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HomeMy WebLinkAboutOrdinance-1996-1057 INTRODUCED BY COUNCILMEMBER Council Bill No 51 Ordinance No 1057 Serles of 1996 Fields TITLE: AN ORDINANCE AMENDING THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE ZONING CODE RELATING TO FENCES, WALLS AND OBSTRUCTIONS TO VIEW. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT' Section 1. Wheat Ridge Code of Laws, Article I, Chapter 26" Zoning Code Sectlon 26-30(1) .Fences, Walls and Obstructlons to View, is hereby amended as follows. (I) Fences. Walls. and Obstructions to View: Divisional fences and divlsional walls are permitted in any zone dlstrict wlth the issuance of a fence permit approved by the planning and development department in accordance with the following prOVlSlons: (1) Permitted fence, etc., heights. GENERALLY, nNo divlsional fence, wall or hedge above the height of forty-eight (48) inches shall be permitted withln a minimum required front yard, or above the helght of SlX f6i fee~ in instances not otherwise specifled DECORATIVE, OPEN-TYPE FENCES WHICH ARE AT LEAST EIGHTY (80) PERCENT OPEN, SUCH AS WROUGHT IRON FENCE, MAY BE PERMITTED UP TO SIX (6) FEET IN HEIGHT ABOVE THE ELEVATION OF THE STREET WITHIN MINIMUM FRONT YARDS. WOVEN WIRE AND CHAINLINK FENCES ARE PROHIBITED ABOVE FORTY-EIGHT (48) INCHES IN FRONT YARDS. (2) Sight distance triangle requirement: la' No divisional fence, wall, hedge or other obstruction to view in excess of forty-two (42) inches high, except for permitted landscaping, signs, public utility poles, and approved decorative, open-type fences not in excess of six (6) feet in height, shall be established or maintained on a corner lot within a triangular area bounded by the lot lines and a line Ordinance Noo 1057 Series of 1996 Page 2 connecting points on each lot line either twenty-five (25) feet from the intersection of such lot lines for local AND PRIVATE 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 streets, except that the sight distance triangle may be reduced to fifteen (15) feet" Street trees required by section 26-32 and signs allowed by Wheat Rldge Code of Laws, Article IV of this chapter, may be permitted within the regulated sight distance triangle; provided, that the area between thirty oix (JC) FORTY-TWO (42) inches and ninety oix (9C) EIGHTY-FOUR (84) inches high is maintained free and clear of obstruction; and further provided, that a sign pole does not exceed one (1) foot in diameter. One- and two-family dwellings shall be exempt from application of the fifteen-foot driveway sight distance triangle requirement, HOWEVER, PRIVATE DRIVES AND PRIVATE STREETS WHICH SERVE MORE THAN TWO DWELLINGS SHALL MEET THE LOCAL STREET REQUIREMENTS. (See Figure 26-31.10) (b) ~mortizo.tion of nonconformitico. Within 0. required oight diotanceo triangle any lego.l nonconforming landocape plant materio.lo ohall conform to theoe regulo.tiono ~ithin three (J) yearo of the date of adoption of thio Ordinance" ~n) legal nonconforming fenceo, di"ioional ..allo or oigno oho.ll conform to theoe regulationo ~ithin fi~e (S) )caro. For morc opccific requircmento rego.rding nonconforming oituationo, Dee oection 2C 7. (9) HEIGHT MEASUREMENT: (a) DIVISIONAL FENCES, WALLS, HEDGES, AND OTHER DIVISIONAL STRUCTURES WHICH ARE PARALLEL OR ARE ADJACENT TO PUBLIC STREETS SHALL BE MEASURED AS PROVIDED BY SECTION 26-31(C) (7) SIGHT DISTANCE TRIANGLE REQUIREMENTS. Ordinance No. lQ2l Series of 1996 Page 3 (b) ALL OTHER PROVISIONAL FENCES, WALLS, HEDGES, AND OTHER DIVISIONAL STRUCTURES OR OBSTRUCTIONS SHALL BE MEASURED FROM FINISH GRADE, FIVE (5) FEET INSIDE OF THE PROPERTY TO WHICH IT BELONGS. 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. 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. 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 15 final publication. days after INTRODUCED, READ, AND ADOPTED on first reading by a vote of -2- to ---.lL on this ~h day of November , 1996, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideratlon on final passage set for November 25 , 1996, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND by a vote of 8 1996 . ORDERED PUBLISHED on second and final reading to 0 this 25th day of November Ordinance No. 1057 Series of 1996 Page 4 SIGNED by the Mayor on this ~ day of November , 1996. 7 )LdL,(J~ Wanda Sang, City C~rk ~~ DAN WILDE, MAYOR lst Publication: November 15, 1996 2nd Publication: December 6, 1996 Wheat Ridge Transcript Effective Date: December 21,1996 c:\wp60\ord\FENCES.ord