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HomeMy WebLinkAboutOrdinance-1979-0309INTRODUCED BY COUNCILMEMBER CAVARRA ORDINANCE NO. 309 Series of 1978 TITLE: AN ORDINANCE REPEALING AND REENACTING ARTICLE IV OF CHAPTER 2 OF THE CODE OF THE CITY OF WHEAT RIDGE, COLORADO; ESTABLISHING THE PERSONNEL COMMISSION, ANIMAL CONTROL COMMISSION, PARKS AND RECREATION COMMISSION, ARBORIST BOARD, BUILDING CODE ADVISORY BOARD, PLANNING COMMISSION, BOARD OF ADJUSTMENT, AND CIVIL SERVICE COMMISSION; AND REPEALING ARTICLE V OF CHAPTER 2 OF THE CODE OF THE CITY OF WHEAT RIDGE, COLORADO. Section 1. Article IV of Chapter 2 of the Code of the City of Wheat Ridge, Colorado, is hereby repealed and reenacted as follows: ARTICLE IV. BOARDS AND COMMISSIONS Sec. 2-15. Definitions. The following definitions are intended for use in an interpretation of the provisions of Article IV of Chapter 2 of the Code of the City of Wheat Ridge, Colorado: (a) City - shall mean the City of Wheat Ridge, Colorado. (b) Employee - shall mean an individual paid salary or wages by the City of Wheat Ridge, Colorado, but shall not include those persons who receive payment for the City for services on a contract basis or elected officials. (c) Capital Construction - shall mean any major improvement which tends to be of a permanent nature and which becomes a fixture for the City of Wheat Ridge; for purposes herein, this term shall include, but not be limited to, land purchase, construction of buildings, roadways, bridges, irrigation systems, sidewalks and other projects of a permanent nature, as well as the major replacement thereof. (d) Code - shall mean the Code of the City of Wheat Ridge, Colorado. (e) Maintenance - shall mean any activity involving the routine repair or upkeep of an existing facility, equipment or improvement which is intended to preserve said facility, equipment or improve- ment from deterioration or decline and to thereby extend its useful life. Maintenance shall apply only to existing facilities, equipment or improvements and shall not apply to new construction. Sec. 2-16. Establishment of Boards and Commissions. The following boards and commissions of the City of Wheat Ridge, Colorado, are hereby established: Personnel Commission, Animal Control Commission, Parks and Recreation Commission, Arborist Board, Building Code Advisory Board, Planning Commission, Board of Adjustment and Civil Service Commission. Sec. 2-17. Qualifications of Members; Appointment and Term of Members; Removal from Commission; Vacancies. (a) Members of all boards and commissions shall be residents of the Cite and registered voters. Members of all boards and commissions shall be at least eighteen years of age at the time of appointment. All board and commission members shall serve without compensation. No board or commission member shall ORDINANCE NO. 309 PAGE TWO hold elective governmental office for the City of Wheat Ridge or be employed by the City during tenure as a member of a board or commission. No board or commission member shall simultaneously serve on more than one City board or commission. (b) All boards and commissions shall consist of no more than eight members, consisting of no more than five regular members and no more than three alternate members to be appointed by a majority vote of the members of the City Council. Within thirty days of the effective date of this ordinance, five regular members shall be appointed to each board or commission: one appointee shall be designated to serve a one-year term of office; two appointees shall be designated to serve a two-year term of office; two appointees shall be designated to serve a three-year term of office. Within thirty days of the effective date of this ordinance, three alternate members shall be designated to each board or commission: one alternate appointee shall be designated to serve a one-year term of office; one alternate appointee shall be designated to serve a two-year term of office; one alternate appointee shall be designated to serve a three-year term of office. Upon expiration of the first term herein provided, all subsequent appointments shall be for three-year periods. Regular members of all boards and commissions shall have equal voting strength on their respective board or commission, and shall be authorized to attend, participate in, and vote at their respective board or commission meetings. Alternate members shall be allowed to attend, and participate in all board and commission meetings of their respective board or commission, but shall not be entitled to vote. Alternate members shall be authorized to vote at board or commission meetings in the event that a regular board or commission member, who is in good standing, is absent from a particular meeting when a vote is taken. Designation of an alternate voting member shall be made by the board or commission chairman. Members may be reappointed to serve additional three-year terms of office. All appointments to all boards and commissions shall be made to achieve approximate equal representation from each council district to each board or commission. (c) Any board or commission member may resign his term of office at will. Any board or commission member may be removed from office for just cause by a majority vote of the City Council. Any board or commission member who absents himself from three consecutive meetings or is absent from more than 25% of all duly scheduled meetings during any calendar year shall cease to be a member of the board or commission immediately upon the happening of such condition, unless such absence is caused by illness. Any board or commission member who shall change his personal residence to an address outside the City, shall cease to be a member of the board or commission and his seat shall automatically be deemed vacated as of the date on which he ceased to be a resident of the City. Vacancies on any board or commission, whether resulting from resignation, removal by Council, or other cause, may be filled by a new appointment by the City Council. Such appointment shall be for that portion of time remaining in the term which the new member has been appointed to fill. ORDINANCE NO. 309 Sec. 2-18. Administration. PAGE THREE (a) All boards and commissions may create and maintain rules of procedure to govern the administration of the provisions of this ordinance. No rule shall be in conflict with any of the provisions of this ordinance or any other ordinance of the City or any City Charter provision. Such rules and regulations shall be adopted to maintain the efficient administration of the provisions of this ordinance, to protect the public interest, and to preserve the rights and responsibilities of involved parties. (b) Each board or commission shall annually elect a chairperson. The Chair shall be on a rotating basis. It shall be the responsibility of the chairperson to preside at all meetings of the respective board or commission. An alternate chairperson may be elected to serve to assist the chairperson and to serve in the absence of the chairperson. (c) All boards and commissions may utilize City facilities for their meetings, hearings, and other deliberations, subject to the approval of the office of the Director of Administrative Services. (d) All boards and commissions shall be provided with sufficient funds by the City to hire a recording secretary if needed who will serve at the pleasure of the department head assigned to the board to record minutes of meetings, assemble documents, duplicate reports, and perform such other clerical duties as the board or commission shall from time to time assign. Such clerical employee shall serve under the immediate supervision of the head of the department assigned to work with the board or commission. (e) A quorum for each board or commission shall be four members or alternate members entitled to vote. No meeting of any board or commission shall be commenced and no action shall be taken by any board or commission without a quorum as set forth herein. (f) Except as otherwise stated in this ordinance all boards and commissions shall formulate rules and regulations setting forth their duties, guidelines and standards of procedure. These duties, guidelines and standards of procedure shall be approved by the City Council and once approved by the City Council shall become binding on each board or commission as the official rules and regulations of that board or commission. (g) Each board and commission established in this ordinance shall meet regularly as necessary. In no event shall any board or commission meet less than once each calendar quarter of each year. Sec. 2-19. Personnel Commission: Scope of Authority; Duties and Responsibilities; Procedures and Administration of Hearings. (a) There is hereby established a personnel commission to advise the mayor, city council, and city administrator on all matters concerning city employees within the scope of the personnel rules and regulations for the City of Wheat Ridge, Colorado. (b) The authority of the personnel commission shall extend to all city employees except: (1) The City Administrator; (2) Department heads; (3) municipal judges; (4) All civil service employees. (5) Court bailiffs and court reporters. ORDINANCE NO. 309 (c) In order to assure efficient and economical services and to provide equal opportunity for all compete for positions in the city employment, the the merit principle in personnel administration. of the city to appoint qualified employees and to career service by making promotions on the basis performance and by providing tenure of office to satisfactory service to the city. PAGE FOUR administration of city qualified persons to city hereby recognizes It shall be the policy make possible a of efficient work those who give (d) A purpose of this section is to allow for the establishment of a rules and regulations manual which shall be adopted by a vote of a majority of all the city council members. Such rules and regulations manual will be consistent with the following principles: (1) Recruiting, selecting and advancing employees on the basis of their relative ability, knowledge, skills and performance on the job, including open competition of qualified applicants for initial employment; (2) Establishing pay rates consistent with the principle of providing comparable pay for comparable work, and based on generally prevailing rates for like work in other cities in the metro Denver area; (3) Training employees, as needed, to assure high quality performance; (4) Retaining employees on the basis of the adequacy of their performance, correcting inadequate performance and separating employees whose inadequate performance cannot be corrected. (e) In addition to the duties and responsibilities set forth in ordinances and in the personnel rules and regulations, the personnel commission shall act as a board of appeal on all matters pertaining to violation of the personnel rules, disciplinary action and reductions in force, and shall preserve, protect and promote the standards of merit in city personnel administration. Procedures for hearing of grievances as a board of appeals, shall be pursuant to provisions set forth in the personnel rules and regulations. In all hearings the petitioner shall have the opportunity to appear in his own behalf, with or without the assistance of legal counsel, present evidence in his own behalf and cross-examine witnesses presented against him. (f) In all matters, except appeal hearings, the commission shall act through the director of administrative services in dealing with employees. (g) The personnel commission shall create and maintain a personnel rules and regulations manual pursuant to the provisions set forth herein. The personnel rules and regulations shall be effective upon approval by a majority vote of the city council. Amendments to the personnel rules and regulations may be adopted by the majority vote of the commission, subject to approval by a majority vote of the city council. No rule shall be in conflict with any of the provisions of this ordinance or any other ordinance of the City of Wheat Ridge, Colorado. Such rules and regulations shall be adopted to maintain the efficient administration of the rights and responsibilities of involved parties. ORDINANCE NO. 309 PAGE FIVE Sec. 2-20. Animal Control Commission: Scope of Authority; Composition; Duties and Responsibilities; Procedures and Administration of Hearings. (a) The Animal Control Commission shall advise the Police Chief, Mayor, City Administrator and City Council on matters within the scope of this section and Chapter 4 of the Code of the City of Wheat Ridge, Colorado and on matters concerning the control and disposition of animals that may arise in the City of Wheat Ridge, Colorado. (b) Not less than two of the members of the Animal Control Commission shall be licensed veterinarians. (c) The Animal Control Commission shall receive and review complaints made concerning the administration, and effect of this and other ordinances relating to animals and shall make recommendations to the City Council, Mayor, City Administrator or Police Chief on the appropriate action to be taken on complaints. (d) The Animal Control Commission shall maintain liaison with the county health officer and shall report all matters that may endanger the public health to such county health officer. (e) The Animal Control Commission shall approve or reject all applications made for issuance of a kennel license pursuant to Chapter 4 of the Code of the City of Wheat Ridge, Colorado. The commission shall make such determination for approval or rejection on the following standards: (1) The need of the applicant for a number of animals in excess of limits set forth in Chapter 4 of the Code shall be balanced against the need of the community to maintain itself in a healthful manner, free from unnecessary noise or other disturbance. (2) The welfare of the animal shall be considered, but the welfare of any animal shall be inferior to the welfare of any person. (f) The commission shall make no determination regarding an application for kennel license until a public hearing has been held regarding the issuance of said license. Such hearing shall be held in accordance with the following procedures: (1) Notice of public hearing on an application for a kennel license shall be posted on the property where the kennel is to be maintained for not less than ten (10) days preceding said public hearing. (2) Notice of public hearing shall be published in a newspaper of general circulation in the City of Wheat Ridge, Colorado, not less than ten (10) days prior to said hearing. (3) At the public hearing, testimony shall be received from all parties who desire to give testimony regarding the merits of the issuance of the kennel license. A record of testimony offered at said public hearing shall be maintained by the Animal Control Commission. ORDINANCE NO. 309 PAGE SIX (4) At the public hearing, the applicant for the license shall be permitted to appear in person or with the assistance of counsel and shall be entitled to present evidence in his own behalf and cross- examine witnesses against him. The applicant for kennel license shall receive written notice of public hearing, not less than ten days prior to the hearing. (5) The Animal Control Commission shall make findings of fact regarding the issuance of a kennel license, based upon the testimony and evidence presented at said public hearing. The decision of the Animal Control Commission whether to grant or reject an application for kennel license shall be based upon those findings of fact made by the commission. (6) The decision of the Animal Control Commission may be appealed to the City Council upon the written request of the applicant within ten (10) days of the decision by filing such appeal with the City Clerk for inclusion and placement on the Agenda of the City Council. (g) Renewal of said kennel license shall be upon application. Reconsideration of a renewal denial shall be made only after a public hearing is held pursuant to subsection (f) above. (h) It shall be the duty of the Animal Control Commission to grant exceptions to the prohibition against owning, possessing, harboring, selling, or trafficking in wild animals as provided in Section 4-9 of the Code of the City of Wheat Ridge, Colorado. The Animal Control Commission shall grant exceptions to the restrictions of Section 4-9 on the following standards: (1) The need of the applicant to keep an animal prohibited by Section 4-9 of the Code shall be balanced against the need of the community to maintain itself in a healthful manner, free from unnecessary noise or other disturbance. (2) The welfare of the animal shall be considered, but the welfare of any animal shall be inferior to the welfare of any person. (i) Exceptions to the restrictions set forth in Section 4-9 of the Code of the City of Wheat Ridge, Colorado shall be made only after a public hearing is held, pursuant to the procedures set forth in subsection (f) above. Sec. 2-21. Parks and Recreation Commission: Scope of Authority; Duties and Responsibilities. (a) The Parks and Recreation Commission shall advise the Mayor, City Council, and City Administrator, on all matters within the scope of Chapter 15 of the Code of the City of Wheat Ridge, Colorado. (b) The duties of the Parks and Recreation Commission shall be: (1) To regularly consult with the Director of Parks and Recreation; (2) To review all existing and proposed legislation relating to parks and recreation matters; ORDINANCE NO. 309 PAGE SEVEN (3) To make recommendations on parks and recreation matters to the City Council; (4) To act as a liason between the Department of Parks and Recreation and the community at large; (5) To promote and develop positive relationships with community groups, other public agencies and the general public; (6) To encourage the widest possible citizen under- standing of parks and recreation activities; (7) To seek citizen advice and support for the proper management and operation of parks and recreation facilities. (c) The Parks and Recreation Commission shall have the authority to promulgate rules and regulations for the proper management, operation, and control of the parks, parkways, and other recreational facilities within the City. These rules and regulations and amendments to such rules and regulations shall be adopted by a majority vote of the commission. The rules and regulations and amendments to such rules and regulations shall be effective upon approval by a majority vote of the City Council. Such rules and regulations shall be promulgated according to standards published and submitted by the Commission and approved by the City Council. Sec. 2-22. Arborist Board: Scope of Authority; Duties and Responsibilities; Procedure and Administration of Hearings. (a) The Arborist Board shall advise the Mayor, City Council, City Arborist, and City Administrator, on all matters within the scope of Chapter 22 of the Code of the City of Wheat Ridge, Colorado. (b) The Arborist Board shall have the power to promulgate rules, regulations, and specifications for the spraying, removal, planting, pruning, and protection of trees, shrubs, vines, hedges, and other plants upon the public right of way of any street, alley, sidewalk, or other public place in the City. Such rules and regulations shall be effective upon approval by a majority vote of the City Council. Such rules and regulations shall be promulgated according to standards published and submitted by the Board and approved by the City Council. (c) The Arborist Board may submit to the Parks and Recreation Commission and to City Council, recommendations regarding financial support for the administration of Chapter 22 of the Code of the City of Wheat Ridge, Colorado. (d) The Arborist Board shall approve or reject all applications made for the issuance of an arborist license pursuant to Chapter 22 of the Code of the City of Wheat Ridge, Colorado. The Board shall make such determination for approval or rejection based on standards published and submitted by the Board and approved by the City Council. ORDINANCE NO. 309 (e) The decision of the Council upon the written days of the decision by inclusion and placement PAGE EIGHT Arborist Board may be appealed to the City request of the applicant within ten (10) filing such appeal with the City Clerk for on the Agenda of the City Council. (1) Notice of public hearing shall be published in a newspaper of general circulation in the City of Wheat Ridge, Colorado, not less than ten (10) days prior to said hearing. (2) At the public hearing, testimony shall be received from all parties who desire to give testimony regarding the merits of the issuance of the arborist license. A record of testimony offered at said public hearing shall be maintained by the Arborist Board. (3) At the public hearing, the applicant for a license shall be permitted to appear in person or with the assist- ance of counsel and shall be entitled to present evidence in his own behalf and cross-examine witnesses against him. The applicant for an arborist license shall receive written notice of public hearing, not less than ten days prior to the hearing. (4) The Arborist Board shall make findings of fact regarding the issuance of an arborist license, based upon the testi- mony and evidence presented at said public hearing. The decision of the Arborist Board whether to grant or reject an application for arborist license shall be based upon those findings of fact made by the board. (5) The decision of the Arborist Board may be appealed to the City Council upon the written request of the applicant within ten (10) days of the decision by filing such appeal with the City Clerk for inclusion and placement on the Agenda of the City Council. (f) Renewal of said arborist license shall be upon application. Reconsideration of a renewal denial shall be made only after a public hearing is held pursuant to subsection (e) above. ,Sec. 2-23. Building Code-Advisory Board- Scope of Authorit ; Composi- tion; Duties an Responsibi ities Procedure an Administration o Hearings. (a) There is hereby established a Building Code Advisory Board in order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretation of the provisions of the Uniform Building Code. (b) The Building Code Advisory Board shall have the authority and obli- gation to propose, revise, and annually review provisions for Energy Conservation in buildings for the City of Wheat Ridge. (c) The board shall consist of members who are qualified by experience and trained to pass upon matters pertaining to building construction and shall have representatives from the following categories as reg- ular members of the board: one licensed engineer, one licensed architect, one builder, and two at-large members from fields related to the con- struction industry. The alternate members of the Building Code Ad- visory Board may be members from any fields related to the construction industry. (d) The board shall have the authority to review any written final decision of the Chief Building Inspector upon the written request of the applicant within ten (10) days of the decision by filing such appeal with the building department upon the building division forms designated for such purposes. The Board shall not have the authority to recommend decreasing public safety or fire resistive standards set forth in any City ordinance. Where specific materials, types of con- struction or fire resistive properties are required, such requirements shall be the minimum requirements, and any materials, types of con- struction or fire resistive protection which will afford an equal or greater degree of safety or resistance to fire as specified in City ordinances may be recommended. ORDINANCE NO. 309 PAGE NINE (e) Procedures for hearing of appeals from written decisions of the Chief Building Inspector shall be pursuant to subsection (d) above. In all hearings the petitioner shall have the opportunity to appear on his own behalf, with or without the assistance of legal counsel, present evidence in his own behalf, and cross-examine witnesses presented against him. The Building Inspection Division shall be given the opportunity to present evidence at all hearings. (f) The Building Code Advisory Board shall have the authority to promulgate rules and regulations for the conduct and standards of review to be applied in all appeals to the board from written deci- sions of the Chief Building Inspector. Sec. 2-24. Planning Commission: Duties and Responsibilities. (a) The Planning Commission shall develop and prepare a Master Plan for the physical, economic and social development and continuance of the municipality. The Planning Commission shall hold a public hearing on said plan and make its recommendations to the City Council. The City Council shall adopt and approve said Master Plan after holding public hearings and shall authorize the City Clerk to have the Master Plan recorded at the county. The Mas- ter Plan shall be called the Comprehensive Plan for the City of Wheat Ridge and shall be hereafter in this Ordinance referred to as The Comprehensive Plan. It shall include but not be limited to the following: established character, goals and objectives, population, land use, economic base, public facilities, parks and open space, transportation and resource conservation. Amendments to the adopted chapters of the Comprehensive Plan or new proposed chapters to the Comprehensive Plan shall be initiated by the Planning Commission or referred to the Planning Commission by the City Council for the Planning Commission recommendation. If the City Council desires to make substantive adjustments to the amendments recommended by the Planning Commission or which differ from the original referral to the Planning Commission, then the City Council shall refer said changes to the Planning Commission for public hearing and recommenda- tion by the commission. If the Planning Commission makes a recommendation for approval of a change to a zoning district which differs significantly from the Comprehensive Plan, the Planning Commission shall also make a rec- ommendation for amendment of the Comprehensive Plan so the proposed zoning change shall fit compatibly into the overall planning concept of the city. (b) The City Council and the governing bodies of all other govern- mental agencies, and public or privately owned public utilities shall refer all matters of capital construction except for City street maintenance to the Planning Commission to determine if they conform to the Comprehensive Plan in location, character and extent. In the case of disapproval, the commission shall communicate its reasons to the appropriate governing body, which has the power to overrule such disapproval by a recorded vote of a majority of its entire membership. (c) Any zoning ordinances which will amend the zoning provisions of the Code of the City of Wheat Ridge, shall be referred to the Planning Commission or initiated by the Planning Commission. The Planning Commission, following a public hearing, shall make its recommendations to the City Council, which shall take final action. ORDINANCE NO. 309 PAGE TEN (d) The Planning Commission shall hold a public hearing on all zoning cases. The staff shall provide a written staff report to the Planning Commission prior to the meeting, which shall contain a staff recommendation on the case which will be based in part on how the requested change conforms to the adopted Comprehensive Plan. The Planning Commission shall pass a resolution which makes a recommendation to the City Council. A negative decision of the Planning Commission may be appealed to the City Council upon the written request of the applicant within ten (10) days of the decision by filing such appeal with the City Clerk for inclusion and placement on the Agenda of the City Council, or City Council may by motion place it upon a Council Agenda for hearing and decision. When a rezoning is denied, amendment of the Compre- hensive Plan shall be considered. (e) Public hearings for development plans for planned develop- ment zoning shall be conducted using the same procedures as for approval of subdivision plats. (f) Preliminary subdivision plats shall be heard and approved by the Planning Commission through a public hearing with notifi- cation based on the requirements of the subdivision regulations. (g) After holding a public hearing on final subdivision plats, the Planning Commission shall make a recommendation to City Coun- cil with final action taking place at the City Council. Public hearings shall be conducted following procedures outlined in the subdivision regulations. (h) Public hearings shall be held for special use permits, which approve specific land uses following the procedures for changes of the zoning map. The Planning Commission shall make a recom- mendation to the City Council and the final action shall be taken by the City Council following the procedures for changes to the zoning map. (i) Special use permits for curb cut modification, parking lot buffering and parking in front of multi-family developments shall be decided by the Planning Commission. (j) Amendments to the Subdivision Regulations shall be initiated by, or referred to the Planning Commission; Commission recommenda- tions shall be forwarded to City Council for amendment and/or final approval. Following such final approval, the Planning Commission shall cause such amendments to be recorded with the County Clerk and Recorder and shall send an official copy of all amendments, revisions and/or revised editions to the City Clerk for permanent filing in sequence with past editions. Sec. 2-25. Board of Adjustment: Duties and Responsibilities, Public Hearing Procedure. (a) The Board of Adjustment shall have the authority to hear and decide requests for special exemptions or for interpretations of The Code of the City of Wheat Ridge, Appendix A, Zoning Ordinance, and/or Appendix B, Flood Plain Zoning Ordinance, subject to those guidelines set forth herein and as approved by the City Council in the form of official rules and regulations for the Board of Ad- justment. (b) The Board of Adjustment shall have the authority to interpret the provisions of the Code of the City of Wheat Ridge, Colorado, in such a way as to carry out the intent and purpose of the Code of the City of Wheat Ridge, Appendix A, Zoning Ordinance, and/or Appendix B, Flood Plain Zoning Ordinance, where the street or highway layout on the ground varies from the street or highway layout as shown on the district map. ORDINANCE NO. 309 PAGE ELEVEN (c) The Board of Adjustment shall have the authority to authorize a variance up to fifteen percent (15%) from strict application of any of the provisions of Appendix A, the Zoning Ordinance, and/or Appendix B, Flood Plain Zoning Ordinance, of the Code of the City of Wheat Ridge, Colorado, if the Board should determine that as a result of exceptional narrowness, shallowness, or shape of a specific piece of property, or by reason of an exceptional topographic condition or other extraordinary and exceptional situation or condition of such piece of property, that exceptional or undue hardship to the owner of such property would result if the requested variance were not granted. Provided, however, that such relief may be granted only if the resulting variance can be achieved without substantial detriment to the public good and without sub- stantially impairing the intent and purpose of the zoning plan as embodied in the Code and district maps. However, no variance shall be granted unless the Board of Adjustment finds, based on evidence, that: (1) the property in question cannot yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by the regulations for the district in which it is located; (2) the plight of the owner is due to unique circumstances; (3) the variation, if granted, will not alter the essential character of the locality. (d) For the purpose of implementing the rules set forth in this section, the Board shall also, in making its determination whether there are practical difficulties or particular hardships, take into consideration the extent to which the following facts favorable to the applicant have been established by the evidence: (1) the particular physical surroundings, shape or topographical condition of the specific property involved would result in a particular hardship upon the owner as dis- tinguished from a mere inconvenience, if the strict letter of the regulations were carried out; (2) the conditions upon which the petition for a variation is based would not be applicable, generally, to the other property within the same zoning classification; (3) the purpose of the variation is not based exclusively upon a desire to make more money out of the property; (4) the alleged difficulty or hardship has not been created by any person presently having an interest in the property; (5) the granting of the variation would not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; (6) the proposed variation would not impair the adequate supply of light and air to adjacent property or substantially increase the congestion in the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. ORDINANCE NO. 309 PAGE TWELVE (e) The Board of Adjustment has the responsibility to permit in any district a temporary building which is used for a permitted use in that district; or a temporary use of land which is not allowed in that district; such permit is to be issued for no longer than one year per application. (f) The Board of Adjustment has the responsibility to permit public utility or public service uses in any district when found to be necessary for the public health, safety, convenience or welfare. (g) The Board of Adjustment has the responsibility to permit or to refuse to permit use in the several districts as permissible only if approved by the Board of Adjustment; provided, however, that in consideration of the advisability of the use, due consideration shall be given to the effect of such use on adjacent property. (h) In exercising the above-mentioned powers, the board may, in conformity with all other appropriate provisions of law, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises, and to that end shall have all the powers of the Chief Building Inspector. (i) The Board of Adjustment shall hold a public hearing on all applications and appeals with the following special conditions required: (1) A notice of the hearing shall be given to the persons in the area affected by posting of notice on the property and by publication in a local newspaper in that manner prescribed by the board. t2) For applications for variances relating to the use requirements of this article, the applicant shall be respons- ible for posting of signs, prepared by the Planning Department. Such signs shall be posted in a conspicuous place on the subject premises no less than fifteen days before such public hearing. (3) A fee of thirty-five dollars ($35) shall be paid by the applicant to cover the costs of advertising and processing. (4) Any final determination of the Board of Adjustment shall be reported in writing over the signature of the chairman of such board, and a copy of such report shall be furnished the applicant, the Planning Commission and the City Clerk. The Board of Adjustment shall authorize issuance of any permits, licenses or other instruments necessary to implement or enforce such determination. (5) Every decision of the board on any case shall be by record resolution indicating the reasons of the board therefor. (6) The final disposition of any appeal from the Chief Building Inspector before the Board of Adjustment shall be in the form of a resolution either affirming, reversing or modifying the order, requirement, decision or determination appealed from. If a resolution fails to receive four votes in favor of the appellant upon appeal or of the applicant for a variation from the zoning regulations, the action will be deemed equivalent to a ORDINANCE NO. 309 PAGE THIRTEEN denial, and a resolution denying such application or appeal shall be formally entered upon the record unless there be a member absent at the roll call and unless the vote of each absent member added to those voting for an applicant or appellant would equal four, in which case the matter will be laid over for hearing before the full Board. (7) No request to grant a rehearing will be entertained unless new evidence is submitted which could not have been, with due diligence, presented at the previous hearing or at least one year has passed since the previous application or appeal. (j) In no case can the board make an interpretation that any use or similar use may be permitted in a zone district where that use is allowed for the first time in the next higher zone district. Any action taken by the Board of Adjustment in violation of this section shall be null and void. (k) The board shall adopt bylaws and rules of procedure that shall be approved by a majority vote of the City Council. (1) No application for a variation from the course prescribed by the Code of the City of Wheat Ridge shall be heard by the Board of Adjustment except in a specific case, and from an order, requirement, decision or determination made by the Chief Building Inspector upon the ground that the proposed plan or use is contrary to the provisions of the Code of the City of Wheat Ridge. No such application shall be entertained unless the application is filed within fifteen days after the date of the action of the Chief Building Inspector. As soon as any application is completed by the filing of the necessary data, the Board of Adjustment shall fix a reasonable time for the hearing, which hearing shall be no sooner than fifteen days after the initial posting, and require the posting of a sign, by the applicant, in a conspicuous place on such premises no less than fifteen days before such hearing. (m) Appeals of any decision of the Board of Adjustment may be made by any applicant or the City of Wheat Ridge to the City Council of the City of Wheat Ridge. All such appeals shall be made within ten (10) days of receipt of notice of the decision of the Board of Adjustment to the City Clerk by filing notice with the Clerk on those forms prescribed by the Clerk for such purpose. Sec. 2-26. Civil Service Commission: Scope of Authority; Duties and Responsibilities; Procedures and Administration of Hearings. (a) Examination and certification of applicants for position or promotion. The Civil Service Commission shall be responsible for examination and certification of all applicants to positions in the classified service of the Police Department. They shall determine qualifications for and exams for promotion within the classified service of the police department. Promotions in the classified service shall be from within the respective departments and those eligible for taking a promotional examination must be members of the classified ORDINANCE NO. 309 PAGE FOURTEEN service of the rank or grade immediately below the rank or grade for which they are being examined, except for the rank of sergeant and detective on the police department, for which position senior patrolmen with the proper length of service in grade shall be eligible, unless it shall be determined by the civil service commission that there are no qualified members within the classified service to take such promotional examinations. In such event, the civil service commission may undertake either open recruitment or designate additional ranks or grades who may be eligible for that particular examination only. All examinations for promotion shall be competetive among such members of each department as are qualified and desire to submit themselves to examination. The commission shall submit to the appointing authority the list with the names of all members who have satisfactorily passed the entire examination, in the order in which their grades placed them, and the appointing authority, after having received a list duly certified, shall make promotions therefrom in the order in which they appear. The method of examining, the rules governing the same, and the method of certifying may be the same, as near as possible, as provided for applicants for original appointments. (b) Rules; investigations. The commission shall have the power to make and enforce rules for the purposes of carrying out the provisions of this article, which rules shall be printed for distribution and a copy provided for each person having the right to employ any person in the classified service. The commission shall have the power to investigate all breaches of this article and conduct hearings in disciplinary matters as herein provided and while conducting such an investigation or hearing the commission shall have the authority to compel the attendance of witnesses and the production of books and papers. The Civil Service Commission, with approval of the mayor, may make use of existing city facilities and, as circumstances might dictate, temporarily use other city employees to aid and assist the commission secretary and examiner in performing his duties. (c) Political activity. As required by Section 31-30-105 of the 1973 Colorado Revised Statutes of Colorado, the following sections are hereby adopted: (1) No person holding office or place in the Police Department placed by the legislative body under civil service system, pursuant to the provisions of this article, shall seek or accept election, nomination or appointment as an officer of a political club or organization, or take an active part in a county or municipal political campaign, or serve as a member of a committee of such club, organization or circle or seek signatures to any petition provided for by law, or act as a worker at the polls, or distribute badges or pamphlets, dodgers or handbills of any kind favoring or opposing any candidate for election, or for nomination to a public office, whether county or municipal. Nothing in this article shall be construed to prevent any such officer or employees from becoming or continuing to be a member of a political club or organization, or from attendance at a political meeting, or from enjoying entire freedom from all interference in casting his vote. (2) Any willful violation of this section or violation through culpable negligence, shall be sufficient grounds to authorize the discharge of any Police Department employee. ORDINANCE NO. 309 PAGE FIFTEEN Section 2. Article V of Chapter 2 of the Code of the City of Wheat Ridge, Colorado, is hereby repealed. Section 3. Severability. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this ordinance or its application to other persons or circumstances. Section 4. This ordinance shall take effect fifteen (15) days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 5 to 1 on this 11th day of December, 1978; ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for January 15, 1979, at 7:30 o'clock p.m., at Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED, AND ORDERED PUBLISHED on second and final reading by a vote of 5 to 0 this 15th day of January , 1979. SIGNED by the Mayor on this 18th day of January , 1979. Oliver V. Phillips, Ma or ATTEST: CP = Carol Hampf, City C1 1st Publication December 21, 1978 2nd Publication Januarv 25. 1979 Wheat Ridge Sentinel Effective Date Feb. 9, 1979 b the Office of the City Attorney: Approli,,I, By ~ t. Presented to the Mayor 1/17/79