HomeMy WebLinkAboutZOA-03-09CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER Schneider
Council Bill No. 42_9001
Ordinance No. 1313
Series of 2003
TITLE: AN ORDINANCE AMENDING CHAPTER 26 PERTAINING TO
DEVELOPMENT STANDARDS IN THE RESIDENTIAL ZONE
DISTRICTS.
WHEREAS, the Council has recently approved a comprehensive revision of
Chapter 26 of the Code of Laws, concerning land use, zoning and development,
and
WHEREAS, the Council wishes to amend the development standards in
individual zone districts pertaining to setbacks;
WHEREAS, there are certain inconsistencies in the development standards;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO:
Section 1. Wheat Ridge Code of Laws, Section 26-206 Residential-One A
District (R-1 A) is hereby amended to read as follows:
Sec. 26-206 Residential One District (R-1).
A. Intent and Purpose: This district is established to provide high quality, safe, quiet,
and stable low density residential neighborhoods, and to prohibit activities of any nature which
are incompatible with the low-density residential character.
B. Development Standards:
Minimum
Maximum
Minimum
Minimum
Front
Minimum
Minimum
Maximum
Building
Lot
Lot
Yard
Side Yard
Rear Yard
Height
Coverage's'
Area
Width
Setback
Setback"'
Setback
One-family dwelling
35'
25%
12,500
100'
30" "b'
15'
15'
sf
Group home
35'
25%
12,500
100'
30-w (b)
15'
15'
sf
Accessory Buildings le)
Detached garage or carport
Z& 15'
1,000 sf
12,500
100'
30'~1b'
15'
15'
sf
GED\53027\384393.01
Maximum
Height
Private storage shed 2-0 10' °
Churches, schools, government
and quasi-government build-
ings, golf courses, small day 35
care center, and nursing,
elderly and congregate care
homes
All other uses 35
Maximum Minimum Minimum
Building
Lot Lot
CoverageW
Area Width
400 sf
12,500 100'
sf
25% 1 acre
25% 12,500
sf
200'
100'
Minimum
Front
Minimum
Minimum
Yard
Side Yard
Rear Yard
Setback
Setback"'
Setback'
30'
151°'
15` (c'
30' xe
1 5'w W im
20'
30'm (b)
5'ti lc$
15'
(a) Any side or rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for
all structures.
(b) Any FeaF yaFd which abuts a puhlis RtFPPt shall have a minimum setbask of thiFty (30) feet for all
structures
4e4 (b) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten
(10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.)
(d) (c) Any building. or structure which houses animals, except a residence, shall be set back fifteen 0 5) feet
from property lines and at least thirty (30) feet from a residence on an adjacent parcel.
4e1 (d) Fifteen-foot setback for the first story and five (5) feet for each additional story.
W RewltFy houses and pigeen 889PS aFe limited te a maximum height of twelve (12) feet.
1-1 °I:~:-- a.. Q inao/ 1 1.....1........:...........:....J ~C-- Oa PM I
(e) Metal accessory buildings over 120 square feet in size are not permitted
Sec. 26-206 Residential-One A District (R-1 A).
A. Intent and Purpose: This district is established to provide high quality, safe, quiet
and stable low-density residential neighborhoods, and to prohibit activities of any nature which
are incompatible with the low-density residential character.
B. Development Standards:
Maximum
Minimum
Minimum
Maximum
Building
Lot
Lot
Height
Coveragew
AreaQ"°'
Width!l
One-family dwelling
35'
30%
9,000 sf
75'
Group home
35'
30%
9,000 sf
75'
Accessory Buildings (f)
Detached garage or carport
2$ 15'
1,000 sf
9,000 sf
75'
Minimum
Front
Minimum
Minimum
Yard
Side Yard
Rear Yard
Setback
Setback("
Setback'b'"'
30""'b'
10' rv'
15,
30"°"b'
10' r}~
15'
30"°""'
5' if _:S8'
5' if:58' in
in height;
height; 10'
10' if
if >8' in
>8' in
height
height
43ED\53027\384393.01 2
Minimum
Maximum
Minimum
Minimum
Front
Minimum
Minimum
Maximum
Building
Lot
Lot
Yard
Side Yard
Rear Yard
Height
Coverage'"'
Area "I
Width 101
Setback
Setback"'
Setbacke1"
Private storage shed
20 10' 191
400 sf
9,000 sf
75'
30'
5'"""ff
5"°"" if -8'
:!~8' in
in height;
height;
10' if >8'
10' if
in height
>8' in
height
Churches, schools, government
and quasi-government build-
ings, golf courses, small day
35'
30%
1 acre
200'
30'
15'Q 1d'
20'
care center, and nursing,
elderly and congregate care
homes
All other uses
35'
30%
9,000 sf
75'
30"e"°'
10' T}'d'
15'
(a) Any side or rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for
all structures.
(13) ARY Few yaFal whiah abuts a public Street Shall have a minimum setlaaBle of thiFty (30) feet far R"
(c) (b) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten
(10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.)
(d) A total of fifteen (15) feet s de yard setback for every individual lot with a minimum of five (6) feet an
one (1) side.
{e) (c) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet
from property lines and at least thirty (30) feet from a residence on an adjacent parcel.
444 (d) Fifteen-foot setback for the first story and five (5) feet for each additional story.
(0) RewltFy houses and pigeon eeeps are limited ta a maximurn height of twelve (12) feet.
0
(h) Minimum twenty five peFeent Minimum ten (10) feet Of landSGapinq 46 FeqUiFed With M R the fFORt and side yaFd setbaeks adjacent to
n
r'mil'- streets. (See section 26 502.)
1P (e) Corner lots shall have a minimum of nine thousand six hundred (9,600) square feet and a minimum lot
width of eighty (80) feet for both street frontages.
(f) Metal accessory buildings over 120 square feet in size are not permitted.
Section 2. Wheat Ridge Code of Laws, Section 26-207 Residential-One B
District (R-1 B) is hereby amended to read as follows:
Sec. 26-207 Residential-One B District (R-1 B).
A. Intent and Purpose: This district is established to provide high quality, safe, quiet
and stable small lot, low-density residential neighborhoods, and to prohibit activities of any
nature which are incompatible with the low-density residential character.
B. Development Standards:
One-family dwelling
Maximum Minimum Minimum
Maximum Building Lot Lot
Height Coverage'"' Area Width'"'
35' 40%
7,500 sf 60'
Minimum
Front
Minimum
Minimum
Yard
Side Yard
Rear Yard
Setback
Setback"'
Setback"'
W
30'aa1b1
5"a mi
10'
GED\53027\384393.01 3
Maximum
Height
Group home
Accessory Buildings (g)
Detached garage or carport
Private storage shed
Churches, schools, government
and quasi-government build-
ings, golf courses, small day
care center, and nursing,
elderly and congregate care
homes
All other uses
35'
2-015'
Minimum
Maximum
Minimum
Minimum
Front
Minimum
Minimum
Building
Lot
Lot
Yard
Side Yard
Rear Yard
Coverage"
Area
Width'P"I
Setback
Setback's'
Setback'b'
im
40%
7,500sf
60'
30'w(b'
5'~M
10'
600 sf
7,500 sf.
60'
30'w 1b;
5- if:58'
5' if L'-B'
in height;
in height;
10' if
10' if
>8' in
>8' in
height
height
20' 10''0 400 300 sf 7,500 sf
35' 40% 1 acre
35' 40% 9,000 sf
60' 30'
200' 30'"'
60' 30'w 'b'
5,W 1d) if
5 if
8' in
<8' in
height;
height;
10' if
10' if
>8' in
>8' in
height
height
1 5'NN10 W
20'
5'~ 10,
(a) Any side or rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for
all structures.
(13) ARY FeaF yaFd whooh abuts a puhlin RtFPPt RhAll have A minimum sethaRk of thirty (30) feet fO"
structures.
4c4 (b) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten
110) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.)
4d4 (cl A total of fifteen (15) feet side yard setback for every individual lot with a minimum of five 15) feet on
one 11) side.
4e4 (d) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet
from property lines and at least thirty (30) feet from a residence on an adjacent parcel.
#4 (e) Fifteen-foot setback for the first story and five (5) feet for each additional story.
feet.
(2153%) IaRdseap ng FeGlUiFed en site. (See section 26 602.)
(g) POUItFy houses aRd pigean coops are limited to a maximum height af twelve (12) 0) Minimum teR (10) feet of landsoaping is required within the fFnnt and qddp. yard setbacks adjacent to
(h) Minimum twenty five percent public streets. (See sect an 26 602.)
411 (f) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages.
Ig) Metal accessory buildings over 120 square feet in size are not permitted.
Section 3. Wheat Ridge Code of Laws, Section 26-208 Residential-One C
District (R-1 C) is hereby amended to read as follows:
Sec. 26-208 Residential-One C District (R-1 C).
A. Intent and Purpose: This district is established to provide high quality, safe, quiet
and stable, medium-density single-family residential neighborhoods, and to prohibit activities of
any nature which are incompatible with the medium-density residential character.
B. Development Standards:
GED\53027\384393.01 4
Minimum
Maximum
Minimum
Minimum
Front
Minimum
Minimum
Maximum
Building
Lot
Lot
Yard
Side Yard
Rear Yard
Height
Coverage'"'
Area
Width
Setback
Setback"''
Setbackm
W
One-family dwelling
35'
40%
5,000 sf
50'
30""'b'
5'm
-1-0' 5'
Group home
35'
40%
5,000 sf
50'
30-wN
5' w
49' 5'
Accessory Buildings (e)
29' 15'
600 sf
5,000 sf
50'
30""'b'
5' if '8' in
4-0' 5' if
-
height; 10'
58' in
Detached garage or carport
if > 8' in
height;
height
10' if
>8' in
height
Private storage shed
29' 10' w
499 200 sf
5,000 sf
50'
30'
5"w""if
5"A"c'if
:S 8' in
!S 8' in
height; 10'
height;
if > 8' in
10' if
height
>8' in
height
Churches, schools, government
and quasi-government build-
ings, golf courses, small day
35'
40%
1 acre
200'
301'"
15'x'
20'
care center, and nursing,
elderly and congregate care
homes
All other uses
35'
40%
5,000 sf
50'
30""'b'
5"O""
10'
(a) Any side or rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for
all structures.
(b) Any rear yard WhiGh abUtS a PUhl P qtFPPt she]' ha-P. a min mum qpthaAk at thiFty (30) feet fGF--a4
(0 (b) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to. ten
(10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.)
)d) (c) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet
from property lines and at least thirty (30) feet from a residence on an adjacent parcel.
(e) MiAiFAUFA GethRPk far the first story and five (6) feet for eaGh additional story.
(f) Poultry houses and pigean e9aps aFe limited to a maximum height of twelve (12) feet.
1,.1 nn:.,:...... a:..., ror;oi I J.,..a_,.....:..,. -.........,a ,c..., on mnq
fi) (d) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages
(e) Metal accessory buildings over 120 square feet in size are not permitted.
Section 4. Wheat Ridge Code of Laws, Section 26-209 Residential-Two
District (R-2) is hereby amended to read as follows:
Sec. 26-209 Residential-Two District (R-2).
A. Intent and Purpose: This district is established to provide high quality, safe, quiet
and stable low to moderate-density residential neighborhoods, and to prohibit activities of any
nature which are incompatible with the residential character.
B. Development Standards:
GED\53027\384393.01 5
Minimum
Maximum
Minimum
Minimum
Front
Minimum
Minimum
Maximum
Building
Lot
Lot
Yard
Side Yard
Rear Yard
Height
CoverageN
Area
Widthy1"
Setback
Setback"'
Setback'"'
1a)
One-family dwelling
35'
40%
9,000 sf
75'411f'
30'" W
5"d""
10'
Two-family dwelling
35'
40%
12,500.
100'
30-wN
5"d""
10'
sf
Group home
35'
40%
9,000 sf
75'
30""1b'
5'd
10'
Accessory Buildings (g)
Detached garage or carport
2015'
1,000 sf
9,000 sf
75'
30'e N
5'.if<8'
5' if:58'
per unit
_
in height;
in height;
10' if
10' if
>8' in
>8' in
height
height
Private storage shed
2a 10, W
400 sf
9,000 sf
75'
30'
5""'d' if
5- ` d' if
:!~8' in
:5 8' in
height;
height;
10' if
10' if
>8' in
>8' in
height
height
Churches, schools, government
and quasi-government build-
ings, golf courses, small day
35'
40%
1 acre
200'
30'"
15'"'"
20'
care center, and nursing,
elderly and congregate care
homes
All other uses
35'
40%
9,000 sf
75'
30""'b'
5"d""
10'
(a) Any side or rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for
all structures.
(b) ARY Few ya AG StFeet shall have a minimum sethgpk ef thiFty (30) feet foF-a4
stFUGtufes.
fc) (b) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten
(10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.)
(d1 (c) A total of fifteen (15) feet side yard setback for every individual lot with a minimum of five (5) feet on
one 111 side.
fe) (d) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet.
44 (e) Fifteen-foot setback for the first story and five (5) feet for each additional story.
(0) RGURFY heUSeS and pigeon seeps aFe limited to a maximum height of twelve H 2) feet.
rte, nn:..:...., s:..,.., ,ocoi, i....a ........:...........:...a i c..,. oa cno ~
fj1(f) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages
(g) Metal accessory buildings over 120 square feet in size are not permitted.
Section 5. Wheat Ridge Code of Laws, Section 26-210 Residential-Two A
District (R-2A) is hereby amended to read as follows:
Sec. 26-210 Residential-Two A District (R-2A).
A. Intent and Purpose: This district is established to provide high quality, safe, quiet
and stable medium-density residential neighborhoods, and to prohibit activities of any nature
which are incompatible with the medium-density residential character.
GED\53027\384393.01 6
B. Development Standards:
Minimum
Maximum
Minimum
Minimum
Front
Minimum
Minimum
Maximum
Building
Lot
Lot
Yard
Side Yard
Rear Yard
Height
Coverage""
Area
Width
Setback
Setback's'
Setback''
W
One-family dwelling
35'
40%
7,500 sf
60'0H 191
30""'b'
5 'per
10'
story
Two-family dwelling
35'
40%
9,000 sf
75'f1Y1g1
30'~(bI
5' per
10'
story W
Multifamily 13/more dwelling
35'
40%
13,050
100'
30'
5' per
10' for
units)
sfw(c'
story
one or
two story
buildings;
15' for
three
story
buildings
Group home
35'
40%
9,000 sf
75'
30'
5' per
10'
story w
Accessory Buildings (i)
Detached garage or carport
24 15'
600 sf
9,000 sf
75'
3o,M 1"'
5' if :~8'
5' if!~8'
Iper unit)
in height;
in height;
10' if
10' if
>8'in
>8' in
height
height
Private storage shed
20=10"9'
400 sf/
9,000 sf
75'
30'
5'"(d'if
5'"(d'if
4 d.u.
'5 8' in
_58' in
height;
height;
10' if
10' if
>8' in
>8' in
height
height
Churches, schools, government
and quasi-government build-
ings, golf courses, small day
35'
40%
1 acre
200'
30'"'
15'"'""c'
20'
care center, and nursing,
elderly and congregate care
homes
All other uses
35'
40%
9,000 sf
75'w Ig)
30'
5'
10'-
(a) Side yard setbaek shall be five (6) feet Per StOFy exeept. ARY side yaFd whish abuts a pubic street-
shall have a min:mum setbask Bf ihirty (30) feet ieF all StMetk!Fes.
4W (a) Any side or rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for
all structures.
4a-Hb) Front setbacks for one- or two-family dwelling structures on lots or portions of lots which abut cul-de-
sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See
Figure 26-123.3.)
W(c) A minimum of four thousand three hundred fifty (4,350) square feet of land area shall be required for
each dwelling unit for multifamily buildings.
4e)-(d) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet.
(f)-(e) Fifteen-toot setback for the first story and five (5) feet for each additional story.
(g) Poultry houses and pigean Geeps are limited te a maximum height of twelve (12) feet.
0
N Minimum twenty five PeFeent (i) M nimurn ten (10) feet ef landsGaping 06 FeqUiFed within the iFeRt aRd side ~Wd setbaeks adjaGent to
public streets. (See seet6as 26 502.)
(j) Rear yards for building whiGh eXGeed two (2) stores shall be inefeased five 15) feet for eash additional
Story War two (2) stermes.
GED153027\384393.01 7
{k; (g) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages.
(N (h) Reserved.
0) Metal accessory buildings over 120 square feet in size are not permitted.
NOTE: The requirements of section 26-120 4)9 (C) (2) shall not apply to require compliance with minimum lot
area and/or minimum land area per unit requirements otherwise applicable to the reconstruction of
multifamily dwelling units in the R-2A district, where such structures and their reconstruction meet all
of the following requirements: (1) the structure was legally in existence on September 8, 1997, 12)
the structure is located upon a lot which does not meet the then-applicable minimum lot area and/or
minimum land area per unit requirements for such proposed reconstruction, and (3) such
reconstruction is restricted to replacement of the structure which has been destroyed. This exemption
shall not apply to: (1 ) new construction where no replacement of a preexisting structure takes place or
(2) reconstruction of structures which were not legally in existence Jas distinguished from legal
nonconforming structures).
Section 6. Wheat Ridge Code of Laws, Section 26-211 Residential-Three
District (R-3) is hereby amended to read as follows:
Sec. 26-211 Residential-Three District (R-3).
A. Intent and Purpose: This district is established to provide high quality, safe, quiet
and stable medium- to high-density residential neighborhoods, and to prohibit activities of any
nature which are incompatible with the medium- to high-density residential character.
B. Development Standards:
One-family dwelling
Two-family dwelling
Multifamily (3 or more dwelling
units)
Group home
Accessory Buildings (g)
Detached garage or carport
Private storage shed
Churches, schools, government
and quasi-government build-
ings, golf courses, small day
care center, and nursing,
elderly and congregate care
homes
Maximum
Height
35'
35'
35'
35'
Maximum
Building
Coverage's'
40%
40%
40%
40%
Minimum
Lot
Area
7,500 sf
9,000 sf
12,500
sf'm
9,000 sf
Minimum
Lot
Width
60'"' If'
75's' in
100'
75'
Minimum
Front
Yard
Setback
30""
30"c'
30'
30"c'
Minimum
Side Yard
Setback"
IN
5' per
story
5' per
story
15"a'
5' per
story
Minimum
Rear Yard
Setbac0l
10'
10'
15'4'}"'
10'
28' 15' 600 sf 9,000 sf 75'
30"c' 5' if!58'
5' if 58'
per unit
in height;
in height;
10' if
10' if
>8' in
>8' in
height
height
x1&' 10' 400 sf/ 9,000 sf 75'
30' 5"a) if-48'
5"c'ifSW
4 d.u.
in height;
in height;
10' if
10' if
>8' in
>8' in
height
height
35' 40% 1 acre 200'
30'"" 15"s"w
20'
GED\53027\384393.01 8
Minimum
Maximum Minimum Minimum Front Minimum Minimum
Maximum Building Lot Lot Yard Side Yard Rear Yard
Height Coverage's) Area Width Setback Setback"' Setback (b)
Ibl
All other uses 35' 40% 7,500 sf 60'"'In 30"c' 5' per
story
(a) Side and rear yard setback shall be fifteen (15) feet for the first two stories and an additional five (5)
feet for each additional story over two stories.
(aa) (b) Any side or rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for
all structures.
(b) Any Few yaFd whieh abuts a public street shall have a minim-im qP*bAPk of thirty (30) feet fRF all
StFUGtWes.
(c) Front setbacks for one- or two-family dwelling structures on lots or portions of lots which abut cul-de-
sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See
Figure 26-123.3.)
id) A minimum of three thousand six hundred thirty (3,630) square feet of land area shall be required for
each dwelling unit for multifamily buildings.
(e) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet.
W PGUItFy houses and pigeen GOOPS aFe limited to a maximum height ef twelve H 2) feet.
Ld bll:..:.... NJ-.........- 1Qnol1 1--A---- ;e.............A n.1u ICuu._+i. ~
01 If) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages
(g) Metal accessory buildings over 120 square feet in size are not permitted.
NOTE: The requirements of section 26-120.8. (C) (2) shall not apply to require compliance with minimum lot area
and/or minimum land area per unit requirements otherwise applicable to the reconstruction of multifamily
dwelling units in the R-243 district, where such structures and their reconstruction meet all of the following
requirements: (1) the structure was legally in existence on September 8, 1997, (2) the structure is located
upon a lot which does not meet the then-applicable minimum lot area and/or minimum land area per unit
requirements for such proposed reconstruction, and (3) such reconstruction is restricted to replacement of
the structure which has been destroyed. This exemption shall not apply to: (1) new construction where no
replacement of a preexisting structure takes place qr (2) reconstruction of structures which were not legally
in existence (as distinguished from legal nonconforming structures).
Section 7. Wheat Ridge Code of Laws, Section 26-212 Residential-Three A
District (R-3A) is hereby amended to read as follows:
Sec. 26-212 Residential-Three A District (R-3A).
A. Intent and Purpose: This district is established to provide high quality, safe, quiet
and stable medium-density residential neighborhoods, and to prohibit activities of any nature
which are incompatible with the medium-density residential character.
B. Development Standards:
10'
Minimum
Maximum
Minimum
Minimum
Front
Minimum
Minimum
Maximum
Building
Lot
Lot
Yard
Side Yard
Rear Yard
Height
Coverage's'
Area
Width
Setback
Setback"
Setback IN
Ibl
One-family dwelling
35'
40%
7,500 sf
60'"'
30"c'
5' per
10'
story
Two-family dwelling
35'
40%
9,000 sf
75'"'
30"'
5' per
10'
story
Multifamily (3+ dwelling units)
35'
40%
12,500
100'
30'
15"a'
15'a-&'e'
sf" '
GED\53027\384393.01
9
Minimum
Maximum
Minimum
Minimum
Front
Minimum
Minimum
Maximum
Building
Lot
Lot
Yard
Side Yard
Rear Yard
Height
Coveragew
Area
Width
Setback
Setback)"'
Setback'b'
Ib)
Group home
35'
40%
9,000 sf
75'
30"c)
5' per
10'
story
Accessory Buildings Ig)
Detached garage or carport
2$=15'
600 sf
9,000 sf
75'
30"
5' if <-8'
5' W58'
per unit
in height;
in height;
10' if
10' if
>8' in
>8' in
_
height
height
Private storage shed
29' 10' x)
400 sf/
9,000 sf
75'
30'
S"c) if 58'
S" c) if!!:-8'
4 d.u.
in height;
in height;
10' if
10' if
>8' in
>8' in
height
height
Churches, schools, government
35'
40%
1 acre
200'
30'"
15"( "w
20'
and quasi-government build-
ings, golf courses, small day
care center, and nursing,
elderly and congregate care
homes
All other uses
35'
40%
9,000 sf
60'Q (f)
30"c'
15""
10'
(a) Side and rear yard setback shall be ten (3-04 15 feet for the first two stories and an additional five (5)
feet for each additional story over two stories.
(aa) Any side YaFd whieh abuts a PUblie StFeet shall have a minimum setbaele of thirty (30) feet fAF Al.
structures
(b) Any side or rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for
all structures.
(c) Front setbacks for one- or two-family dwelling stfuctures on lots or portions of lots which abut cul-de-
sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See
Figure 26-123.3.)
(d) A minimum of three thousand nine hundred sixty (3,960) square feet of land area shall be required for
each dwelling unit for multifamily buildings.
(e) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet.
(f) Comer lots shall have a minimum lot width of eighty (80) feet for both street frontages
(g) Metal accessory buildings over 120 square feet in size are not permitted.
NOTE: The requirements of section 26-120 (13) (C) (2) shall not apply to require compliance with minimum lot
area and/or minimum land area per unit requirements otherwise applicable to the reconstruction of
multifamily dwelling units in the R-23A district, where such structures and their reconstruction meet all
of the following requirements: (1) the structure was legally in existence on September 8, 1997, (2)
the structure is located upon a lot which does not meet the then-applicable minimum lot area and/or
minimum land area per unit requirements for such proposed reconstruction, and (3) such
reconstruction is restricted to replacement of the structure which has been destroyed. This exemption
shall not apply to: (1) new construction where no replacement of a preexisting structure takes place or
(2) reconstruction of structures which were not legally in existence (as distinguished from legal
nonconforming structures).
GEM5 302 713843 9 3.01 10
Section 8. Wheat Ridge Code of Laws, Section 26-611 "Building Setbacks"
is amended by the addition of a new subsection; the entire section, as amended, to
read as follows:
Sec. 26-611 Building setbacks.
A. Generally, building setback shall be measured at right angles from the closest
property line to the outermost wall of a building. In Residential Zone Districts Only,
encroachments into required setback areas shall not be permitted except as follows, provided,
however, that no encroachment into a side or rear yard is allowed in the NC, RC, C-1, C-2,
or I zone districts when adjacent to a residentially zoned property:
1. Porches, patios, decks and balconies. Porches, patios, decks and balconies
which are open on at least two (2) sides may encroach into a front setback up to
eight feet or into a side or rear yard a maximum of one-third the distance to the
closest property line.
2. Architectural features. Cornices, eaves, beltcourses, sills, canopies or other
similar architectural features, including bay windows, may extend or project into a
required front, side or rear yard not more than thirty (30) inches.
3. Chimneys. Chimneys may project into a required front, side or rear yard not
more than two (2) feet, provided the width of such yard is not reduced to less
than three (3) feet.
4. Fire escapes, open stairways. A fire escape or open stairway may extend into
any front, side or rear yard, provided the width of such yard is not reduced to less
than three (3) feet.
B. If fifty percent (50%) or more of the main buildings within a built-up area in any
district have more or less than the required front yard, each new main building shall have a front
yard consistent with the average building setbacks in the immediate area, except that for the
purpose of computing such average, a front yard in excess of fifty (50) feet shall be deemed to
be fifty (50) feet, and a setback less than fifteen (15) feet shall be deemed to be fifteen (15) feet.
For the purpose of this regulation, an immediate area shall be deemed "built-up" if fifty percent
(50%) or more of the lots within the same block and within two hundred (200) feet on each side
lot line of any particular lot have been improved with buildings. However, in no instance shall a
structure encroach into a required sight distance triangle.
Section 9. Wheat Ridge Code of Laws, Section 26-123 "Definitions" is amended, to
read as follows:
Building, accessory. A subordinate building or portion of a main building the use of which is
incidental to that of the main building on the same lot. These accessory buildings shall
include, but are not limited to, private storage sheds, detached garages, detached
carports, membrane structures that meet current building code requirements, chicken
coops, gazebos, greenhouses and barns. An accessory building must be clearly
subordinate to a main use located on the same lot. Additionally, an accessory structure
shall not be located on a vacant lot devoid of a main building.
GED15 302 713 8439 3.01 11
v
Building, main. The building housing the principal (primary and most important) use(s)
permitted for the lot upon which it is located, and provided that to be classified as one (1) main
building the total structure shall have a continuous roof and must share a common wall of at
least five (5) feet in length.
Section 10. Wheat Ridge Code of Laws, Section 26-204 "Zone District Use
Schedule" is amended, to read as follows:
Accessory Uses For Residential Uses
Notes
Bee Keeping
See § 26-603 and 607
Ancillary uses operating within a
e.g.: Day care centers, scout meetings
church's primary structure
Home occupations
See § 26-613
Accessory buildings
See § 26-123; 605 (excludes keeping of swine);
606. Accessory buildings shall not be located on
a vacant lot devoid of any primary or main
building.
Household Pets, limited to no more
Plus their unweaned offspring
than 3 dogs and 4 cats
Private swimming pools, tennis courts,
See § 26-603
and other recreational facilities
Public and private communications
For satellite earth receiving stations, see § 26-616
towers, television or radio antennae
and § 26-617
Public utility lines and poles, irrigation
channels, storm drainage and water
supply facilities
Rooming and/or boarding of not more
On a contract basis for not less than 7 days
than 2 persons
Water Towers and above ground
Not in excess of 35 feet
reservoirs
Section 11. 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
GED\53027\384393.01 12
further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be attained.
Section 12. Severability• Conflicting Ordinances Repealed. If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in conflict
with the provisions of this ordinance are hereby repealed.
Section 13. Effective Date. This Ordinance shall take effect fifteen days
after final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of g to
0 on this 13th day of October , 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 October 27 , 2003, 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 8 to this 27th day of ortnbpr , 2003.
SIGNED by the Mayor on this 31st day of October 2003.
ATTEST:
Wanda Sang, 01y Clerk
Approved As To Form
r
Ger d E. Dahl, City Attorney
First Publication: October 16, 2003
Second Publication: November 6, 2003
Wheat Ridge Transcript
Effective Date: November 21, 2003
GED\53027\384393.01 13
CITY COUNCIL MINUTES'" OCTOBER 27, 2003 Page -4-
Motion by Mr DiTullio to approve Council Bill 37-2003 (Ordinance 1311) on second
reading and that it take effect 15 days after final publication, seconded by Mr Gokey
and Mr Hanley; carried 8-0
Item 2. COUNCIL BILL 43-2003 -AN ORDINANCE REPEALING AND
REENACTING SECTION 25-24 OF THE CITY OF WHEAT RIDGE CODE
OF LAWS CONCERNING THE APPOINTMENT OF MEMBERS TO THE
URBAN RENEWAL AUTHORITY
Council Bill 43-2003 was introduced by Mr Gokey; executive summary read by the
Clerk; Clerk assigned Ordinance No 1312
Alan White presented the staff report.
Scott Wesley spoke against the ordinance
Charles Durbin was also against the ordinance
Teri Dalbec spoke against the ordinance She stated that if Urban Renewal continues
there should be an even number of people (two) from each district.
Motion by Mr Gokey for approval of Council Bill 43-2003 (Ordinance 1312) on second
reading, seconded by Mr Mancinelli
Motion by Ms Figlus to amend the ordinance by deleting the first two sentences of
Section 25-24 and substituting the following The authority shall consist of eight
members, two of which members being from each of the existing or hereafter altered
city council districts, seconded by Mr Hanley; failed 3-5 with Councilmembers Hanley,
Figlus and DiTullio voting yes.
Mr DiTullio moved to strike the sentence "the at-large members may include one city
council member", seconded by Mr Hanley and Ms Figlus, failed 3-5 with
Councilmembers Hanley, Figlus and DiTullio voting yes
Original motion carried 6-2 with Mr Hanley and Ms Figlus voting no
Item 3 COUNCIL BILL 42-2003 AN ORDINANCE AMENDING CHAPTER 26
PERTAINING TO DEVELOPMENT STANDARDS IN THE RESIDENTIAL
ZONE DISTRICTS
(Case No ZOA-03-09)
Council Bill 42-2003 was introduced by Mr Schneider who also read the executive
summary; Clerk assigned Ordinance No 1313
Travis Crane presented the staff report.
Don MacDougall questioned the changes and the overall benefit.
Charles Durbin asked for clarification on the grand-fathering in of certain setbacks
CITY COUNCIL MINUTES'" OCTOBER 27, 2003 - Page -5
Motion by Mr Schneider for approval of Council Bill 42-2003 (Ordinance 1313) on
second reading, seconded by Mr DiTullio
Motion by Mr Gokey to amend the motion in Sections 1,2,3,4,5,6, and 7 of the
proposed ordinance corresponding to the development standards for R-1 and R-1A, R-
1 B, R-1 C, R-2, R-2A, R-3 and R-3A, respectively, the development standards charts
shall be modified to establish the side and rear yard setbacks for detached
garages/carports and private storage sheds as 5 feet if the height is 8 feet or less above
grade, and 10 feet if the height is over 8 feet from grade, seconded by Mr Mancinelli
Alan White asked for the addition of "finished grade" to Mr Gokey's amendment
Amendment carried 8-0
Motion by Ms Figlus to amend Section 1 (R-1) by changing the minimum side yard set
backs and minimum rear yard set backs on accessory buildings to 15 feet; seconded by
Mr Hanley; carried 5-3 with Mr Gokey, Mr Mancinelli and Mr Edwards voting no
Original motion as amended carried 8-0
Item 5 A. PUBLIC HEARING ON A REQUEST FOR APPROVAL OF A
CONSOLIDATION PLAT
(Case No WS-03-01/WRURA)
B PUBLIC HEARING ON A REQUEST FOR APPROVAL OF A SPECIAL
USE PERMIT TO ALLOW A DRIVE THROUGH
(Case No SUP-03-051WRURA)
Mr Edwards introduced Item 5 A: and 5 B and read the titles City Clerk read the
executive summaries for both items
Travis Crane presented the staff report.
Jeff Bailey, representing Cornerstone Group I Inc, thanked staff for their hard work and
addressed some questions that had come out of neighborhood meetings
Jim Windholz, Attorney for Urban Renewal, was sworn in by the Mayor He gave
background on the proposals received by Walgreen and Eckert and answered
questions throughout the public hearing He stated that there is some pollution on at
least one of the locations We have an agreement so that the Urban Renewal Authority
and the developer share equally in the amount for the clean-up $50,000 maximum
each have been committed for that purpose Revenue Numbers are currently being
compiled and might be available by Friday of this week. The Urban Renewal Authority
does not take property, it pays fair market value for it. If you pay fair market value, by
law you don't have to re-locate people, but that does not mean that the Urban Renewal
Authority will not consider that.
of wHeq, ITEM NO:
PO
m REQUEST FOR CITY COUNCIL ACTION
CO~ORP00
COUNCIL MEETING DATE: OCTOBER 27, 2003
TITLE: AN ORDINANCE AMENDING CHAPTER 26 PERTAINING TO
DEVELOPMENT STANDARDS IN THE RESIDENTIAL ZONE
DISTRICTS (CASE NO. ZOA-03-09)
® PUBLIC HEARING ❑ ORDINANCES FOR 1 ST READING (Date: October 13, 2003)
❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING
❑ RESOLUTIONS
Quasi-Judicial: ® ❑
Yes No
Community Development Director
EXECUTIVE SUMMARY:
City Manager
This Ordinance will amend development standards concerning structures in the residential zone
districts. Many of the changes for primary structures or main buildings are housekeeping in nature.
However, there are changes to the development standards for accessory structures. Most notably, this
Ordinance will reduce the allowable building height for accessory structures in all residential zone
districts and reduce the maximum size for accessory sheds in some of the smaller residential lots to
create a logical tiered progression of accessory structures from the smaller lots to the larger lots. The
minimum required rear yard setbacks for accessory structures have also been modified to, follow this
tiered progression. The minimum required side and rear yard setbacks have been modified so the
setback for accessory structures is dependent upon the height of that structure. A maximum square
footage for metal structures in the residential zone districts has also been established.
Additionally, the definitions cif "accessory building" and "main building" have been modified.
Planning Commission recommended approval at a hearing on August 7, 2003. Their recommendations
are included in the proposed Ordinance.
COMMISSION/BOARD RECOMMENDATION:
Planning Commission heard this case on August 7, 2003 and recommended approval. This Ordinance
has been through several iterations with both Planning Commission and City Council. It was
originated as a result of the Chapter 26 rewrite in 2001. Staff was given direction to investigate
inconsistencies in the Code as a result of public testimony during the Chapter 26 rewrite process.
Planning Commission conducted three public hearings in 2001 regarding this issue, culminating in a
recommendation to City Council in September 2001. City Council tabled the issue indefinitely for
further research.
Planning Commission heard the case twice in 2002, and again continued the case for further
investigation by Staff. There was a period of approximately 8 months during which Staff researched
this issue and crafted a new Ordinance. Planning Commission reviewed the revised Ordinance 3 times
in 2003, resulting in a recommendation of approval to City Council on August 7, 2003.
STATEMENT OF THE ISSUES:
This change to development standards will most likely create new non-conforming structures in the
City. These structures will be allowed to remain, however, if any major modifications are made to
these structures, they will lose non-conforming status and will be required to meet the new code. It is
impossible to know exactly how many structures will become non-conforming as a result of this
Ordinance.
ALTERNATIVES CONSIDERED:
None.
FINANCIAL IMPACT:
There will be no significant financial impact as a result of the new legislation. It could be argued that
as a result of these changes, an increase to variance applications may occur. The fee for variance
applications is approximately $400.
RECOMMENDED MOTION:
"I move to approve Council Bill No. 42-2003, Case Number ZOA-03-09, an ordinance amending
development standards in the residential zone districts in Chapter 26 of the Wheat Ridge Code of
Laws, on second reading to take effect 15 days after final publication."
OR
"I move to table indefinitely Council Bill No. 42-2003, Case Number ZOA-03-09, an ordinance
amending development standards in the residential zone districts in Chapter 26 of the Wheat Ridge
Code of Laws."
Initiated by: Community Development Department
Report Prepared by: Alan White 303-235-2844
Attachments:
1. April 9, 2003 Planning Commission Staff report
2. April 21, 2003 memo to Randy Young
3. May 30, 2003 Planning Commission Staff report
4. August 1, 2003 Planning Commission Staff report
5. Council Bill No. 42-2003
cc:
City of Wheat Ridge OF WHEgT P/
Community Development Department
Memorandum Cp~~RPpO
TO: Planning Commission
FROM: Alan White, Community Development Director' o
SUBJECT: Membrane structures, setbacks, building heights, and number of buildings
DATE: April 9, 2003
Based upon a concern expressed by staff about membrane structures, Council directed staff to look
at not only the issue of membrane structures, but building heights, setbacks, and number of buildings
allowed in residential zone districts. Attached are some pictures illustrating the types of issues that
should be addressed.
Also attached are a chart summarizing the development standards for the various residential zone
districts (Exhibit 1) and a list of what is and isn't allowed in setback areas (Exhibit 2).
Council's direction included looking at a number of individual, but interrelated standards. In order
to frame the Commission's discussion on these topics, what follows is a list of questions/comments
relating to the topics. For some of you certain topics will be deja vu - we discussed residential
setbacks two years ago, but no changes were made to the Code.
Membrane Structures (See attached photo, Exhibit 3):
These structures are more properly called "frame covered structures." A frame covered structure is
defined in the Building Code as "a non-pressurized building wherein the structure is composed of a
rigid framework to support tensioned membrane that provides the weather barrier." A membrane is
a thin, flexible, impervious material and is distinguished from a tent.
These structures have become increasingly popular since they can be used as relatively inexpensive
garages or carports. Until recently, they could not meet building code requirements for snow and
wind loading and were not issued permits. They now met these requirements and permits are being
issued for these structures, provided the setbacks are met. The setbacks for detached garages or
carports are applied.
The issue surrounding the use of these structures is aesthetic. Should they be allowed? If
allowed, are there other setback or height standards that should be applied? Should there be a
size limitation as with detached garages and sheds?
ATTACHMENT 1
Setbacks:
Setbacks in residential areas were discussed two years ago, without any resolution of the issue. The
same inconsistencies still exist in the Code, and these should be changed. See attached memo
(Exhibit 4) for Planning Commission and staff recommendations.
Included in the discussion this time should be the setbacks and heights of allowed accessory
structures, or detached garages and carports and sheds. Note in Exhibit 1 that the side and rear
setbacks for these structures in most zone districts are 5 feet. These regulations result in the situation
shown in Exhibit 5.
Most side and rear setback areas are also utility easements, meaning no permanent structures can be
located in the area anyway.
Consideration should be given to lowering the maximum permitted height for accessory
structures so that they are one-story in height. Another option would be to increase the setback if
the accessory structure is over 10 or 12 feet in height.
From Exhibit 2, are there things permitted in the setback area that shouldn't be permitted?
Fences, landscaping, sidewalks, and driveways are logically located in setback areas, but what
about vehicles and play equipment? See Exhibits 6 and 7.
Consideration should be given to adopting the staff recommendations contained in the January 9,
2001 memo. These involve setbacks for primary structures (dwellings) and clean up existing
inconsistencies in the Code. Retaining the existing language regarding permitted encroachments
is recommended.
Related to the setback issue are the definitions of building height and story. These will need to be
revisited.
One issue that needs a recommendation is the "building-in-line" rule of the non-conforming
provisions. This states that for one and two family structures that don't meet setbacks, the
structures can be enlarged as long as the existing setback is maintained. Last time there was
discussion that for a "pop-top," the setback should be increased for the second story.
A related issue is the use of metal garages and sheds. Metal buildings are not permitted in
commercial and industrial zone districts. No such prohibition exists for residential districts.
Should they be prohibited?
Number of Structures:
Currently there is no limitation on the number of structures permitted on a residential lot. However,
there are two regulations that control how much of a lot can be consumed by buildings. One is the
maximum building coverage percentage. This includes structures, but does not include
improvements such as driveways, sidewalks, tennis courts, other paved surfaces, or decks.
2
The other limitation is the maximum permitted size of a detached garage or carport and a shed.
Garages are permitted to be from 600 to 1,000 square feet and a shed can be a maximum of 400
square feet. The square footage counts towards the building coverage maximum, but the 400 square
feet of shed can be used up with four 100 square-foot sheds.
Historically, the garage and shed square-footages have been allowed to be combined (for a larger
shed or larger garage) as long as the building coverage is not exceeded and the square footage
remains below the combined total allowed. For example, in the R-IA zone district the maximum
combined square-footage permitted for a detached garage and shed is 1,400 square feet. A person
would be allowed to have a 1,200 square-foot detached garage, but only 200 square feet of shed
space.
Should the number of accessory structures be limited? Or should the size per structure be
limited, with only two or three structures permitted? Would the impact of the garage in Exhibit
5 be any less if there were two or three separate structures?
Should the maximum permitted square footages for garages and sheds be lowered?
Should the practice of allowing the use of the combined square-footage for detached garages
and sheds be expressly prohibited in the Code?
Non-conforming Structures:
Any changes in regulations dealing with setbacks, heights, allowable square-footages, and materials
will result in the creation of structures that do not meet the new requirements. Decisions will need to
be made to deal with these situations.
Setbacks, heights, and square-footages are all development standards for which variances can be
requested. If the number of structures is restricted, it will need to be decided if a variance to the
number can be obtained.
Changes to the development standards have the potential to increase the number of variances
requested and thus increase staff workload.
There are two options in dealing with non-conforming situations:
1. Allow the non-conforming situation to exist in perpetuity (grandfather the situation).
2. Require the non-conformity to be brought into compliance within a specified period
of time (amortization). This will be extremely difficult with permanent structures or
where residents have invested in something on their property that they can no longer
use.
EXHIBIT 1
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EXHIBIT 2
RESIDENTIAL SETBACKS
Definition: A setback is that portion of a lot to the front, side, or rear within which permanent structures are
not permitted. It is sometimes referred to as the required yard.
Purpose: Setbacks are established to assure that an effective separation is provided between properties and
uses to foster compatibility, identity, privacy, light, air, ventilation and visual relief.
What can be located in a setback area?
Under Section 26-611, Building setbacks:
• Porches, patios, decks and balconies open on at least 2 sides may encroach into a front setback up to 8
feet or into a side or rear yard a maximum of one-third of the required setback.
• Cornices, eaves, beltcourses, sill, canopies and similar architectural features may extend into a required
yard not more than 30 inches.
• Chimneys may project into a required yard not more than 2 feet, provided the remaining yard is at least
3 feet.
• Fire escapes or open stairways may extend into a required yard, provided the remaining yard is at least
3 feet.
Under section 26-120 C, Non-conforming lots, uses and structures:
• One and two-family structures or customary accessory structures that are non-conforming with respect
to setbacks, may be enlarged so long as the enlargement does not extend beyond the existing setback
line and the lot coverage requirement is met.
Driveways and sidewalks
Swing sets and play structures
Basketball hoops/courts without fence
Landscaping
Parked vehicles (RV's must be 6 feet from the front property line only)
Allowed dumpsters (multi-family uses only)
Side yard setback areas tend to be used for storage of stuff because the minimum 5-foot setback creates a "no-
man's land"
What cannot be located in a setback area?
Any primary structure, addition thereto, deck, or enclosed porch (Required setbacks for each of the residential
zone districts are shown on the attached chart)
Any accessory structure such as a shed, detached garage, gazebo, or membrane structure (Required setbacks for
each of the residential zone districts are shown on the attached chart)
Private recreational facilities such as tennis courts and surrounding fences
Hot tubs, swimming pools
Chicken coops, pigeon coops (setbacks are larger for these types of structures)
CAProjectsVoning amendmenu\Residendal Setbacks\what can and canl.doe
EXHIBIT 3
EXHIBIT 4
City of Wheat Ridge
Planning and Development Department
Memorandum
TO: City Council
FROM: Alan White, Planning and Development Director
SUBJECT: Case No. ZOA 01-02, Residential Setback Standards
DATE: January 9, 2001
During the adoption of Chapter 26, Council gave direction to staff to investigate the
recommendations of WRUN pertaining to residential setbacks and exceptions thereto. No
changes were made to the required setbacks during the re-write of Chapter 26. The setbacks are
shown in the following table.
Residential Setback Requirements
Zone District
Side Setback'
Rear Setback `
Lot Width
R-1
Single Family
15'
15'
100'
R-1 1A
Single Family
15'total 2 sides; 5' min.
15'
75'
R-1 B
Single Family
15'total 2 sides; 5' min.
10'
60'
R-1 C
Single Family
57story
10'
50'
R-2
Single Family
15'total 2 sides
10'
75' (80' corner lot)
Duplex
15'total2 sides
10'
100'
R-2A
Single Family
57story
10'
60' (80' corner lot)
Duplex
57story
10'
75' (80' corner lot)
Multi-Family
57story
10'(+5'/story >2)
100'
R-3
Single Family
5'
10'
60' (80' corner lot)
Duplex
5'
10'
75' (80' corner lot)
Multi-Family
15'(+ 57story > 2) "
10'(+ 57story >2) "
100'
R-3A
Single Family
5'
10'
60' (80' corner lot)
Duplex
5'
10'
75' (80' corner lot)
Multi-Family
15'(+ 57story > 2) "
10' (+5'/story > 2)
100'
The setback is increased to 30' when adjacent to a public street.
" Footnote to the chart is confusing and doesn't reflect the requirements listed in the development standards chart.
Planning Commission recommendations were to:
1. Change the R-lA side setback to 10 feet.
2. In all other residential zone districts for single family and duplex structures, change
the side yard setback requirement to require 5 feet per story.
3. Reconcile the footnotes and figures in the tables for multi-family dwellings in the R-3
and R-3A districts by changing the side and rear setbacks to 15 feet for the first 2 stories
plus 5 feet per story for structures above 2 stories.
4. Change the setback exceptions to limit the permitted encroachments into required side
yards to 5 feet. (Any permitted encroachment must be a minimum of 5 feet from the
property line.)
Staff recommendations are:
(Changing setbacks in zone districts should be done only after careful consideration.
Once changed, there will be structures that will become non-conforming. However, the
non-conforming provisions of the Code exempt one- and two-family structures from the
`ho enlargement, alteration, or addition restriction. " This is not the case for multi-
family dwellings.)
1. Originally staff recommended changing the R-IA side setback to 10 feet. A footnote
was overlooked in the chart and the actual required side setback is 15 feet total both sides,
with a minimum of 5 feet on one side. (It is shown correctly in the table on the first
page.) 10 feet still makes sense from the standpoint of having decreasing setbacks as lots
get smaller, but the current requirements aren't as out of line as originally presented.
2. Change the side setbacks in the R-2A, R-3 and R-3A districts to require 5 feet per
story for one- and two family structures. While on the surface this appears to limit the
ability for homeowners to construct additions to existing homes, there is a provision in
the code that allows additions to be built "in line" with existing walls of structures, even if
setbacks are not met. The addition can encroach no further than the existing structure. I
have interpreted this to include building in line vertically as well as horizontally.
Otherwise, additions and "pop tops" on narrower lots in the City would be difficult.
3. Reconcile the footnotes and figures in the tables for multi-family dwellings in the R-3
and R-3A districts by changing the side and rear setbacks to 15 feet for the first 2 stories
plus 5 feet per story for structures above 2 stories.
4. The setback exceptions in Section 26-611 should remain as currently written, except
add the following language to (b): "provided, however, that no encroachment to a side or
rear yard is allowed in the NC, RC, C-1, C-2, or I zone districts when adjacent to a
residentially zoned property."
C:\MyFiles\WPFIes\Projecr \zoning amendmenbVe setbacks cc ss memo.wpd
EXHIBIT 5
EXHIBIT 6
EXHIBIT 7
City of Wheat Ridge of "HEgTP
Community Development Department
Memorandum ~~C pRP~~
TO: Randy Young, City Manager
FROM: Alan White, Community Development Director
SUBJECT: Planning Commission Recommendations Re: Membrane Structures, Setbacks, Etc.
DATE: April 21, 2003
Planning Commission considered these various topics at a workshop on April 17, 2003. The
following is a summary of their recommendations:
1. Membrane Structures - The Commission recommended no change to the current practice
of allowing these structures if snow and wind load requirements are met and to treat them
as detached garages or carports. Apply the appropriate garage/carport setbacks and
height restrictions. The footprint counts toward the detached garage maximum square
footage and toward the building coverage limit.
2. Setbacks - The same recommendations as two years ago in dealing with setbacks for
main structures and encroachments were recommended again. (See attached memo.)
The Commission recommended further study of 1) the "building in line" rule as is applies
to pop tops and 2) maximum height and setback requirements for accessory structures.
They requested that staff investigate how surrounding communities address both issues.
The Commission recommended waiting for the recommendations of the RV Parking
group to formalize their recommendations before the Commission addressed the issue of
parking vehicles in setback areas. Other than vehicle parking, the Commission
recommended not making any changes to what can and can't be located in a setback area.
Number of Structures - The Commission recommended not setting a limit on the number
of structures permitted on a lot. Building coverage already addresses how much of a lot
can be covered with structures. It was recommended to investigate surrounding
jurisdictions' regulations for any restrictions on maximum garage and shed sizes and/or
limitations on the accessory structures.
4. Non-conforming Structures - Although not included in the direction of Council, this
issue is one that will be an outcome of any changes to existing regulations. Amortizing
or grandfathering structures are the two options and Planning Commission recommended
addressing the issue after the current legislative session ends in order to know the fate of
the proposed amortization legislation.
ATTACHMENT 2
CAProjectsVoning amendments\Residential Setbacks\apr W pc recommendations.doc
City of Wheat Ridge of ""EgTP
Community Development Department
Memorandum c~C pRp0~
TO: Planning Commission
FROM: Alan White, Community Development Director
SUBJECT: Case No. 03-09; Residential Setbacks, Accessory Structures and Number of
Structures
DATE: May 30, 2003
Please note: This agenda item has been noticed as a public hearing; however, staff is requesting
discussion on the topics with direction given to come back with the Planning Commission
recommendations in ordinance form at either the June 19th or July 17th meeting.
The following is a summary of staff recommendations regarding setbacks in residential zone
districts. The changes incorporate most recommendations from Planning Commission from two
years ago when this was looked at by the Commission and re-affirmed in April of this year. Also
proposed are changes to the setback requirements, maximum heights and for detached
garages/carports and sheds.
Two years ago a change to the definition of building height was proposed. This cannot be
accomplished through an ordinance amendment because the Charter contains a definition of building
height which is:
"The vertical distance measured from the average elevation of the finished grade of the
building to the highest point of the roof surface if a flat roof, to the deck line of a mansard
roof, and to the mean height level between eaves and ridge for a gable, hip, gambrel or other
roof
Attached is a chart summarizing the development standards for the various residential zone districts
(Exhibit 1).
Setbacks for One Family Dwellings:
Setbacks in residential areas were discussed two years ago, without any resolution of the issue. The
same inconsistencies still exist in the Code, and these should be changed. Proposed changes are
discussed below.
Planning Commission recommendations from two years ago were:
1. Change the R-lA side setback to 10 feet.
ATTACHMENT
2. In all other residential zone districts for single family and duplex structures, change the
side yard setback requirement to require 5 feet per story.
3. Reconcile the footnotes and figures in the tables for multi-family dwellings in the R-3 and
R-3A districts by changing the side and rear setbacks to 15 feet for the first 2 stories plus 5
feet per story for structures above 2 stories.
4. Change the setback exceptions to limit the permitted encroachments into required side
yards to 5 feet. (Any permitted encroachment must be a minimum of 5 feet from the
property line.)
Staff recommendations were and still are:
1. Change the side setbacks in the R-2A, R-3 and R-3A districts to require 5 feet per story
for one- and two family structures. While on the surface this appears to limit the ability for
homeowners to construct additions to existing homes, there is a provision in the code that
allows additions to be built "in line" with existing walls of structures, even if required
setbacks are not met. The addition can encroach no further than the existing structure. This
has been interpreted to include building in line vertically as well as horizontally. Otherwise,
additions and "pop tops" on narrower lots in the City would be difficult. This interpretation
should remain so that only new one- and two family structures in the R-2A, R-3, and R-3A
districts would be required to meet the 5 feet per story setback.
2. Reconcile the footnotes and figures in the tables for multi-family dwellings in the R-3 and
R-3A districts by changing the side and rear setbacks to 15 feet for the first 2 stories plus 5
feet per story for structures above 2 stories.
3. The setback exceptions in Section 26-611 should remain as currently written, except add
the following language to (b): "provided, however, that no encroachment into a side or rear
yard is allowed in the NC, RC, C-1, C-2, or I zone districts when adjacent to a residentially
zoned property."
Setbacks for Accessory Structures
The discussion in April ended with the Commission requesting information on the regulations of
surrounding communities. Exhibits 2 and 3 summarize the setbacks and heights of allowed
accessory structures and detached garages and carports in various jurisdictions surveyed. Note in
Exhibit 1 that the side and rear setbacks for these structures in most zone districts are 5 feet in Wheat
Ridge. Most side and rear setback areas are also utility easements, meaning no permanent structures
can be located in the area anyway.
Note that although the requirements for some jurisdictions for garages and sheds appear to be the
same, the jurisdiction may treat both structures under an umbrella category of "accessory structure."
Blanks in the chart indicate that no information could be found for the particular development
standard.
The standards for these structures vary from jurisdiction to jurisdiction as can be seen from the
charts. Due to the impacts these structures may have on adjacent properties, consideration should be
2
given to lowering the maximum permitted height for sheds. The issue is not as simple with garages.
Heights may need to be larger to accommodate large vehicles such as RV's.
Setbacks should be changed, but the new requirement needs to be easy to administer. Consideration
should be given to establishing setbacks for sheds and garages in a manner similar to signs: If less
than X feet in height, the setback is 5 feet; from X to Y feet in height, the setback is 10 feet; from Y
to the maximum height, the setback is 15 feet. The height and setback requirements should be the
same for all residential zone districts.
The use of prefabricated metal-sided buildings should be prohibited for sheds and garages greater
than 120 square feet. There are new products now available and you can get rubber and vinyl sheds.
Should there be any prohibition on the use of these types of structures?
Number of Structures:
The Commission requested that limitations on the number of allowed accessory structures be
researched also. Exhibits 2 and 3 include the restrictions of the surveyed jurisdictions and, as with
the other standards, they vary.
In Wheat Ridge there are two regulations that control how much of a lot can be covered by
buildings. One is the maximum building coverage percentage. This includes structures, but does not
include improvements such as driveways, sidewalks, tennis courts, other paved surfaces, or decks.
The other limitation is the maximum permitted size of a detached garage or carport and a shed.
Garages are permitted to be from 600 to 1,000 square feet and a shed can be a maximum of 400
square feet. The square footage counts towards the building coverage maximum, but the 400 square
feet of shed can be used up with four 100 square-foot sheds.
It makes sense to relate the allowed square footage of accessory buildings to the size of the lot. The
current regulations permit the same size shed (400 square feet) in all single family zone districts.
Consideration should be given to limiting the combined square footage of sheds and detached
garages/carports to a percentage of the lot. The building coverage percentages should remain
unchanged. This will limit the amount of building square footage in proportion to the building lot.
Historically, the garage and shed square-footages have been allowed to be combined (for a larger
shed or larger garage) as long as the building coverage is not exceeded and the square footage
remains below the combined total allowed. With a percentage of lot as a maximum and the
maximum building coverage, a homeowner could use the square footage for whatever kind of
structure was desired.
Summary of Recommendations
1. Change the side setbacks in the R-2A, R-3 and R-3A districts to require 5 feet per story for
one- and two family structures. Maintain the existing interpretation of "building in line" so
that the new setback requirement doesn't apply to pop-tops.
2. Reconcile the footnotes and figures in the tables for multi-family dwellings in the R-3 and R-
3A districts by changing the side and rear setbacks to 15 feet for the first 2 stories plus 5 feet
per story for structures above 2 stories.
3. Keep the setback exceptions in Section 26-611 as currently written, except add the following
language to (b): "provided, however, that no encroachment into a side or rear yard is allowed
in the NC, RC, C-1, C-2, or I zone districts when adjacent to a residentially zoned property."
4. Lower the maximum permitted height for sheds to 10 feet and for garages to 15 feet.
Increase the side and rear setback such that if the shed or detached garage/carport is less than
X feet in height, the setback is 5 feet; between X and Y feet in height, the setback is 10 feet;
and over Y feet up to the maximum height, the setback is 15 feet. The height and setback
requirements should be the same in all residential zone districts.
5. Limit the combined square footage of sheds and detached garages/carports to a percentage of
the lot. The building coverage percentages should remain unchanged.
6. Prohibit the use of metal buildings greater than 120 square feet in size in residential zone
districts.
Recommended Motion:
"I move to continue the public hearing on Case No. 03-09 to date and to request staff to
prepare an ordinance with the following recommendations for changes:
1.
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City of Wheat Ridge of ""EgrP
Community Development Department
Memorandum c~~OR A00
TO: Planning Commission
FROM: Alan White, Community Development Director
SUBJECT: Case No. ZOA 03-09, Residential Setbacks
DATE: August 1, 2003
The public hearing for this case was continued on June 5, 2003 to an indefinite date. The case has
been re-noticed for a public hearing on August 7, 2003.
At the June 5a' hearing, Planning Commission recommended that staff prepare an ordinance to
address the following setback issues and changes. See attached minutes of that meeting.
1. Change the side setbacks in the R-2A, R-3 and R-3A to 5 feet per story for one and
two family structures. Maintain the existing interpretation of "building in line" so
that the new setback requirements don't apply to pop-tops.
2. Reconcile the footnotes and figures in the tables for multi-family dwellings in the R-3
and R-3A districts by changing the side and rear setbacks to 15 feet for the first 2
stories plus 5 feet per story for structures above 2 stories.
3. Keep the setback exceptions in Section 26-611 as currently written, except add the
following language to (b) (should be A): "provided, however, that no encroachment
into a side or rear yard is allowed in the NC, RC, C-1, C-2 or I zone districts when
adjacent to a residentially zoned property."
4. Lower the maximum permitted height for sheds to 10 feet and for garages to 15 feet
increase the side and rear setback such that if the shed or detached garage/carport is
less than X feet in height, the setback is 5 feet; between X and Y feet in height, the
setback is 10 feet; and over Y feet up to the maximum height, the setback is 15 feet.
The height and setback requirements should be the same in all residential zone
districts. (Staff was to propose what X and Y would be.)
5. Limit the combined square footage of sheds and detached garages/carports to a
percentage of the lot. The building coverage percentages should be similar to those
of the City of Aurora.
6. Prohibit the use of metal buildings in excess of 120 square feet in residential zone
districts.
ATTACHMENT 4
The attached ordinance contains the changes. Deleted language or requirements are shown with a
trtiket hre,.ig and new language or requirements are shown in bold. There were a few other
suggestions by Planning Commission that were not included in the motion and these are discussed in
the following paragraphs.
Setbacks for Main Buildings
The changes to R-3 and R-3A to require 5 feet per story for single and two-family structures have
been made. (R-2A already contains this requirement.) The footnotes and charts for R-3 and R-3A
have been reconciled to require for both the side and rear yard setbacks 15 feet for the first two
stories, plus five feet for each story thereafter.
Staff is recommending reconsideration of the side yard setback for the R-1 A district. The original
recommendation was to change it to 10 feet. This change would provide a consistent setback
scheme where setbacks decrease as lot sizes decrease.
Following this same logic, the RAC side setback should be changed. The side setback is 5'/story.
This is the only single family district with this requirement and it applies in the district with the
smallest minimum lot size (5,000 square feet). Consideration should be given to changing the
requirement to 5 feet or the R-113 requirement of 15 feet total on two sides with a 5-foot minimum.
Accessory Buildings
The recommended changes have been made for the maximum heights of sheds and detached garages
and carports as 10 feet and 15 feet, respectively.
Although staff originally recommended 15 feet for garages, consideration should be given to
reducing this to 12 feet for two reasons: 1) the height of a building with a pitched roof is measured
to the mid-point of the ridge and eave which could result in a garage measuring 20 feet to the
ridgeline with a typical roof slope of 5/12; 2) it would discourage garages built with "storage space"
in the rafter area that transforms into a second living unit years later.
Staff has filled in the X and Y values for garage/shed setbacks. If the garage height is limited to 12
feet, there can be a very simple requirement: any structure less than 7 feet must meet a 5-foot
setback; any structure over that must meet a 10-foot setback. (Maximum heights are 10 feet and 15
(or 12) feet.) Our goal is to make regulations easy to administer and remember. These are the same.
setbacks required for freestanding signs in commercial districts.
The Commission recommended to not limit the number of accessory structures on a lot, but rather to
limit the percentage of lot that could be covered by garages and sheds. Upon further reflection, staff
is concerned that information may not be available to the applicant in order to make the percentage
calculation. A resident would need the size of the lot and the square footage of all building
footprints. In many instances in older parts of the City the Assessor and City records will not
contain this information. In lieu of this proposal, staff is suggesting decreasing the maximum shed
square footage to 300 and 200 square feet in the R-B and R-IC zone districts, respectively.
Historically, the shed and garage square-footages have been allowed to be combined. This is not in
the regulations and was a policy decision by previous directors. The practice will be stopped under a
revised policy.
Definitions
The definition of "building, accessory" has been expanded with the addition of: "including but not
limited to detached garages, detached carports, sheds, gazebos, membrane structures, greenhouses,
chicken coops, and barns."
The definition of "building, main" has been amended to require that to be considered attached, a
structure must have at least a length of five feet of common wall with the main building in addition
to the continuous roof requirement. Five feet provides a minimum distance to install a door. Adding
the common wall provision decreases the possibility (and we've seen it) of proposing a gigantic
breezeway so that the "attached garage" can be 35 feet in height and larger than 1,000 square feet.
Setback Exceptions
The change has been made to Section 26-611 to prohibit setback encroachments in commercial and
industrial zones when adjacent to a residential zone district.
It was staffs understanding that the Commission did not recommend regulations to change what is
currently allowed or not allowed in setback areas. The issue of setbacks for RV's should be
addressed when the RV subject is brought back for the Commission's consideration.
Other Changes
The Commission recommended that metal accessory structures be limited to a maximum size of 120
square feet. This appears as a footnote in the chart for each zone district.
Footnotes have been combined or eliminated in an effort to simplify the charts. The elimination of a
footnote does not mean the requirement has been eliminated, it simply means the requirement is
found elsewhere in the code. For example, the landscape requirement is found in Section V under
Landscaping requirements. There is no need to footnote these requirements.
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No.
Ordinance No.
Series of 2003
TITLE: AN ORDINANCE AMENDING CHAPTER 26 PERTAINING TO
DEVELOPMENT STANDARDS IN THE RESIDENTIAL ZONE
DISTRICTS.
WHEREAS, the Council has recently approved a comprehensive revision of
Chapter 26 of the Code of Laws, concerning land use, zoning and development,
and
WHEREAS, the Council wishes to amend the development standards in
individual zone districts pertaining to setbacks;
WHEREAS, there are certain inconsistencies in the development standards;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO:
Section 1. Wheat Ridge Code of Laws, Section 26-206 Residential-One A
District (R-1A) is hereby amended to read as follows:
Sec. 26-206 Residential One District (R-1).
A. Intent and Purpose: This district is established to provide high quality, safe, quiet,
and stable low density residential neighborhoods, and to prohibit activities of any nature which
are incompatible with the low-density residential character.
B. Development Standards:
One-family dwelling
Group home
Minimum
Maximum
Minimum
Minimum
Front
Minimum
Minimum
Maximum
Building
Lot
Lot
Yard
Side Yard
Rear Yard
Height
Coveragew
Area
Width
Setback
Setback'
Setback".)
35'
25%
12,500
100'
30'0!6!
15'
15'
sf
35'
25%
12,500
100'
30'x!_6:!
15'
15'
sf
ATTACHMENT 5
GED\53027\384393.01
Minimum
Maximum
Minimum
Minimum
Front
Minimum
Minimum
Maximum
Building
Lot
Lot
Yard
Side Yard
Rear Yard
Height
Coveragew
Area
Width
Setback
Setback"'
Setback"'
Acgessory Buildngs.(e!
Detached garage or carpor
t' 15`
1,000 sf
12,500
100'
30'~1b)
5 d .T
5'
sf
1lrheight
heig°kii90'
40' d=>
if.--'7' in
7 ,ain
height
hoigfif
Private storage shed
2-04,
400 sf
12,500
100'
30'
5,~ (`!ir
5,4a'10:
T:
sf
7 in
ihtffeightp
heigli;
1Q' iE>7?
4014
in
-heigh
t
Churches, schools, government
and quasi-government build-
ings golf courses wpa11I•day
35'
25%
1 acre
200'
30'
15' ~V"._i
20'
care center, .and nyieing,,
ePderl and ,0 gregat__" Are
horires
All other uses
35'
25%
12,500
100'
30'16)
15'
sf
(a) Any side or rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for
all structures.
(b) ARY FeaF yaFd whieh abuts a puhlis street shall IIA-P 2 MiRiMUM qpthAnk of thirty (30) feet fop-a#
StFUeWFes.
(,a) tiS Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten
00) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.)
44# fc_ 1 Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet
from property lines and at least thirty (30) feet from a residence on an adjacent parcel.
4e) (d} Fifteen-foot setback for the first story and five (5) feet for each additional story.
(f) Poultry heuses and pigean seeps are limited tn a mAximum height of twelve (12) feet.
(g) Minimum twenty five peFGent (26%) landseapiRg Fequired on site. (See section 26 602.)
(h) Minimum ten (10) feet of landseapiRg is FeeluiFed within the fFARt and side yaFd setbacks adjaeent to
public Streets. (Se - seetian 26 602-)
fe)...r ,..~Netal °Barldmgsover ll,! square, eet:itS size aranpfperrrlitte
Sec. 26-206 Residential-One A District (R-1 A).
A. Intent and Purpose: This district is established to provide high quality, safe, quiet
and stable low-density residential neighborhoods, and to prohibit activities of any nature which
are incompatible with the low-density residential character.
B. Development Standards:
One-family dwelling
Group home
Maximum
Height
35'
35'
Minimum
Maximum
Minimum
Minimum
Front
Minimum
Minimum
Building
Lot
Lot
Yard
Side Yard
Rear Yard
Coverage"
Area".1
Width10 r°)
Setback
Setback lal
Setbackww
30%
9,000 sf
75'
30'~'~
9Q`-5'~
15'
30%
9,000 sf
75'
30'x(6)
NOW r5 w
15'
GED\53027\384393.01 2
Minimum
Maximum
Minimum
Minimum
Front
Minimum
Minimum
Maximum
Building
Lot
Lot
Yard
Side Yard
Rear Yard
Height
Coverage"
Area~l F°?
WidthO"8~
Setback
Setback"'
Setback
Accessory, Buildings (f}
Detached garage or carport
28 talk
1,000 sf
9,000 sf
75'
30'x'^!
5 d 'T
5' if. T it
m heigfiY
heigl?f,.1~0y
10 `if
rf ?7`1r
>7 Eii
height
hetgltt
Private storage shed
2-0 X7.0.' ~
400 sf
9,000 sf
75'
30'
5
z,.
5 ~ 5! fi, .Z`
7:in
r
m.hei~ht
he~gtit
10 -if:7>:T
10 if
m"height
helgftt
Churches, schools, government
and quasi-government build-
ings , golf courses srhall-da''
35'
30%
1 acre
200'
30'
15'OMW
20'
care center, r and' nlfis~n
e►cleiEy and congregate cina
homes
All other uses
35'
30%
9,000 sf
75'
30'x'!'?
10?, rali~
15'
(a) Any side 0rear yard wh
ich abuts a public street s
hall have a
minimum setback of thi
rty (30) feet
for
all structures.
(b) AAY FeaF yaFd which abuts a public Street she!' have a miRim-im npthApk af thiFty (30) feet feF-a44
structures.
(c) !h) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten
(10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.)
(d) A tatal ef fifteen (16) feet side yard setback for every iRdql'Fd--Rl 'At With A m6n6mwm ef five (6) feet on
one (1) side.
1e4 (c), Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet
from property lines and at least thirty (30) feet from a residence on an adjacent parcel.
(44 (d) Fifteen-foot setback for the first story and five (5) feet for each additional story.
(0) Poultry houses and pigeon GOOPS RFP 1iM4RFJ to R MA)EiFAUFA height ef twelve 0 2) feet.
0
(h) Minimum twenty five peFeent M n mum ten 0 0) feet ei landseaping as FeqUiFed within the front and side yard setbacks adjaGent te
publie stFeets. (See section 26 602.)
4j1(e} Corner lots shall have a minimum of nine thousand six hundred (9,600) square feet and a minimum lot
width of eighty (80) feet for both street frontages.
MetaE aocessorjisgild~ngs o„v_et 120quareeey m seigre not,peemitTad_
Section 2. Wheat Ridge Code of Laws, Section 26-207 Residential-One B
District (R-1 B) is hereby amended to read as follows:
Sec. 26-207 Residential-One B District (R-1 B).
A. Intent and Purpose: This district is established to provide high quality, safe, quiet
and stable small lot, low-density residential neighborhoods, and to prohibit activities of any
nature which are incompatible with the low-density residential character.
B. Development Standards:
GED\53027\384393.01
One-family dwelling
Group home
,~ceassory atifldings;.fg)
Detached garage or carport
Private storage shed
Churches, schools, government
and quasi-government build-
ings, golf courses siriali'ilay
Hare denier nand nnt'sing.
e,Iderly_ and, gpngrega~'e.~cari
iiooes
All other uses
Minimum
Maximum
Minimum
Minimum
Front
Minimum
Minimum
Maximum
Building
Lot
Lot
Yard
Side Yard
Rear Yard
Height
Coverage"
Area
Width4(!_)
Setback
Setback"'
Setback
lal
35'
40%
7,500 sf
60'
30'~(bl
5'~(c!
10'
35'
40%
7,500 sf
60'
30"&1b1
5' WW
10'
28 tv!
600 sf
7,500 sf
60'
30'w'b!
5 &,:7 T
5' if' T-..
in heiyk t
in height,
7 =in
Tin
height
h@ig_h
29' t
40030,Q sf
7,500 sf
60'
30'
5 ~("if,
5'~~?~iif~
Z'~<it
7"id
height;
height_
iQ' if'~
1'0' if >4
7 ;in
7 .in...
f* ht
height
35'
40%
1 acre
200'
30i
15
20'
35'
40%
9,000 sf
60'
30'~Ib)
5'Nx 1c=!
10'
(a) Any side 6i reaY yard which abuts a public street shall have a minimum setback of thirty (30) feet for
all structures.
(b) Any FeaF yaFd whieh abuts a Publin street shAll have R m'nirn-irn qpthapk of thiFtY (30) feet fo"
{s} (b) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten
(10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.)
4d4 (c) A total of fifteen (15) feet side yard setback for every individual lot with a minimum of five (5) feet on
one (1) side.
4a+ (4) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet
from property lines and at least thirty (30) feet from a residence on an adjacent parcel.
ff/ (el Fifteen-foot setback for the first story and five (5) feet for each additional story.
(g) POU14y heuses and pigeon seeps mFp limited tR A maximurn height of twelve (12) feet.
fit (f); Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages
(61 Metat accesspry,bGddmgs:oyer i~~aAirare feet 1q,sze are potrzpatmitted;
Section 3. Wheat Ridge Code of Laws, Section 26-208 Residential-One C
District (R-1 C) is hereby amended to read as follows:
Sec. 26-208 Residential-One C District (R-1 C).
A. Intent and Purpose: This district is established to provide high quality, safe, quiet
and stable, medium-density single-family residential neighborhoods, and to prohibit activities of
any nature which are incompatible with the medium-density residential character.
GED\53027\384393.01 4
B. Development Standards:
One-family dwelling
Group home
Accessory,Buddng's[e)
Detached garage or carport
Private storage shed
Churches, schools, government
and quasi-government build-
ings, golf coursesi srrlai);wdaY
cant center , andriu`sing,
efdeNy and congregate care
dames
All other uses
Minimum
Maximum
Minimum
Minimum
Front
Minimum
Minimum
Maximum
Building
Lot
Lot
Yard
Side Yard
Rear Yard
Height
Coverages'
Area
Width
Setback
Setback law
Setbac&
35'
40%
5,000 sf
50'
30'w(bl
5' M
4-0' 5?.
35'
40% -
5,000 sf
50'
30-wN
5' M
-1-0' Sit
29' 15`
600 sf
5,000 sf
50'
30'w rb,!
5 d 73 in
-19' S; if
heigFt'10'
7`'in
if >~:T~3d
height';.
height
10'=:if
75 in
Height
20' 10'01
409 200 sf
5,000 sf
50'
30'
5'"(c)jf
5"!94
id
Tin
Herght i10
Height;:
.
lb", if >
6019 ht
in
height
35'
40%
1 acre
200'
30'"
15'"
20'
35'
40%
5,000sf
50'
30'x!":l
5"
10'
(a) Any side ourea yard which abuts a public street shall have a minimum setback of thirty (30) feet for
all structures.
(b) Any Few VaFd WhiGh abUtS a PUbliG StFeet shall have a. minimJffl qsthnPk of thirty (30) feet faF~14
fc; Ili[ Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten
(10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.)
441 (cl Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet
from property lines and at least thirty (30) feet from a residence on an adjacent parcel.
(e) Minimum `she Fist-steryand live (6) feet faF ^ash additional sterY.
pigeen seeps aFe limited te a maximum height of tyialyp, 0 2) f pet.
l..\ f. /I:..:........ t.......t.. 5:.... /7C0/ \ I.....J---- :.....,.,...:...d ..:t.. /C.... ..art: 7R. cno \
4+1 tl) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages
teY , Metai'asoessory I>uildmgs ouer 1 q sgria a ieet'in size are tfo _Atmitta
Section 4. Wheat Ridge Code of Laws, Section 26-209 Residential-Two
District (R-2) is hereby amended to read as follows:
Sec. 26-209 Residential-Two District (R-2).
A. Intent and Purpose: This district is established to provide high quality, safe, quiet
and stable low to moderate-density residential neighborhoods, and to prohibit activities of any
nature which are incompatible with the residential character.
B. Development Standards:
GED\53027\384393.01 5
Maximum
Height
One-family dwelling 35'
Two-family dwelling 35'
Group home 35'
IA 11--sort' di - tgs [g)
Detached garage or carport 1iv
Private storage shed 24W 1'0
Churches, schools, government
and quasi-government build-
ings golf courses sma))' day 35'
caf- Fenter, ~j end n kaio;,
elderly and;'siingregate„kcare
hirnes
All other uses 35'
Maximum Minimum Minimum
Building Lot Lot
Coverageu Area Width'Pl!
40%
40%
40%
1,000 sf
per unit
400 sf
9,000 sf 75'1'r'
12,500 100'
sf
9,000 sf 75'
9,000 sf 75'
9,000 sf 75
40%
40%
1 acre 200'
9,000 sf 75'
Minimum
Front
Yard
Setback
30'w (b)
30'~ ini
30'~ rel
30'w Itil
30'
Minimum
Minimum
Side Yard
Rear Yard
Setback's'
Setback'
(af
1} lij
10'
&TA W
10'
=i
10'
5
5' if.'7`..
m height
m heCgh~.
10 if >
Jic "jf
7' in
7' in
tieigllt
height
5'~Wif 5,~ d)if
7`°'ir)
7' in
heighf;;
height;
i0'if>
90'if Y
7"
T:p
height
height
30'"' 15'4m is
20'
30'w ll l
10'
(a) Any side or rear, yard which abuts a public street shall have a minimum setback of thirty (30) feet for
all structures.
(h) Any FeaF yaFd which abuts a PUMP RtFPPt shall have a. minimurn Rethnnk of thiFty (30) feet fm~"
4c4 (b) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten
(10) feet for those portions of lots which abut a cul-de-sac bulb. ISee Figure 26-123.3.)
fd) (c) A total of fifteen (15) feet side yard setback for every individual lot with a minimum of five (5) feet on
one (1) side.
fe) fd) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet.
ff) (E) Fifteen-foot setback for the first story and five (5) feet for each additional story.
(9) Poultry houses and pigeen seeps are limited to a mmmimurn height of twelve (12) feet.
"I nn--- aloco/I1--A---- ;.....-;-A._
fi) ifl Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages
(g), 1)!(efat;accessory,hpddings-over z0 squ""are feet ni s_A9 ace no[ petmitteil
Section 5. Wheat Ridge Code of Laws, Section 26-210 Residential-Two A
District (R-2A) is hereby amended to read as follows:
Sec. 26-210 Residential-Two A District (R-2A).
A. Intent and Purpose: This district is established to provide high quality, safe, quiet
and stable medium-density residential neighborhoods, and to prohibit activities of any nature
which are incompatible with the medium-density residential character.
GED\53027\384393.01 6
B. Development Standards:
Maximum Minimum
One-family dwelling
Two-family dwelling
Multifamily (3/more dwelling
units)
Group home
Detached garage or carport
Private storage shed
Churches, schools, government
and quasi-government build-
ings, golf courses small. daK
care .center e and E"nOu
. il" efdeily and congregate°cae
Homes
All other uses
Maximum
Building
Lot
Height
CoverageN
Area
35'
40%
7,500 sf
35'
40%
9,000 sf
35'
40%
13,050
sf~ (fl
35' 40%
2-W 600 sf
(per unit)
20-'I 400 sf/
4 d.u.
35' 40%
35' 40%
Minimum
Minimum
Front
Minimum
Lot
Yard
Side Yard
Width
Setback
Setback 1a)
60'e ls(
30'~M
5 'pe5
sSRry
75'(w ri
30'~*
_
5' poi
St,OQy ~
100'
30'
5' Plot
story
9,000 sf 75'
9,000 sf 75'
9,000 sf
1 acre
9,000 sf
75
30'
30'~ 1b1
30'
200' 30'"
7 5'(k4 NO 30'
5' pet
stgry W
5' if T
[refight
in
T.o
height
5,(~ lazif:,;
helgllt
10 .;IF.
height
15'"' Iel
Minimum
Rear Yard
Setback
!aI
10'
10'
10' for
o7e"oY
tW' story
btiillings;
1.5' fo
tfiree
SteCy
buildings
0
10'
5' if :T
inheightfieigFit
5.~ Im:if;;.
T=Pe
height,.
7r: it
Height
20'
10'
(a) Side VaFd setbaek shall be five (6) feet per story except. Any side yard which abuts a public street
shall 1 aye a Fninimum etbaGk of thiFt . (30) feet far e
4b1 {a) Any Sid@ of rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for
all structures.
i+(H) Front setbacks for one- or two-family dwelling structures on lots or portions of lots which abut cul-de-
sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See
Figure 26-123.3.)
W(c) A minimum of four thousand three hundred fifty (4,350) square feet of land area shall be required for
each dwelling unit for multifamily buildings.
4e)-(d) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet.
4)-(e) Fifteen-foot setback for the first story and five (5) feet for each additional story.
(~9p)~ o.. y he and pigeaR seeps are limited to a rn height of twelve (12) feet.
(+-r( Minimum twenty five peFeeet (26%) aping _ an site. (See ___-._n 26_502
Minimum !an (10) leet of laRGISGapinq is required within the front and sidA VaFd setbacks adjaeent to
bliS S (See e e oc ono )
(j) ReaF YaFEIS f9F building whieh exceed two (2) stGFes shall be increased fivp (6) feet for Oaeh additional
e (2) . stories.
GED\53027\384393.01 7
W (g} Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages.
44 f i) Reserved
ti) Metalaccessnry-brldmgs,ouer 120 syriare-feet msie are'ndt permitted;
NOTE: The requirements of section 26-120 44311C! (2) shall not apply to require compliance with minimum lot
area and/or minimum land area per unit requirements otherwise applicable to the reconstruction of
multifamily dwelling units in the R-2A district, where such structures and their reconstruction meet all
of the following requirements: (1) the structure was legally in existence on September 8, 1997, (2)
the structure is located upon a lot which does not meet the then-applicable minimum lot area and/or
minimum land area per unit requirements for such proposed reconstruction, and (3) such
reconstruction is restricted to replacement of the structure which has been destroyed. This exemption
shall not apply to: (1) new construction where no replacement of a preexisting structure takes place or
(2) reconstruction of structures which were not legally in existence (as distinguished from legal
nonconforming structures).
Section 6. Wheat Ridge Code of Laws, Section 26-211 Residential-Three
District (R-3) is hereby amended to read as follows:
Sec. 26-211 Residential-Three District (R-3).
A. Intent and Purpose: This district is established to provide high quality, safe, quiet
and stable medium- to high-density residential neighborhoods, and to prohibit activities of any
nature which are incompatible with the medium- to high-density residential character.
B. Development Standards:
One-family dwelling
Two-family dwelling
Multifamily (3 or more dwelling
units)
Group home
Detached garage or carport
Private storage shed
Churches, schools, government
and quasi-government build-
ings, golf courses, small day
care center, and nursing,
elderly and congregate care
homes
Maximum
Height
35'
35'
35'
35'
Maximum
Building
Coverage'91
40%
40%
40%
40%
Minimum
Lot
Area
7,500 sf
9,000 sf
12,500
sf()
9,000 sf
Minimum
Lot
Width
60'N V
75'N i'I
100'
75'
Minimum
Front
Yard
Setback
30""
30'(')
30'
30""
28 7600 sf 9,000 sf 75' 30""
per unit
2-0' t:0? ~ 400 sf/
4 d.u.
35' 40%
9,000 sf 75'
1 acre 200'
30'
30'e
Minimum
Side Yard
Setback"'
iei
y
5' p'e
sto_rj
15 "a'
5' per
sSOry
5 w5-1`
m height;
I0 :if.>...
V5 in
fw4 t
Minimum
Rear Yard
Setback (b)
10'
10'
10'
5'
in felglit
'10' if :7
7,1e.
bell 0A
qpheight;
in f$ei~bit
>7'Th
3v'ir
he(g0ft
6,e4gl
15'(a)(N
20:
GED\53027\384393.01 8
Minimum
Maximum
Minimum
Minimum
Front
Minimum
Minimum
Maximum Building
Lot
Lot
Yard
Side Yard
Rear Yard
Height Coveragew
Area
Width
Setback
Setback''''
Setback (W
(6)
All other uses 35' 40%
7,500 sf
60'"x?!)
30'(c)
5' per
10'
story
(a) Side and rear yard setback shall be fifteen (15) feet for the first two stories and an additional five (5)
feet for each additional story over two stories. -
faa} {t3( Any side or rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for
all structures.
(19) Any FOaF yaFd WhiGh abUtS a PUbliG Street she!' have a minimum setbaele Of thiFtY (30) feet fRF All
(c) Front setbacks for one- or two-family dwelling structures on lots or portions of lots which abut cul-de-
sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See
Figure 26-123.3.)
(d) A minimum of three thousand six hundred thirty (3,630) square feet of land area shall be required for
each dwelling unit for multifamily buildings.
(e) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet.
M PGU'tFY heuses and pigeen SGGPS aFe limited to a maximum height of twelve 0 2) feet.
1_1 nn:..:......_. ion./ I :__a____:__ -__...-_a IC-- OR ano i
(i) (Al Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages
(gl Metat,,e cessory, ulldings ogg1,~0; square feel jn: ze are not petmr14
NOTE: The requirements of section 26-120.8. O (2) shall not apply to require compliance with minimum lot area
and/or minimum land area per unit requirements otherwise applicable to the reconstruction of multifamily
dwelling units in the R-2A3 district, where such structures and their reconstruction meet all of the following
requirements: (1) the structure was legally in existence on September 8, 1997, (2) the structure is located
upon a lot which does not meet the then-applicable minimum lot area and/or minimum land area per unit
requirements for such proposed reconstruction, and (3) such reconstruction is restricted to replacement of
the structure which has been destroyed. This exemption shall not apply to: (1) new construction where no
replacement of a preexisting structure takes place or (2) reconstruction of structures which were not legally
in existence (as distinguished from legal nonconforming structures).
Section 7. Wheat Ridge Code of Laws, Section 26-212 Residential-Three A
District (R-3A) is hereby amended to read as follows:
Sec. 26-212 Residential-Three A District (R-3A).
A. Intent and Purpose: This district is established to provide high quality, safe, quiet
and stable medium-density residential neighborhoods, and to prohibit activities of any nature
which are incompatible with the medium-density residential character.
B. Development Standards:
Minimum
Maximum
Minimum
Minimum
Front
Minimum
Minimum
Maximum
Building
Lot
Lot
Yard
Side Yard
Rear Yard
Height
Coverages
Area
Width
Setback
Setbacks
Setbac0l
One-family dwelling
35'
40%
7,500 sf
60'~G_`!
30'(c)
5'A eg
10'
sfary
Two-family dwelling
35'
40%
9,000 sf
75'"~l?I
30'(c)
5' pair
10'
Story
Multifamily (3+ dwelling units)
35'
40%
12,500
100'
30'
15'(e)
15x-1-0'
sf1°
GED\53027\384393.01
9
Group home
Minimum
Maximum
Minimum
Minimum
Front
Minimum
Maximum
Building
Lot
Lot
Yard
Side Yard
Height
Coveragew
Area
Width
Setback
Setback°
nl
35'
40%
9,000 sf
75'
30'(c)
5' pe6
story
!gl
Detached garage or carport
Minimum
Rear Yard
Setback'"'
10'
28-600 sf 9,000 sf 75' 30"" 5 ifw 7 5' it per unit m Ne ght m'heighit;
1Q'af > 10''if.>.
7.'m T rn...
height height
Private storage shed 2-01 10:: m
400 sf/ 9,000 sf 75'
30'
4 d.u.
in:helght;
7'';in
height
Churches, schools, government 35'
40% 1 acre 200'
30'" 15'(°W
and quasi-government build-
ings, golf courses, small day
care center, and nursing,
elderly and congregate care
homes
All other uses 35'
40% 9,000 sf 60'" rp
30'(c) 15"°'
(a) Side and rear yard setback shall be ten 4149) 5 feet for the first two stories and an additional five (5)
feet for each additional story over two stories.
in height;
10' if 7'
Night
20'
10'
(b) Any side q~ rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for
all structures.
(c) Front setbacks for one- or two-family dwelling structures on lots or portions of lots which abut cul-de-
sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See
Figure 26-123.3.)
(d) A minimum of three thousand nine hundred sixty (3,960) square feet of land area shall be required for
each dwelling unit for multifamily buildings.
(e) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet. Poultry houses and pigeon seeps nFp Limited to a maximum height of twelve (12) feet.
I
(g) Minimum thirty peFeent (30%) laRGISGapong required an site. (See seetien 26 602.)
(h) Minimum ten (10) feet ef landscaping is reqUFFed with 0 n the front and side yard setbaeks adjacent te
(f) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages.
(g} IVte):al a_ecessory_tinldltlge:over 120„squarefeet ihs_rze ale no_7 permlttel
NOTE: The requirements of section 26-120 41Di IG) (2) shall not apply to require compliance with minimum lot
area and/or. minimum land area per unit requirements otherwise applicable to the reconstruction of
multifamily dwelling units in the R-0,A district, where such structures and their reconstruction meet all
of the following requirements: (1) the structure was legally in existence on September 8, 1997, (2)
the structure is located upon a lot which does not meet the then-applicable minimum lot area and/or
minimum land area per unit requirements for such proposed reconstruction, and (3) such
reconstruction is restricted to replacement of the structure which has been destroyed. This exemption
shall not apply to: (1) new construction where no replacement of a preexisting structure takes place or
(2) reconstruction of structures which were not legally in existence (as distinguished from legal
nonconforming structures).
GED\53027\384393.01 10
Section 8. Wheat Ridge Code of Laws, Section 26-611 "Building Setbacks"
is amended by the addition of a new subsection; the entire section, as amended, to
read as follows:
Sec. 26-611 Building setbacks.
A. Generally, building setback shall be measured at right angles from the closest
y line to the outermost wall of a building !n Residential Zone 13~stncts Only;
Ghme is into required setback areas shall not be permitted except as follows p V, id.
er, that no encroachment into a side ar rear yard rs:;aifowed:in the;NC, RC,,,,C 9 C 2
ne distrtcts.hihen adfacertto, re~dential~y zoned properiys`
1. Porches, patios, decks and balconies. Porches, patios, decks and balconies
which are open on at least two (2) sides may encroach into a front setback up to
eight feet or into a side or rear yard a maximum of one-third the distance to the
closest property line.
2. Architectural features. Cornices, eaves beitcourses, sills, canopies or other
similar architectural features, including bay windows, may extend or project into a
required front, side or rear yard not more than thirty (30) inches.
3. Chimneys. Chimneys may project into a required front, side or rear yard not
more than two (2) feet, provided the width of such yard is not reduced to less
than three (3) feet.
4. Fire escapes, open stairways. A fire escape or open stairway may extend into
any front, side or rear yard, provided the width of such yard is not reduced to less
than three (3) feet.
B. If fifty percent (50%) or more of the main buildings within a built-up area in any
district have more or less than the required front yard, each new main building shall have a front
yard consistent with the average building setbacks in the immediate area, except that for the
purpose of computing such average, a front yard in excess of fifty (50) feet shall be deemed to
be fifty (50) feet, and a setback less than fifteen (15) feet shall be deemed to be fifteen (15) feet.
For the purpose of this regulation, an immediate area shall be deemed "built-up" if fifty percent
(50%) or more of the lots within the same block and within two hundred (200) feet on each side
lot line of any particular lot have been improved with buildings. However, in no instance shall a
structure encroach into a required sight distance triangle.
Section 9. Wheat Ridge Code of Laws, Section 26-123 "Definitions" is amended, to
read as follows:
B400j accessoryr, A subordinate building or portion of a main building the use of which, is
incidental to that of the main building on the same lot. these a~essory purt~hngs.Is' MI
GED\53027\384393.01 11
Building, main. The building housing the principal (primary and most important) use(s)
permitted for the lot upon which it is located, and provided that to be classified as one (1) main
building the total structure shall have a continuous roof arfd. must shaF-e a common wali of411
least fi„v_e (5) feet m length:
Section 10. Wheat Ridge Code of Laws, Section 26-204 "Zone District Use
Schedule" is amended, to read as follows:
Accessory Uses For Residential Uses
Notes
Bee Keeping
See § 26-603 and 607
Ancillary uses operating within a
e.g.: Day care centers, scout meetings
church's primary structure
Home occupations
See § 26-613
Accessory:bufldtng
See_ § 2S `l23, 605 (excludes keeping of swine);
606 Accessory barldfngs shall not be located o>r
a, vacant I.ot... eleyofd ' of any, ;:primary` or =main
builslrrg
Household Pets, limited to no more
Plus their unweaned offspring
than 3 dogs and 4 cats
Private swimming pools, tennis courts,
See § 26-603
anti otter _recreat~bi fac(lities
Public and private communications
For satellite earth receiving stations, see § 26-616
towers, television or radio antennae
and § 26-617
Public utility lines and poles, irrigation
channels, storm drainage and water
supply facilities
Rooming and/or boarding of not more
On a contract basis for not less than 7 days
than 2 persons
Water Towers and above ground
Not in excess of 35 feet
reservoirs
Section 11. 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
GED\53027\384393.01 12
further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be attained.
Section 12. Severability' Conflicting Ordinances Repealed. If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in conflict
with the provisions of this ordinance are hereby repealed.
Section 13. Effective Date. This Ordinance shall take effect fifteen days
after final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to
on 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 29th 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
Gerald E. Dahl, City Attorney
First Publication:
Second Publication:
Wheat Ridge Transcript
Effective Date:
GED\53027\384393.01 13
of W Eqr ITEM NO:
o
V oRaao m REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE: October 13, 2003
TITLE: AN ORDINANCE AMENDING CHAPTER 26 PERTAINING TO
DEVELOPMENT STANDARDS IN THE RESIDENTIAL ZONE
DISTRICTS (CASE NO. ZOA-03-09)
❑ PUBLIC HEARING ® ORDINANCES FOR 1ST READING (Date: October 13, 2003)
❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING
❑ RESOLUTIONS
Quasi-Judicial: ❑
Yes No
Community Development Director City Manager
EXECUTIVE SUMMARY:
This Ordinance will amend development standards concerning structures in the residential zone
districts. Many of the changes for primary structures or main buildings are housekeeping in nature.
However, there are changes to the development standards for accessory structures. Most notably, this
Ordinance will reduce the allowable building height for accessory structures in all residential zone
districts and reduce the maximum size for accessory sheds in some of the smaller residential lots to
create a logical tiered progression of accessory structures from the smaller lots to the larger lots. The
minimum required rear yard setbacks for accessory structures have also been modified to follow this
tiered progression. The minimum required side and rear yard setbacks have been modified so the
setback for accessory structures is dependent upon the height of that structure. A maximum square
footage for metal structures in the residential zone districts has also been established.
Additionally, the definitions of "accessory building" and "main building" have been modified.
Planning Commission recommended approval at a hearing on August 7, 2003. Their recommendations
are included in the proposed Ordinance.
COMMISSION/BOARD RECOMMENDATION:
Planning Commission heard this case on August 7, 2003 and recommended approval. This Ordinance
has been through several iterations with both Planning Commission and City Council. It was
originated as a result of the Chapter 26 rewrite in 2001. Staff was given direction to investigate
inconsistencies in the Code as a result of public testimony during the Chapter 26 rewrite process.
Planning Commission conducted three public hearings in 2001 regarding this issue, culminating in a
recommendation to City Council in September 2001. City Council tabled the issue indefinitely for
further research.
Planning Commission heard the case twice in 2002, and again continued the case for further
investigation by Staff. There was a period of approximately 8 months during which Staff researched
this issue and crafted a new Ordinance. Planning Commission reviewed the revised Ordinance 3 times
in 2003, resulting in a recommendation of approval to City Council on August 7, 2003.
STATEMENT OF THE ISSUES:
This change to development standards will most likely create new non-conforming structures in the
City. These structures will be allowed to remain, however, if any major modifications are made to
these structures, they will lose non-conforming status and will be required to meet the new code. It is
impossible to know exactly how many structures will become non-conforming as a result of this
Ordinance.
ALTERNATIVES CONSIDERED:
None.
FINANCIAL IMPACT:
There will be no significant financial impact as a result of the new legislation. It could be argued that
as a result of these changes, an increase to variance applications may occur. The fee for variance
applications is approximately $400.
RECOMMENDED MOTION:
"I move to approve Council Bill No. , Case Number ZOA-03-09, an ordinance
amending development standards in the residential zone districts in Chapter 26 of the Wheat Ridge
Code of Laws, ordered published, public hearing set for October 27, 2003 at 7:00 in the City Council
Chambers."
OR
"I move to table indefinitely Council Bill No. , Case Number ZOA-03-09, an
ordinance amending development standards in the residential zone districts in Chapter 26 of the Wheat
Ridge Code of Laws."
Initiated by: Community Development Department
Report Prepared by: Alan White 303-235-2844
Attachments:
1. April 9, 2003 Planning Commission Staff report
2. April 21, 2003 memo to Randy Young
3. May 30, 2003 Planning Commission Staff report
4. August 1, 2003 Planning Commission Staff report
5. Council Bill No.
cc:
Commissioner BERRY asked if the present situation allowed access onto W. 45" as well as
Wadsworth. Ms. Austin replied that this was correct and this subdivision plat would not allow
any access that does not already exist.
It was moved by Commissioner STITES and seconded by Commissioner PLUMMER that
Case No. MS-03-04, a request for a two-lot minor subdivision plat for property located at
4470 Wadsworth Boulevard be approved for the following reasons:
1. All requirements of the city's subdivision regulations have been met.
2. The lots are of sufficient size to allow for development with C-1 zoning district
requirements.
3. All required utility easements are being provided.
4. The lots will have access from existing driveways with cross-access easements.
The motion passed 8-0. n
D. Case No. ZOA-03-09: An ordinance amending Chapter 26 of the Wheat Ridge Code
of Laws pertaining to heights and setbacks for residential accessory structures and
exceptions thereto.
Alan White presented this case. Planning Commission recommended on June 5th that staff
prepare an ordinance to address several setback issues and changes. The ordinance with those
changes was presented to the Commission for their consideration.
Chair McNAMEE suggested that the issue of setbacks for RV's be discussed when the RV
ordinance is brought back. There was a consensus of the Commission to defer the issue of RV
setbacks.
Commissioner McMILLIN expressed concern about the proposed 15-foot height limit for
garages. This would only allow a maximum of nine feet for the garage door. He stated he
checked with two RV dealerships regarding heights of RV's. One dealership said they did not
sell anything that would fit with a 10-foot garage door and the other said they sell one
conversion van that would fit with a 10-foot garage door. This proposal would prevent owners
from parking their RV's in a garage which presents a dilemma for them in light of the city's
ordinance requiring any more than one RV to be parked indoors.
Commissioner PLUMMER stated he would be in favor of adopting the ordinance as it is. If
circumstances warrant, citizens would still have the right to apply for a variance from the
ordinance.
Commissioner DAVIS commented that she would like to see homeowners have the ability to
pursue their own desires without undue duress and expense.
Commissioner McMILLIN stated that he believed homeowners should be able to build
accessory buildings at least half the height of the primary structure. The proposed height limits
would limit accessory structures to less than one third of the primary structure height. He
reviewed several photos he took of various examples of accessory structures in the city which
Planning Commission Page 3
August 7, 2003
would be illegal under the proposed ordinance including a couple of barns. He also expressed
concern about imposing so many rules and regulations on property owners.
Commissioner BERRY asked what the height restriction would be for a barn. Mr. White stated
that barns in residential zones would fall under the accessory structure limits. However, barns
and other accessory structures in agricultural zones have a 35-foot height limit.
Chair McNAMEE asked to hear from members of the public.
Richard Moreno
6671 West 26`h Avenue
L~G~w~ffi 3
Mr. Moreno was sworn in by Chair McNAMEE. He commented that he recently built a 15-
foot high garage on his property with a 9-foot door that accommodates his 4-wheel drive
pickup. He previously lived in Denver and stated that Denver has a 15-foot height limitation
on accessory structures. He lives on property zoned R-1 with a four-stall barn that is 19-20 feet
tall. There is a portion of the barn that has a 12-foot height. He asked if he could legally
extend the roof line to the end of the existing structure. Travis Crane replied that since the roof
line is already established, he could extend it to the end of the barn. He pointed out, however,
that if the barn were to be demolished, it would have to be rebuilt under the standards set forth
in the ordinance.
Commissioner McMILLIN asked how many building permits for maximum height accessory
structures have been issued in the past five years. Travis Crane stated that he couldn't recall
receiving very many of these requests in the past five years.
Commissioner McMILLIN stated that he had no problem with the proposed setback regulations
for accessory structures which increase as the structure gets taller. He suggested that thought
be given to performance planning zoning that, for example, would say an accessory structure
could not cast a shadow across a property for more than two hours on a winter day or not be so
large as to block a significant mountain view. He asked if this kind of planning were
defendable in court.
Alan White explained that it is defendable in court, but would take a lot of staff time to
administer. For example, site plans for the affected property as well as surrounding properties
would be required as well as completing studies such as shadow analysis. In answer to a
question from Commissioner McMILLIN, Mr. White stated that it would probably take less
time than going through the variance process.
Commissioner BERRY stated that she was familiar with some communities that use
performance planning. The requests are processed through an administrative review process.
While it takes less time than the variance process, it costs the same because of staff time
involved.
Commissioner McMILLIN suggested that, similar to special use permits, oversize garage
applications could be posted and, if no objections were received, it could be built. Alan White
commented that this would be a modification to the variance procedure. Presently, the charter
gives the Board of Adjustment solely the power to decide on height variances.
Planning Commission Page
August 7, 2003
Commissioner STITES commented that this ordinance would protect homeowners who have
smaller lots. This ordinance would provide a starting place and variances would still be an
option.
Commissioner BERRY commented that 15 feet would cover most situations. It is difficult to
write regulations that protect the majority of citizens while giving ultimate flexibility and that is
the reason for variance procedures.
Commissioner WEISZ agreed with Commissioners STITES and BERRY.
Commissioner PLUMMER commented that this ordinance is reasonable and in line with other
communities in the area. It would protect 90% of the lots in Wheat Ridge that are less than
12,500 square feet. If someone wants to build a larger accessory structure, the variance
procedure is available.
Commissioner McMILLIN suggested that county records could be used in determining
building coverage percentages. He also asked why square foot limits were placed on accessory
structures in RI-B and RI-C. Mr. White explained it was because these were smaller lots.
It was moved by Commissioner PLUMMER that Case No. ZOA-03-09, Residential
Setbacks, be approved.
Commissioner McMILLIN asked what cost and time is involved in the variance procedures.
Travis Crane replied that the cost for a variance is $390 and takes anywhere from 4 to 6 weeks
Commissioner WEISZ seconded the motion with the clarification that on page 4 of the
ordinance, minimum rear yard setbacks in the R-1C district will be changed from 10 feet
to 5 feet. This was acceptable to Commissioner PLUMMER.
Alan White requested that the ordinance also be amended in regard to all side and rear
yard setbacks for detached garages, carports and storage sheds. The present language
states the setbacks should be 5 feet if less than 7feet in height, 10feet if less than or equal
to 15 feet in height. He proposed that the ordinance read that setbacks should be 5 feet if
less than or equal to 7feet in height, l0 feet if greater than 7feet in height This was
acceptable to Commissioners PLUMMER and WEISZ.
The motion passed 7-1 with Commissioner McMILLIN voting no. gf
8. OLD BUSINESS
Commissioner McMILLIN commented that trees have been planted at the service station at
38`s and Kipling.
9. NEW BUSINESS
• Commissioner McMILLIN expressed concern about the lighting and placement of the sign
Planning Commission Page 5
August 7, 2003
City of Wheat Ridge OE WHEgT Po
Community Development Department m
Memorandum ~~<oRao~
TO: Planning Commission
FROM: Alan White, Community Development Director 610
SUBJECT: Case No. ZOA 03-09, Residential Setbacks WW
DATE: August 1, 2003
The public hearing for this case was continued on June 5, 2003 to an indefinite date. The case has
been re-noticed for a public hearing on August 7, 2003.
At the June 5`h hearing, Planning Commission recommended that staff prepare an ordinance to
address the following setback issues and changes. See attached minutes of that meeting.
1. Change the side setbacks in the R-2A, R-3 and R-3A to 5 feet per story for one and
two family structures. Maintain the existing interpretation of "building in line" so
that the new setback requirements don't apply to pop-tops.
2. Reconcile the footnotes and figures in the tables for multi-family dwellings in the R-3
and R-3A districts by changing the side and rear setbacks to 15 feet for the first 2
stories plus 5 feet per story for structures above 2 stories.
Keep the setback exceptions in Section 26-611 as currently written, except add the
following language to (b) (should be A): "provided, however, that no encroachment
into a side or rear yard is allowed in the NC, RC, C-1, C-2 or I zone districts when
adjacent to a residentially zoned property."
4. Lower the maximum permitted height for sheds to 10 feet and for garages to 15 feet.
Increase the side and rear setback such that if the shed or detached garage/carport is
less than X feet in height, the setback is 5 feet; between X and Y feet in height, the
setback is 10 feet; and over Y feet up to the maximum height, the setback is 15 feet.
The height and setback requirements should be the same in all residential zone
districts. (Staff was to propose what X and Y would be.)
5. Limit the combined square footage of sheds and detached garages/carports to a
percentage of the lot. The building coverage percentages should be similar to those
of the City of Aurora.
6. Prohibit the use of metal buildings in excess of 120 square feet in residential zone
districts.
The attached ordinance contains the changes. Deleted language or requirements are shown with a
strikethreugh and new language or requirements are shown in bold. There were a few other
suggestions by Planning Commission that were not included in the motion and these are discussed in
the following paragraphs.
Setbacks for Main Buildings
The changes to R-3 and R-3A to require 5 feet per story for single and two-family structures have
been made. (R-2A already contains this requirement.) The footnotes and charts for R-3 and R-3A
have been reconciled to require for both the side and rear yard setbacks 15 feet for the first two
stories, plus five feet for each story thereafter.
Staff is recommending reconsideration of the side yard setback for the R-IA district. The original
recommendation was to change it to 10 feet. This change would provide a consistent setback
scheme where setbacks decrease as lot sizes decrease.
Following this same logic, the R-lC side setback should be changed. The side setback is 5'/story.
This is the only single family district with this requirement and it applies in the district with the
smallest minimum lot size (5,000 square feet). Consideration should be given to changing the
requirement to 5 feet or the R-1B requirement of 15 feet total on two sides with a 5-foot minimum.
Accessory Buildings
The recommended changes have been made for the maximum heights of sheds and detached garages
and carports as 10 feet and 15 feet, respectively.
Although staff originally recommended 15 feet for garages, consideration should be given to
reducing this to 12 feet for two reasons: 1) the height of a building with a pitched roof is measured
to the mid-point of the ridge and eave which could result in a garage measuring 20 feet to the
ridgeline with a typical roof slope of 5/12; 2) it would discourage garages built with "storage space"
in the rafter area that transforms into a second living unit years later.
Staff has filled in the X and Y values for garage/shed setbacks. If the garage height is limited to 12
feet, there can be a very simple requirement: any structure less than 7 feet must meet a 5-foot
setback; any structure over that must meet a 10-foot setback. (Maximum heights are 10 feet and 15
(or 12) feet.) Our goal is to make regulations easy to administer and remember. These are the same
setbacks required for freestanding signs in commercial districts.
The Commission recommended to not limit the number of accessory structures on a lot, but rather to
limit the percentage of lot that could be covered by garages and sheds. Upon further reflection, staff
is concerned that information may not be available to the applicant in order to make the percentage
calculation. A resident would need the size of the lot and the square footage of all building
footprints. In many instances in older parts of the City the Assessor and City records will not
contain this information. In lieu of this proposal, staff is suggesting decreasing the maximum shed
square footage to 300 and 200 square feet in the R-B and R-1C zone districts, respectively.
Historically, the shed and garage square-footages have been allowed to be combined. This is not in
the regulations and was a policy decision by previous directors. The practice will be stopped under a
revised policy.
Definitions
The definition of "building, accessory" has been expanded with the addition of: "including but not
limited to detached garages, detached carports, sheds, gazebos, membrane structures, greenhouses,
chicken coops, and barns."
The definition of "building, main" has been amended to require that to be considered attached, a
structure must have at least a length of five feet of common wall with the main building in addition
to the continuous roof requirement. Five feet provides a minimum distance to install a door. Adding
the common wall provision decreases the possibility (and we've seen it) of proposing a gigantic
breezeway so that the "attached garage" can be 35 feet in height and larger than 1,000 square feet.
Setback Exceptions
The change has been made to Section 26-611 to prohibit setback encroachments in commercial and
industrial zones when adjacent to a residential zone district.
It was staff's understanding that the Commission did not recommend regulations to change what is
currently allowed or not allowed in setback areas. The issue of setbacks for RV's should be
addressed when the RV subject is brought back for the Commission's consideration.
Other Changes
The Commission recommended that metal accessory structures be limited to a maximum size of 120
square feet. This appears as a footnote in the chart for each zone district.
Footnotes have been combined or eliminated in an effort to simplify the charts. The elimination of a
footnote does not mean the requirement has been eliminated, it simply means the requirement is
found elsewhere in the code. For example, the landscape requirement is found in Section V under
Landscaping requirements. There is no need to footnote these requirements.
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 August 7, 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 petition shall be heard:
Case No. ZOA-03-09: An ordinance amending Chapter 26 of the Wheat Ridge
Code of Laws pertaining to heights and setbacks for residential accessory
structures and exceptions thereto.
Kathy Field, Administrative Assistant
ATTEST:
Wanda Sang, City Clerk
To Be Published: Wheat Ridge Transcript
Date: July 31, 2003
The motion passed 8-0.
C. Case No. ZOA-03-09: An ordinance amending Chapter 26 of the Wheat Ridge Code
of Laws pertaining to heights and setbacks for residential accessory structures and
exceptions thereto.
This case was presented by Alan White. He advised the Commission they had jurisdiction to
hear the case. He reviewed the staff report and digital presentation which included a survey of
regulations in effect for neighboring jurisdictions. Even though this case is a public hearing,
staff requested discussion and direction in order to bring an ordinance to Planning Commission
at the June 19th or July 17th meetings. Discussion points included:
• Decreased accessory building height needs to be considered.
• Accessory structures should not overpower principal structures.
• R-lA side setbacks for detached garages or carports should be changed to 10 feet. Rear
setbacks for detached garages or carports in R-1C, which are the smallest lots in the city,
should be changed to 5 feet to be consistent with other residential zones.
• Lot coverage requirements should probably stay the same.
• Larger lots could have larger setback requirements.
• Shadowing from accessory structures onto neighboring lots needs to be considered.
• Attached structures need to be more clearly defined.
• Metal accessory structures over 120 square feet in residential areas could be prohibited.
• Enforcing design standards for accessory structures would be very difficult.
• One advantage of living in Wheat Ridge is that there are no covenants.
• Wheat Ridge has a heritage of accessory structures (barns, for example) being larger than
the primary structure.
• Accessory structures can also make neighborhoods more flexible in providing, for example,
living for elderly parents, rental income from the accessory structure, etc.
• With RV parking and non-operative vehicle parking restrictions, the size of garages
allowed needs to be considered in order to allow indoor storage for such vehicles.
• Setback areas could be required to be unencumbered except for landscaping.
• Definitions need to be established for garages and other accessory structures.
Chair McNAMEE asked if there were individuals present who wished to address this case. The
following individual responded:
Don Peterson
9945 West 34`h Drive
Mr. Peterson was sworn in by Chair McNAMEE. He stated he was in favor of a minimum
setback of 5 feet with increasing setbacks required in relation to the height of the accessory
structure. He believed that setback regulations should take into account the neighbors' view of
the sky. He favored lot coverage percentage requirements and unencumbered setbacks.
Although people have the right to use their properties, consideration for neighbors' view should
also be considered.
Planning Commission Page 4
June 5, 2003
It was moved by Commissioner PLUMMIER to continue Case No. ZOA-03-09 to a date
uncertain and request staff to prepare an ordinance with the following recommendations
for changes:
1. Change the side setbacks in the R-2A, R-3 and R-3A to 5 feet per story for one and
two family structures. Maintain the existing interpretation of "building in line" so
that the new setback requirements don't apply to pop-tops.
2. Reconcile the footnotes and figures in the tables for multi-family dwellings in the
R-3 and R-3A districts by changing the side and rear setbacks to 15 feet for the
first 2 stories plus 5 feet per story for structures above 2 stories.
3. Keep the setback exceptions in Section 26-611 as currently written, except add the
following language to (b): "provided, however, that no encroachment into a side
or rear yard is allowed in the NC, RC, C-1, C-2 or I zone districts when adjacent to
a residentially zoned property."
4. Lower the maximum permitted height for sheds to 10 feet and for garages to 15
feet. Increase the side and rear setback such that if the shed or detached
garage/carport is less than X feet in height, the setback is 5 feet; between X and Y
feet in height, the setback is 10 feet; and over Y feet up to the maximum height, the
setback is 15 feet. The height and setback requirements should be the same in all
residential zone districts.
5. Limit the combined square footage of sheds and detached garages/carports to a
percentage of the lot. The building coverage percentages should be similar to those
of the City of Aurora.
6. Prohibit the use of metal buildings in excess of 120 square feet in residential zone
districts.
Commissioner McMILLIN seconded the motion with the understanding that the "X's"
and "Y's" in No. 4 and the definition of garages and other accessory structures will be
determined at a later date.
The motion passed 8-0.
D. Case No. ZOA-03-10: An ordinance amending Section 26-103 of the Wheat Ridge
Code of Laws concerning the submittal of applications subject to the site development
review process.
This cased was presented by Alan White. He advised the Commission there was jurisdiction to
hear the case and reviewed the staff report.
Commissioner McMILLIN commented that this amendment would give the city the same
rights as a private real estate purchaser in regard to placing contingencies based upon approved
zoning.
Chair McNAMEE asked if there were individuals present who wished to address this case.
There was no response.
Planning Commission Page 5
June 5, 2003
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F OI
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No.
Ordinance No.
Series of 2003
TITLE: AN ORDINANCE AMENDING CHAPTER 26 PERTAINING TO
DEVELOPMENT STANDARDS IN THE RESIDENTIAL ZONE
DISTRICTS.
WHEREAS, the Council has recently approved a comprehensive revision of
Chapter 26 of the Code of Laws, concerning land use, zoning and development, and
WHEREAS, the Council wishes to amend the development standards in
individual zone districts pertaining to setbacks;
WHEREAS, there are certain inconsistencies in the development standards;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO:
Section 1. Wheat Ridge Code of Laws, Section 26-206 Residential-One A
District (R-1 A) is hereby amended to read as follows:
Sec. 26-206 Residential One District (R-1).
A. Intent and Purpose: This district is established to provide high quality, safe, quiet,
and stable low density residential neighborhoods, and to prohibit activities of any nature which
are incompatible with the low-density residential character.
B. Development Standards:
One-family dwelling
Group home
Accessory Buildings (e)
Detached garage or carport
Private storage shed
Maximum Minimum Minimum
Maximum Building Lot Lot
Height Coverage Area width
35' 25% 12,500 sf 100'
35' 25% 12,500 sf 100'
20! 15' 1,000 sf 12,500 sf
2910' 1'~ 400 sf 12,500 sf
Minimum
Front
Minimum
Minimum
Yard
Side Yard
Rear Yard
Setback
Setback()
Setback4"~ lal
30'(') (b)
15'
15'
30K4(b)
15'
15'
100' 30'(') ib1 5'if<7'in
5'if<7'in
height;
height; 10'
10'11f516'
if515'in
in height
height
100' 30'
50) M if <
7' in
height;
10' If < 15'
in height
5'~4 (c) if < 7'
in height;
10' if 515'
in height
GED153027\384393.01
Minimum
Maximum Minimum
Minimum Front Minimum Minimum
Maximum Building Lot
Lot Yard Side Yard Rear Yard
Height Coverage(O Area
Width Setback Setback(s) Setbac0') (41
Churches, schools, government
and quasi-government build-
ings, golf courses, small day 35' 25% 1 acre 200' 30' 150)W[d) 20'
care center, and nursing,
elderly and congregate care
homes
All other uses 35' 25% 12,500 sf 100' 30-W(b) 5'm (c) 15'
(a) Any side or rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all
structures.
(e) (b) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10)
feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.)
(d) (c) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet from
property lines and at least thirty (30) feet from a residence on an adjacent parcel.
(e) (d) Fifteen-foot setback for the first story and five (5) feet for each additional story.
(e) Metal accessory buildings over 120 square feet in size are not permitted.
Sec. 26-206 Residential-One A District (R-1A).
A. Intent and Purpose: This district is established to provide high quality, safe, quiet
and stable low-density residential neighborhoods, and to prohibit activities of any nature which
are incompatible with the low-density residential character.
B. Development Standards:
Minimum
Maximum Minimum
Minimum
Front
Minimum
Minimum
Maximum Building Lot
Lot
Yard
Side Yard
Rear Yard
Height Coverage(* Areae(a)
WidtO101
Setback
Setback(a)
Setbac0'a)
One-family dwelling 35' 30% 9,000 sf
75'
300) (b)
to, &t*
15'
Group home 35' 30% 9,000 sf
75'
30'(`)(b)
10. sr",
15'
Accessory Buildings (f)
Detached garage or carport -1915, 1,000 sf 9,000 sf
75'
3&* lb)
5' if <7' in
5' if <7' in
height;
height; 10'
10` N!5 15,
if 515' in
in height
height
Private storage shed 2910' (9) 400 sf 9,000 sf
75'
30'
510) 10) if <
5-M 1c) if < 7'
7' in
in height;
height;
10' if 515'
10' if 515'
in height
in height
Churches, schools, government
and quasi-government build-
ings, golf courses, small day 35' 30% 1 acre
200'
30'(4
15'0(°(0)
20'
care center, and nursing,
elderly and congregate care
homes
GED1530271384393.01 2
Minimum
Maximum
Minimum
Minimum
Front
Minimum
Minimum
Maximum
Building
Lot
Lot
Yard
Side Yard
Rear Yard
Height
Coverage
Area")
Widths le)
Setback
Setback(')
Setback
All other uses 35'
30%
9,000 sf
75'
304')40)
10' 5-4*
15'
(a) Any side or rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all
structures.
(c) (b) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10)
feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.)
(d) A tetal of fifteen (45) feet side yaFd setbaGk fQF 9WFY iRdMEJURI 19t I.A.'gh R FRwRiFA1_1FA of five (6) feet an one444
side.
(e} (o) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet from
property lines and at least thirty (30) feet from a residence on an adjacent parcel.
(d) Fifteen-foot setback for the first story and five (5) feet for each additional story.
(e) Corner lots shall have a minimum of nine thousand six hundred (9,600) square feet and a minimum lot width
of eighty (80) feet for both street frontages.
(f) Metal accessory buildings over 120 square feet in size are not permitted.
Section 2. Wheat Ridge Code of Laws, Section 26-207 Residential-One B
District (R-1 B) is hereby amended to read as follows:
Sec. 26-207 Residential-One B District (R-1 B).
A. Intent and Purpose: This district is established to provide high quality, safe, quiet
and stable small lot, low-density residential neighborhoods, and to prohibit activities of any
nature which are incompatible with the low-density residential character.
B. Development Standards:
Maximum
Height
One-family dwelling 35'
Group home 35'
Accessory Buildings (g)
Detached garage or carport 29 IV
Private storage shed
Maximum
Minimum
Minimum
Building
Lot
Lot
Coverage
Area
Width®m
40%
7,500 sf
60'
40%
7,500 sf
60'
600 sf
7,500 sf
60'
29 10'('o 480 300 sf 7,500 sf
60'
Minimum
Front
Yard
Setback
30'(G) (b)
30K4(b)
30'(`)40)
30'
Minimum
Minimum
Side Yard
Rear Yard
Setback(a)
Setb
ck(b)
a
5 e
10'
5. (e (C)
10'
5'if<7'in
height;
10, if 515,
in height
5' if < 7' in
height;
10' if < 15'
In height
5'M td) if <
7' In
height;
10' if 15'
in height
5'(0) (d) if <
7' in
height;
10, if 15,
in height
GED1530271384393.01 3
Maximum
Height
Churches, schools, government
and quasi-government build-
ings, golf courses, small day 35'
care center, and nursing,
elderly and congregate care
homes
All other uses 35'
Minimum
Maximum
Minimum
Minimum
Front
Minimum
Minimum
Building
Lot
Lot
Yard
Side Yard
Rear Yard
Coverage
Area
Width4)10
Setback
Setback(a)
Setb
ace
a
40%
1 acre
200'
30')
1511('x0)
20'
40%
9,000 sf
60'
30'() (b)
5'4(0
10'
(a) Any side or rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all
structures.
(b) AnY FeaF YeFd wh Gh abuts a PU19118 StFeet shall have a FniRimurn setbask of thiFty (30) feet fGF all stmetures-.
(a) (b) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10)
feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.)
(0 (c) A total of fifteen (15) feet side yard setback for every individual lot with a minimum of five (5) feet on one (1)
side.
(a) (d) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet from
property lines and at least thirty (30) feet from a residence on an adjacent parcel.
(f) (e) Fifteen-foot setback for the first story and five (5) feet for each additional story.
•,eets (See seat an 26 cno
@ (f) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages.
(g) Metal accessory buildings over 120 square feet in size are not permitted.
Section 3. Wheat Ridge Code of Laws, Section 26-208 Residential-One C
District (R-1 C) is hereby amended to read as follows:
Sec. 26-208 Residential-One C District (R-1 C).
A. Intent and Purpose: This district is established to provide high quality, safe, quiet
and stable, medium-density single-family residential neighborhoods, and to prohibit activities of
any nature which are incompatible with the medium-density residential character.
B. Development Standards.
Maximum
Height
One-family dwelling 35'
Group home 35'
Accessory Buildings (e) 29 15'
Detached garage or carport
Private storage shed 29110' 1
Minimum
Maximum
Minimum
Minimum
Front
Building
Lot
Lot
Yard
Coverages
Area
Width
Setback
40%
5,000 sf
50'
30'(G) (b)
40%
5,000 sf
50'
30'(`)(b)
600 sf
5,000 sf
50'
30'(G) (b)
400 200 sf
5,000 sf
50'
30'
Minimum
Minimum
Side Yard
Rear Yard
SetbacO)')
Setback
(a)
5' (e)
10' 5'?
5' (e)
10' 6'?
5' if < 7' in
4-9 S' if <
height; 10'
7' in
if_<16,In
height;
height
10' if 515'
in height
5,1(c)if<
7' in
height; 10'
if515, in
height
5'(a 0' if <
7'in
height;
10'if_15,
in height
GED\530271384393.01 4
Minimum
Maximum
Minimum Minimum Front
Minimum Minimum
Maximum Building
Lot Lot Yard
Side Yard Rear Yard
Height Coverage
Area Width Setback
Setback(a)a) Setback
Churches, schools, government
and quasi-government build-
ings, golf courses, small day 35' 40% 1 acre 200' 30'("~ 15", 20'
care center, and nursing,
elderly and congregate care
homes
All other uses 35' 40% 5,000 sf 50' 30'-a(b) 5'('4 10'
(a) Any side or rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all
structures.
(b) ARY FeaF yaFd wh Gh abuts a publiG AtFeet shall have a PR n FRum setbaGk of thiFty (30) feet far all stFuGtuizer,
(e) (b) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10)
feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.)
A (c) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet from
property lines and at least thirty (30) feet from a residence on an adjacent parcel.
stFeets. (See seotion 26 502.)
(d) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages.
(e) Metal accessory buildings over 120 square feet in size are not permitted.
Section 4. Wheat Ridge Code of Laws, Section 26-209 Residential-Two District
(R-2) is hereby amended to read as follows:
Sec. 26-209 Residential-Two District (R-2).
A. Intent and Purpose: This district is established to provide high quality, safe, quiet
and stable low to moderate-density residential neighborhoods, and to prohibit activities of any
nature which are incompatible with the residential character.
B. Development Standards:
One-family dwelling
Two-family dwelling
Group home
Accessory Buildings (g)
Detached garage or carport
Maximum
Height
35'
35'
35'
28-15'
Maximum
Minimum
Minimum
Building
Lot
Lot
Coverage44
Area
Width((4
40%
9,000 sf
75'@(n
40%
12,500 sf
100'
40%
9,000 sf
75'
1,000 sf
per unit
9,000 sf 75'
Minimum
Front
Minimum
Yard
Side Yard
Setback
Setback(a)
30'('4 (b)
5K-w)
30-M (b)
&'(~R w)
30'(G) (b)
ra'(d~ (c)
30'(`)(b)
5' if <7' in
height;
10' if 515'
in height
Minimum
Rear Yard
Setba)&k
10'
10'
10'
5' if < 7' in
height;
10, if !5 15,
in height
GED\53027\384393.01 5
Minimum
Maximum
Minimum
Minimum
Front
Minimum
Minimum
Maximum
Building
Lot
Lot
Yard
Side Yard
Rear Yard
Height
Coverages
Area
Widte O
Setback
Setbackm
Setb
ack~
a
Private storage shed
-7410,19,
400 sf
9,000 sf
75'
30'
5,w (d) if <
54a~-(u) if <
7' in
7' in
height;
height;
10, if <15,
10' ff <_15'
in height
in height
Churches, schools, government
and quasi-government build-
ings, golf courses, small day
35'
40%
1 acre
200'
300
15'@~D (a)
20'
care center, and nursing,
elderly and congregate care
homes
All other uses
35'
40%
9,000 sf
75'
30'(') (b)
5A
10'
(a) Any side or rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all
structures.
(b) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10)
feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.)
(d) (c) A total of fifteen (15) feet side yard setback for every individual lot with a minimum of five (5) feet on one (1)
side.
(e) (d) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet.
(f) (e) Fifteen-foot setback for the first story and five (5) feet for each additional story.
(f) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages.
(g) Metal accessory buildings over 120 square feet in size are not permitted.
Section 5. Wheat Ridge Code of Laws, Section 26-210 Residential-Two A
District (R-2A) is hereby amended to read as follows:
Sec. 26-210 Residential-Two A District (R-2A).
A. Intent and Purpose: This district is established to provide high quality, safe, quiet
and stable medium-density residential neighborhoods, and to prohibit activities of any nature
which are incompatible with the medium-density residential character.
B. Development Standards:
Maximum
Maximum
Building
Height
Coverage
One-family dwelling 35'
40%
Two-family dwelling 35'
40%
Minimum
Minimum
Minimum
Front
Minimum
Lot
Lot
Yard
Side Yard
Area
Width
Setback
Setback(a)
7,500sf
60'0`)(9)
30'(H(b)
5'per
story 4a4
9,000 sf
75'%(9)
30'`1(b)
5' per
story (Q
Minimum
Rear Yard
Setback*
(a)
10'
10'
GEDZ30271384393.01 6
Maximum Minimum Minimum
Maximum Building Lot Lot
Height Coverage('4 Area Width
Multifamily (3/more dwelling
units)
Group home
Accessory Buildings (1)
Detached garage or carport
Private storage shed
Churches, schools, government
and quasi-government build-
ings, golf courses, small day
care center, and nursing,
elderly and congregate care
homes
All other uses
Minimum
Front Minimum
Yard Side Yard
Setback Setbackm
35' 40% 13,050 sf(* 100' 30' 5' per
story (a)
35'
40%
29' 15'
600 sf
(per unit)
20L10' fe 400 sf/
4 d.u.
35' 40%
35' 40%
9,000 sf 75' 30'
9,000 sf 75' 30'(e)(")
9,000 sf 75'
1 acre 200'
9,000 sf 75"181
30'
30'(4
30'
5' per
story (a1
5'if<7'in
height;
10' if 515'
In height
5'(0) ()If <
7' in
height;
10' if 515'
in height
15'(4 M (e)
5'
Minimum
Rear Yard
Setback()
(a)
10' for
one or
two story
buildings;
15'for
three
story
buildings
10'
5' If < 7' in
height;
10' if 515'
in height
5.H~ (d) if <
7' In
height;
10, if 515'
in height
20'
10'
(b) (a) Any side or rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all
structures.
(e}(b) Front setbacks for one- or two-family dwelling structures on lots or portions of lots which abut cul-de-sacs
may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See
Figure 26-123.3.)
(d)-(c) A minimum of four thousand three hundred fifty (4,350) square feet of land area shall be required for each
dwelling unit for multifamily buildings.
(,-Hd) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet.
Me) Fifteen-foot setback for the first story and five (5) feet for each additional story.
ever two (2) ste~es-
(Jc) (g) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages.
(H (h) Reserved.
(f) Metal accessory buildings over 120 square feet in size are not permitted.
NOTE: The requirements of section 26-120 (Bj (C) (2) shall not apply to require compliance with minimum lot area
and/or minimum land area per unit requirements otherwise applicable to the reconstruction of multifamily
dwelling units in the R-2A district, where such structures and their reconstruction meet all of the following
requirements: (1) the structure was legally in existence on September 8, 1997, (2) the structure is located
upon a lot which does not meet the then-applicable minimum lot area and/or minimum land area per unit
requirements for such proposed reconstruction, and (3) such reconstruction is restricted to replacement of
GED\53027\384393.01 7
the structure which has been destroyed. This exemption shall not apply to: (1) new construction where no
replacement of a preexisting structure takes place or (2) reconstruction of structures which were not legally
in existence (as distinguished from legal nonconforming structures).
Section 6. Wheat Ridge Code of Laws, Section 26-211 Residential-Three
District (R-3) is hereby amended to read as follows:
Sec. 26-211 Residential-Three District (R-3).
A. Intent and Purpose: This district is established to provide high quality, safe, quiet
and stable medium- to high-density residential neighborhoods, and to prohibit activities of any
nature which are incompatible with the medium- to high-density residential character.
B. Development Standards:
Minimum
Maximum
Minimum
Minimum
Front
Minimum
Minimum
Maximum
Building
Lot
Lot
Yard
Side Yard
Rear Yard
Height
Coverages
Area
Width
Setback
Setba
kfaa)
Setback(b)
j
One-family dwelling
35'
40%
7,500 sf
60'014
30'10)
5' per
10'
story
Two-family dwelling
35'
40%
9,000 sf
75'014
30'1`1
5' per
10'
stor~r
Multifamily (3 or more dwelling
35'
40%
12,500 0')
100'
30'
15'1a
15'49r'ai
units)
Group home
35'
40%
9,000 sf
75'
30'(`)
5' per
10'
story
Accessory Buildings (g)
Detached garage or carport
2415'
600 sf
9,000 sf
75'
30'(`)
5' if <7' in
5' if <7' in
per unit
height;
height;
10' if 515'
10' if 515'
in height
in height
Private storage shed
2410' 0
400 sf/
9,000 sf
75'
30'
S'(e) if < 7'
5'(e) if < 7'
4 d.u.
in height;
in height;
10' if 515'
10' if 515'
in heiht
%
in height
Churches, schools, government
35'
40%
1 acre
200'
30'4
15'(a)
20'
and quasi-government build-
ings, golf courses, small day
care center, and nursing,
elderly and congregate care
homes
All other uses
35'
40%
7,500 sf
60'014
30'(0)
5' per
10'
story
(a) Side and rear yard setback shall be fifteen (15) feet for the first two stories and an additional five (5) feet for
each additional story over two stories.
faa) (b) Any side or rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all
structures.
(b) Any reaF yaFd whish ab6t6 a pub! G street shall have A Fn n FAwn setbaek af th Fly (39) feet fbF all StFuOtUFG6,
(c) Front setbacks for one- or two-family dwelling structures on lots or portions of lots which abut cul-de-sacs
may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See
Figure 26-123.3.,)
(d) A minimum of three thousand six hundred thirty (3,630) square feet of land area shall be required for each
dwelling unit for multifamily buildings.
(e) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet.
GED1530271384393A1 8
(i) (f) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages.
(g) Metal accessory buildings over 120 square feet in size are not permitted.
NOTE: The requirements of section 26-120.9. (C) (2) shall not apply to require compliance with minimum lot area
and/or minimum land area per unit requirements otherwise applicable to the reconstruction of multifamily
dwelling units in the R-W district, where such structures and their reconstruction meet all of the following
requirements: (1) the structure was legally in existence on September 8, 1997, (2) the structure is located
upon a lot which does not meet the then-applicable minimum lot area and/or minimum land area per unit
requirements for such proposed reconstruction, and (3) such reconstruction is restricted to replacement of
the structure which has been destroyed. This exemption shall not apply to: (1) new construction where no
replacement of a preexisting structure takes place or (2) reconstruction of structures which were not legally
in existence (as distinguished from legal nonconforming structures).
Section 7. Wheat Ridge Code of Laws, Section 26-212 Residential-Three A
District (R-3A) is hereby amended to read as follows:
Sec. 26-212 Residential-Three A District (R-3A).
A. Intent and Purpose: This district is established to provide high quality, safe, quiet
and stable medium-density residential neighborhoods, and to prohibit activities of any nature
which are incompatible with the medium-density residential character.
B. Development Standards.
Minimum
Maximum
Minimum
Minimum
Front
Minimum
Minimum
Maximum
Building
Lot
Lot
Yard
Side Yard
Rear Yard
Height
Coverages
Area
Width
Setback
Setback0*
Setbacklbl
One-family dwelling
35'
40%
7,500 sf
600 (f)
30'(`)
5' per
10'
story
Two-family dwelling
35'
40%
9,000 sf
75@ if)
30'1`1
5' per
10'
stor
Multifamily (3+ dwelling units)
35'
40%
12,500 0`)
100'
30'
151la7
15,49! (a)
Group home
35'
40%
9,000 sf
75'
30'i`I
5' per
10'
story
Accessory Buildings (9)
Detached garage or carport
20L1S'
600 sf
9,000 sf
75'
30'1`1
5' if < 7' in
F if < 7' in
per unit
height;
height;
10' if !g 15'
10' if 15'
in height
in height
Private storage shed
28' 10'
400 sf/
9,000 sf
75'
30'
S'iel if < 7'
5'fel if < 7'
4 d.u.
in height;
in height;
10' if < 15'
10' if 515'
in heiht
in height
Churches, schools, government
35'
40%
1 acre
200'
30'()
15'fa7
20'
and quasi-government build-
ings, golf courses, small day
care center, and nursing,
elderly and congregate care
homes
All other uses
35'
40%
9,000 sf
60010
30'(0)
154al
10'
(a) Side and rear yard setback shall be ten
0.9) 15 feet for the first two stories and a
n additional
five (5) feet for
each additional story over
d
hi
h
b
ts
A
id
two stories.
UbliG stree
a
t shall haNxe a
Fni*Rum setb
agk of thiFt
(
30) feet feF
all 6tFuGtwer,
w
e
a
u
(aa)
ny s
e YaF
p
y
.
GED15302713s4393.01 9
(b) Any side or rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all
structures.
(c) Front setbacks for one- or two-family dwelling structures on lots or portions of lots which abut cul-de-sacs
may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See
Figure 26-123.3.)
(d) A minimum of three thousand nine hundred sixty (3,960) square feet of land area shall be required for each
dwelling unit for multifamily buildings.
(e) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet.
StFeets. (See seation 26 502.)
(f) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages.
(a) Metal accessory buildings over 120 square feet in size are not permitted.
NOTE: The requirements of section 26-120 (9) (C) (2) shall not apply to require compliance with minimum lot area
and/or minimum land area per unit requirements otherwise applicable to the reconstruction of multifamily
dwelling units in the R-23A district, where such structures and their reconstruction meet all of the following
requirements: (1) the structure was legally in existence on September 8, 1997, (2) the structure is located
upon a lot which does not meet the then-applicable minimum lot area and/or minimum land area per unit
requirements for such proposed reconstruction, and (3) such reconstruction is restricted to replacement of
the structure which has been destroyed. This exemption shall not apply to: (1) new construction where no
replacement of a preexisting structure takes place or (2) reconstruction of structures which were not legally
in existence (as distinguished from legal nonconforming structures).
Section 8. Wheat Ridge Code of Laws, Section 26-611 "Building Setbacks" is
amended by the addition of a new subsection; the entire section, as amended, to read
as follows:
Sec. 26-611 Building setbacks.
A. Generally, building setback shall be measured at right angles from the closest
property line to the outermost wall of a building. In Residential Zone Districts Only,
encroachments into required setback areas shall not be permitted except as follows, provided,
however, that no encroachment into a side or rear yard is allowed in the NC, RC, C-1, C-2,
or I zone districts when adjacent to a residentially zoned property:
Porches, patios, decks and balconies. Porches, patios, decks and balconies
which are open on at least two (2) sides may encroach into a front setback up to
eight feet or into a side or rear yard a maximum of one-third the distance to the
closest property line.
2. Architectural features. Cornices, eaves, beltcourses, sills, canopies or other
similar architectural features, including bay windows, may extend or project into a
required front, side or rear yard not more than thirty (30) inches.
3. Chimneys. Chimneys may project into a required front, side or rear yard not
more than two (2) feet, provided the width of such yard is not reduced to less
than three (3) feet.
4. Fire escapes, open stairways. A fire escape or open stairway may extend into
any front, side or rear yard, provided the width of such yard is not reduced to less
than three (3) feet.
B. If fifty percent (50%) or more of the main buildings within a built-up area in any
district have more or less than the required front yard, each new main building shall have a front
GED453027T384393.01 10
yard consistent with the average building setbacks in the immediate area, except that for the
purpose of computing such average, a front yard in excess of fifty (50) feet shall be deemed to
be fifty (50) feet, and a setback less than fifteen (15) feet shall be deemed to be fifteen (15) feet.
For the purpose of this regulation, an immediate area shall be deemed "built-up" if fifty percent
(50%) or more of the lots within the same block and within two hundred (200) feet on each side
lot line of any particular lot have been improved with buildings. However, in no instance shall a
structure encroach into a required sight distance triangle.
Section 9. Wheat Ridge Code of Laws, Section 26-123 "Definitions" is amended, to
read as follows:
Building, accessory. A subordinate building or portion of a main building the use of which is
incidental to that of the main building on the same lot. These accessory buildings shall
include, but are not limited to, private storage sheds, detached garages, detached
carports, membrane structures that meet current building code requirements, chicken
coops, gazebos, greenhouses and barns. An accessory building must be clearly
subordinate to a main use located on the same lot. Additionally, an accessory structure
shall not be located on a vacant lot devoid of a main building.
Building, main. The building housing the principal (primary and most important) use(s)
permitted for the lot upon which it is located, and provided that to be classified as one (1) main
building the total structure shall have a continuous roof and must share a common wall of at
least five (5) feet in length.
Section 10. Wheat Ridge Code of Laws, Section 26-204 "Zone District Use
Schedule" is amended, to read as follows:
Accessory Uses For Residential Uses
Notes
Bee Keeping
See § 26-603 and 607
Ancillary uses operating within a
e.g.: Day care centers, scout meetings
church's primary structure
Home occupations
See § 26-613
Accessory buildings
See § 26-123; 605 (excludes keeping of swine);
606. Accessory buildings shall not be located on
a vacant lot devoid of any primary or main
building.
Household Pets, limited to no more
Plus their unweaned offspring
than 3 dogs and 4 cats
Private swimming pools, tennis courts,
See § 26-603
and other recreational facilities
Public and private communications
For satellite earth receiving stations, see § 26-616
GED\53027\384393.01 11
towers, television or radio antennae
and § 26-617
Public utility lines and poles, irrigation
channels, storm drainage and water
supply facilities
Rooming and/or boarding of not more
On a contract basis for not less than 7 days
than 2 persons
Water Towers and above ground
Not in excess of 35 feet
reservoirs
Section 11. 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 12. Severability Conflicting Ordinances Repealed. If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall
not be affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
Section 13. Effective Date. This Ordinance shall take effect fifteen days after
final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to
on 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 29th 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:
GEDZ302T384393.01 12
Wanda Sang, City Clerk
Approved As To Form
First Publication:
Second Publication:
Wheat Ridge Transcript
Effective Date:
Gerald E. Dahl, City Attorney
GEM5302T384393.01 13
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City of Wheat Ridge DoE WHEgT~i
Community Development Department
Memorandum ~~<ORA~~
TO: Planning Commission
FROM: Alan White, Community Development Director 0wV
SUBJECT: Case No. 03-09; Residential Setbacks, Accessory Structures and Number of
Structures
DATE: May 30, 2003
Please note: This agenda item has been noticed as a public hearing; however, staff is requesting
discussion on the topics with direction given to come back with the Planning Commission
recommendations in ordinance form at either the June 19`h or July 17`h meeting.
The following is a summary of staff recommendations regarding setbacks in residential zone
districts. The changes incorporate most recommendations from Planning Commission from two
years ago when this was looked at by the Commission and re-affirmed in April of this year. Also
proposed are changes to the setback requirements, maximum heights and for detached
garages/carports and sheds.
Two years ago a change to the definition of building height was proposed. This cannot be
accomplished through an ordinance amendment because the Charter contains a definition of building
height which is:
"The vertical distance measured from the average elevation of the finished grade of the
building to the highest point of the roof surface if a flat roof, to the deck line of a mansard
roof, and to the mean height level between eaves and ridge for a gable, hip, gambrel or other
roof. "
Attached is a chart summarizing the development standards for the various residential zone districts
(Exhibit 1).
Setbacks for One Family Dwellings:
Setbacks in residential areas were discussed two years ago, without any resolution of the issue. The
same inconsistencies still exist in the Code, and these should be changed. Proposed changes are
discussed below.
Planning Commission recommendations from two years ago were:
1. Change the R-IA side setback to 10 feet.
2. In all other residential zone districts for single family and duplex structures, change the
side yard setback requirement to require 5 feet per story.
3. Reconcile the footnotes and figures in the tables for multi-family dwellings in the R-3 and
R-3A districts by changing the side and rear setbacks to 15 feet for the first 2 stories plus 5
feet per story for structures above 2 stories.
4. Change the setback exceptions to limit the permitted encroachments into required side
yards to 5 feet. (Any permitted encroachment must be a minimum of 5 feet from the
property line.)
Staff recommendations were and still are:
1. Change the side setbacks in the R-2A, R-3 and R-3A districts to require 5 feet per story
for one- and two family structures. While on the surface this appears to limit the ability for
homeowners to construct additions to existing homes, there is a provision in the code that
allows additions to be built "in line" with existing walls of structures, even if required
setbacks are not met. The addition can encroach no further than the existing structure. This
has been interpreted to include building in line vertically as well as horizontally. Otherwise,
additions and "pop tops" on narrower lots in the City would be difficult. This interpretation
should remain so that only new one- and two family structures in the R-2A, R-3, and R-3A
districts would be required to meet the 5 feet per story setback.
2. Reconcile the footnotes and figures in the tables for multi-family dwellings in the R-3 and
R-3A districts by changing the side and rear setbacks to 15 feet for the first 2 stories plus 5
feet per story for structures above 2 stories.
3. The setback exceptions in Section 26-611 should remain as currently written, except add
the following language to (b): "provided, however, that no encroachment into a side or rear
yard is allowed in the NC, RC, C-1, C-2, or I zone districts when adjacent to a residentially
zoned property."
Setbacks for Accessory Structures
The discussion in April ended with the Commission requesting information on the regulations of
surrounding communities. Exhibits 2 and 3 summarize the setbacks and heights of allowed
accessory structures and detached garages and carports in various jurisdictions surveyed. Note in
Exhibit 1 that the side and rear setbacks for these structures in most zone districts are 5 feet in Wheat
Ridge. Most side and rear setback areas are also utility easements, meaning no permanent structures
can be located in the area anyway.
Note that although the requirements for some jurisdictions for garages and sheds appear to be the
same, the jurisdiction may treat both structures under an umbrella category of "accessory structure."
Blanks in the chart indicate that no information could be found for the particular development
standard.
The standards for these structures vary from jurisdiction to jurisdiction as can be seen from the
charts. Due to the impacts these structures may have on adjacent properties, consideration should be
given to lowering the maximum permitted height for sheds. The issue is not as simple with garages.
Heights may need to be larger to accommodate large vehicles such as RV's.
Setbacks should be changed, but the new requirement needs to be easy to administer. Consideration
should be given to establishing setbacks for sheds and garages in a manner similar to signs: If less
than X feet in height, the setback is 5 feet; from X to Y feet in height, the setback is 10 feet; from Y
to the maximum height, the setback is 15 feet. The height and setback requirements should be the
same for all residential zone districts.
The use of prefabricated metal-sided buildings should be prohibited for sheds and garages greater
than 120 square feet. There are new products now available and you can get rubber and vinyl sheds.
Should there be any prohibition on the use of these types of structures?
Number of Structures:
The Commission requested that limitations on the number of allowed accessory structures be
researched also. Exhibits 2 and 3 include the restrictions of the surveyed jurisdictions and, as with
the other standards, they vary.
In Wheat Ridge there are two regulations that control how much of a lot can be covered by
buildings. One is the maximum building coverage percentage. This includes structures, but does not
include improvements such as driveways, sidewalks, tennis courts, other paved surfaces, or decks.
The other limitation is the maximum permitted size of a detached garage or carport and a shed.
Garages are permitted to be from 600 to 1,000 square feet and a shed can be a maximum of 400
square feet. The square footage counts towards the building coverage maximum, but the 400 square
feet of shed can be used up with four 100 square-foot sheds.
It makes sense to relate the allowed square footage of accessory buildings to the size of the lot. The
current regulations permit the same size shed (400 square feet) in all single family zone districts.
Consideration should be given to limiting the combined square footage of sheds and detached
garages/carports to a percentage of the lot. The building coverage percentages should remain
unchanged. This will limit the amount of building square footage in proportion to the building lot.
Historically, the garage and shed square-footages have been allowed to be combined (for a larger
shed or larger garage) as long as the building coverage is not exceeded and the square footage
remains below the combined total allowed. With a percentage of lot as a maximum and the
maximum building coverage, a homeowner could use the square footage for whatever kind of
structure was desired.
Summary of Recommendations
1. Change the side setbacks in the R-2A, R-3 and R-3A districts to require 5 feet per story for
one- and two family structures. Maintain the existing interpretation of "building in line" so
that the new setback requirement doesn't apply to pop-tops.
2. Reconcile the footnotes and figures in the tables for multi-family dwellings in the R-3 and R-
3A districts by changing the side and rear setbacks to 15 feet for the first 2 stories plus 5 feet
per story for structures above 2 stories.
3. Keep the setback exceptions in Section 26-611 as currently written, except add the following
language to (b): "provided, however, that no encroachment into a side or rear yard is allowed
in the NC, RC, C-l, C-2, or I zone districts when adjacent to a residentially zoned property."
4. Lower the maximum permitted height for sheds to 10 feet and for garages to 15 feet.
Increase the side and rear setback such that if the shed or detached garage/carport is less than
X feet in height, the setback is 5 feet; between X and Y feet in height, the setback is 10 feet;
and over Y feet up to the maximum height, the setback is 15 feet. The height and setback
requirements should be the same in all residential zone districts.
5. Limit the combined square footage of sheds and detached garages/carports to a percentage of
the lot. The building coverage percentages should remain unchanged.
6. Prohibit the use of metal buildings greater than 120 square feet in size in residential zone
districts.
Recommended Motion:
"I move to continue the public hearing on Case No. 03-09 to (date) and to request staff to
prepare an ordinance with the following recommendations for changes:
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3
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 June 5, 2003, at 7:00 p.m. in the City Council
Chambers of the Municipal Building at 7500 West 29u 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-03-05: An ordinance amending portions of Chapter 26 of the
Code of Laws of the City of Wheat Ridge concerning "Family Foster Homes" and
"Residential Group Homes".
Case No. ZOA-03-09: An ordinance amending Chapter 26 of the Wheat Ridge
Code of Laws pertaining to heights and setbacks for residential accessory
structures and exceptions thereto.
Case No. ZOA-03-10: An ordinance amending Section 26-103 of the Wheat
Ridge Code of Laws concerning the submittal of applications subject to the site
development review process.
Kathy Field, Administrative Assistant
ATTEST:
Wanda Sang, City Clerk
To Be Published: Wheat Ridge Transcript
Date: May 29, 2003
City of Wheat Ridge of ""EgTP
Community Development Department
Memorandum ~~~oRaoo
TO: Randy Young, City Manager
FROM: Alan White, Community Development Director
SUBJECT: Planning Commission Recommendations Re: Membrane Structures, Setbacks, Etc.
DATE: April 21, 2003
Planning Commission considered these various topics at a workshop on April 17, 2003. The
following is a summary of their recommendations:
Membrane Structures - The Commission recommended no change to the current practice
of allowing these structures if snow and wind load requirements are met and to treat them
as detached garages or carports. Apply the appropriate garage/carport setbacks and
height restrictions. The footprint counts toward the detached garage maximum square
footage and toward the building coverage limit.
2. Setbacks - The same recommendations as two years ago in dealing with setbacks for
main'structures and encroachments were recommended again. (See attached memo.)
The Commission recommended further study of 1) the "building in line" rule as is applies
to pop tops and 2) maximum height and setback requirements for accessory structures.
They requested that staff investigate how surrounding communities address both issues.
The Commission recommended waiting for the recommendations of the RV Parking
group to formalize their recommendations before the Commission addressed the issue of
parking vehicles in setback areas. Other than vehicle parking, the Commission
recommended not making any changes to what can and can't be located in a setback area.
Number of Structures - The Commission recommended not setting a limit on the number
of structures permitted on a lot. Building coverage already addresses how much of a lot
can be covered with structures. It was recommended to investigate surrounding
jurisdictions' regulations for any restrictions on maximum garage and shed sizes and/or
limitations on the accessory structures.
4. Non-conforming Structures - Although not included in the direction of Council, this
issue is one that will be an.outcome of any changes to existing regulations. Amortizing
or grandfathering structures are the two options and Planning Commission recommended
addressing the issue after the current legislative session ends in order to know the fate of
the proposed amortization legislation.
C:Trojects\zoning a mendments\Residential Setbacks\apr 03 pc rmommeadadons.doc
6. PUBLIC FORUM
There were none present to address the Commission during this portion of the meeting.
PUBLIC HEARINGS
A. Case No. MS-02-04: An application filed by Daniel and Diane Brauer for approval of
a two-lot minor subdivision plat including a 6-foot variance to the 75-foot lot width
requirement in the R-2 zone district, resulting in a lot width of 69 feet on property
zoned Commercial-One, Residential-Two and Residential-Three and located at 6375
West 44a' Avenue.
Due to an error in the public notice, this case could not be heard and staff recommended
continuation to Thursday, May 1, 2003.
It was moved by Commissioner BERRY and seconded by Commissioner DAVIS to move
Case No. MS-02-04 to the Planning Commission meeting of May 1, 2003. The motion
passed 7-0 with Commissioner PLUMMER absent.
B. Case No. ZOA-03-05: An ordinance amending Section 26-123 of the Wheat Ridge
Code of Laws concerning the definition of "Family Foster Home."
Alan White presented this case. He stated that all notification requirements had been met and
therefore the Commission had jurisdiction to hear the case. A recent Colorado Supreme Court
ruling found that the number of children housed in a foster home cannot be limited. Therefore,
it is necessary to amend the City Code to remove the limitation of four children not related to
the caretaker in a family foster home.
It was moved by Commissioner WEISZ and seconded by Commissioner DAVIS that Case
No. ZOA-03-05, an ordinance amending Section 26-123 of the Wheat Ridge Code of Laws
concerning the definition of "Family Foster Home", be forwarded to City Council with a
recommendation for approval for the following reasons:
1. It will remove the limitation of four children not related to the caretaker in a
family foster home.
2. The amendment is consistent with recent action by the Colorado Supreme Court.
The motion passed 7-0 with Commissioner PLUMMER absent.
8. OLD BUSINESS
There was no old business to come before the Commission.
9. NEW BUSINESS
A. Study Session regarding membrane structures, setbacks, etc.
At City Council's direction, staff was directed to look at the issue of membrane structures,
building heights, setbacks and number of buildings allowed in residential zone districts.
Planning Commission Page 2
4-17-03
Planning Commission was requested to discuss these matters and arrive at recommendations to
City Council.
Discussion points:
Membrane Structures:
Complaints are not received about membrane structures and they don't present safety issues
because they have to meet code requirements.
• Two-story membrane structures should not be allowed.
• Membrane structures should continue to be treated in the same manner as carports.
• There was a consensus that no changes to present regulations for membrane structures are
necessary.
Setbacks:
An additional 5-foot setback should be required for each story for multi-family structures
over two stories high.
Setbacks should be increased for 2-story accessory structures.
• Consider reducing fees for accessory structures as opposed to permanent structures.
• While complaints are not received about metal structures in general, size and maintenance
of metal structures should be considered.
• Consensus for further study on heights and increased setbacks for accessory structures as
well as the "building-in-line rule.
Number of Structures:
• Consensus for further study on building coverage requirements.
• Consensus that number of structures on a property should not be limited.
Nonconforming Structures:
This matter will be discussed at a future time.
IL What can be located in a setback area:
• Placing objects in setbacks could interfere with proper drainage.
B. Housekeeping Matters
Chair McNAMEE offered the following procedural reminders to the Commission:
She encouraged members to be concise in questioning applicants and to avoid repetition.
There is a 5-minute rule in the bylaws
Questions that need research should be posed to staff a few days before the meeting (rather
than during the meeting) in order to give them time to find the answers.
Try to avoid questions regarding drainage issues, traffic issues, etc., that have already been
Planning Commission Page
4-17-03
City of Wheat Ridge ~oF WHEgrP
Community Development Department m
Memorandum ~~~ORP~~
TO: Planning Commission
FROM: Alan White, Community Development Director.' )
SUBJECT: Membrane structures, setbacks, building heights, and number of buildings
DATE: April 9, 2003
Based upon a concern expressed by staff about membrane structures, Council directed staff to look
at not only the issue of membrane structures; but building heights, setbacks, and number of buildings
allowed in residential zone districts. Attached are some pictures illustrating the types of issues that
should be addressed.
Also attached are a chart summarizing the development standards for the various residential zone
districts (Exhibit 1) and a list of what is and isn't allowed in setback areas (Exhibit 2).
Council's direction included looking at a number of individual, but interrelated standards. In order
to frame the Commission's discussion on these topics, what follows is a list of questions/comments
relating to the topics. For some of you certain topics will be deja vu - we discussed residential
setbacks two years ago, but no changes were made to the Code.
Membrane Structures (See attached photo, Exhibit 3):
These structures are more properly called "frame covered structures." A frame covered structure is
defined in the Building Code as "a non-pressurized building wherein the structure is composed of a
rigid framework to support tensioned membrane that provides the weather barrier." A membrane i;
a thin, flexible, impervious material and is distinguished from a tent.
These structures have become increasingly popular since they can be used as relatively inexpensive
garages or carports. Until recently, they could not meet building code requirements for snow and
wind loading and were not issued permits. They now met these requirements and permits are being
issued for these structures, provided the setbacks are met. The setbacks for detached garages dd9;Y4 y
carports are applied. *t114,y
The issue surrounding the use of these structures is aesthetic. Should they ~e allowed? If
allowed, are there other setback or height standards that should be applied? Should there be a
size limitation as with detached garages and shedgg?
/.1 i._ ,11h.,ud a"r. ST.
j PnNh u-a,y oulol k q('0i49urlej -ffom trx, kl*t row, sf v4reS
Setbacks:
Setbacks in residential areas were discussed two years ago, without any resolution of the issue. The
same inconsistencies still exist in the Code, and these should be changed. See attached memo
(Exhibit 4) for Planning Commission and staff recommendations.
Included in the discussion this time should be the setbacks and heights of allowed accessory
structures, or detached garages and carports and sheds. Note in Exhibit 1 that the side and rear
setbacks for these structures in most zone districts are 5 feet. These regulations result in the situation
shown in Exhibit 5.
g
Most side and rear setback areas are also utility easements, meaning no permanent structures can be
*4-.
located in the area anyway.
Jt'
Consideration should be given to lowering the maximum permitted height for accessory
structures so that they are one-story in height. Another option would be to increase the setback if
I
the accessory structure is over 10 or 12 feet in height. I ~C _ 1oo~ d~ WWP 66( 6l
1
1
5B1
5
From Exhibit 2, are there things permitted in the setback area that shouldn't be permitted?
Fences, landscaping, sidewalks, and driveways are logically located in setback areas, but what
about vehicles and play equipment? See Exhibits 6 and 7. KV;- _ LINT ^5v- Of 'fas-
rca,
Consideration should be given to adopting the staff recommendations contained in the January 9,
2001 memo. These involve setbacks for primary structures (dwellings) and clean up existing
inconsistencies in the Code. Retaining the existing language regarding permitted encroachments
is recommended.
Related to the setback issue are the definitions of building height and story. These will need to be
revisited.
r~ - u6w 5
One issue that needs a recommendation is the "building-in-line" rule of the non-conforming
provisions. This states that for one and two family structures that don't meet setbacks, the
structures can be enlarged as long as the existing setback is maintained. Last time there was
discussion that for a "pop-top," the setback should be increased for the second story.
A related issue is the use of metal garages and sheds. Metal buildings are not permitted in
commercial and industrial zone districts. No such prohibition exists for residential districts.
Should they be prohibited? haiv1 . (=S-.Up._. - OK- dp F7E ; It
Number of Structures:
Currently there is no limitation on the number of structures permitted on a residential lot. However,
there are two regulations that control how much of a lot can be consumed by buildings. One is the
maximum building coverage percentage. This includes structures, but does not include
improvements such as driveways, sidewalks, tennis courts, other paved surfaces, or decks.
The other limitation is the maximum permitted size of a detached garage or carport and a shed.
Garages are permitted to be from 600 to 1,000 square feet and a shed can be a maximum of 400
square feet. The square footage counts towards the building coverage maximum, but the 400 square
feet of shed can be used up with four 100 square-foot sheds.
Historically, the garage and shed square-footages have been allowed to be combined (for a larger
shed or larger garage) as long as the building coverage is not exceeded and the square footage
remains below the combined total allowed. For example, in the R-IA zone district the maximum
combined square-footage permitted for a detached garage and shed is 1,400 square feet. A person
would be allowed to have a 1,200 square-foot detached garage, but only 200 square feet of shed
space.
.10
Should the number of accessory structures be limited? Or should the size per structure be
limited, with only two or three structures permitted? Would the impact of the garage in Exhibit
5 be any less if there were two or three separate structures?
Should the maximum permitted square footages for garages and sheds be lowered?
Should the practice of allowing the use of the combined square-footage for detached garages
and sheds be expressly prohibited in the Code? /'-Z -1- -A. / i _ . - v
Non-conforming Structures:
Any changes in regulations dealing with setbacks, heights, allowable square-footages, and materials
will result in the creation of structures that do not meet the new requirements. Decisions will need to
be made to deal with these situations.
Setbacks, heights, and square-footages are all development standards for which variances can be
requested. If the number of structures is restricted, it will need to be decided if a variance to the
number can be obtained.
Changes to the development standards have the potential to increase the number of variances
requested and thus increase staff workload.
There are two options in dealing with non-conforming situations:
1. Allow the non-conforming situation to exist in perpetuity (grandfather the situation).
2. Require the non-conformity to be brought into compliance within a specified period
of time (amortization). This will be extremely difficult with permanent structures or
where residents have invested in something on their property that they can no longer
use.
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3
EXHIBIT 1
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EXHIBIT 2
RESIDENTIAL SETBACKS
Definition: A setback is that portion of a lot to the front, side, or rear within which permanent structures are
not permitted. It is sometimes referred to as the required yard.
Purpose: Setbacks are established to assure that an effective separation is provided between properties and
uses to foster compatibility, identity, privacy, light, air, ventilation and visual relief.
What can be located in a setback area?
Under Section 26-611, Building setbacks:
• Porches, patios, decks and balconies open on at least 2 sides may encroach into a front setback up to 8
feet or into a side or rear yard a maximum of one-third of the required setback.
• Cornices, eaves, beltcourses, sill, canopies and similar architectural features may extend into a required
yard not more than 30 inches.
• Chimneys may project into a required yard not more than 2 feet, provided the remaining yard is at least
3 feet.
• Fire escapes or open stairways may extend into a required yard, provided the remaining yard is at least
3 feet.
Under section 26-120 C, Non-conforming lots, uses and structures:
• One and two-family structures or customary accessory structures that are non-conforming with respect
to setbacks, may be enlarged so long as the enlargement does not extend beyond the existing setback
line and the lot coverage requirement is met. ea- 6,\&Y pr tuft IV` S~
Driveways and sidewalks ~
Swing sets and play structures
Basketball hoops/courts without fence j
Landscaping
Parked vehicles (R:V;st be 6 feet from the front property line only)
Allowed dumpst ulti-family uses only)
Side yard setback areas tend to be used for storage of stuff because the minimum 5-foot setback creates a "no-
man's land"
What cannot be located in a setback area?
Any primary structure, addition thereto, deck, or enclosed porch (Required setbacks for each of the residential
zone districts are shown on the attached chart)
Any accessory structure such as a shed, detached garage, gazebo, or membrane structure (Required setbacks for
each of the residential zone districts are shown on the attached chart)
Private recreational facilities such as tennis courts and surrounding fences'
Hot tubs, swimming pools
Chicken coops, pigeon coops (setbacks are larger for these types of structures)
C:\Projects\zoningamendments\Residential Setbacks\what can and cml.doc _
EXHIBIT 3
EXHIBIT 4
TO: City Council
FROM: Alan White, Planning and Development Director
SUBJECT: Case No. ZCA 01-02, Residential Setback Standards
DATE: January 9, 2001
During the adoption of Chapter 26, Council gave direction to staff to investigate the
recommendations of WRUN pertaining to residential setbacks and exceptions thereto. No
changes were made to the required setbacks during the re-write of Chapter 26. The setbacks are
shown in the following table.
Residential Setback Requirements
Zone District
Side Setback'
Rear Setback'
Lot Width
R-1
Single Family
15'
15'
100'
R-1 A
Single Family
15'total 2 sides; 5' min.
15'
75'
R-1 B
Single Family
15'total 2 sides; 5' min.
10'
60'
R-1 C
Single Family
57story
10'
50'
R-2
Single Family
15'total 2 sides
10'
75' (80' comer lot)
Duplex
15'total2 sides
10'
100'
R-2A
Single Family
57story
10'
60' (80' comer lot)
Duplex
57story
10'
75' (80' corner lot)
Multi-Family
57story
10'(+ 57story > 2)
100'
R-3
Single Family
5'
10'
60'180' comer lot)
Duplex
5'
10'
75' (80' comer lot)
Multi-Family
15'(+ 57story > 2) "
10'(+ 57story >2) "
100'
R-3A
Single Family
5'
10'
60' (80' comer lot)
Duplex
5'
10'
75' (80' comer lot)
Multi-Family
15'(+ 57story > 2) "
10' (+5'/story > 2) "
100'
' The setback is increased to 30' when adjacent to a public street.
Footnote to the chart is confusing and doesn't reflect the requirements listed in the development standards chart.
Planning Commission recommendations were to:
1. Change the R-IA side setback to 10 feet.
2. In all other residential zone districts for single family and duplex structures, change
the side yard setback requirement to require 5 feet per story.
3. Reconcile the footnotes and figures in the tables for multi-family dwellings in the R-3
and R-3A districts by changing the side and rear setbacks to 15 feet for the first 2 stories
plus 5 feet per story for structures above 2 stories.
4. Change the setback exceptions to limit the permitted encroachments into required side
yards to 5 feet. (Any permitted encroachment must be a minimum of 5 feet from the
property line.)
Staff recommendations are:
(Changing setbacks in zone districts should be done only after careful consideration.
Once changed, there will be structures that will become non-conforming. However, the
non-conforming provisions of the Code exempt one- and two-family structures from the
`ho enlargement, alteration, or addition restriction. " This is not the case for multi-
family dwellings.)
1. Originally staff recommended changing the R-IA side setback to 10 feet. A footnote
was overlooked in the chart and the actual required side setback is 15 feet total both sides,
with a minimum of 5 feet on one side. (It is shown correctly in the table on the first
page.) 10 feet still makes sense from the standpoint of having decreasing setbacks as lots
get smaller, but the current requirements aren't as out of line as originally presented.
2. Change the side setbacks in the R-2A, R-3 and R-3A districts to require 5 feet per
story for one- and two family structures. While on the surface this appears to limit the
ability for homeowners to construct additions to existing homes, there is a provision in
the code that allows additions to be built "in line" with existing walls of structures, even if
setbacks are not met. The addition can encroach no further than the existing structure. I
have interpreted this to include building in line vertically as well as horizontally.
Otherwise, additions and "pop tops" on narrower lots in the City would be difficult.
3. Reconcile the footnotes and figures in the tables for multi-family dwellings in the R-3
and R-3A districts by changing the side and rear setbacks to 15 feet for the first 2 stories
plus 5 feet per story for structures above 2 stories.
4. The setback exceptions in Section 26-611 should remain as currently written, except
add the following language to (b): "provided, however, that no encroachment to a side or
rear yard is allowed in the NC, RC, C-1, C-2, or I zone districts when adjacent to a
residentially zoned property."
C.-NMyAles\WPFIesTroject (zoning a nd=atsx a setbacks ce ss ==.wpd
EXHIBIT 5
J.
EXHIBIT 6
EXHIBIT 7
City of Wheat Ridge ~pf WHEgT p
Community Development Department
Memorandum c~~ORAO~
TO: Planning Commission
FROM: Alan White, Community Development Director 6`,o
SUBJECT: Membrane structures, setbacks, building heights, and number of buildings
DATE: April 9, 2003
Based upon a concern expressed by staff about membrane structures, Council directed staff to look
at not only the issue of membrane structures, but building heights, setbacks, and number of buildings
allowed in residential zone districts. Attached are some pictures illustrating the types of issues that
should be addressed.
Also attached are a chart summarizing the development standards for the various residential zone
districts (Exhibit 1) and a list of what is and isn't allowed in setback areas (Exhibit 2).
Council's direction included looking at a number of individual, but interrelated standards. In order
to frame the Commission's discussion on these topics, what follows is a list of questions/comments
relating to the topics. For some of you certain topics will be deja vu - we discussed residential
setbacks two years ago, but no changes were made to the Code.
Membrane Structures (See attached photo, Exhibit 3):
These structures are more properly called "frame covered structures." A frame covered structure is
defined in the Building Code as "a non-pressurized building wherein the structure is composed of a
rigid framework to support tensioned membrane that provides the weather barrier." A membrane is
a thin, flexible, impervious material and is distinguished from a tent.
These structures have become increasingly popular since they can be used as relatively inexpensive
garages or carports. Until recently, they could not meet building code requirements for snow and
wind loading and were not issued permits. They now met these requirements and permits are being
issued for these structures, provided the setbacks are met. The setbacks for detached garages or
carports are applied.
The issue surrounding the use of these structures is aesthetic. Should they be allowed? If
allowed, are there other setback or height standards that should be applied? Should there be a
size limitation as with detached garages and sheds?
Setbacks:
Setbacks in residential areas were discussed two years ago, without any resolution of the issue. The
same inconsistencies still exist in the Code, and these should be changed. See attached memo
(Exhibit 4) for Planning Commission and staff recommendations.
Included in the discussion this time should be the setbacks and heights of allowed accessory
structures, or detached garages and carports and sheds. Note in Exhibit 1 that the side and rear
setbacks for these structures in most zone districts are 5 feet. These regulations result in the situation
shown in Exhibit 5.
Most side and rear setback areas are also utility easements, meaning no permanent structures can be
located in the area anyway.
Consideration should be given to lowering the maximum permitted height for accessory
structures so that they are one-story in height. Another option would be to increase the setback if
the accessory structure is over 10 or 12 feet in height.
From Exhibit 2, are there things permitted in the setback area that shouldn't be permitted?
Fences, landscaping, sidewalks, and driveways are logically located in setback areas, but what
about vehicles and play equipment? See Exhibits 6 and 7.
Consideration should be given to adopting the staff recommendations contained in the January 9,
2001 memo. These involve setbacks for primary structures (dwellings) and clean up existing
inconsistencies in the Code. Retaining the existing language regarding permitted encroachments
is recommended.
Related to the setback issue are the definitions of building height and story. These will need to be
revisited.
One issue that needs a recommendation is the "building-in-line" rule of the non-conforming
provisions. This states that for one and two family structures that don't meet setbacks, the
structures can be enlarged as long as the existing setback is maintained. Last time there was
discussion that for a "pop-top," the setback should be increased for the second story.
A related issue is the use of metal garages and sheds. Metal buildings are not permitted in
commercial and industrial zone districts. No such prohibition exists for residential districts.
Should they be prohibited?
Number of Structures:
Currently there is no limitation on the number of structures permitted on a residential lot. However,
there are two regulations that control how much of a lot can be consumed by buildings. One is the
maximum building coverage percentage. This includes structures, but does not include
improvements such as driveways, sidewalks, tennis courts, other paved surfaces, or decks.
2
The other limitation is the maximum permitted size of a detached garage or carport and a shed.
Garages are permitted to be from 600 to 1,000 square feet and a shed can be a maximum of 400
square feet. The square footage counts towards the building coverage maximum, but the 400 square
feet of shed can be used up with four 100 square-foot sheds.
Historically, the garage and shed square-footages have been allowed to be combined (for a larger
shed or larger garage) as long as the building coverage is not exceeded and the square footage
remains below the combined total allowed. For example, in the R-IA zone district the maximum
combined square-footage permitted for a detached garage and shed is 1,400 square feet. A person
would be allowed to have a 1,200 square-foot detached garage, but only 200 square feet of shed
space.
Should the number of accessory structures be limited? Or should the size per structure be
limited, with only two or three structures permitted? Would the impact of the garage in Exhibit
5 be any less if there were two or three separate structures?
Should the maximum permitted square footages for garages and sheds be lowered?
Should the practice of allowing the use of the combined square-footage for detached garages
and sheds be expressly prohibited in the Code?
Non-conforming Structures:
Any changes in regulations dealing with setbacks, heights, allowable square-footages, and materials
will result in the creation of structures that do not meet the new requirements. Decisions will need to
be made to deal with these situations.
Setbacks, heights, and square-footages are all development standards for which variances can be
requested. If the number of structures is restricted, it will need to be decided if a variance to the
number can be obtained.
Changes to the development standards have the potential to increase the number of variances
requested and thus increase staff workload.
There are two options in dealing with non-conforming situations:
1. Allow the non-conforming situation to exist in perpetuity (grandfather the situation).
2. Require the non-conformity to be brought into compliance within a specified period
of time (amortization). This will be extremely difficult with permanent structures or
where residents have invested in something on their property that they can no longer
use.
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STUDY SESSION AGENDA
CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 W. 29th Avenue, Municipal Building
MARCH 17, 2003
7:00 P.M.
APPROVAL OF MINUTES OF February18, 2003
APPROVAL OF AGENDA
Item 1.
Item 2.
Discussion of Membrane Structures, Allowed Number of Buildings, Other
Types of Items Constructed, Heights and Setbacks. T-) Pc ~Fr
Discussion of Hotel/Motel Fund.
Item 3. Discussion of Rental Sales Tax.
RECOMMENDATIONS FOR SETBACKS
IN RESIDENTIAL AREAS
1. Create an intent clause that explains the purpose of setbacks: to assure
effective separation between properties and uses to foster compatibility,
identity, privacy, light, air and ventilation and to provide for landscaped areas
for visual relief and recreation.
2. Closely examine what can and can't be located in a setback area. Are there
things that are currently permitted to be located in setback areas that shouldn't
be allowed?
3. Examine the existing 20-foot maximum height for garages or carports, and
private storage sheds, barns, shelters, etc
CdProjecu\zoning a mendments\Residential Setbacks\RECOMMENDATIONS FOR SETBACKS.doc
1997 UNIFORM BUILDING CODE
Division [I-MEMBRANE STRUCTURES
0 SECTION 3111 -GENERAL
3111.1 Purpose. The purpose of this appendix is to establish
minimum standards of safety for the construction and use of
air-supported, air-inflated and membrane-covered cable or frame
structures, collectively known as membrane structures.
i 3111.2 Scope. The provisions of this appendix shall apply to
membrane structures erected for a period of 180 days or longer.
Those erected for a shorter period of time shall comply with appli-
cable provisions of the Fire Code.
EXCEPTION: Water storage facilities, water clarifiers, water
treatment plants, sewer plants, aquaculture pond Covers, residential
and agricultural greenhouses, and similar facilities not used for human
occupancy need meet only the requirements of Section 3112.2 and Sec-
tion 3115.
11
0 a mast and cable system provide support and tension to the mem-
3111.3 Definitions. For the purpose of this appendix, certain
terms are defined as follows:
AIR-INFLATED STRUCTURE is a building where the shape
of the structure is maintained by air pressurization of cells or tubes
to form a barrel vault over the usable area. Occupants of such a
structure do not occupy the pressurized area used to support the
structure.
AIR-SUPPORTED STRUCTURE is a building wherein the
shape of the structure is attained by air pressure and occupants of
the structure are within the elevated pressure area. Air-supported
structures are of two basic types:
1. Single skin Where there is only the single outer skin and
the air pressure is directly against that skin.
2. Double skin-Similar to a single skin, but with an attached
liner that is separated from the outer skin and provides an air space
that serves for insulation, acoustic, aesthetic or similar purposes.
A cable-restrained air-supported structure is one in which the
uplift is resisted by cables or webbing that are anchored to either
foundations or deadmen. Reinforcing cable or webbing may be at-
tached by various methods to the membrane or may be an integral
part of the membrane. This is not a cable-supported structure.
CABLE STRUCTURE is a ra npressurized structure in which
brane weather barrier and the membrane imparts structural stabil-
ity to the structure.
,FRAME-COVERED STRUCTURE is a nonpressurized
building wherein the structure is composed of a rigid framework
to support tensioned membrane that provides the weather barrier.
MEMBRANE is a thin, flexible, impervious material capable
of being supported by an air pressure of 1.5 inches of water col-
umn (373 Pa).
NONCOMBUSTIBLE MEMBRANE STRUCTURE is a
membrane structure in which the membrane and all component
parts of the structure are noncombustible as defined by Section
215.
TENT is any structure, enclosure or shelter constructed of can-
vas or pliable material supported by any manner except by air or
the contents it protects.
APPENDIX CHAPTER 31
SECTION 3112 - TYPE OF CONSTRUCTION AND
GENERAL REQUIREMENTS
3112.1 General. Membrane structures shall be classified as
Type V-N construction, except that noncombustible membrane
structures may be classified as Type I1-N construction.
EXCEPTION: A noncombustible membrane structure used ex-
clusively as a roof and located more than 25 feet (7620 mm) above any
floor, balcony or gallery is deemed to Comply with the roof construe-
lion requirements for Type I and Type Il fire-resistant construction,
provided that such a structure complies with the requirements of this
section.
3112.2 Membrane Material. Membranes shall be either non-
combustible as defined by Section 215, or flame retardant con-
forming to UBC Standard 31-1, which is a part of this code ( sed
Chapter 35)P
EXCEPTION: Plastic less than 20-mil (0.51 mm) thickness used
in greenhouses and for aquaculture pond covers need not be flame re-
tardant.
3112.3 Applicability of Other Provisions. Except as otherwise
specifically required by this section, membrane structures shall
meet all applicable provisions of this code. Roof coverings shall
be fire retardant.
EXCEPTION: Roof coverings for Group M, Division 1 Occupan-
cies not exceeding 1,000 square feet (93 m2) in area need not be fire
retardant.
3112.4 Allowable Floor Areas. The area of a membrane struc-
ture shall not exceed the limits set forth in Table 5-B, except as
provided in Section 505.
3112.5 Maximum Height. Membrane structures shall not ex-
ceed one story and shall not exceed the height limits in feet (mm)
set forth in Table 5-B.
EXCEPTION: Noncombustible membrane structures serving as
roofs only.
SECTION 3113 - INFLATION SYSTEMS
3113.1 General. Air-supported and air-inflated structures shall
be provided with primary and auxiliary inflation systems to meet
the minimum requirements of this section.
3113.2 Equipment Requirements. The inflation system shall
consist of one or more blowers and shall include provisions for au-
tomatic control to maintain the required inflation pressures. The
system shall be so designed as to prevent overpressurization of the
system.
In addition to the primary inflation system, in buildings exceed-
ing 1,500 square feet (139.4 m2) in area, there shall be provided an
auxiliary inflation system with sufficient capacity to maintain the
inflation of the structure in case of primary system failure.
The auxiliary inflation system shall operate automatically if
there is a loss of internal pressure or should the primary blower
system become inoperative.
Blower equipment shall meet the following requirements:
1. Blowers shall be powered by continuous rated motors at the
maximum power required for any flow condition as required by
the structural design.
2. Blowers shall be provided with inlet screens, belt guards and
other protective devices as may be required by the building offi-
cial to provide protection from injury.
3. Blowers shall be housed within a weather-protecting struc-
ture.
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STREET
IN--A+4
February 10, 2003
In reading both the director of community development, Alan
White's memo, and Randy Young's the city manager's memo,
there seems to be a concern in reference to membrane structures. I
quote the same sentence from both memo's "We do not have
anything in the zoning code that addresses the use of these
structures". Further, our current zoning code only addresses lot
coverage and not how many out buildings, etc. you may have on
residential property or what else you can construct or put up on
your property. It would seem appropriate that height restrictions
for anything placed in setbacks should also be looked at. We have
a limit of 6 feet in height for a fence on residential property and the
purpose as I understand it from the Director of Community
Development is to provide adequate light and air to the residents
among many other reasons.
After talking with Alan White and Randy Young it seems there are
number of gray areas in reference to the above mentioned items
that are not currently defined or in general that need to be looked at
and addressed in the zoning regulations.
I would like to have a consensus to have staff come back with
recommendations at the next available study session to discuss
with Council recommendations on all the items just mentioned.
Case No.: OA0309_ Quarter Section Map N o.:-~~
App: Last Name: Citywide Related Cases: OA0102__
App: First N ame: Case Histor y: mend code pertaining to
residential setbacks
Owns r: Last Name:
Owner: First Nam e: -
App Addre ss r- Review Body: PC - 6/5103
City, State Z ip: I
App: Pho ne: APN: I~
Owner Address: 2nd Revie w Body: [cc
City/St ate/Zip: 2nd Review Date I
Owner Phone: Decision-making Body CC~
Project Address: Appro val/Denial Date:
Street Name :
City/State, Zip: Reso/Ordinance No.:
Case Disposition: Conditions of Approval
District:
Project Planner: ite
File Lo cation: ctive Date Rec eived: 5/612003
Notes: t-~~
Follow- Up:~ Pre-App Date: 1
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