HomeMy WebLinkAboutOrdinance-1994-0970
INTRODUCED BY COUNCIL MEMBER EDWARDS
Council Bill No. 48 Ordinance No. 970
Series of 1994
TITLE: AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CODE
OF LAWS OF THE CITY OF WHEAT RIDGE RELATING TO SPECIAL
USES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO, AS FOLLOWS:
Section 1. Wheat Ridge Code of Laws, Chapter 26-6.(B) Special
Uses is hereby repealed and reenacted as follows:
(5) Citv council review. City Council shall review and
decide upon all requests for special uses upon
recommendation of planning commission for approval or
upon appeal by an applicant of a recommendation for
denial by planning commission. Special uses may only be
approved by passage of an ordinance, following the
city's standard ordinance adoption procedures. Notice
of public hearing shall be in the manner provided in
subsection 26-6(F)(1). City council, in addition to
consideration of the planning commission record, shall
hear additional evidence and testimony presented, and
either pass, pass with modifications, or deny the
ordinance, its decision being based upon all evidence
presented, with due consideration of the criteria for
review.
IN THE EVENT OF A PROTEST AGAINST SUCH SPECIAL USE
PERMIT, SIGNED BY THE OWNERS OF TWENTY (20) PERCENT OR
MORE OF THE AREA:
(A) OF THOSE IMMEDIATELY ADJACENT TO THE REAR OR ANY
SIDE OF THE PROPERTY, EXTENDING ONE HUNDRED (100)
FEET FROM THE PROPERTY; OR,
(B) OF THOSE DIRECTLY OPPOSITE ACROSS THE STREET FROM
THE PROPERTY, EXTENDING ONE HUNDRED (100) FEET FROM
THE STREET FRONTAGE OF SUCH OPPOSITE PROPERTY.
SUCH SPECIAL USE PERMITS SHALL NOT BECOME EFFECTIVE
EXCEPT BY THE FAVORABLE VOTE OF THREE-FOURTHS OF THE
ENTIRE CITY COUNCIL. WHERE LAND WHICH IS ADJACENT OR
OPPOSITE, AS DEFINED ABOVE, IS OWNED BY THE CITY OF
WHEAT RIDGE, SUCH PROPERTY SHALL BE EXCLUDED IN
COMPUTING THE REQUIRED TWENTY (20) PERCENT, AND OWNERS
OF NONCITY LAND WITHIN THE ONE-HUNDRED-FOOT LIMIT, AS
DEFINED ABOVE, SHALL BE CONSIDERED ADJACENT OR OPPOSITE
DESPITE SUCH INTERVENING CITY LAND. THE WRITTEN PROTEST
TO SUCH SPECIAL USE SHALL BE SUBMITTED TO THE CITY
COUNCIL NO LATER THAN THE HEARING ON THE PROPOSED
SPECIAL USE PERMIT.
Ordinance No. 970
Series of 1994
Page 2
Section 2. 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 protectioD 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,
impair or invalidate the remainder of this ordinance or its
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 upon approval by
City Council.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6
to ~ on this 9th day of May , 1994, 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 June 13 , 1994, at 7:00 o'clock p.m., in
the Council Chambers, 7500 West 29th Avenue, Wheat Ridge,
Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading
by a vote of 8 to 0 , this 13th day of June
1994.
SIGNED by the Mayor on this 14th day of
June
, 1994.
~~
DAN WILDE, MAYOR
Ordinance No. 970
Series of 1994
ATTEST:
(
Wanda
1st Publication: May 17, 1994
2nd publication: June 21, 1994
Wheat Ridge Sentinel
Effective Date: June 13, 1994
<ldr>ordspecialuses
Page 3
APPROVED AS TO FORM BY CITY ATTORNEY
~~ ^
,
G ,~d./A/
KATHRYN CH EDEt CITY ATTORNEY