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
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