HomeMy WebLinkAboutOrdinance-1989-0790INTRODUCED BY COUNCILMEMBER MERKL
Ordinance No. 790 ,
Series of 1989
TITLE: AN ORDINANCE AMENDING SECTION 28 OF APPENDIX A,
ZONING ORDINANCE, OF THE CODE OF LAWS OF THE CITY OF
WHEAT RIDGE, RELATING TO DEFINITIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO:
SECTION 1. The following Definitions of Section 28., of Appendix
A, Zoning Ordinance of the Code of Laws of the City of Wheat
Ridge, are hereby repealed:
3. Building Height
10. Family
16. Home Occupations
29. Lot line, front
44a. Group Homes for Children
49. Story
63. Zoning Administrator
SECTION 2. The following Definitions of Section 28., of Appendix
A, Zoning Ordinance of the Code of Laws of the City of Wheat
Ridge are hereby reenacted:
3. BUILDING HEIGHT: The vertical distance measured from the
average elevation of the finished grade of the building to
the highest point of the roof surface if a flat roof, or to
the deckline of a mansard roof, or to the mean height
level between eaves and ridge for a gable, hip, gambrel, or
other roof. (See Figure 28.1.) The height of a stepped or
terraced building is the maximum height of any segment of
the building.
The building height limitations established shall not apply
to the following: church steeples, silos, decorative domes
and cupolas not used for human occupancy or any commercial,
business or industrial use, nor to windmills, chimneys,
ventilators, transmission towers, solar heating and cooling
devices, or necessary mechanical appurtenances normally
carried above the roofline.
4. CUL-DE-SAC: A non-thru or dead-end local street with special
features (bulb) for the turning around of vehicles. (See
Figure 28.3.)
6. CUL-DE-SAC LOT WIDTH: A cul-de-sac lot will have at least
thirty (30) feet of street frontage. The average width of
this lot shall be equal to the minimum required frontage of
standard lots within any given zone district. (See Figure
28.3.)
Sec. 28 Page 1
10. FAMILY: One (1) or more persons related by blood, marriage
or adoption, plus domestic servants employed for service on
the premises, or a group of not more than three (3) persons
who need not be so related living together as a single
housekeeping unit. FIVE PEOPLE OVER THE AGE OF SIXTY (60)
SHARING ONE HOUSEKEEPING UNIT SHALL ALSO BE DEEMED TO BE A
FAMILY.
For the purpose only of computing the maximum allowable
density of 21 units per acre provided for in the Wheat
Ridge Home Rule Charter, the following shall apply: If a
single housekeeping unit is designed for the use of more
than three unrelated persons, such as, but not limited to,
the handicapped or elderly, each three persons in any such
unit shall constitute one (1) family unit.
16. HOME OCCUPATION:
a. CLASS I: The use of a portion of a dwelling or
accessory structure for commercial or business activi-
ties customarily conducted in the home and which are
incidental to the primary use as a home or residence.
Non-resident employees are not allowed. (See Sec.
27.Q.1.)
b. 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. One or two non-resident
employees may be allowed with approval by Special Use
Permit. (See Sec. 27. Q.2. )
29. LOT LINE, FRONT: The common boundary line between an
interior lot (other than a through lot) and a street, or the
common boundary line between a corner lot (other than a
through lot) and that street toward which the principal or
usual entrance to the main building situated on such lot
more nearly faces, or the common boundary line between a
through lot and an adjacent street toward which the princi-
pal or usual entrance to the main building situated on such
lot most nearly faces. The front lot line of a flag lot
shall be determined by the lot line parallel with the near-
est street from which access is obtained.(See Figure 28.2.)
49. STORY: that portion of a building included between the
upper surface of any floor and the upper surface of the
floor next above, except that the topmost story shall be
that portion of a building included between the upper sur-
face of the topmost floor and ceiling or roof above. If
the finished floor level directly above a usable or unused
under-floor space is more than 6 feet above grade as defined
herein for more than 50 percent of the total perimeter or is
more than 12 feet above grade as defined herein at any
point, such usable or unused under-floor space shall be
considered as a story. (See Figure 28.1.)
Sec. 28 Page 2
63. ZONING ADMINISTRATOR:The Planning and Development Director
or a duly appointed designee.
SECTION 3. The following Definitions of Section 28., of Appendix
A. Zoning Ordinance of the Code of Laws of the City of Wheat
Ridge are hereby enacted:
l.a. BED & BREAKFAST ROOMS: A subordinate use of a single family
dwelling which offers sleeping rooms for over night tran-
sient occupancy, wherein there are no cooking facilities
located within the sleeping rooms, however where meals may
be prepared by the resident owner/manager in the dwelling
kitchen, and taken in a common dining room.(See Sec.27.N.)
2.a. BUILDING COVERAGE: The portion or percentage of the total
lot area which is covered by the main or accessory
buildings.
6.a. DAY CARE CENTER: A facility licensed by the State of
Colorado, which provides care of children with or without
compensation.
6.b DAY CARE CENTER, SMALL: A facility licensed by the State
of Colorado which is used exclusively for the purpose of
providing care with or without compensation of seven to
twenty four children.
6.c. DAY CARE HOME, LARGE: A home which is licensed under the
State of Colorado and which provides care with or without
compensation of seven to twelve children, from twenty-four
months to sixteen years of age, including the caretaker's
children not attending full-day school, as a day care,
preschool, day nursery or child care service.
6.d. DAY CARE HOME, SMALL: A home which is licensed under the
State of Colorado and which provides care, with or without
compensation, for not more than six (6) children under the
age of sixteen (16), including the caretaker's children not
attending full-day school, as a day care, preschool, day
nursery or child care service.
26a. LOT COVERAGE: The percentage of a lot or parcel that is
covered by main buildings, accessory structures and/or
paving.
28a. LOT, IRREGULAR: a lot where there is no discernable side or
rear lot line. The zoning administrator shall designate
side and rear lot lines on irregular lots, for the purpose
of establishing setback requirements, based upon overall lot
configuration and with regard to adjacent properties.
(See Figure 28.2.)
Sec. 28 Page 3
28b. LOT, FLAG: A lot which is situated such that the front
lot line does not abut a public street. Primary access is
by a private or privately shared drive leading to a street.
The front lot line of a flag lot is that property line most
parallel to the street from which access is gained.
44. RESIDENTIAL GROUP HOMES:
a. Residential Group Home for Children. This is a
residential facility which is licensed by the Jefferson
County Social Services Division for the purpose of
providing up to 24 hour care, supervision, and/or
training for children under the age of 18 years. Those
children placed in a home under the age of 18 but who
remain in the home after reaching the age of 18 shall
be considered a child under this definition until
reaching the age of 21. Group homes for children do
not include facilities for the placement of children by
the Youth Services Division of the Department of Insti-
tutions, the Mental Health Division of the Department
of Institutions, or the Alcohol and Drug Abuse Division
of the Department of health, even if licensed by
Jefferson County Department of Social Services. (See
Sec. 27.P.).
b. 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
developmentally disabled persons and additional re-
quired staff. (See Sec. 27.P.)
C. 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 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. (See Sec. 27.P.)
Sec. 28 Page 4
d. Group Home for Mentally Ill Persons. This is a
residential facility for mentally ill persons, as
defined by 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 mentally ill persons
and additional required staff. (See Section 27.P.)
44.d.ROOMING/BOARDING: An accessory use to a dwelling, where in
addition to a family as defined herein, not more than two
(2) persons not related to the family are provided lodging
and meals for compensation, either paid directly or indi-
rectly, and on a contract basis of not less than seven (7)
days.
C. FIGURES: The attached figures are supplemental to the
above definitions.
Building Height
Average Grade.....
Actual Grade -
1
r i
Figure 23.1. Building height, story, 9 grade.
Computing Average Grade
•••431•-.
• 430__ .i
-129-
-428--'.
427•, ,
429
431
431
429
~J=•43o•Average Grade
center
Sec. 28 Page 5
Figure 28.2
Lot Configurations
REAR I" LINE
Mt LOT LINK
REAR LOT LINK
FRONT
LOT LINE
FRONT LOT LINE
OF FLAG LON
'FRONT LOT LINE
,.FONT LOT LINE
Figure 28.3. Front setbacks for structures on lots or portions
of lots which abut cul-de-secs, may be reduced to 10
feet for those portions of lots which abut a cul-de-sac
bulb.
SECTION 4. 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 5. 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 6. 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 7. 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
READ, ADOPTED, AND ORDERED PUBLISHED on second and final
reading by a vote of L to 1 this 24th day of April ,
1989.
SIGNED by the Mayor on this 25th day of April , 1989.
ATTEST:
Wanda Sang, City,,Clerk
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 OF CITY~Ar~TORNEY:
J
Sec. 28 Page 6