HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/02/2013 - FIRST READING OF ORDINANCE NO. 092, 2013, MAKING VDATE: July 2, 2013
STAFF: Ted Shepard
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 13
SUBJECT
First Reading of Ordinance No. 092, 2013, Making Various Amendments to the Land Use Code.
EXECUTIVE SUMMARY
Staff has identified a variety of proposed changes, additions and clarifications in the 2013 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 June 20, 2013 regular meeting. All
of the proposed revisions included in the Ordinance have received unanimous approval from the Board.
FINANCIAL / ECONOMIC IMPACTS
Code revision number 933 provides for greater opportunities for Limited Indoor Recreation Establishments (under
5,000 square feet) by allowing these uses to now go into the L-M-N, Low Density Mixed-Use Neighborhood, but only
if contained within a specifically defined Neighborhood Center. These uses include yoga studios, exercise clubs,
dance studios, martial arts schools, and arts or crafts studios. This change allows the Land Use Code to respond to
changing trends and conditions by providing for wider distribution of facilities that promote health and wellness.
ENVIRONMENTAL IMPACTS
There are no Code revisions that would have either a positive or negative an impact on the environment.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BOARD / COMMISSION RECOMMENDATION
All of the proposed changes have been discussed and refined in conjunction with the Planning and Zoning Board at
various work sessions between February and June of this year. On June 20, 2013, the Planning and Zoning Board
considered the proposed revisions to the Land Use Code and voted unanimously to recommend approval of all the
changes.
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, June 20, 2013
ATTACHMENT 1
ATTACHMENT 2
ATTACHMENT 3
Planning & Zoning Board _ 2013 LUC Amendments
Page | 2
Citizen participation:
Brigitte Schmidt, 932 Inverness, said as a former member of the P&ZS Board, she’d like to speak to the
topic of modification of standards. She said a modification can be approved if it is not detrimental to the
public good and meets one of four criteria. At the orientation of new member Schneider, Deputy City
Attorney Eckman said if that criterion is met than the doors are wide open. Thinking about it further,
she does not believe that to be the case. She said we need to ask ourselves what is the modification.
Is it a small or large adjustment—is there a significant difference (a statistics concept). There is no
definition in the Land Use Code (LUC) of modification. Does that mean that once you meet those
standards you throw out the LUC and anything goes? She would encourage the board to have a
discussion at a work session to get a better idea before there is a project to be reviewed. She’s
working on the Committee for PDOD (Project Development Overlay District) and while there are not
currently any applications maybe the consideration is more the use of modification of standards. There
needs to be some predictability—if you are here, “x,y,z” happens. She thinks the time is right for the
board to look at all kinds of things you can do with that.
Consent Agenda:
1. Minutes from the May 16, 2013 Hearing
Member Hart made a motion to approve the consent agenda which consists of the Minutes of
the May 16, 2013 Hearing. Member Hatfield seconded the motion. The motion passed 7:0.
Discussion Agenda:
2. Ridgeview Classical School Expansion Site Plan Advisory Review, # SPA130002
3. Pateros Creek Project Development Plan, #PDP 130011
4. 2013 Annual Revisions, Clarifications and Additions to the Land Use Code
5. Addition of Permitted Use Policy Discussion
…
_______
Project: 2013 Annual Revisions, Clarifications and Additions to the Land Use Code
Project Description: This is a request for a Recommendation to City Council regarding the annual
update to the Land Use Code. There are proposed revisions, clarifications and
additions to the Code that address a variety of subject areas that have arisen
since the last annual update in 2012.
Recommendation: Approval
Hearing Testimony, Written Comments and Other Evidence
Chief City Planner Ted Shepard noted in this round of proposed revisions, clarifications and additions to
the Land Use Code there are 26 proposed items that change, clarify or add to the Land Use Code.
The revisions, by Article, are summarized as follows:
Article One – Organization – one change;
Article Two – Administration –four changes;
Article Three - General Development Standards – nine changes;
ATTACHMENT 4
June 20, 2013
Planning & Zoning Board _ 2013 LUC Amendments
Page | 3
Article Four – Districts – seven changes;
Article Five – Definitions – five changes.
Shepard said there was supporting material in the board’s agenda packet (and posted on the City’s
website) and staff was available for any questions.
Member Hart said it might be helpful for the public to know the board has spent a great deal of
reviewing the proposed changes in work sessions so they are quite familiar with the individual changes.
Member Schneider made a motion that the Planning and Zoning Board approve the 2013 Annual
Revisions, Clarifications and Additions to the Land Use Code. Member Hart seconded the
motion. The motion was approved 7:0.
Chair Smith thanked staff for their work.
1
ORDINANCE NO. 092, 2013
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 hav1e 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 interests of the City and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That Section 1.2.2 of the Land Use Code is hereby amended by the
addition of a new subparagraph (O) which reads in its entirety as follows:
(O) encouraging a wide variety of housing opportunities at various densities that are
well-served by public transportation for people of all ages and abilities.
Section 2. That Section 2.2.7(C) of the Land Use Code is hereby amended to read as
follows:
(C) Order of Proceedings at Public Hearing. The order of the proceedings at the
public hearing shall be as follows:
(1) Staff Report Presented. The Director shall present a narrative and/or
graphic description of the development application. The Director shall
present a Staff Report which includes a written recommendation. This
recommendation shall address each standard required to be considered by
this Land Use Code prior to approval of the development application.
(1) Director Overview. The Director shall provide an overview of the
development application.
2
(2) Applicant Presentation. The applicant may present information in support
of its application, subject to the determination of the Chair as to relevance.
Copies of all writings or other exhibits that the applicant wishes the
decision maker to consider must be submitted to the Director no less than
five (5) working days before the public hearing.
(3) Staff Report Presented. The Director shall present a narrative and/or
graphic description of the development application, as well as a staff
report that includes a written recommendation. This recommendation shall
address each standard required to be considered by this Land Use Code
prior to approval of the development application.
(34) Staff Response to Applicant Presentation. The Director, the City Attorney
and any other City staff member may respond to any statement made or
evidence presented by the applicant.
(45) Public Testimony. Members of the public may comment on the
application and present evidence, subject to the determination of the Chair
as to relevance.
(56) Applicant Response. The applicant may respond to any testimony or
evidence presented by the public.
(67) Staff Response to Public Testimony or Applicant Response. The Director,
the City Attorney and any other City staff member may respond to any
statement made or evidence presented by the public testimony or by the
applicant's response to any such public testimony.
Section 3. That Section 2.2.10(A)(1) is hereby amended by the addition of a new
subparagraph (g) which reads in its entirety as follows:
(g) in the case of a change of use of any property that was developed pursuant
to a basic development review or use-by-right review under prior law, the
minor amendment results in the building and parcel of ground upon which
the building is located being brought into compliance, to the extent
reasonably feasible, with the applicable general development standards
contained in Article 3 and the applicable district standards contained in
Article 4 of this Land Use Code.
Section 4. That Section 2.2.11(D)(2) of the Land Use Code is hereby amended to
read as follows:
(2) Publication. A "notice of approval" describing generally the type and
intensity of use approved and the specific parcel or parcels affected, and
stating that a vested property right has been created or extended, shall be
published by the City once, not later than fourteen (14) days after the
3
expiration of any right of appeal of the approval of any final plan or other
site specific development plan, or, in the event of the filing of an appeal,
after final resolution by the City of such appeal, in a newspaper of general
circulation within the City. The period of time permitted by law for the
exercise of any applicable right of referendum or judicial review shall not
begin to run until the date of such publication, whether timely made within
said fourteen-day period, or thereafter.
Section 5. That Section 2.2.11(D)(9) of the Land Use Code is hereby amended to
read as follows:
(9) Post denial re-submittal delay. Property that is the subject of an overall
development plan or a project development plan that has been denied by
the decision maker or denied by City Council upon appeal, or withdrawn
by the applicant, shall be ineligible to serve, in whole or in part, as the
subject of another overall development plan or project development plan
application for a period of six (6) months from the date of the final
decision of denial or the date of withdrawal (as applicable) of the plan
unless the Director determines that the granting of an exception to this
requirement would not be detrimental to the public good and would: (a)
substantially alleviate an existing, defined and described problem of City-
wide concern; or (b) result in a substantial benefit to the City by reason of
the fact that the proposed project would substantially address an important
community need specifically and expressly defined and described in the
City's Comprehensive Plan or in an adopted policy, ordinance or
resolution of the City Council the new plan includes substantial changes in
land use, residential density and/or non-residential intensity.
Section 6. That Section 3.2.1(A) of the Land Use Code is hereby amended to read as
follows:
(A) Applicability. This Section shall apply to all development (except for development
on existing lots for single-family detached dwellings) within the designated "limits
of development" ("LOD") and natural area buffer zones established according to
Section 3.4.1 (Natural Habitats and Features).
Section 7. That Section 3.2.2(L)(2) of the Land Use Code is hereby amended to read
as follows:
(2) Compact Vehicle Spaces in Long-term Parking Lots and Parking Structures.
Those areas of a parking lot or parking structure that are approved as long-
term parking have the option to include compact parking stalls. Such
approved long-term parking areas may have up to forty (40) percent compact
car stalls using the compact vehicle dimensions set forth in Table B, except
when no minimum parking is required for a use pursuant to Section 3.2.2(K),
in which event the number of compact car stalls allowed may be greater than
4
forty (40) percent. No compact spaces shall be designated as handicap
parking spaces.
. . .
Section 8. That Section 3.2.2(L)(3) of the Land Use Code is hereby amended to read
as follows:
(3) Long-Term Parking Stalls. As an option in long-term parking areas, if no
compact car stalls are to be included, all long-term parking stalls may be
designated using the following stall dimensions:
. . .
Section 9. That Section 3.2.4(C) of the Land Use Code is hereby amended to read as
follows:
(C) Lighting Levels. With the exception of lighting for public streets and private
streets, all other project lighting used to illuminate buildings, parking lots,
walkways, plazas or the landscape shall be evaluated during the development
review process. The following chart gives the average minimum and, for under-
canopy fueling areas, maximum lighting levels for outdoor facilities used at night.
Area/Activity* Foot-candle
Building surrounds (nonresidential) 1.0
Bikeways along roadside
Commercial areas
Intermediate areas
Residential areas
0.9
0.6
0.2
Walkways along roadside
Commercial areas
Intermediate areas
Residential areas
0.9
0.6
0.5
Park walkways 0.5
Pedestrian stairways 0.3
Loading and unloading platforms 5.0
Parking areas 1.0
Playgrounds 5.0
Under-canopy area (average maintained
maximum)
20.0
Under-canopy area (initial installation maximum) 26.0
* Illuminating Engineering Society (IES) Lighting Handbook
5
Section 10. That Section 3.5.2(D) of the Land Use Code is hereby amended to read as
follows:
(D) Residential Building Setbacks, Lot Width and Size.
(1) Setback from Arterial Streets. The minimum setback of every residential
building and of every detached accessory building that is incidental to the
residential building shall be thirty (30) feet from any arterial street right-of-
way shall be thirty (30) feet, except for those buildings regulated by Section
3.8.30 of this Land Use Code, which buildings must comply with the setback
regulations set forth in Section 3.8.30.
(2) Setback from Nonarterial Streets. The Mminimum setback of every
residential building and of every detached accessory building that is
incidental to the residential building shall be fifteen (15) feet from any public
street right-of-way other than an arterial street right-of-way shall be fifteen
(15) feet, except for those buildings regulated by Section 3.8.30 of this Land
Use Code, which buildings must comply with the setback regulations set
forth in Section 3.8.30. Setbacks from garage doors to the nearest portion of
any public sidewalk that intersects with the driveway shall be at least twenty
(20) feet.
. . .
Section 11. That Section 3.7.1(B) of the Land Use Code is hereby amended to read as
follows:
(B) Establishment of Urban Growth Areasa Growth Management Area. The city has
adopted a cooperative planning area policy in the City Plan that includes an urban
growth areaa growth management area as adopted by Intergovernmental
Agreement with Larimer County.
Section 12. That Section 3.7.2(A)(3) and (4) of the Land Use Code is hereby amended
to read as follows:
(3) Exemption for Infill Areas. A development application for the Infill Area
need not comply with the requirements of this subsection (A).
(43) Exemption for Properties Located Within Certain Planned Subareas.
Development located within the following planned subareas need not comply
with the requirements of this subsection (A):
(a) Fossil Creek Reservoir Area.
(b) Harmony Corridor.
Section 13. That Section 3.7.2(B) of the Land Use Code is hereby amended to read as
follows:
6
(B) Developments Outside the Urban Growth AreaGrowth Management Area. No
development application shall be accepted or approved as part of an annexation
petition if the proposed development is located outside the Urban Growth
AreaGrowth Management Area.
Section 14. That Section 3.8.30(A) of the Land Use Code is hereby amended to read
as follows:
(A) Purpose/Applicability. The following standards apply to all multi-family devel-
opments projects that contain at least four (4) dwelling units. These standards and
are intended to promote variety in building form and product, visual interest, access
to parks, pedestrian-oriented streets and compatibility with surrounding
neighborhoods. Multi-family developments in the Transit-Oriented Development
(TOD) Overlay Zone are exempt from subsections (B), (C) and (E) of this Section.
Section 15. That Section 3.8.30(B)(3) of the Land Use Code is hereby amended to
read as follows:
(3) The following list of housing types shall be used to satisfy this requirement:
(a) Small lot single-family detached dwellings on lots containing less than
six thousand (6,000) square feet.
(b) Two-family dwellings.
(c) Single-family attached dwellings.
(d) Mixed-use dwelling units.
(e) Group homes.
(f) Multi-family dwellings containing three (3) to four (4) units per
building.
(g) Multi-family dwellings containing five (5) to seven (7) units per
building.
(fh) Multi-family dwellings containing more than seven (7) units per
building.
Section 16. That Section 3.8.30(E)(3) of the Land Use Code is hereby amended to
read as follows:
(3) Minimum setback from street right of way: none. the right-of-way
along an arterial street shall be fifteen (15) feet and along a non-arterial
street shall be nine (9) feet.
7
(a) Exceptions to the setback standards are permitted if one of
the following is met:
1. Each unit side that faces the street has a porch
and/or balcony that has a minimum depth of six (6)
feet (as measured from the building facade to the far
side posts, railings/spindles) and a minimum length
of eight (8) feet. If more than one side of a unit
faces the street, then only one side is required to
comply.
2. An outdoor space such as a plaza, courtyard, patio
or garden is located between a building and the
sidewalk, provided such space shall have
landscaping, low walls, fencing or railings, a tree
canopy and/or other similar site improvements
along the sidewalk designed for pedestrian interest,
comfort and visual continuity.
3. All ground units that face a street are ADA
compliant units that have street-facing porches that
are directly and individually accessed from the
public sidewalk by a connecting walkway that is at
least six (6) feet in width.
4. All ground units that face a street with a transit stop
that fronts the building are affordable housing units,
each having a street-facing stoop that directly
accesses the public sidewalk by a connecting
walkway.
. . .
Section 17. That Section 3.10.4(E) of the Land Use Code is hereby amended by the
deletion of subparagraph (e) as follows:
(E) Bicycle Parking. A minimum number of bicycle parking spaces shall be
provided, equal in number to ten (10) percent of the total number of
automobile parking spaces provided by the development, but not less than
four (4) spaces.
Section 18. That Section 4.5(B)(1)(e) of the Land Use Code is hereby amended to read
as follows:
(e) Residential Uses:
1. Extra occupancy rental houses with four (4) or fewer tenants.
8
21. Shelters for victims of domestic violence for up to fifteen (15)
residents.
Section 19. That Section 4.5(B)(2)(a)7 of the Land Use Code is hereby amended to
read as follows:
7. Extra occupancy rental houses with more than four (4) tenantsfour
or more tenants.
Section 20. That Section 4.5(B)(2)(c)3 of the Land Use Code is hereby amended to
read as follows:
3. Neighborhood centers consisting of at least two (2) of the follow-
ing uses: mixed-use dwelling units; retail stores; convenience
retail stores; personal and business service shops; small animal
veterinary facilities; offices, financial services and clinics;
community facilities; neighborhood support/ recreation facilities;
schools; child care centers; limited indoor recreation
establishments; and places of worship or assembly.
Section 21. That Section 4.5(D)(2)(c) of the Land Use Code is hereby amended to
read as follows:
(c) The following list of housing types shall be used to satisfy this
requirement:
1. Single-family detached dwellings with rear loaded garages.
2. Single-family detached dwellings with front or side loaded
garages.
3. Small lot single-family detached dwellings (lots containing less
than four thousand [4,000] square feet or with lot frontages of forty
[40] feet or less) if there is a difference of at least two thousand
(2,000) square feet between the average lot size for small lot
single-family detached dwellings and the average lot size for
single-family detached dwellings with front or side loaded garages.
4. Two-family dwellings.
5. Single-family attached dwellings.
6. Mixed-use dwelling units.
7. Multi-family dwellings containing more three (3) to four (4) units
per building.
8. Multi-family dwellings containing five (5) to seven (7) units per
building.
9
79. Multi-family dwellings containing more than seven (7) units per
building (limited to twelve [12] dwelling units per building);.
810. Mobile home parks.
Section 22. That Section 4.5(E)(4) of the Land Use Code is hereby amended to read as
follows:
(4) Design Standards for Multi-Family Dwellings Containing More Than Eight
(8) Dwelling Units and for Multi-Family Dwellings Containing between Four
(4) and Eight (8) Dwelling Units When Three (3) or More Stories in Height.
Each multi-family dwelling containing more than eight (8) dwelling units and
each multi-family dwelling containing between four (4) and eight (8)
dwelling units, when located in a building of three (3) or more stories in
height, shall feature a variety of massing proportions, wall plane proportions,
roof proportions and other characteristics similar in scale to those of single-
family detached dwelling units, so that such larger buildings can be
aesthetically integrated into the low density neighborhood. The following
specific standards shall also apply to such multi-family dwellings:
. . .
Section 23. That Section 4.9(D)(5) of the Land Use Code is hereby amended to read as
follows:
(5) Floor Area Ratio (FAR). Lots are subject to a maximum FAR of thirty-three
hundredths (0.33) on the rear fifty (50) percent of the lot as it existed on
October 25, 1991. The lot area used as the basis for the FAR calculation
shall be considered the minimum lot size within the zone district.Allowable
Floor Area on Rear Half of Lots. The allowable floor area on the rear half of
a lot shall not exceed thirty-three (33) percent of the area of the rear fifty (50)
percent of the lot.
Section 24. That the table contained in Section 4.21(B)(2) 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
. . . . . . . . .
B. INSTITUTIONAL/CIVIC/PUBLIC
. . . . . . . . .
Microbrewery/distillery/winery Not permitted Type 1
C. COMMERCIAL/RETAIL
10
. . . . . . . . .
Microbrewery/distillery/winery Not permitted Type 1
Section 25. That the 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
A. RESIDENTIAL
. . . . . . . . .
E. ACCESSORY - MISC.
Wireless telecommunication equipment Type 1 Type 1
Wireless telecommunication facilities Type 1 Type 1
Satellite dish antennas greater than thirty-nine (39) inches in diameter BDR BDR
Outdoor vendor BDR BDR
Accessory uses BDR BDR
Accessory buildings BDR BDR
Section 26. That Section 4.26(D)(5)(a) of the Land Use Code is hereby amended to
read as follows:
(a) A minimum of two (2) housing types shall be required on any
residential portion of a development plan greater than ten (10) acres but
less than thirty (30) acres in size, including parcels which are part of a
phased development. A minimum of three (3) housing types shall be
required on any residential portion of a development plan greater than
thirty (30) acres in size, including parcels which are part of a phased
development. The following list of housing types shall be used to
satisfy this requirement:
1. single-family detached dwellings.
2. single-family attached dwellings.
3. two-family dwellings.
4. multi-family dwellings containing three (3) to four (4) units per
building.
5. multi-family dwellings containing five (5) to seven (7) units per
building.
46. multi-family dwellings containing more than seven (7) units per
buidling.
57. group homes.
11
68. mixed-use dwellings.
Section 27. That Section 4.27(D)(2)(m) of the Land Use Code is hereby amended to
read as follows:
(m) Minor Ppublic facilities.
. . .
Section 28. That Section 4.27(D)(6)(a) of the Land Use Code is hereby amended to
read as follows:
(a) A minimum of two (2) housing types shall be required on any
residential portion of a development plan greater than ten (10) acres but
less than thirty (30) acres in size, including parcels which are part of a
phased development. A minimum of three (3) housing types shall be
required on any residential portion of a development plan greater than
thirty (30) acres in size, including parcels which are part of a phased
development. The following list of housing types shall be used to
satisfy this requirement:
1. single-family detached dwellings located on lots containing no
more than six thousand (6,000) square feet.
2. single-family attached dwellings.
3. two-family dwellings.
4. multi-family dwellings containing three (3) to four (4) units per
building.
5. multi-family dwellings containing five (5) to seven (7) units per
building.
46. multi-family dwellings containing more than seven (7) units per
building.
57. group homes.
68. mixed-use dwellings.
79. mobile home parks.
Section 29. That the definition “Development” contained in Section 5.1.2 of the Land
Use Code is hereby amended to read as follows:
. . .
12
(2) Development shall not include:
…
(b) work by the City or any public utility for the purpose of restoring or
stabilizing the ecology of a site, or for the purpose of inspecting, repairing,
renewing or constructing, on public easements or rights-of-way, any
mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks or
the like; provided, however, that this exemption shall not include work by
the City or a public utility in constructing or enlarging mass transit or
railroad depots or terminals or any similar traffic-generating activity;
. . .
Section 30. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of a new definition “Disabled person” which reads in its entirety as follows:
Disabled person shall mean any person who has a physical or mental impairment that
substantially limits one or more major life activities, has a record of such impairment, or
is regarded as having such impairment. A physical or mental impairment shall mean
hearing, mobility and visual impairment, chronic alcoholism, chronic mental illness,
AIDS, AIDS Related Complex, and mental retardation that substantially limit one or
more major life activities. Major life activities shall mean walking, talking, hearing,
seeing, breathing, learning, performing manual tasks, and/or caring for oneself.
Section 31. That the definition “Dwelling, mixed-use” contained in Section 5.1.2 of
the Land Use Code is hereby amended to read as follows:
Dwelling, mixed-use shall mean a dwelling that is located on the same lot or in the same
building as a nonresidential use (but not including an accessory use).
Section 32. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of a new definition “Existing limited permitted use” which reads in its entirety as
follows:
Existing limited permitted use shall mean any use that was permitted for a specific parcel
of property pursuant to the zone district regulations in effect for such parcel on March 27,
1997, which is not specifically listed as a permitted use under the zone district regulations
of the zone district of this Code in which the parcel of property is located, and which
physically existed upon such parcel on March 27, 1997. Such use is permitted in the
various zone districts established in Division 4 under the limitation that such use shall
constitute a permitted use only on such parcels of property.
Section 33. That the definition “Mixed use” contained in Section 5.1.2 of the Land Use
Code is hereby amended to read as follows:
13
Mixed use shall mean the development of a lot, tract or parcel of land, building or
structure with two (2) or more different uses, including, but not limited to, residential,
office, retail, public uses, personal service or entertainment uses, (but not including
accessory uses), designed, planned and constructed as a unit.
Section 34. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of a new definition “Vehicle” which reads in its entirety as follows:
Vehicle shall mean a truck, bus, van, railroad car, automobile, tractor, trailer, motor
home, recreational vehicle, semi-tractor or any other motorized transportation device,
regardless of whether it is in operating condition.
Introduced, considered favorably on first reading, and ordered published this 2nd day of
July, A.D. 2013, and to be presented for final passage on the 16th day of July, A.D. 2013.
_________________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk
Passed and adopted on final reading on the 16th day of July, A.D. 2013.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk