HomeMy WebLinkAboutOrdinance 1757 - Requests for InterpretationCITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER OHM
COUNCIL BILL NO. 04
ORDINANCE NO. 1757
Series 2023
TITLE: AN ORDINANCE AMENDING SECTION 26-115.E OF THE WHEAT RIDGE
CODE OF LAWS CONCERNING REQUESTS FOR INTERPRETATION BY
THE BOARD OF ADJUSTMENT
WHEREAS, the City of Wheat Ridge is a home rule municipality having all
powers conferred by Article XX of the Colorado Constitution; and
WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City,
acting through its City Council (the “Council”), is authorized to adopt ordinances for the
protection of the public health, safety, or welfare; and
WHEREAS, in the exercise of this authority the Council has previously adopted
Section 26-115.E of the Code of Laws which provides for requests for interpretation by
the Board of Adjustment of the meaning of words and terms in Chapter 26 of the Code
of Laws; and
WHEREAS, the Council wishes to impose a reasonable time limitation on the
right to request this relief from the Board of Adjustment by amending Section 26-115 of
the Code.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Section 26-115.E of the Code is amended to read:
E. Interpretations. The board of adjustment is empowered to hold
public hearings to decide upon requests for interpretation of certain of
the provisions of this chapter in such a way as to carry out their intent
and purpose. ANY SUCH REQUEST MUST BE FILED WITHIN
THIRTY (30) DAYS OF THE CITY DECISION INTERPRETING THE
RELEVANT CODE PROVISION. This authority shall extend only to
the following:
1. The basic intent and purpose of words, phrases or paragraphs as
applied to a specific proposal or instance.
2. Use of property as an "other similar use;" however in no instance
shall the board make an interpretation that a particular use may be
permitted in a zone district where that use is specifically enumerated
in a higher; that is more intensive, zone district.
3. Administrative decisions taken by the city engineer following final
approval by the planning commission or city council, as appropriate,
may be appealed to the board, which is empowered to reverse or
modify such decisions, in whole or in part, upon a showing by the
applicant that the effect of the director's decision would impose a
particular and unique hardship upon the owner of the subject property,
as distinguished from mere inconvenience, and which hardship has
not been created by any person presently having an interest in the
subject property.
Section 2. Severability, Conflicting Ordinances Repealed. If any section,
subsection, or clause of this 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 3. Effective Date. This Ordinance shall take effect immediately upon
adoption at second reading and signature by the Mayor, as permitted by Section 5.11 of
the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on
this 27th day of February 2023, ordered published in full in a newspaper of general
circulation in the City of Wheat Ridge, and Public Hearing and consideration on
finalpassage set for March 13, 2023, at 6:30 p.m., as a virtual meeting and in the
Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of 8 to 0, this 13th day of March 2023.
SIGNED by the Mayor on this 16th day of March, 2023.
_______________________________
Bud Starker, Mayor
ATTEST:
_________________________
Stephen Kirkpatrick, City Clerk Approved as to Form
_________________________
Gerald E. Dahl, City Attorney
First Publication: March 2, 2023
Second Publication: March 16, 2023
Effective Date: March 13, 2023
Published:
Jeffco Transcript and www.ci.wheatridge.co.us