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AS AMENDED 7-13-09
O-2009-32
AN ORDINANCE
AMENDING ARTICLE 17-16 OF THE LAKEWOOD MUNICIPAL CODE RELATING TO THE EFFECTS OF ACQUISITIONS FOR, OR CONSTRUCTION OF, PUBLIC PROJECTS; FURTHER DECLARING AN EMERGENCY.
WHEREAS, public projects may result in existing properties and structures becoming nonconforming; and
WHEREAS, the existing ordinance that addresses the effects of nonconformance caused by public projects imposes time and effort on property owners; and
WHEREAS, there are active public projects currently in the City that generate such impacts on property owners; and
WHEREAS, this amendment to Article 17-16 of the Zoning Ordinance is intended to reduce uncertainty and ensure that existing parcels and structures remain conforming, when appropriate; and
WHEREAS, the amendment to Article 17-16 will allow property owners affected by public projects to proceed either under the existing provisions of Article 17-16-9 or under new provisions designed to simplify the process for property owners; and
WHEREAS, it is necessary that this ordinance take effect immediately to assist property owners affected by the Regional Transportation District’s West Corridor FasTracks project.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Lakewood, Colorado, that:
SECTION 1. Article 17-16-9 of the Lakewood Municipal Code, is hereby repealed and readopted as follows:
17-16-9. PROPERTY AFFECTED BY ACQUISITIONS FOR OR CONSTRUCTION OF PUBLIC PROJECTS:
(1) If, as a direct result of a public project, a parcel and/or structure would become non-conforming with regard to any applicable zoning standard, the owner of the real property so affected may elect, one time and in writing, to proceed under either Subsection (2) or Subsection (3), below.
(2) If a portion of a parcel of land is taken for public use such that the remaining portion of the parcel does not conform to the requirements of this Ordinance, the following shall apply:
(a) If the taking causes a variance of no greater than twenty (20) percent in one or more numerical requirements, then the use shall be considered a legal, conforming use and a permanent variance shall be granted by the Board of Adjustment.
(b) If the taking of land causes a variance of more than twenty (20) percent in one or more numerical requirements and, in the judgment of the Board of Adjustment, would not create a hazardous situation or be otherwise unreasonable, the use shall be considered a legal nonconforming use and shall be subject to the applicable nonconforming use regulations set forth in this Article 16.
(3) If, as a direct result of a Public Project, a parcel and/or structure would become non-conforming with regard to any applicable zoning standard, said standard shall be adjusted as follows. The extent of the adjustment shall be the minimum amount necessary to ensure the existing parcel and/or structure conforms to said standard. The adjustment shall be effective upon completion of the property acquisition and/or construction that would have made the parcel and/or structure non-conforming. The change shall apply only to the affected parcel and/or structure.
(a) Adjustments to zoning standards pursuant to this Subsection (3) shall no longer apply to any parcel that is rezoned after the application of this Subsection. However, this Subsection (3) shall again be applied should an additional Public Project occur after said rezoning.
(b) Future modifications shall be allowed to any parcel and/or structure to which this Subsection (3) applies, provided the property has not been rezoned after the Public Project occurs, if the modifications comply (i) with the zoning standards in effect at the time of the Public Project as modified by this Subsection; and (ii) with all other City requirements applicable at the time of the modifications. Notwithstanding the foregoing, future modifications to a structure to which 17-16-9(1) applies are subject to the following restrictions:
(1) If a structure is intentionally modified, damaged, demolished or destroyed to the extent of more than sixty percent (60%) of its value any modifications must comply with the zoning standards in effect at the time of the modifications. For purposes of this paragraph, the structure’s value shall be as determined by the method of valuation of buildings for permit issuance in the adopted Building Code.
(2) If a structure is intentionally modified, damaged, demolished or destroyed to the extent of sixty percent (60%) or less of its value and the Director determines that the proposed modification would create a hazard to the public health, safety or welfare, the Director may deny the proposed modification. Any such denial may be appealed to the Board of Adjustment in accordance with Section 17-4-6 of this Code. For purposes of this paragraph, the structure’s value shall be as determined by the method of valuation of buildings for permit issuance in the adopted Building Code.
SECTION 2. Section 17-6-1 of the Lakewood Municipal Code is hereby amended to add the following:
17-16-1. ADMINISTRATION AND DEFINITIONS.
SECTION 3. EMERGENCY CLAUSE. This ordinance is necessary for the immediate preservation of the public peace, health and safety in order that it will apply to the properties affected by the Regional Transportation District’s West Corridor FasTracks project and shall take effect upon the Mayor’s signature.
I hereby attest and certify that the within and foregoing ordinance was introduced and read on first reading at a regular meeting of the Lakewood City Council on the 22nd day of June 2009; published by title in the Denver Post and in full on the City of Lakewood's website, www.lakewood.org., on the 25th day of June 2009; set for public hearing on the 13th day of July 2009; read, finally passed and adopted by the City Council on the 13th day of July, 2009, and signed, and approved by the Mayor on the 14th day of July, 2009.
Bob Murphy, Mayor
ATTEST:
Margy Greer, City Clerk
APPROVED AS TO FORM:
Timothy P. Cox, City Attorney
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