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HomeMy WebLinkAboutOrdinance-1969-0011 - Zoning Adoption and EnforcementBY COUNCILMAN Eckhardt ORDINANCE NO. 11 Series of 1969 TITLE. AN ORDINANCE RELATING TO AND ADOPTING ZONING FOR THE CITY OF WHEAT RID=GE,REGULATING IN THE CITY; THE USE-OF LAND,, THE LOCATION, SIZE , BULK AND HEIGHT -OF BUILDINGS; THE SIZE OF LOTS'AND OPEN SPACES ABOUT BUILDINGS; AND THE DISTRIBUTION OF POPULATION;PROUIDING FOR - CHANGES IN THE REGULATIONS AND BOU_NDAR_IE_S OF SUCH DISTRICTS, AND PROVIDING FOR -ENFORCEMENT. BE IT ORDAINED BY THE CITY COUNCIL OF-THE CITY OF WHEAT RIDGE, COLORADOi Section 1: Purpose. This ordinance is enacted for the purpose of promoting the health, safety-;.morals, convenience, order, prosperity and welfare of the present and future inhabitants..of the.. City of Wheat Ridge, _ by lessening,of;cangestion in the streets or roads, - securing safety..from fire and other dangers providing light and air; avoiding undue congestion_pP population, facilitating the -adequate - provision of transportation, water, sewage, schools and and other public requirements; securing protection of the tax base; and by other means in accordance with a comprehensive plan. Section 2: Zoning Maps. The Jefferson County zoning maps which area part of the ordinance,. numbered 3, 4, 13 and 14, are designated as the City ❑f Wheat Ridge zoning maps and are hereby declared to he a part thereof, as they were in effect on November 16, 1969, and as the dis- tricts setforth are approved and adopted. Official maps shall be filed in the office of the. City Clerk and with the CountyPlanning Commission. Section 3: Zonin-g_Districts. In order to regulate the location, height, hulk and size of buildings. and other structures, the percentage of lot-which may be occupied, the size of lots, courts and other open spaces, the density and distribution of population, the location and uses of land, buildings and structuresFor trade, industry, residenceyrecrea- tion,-public activities or_other _purposes, the City of Wheat Ridge is - hereby divided into,the_following classes or districts: s R-1 Residential One District R-lA Residential One A District R-lB Residential One B_District _ R-2 Residential Two District R-3 Residential Three District _ R-3A Residential-Three,A District _ R-T Residential. Trailer District A-1 Agricultural One District A-2 Agricultural Two pistrict_ R-C1 Restricted Commercial One District.. R-C Restricted Commercial District C-1 Commercial One District C-2 Commercial Two District 1-1 Industrial One District 1-2 Industirsl_Two District 1-3 IndustrialThree -District 1-4 Industrial Four District,,,, Section 4: Residential One District. A. USE REGULATION No building or land_shall be used and. U building shall be hereafter erected, converted or structurally altered unless otherwise provided herein except for one or more, of the following uses: 1. One-family dwelling. 2. Private garage. 3. Truck gardening, nursery, non-commercial- conservatory - for plants and flowers;-farming (but not including-fur, farming and not including stockraising or dairying except as-provided in paragraph 6 below.) 4. Private poultry houses containing not more then four hundred (400)square feet of ground floor area; private rabbit and chinchilla - hutches containing not more than one hundred (100) square feet of ground floor area. - 2 - 5. Private stables for _not _more than four (4) horses; private barn for not more than two (2) animals such as sheep or milking-goats.- However, _the_total -number of animals as listed-.,,- above that may be kept is limited to one such animal for each-six thousand (6,ODO)_-square feet of lot=.-area, Private dog. kennels for not more than three (3) dogs. 6. Church or parish house-. 7. Public, parochial and private schools (but not including private vocational,- trade- or professional schools, or schools.for subnormal or mentally disturbed adults or children) preschool and day nurseries for infantsand children. 8. Public-library, public'-and.private nonprofit museum. 9. Public park, noncommercial playground, or other public recreational use. -Private golf,;course, country club or other, private club operated for benefit of members only:arid not for gain (but not including a-private club which provides a service cus- tomarily carried on as a business'.) 10. Deposit and/or excavation of sand, gravel, rock, earth minerals and other_similar.materials if approved by the Board of Adjustment. 11. If approved by the Board of Adjustment, Home Occupations. 12. SPECIAL USES: The-following uses shall be permitted only upon approval of the Planning Commission: a. Governmental buildings, fire stations, but .not including warehouses, storage-or repair. b. Telephone exchange, electric substations including electric transmission _and distribution- lines.or gas regulator station where no repair ' or storage facilities-are -maintained. c. Water supply reservoir, wells, water tower or . filter beds, irrigation canal. d. Railroad right-of-way, but not including freight yards, passenger station, switching or storage. 0. HEIGHT REGULATION 1. No building shall exceed thirty-.five (35) feet in height. C. AREA REGULATION 1. AREA AND MINIMUM WIDTH OF LOT: For every dwelling or----- other main building, erected or structurally altered, there shall be provided a minimum lot--area of not less than twelve thousand five 3 hundred (12,500) square feet. The minimum width-of such lotarea shall beone hundred (100) feet for_each _dwelling -or other main building where width of lot in all-cases is measured ;along a public street or at setback line from such public street. 2. FRONT YARD: The minimum depth of front yard for dwell ings_and- other main buildings shall he twent V.C20) feet when the front yard is adjacentto local or collector streets. The minimum depth front yard for dwellings and other main buildings shall be thirty (30)feet adjacent to amajor-arterial street (Major Road) asdesignated on the "Jeffarson_County:Major Thoroughfare Plan." The minimum depth of front yard forlots that front exclusively_ on the bulb of a cul-de-sac shall be ten (10) feet. See explanatory Diagram in Section 27, Figure 1. Private' garages shall have the same front yard as the dwelling or other main building to which they are accessory. _Accas.sory buildings housing livestock (including poultry-and rabbits) shall be . - - - set back at least ❑ne hundred (1DDj feet. from the ..front lot line. All.. other accessory buildings not otherwise listed, herein shall be set back at least seventy-five (75) feet from the front lot line. 3. SIDE YARDS: The minimum width of side yards for any - - building shall he fifteen (15 feet ❑n each side. The minimum width of side yard adjacent to -a local or collectdr_stieet shall-be twenty (20) feet. The minimum width of side yard adjacent-to a major arterial street (major road) as designated on the "Jefferson County Major Thoroughfare Plan" shall be thirty (30) feef=. 4. REAR YARD: The minimum depth of rear yard shall be five (5) feet. - SECTION 5: R-1R - RESIDENTIAL ONE A DISTRICT A. USE REGULATIONS No building or land shall be used and no building shall-be- hereafter erected, converted or structurally altered, unless other- wise provided herein, except for one or_mora of the following uses: 4 - • 1. One-family dwelling 2. Private Garage 3. Private kennels far not more than three (3) dogs, cats or other such pets, but not including horses, cows, sheep, goats or other such animals, and not including chickens, ducks, geese or other fowl. 4. Church or parish house. 5. Public and parochial school (but not including vocational trade or professional schools ❑r schools for subnormal or mentally disturbed adults or children), -prB-schD01 and- day nurseries for infants and pre-school children. 6. Public Library, public and private nonprofit museum. 7. Public park, noncommercial playgrounds or other public re-creatinnal use. Private golf course, country clubs or other private club operated for the benefit of members only and not for gain. 8. Deposit and/or excavation of sand, gravel, rock, earth, minerals and other similar materials if approved by the Board of Adjustment. 9. If approved by the Board of Adjustment as hereinafter provided in Section 25: Home Occupations. 10. SPECIAL USES: The following uses shall be permitted only upon approval of the Planning Commission: a. Governmental buildings, fire-stations, but not including warehouses, storage or repair b. Telephone exchange, electric subsiation'.including slectric.transmiesion and distribution lines or gas regulator station where no 'repair or storage facilities are maintained. c. Water supply reservoir, wells, water tower ❑r filter beds, irrigation canal. d. Railroad right-of-way, but not including freight yards, team tracks, atatinns;:switching dr storage. B. HEIGHT REGULATIONS _ 1. No building_shall exceed thirty five (35) feet in height. - 5 - C. AREA REGULATIONS • prr iii°~y 1. AREA AND MINIMUM WIDTH OF LOT: For every dwelling or other main building erected or-structurally altered, there shall be provided a minimum lot area of not less than nine thousand (9,000) square feet. The-minimum width for such-lot shall be seventy-five (75)-feet for each dwelling or other main building; except that - corner lots shall -not_beless than eighty(80) feet minimum width with a total minimum lot area of not less than nine thousand `six hundred (9,600) square feet; except this does not apply to-plats recorded prior to May 5, 1968. - 2. FRONT YARD The minimum depth of front yard for dwellings and_other_main buildings shall be twenty (20) feet when the-front--yard is adjacent--to local or collector streets. The minimum depth front yard for dwellings and other main- buildings shall be thirty (30) feet adjacent to a major-arterial street (major road) as designated on the "Jefferson County Major Thoroughfare Plan." The minimum depth of front yard for lots-that fr-ont exclusively. on the bulb of a cul-de-sac shall be ten (10) feat. See explanatory diagram in Section 25, Figure 1. Private garages shall have the same front yard as-the dwelling or other main building to which they are accessory. All other accessory buildings not otherwise listed herein shall be set back at least seventy-five (75) feet from the front lot.line. 3. SIDE YARD: There shall be provided a minimum total of fifteen (15) feet-of__side...yard, which at leastfive (5) feet shall be provided on the narrow side. The minimum width of side yard adjacent to a local or collector street shall be twenty .(20) feet.- This minimum wi:dt.h_.,.`. of side yard adjacent to a major arterial street (m-ajor road)as designated on-the °JeffersQn.County Major, Thoroughfare _Plan" shalt be thirty (30) feet. 4. REAR YARD: The minimum depth of rear yard shall be twenty (20) feet from the rear of main building and,no_tecendary-. structure shall be built_closer.than.five.(5).feet from rear lot line. 5. LOT COVERAGE OF BUILDINGS: Not more than twenty-five (25) percent of the area of a lot shall be covered by the main building and all accesspry_ buildings. SECTION 6: R-18 RESIDENTIAL ONE-B DISTRICT - 6 - EE REGULATION _ No building or land shall be used and_no-~_buildin_g shall be hereH.ftei _ erected, converted or-structurally altered. unless.other wise provided-herein, except for one or more.of the-following uses: 1. Any use permitted in the R-lA (Residential One-A) District HEIGHT -REGCATION 1. No building shall exceed thirty-five (35) feet in height. C. AREA REGULATIONS 1. AREA AND M MIMUM WIDTH OF LOT. For-every dwelling or other main building erected or structurally altered, there shall be provided a minimum lot area of not less than seven thousand five hundred (7,500) square--feet.- The minimum width for such lot shall be sixty (60) feet for each dwelling or_other-main -building; except that corner lots shall not be less than eighty (80) minimum.width. 2. FRONT YARD: The minimum depth of front yard for- dwellings and other main buildings shall be twenty (20) fast. when - - the front yard is adjacent-to local or collector streets.- .The - minimum-depth front yard for dwellings and other main buildings shall be thirty (30) feet adjacent to a majcr,arterial-street Cmajor road) as-designated on the "Jefferson County Major Thgroughfare:PlaPt11 , The minimum depth of front yard_for-lots that front exclusively on the bulb of a cul-de-sac.shall be-_ten_(10) feet..-.See explanatory--- _ diagram in Section 25, Figure 1. Private garages shall have thp_ same front yard as the dwelling or, other main building to which they are accessory. All other accessory buildings not otherwise listed herein shall be set back at least seventy-five (75) feet from the front l.dt.. line. 3. SIDE YARD: The minimumwidth of a side. yard for any building shall be five C3) feet on each aide. The -minimum width of side yard adjacent to a local or-collector street shall be twenty _ (20) feet. The minimum width of side yard adjacent to a major- -7 - arterial street (major road)-as-designated on,the "Jefferson County Major Thoroughfare Plan" shall be thirty (30) feet. 4. REAR YARD- The minimum-depth of rear yard shall be twenty (20) feet from rear of main building and no secondary structure shall be built closer than five „(5)-Test from_ rear Tot line.-- 5. LOT COVERAGE OF BUILDINGS., Not more than twenty-five- (25) percent of the area of a _lot shall-be covered by the, main building and all accessary.puildings. SECTION 7: R-2 RESIDENTIAL-TWO DISTRICT A. USE REGULATION No building or land shall be used and no-building shall, be hereafter erected, converted or structurally altered unless other.- wise provided-herein„except for one or more-of.the following uses, restricted, however- to .those areas_served,by.public water and sewer facilities. _ 1. Any-us-e permitted in the R-1 (Residential-One) District:.-- 2. Two-family dwelling S. HEIGHT REGULATION 1. No building shall exceed thirty-five (35) feet in height. C_. AREA REGULATIONS 1. AREA AND MINIMUM WIDTH OF LOT: For every one-family dwelling there shall.be provided a minimum _lot_area of not less than nine thousand-(9,000) square_feet; for two-family_dwellings and main buildings other than dwellings, there shall be provided a minimum lot area of not -less -than twelve thousand five hundred (12,500 square feet. The minimum width for such lot area shall be seventy- five (75) feet for each one-family -dwelling and not less than one hundred (100) feet for each two-family dwelling or main building other than.a_dwelling, where width of lot in all cases is measured - S along a public streetor at -setback-linefrom such.public street. Minimum width- of lot for-one-fam_tily.-dwelling on corner lpts_shall be eighty (80) feet; except this does not apply to plats recorded prior to May 6, 1958. 2. FRONT YARD: The minimum depth of-'front yard for dwellings-and other main_buildings,shall be twenty .(20) feet -.When , the front yard-is.adjacent to local or collector streets. The minimum depth front yard for dwellings and other main_buildzngs_shall be thirty-(30) feet adjacent to a.major arterial street (major road) as designated on the "Jefferspn Cou_n_ty,Major Thoroughfare Plan." The minimum depth of front yard for lots that front exolusivaly_, on the bulb of..a cul-de-sac shall-be-ten (1Q), feet-. See explanatory diagramin Section 29, Figure 1. Private garages shall have the same front yard as the dwelling or other main building towhich they are accessory. Accessory buildings housing livestock (includin_g poultry and rabbits) -shall beset back, at.,least one hundred (100) feet from the front lot line. All other accessorybuildings not otherwise listed herein shall beset back at-least Seventy-five (75). feet from the front lot line. 3. "SIDE YARD: For - one=family"and two-fartily dwellings and accessory buildings, there shall-be provided a minimum total of fifteen (15) feet of side yard, of which at least five- (5)-feet shall _ be provided on the narrowest, side., -Other main buildings shall be provided with a minimum side yard of tan (10) feet.on each_side._ The minimum width of side- yard adjacent to a-local or -collector street shall be twenty (201 feet. The minimum width.-of Side yard adjacent to a major arterial street (major road) as designated on the "Jefferson County -Major _Thoroughfare _Plan" shall be thirty (3O) feet. 4. REAR YARD: -The minimum depth of rear yard shall be five (5)--feet. - 9 - SECTION 8: R-3 RESIDENTIAL THREE DISTRICT A. USE REGULATION No building or land shall be used and no building shall be hereafter erected, converted or structurally altered unless other- wise provided herein except for one or'more of the following uses, restricted, however, to those areas served by public water and sewer facilities. 1. Any use permitted in the R-2 (Residential-Two) District. 2. Multiple-family dwelling. 8. HEIGHT REGULATION 1. None C. AREA REGULATION 1. AREA AND MINIMUM WIDTH OF LOT: The minimum lot area for a one-family dwelling shall be seven thousand five hundred (7,500) square feet, and the minimum lot area for a two-family house shall be nine thousand (9,000) square feet. The minimum lot'arse for any other building shall be twelve thousand five hundred (12,500) square feet; provided, however, that the minimum lot area for a multiple dwelling shall be not less than two thousand (2,000) square feet for each unit. The minimum width of lot far a.one-family dwelling shall be sixty (60) feet; the minimum width of lot for a two-family dwelling shall be seventy-five (75) feet; the minimum width of lot for any other main building shall be one hundred (100) feet. The minimum width of corner loti'shall be eighty (80) feet on all plats recorded subsequent to this date. 2. FRONT YARD: The minimum depth of front yard for dwellings and other main buildings shall be twenty (20) feet when the front yard is adjacent -to local or collector streets. The minimum depth front yard for dwellings and other main buildings shall be thirty (30) feet adjacent to a major arterial street (major road) as designated on the "Jefferson County Major Thoroughfare Plan." The minimum depth of front yard for lots that front exclusively on -10- 4% F • the bulb of a_-cul-de-sac_shall be ten (10) feet. -See Explanatory Diagram,in Section 27, Figure 1. No part of the front yard established by the required set back, may be usedfor off-street-parking. Accessory buildings shall, have the same front.yard as the dwelling or other main building to which they are accessory. - 3. SIDE YARD: The minimum width of side yards not adjacent to a street far a one-family dwelling or twa=family dwelling or multi-dwelling with not more than one story, shall be five (5) feet on each side. The minimum width of side yards not--adjacent to a street _for any other main building, shall be ten (10)-feet on each side.. - The minimum width of side yard adjacent to a-local or collector. street shall be twenty (20) feet.--The minimum width of side yard adjacent to a major arterial street (major road) as designated on the "Jefferson County Major Thoroughfare Plan" shall be thirty (30) feet. 4. REAR YARD The minimum depth of rear yard shall be five (5) feet; except that the minimum depth of rear yard for-multiple dwellings or main building other than a dwelling shell_be ten (10) - - - feet. - - 5. DISTANCE FROM DEEDED PUBLIC WAY. No building'designated- for occupancy by three (3) or more families shall be erected con- verted or structurally altered if such building or ahy part thereof is located more than.two_-hundred (200).feet from._a deeded public way upon-which the property has frontages SECTION 9A: R-3A . RESIDENTIAL THREE A DISTRICT A. USE-REGULATION No building or land shall be used and no building shall be hereafter -erected, converted or structurally altered unless otherwise . provided herein, except for one or more'of the following uses, restricted, however, to thos-e areaa served by public water and sewer facilities. - 11 - 1. Any use permitted in the R-18 (Resi- dential One 8) District. 2. Multiple-family dwellings, including duplexes. 3 .:-Homes for the ages, nursing homes, (but not including facilities for mentally disturbed or defectives, or for care and treatment of animals.)_ B. HEIGHT REGULATION 1. Thirty-five (35) feet. C. AREA REGULATION 1. AREA AND MINIMUM WIDTH OF LOT. The minimum lot area for a one-family dwelling shall be-seven-thousand five_twndred (7,500) square feat, and the minimum lot area for a two-family house shall be nine thousand (9,000) square feet. The minimum lot area for any other building shall be twelve thousand five hundred (12,500) square feet-; provided, however, that the minimum lot area for a multiple dwelling shall be not less than three thousand (3,000) square feat for each dwelling unit. The minimum width of lot for a one-family-dwelling shall be sixty-(60) feet; the minimum width of lot for a two-family dwelling shall be seventy-five (75) feet; the minimum width of lot for any other main building shall.be one..hundred (100) feet. The minimum width of corner lots shall be eighty (80) feet. 2., FRONT YARD: The minimum depth of front yard for dwellings and tither main buildings shall be twenty (20) feet when the front yard is adjacent to local or collector streets. The minimum depth front yard for dwellings and other main buildings shallbe thirty_ 00) feet adjacent to a major arterial street (major road) as designated on the,"Jefferson County Mayor Thoroughfare Plan." The minimum depth of front yard for lots that front exclusively on the bulb of a cul- de-sac shall be ten (10).feet._ See explanatory diagram in Section 27, Figure 1. No part of the front yard established by the required setback, may be used_for'off-street p arking. Accessory buildings shall have the 12 samefront yard as the dwelling oz_-other main--building to which they. r are accessory. - - - - 3. SIDE YARD: The minimum-width of side yards not adjacent to a street for a one-family, dwelling, or-two-family dwelling with not morethen one story, shall be five (5)_feet=-on each side. The minimum width of side yards-not-adjacent to a street for any other main building, shall be fifteen (15)-feet on each-side.--The minimum width.of side yard adjacent to a local or collector street shall be twenty (20); feet. The minimum width of side yard adjacent to a major arterial street (major-road) as designated on the 'Jefferson County Major Thoroughfare Plan" shall be thirty (30-) feet. 4. REAR YARD. The minimum depth of rear yard shall be five (5) feet except that the minimum depthof rear -yardfor multiple dwellings or main building other than _a one-family dwelling shall be twenty (20) feet. 5. DISTANCE FROM DEEDED PUBLIC WAY. No building designed for occupancy by three (3) or more families -shiall he erected, converted or structurally altered if such building or any part thereof is located more than two-hundred _(200) Peet from a_de.eded_public way upon which the property has frontage. SECTION 1D: R-T RESIDENTIAL TRAILER DISTRICT- - A. DEFINITIONS 1. R "trailer-" means any coach, cabin, mobile home, house car or other vehicle or_structure. intended for--or capable of human dwelling or sleeping purposes, mounted upon wheels or supports, or supported and/or capable of being moved:by_ito own power or transported by another - vehicle. 2. "Unit" means e trailer unit. - - 3. A "trailer camp" means any park, court-, camp, site, parcel or tract of land designed, maintained, intended or used for the purpose of supplying a location or accommodation for-two or more trailers and 13 cam'{_X _ ~J shall include all buildings used or intended for use as part of-the equipment thereof, whether or not a charge is made for the uss of the trailer camp and its facilities. "Trailer. camp" shall not include automobile or trailer sales lots on which unoccupied trailers are parked for the purpose of inspection and sales. 4. A "space" means a plot of ground in a trailer camp of not - less than two thousand four hundred (2,400) square feet of space designed for location for only one trailer and one or more automobiles and to include access road. B. LOCATION OUTSIDE OF CAMPS l.. It shall beunlawful for any person, firm or corporation to place, keep or maintain any automobile trailer or house car upon any lot; piece or parcel of ground within the city. However,, this section shall not be construed to prevent the placing, parking or keeping of an automobile trailer or house car within the city for a period Of two (2) weeks from the time that such trailer or house.car first arrives within the city provided that during- such time, an adequate water supply and adequate toilets are available at all times, either day or night, to occupants of-the trailer and that a special permit is obtained from the Building Inspection Department. This exception is -asp ecially: intanded to provide for guests of citizens, but in no case shall this exception extend beyond the two-(2) week-limitation as here- in stated. 2. Any automobile trailer house car_whichis parked on private premises merely -forstorage purposes-shall also be excepted from this section C. WHEEL REMOVAL - REMODELING AND ADDITIONS 1. Any action toward_t.he removal of wheels except for temporary purposes of repairs or other action to attach the trailer to the ground by means of pots, piers or foundations, shall subject the trailer to-the - 14 - requirements of the Building Code as well as the Zoning Ordinances. 2. This section is not to be construed as prohibiting necessary _ stabilizing jacks or blocks. 3. No house trailers may be remodled by additions, leantos or the like, for-the purpose of converting the same into a residence. The use of temporary awnings and cabanas or other factory built, fireproof, or permanent additions shall be considered, as such.remodeling. a. Except that permits for additions or cabanas - - shall be by approval of the Board of Adjustment. D. TRAILER CAMP PLAN 1. Every trailer or tr drained area and thepremise the accumulation of storm or camp shall be located in any any barnyard, outdoor toilet in its location. 3iler camp shall be located on a well shall be properly graded soas to prevent other waters. No-trailer or trailer .area that is situated so that drainage from k or bther_source ❑f filth can be deposited 2. Trailer spaces shall be clearly defined and shall censist of a minimum of two thousand four hundred (2,400) square feet and width of not less than twenty-five (25)-_feet..- 3. The camp shall be ao arranged that all spaces shall face or abut on a driveway of not less than twenty (20) feet in width, such driveways shall be graveledor paved and maintained in good condition. 4. Requests for new R-T.districts_shall be-accompanied by a- preliminary plat and thecity council may approve the rezoning, subject to approval of a final plat. Said'plat to consiet of the following: a. Plot plan of total area to be used -as_a trailer park. b. Description of land to -be -rezoned. C. Location of each.existing and proposed structure- d. Location area and dimensions-of each trailer--space. e. Location .and dimensions of all roads and/or driveways. E. USE REGULATIONS In R-T Districts the following uses are. permitted_: - 15 - 1. One-family houses for camp owner or caretaker. 2. -Laundry rooms. 3. Toilet rooms. 4. Shower and bath houses. 5. Trailer park offices. 6: Recreation rooms for park residents only. 7. One advert-ising sign only, not to exceed twenty-five (25) square feet for-.the purposes of park advertising only and to be located riot closBr,t,o__front or side setback line than twenty (20) feet Not to emit.. any, glaring or flash.ing.light, T. _ _ 8 Light and power poles for purposes bf serving-auto trailer camp only. 9. D'epo'sit and/or excavation of send, gravel, rock, earth, minerals and other similar materials if approved by the Board of Adjustment. 10. Residential trailers. F. HEIGHT REGULATION 1. No building or structure, including signs, shall exceed a height of twenty-five ,(25) feet. G. AREA REGULATION PER HTARK__ 1.. No occupied trailer shall be located less than ten (10) feet from any building or other trailer. 2. FRONT YARD. The minimum depth of front yard for dwelling (50) feet,.,. trailers and other main buildings. shal.lw.b.e..fifty, Accessary buildings shall be-set back at least one hundred_(lOO) feet from front lot line. 3. SIDE YARD The minimum width of side yard shall, be fifty (50) feet. No trailer or building shall_be_located less than the minimum required distance from any side yard. _ 4. REAR YARD. The minimum depth of rear yard shall be fifty (50; feet. No trailer or building shall be_located less than_the minimum required.distance_.from_.rear_property lines. - 16 - 5. SPECIAL EXEMPTIONS: a.- The use of the prescribed minimum yard or-- recreation purposes, clothes drying, equipment, playground equipment and service roads will be permitted. b. Provided further that the setback area may be included in computing the area of trailer spaces, provided further, that no trailer -shall.peparked _in said area. c. Provided.fu.rther.that if a trailer park is located with side yard or rear yard abutting commercial of industrial zoned land or a natural topographic barrier, the minimum yard requirement shall `be-,not__- less than fifteen (15) feet. H. EXISTING CAMPS 1. The land.occupied by all-trailer camps or units licensed - by the State of Colorado as Auto and Tourist Camps, which have received a permit from the.Tri-County Health Department, and which were in existence at the time of passage of-this ordinance and were in ponformity with prior regulations, shall be rezoned Residential Trailer (R-T) by this ordinance, upon compliance with the provisions of Paragraph 2 of this section, provided, however, that trailer camps in existence on the effective date of this ordinance which have trailer spaces, buildings, sign's or other installations having.a width, area, setback or height not in conformity with that herein prescribed may continue to operate with existing trailer spaces, buildings, signs and other installations. 2. Such trailer camp or units shall register with the planning Commission of the City of Wheat Ridge within thirty (30) days from the effective date of this_ordinance,_setting forth: (1) The number of the state license issued for the camp (2) The legal description of property occupied by such camp (3) The number of trailer units in the camp, and (4) The number and description of accessory buildings in the camp. Upon receipt of the above information, the Planning Commission shall, after verification..of_the _information 'con tained therein, direct, the Planning Director to make the necessary zoning map changes from the existing zoning districts in which,the_camp is located, to a resi- dential trailer district... _ - 17 - - . --i SECTION 11: A-1 AGRICULTURAL ONE DISTRICT A. USE REGULATION - No building or land shallbe used and no building shall be hereafter erected, converted or structurally altered unless otherwise provided herein: except for one or more of the following uses:. 1.. Any use permitted in the R-l-(Residenti.al One) D_istrict. 2. General- farming and -stock including raising of rabbits For .any purpose, but not including farms for the feeding ofgarbage to hogs. 3. Poultry -hatcheries, fish hatcheries and-dairy farms. 4. Greenhouses and nurseries, including both wholesale and retail, provided that the storage of manure shall not be permitted nearer-the front or street lot line than, one hundred (100) feet, nor nearer a side lot line then_twent.y-five (25)„feet. 5. Riding academies and public stables. 6. Hospitals and sanitariums for mentally disturbed_or,_ defectives or-for contagious or infectious diseases,. 7. Road-side-stands for operation during'not more than six (6) months in each year for the sale of farm products produced ❑r made on the premises, provided such stands are located not less than thirty (30) feet distance from any street, highwayor right-of-way line. 8. Race tracks, fair grounds, amusement resorts,--airports, radio towers and radio stations, V approved by the Board of Adjust- ment. 8. HEIGHT REGULATION 1. No dwelling shall exceed a height of thirty-five (35) feet, - All buildings other thandwelling units shall not exceed a height of sixty-five (65) feet. C. AREA REGULATIONS 1:" AREA AND MINIMUM WIDTH 'OF LOT. For every dwelling unit or other main building hereafter erected orstructurally altered (ex cepting-`hospitals and sanitariums) there shall be provided a - 18--- - minimum lot area of one (1) acre. For hospitals and sanitariums, there shall be provided a minimum lot area cf.cne (1) acre. The minimum width of lot shall be one hundred forty (140) feet for a _ dwelling,_one hundred fifty (150) feet for._a building other than a dwelling or a hospital or sanitarium, and four hundred (400) feet for a hospital or sanitarium, where width of lot in all cases is measured along a public street or at setback line from such public street. 2. FRONT YARD. The minimum depth of front yard for dwellings and other main buildings shall be thirty (30) feet.- Private garages shall have the same front yard as the dwellings or other main buildings to which they are accessory.- _Accessory buildings housing livestock (including poultry and rabbits) shall be set back at least one hundred (100) feet from the front lot-line. All other accessory - building's not otherwise listed herein shall be set back at least seventy-five (75) feet from the front lot line. 3. SIDE YARD. The minimum width of side yard for all buildings shall be fifteen (15) feet on each side, except that adjacent to a road, the minimum yard shall be thirty (30-)-feet measured from the street side lot line. The minimum side yard for hospitals and sanitariums shall be hospitals and sanitariums shall be one hundred.(100) feet on each side. 4. YARD ABUTTING RESIDENTIAL DISTRICT. In any property abut- ting a Residential District, no use causing an objectionable odor, noise or dust shall 6e,permitted within five hundred (500) feet of the boundary of the Residential District. 5. REAR YARD. The minimum depth of Tear yard shall be five (5) feet. SECTION 12: A-2 AGRICULTURAL TWO.6ISTRIC- _ A. USE REGULATION No building or land shall be used and no building shall be hereafter erected, converted or structurally altered, unless - 19 otherwise provided herein, except for one or more of the following uses: 1. Any use_permitted.in the A-1(Agricultural 0ne)District. 2,_ Feeding of garbage to hogs. 3. Feed lots: 4. Fur farming, dog kennels, veterinary hospitals. 5. Cemeteries and crematories, if approved by the Board of Adjustment. 8. HEIGHT REGULATION 1. No dwelling shall exceed a height of thirty-five (35) feet. All buildings other than dwelling units shall not exceed a height of sixty-five (65) feet..- C. AREA REGULATIONS 1. AREA AND MINIMUM WIDTH OF LOT. -For-every dwelling unit or other main building hereafter erected or structurally altered there shall be provided a minimum lot area of one (1) acre. Fox hospitals and sanitariums, there shall- be provided a-minimum lot area of one (1) acre. The minimum width of lot shall be one hundred forty (140) feet for a dwelling: one hundred fifty (15.0)"feet for a building ` other than a dwelling or a hospital or sanitarium and four hundred (400) feet for a hospital or sanitarium. 2. -FRONT YARD. The minimum depth of front yard for dwellings and other main buildings shall be thirty (30.) feet.- Private garages shall have the same front yard as the dwelling or other main building to which they are accessory..--Accessory buildings housing liveatack (including poultry and rabbits) shall be set back at least one hundred (100) feet from the front lot line.--All other accessory buildings not otherwise li.ated_herein -shall be set back at least seventy-five-(75) feet from the front lot line. 3. SIDE YARD. The minimum width of side yard for all buildings shall be fifteen (15) feet on each side except that- adjacent to a road, the minimum yard shall be thirty (30) feet, measured from the - - 20 - i yard f_or.hospitals and street- suede -lot line-. The minimum.-side sanitariums shall be one hundred (100) feet ua.eac.h side,-- 4. YARD ABUTTING RESIDENTIAL DISTRICT. In-any property abutting a Residential District, no use causing an objectionable odor, noise or dust shall be permitted within five-hundred (500)-feet of the- boundary _of the Residential District-.. 5. REAR YARD. The minimum-depth of rear yard shall-be five (5) feet. SECTION 13: R-Cl RESTRICTED COMMERCIAL ONE DIaTRIQT_.__ A. USE REGULATION 'No building or land shall be used and no building-shall he hereafter erected, converted--or structurally_alterezf, unless otherwise provided herein, except for one or more of the following uses: 1. Business and professional offices, medical and dental clinics and veterinary hospitals (small animal, enclosed). 2.. -Post offices-dnd han.ks._ 3. Laboratories, except those which involv.e any hazardous process or emit noxious noiae, dust and odor. 4. Serviae_establichments, employing not more than three (3) people, such as barber shops, beauty parlors, watch and jewelry repairing, pharmacies., and pick-up stations for laundry or dry cleaning. 5. Public, parochial and private schools_(including private, vocational, trade or-professional schools,), colleges, universities.- preschools and day nurseries.. (Including.those uses commonly accepted asaccessory thereto _when _located =on-the same _premises.) 6. Community buildings,. Y.M.C.A.a,- v-.W:C.A.s,-ch'ur-rhes, libraries, parks, museums, aquariums and art galleries. 7. Golf_cours.es: Chest mat _.including,_miniaturA_golf pr__putting r. ranges; driving ranges; private clubs or restaurants) and those uses...- . commonly accepted as accessory thereto _when.logat_ed on,the same premises. 21 _ S. Mortuaries. 9. Homes for the aged, nursing homes, hospitals, (but not- including hospitals.for-mentally disturbed or defective, contag ius, or infectious diseases). 10. Art, photographic, dance, music, radio and television s udios.- 11. Ambulance service (where accessory to uses listed under item 9 and on the same premises, only.) 12. Parking of automobiles of clients, patients, patrons or, customers of the occupants of adjacent commercial districts. 13.. Wall signs having an area of not in excess of five (5). square feet, advertising a business located on the premises, may be displayed without a permit. Not more than one ground sign adver- tising one or more businesses located on the premises may be erected. Such sign shall not have more than thirty-two (32) square feet of area on one side, and shall not exceed then (10) feet in height - abovethe ground level. A permit for such sign must be secured frim the Building Department. 14. -Living quarters for.not more than one family in a build.ng other than a dwelling. 15. Deposit and/or excavation of sand, gravel, rock, earth, minerals and other similar materials if approved by the Board of Adjustment. 16. Qther such similar commercial uses as listed in 1 throuih 14 which are not more detrimental to uses in said district than aie the uses by right hereinbefore enumerated. 17. SPECIAL USES: The following uses shall be permitted on]y upon approval of the Planning Commission. a. `Governmental buildings, fire stations, but not inclui- ing warehouses, storage or repair-. b. Telephone exchange, electric substations including electric transmission and distribution lines or gas regulator stat.on where no repair or storage facilities are maintained. C. Water supply reservoir, wells, water tower or filter beds, irrigation canal. -22- B. HEIGHT REGULATION r - 1. No building shall exceed thirty-five (35) feet in height. C. AREA REGULATION 1. AREA AND MINIMUM WIDTH OF LOT. No restrictions other than the required area .for--parking as provided under Section 21. 2. FRONT YARD. The minimum front yard for any building shall be thirty (30) feet. 3. SIDE YARD. If a building is constructed of masonry or fireproof material, no side yard shall be required except when located on a corner lot.., If a building is constructed of nonmason-- iy,, or nonfireproof materials, there shall be a side yard of not less then five (5) feet on each side. On corner lots there shall be a side yard of not less than thirty (30).feet on the side adjoining the street. 4. REAR YARD. The minimum depth of rear yard shall be ten (10) feet, except that if the rear abuts upon an alley, the minimum depth shall be fifteen (15) feet from the center of the alley. SECTION 14:A: R-C RESTRICTED COMMERCIAL DISTRICT A. USE REGULATION No building or land shall be used and no building shall be hereafter-erected, converted or structurally altered, unless otherwise provided herein, except for one or more of the following uses: 1. Any use permitted in the Restricted Commercial One (R-C1) District.. 2. Stores for retail trade, including package liquor stores and stores selling packaged three point two percent (3.2%) fermented malt beverage, except that there shall not be permitted: a. Liquor and three point two percent (3.2%) fermented malt beverage outlets where drinks are consumed on the,preniises,. b. New or used motor vehicle or trailer sales, repair and/or, lots. - 23 - c. Fuel and feed stores. d. Lumber yards. 3. Advertising signs (illuminated or otherwise) used in connection with other uses permitted by this section (on the same premises only), subject to provisions of Section 22. 4. Service establishments such as cleaning and pressing estab- lishments, tailer shops, dressmaking shops, barber shops, beauty. parlors, pharmacies and watch and jewelry repair shops. 5. Newspaper offices and blue printing establishments. 6. Rental agencies, except those for automobiles, campers, trailers, or heavy equipment. 7. Car wash, garage and/or motor fuel filling station. (For permitted above ground storage of inflarmable liquids, see Section 20.) 8. Other such similar commercial uses as listed in.1 through 7 which are not more detrimental to uses in said district than are the uses.by right hereinbefore enumerated. S. HEIGHT REGULATION 1. No building shall exceed C. AREA REGULAICON 1--AREA AND MINIMUM WIDTH OF the required area for parking as 2. FRONT YARD. The minimum si.cty (60) feet in height. LOT. No restrictions other than 3rovided under Section 21. front yard for any building shall be fifty (50) feet. 3. SIDE YARD. If a building is constructed of masonry or fireproof material, no side yard shall be required except when located on a corner lot. If a building is constructed of nonmasonry_or non- fireproof materials, there shall be a side yard of not less than five (5) feet on each side. On a corner lot there shall be a side yard of not less than.thirty (30) feet on the side adjoining _the street. 4. REAR YARD. The minimum depth of rear yard shall be ten .(10) feet except that if the rear abuts upon an alley, the minimum depth shall be fifteen (15) feet from the center of-the alley.- - 24 - • • e SECTION 15: C-1 COMMERCIAL ONE DISTRICT A. USE REGULATION No building or land shall be used and no building shall be hereafter erected, converted or structurally altered, unless other- wise provided herein except for one or more of the following usesi 1., Any use permitted in the Restricted-Commercial (R-C) District. 2. Stores for retail trade. 3. Lumber yards provided that unhoused storage of lumber and other materials shall be screened from view from adjacent streets and adjoining property. 4. Commercial billboards, electric display and advertising signs; subject to provisions of Section 22. 5. Cold storage lockers (but not including slaughtering on the premises.) 6. Mobile.homes, travel trailer, trailer, camper and motor vehicledisplay and sales, (but not including auto wrecking yards or storage of metals and/or machinery not in running order.) 7. Assembly or convention halls, theatres, skating rinks, dance halls, bowling alleys, pool or billiard parlors, indoor firing raUs, archery ranges, exposition halls (no live animals), tennis courts, swimming pools, golf courses including putting and miniature courses, golf driving ranges, gymnasiums and trampoline centers, massage parlors, turkish baths and health studios. S. Rental agencies including those for automobiles, campers, trailers and light equipment (but not including heavy equipment.) 9. Motels, licensed tourist courts and hotels. 10. Package liquor stores, three point two percent (3.2%) fermented malt beverage stores or outlets, taverns, lounges, night clubs, private clubs and bars. 11. Restaurants, drive-in restaurants and cafes. - 25- - ; 12. Telephone exchange, electric substation including electric transmitsion and distribution lines, or gas regulator station with public office or repair or storage facilities. 13. Ambulance services. 14. Auction houses (no live animals.) 15. Lapidary shops, taxidermibts. 16. Other such similar commercial uses as listed in 1 through 16 which are not more detrimental uses in said district than are the uses by right hereinbefore enumerated. 17. SPECIAL USES:- The following use shall be permitted only upon approval of the Planning Commission. a.- revel trailer-camper parks. B. HEIGHT REGULATION 1. None C. AREA REGULATION r 1. AREA AND MINIMUM WIDTH OF LOT. No restrictions shall apply other than the area for parking as provided under Section 21. 2. FRONT YARD. Except as hereinafter provided, the minimum depth of any front yard for any building, measured from the front lot line to the front setback line,shall be fifty (50) feet. Motor fuel pumps may be erected not less then eighteen (18) feet from such front lot line. 3. SIDE YARD. If a building is constructed of masonry or fire- proof materials, no side yard shall be required on an interior lot or on the side of a corner lot which is not adjacent to a street.- If a building is constructed of. materials other than masonry or fire- proof materials,. the minimum depth of any side yard of an interior lot or of a side yard of a corner lot on that side which is not adjacent,to a street, measured from the side lot line to the side setback line, shall be five (5) feet. On corner lots the minimum depth of the side yard on the side adjacent to a street, measured from the side lot line to the side setback line shall be thirty (30) -26-- F F u feet. On corner lots, motor fuel pumps may be erected not less than eighteen (18) feet from the aide lot line on the side adjacent to the street. 4. REAR YARD. The minimum depth of rear yard shall be ten (10) feet except where abutting upon an alley, the depth shall be fifteen (15) feet from the center of the alley. SECTION 16: C-2 COMMERCIAL TWO DISTRICT A. USE REGULATION No building or land shall be used and no building shall be hereafter erected, converted or structurally altered, unless other- wise provided herein, except for one or more of the following uses. 1, Any use permitted in the C-1 (Commercial-One) District. 2. Amusement parks and go-cart tracks. 3. Veterinary hospital. 4. Shop for custom work or for making articles to besold at retail on the premises. 5. Wholesale business. 6. Cold Storage plant. 7. Storage in bulk of, and/or warehousing of, such items as building materials, coal, wood, construction equipment and oil and petroleum in quantities less than tank car lots. Storage must be screened from public view. (For permitted above-ground storage of inflammable liquids, see Section 20). 8. Auction houses including those for small animals but not including large animals such as cows, sheep, goats, swine or horses. 9. Manufacturing and/or industrial pperatior-of any kind not heretofore listed and exclusive of industrial operations listed hereafter, where no't in excess of five (5) horsepower is employed in the operation of any machines. 10. Rental agencies for heavy equipment. 11. Other such similar. commercial uses as,listed_in 1 through 10 which are not more detrimental to uses in said district than are the uses by right hereinbefors enumerated. - 27 - - 11 B._ HEIGHT REGULATION 1. None C. AREA REGULATION 1. AREA AND MINIMUM WIDTH OF LOT. No restrictions shall apply other than the,area for parking as provided under Section'11. 2. FRONT YARD. Except as hereinafter provided, the minimum depth of any front yard for any building, measured from the front lot line to the front setback line, shall be fifty (50) feet. Motor fuel pumps may be erected not -less than.eighteen (18) feet from such front lot line. 3. SIDE YARD. If a building is constructed of masonry of fireproof materials, no side yard shall be required on an interior lot or on that side of a corner lot which is not adjacent to a street. If a building is constructed of materials other than masonry or fireproof materials, the minimum depth of any side yard of an interior lot or of a side yard of a corner lot on that side which is not adjacent to a street, measured from the side lot line to the side setback line, shall be five (5) feet. On corner lots the minimum depth of the side yard on the side adjacent to a street, measured from the side lot line to the side setback line, shall be thirty (30) feet.On corner lots, motor fuel pumps may be erected not less than eighteen (18) feet from the side lot line on the side adjacent to the street. 4. REAR YARD. The minimum depth of rear yard shall be ten (10) feet except where abutting upon an alley, the depth shall be fifteen (15) feet from the center of the alley. SECTION 17: 1-3 INDUSTRIAL THREE DISTRICT A. USE REGULATION No building or land shall be used and no building shall hereafter be erected, converted or structurally altered unless otherwise provided herein, except for one or more of the fallowing uses: -28_ 1. Manufacturing, processing or :Fabrication of any commodity,_ except those provided for within the I-1 (Industrial-One). I-2 (Industrial Two) or I-4 (Industrial-Four) Districts. 2. Wholesale sales warehousing or storage,of any commodity with the following exceptions. - a. No live animals, commercial explosives or above-ground bulk storage of flammable liquids or gases may be included. b. Sales, warehousing or storage of ,junk, including machinery or,vehicles not in operating condition, may be permitted only if contained within a building. 3. Sale at retail of any commodity, manufactured, processed, fabricated or warehoused on the premises. 4. Sale at retail of hardware or equipment, supplies and materials (except commercial explosives) for agriculture, mining, industry, business, transportation, building and other construction. 5. Repair, rental and servicing of any commodity, the manufacture processing, fabrication, warehousing or sale of which is permitted. 5.. Veterinary hospital. 7. Governmental buildings or uses as police stations, fire stations, post offices, electric substations, gas regulator stations, telephone exchanges, water reservoirs and utility pumping stations. 8. Railroad facilities, but not including shops. 9. Accessory uses such as banks, laboratories, restaurants, blueprinting establishments and offices. 10. Parking or storage of motor vehicles. 11. Terminals for transportation and public transit vehicles. 12. Motor vehicle._service or gasoline filing stations. 13. Outdoor advertising devices, subject to provision of Section 22. 14. Deposit and/or excavation of sand, gravel, rock, earth, minerals and other similar materials if approved by the Board of Adjustment. - 29 - 15.The uses hereinabove set forth shall be subject to the following limitations and conditions: a. Every-Use shall be as separated that the volume of sound, inherently and recurrently generated, does not exceed 70 deci- bels at any point of any boundary line of the lot on which the use is located. b. Every use shall be so operated that the ground vibration inherently and recurrently generated is not preceptible, without instruments, at any point of any boundary line of the lot on which the use is located. c. Every use shall be so operated that it does not emit an obnoxious or dangerous degree of heat, glare, radiation or fumes beyond any boundary line of the lot on which the use is located. du. All outdoor storage facilities for fuel, raw materials and products stored outdoors shall be enclosed by a fence adequate to conceal such facilities for fuel, raw materials, and products from adjacent residential, agricultural and commercial districts. V e. No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces. f. All materials or wastes which might cause fumes or dust, or which constitute a fire hazard or which may be edible by or other- wise be attractive torodents or insects shall be stored outdoors, only in closed containers. 0. HEIGHT REGULATION 1. None. C. AREA REGULATION 1. AREA AND MINIMUM WIDTH OF LOT. No restrictions. 2. FRONT YARD. Except as hereinafter provided, the minimum depth of any front yard for any building, measured from the front lot line to the front setback line, shall be fifty (50) feet. Motor - 30 - fuel pumps may be erected not less than eighteen (18) feet from such front lot line. 3. SIDE YARD. If a building is constructed of masonry or fire- proof materials, no side yard shall be required an an interior lot or on that side of a corner lot which is not adjacent to a street. If a building is constructed of materials other than masonry or fireproof materials, the minimum depth of any side yard of an interior lot or a side yard of a corner lot on that side which is not adjacent to a street measured from the side lot line to the side setback line shall be five (5) feet. On corner lots, the minimum depth of the side yard on the side adjacent-to a street, measured from the side lot line to the side setback line, shall be thirty (30) feet. On corner lots, motor fuel pumps maybe erected not less than eighteen (18) feet from the side lot line on the side adjacent to a street. 14. REAR YARD. The minimum depth of rear yard shall be ten (10) feet except where abutting upon an alley, the depth shall be fifteen (15) feet from the canter of the alley. SECTION 18: 1-1 INDUSTRIAL ONE DISTRICT A. USE REGULATION No building or land shall be used and no building shall be hereafter erected, converted or structurally altered, unless other- wise provided herein except for one or more of the following uses: 1. Any use permitted in the I-3 (Industrial Three)District. 2. Manufacturing, processing or fabrication of any commodity, except those provided for within the I-2 (Industrial Two) or I-4 (Industrial Four) Districts. 3. Foundry. 4. Rock crusher, excavation of sand, gravel, earth, clay, rock or other similar materials. 5. Storage of gasoline or other petroleum products, (for permitted aboveground storage of inflammable liquids, See Section 20.) - 31 - 6. Brick, the or terra cotta manufacture. 7. Light or power plant, central (3tiation. 8. Grain drying or poultry feed manufacture, feed mill. 9. Other similar industrial uses as listed in 1 through 8 which are not detrimental to the highest and best use of land in said district than are the uses by right hereinbefpre enumerated. B. HEIGHT REGULATIONS 1. None. 0. AREA REGULATIONS 1. AREA AND MINIMUM WIDTH OF LOT. No restrictions shall apply, other than the Eras for parking as provided under Section 21. 2. FRONT YARD. Except as hereinafter provided, the minimum depth of any front yard for any building, measured from the front lot line to the front setback line, shall be fifty (50) feet. Motor fuel pumps may be erected no less than eighteen (18) feet from such front lot line. 3. SIDE YARD. If a building is constructed of masonry or fireproof F materials, no side yard shall be required on an interior lot or on that side of a corner lot which is not adjacent to a street. If a building is constructed of materials other then masonry or fireproof materials, the minimum depth of any side yard of an interior lot or of a side yard of a corner lot on that side which is not adjacent to a street, measured from the side lot line to the side setback line, shall be five (5) feet. On corner lots, the minimum depth of the side yard on the side adjacent to a street, measured from the side lot line to the side setback line, shall be thirty (30) feet. On corner lots,motor fuel pumps may be erected not less than eighteen (18) feet from side lot line on the side adjacent to a street. 4. REAR YARD. The minimum depth of rear yard shall be ten (10) feet except where abutting upon an alley, the depth shall be fifteen (15) feet from the center of the alley. ,SECTION 19: 1-2 INDUSTRIAL TWO DISTRICT A. USE REGULATION No building or land shallbe used and no building shall be here-- after erected, converted or structurally altered unless otherwise pro- vided herein, except for one or more of the following uses: ' _ 32 1. Any use permitted in the I-1 (Industrial One) District. 2. Manufacturing, processing or fabrication of any commodity, except those provided for within the I-4 (industrial-Four) District, including the following: Abrasives, basic manufacture; alcoholic distillation; animal by-products, basic manufacture or processing; bone black, basic manufacture; brewery; carbon black and lamp black, basic manufacture; charcoal, basic manuracture;'chemicals, heavy or industrial, basic manufacture or processing; cinder and cinder block, basic manufacture or fabrication; coal and coke, manufacture or processing; detergents, soaps and by-products, using animal fat, basic manufacture; fermented fruits and vegetable products, manufacture; fertilizers, manufacture or processing; fungicides, manufacture; gases, other than nitrogen and oxygen, manufacture; glass, manufacture; glue and size, manufacture; graphite, manufacture; gypsum and other forms of plaster base, manufacture; insecticides, manufacture; insulation, flammable types, manufacture or fabrication; matches, manufacture; meat slaughtering or packing; metals, extraction or smelting; metal ingots, pigs, casting, sheets or bars, manufacture; oils and fats, animal and vegetable, manufacture; paints, pigments, enamel, japans, lacquers, putty, varnishes, whiting and wood filler, manufacture or fabrication; paper pulp and cellulose-, basic manufacture; paraffin, manufacture; petroleum and petroleum products, manufacture or processing; portland and similar cements, manufacture; rubber, manufacture, processing or reclaiming; sawmill or planing mill; serums, toxins, viruses, manufacture; sugars and starches, manufacture; tannery; turpentine manufacture; wax and wax products, manufacture; and wood preserving by creosoting or other pressure impregnation of wood by preservatives. a. HEIGHT REGULATION 1. None. C. AREA REGULATION 1. AREA AND MINIMUM WIDTH OF LOT. No other restriction shall apply, other than the area for parking as provided under Section 21. 2. FRONT YARD. Except as hereinafter provided, the minimum depth of any front yard for any building, measured from the front lot line to the front setback line, shall be fifty (50) feet. Motor fuel pumps may be erected not less than eighteen (18) feet from such front lot line. -33- • 3. SIDE YARD. If a building is constructed of masonry or fire- proof materials, no side yard shall be required on an interior lot or on that side of a corner lot which is not adjacent to a street. If a building is constructed of materials other than masonry or fireproof materials, the minimum depth of any side yard of an interior lot or of a side yard of a corner lot on that side which is not adjacent to a street, measured from the side lot line to the side setback line, shall be five (5) feet. On corner--lots, the minimum depth of the side yard on the side adjacent to'a street, measured from the side lot line to the side setback line, shall be thirty (30) feet. On corner lots, motor fuel pumps may be. erected not less than eighteen (18) feet from the sidelot line on the side adjacent to a street. 4. REAR YARD. The minimum depth of rear yard-shall be ten (10) feet except where abutting upon an alley, the depth shall be fifteen (15) feet from the center of the alley. SECTION 20 I-4 INDUSTRIAL FOUR DISTRICT A. USE REGULATION No building or land shall be used and no building shall be here- after, erected, converted or structurally altered, unless otherwise provided herein, except for one or more of the following uses: 1. Any use permitted in the 1-2 (Industrial-Two)District. 2. Manufacture and storage of explosives(in conformance with setback and other safety requirements of the City Building Ordinance, and other applicable codes.) 3. Dumps, junk yards, automobile wrecking and processing yards, and other similar uses subject to provisions for retaining windblown trash on the premises, provided that all such properties shall be screened from adjacent streets, or other public ways, by an eight (8) foot solid fence to be maintained in a neat and well kept manner. 4. Storage of machinery or vehicles not in operating condition, provided that all such properties shall be screened from adjacent streets, or other public ways, by an eight (8) foot solid fence, to be maintained in a neat and well kept manner. - 34 - Orz'e7 S. HEIGHT REGULATION 1. None C. AREA REGULATION 1. AREA AND MINIMUM WIDTH OF LOT. No restrictions shall apply other than the area for parking as provided under Section 21. 2. FRONT YARD. Except as hereinafter provided, the minimum depth df any front yard for any building, measured from the front lot line to the front setback line, shall be'fifty (50) feet from such front !at line. 3. SIDE YARD. If a building is constructed of masonry or fire- proof materials, no side yard shall be required on'sn interior lot or on that side of a corner lot which is not adjacent to a street. If a building is constructed of materials other than.nasonry or fireproof materials, the minimum depth of any side yard'of an interior lot or a side yard of a corner lot on that side which is not adjacent to a street measured from the side lot line to the side setback line, shall be five (5) feet. On corner lots, the minimum depth of the side yard on the side adjacent to a street, measured from the side lot line to the side setback line, shall be thirty (30) feet. On corner lots motor fuel pumps may be erected not less than eighteen (18) feet from the side.lot line on the side adjacent to the street. 4. REAR YARD. The minimum depth of rear yard shall be ten (10) feet except where abutting upon an alley, the depth shall be fifteen (15) feet from the center of the alley. SECTION 21: PD PLANNED DEVELOPMENT DISTRICT A. INTENT OF CLASSIFICATION The Planned Development District is intended to provide a means of developing large tracts of land into group-buildings and use complexes with a continuity of design and development, fulfilling the intent of this ordinance, but making provision for development m ncepts not otherwise provided for within the Zoning ordinance of the City of Wheat Ridge. - 35- B. USE REGULATIONS Planned Development of any nature (residential, commercial, industrial, public or quasi-public), either as a single use or in combination may be permitted. Such development shall be under unified control, whether by single, corporate, condominium or association ownership. C. AREA--HEIGHT AND SETBACK REGULATIONS 1. To qualify for consideration for Planned Development District zoning, the proposed development-area shall contain a minimum of four (4) acres under unified' control. 2. Other minimum parking, height, setback and area regulations shall be considered for the overall site with regard to those limitations established on similar uses in other City of Wheat Ridge zone districts and with regard to compatibility with surrounding development. Varied regulations for parking, height,--setback or area may be established. Such regualtions may be recommended to the City Council by the Planning Commission, but in any event final regulations shall be established by the City Council when determined-to be in the best interest of the public and overall development of the City. D. CONSIDERATION OF PLANS The Planning Commission, prior to making recommendations to the City Council, shall consider the site plans of the proposed development, surrounding development characteristics and the recommendations fo the Planning Department Staff. The Planning Commission may make determin- ations of requirements and limitations, restrictions or other features felt to be necessary and reasonable. Requirements may be prescribed to insure that the proposed development will: not result in undue traffic congestion or traffic hazards; be adequately landscaped, buffered and screened; and will eliminate as many undesirable characteristics as possible, in its effect on nearby development. SECTION 20: ACCESSORY USES A. IN ANY DISTRICT - 36 - A use customarily incidental to a use permitted in any district shall be permitted when located on the same lot. The following accessory use, in addition to those hereinbefore mentioned, shall be permitted: 1. The letting of rooms and the providing of table board for not more than five (5) persons in any private dwelling. 2. Dwellings for farm or ranch employees employed on the premises or for farm or ranch tenants on any farm or ranch. Any other building or structure incidental to the operation of any ordinary farm or ranch, irrespective of size. 3. A restaurant', public dining room or other services customary to an apartment house and incidental to its residential use may be located therein as an accessory use. 4. Buildings housing technical offices, laboratories, medical offices, pharmacies, radiological facilities, medical and surgical suppliers, housing for personnel employed on the premises, and other - similar uses may be located on the grounds of any hospital or sanitarium. S. COMMERCIAL AND INDUSTRIAL DISTRICTS In a commercial or industrial district, a use accessory to an authorized use shall be permitted. The parking of automobiles of clients, patients, patrons or customers within a front, side or rear yard of a building within the C-1 (Commercial One) District, C-2 (Commercial Two) District, RC-1 (Restricted Commercial One) District, R-C (Restricted Commercial) District, I-1 (Industrial One) District, I-2 (Industrial-Two) District,I73 (Industrial Three) District, or I-4 (Industrial Four) District, without charge, and_in connection with any use permitted in such, he deemed an accessory use. A use specified as an I-2 (Industrial Two) District use shall not be permitted as an accessory use in the I-1 (Industrial One) District-.,, I-3 .(Industrial Three) District,nor the I-4 (Industrial Four District. C. ABOVE GROUND STORAGE OF FLAMMABLE LIQUIDS AND GASES No above ground storage of flammable liquids or gases in excess of one thousand (1,000) gallons shall be permitted in any district other than the I-1 (Industrial One) District.or the I-2 (Industrial Two) District, unless approved by the Board of Adjustment. -37- SECTION 22: PARKING REQUIREMENTS The scope of the regulation herein set forth shall apply and govern in all Districts. The regulation shall apply to buildings hereafter erected and uses hereafter established and to such nonconforming buildings and uses as may be required to conform to the regulations hereof, which is to include the extension and enlargement of said buildings and. uses, except in cases where it is impossible to provide additional parking space and the strict enforcement of this Resolution would create unnecessary hardship. A. MAINTENANCE OF OFF-STREET PARKING SPACES The duty to provide'and amintain the off-street parking space herein required shall be joint responsibility of the operator and the owner of the use of the land on which the structures are located and the use or uses for which off-street parking space is required to be provided and maintained. No land shall be used or occupied, no structures shall be designed, erected or altered and no use shall he operated unlessthe off-street parking Space herein required is provided in at least the amount and maintained in the manner herein set forth. Off-street parking as required by the Jefferson County Zoning Resolutionan the effective date of this ordinance shall be maintained. If after the effective date of this ordinance, such land uses and structures are expanded or changed to.require a greater amount of off-street parking space, the amount of off-street parking space not required to be furnished, by reason of the foregoing exculsion for maintenance of off-street parking space, shall be,maintained in accordance with the following classifications, unless after ef''e'ctivedate of this ordinance such land uses and structures are expanded or changed to require a greater amount_gf"off-street parking space. The surface of parking stalls, isles and truck standing spaces shall be.treated, prepared and maintained for drainage and the elimination of dust and dirt. -38- B. SCOPE OF REGULATIONS 1. All parking spaces, required for any use and provided in compliance with the provisions of this section, shall be-considered to be required spaces for the use or uses necessary and shall not be reduced-or infringed upon in any manner. 2. All required stallsshould be located on the premises to which such requirements apply or within off-street space not distant more than five hundred (500) feet from such premises, provided that such stalls as are required for employees and proprietors ofany premises may be located in an off-street parking space distant not more than one thousand (1,000) feet from such premises. 3. Provision of parking stalls, shared jointly by several persons in the same block or in the same vicinity is permissible, in which case, number of stalls required shall be the sum total-of the individual requirements provided. Where it isfound by the Board of Adjustment, upon application thereto, that the parking demand engendered by the different uses, included in any joint arrangements to provide parking stalls required herein, occurs at definite different times of day, as in the case of a theater generating demand for parking after normal daytime business hoursand a store generating demand for parking such daytime hours and in such similar cases, the Board may reduce the total number of parking stalls to be jointly provided. 4. In a case where any public or private off-street parking facility, to be opened for public use free of charge or at reasonable rates, is planned or in process of development and where the Board of Adjustment has reasonable assurance that such development will be carried to completion and will, when completed, relieve the parking demand in an area within five hundred (500)'feet thereof, the Board may establish a reasonable time period within which such area shall be provided with the required space for any use or uses within. Upon completion of all or any portion of such development, the provisions of the above paragraph may be applied by the Board of Adjustment. - 39 - 5. In a case where it is clearly shown by the applicant, to the satisfaction of the Board of Adjustment, that the provision of the amount of the space required herein for parking stalls, because of the particular nature of a proposed use, would be unnecessary, particularly difficult or create unnecessary.hardship, the Board of Adjustment may reduce such requirements. C. APPLICATION FOR APPROVAL All applications for approval of a Faking plan filed with the Planning Commission by the owner of the land area designated in the plan, shall contai6 such information and representations required in this ordinance, as may be deemed necessary by the Planning Commission, and such application shall Also include the plans showing the following detail: 1. The location of the uses or structures for which off-street parking spaces are required. 2. The size of the structure of which off-street parking spaces are required. 3. The location at which the off-street parking space is to be - located. 4. All applications, hereunder, shall be reviewed by the Zoning Administrator and shall either be approved or disapproved. D. APPROVAL OF PLANS Upon the approval of any parking plan, hereunder, a copy of such plan shall be registered among the records of the Planning Director or, in the case of new construction, a copy of the parking plan shall be registered with the Building Permit. E. PARKING SPACE REQUIREMENTS 1. For the purpose of this ordinance, one parking stall shall not be less than three hundred (300) feet in area to include that area which is required for means of ingress or egress thereto. 2. A driveway for access, to any single parking stall or to a parking lot, shall be not less than twelve (12) feqt in width nor more than thirty (30) feet in width at the property line along the street. It shall be so located as to minimize traffice hazards.and -40- i congestion. All,residential driveway widths shall be not more than twenty (20) feet. F. OFF-STREET PARKING SPACE REQUIRED Off-street parking space, except in commercial and industrial districts, shall be provided at a ratio of one parking stall for: 1. Each dwelling unit in any dwelling group or other building. 2. Each guest room or sleeping room in any automobile court or tourist home and each camp unit in any automobile camp or trailer park. 3. Each two guest rooms in any hotel, boarding house, fraternity house, sorority house-or-dormitory in addition to the number of parking stalls required for dining and entertainment uses. 4. Each three beds in any hospital. 5. Each five beds in any sanitarium, convalescent home or similar establishment. 6. Each three seats or similar accomodations in any restaurant, theatre, auditorium, entertainment facility halls for meetings, dancing or social events, and other uses where seats or.simi,ler accommodations are provided for gathering of six or more persons. y 7. Churches shall provide an area equal to one quarter of the total church lot exclusive of park or playground area, or one parking space per each three seats in the sanctuary, whichever is the larger. G. COMMERCIAL AND INDUSTRIAL REQUIREMENTS 1. There shall be provided at least three (3)-square feet of gross parking areas for each one (1) square foot of gross floor area in.any business-or commercial use and three (3) square feet of gross parking area for each one (1) square foot of basement floor area in retail use. For such establishments as drive-in markets and similar other businesses catering to drive-in patronage, the required ratio shall be one (1) parking stall per each fifty (50) square feet of ground floor area. 2. For those uses classified as office buildings or for professional services, not involved in retail trade, there shall be provided two (2) square feet of gross parking area per one (1) square foot of gross floor area. -41- 3. There shall be provided one (1) parking stall for each three (3) persons, including proprietors, of maximum employment in a single shift in any industrial district, except when such district is to be used for commercial purposes, in whichY.PM09,the above requirement for commercial zones shall apply. For those industrial uses allowed in commercial districts, the industrial requirements shall apply. H. OFF-STREET LOADING SPACE-REQUIRED For each manufacturing or industrial use, there shall be provided off-street truck loading on'the lot. Such space is to be not less than thirty-five (35) feet in length, twelve (12) feet in width and fifteen (15) feet in height. For structures containing less than twenty-five thousand (25,000) square feet of gross floor area, there shall be provided one (1) loading space. For structures containing twenty-five thousand (251000) square feet or more of gross floor area, the number of loading spaces specified in the following table shall apply. SQ. FT. MIN OF GROSS REQUIRED FLOOR NO. OF AREA SPACES 25,000 up to and including 2 40,000 sq. ft. 40,001 up to and i ncluding 3 1.00,000 sq. ft. 100,001 up to and including 160,000sq. ft. 160,001 up to and including. E 240,000 sq. ft. 240,001 up to and including 6 320,000 sq. ft. 320,001 up to and including 400,000 sq. ft. For each additional 90,00 sq. ft. over 400,000 sq. ft - 1 additional space. I. SPECIAL PARKING PERMIT The Board of Adjustment, in exercising the power and authority granted by law and this ordinance, may approve or grant special permits to establish off-street parking spaces in R-3 multiple dwelling districts for particular commercial uses which abut or join the R-3 District. - 42 - This issuance of any permit shall not be approved unless the Board shall find, in each case, that the location of the use for which the permit is sought, the manner of conduction the same and any facilities or services which are involved will not be dangerous or otherwise detrimental to persons residing or working in the vicinity thereof, or to the public welfare, and will not impair the use, enjoyment or value of any property. There shall be no advertising signs allowed in the above named special districts, except those necessary for orderly parking. SECTION 24: OUTDOOR ADVERTISING ENFORCEMENT OF CODE The Building Department shall be 'responsible for the enforcement of this ordinance, and the Inspector of Signs shall be designated by the Chief Building Inspector, whose duties shall be the enforcement of this and other _ resolutions covering the sign industry. INSPECTION OF-SIGNS The Building Department shall require the proper maintenance of all signs which are subject to the provisions of this ordinance. Each sion for which a permit has been issued shall be inspected by the Inspector of Signs, within thirty (30) days after each erection, and every sign in the City shall be inspected at least ones annually, by the Building Department. UNLAWFUL SIGN ERECTION - It is hereby declared unlawful for any person to erect a billboard, sign, awning, canopy or courtesy bench, within the City, until all the requirements of this Ordinance have been fulfilled: A. DEFINITIONS 1. The term ground sign or billboard, when used in this chapter, means any sign erected, constructed or maintained for the purpose of dis- playing outdoor advertising by means of poster, pictures, pictorial, or reading matter and when such sign is supported by uprights or braces placedin or upon the ground and not attached to any part of any building. -43- 2. The term roof sign, when used in this chapter, means any sign erect- ad, constructed or maintained upon the roof of any building. 3. The term wall sign, when used in this chapter, means any painted signor poster or any surface or plane that may be affixed to the front, rear or side wall of any building. 4. The term overhanging or projecting sign, when used in this chapter, means any letter, word, model, sign, device or representation used in the nature of an advertisement, announcement or direction extending outward from the building or support. Projected, illuminated or nonilluminated signs shall, for the purpose of this chapter, be divided into classes. a. Projecting signs which are affixed to the building wall or to poles or posts which extend outward from the supporting structure. b. Flat signs which are attached in rigid manner and project parallel to the building wall. 5. The term canopy or marquee, when used in this chapter, means any covering or hood attached toga building which extends wholly or in part, outward and supported from the building. Also,, free standing canopy. 6. The canopy sign, when used in'this chapter, means any sign affixed to any hood or canopy over the entrance to places of public assemblage extending outward and supported from the building. 7. The term courtesy bench shall mean any bench or seat. placed for the_ convenience of the public and containing advertising matter. B. PERMIT REQUIRED No ground sign, roof sign, wall sign, projecting sign, canopy, awning or courtesy.bench shall be erected by any person, firm or corporation except as prescribed in this chapter nor until a permit therefore, shall have been issued by the Building Department. If any sign is removed and any new sign is erected in its place, a permit shall be taken out the same as if a new sign were erected at a new location. If any_sign is removed for maintenance and replaced on the same supports, a new permit will not be deemed necessary, if the-size ❑f the sign is not changed. If any sign is removed from one location and erected at a new location, a new permit shall be taken out. Alteration or enlargement of any sign shall require a permit the same as for .a new sign. No permit shall be granted until after an application has been filed with the Building Inspector, showing the plans and specifications, including dimensions, materials and details of construction of proposed structure, not until all provisions of this chapter relating to such structures -44- shall have been complied witha_nor_until after the Building Department has been paid the prescribed fee for every such permit. The Building Inspector may prescribe suitable regulations consistent with the provisions of this chapter concerning the form and contents of all applications for the various forms of permits-herein required. Every person, firm or corporation applying for canopy, sign or courtesy bench-permit shall have said application signed by the owner or owners in fee simple or his or their authorized agent of the building to which said canopy or sign is to be attached. C. FEES 75 square feet or less . . . . . . . . . . . Sb 2.50 75 to 150 square feet $6 5.00 150 to 30D square feet ; $10.00 300 square feet and"over . . . . . . . $15.00 Painted on walls 100 square Feet . . x_5.00 Courtesy bench . . . . . . . . . . $ 2.00 D. EXEMPTIONS The following signs and the erection and maintenance thereof are exempt from the provisions of this Ordinance: 1. Traffic and other city, county and state signs; house number, name plates and other legal notices;railroad crossings, signs and danger signs. 2. Unilluminated ground signs, flat signs, and wall signs, advertising - the sale} rental or lease of the premises on-which they are erected, not exceeding ❑ne'hundred fifty (150) square feet in area. 3. Memorial tablets or tablets containing the name of the building, date of erection and use Of the building,__when built into the walls of the building and constructed-on branze, brass, marble, stone or other incom- bustible materials. 4. Unilluminated and_nonfloodiighted_signs, having an area not in excess of one_(1)_square feat, advertising the place of business of a doctor ar a_dentist or other permitted legal home occupation. 5. Unilluminated and nonfloodlighted flat signs, wall signs, and ground signs having an area not in excess of thirty-six (36) square feet, announcing the destruction or construction of remodeling of„a building or announcing the enterprise to be located in the building under construction or announc- ing the name and address of the architect or contractor of the building or the owner thereof provided, however, that not more than one such sign shall be erected until the Chief Building Inspector shall have approved the location, specifications and content of such sign. -45- . 0 E. PROHIBITIONS 1. UNSIGHTLY OR OBSCENE SIGNS NOT ALLOWED. No signs shall be erected or maintained or be,permitted to remain publicly displayed which are of a misleading, fraudulent, obscene, immoral, indecent or unsightly character. 2. PASTING AND TACKING PROHIBITED. No sign of an.advertising nature shall be pasted or glued directly on any wall or roof,by any means of any similar adhesive substance. No paper or cloth sign shall be tacked directly on any wall or roof. 3. NOISE SIGNS PROHIBITED. It shall be unlawful to use in connec- tion with any sign or to use for advertising purposes any radio, phonograph, whistle, bell or other sound or ngise making or transmitting device or instrument, except with the permission of the Board of Adjustment. SIGNS OVER STREETS PROHIBITED. It shall be unlawful to erect and/or maintain any sign over any street, alley or public way, except as herein expressly provided. 5. NO SIGN SHALL COVER UP A,WINDOW, DOORWAY OR OTHER OPENING WHICH PROVIDES VENTILATION OR EXIT FACILITIES. It shall be,unlawful for any person to fasten, place, post, paint, or attach in any way, any sign, handbill, poster, advertisement or notice of any kind or sort, whether political or otherwise or cause the same to be done in or upon any curb- stone, lamppost, telephone pole, telegraph pole, electric light or power pole, hydrant, bridge or tree or in or upon any portion of any public sidewalk or street... F. LOCATION OF SIGNS No sign shall be hereafter erected or maintained upon or along any boulevard, parkway, highway or street, except in business, commercial or industrial districts. G. EXCEPTIONS Courtesy trenches fo_r-,the ciapyeniencp.of ;the local bus patrons and members of the general public, when installed by permission of the city council may contain advertising matter and be located in any district in the city when in accordance with the rules_and regulations contained in that portion of this ordinance pertaining to Courtesy benches. -46- ~v N. GROUND SIGN AND BILLBOARDS Every ground sign or billboard shall be set back from the front property line or street line the same distance or a greater distance than is required under the Zoning Resolutionfor new buildings on the premises. Every bill- board or ground sign shall have an open space of not less than two (2) and not more than six (6) feet between the lower edge of such sign and the ground level. The billboard or ground sign shall be stoutly constructed and anchored in a secure and substantial manner. Every ground sign shall be so anchored and/pr braced that it will safely sustain a wind pressure of twenty (20) pounds per square foot of exposed area. No billboard or ground sign shall hereafter_be,erected whose top is a greater height than twenty- five (25) feet above the level of the ground immediately adjoining such a sign. No ground sign or billboard shall exceed sixty (60) feet in length. There shall be a clear opening at least two (2) feet between one (1) ground sign or billboard and any adjoining ground sign or billboard provided, however, that no opening between ground signs or billboards shall be re- quired if the total length of such ground sign plus the length of such additional ground sign or billboard does not exceed sixty (60) feet. There shall be a clear opening of at least three (3) feet between any ground sign or billboard hereafter erected and any adjoining building. I. ROOF SIGNS No roof sign shall be placed on the roof of any building so as to prevent free passage from the said roof to any other part thereof or interfere with any openings on such roof, and no sign that is placed upon the roof of any building shall project beyond the exterior wall, except signs which are placed at right angles to the wall.facing the street, which may project four (4) feet from the front building line, the same as is permitted for projecting signs. All roof signs except signs that are placed at right angles to the face of the building shall he so con- structed as to leave a clear space of not less than four (4) feet between the roof level and the lowest part of the structure, and at least five (5) feet clearance between the vertical supports thereof. When a roof sign is illuminated, light reflectors may project four (4) feet beyond the building line. Every roof sign shall be so securely attached, bracers or constructed, that it will safely sustain a wind pressure of thirty (30) pounds per square foot of exposed area. -47- Every roof sign shall be constructed of metal or some other incombustible material, including the upright supports and braces thereof. All roof signs shall be secured by, or bear upon masonry walls, columns or girders. No roof sign may be erected upon wood or frame constructed buildings, except by permission of the Board of Adjustment. Every such sign and all the supports, braces, guys and anchors, thereof, shall be kept inrepair and unless made of non-corroding material, shall be properly maintained and the Building Inspector may order the removal of any such signs that are not maintained in accordance with the conditions of this section. All chains, guys, fasteners, lag screws, etc. shall be made of galvanized metal, or equal corrosion resistant metal. J. WALLSIGNS No wall sign shall extend beyond the building line more than twelve (12) inches; except, however, if the sign is illuminated, the lighting reflectors may project four (4) feet beyond the building line, and provided further that all such wall signs must be safely and ads- quately attached to said building. No wall sign shall be so erected as to_cover-the doors or windows, used for exit or ventilation of any building or otherwise prevent free ingress or egress to or from any window, door or fire escape of any building. All wall signs, the bottom of which are erected at a height of ten (10) Feet or more above the public way, may extend beyond the building not more than eighteen..(18) inches. Every wall sign shall he made of incombustible materials, pro- vided however, that a limited amount of moulding or combustible materials may be,used, not to exceedfifteen (15) percent of the total sign. K. PROJECTING SIGNS All projecting sighs must be-made of.sheet metal or other non- flammable material. No projecting vertical sign shall extend more than ten (10) feet above the roof or top of the cornice wall. A sign attached to the corner of a building and parallel to the verticalline - of such corner she" be deemed to be a projecting sign and subject to all the restrictions of this chapter, pertaining to projecting signs. -48- 4 Every projecting sign must be constructed and braced to withstand a horizontal wind pressure of not less than thirty (30) pounds for every square foot of surface exposed and shall be rigidly and securely attached to the building wall or supporting structure in an approved manner. Projecting signs shall not extend more than six (6) feet beyond the building line measured at right angles to the front building line and on corner lots _measured _ radially outward to the point of inter- section of two (2) lines parallel to the building lines on both front and side streets except as follows:. 1. Projecting signs may be placed over a canopy and extend from the front building line to within two (2.) feet of the outer edge of the canopy. 2. No projecting sign shall be at its lowest point less than ten (10) feet from the ground ❑r public way. 3. All cables, guys, fasteners, lag screws, Etc. shall be made of galvanized metal or equal corrosion resisting metal. 4. There shall be allowed one (1) projecting pole type sign for each place of business, advertising the place of business or products sold at the place of business. This sign is not to exceed forty (40) square feat and may be placed not closer than five (5) feet from the property line. L. CANOPIES AND CANOPY SIGNS The Building Department shall not issue any permit for the erection or maintenance of a canopy"or canopy eign until after an application has been filed with the department for'such a permit, which application shall set forth in detail, the plans and specifications and location of said canopy or canopy sgn. When required by the Building Department, said applicant shall furnish complete proof, in the form of engineering calculations, stress, diagrams, etc., that the building to which the canopy, marquee or canopy sign is to be attached is so built that the addition of the canopy, marquee or canopy sign to the building wall, will in no case stress the materials in the building supporting said canopy, marquee or canopy sign beyond the limits of safety, as defined by Building Code or a Civil Engineer. Canopies or marquees may extend outward from the building to within two (2) feet of the property line. -49- No such canopy, marquee or canopy sigh shall be less than ten (10) feet in the clear at the lowest point above the level of the ground, and there may be placed an illuminated facia sign which may extend the entire length and width of the canopy provided such sign,does not extend more than four (4) feet above nor more than one (1) foot below such canopy, but under no circumstances, shall the sign or signs in single face be over two hundred (200) square feet and.double face over four hundred (400) square feet._ The Building Department may remove defective signs. Power and authority is hereby given the Building Department to remove, or cause to be removed, any and all defectiveor dangerous signs when the owner or agent has failed to comply with all orders to repair or make said sign in a safe manner. This order or requirement shall apply to all types of signs,-canopies, marquees and canopy signs, when defective installation makes it hazardous for the-public. Whenever any sign which does not comply with the provisions of this.chapter, shall blow or fall down, or if the sign is removed from-its location, except for maintenance, it- shall not be replaced or reconstructed, except in full compliance with the requirements of this chapter. M. EXISTING SIGNS Any sign which exists.at the time of the passage of this chapter, but does notconform with the provisions thereof, shall not be altered or enlarged without making the entire _sign _conform with the provision of this chapter. This provision, however, shall not be construed so as to prevent illuminating or repainting or relettering of same. N. AWNINGS Awnings shall be supported without posts by an iron bracket, or by an.iron-framework attached firmly to the building. The frames and supports for all such awnings shall be securely attached to the walls of the building upon which such awning shall be placed, and no such awning shall project more than ten (10) feet beyond the building line. _ The lower most point of the frame of such awning shall not be less than eight (8) feet above the-sidewalk and the lowest part of the curtain scallop or valance shall he at least seven (7) feet above thesidewalk when in use. The bracket or other device, frames and supports for the purpose used in this method of attaching same to the building, shall be such as to clear the heads of pedestrians at the building line. -50- The sidewalk and walkway must be left wholly unobstructed to insure the safety of pedestrians and shall be subject to the approval of the Building Inspector, but it shall not be necessary to issue a permit for awnings. 0. GENERAL RULES AND REGULATIONS No advertising structures or sign may be erected or maintained unless the name and mailing address of the person or company owning or maintaining it is plainly displayed thereon. No advertising structure or sign shall be placed within the right-of-way of any highway or in any way to be placed as to be considered a traffic hazard, as determined by the police department. No advertising structure or sign shall be placed upon the inside of a curve or within one hundred '(T00) feet of a railroad crossing or highway intersection if such-would obstruct or interfere with the view of a train, locomotive, automobile or other vehicle or cause any other hazard. P. SETBACK ADJUSTMENT In a block where the average setback of existing legal signs, within a distance of two h6ndred_(200) feet of both sides of a sign to be erected, is greater or less then the setback required for the district, the setback for such sign shall be not less than such average depth. Q. COURTESY BENCHES PERMITS REQUIRED: No courtesy bench shall be installed or maintained by any person, firm or corporation except upon the consent of the adjacent property owner and a permit obtained from a duly authorized inspector. APPLICATION FOR PERMITS: An application for a permit shall be submitted to the inspector disclosing the name of the applicant, the lo- cation of the proposed courtesy bench, together with any other information required by the inspector. One application may be made for one or more - benches provided however, that a separate fee shall be paid as hersin- after provided. -51- FEES NATURE OF PERMITS: Each application for a permit shall be accompanied by a fee of two dollars (32.00) for each courtesy bench except that if the application is filed on or after October 1, in any year, the fee shall be one dollar (S1.00) for each bench. All permits shall expire at midnight on the 31st day of March of each year. No refunds or rebates shall.be made when permits are revoked except as otherwise provided in this article. ISSUANCE OF PERMITS: If the Inspector shall find that the applicant has complied with all of the provisions of this article and that the maintenance-of a -bench at the proposed locations will not tend to obstruct passage or create -a hazard to persons traveling on the public way in the vicinity thereof, he shall issue a permit; otherwise said application shall he denied. PERMITS REVOKED: Any permit issued under authority of this article may be revoked by the Inspector for any of the following reasons and as hereinafter set forth: 1. Violation by permittee of any of the provisions of this article. 2. For any fraud or misrepresentation made by the permittee in the application. 3. For failure by the permittee or applicant to maintain in full force and effect the necessary indemnity band or evidence of public lia- bility insurance as required by this article. 4. Where continued maintenance of a bench at a specified location shall be deemed to be a hazard to pedestrians and vehicular traffic or prejudicial to the interest of the general public. In this event, the revocation shall be partial only and shall apply to the bench or benches involved. BENCH REMOVAL UPON PERMIT REVOCATION: In the event a permit is revoked for any bench, the permittee shall remove the bench within fifteen (15) days after receipt of notice of revocation. LOCATION AND MAINTENANCE OF BENCHES--SPECIFICATIONS: The permittee shall cause any courtesy bench to conform to the following requirements: 1. No bench shall carry any political advertising or pigarettes, beer or intoxicating liquor; nor shall any wording or sign on such bench display any wording which might mislead or distract traffic. -52- 2. No bench shall be more than forty-two (42) inches in height and two feet, six inches (21 6!1) wide and not more.than_seven (7) feet in length. Benches shall be uniform in appearance throughout the city and. Planning Director is empowered to make-and enforce rules and regulations. to accomplish this purpose. 3. Benches shall be.located..only at, designated bus stops and shall not.be;;maintained on.private property. The permittee.shall inspect each _ bench at least semi-monthly.. 4. No bench shall be maintained in any-alley nor at any location where the distance from the roadway or curb to-the property line is less than eight (8) feet,- unleas__the inspector in hisapproval of the application, finds that to maintain a,bench at such a location is in the public interest. Each. such bench shall be installed parallel with the street and set back approximately three (3) feet from the paved roadway or curb, except as may be otherwise permitted by the inspector with all respect to safety. Benches shall be kept at all times in a neat, clean.and_usable condition so-that each bench shall be accessible at all times.... 5. Advertising shall be displayed only on the front and rear sur- faces of the back rest..... . INDEMNITY TO CITY AND PUBLIC BY PERMITTEE: Before a permit for a courtesy bench shall he issued, the applicant shall post or maintain with the city, a bond or policy of insurance (Public Liability) approved by the city and conditioned substantially as follows: That. the permittee will indemnify and save harmless the city of Whe.at.Ridge, its officers, agents-and-employees from any and all loss, costs, damages, expenses or liability which may result from or arise out.of the,_granting. pf such permit, for the installation and maintenance of such bench for which a permit is issued and that the permittee will pay any and all loss or damage that may be sustained by any person as a result of or which may be caused by, or arise out-of, such installation or maintenance. The bond or policy of insurance-shall-be maintained in its original amount by the per- mittee at his or its expense _at_ all times during the period for which the permit is in effect. In the event that twe (2) or, more permits are issued to one permittee, one such bond or policy or insurance may be furnished to cover two-C2) or'mdre benches and each band or policy, shall be the type where.coverage shall automatically be restored after the occurrence of any accident or loss -53- from which liability may thereafter occur. The limit of liability upon any bond or policy so posted shall in no case be less than fifteen thousand dollars ($15,000.00) for death or injury of one person, five thousand dollars ($5,000.00)for property damage. Any bond'shall be accompanied by good and sufficient sureties approved by the city. The city shall notify the permittee of which any claim which the city has notice where such claim arises from the install- ation and maintenance of any courtesy bench as herein provided. OTHER REQUIREMENTS: In addition to the permit fee as set forth herein, the permittee shall also be required to obtain any other sign licenses, and pay any such sign permit fees as may be in force within the city. SECTION 25: EXCEPTIONS AND NONCONFORMING USES A. USE REGULATION 1. The lawful use of land or buildings existing at the time of the passage of this ordinance that does not conform with the regulations prescribed in the preceding sections of this ordinance, shall be deemed a nonconforming use. Such use may be continued subject to such regulations as to the maintenance of the premises and conditions of operation as may, in the judgement of the Board of Adjustment, be'"reasonably required for the protection of adjacent or neighboring property. However, if such nonconforming use is discontinued for a period of six (6) months or more, in the use of the land or for twelve (12) months or more in the use of a building, any future use of said land or building must be in conformity with the provisions of this ordinance. ' 2. A nonconforming use shall not be extended. The extension of a continuing use to any portion of a building which was arranged or ,designed for such nonconforming use at the time of the passage of this ordinance shall be deemed an extension of a nonconforming use within the meaning of this section. No building'may_be structurally altered to an extent exceeding sixty (60) percent of the market value of the building, at the time of alteration unless the use of said building is changed to a conforming use. A nonconforming use, if changed to a conforming use, may not thereafter be changed back to any nonconforming use. -54- • d/zed ii 3. Existing advertising signs which, although conforming to the use regulations of the district in which located, are nearer a lot line than prescribed herein, shall, within a period of one (1) year from the effec- tive date hereof, be moved to conform with the requirements of this or- dinance; provided, however, that this provision shall not apply to signs attached to or painted on the walls of a building: 4. If the city shall acquire title to any property, the use of such property shall thereafter be in conformity with this ordinance. B. HEIGHT REGULATION The height limits established herein for any district, shall not apply to chimneys, stacks, water towers, radio towers (including antenna), grain elevators, windmills, silos, elevators, penthouses, monuments, domes, spires, belfries, hangars and accessory mechanical appurtenances. C. AREA REGULATION 1. AREA AND MINIMUM WIDTH OF LOT. Under the following conditions the Board of Adjustment may permit 10:-KT the following exceptions to the area and width requirements hereinabove set forth, provided that such exceptions can be permitted without substantial detriment to the public good and without substantially impairing the intent and the purpose of the zoning plan as embodied in this ordinance and district maps: a. Where a lot, as shown on a subdivision plat which was on record in the office of the County Clerk and Recorder on or before April 10 1946, has a smaller area or less width than the minimums hereinabove required, the board of Adjustment may permit the use of such lot or of any building thereon, or the erection, conversion ror structural alteration of a building or buildings therecn, as though the area and width of such lot conformed to the minimums hereinabove required. b. Where the area of a lot is not less than the minimum here- inabove required and_the width of the lot is not less than eighty (80) percent of the minimum hersinabove required, or where the width of a lot is not less than the minimum`hereinabove requirtd,and the area of the lot is not less than eighty (80) percent of the minimum hereinabove required or where the area and width of a lot are not less than ninety (90) percent of the minimums hereinabove required, -55- - the Board -of.Adjustment_may permit the use of such lot or of any building thereon,-or the_eraction, conversion or structural alteration of a'building or buildings; thereon,_as though the area and width of such lot conformed to -the minimums hereinabove required. 2. FRONT YARD a. On a through lot, the front yard requirements of the district or districts-in which_such_lot is located shall apply to each street frontage. b. Every part of a required front yard-shall be open and unobstructed from its-7.awest_point -to the sky, except as herein- above provided, except for landscaping and fencing not prohibited by Section 24, of this ordinance and except for open fire escapes and stairways, chimneys and-one-story unenclosed porches which extend not more than eight (8) feet into the required front yard. c. If fifty (50) percent or more of the main buildings within a built up area in any district except the R-C (Restricted Com mercial) District, have less than the required front yard no new main building need have a front yard greater than the average prevailing in the built up area. If fifty (50) percent or more of the main buildings., within a- built up area in any district, have more than the re-quired.front yard, each new main building must have a front yard not less than the average prevailing in the built up area, except that for the purpose of computing such average, a front yard in excess of fifty (50) fast shall be deemed to be fifty _ (50)- feet. For the purposes:-of this subparagraph, an area shall be deemed '.built__up"- if-fifty (50) percent or more of the lots within two hundred(200) feet of each side lot line of any particular lot shall have been improved with buildings. 3. SIDE YARD Every part of a required. side, yard shall be_cpen and unobstructed from its lowest point to the sky except as hereinabove provided and hereinafter provided and except for landscaping and fencing not prohibited by Section 24.0f this ordinance. -56- Under the following conditions, the Board of Adjustment may permit the following exceptions to the side yard requirements hersinabove set forth, provided that such exceptions can be permitted without substantial detriment to the public good and without substantially impairing the intents and the purposes of the zoning plan as embodied in this ordinance and the district maps: a. The Board of Adjustment may permit on a side adjoining another lot a side yard of not less than sixty (60) percent of the minimum hereinabove required, if the owner or owners of such other lot shall consent in writing. b. Where a lot adjoins another lot on which a dwelling or other main building is situated, and such other lot has, an the adjoining side, a yard greater then the minimum hereinabove required less the amount by which the side yard of such other lot exceeds the minimum hereinabove required, whichever is the greater. c. The Boar of Adjustment may permit chimneys and open fire escapes and stairways to extend not more than five (5) feet into a required side yard if such chimneys, fire escapes or stairways can be so situated as not to obstruct-unrsasonably the light and ventilation of an existing dwelling or other main building on an adjoining lot. 4. REAR YARD a. Every part of a required rear yard shall be open and un- obstructed from its lowest point to the sky, except as hereinabove and hereinafter provided, except for landscaping and fencing not'. prohibited by Section 24 of this ordinance, and except for such normal accessories as clothes lines and incinerators. " b. The Board of Adjustment may permit chimneys and open fire escapes or stairways to extend not more than five (5) feet into a required rear yard if such rear yard abuts on an alley which is not less than sixteen (16) feet in width, provided that such exceptions can be permitted without substantial detriment to the public gnu& or without substantially impairing the intent and the purpose of the zoning plan as embodied in this ordinance and the district maps. a -57- SECTION 26: FENCES, WALLS AND OBSTRUCTION TO VIEW A. VISION CLEARANCE AT CORNERS AND RAILROAD CROSSINGS No fence, wall, hedge or other structure or other obstruction shove a height of forty-two (42) inches shall be erected, placed or maintained within fifty-five (55) feet of the intersection of the right-cf-way lines of two (2) streets or railroads, or of a street intersection with a rail- road right-of-way as depicted on the Section 26 sketch. Not withstanding any regulations set forth in Section 26 of this ordinance, nor any permit or variance granted by the Board of Adjustment; no type of tree, planting, sign, fence or portion thereof or any type of obstacle shall be planted, placed or retained in such a manner which would obstruct the vision clearance at corners, curb cuts, railroad crossingsor cause a traffic hazard. B. CLASSIFICATION OF FENCES AND WALLS 1. Masonry walls. 2. Ornamental iron (eighty percent (80%) open. 3. Woven Wire (eighty percent (80%) open). 4. Wood or other materials (more than fifty percent (50%) open). 5. Solid fences-wood or other materials (less than fifty percent (50%) open). 6. Hedges. 7. Barbed-wire or sharp-pointed fences. C. AGRICULTURAL DISTRICTS Fences and walls within the A-1 and A-2 Districts shall conform to the following requirements: 1. Section 24, Subsection A. 2. Class 1, 2,"3, 4, 5, 6 or 7, fences and walls may be erected and maintained to a maximum height of eighty-four (84) inches; however, when the A-1 and/or the A-2 District is adjacent to or within a de- veloped area, the requirements and erection shall be compatible with those of the adjacent areas and such fences and/or wails shall require the approval of the Building Inspector. D. RESIDENTIAL DISTRICTS 1. Fences and/or walls with the R-1, R-lA, R-1B, R-2, R-3, R-3A, -58- • R-T, Districts shall conform to the following requirements: a. Section 26, Subsection A and the requirements set forth and depicted on the section 26.Zketch. E. COMMERCIAL DISTRICTS Fences and/or walls within the R-C, R-C1, C-1 and C-2 Districts shall conform to the following requirements: 1. Section 26, Subsection A except front yard class 2 or 3 fences may be erected in the front yard up to a maximum height of seventy-two (72) inches. " 2. Side and rear yard, class 1, 2, 3, 4, 5, or 6 fences and/or walls may be erected up to a maximum height of seventy-two (72) inches, except that Section 26, Subsection A shall prevail at all intersections. F. INDUSTRIAL DISTRICTS Fences and/or walls, within the I-1, I-2 and I-3 Districts shall con- form to the following requirements: 1. Section 24, Subsection A except class 2 or 3 fences, no height regulation. 2. Class 1, 2, 3, 4, 5, 6 or 7 fences and/or walls, no height regulation. G. ALL PUBLIC BUILDINGS,-GROUNDS AND ANY PUBLIC STRUCTURE Fences and/or walls for all public buildings, grounds and/or any public structure shall conform to the following requirement: 1. Section 26, Subsection A except that class 2 or 3 fences shall be permitted with no height regulation. H. MEASUREMENT OF ALL FENCE AND/OR WALL HEIGHT AND/OR LOCATIONS 1. All fences and/or wall height shall be measured from the lot line. 2. All locations for distance measurements shall be measured from the lot line. I. HEIGHT OF ANY BARBED WIRE OR SHARP POINTED FENCE 1. No barbed wire or sharp pointed fence will be permitted under a height of seventy-two (72) inches in any zoned district with the exception of the A-1 and A-2 zoned districts. J. HEIGHT OF FENCES ATOP RETAINING WALLS 1. A combination fence and retaining wall may be erected to a height of seventy-twd (72) inches above the higher finished grade or ninety-six (96) inches above the lower finished grade, said measurement to be made at the property line, with the exception that the fence portion may not exceed -59- seventy-two (72) inches above the higher finished grade. SECTION 97: DEFINITIQNS A. For the purpose of this ordinance, certain words and terms are defined as follows: 1. ACCESSORY BUILDING: A subordinate building, or portion of a main building, the use of which is incidental to that of the main building on the same lot. 2. BUILDING: A structure having a roof supported by columns or walls. 3. BUILDING-HEIGHT OF: The vertical distance measured from the curb level to the highest point of the roof surface, if a flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridge for a gable, hip or gambrel roof; provided, however, where buildings are set back from the line, the height of the building shall be measured from the average elevation of the finished grade of the building. 4. CATTERY: Any building, structure or open space devoted in its entirety or in in part to the raising, boarding or harboring of four (4) or more adult cats. 5. CUL-DE-SAC: A non-thru or dead end local street with special features (bulb`) for the turning around of vehicles. A parcel of land that is designed to be accupied by a main building and accessory buildings, which attaches to the turn circle (bulb) of a dead-end street. 7. CUL-DE-SAG-LOT WIDTH: A cul-de-sac lot will have at least thirty (30) feet of street frontage. The average width of this lot shall be equal to the minimum required fron- tage of standard lots within any given zone district. However, lots fronting on cul-de-sacs (bulbs) will be exculded from meeting the "front yard" width requirements of the City of Wheat Ridge Zoning ordinance. 8. DWELLING-ONE FAMILY: A building designed for occupancy by not more than one family. -60- 9. DWELLING-TWO FAMILY: A building designed for occupancy by two families living in separate apartments as tenants from month to month or for a-term longer than one month. 10. DWELLING-MULTIPLE: A building or group of buildings designed for occupancy by three (3) or more families living in separate apartments as tenants from month to month or for a term longer than one (1) month. 11. FAMILY: Any number of individuals living together as a single housekeeping unit. 12. FARMING: The cultivation of land, including ranching or raising of livestock only, unless otherwise herein specifically provided. 13. FREEWAY: A state highway designated, in the manner provided by law, as a freeway. 14. GARAGE-PRIVATE: An accessory building or an accessory portion of a main building, de- signed for the shelter or storage of motor vehicles owned or operated by the occupants of the main building only. 15. GARAGE-PUBLIC: A garage, other than a private garage, used for the housing or care of motor vehicles, or where such vehicles are equipped for operation, re- paired or kept for:remuneration, hire or sale. 16. HIGHWAY-STATE: A road designated, in the manner provided by law as a state highway; or a right-of-way or parcel of real property owned by the state, or a governmental subdivision thereof, as a part of projected road to be constructed and designated as a state highway in the future. 17. HOME OCCUPATION: Uses that may be deemed by the Board of Adjustment to be customary and incidental,to the residential district and which are approved, and used, in conformance with provisions of ordinances of this municipality. 18. JUNK: Scrap brass, scrap copper, scrap iron, scrap lead, scrap tin, scrap zinc, and all other scrap metals and the alloys and bones, rags, used cloth, used rope, used rubber, used tinfoil, used bottles, old or used machinery -61- of any type, used tools, used appliances, used fixtures, used fixtures, used utensils, used lumber, used boxes or crates (fabricated of any material), used pipe or pipe fittings, used conduit or conduit fittings, used automo- biles in non-operative condition, used tires and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition. 19. JUNK YARD: An open area where any waste, junk, Used or second hand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires and battles. A ",junk yard" also includes an autowrecking yard of-storage or keeping of one (1) or more inoperative motor vehicles, (except where otherwise specifically permitted), but does not include uses established entirely within enclosed buildings. 20. KENNEL: Any building, structure or open space devoted in its entirety or in part, to the raising, boarding or harboring of four (4) or more adult dogs. 21. LABORATORY: A building or a portion of a building devoted to the experimental study in science or the testing and analysis of chemicals, drugs, explosives, minerals, etc. 22. LABORATORY-MEDICAL OR DENTAL: A building or portion of a building devoted to the use of providing bacteriological, biological, medical, x-ray, pathological and similar analytical or diagnostic services to doctors or dentists and where no fabrication is conducted on the premises, except the custom fabrication of dentures. 23. LIVESTOCK: Domestic animals of types customarily raised or kept on farms or ranches for profit or other productive purposes. 24. LOT: A parcel of land occupied or designed to be occupied by a main building and the accessory buildings or uses customarily incidental to such main building, including the open spaces required by this ordinance and such open spaces as are arranged and designed to be used in connection with such buildings. A lot may or may not be the land shown as a lot ❑n a-duly recorded plat. -62- - - 0 25. LOT-CORNER: A lot of which at least two (2) adjacent sides abut for their full length upon a street. 26. LOT-INTERIOR: A lot other than a corner lot. 27. LOT-THROUGH: An interior lot abutting on more than one (1) street or corner lot abutting on more than two. (2) streets. 28. LOT LINE-FRONT: The common boundary line between an interior lot (other than a through lot) and a street, or the common boundary line between a corner lot_(other than a tbrough lot) and that street toward which the.principal or usual entrance to the main building situate on such lot morenearly faces or the common boundary line between.a through lot and any adjacent street.' 29. LOT LINE-REAR, That boundary line of a lot which is most nearly opposite the front lot line of such lot, other than a through lot. 30. LOT LINE-SIDE: Any boundary line of a lot, other than a front lot line or rear lot line. 31. MOBILE-HOME: Any assembled or manufactured living unit designed for permanent human occupancy, possessing a length greater than twenty-five (25) feet and being equipped for use with wheels for purposes of relocation by highway and/or rail transportation. 32. MOBILE HOME PARK: Land or property utilized far or intended for the use of renting occupancy spaces for one (1) or more-mobile homes. 33.- -PORCH-UNENCLOSED: A porch which isopen to the atmosphere on at least two (2) sides. 34. SETBACK LINE-FRONT: A line parallel with a front lot line of a lot, tangent to that part of a building situate on such lot (other than an open fire escape or stairway, a chimney or a one-story unenclosed porch) with is closest.to such lot line -63 and intersecting two (2) other lot lines of such lot. 35. SETBACK LINE-FRONT-CUL-DE-SAC: A line concentrically parallel to the right-of-way line of the street on the cul-de-sac (bulb) and a line parallel to and a minimum of twenty (20) feet from the right-of-way line of the remainder of the cul-de-sac. (See Figure 1, Section 29). On cul-de-sac lots, the Board of Adjustment may not issue a line and the cul-de-sac right-of-way line depicted (see Figure 1, Section 29.) The projection of the front setback line in situations where the cul-de-sac is eccentric, shall conform to Figure 1, Section 29. 36. SETBACK LINE-REAR: A line parallel with a rear lot line of a lot, tangent to that part of a building situate on such lot which is closest to such rear lot line and intersecting two (2) other lot lines of such lot. 37. SETBACK LINE-SIDE: A line parallel with a side lot line of a lot,-tangent to that part of a building situate on such lot which is closest to such side lot line and intersecting two (2) other lot lines of such lot. 38. STREET: A public thoroughfare for vehicular traffic. 39. STRUCTURE: Anything constructed or erected, the use of which requires a more or less permanent location on the ground; but not including earthworks, ditches, canals, dams, reservoirs, pipelines, telephone or telegraph or electric power lines, walks, driveways or curbs. 40. STRUCTURAL ALTERATIONS: Any change in the supporting members of a building such as bearing walls, columns, beams or girders, floor joists or roof joists. 41. TAVERN: Any establishment selling by the drink, fermented malt beverages, or malt, vinous or spirtuous liquors, as defined by Sections 1 and 2 of Chapter 75, Colorado Revised Statutes, 1963, as amended. 42. TOURIST COURT OR CAMP: A building or a group of buildings designed for occupancy by transients. 43. TRAVEL CAMPERS (AtSO_TO INCLUDE FACILITIES REFERRED TO AS CAMPERS, CAMP TRAILERS OR TRAVEL TRAILERS): -64- A living unit designated for temporary occupancy, attaining no further length than twenty-five (25) feet and being equipped for use with wheels or mounted on motorized vehicle, for the purpose of relocation by highway transportation. 44. TRAVEL CAMPER PARK: Land or property utilized for or intended for use of renting temporary occupancy space to transient users of travel campers. 45. VETERINARY HOSPITAL: A place where animals or pets of all types are given medical or surgical treatment. Use as a kennel shall be limited to short-time boarding and shall only be incidental to such hospital use and need not be enclosed within the main building. 46. VETERINARY HOSPITAL (SMALL ANIMAL, ENCLOSED): A place where small animals or pets (dogs, cats, birds and the like) are given medical or surgical treatment. Use as a kennel shall be limited to short-time boarding and shall only be incidental to such hospital use. All uses shall be enclosed within a sound-proof building which emits no objectionable odor. 47. WIDTH OF LOT: The shortest distance between any two (2) lot lines of a lot which are intersected by the same front setback line measured from b1thpr.of such points of intersection. 48. YARD: An open space on the same lot with a building, unoccupied and unobstructed from the ground upward except'as otherwise provided herein. 49. YARD FRONT: That portion of a lot lying between a public street and nearest parallel front setback line of such lot. 50. YARD-REAR: That portion of a lot lying between the rear lot line and the rear setback line of such lot. 51. YARD-SIDE: That portion of a lot lying between k.-,side lot line and the nearest parallel side setback line of such lot. -65- S. Words used in the present tense include the future; words in the singular number include the plural, and words in the plural number include the singular; the word "building" includes the word "structure" and the word "shall" is mandatory and not directory. SECTION 28: CHANGED AND AMENDMENTS A. A time limitation of one (1) year shall be required during which resubmission of a rezoning application, previously denied, pertaining to the same parcel of ground, or portion thereof, and a similar zone classi- fication will not be accepted by the Planning Commission for consideration unless evidence is presented clearly showing that a substantial change in physical conditions and circumstances warrants an earlier hearing. No rezoning application shall be accepted by the Planning Commission as long as there is a pending application for rezoning of said premises before the Planning Commission, the City Council, the Board of Review or in a court of record, and for one (1) year thereafter. The time lim- itation of one (1) year herein established shall be computed from the date of final determination of the rezoning application or of final judgement of any court of record. SECTION 29: REZONING APPLICATION Fees Applications for rezoning shall be submitted on forms provided by the Planning Director to the Planning Office. A fee of one hundred dollars ($100.) shall accompany each application. SECTION 30: INTERPRETATION In interpreting and applying the provisions of this ordinance they shall be held to be the minimum requirements for the promotion of public health, safety, morals, convenience, order, prosperity and the general welfare. It is not intended by this ordinance to interfere with or abrogate or annul any easements, covenants or agreements between parties, provided, however, that wherever thin ordinance imposes a greater restriction upon the use of buildings or land or upon the location or height of buildings or structures or required larger open spaces about buildings than are imposed or required by other laws, resolutions or by easements, covenants or agreements between parties, the provisions of this ordinance shall govern. -66- SECTION 31: VIOLATION AND PENALTY Any person, firm or corporation violating any regulation of this ordinance, shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not more than one hundred dollars ($100.00) or imprisoned not more than tan (10) days, or both. Each and every day during which the violation continues shall be deemed a separate offense. In case of a violation of this ordinance, the city council, the City Attorney or any owner of real estate in the zoned area may in- stitute Injunction proceedings to halt such violation. SECTION 32: VALIDITY Should any section, clause, sentence or part of this ordinance be adjudged by any court or competent jurisdiction, to be unconstitutional or invalid, the same shall not affect, impair or invalidate the ordinance as a whole or any part thereof, other than the part so declared to be invalid. SECTION 33: APPLICATION OF ORDINANCE This ordinance shall apply throughout the municipality of Wheat Ridge. SECTION 34: EFFECT OF ORDINANCE if any part or parts of this ordinance are for any reason held to be invalid or unconstitutional, such decision shall not effect the validity or constitutionality of the remaining portions of this ordi- nance. The City Council hereby declares that it would have passed : this ordinance and each part or parts thereof, irrespective of the fact that any one part or parts be declared invalid.or unconstitutional. SECTION 35:' SHORT TITLE This ordinance may be known and cited as the Wheat Ridge Zoning Ordinance. SECTION 36: EMERGENCY CLAUSE The Provisions of this ordinance are necessary to the immediate preservation of the public health, safety and welfare of the citizens of Wheat Ridge for the following reasons: -67- 1. No Zoning ordinances exist in the City because the city having just completed incorporation August 20, 1969, has not heretofore adopted streets any ordinances relating to congestion of or roads, safety from fire and other dangers, providing light and air; avoiding undue transportation, otion of population, facilitating the adequate provision of water, sewage, schools and other public requirements. ordinances are necessary to preserve the public health, 2. Zoning= safety, and welfare of the City of Wheat Ridge. SECTION 37: EFFECTIVE DATE in force five (5) This ordinance shall take effect and be day 'after passed publication following final passage providing it shall have been p by an affirmative vote of three-fourths (3/4) of the members of the City Council; otherwise, said ordinance shall take effect thirty (30) days after publication following final passage. INTRODUCED, READ AND ORDERED PUBLISHED ON FIRST READING this 24th day of October A.D., 1969- PASSED, ADOPTED AND ORDERED PUBLISHED ON SECOND AND FINAL READING by a vote of 5 to 0 this 10th day of November A.D. 1969. , ATTEST: City Clerk ayor 4E.AnderZson Alb -68- • SFRION R65NFi<N w boo THIS EXHIBIT ISA PART Of, [ yr~ ~ p'~°"av['oar.-nwr t«I wean n~irtiwr ARM IRCORPORATFO WITHIN THE ~'''°°w unxonwuma unrrv-r.o vzl ixan ZONING ORDINANCE OF THE CITY ' Of 1YIIFAi RIDGE, STATE OF OfWHEAT CERTIFICATE-OF POSTING I, Louise F. Turner hereby certify that Ordinance # was duly posted by me following first reading on the day of 6 C TOlm P 1969, at the following locations within the City of Wheat Ridge: Wheat Ridge Post Office Wheat Ridge Branch Library Westridge Sanitation District Office Columbia Heights School Prospect Valley Fire Department Wheat Ridge City Office I, Louise F. Turner hereby certify that Ordinance was duly posted by me following second reading on the j/f/jday of A/OOf-NiBS,e 1969, at the above locationswithin the City of _ Wheat Ridge. 72, Louise F. Turner City Clerk SEAL