HomeMy WebLinkAboutOrdinance 2008-1413
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER Berry
Council Bill No. 09-2008
Ordinance No. 1413
Series of 2008
TITLE: AN ORDINANCE CONCERNING THE PERMITTED
LOCATIONS OF BAIL BONDS BUSINESSES, AND IN CONNECTION
THEREWITH, AMENDING CERTAIN SECTIONS OF CHAPTER 26 OF
THE CODE OF LAWS
WHEREAS, the City of Wheat Ridge, acting through its City Council, has
authority pursuant to Article XX of the Colorado Constitution, C.R.S. 31-23-101 et
seq., and the City's Home Rule Charter to regulate the use of land; and
WHEREAS, such authority extends to the regulation of uses in the various
zoning districts of the City; and
WHEREAS, the Council finds and determines that conducting a bail bonds
business has unique land use impacts, including but not limited to the noise and
traffic associated with longer hours of operation (many twenty-four hours) than
traditional retail businesses; and
\^JHEREAS, Council fUithei finds that such land use irnpacts are most
appropriate and impact the quiet enjoyment of neighboring and surrounding
properties the least in industrial zone districts and the higher-intensity commercial
zone districts; and
WHEREAS, as such, the Council finds and determines that it is necessary
and desirable to define bail bonds businesses as a distinct land use and to permit
such use in the industrial zone districts and the C-2 zone district within the City;
and
WHEREAS, Council has received recommendation on these amendments to
Chapter 26 of the Wheat Ridge Code of Laws from the Planning Commission, after
notice and a public hearing before the Commission; and
WHEREAS, after due and proper notice in accordance with Chapter 26 of
the Code of Laws, the Council has conducted a public hearing on the contents of
this Ordinance.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO AS FOLLOWS:
Section 1. Section 26-123 of the Code of Laws, concerning Zoning Code
definitions, is hereby amended by the addition of a new definition, to be inserted
alphabetically after Automobile storage yard and before Bed and breakfast rooms:
Bail bonds business. A business whose primary purpose is to act as a
surety to secure the presence of an accused person at a court
proceeding in a criminal matter.
Section 2. Section 26-204 of the Code of Laws is hereby amended by the
addition of the following new line item in the Table of Uses for Commercial and
Industrial Districts, to be inserted alphabetically after "Automotive parts and supplies
sales" and before "Bakeries, retail":
Table of Uses -Commercial and Industrial Districts
I Uses
I Bail bonds businesses
I Notes I
See Footnote 2. See S 26-634 for
distance requirements.
NC I
RC
C-1
C-2
P
I
P
Section 3. Section 26-204 of the Code of Laws is hereby amended by the
addition of the following under the "Footnote:" heading under the Table of Uses -
Commercial and Industrial Districts:
2. In addition to being allowed as a Permitted Principal Use in the C-2 and I zone
districts, bail bonds businesses may be permitted in Planned Industrial
Development distiicts if appioved as part of an Outline Development Pian (ODP)
and in conformance with the requirements of Code Section 26-634.
Section 4. Article VI of Chapter 26 of the Code of Laws is hereby amended by
the addition of a new Section 26-634, to read in its entirety as follows:
Sec. 26-634. Bail bonds businesses; distance requirements.
A. No person shall locate, cause to locate or permit to be located a
bail bonds business within one hundred (100) feet of the property line of
any lot, tract or parcel of land within the city which is zoned for residential
use, or zoned A-1 or A-2 and used for residential purposes.
B. No person shall locate, cause to locate or permit to be located a
bail bonds business within six-hundred (600) feet of the property line of
any school or public park.
C. For the purpose of this Section, the distance between a bail
bonds business and a residential district, a residential lot, a school or a
public park shall be measured in a straight line, without regard to
intervening structures, objects or city limits, from the closest exterior wall
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of the structure in which the bail bonds business is located to the property
line of such use.
Section 5. Any bail bonds business lawfully located and in active use as of the
effective date of this Ordinance may be continued so long as it remains otherwise
lawful, subject to the general requirements for legal nonconforming uses set forth in
Section 26-120 of the Code of Laws.
Section 6. Severabilitv: Conflictina Ordinances Reoealed. If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in
conflict with the provisions of this ordinance are hereby repealed.
Section 7. ~ffective Date. This Ordinance shall take effect fifteen days
after final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of l to ~
on the 12th day of Mav. 2008, 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 Mondav. June 9. 2008. 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 ~ to ~, this 9th day of June . 2008.
SIGNED by the Mayor on this 10th
day of June . 2008.
d~lf~
trt!JDiTUiliO, Mayor
ATTEST:
~~~~ ~~~\
Michael Snow, C~~y Clerk \ \ ~~
A~Wla{)f
Gerald E. Dahl, City Attorney
First Publication: May 15, 2008
Second Publication: June 19, 2008
Wheat Ridge Transcript:
Effective Date: July 4, 2008
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