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HomeMy WebLinkAboutOrdinance-1996-1033 INTRODUCED BY COUNCIL MEMBER DiTullio Council Bill No. 20 ORDINANCE NO. 1033 Series of 1996 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS, ZONING ORDINANCE, SECTION 26-7. NONCONFORMING USES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Wheat Ridge Code of Laws, Section 26-7(E) lS hereby amended as follows: (E) Nonconforming Uses of Structures, or of Premises, or of Structures and Premises in Combination: lawful uses of individual structures with a replacement cost of five thousand dollars ($5,000.00) or more, or such structures and land in combination which exists at the time of adoption or amendment of this Zoning Code, but which would not be allowed in the district in which located under the terms of this Zoning Code, may be continued, so long as they remain otherwise lawful, until July 1, 2000, on or bcforc ~hich date thcy ohall be terminated, or for Cl pcriod not to cxcccd fiftccn (15) ycaro from thc datc of thc adoption of adoption of an thio Zoning Codc or amendment to thio ordinancc thcrcto crcating oaid nonconforming uoc, provided: (1) No existing structure devoted to a use not permitted by this Ordinance in the district in which located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located. (2) Any nonconforming use may be extended throughout any part of the building which was designed or arranged for such use at the time of adoption or amendment of the Zoning Code, but no such use shall be extended to occupy any land outside such building. In addition, no such use shall be extended to any portion of the property outside of any building which was not used for said nonconforming use at the time of the adoption or amendment of this Ordinance creating said nonconforming use. Ordinance No. 1033 Series of 1996 Page 2 (3) That no structural alterations are made, any nonconforming use of a structure, or of premises, or of a structure and premises in combination, may be changed to another nonconforming use as special exception by the board of adjustment; provided, that said board finds that the proposed use is equally or more appropriate than the existing use. In permitting this change, the board may require whatever conditions and safeguards it deems necessary. (4) Any structure, or land, or structure and land in combination, in or on which a nonconforming use is replaced by a permitted use shall not again be devoted to a use not permitted in the district in which it is located. (5) Whenever any nonconforming use of a structure, or land, or a structure and land in combination, is discontinued for sixty (60) consecutive days or six (6) months during any three (3) year period, except when government action impedes access to the property, or at the termination of the fifteen (15) year amortization period, the structure, or structure and premises in combination shall not thereafter be devoted to a use not permitted in the district in which it is located. NONCONFORMING RESIDENTIAL STRUCTURES AND USES ARE EXEMPT FROM THE PROVISIONS OF THIS SUBSECTION (5). (6) Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall not eliminate the nonconforming status of the land, except where the nonconforming use of the land is additionally terminated. "Destruction," for the purpose of this section, shall be defined as damage to the extent of more than fifty (50) percent of the replacement cost at the time of destruction. (7) LAND USE CONFORMANCE APPLICATIONS - FEE WAIVED: REZONING, SPECIAL USE PERMIT OR CONDITIONAL USE PERMIT APPLICATIONS FOR PROPERTIES WHICH ARE NONCONFORMING USES AT THE TIME OF APPLICATION, AND WHERE SUCH APPLICATIONS ARE INTENDED TO BRING THE NONCONFORMING USE INTO USE CONFORMANCE, SHALL NOT BE CHARGED APPLICATION FEES OR BE REQUIRED TO REIMBURSE THE CITY FOR DIRECT EXPENSES RELATED TO THE APPLICATION REVIEW PROCESS. Ordinance No. 1033 Series of 1996 Page 3 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 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. Severabilitv. 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. This ordinance shall take effect final publication. 15 days after INTRODUCED, READ, AND ADOPTED on first reading by a vote of ~ to ~ on this 13th day of May , 1996, 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 24 , 1996, 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 6 to 1, this 24th day of June 1996 . SIGNED by the Mayor on this 25th day of June , 1996. i ~~ Dan Wilde, MAYOR :/ /<., 7/...(;A..... ,.:cs,,- .... i-' .-:....... wanda Sang, CITY CLERK 1st Publication: May 17,1996 Ordinance No. 1033 Series of 1996 Page 4 2nd Publication: June 28, 1996 Wheat Ridge Transcript Effective Date: July 13, 1996 c:\wp60\ord\nonconus.ord