HomeMy WebLinkAboutOrdinance-2003-1298
INTRODUCED BY COUNCIL MEMBER DiTullio
Council Bill No. 26-2003
Ordinance No. 1298
Series of 2003
TITLE: AN ORDINANCE AMENDING SECTION 26-115
V ARIANCESIW AIVERSrrEMPORARY PERMITSIINTERPRET A TIONS
OF THE WHEAT RIDGE CODE OF LAWS TO ADDRESS TEMPORARY
NONOPERATIVE VEHICLE PERMITS
WHEREAS, the City Council is coneemed about the physleal appearanee of the
residential zone districts In the CIty of Wheat Ridge; and
WHEREAS, Ordinance 1271 was approved by City Couneil on Deeember 9, 2002,
limltmg the number of nonoperatiye vehicles stored outSIde on a residentially-zoned property to
one; and
WHEREAS, Ordinanee 1271 specifies that the Board of Adjustment may grant a
temporary nonoperatiye vehIcle permIt to allow the outside storage of more than one such
vehicle on a residentially-zoned property; and
WHEREAS, the City of Wheat Ridge has adopted regulations pertammg to procedures
for variances, waivers, temporary permits and mterpretations, and,
WHEREAS, the existing Code of Laws does not recognize this new category of
temporary permits,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO THAT:
Section 1. Seetion 26-115 V ariances/W aivers/T emporary Permitsl InterpretatlOns of
the Zonmg and Development Code IS hereby modified WIth addltlOn of the followmg language:
Section D Temporary permit for uses, buildings and, signs and nonoperative vehicles
5. Temporary Nonoperative Vehicle Permits,
a, The board of adjustment is empowered to hold public hearings to decide upon
requests for temporary permits for nonoperative vehicles,
b "Nonoperative" as applied to this ordmance shall be defined consistent
with the defimtlOn provided in Section 15-4 of the Nuisance Code,
c, The board may approve a temporary permit for no longer than one year per
applieatlOn, provided that RO other Rew temporary Ronoperative vehicle
permits have beeR Issued within the past year, Each and every vehicle
proposed for restoration shall be considered a separate application. A
single extensIOn for up to one year for each vehicle may be granted by the
Board of Adjustment through a public hearmg process, Extension requests
for each vehicle will require a separate application for each vehicle. No
renewals beyond the one-year extension or Rew permits for the same property
will be allowed,
d, In addition to the application reqUirements listed in Section 26-115,8., the
applicant shall provide the following additional information,
I, VIN number for eaffi the yehicle being restored,
2, Anticipated time for restoration,
3 Site plan showing location of vehicle storage, type of parkmg
surface, method of screening,
e. When hearing and deCiding requests for temporary nonoperative yehicle
permits, the board of adjustment shall base its decision in eonslderation of
the following findings of fact.
FINDINGS OF FACT: The proposed temporary nonoperatlve vehicle
permit:
I Will not alter the character of the locality; and
2 Will not contribute to blight In the neighborhood, and
3 Will be adequately screened from adjacent properties and public
streets, and
4 Will not create environmental hazards (use of pamt, body work,
weldmg, ground contammation)
The board of adjustment may also take into consideration the history
of compliance, or of zoning YlOlations by the applicant and any other
factors relevant to the speCific applIeation,
f. The Board of Adjustment may impose eondltlOns to ensure compliance
with the criteria for review These eonditions may include, among others,
length of permit, and limitations on seope of restoration (i e, type of work
- no body work or painting), Violations of the conditions imposed shall
be grounds for revocation of the temporary nonoperatIye vehicle permit.
g, A any temporary nonoperative vehicle permit shall not be transferable or
assignable to any other landowner, tenant, lessee or occupant.
h, The approval of a temporary nonoperative vehicle permit shall not be
construed to mean that restoratIOn of such vehicle is an allowed home
occupation pursuant to Section 26-613 of the zoning and development
code.
Section 2. Safety Clause, The City of Wheat Ridge hereby finds, determines, and
declares that this ordinance is promulgated under the general poliee power of the City of Wheat
Ridge, that It IS promulgated for the health, safety, and welfare of the publie 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 determines that the ordinance bears a rations
relation to the proper legislative object sought to be attained,
Section 3. Seyerability, If any clause, sentenee, 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 applIeation to other
persons or circumstances,
Section 4. Supersession Clause, If any provision, requirements 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
here shall supersede and prevaiL
Section 5. This ordinance shall take effect upon adoption, as permitted by the Charter
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to
o in thiS 9th day of June ,2003, ordered published in full in a newspaper
of general elrculation In the City of Wheat Ridge and Public Hearing and consideration on final
passage set for TlllJi 14 ,2003, at 7'00 o'clock p,m" in the Council
Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado,
READ, ADOPTED AND ORDERED PUBLiSHED on second and final reading by a
vote of -----L- to 1 , this 1 4 t h day of .T III y , 2003,
SIGNED by the Mayor on this
16th day of
,2003,
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Wanda Sang, City Clerk
1 ST pubhcation, June 19, 2003
2nd pubhcation: July 24, 2003
Wheat Ridge Transeript
EffectIve Date July 14, 2003
APPROVED AS TO FORM BY CITY ATTORNEY
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GERAL DAHL, CITY ATTORNEY