HomeMy WebLinkAboutOrdinance-1990-0821
INTRODUCED BY COUNCILMEMBER
Merkl
ORDINANCE NO. 821
Series of 1990
TITLE:
AN ORDINANCE AMENDING SECTION 28. DEFINITIONS, OF
APPENDIX A. ZONING ORDINANCE, OF THE CODE OF LAWS OF
THE CITY OF WHEAT RIDGE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
Section 1. Appendix A. Zoning Ordinance of the Code of Laws of
the City of Wheat Ridge, Section 28. Definitions, is hereby
amended as follows:
SECTION 28. DEFINITIONS
A. For the purpose of this zoning ordinance, certain
words and terms are defined a3 follows: and as used or
referred to in other sections, chapters or article of
the Wheat Ridge Code of Laws, unless specifically
defined otherwise, the following words and terms are
defined as set forth hereunder:
1. ACCESSORY BUILDING. A subordinate building, or
portion of a main building the use of which is
incidental to that of the main building on the same
lot.
2. ACCESSORY USE: A subordinate llse, clearly
incidental and related to the principal structure,
building or llse of land, and located on the same lot as
that of the principal structure, building or use.
3. AUTOMOBILE STORAGE YARD: Any lot, plot parcel
of land or contiguous parcels of land used for the
purpose of storing damaged, wrecked, inoperable or
impounded automobiles. The aforesaid use shall not
include scrap metals, processing yards, automobile
dismantling yards or junk yards.
4. BED & BREAKFAST ROOMS: A subordinate use of a
single family dwelling which offers sleeping rooms for
over night transient 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 Section 27.N.).
5. BUILDING: A structure having a roof supported
by columns or walls.
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6. BUILDING CODE:
as adopted by the City
from time to time.
The Uniform Building Code (UBC),
of Wheat Ridge and as amended
7. BUILDING COVERAGE: The portion of percentage of
the total lot area which is covered by the main or
accessory buildings.
8. 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, ventilations,
transmission towers, solar heating and cooling devices,
or necessary mechanical appurtenances normally carried
above the roof line.
9. BUILDING, MAIN: The building(s) housing the
principle (primary and most important) use(s) permitted
for the lot upon which it is located., and provided,
that to be classified as one (l) main building, the
total structure shall have a continuous roof. and
eontinuous feufleation.
10. CHANGE OF USE: Any use which substantially
differs from the previous use of a building or land.
11. CHURCH: An establishment for the conduct of
religious activities, including accessory housing.
This term includes the terms, temple, seminary,
retreat, monastery and similar terms.
12. CLUB OR LODGE, PRIVATE: An association of
persons for the promotion of some nonprofit common
object, such as literature, science, politics or good
fellowship, meeting periodically limited to members
with not more than one-third of the 'gross floor area'
used for residential occupancy. Examples: Elks,
Masons, Kiwanis, etc.
13. COMMERCIAL USE: An activity, real or personal
property including vehicles, which is carried out or
used for monetary gain.
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14. CONDOMINIUM: A building or group of buildings,
in which units are owned individually, and the
structure, common areas and facilities are owned by all
of the owners on a proportional undivided basis.
15. CONGREGATE CARE HOME: A residential facility
established for the exclusive use of more than eight
(8) elderly persons, sixty years or older, where
intermediate nursing care mayor may not be available,
and where living and sleeping quarters are provided for
individuals or couples, however where kitchen
facilities are not provided. Meals are prepared by a
central kitchen and may be served in a central dining
room or taken in the living quarters. For the purpose
of meeting the residential density provisions of the
Wheat Ridge Home Charter, each three persons, based
upon maximum designed occupancy load, shall constitute
one family unit.
16. 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).
17. CUL-DE-SAC LOT: A parcel of land that is
designed to be occupied by a main building and
accessory buildings, which attaches to the turn circle
(bulb) of a dead-end street.
18. 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.)
19. DAY CARE CENTER:
state of Colorado, which
or without compensation.
A facility licensed by the
provides care of children with
20. 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.
21. 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.
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22. 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.
23. DWELLING, ONE FAMILY: A building designed for
occupancy by not more than one (1) family.
24. DWELLING, TWO FAMILY. A building designed for
occupancy by two (2) families living in separate
apartment8 dwelling units as tenants from month to
month or for a term longer than one (1) month.
25. DWELLING, MULTIPLE: A building or group of
buildings designed for occupancy by three (3) or more
families living in separate apartmonts dwelling units
as tenants from month to month or for a term longer
than one (1) month.
26. DWELLING UNIT: A building or any portion of a
building designed for occupancy as complete,
independent living quarters for one or more persons,
having direct access from the outside of the building
or through a common hall and having living, sleeping,
kitchen and sanitary facilities for the exclusive use
of the occupants.
27. EASEMENT: A grant by a property owner for use
of land for designated purposes by another PERSON or
agency, public or private.
28. 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 2l 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.
29. FAMILY FOSTER HOME: A family foster home is a
residential facility which provides twenty-four hour
care for up to four children not related to the
caretaker. The ages of such children may not exceed
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eighteen (18) years old; provided, however, that those
in the custody or
Social Services shall
definition until age
children placed in a home or
jurisdiction of the Department of
be considered a child under this
twenty-one (21) years old.
30. FARMING: The cuI ti vation of
ranching for raising of livestock
otherwise herein specifically provided.
land, including
only, unless
31. FREEWAY: A state highHay designated, in the
manner provided by law, as a freeway.
32. GARAGE, PRIVATE: An accessory building or an
accessory portion of a main building, designed for the
shelter or storage of motor vehicles owned or operated
by the occupants of the main building only.
33. GARAGE, PUBLIC: A garage, other than a private
garage, used for the housing or care of motor vehicles,
or where such vehicles are equipped for operation,
repaired or kept for remuneration, hire or sale.
34. HEAVY EQUIPMENT: Motorized or non-motorized
construction equipment of six thousand (6000) pounds or
more empty weight.
35. HIGHWAY, STATE: A road designated, in the
manner provided by law as a state highway or a right-
of-way or parcel of real property owned by the state,
or a governmental subdivision thereof, as a part of
projected road to be constructed and designated as a
state highway in the future.
36. 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 activi-
ties 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.)
37. HOSPITAL: An insti tution providing health
services for patients suffering from illness, disease,
injury, deformation and other abnormal physical or
mental conditions, including as an integral part of the
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institution, such related facilities as in-patient and
out-patient care, laboratories, training facilities,
central service facilities and staff offices.
38. HOTEL/MOTEL: A building containing sixteen
(16) or more transient guest rooms in which lodging for
compensation is provided, with or without meals.
39. HOUSEHOLD PETS: Animals or fowl ordinarily
permitted in the house and kept for company or
pleasure, such as dogs, cats and canaries, but not
including a sufficient number of dogs to constitute a
kennel, as defined in this section.
40. INSPECTOR: The chief building inspector of the
City of Wheat Ridge, his deputies and authorized
representatives.
41. JUNK: Scrap brass, scrap copper, scrap iron,
scrap lead, scrap tin, scrap zinc and all other scrap
metals and their alloys, and bones, rags, used cloth,
used rope, used rubber, used tinfoil, used bottles, old
or used machinery of any type, used tools, used
appliances, used fixtures, used utensils, used lumber,
used boxes or crates (fabricated of any material), used
pipe or pipe fittings, used conduit or conduit
fittings, used automobiles in non-operative condition,
used tires and other manufactured goods that are so
worn, deteriorated or obsolete as to make them unusable
in their existing condition.
42. JUNK/INOPERABLE VEHICLES: A motor vehicle,
recreation vehicle, boat, trailer, or mobile home not
legally operable, or occupiable in the case of a mobile
home, due to a lack of legal requirements, such as a
current safety inspection sticker, license plates, or
registration, or not capable of being operated due to
mechanical deficiencies, or partial dismantled
condi tion, or not capable of being occupied due to
Building Code violations or deficiencies.
43. JUNK YARD: An open area, which mayor may not
be fully or partially enclosed by a fence or wall,
where any waste, junk, used or second hand materials
are bought, sold, exchanged, stored, baled, packed,
disassembled or handled, including but not limited to
scrap iron and other metals, paper, rags, ruhber tires
and bottles. A "junk yard" also includes em auto
wrecking yard or the storage or keeping of OlIC' (1) or
more inoperative motor vehicles (except where oUlerwise
specifically permitted), but does not include such uses
established entirely within enclosed buildings. A
legally existing "auto storage yard" as defined herein
shall not be considered a "junk yard".
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44. KENNEL: Any building, structure or open space
devoted in its entirety or in part, to the raising,
boarding or harboring of four (4) or more adult dogs
and for five (5) or more cats.
45. LABORATORY: A building or a portion of a
building devoted to the basic or applied study in
science, or the testing and analysis of chemicals,
drugs, explosives, minerals, etc.
46. LABORATORY, MEDICAL OR DENTAL: A building or
portion of a building devoted to the use of providing
bacteriological, biological, medical, x-ray,
pathological and similar analytical or diagnostic
services to doctors or dentists and where no
fabrication is conducted on the premises, except the
custom fabrication of dentures.
47. LANDSCAPE NURSERY: Any land used to raise
trees, shrubs, flowers and other plants for sale or for
transplanting.
48. LANDSCAPING: A combination of living plants
such as trees, shrubs, vines, ground cover, flowers,
sod or grass; and may include natural features such as
rock, stone and bark' and structural features,
including, but not limited to, fountains, reflecting
pools, art works, screen walls, fences and benches.
Uncontrolled weeds shall not be considered as
landscaping, however maintained natural grasses and
natural flowers may be considered as landscaping.
Sidewalks, whether paved or gravel, which serve as
functional links between parking areas and main
structures, or which serve as general public access
routes around a main structure, or between a main
structure and a public street or alley, shall not be
counted as landscaping. Other sidewalks or paths which
serve as casual access to, or through landscape areas
may be counted as non-living landscape feature.
49. LIVESTOCK: Domestic animals
customarily raised or kept on farms or
profit or other productive purposes.
of types
ranches for
50. LOT: A parcel of land occupied or designed to
be occupied by a main building and the accessory
buildings or uses customarily incidental to such main
building including the open spaces required by this
ordinance and such open spaces as are arranged and
designed to be used in connection with such buildings.
A lot mayor may not be the land shown as a lot on a
duly recorded plat.
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51. LOT, CORNER:
adjacent sides abut
street.
A lot of which at least two (2)
for their full length upon a
52. LOT COVERAGE: The percentage of
parcel that is covered by main buildings,
structures and/or paving.
a lot or
accessory
53. 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.
54. LOT, INTERIOR: A lot other than a corner lot.
55. LOT, IRREGULAR: A lot where there is no
discernible 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 adj acent properties.
(See Figure 28.2).
56. LOT, THROUGH: An interior lot abutting on more
than one (1) street or corner lot abutting on more than
two (2) streets.
57. 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
adj acent street toward which the principal 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 nearest
street from which access is obtained. (See Figure
28.2. )
58. LOT LINE, REAR: That boundary line of a lot
which is most nearly opposite the front lot line of
such lot, other than a through lot.
59. LOT LINE, SIDE: Any boundary line of a lot,
other than a front lot line or rear lot line.
60. MACHINE SHOP, COMMERCIAL: A building
containing equipment and machinery for the repair
and/or modification of small engines and motors,
automobile engines and parts, where there is no outside
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storage or work being done, and where the total floor
area of a building used as a commercial machine shop
does not exceed five thousand (5000) square feet.
61. MACHINE SHOP, INDUSTRIAL: A building
containing equipment and machinery for the repair
and/or modification of large engines (such as heavy
equipment or truck tractor engines) and large electric
motors, metal goods fabrication, welding and grinding,
tool making, and similar industrial operations.
62. MANUFACTURE, BASIC:
operations which transform
state to a form suitable for
The first operation or
a material from its raw
fabrication processing.
63. MANUFACTURED HOME: A single-family dwelling
which is partially or entirely manufactured in a
factory, is not less than twenty- four feet (24') in
width and thirty-six feet (36') in length, is installed
on an engineered permanent foundation, has brick, wood
or cosmetically equivalent exterior siding and a
pitched roof, and is certified pursuant to the National
Manufactured Housing Construction and Safety standards
Act of 1974, 42 USC 5401, et. seq., as amended, and is
built for the Colorado climate and snow loads according
to the Department of Housing and Urban Development
standards established under the provisions of 42 USC
5401, et. seq.
64. MINI-WAREHOUSE: A structure or structures
which are divided into multiple small storage units
wi th at-grade loading and where each unit does not
exceed five hundred (500) square feet, and where each
uni t is rented or may be sold as condominium storage
space.
65. MOBILE HOME: A moveable residential dwelling
unit designed to be transportable after fabrication on
its own wheels, attached wheels, or low boy, suitable
for year round occupancy and containing a flush toilet,
sleeping accommodation, a tub or shower bath, kitchen
facilities, plumbing and electrical connections
provided for attachment to appropriate external
systems. Pre-sectionalized, modular or prefab housing
not placed on a permanent foundation which does not
meet the definition of a "Manufactured Home" as defined
herein and which does not otherwise meet the city's
building code shall be regarded as a mobile home
whother or not 8uch unit3 meet the city's building and
hou8ing codes. A mobile home as above defined in the
preceding paragraph which meets the city's building
code and which is placed on a permanent foundation ~
not controlled by the Hobile Home Recreational Coach
District, but is controlled by other applicable
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ordinances the same as dwelling units constructed in
the conventional manner.
66. (Reserved)
67. MOBILE HOME LOT: A plot of ground- within a
mobile home park designed for the accommodation of one
(1) mobile home.
68. MOBILE HOME PARK. A parcel of land which has
been planned and improved for the placement of mobile
homes for residential use. Hal be de8ignated together
with recroational conch park a3 "Park".
69. MOBILE HOME RECREATIONAL COACH PARK PERMIT.
A written permit issued by the building inspector
permi tting the construction, 01 teration and exten8ion
of a mobile home porl! under the provi3ion8 of thi3
ordinance and regulations issued hereunder.
70. MOBILE HmfE RECREATIONAL COACH PARK LICENSE.
A written licenso iS3ued bj the City Clerk and approved
by the Chief Duilding in8pector allowing a per80n to
operate and maintain a mobile home park or recreational
coach parI! under the provi3ions of thi8 ordinance ond
rogulations i3sued hereunder.
71. MOBILE HOME/RECREATION VEHICLE PARK SERVICE
BUILDING: A substantial permanent building providing
toilet facilities for men and women, laundry
facilities, and/or other facilities for use in common
by the occupants of mobile home and/or recreational
coach parks.
72. MOBILE HOME STAND. That part of an individual
lot which has been reserved for the placement of the
mobile home appurtenant structure or addition.
73. MOTOR FUELING STATION: A retail establishment,
also referred to as a gas or service station at which
vehicles are serviced, especially with fuel, oil, air
and water; and where ancillary minor repair,
maintenance or replacement of electrical or mechanical
devices may be obtained. This service shall not
include tire recapping, body painting or repair.
74. MUSEUM: A nonprofit, noncommercial
establishment operated as a repository for a collection
of nature, scientific or literary curiosities or
objects of interest or works of art, not including the
regular sale or distribution of the objects collected.
75. NURSING HOME: A State licensed health care
facility which provides essential care on a 24 hour
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basis by medical professionals to provide short term
convalescent or rehabilitative care or long term care
to individuals who by reason of advanced age, chronic
illness or infirmity are unable to care for themselves.
76. OUTDOOR FLEA MARKET: Any outdoor area which is
characterized by the temporary or permanent occupancy
by several individuals, groups, and/or families for the
sale or barter of secondhand or hand-crafted articles.
Occupancy for this purpose is typically, but not
necessarily limited to weekends. For purpose of this
Title, the terms "swap shop" and "swap meet" are deemed
synonymous with the term "outdoor flea market".
Outdoor Flea Markets are not permitted in any zone
district in the City of Wheat Ridge. This definition
does not include legally licensed garage sales.
77. PERSON: Any individual, firm, trust,
partnership, public or private association or
corporation.
78. PORCH - UNENCLOSED: A porch which is open to
the atmosphere on at least two (2) sides.
79. PREMISES: A general term meaning part or all
of any lot or part or all of any building or structure
or group of buildings or structures located thereon.
80. PUBLIC BUILDING/USE: Any building or land
held, used, or controlled exclusively for public
purposes by any department or branch of government,
state, county, or municipality, without reference to
the ownership of the building or of the realty upon
which it is situated.
81. PUBLIC FACILITY: Any facility, improvement or
service, which is essential to the general public, such
as, but not limited to, public utilities, energy,
drainage or similar services, which is provided by the
City of Wheat Ridge, Special District or a Public
Utility.
82. RECREATIONAL FACILITY/COMMERCIAL: A recreation
facility operated as a business and open to the public
for a fee.
83. RECREATIONAL FACILITY/PUBLIC: A recreation
facility operated by a governmental agency and open to
the public.
84. RECREATIONAL VEHICLE: A vehicle such as a
recreational trailer, tent camper trailer, truck
camper, travel trailer, motor home or other vehicle
with or without motive power, designed and/or
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constructed to travel on the public thoroughfare,
designed for use of human habitation.
85. RECREATIONAL VEHICLE PARK: Any area or tract
of land or a separa~csignatcd s~en within a
mob~le-home park- where lots are rented or held out for
rent to one or more owners or users or recreational
vehicles for a temporary time not to exceed three (3)
months.
86. RECREATIONAL VEHICLE SPACE: A plot of ground
within a meb~e-heme recreational vehicle park
designated and intended for the accommodation of one
(1) recreational eeaeh vehicle.
87. RESIDENTIAL GROUP HOMES:
a. 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 l8 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 Institutions,
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 required 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.)
d. Group Home for Mentally III Persons. This is a
residential facility for mentally ill persons, as fined
by Colorado Revised Statutes, Section 27-10-102,
licensed by the State for the purpose of providing
twenty-four hours staff care, shelter, supervision,
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training and/or rehabilitation to mentally ill persons
and additional required staff. (See Section 27.P.)
88. RESIDENTIAL HEALTH CARE FACILITY: A
residential facility intended for the care of the
infirm or aged where medical attention is provided as a
continual benefit.
89. REST HOME/HOME FOR THE AGED: An establishment,
licensed by the State of Colorado, operated for the
purpose of providing domiciliary care for a group of
persons who are unable to provide such care for
themselves and who are not in need of medical or
nursing treatment except in the case of temporary
illness.
90. 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 indirectly, and
on a contract basis of not less than seven (7) days.
91. ROOMING AND BOARDING HOUSE: A building
containing a single dwelling unit and three to fifteen
guest rooms where lodging is provided, with or without
meals, for compensation. Compensation may include
money, services, or other things of value.
92. SANITARY LANDFILL: Any property used for
permanent disposal by abandonment, discarding, dumping,
reduction, burial, incineration, or any other means and
for whatever purpose, of garbage, trash, refuse, waste
material of any kind, junk, discarded machinery,
vehicles or parts thereof. The deposition of earth
materials such as soil, rock, sand, broken asphalt or
concrete, and similar clean fill materials, is not
considered under this definition, however is regulated
under Section 24 of this Zoning Ordinance. A sanitary
landfill is not a use allowed within the City.
93. SCHOOL/PUBLIC, PRIVATE, AND PAROCHIAL: Any
public, parochial or private school for any grades
between kindergarten and twelfth that is either
accredited by the Colorado Department of Education or
recognized by and in good standing with the Colorado
Department of Education for purposes of compulsory
education requirements. This term shall not include
"trade or business schools" or "day camps".
94. SETBACK LINE, FRONT. A line parallel with a
front lot line of a lot, tangent to that part of a
building situated on such lot (other than an open fire
escape or stairway, a chimney or a one-story unenclosed
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porch) which is closest to such lot line and
intersecting two (2) other lot lines of such lot.
95. SETBACK LINE, FRONT CUL-DE-SAC. A line
concentrically parallel to the right-of-way line of the
street on the cul-de-sac (bulb) and a line parallel to
and a minimum as required from the right-of-way line of
the remainder of the cul-de-sac. On cul-de-sac lots,
the Board of Adjustment may not issue a variance on the
land between the cul-de-sac front setback line and the
cul-de-sac right-of-way line depicted.
96. SETBACK LINE, REAR. A line parallel with a
rear lot line of a lot, tangent to that part of a
building situated on such lot which is closest to such
side lot line and intersecting two (2) other lot lines
of such lot.
97. SETBACK LINE, SIDE. A line parallel with a
side lot line of a lot, tangent to that part of a
building situated on such lot which is closest to such
side lot line and intersecting two (2) other lot lines
of such lot.
98. Sight Distance Triangle:
The corner area within a corner lot that is adjacent to
both right-of-way frontages, or the area where a
driveway intersects a street, where it is required that
obstruction to view be minimized. No fence, divisional
wall, hedge or other obstruction to view in excess of
42 inches high, except for permitted landscaping,
signs, or public utility poles shall be, established or
maintained on a corner lot, within a triangular area
bounded by the lot lines and a line connecting points
on each lot line either twenty five (25) feet from the
intersection of such lot lines for local streets, or
fifty five (55) feet from the intersection of such lot
lines for collector or arterial streets. The same
shall apply to the intersection of driveways and public
street, except that the sight distance triangle may be
reduced to fifteen (15) feet. One and two family
dwellings shall be exempt from application of the
fifteen (15) foot driveway sight distance triangle
requirement. (See Figure 27.l.1.)
99. 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 surface 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
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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.)
100. STREET. A dedicated public thoroughfare for
vehicular traffic in accordance with the requirements
as set forth in the Subdivision Regulations of the City
of Wheat Ridge.
101. STRUCTURE. Anything constructed or erected,
the use of which requires a more or less permanent
location on the ground; but not including earthworks,
ditches, canals, dams, reservoirs, pipelines, telephone
or telegraph or electric power lines or poles, walks,
driveways or curbs.
102. STRUCTURAL ALTERATIONS. Any change in the
supporting members of a building such as bearing walls,
columns, beams or girders, floor joists or roof joists.
103. Studio: A building or portion of a building
used as a place of work by an artist, photographer, or
artisan, or used for radio or television broadcasting.
l04. SWIMMING POOL. A tank of water either above
or below grade level in which the depth of water
exceeds two (2) feet in depth and which the express
purpose of the tank is for swimming. Swimming pools
shall not include wading pools under two foot in depth,
fish ponds, hot tubs, or other similar items.
105. TAVERN. Any establishment selling by the drink,
fermented malt beverages, malt, vinous or spirituous
liquors, as defined by Sections l2-46-l0l and 12-46-102
of the 1973 Colorado Revised statutes.
106. THEATER: A building or part of a building
devoted to showing motion pictures, or for dramatic,
musical, operatic or live performances for admission to
which money is received and no audience participation
or meal service is allowed.
107. VEHICLE TRAVEL LANE. All roads, driveways, and
parking areas within a mobile home and/or recreational
coach vehicle park.
108. VETERINARY HOSPITAL. A place where animals or
pets of all types are given medical or surgical
treatment. Use as a kennel shall be limited to short-
time boarding and shall only be incidental to such
hospital use and need not be enclosed within the main
building.
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109. VETERINARY HOSPITAL (SMALL ANIMAL, ENCLOSED) A
place where small animals or pets (dogs, cats, birds
and the like) are given medical or surgical treatment.
Use as a kennel shall be limited to short-time boarding
and shall be only incidental to such hospital use. All
uses shall be enclosed within a soundproof building
which emits no objectionable odor.
110. Warehouse: A building or part of a building,
the primary use of which is the deposit and safekeeping
of goods, wares and merchandise, which in the regular
course of commercial dealing and trade are to be again
removed or reshipped.
Ill. WIDTH OF LOT. The shortest distance between
any two (2) lot lines of a lot which are intersected by
the same minimum front setback line, measured from
either of such points of intersection.
112. Wholesale: A sale by a wholesaler to retail
merchants, jobbers, dealers, or other wholesaler for
resale. The term does not include a sale by a
wholesaler to users or consumers not for resale.
l13. YARD. An open space on the same lot with a
building, unoccupied and unobstructed from the ground
upward except as otherwise provided herein.
114.
between
setback
YARD, FRONT. That portion of a lot lying
a public street and nearest parallel front
line of such lot.
115. YARD, REAR. That portion of a lot lying
between the rear lot line and the rear setback line of
such lot.
116.
between
setback
YARD, SIDE. That portion of a lot lying
a side lot line and the nearest parallel side
line of such lot.
117. ZONING ADMINISTRATOR. The Planning and
Development Director or a duly appointed designee.
118. ZONING CODE: The Zoning Code of the City of
Wheat Ridge; also may be referred to as "this code" or
"this ordinance", "Ordinance 98", "Appendix A." or
"Chapter 26. Article I.".
B. Words used in the present tense include the future;
words in the singular number include the plural, and
words in the plural number include the singular; the
word "building" includes the word
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"structure" and the word "shall" is mandatory and not
directory.
C. Any word or term used in this Appendix A. Zoning
Ordinance not specifically defined above, shall be
interpreted as that word is defined elsewhere in the
Wheat Ridge Code of Laws, or if not defined elsewhere
in the Code of Laws, as defined in Colorado Revised
Statutes, or if not defined in the Statutes, as defined
in Webster's Dictionary.
D. FIGURES: The attached figures are supplemental to
the above definitions.
Computing Average Grade
Third Story
with
Vaulted
."4ll'.W
'4J~- ,-''',',
..U9- -', I .
..428...5]..
l4Z1.- '.' ',"
429
411
411
429
umu.410.Average Grade
J'i-,:w-.e ta.l. BuilJing height, :...tory, & ~~[\tuc.
.....d:~;
A verage Grade........ ........ .......~~~,~.~~~.~~'~u...n.
Actual Grade I :-:
;",.- .." . .:~
... 0"" .-.-..,'..... "'_.. ~.~.,
figure 28.2. lPt Configura.tions
,ID. WT 1,.'"
{]
o
''''''1.01'1,1'''
..-....
O,'UoOLO?
o
o
'101I1' WTLlII'
V
~
Figure 28.3. Front setbacks for structures on lots or
portions of lots which abut cUl-de-sacs, may be reduced
to 10 feet for those portions of lots which abut a cul-
de-sac bulb.
-l8-
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Section 2. 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 3. Severabilit~ 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 4. Suoersession Clause. If any provision, requirement or
standard established by this Ordinance is found to conflict with
similar provisions, requirements or standards found elsewhere 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 5. This ordinance shall take effect
final publication.
15
days after
INTRODUCED, READ, AND ADOPTED on first ready by a vote of 8 to
~ on this ~hday of February , 1990, 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 February 26 ,l990, 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 8 to 0 ,this 26th day of February
1990.
SIGNED by the Mayor on this 27th day of
February
, 1990.
ATTEST:
~~
DAN WILDE, MAYOR
. 'I ,,' ,_.1, ", ,( , "
Wanda Sang, City Cler~
APPROVED AS
~o;F6~ B; ~TY ATTORNEY
< / ~ ---:=...
JOHN HAYES/ TY ATTORNEY
1st Publication: February 15, 1990 /
2nd Publication: March 1, 1990
Wheat Ridge Sentinel
Effective Date: March 16, 1990
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