HomeMy WebLinkAboutOrdinance 2011-1483
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER SANG COUNCIL BILL NO. 12 ORDINANCE NO .. ~14",8l..!3 _ Series 2011 TITLE: AN ORDINANCE AMENDING SECTION 614 OF CHAPTER 26 CONCERNING
RESIDENTIAL DUMPSTER REGULATIONS WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home Rule Charter and the Colorado Constitution and statutes to enact and enforce
ordinances for the preservation of the public health, safety and welfare; and WHEREAS, in the exercise of that authority, the City Council wishes to amend the Wheat Ridge Code of Laws
(the "Code") with respect to trash dumpsters. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-614 of the Code is amended
to read: Sec. 26-614. Trash storage area screening. A. Trash storage for all existing and new multi-unit dwellings, institutional buildings, all business and industrial buildings or
uses and agriculturally-zoned properties shall be accommodated within the structure, or if located outside: 1. Shall be located or screened so as not to be visible from any public streets,
and; 2. Shall be screened when located within one hundred (100) feet of anyone-or two-family residential structure. If screened by a fence or wall, a fence permit and site plan shall
be required, and such screening shall be by a decorative wall or fence six (6) feet in height. Dumpsters and the required screening shall not be located within five (5) feet of combustible
walls, openings, or combustible roof eave lines. The required screening shall be protected from damage by normal removal and replacement of the dumpster by a trash truck. Maintenance
will be required if the screening is damaged and/or dilapidated, or in need of repair, and the area around the screening shall be kept free of junk and trash. B. One-and two-family residential
structure.s. in . m.zoned ar.eas. are permitted to have one trash dumpster no larger than. ~.Ifj'. . . cubic yards in size and are subject to the following conditions: 1. Trash dumpsters
may not be stored wholly or partially within any portion of the front setback of the lot, and; 2. Any trash dumpster shall be screened from view so not to be visible from the public
right-of-way or adjacent properties.
If a trash dumpster is screened by a fence or wall, a fence permit and site plan shall be required. Such screening shall be by a decorative wall or fence six (6) feet in height. Dumpsters
and the required screening shall not be located within five (5) feet of combustible walls, openings, or combustible roof eave lines. The required screening shall be protected from damage
by normal removal and replacement of the dumpster by a trash truck. Maintenance will be required if the screening is damaged and/or dilapidated or otherwise in need of repair. The area
around the dumpster and screening shall be kept free of junk and trash. C. Residential structures on agriculturally-zoned property shall be permitted to have one (1) trash dumpster.
The dumpsters on such lots may be larger than one and onehalf (1.5) cubic yards in size and shall meet the requirements set forth in Section 26-614(A). D. In no instance shall trash
screening for any commercial, industrial multi-family, agricultural, or other residential property property be permitted to become a sight, traffic, or safety obstruction for driveways
or street corners. No such screening shall displace required parking spaces, or landscaping, unless reviewed and approved by the Director of Community Development as an administrative
variance after considering all reasonable alternatives. An administrative variance, to the prior sentence only, shall follow the procedures set forth in section 26-115, but shall not
be limited to the fifty (50) percent provisions thereof. E. Temporary construction dumpsters and temporary storage containers may be allowed in all zone districts at active construction
projects only, and must be located on private property. If impractical to locate on private property, a right-of-way permit may be obtained from the public works department pursuant
to Article III of Chapter 21 of the Wheat Ridge Code of Laws. Temporary construction dumpsters and temporary storage containers shall not be located so as to create sight, traffic, or
safety obstructions. Temporary construction dumpsters and temporary storage containers must be removed within fourteen (14) days of construction completion. F. Screening is not required
for dumpsters that are used by the community exclusively for the purpose of recycling. Dumpsters used for this purpose must be clearly labeled as recycling dumpsters. (Ord. No. 2001-1215,
§ 1, 2-26-01; Ord. No. 1284, § 1, 4-28-03; Ord. No. 1454, § 1, 9-28-09) Section 3. Safetv Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated
under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety and welfare of the public and that this Ordinance is necessary for the preservation
of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative
object sought to be attained. Section 4. Severabilitv. Conflicting Ordinances Repealed. If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall
not be affected thereby. All other ordinances or parts of the ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance
shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 28th day
of March, 2011, ordered it published with Public Hearing and consideration of final passage set for April 11th, 2011 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat
Ridge, Colorado, and that it takes effect 15 days after final publication READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 6 to _0 _, this 11 th day of April
, 2011. SIGNED by the Mayor on this 11 th day of "'_A-"-p_r_il ____, 2011. ATTEST: Michael Snow, City Clerk Gerald E. Dahl, City Attorney First Publication: March 31,2011 Second Publication:
April 14, 2011 Wheat Ridge Transcript: Effective Date: Ap r il 29, 2 ° 11