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HomeMy WebLinkAboutOrdinance-1969-0015 - Establishing a Board of AdjustementBY COUNCILMAN Robert P. Eckhardt ORDINANCE NO. 15 Series of 1969 TITLE. AN ORDINANCE ESTABLISHING A BOARD OF ADJUSTMENT, THE MEMBERS THEREOF, THE POWERS OF SAID BOARD, THE PROCEDURES AND RULES OF SAID BOARD. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Establishment. A Board of Adjustment is hereby established, the members of which shall be appointed by the City Council. The word "Board" when used in this section shall be con- strued to mean the Board of Adjustment. The Board shall consist of five (5) regular members and three (3) alternate members, not more than two of whom at any time may be members of the City Planning Commission. Each member shall serve for three (3) years. The terms shall be filled initially by appointing two members to a one year term, two members to a two year term and one member to a three year term, and one alternate to a three year term, one alternate to a two year term, and one alternate to a one year term. Following the expir- ation of any initial term all terms shall be for three years. Vacancies shall be_fillad by the City Council, Section 2. Officers._ The Board shall at its first regular meeting of such year select a chairman, a vice chairman and a secretary. The secretary may or may not be a member of such Board. The Chairman shall preside at meetings and shall.perform all duties as usual and ordinary for the presiding officer ofany Board or group. The Vice Chairman shall perform the duties of the Chairman in the absence of the Chairman. The secretary shall keep full and complete minutes and records of all meetings and shall have the custody of all the records, and shall generally supervise all of the clerical work of the Board and perform the duties usually performed by the secretary of a board or group. J Section 3. Powers. The Board shall have the following powers: 1. The Board shall have all powers granted to it by the Colorado Revised Statutes of 1963, as amended, as contained in Chapter 139, Article 60. 2. To hear and decide requests for special exemptions or for interpretation of the district maps or for decisions upon other special questions upon which the Board is expressly authorized by this ordinance to pass. 3. To interpret the provisions of this ordinance in such a way as to carry outthe intent and purpose of the plan where the street or highway layout on the ground varies from the street or highway layout as shown ❑n the district map. 4. Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of the enactment hereof, or by reason of exceptional topographic conditions or other extraordinary and exceptional situationor condition of such piece of property, the strict application of any regulation herein adopted would result in peculiar and exceptional practical difficulties, to, or exceptional and undue hardship upon, the owner of such property, to authorize, upon an appeal relating to such property, a variance from such strict an application so as to relieve such difficulties or hardship, provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the zoning plan as embodied in this ordinance and district maps. 5. To permit in any district a temporary building or use of land for business or industry which is incidental use in that district, such permit to be issued for a period of not more than one (1) year. 6. To permit in any district the temporary use of vacant land for sand, gravel or clay pits or rock quarries, subject to such - 2 - restrictions as may be deemed necessary by the Board to protect the residential property in the neighborhood. 7. To permit public utility or public.service uses in any district when found to be necessary for the public health, safety, convenience or welfare. - 8. To permit or to refuse to permit uses in the several districts as permissable only if approved by the Board of Adjustment; provided, however, that in consideration of the advisability of the use, due consideration shall be given to the effect of such use on adjacent property. 9. In exercising the above-mentioned powers, the Board may, in conformity with the provisions of law, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises, and to that end shall have all the powers of the City Building Inspector. Section 4. Procedure. The Board of Adjustment shall hold a public hearing on all applications and appeals with the following special conditions required: A. A notice of said hearing shall be given to the persons in the area affected in the manner prescribed by the Adjustment Board. B. For applications for variances relating to the use requirements of this ordinance the posting of a sign in a conspicuous place on said premises not less than fifteen (15) days before said hearing. C. For applications for variances, a fee of $25.00 shall be charged to cover the cost. of-advertising and processing. D. Any final determination of the Board of Adjustment shall be reported in writing over the signature of the Chairman of said Board, and a copy of said report shall be furnished the applicant, the Planning Commission and the City Clerk. The Board of Adjustment - 3 - . shall authorize issuance of any permits, licenses, or other instruments necessary to implement or enforce said determination. Section 5. By-Laws.and Rules of Procedure. 1. The Board shall adopt By-Laws and Rules of Procedure that shall be approved by the City Council. Section 6. Final Disposition of Cases. 1. Every decision of the Board on any case shall.be by recorded resolution indicating the reasons of the Board therefor. 2. The final disposition of any appeal from the City Building Inspector before the Board of Adjustment shall be in the form of a resolution either affirming, reversing or modifying the order, requirement, decision or determination appealed from. If a resolution fails to receive four votes in favor of the appellant upon appeal or.of the applicant for a variation from the zoning regulations the action will be deemed equivalent to-a denial, and a resolution denying such application or appeal shall be formally entered upon the record unless there be a member absent at the roll calland unless the vote of each absent member added to those voting for an applicant or appellant would equal four, in which case the matter will be laid over for hearing before the full Board. 3. No request to grant a rehearing- will be entertained unless new evidence is submitted which could not have been, with due diligence, presented at the previous hearing or at least one (1) year has passed since the previous application or appeal. Section 7. Zoning Application. 1. No application for a variation from the course pre- scribed by the zoning ordinance shall be heard by the Board of Adjustment except in a specific case, and from an order, requirement, decision or determination made by the City Building Inspector upon the ground that the proposed plan or use is contrary to the provisions of the zoning ordinance. - 4 - 2. No such application shall be entertained unless the application is filed within fifteen (15) days after the date of the action of the City Building Inspector. 3. As soon as any application is completed by the filing of the necessary data, the Board of Adjustment shall fix a reasonable time for the hearing, not within less than fifteen (15) days there- after, and require the pasting of a sign in a conspicuous place on said premises dot less than fifteen (15) days before said hearing. Section 8. Emergency Clause. The provisions of this ordinance are to establish a Board of Adjustment pursuant to Chapter 139, Article 60, of the-Colorado Revised Statutes, 1963, as amended for the following reasons: A. This ordinance is necessary for the immediate preser- vation of the public health or safety. B. No ordinances establishing a Board of Adjustment exist in the city because the city, having completed incorporation August 20, 1969, has not heretofore adopted any ordinance establishing a planning commission. Section 9. Effective Date. This ordinance shall take effect and be in force five (5) days after publication following final passage providing it shall have been passed by an affirmative vote of three fourths (3/4) of the members of. the City Council; otherwise said.. ordinance shall take effect thirty (30) days after publication following final passage. INTRODUCED, READ, ADOPTED AND ORDERED PUBLISHED AND POSTED on first reading by a vote of 5 to 0 this 18th day of November, A. D. 1969. READ, ADOPTED AND ORDERED PUBLISHED AND POSTED on second and final reading by a vote of 6 to 0 this 2nd day of December, A. D. 1969. nn I' AL ERT E. ANDERSON' MAYOR ATTEST:~ LOUITURNER- CITY CLERK 1 - 5 - CERTIFICATE OF POSTING I, Louise F. Turner hereby certify that Ordinance # 'S~ was duly posted by me following first reading on the.;?o.M day of l OOe.7agC 1969, at the following locations within the City of Wheat Ridge: Wheat Ridge Post Office Wheat Ridge Branch Library Westridge Sanitacion District Office Columbia Heights School Prospect Valley Fire Department Wheat Ridge City Office I, Louise F. Turner hereby certify that Ordinance # /Sl was duly posted by me following second reading on the day of 1L -eC£M6£e 1969, at the above locations within the City of Wheat Ridge. 77 C>` Louise F. Turner N City Clerk Grjglrp.~~__ - SEAL