HomeMy WebLinkAbout26 - ZONING & DEVELOPMENT
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Chapter 26
ZONING AND DEVELOPMENT*
Article L ZONING CODE
Sec. 26-1. Name of code.
Sec. 26-2. Intent and purpose.
Sec. 26-3. Establishment of districts and provisions of official zoning map.
Sec. 26-4. Rules for interpretation and district boundaries.
Sec. 26-5. Defmitions.
Sec. 26-6. Legislative and administrative process and procedures.
See. 26~7. Nonconforming lots, uses and structures.
Sec. 26-8. Zoning districts.
Sec. 26-9. Reserved.
Sec. 26-10. Residential-One District (R-1).
Sec. 26-11. Residential-One A District (R-tA).
Sec. 26-12. Residential-One B District (R-1B).
Sec. 26-13. Residential-One C District (R-Ie),
See. 26-14. Residential-Two District (R-2).
Sec. 26-15. Residential-Two A District (R-2A).
Sec. 26-16. Residential-Three District (R..3).
See. 26-17. Residential-Three A District (R-3A).
Sec. 26-18. Agricultural-One District (A-I).
Sec. 26-19. Agricultural-Two Zone District regulations.
Sec. 26-20. Restricted Commercial-One District (RC-l).
See. 26-21. Restrict Commercial District (RC).
Sec. 26-22. Commercial-One District (C-l).
Sec. 26-23. Commercial-Two District (C-2).
See. 26-24. Light Induatrial (I).
Sec. 26-25. Planned development districts.
Sees. 26-26-26-29. Reaerved.
Sec. 26-30. General regulations.
See. 26~31. Off-street parking requirements.
Sec. 26-32. Landscape requirements.
Sec. 26-33. Excavation and deposit control.
Sec. 26-34. Reserved.
See. 26-35. Interpretation of zoning code.
ll<Editor's note-Chapter 26 is a compilation of the following ordinances as organized, numbered and ordered codified by Ord.
No. 827, ~ I, adopted April 9, 1990:
Ordinance
Number
Adoption
Date
Ordinance
Number
Adoption
Date
Ordinance Adoption
Numher Date
792
796
801
807
813
5- 8-89
6-12-89
7-24-89
9-25-89
12-11-89
814
818
821
822
823
12-11-89
~-12-90
2-26-90
2-26-90
2-26-90
748 2-22-88
765 6-13-88
774 9-26-88
789 4-24-89
790 4-24-89
791 5- 8-89
Provisions formerly codified as 9 26~1 and 26~2, setting out references to ordinances not affecting the Code and enforcement and
remedy provisions, and derived from, respectively, provisions presumably enacted during the 1988 codification and Ord. No.
1989-800, ~ 3, adopted July 28, 1989, have been deleted as being superseded by this compilation of ordinances as readopted by Ord.
No. 827.
Charter reference-Zoning procedures and restrictions, ~ 5.10 et seq.
Cross references-Duties of director ofplanniiig and development ~ 2-32; board of adjustment, ~ 2-61; buildings and building
regulations, Ch. 5; improvement districts, Ch. 10; streets and sidewalks, Ch. 21j urban renewal, Ch. 25; enforcement of floodplain
zoning, basic zoning and sign ordinance by code enfQr~ment officers, * 2-34. '
Supp. No. 20
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WHEAT RIDGE CITY CODE
Sec. 26-36. Violation and penalty.
Sec. 26-37. Severability.
See. 26-38. Application of zoning code.
Sees. 26-3~26-199. Reaerved.
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Article U. Floodplain Zoning
Reserved.
StatutorY authorization; findings of fact; public objectives to be
achieved.
Sec. 26-202. Definitions.
Sec. 26-203. General provisions.
Sec. 26-204. Flood Regulatory District.
Sec. 26-205. Flood District.
Sec. 26-206. Flood Storage District.
See. 26-207. Nonconforming uaes.
See. 26-208. Administration.
See. 26-209. Certificate of compliance.
See. 26-210. Enforcement and penalties.
See. 26-211. Amendments.
Sees. 26-212-26-299. Reserved.
Sec. 26-200.
Sec. 26-201.
Article m. Subdivision Regulations
Sees. 26-300-26-400. Reserved.
Article Iv. Sign Code
Sec. 26-401. Intent and purpose.
Sec. 26-402. Superaession.
Sec. 26-403. Definitions.
Sec. 26-404. Enforcement and penalties.
Sec. 26405. Contractor's license required.
Sec. 26-406. Permit required.
Sec. 26-407. Signs exempt from permit.
Sec. 26-408. General provisions.
Sec. 26-409. Prohibited signa.
Sec. 26-410. Permitted signs; specifications and regulations.
Sec. 26-411. Master sigo plan.
See. 26-412. Billboards; specifications and regulations.
Sees. 26-413-26-499. Reserved.
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Article v: Violations and Penalties
See. 26-500. Violations.
Sec. 26-501. Civil enforcement.
Sec. 26p502. Criminal action and penalty.
Sec. 26-503. Other remedies.
Sees. 26-504-26-599. Reserved.
Sec. 26-600.
Sec. 26-601.
Sec. 26-602.
See. 26-603.
See. 26-604.
See. 26-605.
Article VI. Historical Preservation
Intent and purpose.
Supplement to zoning provisions; other code sections unaffected.
Definitions.
Benefits of historic landmark designation.
Process for designation of historic landmark.
City council designation.
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Supp. No. 20
Sec. 26-606.
See. 26-607.
Sec. 26-608.
Sec. 26-609.
Sec. 26-610.
Sec. 26-611.
Sec. 26-612.
Sec. 26-613.
See. 26-614.
ZONING AND DEVELOPMENT
Community significance variances.
Limitations on development affecting historic landmarks.
Initial processing of applications for landmark alteration permits.
Minor change landmark alteration permits.
Major change landmark alteration permits.
Maintenance of historic landmarks.
Removal of historic designatioD.
Recordation of memorandum of action.
Violations and penalties.
Official ZoDing Map
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ZONING AND DEVELOPMENT
~ 26-3
ARTICLE I. ZONING CODE
Sec. 26-1. Name of code.
The provisions of Article I of Chapter 26 of the
Code of Laws of the City of Wheat Ridge, includ-
ing sections 26-1 through 26-199 inclusive, thereof,
shall hereinafter be known as the "Zoning Code of
the City of Wheat Ridge, Colorado."
(Ord. No. 1990-823, ~ 1, 2-26-90; Ord. No. 1990-
827, ~ 1, 4-9-90)
Sec. 26-2. Intent and Purpose.
(A) The intent and purpose of the Zoning Code
of the City of Wheat Ridge is to encourage the
most appropriate use ofland throughout the city
to ensure a logical growth of the various physical
elements of the City; to lessen congestion in the
streets and to facilitate the adequate provision of
transportation within and through the City; to
secure safety from fire, panic and other dangers;
to provide adequate light and air to the residents,
structures and properties within the city; to im-
prove housing standards; to conserve property
values; to facilitate adequate provisions for water,
sewage, schools, parks and other public improve-
ments; to protect against poor or inadequate
drainage or flood conditions and poor geologic
conditions; and in general to promote the health,
safety and welfare of the citizens and residents of
the City of Wheat Ridge. The regulations con-
tained within this Zoning Code shall be made and
enforced with reasonable consideration, among
other things, as to the character of each zone
district and its specific suitability for particular
uses, and with a view to encouraging the most
appropriate uses of land within the city.
(B) It is the intent and purpose of the Zoning
Code of the City of Wheat Ridge, and each section'
thereof, to protect property values, to preserve
neighborhoods and to protect private property
from adjacent nuisances such as noise and exces-
sive traffic. Certain uses are not compatible in
close proximity to each other, and, therefore,
regulations have been developed to mitigate cer-
tain elements of incompatibility and districts have
been created to segregate uses which are gener-
ally incompatible. It is further the intent of this
Zoning Code to preserve the right of citizens to
Supp. No. 17
participate in the making of decisions which af-
fect their properties while preserving, to the max-
imum lawful extent, the legislative and quasi-
judicial discretion of the elected representatives
of the City of Wheat Ridge.
(Ord. No. 1990-823, ~ 1, 2-26-90; Ord. No. 1990-
827, ~ 1, 4-9-90)
Sec. 26-3. Establishment of districts and pro-
visions for official zoning map.
The city is hereby divided into zones or districts
as shown on the official zoning map, which, to-
gether with all explanatory matter thereon, is
hereby adopted by reference and declared to be a
part of this chapter.
(A) Procedure for change: If, in accordance with
the provisions of section 26-6( C) hereof, changes
are made in district boundaries or other matter
portrayed on the official zoning map, such changes
shall be entered on the official zoning map promptly
after the amendment has been approved by city
counciL No amendment to this chapter which
involves matter portrayed on the official zoning
map shall become effective until after such change
entry is made on said map.
(B) Prohibition of unauthorized change: No
changes of any nature shall be made in the official
zoning map or any matter shown thereon except
in conformity with the procedures set forth in this
chapter. Any unauthorized change of whatever
kind by any person or persons shall be considered
a violation of this chapter and shall be punishable
as provided under Article V ofthis chapter.
(C) Location of Official Map: Regardless of the
existence of purported copies of the official map
which may from time to time be made or pub-
lished, the official zoning map shall be located in
the office of the city clerk and shall be the final
authority as to current zoning status of all land
and water areas in the City of Wheat Ridge.
(D) Procedure for Replacing Official Zoning
Map: In the event that the official map becomes
damaged, destroyed, lost or difficult to interpret
because of the nature of the number of changes
and additions, the city council may by ordinance
adopt a new official zoning map which shall
supersede the prior official zoning map. The new
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Wl'EAT RIDGE CITY CODE
official zoning map may correct dr!lfting or other
errors or omissions in the prior official map, but
no such correction shall have the effect of amend-
ing the original official zoning map or any subse-
quent amendment thereof.
(E) Retention of prior official zoning maps: Un-
less the prior official zoning map has been lost or
has been totally destroyed, the prior map, or any
sufficient parts thereof remaining, shall be pre-
served together with all available records pertain-
ing to its adoption or amendment by the city
clerk.
(F) Procedures for Correcting Errors Contained
on the Official Zoning Map or Within Rezoning
Ordinances or Resolutions:
(1) Administrative correction:
(a) Where a verifiable error is discovered
in the zone classification of any partic-
ular parcel as displayed on the official
zoning map, or as represented in a
rezoning ordinance or resolution
adopted by Wheat Ridge City Council
after May 2, 1972 (the effective date of
Wheat Ridge Ordinance 98), the direc-
tor of planning and development shall
notify the current property owner by
registered mail of the error and shall
inform said owner of the intent to
correct such error based upon the record
of the last rezoning action. The direc-
tor shall also notify city council of such
proposed correction by memorandum,
including documentation which sup-
ports the corrective action. If within
thirty (30) days of said notice the owner
fails to submit a written protest to
such correction, and if city council does
not pass a motion to initiate a rezoning
action, the director is specifically au-
thorized to cause such error(s) to be
corrected and shall publish a legal no-
tice of such correction. However, if the
owner does file a written protest, or if
city council so directs, a rezoning ac-
tion 8hall be initiated. Such rezoning
action shall be subject to the provi-
sions of section 26-6(C) el{cept that no
fee shall be assessed.
Supp. No. 17
At any time, minor corrections to the
official zoning map, which do not affect
the zoning of any parcel, may be made
with the approval of the planning and
development director and with a note
added under the "Revisions" box on
said map, indicating that an "adminis-
trative correction" has been made, a
case file shall be created with a case
number assigned for each correction,
with information contained in the fIle
which gives the location and nature of
the correction.
Minor corrections under this provision
of section 26-3 are limited to the fol-
lowing:
1. Subdivisions: Corrections to name
of subdivisions, locations oflot lines
and boundary lines, location and
names of streets and alleys and
railroads.
2. Base Map: Corrections to water-
course locations or names, loca-
tion nr names of lakes, names or
location of street or railroads.
3. Zoning information: Corrections to
names of planned developments,
case numbers, and closure of zone
districts in accordance with the
most recent record of zoning ac-
tion where there is no zoning line
separation between two (2) differ-
ent zone districts.
(2) Property-Owner-Initiated Rezoning Based
on Rezonings of Record which Occurred
Prior to May 2, 1972: Nothing in this para-
graph (F) shall be construed to preclude
any property owner from seeking a change
of zone based upon a resolution from the
Board of County Commissioners of Jef-
ferson COWlty, or resolution or ordinance of
t~ City of Wheat Ridge predating Ordi-
nance 98, adopted on May 2, 1972, which
zoned or purported to zone the property in
question in a manner different from that
shown on the city's officialzoping map.
(3) Return of Fees for zoning Discrepancy Cases:
The normal zoning application fe.e cur-
(b)
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ZONING AND DEVELOPMENT
rently in effect shall be required for prop-
erty-owner-initiated zoning discrepancy
cases as described above; however, should
city council approve the applicant's re-
quest, the application fee shall be re-
funded.
(G) Procedure for City-Initiated Rezoning. The
city shall have authority to initiate rezoning of
the entire city or portions of the city in accordance
with this subsection (G):
(1) Applicability. This rezoning procedure ap-
plies to city-wide and large-area, multiple-
property rezoning initiated by the Wheat
Ridge City Council. To be eligible for this
procedure, large-area, multiple-property
rezoning must include at least five (5)
separate ownership parcels or at least five
(5) acres in total combined area. Large-
area, multiple-property rezoning is per-
mitted under this subsection (G) only in
order to rezone property to a less inten-
sive (lower) zone category; for example,
from Commercial-One (C-l) to Restricted-
Commercial (R-C), or from Residential-
Three (R-3) to Residential-One (R-l). Re-
zoning to any Agricultural zone district
from any other zone district shall not be
considered a rezoning to a less intensive
zone category.
(2) Procedure and notice:
(a) General. The council may, at a regu-
lar or special meeting, initiate this
rezoning procedure by adoption of a
resolution setting forth the general
area of the proposed rezoning, stat-
ing the intended purpose and objec-
tives to be achieved by the rezoning,
and referring the matter to the Wheat
Ridge Planning Commission for a
public hearing and recommendation.
(b) Planning commission action:
1. Notice Requirements:
a. City-Wide Rezoning:
Where a city-wide or com-
prehensive rezoning has
been initiated by the coun-
cil, notice shall include
publication of a public
Supp. No. 18
1679.
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(c)
hearing notice in a news-
paper of general circula-
tion at least fifteen (15)
days prior. to the date of
the public hearing, which
notice shall include a de-
scription of the proposed
rezoning and a ma.p wliicli-
illustrates the geographic
extent of the proposed re-
zoning.
b. Large-Area, Multiple Prop-
erty Rezoning: A large-
area, multiple property re-
zoning shall, in addition
to the newspaper notice
required by subsection (a)
of this paragraph, be no-
ticed by certified mail n.o-
tice sent to all owners of
record of real property in-
cluded within the area to
be rezoned at least fifteen
(15) days prior to the date
of public hearing.
2. Planning Commission Review:
The planning commission shall
hear and consider any evidence
or statement presented by city
staff or by any person in atten-
dance at the hearing. The plan-
ning commission shall make a
recommendation to city council
to approve, approve with mod-
ifications or deny the rezoning
proposal. The commission's rec-
ommendation shall be based
upon the facts presented in the
public hearing in consideration
of the criteria for review speci-
fied in section 26-6(C)(3)(b).
City council action. Upon receipt of
the planning commission's recom-
mendation, the city council shall hold
a public hearing on the proposal.
The hearing conducted on second
reading of the proposed rezoning or-
dinance shall satisfy this require-
ment. Notice of the hearing shall be
~ 26-3
WHEAT RIDGE CITY CODE
the same as for the planning com-
mission hearing; however, publica-
tion of the ordinance on first read-
ing, together with the reqnired map,
shall meet the newspaper publica-
tion requirement.
The city council, in addition to con-
sideration of the planning commis-
sion record, shall hear additional
evidence and testimony presented
and either approve, approve with
modifications, or reject the ordi-
nance. The city council shall base its
decision upon all evidence presented,
with due consideration of the crite-
, ria for review as set forth under
section 25-5(C)(3)(b).
(Ord. No. 1990-823, g 1, 2-26-90; Ord. No. 1990-
827, g 1,4-9-90; Ord. No. 1996-1025, g 1,5-13-96;
Ord. No_ 1996-1040, g 1, 8-12-96)
Sec. 26.4. Rules for interpretation of dis-
trict boundaries.
Where uncertainty exists as to the boundaries
of districts as shown on the official map, the
following rules shall apply:
(A) Boundaries indicated as approximately
following the centerline of streets, high-
ways or alleys shall be construed to follow
such centerlines.
(B) Boundaries indicated as approximately
following platted lot lines shall be con-
strued as following such lot lines.
(C) Boundaries indicated as approximately
following city limits shall be construed as
following city limits.
(D) Boundaries indicated as approximately
following railroad lines shall be construed
to be midway between the main tracks.
(E) Boundaries indicated as approximately
following shorelines shall be construed to
follow such shorelines. Boundaries indi-
cated as approximately following the
centerlines of streams, rivers, canals, lakes
or other bodies of water shall be construed
to follow such centerlines. In the event of
a natural change in the shoreline or
Supp. No. 18
centerline, the district boundary shall be
construed as moving with the actual shore-
line or centerline. In the event of a change
directly or indirectly the result of human
actions, the district boundary shall not be
construed as following the new shoreline
or centerline.
(F) Boundaries indicated as parallel to or
extensions offeatures indicated in subsec-
tion (A) through (E) shall be so construed.
Distances not specifically indicated on the
official zoning map shall be detennined
by the legal description as contained in a
rezoning ordinance or resolution adopted
by Wheat Ridge City Council, or, if the
zoning pre-dates the adoption of Ordi-
nance No. 98, adopted on May 2, 1972,
shall be detennined by measurement of
the official zoning map currently in effect.
(G) Where physical or cultural features exist-
ing on the ground are at variance with
those shown on the official zoning map, or
in other circumstances not covered by
subsections (A) through (F) above, the
board of adjustment shall interpret the
district boundaries in accordance with
procedures set forth in section 26-6(D)
hereof.
(H) Where a district boundary line divides a
lot which was in single ownership on May
2, 1972, and single ownership has re-
mained uninterrupted, the entire lot may
be developed and used subject to the pro-
visions of the lower zone classification
(e.g., R-2 is lower than R-3A, RC-1 is
lower than C-1). Notwithstanding the
above, however, if the zone class which
occupies a greater proportion of the lot,
based upon square footage, is a higher
zone classification, then the area occupied
by the higher zone class may be used to
support a use allowed by that zone class,
but the lower zone class shall not, except
for landscaping or open space buffer, be
used to support the higher zone use. In all
other instances, nonnal rezoning proce-
dures apply. (See section 26-6(C).
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ZONING AND DEVELOPMENT
~ 26-5
(1)' Boundaries indicated' as approximately'
following section lines or subdivision lines
of section (i.e. quarter-section lines) shall
be construed to follow such land lines.
(Ord. No. 1990-822, ~ 1, 2-26-90; nrd. .No. 1990-
827, ~ 1, 4-9-90)
Sec. 26-5. Def"mitions.
(a) For the purpose of this zoning ordinance,
and as used or referred to in other sections,
chapters or articles of the Wheat Ridge Code of
Laws, unless specifically defined otherwise, the
following words and terms are defmed as set forth
hereunder:
Accessory building. 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.
Accessory use. A subordinate use, clearly inci-
dental and related to the principal structure,
building or use of land, and located on the same
lot as that of the principal structure, building or
use.
Automobile and light-duty truck sales and rental
lots. Use ofaparcel ofland, either with or without .
structures, for the purpose of offering for sale,
rent or lease, more than one (1) automobile or
light-duty truck parked upon a parcel of land at
any time [sic], or where more than three (3) such
vehicles are offered for sale, rent or lease within a
twelve-month period.
Automobile storage yard. Any lot, plot, parcel of
land or contiguous parcels of land used for the
purpose of storing damaged, wrecked, inoperable
or impounded automobiles. The aforesaid use
shall not include scrap metals, processing yards,
automobile dismantling yards or junk yards.
Bed-N-Breakfast rooms. A subordinate use of a
one-family dwelling which offers sleeping rooms
for overnight transient occupancy, wherein there
are no cooking facilities located within the sleep-
ing rooms; where, however, meals may be pre-
pared by the resident owner in the dwelling
kitchen and taken in a common dining room (see
section 26-30(M).
Supp. No. 18
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Building. A structure having a roof supported
by columns or walls.
Building code. The Uniform Building Code
(UBC), as adopted by the City of Wheat Ridge,
and as amended from time to time.
Building coverage. The portion of percentage-of
the total lot area which is covered by the main or
accessory buildings.
Building height.' The vertical distance mea-
sured from the average elevation of the finished
grade of the building to the highest point of the
roof surface if a flat roof, or to the deckline of a
mansard roof, or to the mean height level between
eaves and.ridge for a gable, hip, gambrel or other
roof (See Figure 26-5.1). The height of a stepped
or terraced building is the maximum height of
any segment of the building.
The building height limitations established shall
not apply to the following. Church steeples, silos,
decorative domes and cupolas not used for human
occupancy or any commercial, business or indus-
trial use, nor to windmills, chimneys, ventila-
tions, transmission towers, solar heating and cool-
ing devices, or necessary mechanical appurtenances
normally carried above the roofIine.
Building, main. The building(s) 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 continu-
ous roof.
Building- or structure-mounted commercial mo-
bile radio service (CMRS) facility. A CMRS facility
in which antenna are mounted to an existing
structure (e.g., water tower, light pole, steeple,
etc.) or building face.
Change of use. Any use which substantially
differs from the previous use of a building or land.
Church. An establishment for the conduct of
religious activities, including accessory housing.
This term includes the terms, temple, seminary,
retreat, monastery and similar terms.
Club or lodge, private. An association of per-
sons for the promotion of some nonprofit common
object, such as literature, science, politics or good
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\'i1IEAT RIDGE CITY CODE
fellowship, meeting periodically, limited to mem-
bers, within a building having not more than
one-third of the 'gross floor area' used for residen-
tial occupancy. Examples: Elks, Masons, Kiwanis,
etc.
Commercial mobile radio service (CMRS) acces-
sory building or cabinet. An unmanned building
or cabinet used to house equipment associated
with a CMRS facility.
Commercial mobile radio service (CMRS) site.
An unmanned facility consisting of equipment for
the reception, switching and transmission of wire-
less telecommunications, including, but not lim-
ited to, personal communications service (PCS),
enhanced specialized mobile radio (ESMR), pag-
ing, cellular telephone and similar technologies.
Commercial use. An activity which is carried
out for monetary gain, or the use of real or
personal property, including vehicles, in such ac-
tivity.
Condominium. A building or group of buildings
in which units are owned individually and the
structure, common areas and facilities are owned
by all of the owners on a proportional, undivided
basis.
Confinement facility. A publicly or privately
owned or operated facility or building utilized for
the short-term or long-term confinement, incar-
ceration or holding of persons upon order of any
law enforcement entity, court of competent juris-
diction or the Colorado Department of Correc-
tions. Confinement facilities shall include, with-
out limitatioj)., jails, prisons, correctional
institutions, half-way houses, and any other sim-
ilar facility. Confinement facilities shall not in-
clude residences to which an individual is con-
fined pursuant to electronic detection, group homes
otherwise authorized by the city's zoning code to
which juvenile offenders are sentenced and resi-
dential treatment facilities which are otherwise
permitted within the city. Except for any holding
facilities which are a part of a building owned or
utilized by the city and which are controlled and
utilized solely and exclusively by the Wheat Ridge
Police Department, confmement facilities are a
prohibited use within any zone district within the
city. Confinement facilities are hereby expressly
Supp. No. 18
excluded from the definitions of public buildings!
use, public facility, governmental building, or
quasi -governmental building as those phrases
variously appear in this chapter.
Congregate care home. A residential facility
established for the exclusive use of more than
eight (8) elderly persons, sixty (60) years or older,
where intermediate nursing care mayor may not
be available, and where living and sleeping quar-
ters are provided for individuals or couples; where,
however, kitchen facilities are not provided. Meals
are prepared by a central kitchen and may be
served in a central dining room or taken in the
living quarters. For the purpose of meeting the
residential density provisions of the Wheat Ridge
Home Rule Charter, each three (3) persons, based
upon maximum designed occupancy load, shall
constitute one (1) family unit.
Cul-de-sac. A non-through or dead-end local
street with special features (bulb) for the turning
around of vehicles (See Figure 26-5.3.)
. Cul-de-saclot. A parcel ofland that is designed
to be occupied by a main building and accessory
buildings, which attaches to the turn circle (bulb)
of a deadend street.
Cul-de-sac lot width. A cul-de-sac lot will have
at least thirty (30) feet of street frontage. The
average width of this lot shall be equal to the
minimum required frontage of standard lots within
any given zone district. (See Figure 26-5.3.)
Day care center. A facility licensed by the State
of Colorado which provides care of children with
or without compensation.
Day care center, small. A facility licensed by the
State of Colorado which is used exclusively for the
purpose of providing care, with or without com-
pensation, for seven (7) to twenty-four (24) chil-
dren.
Day care home, large. A home which is licensed
under the State of Colorado and which provides
care, with or without compensation, for seven (7)
to twelve (12) children, from twenty-four (24)
months to sixteen (16) years of age, including the
caretaker's children, not attending full-day school,
such as a day care, preschool, day nursery or child
care service.
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ZONING AND DEVELOPMENT
Day care home, small. A home which is licensed
under the State of Colorado and which provides
care, with or without compensation, for not more
than six (6) children underthe age of sixteen (16),
including the caretaker's children, not attending
full-day school, such as a day care, preschool, day
nursery or child care service.
Dwelling, multiple. A building or group of build-
ings designed for occupancy by three (3) or more
families living in separate dwelling units as ten-
ants from month to month or for a term longer
than one (1) month.
Dwelling, one-family. A building designed for
occupancy by not more than one (1) family.
Dwelling, two-family. A building designed for
occupancy by two (2) families living in separate
dwelling units as tenants from month to month or
for a term longer than one (1) month.
Dwelling unit. A building or any portion of a
building designed for occupancy as complete, in-
dependent living quarters for one (1) or more
persons, having direct access from the outside of
the building or ,through a common hall, and
having living, sleeping, kitchen and sanitary fa-
cilities for the exclusive use of the occupants.
Easement. A grant by a property owner for use
ofland for designated purposes by another person
or agency, public or private.
Family. One (1) or more persons related by
blood, marriage, adoption, or legal custody plus
domestic servants employed for service on the
premises, or a group of not more than three (3)
persons who need not be so related living together
as a single housekeeping unit. Five (5) people over
the age of sixty (60) sharing one (1) housekeeping
unit shall also be deemed to be a family. Notwith-
standing the foregoing, a family shall be deemed
to include four (4) or more persons that are not
related by blood, marriage, adoption, or legal
custody occupying a residential dwelling unit and
living as a single housekeeping unit if the occu-
pants are handicapped persons as defined in title
III of the Civil Rights Act of 1968, as amended by
the Fair Housing Amendments Act of 1988, or
disabled persons as defined by~ 24-34-301, C.R.S.
Supp. No. 18
Ii 26-5
A household that includes four (4) or more
persons identified above shall not be excluded
from the definition of "family" by the residence in
the household of additional necessary persons
(and their families) employed in the care and
supervision of such handicapped or disabled per-
sons.
Family foster home. A family foster home is a
residential facility which provides twenty-four-
hour care for up to four (4) children not related to
the caretaker. The ages of such children may not
exceed eighteen (18) years old; provided, however,
that those children placed in a home or in the
custody or jurisdiction ofthe department of social
services shall be considered a child under this
definition until age twenty-one (21) years old.
Farming. The cultivation of land, including
ranching for raising oflivestock only, unless other-
wise herein specifically provided.
Freestanding commercial mobile radio service
(CMRS) facility. A CMRS facility that consists of
a stand-alone support facility (monopole and/or
lattice structure), antennae, associated equip-
ment, accessory buildings and equipment cabi-
nets.
Garage, private. An accessory building or' an
accessory portion of a main building designed for
the shelter or storage of motor vehicles owned or
operated by the occupants of the main building
only.
Garage, public. A garage, other than a private
garage, used for the housing or care of motor
vehicles, or where such vehicles are equipped for
operation, repaired or kept for remuneration, hire
or sale. '
Heavy equipment: Motorized or non-motorized
construction equipment of six thousand (6,000)
pounds or more empty weight.
Highway, state. A road designated in the man-
ner provided by law as a state highway or a
right-of-way or parcel of real property owned by
the state, or a governmental subdivision thereof,
as a part of projected road to be constructed and
designated as a state highway in the future.
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WHEAT RIDGE CITY CODE
Home occupation.
(a) Class I. The use of a portion of a dwelling
or accessory structure for commercial or
business activities customarily conducted
in the home and which are incidental to
the primary use as a home or residence.
Nonresident employees are not allowed.
(See section 26-30(Q)(1).)
(b) Class II. The use of a portion of a dwelling
or accessory structure for commercial or
business activities customarily conducted
in the home and which are incidental to
the primary use as a home or residence.
One (1) or two (2) nonresident employees
may be allowed with approval by special
use permit. (See section 26-30(Q)(2).)
Hospital. An institution providing health ser-
vices for patients suffering from illness, disease,
injury, deformation and other abnormal physical
or mental conditions, including as an integral
part of the institution such related facilities as
in-patient and out-patient care, laboratories, train-
ing facilities, central service facilities and staff
offices.
Hotel/ motel. A building containing sixteen (16)
or more transient guest rooms in which lodging
for compensation is provided, with or without
meals.
Household pets. Animals or fowl ordinarily
permitted in the house and kept for company or
pleasure, such as dogs, cats and canaries, but not
including a sufficient number of dogs to constitute
a kennel, as defined in this section.
Inspector. The chief building inspector of the
City of Wheat Ridge, his deputies and authorized
representatives.
Junk. Scrap brass, scrap copper, scrap iron,
scrap lead, scrap tin, scrap zinc and all other
scrap metals and their alloys, and bones, rags,
used cloth, used rope, used rubber, used tinfoil,
used bottles, old or used machinery of any type,
used tools, used appliances, used fixtures, used
utensils, used lumber, used boxes or crates (fab-
ricated of any material), used pipe or pipe fittings,
used conduit or conduit fittings, used automobiles
in non operative condition, used tires and other
Supp. No. 18
manufactured goods that are so worn, deterio-
rated or obsolete as to make then unusable in
their existing condition.
Junk/inoperable vehicles. A motor vehicle, rec-
reation vehicle, boat, trailer or mobile home not
legally operable, or occupiable, in the case of a
mobile home, due to a lack oflegal requirements,
such as a current safety inspection sticker, license
plates or registration, or not capable of geing
operated due to mechanical deficiencies, or par-
tially dismantled condition, or not capable of
being occupied due to building code violations or
deficiencies.
Junk yard: An open area, which mayor may
not be fully or partially enclosed by a fence or
wall, where any waste, junk, used or second hand
materials are bought, sold, exchanged, stored,
baled, packed, disassembled or handled, includ-
ing, but not limited to, scrap iron and other
metals, paper, rags, rubber tires and bottles. A
'Junk yard" also includes an auto wrecking yard
or the storage or keeping of one (1) or more
inoperative motor vehicles (except where other-
wise specifically permitted), but does not include
such uses established entirely within enclosed
buildings. A legally existing "auto storage yard,"
as defmed herein, shall not be considered a 'Junk
yard.1I
Kennel. Any building, structure or open space
devoted in its entirety, or in part, to the raising,
boarding or harboring or four (4) or more adult
dogs and for five (5) or more cats.
Laboratory. A building or a portion of a build-
ing devoted to the basic or applied study in
science, or the testing and analysis of chemicals,
drugs, explosives, minerals, etc.
Laboratory, medical or dental. A building or
portion of a building devoted to the use of provid-
ing bacteriological, biological, medical, X-ray, patho-
logical and similar analytical or diagnostic ser-
vices to doctors or dentists and where no fabrication
is conducted on the premises, except the custom
fabrication of dentures.
Landscape nursery. Any land used to raise
trees, shrubs, flowers and other plants for sale or
for transplanting.
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Landscaping. A combination of living plants,
such as trees, shrubs, vines, ground cover, flow- .
ers, sod or grass; and may include natural. fea-
tures, such as rock, stone and bark, and struc-
tural features, including, but not limited to,
fountains, reflecting pools, art works, screen walls,
fences and benches. Uncontrolled weeds shall not
be considered as landscaping, however, main-
tained natural grasses and natural flowers may
be considered as landscaping.
Sidewalks, whether paved or gravel, which
serve as functional links between parking areas
and main structures, or which serve as general
public access routes around a main structure, or
between a main structure and a public street or
alley, shall not be counted as landscaping. Other
sidewalks or paths which serve as casual access to
or through landscape areas may be counted as
nonliving landscape feature.
Livestock. Domestic animals of types custom-
arily raised or kept on farms or ranches for profit
or other productive purposes.
Lot. A parcel ofland occupied or designed to be
occupied by a main building and the accessory
buildings or uses customarily incidental to such
main building including the open spaces required
by this Zoning Code and such open spaces as are
arranged and designed to be used in connection
with such buildings. A lot mayor may not be the
land shown as a lot on a duly recorded plat.
Lot, corner. A lot of which at least two (2)
adjacent sides abut for their full length upon a
street.
Lot coverage. The percentage of a lot or parcel
that is covered by main buildings, accessory struc-
tures and/or paving.
Lot, flag. A lot which is situated such that the
front lot line does not abut a public street. Pri-
mary access is by a private or privately shared
drive leading to a street. The front lot line of a flag
lot is that property line most parallel to the street
from which access is gained.
Lot, interior. A lot other than a corner lot.
Lot, irregular. A lot where there is no discern-
ible side or rear lot line. The zoning administrator
shall designate side and rear lot lines on irregular
Supp. No. 18
lots for the purpose of establishing setback re-
quirements, based upon overall lot configuration
and with regard to adjacent properties.
Lot line, front. The common boundary line
between an interior lot (other than a through lot)
and a street; or the common boundary lin~ be-
tween a corner lot (other than a through lot) and
that street toward which the principal or usual
entrance to the main building situated on such lot
more nearly faces; or the common boundary line
between a through lot and an adjacent street
toward which the principal or usual entrance to
the main building situated on such lot most
nearly faces. The front lot line of a flag lot shall be
detennined by the lot line parallel with the near-
est street from which access is obtained. (See
Figure 26-5.2.)
Lot line, rear. That boundary line of a lot which
is most nearly opposite the front lot line of such
lot, other than a through lot.
Lot line, side. Any boundary line of a lot, other
than a front lot line or rear lot line.
Lot, through. An interior lot abutting on more
than one (1) street or a corner lot abutting on
more than two (2) streets.
Machine shop, commercial. A building contain-
ing equipment and machinery for the repair and/or
modification of small engines and motors, auto-
mobile engines and parts, where there is no
outside storage or work being done, and where
the total floor area of a building used as a com-
mercial machine shop does not exceed five thou-
sand (5,000) square feet.
Machine shop, industrial. A building contain-
ing equipment and machinery for the repair and/or
modification oflarge engines (such as heavy equip-
ment or truck tractor engines) and large electric
motors, metal goods fabrication, welding and grind-
ing, tool making, and similar industrial opera-
tions.
Manufacture, basic. The first operation or op-
erations which transform a material from its raw
state to a form suitable for fabrication processing.
Manufactured home: A single-family dwelling
which is partially or entirely manufactured in a
factory; is not less than twenty-four (24) feet in
1685
~ 26-5
WHEAT RIDGE CITY CODE
width and thirty-six (36) feet in length, is in-
stalled on an engineered, pennanent foundation;
has brick, wood or cosmetically equivalent exte-
rior siding and a pitched roof, and is certified
pursuant to the National Manufactured Housing
Construction and Safety Standards Act of 1974,
42 U.S.C. 5401, et seq., as amended, and is built
for the Colorado climate and snow loads according
to the Department of Housing and Urban Devel-
opment standards established under the provi-
sions of 42 U.S.C. 5401 et seq.
Mini-warehouse. A structure or structures which
are divided into multiple small storage units with
at-grade loading and where each unit does not
exceed five hnndred (500) square feet, and where
each unit is rented or may be sold as condomin-
ium storage space.
Mobile home. A moveable residential dwelling
unit designed to be transportable after fabrication
on its own wheels, attached wheels, or low boy,
suitable for year-round occupancy, and containing
a flush toilet, sleeping accommodations, a tub or.
shower bath, kitchen facilities, plumbing and
electrical connections provided for attachment to
appropriate external systems. Presectionalized,
modular or prefab housing which does not meet
the definition of a "manufactured home," as de-
fined herein, and which does not otherwise meet
the city's building code shall be regarded as a
mobile home. A mobile home, as above defined in
the preceding paragraph, which meets the city's
building code and which is placed on a pennanent
foundation is controlled by applicable ordinances
the same as dwelling units constructed in the
conventional manner.
Mobile home lot. A plot of ground within a
mobile home park designed for the accommoda-
tion of one (1) mobile home.
Mobile home park. A parcel ofland which has
been planned and improved for the placement of
mobile homes for residential use.
Mobile home/recreation vehicle park service
building. A substantial permanent building pro-
viding toilet facilities for men and women, laun-
dry facilities, and/or other facilities for use in
common by the occupants of mobile home and/or
recreational coach parks.
Supp. No. 18
Mobile home stand. That part of an individual
lot which has been reserved for the placement of
the mobile home appurtenant structure or addi-
tion.
Motor fueling station. A retail establishment,
also referred to as a gas or service station, at
which vehicles are serviced, especially with fuel,
oil, air and water, and where ancillary minor
repair, maintenance or replacement of electrical
or mechanical devices may be obtained. This
service shall not include tire recapping, body
painting or repair.
Museum. A nonprofit, noncommercial establish-
ment operated as a repository for a collection of
nature, scientific or literary curiosities, or objects
of interest, or works of art, not including the
regular sale. or distribution of the objects col-
lected.
Nonprofit group home. A group home which is
owned and operated by a person or organization
which is exempt from income taxes pursuant to ~
39-22-112. C.R.S.
Nursing home. A state-licensed health care
facility which provides essential care on a twenty-
four (24) hour basis by medical professionals to
provide short-tenn convalescent or rehabilitative
care or long-term care to individuals who, by
reason of advanced age, chronic illness or infir-
mity, are unable to care for themselves.
Outdoor flea market. Any outdoor area which is
characterized by the temporary or pennanent
occupancy by several individuals, groups and/or
families for the sale or barter of secondhand or
hand-crafted articles. Occupancy for this purpose
is typically, but not necessarily limited to, week-
ends. For purpose of this chapter, the tenns "swap
shop" and "swap meet" are deemed synonymous
with the term "outdoor flea market." Outdoor flea
markets are not pennitted in any zone district in
the City of Wheat Ridge. This definition does not
include legally licensed garage sales.
Owner-occupied group home. A group home
which is owned and operated by an individual or
individuals who actually reside at and maintain
their permanent and primary place of residence
in the group home.
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Pawn shop. A commercial establishment where
a pawnbroker, as defined by Colorado Revised
Statutes, regularly conducts the business ofmak-
ing contracts for purchase or purchase transac-
tions.
Person. Any individual, firm, trust, partner-
ship, public or private association or corporation.
Porch, unenclosed. A porch which is open to the
atmosphere on at least two (2) sides.
Premises. A general term meaning part or all of
any lot or part or all of any building or structure
or group of buildings or structures located thereon.
Public building I use. Any building or land held,
used or controlled exclusively for public purposes
by any department or branch of government,
state, county or municipality without reference to
the ownership of the building or of the realty upon
which it is situated.
Public facility. Any facility, improvement or
service, which is essential to the general public,
such as, but not limited to, public utilities, energy,
drainage or similar services, which is provided by
the City of Wheat Ridge, a special district or a
public utility.
Recreational facility I commercial. A recreation
facility operated as ,a business and open to the
public for a fee.
Recreational facility I public. A recreation facil-
ity operated by a governmental agency and open
to the public.
Recreational vehicle. A vehicle, such as a recre-
ational trailer, tent camper trailer, truck camper,
travel trailer, motor home or other vehicle with or
without motive power, designed and/or con-
structed to travel on the public thoroughfare and
designed for use of human habitation.
Recreational vehicle park. Any area or tract of
land where lots are rented or held out for rent to
one or more owners or users or recreational vehi-
cles for, a temporary time not to exceed three (3)
months.
Recreational vehicle space. A plot of ground
within a recreational vehicle park designated and
intended for the accommodation of one recre-
ational vehicle.
Supp. No. 18
Residential group homes:
(a) Group Home for Children: This is a resi-
dential facility for five (5) or more chil-
dren which is licensed by the Jefferson
County Social Services Division for the
purpose of providing up to twenty-four
(24) hour care, supervision and/or train-
ing for children under the age of eighteen
(18) years. Those children placed in a
home under the age of eighteen (18) but
who remain in the home after reaching
the age of eighteen (18) shall be consid-
ered a child under this definition until
reaching the age of twenty-one (21). Group
homes for children do not include facili-
ties for the placement of children by the
Youth Services Division of the Depart-
ment of Institutions, the Mental Health
Division of the Department of Institu-
tions, or the Alcohol and Drug Abuse
Division of the Department of Health,
even if licensed by Jefferson County De-
partment of Social Services. (See section
26-30(P).)
(b) Group Home for Elderly Persons: This is a
residential facility established as either
an owner-occupied or nonprofit group home
for the exclusive use of persons sixty (60)
years of age or older who do not need
skilled and intennediate care facilities,
plus no more than two (2) live-in staff
persons employed in the care and super-
vision of such elderly persons.
(c) For purposes of this chapter, a "group
home" or "residential group home" shall
not include a household offour (4) or more
persons occupying a residential dwelling
unit and living as a single housekeeping
unit if the occupants are handicapped
persons as defined in title III of the Civil
Rights Act of 1968, as amended by the
Fair Housing Amendments Act of 1988, or
disabled persons as defined by ~ 24-34-
301, C.R.S., and such additional neces-
sary persons (and their families) em-
ployed in the care and supervision of such
handicapped or disabled persons.
Residential health care facility. A residential
facility intended for the care of the infinn or aged,
, where medical attention is provided as a contin-
ual benefit.
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WHEAT RIDGE CITY CODE
Rest home f home for the aged. An establish-
ment, licensed by the State of Colorado, operated
for the purpose of providing domiciliary care for a
group of persons who are unable to provide such
care for themselves and who are not in need of
medical or nursing treatment except in the case of
temporary illness.
Roof-mounted commercial mobile radio service
(CMRS) facility. A CMRS facility in which an-
tenna are mounted on an existing building roof.
Rooming f boarding. An accessory use to a dwell-
ing, where in addition to a family, as defined
herein, not more than two (2) persons not related
to the family are provided lodging and meals for
compensation, either paid directly or indirectly,
and on a contract basis for not less than seven (7)
days.
Roominghouse and boardinghouse. A building
containing a single dwelling unit and three (3) to
fifteen (15) guest rooms, where lodging is pro-
vided, with or without meals, for compensation.
Compensation may include money, services or
other things of value.
Sanitary landfill. Any property used for per-
manent disposal by abandonment, discarding,
dumping, reduction, burial, incineration, or any
other means, and for whatever purpose, of gar-
bage, trash, refuse, waste material of any kind,
junk, discarded machinery, vehicles or parts thereof.
The deposition of earth materials such as soil,
rock, sand, broken asphalt or concrete, and simi-
lar clean fill materials is not considered under
this definition; however, it is regulated under
section 26-33 of this Zoning Code. A sanitary
landfill is not a use allowed within the city.
School, public, private and parochial. Any pub-
lic, parochial or private school for any grades
between kindergarten and twelfth that is either
accredited by the Colorado Department of Educa-
tion or recognized by and in good standing with
the Colorado Department of Education for pur-
poses of compulsory education requirements. This
term shall not include "trade or business schools"
or "day camps.1I
Setback line, front. A line parallel with a front
lot line of a lot, tangent to that part of a building
situated on such lot (other than an open fire
Supp. No. 18
escape or stairway, a chimney or a one-story
unenclosed porch) which is closest to such side lot
line and intersecting two (2) other lot lines of such
lot.
Setback line, front cul-de-sac. A line concentri-
cally parallel to the right-of-way line ofthe street
on the cul-de-sac (bulb) and a line parallel to and
a minimum as required from the right-of-way line
of the remainder of the cul-de-sac. On cul-de-sac
lots, the board of adjustment may not issue a
variance on the land between the cul-de-sac front
setback line and the cul-de-sac right-of-way line
depicted.
Setback line, rear. A line parallel with a rear lot
line of a lot, tangent to that part of a building
situated on such lot which is closest to such side
lot line and intersecting two (2) other lot lines of
such lot.
Setback line, side. A line parallel with a side lot
line of a lot, tangent to that part of a building
situated on such lot which is closest to such side
lot line and intersecting two (2) other lot lines of
such lot.
Sight distance triangle. The comer area within
a comer lot that is adjacent to both right-of-way
frontages, or the area where a driveway intersects
a street, where it is required that obstruction to
view be minimized. No fence, divisional wall,
hedge or other obstruction to view in excess of
forty-two (42) inches high, except for permitted
landscaping, signs or public utility poles, shall be
established or maintained on a comer lot within a
triangular area bounded by the lot lines and a line
connecting points on each lot line either twenty-
five (25) feet from the intersection of such lot lines
for local streets or fifty-five (55) feet from the
intersection of such lot lines for collector or arte-
rial streets. The same shall apply to the intersec-
tion of driveways and public street, except that
the sight distance triangle may be reduced to
fifteen (15) feet. One- and two-family dwellings
shall be exempt from application of the fifteen-
foot driveway sight distance triangle require-
ment. (See figure 26-31.1.)
Story. That portion of a building included be-
tween the upper surface of any floor and the
upper surface of the floor next above, except that
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ZONING AND DEVELOPMENT
~ 26-5
the topmost story shall be that portion of a
building included between the upper surface of
the topmost floor and ceiling or roof above. If the
fmished floor level directly above a usable or
unused underfloor space is more than six (6) feet
above grade, as defined herein, for more than fifty
(50) percent of the total perimeter or is more than
twelve (12) feet above grade, as defined herein, at
any point, such usable or unused underfloor space
shall be considered as a story. (See Figure 26-5.1.)
Notwithstanding the above, where the term
"story" is used in the various zone districts for the
purpose of determining setback from perimeter
lot lines for nonresidential buildings, each twelve
(12) feet of building height shall be considered a
story, and for residential buildings, each ten (10)
feet of building height shall be considered a story.
For the purpose of determining setback require-
ments based upon this definition of "story," build-
ing height shall be measured from average grade
of a building to the highest point of the building.
Street. A dedicated public thoroughfare for ve-
hicular traffic in accordance with the require-
ments as set forth in the Subdivision Regulations
of the City of Wheat Ridge.
Structure. Anything constructed or erected, the
use of which requires a more or less permanent
location on the ground, but not including
earthworks, ditches, canals, dams, reservoirs, pipe-
lines, telephone or telegraph or electric power
lines or poles, walks, driveways or curbs.
Structural alterations. Any change in the sup-
porting members of a building such as bearing
walls, columns, beams or girders, floor joists or
roof joists.
Studio. A building or portion of a building used
a8 a place of work by an artist, photographer or
artisan, or used for radio or television broadcast-
ing.
Swimming pool. A tank of water either above
or below grade level in which the depth of water
exceeds two (2) feet in depth and which the
express purpose of the tank is for swimming.
Swimming pools shall not include wading pools
under two (2) foot in depth, fish ponds, hot tubs or
other similar items.
Supp. No. 18
Tavern. Any establishment selling by the drink
fermented malt beverages or malt, vinous or
spirituous liquors, as defined by Sections 12-46-
101 and 12-46-102 of the 1973 Colorado Revised
Statutes.
Theater. A building or part of a building de-
voted to showing motion pictures or for dramatic,
musical, operatic or live performances for admis-
sion, to which money is received and no audience
participation or meal service is allowed.
Vehicle travel lane. All roads, driveways and
parking areas within a mobile home and/or recre-
ational vehicle park.
Veterinary hospital. A place where animals or
pets of all types are given medical or surgical
treatment. Use as a kennel shall be limited to
short-time boarding and shall only be incidental
to such hospital use and need not be enclosed
within the main building.
Veterinary hospital (small animal, enclosed). A
place where small animals or pets (dogs, cats,
birds and the like) are given medical or surgical
treatment. Use as a kennel shall be limited to
short-time boarding and shall only be incidental
to such hospital use. All uses shall be enclosed
within a soundproof building which emits no
objectionable odor.
Warehouse. A building or part of a building the
primary use of which is the deposit and safekeep-
ing of goods, wares and merchandise, which in the
regular course of commercial dealing and trade
are to be again removed or reshipped.
Width of lot. The shortest distance between any
two (2) lot lines of a lot which are intersected by
the same minimum front setback line, measured
from either of such points of intersection.,
Wholesale. A sale by a wholesaler to retail
merchants, jobbers, dealers or other wholesaler
for resale. The term does not include a sale by a
wholesaler to users or consumers not for resale.
Yard. An open space on the same lot with a
building, unoccupied and unobstructed from the
ground upward except as otherwise provided
herein.
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WHEAT RIDGE CITY CODE
Yard, front. That portion of a lot lying betweep.
a public street and nearest parallel front setback
line of such lot.
Yard, rear. That portion of a lot lying between
the rear lot line and the rear setback line of such
lot.
Yard, side. That portion of a lot lying between a
side lot line and the nearest parallel side setback
line of such lot.
Zoning administrator. The planning and devel-
opment director or a duly appointed designee.
Zoning code. The Zoning Code of the City of
Wheat Ridge; also may be referred to as "this
cadell Dr "this ordinance,l1 _Ordinance No._ 98,11
"Appendix A" or "Chapter 26, Article 1."
(b) Words used in the present tense include
the future; words in the singular number include
the plural, and words in the plural number in-
clude the singular; the word "building" includes
the word "structure" and the word "shall" is
mandatory and not directory.
(c) Any word or term used in this Zoning
Ordinance not specifically defined above shall be
interpreted as that word is defmed elsewhere in
the Wheat Ridge Code of Laws, or if not defined
elsewhere in the Code of Laws, as defined in
Colorado Revised Statutes, or if not defined in the
Statutes, as defined in Webster's Dictionary.
(d) The attached figures are supplemental to
the above defmitions.
Third Slory
wlth
Vaulted
Building Height _ _ .
Computing Average Grade
III
411
m
'lI
!J!71G.'IIJoAverage Grade
Average Grade__
Actual Grade
--- _.:.~~~~~.~:&P;;4......n
h~~?:lli~~;~~1\~j~~t~~f1
Figure 26-5.1. Building height, story and grade.
Supp. No. 18
1690
.
e
.
e
.
.
e
.
.
.
ZONING AND DEVELOPMENT
I} 26-6
~'RONT LOT LINE
LOT
REAR LOT LINE
THROUGH LOT
FRONT LOT
LINE OF
FlJ'..G LOT
r-r-.
!Xl iF"'~1
...J '-LIJ .
. . . r-:' -. FRONT LOT LINB
i<P
Figure 26-5.2. Lot Configurations
/
/
/
- ..........
..............
30FT.
Figure 26-5.3. Front setbacks for structures on lots or portions
aflots which abut culs-de-sac may be reduced to ten (10) feet
for those portions of lots which abut a cul-de~sac bulb.
(Ord. No. 790, ~~ 1,2,4-24-89; Ord. No. 821, ~ 1,2-26-90; Ord. No. 827, ~ 1, 4-9-90; Ord. No. 1990-844,
S 3, 10-8-90; Ord. No. 1992-891, ~ 1, 3-9-92; Ord. No. 1993-945, ~ 3, 12-13-93; Ord. No. 1994-975, ~ 1,
8-8-94; Ord. No. 1994-978, ~ 3, 10-10-94; Ord. No. 1994-981, ~ 2, 11-14-94; Ord. No. 1996-1045, ~ 1,
11-18-96; Ord. No. 1996-1046, ~ 1,9-23-96; Ord. No. 1996-1048, ~~ 1-8, 10-14-96))
Sec. 26-6. Legislative and administrative
process and procedures.
This section sets forth the procedural and sub-
stantive requirements which apply to the various
administrative and legislative processes estab-
lished by this code, and as may be required by
other city ordinances andfor state law, where
applicable.
(A) Conditional Uses: Conditional uses are per-
mitted uses which are subject to review to ensure
that they are properly designed, developed, oper-
ated and maintained so as to be appropriate for
specific locations within a zone district wherein
the conditional use is specifically enumerated.
The primary issues which the planning commis-
sion shall address are those special design consid-
Supp. No. 18
1690.1
~ 26-6
WHEAT RIDGE CITY CODE
erations which mitigate potential detrimental im-
pacts of a conditional use on surrounding land
uses, the street systems, or public services or
facilities. In order to achieve compatibility, the
planning commission, and city council upon ap-
peal, shall have the right to approve, approve
with modifications, or deny a conditional use
request.
(1) Applicability. The requirements of this
subsection shall apply to all uses listed as
"Conditional Uses" within any particular
zone district.
(2) Application form and review procedures:
(a) Prior to submitting any application
for a conditional use permit, the ap-
plicant shall be required to hold a
neighborhood input meeting (see sub-
section (F)(l) for requirements).
(b) Conditional use applications may be
originated only by the fee owners of
the property or by his attorney or
legally designated agent by power-
of-attorney.
(c) Application shall be submitted on
forms provided by the department of
planning and development, and shall
be accompanied by a copy of the
property deed, a certified boundary
or improvement survey, and a fee of
one hundred dollars ($100.00).
(d) All applications shall also be accom-
panied by a site development plan
and additional written information
in sufficient detail to convey the full
intent of the applicant in developing,
operating and maintaining the con-
ditional use. The site plan shall meet
the requirements of a TYPE I SITE
PLAN as set forth in subsection (E)(l).
(e) Upon receipt of a complete applica-
tion packet, as described above, the
planning and development depart-
ment shall proceed as follows:
1. Refer the application to af-
fected public agencies for re-
view and comment.
Supp. No. 18
2. Within thirty (30) days ofaccep-
tance of a completed applica-
tion packet, give notice of a
scheduled public hearing on the
application by newspaper pub-
lication, letter notification and
posting in the manner as pro-
vided in subsection (F)(l).
3. Prepare a written report and
recommendations to the plan-
ning commission, which evalu-
ates the proposal and makes
findings using the review crite-
ria established in the following
subsection (A)(3).
(3) Criteria for review. Before a conditional
use is approved, the applicant shall show,
and the planning commission shall find,
the proposed conditional use:
(a) Will not have a detrimental effect
upon the general health, welfare,
safety and convenience of persons
residing or working in the neighbor-
hood of the proposed use.
(b) Will not adversely affect the ade-
quate light and air, nor cause signif-
icant air, water or noise pollution.
(c) Is consistent with the comprehen-
sive plan.
(d) Will not result in undue traffic con-
gestion or traffic hazards, or unsafe
parking, loading, service or internal
traffic conflicts to the detriment of
persons whether on or off the site.
(e) Will be appropriately designed, in-
cluding setbacks, heights, parking,
1690.2
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ZONING AND DEVELOPMENT
~ 26.6
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bulk, buffering, screening and land-
scaping, so as to be in harmony and
compatible with character of the sur-
rounding areas and neighborhood, es-
pecially with adjacent properties.
CO Will not overburden the capacities of
the existing streets, utilities, parks,
schools and other public facilities and
services.
e
(4) Planning commission review. Planning com-
mission shall hear and consider any evi-
dence or statement presented by the appli-
cant, city staff, or by any person in
attendance at the hearing. The planning
commission shall then decide to approve,
approve with conditions, or deny the appli-
cation, basing its decision upon the facts
presented in the public hearing in consid-
eration of the criteria for review as speci-
fied in subsection (3) above. Planning com-
mission may impose conditions or
stipulations, which may include physical de-
sign as well as operational and mainte-
nance considerations, upon the conditional
use in addition to standard development and
use regulations which apply within a par-
ticular zone district or for a similar "per-
mitted use." Such conditions or stipula-
tions may be imposed in order to ensure
compliance with the criteria for review,
which, if not complied with, shall be
grounds for revocation of the conditional
use.
e
(5) Appeal. An applicant, or any aggrieved
property owner within six hundred (600)
feet of the subject property, may appeal the
decision of the planning commission to city
council by filing such appeal, along with an
explanation for the appeal, with the WI,eat
Ridge City Clerk within ten (10) working
days after the date of the planning commis.
sion hearing. Upon such appeal, a public
hearing shall be scheduled before the city
council, following the same public notice
requirements and procedures set forth for
the planning commission hearing. City
council, in addition to consideration of the
planning commission record, shall hear ad-
ditional evidence and testimony presented,
Supp. No. 14
and shall decide to sustain, amend or reject
the planning commission decision, with its
decision being based upon all evidence pre-
sented and the planning commission record,
with due consideration of the criteria for
review.
(6) Enforcement. All conditions and stipula-
tions imposed by the planning commission
or city council shall be maintained in per-
petuity with the special use. If at any time
the stipulations or conditions are not ad-
hered to or are found to have been materi-
ally altered in scope, application or design,
the zoning administrator shall notify a code
enforcement officer of the nature of the vi-
olationCs) and the code enforcement officer
shall initiate standard enforcement proceed-
ings.
(B) Special Uses: Special uses are discretionary
uses which are clearly shown to be void or defi-
cient in an area and which, if properly designed,
developed, operated and maintained, may be ap-
proved for any specific location within a zone dis-
trict wherein the special use is enumerated. Spe-
cial uses are highly dependent upon proper design,
management and operational aspects; therefore,
such uses must be considered as a personal grant
of use granted to the owner of the special use and
not as a grant of a vested property right which
transfers with the land or lease. The only time a
special use permit may be transferred to a new
owner without reapplying for approval is through
inheritance by an heir. The primary issues which
the planning commission and city council shall
address are those related to justification of need
and those special design and operational consid-
erations which mitigate potential detrimental im-
pacts of a special use on surrounding land uses,
the street system, or public services or facilities.
In order to protect the public interest, the plan.
ning commission and city council shall have the
right to approve, approve with modifications or
deny a special use request and to revoke previ-
ously approved special use permits pursuant to
subsection (6) hereof.
(1) Applicability. The requirements ofthis sub-
section shall apply to all uses listed as "spe-
cial uses" within the provisions set forth
for any particular zone district.
1691
* 26.6
WHEAT RIDGE CITY CODE
(2) Application form and review procedures:
(a) Prior to submitting any application for
a special use permit, the applicant shall
be required to hold a neighborhood
input meeting (see subsection (F)(l) for
requirements).
(b) Special use applications shall be origi-
nated only by the prospective owner of
the proposed special use, with written
approval of the fee owner of the prop-
erty in cases where the owner of the
property is different than the owner of
the proposed special use. Both the spe-
cial use owner and the land owner, or
their legal representatives, must be
present at all public hearings.
(c) Application shall be submitted on forms
provided by the department of plan-
ning and development and shall be ac-
companied by a copy of the property
deed, a certified survey and a fee of one
hundred dollars ($100.00).
(d) All applications shall also be accompa-
nied by a site development plan and
additional written information in suf-
ficient detail to convey the full intent
of the applicant in developing, oper-
ating and maintaining the special use.
The site development plan shall meet
the following minimum requirements:
1. Sheet size: 8.5 x 11 inches min-
imum.
2. Scale and north arrow.
3. Property boundaries and lot lines
\vith dimensions.
4. Existing and proposed public street
rights.of-way, public easements, ir-
rigation ditches, drainage ways
and other easements affecting the
site.
5. Existing and proposed public im-
provements within and adjacent to
the site, including curbs, gutter,
sidewalk, street pavement,
drainage improvements, street
lights, etc.
6. Existing and proposed street ac.
cess points or curb cuts and dimen.
sions thereof.
Supp. No. 14
1692
7. Proposed site development ele-
ments, including general building
envelopes, landscape/open space
buffers, parking and loading areas,
and outside work, storage or dis.
play areas.
8. Site data table, including gross and
net lot area, maximum building
coverage, maximum floor area of
buildings, landscape/open space
area, parking area, maximum
building height, etc.
(e) Upon receipt of a complete application
packet as described above, the plan-
ning and development department
shall proceed with the following pro-
cess:
1. Refer the application to affected
public agencies for review and com.
ment.
2. Within thirty (30) days of accep-
tance of a completed application
packet, give "11otice -of a-scheduled
public hearing on the application
by newspaper publication, letter
notification and posting in the
manner as provided in subsection
(F)(l).
3. Prepare a written report and rec-
ommendations to the planning
commission, which evaluates the
proposal and makes findings using
the following review criteria set
forth in subsection (3) below.
(3) Criteria for review. Before a special use is
approved, the applicant shall show, and the
planning commission and city council shall
find, the proposed special uses:
(a) Will meet a proven public need in that
it will fill a void in necessary services,
products or facilities especially appro-
priate at the location proposed, consid.
ering available alternatives.
(b) Will not have a detrimental effect upon
the general health, welfare, safety and
convenience of persons residing or
working in the neighborhood of the pro-
posed use.
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ZONlNG AND DEVELOPMENT
~ 26-6
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(c) Will not create or contribute to blight
in the neighborhood by virtue of phys-
ical or operational characteristics of the
proposed use.
(d) Will not adversely affect the adequate
light and air, nor cause significant air,
water or noise pollution.
(el Is consistent with the comprehensive
plan.
(!) Will not result in undue traffic conges-
tion or traffic hazards, or unsafe
parking, loading, service or internal
traffic conflicts to the detriment of per.
sons whether on or off the site.
(g) Will be appropriately designed, in-
cluding setbacks, heights, parking,
bulk, buffering, screening and land-
scaping, so as to be in harmony and
compatible with the character of the
surrounding areas and neighborhood,
especially with adjacent properties.
(h) Will not overburden the capacities of
the existing streets, utilities, parks,
schools and other public facilities and
services.
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(4) Planning commission review: The planning
commission shall hear and consider anyev-
idence or statement presented by the appli-
cant, city staff, or by any person in atten-
dance at the hearing. The planning
commission shall then make a recommen-
dation to city council to approve, approve
with conditions, or deny the application,
basing its recommendation upon the facts
presented in the public hearing in consid-
eration of the criteria for review as speci-
fied in subsection (3) above. Planning com-
mission may recommend conditions or
stipulations, which may include physical de-
sign as well as operational and mainte-
nance considerations, upon the special use
in addition to standard development and
use regulations which apply within a par-
ticular zone district or for a similar ."per.
mitted use." Such conditions or stipula-
tions may be recommended in order to
ensure compliance with the criteria for re-
view, which, ifnot complied with, shall be
grounds for revocation of the special use. A
Supp. No. 14
recommendation for denial shall be consid.
ered final, unless the applicant files an ap-
peal to city council.
(5) City council review. City council shall re-
view and decide upon all requests for spe-
cial uses upon recommendation of the plan-
ning commission for approval or upon
appeal by an applicant of a recommenda-
tion for denial by the planning commission.
Special uses may only be approved by pas-
sage of an ordinance, following the city's
standard ordinance adoption procedures.
Notice of public hearing shall be in the
manner provided in subsection 26-6(F)(1).
City council, in addition to consideration of
the planning commission record, shall hear
additional evidence and testimony pre-
sented, and either pass, pass with modifi-
cations, or deny the ordinance, its decision
being based upon all evidence presented,
with due consideration of the criteria for
review.
In the event of a protest against such spe-
cial use permit, signed by the owners of
twenty (20) percent or more of the area:
a. Of those immediately adjacent to the
rear or any side of the property, ex.
tending one hundred (100) feet from the
property; or
b. Of those directly opposite across the
street from the property, extending one
hundred (lOa) feet from the street
frontage of such opposite property.
Such special use permits shall not become
effective except by the favorable vote of
three. fourths of the entire city council.
Where land which is adjacent or opposite,
as defined above, is owned by the city, such
property shall be excluded in computing the
required twenty (20) percent, and owners of
noncity land within the one-hundred-foot
limit, as defined above, shall be considered
adjacent or opposite despite such inter-
vening city land. The written protest to such
special use shall be' submitted to the city
council no later than the hearing on the
proposed special use permit.
1693
~ 26-6
WHEAT RIDGE CITY CODE
-
(6) Enforcement. All conditions and stipula-
tions imposed by city council shall be main-
tained in perpetuity with the special use. If
at any time the stipulations or conditions
are not adhered to or are found to have been
materially altered in scope, application or
design, the zoning administrator shall no-
tify a code enforcement officer of the nature
of the violation(s) and the code enforcement
officer shall investigate and, if appropriate,
initiate revocation proceedings which shall
include the following:
(a) Notice of violation followingprocedures
as set forth for nuisances pursuant to
Wheat Ridge Code, Chapter 15.
(b) Upon a finding of noncompliance by a
code enforcement officer after the pre-
scribed correction date, the zoning ad-
ministrator shall schedule a revoca-
tion hearing before the city council.
Such revocation hearing date shall be
set by city council after first reading of
an ordinance therefor. The purpose oT
the revocation hearing shall be for the
city council to hear evidence concerning
the nature and extent of the alleged
noncompliance with the conditions of
the special use permit. The council
shall have the power, upon good cause
being shown, to cancel or revoke the
previously issued special use permit,
to require certain corrective measures
to be taken, and/or to direct the city's
agents to enter upon the premises and
take corrective measures required by
the city council, and to modify the con-
ditions which apply to the special use
permit. Any revocation action shall be-
come effective fifteen (15) days after
final publication of the ordinance. Any
other action shall require a continu-
ance of the public hearing to a specific
future date and a motion stipulating
the specific corrective measures that
are to be accomplished either by the
special use owner or by an agent of the
city within that time period. Upon the-
date of the continued hearing, should
Supp. No. 14
the council find that the conditions and
stipulations have not been satisfacto-
rily met, council shall adopt the revo-
cation ordinance.
(7) Nonconforming special uses: Notwith-
standing the provisions of section 26-7, any
special use which is nonconforming to the
provisions ofthis subsection 26-6(B) by way
of not having received approval of a special
use permit under prior rules and proce-
dures shall terminate or shall otherwise be-
come conforming to these provisions within
five (5) years of the date that such noncon-
forming status became effective. In addi-
tion, within this five-year amortization pe-
riod no nonconforming special use shall
change ownership without coming into con-
formance with this subsection 26-6(B). All
other provisions of section 26- 7 shall apply.
(C) Change of Zone (Rezoning): A change of any
zone district as shown on the official zoning map
is permitted.only when it is consistent with the
goals and policies of the Wheat Ridge Comprehen-
sive Plan and promotes the general welfare of the
community. If a proposed amendment is not con-
sistent with the comprehensive plan, then the re-
quest may only be approved if the applicant dem-
onstrates that the request is justified because of
changed or changing conditions in the particular
area or in the city in general, or the rezone is
necessary to correct a manifest error in the ex-
isting zone classification. A manifest error may
include, but may not be limited to, one (1) or more
of the following: 1) Mapping errors, including in-
correct boundary location or incorrect zone desig-
nation; or 2) Ordinance errors, including incorrect
zone designation, legal description error, or typo-
graphical errors.
e
The final determination as to a change of zone
expressly rests in the exercise of the discretion of
the city council and all applicants are hereby ad-
vised and informed that there is no right to a
change of zone of property.
(1) Applicability: The requirements of this sub-
section shall be applicable throughout the
boundaries of the City of Wheat Ridge and
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1694
ZONING AND DEVELOPMENT
!i 26.1
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(a) Change of zone of a parcel of land from
one zone district classification to an-
other zone district.
(b) Changing of the conditions of an ex-
isting zone district where those condi-
tions were specifically established by a
previous rezoning ordinance.
(c) Changes to a planned development out-
line plan, including density (units per
acre), intensity (floor area ratio), an in-
crease or change of uses, or other
changes which constitute a substantial
change in character of development as
determined by the director of planning
and development.
(2) Application form and review procedures:
(a) Prior to submitting any application for
a change of zone nf property to a higher
use than is currently permitted that is
an increase in residential density, in-
tensity, impact, or character, the appli-
cant shall be required to hold a neigh-
borhoodinputmeeting.(Seesubsection
26.6(F)(1) for requirements.)
(b) Rezoning applications may be origi-
nated only by the fee owner of the prop-
erty or by his attorney or legally des-
ignated agent by power-of-attorney.
(c) Application for change of zone shall be
submitted on notarized forms provided
by the department of planning and de.
velopment and shall be accompanied
by:
1.
Proof of ownership of land (copy of
the property deed).
2. A certified boundary and improve-
ment survey, at a scale of not less
than 1" = 100'.
3. A legal description of property
under consideration (exact descrip-
tion of area to be rezoned, described
in bearings and distances, tied to a
section corner).
Fee of two hundred dollars
($200.00) for rezoning to districts
other than planned developmenl
districts and a fee of three hun
dred dollars ($300.00) for rezoninf
to a planned development district.
(d) All applications shall also be accompa.
nied by written information in suffi.
cient detail to convey the full intent of
the applicant and justifications of why
a change of zone is appropriate in the
area and shall include:
1. Need for the change of zone.
2. Present and future effect on the ex-
isting zone districts, development
and physical character of the sur-
rounding area.
3. Access to the area, traffic patterns
and impact of the requested zone
on these factors.
4. Availability of utilities.
5. Present and future effect on public
facilities and services, such as fire,
police, water, sanitation, roadways,
parks, schools, etc.
6. A discussion of the relationship be.
tween the proposal and adopted
plans and/or policies of the city.
7. Any additional materials neces-
sary to adequately review the pro-
posal.
(e) A Type I site plan shall be required if
the proposed change of zone is located
in an area designated as a "multiple
use" or "activity center" within or upon
the City of Wheat Ridge Comprehen-
sive Plan. (See subsection (E)(1) for site
plan requirements.)
m Upon receipt of a complete application
packet, as described above, the plan.
ning and development department
shall proceed with the following pro-
cess:
to any areas that are proposed to be an.
nexed to the city where one (1) of the fol-
lowing is proposed:
4.
1. Refer the application to affected
public agencies for review and com.
ment.
2. Within thirty (30) days of accep-
tance of a completed application
packet, give notice of a scheduled
public hearing on the application,
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Supp. No. 14
1694.1
~ 26.6
WHEAT RIDGE CITY CODE
-
with notice by publication, letter
and site posting in the manner as
provided in subsection (F)(1).
3. Prepare a written report and rec-
ommendations to the planning
commission which evaluates the
proposal, makes findings, and
makes recommendations using the
following review criteria set forth
in subsection (3) below.
(3) Criteria for review. Before a change of zone
is approved, the applicant shall show, and
the planning commission and city council
shall find:
(a) That the existing zone classification
currently recorded on the official zoning
maps of the City of Wheat Ridge is an
errorj or
(b) That a change in character in the area
has occurred due to installation of
public facilities, other zone changes,
new growth trends, deterioration, or de-
velopment transitions, and that the ev-
idence supports the finding of the fol-
lowing:
1. That the change of zone is in con-
formance, or will bring the prop-
erty into conformance, with the
City of Wheat Ridge Comprehen-
sive Plan goals, objectives and pol-
icies, comprehensive land use plan
and other related policies or plans
for the area; and
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Supp. No. 14
1694.2
ZONING AND DEVELOPMENT
~ 26.6
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2. That the proposed change of zone
is compatible with the surrounding
area and there will be minimal ad-
verse impacts considering the ben-
efi~tobederived;and
3. That there will be social, recre-
ational, physical and/or economic
benefits to the community derived
by the change of zone; and
4. That adequate infrastructure/facil-
ities are available to serve the type
of uses allowed by the change of
zone, or that the applicant will up-
grade and provide such where they
do not exist or are under capacity;
and
5. That the proposed rezoning will not
adversely affect public health,
safety or welfare by creating ex-
cessive traffic congestion, creating
drainage problems, or seriously re-
ducing light and air to adjacent
properties; and
6. That the property cannot reason-
ably be developed under the ex-
isting zoning conditions; and
7. That the rezoning will not create
an isolated or spot zone district un-
related to adjacent or nearby areas;
and
8. That there is a void in an area or
community need that the change
of zone will fill by providing for
necessary services, products or fa-
cilities especially appropriate at
the location, considering available
alternatives.
(4) Planning commission review: The planning
commission shall hear and consider any ev-
idence or statement presented by the appli-
cant, city staff, or by any person in atten-
dance at the hearing. The planning
commission shall then make a recommen-
dation to city council to approve, approve
with conditions, or deny the application,
basing its recommendation upon the facts
presented in the public hearing in consid-
eration of the criteria for review as speci-
fied in subsection (3) above. The planning
commission may recommend conditions or
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Supp. No.5
stipulations which may include site plan
review, use limitations, or specific design
or operational stipulations in addition to
standard development and use regulations
which apply. A recommendation for denial
shall be considered final, unless the appli-
cant mes an appeal to city council with the
city clerk within ten (10) working days of
the planning commission decision.
(5) City council review: City council shall re-
view and decide upon all requests for change
of zone, upon recommendation of the plan-
ning commission for approval, or upon ap-
peal by an applicant of a recommendation
for denial by the planning commission.
Change of zone may only be approved by
passage of an ordinance following the city's
standard ordinance adoption procedures.
Notice of public hearing shall be by publi-
cation, letter and site posting in the manner
provided in subsection (F) hereof. City
council, in addition to consideration of the
planning commission record, shall hear ad-
ditional evidence and testimony presented
and either approve, approve with modifica-
tions, or deny the ordinance. City council
shall base i~ decision upon all evidence pre-
sented, with due consideration of the cri-
teria for review as set forth under subsec-
tion (C)(3) above.
In the event of a protest against such
changes, signed by the owners of twenty
(20) percent or more of the area:
(a) Of the property included within the pro.
posed change; or
(b) Of those immediately adjacent to the
rear or any side of the property, ex-
tending one hundred (100) feet from the
property; or,
(c) Of those directly opposite across the
street from the property, extending one
hundred (100) feet from the street
frontage of such opposite property.
Such changes shall not become effective ex-
cept by the favorable vote of three-fourths
of the entire city council. Where land within
the area proposed for change, or adjacent or
opposite land, as defined, above is owned
1695
~ 26.6
WHEAT RIDGE CITY CODE
by the City of Wheat Ridge, such property
shall be excluded in computing the required
twenty (20) percent, and owners of noncity
land within the one-hundred-foot limit, as
defined above, shall be considered adjacent
or opposite despite such intervening city
land. The written protest to such changes
shall be submitted to the city council no
later than the hearing on the proposed re-
zoning.
(6) Recordation.~ All approved rezoning ordi-
nances shall be recorded with the Jefferson
County Clerk and Recorder by the city clerk
within thirty (30) days of the effective date
of such ordinance.
(D) Variance/Waivers/Temporary Permits/Inter-
pretations. Where iUs desired to gain relief from
the strict application of any provision of this
chapter or to seek an interpretation of the provi-
sions or associated official maps, appeal to the
appropriate authority as described below shall be
made in .accordance with the requirements re-
lating to the specific type of appeal. Where a public
hearing is required, notification of such hearing
shall occur by newspaper publication, posting, and
certified letter as prescribed in subsection (F)(1).
(1) Application requirements. All requests for
a variance, waiver, temporary permit or in-
terpretation, as described herein, shall be
made by the filing of an application, to-
gether with the required fee and supporting
documentation.
(a) Fee Requirement: Fifty dollars ($50.00),
except where a request covered within
this subsection (D) is made a part of
another administrative process, then
the higher fee shall be imposed.
(b) Documentation Required:
1. Copy of the deed for the property.
2. Power of attorney if the applicant
is not the owner of the property.
3. Property survey will be required if
the request involves relationship
of structure(s) to lot lines or lot
area
4. Posting certification (to be sub-
mittedat the hearing to the clerk).
Supp. No.5
5. Other information which the ap-
plicant, the zoning administrator
or the hearing authority deter-
mines is necessary in order to ad-
equately evaluate the application.
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(2) Variances and Waivers:
(a) Minor Variances or Waivers (Ten (10)
Percent or Less): The zoning adminis-
trator is empowered to decide upon ap-
plications for minor variances or
waivers from the strict application of
any of the "development and use
regulations" of this zoning ordinance,
which apply throughout the various
zone district regulations and in other
situations which may be specifically au-
thorized in the various sections,
without requirement of a public
hearing, under the following conditions:
1. The variance or waiver does not
exceed ten (10) percent of the min-
imum or maximum standard: and
2. That the zoning administrator
finds that the "findings of fact," as
set forth in subsection (2)(c) hereof,
are substantially complied with
and support the request: and
3. The zoning administrator has no-
tified adjacent property owners by
letter notice and posting of the site
at least ten (10) days prior to ren-
dering his decision, and that no
protests have been received during
such ten-day period.
4. That no additional dwelling units
would result from approval of such
variance or waiver.
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(b) Variances and Waivers .of More Than
Ten (10) Percent: The board of adjust-
ment is empowered to hold public hear-
ings to hear and decide upon appeals
for variances and waivers from the
strict application of any of the "devel-
opment and use regulations" which
apply throughout he various zone dis- .
trict regulations of this zoning code, un-
less otherwise specifically provided.
Where a variance or waiver is made a
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1696
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ZONING AND DEVELOPMENT
part of another administrative pro-
cess, such as a change of zone, sub-
division or a formal site plan or
development plan review which re-
quires a public hearing before the
planning commission and/or city coun-
cil, then the planning commission
and/or city council shall be empow-
ered to decide upon such variance or
waiver request concurrent with such
other process; however, in deciding
such variance or waiver the plan-
ning commission and/or city council
shall be subject to the voting ratio as
applies to the board of adjustment,
set forth in Wheat Ridge Code of
Laws section 2-61.
(c) Review criteria and findings of fact:
Where the board of adjustment, plan-
ning commission or city council shall
hear and decide upon a request for a
variance or waiver, that authority
shall base its decision in consider-
ation of the extent to which the fol-
lowing facts, favorable to the appli-
cant, have been established by the
evidence:
1. Can the property in question
yield a reasonable return in use,
service or income if permitted
to be used only under the con- .
ditions allowed by regulation
for the district in which it is
located?
2. Is the plight of the owner due to
unique circumstances?
3. If the variation were granted,
would it alter the essential char-
acter of the locality?
4. Would the particular physical
surrounding, shape or typo-
graphical condition of the spe-
cific property involved result in
a particular hardship (upon the
owner) as distinguished from a
mere inconvenience if the strict
letter of the regulations were
carried out?
Supp. No. 18
1697
S 26-6
5. Would the conditions upon
which the petition for a varia-
tion is based be applicable, gen-
erally, to the other property
within the same zoning classi-
fication?
6. Is the purpose of the variation'
based exclusively upon a desire
to make money out of the prop-
erty?
7. Has the alleged difficulty or
hardship been created by any
person presently having an in-
terest in the property?
8. Would the granting of the vari-
ations be detrimental to the
public welfare or injurious to
other property or improvements
in the neighborhood in which
the property is located?
9. Would the proposed variation
impair the adequate supply of
light and air to adjacent prop-
erty or substantially increase
the congestion in the public
streets or increase the danger
of fire or endanger the public
safety or substantially dimin-
ish or impair property values
within the neighborhood?
10._ Ifit is found in criteria 8. and 9.
above that granting of the vari-
ation would not be detrimental
or injurious to other property
or improvements in the neigh-
borhood, and it is also found
that public health and safety,
public facilities and surround-
ing property values would not
be diminished or impaired, then,
would the granting of the vari-
ance result in a benefit or con-
tribution to the neighborhood
or the community, as distin-
guished from an individual ben-
efit on the part of the applicant,
or would granting of the vari-
ance result in a reasonable ac-
commodation of a person with
disabilities?
~ 26-6
WHEAT RIDGE CITY CODE
(d) Expiration of variance: Any variance
granted by the board of adjustment
or planning director shall automati-
cally expire within one hundred
eighty (180) days of the date it was
granted, or within such other time
as the board of adjustment or plan-
ning director may prescribe, unless a
building permit for the variance is
obtained within such period oftime.
If the building permit expires, the
variance shall expire at the same
time. Extensions of time may be
granted for good cause shown, but
only if an application for the exten-
sion is made prior to the expiration
of the variance.
(3) Temporary permit for uses, buildings and
signs:
(a) One-month temporary permit: The
zoning administrator is empowered
to decide upon applications for tem-
porary buildings, uses or signs which
would not otherwise be permitted in
a particular district, without require-
ment of a public hearing, under the
following conditions:
1. The duration of the building,
use or sign shall not exceed one
(1) month.
2. No other temporary permit has
been issued within the previ-
0us one (1) year for the same or
similar building, use or sign on
the same premises:
3. The zoning administrator shall
determine that the "findings of
fact," as set forth in subsection
(3)(b) below are substantially
complied with.
4. The zoning administrator has
notified adjacent property own-
ers in a form and manner as
required for minor variances
and waivers as set forth in sub-
section (D)(2)(a), and has re-
ceived no objections.
Supp. X o. 18
5. The owner or owner's agent ap-
proves in writing of the pro-
posed temporary building, use
or sign.
If all of the conditions stated above
are met, the zoning administrator
may issue a one-month temporary
permit; however, if they are not met,
he must deny the permit. The appli-
cant may appeal denial to the board
of adjustment.
(b) One-year temporary permit: The
board of adjustment is empowered to
hold a public hearing to decide upon
requests for temporary uses, build-
ings or signs which would not other-
wise be permitted in a particular
zone district. The board may ap-
prove a temporary permit for no
longer than one (1) year per applica-
tion. When hearing and deciding re-
quests for temporary permits, the
board shall base its decision in con-
sideration of the following findings
of fact:
FINDINGS OF FACT: The proposed
temporary use, building or sign:
1. Will not have a detrimental ef-
fect upon the general health,
welfare, safety and convenience
of persons residing or working
in the neighborhood of the pro-
posed use; and
2. Will not adversely affect the
adequate light and air, nor cause
significant air, water or noise
pollution, or cause drainage
problems for the general area;
and
3. Will not result in undue traffic
congestion or traffic hazards,
or unsafe parking, loading, ser-
vice or internal traffic conflicts
to the detriment of persons
whether on or off the site; and
4. Will be appropriately designed,
including setbacks, heights,
parking, bulk, buffering, screen-
1698
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ZONING AND DEVELOPMENT
~ 26-6
ing and landscaping, so as to be
in harmony and compatible with
character of the surrounding
areas and neighborhood, espe-
cially with adjacent properties;
and
5. Will not overburden the capac-
ities of the existing streets, util-
ities, parks, schools, and other
public facilities and services.
(4) Interpretations. The board of adjustment
is empowered to hold public hearings to
decide upon requests for interpretation of
the provisions of the zoning ordinance
(Article I of this chapter), floodplain reg-
ulations (Article II of this chapter), Sub-
division Regulations (Article III of this
chapter), and/or the sign regulations (Ar-
ticle IV of this chapter) in such a way as to
carry out the intent and purpose of such
laws. Such authority to interpret shall
extend to include the following:
(a) The basic intent and purpose of words,
phrases or paragraphs as applied to
a specific proposal or instance.
(b) Use of property as an "other similar
use;" however, in no instance shall
the board make an interpretation
that a particular use may be pennit-
ted in a zone district where that use
is specifically enumerated in a higher,
that is, more intensive, zone district.
(c) Relationship of physical improve-
ments, streets, rights-of-way, streams,
property boundaries, etc., where such
varies or are inconsistent with the
official zoning maps of the City of
Wheat Ridge.
(5) Appeals. Appeal of any decision of the
board of adjustment or city council which
either grants or denies applications for
variances, waivers, temporary permits, or
interpretations may be made by the ap-
plicant, the city council or any aggrieved
party to district court within thirty (30)
days of the decision. Appeal of any such
decision of the planning commission may
be made by the applicant, the mayor or
Supp. No. 18
any aggrieved party to the city council
within ten (10) working days of the deci-
sion.
(E) Site development plans: There are a vari-
ety of land use review processes which require
submittal of a site plan as part of the documen-
tation to be considered when deciding a particular
request. Based upon the specific type of request,
the
1698.1
ZONING AND DEVELOPMENT
~ 26.6
e
detail and reliability of a site plan will vary. The
requirements for outline, preliminary and fmal
development plans required in planned develop-
ment zone district (PRD, PCD, PID, PMHP, PRVP
and PHD) are found in those district regulations.
(See section 26-25.) This section establishes the
purpose, graphic and informational requirements
for two (2) types of site development plans re-
quired in instances other than planned develop-
ment districts.
e
(1) Type I site plan:
(a) Purpose: This is a sketch plan which
indicates general development intent,
building envelopes, parking areas,
landscape/open space areas, storage or
outside work areas, and approximate
location of street access. It is not in-
tended to provide detailed design ele-
ments or engineering or architectural
details. It does, however, provide a gen-
eral indication of the potential char-
acter and possible impacts of a pro-
posed development and may be used as
a basis for future zoning review and
zoning enforcement. As such, it be-
comes a part of the case file and record,
and if the request involves adoption of
an ordinance to approve, the site plan
will be attached to the ordinance as an
exhibit, and shall be f1led with the Jef-
ferson County clerk and recorder.
(b) Plan requirements:
1. Sheet size: 8'/z x 11 inches min-
imum.
2. Scale and north arrow.
3. Property boundaries and lot lines
with dimensions.
4. Existing and proposed public
streets rights-of-way, public ease-
ments, irrigation ditches, drainage
ways and other easements af-
fecting the site.
5. Existing and proposed public im-
provements within and adjacent to
the site, including curbs, gutter,
sidewalk, street pavement,
drainage improvements, 'street
lights, etc.
e
Supp. No.5
6. Existing and proposed street ac-
cess points or curb cuts and dimen-
sions thereof.
7. Proposed site development ele-
ments, including general building
envelopes,. landscape/open space
buffers, parlling and loading areas,
and outside work, storage or dis-
play areas.
8. Site data table, including gross .and
net lot area, maximum building
coverage, maximum floor area of
buildings, landscape/open space
area, parking area, maximum
building height, etc.
(2) Type II site plan:
(a) Purpose: This is a moderately detailed
plan which provides a greater amount
of site relationship and architectural
information for decision-makers to con-
sider in deciding upon applications for
use and development. It is intended to
illustrate preliminary site design ele-
ments, preliminary architectural char-
acter and consideration of engineering
issues to the extent that the potential
character and possible impacts are
more clearly definable. It can provide
the basis for building permit review,
certificate of occupancy review, and fu-
ture zoning enforcement. The plan will
be part of the case file and record, and
will be recorded with the Jefferson
County clerk and recorder.
(b) Plan requirements:
1. Sheet size:
a. Small format. In cases where
the required information can
be displayed in an easily read,
simple and uncomplicated
manner at a small scale, the
site plan may be submitted in
the form of an 11 x 17- inch or
8'/z x 11-inch format. Multiple
sheets will be permitted for
written and tabular informa-
tion if necessary.
1699
~ 26.6
Supp. No.5
WHEAT RIDGE CITY CODE
b. Large format. In cases where,
because of the complexity of
information or the size of the
site, the required information.
cannot be displayed in an
easily read, small format site
plan, the applicant mayor the
director of planning and devel-
opment may require that the
site plan be prepared at a 24
x 36.inch format. (This large
format site plan must meet the
Jefferson County Recorder's
minimum requirements for re-
cordation, as upon final ap-
proval. A reproducible mylar
will be recorded.)
2. Vicinity map.
3. The boundary of the site described
in bearings and distances and ex-
isting and proposed lot lines.
4. Legal description of the site
matching the certified survey.
5. Signed surveyor's certification (ap-
plies only to large format site
plans)
6. Scale and north arrow.
7. Date of map preparation and nanle
and address of person who pre.
pared map.
8. Location of 100.year floodplain, if
applicable. .
9. Existing and proposed contours at
two-foot intervals.
10. Location of all existing and pro-
posed:
a. Fences, walls or screen plant-
ings and their type and height;
b. Exterior lighting, location,
height and type;
c. Signs, including type, height
and size;
d. Landscaping and special
buffers, including type and
coverage
e. Parking and loading areas,
handicap parking areas;
f. Easements and rights-of-way.
g. Drainage ways, pond areas,
ditches, irrigation canals,
1700
lakes and streams, if app li-
cable_
h. Buildings to be developed or
retained on the site, including
possible use, height, size, floor
area, setback dimensions and
type of construction.
i. Existing and proposed streets,
both adjacent and within the
site, including names, widths,
location of centerlines, accel-
eration/deceleration lanes.
j. Curbs, gutters, sidewalks, bike
paths.
k. Location of trash containers
and method of screening, if
any.
L Areas to be used for outside
work areas, storage or display
and method of screening, if
any.
m. Name of the site plan with the
words "Official Development
Plan of the City of Wheat
Ridge" thereunder; (please
note, since the plan will be re-
corded, the name cannot du-
plicate an existing recorded of-
ficial development plan).
11. Adjoining property lot lines, build-
ings, access, parking, so that de.
velopment compatibility can be de-
termined.
12. Other information which shall be
in written or tabular form, in-
cluding:
a. Statement of proposed zoning
and any conditions.
b. Statement of proposed uses.
c. State data (numeric and per-
centage) in tabular form, in-
cluding:
i. Total area of property,
gross and net;
ii. Building coverage;
iii. Landscape coverage;
iv. Total lot coverage by all
structures and paving;
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ZONING AND DEVELOPMENT
* 26.6
e v. Number of parking
spaces;
vi. Gross floor area; and (b)
vii. Number of residential
units and density (if appli-
cable).
13. Signature blocks for (large format
plans only):
a. Planning commission certifi-
cate_
b. Mayor's certificate.
c. Clerk and recorder's certifi-
cate.
d. Director of planning and de-
velopment.
14. In addition to the information in-
cluded on the site plan document,
the following supportive informa-
tion may be required:
a. Drainage plan.
b. Elevations and perspective (c)
drawings.
e c. Traffic impact report.
(F) Public Hearing Notice and Procedure:
e
(1) Pre-application neighborhood input meeting.
Prior to submitting any application for a
rezoning of property to a higher use than is
currently permitted, or for a special use
permit, conditional use permit or mineral
extraction or solid waste disposal permit,
an applicant shall be required to do the fol-
lowing:
(a) Applicant shall, by regular mail or by
pamphlet or flyer personally delivered,
notify all residents within six hundred
(600) feet of the area proposed to be
rezoned or for which a use permit as
specified above is sought of a meeting
to be held, at a time and place selected
by applicant but reasonably calculated
to be convenient both to applicant and
those residents notified, for the pur-
pose of allowing the applicant to
present to said residents the nature,
character and extent of the action re-
quested by applicant, and further to
Supp. No.5
allow the residents to give input to the
applicant regarding said proposal.
The intent of this proposal is to give
adequate opportunity for both appli-
cants and residents to give and receive
input regarding proposed projects prior
to their formal submission so that the
projects are carefully designed and con-
ceived to be compatible with sur-
rounding neighborhoods. It is not the
intent of the city council to require
formal agreements between applicants
and residents prior to submission of ap-
plications, nor is any applicant to be
denied a right to proceed to any re-
quired or permitted hearings regarding
such application because no agreement
is reached. Rather, the city council by
this action is encouraging reasonable,
honest, good faith communication be-
tween residents and applicants, and
vice versa.
No rezoning application or use permit
as defined above shall be accepted by
the city's staff until applicant has cer-
tified by affidavit that he has complied
with the provisions of this subsection
(F)(I) above.
(2) Newspaper publication. At least fifteen (15)
days prior to any public hearing for a spe-
cific land use or development approval pro-
cess which requires approval by the plan-
ning commission, board of adjustment or
city council, the zoning administrator shall
cause to be published, in the legal section
of a newspaper of general circulation within
the city, a notice of public hearing. Said
notice shall specify the- kind of action re-
quested; the hearing authority; the time,
date and location of hearing; and the loca-
tion of the parcel under consideration by
both address and legal description. Notwith-
standing the above, any action which re-
quires approval by passage of an ordinance
by city council shall be subject to the reg-
ular ordinance approval process, which in-
cludes a first reading of the ordinance by
city council at a regular meeting where no
testimony is allowed. Then, if passed upon
first reading, council establishes the time
1701
li 26.6
WHEAT RIDGE CITY CODE
and date of the public hearing and the city
clerk shall cause the proposed ordinance to
be published in a form and manner as de.
scribed above.
(3) Posting notice. At least fifteen (15) days
prior to any public hearing for a specific
land use or development approval process
which requires the approval by the plan-
ning commission, board of adjustment or
city council, the zoning administrator shall
cause to be prepared, and the applicant shall
post, a sign (one (1) per street frontage) upon
the parcel under consideration for approval
which provides notice of the kind of action
requested; the hearing authority; the time,
date and location of hearing; and the loca-
tion of the parcel under consideration by
both address and legal description. Such
sign shall be posted within the property
boundaries, shall be affixed to a flat sur-
face, shall be elevated a minimum of thirty
(30) inches from the ground (however, not
more than six (6) feet above ground), shall
be visible from the street without any ob-
structions, shall be legible and displayed
for fifteen (15) days prior to the public
hearing. The fact that a parcel was not con.
tinuously posted the full fifteen (15) days
may not, at the full discretion of the hearing
authority, constitute grounds for continu-
ance where the applicant can show that a
good faith effort to meet this posting reo
quirement was made.
(4) Letter notice. At least fifteen (15) days prior
to any public hearing which requires noti-
fication by letter, the zoning administrator
shall cause to be sent, by certified mail, a
letter to adjacent property owners and to
owners of property included within the area
under consideration. Such letters shall
specify the kind of action requested; the
hearing authority; the time, date and loca-
tion of hearing; and the location of the
parcel under consideration by address or
approximate address.
(5) Public hearing rules:
(a) Postponements: After a public hearing
has been legally noticed, only one (1)
Supp. No.5
1702
postponement by the applicant may be
allowed by the planning commission,
board of adjustment or city council.
Upon the second request for postpone-
ment, the planning commission, board
of adjustment or city council shall have
the authority, which they may exer-
cise at their discretion, to dismiss the
application.
(b) Rehearing requests: No application
shall be submitted to or accepted by
the planning commission, board of ad.
justment or city council (whichever is
the final hearing authority) if any pre-
vious application for the same or sub-
stantially similar request for the same
property or portion of property has been
denied during the preceding twelve (12)
months. The twelve-month time limi.
tation contained herein shall commence
on the date of any final determination
of denial by the planning commission,
board of adjustment, city council or a
court ofrecord, whichever is later.
The twelve-month time limitation spec-
ified in this section shall be strictly ad-
hered to except upon a finding by the
fmal hearing authority, after evidence
presented by the applicant, that a major
change in physical conditions and cir-
cumstances warrants an earlier
hearing. ''Major change in physical con-
ditions and circumstances" shall, for
the purposes of this section, mean a sig-
nificant modification in the character
and nature of the proposed develop-
ment or use, and shall be reflected in
the intensity of the use, the external
effects on adjacent properties or such
other factors as may be determined by
the planning commission, board of ad-
justment and/or the city council.
An exception to the above.stated twelve
(12) month rehearing period may be al-
lowed where the applicant or a member
of the [mal hearing authority who voted
with the prevailing side requests a re-
hearing on the same application no
later than at the next regular or spe-
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ZONING AND DEVELOPMENT
926-6
cial meeting. The granting of a re-
hearing shall be by majority vote, if
requested by the applicant, and shall
be based upon the submittal of new
evidence which could not have been
,
with due diligence, presented at the
previous hearing on the application.
(c) Quasi-Judicial Matters: Any applica-
tion which involves the use and/or
development of a specific parcel of
land, as opposed to a city-initiated
large area or city-wide proposal, is
considered a quasi-judicial matter.
Therefore, applicants, opponents and
proponents are prohibited from mak-
ing ex parte contact (that is, contact
outside of the public hearing forum)
with any member of the decision-
making authority.
(6) Public notice time requirements. Unless
otherwise specifically stated to the con-
trary in the Wheat Ridge Code of Laws,
public notice time requirements include
the day the notice is posted, appears in
the newspaper, or is received by a recipi-
ent, and shall also include the day of the
public hearing. By way of example, a
public hearing advertised in a Thursday
newspaper, which requires a fifteen-day
notice, is eligible for hearing no sooner
than the second subsequent Thursday.
(G) Vested property rights:
(1) Purpose. Pursuant to the prOVISIOns of
Article XX, Section 6 of the Constitution
of the State of Colorado, the electors of the
City of Wheat Ridge, Colorado, have
adopted a Home Rule Charter. The law is
and has for many years been, clear and
certain that adoption of a Home Rule
Charter vests the citizens of a home rule
city, and the legislative body thereof, with
the power and authority to enact legisla-
tion on matters of purely local concern,
which legislation preempts and super-
sedes state legislation as to those matters
of purely local concern. Zoning is and has
on numerous occasions been declared and
confirmed by the Colorado Supreme Court
Supp. No. 22
as being a matter of purely local concern.
The purpose of this subsection 26-6( G) is
to state the intent of the City of Wheat
Ridge to guard jealously its rights and
powers as a home rule city to enact local
zoning regulations which supersede and.
preempt state legislation in the area of
zoning.
(2) Vested rights. The City of Wheat Ridge is
aware of passage of Senate Bill 219, cod-
ified in C.R.S. ~ 24-68-101. The City of
Wheat Ridge rejects the assertion that
the subject matter of said Senate Bill 219
is Ita matter of statewide concern," and,
therefore, determines that the provisions
of Senate Bill 219 are expressly super-
seded and preempted within the City of
Wheat Ridge by the provisions of this
subsection 26-6(G) of the Code of Laws of
the City of wheat Ridge.
(3) Creation of vested rights. No vested right
is created within the City of Wheat Ridge
by the approval of any application for
zoning or rezoning, site plan, consolida-
tion plan, subdivision plan or plat, planned
building group, or an outline, preliminary
or final development plan. Rather, a vested
property right shall be created if, after a
building, grading or fill permit has been
lawfully issued, the successful applicant,
owner or permit holder (expressly pro-
vided that approval has been granted
and/or a permit has been issued in com-
pliance with all applicable laws, rules and
regulations, and not based upon a "mis-
representation of fact or a mutual mis-
take off act") has taken lawful, reasonable
and substantial steps, and has incurred
lawful, reasonable and substantial ex-
penses, in justifiable reliance upon the
approval or permit. The intent of this
provision is to adopt the common law of
estoppel in pais as that doctrine existed.
on June 30, 1987, as the law of vested
property rights within the City of Wheat
Ridge.
(4) Notice concerning vested rights. Ordi-
nances approving requests for zoning/
1703
~ 26-6
WHEAT RIDGE CODE
rezoning of property, and ordinances, res-
olutions or motions approving plans, plats,
site plans or any other required submis-
sion, shall contain the following state-
ment:
"Approval of this (ordinance, plan, plat,
etc.,) does--1lot_ create a vested property
right. Vested property rights may only
arise and accrue pursuant to the provi-
sions of section 26-6(G) of the Code of
Laws of the City of Wheat Ridge."
(H) Zoning Ordinance Amendments:
(1) Requests or proposals for amendments.
Requests or proposals to amend this arti-
de may be initiated by city council, the
mayor, planning commission, board of ad-
justment, the city attorney, the city ad-
ministrator, or the director of planning
and development.
Any proposal to amend the zoning ordi-
nance referred. to the planning commis-
sion shall be scheduled for hearing within
thirty (30) days of such referral and a
recommendation to approve, to modify, or
to deny the proposal shall be rendered by
the planning commission within sixty (60)
days of such referral. Failure to make a
recommendation to city council within
sixty (60) days shall be deemed a recom-
mendation for approval without com-
ments. Any other party requesting or sug-
gesting amendments shall make
application to the planning commission
for consideration on a future agenda as a
study matter.
(2) Process:
(a) Planning Commission Hearing: A
public hearing shall be scheduled
before the planning commission and
the planning commission shall hear
and make recommendation to city
council upon all proposals to amend
the zoning ordinance. Notice of said
public hearing shall be by a notice
published in a newspaper of general
circulation at least seven (7) days
prior to said hearing.
Supp. No. 22
(b) City Council Hearing: All amend-
ments to the zoning ordinance shall
be approved only by the passage of
an ordinance. Said ordinance shall
specify those provisions which are
being enacted, repealed, modified oth-
erwise changed. After passage upon
first reading, a notice of public hear-
ing, together with the council bill,
shall be published in a newspaper of
general circulation, no less than seven
(7) days prior to a public hearing
before city council. Council shall hold
a public hearing on all requests and
proposals recommended to it by the
planning commission, and shall ap-
prove, approve with modifications,
or deny the council bill. Ordinances
approved on second reading which
amend the zoning ordinance, shall
take effect fifteen (15) days after
final publication, unless otherwise
specifically modified by a motion of
city council,
(I) Right-of- Way Vacations. Street right-of-way
vacations can occur by ordinance or by final plat
and can be initiated by either the City of Wheat
Ridge or by a private party.
(1) Vacations by plat. When a street is being
vacated as part of the platting process it
shall be graphically shown and shall be
designated as being "hereby vacated". The
document for vacation in this instance
shall follow the form and content of a final
plat outlined in section 3.C. of the Subdi-
vision Regnlations and shall be processed
in accordance with section 3.C.1. "Process-
ing of the Final Plat". All submittal re-
quirements of the platting process shall
be provided by the applicant. There shall
not be an additional charge for the pro-
cessing of the vacation in this instance.
(2) Vacations by ordinance. Applications for
vacation by ordinance may also be origi-
nated by the City of Wheat Ridge or by a
private property owner. If it is a city-
initiated vacation, the department of pub-
lic works shall prepare a legal description
1704
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ZONING AND DEVELOPMENT
~ 26-6
of the right-of-way proposed to be vacated
attached to an administrative process ap-
plication signed by the mayor of the City
of Wheat Ridge or his representative. The
filing fee in this instance shall be waived.
The city will provide all other supplemen-
tal information required to process the
city-initiated application.
If a private party is applying for the vacation,
he or she will be responsible for the prepara-
tion and submittal of an application package
including the following items:
a. Legal description of the proposed
right-of-way to be vacated prepared,
signed and sealed by a land surveyor
registered in the State of Colorado.
b. Name and mailing address of the
original, recorded conveyance docu-
ment.
c. Name and addresses of all property
owners adjacent to or otherwise af-
fected by the vacation.
d. A completed administrative process
application form provided by the de-
partment of planning and develop-
ment with a fee of two hundred dol-
lars ($200_00).
e. Additional written information in suf-
ficient detail to convey the full intent
of the applicant requesting the vaca-
tion.
(3) Processing the application. Upon receipt
of a complete application packet as de-
scribed above, a case manager from the
department of planning and development
shall proceed with the following process:
a. Refer the application to affected pub-
lic agencies, city departments and
utilities for review and comment.
b. Within thirty (30) days of acceptance
of a completed application packet,
notice shall be given of a scheduled
public hearing on the application in
front of planning commission with
notice by publication, letter and site
Supp. No. 22
posting in the manner provided in
section 26-6(F)(2H4) of the Wheat
Ridge Code of Laws.
c. Prepare a written report to the plan-
ning commission which evaluates the
proposal, makes findings, and recom-
mendations using the review crite-
ria set forth in subsection (4) below.
(4) Criteria for review. Before a street right-
of-way vacation is approved, the applicant
shall show and the planning commission
and city council shall make the following
determinations:
a. That the proposed vacation will not
leave any adjoining land without ac-
cess to an established public right-
of-way.
b. That the proposed vacation is in con-
formity with the most recently en-
acted goals and policies of the Trans-
portation Section of the current
Comprehensive Plan of the City of
Wheat Ridge.
c. That the proposed vacation will not
have a negative impact on the infra-
structure ofthe City of Wheat Ridge.
d. That adequate easements have been
reserved for use and/or maintenance
by the city or other utility agencies.
(5) Planning commission review. Planning
commission shall hear and consider any
evidence or statement presented by the
applicant, city staff, or by any person in
attendance at the hearing. The planning
commission shall then make a recommen-
dation to city council to approve, approve
with conditions or deny the application,
basing its recommendations on the facts
presented in the public hearing as applied
to the criteria for review as specified in
subsection (4), hereof. Planning commis-
sion may recommend conditions or stipu-
lations, which may include use limita-
tions or operational stipulations such as
reservation of utility easements or access
easements. A recommendation of denial
by the planning commission shall be con-
1704.1
~ 26-6
WHEAT RIDGE CODE
sidered final, unless the city or the appli-
cant files an appeal to city council, with
the city clerk within ten (10) working
days of the planning commission decision.
(6) City coundl review. City council shall re-
view and decide upon all requests for
right-of-way vacations, upon recommen-
dation of planning commission for ap-
proval, or upon appeal of a recommenda-
tion for denial by planning commission.
Vacations shall be approved by passage of
an ordinance, following the city's stan-
dard ordinance adoption procedures, or by
final plat approval in which case a sepa-
rate ordinance is not required. Notice of
public hearing shall be by publication,
letter and site posting in the manner
provided in subsection (3) hereof. City
council in addition to consideration of the
planning commission record shall hear
additional evidence and testimony pre-
sented and either approve, approve with
modifications, or deny the ordinance. City
council shall base its decision upon all
evidence presented, with due consider-
ation of the criteria for review as set forth
under subsection (4) hereof.
(7) Recordation. All approved vacation ordi-
nances or plats with street vacations shall
be recorded with the Jefferson County
Clerk and Recorder by the city within
thirty (30) days of the effective date of
such ordinance or plat approval.
(8) Vesting of title. When a right-of-way is
vacated, title to the vacated right-of-way
shall vest with adjacent property owners
or the original grantor or its successors-
in-interest as provided by C.R.S. ~ 43-2-
301, et seq.
(Ord. No. 1989-791, ~ 1, 5-8-89; Ord. No. 1990-
822, ~ 2, 2-26-90; Ord. No. 1990-827, ~ 1, 4-9-90;
Ord. No. 1992-889, ~ 1, 2-10-92; Ord. No. 1993-
945, ~ 1, 12-13-93; Ord. No. 1994-970, ~ 1,6-13-94;
Ord. No. 1994-978, ~ 1, 10-10-94; Ord. No. 1994-
985, ~ 1, 12-12-94; Ord. No. 1996-1055, ~ 1,
11-25-96; Ord. No. 1998-1136, ~ 1, 11-10-98)
Supp. No. 22
Sec. 26-7. Nonconforming lots, uses and
structures.
(A) Intent:
(1) Within the districts created by the adop-
tion of this Zoning Ordinance, or by the
adoption of amendments subsequent to
this Ordinance, there may exist lots, struc-
tures or uses ofland and structures which
were legal prior to the time of the adop-
tion or amendment of this Ordinance but
which under the terms of this Ordinance
or its amendment are now prohibited,
restricted or regulated. It is the intent of
this Zoning Code to permit these
nonconformities to continue until they are
voluntarily removed, or until they are
amortized, but not to encourage their sur-
vival. It is further intended that these
nonconformities will not be enlarged, ex-
panded, or extended, nor will they be used
as grounds for adding other uses or struc-
tures prohibited in the district. In cases
where a nonconformity constitutes an em-
inent public safety hazard or threat, the
nonconforming situation may be ordered
corrected or removed.
(2) Any building or structure for which a
building permit has been issued or a use
ofland or structure for which a use permit
has been granted prior to the effective
date of enactment or amendment of this
Zoning
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ZONING AND DEVELOPMENT
~ 26-7
Code may be completed and used in accor-
dance with the plans, specifications and
permit on which said building or use per-
mit was granted, if construction, in the
case of a building, or occupancy in the case
of use, is commenced within sixty (60) days
after the issuance of said pennit and dili-
gently carried to completion or occupancy.
(B) Nonconforming vacant lots of record: In
any district in which single-family dwellings are
permitted, a single-family residence and custom-
ary accessory buildings may be erected on any
vacant single lot of record as of date of adoption of
this Zoning Code, provided, that such lot is in
separate ownership and not of continuous front-
age with other lots under the same ownership.
This provision shall apply even though such lot
fails to meet the requirements of the district in
which it is located for area, or width, or both;
provided, however, that the requirements of the
district for minimum yard dimensions and lot
coverage shall be met.
If two (2) or more lots or combinations of lots
. and portions of lots with continuous frontage in
single ownership are of record at the time of
passage or amendment of this Ordinance, and
part or all of said lots do not meet the require-
ments of the district in which they are located as
to minimum area or frontage or both, the lands
shall be considered, for the purpose of this Ordi-
nance, to be an undivided parcel and no portion of
said parcel shall be sold or used in a manner
which diminishes compliance with lot width and
area requirements established by this Ordinance.
(C) Nonconforming uses of land or land with
minor structures only: Nonconforming use ofland,
legally existing at the time of the adoption or
amendment of this Ordinance, where such use
involves no individual structure with a replace-
ment cost of more than five thousand dollars
($5,000.00), may be continued as long as it re-
mains otherwise lawful for a period not to exceed
five (5) years from the date of the adoption of this
Ordinance, or the amendment thereto creating
said nonconfonning use; provided:
(1) That no such use shall in any manner be
increased to occupy a greater area ofland
than was occupied on the date of adoption
or amendment of this Ordinance.
Supp. No. 17
(2) That no such use shall be moved, in whole
or in part, to occupy any portion of the lot
or parcel other than that occupied on the
date of adoption of amendment of this
Ordinance.
(3) That should any such use, for any reason,
cease for a period of sixty (60) days or more,
or at the end of the five-year amortization
period, any further use of the property
shall be in full confonnance with all of the
requirements of this Ordinance for the dis-
trict in which said property is located.
(4) No additional structures not confonning to
the requirements of this Ordinance shall be
erected in conjunction with said noncon-
fonning use.
(D) Nonconforming structures: Where a struc-
ture with a replacement value of more than five
thousand dollars ($5,000.00) lawfully exists at the
time of the adoption or amendment of this Ordi-
nance which could not be built under the require-
ments of this Ordinance because of lot area, lot
coverage, required yards or the location of the
structure on the lot, such structure may be con-
tinued so long as it remains otherwise lawful,
subject to the following provisions.
(1) Any one- or two-family dwelling structure
or customary accessory structures may be
enlarged, altered or added to provided that
all lot coverage requirements ofthe zoning
district in which the structure is located
are met, and provided that such enlarge-
ment, alteration or addition does not in-
crease the extent of nonconforming set-
backs by encroaching beyond the existing
setback line. In instances of comer lots, no
enlargement, alteration or addition shall
be permitted to encroach within the mini-
mum sight distance triangle as set forth in
section 26-30(1) hereof. In addition, no such
enlargement, alteration or addition which
extends within the nonconfonning area shall
result in the development of any additional
dwelling units.
(2) If any such structure or nonconfonning
portion thereof is destroyed by any means
to an extent of more than fifty (50) percent
of its replacement cost at the time of said
1705
* 26-7
WHEAT RIDGE CITY CODE
(3)
destruction, it shall not be reconstructed
except in conformity with the applicable
provisions of this Ordinance.
If any such structure should for any reason
be moved from its location at the time of
adoption or amendment of this Ordinance,
it shall conform to the provisions of the
district in which it is located after it is
moved.
(E) Nonconforming Uses of Structures, or of
Premises, or of Structures and Premises in Com-
bination: Lawful uses of individual structures
with a replacement cost of five thousand dollars
($5,000.00) crlllore, or such structures and land
in combination which exists at the time of adop-
tion or amendment of this Zoning Code, but which
would not be allowed in the district in which
located under the terms of this Zoning Code, may
be continued, so long as they remain otherwise
lawful, provided:
(1) No existing structure devoted to a use not
permitted by this Ordinance in the district
in which located shall be eularged, ex-
tended, constructed, reconstructed, moved
or structurally altered except in changing
the use of the structure to a use permitted
in the district in which it is located.
(2) Any nonconforming use may be extended
throughout any part of the building which
was designed or arranged for such use at
the time of adoption or amendment of the
Zoning Code, but no such use shall be
extended to occupy any land outside such
building. In addition, no such use shall be
extended to any portion of the property
outside of any building which was not used
for said nonconforming use at the time of
the adoption or amendment of this Ordi-
nance creating said nonconforming use.
(3) That no structural alterations are made,
any nonconforming use of a structure, or of
premises, or of a structure and premises in
combination, may be changed to another
nonconforming use as special exception by
the board of adjustment; provided, that
said board finds that the proposed use is
equally or more appropriate than the exist-
Supp. No. 17
ing use. In permitting this change, the
board may require whatever conditions and
safeguards it deems necessary.
(4) Any structure, or land, or structure and
land in combination, in or on which a
nonconforming use is replaced by a permit-
ted use shall not again be devoted to a use
not permitted in the district in which it is
located.
(5) Whenever any nonconforming use of a struc-
ture, or land, or a structure and land in
combination, is discontinued for sixty (60)
consecutive days or six (6) months during
any three-year period, except when govern-
ment action impedes access to the property,
or at the termination of the fifteen-year
amortization period, the structure, or struc-
ture and premises in combination shall not
thereafter be devoted to a use not permit-
ted in the district in which is located.
Nonconforming residential structures and
uses are exempt from the provisions of this
subsection (5).
(6) Where nonconforming use status applies to
a structure and premises in combination,
removal or destruction of the structure
shall not eliminate the nonconforming sta-
tus of the land, except where the noncon-
forming use of the land is additionally
terminated. "Destruction," for the purpose
of this section, shall be defined as damage
to the extent of more than fifty (50) percent
of the replacement cost at the time of
destruction.
(7) Land use conformance applications-Fee
waived: Rezoning, special use permit or
conditional use permit applications for prop~
erties which are nonconforming uses at the
time of application, and where such appli-
cations are intended to bring the noncon-
forming use into use conformance, shall not
be charged application fees or be required to reimburse the city for direct expenses
related to the application review process.
(F) Repairs and Maintenance: On any noncon-
forming structure, or portion of a structure con-
taining a nonconforming use, work may be done
during anyone (1) year period on ordinary re-
1706
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ZONING AND DEVELOPMENT
~ 26-8
pairs, or on repair and replacement of nonbearing
wall fixtures, wiring or plumbing; provided, that
the cubic content existing when it became non-
conforming is not increased.
If a nonconforming structure or portion of a
structure devoted to a nonconforming use be-
comes physically unsafe or unlawful due to lack of
repairs and maintenance, and it is declared by the
director of planning and development to be unsafe
or unlawful by reason of physical condition, it
shall not thereafter be restored, rebuilt or re-
paired except in conformity with the regulations
of the district in which it is located.
Nothing in this Ordinance shall be deemed to
prevent the strengthening or restoring to a safe
condition of any building or part thereof declared
to be unsafe by any official charged with protec-
tionofthepublicsafet~
(G) Exceptions:
(1) Government actions. Whenever the City
of Wheat Ridge or the State of Colorado
shall, through a taking or a required
dedication of land for street widening or
extension purposes, cause any lot, struc-
ture or use maintained upon such lot to
become nonconforming in the areas of
setback, area oflot, or parking and land-
scape requirements, the existing lot, struc-
ture or use, which would otherwise be-
come nonconforming, shall be considered
conforming, subject to the following pro-
visions:
(a) The nonconformity that was created
by street right-of-way widening or
extension was not anticipated by
adopted plans which were in effect
as nf the date of commencement of
the original construction or use; and
(b) . Any nonconformity other than those
created by the above-described gov-
ernmental action, and which existed
prior to the date of the governmental
action, shall be considered a noncon-
formity which is subject to the re-
maining provisions of this section
26-7.
Supp. No. 18
(2) Variances and waivers. Any use or struc-
ture which is granted a variance or waiver
in accordance with section 26-6(D) of this
chapter from the strict application of the
regulations of this chapter, but not includ-
ing those special exceptions acted upon by
the board of adjustment under subsection
(E)(3) above, shall not be deemed a non-
conforming use or structure.__
(3) Private roadways. Nothing in this chapter
shall be construed to mean that dwellings
or other structures existing in the City of
Wheat Ridge on private roads or legally
recorded easements at the time of passage
of this chapter shall be considered to be
nonconforming.
(H) Miscellaneous Nonconformities: Existing
uses and/or developed lands which are noncon-
forming due to ingress/egress, landscaping, park-
ing, signage or public improvements may be con-
tinued notwithstanding the provisions of
subsections (C), (D) and (E) above; provided, how-
ever, that any reconstruction, enlargement or
addition meets the specific nonconforming provi-
sions related to the particular nonconformity as
specified in the appropriate section. (See section
26-31 for parking and ingress/egress; section 26-32
for landscaping; Chapter 26 Article IV for signs;
and section 5-45 for public improvements.)
(Ord. No. 1989-814, ~ 1, 12-11-89; Ord. No. 1990-
827, ~ 1, 4-9-90; Ord. No. 1991-859, ~ 1, 4-18-91;
Ord. No. 1996-1033, ~ 1, 6-24-96)
Sec. 26-8. Zoning districts.
In order to regulate the location, height, bulk
and size of buildings and other structures; the
percentage oflot which may be occupied; the size
of lots, courts and other open spaces; the density
and distribution of population; the location and
uses of land, building and structures for trade,
industry, residence, recreation, public activities or
other purposes, the City of Wheat Ridge is hereby
divided into the following districts:
Residential-One District (R-1)
Residential-One A District (R-1A)
Residential-One B District (R-lE)
Residential-One C District (R-1C)
1707
* 26-8
WHEAT RIDGE CITY CODE
Residential-Two District (R-2)
Residential-Two A District (R-2A)
Residential-Three District (R-3)
Residential-Three A District (R-3A)
Agricultural-One District (A-I)
Restricted Commercial-One (RC-l)
Restricted Commercial (R-C)
Commercial-One District (C-l)
Commercial-Two District (C-2)
Planned Development (PCD) (PRD, PCD, PID,
PHD, PRVP, PMHP)
Light Industrial (1)
(Ord. No. 1990-822, ~ 1, 2-26-90; Ord. No. 1990-
827, ~ 1, 4-9-90)
Sec. 26.9. Reserved.
Sec. .26-10. Residential-One District (R-l).
(A) Intent and Purpose: This district is estab-
lished to provide high quality, safe, quiet and
stable low-density residential neighborhoods, and
to prohibit activities of any nature which are
incompatible with low-density residential charac-
ter.
(B) Permitted Principal Uses: No building or
land shall be used and no building shall be
hereafter erected, converted or structurally al-
tered unless otherwise provided herein except for
one (1) or more of the following uses:
(1) One-family dwelling.
(2) Parks, noncommercial playgrounds or other
public recreation use.
(3) Residential group homes for six (6) to
eight (8) elderly persons. (See section 26-
30(P) and section 26-5, Definitions.)
(4) Other similar uses or structures as ap-
proved by the zoning administrator or
board of adjustment and when in conform-
ance with standards and requirements
set forth herein for similar uses.
Supp. No. 18
1708
(C) Permitted Accessory Uses and Accessory
Buildings:
(1) Detached private garage or carport.
(2) Private storage sheds.
(3) Private swimming pools, tennis courts.
(See section 26-30m for related require-
ments.)
(4) Household pets, limited to no more than
three (3) dogs and/or four (4) cats, plus
their unweaned offspring.
(5) Private stables for the keeping of horses,
cows, llamas, sheep or goats and similar
animals; however, excluding the keeping
of swine, subject to the requirements set
forth in section 26-30(L).
(6) Private poultry houses and pigeon coops,
and private rabbit and chinchilla hutches,
subject to the requirements set forth in
section 26-30(L).
(7) Bee keeping, subject to the requirements
set forth in section 26-30(L).
(8) Rooming and/or boarding of not more than
two (2) persons on a contract basis for not
less than seven days.
(9) Ancillary uses operating within a church's
primary structure (e.g., day care centers,
scout meetings.)
(10) Class 1 Home occupations which meet the
defmition and sta:i1dards set forth in sec-
tion 26-30(Q)(I) and section 26-5, Defini-
tions.
(11) Electric transmission or other public util-
ity lines and poles, irrigation channels,
storm drainage facilities, and water sup-
ply facilities, and other similar facilities.
(12) Public and private communication tow-
ers, television or radio antennas, or any
other similar communications receiving
or sending device which does not exceed
thirty-five (35) feet in height, whether
ground-mounted or mounted upon a build-
ing or other structure. For satellite earth
receiving stations, see section 26-30(J).
(13) Water towers or aboveground reservoirs
not in excess of thirty-five (35) feet.
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ZONING AND DEVELOPMENT
(14) Other similar uses or structures as ap-
proved by the zoning administrator or
board of adjustment and when in conform-
ance with standards and requirements
set forth for similar uses.
(D) Conditional Uses: The following uses shall
be permitted only upon approval of the Wheat
Ridge Planning Commission, following proce-
dures as set forth in section 26-6(A).
(1) Public, private and parochial educational
institutions which provide instruction for
grades kindergarten through 12, and pub-
lic, private or parochial colleges and uni-
versities.
(2) Public or private golf courses or private
country club or private club operated for
benefit of members only and not for gain
(but not including a private club which
provides a service customarily carried on
as a business.
(3) <kJvernment or quasi-governmental build-
ings and offices, fire stations or public
utility buildings where outside storage or
repair facilities are not planned.
(4) Electric transmission substations.
(5) Wind-powered electric generators not in
excess of thirty-five (35) feet.
(6) Church, parish house.
~ 26-10
(E) Special Uses: The following uses shall be
permitted only upon approval of the Wheat Ridge
Planning Commission and city council, following
procedures as set forth in section 26-6(B).
(1) Bed-N-breakfast rooms accessory to a one-
family dwelling primary use, subject to
requirements and standards set forth in
section 26-30(M) and section 26-5, Defini-
tions.
(2) Large day care home (see section 26-5,
Definitions).
(3) Governmental buildings, fire stations and
public utility buildings where outside stor-
age or repair facilities are planned.
(4) Restaurants, lounges and bars accessory
to a public or private golf course.
(5) Residential group homes for nine (9) or
more elderly persons (see section 26-30(P)
and section 26-5, Definitions).
(6) Residential group home for children (see
section 26-30(P) and section 26-5, Defini-
tions).
(7) Class II Home occupations which meet
the definition and standards set forth in
section 26-30(Q)(2) and section 26-5, Def-
inition8.
(8) Small day care center, day care center.
(F) Development and Use Regulations-Residential-One District (R-l):
One-family dwelling
Group home
Detached garage or carport
Private storage shed
Churches, schools, government
and quasi~government build-
ings, golf courses 35' 25% 1 acre 200' 30,(h) lS-<h). (e)
All other uses 35' 25% 12,500 sf 100' 30'(c) 5J'(dl
(a) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for aU structures.
(b) Any rear yard which abuts a public street shall have a miI~.imum setback of thirty (30) feet for all structures.
(c) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to t.en (10) feet for those portions
of lots which abut a cul-dewsac bulb. (See Figure 26w5.3.)
Maximum
Height
35'
35'
20'
20.(0
Maximum
Building
Coverage(s)
25%
25%
1,000 sf
400 sf
Supp. No. 20
Minimum
Lot
Area
Minimum
Lot
Width
Minimum
Front
Yard
Setback
Minimum
Silk Yard
Setback(a)
12,500 sf
12,500 sf
12.500 sf
12,500 sf
100'
100'
100'
100'
30/(<:)
30/(<:)
301(<:)
30'
15'
15'
15'
151{d)
1709
Minimum
Rear Yard
Setba;;k(b)
15'
15'
5'
5/(d)
20'
15'
~ 26-10
WHEAT RIDGE CITY CODE
(d) Any building or structure which houaes animals, except a residence, shall he set back fifteen (15) feet from property lines and
at least thirty (30) feet from a residence on an adjacent parcel.
(e) Fifteen-foot setback for the first story anq five (5) feet for each additional story.
(fJ Poultry houaes and pigeon coops are limited to a meximum height of twelve (12) feet.
(g) Minimum twenty-five (25) percent landscaping required on aite. (See section 26-32.)
(h) Minimum ten (10) feet oflandscaping is required within the front and side yard setbacks adjacent to public streets. (See section
26-32.)
(Ord. No. 1989-796, ~ 1,6-12-89; Ord. No. 1990-827, ~ 1,4-9-90; Ord. No. 1990-844, ~ 1, 10-8-90; Ord. No.
1993-945, ~ 4, 12-13-93; Ord. No. 1996-1048, ~ 9, 10-14-96; Ord. No. 1997-1100, ~ 1, 11-10-97)
Sec. 26.11. Residential.One A District (R.IA).
(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) Permitted Principal Uses: No building or land shall be used and no building shall be hereafter
erected, converted or structurally altered unless otherwise provided herein except for one (1) or more of
the following uses:
(1) Same uses as permitted in R-l district.
(C) Permitted Accessory Uses and Accessory Buildings:
(1) Same uses as pennitted in R-l district.
(D) Conditional Uses: The following uses shall be pennitted only upon approval of the Wheat Ridge
Planning Commission, following procedures as set forth in section 26-6(A):
(1) Same uses as pennitted in R-l district.
(E) Special Uses: The following uses shall be pennitted only upon approval of the Wheat Ridge
Planning Commission and city council, following procedures as set forth in section 26-6(B):
(1) Same uses as pennitted in R-l district.
(2) Small day care center, day care center.
(F) Development and Use Regulations-Residential-One A District (R-IA):
Maximum
Height
Maximum
Building
Coverage(h)
Minimum
Lot
Width(j)
Minimum
Front
Yard
Setback
Minimum
Side Yard
Setback(tJJ
Minimum
Rear Yard
Setback(b)
Minimum
Lot
Area(/)
35'
35'
20'
201(g)
9,000 sf
9,000 sf
9,000 sf
9,000 sf .
301((:)
30,0((:)
301((:)
30'
10'
10'
5'
51(0)
5,ed}
5<d)
5'
5'(0)
30%
30%
1,000 sf
400 sf
75'
75'
75'
75'
One-family dwelling
Group home
Demchedguageorca~orl
Private storage shed
Churches, schools, government
and quasi-government build~
ings, golf courses 35' 30% 1 acre 200' 30;(i) 15,(i), <0
All other uses 35' 30% 9,000 sf 75' 30<" 5<d'
(a) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures.
(b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures.
(c) Front setbacks for structures on lots or portions ofiots which abut cul-de.sacs may be reduced to ten (10) feet for those portions
of lots which abut a cul-de-aac bulb. (See Figure 26-5.3.)
(d) 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) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet from prope;rty lines anq.
at least thirty (30) feet from a residence on an adjacent parcel.
(0 Fifteen.foot setback for the first story and five (5) feet for each additional story.
20'
10'
Supp. No. 20
1710
.
.
.
.
.
.
e
.
e
.
ZONING AND DEVELOPMENT
S 26-11
(g) Poultry houses and pigeon coops are limited to a maximum height of twelve (12) feet.
(h) Minimum twenty-five (25) percent landscaping required on site. (See section 26-32.)
(i) Minimum ten (10) feet oflandscaping is required within the front and side yard setbacks adjacent to public streets. (See section
26-32.)
Supp. No. 18
1710.1
e
.
--
ZONING AND DEVELOPMENT
* 26-12
(.1) 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,
(Ord. No. 1989-796, !i 2, 6-12-89; Ord. No. 1990-827, !i1, 4-9-90; Ord. No. 1993.945, !i 4, 12-13-93)
Sec. 26.12. Residential-One B District (R-lB).
(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 incompat-
ible with the low-density residential character.
(B) Permitted Principal Uses: No building or land shall be used and no building shall be hereafter
erected, converted or structurally altered unless otherwise provided herein except for one (1) or more of
the following uses:
(1) Same uses as permitted in R-1 and R-1A districts.
(C) Permitted Accessory Uses and Accessory Buildings:
(1) Same uses as permitted in R-1 and R-1A districts.
(D) Conditional Uses: The following uses shall be permitted only upon approval of the Wheat Ridge
Planning Commission, following procedures as set forth in section 26-6(A):
(1) Same uses as permitted in R-1 and R-1A districts_
(E) Special Uses: The following uses shall be permitted only upon approval of the Wheat Ridge Plan-
ning Commission and City Council, following procedures as set forth in section 26-6(B):
(1) Same uses as permitted in R-1 and R-lA districts.
(2) Small day care center, day care center.
(F) Development and Use Regulations-Residential-One B District (R-lB):
Maximum
Height
Maximum
Building
Cover-
age(h)
Minimum
Front
Yard
Setback
Minimum
Side Yard
Setba!:k(aJ
Minimum
Rear Yard
Setback(b)
Minimum
Lot
Area
Minimum
Lot
Width(j'
35'
35'
20'
20,(gJ
40%
40%
600 sf
400 sf
7,500 sf
7,500 sf
7,500 sf
7,500 sf
60'
60'
60'
60'
30,(el
30,le}
30'(C)
30'
5'(13.1
5,(dl
5'
5'((!)
10'
10'
5'
site)
One. family dwelling
Group home
Detached garage or carport
Private storage shed
Churches, schools, government
and quasi.government build-
ings, golf courses 35' 40% 1 acre 200' 30,(il 15,(il, to
All other us.s 35' 40% 9,000 sf 60' 30')0' 5')"
(a) Any side yard which abuts a public street shall have a minimum setback of thirty (80) feet for all structures.
(b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures.
tc) Front setbacks for structures on lots or portions oflots 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 26-5.8.)
(d) 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) 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.
{O Fifteen-foot setback for the first story and five (5) feet for each additional story.
. (g) Poultry houses and pigeon coops are limited. to a maximum height of twelve (12) feet.
(h) Minimum twenty-five (25) percent landscaping required on site. (See section 26.32.)
(i) Minimum ten (10) feet of landscaping is required within the front and side yard setbacks adjacent to public streets. (See section
26.32.)
(j) Corner lots shall have a minimum lot width of eighty (SO) feet for both street frontages.
(Ord. No. 1989-796, ~ 3, 6-12-89; Ord. No. 1990-827, !i1, 4-9-90; Ord. No. 1993-945, ~ 4, 12-13-93)
20'
10'
Supp, No. 12
1711
~ 26-13
WHEAT RIDGE CITY CODE
Sec. 26.13. Residential.One C District. (R.IC).
(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) Permitted Principal Uses: No building or land shall be used and no building shall be hereafter
erected, converted or structurally altered unless otherwise provided herein except for one (1) or more of
the following uses:
(1) Same uses as permitted in R-l, R-1A and R.lE districts.
(C) Permitted Accessory Uses and Accessory Buildings:
(1) Same uses as permitted in R-l, R.IA and R.IB districts.
(D) Conditional Uses: The following uses shall be permitted only upon approval of the Wheat Ridge
Planning Cnmmission, following prncedures as set forth in section 26.6(A):
(1) Same uses as permitted in R-I, R-IA and R-IB districts.
(E) Special Uses: The following uses shall be permitted only upon approval of the Wheat Ridge Plan-
ning Commission and city council, following procedures as set forth in section 26-6(B):
(1) Same uses as permitted in R.1, R-lA and R-1B districts.
(2) Small day care center, day care center.
(F) Development and Use Regulations-,-Residential-One C District (R-lC):
Maximum
Height
Ma:cimum
Building
Couer-
age(8)
Minimum
Front
Yard
Setback
Minimum
Rear
Yard
Setbackfb)
Minimum
Lot
Area
Minimum
Lot
Width(i)
Minimum
Side Yard
Setback(aJ, (or)
35'
35'
40%
40%
5,000 sf
5,000 sf
30'(C)
30rrel
5'
5'
10'
10'
50'
50'
One.family dwelling
Group home
Detached and attached garage or
carport
Private storage shed
Churches, schools, government
and quasi-government build-
ings, golf courses 35' 40% 1 acre 200' 30'Ch) 15tlhl
All other buildings 35' 40% 5,000 sf 50' 30'(" 5'
(a) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures.
(b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30l feet for all structures.
(c) Front setbacks for structures on lots or portions oflots which abut cul-de.sacs may be reduced to ten (10) feet for those portions
of lots which ahut a cul.de.sac bulb. (See Figure 26-5.3.)
(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.
(e) Minimum setback for the fIrst story and fIve (5) feet for each additional story.
(f) Poultry houses and pigeon coops are limited to a maximum height of twelve (12) feet.
(g) Minimum twenty-five (25) percent landscaping required on site. (See section 26.32.)
(h) Minimum ten (10) feet of landscaping is required within the front and side yard setbacks adjacent to public streets. (See section
26.32.)
(i) Comer lots shall have a minimum lot width of sixty (60) feet for both street frontages.
(Ord. No, 1989-796, ~ 4, 6-12-89; Ord. No. 1990-827, ~ 1,4-9-90; Ord. No. 1992-899, ~ 1,6-22-92; Ord. No.
1993-945, ~ 4, 12-13.93)
20'
20,((1
600 sf
400 sf
5,000 sf
5,000 sf
50'
50'
30,(e)
30'
5'
5'ld)
10'
5,(d)
20'
10'
Sec. 26.14. 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 incom-
patible with the residential character.
Supp. No. 12
1712
e
-
-
.
.
.
.
.
ZONING AND DEVELOPMENT
* 26-15
(B) Permitted Principal Uses: No building or land shall be used and no building shall be hereafter
erected, converted or structurally altered unless otherwise provided herein except for one (1) or more of
the following uses:
(1) Same uses as permitted in R-1, R-1A, R-1B and R-1C districts.
(2) Two-family dwellings.
(C) Permitted Accessory Uses and Accessory Buildings:
(1) Same uses as permitted in R-1, R-lA, R-1B and R-1C districts.
(D) Conditional Uses: The following uses shall be permitted only upon approval of the Wheat Ridge
Planning Commission, following procedures as set forth in section 26-6(A):
(1) Same uses as permitted in R-1, R-lA, R-lB and R-lC districts.
(E) Special Uses: The following uses shall be permitted only upon approval of the Wheat Ridge
Planning Commission and city council, following procedures as set forth in section 26-6(B):
(1) Same uses as permitted in R-1, R-lA, R-1B and R-1C districts.
(2) Small day care center, day care center.
(F) Development and Use Rilgulations-Residential-Two DistrU:t (R-2):
One-family dwelling
Two-family dwelling
Group home
Detached garage or carport
Maximum
Height
35'
35'
35'
20'
Maximum
Building
Coverage(h)
Minimum
Minimum Minimum Front Minimum Minimum
Lot Lot Yard Side Yard Rear Yard
Area Width Setback Setback(~ Setback(b)
9,000 sf 75"" 30-<c) 5-<d) 10'
12,500 sf 100' 30t(e) 5,(d) 10'
9,000 sf 75' 30<cl 51(d) 10'
9,000 sf 75' 30t(c) 5' 5'
40%
40%
40%
1,000 sf
per unit
400 sf
40%
9,000 sf
1 acre
75'
200'
30'
30'(;)
51(e)
151(i).(f)
5t(e)
20'
2U'<g)
35'
Private storage shed
Churches, schools, government
and quasi-government build-
ings, golf courses
All other uses 35' 40% 9,000 sf 75tQ) 30r(c) 5,(d)
(a) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures.
(b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures.
(c) Front setbacks for structures on lots or portions oflots 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 26-5.3.)
(d) 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) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet.
(f) Fifteen-foot setback for the first story and five (5) feet for each additional story.
(g) Poultry houses and pigeon coops are limited to a maximum height of twelve (12) feet.
(h) Minimum twenty-five (25) percent landscaping required on site. (See section 26-32.)
(i) Minimum ten (10) foot of landscaping is required within the front and side yard setbacks adjacent to public streets. (See section
26-32.)
(j) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages.
(Ord. No. 1989-796, ~ 5, 6-12-89; Ord. No. 1990-827, ~ 1, 4-9-90; Ord. No. 1992-899, ~ 2, 6-22-92; Ord. No.
1993-945, ~ 4, 12-13-93)
10'
Sec. 26-15. 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 incompat-
ible with the medium-density residential character.
Supp. No. 20
1713
~ 26-15
WHEAT RIDGE CITY CODE
(B) Pennitted Principal Uses: No building or land shall be used and no building shall be hereafter
erected, converted or structurally altered unless otherwise provided herein except for one (1) or more of
the following uses:
(1) Same uses as permitted in R-l, R-IA, R-IB, R-IC and R-2 districts.
(2) Three-family dwelling.
(3) Four-family dwelling.
(C) Pennitted Accessory Uses and Accessory Buildings:
(1) Same uses as permitted in R-l, R-lA, R-IB, R-IC and R-2 districts.
(D) Conditional Uses: The following uses shall be permitted only upon approval of the Wheat Ridge
Planning Commission, following procedures as set forth in section 26-6(A):
(1) Same uses as permitted in R-l, R-lA, R-IB, R-IC and R-2 districts.
(E) Special Uses: The following uses shall be permitted only upon approval of the Wheat Ridge
Planning Commission and city council, following procedures as set forth in section 26-6(B):
(1) . Same uses as permitted in R-l, R-IA, R-lE, R-IC and R-2 districts.
(2) Small day care center, day care center.
(F) Development and Use Regulations-Residential-Two A District (R-2A):
One-family dwelling
Two-family dwelling
Multifamily (3/more dwelling
units)
Group home
Detached garage or carport
Maximum Minimum Minimum
Maximum Building Lot Lot
Height Coverage'" Area Width
35' 40% 7,500 sf 60"'"
35' 40% 9,000 sf 75"'"
35' 40% 13,050(d) sf 100'
9,000 sf
9,000 sf
75'
75'
35'
20'
40%
600 af
(per unit)
400 sf!
4 ciu.
40%
1 acre
200'
Private storage shed
20''''
9,000 sf
75'
35'
Supp. No. 20
1714
.
.
Minimum
Front Minimum Minimum .
Yard Side Yard Rear Yard
Setbock Setba<k(a) Setbock")
30-<<:) 5' 10'
301{c) 5' 10'
30' 5' lO<>(j)
30' 5' 10'
30"" 5' 5'
30' so(e) 5<(e)
30-<i)
15I(i).<O
20'
Churches, schools, government
and quasi-government bw1d-
ings, golf courses
All other uses 35' 40% 9,000 sf 75"'" 30' 5' 10'
(a) Side yard setback shall be five (5) feet per story except any side yard which abuts a public street shall have a minimum setback
of thirty (30) feet for all structures.
(b) An.y 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 26-5.3.)
(d) A minimum offour thousand three hundred fifty (4,350) square feet ofland 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.
(I) Fifteen-foot setback for the first story and five (5) feet for each additional story.
(g) Poultry houses and pigeon coops are limited to a maximum height of twelve (12) feet.
(h) Minimum twenty-five (25) percent landscaping required on site. (See section 26-32.)
(i) Minimum ten (10) feet oflandscaping is required within the front and side yard setbacks adjacent to public streets. (See section
26-32.)
(j) Rear yards for building :which exceed two (2) stores shall be increased five (5) feet for each additional story over two (2) stories.
(k) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages.
(!) Reaerved.
.
.
.
.
.
ZONING AND DEVELOPMENT
~.26-16
(m) The requirements of section 26-7(D)(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 recona.truction 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 pre-existing structure takes place or (2) reconstruction of structures which were Dot legally in existence (as
distinguished from legal nonconforming structures).
(Ord. No. 1989-796,!i 6, 6-12-89; Ord. No. 1990-827, !i 1,4-9-90; Ord. No. 1992-899,!i 3, 6-22-92; Ord. No.
1993-945, !i 4, 12-13-93; Ord. No. 1997-1089, !i!i 2, 3,9-8-97) .
Sec. 26-16. 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) Permitted Principal Uses: No building or land shall be used and no building shall be hereafter
erected, converted or structurally altered unless otherwise provided herein except for one (1) or more of
the following uses:
(1) Same uses as permitted in R-1, R-lA, R-1B, R-1C, R-2 and R-2A districts.
(2) Multifamily dwelling.
(C) Permitted Accessory Uses and Accessory Buildings:
(1) Same uses as pennitted in R-1, R-lA, R-1B, R-1C, R-2 and R-2A districts.
(D) Conditional Uses: .The following uses shall be pennitted only upon approval of the Wheat Ridge
Planning Commission, following procedures as set forth in section 26-6(A):
(1) Same uses as pennitted in R-1, R-lA, R-1B, R-1C, R-2 and R-2A districts.
(E) Special Uses: The following uses shall be permitted only upon approval of the Wheat Ridge
Planning Commission and city council, following procedures as set forth in section 26-6(B):
(1) Same uses as pennitted in R-1, R-IA, R-1B, R-1C, R-2 and R-2A districts.
(2) Small day care center. (See section 26-5, Definitions.)
(3) Nursing home, home for the elderly or congregate care facility.
(4) Day care center.
(F) Development and Use Regulations-Residential.Three District (R-3):
Minimum
Maximum Minimum Minimum Front Minimum Minimum
Maximum Building Lot Lot Yard Side Yard Rear,Yard
Height Couerage(sJ Area Width Setbock Setback(aa) Setback(b)
One-family dwelling 35' 40% 7,500 sf 60r(i) 30-<'c) 5' 10'
Two-family dwelling 35' 40% 9,000 sf 75'(i) 301(c) 5' 10'
. Multifamily (3 or more dwelling 35' 40% 12,500<" sf 100' 30' 151{e'> 101{o.)
units)
Group home 35' 40% 9,000 sf 75' 301{e) 5' 10'
Detached garage or carport 20' 600 sf 9,000 sf 75' 30-(c) 5' 5'
per unit
. Private storage shed 20-<0 400 sf! 9,000 sf 75' 30' 5,(e) 5'(8)
4 d.u.
Supp. No. 20 1715
~ 26.16
WHEAT RIDGE CITY CODE
Maximum
Height
Maximum
Building
Coverage(g)
Minimum
Lot
Area
Minimum
Lot
Width
Minimum
Front
Yard
Setback
Minimum
Side Yard
Setback'oaJ
Minimum
Rear Yard
Setback(b)
Churches, schools, government 35' 40% 1 acre 200' 30'(hl 15,(a>, (hl 20'
and quasi-government build-
ings, golf courses, small day
care center, and nursing. eld-
erly and congregate care
homes
All other uses 35' 40% 7,500 sf 60'(1) 30"" 5' 10'
(a) Side and rear yard setback shall be fifteen (15) feet for the first two (2) stories and an additional five (5) feet for each additional
story over two (2) stories.
(aa) Any side yard which abuta a public street shall have a minimum setback of thirty (30) feet for all structure$.
(b) Any rear yard which abuta 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.,.sac,s may be reduced to
ten (10) feet for those portions oflota which abut a cul-de.sac bulb. (See Figure 26-5.3.)
(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.
(I) Poultry houses and pigeon coops are limited to a maximum height of twelve (12) feet.
(g) Minimum twenty-five (25) percent landscaping required on site. (See section 26-32.)
(h) Minimum ten (10) feet of landscaping is required within the front and side yard setbacks adjacent to public streets. (See section
26-32.)
(I) Corner lata shall have a minimum lot width of eighty (SO) feet for hoth street frontages.
(j) The requirements of section 26-7(D)(2) shall not apply to require compliance with minimum lot area and/or minimum land area
per unit requirements otherwise applicable to the re<:onstruction of multifamily dwelling units in the R-3 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) BUch reconstruction is restricted to
replacement of the structure which has been destroyed. This exemption shall Dot apply to: (1) new construction where no
replacement of a pre-existing structure takes place or (2) reconstruction of structures which were not legally in existence (as
distinguished from legal nonconforming structures).
(Ord. No. 1989-796, ~ 7,6-12-89; Ord. No. 1990-827, ~ 1,4-9-90; Ord. No. 1992-899, ~ 4, 6-22-92; Ord. No.
1993-945, ~ 5, 12-13-93; Ord. No. 1997-1090, ~~ 2, 3, 9-8-97; Ord. No. 1997-1090, ~~ 2, 3, 9-8-97)
Sec. 26.17. 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 incompat-
ible with the medium-density residential character.
(B) Permitted Principal Uses: No building or land shall be used and no building shall be hereafter
erected, converted or structurally altered unless otherwise provided herein except for one (1) or more of
the following uses:
(1) Same uses as permitted in R-1, R-1A, R-1B, R-1C, R-2, R-2A and R-3 districts.
(C) Permitted Accessory Uses and Accessory Buildings:
(1) Same uses as permitted in R-1, R-1A, R-lE, R-1C, R-2, R-2A and R-3 districts.
(D) Conditional Uses: The following uses shall be permitted only upon approval of the Wheat Ridge
Planning Commission, following procedures as set forth in section 26-6(A):
(1) Same uses as permitted in R-1, R-1A, R-1B, R-1C, R-2, R-2A and R-3 districts.
Supp. No. 20
1716
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ZONING AND DEVELOPMENT
~ 26-18
(E) Special Uses: The followmg uses shall be permitted only upon approval of the Wheat Ridge
Planning Commission and city council, following procedures as set forth in section 26-6(B):
(1) Same uses as permitted in R-1, R-lA, R-1B, R-1C, R-2, R-2A and R-3 districts.
(2) Day care center.
(F) Development and Use Regulations-Residential-Three A District (R-3A!:
One-family dwelling
Two-family dwelling
Multifamily (3+ dwelling units)
Group home
Detached garage or carport
Maximum
Height
35'
35'
35'
35'
20'
Maximum
Building
Coverage(g)
Minimum
Minimum Minimum Front Minimum Minimum
Lot Lot Yard Side Yard Rear Yard
Area Width Setback Setback'aa) Setb;"k(b)
7,500 sf 60i(i) 30,0(<:) 5' 10'
9,000 sf 75'(1) 30-<c) 5' 10'
12,500'd) sf 100' 30' 15t(!I.) lOI{Q)
9,000 sf 75' 30"'" 5' ID'
9,000 sf 75' 30i(c) 5' 5'
9,000 sf 75' 30' 5"e) 51(e)
Private storage shed
20'{f)
40%
40%
40%
40%
600 sf
per unit
400 sf!
4d.u.
40%
1 acre
200'
30"'"
15t(a).(h)
20'
35'
Churches, schools, government
and quasi-government build-
ings, golf courses, small day
care center and nursing, eld-
erly and congregate care home
All other uses 35' 40% 9,000 sf 60"" 30"0' 15"" 10'
(aj Side and rear yard setback shall be ten (10) feet for the first two (2) stories and an edditional five (5) feet for each additional
story over two (2) stories.
(aa) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures.
(b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures.
(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 26-5.3.)
(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) Poultry houses and pigeon coops are limited to a maximum height of twelve (12) feet.
(g) Minimum twenty-five (25) percent landscaping required on site. (See section 26-32.)
(h) Minimum ten (10) feet of landscaping is required within the front and side yard setbacks adjacent to public streets. (See section
26-32.)
(j) Comer lots shall have a minimum lot width of eighty (80) feet for both street frontages.
(j) The requiremen~ of section 26-7(D)(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-3A 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 pre-existing structure takes place or (2) reconstruction of structures which were not legally in existence (as
distinguished from legal nonconforming structures).
(Ord. No. 1989-796, ~ 8, 6-12-89; Ord. No. 1990-827, ~ 1, 4-9-90; Ord. No. 1992-899, ~ 5, 6-22-92; Ord. No.
1993-945, ~ 5, 12-13-93; Ord. No. 1997-1091, ~~ 2, 3, 9-8-97)
Sec. 26-18. Agricultural-One District (A-I).
(A) Intent and Purpose: This district is established to provide a high quality, safe, quiet and stable
residential estate living environment within a quasi-rural or agricultural setting. In addition to large lot,
single-family residential and related uses, agricultural uses and activities will exist and be encouraged
to continue.
Supp. No. 20
1717
~ 26-18
WHEAT RIDGE CITY CODE
(B) Permitted Principal Uses: No building or land shall be used and no building shall be hereafter
erected, converted or structurally altered unless otherwise provided herein except for one (1) or more of
the following uses:
(1) One-family dwelling.
(2) Parks, noncommercial playgrounds or other public recreation use.
(3) General fanning and the raising or keeping of stock, bee keeping, poultry or small animals such
as rabbits or chinchillas. The raising or keeping of swine is prohibited.
(4) Fish hatcheries.
(5) Roadside stands for operation during not more than six (6) months in each year for the sale of
farm products produced or made on the premises, provided such stands are located not less than
thirty (30) feet distance from any street, highway or right-of-way line, and provided that
temporary off-street parking is provided.
(6) Residential group homes for eight (8) or fewer developmentally disabled persons, mentally ill
persons or for elderly persons. (See section 26-30(P) and section 26-5, Definitions.)
(C) Permitted Accessory Uses and Accessory Buildings:
(1) Detached private garage or carport.
(2) Private storage sheds, barns, animal shelters or outbuildings.
(3) Private swimming pools and tennis courts. (See section 26-30(1) for related requirements.)
(4) Household pets, limited to no more than three (3) dogs and/or four (4) cats, plus their unweaned
offspring.
(5) Rooming and/or boarding of not more than two (2) persons on a contract basis of not less than
seven (7) days.
(6) Class I home occupations which meet the defmition and standards set forth in section 26.30(Q)
and section 26-5, Definitions.
(7) Electric transmission or other public utility lines and poles, irrigation channels, stonn drainage
facilities, and water supply facilities, and other similar facilities.
(8) Public and private communication towers, television or radio antennas, or any other similar
communications receiving or sending device which does not exceed thirty-five (35) feet in height,
whether ground-mounted or mounted upon a building or other structure. For satellite earth
receiving stations, see section 26-30(J)_
(9) Water towers or aboveground reservoirs not in excess of thirty-five (35) feet in height.
(10) Parking of equipment, implements, machinery and/or large trucks, trailers and or semitractor
trailers which are used in support of agricultural operations occurring on the premises.
"Agricultural operation" means a purpose related to the production, harvest, exhibition, market-
ing, transportation, processing or manufacture of agricultural products by a natural person who
cultivates, plants, propagates or nurtures the agricultural products.
(11) Other similar uses or structures as approved by the zoning administrator or board of adjustment
and when in confonnance with standards and requirements set forth for similar uses.
(D) Conditional Uses: The following uses shall be permitted only upon approval of the Wheat Ridge
Planning Commission, following procedures as set forth in section 26-6(A):
(1) Public, private and parochial educational institutions which provide instruction for grades
kindergarten through grade 12, and public, private or parochial colleges and universities.
Supp. No. 20
1718
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ZONING AND DEVELOPMENT
~ 26-18
(2) Public or private golf courses or private country club or other private club operated for benefit of
members only and not for gain (but not including a private club which provides a service
customarily carried on as a business).
(3) Government or quasi-governmental buildings and offices, fire stations or public utility buildings
where outside storage, or repair facilities are not planned.
(4) Electric transmission substations.
(5) Riding academies and public stables.
(6) Wind-powered electric generators not in excess of thirty-five (35) feet.
(7) Churches, parish houses.
(E) Special Uses: The following uses shall be permitted only upon approval of the Wheat Ridge
Planning Commission and city council, following procedures as set forth in section 26-6(B):
(1) Bed and breakfast rooms accessory to a single-family dwelling primary use, subject to reqinre-
ments and standards set forth in section 26-30(M) and section 26-5, Definitions.)
(2) Large day care home. (See section 26-5, Definitions.)
(3) Governmental buildings, fire stations and public utility buildings, where outside storage or
repair facilities are planned.
(4) Race tracks, fair grounds, amusement resorts, heliports, radio towers and radio stations:
(5) Dog kennels, catteries, veterinary hospitals.
(6) Cemeteries and crematories, but not including funeral homes.
Supp. No. 20
1718.1
ZONING AND DEVELOPMENT
S 26-19
.
(7) Greenhouses and landscape nurseries, including both wholesale and retail sales of related
products; provided, however, that bulk storage or piles of materials, such as manure, peat, top
soil, rock, sand, firewood or similar materials, are screened from view from adjacent properties
by a view-obscuring fence, six (6) feet in height. Bulk storage or piles of such materials shall not
be pennitted within a front yard setback and shall be no closer than twenty-five (25) feet to a side~
or rear lot line.
Greenhouses and landscape nurseries shall be considered as a business use and shall be required
to meet off-street parking requirements for customers and employees as determined by the
planning commission and city council when reviewing the required site plan based upon the size
and intensity of use.
(8) Residential group homes for nine (9) or more developmentally disabled persons or elderly
persons. (See section 26-30(P) and section 26.5, Definitions.)
(9) Residential group home for children. (See section 26-30(P) and section 26-5, Definitions.)
(10) Class II home occupations which meet the definition and standards set forth in section
26-30(Q)(2) and section 26.5, Definitions.)
(11) Small day care center, day care center.
(F) Development and Use Regulations-Agricultural-One pistrict(A-l):
.
Minimum
Maximum Minimum Minimum Front Minimum Minimum
Maximum Building Lot Lot Yard Side Yard Rear Yard
. Height Couerage Area Width Setback Setback((;I.) Setback(b)
One-family dwelling 35' 25% 1 acre 140' 30i{c) 15' 15'
Group home 35' 25% 1 acre 140' 30i{c) 15' 15'
Detached garage or carport 35' 25% 1 acre 140' 30'(c) 15' 5'
Private storage shed, barns, shel-
ters, etc. 35' 25% 1 acre 140' 30' 15' 5'
Churches, schools, government
and quasi-government build~
ings, golf courses, greenhouses 35' 25% 1 acre 200' 30' 15' 20'
All other uses 35' 25% 1 acre 140' 30' 15' 15'
(a) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures.
(b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures, except where
greater setbacks are specifically required.
(c) Front setbacks for dwelling structures on lots or portions oflots which abut cul-de~sacs_may be reduced to ten (10) feet for those
portions oflots which abut a cul-de~sac bulb. (See Figure 26~5.3.)
(Ord. No. 1989-796, * 9, 6-12-89; Ord. No. 1990-827, * 1, 4-9-90; Ord. No. 1993-945, ~ 4, 12-13-93)
Sec. 26-19. Agricultural-Two Zone District
regulations.
.
(A) Intent and Purpose: This district is .estab-
lished to provide a reasonably compatible transi-
tion between residential and more intensive agri-
cultural land uses. It provides for large-lot,
residential estate living while allowing more com-
mercially oriented, yet still agricultural opera-
tions. Design standards have been included where
possible to provide a reasonable interface be-
.
Supp. No. 18
tween the two extremes. Special use permits are
required where compatibility between adjacent
land uses could be a concern.
(B) Permitted Principal Uses: No building or
land shall be used and no building shall be
hereafter erected, converted or structurally al-
tered unless otherwise provided herein except for
one (1) or more of the following uses:
(1) One-family dwelling.
(2) Parks, noncommercial playgrounds or other
public recreation use.
1719
!i 26-19
WHEAT RIDGE CITY CODE
(3) General farming and the raising or keep-
ing of stock, bee keeping, poultry or small
animals such as rabbits or chinchillas,
including the keeping of swine and/or
potbellied pigs, Sus Scrofa Vittatus, ex-
cept such animals shall not be fed gar-
bage.
(4) Fish hatcheries.
(5) Roadside stands for operation during not
more than six (6) months in each year
from the sale of farm products produced
or made of the premises, provided such
stands are located not less than thirty
(30) feet distance from any street, high-
way or right-of-way line, and provided
that temporary off-street parking is pro-
vided_
(6) Residential group homes for six (6) to
eight (8) elderly persons (See section 26-
30(P) and section 26-5, Definitions.)
(7) Riding academies and public stables, pro-
vided that any structure housing animals
which is adjacent to a residentially zoned
or used property shall be no closer than
twenty-five (25) feet to a side or rear lot
line.
(8) Dog kennels, catteries, veterinary hospi-
tals, provided that outside runs which are
adjacent to residentially zoned or used
property are no closer than twenty-five
(25) feet to a side or rear lot line.
(9) Greenhouses and landscape nurseries, in-
cluding both wholesale and retail sales of
related products; provided, however, that
bulk storage or piles of materials, such as
manure, peat, top soil, rock, sand, fire-
wood or similar materials, are screened
from view from adjacent properties by a
view-obscuring fence six (6) feet in height.
Bulk storage or piles of such materials
shall not be permitted within a front yard
setback and shall be no closer than twenty-
five (25) feet to a side or rear lot line.
(C) Permitted Accessory Uses and Accessory.
Buildings:
(1) Detached private garage or carport.
Supp. No. 18
1720
(2) Private storage sheds, barns, animal shel-
ters or outbuildings.
(3) Private swimming pools and tennis courts.
(See section 26-30(1) for related require-
ments.)
(4) Household pets, limited to no more than
three (3) dogs and/or four (4) cats, plus
their unweaned offspring.
(5) Rooming and/or boarding of not more than
two (2) persons on a contract basis of not
less than seven (7) days.
(6) Class I home occupations which meet the
defmition and standards set forth in sec-
tion 26-30(Q) and section 26-5.
(7) Electric transmission or other public util-
ity lines and poles, irrigation channels,
storm drainage facilities, and water sup-
ply facilities, and other similar facilities.
(8) Public and private communications tow-
ers, television or radio antennas, or any
other similar communication receiving or
sending device which does not exceed thir-
ty-five (35) feet in height, whether ground-
mounted or mounted upon a building or
other structure. For satellite earth receiv-
ing stations, see section 26-30(J).
(9) Water towers or aboveground reservoirs
not in excess of thirty-five (35) feet in
height.
(10) Parking of equipment, implements, ma-
chinery and/or large trucks, trailers and/or
semitractor trailers which are used in
support of agricultural operations occur-
ring on the premises. "Agricultural oper-
ation" means a purpose related to the
production, harvest, exhibition, market-
ing, transportation, processing or manu-
facture of agricultural products by a nat-
ural person who cultivates, plants,
propagates or nurtures the agricultural
products.
(11) Other similar uses or structures as ap-
proved by the zoning administrator or
board of adjustment and when in conform-
ance with standards and requirements
set forth for similar uses.
.
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ZONING AND DEVELOPMENT
~ 26-19
(D) Conditional Uses: The following uses shall
be permitted only upon approval of the planning
commission, following procedures as set forth in
section 26-6(A):
(1) Public, private and parochial educational
institutions which provide instruction for
grades kindergarten through grade 12,
and public, private or parochial colleges
and universities.
(2) Public or private golf courses or private
country club or other private club oper-
ated for benefit of members only and not
for gain (but not including a private club
which provides a service customarily car-
ried on as a business).
(3) Government or quasi-governmental build-
ings and offices, fire stations or public
utility buildings where outside storage, or
. repair facilities are not planned.
(4) Electric transmission substations.
(5) Wind-powered electric generators not in
excess of thirty-five (35) feet.
(6) Churches, parish houses.
(E) Special Uses: The following uses shall be
permitted only upon approval of the planning
commission and city council, following procedures
as set forth in section 26-6(B):
(1) Bed and breakfast rooms accessory to a
single-family dwelling primary use, sub-
ject to requirements and standards' set-
forth in section 26-30(M) and section 26-5.
(2) Large day care home. (See section 26-5.)
(3) Governmental buildings, fire stations and
public utility buildings, where outside stor-
age or repair facilities are planned.
(4) Race tracks, fair grounds, amusement re-
sorts, heliports, radio towers and radio
stations.
(5) Cemeteries and crematories, but not in-
cluding funeral homes.
(6) Residential group homes for nine (9) or
more developmentally disabled persons or
elderly persons. (See section 26-30(P) and
section 26-5.)
(7) Residential group homes for children. (See
section 26-30(P) and section 26-5_)
(8) Class II home occupations which meet the
definition and standards set forth in sec-
tion 26-30(Q)(2) and section 26.5.)
(9) Small day care center, day care center.
(F) Development and Use Regulations-Agricultural-Two District (A-2):
One-family dwelling
Group home
Detached garage or carport
Private storage shed, barns, shel-
ters, etc.
Churches, schools, government
and quasi-government golf
courses, greenhouses 35 25 1 acre 200 30 15
All other uses 35 25 1 acre 140 30 15
(a) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures.
(b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures, except where
greater setbacks are specifically required.
Maximum
Height
(feet)
35
35
35
Maximum
Building
Coverage
(%)
25
25
25
35
25
Supp. No. 22
Minimum
Lot
Area
Minimum
Lot
Width
(feet)
140
140
140
Minimum
Front
Yard
Setback
(feet)
Minimum(a)
Side Yard
Setback
(feet)
15
15
15
Minimum(b)
Rear Yard
Setback
(feet!
15
15
5
1 acre
1 acre
1 acre
30(1.')
30((,')
30<eI
1 acre
140
301d)
5
15
20
15
1721
~ 26-19
WHEAT RIDGE CODE
(c) Front setbacks for dwelling structures on lots or portions oflats 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 26-5.3.)
(d) Accessory buildings housing livestock (including poultry, kennels and rabbits) shall be set back one hundred (100) feet from the
front property line. All other accessory buildings not listed shall have a minimum front setback of seventy-five (75) feet.
(Ord. No. 1991-878, ~ 1, 10-18-91; Ord. No. 1993-945, ~ 4, 12-13-93; Ord. No. 1996-1048, ~ 10, 10-14-96)
Sec. 26.20. Restricted Commercial.One Dis.
trict (RC.l).
(A) Intent and Purpose: This district is estab-
lished to provide for a reasonably compatible
transition between residential and more inten-
sive commercial land uses. It provides for residen-
tial scale, neighborhood-oriented professional of-
fices and services which, by their nature and
through design limitation, will promote neighbor-
hood stability and protect neighborhood values
and character. The district also provides limited
neighborhood-oriented retail uses by special use
approval.
(B) Permitted Principal Uses: No building or
land shall be used and no building shall be
hereafter erected, converted or structurally al-
tered unless otherwise provided herein except for
one (1) or more of the following uses:
(1) Art galleries or studios.
(2) Banks, loan and finance offices.
(3) Clinics and offices for the counseling and
treatment of psychological, social, mari-
tal, developmental or similar conditions,
including counseling and treatment for
substance abuse and alcoholism; however,
not including residential facilities or res-
idential treatment.
(4) Community buildings, YM.C.A's, Y.W.C.A's,
churches, libraries, parks, museums,
aquariums and art galleries.
(5) Golf courses (but not including miniature
golf or putting ranges, driving ranges,
private clubs or restaurants) and those
uses commonly accepted as accessory
thereto when located on the same prem-
ises.
(6) Government or quasi-governmental build-
ings and offices or public utility building
where outside storage, operations or re-
pair facilities are not planned.
Supp. No. 22
(7) Homes for the aged, nursing homes and
congregate care homes.
(8) Medical and dental offices, clinics or lab-
oratories.
(9) Offices, general administrative, business
and professional.
(10) Parking of automobiles of clients, pa-
tients, patrons or customers of the . occu-
pants of adjacent commercial districts.
(11) Schools; public, parochial and private (in-
cluding private, vocational trade or pro-
fessional schools), colleges, universities,
preschools and day nurseries (including
those uses commonly accepted as neces-
sary thereto when located on the same
premises).
(12) Service establishments as listed below:
(a) Hair, nail and cosmetic services.
(b) Interior decorating shop where goods,
except samples, are not stored upon
the premises.
(c) Pickup stations for laundry and dry
cleaning.
(d) Shoe repair.
(e) Studio for professional work or teach-
ing of fine arts, photography, music,
drama or dance.
(f) Tailoring, dressmaking or clothing
alteration shop.
(g) Watch and jewelry repair.
(13) Residential group homes for six (6) 'to
eight (8) elderly persons. (See section 26-
30(P) and section 26-5, Definitions.)
(14) Any similar use which, in the opinion of
the zoning admmistrator or, upon appeal
of his decision, of the board of adjustment,
would be compatible in character and
impact with other uses in the district,
would be consistent with the intent of this
1722
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ZONING AND DEVELOPMENT
S 26-20
district, and which would not be objectionable
to nearby property by reason of odor, dust,
fumes, gas, noise, radiation, heat, glare, vibra-
tion, traffic generation, parking needs, outdoor
storage or use, or is not hazardous to the health
and safety of surrounding areas through dan-
ger of fire or explosion.
(15) Residential uses as follows:
a. Residential uses in existence on
March 11, 1997, shall be allowed to
continue to exist as permitted uses.
Such residential uses may be ex-
tended, enlarged, and/or recon-
structed so long as no additional
dwelling units are created, except as
provided in subsection (C)(3) below.
b. Commercial uses listed as permitted
err accessory uses within this zone
district, shall be permitted to occupy
residential structures in existence
on March 11, 1997, provided that
commercial development and use
standards for parking, landscaping
and residential buffering are met
and that building and fire codes are
met. The zoning administrator is au-
thorized to impose additional design
and use standards, in order to pro-
tect adjacent residential uses lo-
cated within residentiaI or agricul-
tural districts, from potential negative
affects or characteristics of the pro-
posed commercial use of existing res-
idential structures.
c. New residences, except forreconstruc-
tion of existing residences shall be
permitted only as accessory uses as
provided under subsection (C)(3) be-
low.
(C) Permitted Accessory Uses and Accessory
Buildings:
(1) Food services primarily for the occupants
of a building containing a permitted use,
when located within the same building.
(2) Electric transmission or other public util-
ity lines and poles, irrigation channels,
storm drainage facilities, and water sup-
ply facilities, and other similar facilities.
Supp. No. 22
(3) Residential uses in commercial zones shall
be allowed under the following conditions:
(a) Residential use shall be located only
on a floor other than the ground
floor, or if located on the ground...
floor, restricted to the rear half of the
building.
(b) Residential dwelling density shall
not exceed one (1) dwelling unit for
each five thousand (5,000) squal"e
feet oflot area.
(c) Residential dwelling units shall be
no less than five hundred (500) square
feet each.
(d) Parking shall be supplied at the rate
of one (1) space per three hundred
(300) square feet of floor area.
(e) Where it is intended to convert an
existing residential structure, either
partially or wholly, to a commercial
use, then commercial development
standards shall be applied for park-
ing' landscaping and residential buff-
ering. Any changes to building floor
area shall fully comply with all com-
mercial development standards.
(f) No new residences as a primary or
principal use shall be allowed.
(4) Phannacies and optical stores incidental
to a medical or dental office within the
same building.
(5) Other similar uses or structures as ap-
proved by the zoning administraterr or
board of adjustment and when in conform-
ance with standards and requirements
set forth for similar uses.
(D) Conditional Uses: The following uses shalL
be permitted only upon approval of the Wheat
Ridge Planning Commission and city council,
following procedures as set forth in section 26-
6(A):
(1) Electric transmission substations.
1723
~ 26-20
WHEAT RIDGE CODE
(E) Special UseS: The following uses shall be
permitted only upon approval of the Wheat Ridge
Planning Commission and city council, following
procedures as set forth in section 26-6(B):
(1) Blueprinting, photostatic copying, and
other similar reproduction services; how-
ever, not including large printing, publish-
ing and/or book binding establishments.
Such uses shall be limited to no more thlUl
two thousand (2,000) square feet of build-
ing space devoted to anyone (1) or a
combination of these uses.
(2) Clinics and offices containing residential
facilities for the counseling and treatment
of psychological, social, marital, develop-
mental or similar conditions, including
counseling and treatment for. substance
abuse and alcoholism.
(3) Golf courses, including private clubs, res-
taurants and lounges, and those uses com-
monly accepted as accessory thereto when
located on the same premises.
(4) Governmental buildings, fire stations,
sewer treatment plants and public utility
buildings where outside storage, opera-
tions or repair facilities are planned.
(5) Greenhouses and landscape nurseries, in-
cluding both wholesale and retail sales of
related products; provided however, that
bulk storage or piles of materials, such as
manure, peat, top soil, rock, sand, fire-
wood or similar material, are screened
from view from adjacent properties by a
view-obscuring fence six (6) feet in height.
Bulk storage or piles of such materials
shall not be permitted within a front yard
setback and shall be no closer than twenty-
five (25) feet to a side or rear lot line
which abuts residentially zoned property,
or where zoned Agricultural and there is a
residential structure within fifteen (15)
feet of the common property line.
(6) Laundry and dry cleaning shops.
(7) Locksmith shops.
(8) Mortuaries and crematoriums.
(9) Rooming and boardinghouses.
Supp. No. 22
1724
(10) Small animal veterinary hospitals or clin-
ics where there are no outside pens or
runs.
(11) Stores for retail trade, limited to two
thousand (2,000) square feet or less, for
the amount of building space devoted to
anyone (1) or combinations of the follow-
ing retail use.
(a) Antique stores.
(b) Apparel and accessory stores.
(c) Bakeries, retail.
(d) Bicycle stores.
(e) Book stores, newsstands, stationary
and card stores.
(f) Business machine or computer stores.
(g) Camera and photographic service and
supply.
(h) Candy, nut and confectionery stores. .
(i) Dairy products stores.
(j) Delicatessens.
(k) Floral stores.
(1) Garden supplies stores.
(m) Gift, novelty or souvenir stores.
(n) Hobby and craft stores.
(0) Jewelry stores.
(p) Music stores.
(q) Notions stores.
(r) Office supply stores.
(s) Optical stores.
(t) Paint and wallpaper stores.
(u) Pet stores.
(v) Picture framing [shops].
(w) Sporting goods stores.
(x) Shoe stores.
(y) Stationery stores.
(z) Television, radio, small appliance re-
pair and service [shops].
(aa) Tobacco stores.
(bb) Toy stores.
(cc) Video rental stores.
.
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.
ZONING AND DEVELOPMENT
~ 26-20
(12) Retail neighborhood grocery/convenience
store, limited to five thousand (5,000)
square feet or less for the amount of
building space devoted to retail use.
(13) Residential group homes for nine (9) or
more developmentally disabled persons or
elderly persons. (See section 26-30(P) and
section 26.5.)
(14) Residential group home for children. (See
section 26-30(P) and section 26.5.)
(15) Any other use not specifically listed in
this district may be permitted as a special
use where the planning commission and
city council find, in addition to the stan-
dard review criteria for all special uses as
set forth in section 26-6(B), that a specific
site is uniquely appropriate for the use
proposed.
(F) Development and Use Regulations:
(1) Maximum height. Thirty-five (35) feet.
(2) Minimum lot area. No limitation, pro-
vided that all other requirements can be
met.
(3) Maximum lot coverage. Ninety (90) per-
cent, with a minimum often (10) percent
of the lot being landscaped.
(4) Minimum lot width: No limitations, pro-
vided that all other requirements can be
met.
(5) Front yard setback: Thirty (30) feet mini-
mum, except for:
(a) Structures on lots or portions oflots
which abut a cul-de-sac bulb, then
the setback may be reduced to twenty
(20) feet.
(b) Structures on lots which abut
Sheridan Boulevard, Wadsworth Bou-
levard, Kipling Street, Ward Road
north of West 44th Avenue, and
Youngfield Street shall be set back a
minimum of fifty (50) feet.
(6) Side yard setback. Based upon the specific
site, adjacent land use and adjacent pub-
lic streets, one (1) or more of the following
requirements shall apply:
(a) Five (5) feet per story minimum,
except a zero setback may be permit-
Supp. No. 22
1725
ted where structures are constructed
of masonry or nonflammable mate-
rial and in accordance with the Uni-
form Building Code.
(b) In all cases, thirty (30) feet where
adjacent to a dedicated public street.
(c) In additional to building setback as
required by subsection (!l) above,
where a side yard abuts property
zoned residential, or where zoned
Agricultural and there is a residen-
tial structure within fifteen (15) feet
of the commercial property, a five-
foot-per-story landscaped buffer, plus
a six-foot-high solid decorative wall
or fence, shall be required between
the building and the property line.
(7) Rear yard setback. Based upon specific
site; adjacent land use and adjacent pub-
lic streets, one (1) or more of the following
shall apply:
(a) Ten (10) feet for a one-story building
and an additional five (5) feet per
each additional story thereafter.
(b) In all cases, any rear yard which
abuts a public street shall have a
minimum setback of fifteen (15) feet
for all structures.
(c) In all cases, any rear yard which
abuts a public alley shall have a
minimum setback for all structures
of five (5) feet from the edge of the
alley.
(d) In addition to building setback as
required by subsection (a) above,
where a rear yard abuts property
zoned residential, or where zoned
Agricultural and there is a residen-
tial structure within fifteen (15) feet
of the commercial property, a five-
foot-per-story landscaped buffer, plus
a six-foot-high solid decorative wall.
or fence, shall be required between
the building and the property line.
(8) Parking requirements. See section 26-31.
(9) Landscape requirements. See section 26-
32.
~ 26-20
WHEAT RIDGE CODE
(10) Fencing requirements. See section 26- (3)
30(1).
(11) Sign requirements. See Wheat Ridge Code
of Laws, Chapter 26, Article Iv.
(Ord. No. 1989-801,_~ 1, 7-24-89; Ord. No. 1990-
827, ~ 1,4-9-90; Ord. No. 1996-1048, ~ 1, 10-14-96;
Ord. No. 1997-1070, ~ 1, 2-24-97; Ord. No. 1998-
1134, ~~ 1, 2, 10-12-98)
Sec. 26-21. Restricted Commercial District (4)
(R-C).
(A) Intent and Purpose: This district is estab-
lished to accommodate various types of office uses
perfonning administrative, professional and per-
sonal services, and to provide for a limited range
of retail uses which are neighborhood oriented. It
is the intent that general retail uses that serve
the community or region, wholesaling, warehous-
ing, industrial, and uses which require outside
storage or display be prohibited, since these uses
are incompatible with other uses in this district.
(B) Permitted Principal Uses: No building or
land shall be used and no building shall be
hereafter erected, converted or structurally al-
tered unless otherwise provided herein except for
one (1) or more of the following uses:
(1) All uses permitted in the Restricted Com-
mercial-One District as "permitted prin-
cipal uses." .
(2) Service establishments as listed below:
(a) Ambulance service.
(b) Equipment rental agencies which rent
or lease any item permitted for sale
in this district, and where all items
for rent or lease are contained within
buildings. Outside storage and dis-
play are prohibited.
(c) Exterminators.
(d) Interior decorating shop.
(e) Locksmith shop.
(f) Shoe repair.
(g) Tailoring, dressmaking, or clothing
alteration shop.
(h) Watch and jewelry repair.
Supp. No. 22
1726
Stores for retail trade as listed below:
(a) Antique store; provided, however, that
no more than two hundred (20200)
square feet of building area shall be
allocated to repair.
(b) Retail grocery/convenience store, lim-
ited to five thousand (5,000) square
feet or less for the amount of build-
ing space devoted to retail use.
Stores for retail trade, limited to two
thousand (2,000) square feet or less for
the amount of building space devoted to
anyone (1) or combinations of the follow-
ing retail space:
(a) Apparel and accessory stores.
(b) Bakeries, retail.
(c) Bicycle stores.
(d) Book stores, newsstands, stationery
and card stores.
Business machine or computer stores.
Camera and photographic service and
supply stores.
(g) Candy, nut and confectionery stores.
(h) Dairy products stores.
(i) Delicatessens.
(j) Floral stores.
(k) Garden supplies stores.
(I) Gift, novelty or souvenir stores.
(m) Hobby and craft stores.
(n) Jewelry stores.
(0) Music stores.
(p)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
(x)
(y)
(e)
(f)
Notions stores.
Office supply stores.
Optical stores.
Paint and wallpaper stores.
Pet stores.
Picture framing [shops].
Shoe stores.
Sporting goods stores.
Stationery stores.
Tobacco stores.
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ZONING AND DEVELOPMENT
S 26-21
(z) Thy stores.
(aa) Television, radio, small appliance re-
pair and service [shops].
(bb) Video rentals.
(5) Small animal veterinary hospitals and
clinics where there are not outside pens or
runs for dogs.
(6) Any similar use which, in the opinion of
the zoning administrator, or upon appeal
of his decision, of the board of adjustment,
would be compatible in character and
impact with other uses in the district,
would be consistent with the intent of this
district, and which would not be objection-
able to nearby property by reason of odor,
dust, fumes, gas, noise, radiation, heat,
glare, vibration, traffic generation, park-
ing needs, outdoor storage or use, or is not
hazardous to the health and safety of
surrounding areas through danger of fire
or explosion.
(C) Permitted Accessory Uses and Accessory
Buildings:
(1) Residential uses in commercial zones shall
be allowed under the following conditions:
(a) Residential use shall be located only
on a floor other than the ground
floor, or if located on the ground
floor, restricted to the rear half of the
building.
(b) Residential dwelling density shall
not exceed one (1) dwelling unit for
each five thousand (5,000) square
feet oflot area.
(c) Residential dwelling units shall be
no less than five hundred (500) square
feet each.
(d) Parking shall be supplied at the rate
of one (1) space per three hundred
(300) square feet of floor area.
(e) Where it is intended to convert an
existing residential structure, either
partially or wholly to a commercial
use, then commercial development
standards shall be applied for park-
Supp. No. 22
1727
ing, landscaping and residential buff-
ering. Any changes to building floor
area shall fully comply with all com-
mercial development standards.
(f) No new residences as a primary 01:..,
principal use shall be allowed.
(2) Food services primarily for the occupants
of a bnilding containing a permitted use,
when located within the same building.
Restaurants for general service to the
public is not permitted as an accessory
use.
(3) Pharmacies and optical stores incidental
to a medical or dental office when located
within the same building.
(4) Electric transmission or other public util-
ity lines and poles, irrigation channels,
storm drainage facilities, and water sup-
ply facilities, and other similar facilities.
(5) Temporary Christmas tree, produce and
bedding plant sales lots are permitted on
undeveloped parcels, or upon developed
parcels, subject to the following require-
ments:
(a) Temporary sales lots shall be permit-
ted for no more than ninety (90)
days.
(b) If located upon a parcel which is
occupied by a primary use, the tem-
porary sales area shall not occupy
required parking spaces or fire lanes,
and shall not be located within the
required sight distance triangle of
the intersection of two (2) streets.
(c) If located upon an undeveloped par-
cel, adequate off-street parking area
for the use must be provided.
(d) Temporary fences, signs, structures
and other improvements associated
with the use shall meet all zoning
and building code requirements.
(e) No such temporary sales lot shall
occupy a parcel without first having
received an administrative tempo-
rary use permit, business license,
~ 26-21
WHEAT RIDGE CODE
sales tax licenses, and building per-
mit(s) as may be required by the
City of Wheat Ridge.
(f) Any similar use which, in the opin-
ion of the zoning administrator, or
upon appeal of his decision, of the
board of adjustment, would be com-
patible in character and impact with
other uses in the district, would be
consistent with the intent of this
district, and which would not be ob-
jectionable to nearby property by rea-
son of odor, dust~ fumes, gas, noise,
radiation, heat, glare, vibration, traf-
fic generation, parking needs, out-
door storage or use, or is not hazard-
ous to the health and safety of
surrounding areas through danger
of fire or explosion.
(5)
related products; provided, however, that
bulk storage or piles of materials, such as
manure, peat, top soil, rock, sand, fire-
wood or similar material, are screened
from view from adjacent properties by a
view obscuring fence six (6) feet in height.
Bulk storage or piles of such materials
shall not be pennitted within a front yard
setback and shall be no closer than twenty-
five (25) feet to a side or rear lot line
which abuts residentially zone property,
or where zoned Agricultural and there is a
residential structure within f'ifteen (15)
feet of the common property line.
Grocery stores, which may include no
more than one (1) gasoline service island
with no more than two (2) dispensing
pumps, limited to five thousand (5,000)
square feet or less for the amount of the
building space devoted to the retail use.
Hardware stores, limited to two thousand
(2,000) square feet or less for the amount
of the building space devoted to the retail
use.
(D) Conditional Uses: The following uses shall
be permitted only upon approval of the Wheat (6)
Ridge Planning Commission and city council,
following procedures as set forth in section 26-
6(A):
(1) Electric transmission substations.
(E) Special Uses: The following uses shall be
pennitted only upon approval of the Wheat Ridge
Planning Commission and city council, following
procedures as set forth in section 26-6(B):
(1) Cliuies and offices containing residential
facilities for the counseling and treatment
of psychological, social, marital, develop-
mental or similar conditions, including
counseling and treatment for substance
abuse and alcoholism.
(2) Golf courses, including private clubs, res-
taurants and lounges, driving ranges, min-
iature golf, and those uses commonly ac-
cepted as accessory thereto~ when located
on the same premises.
(3) Governmental buildings, fire stations,
sewer treatment plants and public utility
buildings where outside storage, opera-
tions or repair facilities are planned.
(4) Greenhouses and landscape nurseries, in-
cluding both wholesale and retail sales of
Supp. No. 22
1728
(7) Laundry and dry cleaning shops.
(8) Meat, poultry or seafood stores, limited to
two thousand (2,000) square feet or less
for the amount of the building space de-
voted to the retail use.
(9) Mortuaries and crematoriums.
(10) Restaurants or cafes, where food and bev-
erages are ordered, served and consumed
at a table or counter on the premises, or
are taken -out to be consumed off of the
premises. Drive-in or drive-up restau-
rants are not pennitted. If approved by
the Wheat Ridge Liquor Authority, beer
and wine only may be permitted only if
served with a meal. The intent is to pro-
hibit a lounge or tavern in conjunction
with. a restaurant, but to allow beer or
wine only to be served with a meal.
(11) Residential group homes for uine (9) or
more developmentally disabled persons or
_ elderly persons. (See section 26-30(P) and
section 26-5.)
.
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.
.
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ZONING AND DEVELOPMENT
~ 26-21
(12) Residential group home for children. (See
section 26-30(P) and section 26-5.)
(13) Rooming and boardinghouses.
(14) Any other use not specifically listed in
this district may be permitted as a special
use where the planning commission and
city council find, in addition to the stan-
dard review criteria for all special uses as
set forth in section 26-6(B), that a specific
site is uniquely appropriate for the use
proposed.
(F) Development and Use Regulations:
(1) Maximum height. Fifty (50) feet.
(2) Minimum lot area. No limitation, pro-
vided that all other requirements can be
met.
(3) Maximum lot coverage. Ninety (90) per-
cent, with a minimum often (10) percent
of the lot being landscaped.
(4) Minimum lot width. No limitations, pro-
vided that all other requirements can be
met.
(5) Front yard setbacks. Fifty (50) feet mini-
mum, except as follows:
(a) Thirty (30) feet for structures on lots
or portions of lots which abut a cul-
de-sac bulb.
(b) Thirty (30) feet where the height of
the building does not exceed thirty-
five (35) feet, and where the front
setback area is completely land-
scaped, exclusive of ingress/egress
drives on either side of a structure.
(c) Structures on lots which abut
Sheridan Boulevard, Wadsworth Bou-
levard, Kipling Street, Ward Road
north of West 44th Avenue, and
Youngfield Street shall be setback a
minimum of fifty (50) feet.
(6) Side yard setback. Based upon the specific
site, adj acent land use and adj acent pub-
lic streets, one (1) or more of the following
requirements shall apply:
(a) Five (5) feet per story minimum,
except a zero setback may be permit-
Supp. No. 22
ted where structures are constructed
of masonry or nonflammable mate-
rial and in accordance with the Uni-
form Building Code.
(b) In all cases, thirty (30) feet wher",..
adjacent to a dedicated public street.
(c) In addition to building setback as
required by subsection (a) above,
where a side yard abuts property
zoned residential, or where zoned
agricultural and there is a residen-
tial structure within fifteen (15) feet
of the commercial property, a five-
foot-per-story landscaped buffer, plus
a six-foot-high solid decorative wall
or fence, shall be required between
the building and the property line.
(7) Rear yard setback. Based upon specific
site, adjacent land use and adjacent pub-
lic streets, one (1) or more ofthe following
shall apply:
(a) Ten (10) feet for a one-story building
and an additional five (5) feet per
each additional story thereafter.
(b) In all cases, any rear yard which
abuts a public street shall have a
minimum setback of fifteen (15) feet
for all structures.
(c) In all cases, any rear yard which
abuts a public alley shall have a
minimum setback for all structures
of five (5) feet from the edge of the
alley.
(d) In addition to building setback as
required by subsection (a) above,
where a rear yard abuts property
zoned residential, or where zoned
Agricultural and there is a residen-
tial structure within fifteen (15) feet
of the commercial property, a five-
foot-per-story landscaped buffer, plus
a six-foot-high solid decorative wall.'
or fence, shall be required between
the building and the property line.
(8) Parking requirements. See section 26-31.
(9) Landscape requirements. See section 26-
32.
1729
~ 26-21
WHEAT RIDGE CODE
(10) Fencing requirements. See section 26-
30(1).
(11) Sign rei{uirements. See Wheat Ridge Code
of Laws, Chapter 26, Article IV.
(Ord. No. 1989-796, S 2, 7-24-89; Ord. No. 1990-
827, S 1, 4-9-90; Ord. No. 1992-905, S 1, 10-12-92;
Ord. No. 1998-1134,S 3, 10'12-9S)
See. 26-22. Commercial-One District (C-I).
(A) Intent and Purpose: This district is estab-
lished to provide for areas with a wide range of
commercial land uses which include office, gen-
eral business, and retail sales and service estab-
lishments. This district is supported by the com-
munity and/or entire region.
(B) Permitted Principal Uses: No building or
land shall be used and no building shall be
hereafter erected, converted or structurally al-
tered unless otherwise provided herein except for
one (1) or more of the following uses:
(1) All uses permitted in the Restricted Com-
mercial District as "permitted principal
uses.1I
(2) Adult entertainment establishments when
in accordance with Wheat Ridge Code_ of
Laws, Chapter 3.
(3) Assembly halls and convention facilities.
(4) Automobile and light-duty truck sales and
rental, subject to the following require-
ments:
(a) Sales, rental and service of a truck-
tractor or semitrailer is prohibited.
(b) All parking and vehicle display ar-
eas shall be paved.
(c) There shall be a minimum of one
thousand five hundred (1,500) feet of
separation between sales lots.
(d) There shall be a minimum ten-foot
landscape buffer adjacent to any pub-
lic street, with such buffer to be
completely within the property bound-
aries, although the owner may addi-
tionally landscape that area be-
tween the front property line and
the street improvements if approved
Supp. No. 22
by the public works director. There
shall be no waivers of this landscape
buffer requirement.
(e) Whenever a parking lot or display
lot adjoins property zoned for resi-
dential use, a landscape buffer of
twelve (12) feet from said lot bound-
ary shall be required. Within the
twelve-foot laildscape buffer, a six-
foot view-obscuring fence or decora-
tive wall shall be constructed. There
shall be no waivers of this landscape
and fence buffer requirement.
(f) There shall be at least one (1) inte-
rior landscaped island for each thirty
(30) parking and/or vehicle display
spaces. Each such landscape island
shall occupy the equivalent of one (1)
parking space, and each such re-
quired island shall be _ landscaped
with a minimum of one (1), two-inch
caliper tree or larger, and four (4)
shrubs or acceptable living ground
cover.
(5) Auto service and repair and maintenance
shops, including tire sales (but excluding
recapping), muffler shops, auto and light-
duty truck fueling stations, detail shops,
tune-up shops, engine repair, transmis-
sion repair, alignment services, car washes,
upholstery shops, radiator repair shops,
lubrication services and sound sy-stem
shops. It is the intent to exclude body
work or painting, and to exclude any such
use primarily for service, repair or main-
tenance to truck-tractors or semitrailers.
Body repair and painting may be allowed
as a conditional use.
(6) Banks, loan and finance offices.
(7) Child care centers.
(8) Clinics and offices containing residential
faclities for the counseling and treatment
of psychological, social, marital, develop-
mental or similar conditions, including
counseling and treatment for substance
--~ibuse and alcoholism.
(9) Commercial machine shops.
1730
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ZONING AND DEVELOPMENT
~ 26-22
(10) Community buildings, Y.M.CA's, YW.C.A's,
churches, libraries, parks, museums,
aquariums and art galleries.
(11) Golf courses, including private clubs, res-
taurants and lounges, miniature golf or
driving ranges, and those uses commonly
accepted as accessory thereto when lo-
cated on the same premises.
(12) Government or quasi-governmental build-
ings and offices or public utility buildings,
where outside storage, operations or re-
pair facilities are not planned.
(13) Greenhouses and landscape nurseries, in-
cluding both wholesale and retail sales of
related products; provided, however, that
bulk storage or piles of materials, such as
manure, peat, top soil, rock, sand, fire-
wood or similar materials, are screened
from view from adjacent properties by a
view-obscuring fence six (6) feet in height.
Bulk storage or piles of such materials
shall not be permitted within a front yard
setback and shall be no closer than twenty-
five (25) feet to a side or rear lot line
which abuts residentially zoned property
or where zoned Agricultural and there is a
residential structure within fifteen (15)
feet of the common property line.
(14) Homes for the aged, nursing homes and
congregate care homes.
(15) Hotels, motels or bed and breakfast homes
for transient occupancy. There shall be
one thousand (1,000) square feet of gross
lot area for each unit.
(16) Indoor amusement and recreational enter-
prises, such as roller rinks, bowling al-
leys, arcades and similar uses.
(17) Indoor flea markets; however, outdoor flea
markets are prohibited.
(18) Liquor stores.
(19) Medical and dental offices, clinics or lab-
oratories.
Supp. No. 22
1730.1
. ZONING AND DEVELOPMENT !} 26-22
(20) Reserved. (1) Upholstery shops.
(21) Motor fueling stations. (m) Watch and jewelry repair [shops].
e (22) Offices; general business and professional (29) Small animal veterinary hospitals or clin-
offices. ics where there are no outside pens or
(23) Parking of automobiles of clients, patients runs for dogs.
and patrons of occupants of adjacent com- (30) Stores for retail trade as listed below:
mercial districts. (a) Antique stores.
(24) Private clubs, social clubs, bingo parlors (b) Apparel and accessory stores.
and similar uses. (c) Appliance stores and incidental ser-
(25) Restaurants, drive-in restaurants, ice vice and repair.
cream sales and similar related uses. (d) Art galleries or studios.
(26) Rooming and boardinghouses. (e) Automotive parts and supplies sales.
(27) Schools, public parochial and private (in- (f) Bakeries, retail.
cluding private, vocational trade or pro- (g) Bicycle stores.
fessional schools), colleges, universities, (h) Boat, camper, and travel trailer sales
preschools and day nurseries (including
those uses commonly accepted as neces- and services.
sary thereto when located on the same (i) Book stores and newsstands.
premises). (j) Butcher shops and food lockers, but
. (28) Service establishments as listed below: not including food processing.
(a) Ambulance services. (k) Business machine or computer stores.
(b) Blueprinting, photostatic copying, and (1) Camera and photographic service and
other similar reproduction services; supply stores.
however, not including large print- (m) Candy, nut and confectionery stores.
ing, publishing and/or book binding (n) Caterers.
establishments.
(c) Equipment rental agencies; provided, (0) Dairy products stores.
however, that the outside storage of (p) Delicatessens.
trucks, trailers or other equipment (q) Department or variety stores.
for rent shall be within areas screened (r) Drug stores.
from view from all streets and adja-
cent properties. (s) Dry goods stores.
(d) Exterminators. (t) Electrical and supplies and service,
(e) Hair, nail and cosmetic services. but not including contractors stor-
age yards.
(f) Interior decorating shops. (u) Floral shops.
(g) Laundries and dry cleaning [shops]. (v) Furniture stores.
(h) Locksmith shops. (w) Garden supplies stores.
e (i) Shoe repair [shops]. (x) Gift, novelty or souvenir stores.
(j) Studio for professional work or teach- (y) Grocery stores.
ing of fine arts, photography, music,
drama or dance. (z) Hardware stores.
. (k) Tailoring, dressmaking or clothing (aa) Hobby and craft stores.
alteration shops. (bb) Horne furnishing stores.
Supp. No. 18 1731
~ 26-22 WHEAT RIDGE CITY CODE
(cc) Home improvements supply stores. would be consistent with the intent of this .
(dd) Jewelry stores. district, and which would not be objection-
(ee) Leathergoods and luggage stores. able to nearby property by reason of odor, e
dust, fumes, gas, noise, radiation, heat,
(ft) Liquor stores (sale by package). glare, vibration, traffic generation, park-
(gg) Linen supply. ing needs, outdoor storage or use, or is not
hazardous to the health and safety of
(hh) Lumber yards and building supply surrounding areas through danger of fire
stores; provided, that unenclosed stor- or explosion.
age of any materials shall be screened (C) Permitted Accessory Uses and Accessory
from view from adjacent properties Buildings:
and streets.
(ii) Locksmith shops. (1) Electric transmission or other public util-
ity lines and poles, irrigation channels,
(jj) Meat, poultry or seafood stores. storm drainage facilities, and water sup-
(kk) Motorcycle sales and service. ply facilities, and other similar facilities.
(ll) Music stores. (2) Residential uses in commercial zones shall
(rom) Newsstands (for the sale of news- be allowed under the following conditions:
papers, magazines, etc.). (a) Residential use shall be allowed only
(un) Notions stores. on a floor other than the ground
floor, or if allowed on the ground
(00) Office supply [stores]. floor, restricted to the rear half of the
(pp) Optical stores. building. .
(qq) Paint and wallpaper stores. (b) Residential dwelling density shall
(rr) Pet stores. not exceed one (1) dwelling unit for
each five thousand (5,000) square
(ss) Picture framing [shops]. feet oflot area.
(tt) Plumbing and heating supply stores (c) Residential dwelling units shall be
and shops, but not including contrac- no less than five hundred (500) square
tors' storage yards. feet each.
(uu) Shoe stores. (d) Parking shall be supplied at the rate
(vv) Sporting goods stores. of one (1) space per three hundred
(ww) Stationery stores. (300) square feet of floor area.
(e) Where it is intended to convert an
(xx) Television, radio, small appliance re- existing residential structure either
pair and service [shops]. partially or wholly to a commercial
(yy) Tobacco stores. use, then commercial development
(zz) Toy stores. standards shall be applied for park-
(aaa) Video rentals. ing, landscaping and residential buff-
ering. Any changes to building floor
(31) Taverns, night clubs, lounges, private clubs area shall fully comply with all com-
and bars. mercial development standards.
(32) Theatres (excluding drive-ins). (i) No new residences as a primary or e
(33) Any similar use which, in the opinion of principal use shall be allowed.
the zoning administrator, or upon appeal (3) Outside display or storage subject to the
of his decision, of the board of adjustment, following:
would be compatible in character and (a) Merchandise, material or stock for .
impact with other uses in the district, sale or rent may be displayed or
Supp. No. 18 1732
~ 26-22
ZONING AND DEVELOPMENT
.
(c) If located upon an undeveloped par-
cel, adequate off-street parking area
for the use must be provided.
stored within ten (10) feet of the
front of buildings without being
screened, except that required park-
ing spaces or fire lanes shall not be
used for such outside display or stor-
age.
(b) Merchandise, material or stock may
be stored or displayed behind the
front of buildings within side or rear
yards only where completely screened
from adjacent properties and streets
by a six-foot-high opaque wall or
fence. Merchandise, material and
stock shall not be stacked to a height
greater than the height ofthe screen-
ing fence.
(c) The above shall not apply to opera-
ble automobile or light-duty truck
rental and sales lots; planted and
potted nursery stock; plant and pro-
duce sales; boat and camper sales
lots; or mobile home and structure
sales lots, except that required park-
ing spaces and fire lanes shall not be
used for storage or display.
(4) Stocking of items intended for use or sale
upon the premises is permitted; however,
warehousing is prohibited.
(5) Storage buildings, sheds, garages, work-
shops and other similar structures when
accessory to the primary use.
(6) Temporary Christmas tree, produce and
bedding plant sales lots are permitted on
undeveloped parcels or upon developed
parcels, subject to the following require-
ments:
(a) Temporary sales lots shall be permit-
ted for no more than ninety (90)
days.
If located upon a parcel which is
occupied by a primary use, the tem-
porary sales area shall not occupy
required parking spaces or fire lanes
and shall not be located within the
required sight distance triangle of
the intersection of two (2) streets.
e
(d) Temporary fences, signs, structures
and other improvements associated
with the use shall meet all zoning
and building code requirements.
(e) No such temporary sales lot shall
occupy a parcel without first having
received an administrative tempo-
rary use permit) business license,
sales tax licenses and building per,
mit(s) as may be required by the
City of Wheat Ridge.
(7) Wholesale sales of any item offered at
retail on the premises, where wholesale is
ancillary to the primary retail use.
(8) Parking of not more than three (3) com-
mercial truck-tractors and/or semitrailers
in conjunction with, and accessory to, a
restaurant, hotel or motel primary use,
and when in conformance with the park-
ing design standards set forth in section
26-31(C)(14) of this Zoning Ordinance. It
is not intended that such parking limita-
tions shall apply to pickup and delivery
trucks normally associated with business
operations.
.
(9) Temporary outside storage utilizing semi-
trailers, other trailers, shipping contain-
ers or other nonstructural enclosures for
which a building permit is not required
shall only be ailowed as a temporary use
approved pursuant to section 26-6(D)).
Any temporary use permits granted by
the board of adjustment for such outside
storage methods shall require a six-foot-
high view-obscuring screen or fence around
the trailers or containers so as to mini-
mize visual impacts to surrounding prop-
erties and streets. Any existing outside
storage trailers or containers shall be
removed or otherwise come into conform-
ance with these provisions by July 1,
1996.
. (b)
.
Supp. No. 18
1733
~ 26-22
WHEAT RIDGE CITY CODE
(D) Conditional Uses: The following uses shall
be permitted only upon approval of the Wheat
Ridge Planning Commission, following proce-
dures as set forth in section 26-6(A):
(1) Automotive body and paint shops for au-
tomobiles and light-duty trucks.
(2) Electric transmission substation.
(E) Special Uses: The following uses shall be
permitted only upon approval of the Wheat Ridge
Planning Commission and city council, following
procedures as set forth in section 26-6(B):
(1) Auction houses.
(2) Automobile and light-duty truck sales and
rental, subject to the requirements set
forth in subsection (B)(4), except the 1500-
foot separation between sales lots does
not apply.
(3) A building contractor's service shop and
storage yard incidental to an office/show-
room principal use. This would include
carpenters, painters, roofers, electricians,
plumbers, heating and air conditioning
contractors, and similar uses which do not
use heavy equipment in the business, but,
however, do have vehicles, tools, machin-
ery and supplies used in the business
stored upon the premises, either inside or
outside, and where some customer work
may occur upon the premises. All outside
storage areas shall be screened from view
from adjacent properties and streets by a
six-foot opaque wall or fence. Stacking of
materials and supplies shall not exceed
the height of the fence. Additionally, for
uses which involve customer work and/or
fabrication upon the premises, no single
machine shall exceed five (5) horsepower
and provided that no excessive noise, vi-
bration, dust, emission of heat, glare, ra-
diation, smoke or fumes are produced to
the extent that it is dangerous, hazardous
or a nuisance to the reasonable enjoyment
or use of adjacent properties.
(4) Governmental buildings, fire stations,
sewer treatment plants and public utility
buildings, where outside storage, opera-
tions or repair facilities are planned.
Supp. No. 18
(5) Itinerant sales of any item permitted in
this district upon a parcel which is vacant
or occupied by a permanent principal per-
mitted use; provided, however, that such
itinerant sales do not occupy required
parking spaces or fire lanes, do not occupy
the sight distance triangle required at the
intersection of two (2) streets if on a
corner property, are set back at least ten
(10) feet from all property lines and do not
exceed thirty (30) days' occupancy of the
same property. In addition, only one itin-
erant merchant may occupy a premises at
any time. A temporary use permit shall
not be issued by the board of adjustment.
(6) Woodworking or carpentry shops for the
making of articles for sale upon the prem-
ises, such as cabinets or custom furniture;
provided, however, that no excessive noise,
vibrations, dust, emission of heat, glare,
radiation, smoke or fumes are produced to
the extent that it is dangerous, hazardous
or a nuisance to the reasonable enjoyment
or use of adjacent properties. Machinery
shall not exceed five (5) horsepower.
(7) (a) Parking of more than three (3) com-
mercial truck-tractors and/or semi-
trailers on any parcel or lot, where
such vehicles are not related to the
transportation needs of the business
conducted thereon, shall require ap-
proval of a special use permit. In
order to evaluate the proposal, the
applicant shall submit a site plan
which adequately illustrates loca-
tion and size of all parking spaces
and drive isles and direction of traf-
fic flow, and which shows the pro-
posed parking relative to existing
structures on and adjacent to the
site, to adjacent streets, and which
shows point of ingress/egress to the
site. The intent ofthis provision is to
limit those areas in which truck-
tractors and/or semitrailers used in
commercial ventures may be parked,
and is not intended to apply to any
noncommercial use of such truck-
tractors and/or semitrailers. Park-
1734
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ZONING AND DEVELOPMENT
* 26-22
ing lot design shall meet the stan-
dards for truck-tractors and semi-
trailers as specified in section 26-31,
Off-Street Parking Requirements.
In addition, the applicant shall sub-
mit a report which addresses the
following:
1. Traffic impact to adjacent and
surround street systems;
2. Noise generated on the subject
site and proposed methods of
mitigating its off-site effects;
3. Air pollution caused by the new
development and the relation-
ship with ambient air pollution
in the surrounding area. Pro-
posed methods of controlling or
reducing air pollution that are
part of the development con-
cept shall be described; and
4. Compatibility with adjacent
land uses, and proposed meth-
ods of assuring compatibility,
such as screening, landscaping,
setback of orientation.
(b) When used in subsection (7Xa) above,
the following words shall have the
following meanings:
1. "Truck tractor" means any mo-
tor vehicle which is gerierally
and commonly designed and
used to draw a semitrailer and
its cargo load over the public
highways.
2. "Semitrailer" means any
wheeled vehicle, without mo-
tive power, which is designed to
be used in conjunction with a
truck-tractor so that some part
of its own weight and that of its
cargo load rests upon or is car-
ried by such truck tractor and
which is generally and com-
monly used to carry and trans-
port property over the public
highways.
Supp. No. 22
3. Any of such vehicles shall be
considered commercial when uti-
lized with or as a part of a
commercial venture.
(c) Any property upon which a special
use permit is granted pursuant to
subsection (E)(7) hereof shall be con-
spicuously posted to indicate the au-
thorization for the parking of com-
mercial truck-tractors and/or
semitrailers thereon. It shall be a
violation of the Code of Laws for any
commercial truck-tractor and/or semi-
trailer to be parked or stored upon
property not so posted. Any commer-
cial truck-tractor and/or semitrailer
parked in violation of the provisions
hereof shall be subject to the provi-
sions of section 13-2 of this Code of
Laws.
(8) Mortuaries and crematories.
(9) Any other use not specifically listed in
this district may be permitted as a special
use where the planning commission and
city council find, in addition to the stan-
dard review criteria for all special uses as
set forth in section 26-6(B), that a specific
site is uniquely appropriate for the use
proposed.
(F) Development and Use Regulations:
(1) Maximum height. Fifty (50) feet.
(2) Minimum lot area. No limitation, pro-
vided that all other requirements can be
met.
(3) Maximum lot coverage. Ninety (90) per-
cent, with a minimum of ten (10) percent
of the lot being landscaped.
(4) Minimum lot width. No limitations, pro-
vided that all other requirements can be
met.
(5) Front yard setback. Fifty (50) feet mini-
mum, except as follows:
(a) Thirty (30) feet for structures on lots
or portions of lots which abut a cul-
de-sac bulb.
1735
S 26-22
. WHEAT RIDGE CODE
(6)
(b) Thirty (30) feet where the height of
the building does not exceed thirty-
five (35) feet, and where the front
setback area is completely land-
scaped, exclusive of ingress/egress
drives on either side of a structure.
(c) Structures on lots which abut
Sheridan Boulevard, Wadsworth Bou-
levard, Kipling Street, Ward Road,
north of West 44th Avenue and
Youngfield Street shall be setback a
minimum of:fifty (50) feet.
Side yard setback. Based upon the specific
site, adjacent land use and adjacent pub-
lic streets, one (1) or more of the following
requirements shall apply:
(a) Five (5) feet per story minimum,
except a zero setback may be permit-
ted where structures are constructed
of masonry or nonflammable mate-
rial and in accordance with the U ni-
form Building Code.
(b) In all cases, thirty (30) feet where
adjacent to a dedicated public street.
(c) In addition to building setback as
required by subsection (a) above,
where a side yard abuts property
zoned residential, or where zoned
Agricultural and there is a residen-
tial structure within fifteen (15) feet
of the commercial property, a five-
foot- per-story landscaped buffer, plus
a six-foot high solid decorative wall
or fence, shall be required between
the building and the property line.
Rear yard setback. Based upon specific
site, adjacent land use and adjacent pub-
lic streets, one (1) or more of the following
shall apply:
(a) Ten (10) feet for a one-story building
and an additional five (5) feet per
each additional story thereafter.
(b) In all cases, any rear yard which
abuts a public street shall have a
minimum setback of fifteen (15) feet
for all structures.
(c) In all cases, any rear yard which
abuts a public alley shall have a
(7)
Supp. No. 22
minimum setback for all structures
of five (5) feet from the edge of the
alley.
(d) In addition to building setback as
required by subsection (a) above,
.where a rear yard abuts property
zoned residential, or where zoned
Agricultural and there is a residen-
. tial structure within fifteen (15) feet
of the commercial property, a five-
foot-per-story landscaped buffer, plus
a six-foot-high solid decorative wall
or fence, shall be required between
the building and the property line.
(8) Parking requirements. See section 26-31.
(9) Landscape requirements. See section 26-
32.
(10) Fencing requirements. See section 26-
30(1).
(Ord. No. 1989-801, ~ 3, 7-24-89; Ord. No. 1990-
827, ~ 1, 4-9-90; Ord. No. 1995-993, S 1,3-27-95;
Ord. No_ 1996-1052, ~~ 1, 2, 10-15-96; Ord. No.
1996-1053, ~ 1, 10-14-96; Ord_ No. 1998.1134, ~ 4,
10-12-98)
Sec. 26-23. Commercial-Two District (C-2).
(A) Intent and Purpose: This district is estab-
lished to provide for areas with a wide range of
commercial land uses which include office, gen-
eral business, more intensive retail sales, whole-
sale businesses, and light manufacturing. This
district generally depends on the entire region for
the market area.
(B) Permitted Principal Uses: No building or
land shall be used and no building shall be
hereafter erected, converted or structurally al-
tered uuless otherwise provided herein except for
one (1) or more of the following uses:
(1) All uses permitted in the Commercial-
One District as "permitted principal us-
es.1J
(2) Amusement parks.
(3) Animal veterinary hospitals and clinics.
(4) Auction houses.-
(5) Auto service and maintenance shops, in-
cluding tire sales and recapping, muffler
1736
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. ZONING AND DEVELOPMENT S 26-23
shops, auto and light-duty truck fueling (12) Government or quasi-governmental build-
stations, detail shops, tune-up shops, car ings and offices, fire stations, or public
e washes, upholstery shops, radiator repair utility buildings, where outside storage or
shops, lubrication service, sound system repair facilities are planned subject to
shops, major mechanical repair [shops], outside storage provisions set forth in
body work, and painting, but excluding subsection (C)(3) hereof.
any such use primarily for service, repair (13) Homes for the aged, nursing homes and
or maintenance to truck-tractors or semi-
trailers, subject to outside storage provi- congregate care homes.
sions set forth in subsection (C)(3) hereof. (14) Ice plants and delivery stations.
(6) A building contractor's service shop and (15) Manufacturing anellor light industrial op-
storage yard incidental to an office/show- erations, where operation of anyone (1)
room principal use. This would include machine does not exceed five (5) horse-
carpenters, painters, roofers, electricians, power, excluding any industrial operation
plumbers, heating and air conditioning listed in any other section of this chapter,
contractors, and similar uses which do not subject to outside storage provisions set
use heavy equipment in the business, but, forth in subsection (C)(3) hereof.
however, do have vehicles, tools, machin- (16) Mobile or modular homes or building sales.
ery and supplies used in the business
stored upon the premises, either inside or (17) Shops for custom work or for making
outside, and where some custom work articles, materials or commodities to be
may occur upon the premises. All outside sold at retail on the premises, and where
. storage areas shall be screened from view no single machine exceeds five (5) horse-
from adjacent properties and streets by a power; and provided, that no excessive
six-fnot opaque wall or fence. Stacking of noise, vibration, dust, emission of heat,
materials and supplies shall not exceed glare, radiation, smoke or fumes are pro-
the height of the fence. Additionally, for duced to the extent that it is dangerous,
uses which involve custom work anellor hazardous or a nuisance to the reasonable
fabrication upon the premises, no single enjoyment or use of adjacent properties,
machine shall exceed five (5) horsepower subject to outside storage provisions set
and provided that no excessive noise, vi- forth in subsection (C)(3) hereof.
bration, dust, emission of heat, glare, ra- (18) Theatres (including drive-ins).
diation, smoke or fumes are produced to
the extent that it is dangerous, hazardous (19) Mini-warehouses for inside storage.
or a nuisance to the reasonable enjoyment (20) Wholesale businesses.
of use of adj acent properties. (21) Woodworking or carpentry shops for the
(7) Cold storage plant. making of articles for sale upon the prem-
(8) Construction equipment and heavy equip- ises, such as cabinets or custom furniture;
ment sales, service, rental and storage, provided, however, that no excessive noise,
subject to outside storage and display vibration, dust, emission of heat, glare,
provisions set forth in subsection (C)(3) radiation, smoke or fumes are produced to
hereof. the extent that it is dangerous, hazard-
e (9) Creamery and milk distribution stations. ous, or a nuisance to the reasonable en-
joyment or use of adjacent properties.
(10) Dying and cleaning shops. (22) Any similar use which, in the opinion of
(11) Farm equipment sales, service and stor- the zoning administrator, or upon appeal
. age, subject to outside storage and display of his decision, ofthe board of adjustment,
provisions set forth in subsection (C)(3) would be compatible in character and
hereof. impact with other uses in the district,
Supp. No. 18 1737
~ 26-23
WHEAT RIDGE CITY CODE
would be consistent with the intent of this
district, and which would not be objection-
able to nearby property by reason of odor,
dust, fumes, gas, noise, radiation, heat,
glare, vibration, traffic generation, park-
ing needs, outdoor storage or use, or is not
hazardous to the health and safety of
surrounding areas through danger of fire
or explosion.
(C) Permitted Accessory Uses and Accessory
Buildings:
(1) Electric transmission or other public util-
ity lines and poles, irrigation channels,
storm drainage facilities, and water sup-
ply facilities, and other similar facilities.
(2) Residential uses in commercial zones shall
be allowed under the following conditions:
(a) Residential use shall be located only
on a floor other than the ground
floor, or if located on the ground
floor, restricted to the rear half ofthe
building.
(b) Residential dwelling density shall
not exceed one (1) dwelling unit for
each five thousand (5,000) square
feet oflot area.
(c) Residential dwelling units shall be
no less than five hundred (500) square
feet each.
(d) Parking shall be supplied at the rate
of one (1) space per three hundred
(300) square feet of floor area.
(e) Where it is intended to convert an
existing residential structure, either
partially or wholly, to a commercial
use, then commercial development
standards shall be applied for park-
ing, landscaping and residential buff-
ering. Any changes to building floor
area shall fully comply with all com-
mercial development standards.
CD No new residences as a primary or
principal use shall be allowed.
(3) Outside display or storage subject to the
following:
(a) Merchandise, material or stock for
sale or rent may be displayed or
Supp. No. 18
1738
stored within ten (10) feet of the
front of buildings without being
screened, except that required park-
ing spaces or fire lanes shall not be
used for such outside display or stor- .
age.
(b) Merchandise, material or stock may
be stored or displayed behind the
front of buildings within side or rear
yards only where completely screened
from adjacent properties and streets
by a six-foot-high opaque wall or
fence. Merchandise, material and
stock shall not be stacked to a height
greater than the height of the screen-
ing fence.
(c) The above shall not apply to opera-
ble automobile or light-duty truck
rental and sales lots, planted or pot-
ted nursery stock, plant and produce
sales, boat and camper sales lots, or
mobile home and structure sales lots,
except that required parking spaces
and fire lanes shall not be used for
storage or display.
(4) Storage buildings, sheds, garages, work-
shops and other similar structures when
accessory to the primary use.
(5) Temporary Christmas tree, produce and
bedding plant sales lots are permitted on
undevelnped parcels or upon developed
parcels, subject to the following require-
ments:
(a) Temporary sales lots shall be permit-
ted for no more than ninety (90)
days.
(b) If located upon a parcel which is
occupied by a primary use, the tem-
porary sales area shall not occupy
required parking spaces or fire lanes
and shall not be located within the
required sight distance triangle of
the intersection of two (2) streets.
(c) If located upon an undeveloped par-
cel, adequate off-street parking area
for the use must be provided.
(d) Temporary fences, signs, structures
and other improvements associated
with the use shall meet all zoning
and building code requirements.
.
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Supp. No. lS
ZONING AND DEVELOPMENT
~ 26-23
(6)
(e) No such temporary sales lot shall
occupy a parcel without first having
received an administrative tempo-
rary use permit, business license,
sales tax licenses, and building per-
mit(s) as may be required by the
City of Wheat Ridge.
Parking of more than three (3) commer-
cial truck-tractors and/or semitrailers on
any parcel or lot, where such vehicles are
not related to the transportation needs of
the business conducted thereon, shall re-
quire approval of a special use permit. In
order to evaluate the proposal, the appli-
cant shall submit a site plan which ade-
quately illustrates location and size of all
parking spaces and drive isles and direc-
tion of traffic flow, and which shows the
proposed parking relative to existing struc-
tures on and adjacent to the site, to adja-
cent streets, and which shows point of
ingress/egress to the site. The intent of
this provision is to limit those areas in
which truck-tractors and/or semitrailers
used in commercial ventures may be
parked, and is not intended to apply to
any noncommercial use of such truck-
tractors and/or semitrailers. Parking lot
design shall meet the standards for truck-
tractors and semitrailers as specified in
section 26-31, Off-Street Parking Require-
ments.
Temporary outside storage utilizing semi-
trailers, other trailers, shipping contain-
ers or other nonstructural enclosures for
which a building permit is not required
shall only be allowed as a temporary use
approved pursuant to section 26-6(D)).
Any temporary use permits granted by
the board of adjustment for such outside
storage methods shall require a six-foot-
high view-obscuring screen or fence around
the trailers or containers so as to mini-
mize visual impacts to surrounding prop-
erties and streets. Any existing outside
storage trailers or containers shall be
removed or otherwise come into conform-
ance with these provisions by July 1,
1996.
(D) Conditional Uses: The following uses shall
be permitted only upon approval of the Wheat
Ridge Planning Commission and city council,
following procedures as set forth in section 26-
6(A):
(1) Electric transmission substation.
(7)
(E) Special Uses: The following uses shall be
permitted only upon approval of the Wheat Ridge
Planning Commission and city council, following
procedures as set forth in section 26-6(B):
(1) Itinerant sales of any item permitted in
this district upon a parcel which is vacant
or occupied by a permanent principal per-
mitted use; provided, however, that such
itinerant sales do not occupy required
parking space or fire lanes, do not occupy
the sight distance triangle required at the
intersection of two (2) streets if on a
corner property, are setback at least ten
(10) feet from all property lines and do not
exceed thirty (30) days' occupancy of the
same property. In addition, only one (1)
itinerant merchant may occupy a prem-
ises at any time. A temporary use permit
shall not be issued by the board of adjust-
ment.
(2) (a) Parking of more than three (3) com-
mercial truck-tractors and/or semi-
trailers on any parcel or lot, where
such vehicles are not related to the
transportation needs of the business
conducted thereon, shall require ap-
proval of a special use permit. In
order to evaluate the proposal, the
applicant shall submit a site plan
which adequately illustrates loca-
tion and size of all parking spaces
and drive isles and direction of traf-
fic flow, and which shows the pro-
posed parking relative to existing
structures on and adjacent to the
site, to adjacent streets, and which
shows point of ingress/egress to the
site. The intent of this provision is to
limit those areas in which truck-
tractors and/or semitrailers used in
commercial ventures may be parked
and is not intended to apply to any
1739
~ 26-23
Supp. No. lS
WHEAT RIDGE CITY CODE
(b)
noncommercial use of such truck-
tractors and/or semitrailers. Park-
ing lot design shall meet the stan-
dards for truck-tractors and
semitrailers as specified in section
26-31, Off-Street Parking Require-
ments.
In addition, the applicant shall sub-
mit a report which addresses the
following:
1. Traffic impact to adjacent and
surrounding street systems;
2. Noise generated on the subject
site and proposed methods of
mitigating its off-site effects;
3. Air pollution caused by the new
development and the relation-
ship with ambient air pollution
in the surrounding area. Pro-
posed methods of controlling or
reducing air pollution that are
part of the development con-
cept shall be described; and
4. Compatibility with adjacent
land uses, and proposed meth-
ods of assuring compatibility,
such as screening, landscaping,
setback of orientation.
When used in subsection (2)(a) above,
the following words shall have the
following meanings:
1. "Truck tractor" means any mo-
tor vehicle which is generally
and commonly designed and
used to draw a semitrailer and
its cargo load over the public
highways.
2. lISemitrailerl1 means any
wheeled vehicle, without mo-
tive power, which is designed to
be used in conjunction with a
truck-tractor so that some part
of its own weight and that of its
cargo load rests upon or is car-
ried by such truck-tractor and
which is generally and com-
monly used to carry and trans-
port property over the public
highways.
3. Any of said vehicles shall be
considered commercial when uti-
lized with or as a part of a
commercial venture.
(c) Any property upon which a special
use permit is granted pursuant to
subpart (E)(2) hereof shall be con-
spicuously posted to indicate the au-
thorization for the parking of com-
mercial truck-tractors and/or
semitrailers thereon. It shall be a
violation of this Code of Laws for any
commercial truck-tractor and/or semi-
trailer to be parked or stored upon
property not so posted. Any commer-
cial truck-tractor and/or semitrailer
parked in violation ofthe provisions
hereof shall be subject to the provi-
sions of section 13-2 of this Code of
Laws.
(3) Any other use not specifically listed in
this district may be permitted as a special
use where the planning commission and
city council fmd, in addition to the stan-
dard review criteria for all special uses as
set forth in section 26-6(B), that a specific
site is uniquely appropriate for the use
proposed.
(4) Pawn shops.
(5) Mortuaries and crematories.
(F) Development and Use Regulations:
(1) Maximum height. Fifty (50) feet.
(2) Minimum lot area. No limitation, pro-
vided that all other requirements can be
met.
(3) Maximum lot coverage. Ninety (90) per-
cent, with a minimum often (10) percent
of the lot being landscaped.
(4) Minimum lot width. No limitations, pro-
vided that all other requirements can be
met.
(5) Front yard setback. Fifty (50) feet mini-
mum, except as follows;
(a) Thirty (30) feet for structures on lots
or portions oflots which abut a cul-
de-sac bulb.
1740
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ZONING AND DEVELOPMENT
! 26-24
(b) Thirty (30) feet where the height of
the building does not exceed thirty-
five (35) feet, and where the front
setback area is completely land-
scaped, exclusive of ingress/egress
drives on either side of a structure.
(c) Structures on lots which abut
Sheridan Boulevard, Wadsworth Bou-
levard, Kipling Street, Ward Road
north of West 44th Avenue, and
Youngfield Street shall be setback a
minimum of fifty (50) feet.
(6) Side yard setback. Based upon the specific
site, adjacent land use and adjacent pub-
lic streets, one (1) or more of the following
requirements shall apply;
(a) Five (5) feet per story minimum,
except a zero setback may be permit-
ted where structures are constructed
of masonry or nonflammable mate-
rial and in accordance with the Uni-
form Building Code.
(b) In all cases, thirty (30) feet where
adjacent to a dedicated public street.
(c) In addition to building setback as
required by subsection (a) above,
where a side yard abuts property
zoned residential, or where zoned
Agricultural and there is a residen-
tial structure within fifteen (15) feet
of the commercial property, a five-
foot-per-story landscaped buffer, plus
a six-foot-high solid decorative wall
or fence, shall be required between
the building and the property line.
(7) Rear yard setback. Based upon specific
site, adjacent land use and adjacent pub-
lic streets, one (1) or more of the following
shall apply:
(a) Ten (10) feet for a one-story building
and an additional five (5) feet per
each additional story thereafter.
(b) In all cases, any rear yard which
abuts a public street shall have a
minimum setback of fifteen (15) feet
for all structures.
(c) In all cases, any rear yard which
abuts a public alley shall have a
Supp. No. 1S
minimum setback for all structures
of five (5) feet from the edge of the
alley.
(d) In addition to building setback as
required by subsection (a) above,
where a rear yard abuts property
zoned residential, or where zoned
Agricultural and there is a residen-
tial structure wi thin fifteen (15) feet
of the commercial property, a five-
foot-per-story landscaped buffer, plus
a six-foot-high solid decorative wall
or fence, shall be required between
the building and the property line.
(8) Parking requirements. See section 26-31.
(9) Landscape requirements. See section 26-
32.
(10) Fencing requirements. See section 26-
30m.
(11) Sign requirements. See Wheat Ridge Code
of Laws, Chapter 26, Article IV.
(Ord. No. 1989-801, S 4, 7-24-89; Ord. No. 1990:
827, S 1,4-9-90; Ord. No. 1993-945, ~ 2, 12-13-93;
Ord. No. 1994-978, S 2, 10-10-94; Ord. No. 1994-
981, ~ 1, 11-14-94; Ord. No. 1995-993, S 2, 3-27-95;
Ord. No. 1996-1052, S 3, 10-14-96; Ord. No. 1996-
1053, ~ 2, 10-14-96)
Sec. 26.24. Light Industrial District (I).
(A) Intent and Purpose. The intent of this
district is to permit the use of previous Industrial
(I)-zoned property for commercial and light indus-
trial uses. Rezoning to Industrial (I) Zone District
classification shall not be permitted; however,
existing Industrial (I)-zoned property may be de-
veloped and used in accordance with provisions
set forth herein.
(B) Permitted Principal Uses: No building or
land shall be used and no building shall be
hereafter erected, converted or structurally al-
tered unless otherwise provided herein except for
one (1) or more of the following uses:
(1) Any use pennitted in the Commercial-.
One District (C-1) or Commercial-Two Dis-
trict (C-2) as a permitted principal use.
1741
. 26-24
WHEAT RIDGE CITY CODE
(C) Permitted-Accessory Uses and Accessory
Buildings:
(1) Electric transmission or other public util-
ity lines and poles, irrigation channels,
storm drainage facilities, and water sup-
ply facilities, and other similar facilities.
(2) One (1) residential living unit within a
commercial building.
(3) Outside display or storage subject to the
following:
(a) Merchandise, material or stock for
sale or rent may be displayed or
stored within ten (10) feet of the
front of buildings without being
screened, except that required park-
ing spaces or fire lanes shall not be
used for such outside display or stor-
age.
(b) Merchandise, material or stock may
be stored or displayed behind the
front of buildings within side or rear
yards only where completely screened
from adj acent properties and streets
by a six-foot-high opaque wall or
fence. Merchandise, material and
stock shall not be stacked to a height
greater than the height of the screen-
ing fence.
(c) The above shall not apply to opera-
ble automobile or light-duty truck
rental and sales lots, planted or pot-
ted nursery stock, plant and produce
sales, boat and camper sales lots, or
mobile home and structure sales lots,
except that required parking spaces
and fire lanes shall not be used for
storage or display.
(4) Storage buildings, sheds, garages, work-
shops and other similar structures when
accessory to the primary use.
(5) Temporary Christmas tree, produce and
bedding plant sales lots are permitted on
undeveloped parcels or upon developed
parcels, subject to the following require-
ments:
(a) Temporary sales lots shall be permit-
ted for no more than ninety (90)
days.
Supp. No. IS
(b) If located upon a parcel which is
occupied by a primary use, the tem-
porary sales area shall not occupy
required parking spaces or fire lanes
and shall not be located within the
required sight distance triangle of
the intersection of two (2) streets.
(c) Iflocated upon an undeveloped par-
cel, adequate off-street parking area
for the use must be provided.
(d) Temporary fences, signs, structures
and other improvements associated
with the use shall meet all zoning
and building code requirements.
(e) No such temporary sales lot shall
occupy a parcel without first having
received an administrative tempo-
rary use permit, business license,
sales tax licenses, and building per-
mit(s) as may be required by the
City of Wheat Ridge.
(D) Conditional Uses: The following uses shall
be permitted only upon approval of the Wheat
Ridge Planning Commission, following proce-
dures as set forth in section 26-6(A):
(1) Electric transmission substation.
(E) Special Uses: The following uses shall be
permitted only upon approval of the Wheat Ridge
Planning Commission and city council, following
procedures as set forth in section 26-6(B); all
special uses shall be subject to the performance
standards as set forth in subsection (G) hereof:
(1) Itinerant sales of any item permitted in
this district upon a parcel which is vacant
or occupied by a permanent principal per-
mitted use; provided, however, that such
itinerant sales do not occupy required
parking space or fire lanes, do not occupy
the sight distance triangle required at the
intersection of two (2) streets if on a
corner property, are set back at least ten
(10) feet from all property lines, and do
not exceed thirty (30) days' occupancy of
the same property. In addition, only one
(1) itinerant merchant may occupy a prem-
ises at any time.
(2) (a) Parking of more than three (3) com-
1742
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Supp. No. lS
ZONING AND DEVELOPMENT
~ 26-24
mercial truck-tractors and/or semi-
trailers on any parcel or lot, where
such vehicles are not related to the
transportation needs of the business
conducted thereon, shall require ap-
proval of a special use permit. In
order to evaluate the proposal, the
applicant shall submit a site plan
which adequately illustrates loca-
tion and size of all parking spaces
and drive isles, and direction oftraf-
fic flow, and which shows the pro-
posed parking relative to existing
structures on and adjacent to the
site, to adjacent streets, and which
shows point of ingress/egress to the
site. The intent of this provision is to
limit those areas in which truck-
tractors and/or semitrailers used in
commercial ventures may be parked
and is not intended to apply to any
noncommercial use of such truck-
tractors and/or semitrailers. Park-
ing lot design shall meet the stan-
dards for truck-tractors and
semitrailers as specified in section
26-31, Off-Street Parking Require-
ments.
In addition, the applicant shall sub-
mit a report which addresses the
following:
1. Traffic impact to adjacent and
surrounding street systems;
2. Noise generated on the subject
site and proposed methods of
mitigating its off-site effects;
3. Air pollution caused by the new
development and the relation-
ship with ambient air pollution
in the surrounding area. Pro-
posed methods of con trolling or
reducing air pollution that are
part of the development con-
cept shall be described; and
4. Compatibility with adjacent
land uses and proposed meth-
ods of assuring compatibility,
such as screening, landscaping,
setback of orientation.
1743
(b) When used in this section, the fol-
lowing words shall have the follow-
ing meanings:
1. I1Truck-tractor" means any mo-
tor vehicle which is generally
and commonly designed and
used to draw a semitrailer and
its cargo load over the public
highways.
2. "Semitrailerl1 means any
wheeled vehicle, without mo-
tive power, which is designed to
be used in conjunction with a
truck-tractor so that some part
of its own weight and that of its
cargo load rests upon or is car-
ried by such truck-tractor and
which is generally and com-
monly used to carry and trans-
port property over the public
highways.
3. Any of said vehicles shall be
considered commercial when uti-
lized with or as a part of a
commercial venture.
(c) Any property upon which a special
use permit is granted pursuant to
subsection (2)(a) above shall be con-
spicuously posted to indicate the au-
thorization for the parking of com-
mercial truck-tractors and/or
semitrailers thereon. It shall be a
violation of this Code of Laws for any
commercial truck-tractor and/or semi-
trailer to be parked or stored upon
property not so posted. Any commer-
cial truck-tractor and/or semitrailer
parked in violation of the provisions
hereof shall be subject to the provi-
sions of section 13-2 of the Code of
Laws.
(3) Commercial wholesale greenhouses.
(4) Manufacturing, processing, warehousing
or a combination thereof of the following:
(a) Instruments of professional, scien-
tific, photographic, optical and other
similar uses.
(b) Electrical machinery, equipment and
supplies.
S 26-24 WHEAT RIDGE CITY CODE .
(c) Fountain and beverage dispensing (14) Broom factory.
equipment. (15) Cabinet and woodworking shops.
(d) Plywood, furniture and similar wood (16) Carting, express, hauling or storage yard. e
products.
(e) Small items, such as toys, clocks, (17) Carpet cleaning and fumigating.
jewelry, fountain pens, pencils and (18) Cereal mills.
plastic products. (19) Cheese factory.
(f) Transportation equipment. (20) Contractor's plant or storage yard.
(g) Candy. (21) Electrical motors and armature re-grind-
(h) Foods (processing and/or canning). ing shops.
(i) Glass and glass products. (22) Film developing plants.
(j) Other similar uses. (23) Ice plants.
(5) Printing, engraving and other related re- (24) Stone cutting or polishing works.
production processes. (25) Warehousing and outside storage in accor-
(6) Custom fabrication. dance with subsection (G)(2) hereof.
(7) Research laboratories, offices and other (26) Manufacture of vaccines, serums and tox-
facilities for research, both basic and ap- ins; provided, that an antidote exists and
plied, conducted by or for any individual, is readily available for such vaccine, se-
organization or concern, whether public rums or toxins; provided, further, that .
or private. approval of such manufacture is received
(8) Retail sales of any commodity that is from the state department of health and
manufactured, processed or fabricated only the county health department.
on the premises; and equipment, supplies (27) Outside storage of vehicles or parking of
and materials designed especially for use garbage trucks, when entirely enclosed
in agriculture, mining, industry, business, within an opaque fence. Auto salvage busi-
transportation, building and other con-
struction. nesses or junk yards are not allowed within
this subsection.
(9) Repair, rental and servicing of any com- (28) Kennels.
modity that the manufacture, fabrication,
processing or sale of which is permitted in (29) Manufacturing, fabrication and/or process-
the district. ing of concrete products.
(10) Schools for industrial or business train- (30) Mortuaries and crematories.
ing. (31) Other similar uses approved by city coun-
(11) Railroad facilities exclusive of yard, main- cil.
tenance and fueling facilities. Lot lines
abutting railroad rights-of-way shall have (F) Uses Prohibited. Due to 'the limited area
constructed upon them a fence of mini- .available for the following uses and the proximity
mum height of six (6) feet. to residential uses, the following uses are specif-
(12) Operations required to maintain or su p- ically prohibited. In no instance shall any use .
port any use permitted on the same tract listed below be interpreted as a similar use to a
or lot as a permitted use, such as mainte- permitted use:
nance shops, power plants, machine shops, (1) Wholesale or retail sale or storage of the
and the keeping of security animals. following: .
(13) Terminals for public transit vehicles. (al Live animals, except for kennels.
Supp. No. 18 1744
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.
ZONING AND DEVELOPMENT
. 26-24
(b) Explosives.
(c) Junk.
(d) Gasoline bulk storage exceeding two
thousand (2,000) gallons, including
storage for uses incidental or acces-
sory to any use permitted in this
. district.
(e) Explosive or highly corrosive chemi-
cals, such as metallic magnesium,
metallic sodium, metallic potassium
or elemental phosphorus.
(2) Basic manufacture of any of the following:
(a) Abrasives.
(b) Alcoholic beverages distillation.
(c) Animal products.
(d) Bone black.
(e) Fermented malt beverages.
(I) Carbon black and lamp black.
(g) Charcoal.
(h) Cinder or other blocks.
(i) Clay or clay products.
(j) Detergents, soaps and by-products
using animal fat.
Fermented fruit and vegetable prod-
ucts.
Gases, other than those used in ac-
cordance with subsection (G)(8)(c).
Concrete or cement.
Glue and size.
Gypsum and other forms of plaster
base.
Matches.
Metal ingots, pigs, sand castings,
sheets or bars.
Oils and fats, animal and vegetable.
Paper pulp and cellulose.
Portland and similar cements.
Turpentine.
Wax and wax products.
Other similar uses.
(k)
(1)
(m)
(n)
(0)
(p)
(q)
. (r)
(s)
(t)
. (u)
(v)
(w)
Supp. No. IS
(3) Manufacturing, fabrication and/or process-
ing of any of the following:
(a) Chemicals, heavy or industrial.
(b) Coal or coke.
(c) Insulation, flammable type.
(d) Paraffins, petroleum or petroleum
products.
(e) Paints, pigments, enamels, japans,
lacquers, putties, varnishes, whit-
ing, and wood fillers.
(I) Other similar uses.
(4) Meat slaughtering or rendering.
(5) Metals, extraction or smelting.
(6) Rubber manufacturing, processing or rec-
lamation.
(7) Sawmill or planing mill.
(8) Tanning.
(9) Wood preserving by creosoting or other
pressure impregnation of wood by preser-
vatives.
(10) Other similar uses.
(G) Performance Standards: The following stan-
dards and conditions shall apply to the develop-
ment, use, operation and maintenance of any
special use hereinafter approved, as well as to any
similar industrial use created prior to adoption of
this section. All environmental performance stan-
dards set forth are subject to the criteria estab-
lished in current federal, state or location regula-
tions, whichever criteria is most restrictive:
(1) Building enclosures. Every use shall be
operated in its entirety within a com-
pletely enclosed building unless other-
wise specifically approved.
(2) Outdoor storage and waste disposal:
(a) All outdoor storage or warehousing
facilities shall be enclosed by a view-
obscuring fence, wall and/or land-
scaping which fully conceals such
facilities from adjacent properties,
public streets and pedestrian ways.
Display of finished products for re-
tail sale on the premises may be
1744.1
~ 26-24
WHEAT RIDGE CITY CODE
(3)
allowed, as such would be allowed
and regulated in the C-1 and C-2
districts.
(b) No materials or wastes shall be de-
posited upon a lot in such a form or
manner that they may be moved
from the lot by natural causes or
forces.
(c) All materials or wastes which may
cause fumes or dust, constitute a fire
hazard, or may be edible or other-
wise attractive to rodents and/or in-
sects shall be stored only in closed
containers. .
(d) All toxic, corrosive, inflammable or
explosive liquids, gases or solids shall
be stored in compliance with the
currently adopted fire prevention
code, Environmental Protection
Agency standards, or similar stan-
dards or requirements adopted by an
agency of the State of Colorado.
Noise. Noise shall be measured on any
property line of the tract on which the
operation is located and shall be muffled
so as not to become objectionable due to
intermittence, beat frequently, shrillness
or intensity. Noise shall be regulated so as
to be in compliance with the Colorado
Noise Abatement Act, Colorado Revised
Statutes, ~ 25-12-101, as amended.
Odors. Odors from any use hereafter be-
gun shall not be discernible at the prop-
erty line to a greater degree than odors
from plants for the manufacturing or fab-
rications of books, textile weaves, elec-
tronic equipment or other plants in which
operations do not result in greater degree
of odors.
(4)
The values given in Table III (Odor Thresh-
olds) Chapter 5, "Physiological Effects," in
the "Air Pollution Abatement Manual," by
the Manufacturing Chemist's Association,
Inc., Washington, D.C., copyright 1951,
shall be used as standard in case of doubt
concerning the character of odor emitted.
In such cases, the smallest value given in
Table III shall be the maximum odor
Supp. No. 18
1744.2
permitted. Detailed plans for the preven-
tion of odors crossing property lines may
be required before the issuance of a build-
ing permit. Colorado Department of Health,
Air Quality Control Commission's cur-
rently adopted "Odor Emission Regula-
tion" shall be complied with when found
to be more restrictive than the values of
the "Air Pollution Abatement ManuaL"
(5) Glare and heat. Any operation producing
intense glare and/or heat, e.g. welding
conducted as a regular function of an
operation, shall be performed within an
enclosure in such a manner as to be
imperceptible along any lot line of such
operation without instruments.
(6) Exterior lighting. Any lights used for ex-
terior illumination shall be directed light
away from adjoining properties and be
subject to the provisions of section 26-30.
(7) Vibration. Vibration shall not be discern-
ible at any property line to the human
sense of feeling for three (3) minutes or
more duration in anyone (1) hour. Vibra-
tion at any time shall not produce an
acceleration for more than 0.1 gravities or
shall result in any combination of ampli-
tudes and frequencies beyond the "safe"
range of Table VII, United States Bureau
of Mines Bulletin No. 442, "Seismic Ef-
fects of Quarry Blasting," on any struc-
ture. The methods and equations of said
Bulletin No. 442 shall be used to compute
all values for the enforcements of this
provision.
(8) Emission control of smoke, dust and gases:
(a) Smoke: Smoke emissions and capac-
ity levels shall be regulated so as to
be in compliance with the currently
adopted Colorado Department of
Health, Air Quality Control
Commission's "Emission Control Reg-
ulations for Particulates, Smokes,
and Sulfur Oxides for the State of
Colorado."
(b) Dust and Other Particulates: fugi-
tive dust and other particulate mat-
ter from fuel-burning equipment,
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refuse-burning facilities, and manu- (6) Side yard setback:
facturing shall be controlled in accor- (a) Principal Permitted and Accessory
. dance with the Colorado Depart-
ment of Health, Air Quality Control Uses: Five (5) feet per story mini-
Commission's currently adopted mum, except as follows:
"Emission Control Regulations for l. Zero setback where structures
Particulates, Smokes, and Sulfur Ox- are constructed of masonry or
ides for the State of Colorado." nonflammable material and in
(c) Gases: Detailed plans~for the elimi- accordance with the Uniform
nation of fumes or gases may be Building Code.
required before the issuance of a 2. Thirty (30) feet where adjacent
building permit. Sulfur oxide emis- to a dedicated public street.
sions shall be governed by the above-
stated "Emission Control Regula- 3. Where a side yard abuts prop-
tions for Particulates, Smokes, and erty zoned residential, or where
Sulfur Oxides for the State of Colo- zoned Agricultural and there is
rado." a residential structure within
(9) Hazard. Any research operation shall be fifteen (15) feet of the commer-
carried on with reasonable precautions cial property, a five-foot-per-
against fire and explosion hazards. story landscape buffer and a
six-foot-high solid decorative
(10) Radiation control. Radiation and the uti- wall or fence shall be required
. lization of radioactive materials shall be adjacent to the property line.
regulated so as to conform with Colorado
Department of Health's currently adopted (b) Conditional and Special Uses: The
"Rules and Regulations Pertaining to Ra- minimum width of side yard shall be
diation Contro1." twenty-five (25) feet except as fol-
(11) Electrical radiation. Any electrical radia- lows:
tion shall not adversely affect at any point l. Thirty (30) feet where adjacent
any operations or any equipment other to a dedicated public'street.
than those of the creator of the radiation. Seventy-five (75) feet where a
Avoidance of adverse effects from electri- 2.
cal radiation by appropriate single or mu- side yard abuts property zoned
tual scheduling of operations is permit- Residential, or where zoned Ag-
ted. ricultural and there is a resi-
dential structure within twenty-
(H) Development and Use Regulations. five (25) feet of the industrial
(1) Maximum height. Fifty (50) feet. property. There shall be a six-
foot-high solid decorative wall
(2) Minimum lot area. No limitation, pro- or fence and ten (10) feet of
vided that all other requirements can be landscaping adjacent to the
met. property line.
(3) Maximum lot coverage. Ninety (90) per- 3. Where a side yard abuts a rail-
. cent. (See section 26-5 for definition.) road right-of-way, no side yard
(4) Minimum lot width. No limitations, pro- setback shall be required.
vided that all other requirements can be (7) Rear yard setback:
met.
. (5) Front yard setback. Fifty (50) feet mini- (a) Principal Permitted and Accessory
mum. Uses: Ten (10) feet for a one-story
Supp. No. IS
1744.3
* 26-24
WHEAT RIDGE CITY CODE
building and an additional five (5)
feet per each additional story there-
after, except as follows:
1. Any rear yard which abuts a
public street shall have a min-
imum setback of fifteen (15)
feet for all structures.
2. Any rear yard which abuts a
public alley shall have a mini-
mum setback for all structures
of five (5) feet from the edge of
the alley.
3. . Where a rear yard abuts prop-
erty zoned Residential, or where
zoned Agricultural and there is
a residential structure within
fifteen (15) feet ofthe commer-
cial property, a five-foot-per-
story landscaped buffer and a
six-foot-high solid decorative
wall or fence shall be required
adjacent to the property line.
(b) Conditional and Special Uses: The
minimum depth of a rear yard shall
be twenty (20) feet except as follows:
1. Thirty (30) feet where adjacent
to a dedicated public street.
2. Seventy-five (75) feet where a
side yard abuts property zoned
Residential, or where zoned Ag-
ricultural and there is a resi-
dential structure within twenty-
five (25) feet of the industrial
property. There shall be a six-
foot-high solid decorative wall
or fence and ten (10) feet of
landscaping adjacent to the
property line.
3. Where a rear yard abuts a rail-
road right-of-way, no rear yard
setback shall be required.
(8) Parking requirements. See section 26-31.
(9) Landscape requirements. See section 26-
32.
(10) Fencing requirements. See section 26-
30(1).
Supp. No. 18
(11) Sign requirements. See the Code of Laws,
Chapter 26, Article IV.
(Ord. No. 1989-801, ~ 6, 7-24-89; Ord. No. 1990--
827, ~ 1,4-9-90; Ord. No. 1996-1052, ~ 4, 10-14-96;
Ord. No. 1996-1053, ~ 3, 0-14-96)
Sec. 26.25. Planned development districts.
(1) SCOPE
There is hereby created a Planned Develop-
ment District to further promote the public health,
safety and general welfare by permitting greater
flexibility and innovation in land development
based upon a comprehensive, integrated plan. For
the purpose of applying certain regulations and
standards, and to ensure maximum flexibility of
this district, the district is divided into the follow-
ing subdistrict designations, based on the pri-
mary larid use of a proposed development plan or
portion thereof:
(A) Planned Residential Development-PRD.
(B) Planned Commercial Development-PCD.
(C) Planned Industrial Development-PID.
(D) Planned Mobile Home Development-
PMHD.
(E) Planned Recreational Vehicle Park Devel-
opment-PRVD. -
(F) Planned Hospital Development-PHD.
By creating the above subdistricts, the city coun-
cil recoguizes that all standards and regulations
do not apply uniformly to all land uses. These
subdistricts may exist singly or in combination
within any approved planned development; pro-
vided, that the specific standards and regulations
applicable to the subdistrict are met.
(II) INTENT AND PURPOSE
(A) The intent of the Planned Development
District is to promote the establishment of well-
designed, innovative developments which may
not be permitted by a standard zone district,
however, which may be permitted through the use
of an approved development plan by assuring
greater control and specificity of intended devel-
opment character, use, operations and mainte-
nance, while at the same time allowing flexibility
and diversity. This district recognizes the great
1744.4
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ZONING AND DEVELOPMENT
~ 26-25
variety of land use intensities, densities, and
environmental and land use interfaces which are
possible. The protective standards for site use,
development, operations and maintenance con-
tained herein are intended to minimize any ad-
verse effect of the planned development to the
community by achieving maximum compatible
integration of land uses, by assuring adequate
provision of public services and facilities, by pre-
serving the aesthetic qualities of the area, and by
providing for safe and efficient use of the land
resource itself. It is the specific intent and require-
ment that all land under consideration for a
planned development designation and all land so
zoned shall be and remain under unified control
throughout the planning and development phases,
as well as after development through continuous
operation, use and maintenance. "Unified con-
trol," for purposes of this section, shall mean that
the property shall be:
(1) Subject to a single ownership, either by
an individual, corporation, partnership or
other legally recognized entity; or
(2) Subject to a comprehensive management
agreement, or other form of agreement
(which shall be denominated a "Unified
Control State"), which specifies that a
distinct person or entity possesses and
maintains the authority to make binding
commitments on behalf of and thereafter
to enforce implementation of those com-
mitments upon and on behalf of the own-
er(s) of the property.
(B) Said unified control shall be required to be
in place and maintained:
(1) Throughout the application process to ob-
tain a Planned Development District zon-
ing designation; and
(2) Throughout construction and/or develop-
ment of the property so zoned; and
(3) For so long as the property is zoned and/or
used as a planned development.
(C) Unified control is vital to the city to ensure
that planned development projects are developed
according to their original concept as approved
and adopted by the city, and so that said projects,
Supp. No. 20
once developed, continue to be operated and main-
tained in accordance with the original concept as
approved and adopted by the city council.
(D) Unified control shall be achieved through a
written unified control statement, which shall be
approved by the city council as part of the ap-
proval of the outline development plan.
(E) The general purposes of this section are as
follows:
(1) To accomplish compatible development
with adjacent commercial, residential
and/or industrial land uses through proper
land use transitions and buffering tech-
niques.
(2) To promote flexibility in design and per-
mit diversification in the location of struc-
tures.
(3) To promote the efficient use of land to
facilitate a more economic arrangement of
building, circulation systems, land use
and utilities.
(4) To preserve, to the greatest extent possi-
ble, the existing landscape features and to
minimize impacts on other natural fea-
tures of the site.
(5) To provide for more usable space through
the combination and grouping of struc-
tures, parking, loading and storage areas.
(6) To combine and coordinate architectural
styles, building forms and building rela-
tionships within the planned develop-
ments.
(7) To minimize traffic congestion on public
streets,' control street access, and to pro-
vide for well-designed interior circulation.
(8) To ensure that adequate public utilities
and facilities are available within the
area, to serve the specific development.
(9) To promote conformance with the adopted
comprehensive plan, established policies
and guidelines for the area and for the
community.
1745
~ 26-25
WHEAT RIDGE CITY CODE
(III) APPLICABILITY
(A) A Planned Development District of any
nature (private, public or quasi-public) may be
approved for any single use or any combination of
uses; provided, that the intent and purposes of
this Section are met, and provided that the gen-
eral health, safety and welfare ofthe community
are advanced through its approval.
(B) The provisions herein contained shall ap-
ply to the following:
(1) . Any new application for a rezoning to a
Planned Development District.
(2) Any application for amendment to an ex-
isting Planned Residential (PRD), Planned
Commercial (PCD), Planned Industrial
(PlD), Planned Mobile Home (PMHD) or
Planned Recreational Park (PRVD) Devel-
opment District approved by the City of
Wheat Ridge prior to the date of adoption
of these provisions.
(3) Any application for amendment to an ex-
isting Planned Development District ap-
proved by Jefferson County prior to incor-
poration or annexation.
(IV) USE AND DEVELOPMENT REGULATIONS
(A) General Regulations: Each Planned Devel-
opment District establishes its own list of permit-
ted uses, as well as development and use stan-
dards and requirements, and such are specifically
set forth in the development plan and reviewed by
the planning commission and approved by city
council. However, approval of uses stated in the
outline development plan constitutes tentative
approval only of the uses so stated. The planning
commission and/or city council specifically retains
jurisdiction to limit the approved uses to be made
of, and on, the property at the time of final
development plan approval upon an expressed
finding, based upon evidence deemed persuasive
and adequately appearing in the record of the
public hearing before either the planning commis-
sion or the city council, that the uses so limited or
denied are incompatible with uses made on sur-
rounding properties or elsewhere within the
Planned Development District; or such uses as
proposed would create excessive traffic, noise or
Supp. No. 20
air pollution; or that such uses would result in a
density or intensity of use which would be dam-
aging or deleterious to the stability, unified oper-
ation or integrity (both economic and aesthetic) of
the surrounding area.
Approval of the outline development plan shall
not be construed to be approval of a preliminary
development plan or a final development except
in respect to general concept.
In reviewing a specific request to establish a
Planned Development District, or amendment to
an existing one, the planning commission and city
council shall consider standards for similar uses
in other Wheat Ridge zone districts, unless other-
wise specifically provided herein. Requirements
for setback, lot coverage, height, density, area,
buffering, landscaping, signage, etc., may be more
or less restrictive than such requirements in
similar zone districts, based upon findings ofthe
planning commission and city council which con-
sider a combination of factors, including, but not
limited to, type and intensity of uses proposed,
size and shape of parcel, location, adjacent uses,
adequacy of public facilities, etc.
It is the intent of this district to provide a
means for allowing innovation and flexibility in
design and use of specific sites, but the provisions
of this district shall not be used merely to circum-
vent the absolute standards of other similar dis"
tricts.
(B) Specific Regulations:
(1) Planned Residential Developments (PRD):
(a) Allowable Uses: The following uses
hereinafter listed shall be permitted
only as specifically designated on
the approved final development plan:
1. All permitted uses and acces-
sory uses in the residential dis-
tricts.
2. The following retail service uses
may be included within a PRD
subject to the conditions set forth
in subsection (k):
a. Barber and beauty shops.
b. Drugstore and pharma-
cies.
1746
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ZONING AND DEVELOPMENT
c. Grocery store, convenience-
type, limited to five thou-
sand (5,000) square feet
maximum.
d. Laundry and dry cleaning
pickup, and coin-operated
laundry establishments.
e. Office for sales, lease or
other use reasonably asso-
ciated with the Planned
Residential District.
f. Other uses approved by
the zoning administrator
as being similar in charac-
ter and impact to those
uses specifically permit-
ted under this section
when consideration is
given to traffic impact and
parking needs associated
with the recommended
use.
3. Accessory uses and structures
customarily associated with the
permitted uses as shown on the
approved plan.
(b) Area: Each Planned Residential De-
velopment District shall be a mini-
mum of one (1) acre.
(c) Density: Maximum sixteen (16) dwell-
ing units per acre.
(d) Height: Maximum thirty-five (35) feet.
(e) Perimeter Setbacks: Setback require-
ments for buildings adjacent to the
perimeter of a Planned Residential
Development District shall be estab-
lished using setback regulations es-
tablished in standard Wheat Ridge
Residential Zone Districts. Excep-
tions to those standards may be ap-
proved by city council, based upon a
finding that a lessor setback would
not be detrimental to the use and
enjoyment of adjacent properties,
would not negatively affect neighbor-
hood property values, and would not
be otherwise injurious to the public
health, safety and welfare.
Supp. No. 20
~ 26-25
(f) Lot Coverage: Maximum seventy-
five (75) percent. (See section 26-5
for definition.)
(g) Landscaping: Minimum twenty-five
(25) percent. (See section 26-32.)
(h) Parking: Based upon specific uses.
(See section 26-31.)
(i) Fences and Walls: As specifically de-
tailed on an approved Final Devel-
opment Plan, otherwise follow re-
quirements of section 26-30(1).
0) Signage: As specifically detailed on
and approved on final development
plan, otherwise follow requirements
of Chapter 26, Article IV.
(k) Commercial Use Conditions:
1. . Commercial uses shall be al-
lowed ouly where specifically
approved in a final develop-
ment plan.
2. Commercial uses, including all
associated land used for build-
ing space, parking and landscap-
ing, shall not exceed twenty-
five (25) percent of the gross
area included within a particu-
lar Planned Residential Devel-
opment District.
3. Land used for commercial uses
shall be calculated separately
and may not be included in the
land area used to calculate the
maximum of siXteen (16) resi-
dential units per acre. To en-
sure this, where commercial
uses are a part of a Planned
Residential Development, the
area used for commercial pur-
poses shall be clearly delin-
eated on the plan, including
areas used for parking, ingress,
egress, landscaping, etc. If the
commercial uses are part of a
generally residential building,
or for other reasons cannot be
clearly separated from the res-
idential areas, the land attrib-
1747
~ 26-25
WHEAT RIDGE CITY CODE
utable to the commercial use
shall be considered to be the
building square footage occu-
pied by commercial uses, the
required parking, and a propor-
tionate share of the common
areas, such as ingress-egress,
landscaping, roadways, etc.
Commercial ventures solely for
the use of the residents, such
as food service, laundry facili-
ties, etc., shall be considered an
amenity rather than a commer-
cial use, and the land and build-
ings occupied by such uses are
not required to be subtracted
from the total acreage before
computing the maximum of six-
teen (16) residential units per
acre.
(l) The requirements of this section 26-
25(IV)(BX1) shall not apply to im-
pose a density requirement of less
than twenty-one (21) units per acre,
with respect to the reconstruction of
residential dwelling in the PRD dis-
trict, where such structures and their
reconstruction meet all of the follow-
ing requirements: (1) the structure
was legally in existence on Septem-
ber 8, 1997, (2) the structure is lo-
cated upon a lot which does not meet
the then-applicable minimum lot area
and/or minimum land area per unit
requirements for such proposed re-
construction, and (3) such reconstruc-
tion is restricted to replacement of
the structure which has been de-
stroyed. This exemption shall not
apply to: (1) new construction where
no replacement of a pre-existing struc-
turetakesplaceor(2)reconstruction
of structures which were not legally
in existence (as distinguished from
legal nonconforming structures).
Supp. No. 20
(m) Intent and Purpose*: The intent of
the following design and develop-
ment standards is to encourage the
creation of safe, adequate and attrac-
tive development, establish quality
appearance, and to minimize views
of unattractive uses or activities
through use of sound design princi-
ples and establishment of minimum
requirements. The standards set forth
herein have been conceived to en-
hance the compatibility of dissimilar
uses and increase property values.
Site Design Requirements:
1. All new development shall be
designed in a way that respects
existing development on adj a-
cent sites. This can be achieved
by addressing the following:
. Compatible building mass-
ing and scale; special at-
tention shall be given when
new development is adja-
cent to existing residen-
tial;
. Provision for consolidat-
ing access points with
abutting properties
through joint access ease-
ments or other negotiated
means;
. Provision for making side-
walks, pedestrian paths
and bicycle paths contigu-
ous with abutting proper-
ties in all instances where
pedestrian amenities are
present;
2. All development shall be de-
signed so that for the given
location, egress points, grading
"Editor's note-Ord. No. 1997-1097, adopted Sept. 22,
1997 edded a new paragraph (I) Ie ~ 26-25 (IV)(B)(1). Inas-
much as Ord. No. 1997-1092, adopted Sept. S, 1997, already
added paragraph (I), the editor has added these new provi-
sions as (m).
1748
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Supp. No. 20
ZONING AND DEVELOPMENT
and other elements of the de-
velopment could not be reason-
ably altered to:
. Minimize adverse impacts
on any existing residence
or area zoned for residen-
tial use;
. Reduce disruption to the
existing terrain, vegeta-
tion, habitat areas or other
natural site features;
. Reduce or consolidate the
number of access points
onto a Class 2, Class 3, or
Class 4 arterial or collec-
tor street as defined in the
adopted Roadway Classi-
fication Standards for the
City of Wheat Ridge;
. Improve pedestrian, bicy-
cle and vehicle safety
within the site and from
the site to adjacent uses
or streets;
. Improve pedestrian and bi-
cycle connections within
the site and from the site
to adjacent uses;
. Provide additional living
landscaping and site amen-
ities;
. Preserve existing land-
scaping and site ameni-
ties;
. Reduce the visual intru-
sion of parking areas, stor-
age areas and similar ac-
cessory areas and
structures.
3. All development including build-
ings, walls and fences shall be
so sited to:
. Preserve drainage ways in
as natural state as possi-
ble without channeliza-
tion or engineered struc-
tures or as required by
other agencies;
1748.1
~ 26-25
.
Complement existing res-
idential development in
scale and location;
Ensure compatibility by
the use of adequate set-
backs, landscaping, barri-
ers or transition zones, and
building height consider-
ations;
Provide an adequate sys-
tem of pedestrian and bi-
cycle pathways and walk-
ways in conformance with
the City of Wheat Ridge's
adopted Parks and Recre-
ation Plan as well as the
Jefferson County Open
Space Plan;
Have exterior walls of all
primary structures de-
signed on a pedestrian
scale by;
o Fragmenting them
into smaller or mul-
tiple planes;
o Providing adequate
vertical landscaping
and berming;
o Placing wall texture
or architectural re-
lief at eye-level;
and/or
o Clustering small
scale elements such
as planter walls
around the primary
structure.
Insure that ground floor
uses, if a commercial com-
ponent for the general pub-
lic is included, are ori-
ented toward . the
pedestrian with storefronts
that open onto the street
as well as other pedes-
trian oriented spaces,
Provide a landscaped area
at least ten (10) feet wide
.
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.
~ 26-25 WHEAT RIDGE CITY CODE
containing dense planting street lighting circuits, except .
between the front prop- hereinafter provided, to be in-
erty line of any use and stalled underground.
any outdoor parking or ser- (2) Planned Commercial Developments (PCD): .
vice areas; (a) Allowable Uses: The following uses
. To discourage gated or en- hereinafter listed shall be permitted
closed communities; only as specifically designated on
0 Preserve and enhance pan- the approved final development plan:
oramic views by consider- 1. Any use permitted in the Com-
ing the relationship of mercial-One (C-1) or Commer-
buildings to natural grades cial-Two (C-2) districts.
and landscaping to frame 2. Residential uses as approved
and enhance view com- by city council and subject to
dors. the conditions set forth in sub-
4. Minimize conflict between ser- section (B)(2)(j).
vice vehicles, private automo- 3. Accessory uses and buildings
biles, bicycles, and pedestrians customarily associated with al-
within the site. low able uses, as shown on the
5. The following design features approved plan.
or use attributes should be con- (b) Area: Each Planned Commercial De-
sidered as conditions of devel- velopment District shall be a mini-
opment approval; mum of one (1) acre.
0 Outdoor seating areas (c) Height: Commercial structures shall .
. Useable landscaped, open not exceed fifty (50) feet; residential
structures shall not exceed thirty-
and/or recreational spaces five (35) feet; residential uses 10-
0 Affordable housing cated within a commercial structure
. Assisted living facilities shall not be permitted above thirty-
. Pathways to civic uses and five (35) feet.
amenities (d) Perimeter Setbacks: Setbacks require-
. Parking placed totally be- ments for buildings adjacent to the
hind the primary struc- perimeter of a Planned Commercial
ture, below grade, in a Development District shall be estab-
parking structure or Jim- lished using setback regulations es-
ited to one side of the build- tablished in standard Wheat Ridge
ing Commercial Zone districts. Excep-
0 Parking shall be located tions to those standards may be ap-
prnved by city council, based upon a
so as to be aesthetically finding that a lesser setback would
pleasing and unobtrusive not be detrimental to the use and
to residents and adjacent enjoyment of adjacent properties,
properties would not negatively affect neighbor-
6. All streets and pedestrian paths hood property values, and would not
shall provide access to existing be otherwise injurious to the public .
or planned thoroughfares with health, safety and welfare.
consideration for safety. (e) Lot Coverage: Maximum ninety (90)
7. All electric, communication util- percent. (See section 26-5 for defini- .
ity lines and services, and all tion.)
Supp. No. 20 1748.2
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Supp. No. 20
ZONING AND DEVELOPMENT
~ 26-25
(f)
Landscaping: Minimum ten (10) per-
cent. (See section 26-32.)
Parking: Based upon specific uses.
(See section 26-31.)
Fences and Walls: Ai; specifically de-
tailed on approved final develop-
ment plan, otherwise follow require-
ments of section 26-30(1).
Signage: As specifically detailed on
an approved final development plan,
otherwise follow requirements of
Chapter 26, Article IV.
Residential Use Conditions:
1. Residential uses shall not ex-
ceed thirty-five (35) feet in
height.
2. Residential uses, including as-
sociated parking, land used for
buildings, landscaping, etc.,
shall not exceed twenty-five (25)
percent of the gross area in-
cluded within a particular
Planned Commercial Develop-
ment District.
3_ Where residential uses are part
of a Planned Commercial De-
velopment, the land used for
commercial uses shall be calcu-
lated separately, and may not
be included in the land area
used to calculate the maximum
of twenty-one (21) units per acre
mandated by the Wheat Ridge
Home Rule Charter. To ensure
this, where residential uses are
part of a Planned Commercial
Development, the area used for
commercial purposes shall be
clearly delineated on the plan,
including areas used for park-
ing, ingress, egress, landscap-
ing, etc. If the commercial and
residential uses are mixed in
the same building or for other
reasons cannot be clearly sepa-
rated from the residential area,
the land attributable to the com-
(g)
(h)
(i)
(j)
mercial use shall be considered
to be the building square foot-
age occupied by commercial
uses, the required parking, and
a proportionate share of the
common areas, such as ingress-
egress, landscaping roadways,
etc. Commercial ventures solely
for the use of residents, such as
food service, laundry facilities,
etc., shall be considered an ame-
nity rather than a commercial
use, and the land and buildings
occupied by such uses are not
required to be subtracted from
the total acreage before comput-
ing the maximum of twenty-
one (21) units per acre.
(3) Planned Industrial Development (PID):
(a) Allowable Uses: The following uses
hereinafter listed shall be permitted
only as specifically designated on
the approved final development plan:
1. Any use permitted in the Light
Industrial (I) District.
2. Other uses approved by the zon-
ing administrator which are
similar in character and impact
to those uses specifically per-
mitted under this section when
consideration is given to the
intent and purpose of this sec-
tion.
3. Accessory uses and buildings
customarily associated with al-
lowable uses.
(b) Area: Each Planned Industrial De-
velopment District shall be mini-
mum of one (1) acre.
(c) Height: Maximum fifty (50) feet.
1748.3
ZONING AND DEVELOPMENT ~ 26.25
e All outdoor storage facilities shall
(d) Perimeter Setbacks: Setback require. a.
ments for buildings adjacent to the pe- be enclosed by a view-obscuring
rimeter of a Planned Industrial Devel. fence, wall and/or landscaping
opment District shall be established which fully conceals such facilities
using setback regulations set forth in from adjacent properties, public
the Light Industrial CD Zone District streets and pedestrian ways. Dis-
(section 26-24.). Exceptions to those play of finished products for retail
standards may be approved by city sale on the premises may be al-
council, based upon a finding that a lowed, as such would be allowed
lesser setback would not be detrimental and regulated in the C-l and C-2
to the use and enjoyment of adjacent districts.
properties, would not negatively affect b. No materials or wastes shall
neighborhood property values, and
would not be otherwise injurious to the be deposited upon a lot in such
public health, safety and welfare. a form or manner that they
(e) Lot Coverage:Maximum ninety (90) may be mnved from the lot by
percent. (See section 26.5 for defmi. natural causes or forces.
tion.) c. All materials or wastes which
CD Landscaping: Minimum ten (10) per- may cause fumes or dust, con.
cent. (See section 26.32.) stitute a fire hazard, or may
(g) Parking: Based upon specific uses. (See be edible or otherwise attrac-
section 26-31.) tive to rodents and/or insects
(h) Fences and Walls: AE, specifically de- shall be stored only in closed
e tailed on approved final development containers.
plan, otherwise follow requirements of d. All toxic, corrosive, inf1am-
section 26-30(1). mable or explosive liquids,
(i) Signage: As specifically detailed on ap- gases or solids shall be stored
proved final development plan, other- in compliance with the cur-
wise follow requirements of Chapter 26, rently adopted fire prevention
Article IV. code, Environmental Protec-
Gl Performance Standards: The following
standards and conditions shall apply tinri Agency standards, or
to the development, use, operations and other similar standards or reo
maintenance of any Planned Industrial quirements adopted by an
District hereinafter created, as well as agency of the State of Colo.
to any Planned Industrial District ere- rado.
. ated prior to adoption of this section. 3. Noise. Noise shall be measured on
All environmental performance stan- any property line of the tract on
dards set forth are subject to the cri- which the operation is located and
teria established in current federal, shall be muffled so as not to be-
state or local regulations, whichever come objectionable due to intermit-
criteria is most restrictive. tence, beat frequently, shrillness
1. Building enclosures. Every use or intensity. Noise shall be regu-
shall be operated in its entirety lated so as to be in compliance with
within a completely enclosed the Colorado Noise Abatement Act,
. building unless otherwise specifi- Colorado Revised Statutes, ~ 25.
cally provided by the approved 12.101, as amended.
fmal development plan. 4. Odors. Odors from any use here-
e 2. Outdoor storage and waste dis- after begun shall not be discern-
posal:
Supp. No.5
1749
926-25 WHEAT RIDGE CITY CODE e
ible at the property line to a three (3) minutes or more duration
greater degree than odors from in anyone (1) hour. Vibration at
plants for the manufacturing or any time shall not produce an ac-
fabrications of books, textile celemtion for more than 0.1 grav-
weaves, electronic equipment or ities or shall result in any combi-
other plants in which operations nation of amplitudes and
do not result in greater degree of frequencies beyond the "safe"
odors. range of Table VII, United States
The values given in Table III (Odor Bureau of Mines Bulletin No_ 442,
"Seismic Effects of Quarry
Thresholds), Chapter 5, "Physio- Blasting," on any structure. The
logical Effects," in the "Air Poilu- methods and equations of said Bul-
tion Abatement Manual," by the letin No. 442 shall be used to com-
Manufacturing Chemist's Associa- pute all values for the enforce-
tion, Inc., Washington, D.C., copy- ments of this provision.
right 1951, shall be used as stan- 8. Emission control of smoke, dust
dard in case of doubt concerning and gases:
the character of odor emitted. In
such cases, the smallest value a. Smoke. Smoke emissions and
given in Table III shall be the max- opacity levels shall be regu-
imum odor permitted. Detailed late so as to be in compliance
plans for the prevention of odors with the currently adopted
crossing property lines may be re- Colorado Department of
quired before the issuance of a Health, ,illr Quality Control e
building permit. Colorado Depart- Commission's ('Emission Con.
ment of Health, Air Quality Con- trol Regulations for Particu-
trol Commission's currently lates, Smokes, and Sulfur Ox-
adopted "Odor Emission ides for the state of Colorado."
Regulation," shall be complied b. Dust and other particulates.
with when found to be more restric. Fugitive dust and other par-
tive than the values of the "Air ticulate matter from fuel-
Pollution Abatement Manual." burning equipment, refuse-
5_ Glare and heat. Any operation pro- burning facilities, and
ducing intense glare and/or heat, manufacturing shall be con-
e.g. welding conducted as a reg- trolled in accordance with the
ular function of an operation, shall Colorado Department of
be performed within an enclosure Health, Air Quality Control
in such a manner as to be imper- Commission's currently
ceptible along any lot line of such adopted "Emission Control
operation without instruments, Regulations for Particulates,
and shall meet the requirements Smokes, and Sulfur Oxides for
of section 26-30(S). the State of Colorado."
6. Exterior lighting. Any lights used c. Gases. Detailed plans for the
for exterior illumination shall di- elimination of fumes or gases
rect light away from adjoining may be required before the is-
properties, and shall meet the re- suance of a building permit.
quirements of Section 26-30(S). Sulfur oxide emissions shall be
7. Vibration. Vibration shall not be governed by the above-stated
discernible at any property line to "Emission Control Regula- e
the human sense of feeling for tions for Particulates, Smokes,
Supp. No. 5
1750
ZONING AND DEVELOPMENT
!i 26.25
e
and Sulfur Oxides for the
State of Colorado."
9. Hazard. Any research operation
shall be carried on with reason-
able precautions against fire and
explosion hazards.
10. Radiation control. Radiation and
the utilization of radioactive ma-
terials shall be regulated so as to
conform with Colorado Depart-
ment of Health's currently adopted
"Rules and Regulations Pertaining
to Radiation Control."
11. Electrical radiation. Any electrical
radiation shall not adversely af-
fect at any point any operations or
any equipment other than those of
the creator of the radiation. Avoid-
ance of adverse effects from elec-
trical radiation by appropriate
single or mutual scheduling of op-
erations is permitted.
(4) Planned Mobile Home District (PMD):
(a) Allowable Uses: The following uses
hereinafter listed shall be permitted
only as specifically designated on the
approved [mal development plan:
1. Mobile homes which are used or
intended to be used as a single-
family residence upon the pre-
mises. General sales of mobile
homes shall not be permitted; how-
ever, sale of used mobile homes
which have been established as a
residence in the district will be per-
mitted.
2. Single-family dwelling for park
owner, operator and/or caretaker.
3. Accessory uses and buildings cus-
tomarily associated with and inci-
dental to a mobile home park. This
may include service uses, such as
a laundry, or retail sales of conve-
nience items where it is shown that
such service or retail use is exclu-
sively provided to serve the needs
of the mobile home park occupants.
e
e
Supp. No.5
1751
(h) Area and Density: The minimum site
requirement for a mobile home park
site shall not be less than ten (10) acres.
Each mobile home lot shall contain a
minimum of three thousand (3,000)
square feet except lots for double-wide
mobile homes, where there shall be a
minimum lot area of four thousand
(4,000) square feet. In no case shall the
density of a mobile home park exceed
nine (9) units per acre.
(c) Height:
1. The maximum height of mobile
homes and accessory structures is
twenty (20) feet.
2. Permanent residence for park man-
agement or park resident use only
shall not exceeded thirty-five (35)
feet in height.
(d) Width of Lot: The minimum width of
lot for each mobile home shall be forty
(40) feet except for lots for double-wide
mobile homes, where there shall be a
width of fifty (50) feet. The minimum
width of lots on curved drives or cul-
de.sacs shall have an average width of
not less than forty (40) feet.
(e) Setbacks: All mobile homes, recre-
ational coaches and accessory build-
ings shall be set back not less than ten
(10) feet from all perimeter property
lines, except the front or any other yard
abutting a public street shall be at least
twenty (20) feet, and the yard space so
formed shall be landscaped. Greater
yards or setbacks may be required
where, in the opinion of the planning
commission and/or city council, such
yards or setbacks are necessary due to
the topographic conditions, grading,
drainage and/or protection of adjacent
property. No part of any mobile home
shall be located within any yard of a
required setback area.
(D Yard Requirements: Mobile homes
shall be located so that there is at least
twenty.five (25) feet of separation be-
tween any other mobile home on an
adjacent lot. Accessory structures shall
~ 26-25 WHEAT RIDGE CITY CODE
be located so that there is at least ten height above grade shall be erected e
(10) feet of separation between any along the property lines which
other accessory structure or mobile abut other properties and twenty
home on an adjacent lot. No mobile (20) feet from property abutting
home (including the hitch) or accessory public rights.of.way, so that the
structure shall be located within five landscape area is between the
(5) feet from an interior lot line, road or street and fence. Walls on right-
walk. There shall be at all times ade- of-way corners shall be constructed
quate vision at intersections to pre. to allow for line of sight on the
clude obstruction to view. rights-of-way and in accord with
(g) Site and Lot Coverage: Overalllot cov. this Zoning Ordinance. Such wall
erage within a mobile home park shall shall be landscaped with suitable
not exceed seventy.five (75) percent. Ad- materials along both sides of such
ditionally, lot coverage of an individual wall for the total length of wall ex-
mobile home lot shall not exceed ninety isting along right.of.way. Walls
(90) percent. used on property lines not adja.
(h) Landscaping: In addition to landscape cent to streets or roads shall be
areas required under subsection (e) landscaped on the park side and
above, the total mobile home park shall permitted with the approval of the
be provided with at least twenty-five adjacent property owners. The or-
(25) percent landscape area, and each namental wall and landscape ma-
mobile home lot shall be provided with terials shall be acceptable to the
at least ten (10) percent landscape area. planning commission and city
There shall be provided at least two (2) council. The remaining areas shall e
deciduous trees for each mobile home be landscaped and maintained
lot. There shall also be provided at the with a well-kept lawn or other ma.
front or rear of the lots at least one (1) terials acceptable to the planning
evergreen tree for every three (3) lots. and city council and shall .be con-
All landscaping required herein shall tinually maintained in a healthy
meet the minimum size and mainte- growing, neat and orderly condi.
nance requirements of section 26-32. tion.
(i) Enclosure of Mobile Home Park: The G) Addressing and Internal Location
following provisions are applicable, in System: Mobile home parks shall be ad.
providing buffers between mobile home dressed to the street from which pri-
parks and adjoining properties and mary access is obtained. The entire mo-
abutting public rights-of-way: bile home park shall have one address,
with each lot being designated by unit
1. A greenbelt planting strip of not number (e.g., John Q. Citizen, Unit 27,
less than twenty (20) feet in width 7600 West 29th Avenue, Wheat Ridge,
shall be placed along the perim- CO 80033).
eter of the park where it abuts
public rights-of.way or any other A location map shall be placed at all
property. The greenbelt shall be de- entrances to the mobile home park,
veloped with a mixture of hardy which illustrates the internal road
deciduous and coniferous plant ma- system, location of common facilities
terial, grass or ground cover, and and buildings, manager's office, and
maintained thereafter in a neat each mobile home site. Each lot shall
and orderly manner. be designated by consecutive numbers.
2. In addition, a continual orna. Where there is more than one (1) con-
mental wall or fence six (6) feet in tinuous road serving the park, the var- e
Supp. No.5
1752
, ~
ZONING AND DEVELOPMENT ~ 26-25
e
ious roads should be designated as loops walks, such as from mobile homes
(e.g., Loop A., Loop D, etc.). to service buildings and along road
Jk) Performance Standards and Require. and driveways, shall be at least
menta: Any person desiring to enlarge four (4) feet in width. Walks used
or establish a mobile home park shall in common by one (1) to three (3)
meet or exceed the design standards as units, connecting the units to a
herein set forth: common area or primary walk,
shall be at least thirty (30) inches
1. Access. All mobile home parks in width. Walks may be required
shall have access to a collector on only one (1) side of drives
street if directly abutting thereon. leading to service areas.
Parks not abutting a collector 4. Utilities and other services:
street shall show several direct All sanitary sewage utilities
routes to a collector street in order a.
that the traffic is dispersed along and water facilities, including
several routes. connections provided to indi-
2. Vehicle travel lanes. All roads and vidual lots, shall meet the re-
driveways shall be hard-surfaced quirements of the applicable
and so constructed as to handle all water and sanitation district
anticipated peak loads, adequately operating within the city
drained and lighted for safety and limits of Wheat Ridge and the
ease of movement of vehicles. Min- Jefferson County Health De-
imum pavement widths shall be partment.
e twenty (20) feet for two-way roads b. The plumbing connections to
with no on.street parking allowed, each mobile home lot shall be
twelve (12) feet for one-way roads constructed so that all lines
with no on-street parking allowed, are protected from freezing,
and ten (10) feet for all driveways. from accidental bumping or
The mobile home park road system from creating any type of nui-
should be so designed as to pre- sance or health hazard.
vent the use of such roads for c. An adequate amount of cu.li-
through traffic. The entire width nary water shall be piped to
of the vehicle travel lanes shall be each mobile home lot. The
surfaced with approved materials water distribution system
and designed on a suitable road shall be acceptable to the
base as approved by the city engi- water organization servicing
neer. Concrete curb and gutters such park.
shall be placed along both sides of d. A drainage plan shall be sub-
all roads. Type of curbs and gut- mitted to the city and ap-
ters shall reflect topographic con- proved by the city engineer.
ditions and road design. Walkways Drainage facilities shall be
may be required on one (1) or both constructed so as to protect
sides of roads providing access to those that will reside in the
park. Approval of the design for mobile home park as well as
road system, curb and gutter, and the property owners adjacent
walkways will be subject to the city to the park.
engineer's approval. e. All electric, telephone and
3. Walkways. Public walks shall be other lines from supply poles
e provided on the public street side to each mobile home lot shall
nf each mobile home site. All public be underground. When meters
Supp. No.5
1753
~ 26-25 WHEAT RIDGE CITY CODE
are installed, they shall be uni- with a gravel pad acceptable to the e
formly located. department of public works for
f. Fuel, oil and propane gas each location and shall be treated
storage and distribution sys- to prevent the growth of weeds, or
terns shall be located and de. a concrete pad, mat or platform not
signed in conformance with less than four (4) inches in thick-
applicable state and city codes, ness, or of equal bearing strength
and shall be reviewed and ap- if reinforced [concrete] is used.
proved by the fire department.
When separate meters are in- Minimum pad dimensions for
stalled, each shall be located single mobile homes shall be
in a uniform manner. twelve (12) feet by fifty (50) feet;
g. Facilities for the storage and minimum pad dimensions for
disposal of trash and garbage double-wide mobile homes shall be
in a sanitary manner shall be twenty.four (24) feet by fifty (50)
provided in each park. feet. Anchor rings shall be pro-
h. When exterior television an- vided every fifteen (15) feet in the
tenna installation is neces- parking pad, the design of which
sary, a master antenna shall shall be approved by the building
.be installed and extend to in- inspector.
dividual units by underground 6. Fire extinguishing equipment.
lines. Such master antenna Every mobile home park shall be
shall be so placed as not to be equipped at all times with fire ex-
a nuisance to park residents tinguishing equipment in good e
or surrounding areas. working order of such type, size
i. Yard lights, attached to stan- and number and shall be so located
dards approved by the city, within the park as to satisfy appli-
shall be provided in sufficient cable regulations of the appro-
number and intensity to priate fire district.
permit the sale movement of 7. Storage sheds. Each mobile home
vehicles and pedestrians at lot shall be provided with one (1)
night, and shall be effectively storage shed constructed of metal
located to buildings, trees, or other suitable material, which
walks, steps and ramps; how. shall be uniform as to size and 10-
ever, these yard lights shall cation throughout the mobile home
not cause off-site glare, and park site. All sheds shall be kept
shall meet the reqnirements of clean, shall be maintained in good
section 26-30(S). condition, shall be kept painted,
j. The erection, construction, re- shall contain a minimum of ninety
construction, repair, relocation (90) cubic feet of storage area, shall
and/or alteration of all perma- be a minimum of six (6) feet in
nent buildings and structures height, and shall meet minimum
located within a park shall setback and yard requirements as
conform to the requirements set forth in subsections (IV)(B)(4)(e)
of the building and fire code . and (D hereof.
adopted by the City of Wheat s. On-site laundry. An nn-site
Ridge. common laundry facility shall be
provided if all mobile homes are
5. Pads, mats or platforms. Each mo- not furnished with individual
bile home lot shall be provided washers and dryers. e
Supp. No.5
1754
ZONING AND DEVELOPMENT
S 26.25
e
9. Service area enclosures. The city
council may require fencing or
screen planting around areas con-
taining garbage, rubbish or waste
disposal or around service or rec-
reational areas as a condition of
approval of a mobile home park.
10. Recreational requirements. In ad.
dition to the minimum landscape
requirements, a minimum of eight
(8) percent of the gross site area
shall be reserved for recreational
development. These facilities and
areas shall be designed with trees,
grass, benches, equipment, etc., in
relationship to park users. Provi-
sion of separate adult and tot lot
recreational areas is encouraged.
11. Mobile home skirt. All mobile
homes shall have the space be-
tween ground level and the under-
side of the floor enclosed by an
opaque or solid, durable screening
material.
12. Patios. An outdoor patio area of not
less than one hundred twenty (120)
square feet shall be provided at
each mobile home lot, conveniently
located to the entrance of the mo.
bile home, and approximately re-
lated to open areas on the lot and
other facilities for the purpose of
providing suitable outdoor living
space to supplement the interior
space of a mobile home. A permit
shall be required for any canopy or
awning used as a patio cover and
for any screened, glassed-in or oth-
erwise enclosed awning used as a
patio cover and for any screened,
glassed.in or otherwise enclosed
awning or canopy. Any patio cover
or enclosure must meet setback
and yard requirements as set forth
in subsections (e) and (I) hereof.
13. Federal standards. All mobile
homes placed on lots or sites within
a mobile home park must meet fed.
eral standards which are no older
than five (5) years at the time of
placement.
e
e
Supp. No.5
14. Building permit requirement:
a. It is unlawful for any person
to construct, enlarge, alter, im-
prove or convert any mobile
home park or to improve any
lands for use as a park, or to
cause the same to be done, or
to set or establish a mobile
home within a mobile home
park unless such person holds
a valid and existing permit is.
sued by the building inspector
for the performance of such
work. No building permit shall
be issued for any mobile home
park, or any mobile home, un-
less plans for development are
in full compliance with the ap-
proved final development plan
and other related development
codes.
b. Upon completion of any such
mobile home park and prior to
the use thereof, and upon the
placement of a mobile home
upon a lot on site within such
mobile home park, the owner
or operator of said park, or mo.
bile home, shall obtain a cer-
tificate of occupancy.
(5) Planned Recreational Vehicle Park District
(PRVD). It is the intent of this district to
proyide for safe, well-designed recreational
vehicle parks as a commercial use of land,
approximately located to serve the needs of
the t)urist and interstate traveler.
(a) Allowable Uses: The following uses
hereinafter listed shall be permitted
only as specifically designated on the
approved final development plan:
1. Recreational vehicle park which
provides facilities to accommodate
tourist or itinerant campers. Sale
or storage of campers, motor
homes, etc., is not permitted upon
the premises.
2. Accessory uses and buildings cus-
tomarily associated with and inci.
1755
~ 26.25 WHEAT RIDGE CITY CODE
dental to a recreational vehicle (g) Parking and Circulation: Parking to be .
park district. determined based upon the specific de.
(b) Area and Density: The minimum size sign and uses. All interior roads shall
be constructed as to handle all antici-
requirement for a recreational vehicle pated peak loads, adequately drained
park shall be not less than three (3) and lighted for safety and ease of move-
acres. In no case shall the density of ment of vehicles. Minimum widths
the recreational vehicle park exceed shall be twenty (20) feet for two-way
twenty (20) units per acre. roads with no on-street parking aI-
(c) Height: Maximum thirty.five (35) feet lowed, twelve (12) feet for one-way
for permanent structures. roads with no on-street parking al.
(d) Perimeter Setbacks and Buffer Yards: lowed. The recreational vehicle park
All main structures, recreational vehi- road system shall be so designed as to
cles and accessory buildings shall be prevent the use of such roads for
set back not less than ten (10) feet from through traffic. The entire width of the
all property lines, except the front or vehicle travel lanes shall be surfaced
any other yard abutting a public street with an all-weather, dust.free material
shall be at least thirty (30) feet and the as approved by the city engineer.
yard space so formed shall be land. (h) Addressing and Internal Location
scaped. Greater yards or setbacks may System: Recreational vehicle parks
be required where, in the opinion of shall be addressed to the street from
the planning commission and/or city which primary access is obtained. The
council, such yards or setbacks are nec. entire park shall have one (1) address,
essary due to the topographic condi. with each site being designated by unit .
tions, grading, drainage and/or protec. number.
tion of adjacent property. No part of
any recreational vehicle shall be lo- A location map shall be placed at all
cated within any yard of a required set. entrances to the park, which illustrates
back area. the internal road system, location of
common facilities and buildings, man-
Any yard which abuts property zoned ager's office, and each recreational ve-
residential shall be required to provide hicle site. Each lot shall be designated
a ten-foot.wide landscape buffer strip by consecutive numbers. Where there
and a six-foot-high ornamental, solid is more than one (1) continuous road
wall or fence along such border. This serving the park, the various roads
landscape buffer shall be developed should be designated as loops (e.g., Loop
with an acceptable mixture of ground A., Loop D, etc.).
cover, shrubs and/or trees to provide (i) Fences and Walls: As specifically de.
both a visual and a noise barrier be. tailed on an approved final develop-
tween the recreational vehicle park and ment plan; otherwise, follow require-
adjacent residential properties. ments of section 26-30(1).
(e) Lot Coverage: Overall lot coverage Gl Signage: As specifically detailed on the
within a recreational vehicle park shall approved final-development plan; oth.
not exceed seventy-five (75) percent. erwise, follow requirements of Wheat
(I) Landscaping: In addition to the spe- Ridge Code of Laws, Chapter 26, Ar.
cific requirements set forth herein, the ticle IV.
overall minimum landscaping area (k) Utilities: All water and sewer service
shall not be less than twenty-five (25) and connections shall be designed and
percent. (See section 26-32 for addi. constructed so that they are protected .
tional requirements.) from freezing, from accidental
Supp. No.5
1756
ZONING AND DEVELOPMENT
~ 26-25
.
bumping, or from creating any type of
nuisance or health hazard. All water
and sewer systems shall be reviewed
and approved by the district which will
serve the park, and are subject to re-
view and inspection by the Jefferson
County Health Department.
.
All electric supply lines to each recre-
atiorial vehicle site shall be under-
ground.
(I) Area Lights: Each park shall be de-
signed to provide adequate lighting for
pedestrians and vehicles within the
park; however, the lights shall be de-
signed so as to eliminate off-site glare,
and shall meet the requirements of sec-
tion 26.30(S).
(m) Recreational Requirements: In addi-
tion to the minimum landscape require-
ments, a minimum of eight (8) percent
of the gross site area shall be reserved
for recreational development. These fa-
cilities and areas shall be designed with
trees, grass, benches, equipment, etc.,
in relationship to park users. Provi.
sion of separate adult and tot lot rec-
reational areas is encouraged.
(n) Building, Fire and Other Codes:
1. It is unlawful for any person to con-
struct, enlarge, alter, improve or
convert any recreational vehicle
park or structures within such a
park, or to improve any lands for
use as a park, or to cause the same
to be done, unless such person
holds a valid and existing permit
issued by the building inspector for
the performance of such work. No
building permit shall be issued for
any recreational vehicle park un-
less plans for development are in
full compliance with the approved
final development, and applicable
building, fire, health or other re-
lated development codes.
2. Upon completion of any such rec-
reational vehicle park and prior to
the use thereof, the owner or oper-
.
Supp. No.5
ator of said park shall obtain a cer-
tificate of occupancy.
(0) Business License Required: Recre-
ational vehicle parks are business es-
tablishments, and, therefore, must ob-
tain and maintain a valid business
license, and shall collect and pay sales,
use, lodger and other taxes as may oth-
erwise be required by law.
(6) Planned Hospital District (PHD):
(a) Allowable Uses: The following uses
hereinafter listed shall be permitted
only as specifically designated on the
approved final development plan:
1. Public and private general hos-
pital.
2. Hospitals or sanitariums for con-
tagious diseases, or the mentally
disturbed or handicapped.
3. Homes for the aged, nursing
homes, congregate care homes, hos-
pices or similar residential facili.
ties which are accessory to a hos-
pital or sanitarium principal use.
4. Accessory uses and structures cus-
tomarily associated with the per-
mitted uses as shown on the ap-
proved final development plan.
(b) Area: Each Planned Hospital District
shall be a minimum of five (5) acres,
except as provided under subsection
(6)(e) below.
(c) Lot Width: Two hundred (200) feet min-
imum.
(d) Setback Requirements:
1. Front: Fifty (50) feet minimum.
2. Side: Twenty-five (25) feet min-
imum plus ten (10) feet for each
story. The intent is to provide a
minimum twenty-five-foot land-
scape buffer adjacent to residen-
tial zoned property.
3_ Rear: Twenty-five (25) feet min-
imum, plus ten (10) feet for each
story. The intent is to provide a
minimum twenty-five-foot land.
1757
~ 26.25 WHEAT RIDGE CITY CODE
scape buffer adjacent to residen. (V) APPLICATION FOR PLANNED DEVELOP- .
tial zoned property. MENTS
(e) Height: All applications for approval of a planned de-
L Hospital buildings: Fifty (50) feet velopment, redevelopment, alterati<ln or addition
maximum, except as follows: shall be filed with the department of planning
and development. There are three (3) basic steps
a. Sixty-five (65) feet where the to the development approval process prior to issu-
lot on which the building is to ance of a building permit. The three (3) basic steps
be constructed is at least fifty are: (1) rezoning; (2) site plan and platting ap-
(50) acres in size. proval; and (3) building plan approval. These reg-
b. Additions attached to existing ulations deal only with the rezoning and site plan
hospitals may be built to a requirements. Platting or subdivision is regulated
height not to exceed the height by the Subdivision Regulations, Wheat Ridge Code
of the existing building. of Laws, Chapter 26, Article III. Building plan
2. Offices: Fifty (50) feet maximum. approval is regulated by the rules and regulations
3. Residential: Thirty.five (35) feet of the building inspection division in accordance
maximum. with the Uniform Building Code and Chapter 5 of
4. Accessory: Thirty-five (35) feet the Wheat Ridge Code of Laws.
maximum. There are requirements for an outline develop-
(I) Lot Coverage: Seventy-five (75) percent ment plan, a preliminary development plan, and
maximum overall site coverage. for a fmal development plan, and, in certain cases,
(g) Residential Density: No residential de- subdivision approval. These plans may be sub.
velopment, excluding nursing homes or mitted for review and approval either separately
intermediate nursing care facilities, (regular procedures) or combined (expedited pro- .
shall exceed twenty-one (21) dwelling cedures) as described below.
unit per acre. (A) Expedited Review Procedure:
(h) Landscaping:
1. Minimum twenty-five (25) percent (1) Development plans. There are several dis-
cretionary options available to an appli.
overall site requirement. cant, depending on the size and complexity
2. Twenty-five-foot landscape buffer
required along property lines ad- of the proposed development, and on the
confidence an applicant has that his plan is
jacent to residential zoned prop- viable, as well as acceptable to the city.
erty.
3. Unless otherwise specifically pro- The outline development plan may be sub-
vided for on the approved plan, all mitted for consideration by itself or it may
landscaping shall meet the require- be combined with a preliminary develop-
ments set forth in section 26-32. ment plan and/or final development plan.
(i) Parking: Based upon specific uses. (See When the outline development plan is com.
section 26-31.) , - bined with preliminary and/or final plans,
0) Fences and Walls: As specifically de- the plan shall be so designated, and all in.
formational requirements of the combined
tailed on an approved final develop- plans shall be met. All the plans may be
ment plan, otherwise follow require- merged onto a single combined plan which
ments of section 26.30(1).
(k) Signage: As specifically detailed on an contains all the required information in a
approved final development plan, oth- legible form.
erwise follow requirements of Wheat (2) Subdivision/platting. Subdivision or plat reo
Ridge Code of Laws, Chapter 26, Ar- view may be carried out simultaneously
ticle IV. with the review of development plans re- .
Supp. No.5
1758
ZONING AND DEVELOPMENT
.
quired herein. All requirements ofthe sub.
division regulations for a preliminary and
fmal plat, in addition to those of prelimi-
.nary and fmal development plans, must be
satisfied if there are any parcel divisions
created, or if there are any dedications for
streets, easements or other public purposes,
or if a previously approved subdivision is
amended in any way by the proposed devel-
opment. In cases where subdivision require-
ments are to be met simultaneous with de.
velopment plan review, the applicant may
submit separate sheet(s) in addition to the
subject development plan or the required
platting information may be included on
the same sheet(s) as the development plan
so long as the title of the sheet(s) indicate
that they are both a development plan and
plat.
.
(B) Regular Review Procedures:
(1) Outline development plan:
(a) Submittal Requirements:
1. An applicant shall submit an out-
line development plan for approval
of a change of zone to a Planned
Development District. The outline
development plan is the zoning and
general concept step. It provides
generalized graphic and written in.
formation on layout, tentative uses
and intended character of the de-
velopment. Since minimal engi.
neering detail is required, this step
provides the lowest cost option for
an applicant to gain approval of a
change of zone and approval of gen.
eral development and use concept.
.
The change of zone to planned de-
velopment and the outline devel-
opment plan shall be reviewed by
planning and development staff,
and other affected departments
and agencies, prior to being set for
the public hearings before the plan-
ning commission and city council.
For the purpose of these review
steps, there will be three (3) dif-
Supp. No.5
1759
~ 26-25
ferent submittals of the outline de-
velopment plan:
First Submittal-Seventeen (17)
copies of the outline development
plan for staff and agency review.
Second Submittal-Fifteen (15)
copies of the outline development
plan for planning commission
public hearing.
Third Submittal-fifteen (15)
copies of the outline development
plan for city council public hearing.
2. The maps which are a part of the
outline development plan may be
in general schematic form and
shall contain the following min-
imum information:
a. Ownership/unified control
statement. A list of all existing
owners of real property in-
cluded within the proposed
Planned Development Dis-
trict, and a written statement
which describes anticipated fu-
ture ownership character (Le.
single ownership, partnership,
condominium, etc.), and which
indicates proposed manner of
maintaining unified control
throughout the planning, de-
velopment, use, operation and
continued maintenance of the
planned development.
b. Character of development. A
written description of the gen-
eral character of the develop-
ment and of the objectives to
be achieved by the particular
development concept being
proposed. This statement shall
include, but not be limited to,
the manner in which the pro.
posed development meets or
exceeds the intent of the
Planned Development District
as stipulated in subsection (II)
of this section; the proposed ar-
~ 26-25 WHEAT RIDGE CITY CODE
chitectural and site design k. Scale (no less than one inch = .
concepts, including style, one hundred (100) feet) and
siting of structures to maxi- north arrow.
mize views and to take advan- 1. Small scale location map as an
tage of the site's natural char- inset which shows the subject
acteristics, building materials property centered within a
(type, textures and colors); spe- quarter-mile radius.
cific concepts by which the pro- m. Proposed name of the planned
posed development will make development.
an orderly transition from ex- n. A general indication of the ex-
isting adjacent development, pected utilization of the land
including varied setbacks and and a list of possible uses to be
facade treatment, additional included in the development.
open space, screening of o. Legal description (metes and
parking areas, architectural bounds) of total site, including
compatibility and density; and area.
specific concepts for the use p. Surveyor's certification.
and landscaping of all public q. Project data for the entire site
and private open spaces, in- and including, by phase,
cluding recreational facilities. building area and percent,
It is the intent of this require- paved area and percent, land-
ment that the applicant pro- scape area and percent, etc.
vide a clear, concise statement r. Development time schedule by
for the reviewing authorities phase (see subsection (VII) of
to better understand the pro- this section for limitations). e
posed development concept
and upon which their decision 3. The outline development plan shall
regarding the proposal can be be recorded with the Jefferson
based. County Clerk and Recorder and,
c. The existing topographic char- therefore, must meet their basic re-
acter of the land at a contour quirements for recordation.
interval not larger than five The following certifications, in ad.
(5) feet.
d. General indication of areas to dition to the required surveyor's
be landscaped. certificate, shall also be placed
e. Property boundaries as per ac- upon the outline development plan:
companying legal description. OWNER'S CERTIFICATION
f. Existing and proposed lot The below-signed owner(s), or legally designated
lines, easements and rights-
of-way on and adjacent to the agent(s) thereof, do hereby agree that the prop-
site. erty legally described hereon will be developed as
g. Adjacent zoning, land use, a Planned Development in accordance with the
streets, streams, etc. uses, restrictions and conditions contained in this
h. Location of all existing and plan, and as may otherwise be required by law. I
proposed streets within the (we) further recognize that the approval of re-
site and ingress/egress points. zoning to Planned Development, and approval of
i. Approximate location and ex- this outline development plan, does not create a
tent of major use areas. vested property right. Vested property rights may
j. Any significant landscape or only arise and accrue pursuant to the provisions
land use features which may of section 26-6(G) of the Code of Laws.
influence development. Signature of Owner(s) or Agent(s) .
Supp. No.5
1760
ZONING AND DEVELOPMENT
~ 26.25
.
Mayor
mitted later for review (pre-
liminary, final or plan amend-
ment) shall be charged one
hundred dollars ($100.00) each
process.
b. Evidence that the required
neighborhood referral meeting
has occurred (see section 26-
6(F)(1)).
c. Complete and notarized appli-
cation.
d. Proof of ownership, such as
copies of deeds or title commit-
ment.
e. Power of attorney from own-
er(s) where an agent acts on
behalf of the owner(s).
f. Names and addresses of all ad-
jacent property owners, in-
cluding property across abut-
ting streets.
g. Names, addresses, telephone
numbers of architects and en-
gineers associated with the
preparation of the plans.
5. Additional information may be re-
quired, including, but not limited
to, geological stability report,
traffic impact report, floodplain im-
pact report, or' general environ-
mental impact report.
(b) Review Procedures:
1. Staff review: Upon filing of an ap.
plication and other required docu-
ments, planning and development
staff will refer copies of the plans
to affected departments and agen-
cies for review. All comments shall
be forwarded to the applicant so
that necessary revisions may be
made by the applicant prior to
scheduling the application before
planning commission. Once staffis
assured that all required docu-
ments and revisions thereto have
been received, notice of public
hearing shall occur in accordance
with requirements set forth in sec-
tion 26.6(F).
NOTARY PUBLIC
Subscribed and sworn to before me this
day of , 19_
Witness my hand and official seal.
My commission expires
SEAL
. NOTARY
PLANNING COMMISSION CERTIFICATION
Approved this day of
, 19~ by the Planning Commis-
sian.
/5/
Chairman
PLANNING AND DEVELOPMENT DIRECTOR
CITY COUNCIL CERTIFICATION
Approved this day of
. , 19_, by the Wheat Ridge City
Council.
e
Is/
CITY SEAL
ATTEST:
City Clerk
COUNTY CLERK AND RECORDERS
CERTIFICATE
This document accepted for filing in the office of
the County Clerk and Recorder of Jefferson County
at Golden, Colorado, on the day of
A.D. 19_, in the Book Page
, Reception
Jefferson County Clerk and Recorder
By:
Deputy
e
4. Accompanying the application, the
following is required:
a. Fee: Two hundred fifty dollars
($250.00); covers rezoning and
outline plan, or combined plan
review. Additional plans sub-
Supp. No. 5
1761
~ 26-25
WHEAT RIDGE CITY CODE
2. Planning commlSSlOn hearing.
Planning commission shall hold a
public hearing and within ninety
(90) days of the public hearing date,
exclusive oftime requested by the
applicant for continuances, shall
adopt a resolution which recom-
mends to city council approval, ap-
proval with modifications or de-
nial, and such resolution shall
state the reasons for such recom-
mendations.
3. City council hearing. Upon receipt
of the planning commission's res-
olution, the city clerk shall
schedule a public hearing before
the city council and cause public
notice as required by section 26-
6(F). City Council shall hold a
public hearing and within ninety
(90) days of the public hearing, ex-
clusive oftime requested by the ap-
plicant for continuances, shall ap-
prove, approve with modifications,
or deny the application.
(c) Recordation: All approval outline de-
velopment plans shall be recorded with
the Jefferson County Clerk and Re-
corder. Such plans, and associated re-
cording fees shall be submitted to plan-
ning and development department
within thirty (30) days of council's final
action. Should a recordable approved
outline development plan not be pro-
vided to staff within sixty (60) days of
council's final action, staff shall
schedule a public hearing before city
council and city council shall recon-
sider the previous approval.
(2) Preliminary development plan (and prelim-
inary plat):
(a) Submittal Requirements:
1. An application for approval of a
preliminary development plan is-
required only for a multiphased
Supp. No.5
1762
.
project where a final development
plan is or will be submitted for only
a portion of the area included
within a Planned Development
District. It permits the consider-
ation of the platting details for the
entire site as they relate to lots,
streets, access, drainage, .utilities,
easements and other 'public (or
common) improvements or needs.
This step requires detailed prelim-
inary plat information, but does
not require the detailed site devel-
opment information required with
a final development plan. The pre-
liminary development plan shall
be consistent with the approved
outline development plan.
The preliminary development plan
(and plat) shall be reviewed by
planning and development staff,
and other affected departments
and agencies, prior to being set for
public hearing before the planning
commission. For the purpose of
these review steps, there will be
two (2) different submittals of the
preliminary development plan (and
plat), except where an appeal of a
planning commission decision to
city council occurs.
e
First Submittal-Seventeen (17)
copies of the preliminary develop-
ment plan (and plat) for staff and
review agencies.
Second Submittal-Fifteen (15)
copies of the preliminary develop-
ment plan (and plat) for planning
commission public hearing.
Third Submittal (optional)-Fif-
teen (15) copies of the preliminary
development plan (and plat) for city
council appeal hearing.
.
ZONING AND DEVELOPMENT ~ 26-25
e 2. Accompanying the application, the Where a plat or subdivision
following is required: approval is proposed simulta-
a. Fee: One hundred dollars neously with development
($100.00). plan review, the requirements
b. Complete and notarized appli- of the subdivision regulations
cation. for a preliminary plat must be
c. Proof of ownership, such as met. (Chapter 26, Article IlL)
copies of deeds or title commit- e. Location of all existing and
ment. proposed public and private
d. Power of attorney from own- rights-of-way and easement
er(s) where an agent acts on lines located on and adjacent
behalf of the owner(s). to the property which are pro-
e. Names and address of all ad- posed to be continued, created,
jacent property owners, in- relocated or abandoned.
cluding property across abut- f. Existing grade and proposed
ting streets. finish grade of the site shown
f. Names, addresses and tele- by contours with intervals not
phone numbers of owner, li- larger than two (2) feet.
censed surveyor, licensed en- g. The approximate location of
gineer and designer of plat. every existing and proposed
g. Agreements, provisions, con. structure or building envelope
dominium declarations, cove. in the described parcel, the ex-
nants, etc., which govern the pected use or uses to be con-
. development, use, mainte- tained therein, the number of
nance and continued protec- dwelling units (if applicable)
tion for the planned develop- and the maximum gross fioor
ment and any of its common area.
areas or facilities. ~t is specif- h. Location, dimension and ele-
ically required that uniform vations of all existing and pro-
control be demonstrated. posed streets, sidewalks,
3. The preliminary development plan curbs, gutters, alleys, ease-
(and plat) shall be drawn at a scale ments, drainage areas, irriga-
of not less than one (1) inch to one tion ditches, lakes or ponds,
hundred (100) feet and containing and other significant features
the following: within or adjacent to the tract
a. Name of proposed plan (and to be subdivided or developed.
i. Quantitative tabulations and
plat), date of preparation, scale percentages for building cov-
and north arrow. erages, total lot coverage,
b. Legal description and area of parking areas, landscaped
entire parcel included within areas, open areas, etc.
the Planned Development Dis- j. Locations of all proposed curb
trict.
c. Small scale location map with cuts, parking areas and
zoning of adjacent sur- loading areas.
rounding properties. k. Location of all proposed walks,
d. Location of all existing and malls and other open area as
proposed lot lines and num- they may relate to the entire
. bering of lots and blocks. site.
Supp. No.5
1763
~ 26-25 WHEAT RIDGE CITY CODE
e
1. All existing and proposed (b) Review Procedures:
water and sewer lines and 1. Staff review. Upon ruing of an ap-
their source of supply and all
electric lines and their max- plication and other required docu-
imum capacity. ments, planning and development
m. A drainage plan of the entire staff shall refer copies of the plans
site. The approximate volume to affected departments and agen-
of water generated by expected cies for review. All comments shall
development and the proposed be forwarded to the applicant so
method of disposing of said that necessary revisions may be
water. made by the applicant prior to
n. All irrigation ditches shall be scheduling the application before
located and labeled with name the planning commission. Once
of ditch company or owner(s), staff is assured that all req,uired
and name(s) and address(es) of documents and revisions thereto
the appropriate contact. Any have been received, notice of public
proposed changes to irrigation hearing shall occur in accordance
ditches must be indicated, and with requirements set forth in sec-
a letter from the ditch own. tion 26-6(F).
er(s) approving of such 2. Planning commission hearing.
changes must be submitted. Planning commission shall hold a
o. Geological stability informa- public hearing and within ninety
tion when requested by the (90) days of the public hearing date, .
city. exclusive of time requested by the
p. Designation of the 100-year applicant for continuances, shall
floodplain and/or wetlands adopt a resolution which approves,
where applicable. approves with modifications, or de-
q. Development schedule by nies the preliminary development
phase which indicates ex- plans (and plat) and such resolu-
pected time of beginning and tion shall state the reasons for ac-
ending of construction. Where tion. Any applicant may appeal a
improvements will be needed decision of planning commission to
outside of an area for which a
final development plan is or is city council; however, such appeal
proposed to be approved in must be filed with the city clerk
order for that area to properly within ten (10) working days of
function, a detailed phasing that decision.
schedule and design plans 3. City council hearing. Upon receipt
shall be required for those im- of a petition of appeal, the city
provements (e.g., storm clerk shall schedule a public
drainage facilities located hearing before city council and
within the Planned Develop. cause public notice as required by
ment District, but outside of section 26-6(F). City council shall
the area proposed for fmal de- hold a public hearing and within
velopment plan approval}. All ninety (90) days of the public
temporary or interim facilities hearing, exclusive of time re-
shall be so designated, and de. quested by the applicant for con-
sign specifications provided tinuances, shall approve, approve
therefor. (See section 26- with modifications, or deny the ap- .
25(Vll) for limitations). plication.
Supp. No.5
1764
.
ZONING AND DEVELOPMENT
~ 26-25
(3) Final development plan (and final plat):
(a) Submittal Requirements:
1. The final development plan (and
plat) provides the final engi-
neering, platting and site design
details for final approval of one (1)
or more phases of a proposed de.
velopment. This is the final devel-
opment plan and platting step and
culminates all of the requirements
prior to submittal of building
plans. The final development plan
(and plat) shall be reviewed pur-
suant to the requirements of sub-
section (V)(B)(l) hereof.
2. Accompanying the application, the
following is required:
a. Fee: One hundred dollars
($100.00).
b. Complete and notarized appli-
cation.
c. Proof of ownership, such as
copies of deecls-ortitle commit-
ment.
d. Power of attorney from own-
er(s) where an agent acts on
behalf of the owner(s).
e. Names and addresses of all ad-
jacent property owners, in-
cluding property across abut-
ting streets.
f. Names, addresses and tele-
phone numbers of architects
and engineers associated with
preparation of the plans and
plat.
g. Copies of proposed agree-
ments, provisions, covenants,
condominium declarations,
etc., which govern the use,
maintenance and continued
protection of the planned de-
velopment and any of its
common areas and facilities,
and which will guarantee uni-
fied control.
h. Additional information may
be required, including, but not
e
e
Supp. No.5
limited to, geological stability
report, traffic impact report,
floodplain impact report or
. general environmental impact
report.
3. Form and content of the final de-
velopmen t plan. The final develop-
ment plan (and plat) shall be con-
sistent with the approved outline
and preliminary development
plans (if applicable). The final de-
velopment plan (and plat) shall be
drawn at a scale of no less than
one (1) inch to one hundred (100)
feet and contain the following:
a. The requirements of both this
section as well as the subdivi-
sion regulations for a final plat
must be met. If a preliminary
development plan has not pre-
viously been approved, the re-
quirements of the subdivision
regulations for a preliminary
plat must be met.
b. Legal description of the entire
planned development, and if
the fmal development plan is
for only a portion of the site, a
legal description of that por-
tion of the site included within
the final development plan.
c. Location, extent, type and sur-
facing materials or all pro-
posed walks, malls, paved
areas, turfing and other areas
not be covered by buildings or
structures.
d. Location, size, type, height and
orientation of all signs. Signs
not specifically approved as
part of a final development
plan shall not be permitted.
e. A landscape plan which pro-
vides location, type, size and
quantities of all existing (to re-
main) and proposed plant ma-
terial and other landscape fea-
tures and materials. Common
and botanical names of all
1765
~ 26-25 WHEAT RIDGE CITY CODE
plant materials shall be indi- must be indicated if proposed. .
cated. Location and type ofir- Description of any proposed
rigation system shall be indi- temporary or interim uses of
cated. All landscaping shall land or existing buildings
meet the requirements of this prior to development in accor-
section as well as section dance with the approved final
26.32. development plan.
f. Location, extent, types of ma- m. A development schedule indi-
terials and height of all walls cating the approximate date
and fences. on which construction of the
g. Exterior lighting devices; type, project can be expected to
height, location and orienta- begin and approximate dates
tion. when construction will be com-
h. Location, extent, maximum pleted. If a multiphased
height, number of floors and project, indicate times for each
total floor area of all build- phase (see subsection (VII) for
ings and structures. limitations)
i. Total number of dwelling n. The final development plan
units and typical floor plans (and plat) shall be recorded
for residential projects. with the Jefferson County
j. Elevations and perspective Clerk and Recorder and, there-
drawings of all proposed struc- fore, must meet their basic re-
tures and improvements, indi- quirements for recordation.
cating architectural style and .
building materials. The draw- The following certifications, and
ings need not be the result of approvals, in addition to the re-
fmal architectural design but quired surveyor's certificate, shall
of sufficient detail to permit also be placed upon the final de-
evaluation of the proposed velopment plan (and plat):
structure(s). OWNER'S CERTIFICATION
k. Off-street parking and loading
plan which indicates the size, The below-signed owner(s), or legally designated
location and number of agent(s) thereof, do hereby agree that the prop-
parking and loading spaces erty legally described hereon will be developed as
and which shows the proposed a Planned Development in accordance with the
circulation of vehicles and pe- uses, restrictions and conditions contained in this
destrians within the planned plan, and as may otherwise be required by law. I
development and to and from (we) further recognize that the approval of Final
existing or proposed public Development Plan (and Plat) does not create a
thoroughfares. Any special en- vested property right. Vested property rights may
gineering features and traffic only arise and accrue pursuant to the provisions
regulation devices needed to of section 26-6(G) of Article I of the Code of Laws
facilitate and ensure the safety of the City of Wheat Ridge.
of this circulation pattern, in-
cluding fire lanes, must be Signature of Owner(s) or Agent(s)
shown. NOTARY PUBLIC
1. Indication of all proposed uses Subscribed and sworn to before me this
for all buildings, structures day of _,19_.
and open areas. Outside
storage and display areas Witness my hand and official seal. e
Supp. No.5
1766
e
.
.
ZONING AND DEVELOPMENT
~ 26-25
My commission expires
SEAL
. NOTARY
PLANNING COMMISSION CERTIFICATION
Approved this day of
, 19_, by the Wheat Ridge Plan-
ning Commission.
/s/
Chairman
PLANNING AND DEVELOPMENT DIRECTOR
CITY COUNCIL CERTIFICATION
Approved this day of
, 19_, by the Wheat Ridge City
Council.
/s/
Mayor
CITY SEAL
ATTEST:
City Clerk
COUNTY CLERK AND RECORDERS CERTIF-
ICATE
This document accepted for filing in the office of
the County Clerk and Recorder of Jefferson County
at Golden, Colorado, on the day of
AD_ 19_, in the Book Page
, Reception
Jefferson County Clerk and Recorder
By:
Deputy
In addition to the above certifications and re-
quired land surveyor's certificate, the following
approval signature blocks shall be placed upon
plats and subdivisions.
Public Service Company of Colorado
Mountain States Telephone and Telegraph
City of Wheat Ridge, Director of Public Works
Supp. No.5
City of Wheat Ridge, Director of Parks and Rec-
reation
(b) Review Procedures:
1. Staff review. Upon filing of an ap-
plication and other required docu-
ments, the planning and develop-
ment staff will refer copies of the
plans to affected departments and
agencies for review. All comments
shall he forwarded to the appli-
cant so that necessary revisions
may be made by the applicant prior
to scheduling the application be.
fore the planning commission.
Once staff is assured that all re-
quired documents and revisions
thereto have been received, notice
of public hearing shall occur in ac-
cordance with requirements set
forth in section 26.6(F).
, 2. Planning commission hearing. -
Planning commission shall hold a
public hearing and within ninety
(90) days of the public hearing date,
exclusive oftime requested by the
applicant for continuances, shall
adopt a resolution which recom-
mends to city council approval, ap-
proval with modifications, or de-
idal and such resolution shall state
the reasons for action.
3. City council hearing. Upon receipt
of the planning commission's res-
olution, the city clerk shall
schedule a public hearing before
city council and cause public no-
tice as required by section 26-6(F).
City council shall hold a public
hearing and within ninety (90)
days of the public hearing, exclu-
sive of time requested by the ap-
plicant for continuances, shall ap-
prove, approve with modifications
or deny the application.
1767
~ 26-25
WHEAT RIDGE CITY CODE
(c) Recordation: All approved final devel-
opment plans <and plats) shall be re-
corded with the Jefferson County Clerk
and Recorder. Such plans, and associ-
ated recording fees, shall be submitted
to the planning and development staff
within thirty (30) days of council's final
action. Should a recordable approved
fmal development (and plat) not be pro-
vided to the staff within sixty (60) days
of council's final action, the staff shall
schedule a public hearing before city
council and city council shall recon.
sider their previous approval.
(VI) INTERPRETATION OF ERRORS AND
OMISSIONS
Detailed specifications and standards which
should have been specifically set forth by an ap-
proved final development plan, but which were
found subsequent to approval to have been
omitted, may be interpreted by the zoning admin-
istrator to be those specifications and standards
set forth in the Wheat Ridge Zone District in which
the approved uses contained within the final de-
velopment plan would be permitted. In the event
the approved uses are in fact permitted in more
than one other zone district, the zoning adminis-
trator is hereby authorized to determine, based
upon the overall intent of the underlying dis-
tricts, to determine the appropriate zone district's
standards which shall be applied. The owner of
any property who or which feels aggrieved by such
determination by the zoning administrator shall
be entitled to appeal said determination pursuant
to the provisions of section 26-6(D)(4) of this Zoning
Ordinance.
(VII) CONSTRUCTION
(A) All construction shall be in accordance with
. the approved and recorded fmal development plan
and shall be completed within the time limita-
tions as stipulated on the final development plan
unless an extension of such time limit is approved
by the director of planning and development.
(B) Upon expiration of such established time
limitation or extension thereof, the planning and
development director shall notify city council of
the status of the planned development. Failure to
complete construction by the termination of the
Supp. No.5
initial time limitation, or such extension of time
as may have been granted the owner, shall be
cause for action by city council to consider reclas-
sification and rezoning of said site to a more re-
strictive zone classification or classifications.
(VIII) BINDING UPON SUCCESSORS AND AS-
SIGNS
All approved development plans shall be binding
upon the owner(s), their successors and assigns,
and shall limit the development to all conditions
and limitations established in such plans, and as
may be contained in separately recorded agree-
ments, covenants, condominium declarations, etc.,
which were approved by city council as part of a
planned development approval.
(IX) AMENDMENTS TO DEVELOPMENT
PLANS
(A) The procedures and requirements for
amending an approved development plan (out-
line, preliminary or final) shall be the same as
prescribed for original approval, except as pro-
vided for under subsection (B) below. All applica-
tions for amendment must be approved in writing
by all owners of real property contained within
the area originally approved by the outline devel-
opment plan, unless specific alternative provi-
sions have been approved by city council as part
of the unified control agreement.
(B) Based upon showing of necessity therefor,
minor changes in the locations of structures and
their accessory uses, fences, parking areas, land-
scaping and other site improvements may be per-
mitted as an "administrative amendment" by the
director of planning and development, if such
changes will not cause any of the following cir-
cumstances to occur:
(1) Change in the. character of the develop-
ment.
(2) Increase in the intensity (or density) of use.
(3) Increase_ of the problems of circulations,
safety and utilities.
(4) Increase of the external effects on the ad-
jacent properties.
(5) Increase in maximum building height.
(6) Reduction in the originally approved set-
backs from perimeter property lines.
.
.
e
1768
.
.
.
.
.
ZONING AND DEVELOPMENT
~ 26-30
(7) Reduction in landscape area of total site,
or relocation oflandscape areas which are
required as buffer yards or establish project
character.
(8) Increase in the gross floor area of struc-
tures beyond the authorized maximum
allowed with the approved planned devel-
opment.
(C) Any changes or revisions of a final devel-
opment plan which are approved, either adminis-
tratively or by council action, must be recorded
with the Jefferson County Recorder as amend-
ments to the original recorded development plan.
(X) TEMPORARY USE PROVISION
Subsequent to rezoning to a Planned Develop-
ment District and approval of a final development
plan, but prior to development and use of a parcel
in accordance with the approved plan, the prop-
erty may continue to be used in accordance with
the previous zoning or for cultivation of agricul-
tural products, or the raising and keeping of
livestock, as would be permitted in any residen-
tial district; provided, however, that no new per-
manent structures or additions to existing struc-
tUres will be permitted.
(Ord. No. 1989-807, ~ 2, 9-25-89; Ord. No. 1990-
827, ~ 1, 4-9-90; Ord. No. 1997-1092, ~~ 2-4,
9-8-97; Ord. No. 1997-1097, ~ 2, 9-22-97)
Sees. 26-26-26.29. Reserved.
Sec. 26-30. General regulations.
The provisions and regulations set forth in this
section are generally applicable throughout the
various zone districts. Furthermore, these regu-
lations are in addition to any regulation, standard
or requirement specifically set forth in any other
section of this Zoning Ordinance or any other
section of the Wheat Ridge Code of Laws.
(A) Storage of Flammable Liquids or Gases:
No aboveground storage of flammable liquids or
gasses in excess of two thousand (2,000) gallons
shall be permitted in any district other than the
Industrial District unless approved as a special
use and in conformance with the Uniform Fire
Code and other applicable laws.
Supp, No. 20
(B) Building Lots: Every' building or structure
hereafter erected within the City of Wheat Ridge
shall be located on a lot, as defmed herein, and in
no instance shall there be more than one (1) main
building on one (1) lot except as permitted within
a Planned Development District as set forth in
section 26-25, or as permitted by the Planned
Building Group (PBG) provisions set forth below.
(C) Planned Building Groups (PBG):
(1) Purpose. The primary purpose of this pro-
vision is to allow flexibility and diversifi-
cation in the location of structures and
the design and land use of a lot held under
single or common ownership by permit-
ting more than one (1) main structure to
be constructed thereon. It promotes better
overall utilization of a building site by
promoting improved vehicular and pedes-
trian circulation and access, more effi-
cient layout of parking and a better over-
all landscape and architectural design
scheme for the total site, while at the
same time ensuring adequate standards
relating to public health, safety, welfare
and convenience in the use and occupancy
of buildings and facilities in planning bnild-
ing groups.
(2) Scope and limitations. The procedures
and provisions set forth in this section
shall be applicable to all zone districts
except Planned Development zone dis-
tricts as those district regulations provide
for multiple main structures on a lot un-
der different procedures and provisions.
It is not intended for this provision to be
used to circumvent the requirements of
the Zoning Ordinance for lot perimeter
setbacks, lot coverage, residential density
or any other provisions for the Zoning
Ordinance except the requirement that
only one (1) main building is permitted on
one (1) lot. It also shall not be construed to
waive any provisions of the subdivision
regulations. Any subsequent division of a
lot developed in accordance with the pro-
visions set forth herein shall be required
to meet all subdivision requirements.
1769
~ 26-30
WHEAT RIDGE CITY CODE
(3) Application procedures. All applications
for Planned BUilding Groups shall be filed
with the department of planning and de-
velopment by the owner of the entire land
area to be included within such plan and
shall be accompanied by a fee of one
hundred dollars ($100.00), adequate proof
, of ownership, a certified survey of the
parcel, and a Type II site' plan which
meets the provisions set forth in section
26-6(E)(2) of this Zoning Ordinance.
All applications under this section shall
be reviewed by the department of plan-
ning and development for completeness
and, if found to be complete, shall be
transmitted to any other agency which
might be affected by approval of such
applications. Any such agency may trans-
mit comments and recommendations to
the Department of Planning and Develop-
ment. The Zoning Administrator, the Plan-
ning Commission and/or City Council shall
consider such agency comments and rec-
ommendations when establishing neces-
sary conditions and limitations, and ap-
proving applications considered herein.
(4) , Approval procedures:
(a) Administrative Review: The zoning
administrator shall have the author-
ity to review and approve, approve
with modifications, or deny applica-
tions for Planned Building Groups
for no more than four (4) main struc-
tures on a single lot or parcel, except
in the R-1 series, R-2 series and A-I
zone districts. Applications for more
than four (4) main structures or more
than one (1) main structure in the
R-1 series, R-2 series and A-I zone
districts, and appeals by the appli-
cant of the zoning administrator's
decision, shall be referred to the plan-
ning commission for review. In re-
viewing such applications, the zon-
ing administrator shall consider the
standards for approval set forth in
subsection (d)4. below and shall have
the authority to establish necessary
conditions and limitations to carry
out the intent of this section.
Supp, No. 20
1770
(b) Planning Commission Review: The
planning commission shall review
and make recommendations to city
council all applications for Planned
Building Groups which exceed ad-
ministrative review authority and
upon applicant appeal of an admin-
istrative decision. Such application
shall be heard at public hearings,
with notification by neighborhood
meeting, newspaper, letter and post-
ing as set forth in section 26'6(F).
(c) City Council Review: City council
shall review and decide upon all
Planned Building Group applica-
tions forwarded by the planning com-
mission. Such hearings shall follow
notification and hearing procedures
as set forth above for planning com-
mission hearing. Appeal from a deci-
sion of the city council shall be to the
Jefferson County District Court as
specified in the Colorado Rules of
Civil Procedures.
(d) Standards for Review: The zoning
administrator, planning commission
and/or city council shall have the
right to approve, establish necessary
conditions and limitation in approv-
ing, or deny an application for a
Planned Building Group; provided,
that the following standards shall be
applied in such approval, denial or
in establishing such conditions and
limitations. In reviewing the Planned
Building Group application, the fol-
lowing shall be considered:
1. Whether the proposed plan is
consistent with the spirit andiintent of the Zoning Ordinance
and of the Comprehensive Plan
and that it would not be con-
trary to the general welfare and
economic prosperity of the city
or the immediate neighborhood
and that the plan has been pre-
pared to achieve the benefit of
improved design;
2. Whether there are provided an
adequate amount and proper
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ZONING AND DEVELOPMENT
~ 26-30
location of pedestrian walks,
malls and landscaped spaces to
prevent pedestrian use of vehic-
ular ways and parking spaces,
and to separate pedestrian
walks, malls and public trans-
portation and loading places
from general vehicular circula-
tion facilities;
3. Whether the design provides
for an arrangement of build-
ings and vehicular open spaces
so that pedestrians moving be-
tween buildings are not unnec-
essarily exposed to vehicular
traffic;
4. Whether the plan provides for
proper height, orientation and
location of signs compatible with
adjacent areas and with re-
spect to traffic-control devices;
5. Whether the design is ade-
quate for internal efficiency of
the plan, considering the func-
tions of residents, tenants and
users, and including, but not
limited to, public access, safety
and such other factors includ-
ing storm drainage facilities;
6. Whether adequate and conve-
nient arrangement is provided
for roadways, driveways, off-
street parking and loading
space, facilities for waste dis-
posal and illumination;
7. Whether external effects of the
plan are controlled, including,
but not limited to, movement
and congestion of traffic, ar-
rangement of signs, placing of
lighting devices to prevent the
occurrence of nuisances, and the
prevention of the accumulation
oflitter and trash;
8. Whether the plan is in compli-
ance with the building and fire
codes relative to all aspects of
construction and site develop-
ment, including, but not lim-
ited to, accessibility by einer-
gency vehicles;
9. Whether the plan has consid-
ered the comments and recom-
mendations made by the vari-
ous review agencies to the
greatest extent possible or prac-
tical under the circumstances;
10. Whether necessary public im-
provements, including, but not
limited to, curb, gntter, side-
walk, roadway and drainage fa-
cilities as required, are pro-
vided for in the plan for
construction and dedication.
11. Whether the proposed density
(if residential) and character of
development is compatible with
the predominant character of
surrounding uses and develop-
ment.
(5) Recordings of Planned Building Group
plans. All approved Planned Building
Group plans, including all conditions and
limitation stated thereon, shall be re-
corded in the office of the Jefferson County
Clerk and Recorder as an "Official Devel-
opment Plan," and no building or site
preparation permits shall be issued on
property subject to such plan until. such
plan has been duly recorded. All Planned
Building Group plans, together with asso-
ciated recording fees, must be submitted
to staff within sixty (60) days of the ap-
proval date, otherwise such approval may
be reconsidered. Upon the face of such
plan, the following declaration, signature
blocks, approvals and certification shall
be stated:
Declaration of Planned Building Group
Whereas, _ __
(Insert name of ali applicant(s) and owner(s))
Supp, No. 20
.,
1771
~ 26-30
WHEAT RIDGE CITY CODE
have submitted a Planned Building Group Plan for the City of Wheat Ridge's approval pursuant to
Wheat Ridge Code of Laws, section 26-30(C), for the land area legally described as.:
(Insert legal description of entire land area to be covered by the Planned Building Group); and
WHEREAS, the City of Wheat Ridge has approved said plan on
(Insert date of approval)
Now, therefore, upon final approval of the Planned Building Group by the City of Wheat Ridge, this
declar.ation is notice to prospective purchasers of the land area and to all others that it is the subject of
a Planned Building Group and that said plan and the ordinances relating thereto are binding on
subsequent purchasers, successors and assigns unless the plan is abandoned, amended or withdrawn in
writing and duly recorded and shall limit the construction, use and operation of all land and structures
included within such plans to all conditions and limitations set forth in such plans and ordinances.
By:
Name of Owner(s)
Approved:
Wheat Ridge Community Development Director
State of Colorado )
)
County of )
The foregoing instrument was acknOWledged before me this
AD. 19_, by
day of
(Name of all applicant(s)!owner(s))
Witness by hand and official seal.
My Commission Expires:
Notary Public
Seal
(6) Amendment or withdrawal of recorded
Planned Building Groups. Pursuant to
the same procedure and subject to the
. same limitations and requirements by
which such plans were originally ap-
proved and recorded, Planned Building
Group plans may be amended or with-
drawn, either partially or completely, if
all land and structures remaining under
such plans can be mad~ to comply with all
conditions and limitations of such plans
. and all land and structures withdrawn
from such plans can be made to comply
with all regulations and ordinances of the
City of Wheat Ridge unrelated to any
special plan hereunder. Planned Building
Group plans which have been approved
by the planning commission and city coun-
cil may have minor administrative adjust-
ments or changes approved by the direc-
tor of planning and development, provided
that such adjustments or changes will not
cause any of the following to occur:
(a) A change in the character of the
development;
(b) An increase in the intensity of use;
(c) A reduction in the originally ap-
proved separations or distances be-
tween buildings;
(d) Any change which would create prob-
lems for circulation, safety or with
utilities;
(e) An increase of the external effects on
adjacent property;
(1) A reduction in the originally ap-
proved setbacks from property lines
Supp, No, 20
1772
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ZONING AND DEVELOPMENT
~ 26-30
which would violate the minimum
setback requirements of the under-
lying zone;
(g) An increase in total floor area or of
the ground covered by structures;
(h) A reduction in the ratio of off-street
parking and loading space to gross
floor area in structures;
(i) An increase in approved residential
densities.
Any amendments to recorded Planned
Building Group plans, whether amended
administratively or by action of the plan-
. ning commission or city council, shall be
recorded with the Jefferson County Clerk
and Recorder in the same manner as the
originally approved and recorded plan.
Any withdrawal or partial withdrawal of
an approved and recorded plan shall be
certified by the recordation of a "Declara-
tion of Withdrawal" of a Planned Building
Group.
(7) Subdivision of land subject to Planned
Building Group Plan. Where it is desired
to subdivide a parcel ofland, exclusive of
condominium subdivision, which is either
currently subject to, or is proposed to be
subject to, the provisions of a Planned
Bnilding Group Plan, all requirements of
the underlying zone district shall apply,
except that setback from interior lot lines
(that is lot lines not abutting public streets
or abutting adjacent separately owned
property) may be less than normally re-
quired if approved by the planned com-
mission and/or city council at the time of
subdivision approval. In addition, any land
or facilities used in common, such as, but
not limited to, drainage facilities and ar-
eas, common parking areas, ingress/egress
drives, and landscaping or open space
areas, shall be reserved by easement, or
other acceptable instrument, for the con-
tinued right of common use of these areas
or facilities. Maintenance of any such ar-
eas or facilities shall accrue to the owner
of each individual lot wherein such com-
mon area or facility lies, except that other
Supp. No. 20
property maintenance agreements may
be acceptable if approved by the city at-
torney.
It is the intent of this section 26-
30(C) that subdivision review may
be carried out simultaneously with
the review of Planned Building Group
plans permitted herein. All require-
ments of the subdivision regulations
for either minor (four (4) or fewer
lots) or for major (five (5) or more
lots) subdivisions, in addition to those
of a Planned Building Group plan,
must be satisfied if there are any
parcel divisions created, or if there
are any dedications for streets or
other public purposes. In cases where
subdivision requirements are to be
met as described herein, the appli-
cant must submit separate sheet(s)
in addition to the Planned Building
Group plan.
(D) Development on Multiple Parcels or Lots
(Consolidation Plat or Deed): It is the intent of the
City of Wheat Ridge that where a development
entails the aggregation or consolidation of two (2)
or more lots or parcels of land or portions thereof
in order to accommodate such development, such
shall be considered a development lot. Prior to
issuance of a building permit in such instances,
the owner shall file a consolidation plat or a
consolidation deed, together with certified bound-
ary survey, which plat or deed and survey sh;ill be
reviewed by the department of public works for
accuracy and, if found to be accurate, shall be
recorded by the owner with the Jefferson County
Clerk and Recorder.
All consolidation plats or consolidation deeds
for multifamily dwelling development shall be
accompanied by a Type I site plan, as set forth by
section 26-6(E) of this Zoning Ordinance. Such
consolidation plats and deeds, together with the
site plan, shall be subject to review by the plan-
ning commission and city council following the
same application procedures, notice requirements
and approval procedures and standards for re-
view as for a Planned Bnilding Group. The pur-
pose of these provisions is to avoid the construc-
1773
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WHEAT RIDGE CITY CODE
tion of overly large buildings which may negatively
impact surrounding neighborhoods by increasing
traffic, creating congestion by ingress/egress points,
obstructing light and air and by making access for
fire protection difficult, and to prevent construc-
tion of one (1) large building to avoid compliance
with the subdivision regulations, and to encour-
age construction of smaller buildings which could
give opportunities for better design of setbacks,
landscaping, parking, vehicular and pedestrian
circulation and drainage facilities.
Lots or parcels of land which are included in
the Residential-3 (R-3) or Residential-3A (R-SA)
zones and which are individually substandard for
multifamily development, but which would meet
the lot size and width requirement for single- or
two-family development, shall not be consolidated
for the purpose of multifamily residential devel-
opment unless the predominant adjacent land use
is multifamily development of a similar density.
(E) Cluster Subdivision:
(1) Definition. A cluster subdivision is a sub-
division of land in which the areas and
widths of residential lots are reduced be-
low the minimum lot area and lot width
requirements of the zoning district in which
the subdivision is located and where com-
mon space areas are provided to compen-
sate for such lot reduction.
(2) Permitted uses. A cluster subdivision shall
be a permitted use in the Residential-One
(R-1), Residential-One A (R-lA), Residen-
tial-One B (R-1B), Residential-One C (R-
1C), Residential-Two (R-2), Residential-
Two A (R-2A), Residential Three (R-3) and
Residential-Three A (R-3A) districts, and
notwithstanding any other provision of
this Ordinance, the provisions as
hereinbefore set forth shall be applicable
if any conflict exists.
(3) [Intent.] Cluster subdivisions are intended
to allow flexibility in subdivision lot de-
sign by permitting the development of
homes on lots smaller than normally re-
quired for the zoning district in which the
subdivision is located and by dedicating
or reserving land so saved to needed open
Supp. No, 20
space. It is not intended that this type be
universally applied but only where circum-
stances of natural features and land use
make it appropriate and of special benefit
to the residents of the subdivision and
surrounding area.
(4) General regulations. Where land is pro-
posed for subdivision into lots, and a sub-
divider dedicates property for recreational
use or open space, a reduction in the
minimum lot area and the lot width re-
quired for the zoning district in which the
cluster subdivision is located, may be ap-
proved by the planning commission; pro-
vided, the provisions of this section are
met and provided the cluster division re-
ceives subdivision approval.
(5) Lot area regulations. The minimum lot
area for dwellings may be reduced below
the area normally required in the zoning
district in which the cluster subdivision is
located, but no lot shall be reduced in
excess of twenty (20) percent of the mini-
mum lot area required for such dwelling
or structure in such district.
(6) Width, yard and height regulations. Yard,
yard use and height regulations shall be
the same as for the district in which the
cluster subdivision is located. The mini-
mum lot width and side yard may be
reduced below the width and side yard
normally required in the district in which
the cluster subdivision is located, but no
lot shall have a width or side yard reduc-
tion in excess of twenty (20) percent of the
minimum lot width or side yard required
in the applicable zoning district.
(7) Open space substitution. There shall be
permanently reserved within the subdivi-
sion for recreational and/or open space
parcels ofland whose total area is not less
than the amount by which the areas of the
residential lots are reduced below the
minimum area normally required in the
zoning district in which the cluster subdi-
vision is located.
(8) Open space preservation and mainte-
nance. Recreation and/or open space ar-
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1774
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ZONING AND DEVELOPMENT
~ 26-30
eas to be permanently reserved shall be
improved, landscaped and maintained in
accordance with plans approved by the
planning commission and parks and rec-
reation commission or by their designated
representatives. Such appeal shall be made
prior to the cluster subdivision becoming
a permitted use in the zoning district in
which it is proposed.
(9) [Review.] Cluster subdivisions shall be
reviewed pursuant to the procedures set
forth in the subdivision regulations, Arti-
cle III of this chapter.
(F) Building Setback Exception: If fifty (50)
percent or more of the main buildings within a
built-up area in any residential district have more
or less than the reqnired front yard, each new
main building shall have a front yard consistent
with the average building setbacks in the imme-
diate area, except that for the purpose of comput-
ing 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 (50) percent or more of the lots
within the same block and within two hundred
(200) feet on each side lot line of any particular lot
have been improved with buildings. However, in
no instance shall a structure encroach into a
reqllired site distance triangle.
Supp. No, 20
1774.1
ZONING AND DEVELOPMENT
~ 26-30
.
(G) Emergency Shelters Operated by Churches:
Within any district which permits churches that
were existing in the city at the time of passing of
this Ordinance, a church corporation or a non-
profit' corporation with church sponsorship may
operate an emergency shelter under the following
limitations. This section describes an additional
church function which may take place in a church
facility for the purpose of meeting an urgent com-
munity need to shelter homeless families.
The shelter shalll:>e for families and single per-
sons. The maximum stay of any person shall be
three (3) weeks. There shall be a maximum of
forty-five (45) people allowed per shelter on any
night. The shelter shall be responsible for pro-
viding transportation of the homeless out of the
area during the hours the shelter is not in opera-
tion. This shall be a use by right in any church
building or in any church-owned facility; provided,
that the license requirements of subsection (1)
hereof are met. The structures must meet the
building code, the health codes of the county and
state, and conform to all city codes for the pri-
mary use as a church.
(1) License requirements. Any church organi-
zation wishing to operate an emergency
shelter shall apply for and receive a license
through the planning and development de-
partment for a period of four (4) months,
unless the applicant reapplies for an exten-
sion. The fee for such license application
shall be five dollars ($5.00). Along with the
application shall be [given] information in-
dicating the name of the organization op-
erating the shelter, the related church spon-
sorship, the name of the on-site manager(s)
with identifying information, the phone
number at the site, the address of the
shelter location, the number of people to be
housed in the shelter relating to building
code requirements, a letter from the Jef-
ferson County Health Department indi-
cating that the facility meets all current
codes, and a certificate of inspection from
the Wheat Ridge Building Division indi-
cating that building codes and the fire code
requirements are met.
The facility and/or its personnel will be re-
sponsible for the following:
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Supp. No.5
(a) A written established policy for accep-
tance into the shelter. This policy will
either provide that all shelter occupants
will be pre-screened by recognized so-
cial agencies or that the facility will
employ a counselor with the training
and competency to screen out and refer
elsewhere persons with drug, alcohol,
personal or emotional problems which
make them unsuitable for this kind of
minimal-care facility.
(b) The hours of operation shall be deter-
mined by the individual shelter. Ade-
quate supervision shall be provided
during the hours of operation.
(c) Provisions of all meals; however, meals
may not be provided to other than in-
habitants, staff and visiting church and
social agency personnel.
(d) Proper care and supervision of chil-
dren.
(e) An established referral network and
transportation to existing health, job
counseling, housing, police, legal, wel-
fare and other social agencies.
(I) On-site or liaison personnel with the
training and/or experience to establish
an individualized plan of services or
treatment necessary for each family to
improve its ability to function indepen-
dently in the community.
(g) A copy of the contract between the
church and the applicant shall be at-
tached to the application.
(2) Signature on license. The following official
shall sign each license that is issued:
(a) The director of planning and develop-
ment.
(b) The mayor.
All complaints shall be referred to the
department of planning and develop-
ment. If three (3) or more complaints
are received which, upon investigation
by the proper agency, indicate actual
problems of operation of the facility, a
public hearing shall be set before the
city council to review the complaints
and accept any additional evidence
which may be submitted at the hearing
1775
~ 26..30
. WHEAT RIDGE CITI:"CQDE
to determine if the license should be
revoked. The director of planning and
development may initiate a public
hearing based on a single incident if it
is considered to be serious enough to
justify a hearing before the city council.
The council shall judge the evidence to
determine if the shelter is meeting the
requirements in this Ordinance. If
council, after receiving evidence at such
public hearing, determines that the pro-
visions of this section are being vio-
lated so that operation of the shelter
creates a situation detrimental to
health, safety or welfare, such license
shall be revoked. Such notice of public
hearings shall be by a sign being placed
on the premises and a notice in a local
newspaper of general circulation at
least seven (7) days prior to the hearing.
(H) Standards and Criteria for Design, Instal-
lation and Maintenance of Holding Tanks for San-
itation Purposes:
(1) In all instances and cases where installa- .
tion and maintenance of holding tanks for
storage of sewage is required by any sani-
tation district providing service to property
within the City of Wheat Ridge, plans for
such holding tanks shall meet the following
design, installation and maintenance stan-
dards and criteria, or the sanitation dis-
trict's criteria, whichever criteria is most
restrictive, and such plans shall be subject
to review and final approval by the plan-
ning commission and city council under con-
ditional use provisions of section 26-6(A) of
this Zoning Code.
(a) Holding tanks shall be designed for a
minimum of one (I) day's capacity, con-
trolled discharge timed for low flow pe-
riod between midnight and 6:00 a.m.
(between midnight and 6:00 a.m., at a
discharge rate not to exceed 0.5 cfs).
(b) A holding tank of 24-hour capacity may
be concrete, steel or fiberglass; al-
though if the tank has a round bottom,
pumps must be set so that the entire
tank will be emptied to prevent an ac-
cumulation of solids in the bottom.
Supp. No.5
(c) Dual pumps shall be installed with
each pump having the capacity to
empty the tank during the designed dis-
charge period of midnight to 6:00 a.m.
(d) An automatic_pump~ontrol system ac-
tivated by a time clock of an electrical
system automatically energized be-
tween midnight and 6:00 a.m. shall be
provided and installed.
(e) A submergible aerator mixer shall be
operational in the tank to prevent
sewage from settling and becoming
septic.
(l) All tanks shall be vented through a
building stack.
(g) A high fluid warning light and alarm
horn shall be operational.
(h) Any system designed and installed
within the city is the responsibility of
the owner to operate and maintain.
Prior to obtaining a certificate of occu-
pancy, the owner shall furnish the city
a specific and satisfactory maintenance
program commitment and/or agree-
ment.
(2) The standards and criteria set forth in sub-
sections (1)(a) through (l)(h) above consti-
tute minimum standards and criteria for
safe and acceptable holding tank design,
installation and maintenance. Authority is
specifically reserved to the city council to
require design, installation and/or mainte-
nance subject to more stringent criteria and
standards than those set forth herein upon
a specific finding by the city council that
imposition of such stringent requirements
is specifically necessa:ry to protect the
health, safety and welfare of the public; pro-
vided, that no application shall be denied
for the failure of any applicant to meet such
additional standards and requirements un-
less said applicant has been advised of the
content of and necessity to meet such addi-
tional reqnirements in writing by either the
planning commission or the city council no
less than thirty (30) days prior to the date
upon which said application is finally heard
and decided.
(3) The City of Wheat Ridge specifically re-
serves the right and authority to inspect
e
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1776
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ZONING AND DEVELOPMENT
~ 26-30
and approve the design and installation of
any holding tank prior to issuance of a
certificate of occupancy upon any building
or structure. The failure of any holding
tank to meet the requirements imposed
upon it pursuant to this section 26'30(H) -
shall constitute grounds for the denial of
any certificate of occupancy or the issu-
ance of an order to vacate the premises as
a "dangerous structure" pursuant to the
provisions of the Uniform Code for the
Abatement of Dangerous Buildings, 1982
Edition, adopted by the city in Ordinance
509, Series of 1982.
(l) Fences, Walls, and Obstructions to View:
Divisional fences and divisional walls are permit-
ted in any zone district with the issuance of a
fence permit approved by the planning and devel-
opment department in accordance with the follow-
ing provisions:
(1) Permitted fence, etc., heights. Generally,
no divisional fence, wall or hedge above
the height offorty-eight (48) inches shall
be permitted within a minimum required
front yard, or above the height of six (6)
feet in instances not otherwise specified.
Decorative, open-type fences which are at
least eighty (80) percent open, such as
wrought iron fence, may be permitted up
to six (6) feet in height above the elevation
of the street within minimum front yards.
Woven-wire and chainlink fences are pro-
hibited above forty-eight (48) inches in
front yards.
(2) Sight distance triangle requirement:
(a) No divisional fence, wall, hedge or
other obstruction to view in excess of
forty-two (42) inches high, except for
permitted landscaping, signs, public
utility poles, and approved decora-
tive, open-type fences not in excess
of six (6) feet in height, shall be
established or maintained on a cor-
ner lot within a triangular area
bounded by the lot lines and a line
connecting points on each lot line
either twenty-five (25) feet from the
intersection of such lot lines for local
Supp. No, 18
and private streets or fifty-five (55)
feet from the intersection of such lot
lines for collector or arterial streets.
The same shall apply to the intersec-
tion of driveways and public streets,
except that the sight distance trian-
gle may be reduced to fifteen (15)
feet. Street trees required by section
26-32 and signs allowed by Wheat
Ridge Code of Laws, article IV of this
chapter, may be permitted within
the regulated sight distance trian-
gle; provided, that the area between
forty-two (42) inches and eighty-four
(84) inches high is maintained free
and clear of obstruction; and further
provided, that a sign pole does not
exceed one (1) foot in diameter. One-
and two-family dwellings shall be
exempt from application of the fifteen-
foot driveway sight distance triangle
requirement; however, private drives
and private streets which serve more
than two (2) dwellings shall meet
the local street requirements. (See
Figure 26-31.1.)
(3) Columns, poles and posts. Support col-
umns, poles or posts shall be permitted to
be constructed up to one (1) foot higher
than the permitted fence heights; how-
ever, the columns, poles or posts cannot be
. constructed in such a manner as to con-
stitute a traffic hazard due to obstruction
of view. No such column, poles or posts
which extends above the maximum fence
height shall be permitted to be con-
structed greater than two feet by two feet
(2' x 2') and no less than ten (10) feet on
center. .
(4) Fences and divisional walls permitted:
(a) Masonry walls.
(b) Ornamental iron.
(c) Woven wire and chainlink.
(d) Wood.
(e) Hedges_
(f) Barbed wire:
1. Barbed wire shall be permitted
only in Agricultural One (A-I)
1777
~ 26-30
WHEAT RIDGE CITY CODE
(5)
zone districts, or within any
zone district if located within
floodplain areas, or in residen-
tial zones for the keeping of
large animals where allowed,
provided any barbed wire is lo-
cated at least three (3) feet in-
side of another permitted fence
and that the other fence is at
least forty-two (42) inches high;
or
2. Barbed wire shall be permitted
in Commercial and Industrial
zone districts where placed on
top of a six-foot-high fence or
higher where permitted. Barbed
wire placed on top of a fence
shall not be counted toward the
height of a fence. The barbed
wire placed on top of a fence
shall not be greater than two
(2) feet in height and shall point
inwards towards the property.
Fence type prohibited:
(a) Any fence, if in the opinion of the
chiefbuilding inspector, public works
director, or chief of police, that would
constitute a hazard to the health or
safety of any person; and
(b) Any fence which does not comply
with the provisions hereof, unless a
variance has been approved.
Planned developments. Fences and divi-
sional walls within a planned develop-
ment may vary from the standards set
forth herein; however, in such case they
must be in conformance with the provi-
sions specifically set forth for fencing and
walls as approved in the official develop-
ment plan.
Recreational fences:
(a) Open fences (over eighty (80) per-
cent open) may be constructed to a
height not to exceed ten (10) feet for
the uses listed below. Such fences
shall conform to all setback require-
ments for structures in this district;
Recreational uses
(6)
(7)
Supp. No, 18
1778
1. Tennis courts.
2. Volley ball courts.
3. Swimming pools.
4. Golf driving ranges.
5. Goals and backstops.
6. Other similar uses.
(b) Swimming pools shall be enclosed by
a six-foot fence, with all gates being
self-locking and closed and kept
locked when the pool is not in use. In
situations where the six-foot fence
requirements exceeds other fence
height requirements, except for sight
distance requirements, the higher
requirement shall take precedence.
(8) Maintenance. All fences shall be main-
tained in a structurally sound and safe
condition, and shall not be allowed to
deteriorate so as to become unsightly nui-
sances to neighboring property or to the
general public.
(9) Height measurement:
(a) Divisional fences, walls, hedges, and
other divisional structures which are
parallel or are adjacent to public
streets shall be measured as pro-
vided by section 26-31(C)(7) sight
distance triangle requirements.
(b) All other provisional fences, walls,
hedges, and other divisional struc-
tures or obstructions shall be mea-
sured from fmish grade, five (5) feet
inside of the property to which it
belongs.
(J) Satellite-Receiving Earth Stations:
(1) Term defined. A "satellite earth station"
means an antenna of any size, shape or
description designed for the purpose of
receiving microwave transmissions di-
rectly or indirectly from satellites.
(2) Permit required; application and fee. No
person shall erect a satellite earth station
in the city without first obtaining a per-
mit, and no installation or erection shall
commence before such permit is issued.
.
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e
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e
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ZONING AND DEVELOPMENT
~ 26-30
(3) Application for permit and plans:
(a) Any person who desires to install or
erect a satellite earth station shall
apply to the department of planning
and development for a permit. An
occupant, renter or co-owner shall
have the written permission of all
owner(s) of the lot, premises or par-
cel of land within the city on which
such satellite earth station is pro-
posed to be installed or erected.
(b) The applicant shall submit a written
application upon forms provided by
the department of planning and de-
velopment and shall also submit:
1. A plot plan of the property or
parcel of land showing the ex-
act location of the proposed sat-
ellite earth station and all other
buildings on the subject prop-
erty;
2. A description of the kind ofsat-
ellite earth station proposed;
3. Plans showing specifications and
elevations of the proposed sat-
ellite
Supp. No. IS
1778.1
~ 26-30
ZONING AND DEVELOPMENT
.
4. Not roof-mounted; and
5. Located only in the rear or side
yard with the base a minimum of
ten (10) feet from any property line,
except that where a side yard abuts
a public street, such antenna shall
not be permitted in that yard; and
6. Screened so that the full visual im-
pact of satellite receiving antenna
shall be reduced. If the subject
parcel adjoins a residential zone,
all antennas shall be effectively
screened by a fence, wall or dense
screening hedge to a maximum
height of six (6) feet. Said fence,
wall or hedge shall be located on
or near the lot line bounding the
residential zone and shall other-
wise comply with the applicable
zoning requirements governing its
location.
earth station with sufficient de-
tails to show the method of as-
sembly and construction.
(c) The written application shall indicate
the names of the owner(s) of the subject
property, the occupant of the subject
property, the occupant of the subject
premises and the contractor or other
person proposed to construct or erect
the proposed satellite earth station.
(d) The director of planning and develop-
ment, or his designee, may issue the
permit, provided the applicant has met
all requirements of this chapter.
(4) Permit fee. Prior to issuance of a permit for
a satellite earth station, the applicant shall
pay the fee specified by the Uniform
Building Code for building permits, based
on valuation of the project.
(5) Inspection and installation. The director of
planning and development, or his designee,
may inspect and reinspect erected or in-
stalled satellite earth stations, and should,
in his opinion, any structural or electrical
deficiencies become apparent or develop
with regard to the satellite earth station
such as to cause said station to be or to
become out of compliance with any city-
adopted codes or ordinances or regnlations,
he shall require compliance with the provi-
sions of applicable codes.
(6) Location of satellite earth stations:
(a) Residential Zone Districts: A satellite
earth station may be located in a resi-
dential zone, provided that it is:
1. Neutral in color, nonreflective and
bears no advertising emblem or in-
formation other than the name of
the manufacturer in letters not to
exceed two (2) inches in height; and
2. Limited to one (1) per lot, except
multifamily developments may
have one (1) per main building
where there are multiple main
buildings on a lot; and
3. Not in excess of twelve (12) feet in
diameter; nor fifteen (15) feet in
height; and
(b) Business, Commercial or Industrial
Zone Districts: A satellite earth sta-
tion may be located in any business,
commercial or industrial zone, provided
that it is:
1. Neutral in color, nonreflective and
bears no advertising emblem orin-
formation other than the name of
the manufacturer in letters not to
exceed two (2) inches in height; and
2. Limited to one (1) per lot or per
main building; and
3. Not in excess of twelve (12) feet in
diameter or twenty (20) feet in
height (unless roof-mounted); and
4. Not in excess of the maximum
height of the zone district in which
the satellite earth station is located
if roof-mounted. A study of roof ca-
pabilities to handle the additional
load shall be submitted with
permit and plans; and
5. Not constructed any closer to the
ground, if not located directly on
the ground, then seven (7) feet
above ground level; and
6. Not located between a building and
a front lot line, if ground-mounted.
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Supp. No.5
1779
~ 26-30 WHEAT RIDGE CITY CODE
If the subject parcel adjoins a res- dinance shall not apply to American Cable- .
idential zone, all antennas shall be vision of Wheat Ridge or any successor, ad-
placed a minimum of ten (10) feet ditional franchisee or permittee under
from any lot line and effectively chapter 23 of the Code of Laws of the City
screened by a fence, wall or dense of Wheat Ridge.
screening hedge to a maximum (10) Statement of purpose. The city council of
height of six (6) feet. Said fence, the City of Wheat Ridge is cognizant of the
wall or hedge shall be located on provisions of the rule adopted by the Fed-
or near the lot line bounding the eral Communications Commission as Sec-
residential zone and shall other- tion 25.104 of the Commission's Rules and
wise comply with the applicable Regulations. As its response thereto, the
zoning requirements governing its city council does hereby declare that the
location. purpose of adopting this section 26-30(J) is
(7) Satellite earth station construction; support to protect the aesthetic integrity of the City
structures: of Wheat Ridge and the neighborhoods
thereof. In adopting said section 26-30(J),
(a) Only galvanized metal support con- the city council has attempted to adopt reg-
struction or equivalent shall be per- ulations which provide for such aesthetic
mitted. protection while placing the least possible
(b) The structure, installation and elec- restrictions or limitations upon the legiti-
trical wiring must be in conformance mate ability of residents to avail themselves
with the National Electrical Code and of the current and future technology repre-
any other applicable city building, sented by satellite signal-receiving earth
zoning and fire codes. stations. Ihe city council has knowingly and .
(c) Only a concrete base or caissons, de- intentionally provided for restrictions on
pending on soil conditions, extending such aspects of satellite signal-receiving
not less than three (3) feet below the earth stations as color and location and roof
surface, shall be employed in line with mounting because those aspects of regula-
grade. tion relate directly to aesthetic consider-
(d) The structure, including the founda- ations which are important to all residents
tion, shall be designed to withstand of the city, not just those who choose to avail
wind force of up to ninety (90) miles themselves of the technology of satellite
per hour. signal-receiving earth stations, and those
(e) Any driving motor shall be limited to aspects of regulations which are deemed not
125-volt maximum design voltage and to interfere unreasonably with the right of
all other rotating parts shall be con- a homeowner or business owner to avail
tained in protective guards. himself of, and to receive, said technology.
(I) The satellite earth station shall be In addition, the right of an aggrieved prop-
bonded to a grounding rod in accor- erty owner to seek a variance from the pro-
dance with the requirements provided visions of this section 26-30(J) provides ad-
in the National Electrical Code. equate protection, without unreasonable or
(8) Board of adjustment authority. Authority excessive cost, of the rights of both the user
of the technology and the remaining prop-
is expressly granted to the board of adjust- erty owners within the city.
ment to hear requests for variance, and to
grant variances, from the provisions of this (K) Overlay Zone:
section 26-30(J). (1) Purpose. This section 26-30(K) is enacted
(9) Exemption of cable television permittee. It is for the purpose of regulating the uses of
the expressed intent of the Wheat Ridge property, and design and the development
City Council that the provisions of this Or- criteria applicable to properties, within .
Supp. No.5
1780
ZONING AND DEVELOPMENT
~ 26.30
e
areas designated as a "multiple use area"
and/or an "activity center" within or upon
the Comprehensive Development Plan of
the City of Wheat Ridge. Because the Com-
prehensive Development Plan defined "mul-
tiple use" as including "a mix" of residen-
tial, office and retaiL/commercial uses, and
because "activity center" constitutes prop-
erties of significant development potential,
some of which uses and developments may
be incompatible with neighboring or ad-
joining properties and/or uses, imposition
of design standards and the authority, in
certain cases I to limit uses otherwise pro-
vided in underlying zoning districts is
deemed necessary and proper by the City of
Wheat Ridge in order to maintain the right
and authority of the city to provide for or-
derly and necessary development while
being sensitive and responsible to the legit-
imate needs and concerns of surrounding
and adjoining property owners and resi-
dents.
(2) Within any area designated as a multiple
use area or an activity center upon the Com-
prehensive Plan, site plan approval shall
be required prior to final approval of any
rezoning, final development plan or special
use permit. The planning commission and
the city council shall review site plans
which comply with the requirements of sec-
tion 26-6(E)(1) for a Type I site plan, and
shall review proposed uses within said areas
so as to determine that such uses as pro-
posed, and design criteria within such de-
velopment as proposed, are compatible with
other uses made, and design criteria uti-
lized, within the neighborhood and the sur-
rounding area. Uses provided for in under-
lying wne districts may be limited, modified
or eliminated, and/or additional design cri-
teria may be imposed upon the expressed
fmding by the planning commission and/or
city council, based upon evidence deemed
persuasive by the city council and ade-
quately appearing in the record of a public
hearing before either the city council or the
planning commission, that the uses lim-
ited, or the design criteria modified, are in-
Supp. No.6
.
.
compatible with uses made upon sur-
rounding properties; or that such uses as
proposed would create excessive traffic,
noise or air pollution; or that such uses or
project design would result in a density or
intensity of use which would be deleterious
to the stability and integrity (both economic
and aesthetic) of the surrounding area.
Nothing contained herein shall divest any
property owner of any uses by right granted
by underlying zone districts or existing by
virtue of zoning on property as of September
1, 1986, except upon review of rezonings,
final development plans, and special use
permits as specified herein; provided fur-
ther, that nothing contained herein shall
require submission of a site plan prior to
the development of single-family residen-
tial units in any area which carries a zoning
designation ofR-1, R-1A, R-lE, R-1C or R-2.
(L) Regulations Applicable to the Keeping of An-
imals: The following regulations apply to the
keeping of animals in zone districts where per-
mitted, except that only subsection (L)(1)(b.). below
applies to the Agricultural zone districts.
(1) Large animals. Private stable for the
keeping of horses, cows,llamas, sheep, goats
and similar animals are subject to the fol-
lowing requirements:
(a) Minimum area or lot, excluding area
covered by a main structure and at-
tached carports or patios, and excluding
detached garages, shall be nine thou-
sand (9,000) square feet for the first an-
imal and an additional six thousand
(6,000) square feet for each additional
animal, except that offspring of ani-
mals on the property may be kept until
weaned_
(b) Manure or liquid waste shall not be
allowed to accumulate so as to cause a
nuisance as regulated by Wheat Ridge
Code of Laws, Chapter 15.
(c) The pen, corral or fenced area for the
keeping of such animals shall meet the
following requirements:
1. The fence or other enclosure must
be constructed of materials and
1781
~ 26-30
WHEAT RIDGE CITY CODE
must be maintained in such a
manner so as to adequately con-
tain the animals.
2. The pen, corral or fenced area for
the regular keeping of such ani-
mals shall not be permitted within
thirty (30) feet of the front lot line,
except for lots over one (1) acre, or
if under one (1) acre if the lot has
no main structures.
3. No part of an enclosure for the
keeping of such animals shall be
permitted within thirty (30) feet of
a residence or other main struc-
ture on an adjacent parcel.
(d) 1. Structures or those portions of
structures where animals are
housed shall be no closer than fif-
teen (15) feet to a side or rear lot
line and shall be no closer than
thirty (30) feet to a residence or
other main structures on an adja.
cent parcel.
2. The structures for keeping of ani-
mals are accessory structures and
shall not be located within the re-
quired front yard setback.
(e) The legal, nonconforming keeping of
such animals may be continued so long
as such keeping of animals remains oth-
erwise lawful; except where such
keeping of animals is discontinued for
a period of sixty (60) consecutive days
or more, then said keeping of animals
must conform to the provisions hereof
or must cease. Upon sale of a property,
the minimum requirements of subsec'
tion (L)(l)(a) (minimum lot areas) shall
be met or the keeping of animals must
cease-.
(2) Small animals and poultry. The private
keeping of small animals, such as rabbits
and chinchillas, or poultry, such as
chickens, ducks, geese, pheasants or pi-
geons, shall be subject to the following re-
quirements:
(a) Poultry houses and pigeon coops, or the
portions of structures used to house
Supp. No.6
these animals, shall not exceed four
hundred (400) square feet of ground
floor area nor twelve (12) feet in height.
(b) Hutches for small animals shall not ex-
ceed one hundred (10D) square feet of
ground floor area with a maximum of
two (2) floors or levels.
(c) Maximum ground floor areas for small
animals or poultry set forth above may
be increased Oy fifty (50) percent for
each acre in; addition to' the' minimum
lot size for the. zone. distnict..
(d) All houses, coops, hutches or' portions
of structures housing animals shall be
located other than in a front yard, shall
be set back at least fifteen (l5) feetfrom
side and rear property lines, and shall
be no closer than thirty (30) feet from a
residence or other main structure on
an adjacent property.
(e) The accumulation of animal waste to
the extent that such becomes a nui-
sance to surrounding properties is pro-
hibited, as regulated by Wheat Ridge
Code of Laws, section 15-23.
(I) The legal, nonconforming keeping of
such animals may be continued so long
as such keeping of animals remains oth-
erwise lawful; except where such
keeping of animals is discontinued for
a period of sixty (60) consecutive days
or more, then said keeping of animals
must conform to the provisions hereof
or must cease.
.
.
(3) Keeping of bees. The private keeping of bees
is permitted in all zone districts, subject to
the following requirements:
(a) Beehive structures shall be located
other than in a front yard and shall be
set back from rear and side property
line a minimum of fifteen (15) feet.
(b) Beehive structures shall be enclosed
within a fenced area or fenced yard.
(M) Bed-N-Breakfast Rooms: Bed-N-breakfast
rooms are allowed as a special use as a subordi-
nate use of a one-family dwelling subject to the
following requirements:
.
1782
.
.
.
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.
ZONING AND DEVELOPMENT
~ 26.30
(1) The dwelling must be occupied by the
owner.
(2) In addition to the owner's sleeping quar-
ters and those of his family who also
legally reside within the dwelling, up to a
maximum of four (4) additional sleeping
quarters for transient occupancy may be
provided for rent based upon the follow-
ing requirements:
(a) Twelve thousand five hundred
(12,500) square feet of lot area is
required for the first bed and break-
fast room.
(b) An additional one thousand (1,000)
square feet oflot area is required for
each additional room, up to a maxi-
mum of four (4) bed and breakfast
rooms in total.
(c) Off-street parking, in addition to the
spaces required for the one-family
dwelling, shall be provided at the
rate of one (1) space for each bed and
breakfast room. The location, surfac-
ing, buffering and access require-
ments for such parking shall be es-
tablished by the planning commission
and city council as the required site
plan is reviewed by those approving
bodies.
(d) Rooming and boarding is excluded
as an accessory use where bed and
breakfast use is permitted.
(3) All building, fire, health and other appli-
cable codes of laws shall be met prior to
issuance of a certificate of occupancy for
the use, even though the special use may
have been approved.
(4) One (1) nonilluminated freestanding or
wall sign, not in excess of four (4) square
feet per face, shall be permitted. Free-
standing signs shall be set back at least
ten (10) feet from property lines, and
fifteen feet (15) from driveways, and shall
be no higher than four (4) feet,
(5) The Special use permit shall be granted to
the owner or proposed owner of the prop-
erty at the time of application and shall
not be transferable to a future owner.
Supp. No, 18
(N) Access to Public Streets: No building per-
mit or certificate of occupancy shall be issued or
approved for any structure not adjacent to a full
width dedicated street as required in the subdivi-
sion regulations of the City of Wheat Ridge or, in
a situation where such requirement cannot be
met, on easement(s) or private roadway(s) of
record having a minimum width of twenty-five
(25) feet.
For residential uses, no more than four (4)
dwelling units may use the same recorded ease-
ment or private roadway of record. For nonresi-
dential uses in residential zone districts, no more
than ten thousand (10,000) square feet of gross
floor area, either individually or in combination,
will be permitted to use the same easement pr
private roadway. Commercial and industrial uses
will be permitted such private easements or road-
ways only after review and approval by the public
works director, planning and development direc-
tor and fire district. All private easements or
roadways shall be designed to permit either an
adequate vehicle turnaround, if a deadend, or
through circulation. For nonresidential uses, such
private access. shall have a paved, unobstructed
driving surface for the entire twenty-five (25) feet
of width. For residential uses, the first twenty-
five (25) feet from edge of pavement of a public
street into the property shall be paved to a width
of no less than twenty (20) feet and the remaining
access road shall be developed to at least twenty
(20) feet of width, either a paved surface or other
all-weather surface including a gravel base.
(0) Building Setbacks-Measurement Thereof
Generally, building setback shall be measured at
right angles from the closest property line to the
outermost wall of a building. Encroachment into
required setback areas shall not be permitted
except as follows,
(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
(8) feet or, into a side or rear yard a
maximum of one-third the distance to the
closest property line.
(2) Architectural features. Cornices, eave
beltcourses, sills, canopies or other simi-
1783
~ 26-30
WHEAT RIDGE CITY CODE
lar 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.
(P) Residential Group Homes:
(1) Residential group homes for six (6) to
eight (8) elderly persons. In accordance
with C.R.S., 1973, as amended, S 31-23-
303, group homes for six (6) to eight (8)
elderly persons are permitted, provided
that such group home meets all require-
ments of the zone district in which the
group home is located. No such group
home for elderly persons shall be located
closer than seven-hundred and fifty (750)
feet from another group home for elderly
persons.
(2) Residential group homes for nine (9) or
more elderly persons. Such group homes,
as defined in section 26-5 and described
and conditioned under subsection (PK1) of
this section, but where nine (9) or more
elderly persons are to occupy a group
home, shall be permitted only upon ap-
proval of a special use permit, after public
hearing by the planning commission and
city council, in accordance with section
26-6(B)_
(3) Residential group home for children. A
residential group home for children, as
defmed by section 26-5, shall maintain a
minimum lot area offifteen hundred (1500)
square feet for each child residing at the
home, and shall provide view-obscuring
screening of any additional structure, such
as a trash dumpster or playground equip-
ment associated with the group home,
Supp, No, 18
which is inconsistent with the character
of the surrounding neighborhood. A resi-
dential group home for children shall be
permitted only as a special use approved
in accordance with section 26-6(B).
(4) Any special use permit granted pursuant
to section 26-6 for a residential group
home shall be limited to its effectiveness
to the applicant therefor, and shall pro-
vide, by its terms, for termination upon
cessation of ownership, management or
use of said applicant. The limitation spec-
ified in this subsection (P)(4) is deemed
necessary by the city council in order to
maintain the maximum lawful authority
over the use and user approved by any
such issued special use permit, and is
deemed necessary to protect the integrity
and character of surrounding properties
and neighborhoods.
(5) The special use permit for any residential
group home shall be for a term of one (1)
year and shall be automatically renew-
able by the director of the department of
community development upon receipt of
any application for renewal if, following
review of the files of all city departments
and those of the county department of
social services, it is determined by the
director that no written verifiable com-
plaints concerning the operation of the
group home during the term of the special
use permit have been received. If one or
more written verifiable complaints have
been received, the application for renewal
must be heard by the city council under
the same requirements as for a new spe-
cial use permit.
(Q) Home Occupation Regulations:
(1) Class I home occupation. The use of a
portion of a dwelling or accessory struc-
ture for .commercial or business activities
customarily conducted in the home and
which are incidental to the primary use as
a home or residence; provided, however,
that the following requirements are met:i
(a) Such use shall be conducted entirely
within a dwelling or accessory struc-
1784
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.
.
.
.
i ZONING AND DEVELOPMENT ~ 26-30
I .
ture except for sales of plants and (i) Parking related to the home occupa-
produce grown on the premises and tion shall be confined to the street
. carried on only by the inhabitants frontage of the lot in question, the
living there, with the exception that driveway and the garage/carport. In
should the operator be substantially, instances where the home is used as
physically handicapped a nonresi- an office for business conducted off-
dent may be employed to assist the premises, such as by way of exam-
operator in his work to the extent he pIe, a home improvement contractor,
requires it to make up for his phys- lawn care service, etc., storage of
ical handicap. materials, tools, equipment, trailers,
(b) Such use shall be clearly incidental trucks or vans used in the business,
and secondary to the use of the dwell- except as specified below, shall not
ing for dwelling purposes and shall be permitted upon the premises from
not change the character thereof. which the home occupation operates.
In addition, parking of vehicles of
(c) The total area used for said purposes employees who work off of the prem-
shall not exceed twenty-five (25) per- ises shall not be permitted upon the
cent of the gross floor area of the premises or upon streets adjacent to
user's dwelling unit. the premises. The home occupant
(d) No signage shall be allowed on the may 'park no more than two (2) au-
site to identify home occupation. tomobiles and/or one (1) truck or van
(e) No home occupation shall create neg- used in the business upon the prem-
. ative impacts for the residential ises or within street frontage where
allowed; provided, that any such truck
neighborhood and it shall not change or van does not exceed a one-ton
the residential character thereof. chassis. It is preferred that all tools,
(D The use shall not generate traffic, equipment and materials be totally
noise, vibration, glare, fumes, odors enclosed within this vehicle or within
or electrical interference beyond what enclosures attached to the vehicle.
normally occurs in any residential (j) Home occupations shall be limited to
zone district. the following business or commer-
(g) There shall be only incidental stor- cial activities (see section 26-5):
age of stocks, supplies or products 1. Craft work, such as the making
related to the occupation conducted of pottery, jewelry or dolls, flower
on the premises. Merchandise stored arranging, smithing and wood-
or merchandized on the premises, working.
which is either for retail sales or for 2, Garment work, such as tailor-
delivery of pre-sold items, shall be ing, dressmaking, millinery
limited to a maximum area of one work, ironing and garment re-
hundred (100) square feet. pair.
(h) There shall be no exterior storage on 3. Office uses, such as office uses
the premises of materials, products for door-to-door, home party and
e or equipment used as part of the telephone solicitation sales, in-
home occupation, nor shall there be vestment counseling, typing, no-
any visible evidence from any prop- tary public, travel services, sur-
erty line, except by approved signs, veyors, physicians, dentists,
. of operating a home occupation ex- lawyers, accountants, architects,
cept for sales of plants and produce engineers and other similar ser-
grown on the premises. vices.
Supp. No. 18 1785
~ 26-30 WHEAT RIDGE CITY CODE .
4. Repair services for electronics, 11. Delivery of pre-sold items which
small appliances, and mechan- were sold either over the tele-
ical devices, bicycles and uphol- phone, by door-to-door solicita- .
stery. tion or at home parties, such
5. Tutoring, music lessons, dance as; beauty products, kitchen
lessons, gymnastics lessons, ware, home products, etc.
swim lessons and tennis les- 12. Other similar uses as approved
sons. by the zoning administrator or
6. Artistic endeavors, such as art board of adjustment and when
studios, portrait studios, pho- in conformance with the stan-
tography studios, writing and dards and requirements set
lithography. forth herein.
7. Garage sales, not to exceed four (k) In no event shall any of the home
(4) three-day periods, which occupations permitted be interpreted
need not be consecutive, per to allow any of the following busi-
ness or commercial activities:
calendar year. 1. Body or mechanical repair or
8. Hair care services carried on by modification of motor vehicles
only one (1) inhabitant of the (for hire).
dwelling. No other employee 2. Animal hospital, kennel or an-
shall be permitted. imal grooming.
9_ Small day care home. 3. Residential health care facility.
10. Sales directly related but merely 4. Taxidermy oflarge animals and .
ancillary to the primary home large fish and/or curing of hides
occupation, such as: and skins.
a. Sale of hair care products 5. Parking of vehicles for a fee or
by a beautician or barber. any other thing considered of
b. Sale of accompaniment value.
items, such as neckties, (2) Class II home occupation. The use of a
bows, ribbons or belts for portion of a dwelling or accessory struc-
a tailor or dressmaker. ture for commercial or business activities
c. Sale of component parts customarily conducted in the home and
or accessories used in re- which are incidental to the primary use as
pair services for electron- a home or residence; provided, however,
ics, small appliances, bicy- that the following requirements are met:
cles, etc. (a) A Class II home occupation may be
d. Supplies related to a class, permitted only upon approval by spe-
course of instruction, or cial use permit.
lessons conducted on the (b) In addition to the inhabitants living
site. within a residential dwelling, one (1)
e. Sales of artistic or craft or two (2) employees, who do not
works which were created reside upon the premises, may be
on the site, such as pot- employed and work upon the prem- .
tery, jewelry, dolls, por- ises if approval by special use per-
traits, paintings, sculp- mit.
tures, etc. (c) Such use shall be conducted entirely
f. Sales of plants and pro- within a dwelling or accessory struc- .
duce grown on the prem- ture except for sales of plants and
ises. produce grown on the premises.
Supp, No, lS 1786
. ZONING AND DEVELOPMENT ~ 26-30
(d) Such use shall be clearly incidental (I) Parking related to the home occupa-
and secondary to the use ofthe dwell- tion shall be confined to the street
. ing for dwelling purposes and shall frontage of the lot in question, the
not change the character thereof. driveway and the garage/carport. All
(e) The total area used for said purposes on-site parking areas shall be de-
shall not exceed thirty-five (35) per- signed so as to accommodate the
cent of the gross floor area of the needs of both the residential-use and
user's dwelling unit. the business use, shall be paved, and
(f) Such use shall only be allowed on shall provide for on-site turnaround
arterial streets and the following col- so that vehicles do not back out into
lector streets: West 38th Avenue east the street. In addition to the stan- .
of Wadsworth; West 44th Avenue dard residential dwelling parking re-
Harlan to Youngfield; Harlan Street quirement, two (2) on-site parking
from West 38th Avenue to 1-70. spaces per nonresident employee shall
(g) The only advertising signage permit- be required. In instances where the
ted shall be one (1) nonilluminated, home is used as an office for busi-
nonreflective, nonobstructive wall or ness conducted off-premises, such as,
arcade sign which does not exceed by way of example, a home improve-
two (2) square feet in area. Signs ment contractor, lawn care service,
will be approved by the zoning ad- etc., storage of materials, tools, equip-
ministrator and shall be permitted ment, trailers, trucks or vans used
only after a sign permit has been in the business, except as specified
obtained. below, shall not be permitted upon
. (h) No home occupation shall create neg- the premises from which the home
ative impacts for the residential occupation operates. In addition,
neighborhood and it shall not change parking of vehicles of employees who
the residential character thereof. work off of the premises shall not be
(i) The use shall not generate traffic, permitted upon the premises or upon
streets adjacent to the premises. The
noise, vibration, glare, fumes, odors home occupant may park no more
or electrical interference beyond what than two (2) automobiles and/or one
normally occurs in any residential (1) truck or van used in the business
zone district, upon the premises or within street
(j) There shall be only incidental stor- frontage where allowed; provided,
age of stocks, supplies or products that any such truck or van does not
related to the occupation conducted exceed a one-ton chassis. It is pre-
on the premises. Merchandise stored ferred that all tools, equipment and
or 'merchandised on the premises materials be totally enclosed within
which is either for retail sales or for this vehicle or within enclosures at-
delivery of pre-sold items shall be tached to the vehicles.
limited to a maximum area of two (m) Home occupations shall be limited to
hundred (200) square feet. the following business or commer-
(k) There shall be no exterior storage on cial activities:
the premises of materials, products 1. Craft work, such as the making
. or equipment used as part of the of pottery, jewelry, or dolls,
home occupation, nor shall there by flower arranging, smithing and
any visible evidence from any prop- woodworking.
erty line, except by approved signs, 2. Garment work, such as tailor-
. of operating a home occupation ex- ing, dressmaking, millinery
cept for sales of plants and produce work, ironing and garment re-
grown on the premises. pair.
Supp. No, 18 1787
~ 26-30 WHEAT RIDGE CITY CODE .
3. Office uses, such as office uses on the site, such as pot-
for door-to-door, home party and tery, jewelry, dolls, por-
telephone solicitation sales, in- traits, paintings, sculp- .
vestment counseling, typing, no- tures, etc.
tary public, travel services, sur- f. Sales of plants and pro-
veyors, physicians, dentists, duce grown on the prem-
lawyers, accountants, architects, ises.
engineers and other similar ser- 11. Delivery of pre-sold items which
vices. were sold either over the tele-
4, Repair services for electronics, phone, by door-to-door solicita-
small appliances, and mechan- tion or at home parties, such as
ical devices, bicycles and uphol- beauty products, kitchen ware,
stery. home products, etc.
5. Tutoring, music lessons, dance 12. Other similar uses as approved
lessons, gymnastics lessons, by the zoning administrator or
swim lessons and tennis les- board of adjustment and when
sons. in conformance with the stan-
6. Artistic endeavors, such as art dards and requirements set
studios, portrait studios, pho- forth herein.
tography studios, writing and (n) In no event shall any of the home
lithography. occupations permitted be interpreted
7. Garage sales, not to exceed four to allow any of the following busi-
(4) three-day periods, which ness or commercial activities: .
need not be consecutive, per 1. Body or mechanical repair or
calendar year. modification of motor vehicles
8. Hair care services carried on by . (for hire).
no more than three (3) employ-
ees including inhabitants of the 2. Animal hospital, kennel or an-
dwelling. imal grooming.
9. Small day care home. 3. Residential health care facility.
10, Sales directly related but merely 4. Taxidermy oflarge animals and
ancillary to the primary home large fish and/or curing of hides
occupation, such as: and skins.
a. Sale of hair care products 5. Parking of vehicles for a fee or
by a beautician or barber. any other thing considered of.
b. Sale of accompaniment value. .
items, such as neckties, (0) The applicant shall be required to
bows, ribbons or belts for hold a neighborhood meeting to de-
a tailor or dressmaker. termine if the home occupation is an
c. Sale of component parts acceptable use in the neighborhood.
or accessories used in re-
pair services for electron- (R) Trash Storage Area Screening: Trash stor-
ics, small appliances, bicy- age for all existing and new multiunit dwellings, .
cles, etc. institutional buildings, all business and indus-
d. SJlpplies related to a class, trial buildings or uses and agriculturally-zoned
course of instruction or les- properties shall be accommodated within the struc-
sons conducted on the site. ture, or if located outside, shall be located or .
e. Sales of artistic or craft screened so as not to be visible from' adjacent
works which were created public streets or from adjacent low-density resi-
Supp. No, 18 1788
.
.
.
.
.
ZONING AND DEVELOPMENT
~ 26-30
dential dwellings within one hundred (100) feet of
the trash storage area. If screened by a fence or
wall, a fence permit shall be required, and such
screening shall be by a decorative wall or fence six
(6) feet in height. The enclosure or screen wall or
fence should be constructed so as to protect from
damage by normal removal and replacement of
the dumpster by a trash truck. Maintenance will
be required if enclosure is damaged and/or dilap-
idated, or in need of repair, and the area around
the closure shall be kept clean.
In no instance shall trash enclosures be per-
mitted to encroach into sight distance triangles
for driveways or street corners. No such enclosure
shall displace required parking spaces, or land-
scaping, unless reviewed and approved by the
director of planning and development as an ad-
ministrative variance after considering all reason-
able alternatives. An administrative variance shall
follow the procedures set forth in section 26-
6(D)(2)(a), minor variances [or waivers], except
shall not be limited to the ten (10) percent provi-
sions thereof.
One- and two-family dwellings and accessory
uses, except for temporary construction purposes
and agriculturally-zoned properties, shall not be
permitted to maintain large trash dumpsters one
(1) cubic yard or larger, as such dumpsters are of
a size and type normally associated with commer-
cial uses.
(S) Exterior Lighting Standards:
(1) Purpose. The purpose of this section is to
regulate the spillover of light and glare
from exterior lighting on operators of mo-
tor vehicles, pedestrians and land uses in
the proximity of the light source. With
respect to motor vehicles in particular,
safety considerations form the basis of the
regulations contained herein. In other
cases, both the nuisance and hazard as-
pects of glare, reflected light and inciden-
tal spillover light are regulated. This sec-
tion is not intended to apply to public
street lighting or to public outdoor parks
and recreation uses.
(2) Performance standards:
(a) All exterior lighting shall be de-
sigued and situated so that substan-
Supp. No, 18
tially all of the directly-emitted light
falls within the property boundaries.
(b) Exterior lighting shall also be de-
signed and situated so that no inci-
dental or reflected light interferes
with reasonable enjoyment of adja-
cent land uses, nor safe movement of
motor vehicles on public streets.
(c) The following exterior lighting is spe-
cifically prohibited:
1. Any light that may be confused
with or construed as a traffic
control device.
2. Any animated, flashing or
changing intensity lights, ex-
cept for temporary holiday dis-
plays.
(3) Permit required. An electrical permit ap-
plication shall be required, and a permit
issued, prior to installation or substantial
modification of any exterior lighting. Such
permit application shall be accompanied
by information as may be required by the
Uniform Electrical Code, and additional
information that may be necessary to de-
termine potential negative effects upon
adjacent properties and public streets in-
cluding, but not limited to, a plot plan
showing location and orientation of light-
ing standards, building elevations show-
ing location and orientation of lighting
standards, lighting standard specifica-
tions including height, type (i.e., cut-off,
non-cut-off, spot flood light, etc.), peak
candlepower diagram, and any shielding
devices to be incorporated so as to mini-
mize incidental light spillover or glare.
(T) Commercial Mobile Radio Service (CMRS)
Facilities:
(1) Prohibition. No CMRS facility shall be
constructed in any residential district (with
the exception of Planned Residential Dis-
tricts pursuant to subparagraph (3) here-
of).
(2) Review procedure-General. Proposed
CMRS facilities in the RC-1, RC, C-I, C-2,
1789
S 26-30
WHEAT RIDGE CITY CODE
I, A-I and A-2 zone districts shall be
reviewed pursuant to the following proce-
dures:
(a) Building- or structure-mounted
CMRS facilities shall be reviewed by
the department of planning and de-
velopment for compliance with the
requirements of the Zoning Ordi-
nance.
(b) Roof-mounted CMRS facilities must
receive a conditional use permit, pur-
suant to the procedure at section
26-6(A).
(c) Freestanding CMRS facilities must
receive a special use permit, pursu-
ant to the procedure at section 26-
6(B).
(3) Review procedure-Planned development
districts. Roof-mounted and freestanding
CMRS facilities proposed for cohstruction
in any planned development district (in-
cluding planned residential districts); un-
less specifically listed or shown as such in
the final development plan, require amend-
ment of the final development plan. Build-
ing- or structure-mounted CMRS facili-
ties proposed for construction in any
planned development district (including
planned residential districts) may be per-
mitted by the department of planning and
development pursuant to section 26-25,
provided the proposed facility is consis-
tent with the character of the district.
(4) Multiple providers. No more than one (1)
roof-mounted or freestanding CMRS facil-
ity may be constructed or maintained
upon a property in single ownership; pro-
vided, however, that additional CMRS fa-
cilities may be approved at the same loca-
tion by conditional or special use review,
consistent with subsection (T)(2), pro-
vided all other requirements of subsection
(T) and the Zoning Ordinance are met.
(5) Building- or structure-mounted CMRS fa-
cilities shall be subject to the following
requirements:
(a) Such facilities shall be architectur-
ally compatible with and colored to
match the building or structure to
which they are attached.
Supp. No, 18
(b) The maximum protrusion of such
facilities from the building or struc-
ture face to which they are attached
shall be two (2) feet.
(c) Building or structure mounted whip
antennas shall extend no more than
ten (10) feet above the highest point
ofthe building or structure to which
they are attached.
(6) Roof-mounted CMRS facilities shall be
screened or camouflaged as appropriate
from view from adjacent property lines.
Such facilities are additionally subject to
the following requirements:
(a) Such facilities shall be architectur-
ally compatible with and colored to
match the building or structure to
which they are attached.
(b) Roof-mounted CMRS whip antennas
shall extend no more than ten (10)
feet above the parapet of any flat
roof or ridge of a'sloped roof to which
they are attached.
(c) Roof-mounted CMRS panel anten-
nas shall extend no more than seven
(7) feet above the parapet of a flat
roof or ridge of a sloped roof to which
they are mounted.
(d) Roof-mounted CMRS accessory struc-
tures shall extend no more than seven
(7) feet above any parapet of a flat
roof upon which they may be placed,
and shall not be permitted on a sloped
roof.
(7) Freestanding CMRS facilities shall be vi-
sually screened from adjacent residential
development and public rights-of-way as
follows:
(a) All accessory buildings and equip-
ment cabinets shall be totally
screened from view from adjacent
property lines.
(b) Screening, landscaping and/or exte-
rior building fInishes and colors shall
be compatible with the existing char-
acter of the site and adjacent prop-
erties and shall be determined as
part ofthe special use permit review
process.
1790
.
.
.
.
.
.
.
.
.
.
ZONING AND DEVELOPMENT
~ 26-31
(8) Pursuant to Charter section 5.10.1, and
notwithstanding any other provision of
this Code to the contrary, no CMRS facil-
ity shall exceed the height limit applica-
ble to the underlying zone district in which
such facility is located.
(9) The construction and use of a CMRS
facility shall not cause interference to
other adjacent CMRS facilities. The City
of Wheat Ridge shall be held harmless if
interference occurs.
(10) CMRS facilities which are abandoned by
disconnection of power service, equip-
ment removal or loss of lease for greater
than six (6) months shall be removed by
the CMRS facility owner. Should the owner
fail to remove the facilities, the city may
do so at its option, and the costs thereof
shall be a charge against the owner
(11) Notwithstanding any provision of this sub-
section (T) to the contrary, any freestand-
ing CMRS facilities legally existing upon
the effective date of these regulations:
November 18, 1996, shall be considered
legal nonconforming uses. Additional an-
tennas may be permitted to be collocated
upon such facilities, provided such facility
is certified by a registered, professional
engineer that it was originally designed
and constructed, without need of struc-
tural modifications, including increased
height, to handle the additional load. Any
such addition to nonconformingfreestand-
ing facilities will be allowed only upon
special use review and approval pursuant
to section 26-6(B). This provision does not
apply to roof or building mounted CMRS
facilities.
(Ord. No. 1988-774, ~ 1, 9-26-88; Ord. No. 1989-
789, ~~ 1, 2, 4-24-89; Ord. No. 1989-818, ~ 1,
2-12-90; Ord. No. 1990-827, ~ 1,4-9-90; Ord. No.
1990-844, ~ 2, 10-8-90; Ord. No. 1996-1015, ~ 1,
2-12-96; Ord. No. 1996-1044, ~~ 1, 2, 9-9-96; Ord.
No. 1996-1045, ~ 2,11-18-96; Ord. No. 1996-1048,
~ 12, 10-14-96; Ord. No. 1996-1056, ~ 1, 11-25-96;
Ord. No_ 1996-1057, ~ 1,11-25-96; Ord. No. 1997-
1094, ~ 2, 9-8-97; Ord. No. 1997-1095, ~ 2, 9-8-97)
Supp, No, 20
Sec. 26-31. Off-street parking requirements.
(A) Scope: In all zoning districts, off-street
parking facilities for the parking or storage of
self-propelled motor vehicles and/or licensed trail-
ers for the use of occupants, employees and pa-
trons of the building, structures or premises here-
after erected, altered, used or extended after the
effective date of this Ordinance shall be provided
and maintained as herein prescribed, unless other-
wise specifically provided.
The intent of this section is that the provisions
hereof shall apply only to new development, ma-
jor change of uses (e.g., single-family to office;
office to restaurant) or substantial extension or
expansion of uses or structures for which a build-
ing permit or site use approval is required, estab-
lished subsequent to the adoption of this provi-
sion, unless otherwise specifically provided. If an
increase of less than twenty-five (25) percent in
parking area is needed as a result of a change of
use or substantial extension or expansion of uses
or structures, the new parking area shall be
required to meet only the following design stan-
dards as enumerated under paragraph (C) of this
section; (1) Surfacing; (7) Sight Distance Triangle
Requirements; (9) Usable Parking Spaces; (13)
Marking of Spaces; (14) Truck-Tractor/Semi-
trailer Parking; (18) Small Car Parking; (19)
Parking Space and Aisle Dimensions; and (21)
Use and Maintenance of Parking Areas.
If an increase of twenty-five (25) percent to fifty
(50) percent in parking area is needed as a result
of a change of use or substantial extension or
expansion of uses or structures, the new parking
area added shall meet all design standards as
required by paragraph (C) of this section. If an
increase of more than fifty (50) percent in parking
area is needed as a result of change of use or
substantial extension or expansion of uses or
structures, all parking areas shall come into con-
formance with the design standards as reqnired
by paragraph (C) of this section.
(B) General Provisions:
(1) Additions. Nothing in this section shall
prevent extension of, or addition to, a
building, structure or use into an existing
parking area provided the same amount
1791
~ 26-31
Supp. No, 20
WHEAT RIDGE CITY CODE
of parking spaces taken by the extension
or addition is provided by an enlargement
of the existing parking area, or if addi-
tional parking is found elsewhere in ac-
cordance with these regulations herein,
and provided the total
[The next page is 17951
1792
.
.
.
.
.
ZONING AND DEVELOP:M.ENT
~ 26-31
e number of spaces required for all uses on
the lot are met.
(2) Planned development (PRD, peD, Indus-
trial). In planned developments, except for
unified shopping centers over one hundred
thousand (100,000) square feet of floor area
as provided for in subsection (B)(3) below,
parking shall be considered with regard to
those limitations for the various use re-
quirements. The total requirements for off.
street parking facilities shall be the sum of
the requirements for the various uses com-
puted separately. Where it is desired to
share the parking spaces between two (2) or
more uses, the use of such parking spaces
shall be predicated upon the proven fact
that the uses will not require said parking
space at simultaneous times. Only where it
can be shown that the uses have mutually
exclusive operating hours shall shared
parking arrangements be approved.
(3) Mixed occupancy and collective parking. In
. the case of mixed uses on a single parcel or
within a single building, or of collective
parking for several buildings or uses on two
(2) or more parcels, except for shopping cen-
ters over one hundred thousand (100,000)
square feet, the total requirements for off-
street parking facilities shall be the sum of
the requirements for each of the various
uses computed separately. Off-street
parking facilities for one (1) use shall not
be construed as providing required parking
for any other use except as provided for
under planned developments. Unified shop-
ping centers with over one hundred thou-
sand (100,000) square feet of total combined
floor area, which-may be either in a single
structure or several structures within a
single unified development, and which may
include various kinds of uses, shall be re-
quired to provide a minimum parking ratio
of four (4) spaces per one thousand (1,000)
square feet of total combined gross leasable
floor area.
(4) Location:
(a) Off-street parking facilities for any use
. shall be provided and located on the
Supp. No.5
1795
same lot as the use or uses they are
intended to serve except as provided
for herein.
(b) If sufficient parking spaces cannot be
accommodated on the lot for any use,
off-lot parking may be used provided
said parking area is within three hun-
dred (300) feet of the nearest point on
the structure or use for which the
parking is intended to serve and the
off-lot parking is properly zoned.
In situations where off-lot parking is
required and the off-lot site is owned
by others, a written agreement between
the city, the owner who shall provide
the additional parking, and the owner
of the property seeking the parking
shall be entered into. Said agreement
shall be recorded as a deed restriction
and shall specify the number and loca-
tion of the parking spaces. Said agree-
ment may be terminated only if ade-
quate on-site or off-site parking space
is provided through other means as ap-
proved by the zoning administrator.
Said agreement shall be recorded with
the Jefferson County Clerk and Record-
er's Office and shall be enforced until
the three (3) parties sign a release.
(5) Parking of truck-tractors and semitra(lers:
(a) It shall be unlawful for any person to
park or store, or allow the parking or
storing of, truck-tractors or semitrailers
upon any property located and situ-
ated within the City of Wheat Ridge,
or upon any dedicated public street or
road, or private street or road, or public
right-of.way or easement or park within
the City of Wheat Ridge except as here-
inafter specified.
(b) Notwithstanding the foregoing provi-
sions, the 'following exceptions apply to
the provisions of this subsection (B)(5):
1. Any truck-tractor or semitrailer in
immediate and active use, or in the
process of actively being loaded or
unloaded.
~ 26-31
WHEAT RIDGE CITY CODE
2. Any truck-tractor or semitractor
parked in or upon property on
which a special use permit is
granted authorizing the parking of
commercial truck-tractors and/or
semitrailers pursuant to sections
26-22(E)(7) and 26-23(E)(2), or aiiy
major vehicle parked at the truck-
stop located at the northeast corner
of West 44th Avenue and 1-70 east-
bound on-ramp.
3. Any truck-tractors and/or semi-
tractor trailers authorized pur-
suant to section 26-18(C)(10).
4. Any truck-tractor and/or semi-
trailer parked or stored upon prop-
erty wherein the use or storage of
said vehicle is related to the trans-
portation needs of the business con-
ducted on said property.
5. No provisions of this subsection
(B)(5) shall apply upon state high-
ways within this municipality.
(c) Enforcement. Notwithstanding any
other provision of this Code of Laws of
the City of Wheat Ridge, any truck-
tractor or semitrailer, as defined
herein, which is parked or stored in vi-
olation of the provisions of subsections
(B)(5) and (0)(14) shall be subject to
being towed and stored, at the owner's
sole expense, by a towing contractor se-
lected by the chief of police of the city.
The towing of illegally parked vehicles
is necessary to ensure traffic and pe-
destrian safety by removing the view
impediment created by said illegally
parked vehicles and to protect the aes-
thetic integrity of the various zoned dis-
tricts and neighborhoods within the
city. In addition to the right to tow said
illegally parked truck-tractors and/or
semitrailers, authority is granted to im-
pose administrative charges upon the
owner or operator of said illegally
parked vehicle, or the owner of prop-
erty allowing or permitting such illegal
parking, subject to the following re-
quirements:
1. To defray the cost of enforcement
of their provision, a charge of fIfty
Supp. No. 5
dollars ($50.00) shall be imposed
for the first offense, one hundred
dollars ($100.00) for the second of-
fense, two hundred dollars
($200.00) for the third offense, and
three hundred dollars ($300.00) for
the fourth or subsequent offenses.
2. Any person subjected to said ad.
ministrative charges who objects
thereto shall be entitled to either:
a. Have the right to request a
hearing before the chief of po-
lice, which hearing shall be
held no less than seventy-two
(72) hours after the making of
said request; or
b. Have a summons and com-
plaint issued to him directing
his appearance in the Wheat
Ridge Municipal Court. If
found guilty in the Wheat
Ridge Municipal Court of vio-
lating the provisions of subsec-
tions (B)(5) or (C)(14), or if a
guilty plea is entered thereto,
the court shall impose fines as
specified in subsection
(B)(5)(c)(1) hereof.
No vehicle shall be released
from storage after towing un-
less and until all towing and
storage charges have been
paid, and all administrative
charges specified in this sec.
tion have been paid, or evi.
dence is presented from the
chief of police or the munic-
ipal court that the rights
granted under subsection
(B)(5)(c)(2) hereof have been in-
voked. In the event any towing
is found to be improper, all
costs for towing and storage
shall be reimbursed by the city
to the owner.
(6) Residential parking restrictions:
(a) In residential zone districts, the
parking of trucks, vans, buses or li.
e
e
.
1796
ZONING AND DEVELOPMENT
~ 26.31
e
censed trailers which are used for com-
mercial purposes, whether the commer-
cial enterprise is conducted from the
home or conducted elsewhere, is pro--
hibited except as follows. An occupant
of a dwelling may park, or allow the
parking of, no more than one (1) truck
or van which is used for commercial
purposes upon the premises or within
street frontage where allowed; pro-
vided, however, that such vehicle does
not exceed a one-ton chassis. Parking
of trailers which are used for commer-
cial purposes is prohibited.
(b) In residential zone districts, motorized
and nonmotorized camping vehicles (ex-
cept campers mounted upon pickup
trucks), trailer-mounted boats, and
other towed vehicles such as, but not
limited to, utility trailers shall not be
parked within public street rights-
of-way for a period longer than
seventy-two (72) hours; however, [they]
may be parked or stored upon property
owned by the vehicle owner, provided
such vehicles are parked six (6) feet or
more inside the front property line.
Such vehicles will be similarly per-
mitted upon residential rental proper-
ties where the owner of the vehicle re-
sides upon the premises, and in the case
of multifamily residential properties,
where such vehicle or vehicles do not
displace parking spaces required to
meet the minimum vehicular parking
standard for the property as set forth
herein for multifamily residential land
uses. Where it is difficnlt to determine
the public right-of-way boundary due
to lack of curb, gutter and/or sidewalk,
or survey markers, such boundaries
shall be presumed to be ten (10) feet
from the edge of pavement or back of
curb. Where a sidewalk exists, ~uch
boundaries shall be presumed to be two
(2) feet from the outside edge of side-
walk. In cases where it is desired to
maintain such a restricted vehicle ei-
ther within six (6) feet of a public street
.
.
Supp. No, 14
on private property or within a lawful
parking area on a public street abut-
ting the front of the property in excess
of seventy-two (72) hours, the property
owner may obtain a temporary parking
permit from the planning and develop-
ment department. Such temporary
parking permit shall be for a time pe-
riod not to exceed fourteen (14) days
and no more than one (1) such permit
shall be issued each six (6) months for
the same vehicle. The permit must be
placed upon the inside windshield or
side-window on the driver's side so as
to be visible for inspection. Pickup
truck-mounted campers, when mounted
upon pickup trucks, are not subject to
these subpart (b) parking restrictions.
Nothing in this ordinance [Ordinance
No. 1993-924] will be construed to re-
strict or limit parking of any vehicle so
described within this ordinance upon
private property so long as said vehicle
is parked in accordance with the limi-
tations ofthis subpart (b) and provided
that sight distance triangle require-
ments of section 26-30(D(2) are met.
(C) Design Standards:
(1) Surfacing. Parking and driveway areas for
all uses other than one family residences in
. Agricultural zone districts shall be surfaced
with bituminous concrete, portland cement
concrete, or similar materials.
,
(2) Islands. All parking areas in excess of fifty
(50) spaces shall have at least one (1) inte-
rior landscaped island per fifty (50) spaces.
Each such landscaped island shall occupy
the equivalent of one (1) parking space (min-
imum) and each such required island shall
be landscaped with a minimum of one (1)
two-inch caliper tree or larger and four (4)
shrubs or accepted ground cover.
At the discretion of the owner, and with
approval of the zoning administrator, based
upon the,intent and purpose of this section,
an acceptable alternative to individual is-
lands would be the equivalent aggregate
landscaped area developed in larger islands
or as interior divider strips.
1797
~ 26-31
WHEAT RIDGE CODE
(3) Acceleration/deceleration lanes. In all dis-
tricts, any use providing access to an ex-
pressway, arterial street, collector street or
1-70 frontage road may be required to con-
struct and dedicate acceleration and/or de-
celeration lanes along those streets upon
which access is obtained. In addition, "accel/
decel" lanes may be required for any street
within an area which is covered by an
adopted master plan in the Comprehensive
Plan. This requirement shall be determined
at the time of subdivision site plan approval
(for planned developments), rezoning or
building permit review. If existing right-
of-way is inadequate to accommodate an ac-
celldecellane, the city shall have the right
to require a dedication therefor.
The basis for requiring acceleration and de-
celeration lanes shall be as follows:
(a) Access to a site is obtained from the
particular street which is being evalu-
ated for an accelldecellane.
(b) For Colorado State Highways and state-
regulated interstate frontage roads, the
Colorado Division of Highways Access
Code shall apply except where City of
Wheat Ridge requirements are more re-
strictive, in which case, Wheat Ridge
regulations shall apply.
(c) For all other applicable streets, accel!
decel lane_s may be required upon a
finding that:
1. There is an increase in vehicular
trips to and from a particular site
in excess of either twenty (20) per-
cent or one hundred (100) trips per
day, whichever is higher; or
2. There is an increase in vehicular
traffic to and from a particular site
in excess of fifteen (15) trips in any
one (1) hour; unless a traffic im-
pact study indicates that the level
of service is at or above level of
service "B" on the fronting street,
as defmed in the Institute of Traffic
Engineers' defmition of "level of
services"; or .
3. An accel!decellane is'in existence'
(or is reserved) upon adjacent prop-
"
Supp, No. 14
e
erty and pedestrian or vehicular
traffic would be imperiled, or min-
imum recognized engineering de-
sign-and!<>rsafety standards would
not be met, if the accel!decellane
was not extended.
(4) Lighting. Any lighting used to illuininate
any off-street parking area 'shall be sq ar-
ranged as to reflect the direct light glare
away from any ailjoiningresidences and ad-
jacent streets.
(5) Landscaped buffer:
(a) Whenever a parking lot boundary ad-
joins property zoned for low- or medium-
density residential use, or if zoned Ag-
ricultural but developed as residential,
a landscape buffer of six (6) feet from
said lot boundary shall be required.
Within the six-foot landscape buffer, a
six-foot-high nview-obscuring fence or
decorative wall shall be constructed. In
addition, grass or. other. .acceptable .
ground cover or trees and/or shrubs
shall be planted within the landscape
buffer areas as approved by the zoning
administrator through' a landscape
plan.
(b) When a parking lot is placed between
the public right-of-way and the struc-
ture(s), a screening of the parking area
shall be established between the right-
of-way and the parking area. This view-
obscuring screen shall be at least
thirty-six (36) inches but not to exceed
forty-two (42) inches high and may be
composed of live plantings, berms,
fences or walls, or a combination
thereof.
(6) Vehicular access_ Vehicular access to any
property shall be controlled in such a
manner as to protect the traffic-carrying ca-
pacity of the street upon which the prop-
erty abuts, as well as to protect the value of
the adjacent property.
(a) For all uses other than one- and two-
family dwellings, no vehicle entrances .
or exits may be closer than t';'enty-five
1798
tt
.
e
ZONING AND DEVELOPMENT
~ 26-31
(25) feet to any property line except
when used for joint access for two (2) or
more lots.
(b) For all uses other than one- and two'
family dwellings, vehicle entrances or
exits on the same lot shall be spaced at
not less than 100-foot intervals. The
100-foot spacing shall be measured
from the interior edge of both access
points.
(c) For all uses, COrner lots shall have no
vehicular entrances or exits located
closer than twenty-five (25) feet from
. any two (2) intersecting street rights-
of-way, except on arterial or major col-
~
Supp. No. 14
1798_1
.
.
.
.
.
ZONING AND DEVELOPMENT
~ 26-31
(d)
lector streets such. distance shall be
fifty (50) feet.
IIi all residential districts, curb cuts
for property access shall be not less
than twelve (12) feet and not more
than twenty-four (24) feet in width.
Curb cuts in commercial and indus-
trial districts shall not be more than
thirty-five (35) feet in width when
serving an individual property and
shall not in any instance be less than
twelve (12) feet. Ajoint curb cut, one
which serves more than one (1) prop-
erty, may not exceed forty-five (45)
feet in width.
In cases where it is possible to pro-
vide one (1) access point which will
serve adjacent properties or where
adherence to these requirements
would leave a parcel of property with-
out vehicular access, curb cut set-
back or spacing requirements may
be reduced or enlarged so as to per-
mit a single vehicular access point if
approved by the public works direc-
tor.
The public works director may ap-
prove a modification to or waiver to
the vehicle access standards and re-
quirements stated in this subsection
(6), based up<ln consideration oftraf-
fic characteristics, both on and off of
the site, with the primary purpose of
preserving public safety.
Sight distance triangle requirements. EOl:__....
all uses other than one- and two-family
dwellings, no obstructions to view be-
tween forty-two (42) inches and eighty-
four (84) inches in vertical height, includ-
ing, but not limited to, fences and walls,
hedges or other landscaping, berms, signs
or other structures, or parked vehicles,
shall be permitted within triangular ar-
eas measured fifteen (15) feet into the
property from the right-of-way line and
fifteen (15) feet either side of the curb cut
or driveway. For all uses, on comer lots,
no obstruction to view between thirty-six
(36) inches and eighty-four (84) inches as
described above shall be permitted within
the triangle measured from the point of
intersection of the lot lines abutting the
streets a distance of twenty-five (25) feet
on local streets and fifty-five (55) on col-
lector and arterial streets. The forty-two-
inch to eighty-four-inch vertical distance
for driveways shall be measured from the
center of the driveway or curb cut at the
right-of-way line, and for street comers
from top of curb, or if no curb exists, from
edge of pavement. The following drawing
illustrates the minimum unobstructed sight
triangles. t;
'" OJ
0'"
i-
",<II
o -'
f:j <
OJ ...
-' '"
.... t.1
o i-
t.> '"
<
(7)
(e)
(t)
15 ft. Sight
(TriangleS)
~' :'.
,':' \ .....
...... . ':':':'.
d:':':' 15 .....,',..
..::;:::@?-::'J: ~ ~::.:::::tt..
,':';':'::.::::::::: r t:~.~,':,
","--points
l/'l
l/'l
Property I R.O.W. Line
LOC....L STREET
of Vertical Measurement
Figure 26-31.1. Sight Distance Triangles
Supp. No. 19
1799
~ 26-31
WHEAT RIDGE CITY CODE
Off-street loading. Loading space shall be
provided at a rate deemed necessary by
the owner and shall not be construed as
supplying off-street parking space. Load-
ing space shall not occupy or intrude into
any fire lane or required parking space.
Usable parking spaces. Any parking stall
which is unusable due to maneuverability
difficulties or does not have clear access
into and out of its parking space shall not
be considered in the count of the total
number of available parking spaces on
the property. Double-loaded spaces, that
is, parking where one (1) vehicle blocks
another, are considered unusable.
Back-out parking. Except for one- and
two- family dwellings, all parking areas
shall be designed so that vehicles exiting
from the parking area will not be required
to back out across any sidewalk or public
right-of-way.
One-wiiY traffic flow. Parking which is
designed for one-way traffic shall be clearly
indicated as such by the use of a sign or
arrow designating the direction of traffic
flow and by the words "one-way."
(12) Handicap parking. For all uses other than
one- and two-family dwellings, parking
shall be provided for the handicapped at
the minimum rate of one (1) space per use
or two (2) percent of the total parking
spaces required, whichever is greater. Said
space(s) shall have a minimum width of
sixteen (16) feet and a minimum length of
eighteen (18) feet. Each handicap space
shall be marked with a freestanding sign
using the standard uniform words and/or
symbols that signify the space as parking
for the handicapped only. In addition, the
handicapped symbol shall be painted on
the pavement. Said parking space shall
be located as near to the entrance of ,the
use as practically possible and shall be so
designed (unless it is impossible to do so)
that circulation between the vehicle and
the building entrance shall not involve
crossing any area used for vehicular cir-
culation. The total number of spaces pro-
(8)
(9)
(10)
(11)
Supp, No. 19
vided for the handicapped shall not be
included in the total number of parking
spaces otherwise required by this section.
(13) Marking of parking spaces. Parking spaces
shall be marked and maintained on the
pavement and any other directional mark-
ings/signs shall be installed and main-
tained as required by the approved park-
ing plan.
(14) Parking lot design standards for truck-
tractors and / or semitrailers. Where it is
desired to park truck-tractors and/or semi-
trailers as regnlated by subsection (BX5)
of this section, a parking plan shall be
submitted which shows the location, ex-
tent and size of the proposed truck-tractor
and semitrailer parking, and which indi-
cates proposed screening, lighting, land-
scaping, circulation, type of paving, and
any other feature which will help the
planning commission, city council and staff
to evaluate the proposal and potential
impacts. The following minimum stan-
dards shall be used in designing such
parking lots:
(a) Dimensions:
Feet
1. Tractor only:
Length
Width
Aisle width
2. Trailer only:
Length
Width
Aisle width
3. Combo tractor
and trailer.
Length
Width
Aisle Width
25
12
28
40
12
40
70
12
40
(b) All parking and circulation areas
shall be paved to acceptable engineer-
ing standards with bituminous con-
crete or portland concrete.
(c) Each parking stall shall be supplied
with an electrical outlet to permit
vehicles to be connected to electricity
while parked.
(d) Unattended truck-tractors shall not
be allowed to idle.
1800
.
.
.
.
.
ZONING AND DEVELOPMENT
~ 26-31
.
(e) The use of standard automobile park-
ing spaces and/or circulation aisles
for truck-tractor and/or semitrailer
parking or circulation is prohibited.
Parking plan required. All plans for the
construction of any parking facility must
be approved by the zoning administrator
and a miscellaneous permit issued before
construction is started. No such land shall
be used for parking until approved by the
zoning administrator. Said plan must con-
tain the following minimum information:
(a) Number, location and size of parking
stalls.
(b) Widths of aisles and islands.
(c) Location of landscaping areas and
type oflandscaping, including size.
Type of surfacing.
Scale and north arrow.
Location of streets, curb cuts and
property boundaries.
Traffic directional arrows, signage
and markings.
Loading areas.
Drainage provisions.
Location and direction of proposed
lighting.
Location, height, and type of walls or
fences to be constructed.
Uses not specified. In the case of a use not
specifically mentioned, the requirements
for off-street parking facilities for a simi-
lar use shall be determined by the zoning
administrator based upon comparison to
similar uses. His decision may be ap-
pealed to the board of adjustment.
Fractions. When units of measurements
determining number of required parking
spaces result in the requirement of a
fractional space, any fraction shall re-
quire one (1) parking space.
Small car parking. In parking lots with
twenty-one (21) spaces or more, thirty
(30) percent of the required parking spaces
may be designated for small or compact
.
(15)
(d)
(e)
(f)
. (g)
(h)
(i)
(j)
(k)
(16)
(17)
.
(18)
.
Supp. No. 19
cars; provided, that small car parking
area or spaces shall be clearly labeled or
otherwise distinguished from full-sized
parking areas or spaces.
(19) Parking space and aisle dimension. The
following table establishes the minimum
parking lot space and aisle dimensions for
full-size and compact automobiles.
MINIMUM PARKING STANDARDS
Full-Sized Cars
Angle O' 30' 45' 60' 90'
(Par-
allel)
Width 8' 8'6" 8'6.... 8'6" 8'6"
Length 22' 18' 18' 18' 18'
Aisle Width 12' 12' 13' 17'6" 22'
Compact Cars
Angle O' 30' 45' 60' 90'
(Par-
allel)
Width 7' 7'6" 7'6" 7'6" 7'6"
~h 19' 15' 15' 15' 15'
Aisle Width 11' 11' 12' 16' 19'
The following diagram illustrates typical
parking stall layout for full-sized and com-
pact cars in accordance with the above
standards:
1801
~ 26.31
WHEAT RIDGE CITY CODE
17'6-
.
e
60.
f--zz, -1
-16'-1
I
u:
'"
I
90. t
.
Figure 26-31.2_
Supp. No. 19
Sample Parking Lot Configuration for Combination Full-Size and Compact Cars
CCfIl\,.ctC&I"'S
r ,
.
~
0:
f-'6'
Full Sill!. CUS
1-'9'
1
'"
0:
t
f-16'-
Figure 26-31.3.
.
1802
.
.
.
.
.
ZONING AND DEVELOPMENT
~ 26-31
(20) Multifamily parking lots. Parking for mul-
tifamily development shall not be placed
within the minimum front yard setback.
Where parking is to be placed within a
side or rear yard which is adjacent to a
public street, a landscape buffer of at
least ten (10) feet is required.
(21) Use and maintenance of parking area. For
all uses, including one- and two-family
dwelling uses, parking of vehicles shall be
limited to those areas specifically devel-
oped for parking and shall not be permit-
ted within landscaped areas, designated
fire lanes, loading zones, or other areas
not designed and developed for parking.
All parking and drive areas shall be main-
tained so as to prevent unsafe, muddy,
dusty, weedy, or unsightly or blighting
conditions. The provisions of this subsec-
tion (21) shall apply to both existing and
future conditions.
(D) Definitions:
(1) Floor area. Floor area shall mean the
gross interior floor area of the entire build-
ing or portion of building devoted to a
specific use or uses, less the following
areas:
(a) Mechanical/utility room.
(b) Restrooms.
(c) Elevators, stairwells.
(d) Show windows.
For the purpose of estimating parking
requirements where detailed calculations
for the above-stated exceptions are lack-
ing, it will be assumed that such excepted
space covers no more than ten (10) per-
cent of gross floor area.
(2) Gross leasable area. The total interior
floor area designed for tenant occupancy
and exclusive use and includes both owned
and leased area, but excludes common
mall area not designed for specific use
such as pedestrian circulation, common
physical plant and maintenance areas.
(3) Hospital bassinets. In hospitals, bassinets
shall not be counted as beds.
Supp. No. 19
(4) Seat. In places of public or private assem-
bly in which patrons or spectators occupy
benches, pews or other seating facilities,
each twenty (20) inches of seating facility
shall be counted as one (1) seat for the'.
purpose of determining requirements for
off-street parking facilities under this Or-
dinance.
(5) Street parking. Street parking shall mean
parking spaces which are available within
the public streets immediately adj acent to
a one- or two-family residential lot or
development, excluding areas designated
as no parking zones. For each one- or
two-family dwelling, two (2) street park-
ing spaces shall be provided. In cases
where street parking does not add up to
two (2) parking spaces per dwelling unit,
the difference shall be made up on the lot
or development.
(6) Unified shopping center. A principally re-
tailed facility which may also include ser-
vice and office-type uses in a single main
structure, and ownership or common con-
trol elements exist so that the entire de-
velopment functions as a unit.
(E) Appeal/Variances and Waivers to Stan-
dards: Variances and waivers to parking require-
ments, shall be processed as a variance pursuant
to section 26-6(D).
1803
* 26-31
WHEAT RIDGE CITY CODE
(F) Schedule of Required Off-Street Parking:
Use
New single- and two-family residential:
-with street parking
-without street parking
Multifamily residential
Multifamily elderly housing, exclusively devoted
for persons 60 years or older
Elderly group home
Congregate care center
Boarding and roominghouse
Hospitals, nursing homes or other similar uses
Residential group homes for youths 18 years and
younger
Churches
Preschool, daycare, nursery
Educational institutions (public or private):
-Elementary schools
-Junior high schools
-Senior high school
Supp, No, 19
Standard Requirement
2 spaces per dwelling unit
4 spaces per dwelling unit
1.5 spaces per 1 bedroom unit
2.0 spaces per 2 or 3 bedroom unit
2.5 spaces per 4 or more bedroom unit
Plus 1 additional space for each 10 spaces shall be
required as designated visitor parking. Such visi-
tor parking shall not be used by residents for
personal parking nor for storage of utility or recre-
ation vehicles.
1.25 space for each 1 bedroom unit
1.5 space per 2 bedroom unit if parcel is 1 acre or
larger, or 1. 75 spaces per 2 bedroom unit ifparcel is
less than 1 acre;
2.0 space per 3 bedroom unit;
2.5 space per 4 or more bedroom unit
0.5 space for each elderly occupant, plus the stan-
dard residential dwelling requirement
0.75 space per each bedroom plus 1 space for each
employee on maximum shift
1 per guest room
1 per each 5 beds pI us 1 for each employee on
maximum shift
2 per home with street parking or 4 per home
without street parking plus 1 per each eight beds
1 per each 4 seats in main assembly area
1 space per each faculty or staff member plus 1
off-street loading/unloading per each 8 students or
children plus 1 parking space for each bus or van
operated by the child care facility.
1 space per each classroom or each 20 students,
whichever is greater, plus 1 space for each teacher
and administrative staff.
1 space per each 10 students or 1 space per each 5
seats in auditorium or main assembly area, which-
ever is greater.
1 space per each faculty or staff plus 1 space per
each 5 students or 1 space per each 5 seats in an
auditorium or assembly area, whichever is greater
1804
.
.
.
e
.
r.
.
.
.
.
ZONING AND DEVELOPMENT
~ 26-31
Use
-College, university, vocational, trade or com-
mercial school
Places of public or private assembly, such as com-
munity buildings, clubs, lodges, auditoriums,
stadiums, gynmasiums:
(a) For assembly rooms over 500 sq. ft. audito-
riums and stadiums:
-with fixed seats
-without fixed seats
(b) For offices, activity rooms or meeting rooms
Libraries, museums, gallery
Amusementfrecreational enterprises such as swim-
ming pools, skating ririks, health clubs, spas,
etc.
Golf course (9 or 18 hole and 3 par)
Miniature golf, driving range, skeet or archery
range
Tennis and racquetball courts or other court games
Bowling alley
Funeral home or mortuary
Post office and public buildings or uses, if not
otherwise listed
Medical and dental offices and clinics
Veterinary offices and clinics; and radio and TV
studio; and financial institutions
Hotels and Motels
Standard Requirement
1 per each faculty or staff plus 1 per each 100 sq. ft.
of class room area
1 per each 4 seats
1 per 100 square feet of floor area or ground area
used for seating
1 per 300 sq. ft. of floor area
1 per 300 sq. ft. of floor area
1 per each 2 persons based on designed use or
occupant capacity
2 per hole plus 1 per employee on maximum shift
1 per hole or platform plus 1 per employee on
maximum shift
2 per court plus 1 per employee on maximum shift
4 per lane plus 1 per each employee
1 space per 100 square feet of floor area open for
public use
1 space per 300 square feet of floor area plus 1
space for each agency owned vehicle
1 space per 150 square feet offloor area where 50%
or more of a building is to be used for medical or
dental offices or clinics; when less than 50% of a
building is used for medical/dental offices or clin-
ics, the same standard as for retail, office and
service establishments apply
1 per 200 sq. ft. of floor area
1 per guest room pI us parking for associated uses
such as restaurant or lounge, based on their re-
quirements, plus 1 per employee on maximum shift
1 per each 3 seats plus 1 per employee on maxi-
mum shift
Unified shopping centers oflOO,OOO sq. ft. or larger 1 per each 250 square feet gross leasable area
Theaters
Supp. No. 22
1805
~ 26-31
WHEAT RIDGE CODE
Use
Retail, office and service establishments
Retail or wholesale principally oflarge items such
as furniture, large appliances, floor covering,
etc.
Eating and drinking establishments or similar
places of assembly
Drive-in restaurant (excluding drive-up windows)
Drive-up windows (food, liquor, bank, etc.)
Motor fueling stations, repair garages, tire stores,
carwash, etc.
Sale or rental of new and used cars, mobile homes,
portable buildings, recreational vehicles, camp-
ers and boats
Lumber yards
Office/warehouse
Manufacturing, processing, assembly or similar
industrial uses
Laboratory
Fleet or business-related parking
Standard Requirement
1 space per 200 square feet of first floor area plus
space per 300 square feet for all floors other than
first floor
1 per 300 sq. ft. of floor area
1 per 75 square feet of gross leasable area
1 per 100 sq. ft. of floor area
6 stacking spaces per window, plus standard park-
ing as required for inside uses
~ per employee on maximum shift plus 2 per bay or
stall
1 per 1,000 square feet of lot area plus 1 per
employee on maximum shift
1 per 200 square feet of floor area in main sales
building
1 space per 600 square feet of area devoted to
warehouse or work area (maximum of 75% of total
area) plus 1 per 300 square feet of retail, wholesale
or office area (minimum of 25% of total area).
1 space per 500 square feet of floor area
1 space per 300 square feet of floor area
1 space for each company related vehicle in addi-
tion to employee and customer parking
NOTES:
(1) Wherever the word "person" or "student" is used as a unit of measure, the requirement shall be
based upon the maximum designed use or occupant capacity.
(2) For operations which contain more than one (1) use category (e.g. motel/restaurant), the zoning
administrator shall require parking computed by using the "mixed occupancy" provisions as per
subsection (B)(3); however, he may allow for up to fifty (50) percent reductions in parking for
secondary uses where it is clearly shown that maximum parking demand peaks will not coincide.
(G) Parking for the Principal Purpose of Sale
Prohibited:
(1) For purposes of this section, "vehicle" shall
include motor vehicles, motor homes, travel
trailers and mobile homes,
Supp, No, 22
(2) No person shall park any vehicle for the
principal purpose of selling such vehicle
on a public roadway, on public property or
any other property not zoned residential.
1806
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.
ZONING AND DEVELOPMENT
~ 26-32
(3) Vehicles considered to be parked for the
principal purpose of sale on any private
driveway or private property may be re-
ported by the owner or manager of such
property to the planning and develop-
ment department for issuance of an ap-
. propriate citation.
(4) Any police officer or any employee of the
city designated to give notices of viola-
tions of this section as part of their official
duties are hereby empowered to issue an
appropriate citation or summons and com-
plaint under this Code. Such persons shall
be empowered with a right of reasonable
access to and entry upon property within
the city for the purposes of monitoring
compliance with this section and for the
purposes of issuing citations or otherwise
enforcing this section.
(5) The municipal court shall have the juris-
diction to hear and decide all such com-
plaints filed under this section, and, upon
conviction, may impose punishment as
provided at sections 1-5 and 1-6 of this
Code. In any prosecution under this sec-
tion, proof that the vehicle described in
the complaint was parked with a "for
sale" sign in a conspicuous place on or in
the vehicle shall constitute prima facie
evidence that the owner of the vehicle was
the person who parked or knowingly per-
mitted to be parked such vehicle for the
principal purpose of selling such vehicle,
and that such person parked or know-
ingly permitted the vehicle to be parked
at such place and for the time in which
such violation occurred.
(6) The provisions of this section shall not
apply to those persons who have been
licensed by the City of Wheat Ridge to sell
vehicles. This section shall apply as pro-
vided in subsection (A) above and to all
existing property within city limits.
Supp. No. 22
(7) Vehicles may be parked on property zoned
residential for the principal purpose of
sale only in compliance with all of the
following conditions:
a. The vehicle must be parked upon the
driveway or upon the street immedf:-
ately adjacent to the residential prop-
erty relied upon;
b. Only one (1) vehicle at anyone time
may be parked for the principal pur-
pose of sale, provided that in the
event of death in the family, divorce,
terminal illness or confinement in a
correctional, mental or nursing facil-
ity the planning director may give
written authorization that up to three
(3) vehicles may be sold at one time;
and
c. In the event the owner of the vehicle
is not the owner of the residential
zoned property relied upon for com-
pliance with this section such vehi-
cle owner must obtain the permis-
sion of such property owner in writing.
(Ord. No. 1988-748, ~ 1, 2-22-88; Or-d. No. 1990-
827, ~ 1,4-9-90; Ord. No. 1993-924, ~ 1,4-26-93;
Ord. No. 1994-974;~ 1, 8-8-94; Ord. No. 1997-
1076, ~~ 1-4, 6-9-97; Ord. No. 1998-1151, ~ 1,
1-11-99)
Sec. 26-32. Landscaping requirements.
(A) Landscaping Defined:A combination ofliv-
ing plants, such as trees, shrubs, vines, ground
cover, flowers, sod or grass; and may include
natural features, such as rock, stone and bark;
and structural features, including, but not limited
to, fountains, reflecting pools, art work, screen
walls, fences and benches. Uncontrolled weeds
shall not be considered as landscaping; however,
maintained natural grasses and natural flowers
may be considered as landscaping.
Sidewalks, whether paved or gravel, which
serve as functional links between parking areas
and main structures, or which serve as general
public assess routes around a main structure, or
between a main structure and a public street or
alley, shall not be counted as landscaping. Other
1806.1
~ 26-32
WHEAT RIDGE CODE
.
sidewalks or paths which serve as casual acc~ss to
or through landscape areas may be counted a
nonliving landscape features.
(B) Landscape Plan:A landscape plan is re-
quir~d to be submitted with the required building
permit or development plan for all institutional,
multi-family, commercial and industrial develop-
ment, redevelopment, addition or change in use.
Said plan shall be approved by the director of
planning and development in conjunction with
the city arborist. The following information shall
be included in the plan:
(1) North point and scale (scale not toe:xceed
1" = 40' with 1" = 20' desirable);
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.
Supp, No, 22
. 1806.2
,
ZONING AND DEVELOPMENT
~ 26-32
.
(2) Topographic contours and spot elevations
on fmal grading plan adequate to identify
and properly specify landscaping for area
needing slope protection;,
(3) The location, size, surface materials and
color of all structure(s), parking areas, storm
detention areas and other man-made ele-
ments;
(4) The location, type and size of major ex-
isting plant materials;
(5) The locations, types, sizes and quantities of
proposed plant and other materials.
Common and botanical names shall be iden-
tified adjacent to all plant material or by
use of a key and legend;
(6) Location and type of the irrigation system
provided.
.
(C) Landscape Area Requirements:
(1) Any combination of two (2) or more of the
following: grass, flowers, shrubbery, decid-
uous and coniferous trees, which shall be
maintained in an orderly manner, and, in
addition, any combination of bark, rock or
ornamental object not exceeding twenty (20)
percent of the landscaping area may be
used. In no event shall variances be ap-
proved which reduce living materials to less
than fifty (50) percent of the total land-
scaped area. The intent of permitting vari-
ances is to allow for well-designed xeriscape
(low water use) planting design. Coverage
shall be determined for the projected growth
after two (2) full growing seasons.
(2) If the lot area used for parking is placed
between the public right-of-way and the
structure(s), a screening of the parking area
shall be established between the right-
of-way and the parking area. This view.
obscuring screen shall be at least thirty-six
(36) inches but not ,to exceed forty-two (42)
inches high and may be composed of live
plantings, berms or artificial structures as
approved by the planning division.
(3) On corner lots, within the regulated sight
distance triangle, the growth of any plant-
ings or the erection of any landscape struc-
.
Supp. No.5
1807
ture or berm over forty-two (42) inches above
the level of the roadway or street is regu-
lated by section 26-30(1) of this Zoning Or-
, dinance.
(4) Except for approved street trees, the land-
scaping required on the right-of-way be-
tween the property line and the curbline
shall not be permitted to obtain a height
greater than forty-two (42) inches above the
level of the roadway.
(5) Landscaping shall be installed only on the
property or portion of property to be devel-
oped or for which a building permit is ap'
plied. For properties with existing develop-
ment, landscaping in addition to existing
landscaping shall be required on a per-
centage basis determined either according
to square footage added, or substantially
altered, or value added to the premises by
proposed improvements, whichever is
higher, up to the maximum required for
that district. Existing valuation and valu-
ation of proposed changes shall be based on
Uniform Building Code valuation tables.
The term "substantially altered" means
that the value of remodeling excess fifty
(50) percent of the value of the building prior
to such improvements.
(6) In all districts, any area of the lot not cov-
ered by building, parking, walkways,
storage or display area, must be landscaped.
(D) District Requirements:
(1) Single- and two-family residential uses:
(a) One (1) street tree per seventy (70) feet
(or portion thereof) of street frontege to
be placed within the front setback prior
to issuance of the certificate of occu-
pancy. This should not be construed to
mean trees placed seventy (70) feet on
center.
(b) No less than twenty.five (25) percent of
the gross lot area and no less than fifty
(50) percent of the front yard, shall be
landscaped.
(2) Multifamily residential uses:
(a) Required within the minimum building
setbacks abutting public right-of-way,
ZONING AND DEVELOPMENT
~ 26.33
.
.
count shall be accepted for the completion
of necessary landscaping, said financial
guarantee to be equal to one and one-fourth
(11/.) times the cost of the landscaping. A
cost estimate for landscaping not installed
at that time shall be presented to the plan-
ning division for approval. Letters of credit
or escrows shall not be released until all
planting and frnish materials shown on the
approved landscape plan are ,installed and
accepted. The amount of the escrow or letter
of credit shall be determined by the depart-
ment of planning and development based
on the landscaping plan submitted_ Should
the required landscaping not be properly
installed upon the expiration of the letter
of credit or escrow account, the city reserves
the right to use such funds to have the re-
quired landscaping placed upon the subject
premises. Any costs incurred by the city in
excess of the funds provided by the letter of
credit or escrow shall be recovered by the
city through normal lien proceedings.
(F) Maintenance:
(1) The developer, his successor and/or the prop-
erty owner shall be responsible for regular
weeding, irrigating, fertilizing, pruning or
other maintenance of all pIantings as
needed in order to ensure the survival of
any reqnired landscaping. The city may re-
quire the removal and replacement of such
required landscaping where dead, diseased
or damaged landscaping is found.
(2) Minor changes in the approved landscaping
plan may be made with the approval of the
director of planning and development if the
total area of landscaping is not reduced
below minimum standards and placement
is not substantially changed_
(G) Acceptable Street Trees (depending on avail-
able space, traffic and/or pedestrian patterns, land-
scape objectives, or other considerations, other spe-
cies may be acceptable or highly desirable:
(1) Acer platanoides-Norway Maple.
(2) Acer platanoides schwedleri-Schwedler
Maple.
(3) Aesculus glabra-Ohio Buckeye.
e
Supp. No.8
(4) Aescu1us octandra-Yellow Buckeye.
(5) Catalpa ouata-Chinese Catalpa.
(6) Catalpa speciosa-Western Catalpa.
(7) Celtis occidentalis-Common Hackberry.
(8) Crataegus mollis-Downy Hawthorn.
(9) Crataegus phaenopyrum-Washington
Hawthorn.
(10) Crataegus rivularis-River Hawthorn.
(11) Fraxinus pennsylvanica-Green Ash. -
(12) Gleditsia triancanthos inerms-Honeylo-
cust.
(13) Gymnocladus dioicus-Kentucky coffee tree.
(14) Juglians nigra-Black Walnut.
(15) Malus sp.-Flowering Crabapple.
(16) PrunuS' americana-American Plum.
(17) Prunus cerasiferia-Newport Plum.
(18) Quercus borealis-Red Oak.
(19) Quercus macrocarpa-Bur Oak.
(20) Quercus robur-English Oak.
(21) Sorbus aucuparia-European Mountain
Ash.
(22) Tilia americana-American Linden.
(23) Tilia cordata-Little Leaf Linden.
(24) Tilia europaea-European Linden.
(25) Populus tremaloides-Quaking Aspen.
(H) Waivers and Variances: Generally, for
waivers and variances, see section 26-6(D). When-
ever a waiver or variance is required which would
be reviewed by the board of adjustment, planning
commission or city council, such request shall be
referred to the arborist board for their recommen-
dations and suggestions, especially regarding al-
ternatives to total waiver requirements (for"ex-
ample, substituting planter boxes or hanging
baskets for normal ground landscaping).
(Ord. No. 1989-792,!i 1, 5-8-89; Ord. No. 1990-827,
!i 1, 4-9-90)
Sec. 26-33. Excavation and deposit control.
(A) Generally: No deposit and/or extractive op-
eration shall be permitted in any district except
1809
~ 26-33
WHEAT RIDGE CITY CODE
.
in the manner prescribed herein. It is the intent
and purpose of this section to establish reasonable
uniform limitations, safeguards and controls in
the City of Wheat Ridge for the conservation and
wise utilization of property through deposit and/or
extraction of soil, sand, gravel, rock, minerals and
other similar resources. However, a primary in-
. tent and purpose is to protect surrounding prop-
erties from adverse impacts, including, but not
limited to, drainage problems,. soil erosion, traffic
problems, changas in ground elevation relative to
adjacent properties, etc., which may be created by
such operations. All fees shall be in accordance
with those fees established by the Uniform
Building Code.
Any fill operation which is proposed for a parcel
located within a 100-year floodplain shall addi-
tionally comply with the Flood Plain Zoning Or-
dinance, Article II of this chapter.
'. (B) Minor Excavation and Fill Permits:
(1) One to fifty (1-50) cubic yards. No permit is
required for dumping or excavation of ma-
terials which does not exceed fIfty (50) cubic
yards, provided, however, that any fill de-
posited is on natural terrain of less than
three to one (3:1), or such fill is less than
three (3) feet in depth and is not intended to
support permanent structures, and, in ad-
dition, such fill or excavation does not ob-
struct or otherwise adversely affect any
drainageway. Should any of the above stan-
dards be exceeded or a drainageway be af-
fected, a permit as required in subsection
(B)(2) below shall be required.
(2) Fifty-one to five hundred (51-500) cubic
yards. Dumping or excavation of earth ma-
terials not exceeding five hundred (500)
cubic yards may be allowed with a permit
approved by the city engineer. Application
shall be made to the public works depart-
ment on the appropriate form and shall be
accompanied by the appropriate fee. A
sketch plan indicating the following infor-
mation shall also be submitted.
(a) Location and dimensions of all prop-
erty boundaries and structures on the
site.
Supp. No.8
(b) Location and extent of areas t<l be fIlled
or excavated_
(c) Location of existing and proposed drain-
ageways, irrigation ditches, etc., and
indication of how and where historic
runoff will be maintained on site.
(d) Cross-section of area to be filled or ex-
cavated, indicating original slope, new
slope and depth of fIll.
(e) Statement which indicates the proposed
use or purpose for said fill or excava.
tion.
(3) Five hundred and one to twenty thousand
(501-20,000) cubic yards: Operations in
which earth material fill or excavation ex-
ceeds five hundred (500) cubic yards but
does not exceed twenty thousand (20,000)
cubic yards may be allowed by a permit
issued by the city engineer after reviewing
an application and supporting information
submitted to the public works department.
The following information shall be sub-
mitted with the required application form:
Site plan, prepared by a registered profes-
sional engineer, at a scale of no less than
one (1) inch to twenty (20) feet, which illus-
trates the following:
(a) Location and dimensions of all prop-
erty boundaries and structures on the
site.
(b) Location and extent of areas to be filled
or excavated.
(c) Location of existing waterways and
drainage courses indicating any
change. (For any site containing an es-
tablished irrigation ditch, a letter of
approval from the appropriate ditch
company or agency is required.)
(d) Location of existing and proposed
points of ingress/egress.
(e) Location and extent of existing vegeta-
tion, proposed changes in such vegeta-
tion and including methods to rehabil-
itate the vegetation after fIlling.
(1) A complete drainage and grading plan
and report, if required, at the discre-
tion of the city engineer.
(g) Plans for wind and water erosion con-
trol during operations, and plans for
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1810
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ZONING AND DEVELOPMENT
~ 26-33
rehabilitation and stabilization upon
completion.
(4) Performance standards: The following pro-
visions shall apply to all minor excavation
and fill permits:
(a) Rehabilitation: Within thirty (30) days
after the cessation of filling or excava-
tion, rehabilitation of the site shall
have been completed in accordance with
the approved plans. Rehabilitation shall
consist of acceptable leveling, grading,
landscaping or any combination thereof
to minimize potential erosion.
(b) Debris: Debris and/or contaminants
shall not be used except when en-
dorsed by the city engineer. For the
purpose of this section, the term "de-
bris" shall have the same meaning as
the terms Itgarbage,lI IItrashtl or "junk,1l
as defined in the Wheat Ridge Code of
Laws, section 20-24.
(5) [Limit on permits.] In no event shall a
single property receive accumulative per-
mits in excess of twenty thousand (20,000)
cubic yards within any consecutive twelve-
month period, except as provided under
paragraph (C) below.
(C) Major landfill and excavation control oper-
ations: Dumping, landfill and/or extraction oper-
ations which exceed twenty thousand (20,000)
cubic yards may be allowed in any zone district
only by special use permit requiring public hear-
ings with the planning commission and city coun-
cil, following procedures and requirements as
established in section 26-6(b). Such deposit or
extraction of earth, sand, gravel, rock, minerals,
broken concrete or broken asphalt or other simi-
lar resources, and/or storage thereof, are subject
to the following conditions. (In cases of isolation
or unusual characteristics of the operation or the
location thereof, partial waiver of these require-
ments may be made by city council.) A special use
permit may be issued for a period of time not to
exceed one (1) year and may be renewed by city
council upon written request:
(1) Application procedures. An application shall
be made to the planning and development
department and shall be accompanied by
Supp. No, 17
the appropriate fee and by engineered plans
and drawings which illustrate the follow-
ing minimum information:
(a) Certified survey ofthe site with corre-
sponding metes and bounds legal de-
scription.
(b) Name and address of property own-
er(s) and lessee(s), both within the site
and adjacent to the site's perimeter.
(c) Location and extent of areas to be
filled and/or excavated.
(d) Drainage plan and report, which iden-
tifies existing waterways and drainage
courses, indicating any changes, exist-
ing grades and proposed finish grades,
and method of maintaining historic
drainage from the site, and methods
for controlling erosion from both wind
and water during operations and upon
completion.
(e) Location of existing and proposed points
of ingress/egress.
(f) Location and extent of existing vegeta-
tion, and proposed changes in vegeta-
tion, including methods to rehabilitate
the vegetation upon completion.
(g) Location of residences, structures, util-
ities and roadways within one-quarter
('I.) mile's distance of site in question.
(h) Location and type or perimeter fenc-
ing.
(i) Location and surfacing of all roads
both within and adjacent to the site to
,be used for haulage.
(j) Location and character of proposed
lighting on the site.
(k) Schedule of operations, including com-
pletion date.
(I) Copies of all materials required to be
submitted to the State of Colorado or
the U.S. Government, where such agen-
cies are involved in permit reviews
and/or approvals.
(2) Performance standards:
(a) Setback: Subject to maintaining a thirty-
foot setback from all property lines.
1811
~ 26-33
WHEAT RIDGE CITY CODE
(b) Roads: Subject to operator(s) maintain-
ing all haulage roads used in connec-
tion with this operation, under their
control or ownership, as much as pos-
sible in a dust-free condition. Such
haulage roads shall not be established
along existing residential streets ex-
cept as may be provided by a special
permit. This shall not preclude collec-
tor or major streets from being used for
this purpose.
(c) Fencing: The property containing the
extractive operation shall be enclosed
by a V-mesh, cyclone, chainlink, or
other similar type metal fence with a
minimum height of seventy-two (72)
inches. Three (3) strands of barbed
wire shall be placed above the metal
fencing and canted to a 45-degree an-
gle to the outside. At such time as the
site has been rehabilitated in conform-
ance with the requirements as con-
tained herein, the fencing may be re-
moved.
(d) Erosion iJontrol: Provisions for control
of wind and water erosion during op-
erationsshall be made and followed.
Wind-blown materials or sediment loads
shall not be allowed to escape the site.
(e) Drainage: Debris and/or contaminants
shall not be accumulated or discharged
beyond the property line by any means
of transportation induding that of nat-
ural drainage. The operation shall be
conducted so that the excavated area
will not permit water of a stagnated
nature to collect or remain.
(f) Lighting: All exterior lighting shall be
in compliance with section 26-30(S).
(g) Rehabilitation: All special permits shall
contain provisions for rehabilitation of
the property as near or closely as is
practicable to its prior natural state or
condition or in such state or condition
as the city council may approve. Reha-
bilitation of the site shall include re-
placement of top soil which is spread
evenly over the rehabilitated site to a
Supp, No. 17
depth comparable to that of adjoining
areas. Property not ultimately used for
lake purposes or structures, etc., shall
be planted with trees, shrubs, grasses
or similar ground cover to preclude
erosion of the soil by either wind or
water.
(3) Bond. To insure rehabilitation of the site as
prescribed in subparagraph (g) above, there
shall be required at the time the original
permit is issued a performance bond nam-
ing the city council of the City of Wheat
Ridge as obligee in an amount and type to
be determined by the city engineer, based
on and with consideration for the magni-
tude of the excavation activities and reha-
bilitation requirements. In no instance shall
the amount of the bond be less than five
thousand dollars ($5,000.QO).
(4) Insurance. Every operator, before commenc-
ing operations, shall be insured to the
extent of two hundred fifty thousand dol-
lars ($250,000.00) per person, one million
dollars ($1,000,000.00) per occurrence
against liability arising from production,
activities or operations incidental thereto
conducted or carried on under or by virtue
of any law, resolution or condition imposed
by these regulations, and such insurance
shall be kept in full force and effect during
the period of such operations, including
site rehabilitation. A certificate indicating
protection by such insurance shall be filed
with the application for special permit.
(5) Equipment. All equipment used shall be
maintained and operated utilizing stan-
dard items, such as mufflers, filter, etc., as
much as possible to eliminate noise, vibra-
tion, dust, etc., which are injurious or sub-
stantially annoying to persons living in the
vicinity.
(6) Hours of operation. All activities shall op-
erate from 7:00 a.m. to 5:00 p.m. Opera-
tions shall not be permitted on Saturdays,
Sundays or holidays.
(7) The City of Wheat Ridge City Council spe-
cifically reserves the right to approve, ap-
prove with stipulations, or deny special use
1812
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ZONING AND DEVELOPMENT
S 26-201
permits for major landfIll and excavation
control operations based upon evaluation
of the proposal relative to the criteria for
review as set forth in section 26-6(B)(3).
(Ord. No. 1989-813, ~ 1, 12-11-89; Ord. No. 1990-
827, ~ 1,4-9-90; Ord. No. 1991-872, ~ 1, 9-11-91;
Ord. No. 1996-1026, ~ 2, 5-13-96)
Sec. 26-34. Reserved.
Sec. 26-35. Interpretation of Zoning Code.
In interpreting and applying the provisions of
this Zoning Code, said provisions shall be held to
be the minimum requirements for the promotion
of public health, safety, morals, convenience, or-
der, prosperity and general welfare. It is not
intended by this Zoning Code to interfere with or
abrogate or annul any easements, covenants or
agreements between parties; provided, however,
that wherever this Zoning Code imposes a greater
restriction upon the use of buildings or land or
upon the location or height of buildings or struc-
tures or required larger open spaces about build-
ings than are imposed or required by other laws,
regulations or by easements, covenants or agree-
ments between parties, the provisions of this
Zoning Code shall govern.
Any use not specifically enumerated as a per-
mitted use, an accessory use, a conditional use, or
a special use within their respective categories of
use shall be deemed to be prohibited within that
category of use, unless interpreted by the zoning
administrator or board of adjustment otherwise.
(Ord..No. 1990-823, ~ 2, 2-26-90; Ord. No. 1990-
827, ~ 1, 4-9-90)
Sec. 26-36. Violation and penalty.
Any person, firm, corporation, partnership or
any other entity of whatever description violating
any regulation or provision of this Article I of
Chapter 26 of the Code of Laws of the City of
Wheat Ridge shall be in violation of said Article I
of Chapter 26, and shall be subject to the provi-
sions and/or penalties set forth in Article V of this
chapter.
(Ord. No. 1990-823, ~ 2, 2-26-90; Ord. No. 1990-
827, ~ 1, 4-9-90)
Supp. No. 17
Sec. 26-37. Severability.
If any part or parts of this Zoning Code are for
any reason held to be invalid or unconstitutional,
such decision shall not affect the 'validity or
constitutionality of the remaining portions of this
Zoning Code. The city council hereby declares
that it should have passed this Zoning Code and
each part or parts thereof irrespective of the fact
that anyone (1) part or parts be declared invalid
or unconstitutional.
(Ord. No. 1990-823, ~ 1, 2-26-90; Ord. No. 1990-
827, ~ 1,4-9-90)
Sec. 26-38. Application of Zoning Code.
This Zoning Code shall apply throughout the
municipality of Wheat Ridge.
(Ord. No. 1990-823, ~ 2, 2-26-90; Ord_ No. 1990-
827, ~ 1,4-9-90)
Sec. 26-39-26-199. Reserved.
ARTICLE II. FLOODPLAIN ZONING
Sec. 26-200. Reserved.
Sec. 26-201_ Authorization; findings, objec-
tives.
(A) Statutory Authorization: The Legislature of
the State of Colorado has in C.R.S. ~ 31-23-301,
delegated the responsibility to local governmental
units to adopt regulations designed to promote
the public health, safety, and general welfare of
its citizenry, Therefore, the city council of Wheat
Ridge, Colorado, acting pursuant to its powers
and authorities granted and reserved under Arti-
cle XX of the Constitution of the State of Colorado
and the Home Rule Qharter adopted thereunder,
does hereby ordain following as its floodplain
zoning provisions.
(B) Findings of Fact: The City of Wheat Ridge
hereby fmds that:
(1) The flood hazard areas of Wheat Ridge are
subject to periodic inundation which re-
sults in loss oflife and property, health and
safety hazards, disruption of commerce and
governmental services, extraordinary pub-
lic expenditures for flood protection and
1813
~ 26-201
WHEAT RIDGE CITY CODE
relief, and impairment of the tax base, all
of which adversely affect the public health,
safety and general welfare.
(2) These flood losses are caused by the cumu-
lative effect of obstructions in areas of
special flood hazards which increase flood
heights and/or velocities and when inade-
quately anchored damage uses in other
areas. Flood losses are also caused by uses
that are inadequately flood proofed, inade-
quately elevated or otherwise protected from
flood damage.
(C) Public Objectives To Be Achieved: The city
council hereby finds it in the public interest, and
in the furtherance ofthe public health, safety and
welfare, that the following objectives be fulfilled:
(1) To promote the public health, safety and
general welfare, to minimize flood losses in
areas subject to flood hazards, and to pro-
mote wise use of the "Flood Regulatory
District" by:
(a) Prohibiting certain uses which are dan-
gerous to life or property in time of
flood.
(b) Restricting uses which would be haz-
ardous to the public health in time of
flood_
(c) Restricting uses which are so particu-
larly susceptible to flood damage, so as
to alleviate hardship and reduce de-
mands for public expenditures for re-
lief and protection.
(d) Restricting permitted Flood Regula-
tory District uses, including public fa-
cilities which serve such uses, to be
protected against floods by providing
floodproofing and general flood protec-
tion at the time of initial construction.
(2) To protect occupants of the Flood Regula-
tory District from a flood which is or may
be caused by their own, or other, land use
and which is or may be undertaken without
full realization of the danger through:
(a) Regulating the manner in which struc-
tures designed for human occupancy
Supp, No. 17
may be constructed so as to prevent
danger to human life within such struc-
tures.
(b) Regulating the method of construction
of water supply and sanitation sys-
tems-so as to prevent disease, contam-
ination and unsanitary conditions.
(c) Delineating and describing areas that
could be inundated by floods so as to
protect individuals from purchasing
lands for purposes which are not in
fact suitable.
(d) Ensuring that potential buyers are no-
tified that property is in an area of
special flood hazard.
(e) Ensuring that those who occupy the
areas of special flood hazards assume
responsibility for their actions.
(3) To protect the public from the burden of
extraordinary financial expenditures for
flood control and relief.
(a) Regulating all uses within the Flood
Regulatory District so as to produce a
method of construction and a pattern
of development which will minimize
the probability of damage to property
and loss of life or injury to the inhab-
itants of the flood hazard areas.
(b) Minimizing the need for rescue and
relief efforts associated with flooding
which are generally undertaken at the
expense of the general public.
(c) Minimizing prolonged business inter-
ruptions.
(d) Minimizing damage to public facilities
and utilities, such as water and gas
mains; electric" telephone and sewer
lines; streets and bridges located in
areas of special flood hazard.
(e) Helping maintain a stable tax base by
providing for sound use and develop-
1814
.
.
.
.
.
ZONING AND DEVELOPMENT
~ 26-202
.
ment of areas of special flood hazard so
as to minimize future flood-blight areas_
(l) Participating in the National Flood In-
surance Program to assist property
owners in obtaining adequate insur-
ance coverB;ge.
(4) To protect the hydraulic characteristics and
storage capacity of the Flood Regulatory
District and small watercourses, including
the gulches, sloughs and artificial water
channels, used for conveying floodwaters so
as to promote retention of sufficient
floodway area to convey flood flows which
can reasonably be expected to occur by:
(a) Regulating filling, dumping, dredging
and alteration of channels by deep-
ening, widening or relocating, so as to
maintain natural storage capacity and
slow flow characteristics.
(b) Prohibiting unnecessary encroach-
ments.
(c) Encouraging uses such as agriculture,
open space, recreation, greenbelt,
riding trails and parking.
(d) Preventing or regulating the construc-
tion of flood barriers which will unnat-
urally divert floodwaters or which may
increase flood hazards in other areas.
(e) Restricting or prohibiting uses which
are dangerous to health, safety and
property due to water or erosion haz-
ards or which result in damaging in-
creases in erosion or in flood heights or
velocities.
(I) Requiring that uses vulnerable to
floods, including facilities which serve
such uses, be protected against flood
damage at the time of initial construc-
tion.
(Ord. No. 1988-765, SS 1(1.0), 1, 6-13-88; Ord. No.
1990-827, !i 1, 4-9-90)
.
.
Sec. 26.202. Definitions.
Unless'specifically defined below, words or
phrases used in these regulations shall be inter-
preted so as to give them the meaning they have
in common usage, so as to be consistent with the
definition given the term in other portions of this
Supp. No'. 5
Zoning Ordinance, and to give these regulations
their most reasonable application.
Appeal. A request for a review by the board of
adjustment of any interpretation made by the
floodplain administrator (or his representative) of
any provision of these -regulations or a request for
a special exemption permit from said provisions.
Area of shallow {Zooding. A designated AO or
VO zone on the current flood insurance rate map
(FIRM). The base flood depths range from one (1)
to three (3) feet; a clearly defined channel does not
exist; the path of flooding is unpredictable and
indeterminate; and flow mayor may not be evi-
dent_
Area of special {Zood hazard. The land in the
floodplain within a community subject to a one (1)
percent or greater chance of flooding in any given
year.
Base {Zood. The flood having a one (1) percent
chance of being equaled or exceeded in any given
year.
Channel. That area of a watercourse where
water normally flows.
Crawl space. An unfinished, enclosed area be- "
neath a habitable floor or a building that is un-
inhabitable because of its shallow height of four
(4) feet or less, but can be utilized for storage.
Development. Any man-made change to im-
proved or unimproved real estate, including, but
not limited to, buildings or other structures,
mining, dredging, filling, grading, paving, exca-
vation or drilling operations located within the
Flood Regulatory District.
Equal degree of encroachment_ Established by
considering the effect of encroachments on the hy-
draulic efficiency of the floodplain along a signif-
icant reach of the stream on both sides.
Flood or Flooding. A general and temporary con.
dition of partial or complete inundation of nor-
mally dry land areas from the unusual and rapid
accumulation of runoff or surface waters from any
source.
Flood insurance rate map (FIRM). The official
map on which the Federal Emergency Manage-
mentAgency has delineated both the areas ofspe.
1815
~ 26-202
WHEAT RIDGE CITY CODE
e
cial flood hazards and the risk premium zones ap-
plicable to the community.
Flood insurance study. The official report pro-
vided by the Federal Emergency Management
Agency that includes flood profiles, the flood
boundary-floodwaymap, and the water surface el-
evation of the base flood.
Floodplain. See ''Flood ReguIatory District."
Floodplain administrator. The city engineer or
his designee is assigned the responsibility to co-
ordinate and deal with all aspects of these regu-
lations.
Flood profile. A graph or longitudinal profile
showing the relationship of the water surface el-
evation of a flood event to existing ground surface
along a stream or river.
Floodproofing. A combination of structural pro-
visions, changes or a~ustments to properties and
structures subject ro flooding primarily for the re-
duction or elimination of flood damages to prop-
erties, water and sanitary facilities, structures and
contents of buildings.
Flood protection elevation. An elevation one (1)
foot above the elevation or flood prof1le of the 100-
year flood under existing channel and floodplain
conditions. It is one (1) foot above the elevation of
the flood for the flood regulatory district as shown
on the official map and engineering reports of the
City of Wheat Ridge_
Flood regulatory district. The area adjacent to a
watercourse which is subject to flooding as the
result of the occurrence of the 100-year flood. Thus,
the area_is so adverse to past, current or foresee-
able construction or land use as to constitute a
significant hazard to public health and safety or
to property. The term includes, but is not limited
to, mainstream flood plains; debris-fan floodplains;
and dry wash channels and dry wash floodplains.
The flood regulatory district is composed of the
Floodway District and the Flood Storage District.
Flood storage district. The fringe portion of the
Flood Regulatory District in which flows are char-
acteristically backwater and areas of shallow
flooding.
Supp. No.5
Floodway district. The portion of the Flood Reg-
ulatory District required for the reasonable pas.
sage or conveyance of the 100-year flood which is
characterized by hazardous and significant depths
and velocities_
Lowest Floor. The lowest enclosed area of a
building including basement. However, a crawl
space usable solely for storage is not considered a
building's lowest floor; provided, that the crawl
space is built in conformance with section 26-
206(1).
Manufactured home. A structure that is trans-
portable in one (1) or more sections, built on a
permanent chassis, and designed to be used with
or without a permanent foundation when con-
nected to the required utilities. This term also
includes park trailers, travel trailers and other
similar vehicles placed on a site for greater than
one hundred eighty (180) consecutive days. Note:
This definition applies only to Flood Regulatory
District Regulations.
Manufactured home park or subdivision. A
parcel or contiguous parcels of land divided into
two (2) or more manufactured home lots for rent
or sale.
Mean sea level. For purposes of the National
Flood Insurance Program, the National Geodetic
Vertical Datum (NGVD) of 1929 or other datum
to which base flood elevations shown on the com-
munity's flood insurance rate map are referenced.
New construction. Structures for which the start
of construction commences on or after the effec-
tive date of these regulations.
New manufactured home park or manufactured
home subdivision. A parcel or contiguous parcels
of land divided into two (2) or more manufactured
home lots for rent or sale for which the construc-
tion of facilities for servicing the lot (including, at
a minimum, the installation of utilities, final site
grading, the construction of concrete pads, or the
construction of streets) is completed on or after
the effective date of these regulations.
lOO-year flood . One that has a statistical fre-
quency of occurring once in one hundred (100)
years. This is determined from an analysis of floods
on a particular watercourse and other water-
.
.
1816
ZONING AND DEVELOPMENT
~ 26.202
.
courses in the same general region. It has about a
one (1) percent chance of occurring in any given
year.
Reach. A hydraulic engineering term to describe
longitudinal segments of a stream or river _ A reach
will generally include the segment of the flood.
plain where flood heights are primarily controlled
by man-made or natural floodplain obstructions
or restrictions. In an urban area, the segment of a
stream or river between two (2) consecutive bridge
crossings may be a reach.
Significant reach. A reach extending to the point
upstream, downstream and both sides of the
channel where no change in elevation of the 100-
year floodwater surface elevation occurs, as caused
by permitted uses in the Flood Regulatory Dis-
trict.
Special exemption permit. A grant of relief from
the requirements of these regulations which per-
mits construction in a manner that would other-
wise be prohibited by these regulations. This term
is synonymous with a variance.
Start of construction. The date the building
permit was issued for any improvement; provided,
that the actual start of construction, repair, re-
construction, placement or other improvement was
within one hundred and eighty (180) days of the
permit date. The actual start means the first place-
ment of permanent construction of a structure on
a site, such as the pouring of slab or footings, the
installation of piles, the construction of columns,
or any work beyond the stage of excavation, or the
placement of a manufactured home on a founda-
tion. Permanent construction does not include land
preparation, such as clearing, grading and filling;
nor does it include the installation on the prop-
erty of accessory buildings, such as garages or
sheds not occupied as dwelling units or not part of
the main structure.
Storage capacity of a floodplain. The volume of
space between a given flood stage and existing
ground surface occupied by floodwater of a given
stage at a given time, regardless of whet her or not
the water is moving.
Structure. Anything constructed or erected, the
use of which requires a more or less permanent
location on or in the ground. Includes, but is not
.
e
Supp. No.5
limited to, objects such as buildings, factories,
sheds, cabins, manufactured housing and fences.
This term does not include sign, utility or light
poles.
Structure, permanent. A structure which is built
of such materials and in such a way that it would
commonly be expected to last and remain useful
for a substantial period of time.
Structure, temporary. A structure which is built
of such materials and in such a way that it would
commonly be expected to have a relatively short
useful life or is built for a purpose that would
commonly be expected to be relatively short-term.
Substantial fmprovement. Any addition, repair,
reconstruction or improvement of a structure, the
cost of which equals or exceeds fifty (50) percent of
the fair market value of the structure either be-
fore the improvement or repair is started or, if the
structure has been damaged and is being restored,
before the damage occurred. For the purposes of
this definition, "substantial improvement" is con.
sidered to occur when the first alteration of any
wall, ceiling, floor or other structural part of the
building commences, whether or not the alter-
ation affects the external dimensions of the struc- --
ture. The term does not, however, include either:
(1) Any project for improvement of a structure
to comply with existing state or local health,
sanitary or safety code specifications which
are solely necessary to assume safe living
conditions; or
(2) Any alteration of a structure listed on the
National Register of Historic Places or a
state inventory of historic places at the ef-
fective date of these regulations.
Vwlation. The failure of a structure or other
development to be fully compliant with the com-
munity's Flood Regulatory District regulations.
Water surface elevation. The height above mean
sea level according to the National Geodetic Ver-
tical Datum (NGVD) of 1929 (or other datum,
where specified) of floods of various magnitudes
and frequencies in the Flood Regulatory District.
(Ord. No_ 1988-765, ~ 1(2.0), 6-13-88; Ord. No. 1990-
827, ~ 1, 4-9.90)
1817
~ 26-203
WHEAT RIDGE CITY CODE
.
Sec. 26-203. General provisions.
(A) Jurisdiction: The provisions of this flood-
plain ordinance shall apply to all lands within the
Flood Regulatory District as defined on the offi-
cial maps and engineering reports of the City of
Wheat Ridge.
(B) District types: The Flood Regulatory Dis-
trict covers the area inundated by the 100-year
flood. The Floo.d Regulatory District has been di-
vided into two (2) subdistricts: The Floodway Dis-
trict and the Flood Storage District.
The Flood Regulatory District, the Floodway
District, and the Flood Storage District are not
separate zoning districts, but are overlay districts
over existing zoning districts. In addition to
meeting the conditions of the underlying zoning
district, any property to be developed in the Flood
Regulatory District must meet the conditions of
the applicable overlay flood district.
(C) District Determination: All properties within
the boundaries of the 100-year flood as shown on
the current flood insurance rate map for the City
of Wheat Ridge, shall be in either the Floodway or
Flood Stol'age District and shall be subject to the
requirements of sections 26-205 Floodway Dis-
trict, or 26-206, Flood Storage District, respec-
tively.
(D) Boundaries: The boundaries of the Flood
Regulatory District, Floodway District and Flood
Storage District have been defined by computing
the 100-year flood limits under existing channel
and floodplain conditions as shown on the official
maps and engineering reports.
The boundaries of the Flood Regulatory Dis-
trict, Floodway District and the Flood Storage Dis-
trict shall be as they appear on the official maps
and engineering reports kept on file in the office
of the city engineer. The boundary lines on the
map shall be determined by the use of the scale
and other surface features appearing on the map.
When there is a conilict between the boundary
lines illustrated on the map and the actual field
conditions, the dispute shall be settled according
to section 26-208.
(E) Interpretation: In the interpretation and ap-
plication of these floodplain regulations, these pro-
visions shall be held to be minimum requirements, -
Supp. No.5
. shall be liberally construed in favor of the gov-
erning body, and shall not be deemed a limitation
or repeal of any other powers granted by Colorado
Statutes or the Charter or ordinances of the City
.of Wheat Ridge.
(F) Warning and Disclaimer of Liability: The
degree of flood protection intended to be provided
by these floodplain regulations is considered rea-
sonable for regulatory purposes and is based on
nationally recognized and/or published engi-
neering and scientific methods of study. Larger
floods may occur on occasions or the flood height
may be increased by man-made or natural causes,
such as ice jams and bridge openings restricted by
debris. These regulations do not imply that areas
outside Flood Regulatory District boundaries or
land uses permitted within such districts will al-
ways be totally free from flooding or flood damage.
Anyone constructing new structures within the
Flood Regulatory District is accepting complete
responsibility for nonregulated events. These reg-
ulations shall not create a liability on the part of
or a cause of action against the City of Wheat
Ridge or any officer or employee thereof for any
flood damages that may result from reliance on
these regulations.
.
(G) Official Maps and Engineering Reports: The
location and boundaries of the Flood Regulatory
District shall be as shown on the current Flood
Insurance Rate Map (FIRM) for the City of Wheat
Ridge (Community Panel Number 085079, dated
February 4, 1988). The location and boundaries of
the Floodway and Flood Storage Districts shall be
as shown in the following engineering reports and
accompanying maps:
(1) Clear Creek: Flood Hazard Area Delinea-
tion Report, prepared by Gingery Associ.
ates for Urban Drainage and Flood Control
District, November, 1979,.
(2) Major Drainageway Planning for Lower
Clear Creek: Phase B, prepared by Wright-
McLaughlin Engineers for Urban Drainage
and Flood Control District, October 1981.
(3) Lena Gulch: Lena Gulch Master Drainage
Plan, prepared by Wright-McLaughlin En-
gineers for Urban and Flood Control Dis-
trict, June 1975.
e
1818
.
.
e
ZONlNG AND DEVELOPMENT
~ 26.205
(4) Request for Map Revision on Lena Gulch,
Wheat Ridge, Colorado, prepared by David
J. Love and Associates, Inc., for the City of
Wheat Ridge, Colorado, April 1986.
(5) Flood Insurance Study for the City of Wheat
Ridge, prepared by the V.S Army Corp of
Engineers, November 197L
The flood insurance rate map and the above.
mentioned engineering reports constitute the cur-
rent flood insurance study for the City of Wheat
Ridge and are hereby adopted by the above refer-
ence and decI8.red to be part of these regulations.
The flood insurance rate map and the above.
mentioned engineering reports, which constitute
the flood insurance study are on me at the Wheat
Ridge Municipal Building, 7500 West 29th Av-
enue, Wheat Ridge, Colorado 80034.
(Ord. No. 1988-765, !i 1(3.0),6-13-88; Ord. No. 1990-
827, !i 1, 4-9-90)
Sec. 26-204. Flood Regulatory District.
Application and Description:
(1) The Flood Regulatory District includes all
lands that are inundated by the 100-year
flood as shown on the official maps and en-
gineering reports for the City of Wheat
Ridge_
Flood \Ula.lO::~:::,-_ __ __ '. Flood Storage o;strlct
=~ '~.~-, -'(t~~:, ,;.~'~~.,"--,b'~ ~'-- 8
I",......,~IO. . / -Xoi.~;.::
., -
Floodway Oislrict
watercourse
Figure 26-204.1
(2) Based upon the official maps and engi-
neeringreports for the City of Wheat Ridge,
the Flood Regulatory District has been sep-
arated into two (2) subdistricts: the
Floodway District and the Flood Storage
District (see Figure 26-204.1 above).
(3) The respective regulations of section 26-205
and section 26-206 shall regulate all lands
within the Flood Regulatory District.
(Ord. No. 1988-765, !i 1(4.0),6-13-88; Ord. No. 1990-
827, !i 1,4-9-90)
Supp. No. 5
Sec. 26-205. Floodway District.
(A) Application and Description: These regula-
tions shall apply to all properties designated as
within the Floodway district.
(B) Permitted uses: The following open uses
shall be permitted within the Floodway District
to the extent that they are not prohibited in a
particular area by any underlying zoning ordi-
nance and do not include any structures, filling or
deposit of materials, and do not cause any in-
crease in the base flood elevation of the Floodway
District.
(1) Agricultural uses such as general farming,
pasture, truck farming, forestry, sod
farming and wild crop harvesting;
(2) Public and private recreational uses not re-
quiringpermanent or temporary structures
such as parks, swimming areas, golf
courses, driving ranges, picnic grounds,
wildlife and nature preserves, game farms,
fish hatcheries, shooting preserves, target
ranges and hunting, fishing and hiking
areas;
(3) Utility facilities such as flowage areas,
transmission lines, pipelines, water moni-
toring devices, roadways and bridges.
(4) Uses very similar in nature to these per-
mitted uses may be allowed, provided that
. they are consistent with the provisions of
these regulations.
(C) Prohibited uses:
(1) Structures, fin or deposition of materials
shall be prohibited in the Floodway Dis.
trict.
(2) The storage or processing of materials that
are buoyant, flammable or explosive, or any
hazardous liquid or soluble matter which
in times of flooding could be injurious to
human, animal or plant life shall be pro-
hibited within the Floodway District.
(Ord. No. 1988.765,!i 1(5.0),6.13-88; Ord. No. 1990-
827, !i 1,4-9-90)
-1819
~ 26-206
WHEAT RIDGE CITY CODE
.
Sec. 26-206. Flood Storage District.
(A) Application and Description: These regula-
tions shall apply to all properties designated as
within the Flood Storage District.
(B) Permitted Uses: The permitted uses in the
flood storage district are the same as those uses
permitted in section 26-205(B). However, in the
Flood Storage District, special exemption permits
may be applied for as specified in paragraph (C)
and (D).
(C) Special Exceptions-Class I: Any use enu-
merated in this paragraph may be permitted only
upon the issuance of a Class I special exception
permit by the floodplain administrator as pro-
vided in section 26-208(C) and in compliance with
paragraph (F) of this section.
(1) Structures for nonhuman occupancy.
Fences, sheds, signs and accessory build-
. ings may be permitted only upon a finding
that the structures do not create a negative
impact on the base flood elevation or flow
velocity.
(2) Structures for human occupancy. Improve-
ments to existing structures may be per-
mitted only upon a finding that the improve-
ments proposed are not substantial
improvements, as defmed in section 26-202.
(3) Fill or deposition of material. Fills or dep-
osition of materials may be permitted only
upon a fmding that the proposed plan will
comply with paragraph (F) of this section.
(D) Special Exceptions-Class II: Any use enu-
merated in this paragraph may be permitted only
upon the issuance of a Class II special exception
permit by the board of adjustment as provided in
section 26-208 and in compliance with paragraph
(F) of this section.
(1) Structures for human occupancy. New con-
struction or substantial improvement of any
residential, commercial, industrial or other
nonresidential structure may be permitted
only upon a certification by a registered pro-
fessional engineer to the floodplain admin-
istrator that the lowest floor, including base-
ment, is elevated to one (1) foot or more
above the base flood elevation.
Supp. No.5
(2) Manufactured homes. New manufactured
home parks and manufactured home sub-
divisions, expansions of existing manufac-
tured home parks anchnanufactured home
subdivisions, and existing manufactured
home parks and manufactured home sub-
divisions where the repair, reconstruction
or improvement of the street utilities ex-
ceeds fIfty (50) percent of the fair market
value of the streets, utilities and pads be.
fore the repair, reconstruction or improve-
ment has commenced, and for manufactured
homes not placed in a manufactured home
park or manufactured home subdivision,
may be permitted only upon a certification
by a registered professional engineer to the
floodplain administrator that:
(a) All manufactured homes or those to be
substantially improved shall be ele-
vated on a permanent foundation such
that the lowest floor of the manufac-
tured home is elevated one (1) foot or
more above the base flood elevation and
is securely anchored to an adequately
anchored foundation system. Manufac.
tured homes shall be anchored in ac-
cordance with subsection (F)(12) ofthis
section.
(b) Adequate surface drainage and access
for a hauler will be provided.
.
(E) Prohibited Uses-Hazardous Materials: The
storage or processing of materials that are
buoyant, flammable or explosive, or any hazardous
liquid or soluble matter which in times of flooding
could be injurious to human, animal or plant life
shall be prohibited within the Flood Storage Dis-
trict.
(F) Development Standards: The following reg-
ulations shall apply to all permitted development
and uses within the Flood Storage District:
(1) All new structures which are walled and
roofed and greater than one hundred twenty
(120) square feet in size must be elevated
one (1) foot above the base flood elevation.
(2) All development shall be evaluated based
on any analysis of an equal degree of en-
croachment based on conveyance of the 100-
.
1820
ZONING AND DEVELOPMENT
~ 26-206
.
year flood extending for a significant reach lapse or lateral movement and capable of
on both sides. resisting the hydrostatic and hydrodynamic
(3) No Flood Storage District uses shall ad- loads created by the 100-year flood. Methods
versely affect -the efficiencY of or unduly of anchoring may include, but are not lim-
ited to, use of over-the-top and frame ties to
restrict the capacity of the channels or flood- ground anchors. Specific requirements may
ways of any tributaries to the main stream, be:
drainage ditches, or any other drainage fa-
cilities or systems. (a) Over-the-top ties shall be provided at
(4) All new construction and substantial im- each of the four (4) corners of the man-
ufactured home, with two (2) additional
provements shall be anchored to prevent ties per side at intermediate locations
flotation, collapse or lateral movement of and manufactured homes less than fifty
the structure and to withstand hydrody- (50) feet long requiring one (1) addi-
namic loads. tional tie per side;
(5) All new construction and substantial im- (b) Frame ties shall be provided at each
provements shall be constructed with ma- corner of the home, with five (5) addi-
terials and utility equipment resistant to tional ties per side at intermediate
flood damage. points and manufactured homes less
(6) All new construction and substantial im- than fifty (50) feet long requiring four
(4) additional ties per side;
provements shall be constructed by methods (c) All components of the anchoring system
and practices that minimize flood damage. shall be capable of carrying a force of
. (7) Electrical, heating, ventilation, plumbing, four thousand eight hundred (4,800)
and air conditioning equipment and other pounds; and
service facilities shall be designed and/or (d) Any additions to the manufactured
located so as to prevent water from entering home shall be similarly anchored.
or accumulating within the components (13) Any fin or deposition of materials must be
during conditions of flooding.
(8) All development proposals shall have ade- shown to have some beneficial purpose and
the amount thereof will not be greater than
quate drainage provided to reduce expo- is necessary to achieve that purpose, as dem-
sure to flood damage. onstrated by a plan submitted by the owner
(9) . All new and replacement water supply, san- showing the final dimensions of the pro-
itary sewage, or on-site disposal systems posed fill or other material and the use to
shall be designed and located so as to min- which the filled land wVI be put.
imize or eliminate infiltration of floodwa- (14) Any fill or deposition that does reduce hy-
ters into them and discharge from the sys-
tems into floodwaters. draulic capacity shall require appropriate
hydraulic studies including an equal de-
(10) All subdivision proposals shall be consis. g,ee of encroachment analysis and a re-
tent with the need to minimize flood view ofthe urban impact of such reduction.
damage.
(11) All development proposals shall have public (15) Any fill or deposition will be protected
utilities and facilities, such as sewer, gas, against erosion by riprap, strong vegeta-
electrical, and water systems, located and tive cover, bulkheading, or other accepted
constructed to minimize flood damage. means of erosion protection.
(12) All manufactured homes to be placed within . (16) 'All fences shall be designed so that the
. the Flood Regulatory District must be ele- bottom portion, except for supporting fence
vated and anchored to resist flotation, col- posts, are elevated one (1) foot above base
Supp. No.5
1821
~ 26-206
WHEAT RIDGE CITY CODE
flood elevation or in a breakaway design if
approved by the floodplain administrator.
(Ord. No. 1988-765, !i 1(7.0), 6-13-88; 000. No. 1990-
827, !i 1, 4-9-90)
Sec. 26-207. Nonconforming uses.
The existing lawful use of a structure or pre.
mises which is not in conformity with the provi-
sions of these regulations may be continued sub-
ject to the following conditions:' . .
(1) No such use shall be expanded or enlarged
except in conformity with the provisions of
these regulations.
(2) No substantial improvement to any noncon-
forming structure over the life of the struc-
ture shall be allowed unless the noncon-
forming use is permanently changed to a
conforming use.
(3) If such use is discontinued for twelve (12)
~ consecutive months, any future use of the
building and premises shall conform to
these regulations.
(4) Uses or adjuncts thereof which are nui-
sances shall not be permitted to continue
as nonconforming uses.
(5) Any alteration, addition or repair to any
nonconforming structure permitted pur-
suant to subsection (2) above shall be pro-
tected by lloodproofmg measures pursuant
to section 26-208(C)(4)(a).
(Ord. No. 1988-765, !i 1(7.0),6-13-88; Ord. No. 1990-
827, !i 1, 4-9-90)
Sec. 26.208. Administration.
(A) Floodplain Administrator: The city engi-
neer of the City of Wheat Ridge or his designee
shall be the floodplain administrator_ The duties
of the administrator shall include, but not be lim-
ited to:
(1) Coordination between departments and di-
visions:
(a) Coordinate the application, permit, re-
view, appeal, certification and enforce-
ment processes between the office of the
city engineer and the department of
Supp. No.5
1822
e
planning and development's divisions
of planning, building, and code enforce-
ment as appropriate to ensure compli-
ance with these regulations and an ef-
ficient use of staff.
(b) All applications and certifications shall
be submitted to the department of plan-
ning and development from which fur-
ther routing shall occur.
(c) All administrative decisions reqnire the
property to be posted for fllteen (15)
days_ Ifno protests are filed, the permit
may be issued by the lloodplain admin-
istrator. If a protest is flIed, .then a
hearing before the board of adjustment
will be scheduled.
(2) Development permit review:
(a) Review all development permits, which
includes building, miscellaneous and
fill permits, to determine whether a
property is within the Flood Regula-
tory District and that the applicable
requirements of these regulations have
been satisfied.
(b) Review all development permits to de-
termine that all necessary permits have
been obtained from federal, state or
local governmental agencies from
which prior approval is required.
.
(3) Information to be obtained and maintained:
(a) Obtain certification from applicant's
engineer or architect and record the ac-
tual elevation (in relation to mean sea
level) of the lowest lloor (including base-
ment) of all new or substantially im-
proved structures.
(b) Maintain for public inspection all
records pertaining to the provisions of
these regulations.
(c) All records required by these regula-
tions shall be maintained with the as-
sociated development permits in the de-
partment of planning and development.
( 4) Use of other base flood data. When base flood
elevation data has not been provided by the
applicant or his representative, the flood-
plain administrator may obtain, review, and
.
ZONING AND DEVELOPMENT
~ 26-208
.
reasonably utilize any base flood and
floodway elevation data available from fed-
eral, state or other sources as criteria for
requiring that new construction, substan-
tial improvements or other-development in
the Flood Regulatory District in order to
administer sections 26-206(C), (D) and (Fl-
(5) Alteration or relocation of watercourses:
(a) No alteration or relocation of a water-
course shall occur without the approval
of the floodplain administrator. Consid-
eration of gravel extraction operations
shall be in accordance with state law
(C.R.S. S 3-4-1-301).
(b) Upon receiving approval, the applicant
shall notify adjacent communities and
the Colorado Water Conservation
Board prior to any alteration or reloca-
tion of a watercourse and submit evi-
dence of such notification to the Fed-
eral Emergency Management Agency.
The applicant shall provide all data re-
quired by the Federal Emergency Man-
agement Agency for a letter of map re-
vision.
(c) The carrying capacity of an altered or
relocated watercourse shall be main-
tained.
(6) Interpretation of flood insurance rate map
(FIRM) boundaries. The floodplain admin-
istrator shall make interpretations, where
needed, as to the exact location of the bound-
aries of the areas of special flood hazards
(for example, where there appears to be a
conflict between a mapped boundary and
actual field conditions). Any person con-
testing the location of the boundary shall
be given a reasonable opportunity to ap-
peal the interpretation as provided in para-
graph (B) below.
.
e
(B) Mapping Disputes: The following procedure
shall be used by the floodplain administrator in
deciding contested cases in which the location of a
district boundary is disputed:
(1) In all cases, the person contesting the loca-
tion of the district boundary shall be given
a reasonable opportunity to submit his own
Supp. No.5
technical evidence if he so desires. The flood-
plain administrator shall not allow devia-
tions from the boundary line as mapped. If
the evidence clearly and conclusively estab-
lishes that the mapped location of the line
is incorrect, a Federal Emergency Manage-
ment Agency letter of map revision must
be completed by the applicant prior to the
issuance of a building permit.
(2) The administrator shall render a written
opinion within thirty (30) days following re-
ceipt of the applicant's technical evidence
setting forth the findings of fact and the
reasons for the decision.
(3) Contestants shall have the right to appeal
such decisions to the board of adjustment.
Application for appeal must be made within
thirty (30) days.
(C) Special Exception Permits:
(1) Application. There shall be two (2) types of
special exception permits: Class I and Class
II. Any' use listed in section 26-206(C} (Spe-
cial Exceptions-Class I) may be allowed
only upon issuance of a Class I special ex-
ception permit by the floodplain adminis-
'-
trator. Any use listed in section 26-206(D)
(Special Exceptions-Class ill may be al-
lowed only upon issuance of a Class II spe.
cial exception permit by the board of ad-
justment. The approval of either special
exception permit does not substitute for any
other permit that may be required by city
ordinance, such as building, miscellaneous,
or fill permits.)
(2) Submittal requirements. Pursuant to a spe-
cial exception permit application, the ad-
ministrator may:
(a) Require the applicant to submit, at the
time of application, a plan certified by
a registered engineer, competent in
open-channel hydraulics, which accu.
rately locates the applicant's property
with respect to the Flood Regulatory
District limits, channel of stream, ex-
isting Flood Regulatory District devel-
opments, together with all pertinent in-
formation such as: the nature of the
1823
~ 26-208
WHEAT RIDGE CITY CODE
proposal; legal description of the prop-
erty; fill limits and elevations; build-
ing's lowest floor elevations in relation
to the datum used on the Federal Emer-
gencY Management AgencY map and
study; floodproofing measures and ele-
vation in relation to mean sea level to
which any structure has been flood-
proofed; a report covering the effects of
equal degree of encroachment of other
nearby residents of the Flood Regula-
tory District; and a description to the
extent to which any watercourse will
be altered or relocated as a result of
the proposed development.
In addition, all subdivision proposals
and other proposed new developments
which are located in an Flood Regula-
tory District shall include within such
proposals base flood elevations.
(b) Require the applicant to furnish as
much of the following additional infor-
mation as is deemed necessary by the
floodplain administrator for the evalu-
ation of the effects of the proposal upon
flood flows and floodplain storage and
to render a decision on the proposed
Flood Regulatory District use:
1. A typical valley cross-section
showing the channel of the stream,
the floodplain adjoining each side
of the channel, cross-sectional area
to be occupied by the proposed de.
velopment, and high-water infor-
mation.
2. Plan (surface view) showing eleva-
tions or contours of the ground; per-
tinent structure, fin or storage el-
evations; size, location and spatial
arrangement of all proposed and
existing structures on the site; lo-
cation and elevations of streets,
water supply and sanitary facili-
ties; soil types; and other perti-
nent information.
3. ProfIle showing the slope of the
100-year flood and the bottom of
the channel or thalweg of the
stream.
Supp. No.5
4. Specifications for building con-
struction and materials, l1oodproof.
ing, filling, dredging, grading,
channel improvement, storage of
materials, water supply and sani-
tary facilities.
5. Hydraulic calculations for all pro-
posed channelization.
(3) Factors upon which the decision shall be
based. The determination of the floodplain
administrator or the board of adjustment
on each special exemption permit shall be
based on the effects of the proposed project
with respect to the objectives and purpose
of these regulations as stated in section 26-
201.
.
(4) Conditions attached to special exception per-
mits. Upon consideration of the factors listed
above and purposes of these regulations, the
floodplain administrator or board of adjust.
ment may attach such conditions as deemed
necessary in furthering the purposes of
these regulations. A copy of these condi-
tions shall be presented to the applicant
and a copy of these conditions shall be trans-
mitted to the chief building inspector, which
shall be kept on file.
.
Such conditions may include specifications
for, without limitation because of specific
enumeration, modification of sewage dis-
posal and water supply facilities, modifica-
tion of other waste disposal methods and
facilities, landscaping periods of operation,
operational controls, sureties, deed restric-
tions, and adequate floodproofing.
(a) Floodproofing: Special exception per-
mits requiring floodproofing measures
such as the following shall be designed
consistent with the flood protection el-
evation for the particular area and l100d
velocities, forces and other factors as-
sociated with the flood protection ele-
vation.
The floodplain administrator shall re-
quire that the applicant submit a plan
or document certified by a registered
professional engineer that the flood-
.
1824
ZONING AND DEVELOPMENT
~ 26.208
.
proofing measures are consistent with
the flood protection elevation for the
particular area.
Floodproofmg measures may include
the following:
1. Anchorage to resist flotation and
lateral movement.
2. Installation of watertight doors,
bulkheads and shutters.
3. Reinforcement of walls to resist
water pressures.
4. Use of paints, membranes or mor-
tars to reduce seepage of water
through walls.
5. Addition of mass or weight to struc-
tures to resist flotation. ,
6. Installation of pumps to lower
water levels in structures.
7. Construction of water supply and
waste treatment systems to pre-
vent the entrance of floodwaters.
8. Pumping facilities for subsurface
drainage systems for buildings to
relieve external foundation wall
and basement floor pressures.
9. Construction to resist rupture or
collapse caused by water pressure
or floating debris.
10. Cutoff valves on sewer lines or the
elimination of gravity flow base-
ment drains.
.
e
Furthermore, measures must be taken
to ensure that the construction does not
in any way cause the 100-year flood to
become more damaging to other resi-
dents within the Flood Regnlatory Dis-
trict.
(5) Class I special exemption permits; timeli-
ness of decision. The floodplain adminis-
trator shall render, within thirty (30) days
of receipt of all necessary application doc-
uments and materials, a written decision
granting or denying a permit-application.
If a denial is made, the decision shall set
forth the administrator's fmdings of fact and
reasons for the denial. In the event the flood-
plain administrator fails to render a deci-
sion within said thirty (30) days, it shall be
Supp. No.5
deemed that the application is denied and
applicants shall have a right to appeal as
provided herein. Applicants shall have the
right to appeal any adverse decision to the
board of adjustment. Such application for
appeal must be made within thirty (30) days
from the date of the floodplain administra-
tor's decision.
(D) Review by the Board of Adjustment:
(1) The board of adjustment of the City of
Wheat Ridge shall hear and decide appeals
of Class I special exemption permits which
have been denied by the floodplain admin-
istrator and requests for Class II special
exemption permits as provided within these
regulations.
(2) The board of adjustment shall hear and de-
cide appeals of Class I special exemption
permits when it is alleged there is an error
in any requirement, decision or determina-
tion made by the floodplain administrator
in the enforcement or administration of
these regulations.
(3) Those aggrieved by the decision ofthe board
of adjustment may appeal such decisions to
the Jefferson County District Court, as pro-
vided by the Wheat Ridge Code of Laws.
(4) In passing upon such application, the board
of adjustment shall consider all technical
evaluation, all relevant factors, standards
specified in other sections of these regula-
tions, and:
(a) The danger that materials may be
swept into other lands to the injury of
others;
(b) The danger to life and property due to
flooding or erosion damage;
(c) The susceptibility of the proposed fa-
cility and its contents to flood damage
and the effect of such damage on the
individual owner;
(d) The importance of the services provided
by the proposed facility to the commu-
nity;
(e) The necessity to the facility of a water-.
front location, where applicable;
1825
~ 26-20S
WHEAT :RIDGE CITY CODE
.
(I) The availability of alternative locations
for the proposed use which are not sub-
ject to flooding or erosion damage;
(g) The compatibility of the proposed use
with the existing and anticipated de-
velopmimt;
(h) The relationship of the proposed use to
the comprehensive development plan
and floodplain management program
for the area;
(i) The safety of access to the property
during times of flood for ordinary and
emergency vehicles;
Gl The expected heights, velocity, dura-
tion, rate of rise and sediment trans-
port of the floodwaters expected at the
site;
(k) The costs of providing governmental
services during and after flood condi-
tions, including maintenance and re-
pair of public utilities and facilities,
such as sewer, gas, electrical, and water
systems, streets and bridges.
(5) Upon consideration of the factors of subsec.
tion (D)(4) above, the board of adjustment
may attach such conditions to the granting
of special exemption permits as it deems
necessary to further the purposes of these
regulations.
(6) The floodplain administrator shall main-
tain the records of all appeal actions, in-
cluding technical information, and report
any special exemption permits to the Fed-
eral Emergency Management Agency, upon
request.
(E) Conditions for Special Exemption Permits:
(1) Special exemption permits may be issued
for the reconstruction, rehabilitation or res-
toration of structures listed on the National
Register of Historic Places or the state in-
ventory of historic places, without regard
to the procedures set forth in the remainder
of this section.
(2) Special exemption permits shall not be is-
sued within any designated Floodway Dis-
trict.
Supp. No.5
(3) Special exemption permits shall only be is-
sued upon a determination that the special
exemption permit is the minimum neces-
sary, considering the flood hazard, to afford
relief.
(4) Special exemption permits shall only be is-
sued upon:
(a) A showing of good and sufficient cause;
(b) A determination that failure to grant
the special exemption permit would re-
sult in exceptional hardship to the ap-
plicant; and
(c) A determination that the granting of a
special exemption permit will not re-
sult in increased flood heights, addi-
tional threats to public safety, extraor-
dinary public expense or create
nuisances, cause fraud on or victimiza-
tion of the public as identified in sec-
tion 26-201(C) or conflict with existing
local laws or ordinances.
(Ord. No_1988-765, !l1(8.0), 6-13-88; Orc!. No. 1990-
827, ~ 1,4-9-90)
.
Sec. 26-209. Certificate of compliance.
(A) No vacant land shall be occupied or used,
and no building hereafter erected, altered or moved
into the Flood Regulatory District until a special
exemption permit has been issued by the flood-
plain administrator or the board of adjustment
indicating that the use or proposed use or struc-
ture complies with the provisions herein.
(B) A certificate of compliance shall be applied
for upon completion of any project, construction or
use for which a special exception permit was
granted, and the excepted land use shall not com-
mence until a certificate of compliance is issued.
(C) Issuance of a certificate of compliance by
the floodplain administrator shall be required be-
fore a certificate of occupancy may be issued by
the department of planning and development. The
certificate of compliance shall indicate that there
has been compliance with these Flood Regulatory
District regulations and any conditions attached
to a special exemption.
.
1826
ZONING AND DEVELOPMENT
~ 26-401
.
(D) The floodplain administrator shall require
the applicant, when applicable, to submit a certi-
fication by a registered professional engineer or
architect that the finished f1ll and building~floor
elevations, floodproofing measures or other flood
protection factors were accomplished in compli-
ance with the provisions of these regulations and
any conditions attached to a special exemption
permit. The floodplain administrator shall within
ten (10) days after receipt of such certification from
the applicant issue a certificate of compliance only
if the building or premises and the proposed use
thereuf conform with all the requirements of these
regulations and any conditions attached to a spe-
cial exemption permit. Said submitted certifica-
tion, along with a copy of the certificate of com-
pliance, shall be kept on record in the department
of planning and development.
(Ord. No. 1988-765, S 1(9.0),6-13-88; Ord. No. 1990-
827, S 1, 4-9-90)
Sec. 26-210. Enforcement and penalties.
Every structure, building, fill or development
placed or maintained within the .Flood Regula-
tory District in violation of these regulations is a
public nuisance and the creation thereof may be
enjoined and maintenance thereof may be, abated
by action at suit of the City of Wheat Ridge, the
state or any citizen thereof. Any person who places
or maintains any structure, building, fill or devel-
opment within the Flood Regulatory District in
violation of these regulations shall be guilty of a
misdemeanor and, upon conviction thereof, shall
be fined not more than nine hundred and ninety-
nine dollars ($999.00) or imprisoned not more than
one hundred eighty (180) days or both. Each day
during which such violation exists is a separate
. offense.
In the event it becomes necessary for the city to
bring action to enjoin or abate any such violation
of this section, the city shall be entitled to re-
cover, in addition to any fine or penalty imposed
hereby, its cost of bringing said action and/or
abating any such structure, building, fill or devel-
opment placed or maintained within the Flood
Regulatory District, which costs shall include at-
torneys' fees as well as the actual costs incurred
by the city.
(Ord. No. 1988-765, S 1(10.0), 6-13-90; Ord. No.
1990-827, S 1, 4-9-90)
.
.
Supp. No.7
Sec. 26.211. Amendments.
The city council of the City of Wheat Ridge,
Colorado, may from time to time alter, supple-
ment or change the district boundaries and the
regulations contained in these regulations in the
manner provided by law.
(Ord. No. 1988-765, S 1(11.0), 6-13-90; Ord. No.
1990-827, S 1, 4-9-90)
Sees. 26.212-26-299. Reserved.
ARTICLE III. SUBDIVISION
REGULATIONS"
Sees. 26-300-26-400. Reserved.
ARTICLE IV. SIGN CODEt
Sec. 26.401. Intent and purpose.
The intent and purposes of this article are:
(1) To protect the public from signs which are
structurally unsafe;
(2) To promote traffic safety and the free move-
ment of traffic, and protect the public from
the hazardous conditions which result from
signs that obscure or distract the vision of
motorists, bicyclists and pedestrians;
(3) To facilitate easy, safe and pleasant com-
munication between people and their sur.
roundings;
(4) To conserve the character and economic
value of buildings and neighborhoods;
(5) To provide a balance betwp.en legitimate
identification and advertising needs and the
visual discord which signs sometimes cause,
.Editor's note-The Subdivision Regulations currently in
place in the city remain unaffected by this Zoning Code, said
regulations having been adopted as Ordinance No. 672. Series
of 1986. Upon readoption, the Subdivision Regulations shall
be codified as Art. 1Il to Ch. 26.
tEditor's note-The Sign Code curren1;l.y in place in the
city remain unaffected by this Zoning Code, said Sign Code
having been adopted as Ordinance No. 225, Series of 1976, as
amended. Upon readoption, the Sign Code shall be codified as
Art. IV to Ch. 26.
1827
~ 26-401
WHEAT RIDGE CITY CODE
and to provide a sense of balance or propor-
tion between a sign and the building or
property which it serves;
(6) To encourage the erection of signs which
are legible in their surroundings, compat-
ible with the visual character of the sur.
rounding area, appropriate to the activities
identified; and
(7) To ensure that adequate and effective ad-
vertising signage opportunities exist within
a regulatory framework which protects the
constitutionally guaranteed right of free
speech.
(Ord. No. 1991-860, !i 1, 5-2-91)
Sec. 26-402. Supersession.
The terms and provisions of this article shall
prevail in the event of any conflict between the
provisions hereof and any ordinance of the city
heretofore enacted.
(Ord. No. 1991-860, !i 1, 5-2-91)
Sec. 26.403. Definitions.
For the purposes of this article, the following
words and phrases shall have the meanings re-
spectively ascribed to them by this section:
Animated sign. A moving sign that utilizes mo-
tion, implied or actual, in a horizontal or vertical
plane or both. The only animated type of signs
that are permitted are "time and temperature"
and "barber pole" signs.
Arcade sign. Any sign projecting beneath and
attached to the underside of any balcony, canopy,
awning or other structural overhang or pas-
sageway.
Artistic mural or sculpture. A freestanding
statue or sculpture or a graphic illustration or
design, or an architectural design or relief applied
directly to or incorporated within a wall of a
building, which does not advertise or promote a
particular business, service or product. A com-
pany, firm, association, society, etc., logo is not
considered within the scope of this definition and
is considered a sign.
Awning. A movable shelter supported entirely
from the exterior wall of a building and/or a type
Supp. No.7
.
which can be retracted against the face of the sup-
porting building. .
Billboard. Any sign in excess of fifty (50) square
feet-iIrsize utilized--to-advertise a product or ser-
vice that is not produced or conducted on the same
property as the sign.
Building front. The exterior wall(s) of a building
facing a public street or streets or other public
right-of-way other than alleys, or one exterior wall
containing the primary entrance to the building if
not directly facing upon a public street.
Bulletin board. A sign which announces meeting
times or special events of public interest such as a
- church service, civic meeting or similar event. (See
section 26-410(c))
Canopy. A roof-like structure serving the pur-
pose of protecting vehicles and/or pedestrians and
which may be freestanding or attached to a
building, is provided with supports, and is open
on three (3) sides if attached and on all sides if
freestanding.
Changeaole copy sign. A sign, either illumi-
nated or nonilluminated, which is designed so that
the message or any part of the message may be
periodically changed, either mechanically or elec-
tronically, however, where a change in message
occurs no sooner than every fifteen (15) seconds.
Any sign wherein the message changes sooner
than fifteen (15) seconds shall be considered a
flashing sign.
Development. A single lot, parcel or tract ofland
or portions or combinations oflots, parcels or tracts
of land which are held in single or common own-
ership and which exist as a distinct functional
entity. Multiuse buildings and multiple building
complexes which are held in singular or common
ownership, either by individual, corporation, part-
nership or other legally recognized entity, shall
be considered a "development" for the purpose of
signage.
Erect. To build, construct, attach, hang, place,
suspend, affIX, relocate or reconstruct any sign or
sign-supporting structure.
Flashing sign. A sign that is illuminated with
intermittent lighting, animated lighting or with
varying intensities of light at intervals of fifteen
.
.
1828
.
ZONING AND DEVELOPMENT
S 26-403
.
(15) seconds or less, including a moving light or
lights. . .
Freestanding sign, A sign that is permanent and
self.supporting, being nondependent on SUpport
from a building or other structure, including signs
placed upon fences or nonsupporting walls.
Illuminated sign. A sign that is illuminated with
constant intensities of light of a nonvarying na-
ture. There are three (3) types of illuminated lights
as follows:
(1) Direct. Lighting by means of an unshielded
light source which is effectively visible as a
part of the sign. Neon lighting is consid-
ered direct lighting.
(2) Indirect. Lighting which illuminates the
front of a sign or the entire building facade
upon which the sign is displayed, the source
of the light being shielded from public view
and from surrounding properties. Indirect
illumination does not include lighting
which is primarily used for purposes other
than sign illumination, such as parking lot
light.
(3) Internal. Lighting by means of alight source
which is within a sign having a translucent
background and which silhouettes opaque
letters or designs, or lighting within or be-
hind letters or designs which are them-
selves made of translucent or opaque ma-
terial.
Informational sign. A freestanding or wall-type
sign, not located within public street right-of-way,
which gives necessary direction or nonadvertising
information to motor vehicle operators or pedes-
trians, such as entrance, exit, parking limitations
or location of on-site buildings or facilities_ A com-
pany logo or name no larger than one (1) square
foot may be included on each such permitted sign.
Lot. A tract, building site, parcel or portion of
land separated from other parcels or portions by
description, as on a subdivision plat of record or
survey map or by metes and bounds, for the pur-
pose of sale, lease or use.
Nonconforming sign. A sign which does not con-
form with the regulations set forth in this article,
but which did meet the requirements of the reg-
ulations existing at the date of its erection.
.
Supp, No, 13
Off-premises sign. Any sign, fifty (50) square
feet or smaller, which advertises or directs atten-
tion to a business, commodity, service or activity
conducted, sold or offered elsewhere other than on
the property which the sign is located.
Painted sign. A sign that is painted directly onto
the exterior surface of a building, wall or struc-
ture.
Political sign. A noncommercial sign, which is
exempt from permit requirements, erected or
placed so as to advertise, announce, declare or
state a political message, whether relating to a
political campaign or election or any other issue
of public concern which is protected by the First
Amendment's right of free speech.
portable sign. Any sign which is supported by
one (1) or more uprights or braces upon the ground
and which is of portable design.
Projecting sign. A sign which is affIXed to any
building, wall or structure and which extends be-
yond the building wall more than fifteen (15)
inches.
Public information sign. A sign giving only in-
formation about public places owned and oper-
ated by federal, state or local government.
Public sign. An official sign that is required by
law or ordinance or is necessary for public infor-
mation.
Revolving sign. A sign utilizing an axis point to
pivot the sign surface. Revolving signs are specif-
ically prohibited.
Roof sign. A sign erected, constructed and main-
tained above the eaves and attached to the roof of
a building. Roof signs are specifically prohibited.
Semipublic sign. A sign giving information as
to church location, educational institutions or ser-
vice club locations.
Sign. Any object or device or part thereof situ-
ated outdoors or indoors, viewed from. outdoors by
the general public, and which object or device or
the effect produced thereby is used to advertise,
announce, identify, declare, demonstrate, display,
instruct, direct or attract attention by means in-
1829
~ 26.403
WHEAT RIDGE CITY CODE
cluding, but not limited to, words, letters, figures,
designs, fIxtures, colors, motion, illumination,
sound or projecting images.
Sign permit. A building permit issued for the
erection, construction, enlargement, alteration, re-
pair, relocation, improvement, removal, conver-
sion or demolition of any sign issued pursuant to
the building code of the city or this sign code.
Sign structure. Any SUPp<lrts, uprights, braces
or framework of a sign which does not include any
portion of the sign message.
Street frontage. For the purpose of signage,
frontage upon a street is obtained hy ownership,
easement or leasehold only if used for vehicnlar
access to the property, or if not used for vehicnlar
. access, only if such street frontage is at least fifty
(50) feet in width. Where the regulations allow
"one sign per street frontage," the intent is that
the sign allowed is placed up<ln or facingthe street,
unless specifically otherwise permitted.
Surface area of sign. The total area enclosed by
the shortest line that can be drawn around the
entire sign, including any architectural embellish-
ment or background material or color forrniilg an
integral part of the display and used to differen-
tiate the sign from its surroundings. Sign support
structures which do not bear advertising material
shall be excluded in computation of sign area.
Signs without backing (Le., freestanding, pro-
jecting, A.frame or pedestal signs) are allowed the
maximum square footage for each side for double-
faced signs; however, signs having more than two
(2) sides or faces shall not exceed the total face
area allowed fOr a double-faced sign.
Temporary sign. Any sign, banner, pennant, val-
ance or other outdoor advertising sign constructed
of light fabric, cardboard, wallboard, plywood,
sheet metal, paper or other light materials, with
or without a frame, intended or designed to be
displayed for a limited period of time.
Unlawful sign. Any sign or outdoor advertising
device erected in the absence of a permit required
by this article, or in violation of any of the limi-
tations, prohibitions or requirements of this ar-
ticle.
Supp, No. 13
.
Unsafe sign. Any sign or advertising structure
found unsafe or insecure or creating a hazard or
menace to the public safety, health and welfare.
Wall sign. A sign constructed of durable mate-
rials or painted and which is permanently affixed
to an exterior surface of any building, wall or struc-
ture and which does not extend more than fifteen
(15) inches beyond the building wall, except that
signage placed upon marquees, canopies or aw.
nings shall be considered as wall signs.
(Ord. No. 1991-860, ~ 1, 5-2-91; Ord. No. 1994-967,
~ 1, 5-23-94)
Sec. 26-404. Enforcement and penalties.
Enforcement and penalties shall be in accor-
dance with those provisions set forth in section
26-2. In addition to any remedies set forth in sec-
tion 26-500 et seq_, specific authority is granted to
the enforcement officer to remove, or have re-
moved, the following signs after posting of a no-
tice at least twenty-four (24) hours prior to re-
moval upun---thepremises -where such sign(s) is
located:
(1) Signs which are prohibited pursuant to sec-
tion 26-409(2), (3), (5), (8), (10) or (11).
(2) Unlawful "temporary" or "portable" signs
as defined in section 26-403.
fOrd. No. 1991-860, ~ 1, 5-2-91)
.
Sec. 26-405. Contractor's license required.
(a) No person shall engage in the business of
installing, altering or repairing any sign within
the corporate limits of the city unless he is the
holder of a currently valid, city sign contractor's
license, except for those signs exempt from permit.
. (b) A license contractor's fee of fifty dollars
($50.00) shall be paid at the office of planning and
development.
(c) The mayor shall have the power to suspend
or revoke the license of any holder of a sign li-
cense issued pursuant to this article, in accor-
dance with the provisions as set forth in the
building code of the city. (See chapter 5 of this
Code of Laws for related provisions.)
(Ord. No. 1991-860, ~ 1, 5-2-91)
.
1830
.
.
.
.
.
ZONING AND DEVELOPMENT
~ 26-407
Sec. 26-406. Permit required.
(a) No sign or modification to an existing sign
shall be erected, placed or displayed outdoors
within the city limits until a permit for such sign
has been issued by the city, unless such sign is
exempt from a permit in accordance with section
26-407 of this sign code.
(b) An application, accompanied by a scale draw-
ing, for each separate sign permit shall be made
to the department of planning and development
on a form supplied by the department. Such
applications shall set forth the name and address
of the applicant; the location where such sign is to
be erected or located; the name, phone number
and address of the owner of the property; the size,
height, type and general description of such pro-
posed sign, including the materials of which it is
constructed; the sign contractor's name, phone
number and address and such other pertinent
information required or deemed necessary by the
department to determine the sign's safety and
conformance to this article. A plot plan of the lot
or parcel shall accompany the application and
shall show the location of the proposed 'sign and
the location, type and size of other signs which
exist upon the lot. The mere application for a sign
permit does not assure that a permit will be
issued; therefore, it is advised that signs not be
fabricated, constructed or purchased prior to is-
suance of a sign permit.
(c) Fees for the erection of signs shall be estab-
lished by the city council and set forth in this
Code of Laws, chapter 5_ Permit fees and city use
tax will be waived where a nonconforming sign is
removed and replaced by a sign conforming with
these regulations.
(Ord. No. 1991-860, ~ 1, 5-2-91)
Sec. 26-407. Signs exempt fro}ll permit re-
quirement.
The following are exempt from application for
permit; however, they are subject to all other
provisions of this sign code:
(1) Flags, placards, banners, badges, insignias
or similar devices of any governmental
agency or civic, charitable, religious, patri-
otic, political, fraternal or similar nonprofit
organization, when located on their own
Supp, No, 17
premises or displayed along a march of any
parade or in sockets along any street dur-
ing a fund-raising drive or other similar
special event. Any such devices to be placed
within public right-of-way may only be
approved by city council.
(2) A bulletin board erected by any governmen-
tal, fraternal, civic, religious or service or-
ganization or club for the purpose of an-
nouncing its presence and the time and
place of its regular meetings or special
events. (See section 26-410(c).)
(3) Signs required by regulation or statute of
the federal, state or municipal government.
(4) Real estate signs erected for the advertis-
ing of the prospective sale or rental of
property on which it is maintained, when
in conformance to this article. (See section
26-410(n).)
(5) A sign advertising individual rooms for
rent within a rooming and boardinghouse,
if it does not exceed two (2) square feet of
display surface.
(6) A wall sign on a residence building stating
the name and profession or occupation of
the occupant therein when associated with
a permitted home occupation which allows
signage.
(7) One (1) temporary construction sign per
use per street frontage which advertises
the proposed new use of the premises or
any number of signs which are necessary
for safety on the premises or on a tempo-
rary protective fence around a building
being constructed, repaired, altered or de-
molished; provided, that the area of each
sign does not exceed thirty-two (32) square
feet and is no higher than twelve (12) feet.
(See section 26-410(n).)
(8) Temporary signs attached to door or win-
dow areas announcing special sales and
features for a period of two (2) weeks in
advance and during such special sales and
features; provided, that the signs do not
exceed fifty (50) percent of the window
area.
1831
~ 26-407
WHEAT RIDGE CITY CODE
(9) A sign located inside ofa building, even ifit
is visible from outdoors; provided, that such
sign does not obstruct more than fifty (50)
percent ofthe window area and that those
signs which advertise temporary uses such
as rummage sales, garage sales, open houses
are located on private property.
(10) Political campaign signs and temporary
produce sales signs, when in accordance
with this article. (See section 26-410(n).)
(11) House or building address number signs.
(12) Informational signs which are accessory to
the primary use (i.e'7 lIrestrooms,tlllno smok-
ing,1I "wheel chair entrance," etc.), or direc-
tional (i.e., lTin," l1out," "ramp,"l1drive-thru,"
etc.) are exempt from a sign permit subject
to the following standards:
a. Size shall not exceed four (4) square
feet per side;
b. May be wall-mounted, freestanding or
attached to other freestanding signs or
canopies, but shall not be counted
against the allowable size of another
type of permitted sign;
c. May be illuminated by internal light-
ing only, if freestanding type; and
d. If freestanding, shall not exceed forty-
two (42) inches in height if within a
required site distance triangle, or forty-
eight (48) inches where outside of a
sight distance triangle.
(13) Temporary signs as permitted under sec-
tion 26-41O(n).
(14) Signs located on a bus stop shelter for
which a permit has been issued pursuant
to section 21-151. Such signs shall be lim-
ited to two (2) faces per shelter for commer-
cial advertising purposes with a maximum
of twenty-four (24) square feet per face.
(Ord. No. 1991-860, ~ 1, 5-2-91; Ord. No. 1996-
1016, ~ 4, 2-12-96)
Sec. 26-408. General provisions.
(a) Nonconforming signs. The lawful use of a
sign existing at the effective date of the ordinance
from which this article is derived may be contin-
Supp. No. 17
ued, although such use does not conform to the
provisions of this article, subject to the following
provisions:
(1) Rebuilding, enlargement, relocation, exten-
sion, replacement or reconstruction of a
nonconforming sign is not permitted unless
such sign is brought into conformance with
this article.
(2) In the event the use of a nonconforming
sign is discontinued for a period of sixty
(60) consecutive days, the nonconforming
sign shall thereafter conform to the provi-
sions of the zoning district in which it is
located or be removed. For the purpose of
this section, the term "discontinued" shall
apply to uses which customarily operate on
a continuous basis versus a seasonal basis.
Seasonal uses shall be subject to a twelve-
month period of nonuse prior to requiring
full compliance with these regulations.
(3) A nonconforming sign that is destroyed or
damaged more than fifty (50) percent of its
net worth due to natural causes may not be
reconstructed except in accordance with
the provisions of this article; however, any
sign destroyed or damaged to any extent by
vandalism may be rebuilt to its original
state within six (6) months or in conform-
ance with this article,
(4) Normal maintenance such as painting and
message replacement within sixty (60) days
of prior use which does not require modifi-
cation of the sign structure, supports or
members shall be permitted.
(5) In order to provide an incentive for removal
of nonconforming signs, permit fees and
city use tax will be waived were a noncon-
forming sign is removed and replaced by a
sign conforming with these regulations.
(b) Discontinued business, etc. Whenever a use
of land and/or building using an identification
sign is discontinued, except for seasonal uses
pursuant to subsection (a)(2) above, the sign shall
be removed or obscured by the person owning the
property within thirty (30) days after the discon-
tinuance of such use. Any such sign which is
nonconforming to these regulations and which is
1832
.
.
.
.
.
.
.
.
.
.
ZONING AND DEVELOPMENT
~ 26-408
not used to advertise an active business within
sixty (60) days of discontinuance shall be removed
or otherwise brought into compliance.
(C) Removal or reconstruction of dangerous signs.
All signs which are prohibited by section 26-409
below, relating to obstruction to view at street
intersections, and all illuminated signs that are
erected in such a location that a traffic signal
light is in a direct line between the sign and
oncoming traffic, and all signs that employ a
lighting or control mechanism which causes ra-
dio, radar or television interference, and any sign
so erected, constructed or maintained as to ob-
struct or be attached to any fire escape, window,
door or opening
Supp. No. 17
1832.1 .
I
i.
.
.
ZONING AND DEVELOPMENT
~ 26-409
used as a means of egress or ingress or for fIre-
fIghting purposes or so placed as to interfere with
any opening required for light or ventilation, and
any other signs tha.t are unsafe or dilapidated shall
conform to the provisions of this article either by
removal or reconstruction, whichever applies,
within sixty (60) days after the owner of such sign
is notified of the violation.
(d) Location of certain signs. All signs, except
billboards, off-premises signs, public signs, semi-
public signs and public information signs, allowed
by this article shall be located on the lot for which
they advertise.
(e) Attachment to public structures. Attachment
of any sign to utility poles or other poles or struc-
tures within public right-of-way is prohibited, ex-
cept as approved by city council pursuant to sub-
section 26-407(1).
(I) Conformance to building code. The design of
all sign structure members and foundation shall
conform to the requirements of the building code
rela.tive to allowable stresses, materials and en-
gineering standards. Loads, both vertical and hor-
izolltal, shall not produce stresses exceeding thQse
specified in the building code, and material con-
struction shall be of the quality and grade re-
quired by the building code. All signs and struc-
tures shall be designed and constructed to meet
the Uniform Building and Electrical Code require-
ments.
(Ord. No. 1991-860, !} 1, 5-2-91)
Sec. 26.409. Prohibited signs.
The following signs are prohibited:
(1) Any sign which would violate the sight dis-
tance triangle requirements of section 26-
30m(2).
(2) Any sign which, even though in general
conformance with the standards and re-
quirements of this sign code, is judged by
the chief of police and public works director
as a dangerous sign due to interference with
a traffIc control device by being in direct
line between the control device and on-
coming traffic or otherwise in visual com-
petition with a traffic control device.
Supp. No.7
(3) Any sign that is erected in such a location
as to interfere with motor vehicle traffic.
(4) Any sign employing a lighting or control
mechanism which causes radio, radar or
television interference.
(5) Any sign so erected, constructed or main-
tained as to obstruct or be attached to any
fIre escape, window, door or opening used
as a means of egress or ingress or for fIre-
fighting purposes, or any sign so placed as
to interfere with any opening required for
light or ventilation.
(6) Flashing signs and searchlights.
(7) Animated signs, including revolving,
whirling, twirling or any other sign which
uses motion, either implied or actual, ex-
cept that barber poles not exceeding five (5)
feet in length and not roof-mounted and
time and temperature signs are permitted.
(8) Structurally unsafe signs as determined by
the chief building official, based upon cri-
teria established in the adopted Uniform
Building Code and/or Uniform Code for the
Abatement of Dangerous Buildings.
(9) Roof signs.
(10) Wheeled advertising devices, except for cur-
rently licensed, operative vehicles which are
primarily used by its owner for service, de-
livery or general transportation on a reg-
ular basis.
(11) Any merchandise displaced outside of a
building in such a way as to attract atten-
tion when viewed by the general public by
placement upon a pole, a fence, a platform,
roof or other similar device or structure
shall be considered as a sign and is hereby
prohibited_ This shall not, however, be con-
strued to prohibit merchandise customarily
stored outside of buildings and placed upon
shelves or tables, such as automobiles,
campers, boats, plant materials, produce or
lumber.
(Ord. No. 1991-860, !} 1, 5-2-91)
1833
~ 26-410
WHEAT JUDGE CITY CODE
Sec. 26-410. Permitted signs; specifications
and regulations.
(a) Animated. Size of sign is based upon the
sign type (Le., freestanding, wall or projecting).
See subsections (e), (i) or (0) below.
(b) Arcade:
(1) Nonresidential uses and Class II home oc-
cupations only.
(2) Maximum height, bottom of eave, balcony,
canopy, awning or other structural over-
hang or passageway tp which it is attached.
(3) Minimum height, seven (7) feet above grade.
(4) Maximum one (1) per building entrance for
nonresidential uses; only one (1) per each
residence for Class II home occupations.
(5) Maximum area, four (4) square feet for non-
residential uses, two (2) square feet for Class
II home occupations.
(c) Bulletin boards:
(1) Nonresidential, nonagriculturai and
multiple-family uses only, as specified under
section 26-407(2).
(2) Maximum area, thirty-two (32) square feet.
(3) Maximum height, eight (8) feet.
(4) Maximum one (1) per street frontage.
(5) Must be set back a minimum often (10) feet
from any property line.
(d) Freestanding-Residential districts:'
(1) Permitted only for nonresidential, nonagri-
cultural and multiple family uses:
(2). Maximum sign area is two (2) square feet
for ,each one thousand (1,000) square feet of
lot area, with a maximum of thirty-two (32)
square feet per sign.
(3) MaximUm of one (1) per street frontage.
(4) Maximum height in R-1~ R-1A, R-1B, R-1C,
R-2, R-2A ";lld A-I, districts, six (6) feet.
(5) Maximum height in R-3, R-3A, and PRD
districts, without commercial uses, twelve
(12) feet.
Supp. No.7
(6) Maximum height in PRD District, with
commercial uses and for commercial uses
only, twenty-five (25) feet.
(7) Must be set back a minimum often (10) feet
from any property line.
(8) , May be illuminated.
(e) Freestanding-Nonresidential districts:
(1) Maximum height: Twenty-five (25) feet; pro-
vided, that signs for retail and service busi.
nesses within one-quarter mile of an inter-
state highway, that are oriented to the
interstate highway, are permitted one (1)
freestanding sign up to fifty (50) feet high.
Any other permitted freestanding sign shall
not exceed twenty-five (25) feet in height.
(2) Maximum number of signs per develop-
ment: One (1) per street frontage, not to
exceed two (2) per development, except as
may be permitted by a master sign plan
pursuant to section 26-411.
Where two (2) freestanding signs are per-
mitted by virtue of multiple street frontage,
the sign area allowed may be transferred
from one (1) sign to another; provided, that
such transfer does not allow the larger sign
to exceed one hundred fifty (150) percent of
the maximum area allowed based upon
building area. Additionally, the sign area
allowed for the smaller sign shall be re-
duced two (2) square feet for each one (1)
square foot transferred (e.g., two (2) signs
are allowed on a corner lot up to one hun-
.dred (100) square feet each. One sign could
be increased to one hundred fifty (150)
square feet; however, the other sign's area
was transferred 2 for 1, therefore, the other
sign would not be allowed_)
(3) Sign setback requirements:
a. From adjacent properties-Ten (10) feet
where adjacent to residential-zoned
properties; no setback where adjacent
,to nonresiden,tial-zoned properties.
Where a sign exists on an adjacent
property and that sign is within twenty
(20) feet of the proposed location of a
riew sign on the adjacent property, an
.
.
.
1834
.
e
.
ZONING AND DEVELOPMENT
~ 26-410
offset, either vertical or horizontal,
shall be required such that the existing
sign is not visually blocked by the new
sign.
b_ From street right-<lf-way-Five (5) feet
for signs under seven (7) feet high, ten
(10) feet for signs seven (7) to twenty-
five (25) feet high, and thirty (30) feet
for signs over twenty-five (25) feet high.
(See section 26-30m.)
(4) Landscaping requirement: For new devel-
opment or total redevelopment, all" free-
standing signs shall be placed within land-
scaped areas.
(5) Maximum sign area: Based upon the following table.
Floor area of Building
0-1,500 s_f.
1,500-5,000 s.f.
MAXIMUM SIGN AREA"
(Square Feet = s.f')
Single Use Development
35 s.f_
35 s.f. plus 1 s.f. per each addi-
tional 50 s.f. of floor area over
1,501.
Multiple Use Development
60 s.f.
60 s.f. plus 1 s.f. per each addi-
tional 40 s.f. of floor area over
1,501.
5,000-50,000 s.f.
100 s.f_ plus 1 s.f. per each ad- 150 s.f. plus 1 s.f. per each 300
ditional 500 s.f. of floor area s.f. of floor area over 5,001.
over 5,001.
Over 50,000 s.f.
190 s.f. plus 1 s.f. per each ad-
ditional1,OOO s.f. of floor area
over 50,001 up to a maximum
size of 300 s.f.
300 s.f. plus 1 s.f. per each ad-
ditional 1,000 s.f. of floor area
over 50,001 up to a maximum
size of 400 s.f.
*Freestanding signs for retail or service business located within one-quarter mile of interstate
highways, that are oriented to the interstate highway, will be allowed a fifty (50) percent increase
in area for one (1) freestanding sign per development. All other permitted freestanding signs shall
meet the standard area requirements.
(I) Illuminated:
(1) Within one hundred (100) feet of a residen-
tial structure, indirect or intemallighting
only.
(2) Over one hundred (100) feet from a residen-
tial structure, any type of lighting source is
allowed, except search or flashing lights,
provided that it shall be shaded, shielded
or directed so that the light shall not ad-
versely affect surrounding premises or safe
vision on public or private roadways, in-
cluding highways.
(g) Off-premises sign:
(1) Permitted only on commercial or industrial
zoned property;
(2) Freestanding type of sign only;
(3) Maximum size: Fifty (50) square feet;
(4) Maximum height: Twenty-five (25) feet;
(5) An off-premises sign counts toward the al-
lowed number of freestanding signs for the
property where the sign is located; and
(6) Maximum number of off-premises signs for
anyone activity equals two (2).
Supp. No. 13
1835
~ 26410
WHEAT RIDGE CITY CODE
(h) Portable:
(1) "A"-frame or pedestal style only.
(2) Maximum area: Six (6) square feet.
(3) One (1) per street frontage, but no more
than two (2) per development.
(4) Must be set back a minimum often (10) feet
from any street right-of-way line if over
forty-two (42) inches or two (2) feet ifunder
forty-two (42) inches high_
(5) Must be anchored to the ground or weighted
sufficiently w prevent movement by force
of wind.
(i) Projecting:
(1) Maximum height: Top of wall or' parapet;
not to be roof-mounted.
(2) Maximum projection: Ten (10) feet and, in
any event, not within ten (10) feet of the
property line or street right-of-way.
(3) Maximum size: One (1) square foot for each
one (1) foot of height of the building wall to
which the sign is to be attached.
(4) Projecting and wall sign not permissible on
same wall.
(5) Maximum number: One (1) per street
frontage.
Gl Public: Direction and other official signs or
notices within the right-of-way that are required
or authorized by law only.
(k) Public information: With the approval of the
director of planning and development.
(1) Residential subdivision signs:
(1) Permanent identification signs:
a. One (1) for each street frontage;
b. Not to exceed twenty (20) square feet
in area or six (6) feet in height;
c. Freestanding-type signs must be set
back onto the property a minimum of
ten (10) feet, unless incorporated into a
traffic island entrance, then twenty-
five (25) feet back from face of street
curb and three (3) feet from edge of
traffic island.
Supp. No. 13
.
d. Fence or wall-incorporated-type signs
may be placed parallel with and at
property line following the same height
and sight distance requirements as for
a wall or fence.
(2) Temporary model home signs:
a. One (1) per model home;
b. Not to exceed twelve (12) square feet
each and not over six (6) feet in height
if a freestanding type; and
c. Must be set back from property lines a
minimum of ten (10) feet.
(m) Semipublic:
(1) Maximum area: Six (6) square feet per sign.
(2) Maximum number: Two (2) per activity.
(3) May be located off-premises with approval
of the property owner.
(4) May be located within public right-of-way
if approved by either the city public works
director, if a city street, and by an appro.
priate State of Colorado official, if a state
highway; provided, however, that such pro-
p<lsed sign will not pose a potential hazard
to motorists or pedestrians and that such
signs will not block the view of any official
public signs.
(n) Temporary:
(1) Temporary signs are prohibited upon public
rights-of-way and must comply with sight
distance triangle requirements of section
26-30(1)(2). Where it is difficult to deter-
mine the public right-of-way boundary due
to lack of curb, gutter and/or sidewalk, or
survey markers, such boundaries shall be
presumed to be ten (10) feet from the edge
of pavement or back of curb. Where a side-
walk exists, such boundaries shall be pre.
sumed to be two (2) feet from outside edge
of sidewalk. Temporary signs found by an
enforcement officer to be located within city
right.of-way or in violation of sight triangle
requirements shall be removed by such en.
forcement officer with no requirement of
notice.
(2) Construction signs shall not exceed
thirty-two (32) square feet and twelve (12)
.
.
1836
ZONING AND DEVELOPMENT
~ 26.410
.
feet in height. One per street frontage al-
lowed between time a building permit is
issued and a certificate of occupancY is ob.
tained.
(3) Political signs may be located on private
property only by permission of the land-
owner and iflocated in commercial and in-
dustrial districts are not to exceed sixteen
(16) square feet; or if located in any other
zone district, shall not exceed eight (8)
square feet.
(4) For sale or lease signs shall not be illumi-
nated and shall be no larger than nine (9)
square feet for one. and two-family dwelling
residential uses and no larger than f1fty (50)
square feet for all other uses. One per street
frontage allowed.
(5) Banners are permitted for any nonresiden-
tially zoned or used property to advertise
special events or sales subject to the fol-
lowing provisions:
a. May be placed upon a building wall or
roof or a fence but shall not be attached
to landscaping, freestanding posts or
utility poles.
b. The total size allowed for any single
banner or total combination of mul-
tiple banners shall be determined using
the same criteria that applies to wall
signs. If the banner is to be afflXed to a
fence, size shall be the same as if it was
attached to the nearest adjacent
building wall having street frontage.
c. Any banner that becomes discolored,
ragged, shredded, detached, etc., shall
be removed or repaired_
(6) Pennants, streamers and similar devices,
and balloons or other inflatable devices,
shall be permitted upon nonresidentially
zoned or used properties only, subject to the
following provisions:
a. Anyone or a concUrrent or successive
combination of pennants, streamers or
balloons or other inflatable devices
shall be permitted to advertise special
events or sales one time per year for up
.
.
Supp. No. 14
to thirty (30) days or two (2) times per
year for up to f1fteen (15) days each
time.
b. Such devices shall be securely anchored
or attached so as to prevent disloca.
tion, entanglement or encroachment
onto adjacent properties or public
streets, or undue hazard to motorists
or pedestrians.
c. Roof mounting is permitted.
d. Notwithstanding the provisions of sub-
section 26-407(13), signs regulated pur-
suant to this subsection 26-410(n)(6}
shall be required to obtain a tempo-
rary sign permit. '
(7) It is not the intent of these regulations to
prohibit or unreasonably regulate or to re-
quire permits for the legitimate display of
traditional winter holiday season decora-
tions; provided, however, that such display
occurs between November 15 (year-end) and
January 15 (new-year), and provided that
such decorations or display is installed and
maintained in a safe manner.
(0) Wall or painted:
(1) Maximum area to be no larger than two (2)
square feet for every linear foot of the side
of the building to which it is affixed. Signs
affIxed to attached or detached canopies and
marquees or awnings shall be considered
wall signs and shall be calculated based
upon the length of the wall to which they
are attached or adjacent to.
(2) Each ground floor tenant or use shall have
the right of wall signage upon any wall
which fronts upon a public street, or if not
fronting upon a public street, upon any wall
which fronts upon a major interior drive
having direct access to a public street. For
uses which have a rear entry or delivery
door, one (1) nonilluminated wall sign per
use, not to exceed ten (10) square feet, is
permitted.
(3) For buildings with flat roofs, wall signs
shall not extend above the top of parapet or
mansard, and if placed upon a parapet or
mansard, shall not extend more than three
(3) feet above the deck line.
1837
~ 26-410
WHEAT. RIDGE CITY CODE
(4) May nof extend more than fifteen (15)
inches b~yond the surface of the wall and
may not extend beyond the side of the wall.
(5) Comm~rcial, industrial, multiple-family,
public and semipublic uses only.
(Ord. No. 1991-860, l} 1, 5-2-91; Ord. No. 1994-960,
l} 1, 4-11-94; Ord. No. 1994-967, l} 2, 5-23-94)
Sec. 26.411. Master sign plan.
(a) The planning commission may approve a
master sign plan for planned developments of any
size and for any existing or proposed business
center or office complex of at least two (2) acres or
more in size which are under unified control ei-
ther by ownership, legal association or leasehold.
(b) The intent and purpose is to encourage well-
planned and designed signage within a large mul-
tiple building or multiple use complex which ex-
presses unification and integration by elements of
architectural style, size, color, placement and
lighting while at the same time allowing for rea-
sonable individual business identification. An ad-
ditional purpose is to encourage the elimination
of existing nonconforming signs. The planning
commission may grant as a bonus for well-designed
plans up to a one hundred (100) percent increase
in the number of signs and/or fifty (50) percent
increase in maximum square footage, and/or may
permit signs in locations other than normally per-
mitted, based upon a finding that the proposed
master sign plan substantially meets the intent
and purpose ofthis subsection relating to unifica-
tion and integration of signage.
(c) Once approved at a public hearing by plan-
ning commission, all master sign plans shall be
recorded with the Jefferson County recorder's of-
fice and shall constitute a covenant and muSt be
complied with by all owners, proprietors, lessees
or assigns, whether current or future. No substan-
tial variation from the plan shall be permitted
without planning commission approval. Approval
procedures under this provision shall be subject to
those requirements for a conditional use, as set
forth in this Zoning Ordinance, section 26-6(A).
(Ord. No. 1991-860, l} 1, 5-2-91)
Supp. No. 14
.
See. 26-412. BillQoards; specifications and
regulations. .. -
(a) General provisions:
(1) For the purpose of this subsection, the city
is divided into two (2) billboard districts,
B-1, and B-2, as shown on the official bill-
board zoning map of the city and incorpo;
rated herein as figure 26.IV-1.
.
.
1838
ZONING AND DEVELOPMENT
* 26-412
.
08-1
~8-2.
OFFICIAL BILLBOARD ZONING MAP
CITY OF WHEAT RIDGE
.
_I
Fil:jure 26.IV-1
. Supp. No. 14
1838.1
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~
...
~) Bill"'''' .".."" ""ow" i. ,h' a" .. P''' id'" hj ,hi. ""i~' p''' id", ,h ,I .., hill"''''' P'''I'''''' .. '" ,,,,,,,...
. ,cl"'" ,'" ~ ,,,,.iIl .il hi. ,i, ..."'.. .~" ~"') ,'" '" ", righl '" ~" "" '" "" "," ~ -., hi."'" ;, ....ri"""',
'PI"" '" hj ", "'" i. ..ili.. ", ",i "", ..il'" .",,~,I i. ",', .. .i"h" ,. Ih' ''I''''''' ~I of "".i.. ..'
developll1ent.
~) S,lh'"" ,boll h, " ....i.'" ,,, , ,.i,"p'1 ,I~d'" in ", _in. ...."id .h 0<' ,,,,,,,...
(4) Roof billboards are not allowed.
~) AlI'~ hillh~""'"'' '" of ,h, "'~,,' "" "I'" p'..ibii'" '" ,ml "",,,ti~, .. ",liO,' '" · ,_.i~,1 ~~"".
~) ""i"i.. hillh~"" ~, .. '" .,i...i... i. . .~i ", ",,,"",,,,"", "",id", ",I "" ".".. hin_' .., '" _ill "
,,,i"oI ,,,,,I i. """,,,,,,, ,. ih~' "..I"i~" ", ,...idol, ",i .,~, i. '" ",ini~ ,>flh' h.ndl.. i.'''''''' ".
..'" "''' ~i,"" hiilh~'" i. """ri~"'I., ,h. hilO..,' ..mo< ,h",lo\th" ",.~, ", hil"""" .ilhi."id' (10)"'"
of . ",i O""~ " ,,,11 .." i,h , ",I""" {."'" , 0.,,,,,,,""1"" ,_.i~" ~~.," .ilh , .,..,""''''''' i. d.il,
.,~,.."I " ""h" i~1 ",,~.,,"" ",,,,i.. .. it< ..[",. .
Q>) B-1 district:
tI) .."i"'. ..mho< ., ,,,,,,,,,~ "",I. """.", ~') th""",h" of .~""~ ~i,ri.. .. of Apri'" me
tI) "', "" I, ,,,,,,ri~' .1IOW" ..,11 h, th~, ~," I"""i~' '" ~ '"'" hillh"""" ~ ,,,,,,... "", APril " 19'16.
~) .."i.'. cl" ", h.igh' '" ~,h billh""" ",..I. i" ",0 "" " ~.. hil1b~" ,,," A"U 1, 19'16. · i, ". I.,~' "Ihi.
...",,,,i~ lb ,I ~;,ti., hm"''''' . hi" ",,,,,,,01 tho. .~ful tifu " "i"""" '" lbO' "I'pi""~' · .,,.. '" ~"'101
",,"'i~ " ""'''~.;~ nill ~"". "i.i, .~o< .. h' ",,,,,,, i. lb' B-1 Di....' ",,-, .",...1 .,i.i~"'~..... "
""i,ti., .ill h. ,ll"" 01, h" ,,,,'''''' '" t '" ,"'0" d ,,"""" will.. b, .1""''' "' ''''' III' "... th" tho .1"""'"
d,"'" w" ",..'" by ... "ti..., wi.'""'''' i. ",." '" .i,~ (60)""" ,0< ,,,,,, '" h ""'"....01 ""do>" ",,,id' lb.
control of the billboard owner.
(') Ali bill'~'" wllhi. ", B-1 ""n" .h,lI "",,, " "i.i by J ~,,~ 1. 199'. M' hilll"'" ,...,i.i., ,ft'" ..", '''' Il
..hi" .. ,,,,,,,.1 by ""i" ~..." ","," .. ..", "..~,I """ ,,,,,,,,,,01 .. "",~.. '" ,,,,.
(c) 11-2 district:
~) ...,Im'''' .mW d""" I. ,Il' ". (16~ "",idol, ,'" """i.. bi\lh~i" ,,,,,,,,,, nllhi. th. B-1.''''" ",., '" to""'''
to the B-2 district regardless of the ll1axill1um nUll1ber.
~) "",..m .i'" "'."', ,,,, ~ h.."o1 'OJ Q5O) ",,,,, ["I.
~) '"',,"" .hdi '" " ,,,,.Iwl '" , ""ct,,1 .t~"" i. th. ""i., "",ria · ,,,. 1m"'"
(4) MaldmUIl1 height shan be thirty-two 02) feet.
~) LoO,th ,hdi .. """,, th''''' "d ""","f ~*) ti,,~ th' hoghl.
~) N"OW hi'-'" m" h. I..,.. ,,"'" lb" .i' "',"'.. (6l\ll) f'" t"" ohm hillhOOW 00" I. lb' "'..' <Ill";" "" th'
sall1e roadway as defined by roadway nall1e or number.
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(I) Nonconforming billboards are subject to the provisions of section 26408(a) hereof.
(Ord. No. 1991-860, !iI, 5-2-91)
~
..
Sees. 26413-26499. Reserved.
ARTICLE V. VIOLATIONS AND PENALTIES
Sec. 26-500. Violations.
Any person, firm or corporation, partnership, or other entity of whatever description violating any regnlation or provision of any
of the sections of Chapter 26 of this Code of Laws shall be guilty of a violation of said Chapter 26, and shall be subject to the
enforcement provisions hereof.
(Ord. No. 1990-823, II 3, 2-26-90; Ord. No. 1990-827, lil, 4-9-90)
Sec. 26-501. Civil cnforcement.
Whenever an alleged violation of any of the provisions of Chapter 26, including any of the provisions of articles I, II, III or IV
thereof, has not been voluntarily abated within the time specified
...
00
'"
00
'"
~
sa
Cl
~
tl
I
...
'"
'"
V.
n
.
.
.
.
.
ZONING AND DEVELOPMENT
~ 26-50 I
in the notice issued pursuant to section 2-34 of
this Code of Laws:
(1) The city may bring a civil action in the
municipal court to have the violation de-
clared as such by the court and to have
the court enjoin the violation or to autho-
rize its restraint, removal, termination or
abatement by the owner, agent, occupant
or person who caused the violation or the
person who allowed the violation to con-
tinue, or by the mayor, the director of
planning and development, or the chief of
police or their designated representa-
tives.
(2) The civil action to declare and abate a
violation of the chapter shall be brought
in the name of the City of Wheat Ridge by
filing a complaint, which shall be verified
or supported by an affidavit. Summons
and subpoena shall be issued and served
as in civil cases. Any employee or agent of
the City of Wheat Ridge who is over the
age of eighteen (18) may serve a summons
and verified complaint upon the owner,
agent, occupant or the person who caused
or allowed the violation (hereinafter "re-
spondent") or a subpoena upon any wit-
ness to the violation. Trial shall be to the
court.
(3) A notice of appearance shall be served
with the summons and complaint. The
appearance date shall be not less than
twenty-one (21) days from the date of
service of the summons and complaint.
The respondent shall file a response or
answer on or before the appearance date
specified in the notice of appearance. The
trial shall be held upon the appearance
date, unless the court grants a continu-
ance for good cause shown. No case shall
be continued for more than sixty (60) days
after the appearance date.
(4) Upon the date and time specified for ap-
pearance and trial, if the respondent has
filed no response and fails to appear, and
if the city proves that proper service was
made on respondent at least twenty-one
(21) days prior to the appearance date,
Supp, No, 20
the court may grant such orders as are
requested by the city; except that, the
court shall order the enforcement by the
city be stayed for ten (10) days and that a
copy of the court's order be mailed to the
respondent at his last known address.
Failure to appear on any date set for
hearing and trial shall be grounds for
entering a default and default judgment
against the nonappearing party. Prior to
enforcement, and upon good cause shown,
the court may set aside an entry of default
and the default judgment entered thereon.
(5) Any disobedience to or interference with
any injunction or order issued by the
municipal court in an action to abate a
violation of this chapter of the Wheat
Ridge Code of Laws may be punished as a
contempt of court or by a fine not to
exceed nine hundred ninety-nine dollars
($999.00). Each day's failure to comply
with an injunction or order to abate shall
constitute a separate act of contempt for
which an additional penalty' may be im-
posed.
(6) In order to facilitate just, speedy, informal
and inexpensive determinations of claims
,
the court shall follow the Rules of County
Court Civil Procedure, as presently adopted
and as hereinafter amended from time to
time, excepting Rules 302, 313, 338, 339,
347, 348, 350, 351, 351.1, 359(c)(2), 365,
383, 398, 402, 403, 404, and 406 thereof,
and shall further utilize and follow the
provisions of Rule 65 of the Colorado
Rules of Civil Procedure in all cases
wherein civil enforcement of the provi-
sions of this chapter is sought. In the
event of any discrepancy between any of
the provisions of this chapter and those
applicable Rules of County Court Civil
Procedure or Rule 65 of the Colorado
Rules of Civil Procedure adopted hereby,
the provisions of this chapter shall prevail
and be applied.
The right is expressly reserved and dele-
gated to the presiding judge ofthe Wheat
Ridge Municipal Court to adopt rules of
1839
~ 26-601
WHEAT RIDGE CITY CODE
procedure for the Wheat Ridge Municipal
Court, which rules shall be applicable in
any civil enforcement action brought by
the city; provided, however, that said rules
of procedure adopted and promulgated by
the presiding judge of this court shall not
conflict with or contradict the authority of
the city to pursue civil endorsement for
violations of the provisions of this chap-
ter.
(7) In any case in which the city prevails in a
civil action initiated pursuant to subsec-
tion (1), the city may recover its reason-
able costs of abating the violation, includ-
ing reasonable costs of litigation, plus
fifteen (15) percent in administrative costs;
plus costs may be assessed against the
subject property pursuant to C.R.S. ~~
16-13-313 and 16-13-314. The remedies
specified in this subsection shall be in
addition to all other remedies provided by
law.
(Ord. No. 1990-823, ~ 3, 2-26-90; Ord. No. 1990-
827, ~ 1, 4-9-90)
Sec. 26-502. Criminal actions and penalty.
When an alleged violation of any of the provi.
sions of this chapter, including any of the provi-
sions of articles I, II, III or IV hereof, has not been
voluntarily abated within the time specified in
the notice issued pursuant to section 2.34 of this
Code of Laws:
(1). The city may bring a criminal action in
the municipal court to have the violation
declared as such by the court and to have
the court impose sentence pursuant to
section 26-502(3) hereof upon the owner,
agent, occupant or person who caused the
violation or the person who allowed the
violation to continue.
(2) The criminal action to declare a violation
of this chapter shall be brought in the
name of the People of the State of Colo-
rado by serving a copy of the summons
and complaint upon the alleged violator
(hereinafter "defendant") and filing the
original with the court. Summons and
complaint and subpoena shall be served
Supp. No. 20
as in criminal actions. Any employee or
agent of the City of Wheat Ridge who is
over the age of eighteen (18) may serve a
summons and complaint upon the defen-
dant or a subpoena upon any witness to
the violation. Such criminal action shall
be prosecuted pursuant to the Colorado
Municipal Court Rules.
(3) Any person violating any of the provisions
of this chapter shall be guilty of a misde-
meanor and, upon conviction of such vio-
lation, shall be subject to a fine not to
exceed nine hundred ninety-nine dollars
($999.00) or imprisonment not to exceed
one hundred eighty (180) days, or both
such fine and imprisonment; provided,
however, that no person under the age of
eighteen (18) years shall be subject to
imprisonment for a violation of this chap-
ter.
(Ord. No. 1990-823, ~ 3, 2-26-90; Ord. No. 1990-
827, ~ 1, 4-9-90)
Sec. 26.503. Other remedies.
The remedies set forth herein in this article are
cumulative. In the event any building, structure
or utility is erected, constructed, reconstructed,
altered, repaired, converted, demolished, moved
or maintained, or any building structure or utility'
is used, in violation ofthis chapter, the city or any
proper city official may institute any other appro-
priate action or proceedings to prevent such un-
lawful erection, construction, reconstruction, al-
teration, repair, conversion, maintenance or
occupancy to restrain, correct or abate such vio-
lation or to prevent the occupancy of such build-
ing, structure or land. The initiation of any action
or the imposition of any penalty hereunder shall
not preclude the city or any proper person from
instituting any other appropriate action or pro-
ceeding to require compliance with the provisions
of this chapter and with administrative orders
and determinations made hereunder.
(Ord. No. 1990-823, ~ 3, 2-26-90; Ord. No. 1990-
827, ~ 1, 4-9-90)
Sees. 26-504-26.599. Reserved.
1840
.
.
.
.
.
ZONING AND DEVELOPMENT
!l 26-602
. ARTICLE VI. mSTORIC PRESERVATION
. Sec. 26-600. Intent and purpose.
(1) The purpose of this article is to establish
and preserve historic landmarks for the educa-
tional, cultural and economic benefit of Wheat
Ridge citizens by:
(a) Preserving, protecting, erihancing, and reg-
ulating the use of buildings and struc-
tures that are reminders of past eras,
events and person(s) important in local,
state or national history, which are land-
marks in the history of architecture, which
provide examples ofthe physical surround-
ings in which past generations lived or
which are archaeologically significant; and
(b) Ensuring that the historic character is
preserved in development and mainte-
nance of such buildings and structures;
(c) Stimulating educational, cultural and spir-
. itual dimensions by fostering the knowl-
edge of Wheat Ridge's heritage and culti-
vating civic pride in the accomplishments
of the past; and
(d) Cooperating with state and federal histor-
ical preservation efforts.
(2) It is not the intention of this article to
preserve every old building or structure in the
city, but rather to provide a process to evaluate
and protect only those buildings and structures
deemed to have historical significance.
(Ord. No. 1997-1102, ~ 1, 12-22-97)
Sec. 26-601. Supplement to zoning provi-
sions; other code sections unaf-
fected.
(1) The requirements of this article are in
addition to all other zoning provisions contained
. in this chapter 26 and are not to be construed so
as to waive any other existing and applicable
zoning regulation, unless specifically excepted by
city council pursuant to section 26-606, and shall
. apply to all zone districts in place at time of
adoption of this ordinance or hereafter.
supp, No, 20 1841
(2) Where a conflict exists between the provi-
sions in this article VI and other provisions of this
Code, the provisions set forth in this article VI
shall not affect the provisions set forth elsewhere
in this Code.
(Ord. No. 1997-1102, ~ 1, 12-22-97)
Sec. 26-602. Definitions.
(1) For the purposes of this article, the follow-
ing words and terms are defined as set forth
herein:
Community significance variance. A variance
from height, setback, square footage or any other
code provisions determined by city council as
necessary to preserve the historic character and/or
significance of an affected historic landmark.
Development application. Any permit, site plan,
rezoning, variance application or administrative
relief that would change the character or appear-
ance of property and/or improvements thereon.
Exterior architectural feature. The architec-
tural style, design, general arrangement and com-
ponents of all of the outer surfaces of an improve-
ment as distinguished from the interior surfaces
enclosed by said exterior surfaces, including, but
not limited to, the kind, color and texture of the
building material and the type and style of all
windows, doors, lights, signs and other fixtures
appurtenant to such improvement.
Historic preservation. The protection, rehabili-
tation, restoration, renovation and construction of
buildings, structures and objects significant in
Wheat Ridge history, architecture, archaeology,
engineering or culture.
Historic landmark. Any structure or improve-
ment designated as historic under the provisions
of this article.
Inventory. A listing of buildings and structures
within the city which reflect an earlier time or
which contribute to the overall historic character
or heritage of the city, including a list of historic
landmarks designated pursuant to this article.
Landmark alteration permit. Any permit is-
sued by the city pertaining to construction, alter-
~ 26-602
WHEAT RIDGE CITY CODE
ation, removal or demolition of a building or
feature within a designated historic landmark or
landmark site.
Major change. Alteration to an historic land-
mark which may fail to preserve, enhance or
restore the exterior architectural features of the
landmark by affecting the special character or
special historical, architectural or archaeological
nature of the historic landmark which gave rise to
the historic designation.
Minor change. Alteration to a hisroric land-
mark which preserves, enhances or restores the
exterior architectural features of the landmark or
site. A minor change does not adversely affect the
special character or special historical, architec-
tural or archaeological nature of the historic land-
mark or site.
Owner. Any person, persons or entities having
such right to, title to or interest in any parcel of
land or improvement so as to be legally entitled,
upon obtaining the required permits and approv-
als from the city agencies having jurisdiction over
bnilding construction, to perform, with respect to
such property, construction, alteration, removal,
demolition or other work as to which such person
seeks the authorization or approval ofthe preser-
vation specialist or the city council.
Preservation specialist. The person under the
supervision of the city manager who prepares
presentations for city council meetings at which
historic designation applications are considered
and serves as the initial recipient of historic
landmark designation and development applica-
tions.
Reasonable return. The capacity, under reason-
ably efficient and prudent management, of earn-
ing a reasonable return on an investment.
Restoration. Putting a building or structure
back into the form it held at a particular date in
time as nearly as possible, the accomplishment of
which often requires the removal of work which is
not "of the period."
Structure. Any building, improvement, shelter
or any other construction bnilt for the shelter or
enclosure of persons, animals or chattels or any
Supp, No. 20
part of such structure when subdivided by divi-
sion walls or party walls extended to or above the
roof or without openings in separate walls.
Wheat Ridge Historical Society. A Colorado
nonprofit corporation, recognized as tax-exempt
pursuant ro section 501(c)(3) of the Iriternal Rev-
enue Code, or any of its successors, the general
purpose of which is to gather information about
historic persons, events and places in the City of
Wheat Ridge, provide for historic preservation,
and to educate and stimulate interest in such
persons, events and places.
(Ord. No. 1997-1102, ~ 1, 12-22-97)
Sec. 26-603. Benefits of historic landmark
designation.
(1) Historic landmarks may be eligible for grants
for preservation, restoration or stabilization from
the city, state or other granting organizations.
(2) The city, in collaboration with the Wheat
Ridge Historical Society, in its discretion, may
write recommendations for such grants or moneys
and assist property owners in applying for state
or national historic designation.
(3) City council, in its sole discretion, may
make available economic incentives to historic
marks. The city council is authorized to seek and
accept private or public grants which would en-
hance historic preservation.
(4) The city shall supply a plaque of appropri-
ate size which states that a designated historic
landmark is a Wheat Ridge Historic Landmark
and protected under the provisions ofthis article.
(5) If appropriate, the city council may grant a
community significance variance.
(Ord. No. 1997-1102, ~ 1, 12-22-97)
Sec. 26-604. Process for designation of his-
toric landmark.
(1) Any individual structure or building within
the city is eligible for designation as an historic
landmark.
(2) Inclusion of any property in the National
Register of Historic Places as provided in the
National Historic Preservation Act of 1966 shall
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ZONING AND DEVELOPMENT
~ 26-605
mean that the landmark is automatically desig-
nated a local historic landmark subject to the
protections of this article.
(3) An application for historic designation may
be submitted by the property owner, by a member
of the Wheat Ridge Historical Society Board of
Directors or by a member of city council. The
application shall be on a form as provided by the
city preservation specialist and shall be submit-
ted to the city preservation specialist who shall
first refer the application to the Wheat Ridge
Historical Society Board of Directors for review
and recommendation. If the application is made
by anyone other than the property owner, the city
preservation specialist shall promptly send the
owner a copy of the application via certified mail.
The property owner may file a written objection to
the application with the preservation specialist
within thirty (30) days after the date the preser-
vation specialist mails the owner a copy of the
application.
(4) In accordance with its own rules and by-
laws, the Wheat Ridge Historical Society Board of
Directors shall review the application for historic
designation and shall make a recommendation to
city council on whether the city council should
grant historic designation. Failure of the Wheat
Ridge Historical Society Board of Directors to
provide a recommendation within thirty (30) days
of the date that the application is sent to it for
referral shall be deemed to be a recommendation
for denial.
(5) Upon receipt of a recommendation from the
Historical Society Board of Directors, or after the
passage of thirty (30) days from the date an
application is sent to the Historical Society for
referral, the preservation specialist shall sched-
ule a city council public hearing on such historic
designation applications, Notice ofthe public hear-
ing shall be sent to the owner of the property via
certified mail, shall be published in a newspaper
of general circulation and be posted on the prop-
erty by a sign which conforms with the require-
ments of section 26-6(F)(3) at least fifteen (15)
days before the date of the public hearing. Such
notice shall state the time and place of the public
hearing, state that an application has been filed
for historic designation of the structure and de-
Supp, No. 20
scribe the location of the landmark by street
address, legal description, map and/or other de-
scriptive information sufficient to reasonably ad-
vise the public and/or any interested persons of
the pendency of the application. If the property
owner files a written objection to the application,
city council shall hold said hearing within forty-
five (45) days of the date of receipt of the recom-
mendation of the Historical Society Board of Di-
rectors or within forty-five (45) days after the
passage of thirty (30) days from the date the
application is sent to Historical Society for refer-
ral.
(Ord. No. 1997-1102, ~ 1, 12-22-97)
Sec. 26-605. City council designation.
(1) Following public hearing, city council may
designate by ordinance historic landmarks in the
City of Wheat Ridge to accomplish the purposes of
this article. In making such designations, city
council shall consider the recommendation of the
Wheat Ridge Historical Society Board of Direc-
tors, the testimony and evidence presented at the
public hearing and the following criteria:
(a) No structure or building shall be granted
historic designation unless city council
determines that the property owner will
retain the ability to earn a reasonable
return on the property which is the sub-
ject of the application; and
(b) City council shall consider whether the
structure is of particular historical, archi-
tectural, cultural or archaeological signif-
icance which:
1. Exemplifies or reflects the broad cul-
tural, political, economic or social
history of the nation, state or com-
munity; or
2. Is identified with historic persons or
with important events in national,
state or local history; or
3. Embodies distinguishing character-
istics of an architectural type inher-
ently valuable for the study of a
period, style, method of construction
or of indigenous materials or crafts-
manship; or
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~ 26-605
WHEAT RIDGE CITY CODE
4. Is representative of the notable work
of a master builder, designer or ar-
chitect whose individual ability has
been recognized; or
5. Is recommended as an historic land-
mark by the Wheat Ridge Historical
Society Board of Directors.
(2) City council may grant historic designation
in the presence of one or more of the criteria set
forth in (1)(b)1. through (1)(b)5. above, but need
not find that all of those criteria are met.
(3) If an application for historic designation is
submitted by either a city councilmember or a
member of the Wheat Ridge Historical Society
Board of DirectorS and the property owner does
not desire historic designation and so indicates by
filing a written protest before the scheduled pub-
lic hearing, historic designation shall be granted
only upon a three-fourths vote of the entire city
council.
(4) It shall be unlawful to demolish, destroy or
undertake any major change to a structure which
is the subject of a pending historic designation
application until such time as city council has
determined whether such designation shall or
shall not be granted.
(5) The planning department and the public
works department shall maintain an inventory of
all designated historic landmarks and all struc-
tures which are the subject of pending applica-
tions for historic designation. Upon receipt of an
application for either a permit or a request to
carry out any new construction, alteration, re-
moval or demolition of a structure on or in an
historic landmark or on a structure which is the
subject of a pending application for historic des-
ignation, or a zoning change or development plan
change, the planning or public works department
shall forward such permit application, request or
information to the preservation specialist within
ten (10) working days. No permit shall be issued
or request granted by said departments before a
landmark alteration permit has been issued by
either the preservation specialist or city council or
until a determination has been made by city
council not to grant historic designation.
(Ord. No. 1997-1102, S 1, 12-22-97)
Supp, No, 20
Sec. 26.606. Community significance vari-
ances.
(1) In addition to historic designation, or at
any time after granting historic designation, the
city council may, upon application therefor, grant
community significance variances to historic land-
marks.
(2) When a community significance variance is
sought after historic designation has already been
granted, the notice and hearing requirements for
granting such a variance shall be as set out in
section 26-604(5) except that the notice shall state
that an application has been filed for a commu-
nity significance variance. .
(3) The criterion for determining that a vari-
anceshould be granted is that the variance is
necessary to preserve the historic character and/or
significance of the affected structure.
(4) The variance shall remain in effect only
until such time as the use which created the
historic character of the landmark changes or
ceases. Failure to maintain the subject of a vari-
ance in good repair and working order may cause
a rescission of the variance.
COrd. No. 1997-1102, S 1, 12-22-97)
Sec. 26.607. Limitations on development af-
fecting historic landmarks.
(1) No person shall carry out or cause to be
carried out on any historic landmark any construc-
tion, alteration, removal or demolition, or make
any changes that would impair the historic na-
ture of the historic landmark without first obtain-
ing a landmark alteration permit therefor in
accordance with this article.
(2) Nothing in this section shall be construed
to prevent any construction, alteration removal,
or demolition necessary to correct an unsafe or
dangerous condition of any structure, or parts
thereof where such condition is declared unsafe or
dangerous by the city building or planning and
development departments, or fire department and
where the proposed measures have been declared
necessary by the city manager to correct the
dangerous condition, as long as only such work
which is necessary to correct the condition is
performed. Any temporary measures required by
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ZONING AND DEVELOPMENT
* 26-610
the city under this section may be taken without
fIrst obtaining a landmark alteration permit, but
a permit is required for permanent alteration,
removal or demolition of an historic landmark.
(3) If the city provides the applicant with a
landmark alteration permit, the applicant must
apply for a building permit within six (6) months
of the date of the permit.
(4) If the city denies a landmark alteration
permit, no person may submit a subsequent ap-
plication for the same construction, alteration,
removal or demolition within one year from the
date of the final action upon the earlier applica-
tion.
(Ord. No. 1997-1102, ~ 1, 12-22-97)
Sec. 26-608. Initial processing of applica-
tions for landmark alteration
permits.
(1) Applications for a landmark alteration per-
mit shall be submitted to the preservation spe-
cialist on a form as provided by the preservation
specialist and shall contain such information as
required to assure full presentation of the facts
necessary for proper consideration of the permit.
(2) Landmark alteration permit applications
for minor changes shall be determined by the
preservation specialist in accordance with this
article. Landmark alteration permit applications
for major changes shall be determined by city
council in accordance with this article.
(3) The preservation specialist shall determine
whether the landmark alteration permit applica-
tion requests a lImajor change'1 or a "minor change"
to the historic landmark.
(Ord. No. 1997-1102, ~ 1, 12-22-97)
Sec. 26-609. Minor change landmark alter-
ation permits.
(1) In determining whether to grant an appli-
cation for a minor change landmark alteration
permit, the preservation specialist shall grant the
permit if the requested alteration to a historic
landmark would preserve, enhance or restore the
exterior architectural features of the landmark or
site. The proposed work shall not adversely affect
Supp, No. 20
the special character or special historical, archi-
tectural or archaeological nature of the landnlark
or site.
(2) Any person aggrieved by a determination
of the preservation specialist to grant or deny a
minor change landmark alteration permit may
appeal such determination to the city council
within ten (10) working days of the date of the
preservation specialist's determination by filing
an appeal with the office of the city clerk. Such
appeal shall state the grounds for appeal. Within
thirty-five (35) days of the date the appeal is
received in the office of the city manager, the city
council shall set a date for a hearing on such
appeal, which hearing shall be held no later than
sixty (60) days after the date the appeal is re-
ceived in the office of the city manager. The city
council shall have the power to overrule the
preservation specialist's decision by a vote of a
majority of the city council. The determination of
the city council following the appeal hearing shall
be issued within forty-fIve (45) days of the hearing
and shall be a final determination for purposes of
Rule 106, Colorado Rules of Civil Procedure.
(Ord. No. 1997-1102, ~ 1, 12-22-97)
Sec. 26-610. Major change landmark alter-
ation permits.
(1) The city preservation specialist shall sched-
ule the permit application for a major change on
the next available agenda of the Wheat Ridge
Historical Society Board of Directors. The preser-
vation specialist shall notify the permit applicant
of the date of the Historical Society Board of
Directors' meeting at which the application shall
be considered via first class mail at least fifteen
(15) days before the date of the meeting.
(2) At the conclusion of the Historical Society
Board of Directors' meeting at which the Society
considers an application for a landmark alter-
ation permit to make a "major change," the His-
torical Society Board of Directors shall forward to
city council a recommendation it either grant or
deny such permit.
(3) City council shall schedule a hearing on
such major change landmark alteration permit
application. Notice ofthe hearing shall be as set
forth in section 26-604(5) except that the notice
1845
~ 26-610
WHEAT RIDGE CITY CODE;
shall state that an applicatio!l has been filed for a
major change landmark alteratio!l permit. Such
notice shall be sent to the permit ~pplicant via
first class mail and shall be published as in
section 26-604(5).
(4) During the city council hearing on the
major change landmark alteratio!l permit appli-
catio!l, city council shall consider the recommen-
dation of the Historical Society, the evidence or
testimony presented at the hearing, and whether
the proposed work will materially ~dv'ilrsely affect
the speCial character or special hiswrical, arclrl-
t'ilctural or archaeological nature of the historic
landmark. City council shall makll its d'iltermma-
tion to grant or deny the major change landmark
alteration permit within sixty (60) days of the
dat'il of the hllarlng and shall notify the applicant
of its vote within fifteen (15) days of the date of
the vote in writing, including the major change
landmark alteration permit if the city council has
voted to grant such permit.
(Ord. No. 1997-1102, ~ 1, 12-22-97)
S'ilc. 26.611. Maintenance ()f hist()ric land.
marks.
All structures, architectural features, build-
ings and improvements which are designated
historic pursuant to this article shall be main-
tained in good repair so as to prevent deteriora-
tio!l. Failure to maintain all historic structures,
architectural features, buildings, and improve-
ments in good repair shall constitute a violation of
this Code.
(Ord. No. 1997-1102, ~ 1, 12-22-97)
Sec. 26.612. Rem()val ()f hist()ric designa.
ti()n.
(1) An application for removal of historic des-
ignation may be submitted by the owner of the
property which holds such designation, by a mem-
ber of the Wheat Ridge Historical Society Board of
Directors or by a member of city council as in
section 26-604(3). The application shall be pro-
cessed in the same manner as in section 26-604(3)
through (5) and section 26-605 except that the
criteria for removal of historic designation shall
be that:
(a) The property has ceased to meet the cri-
teria for historic designation because tb,e
. qualities which caus'ild it to be origi!lally
listed have been lost or destroyed;
Supp. No. 20
(b) Additional information shows that the
structure or property no longer meets any
of the criteria for historic designation con-
tained in section 26-605.
(2) Properties removed from the state register
or the National Register of Historic Places sball
not b'il considered to have been automatically
removed from the city's historic inventory without
formal action of the city council.
(3) If either a city councilmember or a member
of the Wheat Ridge Hiswrical Society Board of
Directors submits an application for removal of
historic designation and th'il property own'ilr does
not desire removal of historic designation and so
indicates by filing a written protest before the
scheduled public hearing, historic designation shall
be removed only upon a three-fourths vote of the
!ll1tire city council.
(Ord. No. 1997-1102, ~ 1, 12-22-97)
Sec. 26.613. Rec()rdati()n ()fmem()randum ()f
acti()n.
(1) Within fifteen (15) days of a city council
designation of an historic landmark, the city sball
cause w be recorded with the Jefferson County
Clerk and Recorder a Memorandum of Action
which sets forth the following:
(a) Address and legal description of the real
property affected by th'il l)istoric hllld-
mark designation which underlies th'il
structure which has been designated as
historic;
(b) A statement that such real property is
subject to article VI, chapter 26 of the
Wheat Ridge Code of Laws pertaining to
the historic landmark requirements.
(2) Within fifteen (15) days of the date that the
city council removes an historic designation, the
city shall cause to be recorded with the Jefferson
County Clerk and Recorder a Memorandum of
Action which sets forth the following:
(a) The information contained in subsection
(l)(a) above; and
(b) A statement that the owner of such real
property is no longer required to conform
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ZONING AND DEVELOPMENT
~ 26-614
with the historic landmark requirements
of chapter 26, article VI of the Wheat
Ridge Code of Laws.
(Ord. No. 1997-1102, ~ 1, 12-22-97)
Sec. 26.614. Violations and penalties.
(1) Any person who is an owner as defined in
section 26-602 or a manager of property subject to
any provision of this article shall be responsible
for compliance with all provisions of this article.
Historic designation may be subject to a review
for loss of designation as a result of a conviction of
the owner for a violation of this article.
(2) Any person violating any provision of this
article shall be subject to a fine of nine hundred
and ninety nine dollars ($999.00) or by imprison-
ment not exceeding one year, or by both such fine
and imprisonment. Each and every day during
which a violation continues shall be deemed a
separate offense and shall be prosecutable and
punishable as a separate offense.
(3) The imposition of any penalty hereimder
shall not preclude the city or any proper person
from instituting any proper action or proceeding
to require compliance with the provisions of this
article. In case any building or structure is erected,
constructed, externally reconstructed, externally
altered, added to or demolished in violation of this
article, the city or any proper person may insti-
tute an appropriate action or proceeding to pre-
vent any unlawful erection, construction, recon-
struction, exterior alteration, addition or
demolition.
(Ord. No. 1997-1102, ~ 1, 12-22-97)
Supp, No, 20
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