HomeMy WebLinkAboutOrdinance 2011-1482
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER JAY Council Bill No.!! Ordinance No. 1482 Series 2011 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS CONCERNING
NONCONFORMING STRUCTURES IN THE FLOODWAY DISTRICT WHEREAS, the City of Wheat Ridge, acting through its City Council, has previously adopted Article VIII of Chapter 26 of the Wheat Ridge
Code of Laws (the "Code") entitled "Floodplain Control;" and WHEREAS, Section 26-805.C of the Code prohibits structures within the "Floodway District" defined by Code Section 26-802
and as described in Code Sections 26-804 and 26-806; and WHEREAS, there currently exist numerous structures for human occupancy within the Floodway District which are legal nonconforming
uses, but which, as a consequence of Code Section 26-805.C.1, could not be rebuilt if destroyed; and WHEREAS, the Council wishes to allow such structures to be rebuilt or repaired, as
permitted special exception uses subject to reasonable requirements to ensure safety of human occupants. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO: Section 1. Section 26-805 of the Wheat Ridge Code of Laws is amended by the addition of a new subsection C and renumbering current subsection C as 0, to read as follows: 26-805.
Floodway District. A. .. . B . . . . C. SPECIAL EXCEPTIONS. THE FOLLOWING USES ARE PERMITTED IN THE FLOODWAY DISTRICT SUBJECT TO SPECIAL REQUIREMENTS AS NOTED: 1. STRUCTURES FOR HUMAN
OCCUPANCY WHICH WERE IN EXISTENCE AS OF FEBRUARY 26, 2001, SUBJECT TO SECTION 26-807 (NONCONFORMING USES) AND THE REQUIREMENTS OF SECTION 26-806.0, E and F, PROVIDED,
HOWEVER, THAT A SPECIAL EXCEPTION PERMIT SHALL NOT BE REQUIRED. D. Prohibited Uses. . .. Section 2. Section 26-807 of the Wheat Ridge Code of Laws is amended to read as follows: Sec.
26-807. Non-conforming uses AND STRUCTURES. The existing lawful use of a structure or premises which is not in conformity with the provisions of these regulations may be continued subject
to the following conditions: A. No such use shall be expanded or enlarged THE NONCONFORMITY except in conformity COMPLIANCE with the provisions of these regulations. B. No substantial
improvement to any nonconforming structure over the life of the structure shall be allowed unless the nonconforming ~ STRUCTURE is permanently changed to a conforming ~STRUCTURE . C.
If such use is discontinued for TWO (2) t\velve (12) consecutive YEARSmonths, any future use of the building and premises shall conform to these regulations. D. Uses or adjuncts thereof
which are nuisances shall not be permitted to continue as nonconforming uses. E. Any alteration, addition or repair to any nonconforming structure permitted pursuant to subsection B.,
above, shall be protected by floodproofing measures pursuant to section 26-808C.4.a. Section 3. Severability, Conflicting Ordinances Repealed. 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 4. Effective Date. This Ordinance shall take effect fifteen (15) days after final
publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 0 on this 14th day of March, 2011, ordered published in full
in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final -2-
passage set for March 28, 2011 and continued until April 25, 2011 at 7:00 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 6 to 0, this 25th day of April, 2011. SIGNED by the Mayor on this :J..l.t tI-day ATIEST: Michael Snow, City Clerk First Publication: March 17,2011;
March 31, 2011 Second Publication: April 28, 2011 Wheat Ridge Transcript Effective Date: May 13, 2011 -3-~-F-L-..l....L---' 2011.