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of Wheat Ridge, Colorado, is hereby repealed and reenacted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