffic Code, 1995 edition, as amended by Code of Laws Sec. 13- 2(b)(6), which are in existence as of the date of adoption of this Ordinance, the provisions, requirements, and standards herein shall supersede and prevail. INTRODUCED, READ, AND ADOP i ED on first reading by a vote of 6- to 2 on this 18th day of November, 2002, 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 December 9, 2002, 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 6 to 1 , this 9th day of December 2002 SIGNED by the Mayor on this 10th day of December 2002 CHEN CER Y, MAYOR . ATTEST: l Wanda Sang, City C~ APP AS TO FOW JnY AT7EY GERALD DAHL, CITY ATTORNEY 1st Publication: November 28, 2002 2nd Publication: December 12, 2002 Wheat Ridge Transcript Effective Date: December 27, 2002 GED\53027\425590.01 4- ZONING AND DEVELOPMENT § 26-115 use permit. The council shall have the power, upon good cause being shown, to cancel or revoke the previously issued special use permit, to require certain corrective measures to be taken, and/or to direct the city's agents to enter upon the premises and take corrective measures required by the city council, and to modify the conditions which apply to the special use permit. H. Term. 1. A special use permit is valid so long as the conditions of approval are maintained by the applicant, unless a specific time limit for the use or development is set forth as part of the permit approval. If an approved special use ceases operation for any reason for a period of one (1) year, the special use permit shall be deemed expired, unless otherwise provided in the permit itself. 2. If the conditions of a special use permit become the responsibility of a person or entity other than the applicant, the planning and development department shall he notified in writing, identifying the new person or entity responsible for maintaining the conditions of the permit. Until such notice is received, the applicant shall remain responsible for maintaining those conditions. The notice shall be attached to the permit on file with the planning and development department. I. Nonconforming special uses. Notwithstanding the provisions of section 26-120, any special use which is nonconforming to the provisions of this section by way of not having received approval of a special use permit under prior rules and procedures shall be allowed to continue. Any expansion, addition, or site modification shall require a special use review. All other provisions of section 26-120 shall apply. (Ord. No. 2001-1215, § 1, 2-26-01) Sec. 26-115. Variance/waivers/temporary permitsfmterpretations. A. Purpose. Where it is desired to gain relief from the strict application of any provision of this chapter or to seek an interpretation of the provisions or associated official maps, appeal to the appropriate authority as described below shall be made in accordance with the requirements relating to the specific type of appeal. Where a public hearing is required, notification shall occur by newspaper publication, posting, and certified letter as prescribed in section 26-109. B. Application requirements. All requests for a variance, waiver, temporary permit or interpretation, as described herein, shall be made by the filing of an application, together with the required fee and supporting documentation. 1. Where a request covered within this subsection is made a part of another administrative process, then both fees shall be imposed. 2. Documentation required: a. Copy of the deed for the property b. Power of attorney if the applicant is not the owner of the property. C. Property survey if the request involves relationship of structure(s) to lot lines or lot area. d. Posting certification (to be submitted at the hearing to the clerk). e. Other information which the applicant, the director of planning and development or the hearing authority determines is necessary in order to adequately evaluate the application. C. Variances and waivers. 1. Minor variances or waivers (ten (10) percent or less): The director of planning and development is empowered to decide upon applications for minor variances or waivers from the strict application of any of the "development standards" pertaining to zone districts in article 1I of this Supp. No. 29 ATTACHMENT 2 § 26-115 WFIEAT RIDGE CITY CODE chapter, which apply throughout the various zone district regulations and in other situations which may be specifically authorized in the various sections, without requirement of a public hearing, under the following conditions: a. The variance or waiver does not exceed ten (10) percent of the minimum or maximum standard; and b. The director of planning and development finds that the "findings of fact," as set forth in subsection (c)(3) hereof, are substantially complied with and support the request; and c. The director of planning and development has notified adjacent property owners by letter notice and posting of the site at least ten (10) days prior to rendering his decision, and that no protests have been received during such ten-day period. d. That no additional dwelling units would result from approval of such variance or waiver. e. That the limitations of Charter section 5.10.1 are not exceeded. 2. Variances and waivers of more than ten (10) percent: The board of adjustment is empowered to hold public hearings to hear and decide only upon appeals for variances and waivers from the strict application of the development standards pertaining to zone districts in article II. Where a variance or waiver is made a part of another administrative process, such as a change of zone, subdivision or a formal site plan or development plan review which requires a public hearing before the planning commission and/or city council, then the planning commission and/or city council shall be empowered to decide upon such variance or waiver request concurrent with such other process; however, in deciding such variance or waiver the planning commission and/or city council shall be subject to the voting ratio as applies to the board of adjustment, set forth in Wheat Ridge Code of Laws section 2-61. In no instance shall the board of adjustment hear or grant a variance as to use or as to an activity or development which is prohibited by this chapter or by section 5.10.1 of the Charter. 3. Review criteria and findings of fact: The board of adjustment, planning commission or city council shall base its decision in consideration of the extent to which the following facts, favorable to the applicant, have been established by the evidence: a. Can the property in question yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by regulation for the district in which it is located? b. If the variance were granted, would it alter the essential character of the locality? C. Does the particular physical surrounding, shape or topographical condition of the specific property involved result in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out? d. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? e. Would the granting of the variance be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located, by, among other things, impairing the adequate supply of light and air to adjacent property, substantially increasing the congestion in public streets or increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values within the neighborhood? Supp. No. 29 1696 ZONING AND DEVELOPMENT § 26-115 f If criteria a. through e. are found, then, would the granting of the variance result in a benefit or contribution to the neighborhood or the community, as distinguished from an individual benefit on the part of the applicant, or would granting of the variance result in a reasonable accommodation of a person with disabilities? 4. Expiration: Any variance granted by the board of adjustment or director of planning and development shall automatically expire within one hundred eighty (180) days of the date it was granted, or within such other time as the board of adjustment or director of planning and development may prescribe, unless a building permit for the variance is obtained within such period of time. If the building permit expires, the variance shall expire at the same time. Extensions of time may be granted for good cause shown, but only if an application for the extension is made prior to the expiration of the variance. D. Temporary permit for uses, buildings and signs: 1. General. Temporary permits for uses, buildings and signs may be permitted subject to the following restrictions: a. No application will be accepted for a temporary use, building or sign which has previously been denied by planning commission or city council. b. The temporary use, building or sign shall be consistent with the character and intent of the zone district in which the use, building or sign is proposed and shall otherwise meet all development regulations for that zone district. C. The approval of any temporary use, building or sign shall not be transferable or assignable to any other landowner, tenant, lessee or occupant. One-month temporary permit: The director of planning and development is empowered to decide upon applications for temporary buildings, uses or signs which would not otherwise be permitted in a particular district, without requirement of a public hearing, under the following conditions: a. The duration of the building, use or sign shall not exceed one (1) month; b. No other temporary permit has been issued within the previous one (1) year for the same or similar building, use or sign on the same premises; C. The director of planning and development shall determine that the "findings of fact," as set forth below are substantially complied with; d. The director of planning and development has notified adjacent property owners in a form and manner as required for minor variances and waivers as set forth in section 26-109, and has received no objections; and e. The owner or owner's agent approves in writing of the proposed temporary building, use or sign. If all of the conditions above are met, the director of plannnv and development may issue a one-month temporary permit; however, if they are not met, the director must deny the permit. The applicant may appeal a denial to the board of adjustment. An applicant may request renewal of a temporary permit for thirty (30) days. The zoning administrator may approve a renewal request only upon finding that the use, building or sign has complied with the findings of fact set forth for the original approval. Up to two (2) renewal requests may be requested by the applicant and approved by the director of planning and. development. Supp. No. 29 1697 § 26-115 WHEAT RIDGE CITY CODE 3. One-year temporary permit for buildings or signs: a. The board of adjustment is empowered to hold a public hearing to decide upon requests for temporary buildings or signs. The board may approve a temporary permit for no longer than one (1) year per application. b. Only one (1) such permit may be approved per year for a particular site. No renewals of one-year permits or new permits for substantially the same building or sign shall be allowed. C. In the event a city project necessitates the relocation of a use, the board of adjustment may approve such temporary use for a specified time period upon finding that a legitimate public purpose is served by granting the temporary use, in addition to the findings of fact required below for thirty-day temporary uses. 4. Whbn hearing and deciding requests for temporary permits, director of planning and develop- ment or the board of adjustment shall base its decision in consideration of the following findings of fact: FINDINGS OF FACT: The proposed temporary building or sign: a. Will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood of the proposed use; and b. Will not adversely affect the adequate light and air, nor cause significant air, water or noise pollution, or cause drainage problems for the general area; and c. Will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off the site; and d. Will be appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with character of the surrounding areas and neighborhood, especially with adjacent properties; and e. Will not overburden the capacities of the existing streets, utilities, parks, schools, and other public facilities and services. E. Interpretations. The board of adjustment is empowered to hold public hearings to decide upon requests for interpretation of certain of the provisions of this chapter in such a way as to carry out their intent and purpose. This authority shall extend only to the following: 1. The basic intent and purpose of words, phrases or paragraphs as applied to a specific proposal or instance. 2. Use of property as an "other similar use;" however in no instance shall the board make an interpretation that a particular use may be permitted in a zone district where that use is specifically enumerated in a higher; that is more intensive, zone district. 3. Relationship of physical improvements, streets, rights-of-way, streams, property boundaries, etc., where such vanes or are inconsistent with the official zoning maps of the City of Wheat Ridge. F. Appeals. Appeal of any decision of the board of adjustment or city council which either grants or denies applications for variances, waivers, temporary permits, or interpretations may be made by the applicant, the city council or any aggrieved party to district court within thirty (30) days of the decision. Appeal of any such decision of the planning commission may be made by the applicant, or any aggrieved party to the city council within ten (10) working days of the decision. (Ord. No. 2001-1215, § 1, 2-26-01) Stepp. No. 29 1698 Amended per BOA direction of April 24, 2003 INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2003 TITLE: AN ORDINANCE AMENDING SECTION 26-115 VARIANCES/WAIVERS/TEMPORARY PERMITS/INTERPRETATIONS OF THE WHEAT RIDGE CODE OF LAWS. WHEREAS, the City Council is concerned about the physical appearance of the residential zone districts in the City of Wheat Ridge; and WHEREAS, Ordinance 1271 was approved by City Council on December 9, 2002, limiting the number of nonoperative vehicles stored outside on a residentially-zoned property to one; and WHEREAS, Ordinance 1271 specifies that the Board of Adjustment may grant a temporary nonoperative vehicle permit to allow the outside storage of more than one such vehicle on a residentially-zoned property; and WHEREAS, the City of Wheat Ridge has adopted regulations pertaining to procedures for variances, waivers, temporary permits and interpretations; and, WHEREAS, the existing Code of Laws does not recognize this new category of temporary permits, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Section 26-115 Variances/Waivers/Temporary Permits/ Interpretations of the Zoning and Development Code is hereby modified with addition of the following language: Section D. Temporary permit for uses, buildings an$ signs and nonoperative vehicles 5. Temporary Nonoperative Vehicle Permits. a. The board of adjustment is empowered to hold public hearings to decide upon requests for temporary permits for nonoperative vehicles. b. "Nonoperative" as applied to this ordinance shall be defined consistent with the definition provided in Section 15-4 of the Nuisance Code. ATTACHMENT 3 c. The board may approve a temporary permit for no longer than one year per application, provided that no other new temporary nonoperative vehicle permits have been issued within the past year. A single, extension for up to one year may be granted by the Board of Adjustment through a public hearing process. No renewals beyond the one-year extension or new permits for the same property will be allowed. d. In addition to the application requirements listed in Section 26-115.B., the applicant shall provide the following additional information: 1. VIN number for each vehicle being restored. 2. Anticipated time for restoration. 3. Site plan showing location of vehicle storage, type of parking surface, method of screening. e. When hearing and deciding requests for temporary nonoperative vehicle permits, the board of adjustment shall base its decision in consideration of the following findings of fact. FINDINGS OF FACT: The proposed temporary nonoperative vehicle permit: 1. Will not alter the character of the locality; and 2 Will not contribute to blight in the neighborhood; and 3. Will be adequately screened from adjacent properties and public streets; and 4. Will not create environmental hazards (use of paint, body work, welding, ground contamination). The board of adjustment may also take into consideration the history of compliance of zoning violations by the applicant and any other factors relevant to the specific application. The Board of Adjustment may impose conditions to ensure compliance with the criteria for review. These conditions may include, among others, length of restoration period, and limitations on scope of restoration (i.e. type of work - no body work or painting). Violations to the conditions imposed shall be grounds for revocation of the temporary nonoperative vehicle permit. g. The approval of any temporary nonoperative vehicle permit shall not be transferable or assignable to any other landowner, tenant, lessee or occupant. h. The approval of a temporary nonoperative vehicle permit shall not be construed that restoration of such vehicle is an allowed home occupation pursuant to Section 26-613 of the zoning and development code. Section 2. Safety Clause. The City of Wheat Ridge 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 rations relation to the proper legislative object sought to be attained. Section 3. 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 4. Supersession Clause. If any provision, requirements 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 here shall supersede and prevail. Section 5. This ordinance shall take effect 15 days upon final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to in this day of , 2003, 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 2003, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29` Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 12003. SIGNED by the Mayor on this day of 2003. GRETCHEN CERVENY, MAYOR ATTEST: Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERAL DAHL, CITY ATTORNEY 1sT publication: 2"d publication: Wheat Ridge Transcript Effective Date: NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge PLANNING COMMISSION on May 15, 2003, at 7:00 p.m. in the City Council Chambers of the Municipal Building at 7500 West 29`h 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. ZOA-03-06: An ordinance amending Section 26 of the Wheat Ridge Code of Laws pertaining to Special Uses. Case No. ZOA-03-08: An ordinance amending Section 26-115 Variances/ Waivers/Temporary Permits/Interpretations of the Wheat Ridge Code of Laws. Kathy Field, Administrative Assistant ATTEST: Wanda Sang, City Clerk To Be Published: Wheat Ridge Transcript Date: May 8, 2003 City of Wheat Ridge ~F WHEgT Community Development Department v m Memorandum cOCORPDO TO: Board of Adjustment FROM: V Meredith Reckert SUBJECT: Nonoperative Temporary Vehicle Permits DATE: April 18, 2003 Attached is staff's recommended language in ordinance form for the new Board of Adjustment scope of responsibility. Please note that we will be calling the new category of temporary permits, temporary nonoperative vehicle permits. Previously, they were referred to as temporary inoperable vehicle;.. permits. We have changed the name to be consistent with the definition of junk vehicles in the nuisance code. Per the attached ordinance, staff is recommending that the approval period be for one year and that it not be renewable. This is similar to how we handle temporary building and use permits. As with any zoning code amendment, the proposed language will be processed through public hearings in front of both Planning Commission and City Council INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2003 TITLE: AN ORDINANCE AMENDING SECTION 26-115 VARIANCES/WAIVERS/TEMPORARY PERMITS/INTERPRETATIONS OF THE WHEAT RIDGE CODE OF LAWS. WHEREAS, the City of Wheat Ridge has adopted regulations pertaining to procedures for variances, waivers, temporary permits and interpretations; and, WHEREAS, Ordinance 1271 was approved by City Council on November 18, 2002; and WHEREAS, Ordinance 1271 specifies temporary nonoperative vehicle permits may be granted by the Board of Adjustment; and WHEREAS, the existing Code of Laws does not recognize this new category of temporary permits, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Section 26-115 Variances/Waivers/Temporary Permits/ Interpretations of the Zoning and Development Code is hereby modified with addition of the following language: Section D. Temporary permit for uses, buildings and-, signs and nonoperative vehicles 5. Temporary Nonoperative Vehicle Permits. a. The board of adjustment is empowered to hold public hearings to decide upon requests for temporary permits for nonoperative vehicles. b. "Nonoperative" as applied to this ordinance shall be defined consistent with the definition provided in Section 15-4 of the Nuisance Code. c. The board may approve a temporary permit for no longer than one year per application, provided that no other temporary nonoperative vehicle permits have been issued within the past year. No renewals of one-year permits or new permits for the same property will be allowed. d. In addition to the application requirements listed in Section 26-115.B., the applicant shall provide the following additional information: 1. VIN number for each vehicle being restored. 2. Anticipated time for restoration. 3. Site plan showing location of vehicle storage, type of parking surface, method of screening. e. When hearing and deciding requests for temporary nonoperative vehicle permits, the board of adjustment shall base its decision in consideration of the following findings of fact. FINDINGS OF FACT: The proposed temporary nonoperative vehicle permit: 1. Will not alter the character of the locality; and 2 Will not contribute to blight in the neighborhood; and 3. Will be adequately screened from adjacent properties and public streets; and 4. Will not create environmental hazards (use of paint, body work, welding, ground contamination). The board of adjustment may also take into consideration the history of compliance of zoning violations by the applicant and any other factors relevant to the specific application. f. The Board of Adjustment may impose conditions to ensure compliance with the criteria for review. These conditions may include, among others, length of restoration period, and limitations on scope of restoration (i.e. type of work - no body work or painting). Violations to the conditions imposed shall be grounds for revocation of the temporary nonoperative vehicle permit. g. The approval of any temporary nonoperative vehicle permit shall not be transferable or assignable to any, other landowner, tenant, lessee or occupant. h. The approval of a temporary nonoperative vehicle permit shall not be construed that restoration of such vehicle is an allowed home occupation pursuant to Section 26-613 of the zoning and development code. Section 2. Safety Clause. The City of Wheat Ridge 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 rations relation to the proper legislative object sought to be attained. Section 3. 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 4. Supersession Clause. If any provision, requirements 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 here shall supersede and prevail. Section 5. This ordinance shall take effect 15 days upon final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to in this day of , 2003, 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 , 2003, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29` Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2003. SIGNED by the Mayor on this day of 2003. GRETCHEN CERVENY, MAYOR ATTEST: Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERAL DAHL, CITY ATTORNEY 1sT publication: 2nd publication: Wheat Ridge Transcript Effective Date: Case No.: App: Last Name: App: First N ame: Owns r: Last Name: Owner: First Nam e: App Addre ss: City, State Z ip: App: Pho ne: Owner Address: City/St ate/Zip: Owner Phone: Project Address: Street Name : City/State, Zip: Case Disposition: Project Planner: File Lo cation: Not es: Follow- Up: OA0308 Quarter Section Map N o.: itywide Related Cases: ~ - Case Histor y: emporary inoperable I ehicles 1 Review Body: PC. APN: 2nd Revie w Body: 2nd Review Date Decision-making Body 1... Appro val/Denial Date: Reso/Ordinance No.: CCV Conditions of Approval: Reckert dive District: I Date Rec eived: /7412003 Pre-App Date: F_ Go~[opage,l^: City of Wheat Ridge F of WHEgr o Community Development Department _ U m Memorandum ~~<ORA00 TO: Board of Adjustment FROM: Meredith Reckert SUBJECT: Variances for inoperable vehicles DATE: March 27, 2003 Staff has put together some initial thoughts on the new category of variances, which the Board will be reviewing. Pursuant to Ordinance No. 36-2002, in all residential zone districts, the keeping of one vehicle in non-operative condition is allowed. Such vehicle cannot be parked within 6' of the front property line and must be completely covered with a standard vehicle cover. The ordinance continues that a property owner can apply to the BOA for variance from limitation of one for the purpose of outside storage of additional non-operative vehicles. The application shall be processed according to Section 26-115, and requires posting, publication and noticing for the public hearing. The Board can attach conditions to an approval relating to location on the property and method of screening or covering the vehicle being restored. The public hearing is quasi-judicial in nature and the voting patterns designated under section 2-53 shall be followed (greater than majority rule). Questions for consideration: • What is the new variance referred to as? The new legislation specifies that it will be a variance to the minimum of one inoperable vehicle allowed in a residential zone district. Staff feels it would be more a ro riate to call it a temporary use permit tem orary operable vehicle permit or TIVP) ariances typically run with the land. • What information is require witlfthe application? Application form, variance fee, proof of ownership, letter of request including anticipated time for restoration, site plan showing location of vehicle storage, type of parking surface, method of screening, VIN number for each vehicle being restored • Staff's recommends there be a time limitation for the vehicle as a condition of approval. • What criteria should be used? Many of the regular variance and temporary use criteria do not apply. 1. Will granting of the TIVP alter the character of the locality? 2. Will granting of the TIVP contribute to blight in the neighborhood? 3. Will the inoperable vehicle be adequately screened from adjacent properties and public streets? 4. History of compliance of zoning violations by the applicant? 5. Will the restoration v"ate environmental hazards (use of paint, bodywork, welding, ground contamination)? 6. Other factors for consideration