HomeMy WebLinkAboutOrdinance-1991-0859
INTRODUCED BY COUNCILMEMBER
DAVIS
Ordinance No. 859
Series of 1991
TITLE:
AN ORDINANCE REPEALING AND REENACTING THE PROVISIONS OF
SECTION 26-7(G) (1) OF THE CODE OF LAWS OF THE CITY OF
WHEAT RIDGE PROVIDING EXCEPTIONS TO NONCONFORMING LOTS,
USES, AND STRUCTURES WHEN SUCH NONCONFORMITY IS CREATED
THROUGH SPECIFIED GOVERNMENTAL ACTION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
Section 1. Section 26-7(G) (1) of the Code of Laws of the City
of Wheat Ridge is hereby repealed and reenacted as follows:
1. Government Actions. Whenever the City of Wheat Ridge or
the state of Colorado shall, through a taking or a required
dedication of land for street widening or extension purposes, cause
any lot, structure or use maintained upon said lot to become
nonconforming in the areas of setback, area of lot, or parking and
landscape requirements, the existing lot, structure, or use, which
would otherwise become nonconforming, shall be considered
conforming, subject to the following provisions:
(a) The nonconformity that was created by street right-of-
way widening or extension was not anticipated by adopted plans
which were in effect as of the date of commencement of the original
construction or use; and
(b) Any nonconformity other than those created by the above-
described governmental action, and which existed prior to the date
of the governmental action, shall be considered a nonconformity
which is subject to the remaining provisions of this Section 26-7.
Section 2. 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 3. Safetv 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 property legislative object sought to be
attained.
section 4. This ordinance shall become effective 15
day(s) after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
8 to 0 on this 25th day of February , 1991,
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 March 25 , 1991, at
7:30 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue,
Wheat Ridge, Colorado.
READ, ADOPTED,
reading by a vote of
March
AND ORDERED PUBLISHED
7 to 1 this
, 1991.
on second and
25th day of
final
SIGNED by the Mayor on this 26th
1991.
day of
March
~~
Dan Wilde, Mayor
ATTEST:
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Wanda Sang, CitY'Cler~
1st Publication: March 6, 1991
2nd Publication: April 3, 1991
ApplewoodjWheat Ridge Transcript:
Effective Date: April 18, 1991
APPROVED AS TO FORM BY
OFFICE OF:C~~_ATTORNZ
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Joh~E. Hayes, City~torney
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