HomeMy WebLinkAboutOrdinance 2012-1524CITY OF WHEAT RIDGE
INTRODUCED BY COUNCIL MEMBER POND
COUNCIL BILL NO. 22
ORDINANCE NO. 152'4
Series of 2012
TITLE: AN ORDINANCE AMENDING CHAPTER 26 CONCERNING THE
REVIEW PROCESS FOR PUBLIC SCHOOLS
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 City's current requirement for public schools to complete a
Special Use Permit does not comply with the Colorado Revised Statutes, Title 22; and
WHEREAS, the City wishes to amend Chapter 26 so that the review process for
public schools complies with state law.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1: Section 26-123 of the Code is amended to include the following new
definitions in appropriate alphabetical order:
SCHOOL, PRIVATE. ANY PRIVATE OR PAROCHIAL SCHOOL FOR ANY GRADES
BETWEEN KINDERGARTEN AND TWELFTH THAT IS NOT A PUBLIC SCHOOL
AND THAT IS EITHER ACCREDITED BY THE COLORADO DEPARTMENT OF
EDUCATION OR RECOGNIZED BY AND IN GOOD STANDING WITH THE
COLORADO DEPARTMENT OF EDUCATION. THIS TERM SHALL NOT INCLUDE
DAY CAMPS OR TRADE OR BUSINESS SCHOOLS.
SCHOOL, PUBLIC. ANY SCHOOL THAT DERIVES ITS SUPPORT, IN WHOLE OR
PART, FROM MONEYS RAISED BY A GENERAL STATE, COUNTY, OR DISTRICT
TAX AND THAT IS ACCREDITED BY THE COLORADO DEPARTMENT OF
EDUCATION. A PUBLIC SCHOOL SHALL ALSO INCLUDE A SCHOOL THAT
OPERATES UNDER A CHARTER CONTRACT ENTERED INTO PURSUANT TO THE
PROVISIONS OF ARTICLE 30.5 OF TITLE 22. C.R.S.
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Section 2: Section 26-123 of the Code is amended to delete the following definitions :
Ssheel, publis, pFivate aAd paFeshial. ARy fUibli&, pare&hial er private s&heel fer
aRy grades bet\tJeeR kiRdergarteR aRd t\tJelfth that is either a&&redited by the
Celerade DepartmeRt ef &du&atieR er re&egRized by aRd iR geed staRdiRg with
the Celerade DepartmeRt ef &du&atieR fer purpeses ef &empulsery edu&atieR
requiremeRts. This term shall Ret iR&Iude "trade er busiRess s&heels" er "day
&s."
Section 3: The Tables of Uses in Section 26-204 of the Code are amended to read:
Section 26-204. Zone district use schedule
Table of Uses-Residential
Uses Notes R-1 R-1A R-18 R-1C R-2 R-2A
One-family p p p p p p
dwelling
Two-family p p
dwelling
Three-family p
dwelling
Four-family p
dwelling
Multifamily
dwelling
Bed and breakfast See§ 26-608 s s s s s s
Church, parish s s s s s s
house
Day care home, s s s s s s
large
Electric s s s s s s
transmission
substation
Farmers' markets Not permitted as an p p p p p p
accessory use on
properties where the
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R-3 R-3A
p p
p p
p p
p p
p p
s s
s s
p p
s s
p p
Uses Notes R-1 R-1A R-18 R-1C R-2 R-2A R-3 R-3A
primary use is a single-or
two-family home.
Submittal to community
development department
required . See§ 26-635
Foster care home p p p p p p p p
Governmental and No outside storage p p p p p p p p
quasi-
governmental
buildings , fire
stations and public
utility buildings
Governmental and Outside storage s s s s s s s s
quasi-
governmental
buildings , fire
stations and public
utility buildings
Parking of Shall be allowed only on p p p p p p p p
automobiles of lots containing
clients , patients or nonresidential or quasi-
patrons of public uses , subject to §
adjacent 26-501C.4
commercial or
nonresidential
uses
Parking of Shall be allowed on lots s s s s s s s s
automobiles of adjacent to business only
clients , patients or if the business owner also
patrons of owns the adjacent lot
adjacent
commercial uses
Parks Includes: Noncommercial p p p p p p p p
playgrounds or other
public recreation uses
Produce stands See§ 26-636 . Where p p p p p p p p
located on a lot with a
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Uses Notes R-1 R-1A R-18 R-1C R-2 R-2A R-3 R-3A
residential dwelling unit,
must meet home
occupation regulations
per§ 26-613
Public or private Restaurants , lounges and s s s s s s s s
golf courses , bars permitted as
country clubs or accessory to a public or
clubs operated for private golf course
the benefit of
members only and
not for gain
PuiJiis aRct s s s s s s s s
pFi,~ate ssheels,
sellagas aRct
uRi¥aFSi,ias.
Residential group See§ 26-612 s s s s s s s s
home for children
Residential group See§ 26-612 p p p p p p p p
homes , nursing
homes, and
congregate care
facilities for 8 or
fewer elderly
persons
Residential group See§ 26-612 s s s s s s s s
homes , nursing
homes , or
congregate care
facility for 9 or
more elderly
persons
SCHOOLS FOR CONDUCTED ENTIRELY ~ ~ ~ ~ ~ ~ ~ ~
INDUSTRIAL OR WITHIN AN ENCLOSED
BUSINESS BUILDING
TRAINING 1
INCLUDING
VOCATIONAL
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Uses Notes R-1 R-1A R-18 R-1C R-2 R-2A R-3 R-3A
TRADE OR
PROFESSIONAL
SCHOOLS AND
COLLEGES AND
UNIVERSITIES
SCHOO LSi MUST COMPLETE SITE f f f f f f f f
PUBLIC PLAN REVIEW
(KINDERGARTEN PROCESS PER § 26-111
THROUGH
TWELFTH INCLUDES THOSE
GRADE) ACCESSORY USES
COMMONLY
ACCEPTED AS
NECESSARY THERETO
WHEN LOCATED ON
THE SAME PREMISES.
SCHOOLS: INCLUDES: THOSE § § § § § § § §
PRIVATEj ACCESSORY USES
(KINDERGARTEN COMMONLY
THROUGH ACCEPTED AS
TWELFTH NECESSARY THERETO
GRADE) WHEN LOCATED ON
THE SAME PREMISES
SCHOO LSi INCLUDES: THOSE § § § § s § § §
COLLEGES AND ACCESSORY USES
UNIVERSITIES COMMONLY
WITH OUTDOOR ACCEPTED AS CAMPUS NECESSARY THERETO
WHEN LOCATED ON
THE SAME PREMISES
Urban gardens See§ 26-637 p p p p p p p p
Wind powered Not in excess of 35 feet s s s s s s s s
electric generators
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Table of Uses-Agricultural and Public Facilities
Uses Notes A-1 A-2 PF
Bed-and-breakfast Subject to requirements set forth in § s s
26-608
Cemeteries and Not including funeral homes s s
crematories
Churches parish s s
houses
Day care home, large s s
Day care center, large s s
Day care center, small s s
Dog kennels , Provided that outside runs which are s s
catteries , veterinary adjacent to residentially zoned or used
hospitals property are no closer than 25 feet to a
side or rear lot line
Electric transmission s s
substations
Farmers' markets Submittal to community development p p p
department required. See § 26-635
General farming and PROHIBITED in A-1 : The raising or p p
raising or keeping of keeping of swine
stock, bee keeping ,
INCLUDED in A-2 : The keeping of poultry or small
animals such as swine and/or potbellied pigs, Sus
rabbits or chinchillas Scrota Vittatus , except such animals
shall not be fed garbage
Foster care home p p
Fish hatcheries p p
Governmental and No outside storage p p p
quasi-governmental
buildings , fire stations
and public utility
buildings
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Uses Notes A-1 A-2 PF
Governmental and Outside storage s s p
quasi-governmental
buildings, fire stations
and public utility
buildings
Greenhouses and See§ 26-624 p p
landscape nurseries,
including both
wholesale and retail
sales of related
products
One-family dwelling p p
Parks Includes noncommercial playgrounds p p p
or other public recreation uses
Produce stands See § 26-636. Where located on a lot p p p
with a residential dwelling unit, must
meet home occupation regulations per
§ 26-613
Pu~li& aA~ pFi¥ate lA pu~lis fasility ~istFi&t eAiy pu~li& $ $ p
ss~eels 1 selleges, ss~eels
aA~ uAi¥eF&ities
Public or private golf Not including a private club which s s
courses, country clubs provides service customarily carried on
or clubs operated for as a business
the benefit of
members only and not
for gain
Race track, fair s s
grounds, amusement
resorts, heliports,
radio towers and
stations
Residential group See§ 26-612 p p
homes for 8 or fewer
elderly persons
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Uses Notes A-1 A-2 PF
Residential group or See§ 26-612 s
nursing homes, or
congregate care
facilities for 9 or more
elderly persons
SCHOOLS FOR CONDUCTED ENTIRELY WITHIN AN § § §
INDUSTRIAL OR ENCLOSED BUILDING
BUSINESS
TRAINING.
INCLUDING
VOCATIONAL
TRADE OR
PROFESSIONAL
SCHOOLS AND
COLLEGES AND
UNIVERSITIES
SCHOOLSj PUBLIC MUST COMPLETE SITE PLAN f f f
fKINDERGARTEN REVIEW PROCESS PER § 26-111
THROUGH
TWELFTH GRADE) INCLUDES THOSE USES
COMMONLY ACCEPTED AS
NECESSARY THERETO WHEN
LOCATED ON THE SAME
PREMISES.
SCHOOLSj PRIVATE INCLUDES: THOSE ACCESSORY § § §
(KINDERGARTEN USES COMMONLY ACCEPTED AS
THROUGH NECESSARY THERETO WHEN
TWELFTH) LOCATED ON THE SAME
PREMISES
SCHOOLSj INCLUDES: THOSE USES § § s
COLLEGES AND COMMONLY ACCEPTED AS
UNIVERSITIES WITH NECESSARY THERETO WHEN
OUTDOOR CAMPUS LOCATED ON THE SAME
PREMISES
Residential group See§ 26-612 s
homes for children
Riding academies and Provided that any structure housing p p
animals which is adjacent to a
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Uses Notes A-1 A-2 PF
public stables residentially zoned or used property
shall be no closer than 25 feet to a side
or rear lot line
Urban gardens See§ 26-637 p p p
Wind-powered electric s s
generators not in
excess of 35 feet.
Table of Uses-Commercial and Industrial Districts
Uses Notes NC RC C-1 C-2 1-E
Schools for Conducted entirely within an enclosed f s s
industrial or building f f
business tra ining ,
including vocational
trade or professional
schools,-AND
COLLEGES AND
UNIVERSITIES
SCHOOLS; MUST COMPLETE SITE PLAN p f f p p
PUBLIC REVIEW PROCESS PER § 26-111
(KINDERGARTEN
THROUGH
TWELFTH GRADE) INCLUDES: THOSE USES
COMMONLY ACCEPTED AS
NECESSARY THERETO WHEN
LOCATED ON THE SAME PREMISES
Schools : Publis; INCLUDES: Those uses commonly s s s p p
PRIVATE accepted as necessary thereto when
(KINDERGARTEN located on the same premises
THROUGH
TWELFTH GRADE)
SCHOOLS; INCLUDES: THOSE USES §. §. §. f f
COLLEGES AND COMMONLY ACCEPTED AS
UNIVERSITIES NECESSARY THERETO WHEN
WITH OUTDOOR LOCATED ON THE SAME PREMISES
CAMPUS
Section 4: Safety Clause . T he City Council here by f inds , determines, and declares
that this Ord inance is promulgated under the general pol ice power of the City of Wheat
Ridge , that it is promulgated for the health , safety and welfare of the public and that this
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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 5: 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 the ordinances in conflict with
the provisions of this ordinance are hereby repealed.
Section 6: 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 24th day of September, 2012, ordered published in full in a newspaper of general
circulation in the City of Wheat Ridge, and Public Hearing and consideration on final
passage set for Monday, October 8, 2012 at 7:00p.m., in the Council Chambers, 7500
West 291h Avenue , Wheat Ridge , Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of_8_ to _0_, this 8th day of October , 2012.
ATTEST:
October 26, 20 12
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