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HomeMy WebLinkAboutOrdinance-2006-1376 INTRODUCED BY COUNCIL MEMBER WOMBLE Council Bill No. 23-2006 Ordinance No. 1376 TITLE: AN ORDINANCE AMENDING CHAPTER 26-603 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO FENCING WHEREAS, the City of Wheat Ridge has recently constructed a police evidence impoundment area on City owned property; WHEREAS, the City of Wheat Ridge is desirous of securing this area; WHEREAS, barbed wire fencing is currently not permitted in the Public Facilities (PF) zone district; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Section 26-603. Fencing, walls and obstructions to view. of the Wheat Ridge Code of Laws is hereby amended as follows: Sec. 26-603. Fences, walls, and obstructions to view. Divisional fences and divisional walls are permitted in any zone district with the issuance of a fence permit approved by the community development department in accordance with the requirements of this section. D. Fences and divisional walls permitted. 1. Masonry walls. 2. Ornamental iron. 3. Woven wire and chainlink. 4. Wood. 5. Hedges. 6. Barbed wire: a. Barbed wire shall be permitted only in the Agricultural One (A-I) zone district, or within any zone district if located within floodplain areas, or in residential zones for the keeping of large animals where allowed, provided any barbed wire is located at least three (3) feet inside of another permitted fence and that the other fence is at least forty- two (42) inches high; or 1 b. Barbed wire shall be permitted in commercial, aaEl industrial and Public Facilities (PF) zone districts where placed on top of a six-foot-high fence or higher where permitted. Barbed wire placed on top of a fence shall not be counted toward the height of a fence. The barbed wire placed on top of a fence shall not be greater than two (2) feet in height and shall point inwards towards the property. In the Public Facilities zone district, where barbed wire fencing is used next to existing residential development, consideration shall be given to minimize the impact through buffering. Section 2. Safetv Clause. The City of Wheat Ridge hereby finds, determines, 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 ofthe public 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 rational relation to the proper legislative object sought to be attained. Section 3. Severabilitv. 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 invalid, 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 in existence as of the date of adoption of this Ordinance, 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 7 to 0 in this 11 th day of September , 2006, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for October 23, 2006 ,2006, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0 ,this 23rd day of October ,2006. SIGNED by the Mayor on this 24th day of October ,2006. " . ~- / ~ 1/") j~';-01'/'/ ;;my 91TULLlO, MAYOR 2 ATTEST: / ~"- tt\IM..L- L (~t;.,~ CG'--- Pamela Y. Anderson, CIty Clerk APPROVED AS TO FORM BY CITY ATTORNEY 4Z(j/~- ~) (/ GERALD DAHL, CITY ATTORNEY 1 ST publication: September 14, 2006 2nd publication: October 26, 2006 Wheat Ridge Transcript Effective Date: November 10, 2006 3