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HomeMy WebLinkAboutOrdinance-1996-1047 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Dalbec Council Bill No. '14- Ordinance No. 1047 Series of 1996 TITLE: AN ORDINANCE ADOPTING A TEMPORARY MORATORIUM ON THE ACCEPTANCE, PROCESSING AND ISSUANCE OF BUILDING PERMITS FOR THE CONSTRUCTION OF MORTUARIES AND CREMATORIES WITHIN A SPECIFIED AREA OF THE CITY, AND DECLARING AN EMERGENCY WHEREAS, the City of Wheat Ridge, Colorado, is a home rule municipality duly and regularly organized and now validly existing as a body corporate and politic under and by virtue of the Constitution and laws of the State of Colorado and that the City may adopt such ordinances relative to local and municipal matters as are necessary to effectuate the purposes and intent of power granted to municipalities and such other matters and can be dele- gated to municipalities by the State of Colorado; and WHEREAS, Section 1.3 of the Home Rule Charter for the City confers all home rule powers to the CitYi and WHEREAS, Section 5.13 of the Home Rule Charter for the City provides that emergency ordinances may be enacted for the immediate preservation of the public property, health, peace, or safety; and WHEREAS, the City Council has initiated consideration of an ordinance amending the Code of Laws to impose a special use permit requirement upon new development of mortuaries and crematories in the C-1, C-2 and I Zone Districts; and WHEREAS, the City Council is concerned that owners of certain properties within the City may accelerate development plans and request building permits for mortuaries and crematories in reaction to that proposed ordinance; and WHEREAS, the City Council finds that a delay in the acceptance and processing of such building permit applications for a period of time to and including November 15, 1996, is necessary and in the best interest of the City in order for the City to complete its consideration of an ordinance on this subject; and WHEREAS, uncontrolled issuance of building permits for mortuaries and crematories prior to the consideration by the Council of the ordinance on this subject would defeat the efforts of the City to promote comprehensive planning and to protect existing neighborhood integrity; GED\S3027\lG4304 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: Section 1. Moratorium on buildinq permits declared. The City Council hereby declares and imposes a moratorium upon the acceptance and processing of applications for, and the issuance of, building permits for the construction or development of mortuaries and crematories within the C-1, C-2 and I Zone Districts. The moratorium shall expire on November 15, 1996. The temporary sus- pension of acceptance and processing of applications and issuance of building permits as specified in this Ordinance shall terminate as of November 15, 1996, unless terminated earlier by the City Council. Nothing contained in this Ordinance is to be construed to limit or preclude the City Council from termination, repeal, amend- ment, or modification of this Ordinance prior to November 15, 1996. Section 2. Vested Riqhts. Nothing in this Ordinance shall be construed as affecting any lawfully vested rights to complete con- struction where construction was commenced or authorized pursuant to a building permit duly issued prior to the effective date of this Ordinance. Section 3. Emerqencv Declared. Pursuant to Section 5.13 of the Wheat Ridge Charter, the City Council hereby finds and declares that an emergency exists which requires the immediate effectiveness of this Ordinance, in that the effective implementation of the pending ordinance requiring a special use permit for mortuaries and crematories in the C-1, C-2 and I Zone Districts would be frustrated and prevented without the protection which this Ordinance will give for the deliberate consideration of that subject. Section 4. Severability. If any clause, sentence, paragraph, or part of this Ordinance or application thereof to any person or circumstances shall for any reason be judged by a court of compe- tent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. Section 5. effective upon Charter. Effective Date. This Ordinance adoption, as provided by Section shall 5.13 become of the INTRODUCED, READ, AND ADOPTED as an emergency ordinance by a vote of 7 to 0 on this 23rd day of September, 1996, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge. SIGNED by the Mayor on this 24th day of September , 1996. ~~ DAN WILDE, MAYOR GED\53027\164304 1 -2 - WANDA ATTEST: Published on September 27 Wheat Ridge Transcript GED\53027\164304 1 APPROVE~ AS TO ATTORNEY Y ~~, GERALD E. DAHL, , 1996 -3- FORM BY CITY ~ -, j . ~ ~};~ .(,1") I CITY ATTORN~