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HomeMy WebLinkAboutOrdinance-2003-1298 INTRODUCED BY COUNCIL MEMBER DiTullio Council Bill No. 26-2003 Ordinance No. 1298 Series of 2003 TITLE: AN ORDINANCE AMENDING SECTION 26-115 V ARIANCESIW AIVERSrrEMPORARY PERMITSIINTERPRET A TIONS OF THE WHEAT RIDGE CODE OF LAWS TO ADDRESS TEMPORARY NONOPERATIVE VEHICLE PERMITS WHEREAS, the City Council is coneemed about the physleal appearanee of the residential zone districts In the CIty of Wheat Ridge; and WHEREAS, Ordinance 1271 was approved by City Couneil on Deeember 9, 2002, limltmg the number of nonoperatiye vehicles stored outSIde on a residentially-zoned property to one; and WHEREAS, Ordinanee 1271 specifies that the Board of Adjustment may grant a temporary nonoperatiye vehIcle permIt to allow the outside storage of more than one such vehicle on a residentially-zoned property; and WHEREAS, the City of Wheat Ridge has adopted regulations pertammg to procedures for variances, waivers, temporary permits and mterpretations, and, WHEREAS, the existing Code of Laws does not recognize this new category of temporary permits, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Seetion 26-115 V ariances/W aivers/T emporary Permitsl InterpretatlOns of the Zonmg and Development Code IS hereby modified WIth addltlOn of the followmg language: Section D Temporary permit for uses, buildings and, signs and nonoperative vehicles 5. Temporary Nonoperative Vehicle Permits, a, The board of adjustment is empowered to hold public hearings to decide upon requests for temporary permits for nonoperative vehicles, b "Nonoperative" as applied to this ordmance shall be defined consistent with the defimtlOn provided in Section 15-4 of the Nuisance Code, c, The board may approve a temporary permit for no longer than one year per applieatlOn, provided that RO other Rew temporary Ronoperative vehicle permits have beeR Issued within the past year, Each and every vehicle proposed for restoration shall be considered a separate application. A single extensIOn for up to one year for each vehicle may be granted by the Board of Adjustment through a public hearmg process, Extension requests for each vehicle will require a separate application for each vehicle. No renewals beyond the one-year extension or Rew permits for the same property will be allowed, d, In addition to the application reqUirements listed in Section 26-115,8., the applicant shall provide the following additional information, I, VIN number for eaffi the yehicle being restored, 2, Anticipated time for restoration, 3 Site plan showing location of vehicle storage, type of parkmg surface, method of screening, e. When hearing and deCiding requests for temporary nonoperative yehicle permits, the board of adjustment shall base its decision in eonslderation of the following findings of fact. FINDINGS OF FACT: The proposed temporary nonoperatlve vehicle permit: I Will not alter the character of the locality; and 2 Will not contribute to blight In the neighborhood, and 3 Will be adequately screened from adjacent properties and public streets, and 4 Will not create environmental hazards (use of pamt, body work, weldmg, ground contammation) The board of adjustment may also take into consideration the history of compliance, or of zoning YlOlations by the applicant and any other factors relevant to the speCific applIeation, f. The Board of Adjustment may impose eondltlOns to ensure compliance with the criteria for review These eonditions may include, among others, length of permit, and limitations on seope of restoration (i e, type of work - no body work or painting), Violations of the conditions imposed shall be grounds for revocation of the temporary nonoperatIye vehicle permit. g, A any temporary nonoperative vehicle permit shall not be transferable or assignable to any other landowner, tenant, lessee or occupant. h, The approval of a temporary nonoperative vehicle permit shall not be construed to mean that restoratIOn of such vehicle is an allowed home occupation pursuant to Section 26-613 of the zoning and development code. Section 2. Safety Clause, The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general poliee power of the City of Wheat Ridge, that It IS promulgated for the health, safety, and welfare of the publie 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 rations relation to the proper legislative object sought to be attained, Section 3. Seyerability, If any clause, sentenee, 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 applIeation to other persons or circumstances, Section 4. Supersession Clause, If any provision, requirements or standard established by this ordinance IS found to conflict with similar proVisions, requIrements or standards found elsewhere III 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 here shall supersede and prevaiL Section 5. This ordinance shall take effect upon adoption, as permitted by the Charter INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to o in thiS 9th day of June ,2003, ordered published in full in a newspaper of general elrculation In the City of Wheat Ridge and Public Hearing and consideration on final passage set for TlllJi 14 ,2003, at 7'00 o'clock p,m" in the Council Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado, READ, ADOPTED AND ORDERED PUBLiSHED on second and final reading by a vote of -----L- to 1 , this 1 4 t h day of .T III y , 2003, SIGNED by the Mayor on this 16th day of ,2003, /~ \ .,,\ ATTES: . { ~~~ Wanda Sang, City Clerk 1 ST pubhcation, June 19, 2003 2nd pubhcation: July 24, 2003 Wheat Ridge Transeript EffectIve Date July 14, 2003 APPROVED AS TO FORM BY CITY ATTORNEY ~~ d1llC GERAL DAHL, CITY ATTORNEY