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HomeMy WebLinkAboutOrdinance-1990-0822 INTRODUCED BY COUNCILMEMBER Davis ORDINANCE NO. 822 Series of 1990 TITLE: AN ORDINANCE AMENDING SECTIONS 1, 2 AND 3 AND REPEALING SECTIONS 23.1, 27.3, 30., AND 30.l, 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 City of Wheat Ridge, Sections 1, 2 and 3 are hereby amended as follows: SEC.1. ESTABLISHMENT OF DISTRICTS AND PROVISIONS FOR OFFICIAL ZONING MAP. The city is hereby divided into zones or districts as shown on the official zoning map which together with all explanatory matter thereon is hereby adopted by reference and declared to be a part of this ordinance. A. Procedure for change. If, in accordance with the provisions of this ordinance per Section 26.C. hereof, and-ehapter 39, Article 60 of the Colorado Re~ised &~ changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be entered on the official zoning map promptly after the amendment has been approved by city council. No amendment to this ordinance, which involves matter portrayed on the official zoning map, shall become effective until after such change entry shall be made on said map. B. Prohibition of unauthorized change. No changes of any nature shall be made in the official zoning map or any matter shown thereon except in conformity with the procedures set forth in this ordinance. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this ordinance and shall be punishable as provided under section of this ordinance Chapter 26. Article V. of the Wheat Ridge Code of Laws. C. Location of official map. Regardless of the existence of purported copies of the official map which may from time to time be made or published, the official zoning map shall be located in the office of the city clerk, the City of Wheat Ridge, Colorado, and shall be the final authority as to current zoning - 2 - status of all land and water areas in the City of Wheat Ridge. D. Procedure for Replacing Official Zoning Map. In the event that the official map becomes damaged, destroyed, lost or difficult to interpret because of the nature of number of changes and additions, the City Council may by resolution ordinance, adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Map, but no such correction shall have the effect of amending the original Official Zoning Map or any subsequent amendment thereof. E. Retention of Prior Official Zoning Maps. Unless the prior Official Zoning Map has been lost or has been totally destroyed, the prior mayor any sufficient parts thereof remaining shall be preserved together with all available records pertaining to its adoption or amendment by the City Clerk. F. Procedures for Correcting Errors Contained on the Official Zoning Map or Within Rezoning Ordinances or Resolutions. 1. Administrative Correction a) Within one (1) year of the effective date of any rezoning ordinance on any particular parcel, the Department of Community Development may admini3tratively correct errors on the Official Zoning Hop, with the consent of the City Clerk and the City Clerk may correct error3 in the zoning Ordinance dealing specifically with the parcel under con8ideration in 3aid rezoning ordinance. Ifr The case of a map correction, a note shall be added uflder -~ "Re.v"i3ions" box of said map indicating that aR "administrati~e correction" has been made, citing the 10cation3 and nature of correction. In the case of a rezoning ordinance correction, the original ordinance shall be corrected and re published along with an explanation of the correction. All property owners affected and those adjacent to it shall be notified by registered letter. A ca3e file 3hall be created with a case number assigned for each correction, with information contained in the file which gi~e3 the location and nature of the correction. Where a verifiable error is discovered in the zone classification of any particular parcel as displayed on the official zoning map, or as represented in a rezoning ordinance or resolution adopted by Wheat Ridge City Council after May 2, 1972 (the effective date of Wheat Ridge Ordinance 98), the Director of Planning and - 3 - Development shall notify the current property owner by registered mail of the error and shall inform said owner of the intent to correct such error based upon the record of the last rezoning action. The Director shall also notify City Council of such proposed correction by memorandum including documentation which supports the corrective action. If, within thirty (30) days of said notice, the owner fails to submit a written protest to such correction, and if City Council does not pass a motion to initiate a rezoning action, the Director is specifically authorized to cause such error(s) to be corrected and shall publish a legal notice of such correction. However, if the owner does file a written protest, or if City Council so directs, a rezoning action shall be initiated. Such rezoning action shall be subject to the provisions of Section 26.C., except that no fee shall be assessed. b) At any time, minor corrections to the official zoning Map, which do not affect the zoning of any parcel, may be made with the approval of the Planning and Community Development Director and with a note added under the "Revisions" box on said map indicating that an "administrative correction" has been made, a case file shall be created with a case number assigned for each correction, with information contained in the file which gives the location and nature of the correction. Minor Corrections under this provision F.1.b) are limited to the following: 1) Subdivisions - Corrections to name of subdivisions, locations of lot lines and boundary lines, location and names of streets and alleys and railroads. 2) Base Map - Corrections to water course locations or names, location or names of lakes, names or locations of street or railroads. 3) Zoning Information - Corrections to names of planned developments, case numbers, and closure of zone districts in accordance with the most recent record of zoning action where there is no zoning line separation between two different zone districts. 2. City Initiated zoning Discrepancy. Where an error in the zoning classification of any particular parcel, as di8played on the Official Zoning Hup or as represented in a rezoning ordiftance or resolution, is discovered by any official of the City of Wheat Ridge any time ufter one (l) year following the effective date of the last rezoning ordinanco or resolution affecting any particular parcel, the Hayor .- _ 4 - ~ - 5 - 2. Property Owner Initiated Rezoning Based on Rezonings of Record which Occurred Prior to Ordinance No. 98 May 2, 1972. Nothing in this subsection F. shall be construed to preclude any property owner from seeking a change of zone based upon a resolution from the Board of County Commissioners of Jefferson County, or resolution or ordinance of the City of Wheat Ridge predating Ordinance 98, adopted on May 2, 1972, which zon~ed, or purported to zone, the property in question in a manner different from that shown on the City's Official Zoning Map. 3. Return of Fees for Zoning Discrepancy Cases. The normal zoning application fee of Cl~O currently in effect shall be required for property owner initiated zoning discrepancy cases as described in ~ above, however should City Council approve the applicant's request, the application fee shall be refunded. SECTION 2. RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES. Where uncertainty exists as to the boundaries of districts as shown on the Official Map, the following rules shall apply: A. Boundaries indicated as approximately following the centerline of streets, highways or alleys, shall be construed to follow such centerlines. B. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines. C. Boundaries indicated as approximately following City limits shall be construed as following City limits. D. Boundaries indicated as approximately following railroad lines shall be construed to be midway between the main tracks. E. Boundaries indicated as approximately following shorelines shall be construed to follow such shorelines. Boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such centerlines. In the event of a natural - 6 - change in the shoreline or centerline, the district boundary shall be construed as moving with the actual shoreline or centerline. In the event of a change directly or indirectly the result of human actions the district boundary shall not be construed as following the new shoreline or centerline. F. Boundaries indicated as parallel to or extensions of features indicated in subsections A through E shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the legal description as contained in a rezoning ordinance or resolution adopted by Wheat Ridge City Council, or if the zoning pre-dates the adoption of Ordinance 98, adopted on May 2, 1972, shall be determined by measurement of the Official Zoning Map currently in effect. the Jefferson County Zoning Resolution on Hay 6, 1946 and all amendments thereto. In no instance sfiall districts be construed to be a greater or lesser distance than those amendments to the zoning map as ~ecorded in the proceedings of the commissioners of the County of Jefferson and the City Council of the City of Wheat Ridgo unless redistricting has occurred on the zoning map at which time this shall not apply and the Board of Adjustment shall interpret the district boundaries. G. Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by subsections A through F above, the Board of Adjustment shall interpret the district boundaries in accordance with procedures set forth in Section 26.D., hereof. H. Where a district boundary line divides a lot which was in single ownership at the time of passage of this ordinance, the Board of Adjustment may permit as a s~l exception the extension of the regulations for ~er portion of the lot, not to exceed fifty (50) feet beyond the district lino into thc remaining portion of the lot. on May 2, 1972, and single ownership has remained uninterrupted, the entire lot may be developed and used subject to the provisions of the lower zone classification (e.g. R-2 is lower than R-3A, RC-1 is lower than C-1). Notwithstanding the above however, if the zone class wQich occupies a greater proportion of the lot, based upon square footage, is a higher zone classification, then the area occupied by the higher zone class may be used to support a use allowed by that zone class, but the lower zone class shall not, except for landscaping or open space buffer, be used to support the higher zone use. In all other instances, normal rezoning procedures apply. (See Section 26.C.) - 7 - I. Boundaries indicated as approximately following section lines or subdivision lines of section (i.e. quarter-section lines), shall be construed to follow such land lines. SECTION 3. ZONING DISTRICTS. In order to regulate the location, height, bulk and size of buildings and other structures, the percentage of lot which may be occupied, the size of lots, courts and other open spaces, the density and distribution of population, the location and uses of land, building and structures for trade, industry, residence, recreation, public activities or other purposes, the City of Wheat Ridge is hereby divided into the following districts: Residential-One (R-1) Residential-One A (R-1A) Residential-One B (R-lB) Residential-One C (R-1C) Residential-Two (R-2) Residential-Two A (R-2A) Residential-Three (R-3) Residential-Three A (R-3A) I'lanned Residential Dc~elopment (PRD) Hobile Home Recreational Coach Park (tU' 1) Agricultural-One (A-I) Agricultural Two (A 2) Restricted Commercial-One (RC-l) Restricted Commercial (R-C) Commercial-One (C-l) Commercial-Two (C-2) Planned Commercial Development (PCD) (PRD, pcn, P1D, PHD, PRVP, PMHP) Planned Industrial District (I'ID) Hospital One (II l) H03pital Two (II 2 rublic Buildings and Facilities District (PF l) Light Industrial (I) Section 2. Appendix A. Zoning Ordinance of the City of Wheat Ridge is hereby amended as follows: Existing Section 29. Changes and Amendments, shall be moved to Section 26. Legislative and Administrative Process and Procedures, and incorporated as a new subsection C.8. Resubmission of Previously Denied Applications. Section 3. The following sections of Appendix A. Zoning Ordinance of the City of Wheat Ridge are hereby repealed: Sections 23.1 Public Buildings and Facilities District, 27.3 Building and Zoning Moratorium, 30. Rezoning Applications, and 30.1 Neighborhood Input Required. - 8 - Section 4. Any property zoned Planned Buildings and Facilities (PF-l) on the effective date of this Ordinance shall be subject to the rights and requirements of the Planned Buildings and Facilities (PF-1) district regulations which were in effect at the time of adoption of this ordinance, until such property is rezoned to another classification. Section 5. 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 6. 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 7. Supersession 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 istence as of the date of adoption of this Ordinance, the plovisions, requirements and standards herein shall supersede and prevail. Section 8. This ordinance shall take effect 15 final publication. days after INTRODUCED, READ, AND ~ on this ~tlday of in full in a newspaper Wheat Ridge and Public set for February 26 Council Chambers, 7500 ADOPTED on first ready by a vote of 8 to February , 1990, ordered published of general circulation in the City of Hearing and consideration on final passage , 1990, at 7:30 o'clock p.m., in the 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. ~~ DAN WILDE, MAYOR - 9 - ATTEST: I I I I ...l. /, 'I Wanda Sang, City Cl~tk 1st Publication: February 2nd Publication: March 1, Wheat Ridge Sentinel Effective Date: March 16, 1990 APPROVErY1\S / ' ,( BY CITY ATTORNEY