HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/01/2004 - FIRST READING OF ORDINANCE NO. 091, 2004, MAKING V1
ORDINANCE NO. 091, 2004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING VARIOUS AMENDMENTS
TO THE CITY OF FORT COLLINS LAND USE CODE
WHEREAS, on March 18, 1997, by Ordinance No. 51, 1997, the Council of the City
of Fort Collins adopted 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 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, the staff of the City 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 have made recommendations to the Council regarding such issues; and
WHEREAS, the Council has determined that the Land Use Code amendments which
have been proposed are in the best interest of the City and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the Land Use Code is hereby amended as follows:
Section 1. That Section 1.4.4(B)(2) of the Land Use Code is hereby amended to
read as follows:
(2) Boundaries indicated as approximately following lot lines,
public property lines and the like shall be construed as
following such lines; provided, however, that where such
boundaries are adjacent toabutting a dedicated street, alley,
highway or right-of-way and the zoning status of the street,
highway, alley or right-of-way is not indicated, the boundaries
shall be construed as running to the middle of the street,
highway, alley or right-of-way. In the event of street vacation,
interpretation shall be as provided in (1) above.
Section 2. That Section 2.1.5 of the Land Use Code is hereby amended to read as
follows:
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2.1.5 Dedications and Vacations
Dedication of streets, easements and other rights-of-way as laid out on plats or as
otherwise described in deeds of dedication, whether on or off the site of a specific
planning item that is subject to Planning and Zoning Board review, shall be accepted
by the Planning and Zoning Board in accordance with Section 2-353(4) of the City
Code, provided that such dedication is made necessary by the approval of such
planning item. The Board shall also have the authority to vacate easements and other
rights-of-way, but not to include streets and alleys, by resolution or by approval of
plats (or replats) containing notation of such vacation. Dedication of streets,
easements and other rights-of-way as laid out on plats or otherwise described in deeds
of dedication, whether on or off the site of a specific planning item that is subject to
administrative review (including Basic Development Review), shall be accepted by
the Director, provided that such dedication is made necessary by the approval of such
planning item. With regard only to a specific planning item that is subject to
administrative review, the Director shall also have the authority to vacate easements
and other rights-of-way, but not to include streets and alleys, by resolution or by
approval of plats (or replats) containing notation of such vacation.
Section 3. That Section 2.2.2(B) of the Land Use Code is hereby amended to read
as follows:
(B) Applicability. A neighborhood meeting shall be required by the Director
on any development proposal that is subject to Planning and Zoning
Board review unless the Director determines as a part of the staff review
and recommendation required pursuant to Section 2.2.1(D) that the
development proposal would not have significant neighborhood impacts.
Section 4. That Section 2.8.2(H) of the Land Use Code is hereby amended to
read as follows:
(H) Step 8 (Standards): Applicable, and the Planning and Zoning
Boarddecision maker may grant a modification of standards only if it
finds that the granting of the modification would not be detrimental to
the public good, and that:
. . .
Section. 5. That Section 2.12.4 of the Land Use Code is hereby amended to read
as follows:
2.12.4 Annexation of Illegal Uses Not Legally Permitted
Any use that exists on property outside the City and that is not legally
permitted by the county must cease and be discontinued before the City
Council adopts, on second reading, an annexation ordinance annexing any
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such property except as provided herein. In the event that a property
containing a use that is not legal pursuant to county regulations is proposed to
be annexed into the city and placed into a zone district wherein such use is a
permitted use, said use must be reviewed and processed as set forth in Article
4 (i.e., Type 1 review or Type 2 review) for the zone district in which the land
is proposed to be located, and shall comply with the applicable standards
contained in Articles 3 and 4. A development application for such review
must be filed with the city within sixty (60) days following the effective date
of the annexation. Such use shall be temporarily permitted for a period not to
exceed six (6) months following the effective date of the annexation. In the
event that the development application is not approved within said six-month
period, then the use shall be discontinued within thirty (30) days following the
date of the decision of denial or expiration of said six-month period,
whichever first occurs, except that the Director may grant one (1) extension of
the foregoing six-month requirement, which extension may not exceed three
(3) months in length. In the event that the development application is
approved, then such use shall be brought into full compliance with this Land
Use Code and the decision made thereunder by the decision maker within
sixty (60) days following the date of the decision.
This section shall not apply to annexation of enclaves consisting of more than
one (1) separately owned parcel.
Section 6. That Section 3.2.1(E)(4)(b) of the Land Use Code is hereby amended
to read as follows:
(b) Screening. Parking lots with six (6) or more spaces
shall be screened from adjacentabutting uses and from
the street. Screening from residential uses shall consist
of a fence or wall six (6) feet in height in combination
with plant material and of sufficient opacity to block at
least seventy-five (75) percent of light from vehicle
headlights. Screening from the street and all
nonresidential uses shall consist of a wall, fence,
planter, earthen berm, plant material or a combination
of such elements, each of which shall have a minimum
height of thirty (30) inches. Such screening shall
extend a minimum of seventy (70) percent of the length
of the street frontage of the parking lot and also seventy
(70) percent of the length of any boundary of the
parking lot that abuts any nonresidential use. Openings
in the required screening shall be permitted for such
features as access ways or drainage ways. Where
screening from the street is required, plans submitted
for review shall include a graphic depiction of the
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parking lot screening as seen from the street. Plant
material used for the required screening shall achieve
required opacity in its winter seasonal condition within
three (3) years of construction of the vehicular use area
to be screened.
Section 7. That Section 3.2.1(F)(3) of the Land Use Code is hereby amended to
read as follows:
(3) All existing street trees that are located on city rights-of-way adjacent
toabutting the development shall be accurately identified by species,
size, location and condition on required landscape plans, and shall be
preserved and protected in accordance with the standards of subsection
(G).
Section 8. That Section 3.2.1(J)(1)(b) of the Land Use Code is hereby amended
to read as follows:
(b) trees and other plants used to landscape a residential
local street parkway adjacent toabutting lots for single-
family detached dwellings.
Section 9. That Section 3.2.2(D)(3)(a)1. of the Land Use Code is hereby
amended to read as follows:
1. such spaces are provided collectively by two (2)
or more buildings or uses on adjacentabutting
lots in a single parking area located within the
boundaries of those adjacentabutting lots, and
the total number of parking spaces supplied
collectively is equal to the number of spaces
required by this subdivision for each use
considered separately, or
Section 10. That Section 3.2.3(D)(2) of the Land Use Code is hereby amended to
read as follows:
(2) The impact of trees shall be evaluated on an individual basis
considering the potential impacts of the shading and the
potential adverse impacts that the shading could create for the
adjacent propertyproperties in terms of blocking sunlight in
indoor living areas, outdoor activity areas, gardens and similar
spaces benefitting from access to sunlight. Shading caused by
deciduous trees can be beneficial and is not prohibited.
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Section 11. That Section 3.4.1 of the Land Use Code is hereby amended to read as
follows:
3.4.1 Natural Habitats and Features
(A) Applicability. This Section applies if any portion of the development
site is within five hundred (500) feet of an area or feature identified as
a natural habitat or feature on the city's Natural Habitats and Features
Inventory Map, or if any portion of the development site possesses
characteristics (including, without limitation, wetlands, riparian areas
or foothills forest) which would have supported their inclusion on the
Natural Habitats and Features Inventory Map, and such areas are
discovered during site evaluation and/or reconnaissance associated
with the development review process. Resources included on the
Natural Habitats and Features Inventory Map, as described in detail
in Technical Memorandum 2, "Identification of Natural Areas," of the
Natural Areas Policy Plan, are as follows:
(1) Natural Communities or Habitats:
(a) Aquatic (e.g., rivers, streams, lakes, ponds);
(b) Wetland and wet meadow;
(c) Native grassland;
(d) Riparian forest;
(e) Urban plains forest;
(f) Riparian shrubland; and
(g) Foothills forest.
(2) Special Features:
(a) Significant remnants of native plant communities;
(b) Potential habitats and known locations of rare,
threatened or endangered plants;
(c) Potential habitats and known locations of rare,
threatened or endangered animals;
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(d) Raptor habitat features, including nest sites, communal
roost sites and key concentration areas;
(e) Concentration areas for nesting and migratory
shorebirds and waterfowl;
(f) Migratory songbird concentration areas;
(g) Key nesting areas for grassland birds;
(h) Fox and coyote dens;
(i) Mule deer winter concentration areas;
(j) Prairie dog colonies over fifty (50) acres in size;
(k) Concentration areas for rare, migrant or resident
butterflies;
(l) Areas of high terrestrial or aquatic insect diversity;
(m) Areas of significant geological or paleontological
interest; and
(n) Irrigation ditches that serve as wildlife corridors.
(B) Purpose. The purpose of this Section is to ensure that when property
is developed consistent with its zoning designation, the way in which
the proposed physical elements of the development plan are designed
and arranged on the site will protect the natural habitats and features
both on the site and in the vicinity of the site.
(C) General Standard. To the maximum extent feasible, the development
plan shall be designed and arranged to be compatible with and to
protect natural habitats and features and the plants and animals that
inhabit them and integrate them within the developed landscape of the
community by: (1) directing development away from sensitive
resources, (2) minimizing impacts and disturbance through the use of
buffer zones, (3) enhancing existing conditions, or (4) restoring or
replacing the resource value lost to the community (either on-site or
off-site) when a development proposal will result in the disturbance of
natural habitats or features.
(D) Ecological Characterization and Natural Habitat or Feature
Boundary Definition. The boundary of any natural habitat or feature
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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 through site evaluations and
reconnaissance, and shall be based on the ecological characterization
of the natural habitat or feature in conjunction with the map.
(1) Ecological Characterization Study. If the development site
contains, or is within five hundred (500) feet of, a natural
habitat or feature, or if it is determined by the Director, upon
information or from inspection, that the site likely includes
areas with wildlife, plant life and/or other natural
characteristics in need of protection, then the developer shall
provide to the city an ecological characterization report
prepared by a professional qualified in the areas of ecology,
wildlife biology or other relevant discipline. The Director may
waive any or all of the following elements of this requirement
if the city already possesses adequate information required by
this subsection to establish the buffer zone(s), as set forth in
subsection (E) below, and the limits of development ("LOD"),
as set forth in subsection (N) below. The ecological
characterization study shall describe, without limitation, the
following:
(a) the wildlife use of the area showing the species of
wildlife using the area, the times or seasons that the
area is used by those species and the "value" (meaning
feeding, watering, cover, nesting, roosting, perching)
that the area provides for such wildlife species;
(b) the boundary of wetlands in the area and a description
of the ecological functions and characteristics provided
by those wetlands;
(c) any prominent views from or across the site;
(d) the pattern, species and location of any significant
native trees and other native site vegetation;
(e) the bank, shoreline and high water mark of any
perennial stream or body of water on the site;
(f) areas inhabited by or frequently utilized by Sensitive
and Specially Valued Species;
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(g) special habitat features;
(h) wildlife movement corridors;
(i) the general ecological functions provided by the site
and its features;
(j) any issues regarding the timing of development-related
activities stemming from the ecological character of the
area; and
(k) any measures needed to mitigate the projected adverse
impacts of the development project on natural habitats
and features.
(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 the U.S. Army Corps of Engineers, the
U.S. Fish and Wildlife Service, the Colorado Natural Heritage
Program, and/or the Colorado Division of Wildlife in
establishing such boundaries. Wetland boundary delineations
shall identify both the boundary of any jurisdictional wetland
as defined by the standards and guidelines in use by the U.S.
Army Corps of Engineers at the time of development review
and any additional areas that would be classified as wetlands
according to the U.S. Fish and Wildlife Service wetland
classification systembe established in accordance with the U.S.
Fish and Wildlife Service wetland classification system and
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."
(E) Establishment of Buffer Zones. For every development subject to
this Division, the applicant shall propose, and the decision maker shall
approve on the project development plan, buffer zone(s) surrounding
natural habitats and featuresBuffer zones surrounding natural habitats
and features shall be shown on the project development plan for any
development that is subject to this Division. The purpose of the buffer
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zones is to protect the ecological character of the natural habitat or
natural feature from the impacts of the ongoing activity associated
with the development.
(1) Buffer Zone Performance Standards. The decision maker shall
approvedetermine the buffer zones for each natural habitat or
feature contained in the project site. The buffer zones may be
multiple and noncontiguous. The general buffer zone distance
shall beis established according to the criteria contained in
thebuffer zone table below, but the decision maker may
modifyshall reduce or enlarge any portion of the general buffer
zone distance provided that, if necessary in order to ensure that
the performance standards set forth below are achieved. This
may result in buffer zones of either greater or lesser distances
than those specified in the table below. The decision maker
may also modify such buffer zone distance if the strict
application of this subsection will impose an exceptional and
undue hardship upon the property owner or developer. The
buffer zone performance standards are as follows:
(a) The project shall be designed to preserve or enhance
the ecological character or function and wildlife use of
the natural habitat or feature and to minimize or
adequately mitigate the foreseeable impacts of
development.
(b) The project, including, by way of example and not by
way of limitation, its fencing, pedestrian/bicycle paths
and roadways, shall be designed to preserve or enhance
the existence of wildlife movement corridors between
natural features, both within and adjacent to the site.
(c) The project shall be designed to preserve significant
existing trees and other significant existing vegetation
on the site.
(d) The project shall be designed to protect from adverse
impact species utilizing special habitat features such as
key raptor habitat features, including nest sites, night
roosts and key feeding areas as identified by the
Colorado Division of Wildlife or in the Fort Collins
Natural Areas Policy Plan (NAPP); key production
areas, wintering areas and migratory feeding areas for
waterfowl; key use areas for wading birds and
shorebirds; key use areas for migrant songbirds; key
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nesting areas for grassland birds; fox and coyote dens;
mule deer winter concentration areas as identified by
the Colorado Division of Wildlife or NAPP; prairie dog
colonies over fifty (50) acres in size as included on the
Natural Habitats and Features Inventory Map; key
areas for rare, migrant or resident butterflies as
identified in the NAPP; areas of high terrestrial or
aquatic insect diversity as identified in the NAPP;
remnant native prairie habitat; mixed foothill
shrubland; foothill ponderosa pine forest; plains
cottonwood riparian woodlands; and any wetland
greater than one-quarter (¼) acre in size.
(e) The project shall be designed so that the character of
the proposed development in terms of use, density,
traffic generation, quality of runoff water, noise,
lighting and similar potential development impacts
shall minimize the degradation of the ecological
character or wildlife use of the affected natural habitats
or features.
(f) The project shall be designed to integrate with and
otherwise preserve existing site topography, including
but not limited to such characteristics as steepness of
slopes, existing drainage features, rock outcroppings,
river and stream terraces, valley walls, ridgelines and
scenic topographic features.
(g) The project shall be designed to enhance the natural
ecological characteristics of the site. If existing
landscaping within the buffer zone is determined by the
decision maker to be incompatible with the purposes of
the buffer zone, then the applicant shall undertake
restoration and mitigation measures such as regrading
and/or the replanting of native vegetation.
(h) The project shallmay be designed to provide
appropriate human access to natural habitats and
features and their associated buffer zones in order to
provide for passive recreational uses such as hiking,
fishing, photography, nature observation and
environmental education consistent with the goals and
objectives of the Natural Areas Policy Plan and the
General Management Guidelines for City-Owned
Natural Areas and Open Spaces, provided that such
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access is compatible with the ecological character and
wildlife use of the natural habitat or featureserve
recreation purposes, provided that such access is
comptabile with the ecological character or wildlife use
of the natural habitat or feature.
(i) Fencing associated with the project shall be designed to
be compatible with the ecological character and
wildlife use of the natural habitat or feature.
(j) Although the buffer zone table establishes a buffer zone
standard of a 900 foot radius for Red-tailed and
Swainson's hawk nest sites, such buffer zone standards
may be reduced by the decision maker to a radius of not
less than four hundred fifty (450) feet from such nest
sites provided that the developer mitigates such
reduction of the buffer area by providing an alternative
area of land acceptable to the City for use as raptor
habitat (as described in the Natural Habitats and
Features Mitigation Manual), which alternative area
shall be: (1) equal in acreage to the number of acres (or
portion thereof) lost because of the reduction of the
buffer area; and (2) subject to legal restrictions which
are permanently enforceable by the city and are
otherwise sufficient and satisfactory, as reasonably
determined by the city, to prevent uses or activities on
said property that would not be compatible with
encouraging and preserving raptor habitat and/or
nesting activities. In lieu of the developer's provision
of mitigation land as aforesaid, the developer may elect
to pay to the City, not later than the date of issuance of
the first building permit, an amount established by the
City Manager as being sufficient to compensate the city
for the then current fair market value of comparable
land in the city, for each acre (or portion thereof) of
land lost because of the reduction of the buffer area.
Any such payment shall be used by the city only for the
purpose of acquiring acceptable land suitable for raptor
habitat or restoring city-owned lands for the purpose of
establishing new raptor habitat thereon. The amount
established by the City Manager as aforesaid shall be
based upon the most recent "Cost of Land Report" as
prepared by the city's Department of Natural Resources
and such other credible information regarding current
land values as may be available to the City Manager,
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and shall be adjusted annually. At the discretion of the
City Manager, the determination may be referred to the
City Council for decision by resolution or ordinance.
Notwithstanding the foregoing, if a Red-tailed or
Swainson's hawk nest site is located within the right-of-
way of a four-lane arterial or major arterial street, or in
the D, Downtown; CC, Community Commercial; CCN,
Community Commerical-North College; C,
Commercial; CN, Commercial-North College; NC,
Neighborhood Commercial; or CL, Limited
Commercial Zone Districts, then the decision maker
may reduce the buffer zone standard to as little as zero
feet provided that the developer preserves the nest tree
and provides mitigation in accordance with this
subparagraph (j).
(2) Development Activities Within the Buffer Zone.
(a) No disturbance shall occur within any buffer zone and
no person shall engage in any activity that will disturb,
remove, fill, dredge, clear, destroy or alter any area,
including vegetation within natural habitats or features
including without limitation lakes, ponds, stream
corridors and wetlands, except as provided in
subsection (c) below.
(b) If the development causes any disturbance within the
buffer zone, whether by approval of the decision maker
or otherwise, the applicant shall undertake restoration
and mitigation measures within the buffer zone such as
regrading and/or the replanting of native vegetation.
The applicant shall undertake mitigation measures to
restore any damaged or lost natural resource either on-
site or off-site at the discretion of the decision maker.
Any such mitigation or restoration shall be at least
equal in ecological value to the loss suffered by the
community because of the disturbance, and shall be
based on such mitigation and restoration plans and
reports as have been requested, reviewed and approved
by the decision maker. Unless otherwise authorized by
the decision maker, if existing vegetation (whether
native or non-native) is destroyed or disturbed, such
vegetation shall be replaced with native vegetation and
landscaping.
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(c) The decision maker may allow disturbance or
construction activity within the buffer zone for the
following limited purposes:
1. mitigation of development activities;
2. restoration of previously disturbed or degraded
areas or planned enhancement projects to
benefit the natural area or feature;
3. emergency public safety activities;
4. utility installations when such activities and
installations cannot reasonably be located
outside the buffer zone or other nearby areas of
development;
5. construction of a trail or pedestrian walkway
that will provide public access for educational
or recreational purposes provided that the trail
or walkway is compatible with the ecological
character or wildlife use of the natural habitat or
feature; and
6. construction or installation of recreation
features or public park elements, provided that
such features or elements are compatible with
the ecological character or wildlife use of the
natural habitat or feature.
(3) Planning and Zoning Board Review for Projects with Less
Than Recommended Buffer. If the application of the
performance standards contained in this subparagraph results
in a proposed buffer zone that includes a buffer distance that is,
on average, less than eighty (80) percent of the minimum
general buffer distance recommended in the table below, then
the project will be reviewed through Planning and Zoning
Board Review as defined in Section 2.1.1.
BUFFER ZONE STANDARDSTABLE FOR
FORT COLLINS NATURAL HABITATS AND FEATURES1, 2
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NATURAL HABITAT OR FEATURE BUFFER ZONE STANDARD3
Isolated Areas
Irrigation ditches that serve as wildlife corridors 50 feet
Isolated patches of native grassland or shrubland 50 feet
Isolated patches of native upland or riparian forest 50 feet
Woodlots/farmstead windbreaks 25 feet
Naturalized irrigation ponds 50 feet
Naturalized storm drainage channels/detention ponds 50 feet
Lakes or reservoirs 100 feet
Wetlands < 1/3 acre in size 50 feet
Wetlands > 1/3 acre in size, without significant use by
waterfowl and/or shorebirds
100 feet
Wetlands > 1/3 acre in size with significant use by waterfowl
and/or shorebirds.
300 feet
Stream Corridors
Boxelder Creek 100 feet
Cache la Poudre River (west UGA boundary to College
Avenue)
300 feet
Cache la Poudre River in downtown (College to Lincoln
Avenue)2
200 feet
Cache la Poudre River (Lincoln Avenue to east UGA
boundary)
300 feet
Cooper Slough 300 feet
Dry Creek 100 feet
Fossil Creek and Tributaries 100 feet
Spring Creek 100 feet
Special Habitat Features/Resources of Special Concern
Bald eagle communal feeding sites 660 feet
Bald eagle communal roost sites 1,320 feet
Bald eagle nest sites 2,640 feet
Red-tailed, Ferruginous and Swainson's hawk nest sites 1,320900 feet
Winter raptor concentration areas 300 feet
Great blue heron colonial nest sites 825 feet
Migratory waterfowl concentration areas 300 feet
Nesting waterfowl concentration areas 300 feet
NATURAL HABITAT OR FEATURE BUFFER ZONE STANDARD3
Special Habitat Features/Resources of Special Concern
Migratory shorebird concentration areas 300 feet
Nesting shorebird concentration areas 300 feet
Migratory songbird concentration areas 300 feet
Locations of Preble's meadow jumping mouse 300 feet
Location of fox, coyote, and badger dens 50 feet
Locations of rare butterfly species site analysis
Locations of rare, threatened or endangered plant species site analysis
Locations of geological or paleontological sites of special
interest
site analysis
1Note that these buffer zone standards do not apply in areas zoned RDR – River Downtown Redevelopment.
Alternative standards are included in the description of this zone district.
2Table Ddistances may be modified as described in Section 3.4.1(E)(1) above to meet performance standards.
3Distances are horizontal distances in plan view from the natural habitat or feature to the boundary of development
lotsMeasurements will be made from the outer edge of the natural habitat or feature to the boundary of the lot, tract or
parcel of land that defines and describes the development.
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(a) Isolated area buffer zones such as woodlots, farm windbreaks, and forests will be measured from
the outer edge of the drip line toward the boundary of such lot, tract or parcel of land.
(b) Wetlands, grasslands and shrubland buffer zones will be measured from the outside edge of the
habitat toward the boundary of such lot, tract or parcel of land.
(c) Stream corridors, lakes, reservoirs, and irrigation ditches buffer zones will be measured from the
level of bankfull discharge toward the boundary of such lot, tract or parcel of land.
(d) Special habitat features/resources of special concern will be measured as a radius starting from the
outer edge of the habitat toward the boundary of such lot, tract or parcel of land.
(e) Locations of geological or paleontological sites of special interest will be measured from the outer
edge of the feature toward the boundary of such lot, tract or parcel of land.
(F) Protection of Wildlife Habitat and Ecological Character.
(1) Sensitive or Specially Valued Species. If the ecological
characterization report required pursuant to subsection
(D)(1) above shows the existence in such natural habitat or
feature of a plant or wildlife species identified by the city
as a Sensitive or Specially Valued Species, or by state or
federal agencies as "threatened" or, "endangered,", "species
of concern", or "sensitive natural community", then the
development plan shall include provisions to ensure that
any habitat contained in any such natural habitat or feature
or in the adjacent buffer zone which is of importance to the
use or survival of any such species shall not be disturbed or
diminished and, to the maximum extent feasible, such
habitat shall be enhanced. (NOTE: Some studies, e.g., rare
plant surveys, are time-limited and can only be performed
during certain seasons.) Projects that impact habitat areas
used by Sensitive or Specially Valued Species shall be
subject to Planning and Zoning Board Review.
(2) Connections. If the development site contains existing
natural habitats or features that connect to other off-site
natural habitats or features, to the maximum extent feasible
the development plan shall preserve such natural connections.
If natural habitats or features lie adjacent to (meaning in the
region immediately round about) the development site, but
such natural habitats or features are not presently connected
across the development site, then the development plan
shall, to the extent reasonably feasible, provide such
connection. Such connections shall be designed and
constructed to allow for the continuance of existing wildlife
movement between natural habitats or features and to
enhance the opportunity for the establishment of new
connections between areas for the movement of wildlife.
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(3) Wildlife Conflicts. If wildlife that may create conflicts for
the future occupants of the development (including, but not
limited to, prairie dogs, beaver, deer and rattlesnakes) are
known to exist in areas adjacent to or on the development
site, then the development plan must, to the extent
reasonably feasible, include provisions such as barriers,
protection mechanisms for landscaping and other site
features to minimize conflicts that might otherwise exist
between such wildlife and the developed portion of the site.
(G) Lakes/Riparian Area Protection.
(1) Lakes, Reservoirs and Ponds. If the development site
contains a lake, reservoir or pond, the development plan
shall include such enhancements and restoration as are
necessary to provide reasonable wildlife habitat and
improve aesthetic quality in areas of shoreline transition
and areas subject to wave erosion. The development plan
shall also include a design that requires uniform and
ecologically and aesthetically compatible treatment among
the lots or tracts surrounding a lake, reservoir or pond with
regard to the establishment of erosion control protection
and shoreline landscaping on or adjacent to such lots or
tracts. Water bodies and features such as irrigation ponds,
reflecting pools and lagoons constructed as new
landscaping features of a development project shall be
exempt from the standards contained in this subparagraph.
(2) Streambank Stabilization. When the Stormwater Master
Plans and the Storm Drainage Design Criteria and
Construction Standards of the city require streambank
stabilization, native vegetation shall be utilized for such
purpose, and engineered stabilization techniques such as
exposed rip rap shall be avoided, to the maximum extent
feasible. The use of native vegetation shall be the principal
means of streambank stabilization, and the use of rip-rap
for streambank stabilization shall be restricted to locations
where the use of vegetation techniques is not reasonably
feasible.
(H) Ridgeline Protection.
(1) Ridgeline Setback. So that structures blend more naturally
into the landscape rather than being a prominent focal
point, no development shall intrude into any ridgeline
protection area identified and designated by the Director
17
during the development review process in conjunction with
the establishment of the LOD and the buffer zone. For the
purposes of this subsection, a designated ridgeline
protection area shall include the crest of any hill or slope so
designated, plus the land located within one hundred (100)
horizontal feet (plan view) on either side of the crest of the
hill or slope.
(2) Building Height and Profile. Multilevel buildings shall
follow the general slope of the site in order to keep the
building height and profile in scale with surrounding
natural features.
(I) Design and Aesthetics.
(1) Project design. Projects in the vicinity of large natural
habitats and/or natural habitat corridors, including, but not
limited to, the Poudre River Corridor and the Spring Creek
Corridor, shall be designed to complement the visual
context of the natural habitat. Techniques such as
architectural design, site design, the use of native
landscaping and choice of colors and building materials
shall be utilized in such manner that scenic views across or
through the site are protected, and manmade facilities are
screened from off-site observers and blend with the natural
visual character of the area. These requirements shall
apply to all elements of a project, including any
aboveground utility installations.
(2) Visual Character of Natural Features. Projects shall be
designed to minimize the degradation of the visual
character of affected natural features within the site and to
minimize the obstruction of scenic views to and from the
natural features within the site.
(J) Stormwater Drainage/Erosion Control. All stormwater drainage
and erosion control plans shall meet the standards adopted by the
city Stormwater Utility for design and construction and shall, to
the maximum extent feasible, utilize nonstructural control
techniques, including but not limited to:
(1) limitation of land disturbance and grading;
(2) maintenance of vegetated buffers and natural vegetation;
(3) minimization of impervious surfaces;
18
(4) use of terraces, contoured landscapes, runoff spreaders,
grass or rock-lined waterways;
(5) use of infiltration devices;
(6) use of recharge basins, seepage pits, dry wells, seepage
beds or ditches, porous pavement or Dutch drainssub-drain
systems.
(K) Water Rights. To the extent that a development plan proposes the
creation of water features such as lakes, ponds, streams or
wetlands, the plan must include clear and convincing evidence that
such water features will be supplied with sufficient water whether
by natural means or by the provision of sufficient appropriative
water rights. No development plan shall be approved which would
have the effect of injuring or diminishing any legally established
water supply for any natural area.
(L) Compatibility with Public Natural Areas or Conserved Land. If
the project contains or abuts a publicly owned natural area or
conserved land, the development plan shall be designed so that it
will be compatible with the management of the public
propertysuch natural area or conserved land. In order to achieve
this, the development plan shall include measures such as barriers
or landscaping measures to minimize wildlife conflicts, setbacks or
open space tracts to provide a transition between the development
and the publicly owned natural area or conserved land, and
educational signage or printed information regarding the natural
values, management needs and potential conflicts associated with
living in close proximity to asuch natural area or conserved land.
(M) Access to Public Natural Areas or Conserved Land. In the event
that the development plan contains or abuts a publicly owned
natural area or conserved land, the development plan shall include
such easements and rights-of-way as are necessary to allow
reasonable access for the public to such natural area or conserved
land, unless such access is deemed by the decision maker to be
unnecessary and undesirable for the proper public utilization of
thesuch natural area or conserved land. Any such access
requirement or dedication shall be credited (based upon a fair
market value analysis) against any open spacesuch natural area or
conserved land dedication or fee-in-lieu thereof required by the
city. If the development site contains any privately owned natural
area or open lands, any access provided to such area, whether for
private or public use, if determined to be appropriate, shall be
designed and managed in such manner as to minimize the
disturbance of existing wildlife using such area.
19
(N) Standards for Protection During Construction. For every
development subject to this Division, the applicant shall propose,
and the Director shall establish, measures to be implemented
during the actual construction phase of the project to ensure
protection of natural habitats and features and their associated
buffer zones, as follows.
(1) Limits of Development. The applicant shall propose, and
the Director shall establish on the project development
plan, a "limits of development" ("LOD") line(s) to establish
the boundary of the project outside of which no land
disturbance activities will occur during the construction of
the project. The purpose of the LOD lines shall be to
protect natural habitats and features and their associated
buffer zones from inadvertent damage during site
construction activities. The location of the LOD shall be
designed to preserve significant ecological characteristics
of the affected natural habitat or feature that could not
reasonably be restored if disturbed by construction
activities associated with the project. The LOD shall also
be designed to accommodate the practical needs of
approved construction activity in terms of ingress and
egress to the developed project and necessary staging and
operational areas.
(2) Designation. LODs, as approved by the Director, shall be
shown on the final plan for development. LODs shall be
designated in the field prior to commencement of
excavation, grading or construction with fencing or other
methods approved by the Director.
(3) Barrier Fencing. Construction barrier fencing shall be
provided at the limits of development during construction.
For the protection of natural habitats and features,
including but not limited to trees and clumps of trees to be
preserved with a buffer zone that is to be disturbed, tree
protection specifications as described in subsection
3.2.1(G)(1) and (3) through (7) shall be followed.
(4) Construction Timing. Construction shall be organized and
timed to minimize the disturbance of Sensitive or Specially
Valued Species occupying or using on-site and adjacent
natural habitats or features.
20
(5) Prairie Dog Removal. Before the commencement of
grading or other construction on the development site, any
prairie dogs inhabiting portions of the site within the LOD
shall be relocated or eradicated by the developer using city-
approved methods as set forth in Chapter 4 of the City
Code and, when applicable, using methods reviewed and
approved by the Colorado Division of Wildlife.
(O) Proof of Compliance.
(1) If a proposed development will disturb an existing wetland,
the developer shall provide to the city a written statement
from the U.S. Army Corps of Engineers that the
development plan fully complies with all applicable federal
wetland regulations as established in the federal Clean
Water Act.
(2) If the Director obtains credible information regarding
threatened or pending regulatory enforcement action
related to an environmental condition of the property to be
developed, or an environmental impact related to the
development plan, then the Director may require the
developer to provide to the city written statements from
such governmental agencies as the Director may designate
as having related jurisdiction based on the nature of the
threatened enforcement action or environmental impact.
Said statements shall verify that the development plan fully
complies with environmental regulations within the
jurisdiction of the writing agency. If the developer, after a
diligent effort, is unable to obtain such written verifications
from one (1) of more of the designated agencies, the
developer shall at least provide to the city a written
verification from said agency that the city's approval of the
development plan will not interfere with a threatened or
pending environmental enforcement action of said agency.
All required written statements shall be provided to the
Director prior to the scheduling of the hearing for the
project development plan.
Section 12. That Section 3.5.3(B)(2)(d)2. and 3. of the Land Use Code is
hereby amended to read as follows:
2. if the building is adjacent toabuts a four-lane or six-
lane arterial street, and the Director has determined
that an alternative to the street sidewalk better
serves the purpose of connecting commercial
21
destinations due to one (1) or more of the following
constraints:
a. high volume and/or speed of traffic on the
adjacentabutting street(s),
b. landform,
c. an established pattern of existing buildings
that makes a pedestrian-oriented streetfront
infeasible.
Such an alternative to the street sidewalk
must include a connecting walkway(s) and
may include internal walkways or other
directly connecting outdoor spaces such as
plazas, courtyards, squares or gardens.
3. in the case of Large Retail Establishments,
Supermarkets or other anchor-tenant buildings that
face internal connecting walkways with pedestrian
frontage in a development that includes additional
outlying buildings adjacent toabutting the street(s).
Section. 13. That Section 3.5.4(C)(3)(c) of the Land Use Code is hereby
amended to read as follows:
(c) Back sides. The minimum setback for any building
facade shall be thirty-five (35) feet from the nearest
property line. Where the facade faces
adjacentabutting residential uses, an earthen berm,
no less than six (6) feet in height, containing at a
minimum evergreen trees planted at intervals of
twenty (20) feet on center, or in clusters or clumps,
shall be provided.
Section 14. That Section 3.6.3(C) and (D) of the Land Use Code are hereby
amended to read as follows:
(C) Except as provided in (B) above for cul-de-sacs, no dead-end
streets shall be permitted except in cases where such streets are
designed to connect with future streets on adjacentabutting land, in
which case a temporary turnaround easement at the end of the
street with a diameter of at least eighty (80) feet must be provided.
22
Such turnaround easement shall not be required if no lots in the
subdivision are dependent upon such street for access.
(D) If residential lots in a subdivision are adjacent toabut an arterial
street, no access to individual lots from such arterial street shall be
permitted.
Section 15. That Section 3.6.2(J)(1) of the Land Use Code is hereby amended
to read as follows:
(1) Public alleys in residential subdivisions shall be permitted
only when: (a) they are necessary and desirable to continue
an existing pattern, or (b) they are needed to allow access
to residential properties having garages or other parking
areas situated behind the principal structure and the
principal structure is on a narrow residential local street.
Section 16. That Section 3.6.5(B) of the Land Use Code is hereby amended to
read as follows:
(B) General Standard. All development located on an existing or
planned transit route shall accommodate a transit stop and other
associated facilities as prescribed by the City of Fort Collins
Transit Design Standards and Guidelines, unless the Director of
Transportation Services determines that adequate transit facilities
consistent with the Transit Design Standards already exist to serve
the needs of the development. All development located on
existing transit routes will accommodate the transit facilities by
providing the same at the time of construction. All development
located on planned routes will accommodate said facilities by
including the same in the development plan and escrowing funds
for their constructionin order to enable the city or its agents to
construct the transit facilities at the time transit service is provided
to the development.
Section 17. That Section 3.8.5(C) of the Land Use Code is hereby amended to
read as follows:
(C) All such veterinary clinics and hospitals shall be designed and
constructed in a manner that reduces the sound coming from any
such clinic or hospital to the level of sixty-five (65) decibels at any
given adjacentabutting property line.
Section 18. That Section 3.8.7(C)(d)2. and 3. of the Land Use Code are hereby
amended to read as follows:
23
2. All such signs shall be located within the
development and must be located along
arterial roads adjacent tostreets abutting the
development and shall be subject to the
following limitations:
a. No more than two (2) such signs
shall be permitted on any single
arterial boundary of the
development.
b. Such signs must be at least one
thousand (1,000) feet apart if they
are not located at the same
intersection.
3. When a development has no frontage on an
arterial roadstreet, identification signs may
be located along collector streets adjacent
toabutting the development, except that no
more than one (1) such sign shall be
permitted along any collector street adjacent
toabutting the development.
Section 19. That Section 3.8.7(E)(10) of the Land Use Code is hereby
amended to read as follows:
(10) The length of any flush wall sign for an individual tenant
space shall be limited to seventy-five (75) percent of the
width of the tenant storefront, but no sign shall exceed
forty (40) feet in length; provided, however, that any
individual tenant space exceeding forty-five thousand
(45,000) square feet in floor area shall be permitted one (1)
flush wall sign not exceeding fifty-five (55) feet in length.
Each tenant space shall be allowed one (1) such flush wall
sign on each exterior building wall directly adjacent
toabutting the tenant space. In the event that a tenant space
does not have a directly adjacentabutting exterior wall, one
(1) sign not exceeding thirty (30) square feet may be
erected on an exterior wall of the building for the purpose
of identifying that tenant space.
Section 20. That Section 3.8.7(G) of the Land Use Code is hereby amended to
read as follows:
24
(1) Ground signs which exceed forty-two (42) inches in height,
and freestanding signs which do not maintain free air space
between a height of forty-two (42) inches and seventy-two
(72) inches above the adjacentabutting street elevation,
shall be set back from the right-of-way line a distance as
established in the sight distance triangle table contained in
this subsection. A freestanding sign shall not be construed
to have free air space if such sign has a base, the width of
which exceeds fifty (50) percent of the width of its face or
three (3) feet, whichever is smaller. In addition,
freestanding and ground signs shall not be located closer to
the right-of-way line than allowed in the tables below that
apply to such signs.
. . .
(5) When a freestanding or ground sign is placed on a lot with
two (2) or more street frontages, such sign shall be said to
be adjacent toabut a particular street frontage when it is
located closer to that street frontage than any other street
frontage.
. . .
(7) If a lot has more than one (1) street frontage, the
freestanding or ground sign permitted for each frontage
must be located adjacent toabut the street frontage which is
the basis for the allotment of such sign.
(8) The sign face of a single face sign must be most nearly
parallel to the abutting street frontage to which it is
adjacent. The sign faces of a multi-face sign must be most
nearly perpendicular to the abutting street frontage to
which they are adjacent.
. . .
Section 21. That Section 3.8.11(C)(4) of the Land Use Code is hereby
amended to read as follows:
(4) no more than forty-two (42) inches in height when located
within the visual clearance triangle described in Section
3.2.1(L)3.8.7(G)(1), and, if over thirty-two (32) inches in
height within such triangle, fences shall be constructed of
split rail with a minimum dimension of twelve (12) inches
between horizontal members;
25
Section 22. That Section 3.8.17(A)(3) of the Land Use Code is hereby
amended to read as follows:
(3) ContextualTransitional Height. Regardless of the
maximum building height limit imposed by the zone
district standards of this Land Use Code, applicants shall be
allowed to use a "contextual""transitional" height limit.
The allowed "contextual""transitional" height may fall at
anyor below the mid-point between the zone district
maximum height limit and the height, in feet, of a building
that exists on a lot that is adjacent toabuts the subject lot
and faces the same street as the building on the subject lot.
This provision shall not be interpreted as requiring greater
minimum heights or lower maximum heights than imposed
by the underlying zone district.
Section 23. That Section 3.8.19(B) of the Land Use Code is hereby amended to
read as follows:
(B) Contextual Setbacks. Regardless of the minimum front setback
requirement imposed by the zone district standards of this Land
Use Code, applicants shall be allowed to use a "contextual" front
setback. A "contextual" front setback may fall at any point
between the front setback required in the zone district and the front
setback that exists on a lot that is adjacentabuts, and is oriented to,
the same street as the subject lot. If the subject lot is a corner lot,
the "contextual" setback may fall at any point between the zone
district required front setback and the front setback that exists on
the lot that is abutting and oriented to the same street as the subject
lot. If lots on either side of the subject lot are vacant, the setback
shall be interpreted as the minimum required front setback that
applies to the vacant lot. This provision shall not be construed as
requiring a greater front setback than that imposed by the
underlying zone district, and it shall not be construed as allowing
setbacks to be reduced to a level that results in right-of-way widths
below established minimums.
Section 24. That Section 3.9.4(B)(1) of the Land Use Code is hereby amended
to read as follows:
(B) Site Perimeter Landscaping Adjacent toAbutting the I-25 Right-
of-Way.
(1) Buffers adjacent toabutting I-25. Developments with a site
perimeter which is adjoining the I-25 right-of-way shall
26
provide a landscaped buffer of at least eighty (80) feet
between the building or parking lot edge and the I-25 right-
of-way. The buffer shall consist of informal clusters of
deciduous and evergreen trees and shrubs planted in an
offset pattern and shall consist of one (1) tree and ten (10)
shrubs per twenty-five (25) lineal feet of frontage.
Section 25. That Section 4.1(B)(3)(c)5. of the Land Use Code is hereby
amended to read as follows:
5. Elderly day care centersAdult day/respite
care center.
Section 26. That Sectin 4.3(B)(3)(c)2. of the Land Use Code is hereby
amended to read as follows:
2. Elderly day care centersAdult day/respite
care center.
Section 27. That Section 4.4(B)(2)(b)2. of the Land Use Code is hereby
amended to read as follows:
2. Public and private schools for college,
university, vocational and technical
education, provided they are located within
five hundred (500) feet of East Vine Drive
or railroad property adjacentabutting and
parallel to East Vine Drive.
Section 28. That Section 4.4(B)(2)(c)4. of the Land Use Code is hereby
amended to read as follows:
4. Elderly day care centersAdult day/respite
care center.
Section 29. That Section 4.4(B)(3)(c)2. and 3. of the Land Use Code are
hereby amended to read as follows:
2. Enclosed mini-storage facilities, provided
they are located on property adjoining the
railroad property adjacentabutting and
parallel to East Vine Drive, and are located
within five hundred (500) feet of such
railroad property.
27
3. Limited indoor recreation establishments,
provided they are located within five
hundred (500) feet of East Vine Drive or of
the railroad property adjacentabutting and
parallel to East Vine Drive.
Section 30. That Section 4.4(D)(2)(b) of the Land Use Code is hereby
amended to read as follows:
(b) Lot sizes and dimensions shall be varied for
different housing types to avoid monotonous
streetscapes. For example, larger housing types on
larger lots are encouraged on corners. Smaller lots
are encouraged adjacent toabutting common open
spaces are encouraged.
Section 31. That Section 4.5(B)(2)(c)5. of the Land Use Code is hereby
amended to read as follows:
5. Elderly day care centersAdult day/respite
care center.
Section 32. That Section 4.5(D)(2)(b) of the Land Use Code is hereby
amended to read as follows:
(b) Lot sizes and dimensions shall be varied for
different housing types to avoid monotonous
streetscapes. For example, larger housing types on
larger lots are encouraged on corners. Smaller lots
are encouraged adjacent toabutting common open
spaces are encouraged.
Section 33. That Section 4.7(B)(1)(c)2. of the Land Use Code is hereby
amended to read as follows:
2. Elderly day care centersAdult day/respite
care center.
Section 34. That Section 4.8(B)(1)(c)4. of the Land Use Code is hereby
amended to read as follows:
4. Elderly day care centersAdult day/respite
care center.
Section 35. That Section 4.11(E)(4)(b)1. of the Land Use Code is hereby
amended to read as follows:
28
1. Parking areas shall have blocks of parking
stalls interspersed with landscaped islands in
order to minimize the visual contrast of the
parking area with the natural landscape. To
the maximum extent feasible, pavement
edges shall be flush with adjacentabutting
landscape materials or walkways to
minimize the appearance of standard
concrete curbs and to emphasize the
integration of development with the
landscape.
Section 36. That Section 4.13(B)(3)(c)6. of the Land Use Code is hereby
amended to read as follows:
6. Elderly day care centersAdult day/respite
care center.
Section 37. That Section 4.13(D)(3)(c)1. of the Land Use Code is hereby
amended to read as follows:
1. Height/Mass. Multiple story buildings of up
to five (5) stories are permitted; however,
massing shall be terraced back from the
River and from streets as follows: (1)
buildings or parts of buildings shall step
down to one (1) story adjacent toabutting the
River landscape frontage; and (2) buildings
or parts of buildings shall step down to three
(3) stories or less adjacent toabutting any
street frontage.
Section 38. That Section 4.14(B)(2)(c)24. of the Land Use Code is hereby
amended to read as follows:
24. Elderly day care centersAdult day/respite
care center.
Section 39. That Section 4.15(B)(2)(c)22. of the Land Use Code is hereby
amended to read as follows:
22. Elderly day care centersAdult day/respite
care center.
29
Section 40. That Section 4.16(B)(2)(c)19. of the Land Use Code is hereby
amended to read as follows:
19. Elderly day care centersAdult day/respite
care center.
Section 41. That Section 4.16(D)(3)(a)1. of the Land Use Code is hereby
amended to read as follows:
1. Height/Mass. The maximum building
height shall be three (3) stories. If multi-
story buildings are included in a
development, such buildings shall be
designed to step down to one (1) story
directly adjacent toabutting the natural area
protection buffer.
Section 42. That Section 4.17(B)(3)(b)15. of the Land Use Code is hereby
amended to read as follows:
15. Elderly day care centersAdult day/respite
care center.
Section 43. That Section 4.18(B)(2)(c)39. of the Land Use Code is hereby
amended to read as follows:
39. Elderly day care centersAdult day/respite
care center.
Section 44. That Section 4.19(B)(2)(c)21. of the Land Use Code is hereby
amended to read as follows:
21. Elderly day care centersAdult day/respite
care center.
Section 45. That Section 4.20(B)(1)(c)21. of the Land Use Code is hereby
amended to read as follows:
21. Elderly day care centersAdult day/respite
care center.
Section 46. That Section 4.21(B)(2)(c)6. of the Land Use Code is hereby
amended to read as follows:
6. Elderly day care centersAdult day/respite
care center.
30
Section 47. That Section 4.21(D)(3)(a) of the land Use Code is hereby
amended to read as follows:
(a) Maximum building height for all nonresidential
usesbuildings, including those containing mixed-
use dwelling units, shall be six (6) stories.
Maximum building height for residential
usesbuildings shall be three (3) stories.
Section 48. That Section 4.21(E)(3)(a) of the Land Use Code is hereby
amended to read as follows:
(a) Industrial Buildings. To the extent reasonably
feasible, industrial buildings shall provide a primary
entrance that faces and opens directly onto the
adjacentabutting street sidewalk or a walkway,
plaza or courtyard that has direct linkage to the
street sidewalk without requiring pedestrians to
cross any intervening driveways or parking lots.
Section 49. That Section 4.22(B)(2)(c)11. of the Land Use Code is hereby
amended to read as follows:
11. Elderly day care centersAdult day/respite
care center.
Section. 50. That Section 4.22(D)(2)(d) of the Land Use Code is hereby
amended to read as follows:
(d) Residential uses (except mixed-use dwellings when
the residential units are stacked above a primary use
which occupies the ground floor) .
Section 51. That Section 4.22(D)(2)(e) of the Land Use Code is hereby
amended to read as follows:
(e) Standard and fast food restaurants.
Section 52. That Section 4.22(D)(4)(a) of the Land Use Code is hereby
amended to read as follows:
(a) Maximum building height for all nonresidential
usesbuildings, including those containing mixed-
use dwelling units, shall be four (4) stories.
31
Maximum building height for residential
usesbuildings shall be three (3) stories.
Section 53. That Section 4.22(E)(2) of the Land Use Code is hereby amended
to read as follows:
(2) Building Design. To the extent reasonably feasible,
industrial buildings shall provide a primary entrance that
faces and opens directly onto the adjacentabutting street
sidewalk or a walkway, plaza or courtyard that has direct
linkage to the street sidewalk without requiring pedestrians
to cross any intervening driveways or parking lots. The
following exceptions shall be permitted to this standard and
to the requirements contained in Section 3.5.3(B):
. . .
Section 54. That Section 4.23(B)(2)(a)1. of the Land Use Code is hereby
amended to read as follows:
1. Mixed-use dwelling units constructed above
non-residential uses, provided that the
aggregate floor area of all mixed-use
dwelling units does not exceed the aggregate
floor area of all non-residential uses in the
building.
Section 55. That Section 4.23(B)(2)(e) of the Land Use Code is hereby
amended to read as follows:
(e) Accessory/Miscellaneous Uses:
1. Mixed-use dwelling units constructed at
ground level, provided that they are
ancillary to and associated with a principal
non-residential use on the lot.
12. Satellite dish antennas greater than thirty-
nine (39) inches in diameter.
23. Wireless telecommunication equipment.
34. Wireless telecommunications facilities.
Section 56. That Section 4.23(B)(3)(c)16. of the Land Use Code is hereby
amended to read as follows:
32
16. Elderly day care centersAdult day/respite
care center.
Section 57. That Section 4.23(D)(1)(a) of the Land Use Code is hereby
amended to read as follows:
(a) Maximum building height for all nonresidential
usesbuildings, including those containing mixed-use
dwelling units, shall be four (4) stories. Maximum
building height for residential usesbuildings shall be
three (3) stories.
Section 58. That Section 4.23(E)(3)(a)1. of the Land Use Code is hereby
amended to read as follows:
1. Industrial and commercial activities shall
not be located adjacent toabut a residential
area unless the activities and related storage
are contained within a building or otherwise
completely screened from view from the
residential area.
Section 59. That Section 4.24(B)(2)(c)7. of the Land Use Code is hereby
amended to read as follows:
7. Elderly day care centersAdult day/respite
care center.
Section 60. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of a new definition "abutting" which reads in its entirety as follows:
Abut or Abutting shall mean touching. An abutting condition shall not be affected
by the parcelization or division of land that results in an incidental, non-buildable,
remnant lot, tract or parcel.
Section 61. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of a new definition "adjacent" which reads in its entirety as follows:
Adjacent shall mean nearby, but not necessarily touching. The determination of
"nearby" shall be made on a case-by-case basis, taking into consideration the
context in which the term is used and the variables (such as but not limited to
size, mass, scale, bulk, visibility, nature of use, intensity of use) that may be
relevant to deciding what is "nearby" in that particular context. Adjacency shall
not be affected by the existence of a platted street or alley, a public or private
right-of-way, a public or private transportation right-of-way or area.
33
Section 62. That the definition "Neighborhood support/recreation facilities"
contained in Section 5.1.2 of the Land Use Code is hereby amened to read as follows:
Neighborhood support/recreation facilities shall mean recreation/pool facilities
and/or meeting rooms intended for the use and enjoyment of residents and guests
of the adjacent neighborhood.
Section 63. That the definition "Pedestrian frontage" contained in Section
5.1.2 of the Land Use Code is hereby amended to read as follows:
Pedestrian frontage shall mean an area adjacent toabutting a connecting
walkway, developed to provide continuous safety, interest and comfort for people
walking or sitting; pedestrian frontage shall consist of building faces, site design
features and/or landscape areas on one (1) or both sides, and not parking stalls on
both sides.
Section 64. That subsection (8) of the definition "Sign" contained in Section
5.1.2 of the Land Use Code is hereby amended to read as follows:
(8) on-site traffic directional signs which do not exceed four (4) square
feet per face or ten (10) feet in height, which are not displayed as
an A-frame portable sign, and which do not carry a commercial
message other than identification. The minimum horizontal
distance between such signs shall be fifteen (15) feet, except for
signs designating the purpose for which parking stalls may be
used, such as for handicap parking, compact cars, etc.;
Section 65. That the definition "Sign, flush wall" contained in Section 5.1.2 of
the Land Use Code is hereby amended to read as follows:
Sign, flush wall shall mean any sign attached to, painted on or erected against the
wall of a building in such a manner that the sign face is parallel to the plane of the
wall and is wholly supported by the wall. Banners, canvas or any other similar
flexible material may be used for this type of sign only if the material is securely
attached directly to the building fascia or to a rigid sign structure in a manner
which prevents the material from flapping, waving or otherwise moving, sagging
or wrinkling; and the rigid structure is attached directly to the building fascia.
Any sign made of banner, canvas, or other similar flexible material that is not
attached to a rigid structure in this manner is not a flush wall sign and shall be
subject to the banner regulations contained in Section 3.8.7(N) of this Land Use
Code.*
*All such "flexible material" flush wall signs existing as of the effective date of
Ordinance No. ___, 2004, must be brought into compliance with the changes
made to this definition by Ordinace No. ___, 2004, not later than November 1,
2004.
34
Section 66. That subsection (3) the definition of "Solar-oriented lot" contained
in Section 5.1.2 of the Land Use Code is hereby amended to read as follows:
(3) a corner lot with a south lot line oriented to within thirty (30)
degrees of a true east-west line, which south lot line adjoins a
public street or permanently reserved open space; provided,
however, that the adjacentabutting street right-of-way or open
space has a minimum north-south dimension of at least fifty (50)
feet. For the purposes of this definition, "permanently reserved
open space" shall include, without limitation, parks, cemeteries,
golf courses and other similar outdoor recreation areas, drainage
ditches and ponds, irrigation ditches and reservoirs, lakes, ponds,
wetlands, open spaces reserved on plats for neighborhood use and
other like and similar permanent open space.
Section 67. That the definition "Zero lot line structure" contained in Section
5.1.2 of the Land Use Coee is hereby amended to read as follows:
Zero lot line structure shall mean a structure with at least one (1) wall
conterminous with the lot line, which wall may include footings, eaves and
gutters that may encroach onto the adjacentabutting lot under the authority of an
encroachment and maintenance easement.
Introduced and considered favorably on first reading and ordered published this
1st day of June, A.D. 2004, and to be presented for final passage on the 15th day of June,
A.D., 2004.
_____________________________
Mayor
ATTEST:
_________________________
City Clerk
Passed and adopted on final reading this 15th day of June, A.D. 2004.
______________________________
Mayor
ATTEST:
___________________________
City Clerk