HomeMy WebLinkAboutOrdinance-2004-1321
INTRODUCED BY COUNCIL MEMBER
Council Bill No. 06-2004
Ordinance No. 1321
Series of 2004
Stites
TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT
RIDGE CODE OF LAWS PERTAINING TO THE EXPIRATION OF
DEVELOPMENT APPROVALS (CASE NO. ZOA-03-17)
WHEREAS, the eXisting language does not differentiate between the permitted types of
site development approvals,
WHEREAS, the planned development outline development plan is the document which
establishes zoning and should remam III effect m perpetuity,
WHEREAS, the speCial use permit procedures have been modified by City Council
action,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO THAT:
Section 1. The Zoning and Development Code IS hereby amended by adoption of the
followmg.
Section 26-107. Expiration of development approval; reapplications.
A. Any prelimmary or final approval of a site development shall expire and become
null and VOId If
(1). For preliminary approvals, all application for final apprO'lal is not filed withm
onc (1) ycar of SUCH approval, or
Ri For fiIlal approvals, a bUilding permit IS not ISsued for thc work autHorizcd
witffifl one ( 1 ) year from the date of final approval. or if the work is ceascd for a
penod of one hundrcd twcnty (120) days or more at any time aftcr work is
commenced.
(1) For variances, a building permit is not issued within 180 days from the
date it was granted. See section 26-115.4.
(2) If an approved special use ceases operation for any reason for a period of
one (1) year, the special use permit shall be deemed expired, unless otherwise
provided in the permit itself.
For administrative special use site development approvals, the Community
Development Director shall decide whether the zoning and/or permitted use
of the property shall revert to that in place prior to the expired approval.
For rezoning, planned development and special use final sIte development
approvals, For special uses approved through a public hearing process, a
public hearing before the city council m the manner required for final review shall
be held to confirm whether the zOfllng and lor permitted use of the property shall
revert to that m place prior to the expired approval
(3) Any issued buildmg permIt shall expire if the work authOrized is not
commenced Within sixty (60) days from the date of Issuance, or if the work is
ceased for a period of one hundred twenty (120) days or more at any time
after work is commenced.
B. After site development approval has expired, no work shall be commenced until
the developer has received new approval pursuant to the procedures set forth in this
chapter.
C. A new application for substantially the same development process may not be
refiled for one (1) year after denial.
Section 2. Safetv Clause. The City of Wheat Ridge hereby finds, determmes, 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
ordmance IS necessary for the preservation of health and safety and for the protection of public
convemence 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. 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 mvalid, such judgment shall not affect application 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 in the Code of Laws of the City of Wheat Ridge, which are m
eXistence as of the date of adoptIOn of thiS ordmance, the provisions, reqUirements and standards
here shall supersede and prevail.
Section 5. Effective Date. This ordinance shall take effect 15 days after final
publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to
o m thiS 22nd day of March , 2004, ordered published m full in a newspaper
of general circulation m the City of Wheat Ridge and Public Hearing and conSideration on final
passage set for April 12 ,2004, at 7'00 o'clock p.m., in the Council
Chambers. 7500 West 29th Avenue, Wheat Ridge, Colorado
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READ, ADOPTED AND ORDERED PUBLISHED on second and final readmg by a
vote of ~ to 0, this 12th day of April ,2004.
SIGNED by the Mayor on this
ATTEST
"Ci~~~__ 't -.' \. ..... ~ '-- \.._'---'-
Pamela Y Anderson, City Clerk
13th day of
April
,2004
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l' publicatIOn March 25, 2004
2nd publication. April 15, 2004
Wheat Ridge Transcnpt
Effective Date April 30, 2004
APPROVED AS TO FORM BY CITY ATTORNEY
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