HomeMy WebLinkAboutOrdinance-2003-1285
INTRODUCED BY COUNCIL MEMBER DiTullio
Council BiII No. 11-2003
Ordinance No. 171<5
Series of 20(13
TITLE: AN ORDINANCE AMENDING SECTION 26-223 ARCHITECTURAL
DESIGN OVERLAY DISTRICT (ADO) OF THE WHEAT RIDGE CODE OF
LAWS
WHEREAS, the City of Wheat Ridge has adopted regulations pertammg to ArchItectural
Design Oyerlay Districts. and
WHEREAS. propertIes located wlthm the ArchItectural DeSIgn Overlay Dlstnct are
reqUIred to meet the standards WIth ne~ constructIOn, and
WHEREAS, there IS concern that stnct applicatIOn of the regulations may discourage
redeyelopment, Improvement or expansIOn of existmg businesses m the cIty: and
WHEREAS, the Board of Adjustment IS currently the body specIfied for approvmg
wmyers of the reqUIrements, and
WHEREAS, the Commul1lty Deyelopment Director, Plannmg CommIssIOn and CIty
Council are more appropnate revlewmg bodIes,
BE IT ORDAINED BY THE CITY COllNC'lL OF THE CITY OF WHEAT
RIDGE, COLORADO THAT:
Section 1. Paragraph 2, Section E, ExemptIOns of SectIon 26-223 of the Wheat Ridge
Code of Laws IS hereby amended as follows
2 Where review of the requirements of the architectural or streetscape
standards is part of an administrative review process, the Community Development
Director the Board of }\djustment may grant walyers to or variances from the requirements of
this section.
Where a waiver to the architectural or strcetscape standards is made a part of
another process such as approval of a zone change or final development plan review which
requires a public hearing before the Planning Commission and/or City Council, then the
Planning Commission and/or City Council shall be empowered to decide upon such waiver
or variance concurrent with the other process.
Section 2. Safety Clause, The City of Wheat RIdge hereby tinds. determmes, and
declares that thIS ordlllance is promulgated under the general poliee power of the City of Wheat
Ridge. that It IS promulgated for the health. safety, and vvelfare of the public and that thIS
ordmanee IS necessary for the preseryation of health and safety and for the protectIOn of public
eonyemence and welfare The CIty Council further dctermmes that the ordinance bears a ratIOns
relation to the proper leglslatlye object sought to be attall1ed.
Section 3. Severability. If any clause, sentence, paragraph, or part of this Zoning
eode or the application thereof to any person or circumstances shall for any reason be adjusted by
a court of competent JUrIsdiction lI1yalid, such judgment shall not atTect application to other
persons or Clreumstances.
Section 4. Supersession Clause. If any proYISlOn, requirements or standard
established by this Ordmance IS found to connlct with slInIlar provisIOns, requirements or
standards found elsewhere 111 the Code of Laws of the City of Wheat Ridge. whIch are 111
eXistence as of the date of adoptll1n of thiS Ordmancc. the provisions, reqUIrements and standards
here shall supersede and prevaIl.
Section 5. TI1lS ordll1ance shall take effect 15 days after final publication.
INTRODUCED, READ, AND ADOPTED on 1irst readll1g by a vote of 8 to
o mn thIS 10th day of March ,2003, ordered published m full m a newspaper
of general CIrculatIon m the City of Wheat Ridge and Public Hearing and consideratIOn on tinal
passage set for April 28 ,2003, at 7'00 o'clock p,m" m the CouncIl
Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado
READ, ADOPTED AND ORDERED PUBLISHED on second and tinal readll1g by a
vote of ~ to 0 ,thIS 28th day of April ,2003
ATTEST f
I
_A~.:~,,<-?1-'<.'
Wanda Sang. City Clerk'
April
,2003
SIGNED by the Mayor on tl1lS 29th
APPROVED AS TO FORM BY CITY ATTORNEY
GE~~~~
'i'1
1 publIcatIon March 13, 2003
2nd publIcation May 1, 2003
Wheat RIdge Transcript
EffeetIye Date' May 16, 2003