HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/15/2020 - FIRST READING OF ORDINANCE NO. 161, 2020, MAKING V Agenda Item 14
Item # 14 Page 1
AGENDA ITEM SUMMARY December 15, 2020
City Council
STAFF
Noah Beals, Senior City Planner/Zoning
Brad Yatabe, Legal
SUBJECT
First Reading of Ordinance No. 161, 2020, Making Various Amendments to the City of Fort Collins Land Use
Code.
EXECUTIVE SUMMARY
The purpose of this item is to make amendments to the Land Use Code (“LUC”). There are proposed
revisions, clarifications and additions to the LUC that address specific subject areas that have arisen since the
last update was initiated in the Fall of 2019.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The LUC was first adopted in March 1997. Subsequent revisions have been recommended on a regular basis
to make changes, additions, deletions and clarifications. The proposed changes are offered to resolve
implementation issues and to continuously improve both the overall quality and user friendliness of the LUC.
Additional details regarding the changes are contained in t he attachments to this Agenda Item Summary.
The list of updates is summarized into 25 topics (see attached summary). These include changes to the
following areas:
• Article 1 Section 1.4.9
• Article 2 Sections: 2.1.1
• Article 3 Sections: 3.2.1, 3.2.2, 3.3.2, 3.4.1, 3.5.2, 3.5.4, 3.6.2, 3.8.3, 3.8.7.1, 3.8.7.2, 3.8.16, 3.8.17 and
3.8.28
• Article 4 Sections: 4.4, 4.5, 4.6, 4.7, 4.8, 4.9, 4.10, 4.16, 4.18, 4.19, 4.21, 4.22, 4.23, 4.24, 4.27, 4.28 and
4.29
• Article Section 5.1.2
BOARD / COMMISSION RECOMMENDATION
At the November 5, 2020 regular hearing, the Planning and Zoning Board unanimously recommended that
Council adopt the proposed LUC revisions.
PUBLIC OUTREACH
In preparation for the Planning and Zoning Board public hearing, these revisions were discussed at the July,
August, September and October work sessions of the Planning and Zoning Board. These revisions were
posted on a City webpage dedicated to LUC updates. This webpage allows a reader to view the updates and
Agenda Item 14
Item # 14 Page 2
provide feedback on any of the changes. This webpage was advertised on the "This Week in Development
Review" webpage, and in a weekly online newsletter that is sent to approximately 435 subscribers.
ATTACHMENTS
1. Annual Update Summary (PDF)
1
Delegation of
authority by the
Director
1.4.9(E)
The change to the Land Use Code of defining Director as
the CDNS Director instead of the PDT Director has
brought up the concern of duties that the PDT Director
has delegated authority to staff outside of CDNS (such
as the City Engineer) is now problematic as the CDNS
Director can only delegate to sub-ordinate staff under
this code section.
The proposed solution provides the CDNS Director
the authority to delegate outside of CDNS.
2 Director clarification -
Obsolete references 2.1.1
The current title of “Community Planning and
Environmental Services Director” no longer exists within
the City organization and needs to be updated.
The proposed solution is to delete the obsolete
Director title.
3 Landscaping-
Artificial Turf 3.2.1(E)(2)
Staff has had inquiries and proposals about using
artificial turf. One recent example was The Exchange,
which has a central plaza space that was originally a
lawn area. The Land Use Code does not recognize
special use outdoor areas where artificial turf would be
appropriate.
Edit Section 3.2.1(E)(2) with minor wordsmithing to
recognize such special use outdoor areas, without
any change to the intent of the landscaping
section.
Item
Number Topic LUC Sections Problem Statement Proposed Solution
Annual Land Use Code Update 2020 Summary
Page 1 of 10
ATTACHMENT 1
4 Landscape-
Foundation Planting 3.2.1(E)(2)(d)
A numerical standard requires foundation planting strips
along building walls:
Exposed sections of building walls that are in high-use or
high-visibility areas of the building exterior shall have
planting beds at least five (5) feet wide placed directly
along at least fifty (50) percent of such walls.
Often, this is not the most appropriate treatment
around commercial buildings, where walkways or plazas
abutting the building are more appropriate.
- Where space is limited between buildings and parking
lots, it is often a better solution for walkway paving
extend to the building, and use any landscape space for
trees and any other landscaping in walkway cutouts to
define the walkway as shaded pedestrian space
alongside the building separate from the vehicle use
area, rather than having the walkway framed by car
bumpers on one side and shrubs on the other. As an
example of this point, much of Downtown is
characterized by this arrangement.
Acknowledge commercial walkway situations
where a walkway abutting the building is a more a
appropriate relationship.
5
Landscape
Alternative
Compliance
3.2.1(N)
Alternative compliance is an important part of Section
3.2.1 - Landscaping and Tree Protection. The criteria
listed for a decision maker to consider are not the most
important criteria that should be considered and are not
pertinent in many situations where alternative
compliance is appropriate. More important criteria are
available in other subsections of 3.2.1.
Update the alternative compliance criteria with
more applicable and important criteria, by
referencing language in pertinent subsections.
Page 2 of 10
6
Parking Lot Surfacing
and Trail
connections parking
3.2.2(D)(3)(c)
The LUC Parking Standards requires that parking lots be
surfaced with asphalt, concrete or other material in
conformance with city specifications. This requirement
can be unecessary for park and trail connection parking
lots where a crushed gravel or similar surfacing material
would be more than sufficient for the use and capacity
of the parking area.
Add specific language specifying that city-owned or
other off-street parking lots which are use for
parks or trail connections points may be paved
with
7
Garage door setback
from alley/private
street based on
additional vistor
parking being
provided (if no street-
parking available)
3.2.2(K)(1)(a)
Residential developments that front onto open space
instead of a street, do not provide near-by on-street
parking. Eccessive parking then occurs in the private
alleys, which are usually emergency access easements.
Indicate the number of required parking spaces
that can be in garages, when the project does not
front onto a public street.
8 Archival format of
approved plans 3.3.2(A)(2)
This Section requires reproducible prints be provided to
the City in physical (Mylar) format. The City is
transitioning to these drawings being provided for
approval in electronic format only.
The proposed solution removes the words “Mylar”
and “prints” to not explicitly require a physical
reproducible copy.
9 Wetlands 3.4.1(D)(2)
LUC Section 3.4.D.2 regarding Wetland Boundary
Delineation references four different sets of standards
and guidelines that may be used to establish wetland
boundaries. However, the section goes on to state that
all wetland boundary delineations shall be established in
accordance with the U.S. Fish and Wildlife Service
wetland classification system while The U.S. Army Corps
of Engineers standards and guidelines shall be used to
identify the boundaries of any "jurisdictional wetland."
Clarity is needed for both developers and plan reviewers
regarding which set of standards should be used for any
and all projects in the future.
Removal of references to uncommonly used
standard and guidelines and a consolidation of the
language related to processes which would utilize
the U.S. Army Corps of Engineers’ standard and
guidelines.
Page 3 of 10
10
Connecting
Walkways for
Carriage House
Access
3.5.2(D)(1)(a)
Connecting walkways are required for all developments
except detached single-family dwellings. This has
allowed carriage houses to be built that are difficult to
find and has created limited access to the public
sidewalk for residents. Additionally, this is a concern for
first responders, delivery personnel and other visitors.
Amend the exception for only one single-family
detached dwellings and require addresses to be
visible from the public right of way.
11 Setbacks for Alley
Accessed garages 3.5.2(E)(3)
Residential developments that front onto open space
instead of a street, do not provide near-by on-street
parking. Eccessive parking then occurs in the private
alleys, which are usually emergency access easements.
Clarify that the rear setback applies for
developments that do front on a public street.
12 Large Retail
Establishments 3.5.4
A plan graphic in this Section predates the vision and
standards for incorporating large retail establishments
into a more walkable town pattern, which have been
developed since the original big box retail study and
standards in 1995. A later plan graphic better illustrates
the intended integration into a street and block pattern
as opposed to a self-contained shopping center
surrounded by large parking lots.
Replace the graphic.
Page 4 of 10
13
Delete lot depth
dimension in Section
3.6.2 - Streets,
Streetscapes, Alleys
and Easements
3.6.2(G)
Section 3.6.2 is an engineering-oriented section with
requirements for street facilities. However it contains
one standard requiring lots abutting arterial streets to
be at least 150 feet in depth. This Section is an obscure
location for a lot dimension standard. It is inconsistent
with other standards that allow residential buildings to
be as close as 15 feet from arterials. It could create
complications and confusion with other building and site
planning standards that address plan layouts, lot sizes,
densities, and setbacks (e.g. residential building
standards; supplementary regulations for setbacks and
multi-family and single-family attached development;
some zoning districts.)
It could invite a subdivider to create a tract, presumably
of any size, separating lots from the arterial right-of-
way. Finally, it would intuitively involve single family
residential lots with rear yards along arterials, but does
not state that. It appears to be a vestige of past zoning
codes.
Delete 3.6.2(G).
Page 5 of 10
14
Update the term
"Street Like Private
Drive" to Private
Streets
3.6.2(M)(2) and (N)
The code contains two terms for private streets serve
the purpose of forming building sites. The distinction
between the two terms is not useful and can lead to
misunderstanding or create confusion.
- The term ‘Private Streets’ is a longstanding term with
standards in Section 3.6.2(M). It refers to streets built
to City standards for public streets but retained in
private ownership. It has been used extremely rarely,
and appears virtually irrelevant and unlikely to be used
going forward because it entails all of the cost of public
streets without the benefit of City maintenance.
- The term ‘Street-Like Private Drives’ is a more recent
term with standards in subsection 3.6.2(N)(1)(c). It
refers to street facilities that serve the public purposes
of streets but with more flexibility to tailor design to the
urban design context of development. This provision is
used fairly often and is highly relevant in the City’s
development process.
Refer to all private streets as such -- eliminate the
term ‘Street-Like Private Drives’ and incorporate
those provisions under the term ‘Private Streets’.
This would be consistent with the whole intent for
these facilities, which is to serve as streets for
purposes of building orientation, multi-modal
connectivity, and all other purposes of streets.
15 Home Occupations,
signage 3.8.3(4)
The Home Occupation is prohibited exterior advertising,
with the exception of the identification of the home
occupation. The recent sign code update deleted the
term Home Occupation identification sign and replaced
it with residential sign. It has left the Home Occupation
section of the code unclear as to what type of sign is
allowed.
Replace the sign type in the Home Occupation
section of the code.
Page 6 of 10
16 Obsolete Sign
reference 3.8.7.1(G)(2)(f)
In the prohibited signs and elements of the sign section,
it includes an exception to certain type of sign. This type
of sign was referenced by the code section. The sign
type was not approved and the code section is not
necessary.
Delete reference
17
Sign Code, Applied
Wall-Still 75% Width
of Tenant (max sign
width)
3.8.7.2(B) Table (B)
In the sign section there are different types of signs that
may attach to a building. Most of these sign types do
not have a maximum width. In the Applied or Painted
Wall sign table there is a maximum width. This
restriction was left in place in error, as it was found that
the maximum width for most signs was not necessary.
The width of the sign is usually self-regulated based on
other standards such as the allowed sign square footage
and design of the building facade.
Delete the maximum sign width for the Applied or
Painted Wall sign
Page 7 of 10
18
Sign Section, Clarity
on Primary and
Secondary
Freestanding Signs
3.8.7.2(G) Table
(G)(1)
In the residential sign district there are two different
types of freestanding permanent signs. The first type is
a Primary that is allowed to be 32sf in size and 5ft in
height. The other type is a Secondary and the code
states it be 32sf in size and 6ft in height. The purpose of
most sign standards is to reduce sign clutter. In this case
it was recognized that a second freestanding sign was
necessary. However, the intent of a primary and
secondary sign was to have one be subordinate to the
other. In error the secondary sign dimensions were
equal size and greater in height. Additional clean up to
the table is necessary to bring the freestanding signs in
alignment with the lighting type in the Residential
Neighborhood Sign district. The proximity of this district
to residential uses would direct lighting sources to be
less impactful, the current code allowed any lighting
type.
Amend the Land Use standards to indicate that the
secondary sign is smaller in both size and height to
the primary sign and change the allowable lighting
type in the residential sign district
19 Measuring Building
Height.3.8.17
The measurement of building height for purposes of
height limits has involved some confusion,
interpretation, and the need to refer to Article 5
Definitions for information that would be appropriate in
this Section.
Add more-detailed information on determining
height in stories and feet.
20
Extra
Occupancy"Rental
House" clarification
3.8.28
The Extra Occupancy Rental House regulations do not
specify that the dwelling has to be used as a rental. The
Land Use Code also does not define “house” and that
term is not applicable to the use. The Extra Occupancy
Rental House uses tenant and owner language in
multiple sections of the code. However, we do not
regulate whether it is occupied by owners or renters.
The LMN zone district also has a contradiction as to
what level of review four occupants would go through.
Remove “Rental” and “House” from the title of the
Land Use Code designation and replace all
“tenant” and “owner” language with “occupant”. A
definition of occupant has also been proposed to
be added to align the with existing definition of
occupancy
Page 8 of 10
21
Possibly R-L review
of single family
detached
4.4(B)(1)(a)1
4.4(B)(2)(a)1
Currently, there is confusion regarding what type of
review is required when constructing Single-family
detached dwellings in the Residential Low zone district.
This is due to the fact that the use is included in the
approved use list under both basic development review
and administrative (Type 1) review processes.
Provide language under LUC 4.4. (B) (1) (a) which
clarifies under what circumstances a basic
development review is required Single-family
detached dwellings. The proposed language more
accurately reflects the instances under which basic
development review would be necessary in the
zone district (i.e. creation of a new lot that was not
part of the originally approved site-specific
development plan).
22 RL Accessory
Building height 4.4(D)(2)(e)
LUC 4.4 (D) (e) states the following regarding maximum
permitted building height in the Low Density Residential
Zone District: “Maximum building height shall be twenty-
eight (28) feet for a single-family dwelling, accessory
building, group home or child care center and three (3)
stories for all other uses.” Currently, this means that
accessory building structures can either match the
height, or in some cases, exceed the height of the
primary building structure on the lot. This current
allowance for height is in conflict with the definition for
accessory buildings which states that is shall mean “a
building detached from a principal building and
customarily used with, and clearly incidental and
subordinate to, the principal building or use, and
ordinarily located on the same lot with such principal
building.”
Indicate accessory buildings are not to be
significantly taller than the primary building.
Page 9 of 10
23
Carriage Houses and
Accessory Building in
the NCL, NCM, and
NCB Zone District
4.7, 4.8, and 4.9
These Old Town Neighborhood zoning districts have
detailed size limit standards for new construction of
additional buildings in rear yards. Redundant language
confuses the simple intent for this construction to be
limited to 1½ stories (with any upper floor area
underneath a sloping roof). The overall purpose is for
neighborhood change and evolution to reflect historic
neighborhood scale in careful balance with
contemporary requirements and desires.
The original zoning district standards have had revisions
and additions over the years since they were first
drafted in a special planning process in 1997, and it has
become evident in recent projects that the resulting
state of organization is very difficult to use and
interpret.
The proposed solution consolidates reduntant
standards.
24
Marijuana - Adding
R&D use back into
the Downtown Zone
district
4.16(F)(2)(1)
Within a recent code change, the Downtown Zone
district was expanded. This expansion created
additional sub-districts. Some of these sub-districts
were existing zone districts that included their own list
of permitted uses. One of these new sub-districts is
Innovation. Previous to the Inovation zone district this
area included Medical Marijuana Research and
Development. However, this use was left out
inadvertently creating a nonconforming use.
Restore the Medical Marijuana Research and
Development to the Downtown Innovation zone
district
25 Clarifications to the
PUD regulations 4.29
Council adopted the Land Use Code PUD regulations in
2018 and the PUD regulations have been utilized to
approve one PUD, the Montava PUD, in 2020. During
the extensive review process for the Montava PUD,
several desired clarifications to the PUD regulations
were noted.
At this time, minor edits correcting a title,
grammar and punctuation
Page 10 of 10
-1-
ORDINANCE NO. 161, 2020
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING VARIOUS AMENDMENTS TO THE
CITY OF FORT COLLINS LAND USE CODE
WHEREAS, on December 2, 1997, by its adoption of Ordinance No. 190, 1997, the City
Council enacted the Fort Collins Land Use Code (the “Land Use Code”); and
WHEREAS, at the time of the adoption of the Land Use Code, it was the understanding
of staff and the City Council that the Land Use Code would most likely be subject to future
amendments, not only for the purpose of clarification and correction of errors, but also for the
purpose of ensuring that the Land Use Code remains a dynamic document capable of responding
to issues identified by staff, other land use professionals and citizens of the City; and
WHEREAS, City staff and the Planning and Zoning Board have reviewed the Land Use
Code and identified and explored various issues related to the Land Use Code; and
WHEREAS, at its November 5, 2020, hearing, the Planning and Zoning Board
recommended that Council adopt the Land Use Code amendments set forth in this Ordinance;
and
WHEREAS, the City Council has determined that the recommended Land Use Code
amendments are in the best interests of the City and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 1.4.9(E) of the Land Use Code is hereby amended to read as
follows:
1.4.9 Rules of Construction for Text
. . .
(E) Delegation of Authority. Whenever a provision appears requiring the Director or
some other City officer or employee to do some act or perform some duty, such
provision shall be construed as authorizing the Director or other officer or
employee to designate, delegate and authorize professional-level
subordinatesanother City employee to perform the required act or duty unless the
terms of the provision specify otherwise. With respect to the review of
development applications eligible for Type 1 review, in addition to or in
substitution for delegation to subordinatesCity employees as above authorized, the
Director may engage the services of an attorney with experience in land use
matters.
-2-
. . .
Section 3. That Section 2.1.1 of the Land Use Code is hereby amended to read as
follows:
2.1.1 Decision Maker and Administrative Bodies
The City Council, Planning and Zoning Board, Zoning Board of Appeals and Community
Planning and Environmental Services Director (the "Director") Director are frequently
referenced in this Land Use Code. Reference should be made to Chapter 2 of the City Code for
descriptions of these and other decision makers and administrative bodies, and their powers,
duties, membership qualifications and related matters.
. . .
Section 4. That Section 3.2.1 of the Land Use Code is hereby amended to read as
follows:
3.2.1 Landscaping and Tree Protection
. . .
(E) Landscape Standards. All development applications shall include landscape plans that
meet the following minimum standards:
. . .
(2) Landscape Area Treatment. Landscape areas shall include all areas on the site that
are not covered by buildings, structures, paving or impervious surface, or other
outdoor areas including play areas, plaza spaces, patios, and the like. Landscape
areas shall consist only of landscaping. The selection and location of turf, ground
cover (including shrubs, grasses, perennials, flowerbeds and slope retention), and
pedestrian paving and other landscaping elements shall be used to prevent erosion
and meet the functional and visual purposes such as defining spaces,
accommodating and directing circulation patterns, managing visibility, attracting
attention to building entrances and other focal points, and visually integrating
buildings with the landscape area and with each other.
. . .
(d) Foundation Plantings. Exposed sections of building walls that are in high-
use or high-visibility areas of the building exterior shall have planting
beds at least five (5) feet wide placed directly along at least fifty (50)
percent of such walls, except where pedestrian paving abuts a commercial
building with trees and/or other landscaping in cutouts or planting beds
along the outer portion of the pedestrian space away from the building.
-3-
. . .
(N) Alternative Compliance. Upon request by an applicant, the decision maker may approve
an alternative landscape and tree protection plan that may be substituted in whole or in
part for a landscape plan meeting the standards of this Section.
. . .
In reviewing the proposed alternative plan for purposes of determining whether it
accomplishes the purposes of this Section as required above, the decision maker shall
take into account whether the alternative preserves and incorporates existing vegetation
in excess of minimum standards, protects natural areas and features, maximizes tree
canopy cover, enhances neighborhood continuity and connectivity, fosters nonvehicular
access or accomplishes the functions listed in Subsection (C) (1) through (7) and
Subsection (H) of this Section 3.2.1 and demonstrates innovative design and use of plant
materials and other landscape elements.
Section 5. That Sections 3.2.2(C), (D) and (K) of the Land Use Code are hereby
amended to read as follows:
3.2.2 Access, Circulation and Parking
. . .
(C) Development Standards All developments shall meet the following standards:
. . .
(4) Bicycle Facilities. Commercial, industrial, civic, employment and multi-family
residential uses shall provide bicycle facilities to meet the following standards:
. . .
(b) Bicycle Parking Space Requirements. The minimum bicycle parking
requirements are set forth in the table below. For uses that are not
specifically listed in the table, the number of bicycle parking spaces
required shall be the number required for the most similar use listed.
Enclosed bicycle parking spaces may not be located on balconies.
Use Categories Bicycle Parking Space
Minimums
% Enclosed Bicycle
Parking/
% Fixed Bicycle Racks
Residential and Institutional Parking Requirements
. . . . . . . . .
-4-
Extra Occupancy Rental
Houses 1 per bed occupant 0%/100%
. . .
. . .
(D) Access and Parking Lot Requirements. All vehicular use areas in any proposed
development shall be designed to be safe, efficient, convenient and attractive, considering
use by all modes of transportation that will use the system, (including, without limitation,
cars, trucks, buses, bicycles and emergency vehicles).
. . .
(3) Location. Only off-street parking areas provided to serve uses permitted in a zone
district predominated by residential uses will be allowed in such district.
. . .
(c) Pavement. All open off-street parking and vehicular use areas shall be
surfaced with asphalt, concrete or other material in conformance with city
specifications with the exception of off-street parking and vehicular use
areas for a park or trail connection point that may be surfaced with gravel
or another similar inorganic material.
. . .
(K) Parking Lots - Required Number of Off-Street Spaces for Type of Use.*
(1) Residential and Institutional Parking Requirements. Residential and institutional
uses shall provide a minimum number of parking spaces as defined by the
standards below.
(a) Attached Dwellings: For each two-family and multi-family dwelling there
shall be parking spaces provided as indicated by the following table:
Number of Bedrooms/Dwelling Unit Parking Spaces Per Dwelling Unit *, **
One or less 1.5
Two 1.75
Three 2.0
Four and above 3.0
* Spaces that are located in detached residential garages (but not including parking structures) or
in attached residential garages, which attached garages do not provide direct entry into an
individual dwelling unit, may be credited toward the minimum requirements contained herein
only if such spaces are made available to dwelling unit occupants at no additional rental or
purchase cost (beyond the dwelling unit rental rate or purchase price).
-5-
** When public streets abutting the perimeter of the development site do not provide on-street
parking then the percentage of garage parking spaces provided for the development site shall not
exceed eighty (80) percent of the parking total.
. . .
(j) Extra Occupancy Rental Houses: For each extra occupancy rental house,
there shall be 0.75 (¾) parking space per tenant occupant, rounded up to
the nearest whole parking space, plus one (1) additional parking space if
the extra occupancy rental house is owner-occupied. If the lot upon which
such parking spaces are to be situated has more than sixty-five (65) feet of
street frontage length on any one (1) street or abuts an alley, then each
such parking space shall have direct access to the abutting street or alley
and shall be unobstructed by any other parking space. If such lot has less
than sixty-five (65) feet of street frontage length on any one (1) street and
does not abut an alley, then one (1) of the required parking spaces may be
aligned in a manner that does not provide direct access to the abutting
street.
. . .
Section 6. That Section 3.3.2 of the Land Use Code is hereby amended to read as
follows:
3.3.2 Development Improvements
(A) Approval of City Engineer.
. . .
(2) No improvements shall be made until all required plans, profiles and
specifications, including reproducible plansMylar prints for the same, have been
submitted to and approved by the City Engineer.
. . .
Section 7. That Section 3.4.1(D)(2) of the Land Use Code is hereby amended to read
as follows:
3.4.1 Natural Habitats and Features
. . .
(D) Ecological Characterization and Natural Habitat or Feature Boundary Definition . The
boundary of any natural habitat or feature shown on the Natural Habitats and Features
Inventory Map is only approximate. The actual boundary of any area to be shown on a
project development shall be proposed by the applicant and established by the Director
-6-
through site evaluations and reconnaissance, and shall be based on the ecological
characterization of the natural habitat or feature in conjunction with the map.
. . .
(2) Wetland Boundary Delineation. In establishing the boundaries of a wetland, the
applicant and the Director shall use soil samples, ecological characterization and
hydrological evidence, to the extent that such are in existence or are requested of
and provided by the applicant. The Director may also utilize the standards and
guidelines and/or the professional recommendations of Wetland boundary
delineations of both a non-jurisdictional wetland and “jurisdictional wetland”
shall be established in accordance with the U.S. Army Corps of Engineers, 1987
Westland Delineation Manual and the appropriate Regional Supplement, and
classified according to the U.S. Fish and Wildlife Service, wetland classification
system. In establishing the boundaries of a wetland, the applicant and the
Director shall use soil samples, vegetation analysis and hydrological evidence. the
Colorado Natural Heritage Program, and/or the Colorado Division of Wildlife in
establishing such boundaries. If at least one of the required criteria for wetland
delineation, hydric soil, hydrophytic vegetation, or hydrology, is present on the
development site, the applicant shall communicate the criterion or criteria to the
Director for consideration.Wetland boundary delineations shall be established in
accordance with the U.S. Fish and Wildlife Service wetland classification system
and shall be identified The Director may also utilize the standards and guidelines
and/or the professional recommendations of the U.S. Army Corps of Engineers or
other organization, individual, or governmental entity in reviewing such
boundaries. These shall be identified in the submittal documents for the review of
the project development plan (if applicable, or if not applicable, the most similar
development review) and prior to commencement of any construction activities.
The U.S. Army Corps of Engineers standards and guidelines shall be used to
identify the boundaries of any "jurisdictional wetland."
. . .
Section 8. That Section 3.5.2 of the Land Use Code is hereby amended to read as
follows:
3.5.2 Residential Building Standards
. . .
(D) Relationship of Dwellings to Streets and Parking.
(1) Orientation to a Connecting Walkway. Every front facade with a primary entrance
to a dwelling unit shall face the adjacent street to the extent reasonably feasible.
Every front facade with a primary entrance to a dwelling unit shall face a
connecting walkway with no primary entrance more than two hundred (200) feet
from a street sidewalk and the address shall be posted to be visible from the
-7-
intersection of the connecting walkway and public right of way . The following
exceptions to this standard are permitted:
(a) Up to onetwo (12) single-family detached dwellings on an individual lot
that has frontage on either a public or private street.
. . .
(E) Residential Building Setbacks, Lot Width and Size.
. . .
(3) Side and Rear Yard Setbacks. The minimum side yard setback for all residential
buildings and for all detached accessory buildings that are incidental to the
residential building shall be five (5) feet from the property line, except for alley-
accessed garages accessed from alleys or private drives where the associated
dwelling faces on-site walkways rather than street sidewalks, for which the
minimum setback from an alley or private drive shall be eight (8) feet. If a zero-
lot-line development plan is proposed, a single six-foot minimum side yard is
required. Rear yard setbacks in residential areas shall be a minimum of eight (8)
feet from the rear property line, except for garages and storage sheds not
exceeding eight (8) feet in height, where the minimum setback shall be zero (0)
feet.
. . .
Section 9. That Figure 14 in Section 3.5.4(D)(3)(a) of the Land Use Code is hereby
replaced in its entirety with the following figure:
Figure 14
Building Entrances
-8-
. . .
Section 10. That Sections 3.6.2(G), (M) and (N) of the Land Use Code are hereby
amended to read as follows:
3.6.2 Streets, Streetscapes, Alleys And Easements
. . .
(G) Repealed and held in reserve Lots having a front or rear lot line that abuts an
arterial street shall have a minimum depth of one hundred fifty (150) feet.
(1) Alternative Compliance. Upon request by the applicant, the decision
maker may approve an alternative lot plan that does not meet the standard
of this subsection if the alternative lot plan includes additional buffering or
screening that will, in the judgment of the decision maker, protect such
lots from the noise, light and other potential negative impacts of the
arterial street as well as, or better than, a plan which complies with the
standard of this subsection.
(2) Procedure. Alternative lot plans shall be prepared and submitted in
accordance with the submittal requirements for streets, streetscapes, alleys
and easements as set forth in this Section and landscape plans as set forth
in Section 3.2.1. The alternative lot plan shall clearly identify and discuss
the modifications and alternatives proposed and the ways in which the
plan will equally well or better accomplish the purpose of this subsection
than would a plan which complies with the standards of this subsection.
(3) Review Criteria. To approve an alternative lot plan, the decision maker
must first find that the proposed alternative plan accomplishes the purpose
-9-
of this subsection as well as, or better than, a lot plan which complies with
the standard of this subsection. In reviewing the proposed alternative plan,
the decision maker shall take into account whether the lot plan provides
screening and protection of the lots adjacent to the arterial street from
noise, light and other negative impacts of the arterial street equally well or
better than a plan which complies with the standard of this subsection.
. . .
(M) Private Streets. Private streets shall be controlled by the following requirements:
(1) When Allowed. Private streets shall be allowed in a development, provided
that their function will only be primarily to provide access to property
within the development. Private streets shall not be permitted if (by plan
or circumstance) such streets would, in the judgment of the City Engineer,
attract "through traffic" in such volumes as to render such public streets
necessary as connections between developments, neighborhoods or other
origins and destinations outside of the development plan.
(2) Design Requirements. Designs for private streets shall meet all standards
for public streets in accordance with the Larimer County Urban Area
Street Standards, as adopted by the City Council by ordinance or
resolution. Optional treatments beyond the minimum city standards, such
as landscaped medians or other decorative features, will not be approved
unless the City determines that such treatments present no safety risk to
the public and that the City's utilities will not incur maintenance or
replacement costs for their utilities above normal costs associated with the
City's standard design. As with public streets, the design of private streets
must be completed by or under the charge of a professional engineer
licensed by the State of Colorado. The design for all private streets shall
be included in the utility plans for the development. Designs for public
streets shall be permitted if either:
(a) The designs meet all standards for publ ic streets in accordance
with the Larimer County Urban Area Street Standards , as
adopted by the City Council by ordinance or resolution; or
(b) The designs have customized treatments and features including
travel lanes; parallel or diagonal street park ing; tree-lined
sidewalks with the sidewalks either detached or attached with
trees in cutouts; and crosswalks. Other features such as bikeways,
landscaped medians, corner plazas, custom lighting, bike racks,
and identity signs may be provided to afford an appropriate
alternative to a standard City street in the context of the
development plan. Head -in parking may only be used in isolated
parking situations where the effect on the character of the street is
negligible. Customized treatments and features will not be
approved unless the City determines that such treatments and
features present no safety risk to the public and that the City's
-10-
utilities will not incur maintenance or replacement costs for their
utilities above normal costs associated with the Cit y's standard
design.
. . .
(N) Private Drives and Street-Like Private Drives.
(1) When Allowed.
. . .
(c) Street-Like Private Drives. A street-like private drive shall be
allowed as primary access to facing buildings or to parcels internal
to a larger, cohesive development plan, or for the purposes of
meeting other requirements for streets. Street-like private drives
shall be designed to include travel lanes, on-street parking, tree-
lined border(s), detached sidewalk(s) and crosswalks. Other
features such as bikeways, landscaped medians, corner plazas and
pedestrian lighting may be provided to afford an appropriate
alternative to a street in the context of the development plan.
On-street parking for abutting buildings may be parallel or angled.
Head-in parking may only be used in isolated parking situations.
Such street-like private drives must be similar to public or private
streets in overall function and buildings shall front on and offer
primary orientation to the street-like private drive.
Street-like private drives may be used in conjunction with other
standards, such as block configuration, orientation to connecting
walkways, build-to-lines, or street pattern and connectivity.
(dc) Neither aA private drive nor a street-like private drive shall not be
permitted if it prevents or diminishes compliance with any other
provisions of this Code.
. . .
Section 11. That Section 3.8.3 of the Land Use Code is hereby amended to read as
follows:
3.8.3 Home Occupations
A home occupation shall be allowed as a permitted accessory use, provided that all of the
following conditions are met:
. . .
(4) There shall be no exterior advertising other than identification of the home
occupationthe residential sign allowed in Section 3.8.7.1(D)(5)(a) of this Code.
-11-
. . .
Section 12. That Section 3.8.7.1(G)(2) of the Land Use Code is hereby amended to
read as follows:
3.8.7.1 Generally.
. . .
(G) Prohibited signs and sign elements.
. . .
(2) Prohibited Signs. The following signs are not allowed, whether temporary or
permanent:
. . .
(f) Permanent off-premises signs, except as provided in Section 3.8.7.6;
. . .
Section 13. That Sections 3.8.7.2(B) and (G) of the Land Use Code are hereby
amended to read as follows:
3.8.7.2 Permanent Signs
. . .
(B) Wall Signs. Wall signs are allowed according to the standards in Table (B), Wall Signs.
Table (B)
Wall Signs
Type of
Sign
Standards
Sign District
Outside of Residential Neighborhood Sign District 1
Downtown Commercial/
Industrial Mixed-Use Multifamily Single-Family
Within
Residential
Neighborhood
Sign District 1
Applied or Painted Wall Signs
. . . . . . . . . . . . . . . . . . . . .
Max. Sign
Width N/A N/A N/A N/A N/A
Tenant space
45,000 sf. or
less: lesser of 40
-12-
ft. or 75% of
width of tenant
space; Tenant
space is larger
than 45,000 sf.:
55 ft. N/A
. . . . . . . . . . . . . . . . . . . . .
. . .
(G) Freestanding Permanent Signs. Detached permanent signs are allowed according to the
standards in Table (G)(1), Freestanding Permanent Signs.
Table (G)(1)
Freestanding Permanent Signs
Type of
Sign
Standards
Sign District
Outside of Residential Neighborhood Sign District 1
Downtown Commercial/
Industrial Mixed-Use Multifamily Single-Family
Within Residential
Neighborhood Sign
District 1
Primary Detached Signs
. . . . . . . . . . . . . . . . . . . . .
Allowed
Lighting Any Any Any Indirect only None AnyIndirect only
. . . . . . . . . . . . . . . . . . . . .
Secondary Detached Signs
Max. #
1 per
vehicular
access point
to
nonresidential
, mixed-use,
or
multifamily
property
1 per vehicular
access point to
nonresidential,
mixed-use, or
multifamily
property
1 per
vehicular
access point to
nonresidential,
mixed-use, or
multifamily
property
1 per
vehicular
access point to
nonresidential,
mixed-use, or
multifamily
property
1 per vehicular
access point to
nonresidential,
mixed-use, or
multifamily
property
1 per street frontage
of a neighborhood
service center or
neighborhood
commercial
districtnonresidential,
mixed-use, or
multifamily uses
. . . . . . . . . . . . . . . . . . . . .
Max. Sign
Area 16 sf. 16 sf. 16 sf. 16 sf. 16 sf. 3220 sf.
Max. Sign
Height 4 ft. 4 ft. 4 ft. 4 ft. 4 ft. 65 ft.
Allowed Any Any Any Indirect only Indirect only AnyIndirect only
-13-
Lighting
. . . . . . . . . . . . . . . . . . . . .
. . .
Section 14. That Sections 3.8.16(D) and (E) of the Land Use Code are hereby
amended to read as follows:
3.8.16 Occupancy Limits; Increasing the Number of Persons Allowed
. . .
(D) Definitions. The following words, terms and phrases, when used in this Section,
shall have the meanings ascribed to them below:
(4) Occupant shall mean a person who occupies a dwelling unit or any portion
thereof for living and sleeping purposes.
(E) Increasing the Occupancy Limit.
(1) With respect to single-family and two-family dwellings, the number of
persons allowed under this Section may be increased by the issuance of a
certificate of occupancy allowing for use as an extra occupancy rental
house in zones allowing such use.
(2) With respect to multiple-family and single family attached dwellings, the
decision maker (depending on the type of review, Type 1 or Type 2) may,
upon receipt of a written request from the applicant and upon a finding
that all applicable criteria of this Code have been satisfied, increase the
number of unrelated persons who may reside in individual dwelling units.
The decision maker shall not increase said number unless satisfied that the
applicant has provided sufficient additional amenities, either public or
private, to sustain the activities associated with multi-family residential
development, to adequately serve the occupants of the development and to
protect the adjacent neighborhood. Such amenities may include, without
limitation, passive open space, buffer yards, on-site management,
recreational areas, plazas, courtyards, outdoor cafes, neighborhood
centers, limited mixed-use restaurants, parking areas, sidewalks, bikeways,
bus shelters, shuttle services or other facilities and services.
. . .
Section 15. That Section 3.8.17(A)(2) of the Land Use Code is hereby amended to
read as follows:
3.8.17 Building Height
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(A) Measuring Building Height.
. . .
(2) Building Height Measured in Stories. In measuring the height of a building in
stories the following measurement rules shall apply:
(a) A balcony or mezzanine shall be counted as a full story when its floor area
is in excess of one-third (1/3) of the total area of the nearest full floor
directly below it.
(b) Half (1/2) story shall mean a space under a sloping roof which has the
line of intersection of the roof and wall face not more than three (3) feet
above the floor level, and in which space the possible floor area wit h
head room of five (5) feet or less occupies at least forty (40) percent of
the total floor area of the story directly beneath.
(bc) No story of a commercial or industrial building shall have more than
twenty-five (25) feet from average ground level at the center of all walls
to the eave/wall intersection or wall plate height if there is no eave, or
from floor to floor, or from floor to eave/wall intersection or wall plate
height as applicable .
(cd) A maximum vertical height of twelve (12) feet eight (8) inches shall be
permitted for each residential story measured from average ground level
at the center of all walls to the eave/wall intersection or wall plate height
if there is no eave, or from floor to floor, or from floor to eave/wall
intersection or wall plate height as applicable . This maximum vertical
height shall apply only in the following zone districts: U-E; R-F; R-L; L-
M-N; M-M-N; N-C-L; N-C-M; N-C-B; R-C; C-C-N; N-C; H-C; and M-H.
. . .
Section 16. That Section 3.8.28 of the Land Use Code is hereby amended to read as
follows:
3.8.28 Extra Occupancy Rental House Regulations
(A) Extra occupancy rental houses, not including multiple family and single family
attached dwellings which shall be governed by Section 3.8.16(E)(2), shall
conform to the occupancy limits and separation requirements specified in the
following table:
Zone Maximum number of permissible residents, excluding
occupant family
Maximum percentage of parcels per
block face that may be used for extra
occupancy houses
-15-
L-M-N
One (1) tenant occupant per three hundred fifty (350)
square feet of habitable floor space, in addition to a
minimum of four hundred (400) square feet of habitable
floor space if owner-occupied
No more than twenty-five (25)
percent of parcels on a block face may
be approved for extra occupancy
rental house use.
M-M-N, H-M-N,
N-C-B
One (1) tenant occupant per three hundred fifty (350)
square feet of habitable floor space, in addition to a
minimum of four hundred (400) square feet of habitable
floor space if owner-occupied.
No limit.
D, R-D-R, C-C,
C-C-N, C-C-R,
C-G, C-N, N-C,
C-L-E, I
One (1) tenant occupant per three hundred fifty (350)
square feet of habitable floor space, in addition to a
minimum of four hundred (400) square feet of habitable
floor space if owner-occupied.
No limit.
R-L, N-C-L, R-F,
U-E, N-C-M, H-
C, P-O-L, R-C
n/a Extra occupancy rental houses not
allowed.
(B) In all zone districts allowing extra occupancy rental houses except L-M-N, an
application for extra occupancy rental house use for five (5) or fewer tenants
occupants shall be subject to basic development review.
(C) In all zone districts allowing extra occupancy rental houses except L-M-N, an
application for extra occupancy rental house use for more than five (5) tenants
occupants shall be subject to Type 1 administrative review.
(D) In the L-M-N zone district, an application for extra occupancy rental house use
for more than four (4) tenants occupants shall be subject to Type 1 administrative
review.
Section 17. That Sections 4.4(B) and (D) of the Land Use Code are hereby amended to
read as follows:
Division 4.4 Low Density Residential District (R-L)
. . .
(B) Permitted Uses.
(1) The following uses are permitted in the R-L District, subject to basic development
review, provided that such uses are located on lots that are part of an approved
site specific development plan:
(a) Residential Uses:
-16-
1. Single-family detached dwellings on lots created through the
Minor Subdivision process pursuant to Section 2.18.2.
. . .
. . .
(D) Land Use Standards.
. . .
(2) Dimensional Standards.
. . .
(e) Maximum building height shall be twenty-eight (28) feet for a single-
family dwelling, accessory building, group home, or child care center and
three (3) stories for all other uses.
(f) Accessory buildings and structures may exceed the height of any existing
or proposed principal building on the lot by no more than two (2) feet
except when the height of an existing or proposed principal structure is
twenty-six (26) feet or greater in which case, the accessory building or
structure shall not exceed twenty-eight (28) feet.
. . .
Section 18. That Section 4.5(B)(2)(a)8 of the Land Use Code is hereby amended to
read as follows:
Division 4.5 Low Density Mixed-Use Neighborhood District (L-M-N)
. . .
(B) Permitted Uses.
. . .
(2) The following uses are permitted in the L-M-N District, subject to
administrative review:
(a) Residential Uses:
. . .
8. Extra occupancy rental houses with four (4) or more
tenants.
. . .
-17-
Section 19. That Sections 4.6(B)(1)(e)1 and (B)(2)(a)8 of the Land Use Code are
hereby amended to read as follows:
Division 4.6 Medium Density Mixed-Use Neighborhood District (M-M-N)
. . .
(B) Permitted Uses.
(1) The following uses are permitted in the M-M-N District, subject to basic
development review, provided that such uses are located on lots that are
part of an approved site-specific development plan:
. . .
(e) Residential Uses:
1. Extra occupancy rental houses with five (5) or fewer
tenants.
. . .
(2) The following uses are permitted in the M-M-N District, subject to
administrative review:
(a) Residential Uses:
. . .
8. Extra occupancy rental houses with more than five (5)
tenants.
. . .
Section 20. That Sections 4.7(E) and (F) of the Land Use Code are hereby amended to
read as follows:
Division 4.7 Neighborhood Conservation, Low Density District (N-C-L)
(E) Dimensional Standards.
. . .
(5) Building Height. Maximum building height shall be two (2) stories, except in the
case of a detached dwelling unit at the rear of the lot and accessory buildings
(a) Maximum building height shall be two (2) stories, except in the case of a
detached dwelling unit at the rear of the lot and accessory buildings, which
shall be limited to one and one-half (1 ½) stories.
(b) Front porches shall be limited to one (1) story.
-18-
(c) The height of a carriage house or an accessory building containing
habitable space shall not exceed twenty-four (24) feet.
(d) The height of an accessory building containing no habitable space shall
not exceed twenty (20) feet.
(6) Eave Height.
(a) The exterior eave height of an eave along a side lot line shall not exceed
thirteen (13) feet from grade for a dwelling unit located at the rear of the
lot or an accessory building with habitable space. An eave of a dormer or
similar architectural feature may exceed thirteen (13) feet if set back two
(2) feet from the wall below and d oes not exceed twenty -five (25)
percent of the wall length.
(b) The exterior eave height of an eave along a side lot line shall not exceed
ten (10) feet from grade for an accessory building containing no
habitable space. An eave of a dormer or similar a rchitectural feature may
exceed ten (10) feet if set back two (2) feet from the wall below and does
not exceed twenty-five (25) percent of the wall length.
(c) If a second story has an exterior wall that is set back from the lower
story's exterior wall, the eave height shall be the point of an imaginary
line at which the upper story's roofline (if extended downward) would
intersect with the lower story's exterior wall (if extended upward).
Illustration of Carriage House Roofline and Eave Heights
-19-
(F) Development Standards.
(1) Building Design.
. . .
(e) Front porches shall be limited to one (1) story, and the front facades of all
one- and two-family dwellings shall be no higher than two (2) stories, except in
the case of carriage houses and accessory buildings containing habitable space,
which shall be a maximum of one and one-half (1½) stories.
(fe) In the event that a new dwelling is proposed to be constructed on the rear
portion of a lot which has frontage on two (2) streets and an alley, the front of
such new dwelling shall face the street.
(gf) The minimum pitch of the roof of any building shall be 2:12 and the
maximum pitch of the roof of any building shall be 12:12, except that new,
detached accessory buildings and additions to existing dwelling units may be
constructed with a pitch that matches any roof pitch of the existing dwelling unit.
Additionally, the roof pitch of a dormer, turret or similar architectural feature may
not exceed 24:12 and the roof pitch of a covered porch may be flat whenever the
roof of such a porch is also considered to be the floor of a second-story deck.
(hg) Front Facade Character. When building construction results in:
. . .
(ih) Side Façade Character. When building construction results in:
. . .
(2) Bulk and Massing
(a) Building Height.
1. Maximum building height shall be two (2) stories, except in the
case of a detached dwelling unit at the rear of the lot and accessory
buildings.
2. The height of a detached dwelling unit at the rear of the lot or an
accessory building containing habitable space shall not exceed
twenty-four (24) feet.
3. The height of an accessory building containing no habitable space
shall not exceed twenty (20) feet.
(b) Eave Height.
-20-
1. The exterior eave height of an eave along a side lot line shall not
exceed thirteen (13) feet from grade for a dwelling unit located at
the rear of the lot or an accessory building with habitable space.
An eave of a dormer or similar architectural feature may exceed
thirteen (13) feet if set back two (2) feet from the wall below and
does not exceed twenty-five (25) percent of the wall length.
2. The exterior eave height of an eave along a side lot line shall not
exceed ten (10) feet from grade for an accessory building
containing no habitable space. An eave of a dormer or similar
architectural feature may exceed ten (10) feet if set back two (feet)
from the wall below and does not exceed twenty-five (25) percent
of the wall length.
3. The maximum eave height is measured at the minimum setback
from an interior side-yard lot line and can be increased at a ratio of
six (6) inches of additional building height for each one (1) foot of
setback from the interior side property line.
4. If a second story has an exterior wall that is set back from the
lower story's exterior wall, the eave height shall be the point of an
imaginary line at which the upper story's roofline (if extended
horizontally) would intersect with the lower story's exterior wall (if
extended vertically).
Illustration of Carriage House Roofline and Eave Heights
(32) Carriage Houses and Habitable Accessory Buildings.
. . .
-21-
Section 21. That Sections 4.8(E) and (F) of the Land Use Code are hereby amended to
read as follows:
Division 4.8 Neighborhood Conservation, Medium Density District
. . .
(E) Dimensional Standards.
. . .
(5) Building Height. Maximum building height shall be two (2) stories, except in the
case of a detached dwelling unit at the rear of the lot and accessory buildings
(a) Maximum building height shall be two (2) stories, except in the case of a
detached dwelling unit at the rear of the lot and accessory buildings, which
shall be limited to one and one-half (1 ½) stories.
(b) Front porches shall be limited to one (1 ) story.
(c) The height of a carriage house or an accessory building containing
habitable space shall not exceed twenty -four (24) feet.
(d) The height of an accessory building containing no habitable space shall not
exceed twenty (20) feet.
(6) Eave Height.
(a) The exterior eave height of an eave along a side lot line shall not exceed
thirteen (13) feet from grade for a dwelling unit located at the rear of the lot or
an accessory building with habitable space. An eave of a dormer or similar
architectural feature may exceed thirteen (13) feet if set back two (2) feet from
the wall below and does not exceed twenty -five (25) percent of the wall length.
(b) The exterior eave height of an eave along a side lot line shall not exceed ten
(10) feet from grade for an accessory building containing no habitable space.
An eave of a dormer or similar architectural feature may exceed ten (10) feet if
set back two (2) feet from the wall below and does not exceed twenty -five (25)
percent of the wall length.
(c) If a second story has an exterior wall that is set back from the lower story's exterior
wall, the eave height shall be the point of an imaginary line at which the upper
story's roofline (if extended downward) would intersect with the lower story's
exterior wall (if extended upward).
Figure 17.5-1
Illustration of Carriage House Roofline and Eave Heights
-22-
(F) Development Standards.
(1) Building Design.
. . .
(e) Front porches shall be limited to one (1) story, and the front facades of all
one- and two-family dwellings shall be no higher than two (2) stories,
except for carriage houses and accessory buildings containing habitable
space, which shall be limited to one and one-half (1½) stories.
(fe) In the event that a new dwelling is proposed to be constructed on the rear
portion of a lot which has frontage on two (2) streets and an alley, the
front of such new dwelling shall face the street.
(gf) The minimum pitch of the roof of any building shall be 2:12 and the
maximum pitch of the roof of any building shall be 12:12, except that
new, detached accessory buildings and additions to existing dwelling units
may be constructed with a pitch that matches any roof pitch of the existing
dwelling unit. Additionally, the roof pitch of a dormer, turret or similar
architectural feature may not exceed 24:12 and the covered porch may be
flat whenever the roof of such porch is also considered to be the floor of a
second-story deck.
(hg) Front Facade Character. When building construction results in:
-23-
1. a two (2) -story house where a one (1) -story house previously
existed and where there is an abutting house on either side that is
one (1) story, or
. . .
(ih) Side Façade Character. When building construction results in:
. . .
(2) Bulk and Massing.
(a) Building Height.
1. Maximum building height shall be two (2) stories, except in the
case of a detached dwelling unit at the rear of the lot and accessory
buildings.
2. The height of a detached dwelling unit at the rear of the lot or an
accessory building containing habitable space shall not exceed
twenty-four (24) feet.
3. The height of an accessory building containing no habitable space
shall not exceed twenty (20) feet.
(b) Eave Height.
1. The exterior eave height of an eave along a side lot line shall not
exceed thirteen (13) feet from grade for a dwelling unit located at
the rear of the lot or an accessory building with habitable space.
An eave of a dormer or similar architectural feature may exceed
thirteen (13) feet if set back two (2) feet from the wall below and
does not exceed twenty-five (25) percent of the wall length.
2. The exterior eave height of an eave along a side lot line shall not
exceed ten (10) feet from grade for an accessory building
containing no habitable space. An eave of a dormer or similar
architectural feature may exceed ten (10) feet if set back two (2)
feet from the wall below and does not exceed twenty-five (25)
percent of the wall length.
3. The maximum eave height is measured at the minimum setback
from an interior side-yard lot line and can be increased at a ratio of
six (6) inches of additional building height for each one (1) foot of
setback from the interior side property line.
4. If a second story has an exterior wall that is set back from the
lower story's exterior wall, the eave height shall be the point of an
imaginary line at which the upper story's roofline (if extended
horizontally) would intersect with the lower story's exterior wall (if
extended vertically).
(See illustration contained in Division 4.7.)
-24-
(32) Carriage Houses and Habitable Accessory Buildings.
. . .
Section 22. That Sections 4.9(B)(1)(a)4 and 4.9(B)(2)(a)7 of the Land Use Code are
hereby amended to read as follows:
Division 4.9 Neighborhood Conservation, Buffer District (N-C-B)
. . .
(B) Permitted Uses.
(1) The following uses are permitted in the N-C-B District, subject to basic
development review, provided that such uses are located on lots that are
part of an approved site specific development plan:
(a) Residential Uses:
. . .
4. Extra occupancy rental houses with five (5) or fewer
tenants.
. . .
(2) The following uses are permitted in the N-C-B District, subject to
administrative review:
(a) Residential Uses:
. . .
7. Extra occupancy rental houses with more than five (5)
tenants.
. . .
Section 23. That Section 4.9(E)(1)(b) of the Land Use Code is hereby amended to read
as follows:
Division 4.9 Neighborhood Conservation, Buffer District (N-C-B)
. . .
(E) Development Standards.
(1) Single-Family Dwellings.
. . .
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(b) Bulk and Massing.
1. Building Height.
1. Maximum building height shall be three (3) stories, except in the
case of a detached dwelling unit at the rear of the lot and accessory
buildings which shall be limited to one and one-half (1 ½) stories.
b. The height of a detached dwelling unit at the rear of the lot or an
accessory building containing habitable space shall not exceed
twenty-four (24) feet.
c. The height of an accessory building containing no habitable
space shall not exceed twenty (20) feet.
2. Eave Height.
1.a. The exterior eave height of an eave along a side lot line
shall not exceed thirteen (13) feet from grade for a dwelling
unit located at the rear of the lot or an accessory building
with habitable space. An eave of a dormer or similar
architectural feature may exceed thirteen (13) feet if set
back two (2) feet from the wall below and does not exceed
twenty-five (25) percent of the wall length.
2.b. The exterior eave height of an eave along a side lot line
shall not exceed ten (10) feet from grade for an accessory
building containing no habitable space. An eave of a
dormer or similar architectural feature may exceed ten (10)
feet if set back two (2) feet from the wall below and does
not exceed twenty-five (25) percent of the wall length.
3.c. The maximum eave height is measured at the minimum
setback from an interior side-yard lot line and can be
increased at a ratio of six (6) inches of additional building
height for each one (1) foot of setback from the interior
side property line.
4.d. If a second story has an exterior wall that is set back from
the lower story's exterior wall, the eave height shall be the
point of an imaginary line at which the upper story's
roofline (if extended horizontally) would intersect with the
lower story's exterior wall (if extended vertically).
. . .
Section 24. That Sections 4.10(B)(1)(e)1 and (B)(2)(a)4 of the Land Use Code are
hereby amended to read as follows:
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Division 4.10 High Density Mixed-Use Neighborhood District (H-M-N)
. . .
(B) Permitted Uses.
(1) The following uses are permitted in the H-M-N District, subject to basic
development review, provided that such uses are located on lots that are
part of an approved site-specific development plan:
. . .
(e) Residential Uses:
1. Extra occupancy rental houses with five (5) or fewer
tenants occupants.
. . .
(2) The following uses are permitted in the H-M-N District, subject to
administrative review:
(a) Residential Uses:
. . .
4. Extra occupancy rental houses with more than five (5)
tenants occupants.
. . .
Section 25. That the table contained in Section 4.16(F)(2) of the Land Use Code is
hereby amended to read as follows:
4.16 Downtown District (D)
. . .
(F) Permitted Uses.
. . .
(2) The following uses are permitted in the subdistricts of the Downtown District,
subject to Basic Development Review (BDR), Minor Amendment (MA),
Administrative (Type 1) Review or Planning and Zoning Board (Type 2) Review
as specifically identified on the chart below:
Land Use Historic
Core
Canyon
Avenue/Civic/
North Mason
Innovation/
River
River
Corridor
Campus
North
Entryway
Corridor
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. . . . . . . . . . . . . . . . . . . . .
EOR Houses < 5
tenants occupants BDR/MA BDR/MA BDR/MA Not
Permitted BDR/MA BDR/MA
EOR Houses > 5
tenants occupants Type 1 Type 1 Type 1 Not
Permitted Type 1 Type 1
. . . . . . . . . . . . . . . . . . . . .
Medical Marijuana
Research and
Development
Not
Permitted Not Permitted BDR/MA Not
Permitted
Not
Permitted Not Permitted
. . . . . . . . . . . . . . . . . . . . .
Section 26. That Sections 4.18(B)(1)(e)1 and B(2)(a)5 of the Land Use Code are
hereby amended to read as follows:
Division 4.18 Community Commercial District (C-C)
. . .
(B) Permitted Uses.
(1) The following uses are permitted in the C-C District, subject to basic
development review provided that such uses are located on lots that are
part of an approved site-specific development plan, except that a
stationary vendor use must be approved as a minor amendment:
. . .
(e) Residential Uses:
1. Extra occupancy rental houses with five (5) or fewer
tenants occupants.
. . .
(2) The following uses are permitted in the C-C District, subject to
administrative review:
(a) Residential Uses:
. . .
5. Extra occupancy rental houses with more than five (5)
tenants occupants.
. . .
Section 27. That Sections 4.19(B)(1)(e)1 and (B)(2)(a)6 of the Land Use Code are
hereby amended to read as follows:
Division 4.19 Community Commercial - North College District (C-C-N)
-28-
. . .
(B) Permitted Uses.
(1) The following uses are permitted in the C-C-N District, subject to basic
development review provided that such uses are located on lots that are
part of an approved site-specific development plan, except that a
stationary vendor use must be approved as a minor amendment:
. . .
(e) Residential Uses:
1. Extra occupancy rental houses with five (5) or fewer
tenants occupants.
. . .
(2) The following uses are permitted in the C-C-N District, subject to
administrative review:
(a) Residential Uses:
. . .
6. Extra occupancy rental houses with more than five (5)
tenants occupants.
. . .
Section 28. That the table contained in Section 4.21(B)(2) of the Land Use Code is
hereby amended to read as follows:
Division 4.21 General Commercial District (C-G)
. . .
(B) Permitted Uses.
. . .
(2) The following uses are permitted in subdistricts of the C-G District,
subject to Basic Development Review (BDR), Minor Amendment (MA),
Administrative (Type 1) Review or Planning and Zoning Board (Type 2)
Review as specifically identified on the chart below:
Land Use I-25/SH 392
(CAC)
General Commercial
District
(C-G)
A. RESIDENTIAL
Extra occupancy rental houses with 5 or fewer tenants occupants Not permitted BDR
. . . . . . . . .
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Extra-occupancy rental houses with more than 5 tenants
occupants Not permitted Type 1
. . . . . . . . .
Section 29. That Sections 4.22(B)(1)(e)1 and (B)(2)(a)6 of the Land Use Code are
hereby amended to read as follows:
Division 4.22 Service Commercial District (C-S)
. . .
(B) Permitted Uses.
(1) The following uses are permitted in the C-S District, subject to basic
development review provided that such uses are located on lots that are
part of an approved site-specific development plan, except that a
stationary vendor use must be approved as a minor amendment:
. . .
(e) Residential Uses:
1. Extra occupancy rental houses with five (5) or fewer
tenants occupants.*
. . .
(2) The following uses are permitted in the C-S District, subject to
administrative review:
(a) Residential Uses:
. . .
6. Extra occupancy rental houses with more than five (5)
tenants occupants.*
. . .
Section 30. That Sections 4.23(B)(1)(e)1 and (B)(2)(a)5 of the Land Use Code are
hereby amended to read as follows:
Division 4.23 Neighborhood Commercial District (N-C)
. . .
(B) Permitted Uses.
(1) The following uses are permitted in the N-C District, subject to basic
development review provided that such uses are located on lots that are
part of an approved site-specific development plan, except that a
stationary vendor use must be approved as a minor amendment:
. . .
-30-
(e) Residential Uses:
1. Extra occupancy rental houses with five (5) or fewer
tenants occupants.
(2) The following uses are permitted in the N-C District, subject to
administrative review:
(a) Residential Uses:
. . .
5. Extra occupancy rental houses with more than (5) tenants
occupants.
. . .
Section 31. That the table contained in Section 4.24(B) of the Land Use Code is
hereby amended to read as follows:
Division 4.24 Limited Commercial District (C-L)
. . .
(B) Permitted Uses.
. . .
(2) The following uses are permitted in subdistricts of the C-L District,
subject to Basic Development Review (BDR), Minor Amendment (MA),
Administrative (Type 1) Review or Planning and Zoning Board (Type 2)
Review as specifically identified on the chart below:
Land Use Riverside Area All Other Areas
A. RESIDENTIAL
. . . . . . . . .
Extra occupancy rental houses with five (5) or fewer tenants occupants BDR BDR
. . . . . . . . .
B. INSTITUTIONAL/CIVIC/PUBLIC
Extra occupancy rental houses with more than five (5) tenants occupants Type 1 Type 1
. . . . . . . . .
Section 32. That Sections 4.27(B)(1)(e)1 and (B)(2)(a)2 of the Land Use Code are
hereby amended to read as follows:
Division 4.27 Employment District (E)
. . .
-31-
(B) Permitted Uses.
(1) The following uses are permitted in the E District, subject to basic
development review provided that such uses are located on lots that are
part of an approved site-specific development plan, except that a
stationary vendor use must be approved as a minor amendment:
. . .
(e) Residential Uses:
1. Extra occupancy rental houses with five (5) or fewer
tenants occupants.
. . .
(2) The following uses are permitted in the E District, subject to
administrative review:
(a) Residential Uses:
. . .
2. Extra occupancy rental houses with more than five (5)
tenants occupants.
. . .
Section 33. That Sections 4.28 (B)(1)(e)1 and (B)(2)(a)2 of the Land Use Code are
hereby amended to read as follows:
Division 4.28 Industrial District (I)
. . .
(B) Permitted Uses.
(1) The following uses are permitted in the I District, subject to basic
development review provided that such uses are located on lots that are
part of an approved site-specific development plan, except that a
stationary vendor use must be approved as a minor amendment:
. . .
(e) Residential Uses:
1. Extra occupancy rental houses with five (5) or fewer
tenants occupants.
-32-
. . .
(2) The following uses are permitted in the I District, subject to administrative
review:
(a) Residential Uses:
. . .
2. Extra occupancy rental houses with more than five (5)
tenants occupants.
. . .
Section 34. That Section 4.29 of the Land Use Code is hereby amended to read as
follows:
DIVISION 4.29 PLANNED UNIT DEVELOPMENT (PUD) OVERLAY*
. . .
(D) PUD Master Plan Review Procedure.
. . .
(2) In order to approve a proposed PUD Master Plan, the decision maker must find
that the PUD Master Plan satisfies the following criteria:
. . .
(e) The PUD Master Plan is consistent with all applicable Land Use Code
General Development Standards (Article 3) except to the extent such
development standards have been modified pursuant to below Subsection
(G) or are inconsistent with the PUD Master Plan.
(E) Permitted Uses.
. . .
(2) Additional uses not permitted in the underlying zone district may be requested for
inclusion in a PUD Master Plan along with the type of review for such use,
whether Type I, Type II, or Basic Development Review. The application must
enumerate the additional use being requested, the proposed type of review, and
how the use satisfies below criteria (a) through (d). The decision maker shall
approve an additional use if it satisfies criteria (a) through (d). For each approved
additional use, the decision maker shall determine the applicable type of review
and may grant a requested type of review if it would not be contrary to the public
good.
. . .
-33-
(b) The use complies with applicable Land Use Code provisions regarding the
natural environment, including but not limited to water, air, noise, storm
water management, wildlife, vegetation, wetlands and the natural
functioning of the environment;.
(c) The use is compatible with the other proposed uses within the requested
PUD Overlay and with the uses permitted in the zone district or districts
adjacent to the proposed PUD Overlay; and.
(d) The use is appropriate for the property or properties within the PUD
Overlay.
. . .
(G) Modification of Densities and Development Standards.
. . .
(3) In order to approve requested density or development standard modifications, the
decision maker must find that the density or development standard as modified
satisfies the following criteria:
(a) The modified density or development standard is consistent with the
applicable purposes, and advances the applicable objectives of, the PUD
Overlay as described in Sections 4.29 (A) and (B);
. . .
(H) PUD Master Plan Non-Expiration. PUD Master Plans do not expire but are subject to
the amendment and termination provisions of Sections 4.29 (I) and (J).
. . .
Section 35. That the definition “Dwelling unit” contained in Section 5.1.2 of the Land
Use Code is hereby amended to read as follows:
Dwelling unit shall mean one (1) or more rooms and a single kitchen , or including a
second kitchen pursuant to Section 3.5.2(H), and at least one (1) bathroom, designed,
occupied or intended for occupancy as separate quarters for the exclusive use of a
single family for living, cook ing and sanitary purposes, located in a single -family, two-
family or multi-family dwelling or mixed-use building.
Section 36. That the definition “Extra occupancy rental house” contained in Section
5.1.2 of the Land Use Code is hereby amended to read as follows:
Extra occupancy rental house shall mean the use of a building or portion of a building
which is used by a number of occupants that exceeds the occupancy limits set forth in
Section 3.8.16 to accommodate, for compensation, four (4) or more tenants, boarders or
-34-
roomers, not including members of the occupant's immediate family who might be
occupying such building. The word compensation shall include compensation in
money, services or other things of value .
Section 37. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of a new definition “Occupant” which reads in its entirety as follows:
Occupant, as the term is used only in Section 3.8.28 and in relation to extra occupancy in
other parts of this Code, shall mean a person who occupies a dwelling unit or any portion
thereof for living and sleeping purposes.
Section 38. That the definition “Story” contained in Section 5.1.2 of the Land Use
Code is hereby amended to read as follows:
Story, half shall mean a space under a slopin g roof which has the line of intersection of
the roof and wall face not more than three (3) feet above the floor level, and in which
space the possible floor area with head room of five (5) feet or less occupies at least
forty (40) percent of the total flo or area of the storye directly beneath.
Introduced, considered favorably on first reading, and ordered published this 15th day of
December, A.D. 2020, and to be presented for final passage on the 5th day of January, A.D.
2021.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 5th day of January, A.D. 2021.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk