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;
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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.
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DAN WILDE, MAYOR
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-2 -
WANDA
ATTEST:
Published on September 27
Wheat Ridge Transcript
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APPROVE~ AS TO
ATTORNEY
Y
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GERALD E. DAHL,
, 1996
-3-
FORM BY CITY
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CITY ATTORN~