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HomeMy WebLinkAboutOrdinance-1989-0789INTRODUCED BY COUNCILMEMBER DAVIS Ordinance No. 789 Series of 1989 TITLE: AN ORDINANCE AMENDING SECTION 27 OF APPENDIX A, ZONING ORDINANCE, OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, RELATING TO REGULATIONS APPLICABLE TO ALL DISTRICTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: SECTION 1. The following subsections of Section 27 of Appendix A, Zoning Ordinance of the Code of Laws of the City of Wheat Ridge are hereby repealed: G. Pertaining to the construction of swimming pool fences. SECTION 2. The following subsections of Section 27 of Appendix A. Zoning Ordinance of the Code of Laws of the City of Wheat Ridge are hereby enacted: M. Fences Walls and Obstructions to View. Fences and divisional walls are permitted in any zone district with the issuance of a fence permit approved by the Planning and Development Department in accordance with the following provisions: 1. No fence, divisional wall, or hedge above the height of forty-eight (48) inches shall be permitted within a minimum required front yard, or above the height of six (6) feet in instances not otherwise specified. 2. Sight Distance Triangle Requirement: a. No fence, divisional wall, hedge or other obstruction to view in excess of 42 inches high, except for permitted landscaping, signs, or public utility poles shall be established or maintained on a corner lot, within a triangular area bounded by the lot lines and a line connecting points on each lot line either twenty five (25) feet from the intersection of such lot lines for local streets, or fifty five (55) feet from the intersection of such lot lines for collector or arterial streets. The same shall apply to the intersection of driveways and public street, except that the sight distance triangle may be reduced to fifteen (15) feet. Street trees required by Section 27.2 and signs allowed by Wheat Ridge Code of Laws, Chapter 19.A Signs, may be permitted within the regulated sight distance triangle, provided that the Sec. 27 Page 1 area between forty-two (42) inches and ninety six (96) inches high is maintained free and clear of obstruction, and further provided that a sign pole does not exceed one (1) foot in diameter. One and two family dwellings shall be exempt from application of the fifteen (15) foot driveway sight distance triangle requirement. (See Figure 27.1.1.) b. Amortization of Nonconformities Within a required sight-distance-triangle, any legal nonconforming landscape plant materials shall conform to these regulations within three (3) years of the date of adoption of this ordinance. Any legal nonconforming fences, divisional walls, or signs shall conform to these regulations within five (5) years. For more specific requirements regarding nonconforming situations, see Section 25. 3. Support columns, poles, or posts, shall be permitted to be constructed up to one (1) foot higher than the permitted fence heights, however, the columns, poles, or posts, cannot be constructed in such a manner as to constitute a traffic hazard due to obstruction of view. No such column, poles, or posts, which extends above the maximum fence height shall be permitted to be constructed greater than two ft. by two ft. (2 x 2) and no less than ten (10) feet on center. 4. Fences and Divisional Walls Permitted: a. Masonry Walls b. Ornamental Iron c. Woven Wire and chain link d. Wood e. Hedges f. Barbed Wire: 1. Only in Agricultural One (A-1) zone districts, or within any zone district if located within Flood Plain areas, or in Residential zones for the keeping of large animals where allowed provided any barbed wire is located at least three (3) feet inside of another permitted fence and that other fence is at least 42 inches high; or 2. Commercial and Industrial Zone districts where placed on top of a six foot high fence or higher where permitted. Barbed wire placed on top of a fence shall not be counted toward the height of a fence. The barbed wire placed on top of a fence shall not be greater than two (2) ft. in height and shall point inwards towards the the property. 5. Fence Type Prohibited: Sec. 27 Page 2 a. Any fence, if in the opinion of the Chief Building Inspector, Public Works Director, or Chief of Police that would constitute a hazard to the health or safety of any person; and b. Any fence which does not comply with the provisions hereof, unless a variance has been approved. 6. Planned Developments: Fences and divisional walls within a Planned Develop- ment may vary from the standards set forth herein, however in such case they must be in conformance with the provisions specifically set forth for fencing and walls as approved in the Official Development Plan. 7. Recreational Fences: a. Open fences (over 80% open) may be constructed to a height not to exceed 10 feet for the uses listed below. Such fences shall conform to all setback requirements for structures in this district: Recreational uses: (1) Tennis Courts (2) Volley Ball Courts (3) Swimming Pools (4) Golf Driving Ranges (5) Goals and Backstops (6) Other similar uses b. Swimming pools shall be enclosed by a six foot fence with all gates being self-locking and closed and kept locked when the pool is not in use. In situations where the six foot fence requirements exceeds other fence height requirements, except for sight distance requirements, the higher requirement shall take precedence. 8. Maintenance: All fences shall be maintained in a structurally sound and safe condition, and shall not be allowed to deteriorate so as to become unsightly nui- sance to neighboring property or to the general public. N. BED & BREAKFAST ROOMS Bed & Breakfast rooms are allowed as a Special Use as a subordinate use of single family dwelling subject to the following requirements: a. The dwelling must be occupied by an owner or permanent on-site manager. b. In addition to the owner's (manager's) sleeping quarters and those of his family who also legally reside within the dwelling, up to a maximum of four(4) additional sleeping quarters for transient occupancy Sec. 27 Page 3 may be provided for rent based upon the following requirements: (1) 12,500 square feet of lot area is required for the first Bed & Breakfast room. (2) An additional 1,000 square feet of lot area is required for each additional room, up to a maximum of four (4) Bed & Breakfast rooms in total. (3) Off-street parking, in addition to the spaces required for the single family dwelling, shall be provided at the rate of one (1) space for each Bed & Breakfast room. The location, surfacing, buffer- ing and access requirements for such parking shall be established by Planning Commission and City Council as the required Site Plan is reviewed by those approving bodies. (4) Rooming and boarding is excluded as an accessory use where Bed & Breakfast use is permitted. C. All Building, Fire, Health, and other applicable codes of laws shall be met prior to issuance of a Certificate of Occupancy for the use, even though the Special Use may have been approved. d. Signage: One (1) non-illuminated free standing or wall sign, not in excess of four (4) square feet per face. Free standing signs shall be setback at least ten (10) feet from property lines, and fifteen feet (15) from driveways, and shall be no higher than four (4) feet. 0. Access to Public Streets No building permit or certificate of occupancy shall be issued or approved for any structure not adjacent to a full width dedicated street as required in the Subdivision Regu- lations of the City of Wheat Ridge or in a situation where such requirement cannot be met, on easement(s) or private roadway(s) of record having a minimum width of twenty-five (25) feet. For residential uses, no more than four (4) dwelling units may use the same recorded easement or private roadway of record. For non-residential uses in residential zone districts, no more than 10,000 square feet of gross floor area, either individually or in combination, will be permitted to use the same easement or private roadway. Commercial and industrial uses will be permitted such private easements or roadways only after review and approval by the Public Works Director, Planning and Development Director, and Fire District. All private easements or roadways shall be designed to permit either an adequate vehicle turn-a-round if a dead end, or through circulation. Sec. 27 Page 4 For non-residential uses, such private access shall have a paved, unobstructed driving surface for the entire 25 feet of width. For residential uses, the first 25 feet from edge of pavement of a public street, into the property, shall be paved to a width of no less than 20 feet, and the remaining access road shall be developed to at least 20 feet of width, either a paved surface or other all weather surface including a gravel base. P. Residential Group Homes 1. Residential Group Homes for eight or fewer Developmentally Disabled persons, mentally ill persons, or for Elderly persons. In accordance with Colorado Revised Statutes, 1973 as amended, Section 31-23-303, group homes for not more than eight developmentally disabled, mentally ill persons, and elderly persons are permitted under the following conditions: a. Group Homes for the Developmentally Disabled. This is a residential facility, licensed by the State for the purpose of providing twenty-four hours staff care, shelter, supervision, training and/or rehabilitation to no more than eight (8) developmentally disabled persons and additional required staff. As defined in CRS 31- 23-303, "Developmentally Disabled means those persons having cerebral palsy, neuro-muscular, mental retardation, autism, and epilepsy". A Group Home for the Developmentally Disabled shall not be architec- turally designed so as to be inconsistent with the character of the surrounding neighborhood. Every Group Home for the Developmentally Disabled shall meet all requirements of a single family home and additionally shall meet the requirement that the lot area shall be a minimum of 1500 square feet for each bed contained with the home. No Group Home for the Developmentally Disa- bled shall be located closer than 2000 feet from anoth- er Group Home for the Developmentally Disabled and no closer than 750 feet to a Group Home for the Elderly and in no instance shall more than one (1) group home for eight (8) or fewer developmentally disabled persons permitted within each Council District. b. Group Home for Elderly Persons. This is a residential facility established as either an owner occupied or nonprofit group home for the exclusive use of not more than eight persons sixty years of age or older who do not need skilled and intermediate care facilities, plus no more than two (2) live-in staff persons. A Group Home for Elderly Persons shall not be architecturally designed so as to be inconsistent with the character of the surrounding neighborhood. Every Group Home for Elderly Persons shall meet all requirements of a single Sec. 27 Page 5 family home and additionally shall meet the requirement that the lot area shall be a minimum of 1500 square feet for each bed contained with the home. No Group Home for Elderly Persons shall be located closer than 2000 feet from another Group Home for Elderly Persons, and no closer than 750 feet to a Group Home for the Developmentally Disabled, and in no instance shall more than one (1) group homes for eight (8) or fewer elderly persons be permitted within each Council District. c. Group Homes for the Mentally 111. This is a residential facility for persons with mental illness, as that term is defined in Colorado Revised Statutes, Section 27-10-102, licensed by the State for the purpose of providing twenty-four hours staff care, shelter, supervision, training and/or rehabilitation to no more than eight (8) mentally ill persons and additional required staff. A Group Home for the mentally ill shall not be architecturally designed so as to be inconsistent with the character of the surrounding neighborhood. Every Group Home for the mentally ill shall meet all requirements of a single family home and additionally shall meet the requirement that the lot area shall be a minimum of 1500 square feet for each bed contained with the home. No Group Home for the mentally ill shall be located closer than 2000 feet from another Group Home for the mentally ill and no closer than 750 feet to a Group Home for the Elderly or Developmentally Disabled and in no instance shall more than one (1) group home for eight (8) or fewer mentally ill persons permitted within each Council District. d. Prior to occupancy of any Group Home for the mentally ill, the Developmentally disabled or Elderly Person, a Certificate of Occupancy must be requested through the Department of Community Development. The Planning Division shall review such requests relative to all zoning requirements, and the Building Inspection Divi sion shall review such requests relative to the Build- ing and Fire Codes prior to issuance of a Certificate of Occupancy. In addition, the Department of Community Development shall post a sign on the premises, , in a highly visible location, for a time period of fifteen (15) days prior to the issuance of a Certificate of Occupancy, with such sign announcing the intent to occupy the premises with a group home. The sign is for information purposes only so that interested parties may review the proposal in the Department of Community Development. Sec. 27 Page 6 2. Residential Group Homes for nine or more Developmentally Disabled persons or Elderly persons. Such group homes, as defined, described and conditioned under subsection B. of this section, but where nine or more developmentally disa- bled or elderly persons are to occupy a group home, shall be permitted only upon approval of a Special Use Permit, after public hearing by Planning Commission and City Coun- cil. In addition to the standards and criteria set forth under subsection B. of this section, which apply to Group Homes for Developmentally Disabled and Elderly Persons, the following shall be required in order to provide information for Planning Commission and City Council to reasonably assess the potential impacts to the community when consid- ering approval of a Special Use Permit. a. A Site Plan of the site indicating property boundaries and total area, location and extent of all existing and proposed buildings; parking and circulation areas; landscaping and buffering, fences, walls, etc.; recrea- tional facilities and open space; outdoor light- ing facilities; trash receptacles; or any other physi- cal features that might help identify the expected character of the proposed facility. b. For Homes for the Developmentally Disabled, a letter from the agency licensing the facility with the follow- ing information: 1. The fact that the agency has licensed or is preparing to license the facility, 2. Special needs of the residents, such as on-site schooling or training, and any facilities needed to meet such special needs. 3. The number of persons for whom the license is being issued. 4. The approximate ages of the persons expected to occupy the group home. C. For Homes for the Elderly, information submitted which describes the following: 1. Maximum number of persons to occupy the home. 2. Explanation of the general organization and management of the household. 3. Residential Group Home for Children. This is a residential facility, lawfully licensed or certified by Jefferson Sec. 27 Page 7 County Social Services Department, or the State of Colora- do, and supervised by Jefferson County Social Services Department, which provides shelter, care, and/or staff supervision. A Residential Group Home for Children shall maintain a minimum lot area of 1500 square feet for each child residing at the home; shall be located no closer than 2000 feet from another group home of any kind; shall pro- vide view obscuring screening of any additional structure, such as a trash dumpster or playground equipment associated with the group home which is inconsistent with the charac- ter of the surrounding neighborhood. In no instance shall more than one (1) such group home be permitted per each Council District. In order to assess a proposed Residen- tial Group Home facility, the following information shall be submitted by the applicant and used by Planning Commis- sion and City Council in considering approval of a Special Use Permit: a. A Site Plan of the site indicating property boundaries and area location and extent of all existing and pro- posed buildings; parking and circulation areas; land- scaping and buffering, fences, walls, etc.; recrea- tional facilities and open space; outdoor lighting facilities; trash receptacles; or any other physical features that might help identify the expected charac- ter of the proposed facility. b. A letter from the agency licensing the facility with the following information: 1) The fact that the agency has licensed or is preparing to license the facility. 2) Special needs of the residents, such as on-site schooling or training, and any facilities needed to meet such special needs. 3) The number of children for whom the license is being issued. 4) The approximate ages of the children. 5) The proposed procedures and methods to be used in operating the facility; i.e. permanent resident staff, rotating staff, owner occupied residence, etc. C. Any Special Use Permit granted pursuant to this section shall be limited to its effectiveness to the applicant therefore, and shall provide, by its terms, for termi- nation upon cessation of ownership, management or use of said applicant. The limitation specified in this subpart c, is deemed necessary by the City Council in Sec. 27 Page 8 order to maintain the maximum lawful authority over the use and user approved by any such issued Special Use Permit, and is deemed necessary to protect the integrity and character of surrounding properties and neighborhoods. In order to achieve that objective, the City Council, prior to granting such Special Use Per- mit, shall be required to determine that the proposed group home will not have an adverse effect on the residential character and quality of life in the par- ticular neighborhoods of its location. The Council may not deny a Special Use Permit for a proposed residen- tial group home solely on the basis of neighborhood opposition, where no valid and substantive evidence has been offered to show that the proposed residential group home would have such adverse effect. d. The Special Use Permit for any residential group home shall be for a term of one year, and shall be automati- cally renewable by the Director of the Department of Community Development upon receipt of any application for renewal if, following review of the files of all City departments and those of the County Department of Social Services, it is determined that no written verifiable complaints concerning the operation of the group home during the term of the Special Use Permit have been received. If any such complaint has been received, the application for renewal must be heard by the City Council under the same requirements as for a new Special Use Permit. Q.1. Home Occupation. Class I. The use of a portion of a dwelling or accessory structure for commercial or business activities customarily conducted in the home and which are incidental to the primary use as a home or residence, provided however that the following requirements are met: a. Such use shall be conducted entirely within a dwelling or accessory structure except for sales of plants and produce grown on the premises and carried on only by the inhabitants living there with the exception that should the operator be substantially, physically handi- capped, that a nonresident may be employed to assist the operator in his work to the extent he requires it to make up for his physical handicap. b. Such use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the character thereof. Sec. 27 Page 9 C. The total area used for said purposes shall not exceed twenty-five (25) percent of the gross floor area of the user's dwelling unit. d. No signage shall be allowed on site to identify Home Occupation. e. No home occupation shall create negative impacts for the residential neighborhood, and it shall not change the residential character thereof. f. The use shall not generate traffic, noise, vibration, glare, fumes, odors, or electrical interference beyond what normally occurs in any residential zone district. g. There shall be only incidental storage of stocks, supplies or products related to the occupation con- ducted on the premises. Merchandise stored or mer- chandized on the premises which is either for retail sales or for delivery of pre-sold items, shall be limited to a maximum area of 100 square feet. h. There shall be no exterior storage materials, products, or equipment home occupation, nor shall there dence, from any property line, signs, of operating a home occupai of plants and produce grown on the on the premises of used as part of the be any visible evi- except by approved ;ion except for sales premises. i. Parking related to the home occupation shall be confined to the street frontage of the lot in question, the driveway, and the garage/carport. In instances where the home is used as an office for business conducted off-premises, such as by way of example, a home improvement contractor, lawn care service, etc., storage of materials, tools, equipment, trailers, trucks or vans, used in the business except as speci- fied below, shall not be permitted upon the premises from which the home occupation operates. In addition, parking of vehicles of employees who work off of the premises, shall not be permitted upon the premises or upon streets adjacent to the premises. The home occu- pant may park no more than two (2) automobiles and/or one (1) truck or van, used in the business upon the premises or within street frontage where allowed, provided that any such truck or van does not exceed a one (1) ton chassis. It is preferred that all tools, equipment and materials be totally enclosed within this vehicle, or within enclosures attached to the vehicle. j. Home occupations shall be limited to the following business or commercial activities: Sec. 27 Page 10 (1) Craft work, such as the making of pottery, jewelry, or dolls, flower arranging, smithing and woodworking. (2) Garment work, such as tailoring, dressmaking, millinery work, ironing and garment repair. (3) Office uses, such as office uses for door-to-door, home party and telephone solicitation sales, investment counseling, typing, notary public, travel services, surveyors, physicians, dentists, lawyers, accountants, architects, engineers and other similar services. (4) Repair services for electronics, small appliances, and mechanical devices, bicycles and upholstery. (5) Tutoring, music lessons, dance lessons, gymnastics lessons, swim lessons and tennis lessons. (6) Artistic endeavors, such as art studios, portrait studios, photography studios, writing and lithography. (7) Garage sales, not to exceed four (4) three-day periods, which need not be consecutive, per calendar year. (8) Hair care services carried on by only one (1) inhabitant of the dwelling. Notwithstanding 28.16.a., no other employee shall be permitted. ( 9) Small Day Care Home. (10) Sales directly related to, but merely ancillary to, the primary home occupation, such as: (a) Sale of hair care products by a beautician or barber. (b) Sale of accompaniment items, such as neckties, bows, ribbons, or belts for a tailor or dressmaker. (c) Sale of component parts or accessories used in repair services for electronics, small appliances, bicycles, etc. (d) Supplies related to a class, course of instruction, or lessons conducted on the site. (e) Sales of artistic or craft works, which were created on the site, such as pottery, jewelry, dolls, portraits, paintings, sculptures, etc. (f) Sales of plants and produce grown on the premises. Sec. 27 Page 11 (11) Delivery of pre-sold items which were sold either over the telephone, by door-to-door solicitation, or at home parties, such as: Beauty products, kitchen ware, home products, etc. (12) Other similar uses as approved by the Zoning Administrator or Board of Adjustment and when in conformance with the standards and requirements set forth herein. k. In no event shall any of the home occupations permitted be interpreted to allow any of the following business or commercial activities. (1) Body or mechanical repair or modification of motor vehicles (for hire). (2) Animal hospital, kennel or animal grooming. (3) Residential Health Care facility. (4) Taxidermy of large animals and large fish, and/or curing of hides and skins. (5) Parking of vehicles for a fee or any other thing considered of value. 2. Home Occupation. Class II. The use of a portion of a dwelling or accessory structure for commercial or business activities customarily conducted in the home and which are incidental to the primary use as a home or residence, provided however that the following requirements are met: a. A Class II Home Occupation may be permitted only upon approval by Special Use Permit. b. In addition to the inhabitants living within a residential dwelling, one or two employees who do not reside upon the premises, may be employed and work upon the premises if approval by Special Use Permit. C. Such use shall be conducted entirely within a dwelling or accessory structure except for sales of plants and produce grown on the premises. d. Such use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the character thereof. e. The total area used for said purposes shall not exceed thirty-five (35) percent of the gross floor area of the user's dwelling unit. f. Such use shall only be allowed on arterial streets and the following collector streets: W. 38th Ave. east of Wadsworth, W. 44th Ave. Harlan to Youngfield, Harlan St. from W. 38th Ave. to I-70. Sec. 27 Page 12 g. The only advertising signage permitted shall be one (1), non-illuminated, non-reflective, nonobstrusive, wall or arcade sign which does not exceed two (2) square feet in area. Signs will be approved by the Zoning Administrator and shall be permitted only after a sign permit has been obtained. h. No home occupation shall create negative impacts for the residential neighborhood, and it shall not change the residential character thereof. i. The use shall not generate traffic, noise, vibration, glare, fumes, odors, or electrical interference beyond what normally occurs in any residential zone district. j. There shall be only incidental storage of stocks, supplies or products related to the occupation conduct- ed on the premises. Merchandise stored or merchandized on the premises which is either for retail sales or for delivery of pre-sold items, shall be limited to a maximum area of 200 square feet. k. There shall be no exterior storage materials, products, or equipment home occupation, nor shall there dence, from any property line, signs, of operating a home occupai of plants and produce grown on the on the premises of used as part of the be any visible evi- except by approved :ion except for sales premises. 1. Parking related to the home occupation shall be confined to the street frontage of the lot in ques- tion, the driveway, and the garage/carport./ All on- site parking areas shall be designed so as to accommo- date the needs of both the residential use, and the business use, shall be paved, and shall provide for on-site turn-a-around so that vehicles do not back out into the street. In addition to the standard residen- tial dwelling parking requirement, two on-site parking spaces per non-resident employee shall be required. In instances where the home is used as an office for business conducted off-premises, such as by way of example, a home improvement contractor, lawn care service, etc., storage of materials, tools, equipment, trailers,trucks or vans, used in the business except as specified below, shall not be permitted upon the premises from which the home occupation operates. In addition, parking of vehicles of employees who work off of the premises, shall not be permitted upon the premises or upon streets adjacent to the premises. The home occupant may park no more than two (2) automobiles and/or one (1) truck or van, used in the business upon the premises or within street frontage where allowed, provided that any such truck or van Sec. 27 Page 13 does not exceed a one (1) ton chassis. It is pre- ferred that all tools,equipment and materials be totally enclosed within this vehicle, or within enclo- sures attached to the vehicle. M. Home occupations shall be limited to the following business or commercial activities: (1) Craft work, such as the making of pottery, jewelry, or dolls, flower arranging, smithing and woodworking. (2) Garment work, such as tailoring, dressmaking, millinery work, ironing and garment repair. (3) Office uses, such as office uses for door-to-door, home party and telephone solicitation sales, investment counseling, typing, notary public, travel services, surveyors, physicians, dentists, lawyers, accountants, architects, engineers and other similar services. (4) Repair services for electronics, small appliances, and mechanical devices, bicycles and upholstery. (5) Tutoring, music lessons, dance lessons, gymnastics lessons, swim lessons and tennis lessons. (6) Artistic endeavors, such as art studios, portrait studios, photography studios, writing and lithography. (7) Garage sales, not to exceed four (4) three-day periods, which need not be consecutive, per calendar year. (8) Hair care services carried on by no more than three (3) employees including inhabitants of the dwell- ing. (9) Small Day Care Home. (10) Sales directly related to, but merely ancillary to, the primary home occupation, such as: (a) Sale of hair care products by a beautician or barber. (b) Sale of accompaniment items, such as neckties, bows, ribbons, or belts for a tailor or dressmaker. (c) Sale of component parts or accessories used in repair services for electronics, small appliances, bicycles, etc. Sec. 27 Page 14 (d) Supplies related to a class, course of instruction, or lessons conducted on the site. (e) Sales of artistic or craft works, which were created on the site, such as pottery, jewelry, dolls, portraits, paintings, sculptures, etc. (f) Sales of plants and produce grown on the premises. (11) Delivery of pre-sold items which were sold either over the telephone, by door-to-door solicitation, or at home parties, such as: Beauty products, kitchen ware, home products, etc. (12) Other similar uses as approved by the Zoning Administrator or Board of Adjustment and when in conformance with the standards and requirements set forth herein. R. n. In no event shall any of the home occupations permitted be interpreted to allow any of the following business or commercial activities. (1) Body or mechanical repair or modification of motor vehicles (for hire). (2) Animal hospital, kennel or animal grooming. (3) Residential Health Care facility. (4) Taxidermy of large animals and large fish, and/or curing of hides and skins. (5) Parking of vehicles for a fee or any other thing considered of value. o. The applicant shall be required to hold a neighborhood meeting to determine if the Home Occupation is an acceptable use in the neighborhood. BUILDING SETBACKS - Measurement thereof: Generally, building setback shall be measured at right angles from the closest property line, to the outer most wall of a building. Encroachment into required setback areas shall not be permitted except as follows. a. Porches, patios, decks and balconies which are open on at least two sides may encroach into a front setback up to eight (8) feet, or into a side or rear yard a maxi- mum of one-third the distance to the closest property line. b. Architectural Features: Cornice, eave belt course, sill, canopy or other similar architectural features, including bay windows may extend or project into a required front, side or rear yard not more than thirty inches (30"). Sec. 27 Page 15 C. Chimneys: Chimneys may project into a required front, side or rear yard not more than two feet (2'); provid- ed, the width of such yard is not reduced to less than three feet (31). d. A fire escape or open stairway may extend into any front, side or rear yard; provided, the width of such yard is not reduced to less than three feet (3'). SECTION 3. 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 4. 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 5. 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. SECTION 6. This ordinance shall take effect June 1, 1989. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 10th day of April , 1989, 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 April 24 , 1989, at 7:30 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado Sec. 27 Page 16 READ, ADOPTED, AND ORDERED PUBLISHED on second and final reading by a vote of 7 to 1 this nth day of AprT i l 1989. SIGNED by the Mayor on this 25th day of April , 1989. ATTEST: Wanda Sang, City, lerk 1st Publication: April 13, 1989 2nd Publication: May 11, 1989 Wheat Ridge Sentinel: Effective Date: June 1, 1989 Dan Wilde, Mayor APPROVED AS TO FORM BY OFFICE O j C A7 ORNNEY: John . Hayes Sec. 27 Page 17