HomeMy WebLinkAboutOrdinance-2003-1301
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER Mancinelli
Council Bill No, ?Q-?OOl
Ordinance No. 1301
Series of 2003
TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF LAWS OF THE
CITY OF WHEAT RIDGE CONCERNING ZONING TO PROVIDE FOR THE
LOCATION OF SUBSTANCE ABUSE CLINICS WITHIN CERTAIN
COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS,
WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a political
subdivision of the State of Colorado organized and existing as a home rule
municipality pursuant to Article XX of the Colorado Constitution and the home rule
charter for the City (the "Charter"); and
WHEREAS, pursuant to section 1,3 of the Charter, the City has all the power
of local self-government and home rule and all the power possible for a municipality
to have under the Constitution of the State of Colorado; and
WHEREAS, pursuant to this authority, the City previously adopted a
comprehensive zoning code, codified as Chapter 26 of the Code of Laws of the
City of Wheat Ridge ("Code of Laws"); and
WHEREAS, said Chapter 26 does not differentiate between facilities for
substance abuse clinics that do not dispense medication and those that do; and
WHEREAS, the City Council finds and determines that such a differentiation
is appropriate for zoning purposes given the different land use impacts of such
facilities, including but not limited to the delivery, storage and disposal of medical
supplies and controlled substances; the increased potential for crime such as theft
and burglary with facilities that store controlled substances, and different traffic
and parking impacts due to varying length of client visits for counseling
appointments and drug or medication dispensation, and
WHEREAS, the City Council desires to amend said Chapter 26 to address the
location of substance abuse clinics that dispense medications and controlled
substances separately from other clinics based solely on the different land use
impacts of each.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO:
Section 1. Subsection 26,123 of the Code of Laws IS amended by the
addition of the following definition:
CNB\53027\44395801
1
Substance abuse clinic. A clinic, office or other facility which
exclusively provides outpatient treatment for substance abuse
other than alcoholism, involving, in whole or in part, the
dispensation of medication or other controlled substances as
part of addiction therapy or management, excluding clinics
operated in association with a medical practice for other
purposes
Section 2. The Table of Uses for Commercial and Industrial Districts
provided by Section 26,204 of the Code of Laws is amended as follows'
Uses Notes NC RC C-' C-2 I
Clinics and offices for the C-' , C-2 & I INCLUDE P P P P P
counseling and treatment of Residential facilities,
psychological, social, marital,
developmental or similar NC & RC EXCLUDES
conditions, EXCLUDING Residential facilities.
SUBST ANCE ABUSE CLINICS
ALL districts INCLUDE:
Counseling and treatment
for subst~ncc abuGc and
alcoholism,
Section 3. The Table of Uses for Commercial and Industrial Districts
provided by Section 26,204 of the Code of Laws is amended by the addition of the
following:
Uses Notes NC RC C-' C-2 I
Substance abuse clinics S S P
Section 4. The Table of Uses for Commercial and Industrial Districts
provided by Section 26,204 of the Code of Laws is further amended as follows'
Uses Notes NC RC C-' C,2 I
Medical and dental Pharmacies and P P P P P
offices, clinics or optical stores are
laboratories accessory uses
EXCLUDING
SUBST ANCE ABUSE
CLINICS
CNB\53027\443958 01
2
Section 5. Notwithstanding any prOVISion of this Ordinance or any section
of the Code of Laws to the contrary, any substance abuse clinic lawfully existing in
a residential or commercial zone district on the effective date of this Ordinance
shall not be required to relocate or obtain a special use permit and may continue to
exist, in its present location only, as a lawful non,conforming use, subject to the
requirements of Section 26,120 of the Code of Laws,
Section 6. 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 7. Severability; Conflictinq Ordinances Repealed If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in conflict
with the provisions of this ordinance are hereby repealed.
Section 8. Effective Date, This Ordinance shall take effect fifteen days
after final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of ~ to ~
on this 14th day of July , 2003, 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 July 28 , 2003, at 7 00
o'clock p,m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge,
Colorado
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of 6 to 0 ,this 28tblay of July , 2003.
SIGNED by the Mayor on this
29th
July / I
.'/ A///
, '.. (7 j ,,' 6' ( /C.~.t~ -I LC>>~
re chen Cerveny, Mayor
~-------..-J
,2003.
ATTEST:
v
CNB\53027\44395B 01
3
First Publication: Julv 17. 2003
Second Publication: July 31, 2003
Wheat Ridge Transcript,
Effective Date August 15, 2003
CNB\53027\44395801
Approved As To Form
4