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HomeMy WebLinkAboutOrdinance-1989-0801INTRODUCED BY COUNCILMEMBER MERKL Ordinance No. 801 Series of 1989 TITLE: AN ORDINANCE REPEALING AND REENACTING VARIOUS SECTIONS OF APPENDIX A. ZONING ORDINANCE, OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE RELATING TO COMMERCIAL AND INDUSTRIAL DISTRICTS: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Appendix A. Zoning Ordinance, of the Code of Laws of the City of Wheat Ridge, Section 16. Restricted Commercial-One District, is hereby repealed and reenacted to read as follows: SECTION 16. RESTRICTED-COMMERCIAL-ONE DISTRICT/ RC-1 A. INTENT AND PURPOSE: This district is established to provide for a reasonably com- patible transition between residential and more intensive commercial land uses. It provides for residential scale, neighborhood oriented professional offices and services which, by their nature and through design limitation, will promote neighborhood stability and protect neighborhood values and character. The district also provides limited neighborhood oriented retail uses by Special Use approval. B. PERMITTED PRINCIPAL USES: No building or land shall be used and no building shall be hereafter erected, converted or structurally altered unless otherwise provided herein except for one or more of the follow- ing uses: 1. Art galleries or studios. 2. Banks, loan and finance offices. 3. Clinics and offices for psychological, social, marital, developmental or similar counseling and treatment, including counseling and treatment for substance abuse and alcoholism, however not including residential facilities or residential treatment. 4. Community buildings, Y.M.C.A.'s, Y.W.C.A.'s, churches, libraries, parks, museums, aquariums and art galleries. 5. Golf courses (but not including miniature golf or putting ranges, driving ranges, private clubs or restaurants) and those uses commonly accepted as accessory thereto when located on the same premises. 1 6. Government or quasi-governmental buildings and offices or public utility building where outside storage, operations or repair facilities are not planned. 7. Homes for the aged, nursing homes and congregate care homes. 8. Medical and dental offices, clinics, or laboratories. 9. Offices, general administrative, business and professional. 10. Parking of automobiles of clients, patients, patrons, or customers of the occupants of adjacent commercial districts. 11. Schools; public, parochial and private (including private, vocational trade or professional schools), colleges, universities, preschools and day nurseries (including those uses commonly accepted as necessary thereto when located on the same premises.) 12. Service establishments as listed below: a. Hair, nail, and cosmetic services. b. Interior decorating shop where goods, except samples, are not stored upon the premises. C. Pick up stations for laundry and dry cleaning. d. Shoe repair. e. Studio for professional work or teaching of fine arts, photography, music, drama, or dance. f. Tailoring, dressmaking, or clothing alteration shop. g. Watch and jewelry repair. 13. Residential Group Homes for eight or fewer Developmentally Disabled persons, mentally ill persons or for Elderly persons. (See Section 27.P. and Sec. 28.A.71.) 14. Any similar use which, in the opinion of the Zoning Administrator, or upon appeal of his decision, of the Board of Adjustment, would be compatible in character and impact with other uses in the district, would be consistent with the intent of this district, and which would not be objec- tionable to nearby property by reason of odor, dust fumes, gas, noise, radiation, heat, glare, vibration, traffic generation, parking needs, outdoor storage or use, or is not hazardous to the health and safety of surrounding areas through danger of fire or explosion. C. PERMITTED ACCESSORY USES AND ACCESSORY BUILDINGS 1. Food services primarily for the occupants of a building containing a permitted use, when located within the same building. 2 2. Electric transmission or other public utility lines and poles, irrigation channels, storm drainage facilities, and water supply facilities, and other similar facilities. 3. Residential uses in Commercial Zones shall be allowed under the following conditions: a. Residential use shall be located only on a floor other than the ground floor, or if located on the ground floor, restricted to the rear half of the building. b. Residential dwelling density shall not exceed one dwelling unit for each 5,000 square feet of lot area. C. Residential dwelling units shall be no less than 500 square feet each. d. Parking shall be supplied at the rate of one space per 300 square feet of floor area. e. Where it is intended to convert an existing residential structure, either partially or wholly to a commercial use, then commercial development standards shall be applied for parking, landscaping and residential buff- ering. Any changes to building floor area shall fully comply with all commercial development standards. f. No new residences as a primary or principal use shall be allowed. 4. Pharmacies and optical stores incidental to a medical or dental office within the same building. 5. Other similar uses or structures as approved by the Zoning Administrator or Board of Adjustment and when in confor- mance with standards and requirements set forth for similar uses. D. CONDITIONAL USES The following uses shall be permitted Wheat Ridge Planning Commission and procedures as set forth in Section 26 1. Electric transmission substations. E. SPECIAL USES only upon approval of the City Council, following A. The following uses shall be permitted only upon approval of the Wheat Ridge Planning Commission and City Council, following procedures as set forth in Section 26.B. 1. Blueprinting, photostatic copying, and other similar repro- duction services, however not including large printing, publishing and/or book binding establishments. Such uses shall be limited to no more than 2,000 square feet of building space devoted to any one or a combination of these uses. 3 2. Clinics for residential counseling and treatment of psychological, social, marital and developmental problems for substance abuse and alcoholism. 3. Golf courses, including private clubs, restaurants and lounges, and those uses commonly accepted as accessory thereto when located on the same premises. 4. Governmental buildings, fire station, sewer treatment plants and public utility buildings where outside storage, operations or repair facilities are planned. 5. Green houses and landscape nurseries, including both wholesale and retail sales of related products, provided however that bulk storage or piles of materials such as manure, peat, top soil, rock, sand, firewood, or similar material, are screened from view from adjacent properties by a view obscuring fence, six feet in height. Bulk storage or piles of such materials shall not be permitted within a front yard setback, and shall be no closer than twenty-five feet to a side or rear lot line which abuts residentially zone property, or where zoned Agricultural and there is a residential structure within fifteen (15) feet of the common property line. 6. Laundry and dry cleaning shop. 7. Locksmith shop. 8. Mortuaries and crematoriums. 9. Rooming and boarding house. 10. Small animal Veterinary hospitals or clinics where there are no outside pens or runs. 11. Stores for retail trade, limited to 2000 the amount of building space devoted to tions of the following retail use. a. Antique stores. b. Apparel and accessory stores. C. Bakeries, retail. d. Bicycle stores. e. Book stores, news stands, stationary f. Business machine or computer store. g. Camera and photographic service and h. Candy, nut and confectionery stores. i. Dairy products stores. j. Delicatessen. k. Floral stores. 1. Garden supplies store. sq.ft. or less for any one or combina- and card stores. supply. 4 M. Gift, novelty or souvenir stores. n. Hobby and craft stores. o. Jewelry stores. p. Music stores. q. Notions stores. r. Office supply store. S. Optical store. t. Paint and wallpaper store. U. Pet stores. V. Picture framing. W. Sporting goods store. X. Shoe store. y. Stationery store. Z. Television, radio, small appliance repair and service. aa. Tobacco store. bb. Toy store. cc. Video rental store. 12. Retail neighborhood grocery/convenience store, limited to 5000 square feet or less for the amount of building space devoted to retail use. 13. Residential Group Homes for nine or more Developmentally Disabled persons or Elderly persons. (See Section 27.P. and Section 28.A.71.) 14. Residential Group Home for Children. (See Section 27.P. and Section 28.A.71.) 15. Any other use not specifically listed in this district may be permitted as a Special Use where Planning Commission and City Council find, in addition to the standard review criteria for all Special Uses as set forth in Section 26.B., that a specific site is uniquely appropriate for the use proposed. F. DEVELOPMENT AND USE REGULATIONS 1. MAXIMUM HEIGHT: 35 ft. 2. MINIMUM LOT AREA: No limitation provided that all other requirements can be met. 3. MAXIMUM LOT COVERAGE: 900, with a minimum of 10% of the lot being landscaped. 4. MINIMUM LOT WIDTH: No limitations provided that all other requirements can be met. 5. FRONT YARD SETBACK: 30 feet minimum, except for: a. Structures on lots or portions of lots which abut a cul-de-sac bulb, then the setback may be reduced to 20 feet. 5 b. Structures on lots which abut Sheridan Blvd., Wadsworth Blvd., Kipling St., Ward Rd. north of West 44th Ave., and Youngfield St., shall be set back a minimum of 50 feet. 6. SIDE YARD SETBACK: Based upon the specific site, adjacent land use and adjacent public streets, one or more of the following requirements shall apply: a. 5 feet per story minimum, except a zero setback may be permitted where structures are constructed of masonry or non-flammable material and in accordance with the Uniform Building Code. b. In all cases, 30 feet where adjacent to a dedicated public street. C. In addition to building setback as required by subsection a. above, where a side yard abuts property zoned residential,or where zoned agricultural and there is a residential structure within fifteen (15) feet of the commercial property, a five foot per story landscaped buffer plus a six (6) foot high solid decorative wall or fence, shall be required between the building and the property line. 7. REAR YARD SETBACK: Based upon specific site, adjacent land use and adjacent public streets, one or more of the following shall apply: a. 10 feet for a one (1) story building and an additional five (5) feet per each additional story thereafter. b. In all cases, any rear yard which abuts a public street shall have a minimum setback of fifteen (15) feet for all structures. C. In all cases, any rear yard which abuts a public alley shall have a minimum setback for all structures of five (5) feet from the edge of the alley. d. In addition to building setback as required by subsection a. above, where a rear yard abuts property zoned residential, or where zoned Agricultural and there is a residential structure within fifteen (15) feet of the commercial property, a 5 foot per story landscaped buffer, plus a six (6) foot high solid decorative wall or fence, shall be required between the building and the property line. 8. Parking Requirements: See Section 27.1. 6 9. Landscape Requirements: See Section 27.2. 10. Fencing Requirements: See Section 27.M. 11. Sign Requirements: See Wheat Ridge Code of Laws, Chap. 9.A. Section 2. Appendix A of the Code of Laws of the City of Wheat Ridge, Section 17. Restricted Commercial District, is hereby repealed and reenacted to read as follows: SECTION 17. RESTRICTED COMMERCIAL DISTRICT/R-C A. INTENT AND PURPOSE: This district is established to accommodate various types of office uses performing administrative, professional and person- al services, and to provide for a limited range of retail uses which are neighborhood oriented. It is the intent that general retail uses that serves the community or region, wholesaling, warehousing, industrial, and uses which require outside storage or display be prohibited, as these uses are incompatible with other uses in this district. B. PERMITTED PRINCIPAL USES: No building or land shall be used and no building shall be hereafter erected, converted or structurally altered unless otherwise provided herein except for one or more of the follow- ing uses: 1. All uses permitted in the Restricted Commercial-One District as "Permitted Principal Uses." 2. Service establishments as listed below: a. Ambulance service b. Equipment Rental agencies which rent or lease any item permitted for sale in this district, and where all items for rent or lease are contained within buildings. Outside storage and display are prohibited. C. Exterminators. d. Interior decorating shop. e. Locksmith shop. f. Shoe repair. g. Tailoring, dressmaking, or clothing alteration shop. h. Watch and jewelry repair. 3. Stores for retail trade as listed below: a. Antique store, provided however that no more than 200 square feet of building area shall be allocated to repair. 7 b. Retail grocery/convenience store, limited to 5000 square feet or less for the amount of building space devoted to retail use. 4. Stores for retail trade, limited to 2000 sq.ft. or less for the amount of building space devoted to any one or combina- tions of the following retail space: a. Apparel and accessory stores. b. Bakeries, retail. C. Bicycle stores. d. Book stores, news stands, stationary and card stores. e. Business machine or computer store. f. Camera and photo graphic service and supply stores. g. Candy, nut and confectionery stores. h. Dairy products stores. i. Delicatessen. j. Floral stores. k. Garden supplies stores. 1. Gift, novelty or souvenir stores. M. Hobby and craft stores. n. Jewelry stores. o. Music stores. p. Notions stores. q. Office supply stores. r. Optical store. S. Paint and wallpaper store. t. Pet stores. U. Picture framing v. Shoe stores. W. Sporting goods stores. X. Stationary store. y. Tobacco stores. Z. Toy stores. aa. Television, radio, small appliance repair and service. bb. Video rental. 5. Any similar use which, in the opinion of the Zoning Administrator, or upon appeal of his decision, of the Board of Adjustment, would be compatible in character and impact with other uses in the district, would be consistent with the intent of this district, and which would not be objec- tionable to nearby property by reason of odor, dust fumes, gas, noise, radiation, heat, glare, vibration, traffic generation, parking needs, outdoor storage or use, or is not hazardous to the health and safety of surrounding areas through danger of fire or explosion. C. PERMITTED ACCESSORY USES AND ACCESSORY BUILDINGS 1. Residential uses in Commercial Zones shall be allowed under the following conditions: a. Residential use shall be located only on a floor other than the ground floor, or if located on the ground floor, restricted to the rear half of the building. 8 b. Residential dwelling density shall not exceed one dwelling unit for each 5,000 square feet of lot area. C. Residential dwelling units shall be no less than 500 square feet each. d. Parking shall be supplied at the rate of one space per 300 square feet of floor area. e. Where it is intended to convert an existing residential structure, either partially or wholly to a commercial use, then commercial development standards shall be applied for parking, landscaping and residential buff- ering. Any changes to building floor area shall fully comply with all commercial development standards. f. No new residences as a primary or principal use shall be allowed. 2. Food services primarily for the occupants of a building containing a permitted use, when located within the same building. Restaurants for general service to the public is not permitted as an accessory use. 3. Pharmacies and optical stores incidental to a medical or dental office when located within the same building. 4. Electric transmission or other public utility lines and poles, irrigation channels, storm drainage facilities, and water supply facilities, and other similar facilities. 5. Temporary Christmas tree, produce and bedding plant sales lots are permitted on undeveloped parcels, or upon devel- oped parcels, subject to the following requirements: 1. Temporary sales lots shall be permitted for no more than 90 days. 2. If located upon a parcel which is occupied by a primary use, the temporary sales area shall not occupy required parking spaces or fire lanes, and shall not be located within the required sight distance triangle of the intersection of two streets. 3. If located upon an undeveloped parcel, adequate off-street parking area for the use must be provid- ed. 4. Temporary fences, signs, structures and other improvements associated with the use shall meet all zoning and building code requirements. 5. No such temporary sales lot shall occupy a parcel without first having received an Administrative Temporary Use Permit, Business License, Sales Tax Licenses, and Building Permit(s) as may be required by the City of Wheat Ridge. 9 6. Any similar use which, in the opinion of the Zoning Administrator, or upon appeal of his decision, of the Board of Adjustment, would be compatible in character and impact with other uses in the district, would be consistent with the intent of this district, and which would not be objec- tionable to nearby property by reason of odor, dust fumes, gas, noise, radiation, heat, glare, vibration, traffic generation, parking needs, outdoor storage or use, or is not hazardous to the health and safety of surrounding areas through danger of fire or explosion. D. CONDITIONAL USES The following uses shall be permitted only upon approval of the Wheat Ridge Planning Commission and City Council, following procedures as set forth in Section 26.1.A. 1. Electric transmission substations. E. SPECIAL USES The following uses shall be permitted only upon approval of the Wheat Ridge Planning Commission and City Council, following procedures as set forth in Section 26.B. 1. Clinics for psychological, social, marital, developmental or similar counseling and treatment, including counseling and treatment for substance abuse and alcoholism; including both residential and non-residential facilities. 2. Golf courses, including private clubs, restaurants and lounges, driving ranges, miniature golf, and those uses commonly accepted as accessory thereto when located on the same premises. 3. Governmental buildings, fire station, sewer treatment plants and public utility buildings where outside storage, operations or repair facilities are planned. 4. Green houses and landscape nurseries, including both wholesale and retail sales of related products, provided however that bulk storage or piles of materials such as manure, peat, top soil, rock, sand, firewood, or similar material, are screened from view from adjacent properties by a view obscuring fence, six feet in height. Bulk storage or piles of such materials shall not be permitted within a front yard setback, and shall be no closer than twenty-five feet to a side or rear lot line which abuts residentially zone property, or where zoned Agricultural and there is a residential structure within fifteen (15) feet of the common property line. 5. Grocery stores, which may include no more than one (1) gasoline service island with no more than two (2) dispens- 10 ing pumps, limited to 5000 sq. ft. or less for the amount of the building space devoted to the retail use. 6. Hardware stores, limited to 2000 sq. ft. or less for the amount of the building space devoted to the retail use. 7. Laundry and dry cleaning shop. 8. Meat, poultry, or seafood stores, limited to 2000 sq.ft. or less for the amount of the building space devoted to the retail use. 9. Mortuaries and crematoriums. 10. Restaurant or cafe where food and beverages are ordered, served and consumed at a table or counter on the premises, or are taken-out to be consumed off of the premises. Drive-in or drive-up restaurants are not permitted. If approved by the Wheat Ridge Liquor Authority, beer and wine only, may be permitted only if served with a meal. The intent is to prohibit a lounge or tavern in conjunction with a restaurant, but to allow beer or wine only, to be served with a meal. 11. Residential Group Homes for nine or more Developmentally Disabled persons or Elderly persons. (See Section 27.P. and Section 28.A.71.) 12. Residential Group Home for Children. (See Section 27.P. and Section 27.P, and Section 28.A.71.) 13. Rooming and Boarding House. 14. Any other use not specifically listed in this district may be permitted as a Special Use where Planning Commission and City Council find, in addition to the standard review criteria for all Special Uses as set forth in Section 26.B., that a specific site is uniquely appropriate for the use proposed. F. DEVELOPMENT AND USE REGULATIONS 1. MAXIMUM HEIGHT: 50 ft. 2. MINIMUM LOT AREA: No limitation provided that all other requirements can be met. 3. MAXIMUM LOT COVERAGE: 90%, with a minimum of 10% of the lot being landscaped. 4. MINIMUM LOT WIDTH: No limitations provided that all other requirements can be met. 11 5. FRONT YARD SETBACK: 50 feet minimum, except as follows: a. 30 feet for structures on lots or portions of lots which abut a cul-de-sac bulb. b. 30 feet where the height of the building does not exceed 35 feet, and where the front setback area is completely landscaped, exclusive of ingress/egress drives on either side of a structure. c. Structures on lots which abut Sheridan Blvd., Wadsworth Blvd., Kipling St., Ward Rd. north of W. 44th Ave., and Youngfield St., shall be setback a minimum of 50 feet. 6. SIDE YARD SETBACK: Based upon the specific site, adjacent land use and adjacent public streets, one or more of the following requirements shall apply: a. 5 feet per story minimum, except a zero setback may be permitted where structures are constructed of masonry or non-flammable material and in accordance with the Uniform Building Code. b. In all cases, 30 feet where adjacent to a dedicated public street. C. In addition to building setback as required by subsection a. above, where a side yard abuts property zoned residential,or where zoned agricultural and there is a residential structure within fifteen (15) feet of the commercial property, a five foot per story landscaped buffer plus a six (6) foot high solid decorative wall or fence, shall be required between the building and the property line. 7. REAR YARD SETBACK: Based upon specific site, adjacent land use and adjacent public streets, one or more of the following shall apply: a. 10 feet for a one (1) story building and an additional five (5) feet per each additional story thereafter. b. In all cases, any rear yard which abuts a public street shall have a minimum setback of fifteen (15) feet for all structures. C. In all cases, any rear yard which abuts a public alley shall have a minimum setback for all structures of five (5) feet from the edge of the alley. d. In addition to building setback as required by subsection a. above, where a rear yard abuts property zoned residential, or where zoned Agricultural and there is a residential structure within fifteen (15) 12 feet of the commercial property, a 5 foot per story landscaped buffer, plus a six (6) foot high solid decorative wall or fence, shall be required between the building and the property line. 8. Parking Requirements: See Section 27.1. 9. Landscape Requirements: See Section 27.2. 10. Fencing Requirements: See Section 27.M. 11. Sign Requirements: See Wheat Ridge Code of Laws, Chap. 19A. Section 3. Appendix A of the Code of Laws of the City of Wheat Ridge, Section 18. Commercial-One District, is hereby repealed and reenacted to read as follows: SECTION 18: COMMERCIAL-ONE DISTRICT/C-1 A. INTENT AND PURPOSE: This district is established to provide for areas with a wide range of commercial land uses which include office, general business, and retail sales and service establishments. This district is supported by the community and/or entire region. B. PERMITTED PRINCIPAL USES: No building or land shall be used and no building shall be hereafter erected, converted or structurally altered unless otherwise provided herein except for one or more of the follow- ing uses: 1. All uses permitted in the Restricted Commercial District as "Permitted Principal Uses." 2. Adult entertainment establishments when in accordance with Wheat Ridge Code of Laws, Chapter 2A. 3. Assembly halls and convention facilities. 4. Automobile and light duty truck sales, and rental subject to the following requirements: a. Sales, rental, and service of a truck tractor or semi- trailer, is prohibited. b. All parking and vehicle display areas shall be paved. C. There shall be a minimum of 1500 feet of separation between sales lots. d. There shall be a minimum 10 foot landscape buffer adjacent to any public street, with such buffer to be 13 completely within the property boundaries, although the owner may additionally landscape that area between the front property line and the street improvements if approved by the Public works Director. There shall be no waivers of this landscape buffer requirement. e. Whenever a parking lot or display lot adjoins property zoned for residential use, a landscape buffer of twelve (12) feet from said lot boundary shall be required. Within the twelve (12) foot landscape buffer, a six (6) foot view obscuring fence or decorative wall shall be constructed. There shall be no waivers of this landscape and fence buffer requirement. f. There shall be at least one (1) interior landscaped island for each thirty (3) parking and/or vehicle display spaces. Each such landscape island shall occupy the equivalent of one (1) parking space, and each such required island shall be landscaped with a minimum of one (1), two (2) inch caliper tree or larg- er, and four (4) shrubs or acceptable living ground cover. 5. Auto service and repair and maintenance shops, including tire sales (but excluding recapping), muffler shops, auto and light duty truck fueling stations, detail shops, tune up shops, engine repair, transmission repair, alignment services, car wash, upholstery shops, radiator repair shops, lubrication service, and sound system shops. It is the intent to exclude body work, or painting, and to exclude any such use primarily for service, repair or maintenance to truck tractors or semi trailers. Body repair and painting may be allowed as a Conditional Use. 6. Banks, loan and finance offices. 7. Child care centers. 8. Clinics for psychological, social, or marital counseling and treatment, including counseling and treatment for substance abuse and alcoholism, and including residential treatment facilities. 4. Commercial Machine Shop. 10. Community buildings, Y.M.C.A.'s, Y.W.C.A.'s, churches, libraries, parks, museums, aquariums and art galleries. 11. Golf courses, including private clubs, restaurants, and lounges, miniature golf, or driving ranges, and those uses commonly accepted as accessory thereto when located on the same premises. 14 12. Government or quasi-governmental buildings and offices or public utility building where outside storage, operations or repair facilities are not planned. 13. Green houses and landscape nurseries, including both wholesale and retail sales of related products, provided however that bulk storage or piles of materials such as manure, peat, top soil, rock, sand, firewood, or similar material, are screened from view from adjacent properties by a view obscuring fence, six feet in height. Bulk stor- age or piles of such materials shall not be permitted within a front yard setback, and shall be no closer than twenty-five feet to a side or rear lot line which abuts residentially zoned property, or where zoned Agricultural and there is a residential structure within fifteen (15) feet of the common property line. 14. Homes for the aged, nursing homes and congregate care homes. 15. Hotel, motel, or bed and breakfast home for transient occupancy. There shall be one thousand (1000) square feet of gross lot area for each unit. 16. Indoor amusement and recreational enterprises such as roller rinks, bowling alleys, arcades, and similar uses. 17. Indoor Flea Market, however outdoor flea markets are prohibited. 18. Liquor store. 19. Medical and dental offices, clinics, or laboratories. 20. Mortuaries and crematories. 21. Motor fueling stations. 22. Offices; general business and professional offices. 23. Parking of automobiles of clients, patients and patrons of occupants of adjacent commercial districts. 24. Private clubs, social clubs, bingo parlors, and similar uses. 25. Restaurants, drive-in restaurants, ice cream sales and similar related uses. 26. Rooming and Boarding House. 27. Schools, public, parochial and private (including private, vocational trade or professional schools), colleges, universities, preschools and day nurseries (including those 15 uses commonly accepted as necessary thereto when located on the same premises.) 28. Service establishments as listed below: a. Ambulance service. b. Blueprinting, photostatic copying, and other similar reproduction services, however not including large printing, publishing and/or book binding establishments. C. Equipment rental agencies, provided however that the outside storage of trucks, trailers, or other equip- ment for rent shall be within areas screened from view from all streets and adjacent properties. d. Exterminators. e. Hair, nail, and cosmetic services. f. Interior decorating shop. g. Laundries and dry cleaning. h. Locksmith shop. i. Shoe repair. j. Studio for professional work or teaching of fine arts, photography, music, drama, or dance. k. Tailoring, dressmaking, or clothing alteration shop. 1. Upholstery shop. M. Watch and jewelry repair. 29. Small animal Veterinary hospitals or clinics where there are no outside pens or runs for dogs. 30. Stores for retail trade as listed below: a. Antique store. b. Apparel and accessory stores. C. Appliance stores and incidental service and repair. d. Art galleries or studios. e. Automotive parts and supplies sales. f. Bakeries, retail. g. Bicycle stores. h. Boat, campers, and travel trailer sales and services. i. Book stores and news stands. j. Butcher shop and food locker, but not including food processing. k. Business machine or computer stores. 1. Camera and photographic service and supply stores. M. Candy, nut and confectionery stores. n. Caterers. o. Dairy products stores. p. Delicatessen. q. Department or variety stores r. Drug stores. S. Dry goods stores. t. Electrical and supplies and service, but not including contractors storage yards. U. Floral shop. 16 V. Furniture stores. W. Garden supplies stores. X. Gift, novelty or souvenir stores. y. Grocery stores. Z. Hardware stores. aa. Hobby and craft stores. bb. Home furnishing stores. cc. Home improvements supply store. dd. Jewelry stores. ee. Leathergoods and luggage stores. ff. Liquor stores (sale by package). gg. Linen supply. hh. Lumber yards and building supply stores provided that unenclosed storage of any materials shall be screened from view from adjacent properties and streets. ii. Locksmith shop. jj. Meat, poultry, or seafood stores. kk. Motorcycle sales and service. 11. Music stores. mm. News stands (for the sale of newspapers, magazines, etc.) nn. Notions stores. oo. Office supply. pp. Optical store. qq. Paint and wallpaper stores. rr. Pet stores. ss. Picture framing tt. Plumbing and heating supply stores and shops, provided but not including contractors storage yards. uu. Shoe stores. vv. Sporting goods stores. ww. Stationery stores. xx. Television, radio, small appliance repair and service yy. Tobacco stores. zz. Toy stores. aaa.Video rental. 31. Taverns, night clubs, lounges, private clubs and bars. 32. Theatres (excluding drive-ins). 33. Any similar use which, in the opinion of the Zoning Administrator, or upon appeal of his decision, of the Board of Adjustment, would be compatible in character and impact with other uses in the district, would be consistent with the intent of this district, and which would not be objec- tionable to nearby property by reason of odor, dust fumes, gas, noise, radiation, heat, glare, vibration, traffic generation, parking needs, outdoor storage or use, or is not hazardous to the health and safety of surrounding areas through danger of fire or explosion. 17 C. PERMITTED ACCESSORY USES AND ACCESSORY BUILDINGS 1. Electric transmission or other public utility lines and poles, irrigation channels, storm drainage facilities, and water supply facilities, and other similar facilities. 2. Residential uses in Commercial Zones shall be allowed under the following conditions: a. Residential use shall be allowed only on a floor other than the ground floor, or if allowed on the ground floor, restricted to the rear half of the building. b. Residential dwelling density shall not exceed one dwelling unit for each 5,000 square feet of lot area. C. Residential dwelling units shall be no less than 500 square feet each. d. Parking shall be supplied at the rate of one space per 300 square feet of floor area. e. Where it is intended to convert an existing residential structure, either partially or wholly to a commercial use, then commercial development standards shall be applied for parking, landscaping and residential buff- ering. Any changes to building floor area, shall fully comply with all commercial development standards. f. No new residences as a primary or principal use shall be allowed. 3. Outside display or storage subject to the following: a. Merchandise, materials, or stock for sale or rent may be displayed or stored within ten (10) feet of the front of buildings without being screened, except that required parking spaces or fire lanes shall not be used for such outside display or storage. b. Merchandise, materials or stock may be stored or displayed behind the front of buildings within side or rear yards, only where completely screened from adja- cent properties and streets by a six (6) foot high opaque wall or fence. Merchandise, materials, and stock shall not be stacked to a height greater than the height of the screening fence. C. The above shall not apply to operable automobile or light duty truck rental and sales lots, planted and potted nursery stock, plant and produce sales, boat and camper sales lots, or mobile home and structure sales lots, except that required parking spaces and fire lanes shall not be used for storage or display. 4. Stocking of items intended for use or sale upon the premises is permitted, however warehousing is prohibited. 5. Storage buildings, sheds, garages, workshops, and other similar structures when accessory to the primary use. 18 6. Temporary Christmas tree, produce and bedding plant sales lots are permitted on undeveloped parcels, or upon devel- oped parcels, subject to the following requirements: a. Temporary sales lots shall be permitted for no more than 90 days. b. If located upon a parcel which is occupied by a primary use, the temporary sales area shall not occupy required parking spaces or fire lanes, and shall not be located within the required sight distance triangle of the intersection of two streets. C. If located upon an undeveloped parcel, adequate off-street parking area for the use must be provided. d. Temporary fences, signs, structures and other improvements associated with the use shall meet all zoning and building code requirements. e. No such temporary sales lot shall occupy a parcel without first having received an Administrative Temporary Use Permit, Business License, Sales Tax Licenses, and Building Permit(s) as may be required by the City of Wheat Ridge. 7. Wholesale sales of any item offered at retail on the prem- ises, where wholesales is ancillary to the primary retail use. 8. Parking of not more than three (3) commercial truck tractors and/or semi-trailers in conjunction with, and accessory to, a restaurant, hotel or motel primary use, and when in conformance with the parking design standards set forth in Section 27.1.C.14. of this Zoning Ordinance. It is not intended that such parking limitations shall apply to pick-up and delivery trucks normally associated with business operations. D. CONDITIONAL USES: The following uses shall be permitted only upon approval of the Wheat Ridge Planning Commission, following procedures as set forth in Section 26.1.A. 1. Automotive body and paint shops for automobiles and light duty trucks. 2. Electric transmission substation. E. SPECIAL USES The following uses shall be permitted only upon approval of the Wheat Ridge Planning Commission and City Council, following procedures as set forth in Section 26.1.B. 19 1. Auction houses. 2. Automobile and light duty truck sales, and rental subject the requirements set forth in subsection B.4., except the 1500 foot separation between sales lots does not apply. 3. Building contractors services shop and storage yard inci- dental to an office/showroom principal use. This would in- clude carpenters, painters, roofers, electricians, plumb- ers, heating and air conditioning contractors, and similar uses which do not use heavy equipment in the business, but however do have vehicles, tools, machinery, and supplies used in the business, stored upon the premises, either inside or outside, and wherein some customer work may occur upon the premises. All outside storage areas shall be screened from view for adjacent properties and streets by a six (6) foot opaque wall or fence. Stacking of mate- rials and supplies shall not exceed the height of the fence. Additionally, for uses which involve the customer work and/or fabrication upon the premises, no single ma- chine shall exceed five (5) horsepower and provided that no excessive noise, vibration, dust, emission of heat, glare, radiation , smoke, or fumes are produced to the extent that it is dangerous, hazardous, or a nuisance to the reasonable enjoyment of use of adjacent properties. 4. Governmental buildings, fire station, sewer treatment plants and public utility buildings where outside storage, operations or repair facilities are planned. 5. Itinerant sales of any item permitted in this district, upon a parcel which is vacant or occupied by a permanent principal permitted use, provided however that such itiner- ant sales does not occupy required parking space or fire lanes, does not occupy the sight distance triangle required at the intersection of two streets if on a corner property, is set back at least ten (10) feet from all property lines and does not exceed thirty days occupancy of the same property. In addition, only one itinerant merchant may occupy a premises at any time. A Temporary Use permit shall not be issued by the Board of adjustment. 6. Woodworking or carpentry shop for the making of articles for sale upon the premises, such as cabinets or custom furniture, provided however that no excessive noise, vibrations, dust, emission of heat, glare, radiation, smoke, or fumes are produced to the extent that it is dangerous, hazardous, or a nuisance to the reasonable enjoyment of use of adjacent properties. Machinery shall not exceed five (5) horsepower. 7. a. Parking of more than three (3) commercial truck tractors and/or semi-trailers on any parcel or lot therein such vehicles are not related to the transportation needs of 20 the business conducted thereon, shall require approval of a Special Use Permit. In order to evaluate the proposal, the applicant shall submit a site plan which adequately illustrates location and size of all parking spaces and drive isles, and direction of traffic flow, and which shows the proposed parking relative to existing structures on and adjacent to the site, to adjacent streets, and which shows point of ingress/egress to the site. The intent of this provision is to limit those areas in which truck trac- tors and/or semi-trailers used in commercial ventures may be parked, and is not intended to apply to any non- commercial use of such truck tractors and/or semi- trailers. Parking lot design shall meet the standards for truck tractors and semi-trailers as specified in Section 27.1, Off-Street Parking Requirements. b In addition, the applicant shall submit a report which addresses the following: 1. Traffic impact to adjacent and surrounding street systems; 2. Noise generated on the subject site and proposed methods of mitigating its off-site effects; 3. Air pollution caused by the new development and the relationship with ambient air pollution in the surrounding area. Proposed methods of controlling or reducing air pollution that are part of the development concept shall be described; and 4. Compatibility with adjacent land uses, and proposed methods of assuring compatibility, such as screen- ing, landscaping, setback of orientation. When used in Section l.d of this subpart 18D, the following words shall have the following meanings: 1. 'Truck Tractor' means any motor vehicle which is generally and commonly designed and used to draw a semi-trailer and its cargo load over the public highways. 2. 'Semi-trailer' means any wheeled vehicle, without motive power, which is designed to be used in conjunction with a truck tractor so that some part of its own weight and that of its cargo load rests upon or is carried by such truck tractor and which is generally and commonly used to carry and trans- port property over the public highways. 3. Any of said vehicles shall be considered commercial when utilized with or as a part of a commercial venture. 21 C. Any property upon which a Special Use Permit is granted pursuant to subpart (8) hereof shall be conspicuously posted to indicate the authorization for the parking of commercial truck tractors and/or semi-trailers thereon. It shall be a violation of the Code of Laws for any commercial truck tractor and/or semi-trailer to be parked or stored upon property not so posted. Any commercial truck tractor and/or semi-trailer parked in violation of the provisions hereof shall be subject to the provisions of Section 11-5 of the Model Traffic Code as enacted and enforced within the City of Wheat Ridge. 8. Any other use not specifically listed in this district may be permitted as a Special Use where Planning Commission and City Council find, in addition to the standard review criteria for all Special Uses as set forth in Section 26.B., that a specific site is uniquely appropriate for the use proposed. F. DEVELOPMENT AND USE REGULATIONS 1. MAXIMUM HEIGHT: 50 ft. 2. MINIMUM LOT AREA: No limitation provided that all other requirements can be met. 3. MAXIMUM LOT COVERAGE: 90%, with a minimum of 10% of the lot being landscaped. 4. MINIMUM LOT WIDTH: No limitations provided that all other requirements can be met. 5. FRONT YARD SETBACK: 50 feet minimum, except as follows: a. 30 feet for structures on lots or portions of lots which abut a cul-de-sac bulb. b. 30 feet where the height of the building does not exceed 35 feet, and where the front setback area is completely landscaped, exclusive of ingress/egress drives on either side of a structure. c. Structures on lots which abut Sheridan Blvd., Wadsworth Blvd., Kipling St., Ward Rd., north of W. 44th Ave. and Youngfield St., shall be setback a minimum of 50 feet. 6. SIDE YARD SETBACK: Based upon the specific site, adjacent land use and adjacent public streets, one or more of the following requirements shall apply: a. 5 feet per story minimum, except a zero setback may be permitted where structures are constructed of 22 masonry or non-flammable material and in accordance with the Uniform Building Code. b. In all cases, 30 feet where adjacent to a dedicated public street. c. In addition to building setback as required by subsection a. above, where a side yard abuts property zoned residential,or where zoned agricultural and there is a residential structure within fifteen (15) feet of the commercial property, a five foot per story landscaped buffer plus a six (6) foot high solid decorative wall or fence, shall be required between the building and the property line. 7. REAR YARD SETBACK: Based upon specific site, adjacent land use and adjacent public streets, one or more of the following shall apply: a. 10 feet for a one (1) story building and an additional five (5) feet per each additional story thereafter. b. In all cases, any rear yard which abuts a public street shall have a minimum setback of fifteen (15) feet for all structures. C. In all cases, any rear yard which abuts a public alley shall have a minimum setback for all structures of five (5) feet from the edge of the alley. d. In addition to building setback as required by subsection a. above, where a rear yard abuts property zoned residential, or where zoned Agricultural and there is a residential structure within fifteen (15) feet of the commercial property, a 5 foot per story landscaped buffer, plus a six (6) foot high solid decorative wall or fence, shall be required between the building and the property line. 8. Parking Requirements: See Section 27.1. 9. Landscape Requirements: See Section 27.2. 10. Fencing Requirements: See Section 27.M. Section 4. Appendix A of the Code of Laws of the City of Wheat Ridge, Section 19. Commercial-Two District, is hereby repealed and reenacted to read as follows: 23 SECTION 19: COMMERCIAL-TWO DISTRICT/C-2 A. INTENT AND PURPOSE: This district is established to provide for areas with a wide range of commercial land uses which include office, general business, more intensive retail sales, wholesale businesses, and light manufacturing. This district generally depends on the entire region for the market area. B. PERMITTED PRINCIPAL USES: No building or land shall be used and no building shall be hereafter erected, converted or structurally altered unless otherwise provided herein except for one or more of the follow- ing uses: 1. All uses permitted in the Commercial-One District as "Permitted Principal Uses." 2. Amusement Parks. 3. Animal Veterinary hospitals and clinics. 4. Auction houses. 5. Auto service and maintenance shops, including tire sales and recapping, muffler shops, auto and light duty truck fueling stations, detail shops, tune up shops, car wash, upholstery shops, radiator repair shops, lubrication serv- ice, sound system shops, major mechanical repair, body work, and painting, but excluding any such use primarily for service, repair or maintenance to truck tractors or semi trailers, subject to outside storage provisions set forth in subsection 19.C.3., hereof. 6. Building contractors services shop and storage yard inci- dental to an office/showroom principal use. This would include carpenters, painters, roofers, electricians, plumbers, heating and air conditioning contractors, and similar uses which do not use heavy equipment in the busi- ness, but however do have vehicles, tools, machinery, and supplies used in the business, stored upon the premises, either inside or outside, and wherein some custom work may occur upon the premises. All outside storage areas shall be screened from view for adjacent properties and streets by a six (6) foot opaque wall or fence. Stacking of mate- rials and supplies shall not exceed the height of the fence. Additionally, for uses which involve custom work and/or fabrication upon the premises, no single machine shall exceed five (5) horsepower and provided that no excessive noise, vibration, dust, emission of heat, glare, radiation , smoke, or fumes are produced to the extent that 24 it is dangerous, hazardous, or a nuisance to the reasonable enjoyment of use of adjacent properties. 7. Cold storage plant. 8. Construction equipment and heavy equipment sales, service, rental and storage, subject to outside storage and display provisions set forth in subsection 19.C.3., hereof. 9. Creamery and milk distribution station. 10. Dying and cleaning shops. 11. Farm equipment sales, service and storage, subject to outside storage and display provisions set forth in subsec- tion 19.C.3., hereof. 12. Government or quasi-governmental buildings and offices, fire station, or public utility building where outside storage, or repair facilities are planned subject to out- side storage provisions set forth in subsection 19.C.3., hereof. 13. Homes for the aged, nursing homes and congregate care homes 14. Ice plant and delivery station. 15. Manufacturing and/or light industrial operation where operation of any one machine does not exceed five (5) horsepower excluding any industrial operation listed in any order section of this ordinance, subject to outside storage provisions set forth in subsection 19.C.3., hereof. 16. Mobile or modular home or building sales. 17. Shop for custom work or for making articles, materials, or commodities to be sold at retail on the premises, and where no single machine exceeds five (5) horsepower, and provided that no excessive noise, vibrations, dust, emission of heat glare, radiation, smoke, or fumes are produced to the extent that it is dangerous, hazardous, or a nuisance to the reasonable enjoyment of use of adjacent properties, subject to outside storage provisions set forth in subsec- tion 19.C.3., hereof. 18. Theatres (including drive-ins). 19. Mini warehouses for inside storage. 20. Wholesale businesses. 21. Woodworking or carpentry shop for the making of articles for sale upon the premises, such as cabinets or custom furniture, provided however that no excessive noise, vibra- 25 tions, dust, emission of heat, glare, radiation , smoke, or fumes are produced to the extent that it is dangerous, hazardous, or a nuisance to the reasonable enjoyment of use of adjacent properties. 22. Any similar use which, in the opinion of the Zoning Administrator, or upon appeal of his decision, of the Board of Adjustment, would be compatible in character and impact with other uses in the district, would be consistent with the intent of this district, and which would not be objec- tionable to nearby property by reason of odor, dust fumes, as, noise, radiation, heat, glare, vibration, traffic generation, parking needs, outdoor storage or use, or is not hazardous to the health and safety of surrounding areas through danger of fire or explosion. C. PERMITTED ACCESSORY USES AND ACCESSORY BUILDINGS 1. Electric transmission or other public utility lines and poles, irrigation channels, storm drainage facilities, and water supply facilities, and other similar facilities. 2. Residential uses in Commercial Zones shall be allowed under the following conditions: a. Residential use shall be located only on a floor other than the ground floor, or if located on the ground floor, restricted to the rear half of the building. b. Residential dwelling density shall not exceed one dwelling unit for each 5,000 square feet of lot area. C. Residential dwelling units shall be no less than 500 square feet each. d. Parking shall be supplied at the rate of one space per 300 square feet of floor area. e. Where it is intended to convert an existing residential structure, either partially or wholly to a commercial use, then commercial development standards shall be applied for parking, landscaping and residential buff- ering. Any changes to building floor area shall fully comply with all commercial development standards. f. No new residences as a primary or principal use shall be allowed. 3. Outside display or storage subject to the following: a. Merchandise, materials, or stock for sale or rent may be displayed or stored within ten (10) feet of the front of buildings without being screened, except that required parking spaces or fire lanes shall not be used for such outside display or storage. b. Merchandise, materials or stock may be stored or displayed behind the front of buildings within side or rear yards, only where completely screened from adja- 26 cent properties and streets by a six (6) foot high opaque wall or fence. Merchandise, materials, and stock shall not be stacked to a height greater than the height of the screening fence. C. The above shall not apply to operable automobile or light duty truck rental and sales lots, planted or potted nursery stock, plant and produce sales, boat and camper sales lots, or mobile home and structure sales lots, except that required parking spaces and fire lanes shall not be used for storage or display. 4. Storage buildings, sheds, garages, workshops, and other similar structures when accessory to the primary use. 5. Temporary Christmas tree, produce and bedding plant sales lots are permitted on undeveloped parcels, or upon devel- oped parcels, subject to the following requirements: a. Temporary sales lots shall be permitted for no more than 90 days. b. If located upon a parcel which is occupied by a primary use, the temporary sales area shall not occupy required parking spaces or fire lanes, and shall not be located within the required sight distance triangle of the intersection of two streets. C. If located upon an undeveloped parcel, adequate off-street parking area for the use must be provided. d. Temporary fences, signs, structures and other improvements associated with the use shall meet all zoning and building code requirements. e. No such temporary sales lot shall occupy a parcel without first having received an Administrative Temporary Use Permit, Business License, Sales Tax Licenses, and Building Permit(s) as may be required by the City of Wheat Ridge. 6. Parking of more than three (3) commercial truck tractors and/or semi-trailers on any parcel or lot therein such vehicles are not related to the transportation needs of the business conducted thereon, shall require approval of a Special Use Permit. In order to evaluate the proposal, the applicant shall submit a site plan which adequately illustrates location and size of all parking spaces and drive isles, and direction of traffic flow, and which shows the proposed parking relative to existing structures on and adjacent to the site, to adjacent streets, and which shows point of ingress/egress to the site. The intent of this provision is to limit those areas in which truck trac- 27 tors and/or semi-trailers used in commercial ventures may be parked, and is not intended to apply to any non- commercial use of such truck tractors and/or semi-trailers. Parking lot design shall meet the standards for truck tractors and semi-trailers as specified in Section 27.1, Off-Street Parking Requirements. D. CONDITIONAL USES The following uses shall be permitted only upon approval of the Wheat Ridge Planning Commission and City Council, following procedures as set forth in Section 26.1.A. 1. Electric transmission substation. E. SPECIAL USES The following uses shall be permitted only upon approval of the Wheat Ridge Planning Commission and City Council, following procedures as set forth in Section 26.1.B. 1. Itinerant sales of any item permitted in this district, upon a parcel which is vacant or occupied by a permanent principal permitted use, provided however that such itiner- ant sales does not occupy required parking space or fire lanes, does not occupy the sight distance triangle required at the intersection of two streets if on a corner property, is set back at least ten (10) feet from all property lines and does not exceed thirty days occupancy of the same property. In addition, only one itinerant merchant may occupy a premises at any time. A Temporary Use permit shall not be issued by the Board of Adjustment. 2. a. Parking of more than three (3) commercial truck tractors and/or semi-trailers on any parcel or lot wherein such vehicles are not related to the transpor- tation needs of the business conducted thereon, shall require approval of a Special Use Permit. In order to evaluate the proposal, the applicant shall submit a site plan which adequately illustrates location and size of all parking spaces and drive isles, and direc- tion of traffic flow, and which shows the proposed parking relative to existing structures on and adjacent to the site, to adjacent streets, and which shows point of ingress/egress to the site. The intent of this provision is to limit those areas in which truck trac- tors and/or semi-trailers used in commercial ventures may be parked, and is not intended to apply to any non- commercial use of such truck tractors and/or semi- trailers. Parking lot design shall meet the standards for truck tractors and semi-trailers as specified in Section 27.1, Off-Street Parking Requirements. 28 In addition, the applicant addresses the following: shall submit a report which 1. Traffic impact to adjacent and surrounding street systems; 2. Noise generated on the subject site and proposed methods of mitigating its off-site effects; 3. Air pollution caused by the new development and the relationship with ambient air pollution in the surrounding area. Proposed methods of controlling or reducing air pollution that are part of the development concept shall be described; and 4. Compatibility with adjacent land uses, and proposed methods of assuring compatibility, such as screen- ing, landscaping, setback of orientation. b. When used in Section l.d of this subpart 18D, the following words shall have the following meanings: 1. 'Truck Tractor' means any motor vehicle which is generally and commonly designed and used to draw a semi-trailer and its cargo load over the public highways. 2. 'Semi-trailer' means any wheeled vehicle, without motive power, which is designed to be used in conjunction with a truck tractor so that some part of its own weight and that of its cargo load rests upon or is carried by such truck tractor and which is generally and commonly used to carry and trans- port property over the public highways. 3. Any of said vehicles shall be considered commercial when utilized with or as a part of a commercial venture. C. Any property upon which a Special Use Permit is granted pursuant to subpart (8) hereof shall be conspicuously posted to indicate the authorization for the parking of commercial truck tractors and/or semi-trailers thereon. It shall be a violation of the Code of Laws for any commercial truck tractor and/or semi-trailer to be parked or stored upon property not so posted. Any commercial truck tractor and/or semi-trailer parked in violation of the provisions hereof shall be subject to the provisions of Section 11-5 of the Model Traffic Code as enacted and enforced within the City of Wheat Ridge. 3. Any other use not specifically listed in this district may be permitted as a Special Use where Planning Commission and City Council find, in addition to the standard review criteria for all Special Uses as set forth in Section 29 26.B., that a specific site is uniquely appropriate for the use proposed. F. DEVELOPMENT AND USE REGULATIONS 1. MAXIMUM HEIGHT: 50 ft. 2. MINIMUM LOT AREA: No limitation provided that all other requirements can be met. 3. MAXIMUM LOT COVERAGE: 90%, with a minimum of 10% of the lot being landscaped. 4. MINIMUM LOT WIDTH: No limitations provided that all other requirements can be met. 5. FRONT YARD SETBACK: 50 feet minimum, except as follows: a. 30 feet for structures on lots or portions of lots which abut a cul-de-sac bulb. b. 30 feet where the height of the building does not exceed 35 feet, and where the front setback area is completely landscaped, exclusive of ingress/egress drives on either side of a structure. C. Structures on lots which abut Sheridan Blvd., Wadsworth Blvd., Kipling St., Ward Rd. north of W. 44th Ave., and Youngfield St., shall be setback a minimum of 50 feet. 6. SIDE YARD SETBACK: Based upon the specific site, adjacent land use and adjacent public streets, one or more of the following requirements shall apply: a. 5 feet per story minimum, except a zero setback may be permitted where structures are constructed of masonry or non-flammable material and in accordance with the Uniform Building Code. b. In all cases, 30 feet where adjacent to a dedicated public street. C. In addition to building setback as required by subsection a. above, where a side yard abuts property zoned residential,or where zoned agricultural and there is a residential structure within fifteen (15) feet of the commercial property, a five foot per story landscaped buffer plus a six (6) foot high solid decorative wall or fence, shall be required between the building and the property line. 30 7. REAR YARD SETBACK: Based upon specific site, adjacent land use and adjacent public streets, one or more of the following shall apply: a. 10 feet for a one (1) story building and an additional five (5) feet per each additional story thereafter. b. In all cases, any rear yard which abuts a public street shall have a minimum setback of fifteen (15) feet for all structures. C. In all cases, any rear yard which abuts a public alley shall have a minimum setback for all structures of five (5) feet from the edge of the alley. d. In addition to building setback as required by subsection a. above, where a rear yard abuts property zoned residential, or where zoned Agricultural and there is a residential structure within fifteen (15) feet of the commercial property, a 5 foot per story landscaped buffer, plus a six (6) foot high solid decorative wall or fence, shall be required between the building and the property line. 8. Parking Requirements: See Section 27.1. 9. Landscape Requirements: See Section 27.2. 10. Fencing Requirements: See Section 27.M. 11. Sign Requirements: See Wheat Ridge Code of Laws, Chap. 19A SECTION 6. Appendix A. of the Code of Laws of the City of Wheat Ridge is hereby amended by the enactment of a new Section 21.1 Light Industrial District, to read as follows: SECTION 21.1 LIGHT INDUSTRIAL DISTRICT (I) A.INTENT AND PURPOSE The intent of this district is to permit the Industrial (I) zoned property for commercial trial uses. Rezoning to Industrial (I) Zone cation shall not be permitted, however exist zoned property may be developed and used in provisions set forth herein. B.PERMITTED PRINCIPAL USES: use of previously and light indus- District classifi- ing Industrial (I) accordance with No building or land shall be used and no building shall be hereafter erected, converted, or structurally altered unless otherwise provided herein except for one or more of the follow- ing uses: 31 1. Any use permitted in the Commercial-One District or Commercial-Two District as a Permitted Principal Use. C. PERMITTED ACCESSORY USES AND ACCESSORY BUILDINGS 1. Electric transmission or other public utility lines and poles, irrigation channels, storm drainage facilities, and water supply facilities, and other similar facilities. 2. One (1) residential living unit within a Commercial build- ing. 3. Outside display or storage subject to the following: a. Merchandise, materials, or stock for sale or rent may be displayed or stored within ten (10) feet of the front of buildings without being screened, except that required parking spaces or fire lanes shall not be used for such outside display or storage. b. Merchandise, materials or stock may be stored or displayed behind the front of buildings within side or rear yards, only where completely screened from adja- cent properties and streets by a six (6) foot high opaque wall or fence. Merchandise, materials, and stock shall not be stacked to a height greater than the height of the screening fence. c. The above shall not apply to operable automobile or light duty truck rental and sales lots, planted or potted nursery stock, plant and produce sales, boat and camper sales lots, or mobile home and structure sales lots, except that required parking spaces and fire lanes shall not be used for storage or display. 4. Storage buildings, sheds, garages, workshops, and other similar structures when accessory to the primary use. 5. Temporary Christmas tree, produce and bedding plant sales lots are permitted on undeveloped parcels, or upon devel- oped parcels, subject to the following requirements: a. Temporary sales lots shall be permitted for no more than 90 days. b. If located upon a parcel which is occupied by a primary use, the temporary sales area shall not occupy required parking spaces or fire lanes, and shall not be located within the required sight distance triangle of the intersection of two streets. C. If located upon an undeveloped parcel, adequate off-street parking area for the use must be provid- ed. 32 d. Temporary fences, signs, structures and other improvements associated with the use shall meet all zoning and building code requirements. e. No such temporary sales lot shall occupy a parcel without first having received an Administrative Temporary Use Permit, Business License, Sales Tax Licenses, and Building Permit(s) as may be required by the City of Wheat Ridge. D. CONDITIONAL USES: The following uses shall be permitted only upon approval of the Wheat Ridge Planning Commission, following procedures as set forth in Section 26.A. 1. Electric transmission substation. E. SPECIAL USES The following uses shall be permitted only upon approval of the Wheat Ridge Planning Commission and City Council following procedures as set forth in Section 26.B., all special uses shall be subject to the Performance Standards as set forth in subsection G. hereof. 1. Itinerant sales of any item permitted in this district, upon a parcel which is vacant or occupied by a permanent principal permitted use, provided however that such itiner- ant sales does not occupy required parking space or fire lanes, does not occupy the sight distance triangle required at the intersection of two streets if on a corner property, is set back at least ten (10) feet from all property lines and does not exceed thirty days occupancy of the same property. In addition, only one itinerant merchant may occupy a premises at any time. 2.a. Parking of more than three (3) commercial truck tractors and/or semi-trailers on any parcel or lot therein such vehicles are not related to the transportation needs of the business conducted thereon, shall require approval of a Special Use Permit. In order to evaluate the proposal, the applicant shall submit a site plan which adequately illustrates location and size of all parking spaces and drive isles, and direction of traffic flow, and which shows the proposed parking relative to existing structures on and adjacent to the site, to adjacent streets, and which shows point of ingress/egress to the site. The intent of this provision is to limit those areas in which truck tractors and/or semi-trailers used in commercial ventures may be parked, and is not intended to apply to any non-commercial use of such truck tractors and/or semi- trailers. Parking lot design shall meet the standards 33 for truck tractors and semi-trailers as specified in Section 27.1, Off-Street Parking Requirements. b. In addition, the applicant shall submit a report which addresses the following: (1) Traffic impact to adjacent and surrounding street systems; (2) Noise generated on the subject site and proposed methods of mitigating its off-site effects; (3) Air pollution caused by the new development and the relationship with ambient air pollution in the surrounding area. Proposed methods of controlling or reducing air pollution that are part of the development concept shall be described; and (4) Compatibility with adjacent land uses, and proposed methods of assuring compatibility, such as screen- ing, landscaping, setback of orientation. When used in this Section 21.1, the following words shall have the following meanings: (1) 'Truck Tractor' means any motor vehicle which is generally and commonly designed and used to draw a semi-trailer and its cargo load over the public highways. (2) 'Semi-trailer' means any wheeled vehicle, without motive power, which is designed to be used in conjunction with a truck tractor so that some part of its own weight and that of its cargo load rests upon or is carried by such truck tractor and which is generally and commonly used to carry and trans- port property over the public highways. (3) Any of said vehicles shall be considered commercial when utilized with or as a part of a commercial venture. C. Any property upon which a Special Use Permit is granted pursuant to subpart (2.) hereof shall be conspicuously posted to indicate the authorization for the parking of commercial truck tractors and/or semi-trailers thereon. It shall be a violation of the Code of Laws for any commercial truck tractor and/or semi-trailer to be parked or stored upon property not so posted. Any commercial truck tractor and/or semi-trailer parked in violation of the provisions hereof shall be subject to the provisions of Section 11-5 of the Model Traffic Code as enacted and enforced within the City of Wheat Ridge. 3. Commercial wholesale greenhouses. 34 4. Manufacturing, processing, warehousing or a combination thereof, of the following: a. Instruments of professional, scientific, photographic, optical and other similar uses. b. Electrical machinery, equipment and supplies. c. Fountain and beverage dispensing equipment. d. Plywood, furniture and similar wood products. e. Small items such as toys, clocks, jewelry, fountain pens, pencils and plastic products. f. Transportation equipment. g. Candy. h. Foods (processing and/or canning). i. Glass and glass products. j. Other similar uses. 5. Printing, engraving and other related reproduction processes. 6. Custom fabrication. 7. Research laboratories, offices and other facilities for research, both basic and applied, conducted by or for any individual, organization or concern, whether public or private. 8. Retail sales of any commodity that is manufactured, proc- essed, or fabricated only on the premises; and equipment supplies and materials designed especially for use in agriculture, mining, industry, business, transportation, building and other construction. 9. Repair, rental and servicing of any commodity that the manufacture, fabrication, processing, or sale of which is permitted in the district. 10. Schools for industrial or business training. 11. Railroad facilities exclusive of yard, maintenance and fueling facilities. Lot lines abutting railroad right-of- way shall have constructed upon them a fence of minimum height of six (6) feet. 12. Operations required to maintain or support any use permit- ted on the same tract or lot as permitted use, such as maintenance shops, power plants, machine shops, and the keeping of security animals. 13. Terminals for public transit vehicles. 14. Broom factory. 15. Cabinet and woodworking shops. 35 16. Carting, express, hauling or storage yard. 17. Carpet cleaning and fumigating. 18. Cereal mills. 19. Cheese factory. 20. Contractor's plant or storage yard. 21. Electrical motors and armature re-grinding shops. 22. Film developing plants. 23. Ice plants. 24. Stone cutting or polishing works. 25. Warehousing, and outside storage in accordance with G.12, hereof. 26. Manufacture of vaccines, serums and toxins; provided, that an antidote exists and is readily available for such vac- cine, serums, or toxins; provided that approval of such manufacture is received from the state department of health and the county health department. 27. outside storage of vehicles or parking of garbage trucks, when entirely enclosed within an opaque fence. Auto salvage businesses or junk yards are not allowed within this subsection. 28. Kennels. 29. Manufacturing, fabrication and/or processing of concrete products. 30. Other similar uses approved by City Council. F. USES PROHIBITED Due to the limited area available for the following uses and the proximity to residential uses, the following uses are specifically prohibited. In no instance shall any use listed below be interpreted as a similar use to a permitted use. 1. Wholesale or retail sale or storage of the following: a.Live animals except for kennels. b. Explosives. c. Junk. d. Gasoline bulk storage exceeding two thousand (2,000) gallons including storage for uses incidental or accesso- ry to any use permitted in this district. 36 e. Explosive or highly corrosive chemicals such as metallic magnesium, metallic sodium, metallic potassium, or elemental phosphorus. 2. Basic manufacture of any of the following: a. Abrasives. b. Alcoholic beverages distillation. c. Animal products. d. Bone black. e. Fermented malt beverages. f. Carbon black and lamp black. g. Charcoal. h. Cinder or other blocks. i. Clay or clay products. j. Detergents, soaps and by-products using animal fat. k. Fermented fruit and vegetable products. 1. Gases, other than those used in accordance with B.6. m. Concrete or cement. n. Glue and size. o. Gypsum and other forms of plaster base. p. Matches. q. Metal ingots, pigs, sand castings, sheets or bars. r. Oils and fats: animal and vegetable. s. Paper pulp and cellulose. t. Portland and similar cements. u. Turpentine. v. Wax and wax products. w. Other similar uses. 3. Manufacturing, fabrication and/or processing of any of the following: a.Chemicals, heavy or industrial. b.Coal or coke. c.Insulation, flammable type. d.Parafins, petroleum or petroleum products. e.Paints, pigments, enamels, japans, lacquers, putties, varnishes, whiting, and wood fillers. f.Other similar uses. 4. Meat slaughtering or rendering. 5. Metals, extraction or smelting. 6. Rubber manufacturing, processing or reclamation. 7. Sawmill or planing mill. 37 8. Tanning. 9. Wood preserving by creosoting or other pressure impregnation of wood by preservatives. 10. Other similar uses. G. PERFORMANCE STANDARDS: The following standards and conditions shall apply to the development, use, operations and maintenance of any Special Use hereinafter approved, as well as to any similar Industrial Use created prior to adoption of this Section. All environmental performances standards set forth are subject to the criteria established in current Federal, State or local regulations, whichever criteria is most restrictive. 1. Building enclosures. Every use shall be operated in its entirety within a completely enclosed building unless otherwise specifically approved. 2. Outdoor Storage and Waste Disposal. a. All outdoor storage or warehousing facilities shall be enclosed by a view obscuring fence, wall and/or landscaping which fully conceals such facilities from adjacent properties, public streets and pedestrian ways. Display of finished products for retail sale on the premises may be allowed, as such would be allowed and regulated in the C-1 and C-2 Districts. b. No materials or wastes shall be deposited upon a lot in such a form or manner that they may be moved from the lot by natural causes or forces. C. All materials or wastes which may cause fumes or dust, constitute a fire hazard or may be edible or other wise attractive to rodents and/or insects shall be stored only in closed containers. d. All toxic, corrosive, inflammable or explosive liquids, gases or solids shall be stored in com- pliance with currently adopted Fire Prevention Code, Environmental Protection Agency standards, or similar standards or requirements adopted by an Agency of the State of Colorado. 3. Noise. Noise shall be measured on any property line of the tract on which the operation is located and shall be muffled so as not to become objectionable due to intermittence, beat frequently, shrillness or intensity. Noise shall be regulated so as to be in compliance with the Colorado Noise Abatement Act, Colorado Revised Statutes, 25-12-101, as amended. 38 4. Odors. Odors from any use hereafter begun shall not be discernible at the property line to a greater degree than odors from plants for the manufacturing or fabrications of books, textile weaves, electronic equipment, or other plants in which operations do not result in greater degree of odors. The values given in Table III (Odor Thresholds) Chapter 5, "Physiological Effects", in the "Air Pollution Abatement Manual"' by the Manufacturing Chemist's Association, Inc., Washington, D.C. copyright 1951, shall be used as standard in case of doubt concerning the character of odor emitted. In such cases, the smallest value given in Table III shall be the maximum odor permitted. Detailed plans for the prevention of odors crossing property lines may be required before the issuance of a Building Permit. Colorado Department of Health, Air Quality Control Commission's currently adopted "Odor Emission Regulation", shall be complied with when found to be more restrictive than the values of the "Air Pollution Abatement Manual". 5. Glare and Heat. Any operation producing intense glare and/or heat, e.g. welding conducted as a regular function of an operation, shall be performed within an enclosure in such a manner as to be imperceptible along any lot line of such operation without instruments. 6. Exterior lighting. Any lights used for exterior illumination shall direct light away from adjoining properties and be subject to the provisions of Section 27.5. 7. Vibration. Vibration shall not be discernible at any property line to the human sense of feeling for three (3) minutes or more duration in any one hour. Vibration at any time shall not produce an acceleration for more than 0.1 gravities or shall result in any combination of amplitudes and frequencies beyond the "safe" range of Table VII, United states bureau of Mines Bulletin No. 442, "Seismic Effects of Quarry Blasting"' on any structure. The methods and equations of said Bulletin No. 442 shall be used to compute all values for the enforcements of this provision. 8. Emission control of smoke, dust and gases. a. Smoke. Smoke emissions and capacity levels shall be regulated so as to be in compliance with the currently adopted Colorado Department of Health, Air Quality Control Commission's "Emission Control Regulations for Particulates, Smokes, and Sulfur Oxides for the State of Colorado". b. Dust and other particulates. Fugitive dust and other particulate matter from fuel-burning equipment, refuse burning facilities, and manufacturing shall be 39 controlled in accordance with the Colorado Department of Health, Air Quality Control Commission's currently adopted "Emission Control Regulations for Particulates, Smokes, and Sulfur oxides for the State of Colorado". C. Gases. Detailed plans for the elimination of fumes or gases may be required before the issuance of a building permit. Sulfur oxide emissions shall be governed by the above stated "Emission Control Regulations for Particulates, Smokes, and Sulfur Oxides for the State of Colorado" 9. Hazard. Any research operation shall be carried on with reasonable precautions against fire and explosion hazards. 10. Radiation control. Radiation and the utilization of radioactive materials shall be regulated so as to conform with Colorado Department of Health's currently adopted "Rules and Regulations Pertaining to Radiation Control". 11. Electrical radiation. Any electrical radiation shall not adversely affect at any point any operations or any equipment other than those of the creator of the radiation. Avoidance of adverse effects from electrical radiation by appropriate single or mutual scheduling of operations is permitted. H. DEVELOPMENT AND USE REGULATIONS 1. MAXIMUM HEIGHT: 50 ft. 2. MINIMUM LOT AREA: No limitation provided that all other requirements can be met. 3. MAXIMUM LOT COVERAGE: 90%, (See Section 28. for defini- tion) 4. MINIMUM LOT WIDTH: No limitations provided that all other requirements can be met. 5. FRONT YARD SETBACK: 50 feet minimum. 6. SIDE YARD SETBACK: a. Principal Permitted and Accessory Uses. 5 feet per story minimum, except as follows: (1) zero setback where structures are constructed of masonry or non-flammable material and in accordance with the Uniform Building Code. (2) 30 feet where adjacent to a dedicated public street. 40 (3) Where a side yard abuts property zoned residential, or where zoned Agricultural and there is a residen- tial structure within fifteen (15) feet of the commercial property, a five (5) foot per story landscape buffer and a six (6) foot high solid decorative wall or fence, shall be required adja- cent to the property line. b. Conditional and Special Uses The minimum width of side yard shall be twenty-five (25) feet except as follows: (1) 30 feet where adjacent to a dedicated public street. (2) Seventy five (75) feet where a side yard abuts property zoned Residential, or where zoned Agri- cultural and there is a residential structures within twenty five (25) feet of the industrial property. There shall be a six foot high solid decorative wall or fence, and ten (10) feet of landscaping adjacent to the property line. (3) Where a side yard abuts a railroad right-of-way, no side yard setback shall be required. 7. REAR YARD SETBACK: a. Principal Permitted and Accessory Uses 10 feet for a one (1) story building and an additional five (5) feet per each additional story thereafter, except as follows: (1) Any rear yard which abuts a public street shall have a minimum setback of fifteen (15) feet for all structures. (2) Any rear yard which abuts a public alley shall have a minimum setback for all structures of five (5) feet from the edge of the alley. (3) Where a rear yard abuts property zoned residential, or where zoned Agricultural and there is a residen- tial structure within fifteen (15) feet of the commercial property, a five feet per story land- scaped buffer, and a six (6) foot high solid deco- rative wall or fence, shall be required adjacent to the property line. b. Conditional and Special Uses: The minimum depth of a rear yard shall be twenty (20) feet except as follows: 41 (1) 30 feet where adjacent to a dedicated public street. (2) Seventy five (75) feet where a side yard abuts property zoned Residential, or where zoned Agricul- tural and there is a residential structure within twenty five (25) feet of the Industrial property. There shall be a six foot high solid decorative wall or fence, and ten (10) feet of landscaping adjacent to the property line. (3) Where a rear yard abuts a railroad right-of-way, no rear yard setback shall be required. 8. Parking Requirements: See Section 27.1. 9. Landscape Requirements: See Section 27.2. 10. Fencing Requirements: See Section 27.M. 11. Sign Requirements: See Wheat Ridge Code of Laws, Chap. 19A SECTION 6. 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 7. 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 8. 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 9. This ordinance shall take effect one (1) day after final publication. 42 INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 1 on this 26th day of June , 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 July 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 8 to 0 this 24th day of July 1989. SIGNED by the Mayor on this 25th day of July 1989. Dan Wilde, Mayor ATTEST: Wanda Sang, City Clerkr 1St Publication: June 29, 1989 ,AS TO FORM BY APPROVED 2nd Publication: July 27, 1989 OFFICE , OF CITY ATTORNEY: Wheat Ridge Sentinel: Effective Date: July 28, 1989 ll t l John E. Hayes- ldr/ord/com/ind ` 43