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HomeMy WebLinkAboutOrdinance-2002-1265 INTRODUCED BY COUNCIL MEMBER SCHNEIDER Council Bill No. 29-2002 Ordinance No. J2.6..5 Series of 2002 TITLE: AN ORDINANCE AMENDING SECTION 26-621 OF THE WHEA T RIDGE CODE OF LAWS PERTAINING TO PARKING IN RESIDENTIAL AREAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEA T RIDGE, COLORADO, THAT: Section 1. Secllon 26-123 of the Wheat Ridge Code of Laws is hereby amended as follows Recreational vehicle, :;u'fl,ublt: A vehicle, such as a recreational traIler, tenl camper traIler, lruck camper, travel trmler, motor home or olher vehicle wllh or withoul motIve power, designed ancl/or conslrucled to travel on the publIc thoroughfare and ongInally mlended and designed for human habItatIon. The term shall also include vehicles used in recreational pursuits such as snowmobiles, all-terrain vehicles, personal water craft, boats, and other similar motorized or non-motorized devices. Rt:ut:ul;,>flu: "t:}t;dt:, flUI"';Lt:fl.,,,bt't: 'v'c.!,ieIGs wllll::.ll <lIe 1,0t ,GqulI",d 10 bG I,GGilSGd by tll\:: COIOI<1do rvIutuI Vc.l,jelG D1V;~;UII, suc.l, <1~ ~1I0\'vIIlOb1lGs, <l1l-IGI , <111I vc.!,;eIGs <1I1J udlG] SIIJIII<l' vc.!,;",lc.s. Section 2. Section 26-621 of the Wheat Ridge Code of Laws IS hereby amended as follows Sec. 26-621 Residential parkIng. A. In reSidential zone districls, the parking of trucks, vans, buses or lIcensed traIlers whIch are used for commercial purposes, whether the commercial enterprise is conducled from Ihe home or conducted elsewhere, IS prohibited except as permitted by this sectIon An occupanl of a dwelling may park, or allow the parkIng of, no more than one (I) lruck or van which is used for commerCIal purposes upon the premIses or confined to the streel frontage of the lot in queslion, proVIded, however, that such vehIcle does not exceed a one- ton chassis. Parking of traIlers which are used for commercial purposes IS prohibIted on any public right-of-way B In residentIal zone dlstncts, one (1) recreational vehicle lllutuliZGd <lIlJ IIVII JIIotollLeJ G<l11lpjiIg vc.llld",~ (except campers mounted upon pickup trucks), 1I<111G, '1I0U"IGJ IJuah. and or one (1) other towed vehicles such as, but not lImited to, a utilIty traIlers may be parked withm public street rights-of-way for a period up to seventy-lwo (72) hours, provided they are attached to the towing vehIcle Moving the towing vehicle and/or the trailer to another location in the right-of-way does not extend or re-start the 72 hour period. C. Except as noted above, in residential zone districts, detached lrallers and recreation vehicles are prohibiled from parkl11g in public rights-of-way; however, one (I) detached trailer or one (1) recreational vehicle they may be park.ed or stored outside upon property owned by the vehIcle owner, proVIded such vehicles are parked SIX (6) feel or more inside the front propeny line Such vehicles will be simllarly permitted upon residentIal rental properties where the owner of the vehIcle reSIdes upon Ihe premIses, and in the case of multifamily residentIal properties, where such vehIcle or vehicles do not displace parkl11g spaces reqUIred to meel the minImum vehIcular parkmg standard for the propeny as set fonh herein for multifamily residenllalland uses Where It is dlfficull to determine the public nght-of-way boundary due 10 lack of curb, gutter ancUor SIdewalk., or survey markers, such boundaries shall be presumed to be len (10) feet from the edge of pavement or back of curb Where a SIdewalk eXists, such boundal1es shall be presumed to be two (2) feet from Ihe outside edge of sidewalk. For the purposes of this subsection C, permanent or temporary carports, frame covered structures, tents, or other temporary structures shall not be used to store or conceal such recreational vehicles. D. In residential zone districts, III U1S('~ where It IS deSired to mal11tain such a reslncted vehIcle either WIthin SIX (6) feet of a publIc street on privale property or wlthl11 a lawful parkl11g area on a publIc street abuttmg the front of the propeny m excess of seventY-lwo (72) hours, the property owner may Oblal11 a temporary parking permit from the plannIng and development depanment. Such temporary parking permit shall be for a time period nOl to exceed fourteen (14) days and no more than one ( 1) such permil shall be Issued each SIX (6) months for the same vehicle The issuance of a temporary permll is for Ihe purpose of parking only and not for any other actlvilY The permll must be placed upon Ihe inSIde windshield or SIde window on Ihe driver's side so as to be VISIble for l11SpeCllon €-:E. Pickup truck-mounted campers, when mounted upon pickup trucks, are nOl subject 10 these parking restrictions except that such camper shall not be used for permanent or temporary living quaners. Nothing in this sectIOn will be construed 10 reslriet or limIt parkl11g of any vehicle so described upon pl1vate property so long as said vehicle IS parked in accordance Wilh the IImilations of this section and proVIded that slghl distance tnangle requirements of sectIon 26-603 are met. F. In residential zone districts, one (1) vehicle in non-operative condition as defined in Section 15-4 of the Code of Laws may be stored outside upon property owned by the vehicle owner, provided such vehicles are parked six (6) feet or more inside the front property line under the same conditions as set forth in Section C above. Such vehicle shall be completely covered with a standard vehicle cover designed and manufactured for the purpose of covering a vehicle. Such cover shall be of a single earth tone or neutral color and shall be maintained in good condition free from holes, rips, tears, or other damage. Tarps, plastic sheets, or any other type of material not specifically designed and manufactured to cover a vehicle shall not be used to cover a non-operative vehicle. For the purposes of this subsection F, permanent or temporary carports, frame covered structures, tents, or other temporary structures shall not be used to store or conceal such non-operative vehicles. Section 3. Safety Clause. The City CouncIl hereby finds, determmes, and declares thaI IhlS ordinance IS promulgated under the general police power of Ihe City of Wheat Ridge, Ihal 11 IS promulgated for the health, safety, and welfare of Ihe public and Ihat IhlS ordmance is necessary for Ihc preservatIOn of health and safety and for Ihe protectIon of public conve111ence and welfare The City CouncIl further determines Ihal the ordinance bears a rallonal relalion to Ihe proper legIslative oblecl sought to be attamed. Section 4. SeverabIlity. If any clause, sentence, paragraph, or part of thiS Zonmg Code or the apphcatlOn thereof to any person or circumslances shall for any reason be adjusted by a court of competent jurisdiclion mvalid, such judgment shall not affect application to other persons or circumstances. Section 5. Supersession Clause. If any provision, requirement or standard establIshed hy thiS Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere 111 Ihe Code of Laws of the City of Wheat Ridge, which are m existence as of the date of adoption of thIS Ordinance, the proVIsions, requirements and standards herem shall supersede and prevail Section 6. This ordinance shall take effect upon adoption. INTRODUCED, READ, AND ADOPTED on first readmg by a vote of ~ 10 ~ on Ihis ~ day of August , 2002, ordered pubhshed 111 full in a newspaper of general Circulation 111 Ihe City of Wheat Ridge and Public Hearing and consideration on final passage set for September 23 2002, at 7'00 o'clock pm, in the CouncIl Chambers, 7500 Wesl 29th Avenue, Wheat RIdge, Colorado READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ~ to _~, this 2luL day of Septemher , 2002 Vetoed by the Mayor on this ~ day of Seotember ,2002 MAYOR'S VETO OVERRIDDEN BY A VOTE OF 6 TO 2; COUNCIL MEETING OCTOBER 14, 2002. ATTEST: GRETCHEN CERVENY, MAYOR Wanda Sang, City Clerk ~~~~# GERALD DAHL, CITY ATTORNEY 1st Publication. Augus t 29, 200? 2nd Publicalion Or: tober 17, 2002 Wheat Ridge Transcl1pt EffectIve Date October 14, 2002 C-\Documents and Settings\alan\My Documents\WPFiles\Projccts\zoning amendments\res parking ord.wpd FROM lY1A YOR GRETCHEN CERVENY- 3425 Moore St. Wheat RIdge, Colorado 80033-5533 vOIce. 303.233.1506 fax: 303.2~~668 Cell\' 303378.8887 I .}A, I ~:iJj}f Wh"t R'dg' City Counoil a ~JjJ' ~ September 26, 20 2 TO: DATE This IS your officlalnotlfication\t at I am vetomg Ordl11ance # 1265 (Council Bill #29-2002) whIch Council passed on Monday, September 23, 2002. In good conscience I can not allow this Ordl11ance to govern all the people of Wheat Ridge This ordinance, as reconsidered and passed, allows cItIzens to park or store only one recreatIOnal vehicle or detached trailer outside on their dnveway. I am vetomg this ordmance because it discriminates against the many owners ofrecreational vehicles who pull a boat or trailer WIth A TV's or snow machines behl11d their recreational vehicle. This ordl11ance would not allow them to park outsIde on their own property. It is my goal, as It IS with Council, to keep "Wheat RIdge a nice place to live and work" I am aware that many of the people who move to some of the new neighborhoods in Wheat Ridge prefer the very restrictive covenants their homeowner assoclatlOns enforce. I know there are some neighborhoods whIch have allowed their covenants to expire and wish to form a new homeowners association. However, I do not belIeve that the majonty of Wheat Ridge citizens want the laws of Wheat Ridge to be thIS restrIctive. I do believe the City should have some restrictions on recreational vehicles and trailers in residentIal areas. The City should have parkmg ordmances which protect publIc safety, particularly In the area of "sight tnangles" where tall recreatIonal vehicles can obstruct the VISIOn of drivers. As we heard in the testimony September 23, 2002, this ordl11ance does not address the public safety concern of tall recreational vehicles which do not have to follow the height restrictions the CIty has for fencing. I urge Council not to forget that the cItIzens are our customers and to bring forward ordinances which address publIc safety and welfare Without unduly infrInging on our CitIzens' personal nghts.