HomeMy WebLinkAboutOrdinance 2012-1518
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER POND COUNCIL BILL NO. 14 ORDINANCE NO. L518 Series of 2012 TITLE: AN ORDINANCE AMENDING SECTION 26-603 OF CHAPTER 26 OF THE
WHEAT RIDGE CODE OF LAWS, CONCERNING REGULATION OF SIGHT DISTANCE TRIANGLES AND SWIMMING POOL FENCES 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 of the City of Wheat Ridge has previously enacted Chapter 26 of the Wheat Ridge Code of Laws (the "Code") pertaining to zoning, land use, and development;
and WHEREAS, the Wheat Ridge City Council ("Council") has previously enacted regulations concerning the location and measurement of the sight distance triangle and clear zone; and WHEREAS,
the City has identified a need to update the vertical clear zone dimensions to align with national standards; and WHEREAS, the City has further identified a need to standardize the method
of measurement for sight distance triangles and the clear zone; and WHEREAS, the zoning and building codes need to align as they relate to fencing and access for swimming pools and spas.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Subsection 26-603.8 of the Code, concerning sight distance triangle requirements, is
hereby amended as follows: B. Sight distance triangle requirement. Where propertv abuts the intersection of two streets: the intersectjon of ap alley and a street or the intersection
of a driveway and a street. unobstructed yiew shall be provided and maintained at all times within the sight djstance triangle and clear zone as described in this subsection. 1. No di¥isional
fenoo, wall, hedge or landscaping, sign, structure, parked •;ehicle, or other obstruction to ¥iew in e>Ecess of forty l\No (42) inches high, e>Ecept for permitted landscaping, signs,
public public utility poles. and appro¥od docorati¥e, open type fences not in e>Eooss of si>E (6) feet in height, shall be established or 1
maintained within tho triangular area bounded by tho lot lines and a line sonnosting points on oash lot line either twenty fi¥o (25) feet from tho intersestion of sush lot lines for
losal and pri¥ato streets or fifty fi¥o (55) feet from the intersoGtion of sush lot lines for sollostor or arterial streets. Tho height shall be limited to thirty six (J6) in shes at
intorsostions •.vhoro at least one (1) of tho intorsosting streets is an arterial or sollostor (Class 1 through 5 streets) and frontage roads. For sornor lots bounded by publis streets
or pri¥ato dri•tos with 'tortisal GUF\'OS and whore tho applisation of tho standard sight triangle regulations does not pro¥ido adequate sight slearanoo to protest the publis safety,
tho sity shall determine tho nesossary vertisal height sloaranoo and the sight triangle dimensions in order to ensure a safe sight distanse. 2. Tho same height limitations shall apply
to tho intersestion of dri•toways and publis streets, oxsept that the sight distanso triangle may be rodusod to fifteen (15) feet. Street trees required by seGtion 26 502 and signs allowed
by artisle VII may be permitted within the regulated sight distanse triangle; pro¥ided that the area boPneon thirty six (J6) or forty two (42) inshes, whisho¥er is applisable, and eighty
four (84) inshos high is maintained free and sloar of obstrustion; and further pro\•ided that a sign pole does not exceed one (1) foot in diameter. J . The sight distanse requirement
at tho intersestion of an alley with any street shall be fifteen (15) feet measured along the street right of way and fifteen (15) foot measured along the alloys. Fonsos, landssaping
and other potential obstrustions to ¥iew losated within these sight distance triangles shall be limited in height to forty two (42) inshos, unless tho intersesting street is an arterial
or sollestor (Class 1 through 5 streets), in whish sase the height shall be limited to thirty six (J6) inshos. 4. Tho \'ertisal slearance distanso for dri\'e1.vays shall be measured
from the edge of tho dri'IO'nay or surb sut at tho right of way line, and for street sorners or alloys from the flowline, or if no surb exists, from edge of pa¥emont. Tho following shart
and drmving illustrate the minimum unobstrusted sight triangles. See Figure 26 60J.1. Arterial or Collector hecat Maximum Fioight of Gbstrustion In o ..... ,.., i r.ol'l Cinh+ Tri· ••
Corner bot ~ ~ ·-··:;,·~ ... r\ri''""' , ... J6" all uses 42", unless SF or duplex, then no , .... ,.., . •• Figure 26 603.1 Sight DistaRGe TFiaRgles AUey ~ ~ 2
1. Siaht distance triangle. The sight distance triangle is the horizontal area at the intersection of two streets: a street and an alley: or a street and a driyeway. Jwo sjdes of the
triangle are measured from the corner intersection along the curb and gutter flow line. or if no curb exists. from the edge of pavement. for a distance specified below: a. Streets. collector
or arterial: 55 feet b. Streets. local or private: 25 feet c. Alleys: 15 feet d. Driyeways: 15 feet The third sjde of the trjangle is a line across the corner joining the other two sides.
Where an intersection has rounded corners. the sides will be extended in a straight line to a point of intersection. as shown in Figure 26-603.1. ·-·-·----·-' ·-·-·--L-._~-. 15' 15 t.
-.--. -·-. -·-·-·-·-·-. -1 v r t ,.I, (_} Driveway -... 15' • I 15 ' I ill • .I I Property Linel. • 55, · -·-· ---·-· -· --·-·-·.-..·_-L_~J~ ! 15' L Flow Line /Edge of Pavement 25' Local
Street Figure 26-603.1 -Sight Distance Triangle .~... Vl IV ·;::: .Q...l < .0_ 0 ti ~ 0 u u 2. Vertical clear zone. The vertical clear zone is the area aboye a sight distance triangle
in which obstructions shall be minimized to provide a clear yiew. a. Height, The clear zone is measured vertically from the curb and gutter flow line. or if no curb exists. from the
edge of pavement. If the intersection 3
jncludes a collector or arterial street. the clear zone is the area between a height of 36 and 96 inches. for all other intersections. the clear zone is between 42 and 96 inches. See
figure 26-603.2. b. Obstructions Prohibited. The clear zone shall be free of obstructions. including but not limited to fences. walls. landscaping. signs. structures. tree canopies or
parked vehicles. ., c. Exceptions. Certain obstructions may be approyed by the djrector of public works (or his/her designee) to be located within the clear zone. These may jnclude:
i. Approved decorative open tvpe fences that are at least 80% open: ii. Approved landscaping. such as street trees: iii. Approyed signs. such as pole signs with a diameter of less than
12 inches: iv. Public utilitv poles: v. Obstructions in the driveway sight triangle for single and two family homes on local streets. ,, 36" or 4r I 96" -...: -cLEAR z 0 N E ,,II i _,
-r-1 .l.. f.~'-·-:.lLL.~LJ.L.-~1!!-L-:.-... ......,1~. .,..,. II 1-.--·---· ) --... ---·-·-_4_'. ..I. -·--·_ ...._ --·-·------Property Line t Fiow Line /Edge of Pavement Figure 26-603.2
-Clear Zone ~ 3. Signalized intersections. At signalized intersections, where both streets are either collectors and/or arterials, the required sight distances shall be governed by the
standards set forth in the most current edition of the policy on geometric 4
design of highways and streets, published by the American Association of State Highway and Transportation Officials (AASHTO). $:. 4. Authority of (he director of oyplic works. For other
signalized intersections involving local streets, the director of public works (or his/her designee) is authorized to permit modifications to the sight triangle requirements for special
circumstances in accordance with the standards set forth in the most current edition of the policy on geometric design of highways and streets, published by the American Association
of State Highway and Transportation Officials (AASHTO). For corner lots bounded by public streets or private drives with yertical curves and where the application of the standard sight
trjangle requlatjons does not proyjde adequate sjght clearance to protect the public safety. the director of public works (or his/her designee) shall determine the necessarv vertical
height clearance and the sight triangle djmensions ip order to ensure a safe sight distance. Section Section 2. Subsection 26-603.G.2 of the Code, concerning swimming pool fences, is
hereby amended as follows: 2. For all swimmipg pools, hot tybs. spas. and similar aquatic facilitjes (including in-and above-ground). required fences and barriers shall conform to the
requirements of the International Resjdential or Building Code. as applicable, Swimming pools shall be enclosed by a si* foot fence, with all gates being self locking and closed and
kept locked when the pool is not in use. In situations where the si* foot fence requirement e)(ceeds other fence height requirements, e)(cept for sight distance requirements, the higher
requirement shall control. Section 3. 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 4. 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 not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby
repealed. Section 5. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. 5
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 13th day of August, 2012, ordered it published with Public Hearing and consideration on final passage set for
Monday, August 27, 201 2, at 7:00 o'clock 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 _8_ to _o_, this 27thday of August, 2012. SIGNED by the Mayor on this __ 2_8_th_ August 2012 ----------------·
. ATIEST: ?{!Jj(£)$ Gerald Dahl, City Attorney 6