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HomeMy WebLinkAboutOrdinance-1989-0790INTRODUCED BY COUNCILMEMBER MERKL Ordinance No. 790 , Series of 1989 TITLE: AN ORDINANCE AMENDING SECTION 28 OF APPENDIX A, ZONING ORDINANCE, OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, RELATING TO DEFINITIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: SECTION 1. The following Definitions of Section 28., of Appendix A, Zoning Ordinance of the Code of Laws of the City of Wheat Ridge, are hereby repealed: 3. Building Height 10. Family 16. Home Occupations 29. Lot line, front 44a. Group Homes for Children 49. Story 63. Zoning Administrator SECTION 2. The following Definitions of Section 28., of Appendix A, Zoning Ordinance of the Code of Laws of the City of Wheat Ridge are hereby reenacted: 3. BUILDING HEIGHT: The vertical distance measured from the average elevation of the finished grade of the building to the highest point of the roof surface if a flat roof, or to the deckline of a mansard roof, or to the mean height level between eaves and ridge for a gable, hip, gambrel, or other roof. (See Figure 28.1.) The height of a stepped or terraced building is the maximum height of any segment of the building. The building height limitations established shall not apply to the following: church steeples, silos, decorative domes and cupolas not used for human occupancy or any commercial, business or industrial use, nor to windmills, chimneys, ventilators, transmission towers, solar heating and cooling devices, or necessary mechanical appurtenances normally carried above the roofline. 4. CUL-DE-SAC: A non-thru or dead-end local street with special features (bulb) for the turning around of vehicles. (See Figure 28.3.) 6. CUL-DE-SAC LOT WIDTH: A cul-de-sac lot will have at least thirty (30) feet of street frontage. The average width of this lot shall be equal to the minimum required frontage of standard lots within any given zone district. (See Figure 28.3.) Sec. 28 Page 1 10. FAMILY: One (1) or more persons related by blood, marriage or adoption, plus domestic servants employed for service on the premises, or a group of not more than three (3) persons who need not be so related living together as a single housekeeping unit. FIVE PEOPLE OVER THE AGE OF SIXTY (60) SHARING ONE HOUSEKEEPING UNIT SHALL ALSO BE DEEMED TO BE A FAMILY. For the purpose only of computing the maximum allowable density of 21 units per acre provided for in the Wheat Ridge Home Rule Charter, the following shall apply: If a single housekeeping unit is designed for the use of more than three unrelated persons, such as, but not limited to, the handicapped or elderly, each three persons in any such unit shall constitute one (1) family unit. 16. HOME OCCUPATION: a. CLASS I: The use of a portion of a dwelling or accessory structure for commercial or business activi- ties customarily conducted in the home and which are incidental to the primary use as a home or residence. Non-resident employees are not allowed. (See Sec. 27.Q.1.) b. CLASS II: 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. One or two non-resident employees may be allowed with approval by Special Use Permit. (See Sec. 27. Q.2. ) 29. LOT LINE, FRONT: The common boundary line between an interior lot (other than a through lot) and a street, or the common boundary line between a corner lot (other than a through lot) and that street toward which the principal or usual entrance to the main building situated on such lot more nearly faces, or the common boundary line between a through lot and an adjacent street toward which the princi- pal or usual entrance to the main building situated on such lot most nearly faces. The front lot line of a flag lot shall be determined by the lot line parallel with the near- est street from which access is obtained.(See Figure 28.2.) 49. STORY: that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper sur- face of the topmost floor and ceiling or roof above. If the finished floor level directly above a usable or unused under-floor space is more than 6 feet above grade as defined herein for more than 50 percent of the total perimeter or is more than 12 feet above grade as defined herein at any point, such usable or unused under-floor space shall be considered as a story. (See Figure 28.1.) Sec. 28 Page 2 63. ZONING ADMINISTRATOR:The Planning and Development Director or a duly appointed designee. SECTION 3. The following Definitions of Section 28., of Appendix A. Zoning Ordinance of the Code of Laws of the City of Wheat Ridge are hereby enacted: l.a. BED & BREAKFAST ROOMS: A subordinate use of a single family dwelling which offers sleeping rooms for over night tran- sient occupancy, wherein there are no cooking facilities located within the sleeping rooms, however where meals may be prepared by the resident owner/manager in the dwelling kitchen, and taken in a common dining room.(See Sec.27.N.) 2.a. BUILDING COVERAGE: The portion or percentage of the total lot area which is covered by the main or accessory buildings. 6.a. DAY CARE CENTER: A facility licensed by the State of Colorado, which provides care of children with or without compensation. 6.b DAY CARE CENTER, SMALL: A facility licensed by the State of Colorado which is used exclusively for the purpose of providing care with or without compensation of seven to twenty four children. 6.c. DAY CARE HOME, LARGE: A home which is licensed under the State of Colorado and which provides care with or without compensation of seven to twelve children, from twenty-four months to sixteen years of age, including the caretaker's children not attending full-day school, as a day care, preschool, day nursery or child care service. 6.d. DAY CARE HOME, SMALL: A home which is licensed under the State of Colorado and which provides care, with or without compensation, for not more than six (6) children under the age of sixteen (16), including the caretaker's children not attending full-day school, as a day care, preschool, day nursery or child care service. 26a. LOT COVERAGE: The percentage of a lot or parcel that is covered by main buildings, accessory structures and/or paving. 28a. LOT, IRREGULAR: a lot where there is no discernable side or rear lot line. The zoning administrator shall designate side and rear lot lines on irregular lots, for the purpose of establishing setback requirements, based upon overall lot configuration and with regard to adjacent properties. (See Figure 28.2.) Sec. 28 Page 3 28b. LOT, FLAG: A lot which is situated such that the front lot line does not abut a public street. Primary access is by a private or privately shared drive leading to a street. The front lot line of a flag lot is that property line most parallel to the street from which access is gained. 44. RESIDENTIAL GROUP HOMES: a. Residential Group Home for Children. This is a residential facility which is licensed by the Jefferson County Social Services Division for the purpose of providing up to 24 hour care, supervision, and/or training for children under the age of 18 years. Those children placed in a home under the age of 18 but who remain in the home after reaching the age of 18 shall be considered a child under this definition until reaching the age of 21. Group homes for children do not include facilities for the placement of children by the Youth Services Division of the Department of Insti- tutions, the Mental Health Division of the Department of Institutions, or the Alcohol and Drug Abuse Division of the Department of health, even if licensed by Jefferson County Department of Social Services. (See Sec. 27.P.). b. Group Homes for the Developmentally Disabled. This is a residential facility, licensed by the State for the purpose of providing twenty-four hours staff care, shelter, supervision, training and/or rehabilitation to developmentally disabled persons and additional re- quired staff. (See Sec. 27.P.) C. Group Home for Elderly Persons. This is a residential facility established as either an owner occupied or nonprofit group home for the exclusive use of persons sixty years of age or older who do not need skilled and intermediate care facilities, plus no more than two (2) live-in staff persons. (See Sec. 27.P.) Sec. 28 Page 4 d. Group Home for Mentally Ill Persons. This is a residential facility for mentally ill persons, as defined by Colorado Revised Statutes, Section 27-10- 102,licensed by the State for the purpose of providing twenty-four hours staff care, shelter, supervision, training and/or rehabilitation to mentally ill persons and additional required staff. (See Section 27.P.) 44.d.ROOMING/BOARDING: An accessory use to a dwelling, where in addition to a family as defined herein, not more than two (2) persons not related to the family are provided lodging and meals for compensation, either paid directly or indi- rectly, and on a contract basis of not less than seven (7) days. C. FIGURES: The attached figures are supplemental to the above definitions. Building Height Average Grade..... Actual Grade - 1 r i Figure 23.1. Building height, story, 9 grade. Computing Average Grade •••431•-. • 430__ .i -129- -428--'. 427•, , 429 431 431 429 ~J=•43o•Average Grade center Sec. 28 Page 5 Figure 28.2 Lot Configurations REAR I" LINE Mt LOT LINK REAR LOT LINK FRONT LOT LINE FRONT LOT LINE OF FLAG LON 'FRONT LOT LINE ,.FONT LOT LINE Figure 28.3. Front setbacks for structures on lots or portions of lots which abut cul-de-secs, may be reduced to 10 feet for those portions of lots which abut a cul-de-sac bulb. SECTION 4. Safety Clause. The City Council hereby finds, deter- mines, 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 5. 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 application to other persons or circumstances. SECTION 6. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found else- where 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 herein shall supersede and prevail. SECTION 7. This ordinance shall take effect June 1, 1989. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 10th day of April . 1989, 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 April 24 , 1989, at 7:30 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 L to 1 this 24th day of April , 1989. SIGNED by the Mayor on this 25th day of April , 1989. ATTEST: Wanda Sang, City,,Clerk 1st Publication: April 13, 1989 2nd Publication: May 11, 1989 Wheat Ridge Sentinel: Effective Date: June 1, 1989 Dan Wilde, Mayor APPROVED AS TO FORM BY OFFICE OF CITY~Ar~TORNEY: J Sec. 28 Page 6