HomeMy WebLinkAbout2018CV01 - SUTHERLAND V. CITY OF FORT COLLINS, ET AL - 035C - EXHIBIT 3EXHIBIT 3
REFERENCED SECTIONS OF THE
FORT COLLINS MUNICIPAL CODE
AND
LAND USE CODE
FORT COLLINS MUNICIPAL CODE
Sec. 1-2. - Definitions; rules of construction.
In the construction of this Code and of all ordinances, the following definitions and rules of construction
shall apply unless such construction would be inconsistent with the manifest intent of the City Council:
Charter . The word Charter shall mean the Home Rule Charter of the City of Fort Collins, Colorado,
adopted by the electors on October 5, 1954, and all subsequent amendments thereto. A copy of the
Charter is printed as Part I of this volume.
City . The word City shall mean the municipal corporation of Fort Collins, Colorado, including its physical
location and boundaries, or any of its officers, employees, agents or administrative units, as the context
shall require or admit.
City Council . The words City Council when used in this Code shall be construed to mean the City Council
of the City of Fort Collins, Colorado.
Code . References to the Code shall mean the Code of the City of Fort Collins as designated in § 1-1.
Computation of time . Whenever a notice is required to be given or an act to be done a certain length of
time before any proceedings shall be had, the day on which such notice is given or such act is done shall
not be counted in computing the time, but the day on which such proceeding is to be had shall be counted
unless it is a Saturday, Sunday or legal holiday in which event the period shall run until the next day
which is not a Saturday, Sunday or legal holiday. Whenever the period is less than seven (7) days,
intermediate Saturdays, Sundays and legal holidays shall not be counted in the computation.
County . The word County when used in this Code shall mean the County of Larimer, Colorado.
C.R.S . The initials C.R.S . when used in this Code shall mean the most recent edition of the Colorado
Revised Statutes.
Delegation of authority . Whenever a provision appears requiring the director of a service area, head of a
department or officer of the City to do some act or make certain inspections, it is to be construed to
authorize the director of the service area, head of the department or officer to designate, delegate and
authorize subordinates to perform the required act or make the required inspection unless the terms of
the provision or section designate otherwise. If any provision assigns a duty or responsibility to a person
holding a position of employment that no longer exists within the City's organizational structure, and the
need arises for such duty or responsibility to be carried out, the City Manager shall designate, in a writing
filed with the City Clerk, the position of employment to which the duty or responsibility is to be assigned.
Such designation by the City Manager shall remain in effect until such time, if at all, that the position
designated in the Code is reestablished in the City's organizational structure or the City Council amends
the provision in question to specify a different position to which the duty or responsibility is to be
assigned.
Department means a primary subdivision of a service area headed by a person who, regardless of title, is
directly responsible to the director of the service area.
District Court shall mean the District Court for the Eighth Judicial District for the State of Colorado.
Division means a primary subdivision of a department headed by a person who is directly responsible to
the head of the department.
Employee . Employee shall mean a person in the compensated service of the City except City
Councilmembers.
Gender . A word importing the masculine or feminine gender shall extend and be applied to firms,
partnerships and corporations, etc., as well as to males and females where the context of the provision
permits.
Growth Management Area shall mean the Fort Collins Urban Growth Area as defined in Article XIII of the
Charter of the City, namely, that geographic area within and adjacent to the City identified by the
Intergovernmental Agreement between the City of Fort Collins and Larimer County as that area identified
for annexation and urbanization by the City, including the Urban Growth Area as it exists on March 5,
1985, together with any amendments or changes thereto.
Interpretation . In the interpretation and application of any provisions of this Code, it shall be held to be at
least the minimum requirements adopted for the promotion of the public health, safety, comfort,
convenience and general welfare. Where any other provision of this Code imposes greater restrictions
upon the subject matter than the general provision imposed by the Code, the provision imposing the
greater restriction or regulation shall be deemed to be controlling.
Month . The word month shall mean a calendar month.
Name of the officer, department, board, etc . The naming of an officer, department, board, etc., shall be
construed as if followed by the words "of the City of Fort Collins."
Nontechnical and technical words . Words and phrases shall be construed according to the common and
approved usage of the language, but technical words and phrases and such others as may have acquired
a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.
Number . A word importing the singular number only may extend and be applied to several persons and
things as well as to one (1) person and thing.
Oath . The word oath shall be construed to include an affirmation in all cases in which, by law, an
affirmation may be substituted for an oath, and in such cases the words swear and sworn shall be
equivalent to the words affirm and affirmed .
Office. Office shall mean an administrative, legislative or judicial position in the service of the City.
Owner . The word owner , applied to a building or land, shall include any part owner, joint owner, tenant in
common, tenant in partnership, joint tenant or tenant by the entirety, of the whole or of a part of such
building or land.
Person . The word person shall extend and be applied to individuals, corporations, associations, firms,
joint ventures, estates, trusts, business trusts, syndicates, fiduciaries, partnerships and bodies politic and
corporate and all other groups and combinations.
Real property . The words real property shall include lands, tenements and hereditaments.
Registered elector . Registered elector shall mean a qualified elector residing in the City who has
registered to vote in City elections in the manner required by state law.
Service area means a major City administrative unit designated as a service area in this Code and
headed by a director who, regardless of title, is directly responsible to the City Manager or his or her
designee.
Sidewalk. The word sidewalk shall mean any portion of a street between the curbline and the adjacent
property line excluding parkways which is intended for the use of pedestrians.
State . The word State shall mean the State of Colorado.
Street . The word street shall mean a public way (whether publicly or privately owned) used or intended to
be used for carrying vehicular, bicycle and/or pedestrian traffic, and shall include the entire area within the
public right-of-way and/or public access easement.
Tense . Words used in the present or past tense include the future as well as the present or past.
Year . The word year shall mean a calendar year.
(Code 1972, § 1-22; Ord. No. 222, 1998, § 1, 12-15-98; Ord. No. 130, 2002, § 1, 9-17-02; Ord.
No. 24, 2005, § 1, 3-1-05; Ord. No. 091, 2007, § 1, 9-4-07; Ord. No. 011, 2018 , § 2, 1-16-18)
Charter reference— Definitions, Art. XIII.
LAND USE CODE
1.4.9 - Rules of Construction for Text
In construing the language of this Land Use Code, the rules set forth in Section 1-2 of the City Code and
this Section shall be observed unless such construction would be inconsistent with the manifest intent of
the Council as expressed in this Land Use Code or in City Plan Principles and Policies. The rules of
construction and definitions set forth herein shall not be applied to any express provisions excluding such
construction, or where the subject matter or context of such section is repugnant thereto. In the event of a
conflict between these rules of construction and the rules of construction established in Section 1-2 of the
City Code, these rules shall control.
(A) Generally. All provisions, terms, phrases and expressions contained in the Land Use Code
shall be so construed in order that the intent and meaning of the Council may be fully carried
out. Terms used in the Land Use Code, unless otherwise specifically provided, shall have the
meanings prescribed by the statutes of this state for the same terms.
In the interpretation and application of any provision of the Land Use Code, such provision
shall be held to be the minimum requirement adopted for the promotion of the public
health, safety, comfort, convenience and general welfare. Where any provision of the Land
Use Code imposes greater restrictions upon the subject matter than another provision of
the Land Use Code, the provision imposing the greater restriction or regulation shall be
deemed to be controlling. In other words, the more stringent controls over the less
stringent.
The definitions are intended to be generally construed within the context of the Land Use
Code, except as shall be specified by the term itself within a given context for a select
section of the Land Use Code.
(B) Text. In case of any difference of meaning or implication between the text of the Land Use
Code and any figure or diagram, the text shall control.
(C) Conjunctive/Disjunctive. Unless the context clearly indicates the contrary, the following
words shall be interpreted as follows:
(1) "And" indicates that all connected words or provisions apply.
(2) "Or" or "and/or" indicates that the connected words or provisions may apply singly or in
any combination.
(3) "Either...or" indicates that the connected words or provisions apply singly but not in
combination.
(D) Day. The word "day" shall mean a calendar day.
(E) Delegation of Authority. Whenever a provision appears requiring the Director or some other
City officer or employee to do some act or perform some duty, such provision shall be construed
as authorizing the Director or other officer or employee to designate, delegate and authorize
professional-level subordinates to perform the required act or duty unless the terms of the
provision specify otherwise. With respect to the review of development applications eligible for
Type 1 review, in addition to or in substitution for delegation to subordinates as above
authorized, the Director may engage the services of an attorney with experience in land use
matters.
(F) Exhibits. Any exhibit to this Code which is taken from another regulation of the City shall be
automatically amended upon the making of any amendment to the document of origin, and the
Director shall promptly replace such exhibit with the new amended exhibit.
(G) Include. The word "including," "includes," "such as," "additional" or "supplemental" is
illustrative and is not intended as an exhaustive listing, unless the context clearly indicates the
contrary.
(H) Headings. Article, division, section and subsection headings contained in the Land Use Code
are for convenience only and do not govern, limit, modify or in any manner affect the scope,
meaning or intent of any portion of the Land Use Code.
(I) Shall, May, Should. The word "shall," "will" or "must" is mandatory; "may" is permissive,
"should" is suggestive but not mandatory.
(J) Week. The word "week" shall be construed to mean seven (7) calendar days.
(K) Written or In Writing. The term "written" or "in writing" shall be construed to include any
representation of words, letters or figures whether by printing or other form or method of writing.
(L) Year. The word "year" shall mean a calendar year, unless a fiscal year is indicated or three
hundred sixty-five (365) calendar days is indicated.
(Ord. No. 081, 2007 §1, 7/17/07; Ord. No. 024, 2013 §1, 2/26/13; Ord. No. 091, 2018 , §2,
7/17/18)
ARTICLE 2 - ADMINISTRATION
DIVISION 2.1 - GENERAL PROCEDURAL REQUIREMENTS
2.1.1 - Decision Maker and Administrative Bodies
The City Council, Planning and Zoning Board, Zoning Board of Appeals and Community Planning and
Environmental Services Director (the "Director") are frequently referenced in this Land Use Code.
Reference should be made to Chapter 2 of the City Code for descriptions of these and other decision
makers and administrative bodies, and their powers, duties, membership qualifications and related
matters.
The Director or the Planning and Zoning Board will consider, review and decide all development
applications for permitted uses (overall development plans, PUD Overlays 640 acres or less, basic
development review plans, project development plans and final plans) according to the provisions of this
Land Use Code. For those development applications subject to basic development review, the Director
(or the Director's subordinate) is the designated decision maker. For those development applications
subject to administrative review (sometimes referred to as "Type 1 review"), the Director is the designated
decision maker (see Section 2.2.7(A)(1)). For those development applications subject to P&Z review
(sometimes referred to as "Type 2 review"), the Planning and Zoning Board is the designated decision
maker (see Section 2.2.7(A)(2)). For PUD Overlays greater than 640 acres, the City Council is the
designated decision maker after receiving a Planning and Zoning Board recommendation. The permitted
use list for a particular zone district and the development review procedure "steps" for a particular
development application identifies which review, Type 1 or Type 2, will apply. For building permit
applications, the Building and Zoning Director is the decision maker (see Section 2.7.3). (See "Overview
of Development Review Procedures," Section 2.1.2, below, for a further description of different levels of
review.)
( Ord. No. 175, 2014 §2, 12/16/14 ; Ord. No. 063, 2018 , §3, 6/5/18; Ord. No. 091, 2018 , §3,
7/17/18)
2.1.2 - Overview of Development Review Procedures
This article establishes the development review procedures for different types of development
applications and building permits within the city.
(A) Where is the project located? An applicant must first locate the proposed project on the
Zoning Map. Once the proposed project has been located, the applicable zone district must be
identified from the Zoning Map and legend. Then, by referring to Article 4, District Standards, of
this Land Use Code, the applicant will find the district standards which apply to the zone district
in which the proposed project is located. The city's staff is available to assist applicants in this
regard.
(B) What uses are proposed? Next, an applicant must identify which uses will be included in the
proposed project. If all of the applicant's proposed uses are listed as permitted uses in the
applicable zone district for the project, then the applicant is ready to proceed with a
development application for a permitted use. If any of the applicant's proposed uses are not
listed as permitted uses in the applicable zone district for the project, then the applicant must
either eliminate the nonpermitted uses from his or her proposal, seek the addition of a new
permitted use pursuant to Section 1.3.4, seek a text amendment to this Land Use Code or a
rezoning amendment to the Zoning Map pursuant to Division 2.9, or seek approval of a PUD
Overlay pursuant to Divisions 2.15 and 4.29. Any use not listed as a permitted use in the
applicable zone district is deemed a prohibited use in that zone district, unless it has been
permitted pursuant to Section 1.3.4 for a particular development application or permitted as part
of an approved PUD Overlay. Again, the city's staff will be available to assist applicants with
their understanding of the zone districts and permitted uses.
(C) Which type of development application should be submitted? To proceed with a
development proposal for permitted uses, the applicant must determine what type of
development application should be selected and submitted. All development proposals which
include only permitted uses must be processed and approved through the following
development applications: first through a project development plan (Division 2.4), and then
through a final plan (Division 2.5). If the applicant desires to develop in two (2) or more separate
project development plan submittals, an overall development plan (Division 2.3) will also be
required prior to or concurrently with the project development plan. Overall development plans,
PUD Overlays, project development plans and final plans are the four (4) types of development
applications for permitted uses. Each successive development application for a development
proposal must build upon the previously approved development application by providing
additional details (through the development application submittal requirements) and by meeting
additional restrictions and standards (contained in the General Development Standards of
Article 3 and the District Standards of Article 4). Overall development plans and project
development plans may be consolidated into one (1) application for concurrent processing and
review when appropriate under the provisions of Section 2.2.3. The purpose, applicability and
interrelationship of these types of development applications are discussed further in Section
2.1.3.
(D) Who reviews the development application? Once an applicant has determined the type of
development application to be submitted, he or she must determine the appropriate level of
development review required for the development application. To make this determination, the
applicant must refer to the provisions of the applicable zone district in Article 4 and the
provisions pertaining to the appropriate development application. These provisions will
determine whether the permitted uses and the development application are subject to basic
development review, administrative review ("Type 1 review"), Planning and Zoning Board
review ("Type 2 review"), or City Council review in the case of PUD Overlays greater than 640
acres. Identification of the required level of development review will, in turn, determine which
decision maker, the Director in the case of administrative review ("Type 1 review"), or the
Planning and Zoning Board in the case of Planning and Zoning Board review ("Type 2 review"),
or the City Council for PUD Overlays greater than 640 acres, will review and make the final
decision on the development application. When a development application contains both Type 1
and Type 2 uses, it will be processed as a Type 2 review.
(E) How will the development application be processed? The review of overall development
plans, PUD Overlays, project development plans and final plans will each generally follow the
same procedural "steps" regardless of the level of review (administrative review or Planning and
Zoning Board review). The common development review procedures contained in Division 2.2
establish a twelve-step process equally applicable to all overall development plans, project
development plans and final plans.
The twelve (12) steps of the common development review procedures are the same for each
type of development application, whether subject to basic development review, administrative
review, Planning and Zoning Board review, or City Council review in the case of PUD Overlays
greater than 640 acres unless an exception to the common development review procedures is
expressly called for in the particular development application requirements of this Land Use
Code. In other words, each overall development plan, each project development plan and each
final plan will be subject to the twelve-step common procedure. The twelve (12) steps include:
(1) conceptual review; (2) neighborhood meeting; (3) development application submittal; (4)
determination of sufficiency; (5) staff report; (6) notice; (7) public hearing; (8) standards; (9)
conditions of approval; (10) amendments; (11) lapse; and (12) appeals.
However, Step 1, conceptual review, applies only to the initial development application submittal
for a development project (i.e., overall development plan or PUD Overlay when required, or
project development plan when neither an overall development plan nor a PUD Overlay is
required). Subsequent development applications for the same development project are not
subject to Step 1, conceptual review.
Moreover, Step 2, neighborhood meeting, applies only to certain development applications
subject to Planning and Zoning Board and City Council review. Step 2, neighborhood meeting,
does not apply to development applications subject to basic development review or
administrative review. Step 3, application submittal requirements, applies to all development
applications. Applicants shall submit items and documents in accordance with a master list of
submittal requirements as established by the City Manager. Overall development plans must
comply with only certain identified items on the master list, while PUD Overlays, project
development plans, and final plans must include different items from the master list. This master
list is intended to assure consistency among submittals by using a "building block" approach,
with each successive development application building upon the previous one for that project.
City staff is available to discuss the common procedures with the applicant.
(F) What if the development proposal doesn't fit into one of the types of development
applications discussed above? In addition to the four (4) development applications for
permitted uses, the applicant may seek approval for other types of development applications,
including development applications for a modification of standards (Division 2.8), an
amendment to the text of the Land Use Code and/or the Zoning Map (Division 2.9), a hardship
variance (Division 2.10), an appeal of an administrative decision (Division 2.11) or other
requests. These other types of development applications will be reviewed according to
applicable steps in the common development review procedures.
(G) Is a building permit required? The next step after approval of a final plan is to apply for a
Building Permit. Most construction requires a Building Permit. This is a distinct and separate
process from a development application. The twelve (12) steps of the common development
review procedures must be followed for the Building Permit process. Procedures and
requirements for submitting a Building Permit application are described in Division 2.7.
(H) Is it permissible to talk with decision makers "off the record" about a development plan
prior to the decision makers' formal review of the application? No. Development plans
must be reviewed and approved in accordance with the provisions of this Land Use Code and
the City's decision whether to approve or deny an application must be based on the criteria
established herein and on the information provided at the hearings held on the application. In
order to afford all persons who may be affected by the review and approval of a development
plan an opportunity to respond to the information upon which decisions regarding the plan will
be made, and in order to preserve the impartiality of the decision makers, decision makers who
intend to participate in the decisions should avoid communications with the applicant or other
members of the public about the plan prior to the hearings in which they intend to participate.
(Ord. No. 90, 1998, 5/19/98; Ord. No. 165, 1999 §§4-6, 11/16/99; Ord. No. 073, 2008 §2, 7/1/08;
Ord. No. 120, 2011 §2, 9/20/2011; Ord. No. 059, 2017 , § 5, 5/2/17; Ord. No. 091, 2018 , §4,
7/17/18)
2.1.3 - Types of Development Applications
(A) Applicability. All development proposals which include only permitted uses must be processed and
approved through the following development applications: a basic development review; or through a
project development plan (Division 2.4), then through a final plan (Division 2.5), then through a
development construction permit (Division 2.6) and then through a building permit review (Division
2.7). If the applicant desires to develop in two (2) or more separate project development plan
submittals, an overall development plan (Division 2.3) will also be required prior to or concurrently
with the project development plan. A PUD Master Plan associated with a PUD Overlay may be
substituted for an overall development plan (Divisions 2.15 and 4.29). Each successive development
application for a development proposal must build upon the previously approved development
application by providing additional details (through the development application submittal
requirements) and by meeting additional restrictions and standards (contained in the General
Development Standards of Article 3 and the District Standards of Article 4).
Permitted uses subject to administrative review or permitted uses subject to Planning and Zoning
Board review listed in the applicable zone district set forth in Article 4, District Standards, shall be
processed through an overall development plan, a project development plan or a final plan. If any
use not listed as a permitted use in the applicable zone district is included in a development
application, it may also be processed as an overall development plan, project development plan or
final plan, if such proposed use has been approved, or is concurrently submitted for approval, in
accordance with the requirements for an amendment to the text of this Land Use Code and/or the
Zoning Map, Division 2.9, or in accordance with the requirements for the addition of a permitted use
under Section 1.3.4. Development applications for permitted uses which seek to modify any
standards contained in the General Development Standards in Article 3, or the District Standards in
Article 4, shall be submitted by the applicant and processed as a modification of standards under
Division 2.8. Hardship variances to standards contained in Article 3, General Development
Standards, or Article 4, District Standards, shall be processed as hardship variances by the Zoning
Board of Appeals pursuant to Division 2.10. Appeals of administrative/staff decisions shall be
according to Division 2.11. PUD overlays shall be processed pursuant to Divisions 2.15, 4.29.
(B) Overall Development Plan .
(1) Purpose and Effect . The purpose of the overall development plan is to establish general
planning and development control parameters for projects that will be developed in phases with
multiple submittals while allowing sufficient flexibility to permit detailed planning in subsequent
submittals. Approval of an overall development plan does not establish any vested right to
develop property in accordance with the plan.
(2) Applicability . An overall development plan shall be required for any property which is intended
to be developed over time in two (2) or more separate project development plan submittals.
Refer to Division 2.3 for specific requirements for overall development plans.
(C) Project Development Plan and Plat .
(1) Purpose and Effect . The project development plan shall contain a general description of the
uses of land, the layout of landscaping, circulation, architectural elevations and buildings, and it
shall include the project development plan and plat (when such plat is required pursuant to
Section 3.3.1 of this Code). Approval of a project development plan does not establish any
vested right to develop property in accordance with the plan.
(2) Applicability . Upon completion of the conceptual review meeting and after the Director has
made written comments and after a neighborhood meeting has been held (if necessary), an
application for project development plan review may be filed with the Director. If the project is to
be developed over time in two (2) or more separate project development plan submittals, an
overall development plan shall also be required. Refer to Division 2.4 for specific requirements
for project development plans.
(D) Final Plan and Plat .
(1) Purpose and Effect . The final plan is the site specific development plan which describes and
establishes the type and intensity of use for a specific parcel or parcels of property. The final
plan shall include the final subdivision plat (when such plat is required pursuant to Section 3.3.1
of this Code), and if required by this Code or otherwise determined by the Director to be
relevant or necessary, the plan shall also include the development agreement and utility plan
and shall require detailed engineering and design review and approval. Building permits may be
issued by the Building and Zoning Director only pursuant to an approved final plan or other site
specific development plan, subject to the provisions of Division 2.8.
(2) Applicability . Application for a final plan may be made only after approval by the appropriate
decision maker (Director for Type 1 review, or Planning and Zoning Board for Type 2 review) of
a project development plan, unless the project development and final plans have been
consolidated pursuant to Section 2.2.3(B). An approved final plan shall be required for any
property which is intended to be developed. No development shall be allowed to develop or
otherwise be approved or permitted without an approved final plan. Refer to Division 2.5 for
specific requirements for final plans.
(E) Site Plan Advisory Review .
(1) Purpose and Effect . The Site Plan Advisory Review process requires the submittal and
approval of a site development plan that describes the location, character and extent of
improvements to parcels owned or operated by public entities. In addition, with respect to public
and charter schools, the review also has as its purpose, as far as is feasible, that the proposed
school facility conforms to the City's Comprehensive Plan.
(2) Applicability . A Site Plan Advisory Review shall be applied to any public building or structure.
For a public or charter school, the Planning and Zoning Board shall review a complete Site Plan
Advisory Review application within thirty (30) days (or such later time as may be agreed to in
writing by the applicant) of receipt of such application under Section 22-32-124, C.R.S. For Site
Plan Advisory Review applications under Section 31-23-209, C.R.S., such applications shall be
reviewed and approved or disapproved by the Planning and Zoning Board within sixty (60) days
following receipt of a complete application.
Enlargements or expansions of public buildings, structures, schools and charter schools are
exempt from the Site Plan Advisory review process if:
(a) The change results in a size increase of less than twenty-five (25) percent of the existing
building, structure or facility being enlarged, whether it be a principal or accessory use; and
(b) The enlargement or expansion does not change the character of the building or facility.
Application for a Site Plan Advisory Review is subject to review by the Planning and Zoning
Board under the requirements contained in Division 2.16 of this Code.
(F) PUD Overlay .
(1) Purpose and Effect. The purpose of the PUD Overlay is to provide an avenue for property
owners with larger and more complex development projects to achieve flexibility in site design
by means of customized uses, densities, and Land Use Code and non-Land Use Code
development standards. In return for such flexibility, significant public benefits not available
through traditional development procedures must be provided by the development. A PUD
Master Plan is the written document associated with a PUD Overlay and the PUD Master Plan
sets forth the general development plan and the customized uses, densities, and Land Use
Code and non-Land Use Code development standards. An approved PUD Overlay overlays the
PUD Master Plan entitlements and restrictions upon the underlying zone district requirements.
(2) Applicability. A PUD Overlay is available to properties or collections of contiguous properties
fifty (50) acres or greater in size. Refer to Divisions 2.15 and 4.29 for specific requirements and
review of PUD Overlays and PUD Master Plans.
(Ord. No. 90, 1998, 5/19/98; Ord. No. 177, 1998 §4, 10/20/98; Ord. No. 165, 1999 §§7, 8,
11/16/99; Ord. No. 173, 2003 §§1,2, 12/16/03; Ord. No. 198, 2004 §1, 12/21/04; Ord. No. 086,
2014 , §2, 7/1/14; Ord. No. 175, 2014 §3, 12/16/14 ; Ord. No. 091, 2018 , §2, 7/17/18)
2.1.4 - Effect of Development Application Approval
(A) Limitation on other development . In the event that a property has obtained development
approval of a site specific development plan, such property may not thereafter be developed in any
other fashion, except in accordance with Division 1.5, Nonconforming Uses and Structures or 1.6,
Existing Limited Permitted Uses; or upon the occurrence of one (1) of the following events:
(1) The right to develop the property in accordance with the approved plan has expired pursuant to
Division 2.2, in which event the property may be developed according to such other
development application as may be subsequently approved by the appropriate decision maker
(the Director for Type 1 review and the Planning and Zoning Board for Type 2 review);
(2) The owner of the property has obtained the approval, pursuant to subsections 2.2.10(B) and
(C), of the appropriate decision maker to abandon the right to develop the property (or any
portion thereof) in accordance with the approved development plan, in which event the right to
develop other than as the previously approved development plan shall apply only to the portion
of the property which is no longer subject to the development plan;
(3) The owner of the property has obtained permission from the appropriate decision maker to
amend the approved development plan in accordance with Division 2.2, in which event the
property shall be developed according to the amended plan;
(4) The owner of the property has obtained the approval of the appropriate decision maker to
redevelop the property (or any portion thereof) in some manner other than in accordance with
the approved development plan because of the destruction of improvements constructed
pursuant to the approved development plan by reason of fire, flood, tornado or other
catastrophe, in which event the property shall be developed according to the plan for
redevelopment approved by the appropriate decision maker.
(B) Process. Any property owner seeking to obtain the approval of the appropriate decision maker
pursuant to this Section shall submit an application complying with the requirements and procedures
set forth in Section 2.2.10 pertaining to amendments and abandonment.
(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 Code or, if such remaining parcel of property was not reviewed and approved
under this 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.
(2) The application shall not be approved if, in so approving, the city's rights of ownership of, or
practical ability to utilize, any previously dedicated street, easement, right-of-way or other public
area or public property would be denied or diminished to the detriment of the public good.
(Ord. No. 90, 1998, 5/19/98; Ord. No. 183, 2000 §2, 12/19/00; Ord. No. 107, 2001 §2, 6/19/01;
Ord. No. 051, 2012 §3, 7/17/2012)
2.1.5 - Dedications and Vacations
(A) By the Planning and Zoning Board. As part of its review and approval of a specific planning item,
the Planning and Zoning Board may accept the dedication of streets, easements 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.
(Ord. No. 59, 2000 §3, 6/6/00; Ord. No. 091, 2004 §2, 6/15/04; Ord. No. 081, 2007 §2, 7/17/07)
2.1.6 - Optional Pre-Application Review
(A) Optional City Council Pre-Application Review of Complex Development Proposals:
A potential applicant for development other than a PUD Overlay may request that the City Council
conduct a hearing for the purpose of receiving preliminary comments from the City Council regarding
the overall proposal in order to assist the proposed applicant in determining whether to file a
development application or annexation petition. Only one (1) pre-application hearing pursuant to this
Subsection (A) may be requested. The following criteria must be satisfied for such a hearing to be
held:
(a) The proposed development cannot have begun any step of the Common Development
Review Procedures for Development Applications set forth in Article 2, Division 2.2.
(b) The proposed application for approval of a development plan must require City Council
approval of an annexation petition, an amendment to the City's Comprehensive Plan, or
some other kind of formal action by the City Council, other than a possible appeal under
this Land Use Code
(c) The City Manager must determine in writing that the proposed development will have a
community-wide impact.
(B) Optional Pre-Application PUD Overlay Proposal Review:
This optional review is available to potential PUD applicants that have not begun any step of the
Common Development Review Procedures for Development Applications set forth in Article 2,
Division 2.2. Such review is intended to provide an opportunity for applicants to present
conceptual information to the Planning and Zoning Board for PUD Overlays between 50 and
640 acres in size, or to City Council for PUD Overlays greater than 640 acres in size, regarding
the proposed development including how site constraints will be addressed and issues of
controversy or opportunities related to the development. Applicants participating in such review
procedure should present specific plans showing how, if at all, they intend to address any
issues raised during the initial comments received from staff and affected property owners. In
order for a pre-application hearing to be held, the Director must determine in writing that the
proposed PUD will have a community-wide impact. Only one (1) pre-application hearing
pursuant to this Subsection (B) may be requested.
(C) Notice and Hearing Procedure .
All preapplication hearings under above Subsections (A) or (B) this provision will be held in
accordance with the provisions contained in Steps (6), (7)(B) and (7)(C) of the Common
Development Review Procedures, except that the signs required to be posted under Step (6)(B)
shall be posted subsequent to the scheduling of the session and not less than fourteen (14)
days prior to the date of the hearing. At the time of requesting the hearing, the applicant must
advance the City's estimated costs of providing notice of the hearing. Any amounts paid that
exceed actual costs will be refunded to the applicant.
(D) Input Non-Binding, Record.
The Planning and Zoning Board or City Council as applicable pursuant to above Subsections
(A) or (B) may, but shall not be required to, comment on the proposal. Any comment,
suggestion, or recommendation made by any Planning and Zoning Board or City Council
member with regard to the proposal does not bind or otherwise obligate any City decision maker
to any course of conduct or decision pertaining to the proposal. All information related to an
optional review shall be considered part of the record of any subsequent development review
related to all or part of the property that was the subject of the optional review.
(Ord. No. 091, 2018 , §6, 7/17/18)
DIVISION 2.2 - COMMON DEVELOPMENT REVIEW PROCEDURES FOR DEVELOPMENT APPLICATIONS
Sections:
2.2.1 - Step 1: Conceptual Review/Preliminary Design Review
(A) Conceptual Review:
(1) Purpose . Conceptual review is an opportunity for an applicant to discuss requirements,
standards and procedures that apply to his or her development proposal. Major problems can
be identified and solved during conceptual review before a formal application is made.
Representatives of the Department, Poudre Fire Authority, Police Services, Water &
Wastewater Utilities, Electric Utility, Stormwater Utility, and other departments as appropriate,
and special districts where applicable.
(2) Applicability. A conceptual review is mandatory for all overall development plans and for project
development plans not subject to an overall development plan. Conceptual review must occur at
least one (1) day prior to submittal of any application for an overall development plan or project
development plan which is not subject to an overall development plan. The conceptual review
may be waived by the Director for those development proposals that, in his or her opinion,
would not derive substantial benefit from such review.
(3) Concept Plan Submittal . The applicant shall bring a sketch showing the location of the
proposed project, major streets and other significant features in the vicinity to the Conceptual
Review meeting.
(4) Staff Review and Recommendation . Upon receipt of a concept plan, and after review of such
plan with the applicant, the Director shall furnish the applicant with written comments regarding
such plan, including appropriate recommendations to inform and assist the applicant prior to
preparing the components of the development application.
(B) Preliminary Design Review:
(1) Purpose . Preliminary design review is an opportunity for an applicant to discuss requirements,
standards, procedures, potential modifications of standards or variances that may be necessary
for a project and to generally consider in greater detail the development proposal design which
has been evaluated as a part of the conceptual review process. While the conceptual review
process is a general consideration of the development proposal, preliminary design review is a
consideration of the development proposal in greater detail. Problems of both a major and minor
nature can be identified and solved during the preliminary design review before a formal
application is made.
Representatives of the Department, Poudre Fire Authority, Police Services, Water and
Wastewater Utilities, Electric Utility, Stormwater Utility, and other departments as appropriate,
and special districts where applicable. Additionally, other public or quasi-public agencies which
may be impacted by the development project are invited and encouraged to attend the
preliminary design review. These agencies may include the gas utility, water and/or wastewater
utility districts, ditch companies, railroads, cable television service providers and other similar
agencies.
(2) Applicability . Although a preliminary design review is not mandatory, it may be requested by
the applicant for any development proposal. A request for preliminary design review may be
made in an informal manner, either in writing or orally, but must be accompanied by the
payment of the application fee as established in the development review fee schedule.
Preliminary design review, if requested by the applicant, must occur at least seven (7) days
prior to the submittal of any application for overall development plan or project development
plan which is not subject to an overall development plan.
(3) Preliminary Plan Submittal . In conjunction with a preliminary design review, the applicant shall
submit all documents required for such review as established in the development application
submittal requirements master list.
(4) Staff Review and Recommendation. Upon receipt of a preliminary development proposal for
review, and after review of such proposal with the applicant, the Director shall furnish the
applicant with written comments and recommendations regarding such proposal in order to
inform and assist the applicant prior to preparing components of the development application. In
conjunction with the foregoing, the Director shall provide the applicant with a "critical issues list"
which will identify those critical issues which have surfaced in the preliminary design review as
issues which must be resolved during the review process of the formal development application.
The critical issues list will provide to applicants the opinion of the Director regarding the
development proposal, as that opinion is established based upon the facts presented during
conceptual review and preliminary design review. To the extent that there is a misunderstanding
or a misrepresentation of facts, the opinion of the Director may change during the course of
development review. The positions of the Director that are taken as a part of the critical issues
list may be relied upon by applicants, but only insofar as those positions are based upon clear
and precise facts presented in writing, either graphically or textually on plans or other
submittals, to the Director during the course of preliminary design review.
(Ord. No. 161, 2005 §1, 12/20/05; Ord. No. 005, 2007 §1, 2/6/07; Ord. No. 063, 2018 , §4,
6/5/18))
2.2.2 - Step 2: Neighborhood Meetings
(A) Purpose. In order to facilitate citizen participation early in the development review process, the City
shall require a neighborhood meeting between citizens of area neighborhoods, applicants and the
Director for any development proposal that is subject to P&Z review unless the Director determines
that the development proposal would not have significant neighborhood impact. Citizens are urged to
attend and actively participate in these meetings. The purpose of the neighborhood meeting is for
such development applications to be presented to citizens of area neighborhoods and for the citizens
to identify, list and discuss issues related to the development proposal. Working jointly with staff and
the applicant, citizens help seek solutions for these issues. Neighborhood meetings are held during
the conceptual planning stage of the proposal so that neighborhoods may give input on the proposal
before time and effort have been expended by the applicant to submit a formal development
application to the City. At least ten (10) calendar days shall have passed between the date of the
neighborhood meeting and the submittal to the City of the application for development approval for
the project that was the subject of the neighborhood meeting.
(B) Applicability . A neighborhood meeting shall be required on any development proposal that is
subject to Planning and Zoning Board review unless the Director determines as a part of the staff
review and recommendation required pursuant to Section 2.2.1(A)(4) that the development proposal
would not have significant neighborhood impacts.
(C) Notice of Neighborhood Meeting . Notice of the neighborhood meeting shall be given in
accordance with Section 2.2.6(A), (B) and (D).
(D) Attendance at Neighborhood Meeting. If a neighborhood meeting is required, the meeting shall
be held prior to submittal of a development application to the Director for approval of an overall
development plan and/or project development plan. The applicant or applicant's representative shall
attend the neighborhood meeting. The Director shall be responsible for scheduling and coordinating
the neighborhood meeting and shall hold the meeting in the vicinity of the proposed development.
(E) Summary of Neighborhood Meeting . A written summary of the neighborhood meeting shall be
prepared by the Director. The written summary shall be included in the staff report provided to the
decision maker at the time of the public hearing to consider the proposed development.
(Ord. No. 091, 2004 §3, 6/15/04; Ord. No. 161, 2005 §2, 12/20/05; Ord. No. 120, 2011 §3,
9/20/2011)
2.2.3 - Step 3: Development Application Submittal
(A) Development Application Forms. All development applications shall be in a form established by
the Director and made available to the public.
(B) Consolidated Development Applications and Review. Development applications combining an
overall development plan and a project development plan for permitted uses for the same
development proposal may be consolidated for submittal and review, in the discretion of the Director,
depending upon the complexity of the proposal. For these consolidated applications, the applicant
shall follow the project development plan development review procedures. Such consolidated
applications shall be reviewed, considered and decided by the highest level decision maker that
would have decided the development proposal under Section 2.2.7 had it been submitted, processed
and considered as separate development applications. Decision makers, from highest level to lowest
level, are the Planning and Zoning Board and the Director, respectively.
(C) Development Application Contents.
(1) Development Application Submittal Requirements Master List. A master list of development
application submittal requirements shall be established by the City Manager. The master list
shall, at a minimum, include a list of all information, data, explanations, analysis, testing,
reports, tables, graphics, maps, documents, forms or other items reasonably necessary,
desirable or convenient to (1) determine whether or not the applicant, developer and/or owner
have the requisite power, authority, clear title, good standing, qualifications and ability to submit
and carry out the development and/or activities requested in the development application; and
(2) determine whether or not the development activities and development application address
and satisfy each and every applicable general development standard, district standard or other
requirement or provisions of this Land Use Code.
(2) Submittal Requirement. Each development application shall be submitted to the Director and
shall include the items on the master list that are identified as submittal requirements for that
development application. The Director may waive items on the master list that are not
applicable due to the particular conditions and circumstances of that development proposal.
(3) Execution of Plats/Deeds; Signature Requirements. All final plats and/or deeds (for
conveyances of real property either off the site described on the plat or at a time or in a manner
separate from the plat), submitted to the City shall:
(a) be signed by all current owners of any recorded fee interest in the surface of the land
described on the plat (or in the deed), whether full or defeasible and whether solely or
partially owned.
(b) be signed by all current owners of any equitable interest arising out of a contract to
purchase any fee interest in the surface of the land described on the plat (or in the deed),
whether full or defeasible and whether solely or partially owned.
(c) be signed by all current record owners of any non-freehold interest arising from any
recorded lease of the surface of the land described on the plat (or in the deed) if such
lease has a remaining term of six (6) years following approval of the final development plan
by the decision maker or if such lease contains any right of extension which, if exercised by
the tenant, would create a remaining term of six (6) years following approval of the final
development plan by the decision maker.
(d) be signed by all current owners of any recorded mortgage, deed of trust or other lien,
financial encumbrance upon or security interest in the lands described on the plat (or deed)
which, if foreclosed would take, injure, diminish or weaken the city's interest in any land,
easement or right-of-way which is dedicated to the city or to the public on the plat (or in the
deed).
(e) be signed by all current owners of any easement or right-of-way in the lands described on
the plat (or in the deed) whether on, above or below the surface, which includes rights
which will take, injure, diminish or weaken the city's interest in any land, easement or right-
of-way which is dedicated to the city or to the public on the plat (or in the deed).
(f) be signed by an attorney licensed to practice law in the State of Colorado certifying to the
city that all signatures as required pursuant to subparagraphs (a) through (e) above have
lawfully and with full authority been placed upon the plat (or in the deed). Said certification
may be limited by the attorney so certifying to only those ownership interests that are of
record or, if not of record, are either actually known to the certifying attorney to exist, or in
the exercise of reasonable diligence, should have been known to the certifying attorney to
exist. For purposes of such certification, the terms "record," "recorded" and "of record" shall
mean as shown by documents recorded in the real estate records in the Clerk and
Recorder's Office of Larimer County, Colorado prior to the date of certification.
(g) contain a maintenance guarantee, a repair guarantee and a certificate of dedication
signed by the developer and the owner (as described in subparagraph (a) above), which
provide a two-year maintenance guarantee and five-year repair guarantee covering all
errors or omissions in the design and/or construction. The specific provisions of the
maintenance guarantee, repair guarantee and certificate of dedication shall be established
by the City Engineer.
(h) contain the legal notarization of all signatures as required pursuant to subparagraphs (a)
through (e) above to be placed upon the plat (or deed).
The Director may waive or modify the requirements of subparagraphs (b) through (e), and the
requirements of subparagraph (g) above upon a clear and convincing showing by the applicant
that such waiver or modification will not result in any detriment to the public good, including
without limitation, detriment to the interest of the public in the real property conveyed to it on the
plat (or in the deed); and will not result in any harm to the health, safety or general welfare of
the City and its citizens.
(D) Development Review Fees .
(1) Recovery of Costs . Development review fees are hereby established for the purpose of
recovering the costs incurred by the City in processing, reviewing and recording applications
pertaining to development applications or activity within the municipal boundaries of the City,
and issuing permits related thereto. The development review fees imposed pursuant to this
Section shall be paid at the time of submittal of any development application, or at the time of
issuance of the permit, as determined by the City Manager and established in the development
review fee schedule.
(2) Development Review Fee Schedule . The amount of the City's various development review
fees shall be established by the City Manager, and shall be based on the actual expenses
incurred by or on behalf of the City. The schedule of fees shall be reviewed annually and shall
be adjusted, if necessary, by the City Manager on the basis of actual expenses incurred by the
City to reflect the effects of inflation and other changes in costs. At the discretion of the City
Manager, the schedule may be referred to the City Council for adoption by resolution or
ordinance.
(3) Notwithstanding the foregoing, the City Council may, by ordinance, waive the imposition of any
fee imposed by the provisions of this Chapter for an affordable housing project if the City
Council, in its sole discretion, determines that:
(a) the affordable housing project is intended to house homeless or disabled persons, as such
terms are defined by the Department of Housing and Urban Development, or households
with an annual income that does not exceed thirty (30) percent of the area median income
for the applicable household size in the Fort Collins-Loveland metropolitan statistical area,
as published by the Department of Housing and Urban Development; and
(b) the proposed waiver, if approved by the City Council, will not jeopardize the financial
interests of the City.
Any waiver of fees hereunder must be applied for in accordance with City application requirements
prior to the City's issuance of any certificates of occupancy for the project that is the subject of the
waiver request.
(Ord. No. 90, 1998, 5/19/98; Ord. No. 178, 1998 §3, 10/20/98; Ord. No. 19, 1999 §4, 2/16/99;
Ord. No. 99, 1999 §1, 6/15/99; Ord. No. 165, 1999 §9, 11/16/99; Ord. No. 204, 2001 §3,
12/18/01; Ord. No. 037, 2013 §8, 3/19/13; Ord. No. 086, 2014 §3, 7/1/14; Ord. No. 175, 2014 §4,
12/16/14 ; Ord. No. 148, 2017 , §6, 11/21/17)
2.2.4 - Step 4: Review Of Applications
(A) Determination of Sufficiency . After receipt of the development application, the Director shall
determine whether the application is complete and ready for review. The determination of sufficiency
shall not be based upon the perceived merits of the development proposal.
(B) Processing of Incomplete Applications . Except as provided below, if a submittal is found to be
insufficient, all review of the submittal will be held in abeyance until the Director receives the
necessary material to determine that the submittal is sufficient. The development application shall
not be reviewed on its merits by the decision maker until it is determined sufficient by the Director.
Notwithstanding the foregoing, if an application has been determined to be incomplete because the
information provided to the Director shows that a portion of the property to be developed under the
application is not yet under the ownership and control of the applicant or developer, the Director may
nonetheless authorize the review of such application and the presentation of the same to the
decision maker, as long as:
(1) the applicant, at the time of application, has ownership of, or the legal right to use and control,
the majority of the property to be developed under the application;
(2) the Director determines that it would not be detrimental to the public interest to accept the
application for review and consideration by the decision maker; and
(3) the applicant and developer enter into an agreement satisfactory in form and substance to the
City Manager, upon consultation with the City Attorney, which provides that:
(a) until such time as the applicant has acquired full ownership and control of all property to
be developed under the application, neither the applicant nor the developer will record, or
cause to be recorded, in the office of the Larimer County Clerk and Recorder any
document related to the City's review and approval of the application; and
(b) the applicant will indemnify and hold harmless the City and its officers, agents and assigns
from any and all claims that may be asserted against them by any third party, claiming
injury or loss of any kind whatsoever that are in any way related to, or arise from, the City's
processing of the application.
The denial of an incomplete application that has been allowed to proceed to the decision maker
under the provisions of this Section shall not cause a post denial re-submittal delay under the
provisions of Paragraph 2.2.11(D)(9) for property that was not owned by the applicant or within the
applicant's legal right to use and control at the time of denial of the application.
(Ord. No. 149, 2012 §1, 12/18/12)
2.2.5 - Step 5: Staff Report
Within a reasonable time after determining that a development application is sufficient, the Director shall
refer the development application to the appropriate review agencies, review the development
application, and prepare a Staff Report. The Staff Report shall be made available for inspection and
copying by the applicant and the public prior to the scheduled public hearing on the development
application. The Staff Report shall indicate whether, in the opinion of the Staff, the development
application complies with all applicable standards of this Code. Conditions for approval may also be
recommended to eliminate any areas of noncompliance or mitigate any adverse effects of the
development proposal.
2.2.6 - Step 6: Notice
(A) Mailed Notice . The Director shall mail written notice to the owners of record of all real property
within eight hundred (800) feet (exclusive of public rights-of-way, public facilities, parks or public
open space) of the property lines of the parcel of land for which the development is planned. Owners
of record shall be ascertained according to the records of the Larimer County Assessor's Office,
unless more current information is made available in writing to the Director prior to the mailing of the
notices. If the development project is of a type described in the Supplemental Notice Requirements
of subsection 2.2.6(D), then the area of notification shall conform to the expanded notice
requirements of that Section. In addition, the Director may further expand the notification area.
Formally designated representatives of bona fide neighborhood groups and organizations and
homeowners' associations within the area of notification shall also receive written notice. Such
written notices shall be mailed at least fourteen (14) days prior to the public hearing/meeting date.
The Director shall provide the applicant with a map delineating the required area of notification,
which area may be extended by the Director to the nearest streets or other distinctive physical
features which would create a practical and rational boundary for the area of notification. The
applicant shall pay postage and handling costs as established in the development review schedule.
(B) Posted Notice . The real property proposed to be developed shall also be posted with a sign,
giving notice to the general public of the proposed development. For parcels of land exceeding ten
(10) acres in size, two (2) signs shall be posted. The size of the sign(s) required to be posted shall
be as established in the Supplemental Notice Requirements of subsection 2.2.6(D). Such signs shall
be provided by the Director and shall be posted on the subject property in a manner and at a location
or locations reasonably calculated by the Director to afford the best notice to the public, which
posting shall occur within fourteen (14) days following submittal of a development application to the
Director.
(C) Published Notice . Notice of the time, date and place of the public hearing/ meeting on the
development application and the subject matter of the hearing shall be published in a newspaper of
general circulation within the City at least seven (7) days prior to such hearing/meeting.
(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 thousand (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, publication of a notice not less than
seven (7) days prior to the meeting in a
newspaper of general circulation in the City.
12
square
feet
Off-site construction staging 500 feet
12
square
feet
Zonings and rezonings of forty (40) acres or
less.
(40) acres. feet
(E) The following shall not affect the validity of any hearing, meeting or determination by the decision
maker:
(1) The fact that written notice was not mailed as required under the provision of this Section.
(2) The fact that written notice, mailed as required under the provision of this Section, was not
actually received by one (1) or more of the intended recipients.
(3) The fact that signage, posted in compliance with the provision of this Section, was
subsequently damaged, stolen or removed either by natural causes or by persons other than
the person responsible for posting such signage or his or her agents.
(Ord. No. 204, 2001 §§4, 5, 12/18/01; Ord. No. 104, 2006 §§1, 2, 7/18/06; Ord. No. 068, 2010
§2, 7/6/10; Ord. No. 051, 2012 §4, 7/17/12; Ord. No. 086, 2014 §§4, 5, 7/1/14; Ord. No. 129, 2017
, § 2, 10/3/17)
2.2.7 - Step 7: Public Hearing
(A) Decision maker .
(1) Administrative Review (Type 1 review). An administrative review process is hereby established
wherein certain development applications shall be processed, reviewed, considered and
approved, approved with conditions, or denied by the Director pursuant to the general
procedural requirements contained in Division 2.1, and the common development review
procedures contained in Division 2.2. For those development applications that are subject to
administrative review, the Director shall be the designated decision maker.
(2) Planning and Zoning Board Review (Type 2 review). A Planning and Zoning Board review
process is hereby established wherein certain development applications shall be processed,
reviewed, considered and approved, approved with conditions, or denied by the Planning and
Zoning Board pursuant to the general procedural requirements contained in Division 2.1, and
the common development review procedures contained in Division 2.2. For those development
applications that are subject to Planning and Zoning Board review, the Planning and Zoning
Board shall be the designated decision maker.
(B) Conduct of Public Hearing .
(1) Rights of All Persons. Any person may appear at a public hearing and submit evidence, either
individually or as a representative of a person or an organization. Each person who appears at
a public hearing shall state his or her name, address and, if appearing on behalf of a person or
organization, the name and mailing address of the person or organization being represented.
(2) Exclusion of Testimony. The decision maker conducting the public hearing may exclude
testimony or evidence that it finds to be irrelevant, immaterial or unduly repetitious.
(3) Continuance of Public Hearing. The decision maker conducting the public hearing may, on its
own motion or at the request of any person, continue the public hearing to a fixed date, time and
place. All continuances shall be granted at the discretion of the body conducting the public
hearing.
(C) Order of Proceedings at Public Hearing. The order of the proceedings at the public hearing shall
be as follows:
(1) Director Overview . The Director shall provide an overview of the development application.
(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 Code prior to
approval of the development application.
(4) 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.
(5) Public Testimony. Members of the public may comment on the application and present
evidence, subject to the determination of the Chair as to relevance.
(6) Applicant Response. The applicant may respond to any testimony or evidence presented by
the public.
(7) 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.
(D) Decision and Findings .
(1) Decision — Administrative Review (Type 1 review). After consideration of the development
application, the Staff Report and the evidence from the public hearing, the Director shall close
the public hearing. Within ten (10) working days following the public hearing, the Director shall
issue a written decision to approve, approve with conditions, or deny the development
application based on its compliance with the Standards referenced in Step 8 of the Common
Development Review Procedures (Section 2.2.8). The written decision shall be mailed to the
applicant and any person who provided testimony at the public hearing.
(2) Decision — Planning and Zoning Board Review (Type 2 review). After consideration of the
development application, the Staff Report and the evidence from the public hearing, the Chair of
the Planning and Zoning Board shall close the public hearing and the Board shall approve,
approve with conditions, or deny the development application based on its compliance with the
Standards referenced in Step 8 of the Common Development Review Procedures (Section
2.2.8).
(3) Findings. All decisions shall include at least the following elements:
(a) A clear statement of approval, approval with conditions, or denial, whichever is
appropriate.
(b) A clear statement of the basis upon which the decision was made, including specific
findings of fact with specific reference to the relevant standards set forth in this Code.
(E) Notification to Applicant.
Notification of the decision maker's decision shall be provided by the Director to the applicant by mail
within three (3) days after the decision. A copy of the decision shall also be made available to the
public at the offices of the Director, during normal business hours, within three (3) days after the
decision.
(F) Record of Proceedings.
(1) Recording of Public Hearing. The decision maker conducting the public hearing shall record the
public hearing by any appropriate means. A copy of the public hearing record may be acquired
by any person upon application to the Director, and payment of a fee to cover the cost of
duplication of the record.
(2) The Record. The record shall consist of the following:
(a) all exhibits, including, without limitation, all writings, drawings, maps, charts, graphs,
photographs and other tangible items received or viewed by the decision maker at the
proceedings;
(b) all minutes of the proceedings;
(c) if appealed to the City Council, a verbatim transcript of the proceedings before the
decision maker. The cost of the transcript shall be borne by the City.
(d) if available, a videotape recording of the proceedings before the decision maker.
(G) Recording of Decisions and Plats.
(1) Filing with City Clerk . Once approved, and after the appeal period has expired (if applicable),
the decision of the decision maker shall be filed with the City Clerk.
(2) Final Plats and Development Agreements Recorded with County Clerk and Recorder . Once
the final utility plans, final plat and all other applicable Final Development Plan Documents are
approved and the development agreement has been executed, the final plan has been
approved, and any applicable conditions of final plan approval have been met, and after the
appeal period has expired, the final plat and Development Agreement shall be recorded by the
City in the Office of the Larimer County Clerk and Recorder and shall be filed with the City
Clerk. The date that the recording with the Larimer County Clerk and Recorder of both the Final
Plat and the Development Agreement is accomplished by the City shall establish the date of
approval under Section 2.2.11(D)((1) of this Land Use Code.
(Ord. No. 59, 2000 §4, 6/6/00; Ord. No. 070, 2005 §1, 7/5/05; Ord. No. 120, 2011 §4, 9/20/2011;
Ord. No. 092, 2013 §2, 7/16/13; Ord. No. 175, 2014 §5, 12/16/14 )
2.2.8 - Step 8: Standards
To approve a development application, the decision maker must first determine and find that the
development application has satisfied and followed the applicable requirements of this Article 2 and
complies with all of the standards required for the applicable development application (see Step 8:
"Standards" referenced in Divisions 2.3 through 2.11), as modified by any modification of standards
approved under Section 2.8.
(Ord. No. 177, 1998 §4, 10/20/98)
2.2.9 - Step 9: Conditions of Approval
The decision maker may impose such conditions on approval of the development application as are
necessary to accomplish the purposes and intent of this Code, or such conditions that have a reasonable
nexus to potential impacts of the proposed development, and that are roughly proportional, both in nature
and extent, to the impacts of the proposed development.
2.2.10 - Step 10: Amendments and Changes of Use
(A) Minor Amendments and Changes of Use. (1) Minor amendments to any approved development
plan, including any Overall Development Plan, Project Development Plan, or PUD Master Plan, any
site specific development plan, or the existing condition of a platted property; and (2) Changes of
use, either of which meet the applicable criteria of below subsections 2.2.10(A)(1) or 2.2.10(A)(2),
may be approved, approved with conditions, or denied administratively by the Director and may be
authorized without additional public hearings. With the exception of PUD Master Plans, such minor
amendments and changes of use may be authorized by the Director as long as the development
plan, as so amended, continues to comply with the standards of this Code to the extent reasonably
feasible. PUD Master Plan Minor amendments may be authorized by the Director as long as the
PUD Master Plan, as so amended, continues to comply with the standards of this Code, as such
standards may have been modified in the existing PUD Master Plan, and so long as the
amendments are consistent with the existing PUD Master Plan. Minor amendments and changes of
use shall only consist of any or all of the following:
(1) Any change to any approved development plan or any site specific development plan which
was originally subject only to administrative review and was approved by the Director, or any
change of use of any property that was developed pursuant to a basic development review or a
use-by-right review under prior law; provided that such change would not have disqualified the
original plan from administrative review had it been requested at that time; and provided that the
change or change of use complies with all of the following criteria applicable to the particular
request for change or change of use:
(a) Results in an increase by one (1) percent or less in the approved number of dwelling units,
except that 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 number of dwelling
units proposed to be added may be four (4) units or less;
(b) Results in an increase or decrease in the amount of square footage of a nonresidential
land use or structure that does not change the character of the project;
(c) Results in a change in the housing mix or use mix ratio that complies with the
requirements of the zone district and does not change the character of the project;
(d) Does not result in a change in the character of the development;
(e) Does not result in new buildings, building additions or site improvements, such as parking
lots and landscaping, that are proposed to be located outside the boundaries of the
approved Project Development Plan or approved site specific development plan;
(f) Results in a decrease in the number of approved dwelling units and does not change the
character of the project, and that the plan as amended continues to comply with the
requirements of this Code; and
(g) In the case of a change of use, the change of use results in the site being brought into
compliance, to the extent reasonably feasible as such extent may be modified pursuant to
below subsection 2.2.10(A)(3), with the applicable general development standards
contained in Article 3 and the applicable district standards contained in Article 4 of this
Code.
(2) Any change to any approved development plan or any site specific development plan which
was originally subject to review by the Planning and Zoning Board (either as a Type 2 project or
as a project reviewed by the Planning and Zoning Board under prior law) or City Council review
of a PUD Overlay, or any change of use of any property that was approved by the Planning and
Zoning Board; provided that the change or change of use complies with all of the following
criteria applicable to the particular request for change or change of use:
(a) Results in an increase or decrease by one (1) percent or less in the approved number of
dwelling units;
(b) Results in an increase or decrease in the amount of square footage of a nonresidential
land use or structure that does not change the character of the project;
(c) Results in a change in the housing mix or use mix ratio that complies with the
requirements of the zone district and does not change the character of the project;
(d) Does not result in a change in the character of the development; and
(e) Does not result in new buildings, building additions or site improvements, such as parking
lots and landscaping, that are proposed to be located outside the boundaries of the
approved Project Development Plan or approved site specific development plan.
(3) Waiver of Development Standards for Changes of Use.
(a) Applicability. The procedure and standards contained in this Section shall apply only to
changes of use reviewed pursuant to Section 2.2.10(A) of this Code.
(b) Purpose. In order for a change of use to be granted pursuant to Section 2.2.10(A), the
change of use must result in the site being brought into compliance with all applicable
general development and zone district standards to the extent reasonably feasible. The
purpose of this Section is to allow certain changes of use that do not comply with all
general development standards to the extent reasonably feasible to be granted pursuant to
Section 2.2.10(A) in order to:
1. Foster the economic feasibility for the use, maintenance and improvement of certain
legally constructed buildings and sites which do not comply with certain Land Use
Code General Development Standards provided that:
a. Existing blight conditions have been ameliorated; and
b. Public and private improvements are made that address essential health and life
safety issues that are present on-site.
2. Encourage the eventual upgrading of nonconforming buildings, uses and sites.
(c) Review by Director. As part of the review conducted pursuant to Section 2.2.10(A) for a
proposed change of use, the Director may waive, or waive with conditions, any of the
development standards set forth in subsection (d) below. In order for the Director to waive,
or waive with conditions, any such development standard, the Director must find that such
waiver or waiver with conditions would not be detrimental to the public good and that each
of the following is satisfied:
1. The site for which the waiver or waiver with conditions is granted satisfies the policies
of the applicable Council adopted subarea, corridor or neighborhood plan within which
the site is located;
2. The proposed use will function without significant adverse impact upon adjacent
properties and the district within which it is located in consideration of the waiver or
waiver with conditions;
3. Existing blight conditions on the site are addressed through site clean-up,
maintenance, screening, landscaping or some combination thereof; and
4. The site design addresses essential health and public safety concerns found on the
site.
(d) Eligible Development Standards. The Director may grant a waiver or waiver with
conditions for the following general development standards:
1. Sections 3.2.1(4), (5) and (6) related to Parking Lot Perimeter and Interior
Landscaping, and connecting walkways.
2. Section 3.2.2(M) Landscaping Coverage.
3. Section 3.2.4 Site Lighting, except compliance with minimum footcandle levels
described in 3.2.4(C).
4. Section 3.2.5 Trash and Recycling Enclosure design.
5. Section 3.3.5 Engineering Design standards related to water quality standard,
including Low Impact Development.
(4) Referral. In either subsection (1) or (2) above, the Director may refer the amendment or change
of use to the decision maker who approved the development plan proposed to be amended.
The referral of minor amendments to development plans or changes of use allowed or approved
under the laws of the City for the development of land prior to the adoption of this Code shall be
processed as required for the land use or uses proposed for the amendment or change of use
as set forth in Article 4 (i.e., Type 1 review or Type 2 review) for the zone district in which the
land is located. The referral of minor amendments or changes of use to project development
plans or final plans approved under this Code shall be reviewed and processed in the same
manner as required for the original development plan for which the amendment or change of
use is sought, and, if so referred, the decision maker's decision shall constitute a final decision,
subject only to appeal as provided for development plans under Division 2.3, 2.4, 2.5, or 2.15 as
applicable, for the minor amendment or change of use. City Council approval of a minor
amendment to a PUD Master Plan shall be by resolution.
(5) Appeals. Appeals of the decision of the Director regarding the approval, approval with
conditions or denial of, a change of use, or a minor amendment of any approved development
plan, site specific development plan, or the existing condition of a platted property, shall be to
the Planning and Zoning Board. Any such appeal shall be taken by filing a notice of appeal of
the final decision with the Director within fourteen (14) days after the action that is the subject of
the appeal. The decision of the Planning and Zoning Board on such appeals shall constitute a
final decision appealable pursuant to Section 2.2.12 (Step 12).
(B) Major Amendments and Changes of Use Not Meeting the Criteria of 2.2.10(A).
(1) Procedure/Criteria. Amendments to any approved development plan, including any Overall
Development Plan, Project Development Plan, or PUD Master Plan, or any site specific
development plan, and changes of use that are not determined by the Director to be minor
amendments or qualifying changes of use under the criteria set forth in subsection (A) above,
shall be deemed major amendments. Major amendments to approved development plans or
site specific development plans approved under the laws of the City for the development of land
prior to the adoption of this Code shall be processed as required for the land use or uses
proposed for the amendment as set forth in Article 4 (i.e., Type 1 review or Type 2 review) for
the zone district in which the land is located, and, to the maximum extent feasible, shall comply
with the applicable standards contained in Articles 3 and 4. Major amendments to development
plans or site specific development plans approved under this Code shall be reviewed and
processed in the same manner as required for the original development plan for which
amendment is sought. Any major amendments to an approved project development plan or site
specific development plan shall be recorded as amendments in accordance with the procedures
established for the filing and recording of such initially approved plan. City Council approval of a
major amendment to a PUD Master Plan shall be by resolution. Any partial or total
abandonment of a development plan or site specific development plan approved under this
Code, or of any plan approved under the laws of the City for the development of land prior to the
adoption of this Code, shall be deemed to be a major amendment, and shall be processed as a
Type 2 review; provided, however, that if a new land use is proposed for the property subject to
the abandonment, then the abandonment and new use shall be processed as required for the
land use or uses proposed as set forth in Article 4 (i.e., Type 1 review or Type 2 review) for the
zone district in which the land is located.
(2) Appeals. Appeals of decisions for approval, approval with conditions or denial of major
amendments, or abandonment, of any approved development plan or site specific development
plan shall be filed and processed in accordance with Section 2.2.12 (Step 12).
(C) Additional Criteria . In addition to the criteria established in (A) and (B) above, the criteria
established in subsection 2.1.4(C) shall guide the decision maker in determining whether to approve,
approve with conditions, or deny the application for partial or total abandonment.
(D) Parkway Landscaping Amendments . Amendments to parkway landscaping in any approved
development plan may be approved, approved with conditions or denied administratively by the
Director. No public hearing need be held on an application for a parkway landscaping amendment.
Such amendments may be authorized by the Director as long as the development plan, as so
amended, continues to comply with the Fort Collins Streetscape Standards, Appendix C, Section 6.1
in the Larimer County Urban Area Street Standards. Appeals of the decision of the Director
regarding the approval, approval with conditions or denial of parkway landscaping amendments of
any approved development plan shall be made in accordance with paragraph (A)(4) of this Section.
(Ord. No. 90, 1998, 5/19/98; Ord. No. 228, 1998 §§3, 4, 12/15/98; Ord. No. 99, 1999 §3,
6/15/99; Ord. No. 59, 2000 §5, 6/6/00; Ord. No. 183, 2000 §§3—6, 12/19/00; Ord. No. 107,
2001 §§3, 4, 6/19/01; Ord. No. 204, 2001 §§1, 6, 12/18/01; Ord. No. 177, 2002 §3, 12/17/02;
Ord. No. 104, 2006 §3, 7/18/06; Ord. No. 061, 5/7/13; Ord. No. 092, 2013 §3, 7/16/13; Ord. No.
086, 2014 §§6—8, 7/1/14; Ord. No. 155, 2015 §3, 12/15/15 ; Ord. No. 059, 2017 , § 4, 5/2/17; Ord.
No. 091, 2018 , §7, 7/17/18)
2.2.11 - Step 11: Lapse
(A) Application Submittals. An application submitted to the City for the review and approval of a
development plan must be diligently pursued and processed by the applicant. Accordingly, the
applicant, within one hundred eighty (180) days of receipt of written comments and notice to respond
from the City on any submittal (or subsequent revision to a submittal) of an application for approval
of a development plan, shall file such additional or revised submittal documents as are necessary to
address such comments from the City. If the additional submittal information or revised submittal is
not filed within said period of time, the development application shall automatically lapse and
become null and void. The Director may grant one (1) extension of the foregoing one-hundred-
eighty-day requirement, which extension may not exceed one hundred twenty (120) days in length,
and one (1) additional extension which may not exceed sixty (60) days in length. This subsection (A)
shall apply to applications which are, or have been, filed pursuant to this Code and to applications
which are, or have been, filed pursuant to the laws of the City for the development of land prior to the
adoption of this Code. On transfer of ownership of any real property that is the subject of a pending
application, whether in whole or in part, such transfer shall bar a new owner or transferee from taking
further action on such application unless, prior to taking any action, the new owner provides
evidence satisfactory to the Director that the transferor of such property intended that all rights of the
owner under the pending application be assigned to the transferee.
(B) Overall Development Plan. There is no time limit for action on an overall development plan.
Because an overall development plan is only conceptual in nature, no vested rights shall ever attach
to an overall development plan. The approval of, or completion of work pursuant to, project
development plans or final plans for portions of an overall development plan shall not create vested
rights for those portions of the overall development plan which have not received such approvals and
have not been completed.
(C) PUD Master Plan. A PUD Master Plan shall be eligible for a vested property right solely with
respect to uses, densities, development standards, and Engineering Standards for which variances
have been granted pursuant to Section 4.29(L), as all are set forth in an approved PUD Master Plan,
and an approved PUD Master Plan shall be considered a site specific development plan solely for
the purpose of acquiring such vested property right.
(1) Specification of Uses, Densities, Development Standards, and Engineering Standards. The
application for a PUD Master Plan shall specify the uses, densities, development standards,
and Engineering Standards granted variances pursuant to Section 4.29(L), for which the
applicant is requesting a vested property right. Such uses, densities, and development
standards may include those granted modifications pursuant to Section 4.29 and uses,
densities, and development standards set forth in the Land Use Code which are applicable to
the PUD Master Plan.
(2) Term of Vested Right . The term of the vested property right shall not exceed three (3) years
unless: (a) an extension is granted pursuant to paragraph (3) 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 may be entered into by the City if the
Director determines that it will likely take more than three (3) years to complete all phases of the
development and the associated engineering improvements for the development, and only if
warranted in light of all relevant circumstances, including, but not limited to, the overall size of
the development and economic cycles and market conditions. Council shall adopt any such
development agreement as a legislative act subject to referendum.
(3) Extensions . Extensions for two (2) successive periods of one (1) year each may be granted by
the Director, upon a finding that (a) the applicant has been diligently pursuing development
pursuant to the PUD Master Plan, and (b) granting the extension would not be detrimental to the
public good. Any additional one-year extensions shall be approved, if at all, only by the original
PUD Master Plan decision maker, upon a finding that (a) the applicant has been diligently
pursuing development pursuant to the PUD Master Plan, and (b) granting the extension would
not be detrimental to the public good. A request for an extension of the term of vested right
under this Section must be submitted to the Director in writing at least thirty (30) days prior to
the date of expiration. Time is of the essence. The granting of extensions by the Director under
this Section may, at the discretion of the Director, be referred to the original PUD Master Plan
decision maker.
(4) Publication . A "notice of approval" describing the PUD Master Plan and stating that a vested
property right has been created or extended, shall be published by the City once in a
newspaper of general circulation within the City, not later than fourteen (14) days after the
approval of a PUD Master Plan, an extension of an existing vested right, or the legislative
adoption of a development agreement as described in paragraph (2) of this subsection. 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.
(5) Minor and Major Amendments. In the event that a minor or major amendment to a PUD Master
Plan is approved under the provisions of Section 2.2.10, and such amendment alters or adds
uses, densities, development standards, or Engineering Standards for which variances have
been granted pursuant to Section 4.29(L), a new vested property right may be created upon the
applicant's request and pursuant to paragraph 2 of this subsection. If the applicant wants the
term of the new vested property right to exceed three (3) years, such extended term must be
approved and legislatively adopted pursuant to paragraph 2 of this subsection.
(D) Project Development Plan and Plat. Following the approval of a project development plan and
upon the expiration of any right of appeal, or upon the final decision of the City Council following
appeal, if applicable, the applicant must submit a final plan for all or part of the project development
plan within three (3) years unless the project development plan is for a large base industry to be
constructed in phases, in which case the application for approval of a final plan must be submitted
within twenty-five (25) years. If such approval is not timely obtained, the project development plan (or
any portion thereof which has not received final approval) shall automatically lapse and become null
and void. The Director may grant one (1) extension of the foregoing requirement, which extension
may not exceed six (6) months in length. No vested rights shall ever attach to a project development
plan. The approval of, or completion of work pursuant to, a final plan for portions of a project
development plan shall not create vested rights for those portions of the project development plan
which have not received such final plan approval and have not been completed.
(E) Final Plan and Plat and Other Site Specific Development Plans .
(1) Approval. A site specific development plan shall be deemed approved upon the recording by
the City with the Larimer County Clerk and Recorder of both the Final Plat and the Development
Agreement and upon such recording, a vested property right shall be created pursuant to the
provisions of Article 68 Title 24, C.R.S., and this Section 2.2.11.
(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 approval of any final plan or other site specific development plan 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.
(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 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 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 such engineering
improvements 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 Code. All dedications as contained on the final plat shall remain
valid unless vacated in accordance with law.
(4) Extensions . Extensions for two (2) successive periods of one (1) year each may be granted by
the Director, upon a finding that the plan complies with all general development standards as
contained in Article 3 and Zone District Standards as contained in Article 4 at the time of the
application for the extension. Any additional one-year extensions shall be approved, if at all,
only by the Planning and Zoning Board, upon a finding that the plan complies with all applicable
general development standards as contained in Article 3 and Zone District Standards as
contained in Article 4 at the time of the application for the extension, and that (a) the applicant
has been diligent in constructing the engineering improvements required pursuant to paragraph
(3) above, though such improvements have not been fully constructed, or (b) due to other
extraordinary and exceptional situations unique to the property, completing all engineering
improvements would result in unusual and exceptional practical difficulties or undue hardship
upon the applicant, and granting the extension would not be detrimental to the public good. A
request for an extension of the term of vested right under this Section must be submitted to the
Director in writing at least thirty (30) days prior to the date of expiration. Time is of the essence.
The granting of extensions by the Director under this Section may, at the discretion of the
Director, be referred to the Planning and Zoning Board.
(5) Minor Amendments. In the event that minor amendments to a final plan or other site-specific
development plan are approved under the provisions of Section 2.2.10 (or under prior law, if
permissible), the effective date of such minor amendments, for purposes of duration of a vested
property right, shall be the date of the approval of the original final plan or other site-specific
development plan.
(6) Major Amendments . The approval of major amendments to a final plan or other site-specific
development plan under the provisions of Section 2.2.10 (or under prior law, if permissible),
shall create a new vested property right with effective period and term as provided herein,
unless expressly stated otherwise in the decision approving such major amendment.
(7) Planning over old plans . In the event that a new final plan is approved for a parcel of property
which includes all of a previously approved site-specific development plan, the approval of such
new final plan shall cause the automatic expiration of such previously approved site-specific
development plan. In the event that a new final plan is approved for a parcel of property which
includes only a portion of a previously approved site-specific development plan, the approval of
such new final plan shall be deemed to constitute the abandonment of such portion of the
previously approved plan as is covered by such new plan, and shall be reviewed according to
the abandonment criteria contained in subsection 2.1.4(C) and all other applicable criteria of this
Code.
(8) Other provisions unaffected. Approval of a final plan or other site-specific development plan
shall not constitute an exemption from or waiver of any other provisions of this Code pertaining
to the development and use of property.
(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 new plan includes substantial
changes in land use, residential density and/or nonresidential intensity.
(10) Automatic repeal; waiver . Nothing in this Section is intended to create any vested property
right other than such right as is established pursuant to the provisions of Article 68, Title 24,
C.R.S. In the event of the repeal of said article or a judicial determination that said article is
invalid or unconstitutional , this Section shall be deemed to be repealed and the provisions
hereof no longer effective. Nothing herein shall be construed to prohibit the waiver of a vested
property right pursuant to mutual agreement between the City and the affected landowner.
Upon the recording of any such agreement with the Larimer County Clerk and Recorder, any
property right which might otherwise have been vested shall be deemed to be not vested.
(Ord. No. 90, 1998, 5/19/98; Ord. No. 99, 1999 §4, 6/15/99; Ord. No. 59, 2000 §6, 6/6/00; Ord.
No. 107, 2001 §5, 6/19/01; Ord. No. 173, 2003 §3, 12/16/03; Ord. No. 161, 2005 §3, 12/20/05;
Ord. No. 081, 2007 §3, 7/17/07; Ord. No. 066, 2009 §2, 7/7/09; Ord. No. 068, 2010 §3, 7/6/10;
Ord. No. 120, 2011 §§5, 6, 9/20/2011; Ord. No. 024, 2013 §2, 2/26/13; Ord. No. 040, 2013 ,
3/19/13; Ord. No. 092, 2013 §§4, 5, 7/16/13; Ord. No. 086, 2014 §§9, 10, 7/1/14; Ord. No. 175,
2014 §6, 12/16/14 ; Ord. No. 091, 2018 , §8, 7/17/18)
2.2.12 - Step 12: Appeals/Alternate Review
(A) Appeals. Appeals of any final decision of a decision maker under this Code shall be only in
accordance with Chapter 2, Article II, Division 3 of the City Code, unless otherwise provided in
Divisions 2.3 through 2.11 and 2.16 of this Code.
(B) Alternate Review. Despite the foregoing, if the City is the applicant for a development project, there
shall be no appeal of any final decision regarding such development project to the City Council. In
substitution of an appeal of a development project for which the City is the applicant, the City Council
may, by majority vote, as an exercise of its legislative power and in its sole discretion, overturn or
modify any final decision regarding such project, by ordinance of the City Council. Any
Councilmember may request that the City Council initiate this exercise of legislative power but only if
such request is made in writing to the City Clerk within fourteen (14) days of the date of the final
decision of the Planning and Zoning Board. City Council shall conduct a hearing prior to the adoption
of the ordinance in order to hear public testimony and receive and consider any other public input
received by the City Council (whether at or before the hearing) and shall conduct its hearing in the
manner customarily employed by the Council for the consideration of legislative matters. When
evaluating City projects under alternate review, the City Council may, in its legislative discretion,
consider factors in addition to or in substitution of the standards of this Land Use Code.
(Ord. No. 165, 1999 §10, 11/16/99; Ord. No. 082, 2015 §1, 7/21/15 )
DIVISION 2.3 - OVERALL DEVELOPMENT PLAN
2.3.1 - Purpose and Applicability
The purpose and applicability of an overall development plan is contained in Subsection 2.1.3(B).
2.3.2 - Overall Development Plan Review Procedures
An overall development plan shall be processed according to, in compliance with and subject to the
provisions contained in Division 2.1 and Steps 1 through 12 of the Common Development Review
Procedures (Sections 2.2.1 through 2.2.12, inclusive) as follows:
(A) Step 1 (Conceptual Review): Applicable.
(B) Step 2 (Neighborhood Meeting): Applicable.
(C) Step 3 (Development Application Submittal): All items or documents required for overall
development plans as described in the development application submittal master list shall be
submitted. The Director may waive or modify the foregoing submittal requirements if, given the
facts and circumstances of the specific application, a particular requirement would either be
irrelevant, immaterial, redundant or otherwise unnecessary for the full and complete review of
the application.
(D) Step 4 (Review of Applications): Applicable.
(E) Step 5 (Staff Report): Applicable.
(F) Step 6 (Notice): Applicable.
(G) Step 7(A) (Decision Maker): All overall development plans will be processed as Type 2
reviews.
Step 7(B)—(G) (Conduct of Public Hearing, Order of Proceedings at Public Hearing, Decision
and Findings, Notification to Applicant, Record of Proceedings, Recording of Decisions and
Plats): Applicable.
(H) Step 8 (Standards): Applicable. An overall development plan shall comply with the following
criteria:
(1) The overall development plan shall be consistent with the permitted uses and applicable
zone district standards (Article 4) of all zone districts contained within the boundaries of the
overall development plan. The plan shall also be consistent with any zone district
standards (Article 4) and general development standards (Article 3) that can be applied at
the level of detail required for an overall development plan submittal. Only one (1)
application for an overall development plan for any specific parcel or portion thereof may
be pending for approval at any given time. Such application shall also be subject to the
provisions for delay set out in Section 2.2.11.
(2) The overall development plan shall be consistent with the required density range of
residential uses (including lot sizes and housing types) with regard to any land which is
part of the overall development plan and which is included in the following districts:
(a) The Rural Land District (R-U-L). Section 4.1(D)(1).
(b) The Urban Estate District (U-E). See Section 4.2(D)(1).
(c) The Residential Foothills District (R-F). See Section 4.3(D)(1).
(d) The Low Density Mixed-Use Neighborhood District (L-M-N). See Section 4.5(D)(1).
(e) The Medium Density Mixed-Use Neighborhood District (M-M-N). See Section
4.6(D)(1).
(f) The High Density Mixed-Use Neighborhood District (H-M-N). See Section 4.10(D)(1).
(g) The Community Commercial - North College District (C-C-N). See Section
4.19(D)(1).
(h) The Harmony Corridor District (H-C). See Section 4.26(D)(4).
(i) The Employment District (E). See Section 4.27(D)(5).
(3) The overall development plan shall conform to the Master Street Plan requirements and
the street pattern/connectivity standards both within and adjacent to the boundaries of the
plan as required pursuant to Sections 3.6.1 and 3.6.3(A) through (F). The overall
development plan shall identify appropriate transportation improvements to be constructed
and shall demonstrate how the development, when fully constructed, will conform to the
Transportation Level of Service Requirements as contained in Section 3.6.4 by submittal of
a Master Level Transportation Impact Study.
(4) The overall development plan shall provide for the location of transportation connections
to adjoining properties in such manner as to ensure connectivity into and through the
overall development plan site from neighboring properties for vehicular, pedestrian and
bicycle movement, as required pursuant to Section 3.6.3(F) and Section 3.2.2(C)(6).
(5) The overall development plan shall show the general location and approximate size of all
natural areas, habitats and features within its boundaries and shall indicate the applicant's
proposed rough estimate of the natural area buffer zones as required pursuant to Section
3.4.1(E).
(6) The overall development plan shall be consistent with the appropriate Drainage Basin
Master Plan.
(7) Any standards relating to housing density and mix of uses will be applied over the entire
overall development plan, not on each individual project development plan review.
(I) Step 9 (Conditions of Approval): Applicable.
(J) Step 10 (Amendments): Applicable.
(K) Step 11 (Lapse): Applicable.
(L) Step 12 (Appeals): Applicable.
(Ord. No. 228, 1998 §§5, 6, 12/15/98; Ord. No. 41, 1999 §1, 3/16/99; Ord. No. 99, 1999 §5,
6/15/99; Ord. No. 107, 2001 §§6, 7, 6/19/01; Ord. No. 173, 2003 §§4, 5, 12/16/03; Ord. No. 131,
2006 §§3—5, 9/19/06; Ord. No. 120, 2011 §7, 9/20/2011; Ord. No. 086, 2014 §§11, 12, 7/1/14)
DIVISION 2.4 - PROJECT DEVELOPMENT PLAN
2.4.1 - Purpose and Applicability
The purpose and applicability of a project development plan is contained in Section 2.1.3(C).
2.4.2 - Project Development Plan Review Procedures
A project development plan shall be processed according to, in compliance with and subject to the
provisions contained in Division 2.1 and Steps 1 through 12 of the Common Development Review
Procedures (Sections 2.2.1 through 2.2.12, inclusive) as follows:
(A) Step 1 (Conceptual Review): Applicable, only if the project development plan is not subject to
an overall development plan.
(B) Step 2 (Neighborhood Meeting): Applicable.
(C) Step 3 (Development Application Submittal): All items or documents required for project
development plans as described in the development application submittal master list shall be
submitted. The Director may waive or modify the foregoing submittal requirements if, given the
facts and circumstances of the specific application, a particular requirement would either be
irrelevant, immaterial, redundant or otherwise unnecessary for the full and complete review of
the application.
(D) Step 4 (Review of Applications): Applicable.
(E) Step 5 (Staff Report): Applicable.
(F) Step 6 (Notice): Applicable.
(G) Step 7(A) (Decision Maker): Applicable as follows:
(1) Administrative review (Type 1 review) applies to a project development plan that satisfies
all of the following conditions:
(a) it was submitted after the effective date of this Land Use Code and is subject to the
provisions of this Land Use Code; and
(b) it contains only permitted uses subject to administrative review as listed in the zone
district (set forth in Article 4, District Standards) in which it is located.
(2) Planning and Zoning Board review (Type 2 review) applies to a project development plan
that does not satisfy all of the conditions in (1), above.
Step 7(B)-(G) (Conduct of Public Hearing, Order of Proceedings at Public Hearing,
Decision and Findings, Notification to Applicant, Record of Proceedings, Recording of
Decisions and Plats): Applicable.
(H) Step 8 (Standards): Applicable. A project development plan shall comply with all General
Development Standards applicable to the development proposal (Article 3) and the applicable
District Standards (Article 4); and, when a project development plan is within the boundaries of
an approved overall development plan or PUD Overlay, the project development plan shall be
consistent with the overall development plan or PUD Master Plan associated with such PUD
Overlay. Only one (1) application for a project development plan for any specific parcel or
portion thereof may be pending for approval at any given time. Such application shall also be
subject to the provisions for delay set out in Section 2.2.11.
(I) Step 9 (Conditions of Approval): Applicable.
(J) Step 10 (Amendments): Applicable.
(K) Step 11 (Lapse): Applicable.
(L) Step 12 (Appeals): Applicable.
(Ord. No. 192, 2006 §1, 12/19/06; Ord. No. 120, 2011 §8, 9/20/2011; Ord. No. 086, 2014 §13,
7/1/14; Ord. No. 091, 2018 , §9, 7/17/18)
DIVISION 2.5 - FINAL PLAN
2.5.1 - Purpose and Applicability
The purpose and applicability of a final plan is contained in Section 2.1.3(D).
2.5.2 - Final Plan Review Procedures
A final plan may only be submitted after approval of a project development plan for the subject property or
concurrently with a project development plan for the subject property. For consolidated applications for a
project development plan and a final plan, the applicant shall follow both the project development plan
and final development plan review procedures.
A final plan shall be processed according to, in compliance with and subject to the provisions contained in
Division 2.1 and Steps 1 through 12 of the Common Development Review Procedures (Sections 2.2.1
through 2.2.12, inclusive) as follows:
(A) Step 1 (Conceptual Review): Not applicable.
(B) Step 2 (Neighborhood Meeting): Not applicable.
(C) Step 3 (Development Application Submittal): All items or documents required for final plans as
described in the development application submittal master list shall be submitted. The Director
may waive or modify the foregoing submittal requirements if, given the facts and circumstances
of the specific application, a particular requirement would either be irrelevant, immaterial,
redundant or otherwise unnecessary for the full and complete review of the application.
(D) Step 4 (Review of Applications): Applicable.
(E) Step 5 (Staff Report): Not applicable.
(F) Step 6 (Notice): Not applicable.
(G) Step 7(A)—(C) (Decision Maker, Conduct of Public Hearing, Order of Proceeding at Public
Hearing): Not applicable, and in substitution therefor, the Director is hereby authorized to, and
shall, review, consider and approve, approve with conditions or deny the development
application for a final plan based on its consistency with a valid project development plan for the
subject property and its compliance with all of the standards established in Step 8 of this
Section. The Director may, but is not obligated to, confer or meet with the applicant or other city
staff to obtain clarification or explanation, gain understanding, suggest revision, or otherwise
discuss or learn about the development proposal and final plan, all for the purpose of ensuring a
fully consistent and compliant final plan.
Step 7(D) (Decision and Findings): Not applicable, except that Step 7(D)(3) shall apply.
Step 7(E) (Notification to Applicant): Applicable.
Step 7(F) (Record of Proceedings): Not applicable, except that Step 7(F)(2) shall apply.
Step 7(G) (Recording of Decisions and Plats): Applicable.
(H) Step 8 (Standards): Applicable. A final plan shall comply with the General Development
Standards applicable to the development proposal (Article 3) and the applicable District
Standards (Article 4); and a final plan shall be consistent with the project development plan.
(I) Step 9 (Conditions of Approval): Applicable.
(J) Step 10 (Amendments): Applicable.
(K) Step 11 (Lapse): Applicable.
(L) Step 12 (Appeals): Not applicable. The Director's decision shall be final and no appeals of the
Director's decision will be allowed; however, the Director may refer the decision to the Planning
and Zoning Board when the Director is in doubt as to the compliance and consistency of the
final plan with the approved project development plan. If the Director refers the decision to the
Planning and Zoning Board, the decision of the Planning and Zoning Board shall be final and
shall not be appealable to the City Council, notwithstanding any provision of the City Code to
the contrary.
(Ord. No. 086, 2014 §14, 7/1/14)
DIVISION 2.6 - STOCKPILING PERMITS AND DEVELOPMENT CONSTRUCTION PERMITS
2.6.1 - Purpose
(A) A stockpiling permit is required in order to regulate the placement of fill dirt on properties not
covered by a site specific development plan, to protect against adverse impacts to floodplains,
drainage systems, natural areas, wildlife habitat, wetlands or other areas of public interest, and to
assure that public nuisances will not be created by the stockpiling activities.
(B) A Development Construction Permit is required in order to coordinate the transition from completion
of the development review process to the construction process.
(Ord. No. 177, 1998 §1, 10/20/98; Ord. No. 59, 2000 §7, 6/6/00)
2.6.2 - Applicability
(A) A stockpiling permit shall be required for stockpiling soil or similar inorganic material upon property
that is not subject to the provisions of a valid development construction permit.
(B) A Development Construction Permit shall be required for all development that is required to
construct public infrastructure improvements that, upon completion, will be owned or maintained by
the City.
(Ord. No. 177, 1998 §1, 10/20/98; Ord. No. 59, 2000 §7, 6/6/00; Ord. No. 183, 2000 §7,
12/19/00; Ord. No. 051, 2012 §5, 7/17/12)
2.6.3 - Stockpiling Permit and Development Construction Permit Review Procedures
An application for a Stockpiling Permit or a Development Construction Permit shall be processed
according to, in compliance with and subject to the provisions contained in Division 2.1 and Steps (1)
through (12) of the Common Development Review Procedures (Sections 2.2.1 through 2.2.12, inclusive),
as follows:
(A) Step 1 (Conceptual Review): Not applicable.
(B) Step 2 (Neighborhood Meeting): Not applicable.
(C) Step 3(A) (Development Application Forms): Not applicable, and in substitution therefor, all
applications for Stockpiling Permits or Development Construction Permits shall be in a form
established by the City Engineer and made available to the public.
Step 3(B) (Consolidated Development Applications and Review): Not applicable.
Step 3(C) (Development Application Contents): Applicable.
Step 3(D) (Submittal Hearing Date Schedule): Not applicable.
Step 3(E) (Development Review Fees - Stockpiling Permit): Applicable.
Step 3(E) (Development Review Fees - Development Construction Permit): Not applicable, and
in substitution therefor, the applicant for a Development Construction Permit shall remit to the
City an application fee and a construction inspection fee in the amounts as are authorized to be
established pursuant to Chapter 7.5, Article I of the City Code.
(D) Step 4 (Review of Applications): Applicable except that the term "City Engineer" shall be
substituted for the term "Director."
(E) Step 5 (Staff Report): Not applicable.
(F) Step 6 (Notice): Not applicable.
(G) Step 7 (Public Hearing - Stockpiling Permit): Not applicable, and in substitution therefor, an
application for a Stockpiling Permit shall be processed, reviewed, considered and approved,
approved with modifications or denied by the City Engineer based on its compliance with the
City Code and all regulations related to such permit adopted by the City by reference or
otherwise, as amended, including, without limitation, the erosion control standards as contained
in the Stormwater Design Criteria and Construction Standards Manual.
Step 7 (Public Hearing - Development Construction Permit): Not applicable, and in substitution
therefor, an application for a Development Construction Permit shall be processed, reviewed,
considered and approved, approved with modifications or denied by the City Engineer based on
its compliance with the Site Specific Development Plan, the City Code and all regulations
related to such permit adopted by the City by reference or otherwise, as amended.
(H) Step 8 (Standards - Stockpiling Permit): Not applicable, and in substitution therefor, an
application for a Stockpiling Permit shall be reviewed for compliance with the City Code and all
regulations related to such permit adopted by the city by reference or otherwise, as amended,
including, without limitation, the erosion control standards as contained in the Stormwater
Criteria Manual and the dust control measures contained in the Dust Control Manual to the
extent required therein.
Step 8 (Standards - Development Construction Permit): Not applicable, and in substitution
therefor, an application for a Development Construction Permit shall be reviewed for compliance
with the Site Specific Development Plan, the City Code and all regulations related to such
permit adopted by the city by reference or otherwise as amended, including, without limitation,
the erosion control standards as contained in the Stormwater Criterial Manual and the dust
control measures contained in the Dust Control Manual to the extent required therein.
(I) Step 9 (Conditions of Approval): Applicable.
(J) Step 10 (Amendments): Not applicable, and in substitution therefor, amendments to Stockpiling
Permits or Development Construction Permits may be authorized by the City Engineer only as
allowed under the Stockpiling Permit or Development Construction Permit regulations adopted
by the city by reference or otherwise, as amended, provided that the amended Stockpiling
Permit or Development Construction Permit remains in compliance with the applicable
standards.
(K) Step 11 (Lapse - Stockpiling Permits): Not applicable, and in substitution therefor, a
Stockpiling Permit shall be subject to the following lapse and extension provisions:
(1) Term of permit . All Stockpiling Permit activity shall be commenced and completed within
thirty (30) days of issuance of the Stockpiling Permit unless a longer term of permit is
established by the City Engineer upon issuance of the permit.
(2) Extensions . The applicant for a Stockpiling Permit may apply for an extension of the
term of such permit if such application is filed with the City Engineer at least two (2)
working days prior to the permit expiration date. Such application shall contain good and
sufficient reasons as to why an extension is necessary. For good cause shown, the City
Engineer may approve an extension application that has been timely filed; provided,
however, that no extension shall be granted for a term in excess of thirty (30) days, and no
extension shall be granted which, in the judgment of the City Engineer, would be
detrimental to the public health, safety or welfare.
Step 11 (Lapse - Development Construction Permit): Not applicable, and in substitution therefor, a
Development Construction Permit shall be subject to the following lapse and extension provisions:
(1) Prior to commencement of construction . If construction has not commenced within sixty
(60) days from the date of issuance of the Development Construction Permit, such permit
shall expire, and all fees paid therefor shall be forfeited.
(2) Following commencement of construction . If construction has timely commenced, the
Development Construction Permit shall expire upon the passage of one (1) year from the
date of issuance thereof.
(3) Extensions . The applicant for a Development Construction Permit may apply for an
extension of the term of such permit if such application is filed with the City Engineer at
least two (2) weeks prior to the permit expiration date. Such application shall contain good
and sufficient reasons as to why an extension is necessary; and, for good cause shown,
the City Engineer may grant extensions; provided, however, that no extension shall be
granted for a term in excess of six (6) months, and no extension shall be granted which, in
the judgment of the City Engineer, would be detrimental to the public health, safety or
welfare.
(L) Step 12 (Appeals): Not applicable, and in substitution therefor, appeals of any final decision of
the City Engineer on a Stockpiling Permit or a Development Construction Permit application
shall be in accordance with Division 2.11; provided, however, that such appeals may be filed
only by persons who possess a legal or equitable interest in the specific real property which is
the subject of the decision.
(Ord. No. 177, 1998 §1, 10/20/98; Ord. No. 59, 2000 §7, 6/6/00; Ord. No. 086, 2014 §15, 7/1/14;
Ord. No. 045, 2015, §2, 5/3/16 )
DIVISION 2.7 - BUILDING PERMITS
2.7.1 - Purpose
A Building Permit Application is required in order to review, consider, approve, approve with modifications
or deny a request for permission to erect, move, place, alter or demolish a building or structure based on
the standards referenced in step 8 of this section.
(Ord. No. 177, 1998 §1, 10/20/98)
2.7.2 - Applicability
Application for a building permit may be made at any time. a building permit may be issued only after a
site specific development plan has been approved for the property upon which the proposed principal
building or structure is to be erected. the building permit is the only authorization under which a building
or structure may be constructed, moved, placed, altered or demolished, with some exceptions, such as
fences and certain types of storage sheds.
(Ord. No. 177, 1998 §1, 10/20/98)
2.7.3 - Building Permit Review Procedures
An application for a Building Permit shall be processed according to, in compliance with, and subject to
the provisions contained in Division 2.1 and Steps 1 through 12 of the Common Development Review
Procedures (Section 2.2.1 through 2.2.12, inclusive), as follows:
(A) Step 1 (Conceptual Review): Not applicable.
(B) Step 2 (Neighborhood Meeting): Not applicable.
(C) Step 3(A) (Development Application Forms): Applicable.
Step 3(B) (Consolidated Development Applications and Review): Not applicable.
Step 3(C) (Development Application Contents): Not Applicable, and in substitution therefor, an
application for a Building Permit shall be submitted to the Building and Zoning Director for
review and determination. An application for a Building Permit shall include all items, materials
and documents that are required by the adopted International Building Code.
Step 3(D) (Development Review Fees): Applicable.
(D) Step 4 (Review of Applications): Not applicable.
(E) Step 5 (Staff Report): Not applicable.
(F) Step 6 (Notice): Not applicable.
(G) Step 7 (Public Hearing): Not applicable, and in substitution therefor, an application for a
Building Permit shall be processed, reviewed, considered and approved, approved with
modifications, or denied by the Building and Zoning Director based on its compliance with the
site specific development plan, the City Code and all regulations related to such permit adopted
by the city by reference or otherwise, as amended.
(H) Step 8 (Standards): Not applicable, and in substitution therefor, an application for a Building
Permit shall be reviewed for compliance with the site specific development plan, the City Code
and all regulations related to such permit adopted by the city by reference or otherwise, as
amended; and if the Building Permit is for the enlargement of a building and/or for the
expansion of facilities, equipment or structures regulated under the provisions of Division 1.6,
such application shall also comply with Division 1.6.
(I) Step 9 (Conditions of Approval): Applicable.
(J) Step 10 (Amendments): Not applicable, and in substitution therefor, amendments to Building
Permits may be authorized by the Building and Zoning Director only as allowed under the
building regulations adopted by the city by reference or otherwise, as amended, provided that
the amended Building Permit remains in compliance with the applicable standards.
(K) Step 11 (Lapse): Not applicable, and in substitution therefor, a Building Permit shall expire six
(6) months after the date that such Building Permit was issued unless properly acted upon in
accordance with the provisions of the Uniform Building Code, as amended. One (1) six-month
extension may be granted by the Building and Zoning Director.
(L) Step 12 (Appeals): Not applicable, and in substitution therefor, appeals of any final decision of
the Building and Zoning Director on a Building Permit application shall be in accordance with
Division 2.11; provided, however, that such appeals may be filed only by persons who possess
a legal or equitable interest in the specific real property which is the subject of the decision, or
who own or reside on real property any part of which is located within five hundred (500) feet of
the specific real property which is the subject of the decision. Notwithstanding the foregoing,
appeals pertaining to the application and enforcement of the International Building Code (as
adopted and amended by the city) shall be processed in accordance with Section 5-27(1) of the
City Code.
(Ord. No. 90, 1998, 5/19/98; Ord. No. 177, 1998 §1, 10/20/98; Ord. No. 228, 1998 §§7—9,
12/15/98; Ord. No. 049, 2008 §2, 5/20/08; Ord. No. 089, 2014 §§16, 17, 7/1/14; Ord. No. 045,
2015, §3, 5/3/16 )
DIVISION 2.8 - MODIFICATION OF STANDARDS
2.8.1 - Purpose and Applicability
The decision maker is empowered to grant modifications to the General Development Standards
contained in Article 3 and the Land Use Standards and Development Standards contained in Article 4 and
any separation or proximity standards that are established as a specific measurement of distance in the
District Permitted Uses contained in Article 4, either for: (1) overall development plans and/or project
development plans which are pending approval at the time that the request for proposed modification is
filed; (2) overall development plans and/or project development plans which the applicant intends to file,
provided that such plans are in fact filed with the Director as development applications within one (1) year
following the determination of the decision maker on the request for the proposed modification; or (3)
development plans approved under prior law and which are sought to be amended (either as a minor or
major amendment) pursuant to Section 2.2.10. This modification of standards process shall not apply so
as to allow any modification of the requirements contained in Division 4.29 of this Code.
(Ord. No. 90, 1998, 5/19/98; Ord. No. 177, 1998 §1, 10/20/98; Ord. No. 41, 1999 §2, 3/16/99;
Ord. No. 165, 1999 §11, 11/16/99; Ord. No. 173, 2003 §6, 12/16/03; Ord. No. 024, 2013 §3,
2/26/13)
2.8.2 - Modification Review Procedures
A request for modification to the standards shall be processed according to, in compliance with and
subject to the provisions contained in Division 2.1 and Steps 1 through 12 of the Common Development
Review Procedures (Sections 2.2.1 through 2.2.12, inclusive) as set forth below. Once a modification is
approved, it shall be controlling for the successive, timely filed, development applications for that
particular development proposal only to the extent that it modifies the standards pertaining to such plan.
(A) Step 1 (Conceptual Review): Applicable.
(B) Step 2 (Neighborhood Meeting): Not applicable.
(C) Step 3 (Development Application Submittal): All items or documents required for a Modification
of Standards as described in the development application submittal master list shall be
submitted. The Director may waive or modify the foregoing submittal requirements if, given the
facts and circumstances of the specific application, a particular requirement would either be
irrelevant, immaterial, redundant or otherwise unnecessary for the full and complete review of
the application.
(D) Step 4 (Review of Applications): Applicable.
(E) Step 5 (Staff Report): Applicable.
(F) Step 6 (Notice): Section 2.2.6(A), (B) and (C) apply. Section 2.2.6(D) shall not apply.
(G) Step 7(A) (Decision Maker): Applicable, and in explanation thereof and in addition thereto, if
an application for a modification of standards pertains to a development plan which is subject to
administrative review, the Director shall be the designated decision maker, except that, at the
option of the applicant, the application may be considered by the Planning and Zoning Board;
and if an application for a modification of standards pertains to a development plan which is
subject to Planning and Zoning Board review, the Planning and Zoning Board shall be the
designated decision maker. If the application is for a modification of standards pertaining to a
development plan previously approved under prior law or not yet filed, the Director shall
determine whether such development plan would have been, or will be, subject to administrative
review or Planning and Zoning Board review and shall identify the decision maker accordingly.
In all cases, the decision maker shall review, consider and approve, approve with conditions or
deny an application for a modification of standards based on its compliance with all of the
standards contained in Step 8.
Step 7(B)—(G)(1) (Conduct of Public Hearing, Order of Proceedings at Public Hearing,
Decision and Findings, Notification to Applicant, Record of Proceedings, Recording of Decisions
and Plats, Filing with City Clerk): Applicable.
Step 7(G)(2) (Final Plats Recorded with County Clerk and Recorder): Not applicable.
(H) Step 8 (Standards): Applicable, and the decision maker may grant a modification of standards
only if it finds that the granting of the modification would not be detrimental to the public good,
and that:
(1) the plan as submitted will promote the general purpose of the standard for which the
modification is requested equally well or better than would a plan which complies with the
standard for which a modification is requested; or
(2) the granting of a modification from the strict application of any standard would, without
impairing the intent and purpose of this Land Use Code, substantially alleviate an existing,
defined and described problem of city-wide concern or would 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,
and the strict application of such a standard would render the project practically infeasible;
or
(3) by reason of exceptional physical conditions or other extraordinary and exceptional
situations, unique to such property, including, but not limited to, physical conditions such as
exceptional narrowness, shallowness or topography, or physical conditions which hinder
the owner's ability to install a solar energy system, the strict application of the standard
sought to be modified would result in unusual and exceptional practical difficulties, or
exceptional or undue hardship upon the owner of such property, provided that such
difficulties or hardship are not caused by the act or omission of the applicant; or
(4) the plan as submitted will not diverge from the standards of the Land Use Code that are
authorized by this Division to be modified except in a nominal, inconsequential way when
considered from the perspective of the entire development plan, and will continue to
advance the purposes of the Land Use Code as contained in Section 1.2.2.
Any finding made under subparagraph (1), (2), (3) or (4) above shall be supported by specific
findings showing how the plan, as submitted, meets the requirements and criteria of said
subparagraph (1), (2), (3) or (4).
(I) Step 9 (Conditions of Approval): Applicable.
(J) Step 10 (Amendments): Not Applicable.
(K) Step 11 (Lapse): All Modifications of Standards which apply to a pending development plan or
a development plan which is timely filed in accordance with the provisions of Section 2.8.1 shall
be valid in accordance with the lapse provisions contained in Section 2.2.11. All Modifications of
Standards which apply to a development plan which has not been filed in accordance with the
provisions of Section 2.8.1 shall be valid for a period of time not to exceed one (1) year
following the determination of the decision maker on the request for the proposed modification.
(L) Step 12 (Appeal): Applicable.
(Ord. No. 177, 1998 §1, 10/20/98; Ord. No. 41, 1999 §2, 3/16/99; Ord. No. 37, 2000, 4/18/00;
Ord. No. 59, 2000 §8, 6/6/00; Ord. No. 107, 2001 §8, 6/19/01; Ord. No. 173, 2003 §6, 12/16/03;
Ord. No. 091, 2004 §4, 6/15/04; Ord. No. 070, 2005 §§2, 3, 7/5/05; Ord. No. 086, 2014 §18,
7/1/14)
DIVISION 2.9 - AMENDMENT TO TEXT OF CODE AND/OR ZONING MAP
2.9.1 - Purpose
The purpose of this division is to provide requirements for changing the text of this code or the boundaries
of the zone districts shown on the zoning map.
(Ord. No. 177, 1998 §1, 10/20/98)
2.9.2 - Applicability
Any and all amendments to the text of this 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 code or the Zoning Map in accordance
with the provisions of this Division.
(Ord. No. 177, 1998 §1, 10/20/98; Ord. No. 99, 1999 §2, 6/15/99; Ord. No. 107, 2001 §9,
6/19/01; Ord. No. 204, 2001 §7, 12/18/01; Ord. No. 161 §4, 12/20/05; Ord. No. 131, 2006 §5,
9/19/06; Ord. No. 051, 2012 §6, 7/17/12)
2.9.3 - Initiation
(A) Amendment To Zoning Map . An amendment to the Zoning Map may be proposed by the Council,
the Planning And Zoning Board, the Director or the owners of the property to be rezoned.
(B) Text Amendment . An amendment to the text of this Code may be proposed by the Planning and
Zoning Board or the Director.
(Ord. No. 90, 1998, 5/19/98; Ord. No. 177, 1998 §1, 10/20/98; Ord. No. 120, 2008, 10/21/08)
2.9.4 - Text and Map Amendment Review Procedures
An amendment to the text of this 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 through 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. In the event that a protest is
filed under the provisions of Section 31-23-305, C.R.S., any protested zoning change shall not become
effective except by the favorable vote of a simple majority of the Councilmembers present and voting as
provided in Article II, Section 11 of the City Charter. (See Steps 8 and 9 below).
The Planning and Zoning Board processing of the proposed amendment shall be according to, in
compliance with and subject to the provisions contained in Steps 1 through 12 of the Common
Development Review Procedures (Sections 2.2.1 through 2.2.12, inclusive) as follows:
(A) Step 1 (Conceptual Review): Not applicable.
(B) Step 2 (Neighborhood Meeting): Not applicable, except that, with respect to a quasi-judicial
map amendments only, the Director may convene a neighborhood meeting to present and
discuss a proposal of known controversy and/or significant neighborhood impacts.
(C) Step 3 (Development Application Submittal): All items or documents required for amendments
to the text of this Code and/or the Zoning Map as described in the development application
submittal master list shall be submitted. The Director may waive or modify the foregoing
submittal requirements if, given the facts and circumstances of the specific application, a
particular requirement would either be irrelevant, immaterial, redundant or otherwise
unnecessary for the full and complete review of the application.
(D) Step 4 (Review of Applications): Applicable.
(E) Step 5 (Staff Report): Applicable.
(F) Step 6 (Notice):
(1) Text Amendments . Not applicable, and in substitution therefor, notice of the Planning and
Zoning Board hearing shall be given in accordance with Section 2-72 of the City Code.
(However, for text amendments proposed pursuant to subsection 1.3.4(C), subsection
2.2.6(C) shall apply, and in addition the notice shall name the specific proposed new use
[or uses] to be added to the zone district list of permitted uses.)
(2) Zonings or Rezonings of No More Than Six Hundred Forty (640) Acres (Quasi-judicial) .
Subsection 2.2.6(A) shall apply 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. Subsections 2.2.6(B), (C)
and (D) shall apply, and the published notice given pursuant to subsection 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.
(3) Zonings or Rezonings of More Than Six Hundred Forty (640) Acres (Legislative) .
Subsection 2.2.6(C) shall apply. Subsections 2.2.6(A), (B) and (D) shall not apply.
(G) Step 7(A) (Decision Maker): P&Z Review applies.
Step 7(B) (Conduct of Public Hearing): Applicable.
Step 7(C) (Order of Proceedings at Public Hearing): Applicable.
Step 7(D) (Decision and Findings): Applicable, except that the Planning and Zoning Board's
decision shall be in the form of a recommendation, not a decision, to Council. In making its
recommendation, the Planning and Zoning Board shall consider whether the application or
proposal complies with the standards contained in Step 8 of this Section.
Step 7(E) (Notification to Applicant): Not applicable.
Step 7(F) (Record of Proceedings): Applicable.
Step 7(G) (Recording of Decisions and Plats): Not applicable.
(H) Step 8 (Standards): Applicable, as follows:
(1) Text Amendments and Legislative Zonings or Rezonings. Amendments to the text of this
Code, and amendments to the Zoning Map involving the zoning or rezoning of more than
six hundred forty (640) acres of land (legislative rezoning), are matters committed to the
legislative discretion of the City Council, and decisions regarding the same are not
controlled by any one (1) factor.
(2) Mandatory Requirements for Quasi-judicial Zonings or Rezonings. Any amendment to the
Zoning Map involving the zoning or rezoning of six hundred forty (640) acres of land or less
(a quasi-judicial rezoning) shall be recommended for approval by the Planning and Zoning
Board or approved by the City Council only if the proposed amendment is:
(a) consistent with the City's Comprehensive Plan; and/or
(b) warranted by changed conditions within the neighborhood surrounding and including
the subject property.
(3) Additional Considerations for Quasi-Judicial Zonings or Rezonings. In determining
whether to recommend approval of any such proposed amendment, the Planning and
Zoning Board and City Council may consider the following additional factors:
(a) whether and the extent to which the proposed amendment is compatible with existing
and proposed uses surrounding the subject land and is the appropriate zone district
for the land;
(b) whether and the extent to which the proposed amendment would result in
significantly adverse impacts on the natural environment, including, but not limited to,
water, air, noise, stormwater management, wildlife, vegetation, wetlands and the
natural functioning of the environment;
(c) whether and the extent to which the proposed amendment would result in a logical
and orderly development pattern.
(I) Step 9 (Conditions of Approval): Applicable.
(J) Step 10 (Amendments): Not applicable.
(K) Step 11 (Lapse): Not applicable.
(L) Step 12 (Appeals): Not applicable.
(Ord. No. 153, 1997 §1, 10/21/97; Ord. No. 177, 1998 §1, 10/20/98; Ord. No. 228, 1998 §10,
12/15/98; Ord. No. 165, 1999 §12, 11/16/99; Ord. No. 204, 2001 §§8, 9, 12/18/01; Ord. No. 104,
2006 §§4, 5, 7/18/06; Ord. 081, 2007 §4, 7/17/07; Ord. No. 051, 2012 §7, 7/17/12; Ord. No. 086,
2014 §§19, 20, 7/1/14)
DIVISION 2.10 - VARIANCES (BY THE ZONING BOARD OF APPEALS)
2.10.1 - Purpose and Applicability
The purpose of this Division is to authorize, in specific cases, variances from the terms of Articles 3 and 4
or, if applicable, Articles I through IV of the Transitional Land Use Regulations. However, this variance
procedure shall apply only to approved site specific development plans or to properties that were
developed pursuant to a basic development review or use-by-right under prior law and shall only
authorize a variance from the terms of Articles 3 and 4 as provided in this Division. It shall not authorize a
change in use other than to a use that is allowed subject to basic development review. Also, the variance
shall not be used for overall development plans, project development plans or final plans which are
pending approval at the time that the request for the variance is filed. The process to be used for such
pending development applications is the procedure established in Division 2.8 (Modification of
Standards).
(Ord. No. 90, 1998, 5/19/98; Ord. No. 177, 1998 §1, 10/20/98; Ord. No. 107, 2001 §11, 6/19/01;
Ord. No. 204, 2001 §1, 12/18/01)
2.10.2 - Variance Review Procedures
A variance shall be processed according to, in compliance with and subject to the provisions contained in
Division 2.1 and Steps 1 through 12 of the Common Development Review Procedures (Sections 2.2.1
through 2.2.12, inclusive) as follows:
(A) Step 1 (Conceptual Review): Not applicable.
(B) Step 2 (Neighborhood Meeting): Not applicable.
(C) Step 3 (Development Application Submittal): All items or documents required for variances as
described in the development application submittal master list shall be submitted. The Director
may waive or modify the foregoing submittal requirements if, given the facts and circumstances
of the specific application, a particular requirement would either be irrelevant, immaterial,
redundant or otherwise unnecessary for the full and complete review of the application.
(D) Step 4 (Review of Applications): Applicable.
(E) Step 5 (Staff Report): Not applicable.
(F) Step 6 (Notice): Subsection 2.2.6(A) only applies, except that "eight hundred (800) feet" shall
be changed to "one hundred fifty (150) feet," and for single-family houses in the NCL and NCM
zone districts, eight hundred (800) feet shall be changed to five hundred (500) feet for variance
requests for:
(1) Construction that results in a two-story house where a one-story house previously existed
and where there is at least one (1) lot abutting the side of the subject lot and the house on
such abutting lot is one (1) story; or
(2) Construction of a new house that is greater than two thousand five hundred (2,500)
square feet; or
(3) Construction of an addition that results in a total square footage of more than three
thousand (3,000) square feet.
(G) Step 7(A) (Decision Maker): Not applicable, and in substitution for Section 2.2.7(A), the Zoning
Board of Appeals, pursuant to Chapter 2 of the City Code, shall review, consider and approve,
approve with conditions, or deny applications for variance based on its compliance with all of
the standards contained in Step 8.
Step 7(B)—(G)(1) (Conduct of Public Hearing, Order of Proceedings at Public Hearing,
Decision and Findings, Notification to Applicant, Record of Proceedings, Recording of Decisions
and Plats, Filing with City Clerk): Applicable.
Step 7(G)(2) (Final Plats Recorded with County Clerk and Recorder): Not applicable.
(H) Step 8 (Standards): Applicable, and the Zoning Board of Appeals may grant a variance from
the standards of Articles 3 and 4 only if it finds that the granting of the variance would neither be
detrimental to the public good nor authorize any change in use other than to a use that is
allowed subject to basic development review; and that:
(1) by reason of exceptional physical conditions or other extraordinary and exceptional
situations unique to such property, including, but not limited to, physical conditions such as
exceptional narrowness, shallowness or topography, or physical conditions which hinder
the owner's ability to install a solar energy system, the strict application of the standard
sought to be varied would result in unusual and exceptional practical difficulties, or
exceptional or undue hardship upon the occupant of such property, or upon the applicant,
provided that such difficulties or hardship are not caused by the act or omission of the
occupant or applicant;
(2) the proposal as submitted will promote the general purpose of the standard for which the
variance is requested equally well or better than would a proposal which complies with the
standard for which the variance is requested; or
(3) the proposal as submitted will not diverge from the standards of the Land Use Code that
are authorized by this Division to be varied except in a nominal, inconsequential way when
considered in the context of the neighborhood, and will continue to advance the purposes
of the Land Use Code as contained in Section 1.2.2.
Any finding made under subparagraph (1), (2) or (3) above shall be supported by specific
findings showing how the proposal, as submitted, meets the requirements and criteria of
said subparagraph (1), (2) or (3).
(I) Step 9 (Conditions of Approval): Applicable.
(J) Step 10 (Amendments): Not Applicable.
(K) Step 11 (Lapse): Any variance which applies to the issuance of a Building Permit shall expire
six (6) months after the date that such variance was granted, unless all necessary permits have
been obtained; provided, however, that for good cause shown, the Zoning Board of Appeals
may authorize a longer term if such longer term is reasonable and necessary under the facts
and circumstances of the case, but in no event shall the period of time for obtaining all
necessary permits under a variance exceed twelve (12) months in length. One (1) six-month
extension may be granted by the Zoning Board of Appeals.
(L) Step 12 (Appeals): Applicable.
(Ord. No. 177, 1998 §1, 10/20/98; Ord. No. 228, 1998 §11, 12/15/98; Ord. No. 165, 1999 §13,
11/16/99; Ord. No. 59, 2000 §9, 6/6/00; Ord. No. 183, 2000 §8, 12/19/00; Ord. No. 107, 2001
§§12—16, 6/19/01; Ord. No. 204, 2001 §1, 12/18/01; Ord. No. 087, 2002 §1, 6/4/02; Ord. No.
198, 2004 §2, 12/21/04; Ord. No. 033, 2013 §1, 3/5/13; Ord. No. 086, 2014 §§21, 22, 7/1/14)
DIVISION 2.11 - APPEAL FROM ADMINISTRATIVE DECISIONS
2.11.1 - Purpose and Applicability
(A) Purpose . The purpose of this Division is to provide for appeals of certain administrative/city staff
decisions to the Zoning Board of Appeals.
(B) Applicability . This Division shall apply to appeals from an administrative decision regarding the
interpretation and/or application of the land use regulations which preceded this Land Use Code, and
to appeals from the following administrative decisions made under this Land Use Code, provided
such administrative decision is not for approval, approval with conditions, or denial either of a project
development plan or a final plan pursuant to Divisions 2.4 or 2.5 or of an administrative
amendment/abandonment of any such plan or of any plan approved under prior law, processed
pursuant to Section 2.2.10 (Step 10):
(1) Addition of a Permitted Use by Director (but not by Planning and Zoning Board) under Section
1.3.4;
(2) Issuance of a written administrative interpretation under Section 1.4.3;
(3) Establishment of the Development Application Submittal Requirements under Section 2.2.3(C);
(4) Waiver of Development Application Submittal Requirements under Section 2.2.3(C);
(5) Waiver of a neighborhood meeting by the Director under Section 2.2.2;
(6) Establishment of Development Review Fees by the City Manager under Section 2.2.3(D),
adopted administratively and not by Council resolution;
(7) The issuance of a Stockpiling Permit under Section 2.6.3.
(8) The issuance of a Development Construction Permit under Section 2.6.3.
(9) The issuance of a Building Permit under Section 2.7.3.
(10) Decisions of the City Engineer made under the provisions of Section 3.3.2(C) of this Land Use
Code, or Section 29-14 of the Transitional Land Use Regulations.
Appeals from administrative decisions on a project development plan or a final plan shall be
governed by Division 2.4 or 2.5, respectively. Appeals from an administrative decision on an
amendment/ abandonment of an approved development plan or site specific development plan
shall be governed by Section 2.2.10 (Step 10). Any action taken in reliance upon an appealed
administrative decision during the pendency of the appeal shall be totally at the risk of the
person(s) taking such action and the city shall not be liable for any damages arising from any
such action.
(11) The issuance, denial, modification or revocation of an Off-Site Construction Staging License
under Section 3.8.35.
(Ord. No. 90, 1998, 5/19/98; Ord. No. 177, 1998 §§1, 2, 10/20/98; Ord. No. 178, 1998 §7,
10/20/98; Ord. No. 59, 2000 §10, 6/6/00; Ord. No. 204, 2001 §3, 12/18/01; Ord. No. 173, 2003
§7, 12/16/03; Ord. No. 073, 2008 §3, 7/1/08; Ord. No. 155, 2015 §4, 12/15/15 ; Ord. No. 129, 2017 ,
§ 3, 10/3/17)
2.11.2 - Administrative Appeal Review Procedures
An appeal from an administrative decision shall be processed according to, in compliance with and
subject to the provisions contained in Division 2.1 and Steps 1 through 12 of the Common Development
Review Procedures (Sections 2.2.1 through 2.2.12, inclusive) as follows:
(A) Step 1 (Conceptual Review): Not applicable.
(B) Step 2 (Neighborhood Meeting): Not applicable.
(C) Step 3 (Development Application Submittal): All items or documents required for an appeal
from an administrative decision as described in the development application submittal master
list shall be submitted. The Director may waive or modify the foregoing submittal requirements
if, given the facts and circumstances of the specific application, a particular requirement would
either be irrelevant, immaterial, redundant or otherwise unnecessary for the full and complete
review of the application.
(D) Step 4 (Review of Applications): Applicable.
(E) Step 5 (Staff Report): Applicable.
(F) Step 6 (Notice): Only Section 2.2.6(A) applies, except that "14 days" shall be changed to "7
days," everywhere it occurs in Section 2.2.6. Section 2.2.6(B)-(D) shall not apply.
(G) Step 7(A) (Decision Maker): Not applicable, and in substitution for Section 2.2.7(A), the Zoning
Board of Appeals, pursuant to Chapter 2 of the City Code, shall review, consider and uphold,
modify or overturn the administrative decision which is the subject of the appeal based on its
compliance with all of the standards contained in Step 8 of this Section.
Step 7(B)—(G) (Conduct of Public Hearing, Order of Proceedings at Public Hearing, Decision
and Findings, Notification to Applicant, Record of Proceedings, Recording of Decisions and
Plats): Applicable.
(H) Step 8 (Standards): Applicable, and an appeal from an administrative decision shall be
determined based upon the same standards which applied to the underlying administrative
decision. Any appeal that is taken pursuant to this Division must be taken not later than fourteen
(14) days from the date that the administrative decision was made; and, except for
administrative decisions which are not focused upon a specific parcel of real property (are
general in nature), may be filed only by persons who possess a legal or equitable interest in the
specific real property which is the subject of the decision, or who own or reside within real
property any part of which is located within eight hundred (800) feet of the specific real property
which is the subject of the decision.
(I) Step 9 (Conditions of Approval): Applicable.
(J) Step 10 (Amendments): Not applicable.
(K) Step 11 (Lapse): Not applicable.
(L) Step 12 (Appeals): Applicable.
(Ord. No. 90, 1998, 5/19/98; Ord. No. 177, 1998 §1, 10/20/98; Ord. No. 177, 2002 §4, 12/17/02;
Ord. No. 086, 2014 §23, 7/1/14; Ord. No. 065, 2015 §1, 7/7/15 )
DIVISION 2.12 - ANNEXATION AND DISCONNECTION OF LAND
2.12.1 - Compliance with state law
Annexation of lands to the City shall be in accordance with the laws of the state in effect from time to
time.
(Ord. No. 177, 1998 §1, 10/20/98)
2.12.2 - Petitions for Annexation and Annexation Plats
In addition to all state statutory filing and procedural requirements, all petitions for annexation and
annexation plats shall be submitted to the City Clerk, with a copy, and application fee, to the Director. The
City Clerk shall schedule the petitions for a meeting of the City Council held at least fifteen (15) days after
the date the City Clerk receives the petition and plat.
(Ord. No. 177, 1998 §1, 10/20/98; Ord. No. 204, 2001 §10, 12/18/01; Ord. No. 087, 2002 §2,
6/4/02)
2.12.3 - Hearing and Report by Planning and Zoning Board
The Planning and Zoning Board shall hold a hearing on the matter of such annexation and shall make a
report and recommendation to the City Council. Such report shall include a recommendation on the
proper zoning for the lands if the City Council annexes such lands into the City.
(Ord. No. 177, 1998 §1, 10/20/98)
2.12.4 - Annexation of Uses Not Legally Permitted
Except as provided below, any use that exists on a separately owned parcel outside the City and that is
not legally permitted by the county must cease and be discontinued before the City Council adopts, on
second reading, an annexation ordinance annexing any such property except as provided herein. In the
event that a property containing a use that is not legal pursuant to county regulations is proposed to be
annexed into the City and placed into a zone district wherein such use is a permitted use, said use must
be reviewed and processed as set forth in Article 4 (i.e., Type 1 review or Type 2 review) for the zone
district in which the land is proposed to be located, and shall comply with the applicable standards
contained in Articles 3 and 4. A development application for such review must be filed with the City within
sixty (60) days following the effective date of annexation. Such use shall be temporarily permitted for a
period not to exceed six (6) months following the date of second reading of the annexation ordinance. In
the event that the development application is not approved within said six-month period, then the use
shall be discontinued within thirty (30) days following the date of the decision of denial or expiration of
said six-month period, whichever first occurs, except that the Director may grant one (1) extension of the
foregoing six-month requirement, which extension may not exceed three (3) months in length. In the
event that the development application is approved, then such use shall be brought into full compliance
with this Land Use Code and the decision made thereunder by the decision maker within sixty (60) days
following the date of final plan approval.
In the event that a use which is not permitted by the county exists on any property that is included in an
enclave annexation consisting of more than one (1) separately owned parcel, the above-described
development process shall apply only if such property is placed in a zone district wherein such use is a
permitted use. If a property which contains a use that is not permitted by the county is included in such
multi-parcel enclave annexation, and such property is placed in a zone district that does not allow the use
within the City, such illegal use must be discontinued within: (A) two (2) years from the effective date of
annexation; (B) if such illegal use is the subject of a county-initiated zoning or nuisance enforcement
action, then within the time established by the court as a result of such enforcement action; or (C) if such
illegal use is the subject of a zoning or nuisance complaint filed with the county and determined by the
Director to be bona fide (but which has not become the subject of an enforcement action under (B) above
or, if it has become the subject of an enforcement action, such action has been dismissed by the court for
lack of county jurisdiction because the property has been annexed into the City), then ninety (90) days
from the effective date of annexation, whichever comes first. With respect to the time limit established in
(C) above, the Director may extend said time for an additional duration not to exceed one hundred eighty
(180) days if necessary to prevent or mitigate undue hardship or manifest injustice.
(Ord. No. 177, 1998 §1, 10/20/98; Ord. No. 228, 1998 §12, 12/15/98; Ord. No. 091, 2004 §5,
6/15/04; Ord. No. 070, 2005 §4, 7/5/05; Ord. No. 108, 2005 10/4/05; Ord. No. 066, 2009 §3,
7/7/09; Ord. No. 068, 2010 §4, 7/6/10)
2.12.5 - Effective Date of Annexation
An annexation shall take effect upon the last to occur of the following events:
(1) the tenth (10th) day following passage on second reading of the annexation ordinance (except
for emergency ordinances); and
(2) the filing for recording of three (3) certified copies of the annexation ordinance and map of the
area annexed, containing a legal description of such area, with the Larimer County Clerk and
Recorder.
(Ord. No. 177, 2002 §5, 12/17/02)
2.12.6 - Application for Disconnection, Enactment, Filing
When the owner of a tract of land within and adjacent to the boundary of the City desires to have said
tract disconnected from the City, such owner may apply to the City Council for the enactment of an
ordinance disconnecting such tract of land from the City. On receipt of such application, it is the duty of
the City Council to give due consideration to such application, and, if the City Council is of the opinion that
the best interests of the City will not be prejudiced by the disconnection of such tract, it shall enact an
ordinance effecting such disconnection. If such an ordinance is enacted, it shall be immediately effective
upon filing with the county Clerk and Recorder to accomplish the disconnection, and two (2) certified
copies thereof shall also be filed with the county Clerk and Recorder. The county Clerk and Recorder
shall file one (1) certified copy with the Division of Local Government in the Department of Local Affairs,
as provided by Section 24-32-109, C.R.S., and the other copy shall be filed with the Department of
Revenue, as provided by Section 31-12-113(2)(a.5), C.R.S.
(Ord. No. 129, 2008 §1, 10/14/08)
DIVISION 2.13 - VESTED RIGHTS AND TAKINGS DETERMINATIONS
2.13.1 - Purpose
The purpose of this division is to provide a procedure for relief, where appropriate, to persons who claim
that the application of this code has interfered with their vested rights to develop, or who claim that their
property has been taken by reason of the application of this code.
The provisions and procedures of this Division shall be followed to conclusion prior to seeking relief from
the courts based upon any claim of vested rights, or any alleged denial of economically beneficial use of
land, any alleged lack of reasonable nexus of a condition imposed by the City to potential impacts of
development, any lack of rough proportionality of a condition imposed by the City to potential impacts of
development, any deprivation of due process which causes a taking, or any other taking of real property.
(Ord. No. 177, 1998 §1, 10/20/98; Ord. No. 086, 2014 §24, 7/1/14)
2.13.2 - Administrative Process/Hearing Officer
There is hereby established the following Vested Rights Determination and Takings Determination
Procedures for the purpose of identifying certain parcels of real property in the City that should be made
exempt, or partially exempt, from the application of any portion of this Code. An owner or developer of
real property in the City who claims such an exemption on the basis of development rights that have
vested under the criteria contained in Section 2.13.10 may seek a Vested Rights Determination in
accordance with the procedures described in this Division. Furthermore, an owner or developer of real
property in the City who claims that such property has been taken without just compensation or who
claims a deprivation of due process may seek a Takings Determination in accordance with the
procedures described in this Division. With regard to a Takings Determination, the owner or developer
may assert any legally recognized takings claim, including, but not limited to, a claim that he or she has
been deprived of "all economically beneficial use" of his or her property, that a condition imposed by the
City does not have a "reasonable nexus" to the potential impacts of his or her development, that such a
condition is not "roughly proportional" to the potential impacts of his or her development, or that actions
taken by the City under this Code have resulted in a deprivation of due process. Such persons will be
provided an opportunity for a public hearing, the right to present and rebut evidence, a formal record and
an impartial Hearing Officer in accordance with the following procedures. Such Hearing Officer shall be
selected and appointed by the City Manager and shall be an attorney licensed to practice law in the State
of Colorado, with experience in land use matters. Subject to the procedures hereinafter provided, the
Hearing Officer shall issue formal findings of fact, conclusions of law and a Vested Rights Determination
and/or Takings Determination, depending on the nature of the claim asserted by the applicant. The claims
shall be reviewed according to the following procedure:
(Ord. No. 177, 1998 §1, 10/20/98; Ord. No. 086, 2014 §25, 7/1/14)
2.13.3 - Application
An Application for vested rights determination or takings determination shall be submitted to the Director
in the form established by the director. An application fee in the amount of two thousand five hundred
dollars ($2,500.00) per application (i.e., $2,500.00 for vested rights, $2,500.00 for takings, whichever is
applied for) shall accompany and be part of the application. the application shall, at a minimum, include:
(A) the name, address and telephone number of the property owner and authorized applicant if
other than the owner;
(B) the street address, legal description and acreage of the property; and
(C) for Vested Rights Determinations, all factual information and knowledge reasonably available
to the owner and applicant to address the criteria established in Section 2.13.10.
(D) for Takings Determination, all factual information and knowledge reasonably available to the
owner and applicant to address the criteria established in Section 2.13.11, including, without
limitation, the following:
(1) documentation of the date of purchase and the purchase price of such property, and any
and all offers to purchase such property made by any person within the last three (3) years;
(2) a description of the physical features present on such property, the present use of such
property, the use of such property at the time it was purchased, the use of such property
on the day prior to the time of the adoption of this Code, the uses permitted on such
property at the time of application pursuant to this Section, and a detailed description of the
regulations which are alleged to result in an elimination of economically beneficial use of
the land;
(3) evidence of any investments made by the owner to improve such property, the date the
improvements were made, and the costs of the improvements;
(4) all appraisals, studies and any other supporting evidence related to such property;
(5) any actions taken by the City related to such property;
(6) a description of the use which the owner believes represents the minimum legally required
economically beneficial use of such property, and all documentation, studies and other
supporting evidence thereof.
The application fee shall be applied to all out-of-pocket expenses actually incurred by the City in
connection with the hearing process, including without limitation fees for, and expenses incurred by, the
Hearing Officer; costs of reporting and transcribing the proceedings before the Hearing Officer; and costs
of producing of exhibits. The application fee shall not be applied to any in-house costs incurred by the
City, such as compensation for city staff time. Any portion of the application fee not used by the City to
pay the costs referred to above shall forthwith be returned to the applicant upon completion of the hearing
and appeal process.
(E) Notwithstanding the foregoing, the City Council may, by ordinance, waive the imposition of any
fee imposed by the provisions of this Chapter for an affordable housing project if the City
Council, in its sole discretion, determines that:
(1) the affordable housing project is intended to house homeless or disabled persons, as such
terms are defined by the Department of Housing and Urban Development, or households
with an annual income that does not exceed thirty (30) percent of the area median income
for the applicable household size in the Fort Collins-Loveland metropolitan statistical area,
as published by the Department of Housing and Urban Development; and
(2) the proposed waiver, if approved by the City Council, will not jeopardize the financial
interests of the City or the timely construction of the capital improvements to be funded by
the fees for which a waiver is sought.
Any waiver of fees hereunder must be applied for in accordance with City application
requirements prior to the City's issuance of any certificates of occupancy for the project that is
the subject of the waiver request.
(Ord. No. 177, 1998 §1, 10/20/98; Ord. No. 037, 2013 §9, 3/19/13; Ord. No. 086, 2014 §26,
7/1/14; Ord. No. 148, 2017 , §7, 11/21/17; Ord. No. 063, 2018 , §5, 6/5/18)
2.13.4 - Determination of Completeness
Within five (5) working days after receipt of an Application for Vested Rights or Takings Determination, the
Director shall determine whether the application submitted is complete. If he or she determines that the
application is not complete, the Director shall notify the applicant in writing of the deficiencies. The
Director shall take no further steps to process the application until the deficiencies have been remedied.
(Ord. No. 177, 1998 §1, 10/20/98)
2.13.5 - Review and Determination or Recommendation by Director and City Attorney
After receipt of a completed Application for Vested Rights Determination or Takings Determination, the
Director and the City Attorney shall review and evaluate the application in light of all of the criteria in
Section 2.13.10 or Section 2.13.11, whichever is applicable. Within twenty (20) days of such receipt and
based on the review and evaluation, the Director and the City Attorney shall prepare a written
recommendation to the Hearing Officer that the application should be denied, granted or granted with
conditions by the Hearing Officer. Such recommendations shall include findings of fact for each of the
criteria established in Section 2.13.10 or 2.13.11, whichever is applicable, to the extent that the
information is presented or obtained or inclusion is feasible or applicable.
If the Director and the City Attorney agree, based on the review and evaluation, that the Application for
Determination clearly should be granted or granted with conditions, then they may enter into a written
Stipulated Determination with the applicant, in lieu of the written recommendation to the Hearing Officer
and the provisions in Sections 2.13.6, 2.13.7, and 2.13.8. Any such Stipulated Determination shall be in
writing, signed by the City Manager, the City Attorney and the applicant, and shall be approved by the
City Council by resolution at its next regularly-scheduled meeting which is at least fourteen (14) days from
the date such Stipulated Determination is signed. Said Stipulated Determination shall include findings of
fact and conclusions of law based on the criteria established in Section 2.13.10 or Section 2.13.11,
whichever is applicable, and the determination granting or granting with conditions, in whole or in part, the
application. In the event that a proposed Stipulated Determination is rejected by the City Council, it shall
be referred to the Hearing Officer for a hearing and Determination in accordance with the procedures
described in Sections 2.13.6 through 2.13.9 below.
(Ord. No. 177, 1998 §1, 10/20/98)
2.13.6 - Review and Determination by Hearing Officer
No later than thirty (30) days after receipt by the Hearing Officer of the Application for Determination and
the written recommendation of the Director and the City Attorney, the Hearing Officer shall hold a public
hearing on the application. Written notice of the hearing shall be mailed by the City to the applicant at
least fourteen (14) days prior to the scheduled hearing. At the hearing, the Hearing Officer shall take
evidence and sworn testimony in regard to the criteria set forth in Section 2.13.10 or Section 2.13.11,
whichever is applicable, and shall follow such rules of procedure as may be established by the Director.
The parties before the Hearing Officer shall include the City and the applicant. Testimony shall be limited
to the matters directly relating to the standards set forth in Section 2.13.10 or Section 2.13.11, whichever
is applicable. The City Attorney shall represent the City, shall attend the public hearing and shall offer
such evidence as is relevant to the proceedings. The other parties to the proceedings, or their authorized
agents, may offer such evidence at the public hearing as is relevant to the proceedings and criteria. The
order of presentation before the Hearing Officer at the public hearing shall be as follows: (1) the City's
summary of the application, written recommendation, witnesses and other evidence; (2) the applicant's
witnesses and evidence; and (3) city rebuttal, if any.
(Ord. No. 177, 1998 §1, 10/20/98)
2.13.7 - Issuance of Determination by Hearing Officer
Within thirty (30) working days after the completion of the public hearing under Section 2.13.6, the
Hearing Officer shall consider the Application for Determination, the recommendation of the Director and
the City Attorney, and the evidence and testimony presented at the public hearing, in light of all of the
criteria set forth in Section 2.13.10 or Section 2.13.11, whichever is applicable, and shall deny, grant,
grant with conditions, or grant in part and deny in part, the Application for Determination for the property
or properties at issue. The Determination shall be in writing and shall include findings of fact for each of
the applicable criteria established in Section 2.13.10 or Section 2.13.11, whichever is applicable,
conclusions of law for each of such criteria, and a determination denying, granting, or granting with
conditions, in whole or in part, the vested rights.
(Ord. No. 177, 1998 §1, 10/20/98)
2.13.8 - Appeal to the City Council
Within twenty (20) days after issuance of the Hearing Officer's written Determination, the City Attorney,
the Director, the applicant, its authorized attorney or agent, or any resident of the City who appeared at
the public hearing before the Hearing Officer may appeal the Determination of the Hearing Officer to the
City Council by filing a written notice of appeal with the City Clerk. A fee of one hundred dollars ($100.00)
shall be paid for the application and processing of any such appeal except an appeal filed by the City
Attorney or the Director. The appeal shall be determined by the City Council at a hearing based solely
upon the record of the proceedings before the Hearing Officer. The City Council shall adopt the Hearing
Officer's Determination, with or without modifications or conditions, or reject the Hearing Officer's
Determination. Such appeal shall be based upon the criteria established in Section 2.13.10 or Section
2.13.11, whichever is applicable.
(Ord. No. 177, 1998 §1, 10/20/98)
2.13.9 - Waiver of Time Limits
Any time limit specified in the Determination Procedure may be waived upon receipt by the City Clerk of a
written stipulation requesting such waiver and signed by the applicant and the Director.
(Ord. No. 177, 1998 §1, 10/20/98)
2.13.10 - Criteria for Vested Rights
(A) This Section is intended to strictly adhere to and implement existing case law and statutory law
controlling in the State of Colorado as they relate to the doctrine of vested rights and equitable
estoppel as applied to a home rule municipality exercising its authority and powers in land use
planning, zoning, the provisions of adequate public facilities concurrent with development (APF),
subdivision, site development, land development regulations and related matters addressed in this
Code. It is the express intent of the City to require application of the provisions of this Division 2.13 to
as much development and property in the City as is legally possible without violating the legally
vested rights of an owner/developer under case law or statutory law. The criteria herein provided
shall be considered in rendering a Vested Rights Determination hereunder. It is intended that each
case be decided on a case-by-case factual analysis. An applicant shall be entitled to a positive
Vested Rights Determination only if such applicant demonstrates, by clear and convincing evidence,
entitlement to complete his or her development without regard to the otherwise applicable provisions
of this Code by reason of: (A) the provisions of Title 24, Article 68, C.R.S.; (B) Section 2.2.11(D) of
this Code; or (C) the existence of all three (3) of the following requirements:
(1) some authorized act of the City;
(2) reasonable good faith reliance upon such act by the applicant; and
(3) such a substantial change in position or expenditure by the applicant that it would be highly
inequitable or unjust to destroy the rights acquired.
(B) In evaluating whether an applicant (property owner, developer or the successor in interest of either)
has met the requirements as set forth in paragraph (A)(3) above, the Hearing Officer shall consider
and give weight to the following factual matters:
(1) the total investment made in the project, including all costs incurred subsequent to the act of
the City relied upon by the applicant, which costs may include, without limitation, the costs of
land acquisition, architectural and engineering fees and the costs of on-site and off-site
infrastructure improvements to service the project;
(2) any dedication of property made to public entities in accordance with the approved overall
development plan for the project or the approved project development plan or plat for the
project;
(3) whether infrastructure improvements which have been installed have been sized to
accommodate uses approved in the approved overall development plan or the approved project
development plan or plat for the project;
(4) the acreage of the approved overall development plan or the approved project development
plan or plat for the project and the number of phases within the overall development plan or the
approved project development plan or plat and their respective acreages which have received
final approval;
(5) whether the completion of the project has been timely and diligently pursued; and
(6) the effect of the applicant's existing development loans on the application of this Land Use
Code to the project.
(Ord. No. 177, 1998 §1, 10/20/98; Ord. No. 173, 2003 §8, 12/16/03; Ord. No. 066, 2009 §4,
7/7/09; Ord. No. 086, 2014 §27, 7/1/14)
2.13.11 - Criteria for Takings
This Section is intended to strictly adhere to and implement existing case law and statutory law controlling
in the State of Colorado as they relate to the takings doctrine as applied to a home rule municipality
exercising its authority and powers in land use planning, zoning, the provision of adequate public facilities
concurrent with development (APF), subdivision, site development, land development regulations and
related matters addressed in this Land Use Code. It is the express intent of the City to require application
of the provisions of this Land Use Code to as much development and property in the City as is legally
possible without violating takings law.
The criteria herein provided shall be considered in rendering a Takings Determination hereunder. It is
intended that each case be decided on a case-by-case factual analysis. While the criteria for takings
established in this Section are intended to provide fair standards in a pre-litigation forum and to reflect the
current state of the law for Colorado, the City's adoption or use of these criteria for takings shall not in any
way be deemed an admission, concession or statement by the City that such criteria apply or are
controlling in a court of law, and the City hereby unconditionally reserves all defenses and claims which
would otherwise be available to it under the law. For example, but without limitation, the City does not
concede for litigation purposes that the "reasonable nexus/rough proportionality" doctrines apply to
monetary exactions or to legislative acts, although the City chooses to apply such criteria to the Takings
Determination process described herein.
(A) Economically Beneficial Use . With regard to the takings doctrine of "economically beneficial
use," an applicant shall be entitled to the minimum increase in use, density, intensity or other
possible concessions from this Land Use Code necessary to permit an economically beneficial
use of the land or a use that is determined to be required by law. The highest use, or even an
average or generally reasonable expectation, is not required or intended as the appropriate
remedy.
The following factors shall be used to determine whether an economically beneficial use of such
property is available:
(1) Actual Condition of Land . The actual condition of the land shall be considered. The reality
of limited development potential, given the natural condition of the land, shall not be
attributed to the regulations applied to the land. If the land is such that it cannot safely or
properly accommodate development with normal grading and clearing practices, this fact
shall lower the intensity of use that is considered a minimum economically beneficial use.
(2) Common Land Use . A land use commonly found in the City, although it may not involve
further development of the land, is considered an economically beneficial use.
Furthermore, a land use that is considered to be the lowest intensity in the City, but which
use still provides for residence within the City, is considered an economically beneficial
use.
(3) No Government Subsidy . A minimum economically beneficial use of the land is one that
does not have any governmental subsidy attached to the long-term safe occupation or use
of the land. If such a subsidy is needed, then that must be reflected by lowering the use
intensity that is considered a minimum economically beneficial use on a market valuation
basis, or by deducting the cost of such a subsidy from the otherwise established minimum
economically beneficial use.
(4) Potential for Damages . The potential for damages to either residents or property shall be
assessed in determining economically beneficial use. Such damage potential shall be
calculated and must be reflected by deducting the damage potential from the otherwise
established minimum economically beneficial use, or otherwise taking account of such
damage.
(5) No Investment-Backed Expectations. Speculative expectations of land value and
development potential shall not be considered. Reasonable development expectations
backed by investments shall not be considered, unless required by the current state of the
law.
(6) Conservative Financial Investment. The opportunity to make a return on the use of the
land equivalent to that which would have been received from a conservative financial
investment shall be indicative of an economically beneficial use. However, general
downturns in the real estate market or the economy shall not be attributed to the
regulations applied to the land.
(7) No Diminution in Value. The market value of the land, as established by the comparable
sales approach, one (1) day prior to the adoption of this Land Use Code, shall be
compared to the market value of the land, as established by the comparable sales
approach, with the regulations as applied. Market value of the land one (1) day prior to the
adoption of this Land Use Code shall constitute its highest and best use on the day prior to
the adoption of this Land Use Code or the date of the purchase of the land by the
applicant, whichever is later. All appraisals or other land value information, if any, shall be
proposed by qualified licensed appraisers, and shall follow the best professional practices
established by the profession. Mere diminution in market value shall not be sufficient to
support a determination of denial of economically beneficial use.
(8) Current State of Law. The current state of law established by the United States Supreme
Court, the Federal Circuit Court of Appeals, the Colorado Supreme Court and other
controlling Colorado courts, and controlling statutory law, shall be considered.
(B) Reasonable Nexus/Rough Proportionality. With regard to the takings doctrines of
"reasonable nexus" and "rough proportionality," an applicant shall be entitled to the minimum
revision of any required dedication or reduction of its property, or the minimum revision of any
payment of money to ensure "rough proportionality," or the reevaluation of the offending
condition or action, including invalidation if necessary, to ensure that the "reasonable nexus"
and "rough proportionality" doctrines are satisfied.
(1) In evaluating an applicant's "reasonable nexus/rough proportionality" takings claim, a
determination shall first be made as to whether a "reasonable nexus" exists between a
"legitimate state interest" and the condition imposed by the City.
(2) The second part of the "reasonable nexus/rough proportionality" takings analysis requires
that a determination then be made as to whether the exaction or condition is reasonably
related to the needs created by the development or the impacts of such development.
(3) Finally, a determination shall be made as to whether the degree of the exaction demanded
by the City's condition is reasonably related to the projected impacts of the applicant's
proposed development. No precise mathematical calculation is required, but the City must
make some sort of individualized determination that the required exaction or condition is
related both in nature and extent to the impact of the proposed development.
(4) The current state of law established by the United States Supreme Court, the Federal
Circuit Court of Appeals, the Colorado Supreme Court and other controlling Colorado
courts, and controlling statutory law, shall be considered in making each of these
determinations.
(Ord. No. 177, 1998 §1, 10/20/98)
DIVISION 2.14 - ENFORCEMENT
2.14.1 - Methods of Enforcement
The provisions of this Land Use Code shall be enforced by the following methods:
(A) requirement of a Building Permit;
(B) requirement of a certificate of occupancy;
(C) inspection and ordering removal of violations;
(D) criminal or civil proceedings; and
(E) injunction or abatement proceedings.
(Ord. No. 177, 1998 §1, 10/20/98; Ord. No. 123, 2005 §1, 11/15/05)
2.14.2 - Permits and Certificates of Occupancy
(A) No building shall be erected, moved or structurally altered unless a Building Permit has been issued
by the Building and Zoning Director. All permits shall be issued in conformance with the provisions of
this Land Use Code and shall expire six (6) months after the date that such Building Permit was
issued unless properly acted upon in accordance with the provisions of the International Building
Code, as amended. One (1) six-month extension may be granted by the Building and Zoning
Director.
(B) No land or building shall be changed in use, nor shall any new structure, building or land be
occupied or used, unless the owner (or the owner's contractor, if any) shall have obtained a
certificate of occupancy from the Building and Zoning Director. If the use is in conformance with the
provisions of this Land Use Code, a certificate of occupancy shall be issued within three (3) days of
the time of notification that the building is completed and ready for occupancy. A copy of all
certificates of occupancy shall be filed by the Director and shall be available for examination by any
person with either proprietary or tenancy interest in the property or building.
(Ord. No. 177, 1998 §1, 10/20/98; Ord. No. 177, 2002 §6, 12/17/02; Ord. No. 049, 2008 §2,
5/20/08)
2.14.3 - Inspection
The City manager is hereby empowered to cause any building, other structure or tract of land to be
inspected and examined and to order in writing the remedying of any condition found to exist therein or
thereat in violation of any provision of this land use code. after any such order has been served, no work
shall proceed on any building, other structure or tract of land covered by such order, except to correct
such violation or comply with the order.
(Ord. No. 177, 1998 §1, 10/20/98)
2.14.4 - Criminal and Civil Liability; Penalties
(A) Except as otherwise specified in this Land Use Code, any person (including, without limitation, the
developer of, owner of, or any person possessing, occupying or trespassing upon, any property
which is subject to this Land Use Code, or any agent, lessee, employee, representative, successor
or assign thereof) who violates this Land Use Code or who fails to comply with any of its
requirements or who fails to comply with any orders made thereunder, shall be guilty of a
misdemeanor and upon conviction shall be subject to the penalties provided in § 1-15 of the City
Code. Each day that such a violation occurs shall constitute a separate offense. Nothing contained
herein shall prevent the City from taking such other lawful action as is necessary to prevent or
remedy any violations of this Land Use Code.
(B) An owner, property manager or occupant commits a civil infraction by violating any provision of
Section 3.8.16 of this Land Use Code. Each day during which the limitation on the number of
occupants is exceeded shall constitute a separate violation. A finding that such civil infraction has
occurred shall subject the offender(s) to the penalty provisions of § 1-15(f) of the Code of the City of
Fort Collins and any or all of the following actions:
(1) the imposition of a civil penalty of not less than five hundred dollars ($500.00) and not more
than one thousand dollars ($1,000.00) for each violation;
(2) an order to comply with any conditions reasonably calculated to ensure compliance with the
provisions of Section 3.8.16 of this Land Use Code or with the terms and conditions of any
permit or certificate granted by the city;
(3) an injunction or abatement order; and/or
(4) denial, suspension or revocation of any city permit or certificate relating to the dwelling unit.
(Ord. No. 177, 1998 §1, 10/20/98; Ord. 123, 2005 §2, 11/15/05; Ord. No. 085, 2008 §9, 7/15/08)
2.14.5 - Liability of City and Injunction
(A) In addition to any of the foregoing remedies, the City Attorney acting on behalf of the City Council
may maintain an action for an injunction to restrain any violation of this Land Use Code.
(B) This Land Use Code shall not be construed to hold the city responsible for any damage to persons
or property by reason of the inspection or reinspection authorized herein or failure to inspect or
reinspect or by reason of issuing a Building Permit as herein provided, or by reason of pursuing or
failing to pursue an action for injunctive relief as authorized in (A), above.
(Ord. No. 177, 1998 §1, 10/20/98)
2.14.6 - Enforcement of the Requirements and Conditions of Development Approval
The occurrence of either of the following events may subject the developer of, owner of, or any person
possessing, occupying or trespassing upon, any property which is subject to this Land Use Code, or any
agent, lessee, employee, representative, successor or assign thereof to the enforcement remedies
contained in this Division:
(A) failure to comply with any terms, conditions or limitations contained on the site plan, landscape
plan, building elevations or other approved documents pertaining to a development which has
received final approval from the city, whether under the provisions of this Land Use Code or
under the provisions of prior law.
(B) failure to comply with any conditions of record imposed by the appropriate decision maker
upon its review of the site specific development plan for the development, whether under the
provisions of this Land Use Code or under the provisions of prior law.
(Ord. No. 177, 1998 §1, 10/20/98)
DIVISION 2.15 - PLANNED UNIT DEVELOPMENT OVERLAY REVIEW PROCEDURE*[]
(A) Purpose . To provide an avenue for property owners with larger and more complex development
projects to achieve flexibility in site design in return for significant public benefits not available
through traditional development procedures.
(B) Applicability . Application for approval of a PUD Overlay is available to properties of 50 acres or
greater in size.
(C) Process .
(1) Step 1 (Conceptual Review/Preliminary Design Review): Applicable.
(2) Step 2 (Neighborhood Meeting): Applicable to any proposed PUD Overlay subject to Planning
and Zoning Board or City Council review. If a neighborhood meeting is required at the
conceptual planning stage pursuant to Section 2.2.2, a second neighborhood meeting shall be
required after the PUD Overlay application has been submitted and the first round of staff
review completed.
(3) Step 3 (Development Application Submittal): All items or documents as described in the
development application submittal master list for a PUD Overlay shall be submitted.
Notwithstanding, the Director may waive or modify the foregoing submittal requirements if, given
the facts and circumstances of the specific application, a particular requirement would either be
irrelevant, immaterial, redundant or otherwise unnecessary for the full and complete review of
the application.
(4) Step 4 (Review of Application): Applicable.
(5) Step 5 (Staff Report): Applicable.
(6) Step 6 (Notice): Applicable.
(7) Step 7(A) (Decision Maker): Applicable as follows:
a. Planning and Zoning Board review (Type 2 review) applies to PUD Overlay applications
between 50 and 640 acres;
b. City Council is the decision maker for PUD Overlay applications greater than 640 acres
after receiving a Planning and Zoning Board recommendation. City Council approval of a
PUD Overlay shall be by ordinance.
Step 7(B) through (G) (Conduct of a Public Hearing, Order of Proceedings at Public
Hearing, Decision and Findings, Notification to Applicant, Record of Proceeding, Recording
of Decision): Applicable.
(8) Step 8 (Standards) : Applicable. Except as modified pursuant to Sections 4.29 (E) and (G), a
PUD Master Plan shall be consistent with all applicable General Development Standards
(Article 3) and District Standards (Article 4) including Division 4.29.
(9) Step 9 (Conditions of Approval): Applicable.
(10) Step 10 (Amendments): Applicable.
(11) Step 11 (Lapse): Applicable.
(12) Step 12 (Appeals) : Applicable. A Planning and Zoning Board decision on a PUD Overlay
between 50 and 640 acres is appealable to City Council pursuant to Section 2.2.12(A). Appeals
of Project Development Plans within PUD Overlays are subject to the limitations of Section
4.29(J).
(Ord. No. 091, 2018 , §10, 7/17/18)
Footnotes:
--- () ---
Editor's note— *Ord. No. 091, 2018 , §10, adopted July 17, 2018, repealed Div. 2.15 in its entirety and
reenacted a new Div. 2.15 as set out herein. Former Div. 2.15 pertained to similar subject matter and
derived from Ord. No. 024, 2013 §4, adopted February 26, 2013; Ord. No. 086, 2014 §28, adopted July 1,
2014; and Ord. No. 116, 2014 §1, September 16, 2014.
2.15.2 - Complete Development Plan
(A) Purpose . The purpose and applicability of a complete development plan is contained in subsection
2.1.3(D).
(B) Process . A complete development plan may only be submitted after approval of a detailed
development plan for the subject property or concurrently with a detailed development plan for the
subject property. For consolidated applications for a detailed development plan and a complete
development plan, the applicant shall follow both the detailed development plan and complete
development plan review procedures.
A complete development plan shall be processed according to, in compliance with and subject to the
provisions contained in Division 2.1 and Steps 1 through 12 of the Common Development Review
Procedures (Sections 2.2.1 through 2.2.12, inclusive) as follows:
(1) Step 1 (Conceptual Review): Not applicable.
(2) Step 2 (Neighborhood Meeting): Not applicable.
(3) Step 3 (Development Application Submittal): All items or documents required for complete
development plans as described in the development application submittal master list shall be
submitted. The Director may waive or modify the foregoing submittal requirements if, given the
facts and circumstances of the specific application, a particular requirement would either be
irrelevant, immaterial, redundant or otherwise unnecessary for the full and complete review of
the application.
(4) Step 4 (Review of Applications): Applicable.
(5) Step 5 (Staff Report): Not applicable.
(6) Step 6 (Notice): Not applicable.
(7) Step 7(A)—(C) (Decision Maker, Conduct of Public Hearing, Order of Proceeding at Public
Hearing): Not applicable, and in substitution therefor, the Director is hereby authorized to, and
shall, review, consider and approve, approve with conditions or deny the development
application for a complete development plan based on its consistency with a valid detailed
development plan for the subject property and its compliance with all of the standards
established in Step 8 of this Section. The Director may, but is not obligated to, confer with the
applicant or other City staff to obtain clarification or explanation, gain understanding, suggest
revisions, or otherwise discuss or learn about the development proposal and a complete
development plan, all for the purpose of ensuring a fully consistent and compliant complete
development plan.
Step 7(D) (Decision and Findings): Not applicable, except that Step 7(D)(3) shall apply.
Step 7(E) (Notification to Applicant): Applicable.
Step 7(F) (Record of Proceedings): Not applicable, except that Step 7(F)(2) shall apply.
Step 7(G) (Recording of Decisions and Plats): Applicable.
(8) Step 8 (Standards): Applicable. A complete development plan shall comply with Division 4.29
and be consistent with the detailed development plan.
(9) Step 9 (Conditions of approval): Applicable.
(10) Step 10 (Amendments): Applicable.
(11) Step 11 (Lapse): Applicable. Except that the term "complete development plan" is referred to
as "final plan."
(12) Step 12 (Appeals): Not applicable. The Director's decision shall be final and no appeal of the
Director's decision will be allowed; however, the Director may refer the decision to the Planning
and Zoning Board when the Director is in doubt as to the compliance and consistency of the
complete development plan with the approved detailed development plan. If the Director refers
the decision to the Planning and Zoning Board, the decision of the Planning and Zoning Board
shall be final and shall not be appealable to the City Council, notwithstanding any provision of
the City Code to the contrary.
(Ord. No. 024, 2013 §4, 2/26/13; Ord. No. 086, 2014 §29, 7/1/14)
DIVISION 2.16 - SITE PLAN ADVISORY REVIEW
2.16.1 - Purpose and applicability
The purpose and applicability of a Site Plan Advisory Review is contained in Section 2.1.3(E).
(Ord. No. 086, 2014 §30, 7/1/14)
2.16.2 - Site Plan Advisory Review Procedures
A Site Plan Advisory Review shall be processed according to, in compliance with and subject to the
provisions contained in Division 2.1 and Steps 1 through 12 of the Common Development Review
Procedures (Sections 2.2.1 through 2.2.12, inclusive) as follows:
(A) Step 1 (Conceptual Review): Applicable.
(B) Step 2 (Neighborhood Meeting): Applicable.
(C) Step 3 (Development Application Submittal): All items or documents required for Site Plan
Advisory Review as described in the development application submittal master list shall be
submitted. The Director may waive or modify the foregoing submittal requirements if, given the
facts and circumstances of the specific application, a particular requirement would either be
irrelevant, immaterial, redundant or otherwise unnecessary for the full and complete review of
the application.
Prior to acquisition of land or contracting for the purchase of a facility, a public school or charter
school shall advise the Planning and Zoning Board in writing. The Planning and Zoning Board
shall have ten (10) days in which to request submittal of a site development plan.
Prior to constructing or authorizing any other public building or structure, a site development
plan identifying the location, character and extent shall be submitted to the Planning and Zoning
Board.
(D) Step 4 (Review of Application): Applicable.
(E) Step 5 (Staff Report): Applicable.
(F) Step 6 (Notice): Applicable.
(G) Step 7(A) (Decision Maker): Not applicable, and in substitution thereof, the Planning and
Zoning Board shall consider a Site Plan Advisory Review and approve or disapprove the
application in a public hearing held within sixty (60) days after receipt of the application under
Section 31-23-209, C.R.S. In the case of a public or charter school application under Section
22-32-124, C.R.S., the Planning and Zoning Board shall provide review comments at a public
hearing held within thirty (30) days (or such later time as may be agreed to in writing by the
applicant) after receipt of the application.
Step 7(B)-(G) (Conduct of Public Hearing, Order of Proceedings at Public Hearing, Decision
and Findings, Notification to Applicant, Record of Proceedings, Recording of Decisions and
Plats): Applicable.
(H) Step 8 (Standards): Not applicable, and in substitution thereof, an application for a Site Plan
Advisory Review shall comply with the following criteria:
(1) The site location for the proposed use shall be consistent with the land use designation
described by the City Structure Plan Map, which is an element of the City's Comprehensive
Plan.
(2) The site development plan shall conform to architectural, landscape and other design
standards and guidelines adopted by the applicant's governing body. Absent adopted
design standards and guidelines, the design character of the site development plan shall
be consistent with the stated purpose of the respective land use designation as set forth in
the City's Comprehensive Plan.
(3) The site development plan shall identify the level of functional and visual impacts to public
rights-of-way, facilities and abutting private land caused by the development, including, but
not limited to, streets, sidewalks, utilities, lighting, screening and noise, and shall mitigate
such impacts to the extent reasonably feasible.
(I) Step 9 (Conditions of Approval): Not applicable.
(J) Step 10 (Amendments): Not applicable.
(K) Step 11 (Lapse): Not applicable.
(L) Step 12 (Appeals): Not applicable, and in substitution thereof, a disapproved Site Plan
Advisory Review made under Section 31-23-209, C.R.S., may be overruled by the governing
board of the public entity by a vote of not less than two-thirds ( 2/3 ) of its entire membership.
Further, with respect to a review made under Section 22-32-124, C.R.S., the Planning and
Zoning Board may request a hearing before the applicable board of education.
(Ord. No. 086, 2014 §30, 7/1/14; Ord. No. 175, 2014 § 7, 12/16/14 )
DIVISION 2.17 - CITY PROJECTS
Development projects for which the City is the applicant shall be processed in the manner described
in this Land Use Code, as applicable, but shall be subject to review by the Planning and Zoning Board in
all instances, despite the fact that certain uses would otherwise have been subject to administrative
review.
( Ord. No. 082, 2015 §2, 7/21/15 )
DIVISION 2.18 - BASIC DEVELOPMENT REVIEW
2.18.1 - Purpose and Applicability
The purpose of the Basic Development Review process is to establish a process for approval of a site
specific development plan where the decision maker is the Director. There is no public hearing and the
Basic Development Review process shall not be construed to be the same as an Administrative (Type 1)
review process for which the Director, or his designee, conducts a public hearing. The Basic
Development Review shall be the review process for:
(A) Those uses listed as such in each of the Article Four Zone Districts.
(B) Existing Limited Permitted Uses (Section 1.6.5).
(C) Expansions and Enlargements of Existing Buildings (Sections 3.8.20 and 3.8.25).
(D) Building Permit Applications (Division 2.7).
(E) Minor Subdivisions (Section 2.18.2).
( Ord. No. 155, 2015 §5, 12/15/15 )
2.18.2 - Minor Subdivisions
A Minor Subdivision is a plat or replat that does not create more than one (1) new lot. A minor subdivision
shall not be permitted if the property is within a parcel, any part of which has been subdivided by a Minor
Subdivision plat within the immediately preceding twelve (12) months. For an unplatted metes and
bounds lot undergoing the Minor Subdivision process to create a platted lot with the same boundaries,
Step 6 (Notice) of Section 2.18.3 is not applicable.
( Ord. No. 155, 2015 §5, 12/15/15 )
2.18.3 - Basic Development Review and Minor Subdivision Review Procedures
An application for a Basic Development Review or Minor Subdivision shall be processed according to, in
compliance with, and subject to the provisions contained in Division 2.1 and Steps (1) through (12) of the
Common Development Review Procedures (Sections 2.2.1 through 2.2.12, inclusive), as follows:
(A) Step 1 (Conceptual Review): Not applicable.
(B) Step 2 (Neighborhood Meeting): Not applicable.
(C) Step 3 (Development Application): Applicable.
(D) Step 4 (Review of Applications): Applicable.
(E) Step 5 (Staff Report): Not applicable and in substitution thereof, a staff report shall be
prepared in the case of an appeal of a final decision pursuant to Section 2.2.12 (Step 12).
(F) Step 6 (Notice):
Step 6(A) (Mailed Notice): Applicable. Notice to be mailed to the owners of record of all real
property within eight hundred (800) feet (exclusive of property rights-of-way, public facilities,
parks or public open space) of the property lines of the parcel of land to be subdivided.
Step 6(B) (Posted Notice): Applicable.
Step 6(C) (Published Notice): Applicable.
Step 6(D) (Supplemental Notice): Not Applicable.
Step 6(E) Applicable.
(G) Step 7 (Public Hearing): Not Applicable.
Step 7(A)(1 and 2) : (Decision maker): Not applicable and in substitution thereof, the Director
shall be the decision maker and there shall be no public hearing.
Steps 7(B - C) - Not Applicable.
Step 7(D)(1 and 2) : (Decision and Findings): Not applicable and in substitution thereof, after
consideration of the development application, the Director shall issue a written decision to
approve, approve with conditions, or deny the development application based on compliance
with the standards referenced in Step 8 of the Common Development Review Procedures
(Section 2.2.8). The written decision shall be mailed to the applicant and to any person who
provided comments during the comment period and shall also be posted on the City's website
at www.fcgov.com.
Step 7(D)(3) : (Findings): Applicable
Step 7(E) : (Notification to Applicant): Applicable.
Step 7(F)(1) : (Recording of the Public Hearing): Not Applicable.
Step 7(F)(2)(a) : (The Record): Not Applicable.
Step 7(F)(2)(b) : (Minutes): Not applicable and in substitution thereof, the Director shall issue
the decision in writing.
Step 7(F)(2)(c and d) : (Verbatim Transcript and Videotape Recording): Not Applicable.
Step 7(G) : (Recording of Decisions and Plats): Applicable for Minor Subdivisions only.
(H) Step 8 (Standards): Applicable.
(I) Step 9 (Conditions of Approval): Applicable.
(J) Step 10 (Amendments): Applicable.
(K) Step 11 (Lapse): Applicable
Step 11(A) : (Application Submittals): Applicable
Step 11(B and C) (Lapse): Not Applicable.
Step 11(D)(1—8) : (Final Plan and Plan and Other Site Specific Development Plan): Applicable.
Step 11(D)(9) : (Post denial re-submittal delay): Not Applicable.
Step 11(D)(10) : (Automatic repeal; waiver): Applicable
(L) Step 12 (Appeals): Applicable and in explanation thereof, appeals of the decision of the
Director regarding approval, approval with conditions or denial of a Basic Development Review
and Minor Subdivision shall be to the Planning and Zoning Board. Any such appeal shall be
taken by filing a notice of appeal of the final decision of the Director within 14 days after the
action that is the subject of the appeal. The appeal hearing with the Planning and Zoning Board
shall be considered a new, or de novo , hearing. The decision of the Planning and Zoning Board
on such appeals shall constitute a final decision appealable to City Council pursuant to Section
2.2.12 (Step 12).
( Ord. No. 155, 2015 §5, 12/15/15 )
DIVISION 2.19 - REASONABLE ACCOMMODATION PROCESS
(A) Intent. It is the policy of Fort Collins to provide reasonable accommodation for exemptions in the
application of its zoning laws to rules, policies, and practices for the siting, development, and use of
housing, as well as other related residential services and facilities, to persons with disabilities
seeking fair access to housing. The purpose of this section is to provide a process for making a
request for reasonable accommodation to individual persons with disabilities.
(B) Application. Any person who requires reasonable accommodation, because of a disability, in the
application of a zoning law that may be acting as a barrier to equal opportunity to housing
opportunities, or any person or persons acting on behalf of or for the benefit of such a person, may
request such accommodation. For purposes of this section, "disabled," "disability," and other related
terms shall be defined as in the federal Americans with Disabilities Act of 1990 ("ADA"), the Fair
Housing Act ("FHA"), or their successor laws. Requests for reasonable accommodation shall be
made in the manner prescribed by Division 2.19(C).
(C) Required Information.
(1) The applicant shall provide the following information:
(a) Applicant's name, address, and telephone number;
(b) Address of the property for which the request is being made;
(c) The current actual use of the property;
(d) Confirmation that the subject individual or individuals are disabled under the Acts. Any
information related to the subject individual or individuals' disability shall be kept
confidential;
(e) The specific zoning code provision, regulation, or policy from which accommodation is
being requested; and
(f) Why the reasonable accommodation is necessary for the subject individual or individuals
with disabilities to have equal opportunity to use and enjoy the specific property.
(2) Review With Other Land Use Applications. If the project for which the request for
reasonable accommodation is being made also requires some other development review, then
the applicant shall file the information required by Division 2.19(C) together for concurrent
review with any other application for development review approval. The application for
reasonable accommodation will be decided prior to any concurrent development review
application that is affected by the request for reasonable accommodation, including but not
limited to applications reviewed by the City Council, Planning and Zoning Board and Zoning
Board of Appeals.
(3) Timing of Application. An application for reasonable accommodation may be filed at any time
prior to a final decision on a development application, including any applicable time for appeal.
(4) Effect of Application on Appeals.Notwithstanding any limitation found in §2-49 or §2-52 of
the City Code, filing an application for reasonable accommodation will toll the time for filing an
appeal regarding a development application, or hearing an appeal that has been filed, until a
decision on the application for reasonable accommodation is rendered.
(D) Review Procedure.
(1) Director. Requests for reasonable accommodation shall be reviewed by the Director, or his/her
designee.
(2) Interactive Meeting. Upon either the request of the Director or the applicant, the Director or
his or her designee shall hold an interactive meeting with the applicant to discuss the
reasonable accommodation request in order to obtain additional information or to discuss what
may constitute a reasonable accommodation for a particular application.
(3) Director Review. The Director, or his or her designee, shall make a written determination
within forty-five (45) days of receiving an application, or having an interactive meeting,
whichever date comes later, and either grant, grant with modifications, or deny a request for
reasonable accommodation in accordance with Division 2.19(E). Information related to the
subject individual or individuals' disability shall be kept confidential and shall not be included in
a public file.
(E) Findings and Decision.
(1) Findings. The written decision to grant, grant with conditions or deny a request for reasonable
accommodation shall be based on consideration of the following factors:
(a) Whether the property, which is the subject of the request, will be used by an individual
disabled under the Acts;
(b) Whether the request for reasonable accommodation is necessary to make specific
housing available to an individual with a disability under the Acts;
(c) Whether the requested reasonable accommodation would impose an undue financial or
administrative burden on the City;
(d) Whether the requested reasonable accommodation would require a fundamental
alteration in the nature of a land use code provision; and
(e) Any other applicable requirements of the FHA and ADA.
(2) Conditions of Approval. In granting a request for reasonable accommodation, the reviewing
authority may impose any conditions of approval deemed reasonable and necessary to ensure
that the reasonable accommodation would comply with the findings required by Division
2.19(E)(1).
(3) Effect of Approval. An approval, with or without conditions, of an application for reasonable
accommodation will be treated as compliance with the Code section being accommodated but
will not affect any concurrent review not related to the reasonable accommodation, except that
the decision maker shall amend or modify any concurrent decision to incorporate the approved
reasonable accommodation.
(F) Appeal of Determination. The applicant may appeal a determination granting or denying a
request for reasonable accommodation to the City Manager in accordance with Chapter 2,
Article VI of the Code of the City of Fort Collins. No other review of a reasonable
accommodation determination shall be allowed except as expressly provided within this
Section.
(Ord. No. 146, 2017 , §2, 11/21/17)
3.3.2 - Development Improvements
(A) Approval of City Engineer.
(1) Before the Director certifies the acceptance of any final plat, the Director must be notified by
the City Engineer that the required improvements have been designed according to the city's
various design criteria and construction standards.
(2) No improvements shall be made until all required plans, profiles and specifications, including
reproducible Mylar prints for the same, have been submitted to and approved by the City
Engineer.
(3) As each portion of the improvements in a subdivision is completed, and after inspection and
acceptance by the City Engineer, the amount of guaranty covering that phase of the
development shall be released following the written request of the applicant to the Director.
(B) Development Agreement. At the time the plans, profiles and specifications required in this Division
are approved, the applicant shall enter into an agreement providing for the installation of all
improvements in the subdivision required by this Land Use Code. Such agreement shall establish
and set forth the extent to which the City is to participate in the cost of constructing any public
improvements, including, without limitation, collector or arterial streets. No final plan or plat or other
site specific development plan shall be approved by the City or recorded until such agreement has
been fully executed. Such agreement shall further provide that the applicant will fully account to the
City for all costs incurred in the construction of any public improvement in which the City is
participating, and the books and records of the applicant relating to such public improvement shall be
open to the City at all reasonable times for the purpose of auditing or verifying such costs. Such
agreement (and any amendments thereto) shall be recorded by the City with the Larimer County
Clerk and Recorder with all recording costs to be paid to the City by the applicant.
(C) Development Guarantee and Maintenance and Repair Guarantees.
(1) Construction Security. Prior to the issuance of a Development Construction Permit for a new
development, the developer must provide to the City a guarantee in the form of a development
bond, performance bond, letter of credit, cash, certificate of deposit or other city-approved
means to guarantee the completion of all public improvements to be constructed as shown on
the approved plans for the development (hereafter referred to as the "construction security").
The amount of the construction security shall be equal to the total cost of the developer's
portion of the public improvements, as estimated by the developer and approved by the City
Engineer. As progress is made on the construction of the new public infrastructure, the
developer may request a reduction in the amount of construction security in proportion to the
actual completion percentage of the installed infrastructure. However, draws upon such
construction security shall not exceed the actual cost of completing a deficient development
project or making any necessary repairs. Upon receipt of such a request, the City shall verify
the completion percentage and permit the substitution of an approved construction security
instrument in an amount equal to the cost of the developer's portion of the remaining public
improvements.
(2) Maintenance/Repair Security. The plat shall contain a two-year maintenance guarantee and a
five-year repair guarantee covering all errors or omissions in the design and/or construction.
Said guarantees shall run concurrently and shall commence upon the date of completion of the
public improvements and acceptance by the City, as described in paragraph 2.2.3(C)(3)
(Execution of Plats/Deeds; Signature Requirements). If a plat is not required or if the plat does
not include the entire area being developed, then said maintenance and repair guarantees shall
be established in a development agreement. Security for the maintenance guarantee and the
repair guarantee (hereinafter referred to as the "maintenance/repair security") shall be in the
form of a bond, letter of credit, cash, certificate of deposit, an extension of the security as
provided in paragraph (1) above or other city-approved means to secure said maintenance and
repair. The amount of the maintenance/repair security during the maintenance guarantee period
shall be based on a percentage of the cost of the public improvements. Said percentage shall
be determined by the City Engineer based on the potential costs of repairs within the
development and shall not exceed twenty-five (25) percent. At the conclusion of the two-year
maintenance/repair period, representatives of the City and the developer shall jointly conduct an
inspection of the development for the purpose of identifying any repairs or maintenance actions
necessary before transfer of the maintenance responsibility from the developer to the City.
Upon satisfactory completion of said repairs or maintenance actions, the City will assume the
responsibility for maintaining the streets and other improvements which have been dedicated to
the City.
(3) Maintenance/Repair Security Extension. Whether maintenance/repair security must be
provided by the developer for the remaining three (3) years of the repair guarantee period shall
depend upon the condition of the streets and other public infrastructure within the development.
The developer shall not be required to provide such additional maintenance/ repair security for
streets or infrastructure that, upon inspection by the City Engineer, are found not to exhibit any
evidence of deterioration or defect (including, without limitation, excessive cracking,
settlements, deflections, rutting, potholes or other similar defects), other than normal wear and
tear. However, if evidence of such deterioration or defect is exhibited, then the existing
maintenance/repair security shall be required to be renewed, or a new security shall be required
for the final three (3) years of the repair guarantee period. The amount of the maintenance/
repair security during the repair guarantee period shall be based on a percentage of the cost of
the public improvements. Said percentage shall be determined by the City Engineer based on
the potential costs of repairs within the development, shall not exceed twenty-five (25) percent,
and may be adjusted if appropriate during the guarantee period.
(4) Affordable Housing Security Exemption. Notwithstanding the security requirements contained
in subparagraphs (1), (2) and (3) above, applications for the construction of affordable housing
projects shall be totally or partially exempt from such security requirements according to the
following criteria:
(a) The security authorized under this subsection (C) shall be entirely waived for development
projects in which one hundred (100) percent of the dwelling units qualify as affordable
housing units for sale or for rent.
(b) The security authorized under this subsection (C) shall be reduced in direct proportion to
the percentage of affordable housing units for sale or for rent that are provided in the
development project (within the authorized waiver range of ten [10] percent to one hundred
[100] percent), in accordance with the following formula:
number of affordable housing units ÷ total number of housing units x total security
required = amount of security waived
(c) The security authorized under this subsection (C) shall not be reduced if less than ten (10)
percent of the dwelling units within the project qualify as affordable housing units for sale or
for rent.
(d) In order to determine whether a development project is eligible for a waiver or reduction of
fees under this subparagraph (4), any applicant seeking such waiver or reduction must
submit documentation evidencing the eligibility of the development project to the City
Engineer, who may, upon review of such documentation, reduce the amount of said
security in accordance with this subparagraph (4). Prior to the issuance of any certificate of
occupancy for the development project, a final determination shall be made by the City
Engineer as to whether the development project qualifies for a waiver or reduction of the
security. In the event that the City Engineer determines that the development project does
not so qualify, security shall be increased to the level required in the applicable
subparagraph (1), (2) or (3) above, and the security shall be deposited with the city prior to
the issuance of the first certificate of occupancy.
(D) Required Improvements Prior to Issuance of Building Permit. The following improvements shall
be required prior to the issuance of a Building Permit, unless otherwise specified in the development
agreement:
(1) Survey Monuments. The applicant shall provide survey monuments as required by Articles 51
and 53, Title 38, C.R.S.
(2) Sanitary Sewers. The applicant shall provide adequate lines and stubs to each lot as required
by the current standards of the utility provider (if not the city) or current city design criteria and
construction standards, whichever is applicable.
(3) Water Mains. The applicant shall provide adequate mains and stubs to each lot as required by
the current standards of the utility provider (if not the city) or current city design criteria and
construction standards, whichever is applicable.
(4) Fire Hydrants. The applicant shall provide sufficient fire hydrants as required according to the
Fire Code.
(5) Stormwater Drainage. The applicant shall provide stormwater facilities and appurtenances as
required by Section 26-544 of the City Code and, where applicable, such facilities shall conform
to Section 10-37 of the City Code.
(6) Streets, Alleys and Paths. The applicant shall provide street improvements necessary to serve
the lot or lots in accordance with Section 24-95 of the City Code.
(7) Utilities (including, without limitation, communications, electric power, gas, water, sewer).
Except as hereafter provided, all new utility facilities on or adjoining the development shall be
installed underground and, if located in a street or alley, shall be installed, inspected and
approved in accordance with the permit required pursuant to Section 23-16 of the City Code,
prior to the completion of street or alley surfacing. To the extent feasible, the undergrounding of
utilities shall be planned, coordinated and installed in an orderly fashion from deepest to
shallowest. Aboveground facilities necessarily appurtenant to underground facilities shall be
allowed, but shall be located outside of the parkway area that is between the street and
sidewalk where detached sidewalks exist and, in all circumstances, shall be located at least two
(2) feet behind the back of the sidewalk, or if there is no sidewalk, behind the edge of the
pavement. Roadway lighting fixtures with their poles and junction boxes, as well as traffic
signals with their controller cabinets, are exempt from this requirement. Any aboveground
facilities shall be located so as to not cause a sight obstruction for vehicular, pedestrian or
bicycle traffic. In addition, all existing overhead utilities located on the development site, or
adjoining the development site in public rights-of-way or utility easements, whether they serve
the development or not, shall be relocated underground when such relocation is an incidental
conversion associated with other public improvements in conjunction with the development
project.
Exceptions:
(a) New or existing overhead utility facilities shall be allowed if they:
1. are electric transmission lines above forty (40) kilovolts nominal, or
2. are temporary in nature for the purpose of servicing construction or lands not
developed to urban qualifications, or
3. are required to be installed on a temporary basis while an underground utility facility is
being repaired, or
4. are necessary to span natural barriers such as canyons, rivers or boulder fields where
an underground installation would be extremely impractical.
(b) Existing overhead utility facilities shall be allowed if they:
1. are capable of serving only territories anticipated to be annexed to the city in the
future, or
2. traverse the periphery of the development for a distance less than four hundred (400)
feet (and provided that the developer has installed conduit to accommodate future
undergrounding), or
3. are distribution lines which will be removed upon future development, or
4. are electric distribution circuits of utilities that do not provide electric service to
persons within the city.
(E) Required Improvements Prior to Issuance of Certificate of Occupancy.
(1) The following improvements shall be required prior to the issuance of a certificate of
occupancy. In cases where the strict interpretation of this provision would place undue hardship
upon the person requesting the certificate of occupancy, and the health, safety and welfare of
the public would not be placed at risk, he or she may be permitted to establish an escrow
account in an amount acceptable to the Director which will cover the costs of completion of the
required improvements and the maintenance of any incomplete street sections which might be
involved. The amount so placed in escrow shall be available to ensure to the city that the
subject improvements are installed in the event that the person requesting the certificate of
occupancy fails to install the same as agreed:
(a) Sidewalks. All on-site sidewalks shall be installed as required by city specifications.
(b) Street signs . All street signs shall be installed as required by the Traffic Operations
Engineer and shall conform to the Manual of Uniform Traffic Control Devices.
(c) Streets, alleys and paths . All streets shall be paved with curbs and gutters installed in
accordance with the approved utility plans. All alleys and paths required to be constructed
by the city shall be paved. In cases where a previously existing street which has not been
brought up to city specifications is located within a subdivision, such street shall be paved
with curbs and gutters installed in order to meet city specifications. All streets existing
within ownership of the lands which make up any subdivision shall be shown on the
subdivision plat. If any subdivision is located adjacent to any existing street right-of-way,
the applicant shall improve local streets to the full width and collector and arterial streets to
one-half (½) width except as is otherwise provided herein below, with pavement, curb,
gutter, sidewalk and any other required street improvements as necessary to bring such
street up to city specifications. Notwithstanding the foregoing, collector and arterial streets
shall be constructed to such specifications as shall be necessary in the judgment of the
City Engineer based upon traffic safety considerations, and taking into account the traffic
impact of the development upon such arterial or collector street. No such arterial street
shall be constructed to a width of less than thirty-six (36) feet.
(d) Streetlights . All streetlights shall be installed as required according to city specifications.
(e) Drainage. The construction of stormwater drainage facilities required by the approved
Development Plan Documents must be consistent with the Stormwater Criteria Manual as
it may be modified from time to time. Such stormwater drainage facility must be verified by
an authorized City inspector at the appropriate phases of construction activities as
specified in the Development Certification Checklist issued by and available from the
Department, including but not limited to the following:
(1) Porous Pavers:
(a) Installation must be verified via inspection by an authorized City inspector at the
point of installation of the outlet, underdrain, geomembrane layer, if included in
whole or in part in the design detail set forth in the Development Plan
Documents, and sub-base course.
(b) Installation of this facility must be verified via inspection by an authorized City
inspector at the point of installation of the pavers and joint fill material.
(2) Bioretention Cells, Rain Gardens, and/or Sand Filters:
(a) Installation of this facility was verified via inspection by an authorized City
inspector at the point of installation of the outlet, underdrain and geomembrane
layer, if included in whole or in part in the design detail set forth in the
Development Plan Documents, and base course.
(b) Installation of this facility was verified via inspection by an authorized City
inspector at the point of installation of the pea gravel course and sand or growing
media layer course.
(3) Extended Detention Basins: Installation of this facility was verified via inspection by
an authorized City inspector at the point of installation of the water quality control
box(es).
(4) Underground Treatment: Installation of this facility was verified via inspection by an
authorized City inspector at the point at which the feature is installed but not buried.
In the event of non-compliance, the City shall have the option to withhold building
permits and/or certificates of occupancy or use any other legal remedy that may be
provided in the City Code, the Land Use Code and/or the Development Agreement, as
determined appropriate to ensure that the Developer properly installs all privately
owned stormwater improvements associated with the development as specified in the
Development Plan Documents.
In addition, a "Drainage Certification" prepared by a Professional Engineer licensed in
the State of Colorado must be provided. The "Certification" must confirm to the City
that all stormwater drainage facilities required to serve the property have been
constructed in conformance with the approved Development Plan Documents so as to
protect downstream property and the quality of Stormwater runoff from the property to
comply with the City's Municipal Separate Storm Sewer System permit. Such
certification must be in the form required by the City's Stormwater Criteria Manual and
Construction Standards.
(f) Other . All other improvements required as a condition of approval of the plat shall be
completed.
(g) Where applicable, the person requesting a certificate of occupancy shall be required to
conform to the provisions of Section 10-38 of the City Code by submitting a post-
construction floodproofing elevation certificate to the Utilities Executive Director for the
City's permanent records.
(F) Off-Site Public Access Improvements.
(1) Path Improvements. All developments must have adequate access to the City's Improved
Arterial Street Network, as described below, or to a street that connects to the Improved Arterial
Street Network. Exceptions to the foregoing requirements may be granted for streets which
have adequate funds appropriated by the City for improvement to current standards. The
developer of any property which does not have such adequate access to an Improved Arterial
Street or which does not have such adequate access to streets which connect to the Improved
Arterial Street Network, along the primary access routes for the development, shall be required
to improve the impacted intervening streets as follows:
(a) For arterial and collector streets, such improvements shall consist, at a minimum, of
constructing a thirty-six-foot-wide paved street cross section on a base that is adequate to
accommodate the ultimate design of the street either (1) as designated on the Master
Street Plan, or (2) in accordance with the City design criteria for streets, whichever is
applicable.
(b) For all other street classifications, the off-site improvements shall be designed and
constructed to City standards including, without limitation, curb, gutter, sidewalk and
pavement.
(c) All streets that connect to the Improved Arterial Street Network shall include the width and
improvements necessary to maintain a level of service as defined by Part II of the City of
Fort Collins Multi-modal Transportation Level of Service Manual for the length required to
connect to the Improved Arterial Street Network.
Off-site public access improvements shall be required for all primary access routes that
will, in the judgment of the Traffic Engineer, carry the most trips (per travel mode)
generated by the development as defined by the Transportation Impact Study required by
Section 3.6.4. To identify the improvements to be made as a condition of approval of the
development, the City Engineer shall utilize a map entitled the "Improved Arterial Street
Network" depicting, as nearly as practicable, (1) all existing arterial and collector streets in
the City; and (2) the current structural condition of the same. A waiver to these
requirements may be granted by the City Engineer for primary access routes which, in the
judgment of the City Engineer, are in substantial compliance with the City standards
applicable for such routes and are designed and constructed to adequately accommodate
the traffic impacts of the development.
(2) Costs and Reimbursements .
(a) Off-site streets, street intersections, sidewalks, alleys, paths or other related
improvements to serve the development site or such improvements along the perimeter of
the development site shall be funded by the developer unless otherwise agreed by the City
Manager, in his or her discretion. The developer (and others providing funding, including
but not limited to the City) may be entitled to request reimbursement under paragraph (b).
(b) The entire cost of such construction (including right-of-way acquisition) shall be the
responsibility of such developer. If, within twelve (12) months of the completion and
acceptance by the City of such improvements, the developer installing such improvements
(the "Funding Developer") has entered into a reimbursement agreement with the City in the
manner prescribed by this Section, then, at the time that other property adjacent to the
improvements (the "Adjacent Property") is developed or redeveloped and access to such
improvements is accomplished or other benefit from such improvements is conferred, the
City may collect from the developer of the Adjacent Property a proportionate charge, based
upon the cost incurred by the Funding Developer, plus an inflation factor, and based upon
the benefit conferred upon the Adjacent Property. For the purpose of this provision, benefit
to the Adjacent Property may include, among other things, the construction of
improvements that will allow the Adjacent Property to be developed in accordance with the
requirements of Section 3.6.4, where, in the absence of the improvements, such
development would not be allowed to proceed. Said charge, if imposed by the City, shall
be paid prior to the issuance of any building permits for the Adjacent Property; provided,
however, that the City shall not attempt to make such collection unless the reimbursement
agreement has been timely and properly prepared, executed and delivered to the City. If
such charge is collected, the City shall reimburse the Funding Developer to the extent of
such collection after deducting a service charge of three (3) percent to cover administrative
costs. All costs for the construction (including right-of-way acquisition) of such
improvements must be fully paid by the Funding Developer before such person shall be
entitled to reimbursement under any agreement established hereunder. The amount of the
reimbursement assessed by the City for each Adjacent Property as it develops shall be
based on: (1) The fair market value (as determined by the City) of any right-of-way
acquired by the Funding Developer that was needed for, and is directly attributable to, the
improvements; and (2) The original cost of design and construction of the improvements
plus an adjustment for inflation based on the construction cost index for Denver, Colorado,
as published monthly by "Engineering News Record." (If said index shows deflation, the
adjustment shall be made accordingly, but not below the original cost as submitted by the
Funding Developer and approved by the City Engineer.) The original cost of the right-of-
way and design and construction shall mean the cost of right-of-way acquisition, financing,
engineering, construction and any other costs actually incurred which are directly
attributable to the improvements, including any costs incurred for the formation or
administration of a special improvement district. The City's obligation to reimburse the
Funding Developer shall be contingent upon the City's actual collection of the charge from
the developer of the Adjacent Property. In order to obtain approval of a reimbursement
agreement from the City, the Funding Developer shall provide the City Engineer with
copies of the following, after acceptance of the improvements:
1. real estate closing documents and/or appraisals or other documents showing to the
satisfaction of the City the fair market value of the right-of-way for the improvements;
2. an invoice from the Funding Developer's engineer for any fee assessed on the project;
3. the contractor's application for final payment approved by the Funding Developer's
engineer;
4. a letter from the Funding Developer and/or contractor certifying that final payment has
been received by the contractor;
5. a letter from the Funding Developer and/or engineer certifying that final payment of
engineering fees has been made;
6. a letter from the Funding Developer certifying the portion of the cost which has been
funded by such developer and also any portions funded by others, and naming such
proportionate contributors, if any;
7. a map prepared by a licensed engineer or surveyor which shows:
a. the location of the improvements constructed;
b. the name of the owner of each Adjacent Property which is benefited by the
improvements;
c. the proportionate benefit conferred upon each Adjacent Property, together with
the assessment due based on the original costs;
d. the acreage and parcel number of each Adjacent Property;
e. a reference to the book, page and reception number from the records of the
county Clerk and Recorder where the information for each property was
obtained; and
f. any other information deemed necessary by the City Engineer.
Any right to reimbursement pursuant to this provision shall not exceed a period of
ten (10) years from the acceptance by the City of the street improvements. The
City Council may approve extensions of the reimbursement agreement for
additional ten-year periods. No such reimbursement shall be made unless the
person entitled to reimbursement has fully satisfied his or her obligations under
any other reimbursement agreements with the City.
(G) City Participation in Certain Street Improvements.
(1) If a street within or adjacent to the development is improved as an arterial or collector street
rather than as a local street, the developer making such improvements shall be reimbursed in
accordance with the provisions of Section 24-112 of the City Code.
(2) If an off-site street is improved to a width in excess of thirty-six (36) feet, and provided that
such excess width is not required because of the traffic impacts of the development, the City
Engineer shall compute the extra expense caused by such street being improved to such
excess width. Such extra expense shall be paid by the City out of the Transportation
Improvements Fund established in § 8-87. The City's obligations to participate in such costs
shall be limited to those funds budgeted and appropriated for the payment requested. The
participation of the City shall be limited to the costs of design, construction and right-of-way
acquisition as limited pursuant to Section 24-112 of the City Code and costs of curbs, gutters or
sidewalks exceeding local standards.
(3) If the right to develop has lapsed or been abandoned pursuant to Sections 2.2.10 and 2.2.11
and no extension has been granted, any right to city participation, pursuant to this Section and
Chapter 24 of the City Code, shall be limited to those improvements substantially completed
and accepted by the City Engineer at the time of the termination.
(Ord. No. 90, 1998, 5/19/98; Ord. No. 178, 1998 §5, 10/20/98; Ord. No. 228, 1998 §§16—19, 92,
12/15/98; Ord. No. 99, 1999 §8, 6/15/99; Ord. No. 165, 1999 §18, 11/16/99; Ord. No. 59, 2000 §16,
6/6/00; Ord. No. 183, 2000 §11, 12/19/00; Ord. No. 107, 2001 §20, 6/19/01; Ord. No. 204, 2001 §§14,
15, 12/18/01; Ord. No. 087, 2002 §§6, 7, 6/4/02; Ord. No. 173, 2003 §10, 12/16/03; Ord. No. 198, 2004
§7, 12/21/04; Ord. No. 073, 2008 §5, 7/1/08; Ord. No. 066, 2009 §11, 7/7/09; Ord. No. 068, 2010 §5,
7/6/10; Ord. No. 080, 2011 §2, 9/6/11; Ord. No. 049, 2017 , § 29, 6/6/17; Ord. No. 063, 2018 ,
800 feet
12
square
feet
Zonings and rezonings of more than forty 1,000 feet
12
square