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INTRODUCED BY COUNCIL MEMBER ni 1',,11 in
Council Bill No. 20
Ordinance No. 1200
Series of 2000
TITLE:
AN ORDINANCE AMENDING SECTION 26-25 OF THE
WHEAT RIDGE CODE OF LAWS, CONCERNING
SIMILAR USES IN PLANNED DEVELOPMENT
DISTRICTS.
WHEREAS, the Wheat Ridge Code of Laws is currently does not contaIn provIsions or a
process for determllling allowable similar uses III planned development zone distrIcts; and
WHEREAS, the Wheat Ridge City Council desires to create a process for detemuning
which SImilar uses shall be allowed in any planned development zone distrIct WIthin the City
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE.
COLORADO, THAT
Section 1. SectIon 26-25 (IV) of the Code of Laws IS hereby amended WIth the additIOn
ofthe followlllg new Section 26-25 (IV) (C)
(C) SimIlar Uses
(1) DefimtIon. A simIlar use is a use which would be SImIlar in SIze, type
of operation, services proVIded or eqUIpment used, number of employees,
and hours of operatIon and which would.
(a) be compatible III character and impact with permItted uses III
the planned development.
(b) be consIstent with the Illtent of the planned development,
(c) not be obJectIonable to nearby property by reason of odor, dust,
fumes, gas, nOIse, radiatIon, heat, glare, vibratIOn, traffic
generation, parklllg needs, outdoor storage or use, and
(d) not be hazardous to the health and safety of surrounding areas
through danger of fire or explOSIOn.
(2) SImilar Use DeterminatIOn Process. Any use whIch IS not specIfically
listed as a permitted use III a planned development distrIct is allowed only
under the following procedure
(a) The zomng admlmstrator shall notifY adjacent property owners
by letter notIce and posting of the site for ten (10) days that a
sImilar use IS requested for the property. The notice and posting
shall contalll a descrIption of the proposed sImilar use and a copy
of thIs ordInance.
(b) If no wntten obJectIOn to the proposed similar use is received
and the zoning admlllistrator finds that the proposed similar use
meets the defimtlOn of sImilar use contallled III Section (C)( 1)
above, the zoning admimstrator is authorized to approve the
similar use.
(c) If a written plotcst objection is received or Ifthe zoning
admllllstrator finds that the definition of similar use does not apply.
the zomng administrator shall forward the determinatIOn request to
the Board of Adjustment at a publIc hearlllg. NotIce of saId
hearing shall be as provIded III SectIOn 26-6 (F)(l ).
(3) Recordation. If approved, the similar use shall be recorded on the
final development plan in the same manner as the original final
development plan was recorded.
Section 2. Safetv 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 ordlllance is
necessary for the preservation of health and safety and for the protectIOn of public convenience
and welfare. The CIty CouncIl further determllles that the ordinance bears a rational relatIon to
the proper legIslative object sought to be attained.
Section 3. 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 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 ~ days after final publIcatIon.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of ~ to ~
on this 26th day of June ,2000, ordered publIshed In full in a newspaper of general
cIrculation III the CIty of Wheat RIdge and Public HearIng and consideratIOn on final passage set
for July 10 ,2000, at 7'00 o'clock p.m., III the Council Chambers, 7500 West 29th
A venue, Wheat RIdge, Colorado
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a
vote of~ to~, thIS 10th day of July ,2000.
ATTEST :1'
1_Jj;'-"t.t_t'i....~~ .: ~
wanda Sang, City Clerk _ \,
I st PublIcatIOn. June 30, 2000
2nd Publication. July 14, 2000
Wheat Ridge Transcript
EffectIve Date. July 29, 2000
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