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HomeMy WebLinkAboutOrdinance-1989-0799INTRODUCED BY COUNCILMEMBER WORTH Ordinance No. 799 Series of 1989 TITLE: AN ORDINANCE REPEALING AND REENACTING VARIOUS SUBSECTIONS OF SECTION 2-53 AND 2-61 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE (1989) RELATING TO THE MEMBERSHIP, POWERS AND DUTIES OF THE BOARD OF ADJUSTMENT AND ESTABLISHING VOTING MAJORITY REQUIREMENTS FOR SAID BOARD OF ADJUSTMENT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Subparts (b) (c) and (d) of Section 2-53. Qualifications of Members; Appointment and Term; Removal; Vacancies. of the Code of the City of Wheat Ridge (1989) are hereby repealed and reenacted as follows: (b) All boards and commissions, except the beard adjustment, shall consist of eight (8) regular members, to be appointed by a majority vote of the members of the city council. Regular members of all boards and commissions shall have equal voting strength on their respective board or commission, and shall be authorized to attend, participate in, and vote at their respective board or commission meetings. The attendance of five (5) regular members shall constitute a quorum for the transaction of business at each meeting of such boards and commissions, and, EXCEPT AS PROVIDED HEREIN IN SUBSECTION (d), the affirmative vote of a simple majority shall be required to adopt any motion or make or ratify any decision of the board e€ OR commission. (c) Members of boards and commissions shall serve terms of three (3) years, and such members may be reappointed to serve additional three-year terms of office. All appointments to all boards and commissions shall be made to achieve equal representation from each council district to each board or commission. EXCEPT AS PROVIDED IN SUBSECTION (e) HEREOF, all members of boards or commissions presently serving shall be entitled to complete the terms for which they were appointed, and shall be subject to reappointment at the discretion of city council. (d) NOTWITHSTANDING ANY OTHER PROVISION IN THIS SECTION 2-53, THE FOLLOWING VOTING RULES SHALL BE IN EFFECT FOR ALL MATTERS REQUIRING DECISION BY THE BOARD OF ADJUSTMENT (OR FOR ANY MATTER REQUIRING DECISION BY THE PLANNING COMMISSION OR THE CITY COUNCIL UNDER SECTION 26(D) OF THE ZONING ORDINANCE OF THE CITY): MEMBERS PRESENT VOTES NEEDED TO APPROVE 8 6 7 6 6 5 5 4 Section 2. Subsection 2-61. Board of Adjustment of the Code of Laws of Wheat Ridge (1989) is hereby repealed and reenacted as follows: Sec. 2-61. Board of Adjustment. (a) The board of adjustment shall have the authority to hear and decide requests for variances and waivers of the city zoning ordinance, floodplain zoning ordinance, and sign code, and for interpretation of those ordinances and codes and the subdivision regulations, subject to those guidelines set forth in the Zoning Ordinance, Section 26.D. and as approved by the city council in the form of official rules and regulations for the board of adjustment. (b) The board of adjustment has the responsibility, in accordance with the Zoning Ordinance, Section 26.D, to permit in any district a temporary building which is used for a permitted use in that district, or a temporary use of land which is not allowed in that district; such permit is to be issued for no longer than one (1) year per application. (c) In exercising the above-mentioned powers, the board may, in conformity with all other appropriate provisions of law, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises, and to that end shall have all the powers of the Zoning Administrator. (d) The board of adjustment shall hold a public hearing on all applications and appeals, in accordance with public hearing notice and procedure requirements set forth in Section 26.D and F of the Zoning ordinance, with the following special conditions required: (1) Any final determination of the board of adjustment shall be reported in writing over the signature of the chairman of such board, and a copy of such report shall be furnished 2 the applicant, the planning commission and the city clerk. The board of adjustment shall authorize issuance of any permits, licenses or other instruments necessary to implement or enforce such determination. (2) Every decision of the board on any case shall be by resolution indicating the reasons of the board therefor. (3) The final disposition of any appeal from the Zoning Administrator before the board of adjustment shall be in the form of a resolution either affirming, reversing or modifying the order, requirement, decision of determination appealed from. If a resolution fails to receive THE REQUIRED NUMBER OF VOTES AS SET FORTH BY SECTION 2-53, SUBSECTION (d) , €eur (-4) des in favor of the appellant upon appeal or of the application for a variation from the zoning regulations, the action will be deemed equivalent to a denial, and a resolution denying such application or appeal shall be formally entered upon the record unless there member be a absent at the , l , and „less in whieh ease the matter will be laiel ever for hear-ing befere the full i beard. (4) No request to grant a hearing will be entertained unless new evidence is submitted which could not have been, with due diligence, presented at the previous hearing or at least one (1) year has passed since the date of the decision on the previous application or appeal. (e) The board shall adopt bylaws and rules of procedure that shall be approved by a majority vote of the city council. (f) Appeals of any decision of the board of adjustment may be made by any application or the city to the district court. 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 application to other persons or circumstances. Section 4. 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 3 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 property legislative object sought to be attained. Section 5. This ordinance shall become effective 15 day(s) after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 0 on this 22nd day of May , 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 Monday, June 12 , 1984, 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 8 to 0 this 12th day of June , 1989. SIGNED by the Mayor on this 13th day of June 1989. Dan Wilde, Mayor ATTEST: l Wanda Sang, City g"lerk APPROVED AS TQ FORM BY OFFICE OF C~Y AITTORN/E~Y John Hayes, Cit Attorney 1st Publication: May 25, 1989 2nd Publication: June 15, 1989 Wheat Ridge Sentinel: Effective Date: June 30, 1989 4