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HomeMy WebLinkAboutOrdinance-1996-1054 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Worth Council Bill No. Ordinance No. 1054 Series of 1996 TITLE AN ORDINANCE ADOPTING A TEMPORARY MORATORIUM ON THE ACCEPTANCE, PROCESSING AND ISSUANCE OF DEMOLITION PERMITS FOR HISTORICAL STRUCTURES WITHIN 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 eXlstlnq 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 m3tters 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 City; and WHEREAS, Sect ion 5 13 of the Home Rule Charter for the r~i ty provides that emergency orriinances may be enacted for the immedlate preservation of the public property, health, peace, or safety; and WHEREAS, the City Councll has initiated conslderation ut a policy relating to the preservation of historical structures withln the City; and WHEREAS, the City Council is concerned that owners of certain properties within the City may accelerate development plans and request demolition permits, and WHEREAS, the City Council finds that a delay in the acceptanc~ and processing of such demolition permit applications for a period of time to and including January 30, 1997, is necessary and in the best interest of the City in order for the City to complete its consideration of a policy on this subJect; and WHEREAS, uncontrolled issuance of demolition permlts for historical structures prior to the consideration by the Council of a policy on this subject would defeat the efforts of the City to promote comprehensive planning and to protect existing neighborhood intpgrity; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS ?F~": ":1127 lJ ~::7 1 Section 1. Moratorium on demolition permits declared The City Council hereby declares and imposes a moratorium upon the acceptance and processing of applications for, and the issuance of, demolition permits for historic structures constructed prior to 1875. The moratorium shall expire on January 30, 1997. The temporary suspension of acceptance and processing of applications and issuance of bUllding permits as specified in this Ordinance shall terminate as of January 30, 1997, 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, amendment, or modification of this Ordinance prior to January 30, 1997 Section 2 Vested Rlqhts. 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 eftectiveness of this Ordinance, in that the effective implementation of the pending policy relating to historical structures would be frus trated and prevented without the protection which this Ordlnance 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, impalr 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 8 to ~ on this 28th day of October 1996, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge. SIGNED by the Mayor on this 29th day of October 1996 . S.rL~~L V~ cL,-" DAN WILDE, MAYOR J:-'cK l_) l..c~ -7'":.' 2- ATTEST: 9f;'/tA~l dt~<~, WANDA SANG, CITY CLE~ Publ i shed on November 1 Wheat Ridge Transcript PI.'F ,- 1,,'2 ~:;; 7;1li2J GERALD E DAHL, CITY ATTORNEY , 1996 -3