HomeMy WebLinkAboutOrdinance-1986-0680INTRODUCED BY COUNCIL MEMBER KELLrR
ORDINANCE NO. 680
Series of 1986
TITLE: AN ORDINANCE AMENDING CHAPTERS 18, 19, AND 27.1 OF APPENDIX
A OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE RELATING TO
THE REGULATION OF MAJOR VEHICLES, TRUCK TRACTORS, AND
SEMI-TRAILERS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
Section 1. Appendix A of the Code of Laws of the City of Wheat
Ridge, Section 18. Commercial-One District, Subsection B. Special
Uses.l.d. is hereby changed to read as follows:
d. Parking of more than three (3) commercial truck tractors and/or
semi-trailers on any parcel or lot wherein such vehicles are
not related to the transportation needs of the business
conducted thereon, shall require approval of Special Use
Permit. In order to evaluate the proposal, the applicant shall
submit a site plan which adequately illustrates location and
size of all parking spaces and drive isles, and direction of
traffic flow, and which shows the proposed parking relative to
existing structures on and adjacent to the site, to adjacent
streets, and which shows point of ingress/egress to the site.
The intent of this provision is to limit those areas in which
truck tractors and/or semi-trailers used in commercial
ventures may be parked, and is not intended to apply to any
non-commercial use of such truck tractors and/or semi-trailers.
Parking lot design shall meet the standards for truck tractors
and semi-trailers as specified in Section 27.1, Off-Street
Parking Requirements.
In addition, the applicant shall submit a report which
addresses the following:
1. Traffic impact to adjacent and surrounding street systems;
2. Noise generated on the subject site and proposed
methods of mitigating its off-site effects;
3. Air pollution caused by the new development and the
relationship with ambient air pollution in the surrounding
area. Proposed methods of controlling or reducing air
pollution that are part of the development concept shall be
described; and
4. Compatibility with adjacent land uses, and proposed methods
of assuring compatibility, such as screening, landscaping,
setback or orientation.
e. When used in Section 1.d. of this subpart 18.B., the following
words shall have the following meanings:
1. 'Truck Tractor' means any motor vehicle which is generally
and commonly designed and used to draw a semi-trailer and
its cargo load over the public highways.
2. 'Semitrailer' means any wheeled vehicle, without motive
power, which is designed to be used in conjunction with a
truck tractor so that some part of its own weight and that
of its cargo load rests upon or is carried by such truck
tractor and which is generally and commonly used to carry
and transport property over the public highways.
3. Any of said vehicles shall be considered commercial when
utilized with or as a part of a commercial venture.
f. Any property upon which a Special Use Permit is granted
pursuant to subpart (d) hereof shall be conspicuously posted to
indicate the authorization for the parking of commercial truck
tractors and/or semi-trailers thereon. It shall be a violation
of this Code of Laws for any commercial truck tractor and/or
semi-trailer to be parked or stored upon property not so
posted. Any commercial truck tractor and/or semi-trailer
parked in violation of the provisions hereof shall be subject
to the provisions hereof shall be subject to the provisions of
Section 11-5 of the Model Traffic Code as enacted and enforced
within the City of Wheat Ridge.
ORDINA14CE NO. 680
PAGE 2_
Section 2. Appendix A of the Code of Laws of the City of Wheat
Ridge, Section 19. Commercial-Two District, subsection B. Special
Uses. 1.c., is hereby changed to read as follows:
C. Parking of more than (S)truck tractors, commercial truck
tractors and/or semi-trailers on any parcel or lot wherein
such vehicles are not related to the transportation needs of
the business conducted thereon, shall require approval by
Special Use Permit. In order to evaluate the proposal, the
applicant shall submit a site plan which adequately illustrates
location and size of all parking spaces and drive isles, and
direction of traffic flow, and which shows the proposed parking
relative to existing structures on and adjacent to the site, to
adjacent streets, and which shows points of ingress/egress to
the site. The intent of this provision is to limit those areas
in which truck tractors and/or semi-trailers used in commercial
ventures may be parked, and is not intended to apply to any
non-commercial use of such truck tractors and/or semi-trailers.
Parking lot design shall meet the standards for truck tractors
and semi-trailers as specified in Section 27.1, Off-Street
Parking Requirements.
In addition, the applicant shall submit a report which
addresses the following:
1. Traffic impact to adjacent and surrounding street systems;
2. Noise generated on the subject site and proposed methods
of mitigating its off-site effects;
3. Air pollution caused by the new development and the
relationship with ambient air pollution in the surrounding
area. Proposed methods of controlling or reducing air
pollution that are part of the development concept shall
be described; and
u. Compatibility with adjacent land uses, and proposed
methods of assuring compatibility , such as screening,
landscaping, setback, or orientation.
d. When used in Section 1.c. of this subpart 19.8., the following
words shall have the following meanings:
1. 'TRUCK TRACTOR' means any motor vehicle which is generally
and commonly designed and used to draw a semi-trailer and
its cargo load over the public highways.
2. 'Semi-trailers' means any wheeled vehicle, without motive
power, which is designed to be used in conjunction with a
truck tractor so that some part of its own weight and that
of its cargo load rests upon or is carried by such trues
tractor and which is generally and commonly used to carry
and transport property over the public highways.
3. Any of said vehicles shall be considered commercial
when utilized with or as a part of a commercial venture.
e. Any property upon which a Special Use Permit is granted
pursuant to subpart 1.c. hereof shall be conspicuously posted
to indicate the authorization for the parking of commercial
truck tractors and/or commercial semi-trailers thereon. It
shall be a violation of this Code of Laws for any commercial
truck tractor and/or semi-trailer to be parked or stored upon
property not so posted. Any truck tractors and/or commercial
semi-trailers parked in violation of the provisions hereof
shall be subject to the provisions of Section 11-5 of the Model
Traffic Code as enacted and enforced within the City of Wheat
Ridge.
ORDINANCE N0. 680
PAGE 3
Section 3. Appendix A of the Code of Laws of the City of Wheat
Ridge, Section 27.1, Off-Street Parking Requirements, subsection
A.20. is hereby repealed in its entirety, and replaced by the
following:
20. Parkinff of Truck Tractors and Semi-Trailers
a. It shall be unlawful for any person to park or store, or
allow the parking or storing of, truck tractors or
semi-trailers upon any property located and situated
within the City of Wheat Ridge,or upon any dedicated
public street or road, or private street or road, or
public right-of-way or easement or park within the City of
Wheat Ridge except as hereinafter specified.
b. Notwithstanding the foregoing provisions, the following
exceptions apply to the provisions of this Section 27.1(A)
(20):
Any truck tractor or semi-trailer in immediate and
active use, or in the process of actively being loaded
or unloaded.
2. Any truck tractor or semi-tractor parked in or upon
property on which a Special Use Permit is granted
authorizing the parking of commercial truck tractors
and/or semi-trailers pursuant to Sections 18(B)(1)
(d) and 19(B)(1)(c) of Appendix A of the Code of
Laws of the City of Wheat Ridge, or any major vehicle
parked at the truck stop located at the northeast
corner of West 44th Avenue and the I-70 eastbound
on-ramp.
3. Any truck tractors and/or semi-tractor trailers
authorized pursuant to Sections 14(A) (16) and 15(A)
(18) of Appendix A of the Code of Laws of the City of
Wheat Ridge.
4. Any track tractor and/or semi-trailer parked or stored
upon property wherein the use or storage of said
vehicle is related to the transportation needs of the
business conducted on said property.
5. No provision of this Section 27.1(A) (20) shall apply
upon state highways within this municipality.
C. Enforcement. Notwithstanding any other provision of this
Code of Laws of the City of Wheat Ridge, any truck tractor
or semi-trailer as defined herein which is parked or
stored in violation of the provisions of Section
27.1(A)(20 Ix 21) shall be subject to being towed and
stored, at the owner's sole expense, by a towing
contractor selected by the Chief of Police of the City of
Wheat Ridge. The towing of illegally parked vehicles is
necessary to ensure traffic and pedestrian safety by
removing the view impediment created by said illegally
parked vehicles, and to protect the aesthetic integrity of
the various zoned districts and neighborhoods within the
City of Wheat Ridge. In addition to the right to tow said
illegally parked truck tractors and/or semi-trailers,
authority is granted to impose administrative charges upon
the owner or operator of said illegally parked vehicle, or
the owner of property allowing or permitting such illegal
parking, subject to the following requirements:
1. To defray the cost of enforcement of this provision, a
charge of fifty dollars ($50) shall be imposed for the
first offense, one hundred dollars ($100) for the
second offense, two hundred dollars ($200) for the
third offense, and three hundred (.$300) for the fourth
or subsequent offenses.
ORDINANCE NO. 680
PAGE 4
2. Any person subjected to said administrative charges
who objects thereto shall be entitled to either:
(a) Have the right to request a hearing before the
Chief of Police, which hearing shall be held no
less than seventy-two (72) hours after the making
of said request; or
(b) Have a summons and complaint issued to him
directing his appearance in the Wheat Ridge
Municipal Court. If found guilty in the
Wheat Ridge Municipal Court of violating the
provisions of Sections 27.1(A)(20 or 21), or if a
guilty plea is entered thereto, the Court shall
impose fines as specified in Section 27.1(A)(20)
(c)(1) hereof.
No vehicle shall be released from storage after
towing unless and until all towing and storage
charges have been paid, and all administrative
charges specified in Section 27.1(A)(20)(c)(1)
hereof have been paid, or evidence is presented
from the Chief of Police or the Municipal Court
that the rights granted under Section 27.1(A)(20)
(c)(2) hereof have been invoked. In the event
any towing is found to be improper, all costs for
towing and storage shall be reimbursed by the
City to the owner.
Section 4. Appendix A of the Code of Laws of the City of Wheat
Ridge, Section 27.1, Off-Street Parking Requirements, subsection
A.21. is hereby repealed in its entirety and replaced by the
following:
21. Parking Lot Design Standards for Truck Tractors and/or
Semi-Trailers
Wherein it is desired to park truck tractors and/or
semi-trailers as regulated by Section 27.1(A)(20) hereof a
parking plan shall be submitted which shows the location,
extent, and size of the proposed truck tractor and
semi-trailer parking, and which indicates proposed screening,
lighting, landscaping, circulation, type of paving, and any
other feature which will help Planning Commission, City
Council and staff to evaluate the proposal and potential
impacts. The following standards shall be used in designing
such parking lots:
a. Dimensions
(1) Tractor Only: Length =
25
feet
Width =
12
feet
Aisle Width =
28
feet
(2) Trailer Only: Length =
40
feet
Width =
12
feet
Aisle Width =
40
feet
(3) Combo Tractor & Trailer:
Length 70 feet
Width = 12 feet
Aisle Width = 40 feet
b. All parking and circulation areas shall be paved to
acceptable engineering standards with either bituminous
concrete, or portland concrete.
C. Each parking stall shall be supplied with an electrical
outlet to permit vehicles to be connected to electricity
while parked.
d. Unattended truck tractors shall not be allowed to idle.
e. The use of standard automobile parking spaces and/or
circulation aisles for truck tractor and/or serni-trailer
parking or circulation is prohibited.
ORDINANCE NO. 680
PAGE: 5
Section 5. Appendix A of the Code of Laws of the City of Wheat
Ridge, Section 27.1, Off-Street Parking Requirements, subsection
A. is hereby amended by the addition of the following subsection
numoer 22.
22. Parking of Large Recreational Vehicles
In residential zone districts motor homes or recreational
vehicles, which are either eight (8) feet or more in width or
twenty-five (25) feet or more in length, may be parked or
stored upon the property of the owner, or if said vehicles are
owned by anyone other than the property owner where parked,
said motor vehicles or recreational vehicles may be stored or
parked on said private property with the knowledge and consent
of the property owner; provided that no more than two such
vehicles are stored on any such lot or parcel at any one time,
and provided said vehicles are parked eight feet or more
inside the front property line; except that, for the purpose
of allowing the loading or unloading of any motor home or
recreation vehicles, such motor home or recreational vehicles
may be lawfully parked on a public street directly in front of
the property of the person or persons being visited by the
owner or operator of the vehicle, for a maximum period of
fourteen hours, no more frequently than once in each two-week
period.
In cases where it is desired to maintain a large motor home or
recreational vehicle either within g feet of a public street
on private property, or within a lawful parking area on a
public street abutting the front of the property in excess of
fourteen hours, the property owner may obtain a Temporary
Parking Permit from the Community Development Department.
Such Temporary Parking Permit shall be for a time period not
to exceed 14 days; it shall be conspicuously display on the
parked vehicle; and no more than one (1) such permit shall be
issued each 6 months for the same property.
Section 6. 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 objective sought to be
attained.
Section 7. 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 8. This Ordinance shall take effect 1 days after
final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
8 to 0 on this 25th day of August , 1986,
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, September 8 , 1986, 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 ready by a
vote of 5 to 3 , this 8 day of September , 1986.
SIGNED by the Mayor on this
9th day of September , 1986.
r
Wanda San;, City, lerk
1st Publication: 8/28/86
2nd Publication: 9/11/86
Wheat Ridge Sentinel
Effective Date: 9/12/86
FRANK STITES, MAYOR
APPRO',IEB Tll__N RBY CITY ATTORNEY
Joh Hayes, City ttorney