HomeMy WebLinkAboutOrdinance-1990-0822
INTRODUCED BY COUNCILMEMBER
Davis
ORDINANCE NO. 822
Series of 1990
TITLE:
AN ORDINANCE AMENDING SECTIONS 1, 2 AND 3 AND
REPEALING SECTIONS 23.1, 27.3, 30., AND 30.l, 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 City of Wheat
Ridge, Sections 1, 2 and 3 are hereby amended as follows:
SEC.1. ESTABLISHMENT OF DISTRICTS AND PROVISIONS FOR OFFICIAL
ZONING MAP.
The city is hereby divided into zones or districts as
shown on the official zoning map which together with
all explanatory matter thereon is hereby adopted by
reference and declared to be a part of this ordinance.
A. Procedure for change. If, in accordance with the
provisions of this ordinance per Section 26.C. hereof,
and-ehapter 39, Article 60 of the Colorado Re~ised
&~ changes are made in district boundaries or
other matter portrayed on the official zoning map, such
changes shall be entered on the official zoning map
promptly after the amendment has been approved by city
council. No amendment to this ordinance, which
involves matter portrayed on the official zoning map,
shall become effective until after such change entry
shall be made on said map.
B. Prohibition of unauthorized change. No changes of
any nature shall be made in the official zoning map or
any matter shown thereon except in conformity with the
procedures set forth in this ordinance. Any
unauthorized change of whatever kind by any person or
persons shall be considered a violation of this
ordinance and shall be punishable as provided under
section of this ordinance Chapter 26. Article V.
of the Wheat Ridge Code of Laws.
C. Location of official map. Regardless of the
existence of purported copies of the official map which
may from time to time be made or published, the
official zoning map shall be located in the office of
the city clerk, the City of Wheat Ridge, Colorado, and
shall be the final authority as to current zoning
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status of all land and water areas in the City of Wheat
Ridge.
D. Procedure for Replacing Official Zoning Map. In
the event that the official map becomes damaged,
destroyed, lost or difficult to interpret because of
the nature of number of changes and additions, the City
Council may by resolution ordinance, adopt a new
Official Zoning Map which shall supersede the prior
Official Zoning Map. The new Official Zoning Map may
correct drafting or other errors or omissions in the
prior Official Map, but no such correction shall have
the effect of amending the original Official Zoning Map
or any subsequent amendment thereof.
E. Retention of Prior Official Zoning Maps. Unless
the prior Official Zoning Map has been lost or has been
totally destroyed, the prior mayor any sufficient
parts thereof remaining shall be preserved together
with all available records pertaining to its adoption
or amendment by the City Clerk.
F. Procedures for Correcting Errors Contained on the
Official Zoning Map or Within Rezoning Ordinances or
Resolutions.
1. Administrative Correction
a) Within one (1) year of the effective date of
any rezoning ordinance on any particular parcel, the
Department of Community Development may
admini3tratively correct errors on the Official Zoning
Hop, with the consent of the City Clerk and the City
Clerk may correct error3 in the zoning Ordinance
dealing specifically with the parcel under
con8ideration in 3aid rezoning ordinance. Ifr The case
of a map correction, a note shall be added uflder -~
"Re.v"i3ions" box of said map indicating that aR
"administrati~e correction" has been made, citing the
10cation3 and nature of correction. In the case of a
rezoning ordinance correction, the original ordinance
shall be corrected and re published along with an
explanation of the correction. All property owners
affected and those adjacent to it shall be notified by
registered letter. A ca3e file 3hall be created with a
case number assigned for each correction, with
information contained in the file which gi~e3 the
location and nature of the correction.
Where a verifiable error is discovered in the zone
classification of any particular parcel as displayed on
the official zoning map, or as represented in a
rezoning ordinance or resolution adopted by Wheat Ridge
City Council after May 2, 1972 (the effective date of
Wheat Ridge Ordinance 98), the Director of Planning and
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Development shall notify the current property owner by
registered mail of the error and shall inform said
owner of the intent to correct such error based upon
the record of the last rezoning action. The Director
shall also notify City Council of such proposed
correction by memorandum including documentation which
supports the corrective action. If, within thirty (30)
days of said notice, the owner fails to submit a
written protest to such correction, and if City Council
does not pass a motion to initiate a rezoning action,
the Director is specifically authorized to cause such
error(s) to be corrected and shall publish a legal
notice of such correction. However, if the owner does
file a written protest, or if City Council so directs,
a rezoning action shall be initiated. Such rezoning
action shall be subject to the provisions of Section
26.C., except that no fee shall be assessed.
b) At any time, minor corrections to the official
zoning Map, which do not affect the zoning of any
parcel, may be made with the approval of the Planning
and Community Development Director and with a note
added under the "Revisions" box on said map indicating
that an "administrative correction" has been made, a
case file shall be created with a case number assigned
for each correction, with information contained in the
file which gives the location and nature of the
correction.
Minor Corrections under this provision F.1.b) are
limited to the following:
1) Subdivisions - Corrections to name of subdivisions,
locations of lot lines and boundary lines, location and
names of streets and alleys and railroads.
2) Base Map - Corrections to water course locations or
names, location or names of lakes, names or locations
of street or railroads.
3) Zoning Information - Corrections to names of
planned developments, case numbers, and closure of zone
districts in accordance with the most recent record of
zoning action where there is no zoning line separation
between two different zone districts.
2. City Initiated zoning Discrepancy.
Where an error in the zoning classification of any
particular parcel, as di8played on the Official Zoning
Hup or as represented in a rezoning ordiftance or
resolution, is discovered by any official of the City
of Wheat Ridge any time ufter one (l) year following
the effective date of the last rezoning ordinanco or
resolution affecting any particular parcel, the Hayor
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2. Property Owner Initiated Rezoning Based on
Rezonings of Record which Occurred Prior to Ordinance
No. 98 May 2, 1972.
Nothing in this subsection F. shall be construed to
preclude any property owner from seeking a change of
zone based upon a resolution from the Board of County
Commissioners of Jefferson County, or resolution or
ordinance of the City of Wheat Ridge predating
Ordinance 98, adopted on May 2, 1972, which zon~ed,
or purported to zone, the property in question in a
manner different from that shown on the City's Official
Zoning Map.
3. Return of Fees for Zoning Discrepancy Cases.
The normal zoning application fee of Cl~O currently in
effect shall be required for property owner initiated
zoning discrepancy cases as described in ~ above,
however should City Council approve the applicant's
request, the application fee shall be refunded.
SECTION 2. RULES FOR INTERPRETATION OF DISTRICT
BOUNDARIES.
Where uncertainty exists as to the boundaries of
districts as shown on the Official Map, the following
rules shall apply:
A. Boundaries indicated as approximately following the
centerline of streets, highways or alleys, shall be
construed to follow such centerlines.
B. Boundaries indicated as approximately following
platted lot lines shall be construed as following such
lot lines.
C. Boundaries indicated as approximately following
City limits shall be construed as following City
limits.
D. Boundaries indicated as approximately following
railroad lines shall be construed to be midway between
the main tracks.
E. Boundaries indicated as approximately following
shorelines shall be construed to follow such
shorelines. Boundaries indicated as approximately
following the centerlines of streams, rivers, canals,
lakes or other bodies of water shall be construed to
follow such centerlines. In the event of a natural
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change in the shoreline or centerline, the district
boundary shall be construed as moving with the actual
shoreline or centerline. In the event of a change
directly or indirectly the result of human actions the
district boundary shall not be construed as following
the new shoreline or centerline.
F. Boundaries indicated as parallel to or extensions
of features indicated in subsections A through E shall
be so construed. Distances not specifically indicated
on the Official Zoning Map shall be determined by the
legal description as contained in a rezoning ordinance
or resolution adopted by Wheat Ridge City Council, or
if the zoning pre-dates the adoption of Ordinance 98,
adopted on May 2, 1972, shall be determined by
measurement of the Official Zoning Map currently in
effect. the Jefferson County Zoning Resolution on Hay
6, 1946 and all amendments thereto. In no instance
sfiall districts be construed to be a greater or lesser
distance than those amendments to the zoning map as
~ecorded in the proceedings of the commissioners of the
County of Jefferson and the City Council of the City of
Wheat Ridgo unless redistricting has occurred on the
zoning map at which time this shall not apply and the
Board of Adjustment shall interpret the district
boundaries.
G. Where physical or cultural features existing on the
ground are at variance with those shown on the Official
Zoning Map, or in other circumstances not covered by
subsections A through F above, the Board of Adjustment
shall interpret the district boundaries in accordance
with procedures set forth in Section 26.D., hereof.
H. Where a district boundary line divides a lot which
was in single ownership at the time of passage of this
ordinance, the Board of Adjustment may permit as a
s~l exception the extension of the regulations for
~er portion of the lot, not to exceed fifty (50)
feet beyond the district lino into thc remaining
portion of the lot. on May 2, 1972, and single
ownership has remained uninterrupted, the entire lot
may be developed and used subject to the provisions of
the lower zone classification (e.g. R-2 is lower than
R-3A, RC-1 is lower than C-1). Notwithstanding the
above however, if the zone class wQich occupies a
greater proportion of the lot, based upon square
footage, is a higher zone classification, then the area
occupied by the higher zone class may be used to
support a use allowed by that zone class, but the lower
zone class shall not, except for landscaping or open
space buffer, be used to support the higher zone use.
In all other instances, normal rezoning procedures
apply. (See Section 26.C.)
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I. Boundaries indicated as approximately following
section lines or subdivision lines of section (i.e.
quarter-section lines), shall be construed to follow
such land lines.
SECTION 3. ZONING DISTRICTS.
In order to regulate the location, height, bulk and
size of buildings and other structures, the percentage
of lot which may be occupied, the size of lots, courts
and other open spaces, the density and distribution of
population, the location and uses of land, building and
structures for trade, industry, residence, recreation,
public activities or other purposes, the City of Wheat
Ridge is hereby divided into the following districts:
Residential-One (R-1)
Residential-One A (R-1A)
Residential-One B (R-lB)
Residential-One C (R-1C)
Residential-Two (R-2)
Residential-Two A (R-2A)
Residential-Three (R-3)
Residential-Three A (R-3A)
I'lanned Residential Dc~elopment (PRD)
Hobile Home Recreational Coach Park (tU' 1)
Agricultural-One (A-I)
Agricultural Two (A 2)
Restricted Commercial-One (RC-l)
Restricted Commercial (R-C)
Commercial-One (C-l)
Commercial-Two (C-2)
Planned Commercial Development (PCD) (PRD, pcn, P1D,
PHD, PRVP, PMHP)
Planned Industrial District (I'ID)
Hospital One (II l)
H03pital Two (II 2
rublic Buildings and Facilities District (PF l)
Light Industrial (I)
Section 2. Appendix A. Zoning Ordinance of the City of
Wheat Ridge is hereby amended as follows:
Existing Section 29. Changes and Amendments, shall be moved
to Section 26. Legislative and Administrative Process and
Procedures, and incorporated as a new subsection C.8.
Resubmission of Previously Denied Applications.
Section 3. The following sections of Appendix A. Zoning
Ordinance of the City of Wheat Ridge are hereby repealed:
Sections 23.1 Public Buildings and Facilities District, 27.3
Building and Zoning Moratorium, 30. Rezoning Applications,
and 30.1 Neighborhood Input Required.
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Section 4. Any property zoned Planned Buildings and
Facilities (PF-l) on the effective date of this Ordinance
shall be subject to the rights and requirements of the
Planned Buildings and Facilities (PF-1) district regulations
which were in effect at the time of adoption of this
ordinance, until such property is rezoned to another
classification.
Section 5. 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 6. 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,
impair or invalidate the remainder of this ordinance or its
application to other persons or circumstances.
Section 7. 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
istence as of the date of adoption of this Ordinance, the
plovisions, requirements and standards herein shall supersede and
prevail.
Section 8. This ordinance shall take effect 15
final publication.
days after
INTRODUCED, READ, AND
~ on this ~tlday of
in full in a newspaper
Wheat Ridge and Public
set for February 26
Council Chambers, 7500
ADOPTED on first ready by a vote of 8 to
February , 1990, ordered published
of general circulation in the City of
Hearing and consideration on final passage
, 1990, at 7:30 o'clock p.m., in the
West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading
by a vote of 8 to 0, this 26th day of February
1990.
SIGNED by the Mayor on this
27th day of February ,1990.
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DAN WILDE, MAYOR
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ATTEST:
I
I
I
I ...l. /, 'I
Wanda Sang, City Cl~tk
1st Publication: February
2nd Publication: March 1,
Wheat Ridge Sentinel
Effective Date: March 16, 1990
APPROVErY1\S
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BY CITY ATTORNEY