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Home My WebLink AboutOrdinance-1972-0098 - Establishing Comprehensive Zoning RegulationsCERTIFICATE OF POSTING. We, Louise F. Turner and Helen Elise-McMillen hereby - - certify that Ordinance No. 98 was duly posted by us following first reading on the 14th day of January.. 1972 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 DppartmBnt Wheat Ridge City Office Wheat Ridge Council Chambers-__ We, Louise F. Turner and Helen Elise McMillen hereby certify that Ordinance No. 98 was duly posted by us following second-reading on the. 21st and 28th days of April 1972 at the following locations within the City of Wheat Ridge listed above. ✓/4Gc~ - Louise F. Turner City Clerk ti y y A 4A ~ Irt, C ~ { . r Helen Eli e McMillen Deputy City erk o~~T INTRMUEED BV ALDERMAN HOWARD ORDINANCE NO. 98 Series of 1971 • TITLE. AN ORDINANCE ESTABLISHING COMPREHENSIVE ZONING REGULATIONS FOR THE CITY OF WHEAT RIDGE, COLORADO, AND PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT, AND AMENDMENT THEREOF, IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 139, ARTICLE 59 AND ARTICLE 60 OF THE COLORADO REVISED STATUTES, AND FOR THE REPEAL OF ORDINANCE NO. 11 AND ALL AMENDMENTS THERETO AND ALL OTHER ORDINANCES OR PARTS WHICH ARE IN CONFLICT HEREWITH. WHEREAS, Chapter 139, Article 6G of the Colorado Revised Statutes empowers the City to enact a zoning ordinance and to provide for its administration, en- forcement, and amendment; and WHEREAS, the City Council deems it necessary for the purpose of promoting the health, safety, morals or general welfare of the City to enact such an ordinance; and t WHEREAS, the City Council, pursuant to the provisions of Chapter 139, Article 59 and Article 60 of the Colorado Revised Statutes has appointed a Planning Com- mission to recommend the boundaries of the various original districts and appro- priate regulations to be inforced therein; and WHEREAS, the Planning Commission had divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehen- sive plan designed to 'lessan congestion in the streets; to secure safety from fire, panic, and Other dangers; to promote health and general welfare; to provide ade- quate light and air; to prevent the overcrowding of land; and to avoid undue con- cantretion of population; to facilitate the adequate provision of transportation,, water, sewerage, schools, parks and other public requirements; and WHEREAS, the Planning Commission has given reasonable consideration among other things to the character of the districts and their peculiar suitability for per- ticular uses, with a view to conserving the value of property and encouraging the most appropriate use of land throughout the municipality; and WHEREAS, the Planning Commission has made a preliminary report and held pub- lic hearings thereon, and submitted its final report to the City Council; and WHEREAS, the City Council has given due public notice of hearings relating to zoning districts, regulations, and restrictions and has held such public hearings; and WHEREAS, all the requirements of Chapter 139, Article GO of the Colorado Revised Statutes with regard to the preparation of the report of the Planning Commissionand subsequent action of the City Council have been met. NOW, THEREFORE, BE IT ORDAINED BY, THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO. SECTION ONE: ESTABLISHMENT OF DISTRICTS - PROVISIONS FOR OFFICIAL ZONING MAP The City is hereby divided into zones or districts as shown on the Official Zoning Map which together with all explanatory matter thereon is hereby adopted by reference and declared to be a part of this ordinance. A. Procedure for Change - if, in accordance with the provisions of this ordin- ance and Chapter 139, Article 60 of the Colorado Revised Statutes, changes are made in district boundaries or other matter portrayed on the Official Zoning Map, such changes shall be entered an the Official Zoning Map promptly after the amend- ment has been approved by City Council. Na amendment to this ordinance, which in- volves matter portrayed on the Official Zoning Map, shall become effective until after such change entry shall be made an said map. B. Prohibition of Unauthorized Change - No thanges.of any nature shall be made in the Official Zoning Map or any matter shown thereon except in conformity with the procedures set forth in this ordinance. Any unauthorized change of-whatever kind by any person or persons shall be considered a violation of this ordinance and shall be punishable as provided under Section 32 of this ordinance. 0. Location of Official Map - Regardless of the existence of purported copies of the Official Map which may from time to time be made or published, the Official Zoning Map shall be located in the office of the City Clerk, the City of Wheat Ridge, Colorado, and shall be the final authority as to current zoning status of all land and water areas in the City of Wheat Ridge. D. Procedure for Replacing Official Zoning Map - In the event that the Official Map becomes damaged, destroyed, lost or difficult to interpret because of the, nature or number of changes and additions, the City Council may by resolution, adopt a new Official Zoning Map which shall supersede.the prior Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or omis- sions in the prior Official Map, but no such, correction shall have the effect of r -2- amending the original Official Zoning Map or any subsequent amendment thereof. E. Retention of Prior Official Zoning Maps - Unless the prior Official Zoning Map has been lost or has been totally destroyed, the prior map or any sufficient parts thereof remaining shall be preserved together with all available records pertaining to its adoption or amendment by the City Clerk. -3- SECTION TWO: RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES Where uncertainty exists as to the boundaries of districts as shown on the Official Map, the following rules shall apply: A. Boundaries indicated as approximately following the center line of streets, highways or alleys, shall be construed to follow such center lines. B. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines. C. Boundaries indicated as approximately following City limits shall be construed as following City limits. D. Boundaries indicated as approximately following railroad lines shall be con- strued to be midway between the main tracks. E. Boundaries indicated as approximately following shorelines shall be construed to follow such shorelines. Boundaries indicated as approximately following the centarlines of streams, rivers, canals, lakes or other bodies of water shall be construed to fallow such canterlines. in the event of a natural change in the shoreline or centerline, the district boundary shall be construed as moving with the actual shoreline or centerline. In the event of a change directly or indi- rectly the result of human actions the district boundary shall not be construed as following the new shoreline or centsrline. 5. Boundaries indicated as parallel to or extensions of features indicated in subsections A through E above shall be so construed. Distances not specifically Indicated on the Official Zoning Map shall be determined by the legal description as adopted by the Jefferson County Zoning Resolution on May 5, 1946 and all amend- mants thereto. In no instance shall districts be construed to be a greater or lessor distance than those amendments to the Zoning Map as recorded in the pro- ceedings of the Commissioners of the County of Jefferson and the City Council of the City of Wheat Ridge unless redistricting has occured an the Zoning Map at which time this shall not apply and the Board of Adjustment shall interpret the district boundaries. S. Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by subsections A through F above, the Board of Adjustment shall interpret the dis- trict boundaries. -4- H. Where a district boundary line divides a lot which was in single ownership at the time of passage of this ordinance, the Board of Adjustment may permit as a Special. Exception the extension of the regulations for either portion of the lot, nut to exceed fifty (50) feet beyond the district line into the remaining portion of the lot. I. Boundaries indicated as approximately following section lines or subdivision lines of section (i.e. quarter-section lines), shall be construed to follow such land lines. -5- SECTION THREE: ZONING DISTRICTS In order to regulate the location, height, bulk and size of buildings and other structures, the percentage of lot which may be occupied, the size of lots, courts and ether open spaces, the density and distribution of population, the location and uses of land, building and structures for trade, industry, residence, recreation, public activities or other purposes, the City of Wheat Ridge is hereby divided into the following districts: Residential-One (R-1)' Residential-One A (R-1R) Residential-One 8 (R-18) Residential-One C (R-1C) Residential-Two (R-2) Residential-Two A (R-2A) Residential-Three (R-3) Residential-Three A (R-3A) Planned Residential Development (PRD) Mobile Home - Recreational Coach Park (MP-1) Agriculture-One (A-1) Agriculture-Two (A-2) Restricted Commercial-One (RC-1) Restricted Commercial (RC) Commercial-One (C1) Commercial-Two (C-2) Planned Commercial Development (PCD) Industrial (I) Hospital-One (H-1) Hospital-Two (H-2) -6- SECTION FOUR: RESIDENTIAL-ONE DISTRICT A. USE REGULATIONS: No building or land shall be used and no building shall be hereafter erected, converted ar structurally altered unless otherwise provided herein except for one or more of the following uses: 1. One family dwelling 2. Private garage 3. Household pets 4. Private stables for not more than four (4) animals per acre, providing the minimum square footage of open space for the keeping of private stables for horses, cows, sheep, or milking goats shall be nine thousand (9,000) square feet for the first animal and six thousand (6,000) square feet for each additional animal per- mitted. The area of the pen or corral shall be a minimum of eight hundred (800) square feet for the first animal and an additional one hundred (100) square feet required for each additional animal permitted, private poultry houses containing not more than four hundred (400) square feet of ground floor area and private rab- bit hutches containing not more than one hundred (100) square feet of ground floor area. 5. Church and/or pariah house - 6. Public, parochial or private school (but not including private vocational trade, professional, or schools for subnormal or mentally ill adults or children), preschool and day nurseries for not more than six (6) children. 7. Public library, parks, nan-commercial playgrounds or other public recre- ation use. Private golf courses, country club or other private club operated far benefit of members only and not for gain (but not including a private club which provides a service customarily carried on as a business.) 8. Home occupations in which chattels, goods, wares, or merchandise are not commercially created, stored or sold. 9. Rooming and/or boarding of not more than three (3) persons 9. SPECIAL USES: 1. The following uses shall be permitted only upon approval of the Wheat Ridge Planning Commission: a. Governmental buildings, fire station and public utility buildings where no warehousing, storage facilities or repair facilities are maintained. b. Water supply reservoir, wells, water towara, filter beds, or irri- gation canal. -7- C. HEIGHT REGULATION: 1. No building shall exceed thirty-five (35) 'Peet in height. D. AREA REGULATIONS: 1. Area of lot_: For every dwelling or other main building erected or struc- turally altered, there shall be a minimum gross lot area of twelve thousand five hundred (12,500) square feet. 2. Width of lot: The minimum width of such lot shall be one 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. Where lot is not on a public street, minimum width shall be measured along the boundary line between the lot and the adjacent lot toward which the main entrance of the building most nearly faces. 3. Front yard: The minimum depth of front yard for each dwelling or other main building shall be thirty (30) feet when the front yard is adjacent to a ded- icated public street. The minimum depth of front yards which front exclusively on the bulb of a cul-de-sac shall be ten (10) feet. Private garages shall have a min- imum setback of thirty (30) feet. Accessory buildings housing livestock shall set back one hundred (100) feet from the front lot line. 4. Side yard: There shall be a minimum of fifteen (15) feet side yard set- back on each side of the structure. The minimum width of side yard adjacent to a dedicated public street shall be thirty (30) feet. . 5. Rear yard: The minimum depth of rear yard shall be five (5) feet. 5. Lot coverage: Not more than twenty-five (25) peroent of the gross lot area shall be covered by the main structure and/or all accessary structures. E. PARKING REGULATIONS: 1. There shall be provided a minimum urahdlosed off-street parking of two (2) parking spaces per dwelling unit with each space having one hundred fifty (150) square feet. 2. All curb cuts for parking shall not be less than twelve (12) feet and not more than twenty (20) feet in width. F. FENCES, WALLS, AND OBSTRUCTIONS TO VIEW: 1. No fence, well, hedge, or other structure, other than a main structure, shall exceed a height of forty-two (42) inches or shall be erected, placed or maintained within fifty-five (55) feet of an intersection of two (2) or more street right-of-way lines. 2. No fence, wall or other obstruction shall be erected above a height of forty-eight (48) inches within the distance caused by the intersection of a side -a- lot line with an extension line of the front well of a main structure and no fence or well or other obstruction shall be erected above a height of seventy-two (72) inches in instances not otherwise specified. 3. No type of tree, plant, sign, fence, well, hedge, or other obstruction to vision shall be placed or retained in such a manner as to obstruct vision at any intersection of streets or cause a traffic hazard. 4. Fence types permitted: a. Masonry walls b. Ornamental iron c. Woven wire d. Wood or other material e. Hedges 5. Fence types prohibited: a. Fences carrying electric current . b. Any fence, if in the opinion of the Chief Building Inspector, that would constitute a hazard to the health of any person. B. ACCESS TO PUBLIC RIGHT OF WAY: Where lot upon which building is to be constructed is not on a public right- of-way, access to such lot from a public right-of-way must be,_prnvidad through a recorded easement or private roadway of record having a minimum width of twenty, five (25) feet. No more than three (3) dwelling units may use the same recorded easement or private roadway of record. -9- ! • SECTION FIVE: RESIDENTIAL-ONE A DISTRICT A. USE REGULATIONS: No building or land shall be used and no building, shell be hereafter erected, converted or structurally altered unless otherwise provided herein except for one or more of the fallowing uses: 1. One 'Family dwelling 2. Private garage 3.. Household pets 4. Church and/or parish house 5. Public, parochial or private school (but not iheluding private vocational trade, professional, or schools for subnormal or mental-IV ill adults or children), preschool and day nurseries for not more then six (6) Children. 6. Public library, parks, non-commercial playgrounds at other;-public recre- ation use. Private golf course, country club or other private club operated for benefit of.members only and not for gain (but not including, a private club which provides a service customarily carried on as a business). 7. Hama occupations in which chattels, goods, wares, or merchandise are not commercially created, stpred or sold. 8. Rooming and/or boarding of not more than three (3) persons. 9. Private stables 'for not more than four (4) animals per acre, providing the minimum square footage of open space for the keeping of private stables for horses, cows, sheep, or milking goats shall be nine thousand (9,Op0) square feet far the first animal and six thousand (6,000) square feet for each additional animal permitted. The area of the pen or carrel shall be a rtfinimum of eight hun- dred (800) square feet far the first animal and an additional onm hundred (100) square feet required for each additional animal permitted. 8. SPECIAL L19ES: 1. The following uses snail be permitted only upon approval of tha City of Wheat Ridge Planning Commission: a. 8nvernmental buildings, fire stations and public -utility buildings where no warehousing, storage facilities or repair facilities are Maintained. b. Water supply reservoir, wells, water towers, filter beds, or irri- gaticn canal. C. HEIGHT REGULATION: 1. No building shall exceed thirty-five (35) feet in height. _10- D. AREA REGULATIONS: 1. Area of lot: For every dwelling or other main building erected or struc- trually altered, there shall be a minimum gross lot area of nine thousand (91OQO) square feet except that corner lots shall have -a minimum gross lot area of nine thousand six hundred (9,600) square feet. 2. Width of lot: The minimum width of such lot shall be seventy-five (75) feet except that corner lots shall have a minimum width of eighty (80) feet where such distance is measured along a public street or at setback line from such pub- lic street. Where lot is not on a public street, minimum width shall be measured along the boundary line between the lot and the adjacent lot toward which the main entrance of the building most nearly faces. 3. Front yard: The minimum depth of front yard for each dwelling or other main building shall be thirty (30) feet when the front yard is adjacent to a dedi- cated public street. The minimum depth of front yards which front exclusively on the bulb of a cul-de-sac shall be ten (10) feet. Private garages and accessory buildings shall have a minimum setback of thirty (30) feet. Accessory buildings housing livestock shall set back one hundred (100) feet from the front lot line. 4. Side yard: There shall be a minimum of fifteen (15) feet side yard set- back between adjacent structures of which a minimum of five (5) feat shall be re- quired by one of the lots or parcels upon which the structures are placed. There shall also be a minimum of fifteen (15) feet side yard setback on every individual lot or parcel upon which a structure is placed. The minimum width of side yard adjacent to a dedicated public street shall be thirty (30) feet, 5. Rear yard: The minimum depth of rear yard shall be twenty (20) feat far the main building and no accessory structure shall be erected within five (5) feet of the rear-lot line. 6. Lot coverage: Not more than thirty (30) percent of the gross lot area shall be covered by the main structure and/or all accessory structures. E. PARKING REGULATIONS: 1. There shall be provided a minimum unenclosed off-street parking of two (2) parking spaces per dwelling unit with each space having one hundred fifty (150) square feet. 2. All curb cuts for parking shall not, be less than twelve (12) feet and not more than twenty (20) feet in width. F. FENCES, WALLS, AND OBSTRUCTIONS TO VIEW: 1. No fence, wall, hedge, or other structure, other than a main structure shall exceed a height of forty-two (42) inches or shall be erected, placed or -11- maintained within fifty-five (55) feet of an intersection of two (2) or more street right-of-way lines. 2. No fence, wall or other obstruction shall be erected above a height of forty-eight (48) inches within the distance caused by the intersection of a side lot line with an extension line of the front wall of a main structure and no fence or wall or other obstruction shall be erected above a height of seventy-two (72) inches in instances not otherwise specified. 3. No type of tree, plant, sign, fence, wall, hedge, ex other obstruction to vision shall be placed or retained in'such a manner as to obstruct vision at any intersection of streets or cause a traffic hazard. 4. Fence types permitted: a. Masonry walla b. Ornamental iron c. Woven wire d. Wood or other material e. Hedges 5. Fence types prohibited: a. Fences carrying electric current b.. Any fence, if in the opinion of the Chief Building Inspector, that would constitute a hazard to the health of any person. G. ACCESS TO PUBLIC RIGHT OF WAY: Where lot upon which building is to be constructed is not an a public right- of-way, access to such lot fron a public right-of-way must be provided through a recorded easement or private roadway of record having a minimum width of twenty- five (25) feet. No more then three (3) dwelling units may use the same recorded easement or private roadway of record. -12- SECTION SIX: RESIDENTIAL-ONE 6 DISTRICT A. USE REGULATIONS: Ato building or land shall be used and no building shall be hersafter erected, nless Otherwise provided herein except for one converted or structurally altered u or more of the following uses: 1. One family dwelling 2. Private garage -3. Houaehold pets 4. Church and/or parish house 5. Public, parochial or private school (but not including private vocational trade, professional, or schools for subnormal or mentally ill adults or children), preschool and day nurseries for not more than7six (6) children. 6. Public library, parks, non-cammarcial playgrounds or other public recre- atien use. Private golf course, country club or other private club operated for benefit of members only and not for gain%(but not including a private club which provides a service customarily carried on as a business). 74 Home occupations in which chattels, goods., warns, or merchandise are not commercially orgeted, stored or sold. 8. Rooming and/or boarding of not more than three (3) persons 9. Private stable for not more than four (4) animals per acre, providing the minimum square footage af'opsn spade for the keeping of private stablas for horses, cows, sheep, or milking goats shall be nine thousand (5,0017) square feet for the first animal and six thousand (6,000) square feet for each additional animal per- mitted. The area of the pan or corral shall be a minimum of eigbt hundred (800) square fast for the first animal and an additional erne hundred (100) square feet required for each additional animal permitted. -Private poultry houses containing not more then four hundred (400) square feet of ground floor area and private rab- bit hutches containing not more than one hundred (100) square feet of ground floor area. 8. SPECIAL USES: 1. The following uses shall be permitted only upon approval of the City of Wheat Ridge Planning commission: a. Gbvernmantal buildings, fire stations and public utility buildings where no warehousing, stor'a'ge facilities or repair facilities are meintahad. b. Water supply raser~oir, wells, water tOWSrS, filter beds, or irri- getipn canal. _13_ C. HEIGHT REGULATIONS: 1. No building shall exceed thirty-five (35) feet in height. D. AREA REGULATIONS: 1. Area of lot: For every dwelling or other main building erected or struc- trually altered, there shall be a minimum gross lot area of seven thousand five hundred (7,500) square feet. 2. Width of lot: The minimum width of such lot shall be sixty (50) 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. The width of corner lot shall be eighty (80) feet. Where lot is not on a public street, mini- mum width shall be measured along the boundary line between the lot and the adjacent lot toward which the main entrance of the building most nearly faces. 3. Front yard: The minimum depth of front yard for each dwelling or other main building shall be thirty (30), feet when the front yard is adjacnnt to a dedi- cated public street. The minimum depth of front yards which front exclusively on the bulb of a cul-de-sac shall, be ten (10) feet. 'Private garages and accessory buildings shall have a minimum setback of thirty (30) feet. Accessary buildings housing livestock shall set back one hundred (100).feet from the front lot line. 4_ Side yard: There shall be a minimum of fifteen (15) feet side yard set- back between adjacent structures of which a minimum of five (.5) feet shall be re- quired by one of the lots or parcels upon which the Structures are placed. There shell also be a minimum of fifteen (15) feet side yard setback en every.individual lot or parcel upon which the structure is placed. The minimum width of side yard adjacent to a dedicated public street shall be thirty (30) feet. 5. Rear yard: The minimum depth of rear yard shall be twenty (20) feet for the main building acrd no accessory structure shall be erected within five (5) feet of the rear lot line. S. Lot coverage: Not more than thirty (30) percent of the gross lot area shall be covered by the main structure endfor'sll accessory structures. E. PARKING REGULATIONS: 1. There shall be provided a minimum unenclossd off-street parking of two (2) perking spaces per dwelling unit with each space having one hundred fifty (150) square feet. 2. All curb cuts for parking shall not be less than twelve (12) feet and not more than twenty (20) feet in width.. -14- e F. FENCES, WALLS, AND OBSTRUCTIONS TO VIEW: 1. No fence, wall, hedge or other structure, other than a main structure, shall exceed a height of forty-two (42) inches or shall be erected, placed or maintained within fifty-five (55) feet of an intersection of two (2) or more street right-of-way lines. 2. No fence, wall or other obstruction shall be erected above a height of forty-sight (48) inches within the distance caused by the intersection of a side lot line with an extension line of the front wall of a main structure and no fence or wall or other obstruction shall be erected above a height of seventy-two (72) inches in instances not otherwise specified. 3. No type of tree, plant, sign, fence, wall, hedge, or other obstruction to vision shall be placed or retained in such a manner as to obstruct vision at any intersection of streets or cause a traffic hazard. 4. Fence types permitted: a. Masonry walls b. Ornamental iron c. Woven wire , d. Wood or other material s. Hedges 5. Fence types prohibited: a. Fences carrying electric current b. Any fence, if in the opinion of the Chief Building Inspector, that would constitute a hazard to the health of any person. G. ACCESS TO PUBLIC RIGHT OF WAY: Where lot upon which building is to be constructed is not an a public right- of-way, access to such lot from a public right-ofi-way must be provided through a recorded easement or private roadway of record having a minimum width of twenty- five (25) feet. No more than three (3) dwelling units may use the same recorded easement or private roadway of record. -15- E 0 SECTION SEVEN: RESIDENTIAL-ONE C DISTRICT A. USE REGULATIONS: 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. One family dwelling 2. Private garage 3. Household pets 4. Church and/or parish house 5. Public, parochial or private school (but not including private vocational trade, professional, or schools for subnormal or mentally ill adults or children), preschool and day nurseries for not more than six (6) children. 5. Public library, parks, non=commercial playgrounds or other public recre- ation use. Private golf courses, country club or other privets club operated for the benefit of members only and not for gain (but not including a private club which provides a service customarily carried on as a business). 7. Home occupations in which chattels, goods, wares, or merchandise are not commercially created, stored or sold. 8. Rooming and/or boarding of not more than three (3) persons. 9. Private stables for not more then four (4) animals per acre, providing the minimum square footage of open apace for the keeping of private stables for horses, cows, sheep, or milking goats shall be nine thousand (9,000) square feet for the first animal and six thousand (6,000) square feet for each additional animal permitted. The area of the pen or corral shall be a minimum of eight hun- dred (800) square feet for the first animal and an additional one hundred (100) square feet required for each additional animal permitted. B. SPECIAL USES: 1. The following uses shall be permitted only upon approval of the City of Wheat Ridge Planning Commission: a. Governmental buildings, fire stations and public utility buildings, where no warehousing, storage facilities or repair facilities are maintained. b. Water supply reservoir, wells, water towers, filter beds, or irri- gation canal. C. HEIGHT REGULATION: 1. No building shall exceed thirty-five (35) feet in height. -Is- D. AREA REGULATIONS: 1. Area of lot: For every dwelling or other main building erected or struc- turally altered, there shall be a minimum of five thousand (5,000) square feet. 2. Width of lot: The minimum width of such lot shall be fifty (50) feet except that corner lots shall have a minimum width of sixty (60) feet where such distance is measured at setback line from such public street. 3. Front yard: The minimum depth of front yard for each dwelling or other main building shall be thirty (30) feet. Accessory buildings housing livestock shall set back one hundred (100) feet from the front lot line. 4. Side yard: For every building constructed or structurally altered, there shall be provided a minimum five (5) foot side yard on each side. The minimum width of side yard adjacent to a local or arterial street shall be thirty (30) feet. The minimum width of side yard adjacent to a dedicated public street shall be thirty (30) feet. 5. Rear yard: The minimum depth of rear yard shall be ten(10) feat for the main building and no accessory structure shall be erectsd within five (5) feet of the rear lot line. E. PARKING REGULATIONS: 1. There shall be provided a minimum unenclased'off-street parking of two (2) parking spaces per dwelling unit with each space having one hundred fifty (150) square feet. 2. All curb cuts for parking shall not be less than twelve (12) feet and not more than twenty (20) feet in width, F. FENCES, WALLS, AND OBSTRUCTIONS TO VIEW: 1. No fence,. wall, hedge or other structure, ether than a main structure, shall exceed a height of forty-two (42) inches or shall be erected, placed or maintained within fifty-five (55) feet of an intersection of two (2) or more street right-of-way lines.. 2. No fence, wall or other obstruction shall be erected above a height of forty-eight (48) inches within the distance caused by the intersection of a side lot line with an extension line of the front wall of a main structure and no fence or wall or other obstruction shall be erected above a height of seventy-two (72) inches in instances not otherwise specified. 3. No type of tree, plant, sign, fence, wall, hedge, or other obstruction to vision shall be placed or retained in such a manner as to obstruct vision at any intersection of streets or cause a traffic hazard. =17- 4. Fence types permitted: a. Masonry walls b. Ornamental iron G. Woven wire d. Wood or other material a. Hedges 5. Fence types prohibited: a. Fences carrying electric current b. Any fence, if in the opinion of the Chief Building, Inspect cry that would constitute a hazard to the health of any person. _ig_ SECTION EIGHT: RESIDENTIAL-TWO DISTRICT A. USE REGULATIONS: 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. One family dwelling 2. Two family dwelling 3. Private garage 4. Household pets 5. Church and/or parish house 6. Public, parochial or private school (but not including private vocational trade, professional, or schools for subnormal or mentally ill adults or children), preschool and day nurseries for not more than six (6) children. 7.' Public library, parks, non-commercial playgrounds or othsr-public r2CTe- ation use. Private golf course, country club or otherpprivate club operated for benefit of members only and not for gain (but not including a private club which provides a service customarily carried on as a business). 8. Home occupations in which chattels, goods, wares, or merchandise are not commercially created, stored or sold. 9. Private stables for not more than four (4) animals per acre, providing the minimum square footage of open space for the keeping of private stables for horses, cows, sheep, or milking goats shall be nine thousand (9,000) square feet for the first animal and six thousand (6,000) square feet for each additional animal per- mitted. The area of the pen or corral shall be a minimum of eight hundred (800) square feet for the first animal and an additional one hundred (100) square feet required for each additional animal permitted. Private poultry houses containing not more then four hundred (400) square feet of ground floor area and private rab- bit hutches containing not more than one hundred (100) square feet of ground floor area. S. SPECIAL USES: 1. The following uses shall be permitted only upon approval of the City of Wheat Ridge Planning Commission: a. Governmental buildings, fire stations, and public utility buildings where no warehousing, storage facilities or repair facilities are maintained. b. Water supply reservoir, well, water towers, filter beds, or irri- gation canal. -19- C. HEIGHT REGULATION: 1. No building shall exceed thirty-five (35) feet in height. D. AREA REGULATIONS: 1. Lot area: For every two-family dwelling erected or structurally altered, there shall be a minimum gross lot area of twelve thousand five hundred (12,500) square.feet. For every one-family dwelling erected or structurally altered, there shall be a minimum gross lot area of nine thousand (9,000) square feet. 2. Width of lot: The minimum width of lot for each two-family dwelling shall be one hundred (100) feet where such distance is measured at setback line from pub- lic street. The minimum width of lot for each single-family dwelling shall be seventy-five (75) feet except corner lots where minimum width shall be eighty (80) feet where such distance is measured at setback line from public street. Where lot is not on a public street, minimum width shall be measured along the boundary line between the lot and the adjacent lot toward which the main entrance of the building most nearly faces. 3. Front yard: The minimum depth of front yard for each dwelling or other main building shall be thirty (30) feet when the front yard is adjacent to a dedi- cated public street. The minimum depth of front yards which front exclusively on the bulb of a cul-de-sac shall be ten (10) feet. Private garages and accessary buildings shall have a minimum front setback of thirty (30) feet. Accessory build- ing housing livestock shall set back one hundred (100) feet from the front lot line. 4. Side yard: There shall be a minimum of fifteen (15) feet aide yard setback between adjacent structures of which a minimum of five (5) feet shall be required by one of the lots or parcels upon which the structures are placed. There shall also be a minimum of fifteen (15) feet side yard setback on every individual lot or parcel upon which a structure is placed. The minimum width of side yard adja- cent to a dedicated public street shall be thirty (30) feet. 5. Rear yard: The minimum depth of rear yard shall be five (5) feet for the main building and no accessory structure shall be erected within five (5) feet of the rear lot line. 5. Lot coverage: Not more than forty (40) percent of the gross lot area shall be covered by the main building and/or all accessary buildings. E. PARKING REGULATIONS: 1. There shall be provided a minimum unanclased off-street parking of two (2) parking spaces per dwelling unit with each space having one hundred fifty (150) square feet. -20- • • 2. All curb cuts for parking shall not be less than twelve (12) feet and not more than twenty (20) feet in width. F. FENCES, WALLS, AND OBSTRUCTIONS TO VIEW: 1. No fence, wall, hedge, or other structure, other than a main structure, shall exceed a height of forty-two (42) inches or shall be erected, placed or main- tained within fifty-five (55) feet of an intersection of two (2) or more street right-of-way lines. 2. No fence, wall or other obstruction shall be erected above a height of forty-eight (48) inches within the distance caused by the intersection of a side lot line with an extension line of the front wall of a main structure and no fence or wall or other obstruction shall be erected above a height of seventy-two (72) inches in instances not otherwise specified. 3. No type of tree, plant, sign, fence, wall, hedge, or other obstruction to vision shall be placed or retained in such a manner as to obstruct vision at any intersection of streets or cause a traffic hazard. 4. Fence types permitted: a. Masonry walls b. Ornamental iron c. Woven wire d. Wood or other material e. Hedges 5. Fence types prohibited: a. Fences carrying electric current b. Any fence, if in the opinion of the Chief Building Inspector, that would constitute a hazard to the health of any person. G. ACCESS TO PUBLIC RIGHT OF WAY: Where lot upon which building is to-be constructed is not on a public right- of-way, access to such lot from a public right-of-way must be provided through a recorded easement or private roadway of record having a minimum width of twenty- five (25) feet. No more than three (3) dwelling units may use the same recorded easement or private roadway of record. -21- SECTION NINE: RESIDENTIAL-TWO A DISTRICT ` A. USE REGULATIONS: 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. One family dwelling 2. Two family dwelling 3. Three family dwelling 4. Four family dwelling 5. Private garage 6. Household pets 7. Church and/or parish house S. Public library, parks, non-commercial playgrounds or other recreation use. PriVete golf courses,- country club or other private club operated for benefit~;of members only_and not for gain (hut not including a private club which provides a service customarily carried' on as a business). private vocational 9. Public, parochial or private school (but not including p trad6-;,professional, or schools for subnormal or mentally ill adults or children), preschool and day nurseries for not more than six (6) children. - 10. Home occupations in which chattels, goods, wares, or merchandise are not commercially created,- stored or sold. - the 11. Private stables for not more than four (4) animals per acre providing minimum square footage of-open space fo'r the keeping of private stables for horses, cows, sheep, or milking goats shall be nine thousand (9,000) square feet for the first animal and six thousand (6_,000) square feet for each additional animal per- mitted. The area of the pen or corral shall be a minimum of eight hundred (800) "square feet for the first animal and an additional one hundred (100),square feet _ required for each additional animal permitted. B. SPECIAL USES: 1. The following uses shall be permitted only upon approval of the City of Wheat Ridge Planning Commission: a. Governmental buildings,. fire stations and public utility buildings_ where no warehousing, storage facilities or repair facilities are maintained. b. Dater supply reservoir, -wells, -water towersfilter beds or irri- gation canal. - -22- C. HEIGHT REGULATION: 1. No building shall exceed thirty-five (35) feet in height. D. AREA REGULATIONS: 1. Area of lot: For every multi-family building or structure erected or struc- turally altered, there shall be provided a minimum grass lot area of twelve thousand five hundred (12,500) square feet and a minimum area of four thousand (4,000) square feet for each family unit constructed thereon. For every two family dwelling erected or structurally altered, there shall be a minimum of nine thousand (9,000) square feet. For every one family dwelling erected or structurally altered, there shall be a minimum lot area of seven thousand five hundred (7,500) square feet. 2. Width of lot: The minimum width of such lot for a multi-family dwelling shall be one hundred (100) feet. The minimum width of lot for two family dwellings shall be seventy five (75) feet except that corner lots shall have a minimum width of eighty (80) feet where such distance is measured at setback line from such pub- lic street. The minimum width of lot for single family dwelling shall be sixty (60) feet except that corner lots shall have a minimum width of eighty (80) feet where such distance is measured at setback line from such public street. 3. Front yard: The minimum depth of front yard for each dwelling or other main building shall be thirty (30) feet when the front yard is adjacent to a dedi- cated public street. The minimum depth of front yards which front exclusively on the bulb of a cul-de-sac shall be ten (10) feet. Private garages and accessory buildings shall have a minimum setback of thirty (30) feet. 4. Side yard: The minimum width of side yard for any building shall be five (5) feet per story. The minimum width of side yard adjacent to a dedicated public street shall be thirty (30) feet. 5. Rear yard: The minimum width of rear yard for any building shall be five (5) feet per story. 6. Lot coverage: Not more than sixty (60) percent of the grass lot area shall be covered by the main structure and/or accessory structures. E. PARKING REGULATIONS: 1. There shall be provided a minimum off-street parking of two (2) parking spaces per dwelling unit with each 'space having one hundred fifty (150) square feet. _ 2. All curb cuts for parking shall not be less than twelve (12) feet and not more than twenty (20) feet in width. 3. Parking for multiple units shall not lie within the front setback unless approved by the Wheat Ridge Planning Commission or unless such units are provided -23- with garages in such case driveways to garages may be used as off street parking. F. FENCES, WALLS, AND OBSTRUCTIONS TO VIEW: 1. No fence, wall, hedge, or other structure, other than a main structure, shall exceed a height of forty-two (42)inches or shall be erected, placed or maintained within fifty-five (55) feet of an intersection of two (2) or more street right-of-way lines. 2. No fence, wall or other obstruction shall be erected above a height of forty-eight (48) inches within a distance caused by the intersection of a side lot line with an extension line of the front wall of a main structure and no fence or wall or other obstruction shall be erected above a height of seventy-two (72) inches in instances not otherwise specified. - 3. No type of tree, plant, sign, fence, wall, hedge or other obstruction to vision shall be placed or retained in such a manner as to obstruct vision at any intersection of streets or cause a traffic hazard. 4. Fence types permitted: a. Masonry walls b. Ornamental iron c. Woven wire d. Wood or other material e. Hedges 5. Fence types prohibited: a. Fences carrying electric current b. Any fence, if in the opinion of the Chief Building Inspector, that would constitute a hazard to the health of any person. -24- A. USE REGULATIONS: SECTION TEN: RESIDENTIAL-THREE DISTRICT 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. One family dwelling 2. Two family dwelling 3. Multi-family dwelling 4. Private garage 5. Household pets 6. Church and/or parish house 7. Public, parochial or private school (but not including private vocational trade, professional, or schools for subnormal or mentally ill adults or children), preschool and day nurseries for not more than six (6) children. 8. Public library, parks, non-commercial playgrounds or other public recre- ation use. Private golf course, country club or other private club operated for benefit of members only and not for gain (but not including a private club which provides a service customarily carried on as a business). 9. Home occupations in which chattels, goods, wares, or merchandise are not commercially created, stored or sold. 10. Private stables for not more than four (4) animals per acre, providing the minimum square footage Of open space for the keeping of private stables for horses, cows, sheep, or milking goats shall be nine thousand (9,000) square feet for the first animal and six thousand (6,000) square feet for each additional animal per- mitted. The area of the pen or corral shall be a minimum of eight hundred (800) square feet for the first animal and an additional one hundred (100) square feet required for each additional animal permitted. Private poultry houses containing not more than four hundred (400) square feet of ground floor area and private rab- bit hutches containing not more than one hundred (100) square feet of ground floor area. B. SPECIAL USES: 1. The following uses shall be permitted only upon approval of the City of Wheat Ridge Planning Commission: a. Governmental buildings, fire stations and public utility buildings where no warehousing, storage facilities or repair facilities are maintained. -25- b. Water supply reservoir, wells, water towers, filter beds, or irri- gation canal. C. HEIGHT REGULATIONS: 1. No building shall exceed thirty-five (35) feet in height. D. AREA REGULATIONS: 1. Area of lot: For every multi-family building or structure erected or structurally altered there shall be provided a minimum gross lot area of twelve thousand five hundred (12,500) square feet and a minimum area of two thousand (2,000) square feet for each family unit constructed thereon. For every two- family dwelling erected or structurally altered, there shall be a minimum gross lot area of nine thousand (9,000) square feet. For every one-family dwelling erected or structurally altered there shall be a minimum lot area of seven thou- sand five hundred (7,500) square feet. 2. Width of let: The minimum width of such lot for a multi-family dwelling shall be one hundred (100) feet. The minimum width of a lot for a two-family dwelling shall be seventy-five (75) feet except that earner lots shall have a minimum width of eighty (80) feet where such distance is measured at setback line from such public street. The minimum width of a lot for single-family dwelling shall be sixty (60) feet except that corner lots shall have a minimum width of eighty (80) feet where such distance is measured at setback line from such pub- lic street. 3. Front yard: The minimum depth of front yard for each dwelling or other main building shall be thirty (30) feet when the front yard is adjacent to a dedi- cated public street. The minimum depth of front yards which front exclusively on the bulb of a cul-de-sac shall be ten (10) feet. Private garages and accessory buildings shall have a minimum setback of thirty (30) feet. Accessory buildings housing livestock shall set back one hundred (100) feet from the front let line. 4. Side yard: The minimum width of side yard for any building shall be five C5) feet per story. The minimum width of aide yard adjacent to a dedicated public street shall be thirty (30) feet. 5. Rear yard: The minimum width of rear yard for any building shall be five (5) feet per story. 6. Lot coverage: No limitation E. PARKING REGULATIONS: 1. There shall be provided a minimum off-street parking of two (2) parking spaces per dwelling unit with each space having one hundred fifty (150) square feet. -26- 2. All curb cuts for parking shall not be less than twelve (12) feet and not more than twenty (20) feet in width. 3. Parking for multiple units shall not lie within the front setback unless approved by the Wheat Ridge Planning.Commissian. F. FENCES, WALLS, AND OBSTRUCTIONS TO VIEW: 1. No fence, wall, hedge, or other structure, other than a main structure shall exceed a height of forty-two (42) inches or shall be erected,-placed or maintained within fifty-five (55) feet of an intersection of two (2) or more street right-of-way lines. 2. No fence, wall, or other obstruction shall be erected above a height of forty-eight (48) inches within the distance caused by the intersection of a side lot line with an extension line of the front wall of a main structure and no fence or wall or other obstruction shall~,be erected above a height of seventy-two (72) inches in instances not otherwise specified. 3.- No type of tree, plant, sign, fence, wall, hedge, or other obstruction to vision shall be placed or retained in such a manner as to obstruct vision at any intersection of streets or cause a traffic hazard. 4. Fence types permitted: a. Masonry walls b. Ornamental iron c. Woven wire d. Wood or other material e. Hedges 5. Fence types prohibited: a. Fences carrying electric current b. Any fence, if in the opinion of the Chief Building Inspector, that would constitute a hazard to the health of any person. -27- SECTION ELEVEN RESIDENTIAL-THREE A DISTRICT A. USE REGULATIONS: 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. One family dwelling 2. Two family dwelling 3. Multi-family dwelling 4. Private garage _ 5. Household pets 6. Church and/or pariah house 7. Public library, parks, non-commercial playground or other public recre- ation use. Private golf course, country club or other private club operated for benefit of members only and not for gain (but not including a private club which provides a service customarily carried on as a business). 8. Public, parochial or private school (but not including private vocational trade, professional, or schools for subnormal or mentally ill adults or'children), preschool and day nurseries for not more than six (6) children. 9. Home occupations in which chattels, goods, wares, or merchandise are not commercially created, stored or sold. 10. Homes for the aged, nursing homes (but not including facilities for men- tally disturbed or defectives or for care and treatment of animals.) 11. Private stable for not more than four (4) animals per acre, providing the minimum square footage of open space for the keeping of private stables for horses, cows, sheep, or milking goats shall be nine thousand (9,000) square feet for the first animal and six thousand (6,000) square feet for each additional animal per- mitted. The area of the;pen or corral shall be a minimum of eight hundred (800) square feet for the first animal and an additional one hundred (100) square feet required for each additional animal permitted. 0. SPECIAL USES: 1. The following uses shall be permitted only upon approval of the City of Wheat Ridge Planning Commission: a. Governmental buildings, fire stations and public utility buildings where no warehousing, storage facilities- or repair facilities are maintained. b. Water supply reservoir, wells, water towers, filter beds, or irri- gation canal. -28- • O. HEIGHT REGULATION: 1. No building shall exceed thirty-five (35) feet in height. D. AREA REGULATIONS: 1. Area of lot: For every multi-family building or structure erected or structurally altered, there shall be provided a minimum gross lot area of twelve thousand five hundred (12,500) square feet and a minimum area of three thousand (3,000) square feet for each family unit constructed thereon. For every two- family dwelling erected or structurally altered, there shall be a minimum of nine thousand (9,000) square feet. For-every one-family dwelling erected or struc- turally altered, there shall be a minimum lot area of seven thousand five hundred (7,500) square feet. 2. Width of lot: The minimum width of such lot for a multi-family dwelling shall be one hundred (100) feet. The minimum width of a lot for two-family dwel- ling shall be seventy-five (75) feet except that corner lots shall have a minimum width of eighty (80) feet where such distance is measured at setback line from such public street. The minimum width of a lot for single-family dwelling shall be sixty (60) feet except that corner lots shall have a minimum width of eighty (80) feet where such distance is measured at setback line from such public street. 3. Front yard: The minimum depth of front yard for each dwelling or other main building shall be thirty (30) feet when the front yard is adjacent to a dedi- cated public street. The minimum depth of front yards which front exclusively on the bulb of a cul-de-sac shall be ten (10) feet. Private garages and accessory buildings shall have a minimum setback of thirty (30) feet. Accessary buildings housing livestock shall set back one hundred (100) feet from the front lot line. 4. Side yard: The minimum width of side yard for any building shall be five (5) feet per story. The minimum width of side yard adjacent to a dedicated public street shall be thirty (30) feet. 5. Rear yard: The minimum width of rear yard for any building shall be five (5) feet per story. 6. Lot coverage: No limitation E. PARKING REGULATIONS: 1. There shall be provided a minimum off-street parking of two (2) parking spaces per dwelling unit with each space having one hundred fifty (150) square feet. 2. All curb cuts for parking shall not be less than twelve (12) feet and not more than twenty (20) feet in width. -29- 3. Parking for multiple units shall not lie within the front setback unless approved by the Wheat Ridge Planning Commission. 4. Nursing homes shall be required to provide one (1) parking space for each five (5) beds and in addition thereto, there shall be provided one (1) parking space for each two (2) employees on the maximum working shift. F. FENCES, WALLS, AND OBSTRUCTIONS TO VIEW: 1. No fence, wall, hedge, or other structure, other than a main structure, shall exceed a height of forty-two (42) inches or shall be erected, placed or maintained within fifty-five (55) feet of an intersection of two (2) or more street right-of-way lines. 2. No fence, wall or other obstruction shall be erected above a height of forty-eight (46) inches within a distance caused by the intersection of a side lot line with an extension line of the front wall of a main structure and no fence or wall or other obstruction shall be erected above a height of seventy-two (72) inches in instances not otherwise specified. 3. No type of tree, plant, sign, fence, wall, hedge or othsr_:obstruction to vision shall be placed or retained in such a manner as to obstruct vision at any intersection of streets or cause a traffic hazard. 4. Fence types permitted: a. Masonry walls b. Ornamental iron c. Woven wire d. Wood or other material e. Hedges 5. Fence types prohibited: a. Fences carrying electric current b. Any fence, if in the opinion of the Chief Building Inspector, that would constitute a hazard to the health of any person. -30- SECTION TWELVE: PLANNED RESIDENTIAL DEVELOPMENT DISTRICT A. PLANNED RESIDENTIAL DEVELOPMENTS: This section is intended to provide the means and establish guidelines where- by predominently undeveloped tracts of land may be developed through an overall approach rather than the normal lot by lot method. It is intended to permit max- imum design freedom to the developer by more fully utilizing the physical charac- teristics of the site. Through the requirements of a development plan, it is the intent that property, under this section, will be developed through a unified de- sign providing continuity between the various elements and ultimately leading to a better environment. The section should not be construed as a device for making increased densities more palatable or as a means of circumventing the City's de- velopment regulations. The section pertains only in instances where there is substantial benefit for the community, but in any event, final regulations shall be established by the City Council when determined to be in the best interests of the public and overall development of the City. B. USE REGULATIONS: Planned development of any nature--private, public or quasi-public--either as a single use or in combination may be permitted on the tracts of land which have not been developed in excess of twenty-five (25) percent of such gross land area as required in the existing zoning district. C. AREA - HEIGHT AND SETBACK REGULATIONS: 1. To qualify for consideration for Planned Development District zoning, the proposed development area shall be under unified control. 2. Height, setback, access, screening of service areas and all other require- ment for a control area regulation shall be considered for the overall site with regard to those limitations established on similar uses in other Wheat Ridge Zon- ing Districts except that two (2) parking spaces shall be required per individual dwelling unit. Variances may be established upon recommendation to the City Council by the Wheat Ridge Planning Commission. D. CONSIDERATION OF PLANS: The Wheat Ridge Planning Commission, prior to making recommendations to the City Council, shall review the site plans to assure provisions of a safe, efficient, convenient and harmonious grouping of structures. The Planning Commission will further consider the site plans of the proposed development, surrounding develop- ment characteristics and the recommendations of the Planning Department. The -31- Wheat Ridge Planning Commission shall make determinations of requirements and limitations, restrictions, or other features felt to be necessary and reasonable. Requirements shall be prescribed to insure that the proposed development will not result in undue traffic congestion or traffic hazard, be adequately land- scaped buffered and screened; and will eliminate undesirable characteristics to nearby developments. 1. Application Procedures: The following procedures shall be required for all Planned Residential Developments: a. Preliminary Development Plan: (1) A map showing street systems, lot lines and lot designs (2) Areas proposed to be conveyed, dedicated or reserved for parks, parkways, playgrounds, school sites, public buildings, and similar public and semi- public uses (3) A plot plan indicating each building site and common open area, showing the proposed location of all buildings, structures, and improvements and indicating the open space around buildings and structures (4) Elevations and perspective drawings of all proposed structures and improvements. The drawings need not be the result of final architectural design but of sufficient detail to permit evaluation (5) A development schedule indicating: (a) The approximate date on which construction of the project can be expected to begin (b) The stages in which the project will be built and the ap- proximate date when the construction of each-stage can be expected to begin (c) The approximate dates when the development of each of the stages in the development will be completed (d) The approximate date of dedication of common open space that will be provided at each stage (6) Agreements, provisions or covenants which govern the use, main- tenance and continued protection of the planned development and any of its common areas (7) A drainage plan indicating the location structures, and the direction of flow, the areas drained dente that existing lines can accommodate increased flow which in the opinion of the City Engineer is necessary t requirements for the Planned Unit Development (8) All existing and proposed utility lines and size of all drainage by such structures, evi- and any other information D determine the drainage and easements -32- (9) The following plans, reports and diagrams: (a) An off-street parking and loading plan (b) A circulation diagram indicating the proposed movement of vehicles, goods and pedestrians within the planned development and to and from existing thoroughfares. Any special engineering features-and traffic regulation devices needed to facilitate and insure the safety of this circulation pattern must be shown. (c) A landscaping and tree planting plan indicating varieties and placement (d) Include enough of the areas surrounding the proposed develop- ment to show the relationship of the planned development to adjacent uses b. Approval of Preliminary Development Plan: (1) The Preliminary Development Plan shall be considered for approval under the following procedures: (a) Within no less than thirty (30) days and no more Ethen sixty (60) days after filing the Preliminary Development Plan, the Planning Commission shall hold a public hearing before forwarding the plan to the City Council with a written report recommending that the plan be either disapproved, approved or ap- proved with modifications. Notice of public hearing shall be given as required by law. (b) The Council shall give notice of a public hearing to be held on the plan. The report must be publicly available at least fifteen (15) days before the public hearing, and the Preliminary Development Plan shall be disapproved, approved or approved with modifications by the City Council. (c) Building permits may not be issued on land within the plan- ned development until the final plans for the development have been reviewed by the Planning Commission and approved by the Council. c. Approval of Final Development Plan: (1) Within six (6) months following the approval of the Preliminary Development Plan, the applicant shall file with the Planning Commission a Final Development Plan for the entire development or for the initial phase if a stage development, containing in final form the information required in the preliminary plan. In its discretion and for good cause, the Planning Commission may extend for six (6) months the period for filing the Final Development Plan. (2) The Planning Commission shall hold a public hearing upon the Final Development Plan and shall give notice of it to the following: -33- (a) Any person who appeared on record at any hearing on the Preliminary Development Plan (b) Any other person who has indicated to the Planning Commis- sion in writing, that he wishes to be notified (c) Any other person as required by the Statutes (3) The Planning Commission shall approve the Final Development Plan if it is in compliance with the accepted Preliminary Development Plan. The Final Development Plan will then be transmitted to City Councilfor decision (4) Final plans, approved under this classification, shall be pro- vided to the City Council by the owner in the form of reproducible linen(s) con- taining graphic and descriptive outlines of all final stipulations placed on this site plan by City Council. Each reproducible linen shall be recorded with the County Clerk and entered as an "Official Development Plan of the--City of Wheat Ridge." (5) Exception: In single-family detached developments where specific information cannot be determined regarding the location of structures, landscaping and curb cuts on individual sites, detailed locations of structures, landscaping and curb cuts will not be required; however the Planned Residential Development must generally show outlines of proposed buildings in sufficient detail to provide a realistic representation to the Planning Commission and City Council of the over- all appearance of the Planned Residential Development and to allow administrative approval of variations requested on building permits for each single-family unit. This exception does not apply to landscaping in common areas which shall still be shown on the Planned Residential Development in full detail. An exception may be granted whereby a development of detached dwellings may not be required to remain under unified ownership after a development period as determined by the City of Wheat Ridge Planning Commission and City Council. If such exception is granted, the developer shall present adequate evidence prior to final approval of the Final Development Plan of the means by which the common open space, thoroughfares, and/ or other uses requiring maintenance shall be kept in a substantial condition of maintenance. d. Fee: (1) The fee to file for a Planned Residential Development shall be two hundred and fifty (250) dollars plus a fee of ten (10) dollars per sheet to cover recording costs at the time of such recording. -34- e. Construction: (1) All construction shall be in accordance with such "Official Development Plan of the City of Wheat Ridge" and shall be completed with a time limitation to be established by the City Council of the City of Wheat Ridge. Such time limitation will be based on the extent of proposed development in re- lation to size, amount of physical construction necessary, cost, and other time factors felt-to be involved with the subject proposal. If, in the opinion of the City Council of the City of Wheat Ridge, substantial construction of physical im- provements have occured at the end of this time limitation and is evidenced by the submission of documents by the applicant, the City Council of the City of Wheat Ridge may extend the initial time period. (2) Failure to complete construction at the termination of the initial time limitation, or such extension of time as may have been granted the applicant shall be cause for action by the City Council of the City of Wheat Ridge to consider reclassification and rezoning of said site to a more restrictive zone classification or classifications. (3) Prior to the final approval of the Final Development Plan, an escrow account shall be initiated in a manner and amount approved by the City of Wheat Ridge Planning Commission and City Council to insure that improvements, land- scaping, and/or other special uses are completed. The City Council may withhold any Certificate(s) of Occupancy not yet issued if evidence is presented that non- compliance with the Official Development Plan is occuring. f. Amendments: (1) Based upon showing of necessity therefor, minor changes in the locations of structures and their accessory uses may be permitted with a con- currence of the Planning Director and Chief Building Inspector if such changes will not cause any of the following circumstances: (a) Change in the character of the development; (b) Increase in ratio of gross floor area in structures to the area covered by such special plan beyond the authorized maximum allowed within this ordinance; (c) Increase in intensity of use; (d) Increase of the problems of circulation, safety and utilities; (e) Increase of the external effects on the adjacent properties; (f) Reduction in the originally approved setbacks from perimeter property lines of the Planned Residential Development of structures located adjacent to said property line; -35- (g) Increase in the ground coverage by structures beyond the authorized maximum allowed within this ordinance. g. All development plans approved shall be binding upon the applicants, their successors and assigns and shall limit the development to all conditions and limitations established in such plans. -36- SECTION THIRTEEN: MOBILE HOME - RECREATIONAL COACH DISTRICT A. USE REGULATIONS: 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 following uses: 1. Single family dwelling for mobile home or recreational coach park owner, operator and/or caretaker 2. Mobile home parks or recreational coach parks provided such parks meet the requirements and standards as prescribed in the district. 3. Accessory uses and building customarily incidental to the above permitted uses as prescribed by the requirements and standards of this district. 4. Mobile homes, excluding units for sale. 8. USES PROHIBITED: No occupied mobile home shall be located anywhere within the City of Wheat Ridge except in a licensed mobile home park. Emergency or temporary parking of any mobile home outside a licensed mobile home park will be permitted for a period not exceeding two (2) weeks. This does not include mobile home sales areas. The owner(s) of such mobile home must notify the Chief Building Inspector within forty- eight (48) hours of such temporary use after entering the City. Recreational coaches which do not include the facilities necessary to be a mobile home as defined herein.shall not be used at any place in Wheat Ridge, at any time, for living quarters except in designated camping areas or overnight trailer parks. C. HEIGHT REGULATION: 1. The maximum height of mobile homes is one and one-half (1.5) stories or twenty (20) feet. 2. Accessory buildings or structures for park management or park resident use only shall not exceed two (2) stories or thirty-five (35) feet in height. D. AREA REGULATIONS: 1. Area of lot: The minimum site requirement for a mobile home park site shall not be less than ten (10) acres. Each mobile home lot shall contain a minimum of three thousand (3,000).square feet except lots for double wide mobile homes where there shall be a minimum lot area of four thousand (4,000) square feet. The minimum size requirement for a recreational coach park shall bs not less than three (3) acres. In no case shall the density of the mobile home park exceed nine (9) units per acre and in no case shall the density on the recreational coach park exceed twenty-five (25) units per-,acre.` -37- 2. Width of lot: The minimum width of lot for each lot shall be forty (40) feet except for lots for double wide mobile homes where there shall be a width of fifty (50) feet. The minimum width of lots on curved drives or cul-de-sacs where lot lines are either converging or diverging from the front to the rear of the lot shall have an average width of not less than thirty (30) feet and in no case shall be less than twenty-five (25) feet. 3. Yard requirements: Mobile homes shall be located so that they are at least twenty-five (25) feet apart side to side, fifteen (15) feet from side to rear, fif- teen (15) feet apart from the interior property line, and the mobile home pad shall be located at least five (5) feet from road curb or walk. Mobile home hitches shall face the interior roads and shall not be closer than eight (8) feet to ve- hicular access. There shall be at all times adequate vision at intersections to preclude obstruction to view. 4. Site coverage: Maximum mobile home lot coverage shall not exceed fifty (50) percent. Coverage shall mean any man-made apparatus, such as parking space, trailer pad, storage areas, patio and sidewalks, etc. E. PRELIMINARY DEVELOPMENT PLAN REVIEW: 1. In order to achieve the general objectives, intent and purpose of this district, Preliminary Development Plan review of mobile home parks and recreational coach parks proposed for construction, alteration or extension by the City Planning Commission is required. In reviewing the site plan for a proposed park, the Plan- ning Commission shall ascertain whether the proposed development plan is consistent with all regulations of this and all other City regulatory devices; further, in consideration of each development I plan$ the Planning Commission shall endeavor to assure that the movement of vehicular and pedestrian traffic within the site and in relation to access streets shall be safe and convenient and that provisions are made so that the proposed mobile home or recreational coach park will not be harm- ful to the existing and future uses in the immediate vicinity or area. 2. Application requirements: In order to obtain development plan review by the Planning Commission, the application shall contain the following information or documents: a. Name, address, phone number and proof of ownership of all fee owners of record of such property, the person or firm preparing such plans, or the at- torney or legal representative of the fee owners of record if such is the case. b. Location and legal description of the proposed park. c. Preliminary plans and dimensions drawn to scale of the tract of land and appropriate acreage. -38- 0 9 d. The number, location and size of the mobile home lots, recreational coach spaces, and open space. e. The location and width of all roadways, walkways, and parking areas and accesses to public thoroughfares. f. The location and service buildings and any other proposed structures. g. The location and size of natural features including topography, wet- land, streams, lakes, drains and wooded areas, and any anticipated changes in these features. h. The size, location and design of recreational facilities. F. FINAL DEVELOPMENT PLAN REVIEW: 1. Following review of the Preliminary Development Plan by the Planning Com- mission, the applicant shall submit to the Planning Commission a Final Development Plan for the proposed park in accordance with applicable Wheat Ridge ordinances, State Laws, and provisions of this district, and any other law, ordinance, statute appertaining to the establishment of mobile home or recreational coach parks and such plans shall be in compliance with officially adopted master, general or com- prehensive plans and any amendments adopted thereto. 2. Documents required: a. Drawings to be of scale of not greater than one inch to fifty (50)feetnor less than one inch to one hundred (100) feet of which ten (10) copies of said docu- ment must be forwarded to the City Planning Department thirty (30) days in advance of the hearing date for such park. There shall also be two (2) reproducible copies of said plan forwarded to the Planning Department and any other plan as required by the Planning Commission to be filed along with the original Development Plan if such plan is approved by the legislative body of the City. (1) Scale, North paint and all boundary lines. (2) Lot lines, including dimensions, angles and sizes correlated with the legal description of said property. (3) Existing site characteristics. (a) Natural features, such as wooded areas, topography (two (2) foot contour interval), streams, lakes, drains, wetlands and other similar features. (b) Existing man-made features, such as buildings, structures, high tension towers, pipelines, existing utilities, excavations, bridges, culverts, drains, and easements. (4) Any changes in existing natural or man-made features. -39- (5) Proposed streets, driveways, sidewalks, exterior lights, and other vehicular and pedestrian circulation features within and adjacent to the development; location and types of use of all recreational areas; location, area, number and dimensions of parking spaces in the off-street parking area; identifi- cation of service lanes and service parking areas; details of roads and drives, curbs and gutters, including cross-sections. (6) Location, use and size of all utility service.facilities includ- ing any common fuel storage tank facilities, water and sewer service system, storm drainage and fire hydrants. (7) Location and details of any and all signs to be constructed and placed in the park. (8) A detailed landscaping plan which shall include the location and type of all plant materials either to remain or to be planted. Such plant mater- isle shall be hardy when planted and maintained thereafter in a neat, orderly man- ner; withered and/or dead plants shall be replaced within a reasonable period of time not to exceed one growing season. (9) Any information specifically required by the Planning Commission. (10) Documentation of the ability of the handling of sewage disposal and the means thereof. 3. Distribution of plans: The Planning Commission shall transmit a copy of the Mobile Home Park Development Plan to the following agencies for review and comment. Transmisbion of comments or recommendations to the Planning Commission in writing shall occur within fifteen (15) days of receipt of said plans. Failure to report shall be deemed approval for the design. a. City Engineering Department b. Jefferson County Health Department C. Jefferson County Rol School District d. Telephone Company e. United States Post Office f. Fire District g. Public Service Gas and Electric h. Building Inspector i. Other public agencies who, as determined by the Planning Commission have an interest in the proposed park. 4. Consideration of Application: The Planning Commission shall review the application and plans of the proposed mobile home or recreational coach park and shall consider the reports of the other departments and agencies together with the -40- `J provisions of the district and any other ordinance and shall report to the City Council a recommendation for approval, approval with modifications or denial. An extension of time shall be granted only when, in the opinion of the Planning Com- mission, additional information is necessary to properly act on the application in compliance with the provisions of this ordinance. The Planning Commission shall make a recommendation on each park application. The City Council shall pass on the report with approval, approval with modifications, or denial. 5. Report to the Applicant: After final consideration and action of the City Council in accordance with the provisions of this district and other applicable ordinances, the Planning Commission shall notify the applicant in writing of the action of City Council. Copies of the action shall be forwarded to the Building Inspector, City Engineer, and the Jefferson County Health Department. G. FEES REQUIRED: 1. A fee for each park construction permit shall be paid to the Building Department at the time of the filing of the application thereof. The said fee shall be in addition to all the building, electrical, plumbing and other fees required for work included in the construction. The fee shall be based upon the area included in the park and shall be computed at the rate of ten (10) dollars for the first twenty thousand (20,000) square feet, and three (3) dollars for each additional five thousand (5,000) square feet thereof included in the park. H. PERFORMANCE STANDARDS AND REQUIREMENTS: 1. Any person desiring to enlarge, or establish a mobile home park or recre- ational coach park, shall meet or exceed the design standards as herein set forth: a. Access: All mobile home parks and recreational coach parks shall have access to a collector street if directly_ahutting thereon. Parks not abutting a collector street shall show several direct routes to a collector street in order that the traffic be dispersed along several routes. b. Vehicle Travel Lanes: All roads and driveways shall be hard surfaced and so constructed as to handle all anticipated peak loads, adequately drained and lighted for safety and ease of movement of vehicles. Minimum pavement widths shall be twenty (20) feet for two-way roads with no on-street parking allowed, twelve (12) feet for one-way roads with no on-street parking allowed, and ten (10) feet for all driveways. The mobile home park and recreational coach park road system should be so designed as to prevent the use of such roads for through traffic. The entire width of the vehicle travel lanes shall be surfaced with approved materials and design on a suitable road base as approved by the City Engineer. Concrete curb and gutters shall be placed along bath sides of all roads. Types of curbs and -41- gutters shall reflect topographic conditions and road design. Walkways may be required on one of both sides or roads providing access to park. Approval of the design for road system, curb and gutter; and walkways will be subject to the City Engineer's approval. c. LWalkways: Public walks shall be provided on the public street side of each mobile home site. All public walks, such as from mobile homes or recreational coaches to service buildings and along road and driveways shall be at least four (4) feet in width. Walks used in common by one (1) to three (3) units, connecting the units to a common area or primary walk, shall be at least thirty (30) inches in width. Walks may be required on only one (1) side of drives leading to service areas. d. Minimum Off-Street Parking Requirements: Adequate hard surfaced paving shall be provided for off-street parking, vehicle storage and access in accord with the following schedule: (1) Each mobile home lot shall be provided with off-street parking space for two (2) vehicles. This may be provided totally on the lot, or in park- ing compounds conveniently located and readily accessible to the lot which they are intended to serve, or as a combination of the above. (2) All other uses: Sufficient space, acceptable to the Planning Com- mission, to fit the scale of the contemplated use and activity to he developed. (3) Each parking space shall have a minimum width of nine (9) feet and a minimum depth of twenty (20) feet. All parking spaces and parking compounds shall be hard surfaced with an asphaltic or concrete surface approved by the City Engineer. Such facilities shall be so drained as to dispose of all surface water accumulated within the confines of the parking area. (4) A separate parking area for recreational vehicles such as trailers, boats, etc., shall be provided at a ratio of one (1) per three (3) mobile home lots. This area shall be available to automobiles under repair which are not allowed on the individual lots. Adequate screening by fence or landscaping shall enclose this area from the living areas of the park. (5) Guest, service and delivery parking shall be provided throughout the park at recreational buildings, service buildings and other convenient locations at a ratio of one (1) space for every four (4) lots. e. Utilities and other services: (1) All sanitary sewage utilities and water facilities, including con- nections provided to individual lots, shall meet the requirements of the applicable -42- water and sanitation district operating within the City limits of Wheat Ridge and the Jefferson County Health Department. (2) The plumbing connections to each mobile home lot or recreational coach space shall be constructed so that all lines are protected from freezing, from accidental bumping or from creating any type of nuisance or health hazard. (3) An adequate amount of culinary water shall be piped to each mo- bile home lot or recreational coach space. The water distribution system shall be acceptable to the water organization servicing such park. (4) Storm drainage facilities shall be so constructed as to protect those that will reside in the mobile home park or recreational coach park as well as the property owners adjacent to the park. Such park facilities shall be of such capacity to insure rapid drainage and prevent the accumulation of stagnant pools of water in or adjacent to the park. (5) All electric, telephone, and other lines from supply poles to each mobile home lot or recreational coach space shall be underground. When meters are installed, they shall be uniformly located. (6) Fuel, oil and gas storage shall be, centrally located in under- ground tanks at a distance away from any mobile home lot or recreational coach space found to be safe by the local fire department. All fuel lines leading to units shall be underground and so designed as to conform with all City and State codes applicable. When separate meters are installed, each shall be located in a uniform manner. (7) Facilities for the storage and disposal of trash and garbage in a sanitary manner shall be provided in each park. (a) When exterior television antenna installation is necessary, a master antenna shall be installed and extend to individual units by underground lines. Such master antennashall be so placed as not to be a nuisance to park residents or surrounding areas. (9) Yard lights, attached to standards approved by the City shall be provided in sufficient number and intensity.to permit the safe movement of vehicles and pedestrians at night, and shall be effectively located to buildings, trees, walks, steps and ramps. (10) The erection, construction, reconstruction, repair, relocation and/ or alteration of all permanent buildings and structures located within a park shall conform to the requirements of the Building Code adopted by the City of Wheat Ridge'. f. Pads, Mats, or Platforms: Each mobile home lot shall be provided with a gravel pad acceptable to the Department of Public Works for each location and -43- shall be treated to prevent the growth of weeds, or a concrete pad, mat or platform not less than four C4) inches in thickness, or of equal bearing strength of rein- forced concrete is used. Minimum pad dimensions for single mobile homes shall be twelve (12) feet by fifty (50) feet; minimum pad dimensions for.double wide mobile homes shall be twenty-four (24) feet by fifty (50) feet. Anchor rings shall be provided every fifteen (15) feet in the parking pad, the design of which shall be approved by the Building Inspector. g. Fire Extinguishing Equipment: Every mobile home park or recreational coach park shall be equipped at all times with fire extinguishing equipment in good working order of such type, size and number and be so located within the park as to satisfy applicable regulations of the appropriate fire district. h. Utility Cabinets: Each mobile home lot shall be provided with one (1) utility cabinet, constructed of metal or other suitable material, which shall be uniform as to size and location throughout the mobile home park site. All cabinets shall be kept clean, shall be maintained in good condition and kept painted, and shall contain a minimum of ninety (90) cubic feet of storage area and be.a minimum of six (6) feet in height. No other such accessory building will be allowed. i. Landscaping: There shall be provided at least two (2) diciduous trees for each mobile home lot. There shall also be provided at the front Or rear of the lots at least one (1) evergreen tree for every three (3) lots. Dead treee.shall he replaced. J. On-Site Laundry Drying Space: On-site outdoor laundry drying space of adequate area and suitable location shall be provided if the park is not furnished with indoor dryers or if use of indoor dryers in not customarily acceptable to pro- spective occupants. When outdoor drying space is required or desired, individual clothes drying facilities on each lot of the collapsible umbrella type of hanging apparatus shall be allowed in the rear yard only, with park management providing a concrete-imbedded pole at each site. k. Drainage and Flood Hazards: A mobile home park or recreational coach park shall be located on a well-drained site, properly graded to provide for'ade- quate disposition of runoff. Such areas shall be.free of flood hazards from external sources. The City Council may require dedication and improvements which will insure proper protection to the park in accordance with this section. 1. Enclosure of Mobile Home Park: The following provisions are applicable in providing buffers between other zone classification properties abutting onto the mobile home park and/or recreational coach parks or abutments to public rights-of- way. -44- (1) A greenbelt planting strip of not less than twenty (20) feet in width shall be placed along the perimeter of the park where it abuts public rights- of-way or an area in any other zone classification. The greenbelt shall be de- veloped with a mixture of hardy deciduous and coniferous plant material, grass or ground cover and maintained thereafter in a neat and orderly manner. Withered and/ or dead plant material shall be replaced within a reasonable period of time but not longer than one (1) growing season. Or: (2) A continual ornamental wall six (6) feet in height above grade, erected inside the property line abutting other zone classification properties and six (6) feet from property abutting public rights-of-way. Walls on right-of- way corners shall be constructed to allow for line of sight on rights-of-way and in accord with the zoning ordinance. Such wall shall be landscaped with suitable materials along both sides of such wall for the total length of wall existing along right-of-way. Walls used on property lines not adjacent to streets ar roads shall be landscaped on the park side and permitted with the approval of the adjacent prop- erty owners. The ornamental wall and landscape materials shall be acceptable to the Planning Commission. The remaining areas shall be landscaped and maintained with a well-kept lawn or other materials acceptable to the Planning Commission and shall be continually maintained in a healthy growing, neat and orderly condition. Or: (3) Any combination of these two methods may be used with approval of the Planning Commission. m. Service Area Enclosures: The City Council may require fencing or screen planting around areas containing garbage, rubbish or waste disposal or around ser- vice or recreational areas as a condition of approval of a mobile home park or rec- reational coach park. n. Recreational Requirements: A minimum of eight (8) percent of the gross site area shall be reserved for recreational development. These facilities and areas shall be designed with trees, grass, benches, equipment, etc., in relation- ship to park users. Provision of separate adult and tot lot recreational areas is encouraged. The recreational areas design shall be subject to the Planning Commis- sion's approval. o. Patios: An outdoor patio area of not less than one hundred twenty (120) square feet shall be provided at each mobile home lot, conveniently located to the entrance of the mobile home and approximately related to open areas on the lot and other facilities for the purpose of providing suitable outdoor living space to sup- plement the interior space of a mobile home. -45- p. Setbacks: All mobile homes, recreational coaches and accessory build- ings shall be setback not less than ten (10) feet from all property lines, except the front or street property line, from which the setback shall be at least twenty (20) feet and the yard space so formed shall be landscaped in accordance with a site plan approved by the Planning Commission. Greater yards-or setbacks may be required where, in the opinion of the Planning Commission and/or City Council, such yards or setbacks are necessary due to the topographic conditions, grading, drain- age, and/or protections of adjacent property. No part of any recreational coach shall be located within any yard of a requir6d'setback area. I. MODIFICATION OF DESIGN: 1. Where mobile home parks or recreational coach parks are submitted for ap- proval which, although not complying with the requirements of design as stated in this subsection, are consistent with the general intent and purpose of this dis- trict, the Planning Commission shall review the park design and make recommendations to the City Council. The City Council may, at its discretion, approve such parks with conditions and restrictions insuring that the general purpose of the district has been satisfied. a. Park design utilizing cell-type groupings of mobile home lots, recre- ational coach spaces or other modified designs may be approved under the provisions of this section. b. Recreational coach lots and stands shall be provided separate from the mobile home areas. Such areas shall have easy access to mobile home park entrances to provide their own separate entrances. Roads serving the coach lots shall be the same as those provided to more permanent sectors of the mobile home park development. c. Modifications of the above standards of design may be approved under the provisions of this section for mobile home parks and recreational coach parks. How- ever, in no case shall such modifications be in conflict with minimum requirements of Jefferson County Health Department rules and regulations pertaining to Mobile Home Courts approved February 9, 1965, or of other applicable City or State Regu- lations. d. A permit shall be required from the Building Inspector for any canopy or awning used as a patio cover and for any screened, gltssed-in or otherwise en- closed awning or canopy. J. LEGAL CONTROLS: 1. Enforcement and Penalties: This ordinance shall be enforced by the City Building Inspector. He shall, in the performance of his duties, inspect the premises during normal business hours and at any time in an emergency situation. -46- 2. Violation of Ordinance: Whenever the Building Inspector determines or has reasonable grounds to believe that a violation of any provision of this ordin- ance has ocCUred, he shall give notice in writing of the alleged violation to the person to whom the license was issued or his agent. Such notice shall: a. Provide a listing of all items which are in violation of the district, and what remedial action must be taken to comply with the district. b. Provide a reasonable amount of time for compliance which shall not be less than twenty (20) days. If the corrections are not made within the time provided, the license shall be revoked. 3. Hearing on Violation: If the person who was issued the license or his agent objects to any provisions as set forth by the Building Inspector, such person may petition for relief to the Board of Adjustment of the City of Wheat Ridge. Such petition shall set forth in writing the reasons for the objections and be filed within ten (10) days with the Secretary of the Board of Adjustment in the Wheat Ridge Planning Department. Upon receipt of the petition, the Board of Adjust- ment shall fix a reasonable time for the hearing, but not within less than fifteen (15) days thereafter. At the hearing, the petitioner or his attorney shall be given an opportunity to show why such notice or revocation should not be modified or withdrawn. 4. Proceeding at Hearing: The minutes of the proceedings at such hearing, including the findings and decisions of the Board of Adjustment, together with a copy of every notice and order related thereto shall be entered as a matter of public record in the office of the City of Wheat Ridge Planning Department. K. PERMIT REQUIREMENTS: It is unlawful for any person to construct, enlarge, alter, improve, or con- vert any park or to improve any lands for use as a park, or to cause the same to be done, unless such person holds a valid and existing permit issued by the Build- ing Inspector for the performance of such work. 1. Procedures for Obtaining a Building Permit for Construction, Alteration or Extension of Mobile Home Park or Recreational Coach Parks. a. Building Permit: Upon the City Council's approval of the Detailed Site Plan, the Planning Commission shall transmit to the Building Inspector two (2) copies of the approved Detailed Site Plan certifying that the said plan conforms to the provisions of the Wheat Ridge Zoning Ordinance and this ordinance as determined and approved by the City Council. -47- 9~ - Z b. Building Inspector Issues Permit. Upon notification of the site plan approved by the Planning Commission and provided the proposal satisfies all other City ordinances and provisions, the Building Inspector may issue a permit. Said permit shall expire and be of no effect five (5) years after the date of issuance. An approved site plan may be amended by the Planning Commission, upon request of the applicant, in accordance with the procedures as provided in this ordinance. L. LICENSE REQUIREMENTS: 1. License to Operate: It shall be unlawful for any person to operate any mobile home park or recreational coach park within the limits of the City of Wheat Ridge unless he holds a valid license issued annually by the City in the name of such person for the specific park. 2. Transfer of License: Every person holding a license shall give notice in writing to the City within five (5) days after having sold, transferred, given away, or otherwise disposed of interest in or control of any mobile home park or recreational coach park. Such notice shall include the name and address of the person succeeding to the ownership or control of such park. Upon application in writing for transfer of the license and deposit of a fee of ten (10) dollars, the license shall be transferred if the park is in compliance with all applicable pro- visions of this ordinance and regulations issued hereunder. 3. Application for License: B. Application for original licenses shall be in writing, signed by the applicant, accompanied by an affidavit of the applicant as to the truth of the application and by the deposit of a fee determined by the City of Wheat Ridge, and shall contain the name and address of the applicant, the location and legal description of the park, and a permit of construction, alteration or enlargement approved by the Building Inspector. b. Application for renewals of licenses shall be made in writing by the holders of the license, shall be accompanied by the deposit of a fee determined by the City of Wheat Ridge, and shall contain any change in the information sub- mitted since the original license was issued on the latest renewal granted. M. INSPECTIONS: 1. Inepection of Mobile Home Parks and Recreational Coach Parks: a. Inspector's Authority: The Building Inspector is hereby authorized and directed to make such inspections as are necessary to determine satisfactory compliance with this district and regulations issued hereunder. b. Power to Enter: The Building Inspector shall have the power to enter -48- 7 at reasonable times upon any private or public property for the purpose of in- specting and investigating conditions relating to the enforcement of this ordin- ance and regulations issued hereunder. c. Inspection of Register: The Building Inspector shall have the power to inspect the register containing a record of all residents of the mobile home park or recreational coach park. d. Inspector's Access: Licensees or their agents shall provide the Build- ing Inspector free access to mobile home lots or recreational coach spaces at rea- sonable times for the purpose of inspection. e. Duty of Occupant for Access: It shall be the duty of every occupant of the park to give the owner thereof or his agent or employees access to any part of such park or its premises at reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with this district and regulations issued hereunder, or with any lawful order issued pursuant to the provisions of this ordinance. f. Emergency Situations: Whenever the Building Inspector finds that any emergency exists which requires immediate action to protect the public health, he may, without notice of hearing, issue an order-reciting the existence of such an emergency and requiring that such action be taken as he may deem necessary to meet the emergency including the suspension of the permit or license. Notwithstanding any other provisions of this ordinance, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but upon petition to the Board of Adjustment shall be afforded a hearing as soon as possible. N. CERTIFICATE OF OCCUPANCY: Upon completion of any such mobile home park or recreational coach park and prior to the use thereof, the owner or operator of said park shall request, in writing, the issuance of a Certificate of Occupancy by the Building Inspector. The Building Inspector shall thereupon make a final inspection of the park refer- red to in said request and if found to be in conformity with the requirements of this and other ordinances-of the City said inspector shall forward a written Cer- tificate of Occupancy. -49- SECTION FOURTEEN: AGRICULTURE-ONE DISTRICT A. USE REGULATIONS: 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. One family dwelling 2. Private garage 3. Household pets 4. Church and/or parish house 5. Public, parochial or private school (but not including private vocational trade-, professional, or schools for subnormal or mentally ill adults or children), preschool and day nurseries for not more than six (6) children. 6. Public library, park, non-commercial playgrounds or other public recreation use. Private golf courses, country club or other private club operated for benefit of members only and not for gain (but not including a private club which provides a service customarily carried on as a business). 7. Home occupations in which chattels, goods, wares, or merchandise are not commercially created, stored or sold. B. Rooming and/or boarding of not more than three (3) persons. 9. General farming and stock including raising of rabbits for any purpose but not including farms for the feeding of garbage to hogs 10. Poultry hatcheries, fish hatcheries and dairy farms 11. Greenhouses and nurseries, including both wholesale and retail of agri- cultural products, provided that the storage of manure shall not be permitted nearer the front os street lot line than one hundred (100) feet, nor nearer to a side or rear lot line than twenty-five (25) feet. 12. Riding academies and public stables 13. Road-side stands for operation during not more than six (6) months in each year for the sale of farm products produced or made on the premises provided such stands are located not less than thirty (30) feet distance from any street, highway, or right-cf-way line. 14. Race tracks, fair grounds, amusement resorts, airports, radio towers and radio stations, if approved by the Board of Adjustment. B. SPECIAL USES: - - 1. The following uses shall be permitted only upon approval of the City of Wheat Ridge Planning Commission: -50- a. Governmental buildings, fire stations and public utility buildings where no warehousing, storage facilities or repair facilities are maintained. b. Water supply reservoir, wells, water towers, filter beds, or irri- gation canal. C. 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. D. AREA REGULATIONS: 1. Area and minimum width of lot: For every dwelling unit or other main build- ing hereafter erected or structrually altered, 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 (150) feet for a building other than a dwel- ling, where width of lot in all cases is measured along a public street or at set- back line from such public street. Where lot is not on a public street, minimum width shall be measured along the boundary line between the lot and the adjacent lot toward which the main entrance of the building most nearly faces. 2. Front yard: The minimum depth of front yard for dwellings and other main buildings shall be thirty (30) feet. Private garages shall have a minimum setback of thirty (30 feet. Accessory buildings housing livestock (including poultry and rabbits) shall be set back at least one hundred (100) feet from the front lot line or a street right-df-way. 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: The minimum width of side yard for all structures shall be fif- teen (15) feet on each side except that the minimum width of side yard adjacent to a dedicated public street shall be thirty (30) feet. 4. Rear yard: The minimum depth of rear yard shall be five (5) feet. E. PARKING REGULATIONS: 1. There shall be provided a minimum off-street parking of two (2) parking spaces per dwelling unit with each space having one hundred fifty (150) square feet. 2. All curb cuts for parking shall not be less than twelve (12) feet and not more than twenty (20) feet in width: F. FENCES, WALLS, AND OBSTRUCTIONS TO VIEW: 1. No fence, wall, hedge, or other structure shall exceed a height of seventy- two (72) inches or shall be erected, placed or maintained within fifty-five (55) feet of an intersection of two (2) or more street right-of-way lines; however, when the parcel or lot abuts a residential district, the requirements for erection shall be compatible with those of the adjacent area and such fences and/or walls shall require the approval of the Chief Building Inspector. -51- 2. No fences, walls or other obstruction shall be erected above a height of forty-eight (48) inches within the distance caused by the intersection of a side lot line with an extension line of the front wall of a main structure and no fence or wall or other obstruction shall be erected above a height;of seventy-two (72) inches in instances not otherwise specified. 3. No type of tree, plant, sign, fence, wall, hedge, or other obstruction to vision shall be placed or retained in such a manner as to obstruct vision at any intersection of streets or cause a traffic hazard. 4. Fence types permitted:, a. Masonry walls b. Ornamental iron c. Woven wire d. Wood or other material e. Hedges f. Barbed wire or sharp pointed fences g. Fences carrying electric current 5. Fence types prohibited: a. Any fence, if in the opinion of the Chief Building Inspector, that would constitute a hazard to the health of any person. G. ACCESS TO PUBLIC RIGHT OF WAY: Where lot upon which building is to be constructed is not on a public right-of- way, access to such lot from a public right-of-way must be provided through a re- corded easement or private roadway of record having a minimum width of twenty-five (25) feet. No more than three (3) dwelling units may use the same recorded ease- ment or private roadway of record. -52- SECTION FIFTEEN: AGRICULTURE-TWO DISTRICT A. USE REGULATIONS: 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. One family dwelling 2. Private garage 3. Church and/or parish house 4. Public, parochial or private school (but not including private vocational trade, professional, or schools for subnormal or mentally ill adults or children), preschool and day nurseries for not more then six (6) children. 5. Public library, park, non-commercial playgrounds or other public recre- ation use. Private golf courses, country club or other private club operated for benefit of members only and not for gain (but not including a private club which provides a service customarily carried on as a business). 6. Home occupations in which chattels, goods, wares or merchandise are not commercially created, stored or sold. 7. Rooming and/or boarding of not more than three (3) persons 8. General farming and stock including raising of rabbits for any purpose 9. Feeding of garbage to hogs except commercially 10. Poultry hatcheries, fish hatcheries and dairy farms 11. Greenhouses and nurseries, including both wholesale and retail of agricul- tural products, provided that the storage of manure shall not be permitted nearer the front or street lot line than one hundred (100) feet, nor nearer to a side or, rear lot line than twenty-five (25) feet. 12. Riding academies and public stables 13. Road-side stands for operation during not more than six (6) months in each year for the sale of farm products produced or made on the premises provided such stands are located not less than thirty (30) feet distance from any street, high- way, or right-of-way lines. 14. Race tracks, fair grounds, amusement resorts, airports, radio towers and radio stations, if approved by the Board of Adjustment. 15. Dog kennels, veterinary hospitals. 16. Cemeteries and creametories if approved by the Board-of Adjustment -53- B. SPECIAL USES: 1. The following uses shall be permitted only upon approval of the City of Wheat Ridge Planning Commission: a. Governmental buildings, fire stations and public utility buildings where no warehousing, storage facilities or repair facilities are maintained. b. Water supply reservoir, wells, water towers, filter beds, or irri- gation canal. C. 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. D. AREA REGULATIONS: 1. Area and minimum width of lot: For every dwelling unit or other main build- ing hereafter erected or structurally altered, 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 and one hundred fifty (150) feet for a building other than a dwelling, where width of lot in all cases is measured along a public street or at setback line from such public street. Where lot is not on a public street,' minimum width shall be measured along the boundary line between the lot and the adjacent lot toward which the main entrance of the building most nearly faces. 2. Front yard: The minimum depth of front yard for dwellings and.other main buildings shall be thirty (30) feet. Private garages shall have a minimum setback of thirty (30) feet. Accessory buildings housing livestock (including poultry, kennels and rabbits) shall be set back at least one hundred (100) feet from the front lot line or a dedicated public street. 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: The minimum width of side yard for all structures shall be fifteen (15) feet on each side except that the minimum width of side yard adjacent to a street right-of-way shall be thirty (30) feet. 4. Rear yard: The minimum depth of rear yard shall be five (5) feet. E. PARKING REGULATIONS: 1. There shall be provided a minimum off-street parking of two (2) parking spaces per dwelling unit with each space having one hundred fifty (150) square feet. 2. All curb cuts for parking shall not be less than twelve (12) feet and not more than twenty (20) feet in width. -54- F. FENCES, WALLS, AND OBSTRUCTIONS TO VIEW: 1. No fence, wall, hedge, or other structure, shall exceed a height of seventy- two (72) inches or shall be erected, placed or maintained within fifty-five (55) feet of an intersection of two (2) or, more street right-of-way lines; however, when the parcel or lot abuts a residential district, the requirements for erection shall be compatible with those of the adjacent area and such fences and/or walls shall re- quire the approval of the Chief Building Inspector. 2. No fences, walls, or other obstruction shall be erected above a height of forty-eight (45) inches within the distance caused by the intersection of a side lot line with an extension of the front wall of a main structure and no fence or wall or other obstruction shall be erected above a height of seventy-two (72) inches in instances not otherwise specified. 3. No type of tree, plant, sign, fence, wall, hedge, or other obstruction to vision shall be placed or retained in such a manner as to obstruct vision at any intersection of streets or cause a traffic hazard. 4. Fence types permitted: a. Masonry walls b. Ornamental iron c. Woven wire d. Wood or other material e. Hedges f. Barbed wire or sharp pointed fences g. Fences carrying electric current 5. Fence types prohibited: a. Any fence, if in the opinion of the Chief Building Inspector, that would constitute a hazard to the health of any person. G. ACCESS TO PUBLIC RIGHT OF WAY: Where lot upon which building is to be constructed is not on a public right-of- way, access to such lot from a public right-of-way must be provided through a re- corded easement or private roadway of record having a minimum width of twenty-five (25) feet. No more than three (3) dwelling units may use the same recorded easement or private roadway of record. -55- 0 SECTION SIXTEEN: RESTRICTED-COMMERCIAL ONE DISTRICT A. USE REGULATIONS: No building or land shall be used and no building shall be hereafter erected, converted, or structurally altered, unless otherwise provided herein, except for the following uses: 1. Business and professional offices, or medical and dental clinics as listed below: a. Real estate broker b. Insurance broker c. Stocks and bonds broker d. Law office e. Architect's office f. Other similar uses 2. Veterinary hospital (small animal) 3. Service establishments employing not more than three (3) persons as listed below: a. Barber shops b. Watch and jewelry repair c. News and/or confectionary stands d. Beauty shops - e. Pharmacies f. Pick-up stations for laundary or dry cleaning g. Other similar uses 4. Post office and banks, loan and finance companies 5. Public, parochial and private schools (including private, vocational trade or professional schools), colleges, universities, preschools and day nurseries (in- cluding those uses commonly accepted as necessary thereto when located on the same premises.) 6. Community buildings, Y.M.C.A.'s, Y.W.C.A.'s, churches, libraries, parks, museums, aquariums and art galleries 7. Golf courses (but not including miniature golf or putting ranges, driving ranges, private clubs or restaurants) and those uses commonly accepted as accessory thereto when located on the same premises. 8. Mortuaries 9. Parking of automobiles of clients, patients, patrons or customers of the occupants of adjacent commercial districts. -56- 10. Restaurants (excluding drive-in restaurants) when contained within pro- fessional building. 11. Living quarters for not more than one family in a building that is not a dwelling. 12. Homes for the aged, nursing homes (but not including facilities for mental- ly distrubed or defectives or for care and treatment of animals). 13. Other similar uses. B. SPECIAL USES: 1. The following uses shall be permitted only upon approval of the City of Wheat Ridge Planning Commission: a. Governmental buildings, fire stations and public utility buildings where no warehousing, storage facilities or repair facilities are maintained. b. Water supply reserver, wells, water towers, filter beds, or irri- gation canal. C. HEIGHT REGULATION: 1. No building shall exceed thirty-five (35) feet in height. D. AREA REGULATIONS: 1. Area of lot: None 2. Width of lot: None 3. Front yard: The minimum front yard of all buildings shall be thirty (30) feet when the front yard is adjacent to a dedicated public street. The minimum width of front yards which front exclusively on the bulb of a cul-de-sac shall be twenty (20) feet. 4. There shall be a minimum side yard of five (5) feet for each story except for structures when they are constructed of masonry or non-flammable material that shall not be required to provide sideyard setback. All structures adjacent to a dedicated public street shall have a minimum width of side yard of thirty (30) feet in all instances. 5. Rear yard: The minimum depth of rear yard shall be ten (10) feet for e one (1) story building and an additional five (5) feet per each additional story thereafter. The minimum depth shall be fifteen (15) feet from the center line of any alley. 6. Lot coverage: Not more than ninety (90) percent of the gross lot area shall be covered by structures, accessory structures, or surfacing. That area not covered shall be landscaped. E. PARKING REGULATIONS: No building or land shall be used and no building shall be hereafter erected, converted or structurally altered without meeting the following off-street parking provisions: 957_ 1. The duty to provide and maintain the off-street parking spacerequired shall be joint responsibility of the operator and the owner of the use of the. - land on which the structures are located. 2. All parking spaces, required for any use and provided in compliance with the provisions _of-this regulation, shall be considered to be required spaces for the use or uses necessary-and shall not be infringed upon.in any manner. 3_ All parking spaces shall be located on the premises in which such require- ments apply or within two hundred-fifty -(250)..feet af` such uses_(s)_ 4. Application for-approval: All applications for approval of a parking plan filed with the Planning Commission by the owner of the land arsa_designated_-in the plan shall contain such information and representations requir'''ed_in-this ordinance----- as may be.deemed necessary.4y-,the planning Commission, arnd.sugh application shall also include the plans showing the following detail: a._ The location of the uses or structures for which off-street parking space is te:he located. b. The size of the structure of which off-street parking spaces are re- quired. c. The location at which the off-street parking space isto be located. d. All applications, hereunder, shall be reviewed by the Zoning Adminis- trator and shall either be approved or disapproved. 5. Approval of plans: Upon approval of `any parking plan, hereunder, a-copy - of such plan shall be registeiad-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. 6. Off-strset-parking space shall be required in the following manner:- _ a. There shell be provided one (1) square foot-of gross parking area for each one (1) square foot of gross floor areafor the use_as.listed in Section 16-A-1. b. There shall be provided three O square feet of gross off-streetpark- ing area for each one (1) square foot of gross floor area for these uses listed in Section 16-A-2 through 16-A-13. c. There shall be two (2) off-street spaces provided-for-=each dwelling unit as permitted in-Section 16-A-11. d. Where shall be one (1) off-street parking space for each three (3) seats or similar accommodations in any restaurant, theater, church, or similar use whsre-- there is a gathering of`twelve__(.12) -or. more persons. e. A parking space shall` consist- of three hundred (300) square feet inclu- sive of that area to;be utilized-for_agcess and egress-. -58- 7. Access: Vehicular access to the property shall be controlled in such a manner as to protect the traffic carrying capacity of the street upon which the property abuts as well as to protect the value of the adjacent property. Vehicular entrances or exits shall be spaced at not less than one hundred (100) foot intervals and where possible at greater intervals. No entrance-or exit shall be located nearer than fifty (50) feet to any intersecting street right-of-way line or nearer than twenty-five (25) feet to any adjacent property line except where it is possible to provide one access point which will serve both adjacent properties or where ad- herence to these requirements would leave a parcel of property without vehicular access, in which case either or both of the setback requirements, or the spacing requirement may be reduced so as to permit a single vehicular access point. Ve- hicular access points shall be not more than thirty (30) feet in width when serving an individual property or more than forty-five (45) feet in width when serving more than one property and shall not in any instance be less than twelve (12) feet, and when providing access to an arterial street, be required to provide acceleration and deceleration lanes. In addition, the lanes may be required to be directional in nature so as to encourage right-turn only movements. 8. Nursing homes shall be required to provide one (1) parking space for each five (5) beds and in addition thereto!i there shall be provided one(1) parking space for each two (2) employees on the maximum working shift. F. FENCES, WALLS, AND OBSTRUCTIONS TO VIEW: 1. No fence, wall, hedge, or other structure, other than a main structure, shall exceed a height of forty-two (42) inches or shall be erected, placed or maintained within fifty-five (55) feet of an intersection of two (2) or more street right-of-way lines. 2. No fence, wall or other obstruction shall be erected above a height of forty-eight (48) inches within the distance caused by the intersection of a side lot line with an extension line of the front wall of a main structure and no fence or wall or other obstruction shall be erected above a height of seventy-two (72) inches in instances not otherwise specified. 3. No type of tree, plant, sign, fence, wall, hedge, or other obstruction to vision shall be placed or retained in such a manner as to obstruct vision at any intersection of streets or cause a traffic hazard. 4. Fence types permitted: a. Masonry walls b. Ornamental iron c. Woven wire -59- Tv i d. Wood or other material e. Hedges 5. Fence types prohibited: a. Any fence, if in the opinion of the Chief Building Inspector, that would constitute a hazard to the health of any person. b. Fences carrying electric current. -60- SECTION SEVENfftM: ~ TRICTED-CDNIMERCIAL DISTRICT A. USE REGULATIONS: No building or land shall be used and no building shall be hereafter erected, converted or structurally-altered, unless otherwise provided herein, except for the following uses:- 1. Business and professional office, or medical and dental clinics as listed d. Law office e. Architect's office f.' Other similar uses 2. Veterinary hospitals (small animal) 3. Service-establishments employing not more than three (3) people as listed below: - a. Barbershops b. Watch -and jewelry, repair c. News and/or confectionary stands d. Beauty shops e. Pharmacies f. Pick-up stations for-laundry or dry cleaning g. Other similar uses 4. Post offices and banks, loan and finance companies 5. Public, parochial and private schools-(including-private, vocational trade or professional schools), colleges,,utriversitieJ preschools and day nurseries (including those uses commonly accepted es necessary thersto,when located on the same. premises) 6. Community buildings, Y-.M.C.A.'s, Y.W.C.A.'s, churches, libraries, parks, museums; aquariums and art galleries 7. Golf courses (but not including miniature golf or putting ranges, driving ranges, private clubs or -restaurants)_and those uses commonly accepted as accessory . thereto when located on the same premises. 8. Mortuaries - 9. Parking of automobiles of clients- patients, patrons, or customers of the occupants of adjacent commercial._districts. -fit- i 10. Restaurants (excluding drive-in restaurants) when contained within profes- sional building 11. Living quarters for not more than one family in a building that is not a dwelling 12. Other similar uses 13. Stores for retail trade as listed below: a. Business offices and agencies serving surrounding neighborhood only b. Locksmith shops c. Florist or garden store d. Opticians, optical stores e. Electronic equipment sales and service f. Laundry (all types) g. Hobby shops h. Newspaper offices and blue printing establishments i. Rental agencies (excluding those for automobiles, campers, trailers, heavy equipment, etc.) j. Other similar uses 14. Ambulance service 15. Homes for the aged, nursing homes (but not including facilities for mentally disturbed or defectives or for care and treatment of animals). B. SPECIAL USES: 1. The following uses shall be permitted only upon approval of the Planning Commission: a. Governmental buildings, fire stations and public utility buildings where no warehousing, storage facilities or repair facilities are maintained. b. Water supply reservoir, wells, water towers, filter beds, or irri- gation canal. C. HEIGHT REGULATION: 1. No building shall exceed fifty (50) feet in height D. AREA REGULATION: 1. Area of lot: No limitation 2. Width of lot: No limitation 3. Front yard: The minimum front yard of all buildings shall be fifty (50) feet when the front yard is adjacent to a dedicated public street. The minimum width of front yards which front exclusively on the bulb of a cul-de-sac shall be thirty (30) feet. -62- 4. Side yard: There shall be a minimum side yard of five (5) feet for each story except for structures when they are constructed of masonry or non-flammable material that shall not be required to provide sideyard setback. All structures adjacent to a dedicated public street shall have a minimum width of side yard of thirty (30) feet in all instances 5. Rear yard: The minimum depth of_rear yard shall be ten (10) feet for a one (1) story building and an additional five (5) feet per each additional story thereafter. The minimum depth shall be fifteen (15) feet from the center line of any alley. 6. Lot coverage: Not more than ninety (90) percent of the gross lot area shall be covered by structures, accessory structures, or surfacing. That area not covered shall be landscaped. E. PARKING REGULATIONS: No building or land shall be Used add no building shall be hereafter erected, converted or structrually altered without meeting the following off-street parking provisions: 1. The duty to provide and maintain the off-street parking space required shall be the joint responsibility of the operator and the owner of the use of the land on which the structures are located. 2. All parking spaces, required for any use and provided in compliance with the provisions of this regulation, shall be considered to be required spaces for the use or uses necessary and shall not be infringed upon in any manner 3. All parking spaces shall be located on the premises to which such require- ments apply or within two hundred fifty (250) feet of such use(s). 4. Application for approval: All applications for approval of a parking plan filed with the Planning Commission by the owner of the land area designated in the plan shall contain 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: a. The location of the uses or structures for which off-street parking space is to be located b. The size of the structure of which off-street parking spaces are re- quired. c. The location at which the off-street parking space is to be located. d. All applications, hereunder, shall be reviewed by the Zoning Adminis- trator and shall either be approved or disapproved. 5. 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, -63- or in the case of new construction, a copy of the parking plan shall be registered with the Building Permit. 6. Off-street parking space shall be required in the following manner: a. There shall be provided one (1) square foot of gross parking area for each one (1) square foot of gross floor area for a use as listed in Section 17-A-1. b. There shall be provided three (3) square feet of gross off-street park- ing areas for each one (1) square foot of gross floor area for these uses listed in Section 17-A-2 through 17-A-14. c. There shall be two (2) off-street spaces provided for each dwelling unit as permitted in Section 17-A-11. d. There shall be one (1) off-street space provided for each three (3) seats or similar accommodations in any restaurant, theater, church or similar use where there_,is a gathering of twelve (12) or more persons. e. A parking space shall consist of three hundred (300) square feet in- clusive of that area to be utilized for access and egress. 7. Access: Vehicular access to the property shall be controlled in such a manner as to protect the traffic carrying capacity of the street upon which the property abuts as well as to protect the value of the adjacent property. Vehicular entrances or exits shall be spaced at not less than one hundred (100) foot intervals and where possible at greater intervals. No entrance or exit shall be located nearer than fifty (50) feet to any intersecting street right-of-way line or nearer than twenty-five (25) feet to any adjacent property line, except where it is possible to provide one access point which will serve both adjacent properties or where adher- ence to these requirements would leave a parcel of property without vehicular access, in which case either or both of the setback requirements, or the spacing requirement may be reduced so as to permit a single vehicular access point. Vehicular access paints shall be not more than thirty (30) in width when serving an individual pro- perty or more than forty-five (45) feet in width when serving more than one property and shall not in any instance be less than twelve (12) feet, and when providing access to an arterial street, be required to provide acceleration and deceleration lanes. In addition, the lanes may be required to be directional in nature so as to encourage right-turn only movements. 8. Nursing homes shall be required to provide one (1) parking space for each five (5) beds and in addition thereto, there shall be provided one (1) parking space for each two (2) employees on the maximum working shift. -64- F. FENCES, WALLS, AND OBSTRUCTIONS TO VIEW: 1. No fence, wall, hedge, or other structure, other than a main structure, shall exceed a height of forty-two (42) inches or shall be erected, placed or maintained within fifty-five (55) feet of an intersection of two (2) or more street right-of-way lines. 2. No fence, wall or other obstruction shall be erected above a height of forty-eight (48) inches within the distance caused by the intersection of a side lot line with an extension line,of the front wall of a main structure and no fence or wall or other obstruction shall be erected above a height of seventy-two (72) inches in instances not otherwise specified. 3. No type of tree, plant, sign, fence, wall, hedge, or other obstruction to vision shall be placed or retained in such a manner as to obstruct vision at any intersection of streets or cause a traffic hazard. 4. Fence types permitted: a. Masonry walls b. Ornamental iron c. Woven wire d. Wood or other material e. Hedges 5. Fence types prohibited: a. Fences carrying electric current b. Any fence, if in the opinion of the Chief Building Inspector, that would constitute a hazard to the health of any person. -65- SECTION EIGHTEEN: COMMERCIAL-ONE DISTRICT A. USE REGULATIONS: No building or.land shal..1 be used and no building shall be hereaft-ar erected, converted or aliurturally altered, unless otherwise provided herein except for the following -usnm: 1. Business and professional office or medical and dental clinics as listed-`..:., below; a. Real estate broker b. Insurance broker c °Stocks and bands broker _ d. Law office e. Architect's office f. Other similar uses 2. Veterinary hospitals (small animal) 3. Service establishments employing not more than three=(3) people as listed below: - a. Barber shops b. Watch and jewelry repair c. News and/or confectionary stands d. Beauty,shops e. Pharmacies f. Pick-up stations far laundry or dry cleaning g.- Other similar uses 4. Post offices and banks, Than and finance companies - 5. Public, parochial and private schools (including private, vocational trade- or professional schools), colleges, universities, preschools and day nurseries (including those uses commonly-accepted as necessary thereto when located on the same premises) 6. Community buildings, Y.M.C.A.'s, Y.W.C.A.'s, churches, libraries, parks, museums, agt[ariums and art::,galleries _ 7. Golf courses and those uses commonly accepted as accessory thereto when located on the same premises' 8. Mortuaries - 9. Parking of automobile's'_gf.di6nt _patients-, patrons, or customers of the occupants of adjacent--commercial.districts. . -66- - 10. Restaurants---when contained witHin__fTofeseienal'buildings 11. Other similar uses 12. Stares for retail trade as listed below: a. Business offices and agencies serving surrounding neighborhood only b. Locksmith shops c. 3.2 fermented malt beverages package outlets d. Opticians, optical stares - e. Electronic equipment sales and service f. Laundry (all types) g. Hobby=shops - h. Newspaper office and blueprinting establishments i. Rental agencies (excluding heavy equipment etc.) j. Other similar uses 13. Stores for retail trade as listed below:, a. Restaurants, drive-in restaurants, ice cream sales and similar related uses - - - b. Automobile, truck, house trailer, mobile home, boat and travel-trailer sales-and service excluding heavy equipment c. Lumber yards provided that unenclosed storage of any material shall be screened from view from adjacent streets-and adjoining property d. Resort hotel or motel for transient occupancy providing there shall be--- no more than twenty-five (25) percent of the dwelling units with cooking facilities. There shall,be one thousand (1,000) square feet of gross lot area for each unit. e. Antique shops f. Apparel shops g. -Appliance sales, outlets and service including incidental repairing on premises - h. Bakery shops employing not more than twelve (12) persons on the premiaas - i. Department stores J. Electrical equipment and supplies sales and service k. Florist shops 1. Retail food stores - m. Retail furniture stores n. Hardware stores - `o. Health clinics p. Retail paint stores q. Plumbing and heating sales and service -67- r. Shoe repair shops a. Retail shoe stores t. Theaters (excluding drive-in) U. Variety stores v. Creamery and milk distribution station w. Dying and cleaning ships x. Automotive parts sales V. Other similar uses 14. 3.2 fermented malt beverage package outlets, package liquor stores, lounges, night clubs, private clubs and bars. 15. Homes for the aged, nursing homes (but not including facilities for mentally distrubed or defectives or for care and treatment of animals). B. SPECIAL USES: 1. The following uses shall be permitted only upon approval of the Planning Commission: a. Governmental buildings, fire stations and public utility buildings where no warehousing, storage facilities or repair facilities are maintained. b. Water supply reservoir, wells, water towers, filter beds, or irri- gation canal. C. HEIGHT REGULATIONS: 1. No building shall exceed fifty (50) feet in height D. AREA REGULATIONS: 1. Area of lot: No limitation 2. Width of lot: No limitation 3. Front yard: The minimum front yard of all buildings shall be fifty (50) feet when the front yard is adjacent to a dedicated public street. The minimum width of front yards which front exclusively on the bulb of a cul-de-sac shall be thirty (30) feet. 4. There shall be a minimum side yard of five (5) feet for each story except for structures when they are constructed of masonry or non-flammable material that shall not be required to provide sideyard setback. All structures adjacent to a dedicated public street shall have a minimum width of side yard of fifty (50) feet in all instances. 5. Rear yard: The minimum depth of rear yard shall be ten (10) feet for -a one (1) story building and an additional five (5) feet per each additional story thereafter. The minimum dpeth shall be fifteen (15) feet from the center line of any alley. -6B- 6. Lot coverage: Not more than ninety (90) percent of the gross lot area shall be covered by structures, accessory structures, or surfacing. That area not covered shall be landscaped. E. PARKING -REGULATIONS: No building or land shall be used and no building shall be hereafter erected, converted or structurally altered without meeting the following off-street parking provisions: 1. The duty to provide and maintain the off-street parking space required shall be the joint responsibility of the operator and the owner of the use of the land on which the structures are located. 2. All parking spaces, required for any use and provided in compliance with the provisions of this regulation, shall be considered to be required spaces for the use or uses necessary and shall not be infringed upon in any manner. 3. All parking spaces shall be located on the premises to which such require- ments apply or within two hundred fifty (250) feet of such use(s). 4. Application for approval: All applications for approval of a parking plan filed with the Planning Commission by the owner of the land area designated in the plan shall contain 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: a. The location of the uses or structures for which off-street parking space is to be located b. The size of the structure of which off-street parking spaces are re- quired. c. The location at which the off-street parking space is to be located. d. All applications, hereunder, shall be reviewed by the Zoning Adminis- trator and shall either be approved or disapproved. 5. 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. 6. Off-street parking space shall be required in the following manner: a. There shall be provided one (1) square foot of gross parking area for each one (1) square foot of gross floor area for a use as listed in Section 18-A-1. b. There shall be provided three (3) square feet of gross off-street park- ing area for each one (1) square foot of gross floor area for these uses listed in Section 18-A-2 through 18-A-14. -69- c. There shall be one (1) off-street space provided for each three (3) seats or similar accommodations in any restaurant, theater, church or similar use where there is a gathering of twelve (12) or more persons. d. A parking space shall consist of three hundred (300) square feet in- clusive of that area to be utilized for ingress and egress. 7. Access: Vehicular access to the property shall be controlled in such a manner as to protect the traffic carrying capacity of the street upon which the property abuts as well as to protect the value of the adjacent property. Vehicular entrances or exits shall be spaced at not less than one hundred (100) foot intervals and where possible at!greater intervals. No entrance or exit shall be located nearer than fifty (50) feet to any intersecting street right-of-way line or nearer than twenty-five (25) feet to any adjacent property line except where it is possible to provide one access point which will serve both adjacent properties or where ad- herence to these requirements would leave a parcel of property without vehicular access, in which case either or both of the setback requirements, or the spacing requirement may be reduced so as to permit a single vehicular access point. Ve- hicular access points shall be not more than thirty (30)feet in width when serving an individual property or more than forty-five (45) feet in width when serving more than one property and shall not in any instance be less than twelve (12) feet, and when providing access to an arterial street, be required to provide acceleration and deceleration lands. In addition, the lanes may be required to be directional in nature so as to encourage right-turn only movements. 8. Nursing homes shall be required to provide one (1) parking space for each five (5) beds and in addition thereto, there shall be provided one (1) parking space for each two (2) employees on the maximum working shift. F. FENCES, WALLS AND OBSTRUCTIONS TO VIEW: 1. No fence, wall, hedge, or other structure, other than a main structure, shall exceed a height of forty-two (42) inches or shall be erected, placed or main- tained within fifty-five (55) feet of an intersection of two (2) or more street right-of-way lines. 2. No fences, walls or other obstruction shall be erected above a height of forty-eight (48) inches within the distance caused by the intersection of a side lot line with an extension line of the front wall of a main structure and no fence or wall or other obstruction shall be erected above a height:of-seventy-two (72) inches in instances not otherwise specified. 3. No type of tree, plant, sign, fence, wall, hedge, or other obstruction to vision shall be placed or retained in such a manner as to obstruct vision at any intersection of streets or cause a traffic hazard. -70- 4. Fence types permitted: a. Masonry walls b. Ornamental iron c. Woven wire d. Wood or other material e. Hedges 5. Fence types prohibited: a. Fences carrying electric current b. Any fence, if in the opinion of the Chief Building Inspector, that would constitute a hazard to the health of any person. -71- SECTION NINETEEN: COMMERCIAL-TWO DISTRICT - A. USE REGULATIONS: No building or land shall be used and no building shall be hereafter erected, converted or structurally altered, unless otherwise provided herein, except for the following uses: 1. Business and professional office, or medical and dental clinics as listed below: a. Real estate broker b. Insurance broker c. Stocks and bonds broker d. Law office e. Architect's office f. Other similar uses 2. Veterinary hospital (small animal) 3. Service establishments as.-listed below: a. Barber shops b. Watch and jewelry repair c. News and/or confectionary stands d. Beauty shops B. Pharmacies f. Pick-up stations for laundry or dry cleaning g. Other similar uses 4. Post offices and banks, loan and finance companies 5. Public, parochial and private schools (including private, vocational trade or professional schools), colleges, universities, preschools and day nurseries (including those uses commonly accepted as necessary thereto when located on the same premises.) 6. Community buildings, Y.M.C.A.'s, Y.W.C.A.'s, churches, libraries, parks, museums, aquariums and art galleries 7. Golf courses and those uses commonly accepted as accessory thereto when located on the~same premises. 8. Mortuaries 9. Parking of automobiles of clients, patients, patrons, or customers of the occupants of adjacent commercial districts. -72- 5~7 10. Restaurants when contained within professional building 11. Other similar uses 12. Stores for retail trade as listed below: a. Business offices and agencies serving surrounding neighborhood only b. Locksmith shops c. 3.2 fermented malt beverages package outlets d. Opticians, optical stores e. Electronic equipment sales and service f. Laundry (all types) g. Hobby shops h. Newspaper office and blue printing establishments i. Rental agencies (excluding heavy equipment) j. Other similar uses 13. Stores for retail trade as listed below: a. Restaurants, drive-in restaurants, ice cream sales and similar related uses b. Service stations, car wash, motor fuel filling station, garages for repair of motor vehicles entirely within enclosed buildings c. Automobile, truck, house trailer, mobile home, boat, and travel trailer sales and service excluding heavy equipment d. Lumber yards provided that unenclosed storage of any material shall be screened from view from adjacent streets and adjoining property e. Resort hotel or motel for transient occupancy providing there shall be no more than twenty-five (25) percent of the dwelling units with cooking facilities. There shall be one thousand (1,000) square feet of gross lot area for each unit. f. Antique shops g. Apparel shops h. Appliance sales, outlets and Service including incidental repairing on premises i. Bakery shops employing not more than twelve (12) persons on the premises j. Department stores k. Electrical equipment and supplies sales and service 1. Florist shops m. Retail food stores n. Retail furniture stores o. Hardware stores p. Health clinics -73- q. Retail paint Stores r. Plumbing and heating sales and service s. Shoe repair shops t. Retail shoe stores u. Theaters V. Variety stores w. Creamery and milk distribution station x. Dying and cleaning shops V. Automotive parts sales z. Other similar uses 14. Stores, outlets, warehouses, etc. as listed below: a. Amusement parks b. Wholesale businesses c. Animal hospitals d. Drive-in theaters s. Construction equipment and heavy equipment sales, service, rental and storage f. Cold storage plant g. Bottling plant h. Farm equipment sales, service and storage i. Ice plant and delivery station j. Trucking terminals k. Warehouses for inside storage 1. Unencloaed storage provided that storage of any material shall be of such materials as coal, wood, building materials, oil and petroleum products (in quantities of less than tank car lots) and similar materials or commodities m. Auction houses including small animal n. Manufacturing and/or light industrial operation where operation of any one machine does not exceed five (5) horsepower excluding any industrial oper- ation listed in any other section of this ordinance. o. Shop for custom work or for making articles, materials, or commodities to be sold at retail on the premises p. Other similar uses 15. 3.2 fermented malt beverage package outlets, package liquor stores, lounges, night clubs, private clubs and bars. 16. Homes for the aged, nursing homes (but not including facilities for mentally disturbed or defectives or for care and treatment of animals). -74- B. SPECIAL USES: 1. The following uses shall be permitted only upon approval of the Planning Commission: a. Governmental buildings, fire stations and public utility buildings where no warehousing facilities are maintained b. Water supply reservoir, wells, water towers, filter beds, or irri- gation canal C. HEIGHT REGULATION: 1. No building shall exceed fifty (50) feet in height. D. AREA REGULATIONS: 1. Area of lot: No limitation 2. Width of lot: No limitation 3. Front yard: The minimum front yard of all buildings shall be fifty (50) feet when the front yard is adjacent to a dedicated public street. The minimum width of front yards which front exclusively on the bulb of a cul-de-sac shall be thirty (30) feet. 4. Side yard: There shall be a minimum side yard-=ofrfsve'_(5) feet for each story except for structures when they are constructed of masonry or non-flammable material that shall not be required to provide sideyard setback. All structures adjacent to a dedicated public street shall have a minimum width of aide yard of fifty (50) feet in all instances. 5. Rear yard: The minimum depth of rear yard shall be ten (10) feet for a one (1) story building and an additional five (5) feet per each additional story thereafter. The minimum depth shall be fifteen (15) feet from the center line of any alley. 6. Lot coverage: Not more than ninety (90) percent of the gross lot area shall be covered by structures, accessory structures, or surfacing. That area not covered shall be landscaped. E. PARKING REGULATIONS: No building or land shall be used and no building shall be hereafter erected, converted or structurally altered without meeting the following off-street parking provisions: 1. The duty to provide and maintain the off-street parking space required shall be the joint responsibility of the operator and the owner of the use of the land on which the structures are located. 2. All parking spaces, required for any use and provided in compliance with the provisions of this regulation, shall be considered to be required space for the uses necessary and shall not be infringed upon in any manner. -75- 3. All parking spaces shall be located on the premises to which such require- ments apply or within two hundred fifty (250) feet of such use(s). 4. Application for approval: All applications for approval of a parking plan filed with the Planning Commission by the owner of the land area designated in the plan shall contain 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: a. The location of the uses or structures for which off-street parking space is to be located. b. The size of the structure of which off-street parking spaces are re- quired. c. The location at which the off-street parking space is to be located. d. All applications, hereunder, shall be reviewed by the Zoning Adminis- trator and shall be either approved or disapproved. 5. 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. 6. Off-street parking space shall be required in the following manner: a. There shall be provided one (1) square foot of gross parking area for each one (1) square foot of gross floor area for a use as listed in Section"19-A-1. b. There shall be provided three (3) square feet of gross off-street park- ing area for each one (1) square foot of gross floor area for those uses listed in Section 19-A-2 through 19-A-15. c. There shall be one (1) off-street space provided for each three (3) seats or similar accommodations in any restaurant, theater, church or similar use where there is a gathering of twelve (12) or more persons. d. A parking space shall consist of three hundred (300) square feet in- clusive of that area to be utilized for access and egress. 7. Access: Vehicular access to the property shall be controlled in such a manner as to protect the traffic carrying capacity of the street upon which the property abuts as well as to protect the value of the adjacent property. Vehicular entrances or exits shall be spaced at not less than one hundred (100) foot intervals and where possible at greater intervals. No entrance or exit shall be located nearer than fifty (50) feet to any intersecting street right-of-way line or nearer than twenty-five (25) feet to any adjacent property line, except where it is possible to -76- provide one access point which will serve both adjacent properties or where ad- herence to these requirements would leave a parcel of property without vehicular access, in which case either or both of the setback requirements, or the spacing requirement may be reduced so as to permit a single vehicular.access point. Ve- hicular access points shall be not more than thirty (30) feet in width when serv- ing an individual property or more than forty-five (45) feet in width when serving more than one property and shall not in any instance be less than twelve (12) feet, and when providing access to an arterial street, be required to provide acceler- ation and deceleration lanes. In addition, the lanes may be required to be direc- tional in nature so as to encourage right-turn only movements. 8. Nursing homes shall be required to provide one (1) parking space for each five (5) beds and in addition thereto, there shall be provided one (1) parking space for each two (2) employees on the maximum working shift. F. FENCES, WALLS AND OBSTRUCTIONS TO VIEW: 1. No fence, wall, hedge, or other structure, other than a main structure, shall exceed a height of forty-two (42) inches or shall be erected, placed or main- tained within fifty-five (55) feet of an intersection of two (2) or more street right-of-way lines. 2. No fences, walls or other obstructions shall be erected above a height ❑f forty-eight (48) inches within the distance caused by the intersection of a aide lot line with an extension line of the front wall of a main structure and no fence or wall or other obstruction shall be erected above a height of seventy-two (72) inches in instances not otherwise specified. 3. No type of tree, plant, sign, fence, wall, hedge, or other obstruction to vision shall be placed or retained in such a manner as to obstruct vision at any intersection of streets or cause a traffic hazard. 4. Fence types permitted: a. Masonry walls b. Ornamental iron c. Woven wire d. Wood or other material e. Hedges 5. Fence types prohibited: a. Fences carrying electric current b. Any fence, if in the opinion of the Chief Building Inspector, that would constitute a hazard to the health of any person. -77- ~ s SECTION TWENTY: PLANNED COMMERCIAL DEVELOPMENT DISTRICT A. PLANNED COMMERCIAL DEVELOPMENTS: The intent of the Planned Commercial Development District is to permit the establishment of a well designed complex of retail and/or wholesale commercial facilities for a neighborhood or community which will provide goods and services for the people to be served, minimize traffic congestion on thoroughfares and pub- lic streets in the vicinity, and which shall best-fit the general environment and land use pattern of the area to be served. The protective standards for site use and development contained in the district are intended to minimize any adverse ef- fect of the Planned Commercial Development on nearby property values by achieving maximum compatible integration of land uses, by preserving the aesthetic qualities of the area, and to provide for safe and efficient use of the Planned Commercial Development itself. This section is intended to provide a means by which a tract of land may be developed by permitting the developer to have knowledge of use of land permitted and likewise seek said uses upon approval of an Outline Development Plan. In this district, the Preliminary Development Plan is construed to be tentative approval of uses within this district and also tentative approval of uses of a commercial nature. Approval of the Outline Development Plan shall not be construed to be approval of a Preliminary Development Plan or Final Development Plan except in respect to concept. B. USE REGULATIONS: Planned development of any nature--private, 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, or associate ownership. Development may include residential development if approved by the Planning Commission. C. AREA - HEIGHT AND SETBACK REGULATIONS: 1. To qualify for consideration for Planned Development District zoning, the proposed development area shall be under unified control. 2. Height, setback, access, screening of service areas and all other require- ments for a controlled area regulation shall be considered for the overall site with regard to those limitations established on similar uses in other Wheat Ridge Zoning Districts, except that parking shall be provided at a rate of three (3) square feet of parking for each one (1) square foot of gross floor area. Parking is considered to-,include that area utilized for ingress and egress. -?B- D. APPLICATION PROCEDURES: The following procedures shall be followed when making application for a Planned Commercial Development District rezoning. An applicant shall make application for the approval of a Planned Commercial Development District to the Planning Commission. At his option, the applicant shall accompany his application with an Outline Development Plan as specified in this section or he may accompany his application with a Preliminary Development Plan as specified in this section. 1.. Outline Development Plan: a. An Outline Development Plan shall include both maps and a written statement and shall show enough of the area surrounding the site to demonstrate its relationship toadjoining uses, existing and proposed. b. The maps which are a part of the Outline Development Plan may be in general schematic form and shallcontain the following information: (1) The general topographic character of the land. (2) The approximate location of all streets within the site. (3) The proposed landscaping to be accomplished adjacent to the sites perimeter and within any major open spaces contemplated as part of the development. c. The written statement to accompany the Outline Development Plan shall contain the following information: (1) An explanation of the character of the Qlanned Commercial Develop- ment and the manner in which it will be so developed to take advantage of the Plan- ned Commercial Development District regulations. (2) A statement of the present ownership of all the land within the site. (3) A general indication of the expected utilization of the land, pos- sible uses to be included in the development. (4) Legal description of the area to be rezoned. (5) The area included within the zone and the zoning of adjacent sur- rounding properties. d. Accompanying the application will be a fee of two hundred and fifty (250) dollars if rezoning and development is applicable. 2. Approval of Outline Development Plan for Rezoning: a. Within sixty (60) days after filing the Outline Development Plan for rezoning or side development, the Planning Commission shall hold a public hearing and forward the plan to the City Council recommending that the rezoning be disap- proved, approved, or approved with modifications and giving the reasons for the recommendations. -79- b. The City Council shall give.-notice of public hearing to beheld on the-plan for rezoning, said hearing to be held-not more than sixty (60) days after receipt-of the Planning Commission's_recammendation. After the hearing, Council shall-disapprove, approve-,-or--approve-with-modifications tha-plan for -rezoning. 3. Preliminary Development Plano a. If no Outline Development Plan he been filed, the Preliminary Develop- ment-Plan must contain that data required _in b-1-6, D-1-c, and--D-1-d and shall con- tain-the-following: (1) Plans drawn `at the scale of not less than one (1) inch to one hun- - drab (100) feet. (2) All public and private right-of-wsy'and-easement lines-located on and-adjacent to the Rroperty which are proposed to be continued, created, relocated or abandoned. .(3) The proposed finished grade ofthe zone shown by contours with inter- vals not larger than two (2) feet. (4) The, -approximate location of every existing and proposed structure in the described parcel,. the use-or uses to Ve contained therein,, the number of buildings, the gross floor area, and the location of entrances=and loading points therefore. - _ - ~ - _ (5) All curb cuts, driving lams,-.parking areas, loading areas, and illumination-facilities. - (6) All walks, malls, and other open areas. (7) Location, size, height, and orientation of all signs. - - (8) Location of all walls, fences and screen planting. - (9) Types of surfacing such as paving, turfing, or gravel to -be used on various facilities. - - (10) All existing and proposed water and sewer lines and their=source of supply are to be shown and also all electric lines and-their maximum capacity- are to be shown. (11) A drainage plan of the area showing size and location of such existing and proposed structure. Also the approximate volume of water generated by development of the subject area and the-proposed method of disposing. of said water. - - E. -APPROUAL OF PRELIMINARY DEUELOPMENT PLAN: 1. The Preliminary Development Plan shall beconsidered fnx_appru\Lal under the following-procedures: - - - - ' -80- - 4 a. Within no less than fifteen (15) days and no more than ninety (90) days after filing the Preliminary Development Plan, the Planning Commission shall hold a public hearing before forwarding the plan to the City Council with a written re- port recommending that the plan be either disapproved, approved, or approved with modifications. Notice of public hearing shall be given as required by law. b. The Council shall give€notice of a public hearing to be held on the Plan. The report must be publicly available at least fifteen (15) days before the public hearing, and the Preliminary Development Plan shall be disapproved, approved, or approved with modifications by the City Council. c. Building permits may not be issued on land within the planned develop- ment until the final plans for the development have been reviewed by the Planning Commission and approved by the Council. F. -APPROVAL OF FINAL DEVELOPMENT PLAN: 1. Within six (6) months following the approval of the Preliminary Development Plan, the applicant shall file with the Planning Commission a Final Development Plan containing in final form all information required by the Planning Department. In its discretion and for good cause, the Planning Commission may extend for six (6) months the period for filing the Final Development Plan. 2. The Planning Commission shall hold a public hearing upon the Final Develop- ment Plan and shall give notice of it to the following: a. Any person who appeared on record at any hearing on the Preliminary Development Plan. b. Any other person who has indicated to the Planning Commission, in writing, that he wishes to be notified. c. Any other person as required by the Statutes. 3. The Planning Commission shall approve the Final Development Plan if it is in compliance with the accepted Preliminary Development Plan. The Final Development Plan will then be transmitted to the City Council fdr decision. 4. Final plans, approved under this classification, shall be provided to the City Council by the owner in" the form of reproducible linen(s) containing graphic and descriptive outlines of all final stipulations placed on this site plan by City Council. Each reproducible linen shall be recorded by the County Clerk and entered as an "Official Development Plan of the City of Wheat Ridge." G. CONSTRUCTION: 1. All construction shall be in accordance with such "Official Development Plan of the City of Wheat Ridge" and shall be completed within a time limitation to be established by the City Council of the City of Wheat Ridge. Such time limi- tation will be based on the extent of proposed development in relation to size, amount or physical construction necessary, cost, and other time factors felt to be involved with the subject proposal. If, in the opinion of the City Council of the -81 • r City of Wheat Ridge, substantial construction of physical improvements have occured at the and of this time limitation and is evidenced by the submission of documents by the applicant, the City Council of the City of Wheat Ridge may extend the initial time period. 2. Failure to complete construction at the termination of the initial time limitation, or such extension of time as may have been granted the applicant, shall be cause for action by the City Council of the City of Wheat Ridge to consider re- classification and rezoning of said site to a more restrictive zone classification or classifications. H. All development plans approved shall be binding upon the applicants, their successors and assigns and shall limit the development to all conditions and limi- tations established in such plans. I. AMENDMENTS: 1. Based upon showing of necessity therefor, minor changes in the locations of structures and their accessory uses may be permitted with the concurrence of the Planning Director and Chief Building Inspector if such changes will not cause any of the following circumstances to occur: a. Change in the character of the development; b. Increase in ratio of gross floor areas in structures to the area covered by such special plan beyond the authorized maximum allowed within this ordinance; c. Increase in the intensity of use; d. Increase of the problems of circulation, safety and utilities; a. Increase of the external effects on the adjacent properties; f. Reduction in the originally approved setbacks from perimeter property lines of the Planned Commercial Development of structures located adjacent to said property line; g. Increase in the ground coverage by structures beyond the authorized maximum allowed within this ordinance. -82- SECTION TWENTY-ONE: INDUSTRIAL DISTRICT A. USE REGULATIONS: 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 in the Commercial One District or Commercial Two District if ap- proved by the Wheat Ridge Planning Commission and in conformance to the regulations for the Industrial District 2. Commercial wholesale greenhouses 3. Manufacturing, processing or assembling or a combination of the following: a. Instruments of professional, scientific, photographic, optical and other similar uses b. Electrical machinery, equipment and supplies c. Fountain and beverage dispensing equipment d. Plywood, furniture and similar wood products e. Small items such as toys, clocks, jewelry, fountain pens„ pencils and plastic products f. Transportation equipment g. Candy h. Foods (processing and/or canning) i. Glass and glass products j. Other similar uses 4. Printing, engraving and other related reproduction processes 5. Custom fabrication 6. Research laboratories, Offices and other facilities for research, both basic and applied, conducted by or for any individual, organization or concern,, whether public or private 7. Distribution of books and other printed materials 8. Warehousing or storage of the following or combination thereof: a. Automobile and/or truck parts b. Air transportation vehicle parts c. Tires and tubes d. Beauty shop equipment and supplies e. Household furniture f. Medical and hospital equipment and supplies -83- f - _ -301%mw +w. -ate 9 ~r~T 6 0 g. Tobacco products (finished product) h. Art goods i. Wearing apparel j. Watches and jewelry k. Photographic supplies 1. Brushes m. Toys n. Porcelin products (finished product) o. Musical instruments p. Glass products (finished product) q. Other similar uses 9. Retail sales of any commodity that is manufactured, processed, fabricated or warehoused only an the premises; and equipment, supplies and materials designed especially for use in agriculture,°mining, industry, business, transportation, building and other construction 10. Repair, rental and servicing of any commodity that the manufacture, fabri- cation, processing, warehousing or sale of which is permitted in the district 11. Retail uses incidental to and in support or any use(s) permitted in this district shall include, but not limited to, retail uses such as cafeterias, soda or dairy bars and shops on the same tract or lot as the permitted use. Any such retail use shall be wholly within a building; and shall have no exterior adver- tising display 12. Offices such as engineering, architectural, design,,etc. which are.related to the industrial concept 13. Schools for industrial or business training 14. Railroad facilities exclusive of yard, maintenance, and fueling facilities a. Lot lines abutting railroad right-cf-way shall have constructed upon them a fence of minimum height of six (6) feet 15.- Operations required to maintain or support any use permitted on the same tract or lot as permitted use, such as maintenance shops, power plants, machine shops and the keeping of security animals 16. Residential dwelling and/or living quarters permitted if approved by the Wheat Ridge Planning Commission - 17. Terminals for transportation and public transit vehicles 18. Building materials sales yards 19. Broom factory -84- `1srwVli.4 - _ 20. Cabinet and wood-working shops 21. Carting, express, hauling or storage yard - 22. -Carpet cleaning and fumigating - 23. Cereal mills 24. Cheese factory 25. Contractors plant or storage yard 26. Electrical motors and armature regrinding shops 27. Film developing plants 28. -Ice plants - 29. Stone cutting works 30. Other smilar_uses -as approved-by the City of Wheat Ridge-Director of Plan- ning. - - - B. SPECIAL USES: 1. The following uses shall be permitted only upon approval of the Planning Commission: a. Governmental buildings, fire stations and publicutility buildings where no warehousing, storage facilities or repair facilities are maintained b. Water supply reservoir-, wells, water towers, filter beds, or irri- gation _canal_ - C. USES PROHIBITED: 1. Wholesale or retailsale or storage of the following: a. Live.animals b. Explosives c. Junk - d.- Gasoline bulk storage,exceeding--two thousand 02,000) gallons including storage for uses incidental accesaory ar the ;use permitted in'this ,.district-un- less approved b the _ by Wheat. Ridge Planning Commission 2. Basic manufacture of any`of_the `following: a. Abrasives b. Alcoholic beveragas distillation t, c. Animal products d. Bone black e. Fermented malt beverages f: Carbon black and lamp black - g. Charcoal h. Cinder or other blocks -85 r i i. Clay or clay products j. Detergents, soaps and by-products using animal fat k. Fermented fruit and vegetable products 1. Gases, other than those used in accordance with A.6 m. Concrete or cement n. Glue and size o. Gypsum and other forms of plaster base p. Matches q. Metal ingots, pigs, sand castings, sheets or bars r. Oils and fats - animal and vegetable a. Paper pulp and cellulose t. Portland and similar cements u. Serums, toxins, virises, etc. v. Turpentine w. Wax and wax products x. Other similar uses 3. Manufacturing, fabrication, and/or processing of any of the following: a. Chemicals, heavy or industrial b. Coal or coke c. Concrete or concrete products d. Insulation, flammable type e. Parafins, petroleum or petroleum products f. Paints, pigments, enamels, ,japans, lacquers, putties, varnishes, whitings, and wood fillers g. Other similar uses 4. Meat slaughtering or packing 5. Metals, extraction or smelting 6. Rubber manufacturing, processing or reclamation 7. Sawmill or planing mill 8. Tanning 9. Wood preserving by creosoting or other pressure impregnation of wood by preservatives 10. Other similar uses A. HEIGHT REGULATION: 1. No building shall exceed fifty*(50) feet inheight. -86- 9 1W _IXEW E. AREA REGULATIONS: 1. Area of lot: There shall be a minimum lot ❑r tract size of one half (z) acre (21,780 square feet) for any use(s) in the Industrial District. 2. Width of lot: The minimum width of lot or tract shall be one hundred (100) feet where width of lot is measured along a public street or at setback line from such public street. 3. Front yard: The minimum depth of front yard for each lot or tract shall be fifty (50) feet from any existing or proposed road right-cf-way. 4. Side yard: The minimum width of side yard shall be twenty-five (25) feet except where lot or tract abuts a residentially zoned tract or lots in which a minimum side yard of seventy-five (75) feet shall be required. 5. Rear yard: The minimum depth of rear yard shall be twenty (20) feet except where lot or tract abuts railroad right-of-way incidental to use permitted where no depth is required. Lots on tracts abuting residentially zoned tracts or lots shall have a minimum depth of seventy-five (75) feet. 6. Maximum lot coverage: No use shall exceed fifty (50) percent of the total area of the lot and no use with its incidental parking shall exceed seventy-five (75) percent of the total area. F. OFF STREET PARKING REQUIREMENTS: 1. There shall be provided one (1) parking space for each 1.5 employees on the maximum working shift. a. A parking space shall be three hundred (300) square feet inclusive of any and all ingress and egress area required for vehicle maneuvering. b. Entrances, exits or driveways may be computed as any part of a required parking lot or area. 2. No driveway or curb cuts shall exceed twenty-five (25) feet in width along a street or road right-of-way and detailed plans shall be submitted for approval before a building permit may be obtained therefore 3. No building of any kind shall be erected in any off-street parking space except a parking garage containing parking spaces equal to the requirements set forth in Section 21.F.1.a 4. All parking spaces, drives, and islands shall be surfaced with a bitumious, concrete or similar material 5. Islands landscaped G. OFF STREET LOADING REQUIREMENTS 1. There shall be provided one (1) loading stall for the initial three thousand -87- 7~ (3,000) square feet of gross floor area and one (1) additional loading stall for each ten thousand (10,000) square feet thereafter. a. A loading space shall be nine hundred (900) square feet inclusive of any area used for maneuvering or parking. b. Entrances, exits or driveways may be computed as any part of a required loading stall. H. PERFORMANCE STANDARDS: Effect-s-of concurrent operations: The sum total of the effects of concurrent operations on two or more tracts measured at any property line shall not be greater or more offensive to the senses than the standards contained herein. Compliance with the provisions of these performance standards by single or mutual changes.in operational levels, scheduling of operations, and other adjustments is permitted. 1. Building enclosures: Every use shall be operated in its entirety within a completely enclosed building unless otherwise specified. 2. Landscaping: No building or structure, above ground, shall extend beyond the building lines, and it is hereby declared that said area beyond the building lines and the property lines is to be used either for open landscape and green areas or for off-street surface parking areas. If said area is to be landscaped, it shall be done attractively with lawn, trees, shrubs, etc., according to the initial submitted plans which were first approved of for the development of such tract by a permitted use. If Said area is to be used for off-street parking, the parking arrangement and surfacing must likewise be approved of for the development of such tract by a permitted use. Any landscaped areas shall be properly maintained hereafter in a sightly and well kept condition. Parking areas shall likewise be maintained in goad condition. Any areas left in a natural state shall be properly maintained in a sightly and well kept condition. 3. Noise: Noise shall be measured on any property line of the tract on which the operation is located. Noise shall be muffled so as not to become objection- able due to intermittence, beat frequency, shrillness or-intensity. At the pro- perty line the sound pressure level of noise radiated continuously from a facility shall not exceed the values given in Tables I and II in any octave band frequency. The sound pressure level shall be measured with a Sound Level Meter and an Octave Band Analyzer that conform to specifications published by the American Standards Association. (American Standard Sound Level Meters for Measurement of Noise and Other..Sounds, Z24.371944, and American Standard Specifications for an Octave Band Filter Set for the Analysis of Noise and Other Sounds, Z24.10-1953, American Stand- ards Association, Inc., New York, New York, shall'be used.) -88- If the noise is not smooth and continuous, one or more of the corrections in Table II shall be added to or subtracted from each of the decibel levels given in Table I. 4. Odors: Odors from any use hereafter begun shall not be discernible at the property line to a greater degree than odors from plants for the manufacturing or fabrication of books, textile weaves, electronic equipment, or other plants in which operations do not result in greater degree of odors. The values given in Table III (Odor Thresholds) Chapter 5, ."Physiological Effects", in the "Air Pol- lution Abatement Manual", by the Manufacturing Chemists's Association, Inc., Wash- ington, D. C. copyright 1951, shall be used as standard in case of doubt concerning the character of odor emitted. In such cases, the smallest value given in Table III shall be the maximum odor permitted. Detailed plans for the prevention of odors crossing property lines may be required before the issuance of a Building Permit. Coloredo.Department of Health, Air Pollution Control Committee's Regulation 2, "Odor Emission Regulation", effective April 20, 1971, should be complied with when found to be more restrictive than the values of the "Air Pollution Abatement Manual". 5. Glare: Glare, whether direct or reflected, such as from floodlights or high temperature processes, and as differentiated from general illumination, shall not be visible at any property line. 6. Exterior Lighting: Any lights used for exterior illumination shall direct light away from adjoining properties. 7. Vibration: Vibration shall not be discernible at any property line to the human sense of feeling for three (3) minutes or more duration in any one hour. Vi- bration at any time shall not produce an acceleration of more than 0.1 gravities or shall result in any combination of amplitudes and frequencies beyond the "safe" range of Table VII, United States Bureau of Mines Bulletin No. 442, "Seismic Effects of Quarry Blasting", on any structure. The methods and equations of said Bulletin No. 442 shall be used to compute all values for the enforcement of this provision. 8. Emission Control of Smoke, Dust and Gases: a. Smoke: Smoke emissions and capacity levels shall be regulated so as to be in compliance with the Colorado Department of Health, Air Pollution Control Commission's Regulation 1, "Emission Control Regulations for Particulates, Smokes, and Sulfer Oxides for the State of Colorado", effective March 15, 1971. b. Dust end other Particulates: Fugitive dust and other particulate mat- ter from fuel-burning equipment, refuse burning facilities, and manufacturing shall be controlled in accordance with the Colorado Department of Health, Air Pollution _89- Contol Commission's, Regulation 1, "Emission Control Regulations for Particulates, Smokes, and Sulfur Oxides for the State of Colorado," effective March 15, 1971. c. Oases: Detailed plane for the elimination of fumes or gases may be required before the issuance of a building permit. Sulfur oxide emissions shall be governed by the above stated "Emission Control Regulations for Particulates, Smokes and Sulfur Oxides for the State of Colorado". 9. Hazard: Any research operation shall be carried on with reasonable pre- cautions against fire and explosion hazards. 10. Radiation Control: Radiation and the utilization of radioactive materials shall be regulated so as to conform with_,the Colorado Department of Health's "Rules and Regulations Pertaining to Radiation Control", approval by the Radiation Advisory Committee of Colorado, adopted by the Colorado State Board of Health on March 18, 1970, and effective July 1, 1970. 11. Electrical Radiation: Any electrical radiation shall not adversely effect at any point, any operations or any equipment other than those of the creator of the radiation. Advaidance of adverse effects from electrical radiation by appropri- ate single or mutual scheduling of operations is permitted. 12. Storage: No materials or supplies shall be stored or permitted to remain on any part of the property outside the buildings constructed thereon. Any finished products or semi-finished products stored on the property outside of said buildings shall be confined to the rear one half (Y2) of the property, but shall in no instance be placed on that side of the building paralleling an existing or proposed street, and be properly located and screened so as not to be visible from any property line. 13. Waste: No waste material or refuse shall be dumped upon or permitted to remain upon any part of the property within an Industrial District outside of buildings constructed thereon. In addition to the foregoing, the property shall not be used by any industry whose primary business requires industrial sewerage, unless the then governing Sanitation Authorities authorizes the use of its sewage disposal facilities or said industry constructs its own disposal plant. All plans for waste disposal facilities shall be required before the issuance of any build- ing permit. I. PROOF OF CONFORMANCE: Proof of conformance with regulations as set forth in Section 21-H shall be met by the submission of a signed document on or before the 3rd day of January of each year. The document shall be signed by the owner of subject property or owner and lessee if such is the case. -90- J. APPLICATION PROCEDURES: The following procedures shall be followed when making application for an Industrial District rezoning or when developing within an In- dustrial zone. An applicant shall make application for the approval of an Industrial District or Development to the Planning Commission. At his option, the applicant shall ac- company his application with an Outline Development Plan as specified in this section or he may accompany his application with a Preliminary Development Plan as specified in this section. 1. Outline Development Plan: a. An Outline Development Plan shall include both maps and a written state- ment and shall show enough of the area surrounding the site to demonstrate its re- lationship to adjoining uses, existing and proposed. b. The maps which are a part of the Outline Development Plan may be in general schematic form and shall contain the following information: (1) The existing topographic character of the land at a contour in- terval not larger than five (5) feet. (2) The approximate location of all streets within the site. (3) The proposed landscaping to be accomplished adjacent to the sites perimeter and within any major open spaces contemplated as part of the development. c. The written statement to accompany the Outline Development Plan shall contain the following information: (1) An explanation of the character of the planned development and the manner in which it will be so developed to take advantage of the Industrial District regulations. (2) A statement of the present ownership of all the land within the site. (3) A general indication of the expected utilization of the land, pos- sible uses to be included in the development. d. Accompanying the application will be a fee of two hundred fifty (250) dollars if rezoning and development is applicable. In case of parcels zoned prior to the effective date of this ordinance, the development fee of one hundred fifty (150) dollars shall be required. 2. Approval of Outline Development Plan for Rezoning and/or Development: a. Within sixty (60) days after filing the Outline Development Plan for rezoning or site development, the Planning Commission shall hold a public hearing and forward the plan to the City Council recommending that the rezoning be disap- proved, approved, or approved with modifications and giving the reasons for the recommendations. -91- 7.1 mod'-~~.T b. The City Council shall give notice of public hearing to be held on the plan for rezoning and/or development, said hearing to be held not more than sixty (60) days after receipt of the Planning Commission's recommendation. After the hearing, Council shall disapprove, approve, or approve with modifications the plan for the rezoning and/or development. c. If the Outline Development Plan for rezoning and/or development is approved with modifications, the rezoning map shall not be amended until the ap- plicant had agreed to the plan as modified. No building permits may be issued on land within the development until final plans have been approved by the Planning Commission and the City Council as provided for in the following sections. 3. Preliminary Development Plan: a. An applicant seeking approval of a rezoning to Industrial District and/ or development of an Industrial District shall submit a Preliminary Development Plan at either of the following times: (1) If no Outline Development Plan has been submitted and approved at the time of application for rezoning or development. (2) If an Outline Development Plan has been approved within six (6) months following its approval. This time limit may be extended for six (6) months at the discretion of the Planning Commission. b. The Planning Commission may authorize the submission of Preliminary Development Plans in stages where it applies to site development only. c. The Preliminary Development Plan for rezoning and/or development shall be submitted, drawn at a scale of not less than one (1) inch to one hundred (100) feet and containing the following: (1) Legal description of area to be rezoned. (2) The area included within the zone and zoning of adjacent surround- ing properties. (3) All public and private rights-of-way and easement lines located on and adjacent to the property which are proposed to be continued, created, relocated or abandoned. (4) The proposed finish grade of the zone shown by contours with in- tervals not larger than two (2) feet. (5) The approximate location of every existing and proposed structure in the described parcel, the use or uses to be contained therein, the number of buildings, the gross floor area, and the location of entrances and loading points therefor. (6) All curb cuts, driving lanes, parking areas, loading areas and illumination facilities. -92- I 1 1 9 a (7) All walks, malls and other open areas. (8) Location, of all walls, fences and screen planting. (9) Location, size, height, and orientation or all signs. (10) Types of surfacing such as paving, turfing or gravel to be used on various facilities. (11) That all existing and proposed water and sewer lines and their source of supply be shown; that all electric lines and their maximum capacity be shown. (12) A drainage plan of the area showing size and location of each existing and proposed building or structure. The approximate volume of water gen- erated by development of the subject area and the proposed method of disposing of said water. d. If no Outline Development Plan has been filed, the Preliminary Plan must contain the written statement required by subsection J.1.c and must include enough of the areas surrounding the site to show the relationship of rezoning and/ or development to adjacent uses. K. APPROVAL OF PRELIMINARY DEVELOPMENT PLAN: 1. The Preliminary Development Plan shall be considered for approval under the following procedures: a. Within no less than fifteen (15) days and no more than ninety (90) days after filing the Preliminary Development-Plan, the Planning Commission shall hold a public hearing before forwarding the plan to the City Council with a written re- port recommending that the plan be either disapproved, approved, or approved with modifications. Notice of public hearing shall be given as required by law. b. The Council shall give notice of a public hearing to be held on the plan. The report must be publicly available at least fifteen (15) days before the public hearing, and the Preliminary Development Plan shall be disapproved, approved or approved with modifications by the City Council. c. Building permits may not be issued on land within the planned develop- ment until the final plans for the development have been reviewed by the Planning Commission. L. APPROVAL OF FINAL DEVELOPMENT PLAN: 1. Within six (6) months following the approval of the Preliminary Development Plan, the applicant shall file with the Planning Commission a Final Development Plan, containing in final farm all information required by the Planning Department. In its discretion and for good causes the Planning Commission may extend for six (6) months the period for filing the Final Development Plan. -93- 2. The Planning Commission shall hold a public hearing upon the Final Develop- ment Plan and shall give notice of it to the following: a. Any person who appeared on record at any hearing on the Preliminary Development Plan. b. Any other person who has indicated to the Planning Commission, in writing, that he wishes to be notified. c. Any other person as required by the Statutes. 3. The Planning Commission shall approve the Final Development Plan if it is in compliance with the accepted Preliminary Development Plan. 4. Final plans, approved under this classification, shall be provided to the Planning Commission by the owner in the form of reproducible linen(s) containing graphic and descriptive outlines of all final-stipulations placed on this site plan by City Council. Each reproducible linen shall be recorded by the County Clerk and entered as an "Official Development Plan of the City of Wheat Ridge." M. CONSTRUCTION: 1.1 All construction shall be in accordance with such "Official Development Plan of the City of Wheat Ridge" and shall be completed within a time limitation to be established by the City Council of the City of Wheat Ridge. Such time limi- tation will be based on the extent of proposed development in relation to size, amount or physical construction necessary, cost, and other time factors felt to be involved with the subject proposal. If, in the opinion of the City Council of the City of Wheat Ridge, substantial construction of physical improvements have occured at the and of this time limitation and is evidenced by the submission of documents by the applicant, the City Council of the City of Wheat Ridge may extend the initial time period. 2. Failure to complete construction at the termination of the initial time limitation, or such extension of time as may have been granted the applicant, shall be cause for action by the City Council of the City of Wheat Ridge to consider re- classification and rezoning of said site to a more restrictive zone classification or classifications. _ N. All development plans approved shall be binding upon the applicants, their successors and assigns and shall limit the development to.-,all conditions and limi- tations established in such plans. 0. AMENDMENTS: 1. Based upon showing of necessity therefor, minor changes in the locations of structures and their accessory uses may be permitted with the concurrence of the Planning Director and Chief Building Inspector if such changes will not cause any of the following circumstances to Occur: -94- 0 11 a. Change in the character of the development; b. Increase in ratio of gross floor areas in structures to the area covered by such special plan beyond the authorized maximum allowed within this ordinance; c. Increase in the intensity of use; d. Increase of the problems of circulation, safety and utilities; e. Increase of the external effects on the adjacent properties; f. Reduction in the originally approved setbacks from perimeter property lines of the Industrial District of structures located adjacent to said property line; g. Increase in the ground coverage by structures beyond the authorized maximum allowed within this ordinance. -95- TABLE I 0 Maximum permissible sound-pressure levels at specified points of measurement for noise radiated continuously from a facility. Frequency Decibel* Band Cycles Level, for Second 20 - 75-------------------------------------69 75 - 150-------------------------------------54 150 - 300-------------------------------------47 300 - 600-----------------------------------41 600 - 1,200-------------------------------------37 11200 - 2,400----------------- 2,400 - 4,800------------------ 4,800 -10,000----------------- 10,000 -20,000----------------- 20,000 -30,000----------------- 30,000 -40,000----------------- 40,000 -50,000----------------- -------------------31) -------------------28) -------------------25) ---------------24) -------------------23) (td avoid possible interference with animal experiments) *According to the following formula, Sound Pressure Level in Decibels equals 10 Log P 1 P2 Where P2 equals 0.0002 dynes/cm2 TABLE II TYPE OF OPERATION OR CHARACTER OF NOISE Noise source operates less than 20% of any one hour period Noise source operates less than 5% of any one hour period Noise source operates less then 1% of any one hour Noise of implusive character (hammering, etc.) Noise of periodic character (hum, screech, etc.) CORRECTION IN DECIBELS plus 5* plus 10* plus 15* minus 5 minus 5 *Apply one of these corrections only -96- SECTION TWENTY TWO: HOSPITAL-ONE 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 those areas served by public water and sewer facilities. 1. Public General Hospitals 2. Private Hospitals 3. Homes for aged, nursing homes (but not including facilities for mentally disturbed or defective or for the care or treatment of animals) 0. HEIGHT REGULATION: 1. No building shall exceed a height of thirty-five (35) feet C. AREA REGULATIONS: 1. Area and minimum width of lot: There shall be a minimum lot area of one (1) acre. The minimum width for the lot shall be two hundred (200) feet. 2. Front yard: The minimum depth of front yard shall be thirty (30) feet. 3. Side yard: The minimum side yard shall be fifty (50) feet on each side. 4. Rear yard: The minimum rear yard shall be ten (10) feet. D. PARKING REGULATIONS: 1. There shall be provided one (1) parking space for each five (5) beds and in addition thereto, there shall be provided one (1) parking space for each two (2) employees on the maximum working shift. E. FENCES, WALLS AND OBSTRUCTIONS TO VIEW: 1. No fence, wall, hedge or other structure, other than a main structure, shall exceed a height of forty-two (42) inches or shall be erected, placed or maintained within fifty-five (55) feet of an intersection of two (2) or more street right-of- way lines. 2. No fence, wall or other obstruction shall be erected above a height of forty- eight (48) inches within the distance caused by the intersection of a side lot line with an extension line of the front wall of a main structure and no fence or wall or other obstruction shall be erected above a height of seventy-two (72) inches in in- stances not otherwise specified. 3. No type of tree, plant, sign, fence, wall, hedge or other obstruction to vision shall be placed or retained in such a manner as to obstruct vision at any intersection of streets or cause a traffic hazard. -97- 4. Fence types permitted: a. Masonry walla b. Ornamental iron c. Woven wire d. Wood or other material e. Hedges 5. Fence types prohibited: a. Fences carrying electric current b. Any fence, if in the opinion of the Chief Building Inspector, that would constitute a hazard to the health of any person -98- SECTION TWENTY THREE: HOSPITAL-TWO DISTRICT A. USE REGULATION: No building or land shall be used and no building shell be hereafter erected, converted or structurally altered unless otherwise provided herein except for one or more of the following uses, restricted however to those areas served by public water and sewer facilities. 1. Public General Hospitals 2. Private Hospitals 3. Hospitals or sanitariums for mentally disturbed or defectives 4. Hospitals or sanitariums for contagious or infectious diseases B. HEIGHT REGULATION: 1. No building shall exceed a height of eighty (80) feet. C. AREA REGULATIONS: 1. Area and minimum width of lot: There shall be a minimum lot area of fifty (50) acres. 2. Front yard: The minimum depth of front yard shall be fifty (50) feet. 3. Side yard: The minimum side yard shall be one hundred (100) feet on each side. 4. Rear yard: The minimum rear yard shall be fifty (50) feet. D. PARKING REGULATIONS: 1. There shall be provided one (1) parking space for each five (5) beds and in addition thereto, there shall be provided one (1) parking space for each two (2) employees on the maximum working shift. E. FENCES, WALLS AND OBSTRUCTIONS TO VIEW: 1. No fence, wall, hedge or other structure, other than a main structure, shall exceed a height of forty-two (42) inches or shall be erected, placed or maintained within fifty-five (55) feet of an intersection of two (2) or more street right-of- way lines. 2. No fence, wall or other obstruction shall be erected above a height of forty- eight (48) inches within the distance caused by the intersection of a side lot line with an extension line of the front wall of a main structure and no fence or wall or other obstruction shall be erected above.a height of.seventy-two (72) inches in in- stances not otherwise specified. 3. No type of tree, plant, sign, fence, wall, hedge, or other obstruction to vision shall be placed or retained in such a manner as to obstruct vision at any intersection of streets or cause a traffic hazard. _gg- - 4. Fence types permitted: a. Masonry walls h. Ornamental iron c. Woven wire d. Wood or other material e. Hedges 5. Fence types prohibited: a. Fences carrying electric current- b. Any fence, if in the opinion of the Chief Building Inspector, that would constitute a hazard to the health of any person. -100- SECTION TWENTY FOUR: EXCAVATION AND DEPOSIT CONTROL 1. No deposit and/or extractive operation shall be permitted in any district except in the manner prescribed herein. It is the intent and purpose of this section to establish reasonable uniform limitations, safeguards and controls in the City of Wheat Ridge for the conservation and wise utilization of property through deposit and/or extraction of sand, gravel, rock, earth, minerals and other similar resources. All special permits required hereinafter shall be applied for through the City Planning Department. Decision shall be made by the City Council upon recommendation of the Planning Commission. Hearings may be established on consecutive Planning Commission and City Council hearing dates. A. Such operation within any district shall be restricted to the following: 1. Deposit or extraction of earth, sand., gravel, rock, minerals or other simi- lar resources, and/or storage thereof, subject to the following conditions: (in cases of isolation or unusual characteristics of the operation or the location thereof, amendment of these requirements may be made by special permit). a. Subject to obtaining a permit through the Planning Department prior to any operation of this nature--which shall be issued upon receipt of: (1) Number of acres involved and acceptable,legal description of site (2) Name and address of property owner(s), and lessee, if any (3) Site plan indicating all proposed or existing access or egress ways Such permit shall be issued only upon receipt of proper bonding and insurance requirements as required herein. b. Setback: Subject to maintaining a thirty (30) foot setback from all property lines. c. Roads: Subject to operator(s) maintaining all haulage roads used in connection with this operation, under their control or ownership, as much as pos- sible in a dust free condition. Such haulage roads shallnot be established along existing residential streets, except as may be provided under special permit by the Planning Commission. This shall not preclude collector or major streets from being used for this purpose. d. Fencing: The property containing the extractive operation shall be enclosed by a V-mesh, cyclone or chain link, or other similar type metal fence, with a minimum height of seventy-two (72) inches. Three (3) strands of barbed -101- wire shall be placed above the metal fencing and canted to a 450 angle to the out- side. At such time as the site has been rehabilitated in conformance with the re- quirements as contained herein, the fencing may be removed. e. Overburden: The overburden shall be stockpiled either in windrows, or concentrated piles, and shall be stabilized in an acceptable manner so as not to become a source of blowing dust or dirt. f. Drainage: Debris and/or contaminants shall not be accumulated or dis- charged beyond the property line by any means of transportation, including that of natural drainage. The operation shall be conducted so that the excavated area will not permit water of a stagnated nature to collect or remain. g. Lighting: Not permitted. h. Rehabilitation: Within fifteen (15) months of the issuance of the special permit, rehabilitation of the site shall have been completed in the fol- lowing manner: (1) The rehabilitated site shall be finished to retain its previous topographical character. (2) Top soil shall be spread evenly over the rehabilitated site to a depth comparable to that of adjoining areas. Property not ultimately used for lake purposes ar structures etc., shall'-be planted with trees, shrubs, grasses or similar ground cover to preclude further erosion of the soil. (3) No sanitary landfill shall be used for rehabilitation except in conformance with provisions of a special permit issued by the Planning Commission. i. Bond: To ensure rehabilitation of the site as prescribed in sub-para- graph "h", there shall be required, at a time of original permit, a corporate surety bond for the faithful performance of and compliance with these standards and speci- fications. Said bond shall be in the amount equal to $5000.00 per acre of the total site. In no instance shall the amount of bond be less than $5000.00. Bond must be backed by acceptable sureties. J. Insurance: Every operator before commencing operations shall be insured to the extent of $200,000.00 per person, $5002000.00 per occurance against liabil- ity arising from production, activities or operations incidental thereto conducted or carried on under or by virtue of any law, resolution or condition imposed by these regulations,iand Such insurance shall be kept in full force and effect during the period of such operations, including site rehabilitation. A certificate indi- cating protection by such insurance shall be filed with the Planning Commission. -102- k. Equipment: All equipment used shall be maintained and operated util- izing standard items, such as mufflers, filters, etc., as much as possible, elim- inate noise, vibration, dust, etc., which are injurious- or substantially annoying to persons living in the vicinity. 1. Hours of operation: All activities shall operate within the hours of 7:00 a.m.-to 5:00 p.m. B. Application for such special permit shall include the following: 1. A drawing of the proposed site, including complete and accurate legal des- cription of the property. 2. Indication of both existing and proposed topography. 3. Indication of existing and proposed vegetation features. 4. Indication of existing and proposed lakes, ponds, streams and other water- ways. 5. Location of proposed and existing ingress and egress ways. 6. Location of residences, structures, utilities and roadways within 14 mile distance of site in question. 7. Limits of proposed excavation. C. A special permit shall be issued for a period of time not to exceed one (1) year at which time applicant may apply for a renewal of a special permit. D. The fee to apply for special permit shall be five hundred (500) dollars. -103- SECTION TWENTY FIVE: NON-CONFORMING LOTS, NON-CONFORMING USES OF LAND, NON- CONFORMING STRUCTURES, AND NON-CONFORMING USES OF STRUCTURES AND PREMISES A. Intent - Within the districts created by the adoption of this ordinance, or by the adoption of amendments subsequent to this ordinance, there may exist: 1. Lots 2. Structures 3. Uses of land and structures which were legal prior to the time of the adop- tion or amendment of this ordinance but which under the terms of this ordinance or its amendment are now prohibited, restricted or regulated. It is the intent of this ordinance to permit these non-conformities to continue until they are volun- terily removed, or until they are amortized, but not to encourage their survival. It is further intended that these non-conformities will not be enlarged, expanded, or extended, not will they be used as grounds for adding other uses or structures prohibited in the district. B. Nan-conforming uses are hereby declared to be incompatible with the principle permitted uses in the districts involved. A non-conforming use of either a struc- ture, or of land, or of a structure and land in combination shall not be enlarged after the adoption or amendment of this ordinance creating such non-conformity through the attachment on the building or premises of the addition of other uses of a character which is prohibited in the district involved. C. Any building or structure for which a building permit has been issued prior to the date of enactment, or amendment of this ordinance may be completed and used in accordance with the plans, specifications and permit on which said building permit was granted, if construction is commenced within sixty (60) days after the issuance of said permit and diligently carried to completion. D. Non-Conforming Lots of Record - In any district in which single family dwellings are permitted, a single family residence and customary accessary buildings may be erected on any single lot of record which exists as such as the time of adoption of this ordinance. Such a lot must have been in separate ownership and not of contin- uous frontage with other lots under the same ownership. This provision shall apply even though such lot fails to meet the requirements of the district in which it is located for area, or width, or both provided however that the requirements of the district for minimum yard dimensions shall be met unless a variance to said require- ment has been granted by the Board of Adjustment. -104- If two or more lots or combinations of lots and portions of lots with contin- uous frontage in single ownership are of record at the time of passage or amendment of this ordinance, and part or all of said lots do not meet the requirements of the district in which they are located as to minimum area or frontage or both, the lands shall be considered for the purpose of this ordinance to be an undivided parcel and no portion of said parcel shall be sold or used in a manner which diminishes compli- ance with lot width and area requirements established by this ordinance. E. Non-conforming uses of land, or land with minor structures only: Non-conforming use of land, legally existing at the time of the adoption or amendment of this ordin- ance where such use involves no individual structure with a.replacement cost of more than one thousand (1,000) dollars, may be continued as long as it remains otherwise lawful, for a period not to exceed two (2) years from the date of the adoption of this ordinance, or the amendment thereto creating said non-conforming use, provided: 1. That no such use shall in any manner be increased to occupy a greater area of land than was occupied on the date of adoption or amendment of this ordinance. 2. That no such use shall be moved, in whole, or in part to occupy any portion of the lot or parcel other than that occupied on the date of adoption or amendment of this ordinance. 3. That should any such use, for any reason, cease for a period of 30 days or more or at the end of the two (2) year amortization period, any further use of the property shall be in full conformance with all of the requirements of this ordin- ance for the district in which said property is located. 4. No additional structures not conforming to.the requirements of this ordin- ance shall be erected in conjunction with said non-conforming use. F. Non-Conforming Structures - Where a structure with a replacement value of more than one thousand (1,000) dollars lawfully exists at the time of the adoption or amendment of this ordinance which could not be built under the requirements of this ordinance because of lot area, lot coverage, required yards, or the location of the structure on the lot, such structure may be continued so long as it remains other- wise lawful, subject to the following provisions: 1. No such structure may be enlarged or altered in such a manner as to increase its non-conformity; however, any structure or portion thereof may be altered to de- crease its non-conformity. 2. If any such structure or non-conforming portion thereof be destroyed by any means to an extent of more than 50 percent of its replacement cast at the time of -105- said destruction, it shall not be reconstructed except in conformity with the ap- plicable provisions of this ordinance. 3. If any such structure should for any reason be moved from its location at the time of adoption or amendment of this ordinance, it shall conform to the pro- visions of the district in which it is located after it is moved. G. Non-Conforming Uses of Structures or of Structures and Premises in Combination - Lawful uses of individual structures with a replacement cost of one thousand (1,000) dollars or more, or such structures and land in combination which exists at the time of adoption, or amendment of this ordinance, but which would not be allowed in the district in which located under the terms of this ordinance, may be continued, so long as they remain otherwise lawful, for a period not to exceed fifteen (15) years from the date of the adoption of this ordinance or amendment thereto creating said non-conforming use, provided: 1. No existing structure devoted to a use not permitted by this ordinance in the district in which located shall be enlarged, extended, constructed, recon- structed, moved or structurally altered except in changing the use of the struc- ture to a use permitted in the district in which it is located. 2. Any non-conforming use may be extended throughout any parts of the building which were designed or arranged for such use at the.time of adoption or amendment of the ordinance, but no such use shall be extended to occupy any land outside such building. In addition, no such use shall be extended to any portion of the property outside of any building which was not used for said non-conforming use at the time of the adoption or amendment of this ordinancecreating said non-conforming use. 3. Provided that no structural alterations are made, any non-conforming use of a structure or of a structure and premises in combination may be changed to another non-conforming use as special exception by the Board of Adjustment, provided that said Board finds that the proposed use is equally or more appropriate than the exist- ing use. In permitting this change, the Board may require; whatever conditions and safeguards it deems necessary. 4. Any structure, or structure and land in combination, in or on which a non- conforming use is replaced by a permitted use shall not again be devoted to a use not permitted in the district in which it is located. 5. Whenever any non-conforming use of a structure, or a structure and land in combination, is discontinued for sixty (60) consecutive days or six (6) months dur- ing any three (3) year period, except when government action impedes access to the property, or at the termination of the fifteen (15) year amortization period, the -106- structure, or structure and premises in combination shall not thereafter be- de--voted to-a use ngt,permitted in the district in which it is located. 6. Where non=conforming use status applies to a structure and.premises in combination, removal.or destruction of the structure shall eliminate the non- conforming status of the land. Destruction for the purpose ofthis section shall be defined as damage to the extent of more than fifty (50) percent of the replace-_ mbnt cost at the time.of destruction, _ H. Repairs and Maintenance - On- any non-conforming structure, or portion of a structure containing a non-conforming use, work may be done during any one (1) year period on-ordinary repairs, or on repair and replacement of non-bearing wall; fixtures, wiring or plumbing to an extent not to exceed ten .(10) percent of the current replacement cost of the non-conforming structure, or portion of structure, provided that the cubic content existing when it became non-conforming is not in- creased. If a non-conforming structure, or a portion of-a structure devoted to a non conforming use becomes physically unsafe or unlawful due-to_a.lack of repairs and maintenance and it is declared by an authorized official, as designated by the Mayor, to be unsafe or unlawful by reason bf physical condition, it shall not thereafter be restored, rebuilt-, or repaired except in conformity with the regu- lations of the district in which it is located. Nothing in this ordinance shall- be. deemed to prevent the strengthening or re- stnring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protection of the public safety. I. Uses Under Special Exception Provision Non-Conforming Uses - Any use which- is permitted as a special exception in a district under the terms of the schedule of district regulations, but not including those special exceptions acted upon by the Board Of Adjustment under section 25-6-3 of this ordinance shall not be deemed a, non-conforming use in such district-, but shall without further action be considered a conforming use. J. Nothing in this ordinance shall be construed to mean that dwellings or other. structures existing in the City of Wheat Ridge on private.zoads.or legally recorded easements of at least twenty-five (25) feat width at the time of passage of this ordinance shall be considered to_he non-conforming. -107-- A. PURPOSE: SECTION TWENTY SIX: OUTDOOR ADVERTISING • It is the purpose of this code to promote, preserve and protect the health, safety, and general welfare of the present and future inhabitants of the!City by providing reasonable regulations and standards relating to signs, as hereinafter set forth, to lesson congestion in the streets, provide for the promotion of traf- fic safety and the orderly movement of,traffic, provide adequate light and air, protect and enhance the overall appearance of the community, and to conserve the value of buildings and encourage the most appropriate use of land throughout this municipality. This code recognizes and subscribes to the right of businessmen to advertise their businesses upon their own business premises; subject to the reason- able regulations herein set forth for the purposes and reasons heretofore indicated. B. SIGN CONTRACTORS LICENSE, PERMITS: 1. Sign Contractors License: No person, firm or corporation shall perform any work or services for any other person, firm or corporation or for any governmental entity, for compensation, in or in connection with the erection, construction, en- largement, alteration, repair, moving, improvement, maintenance, conversion, or dem- olition of any sign in the City of Wheat Ridge, or any work or services in connection with causing any such work to be done unless such person, firm or corporation shall first have obtained a sign contractor's license pursuant to the provisions of the Building Code of the City of Wheat Ridge. 2. Permits, Inspections and Maintenance: No person, firm or corporation shall erect, construct, enlarge, alter,_ repair, move, improve, convert, or demolish any sign in the City, or cause the same to be done, without first obtaining a separate building permit for reach such sign, pursuant to the Building Code of the City of Wheat Ridge. A permit shall not be required for the painting of a sign otherwise in conformance with this ordinance. a. Permits: In addition to the information required to be contained by the Building Code of the City of Wheat Ridge, each application for a sign permit shall also contain or be accompanied by the following information: (1) Name. and.-address of owner of the sign. (2) Name and address of owner of the premises where the sign is lo- cated or to be located. (3) Name and address,;of person entitled to possession of premises where the sign is located or to be located. (4) Plot plan definitely showing the location of the sign which is the subject of the permit and all other existing signs on the same premises. -108- (5) Plans showing the dimensions, supports, sizes, and materials of sign. (6) Statement of valuation of all materials and labor incorporated in sign. b. Inspections. All signs shall be subject to inspections by the Build- ing Inspector and the Zoning Administrator, and all other persons duly authorized for such purposes under the ordinance of the City of Wheat Ridge. c. Maintenance. Every sign in the City of Wheat Ridge, including but not limited to those signs for which no permits or permit fees are required, shall be maintained in good structural condition at all :times. All signs, including such exempted signs, shall be kept neatly painted, including all metal parts and supports thereof that are not galvanized or of rust resistant materials. The Zoning Admin- istrator, or Building Official, or both shall inspect and have the authority to order the painting, repair, alteration or removal of a sign which shall constitute a nuisance or hazard to safety, health, or public welfare by reason of inadequate maintenance, dilapidation, obsolesence or abandonment, or which shall constitute such a hazard for any other reason. d. Sign Declared Nuisance. The Building Official or Zoning Administrator, or either of them, may declare any sign found by them or either of them to be a nuisance or hazard to safety, health, or public welfare, by reason of inadequate maintenance, dilapidation, obsolensence or abandonment, or any other reason, to be a public nuisance. Any such declaration shall state the reasons of the Building Official or Zoning Administrator for such declaration. Any sign owned, kept, dis- played or maintained by any person, firm, or corporation within the City of Wheat Ridge, the ownership, keeping, display or maintenance of which is unlawful pursuant to the provisions of this Sign Code, is hereby declared to be a public nuisance. The Building Official or Zoning Administrator or either of them may declare any such unlawful sign to be a nuisance, and any such declaration shall state the rea- son or reasons why such sign and the keeping, owning, maintenance and display or operation thereof, are unlawful under the terms of this Sign Code. e. Abatement: The Building Official or Zoning Administrator shall serve a copy of such declaration upon the owner of the sign and the person entitled to the possession of the premises upon which the sign is located, together with a notice requiring the owner or person entitled to possession of the building or premises, within 48 hours, to commence either the required repairs or improvement or the demolition and removal of the sign declared to be a public nuisance; and -109- such repair, improvement, or demolition and removal shall be completed within thirty (30) days from the date Of notice, unless otherwise stipulated by the Building Official or Zoning Administrator. Service of such notice and declaration shall be by personal service upon the person entitled to possession, if he shall be found within the City limits; but if he shall not be found within the City limits, such service may be made upon him by registered mail or certified mail-, return receipt requested, provided that if such notice is by registered mail or certified mail, return receipt requested, the designated period within which said person is required to comply with the order of the Building Official or Zoning. Administrator shall commence three (3) days fol- lowing the day of receipt of such notice. f. If the owner of the premises shall not be the same person as the person entitled to possession of the premises, a true copy of such declaration and notice shall also be mailed to said owner by certified or registered mail at the address shown upon the tax rolls of the County. g. If the owner of the sign shall not be the-same person as the person en- titled to possession of the premises, a true copy of such declaration and notice shall also be mailed to said owner by certified or registered mail at his last known address. h. The notice given by the Zoning Administrator or Building Official shall state not only the remedial action required to be taken, but shall also state that if such action is not taken within the time limits set forth in this ordinance, the cost of demolition and removal may be assessed against the property on which the sign is located, together with an additional 5% for inspection and incidental casts and an additional 10'9 penalty for cost of collection, and collected.in the same manner as real estate taxes against the property. i. In the event that the owner of the premises, or person entitled to possession, or the owner of the sign, shall fail, neglect or refuse to comply with the notice to repair, rehabilitate or demolish the sign declared to he a nuisance, the owner of the sign, the owner of the premises upon which the sign is located, and the person entitled to possession thereof Cif other than the owner of the pre- mises), or all or any of them, may be prosecuted for violation of this ordinance; and the Building Official or Zoning Administrator may demolish and remove the sign declared to be a public nuisance. j. If it shall be necessary for the Zoning Administratoror Building Of- ficial to demolish and remove any sign pursuant to the provisions hereof, the Zoning -110- Administrator or Building Official shall certify to the City Clerk the legal des- cription of the property upon which the work was done, together with the name of the owner thereof, as shown by the tax rolls of Jefferson County, together with a statement of work performed, the date of performance and the cost thereof. k. Upon receipt of such a statement, the City Clerk shall mail a notice to the owner of said premises as shown by the tax rolls, at the address-.shown upon the tax rolls, by first class mail, postage prepaid, notifying such owner that work has been performed pursuant to this ordinance, stating the date of performance of the work, the nature of the work, and demanding payment of the cost thereof (as certified by the Zoning Administrator or Building Official), together with 5% for inspection and other incidental costs in connection therewithin. Such notice will state that if said amount be not paid within thirty (30) days of mailing the notice, it shall become as assessment upon and alien against the property of said owner, describing the same, and will be certified as an assessment against such property, together with a 10% penalty, for collection in the same manner as the real estate taxes upon the property. 1. If the Clerk shall not receive payment within the period of thirty (30) days following the mailing of such notice, the Clerk shall inform the City Council of such fact and the Council shall thereupon enact an ordinance assessing the whole cost of such work, including 5% for inspection and other incidental costs in con- nection therewith upon the lots and tracts of land from which the sign has been re- moved, and together with a 10% penalty for cost of collection. m. Following passage of such ordinance upon second reading, the Clerk shall certify the same to the County Treasurer, who shall collect the assessment, including the 10% penalty for cost of collection, in the same manner as other taxes are collected. n. Each such assessment shall be a lien against each lot or tract of land assessed, until paid, and shall have priority over all other liens except general taxes and prior special assessments. c. For all purposes hereof, the owner of the premises shall be presumed to be the owner of all signs thereon, unless the contrary shall appear from facts brought to the attention of the Zoning Administrator or Building Official. C. CONSTRUCTION OF SIGN: 1. Identification and Marking: Each sign hereafter erected or remodeled shall bear, in a permanent position thereon, a clearly legible identification plate stating the name and address of the owner of the sign, and the person, firm or corporation responsible for its construction and erection and date of erection. Electrical signs shall be marked with input amperes at full load input. -111- • • 2. Allowable Stresses, Materials, and Engineering Standards: The design.of all members shall conform to the requirements of the Building Code. Loads, both vertical and horizontal, shall not produce stresses exceeding those specified in the Building Code; and materials, construction, and structures shall be of the quality and grade required by the Building Code. All signs and structures shall be designed and constructed to meet Building Code requirements. D. FEES: The fee for all signs shall be ten (10) dollars and a courtesy bench shall be two (2) dollars. E. SIGNS NOT SUBJECT TO PERMITS: 1. Public Signs: Signs required or specifically authorized for a public pur- pose by any 1aw,'statute or ordinance; which may be of any type, number, area, height above grade, location, illumination, or animation, required by the law, statute or ordinance under which the signs are erected. 2. Occupant Signs. Signs limited in content to name of occupant, address of premises, and signs of danger or a cautionary nature which are limited to: wall and ground signs; no more than one (1) per street front; no more than two (2) square feet per sign in area; no more than ten (10) feet in height above grada;signs which may be illuminated only from a concealed light source which does not flash, blink or fluctuate; and signs which are not animated. 3. Memorial Signs: Memorial signs or tablets„ names of buildings and date of erection when cut into any masonry surface or inlayed so_as to be part of the build- ing or when constructed of bronze or other incombustible material. 4. Political Signs. A temporary sign relating to public election that does not exceed four (4) square feet in area; provided that such sign shall not be posted more than forty-five (45) days prior to the election to which the sign relates; shall be removed within fifteen (15) days after the election to which the sign relates; and shall be set back ten (10) feet from all boundary lines of the.lot, provided that a clear area be maintained to a height of seventy-two (72) inches, within fifty-five (55) feet of the intersection of two streets; a railroad and a street and a street and a driveway. These signs shall be permitted in Industrial and Commercial Districts only. 5. Holiday Decorations: Signs in the nature of decorations, clearly incidental and customary and commonly associated with any national, local or religious holiday; provided that such signs shall be displayed for a period of not more than sixty (60) consecutive days nor more than sixty (60) days in any one year; may be of any type, number, area, height,illumination or animation; and shall be set back ten (10) feet -112- from all boundary lines of the lot, provided that a clear area be maintained to a height of seventy-two (72) inches, within-fifty-five (55) feet of the intersection, of two streets; a railroad and a street and a street and a driveway. 6. Bulletin Boards:- Bulletin boards not over twenty (20) square feet in area for public, charitable or religious institutions where the same are located.on the premises of said institutions and are set back ten (10) feet from all boundary lines of the lot, provided that a clear area be maintained to a height-of seventy-two (72) inches, within fifty-five (55) feet of an intersection of two streets; a railroad and a street,, and a street and a driveway. 7. Contractor Signs: Not more than twelve (12) square feet in area naming the contractors engaged in the construction on the property where the sign is lo- cated and are set back ten (10) feet from all boundary lines of the lot, provided that a clear area be maintained to.a height of seventy-two (72) inches within fifty- five (55) feet of the intersection of two streets, a railroad and a street, and a street and a driveway. 8. Signs in the Display Window: Signs in the display window of a business use which are incorporated with a display of merchandise-.or a display relating to ser- vices offered which do not exceed four (4) square feet in area. 9. Professional: Name plate signs not more than two (2) square feet in area which are fastened directly to the building and do not project more than six (6) inches. 10. Real Estate: Signs on the offered property and not more than five (5) square feet per face for residential and twenty (20) square feet per face for commercial and industrial property which advertise the sale, rental or lease of the premises upon which said signs Bra located and are set back ten (10) feet from all boundary lines of the lot, provided that a clear area be maintained to a height of seventy- two (72) inches within fifty-five (55) feet of the intersection of two streets; a railroad and a street and a street and a driveway. 11. Signs Within Buildings: Any sign placed inside a building may be erected without a permit but subject to the safety regulations of the Building Code. 12. Home Occupation Sign: Wall or ground sign not more than two (2) square feet on a lot of a legal home occupation. F. SIGNS-NOI- PERMITTED: The following types of signs are expressly prohibited in all districts, and no permits shall be issued therefore: -113- 1. Banners, pennants, valance or advertising display constructed of cloth, canvas, fabric, plastic, or other materials. 2. Portable or wheeled advertising devices. 3. Third party signs, billboards, or poster boards. 4. Balloons or similar types of lighter than air objects. 5. Search lights. 6. Other signs: a. No person shall erect any sign except as are authorized by this section or other ordinances of the City and then only in accordance with the provisions thereof. b. No sign shall be provided in any zone district except as specified in the provisions relating to that zone as herein provided. G. PERMITTED SIGNS: The following signs are permitted in all zone districts, subject to permit: 1. Mall Signs: Signs which are not visible from any public right-of-way, do not extend over twenty (20). feet' in height, are not animated and are limited to illumination which is not visible beyond the lot boundaries. 2. Political Signs: Signs political in nature that are at least four (4) square feet in size, which are not posted more than forty-five (45) days prior to the election to which the sign relates, and are removed within fifteen (15) days after the election to which the sign relates, which are limited to: wall and ground signs; one per street front per lot; no more than thirty-two (32) square feet per face in area; no more than twelve (12) feet in height above grade, at least ten (10) feet from the lot line; and signs which are not illuminated or animated. 3. Directional Signs: Signs giving parking directions, provided that such signs are limited to: wall and ground signs; one per curb cut; no mare than two (2) square feet per face in area; no more than six (6) feet in height above grade; signs which may be illuminated from a concealed light source which does not flash, blink, Or fluctuate;-and signs which are not animated. H. SIGNS SUBJECT TO A PERMIT IN SPECIFIC ZONE DISTRICTS: The following signs may be erected and maintained in the fallowing Zone Districts upon application to and issuance by the Building Department of a permit therefor. 1. Agriculture-One, Agriculture-Two, Residential-One, Residential-One A, Resi- dential-One B, Residential-One C, Residential-Two, Residential-Two A, Residential- Three, Residential-Three A., Hospital-One and Hospital-Two. Zone categories. -114- w _ x{98 ~ ~~r a. General: Signs may be erected, altered and maintained only for and by use-by-right in the District in which the signs are located and shall be located on the same lot as the use-by-right and shall be clearly incidental and customary and commonly associated with the operation of the use-by-right; provided, however, that no sign of any type shall be erected or maintained for or by a single unit dwelling, duplex or multiplex, except signs permitted in all Districts. b. Permitted Contents: Identification by letter, numeral, symbol or de- sign of the use-by-right, by name, use, hours of operation, services offered and events. c. Permitted Sign Types: Wall, window, and ground. d. Permitted Maximum Number: One sign for each front line of the lot on which the use-by-right is located. e. Permitted Maximum Sign Area: Twenty (20) square feet or in lieu there- of, two (2) square feet of sign area for each one thousand (1,000) square feet of lot area=:not, however, to exceed ninety-six (96) square feet of total sign area for each lot, provided that no one sign shall exceed thirty-two (32) square feet. f. Permitted Maximum Height Above Grade: (1) Wall and Window Signs - 20 feet (2) Ground Signs - 12 feet g. Permitted Location: (1) Wall and Window Signs: Shall be Bet back from the boundary lines of the lot on which it is located, the same distance as the building containing a use-by-right provided, however, wall signs may project eighteen (18) inches. (2) Ground Sign: Ten (10) feet from any boundary line of the lot, provided that a clear area be maintained to a height of seventy-two (72) inches, within fifty-five (55) feet of the intersection of two streets; a railroad right- of-way and a street or a driveway and a street. h. Permitted Illumination: May be illuminated but only from a concealed light source and shall not flash, blink or fluctuate, nor shall red, green, or yel- low lights be allowed within fifty-five (55) feet of the intersection of two streets. i. Animation: Shall not have moving, rotating or otherwise animated parts. J. Temporary Signs: Subject to the conditions hereinafter set forth, upon application to and issuance by the Building Department, of a permit therefor, signs identifying or advertising new construction, remodeling, rebuilding, development, sale, lease or rental of a designated structure or land area for use-by-right, per- mitted on the same lot, each such permit shall be valid for a period of not more -115- f -7B' - than twelve (12) calendar months and shall not be renewed for more than two (2) successive periods at the same location. (1) Permitted Sign Types of Temporary Signs: 'Wall and ground. (2) Permitted Maximum Number_ of Temporary Signs: One sign for each lot. (3) Permitted Sign Area of Temporary Signs: Twenty (20) square feet or two (2) square feet of sign area for each acre of lot not to exceed two hundred (200) square feet. (4) Permitted Maximum Height Above Grade of Temporary Signs: Twelve (12) feet. (5) Permitted Location of Temporary Signs: Shall be set back ten (10) feet from all boundary lines of the lot, provided that a clear area be maintained to a height of seventy-two (72) inches within fifty-five (55) feet of the inter- section of two streets; a railroad right-of-way and a_street or driveway and a street. (6) Permitted Illumination of Temporary Signs: May be illuminated but only from a concealed light source; shall not remain illuminated between the hours of 10:00 P.M. and 6:00 A.M. and_shall not flash, blink or fluctuate. (7) Animation of Temporary Signs: Shall not have moving, rotating or otherwise animated parts. 2. Mobile Home - Recreational Coach, Restricted-Commercial One and Restricted Commercial Districts: a. General: Signs may be erected, altered and maintained only for and by use-by-right in the District in which the signs are located; shall be located on the same lot as the use-by-right and shall be clearly incidental and customary and commonly associated with the operation of the use-by-right, provided, however, that no sign of any type shall be erected or maintained for or by a single unit dwelling, duplex, or multiplex, except signs permitted in all districts. b. Permitted Contents: Identification by letter, numeral, symbol, or de- sign of the use-by-right by name, use, hours of operations, services offered and events. c. Permitted Sign Types: Wall, window, and ground. d. Permitted Maximum Number: One wall or window and one ground sign for each front line of the lot on which the use-by-right is located. e. Permitted Maximum Sign Area: -116- 9 7~,,y (1) Dwelling Units: Twenty (20) square feet or in lieu thereof, two (2) square feet of sign area for each one thousand (1,000) square feet of lot area not, however, to exceed ninety-six (96) square feet of total sign area for each lot, provided that no one sign shall exceed thirty-two (32) square feet. (2) All Other Uses-By-Right: Twenty (20) square feet or in lieu there- of, the total permitted sign area of each use shall be determined by the following provisions, provided, however, that no one sign shall exceed ninety-six (96) square feet nor shall the total sign area of any use exceed one hundred ninety-two (192) square feet. (a) One (1) square foot of sign area for each linear foot of front- age of that portion of the building occupied by the first floor use for the first fifty (50) feet of building frontage; then one-half (Ya) square foot of sign area for each linear foot of building frontage thereafter. f. Permitted Maximum Height Above Grade: (1) Wall and Window Signs: Twenty-five (25) feet. (2) Ground Signs: Twenty (20) feet. g. Permitted Location: (1) Wall and Window Signs: Shall be set back from the boundary lines of the lot on which it is located the same distance as a structure containing a use- by-right, provided, however, that signs may project eighteen (18) inches. (2) Ground Signs: Ten (10) feet from any boundary line of the lot; provided that a clear area be maintained to a height of seventy-two (72)---inches within fifty-five (55) feet of the intersection of two streets; a railroad right- of-way and a street or a driveway and a street. h. Permitted Illumination: May be illuminated, but only from a concealed light source, and shall not flash, blink, or fluctuate, nor shall red, green, or yel- low light be allowed within fifty-five (55) feet of the intersection of two streets. i. Animation: Shall not have moving, rotating or otherwise animated parts. J. Temporary Signs: Subject to the conditions hereinafter set forth, upon application to and issuance by the Building Department, of a permit therefor, signs identifying or advertising new construction, remodeling, rebuilding, development, sale, lease or rental of a designated structure or land area for use-by-right per- mitted on the same lot, each such permit shall be valid for a period of not more than twelve (12) calendar months and shall not be renewed for more than two (2) successive periods at the same location. (1) Permitted Sign Types of Temporary Signs: Wall and ground. (2) Permitted Maximum Number of Temporary Signs: One sign for each lot. -117- (3) Permitted or two (2) square feet- of. (200) square feet.° (4) Permitted (12) feet. Sign Area of Temporary-Signs: Twenty (20) square feet sign area for-aach_scre_of lot not to exceed two`,_hundred Maximum Height Above Grade of Temporary Signs: Twelve (5) Permitted Location of Temporary Signs: _ Shall be set back ten (.10) feet-from all boundary lines of the lot-, provided that a clear area be maintained to a height-of seventy-two (72) inches, within fifty-five (55) feet of the inter- section of two streets; a railroad-right-of-way and a street-or a driveway and a street. (6) Permitted Illumination of Temporary Signs: May be illuminated but - only from a concealed light source; shall not remain illuminated between the hours of 10:00 P.M. and 6:00 A.M. (7) Animation of Temporary Signs:- Shall not have moving, rotating or otherwise animated parts. 3. Commercial-One, Commercial-Two and Industrial Districts: a. General: - Signs may be ere-sled, altered and maintained only for and by a use-by-right in the District in which the signs are located; shall be located on the same lot- as the use.-by-right.and shall.he clearly.incidental_and.customary and. commonly associated with the operation of the use=by-right-provided, however, that no sign ofany type shall be erected for or maintained by a_single.unit dwelling, duplex or multiplex, except signs permitted in all districts. b. Permitted Contents: Identification by letter, numeral, symbol or de- sign-of the use-by-right by name, use, hours of operation, services and products offered, events andprices of products and services. c. Permitted Sign Types: Wall, window, ground, perpendicular wall, and time and/or-temperature devices. d. Permitted Maximum Number: Five (5) for each use-by-right of which a maximum of two (2) may be placed along any street frontage.. - - - e. Permitted Maximum Sign Area: All Uses=by-Right: Forty-(40) square feet or in lieu thereof, the total permitted sign area of each use may be determined by one or the other of the_follow- ing provisions-provided, however, that no sign shall exceed two hundred (200) square feet in size nor shall the total sign area of.any use exceed five hundred (500) square feet. (1) One (1) square foot of sign area for Each linear foot of that porn' tion of the building frontage occupied by the first floor use, for the first one hundred -118- - (100) feet of frontage, then one-half (Y21 square foot of sign area for-each linear _ foot of building frontage thereafter. (2) For a lot having but ons use, one (1) square foot of-sign area for each three (3) linear feet of.Street.frontage provided, however, that in com- puting the area of such signs -nq-more than two street fronts, one contiguous with the other shall be used, nor shall frontage along vacant and undeveloped land be considered. - - f. Permitted Maximum Height Above Grade: (1) Wall, perpendicular wall, window, and ground signs twenty-five (25) feet. g. Permitted Location: (1) Wall, perpendicular wall- and window sign a- shall, be Set back- from the boundary lines of the lot on which it is located, the same distance as a_Struc- ture containing a use-by-right, provided, however, perpendicularwall signs may extend from the face of the building three (3) feet-but not beyond the required setback for signs. (2) Ground Sign: Shall be set back ten (10) feet from the boundary lines of the lot on which it is located, provided that a clear area be-maintained to a height of-seventy-two (72) inches, within fifty-five (55) feet-of the inter- section of two streets; a railroad right-of-,way and a street or a driveway and a street. h. Permitted Illumination:. May be illuminated but shall-not flash, blink or fluctuate, nor shall red, green or yellow light be allowedwithin fifty-five 55 -feet of the.intersection of two streets i. Animation: Shall not have moving, rotating or otherwise animated parts. J. Temporary Signs: Subject to the conditions hereinafter set forth, upon application-to-and issuance by the Building Department of=a permit, therefore, signs identifying or advertising new construction, remodeling, rebuilding, development, sale, lease or rental of a designated structure or land area for a use-by7right per= mitted on the same lot, each such permit shall be.valid-for a period of not more than. twelve (12) calendar months and shall not be renewed for more than two .(2)- successive periods at the same location. (1)' Permitted Sign Types of Temporary Signs' Wall, window and.ground._ (2) -Permitted Maximum Number of Temporary Signs: One sign for each front line of the lot. - (3) Permitted,.5ign..Area cf.Temporary Signs: Thirty-two (321 square_ feet for each_fr-ont..lin_a of the._]ota__or four_.(4).square feet of-sign area for each acre of loth not to exceed two hundred -C2OO) square feet. -119- (4) Permitted Maximum Height Above Grade of Temporary Signs: Twenty (20) feet. (5) Permitted Location of Temporary Signs: Shall be set back ten (10) feet-from all boundary lines of the lot provided that a clear area be maintained to a height of seventy-two (72) inches, within fifty-five (55) feet of the intersec- tion of two streets; a railroad right-of-way and a street or driveway and a street. (6) Permitted Illumination of Temporary Signs: May be illuminated but only from a concealed light source; shall not remain illuminated between the hours of 10:00 P.M. and 6:00 A.M. (7) Animation of Temporary Signs: Shall not have moving, rotating or otherwise animated parts. I. COURTESY BENCHES: No courtesy bench shall be installed or maintained by any person, firm or cor- poration except upon the consent of the adjacent property owner and a permit obtained from a duly authorized Inspector. 1. Application for Permits: An application for a permit shall be submitted to the Inspector disclosing the name of the applicant, the location 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 hereinafter provided. 2. Fees - Nature of Permits: Each application for a permit shall be accompanied by a fee of two (2) dollars for each courtesy bench except that if the application is filed on or after October 1, in any year, the fee shall be one (1) dollar 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. 3. Issuance of Permits: If the Inspector shall find that the applicant has com- plied with all 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 per- sons traveling on the public way in the vicinity thereof, he shall issue a permit; otherwise said application shall be denied. 4. 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: a. Violation by permittee of any of the provisions of this article. b. For any fraud or misrepresentation made by the permittee in the appli- cation. -120- c. For failure by the permittee or applicant to maintain in full force and effect the necessary indemnity bond or evidence of public liability insurance as required by this article. d. 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. 5. 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 re- ceipt of notice of revocation. 6. Location and Maintenance of Benches - Specifications: The permittee shall cause any courtesy bench to conform to the following requirements: a. No bench shall carry any political advertising or cigarettes, beer or intoxicating liquor; nor shall any wording or sign on such bench display any word- ing which might mislead or distract traffic. b. No bench shall be more than forty-two (42) inches in height and two feet six inches (216") wide and not more than seven (7) feet in length. Benches shall be uniform in appearance throughout the City and the Planning Director is empowered to make and enforce rules and regulations to accomplish this purpose. c. 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. d. 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 unless the :inspector in his approval of the application, finds that to maintain a bench as such 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 re- spect 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. e. Advertising shall be displayed only on the front and rear surfaces of the back rest. 7. Indemnity to City and Public by Permittee: Before a permit for a courtesy bench shall be issued, the applicant shall post or maintain with the City a bond or policy of insurance (Public Liability) approved by the City and conditioned sub- stantially as follows: That the permittee will idemnify and save harmless the City -121- of Wheat 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. of such permit, for the installation and maintenance of each 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 permittee at his or its expenseat all times during-the period for which the permit is in effect. In the event that two (Z) 'Or more permits are-issuad to One permittee; one-such bond or policy shall be the type where coverage shall automatically be restored after the o=lrregce of any accident or loss from which liability may thereafter occur. The limit of liability upon any bond 'or policy so postedshall in no case be less than fifteen thousand ($15,000_.00) dollars for death or injury of one person, five thousand ($5,000.00) dollars 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.-Trom.the: installation and maintenance of any courtesy bench as herein provided. 8. 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-wi_thin the City. J. NON-CONFORMING SIGNS: The right to keep, own, maintain, or display any sign prohibited by the terms of this sign code within the City of Wheat Ridge as`a-lagal non-conforming, use shall cease and terminate in accordance with the following amortization schedule. 1. All temporary and portable signs expressly prohibited or not allowed by this code shall be brought into conformity or removed within thirty (30) days of the effective date of this ordinance. 2. All fleshing, moving, rotating or animated parts of existing signs-shall,be brought into conformityor removed within six-(6).months of=the effective date of this ordinance. 3. All billboards shall be removed or brought into conformity-by_January 1, 1976:- 4._ All other signs in violation of the.-terms and provisions of this sign code shall be removed or brought into conformity by January 1, 1976. -122= k t v 5. The Board of Adjustment may stay any part of this amortization schedule for a period, not to exceed six (6) months, if the applicant for such a stay shall show a genuine and substantial attempt to comply with the provisions of this ordinance. 6. Any person, firm, or corporation owning or maintaining a non-conforming sign in a newly annexed area shall remove the same or bring the same into conformity with this sign code within a period equivalent to the2 time allowed by the within amor- tization schedule after the effective date of this ordinance to bring comparable or similar non-conforming signs into conformity or to remove the same, such time period to commence with the effective data of the annexation ordinance. 7. One wall sign may be erected on a structure not conforming to its required setback standards and shall be considered a legal use and shall be in compliance With regulations of this section. 8. Termination of Non-Conforming Signs; a. By Abandonment: Abandonment of a non-conforming sign shall terminate immediately the right to maintain such sign. b. By Violation of the Ordinance: Any violation of this ordinance shall terminate immediately the right to maintain a non-conforming sign. c. By Destruction, Damage or Obsolesence: The right to maintain any non- conforming sign shall terminate and shall cease to exist whenever the sign is dam- aged or destroyed, except through vandalism, from any cause whatsoever, or becomes obsolete or substandard under any applicable ordinance of the municipality to the extent that the sign becomes a hazard or a danger. K. SIGN AREA MEASUREMENT: 1. Area to be Measured: The area of a sign shall be measured in conformance with the regulations as herein set forth; provided that the structure or bracing of a sign shall be omitted from measurement unless such structure or bracing is made a part of the message or face of the sign. Where there are not more than two (2) faces of a ground sign and where the faces are back to back, parallel or at less than a ninety (90) degree angle, the total area of the largest face shall determine the.area of the sign. 2. Sign with Backing: The area of all signs with backing or a background, ma- terial or otherwise, that is.part of the overall sign display shall be measured by determining the sum of the areas of such square, rectangle, triangle, portion of a circle or any combination thereof, which creates the smallest single continuous -123- perimeter enclosing the extreme limits of the display surface or face of the sign, including all frames, backing, face plates, non-structural trim or other component parts not otherwise used for support. 3. Signs Without Backing: The area of all signs without backing or a back- ground, material or otherwise, that is part of the overall sign display shall be measured by determining the sum of the areas of each square, rectangle, triangle, portion of a circle, or any combination thereof, which creates the extreme limits of each word, written representation (including any series of letters), emblems or figures of similar character, including all frames, face plates, non-structural trim or other component parts not otherwise used for support. 4. All Other Signs or Combinations Thereof: The area of any sign having parts both with and without backing shall be measured by determining the total area of all squares, rectangles, triangles, portions of a circle, or any combination there- of constituting the smallest single continuous perimeter enclosing the extreme lim- its of either of the following combinations: The display surface or face of the sign, including all frames, backing, face plates, non-structural trim or other com- ponent parts not otherwise used for support for parts of the sign that have backing and each word, written representation (including any series of letters), emblems or figures of similar character, including all frames, face plates, non-structural trim or other component parts not otherwise used for support for parts of the sign having no backing. L. ILLEGAL SIGNS: SIGN CODE GOVERNS IN THE EVENT OF CONFLICT: It shall be unlawful for any person, firm, or corporation to erect,. construct, enlarge, alter, repair, move, improve, cmrmsrt,, maintain, own or display any sign prohibited by the terms of this ordinance, within the City of Wheat Ridge, and the terms and provisions of this Sign Code shall prevail in the event of any conflict between the provisions hereof and any ordinance of this City heretofore enacted or in the event of any conflict between the provisions hereof and any other provisions of the Zoning Ordinance of the City of Wheat Ridge other than this Sign Code. M. SEVERABILITY AND TRANSITION OF SIGN CODE: If for any reason any one or more sections, sentences, clauses or parts of the Sign Code are held invalid, such judgement shall not affect, impair or invalidate the remaining provisions of this Sign Code, but shall be confined in its operations to the specific sections, sentences clauses or parts of this ordinance held invalid and the invalidity of any section, sentence, clause or part of this ordinance or in any one or more instances shall not affect Or prejudice in any way the validity of this Sign Code in any other instance. -124- All offenses committed and all liabilities incurred prior to the effective date of this ordinance shall he treated as though all prior applicable ordinances and amendments thereto were in full force and effect for the purpose of sustaining any proper suit, action or prosecution with respect to such offenses and liabilities. Nothing herein contained shall be taken to authorize- or to make lawful or to per- mit a period of amortization for any non-conforming sign or billboard or device which was not a legal non-conforming use prior to the effective date hereof. N. REMEDIES NOT EXCLUSIVE: In the event that any sign shall be declared a public nuisance by the Building Inspector of Zoning Administrator, the City Attorney is hereby authorized on behalf of the City to bring action to abate and enjoin any such nuisance, and for damages, and for the cost of abatement, in addition to any other remedies which may be sought under this ordinance. No charge or conviction of violation of this ordinance, or action or remedy exercised hereunder, shall he exclusive, and none shall preclude the bringing of any charges of violation, or the exercise of any other remedy here- under. 0. DEFINITIONS: 1. Animated Sign: Any sign which changes, or any part of which changes, phys- ical position by any movement or rotation. 2. Billboard: A sign advertising a business, product or service not available on the premises. 3. Building Code: The Building Code of the City of Wheat Ridge as adopted by Ordinance No. 84 of 1971, as amended. 4. Building Front: One exterior wall of a building facing.a front line of a lot, or one exterior wall containing the primary entrance to the building. 5. Building Official: The Building Official as defined in the Building Code of the City of Wheat Ridge. 6. Courtesy Bench: Any bench or seat placed for the convenience of the public and containing advertising matter. 7. Directional Sign: Any sign that directs the movement or placement of pedes- trian or vehicular traffic on a lot without reference to, or inclusion of, the name of a product sold or services performed on the-lot or in a building, structure, or business enterprise occupying the same. 8. Display Surface: The display surface is the area made available by the sign structure for the purpose of displaying the advertising message, or which is intended to-draw attention to the advertising message by internal lighting. -125- 9. Flashing Signs: Any directly or indirectly illuminated sign either sta- tionary or animated, which exhibits changing natural or artificial light or color effects by any means whatsoever. 10. Grade:. The average elevation of the ground at the common boundary line of the Street and the property or sidewalk and property line, not including common boundary lines with freeways. 11. Ground Sign: A sign supported by poles, uprights or braces extending from the ground but not attached to any part of the building. 12. Illuminated Sign: A sign lighted by or exposed to artificial lighting either by-lights on the sign or directed towards the sign. 13. Lot: A tract, building site, parcel or portion of land separated from other parcels or portions by description as on a subdivision or record of survey map or by metes and bounds, for the purpose of sale, lease or separate use. 14. Perpendicular Wall Sign: A sign which extends from the face of the building to a point not more than three (3) feet from the face of the building but in no case does it extend into the required set back space for signs. 15. Projecting Sign: A sign other than a wall sign which projects from a wall or roof and is supported by a wall or roof of a building. 16. Roof Line: The highest point on any building where an exterior wall en- closes usable floor area including roof area provided for housing mechanical equip- ment. 17. Roof Sign: Roof sign shall mean a sign erected above the roof or parapet of the building or structure. 18. Sign: Any object or device or part thereof, situated outdoors or indoors and which object or device or effect produced is used to advertise, announce, identify, declare, demonstrate, display, instruct,!direct, or attract attention by any-:means including words, letters, figures, designs, fixtures, colors, motion, illumination, sound, and projecting images. 19. Sign Permit: A building permit issued for the erection, construction, en- largement, alteration, repair, moving, improvement, removal, conversion, or demo- lition of any sign, issued pursuant to the Building Code of the City of Wheat Ridge. 20. Sign with Backing; Any sign that is displayed upon, against, or through any material for color surface or backing that forms an integral part of such dis- play and differentiates the total display from the background against which it is placed. -126- 21 Sign without Backing: Any word, letter, emblem, insignia, figure or similar character or group thereof, that is neither backed by, incorporated in or otherwise made part of any larger display area. 22. Sign Structure: Sign structure shall mean any supports, uprights, braces and framework of the sign which does not include any portion of the sign message. 23. Temporary Sign: Temporary sign shall include any sign, banner, pennant, valance or advertising display constructed of cloth, canvas, fabric, plywood, plas- tic or other light material, with or without frames, which is not secured to a fixed supporting structure. 24. Time and/or Temperature Devices: Signs consisting of devices which provide time or temperature information which are limited to: Wall, window and ground signs; one (1) per lot; no more than eight (8) square feet in area; a height of no greater than twenty-five (25) feet above grade; may be illuminated and animated only to the extent necessary to display the correct time and temperature; shall not flash, blink or rotate. 25. Wall Sign: A sign attached to, painted on, or erected against a wall or parapet wall of a building or structure which extends no more than eighteen (18) inches from the wall surface upon which it is attached and whose display surface is parallel to the face of the building. -127- • SECTION TWENTY SEVEN: REGULATIONS APPLICABLE TO ALL DISTRICTS A. No above ground storage of flammable liquids or gases in excess of two thousand (2,000) gallons shall be permitted in any district other then the Industrial Dis- trict unless approved by the Planning Commission. S. Every building or structure hereafter erectdd within the City of Wheat Ridge shall be located on a lot, as defined herein, and in no instance shall there be more than one main building on one lot except as permitted under Planned Residential Development, Planned Commercial Development, or the Industrial District. C. Cluster Subdivision: 1. Definition: A Cluster Subdivision is a subdivision of land in which the areas and widths of residential lots are reduced below the minimum lot area and lot width requirements of the Zoning District in which the subdivision is located and where common open space areas are provided to compensate for such lot reduction. 2. Permitted Uses: A Cluster Subdivision shall be permitted use in the Resi- dential-One, Residential-One A, Residential-One B, Residential-one C, Residential- Two, Residential~Two A, Residential-Three and Residential-Three A districts and not- withstanding any other provision of this ordinance, the provisions as hereinbefore set forth shall be applicable if any conflict exists. 3. Cluster Subdivisions are intended to allow flexibility in subdivision lot deisgn by permitting the development of homes on lots smaller than normally required for the Zoning District in which the subdivision is located and by dedicating or reserving land so saved to needed open space. It is not intended that this type be universally appliedbut only where circumstances of natural features and land use make it appropriate and of special benefit to the residents of the subdivision and surrounding area. 4. General Regulations: Where land is proposed for subdivision into lots and a subdivider dedicates for recreational use or open space a reduction in the minimum lot area and the lot width required for the Zoning District in which the Cluster Subdivision is located, may be approved by the Planning Commission, provided the provisions of this section are met and provided the Cluster Subdivision receives subdivision approval. 5. Lot Arse Regulations: The minimum lot area for dwellings may be reduced below the area normally required in the Zoning District in which the Cluster Sub- division is located, but no lot shall be reduced in excess of twenty (20) percent of the minimum lot area required for such dwelling or structure in such District. -128- 6. Width, Yard and Height._Regulations:_ Yard, yard use,., and height regulations shall be the- same ae for the district in- , which the Cluster Subdivision -is located., The minimum lot width and sideyard may be reduced below the width and side yard normally required-in the district_in which the Cluster Subdivision is I=ated,E but no lot shall have a width cr side,yard reduction_in excess of twenty (20,) percent of-the minimum lotwidth or:side -yard required in the applicable Zoning District. _ 7. Open-Space Substitution: There shall be permanently reserved-within the. subdivision.for recreational•an4/or open__space parcels'of land whose total area-is not less than the amount-.by which-the areas of the residentiallots are reduced-be- low_the_minimum -area- normally=required in the honing District in which the Cluster Subdivision is located. S. Open Space Preservatien.an-d Maintenance: Recreation and/or open space areas-- to.be permanently reserved shall-.be improved, landscaped and maintained in accordance with plans approved by the Planning Commission and Parks and Recreation Commission or by their designated representatives. -Such appeal shall be made prior to the Cluster Subdivision becoming a_permitted use in the Zoning District in-which-it is proposed. D. No building permit or Certificate of Occupancy shall be issued or approved for any structure.not_adjacent_to a full width dedicated street as required in the Sub-_ divisionRegulations of the City of Wheat Ridge or in a situation where such re- quirement cannot be met, a_dedicated public street, as required.by the City of Wheat Ridge Planning Department and Public Works Department. Where such requirement cannot be met, on;eesement.(s)_pr private roadway, or"as'permitted elsewhere-in this Ordinance. - - E. -If fifty (50) percent or more-of the main building within a. built-up area in any residential district have =2-than the required front yard, each new main building-shall have a front yard not Tess 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) feet shall bEp.deemed to be fifty-(5p)-feet For the purposes of this regu3ation, an area shall be deemed "built-up„ if fifty (50) percent or more of the lots within, two hundred (200) feet on-each side lot line of any particular lot have been-improved with buildings. F. --No lot line shall hereafter be amended or changed. in any manner for the purpose of altering any of the required areas or.-distances required for any „use. -129- i i SECTION TWENTY EIGHT: DEFINITIONS 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. Cul-de-sac: A non-thru or dead-end local street with special features (bulb) for the turning around of vehicles. 5. Cul-de-sac Lot: A parcel of land that is designed to be occupied by a main building and accessory buildings, which attaches to the turn circle (bulb) of a dead-end street. 6. Cul-de-sac 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 frontage of standard lots within any given zone district. How- ever, lots fronting on cul-de-sacs (bulbs) will be excluded from meeting the "front yard" width requirements of the City of Wheat Ridge Zoning Ordinance. 7. Dwelling - One Family: A building designed for occupancy by not more than one (1) family. 8. Dwelling - Two Family: A building designed for occupancy by two (2) families living in separate apartments as tenants from month to month or for a term longer than-one (1) month. 9. 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. 10. Family: One or more persons related by blood, marriage, or adoption plus domestic servants employed for service on the premises, ar a group of not more then three (3) persons who need not be so related living together as a single housekeeping unit. -130- 11. Farming: The cultivation of land, including ranching or raising of live- stock only, unless otherwise herein specifically provided. 12. Fr-eeway: A state highway designated, in the manner provided by law, as a freeway. 13. Garage - Private: An accessory building or an accessory portion of a main building, designed for the shelter or storage of motor vehicles owned or operated by the occupants of the main building only. 14. Garage - Public: A garage, other than a private garage, used for the hous- ing or care of motor vehicles, or where such vehicles are equipped for operation, repaired or kept for remuneration, hire or sale. 15. 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 construc- ted and designated as a state highway in the future. 16. Home Occupation: The use of a portion of a dwelling as an office, studio, or work room for occupations whiph are customarily conducted in the home and are incidental to the primary use as a home or residence, provided, additionally, that: (1) the occupation is limited to members of the family who reside on the premises, and in the event the-operator has a substantial physical handicap, a non-resident to assist the operator in his work to the extent he requires it to make up for his physical handicap. (2) That the occupation shall not use any accessory building, yard or any space outzide of the main building not normally__associated with resi- dential use. 17. Household Pets: Animals or fowl ordinarily permitted in the house and kept for company or pleasure, such as dogs, cats and canaries, but not including a suf- ficient number of dogs to constitute a kennel, as defined in this section. 18. Inspector: The Chief Building Inspector of the City of Wheat Ridge, his deputies and authorized representatives. 19. Junk: Scrpp 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 of any type, used tools, used appliances, 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 automobiles 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. -131- 20. Junk Yard: An open area where any waste, junk, used or second hand mater- ials 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 bottles. A "junk yard" also includes an autowrecking yard of the storage or keeping of one (1) or more inoperative motor vehicles, (except where otherwise specifically permitted), but does not include uses established entirely within en- closed buildings. 21. 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. 22. Laboratory: A building or a portion of a building devoted to the basic or applied study in science, or the testing and analysis of chemicals, drugs, explo- sives, minerals, etc. 23. Laboratory - Medical or Dental: A building or portion of a building de- voted to the use of providing bacteriological, biological, medical, x-ray, path- ological 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. 24. Livestock: Domestic animals of types customarily raised or kept on farms or ranches for profit or other productive purposes. 25. Lot: A parcel of land occupied or designed to be occupied by a main build- ing 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 on a duly recorded plat. 26. Lot - Corner: A lot of which at least two (2) adjacent sides abut for their full length upon a street. 27. Lot - Interior: A lot other than a corner lot. 28. Lot - Through: An interior lot abutting on more than one (1) street or corner lot abutting on more than two (2) streets. 29. 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 through lot) and that street toward which the principal or usual en- trance to the main building situate on such lot more nearly faces or the common boundary line between a through lot and any adjacent street ❑r, where lot is not on a public street, the common boundary line between an adjacent lot and the lot line toward which the prinicpal or usual entrance to the main building situate on such lot most nearly faces. -132- • 30. 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. 31. Lot Line - Side: Any boundary line of a lot, other than a front lot line or rear lot line. 32. Mobile Home: A moveable living unit designed to be transportable after a fabrication on its own wheels, attached wheels, or low boy, suitable for year- round occupancy and containing a flush toilet, sleeping accommodation, a tub or shower bath, kitchen facilities, plumbing and electrical connections provided for attachment to appropriate external systems. Presectionalized, modular or prefebed housing not placed on a permanent foundation shall be regarded as a mobile home whether or not such units meet the City's building and housing codes. A Mobile home as above defined in the preceding paragraph which meets the City's building code and which is placed on a permanent foundation is not controlled by the Mobile Home - Recreational Coach District, but is controlled by other applicable ordinances the same as dwelling units constructed in the conventional manner. 33. Mobile Home - Recreational Coach Awning: Any shade structure of approved material installed, erected or used adjoining or adjacent to a mobile home, and which is completely open on at least two (2) Bides. A side may be interpreted to be an "end". 34. Mobile Home Lot: A plot of ground within a mobile home park designed for the accommodation of one (1) mobile home. 35. Mobile Home Park: A parcel of land which has been planned and improved for the placement of mobile homes for residential use. May be designated together with recreational coach park as "Park". 36. Mobile Home - Recreational Coach Park Permit:. A written permit issued by the Building Inspector permitting the construction, alteration and extension of a mobile home park under the provisions of this ordinance and regulations issued here- under. 37. Mobile Home - Recreational Coach Park License: A written license issued by the City Clerk and approved by the Chief Building Inspector allowing a person to operate and maintain a mobile home park or recreational coach park under the pro- visions of this ordinance and regulations issued hereunder. 38. Mobile Home-Service Building: A substantial permanent building providing toilet facilities for men and women, laundry facilities, and/or other facilities for use in common by the occupants of mobile home and/or recreational coach parks. -133- 39. Mobile Home Stand: That part of an individual lot which has been reserved for the placement of the mobile home, appurtenant structures or addition. 40. Person: Any individual, firm, trust, partnership, public or private asso- ciation or corporation. 41. Parch - Unenclosed: A porch which is open to the atmosphere on at least two (2) sides. 42. Recreational Coach: A vehicle such as a recreational trailer, tent camper trailer, truck camper, travel trailer, camp car, other vehicle with or without motive power, designed and/or constructed to travel on the public thoroughfare, designed for use of human habitation. 43. Recreational Coach Park: Any area or tract of-land or a separate designated section within a mobile home park where lots are rented or held out for rent to one or more owners or users of recreational coaches for a temporary time not to exceed two (2) weeks. 44. Recreational Coach Space: A plot of ground within a mobile home park desig- nated and intended for the accommodation of one (1) recreational coach. 45. Setback Line - Front: A line parallel with a front lot line of a lot, tan- gent to that part of a building situated on such lot (other than an open fire escape or stairway, a chimney or a one-story unenclosed parch) which is closest to such lot line and intersecting two (2) other lot lines of such lot. 46. Setback Line - Front Cut-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 as required from the right-of-way line of the remainder of the cul-de-sac. On cul-de-sac lots, the Board of Adjustment may not issue a variance on the land be- tween the cul-de-sac front setback line and the cul-de-sac right-of-way line depicted. 47. Setback Line - Rear: A line parallel-with a rear lot line of a lot, tangent to that part of a building situated on such lot which is closest to such rear lot line and intersecting two (2) otherT_lot lines of such lot. 48. Setback Line - Side: A line parallel with a side lot line of a lot, tangent to that part of a building situated on such lot which is closest to such side lot line and intersecting two (2) other lot lines of such lat. 49. Story: A story shall constitute a height of ten (10) feet. 50. Street: A dedicated public thoroughfare for vehicular traffic in accord- ance with the requirements as set forth in the Subdivision Regulations of the City of Wheat Ridge. -134- 51. Structure: Anything constructed or erected, the use of which requires a more of 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. 52. -Structural Alterations: Any change in the supporting members of a building such as bearing walls, columns, beams or girders, floor joists or roof joists. 53. Tavern: Any establishment selling by the drink, fermented malt beverages, or malt, vinous or spirituous liquors, as defined by Sections 1 and 2 of Chapter 75, Colorado Revised Statutes, 1963 as amended. 54. Vehicle Travel Lane: All roads, driveways, and parking areas within a mobile home and/or recreational coach park. 55. 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 en- closed within the main building. 56. 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 be only incidental to such hospital use. All uses shall be enclosed within a soundproof building which emits no objectionable odor. 57. Width of Lot: The shortest distance between any two (2) lot lines of a lot which are intersected by the same minimum front setback line, measured from either of such points of intersection. 58. Yard: An open space on the same lot with a building, unoccupied and unob- structed from the ground upward except as otherwise provided herein. 59. Yard - Front: That portion of a lot lying between a public street and near- est parallel front setback line of such lot. 60. Yard - Rear: That portion of a lot lying between the rear lot line and the rear setback line of such lot. 61. Yard - Side: That portion of a lot lying between a side lot line and the nearest parallel side setback line of such lot. 62. Zoning Administrator: The Chief Building Inspector shall be designated "Zoning Administrator" also known as "Chief Enforcement Officer" within the City. B. 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. -135- SECTION TWENTY NINE: CHANGES AND AMENDMENTS 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 classification 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, City Council or in a court of record for one (1) year thereafter. The time limitation 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 THIRTY: 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 (100) dollars shall accompany each application except as otherwise specified in a district. SECTION THIRTY ONE: INTERPRETATION OF ORDINANCE 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 general welfare. It is not intended by this ordinance to interfere with or abrogate or annul any easements, covenants, or agree- ments between parties, provided, however, that wherever this 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 agree- ments between parties, the provisions of this ordinance shall govern. -136- SECTION THIRTY TWO: 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 three hundred (300) dollars or imprisoned not more than ninety (90) days or both. Each and every day during which the violation continues shell 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 institute in- junction proceedings to halt such violation. SECTION THIRTY THREE: 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 there- of, other than the part so declared to be invalid. SECTION THIRTY FOUR: APPLICATION OF ORDINANCE This ordinance shall apply throughout the municipality of Wheat Ridge. SECTION THIRTY FIVE: EFFECT OF ORDINANCE If any part or parts of this ordinance are for or unconstitutional, such decision shall not effect ality of the remaining portions of this ordinance. clares that it would have passed this ordinance and irrespective of the fact that any one part or parts stitutional. any reason held to be invalid the validity or constitution- The City Council hereby de- each part or parts thereof, be declared invalid or uncon- SECTION THIRTY SIX: SHORT TITLE This ordinance may be known and cited as the Wheat Ridge Zoning Ordinance. -137- SECTION THIRTY SEVEN: EFFECTIVE DATE This ordinance shall take. effect and be in force five (5) days after publication following final passage providing it shall have been passed by an affirmative vote of three-forths (3/4) of the members of the City Council, otherwise, said ordinance shall take effect and be in force thirty (30) days after publication following final passage. INTRODUCED, READ, ADOPTED AND ORDERED PUBLISHED AND POSTED on first reading by a vote of 4 to 1 this 16th day of December A. D. 1971. READ, ADOPTED AND ORDERED PUBLISHED AND POSTED on second and final reading by a vote of 6 to 0 this 2nd day of March A. D. 1972. Albert E: Anderson Mayor ATTEST: r Louise F. Turner, City Clerk -138-