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Ordinance-1989-0814
INTRODUCED BY COUNCILMEMBER WORTH Ordinance No. 814 Series of 1989 TITLE: AN ORDINANCE AMENDING SECTION 25. NONCONFORMING LOTS, USES AND STRUCTURES, OF APPENDIX A. ZONING ORDINANCE, OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE: 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 25. Nonconforming Lots, Uses and Structures is hereby amended as follows: SECTION 25. NONCONFORMING LOTS. USES AND STRUCTURES. A. Intent. 1. Within the districts created by the adoption of this ordinance, or by the adoption of amendments subsequent to this ordinance, there may exist lots, structures, or uses of land and structures which were legal prior to the time of the adoption or amendment of this ordinance but which under the terms of this ordinance or its amendment are now prohib- ited, restricted or regulated. It is the intent of this ordinance to permit these nonconformities to continue until they are voluntarily removed, or until they are amortized, but not to encourage their survival. It is further intended that these nonconformities will not be enlarged, expanded, or extended, nor will they be used as grounds for adding other uses or structures prohibited in the district. In cases where a nonconformity constitutes an eminent public safety hazard or threat, the nonconforming situation may be ordered corrected or removed. B. Nonconfor-mijig-u-ses are hereby deelared to patible with the prineiple ermitted e- districts involved * none ming use of ems- a-structure, or of a aat=; er ar strueture-and land in eemb+nation shall not be enlar~ after- tbce a option rd' sueh noneonformity--thro~~~~~ the building or premises of other uses ofa eharaeter which is prohibited in t~e district involved. 2. Any building or structure for which a building permit has been issued or a use of land or structure for on which a use permit has been granted prior to the effective date of enac- tment, or amendment of this ordinance may be completed and used in accordance with the plans, specifications and permit on which said building or use permit was granted, if constr- uction, in the case of a building, or occupancy in the case of use, is commenced within sixty (60) days after the iss- uance of said permit and diligently carried to completion or occupancy. 1 B. Nonconforming Vacant Lots of Record. In any district in which single family dwellings are permitted, a single family residence and customary accessory buildings may be erected on any vacant single lot of record as of date of adoption of Er-dinance-Ne.324-;- this ordinance, provided that such lot is in separate ownership and not of continuous frontage with other lots under the same ownership. This provision shall apply even though such lot fails to meet the requirements of the district in which it is located for area, or width, or both provided however that the requirements of the district for minimum yard dimensions and lot coverage shall be met. If two or more lots, or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this ordinance, and part or all of said lots do not meet the requirements of the district in which they are located as to minimum area or frontage or both, the lands shall be consid- ered for the purpose of this ordinance to be an undivided parcel and no portion of said parcel shall be sold or used in a manner which diminishes compliance with lot width and area requirements established by this ordinance. E-.C. Nonconforming Uses of Land, or Land with Minor Structures Only. Nonconforming use of land, legally existing at the time of the adoption or amendment of this ordinance where such use involves no individual structure with a replacement cost of more than five thousand (5,000) one thousand 1.1,0010.) dollars, may be continued as long as it remains otherwise lawful, for a period not to exceed five (5) two (2) years from the date of the adoption of this ordinance, or the amendment thereto creating said nonconforming use, provided: 1. That no such use shall in any manner be increased to occupy a greater area of land than was occupied on the date of adoption or amendment of this ordinance. 2. That no such use shall be moved, in whole, or in part to occupy any portion of the lot or parcel other than that occupied on the date of adoption or amendment of this ordinance. 3. That should any such use, for any reason, cease for a period of 60 38 days or more, or at the end of the five (5) two( 2) year amortization period, any further use of the property shall be in full conformance with all of the requirements of this ordinance for the district in which said property is located. 4. No additional structures not conforming to the require- ments of this ordinance shall be erected in conjunction with said nonconforming use. 2 F-.-D. Nonconforming Structures. Where a structure with a replace- ment value of more than five thousand (5,000) dollars lawfully exists at the time of the adoption or amendment of this ordinance which could not be built under the requirements of this ordinance because of lot area, lot coverage, required yards, or the location of the structure on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions. 1. Any one or two family dwelling structure, or customary accessory structures may be enlarged, altered, or added to provided that all lot coverage requirements of the zoning district in which the structure is located are met, and provided that such enlargement, alteration, or addition does not increase the extent of nonconforming setbacks by encroaching beyond the existing setback line. In instances of corner lots, no enlargement, alteration or addition shall be permitted to encroach within interseetion -1., 1 the lot lines a~UtUng a ~ distance o€-55 feel--a=egg -each such iot i ~e. the minimum sight distance triangle as set forth in Section 27.M., hereof. Wherein it is desired to construct withi or in line with such noneenfo_... . setback, no sueh clonstruetion, which lies within the shall result in more than a 25W increase ever the or_ ~glnal ground In addition, no such enlargement, alteration, or addition which extends within the nonconforming area, shall result in the development of any additional dwelling units. 2. If any such structure or nonconforming portion thereof be destroyed by any means to an extent of more that 50 percent of its replacement cost at the time of said destruction, it shall not be reconstructed except in conformity with the applicable provisions of this ordinance. 3. If any such structure should for any reason be moved from its location at the time of adoption or amendment of this ordinance, it shall conform to the provisions of the district in which it is located after it is moved. G-.E. Nonconforming uses of structures, or of premises, or of structures and premises in combination. Lawful uses of individual structures with a replacement cost of five one ($I,() ) thousand dollars ($5,000.00) or more, or such structures and land in combination which exists at the time of adoption, or amendment of this ordinance, but which would not be allowed in the district in which located under the terms of this ordinance, may be continued, so long as they remain otherwise lawful, until July 1, 2000, on or before 3 which date they shall be terminated, or for a period not to exceed fifteen (15) years from the date of the adoption of this ordinance or amendment to this ordinanee thew creating said nonconforming use, provided: 1. No existing structure devoted to a use not permitted by this ordinance in the district in which located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located. 2. Any nonconforming use may be extended throughout any parts of the building which were designed or arranged for such use at the time of adoption or amendment of the ordinance, but no such use shall be extended to occupy any land outside such building. In addition, no such use shall be extended to any portion of the property outside of any building which was not used for said nonconforming use at the time of the adoption or amendment of this ordinance creating said nonconforming use. 3. Provided that no structural alterations are made, any nonconforming use of a structure, end or of premises, or of a structure and premises in combination may be changed to another nonconforming use as special exception by the board of adjustment; provided, that said board finds that the proposed use is equally or more appropriate than the exist- ing use. In permitting this change, the board may require whatever conditions and safeguards it deems necessary. 4. Any structure, or land or structure and land in combination, in or on which a nonconforming use is replaced by a permitted use shall not again be devoted to a use not permitted in the district in which it is located. 5. Whenever any nonconforming use of a structure, or land, or a structure in combination, is discontinued for sixty (60) consecutive days or six (6) months during any three (3) year period, except when government action impedes access to the property, or at the termination of the fifteen (15) year amortization period, the structure, or structure and premises in combination shall not thereafter be devoted to a use not permitted in the district in which is located. 6. Where nonconforming use status applies to a struct- ure and premises in combination, removal or destruction of the structure shall not eliminate the 4 nonconforming status of the land, except where the nonconforming use of the land is additionally terminated. Destruction for the purpose of this section shall be defined as damage to the extent of more than fifty (50) percent of the replacement cost at the time of destruction. H ---3vi=r-Corr€orifti Ftg-,ir"'vt ( s) xy-lega relate ~ngressr-fegres~--~a , 3ftl 3r~-v c,ncrrc ch hca9-zvc u-cum l"'..; , d: y noneonf-&riftl-ng-u-se within the and c~ti 1 of this ~cc-clvi- ere -4che use ef- she bi rid ing- - 4- h b propo sed, t e building--wray e , added top a el~er e~ien-er aa' ~ t 1 d l t d 1 3 street an re a e impr(Yvem Commissi on. 3-F. Repairs and maintenance. On any nonconforming structure, or portion of a structure containing a nonconforming use, work may be done during any one (1) year period on ordinary repairs, or on repair and replacement of non-bearing wall fixtures, wiring or plumbing; provided, that the cubic content existing when it became nonconforming is not increased. If a nonconforming structure, or portion of a structure devoted to a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance and it is declared by the Director of Planning and Development to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, rebuilt, or repaired except in conformity with the regulations of the district in which it is located. Nothing in this ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protection of the public safety. Provision . Eases- ice} 5 Any use whic h dale-e-eyrie ~ - ' trr3de ddistri e er- z r --3}e-teems--e G B nder Section 25 f Ad t t acted ttpon-by l . . . u jus men the Board o -ase-In nonconformin d b d -in of this-ord g eeme a e ance shall not t murth?tr action be ith l sue h considered a- ou : w but sril e-onferffiving-tvsc- K. !east width at the time ef pias-~ ~-'cvr+s3C[ci 2~v -vcnv eft;. erdinanee w ,1 be d 1 ti 1. The r. , .-se--o n eraiira. _wr c rp eff_eet -date of a-ItTte~ugh such use do s not conform to the-provl-s!~~ the fenc -4i dge--C6d e€€-2crtl`c~aai c-~9-€--Oi`d #-Irenee 46~ tu. 1 RI , _ F--~ pe,e- ^ im a)V ~,..v Ta~-S~[iZJ1Z1 VSall l.V VG~lilva 2. T t event that a IIC7l1~e1TL© enlarged, reconstructed or anSZ3L-ri v1TJLOL vv a.+.. . G. EXCEPTIONS 1. Government Actions Any lot, structure or use which is caused, by action of the City of Wheat Ridge or the State of Colorado, to become nonconforming to the provisions of this ordinance, may be considered conforming, subject to the following provisions: a. The nonconformity was created by street right-of-way widening or extension which was not anticipated by adopted plans which were in effect as of the date of commencement of construction or use. b. only those nonconformities to provisions of this ordinance which existed on the date which the non- conformity was created shall fall within this exception. Stated otherwise, nonconformities which pre-dated the governmental action, or which may be created by the amendment of this ordinance sub- sequent to the governmental action, are not affected by this exception. 6 2. Variances and Waivers Any use or structure which is granted a variance or waiver in accordance with Section 26.D of this ord- inance, from the strict application of the regulations of this ordinance, but not including those special exce- ptions acted upon by the Board of Adjustment under sub- section 25.E.3. of this section 25, shall not be deemed a nonconforming use or structure. 3. Private Roadways Nothing in this ordinance shall be construed to mean that dwellings or other structures existing in the City of Wheat Ridge on private roads or legally recorded easements at the time of passage of this ordinance shall be considered to be nonconforming. H. Miscellaneous Nonconformities Existing uses and/or developed lands which are nonconforming due to ingress/egress, landscaping, parking, signage or public improvements, may be continued notwithstanding the provisions of subsections C, D and E above, provided however that any reconstruction, enlargement or addition meets the specific nonconforming provisions related to the particular nonconformity as specified in the appropriate section. (See Section 27.1 for parking and ingress/egress; Section 27.2 for Landscaping Wheat Ridge Code of Laws, Chapter 19.A. Article IV for Signs; and Wheat Ridge Code of Laws, Chapter 5, Section 94.1 for public improvements). SECTION 2. 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 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 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 7 provisions, requirements and standards herein shall supersede and prevail. SECTION 5. This ordinance shall take effect fifteen (15) days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 9th day of October , 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 December 11 , 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 11th day of December 1989. SIGNED by the Mayor on this 12th day of December , 1989. DAN WILDE, MAYOR r ATTEST: Wanda Sang, City Clerk 1st Publication: October 12, 1989 2nd Publication: December 14, 1989 Wheat Ridge Sentinel: Effective Date: December 29, 1989 APPROVED AS TO FORM BY OFFICE OF CITY ATTORNEY: John E. Hayes `.-T~-- 8