HomeMy WebLinkAboutOrdinance-1996-1057
INTRODUCED BY COUNCILMEMBER
Council Bill No 51
Ordinance No 1057
Serles of 1996
Fields
TITLE:
AN ORDINANCE AMENDING THE CODE OF LAWS OF THE CITY OF
WHEAT RIDGE ZONING CODE RELATING TO FENCES, WALLS AND
OBSTRUCTIONS TO VIEW.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO, THAT'
Section 1. Wheat Ridge Code of Laws, Article I, Chapter 26"
Zoning Code Sectlon 26-30(1) .Fences, Walls and Obstructlons to
View, is hereby amended as follows.
(I) Fences. Walls. and Obstructions to View: Divisional fences
and divlsional walls are permitted in any zone dlstrict wlth
the issuance of a fence permit approved by the planning and
development department in accordance with the following
prOVlSlons:
(1) Permitted fence, etc., heights. GENERALLY, nNo
divlsional fence, wall or hedge above the height of
forty-eight (48) inches shall be permitted withln a
minimum required front yard, or above the helght of SlX
f6i fee~ in instances not otherwise specifled
DECORATIVE, OPEN-TYPE FENCES WHICH ARE AT LEAST EIGHTY
(80) PERCENT OPEN, SUCH AS WROUGHT IRON FENCE, MAY BE
PERMITTED UP TO SIX (6) FEET IN HEIGHT ABOVE THE
ELEVATION OF THE STREET WITHIN MINIMUM FRONT YARDS.
WOVEN WIRE AND CHAINLINK FENCES ARE PROHIBITED ABOVE
FORTY-EIGHT (48) INCHES IN FRONT YARDS.
(2) Sight distance triangle requirement:
la' No divisional fence, wall, hedge or other
obstruction to view in excess of forty-two (42)
inches high, except for permitted landscaping,
signs, public utility poles, and approved
decorative, open-type fences not in excess of six
(6) feet in height, shall be established or
maintained on a corner lot within a triangular
area bounded by the lot lines and a line
Ordinance Noo 1057
Series of 1996
Page 2
connecting points on each lot line either
twenty-five (25) feet from the intersection of
such lot lines for local AND PRIVATE streets or
fifty-five (55) feet from the intersection of such
lot lines for collector or arterial streets. The
same shall apply to the intersection of driveways
and public streets, except that the sight distance
triangle may be reduced to fifteen (15) feet"
Street trees required by section 26-32 and signs
allowed by Wheat Rldge Code of Laws, Article IV of
this chapter, may be permitted within the
regulated sight distance triangle; provided, that
the area between thirty oix (JC) FORTY-TWO (42)
inches and ninety oix (9C) EIGHTY-FOUR (84) inches
high is maintained free and clear of obstruction;
and further provided, that a sign pole does not
exceed one (1) foot in diameter. One- and
two-family dwellings shall be exempt from
application of the fifteen-foot driveway sight
distance triangle requirement, HOWEVER, PRIVATE
DRIVES AND PRIVATE STREETS WHICH SERVE MORE THAN
TWO DWELLINGS SHALL MEET THE LOCAL STREET
REQUIREMENTS. (See Figure 26-31.10)
(b) ~mortizo.tion of nonconformitico. Within 0.
required oight diotanceo triangle any lego.l
nonconforming landocape plant materio.lo ohall
conform to theoe regulo.tiono ~ithin three (J)
yearo of the date of adoption of thio Ordinance"
~n) legal nonconforming fenceo, di"ioional ..allo
or oigno oho.ll conform to theoe regulationo ~ithin
fi~e (S) )caro. For morc opccific requircmento
rego.rding nonconforming oituationo, Dee oection
2C 7.
(9) HEIGHT MEASUREMENT:
(a) DIVISIONAL FENCES, WALLS, HEDGES, AND OTHER DIVISIONAL
STRUCTURES WHICH ARE PARALLEL OR ARE ADJACENT TO PUBLIC
STREETS SHALL BE MEASURED AS PROVIDED BY SECTION 26-31(C) (7)
SIGHT DISTANCE TRIANGLE REQUIREMENTS.
Ordinance No. lQ2l
Series of 1996
Page 3
(b) ALL OTHER PROVISIONAL FENCES, WALLS, HEDGES, AND OTHER
DIVISIONAL STRUCTURES OR OBSTRUCTIONS SHALL BE MEASURED FROM
FINISH GRADE, FIVE (5) FEET INSIDE OF THE PROPERTY TO WHICH
IT BELONGS.
Section 2. Severability. If any clause, sentence, paragraph, or
part of this Zoning Code or the application thereof to any person
or circumstances shall for any reason be adjusted by a court of
competent jurisdiction invalid, such judgment shall not affect
application to other persons or circumstances.
Section 3. Safety 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 4. Supersession Clause. If any provision, requirement
or standard established by this Ordinance is found to conflict
with similar provisions, requirements or standards found
elsewhere in the Code of Laws of the City of Wheat Ridge, which
are in existence as of the date of adoption of this Ordinance,
the provisions, requirements and standards herein shall supersede
and prevail.
Section 5. This ordinance shall take effect 15
final publication.
days after
INTRODUCED, READ, AND ADOPTED on first reading by a vote of -2-
to ---.lL on this ~h day of November , 1996, ordered published
in full in a newspaper of general circulation in the City of
Wheat Ridge and Public Hearing and consideratlon on final passage
set for November 25 , 1996, at 7:00 o'clock p.m., in the
Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND
by a vote of 8
1996 .
ORDERED PUBLISHED on second and final reading
to 0 this 25th day of November
Ordinance No. 1057
Series of 1996
Page 4
SIGNED by the Mayor on this ~ day of November
, 1996.
7
)LdL,(J~
Wanda Sang, City C~rk
~~
DAN WILDE, MAYOR
lst Publication: November 15, 1996
2nd Publication: December 6, 1996
Wheat Ridge Transcript
Effective Date: December 21,1996
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