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HomeMy WebLinkAboutOrdinance-2004-1318 INTRODUCED BY COUNCIL MEMBER DITULLIO Council Bill No. 03-2004 Ordinance No. 1318 Series of 2004 TITLE: AN ORDINANCE AMENDING SECTION 26-621 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO PARKING IN RESIDENTIAL AREAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Section 26-621 of the Wheat RIdge Code of Laws IS hereby amended as follows. Sec. 26-621 ReSIdential parking. A. In reSIdential zone districts, the parking of trucks, vans, buses or licensed trailers which are used for commercial purposes, whether the commercial enterprise is conducted from the home or conducted elsewhere, is prohibited except as permitted by thiS section. An occupant of a dwellmg may park, or allow the parking of, no more than one (1 ) truck or van which is used for commercial purposes upon the premises or confined to the street frontage of the lot in question, proVided, however, that such vehicle does not exceed a one-ton chassis. Parking of trailers which are used for commercial purposes is prohibited on any public right-of-way B In reSidential zone districts, a maximum of two (2) of any the following vehicles may be parked outside upon property owned or rented by the vehicle owner, proVided the vehicle owner resides on the property- . Recreational Vehicle . Trailer upon which are stored personal recreational vehicles Recreational vehicles or trailers are exempt from this two-vehicle limitation provided the vehicles or trailers are stored in the area between the side property line and the side wall of the structure and the back property line and the back wall of the structure, provided botb of the following are met: . Tbe vehicles or trailers are less than six (6) feet in height, and . The vehicles or trailers are not visible from the public right-of-way as a result of being stored behind a solid fence six (6) feet in height, a structure, or vegetation which completely screens the vehicle from view from the public right-of-way. In determining if a trailer is exempt or not exempt from the provisions of this paragraph B, the height of the trailer will depend upon whether the trailer is loaded or not. A trailer that is exempt in an unloaded condition shall not be considered exempt in a loaded condition if the trailer plus load exceeds six (6) feet in height. C. Only one (1) such recreational vehicle or trailer may be stored in the area between the street and all walls of the structure facing the street. Such vehicles or trailers must be parked six (6) feet or more inside the front property hne. For corner lots, the one (1) vehicle restriction shall apply to both areas between the street and the walls of the structure facing the street. Any vehicle or trailer lying partially between the street and the front walls of the structure shall be considered to be parked or stored in tbe front yard. Such vehicles '.viII be Similarly permitted upon residential rental properties '""here the owner of the vehicle resides upon the premises, and in the case of multifamily residential properties, '.vhere such vehicle or vehicles do not displace parkmg spaces required to meet the minimum vehicular parking standard for the property as set forth herein for multifamily resldentwl land uses. Where it is difficult to determine the public right-of-way boundary due to lack of curb, gutter and/or sidewalk, or survey markers, such boundaries shall be presumed to be ten (10) feet from the edge of pavement or back of curb. Where a sidewalk exists, such boundanes shall be presumed to be two (2) feet from the outSide edge of sidewalk. For the purposes of this subsection C I!, permanent or temporary carports, frame covered structures, tents, or other temporary structures shall not be used to store or conceal such recreational vehicles or trailers in excess of the maximum number permitted. D. Recreational vehicles or trailers stored in a side yard need not meet any setback requirements. Recreational vehicles or trailers exceeding six (6) feet in height stored in a back yard must meet the side and rear yard setback requirements for accessory structures for the zone district in which the recreational vehicle or trailer is stored. Recreational vehicles and trailers less than six feet in height stored in a back yard do not need to meet rear and side yard setbacks. G.E. In residential zone dIstricts, detached trailers and recreational vehicles are prohibited from parking m pubhc rights-of-way; however one (1) recreational vehicle or one (1 ) trailer may be parked within public street rights-of-way for a period up to seventy- two (72) hours, proVided they are attached to the towing vehicle. Moving the towing vehicle and/or the trailer to another location in the right-of-way does not extend or re- start the 72 hour penod. f).F. In residential zone distrIcts, where it IS desired to maintain such a restricted vehicle either within six (6) feet of a public street on private property or within a lawful parking area on a publIc street abuttmg the front of the property in excess of seventy- two (72) hours, the property owner may obtam a temporary parkmg permit from the planmng and development department. Such temporary parking permit shall be for a time period not to exceed fourteen (14) days and no more than one (1) such permit shall be issued each SIX (6) months for the same vehicle. The issuance of a temporary permit is for the purpose ofparkmg only and not for any other activity. The permIt must be placed upon the lllside wmdshleld or side window on the driver's side so as to be viSible for mspectlon. KG. Pickup truck-mounted campers, when mounted upon pickup trucks, are not subject to these parkmg restnctions except that such camper shall not be used for permanent or temporary living quarters. Nothing in thiS section will be construed to restrict or lImit parking of any vehicle so described upon pnvate property so long as said vehicle is parked m accordance with the limitations of thiS section and provided that sight distance triangle requirements of section 26-603 are met. F.H. Areas which are used to store or park allowed recreational vehicles or trailers shall be of an Improved surface consisting of concrete, asphalt, brIck pavers, gravel at least SIX (6) inches in depth, or similar materials. If gravel is used, the parking or storage area must be built to that the material used for surfacing stays contained With the storage or parkmg area with the use of concrete curbs, railroad ties, landscape timbers, or similar matenals. I. The storage of recreational vehicles or trailers is permitted upon multi-family residential properties where the owner of the vehicle resides upon the premises, and where such vehicle or vehicles do not displace parking spaces required to meet the minimum vehicular parking requirement for the property as set forth herein for multifamily residential land uses. J. Any vehicle or trailer owner may apply for a variance to the restrictions contained in paragraphs B, C, and D in accordance with the procedures for requesting a minor variance as provided in Section 26-115 C 1 of this code, whether or not the requested variance is within the ten (10) percent limitation. Should objections be received from the adjacent property owners, the Community Development Director shall schedule the request for a public hearing before the Board of Adjustment according to the noticing procedures contained in Section 26-109 B, C and D. Requests for variances under this subsection J shall not be charged a fee if the request is filed by December 31, 2004. Any variance granted by either the Community Development Director or the Board of Adjustment shall be a grant of the variance to the property owner only. Section 2. The defimtion of "trarler" provided by Section 26-123 of the Code of Laws IS amended as follows: Trailer. Any wheeled vehicle, without motive power, which is designed to be used in conjunctIOn with a motor vehicle other than a truck-tractor so that some part of ItS own weight and that of its cargo load rests upon or is carried by the motor vehicle. The term includes but IS not hmited to cargo trailers, flatbed trailers, and utility trailers, and horse trailers. Section 3. Safety Clause. The City Council hereby finds, determmes, and declares that this ordinance is promulgated under the general pohce 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 pubhc convenience and welfare. The City Council further determines that the ordmance bears a rational relation to the proper legislative object sought to be attamed. Section 4. 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 5. Supersession Clause. If any provision, requirement or standard established by thIS Ordmance is found to conflict with Similar provisions, reqmrements 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 Ordmance, the provisions, requirements and standards herein shall supersede and prevail. Section 6. Effective Date. This ordmance shall take effect 15 days after final pubhcation. INTRODUCED, READ, AND ADOPTED on first reading by a vote of li to Q on this day of March 8, 2004, ordered published in full III a newspaper of general circulatIOn m the City of Wheat Ridge and Public Hearing and consideration on final passage set for March 22, 2004, 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 readmg by a vote of li to Q, this 22nd day of March, 2004 SIGNED by the Mayor on this 25th day of March. 2004. I 'j ( / ;' i ( \.. \ _~.t ,'1.,- t.{ ( '---.- ,- GRETCHEN CERVENY, MAYOR I i I J\ , \ ATTEST " \ (~ .~.J~- - derson, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY 1st Public.atlOn. March 11, 2004 2nd Publication. March 25,2004 republish: April 1, 2004 Wheat Ridge Transcnpt Effective Date' Apnl 16, 2004