HomeMy WebLinkAboutOrdinance-1985-0619INTRODUCED BY COUNCILMEMBER MERKI
COUNCIL BILL NO.
ORDINANCE NO. -
Series of 1985
TITLE: AN ORDINANCE AMENDING APPENDIX A, ZONING ORDINANCE, OF THE CODE OF LAWS
OF THE CITY OF WHEAT RIDGE BY AMENDING SECTION 25 THEREOF EXTENDING THE
PERIOD OF NON-CONFORMING USES OF STRUCTURES UNTIL JULY 1, 2000.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS
FOLLOWS
Section 1. Section 25(G) Non-conformining uses or of structures and premises in
combination of Appendix A of the Code of Laws of the City of Wheat Ridge is
hereby repealed and reenacted as follows:
G. Nonconforming uses of structures or of structures and premises in
combination. Lawful uses of individual structures with a replacement cost of
one thousand dollars ($1,000.00) or more, or such structures and land in
combination which exists at the time of adoption, or amendment of this
ordinance, but which would not be allowed in the district in which located under
the terms of this ordinance, may be continued, so long as they remain otherwise
lawful, UNTIL JULY 1, 2000, ON OR BEFORE WHICH DATE THEY SHALL BE TERMINATED, OR
for a period not to exceed fifteen (15) years from the date of the adoption of
t~rrs v~ rmrirbr AN amendment thereto THIS ORDINANCE creating said
nonconforming use, provided:
1. No existing structure devoted to a use not permitted by this ordinance in
the district in which located shall be enlarged, extended, constructed,
reconstructed, moved or structurally altered except in changing the use of
the structure to a use permitted in the district in which it is located.
2. Any nonconforming use may be extended throughout any parts of the building
which were designed or arranged for such use at the time of adoption or
amendment of the ordinance, but no such use shall be extended to occupy any
land outside such building. In addition, no such use shall be extended to
any portion of the property outside of any building which was not used for
said nonconforming use at the time of the adoption or amendment of this
ordinance creating said nonconforming use.
3. Provided that no structural alterations are made, any nonconforming use of
a structure or of a structure and premises in combination may be changed to
another nonconforming use as special exception by the board of adjustment;
provided, that said board finds that the proposed use is equally or more
appropriate than the existing use. In permitting this change, the board
may require whatever conditions and safeguards it deems necessary.
4. Any structure or structure and land in combination, in or on which a
nonconforming use is replaced by a permitted use shall not again be devoted
in a use not permitted in the district in which it is located.
5. Whenever any nonconforming use of a structure, or a structure and land in
combination, is discontinued for sixty (60) consecutive days or six (6)
months during any three-year period, except when government action impedes
access to the property, or at the termination of the fifteen-year
amortization period, the structure, or structure and premises in
combination shall not thereafter be devoted to a use not permitted in the
district in which it is located.
6. Where nonconforming use status applies to a structure and premises in
combination, removal or destruction of the structure shall eliminate the
nonconforming status of land. Destruction for the purpose of this section
shall be defined as damage to the extent of more than fifty (50) percent of
the replacement cost at the time of destruction.
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 15 days after final
publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ 7 to I on
this 8th day of Arj1 , 1985, 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 May 20 , 1985, at 7:30
o'clock p.m., in the 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 2 , this 20th day of May , 1985.
Frank Stites, Mayor
Wanda Sang, City Clerk'
1st Publication: A-)r11 11, 1985
2nd Publication: y 23, 1985
Wheat Ridge Sentinel
Effective Date: June 7, 1985
APPROVED AS TO FORM BY
CITY ATTORNEY,
fL'._
JOHN E. HAYES, CITY ATTORNEY