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Home My WebLink AboutOrdinance-1988-0774INTRODUCED BY COUNCILMEMBER MERKL Ordinance-No. 774 Series of 1988 TITLE: AN ORDINANCE AMENDING THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, APPENDIX A, ZONING ORDINANCE, SECTION 27 RELATING TO EMERGENCY SHELTERS OPERATED BY CHURCHES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: SECTION 1. Wheat Ridge Code of Laws, Appendix A. Zoning Ordinance, Section 27.H. Emergency Shelters operated by churches is amended as follows: [Words and phrases typed in bold are added, and words or phrases lined-through are deleted.] 1127.H. EMERGENCY SHELTERS OPERATED BY CHURCHES. Within any district which permits churches that were existing in the City at the time of passing of this Ordinance, a church corporation or a non-profit corporation with church-spon- sorship may operate an emergency shelter under the following limitations. This section describes an additional church func- tion which may take place in a church facility for the purpose of meeting an urgent community need to shelter the homeless fami- lies. The shelter shall be for families wTt' e"' r bath-p,a-re-nts--and--one--ar---morre--ehrl-dre-n, -and SINGLE PERSONS. A pregnant-woman--would-be--eons The maximum stay of any PERSON €aiwi-l-, group-ing shall be three weeks. There shall be a maximum of tear-families 45 PEOPLE allowed per shelter on any night. THE SHELTER SHALL BE RESPONSIBLE FOR PROVIDING TRANSPORTATION OF THE HOMELESS OUT OF THE AREA DURING THE HOURS THE SHELTER IS NOT IN OPERATION. This shall be a use by right in any church building or in any church owned facility, PROVIDED THAT THE LICENSE REQUIREMENTS OF SUBSECTION 1.HEREOF, ARE MET. The structures must meet the Building Code, the Health Codes of the County and State, and conform to all City Codes for the primary use as a church. 1. License Requirements. Any church organization wishing to operate an emergency shelter shall apply for and receive a license through the Planning and Development Department FOR A PERIOD OF FOUR MONTHS, UNLESS THE APPLICANT REAPPLIES FOR AN EXTENSION. The fee for such license application shall be $5.00. Along with the application shall be information indicating the name of the organization operating the shelter, the related church sponsorship, the name of the on-site manager(s) with identifying information, the phone number at the site, the address of the shelter location, the number of people, to be housed in the shelter relating to Building Code require- ments, the ~naimum-nt~rrt p3-aced i-r -he shelter, a letter from the Jefferson County Health Department indicating that the facility meets all current codes, and a certificate of inspection from the Wheat Ridge Building Division indicating that Building Codes and the Fire Code requirements are met. The facility and/or its personnel will be responsible for the following: a. A written established policy for acceptance into the shelter. This policy will either provide that all shelter occupants will be pre-screened by recognized social agencies or that the facility will employ a counselor with the training and competency to screen out and refer elsewhere persons with drug, alcohol, personal or emotional problems which make them unsuita- ble for this kind of minimal-care facility. b. 24 hour availabi44-t t-he premi-ses-at3~ub za s. THE HOURS OF OPERATION SHALL BE DETERMINED BY THE INDIVIDUAL SHELTER. ADE- QUATE SUPERVISION SHALL BE PROVIDED DURING THE HOURS OF OPERATION. C. Provisions of all meals; however, meals may not be pro- vided to other than inhabitants, staff and visiting church and social agency personnel. d. Proper care and supervision of children. T4vi-a-w+1-1 aeti rd Scheel chPldisen w,nl-e-n o ~hee 1 e. An established referral network and transportation to existing health, job counseling, housing, police, legal, welfare and other social agencies. f. On site or liaison personnel with the training and/or experience to establish an individualized plan of services or treatment necessary for each family to improve its ability to function independently in the community. g. COPY OF CONTRACT BETWEEN THE CHURCH AND THE APPLICANT SHALL BE ATTACHED TO THE APPLICATION. 2. Signature on license. 2 The following official shall sign each license that is issued: a. The Director of Planning and Development. b. The Mayor. All complaints shall be referred to the Department of Plan- ning and Development. If three or more complaints are received which upon investigation by the proper agency indicate actual problems of operation of the facility a public hearing shall be set before the City Council to review the complaints and accept any additional evidence which may be submitted at the hearing to determine if the license should be revoked. The Director of Planning and Development may initiate a public hearing based on a single incident if it is considered to be serious enough to justify a hearing before the City Council. The Council shall judge the evidence to determine if the shelter is meeting the requirements in the ordinance. If Council after receiving evidence at such public hearing determines that the provi- sions of this section is being violated so that operations of the shelter creates a situation detrimental to health, safety or welfare, such license shall be revoked. Such notice of public hearings shall be by a sign being placed on the premises and a notice in a local newspaper of general circulation, at least seven (7) days prior to the hearing." SECTION 5. Safety Clause. The City Council hereby finds, deter- mines, 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 6. 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 application to other persons or circumstances. SECTION 7. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found else- where in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. 3 SECTION 8. This ordinance shall take effect one (1) day after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 2 on this 22nd day of August , 1988, 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 September 26 , 1988, 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 7 to 0 this 26th day of September, 1988. SIGNED by the Mayor on this 27th day of September 1988, Dan Wilde, Mayor ATTEST: Wanda Sang, City Clerk 1st Publication: September 1, 1988 APPROVED AS TO FORM BY 2nd Publication: September 29, 1988 OFFICE 0,1s C TY ATTORNEY: Wheat Ridge Sentinel: Effective Date: September 30, 1988 Joh E. Hayed i