HomeMy WebLinkAboutOrdinance 1821 - Freestanding Emergency DepartmentsCITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER OHM
Council Bill No. 08
Ordinance No. 1821
Series of 2025
TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT
RIDGE CODE OF LAWS REGARDING FREESTANDING EMERGENCY
DEPARTMENTS
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. §§ 31-15-501 and 31-23-
301, et seq., 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, pursuant to this authority, the Council previously adopted regulations
concerning freestanding emergency room facilities, codified within Chapter 26 of the
Wheat Ridge Code of Laws (“Code”); and
WHEREAS, City Staff have recommended certain amendments to code section 26-
643 and the table of uses in code section 26-1111 to conditionally allow freestanding emergency departments in the Mixed Use-Commercial (MU-C) zone district; and
WHEREAS, the Council finds that these amendments are necessary to ensure the
continued effective regulation of freestanding emergency departments within the City.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO:
Section 1. Section 26-643 of the Code, regarding freestanding emergency
departments is hereby amended as follows:
Sec. 26-643. - Freestanding emergency room facilities departments.
C. For purposes of this section, freestanding emergency room facilities
departments shall mean and include a medical facility that is not physically attached to a hospital facility that has the capability of providing medical care and services to patients
with emergency medical conditions in a manner similar to emergency rooms located within hospitals. Features of a freestanding emergency room facility department may
include, but are not limited to, expanded hours of operation, drive-lanes or vehicle bays to
accommodate ambulance arrivals and departures, board-certified emergency physicians,
board-certified emergency nurses, on-site lab and imaging capabilities and similar
equipment, services and treatments not commonly available in urgent-care facilities.
D. The use of freestanding emergency room facilities, as defined in this section, is strictly prohibited in all zone districts within the city. Where permitted by the
table of uses in sections 26-204 and 26-1111, freestanding emergency departments
must be on a site of at least five (5) acres in size and co-located exclusively with other
medical uses (such as office, clinic, and laboratory uses) to create a medical campus.
Section 2. Subsection 26-204.C of the Code is hereby amended in the “Table of
Uses—Commercial and Industrial Districts” by modifying the use name and leaving the
remaining cells empty (meaning not permitted):
Uses Notes NC RC C-1 C-2 I-E
[…]
Freestanding
emergency room
facilities departments
Section 3. Subsection 26-1111.B of the Code, regarding permitted uses in the mixed use zone districts, is hereby amended as follows:
Use Group MU-C MU-C
Interstate MU-C TOD MU-N
[…]
Public, Civic, and Institutional
Freestanding emergency
room facilities departments (see § 26-643) NP C NP NP NP
Section 17. Safety Clause. The City of Wheat Ridge 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 18. 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 19. Effective Date. This Ordinance shall take effect fifteen (15) days
after final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 12th day of May 2025, ordered published by title in the newspaper and in full on the City’s
website as provided by the Home Rule Charter, and Public Hearing and consideration on
final passage set for June 9, 2025 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 7 to 1, this 9th day of June 2025.
SIGNED by the Mayor on this11th day of June 2025.
______________________________
Bud Starker, Mayor
ATTEST:
____________________________________
Margy Greer, Senior Deputy City Clerk
Approved as to Form
___________________________
Gerald E. Dahl, City Attorney
First Publication: May 13, 2025
Second Publication: June 10, 2025 Effective Date: June 25, 2025
Jeffco Transcript and www.ci.wheatridge.co.us