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HomeMy WebLinkAboutOrdinance-1979-0362ORDINANCE NO. 362 INTRODUCED BY COUNCILMEMBER PEPE Series of 1979 TITLE: AN ORDINANCE AMENDING SECTION 1, APPENDIX A, ZONING ORDINANCE, OF THE CODE OF THE CITY OF WHEAT RIDGE, COLORADO, BY THE ADDITION OF SUBSECTION F, PERTAINING TO THE PROCEDURE FOR CORRECTING ERRORS IN THE OFFICIAL ZONING MAP. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 1, Appendix A, Zoning Ordinance, of the Code of the City of Wheat Ridge, Colorado is hereby amended by the addition of Subsection F as follows: Sec. 1. Establishment of Districts. Provisions for Official Zoning Map. F. Procedure for Correcting Errors in the Official Zoning Map. The Department of Community Development shall determine the zoning of all property within the City of Wheat Ridge by comparing the current official zoning map with that zoning enacted at the last public hearing held by either the City of Wheat Ridge or the County of Jefferson. If a public hearing has never been held to consider the zoning of any property, the Department of Community Development shall compare the official zoning map with the original zoning approved by the Jefferson County Commissioners in 1946. In the event any conflict appears between the official zoning map and that zoning enacted at the last public hearing on the zoning, or by the zoning approved by the Jefferson County Commissioners in 1946, or if the Department of Community Development is unable to determine the proper zoning, the City Clerk shall schedule a hearing on the zoning of the property before a qualified hearing officer designated by the City Council. Fifteen (15) days before the scheduled hearing, notice of the hearing shall be published in a newspaper of general circulation in the City of Wheat Ridge. Such notice shall contain a legal description of the property, the local address of the property, the zoning shown on the official zoning map, the zoning classification enacted at the last public hearing or the zoning approved by the Jefferson County Commissioners in 1946, and the record owner of the property. In addition, a sign prepared by the Department of Community Development giving notice of the hearing shall be posted on the property fifteen (15) days before the hearing. Said sign shall be displayed in a manner that affords clear view to the public. ORDINANCE NO. 362 PAGE TWO The hearing shall be conducted by the designated hearing officer and shall be of record. During the hearing the only evidence which shall be admissible will be that which will assist in determining the official action taken at the last public hearing involving the zoning of the property or as determined by the Jefferson County Commissioners in 1946. If the hearing officer determines that there is a discrepancy between the official zoning map and the evidence pre- sented at the hearing, the official zoning map will be presumed to be in error. No appeal within the City of Wheat Ridge shall be permitted. Notification by certified mail shall be sent to the record owner and other persons known to have a concern in the property that the official zoning map shall be corrected thirty (30) days thereafter. The owner, other interested party or the City Council of the City of Wheat Ridge may thereafter file a rezoning application as provided for herein. The City Council may file a rezoning application on its own or upon the request of citizens or the Planning Staff. Within thirty (30) days after mailing of the certified mail notification, the owner of the property, other interested party or the City Council of the City of Wheat Ridge may file a rezoning application following the procedures under Section 30, Appendix A, Zoning Ordinance, of the Code of the City of Wheat Ridge, Colorado. In such case the payment of the fee which would normally accompany such application shall be waived No building permits shall be issued for the prouerty between the effective date of this ordinance and the end of the thirty (30) day notification period. Upon entry, the correction made to the official zoning map shall be deemed conclusive for all purposes thereafter. All such changes referred to herein shall be adopted by the City as corrections to the official zoning map. However, during the pendency of any rezoning application as described above, the official zoning map shall show that the property is the subject of that rezoning application. In the event that the hearing officer is unable to determine the proper zoning, then he shall recommend to City Council that City Council initiate a rezoning hearing in accordance with this ordinance. If the correction to the official zoning map created by this section causes the current use of the property to conflict with the use allowed by the offical corrected zoning map, such use shall be considered a non-conforming use as of the date of the correction of the official zoning map and otherwise subject to the provisions of Section 25, Appendix A, Zoning Ordinance of the Code of the City of Wheat Ridge, Colorado. For purposes of this section "interested party" shall mean any person or entity having legal or equitable ownership in said parcel of property as determined by the City Council. For purposes of this section "all persons known to have a concern in the property" shall mean any person or entity who has appeared on record at a hearing on the property or who has requested in writing to be notified of any zoning change. ORDINANCE NO. 362 PAGE THREE Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public, and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 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 after final publication. 15 days INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 0 on this 8th day of OctohPr , 1979; 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 Monday. October 22 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 6 to 0 this 22nd day of October , 1979• SIGNED by the Mayor on this 23rd day of October , 1979. Oliver V. Phillips, May ,6r ATTEST: arol H mpf, Ci y C1 1st Publication Oct. 10, 1979 2nd Publication Nov. 1, 1979 Effective Date Nov. 16, 1979 APPROVED AS TO FORM BY OFFICE OF CITY ATTORNF Y: J 4- L-