HomeMy WebLinkAboutOrdinance-1984-0577INTRODUCED BY COUNCILMEMBER WEST
ORDINANCE NO. 577
Series of 1984
TITLE: AN ORDINANCE REPEALING AND REENACTING SECTION 28.A.16.
OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE RELATING
TO THE DEFINITION OF THE TERM "HOME OCCUPATIONS", AND
ALSO REVISING VARIOUS OTHER SECTIONS OF THE ZONING
ORDINANCE RELATING TO "HOME OCCUPATIONS" AS A PERMITTED
USE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
Section 1. Section 28.A.16, Appendix A, of the Code of Laws of
the City of Wheat Ridge is hereby repealed and reenacted to read
as follows:
"16. Home Occupation. The use of a portion of a dwelling
or accessory structure for commercial or business
activities customarily conducted in the home and
which are incidental to the primary use as a home
or residence as listed in the various zone districts
where Home Occupations are a permitted use, provided
however that the following requirements are met:
1. Such use shall be conducted entirely within a
dwelling or accessory structure except for sales
of plants and produce grown on the premises and
carried on only by the inhabitants living there
with the exception that should the operator be
substantially, physically handicapped, that a
nonresident may be employed to assist the operator
in his work to the extent he requires it to make
up for his physical handicap.
2. Such use shall be clearly incidental and secondary
to the use of the dwelling for dwelling purposes
and shall not change the character thereof.
3. The total area used for said purposes shall not
exceed twenty-five (25) percent of the gross floor
area of the user's dwelling unit.
4. There shall be no advertising signage, except a
maximum of one (1) non-illuminated wall or arcade
sign which, notwithstanding any other provision of
the Code of Laws of the City of Wheat Ridge, shall
not exceed two (2) square feet, to be attached to
the dwelling.
5. No home occupation shall create negative impacts
for the residential neighborhood, and it shall not
change the residential character thereof.
6. The use shall not generate traffic, noise, vibration,
glare, fumes, odors, or electrical interference beyond
what normally occurs in any residential zone district.
7. There shall be only incidental storage of stocks,
supplies or products related to the occupation
conducted on the premises. Merchandise stored or
merchandized on the premises which is either for
retail sales or for delivery of pre-sold items,
shall be limited to a maximum area of 100 square
feet.
ORDINANCE NO. 577 PAGE TWO
8. There shall be no exterior storage on the premises
of materials, products, or equipment used as part
of the home occupation, nor shall there be any
visible evidence, from any property line, except
by approved signs, of operating a home occupation
except for sales of plants and produce grown on
the premises.
9. Parking related to the home occupation shall be
confined to the street frontage of the lot in
question, the driveway, and the garage/carport.
10. In no event shall any of the home occupations
permitted be interpreted to allow any of the
following business or commercial activities.
a. Body or mechanical repair or modification
of motor vehicles (for hire).
b. Animal hospital, kennel or animal grooming.
C. Residental Health Care facility.
d. Taxidermy of large animals and large fish,
and/or the curing of hides and skins.
e. Parking of vehicles for a fee or other
considered value.
Section 2. Wheat Ridge Code of Laws, Appendix A, Section 4.A.8.,
5.A.7., 6.A.7., 7.A.7., 8.A.8., 9.A.11.1 10.A.9., ll.A.9., 14.A.7.1
and 15.A.6 are hereby repealed and reenacted to read as follows:
"Home Occupations which are limited solely to the following
business or commercial activities, and no others, provided
that all the requirements set forth in Section 28.A.16. are
met:
1. Craft work, such as the making of pottery, jewelry, or
dolls, flower arranging, smithing and woodworking.
2. Garment work, such as tailoring, dressmaking, millinery
work, ironing and garment repair.
3. Office uses, such as office uses for door-to-door, home
party and telephone solicitation sales, investment
counseling, typing, notary public, travel services,
surveyors, physicians, dentists, lawyers, accountants,
architects, engineers and other similar services.
4. Repair services for electronics, small appliances and
mechanical devices, bicycles and upholstery.
5. Tutoring, music lessons, dance lessons, gymnastics lessons,
swim lessons and tennis lessons.
6. Artistic endeavors, such as art studios, portrait studios,
photography studios, writing and lithography.
7. Garage sales, not to exceed four (4) three-day periods,
which need not be consecutive, per calendar year.
8. Hair care services carried on by only one (1) inhabitant
of the dwelling. Notwithstanding 28.16.1., no other
employee shall be permitted.
9. Providing care for compensation for not more than six (6)
children under the age of sixteen (16) who are not related
to the inhabitants of the dwelling unit, as a day care,
preschool, day nursery or child care service."
ORDINANCE NO. 577 PAGE THREE
10. Sales directly related to, but merely ancillary to,
the primary home occupation, such as:
a. Sale of hair care products by a beautician or barber.
b. Sale of accompaniment items, such as neckties, bows,
ribbons, or belts for a tailor or dressmaker.
C. Sale of component parts or accessories used in
repair services for electronics, small applicances,
bicycles, etc.
d. Supplies related to a class, course of instruction,
or lessons conducted on the site.
e. Sales of artistic or craft works, which were created
on the site, such as pottery, jewelry, dolls, portraits,
paintings, sculptures, etc.
f. Sales of plants and produce grown on the premises.
11. Delivery of pre-sold items which were sold either over the
telephone, by door-to-door solicitation, or at home
parties, such as: Beauty products, kitchen ware, home
products, etc.
Section 3. Safety Clause. The City Council 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 of the 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 4. Severability. If any clause, sentence, paragraph, or
part of this ordinance or the application thereof to any person or
circumstances shall for any reason be adjudged by a court of competent
jurisdiction invalid, such judgment shall not affect, impair or
invalidate the remainder of this ordinance or its application to
other persons or circumstances.
Section 5. This ordinance shall take effect 15 days after final
publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to
1 on this 25th day of June , 1984, 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
July 23 1984, at 7:30 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 7 to 0 , this 23rdday of July , 1984.
ATTEST:
Frank Stites, Mayor
Wanda Sang, City Cl ik APPROVED AS TO FORM BY
OFFICE OF CITY ATTORNEY:
1st Publication June 28, 1984 A
2nd Publication August 2, 1984 ,
/7
(Wheat Ridge Sentinel) / *el
Effective Date: August 17, 1984 t z
JgYi E. Hayes
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