HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/19/2007 - FIRST READING OF ORDINANCE NO. 081, 2007, MAKING V ITEM NUMBER: 11
AGENDA ITEM SUMMARY DATE: June 19, 2007
FORT COLLINS CITY COUNCIL STAFF: Ted Shepard
SUBJECT
First Reading of Ordinance No. 081, 2007, Making Various Amendments to the Land Use Code.
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
On May 17, 2007,the Planning and Zoning Board considered the proposed changes and voted 7-0
to recommend approval of 15 of the proposed changes and voted 5-2 to recommend approval of one
of the proposed changes to City Council.
EXECUTIVE SUMMARY
Staff has identified a variety of proposed changes, additions and clarifications in the Spring 2007
biannual update of the Land Use Code. Items relating to Transit Oriented Development have been
separated from this Ordinance and are being considered individually due to the time-sensitivity
relating to procurement of a Federal grant.
BACKGROUND
The Land Use Code was first adopted in March 1997. Subsequent revisions have been
recommended on a biannual basis to make changes,additions,deletions and clarifications that have
been identified in the preceding six months. The proposed changes are offered in order to resolve
implementation issues and to continuously improve both the overall quality and"user-friendliness"
of the Code.
Attachment 3 provides an explanation as to why the Spring 2007 update does not include a revision
to the Sign Code to limit the duration of display of"For Sale" and"For Lease" signs.
ATTACHMENTS
1. Summary of the Planning and Zoning Board's action.
2. Summary of the issues.
3. Evaluation of the "for sale/for lease" sign regulations in the Code.
ATTACHMENT 1
SUMMARY OF P & Z DISCUSSION
REGARDING FIVE ITEMS
At the P & Z Board hearing on May 17, 2007, the Board considered 17 proposed
code changes. The items relating to Transit Oriented Development, was
considered separately by Council on June 5, 2007 due to the time sensitivity
related to obtaining a Federal grant.
Of the remaining 16 items, the Board voted 7— 0 approve 11 items as a block
without discussion. Five items were discussed individually. The summary of the
discussion and the Board's recommendation are as follows:
1. Item 762 Amend 2.2.11(13)(3) — Term of Vested Riaht—to decrease
from 5 to 3 years the timeframe by which the Director estimates a
developer may complete all engineering improvements in order to
allow an extended term for large base industry.
This item was pulled for questions. With the questions answered satisfactorily,
the Board voted 7 — 0 to recommend approval to City Council.
2. #767 Amend 5.1.2 — Definition of Restaurant. Drive-in —to clarify the
distinction between a drive-in and drive-through restaurant.
This item was pulled to ask whether the proposed change would affect any of the
permitted uses within the various zone districts (Article Four) that allow these
types of restaurants. Staff answered that the proposed change is for clarification
purposes in the definition section (Article Five) only. Based on this response, the
Board voted 7— 0 to recommend approval to City Council.
3. #771 — Clarify NCL. NCM & NCB zones so that:
1) Type 1 review is required for both new and existing detached
accessory buildings (remodels) that have existing or proposed
water and sewer service and.
2) the entire floor area of the around floor of an accessory building
counts regardless of ceilina heiaht.
One Board member understood that the intent was to close the loophole with
regard to existing detached accessory buildings. But, the following question was
asked:
"Would existing detached accessory buildings that are larger than 600
square feet and which already contain water and/or sewer service, or for
which the owner desires to ad water and /or sewer service, then become
legal non-conforming uses?"
Those buildings that are larger than 600 square feet and currently contain
water/sewer are already considered to be legal, nonconforming uses under the
current wording. In the situation where an applicant wants to add water/sewer to
an existing building that is larger than 600 square feet, a modification request
would have to be part of the development application.
Based on this response, the Board voted 7 —0 to recommend approval to City
Council.
4. Item 773 Amend 2.1.5 — Dedications and Vacations —Authorize the
Director to approve the dedication and vacation of public easements
instead of the Plannina and Zonina Board.
This item was pulled for a minor clarification. After explanation, the Board voted
7— 0 to recommend approval to City Council.
5. Item 769 Amend 4.16(D)(5)(e) — Downtown Development Standards—
Buildina Design —to require the exterior materials used along the
street be consistently applied for the full heiaht of the buildina alona
street-facina facades.
One Board member expressed concern that the standard went too far in limiting
the use of metal as an exterior material that would be considered high quality.
This member made a motion to strike the last sentence which reads:
"Architectural metals shall not include ribbed or corrugated metal panel
systems."
This member explained that with such a restriction, there may be a potential of
stifling creative design or imaginative use of sheet metal.
In response to a question, Staff explained that the intention was to prohibit the
use of what may commonly be referred to as a 'Butler Building" and similar low-
cost building products.
One member expressed that it would better to be safe than sorry and retain the
last sentence and allow Staff to make the determination between high quality
architectural metal panels and low cost metal panels that are not appropriate for
Downtown.
Other members stated that the last sentence acts as further explanation as to the
intent of the standard. Every preceding sentence in the standard is stated in the
affirmative (what we want) and the last is stated in the negative (what we do not
want). By indicating what is desirable and what is undesirable, the standard
provides additional clarity.
The Board voted 5 —2 to recommend approval of the item as written in the draft
Ordinance and retain the last sentence of the standard.
ATTACHMENT 2
Land Use Code Issues
Tuesday,June 12,2007
Issue ID# Issue Name
689 Amend L-M-N 4.5(B)(3)[c]4.to allow"artisan, photography studios and galleries" as permitted uses which
are not part of an neighborhood center in addition to'offices, financial services,clinics." Add a definition.
Works with Item 774.
761 Amend 1.4.9(C)(2)in order to clearly define the meaning of"or"&"and/or"to avoid confusion.
762 Amend 2.2.11(13)(3)-Term of Vested Right-to decrease from 5 to 3 years the timeframe by which the
Director estimates a developer may complete all engineering improvements in order to allow an extended term
for large base industry.
764 Amend 5.1.2-Grade-to clarify how the height of a sign is determined.
767 Amend 5.1.2-Defmition of Restaurant-Drive-in-to clarify the distinction beween a drive-in and drive-
through restaurant.
768 Amend 3.8.7(N)-Sign Code-in order to add flexibility for the purpose of allowing the display of non-
commercial banners during community events.
769 Amend 4.16(13)(5)(e)-Downtown Development Standards-Building Design-to require the exterior materials
used along the street be consistently applied for the full height of the building along street-facing facades in the
Canyon Avenue and Civic Center.
770 Amend 4.16(E)(1)[c] -Downtown Site Design-to require ground floor civic space for buildings that exceed
four stories in the Canyon Avenue and Civic Center sub-districts.
771 Clarify NCL,NCM&NCB-Type I is required for both new&existing detached accessory buildings
(remodels)that have existing or proposed W&S service;and the entire floor area of ground floor of
accessory building counts regardless of ceiling height.
773 Amend 2.1.5-Dedications and Vacations-to allow the granting and vacations of easements to be authorized
administratively by the Director versus P&Z Board as is current practice.
774 Delete 4.5(D)(4)-LMN Land Use Standards-Other Nonresidential Development-to allow'offices, financial
services and clinics"to be located outside an established neighborhood center. Works with Item 689.
775 Amend 14 zones Permitted Use List-Mixed-Use Dwelling Units-to delete the word"units"to remove an
unintended consequence that associates the term to a definition that makes it more difficult to gain approval.
776 Amend 2.9.4(F)(2)-Notice for Rezonings of Less Than 640 Acres-to change the notice requirement from 7
to 14 days.
777 Add to H-M-N-Shelters for Victims of Domestic Violence-as this was inadvertently omitted in Fall of 2006.
And move the use from Accessory to Residential in the permitted use list in 5 zones to correct an error.
781 Amend 3.2.2(K)(1)(a)l.-Required Number of Off-street Spaces-to include Mixed-Use Dwellings as a type of
housing that is exempt from providing the required minimum number of parking spaces within the T.O.D.
overlay zone.
782 Amend 5.1.2-Definition of Transit Oriented Development(TOD)to add"Overlay Zone"to clarify that such
development is geographically tied to a specific area and not city-wide generically. And,add the area between
Cherry St.&Martinez Park.
Tuesday,June 12,2007 Page 1 of 1
Land Use Code Maintenance Process
Annotated Issue List
689 Amend L-M-N 4.5(B)(3)[c]4.to allow"artisan, photography studios and galleries"as
permitted uses which are not part of an neighborhood center in addition to'offices,financial
services,clinics." Add a definition. Works with Item 774.
Problem Statement
The L-M-N zone district allows for a limited amount of non-residential land uses to serve
the neighborhood. Such uses are intended to be fully integrated into the neighborhood
and provide services that are within walking or biking distance of the residents. A variety
of permitted non-residential uses in the L-M-N are to be located,first,within designated"
neighborhood centers,"and,second,outside a"neighborhood center,"but only if there is
already an established"neighborhood center."
An L-M-N neighborhood center is allowed to include,among other uses,"offices,
financial services and clinics,"subject to Administrative Review(Type One).
An L-M-N neighborhood center is also allowed to include,among other uses,"artisan and
photography studios and galleries,"subject to Planning and Zoning Board Review(Type
Two).
But,the permitted uses allowed,which are not specifically contained within a
neighborhood center,and only if a neighborhood center is established,are currently
restricted to only"offices, financial services and clinics."
Staff has received inquiries and proposals for"artisan and photography studios and
galleries"that desire to move into existing houses along arterial streets in areas where
there is no clearly defined and established neighborhood center. Further,there is
presently no definition for this proposed use even though it is allowed,but only in an
established neighborhood center. Staff finds that these are valid land uses that could have
a positive impact on the infill and redevelopment of these L-M-N neighborhoods.
Proposed Solution Overview
The proposed solution is to add"artisan and photography studios and galleries"as an
allowable use in the L-M-N zone district that may be located outside a neighborhood
center. In addition,a definition for such a use is provided.
Related Code Revisions
Ord.Section Code Cite Revision Effect
11 4.5(B)(3)(c)4. Adds a use to L-M-N
34 5.1.2 Adds a new definition
761 Amend 1.4.9(C)(2)in order to clearly define the meaning of"or"&"and/or"to avoid
confusion.
Problem Statement
Section 1.4.9(C)(2)defines the word`or"to mean that the connected words or provisions
may apply singly or in any combination. Section 1.4.9(C)(1)defines the word"and"to
indicate that all connected words or provisions apply. Then,throughout the Land Use
Code,we use the term"and/or'. Our intention in using the term"and/or"is to indicate
that the connected words or provisions may apply singly or in any combination.
Tuesday,June 12,2007 Page 1 of 10
Therefore,the word"or"is sufficient to convey that meaning and the words"and/or"
create confusion in the mind of the reader.
Proposed Solution Overview
Amend Section 1.4.9(C)(2)to implement the change.
Related Code Revisions
Ord.Section Code Cite Revision Effect
1 1.4.9(C)(2) Clarifies a rule of construction for text
762 Amend 2.2.11(D)(3)-Term of Vested Right-to decrease from 5 to 3 years the timeframe by
which the Director estimates a developer may complete all engineering improvements in order
to allow an extended term for large base industry.
Problem Statement
Section 2.2.11(D)(3)provides for a three year term of vested right except that a longer
term of vested right may be reached by agreement if,among other things,the director
determines that it will likely take more than five years to complete all engineering
improvements. The reference to five years is erroneous and should have been three
years. Otherwise,there is a gap between the three year term of vested right and the
commencement of a five year term. Changing the number from five to three closes that
gap.
Proposed Solution Overview
Amend Section 2.2.11(D)(3)for consistency and to close the gap.
Related Code Revisions
Ord.Section Code Cite Revision Effec!
3 2.2.11(D)(3) Corrects the timeframe to complete improvements
764 Amend 5.1.2-Grade-to clarify how the height of a sign is determined.
Problem Statement
The sign code regulates the maximum height allowed for freestanding signs based on the
height above grade. Grade is defried in Article 5 as"the elevation of the centerline of the
street at the center of the property for the purpose of measuring signs." Since freestanding
signs are primarily designed to attract the attention of motorists using the adjacent street,
the code designates the street as the basis for measuring the height of signs. Additionally,
the street is used as the basis for height rather than the ground underneath the sign because
the height of the street can't be artificially raised by the property owner. If the ground
underneath the sign were to be used as the basis instead of the street,then a 12'tall sign
placed on a 6'tall berm would still only be considered a 12'tall sign. Thus,the property
owner would legally be able to have a 12'tall sign structure that ends up being 18'tall
when considered in relation to the street.
Additionally,using the elevation of the centerline of the street at the center of the property
can be problematic. For instance,if a lot has 400' of street frontage,the code requires
that the sign height is based on the elevation of the center of the street at the center of the
property,even though the sign might actually be located 200' further down the street and
at a point where the elevation of the street closest to the sign may be several feet lower
than it is at the middle of the property. Thus,a sign that is 15' tall when measured at the
street elevation nearest the sign is in actuality only a 12' tall sign when compared to the
street elevation 200'away at the center of the property,and would be allowed even
though it exceeds the maximum allowed height of 12'.
Proposed Solution Overview
Tuesday,June 12,2007 Page 2 of 10
Since the intent of the code is to regulate the height of a sign as it relates to the elevation
of the travel lane of the street near the sign,staff recommends that the definition of Grade
in Section 5.1.2 of the LUC be amended.
Related Code Revisions
Ord.Section Code Cite Revision Effect
35 5.1.2 Clarifies how to measure the height of a sign
767 Amend 5.1.2-Definition of Restaurant-Drive-in-to clarify the distinction beween a drive-in
and drive-through restaurant.
Problem Statement
A drive-in restaurant is a restaurant in which food or beverages are served directly to the
customer without the need for the customer to exit the motor vehicle. This can be
accomplished in two ways. 1)A restaurant employee(car hop)may take the food or
beverages to the customer's parked car and then the customer usually consumes the items
in the car while it remains parked on the premises(aka drive-in),or 2)the restaurant
employee delivers the food or beverages to the customer through a drive-up window and
then the customer usually drives away and consumes the items elsewhere(aka drive-
thru).
Both of these methods of operation are defined in Article 5 by the term`restaurant,drive-
in". Users of the Land Use Code have contacted us on numerous occasions wondering
why we allow drive-in restaurants but not drive-thru restaurants. They read the code and
mistakenly think that there is a difference between a drive-in restaurant and a drive-thru
restaurant.
Proposed Solution Overview
Our code intends that a drive-in restaurant is any establishment in which the manner of
serving food to customers includes either of the above-described methods. In order to
clarify that the term`drive-in restaurant' also applies to `drive-thru restaurant',staff
recommends that the existing definition be amended to include an alternative name,and
that a new definition for`drive-thru restaurant'be added that refers to the existing
definition. This is similar to how we have dealt with other terms in Article 5 that are
known by two names.
Related Code Revisions
Ord,Section CodeCUe Revision Effect
36 5.1.2 Clarifies restaurant definitions
37 5.1.2 Clarifies restaurant definitions
768 Amend 3.8.7(N)-Sign Code-in order to add flexibility for the purpose of allowing the
display of non-commercial banners during community events.
Problem Statement
The banner regulation in the sign code allows established businesses to display banners
for up to 20 days per calendar year. New businesses,during the first year of operation,
and non-profit organizations are allowed an additional 20 days per year. As currently
written,a business must obtain a banner permit in order to display a non-commercial
banner or pennant which promotes an event of community interest,and the number of
days for which the banner is to be displayed counts towards the business's annual
allotment.
Since these types of banner displays count against the number of days allowed,many
Tuesday,June 12,2007 Page 3 of 10
businesses choose not to use up their banner days to promote community events or
celebrations. They would rather use their days for the purpose of promoting their own
business. Therefore,many community events are not promoted or celebrated.
Proposed Solution Overview
Staff believes that building community spirit and involvement is an important policy that
the City should help foster. Finding ways for businesses and organizations to promote
and celebrate events such as back-to-school,high school and college graduations,and
home football games is crucial to furthering that policy.
Therefore,staff recommends that Section 3.8.7(N)of the Land Use Code be amended to
allow businesses and organizations the ability to display non-commercial banners in a
way which will not subtract from their ability to use their banner days to promote their
own business. The proposed amendment requires that the City Manager determine which
community events and times would qualify for the additional days.
Related Code Revisions
Ord.Section Code Ci[e Revision Effect
6 3.8.7(N) Allows display of non-commercial banners and pennants
on a limited basis
769 Amend 4.16(D)(5)(e)-Downtown Development Standards-Building Design-to require the
exterior materials used along the street be consistently applied for the full height of the
building along street-facing facades in the Canyon Avenue and Civic Center.
Problem Statement
In the Fall of 2006,Council passed new height restrictions,on a block-by-block basis in
the Canyon Avenue and Civic Center sub-districts of the Downtown zone. The analysis
of the issue revealed that the regulatory criteria that pertain to the quality of a building's
exterior may not be as clear and direct as intended. Staff is particularly concerned that the
regulations regarding street-facing facades of downtown buildings may be ambiguous and
should be clarified. The purpose is to make sure that quality exterior materials are used
for the full height of the building along the street-facing facades.
Proposed Solution Overview
The proposed solution adds clarification language so that quality exterior materials are
used for the full height,not partial height,along all street-facing facades.
Related Code Revisions
Ord Secuo Code Cite Revision Effect
19 4.16(D)(5)(e) Enhances exterior materials for buildings in Downtown
Canyon Avenue and Civic Center
770 Amend 4.16(E)(1)[c)-Downtown Site Design-to require ground floor civic space for
buildings that exceed four stories in the Canyon Avenue and Civic Center sub-districts.
Problem Statement
In the Fall of 2006,Council passed new height restrictions,on a block-by-block basis in
the Canyon Avenue and Civic Center sub-districts of the Downtown zone. There is a
concern that taller buildings in these sub-districts may be allowed without the benefit of
providing ground floor open space available to the public along the sidewalk. Such
provision of either active or passive open space provides a human scale to tall buildings
and promotes an attractive urban environment. As proposed,this criterion would not
apply to buildings that are three stories or less.
Proposed Solution Overview
Tuesday,June 12,2007 Page 4 of 10
The proposed solution is to add a criterion in the two affected sub-districts that require
either active or passive open space but only for buildings that are four stories or taller.
Related Code Revisions
Ord Section Code Cite Revision Effect
20 4.16(E)(1)[c] Enhances outdoor spaces for taller buildings in Downtown
Canyon Avenue and Civic Center
771 Clarify NCL,NCM&NCB-Type I is required for both new&existing detached accessory
buildings(remodels)that have existing or proposed W&S service;and the entire floor area
of ground floor of accessory building counts regardless of ceiling height.
Problem Statement
The NCL,NCM and NCB district regulations were amended in 2004 in order to more
adequately address the issue of alley-oriented development in the old town
neighborhoods. Staff has found that a couple of the new regulations should be amended
to clarify the language and close loopholes.
I)[]Accessory Building Review:
One of the adopted regulations requires new alley houses and new detached,accessory
buildings with habitable space(water and/or sewer service)to be subject to a Type 1
public hearing process. This process was put in place in order to address adjacent
property owner's frustration in their lack of meaningful input with respect to rear lot
development.
The wording of the new regulation with regards to detached,accessory buildings can be
interpreted in such a way that only new accessory buildings with water and/or sewer
service are considered to have habitable space and are subject to a Type 1 review. This
interpretation would mean that existing detached,accessory buildings which already
contain water and/or sewer service or for which the owner desires to add water and/or
sewer service are currently not considered to be"accessory buildings with habitable space"
. Therefore,proposals to remodel such buildings or to add water and/or sewer service are
not subject to a Type 1 review,rather they are subject only to a non-public hearing
building permit review.
Staff believes that the intent of the 2004 amendment is that all accessory buildings with
water and/or sewer service should be considered to be buildings that contain habitable
space,regardless of whether or not the building is a new building or an existing building.
Adding water and/or sewer to an existing accessory building basically results in changing
the use of the building from an accessory building without habitable space to an accessory
building with habitable space. The end product is the same whether the building is a new
building or an older building and such a change of use of an existing accessory building
should be subject to the same type of review as a proposal for a new one. Without
clarifying the language,it's currently possible for someone to obtain a permit to construct
a new accessory building without water and/or sewer,complete the building,and then
apply for a new permit to add water and/or sewer to this"existing"building—and thereby
circumvent the Type 1 public hearing that is required for a new accessory building with
water and/or sewer.
2)OFloor area of the ground floor:
The 2004 code revisions established a maximum size limit for detached,accessory
buildings in the NCL,NCM and NCB zones of 600 square feet(total allowed for all floor
levels combined). The adopted regulation contains a description of what is to be counted
Tuesday,June 12,2007 Page 5 of 10
as floor area in such buildings. Specifically,the Code states that
"Floor area shall include all floor space(including basement space)within the building
having a ceiling height of at least 7 Y2 feet".
As currently written,any area in an accessory building with a ceiling height of less than 7
Y:feet does not count towards the 600 square feet of allowed floor area. This has resulted
in cases where an applicant proposes a 2-story accessory building containing a 600 square
foot garage with a ceiling height of 7' 5 Yz"on the ground level and an additional 600
square feet of space on the second level with a ceiling height of at least 7 ''/z'. The area of
the ground level garage doesn't count because of the imperceptible Ya inch lower ceiling,
and therefore this building is allowed even though the perceived floor area of the building
is really 1200 square feet instead of 600 square feet. Rewording this regulation so that the
wording is the same as is set forth in how to calculate the allowed floor area of an alley
house would close this loophole by counting the entire floor area of the ground floor
regardless of the ceiling height.
Proposed Solution Overview
Staff recommends that subsection(3)of Sections 4.7(D),4.8(D),and 4.9(D)of the NCL,
NCM and NCB regulations be amended to clarify that new and existing accessory
buildings with water and/or sewer are treated the same and that the floor area of
accessory buildings includes the entire ground floor regardless of ceiling height.
Related Code Revisions
Ord Section Code Cite Revision E((ecf
14 4.7(D)(3) Clartfies alley-oriented development standards in N-C-L
15 4.8(D)(3) Clarifies alley-oriented development standards in N-C-M
16 4.9(D)(3) Clarifies alley-oriented development standards in N-C-B
773 Amend 2.1.5-Dedications and Vacations-to allow the granting and vacations of easements
to be authorized administratively by the Director versus P&Z Board as is current practice.
Problem Statement
The Land Use Code and City Code require that the Planning and Zoning Board function
as the decision maker authorized to consider stand-alone(not included within a concurrent
development plan)requests to vacate or dedicate public easements.
Bringing easement dedication and vacation requests to the Board for consideration takes
substantial effort,but with no gain to the general public. Staff must prepare a report and
associated documents in order for the Board to take action.The Planning and Zoning
Board expends time at monthly worksessions and at hearings considering the staff-
prepared documentation.The requests have been routine and non-controversial--over the
past 10 years,the Planning and Zoning Board has approved all 293 easement
dedication/vacation requests under consideration,each of which appeared on the Consent
agenda.
Proposed Solution Overview
Authorize the Director to approve stand-alone requests to dedicate or vacate public
easements instead of the Planning and Zoning Board.The Planning and Zoning Board
would continue to be authorized to consider easement dedications and vacations if
evaluating a concurrent development plan application.
Requests to vacate public right-of-way(as opposed to easements)would continue to be
evaluated at the discretion of City Council.
Related Code Revisions
Tuesday,June 12,2007 Page 6 of 10
Ord.Section Code Cite Revision Effect
2 2.1.5 Shifts authority for accepting dedications and vacations of
easements from P 8 Z to Director
774 Delete 4.5(Dx4)-LMN Land Use Standards-Other Nonresidential Development-to allow
"offices,financial services and clinics"to be located outside an established neighborhood
center. Works with Item 689.
Problem Statement
Currently,the standard requires that in the L-M-N district,certain non-residential land
uses may be permitted but only if a neighborhood center is established. The original
intent of the standard was to promote non-residential uses to locate within neighborhood
centers and not allow a random dispersal of such uses that would have the effect of
diminishing the opportunity for successful neighborhood centers.
Staff has found that the issue of isolated non-residential land uses being proposed in a
manner and pattern that would preclude a neighborhood center has not manifested itself
since the adoption of the Land Use Code in 1997. In researching this issue,Staff has
found that there are two general types of L-M-N development. The first is found on the
perimeter of the city in new projects such as Rigden Farm,Observatory Village,Harvest
Park,Maple Hill and the like. The second is found along arterial streets within the
existing built-up areas that are candidates for redevelopment.
Perimeter L-M-N projects are under the control of a master developer where plan
approval requires the platting and designation of neighborhood centers. Infill areas,
however,are already developed,under multiple ownership and characterized by existing
residential structures facing an arterial street. Further,these areas lack a clearly defined
and established neighborhood center.
Two of these areas,for example,are along East Prospect Road and West Mulberry Street.
It is in these infill and established areas where Staff has seen sensible redevelopment
proposals that included a variety of uses related to artistic endeavors but could not be
allowed due to the existing prohibition.
The standard also includes the ability of the decision maker to impose conditions
regarding off-street parking,hours of operation and number of employees. The ability to
impose these conditions is also found in Section 3.5.1(J)(1 —7)so deletion of this section
does not preclude the ability to impose such conditions.
Proposed Solution Overview
The solution is to delete the section to allow offices,financial services,clinics and,as
proposed under Item 689,artisan and photography studios and galleries,to locate in
areas where there is not an established L-M-N neighborhood center.
Related Code Revisions
Ord.Section CodeCit Revision Effect
12 4.5(D)(4) Allows certain non-residential uses more flexibility to locate
in L-M-N
775 Amend 14 zones Permitted Use List-Mixed-Use Dwelling Units-to delete the word"units"
to remove an unintended consequence that associates the term to a definition that makes it
more difficult to gain approval.
Problem Statement
A Mixed-use dwelling is defined as a dwelling that is located on the same lot or in the
Tuesday,June 12,2007 Page 7 of 10
same building as a non-residential use. Often referred to as a live-work unit,this type of
arrangement is a fundamental component of the Land Use Code that promotes variety in
housing types and efficient use of land.
Since a mixed-use dwelling offers flexibility for both infill and new projects on the fringe,
it is permitted in 16 out of 25 zone districts subject to Administrative Review(Type One)
versus Planning and Zoning Board review(Type Two).
The problem is that the Land Use Code contains separate definitions for"Dwelling"and"
Dwelling Unit."
A Dwelling refers to a building used for residential occupancy. A Dwelling Unit refers to
one or more rooms and a single kitchen and at least one bathroom located within a
building used for residential occupancy.
As mentioned,there are 16 zones that contain this use. In 14 zones,the use is described
as"Mixed-use dwelling units"which is the problem. But, in two zones,the use is
described as"Mixed-use dwelling"which is the solution.
By adding the word"units"to the end of"Mixed-use dwelling,"the unintended
consequence is that a"Mixed-use dwelling unit"becomes a subset of a"Dwelling." In
other words,only the residential component of the building is allowed as a Type One.
As a subset of a"Dwelling,"the non-residential component of the Mixed-use dwelling
becomes a separate use and can only be allowed in locations where non-residential uses
are permitted in the L-M-N District. It was never the intention to place such limitations
on this type of housing. By deleting the word"unit,"the use will stand on its own and the
non-residential component will not be considered as a separate use.
Proposed Solution Overview
The proposed solution is to delete the word units from the description of the land use so
the meaning is clear and unambiguous.
Related Code Revisions
Ord Section Code Cite Revision Effect
10 4.5(B)(2)(a)6. Removes an unintended consequence in L-M-N
13 4.6(B)(2)(a)5. Removes an unintended consequence in M-M-N
18 4.16(B)(2) Removes an unintended consequence in D
21 4.17(B)(2)(a)6. Removes an unintended consequence in R-D-R
22 4.18(121)(2)(a)6. Removes an unintended consequence in C-C
24 4.19(13)(2)(a)7. Removes an unintended consquence in C-C-N
25 4.20(B)(2)(a)5. Removes an unintended consequence in C-C-R
26 4.21(13)(2)(a)6. Removes an unintended consequence in C
27 4.22(8)(2)(a)7. Removes an unintended consequence in C-N
28 4.23(13)(2)(a)4. Removes an unintended consequence in N-C
29 4.24(13)(2)(a)l. Removes an unintended consequence in C-L
31 4.26(B)(2)(s)l. Removes an unintended consequence in H-C
32 4.27(8)(2)(a)1. Removes an unintended consequence in E
33 4.28(B)(2)(a)1. Removes an unintended consequence in I
Tuesday,June 12,2007 Page 8 of 10
776 Amend 2.9.4(Fx2)-Notice for Rezonings of Less Than 640 Acres-to change the notice
requirement from 7 to 14 days.
Problem Statement
The typical notification requirement for mailed notice for most procedures in the Land
Use Code is 14 days. The change would bring consistency to the notification procedures.
Proposed Solution Overview
The solution is to change the mailed notice requirement for rezonings to from 7 to 14
days.
Related Code Revisions
Ord,Section Code Cite Revision Effect
4 2.9.4(F)(2) Increases notice for rezonings from 7 to 14 days
777 Add to H-M-N-Shelters for Victims of Domestic Violence-as this was inadvertently
omitted in Fall of 2006. And move the use from Accessory to Residential in the permitted use
list in 5 zones to correct an error.
Problem Statement
In the Fall of 2006,"Shelters for Victims of Domestic Violence"was defined and placed
into 18 zone districts. This newly defined use,however,was inadvertently omitted from
being placed into the H-M-N,High Density Mixed-Use Neighborhood zone district.
Also in the Fall of 2006,this new use was incorrectly listed under"Accessory Uses"in
five zones instead of"Residential Uses" in the permitted use list for projects that can be
processed under the Basic Development Review procedure.
Proposed Solution Overview
The solution is to add"Shelters for Victims of Domestic Violence"to the H-M-N zone.
And,move the use out of"Accessory Uses" to"Residential Uses"under the Basic
Development Review procedure under Basic Development Review.
Related Code Revisions
Ord.Section Code Cite Revision Effect
7 4.1(B)(1)(e)l. Moves use from Accessory to Residential in R-U-L
8 4.2(13)(1)(e)1. Moves use from Accessory to Residential in U-E
9 4.3(B)(1)(e)l. Moves use from Accessory to Residential in R-F
17 4.10(B)(1)(e)2. Adds use to H-M-N
23 4.19(B)(1)(e)2. Moves use from Accessory to Residential in C-C-N
30 4.26(B)(1)(e)l. Moves use from Accessory to Residential in H-C
781 Amend 3.2.2(K)(1)(a)1.-Required Number of Off-street Spaces-to include Mixed-Use
Dwellings as a type of housing that is exempt from providing the required minimum number
of parking spaces within the T.O.D.overlay zone.
Problem Statement
As part of the Fall of 2006 Land Use Code Update,Council adopted the Transit Oriented
Development Overlay Map which is now codified in the definition section of the Land
Use Code. In addition,Multi-family dwellings within the Transit Oriented Development
(T.O.D.)area were exempted from having to provide the required minimum number of off-
street parking spaces.
Staff has since done further research with respect to creating incentives for T.O.D.
Tuesday,June 12,2007 Page 9 of 10
projects to locate within this district. This research leads us to conclude that Mixed-use
dwellings would also benefit from the same treatment as Multi-family dwellings as these
two housing types further the goals and vision of creating an effective mixed-use,multi-
modal transit corridor.
Proposed Solution Overview
The proposed solution is to add Mixed-use dwellings,along with Multi-family dwellings,
as the two specific housing types that are exempt from having to provide the required
minimum number of parking spaces,but only within the T.O.D. area as defined on the
adopted map and codified in the definition section of the Land Use Code.
Related Code Revisions
Ord.Section Code Cite Revision Effect
5 3.2.2(K)(1)(a)1. Exempts Mixed-Use Dwelling Units in TOD from required
minimum number parking spaces
782 Amend 5.1.2-Definition of Transit Oriented Development(TOD)to add"Overlay Zone"to
clarify that such development is geographically tied to a specific area and not city-wide
generically. And,add the area between Cherry St.&Martinez Park.
Problem Statement
As part of the Fall of 2006 Land Use Code Update,Council adopted the Transit Oriented
Development Overlay Map which is now codified in the definition section of the Land
Use Code. There is a concern that the term"Transit Oriented Development'may have
the potential of being interpreted generically as being applicable anywhere in the City
instead of being geographically limited to a certain area. While the basic principles of
new urbanism are already codified in most zone districts,the Transit Oriented
Development Overlay Zone will feature a unique set of proposed regulations that are
designed to create uses,density and compatibility standards that support multi-modal
transportation.
In addition, Staff has concluded that the area north of Cherry Street and south of Martinez
Park is already developing in a manner similar to the vision of the T.O.D.and was
inadvertently omitted from the Overlay Zone.
Proposed Solution Overview
The proposed solution is to add the words"Overlay Zone"to the definition and map in
Article Five and to add the add the area between Cherry Street and Martinez Park to the
Overlay Zone.
Related Code Revisions
Ord.Section codeCit Revision Effect
38 5.1.2 Clarifies TOD definition and map
Tuesday,June 12,2007 Page 10 of 10
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ATTACHD4ENT 3
Evaluate the `for sale'/ `for lease' sign regulations in the Code to determine if
there should be a specific time limit placed on the display of such signs
Problem Statement
Staff has been asked to look into the issue of long-term display of 'for lease' or 'for sale'
signs and determine if the sign code should be changed by further restricting their use.
The sign code currently limits the size of 'for sale' and 'for lease' signs and allows such
signs to be displayed for as long as the property is available for sale or for lease. Once
the property is sold or leased, then the sign must be removed. The signs are limited to
6 square feet in residential zones and 16 square feet in commercial areas. (Until 1994,
signs in commercial areas were allowed to be up to 32 square feet in size).
Numerous commercial properties, especially those consisting of multi-tenant buildings,
seem to have 'for lease' signs that are on permanent display. Many of these properties
are never fully leased, or if they are fully leased they have tenants that will be leaving in
the near future. Therefore, it is the owner's desire to advertise the availability of a
currently vacant space or a soon-to-be-available space. As a result, situations do exist
where it seems 'for lease' signs are on display all the time.
Staff Evaluation
Sign regulations from thirteen municipalities were researched for a comparison of size
limits, time limits for display, and permit requirements for 'for lease' and 'for sale' signs.
• All but one of the cities surveyed allow these signs to be of the same size as ours
or larger. Only Broomfield was found to have a smaller size limit (12 square feet
compared to our 16 square feet).
• All but two of the cities has the same time limit as Fort Collins, meaning the signs
can be displayed as long as the property is available for sale or for lease. Once
the availability no longer exists, the sign must be removed. The exceptions are
Boulder and Westminster, which are slightly less restrictive since they allow the
sign to remain on display for up to 7 days after the sale or rental of the property.
• None of the cities require the issuance of a sign permit for 'for sale' or 'for lease'
signs that comply with the applicable size limits of their code. However, Santa
Fe, New Mexico will allow signs which exceed their base size limit provided that
a sign permit is obtained and provided that such a sign does not exceed 32
square feet in size.
• All of the cities expressed the opinion that the only way a "time limit" regulation
can be enforced is by requiring a permit for all 'for sale' or 'for lease' signs, and
that the process of permit issuance, follow-up inspection and enforcement would
require considerable time and resources.
Conclusion
Staff concludes that:
1 . Property owners need to be able to display reasonably sized 'for sale' or 'for
lease' signs during any time a property is available for sale or for lease.
2. The display of such signs contributes to the economic health of the community,
enabling prospective tenants and buyers to find available properties in areas of
interest to them by looking for signs indicating that space is available for rent or
purchase.
3. If time limits were established, property owners whose signs need to be removed
at the end of their allotted time would be at a competitive disadvantage since
other owners would still be advertising the availability of other properties
throughout the city.
4. Enacting a time limit regulation will impact existing staff resources due to the time
necessary to issue permits, inspect for sign removal on the specified date, and
enforce against violations.
5. The City's current size regulation for 'for sale' or 'for lease' signs is reasonable.
6. Staff recommends that the code should not be amended by establishing time
limits for the display of'for sale' or 'for lease' signs.
_z _
ORDINANCE NO , 081 , 2007
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 , 19971 by Ordinance No. 051 , 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. 9(C)(2) of the Land Use Code is hereby amended
to read as follows :
(2) "Or" or "and/or" indicates that the connected words or provisions
may apply singly or in any combinations .
Section 2 . That Section 2 . 1 . 5 of the Land Use Code is hereby amended to
read as follows :
2. 1 .5 Dedications and Vacations
n onf . �n ra azrrccrt�rr- easements
an other-
rights
of way
as
ln . d out
on.
of streets,
plats or as other-wise deSOFibed in deeds of dedication, w-hethef! on or off the site o
r
� �l v
enir p ming iLm� ahMt i7 subject to Planning and Zoning
Bonfd review,shall be aceepted by the Planning a.B.d Zoning Boaf!d in aceordanee with Seetio
appf!oval of such planning item. The Board shall also have the authority to vacate
+o t
easefnefitS�—anal. Athe�j &S Of 3ATay, L41t RAt—te�ii , � � nt��iG C'7 nv—GLLI< Alleys,, ' b
resolution or by appFoval
of plats
(or- repin- eofAaini „ng notatio„S of sue
1
vacation. Dedication of stfeets, easements and other rights of way as laid out o
plats of othefwise Eleser-ibed in deeds of dediea4ien, whether- on or- off the site of �a
speeifie planning item that is subject to adminisAfative feview (ineluding Basie
Development Review), shall be aeo. epted by the Difeeter-, pfevided that sue
Difeetof shall also have the authofity to vaeate easements and othef fights of way,
but not to inelude st-Feets and alleys, by feseltAioii or- by appfeval of plats (of.
A . By the Planning and Zoning Board
As part of its review and approval of a specific planning item, the Board may
accept the dedication of streets, easement and other rights-of-way shown on plats
and deeds for such item. The Board may also vacate easements and rights-of-
way, other than streets and alleys, if they pertain to a planning item subject to
review by the Board. Such acceptance and/or vacation may be accomplished
either by resolution or by notation on the plat for the item.
B . By the Director
The Director may also accept the dedication of streets, easements and other
rights-of-way shown on the plats and deeds associated with a specific planning
item. Such authority of the Director shall extend to planning items that are
subject to review and approval by the Board as well as those that are subject to
administrative review and approval and shall apply to both on-site and off-site
streets, easements and rights-of-way. The Director may also vacate easements
and rights-of-way, other than streets and alleys, whether they pertain to a planning
item subject to review by the Board or administrative review. Such acceptance
and/or vacation may be accomplished either by resolution or by notation on the
plat for the item.
Section 3 . That Section 2 .2 . 11 (D)(3 ) of the Land Use Code is hereby
amended to read as follows :
(3) Term of Vested Right. Within a maximum of three (3 ) years
following the approval of a final plan or other site specific
development plan, the applicant must undertake, install and complete
all engineering improvements (water, sewer, streets, curb, gutter,
street lights, fire hydrants and storm drainage) in accordance with city
codes, rules and regulations . The period of time shall constitute the
"term of the vested property right. " The foregoing term of the vested
property right shall not exceed three (3 ) years unless : (a) an extension
is granted pursuant to paragraph (4) of this subsection, or (b) the city
and the developer enter into a development agreement which vests the
property right for a period exceeding three (3) years . Such agreement
2
may be entered into by the city only if the subject development
constitutes a "large base industry" as defined in Article 5 , or if the
Director determines that it will likely take more than five-(5)three (3)
years to complete all engineering improvements for the development,
and only if warranted in light of all relevant circumstances, including,
but not limited to, the size and phasing of the development, economic
cycles and market conditions. Any such development agreement shall
be adopted as a legislative act subject to referendum. Failure to
undertake and complete the development within the term of the vested
property right shall cause a forfeiture of the vested property right and
shall require resubmission of all materials and reapproval of the same
to be processed as required by this Land Use Code. All dedications as
contained on the final plat shall remain valid unless vacated in
accordance with law.
Section 4 . That Section 2 . 9 .4(F)(2)of the Land Use Code is hereby amended
to read as follows :
(2) Zonings or Rezonings of No More Than Six Hundred Forty (640) Acres
(Quasi-judicial). Section 2 .2 .6(A) shall apply exeep thatthe noaee
provided for- ther-ei-n sha4l be mailed at least seven (7) days prior- to the
„„'��ear-i.n.g/meeting date (instead of fotffteen [ 14] days) and such
notices shall identify the proposed new zone district(s), as well as the
uses permitted therein, shall indicate whether a neighborhood meeting
will be held with regard to the proposed zoning or rezoning, and shall
inform the recipient of the notice of the name, address and telephone
number of the Director to whom questions may be referred with regard
to such zoning change. Section 2 .2 . 6(B), (C) and (D) shall apply, and
the published notice given pursuant to Section 2 .2.6(C) shall provide the
time, date and place of the hearing, the subject matter of the hearing and
the nature of the proposed zoning change.
Section 5 . That Section 3 .2 .2(K)( 1 )(a) l of the Land Use Code is hereby
amended to read as follows :
1 . Multi-family dwellings and mixed-use dwellings within the
Transit Oriented Development (TOD) Overlay Zone shall
have no minimum parking requirements .
Section 6 . That Section 3 . 8 . 7(N) of the Land Use Code is hereby amended to
read as follows :
(N) Banners and Pennants.
( 1 ) Banners and pennants are allowed in any zone district, provided a
permit is obtained from the Director. Any pPermittees shall be
entitled to use banners or pennants for not more than twenty (20)
3
days per calendar year except as provided in subsection (2) below
and except that an additional twenty (20) days per calendar year
shall be allowed for non-profit organizations, and for new
businesses during the first year of operation. The Director shall
issue a permit for the use of banners and pennants only in locations
where such banners and pennants will not cause unreasonable
annoyance or inconvenience to adjoining property owners or other
persons in the area and on such conditions as deemed necessary to
protect adjoining premises and the public . The maximum size
allowed for any one banner is forty (40) square feet. No more than
one ( 1 ) banner may be displayed at any one time on each street that
fronts the parcel of land on which the establishment requesting the
permit is located; provided, however, that multiple banners may be
displayed on a single street if the aggregate square footage of such
banners does not exceed forty (40) square feet. All banners and
pennants shall be removed on or before the expiration date of the
permit. If any person, business or organization erects any banners
or pennants without receiving a permit, as herein provided, the
person, business or organization shall be ineligible to receive a
permit for a banner or pennant for the remainder of the calendar
year.
(2) Notwithstanding the time limitations contained in subsection ( 1 )
above, non-commercial banners or pennants may be displayed for
such additional periods of time as may be established by the City
Manager during community events that, in the judgment of the
City Manager, advance a goal or policy of the City Council and
contribute to the health, safety or welfare of the city.
Section 7 . That Section 4 . 1 (B)( 1 ) of the Land Use Code is hereby amended to
read as follows :
(B) Permitted Uses.
( 1 ) The following uses are permitted in the R-U-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) Agricultural Uses :
1 . Agricultural activities .
(b) Accessory/Miscellaneous Uses :
1 . Accessory buildings .
2 . Accessory uses.
4
3 . Farm animals .
4 . She fter TAM yiet. ms of
domestie •item!. .
(c) Any use authorized pursuant to a site specific development plan
that was processed and approved either in compliance with the
Zoning Code in effect on March 2, 1997, or in compliance with
this Land Use Code (other than a final subdivision plat, or
minor subdivision plat, approved pursuant to Section 29-643 or
29-644 of prior law, for any nonresidential development or any
multi-family dwelling containing more than four [4] dwelling
units), provided that such use shall be subject to all of the use
and density requirements and conditions of said site specific
development plan.
(d) Any use which is not hereafter listed as a permitted use in this
zone district but which was permitted for a specific parcel of
property pursuant to the zone district regulations in effect for
such parcel on March 27 , 1997 ; and which physically existed
upon such parcel on March 27 , 1997 ; provided, however, that
such existing use shall constitute a permitted use only on such
parcel of property.
(e) Residential Uses :
1 . Shelters for victims of domestic violence.
Section 8 . That Section 4 .2(B)( 1 ) of the Land Use Code is hereby amended to
read as follows :
(B ) Permitted Uses.
( 1 ) The following uses are permitted in the U-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:
(a) Accessory/Miscellaneous Uses .
1 . Accessory buildings containing two thousand five hundred
(2,500) square feet or less of floor area.
2 . Accessory uses.
2 . Shelter for victims of domestic violence .
7
(b) Any use authorized pursuant to a site specific development plan
that was processed and approved either in compliance with the
s
Zoning Code in effect on March 27, 1997 , or in compliance
with this Land Use Code (other than a final subdivision plat, or
minor subdivision plat, approved pursuant to Section 29-643 or
29-644 of prior law, for any nonresidential development or any
multi-family dwelling containing more than four [4] dwelling
units), provided that such use shall be subject to all of the use
and density requirements and conditions of said site specific
development plan.
(c) Any use which is not hereafter listed as a permitted use in this
zone district but which was permitted for a specific parcel of
property pursuant to the zone district regulations in effect for
such parcel on March 27 , 1997 ; and which physically existed
upon such parcel on March 27, 1997 ; provided, however, that
such existing use shall constitute a permitted use only on such
parcel of property.
(d) Institutional/Civic/Public Uses :
1 . Neighborhood parks as defined by the Parks and Recreation
Policy Plan.
(e) Residential Uses :
1 . Shelters for victims of domestic violence.
Section 9 . That Section 4 . 3 (B)( 1 ) of the Land Use Code is hereby amended to
read as follows :
(B ) Permitted Uses.
( 1 ) The following uses are permitted in the R-F 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) Accessory/Miscellaneous Uses :
1 . Accessory buildings .
2 . Accessory uses .
C :hoItova fiw c » r44mn Af- dArnon4ir ATi AI pro
7 . .
(b) Any use authorized pursuant to a site specific development plan
that was processed and approved either in compliance with the
Zoning Code in effect on March 27, 1997 , or in compliance
6
with this Land Use Code (other than a final subdivision plat, or
minor subdivision plat, approved pursuant to Section 29-643 or
29-644 of prior law, for any nonresidential development or any
multi-family dwelling containing more than four [4] dwelling
units), provided that such use shall be subject to all of the use
and density requirements and conditions of said site specific
development plan.
(c) Any use which is not hereafter listed as a permitted use in this
zone district but which was permitted for a specific parcel of
property pursuant to the zone district regulations in effect for
such parcel on March 27 , 1997 ; and which physically existed
upon such parcel on March 27 , 1997 ; provided, however, that
such existing use shall constitute a permitted use only on such
parcel of property.
(d) Institutional/Civic/Public Uses :
1 . Neighborhood parks as defined by the Parks and Recreation
Policy Plan.
(e) Residential Uses :
1 . Shelters for victims of domestic violence.
Section 10 . That Section 4. 5 (13)(2)(a)6 . of the Land Use Code is hereby
amended to read as follows :
6 . Mixed-use dwellings units.
Section 11 . That Section 4 . 5 (B)(3 )(c)4. of the Land Use Code is hereby
amended to read as follows :
4. Offices, financial services, clinics, and artisan and
photography studios and galleries which are not part of a
neighborhood center.
Section 12 . That Section 4. 5 (D) of the Land Use Code is hereby amended by
the deletion of subsection (4) and all subsequent subsections renumbered accordingly:
) Other
th o nv n �lntiall Development-.
elo rime nt P Yonl enti l uses.
�4Tvcrc�3-�Zo�rcrE� cr(c�cccc�oE� ccvF�rcc�z�r€i�t�� l 6i�csr �
thAt Y0 N 1� paft of
fl neighbor-hoodeenteY shall net a approved
ppr/1ve i N1
i:n Qciog@r#iAn (3 ) .,1 eve bl l .been met. Whenr-oy ng n, lehsethe
decision
mayor may impose
conditions
regarding
reg rd vlg such
llc things
as off
street
p Yking 11oufs of
operation
iler t o and N11m110Y of
employees
1N AYIYDY
to ensure that the use will be compatible with the neighborhood. This
7
limitation l shall noapply o uses peffnSCteralong East Vine D ive
tmdev subseetio ( 5 ) below
Section 13 . That Section 4 . 6(B)(2)(a)5 . of the Land Use Code is hereby
amended to read as follows :
5 . Mixed-use dwellings tinits .
Section 14 . That Section 4 . 7(D)(3 ) of the Land Use Code is hereby amended to
read as follows :
(3 ) Accessory Buildings With Habitable Space (or Potential Future
Habitable Space). Any new accessory building with water and/or
sewer service shall be considered to have habitable space . An
applicant may also declare an intent for an accessory building to
contain habitable space. Any such structure containing habitable
space that is proposed to located behind a street-fronting principal
building shall contain a maximum of six hundred (600) square feet of
floor area. Floor area shall include all floor space (min
basement space-) within the abasement and ground floor plus
that portion of the floor area of any second story having a ceiling
height of at least seven and one-half (7 %2) feet. Such accessory
building may be located in any area of the rear portion of a lot,
provided that it complies with the setback requirements of this
District and there is at least a ten-foot separation between structures .
Section 15 . That Section 4 . 8 (D)(3 ) of the Land Use Code is hereby amended to
read as follows :
(3) Accessory Buildings With Habitable Space (or Potential Future
Habitable Space). Any new accessory building with water and/or sewer
service shall be considered to have habitable space. An applicant may
also declare an intent for an accessory building to contain habitable
space. Any such structure containing habitable space that is proposed o
be—located behind a street-fronting principal building shall contain a
maximum six hundred (600) square feet of floor area. Floor area shall
include all floor space within the aeoess^n , buikl „ gbasement and
ground floor plus that portion of the floor area of any second story
having a ceiling height of at least seven and one-half (71/2) feet. Such
accessory building may be located in any area of the rear portion of a
lot, provided that it complies with the setback requirements of this
District and there is at least a ten-foot separation between structures.
Section 16 . That Section 4. 9(D)(3) of the Land Use Code is hereby amended to
read as follows :
8
(3) Accessory Buildings With Habitable Space (or Potential Future
Habitable Space). Any new accessory building with water and/or
sewer service shall be considered to have habitable space . An
applicant may also declare an intent for an accessory building to
contain habitable space . Any such structure containing habitable
space that is proposed to located behind a street-fronting principal
building shall contain a maximum six hundred (600) square feet of
floor area. Floor area shall include all floor space within the
cessof y ' uiliiagbasement and ground floor plus that portion of the
floor area of any second story having a ceiling height of at least seven
and one-half (71/2) feet. Such accessory building may be located in
any area of the rear portion of a lot, provided that it complies with the
setback requirements of this District and there is at least a ten-foot
separation between structures .
Section 17 . That Section 4 . 10(B)( 1 )(e) of the Land Use Code is hereby
amended by the addition of a new subparagraph 2 . which reads in its entirety as follows :
2 . Shelters for victims of domestic violence.
Section. 18 . That the land use called "Mixed-use dwelling units" contained in
the table in Section 4 . 16(B)(2)A. of the Land Use Code is hereby amended to read as
follows :
Mixed-use dwellings units.
Section 19 . That Section 4 . 16(D)(5 ) of the Land Use Code is hereby amended
by the addition of a new subparagraph (e) which reads in its entirety as follows :
(e) Canyon Avenue and Civic Center : Exterior facade materials.
All street-facing facades shall be constructed of high quality
exterior materials for the full height of the building. Such
materials, with the exception of glazing, shall include stone, brick,
clay units, terra cotta, architectural pre-cast concrete, cast stone,
pre-fabricated brick panels, architectural metals, or any
combination thereof. Except for windows, material modules shall
not exceed either five (5 ) feet horizontally or three (3) feet
vertically without the clear expression of a joint. For the purposes
of this provision, "architectural metals" shall mean metal panel
systems that are either coated or anodized; metal sheets with
expressed seams ; metal framing systems ; or cut, stamped or cast
ornamental metal panels . "Architectural metals" shall not include
ribbed or corrugated metal panel systems .
Section 20 . That Section 4 . 16(E)( 1 ) of the Land Use Code is hereby amended
by the addition of a new subparagraph (c) which reads in its entirety as follows :
9
(c) Canyon Avenue and Civic Center : Plazas . For buildings
located within the Canyon Avenue and Civic Center sub-districts
that are four (4) stories or taller, ground floor open space shall be
provided that is organized and arranged to promote both active and
passive activities for the general public . Such space must be
highly visible and easily accessible to the public and must include
features that express and promote a comfortable human sense of
proportionality between the individual and the environment,
whether natural or manmade .
Section 21 . That Section 4. 17(B)(2)(a)6 . of the Land Use Code is hereby
amended to read as follows :
6 . Mixed-use dwellings units .
Section 22 . That Section 4. 18(13)(2)(a)6 . of the Land Use Code is hereby
amended to read as follows :
6 . Mixed-use dwellingss.
Section 23 . That Section 4. 19(B)( 1 ) of the Land Use Code is hereby amended
to read as follows :
(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:
(a) Accessory/Miscellaneous Uses :
1 . Accessory buildings .
2 . Accessory uses .
2 . for-r victims of domestic violence .
7
(b) Any use authorized pursuant to a site specific development plan
that was processed and approved either in compliance with the
Zoning Code in effect on March 27, 1997 , or in compliance
with this Land Use Code (other than a final subdivision plat, or
minor subdivision plat, approved pursuant to Section 29-643 or
29-644 of prior law, for any nonresidential development or any
multi-family dwelling containing more than four [4] dwelling
units) , provided that such use shall be subject to all of the use
and density requirements and conditions of said site specific
development plan.
10
(c) Any use which is not hereafter listed as a permitted use in this
zone district but which was permitted for a specific parcel of
property pursuant to the zone district regulations in effect for
such parcel on March 27, 1997 ; and which physically existed
upon such parcel on March 27, 1997 ; provided, however, that
such existing use shall constitute a permitted use only on such
parcel of property.
(d) Institutional/Civic/Public Uses :
1 . Neighborhood parks as defined by the Parks and Recreation
Policy Plan.
(e) Residential Uses :
1 . Extra occupancy rental houses with five (5 ) or fewer
tenants .
2 . Shelters for victims of domestic violence.
Section 24 . That Section 4. 19(B)(2)(a)7 . of the Land Use Code is hereby
amended to read as follows :
7 . Mixed-use dwellings units.
Section 25 . That Section 4. 20(B)(2)(a)5 . of the Land Use Code is hereby
amended to read as follows :
5 . Mixed-use dwellings units .
Section 26 . That Section 4.21 (B)(2)(a)6 . of the Land Use Code is hereby
amended to read as follows :
6 . Mixed-use dwellings.
Section 27 . That Section 4.22(B)(2)(a)7 . of the Land Use Code is hereby
amended to read as follows :
7 . Mixed-use dwellings units.
Section 28 . That Section 4.23 (B)(2)(a)4 . of the Land Use Code is hereby
amended to read as follows :
4. Mixed-use dwellings units .
Section 29 . That Section 4.24(B)(2)(a) l . of the Land Use Code is hereby
amended to read as follows :
11
1 . Mixed-use dwellings units .
Section 30 . That Section 4 . 26(B)( 1 ) of the Land Use Code is hereby amended
to read as follows :
(B) Permitted Uses.
( 1 ) The following uses are permitted in the H-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:
(a) Accessory/Miscellaneous Uses :
1 . Accessory buildings .
2 . Accessory uses . 1
2 Shelters or- victims
of
domestic violence
(b) Any use authorized pursuant to a site specific development plan
that was processed and approved either in compliance with the
Zoning Code in effect on March 27, 1997 , or in compliance
with this Land Use Code (other than a final subdivision plat, or
minor subdivision plat, approved pursuant to Section 29-643 or
29-644 of prior law, for any nonresidential development or any
multi-family dwelling containing more than four [4] dwelling
units), provided that such use shall be subject to all of the use
and density requirements and conditions of said site specific
development plan.
(c) Any use which is not hereafter listed as a permitted use in this
zone district but which was permitted for a specific parcel of
property pursuant to the zone district regulations in effect for
such parcel on March 27, 1997 ; and which physically existed
upon such parcel on March 27 , 1997 ; provided, however, that
such existing use shall constitute a permitted use only on such
parcel of property.
(d) Institutional/Civic/Public Uses .
1 . Neighborhood parks as defined by the Parks and Recreation
Policy Plan.
(e) Residential Uses .
1 . Shelters for victims of domestic violence.
12
Section 31 . That Section 4.26(B)(2)(a) l . of the Land Use Code is hereby
amended to read as follows :
1 . Mixed-use dwellings.
Section 32 . That Section 4.27(B)(2)(a) l . of the Land Use Code is hereby
amended to read as follows :
1 . Mixed-use dwellings units .
Section 33 . That Section 4.28(B)(2)(a) l . of the Land Use Code is hereby
amended to read as follows :
1 . Mixed-use dwellings units constructed above
nonresidential uses, provided that the aggregate floor area
of all mixed-use dwellings „does not exceed the
aggregate floor area of all nonresidential uses in the
building.
Section 34 . That Section 5 . 1 .2 of the Land Use Code is hereby amended by the
addition of a new definition "Artisan and photograph studios and galleries" which reads
in its entirety as follows :
Artisan and photography studio and gallery shall mean the workshop or studio of
an artist, craftsperson, sculptor or photographer, which workshop is primarily
used for on-site production of unique custom goods through the use of hand tools
or small-scale equipment, and only incidentally used, on an infrequent basis if at
all, as an accessory gallery or for incidental sales .
Section 35 . That the definition " Grade" contained in Section 5 . 1 .2 of the Land
Use Code is hereby amended to read as follows :
Grade shall mean the elevation of the ^enter- ine of the street at the center of the
propeAyedge of the paved surface of the street at the closest point to the sign for the
purpose of measuring the height of signs .
Section 36 . That the definition "Restaurant, drive in" contained in Section
5 . 1 .2 of the Land Use Code is hereby amended to read as follows :
Restaurant, drive-in (also known as Restaurant, drive-thru) shall mean any
establishment in which the principal business is the sale of foods and beverages to
the customer in a ready-to-consume state and in which the design or principal
method of operation of all or any portion of the business is to allow food or
beverages to be served directly to the customer in a motor vehicle without the
need for the customer to exit the motor vehicle .
13
Section 37 . That Section 5 . 1 .2 of the Land Use Code is hereby amended by the
addition of a new definition "Restaurant, drive-thru " which reads in its entirety as
follows :
Restaurant, drive-thru: See Restaurant, drive-in.
Section 38 . That the definition of "Transit-oriented development (TOD) "
contained in Section 5 . 1 .2 of the Land Use Code is hereby amended to read as follows :
Transit-oriented development (TOD) Overlay Zone shall mean that area shown on
the figure below:
Introduced, considered favorably on first reading, and ordered published this 19th
day of June, A.D . 2007, and to be presented for final passage on the 17th day of July,
A.D . 2007 ,
Mayor
ATTEST :
City Clerk
Passed and adopted on final reading on the 17th day of July, A. D . 2007 .
Mayor
ATTEST :
City Clerk
14