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Home My WebLink AboutOrdinance-2002-1271 INTRODUCED BY COUNCIL MEMBER FIGLUS Council Bill No. 36-2002 Ordinance No. _lllJ Series of 2002 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS PERTAINING TO PARKING AND STORAGE OF VEHICLES IN RESIDENTIAL AREAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. SectIon 26-123 of the Wheat RIdge Code of Laws is hereby amended as follows Recreational vehicle A vehicle, such as a rccreatlOnal traIler, tent camper trader, pickup truck shell. truck camper, travel trader, motor home or other vehIcle With or WIthout motive power. designed and/or constructed to travel or to attach to a motorized vehicle for the purpose of travel on the publIc thoroughfare and orIgmally intended and designed for human habitation. The term shall also mclude vehicles used m recreational pursuits such as snowmobiles. all terrain vehIcles, pcrsonal water craft. boats, and other similar motorized or non motorized devices. Recreational vehicle, personal. A vehicle, with or without motive power, used in recreational pursuits designed for use by one or two persons, including such vehicles as snowmobiles, all-terrain vehicles, personal water craft, boats, off-road motorcycles, and other similar motorized or non-motorized devices. Trailer Any wheeled vehIcle, Without motIve power. which IS deSIgned to be used in conJunction with a motor vehicle other than a truck-tractor so that some part of its own weight and that of Its cargo load rests upon or IS carrIed by the motor vehicle The term includes but is not limited to cargo trailers, flatbed trailers, utility trailers, and horse trailers. Section 2. SectIon 26-621 of the Wheat RIdge Code of Laws IS hereby repealed and reenacted to read m ItS entIrety as follows Sec 26-621 Residential parking. A. In residentIal zone dIStrIctS, the parkmg of trucks, vans, buses or hcensed traders whIch are used for commercial purposes, whether the commercIal enterprise IS conducted from the homc or conducted elsewhere. IS prohibited except as permitted by this sectIOn. An occupant of a dwellmg may park. or allow the parkIng of no more than one (I) truck or van whIch IS used for commercial purposes upon the premises or confined to the street frontage of the lot m questIOn. proVIded. however. GED\.; ~()27\4255l)() () I -1- that such vehIcle does not exceed a one-ton chassIs. Parkmg oftrarlers whIch are used for commercIal purposes IS prohIbIted on any publIc nght-of-way B In residential zone districts, a maximum of two (2) of any the following vehicles may be parked outside only upon property owned or occupied by the vehicle owner: * Recreational Vehicle * Trailer, with or without storage thereon of any number of personal recreational vehicles In the case of multifamily residential properties, no such vehicle may occupy an} parking space required to meet the minimum vehicular parking standard of this Code for multifamily residential land uses. Such vehicles or trailers must be parked six (6) feet or more inside the front property line. Where it is difficult to determine the public right-of-way boundary due to lack of curb, gutter and/or sidewalk, or survey markers, such boundaries shall be presumed to be ten (10) feet from the edge of pavement or back of curb. Where a sidewalk exists, such boundaries shall be presumed to be two (2) feet from the outside edge of sidewalk. For the purposes of this subsection, permanent or temporary carports, frame covered structures, tents, cloth, plastic or fabric covers, or other temporary structures shall not be used to store or conceal recreational vehicles or trailers in addition to or in excess of the maximum number permitted hereby. C In residential zonc districts, parking of detached trailers and recreation vehicles is prohibited in public rights-of-way; provided, however, one (1) recreational vehicle or one (1) trailer may be parked within public rights-of-way for a period up to seventy-two (72) hours, provided it is 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. D In reSidentIal zone dlstncts, where it is desired to maintain such a restricted vehicle eIther wlthm SIX (6) feet of a pubhc street on pnvate property or wlthm a lawful parking area on a public street abuttIng the front of the property In excess of seventy-two (72) hours, the property owner may obtain a temporary parkmg permit from the planning and development department. Such temporary parkl11g permIt shall be for a lime penod not to exceed fourteen ( 14) days and no more than one (I ) such permit shall be Issued each SIX (6) months for the same vehicle. Thc Issuance of a temporary permit IS for the purpose of parkl11g only and not for any other actIvIt) The permit must be placed upon the Inside wl11dshleld or Side wmdow on the dnver's Side so as to be VISIble for InspectIOn. E PIckup truck-mounted campers and pickup truck shells, when mounted upon pickup trucks, are not subject to these parkmg rcstnctIons except that such camper shall not be used for permanent or temporary IIvl11g quaners. Nothl11g 111 thIS sectIOn WIll be construed to restnct or lImit parkmg of any vehicle so described upon private (iFD\53027\425.;;t)O 0] -2- property so long as saId vehIcle IS parkcd m accordance wIth the IUl11tatlons of this section and proVided that sight dIstance trIangle reqUIrements of section 26-603 are met. F Areas which are used to store or park allowed recreational vehicles or trailers shall be of an improved surface consisting of concrete, asphalt, brick pavers, gravel at least six (6) inches in depth, or similar materials. If gravel is used, the parking or storage area must be built with the use of concrete curbs, railroad ties, landscape timbers, or similar materials such that the material used for surfacing stays contained within the storage or parking area. Section 3. Section 15- 25 of the Wheat Ridgc Code of Laws IS amended by the addlllOn of a new subsectIOn (k) to read. (k) In residential zone districts, one (1) vehicle in non-operative condition as defined in Section 15-4 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 26-621.B. 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, permanent or temporary carports, frame covered structures, tents, or other temporary structures shall not be used to store or conceal non-operative vehicles in addition to or in excess of the maximum number permitted hereby. Any property owner may apply to the Board of Adjustment for a variance from the limitation of one (1) non-operative vehicle imposed by this subsection, for the purpose of outside storage of additional non-operative vehicles which are undergoing active restoration. Such application shall be made in the manner required by Section 2-61 and 26-115 and shall bc evaluated and decided upon by the Board of Adjustment in the manner required by Section 2-53(d) and 26-115. Additional vehicles permitted by action of the Board shall be located, screened or covered as directed by the Board by conditions of approval of any such variance. Section 4. Ordll1ance No 1265, SerIes 2002, IS hereby repealed. Section 5. Safety Clause. The CIty Council hereby finds, determInes, and declares that thiS ordl11ance is promulgated under the general pohce power of the City of Wheat Ridge, that It IS promulgated for the health, safety, and welfare of the pubhc and that thIS ordmance IS necessary for the preservation of health and safety and for the protection of pubhc convemence and welfare The City CouncIl further determmes that the ordl11ance bears a ratIOnal relatlOn to the proper legIslatIve obJect sought to be attal11ed. Section 5. Sevcrability. If any clause, sentcnce, paragraph, or part of thIS Zonl11g Code or the apphcatlon thereof to any person or ClrcumSlances shall for any reason be adJusted by a (iU)\53027\425 ':;;900 I -3- court of competent JunsdictlOn Invalid, such Judgment shall not affect applicatIOn to other persons or circumstances. Section 6. ThIS ordmance shall take effect 15 days after final pubhcatlOn, as provided by the Charter Section 7. SuppressIOn Clause. If any prOVISion, reqUIrement, or standard estabhshed by thIS Ordinance IS found to be 111 conflict with simIlar provISions, reqUIrements, or standards found elsewhere in the Code of Laws of the City of Wheat RIdge, including wIthout limitatIOn, Sec 1203 (3)(d) of the Model Traffic Code, 1995 edition, as amended by Code of Laws See 13- 2(b)( 6), which are in existence as of the date of adoption of thIS Ordinance, the provisIOns, reqUIrements, and standards hereIn shall supersede and prevail INTRODUCED, READ, AND ADOPTED on first readmg by a vote of ~ to ~ on this 18th day of November, 2002, ordered publIshcd m full in a newspaper of general CirculatIOn m the City of Wheat RIdge and Public Heanng and consideratIOn on final passage set for December 9, 2002, at 700 o'clock p.m., 111 the Council Chambers, 7500 West 29th Avenue, Wheat Rldgc, Colorado READ, ADOPTED AND ORDERED PlIBLISHED on second and final readmg by a \otc of~ to~, tillS ~ day of December ,2002 SIGNED by the Mayor on thIS 10th day of December ,2002 , , ~ . ~'. :-.... ,'( /! ' ~ ( .(.J ( . "dltETCHEN CERVENY,MA YOR ATTEST ( - J \ I '\ 'I ' , ~ v",, !Ai --,., -.d f~i.I/ . /<...--('.. ~'t.~ ,{-<' Wanda Sang, City C~ APPI3,OYEQ AS TO FORM BY CITY A TTORDJEY h/' , ',/', /, ( ,. J/ /-, /;J'" / ~ ) . t / '-. 1 ( , i / f.../)' ~ _' 'J ',,~ /J.//:Jdu{' '4. / Lt :/ /' GERALD DAHL. CITY ATTORNEY I st PublicatIOn November 28, 2002 2nd PublIcatIon December 12, 2002 Wheat Ridge Transcript EtTective Date December 27, 2002 (iLl)'':; ;02TA25"QO.O I -4-