HomeMy WebLinkAboutOrdinance 2011-1491
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER BERRY COUNCIL BILL NO. 17 ORDINANCE NO. 1491 Series 2011 TITLE: AN ORDINANCE AMENDING CHAPTER 26 TO SUPPORT URBAN AGRICULTURAL
USES AND ACTIVITIES 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, the City's Comprehensive Plan, Envision Wheat Ridge, establishes that the City will work to promote access
to healthy foods and support urban agriculture according to Policy SF 4.2 Accessible Healthy Foods; and WHEREAS, said plan includes the recommendation to "revise regulations to allow
farmers' markets, produce stands and urban agriculture" within the City; and WHEREAS, the City Council of the City of Wheat Ridge wishes to amend the Wheat Ridge Code of Laws (the "Code")
to accomplish these goals. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1: Section 26-123, entitled "Definitions," is amended to review
the definition of "Building, accessory," to read: Building, accessory. A subordinate building or portion of a main building the use of which is incidental to that of the main building
OR USE on the same lot. These accessory buildings shall include, but are not limited to, private storage sheds, detached garages, detached carports, membrane structures that meet current
building code requirements, chicken coops, gazebos, greenhouses and barns. AN URBAN GARDEN USE MAY BUT IS NOT REQUIRED TO HAVE A MAIN BUILDING. EXCEPT FOR URBAN GARDEN USES, AR AN accessory
building must be clearly subordinate to a main wee BUILDING located on the same lot AND ,t,dditienally, an accessory structure shall not be located on a vacant lot devoid of a main building.
Section 2: Section 26-123 of the Code is amended to include the following new definitions in appropriate alphabetical order:
FARMERS' MARKET. A PUBLICLY OR PRIVATELY OPERATED, OPEN-AIR ESTABLISHMENT WHERE PRIMARILY AGRICULTURAL PRODUCTS SUCH AS RAW VEGETABLES, FRUITS, HERBS, FLOWERS, PLANTS, NUTS, HONEY AND
EGGS ARE SOLD. ANY NON-AGRICULTURAL PRODUCT SOLD AT A FARMERS' MARKET MUST HAVE BEEN CREATED BY THE VENDOR SELLING THE ITEM. PRODUCE STAND. A TEMPORARY STRUCTURE AT WHICH AGRICULTURAL
PRODUCTS SUCH AS RAW VEGETABLES, FRUITS, HERBS, FLOWERS, PLANTS, NUTS, HONEY AND EGGS ARE SOLD. VALUE-ADDED AGRICULTURAL PRODUCTS, WHICH ARE MADE FROM RAW AGRICULTURAL PRODUCTS GROWN,
RAISED, OR PRODUCED ON-SITE, SUCH AS JAMS, JELLIES, OILS, VINEGARS, AND CHEESES, MAY ALSO BE SOLD AT PRODUCE STANDS: PRODUCTS SOLD AT PRODUCE STANDS MUST HAVE BEEN PRIMARILY GROWN, RAISED,
OR PRODUCED ON THE SAME PROPERTY WHERE THE STAND IS LOCATED. URBAN GARDEN. AN AREA OF LAND FORMALLY MANAGED, ORGANIZED, AND MAINTAINED BY AN INDIVIDUAL OR GROUP OF INDIVIDUALS TO GROW
AND HARVEST FOOD CROPS AND/OR NON-FOOD ORNAMENTAL CROPS, SUCH AS FLOWERS. URBAN GARDENS MAY BE DIVIDED INTO SEPARATE PLOTS FOR CULTIVATION BY ONE OR MORE INDIVIDUALS OR MAY BE MAINTAINED
AND CULTIVATED COLLECTIVELY. URBAN GARDEN EXAMPLES INCLUDE COMMUNITY GARDENS, WHERE CROPS ARE CONSUMED OR DONATED, MARKET GARDENS, WHERE CROPS ARE SOLD FOR PROFIT, AND COMMUNITYSUPPORTED
AGRICULTURE (CSA), WHERE CROPS ARE SOLD OR DONATED FOR SHAREHOLDER CONSUMPTION. Section 3: The Table of Uses in Section 26-204 of the Code are amended to read: Table of Uses--Residential
TABLE INSET: Uses Notes R-R-R-R-R-R-R-R-1 1A 18 1C 2 2A 3 3A One-family P P P P P P P P dwelling Two-family P P P P dwelling Three-family P P P dwelling 2
Uses Notes R-R-R-R-R-R-R-R-1 1A 18 1C 2 2A 3 3A Four-family P P P dwelling Multifamily P P dwelling Bed and breakfast See § 26-608 S S S S S S S S Church, parish S S S S S S S S house
Day care home, S S S S S S P P large Electric transmission S S S S S S S S sUbstation NOT PERMITTED AS AN ACCESSORY USE ON PROPERTIES WHERE THE PRIMARY USE IS A FARMERS' SINGLE· OR TWO·FAMIL
Y MARKETS HOME. SUBMITTAL TO P P P P P P P P COMMUNITY DEVELOPMENT DEPARTMENT REQUIRED. SEE § 26-635 Foster care home P P P P P P P P Governmental and quasigovernmental No outside storage
P P P P P P P P buildings, fire stations and public utility buildings Governmental and quasigovernmental Outside storage S S S S S S S S buildings, fire stations and public utility buildings
Parking of Shall be allowed only on lots P P P P P P P P automobiles of containing nonresidential or 3
Uses Notes R-R-R-R-R-R-R-R-1 1A 18 1C 2 2A 3 3A clients, patients or quasi-public uses, subject to patrons of adjacent § 26-501CA commercial or nonresidential uses Parking of automobiles
of Shall be allowed on lots clients, patients or adjacent to business only if S S S S S S S S patrons of adjacent the business owner also commercial uses owns the adjacent lot Includes:
noncommercial Parks playgrounds or other public P P P P P P P P recreation uses SEE § 26-636. WHERE LOCATED ON A LOT WITH A RESIDENTIAL PRODUCE DWELLING UNIT, MUST STANDS MEET HOME P
P P P P P P P OCCUPATION REGULATIONS PER § 26-613. Public or private golf courses, Restaurants, lounges and country clubs or bars permitted as accessory S S S S S S S S clubs operated
for to a public or private golf the benefit of members only and course not for gain Public and private schools, colleges S S S S S S S S and universities. Residential group See § 26-612
S S S S S S S S home for children Residential group homes, nursing homes, and P P P P P P P P congregate care See § 26-612 facilities for 8 or fewer elderly persons 4
Uses Notes R-R-R-R-R-R-R-R-1 1A 18 1C 2 2A 3 3A Residential group homes, nursing homes, or S S S S congregate care See § 26-612 S S S S facility for 9 or more elderly persons URBAN SEE§
26-637 P P P P P P P P GARDENS Wind powered electric generators Not in excess of 35 feet S S S S S S S S TABLE INSET: Accessory Uses For Notes Residential Districts Bee keeping See §
26-603 and 607 Ancillary uses operating within a church's primary e.g.: Day care centers, scout meetings structure Home occupations, INCLUDING PRODUCE See § 26-613 AND § 26-636 FOR PRODUCE
STANDS STANDS See § 26-123; 605 (excludes keeping of swine); 606. Accessory buildings shall not be located on a vacant lot Accessory buildings devoid of any primary or main building,
EXCEPT FOR URBAN GARDEN USES, WHICH MAY OR MAY NOT HAVE A PRIMARY OR MAIN BUILDING. NOT PERMITTED AS AN ACCESSORY USE ON FARMERS' MARKETS PROPERTIES WHERE THE PRIMARY USE IS A SINGLE·
OR TWO·FAMIL Y HOME. SEE § 26-635 Household pets, limited to no more than 3 dogs and 4 Plus their their unweaned offspring cats Private swimming pools and See § 26-603 tennis courts
and other 5
Accessory Uses For Residential Districts Notes recreational facilities Public and private communications towers, For satellite earth receiving stations, see § 26-616 and § television
or radio antennas 26-617 Public utility lines and poles, irrigation channels, storm drainage and water supply facilities Rooming and/or boarding of not more than 2 persons On a contract
basis for not less than 7 days URBAN GARDENS SEE § 26-637 Water towers or aboveground reservoirs Not in excess of 35 feet Table of Uses--Agricultural and Public Facilities TABLE INSET:
Uses Notes A-A1 2 PF Bed-and-breakfast Subject to requirements set forth in § S S 26-608 Cemeteries and crematories Not including funeral homes S S Churches parish houses S S Day care
home, large S S Day care center, large S S Day care center, small S S 6
Uses Notes A-A-1 2 PF Provided that outside runs which are Dog kennels, catteries, adjacent to residentially zoned or S S veterinary hospitals used property are no closer than 25 feet
to a side or rear lot line Electric transmission S S SUbstations PROHIBITED in A-1 : The raising or General farming and raising or keeping of swine INCLUDED in A-2: The keeping of keeping
of stock, bee keeping, swine and/or potbellied pigs, Sus P P poultry or small animals such as Scrofa Vittatus, except such animals rabbits or chinchillas shall not be fed garbage SUBMITTAL
TO COMMUNITY FARMERS' MARKETS DEVELOPMENT DEPARTMENT P P P REQUIRED. SEE § 26-635. Foster care home P P Fish hatcheries P P Governmental and quasi-No outside storage governmental buildings,
fire P P stations and public utility P buildings Governmental and quasigovernmental buildings, fire Outside storage S S stations and public utility P buildings Greenhouses and landscape
nurseries, including both See § 26-624 P P wholesale and retail sales of related products One-family dwelling P P Parks Includes noncommercial playgrounds P P P or other public recreation
uses 7
Uses Notes A-APF 1 2 SEE § 26-636. WHERE LOCATED ON A LOT WITH A RESIDENTIAL PRODUCE STANDS DWELLING UNIT, MUST MEET P P P HOME OCCUPATION REGULATIONS PER § 26-613. Public and private
schools, In public facility district only public S S colleges, and universities schools P Public or private golf courses, Not including a private club which country clubs or clubs operated
S S for the benefit of members only provides service customarily carried and not for gain on as a business Race track, fair grounds, S S amusement resorts, heliports, radio towers and
stations Residential group homes for 8 See § 26-612 P P or fewer elderly persons Residential group or nursing homes, or congregate care See § 26-612 S facilities for 9 or more elderly
persons Residential group homes for See § 26-612 S children Provided that any structure housing Riding academies and public animals which is adjacent to a P P residentially zoned or
used property stables shall be no closer than 25 feet to a side or rear lot line Raadside staAds leF PFa",idad swah staAds aFa laaated apeF8tiaA leF Aat maFa than & Aa lass thaA 30 feet
Am aAY maAths peF yeaF leF the sale swet; high~'t'ay aF Fight at way P-Pat faFA'l pFadwate pFadwaed aF lina, .Rct that tempsFaFY eft sWeet Made en tile premises. pa~iAg is pFa",ided
URBAN GARDENS SEE §26-637 P P P Wind-powered electric S S generators not in excess of 35 feet. 8
TABLE INSET: Agricultural and Public Facilities Districts Accessory Uses Notes Home occupations, INCLUDING Meeting the definition and standards in § 26-PRODUCE STANDS 613 AND, FOR PRODUCE
STANDS, § 26· 636 Detached private garage or carport FARMERS' MARKETS SEE §26-635 Household pets, limited to no more than Plus their unweaned offspring 3 dogs and 4 cats Parking of equipment,
implements, machinery and/or large trucks, trailers and semi-tractor trailers, when used in support of agricultural and public maintenance operations Private storage sheds, barns, animal
shelters or outbuildings Private swimming pools and tennis See § 26-603 for related requirements courts Public utility lines and poles, irrigation Includes other similar facilities such
as channels, storm drainage and water electric transmission lines and poles supply facilities Includes other similar communications Public and private communications receiving or sending
devices. None may exceed 35 feet in height, whether ground or towers , television or radio antennas structurally mounted. For satellite earth receiving stations, see § 26-616 and 26-617
Rooming and/or boarding for not more On a contract basis for not less than 7 days than 2 persons URBAN GARDENS SEE §26-637 Water towers or above ground Not in excess of 35 feet reservoirs
9
Table of Uses--Commercial and Industrial Districts TABLE INSET: Uses Notes NC RC C-C-1 2 I Adult entertainment In accordance with Wheat P P P establishments Ridge Code of Laws, Chapter
3 Ambulance services P P P P Amusement parks S P P Animal veterinary hospitals With outside runs; no P P and clinics cremation Animal veterinary hospitals Where there are no outside
S P P P P pens or runs for dogs; no or clinics cremation In NC & RC Districts: Provided S P P P P Antique stores that no more than 200 square feet of building area shall be allocated
to repair Apparel and accessory See Footnote 1 S P P P P stores Appliance stores and P P P incidental service and repair Art galleries or studios See Footnote 1 P P P P P Assembly halls
and P P P convention facilities Auction houses S P P Auto service, repair and P P P maintenance shops, minor See § 26-631 Auto service, repair and S P P maintenance shops, major See
§ 26-631 10
Uses Notes NC RC C-C-1 2 I Automobile and light-duty See § 26-628 S S S truck sales and rental Automotive parts and P P P supplies sales Bail bonds businesses See Footnote 2. See § 26-634
P P for distance requirements. Bakeries, retail See Footnote 1 S P P 'p P Banks, loan and finance See § 26-633 P P P P P offices Bed and breakfast homes Subject to requirements set P
P P P P forth in § 26-608. Bicycle stores See Footnote 1 S P P P P Blueprinting, photostatic EXCLUDING: Large printing, S P P P P copying and other similar publishing and/or book binding
reproduction services establishments See Footnote 1 Boat, recreational vehicle S S S and trailer sales, rentals See § 26-628 and service Body art establishments S S S Book stores, stationery
and See Footnote 1 S P P P P card stores Building contractor's service S P P shop and storage yard incidental to an See § 26-629 office/showroom principal use. Business machine or See
Footnote 1 S P P P P computer stores Butcher shops and food EXCLUDING: Food P P P lockers lockers processing 11
Uses Notes NC RC C-C-1 2 I Cabinet and woodworking S shops Camera and photographic See Footnote 1 S P P P P service and supply stores Candy, nut and See Footnote 1 S P P P P confectionery
stores Caretaker residence Only one (1) unit for caretaker P P P P or manager Carpet cleaning and S fumigating Carting, express, hauling or S storage yard Car wash, automatic S p P Car
wash, coin operated S p P Caterers p p p Day care center, large p p p Day care center, small p p p Clinics and offices for the C-1, C-2 & I INCLUDE: S P P P P counseling and treatment
of Residential facilities. psychological, social, NC & RC EXCLUDES: marital, developmental or Residential facilities similar conditions, excluding substance abuse ALL districts INCLUDE:
clinics Counseling and treatment for alcoholism Cold storage plant p p Commercial machine S P P shops 12
Uses Notes NC RC C-CI 1 2 e.g.: YMCA's, YWCA's, P P P P P Community buildings churches, libraries, parks, museums, aquariums and art galleries. Construction and heavy P P equipment sales,
service, See § 26-629 rental and storage Contractor's plant or S storage yard Dairy products stores See Footnote 1 S P P P P Day care center and P P P preschools, large Day care center
and P P P preschools, small Department or variety P P P stores Drug stores p p p Eating establishments, S S S S S drive through Eating establishments, sit S P P P P down Electric transmission
and S S S S S public utility sUbstations Electrical motors and S armature regrinding shops Electrical supplies and EXCLUDING: Contractors P P P service storage yards Equipment rental
Subject to § 26-628; in RC P P P P agencies District: Outside storage and display prohibited Exterminators p p p p 13
Uses Notes NC RC C-CI 1 2 Farm equipment sales, See § 26-628 P P service and storage SUBMITTAL TO P P P P P COMMUNITY FARMERS' MARKETS DEVELOPMENT DEPARTMENT REQUIRED. SEE §26-635 Floral
shops See Footnote 1 S P P P P Furniture stores P P P Garden supply stores See Footnote 1 S P P P P Gift, novelty or souvenir See Footnote 1 S P P P P stores INCLUDES: Private clubs,
P P P restaurants and lounges, driving ranges, and those uses Golf courses commonly accepted as accessory thereto when located on the same premises Governmental and quasi-P P P P P governmental
buildings and No outside storage offices, fire stations or public utility buildings Governmental and quasi-S S S P P governmental buildings and Outside Storage offices, fire stations
or public utility buildings Greenhouses and S S P P P landscape nurseries, retail See § 26-624 Greenhouses and S P P landscape nurseries, See § 26-624 wholesale 14
Uses Notes NC RC C-C-1 2 I Grocery or convenience See Footnote 1 P P P P P stores, no gas pumps Grocery stores which may S S S P P include no more than 1 gasoline service island with
See Footnote 1 no more than 2 dispensing pumps Hair, nail and cosmetic P P P P P services Hardware stores See Footnote 1 S P P P P Hobby and craft stores See Footnote 1 S P P P P Home
furnishing stores P P P Home improvements P P P supply stores Hotels or motels for There shall be 1,000 square S S S transient occupancy. feet of gross lot area for each unit Ice plants
P P Indoor amusement and e.g.: Roller rinks, bowling P P P recreational enterprises alleys, arcades and similar uses Indoor flea markets PROHIBITED: Outdoor flea P P P markets Interior
decorating shops S P P P P Itinerant sales See § 26-630 S S S Jewelry stores See Footnote 1 S P P P P Kennels S 15
Uses Notes NC RC C-C-1 2 /Laundry and dry cleaning S S P P P shops Laundry and dry cleaning P P P P P pick up stations Leather goods and luggage P P P stores Linen supply P P P Liquor
stores P P P Locksmith shops P P P P P Unenclosed storage of any P P P Lumber yards and building materials shall be screened supply stores from view from adjacent properties and streets
PROVIDED: An antidote S exists and is readily available for such vaccine, serums or Manufacture of vaccines, toxins; and approval of such serums and toxins manufacture is received from
the state department of health and the county health department Manufacturing, processing, See § 26-505; § 26-631 and § P P assembly, or light industrial 26-123, definitions operations
Manufacturing, fabrication S and/or processing of concrete products See Chapter 11, Article 10 P P P P P Massage therapist Code of Laws for additional restrictions See Chapter 11 , Article
10 P P P P P Massage therapy center Code of Laws for additional restriction 16
Uses Notes NC RC C-CI 1 2 Meat, poultry or seafood See Footnote 1 S P P P P stores Medical and dental offices, P P P P P clinics or laboratories, Pharmacies and optical stores excluding
substance abuse are accessory use clinics Mini-warehouses for inside P P storage Mobile or modular homes See § 26-628 S S or building sales Mortuaries and S S S crematories Motor fueling
stations S P P Motorcycle sales and See § 26-628 P P P service Music stores See Footnote 1 S P P P P Newsstands For the sale of newspapers, P P P P P magazines, etc. Office supply stores
See Footnote 1 S P P P P Offices: General P P P P P administrative, business and professional offices Optical stores See Footnote 1 S P P P P Outdoor amusement S P P facilities Paint
and wallpaper stores See Footnote 1 P P P P Parking of automobiles of P P P P P clients, patients or patrons Subject to § 26-501 C.4 of adjacent commercial or nonresidential uses 17
Uses Notes NC RC C-CI 1 2 Parking of not more than 3 See § 26-619; § 26-123, S S S commercial truck-tractors and/or semi-trailers definitions When in conformance with the parking design
standards set forth in § 26-501 It is not intended that such parking limitations shall apply to pickup and delivery trucks normally associated with business operations Pawn shops S Pet
stores See Footnote 1 S P P P P Pharmacies S P P P P Picture framing shops See Footnote 1 S P P P P Plumbing and heating EXCLUDING: Outdoor storage P P P supply stores and shops yards
Printing, engraving and S other related production processes Private clubs, social clubs, P P P bingo parlors and similar uses PRODUCE STANDS SEE § 26-636 P P P P P Psychic advisors
and S S S P similar uses Research laboratories, P P offices and other facilities for research 18
Uses Notes NC RC C-C-1 1 2 Residential group and P P P P P nursing homes and congregate care facilities for 8 or fewer elderly persons Residential group and S S S nursing homes and congregate
care facilities for 9 or more elderly persons Residential group home for S S S children Such residential uses may be P P P P P Residential uses in extended, enlarged, andlor existence
on 3/11/97 reconstructed so long as no additional dwelling units are created Residential uses in See § 26-626 P P P P P commercial zones Rooming and S S P P P boardinghouses RV, boat,
trailer and travel See § 26-628 P P trailer storage Sales, repair, rental and P P servicing of any commodity. that the manufacture, fabrication, processing or sale of which is permitted
in the district Schools for industrial or S S business training, including Conducted entirely within an vocational trade or enclosed building professional schools INCLUDES: Those uses
S S S P P Schools: public; private commonly accepted as necessary thereto when colleges and universities located on the same premises 19
Uses Notes NC RC C-C-1 2 I Shoe repair shops p P P P P Shoe stores See Footnote 1 S P P P P Shops for custom work or p p for making articles, materials or commodities to See § 26-631
; § 26-632 be sold at retail on the premises In accordance with Wheat P P P Social club Ridge Code of Laws, Chapter 11 , Article XI Sporting goods stores See Footnote 1 S P P P P Stone
cutting or polishing P P works Studio for professional work P P P P P or teaching of fine arts, photography, music, drama or dance Substance abuse clinics S S P Tailor, dressmaking or
P P P P P clothing alteration shops Taverns, night clubs, P P P lounges, private clubs and bars Television, radio, small S P P P P appliance repair and See Footnote 1 service shops Temporary
Christmas tree, P P P P produce and bedding plant See § 26-627 sales lots Theatres, indoor p p P Tobacco stores See Footnote 1 S P P P P 20
Uses Notes NC RC C-C-1 2 Toy stores See Footnote 1 S P P P Transit station , public or S S private URBAN GARDENS SEE § 26-637 P P P P Upholstery shops P P Video rentals See Footnote
1 S P P P Warehousing and outside See § 26-631 P storage Maximum 75% total area as S P Warehouse/office warehouse; minimum 25% as total area as office Watch and jewelry repair P P P
P shops Woodworking or carpentry S P shops for the making of articles for sale upon the See § 26-632 premises, such as cabinets or custom furniture Footnote: 1 The amount of building
space devoted to retail use is limited to 5,000 square feet in NC and RC Districts. I P S P P P P P P P 2 In addition to being allowed as a Permitted Principal Use in the C-2 and I zone
districts, bail bonds businesses may be permitted in Planned Industrial Development districts if approved as part of an Outline Development Plan (ODP) and in conformance with the requirements
of Code section 26-634. 21
TABLE INSET: Commercial and Industrial District Accessory Uses Accessory buildings and structures Electric transmission or other public utility lines and poles, irrigation channels,
storm drainage and water supply facilities FARMERS' MARKETS Food services PRODUCE STANDS Residential uses in commercial zones Outside storage or display URBAN GARDENS Key: P = Permitted
Principal Uses S = Special Uses Notes See § 26-625 SEE §26~35 Primarily for the occupants of a puilding containing a permitted use when located within the same building SEE§26~36 See
§ 26-626 See § 26-631 SEE § 26~37 Section 4: Section 26-502 of the Code is amended to read: Sec. 26-502. Landscaping requirements. A. Landscaping defined: A combination of living plants,
such as trees, shrubs, vines, groundcover, flowers, VEGETABLE PLANTS, 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 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 a nonliving landscape features. 22
Section 5: Section 26-613 of the Code is amended to read : Sec. 26-613. Home occupations. A. Home occupation. Home occupations are permitted as accessory uses to any conforming (as to
use) residential dwelling; provided, however, that the following requirements are met: 1. Such use shall be conducted entirely within a dwelling or accessory structure except for sales
of plants,-aAd produce, OR OTHER AGRICULTURAL PRODUCTS grown, RAISED, OR PRODUCED on the premises and carried on only by the inhabitants living there, with the exception that should
the operator be substantially, physically handicapped a nonresident may be employed to assist the operator in his work to the extent he requires it to make up for his physical handicap.
2. Not more than one (1) employee may live off-premises. 3. Such use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the
character thereof. 4. The total area used for said purposes shall not exceed twenty-five (25) percent of the gross floor area of the user's dwelling unit. 5. Ne sign a,""ertising Ute
"eIRe e66Ypatien s"all ite peFIRitted. EACH HOME OCCUPATION IS PERMITTED TO HAVE ONE NON-IllUMINATED SIGN UP TO 2 SQUARE FEET IN SIZE. THE SIGN MAY BE FREESTANDING OR WAll-MOUNTED. SEE
SECTION 26-709. 11. Home occupations are limited to the following business or commercial activities: a. Craft work, such as the making of pottery, jewelry or dolls, flower arranging,
smithing and woodworking. b. Garment work, such as tailoring, dressmaking, millinery work, ironing and garment repair. . c. Office uses, such as office uses for door-to-door, home party
and telephone solicitation sales, investment counseling, typing, notary public, travel services, surveyors, physicians, dentists, lawyers, accountants, architects, engineers and other
similar services. d. Repair services for electronics, small appliances, and mechanical devices, bicycles and upholstery. e. Tutoring, music lessons, dance lessons, gymnastics lessons,
swim lessons and tennis lessons. f. Artistic endeavors, such as art studios, portrait studios, photography studios, writing and lithography. g. Garage sales, not to exceed four (4) three-day
periods, which need not be consecutive, per calendar year. h. Hair care services carried on by only one (1) inhabitant of the dwelling. No other employee shall be permitted. 23
i. Small day care home. j. Sales directly related but merely ancillary to the primary home occupation, such as: (1) Sale of hair care products by a beautician or barber. (2) Sale of
accompaniment items, such as neckties, bows, ribbons or belts for a tailor or dressmaker. (3) Sale of component parts or accessories used in repair services for electronics, small appliances,
bicycles, etc. (4) Supplies related to a class, course of instruction, or lessons conducted on the site. (5) Sale of artistic or craft works which were created on the site, such as pottery,
jewelry, dolls, portraits, paintings, sculptures, etc. (6) Sale of planta anli pF9dwG9 gF9wn en th9 PFBRli898 AGRICULTURAL PRODUCTS GROWN, RAISED OR PRODUCED ON THE PREMISES. AGRICULTURAL
PRODUCTS INCLUDE RAW VEGETABLES, FRUITS, HERBS, FLOWERS, PLANTS, NUTS, HONEY AND EGGS. VALUE-ADDED AGRICULTURAL PRODUCTS, WHICH ARE MADE FROM RAW AGRICULTURAL PRODUCTS GROWN, RAISED,
OR PRODUCED ON SITE, SUCH AS JAMS, JELLIES, OilS, VINEGARS, AND CHEESES, MAY ALSO BE SOLD. THE SALE OF AGRICULTURAL PRODUCTS AND VALUE-ADDED AGRICULTURAL PRODUCTS MAY BE CONDUCTED OUTDOORS
AS A PRODUCE STAND USE. Section 6: Sections 26-635, 26-636, and 26-637 are hereby added to Article VI. Supplementary Regulations: SECTION 26-635 FARMERS' MARKETS. FARMERS' MARKET USES,
AS DEFINED IN SECTION 26-123 AND WHERE AllOWED PER SECTION 26-204, SHAll COMPLY WITH THE FOllOWING REGULATIONS. A. TEMPORARY CANOPIES: TEMPORARY CANOPIES MAY BE AllOWED IN ORDER TO PROVIDE
PROTECTION FROM THE ELEMENTS FOR BOTH THE OPERATORS AND PRODUCTS. B. SIGNAGE: A FARMERS' MARKET IS PERMITTED TO HAVE ONE TEMPORARY SIGN OR BANNER, WHICH IS NON-IllUMINATED AND NO GREATER
THAN 50 SQUARE FEET IN SIZE. SUCH SIGN OR BANNER MUST BE lOCATED ON THE PREMISES AND MAY ONLY BE DISPLAYED WHEN THE MARKET IS IN OPERATION. C. HOURS OF OPERA TION: IN RESIDENTIAL ZONE
DISTRICTS, HOURS OF OPERATION FOR FARMERS' MARKETS SHAll BE RESTRICTED FROM 7 A.M. TO SUNSET. 24
D. SUBMITTAL TO COMMUNITY DEVELOPMENT DEPARTMENT: A SUBMITTAL WITH OPERATIONAL INFORMATION INCLUDING HOURS AND DAYS OF OPERATION, A PARKING PLAN, AND WRITTEN APPROVAL FROM THE OWNER
OF THE PROPERTY WHERE THE FARMERS' MARKET WILL OCCUR, IS REQUIRED FOR REVIEW AND APPROVAL BY THE COMMUNITY DEVELOPMENT DEPARTMENT.
SUCH SUBMITTAL MAY BE SUBMITTED AND REVIEWED THROUGH THE BUSINESS LICENSE APPLICATION PROCESS, AS REQUIRED PER CHAPTER 11, ARTICLE 2 OF THE CODE OF LAWS. SECTION 26-636 PRODUCE STANDS.
PRODUCE STANDS, AS DEFINED IN SECTION 26-123 AND WHERE ALLOWED PER SECTION 26-204, SHALL COMPLY WITH THE FOLLOWING REGULATIONS. A. LOCATION: PRODUCE STANDS MUST BE LOCATED ON PRIVATE
PROPERTY. B. PRODUCTS SOLD: AGRICULTURAL PRODUCTS SUCH AS RAW VEGETABLES, FRUITS, HERBS, FLOWERS, PLANTS, NUTS, HONEY AND EGGS ARE SOLD. VALUE-ADDED AGRICULTURAL PRODUCTS, WHICH ARE
MADE FROM RAW AGRICULTURAL PRODUCTS GROWN, RAISED, OR PRODUCED ON-SITE, SUCH AS JAMS, JELLIES, OILS, VINEGARS, AND CHEESES, MAY ALSO BE SOLD AT PRODUCE STANDS. STANDS. PRODUCTS SOLD
AT PRODUCE STANDS MUST HAVE BEEN PRIMARILY GROWN, RAISED, OR PRODUCED ON THE SAME PROPERTY WHERE THE STAND IS LOCATED. C. SEASONAL OPERATIONS: PRODUCE STANDS MAY OPERATE FOR UP TO 6
MONTHS OF THE YEAR. WHEN THE PRODUCE STAND IS NOT IN USE, IT MUST BE REMOVED AND STORED INDOORS. D. HOURS OF OPERA TlON: IN RESIDENTIAL ZONE DISTRICTS, HOURS OF OPERATION SHALL BE RESTRICTED
FROM 7 A.M. TO SUNSET. E. HOME OCCUPATION REQUIREMENT: WHERE A PRODUCE STAND IS LOCATED ON A PROPERTY WITH A RESIDENTIAL DWELLING UNIT, IT SHALL QUALIFY AS A HOME OCCUPATION AND MUST
COMPLY WITH THE REGULATIONS IN SECTION 26-613. F. SIGNAGE: PRODUCE STANDS OPERATING AS HOME OCCUPATIONS SHALL BE ALLOTTED ONE NON-ILLUMINATED SIGN UP TO 2 SQUARE FEET IN SIZE, AS DEFINED
IN SECTION 26-709. ALL OTHER PRODUCE STANDS ARE PERMITTED TO HAVE ONE NON-ILLUMINATED SIGN UP TO 6 SQUARE FEET IN SIZE WITH A MAXIMUM HEIGHT OF 5 FEET. THE SIGN MAY NOT BE DISPLAYED
WHEN THE STAND IS NOT IN OPERATION. 25
G. PARKING: TEMPORARY OFF-STREET PARKING IS REQUIRED IF THERE IS NOT ADEQUATE ON-STREET PARKING ON ADJACENT STREETS. SECTION 26-637 URBAN GARDENS. URBAN GARDENS, AS DEFINED IN SECTION
26-123 AND WHERE ALLOWED PER SECTION 26-204, SHALL COMPLY WITH THE FOLLOWING REGULATIONS. A. S/GNAGE: EACH URBAN GARDEN IS PERMITTED ONE NON-ILLUMINATED SIGN UP TO 6 SQUARE FEET IN SIZE,
WITH A MAXIMUM HEIGHT OF 5 FEET. B. LANDSCAPE BUFFER: WHERE URBAN GARDENS DIRECTLY ABUT A RESIDENTIALLY OR AGRICULTURALLY ZONED LOT WITH A RESIDENTIAL USE, THERE SHALL BE A MINIMUM 5-FOOT
LANDSCAPED BUFFER BETWEEN THE GARDEN OR FARM AREA AND THE PROPERTY LINE. C. PARKING: ON-SITE PARKING MAY BE REQUIRED IF THERE IS NOT ADEQUATE ON-STREET PARKING ON ADJACENT STREETS. A
PARKING PLAN SHALL BE INCLUDED IN THE SUBMITTAL TO THE COMMUNITY DEVELOPMENT DEPARTMENT, AS REQUIRED IN G. BELOW. WHERE ONSITE PARKING IS PROVIDED, THE AREAS USED FOR PARKING AND ACCESS
TO PARKING SHALL BE SURFACED WITH DURABLE AND DUSTLESS MATERIALS INCLUDING CONCRETE, ASPHALT, COMPACTED CRUSHED STONE, COMPACTED GRAVEL, RECYCLED ASPHALT, OPEN AND CLOSED PAVERS OR SIMILAR
MATERIALS. THE PARKING AREA SHALL BE BUILT SO THAT MATERIALS USED IN THE PARKING SURFACE STAY CONTAINED WITHIN THE PARKING PAD, THROUGH THE USE OF CURBS, RAILROAD TIES, ETC. D. PERMITTED
STRUCTURES: PRIMARY AND ACCESSORY STRUCTURES ARE ALLOWED. ACCESSORY STRUCTURES SUCH AS SHEDS AND GREENHOUSES ARE PERMITTED WHETHER OR NOT THE LOT CONTAINS A PRIMARY OR MAIN STRUCTURE.
ALL STRUCTURES SHALL COMPLY WITH THE REGULATIONS FOR PRIMARY AND ACCESSORY STRUCTURES, INCLUDING MAXIMUM SIZE, HEIGHT, AND SETBACKS, FOR THE PROPERTY'S ZONE DISTRICT. E. HOURS OF OPERA
TION: IN RESIDENTIAL ZONE DISTRICTS, URBAN GARDENS ARE PERMITTED TO OPERATE FROM 7A.M. TO SUNSET AND ANY EXTERIOR LIGHTING MUST BE SHUT OFF AT SUNDOWN. EXTERIOR LIGHTING IN ALL ZONE
DISTRICTS SHALL COMPLY WITH THE EXTERIOR LIGHTING STANDARDS IN SECTION 26-503. 26
Section 7: The Table of Uses in Section 26-11 11 of the Code are amended to read: Permitted Uses Use Group MU-C MU-C MU-CTOD MU-N Interstate Residential Assisted living facility P P
P P Dwelling, single detached NP NP NP P Dwelling, sing le attached P P P P Dwelling, duplex P NP NP P Dwelling, multiple P P P P Dwelling, live/work P P P P Foster care home NP NP NP
P Residential group home P P P P Public, Civic, and Institutional Community build ings and cultural facilities, including libraries, P P P P museums, and art galleries Hospital C C C
NP Parks, open space, playgrounds, P P P P and plazas Place of worship P P P P Public uses and buildings P P P P Recreation facilities, indoor and P outdoor P P P Schools, public and
private; colleges, universities, and trade P P P P schools Utilities, major NP NP NP NP Utilities, minor P P P P URBAN GARDENS (SEE §26--637) P P P P Transit stations, public or private
C C C C Commercial Services and Retail Adult entertainment NP NP NP NP Animal daycare, indoor with no P P P P outdoor runs or pens Bail bonds (per §26-634) C C NP NP Banks and financial
institutions, no drive-through or drive-up P P P P Banks and financia l institutions, C with drive-through or drive-up P C C Bars, taverns, and night clubs P P P P 27
Permitted Uses Use Group MU-C MU-C MU-C TOO MU-N Interstate Bed and breakfast P P P P Car washes NP C NP NP Day care center, child and adult P P P P Drive-up or drive-through uses C
P C C (per §26-11 06. E) Eating establishment, sit down P P P P Eating establ ishment, drive-C P C C through or drive-up Fast food eating establishment, C P C C drive-through or drive-up
Motor fueling stations C C NP C Motor vehicles sales, outdoor NP NP NP NP display Motor vehicle sales, indoor display P P C C Outdoor storage NP NP NP NP Pawn brokers NP NP NP NP Personal
services P P P P Photocopying and printing P P P P PRODUCE STANDS (SEE §26-636 AND §26-613 FOR HOME P P P P OCCUPATIONS) Recreation facilities, commercial P P P P Repair, rental and
servicing of C automobiles, no outdoor storage P C C Retail sales -up to 20,000 gsf for one tenant space P P P P Retail sales -up to 60,000 gsf for one tenant space P P C C Retail sales
-over 60,000 gsf for C C NP NP one tenant space URBAN GARDENS (SEE §26-637) P P P P Veterinary clin ics and hospitals, P P P P no outdoor runs or pens Hospitality and Entertainment Art
studios and galleries P P P P Hotels, motels, and extended stay lodging P P P P 28
Pennitted Uses Use Group MU-C MU-C MU-CTOD Interstate MU-N Studios, including art, music, dance, television and radio P P P P broadcasting stations Theaters P P P P Office and Industrial
Medical and dental clinics P P P P Offices P P P P Office-warehouse, no outdoor storage C C C NP Outdoor storage NP NP NP NP Restricted light industrial C C C NP Wholesale C C C C Ancillary
Uses Parking facilities P P P P Temporary Uses Special events, including festivals and farmers markets. FOR P P P P FARMERS' MARKETS, SEE § 26~35 Key: P = Permitted . . C = Conditional
Use (see § 26-1117) NP = Not Permitted Section 8: Table 1 in Section 26-709 of the Code is amended to include the following sign types: TABLE INSET: TABLE 1. SIGN STANDARDS IN RESIDENTIAL,
AGRICULTURAL, AND PUBLIC FACILITIES ZONES (R-1 , R-1A, R-1B, R-1C, R-2, R-2A, R-3, R-3A, A-1 , A-2, PF) MAXIMUM MAXIMU MINIMU OTHER TYPE OF ALLOWE PERMIT SIZE AND M M REQUIREMENT SIGN
D REQUIRED HEIGHT PER NUMBER SETBAC S SIGN K 13. Miscellaneous MAY NOT BE Q. ILLUMINATED. NO LARGER 1 PER MAY ONLY BE FARMER YES THAN 50 FARMER ON DISPLAY S' NO SQUARE S' NONE WHEN THE
MARKET FEET. MARKET MARKET IS IN SIGN OPERATION. SEE§26~35 29
TABLE 1. SIGN STANDARDS IN RESIDENTIAL, AGRICULTURAL, AND PUBLIC FACILITIES ZONES (R-1, R-1A, R-1B, R-1C, R-2, R-2A, R-3, R-3A, A-1 , A-2, PF) MAXIMUM MAXIMU MINIMU TYPE OF ALLOWE PERMIT
SIZE AND M M OTHER SIGN D REQUIRED HEIGHT PER NUMBER SETBAC REQUIREMENT SIGN K S WHERE PRODUCE STAND IS A HOME OCCUPATION, THE SIGN MAY NOT BE MUST MEET ILLUMINATED. NO FOR REQUIREMEN
MAY ONLY BE R. TEMPORARY TSFORHOME ON DISPLAY PRODUC FREESTANDI OCCUPATION 1 PER DURING ESTAND YES NGSIGNS. SIGNS INF. STAND 5 FEET MONTHS SIGN YES FOR ALL OTHER WHEN THE PERMANENT PRODUCE
PRODUCE WALL SIGNS. STANDS MAY STAND IS HAVE ONE OPERATIONAL SIGN UPT06 . SEE § 26-636 SQUARE FEET IN SIZE AND UP TO 5 FEET IN HEIGHT. MAXIMUM S. SIZE OF 6 URBAN SQUARE FEET MAY NOT
BE GARDEN YES YES AND 1 5 FEET ILLUMINATED. SIGN MAXIMUM SEE § 26-637 HEIGHT OF 5 FEET Section 9: Table 1 in Section 26-710 of the Code is amended to include the following sign types:
TABLE INSET: TABLE 1. SIGN STANDARDS IN COMMERCIAL, INDUSTRIAL AND MIXED USE DISTRICTS (NC, RC, C-1, C-2, I) MAXIMU MSIZE MAXIMUM MINIMUM OTHER TYPE OF ALLOWED PERMIT AND SETBACK REQUIREMENTS
SIGN REQUIRED HEIGHT NUMBER PER SIGN 13. Miscellaneous 30
TABLE 1. SIGN STANDARDS IN COMMERCIAL, INDUSTRIAL AND MIXED USE DISTRICTS (NC, RC, C-1, C-2, I) MAXIMU M SIZE MAXIMUM TYPE OF ALLOWED PERMIT AND MINIMUM OTHER SIGN REQUIRED HEIGHT NUMBER
SETBACK REQUIREMENTS PER SIGN MAY NOT BE ILLUMINATED. Q. NO MAY ONLY BE FARMERS LARGER 1 PER ON DISPLAY • MARKET YES NO THAN 50 FARMERS NONE WHEN THE MARKET IS IN SIGN SQUARE • MARKET
OPERATION. FEET. SEE§ 26-635 MAXIMU MSIZE MAY NOT BE NO FOR OF6 ILLUMINATED. TEMPORARY SQUARE MAY ONLY BE R. FREESTANDIN FEET ON DISPLAY PRODUCE YES GSIGNS. YES AND 1 PER 5 FEET DURING
STAND FOR MAXIMU STAND MONTHS WHEN SIGN PERMANENT M THE PRODUCE WALL SIGNS. HEIGHT STAND IS OF5 OPERATIONAL. FEET. SEE § 26-636 MAXIMU MSIZE OF6 SQUARE S. URBAN FEET MAY NOT BE GARDEN
YES YES AND 1 5 FEET ILLUMINATED. SIGN MAXIMU SEE § 26-637 M HEIGHT OF5 FEET Section 10: Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is
promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety and welfare of the public and that this Ordinance is necessary for
the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be attained. Section 11: Severability; 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 31
not be affected thereby. All other ordinances or parts of the ordinances in conflict with the provisions of this ordinance are hereby repealed . Section 12: 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 9th day
of May, 2011 , ordered published with Public Hearing and consideration of final passage set for Monday, May 23rd, 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 5 to _2_, this 23reay of May ,
2011 . SIGNED by the Mayor on this ___ --::_Ma--'-y_ ____, 2011. First Publication: May 12, 2011 Second Publication: --:-"Ma""YL..f.2",6.L' --'2""0C!.1.!..1 ___ _ _ Wheat Ridge Transcript
Effective Date: June 10. 2011 32