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HomeMy WebLinkAboutOrdinance-2003-1284 INTRODUCED BY COUNCIL MEMBER Schneider Council Bill No. 10-1003 Ordinance No. 1284 Series of 2003 TITLE: AN ORDINANCE AMENDING SECTION 26-614 TRASH STORAGE AREA SCREENING OF THE WHEAT RIDGE CODE OF LAWS WHEREAS, the CIty of Wheat RIdge has adopted regulatIOns pertaining to the screening of outdoor trash storage areas, and, WHEREAS. the regulatIons are unclear and open to different interpretatIOns. and. WHEREAS, the City Wishes to clarify and SImplify the regulatIOns. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. SectIOn 26-123 DefimtlOns IS hereby modi tied WIth the followmg language Dumpster: A receptacle used for the collection of trash. Recycling collection dumpster: A receptacle located on commercial, public or quasi-public property used by the community for the deposit of materials to be recycled. The materials being recycled can include, but not be limited to, newspapers, aluminum, glass and plastic containers, laser and inkjet cartridges, copier cartridges and telephone books. Recycling collection dumpsters must be clearly labeled with the type of materials allowed for deposit, the company or organization name and contact telephone number. Section 26-614 IS hereby modIfied with the following language A. Trash storage for all existing and new multi-unit dwellings, mstitutlOnal bUIldings, all busmess and mdustnal bui1dmgs or uses and agnculturally-zoned propertIes shall be accommodated wlthm the structure. or if located outside 1 Shall be located or screened so as not to be Ylslble hom adJucent any publIc streets, and, 2. or from adjacent low density residential dwellings 'Nithin one h1:mdred (100) feet of the trash storage area, Shall be screened when located within one hundred (100) feet of any one- or two-family residential structure. If screened by a fence or wall, a fence permit and site plan shall be reqmred, and such screenmg shall be by a decorative wall or fence SIX (6) feet III height The enelosure or sereen wall or fenee shall be constructed of non flammable matenals, Dumpsters and the required screening shall not be located within five feet of combustible walls, openings, or combustible roof eave lines. The required screening shall be so as to protect protected from damage by normal removal and replacement of the dumpster by a trash truck. Mamtenance will be required If the enclosure screening IS damaged and/or dilapidated, or in need of repair, and the area around the enclosure screening shall be kept elean-free of junk and trash. B. In no mstance shall trash enclosures screening be permItted to encroach mto stgflt distanee triangles become a sight, traffic, or safety obstruction for dnyeways or street corners, No such enclosure screening shall displace reqmred parking spaces, or landscaping, unless reYlewed and approved by the Dlreetor of planning and deyelopment Community Development as an admimstratIVe vanance after considenng all reasonable alternatives, An administratIVe yananee, to the pnor sentence only. shall follow the proeedures set forth in sectIOn 26,115. but shall not be limited to the ten percent (l 0%) proviSIOns thereof C. One- and two,family residential structures in residentially zoned areas d'.vellings and aecessory uses, except for temporary construetion purposes and agriculturally zoned propertlCs, shall not Be are permitted to haye large trash dumpster no larger than one ( I ) cubic yard in size. or larger, as such dumpsters are of a size and type normally assoeiated with commercial uses Residential structures on agriculturally-zoned property shall be permitted to have trash dumpsters or storage containers larger than one (1) cubic yard in size. D Temporary construction dumpsters and temporary storage containers may be allowed in all zone districts at active construction projects only, and must be located on private property. If impractical to locate on private property, a right-of-way permit may be obtained from the Public Works Department pursuant to Article III of Chapter 21 of the Wheat Ridge Code of Laws. Temporary construction dumpsters and temporary storage containers shall not be located so as to create sight, traffic, or safety obstructions. Temporary construction dumpsters and temporary storage containers must be removed within fourteen (14) days of construction completion. E. Screening is not required for dumpsters that are used by the communit) exclusively for the purpose of recycling. Dumpsters used for this purpose must be clearly labeled as recycling dumpsters. Section 2. Safety Clause, The City of Wheat RIdge hereby finds, detennmes, and declares that this ordinance IS promulgated under the general poliee power ofthe 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 preservatlon of health and safety and for the protectIOn of public eonvemence and welfare, The City CouncIl further determInes that the ordmance bears a ratIOns relatIOn to the proper legislatIve object sought to be attained, Section 3. SeverabilIty If any clause, sentence, paragraph, or part of thIS Zomng code or the applIcatIOn thereof to any person or circumstances shall for any reason be adjusted by a court of competent Jurisdiction mvalId, such Judgment shall not affect applIcatIOn to other persons or elrcumstances, Section 4. SupersessIOn Clause, If any prOVISIOn, requirements or standard established by thiS Ordmance IS found to conflict WIth Similar proYlSlOnS, requirements or standards found elsewhere In the Code of Laws ofthe City of Wheat Ridge, whIch are In eXistence as of the date of adoptIOn ofthis Ordmance, the proYISIOnS, reqUIrements and standards here shall supersede and preVaIl. Section 5. ThiS ordInance shall take effect 15 days after final pub IIcatlOn, INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to o In thiS 10th day of March ,2003, ordered publIshed m full m a newspaper of general CIrculatIOn In the City of Wheat Ridge and PublIc Heanng and consideratIOn on final passage set for April 28 ,2003, at 7'00 o'cloek p,m" in the Council Chambers, 7500 West 29th Ayenue, Wheat Ridge, Colorado READ, ADOPTED AND ORDERED PUBLISHED on seeond and final reading by a yote of ~ to 0, thiS 28th day of Apri 1 ,2003 SIGNED by the Mayor on thiS 29th ATTEST, rJ 1st publication: 2nd publication: Wheat Ridge Transcript Effective Date: May 16, 200 erald APPROV March 13, 2003 May 1, 2003