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HomeMy WebLinkAboutOrdinance-2004-1321 INTRODUCED BY COUNCIL MEMBER Council Bill No. 06-2004 Ordinance No. 1321 Series of 2004 Stites TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO THE EXPIRATION OF DEVELOPMENT APPROVALS (CASE NO. ZOA-03-17) WHEREAS, the eXisting language does not differentiate between the permitted types of site development approvals, WHEREAS, the planned development outline development plan is the document which establishes zoning and should remam III effect m perpetuity, WHEREAS, the speCial use permit procedures have been modified by City Council action, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. The Zoning and Development Code IS hereby amended by adoption of the followmg. Section 26-107. Expiration of development approval; reapplications. A. Any prelimmary or final approval of a site development shall expire and become null and VOId If (1). For preliminary approvals, all application for final apprO'lal is not filed withm onc (1) ycar of SUCH approval, or Ri For fiIlal approvals, a bUilding permit IS not ISsued for thc work autHorizcd witffifl one ( 1 ) year from the date of final approval. or if the work is ceascd for a penod of one hundrcd twcnty (120) days or more at any time aftcr work is commenced. (1) For variances, a building permit is not issued within 180 days from the date it was granted. See section 26-115.4. (2) If an approved special use ceases operation for any reason for a period of one (1) year, the special use permit shall be deemed expired, unless otherwise provided in the permit itself. For administrative special use site development approvals, the Community Development Director shall decide whether the zoning and/or permitted use of the property shall revert to that in place prior to the expired approval. For rezoning, planned development and special use final sIte development approvals, For special uses approved through a public hearing process, a public hearing before the city council m the manner required for final review shall be held to confirm whether the zOfllng and lor permitted use of the property shall revert to that m place prior to the expired approval (3) Any issued buildmg permIt shall expire if the work authOrized is not commenced Within sixty (60) days from the date of Issuance, or if the work is ceased for a period of one hundred twenty (120) days or more at any time after work is commenced. B. After site development approval has expired, no work shall be commenced until the developer has received new approval pursuant to the procedures set forth in this chapter. C. A new application for substantially the same development process may not be refiled for one (1) year after denial. Section 2. Safetv Clause. The City of Wheat Ridge hereby finds, determmes, and declares that this ordinance 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 ordmance IS necessary for the preservation of health and safety and for the protection of public convemence 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. Severability. If any clause, sentence, 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 mvalid, such judgment shall not affect application 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 in the Code of Laws of the City of Wheat Ridge, which are m eXistence as of the date of adoptIOn of thiS ordmance, the provisions, reqUirements and standards here shall supersede and prevail. Section 5. Effective Date. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to o m thiS 22nd day of March , 2004, ordered published m full in a newspaper of general circulation m the City of Wheat Ridge and Public Hearing and conSideration on final passage set for April 12 ,2004, at 7'00 o'clock p.m., in the Council Chambers. 7500 West 29th Avenue, Wheat Ridge, Colorado 2 READ, ADOPTED AND ORDERED PUBLISHED on second and final readmg by a vote of ~ to 0, this 12th day of April ,2004. SIGNED by the Mayor on this ATTEST "Ci~~~__ 't -.' \. ..... ~ '-- \.._'---'- Pamela Y Anderson, City Clerk 13th day of April ,2004 -- , \ ---___-.J ST " l' publicatIOn March 25, 2004 2nd publication. April 15, 2004 Wheat Ridge Transcnpt Effective Date April 30, 2004 APPROVED AS TO FORM BY CITY ATTORNEY ~~~~~ 3