HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/17/2012 - SECOND READING OF ORDINANCE NO. 051, 2012, MAKINGDATE: July 17, 2012
STAFF: Ted Shepard
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 41
SUBJECT
Second Reading of Ordinance No. 051, 2012, Making Various Amendments to the Land Use Code.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on June 5, 2012, makes a variety of proposed changes,
additions and clarifications in the 2012 annual update of the Land Use Code.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary - June 5, 2012
(w/o attachments)
2. Powerpoint presentation
COPY
COPY
COPY
COPY
ATTACHMENT 1
DATE: June 5, 2012
STAFF: Ted Shepard
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 15
SUBJECT
First Reading of Ordinance No. 051, 2012, Making Various Amendments to the Land Use Code.
EXECUTIVE SUMMARY
Staff has identified a variety of proposed changes, additions and clarifications in the 2012 annual update of the Land
Use Code.
BACKGROUND / DISCUSSION
The Land Use Code was first adopted in March 1997. Subsequent revisions have been recommended on a regular
basis to make changes, additions, deletions and clarifications that have been identified since the last update. 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.
The proposed revisions were considered by the Planning and Zoning Board at its May 17, 2012 regular meeting. All
but one of the proposed revisions included in the Ordinance have received unanimous approval from the Planning and
Zoning Board. For Bicycle Parking, the Board voted 4 – 2 to forward a recommendation of approval to City Council.
(One member refrained from participating due to a conflict of interest.)
FINANCIAL / ECONOMIC IMPACTS
Code revision number 909 provides greater opportunities for craft brewers, distillers and vintners to set up shop in the
community by permitting their trade in a wider variety of zone districts, subject to maximum thresholds. This change
allows the Land Use Code to respond to changing trends and conditions.
ENVIRONMENTAL IMPACTS
Code revision number 915 requires a higher number of bicycle parking spaces for most new residential and
commercial land uses. Additionally, there are new qualitative standards associated with increased number of spaces.
This change reflects Council’s direction during its deliberations of a recent appeal of a student-oriented multi-family
project.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BOARD / COMMISSION RECOMMENDATION
On May 17, 2012, the Planning and Zoning Board considered the proposed revisions to the Land Use Code and took
the following action(s):
1. For all the changes with the exception of Bicycle Parking, the Board voted 7 – 0 to forward a recommendation
of approval to City Council.
2. For Bicycle Parking, the Board voted 4 – 2 to forward a recommendation of approval to City Council. (One
member refrained from participating due to a conflict of interest.)
COPY
COPY
COPY
COPY
June 5, 2012 -2- ITEM 15
For the four members voting in the affirmative, the proposed revision is found to be an important step in encouraging
multi-modes of travel and works in tandem with Transit-Oriented Development (TOD). Disconnecting the quantity from
vehicle parking makes sense and fixes a glitch in the TOD Overlay where there is no minimum required vehicle
parking. The change will place an emphasis on providing bicycle infrastructure on a citywide basis and the alternative
compliance provision allows for some flexibility to respond to unforeseen circumstances.
For the two members voting in the negative, concern was expressed that the proposed revision goes too far and that
in our community, bicycle usage does not need any encouragement. The requirements are not needed and would be
too onerous on small businesses. The revision does not account for bicyclists to simply adapt to the urban
environment and crosses a line and becomes an example of social engineering. The change is too regulatory and
that bicycle parking, in general, can be satisfied by the laws of supply and demand.
PUBLIC OUTREACH
Item 909 – Amend Article 4 – Permitted Uses and Article 5 – Definitions to create definitions for micro –
brewery/winery/distillery, place into 11 zone districts and fix the Code to allow bar/tavern in the CG zone.
For Item 909, multiple contacts were made with local micro-brewers, micro-vintners and micro-distillers, as well as with
their respective trade associations, liquor licensing officials, retailers and the State Department of Agriculture. Based
on feedback from these various entities, the proposed code language has been constructed so that it conforms to
standard industry practices and complies with applicable local and state statutes.
Item 915 – Amend 3.2.2(C)(4) – Bicycle Facilities – to increase the minimum required number, add an Alternative
Compliance provision, add qualitative improvements, and add two definitions for enclosed and outdoor racks.
For Item 915, the concept of introducing both quantitative and qualitative aspects to minimum required bike parking
changes was discussed and refined in conjunction with the Planning and Zoning Board at four work sessions between
February and May of this year.
ATTACHMENTS
1. List of Land Use Code Issues
2. Summary report of all the issues
3. Cross-reference of the issues to the Ordinance section numbers
4. Planning and Zoning Board minutes, May 17, 2012
1
1
Land Use Code Amendment, Bicycle Parking
2
What?
Update to the Land Use Code that changes the
current code by updating:
‐ How bicycle parking requirements are calculated
‐ The type of bicycle parking required
ATTACHMENT 2
2
3
Why?
Out of date requirements that are:
‐ Tied to automobile parking
‐ Requires/results in very little bicycle parking
in the downtown
‐ Does not provide for long term bicycle
parking
4
What’s New?
‐ Required bicycle parking will be tied to type of
land use
‐ Introduces two types of bicycle parking, fixed
and enclosed
3
5
How was this developed?
‐ Based on national best practices and guidance
‐ Modeled after other gold and platinum level
bicycle friendly communities
‐ Modified specifically for Fort Collins based on
feedback from staff, the City Attorneys office and
the Planning and Zoning Board
Example: Fixed
4
7
Example: Enclosed (within a hallway)
8
Example: Enclosed (within an entryway)
5
9
Example: Enclosed (bike room)
10
Example: Enclosed (covered facility)
6
11
Impact?
‐ Provides flexibility in how to comply
‐ The amount of physical space compared to
automobile parking is minor
‐ Encourages bicycle ridership by providing critical
end of trip infrastructure, which is an important
element to achieve the communities goals of
bicycle mode share and moving towards
platinum level
1
ORDINANCE NO. 051, 2012
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 its adoption of Ordinance No. 051, 1997, the City
Council enacted the Fort Collins Land Use Code (the "Land Use Code"); and
WHEREAS, at the time of the adoption of the Land Use Code, it was the understanding
of staff and the City Council that the Land Use Code would most likely be subject to future
amendments, not only for the purpose of clarification and correction of errors, but also for the
purpose of ensuring that the Land Use Code remains a dynamic document capable of responding
to issues identified by staff, other land use professionals and citizens of the City; and
WHEREAS, City staff and the Planning and Zoning Board have reviewed the Land Use
Code and identified and explored various issues related to the Land Use Code and have made
recommendations to the Council regarding such issues; and
WHEREAS, the City Council has determined that the recommended Land Use Code
amendments 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 as follows:
Section 1. That Section 1.5.1 of the Land Use Code is hereby amended to read as
follows:
1.5.1 Continuation of Use
(A) A nonconforming use may be continued and a nonconforming building or
structure may continue to be occupied or used, except as otherwise provided in
this Division as long as such use complies with the following limitations:
(1) The hours of operation of a nonconforming use may not be extended into
the hours between 10:00 pm and 7:00 am.
(2) The nonconforming use shall not be converted from a seasonal to a multi-
seasonal operation.
(3) Light intensity and hours of illumination shall not be changed except in
compliance with the site lighting standards contained in Section 3.2.4 of
this Code.
(4) Any proposals for the addition of trash receptacles and/or the relocation of
existing trash receptacles shall comply with the location and design
standards in Sections 3.2.5 and 3.5.1(I) of this Code.
2
(5) Outdoor storage areas shall not be expanded, nor shall they be relocated
closer to any adjoining residential use.
Section 2. That Section 1.6.2 of the Land Use Code is hereby amended to read as
follows:
1.6.2 Continuation of Use
(A) An existing limited permitted use may be continued except as otherwise provided
in this Division as long as such use complies with the following limitations:
(1) The hours of operation of a nonconforming use may not be extended into
the hours between 10:00 pm and 7:00 am.
(2) The nonconforming use shall not be converted from a seasonal to a multi-
seasonal operation.
(3) Light intensity and hours of illumination shall not be changed except in
compliance with the site lighting standards contained in Section 3.2.4 of
this Code.
(4) Any proposals for the addition of trash receptacles and/or the relocation of
existing trash receptacles shall comply with the location and design
standards in Sections 3.2.5 and 3.5.1(I) of this Code.
(5) Outdoor storage areas shall not be expanded, nor shall they be relocated
closer to any adjoining residential use.
Section 3. That Section 2.1.4(C)(1) of the Land Use Code is hereby amended to read
as follows:
2.1.4 Effect of Development Application Approval
. . .
(C) Criteria. In considering whether to approve any application for abandonment
pursuant to this Section, the appropriate decision maker shall be governed by the
following criteria:
(1) The application shall not be approved if, in so approving, any portion of the
property remains developed or to be developed in accordance with the
previously approved development plan and, because of the abandonment,
such remaining parcel of property would no longer qualify for development
approval pursuant to either the standards and requirements of the most
current version of this Land Use Code or, if such remaining parcel of
property was not reviewed and approved under this Land Use Code, then the
standards and requirements of the Transitional Land Use Regulations dated
August 1997, on file in the office of the City Clerk shall apply.
3
. . .
Section 4. That Section 2.2.6(D) of the Land Use Code is hereby amended to read as
follows:
(D) Supplemental Notice Requirements.
Minimum Notice Radius Sign Size
All developments except as described below. 800 feet 12 square feet
Developments proposing more than fifty (50) and
less than one hundred (100) single-family or two-
family lots or dwelling units.
800 feet 12 square feet
Developments proposing more than twenty-five
(25) and less than one hundred (100) multi-family
dwelling units.
800 feet 12 square feet
Nonresidential developments containing more than
twenty-five thousand (25,000) and less than fifty
thousand (50,000) square feet of floor area.
800 feet 12 square feet
Developments proposing one hundred (100) or
more single-family or two-family lots or dwelling
units.
1,000 feet 12 square feet
Developments proposing one hundred (100) or
more multi-family dwelling units.
1,000 feet 12 square feet
Nonresidential developments containing fifty thou-
sand (50,000) or more square feet of floor area.
1,000 feet 12 square feet
Nonresidential developments which propose land
uses or activities which, in the judgment of the
Director, create community or regional impacts.
1,000 feet; plus, with respect to
neighborhood meetings, publica-
tion of a notice not less than
seven (7) days prior to the meet-
ing in a newspaper of general
circulation in the City.
12 square feet
Zonings and rezonings of forty (40) acres or less. 800 feet 12 square feet
Zonings and rezonings of more than forty (40)
acres.
1,000 feet 12 square feet
Section 5. That Section 2.6.2(A) of the Land Use Code is hereby amended to read as
follows:
2.6.2 Applicability
(A) A Stockpiling Permit shall be required for stockpiling soils or similar inorganic
materials upon property that is not subject to the provisions of a valid Development
Construction Permit.
. . .
Section 6. That Section 2.9.2 of the Land Use Code is hereby amended to read as
follows:
4
2.9.2. Applicability
Any and all amendments to the text of this Land Use Code and any and all changes to the
Zoning Map must be processed in accordance with this Division. Only the Council may,
after recommendation of the Planning and Zoning Board, adopt an ordinance amending
the text of this Land Use Code or the Zoning Map in accordance with the provisions of
this Division.
Section 7. That Section 2.9.4 of the Land Use Code is hereby amended to read as
follows:
2.9.4. Text and Map Amendment Review Procedures
An amendment to the text of this Land Use Code or an amendment to the Zoning Map
may be approved by the City Council by ordinance after receiving a recommendation
from the Planning and Zoning Board. Any such proposed amendment shall be processed
through a public hearing before the Planning and Zoning Board, which hearing shall be
held either prior to City Council consideration of the proposed amendment or between
first and second readings of the ordinance approving the amendment which will provide a
recommendation to the City Council. (See Steps 1 though 12 below). The City Clerk
shall cause the hearing by the City Council to be placed on the agenda for a future City
Council meeting; and the public hearing before the City Council shall be held after at
least fifteen (15) days' notice of the time, date and place of such hearing and the subject
matter of the hearing and the nature of the proposed zoning change has been given by
publication in a newspaper of general circulation within the city. On a proposal for a text
amendment, the Planning and Zoning Board shall hold a hearing, which hearing shall be
held either prior to City Council consideration of the proposed amendment or between
first and second readings of the ordinance approving the amendment. Notice shall be
given as required for ordinances pursuant to the City Charter. The City Council shall
then approve, approve with conditions, or deny the amendment based on its consideration
of the Staff Report, the Planning and Zoning Board recommendation and findings, and
the evidence from the public hearings, and based on the amendment's compliance with
the standards and conditions established in this section. (See Steps 8 and 9 below).
. . .
Section 8. That Section 3.2.1(J)(3)(e) of the Land Use Code is hereby amended to
read as follows:
(e) Sprinkler Performance Audit.
1. A sprinkler performance audit shall be performed by a landscape
irrigation auditor who is independent of the installation contractor,
and who is certified by the Irrigation Association (a nonprofit
industry organization dedicated to promoting efficient irrigation).
5
Sprinkler systems that are designed and installed without turf areas
are exempt from this requirement.
2. The audit shall include measurement of distribution uniformity.
Minimum acceptable distribution uniformities shall be sixty (60)
percent for sprayhead zones and seventy (70) percent for rotor
zones. Sprinklerheads equipped with multi-stream rotary nozzles
are considered rotors.
. . .
Section 9. That Section 3.2.2(C)(4) of the Land Use Code is hereby amended to read
as follows:
(4) Bicycle Facilities. Commercial, industrial, civic, employment and multi-
family residential uses shall provide bicycle facilities to meet the following
standards:
(a) Required Types of Bicycle Parking. To meet the minimum bicycle
parking requirements, the development must provide required bicycle
parking for both Enclosed Bicycle Parking and Fixed Bicycle Racks.
(b) Bicycle Parking Space Requirements. The minimum bicycle parking
requirements are set forth in the table below. For uses that are not
specifically listed in the table, the number of bicycle parking spaces
required shall be the number required for the most similar use listed.
Use Categories Bicycle Parking Space Minimums
% Enclosed Bicycle
Parking / % Fixed Bicycle
Racks
Residential and Institutional Parking Requirements
Multifamily Residential 1 per bedroom 80% / 20%
Fraternity and Sorority
Houses 1 per bed 80% / 20%
Group Homes No Requirement n/a
Recreational Uses 1/2,000 sq. ft., minimum of 4 0% / 100%
Schools/Places of Worship
or Assembly and Child Care
Centers
1/3,000 sq. ft., minimum of 4 0% / 100%
6
Use Categories Bicycle Parking Space Minimums
% Enclosed Bicycle
Parking / % Fixed Bicycle
Racks
Small Scale Reception
Centers in the U-E, Urban
Estate District
1/4,000 sq. ft., minimum of 4 0% / 100%
Extra Occupancy Rental
Houses 1 per bed 0% / 100%
Non-Residential Parking Requirements
Restaurants
a. Fast Food
b. Standard
1.5/1,000 sq. ft., minimum of 4
1/1,000 sq. ft. , minimum of 4
0% / 100%
0% / 100%
Bars, Taverns, and
Nightclubs 1/500 sq. ft., minimum of 4 0% / 100%
Commercial Recreational 1/2,000 sq. ft., minimum of 4 20% / 80%
Theaters 1 / 30 seats, minimum of 4 0% / 100%
General Retail 1/4,000 sq. ft., minimum of 4 20% / 80%
Personal Business and
Service Shop
1/4,000 sq. ft., minimum of 4 20% / 80%
Shopping Center 1/4,000 sq. ft., minimum of 4 20% / 80%
Medical Office 1/4,000 sq. ft., minimum of 4 20% / 80%
Financial Services 1/4,000 sq. ft., minimum of 4 20% / 80%
Grocery Store, Supermarket 1/3,000 sq. ft. , minimum of 4 20% / 80%
General Office 1/4,000 sq. ft., minimum of 4 20% / 80%
Vehicle Servicing &
Maintenance
4 n/a
Low Intensity Retail, Repair
Service, Workshop and
Custom Small Industry
4
n/a
Lodging Establishments 1 per 4 units 80% / 20%
Health Facilities 1/5000 sq. ft., minimum of 4 20% / 80%
Industrial: Employee
Parking
4 n/a
(c) Alternative Compliance. Upon written request by the applicant, the
decision maker may approve an alternative number of bicycle parking
spaces that may be substituted in whole or in part for the number that
would meet the standards of this Section.
1. Procedure. The alternative bicycle parking plan shall be prepared
and submitted in accordance with the submittal requirements for
bicycle parking plans. Each such plan shall clearly identify and
7
discuss the modifications and alternatives proposed and the ways
in which the plan will better accomplish the purposes of this
Section than would a plan that complies with the standards of this
Section.
2. Review Criteria. To approve an alternative plan, the decision
maker must first find that the proposed alternative plan
accomplishes the purposes of this Section equally well or better
than would a plan that complies with the standards of this Section.
In reviewing a request for an alternative number of bicycle parking spaces, the decision
maker must consider whether the proposed land use will likely experience a lower than
normal amount of bicycle traffic. Factors to be taken into consideration in making this
determination may include, but need not be limited to: (i) the nature of the proposed use;
(ii) its location in relation to existing or planned bicycle facilities or infrastructure; and
(iii) its proximity to natural features that make the use of bicycles for access to the project
infeasible.
Section 10. That Section 3.3.3(A) of the Land Use Code is hereby amended to read as
follows:
3.3.3 Water Hazards
(A) Lands which are subject to flooding or are located in a natural drainageway shall
not be approved for development or redevelopment unless the following conditions
are met:
(1) the project development plan complies with the Basin Master Drainageway
Plan as applicable.
(2) the project development plan complies with the City's Stormwater Criteria
Manual.
. . .
Section 11. That Section 3.4.3 of the Land Use Code is hereby amended to read as
follows:
3.4.3 Water Quality
The development must comply with all applicable local, state and federal water quality
standards, including, but not limited to, those regulating erosion and sedimentation, storm
drainage and runoff control, and the treatment of solid wastes, and hazardous substances.
Projects must be designed such that all runoff draining from development sites is treated
in accordance with the criteria set forth in the Stormwater Criteria Manual. Stormwater
control and treatment measures may include, but are not limited to:
8
● grass buffers
● grass swales
● bioretention (rain garden or porous landscape detention)
● extended detention basins
● constructed wetlands ponds
● sand filters
● retention ponds
● constructed wetland channels
● permeable pavements
Section 12. That Section 3.10.5(G) of the Land Use Code is hereby amended to read
as follows:
(G) Windows. Standard storefront window and door systems may be used as the
predominant style of fenestration for non-residential or mixed-use buildings as long
as the building facade visually establishes and defines the building stories and
establishes human scale and proportion. Minimum glazing on pedestrian-oriented
facades of buildings shall be sixty (60) percent on the ground floor and forty (40)
percent on upper floors. Projects functionally unable to comply with this
requirement shall mitigate such noncompliance with ample, enhanced architectural
features such as a change in massing or materials, enhanced landscaping, trellises,
arcades or shallow display window cases.
Section 13. That the table contained in Section 4.16(B)(2) of the Land Use Code is
hereby amended to read as follows:
. . .
B. INSTITUTIONAL/CIVIC/PUBLIC Old City Center Canyon Avenue Civic Center
. . .
Micro-brewery/distillery/winery BDR Type 2 Type 2
. . .
Section 14. That Section 4.17(B)(2)(c) of the Land Use Code is hereby amended by
the addition of a new subparagraph 13 which reads in its entirety as follows:
13. Micro-brewery/distillery/winery.
Section 15. That Section 4.18(B)(2)(c) of the Land Use Code is hereby amended by
the addition of a new subparagraph 26 which reads in its entirety as follows:
26. Micro-brewery/distillery/winery.
Section 16. That Section 4.19(B)(2)(c) of the Land Use Code is hereby amended by
the addition of a new subparagraph 25 which reads in its entirety as follows:
25. Micro-brewery/distillery/winery.
9
Section 17. That the table contained in Section 4.21(B) of the Land Use Code is
hereby amended to read as follows:
Land Use I-25/SH 392 (CAC)
General Commercial District
(C-G)
A. RESIDENTIAL
. . .
Mixed-use dwellings Type 1 Type 1
Multi-family dwellings Not permitted Type 1
. . .
B. INSTITUTIONAL/CIVIC/PUBLIC
. . .
Bars and taverns Not permitted Type 1
Micro-brewery/distillery/winery Not permitted Type 1
C. COMMERCIAL/RETAIL
. . .
Equipment rental establishments without outdoor
storage Not permitted Type 1
Equipment, truck and trailer rental Not permitted Type 1
Exhibit hall Not permitted Type 2
Adult day/respite care centers Not permitted Type 2
Outdoor amphitheaters Not permitted Type 2
. . .
Section 18. That Section 4.22(B)(2)(c) of the Land Use Code is hereby amended by
the addition of a new subparagraph 42 which reads in its entirety as follows:
42. Micro-brewery/distillery/winery.
Section 19. That Section 4.23(B)(3)(c) of the Land Use Code is hereby amended by
the addition of a new subparagraph 7 which reads in its entirety as follows:
7. Micro-brewery/distillery/winery.
Section 20. That that table contained in Section 4.24(B)(2) of the Land Use Code is
hereby amended to read as follows:
Land Use Riverside Area All Other Areas
B. INSTITUTIONAL/CIVIC/PUBLIC
. . .
Micro-brewery/distillery/winery Type 1 Type 1
. . .
10
Section 21. That Section 4.27(B)(2)(c) of the Land Use Code is hereby amended by
the addition of a new subparagraph 13 which reads in its entirety as follows:
13. Micro-brewery/distillery/winery.
Section 22. That Section 4.28(B)(3)(b) of the Land Use Code is hereby amended by
the addition of a new subparagraph 17 which reads in its entirety as follows:
17. Micro-brewery/distillery/winery.
Section 23. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of a new definition “Bicycle parking, enclosed” which reads in its entirety as follows:
Bicycle parking, enclosed shall mean bicycle storage in lockers, a room or other space
within a parking structure or other building, including, without limitation, a shed or
carport. All types of enclosed bicycle storage must be easily accessible to entrances and
walkways, secure, lighted and protected from the weather. Each storage space shall
provide a minimum of six (6) square feet in area. The storage space shall not impede fire
exits or be located so that parked bicycles interfere with public access.
Section 24. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of a new definition “Bicycle parking, fixed” which reads in its entirety as follows:
Bicycle parking, fixed shall mean bicycle parking that allows the bicycle frame and both
wheels to be securely locked to the parking structure. The structure shall be of permanent
construction such as heavy gauge tubular steel with angle bars permanently attached to
the pavement foundation. Fixed bicycle parking facilities shall be at least two (2) feet in
width and five and one-half (5½) feet in length, with additional back-out or maneuvering
space of at least five (5) feet.
Section 25. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of a new definition “Micro-brewery” which reads in its entirety as follows:
Micro-brewery shall mean a facility that produces no more than fifteen thousand (15,000)
barrels per year of fermented malt beverages on site and shall include a taproom in which
guests/customers may sample the product.
Section. 26. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of a new definition “Micro-distillery” which reads in its entirety as follows:
Micro-distillery shall mean a facility that produces no more than fifteen thousand
(15,000) gallons per year of spirituous beverages on site and shall include a tasting room
in which guests/customers may sample the product.
Section 27. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of a new definition “Micro-winery” which reads in its entirety as follows:
11
Micro-winery shall mean a facility that produces no more than one hundred thousand
(100,000) gallons per year of vinous beverages on site and shall include a tasting room in
which guests/customers may sample the product.
Section 28. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of a new definition “Stockpiling” which reads in its entirety as follows:
Stockpiling shall mean the act by which soil or similar inorganic material to be used in
connection with anticipated development on such parcel of property is deposited on such
property. The stockpiling of material is intended to be temporary in terms of the
appearance, shape and grade of the material. Stockpiling shall not include activities such
as the grading, leveling, or compaction of the deposited material or the surrounding
ground. Stockpiling shall also not include residential landscaping activities.
Introduced, considered favorably on first reading, and ordered published this 5th day of
June, A.D. 2012, and to be presented for final passage on the 17th day of July, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk
Passed and adopted on final reading on the 17th day of July, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk