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HomeMy WebLinkAbout1959 Ordinance No. 022BY AUTHORITY ORDINANCE NO. 22, SERIES OF 1969 FOR AN ORDINANCE GENERALLY AMENDING ORDINANCE NO. 45, SERIES OF 1955, OF THE ORDINANCES OF THE CITY OF ENGLEWOOD, COLORADO, KNOWN AS THE "ZONING ORDINANCE OF THE CITY OF ENGLEWOOD," AND REPEALING ALL ORDINANCES AND PARTS OF ORDI- XANCE S IN CONFLICT HEKEWITH. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Section 5 of Article I of Ordinance No. 45, Series of 1955, of the ordinances of the City of Englewood, Colorado, is hereby amended by adding to the first paragraph thereof the following sentence: "This ordinance is hereby amended by deleting the words "Zoning Board of Adjustment' wherever said words appear therein and inserting in place thereof the wordS •The Board of Adjustment and Appeals,' and by deleting the words 'City Planning Commission' wherever said words ap- pear therein and inserting in place thereof the words 'City Planning and Zoning Commission.'" Section 2. Section 5 of Article I of Ordinance No. 45, Series of 1955, of the ordinances of the City of Englewood, Colorado, is hereby amended by inserting therein the following definition between No. 15 and 16: "15a. CARPORT -- A form of private garage providinK apace for housing or storage of auto110bilea and enclosed on not more than two (2) aides by walls. The dimensions determining the overall size of the carport shall be measured from the extreme edge of any part of the building." Section 3. Subsection 25 of Section 5 of Article I of Ordinance No. 45, Serles of 1955, of the ordinances of the City of Englewood, Colorado, is hereby amended by deleting the existing definition of "Family" and sub- stituting therefor the following: "25. FAMILY -- a. An individual or two or more persons related by blood, marriage or adoption living together as a single house- keeping unit and doing their cooking in a single kitchen on the premises in a dwelling unit; or b. A group of not more than three (3) persons of the same sex, who need not be related by blood, marriaKe or adoption, living together as a single housekeeping unit in a one-family dwelling as defined in Article I, Section 5, 23, (2) of Ordinance No. 45, Series of 1955; in either case, exclusive of usual servants." Section 4. Subsection 30 of Section 5 of Article I of Ordinance No. 45, Series of 19"55; of the ordinances of the City of Englewood, Colorado, is hereby amended by adding to the existing definition the following sentence: "All care and repair, including dismantling, herein permitted shall be carried on entirely inside a building." Section 5. Section 5 of Article I of Ordinance No. 45, Series of 1955, of the ordinances of the City of Englewood, Colorado, is hereby amended by inserting therein the following definition between Subsections 30 and 31: "30a. 9ASOLINE AND OIL SERVICE STATIONS (FILLING STATIONS) -- A filling station for the sale at retail of gaso- line and oil and other automotive fuel and lub- rication products normally used in automotive vehicles. No vehicle before, during or after servicing shall be stored in any portion of dedicated public right- of-way." Section 6. Section 5 of Article I of Ordinance No. 45, Series of 1955, of the ordinances of the City of Englewood, Colorado, is hereby amended by inserting therein the following definition between Subsections 46 and 47: 205 11 46a. MACHINE SHOP -- A building containing machinery for the manufacture, modification or repair of metal goods and automotive equipment. Such use must be conducted entirely inside a building and does not include the dismantling of automotive vehicles." Section 7. Subsection 62 of Section 5 of Article I of Ordinance No. 45, Series of 1955, of the ordinances of tbe City of Englewood, Colorado, is hereby amended by deleting the existing definition and substituting there- for the following: 11 62. PUBLIC .NOTICE -- Notice by one publication in the cff icial newspaper of the City at least fifteen (15) days before any hearing, or before consideration of any other mat- ters about which notice is required. In addition, all rezoning hearing, and such cases that directly affect abutting or adjoining property and any other hearings required by this ordinance shall be further advertised by posting of the property subject to change, for fifteen (15) consecutive days prior to the hearing or consideration of the case. Such posting shall consist of a sign three feet by four feet in size, located four feet above ground level in a conspicuous place, reading in letters intel- ligible from the adjoining street right-of-way." Section 8. Subsections l and 2 of Section 4 of Article II of Ordi- nance No. 45, Series of 1955, of the ordinances of the City of Englewood, Colorado, are hereby amended by deleting the existing wording and substitu- ting therefor the following: "SECTION 4 --APPEAL APPLICATION FEES 1. 2. Any person making appeal to the Board of Adjustmait and Appeals shall deposit at the time of appeal a sum determined by the Board as necessary to pay for reasonable costs of such appeal. Any person applying to the City Planning and Zon- ing Commission for Zoning Amendments shall deposit with application for amendment a sum determined by the Commission as necessary to cover cost for pro- cessing said amendment and for advertising costs, but in no event shall such sum be less than $25.00." Section 9. Subsections l and 2 of Section 5 of Article II of Ordinance No. 45, Series of 1955, of the ordinances of the City of Engle- wood, Colorado, are hereby amended by deleting the existing wording and substituting therefor the following: "SECTION 5 --RULES OF PROCEDURE Each Board or Commission shall adopt rules concerning all proceedings before it. Such rules shall provide, among other things, that: 1. All hearings shall be held at such time and place as designated by the Board or Commission. 2. Notice shall be given for all bearings as provided in Article I, Section 5, Subsection 62." Section 10. Subsection 7 of Section 2 of Article II of Ordinance No. 45, Series of 1955, of the ordinances of the City of Englewood, Colorado, is hereby amended by deleting the existing wording and substituting therefor the following: 11 7. APPEALS FROM .THE DECISIONS OF THE BUILDING INSPECTOR Appeals to the Board of Adjustment and Appeals with respect to interpretations and decisions of the Building Inspector in zoning requirements may be made by any person aggrieved or by any officer, department, board or commission of the City affected by any decision of the Building Inspector. Such appeal shall be made within a resonable time, as provided by the rules of the Board, by filing with the Building Inspector and with the Board of Adjust- ment and Appeals a notice of appeal specifying the grounds thereof. The Building Inspector shall forth- with transmit to the Board all of the papers consti- tuting the record upon which the action appealed from was taken. 11 I I I Section 11. Subsections 1, 2, 4 and 5 of Section 6 of Article II of Ordinance No. 45, Series of 1955, of the ordinances of the City of Englewood, Colorado, are hereby amended by deleting the existing wording and substituting therefor the following: "SECTION 6 --ORGANIZATION OF THE BOARD OF ADJUSTMENT AND APPEALS. l. MEMBERS -- . There is hereby created a Board of Adjustment and Appeals consisting of five members appointed by the City Council, and serving overlapping terms of four years. Members shall be qualified taxpaying elec- tors, residents of the City at least one year immed- iately prior to the date of their appointment, and shall hold no other office or position in the City administration. 2. TERMS OF OFFICE One member shall be appointed to serve until February l, 1960; one member to serve until February l, 1961; one member to serve until February l, 1962; and two members to serve until February l, 1963. Hereafter all members of the Board of Adjustment and Appeals shall be appointed for four-year terms. 4. REMOVAL OF MEMBERS All members of the Board of Adjustment and Appeals shall be subject to removal by the appointing · authority. 5. OFFICERS -- The members of the Board shall elect from among their members a Chairman and a Vice-Chairman to serve for a term of one year. The City Manager shall designate a Recording Secretary for the Board, who shall sign documents Ge .. :collmD,cae~onS 'J frbm :: the Board 'by order of the Board of Adjustment and Appeals.'" Section 12. Subsection 11 of Section 6 of Article II of Ordinance No. 45, Serles of 1955, of the ordinances of the City of Englewood, Colorado, is hereby amended by adding thereto the following: ''The findings and decisions of the Board shall be final, subject only to judicial review." Section 13. Subsection 3 of Section 1 of Article II of Ordinance No. 45, Serles of 1955, of the ordinances of the City of Englewood, Colorado, is hereby amended by deleting the existing wording and substituting therefor the following: 11 3. INTERPRETATION -- The Board is authorized to interpret the provisions of this ordinance, and when deemed necessary by the Board, submit reports to the City Planning and Zon- ing Commission and the City council suggesting amend- ments to the ordinance to clarify the intent and pur- pose of any section, article or paragraph on which it has occasion to rule." Section 14. Sections 2 and 3 of Article III of Ordinance No. 45, Series of 1955, of the ordinances of the City of Englewood, Colorado, are hereby amended by deleting the existing wording and substituting therefor the following: "SFX:TION 2 --INITIATION OF CHANGE A proposed change of zone may be submitted by the City Council, the City Planning and zoning Com- mission or the Board of Adjustment and Appeals, without fee, or by an application with proper fee, by one or more of the owners of property within the area proposed to be changed. "S~TION 3 --CHANGING THE ORDINANCE l. The Planning and Zoning Commission shall meet to consi der proposed changes or amendments to the Zoning Ordinance and map at such times and places as established by rules and regulations of the Commission, and after public notice of hearing. 20··7 2. The Planning and Zoning Commission may recommend approval or disapproval of a change, either in whole cm. in part. Recommendations in conformity with such approved changes shall be presented to the City Council and an ordinance embodying such changes, in whole or in part, may be adopted by the City Council after public 1hea ring thereon. A favorable vote of two-thirds of the entire membership of the City Council shall be necessary in the event oi adoptiong by the City Council of such recommendations in part when such partial adoption baa not been recommended by the Planning and Zoning Commission. 3. In the event the Planning and Zoning Commission recommends against a change in the ordinance, either in whole or in part, a report thereon shall be made to the City Council. The applicant, if dissatisfied with the recommendations and report of the Commission, may appeal to the City council, and the City Council shall thereupon review the recommendation and report of the Planning and Zon- ing Commission. On such appeal, the City Council may, after public bearing, aake such change in said ordinance, but only by a favorable vote of two-thirds (2/3) of its entire membership. 4. In case of a protest against any changes in the ordinance or map, signed by the owners of 20% or more of the area of the lots included in such proposed change, or of those immediately adja- cent in the rear thereof extending 100 feet there- from, or of those directly opposite thereto, ex- such amendment shall not I become tending 100 feet from the street frontage of such opposite lots, effective except by the favorable vote of three- fourths (3/4) of all the members of the City Council." Section 15. Subsection 13 of Sections 2, 3, 4, 5, 6 and 7 Article IV of Ordinance No. 45, Series of 1955, of the ordinances of City of Englewood, Colorado, is hereby amended by adding thereto the ing paragraph: "(c) No use shall be permitted within the district that emits an obnoxious or dangerGus degree of heat, glare, radiation, or fumes, or undue or excessive noise beyond any boundary line of the lot upon which the use is located.~ of the follow- Section 16. Subsection 15 of Sections 8 and 9 of Article IV of Or- dinance No. 45, Serles of 1955, of the ordinances of the City of Englewood, Colorado, is hereby amended by adding thereto tbe following paragraph: "(b) No use shall be permitted within the district that emits an obnoxious or dan1erous degree of heat, glare, radiation, or fumes, or undue or excessive noise beyond any boundary line of the lot upon which the use is located.~' Section 17. Subsection 13 of Section 5 of Article IV of Ordinance No. 45, Serles of 1955, of the ordinances of the City of Englewood, Colorado, is hereby amended by adding thereto the following paragraph: "(c) The housing of not more than one (l) non- transient roomer or boarder in any single-family dwelling sball be permitted, provided no sign shall be displayed, and no separate cooking faci- lities shall be maintained in connection with such accessory use." Section 18. Subsection 13 of Sections 6 and 7 of Article IV of Or- dinance No. 45, Serles of 1955, of the ordinances of the City of Englewood,. Colorado, is hereby amended by adding thereto the following paragraph: "(c) The housing of not more than two (2) non-transient roomers or boarders in any conforming single-family dwelling shall be permitted, provided no sign ~ball be displayed, no separate cooking facilities shall be maintained in connection with such accessory use, and no more than one person shall occupr :·any one room as sleeping quarters." Section 19. Subsection 15 of Sections 8 and 9 of Article IV of Or- dinance No. 45, Serles of 1955, of the ordinances of the City of Englewood, Colorado, is hereby amended by adding thereto the following paragraph: I I I "(b) The housing of not more than .two (2) non-transient roomers or boarders in any conforming single-family dwelling shall be permitted, provided no sign shall be displayed, no separate cooking facilities shall be maintained in connection with such accessory use, and no more than one person shall occupy any one room as sleeping quarters." Section 20. Subsection 3 (b) (2) (a) of Section 9 of Article IV of Ordinance No. 45, Series of 1955, of the ordinances of the City of Englewood, Colorado, is hereby amended by deleting the words "360 sq. ft." and substi- tuting therefor the words "450 sq. ft." Section 21. Subsection 5 (b) of Section 9 of Article IV of Ordi- nance No. 45, Serles of 1955, of the ordinances of the City of Englewood, Colo- rado, is hereby amended by deleting the words "50 ft." and substituting there- for "100 ft." Section 22. Subsection 8 (b) (1) of Section 9 of Article IV of Ordi- nance No. 45, Series of 1955, of the ordinances of the City of Englewood, Colo- rado, is hereby amended by deleting the words "5 ft." and substituting therefor the words "10 ft." Section 23. Section 4 of Article VI of Ordinance No. 45, Series of 1955, of the ordinances of the City of Englewood, Colorado, is hereby amended by adding thereto the following paragraph: "(h) REQUIRED OFF-STREET PARKING SPACES IN RESIDENTIAL DISTRICT Required off-street parking spaces in residential districts shall not be provided in areas required as minimum front yard. (See definition of 'Lot Lines' and 'Yards, ' Article I, Section 5·, Nos. 46, 'Lot Lines,' and 77, 'Yards,' respectively)." Section 24. Subsection (a) (1) of Section 5 of Article VI of Ordi- nance No. 45, Series of 1955, of the ordinances of the City of Englewood, Colo- rado, is hereby amended by adding thereto as a part of the first sentence the following words: "or fraction thereof." Section 25. Section 12 of Article VI of Ordinance No. 45, Series of 1955, of the ordinances of the City of Englewood, Colorado, is hereby amended by adding thereto the following paragraph: "(b) On a corner lot in a residential district, nothing shall be permitted that will prennt a .t clear, unob- structed view above a horizontal plane three and one- half (3!) feet above the top of the curb of a triangle area determined by the intersection curb lines and a straight line joining said curb lines at points wb~cb are 25 feet distant from the point of intersection of the curb lines, measured along said curb lines. The only exception shall be utility company poles and traffic regulatory devices." Section 26. All ordinances and parts of ordinances in conflict here- wi tb are hereby repealed. Passed on First Reading by the City Council of the City of Englewood, Colorado, this 15th day of June, A.D. 1959, and ordered published in full in the Englewood Herald and Enterprise. Passed on Final Reading by the City Council of the City of Englewood, Colorado, this 6th day of July, A.D. 1959, and ordered published in full in the Englewood Herald and Enterprise. 2~£[~ Mayor ~~~ ATTEST: ---) \ ) _ _L' _,,,/ -/_C L" (_ v-· -,----CJ:l;y~CTerk 209