HomeMy WebLinkAboutOrdinance-1990-0818
INTRODUCED BY COUNCILMEMBER MERKL
Ordinance No. 818
Series of 1989
TITLE: AN ORDINANCE AMENDING SECTION 27. REGULATIONS APPLICABLE
TO ALL DISTRICTS, 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 27. Regulations Applicable to All
Districts is hereby amended as follows:
SECTION 27. General Regulations
The provisions and regulations set forth in this Section 27. are
generally applicable throughout the various zone districts.
Furthermore, these regulations are in addition to any regulation,
standard or requirement specifically set forth in any other
section of this Zoning Ordinance or any other section of the
Wheat Ridge Code of Laws.
A. Storage of Flammable Liquids or Gases:
No above ground storage of flammable liquids or gasses
in excess of two thousand (2,000) gallons shall be
permitted in any district other than the Industrial
District unless approved ey-~~~n~ng-€~mis3ion as
a Special Use and in conformance with the Uniform Fire
Code and other applicable laws.
B. Building Lots:
Every building or structure hereafter erected within
the City of Wheat Ridge shall be located on a lot, as
defined herein, and in no instance shall there be more
than one main building on one lot except as permitted
tiOOer-Pl-anned-Res-i-Ge!Tt-ia-l Development, I'lanned
Commerc i-a I-Deve-ffipment-er-tfie--I-ndttstr i aID i skrieh
within a Planned Development District as set forth in
Section 20., or as permitted by the Planned Building
Group (PBG) provisions set forth below.
C. Planned Building Groups (PBG):
1. Purpose.
The primary purpose of this provision is to allow
flexibility and diversification in the location of
structures and the design and land use of a lot
held under single or common ownership by permitting
more than one main structure to be constructed
thereon. It promotes better "verall utilization of
a building site by promoting improved vehicular and
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pedestrian circulation and access, more efficient
layout of parking and a better overall landscape
and architectural design scheme for the total site
while at the same time insuring adequate standards
relating to public health, safety, welfare and
convenience in the use and occupancy of buildings
and facilities in planning building groups.
2. Scope & Limitations.
The procedures and provisions set forth in this
section shall be applicable to all zone districts
except ~ Planned ~dential (I'RD) I'lanned
€emmereial (I'CD) and Plannod IndtiStrial (PID)
Development zone districts as those district
regulations provide for multiple main structures on
a lot under different procedures and provisions.
These provisions shall not be applicable to one
-f-amily d\lellings.
It is not intended for this provision to be used to
circumvent the requirements of the Zoning Ordinance
for lot perimeter setbacks, lot coverage,
residential density or any other provisions for the
Zoning Ordinance except the requirement that only
one main building is permitted on one lot. It also
shall not be construed to waive any provisions of
the Subdivision Regulations. Any subsequent
division of a lot developed in accordance with the
provisions set forth herein shall be required to
meet all subdivision requirements.
3. Application Procedures.
All applications for Planned Building Groups shall
be filed with the Department of Planning and
€emmu~ Development by the owner of the entire
land area to be included within such plan and be
accompanied by a fee of $lOO.OO, adequate proof of
ownership, a certified survey of the parcel, and
~ns-aftd-plats shewi-ng at least the following
~~g-drawn to scale and a Type II Site Plan
which meets the provisions set forth in Section
26.E. of this Zoning Ordinance.
(1) Tfte-tfind-area to bo in~6ed with tho plan,
the pre3en~0ning cla33ificat~n of the
6esignated areas, the pre8cnt zoning
classification of property abutting the land
area to be included within the plan and the
location and alignment of all pUfrlic and
pri-vate right8 of Hay ancl--ptiblic improvements
bounding-and intorsecting the designated aroas
which are proposed to be dcdicated, continued,
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relocated, construeted or abandoned, ,lithin
public and private rights of way presently
existing on abutting property; and
(2) The proposcd finished grade of the dcsigned
areas, shown in contour intervals of not to
exceed two (2) feet; and
(3) Tfi~eation of each existing and each
proposed structure in the designated area, the
use or unes te-be contained therein, the
numfrar of stories, height, gro8s floor area
and-approximate locatien-ef entranco3 and
ffiacli-n~nt8 thereof; and
( 4 ) The---leeaH-en-ecf---&l-l---eutsMe-fBeiHtoies fo'!"
waste disposal or outside storage or displaYT
ancl
(5) All curb cuts, dri'Ting lanes, parking areas,
~ding areas, public transportation point8
and illumination facilities for tho same; ana
(6) All pede8trian walks, molls and open area8 for
use by tenants or members of the public; ond
(7) The location ond height of all walls, fences
and screen planting; and
(8) The location, size, design, height and
e~ntation of 011 signs; and
(9) The types-e-f--surfacing, such a~aving,
tu'f"~ftg-0r gravel to be u8ed-at-~he-various
-l~ion8; ond
(10) Accompany4ng all applications shall be a
~3cape plan which meets the requirements o-f-
Section 27.2.; ana
(11) P'f"e14minory----ft'f"ehcitectural elevations, with
~~atcion as te-kype of construction, sholl
be-submitted on a separote drawing for reviow
at 0 scale not le8s than one eighth inch
equol8 one foot;
(12) Accompany4~~pplications-shall bo a
aFai-nage plan for the-entire site.
All applications under this section shall be reviewed
by the Department of Planning and Community Development
for completeness and if found to be complete, shall be
transmitted to any other agency which might be affected
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by approval of such applications. Any such agency may
transmit comments and recommendations to the Department
of Planning and Community Development. The Zoning
Administrator, the Planning Commission and/or City
Council shall consider such agency comments and
recommendations when establishing necessary conditions
and limitations, and approving applications considered
herein.
d. Approval Procedures:
(1) Administrative Review
The Zoning Administrator shall have the authority
to review and approve, approve with modifications,
or deny applications for Planned Building Groups
for no more than four (4) main structures on a
single lot or parcel, except in the R-l series, R-2
series and A-l zone districts. Applications for
more than four (4) main structures or more than one
(1) main structure in the R-l series, R-2 series
and A-I zone districts, and appeals by the
applicant of the Zoning Administrator's decision,
shall be referred to the planning commission for
review. In reviewing such applications, the Zoning
Administrator shall consider the Standards for
Approval set forth in subsection (4) below and
shall have the authority to establish necessary
conditions and limitations to carry out the intent
of this section.
(2) Planning Commission Review.
Planning Commission shall review and make
recommendations to City Council all applications
for Planned Building Groups which exceed
Administrative review authority and upon applicant
appeal of an Administrative decision. Such
application shall be heard at public hearings, with
notification and-near4ftg procedure8 follOHing th036
same-pFoeeclures a3 fer 3ubdivi3ion hearing3. by
neighborhood meeting, newspaper, letter and posting
as set forth in Section 26.F.
(3) City Council Review.
City Council shall review and decide upon all
Planned Building Group applications forwarded by
Planning commission. Such hearings shall follow
notification and hearing procedures as set forth
for subd~en-ftearings. above for Planning
Commission hearing. Appeal from a decision of the
City Council shall be to the Jefferson County
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District Court as specified in the Colorado Rules
of Civil Procedure.
(4) Standards for ApPI~~. Review.
The Zoning Administrator, Planning Commission
and/or City Council shall have the right to
approve, establish necessary conditions and
limitation in approving, or deny an application
for a Planned Building Group, provided that the
following standards shall be applied in such
approval, denial or in establishing such conditions
and limitations. and In epprovin~ reviewing the
Planned Building Group application, the following
shall be considered:
(a) Tftat Whether the proposed plan is consistent
with the spirit and intent of the Zoning
Ordinance and of the Comprehensive Plan and
that it would not be contrary to the
general welfare and economic prosperity of
the City or the immediate neighborhood and
that the plan has been prepared to achieve
the benefit of improved design;
(b) Tftat Whether there are provided an adequate
amount and proper location of pedestrian
walks, malls and landscaped spaces to prevent
pedestrian use of vehicular ways and parking
spaces, and to separate pedestrian walks,
malls and public transportation and loading
places from general vehicular circulation
facilities;
(c) Tftat Whether the design provides for an
arrangement of buildings and vehicular open
spaces so that pedestrians moving between
buildings are not unnecessarily exposed to
vehicular traffic;
(d) Tftat Whether the plan provides for proper
height, orientation and location of signs
compatible with adjacent areas and with
respect to traffic control devices;
(e) That Whether the design is adequate for
internal efficiency of the plan, considering
the functions of residents, tenants and users,
and including but not limited to public
access, safety and such other factors
including storm drainage facilities;
(f) Whether adequate and convenient arrangement is
provided for roadways, driveways, off-street
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parking and loading space, facilities for
waste disposal and illumination;
(g) Thai'; Whether external effects of the plan are
controlled, including but not limited to
movement and congestion of traffic,
arrangement of signs, placing of lighting
devices to prevent the occurrence of
nuisances, and the prevention of the
accumulation of litter and trash;
(h) Tha~ Whether the plan is in compliance with
the building and fire codes relative to all
aspects of construction and site development,
including but not limited to accessibility by
emergency vehicles;
(i ) That Whether the plan has considen.cJ U"
comments and recommendations made by thL
various review agencies to the greatdst extLnt
possible or practical under the circumstances;
(j) That Whether necessary public improvements,
including but not limited to, curb, gutter,
sidewalk, roadway, and drainage facilities as
required are provided for in the plan for
construction and dedication.
e. Recordings of Planning Building Group Plans:
All approved Planned Building Group plans, including
all conditions and limitation stated thereon, shall be
recorded in the office of the Jefferson County Clerk
and Recorder as an "Official Development Plan", and no
building or site preparation permits shall be issued on
property ~ubject to such plan until such plan has been
duly recorded. All Planned Building Group plans
together with associated recording fees, must be
submitted to staff within 60 days of the approval date,
otherwise such approval may be reconsidered. Upon the
face of such plan, the following Declaration, Signature
Blocks, Approvals and Certification shall be stated:
Declaration of Planned Building Group
Whereas,
(Insert name of all applicant(s) and owner(s)
have submi tted a Planned Build.ing Group Plan for the City of
Wheat Ridge's approval pursuant to Wheat Ridge Code of Laws,
Section 27.B.2., et seq., for the land area legally described as:
------
(Insert legal description of entire land area to be covered by
the Plannod Building Group); and
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WHEREAS, the City of Wheat Ridge has approved said plan on
(Insert date of approval)
Now, therefore, upon final approval of the Planned Building Group
by the City of Wheat Ridge, this declaration is notice to
prospective purchasers of the land area and to all others that it
is the subject of a Planned Building Group and that said plan and
the ordinances relating thereto are binding on subsequent
purchasers, successors and assigns unless the plan is abandoned,
amended or withdrawn in writing and duly recorded and shall limit
the construction, use and operation of all land and structures
included within such plans to all conditions and limitations set
forth in such plans and ordinances.
By:
Name of Owner(s)
Approved:
Wheat Ridge Community Development Director
State of Colorado )
)
County of )
The foregoing instrument was acknowledged before me this
day of , A.D. 19 ,by
(Name of all applicant(s)/owner(s)
Witness by hand and official seal.
My Commission Expires:
Seal
Notary Public
f. Amendment or Withdrawal of Recorded Planned Building
Groups:
Pursuant to the same procedure and subject to the same
limitations and requirements by which such plans were
originally approved and recorded, Planned Building Group
plans may be amended or withdrawn, either partially or
completely, if all land and structures remaining under such
plans can be made to comply with all conditions and
limitations of such plans and all land and structures
withdrawn from such plans can be made to comply with all
regulations and ordinances of the City of Wheat Ridge
unrelated to any special plan hereunder. Planned Building
Group plans which have been approved by Planning Commission
and City Council may have minor administrative adjustments
or changes approved by the Director of Planning and
Development, provided that such adjustments or changes will
not cause any of the following to occur:
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(1) A change in the character of the development;
(2) An increase in the intensity of use;
(3) A reduction in the originally approved separations or
distances between buildings;
(4) Any change which would create problems for circulation,
safety or with utilities;
(5) An increase of the external effects on adjacent
property;
(6) A reduction in the originally approved setbacks from
property lines which would violate the minimum setback
requirements of the underlying zone;
(7) An increase in total floor area or of the ground
covered by structures;
(8) A reduction in the ratio of off-street parking and
loading space to gross floor area in structures;
(9) An increase in approved residential densities.
Any amendments to recorded Planned Building Group
plans, whether amended administratively or by action of
Planning Commission or City Council, shall be recorded
with the Jefferson County Clerk and Recorder in the
same manner as the originally approved and recorded
plan. Any withdrawal or partial withdrawal of an
approved and recorded plan shall be certified by the
recordation of a "Declaration of Withdrawal" of a
Planned Building Group.
g. Subdivision of Land Subject to Planned Building Group
Plan:
Wherein it is desired to subdivide a parcel of land,
exclusive of condominium subdivision, which is either
currently subject to, or is proposed to be subject to,
the provisions of a Planned Building Group Plan, all
requirements of the underlying zone district shall
apply, except that setback, from interior lot lines
(that is lot lines not abutting public streets or
abutting adjacent separately owned property) may be
less than normally required if approved by Planned
Commission and/or City Council at the time of
subdivision approval. In addition, any land or
facilities used in common, such as but not limited to
drainage facilities and areas, common parking areas,
ingress/egress drives, and landscaping or open space
areas, shall be reserved by easement, or other
acceptable instrument, for the continued right of
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common use of these areas of facilities. Maintenance
of any such areas or facilities shall accrue to the
owner of each individual lot wherein such common area
or facility lies, except that other property
maintenance agreements may be acceptable if approved by
the City Attorney.
It is the intent of this Section 27.C. that subdivision
review may be carried out simultaneously with the
review of Planned Building Group Plans permitted
herein. All requirements of the Subdivision
Regulations for either Minor (4 or fewer lots) or for
Major (5 or more lots) Subdivisions, in addition to
those of a Planned Building Group Plan, must be
satisfied if there are any parcel divisions created, or
if there are any dedications for streets or other
public purposes. In cases where subdivision
requirements are to be met as described herein, the
applicant must submit separate sheet(s) in addition to
the Planned Building Group Plan.
D. Development on Multiple Parcels or Lots. (Consolidation
Plat or Deed)
It is the intent of the City of Wheat Ridge that
wherein a development entails the aggregation or
consolidation of two (2) or more lots or parcels of
land or portions thereof in order to accommodate such
development, such shall be considered a DEVELOPMENT
LOT. Prior to issuance of a building permit in such
instances, the owner shall file a Consolidation Plat or
a Consolidation Deed together with Certified Boundary
Survey, which Plat or Deed and Survey shall be reviewed
by the Department of Public Works for accuracy, and if
found to be accurate, shall be recorded, by the owner,
with the Jefferson County Clerk and Recorder.
All consolidation plats or consolidation deeds for
multifamily dwelling development shall be accompanied by
a Type I Site Plan, as set forth by Section 26.E. of
this zoning Ordinance. Such consolidation plats and
deeds, together with the Site Plan shall be subject to
review by Planning Commission and City Council following
the same application procedures, notice requirements and
approval procedures and standards for review as for a
Planned Building Group. that Planning Commis3ion and
City Council reserves-the right to rCview-development
projects for any proposod new development,
rodevelopment, additions or oxpansion8, except single
-f-amily residential, wherein that dcvelopment entails the
Qggre~0n or consolid~n of two (2) or more lOt3 or
parce13 o~nd or portions thereof, in order to
accommodate the propo8cd d~opment. Anyone propo3ing
such 3hall be requirod to sufrffiit a Consolidation P~
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Bnd~n some instafices a Site Development Plan, for
approval. The purpose of these provisions is to avoid
the construction of overly large buildings which may
negatively impact surrounding neighborhoods by
obstructing light and air and by making access for fire
protection difficult; to prevent construction of one
large building to avoid compliance
with the Subdivision Regulations, and to encourage
construction of smaller buildings which could give
opportunities for better design of setbacks,
landscaping, parking, vehicular and pedestrian
circulation, and drainage facilities.
8-.- Seepe.-
The procedures and provi3ions set forth in this
sub3ection 3hall be applicable to all zone district3
except the I'lanned Residential Development (pnD),
Planned Commercial Development (PCD), and Planned
Industrial Development (PID) Zone Di3trict3, a3 tho3e
district a3 provide for 3ubdivi3ion review at time of
plan approval. Those provision3 shall not be
applicable to one family dwellings.
A con8olidation plat shall be fi~ed in the form of, and
~~ing the same roquirements and approval procedures
as 0 8ubdivi8ion (for consolidation of more than four
(4) lots or parcels), or a minor subdivision (for
e0fis~6ation of 2, 3, or 4 lot8 or-parcels).
tn-a6~-ion te-tfic requirement of filing a
Con8olida~on Plat for review and approval, a Site
Development Plan 8h~1 be required to be 8ubmitted for
review and approval in the R 3, R 3A, II 1, II 2, and PF
1 Zone Districts, where parcel or lot con8olidation for
3ite development is propesed. Such Site Development
Plan s~l bo filed in the form of, and folloH the 3ame
requirements and approval procedures a3 a Planned
Building Croup (PDC), even if only a 3ingle 3tructuro
i8 propo3ed.
E. Cluster Subdivision
l. Definition. A cluster subdivision is a subdivision
of land in which the areas and widths of
residential lots are reduced below the minimum lot
area and lot width requirements of the zoning
district in which the subdivision is located and
where common open space areas are provided to
compensate for such lot reduction.
2. Permitted uses. A cluster subdivision shall be
permitted use in the Residential-One, Residential-
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One A, Residential-One B, Residential-One C,
Residential-Two, Residential-Two A, Residential
Three and Residential-Three A districts and
notwithstanding any other provision of this
ordinance, the provisions as hereinbefore set forth
shall be applicable if any conflict exists.
3. Cluster subdivisions are intended to allow
flexibility in subdivision lot design by permitting
the development of homes on lots smaller than
normally required for the zoning district in which
the subdivision is located and by dedicating or
reserving land so saved to needed open space. It
is not intended that this type be universally
applied but only where circumstances of natural
features and land use make it appropriate and of
special benefit to the residents of the subdivision
and surrounding area.
4. General regulations. Where land is proposed for
subdivision into lots and a subdivider dedicates
for recreational use or open space a reduction in
the minimum lot area and the lot width required for
the zoning district in which the cluster
subdivision is located, may be approved by the
planning commission; provided, the provisions of
this section are met and provided the cluster
division receives subdivision approval.
5. Lot area regulations. The minimum lot area for
dwellings may be reduced below the area normally
required in the zoning district in which the
cluster subdivision is located, but no lot shall be
reduced in excess of twenty (20) per cent of the
minimum lot area required for such dwelling or
structure in such district.
6. Width, yard and height regulations. Yard, yard use
and height regulations shall be the same as for the
district in which the cluster subdivision is
located. The minimum lot width and side yard may
be reduced below the width and side yard normally
required in the district in which the cluster
subdivision is located, but no lot shall have a
width or side yard reduction in excess of twenty
(20) per cent of the minimum lot width or side yard
required in the applicable zoning district.
7. Open space substitution. There shall be
permanently reserved within the subdivision for
recreational and/or open space parcels of land
whose total area is not less than the amount by
which the areas of the residential lots are reduced
below the minimum area normally required in the
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zoning district in which the cluster subdivision is
located.
8. Open space preservation and maintenance.
Recreation and/or open space areas to be
permanently reserved shall be improved, landscaped
and maintained in accordance with plans approved by
the Planning Commission and Parks and Recreation
Commission or by their designated representatives.
Such appeal shall be made prior to the cluster
subdivision becoming a permitted use in the zoning
district in which it is proposed.
9. Cluster subdivisions shall be reviewed pursuant to
the procedures set forth in the Subdivision
Regulations, Wheat Ridge Code of Laws, Section 26.
Article III.
~ Ne-b~i~ermit or cortificate of occupancy shall be
issued or approved for any structure not adjacent to a
~l width declicated street as requirod in the
SueMvision Regul-aMons of the City of Wheat Ridge or in
a sit-tla-tion where----such requiremefit cannot be met, a
cledi~ated public stroet as required by the City of Wheat
Ri-clge I'lann1-ng-Department an-Pttfrl-ic Worl(s Department or
where sucft-re~uirement cannot be-met,-en-easement(s) or
p~ate roadway or as permitte~~ere in this
erocinance.
F. Building Setback Exception:
If fifty (50) percent or more of the main buildings
within a built-up area in any residential district have
more or less than the required front yard, each new
main building shall have a front yard not leS3 than
consistent with the average building setbacks in the
immediate area built up area, except that for the
purpose of computing such average, a front yard in
excess of fifty (50) feet shall be deemed to be fifty
(50) feet, and a setback less than fifteen (15) feet
shall be deemed to be fifteen (15) feet. For the
purpose of this regulation, an immediate area shall be
deemed "built-up" if fifty (50) percent or more of the
lots within the same block and within two hundred (200)
feet on each side lot line of any particular lot have
been improved with buildings. However, in no instance
shall a structure encroach into a required site-
distance triangle.
F. ~ot line sholl hereafter be amended or changed in
any manner for the purpose of altering any of the
required areas or distance3 required for any use.
G.- E'v'ery SHimming pool \lhich is constructed ~li thin the
City of Wheat Ridge shall be enclosed by a 8ix foot
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.fence-wi lh - all~ gate;3-being-se-l'f-loeking-a{l~-esed-ancl
kepl;-leeked-whenthe-peo1-:i:s-net--:in-use. In si tua't-iililS
where------the--si1!-.foot----fence-requ-irement----exeeeds--ether
f ence- he iiJht--requ icrement-s-,-the-hicg he-r--r equi-rem~H.-
~ake-pFeeedenee7
G. Emergency Shelters Operated by Churches:
Within any district which permits churches that were
existing in the City at the time of passing of this
Ordinance, a church corporation or a nonprofit corporation
with church-sponsorship may operate an emergency shelter
under the following limitations. This section describes an
additional church function which may take place in a church
facility for the purpose of meeting an urgent community need
to shelter the homeless families.
The shelter shall be for families and single persons. The
maximum stay of any person shall be three weeks. There
shall be a maximum of 45 people allowed per shelter on any
night. The shelter shall be responsible for providing
t.cansportation of the homeless out of the area during the
hours the shelter is not in operation. This shall be a use
by right in any church building or in any church owned
facility, provided -Lhat the license requirements of
Subsection 1. hereof, are met. The structures must meet the
Building Code, the Health Codes of the County and State, and
conform to all City Codes for the primary use as a church.
1. License Requirements.
Any church organization wishing to operate an emergency
shel ter shall apply for and receive a license through the
Planning and Development Department for a period of four
months, unless the applicant re-applies for an extension.
The fee for such license application shall be $j.OO. Along
wi th the application shall be information indicating the
name of the organization operating the shelter, the related
church sponsorship, the name of the on-site manager(s) with
identifying information, the phone number at the site, the
address of the shelter location, the number of people, to
be housed in the shelter relating to Building Code require-
ments, a letter from the Jefferson County Health Department
indicating that the facility meets all current codes, and a
certificate of inspection from the Wheat Ridge Building
Division indicating that Building Codes and the Fire Code
requirements are met.
The facility and/or its personnel ,,/ill be responsible for
the following:
a. A written established policy for aCLeptance into the
shel ter. This policy will either provide that all
shel ter occupants will be pre-screened by recognized
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social agencies or that the facility will employ a
counselor with the training and competency to screen
out and refer elsewhere persons with drug, alcohol,
personal or emotional problems which make then unsuita-
ble for this kind of minimal-care facility.
b. The hours of operation shall be determined by the
individual shelter. Adequate supervision shall be
provided during the hours of operation.
c. Provisions of all meals; however, meals may not be pro-
vided to other than inhabitants, staff and visiting
church and social agency personnel.
d. Proper care and supervision of children.
e. An established referral network and transportation to
existing health, job counseling, housing, police,
legal, welfare and other social agencies.
f. On site or liaison personnel with the training and/or
experience to establish an individualized plan of
services or treatment necessary for each family to
improve its ability to function independently in the
community.
g. A copy of contract between the church and the applicant
shall be attached to the application.
2. Signature on license.
The following official shall sign each license that is
issued:
a. The Director of Planning and Development.
b. The Mayor.
All complaints shall be referred to the Department of Plan-
ning and Development. If three or more complaints are
received which upon investigation by the proper agency
indicate actual problems of operation of the facility a
public hearing shall be set before the City Council to
review the complaints and accept any additional evidence
which may be submitted at the hearing to determine if the
license should be revoked. The Director of Planning and
Development may initiate a public hearing based on a single
incident if it is considered to be serious enough to justify
a hearing before the City Council. The Council shall judge
the evidence to determine if the shelter is meeting the
requirements in the ordinance. If Council after receiving
evidence at such public hearing determines that the provi-
sions of this section is being violated so that operations
of the shelter creates a situation detrimental to health,
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safety or welfare, such license shall be revoked. Such
notice of public hearings shall be by a sign being placed on
the premises and a notice in a local newspaper of general
circulation, at least seven (7) days prior to the hearing."
H. Standards and Criteria for Design, Installation and
Maintenance of Holding Tanks for Sanitation Purposes.
1. In those all instances and cases where installation
and maintenance of holding tanks for storage of
sewage is required by any sanitation district
providing service to property wi thin the City of
Wheat Ridge, which property is 80ught to be rezoned,
no rezoning application shall be approved by the
Planning Commission or City Council unle3s the
district requirements are met, or in cases where a
district has n~~ standa~s, the following
design, installation and maintenance 8tandards and
criteria shall be met. plans for such holding tanks
shall meet the following design, installation and
maintenance standards and criteria, or the
sanitation district's criteria whichever criteria is
most restrictive, and such plans shall be subject to
review and final approval by the Planning Commission
and City Council under conditional use provisions of
Section 26.A. of this Zoning Code.
a. Holding tanks shall be designed for a minimum of
one-day's capacity, controlled discharge timed
for low flow period between midnight and 6:00
a.m. (between midnight and 6:00 a.m., at a
discharge rate not to exceed 0.5 c.f.s.).
b. A holding tank of 24 hour capacity may be
concrete, steel or fiberglass; although if the
tank has a round bottom, pumps must be set so
that the entire tank will be emptied to prevent
an accumulation of solids in the bottom.
c. Dual pumps shall be installed with each pump
having the capacity to empty the tank during the
designed discharge period of midnight to 6:00
a.m.
d. An automatic pump control system activated by a
time clock of an electrical system automatically
energized between midnight and 6:00 a.m. shall
be provided and installed.
e. A submergible aerator mixer shall be
operational in the tank to prevent sewage from
settling and becoming septic.
-16-
f. All tanks shall be vented through a building
stack.
g. A high fluid warning light and alarm horn shall
be operational.
h. Any system designed and installed within the
City is the responsibility of the owner to
operate and maintain. Prior to obtaining a
Certificate of Occupancy, the owner shall
furnish the City a specific and satisfactory
maintenance program commitment and/or agreement.
2. The standards and criteria set forth in subsections
l.a. through l.h. above constitute minimum standards
and criteria for safe and acceptable holding tank
design, installation and maintenance. Authority is
specifically reserved to the City Council to require
design, installation and/or maintenance subject to
more stringent criteria and standards than those set
forth herein upon a specific finding by the City
Council that imposition of such stringent
requirements is specifically necessary to protect
the health, safety and welfare of the public,
provided that no rezoning application shall be
denied for the failure of any rezoning applicant to
meet such additional standards and requirements
unless said applicant has been advised of the
content of and necessity to meet such additional
requirements in writing by either the Planning
Commission or the City Council no less than 30 days
prior to the date upon which said rezoning
application is finally heard and decided.
3. The City of Wheat Ridge specifically reserves the
right and authority to inspect and approve the
design and installation of any holding tank prior to
issuance of a Certificate of Occupancy upon any
building or structure. The failure to any holding
tank to meet the requirements imposed upon it
pursuant to this subsection 27(1) shall constitute
grounds for the denial of any Certificate of
Occupancy or the issuance of an Order to vacate the
premises as a "dangerous structure" pursuant to the
provisions of the Uniform Code for the Abatement of
Dangerous Buildings, 1982 Edition, adopted by the
City in Ordinance 509, Series of 1982.
4. Violation-ef any provision of thi8 ordinance shall
con3titute a misdemeanor, and-tipon conviction any
violation 8hall be 8ubjcct to a penalty not to
exceed 8999.00. In addition, authority i8
specifically re8erJed to the City to enforce the
within provision by injunctive relief. hny costs
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or expenses incurred by the City in Gnforcement of
the pro~isions of this Section 27(1), including
reasonable attorneY'8 fees, sholl be awarded to the
City upon it3 successful prosecution of any action
seeJ{ing injunction relief based upoIT-Violation of
any of the pro~isions of this Section 27(1).
I. Fences, Walls, and Obstructions to View.
Fences and divisional walls are permitted in any zone
district with the issuance of a fence permit approved by the
Planning and Development Department in accordance with the
following provisions:
1. No fence, divisional wall, or hedge above the height of
forty-eight (48) inches shall be permitted wi thin a
minimum required front yard, or above the height of six
(6) feet in instances not otherwise specified.
2. Sight Distance Triangle Requirement:
a. No fence, divisional wall, hedge or other obstruction
to view in excess of 42 inches high, except for
permitted landscaping, signs, or public utility poles
shall be established or maintained on a corner lot,
within a triangular area bounded by the lot lines and
a line connecting points on each lot line either
twenty five (25) feet from the intersection of such
lot lines for local streets, or fifty five (55) feet
from the intersection of such lot lines for collector
or arterial streets. The same shall apply to the
intersection of driveways and public street, except
that the sight distance triangle may be reduced to
fifteen (15) feet. Street trees required by Section
27.2 and signs allowed by Wheat Ridge Code of Laws,
Chapter 19.A Signs, may be permitted within the
regulated sight distance triangle, provided that the
area between thirty six (36) inches and ninety six
(96) inches high is maintained free and clear of
obstruction, and further provided that a sign pole
does not exceed one (1) foot in diameter. One and
two family dwellings shall be exempt from application
of the fifteen (15) foot driveway sight distance
triangle requirement. (See Figure 27.I.l.)
b. Amortization of Nonconformities
Within a required sight-distance-triangle, any
legal nonconforming landscape plant materials shall
conform to these regulations within three (3) years
of the date of adoption of this ordinance. Any
legal nonconforming fences, divisional walls, or
signs shall conform to these regulations within
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five (5) years. For more specific requirements
regarding nonconforming situations, see Section 25.
3. Support columns, poles, or posts, shall be permitted to
be constructed up to one (1) foot higher than the
permitted fence heights, however, the columns, poles,
or posts, cannot be constructed in such a manner as to
constitute a traffic hazard due to obstruction of view.
No such column, poles, or posts, which extends above
the maximum fence height shall be permitted to be
constructed greater than two ft. by two ft. (2 X 2) and
no less than ten (10) feet on center.
4. Fences and Divisional Walls Permitted:
a. Masonry Walls
b. Ornamental Iron
c. Woven Wire and chain link
d. Wood
e. Hedges
f. Barbed Wire:
1) Barbed wire shall be permitted only in
Agricultural One (A-I) zone districts, or
within any zone district if located within
Flood Plain areas, or in Residential zones for
the keeping of large animals where allowed
provided any barbed wire is located at least
three (3) feet inside of another permitted
fence and that other fence is at least 42
inches high; or
2) Barbed wire shall be permitted in Commercial
and Industrial Zone districts where placed on
top of a six foot high fence or higher where
permi tted. Barbed wire placed on top of a
fence shall not be counted toward the height of
a fence. The barbed wire placed on top of a
fence shall not be greater than two (2) ft. in
height and shall point inwards towards the
property.
5. Fence Type Prohibited:
a. Any fence, if in the opinion of the Chief Building
Inspector, Public Works Director, or Chief of
Police that would constitute a hazard to the health
or safety of any person; and
b. Any fence which does not comply with the provisions
hereof, unless a variance has been approved.
6. Planned Developments:
Fences and divisional walls within a Planned Develop-
ment may vary from the standards set forth herein,
however in such case they must be in conformance with
the provisions specifically set forth for fencing and
walls as approved in the Official Development Plan.
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7. Recreational Fences:
a. Open fences (over 80% open) may be constructed to a
height not to exceed 10 feet for the uses listed
below. Such fences shall conform to all setback
requirements for structures in this district:
Recreational uses:
(1) Tennis Courts
(2) Volley Ball Courts
(3) Swimming Pools
(4) Golf Driving Ranges
(5) Goals and Backstops
(6) Other similar uses
b. Swimming pools shall be enclosed by a six foot fence
wi th all gates being self-locking and closed and
kept locked when the pool is not in use. In
situations where the six foot fence requirements
exceeds other fence height requirements, except for
sight distance requirements, the higher requirement
shall take precedence.
8. Maintenance: All fences shall be maintained in a
structurally sound and safe condition, and shall not be
allowed to deteriorate so as to become unsightly nui-
sance to neighboring property or to the general public.
J. Satellite Signal-Receiving Earth Stations
1. Definitions
A "satellite earth station" means an antenna of any size,
shape or description designed for the purpose of receiving
microwave transmissions directly or indirectly from
satellites.
2. Permit Required; Application and Fee
No person shall erect a satellite earth station in the
City without first obtaining a permit, and no installation
or erection shall commence before such permit is issued.
3. Application for Permit and Plans
a. Any person who desires to install or erect a satellite
earth station shall apply to the Department of
Communit~ Planning and Development for a permit. An
occupant, renter, or co-owner shall have the written
permission of all owner(s) of the lot, premises or
parcel of land within the City on which such satellite
earth station is proposed to be installed or erected.
b. The applicant shall submit a written application upon
forms provided by the Department of Planning and
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Community Development and shall also submit (1) a plot
plan of the property or parcel of land showing the
exact location of the proposed satellite earth station
and all other buildings on the subject property; (2) a
description of the kind of satellite earth station
proposed; (3) plans showing specifications and
elevations of the proposed satellite earth station
with sufficient details to show the method of assembly
and construction.
c. The written application shall indicate the names of
the owner(s) of the subject property, the occupant of
the subject property, the occupant of the subject
premises and the contractor or other person proposed
to construct or erect the proposed satellite earth
station.
d. The Director of Planning and Community Development, or
his designee, may issue the permit provided the
applicant has met all requirements of this Chapter.
4. Permit Fee
Prior to issuance of a permit for a satellite earth
station, the applicant shall pay the fee specified by the
Uniform Building Code for building permits, based on
valuation of the project.
5. Inspection and Installation
The Director of Planning and Community Development, or his
designee, may inspect and re-inspect erected or installed
satellite earth stations and should, in his opinion, any
structural or electrical deficiencies become apparent or
develop with regard to the said satellite earth station
such as to cause said station to be or to become out of
compliance with any City adopted Codes or Ordinances or
Regulations, he shall require compliance with the
provisions of applicable codes.
6. Location of Satellite Earth Stations
a. Residential Zone Districts
A satellite earth station may be located in a
residential zone provided that it is:
(1) Neutral in color, non reflective and bears no
advertising emblem or information other than the
name of the manufacturer in letters not to exceed
two inches (2") in height; and
(2) Limited to one (1) per lot, except multifamily
developments may have one (l) per main building
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where there are multiple main buildings on a lot;
and
(3) Not in excess of threo meters or ten and one half
(10 1/2) twelve (12) feet in diameter; nor
fifteen (15') feet in height; and
(4) Not roof mounted; and
(5) Located only in the rear or side yard with the
base a minimum of ten feet from any property
line, except that where a side yard abuts a
public street such antenna shall not be permitted
in that yard; and
(6) Screened so that the full visual impact of
satellite receiving antennas shall be reduced. fry
screening. If the subject parcel adjoins a
residential zone, all antennas shall be placed a
minimum of ten feet (10') from any lot line and
effectively screened by a fence, wall or dense
soreening hedge to a maximum height of six feet
(6'). Said fence, wall or hedge shall be located
on or near the lot line bounding the residential
zone and shall otherwise comply with the
applicable zoning requirements governing its
location. A satollite earth station shall be
located only in a rear yard a minimum of ten feet
(10') from any lot line.
b. A satellite earth station may be located in any
business, commercial or industrial zone provided that
it is:
(l) Neutral in color, non-reflective and bears no
advertising emblem or information other than the
name of the manufacturer in letters not to exceed
two inches (2") in height; and
(2) Limited to one (1) per lot or per main building
whichever i3 less; and
(3 )
Not in excess of twelve feet
twenty (20') feet in height,
mounted); and
(12') in diameter or
(unless roof
(4) Not in excess of the maximum height of the zone
district in which the satellite earth station is
located, if roof mounted. A study of roof
capabilities to handle the additional load shall
be submitted with permit and plans; and
(5) Not constructed any closer to the ground, if not
located directly on the ground, than seven ten
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feet (7') (10') above ground level from uny
stroet adjoining the lot; and
(6) Not located between a building and a front lot
line, if ground-mounted. The full visual impact
of satellite receiving antennas shall be reduced
by screening. If the subject parcel adjoins a
residential zone, all antennas shall be place a
minimum of ten feet (10') from any lot line and
effectively screened by a fence, wall or dense
screening hedge to a maximum height of six feet
(6'). Said fence, wall or hedge shall be located
on or near the lot line bounding the residential
zone and shall otherwise comply with the
applicable zoning requirements governing its
location. A sutcllite carth station shall be
~ed only in a rear yard 0 minimum of ten feet
(10') from any lot line.
7. Satellite Earth Station Construction; Support
Structures
a. The maximum diameter of any satellite earth
8tation sholl not exceed twelve feet (12' ).
a.fro Only galvanized metal support construction
or equivalent shall be permitted.
b.e. The structure, installation and
electrical wiring must be in conformance with
the National Electrical Code and any other
applicable City building, zoning and fire
codes.
c.e. Only a concrete base or caissons,
depending on soi 1 conditions, extending not
less than three feet (3') below the surface
shall be employed in line with grade.
eo The maximum height of any 3atcllite earth
3tation 8hall be ten (10') fTem-flatural grade
level except when roof meunted, then it 8hall
not exceed thirty five feet (35' ).
d.-f-7 The structure, including the foundation,
shall be designed to withstand wind force of
up to ninety (90) miles per hour.
e.~ Any driving motor shall be limited to 125
vol t maximum design voltage and all other
rotating parts shall be contained in
protective guards.
f.fi7 The satellite earth station shall be
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bonded to a grounding rod in accordance with
the requirements provided in the National
Electrical Code.
~ Prohibitions and Penalty
No per3on, firm or corporation shall erect or
maintain a satellito earth 8tation except in
compliance with pro~isions of this Chapter. Any
violation of these pro'v'ision3 sholl be 0
misdemeanor, and upon conviction, shall 3ubject
the violator to a fine not exceeding nine hundred
ninety nine dollars (C999. 00). In addition, any
structure erected or maintained in violation of
the provisions of this Chapter shall be deemed
and considered a nuisance, and the City is hereby
empoHered to obtain injunctive relief requiring
abatement of said nuisance, including the remo~al
of any structure erected or maintained or
installed in violation of the terms of this
Chapter. In the e ,lent tho City is forced to
enforce the provisions of this Ordinance through
the seeking of injunctive relief, the City shall
be reimbur8ed for all of its costs, expenses, and
attorney' 8 foes incurred in enforcing the
pro~ision3 of this Chapter.
~ Amortization
Subject to the provisions of this Section 9, any
satellite earth station now existing in the City
of Wheat Ridge is hereby declared to be a legal
non conforming atructuro; t~at any such legal
non conforming structure Hfl4-eh is reflective, not
screened 88 provided for in this Ordinance,
located in a front yard, or is-roof mounted in a
residential zone shall be modified 30 os to be in
compliance in all respectB Hfifi----t'he pro,lisions of
this Section 27.J on or-beforc January 1, 1987,
unless a Variance is graflted-pur8uant to Section
10 of this Ordinance prie-:F--to January 1, 1987.
Any such legal non-eefi~~~ng 8tructure not
brought into compliance, or gr-anted a Variance,
as 3pecifically pro~bfrefr--herein by that date
shall become, on and afker that date, an illegal
structure subject to the provi8ions of Section 8.
abOve.
8. Board of Adjustment Authority
Authori ty is expressly granted to the Board of
Adjustment to hear requests for Variance, and to
grant Variances, from the provisions of this
Ordinance.
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9. ~ Exemption of Cable Television Permitee
It is the expressed intent of the Wheat Ridge
Ci ty Council that the provisions of this
Ordinance shall not apply to American Cablevision
of Wheat Ridge or any successor additional
franchisee or permittee under Chapter 2lA of the
Code of Laws of the City of Wheat Ridge.
10. ~ Statement of Purpose
The City Council of the City of Wheat Ridge is
cognizant of the provisions of the Rule adopted
by the Federal Communications Commission as
Section 25.104 of the Commission's Rules and
Regulations. As its response thereto, the City
Council of the City of Wheat Ridge does hereby
declare that the purpose of adopting this Section
27. J. is to protect the aesthetic integrity of
the City of Wheat Ridge and the neighborhoods
thereof. In adopting said Section 27. J ., the
Ci ty Council has attempted to adopt regulations
which provide for such aesthetic protection while
placing the least possible restrictions or
limi tations upon the legi timate abili ty of
residents to avail themselves of the current and
future technology represented by satellite signal
receiving earth stations. The City Council has
knowingly and intentionally provided for
restrictions on such aspects of satellite
receiving earth stations as color and location
and roof mounting because those aspects of
regulation relate directly to aesthetic
considerations which are important to all
residents of the City, not just those who choose
to avail themselves of the technology of
satellite receiving earth stations, and those
aspects of regulations which are deemed not to
interfere unreasonable with the right of a
homeowner or business owner to avail himself of,
and to receive, said technology. In addition, the
right of an aggrieved property owner to seek a
Variance from the provisions of this Section
27. J. provides adequate protection, without
unreasonable or excessive cost, of the rights of
both the user of the technology and the remaining
property owners within the City.
K. Overlay Zone
1. Purpose
This Section 27.K.
regulating the uses
is
of
enacted
property,
for
and
the purpose
design and
of
the
-25-
development criteria applicable to properties, within
areas designated as a "multiple use area" and/or an
"acti vi ty center" wi thin or upon the Comprehensi ve
Development Plan of the city of Wheat Ridge. Because the
Comprehensive Development Plan defines "multiple use" as
including "a mix" of residential, office, and
retail/commercial uses, and because "activity center"
constitute properties of significant development
potential, some of which uses and developments may be
incompatible with neighboring or adjoining properties
and/or uses, imposition of design standards, and the
authority, in certain cases, to limit uses otherwise
provided in underlying zoning districts, is deemed
necessary and proper by the City of Wheat Ridge in order
to maintain the right and authority of the City to provide
for orderly and necessary development while being
sensitive and responsive to the legitimate needs and
concerns of surrounding and adjoining property owners and
residents.
2. Within any area designated as a multiple use area or an
activity center upon the Comprehensive Plan, site plan
approval shall be required prior to final approval of any
Rezoning, Final Development Plan, or Special Use Permit.
The Planning Commission and the City Council shall review
site plans which comply with the requirements of Section
26.E.l for a Type I Site Plan, and shall review and
proposed uses within said areas so as to determine that
such uses as proposed, and design criteria within such
developments as proposed, are compatible with other uses
made, and design criteria utilized, within the
neighborhood and the surrounding area. Uses provided for
in underlying zone districts may be limited, modified, or
eliminated, and/or additional design criteria may be
imposed upon the expressed finding by the Planning
Commission and/or City Council, based upon evidence deemed
persuasive by the City Council and adequately appearing in
the record of a public hearing before either the City
Councilor the planning Commission, that the uses limited,
or the design criteria modified, are incompatible with
uses made upon surrounding properties; or that such uses
as proposed would create excessive traffic, noise or air
pollution; or that such uses or project design would
result in a density or intensity of use which would be
deleterious to the stability and integrity (both economic
and aesthetic) of the surrounding area. Nothing contained
herein shall divest any property owner of any uses by
right granted by underlying zone districts or existing by
virtue of zoning on property as of September 1, 1986,
except upon review of rezonings, final development plans,
and special use permits as specified herein; provided
further than nothing contained herein shall require
submission of a site plan prior to the development of
single family residential units in any area which carries
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a zoning designation of R-1, R-1A, R-1B, R-1C or R-2.
L. Regulations Applicable to the Keeping of Animals
The following regulations apply to the keeping of animals
in zone districts where permitted, except that only
subsection l.b. applies to the Agricultural Zone
districts.
1. Large Animals: Private stable for the keeping of
horses, cows, llamas, sheep, goats, and similar ani-
mals, are subject to the following requirements:
a. Minimum area of lot, excluding area covered by
a main structure and attached carports or patios,
and excluding detached garages, shall be nine
thousand (9000) square feet for the first animal
and an additional six thousand (6000) square feet
for each additional animal, except that offspring
of animals on the property may be kept until
weaned.
b. Manure or liquid waste shall not be allowed to
accumulate so as to cause a nuisance as regulated
by Wheat Ridge Code of Laws, Chapter l3, Sec. ll.
c. The pen, corral, or fenced area for the keeping of
such animals shall meet the following require-
ments:
1. The fence or other enclosure must be
constructed of materials and be maintained in
such a manner so as to adequately contain the
animals.
2. The pen, corral, or fenced area for the regular
keeping of such animals shall not be permitted
within thirty (30) feet of the front lot line,
Except for lots over one (I) acre, or if under
one (1) acre if the lot has no main structures.
3. No part of an enclosure for the keeping of such
animals shall be permitted within thirty (30)
feet of a residence or other main structure on
an adjacent parcel.
d. 1. Structures or those portions of structures,
where animals are housed, shall be no closer
than fifteen (15) feet to a side or rear lot
line, and shall be no closer than thirty (30)
feet to a residence or other main structures on
an adjacent parcel.
2. The structures for keeping of animals are
-27-
accessory structures and shall not be located
within the required front yard setback.
e. The legal, nonconforming keeping of such animals
may be continued so long as such keeping of ani-
mals remains otherwise lawful, except where such
keeping of animals is discontinued for a period of
sixty (60) consecutive days or more, then said
keeping of animals must conform to the provisions
hereof or must cease." Upon sale of a property,
the minimum requirements of Section 27.L.I.a.
(minimum lot areas) shall be met or the keeping of
animals must cease.
2. Small Animals and Poultry: the private keeping of small
animals such as rabbits and chinchillas, or poultry
such as chickens, ducks, geese, pheasants, or pigeons,
shall be subject to the following requirements:
a. Poultry houses, and pigeon coops or the portions
of structures used to house these animals shall
not exceed four hundred (400) square feet of
ground floor area nor 12 ft. in height.
b. Hutches for small animals shall not exceed
one hundred (100) square feet of ground floor area
with a maximum of 2 floors or levels.
c. Maximum ground floor areas for small animals or
poultry set forth above, may be increased by 50%
for each acre in addition to the minimum lot size
for the zone district.
d. All houses, coops, hutches or portions of
structures housing animals shall be located other
than in a front yard, shall be setback at least
fifteen (15) feet from side and rear property
lines, and shall be no closer than thirty (30)
feet from a residence or other main structure on
an adjacent property.
e. The accumulation of animal waste to the extent
that such becomes a nuisance to surrounding prop-
erties is prohibited, as regulated by Wheat Ridge
code of Laws, Chapter 13, Sec. 11.
f. The legal, nonconforming keeping of such animals
may be continued so long as such keeping of ani-
mals remains otherwise lawful, except where such
keeping of animals is discontinued for a period of
sixty (60) consecutive days or more, then said
keeping of animals must conform to the provisions
hereof or must cease."
-28-
3. Keeping of Bees: The private keeping of bees is
permitted in all zone districts, subject to the follow-
ing requirements:
a. Bee hive structures shall be located other than in
a front yard and shall be setback from rear and
side property line a minimum of fifteen (15) feet.
b. Bee hives structures shall be enclosed within a
fenced area or fenced yard.
M. -N. Bed and Breakfast Rooms
Bed and Breakfast rooms are allowed as a Special Use as a
subordinate use of single family dwelling subj ect to the
following requirements:
a. The dwelling must be occupied by an owner or permanent
on-site manager.
b. In addition to the owner's (manager's-) sleeping
quarters and those of his family who also legally
reside within the dwelling, up to a maximum of four (4)
addi tional sleeping quarters for transient occupancy
may be provided for rent based upon the following
requirements:
(1) 12,500 square feet of lot area is required for the
first Bed & Breakfast room.
(2) An additional 1,000 square feet of lot area is
required for each additional room, up to a maximum
of four (4) Bed & Breakfast rooms in total.
(3) Off-street parking, in addition to the spaces
required for the single family dwelling, shall be
provided at the rate of one (1) space for each Bed
& Breakfast room. The location, surfacing, buffer-
ing and access requirements for such parking shall
be established by Planning Commission and City
Council as the required Site Plan is reviewed by
those approving bodies.
(4) Rooming and boarding is excluded as an accessory
use where Bed & Breakfast use is permitted.
c. All Building, Fire, Health, and other applicable codes
of laws shall be met prior to issuance of a Certificate
of Occupancy for the use, even though the Special Use
may have been approved.
d. Signage: One (1) non-illuminated free standing or wall
sign, not in excess of four (4) square feet per face.
Free standing signs shall be setback at least ten (10)
-29-
feet from property lines, and fifteen feet (15) from
driveways, and shall be no higher than four (4) feet.
N. O. Access to Public Streets
No building permit or certificate of occupancy shall be
issued or approved for any structure not adj acent to a
full width dedicated street as required in the
Subdivision Regulations of the City of Wheat Ridge or in
a situation where such requirement cannot be met, on
easement ( s ) or private roadway( s ) of record having a
minimum width of twenty-five (25) feet.
For residential uses, no more than four (4) dwelling
units may use the same recorded easement or private
roadway of record. For non-residential uses in
residential zone districts, no more than lO,OOO square
feet of gross floor area, either individually or in
combination, will be permitted to use the same easement
or private roadway. Commercial and industrial uses will
be permitted such private easements or roadways only
after review and approval by the Public Works Director,
Planning and Development Director, and Fire District.
All private easements or roadways shall be designed to
permit either an adequate vehicle turn-a-round if a dead
end, or through circulation. For non-residential uses,
such private access shall have a paved, unobstructed
driving surface for the entire 25 feet of width. For
residential uses, the first 25 feet from edge of pavement
of a public street, into the property, shall be paved to
a width of no less than 20 feet, and the remaining access
road shall be developed to at least 20 feet of width,
either a paved surface or other all weather surface
including a gravel base.
o. R. Building Setbacks - Measurement thereof:
Generally, building setback shall be measured at right
angles from the closest property line, to the outer most
wall of a building. Encroachment into required setback
areas shall not be permitted except as follows.
a. Porches, patios, decks and balconies which are open
on at least two sides may encroach into a front
setback up to eight (8) feet, or into a side or rear
yard a maximum of one-third the distance to the
closest property line.
b. Architectural Features: Cornice, eave belt course,
sill, canopy or other similar architectural features,
including bay windows may extend or proj ect into a
required front, side or rear yard not more than
thirty inches (30").
-30-
c. Chimneys: Chimneys may project into a required front,
side or rear yard not more than two feet (2');
provided, the width of such yard is not reduced to
less than three feet (3').
d. A fire escape or open stairway may extend into any
front, side or rear yard; provided, the width of such
yard is not reduced to less than three feet (3').
P. Residential Group Homes
1. Residential Group Homes for eight or fewer
Developmentally Disabled persons, mentally ill
persons, or for Elderly persons. In accordance with
Colorado Revised statutes, 1973 as amended, Section
31-23-303, group homes for not more than eight
developmentally disabled, mentally ill persons, and
elderly persons are permitted under the following
conditions:
a. Group Homes for the Developmentally Disabled. This is
a residential facility, licensed by the state for the
purpose of providing twenty-four hours staff care,
shelter, supervision, training and/or rehabilitation to
no more than eight (8) developmentally disabled persons
and additional required staff. As defined in CRS 31-
23-303, "Developmentally Disabled means those persons
having cerebral palsy, neuro-muscular, mental
retardation, autism, and epilepsy". A Group Home for
the Developmentally Disabled shall not be architec-
turally designed so as to be inconsistent with the
character of the surrounding neighborhood. Every Group
Home for the Developmentally Disabled shall meet all
requirements of a single family home and additionally
shall meet the requirement that the lot area shall be a
minimum of 1500 square feet for each bed contained with
the home. No Group Home for the Developmentally Disa-
bled shall be located closer than 2000 feet from anoth-
er Group Home for the Developmentally Disabled and no
closer than 750 feet to a Group Home for the Elderly
and in no instance shall more than one (l) group home
for eight (8) or fewer developmentally disabled persons
permitted within each Council District.
b. Group Home for Elderly Persons. This is a residential
facili ty established as either an owner occupied or
nonprofit group home for the exclusive use of not more
than eight persons sixty years of age or older who do
not need skilled and intermediate care facilities, plus
no more than two (2) live-in staff persons. A Group
Home for Elderly Persons shall not be architecturally
designed so as to be inconsistent with the character of
the surrounding neighborhood. Every Group Home for
Elderly Persons shall meet all requirements of a single
-31-
family home and additionally shall meet the requirement
that the lot area shall be a minimum of 1500 square
feet for each bed contained with the home. No Group
Home for Elderly Persons shall be located closer than
2000 feet from another Group Home for Elderly Persons,
and no closer than 750 feet to a Group Home for the
Developmentally Disabled, and in no instance shall more
than one (1) group homes for eight (8) or fewer elderly
persons be permitted within each Council District.
c. Group Homes for the Mentally Ill. This is a
residential facility for persons with mental illness,
as that term is defined in Colorado Revised statutes,
Section 27-l0-l02, licensed by the state for the
purpose of providing twenty-four hours staff care,
shelter, supervision, training and/or rehabilitation to
no more than eight (8) mentally ill persons and
additional required staff. A Group Home for the
mentally ill shall not be architecturally designed so
as to be inconsistent with the character of the
surrounding neighborhood. Every Group Home for the
mentally ill shall meet all requirements of a single
family home and additionally shall meet the requirement
that the lot area shall be a minimum of l500 square
feet for each bed contained with the home. No Group
Home for the mentally ill shall be located closer than
2000 feet from another Group Home for the mentally ill
and no closer than 750 feet to a Group Home for the
Elderly or Developmentally Disabled and in no instance
shall more than one (I) group home for eight (8) or
fewer mentally ill persons permitted within each
Council District.
d. Prior to occupancy of any Group Home for the mentally
ill, the Developmentally disabled or Elderly Person, a
Certificate of Occupancy must be requested through the
Department of Community Development. The Planning
Division shall review such requests relative to all
zoning requirements, and the Building Inspection Divi-
sion shall review such requests relative to the Build-
ing and Fire Codes prior to issuance of a Certificate
of Occupancy. In addition, the Department of Community
Development shall post a sign on the premises, , in a
highly visible location, for a time period of fifteen
(15) days prior to the issuance of a Certificate of
Occupancy, with such sign announcing the intent to
occupy the premises with a group home. The sign is for
information purposes only so that interested parties
may review the proposal in the Department of Community
Development.
2. Residential Group Homes for nine or more Developmentally
Disabled persons or Elderly persons. Such group homes, as
defined, described and conditioned under subsection B. of
-32-
this section, but where nine or more developmentally disa-
bled or elderly persons are to occupy a group home, shall
be permitted only upon approval of a Special Use Permit,
after public hearing by Planning Commission and City Coun-
cil.
In addition to the standards and criteria set forth under
subsection B. of this section, which apply to Group Homes
for Developmentally Disabled and Elderly Persons, the
following shall be required in order to provide information
for Planning Commission and City Council to reasonably
assess the potential impacts to the community when consid-
ering approval of a Special Use Permit.
a. A Site Plan of the site indicating property boundaries
and total area, location and extent of all existing and
proposed buildings; parking and circulation areas;
landscaping and buffering, fences, walls, etc.; recrea-
tional facilities and open space; outdoor lighting
facili ties; trash receptacles; or any other physical
features that might help identify the expected
character of the proposed facility.
b. For Homes for the Developmentally Disabled, a letter
from the agency licensing the facility with the follow-
ing information:
1. The fact that the agency has licensed or is
preparing to license the facility,
2. Special needs of the residents, such as on-site
schooling or training, and any facilities needed to
meet such special needs.
3. The number of persons for whom the license is being
issued.
4. The approximate ages of the persons expected to
occupy the group home.
c. For Homes for the Elderly, information submitted which
describes the following:
1. Maximum number of persons to occupy the home.
2. Explanation of the general organization and
management of the household.
3. Residential Group Home for Children. This is a residential
facility, lawfully licensed or certified by Jefferson
County Social Services Department, or the state of Colora-
do, and supervised by Jefferson County Social Services
Department, which provides shelter, care, and/or staff
supervision. A Residential Group Home for Children shall
-33-
maintain a minimum lot area of l500 square feet for each
child residing at the home; shall be located no closer than
2000 feet from another group home of any kind; shall pro-
vide view obscuring screening of any additional structure,
such as a trash dumpster or playground equipment associated
with the group home which is inconsistent with the charac-
ter of the surrounding neighborhood. In no instance shall
more than one ( 1) such group home be permitted per each
Council District. In order to assess a proposed Residen-
tial Group Home facility, the following information shall
be submitted by the applicant and used by Planning Commis-
sion and City Council in considering approval of a Special
Use Permit:
a. A Site Plan of the site indicating property boundaries
and area location and extent of all existing and pro-
posed buildings; parking and circulation areas; land-
scaping and buffering, fences, walls, etc.; recrea-
tional facilities and open space; outdoor lighting
facili ties; trash receptacles; or any other physical
features that might help identify the expected charac-
ter of the proposed facility.
b. A letter from the agency licensing the facility with
the fOllowing information:
1) The fact that the agency has licensed or is
preparing to license the facility.
2) Special needs of the residents, such as on-site
schooling or training, and any facilities needed to
meet such special needs.
3) The number of children for whom the license is
being issued.
4) The approximate ages of the children.
5) The proposed procedures and methods to be used in
operating the facility; i.e. permanent resident
staff, rotating staff, owner occupied residence,
etc.
c. Any Special Use Permit granted pursuant to this section
shall be limited to its effectiveness to the applicant
therefore, and shall provide, by its terms, for termi-
nation upon cessation of ownership, management or use
of said applicant. The limitation specified in this
subpart c. is deemed necessary by the City Council in
order to maintain the maximum lawful authority over
the use and user approved by any such issued Special
Use Permit, and is deemed necessary to protect the
integrity and character of surrounding properties and
neighborhoods. In order to achieve that objective, the
-34-
city Council, prior to granting such Special Use Per-
mit, shall be required to determine that the proposed
group home will not have an adverse effect on the
residential character and quality of life in the par-
ticular neighborhoods of its location. The Council may
not deny a Special Use Permit for a proposed residen-
tial group home solely on the basis of neighborhood
opposition, where no valid and substantive evidence has
been offered to show that the proposed residential
group home would have such adverse effect.
d. The Special Use Permit for any residential group home
shall be for a term of one year, and shall be automati-
cally renewable by the Direotor of the Department of
Communi ty Development upon receipt of any application
for renewal if, following review of the files of all
City departments and those of the County Department of
Social Services, it is determined that no written
verifiable complaints concerning the operation of the
group home during the term of the Special Use Permit
have been received. If any such complaint has been
received, the application for renewal must be heard by
the City Council under the same requirements as for a
new Special Use Permit.
Q.t. Home Occupation Regulations:
1. Class I Home Occupation
The use of a portion of a dwelling or accessory structure
for commercial or business activities customarily
conducted in the home and which are incidental to the
primary use as a home or residence, provided however that
the following requirements are met:
a. Such use shall be conducted entirely within a
dwelling or accessory structure except for sales of
plants and produce grown on the premises and carried
on only by the inhabitants living there with the
exception that should the operator be substantially,
physically handicapped, that a nonresident may be
employed to assist the operator in his work to the
extent he requires it to make up for his physical
handicap.
b. Such use shall be clearly incidental and secondary to
the use of the dwelling for dwelling purposes and
shall not change the character thereof.
c. The total area used for said purposes shall not
exceed twenty-five (25) percent of the gross floor
area of the user's dwelling unit.
d. No signage shall be allowed on site to identify Home
Occupation.
-35-
e. No home occupation shall create negative impacts for
the residential neighborhood, and it shall not change
the residential character thereof.
f. The use shall not generate traffic, noise, vibration,
glare, fumes, odors, or electrical interference
beyond what normally occurs in any residential zone
district.
g. There shall be only incidental storage of stocks,
supplies or products related to the occupation con-
ducted on the premises. Merchandise stored or mer-
chandized on the premises which is either for retail
sales or for delivery of pre-sold items, shall be
limited to a maximum area of 100 square feet.
h. There shall be no exterior storage on the premises of
materials, products, or equipment used as part of the
home occupation, nor shall there be any visible evi-
dence, from any property line, except by approved
signs, of operating a home occupation except for
sales of plants and produce grown on the premises.
i. Parking related to the home occupation shall be
confined to the street frontage of the lot in
question, the driveway, and the garage/carport. In
instances where the home is used as an office for
business conducted off-premises, such as by way of
example, a home improvement contractor, lawn care
service, etc., storage of materials, tools,
equipment, trailers, trucks or vans, used in the
business except as specified below, shall not be
permi tted upon the premises from which the home
occupation operates. In addition, parking of
vehicles of employees who work off of the premises,
shall not be permitted upon the premises or upon
streets adjacent to the premises. The home occupant
may park no more than two (2) automobiles and/or one
(1) truck or van, used in the business upon the
premises or within street frontage where allowed,
provided that any such truck or van does not exceed
a one (l) ton chassis. It is preferred that all
tools, equipment and materials be totally enclosed
wi thin this vehicle, or wi thin enclosures attached
to the vehicle.
j. Home occupations shall be limited to the following
business or commercial activities:
( 1 )
Craft work, such as
jewelry, or dolls,
woodworking.
the making of pottery,
flower arranging, smithing
and
-36-
(2) Garment work, such as tailoring, dressmaking,
millinery work, ironing and garment repair.
(3) Office uses, such as office uses for door-to-door,
home party and telephone solicitation sales,
investment counseling, typing, notary public,
travel services, surveyors, physicians, dentists,
lawyers, accountants, architects, engineers and
other similar services.
(4) Repair services for electronics, small appliances,
and mechanical devices, bicycles and upholstery.
(5) Tutoring, music lessons, dance lessons, gymnastics
lessons, swim lessons and tennis lessons.
(6) Artistic endeavors, such
studios, photography
lithography.
as art studios, portrait
studios, writing and
( 7 )
Garage sales, not
periods, which
calendar year.
to exceed four (4) three-day
need not be consecutive,
per
(8) Hair care services carried on by only one (1)
inhabitant of the dwelling. Notwithstanding
28.l6.a., no other employee shall be permitted.
( 9) Small Day Care Home.
(10) Sales directly related to, but merely ancillary to,
the primary home occupation, such as:
(a) Sale of hair care products by a beautician or
barber.
(b) Sale of accompaniment items, such as neckties,
bows, ribbons, or belts for a tailor or
dressmaker.
(c) Sale of component parts or accessories used in
repair services for electronics, small
appliances, bicycles, etc.
(d) Supplies related to a class, course of
instruction, or lessons conducted on the site.
(e) Sales of artistic or craft works, which were
created on the site, such as pottery, jewelry,
dolls, portraits, paintings, sculptures, etc.
(f) Sales of plants and produce grown on the
premises.
(11) Delivery of pre-sold items which were sold either
over the telephone, by door-to-door solicitation,
-37-
or at home parties, such as: Beauty products,
kitchen ware, home products, etc.
(12) Other similar uses as approved by the Zoning
Administrator or Board of Adjustment and when in
conformance with the standards and requirements
set forth herein.
k. In no event shall any of the home occupations
permitted be interpreted to allow any of the following
business or commercial activities.
(1) Body or mechanical repair or modification of motor
vehicles (for hire).
(2) Animal hospital, kennel or animal grooming.
(3) Residential Health Care facility.
(4) Taxidermy of large animals and large fish, and/or
curing of hides and skins.
(5) Parking of vehicles for a fee or any other thing
considered of value.
2. Class II Home Occupation.
The use of a portion of a dwelling or accessory structure
for commercial or business activities customarily conducted
in the home and which are incidental to the primary use as
a home or residence, provided however that the following
requirements are met:
a. A Class II Home Occupation may be permitted only upon
approval by Special Use Permit.
b. In addition to the inhabitants living within a
residential dwelling, one or two employees who do not
reside upon the premises, may be employed and work upon
the premises if approval by Special Use Permit.
c. Such use shall be conducted entirely within a dwelling
or accessory structure except for sales of plants and
produce grown on the premises.
d. Such use shall be clearly incidental and secondary to
the use of the dwelling for dwelling purposes and shall
not change the character thereof.
e. The total area used for said purposes shall not exceed
thirty-five (35) percent of the gross floor area of the
user's dwelling unit.
f.
Such use shall only be allowed on
the following collector streets:
Wadsworth, W. 44th Ave. Harlan to
st. from W. 38th Ave. to 1-70.
arterial streets and
W. 38th Ave. east of
Youngfield, Harlan
g. The only advertising signage permitted shall be one
(1), non-illuminated, non-reflective, nonobstrusive,
-38-
wall or arcade sign which does
square feet in area. Signs will
Zoning Administrator and shall be
a sign permit has been obtained.
not exceed two ( 2 )
be approved by the
permitted only after
h. No home occupation shall create negative impacts for
the residential neighborhood, and it shall not change
the residential character thereof.
i. The use shall not generate traffic, noise, vibration,
glare, fumes, odors, or electrical interference beyond
what normally occurs in any residential zone district.
j. There shall be only incidental storage of stocks,
supplies or products related to the occupation conduct-
ed on the premises. Merchandise stored or merchandised
on the premises which is either for retail sales or for
delivery of pre-sold items, shall be limited to a
maximum area of 200 square feet.
k. There shall be no exterior storage on the premises of
materials, products, or equipment used as part of the
home occupation, nor shall there be any visible evi-
dence, from any property line, except by approvedsigns,
of operating a home occupation except for sales of
plants and produce grown on the premises.
l. Parking related to the home occupation shall be
confined to the street frontage of the lot in ques-
tion, the driveway, and the garage/carport. All on-site
parking areas shall be designed so as to accommodate
the needs of both the residential use, and the
business use, shall be paved, and shall provide for
on-site turn-a-around so that vehicles do not back out
into the street. In addition to the standard residen-
tial dwelling parking requirement, two on-site parking
spaces per non-resident employee shall be required.
In instances where the home is used as an office for
business conducted off-premises, such as by way of
example, a home improvement contractor, lawn care
service, etc., storage of materials, tools, equipment,
trailers, trucks or vans, used in the business except
as specified below, shall not be permitted upon the
premises from which the home occupation operates. In
addition, parking of vehicles of employees who work off
of the premises, shall not be permitted upon the
premises or upon streets adjacent to the premises.
The home occupant may park no more than two (2)
automobiles and/or one (l) truck or van, used in the
business upon the premises or wi thin street frontage
where allowed, provided that any such truck or van does
not exceed a one (1) ton chassis. It is preferred
that all tools, equipment and materials be totally
-39-
enclosed within this vehicle, or within enclosures
attached to the vehicle.
m. Home occupations shall be limited to the following
business or commercial activities:
( 1 )
Craft work, such as the
or dolls, flower
woodworking.
making of pottery,jewelry,
arranging, smithing and
(2) Garment work, such as tailoring, dressmaking,
millinery work, ironing and garment repair.
(3) Office uses, such as office uses for door-to-door,
home party and telephone solicitation sales,
investment counseling, typing, notary public,
travel services, surveyors, physicians, dentists,
lawyers, accountants, architects, engineers and
other similar services.
(4) Repair services for electronics, small appliances,
and mechanical devices, bicycles and upholstery.
(5) Tutoring, music lessons, dance lessons, gymnastics
lessons, swim lessons and tennis lessons.
(6) Artistic endeavors, such as art studios, portrait
studios, photography studios, wri ting and
lithography.
( 7 )
Garage sales, not to exceed
periods, which need not
calendar year.
four (4) three-day
be consecutive,
per
(8) Hair care services carried on by no more than three
(3) employees including inhabitants of the dwell-
ing.
(9) Small Day Care Home.
(10) Sales directly related to, but merely ancillary to,
the primary home occupation, such as:
(a) Sale of hair care products by a beautician or
barber.
(b) Sale of accompaniment items, such as neckties,
bows, ribbons, or belts for a tailor or
dressmaker.
(c) Sale of component parts or accessories used in
repair services for electronics, small
appliances, bicycles, etc.
(d) Supplies related to a class, course of
instruction, or lessons conducted on the site.
(e) Sales of artistic or craft works, which were
-40-
created on the site, such as pottery, jewelry,
dolls, portraits, paintings, sculptures, etc.
(f) Sales of plants and produce grown on the
premises.
(II) Delivery of pre-sold items which were sold either
over the telephone, by door-to-door solicitation,
or at home parties, such as: Beauty products,
kitchen ware, home products, etc.
(12)
other similar uses as approved by the
Administrator or Board of Adjustment
conformance with the standards and
set forth herein.
Zoning
and when in
requirements
n. In no event shall any of the home occupations
permitted be interpreted to allow any of the following
business or commercial activities.
(1) Body or mechanical repair or modification of motor
vehicles (for hire).
(2) Animal hospital, kennel or animal grooming.
(3) Residential Health Care facility.
(4) Taxidermy of large animals and large fish, and/or
curing of hides and skins.
(5) Parking of vehicles for a fee or any other thing
considered of value.
o.
The applicant
neighborhood
Occupation is
shall be required to hold a
meeting to determine if the Home
an acceptable use in the neighborhood.
R. Trash Storage Area Screening
Trash storage for multi-unit dwellings, institutional build-
ings, and all business and industrial buildings or uses
shall be accommodated within the structure, or if located
outside, shall be located or screened so as not to be
visable from adjacent public streets or from adjacent low
density residential dwellings within 100 feet of the trash
storage area. If screened, such screening shall be by a
decorative wall or fence not to exceed six (6) feet in
height, and be constructed such that the enclosure or screen
wall or fence will be protected from damage by normal
removal and replacement of the dumpster by a trash truok, by
incorporation of protective pipe bollards and concrete curbs
outside and inside of the enclosure.
One and two family dwellings and accessory uses, except for
temporary construction purposes, shall not be permitted to
maintain large trash dumpsters, one (I) cubic yard or
larger, as such dumpsters are of a size and type normally
associated with commercial uses.
In no instance shall trash enclosures be permitted
-41-
to encroach into sight distance triangles for driveway or
street corner. No such enclosure shall displace required
parking spaces.
This requirement shall apply to all new development prior to
a Certificate of Occupancy. In addition, all such trash
storage areas in existence as of the date of adoption of
this ordinance shall come into conformance within one (1)
year of the adoption hereof. For the purpose of
enforcement, the land owner shall be held legally respon-
sible for compliance with this law.
S. EXTERIOR LIGHTING STANDARDS
1. Purpose.
The purpose of this section is to regulate the spillover
of light and glare from exterior lighting on operators
of motor vehicles, pedestrians, and land uses in the
proximity of the light source. With respect to motor
vehicles in particular, safety considerations form the
basis of the regulations contained herein. In other
cases, both the nuisance and hazard aspects of glare are
regulated. This section is not intended to apply to pub-
lic street lighting.
2. Definitions.
a. Candlepower: the amount of light that will illumi-
nate a surface one (1) foot distant from a light
source to an intensity of one (1) footcandle. Max-
imum (peak) candlepower is the largest amount of
candlepower emitted by any lamp, light source, or
luminaire.
b. Cutoff: the point at which all light rays emitted by
a lamp, light source, or lumina ire are completely
eliminated (cutoff) at a specific angle above the
ground.
c. Cutoff angle: the angle formed by a line drawn from
the direction of light rays at the light source and
a line perpendicular to the ground from the light
source, above which no light is emitted.
d. Cutoff-type luminaire: a luminaire with elements
such as shields, reflectors, or refractor panels
which direct and cut off the light at a cutoff angle
ninety (90) degrees or less.
-42-
\uminaire
total cutoff
\
,
,
"
"
....
-------
Figure 27.1 90 Degree Cutoff Luminaire
lumina ire
total cutoff
.... -
........-~
....
....
.... ....
i>{.~;; .... ....
C'~l!ci' ........
I~Po ....
Iv~,. ....,
,
"
------------------
---
'"
Figure 27.2 Luminaire With Less Than (<) 90 Degree Cutoff
-43-
e. Footcandle: a unit of illumination produced on a
surface, all points of which are one (l) foot from a
uniform point source of one (1) candle.
f. Glare: the brightness of a light source which
normally causes eye disconfort.
g. Luminaire: a complete lighting unit consisting of a
light source and all necessary mechanical, elec-
trical, and decorative parts.
h. Maximum permitted illumination: the maximum illum-
ination measured in footcandles at the property line
at ground level in accordance with the standards of
Subsection 3. below.
i. Standard-type luminaire: a lumina ire with no cut-
off, or cut-off in excess of ninety (90) degrees.
----
....
,-
./
,/
/
/
/
I
I
,
I
I
I
\
\
\
,
,
,
'"
,
,
,
,
\
\
\
peak candlepoweq
/
I
I
I
I
./
\
\
\
\
\
I
,
I
I
I
, I
.... ./
--
'--
Figure 27.3 STANDARD LUMINAIRE
3. STANDARDS -44-
a. Exterior lighting shall be allowed in accordance with the
following table, based upon the Land Use Classification and
relative to the Class of adjacent land use and location of
luminaire.
Land Use
Class
II
II
II
II
II
II
II
II
II
III
III
III
I
I
1.
Type of
Luminaire
Standard
90 degree
Cut-off
Standard
90 degree
Cut-off
90 degree
Cut-off
90 degree
Cut-off
90 degree
Cut-off
< 90 degree
Cut-off
< 90 degree
Cut-off
< 90 degree
Cut-off
< 90 degree
Cut-off
Standard
< 90 degree
Cut-off
< 90 degree
Cut-off
EXTERIOR LIGHTING STANDARDS
2.
Illumination
Permitted
(foot candles)
.20
Max. Height
Permitted
Luminaire
Setback
10
20
.30
15
15
.20
30
15
.50
20
20
.75
25
25
1.00
30
30
1.50
35
35
.50
20
20
1.00
25
25
2.00
30
30
3.00
.30
40
40
20
40
4.00
50
50
5.00
60
60
NOTES:
1.
Class I:
Class II:
Residential Uses
Agricultural, Office, SeLvice, Hospital, Insti-
tutional, Landscape Nursery, Indoor or Outdoor
Recreation, and similar uses.
-45-
Class III: General Commercial, industrial, and similar uses.
2. Setback applies only to situations where adjacent property is
used or zoned as Residential. Setback is measured from property
line.
b. Exemption for specified public outdoor recreational uses.
(1) Because of their unique requirements for nightime
visibility and their limited hours of operation,
Public ball diamonds, playing fields, and tennis courts
are exempted from the exterior lighting standards of
this Subsection. These outdoor recreational uses must
meet all other requirements of this section and of this
ordinance.
(2) The public outdoor recreational uses specified above
shall not exceed a maximum permitted post height of eighty
(80) feet.
(3) The public outdoor recreational uses specified above may
exceed a total cutoff angle of ninety (90) degrees, provided
that the lumina ire is shielded to prevent light and glare
spillover to adjacent residential property. The maximum
permitted illumination at the residential property line
shall not exceed two (2) footcandles.
4. Measurement.
a. Metering equipment. Lighting levels shall be measured in
footcandles with a direct-reading, portable light meter. The
meter shall have a color and cosine-corrected sensor with
multiple scales and shall read within an accuracy of plus or
minus five (5) percent. It shall have been tested, calibrated,
and certified by an independent commercial photometric
laboratory or the manufacturer within one (1) year of the date
of its installation.
b. Method of measurement. The meter sensor shall be mounted not
more than six (6) inches above ground level in a horizontal
position. Readings shall be taken by qualified personnel only
after the cell has been exposed long enough to provide a
constant reading. Measurements shall be made after dark with
the light sources in question on, then with the same sources
off. The difference between the two readings shall be compared
to the maximum permitted illumination and property line at
ground level. This procedure eliminates the effects of moon-
light and other ambient light.
5. Exterior lighting plan. At the time any exterior lighting is
proposed to be installed or substantially modified, an exterior
lighting plan shall be submitted to the zoning Administrator in
order to determine whether the requirements of this section have
been met.
SECTION 2. Safety Clause. The City Council hereby finds, determines, and
declares that this ordinance is promulgated under the general police power
of the City of Wheat Ridge, that it is 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 elsewhere 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 5. This ordinance shall take effect one (l) day after final
publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to ~ 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 November 27 ,1989, at
7:30 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat
Ridge, Colorado.
11/27/89 continued to February 12, 1990.
READ, ADOPTED, AND ORDERED PUBLISHED on second and final reading by a
vote of 7 to 1 this ----12..tb day of February 1990
SIGNED by the Mayor on this 13th day of February
1990
~~
Dan Wilde, Mayor
a Sang, Cit
Publication:
2nd Publication: February
Wheat Ridge Sentinel:
Effective Date: February
16, 1990
APPROVED AS TO FORM BY
OFFICE 3;-~Y ATTO~EY:
l//~ I
ztl / ,/
Joh. ~. 11 .('S / r
12, 1989
15, 1990
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