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HomeMy WebLinkAboutOrdinance-2003-1313 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Schneider Council Bill No 42-2003 Ordinance No 1313 Series of 2003 TITLE AN ORDINANCE AMENDING CHAPTER 26 PERTAINING TO DEVELOPMENT STANDARDS IN THE RESIDENTIAL ZONE DISTRICTS WHEREAS, the Council has recently approved a comprehensive reVISion of Chapter 26 of the Code of Laws, concerning land use, zoning and development, and WHEREAS, the Council wishes to amend the development standards in individual zone districts pertaining to setbacks, WHEREAS, there are certain inconsistencies in the development standards, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO Section 1. Wheat Ridge Code of Laws, Section 26-205 Residential-One District (R-1) is hereby amended to read as follows Sec. 26-205 Residential One District (R-1). A. Intent and Purpose This district is established to provide high quality, safe, quiet, and stable low density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the low-density residential character B Development Standards. Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coveragel9J Area Width Setback Setbackl" Setback\1>\(a} One-family dwelling 35' 25% 12,500 sf 100' 30,(ollb) 15' 15' Group home 35' 25% 12,500 sf 100' 30,IC)(bl 15' 15' Accessory Buildings (e) Detached garage or carport ;m'-15' 1,000 sf 12,500 sf 100' 30'ICllb) 15' 15' Private storage shed ~10,"i 400 sf 12,500 sf 100' 30' 15,"'1 lei 15,(e-lIC) GED\53027\38439301 Churches, schools, government and quasi-government build- ings, golf courses, small day care center, and nursing, elderly and congregate care homes All other uses (a) (b) (B) (b) t61 (cl {B} (d) (f) (g) (h) (e) Maximum Height Maximum Building Coverage\llJ Minimum Lot Area Minimum Front Yard Setback Minimum Side Yard Setback(a) Minimum Rear Yard SetbackfbJ lal Minimum Lot Width 35' 25% 200' 30' (hi 15,ihj\<>j(dl 20' 1 acre 35' 25% 12,500 sf 100' 30'(Cllb) 15' 5,f4j Icl Any side or rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures, Any rO;Jr y;Jrd which ;Joute ;J public ctroot chall havo ;J minimum cotb;Jck of thirty (30) foet for 3',\ ctructuroc, Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb (See Figure 26-123 3 ) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet from property lines and at least thirty (30) feet from a residence on an adjacent parcel. Fifteen-foot setback for the first story and five (5) feet for each additional story Poultry houcoc ;Jnd pigeon coopc me limilod to;J maximllm hoight oflwolvo (12) feet. Minimum l'IIonty fivo percent (25%) l;Jndccaping roquired en cilo, (Sea fraction 26 502,) Minimum Ion (10) foet of landcc;Jping ic rOEiuired within tho front ;Jnd cide Y;Jrd cetb;Jckc adjacent to public streets, (Soo soction 26 502,) Metal accessory buildings over 120 square feet in size are not permitted. Section 20 Wheat Ridge Code of Laws, Section 26-206 Residential-One A District (R-1A) is hereby amended to read as follows Sec. 26-206 Residential-One A District (R-1A). A. Intent and Purpose This district is established to provide high quality, safe, quiet and stable low-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the low-density residential character B Development Standards. Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coverage(hl Area\J!(el Width\J!le) Setback Setback la' Setback\t>J lal One-family dwelling 35' 30% 9,000 sf 75' 30'(C' (b) 10' 3"Oi 15' Group home 35' 30% g,OOO sf 75' 30"el(b) 10' 3' (01 15' Accessory Buildings (f) Detached garage or carport ~15' 1,000 sf 9,000 sf 75' 30,<0 (bl 5' if:58' in 5' if :5 8' in height: height; 10' 10' if >8' if >8' in in height height Private storage shed 2G 10' 19l 400 sf 9,000 sf 75' 30' 5,\<>jle) if 5,<0 (el if :5 8' :5 8' in in height; height; 10' if >8' in 10' if >8' height in height GED\53027\384393.01 2 Churches, schools, government and quasi-government build- ings, golf courses, small day care center, and nursing, elderly and congregate care homes All other uses (a) (b) (c) (b) (d) fe1 (c) (ft (d) (g) (h) (i) B1 (e) (f) Maximum Height Maximum Building CoverageiA) Minimum Lot WidthlJile) Minimum Front Yard Setback Minimum Rear Yard Setbackfbll') Minimum Side Yard Setbackla) Minimum Lot Areal)) (e) 35' 30% 30\ il-j 15,"'\11(0) 20' 1 acre 200' 35' 30% 75' 30,fO)lb) 15' 10' &(<1) 9,000 sf Any side or rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures I' ny roar Y::lrd which abuts a public stroot shall havo a minimum setback of thirty (30) foot for all structures. Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb (See Figure 26-123 3 ) ^ total of ~ftoen (15) foot sido yard setback for ovory individual lot with a minimum of ~'/e (5) foot on one (1) ~ Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet from property lines and at least thirty (30) feet from a residence on an adjacent parcel. Fifteen-foot setback for the first story and five (5) feet for each additional story Poultry houses and pigeon coops are limited to a maximum height of twelvo (12) feet. Minimum twonty n'lo percont (25%) landscaping re'luirod on sito. (Soe soction 26 502.) Minimum ton (10) foot of landscaping is re'luirod within tho front and side yard setbacks adjacent to public streets (aee soction 213 002.) Corner lots shall have a minimum of nine thousand six hundred (9,600) square feet and a minimum lot width of eighty (80) feet for both street frontages. Metal accessory buildings over 120 square feet in size are not permitted. Section 3. Wheat Ridge Code of Laws, Section 26-207 Residential-One B District (R-1B) is hereby amended to read as follows Seco 26-207 Residential-One B District (R-1 B). A Intent and Purpose This district is established to provide high quality, safe, quiet and stable small lot, low-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the low-density residential character B Development Standards. Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coverage1hl Area WidthIJJlf) Setback Setbackl', Setbacklb) la) One-family dwelling 35' 40% 7,500 sf 60' 30"") (b) 5,(<1) (e) 10' Group home 35' 40% 7,500 sf 60' 30,(0 (b) 5' Kl) (e) 10' Accessory Buildings (g) Detached garage or carport m15' 600 sf 7,500 sf 60' 30,(0) (b) 5' if:5 8' in 5' if:5 8' in height; height; 10' if 10' if >8' in >8' in height height GEDl53027\3B439301 3 Churches, schools government and quasi-government build- ings, golf courses, small day 35' care center, and nursing, elderly and congregate care homes All other uses 35' (a) (b) tG} (b) tGj (c) tat (d) flj (e) (g) (h) (i) fit (f) (g) Maximum Height Maximum Building CoveragefHI Minimum Lot WidthlJl1f) Minimum Front Yard Setback Minimum Side Yard Setback!a} Minimum Rear Yard Setbackll>! (a) 501~ld)if S B' in height; 10' if >8' in height 20' 10' Section 4. Wheat Ridge Code of Laws, Section 26-208 Residential-One C District (R-1 C) is hereby amended to read as follows Minimum Lot Area Private storage shed ;U)' 10' \m 5,1Bj Id) if S B' in height; 10' if >8' in height 400 300 sf 7,500 sf 60' 30' 40% 1 acre 200' 30"'} 15"_(0) 40% 9,000 sf 60' 30'fBlIb) 5'ldllc) Any side or rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. Any rear yard which abuts :3 public street shall have a minimum eetback of thirty (aO) feet for all structures. Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb (See Figure 26-123.3 ) A total of fifteen (15) feet side yard setback for every individual lot with a minimum of five (5) feet on one (1) side. Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet from property lines and at least thirty (30) feet from a residence on an adjacent parcel. Fifteen-foot setback for the first story and five (5) feet for each additional story Poultry housee and pigeon coops ora limitod to a maximum height of t"'el"e (12) feel. Minimum \wonly live percent (25%) landscaping requirod on sito. (See section 26 502.) Minimum ton (10) feet of landscaping ie roquires within tho front ans side yard setbacks :3sjacent to public etreets (See section 26 502.) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. Metal accessory buildings over 120 square feet in size are not permitted. Sec. 26-208 Residential-One C District (R-1C). A. Intent and Purpose This district is established to provide high quality, safe, quiet and stable, medium-density single-family residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium-density residential character B Development Standards. Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coverage"" Area Width Setback Setback,a}e} Setback1b} la) One-family dwelling 35' 40% 5,000 sf 50' 30,le}lb) 5' (e) 4*)'5' Group home 35' 40% 5,000 sf 50' 30,(e)lb) 5' (e) .w 5' GE0\53027\38439301 4 Maximum Height Maximum Building Coverage19) Minimum Front Yard Setback Minimum Side Yard Setback!a)", Minimum Lot Area Minimum Lot Width Accessory Buildings (e) Churches, schools, government and quasi-government build- ings, golf courses, small day care center, and nursing, elderly and congregate care homes All other uses (a) (B) ~(b) fG1 (c) (e) (I) (g) (h) fit (d) (e) :1G' 15' 30'(<I(bl 600 sf 5,000 sf 50' 5' ifS 8' in height; 10' if> 8' in height Detached garage or carport Private storage shed 2G' 10' (f) 400 200 sf 5,000 sf 50' 30' 5,(01 (c) if S 8' in height; 10' if >8' in height 35' 40% 1 acre 200' 30,(1)1 15,(h) 35' 30,(Cl(b) 5,f<lj(C) 40% 5,000 sf 50' Any side or rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. Any roar yard which 3buts 3 pUBlio stroot shall havo a minimum setBaok of thirty (30) foet for 311 structures. Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb (See Figure 26-123 3 ) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet from property lines and at least thirty (30) feet from a residence on an adjacent parcel. Minimum setb3ck for the first ctory 3ns five (5) feet for eaoh additional ctory. Poultry houcos ans pi goon coops 3ro limites to a m3ximum height of twolve (12) feet. Minimum twenty five peroent (25%) lanssc3ping reEluiros en site. (See sootion 26 502.) Minimum ten (10) feot of lanscc3ping is roEluires within the front and sise yard setbaoks asjacent to publio streets. (See section 26 502.) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. Metal accessory buildings over 120 square feet in size are not permitted. Section 50 Wheat Ridge Code of Laws, Section 26-209 Residential-Two District (R-2) is hereby amended to read as follows Seco 26-209 Residential-Two District (R-2)0 A. Intent and Purpose This district is established to provide high quality, safe, quiet and stable low to moderate-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the residential character B Development Standards. Minimum Rear Yard Setbackf1>J (a) -W' 5' if S 8' in height; 10' if >8' in height 5,(<Ij(C) if S 8' in height; 10' if >8' in height 20' 10' Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coverage(l>) Area Widthllllfl Setback Setback(a, Setbackf1>J lal 35' 40% 9,000 sf 75'(11 If I 30,IOllbl 5,f<lj(CI 10' One-family dwelling GED\53027\384393 01 5 Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coveragell>J Area WidthltJ1f) Setback Setbacklal Setbackibl (a) 35' 40% 12,500 sf 100' 30'IGJ (b) 5,{4I(e) 10' 35' 40% 9,000 sf 75' 30'IG) (b) 5,(dl (e) 10' Two-family dwelling Group home Accessory Buildings (g) Churches, schools, government and quasi-government build- ings, golf courses, small day care center, and nursing, elderly and congregate care homes All other uses (a) \b}-- tGt (b) fG1 (c) \e1 (d) ff1 (e) (g) (h) (i) fit (f) (g) Detached garage or carport ;ID-15' 75' 30,(GJ (b) 5' if:5 8' in height; 10' if >8' in height 5,(eJ(d) if :5 8' in height; 10' if >8' in height 5' if:5 8' in height; 10' if >8' in height 5,(e\ (d) if ~ 8' in height; 10' if >8' in height 20' 10' Section 6. Wheat Ridge Code of Laws, Section 26-210 Residential-Two A District (R-2A) is hereby amended to read as follows 1,000 sf per unit 9,000 sf Private storage shed W10,19i 400 sf 9,000 sf 75' 30' 35' 40% 200' 30,14 15,I4fIJ(e) 1 acre 35' 40% 9,000 sf 75' 30'lel (b) 5,(dl (e) Any side or rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. Any rO:lr yard which abuts a pUBlic street shall havo a minimum cetbGck of thirty (30) feet for all structure€. Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb (See Figure 26-123 3 ) A total of fifteen (15) feet side yard setback for every individual lot with a minimum of five (5) feet on one (1) side. Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet. Fifteen-foot setback for the first story and five (5) feet for each additional story Poultry house€ Gnd pigeon coops are limited to a maxifflum height of twelve (12) feet. Minimum twenty five percent (25%) landscaping required on sito. (Seo cection 26 502.) Minimum ten (10) foet of landccaping i€ required within the front and cide yard setbGcks adjacent to public ctroet€. (Seo ,-oclion 26 502.) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. Metal accessory buildings over 120 square feet in size are not permitted. Sec. 26-210 Residential-Two A District (R-2A). A. Intent and Purpose This district is established to provide high quality, safe, quiet and stable medium-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium-density residential character GE0153027'.38439301 6 B Development Standards. Minimum Maximum Minimum Minimum Front Minimum Maximum Building Lot Lot Yard Side Yard Height Coverage1hi Area Width Setback Setback!a) One-family dwelling 35' 40% 7,500 sf 60,,,,(g) 30,fBllb) 5 'per 75,(kJI9) 30,(el(b) story (a) Two-family dwelling 35' 40% 9,000 sf 5' per 13,050 sf" story fa! Multifamily (3/more dwelling 35' 40% 100' 30' 5' per units) (e) story tal Group home 35' 40% 9,000 sf 30' 5' per story tal 75' Accessory Buildings (i) Detached garage or carport W 15' 600 sf (per unit) 9,000 sf 75' 30ol~lb) 5' if S 8' in height; 10' if >8' in height Churches, schools, government and quasi-government build- ings, golf courses, small day 35' care center, and nursing, elderly and congregate care homes All other uses 35' (3) fl:lt (a) tB1-(b) ~(c) teJ-(d) tft-( e) (g) (h) (i) U) WIg) Private storage shed :W-10' IflJ 5,(e) (d) if S 8' in height; 10' if >8' in height 9,000 sf 75' 30' 400 sf/ 4 d.u. 40% 200' 3D"" 15,f<jII)(e) 1 acre 40% 9,000 sf 75,fhllg) 30' 5' Side Y3rd Gete3ck Gh311 ee li"e (5) feet Jler Glory except. '1ny Eide yard which :JbutE a Jlublic Gtreet Ehall h:Jve a minimum Eetback of thirty (;;\0) foot for all EtructuroG. Any side or rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. Front setbacks for one- or two-family dwelling structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb (See Figure 26-123.3) A minimum of four thousand three hundred fifty (4,350) square feet of land area shall be required for each dwelling unit for multifamily buildings. Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet Fifteen-foot setback for the first story and five (5) feet for each additional story Poultry hOUEOG 3nd Jligoon COOpG :Jro limited to a maximum hoight of twelve (12) feet MI,nimllm ~....only I\\'e percent (25%) 13ndGcaJling roqllired on Gite. (Soo cection 28 502.) Minimum ton (10) feet of landGcaping iG required "'ithin the front and cide yard seteackE 39jacent 10 public Gtreetc. (See E8ction 26 502.) Rear yardG for bllilding which exceod two (2) ctorec Ghall bo increaEOd fivo (5) feot for oach 3dditional Gtory ovor two (2) ElorioG. Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages GED\53027\384393 01 7 Minimum Rear Yard Setback1b) lal 10' 10' 10' for one or two story buildings, 15' for th ree story buildings ill 10' 5' ifS 8' in height; 10' if >8' in height 5,(6)(d) if S 8' in height; 10' if >8' in height 20' 10' fIl (h) (i) Reserved Metal accessory buildings over 120 square feet in size are not permitted. NOTE. The requirements of section 26-120 tGt (C) (2) shall not apply to require compliance with minimum lot area and/or minimum land area per unit requirements otherwise applicable to the reconstruction of multifamily dwelling units in the R-2A district, where such structures and their reconstruction meet all of the following requirements: (1) the structure was legally in existence on September 8, 1997, (2) the structure is located upon a lot which does not meet the then-applicable minimum lot area and/or minimum land area per unit requirements for such proposed reconstruction, and (3) such reconstruction is restricted to replacement of the structure which has been destroyed. This exemption shall not apply to (1) new construction where no replacement of a preexisting structure takes place or (2) reconstruction of structures which were not legally in existence (as distinguished from legal nonconforming structures) Section 7. Wheat Ridge Code of Laws, Section 26-211 Residential-Three District (R-3) is hereby amended to read as follows Seco 26-211 Residential-Three District (R-3). A. Intent and Purpose This district is established to provide high quality, safe, quiet and stable medium- to high-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium- to high-density residential character B Development Standards: Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coverage\91 Area Width Setback Setbacktaal Setback(b) (b) One-family dwelling 35' 40% 7,500 sf 60,(111) 30,(CI 5'per 10' 75,(<1(11 story Two-family dwelling 35' 40% 9,000 sf 30'(C) 5' per 10' sto';X Multifamily (3 or more dwelling 35' 40% 12,500sfdl 100' 30' 15,(a 1S'W(a) units) 30,(CI Group home 35' 40% 9,000 sf 75' 5' per 10' story Accessory Buildings (g) Detached garage or carport W1S' 600 sf 9,000 sf 75' 30,"1 5' if S 8' in 5' ifS 8' in per unit height; height; 10' if 10' if >8' in >8' in height height Private storage shed W10,(f1 400 sf/ 9,000 sf 75' 30' 5,(el if S 8' 5,(e} if S 8' 4 d.u. in height; in height; 10' if >8' 10' if in height >8' in height Churches, schools, government 35' 40% 1 acre 200' 30''''' 15,(aiih} 20' and quasi-government build- Ings, golf courses, small day care center, and nursing, elderly and congregate care homes 60,("(1) 30'(C) 10' All other uses 35' 40% 7,500 sf 5' per story GED\53027\3B43g3.01 8 (a) taat (b) (b) (c) (d) (e) (f) (9) (h) (i) (f) (g) NOTE. Side and rear yard setback shall be fifteen (15) feet for the first two stories and an additional five (5) feet for each additional story over two stories. Any side or rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. 'I,ny rear yard which Clblltc a public Etroet shall havo 3 minimllm cetbClck of thirty (30) feet for 311 ctruGturec. Front setbacks for one- or two-family dwelling structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb (See Figure 26-123.3.) A minimum of three thousand six hundred thirty (3,630) square feet of land area shall be required for each dwelling unit for multifamily buildings. Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet. Poultry hOllces and pigeon coop!? are limited to 3 maximum height of "'-,'el"e (12) feet. Minimum thirty l3ercent (30%) landEcaping required on cite. (See Eection 2@ 502.) Minimum ten (10) feet of landscaping is required within the front and Eide yard setb3ckc adjacent to public ctreetc (See cection 26 502.) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages Metal accessory buildings over 120 square feet in size are not permitted. The requirements of section 26-120.9 (e) (2) shall not apply to require compliance with minimum lot area and/or minimum land area per unit requirements otherwise applicable to the reconstruction of multifamily dwelling units in the R-2A3 district, where such structures and their reconstruction meet all of the following requirements. (1) the structure was legally in existence on September 8, 1997, (2) the structure is located upon a lot which does not meet the then-applicable minimum lot area and/or minimum land area per unit requirements for such proposed reconstruction, and (3) such reconstruction is restricted to replacement of the structure which has been destroyed. This exemption shall not apply to (1) new construction where no replacement of a preexisting structure takes place or (2) reconstruction of structures which were not legally in existence (as distinguished from legal nonconforming structures) Section 8. Wheat Ridge Code of Laws, Section 26-212 Residential-Three A District (R-3A) is hereby amended to read as follows Seco 26-212 Residential-Three A District (R-3A)0 A. Intent and Purpose This district is established to provide high quality, safe, quiet and stable medium-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium-density residential character B Development Standards: Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coverage~1 Area Width Setback Setback(aaJ Setback(bl (b) One-family dwelling 35' 40% 7,500 sf 60,")(1) 30,(0) 5' per 10' 75,(<\(1) 30,(el story Two-family dwelling 35' 40% 9,000 sf 5' per 10' storx Multifamily (3+ dwelling units) 35' 40% 12,500 S(dl 100' 30' 15,(a 15'W1al Group home 35' 40% 9,000 sf 75' 30,(01 5' per 10' story GED\5:l027\:l84:l9:l.01 9 Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coveragel91 Area Width Setback Setbacktaal Setback1bl Ibl Accessory Buildings (g) Detached garage or carport ~15' 600 sf 9,000 sf 75' 30,(C1 5'ifS8'in 5' if S 8' in per unit height: height; 10' if 10' if >8' in >8' in height height Private storage shed W10"'1 400 sf/ g,OOO sf 75' 30' 5'le) if S 8' 5"el if S 8' 4 d.u. in height; in height; 10' if 10' if >8' in >8' in 30,(hl height height Churches, schools, government 35' 40% 1 acre 200' 15,(a)lR! 20' and quasi-government build- ings, golf courses, small day care center, and nursing, elderly and congregate care homes All other uses 35' 40% 9,000 sf 60,RiII) 30'(C) 15,(al 10' (a) (aa) (b) (c) (d) (e) (f) (g) (h) W(f) (g) NOTE. Side and rear yard setback shall be ten f.W115 feet for the first two stories and an additional five (5) feet for each additional story over two stories. Any ~ide Y:3rd which abut~ a public ~treet chall h:3'/G a minimum cetback of thirty (30) foot for :311 ctructurec Any side or rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. Front setbacks for one- or two-family dwelling structures on Jots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb (See Figure 26-123 3) A minimum of three thousand nine hundred sixty (3,960) square feet of land area shall be required for each dwelling unit for multifamily buildings. Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet. Poultry houcec and pi goon coopc aro limited 10 a maximum height of 1'1101'/0 (12) feot. Minimum thirty percent (30%) landcc:3ping requirod on cile. (See cection 26 502.) Minimum ten (10) feet of land~caping ic required within the front and Eide yard ~GtbackE adjacent to public ctraotc. (Soo welion 26 502.) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. Metal accessory buildings over 120 square feet in size are not permitted. The requirements of section 26-120 f91 (e) (2) shall not apply to require compliance with minimum lot area and/or minimum land area per unit requirements otherwise applicable to the reconstruction of multifamily dwelling units in the R-~3A district, where such structures and their reconstruction meet all of the following requirements: (1) the structure was legally in existence on September 8, 1997, (2) the structure is located upon a lot which does not meet the then-applicable minimum Jot area and/or minimum land area per unit requirements for such proposed reconstruction, and (3) such reconstruction is restricted to replacement of the structure which has been destroyed. This exemption shall not apply to: (1) new construction where no replacement of a preexisting structure takes place or (2) reconstruction of structures which were not legally in existence (as distinguished from legal nonconforming structures) Section 9. Wheat Ridge Code of Laws, Section 26-611 "Building Setbacks" is amended by the addition of a new subsection, the entire section, as amended, to read as follows GED\53027\384393 01 10 Sec. 26-611 Building setbacks. A. Generally, building setback shall be measured at right angles from the closest property line to the outermost wall of a building In Residential Zone Districts Only, encroachments into required setback areas shall not be permitted except as follows, provided, however, that no encroachment into a side or rear yard is allowed in the NC, Re, C-1, C-2, or I zone districts when adjacent to a residentially zoned property: Porches, patios, decks and balconies. Porches, patios, decks and balconies which are open on at least two (2) sides may encroach into a front setback up to eight feet or into a side or rear yard a maximum of one-third the distance to the closest property lineo 2. Architectural features. Cornices, eaves, beltcourses, sills, canopies or other similar architectural features, including bay windows, may extend or project into a required front, side or rear yard not more than thirty (30) incheso 3 Chimneys. Chimneys may project into a required front, side or rear yard not more than two (2) feet, provided the width of such yard is not reduced to less than three (3) feet. 4 Fire escapes, open stairways. A fire escape or open stairway may extend into any front, side or rear yard, provided the width of such yard is not reduced to less than three (3) feet. 80 If fifty percent (50%) or more of the main buildings within a built-up area in any district have more or less than the required front yard, each new main building shall have a front yard consistent with the average building setbacks in the immediate area, except that for the purpose of computing such average, a front yard in excess of fifty (50) feet shall be deemed to be fifty (50) feet, and a setback less than fifteen (15) feet shall be deemed to be fifteen (15) feet. For the purpose of this regulation, an immediate area shall be deemed "built-up" if fifty percent (50%) or more of the lots within the same block and within two hundred (200) feet on each side lot line of any particular lot have been improved with buildings However, in no instance shall a structure encroach into a required sight distance triangle Section 100 Wheat Ridge Code of Laws, Section 26-123 "Definitions" is amended, to read as follows Accessory buiJdingo /\ subordin:)te building or portion of :) m:)in building the usa of which is incident:)1 to th:)t of the m3in building on the s:)me lot. Building, accessoryo A subordinate building or portion of a main building the use of which is incidental to that of the main building on the same lot. These accessory buildings shall include, but are not limited to, private storage sheds, detached garages, detached carports, membrane structures that meet current building code requirements, chicken coops, gazebos, greenhouses and barnso An accessory building must be clearly subordinate to a main use located on the same lot. Additionally, an accessory structure shall not be located on a vacant lot devoid of a main buildingo GED\53027\38439301 11 Building, main. The building housing the principal (primary and most important) use(s) permitted for the lot upon which it is located, and provided that to be classified as one (1) main building the total structure shall have a continuous roof and must share a common wall of at least five (5) feet in lengtho Section 11. Wheat Ridge Code of Laws, Section 26-204 "Zone District Use Schedule" is amended, to read as follows Accessory Uses For Residential Uses Notes Bee Keeping See S 26-603 and 607 Ancillary uses operating within a e g Day care centers, scout meetings church's primary structure f- -- - -- -- - Home occupations See S 26-613 Accessory buildings See ~ 26-123, 605 (excludes keeping of swine), 606 Accessory buildings shall not be located on a vacant lot devoid of any primary or main buildingo Household Pets, limited to no more Plus their unweaned offspring than 3 dogs and 4 cats Private swimming pools, tennis courts, See S 26-603 and other recreational facilities Public and private communications For satellite earth receiving stations, see S 26-616 towers, television or radio antennae and S 26-617 Public utility lines and poles, irrigation channels, storm drainage and water supply facilities C- ___ __ Rooming and/or boarding of not more On a contract basis for not less than 7 days than 2 persons Water Towers and above ground Not in excess of 35 feet reservoirs Section 12. 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 GED\53027\384393 01 12 further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained Section 13. Severability; Conflicting 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 140 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 Q on this 13th day of October, 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 October 27, 2003, at 7 00 o'clock pm, 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 ~ to Q, this 27th day of October, 2003 SIGNED by the Mayor on this 31st day of October, 2003 ATTEST (' '" \, \' _~',,--r\ij- 0.", \\,':, "Nanda Sang, City Clerk i",-__J-) ~ '..J ~ '- ~ First Publication October 16, 2003 Second Publication November 6, 2003 Wheat Ridge Transcript Effective Date November 21, 2003 GED\53027\38439301 13