The URL can be used to link to this page

Home My WebLink About2013 Ordinance No. 007• • • BY AUTHORITY ORDINANCE NO . !J_ SERIES OF 2013 COUNCIL BILL NO . 4 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE CLEANING UP CERTAIN ERRORS AND OMISSIONS IN THE ENGLEWOOD MUNICIPAL CODE 2000 BY AMENDING TITLES 12 AND 16. WHEREAS , certain errors and omissions have been discovered through normal use of the Englewood Municipal Code; and WHEREAS, staff recommends approval ofthis Bill for an Ordinance to clean up and clarify various sections of the Englewood Municipal Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 12, Chapter 2, Section 1, Subsection D(a)(2), entitled Wastewater Utility of the Englewood Municipal Code 2000 , to read as follows: 12-2-1-D: Definitions/Abbreviations and Acronyms: Unless the context specifically indicates otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated: BMPs BOD BMR cc CDPS CFR COD CWA EPA op FOG gpd Abbreviations and Acronyms: The following abbreviations shall have the designated meanings . Best Management Practices Biochemical Oxygen Demand Baseline Monitoring Report degrees Centigrade Colorado Discharge Permit System Code of Federal Regulations Chemical Oxygen Demand Clean Water Act (33 USC 1251 et seq.), as amended Environmental Protection Agency degrees Fahrenheit Fats , Oils , and Grease gallons per day 1 11 b ii gpcl IU rng/L O&M POGS POTW RCRA SlC sru SNC TSS U .S .C . gallons per day Industrial User milligram s per Liter Operations and Maintenance Petroleum, Oil, Grease and Sand Publicly Owned Treatment Works Reso urce Conservation and Recovery Act & Section Standard Industrial C las sification Significant Industrial User Significant Non-Compliance Total Suspended Solids United States Code Act or the A c t : The Federal Water Pollution Control Act, a lso known as the Clean Water Act, as amended, 33 U.S.C . 1251 et seq. Approval Auth ority: The Regional Administrator of EPA Region 8. At such time as the State receives authorization, the Approval Authority shall be the Director of the Colorado Department of Public Health and Environment. Authorized representative of the industrial user: (a) If the user is a corporation: (1) The president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or (2) The Gity-manager of one or more manufacturing, production, or operating faci lities , provided the Git:y manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term enviromnental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for industrial wastewater permit requirements ; and where authority to sign documents has been assigned or delegated to the Git:y manager in accordance with corporate procedures . 2 • • • • Section 2. The City Council of the City of Englewood, Colorado hereby authorizes amending • • Title 16, Chapter 2, Section 1, Subsection C( 1 )(b )( 1 ), entitled Board of Adjustment and Appeals, of the Englewood Municipal Code 2000, to read as follows: 16-2-l(C): Board of Adjustment and Appeals. 1. Administrative and Review Roles Under this Title. The Board of Adjustment and Appeals ("Board") shall have the following responsibilities in administering this Title: a. Appeals from Building Permit Denials. The Board shall have power to hear and determine appeals from refusal of building permits. b. Administrative Appeals. In addition to such other jurisdiction as authorized by law, the Board shall have the jurisdiction and power: (1) To hear and decide appeals from and to review any order, requirement, decision, or determination by the Chief Building Official or any employee in the enforcement of this Title, or similar Uniform Codes adopted by the City, except the Model Traffic Code, and to hear and decide all matters referred to it, or upon which it is required to pass under this Title or any amendment hereto. Section 3. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 16, Chapter 2, Section 3, Subsection G , entitled Notice Requirements of the Englewood Municipal Code 2000, to read as follows: 16-2-3(G). Notice Requirements. 1. Published Notice. Notice shall be by one (1) publication on the City's official website or in the newspaper designated by City Council as the City's official newspaper at least ten (10) days before any hearing before the Council, the Commission, or the Board. The City shall be responsible for all required published notices, and for providing evidence of timely published notice at the time of the hearing or consideration. 2. Posted Notice . The property shall be advertised by posting for not less than ten (10) consecutive days prior to a hearing before the Council, the Commission, or the Board; provided, however, that where the case does not involve a specific property, no posted notice shall be required. A posted notice shall consist of a sign not less than twenty- two inches (22") by twenty-eight inches (28") in size, located not less than four feet (4') above ground level in a conspicuous place, with letters not less than one inch (l ") in height in black paint, which letters can be read from the adjoining street right-of- way. The applicant shall be responsible for complying with posted notice provisions and for providing evidence of timely posted notice at the time of the hearing or 3 ' consideration. All required posted notices shall remain in place until after the date of the hearing or consideration, and shall be removed by the applicant within seven (7) days after the hearing or consideration. 3. Mailed Notice. a. Mailed Notice to Applica nt . The City shall give written notice of the date , time, and place of any scheduled hearing to the applicant in person or by first class mail. b. Summary of Mailed Notice Requirements. Table 16-2 -3 .1 below summari zes the mailed notice requirements of this subsection, and includes requirement s for: Responsible party for mailing notice, the minimum deadline by which notice must be mailed, the intended recipients and the geographic scope of mai led notice, whether the applicant must provide a mailing list and receipt, and the type of mail service required. c. .Mailed Notice of Neighborhood Meeting and Certain Public Hearings . Whenever a mailed notice is required by Table 16-2-3 .1, the applicant shall mail written notification of the neighborhood meeting or hearing at least ten (10) days prior to • the me eti ng or hearing to occupants and property owners within one thousand feet • ( 1,000') of the perimeter of the proposed development. Notification shall be sent to property owners of record from data available within thirty (30) days before the required mailing date from the Arapahoe County Clerk and Recorder's Assessor's office. d. Mailed Notice for Conditional Use Telecommunications Towers and Antenna(:,,). At least ten (10) days prior to the first public hearing on any request for a conditional use permit for a telecommunications tower or antenna(s), the applicant shall provide written notice to all occupants and property owners within one thousand feet (1 ,000') of the property boundary of the site upon which the tower or antenna(s) are proposed to be located. Notification shall be sent to property owners of record from data available within thirty (30) days before the required mailing date from the Arapahoe County Clerk and Recorder's Assessor's office. e. Proof of Mailing Required. Whenever mailed notice is required according to this subsection, the applicant shall provide a mailing list to staff and certify that letters were mailed via the U.S. Postal Service to the listed addresses within the time frame specified in Table 16-2-3.l below prior to the meeting or hearing. A USPS receipt shall be attached to the certification. 4 • • PUD, TSA, other Applicant 10 Property 1,000 feet Yes 1st Rezoning (prior to owners of radius Class Neighborhood neighborhood record [1] measured Mail Meeting meeting and and from Planning and Occupants boundary Zoning lines of Commission subject parcel hearing) Major Subdivision Applicant 10 Property 1,000 feet Yes 1st (prior to owners of radius Class neighborhood record [1] measured Mail meeting and and from Planning and Occupants boundary Zoning lines of Commission subject parcel hearing) • Conditional Use for Applicant 10 prior to Property 1,000 feet Yes 1st Telecommunication Planning and owners of radius Class Facility Zoning record [1] measured Mail Commission and from hearing Occupants boundary lines of subject parcel Notes to Table: [1] Property owners of record at the Arapahoe County Clerk and Reeorder's Assessor's office from data available within thirty days (30) before the required mailing date . • 5 Section 4. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 16 , Chapter 5, Section 1, Subsection C, entitled Table of Allowed Uses of the Englewood Municipal Code 2000, to read as follows: 16-5-l(C): Table of Allowed Uses. Group Living • Group living facility, large/ special RESIDENTIAL USES • C C C C C P P 16-5-2 .A.1 • • • • Group living facility, small p p p p p p p p p p p p p 16-5-2 .A.1 Small treatment center C C C C C p p 16-5-2 .A.l Household Living Live/work dwelling p p p p L L 16-5-2 .A.2 Manufactured home park p 16-5-2.A.3 Multi-unit dwelling p p p p p p p p p p 16-5-2 .A.4 16-6-1.C.4 One-unit dwelling p p p p p p p p p p 16-5 -2.A.5 · 16-5-2.A.6 One-unit dwelling on a small p p p p p p p p p p 16-5-2.A.6 lot Boarding or rooming house C C C C C C C 16-5-2.A.7 PUBLIC/INSTITUTIONAL USES 7 Animal Shelter Not-for-profit animal shelter p p Emergency Temporary Shelter Housing shelter, food shelter C C Government and City All other buildings and p p p p p p p p p p p p p p p facilities not specified under the public/institutional uses category Library Public p p p p p Museum/Cultural All uses p p p p p p p Park and Open Space Athletic field C C C C C C C C C p p Community garden C C C C C C C C C C C Park p p p p p p p p p p p p p p p Religious Assembly Religious institutions and p p p p p p p p p p L L L L L • • • • • associated accessory uses School Education institution p p p p p p p p p p p p C Telecommunication Facility Alternative tower structure p p p p p p p p p p p p p p p (See Chapter 16-7, "Te lecommunications, "for applicable us e-related guidelin es Antenna(microwave antenna, p p p p p p p p p p p p p p p and standards) sectorized panel antenna, whip antenna) Tower structure C C C C C C C C C C C C C p p Transportation Facility RTD maintenance facility p p Transit center p Utility Facility(not including Major utility facility p p 16-5-2 .B.l Telecommunication Facility) Minor utility facility (as a C C C C C C C C C C C C C C C principal use of land) 9 COMMERCIAL USES Adult Use All types as defined in p p 16-5-2 .C .1 Chapter 16-11 Agricultural Use Greenhouse/ nursery, raising p p 16-5-2 .C.2 of plants , flowers, or nursery stock Animal Sales and Service Animal shelter p p Kennel/day care L p p Pet store (live animal sale) p p p p p p Small animal veterinary L L p C p p hospital or clinic Assembly Assembly hall or auditorium, p p p C p p hall rental for meetings or social occasions • • • • • • Membership organization p p p C p p (excluding adult use) Dependent Care Dependent care center (less C C C C C p p p p p p p C 16-5-2 .C.7 than 24-hour care,any age) Entertainment/ Amusement: Amusement establishment C C C C C C Indoor Hookah lounge p p p p p Physical fitness center/spa p p p p p p Theater and p p p p p performance/ concert venue, not including adult entertainment Entertainment/ Amusement: General outdoor recreation C C C Outdoor Financial Institution Check cashing facility p p p p 11 F inancial institution, with L p p drive-through service Financial institution, without p p p p p p drive-through service Food and Beverage Service Brewpub p p p p p p Caterer p p p p Microbrewery p p p Restaurant, bar, tavern with p p p p p p or without outdoor operations Restaurant, with drive-L p p through service Take out and delivery only p p p • • • • • Medical/Scientific Service Clinic p p p p p p p p p Hospital p p p p p p Laboratory ( dental, medical p p p p p p p p p p or optical) Medical Marijuana Medical marijuana center p p p p p 16-5-2.C.13 16-5-4 .C.1.f Medical marijuana optional A A A p p 16-5-2 .C. l 3 premises cultivation 16-5-4.C . l .f operation Medical marijuana infused A A A p p 16-5-2 .C.13 products manufacturer 16-5-4 .C.1 .f Office Office, type 1 (general) p p p p p p p p p Office, type 2 (limited) p p p p p p p p p p 16-5-2.C.8 13 Retail Sales and Service Crematorium C (Personal Service) Dry cleaner, drop-off site p p p p p p only Instructional service p p p p p Massage therapy p p p p p p p p Mortuary p p Personal care p p p p p p Service: photography studio p p p p p p and photo lab, upholstery, printer, locksmith, tailor Tattoo and body-piercing p p establishment • • • • • • Temporary employment C C 16-5-2.C.11 business Retail Sales and Service Equipment rental L p p (Repair and Rental) Repair shop (not including p p p p p p auto) Retail Sales and Service (Sales) Antique store p p p p p p Art gallery p p p p p p Auction house p p p Buy-back, second-hand, p p p p thrift, consignment stores, large Buy-back, second-hand, p p p p p thrift, consignment stores , small 15 Convenience store p p p p p Grocery/specialty food store p p p p p p Internet sales location p p p p Liquor store p p p p p p Pawnbroker p p 16-5-2 .C.1 0 Retail sales, general p p p P!C p p ForTSA, merchandise p ifs 20,000 sq. ft., Cif > 20,000 sq . ft . of gros s leasable floor area School Trade or business school p p p C p p 16-5-2.C.12 • • • • • • Studio Radio/television broadcasting p p p p studio, recording/film studio Vehicle and Equipment Automobile pawnbroker p p p 16-5-2 .C.10 Automotive sales, rental L p p 16-5-2 .C .3 Automotive service and p p 16-5-2.C.4 repair, including body or fender work Automotive service and L p p 16-5-2 .C.4 repair, not including body or fender work Automotive service station L p p 16-5-2 .C.5 (gasoline facility) Car wash, auto detailing L L L 16-5-2.C.6 16-5-2.C.4 Commercial storage of p p 16-5-2.C.3 17 operable vehicles Fuel dispensing L p p Parking facility, structure C C C C L L C p p 16-5-2.C.3 ( operable vehicles), principal 16-5-2 .C.14 use Parking area, surface C C C C L L C p p 16-5-2.C .9 ( operable vehicles), principal 16-5-2 .C.3 use Recreational vehi cles and L p p boats, sales or rental Visitor Accommodation Bed and breakfast p p p Hotel p p p p p Hotel, extended stay p p p • • • • • Wholesale Sales and distribution p p MANUFACTURING/INDUSTRIAL USES Industrial Service Industrial service, light C p p 16-5-2.D.3 (TSA only) Industrial service, heavy p Manufacturing, Including Manufacturing, light C p p 16-5-2.D.4 Processing, Fabrication, (TSA only) or Assembly Manufacturing, heavy p W a rehouse/ Storage Fuel storage (principal use) L Mini-storage facility p p Moving and storage p p 19 Outdoor storage p p ¼4- 7.K.3c(5) 16-6-7.G Storage yard for vehicles, p p 16-5-2 .D.6 equipment, material, and/or supplies Warehousing and/or storage p p Waste/Salvage Automobile wrecking/ C p 16-5-2.D.1 salvage yard Commercial incinerator C Hazardous waste handling C C 16-5-2.D.2 Recycling operation, all p p 16-5-2 .D .5 processing occurs within enclosed structure • • • • • Recycling operation, some or C C 16-5-2.D.5 all processing occurs outside an enclosed structure Sanitary service C Waste transfer station (not C C including hazardous waste) ACCESSORY USES -See Section 16-5-4 for additional regulations Home Care Accessory Uses Adult dependent care C-A A A A A A A A A (Accessory to Principal One-Unit A Dwelling Uses Only) Family child care home C-A A A A A A A A A A Infant/toddler home C-A A A A A A A A A A Large child care home L-L-L-L- A A A A 21 Other Accessory Uses Caretaker's quarter A A A A A A Dormitory A A A Home occupation A A A A A A A A A A 16-5-4.C.l Minor utility facility (as L-L-L-L-L-L-A L-A L-A L-L-A L-L-L-L-L-16-5-2.B.l accessory use of land) A A A A A A A A A A A Parking area (surface) A A A A A A A A A A A 16-5-4.C .2 Parking garage (structure) A A A Satellite dish antenna A A A A A A A A A A A A A A A 16-5-4.C .3 Service units or facility A A A A A 16-5-4.C.4 Swimming pool A A A A A A A A A A A A A A A 16-5-4.C.5 • • • • Wholesale sales and A A A A 16-5-4.C.6 distribution TEMPORARY USES -See Section 16-5-5 for additional regulations Car wash T T T T T T T T T T T T T T T Expansion or replacement of T T T T T T T T T T T T T T existing facilities Farmers market T T T T T T Food vendor carts T T T T T T T Mobile storage (with or T T T T T T T T T T T T T T T without building permit) Real estate sales or leasing T T T T T T T T T T T T T T T office ( also model homes) 23 Outdoor sales ( e.g ., tent sales , T T T T T T parking lot sales , seasonal sales, windshield repair, sales from. reta il vendor carts , etc.) Special event (e .g ., carniv al , T T T T T T T T T T T T T T T bazaar, fair) Tents, canopies T T T T T T T T T T T T T T T USES NOT MENTIONED See 16-5-1.B for procedures and criteria for appro ving unlisted uses , including unlisted accessory and temporary u se s . • • • • • • Section 5 . The City Council of the City of Englewood, Colorado hereby authorizes amending Title 16, Chapter 6, Section 1, Subsection B, entitled Summary Table of Dimensional Requirements for Principal Uses and Structures of the Englewood Municipal Code 2000, to read as follows: Summary Table of Dimensional Requirements for Principal Uses and Structures. All principal structures and uses shall be subject to the intensity and dimensional standards set forth in the following Table 16-6-1.1. These standards may be further limited by other applicable sections of this Title. Additional regulations for the residential districts, and special dimensional regulations related to lot area, setbacks, height, and floor area are set forth in the subsections immediately following the table . Rules of measurement are set forth in subsection 16-6-1.A EMC. Dimensional requirements for accessory structures are set forth in subsection 16-6-1.I EMC . R-1-A District One-Unit Dwelling One-Unit Dwelling on a Small Lot [5] All Other Allowed Uses 9,000 6,000 [4] 24,000 None 35 None 40 None 35 25 75 32 25 7 20 50 32 25 5 20 200 32 25 25 25 R-1-13 Di strict • One-Unit 7,200 None 40 60 32 25 5 20 Dwelling One-Unit 6,000 None 40 50 32 25 5 20 Dwelling on a [4] Small Lot [ 5] All Other 24,000 None 40 200 32 25 25 25 Allowed Uses R-1-C District One-Unit 6,000 None 40 50 32 25 5 20 Dwelling One-Unit 4,500 None 35 37 32 25 3 20 • Dwelling on a [4] Small Lot [ 5] All Other 24 ,000 None 40 200 32 25 25 25 Allowed Uses R-2-A District One-Unit 6,000 None 40 50 32 25 5 20 Dwelling One-Unit 4,000 None 35 40 32 25 3 20 Dwelling on a Small Lot [5] Multi-Unit 3,000 per None 40 25 per 32 25 5 20 Dwelling unit • 26 • (Maximum2 unit [4] units) All Other 24,000 None 60 200 32 25 25 25 Allowed Uses R-2-B District One-Unit 6,000 None 40 50 32 25 5 20 Dwelling One-Unit 4,000 None 35 40 32 25 3 20 Dwelling on a Small Lot [ 5] Multi-Unit 3,000 per None 60 25 per 32 25 5 20 Dwelling unit unit • (Maximum [4] Units Based on Lot Area & Lot Width) All Other 24,000 None 60 200 32 25 25 25 Allowed Uses MU-R-3-A District One-Unit 6,000 None 40 50 32 25 5 20 Dwelling One-Unit 4,000 None 35 40 32 25 3 20 Dwelling on a Small Lot [5] Multi-Unit 3,000 per None 60 25 per 32 25 5 25 • Dwelling unit (Maximum 27 Units Based on unit [4] Lot Area & • Lot Width) Private 12 ,000 None 70 None n/a 25 15 15 Off-Street Parking Lots Office, Limited 15,000 1.5 50 None 32 25 15 25 (Excluding the gross floor area of parking structures) All Other 24,000 None 60 200 32 25 25 25 Allowed Uses MU-R-3-B District (See Additional Regulations Following the Table) • One-Unit 6,000 None 40 50 32 15 5 20 Dwelling One-Unit 4,000 None 35 40 32 25 3 20 Dwelling on a Small Lot [ 5] Multi-Unit 2-4 units : None 75 None 2-4 15 2-4 25 Dwelling 3,000 per units: units: 5 (Maximum unit; Each 32 More Units Based on additional More than4 Lot Area & Lot unit over 4 than4 units: 15 Width) units: 1,000 units: per unit [ 4] 60 Office, Limited 24,000 1.5 75 None 60 15 15 [3] 25 (Excluding the gross floor area of parking • 28 • structures) All Other 24,000 None 75 None 60 15 15 25 Allowed Uses [4] MU-R-3-C District (See Additional Regulations Following the Table) One-Unit 6 ,000 None 40 50 32 15 5 20 Dwelling One-Unit 4 ,000 None 35 40 32 15 3 20 Dwelling on a Small Lot [5] Multi-Unit 6 ,000 None 75 None 40 15 5 20 Dwelling • Office, Limited 6 ,000 None 75 None 40 15 5 20 All Other 24,000 None 75 None 40 15 5 20 Allowed Uses [4] M-1, M-2, M-O-2 Districts (See Table 16-6-1. la) MU-B-1 District (See Additional Regulations Following the Table) Live/Work None None None None 100 0 and no 0 5 Dwelling more than 5 feet Multi-Unit None None None None 100 0 and no 0 5 Dwelling [ 4] more • than 5 29 feet • All Other None None None None 100 0 and no 0 5 Allowed Uses more than 5 feet MU-B-2 District (See Additional Regulations Following the Table) Multi-Unit None None None None 60 0 and no 0 5 Dwelling [4] more than 5 feet All Other None None None None 60 0 and no 0 5 Allowed Uses more than 5 feet • TSA District Please refer to Section 16-6-14 EMC, of this Chapter and the applicable Station Area Design Standards and Guidelines for intensity and dimensional standards. I-1 AND I-2 All Allowed None 2:1 None None None Where a building abuts Uses Except upon, adjoins, or is Manufactured adjacent to a residential Home Parks zone district, minimum setbacks of 10 ft on all sides are required, except as required in Section 16- 6-7.K:.G, "Screening Requirements." • 30 • • • Manufactured See Section 16-5-2.A.3, above. Home Parks Notes to Table: [1] The minimum side setback stated in this table for one-unit attached and multi-unit dwellings shall apply to the entire dwelling structure, and not to each individual dwelling unit located in the structure. [2] The minimum side setback standard for principal residential dwellings in the residential (R) zone districts, as stated in this Table, shall apply to such dwellings that existed on the Effective Date of this Title. However, principal residential dwellings existing on the Effective Date of this Title, and which as of that date are not in compliance with the minimum side setback standards established in this Table, shall not be considered nonconforming structures due solely to the dwelling's noncompliance with the minimum side setback. Such dwellings are "grandfathered," and shall be considered legal, conforming structures for the purposes of sale and development under this Title and other City building and safety regulations. See Section 16-9-3 (Nonconforming Structures), below. [3] The minimum separation between principal buildings located on the same or adjoining lots, whether or not the lots are under the same ownership, shall be fifteen feet (15'). [4] See Section 16-6-1.C for additional dimensional standards appropriate to the zone district. [5] Small lot of record on or before February 23, 2004 . 31 Section 6. The Cit y Council of the City of Englewood, Colorado hereby authorizes amending Title 16, Chapter 6, Section 4 , Sub section L, entitled Landscaping and Screening of the Englewood Municipal Co de 2000, to read as fo ll ows : 16-6-4 Off-Street Loading in the MU-B-1 District. Access for loading should be provided off the a lle y; or, if the property has no access to an alley, from the primary street. All other loading requirements in this s ub section shall app ly in the MU-B-1 district. EDITO RS NOTE: 16-6-4, (A) thro ugh (K) contains no changes and is therefore not included here. L. Landscaping and Screening. Off-street parking and loading areas shall comply with the parking area landsc aping requirements in Section 16-6 -7.F EMC, and the screening req uirements for off-street lo ading areas stated in Section 16-6-7.K D. EMC . Section 7. The City Counci l of the City of Englewood , Colorado hereby authorizes amending Title 16, Chapter 6, Section 7, Subsection I, entitled Incentives for Alternative Landscape Materials of the Englewood Municipal Code 2000, to read as follows: EDITORS NOTE: 16-6-4, (A) through (H) contains no cha nges and is therefore not included here . 16-6-7(!). Incentives for Alternative Landscape Materials . ··:1•)J.;~/rRBLE:'-f6°~6-7-'l rncE:&TivEs ·FoR?ALtERNittvEtANDssA.PE:11ATERiALs}1t;r · i\''•~?~t ~•-"-i"":ti. ' ••· .. •:::.,,. • :;::::::!; ~ • •, ~• ,.,,. ·,. : __ ,.-(>, ••• ' ~;:•·••'.;. • .-;.~!,<• .'t<,.-.'u'•'•ll_.! -'',, ''.f'tl'~•!h?l>f~•">-►--'!-·,'.' u4(.',;.• ·',·)-•.'::.•..ti,,~-·!'1,-1,-.,. ,:,' /,:,..~• ~:. •,,•· ""T' ,, ... _·~ ,~.-'-~;,,..•.,~.,~:, ·.; .. Masonry Wall or Decorative Metal Fence 1 Linear Foot 3 Square Feet of RLA Englewood Standard Fence 1 Linear Foot 6 Square Feet of RLA 3' Minimum Height Green Screen with 1 Linear Foot 3 Square Feet of Vines RLA Water Feature 1 Square Foot ofRLA 1 Square Feet of RLA Rooftop Gardens 1 Squ are Foot 0.5 Square Feet of RLA One Gallon Perennial or Groundcover 4 Plants 1 Five Gallon Shrub City Approved Tree Grate with Minimum 1 Tree Grate, Not to Exceed 1 150 Square Feet of 2½" Cal. Street Tree Between Principal Grate per 25 Linear Feet of Lot RLA Structure and Curb Frontage 32 • • • • • • Section 8. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 16, Chapter 11 Section 2(B), "Definition of Words, Terms, and Phrases" of the Englewood Municipal Code 2000 to read as follows: 16-11-2: Definition of Words, Terms, and Phrases. B. Definition of Words, Terms, and Phrases. Caliper: The inch diameter of the trunk of a tree measured siJc inches (6 ") fow feet ( 4') above grade,, for H:e'>v trees. Office, Type 2 (Limited): A specific type of office use. General office types described in definition of "Office, Type 1," that the City finds are compatible within a zone district where the predominant use may be medium to high density residential, or when the office type is proposed to be part of a mixed-use development. Type 2 offices may be mixed with residential uses in the same building ( vertical mixed use) or on the same development parcel (horizontal mixed use). Compatibility shall be evaluated in terms of the proposed office's scale (floor area), hours of operations, parking and loading demand, and typical levels and peaks of customer/client traffic. Limited office types will typically include most professional offices that are open and operating primarily during daytime hours. Type 2 (limited) office does not include offices or clinics that provide medical or dental services, which are classified separately under "medical/scientific services". See definition of "Office". Section 9. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, 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 obtained. Section 10. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. ·1 Section 11. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 12. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well 33 a s for th e purpo se of s ustaining any judgment, decree, or order which can or may be rendered, ent.crcd, or made in such actions, suits, proceedings, or prosecutions. Section 13. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, re ad in full, and pas sed on first reading on the 4th day of March , 2013. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 8u 1 day of March, 2013 . Publis hed a s a Bill for an Ordinance on the City's official website beginning on the 6°1 day of March, 2013 for thirty (30) days. Read by title and passed on final reading on the 18th day of March, 2013 . Publi shed by title in the City's official newspaper as Ordinance No. L, Series of 2013 , on the 22nd day of March, 2013. Publi shed by title on the City 's official website beginning on the 20th day of March, 2013 for thirty (30) days . Ra dy P . Penn, Mayor I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. 2, Series of 2013. 34 • • • • • • COUNCIL COMMUNICATION Date: Agenda Item: Subject: March 4, 2013 11 a iii Ordinance Amending Titles 12 and 16 of the Englewood Municipal Code to Correct Certain Errors and Omissions Initiated By: Staff Source: City Attorney's Office Stewart Fonda, Director of Utilities Alan White, Community Development Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION Staff recommends adoption of a Bill for an Ordinance amending Titles 12 and 16 of the Englewood Municipal Code to correct certain errors and omissions. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Certain errors and omissions in the Englewood Municipal Code (EMC) have been identified during the normal course of using the Code. The attached ordinance amends the EMC to correct these errors and omissions in Titles 12 and 16. The amendments are considered minor housekeeping items. FINANCIAL IMPACT None. LIST OF ATTACHMENTS Proposed Bill for an Ordinance