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HomeMy WebLinkAboutOrdinance-1996-1046 INTRODUCED BY COUNCIL MEMBER Solano Council Bill No. 38 Ordinance No. 1046 Series of 1996 TITLE: AN ORDINANCE AMENDING THE CODE OF LAWS, ZONING CODE RELATING TO THE DEFINITION OF STORY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Wheat Ridge Code of Laws Article 1, Section 26-5 Definitions is hereby amended as follows: 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 underfloor space is more than six (6) feet above grade, as defined herein, for more than fifty (50) percent of the total perimeter or is more than twelve (12) feet above grade, as defined herein, at any point, such usable or unused underfloor space shall be considered as a story. (See Figure 26-5.1.) NOTWITHSTANDING THE ABOVE, WHERE THE TERM "STORY" IS USED IN THE VARIOUS ZONE DISTRICTS FOR THE PURPOSE OF DETERMINING SETBACK FROM PERIMETER LOT LINES FOR NON-RESIDENTIAL BUILDINGS, EACH TWELVE (12) FEET OF BUILDING HEIGHT SHALL BE CONSIDERED A STORY, AND FOR RESIDENTIAL BUILDINGS, EACH TEN (10) FEET OF BUILDING HEIGHT SHALL BE CONSIDERED A STORY. FOR THE PURPOSE OF DETERMINING SETBACK REQUIREMENTS BASED UPON THIS DEFINITION OF "STORY", BUILDING HEIGHT SHALL BE MEASURED FROM AVERAGE GRADE OF A BUILDING TO THE HIGHEST POINT OF THE BUILDING. Section 2. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 3. Safetv 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. Ordinance No. 1046 Series of 1996 Page 2 Section 4. 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 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 reading by a vote of 8 to 0 on this 12thday of August , 1996, 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 September 23 ,1996, at 7:30 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED by a vote of 1996 . AND ORDERED PUBLISHED on second and final reading 6 to 1 ,this 23rd day of September SIGNED by the Mayor on this 1st day of October , 1996. ,-' ,/ ~~ DAN WILDE, MAYOR Wanda Sang, City Clerk 1st Publication: August 16, 1996 2nd Publication: October 4, 1996 Wheat Ridge Transcript Effective Date: October 19, 1996 c:\wp60\ord\defstory.ord