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repealed and reenacted as follows: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
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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of Laws of Wheat Ridge (1989) is hereby repealed and reenacted as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
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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
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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:
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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
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