HomeMy WebLinkAboutOrdinance-2000-1202
INTRODUCED BY COUNCIL MEMBER DiTullio
Council Bill No. 23
Ordinance No. 1202
Series of 2000
TITLE: AN ORDINANCE AMENDING SECTION 26-6 (D)(3) OF
THE WHEAT RIDGE CODE OF LAWS CONCERNING
TEMPORARY USES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT
Section 1. SectIOn 26-6(D)(3) of the Wheat Ridge Code of Laws IS hereby amended as
follows.
(3) Temporary permIt for uses, buildlllgs and sIgns.
(a) TEMPORAR Y PERMITS FOR USES, BUILDINGS AND SIGNS MAYBE
PERMITTED SUBJECT TO THE FOLLOWING RESTRICTIONS
NO APPLICATION WILL BE ACCEPTED FORA TEMPORARY USE.
BUILDING OR SIGN WHICH HAS PREVIOUSLY BEEN DENIED BY
PLANNING COMMISSION OR CITY COUNCIL.
2. THE TEMPORARY USE, BUILDING OR SIGN SHALL BE
CONSISTENT WITH THE CHARACTER AND INTENT OF THE ZONE
DISTRICT IN WHICH THE USE, BUILDING OR SIGN IS PROPOSED
AND SHALL OTHERWISE MEET ALL DEVELOPMENT
REGULATIONS FOR THAT ZONE DISTRICT
3 THE APPROVAL OF ANY TEMPORARY USE, BUILDING OR SIGN
SHALL NOT BE TRANSFERABLE OR ASSIGNABLE TO ANY
OTHER LANDOWNER, TENANT, LEASEE, OR OCCUPANT
(b)tm One-month temporary permIt: The zomng admllllstrator IS empowered to deCIde
upon applIcatIOns for temporary bUIldings, uses or signs which would not
otherwise be permitted in a partIcular dIstrict, Without reqUIrement of a publIc
hearIng, under the following condItions.
The duratIon of the bUlldlllg. use or sIgn shall not exceed one ( I ) month.
')
No other temporary permIt has been Issued WIthin the prevIOus one (1)
year for the same or similar bUIlding, use or sign on the same premIses.
3 The zoning admimstrator shall determme that the "findmgs of fact," as set
forth in subsection (3)(d) below are substantially complied wIth.
4 The zoning administrator has notified adjacent property owners III a form
and manner as reqUIred for minor variances and waivers as set forth III
subsection (D)(2)(a), and has received no objections.
5 The owner or owner's agent approves in writing of the proposed
temporary bUIlding, use or sign.
If all of the conditions stated above are met, the zoning admllllstrator may issue a
one-month temporary permIt; however, if they are not met, he must deny the
permit. The applicant may appeal demal to the board of adjustment.
AN APPLICANT MAY REQUEST RENEWAL OF A TEMPORARY PERMIT
FOR 30 DAYS THE ZONING ADMINISTRATOR MAY APPROVE A
RENEW AL REQUEST ONL Y UPON FINDING THAT THE USE, BUILDING
OR SIGN HAS COMPLIED WITH THE FINDINGS OF FACT SET FORTH FOR
THE ORIGINAL APPROVAL UP TO TWO (2) RENEWAL REQUESTS MAY
BE REQUESTED BY THE APPLICANT AND APPROVED BY THE ZONING
ADMINISTRATOR.
(c)fbt One year temporary permit.
The board of adjustment IS empowered to hold a publIc hearIng to decide
upon requests for temporary ~ buildings or signs \'Illicll \'Iould not
othGl\'lisc, bc, pc,JJllittc,d in a partiwlar mllc, distlic,t. The board may
approve a temporary permIt for no longer than one (1) year per applIcatIOn.
2. ONL Y ONE SUCH PERMIT MAY BE APPROVED PER YEAR FOR A
P ARTICULAR SITE. NO RENEWALS OF ONE YEAR PERMITS OR
NEW PERMITS FOR SUBST ANTIALL Y THE SAME BUILDING OR
SIGN SHALL BE ALLOWED
3 IN THE EVENT A CITY PROJECT NECESSITATES THE
RELOCATION OF A USE, THE BOARD OF ADJUSTMENT MAY
APPROVE SUCH TEMPORARY USE FOR A SPECIFIED TIME
PERIOD UPON FINDING THAT A LEGITIMATE PUBLIC PURPOSE
IS SERVED BY GRANTING THE TEMPORARY USE, IN ADDITION
TO THE FINDINGS OF FACT REQUIRED BELOW FOR 30-DA Y
TEMPORARY USES
(d) When hearIng and decldlllg requests for temporary permits. the zomng
admimstrator and board shall base its decision in consideration of the following
findings of fact:
FINDINGS OF FACT The proposed temporary use, bUIldIng or sIgn.
Will not have a detrimental effect upon the general health, welfare. safety
and convenience of persons resIding or worklllg III the neIghborhood of the
proposed use; and
2 Will not adversely affect the adequate light and aIr, nor cause sIgnificant
aIr. water or noise pollutIOn, or cause drainage problems for the general
area. and
3 Will not result In undue traffic congestIon or traffic hazards. or unsafe
parking, loadlllg, servIce or ll1ternal traffic conflIcts to the detriment of
persons whether on or off the site, and
4 Will be appropriately designed, ll1cludlllg setbacks. heights. parklllg, bulk,
buffering. screening and landscaping, so as to be in harmony and
compatible wIth character of the surrounding areas and neIghborhood.
especially with adjacent properties, and
5 Will not overburden the capacities of the eXIsting streets, utIlIties, parks,
schools, and other public facilities and services.
SectIon 2. Safety Clause. The City CouncIl hereby finds, determllles, and declares that
thIs ordlllance 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 determllles that the ordlllance 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 Zomng 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
clrcumstanccs.
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 III 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 ordlllance shall take effect 15 days after final publIcatIon.
INTRODUCED, READ, AND ADOPTED on first readlllg by a vote of ~ to ~ on thIs
~hday of ]n 1 y ,2000, ordered publIshed in full in a newspaper of general
CIrculation In the CIty of Wheat RIdge and Public HearIng and conSIderatIOn on final passage set
for August 14 ,2000, at 7:00 o'clock p.m., III the CouncIl Chambers, 7500 West 29th
Avenue. Wheat RIdge, Colorado
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of
~ to ~. thIs 14th day of August ,2000
SIGNED by the Mayor on thIs --15J:.h day of
ATTEST
'~)I /" .
~~(..fL
Wanda Sang, CIty ClerK
/:
GERALD DAHL, CITY ATTORN
1 st PublIcation. July 28, 2000
2nd PublIcatIon. August 18, 2000
Wheat RIdge Transcript
Effective Date September 2, 2000
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