HomeMy WebLinkAbout228 - 12/15/1998 - MAKING VARIOUS AMENDMENTS TO THE LAND USE CODE ORDINANCE NO. 228, 1998
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING VARIOUS AMENDMENTS
TO THE CITY OF FORT COLLINS LAND USE CODE
WHEREAS, on March 18, 1997, by Ordinance No. 51, 1997, the Council of the
City of Fort Collins adopted the Land Use Code; and
WHEREAS, at the time of the adoption of the Land Use Code, it was the
understanding of staff and Council that the Land Use Code would most likely be subject
to future amendments, not only for the purpose of clarification and correction of errors,
but also for the purpose of ensuring that the Land Use Code remains a "fluid" document
capable of responding to issues identified by staff, other land use professionals and
citizens of the City; and
WHEREAS, the staff of the City, the Planning and Zoning Board and the Zoning
Board of Appeals have reviewed the Land Use Code and identified and explored various
issues related to the Land Use Code and have made recommendations to the Council
regarding such issues; and
WHEREAS, the Council has determined that the Land Use Code amendments
which have been proposed are in the best interest of the welfare of the City and its
citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF FORT COLLINS that the Land Use Code be, and hereby is, amended as follows:
Section 1. That Section 1.5.3 of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
1.5.3 Abandonment of Use
If active operations are not carried on in a nonconforming use during a
period of twelve (12) consecutive months, the building, other structure or
tract of land where such nonconforming use previously existed shall
thereafter be occupied and used only for a conforming use. Intent to
resume active operations shall not affect the foregoing. A nonconforming
home occupation business activity shall be considered to be abandoned if
the occupants of the dwelling who were conducting such nonconforming
home occupation business discontinue either their occupancy of the
dwelling or the nonconforming home occupation.
Section 2. That the Land Use Code of the City of Fort Collins is hereby
amended by adding a section, to be numbered 1.6.7, which section reads as follows:
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1.6.7 Abandonment of Use
If active operations are not carried on in an existing limited permitted use
during a period of twelve (12) consecutive months, the building, other
structure or tract of land where such existing limited permitted use
previously existed shall thereafter be occupied and used only for a
permitted use. Intent to resume active operations shall not affect the
foregoing.
Section 3. That Section 2.2.10(A) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
2.2.10 Step 10: Amendments
(A) Minor Amendments. Minor amendments to any approved development
plan, including any Overall Development Plan or Project Development
Plan, or any site specific development plan (except replats) may be
approved, approved with conditions, or denied administratively by the
Director and may be authorized without additional public hearings. Such
minor amendments may be authorized by the Director as long as the
development plan, as so amended, continues to comply with the standards
of this Land Use Code, at least to the extent of its original compliance (so
as to preclude any greater deviation from the standards of this Land Use
Code by reason of such amendments). Minor amendments shall only
consist of any or all of the following:
Section 4. That Section 2.2.10(B) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(B) Major Amendments. Amendments to any approved development plan
(including any Overall Development Plan or Project Development Plan) or
site specific development plan that are not determined by the Director to
be minor amendments 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
Land Use 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 Land Use Code shall
be reviewed and processed in the same manner as required for the original
development plan for which amendment is sought. Any major
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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. Any partial or total abandonment of a development plan or
site specific development plan approved under this Land Use Code, or of
any plan approved under the laws of the city for the development of land
prior to the adoption of this Land Use 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.
Section 5. That Section 2.3.2(H)(4) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(4) 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 also
conform to the Transportation Level of Service
Requirements as contained in Section 3.6.4.
Section 6. That Section 2.3.2(H)(6) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(6) The overall development plan shall show the general
location and approximate size of all natural areas and
features within its boundaries and shall indicate the
applicant's proposed rough estimate of the limits of
development and natural area buffer zones as required
pursuant to Section 3.4.1(C).
Section 7. That Section 2.6.3(C) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(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
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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 Uniform Building Code.
Step 3(D) (Submittal and I tearing Date Schedule): Not applicable.
Step 3(E) (Development Review Fees): Step 3(E)(1) shall apply.
Steps 3(E)(2) and(3) shall not apply.
Section 8. That Section 2.6.3(K) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(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.
Section 9. That Section 2.6.3(L) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(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 2.10; 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 Uniform
Building Code (as adopted and amended by the city) shall be
processed in accordance with Section 5-27(1) of the City Code.
Section 10. That Section 2.8.4(F)(2) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(2) Rezonings of no more than six hundred forty (640) acres
(quasi-judicial): Section 2.2.6(A) shall apply except that
the notice provided for therein shall be mailed at least
seven (7) days prior to the public hearing/meeting date
(instead of fourteen [14] days) and shall identify the
proposed new zoning district(s), as well as the uses
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permitted therein, shall indicate whether a neighborhood
meeting will be held with regard to the proposed rezoning,
and shall inform the recipient of the notice of the name,
address and telephone number of the Director, to whom
questions may be referred with regard to such zoning
change. Section 2.2.6(C) shall apply. Section 2.2.6(B) and
(D) shall not apply.
Section 11. That Section 2.9.2(K) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(K) Step 11 (Lapse): Any hardship variances 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 hardship variance
exceed twelve (12) months in length. One (1) six-month extension
may be granted by the Zoning Board of Appeals.
Section 12. That the Land Use Code of the City of Fort Collins is hereby
amended by adding a section, to be numbered 2.11.4, which section reads as follows:
2.11.4 Annexation of Illegal Uses
Any use that exists on property outside the City and that is not legally permitted
by the county must cease and be discontinued before the City Council adopts, on
second reading, an annexation ordinance annexing any such property except as
provided herein. In the event that a property containing a use that is not legal
pursuant to county regulations is proposed to be annexed into the City and placed
into a zone district wherein such use is a permitted use, said use must be reviewed
and processed as set forth in Article 4 (i.e., Type 1 review or Type 2 review) for
the zone district in which the land is proposed to be located, and shall comply
with the applicable standards contained in Articles 3 and 4. A development
application for such review must be filed with the City within sixty (60) days
following the effective date of the annexation. Such use shall be temporarily
permitted for a period not to exceed six (6) months following the effective date of
the annexation. In the event that the development application is not approved
within said six-month period, then the use shall be discontinued within thirty (30)
days following the date of the decision of denial or expiration of said six-month
period, whichever first occurs, except that the Director may grant one (1)
extension of the foregoing six-month requirement, which extension may not
exceed three (3) months in length. In the event that the development application
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is approved, then such use shall be brought into full compliance with this Land
Use Code and the decision made thereunder by the decision maker within sixty
(60) days following the date of the decision.
Section 13. That Section 3.2.2(K)(1)(g) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
(g) Schools, Places of Worship or Assembly and Child
Care Centers: For each school, place of worship or
assembly and child care center, there shall be one
(1) parking space per four (4) seats in the
auditorium or place of worship or assembly, or two
(2) parking spaces per three (3) employees, or one
(1) parking space per one thousand (1,000) square
feet of floor area, whichever requires the greatest
number of parking spaces. In the event that a
school, place of worship or assembly, or child care
center is located adjacent to uses such as retail,
office, employment, or industrial uses, and the mix
of uses creates staggered peak periods of parking
demand, and the adjacent land owners have entered
into a shared parking agreement, then the maximum
number of parking spaces allowed for a place of
worship or assembly shall be one (1) parking space
per four (4) seats in the auditorium or place of
worship or assembly, and the maximum number of
parking spaces allowed for a school or child care
center shall be three (3) spaces per one thousand
(1,000) square feet of floor area. When staggered
peak period of parking demand do not exist with
adjacent uses such as retail, office, employment or
industrial uses, then the maximum number of
parking spaces allowed for a place of worship or
assembly shall be one (1) parking space per three
(3) seats in the auditorium or place of worship or
assembly, and the maximum number of parking
spaces allowed for a school or child care center
shall be four (4) spaces per one thousand (1,000)
square feet of floor area.
Section 14. That Section 3.2.2(K)(4) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
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(4) Alternative Compliance. Upon written request by the
applicant, the decision maker may approve an alternative
parking ratio (as measured by the number of parking spaces
based on the applicable unit of measurement established in
the table contained in Section 3.2.2(K)(2)(a) for
nonresidential land uses or the number of parking spaces
based on use for recreational and institutional land uses)
that may be substituted in whole or in part for a ratio
meeting the standards of this Section.
Section 15. That Section 3.2.2(L) of the Land Use Code of the City of Fort
Collins is hereby amended by replacing "Figure 5" with the new "Figure 5" attached
hereto as Exhibit "A" and by amending Subsection (4) to read as follows:
(4) Vehicular Overhang. The stall dimensions indicated above
may be modified with respect to vehicular overhang as
indicated in Figure 5, except that compact vehicle spaces
may not be reduced in depth to a dimension that is less than
the required depth indicated above.
Section 16. That Section 3.3.2(B) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(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.
Section 17. That Sections 3.3.2(C)(2) and (3) of the Land Use Code of the City
of Fort Collins are hereby amended to read as follows:
(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
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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.
Section 18. That Section 3.3.2(E)(1) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(E) Off-Site Public Access Improvements.
(1) Streets, Alleys or Paths. All developments must have
adequate access to the city's Improved Arterial Street
Network, as described below, or to a street connecting to
the Improved Arterial Street Network for which adequate
funds have been appropriated by the city for improvement
to Improved Arterial Street Standards. The developer of
any property which does not have such access to an
Improved Arterial Street or to an arterial street with funds
appropriated for improvement as described above, shall be
required to improve the impacted intervening streets as
follows: at a minimum, such streets shall consist of a thirty-
six-foot-wide paved 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, and 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. The off-site street(s) and sidewalks to be
improved shall be the arterial, collector and local street
routes that will, in the judgment of the Director of
Transportation Services, 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 streets to be improved as a condition of
approval of the development, the Director of Transportation
Services shall utilize a map entitled the "Improved Arterial
Street Network" depicting, as nearly as practicable, all
existing arterial and collector streets in the city and the
current structural condition of the same. A waiver to these
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requirements may be granted by the City Engineer for
streets which, in the judgment of the City Engineer, are in
substantial compliance with the city standards applicable
for the street and are designed to adequately accommodate
the traffic impacts of the development.
Section 19. That Section 3.3.2(F)(1) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(F) 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.
Section 20. That Section 3.4.7 of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
3.4.7 Historic and Cultural Resources
(A) Purpose. This Section is intended to ensure that (1) historic sites,
structures or objects are preserved and incorporated into the
proposed development and any undertaking that may potentially
alter the characteristics of the historic property is done in a way
that does not adversely affect the integrity of the historic resource;
and (2) new construction is designed to respect the historic
character of the site and any historic properties in the surrounding
neighborhood. This Section is intended to protect designated or
eligible historic structures and structures in designated historic
districts whether on or adjacent to the project site.
(B) General Standard. If the project contains a site, structure or object
that (1) is determined to be eligible for local landmark designation
or for listing in the National Register of Historic Places; (2) is
officially designated as a local or state landmark, or is listed on the
National Register of Historic Places; or (3) is located within an
officially designated historic district or area, then the development
plan and building design shall provide for the preservation and
adaptive use of the historic resource. The development plan and
building design shall protect and enhance the historical and
architectural value of any such historic property whether on or
adjacent to the project site New buildings must be compatible
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with the historic character of any such historic buildings whether
on the project site or adjacent thereto.
(C) Determination of Landmark Eligibility. The determination of
eligibility for local landmark designation will be made by the
Landmark Preservation Commission after reviewing the actual
construction date (or age of site or object) and photographs of the
historic resource (to be provided by the applicant). A site,
structure or object may be determined to be eligible for local
landmark designation if it meets one (1) or more of the criteria as
described in Section 14-5, "Standards for Designation of Sites,
Structures, Objects and Districts For Preservation" of the City
Code. If a property is determined to be eligible for designation, the
applicant will provide a completed "Historic Resource of Merit
Form" for the property. (Forms are available from the Community
Planning and Environmental Services Department.)
The determination of eligibility for the National or State Register
of Historic Places shall be according to the processes and
procedures of the Colorado Historical Society.
(D) Reuse, Renovation,Alterations and Additions.
(1) Original materials and details, as well as distinctive form
and scale, that contribute to the historic significance of the
structure or neighborhood shall be preserved to the
maximum extent feasible. Rehabilitation work shall not
destroy the distinguishing quality or character of the
property or its environment.
(2) The rehabilitation of buildings and structures shall be in
conformance with the Secretary of the Interior's "Standards
for Rehabilitation and Guidelines for Rehabilitating
Historic Buildings" (available from the Director) or other
adopted design guidelines.
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(E) New Construction.
(1) To the maximum extent feasible, the height, setback and
width of new buildings shall be similar to those of existing
historic buildings on the same block. Where building
setbacks cannot be maintained, elements such as walls,
columns, hedges or other screens shall be used to define the
edge of the site and maintain alignment. Taller buildings or
portions of buildings shall be located interior to the site.
Buildings at the ends of blocks shall be of a similar height
to buildings in the adjoining blocks.
(2) New buildings shall be designed to be in character with
existing historic structures, but not be an imitation of
historic styles. Horizontal elements, such as cornices,
windows, moldings and sign bands, shall be aligned with
those of existing historic buildings to strengthen the visual
ties among buildings. Window patterns of existing
buildings (size, height, number) shall be repeated in new
construction, and the pattern of the primary building
entrance facing the street shall be maintained to the
maximum extent feasible. See Figure 6.
(3) The dominant building material of existing historic
buildings adjacent to or in the immediate vicinity of the
proposed structure shall be used as the primary material for
new construction. Variety in materials can be appropriate,
but shall maintain the existing distribution of materials in
the same block.
(4) Visual and pedestrian connections between the site and
neighborhood focal points, such as a park, school or
church, shall be preserved and enhanced, to the maximum
extent feasible.
(5) To the maximum extent feasible, existing historic and
mature landscaping shall be preserved and when additional
street tree plantings are proposed, the alignment and
spacing of new trees shall match that of the existing trees.
Section 21. That Section 3.5.2(E)(4) of the Land Use Code of the City of Fort
Collins is hereby to read as follows:
(4) Attached and multi-family dwellings which also face a
second street or a major walkway spine shall be exempt
it
from subsections (1) through (3) above. The fayade
oriented to the second street or walkway spine shall
include windows, doorways and a structured transition
from public to private areas using built elements such as
porch features, pediments, arbors, low walls, fences, trellis
work and/or similar elements integrated with plantings.
Section 22. That the Land Use Code of the City of Fort Collins is hereby
amended by adding a section, to be numbered 3.5 2(F), which section reads as follows:
(F) Rear Walls of Multi-Family Garages. To add visual interest and
avoid the effect of a long blank wall with no relation to human
size, accessibility needs, or internal divisions within the building,
the following standards for minimum wall articulation shall apply:
(1) Perimeter Garages.
(a) Length. Any garage located with its rear wall along
the perimeter of a development and within sixty-
five (65) feet of a public right-of-way or the
property line of the development site shall not
exceed fifty-five (55) feet in length. A minimum of
seven (7) feet of landscaping must be provided
between any two (2) such perimeter garages.
(b) Articulation. No rear garage wall that faces a street
or adjacent development shall exceed thirty (30)
feet in length without including at least one (1) of
the following in at least two (2) locations:
I. change in wall plane of at least six (6)
inches.
2. change in material or masonry pattern,
3. change in roof plane,
4. windows,
5. doorways,
6. false door or window openings defined by
frames, sills, and lintels, and/or
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7. an equivalent vertical element that
subdivides the wall into proportions related
to human scale and/or the internal divisions
within the building. (See Figure 9a).
(2) All Garages.
(a) Access Doors. Rear doorways shall be provided as
determined by the decision maker to be reasonably
necessary to allow direct access to living units
without requiring people to walk around the garage
to access their living units. (See Figure 9b).
(b) Articulation. At a minimum, a vertical trim detail
that subdivides the overall siding pattern shall be
provided at intervals not to exceed two (2) internal
parking stalls (approximately twenty [20] to twenty-
four [24] feet). In addition, the articulation
described in Section (1)(b) above is encouraged but
shall not be required.
Section 23. That Section 3.5.3(B)(2) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(2) Orientation to Build-to Lines for Streetfront Buildings.
Build-to lines based on a consistent relationship of
buildings to the street sidewalk shall be established by
development projects for new buildings and, to the extent
reasonably feasible, by development projects for additions
or modifications of existing buildings, in order to form
visually continuous, pedestrian-oriented streetfronts with
no vehicle use area between building faces and the street.
(a) To establish "build-to" lines, buildings shall be
located and designed to align or approximately align
with any previously established building/sidewalk
relationships that are consistent with this standard.
(b) Buildings shall be located no more than fifteen (15)
feet from the right-of-way of an adjoining street if
the street is smaller than a full arterial or has on-
street parking.
(c) Buildings shall be located at least ten (10) and no
more than twenty-five (25) feet behind the street
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right-of-way of an adjoining street that is larger than
a minor arterial that does not have on-street parking.
(d) Exceptions to the build-to line standards shall be
permitted:
1. in order to form an outdoor space such as a
plaza, courtyard, patio or garden between a
building and the sidewalk. Such a larger
front yard area shall have landscaping, low
walls. fencing or railings, a tree canopy,
and/or other similar site improvements along
the sidewalk designed for pedestrian
interest, comfort and visual continuity.
2. if the building is adjacent to a full arterial or
major arterial street, and the Director has
determined that an alternative to the street
sidewalk better serves the purpose of
connecting commercial destinations due to
one (1) or more of the following constraints:
a. high volume and/or speed of traffic
on the adjacent street(s),
b. landform,
C. an established pattern of existing
buildings that makes a pedestrian-
oriented streetfront infeasible.
Such an alternative to the street sidewalk
must include a connecting walkway(s) and
may include internal walkways or other
directly connecting outdoor spaces such as
plazas, courtyards, squares or gardens.
3. in the case of a large building with
employment, vehicle-related or other uses
that have little relationship to pedestrians, or
that have a need to limit ground floor
windows, where the "build-to" line is not
feasible for the entire building. The design
Of such a building shall be permitted to
contribute only a portion of a facade to a
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build-to line by extending at least thirty (30)
percent of one (1) side of the building to a
build-to line. (See Figure 11.)
4. in the case of Large Retail Establishments,
Supermarkets or other anchor-tenant
buildings that face internal connecting
walkways with pedestrian frontage in a
development that includes additional
outlying buildings adjacent to the street(s).
5. if a larger or otherwise non-compliant front
yard area is required by the city to continue
an established drainage channel or access
drive.
Section 24. That Section 3.5.4(C)(3)(b) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
(b) Parking lot location. No more than fifty (50)
percent of the off-street parking area for the lot,
tract or area of land devoted to the large retail
establishment shall be located in the area between
the front facade of the principal building and the
abutting streets (the "Front Parking Area"). The
Front Parking Area shall be determined by drawing
a line from the front corners of the building to the
nearest property corners. If any such line, when
connected to the plane of the front facade of the
building, creates an angle that is greater than one
hundred eighty (180) degrees, then the line shall be
adjusted to create an angle of one hundred eighty
(180) degrees when connected to the plane of the
front facade of the building. If any such line, when
connected to the plane of the front facade of the
building, creates an angle that is less than ninety
(90) degrees, then the line shall be adjusted to create
an angle of ninety (90) degrees when connected to
the plane of the front facade of the building.
Parking spaces in the Front Parking Area shall be
counted to include all parking spaces within the
boundaries of the Front Parking Area, including (i)
all partial parking spaces if the part inside the Front
Parking Area boundary lines constitutes more than
one-half (1/2) of said parking space and (ii) all
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parking spaces associated with any pad sites located
within the Front Parking Area boundaries.
Section 25. That Section 3.6.3(C) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(C) Spacing of Full Movement Collector and Local Street
Intersections With Arterial Streets. Potentially signalized, full-
movement intersections of collector or local streets with arterial
streets shall be provided at least every one thousand three hundred
twenty (1320) feet or one-quarter ('/a) mile along arterial streets,
unless rendered infeasible due to unusual topographic features,
existing development or a natural area or feature.
The State Highway Access Control Code or specific access control
plan adopted according to that code shall determine the location of
collector or local streets intersections with State highways.
Section 26. That Section 3.7.2(A) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(A) Development Approval Criteria. No development for any site
within the city limits shall be approved unless it meets the
following minimum requirements:
Section 27. That Section 3.8.1 of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
Accessory buildings, structures and uses (when the facts, circumstances and
context of such uses reasonably so indicate) may include but are not limited to the
following:
Section 28. That Section 3.8.7(C)(1)(d)3. of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
3. When a development has no frontage on an
arterial road, identification signs may be
located along collector streets adjacent to the
development, except that no more than one
(1) such sign shall be permitted along any
collector street adjacent to the development.
Section 29. That Section 3.8.7(G) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
16
Type of street Y distances X distances Safe sight distance
(feet) (feet) (feet) (feet)
Right 135
Arterial Left 270 15 500
Right 120
Collector Left 220 15 400
Right 100
Local Left 150 15 300
Section 30. That Section 3.8.15 of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
3.8.15 Housing Model Variety
An applicant for a building permit for a single-family or two-family
dwelling shall affirm and certify in the application that the dwelling which
is the subject of the building permit does not adjoin a lot with the same
housing model, if on the same block face. This requirement shall not
apply to single-family or two-family dwellings on lots created pursuant to
the zone district and land use regulations in effect on March 27, 1997.
Section 31. That Section 3.8.18(B)(1)(g) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
(g) land dedicated to landscaped traffic circles, squares,
islands and boulevard strips separating the travel
lanes of collector or local streets, provided that such
features have the following minimum width
dimensions:
Section 32. That Section 3.8.21 of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
3.8.21 Organic Soil Amendments
Prior to installation of turf grass and/or other plant materials in areas that
have been compacted or disturbed by construction activity, such areas
shall be thoroughly loosened, and organic soil amendments (such as
compost, peat or aged manure) shall be thoroughly incorporated into the
soil of such areas at a rate of at least three (3) cubic yards of soil
amendment per one thousand (1,000) square feet of turf grass and/or area
to be planted.
17
Prior to the issuance of any certificate of occupancy, the recipient of such
certificate of occupancy shall affirm and certify, in writing, that the turf
grass and/or other planted areas that have been compacted or disturbed by
construction activity have received the required loosening and soil
amendment or that legally binding commitments have been made to install
such soil amendment prior to installation of such turf grass and/or other
plant materials.
This requirement shall not apply to development established pursuant to
the zone district and land use regulations in effect on March 27, 1997.
Section 33. That the Land Use Code of' the City of Fort Collins is hereby
amended by adding a section, to be numbered 3.8.22, which section reads as follows:
3.8.22 Dog Day-care Facility Regulations
(A) All services provided by a dog day-care facility shall be conducted within
a completely enclosed, soundproof building.
(B) All dog day-care facilities shall be designed and constructed in a manner
that eliminates any emission of odor offensive to persons owning,
occupying or patronizing properties adjacent to such facilities.
Section 34. That the Land Use Code of the City of Fort Collins is hereby
amended by adding a section, to be numbered 3.8.23, which section reads as follows:
3.8.23 Mobile Home Park Regulations
Mobile Home Parks shall be developed in accordance with the applicable
general development standards contained in Article 3, the applicable
district standards contained in Article 4, and the regulations contained in
Chapter 18 of the Code of the City.
Section 35. That the Land Use Code of the City of Fort Collins is hereby
amended by adding a section, to be numbered 3.8.24, which section reads as follows:
3.8.24 Composting.
(A) Composting facilities shall be located at least six hundred sixty (660) feet
from any land located in the R-L, L-M-N, or M-M-N zone districts and/or
any residential use (except a residential use occupied by the owner,
operator or any employee of such composting facility) as such zone
districts or residential uses exist at the time of the establishment of such
composting facility.
18
(B) Composting facilities shall contain and treat on-site, all water run-off that
comes into contact with the feedstocks or compost, in such manner that the
run-off will not contaminate surface or ground water.
(C) Composting facilities shall not be located in any floodway.
(D) No composting facility shall commence operation until a nuisance
condition control plan, specifying all measures to be taken to control
nuisance conditions (such as odor, ❑oise, scattered solid waste, dust or
vectors) has been approved by the Director.
Section 36. That Section 4.1(13)(3)(d) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(d) Industrial Uses:
1. Resource extraction,processes and sales.
2. Composting facilities.
Section 37. That Section 4.4(13)(2)(b) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(b) Institutional/Civic/Public Uses:
1. Places of worship or assembly.
2. Public and private schools for college,
university, vocational and technical
education, provided they are located within
five hundred (500) feet of East Vine Drive.
3. Public facilities.
4. Parks, recreation and other open lands,
except neighborhood parks as defined by the
Parks and Recreation Policy Plan.
5. Cemeteries.
6. Community facilities.
7. Neighborhood support/recreational facilities.
19
Section 38. That Section 4.9(B) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(B) Permitted Uses.
(1) The following uses are permitted in the T District:
(a) No use shall be permitted of properties in the T
District except such use as existed on the date the
property was placed into this zone district. No
permanent structures shall be constructed on any
land in this District, except that at the time of
zoning or rezoning of the property into this District
the City Council may grant a variance permitting
the installation or enlargement of a permanent
structure containing a use which was existing, or is
ancillary to the use of the property, at the time of
such zoning or rezoning upon the following
conditions:
l. The owner of the property, prior to the City
Council meeting at which the zoning or
rezoning is to be heard, shall submit a site
plan showing in reasonable detail the
existing and proposed uses of such property.
2. The City Council shall grant such variance
only upon a finding that the strict
application of this Land Use Code relating
to nonconforming uses would result in
exceptional or undue hardship upon the
owner of the property and that the variance
may be granted without substantial
detriment to the public good and without
substantially impairing the intent and
purposes of the nonconforming use
provisions of this Land Use Code.
(b) After the property has been placed in the T District,
the Zoning Board of Appeals may grant a variance
in accordance with Division 2.9 and subject to the
criteria established for the City Council in
subparagraphs (B)(1)(a)l. and 2. of this Division
permitting installation or enlargement of a
permanent structure containing a use which was
20
existing at the time the property was placed in this
District, or containing a use which is ancillary to
such existing use.
(2) The owner of any property in the T District may at any time
petition the city to remove the property from this zone
district and place it in another zone district. Any such
petition shall be referred to the Planning and Zoning Board
to be considered at the next regular meeting of such board
which is scheduled at least fifteen (15) days from the date
the petition is filed with the City Clerk. Within sixty (60)
days from the date the matter is considered by the board,
the City Council shall change the zoning for the property in
question to another zone district authorized under this
Article.
(3) Any use which was non-conforming upon a parcel prior to
placement into this zone district shall continue to be non-
conforming upon removal of such parcel or property from
this zone district unless such parcel is placed into a zone
district where such use is listed as a permitted use.
Section 39. That Section 4.10(B)(2) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(2) The following land uses are permitted in the P-O-L District,
subject to administrative review:
(a) Institutional/Civic/Public Uses:
1. Parks. recreation and open lands, except
neighborhood parks as defined by the Parks
and Recreation Policy Plan.
2. Cemeteries.
3. Public facilities.
(b) Industrial Uses.
1. Composting facilities.
(c) Accessory/Miscellaneous Uses:
1. Agricultural activities.
21
2. Wireless telecommunication equipment.
3. Wireless telecommunication facilities.
Section 40. That Section 4.11(13)(2) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(2) The following uses arc permitted in the R-C District subject
to administrative review:
(a) Residential Uses:
1. Single-family detached dwellings on lots
forty (40) acres or larger.
(b) Institution al/Public/Civic Uses:
1. Public facilities.
2. Parks, recreation and open lands, except
neighborhood parks as defined by the Parks
and Recreation Policy Plan.
(c) Industrial Uses.
1. Composting facilities.
(d) Accessory/Miscellaneous Uses:
1. Farm animals.
2. Agricultural activities.
Section 41. That Section 4.11(E)(4)(e)3. of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
3. Unclad chain link fences that are visible
from public areas, arterial or collector
streets, are prohibited.
Section 42. That part B of the chart contained in Section 4.12(B)(2) of the
Land Use Code of the City of Fort Collins is hereby amended to read as follows:
22
P.
a H
w
Places of worship or Not Permitted Type I Not Permitted
assembly
Public and private BP Type I Type 1
schools (colleges,
universities, vocation
training)
Public and private Type 2 Type 2 Type 2
schools (elementary,
intermediate and high
school education)
Community facilities Type 1 Type 1 Type 1
Conference/ BP Type 2 Type 2
convention center
Long-term care Type 2 Type 2 Type 2
facilities
Public facilities BP Type I Type 1
Parks, recreation and Type 1 Type 1 Type I
other open lands,
except neighborhood
parks as defined by
the Parks and
Recreation Policy
Plan
Transit facilities Type 2 Type 2 Type 2
(without
repair/storage)
Jails, detention and Not Permitted Not Permitted Type 2
penal centers
KA-
>Section 43. That Section 4.13(13)(2)(a) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
23
(2) The following uses are permitted in the R-D-R District,
subject to administrative review:
(a) Residential Uses:
l. Single-family attached dwellings.
2. Single-family detached dwellings containing
no more than eight hundred (800) square
feet of floor area, constructed on lots which
contain existing dwellings.
3. Two-family dwellings.
4. Multi-family dwellings.
5. Group homes for up to eight (8)
developmentally disabled or elderly persons.
6. Mixed-use dwelling units.
Section 44. That Section 4.13(B)(3)(a) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
(3) The following uses are permitted in the R-D-R District,
subject to Planning and Zoning Board review:
(a) Residential Uses:
1. Group homes other than those in 2(a) above.
2. Boarding and rooming houses.
Section 45. That Section 4.14(B)(2)(a) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
(2) The following uses are permitted in the C-C District,
subject to administrative review:
(a) Residential Uses:
1. Single-family attached dwellings.
2. Two-family dwellings.
24
3. Multi-family dwellings.
4. Group homes.
5. Boarding and rooming houses.
6. Mixed-use dwelling units.
Section 46. That Section 4.14(B)(2)(c) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
(c) Commercial/Retail Uses:
1. Bed and breakfast establishments.
2. Standard restaurants.
3. Fast food restaurants.
4. Clubs and lodges.
5. Health and membership clubs.
6. Funeral homes.
7. Grocery stores.
8. Personal and business service shops.
9. Convenience retail stores without fuel sales.
10. Offices, financial services and clinics.
11. Artisan and photography studios and
galleries.
12. Equipment rental establishments (without
outdoor storage).
13. Retail establishments.
14. Limited indoor recreation establishments.
15. Gasoline stations.
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16. Bars and taverns.
17. Veterinary facilities and small animal
clinics.
18. Lodging establishments.
19. Child care centers.
20. Open-air farmers markets.
21. Dog day-care facilities.
Section 47. That Section 4.14(B)(3)(a) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
(a) Residential Uses:
1. Fraternity and sorority houses.
Section 48. That Section 4.15(B)(2)(a) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
(a) Residential Uses:
1. Single-family detached dwellings on lots
containing less than six thousand (6,000)
square feet.
2. Two-family dwellings.
3. Single-family attached dwelling.
4. Multi-family dwellings.
5. Group homes for up to eight (8)
developmentally disabled or elderly persons.
6. Boarding and rooming houses.
7. Mixed-use dwelling units.
Section 49. That Section 4.15(B)(2)(c) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
26
(c) Commercial/Retail Uses:
1. Bed and breakfast establishments.
2. Standard and fast food restaurants.
3. Grocery stores.
4. Personal and business service shops.
5. Offices, financial services and clinics.
6. Clubs and lodges.
7. Bars and taverns.
8. Funeral homes.
9. Artisan and photography studios and
galleries.
10. Open-air farmers markets.
11. Entertainment facilities and theaters.
12. Convenience retail stores without fuel sales.
13. Limited indoor recreation establishments.
14. Veterinary facilities and small animal
clinics.
15. Retail establishments.
16. Lodging establishments.
17. Child care centers.
18. Dog day-care facilities.
Section 50. That Section 4.15(B)(3)(a) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
(a) Residential Uses:
27
1. Group homes, other than allowed in
subparagraph (2)(a)6 above.
Section 51. That Section 4.16(B)(2)(a) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
(a) Residential Uses:
1. Single-family attached dwellings.
2. Two-family dwellings.
3. Group homes.
4. Multi-family dwellings.
5. Mixed-use dwelling units.
Section 52. That Section 4.16(B)(2)(c) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
(c) Commercial/Retail Uses:
1. Bed and breakfast establishments.
2. Standard and fast food restaurants.
3. Grocery stores.
4. Personal and business service shops.
5. Offices. financial services and clinics.
6. Artisan and photography studios and
galleries.
7. Health and membership clubs.
8. Entertainment facilities and theaters.
9. Lodging establishments.
10. Clubs and lodges.
11. Limited indoor recreation establishments.
28
12. Convenience retail stores without fuel sales.
I Veterinary facilities and small animal
clinics.
14. Child care centers.
15. Dog day-care facilities.
Section 53. That Section 4.16(B)(3)(a) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
(a) Residential Uses:
1. Boarding and rooming houses.
2. Single-family detached houses located on
lots containing no more than six-thousand
(6,000) square feet.
3. Fraternity and sorority houses.
Section 54. That Section 4.16(D) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(D) Development Standards.
(1) Prospect Road Streetscape Program.
(a) All development in this zone district that is located
within the planning area for the Prospect Road
Streetscape Program shall also comply with the
Prospect Road Streetscape Standards as adopted by
the city, to the extent that such Standards apply to
the property proposed to be developed.
(2) Streets and Connections.
(a) To the extent reasonably feasible, the layout of new
streets and walkways on-site shall emphasize the
characteristics and views of the River landscape
utilizing special street design features such as
divided lanes, landscape islands, curb bulges and
29
landscape solutions to drainage instead of standard
curb and gutter.
(3) Buildings.
(a) Massing and placement.
1. Height/Mass. The maximum building
height shall be three (3) stories. If multi-
story buildings are included in a
development, such buildings shall be
designed to step down to one (1) story
directly adjacent to the natural area
protection buffer.
2. Parking lots. Buildings shall be sited so that
any new parking lots and vehicle use areas
are located in either: 1) interior block
locations between buildings that face the
street and buildings that face the River, or 2)
side yards.
3. Frequent views/access. No building wall
shall exceed one hundred twenty-five (125)
feet on the axis along the River.
(b) Character and image.
1. Outdoor spaces. Buildings and extensions
of buildings shall be designed to form
outdoor spaces such as balconies, arcades,
terraces. decks or courtyards, and to
integrate development with the landscape to
the extent reasonably feasible.
2. Windows. Windows shall be individually
defined with detail elements such as frames,
sills and lintels, and placed so as to visually
establish and define the building stories and
establish human scale and proportion. Glass
curtain walls and spandrel-glass strip
windows shall not be used as the
predominant style of fenestration for
buildings in this District. This requirement
shall not serve to restrict the use of atrium,
30
lobby or greenhouse-type accent features
used as embellishments to the principal
building.
3. Rooflines. A minimum pitch of 8:12 shall
be used for gable and hip roofs to the
maximum extent feasible. Where hipped
roots are used alone, the minimum pitch
shall be 6:12. Flat-roofed buildings shall
feature three-dimensional cornice treatment
on all walls facing streets, the River or
connecting walkways, unless they are
stepped and terraced back to form a usable
roof terrace area(s). A single continuous
horizontal roofline shall not be used on one-
story buildings except as part of a design
style that incorporates corbelled masonry
and/or cornices.
(c) Color/Materials.
1. Predominant building colors shall be
subdued or neutral shades, within a medium
or moderately dark range of value, and not
white or reflective.
2. Textured unit masonry such as brick, stone
and tinted, variously textured concrete
masonry units, as well as treated wood
siding, shall be used in repeating pattern as
integral parts of the building fabric to the
maximum extent feasible. Any other
exterior materials, if used, shall be used as
integral parts of the overall building fabric,
in repeating modules, proportioned both
horizontally and vertically to relate to
human scale, and with enough depth at
joints between architectural elements to cast
shadow,;.
(4) Site Design.
(a) Landscaping/Vegetation Protection. The natural
qualities of the River landscape shall be maintained
and enhanced using plants and landscape materials
31
native to the River corridor in the design of site and
landscape improvements.
Section 55. That Section 4.17(B)(2)(a) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
(a) Residential Uses:
1. Single-family attached dwellings.
2. Two-family dwellings.
3. Multi-family dwellings.
4. Group homes.
5. Boarding and rooming houses.
6. Mixed-use dwelling units.
Section 56. That Section 4.17(B)(2)(c) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
(c) Commercial/Retail Uses:
1. Bed and breakfast establishments.
2. Standard and fast food restaurants.
3. Convenience retail stores without fuel sales.
4. Convenience retail stores with fuel sales.
5. Personal and business service shops.
6. Offices. financial services and clinics.
7. Artisan and photography studios and
galleries.
8. Retail establishments.
9. Retail stores with vehicle servicing.
10. Limited indoor recreation establishments.
32
11. Vehicle minor repair, servicing and
maintenance establishments.
12. Equipment rental establishments (without
outdoor storage).
13. Equipment, truck and trailer rental.
14. Lodging establishments.
15. Frozen food lockers.
16. Funeral homes.
17. Gasoline stations.
18. Health and membership clubs.
19. Open-air farmers markets.
20. Plant nurseries and greenhouses.
21. Plumbing, electrical and carpenter shops.
22. Clubs and lodges.
23. Veterinary facilities and small animal
clinics.
24. Dog day-care facilities.
Section 57. That Section 4.17(B)(3) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(3) The following uses are permitted in the C District, subject
to review by the Planning and Zoning Board:
(a) Institution a I/C iv ic/Public Uses:
1. Public and private schools, including
colleges, universities, vocational and
technical training.
2. Community facilities.
33
3. Hospitals.
(b) Commercial/Retail Uses:
1. Drive-in restaurants.
2. Recreational uses.
3. Large retail establishments.
4. Vehicle major repair, servicing and
maintenance establishments.
5. Vehicle and boat sales and leasing
establishments with outdoor storage.
6. Enclosed mini-storage.
7. Retail and supply yard establishments with
outdoor storage.
8. Parking lots and parking garages (as a
principal use).
9. Child care centers.
10. Unlimited indoor recreational uses and
facilities.
(c) Industrial Uses.
1. Composting facilities.
Section 58. That Section 4.17(E) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(E) Development Standards.
(1) Prospect Road Streetscape.
(a) All development in this zone district that is located
within the planning area for the Prospect Road
Streetscape Program shall also comply with the
Prospect Road Streetscape Program Standards
34
contained in that document as adopted by the city,
to the extent that such Standards apply to the
property proposed to be developed.
(2) Site Design.
(a) Pedestrian-oriented outdoor spaces shall be placed
next to activity areas that generate the users (such as
street corners, shops, stores, offices, day care and
dwellings). Because liveliness created by the
presence of people is the main key to the
attractiveness of such spaces, to the maximum
extent feasible, the development shall link outdoor
spaces to and make them visible from streets and
sidewalks. Sculpture, kiosks or shelters are
encouraged to be prominently placed in outdoor
spaces.
(b) In multiple-building developments, outdoor spaces
and landscaped areas shall be integral to an open
space system in conjunction with streets and
connections, and not merely residual areas left over
after buildings and parking lots are sited.
Section 59. That Section 4.18(13)(2)(a) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
(a) Residential Uses:
1. Single-family detached dwellings located on
lots containing less than six thousand
(6,000) square feet.*
2. Two-family dwellings.*
3. Single-family attached dwellings.*
4. Multi-family dwellings.*
5. Group homes.*
6. Boarding and rooming houses.*
7. Mixed-use dwelling units.
35
* Not allowed within two hundred(200) feet of North College Avenue.
Section 60. That Section 4.18(B)(2)(c) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
(c) Commercial/Retail Dses:
1. Bed and breakfast establishments.
2. Standard and fast food restaurants.
3. Clubs and lodges.
4. Convenience retail stores without fuel sales.
5. Convenience retail stores with fuel sales.
6. Personal and business service shops.
7. Gasoline stations.
8. Offices. financial services and clinics.
9. Artisan and photography studios and
galleries.
10. Retail establishments.
11. Retail stores with vehicle servicing.
12. Vehicle minor repair, servicing and
maintenance establishments.
13. Major vehicle repair, servicing and
maintenance establishments.
14. Vehicle and boat sales establishments with
outdoor storage.*
15. Equipment rental establishments (without
outdoor storage).
16. Equipment, truck and trailer rental
establishments.
36
17. Limited indoor recreation establishments.
18. Bars, taverns and nightclubs.
19. Entertainment facilities and theaters.
20. Funeral homes.
21. Retail and supply yard establishments with
outdoor storage.
22. Parking lots and parking garages (as a
principal use).
23. Veterinary facilities and small animal
clinics.
24. Veterinary hospitals.
25. Health and membership clubs.
26. Recreational uses.
27. Plant nurseries and greenhouses.
28. Enclosed mini-storage facilities, if located at
least two hundred (200) feet from North
College Avenue.
29. Plumbing, electrical and carpenter shops.
30. Lodging establishments.
31. Child care centers.
32. Unlimited indoor recreational uses and
facilities.
33. Dog day-care facilities.
* Automobile sales and rental uses shall be limited to ten (10) percent of the total linear
frontage of both sides of North College Avenue between Vine Drive and the northern city
limits or the intersection of North College Avenue and State Highway 1, whichever
results in the shortest linear distance.
37
Section 61. That Section 4.18(B)(2)(d) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
(d) Industrial Uses:
1. Warehouses and distribution facilities if
located at least two hundred (200) feet from
North College Avenue.
2. Light industrial uses.
3. Research laboratories.
4. Workshop and custom small industry uses.
5. Warehouses.
Section 62. That Section 4.18(B)(3) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(3) The following uses are permitted in the C-N District,
subject to review by the Planning and Zoning Board:
(a) CommerciaMetail Uses:
1. Drive-in restaurants.
2. Large retail establishments.
(b) Industrial Uses:
1. Recycling facilities.
2. Transport terminals (truck terminals, public
works yards, container storage).
Section 63. That Section 4.19(B)(2)(a) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
(a) Residential Uses:
l. Single-tamily attached dwellings.
2. Two-family dwellings.
38
3. Group homes for up to eight (8)
developmentally disabled or elderly persons.
4. Mixed-use dwelling units.
Section 64. That Section 4.19(B)(2)(c) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
(c) Commercial/Retail Uses:
1. Standard restaurants.
2. Fast food restaurants.
3. Health and membership clubs.
4. Grocen stores.
5. Open-air farmers markets.
6. Personal and business service shops.
7. Convenience retail stores, without fuel sales.
8. Convenience retail stores with fuel sales,
provided they are at least three thousand
nine hundred sixty (3,960) feet (1/4 mile)
from the nearest convenience retail store.
9. Offices. financial services and clinics.
10. Artisan and photography studios and
galleries.
11. Retail establishments.
12. Vehicle minor repair, servicing and
maintenance establishments (indoor).
13. Limited indoor recreation.
14. Gasoline stations.
15. Veterinary facilities and small animal
clinics.
39
16. Child care centers.
17. Equipment rental establishments without
outdoor storage.
18. Dog day-care facilities.
Section 65. That Section 4.19(13)(3)(a) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
(a) Residential Uses:
1. Multi-family dwellings.
2. Boarding and rooming houses.
Section 66. That Section 4.20(B)(1)(c) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
(c) Commercial/Retail Uses:
1. Vehicle minor repair, servicing and
maintenance establishments.
2. Vehicle major repair, servicing and
maintenance establishments.
3. Vehicle sales, leasing and rentals with
outdoor storage.
4. Child care centers.
5. Entertainment facilities and theaters.
6. Clubs and lodges.
7. Offices. financial services and clinics.
8. Parking lots and garages (as a principal use).
9. Personal and business service shops.
10. Plumbing, electrical and carpenter shops.
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11. Standard restaurants.
12. Fast lbod restaurants.
13. Frozen food lockers.
14. Retail establishments.
15. Limited indoor recreation.
16. Veterinarian facilities and small animal
clinics.
17. Veterinary hospitals.
18. Dog day-care facilities.
Section 67. That Section 4.20(B)(1)(d) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
(d) Industrial Uses:
1. Workshops and custom small industry uses.
2. Transportation terminals (truck, container
storage).
3. Warehouses.
4. Warehouse and distribution facility.
Section 68. That Section 4.20(B)(2) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(2) The following uses are permitted in the C-L District,
subject to administrative review, provided that any
nonresidential use shall be separated from abutting
residential land uses and residential zone districts by a solid
fence or wall at least six (6) feet in height:
(a) Residential Uses:
1. Mixed use dwelling units.
(b) Institutional/Civic/Public Uses:
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I. Public and private schools for college,
university vocational or technical training.
2. Parks, recreation and other open lands,
except neighborhood parks as defined by the
Parks and Recreation Policy Plan.
3. Public facilities.
(c) Commercial/Retail Uses:
1. Convenience retail stores without fuel sales.
2. Convenience retail stores with fuel sales.
3. Bars and taverns.
4. Gasoline stations.
5. Farm implement and heavy equipment sales.
6. Lodging establishments.
7. Mobile home, recreational vehicle and truck
sales and leasing.
8. Funeral homes.
9. Drive-in restaurants.
(d) Accessory/Miscellaneous Uses:
l. Wireless telecommunication equipment.
2. Wireless telecommunication facilities.
Section 69. That Section 4.20(B)(3) is hereby deleted in its entirety.
Section 70. That Section 4.21(D)(2) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(2) Dimensional standards.
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(a) Maximum building height for all nonresidential
uses shall be six (6) stories. Maximum building
height for residential uses shall be three (3) stories.
(b) All new structures greater than eighty thousand
(80,000) square feet in gross leasable area shall be
subject to Planning and Zoning Board review.
(c) Any building addition that exceeds eighty thousand
(80,000) square feet in gross leasable area and
exceeds twenty-five (25) percent of the gross
leasable area of the existing building shall be
subject to Planning and Zoning Board review.
Section 71. That Section 4.21(E)(3) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(3) Building Design. ro the extent reasonably feasible,
industrial buildings shall provide a primary entrance that
faces and opens directly onto the adjacent street sidewalk or
a walkway, plaza or courtyard that has direct linkage to the
street sidewalk without requiring pedestrians to cross any
intervening driveways or parking lots. The following
exceptions shall be permitted to this standard and to the
requirements contained in Section 3.5.3(B):
(a) Buildings may orient away from the street if the
development provides a campus or park-like
development block with a unifying, formative
internal framework of outdoor spaces and
connecting walkways that functions as an
alternative to street sidewalks by organizing and
connecting buildings within the site and directly
connecting to common destinations in the district
(such as transit stops, restaurants, child care
facilities and convenience shopping centers). Such
an internal network shall provide direct pedestrian
access to the street sidewalk(s).
(b) The streetfront orientation requirement may be met
by facing only a portion of the front facade to the
adjacent street with no intervening front yard
parking, provided that the streetfront facade adjoins
a landscaped yard with a connecting walkway.
Such building face shall not consist of a blank wall.
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In no case shall the streetfront facade be less than
thirty (30) percent of the building frontage.
Section 72. That Section 4.22(B)(2)(b) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
(b) Commercial/Retail Uses:
1. Offices, financial services and clinics.
2. Bars and taverns.
3. Veterinary facilities and small animal
clinics.
4. Clubs and lodges.
5. Parking lots and parking garages (as a
principal use).
6. Child care centers.
7. Plant nurseries and greenhouses.
S. Dog day-care facilities.
Section 73. That Section 4.22(B)(2)(c) of' the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
(c) Industrial Uses:
1. Light industrial uses.
2. Research laboratories.
3. Workshops and custom small industry uses.
4. Warehouses.
5. Composting facilities.
Section 74. That Section 4.22(D) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(D) Land Use Standards.
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(I) Prospect Road Streetscape Program. All development in
this zone district that is located within the planning area for
the Prospect Road Streetscape Program shall also comply
with the Prospect Road Streetscape Standards as adopted
by the city, to the extent that such Standards apply to the
property proposed to be developed.
(2) Secondary Uses. The following permitted uses shall be
considered secondary uses in the E zone district and
together shall occupy no more than twenty-five (25) percent
of the total gross area of the development plan.
(a) Veterinary facilities and small animal clinics.
(b) Clubs and lodges.
(c) Child care centers.
(d) Residential uses.
(e) Standard Restaurants.
(f) Lodging establishments.
(g) Bed and breakfast establishments.
(h) Funeral homes.
(i) Health and membership clubs.
0) Convenience shopping centers.
If single-family detached dwellings are provided, at least an
equivalent number of non-single-family detached dwelling
units shall also be provided.
(3) Dimensional Standards.
(a) Maximum building height for all nonresidential
uses shall be four (4) stories. Maximum building
height for residential uses shall be three (3) stories.
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(b) All new structures greater than fifty thousand
(50,000) square feet in gross leasable area shall be
subject to Planning and Zoning Board review.
(c) Any building addition that exceeds fifty thousand
(50,000) square feet in gross leasable area and
exceeds twenty-five (25) percent of the gross
leasable area of the existing building shall be
subject to Planning and Zoning Board review.
Section 75. That Section 4.22(E)(1)(c) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
(c) Except for off street parking and loading areas, all
veterinary hospitals and all industrial uses (except
commercial composting) shall be carried out
entirely within completely enclosed buildings or
structures.
Section 76. That Section 4.22(E)(2) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(2) Building Design. To the extent reasonably feasible,
industrial buildings shalt provide a primary entrance that
faces and opens directly onto the adjacent street sidewalk or
a walkway, plaza or courtyard that has direct linkage to the
street sidewalk without requiring pedestrians to cross any
intervening driveways or parking lots. The following
exceptions shall be permitted to this standard and to the
requirements contained in Section 3.5.3(B):
(a) Buildings may orient away from the street if the
development provides a campus or park-like
development block with a unifying, formative
internal framework of outdoor spaces and
connecting walkways that functions as an
alternative to street sidewalks by connecting
buildings within the site and directly connecting to
common destinations in the district (such as transit
stops, restaurants, child care facilities and
convenience shopping centers). Such an internal
network shall provide direct pedestrian access to the
street sidewalk(s).
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(b) The streetfront orientation requirement may be met
by facing only a portion of the front facade to the
adjacent street with no intervening front yard
parking, provided that the streetfront facade adjoins
a landscaped yard with a connecting walkway.
Such building face shall not consist of a blank wall.
In no case shall the streetfront facade be less than
thirty (30) percent of the building frontage.
Section 77. That Section 4.23(13)(2)(b) of the Land Use Code of the City of
.Fort Collins is hereby amended to read as follows:
(b) Commercial/Retail Uses:
1. Offices. financial services and clinics.
2. Plumbing, electrical and carpenter shops.
3. Artisan and photography studios and
galleries.
4. Retail stores with vehicle servicing.
5. Vehicle minor repair, servicing and
maintenance establishments.
6. Vehicle major repair, servicing and
maintenance establishments.
7. Equipment, truck and trailer rental
establishments.
8. Parking lots and parking garages (as
principal use).
9. Plant nurseries and production greenhouses.
10. Health and membership clubs.
11. Veterinary facilities and small animal
clinics.
12. Clubs and lodges.
13. Frozen food lockers.
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14. Enclosed mini-storage facilities.
15. Equipment rental without outdoor storage.
16. Gasoline stations.
17. Unlimited indoor recreational uses and
facilities.
18. Dog day-care facilities.
Section 78. That Section 4.23(B)(2)(c) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
(c) Industrial Uses:
1. Warehouses.
2. Light industrial uses.
3. Heavy industrial uses.
4. Research laboratories.
5. Recycling facilities.
6. Workshops and custom small industry uses.
7. Recreational vehicle, boat and truck storage.
8. Warehouse and distribution facility.
9. Composting facilities.
Section 79. That Section 4.23(B)(3)(c) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
(c) Commercial/Retail. None of the following
permitted commercial/retail uses shall exceed
twenty-five thousand (25,000) square feet in gross
leasable area:
1. Animal boarding.
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2. Standard and fast food restaurants.
3. Bars and taverns.
4. Bed and breakfast establishments.
5. Convenience retail stores with fuel sales,
provided they are at least three thousand
nine hundred sixty (3,960) feet (3/4 mile)
from the nearest convenience retail store.
6. Retail and supply yard establishments with
outdoor storage.
7. Child care centers.
8. Veterinary hospitals.
9. Convenience shopping centers.
10. Recreational uses.
11. Vehicle and boat sales and leasing
establishments with outdoor storage.
12. Sales and leasing of mobile homes, farm
implements, heavy excavation equipment.
13. Adult oriented uses.
14. Drive-in restaurants (only if located in a
convenience shopping center).
Section 80. That Section 4.23(D)(1) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(1) Dimensional Standards.
(a) Maximum building height for all nonresidential
uses shall be four (4) stories. Maximum building
height for residential uses shall be three(3) stories.
(b) All new structures greater than fifty thousand
(50,000) square feet in gross leasable area shall be
subject to Planning and Zoning Board review.
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(c) Any building addition that exceeds fifty thousand
(50,000) square feet in gross leasable area and
exceeds twenty-five (25) percent of the gross
leasable area of the existing building shall be
subject to Planning and Zoning Board review.
Section 81. That Section 4.23(E) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(E) Development Standards.
(1) Prospect Road Streetscape Program. All development in
this zone district that falls within the planning area for the
Prospect Road Streetscape Program shall also comply with
the Prospect Road Streetscape Program Standards as
adopted by the city, to the extent that such Standards apply
to the property proposed to be developed.
(2) Building Design.
(a) Applicability of Section 3.5. Compliance with the
standards contained in Section 3.5.3 shall be
required only for the following permitted uses in
this zone district:
Section 4.23(B)(3)(c)2. Standard and Fast Food
Restaurants
Section 4.23(B)(3)(c)3. Bars and Taverns
Section 4.23(B)(3)(c)4. Bed and Breakfast
Establishments
Section 4.23(B)(3)(c)7. Child Care Centers
Section 4.23(B)(3)(c)9. Convenience Shopping
Centers
(b) Orientation. Along arterial streets and any other
streets that directly connect to other districts,
buildings shall be sited so that a building face abuts
upon the required minimum landscaped yard for at
least thirty (30) percent of the building frontage.
Such a building face shall not consist of a blank
wall.
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(c) Building character and color. New building color
shades shall be neutral, with a medium or dark color
range, and not white, bright or reflective.
(3) Sile Design.
(a) Screening.
1. Industrial and commercial activities shall
not be located adjacent to a residential area
unless the activities and related storage are
contained within a building or otherwise
completely screened from view from the
residential area.
2. A minimum thirty-foot deep landscaped
yard shall be provided along all arterial
streets, and along any district boundary line
that does not adjoin a residential land use. If
a district boundary line abuts upon or is
within a street right-of-way, then the
required landscaped yard shall commence at
the street right-of-way line on the district
side of the street, rather than at the district
boundary line.
3. A minimum eighty-foot deep landscaped
yard shall be provided along any boundary
line that adjoins a residential land use or a
zone district (whether within or beyond the
City's jurisdictional boundary) that is
predominately characterized by residential
uses as permitted uses. This residential
buffer yard may be reduced to thirty (30)
feet if the adjoining residential land use or
zone district (whether within or beyond the
City's jurisdictional boundary) is separated
by a public street.
(b) Storage and Operational Areas.
1. Storage, loading and work operations shall
be screened from view along all district
boundary lines.
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2. Within internal District areas, buildings may
be surrounded by paving for vehicle use. To
the extent reasonably feasible, side and rear
yards in interior block locations shall be
used for vehicle operations and storage
areas, and front yards shall be used for less
intensive automobile parking. At District
edges, side yards shall be used for vehicle
operations and storage areas, in order to
allow for a finished, attractive rear building
wall and a landscaped rear yard.
Section 82. That Section 5.1.2 of the Land Use Code of the City of Fort
Collins is hereby amended to add the following definition to read as follows:
Composting facility shall mean any site where decomposition processes are used
on solid waste (including leaves, grass, manures, and non-meat food production
wastes received from residential, commercial, industrial non-hazardous, and
community sources, but not including bio-solids) to produce compost; provided
that such facility has on-site at any given time more than one thousand (1,000)
cubic yards or three hundred (300) dry tons of active composting material or
feedstock.
Section 83. That Section 5.1.2 of the Land Use Code of the City of Fort
Collins is hereby amended to add the following definition to read as follows:
Dog day-care facility shall mean a facility providing such services as canine day
care for all or part of a day, obedience classes, training, grooming, and/or
behavioral counseling, provided that overnight boarding is not permitted.
Section 84. That the definition of"Floor area" in Section 5.1.2 of the Land Use
Code of the City of Fort Collins is hereby amended to read as follows:
Floor area shall mean the gross floor area of a building as measured along the
outside walls of the building and including each floor level, but not including
open balconies, the first 720 (seven hundred twenty) square feet of garages or
other enclosed automobile parking areas. basements and one-half ('/z) of all
storage and display areas for hard goods.
Section 85. That the definition of "Fraternity and sorority houses" in Section
5.1.2 of the Land Use Code of the City of Fort Collins is hereby amended to read as
follows:
Fraternity and sorority houses shall mean residences housing students in
organizations established primarily to promote friendship and welfare among the
52
members, (i.e., Greek-letter social fraternities and similar organizations) and
which residences are affiliated with Colorado State University.
Section 86. That the definition of"Gross leasable area" in Section 5.1.2 of the
Land Use Code of the City of Fort Collins is hereby amended to read as follows:
Gross leasable area shall mean the total floor area designed for tenant occupancy
and exclusive use, including basements, mezzanines and upper floors, if any,
expressed in square feet measured from centerlines of joint partitions and
exteriors of outside walls.
Section 87. That Section 5.1.2 of the Land Use Code of the City of Fort
Collins is hereby amended to add the following definition to read as follows:
Outdoor cafe shall mean that portion of a restaurant with tables located on the
sidewalk or other open area in front of or adjoining the restaurant premises.
Section 88. That the definition of"Restaurant, drive-in" in Section 5.1.2 of the
Land Use Code of the City of Fort Collins is hereby amended to read as follows:
Restaurant, drive-in shall mean any establishment in which the principal business
is the sale of foods and beverages to the customer in a ready-to-consume state and
in which the design or principal method of operation of all or any portion of the
business is to allow food or beverages to be served directly to the customer in a
motor vehicle without the need for the customer to exit the motor vehicle.
Section 89. That the definition of "Restaurant, fast food" in Section 5.1.2 of
the Land Use Code of the City of Fort Collins is hereby amended to read as follows:
Restaurant,fastfood shall mean any establishment in which the principal business
is the sale of food and beverages to the customer in a ready-to-consume state, and
in which the design or principal method of operation includes both of the
following characteristics:
(1) food and beverages are usually served in edible containers or in
paper, plastic or other disposable containers;
(2) the consumption of food and beverages is encouraged or permitted
within the restaurant building. elsewhere on the premises or for
carryout; and
(3) there is no drive-in facility as a part of the premises.
Section 90. That the definition of"Restaurant, standard" in Section 5.1.2 of the
Land Use Code of the City of Fort Collins is hereby amended to read as follows:
53
Restaurant, standard shall mean any establishment in which the principal
business is the sale of food and beverages to customers in a ready-to-consume
state; where fermented malt beverages, and/or malt, special malt or vinous and
spirituous liquors may be produced on the premises as an accessory use; and
where the design or principal method of operation includes one (1) or both of the
following characteristics:
Section 91. That the definition of "Street" in Section 5.1.2 of the Land Use
Code of the City of Fort Collins is hereby amended to read as follows:
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.
Section 92. That the Land Use Code of the City of Fort Collins is hereby
amended by changing all references from "Director of Engineer" to "City Engineer" in
Articles 3, 4, and 5.
Section 93. That all section numbering in the Land Use Code that is affected
by this ordinance be changed to correspond to the renumbering caused by reason of this
ordinance.
Introduced, considered favorably on first reading, and ordered published in
summary form this 1st day of December, A.D. 1998, and be presented for final passage
on the 15th day of December, A.D. 1998.
Mayor Pro Tern
ATTEST:
IL,%)k via
City Clerk
Passed and adopted on final reading this 15th day of Depeffib3 A.D. 19
yor
ATTESnnT:
-
City Clerk
54