HomeMy WebLinkAbout090 - 05/19/1998 - AMENDING THE LAND USE CODE ORDINANCE NO. 90, 1998
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE CITY'S 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 shown on Exhibit"A", attached
hereto and incorporated herein by this reference.
Introduced,considered favorably on first reading, and ordered publi^ghed is 5th d�May)A.D.
1998, and to be presented for final passage on the 19th day of May,—. . 1998,:
ayor
II
City Clerk
Passed and adopted on final reading this 19th day ofWay, A.D. L9"98.
Mayor
ATTEST-
City Clerk
EXHIBIT `A'
Division 1.3, Zoning Map and Zone Districts Section 1.3.2
1.3.2 Establishment of Zoning Map
The boundaries of the zone districts are hereby established as shown on a map entitled
"Zoning Map of the City of Fort Collins, Colorado," dated March 28, 1997, as
amended, which map is hereby made a part of this Land Use Code by reference.
Where uncertainty exists regarding the boundary of a zone district on the Zoning Map,
reference should be made to Division 1.4, Interpretations.
1.3.3 Establishment of Zone District and Development Standards
The General Development Standards contained in Article 3 include standards which
are applicable to all development unless expressly and specifically exempted or
provided otherwise in this Land Use Code. The District Standards contained in
Article 4 are standards which apply to development located within a specified zone
district. The District Standards are organized on a zone district by zone district basis,
and specify the purpose of each applicable zone district, the permitted uses allowed
in each zone district, and other standards and criteria which apply in each zone
district. The General Development Standards contained in Article 3 and the District
Standards contained in Article 4 are hereby established and are declared to be
minimum standards.
1.3.4 Addition of Permitted Uses
(A) Required Findings. In conjunction with a particular development proposal
and upon application by the applicant or on the Director's own initiative, the
Director may add to the uses specified in a particular zone district any other
similar use which conforms to all of the following conditions:
(1) Such use is appropriate in the zone district to which it is added;
(2) Such use conforms to the basic characteristics of the zone district and the
other permitted uses in the zone district to which it is added;
(3) Such use does not create any more offensive noise, vibration, dust, heat,
smoke, odor, glare or other objectionable influences or any more traffic
hazards, traffic generation or attraction, adverse environmental impacts,
adverse impacts on public or quasi-public facilities, utilities or services,
adverse effect on public health, safety, morals or aesthetics, or other
adverse impacts of development,than the amount normally resulting from
the other permitted uses listed in the zone district to which it is added;
(4) Such use is compatible with the other listed permitted uses in the zone
district to which it is added;
(5) Such use is not specifically listed by name as a prohibited use
in the zone district to which it is added.
(6) Such use is not specifically listed as a "Permitted Use"in
Article 4. (See Section 2.3.3 for the procedures for text
amendments.)
(B) Codification of New Use. When any use has been added by the Director to
the list of permitted uses in any zone district in accordance with this Section,
such use shall be promptly considered for an amendment to the text of this
Land Use Code under Division 2.8. If the text amendment is approved, such
use shall be deemed to be permanently listed in the appropriate permitted use
list of the appropriate zone district and shall be added to the published text of
this Land Use Code at the first convenient opportunity, by ordinance of City
Council pursuant to Division 2.8. If the text amendment is not approved,such
use shall not be deemed permanently listed in the zone district, except that
such use shall continue to be deemed a permitted use in such zone district for
only the development proposal for which it was originally approved under(A),
above.
(C) Conditions. When any use has been added to the list of permitted uses in any
zone district in accordance with this Section, the Director may impose such
conditions and requirements on such use as are necessary or desirable to
accomplish the purposes and intent of this Land Use Code, to ensure
consistency with City Plan and its adopted components and associated sub-
area plans,to prevent or minimize adverse effects and impacts upon the public
and neighborhoods, and to ensure compatibility of uses.
Division 1.4, Interpretations Section 1.4.3(C)
(C) Rendering of Interpretation. After the Request for Interpretation has been
determined to be sufficient,the Director shall review and evaluate the request
in light of the terms and provisions of this Land Use Code and/or the Zoning
Map,whichever is applicable,and render an interpretation. The Director may
consult with the City Attorney and other City departments before rendering
an interpretation.
(D) Form. The interpretation shall be in writing and shall be delivered to the
applicant. Interpretations that are not in writing shall have no force or effect.
Interpretations shall have no precedential value and shall be limited in their
application to the property, if any, identified in the interpretation.
(E) Offa"cial Record The Director shall maintain an official record of all
interpretations in the Community Planning and Environmental Services
Department. Such official record shall be available for public inspection
during normal business hours.
(F) Appeal. Appeals of any interpretation under this DivisionSection shall be
made only in accordance with Division 2.10.
1.4.4 Rules for Interpretation of Boundaries
Interpretations regarding boundaries of zone districts on the Zoning Map shall be
made in accordance with the provisions of this section.
(A) District Regulations Extend to all Portions of Districts Surrounded by
Boundaries. Except as otherwise specifically provided, a district symbol or
name shown within district boundaries on the Zoning Map indicates that
district standards and other district regulations pertaining to the district extend
throughout the whole area surrounded by the boundary line.
(B) Boundaries. Where uncertainty exists as to the boundaries of zone districts
as shown on the Zoning Map, the following rules shall apply:
(1) Boundaries indicated as approximately following the centerlines of
dedicated streets,highways,alleys or rights-of-way shall be construed
as following such centerlines as they exist on the ground,except where
such interpretation would change the zoning status of a lot or parcel,
in which case the boundary shall
Division 1.5, Nonconforming Uses and Structures Section 1.5.1
DIVISION 1.5 NONCONFORMING USES AND STRUCTURES
Sections:
1.5.1 Continuation of Use
l.5.2 Change of Use
1.5.3 Abandonment of Use
1.5.4 Reconstruction
1.5.5 Enlargement of Building and Expansion of Facilities, Equipment or Structures
1.5.6 Alteration or Repair of Building
1.5.1 Continuation of Use
A nonconforming use may be continued and a nonconforming building or structure
may continue to be occupied or used, except as otherwise provided in this Division.
1.5.2 Change of Use
A nonconforming use may only be changed to a conforming use.
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.
1.5.4 Reconstruction
A nonconforming building or structure or a building or structure containing a
nonconforming use which has been damaged by fire or other accidental or natural
causes, may be reconstructedrestore4 to its original eon4ition,provided such work is
started within six(6)months of the date of occurrence of such damage and completed
within one (1) year of the time the rest�reconstruction is commenced, and
provided that, to the extent reasonably feasible, such restoration complies with the
standards contained in Articles 3 and 4.
1.5.5 Enlargement of Building and Expansion of Facilities, Equipment or Structures
(A) A proposal for the enlargement or expansion of a building containing a
nonconforming use, a proposal for an expansion of existing facilities and
Division 1.6 Existing Limited Permitted Uses Section 1.6.1
DIVISION 1.6 EXISTING Lim PERMITTED USES
Sections:
1.6.1 Purpose and Applicability
1.6.2 Continuation of Use
1.6.3 Change of Use
1.6.4 Reconstruction
1.6.5 Enlargement of Building and Expansion of Facilities, Equipment or Structures
1.6.6 Alteration or Repair of Building
1.6.1 Purpose and Applicability
The provisions contained in this Division shall apply to any use which was permitted
for a specific parcel of property pursuant to the zone district regulations in effect for
such parcel on March 27, 1997, which is not specifically listed as a permitted use
under the zone district regulations of the zone district of this Land Use Code in which
the parcel of property is located, and which physically existed upon such parcel on
March 27, 1997. Such uses are permitted in the various zone districts established in
Division 4 under the limitation that such uses shall constitute permitted uses only on
such parcels of property. Accordingly, hereafter, such uses shall be referred to as
"existing limited permitted uses."
1.6.2 Continuation of Use
An existing limited permitted use may be continued except as otherwise provided in
this Division.
1.6.3 Change of Use
An existing limited permitted use may only be changed to a permitted use and when
so changed, the prior existing limited permitted use shall be deemed to have been
abandoned, and such use may not thereafter be reinstated.
1.6.4 Reconstruction
A building or structure containing an existing limited permitted use which has been
damaged by fire or other accidental or natural causes may be reconstractedrestered4o
provided that, to the extent reasonably feasible, such
reconstruction complies with the standards contained in Articles 3 and 4.
Division 1.7, Legal Section 1.7.1
DIVISION 1_7 LEGAL
Sections:
1.7.1 Relationship to Code of the City
1.7.2 Conflict with Other Laws
1.7.3 Severability
1.7.1 Relationship to Code of the City
This Land Use Code, although not a numbered Chapter of the Code of the
City, is a part of the Code of the City with the same legal significance as
though it were a numbered Chapter. This Land Use Code may be used, as
applicable, to support the implementation of the Code of the City; and the
Code of the City may be used,as applicable,to support the implementation of
this Land Use Code. Particularly, but without limitation, the provisions of
Chapter 1 of the Code of the City are incorporated into this Land Use Code by
reference.
1.7.2 Conflict with Other Laws
Except as is provided in Section 3.1.2, if the provisions of this Land Use Code
are internally conflicting or if they conflict with any other statute, code, local
ordinance, resolution, regulation or other applicable Federal, State or local
law, the more stringer specific standard, limitation or requirement shall
govern or prevail to the extent of the conflict. If neither standard is more
specific, then the more stringent standard, limitation or requirement shall
govern or prevail to the extent of the conflict.
1.7.3 Severability
It is the legislative intent of the City Council in adopting this Land Use Code
that all provisions hereof shall be liberally construed to protect and preserve
the peace, health, safety and general welfare of the inhabitants of the City. It
is the further intent of the City Council that this Land Use Code shall stand,
notwithstanding the invalidity of any part thereof, and that should any
provision of this Land Use Code be held to be unconstitutional or invalid by
a court or tribunal of competent jurisdiction, such holding shall not be
construed as affecting the validity of any of the remaining provisions.
Division 2.1, General Procedural Requirements Section 2.1.2(A)
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, or seek a text amendment to this Land Use
Code or a rezoning amendment to the Zoning Map pursuant to Division
2.8. 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 applica-
tion. 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 proj ect 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 proj ect 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,project development plans and final plans are the three(3)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). The different types of developmeftt applietttiamOverall 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 ofthese types of development applications are discussed
further in Section 2.1.3.
Article 2, Page 7
Supp. l
Division 2.1, General Procedural Requirements Section 2.1.3(B)
(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 Preliminary 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 preliminary
plat(when such plat is required pursuant to Section 3.31 of this
Code). Approval of a proj ect development plan does not establish
any vested right to develop property in accordance with the plan.
(2) Applicability. Upon completion ofthe 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 overtime 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
Article 2, Page 1]
Supp. 1
Division 2.1, General Procedural Requirements Section 1.1.3(D)
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 2.6.
(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.
2.1.4(H Effect of Development Application Approval.
(4-A) Limitation on other development. In the event that a property has obtained
development approval of a final plan pursuant to Divisioil 2.2site specific
development plan, such property may not thereafter be developed in any other
fashion, except in accordance with Divisions 1.5, Nonconforming Uses and
Structures or 1.6,Existing Limited Permitted Uses;or upon the occurrence of one
(1) of the following events:
(al) 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);
(b2) The owner of the property has obtained the approval,pursuant to Section
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;
Article 2, Page 12
Supp. 1
Division 2.1, General Procedural Requirements Section 2.1.3(E)
(e3,) The owner of the property has obtained permission
from the appropriate decision maker to amend the final
development plan in accordance with Division 2.2, in
which event the property shall be developed according to
the amended plan,
(d4) 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.
(2B. Process. Any property owner seeking to obtain the approval of the appropriate
decision maker pursuant to this subsection (E)Section'shall submit an application
complying with the requirements and procedures set forth in Section 2.2.10
pertaining to amendments and Iabandonment.
O Criteria. In considering whether to approve any application for abandonment,
pursuant to this Seetiansubsection (E), the
appropriate decision maker shall be governed by the following criteria:
(al) 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 niast current version of this Land
use Code or, if Such remaining parcel of'pro peft y was not reviewed
and approved under this Land Use Code, then, to the maxnnum
extentfeasibie,the Trans tionaC Land Use Regulations dated august,
199' on file in.,the Office of the City Clerk,'
OPTION 2 DELETED
(K) 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.
Article 2, Page 12
Supp. I
Division 2.1, General Procedural Requirements Section 2.1.3(E)
(4) 39ee�sion. if the appropriate deeision maker finds that t!
foregoing standards and the standards pertaitting to amendme
of final plafts genera4ly have been satisfied, the apprapriat.t
deeision maker shall approve the development applieation.
Article 2, Page 14
Supp. l
Division 2.2, Common Development Review Procedures Section 2.2.2(E)
(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.
2.2.3 Step 3: Development Application Submittal
(A) DevelopmentApplication 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 eornbining an overall development plan and
projeet development plan, the applicant shall follow the project
development plan development review procedures; for a eensolid a
applieation eombitting a prejeet development Platt and a final plan, the
applieattt shall follow the pre�jeet development plan and final plan
development review proeedure's. 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.
Article 2, Page 17
Supp. l
Division 2.2, Common Development Review Procedures Section 1.2.10(13)
(B) MajorAmendments. Amendments to any approved 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 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 reviewed and 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, shalt Comply withthe applit able standards
contained in.::,
n Articles 3 and 4. Major amendments to project development
plans or final 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
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 project
development plan or final 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 Z review;
provided, however, that if 'a new;:land use is proposed for the
property subject to the abandonment, then the abandtinmenf 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 whicU the land is located.
(C) Additional Criteria. In addition to the criteria established in (A) and (B)
above, the criteria established in Section 2 i 3(E)(3)2AA(C) shall guide
the decision maker in determining whether to approve, approve with
conditions, or deny the application for partial or total abandonment-,-or
Wnendinent
(D) Appeals of Amendme aCAbandonmentDecisiAbns Appeals of'd6ci Sion s
for approval, approval with conditions or deniat of amendments ar
abandonments of any approved development plan: or site specific
development plan shall be filed and processed in accordance with Section
2.2.12 (Step 12).
2.2.11 Step 11: Lapse
(A) 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
Article 2, Page 31
Supp. 1
Division 2.2, Common Development Review Procedures Section 2.2.10(B)
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.
Article 2,Page 32
Supp. 1
Division 2.2, Common Development Review Procedures Section 2.2.11(C)
time shall constitute the "term of the vested property right."
Failure to undertake and complete the development within the
term of the vested property right shall cause a forfeiture of the
vested property right and shall require resubmission of all
materials and reapproval of the same to be processed as required
by this Land Use Code. All dedications as contained on the final
plat shall remain valid unless vacated in accordance with law.
(4) Extensions. Extensions for two (2) successive periods of six (6)
months 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 six-month extensions shall be approved, if at all,only
by the Planning and "boning 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. 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
Article 2, Page 33
Supp. I
Division 2.2, Common Development Review Procedures Section 2.2.11(C)
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 sucli portion of
the,previously approved plan as is.covered by such new plank and
shall be reviewed according to the abandonment criteria contained
in Section 2.1.4(C) and all other applicable criteria of this Land
Use Code
(78) 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 Land Use Code
pertaining to the development and use of property.
(99) 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 county Clerk and
Recorder, any property right which might otherwise have been
vested shall be deemed to be not vested.
2.2.12 Step 12: Appeals
Appeals of any final decision of a decision maker under this Land Use 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 2.10 of this Land Use Code.
Article 2, Page 34
Supp. l
Division 2.6,Building Permits Section 2.6.3(K)
(K) Step 11 (Lapse): Not applicable, and in substitution therefor, a
Building Permit shall be valid for a period of time not to exceed six (6)
months from the time such Building Permit is issued unless fully and
properly acted upon and completed. 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 2.10, provided,
however,Ith.at suer appeals may be filed only by persons vvho possess a
legal or ecluttable interest iii the specific real property which is the subject
of the decision, or who own or reside within real,property any paft
f
which is located within five hundred (500) feet of the ;specific;;real
property which is the subject ofthe decision. 1tilotwttksstandin the
fot'egoing,iappeals pertain, to the application and enforcement of the
Llniforni l3uddirzg bode (as adopted and amended try the City) will be
procegsedll in accordance with Section 5-27(1) of the City Code,
Article 2, Page 42
SuPP. 1
Division 2.7, Modification of Standards Section 2.7.l
DIVISION 2.7 MODIFICATION OF STANDARDS(BV THE PLANNING AND ZONING BOARD)
Sections:
2.7.1 Purpose and Applicability
2.7.2 Modification Review Procedures
2.7.3 Standards
2.7.1 Purpose and Applicability
The Planning and Zoning Board is empowered to grant modifications to the
General Development Standards contained in Article 3 and the Land Use
Standards and DevelopmentB4striet Standards efcontained 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, for overall
development plans and project development plans which are pending approval
at the time that the request for proposed modification is filed.
2.7.2 Modification Review Procedures
A request for modification to the standards pertaining to pending overall
development plans or pending project development plans shall be processed
according to, in compliance with, and subject to the same provisions applicable
to the type of development application it seeks to modify,except that in all cases
it shall be reviewed, considered and decided by the Planning and Zoning Board
as a Type 2 Review subject to the standards contained in Section 2.7.3. A
modification may be processed in a consolidated application and reviewed
concurrently with the development application to which it applies. Once a
modification is approved pursuant to Planning and Zoning Board Review,it shall
be controlling for the successive development applications for that particular
development proposal only to the extent that it modifies the standards pertaining
to such pending plan.
2.7.3 Standards
Modification requests may be granted if the Planning and Zoning Board
determines and finds that:
(A) the granting of the modification would neither be detrimental to the
public good nor impair the intent and purposes of this ChapterLand Use
Code; and
Article 2, Page 45
Supp. I
Division 2.8,Amendment to Text of Code and/or Zoning Map Section 2.8.1
DIVISION 2.8 AMENDMENT TO TEXT OF CODE AND/OR ZONING MAP
Sections:
2.8.1 Purpose
2.8.2 Applicability
2.8.3 Initiation
2.8.4. Text and Map Amendment Review Procedures
2.8.1 Purpose
The purpose of this Division is to provide requirements for changing the text of
this Land Use Code or the boundaries of the zone districts shown on the Zoning
Map.
2.8.2. Applicability
Any and all amendments to the text of this Land Use Code and any and all
changes to the Zoning Map must be processed in accordance with this Division.
Commencing one (1) year after the effective date of this Land Use Code,
amendments to the Zoning Map shall be processed only twice per calendar year
pursuant to the submittal and hearing date schedule established pursuant to
Section 2.2.3(D); provided, however, that this limitation shall not apply to
petitions for amendments to the Zoning Map initiated by the owners of properties
in the Transition District,which petitions shall be governed by the provisions of
Section 4.9(B)(1)(c). Only the Council may, after recommendation of the
Planning and Zoning Board, adopt an ordinance amending the text of this Land
Use Code or the Zoning Map in accordance with the provisions of this Division.
2.8.3 Initiation
(A) Amendment to Zoning Map. An amendment to the Zoning Map maybe
proposed by, without li --itat o the Council, the Planning and Zoning
Board, the Director, or the owners of the property to be rezoned.
(B) TextAmendment. An amendment to the text of this Land Use Code may
be proposed by the City Council, the Planning and Zoning Board, the
Director, any resident of the city, or any owner or person having an
interest in land located within the municipal boundaries of the city.
Article 2, Page 47
Supp. I
Division 2.9, Hardship Variances Section 2.9.1
DIVISION 2.9 HARDSHIP VARIANCES(BY THE ZONING BOARD OF APPEALS
Sections:
2.9.1 Purpose and Applicability
2.9.2 Hardship Variance Review Procedures
2.9.1 Purpose and Applicability
The purpose and applicability of a hardship variance is contained in Chapter 2 of
the City Code. However, this hardship variance procedure shall apply only to
approved site specific development plans or to properties that were developed
pursuant to a'building permit 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 Building Permit Review. Also,the hardship 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 hardship variance is filed.
The process to be used for such pending development applications is the
procedure established in Division 2.7 (Modification of Standards).
2.9.2 Hardship Variance Review Procedures
A hardship 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 hardship 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(Determination of Sufficiency): Applicable.
(E) Step S(Staff Report): Not applicable.
Article 2, Page 52
Supp. I
Division 2.10 Appeal from Administrative Decisions Section 2.10.1
DIVISION 2.10 APPEAL FROM ADMINISTRATIVE DECISIONS
Sections:
2.10.1 Purpose and Applicability
2.10.2 Administrative Appeal Review Procedures
2.10.1 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 an administrative decisions made under this Land Use Code,
pertaining to a speeifie , 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 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(E), adopted administratively and not by
Council resolution;
7. The issuance of a building permit under Section 2.63.
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
Article 2, Page>j
Supp. 1
Division 2.10 Appeal from Administrative Decisions Section 2.10.2(G)
of an approved development plan or site spec.11 ific developmentplan shall
be governed by Section 2.2.10 (Step 10). Any action'taken m retiarice
�.�
upon an appealed administrative decision during:#Z�e pendency o£nWI
appeal shall be totally at the risk of the.person("s}faki?ng such actzat%and
the City shall not be liable for any'damages arisingrorir arty such action'.
2.10.2 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): Not applicable.
(D) Step 4 (Determination of Sufficiency): Applicable.
(E) Step 5 (Staff Report): Not applicable.
(F) Step 6 (Notice): Only Section 2.2.6(A) applies, except that "500 feet"
shall be eltanged to "150 f�et," and "15 days" shall be changed to "7
days," everywhere theyit 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 filed only by persons who
Article 2, Page 56
Supp. I
Division 2.10 Appeal from Administrative Decisions Section 2.10.2(G)
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 five hundred(500)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.
Article 2, Page 57
Supp. 1
Division 3.2,Site Planning and Design Standards Section 3.2.1(D)
(1) Minimum Plantings/Description. These tree standards
require at least a minimum tree canopy but are not intended to
limit additional tree plantings in any remaining portions of the
development. Groves and belts of trees shall be required as
follows:
(a) parking lot landscaping in accordance with the parking lot
landscaping standards as set forth in this Section and in
Section 3.2.2. Access, Circulation and Parking;
(b) street tree planting in accordance with Design and
Construction Criteria, Standards and Specifications for
Streets, Streetscapes, Sidewalks,Alleys and Other Public
Ways or other street tree planting as defined in subsection
(2)(b) or(c) below;
(c) "full tree stocking"shall be required in all landscape areas
within fifty(50)feet of any building or structure as further
described below. Each Landscape areas-inrwhieh
full tree stocking is to occur (1) shall be provided in
adequate numbers,locations and dimensions to allow full
tree stocking to occur along all high use or high visibility
sides of any building or structure. ,(-2) Such landscape
areas shall not be closer than extend at least seven(7)feet
from any building or structure wall; 3)-, all and contain
at least fifty five (55) square feet of non-paved ground
area, except that any planting cut outs in walkways shall
contain at least 16 square feet . ,
and (4) shall includl-
Planting cutouts,planters or other landscape areas for tree
planting shall be provided within any walkway that is
twelve(12)feet or greater in width adjoining a vehicle use
area that is not covered with an overhead fixture or
canopy that would prevent growth and maturity.
Full tree stocking shall mean formal or informal
groupings of trees planted according to the following
spacing dimensions:
Minimum/Maximum
1. Canopy Shade Trees 30'-40' spacing
2. Coniferous Evergreens 20'-30' spacing
3. Ornamental Trees 20'-30' spacing
Article 3, Page S
SUPP. I
Division 3.2,Site Planning and Design Standards Section 3.2.1(E)
(b) Planting beds. Shrub and ground cover planting
beds shall be separated from turf grass with edging and
shall have open surface areas covered with mulch.
(c) Slopes. Retaining walls, or--slope revetment or other
acceptable devices integrated with plantings shall be used
to stabilize slopes that are steeper than 2:13:1. If soil tests
performed on the subject soils indicate steeper slopes are
stable without the above required protection, then the
maximum slope allowed without the above required
protection may be increased to the maximum stated in the
soils report or 2:1, whichever is less steep.
(d) Foundation Plantings. Exposed sections of building walls
that are in high-use or high-visibility areas of the building
exterior shall have planting beds at least five(5)feet wide
placed directly along at least fifty (50) percent of such
walls.
(e) Parkways. All adjoining street parkways shall be
landscaped in connection with the development in
accordance with the Design and Construction Criteria,
Standards and Specifications for Streets, Streetscapes,
Sidewalks, Alleys and Other Public Ways.
(f) Agricultural Use. If outdoor space is maintained in active
agricultural use, the landscape surfaces and ground cover
standards above shall not apply.
(3) Water Conservation. All landscaping plans shall be designed to
incorporate water conservation materials and techniques through
application of xeriscape landscaping principles. Xeriscape
landscaping principles do not include or allow artificial turf or
plants, mulched (including gravel) beds or areas without
landscape plant material, paving of areas not required for
walkways, plazas or parking lots, bare ground, weed covered or
infested surfaces or any landscaping that does not comply with
the standards of this section. Xeriscape landscaping principles
shall be:
(a) grouping plants with similar water requirements together
on the same irrigation zones;
(b) limiting high-irrigation turf and plantings to appropriate
high-use areas with high visibility and functional needs;
Article 3, Page 9
SUPP. 1
Division 3.2,Site Planning and Design Standards Section 3.2.1(G)
(7) The installation of utilities, irrigation lines or any
underground fixture requiring excavation deeper than six (6)
inches shall be accomplished by boring under the root system of
protected existing trees at a minimum depth of twenty-four(24)
inches. The auger distance is established from the face of the tree
(outer bark) and is scaled from tree diameter at breast height as
described in the chart below.
Tree Diameter at Breast Height(inches) Auger Distance From Face of Tree (feet)
0-2 1
3-4 2
5-9 5
10-14 10
15-19 12
Over 19 15
(H) Placement and Interrelationship of Required Landscape Plan
Elements. In approving the required landscape plan,the Direeterdecision
maker shall have the authority to determine the optimum placement and
interrelationship of required landscape plan elements such as trees,
vegetation,turf,irrigation,screening,buffering and fencing,based on the
following criteria:
(1) protecting existing trees, natural areas and features;
(2) enhancing visual continuity within and between neighborhoods;
(3) providing tree canopy cover;
(4) creating visual interest year round;
(5) complementing the architecture of a development;
(6) providing screening of areas of low visual interest or visually
intrusive site elements;
(7) establishing an urban context within mixed-use developments;
(8) providing privacy to residents and users;
Article 3, Page 16
Supp. 1
Division 3.2, Site Planning and Design Standards Section 3.2.1(H)
(9) conserving water;
(10) avoiding reliance on excessive maintenance;
(11) promoting compatibility and buffering between and among
dissimilar land uses;
(12) establishing spatial definition.
(I) Landscape Materials, Maintenance and Replacement.
(1) Topsoil. To the maximum extent feasible,topsoil that is removed
during construction activity shall be conserved for later use on
areas requiring revegetation and landscaping. Organic soil
amendments shall also be incorporated in accordance with the
requirements of Section 3.8.21.
(2) Prior to installation of plant materials, areas
shall be thoroughly loosened. Organie amendmeitts stteh as.
eompost, peat or aged matture shall be thoroughly ineorporated
at a rate of at least three (3) ettbie yards of amendtnei-A per one
thousand (1,009) square feet of landseape area.
(23) Plant Materials. The selection of plant materials shall be based
on the City of Fort Collins' climate and site conditions. A list of
allowable and preferred plant species that are highly adaptable to
the Fort Collins urban environment shall be available from the
Director.
(34) Plant Quality. All plants shall be A-Grade or No. 1 Grade, free
of any defects, of normal health, height, leaf density and spread
appropriate to the species as defined by American Association of
Nurserymen standards.
(6§) Installation. All landscaping shall be installed according to sound
horticultural practices in a manner designed to encourage quick
establishment and healthy growth. All landscaping in each phase
shall either be installed or the installation shall be secured with a
letter of credit, escrow or performance bond for one hundred
twenty-five(125)percent of the value of the landscaping prior to
the issuance of a certificate of occupancy for any building in such
phase.
Article 3, Page 17
SUPP. I
Division 3.2,Site Planning and Design Standards Section 3.2.1(1)
(56) Maintenance. Trees and vegetation, irrigation systems,
fences,walls and other landscape elements shall be considered as
elements of the project in the same manner as parking, building
materials and other site details. The applicant, landowner or
successors in interest shall be jointly and severally responsible for
the regular maintenance of all landscaping elements in good
condition. All landscaping shall be maintained free from disease,
pests,weeds and litter,and all landscape structures such as fences
and walls shall be repaired and replaced periodically to maintain
a structurally sound condition.
(6-7) Replacement. Any landscape element that dies, or is otherwise
removed, shall be promptly replaced based on the requirements
of this Section.
(78) Mitigation. Healthy, mature trees that are removed by the
applicant or by anyone acting on behalf of or with the approval of
the applicant shall be replaced with not less than one (1) or more
than six (6) replacement trees sufficient to mitigate the loss of
value of the removed tree. The applicant shall select either the
City Forester or a qualified landscape appraiser to determine such
loss based upon an appraisal of the removed tree, using the most
recent published methods established by the Council of Tree and
Landscape Appraisers. Larger than minimum sizes (as set forth
in subsection (D)(4) above) shall be required for such
replacement trees.
(J) Irrigation.
(1) Provision shall be made for permanent,automatic irrigation of all
plant material, with the following exceptions:
(a+) certified xeriscape landscaping which does not require any
irrigation for survival.
(b2) trees and other plants used to landscape a residential local
street parkway adjacent to lots for single-family detached
dwellings.
(2)An irrigation plan shall be submitted to and approved by-the General
Manager of the Office of Water, Wastewater and Stormwater
Utility Services prior to the issuance of the building permit,or if
no building permit is required, then prior to commencement of
construction. The plan shall be accurate and clear,drawn to the
same scale as the associated landscape plan, and incorporate the
Article 3, Page IN
Supp. I
Division 3.2,Site Planning and Design Standards Section 3.2.](1)
City of Fort Collins Irrigation System Standards for Water
Conservation.
(K) Utilities. Landscape and utility plans shall be coordinated. The
following list sets forth minimum dimension requirements for the most
common tree/utility separations. Exceptions to these requirements may
occur where utilities are not located in their standard designated
locations, as approved by the Director. Tree/utility separations shall not
be used as a means of avoiding the planting of required street trees.
Article 3, Page 19
Supp. l
Division 3.2,Site Planning and Design Standards Section 3.2.2
3.2.2 Access, Circulation and Parking
(A) Purpose. This Section is intended to ensure that the parking and
circulation aspects of all developments are well designed with regard to
safety,efficiency and convenience for vehicles,bicycles,pedestrians and
transit, both within the development and to and from surrounding areas.
Sidewalk or bikeway extensions off-site may be required based on needs
created by the proposed development. This Section sets forth minimum
parking requirements in terms of numbers and dimensions of parking
stalls, landscaping and shared parking. It also addresses the placement
of drive-in facilities and loading zones.
(B) General Standard The parking and circulation system within each
development shall accommodate the movement of vehicles, bicycles,
pedestrians and transit,throughout the proposed development and to and
from surrounding areas, safely and conveniently, and shall contribute to
the attractiveness of the development. The on-site pedestrian system
must provide adequate directness, continuity, street crossings, visible
interest and security as defined by the standards in this Section. The on-
site bicycle system must connect to the city's on-street bikeway network.
Connections to the off-road trail system shall be made, to the extent
reasonably feasible.
(C) Development Standards. All developments shall meet the following
standards:
(1) Safety Considerations. To the maximum extent feasible,
pedestrians shall be separated from vehicles and bicycles.
(a) Where complete separation of pedestrians and vehicles
and bicycles is not possible, potential hazards shall be
minimized by the use of techniques such as special
paving, grade separations, pavement marking, signs or
striping, bollards, median refuge areas, traffic calming
features, landscaping, lighting or other means to clearly
delineate pedestrian areas, for both day and night use.
(b) Where pedestrians and bicyclists share walkways, the
pedestrian/bicycle system shall be designed to be wide
enough to easily accommodate the amount of pedestrian
and bicycle traffic volumes that are anticipated. A
Article 3, Page 22
SUPP. I
Division 3.2,Site Planning and Design Standards Section 3.2.2(C)
minimum width of eight (8) feet shall be required and
shall meet American Association of State Highway and
Transportation Officials(AASHTO)guidelines,Guide for
Development of Bicycle Facilities, August 1991, or any
successor publication. Additional width of up to four(4)
feet may be required to accommodate higher volumes of
bicycle and pedestrian traffic within and leading to
Community Commercial DistrictsEenters,Neighborhood
Commercial DistrictsEenters, schools and parks.
(2) Curbcuts and Ramps. Curbcuts and ramps shall be located at
convenient, safe locations for the physically disabled, for
bicyclists and for people pushing strollers or carts. The location
and design of curbcuts and ramps shall meet the requirements of
the Uniform Building Code and the City's Americans With
Disabilities Act ramp standards and shall avoid crossing or
funneling traffic through loading areas,drive-in lanes and outdoor
trash storage/collection areas.
(3) Site Amenities. Development plans shall include site amenities
that enhance safety and convenience and promote walking or
bicycling as an alternative means of transportation. Site
amenities may include bike racks, drinking fountains, canopies
and benches as described in the Fort Collins Bicycle Program
Plan and Pedestrian Phan as adopted by the city.
(4) Bicycle Facilities. Commercial, industrial, civic, employment
and multi-family residential uses shall provide bicycle facilities
to meet the following standards:
(a) Bicycle Parking. A minimum number of bicycle parking
spaces shall be provided, equal in number to five (5)
percent of the total number of automobile parking spaces
provided by the development, but not less than one (1).
(b) Location. For convenience and security, bicycle parking
facilities shall be located near building entrances,shall be
visible from the land uses they serve, and shall not be in
remote automobile parking areas. Such facilities shall
not, however, be located so as to impede pedestrian or
automobile traffic flow nor so as to cause damage to plant
material from bicycle traffic.
Article 3, Page 23
Supp. t
Division 3.2,Site Planning and Design Standards Section 3.2.2(C)
areas) adjacent to walkways shall be fully screened from
view.
Figure 3
Pedestrian Crossings
..� I with lighting. Standards shall be spaeed ft
maxitnttm of thirty (30) feet apart, and shall not emeee-4
tert(19)feet in height. Gi ear and direet littes of sight shall
be provided in pedestriatt settings to inerease visibility
areas) adjaeent to walkways shall be ftAly sereened
Kiev .
(6) Direct On-site Access to Pedestrian and Bicycle Destinations.
The on-site pedestrian and bicycle circulation system must be
designed to provide, or allow for, direct connections to major
pedestrian and bicycle destinations including, but not limited to,
parks, schools,Neighborhood Centers,Neighborhood Commer-
cial Districts and transit stops that are located either within the
development or adjacent to the development as required, to the
maximum extent feasible. The on-site pedestrian and bicycle
circulation system must also provide, or allow for, on-site
Article 3, Page 25
SUPP. I
Division 3.2,Site Planning and Design Standards Section 3.2.2(C)
connections to existing or planned off-site pedestrian and bicycle
facilities at points necessary to provide direct pedestrian and
bicycle travel from the development to similar major pedestrian
destinations located within the neighborhood. In order to provide
direct pedestrian connections to these destinations, additional
sidewalks or walkways not associated with a street, or the
extension of a sidewalk from the end of a cul-de-sac to another
street or walkway, may be required.
(7) Off-Site Access to Pedestrian and Bicycle Destinations. Off-site
pedestrian or bicycle facility improvements may be required in
order to comply with the requirements of Section 3.2.2(E)(1)
(Parking Lot Layout)and Section 3.6.4 (Transportation Level of
Service Requirements).
(8) Transportation Impact Study. In order to identify those facilities
that may be required in order to comply with these standards, all
development plans must submit a Transportation Impact Study
approved by the Traffic Engineer, which study shall be prepared
in accordance with the Transportation Impact Study guidelines
maintained by the city.
(D) Access and Parking Lot Requirements. All vehicular use areas in any
proposed development shall be designed to be safe,efficient,convenient
and attractive,considering use by all modes of transportation that will use
the system, (including, without limitation, cars, trucks, buses, bicycles
and emergency vehicles).
(1) Pedestrian/Vehicle Separation. To the maximum extent feasible,
pedestrians and vehicles shall be separated through provision of
a sidewalk or walkway. Where complete separation of pedestrian
and vehicles is not feasible,potential hazards shall be minimized
by using landscaping,bollards,special paving,lighting and other
means to clearly delineate pedestrian areas.
(2) Access. Unobstructed vehicular access to and from a public street
shall be provided for all off-street parking spaces. Vehicular
access shall be provided in such manner as to protect the safety of
persons using such access or traveling in the public street from
which such access is obtained and in such manner as to protect
the traffic-carrying capacity of the public street from which such
access is obtained.
Article 3, Page 26
Supp. I
Division 3.2, Site Planning and Design Standards Section 3.2.2(D)
(f) Maintenance. The property owner shall be
responsible for maintaining any vehicular use area in
good condition and free of refuse and debris and all
landscaping in a healthy and growing condition,replacing
it when necessary as determined by the City Forester.
(E) Parking Lot Layout.
(1) Circulation Routes. Parking lots shall provide well-defined
circulation routes for vehicles, bicycles and pedestrians.
(2) Traffic Control Devices. Standard traffic control signs and
devices shall be used to direct traffic where necessary within a
parking lot.
(3) Orientation. Parking bays shall be perpendicular to the land uses
they serve to the maximum extent feasible. Large parking lots
shall include walkways that are located in places that are logical
and convenient for pedestrians.
(4) Landscaped Islands. To the maximum extent feasible,
landscaped islands with raised curbs shall be used to define
parking lot entrances, the ends of all parking aisles and the
location and pattern of primary internal access drives, and to
provide pedestrian refuge areas and walkways.
(5) Points of Conflict. The lot layout shall specifically address the
interrelation of pedestrian, vehicular and bicycle circulation in
order to provide continuous, direct pedestrian access with a
minimum of driveway and drive aisle crossings. Remedial
treatment such as raised pedestrian crossings, forecourts and
landings, special paving, signs, lights and bollards shall be
provided at significant points of conflict.
(6) Lot Size/Scale. Large surface parking lots shall be Visually;and
functionally segmented into several smaller lots according to the
following standards:
(a) Large parking lots shall be divided into smaller sections
by landscape; areas. Each section shall contain a
maximum of two hundred(200)parking spaces.
(b) Parking bays shall extend no more than fifteen (15)
parking spaces without an intervening tree, landscape
island or landscape peninsula.
Article 3, Page 23
Supp. l
Division 3.2,Site Planning and Design Standards Section 3.2.2(G)
(F) User Needs. Layout and design shall anticipate the needs of users and
provide continuity between vehicular circulation,parking,pedestrian and
bicycle circulation. Pedestrian drop-off areas shall be provided where
needed, especially for land uses that serve children or the elderly.
(G) Shared Parking. Where a mix of uses creates staggered peak
periods of parking demand, shared parking calculations shall be made to
reduce the total amount of required parking. Retail, office, institutional
and entertainment uses may share parking areas. In no case shall shared
parking include the parking required for residential uses.
on street parking within or immediately adjaeent to the site shat"t
be eounted towarel the parking requirement of the subjeet ttse-.
(2) Lot Si�-&Wtttie. Large sttrf�ee parking lots shall be visttally and
ftinetionally segmenteel into several smaller lots aeeording to tli_�
ft)llowing Standards-.-
(a) Large parking lots shall be divided into smaller seetions
maximum of two hundred (200) ears.
(b) Parking bays shall extenel no more than fifteen(15)spftee�
without an intervening tree,landseape island or pettinstila.
(H) Drive-in Facilities. Any drive-in facilities, if permitted by the zone
district regulations set forth in Article 4, shall be secondary in emphasis
and priority to any other access and circulation functions. Such facilities
shall be located in side or rear locations that do not interrupt direct
pedestrian access along connecting pedestrian frontage. The design and
layout of drive-in facilities for restaurants, banks, or other uses shall:
(1) avoid potential pedestrian/vehicle conflicts;
(2) provide adequate stacking spaces for automobiles before and after
use of the facility;
(3) provide adequate directional signage to ensure a free-flow
through the facility; and
(4) provide a walk-up service option as well as drive-in.
(I) Truck Traffic. All developments that generate truck traffic that is
anticipated to adversely affect a neighborhood by creating noise, dust or
Article 3, Page 29
SUPP. I
Division 3.2,Site Planning and Design Standards Section 3.2.1(K)
Use Maximum Parking
Restaurants 1511000
a. Fast Food 10/1000
b. Standard
Bars,Taverns,and Nightclubs 10/1000
Commercial Recreational 6/1000
a. Limited Indoor Recreation .3/p
b. Outdoor erson cap.
c. Bowling Alley 5/1000
Theaters 1/3 seats
General Retail 4/1000
Personal Business and Service Shop 4/1000
Shopping Center 511000
Medical Office 4.5/1000
Financial Services 3.5/1000
Grocery Store, Supermarket 6/1000
General Office 3.0/1000
Vehicle Servicing& Maintenance 5.0/1000
Low Intensity Retail, Repair Service, Workshop and 2.0/1000
Custom Small Industry
Lodging Establishments Vunit
Health Facilities
a. Hospitals 1.0/bed
b. Lon,Term Care Facilities .33/bed
plus 1/two employees
on major shift
Industrial: Employee Parking .75/employee
(b) For uses that are not specifically listed in subsections
3.2.2(K)(1)or(2),the number of parking spaces permitted
shall be the number permitted for the most similar use
listed.
(e) Alternative Gornplianee. Upon written reqttest by the
parking ratio (as measttred by the number of parking
Article 3, Page 33
SupP. 1
Division 3.2,Site Planning and Design Standards Section 3.2.2(K)
spaees based on the sqttare .�Ootage of the gross leasable
area for nonresidential land uses)that may be sttbstituted
in whole or in part for a ratio meeting the statidards of this
doff.
plans shall be prepared and submitted--tift
aeeordtmee with the submittal reqttirements
shall eleatly identify and diseuss the madifieatio
and alternatives proposed and the wttys in whi
the plan will better aeeamplish the pttrpose of t
Seetiort than would a plan whieh eemplies with
the siaridards of this Seetion.
2. Review Criteria. To approve an alternative plart,
the a_,.:,.:_« ..take mttst first r._a that tthe Gity trip redttetion programs(if proposed alternative plan aeeomplishes
purposes o� this Seetion equally, well or better
standards oFthis Seetiort. in reviewing the reqtt
for an alternative parking ratio plan in order-to
determine whether it aeeomplishes the pttrposes-of
this Seetion as required above,the deeision maker
shall take into aeeottnt the rittmber of empla�qee�
expeeted ettstemers or elients, the availability of
nearby on street parking (if atty), the availabiHfy
of shared parking with abtttting, adjaeent or
surrounding land uses (if any), the provisio
pureltased or!eased parking sp
or private parking!at meeting the requirements-of
e
f�etors that may be uttique to the applieant�s
not approve the Altemative Parking Ratio Plan
miless it!
Et. does not detraet from eortfinttity,
pedestrians between or arnong existing or
fitture uses in the
or a
Article 3, Page 34
Supp. I
Division 3.2,Site Planning and Design Standards Section 3.1.2(K)
parking lots to the rear or along the side of
impaet along the publie street by plaeing
on the surrounding neighborhood,
Faeilities serving alternative modes of
transportatiolt-,
areas or fie�ttres,
f-. maintains handieap parking rations, and
and plaees parkitig lots along the side or to
the rear of bttilelings.
(3) On-Street Parking. In the M-M-N, C-C, and N-C districts, any
on-street parking within or immediately adjacent to the site shall
be counted toward the parking requirement of the subject use.
(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 square
footage of the gross leasable area 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.
(a) Procedure. Alternative compliance parking ratio plans
shall be prepared and submitted in accordance with the
submittal requirements for plans as set forth in this
Section.'Each such plan shall clearly identifyand discuss
the modifications and alternatives proposed and the ways
in which the plan will better accomplish the purpose of
this Section than would a plan which complies with the
standards of this Section. The request for alternative
compliance must be accompanied by either a traffic
impact study containing a trip generation analysis or by
Article 3, Page 35
Supp. I
Division 3.2,Site Planning and Design Standards Section 3.2.1(K)
other relevant data describing the traffic impacts ofany
proposed recreational or institutional land use or activity.
(b) Review Criteria. To approve an alternative plan, the
decision maker must fast find that Ahe proposed
alternative plan accomplishesthe purposes ofthis Section
equally well or better than would'a plan-which complies
with the standards of this Section. In reviewing the
request for an alternative parking ratio plan in order to
determine whether it accomplishes the purposes of this
Section as required above,the decision maker shall take
into account the number of employees occupying the
building or land use,the number of expected customers or
clients, the availability of nearby,on-street parking (if
any), the availability of shared parking with abutting,
adjacent or surrounding land uses (if any),the provision
of purchased or leased parking spaces in a municipal or
private parking lot meeting the requirements of City,
trip reduction programs(if any),or other factors that may
be unique to the applicant's development request. The
decision maker shall not approve the Alternative Parking
Ratio Plan unless it:
1. does not detract from continuity,connectivity and
convenient proximity for pedestrians between or
among existing or future uses in the vicinity,
2. minimizes the visual and aesthetic impact along
the public street by placing parking lots to the rear
or along the side of buildings, to the maximum
extent feasible,
3. . minimizes the visual and aesthetic impact on the
surrounding neighborhood,
4. creates no physical impact on any facilities
serving alternative modes of transportation,
5. creates no detrimental impact on natural areas or
features,
6. maintains handicap parking ratios, and
7. for projects located in D,L-M-N, M-M-N and C-
C zone districts, conforms with the established
Article 3, Page 36
SUPP. l
Division 3.2, Site Planning and Design Standards Section 3.2.2(K)
street and alley block patterns,and places jparking
lots along the side or to the rear of buildings.
(c) For recreational and institutional land uses that are required to
provide-a minimum amount of parking,`'a request for alternative
compliance to provide parking below the required minimum must
follow the same procedure and be held to the same review criteria
as described in Section 3.2.2(K)(4)(a) and 3.2.2(K)(4)(b),and in
addition,must demonstrate:
1. That there will be no dispersal of spillover parking onto
surrounding, adjacent or abutting land uses, and
2. That there will be no dispersal of spillover parking onto
surrounding,adj acent or abutting public streets(or private
streets not under legal ownership of the applicant)where
parking is prohibited.
Notwithstanding the spillover parking prohibitions above,
spillover parking may be allowed pursuant to this subsection for
"Special Event Parking" meaning parking associated with a
recreational facility, activity or institution expected to occur no
more than 4 times per year for school assemblies, pageants,
graduations,religious celebrations,or other ceremonies or events
that occur so infrequently that the public can reasonably be
expected to accept the inconvenience of spillover parking on such
infrequent occasions.
(35) Handicap Parking.
(a) Handicapped spaces. Parking spaces for the physically
handicapped shall have a stall width of twelve (12) feet
unless the space is parallel to a pedestrian walk. Other
dimensions shall be the same as those for standard
vehicles. Any such spaces shall be designated as being
for the handicapped with a raised standard identification
sign.
(b) Location. Handicap parking spaces shall be located as
close as possible to the nearest accessible building
entrance, using the shortest possible accessible route of
travel. When practical,the accessible route of travel shall
not cross lanes for vehicular traffic. When crossing
vehicle traffic lanes is necessary, the route of travel shall
be designated and marked as a crosswalk.
Article 3, P,ice 37
SUPP. l
Division 3.2,Site Planning and Design Standards Section 3.2.2(K)
(c) Marking. Every handicap parking space located
in a parking lot that contains more than five (5) total
parking spaces shall be identified by a sign, centered
between three(3) feet and five (5) feet above the parking
surface, at the head of the parking space. The sign shall
include the international symbol of accessibility and state
RESERVED, or equivalent language.
(d) Each parking lot shall contain at least the minimum
specified number of handicap spaces as provided in the
table below.
NUMBER OF HANDICAP PARKING SPACES
Total Parking Spaces in Lot Minimum Required Number of Accessible Spaces
1-25 1
26-50 2
51-75 3
76-100 4
101-150 5
151-200 6
201-300 7
301-400 8
401-500 9
501-1,000 2%of total spaces
Over 1,000 20 spaces plus 1 space for every 100 spaces,or
fraction thereof, over 1,000
(46) Loading Zones. All development shall provide loading zones and
service areas adequately sized to accommodate the types of
vehicles that use them. Such loading zones and service areas
shall be indicated on the development plan.
(L) Parking Stall Dimensions. Parking areas for automobiles shall meet the
following standards for long- and short-term parking of standard and
compact vehicles:
Article 3, Page 38
Supp. 1
Division 3.2, Site Planning and Design Standards Section 3.2.4(C)
Area/Activity* Foot-candle
Park walkways 0.5
Pedestrian stairways 0.3
Loading and unloading platforms 5.0
Parking areas 1.0
Playground 5.0
*Illuminating Engineering Society (IES) Lighting Handbook
(D) Design Standards. The lighting plan shall meet the following design
standards:
(1) Site lighting that may be confused with warning, emergency or
traffic signals is prohibited.
(2) Background spaces like parking lots shall be illuminated as
unobtrusively as possible to meet the functional needs of safe
circulation and of protecting people and property. Foreground
spaces, such as building entrances and plaza seating areas, shall
utilize local lighting that defines the space without glare.
(3) Light sources shall be concealed or shielded to the maximum
extent feasible to minimize the potential for glare and
unnecessary diffusion on adjacent property.
(4) The style of light standards and fixtures shall be consistent with
the style and character of architecture proposed on the site.
(5) Light sources must . minimize
contrast with the light produced by surrounding uses, and must
produce an unobtrusive degree of brightness in both illumination
levels and color rendition. Incandescent,mercury vapor and high
pressure sodium light sources all havc good color renditioT can
provide adequate illumination with low contrast and brightness
and are permitted light sources.
(6) Unique areas or neighborhoods within the city may have
additional design guidelines for lighting as part of a neighborhood
or area plan. The Community Planning and Environmental
Services Department can provide information regarding
neighborhood or area plans.
Article 3, Page 46
Supp. I
Division 3.3, Engineering Standards Section 3.3.2(D)
(D) 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 City Traffic Operations Engineer and shall
conform to the Manual of Uniform Traffic Control
Devices.
(c) Streets and alleys. All streets shall be paved with curbs
and gutters installed in accordance with the approved
utility plans. All alleys, where permitted, 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-width except as is otherwise provided
hereinbelow, 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
Article 3, Page 52
Supp. 1
Division 3.3, Engineering Standards Section 3.3.2(E)
(d) a letter from the installing developer and/or
engineer certifying that final payment of engineering fees
has been made;
(e) a map prepared by a licensed engineer or surveyor which
shows:
1. the location of the improvements constructed;
2. the name of the owner of each property which has
frontage along the improvements;
3. the frontage of each property abutting the
improvements, together with the assessment due
based on the original costs;
4. the acreage and parcel number of each property
abutting the improvements;
5. 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
6. any other information deemed necessary by the
Director of Engineering.
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.
(F) City Participation in Certain Street Improvements.
(1) If a street within or adjacent to the development is improved as an
arterial, collector or connector street rather than as a local street,
the developer making such improvements shall be reimbursed in
accordance with the provisions of Section 24-1124-2+of the City
Code.
Article 3, Page 56
SUPP. I
Division 3.3, Engineering Standards Section 3.3.2(F)
(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
Director of Engineering 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 Street Oversizing
Fund. 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+2+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 Director of
Engineering at the time of the termination.
3.3.3 Water Hazards
(A) Lands which are subject to flooding or are located in a natural
drainageway shall not be approved for development or redevelopment
unless the following conditions are met:
(1) the project development plan complies with the Basin Master
Drainageway Plan as applicable.
(2) the project development plan complies with city Stormwater
Design Criteria and Construction Standards.
(3) the project development plan complies with the floodplain
regulations as established in Chapter 10 of the City Code.
(4) any development in any 100-year floodplain is designed so as not
to cause any adverse effects to the development or to surrounding
properties from either increased flood heights, flow velocities,
flow duration, rate of rise of flood waters, channel stability or
sediment transport.
Article 3, Page 57
SupP. !
Division 3.4, Environmental, Natural, and Cultural Standards Section 3.4.1(C)
included on the Natural Areas Inventory map; key areas
for rare,migrant or resident butterflies as identified in the
NAPP; areas of high terrestrial or aquatic insect diversity
as identified in the NAPP;remnant native prairie habitat;
mixed foothill shrubland; foothill ponderosa pine forest;
plains cottonwood riparian woodlands; and any wetland
greater than one-quarter (�/4) acre in size.
(g) the character of the proposed development in terms of
use, density, traffic generation, quality of runoff water,
noise,lighting and similar potential development impacts.
(h) site topography, including but not limited to such
characteristics as steepness of slopes, existing drainage
features, rock outcroppings, river and stream terraces,
valley walls, ridgelines and scenic topographic features.
(3) Ecological Characterization. If the development site contains or
is within five hundred (500) feet of a natural area, or if it is
determined by the Director,upon information or from inspection,
that the site likely includes areas with wildlife, plant life and/or
other natural characteristics in need of protection, and if the city
does not then possess the information required by this subsection
to establish the LOD or the natural area buffer zone or to apply
review standards set forth below,then the developer shall provide
to the city a report prepared by a professional qualified in the
areas of ecology,wildlife biology or other relevant discipline that
describes, without limitation, the following:
(a) the wildlife use of the natural area showing the species of
wildlife using the area, the times or seasons that the area
is used by those species and the "value" (meaning
feeding,watering,cover,nesting,roosting,perching)that
the area provides for such wildlife species;
(b) the boundary of wetlands in the area, as determined in
establishing the LOD, and a description of the ecological
functions and characteristics provided by those wetlands;
(c) any prominent views from or across the site;
Article 3, Page 64
Supp. 1
Division 3.4, Environmental, Natural, and Cultural Standards Section 3.4.1(C)
(d) the pattern,species and location of any significant
native trees and other native site vegetation;
(e) the bank, shoreline and high water mark of any perennial
stream or body of water on the site;
(f) areas inhabited by or frequently utilized by Sensitive and
Specially Valued Species;
(g) special Habitat Features;
(h) wildlife movement corridors; and
(i) the general ecological functions provided by the site and
its features.
(j) any issues regarding the timing of development related
activities stemming from the ecological character of the
area.
(D) Development Standards and Guidelines.
(1) Limits of Development.
(a) No construction activity, including, without limitation,
grading,excavation or stockpiling of fill material shall be
permitted within the limits of development, whether to
provide for a building site, on-site utilities or services, or
for any roads or driveways prior to the approval by the
Stormwater Utility of the erosion and sedimentation
control plan for the development.
(b) To the maximum extent feasible, no development,
grading or vegetation removal or alteration shall occur as
a part of the development project or associated
construction activity outside the LOD except as provided
in subsection (c) below.
(c) The Director may allow disturbance or construction
activity outside the LOD for the following limited
purposes:
1. mitigation of development activities;
Article 3, Page 65
Supp. I
Division 3.4, Environmental, Natural, and Cultural Standards Section 3.4.1(D)
(c) The Director may allow disturbance or
construction activity within the natural area buffer zone
for the following limited purposes:
1. mitigation of development activities;
2. restoration of previously disturbed or degraded
areas;
3. emergency public safety activities and utility
installations when such activities and installations
cannot reasonably be contained within the LOD or
other nearby areas of development;
4. construction of a trail or pedestrian walkway that
will provide public access for educational or
recreational purposes when such trail or walkway
cannot reasonably be contained within the LOD or
other nearby areas of development.
(E) Protection of Wildlife Habitat and Ecological Character.
(1) Construction Timing. Construction shall be organized and timed
to minimize disturbance of Sensitive or Specially Valued Species
occupying or using on-site and adjacent natural areas.
(2) Prairie Dog Removal. Before the commencement of construction
on the development site, any prairie dogs inhabiting portions of
the site within the limits of development shall be relocated or
humanely eradicated by the developer by city approved methods
as set forth in Chapter 4 of the City Code, and when applicable,
as reviewed and approved by the Colorado Division of Wildlife.
(NOTE: Effective eradication methods are moisture and
temperature dependent, and therefore the 'eradication period is
seasonably limited such that May-June are optimal months.)
(3) Sensitive or Specially Valued Species. If the development site
contains or is within five hundred(500)feet of a natural area,and
the ecological characterization report required pursuant to
subsection(C)(3) above shows the existence in such natural area
of a plant or wildlife species identified by the city as a Sensitive
or Specially Valued Species, or by state or federal agencies as
"threatened" or "endangered," then the development plan shall
include provisions to ensure that any habitat contained in any
such
Article 3, Page 68
Supp. I
Division 3.4, Environmental, Natural, and Cultural Standards Section 3.4.1(F)
natural area or in the adjacent natural area buffer zone which is of
importance to the use or survival of any such species shall not be
disturbed or diminished and, to the maximum extent feasible,
such habitat shall be enhanced. (NOTE: Some studies,e.g.;rare
plant surveys,are time limited and can,only be performed during
certain seasons.)
(4) Connections. If the development site contains existing natural
areas that connect to other off-site natural areas,to the maximum
extent feasible the development plan shall preserve such natural
area connections. If natural areas lie adjacent to (meaning in the
region immediately round about) the development site, but such
natural areas are not presently connected across the development
site, then the development plan shall, to the extent reasonably
feasible, provide such connection. Such connections shall be
designed and constructed to allow for the continuance of existing
wildlife movement between natural areas and to enhance the
opportunity for the establishment of new connections between
natural areas for the movement of wildlife.
(5) Wildlife Conflicts. If wildlife that may create conflicts for the
future occupants of the development (including, but not limited
to,prairie dogs, beaver, deer and rattlesnakes)are known to exist
in areas adjacent to or on the development site, then the
development plan must,to the extent reasonably feasible,include
provisions such as barriers, protection mechanisms for
landscaping and other site features to minimize conflicts that
might otherwise exist between such wildlife and the developed
portion of the site.
(F) Lakes/Riparian Area Protection.
(1) Lakes, Reservoirs and Ponds. If the development site contains a
lake, reservoir or pond, the development plan shall include such
enhancements and restoration as are necessary to provide
reasonable wildlife habitat and improve aesthetic quality in areas
of shoreline transition and areas subject to wave erosion. The
development plan shall also include a design that requires
uniform and ecologically and aesthetically compatible treatment
among the lots or tracts surrounding a lake,reservoir or pond with
regard to the establishment of erosion control protection and
shoreline landscaping on or adjacent to such lots or tracts. Water
bodies and features such as reflecting pools and lagoons
constructed as new landscaping features of a development project
Article 3, Page 69
Supp. I
Division 3.5, Building Standards Section 3.5.1
DIVISION 3.5 BUILDING STANDARDS
Sections:
3.5.1 Building and Project Compatibility
3.5.2 Residential Building Standards
3.5.3 Mixed-Use, Institutional and Commercial Building
3.5.4 Large Retail Establishments
3.5.5 Convenience Shopping Center
These building standards should be read in conjunction with the zone district standards contained
in Article 4 of this Land Use Code.
3.5.1 Building and Project Compatibility
(A) Purpose. The purpose of this Section is to ensure that the physical and
operational characteristics of proposed buildings and uses are compatible
when considered within the context of the surrounding area. They should
be read in conjunction with the more specific building standards
contained in this Division 3.5 and the zone district standards contained
in Article 4.
(B) Architectural Character. New developments
in or adjacent to existing developed areas shall be compatible with the
established architectural character of such areas by using a design that is
complementary. Compatibility shall be achieved through techniques such
as the repetition of roof lines, the use of similar proportions in building
mass and outdoor spaces, similar relationships to the street, similar
window and door patterns,and/or the use of building materials that have
color shades and textures similar to those existing in the immediate area
of the proposed infill development. Brick and stone masonry shall be
considered compatible with wood framing and other materials.
(C) Building Size, Height, Bulk, Mass, Scale. in infill development,
bBuildings shall either be similar in size and height, or, if larger, be
articulated and subdivided into massing that is proportional to the mass
and scale of other structures on the same block, or if no buildings exist
thereon, then on adjoining blocks. (See Figure 7.)
Article 3, Page 78
Supp. I
Division 3.6, Transportation and Circulation Section 3.6.2(J)
(2) Alleys shall be provided in commercial and industrial
areas unless other provisions are made and approved for service
access.
(3) All alleys shall be constructed in conformance with the "Design
and Construction Criteria, Standards and Specifications for
Streets, Streetscapes, Sidewalks,Alleys and Other Public Ways"
as adopted by the City Council by ordinance or resolution.
(4) Easements,public and private, of such widths as necessary shall
be provided on lots for utilities, public access, stormwater
drainage or other pub]is purposes as required and approved by the
Director of Engineering.
(5) Pedestrian and bicycle paths shall be provided to accommodate
safe and convenient pedestrian and bicycle movement throughout
the subdivision and to and from existing and future adjacent
neighborhoods and other development; all such pedestrian and
bicycle paths shall be constructed in conformity with the"Design
and Construction Criteria, Standards and Specifications for
Streets, Streetscapes, Sidewalks,Alleys and Other Public Ways"
as adopted by the City Council by ordinance or resolution.
(6) The subdivider shall be responsible for adequate provisions to
eliminate or control flood hazards associated with the subdivision
in accordance with Chapter 10 of the City Code. Agreements
concerning stormwater drainage between private parties shall be
subject to city review and approval.
3.6.3 Street Pattern and Connectivity Standards
(A) Purpose. This Section is intended to ensure that the local street system
is well designed with regard to safety, efficiency and convenience for
automobile, bicycle, pedestrian and transit modes of travel.
For the purposes of this Division, "local street system" shall mean the
interconnected system of collector,eenneetar and local streets providing
access to development from an arterial street.
(B) General Standard. The local street system of any proposed development
shall be designed to be safe, efficient, convenient and attractive,
considering use by all modes of transportation that will use the system,
(including, without limitation, cars, trucks, buses, bicycles, pedestrians
and
Article 3, Page 109
Supp. I
Division 3.6, Transportation and Circulation Section 3.6.3(B)
emergency vehicles). The local street system shall provide multiple
direct connections to and between local destinations such as parks,
schools and shopping. Local streets must provide for both intra- and
inter-neighborhood connections to knit developments together, rather
than forming barriers between them. The street configuration within each
parcel must contribute to the street system of the neighborhood.
(C) Spacing of Full Movement Collectors—and Local Street
Intersections With Arterial Streets. Potentially signalized, full-
movement intersections of collectoreeteror local streets with
arterial streets shall be provided at least every one thousand three hundred
twenty (1320) feet or one-quarter ('/4) 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,
connector or local streets intersections with State highways.
(D) Spacing of Limited Movement Collectors-or Local Street
Intersections With Arterial Streets. Additional nonsignalized,
potentially limited movement, collectorr—or local street
intersections with arterial streets shall be spaced at intervals not to
exceed six hundred sixty (660) feet between full
movement collector eanneet or local street intersections, unless
rendered infeasible due to unusual topographic features, existing
development or a natural area or feature.
The Director of Engineering may require any limited movement collector;
eontieeter or local street intersections to include an access control median
or other acceptable access control device. The Director of Engineering
may also allow limited movement intersections to be initially constructed
to allow full movement access.
(E) Distribution of Local Traffic to Multiple Arterial Streets. All
development plans shall contribute to developing a local street system
that will allow access to and from the proposed development, as well as
access to all existing and future development within the same section
mile as the proposed development, from at least three (3) arterial streets
upon development of remaining parcels within the section mile, unless
rendered infeasible by unusual topographic features, existing
development or a natural area or feature.
Article 3, Page 110
Supp. I
Division 3.6, Transportation and Circulation Section 3.6.3(E)
The local street system shall allow multi-modal access and multiple
routes from each development to existing or planned neighborhood
centers, parks and schools, without requiring the use of arterial streets,
unless rendered infeasible by unusual topographic features, existing
development or a natural area or feature.
(F) Utilization and Provision of Sub Arterial Street Connections to and
from Adjacent Developments and Developable Parcels. All
development plans shall incorporate and continue all sub-arterial streets
stubbed to the boundary of the development plan by previously approved
development plans or existing development. All development plans shall
provide for future public street connections to adjacent developable
parcels by providing a local street connection at least every spaced at
intervals not to exceed six hundred sixty (660) feet along each
development plan boundary that abuts potentially developable or
redevelopable land.
(G) Gated Developments. Gated street entryways into residential
developments shall be prohibited.
(H) Alternative Compliance. Upon request by an applicant, the decision
maker may approve an alternative development plan that may be
substituted in whole or in part for a plan meeting the standards of this
Section.
(1) Procedure. Alternative compliance development plans shall be
prepared and submitted in accordance with submittal
requirements for plans as set forth in this Section. The plan and
design shall clearly identify and discuss the modifications and
alternatives proposed and the ways in which the plan will better
accomplish the purpose of this Section than would a plan which
complies with the standards of this Section.
(2) Review Criteria. To approve an alternative plan, the decision
maker must first find that the proposed alternative plan
accomplishes the purposes of this Division equally well or better
than would a plan and design which complies with the standards
of this Division, and that any reduction in access and circulation
for vehicles maintains facilities for bicycle,pedestrian and transit,
to the maximum extent feasible.
Article 3, Page I I I
Supp. I
Division 3.8,Supplementary Regulations Section 3.8.11
(b) Exterior area security lighting controlled by an
automatic light level switch is installed and maintained in
good operating condition.
(c) Such lighting is directed into the site and not outward
toward the perimeter.
(3) Fences or walls shall be:
(a) no more than four(4)feet high between the front building
line and front property line;
(b) no more than four (4) feet high if located on a-side yard
lirte-in the front yard, or within any required side yard
setback area in the front yard, except if required for
demonstrated unique security purposes;
(c) no more than six(6)feet high if located en-a rear roperty
li-newithin any required rear yard setback area or ott a side
yard line itt areffl.- within`any side yard setback area
in a rear yard:
(d) no more than forty-two(42)inches in height when located
within the visual clearance triangle described in Section
3.2.1(L), and, if over thirty-two (32) inches in height
within such triangle, fences shall be constructed of split
rail with a minimum dimension of twelve (12) inches
between horizontal members.
3.8.12 Adult-Oriented Uses
(A) Adult-oriented uses shall be permitted only in the zone districts
established in Article 4 wherein such uses are specifically allowed.
(B) Adult-oriented uses shall not be established, operated or maintained
within one thousand(1,000) feet of the boundary of any residential zone
district(whether within or beyond the city's jurisdictional boundary),any
structure occupied for residential purposes, any public park or
playground, any child care center, any outdoor recreation facility, any
limited indoor recreation use, any place of worship or assembly, any
school meeting all of the requirements of the compulsory education laws
of the State and/or any other adult-oriented use. An adult-oriented use
lawfully operating as a conforming use shall not be rendered a
nonconforming use by the subsequent location of a residential district or
Article 3, Page 153
Supp. 1
Division 3.8,Supplementary Regulations Section 3.8.17(C)
(3) elevator bulkheads and stairway enclosures;
(4) fire towers;
(5) utility poles and support structures;
(6) belfries, spires and steeples;
(7) monuments and ornamental towers;
(8) solar energy systems.
3.8.18 Residential Density Calculations
(A) Calculation of the gross residential density shall be performed (and
included on the development plan) in the following manner:
(1) Determining the gross acreage. The gross acreage of all the land
within the boundaries of the development shall be included in the
density calculation except:
(a) land previously dedicated, purchased or acquired for any
public use; and
(b) land devoted to nonresidential uses such as commercial,
office, industrial or civic uses.
(2) The foregoing gross acreage calculation shall be shown in a table
format on the development plan and shall form the basis for
calculating the gross residential density.
(3) The total number of dwelling units shall be divided by the gross
residential acreage. The resulting gross residential density shall
also be shown in a table format on the development plan.
(B) Calculation of the net residential density shall be performed (and
included on the development plan) in the following manner:
(1) Determining the net residential acreage. The net residential
acreage shall be calculated by subtracting the following from the
gross acreage, as determined in subsection (A) above:
Article 3, Page 160
Supp. I
Division 3.8, Supplementary Regulations Section 3.8.20(B)
(B) Expansions and Enlargements of Other Nonresidential
Buildings and of Multi-Family Dwellings. Any proposal for the
enlargement or expansion of a nonresidential building that was
constructed pursuant to a building permit review, or use-by-right review
under prior law, and that is not otherwise regulated by subparagraph
3.8.20(A) of this Section, and any proposal for the enlargement or
expansion of a multi-family dwelling that was constructed pursuant to a
building permit review, or use-by-right review under prior law, must
comply with the requirements contained in Section 1.6.5,the applicable
general development standards contained in Article 3,and the applicable
district standards contained in Article 4.
(C) Expansions and Enlargements of Single-Family Dwellings, Two-
Family Dwellings and Accessory Buildings. Any proposal for the
enlargement or expansion of a single-family dwelling, two-family
dwelling or accessory building shall be subject to building permit review
in accordance with Division 2.6 and shall comply with the applicable
general development standards contained in Article 3 and the applicable
district standards contained in Article 4.
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.
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.
Article 3, Page 165
Supp. 1
Division 4.1, Urban Estate District Division 4.1
DIVISION 4.1 URBAN ESTATE DISTRICT(U-E)
(A) Purpose. The Urban Estate District is intended to be a setting for a
predominance of low-density and large-lot housing. The main purposes
of this district are to acknowledge the presence of the many existing
subdivisions which have developed in these uses that function as parts of
the community and to provide additional locations for similar
development, typically in transitional locations between more intense
urban development and rural or open lands.
(B) Permitted Uses.
(1) The following uses are permitted in the U-E District, subject to
building permit review, provided that such uses are located on
lots that are part of an approved site-specific development plan:
(a) Accessory/Miscellaneous Uses:
1. Accessory buildings containing two thousand five
hundred (2,500) square feet or less of floor area.
2. Accessory uses.
(b) Any use authorized pursuant to a site specific
development plan that was processed and approved either
in compliance with the Zoning Code in effect on March
27, 1997, or in compliance with this Land Use Code
(other than a final subdivision plat, or minor subdivision
plat, approved pursuant to Section 29-643 or 29-644 of
prior law, for any nonresidential development or any
multi-family dwelling containing more than four [4]
dwelling units),provided that such use shall be subject to
all of the use and density requirements and conditions of
said site specific development plan.
(c) Any use which is not hereafter listed as a permitted use in
this zone district but which was permitted for a specific
parcel of property pursuant to the zone district regulations
in effect for such parcel on March 27, 1997; and which
physically existed upon such parcel on March 27, 1997;
provided,however,that such existing use shall constitute
a permitted use only on such parcel of property.
(d) Institutionat/Civic/Public Uses:
Article 4, Page 3
supp. I
Division 4.1, Urban Estate District Division 4.1(B)
1. Neighborhood Parks as defined by the
Parks and Recreation Policy Plan.
(2) The following uses are permitted in the U-E District,
subject to administrative review:
(a) Residential Uses:
1. Single-family detached dwellings.
2. Two-family dwellings.
3. Single-family attached dwellings.
4. Group homes for up to eight(8) developmentally
disabled or elderly persons.
(b) Institutionat/Civic/Public Uses:
1. Public facilities.
2. Parks, recreation and other open lands, except
neighborhood parks as defined by the Parks and
Recreation Policy Plan.
3. Cemeteries.
(c) Accessory/Miscellaneous Uses:
1. Farm animals.
(3) The following uses are permitted in the U-E District, subject to
Planning and Zoning Board review:
(a) Residential Uses:
1. Residential cluster developments.
(b) Institutional/Civic/Public Uses:
1. Public and private schools for elementary,
intermediate and high school education.
2. Places of worship or assembly.
Article 4, Page 4
supp. I
Division 4.2, Residential Foothills District Division 4.2
DIVISION 4.2 RESIDENTIAL FOOTHILLS DISTRICT(R-F)
(A) Purpose. The Residential Foothills District designation is for low density
residential areas located near the foothills.
(B) Permitted Uses.
(1) The following uses are permitted in the R-F District, subject to
building permit review, provided that such uses are located on
lots that are part of an approved site specific development plan:
(a) Accessory/Miscellaneous Uses:
1. Accessory buildings.
2. Accessory uses.
(b) Any use authorized pursuant to a site specific
development plan that was processed and approved either
in compliance with the Zoning Code in effect on March
27, 1997, or in compliance with this Land Use Code
(other than a final subdivision plat, or minor subdivision
plat, approved pursuant to Section 29-643 or 29-644 of
prior law, for any nonresidential development or any
multi-family dwelling containing more than four [4]
dwelling units), provided that such use shall be subject to
all of the use and density requirements and conditions of
said site specific development plan.
(c) Any use which is not hereafter listed as a permitted use in
this zone district but which was permitted for a specific
parcel of property pursuant to the zone district regulations
in effect for such parcel on March 27, 1997; and which
physically existed upon such parcel on March 27, 1997;
provided,however,that such existing use shall constitute
a permitted use only on such parcel of property.
(d) Institutional/Civic/Public Uses:
1. Neighborhood Parks as defined by the Parks and
Recreation Policy Plan.
(2) The following uses are permitted in the R-F District, subject to
administrative review:
Article 4, Page 9
supp. I
Division 4.2, Residential Foothills District Division 4.2(B)
(a) Institutional/Civic/Public Uses:
1. Parks, recreation and other open lands, except
neighborhood parks as defined by the Parks and
Recreation Plan Policy.
(b) Accessory/Miscellaneous Uses:
1. Farm animals.
(3) The following uses are permitted in the R-F District, subject to
review by the Planning and Zoning Board:
(a) Residential Uses:
1. Single-family detached dwellings.
2. Residential cluster developments.
3. Group homes.
(b) Institutional/Civic/Public Uses:
1. Public and private schools for elementary,
intermediate and high school education.
2. Places of worship or assembly.
3. Public facilities.
(c) Accessory/Miscellaneous Uses:
1. Wireless telecommunications equipment.
(C) Prohibited Uses. All uses that are not(1)expressly allowed as permitted
uses in this section or (2) determined to be permitted by the Director
pursuant to Section 1.3.4 of this Land Use Code shall be prohibited.
(D) Land Use Standards.
(1) Density/Intensity of Development.
Article 4, Page 10
supp. I
Division 4.3, Low Density Residential District Division 4.3
DIVISION 4.3 Low DENSITY RESIDENTIAL DISTRICT(R-L)
(A) Purpose. The R-L Low Density Residential District designation is
intended for predominately single-family residential areas located
throughout the city which were existing at the time of adoption of this
Land Use Code.
(B) Permitted Uses.
(1) The following uses are permitted in the R-L District, subject to
building permit review, provided that such uses are located on
lots that are part of an approved site specific development plan:
(a) Residential Uses:
1. Single-family detached dwellings.
(b) Accessory/Miscellaneous Uses:
1. Accessory buildings.
2. Accessory uses.
(c) Any use authorized pursuant to a site specific
development plan that was processed and approved either
in compliance with the Zoning Code in effect on March
27, 1997, or in compliance with this Land Use Code
(other than a final subdivision plat, or minor subdivision
plat, approved pursuant to Section 29-643 or 29-644 of
prior law, for any nonresidential development or any
multi-family dwelling containing more than four [4]
dwelling units),provided that such use shall be subject to
all of the use and density requirements and conditions of
said site specific development plan.
(d) Any use which is not hereafter listed as a permitted use in
this zone district but which was permitted for a specific
parcel of property pursuant to the zone district regulations
in effect for such parcel on March 27, 1997; and which
physically existed upon such parcel on March 27, 1997;
provided,however,that such existing use shall constitute
a permitted use only on such parcel of property.
(e) InstitutionaUCivic/Public Uses:
Article 4, Page 14
Stipp. 1
Division 4.3, Low Density Residential District Division 4.3(B)
1. Neighborhood Parks as defined by the Parks and
Recreation Policy Plan.
(2) The following uses are permitted in the R-L District,
subject to administrative review:
(a) Residential Uses:
1. Single-family detached dwellings.
(b) Institutional/Civic/Public Uses:
1. Parks, recreation and other open lands,;except
neighborhood parks as defined by the Parks and
Recreation Policy Plan.
2. Public facilities.
3. Places of worship or assembly.
(3) The following uses are permitted in the R-L District, subject to
review by the Planning and Zoning Board:
(a) Residential Uses:
1. Group homes.
(b) Institutional/Civic/Public Uses:
1. Public and private schools for elementary,
intermediate and high school education.
2. Community facilities.
(c) Commercial/Retail Uses:
1. Child care centers, provided that no child care
center shall be permitted to be located in this zone
district on property which is within one thousand
five hundred (1,500) feet of any existing child
care center within the city. For the purpose of this
provision, the distance between an existing child
care center and the property on which a child care
Article 4, Page 15
Supp. l
Division 4.4, Low Density Mixed-Use Neighborhood District Division 4.4(B)
pursuant to Section 29-643 or 29-644 of prior law,for any
nonresidential development or any multi-family dwelling
containing more than four [4] dwelling units), provided
that such use shall be subject to all of the use and density
requirements and conditions of said site specific
development plan.
(c) Any use which is not hereafter listed as a permitted use in
this zone district but which was permitted for a specific
parcel of property pursuant to the zone district regulations
in effect for such parcel on March 27, 1997; and which
physically existed upon such parcel on March 27, 1997;
provided,however,that such existing use shall constitute
a permitted use only on such parcel of property.
(d) Institutional/Civic/Public Uses:
1. Neighborhood Parks as defined by the Packs and
Recreation Policy Plan.
(2) The following uses are permitted in the L-M-N District, subject
to administrative review:
(a) Residential Uses:
1. Single-family detached dwellings.
2. Two-family dwellings.
3. Single-family attached dwellings.
4. Multi-family dwellings (limited to six [6]or less
units per building).
5. Group homes for up to eight(8)developmentally
disabled or elderly persons.
(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
Article 4, Page )9
Supp. I
Division 4.4, Low Density Mixed-Use Neighborhood District Division 4.4(B)
are located within three hundred(300)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.
(c) Commercial/Retail Uses:
1. Bed and breakfast establishments with six (6) or
fewer beds.
2. Child care centers.
3. Retail stores with less than five thottsand (5,909)
square feet of gross floor area, provided they
part of a neighborhood eenter and are eambin
with at least one (1) other ttse listed in
subparagraph (9)(3)(e) below.
4. Persotta4 and business serviee shops provided they
are part of a neighborhood eenter and are
eombiried with at least one (1) other ttse listed itt
subparagraph (D)(3)(e) below.
less than five thattsand (5,900) square feet 4
gross floor area, provided they are part of--a
(9)(3)( wt
3. Neighborhood centers consisting of at least of
the following uses;retail stores with less than five
thousand (5000) square feet of gross floor area;
convenience grocery stores;personal and business
Article 4, Page 20
Supp. l
Division 4.4, Low Density Mixed-Use Neighborhood District Division 4.4(B)
service shops; small animal veterinary facilities;
offices, financial services and clinics containing
less than five,thousand (5,000)°square -feet 1bf
gross floor area; . community facilities
neighborhood 'support/recreation facilities;
schools;child care centers;and places of Worship
or assembly.
(3) The following uses are permitted in the L-M-N District, subject
to Planning and Zoning Board review:
(a) Residential Uses:
1. Mobile home parks.
2. Group homes,other than allowed in subparagraph
(2)(a)5 above.
3. Boarding and rooming houses.
4. Mixed-use dwelling units.
(b) Institutional/Civic/Public Uses:
1. Public and private schools for elementary,
intermediate and high school education.
2. Golf courses.
3. Long-term care facilities.
(c) Commerciat/Retail Uses:
are part of a neighborhood eenter and are
subparagraph (D)(3)(e) below.
2. Attisan and photography studias and i. Standard and f�st food restattrants, provided they
provided they are part of a neighiberhood een
and are eombined with at least one (4) other tise
listed iti subparagraph (1))(3)(e) below.
Article 4, Page 21
Supp. 1
Division 4.4, Low Density Mixed-Use Neighborhood District Division 4.4(B)
1. Neighborhood centers consisting of one (1) or
more of the following uses:standard and fast food
restaurants; artisan and photography'studiosand
galleries; or convenience g 11 rocery stores-with fuel
sales that are at least three-quarter(3/4)mile from
another such use; ' idedjthat such use or uses
'Provare combined with at least one(1)'other use listed
in Section 4.4(13)(2)(c)(3)above.
32. Limited indoor recreation establishments,
provided they are located within five hundred
(500) feet of East Vine Drive.
43. Offices, financial services and clinics containing
five thousand(5,000)or more square feet of gross
floor area and/or which are not part of a
neighborhood center.
provided they are part of a neighborhood eett
and are eombine4 with at least one (1) other tt�e
listed in subparagraph(9)(�)(e)below,and it i
leastiltree quarter(;�)mile from another sttehttse.
(d) Industrial Uses (provided they are located within five
hundred [500] feet of East Vine Drive):
1. Workshops and custom small industry.
2. Light industrial (production, assembly,
packaging).
(e) Accessory/Miscellaneous Uses:
1. Wireless telecommunication equipment.
(C) Prohibited Uses. All uses that are not(1)expressly allowed as permitted
uses in this Section or (2) determined to be permitted by the Director
pursuant to Section 1.3.4 of this Land Use Code shall be prohibited.
(D) Land Use Standards.
(1) Density.
Article 4, Page 22
Supp. I
Division 4.4, Low Density Mixed-Use Neighborhood District Division 4.4(D)
located where the network of local streets provides direct
access to the Center. The location may be:
l. in the interior of a residential development, or
2. along arterial streets.
Neighborhood centers with retail uses or restaurants shall be
spaced at least three thousand nine hundred sixty (3,960) feet
(three-quarter [3/4] mile) apart.
(c) Land Use Requirements. A neighborhood center
shall include two (2) or more of the following uses:
community facilities; neighborhood support/recreation
facilities;schools;child care centers;places of worship or
assembly; convenience retail stores; offices, financial
services and clinics; personal or business service shops;
standard or fast food restaurants; small animal veterinary
clinics; and artisan or photography studios or galleries.
No drive-in facilities shall be permitted. A neighborhood
center shall be a maximum of five (5) acres in size,
excluding schools,parks and outdoor spaces as defined in
subparagraph (e) of this Section.
(d) Design and Access. The design of neighborhood centers
shall be integrated with surrounding residential areas by
matching the scale of nearby residential buildings;
providing direct access from surrounding residential
areas; creating usable outdoor spaces; orienting building
entrances to connecting walkways; and, to the extent
reasonably feasible, maintaining/continuing the
architectural themes or character of nearby
neighborhoods.
(e) Outdoor Spaces. A publicly accessible outdoor space
such as a park, plaza, pavilion or courtyard shall be
included within or adjacent to every neighborhood center
to provide a focal point for such activities as outdoor
gatherings, neighborhood events,picnicking, sitting, and
passive and active recreation.
(4) Other Nonresidential Development. Permitted nonresidential
uses that are not part of a neighborhood center shall not be
approved in any development project until the requirements for
Article 4, page 25
supp. 1
Division 4.4, Low Density Mixed-Use Neighborhood District Division 4.4(D)
(7) Small Neighborhood Parks. Either aA--ant&H
neighborhood park, either publie or a privately owned park,that
is at least one (1)acre in size shall be located within a maximum
of one-third (`/s) mile of at least ninety (90) percent of the
dwellings in a development project as measured along street
frontage. Such parks shall meet the following criteria:
(a) Location. Such parks shall be highly visible, secure
settings formed by the street layout and pattern of lots and
easily observed from streets. Rear facades and rear yards
of dwellings shall not abut more than two (2) sides or
more than fifty (50) percent of the perimeter frontage of
the park.
(b) Accessibility. All parts of such parks shall be safely and
easily accessible by pedestrians.
(c) Facilities. Such parks shall consist of multiple-use turf
areas, walking paths, plazas, pavilions, picnic tables,
benches or other features for various age groups to enjoy.
(d) Ownership and Maintenance. Such parks may, in the
discretion of the city, be acquired by the city (through
dedication or purchase), or be privately owned and
maintained by the developer or property owners
association.
(e) Storm Drainage. When integrating storm drainage and
detention functions to satisfy this requirement,the design
of such facilities shall not result in slopes or gradients that
conflict with other recreational and civic purposes of the
park.
(E) Development Standards.
(1) Streets and Blocks.
(a) Street System Block Size. The local street system
provided by the development shall provide an
interconnected network of streets in a manner that results
in blocks of developed land bounded by connecting
streets no greater than twelve (12) acres in size.
Article 4, Page 27
SUPP. I
Division 4.4, Low Density Mixed-Use Neighborhood District Division 4.4(E)
(b) Mid-Block Pedestrian Connections. If any block
face is over seven hundred(700)feet long,then walkways
connecting to other streets shall be provided at
approximately mid-block or at intervals of at least every
six hundred fifty (650) feet, whichever is less.
(2) Nonresidential and Mixed-Use Buildings.
(a) All nonresidential buildings permitted under this Section,
including industrial buildings,shall meet the standards for
Mixed-Use and Commercial Buildings in Section 3.5.3.
(b) Maximum Size. No building footprint shall exceed a total
of twenty thousand (20,000) square feet.
(c) Height. In order to encourage roof forms, dormers,
windows, balconies and similar features associated with
occupied space, to the extent reasonably feasible,
buildings or parts of buildings shall be at least one and
one-half (1.5) stories in height (with functional and
occupied space under the roof). The maximum height
shall be two and one-half(2.5) stories.
(d) Roof Form. Buildings shall have either: 1) sloped roofs;
2) combined flat and sloped roofs, provided that the
sloped portion(s) forms a substantial part of the building
and is related to the integral structure,entries and activity
areas; or 3) flat roofs with building massing stepped or
terraced back to form usable roof terrace area(s). The
minimum pitch of any sloped roof shall be 6:12.
Buildings containing more than four thousand (4,000)
square feet of gross floor area shall have at least three(3)
roof planes that are directly related to building facade
articulations.
(e) Building Massing. No building permitted by this Section
shall have a single undifferentiated mass with a footprint
over ten thousand (10,000) square feet. No building
footprint shall exceed a total of twenty thousand(20,000)
square feet.
Article 4, Page 28
supp. I
Division 4.4, Low Density Mixed-Use Neighborhood District Division 4.4(E)
1. For any building with a footprint in excess
of ten thousand(10,000)square feet,walls that are
greater than seventy-five (75) feet in length shall
incorporate recesses or projections created by wall
plane returns of at least thirty (30) feet; any such
building shall be differentiated into multiple
sections of mass in order to achieve proportions
that are compatible in scale with adjacent
residential neighborhoods.
2. Minimum front yard setback of all buildings shall
be fifteen (15) feet in order to provide a
landscaped front yard consistent with the
residential character of the L-M-N zone district.
(f) Orientation. Building entrances shall face and open
directly onto the adjoining local street with parking and
any service functions located in side or rear yards and
incorporated into the development according to the
provisions of this Land Use Code.
(g) Outdoor Storage. Outdoor storage shall be prohibited.
(h) Hours of operation. The decision maker may limit hours
of operation, hours when trucking and deliveries may
occur,and other characteristics of the nonresidential uses
in order to enhance the compatibility with residential
uses.
(i) Drive-in Uses. Drive-in uses shall be prohibited.
(3) Maximum Residential Building Height. The maximum height of
residential buildings shall be two and one-half(2.5) stories.
Article 4, Page 19
Supp. I
Division 4.5, Medium Density Mixed-Use Neighborhood District Division 4.5(B)
in effect for such parcel on March 27, 1997; and which
physically existed upon such parcel on March 27, 1997;
provided,however,that such existing use shall constitute
a permitted use only on such parcel of property.
(d) Institutional/Civic/Public Uses:
1. Neighborhood Parks as defined by the Parks and
Recreation Policy Plan.
(2) The following uses are permitted in the M-M-N District, subject
to administrative review:
(a) Residential Uses:
1. Single-family detached dwellings on lots
containing no more than six thousand (6,000)
square feet.
2. Two-family dwellings.
3. Single-family attached dwellings.
4. Multi-family dwellings.
5. Mixed-use dwelling units.
6. Group homes for up to eight(8)developmentally
disabled or elderly persons.
7. Boarding and rooming houses.
(b) Institutional/Civic/Public Uses:
1. Places of worship or assembly.
2. Public and private schools, including colleges,
universities, vocational and technical training.
3. Community facilities.
4. Public facilities.
Article 4, Page 31
Supp. I
Division 4.5, Medium Density Mixed-Use Neighborhood District Division 4.5(B)
5. Parks, recreation and other open lands, except
neighborhood parks as defined by the Parks and
Recreation Policy Plan.
(c) Commercial/Retail Uses:
1. Bed and breakfast establishments with no more
than six (6) beds.
2. Convenience retail stores without fuel sales.
3. Convenience retail stores with fuel sales separated
at least three thousand nine hundred sixty(3,960)
feet (3/4 mile) from the nearest convenience retail
store.
4. Artisan and photography studios and galleries.
5. Child care centers.
(d) Accessory/Miscellaneous Uses:
1. Accessory buildings containing more than six
hundred fifty (650) square feet of floor area.
(3) The following uses are permitted in the M-M-N District, subject
to Planning and Zoning Board review:
(a) Residential Uses:
1. Group homes,other than allowed in subparagraph
(2)(a) above.
2. Fraternity and sorority houses.
(b) Institutional/Civic/Public Uses:
1. Public and private schools for elementary,
intermediate and high school education.
2. Long-term care facilities.
Article 4, Page 32
Supp. I
Division 4.5, Medium Density Mixed-Use Neighborhood District Division 4.5(B)
(c) Commercial and Retail Uses:
1. Personal and business service shops.
2. Offices, financial services, clinics and small
animal veterinary clinics.
(d) Accessory/Miscellaneous Uses:
1. Wireless telecommunication equipment.
(C) Prohibited Uses. All uses that are not(1)expressly allowed as permitted
uses in this Section or (2) determined to be permitted by the Director
pursuant to Section 1.3.4 of this Land Use Code shall be prohibited.
(D) Land Use Standards.
(1) Density. Residential developments in the Medium Density
Mixed-Use Neighborhood District shall have an overall minimum
average density of twelve (12) dwelling units per net acre of
residential land except that residential developments (whether
approved pursuant to overall development plans or project
development plans) containing twenty (20) acres or less and
located in the Infill Area shall have an overall minimum average
density of seven(7)dwelling units per net acre of residential land.
(a) The minimum residential density of any phase in a
multiple-phase development plan shall be seven (7)
dwelling units per net acre of residential land.
(2) Mix of Housing Types. A complete range of the permitted
housing types is encouraged in a neighborhood and within any
individual development plan, to the extent reasonably feasible,
depending on the size of the parcel. The following minimum
standards are intended to promote such variety:
(a) A minimum of two(2)housing types shall be required on
any development parcel sixteen (16) acres or larger,
including parcels part of a phased development. A
minimum of three (3)housing types shall be required on
any development parcels thirty (30) acres or larger.
Article 4, Page 33
supp. 1
Division 4.6, Neighborhood Conservation, Low Density District Division 4.6
DIVISION 4.6 NEIGHBORHOOD CONSERVATION,Low DENSITY DISTRICT(N-C-L)
(A) Purpose. The Neighborhood Conservation, Low Density District is
intended to preserve the character of areas that have a predominance of
developed single-family dwellings and have been given this designation
in accordance with an adopted subarea plan.
(B) Permitted Uses.
(1) The following uses are permitted in the N-C-L District,subject to
building permit review, provided that such uses are located on
lots that are part of an approved site-specific development plan:
(a) Residential Uses:
1. Single-family detached dwellings.
(b) Accessory/Miscellaneous Uses:
1. Accessory buildings.
2. Accessory uses.
(c) Any use authorized pursuant to a site specific
development plan that was processed and approved either
in compliance with the Zoning Code in effect on March
27, 1997, or in compliance with this Land Use Code
(other than a final subdivision plat, or minor subdivision
plat, approved pursuant to Section 29-643 or 29-644 of
prior law, for any nonresidential development or any
multi-family dwelling containing more than four [4]
dwelling units),provided that such use shall be subject to
all of the use and density requirements and conditions of
said site specific development plan.
(d) Any use which is not hereafter listed as a permitted use in
this zone district but which was permitted for a specific
parcel of property pursuant to the zone district regulations
in effect for such parcel on March 27, 1997; and which
physically existed upon such parcel on March 27, 1997;
provided,however,that such existing use shall constitute
a permitted use only on such parcel of property.
(e) Institutional/Civic/Public`Uses:
Article 4, Page 43
Supp. I
Division 4.6,Neighborhood Conservation, Low Density District Division 4.6(B)
1. Neighborhood Parks as defined;by the Parks and
Recreation Policy Plan.
(2) The following uses shall be permitted in the N-C-L
District, subject to administrative review:
(a) Residential Uses:
1. Single-family detached dwellings.
(b) Institutional/Civic/Public Uses:
1. Parks, recreation and other open lands, except
neighborhood parks as defined by the Parks and
Recreation Policy Plan.
(3) The following uses are permitted within the N-C-L District,
subject to review by the Planning and Zoning Board.
(a) Residential Uses:
1. Group homes.
(b) Institutional/Civic/Public Uses:
1. Public and private schools for elementary,
intermediate and high school education.
2. Places of worship or assembly.
3. Community facilities.
4. Public facilities.
(c) Accessory/Miscellaneous Uses:
1. Wireless telecommunication equipment.
(C) Prohibited Uses. All uses that are not(1)expressly allowed as permitted
uses in this Section or (2) determined to be permitted by the Director
pursuant to Section 1.3.4 of this Land Use Code shall be prohibited.
Article 4, Page 44
Supp. I
Division 4.6, Neighborhood Conservation, Low Density District Division 4.6(F)
(2) Landscape/Hardscape Material. A maximum of forty (40)
percent of the front yard of a lot may be covered with inorganic
material such as asphalt or cement concrete, paving stone,
flagstone, rock or gravel.
(3) Access. Whenever a lot has frontage along an alley,any new off-
street parking area located on such lot must obtain access from
such adjoining alley; provided, however, that such alley access
shall not be required when a new detached garage is proposed to
be accessed from an existing driveway that has a curbcut along a
public street, or when alley access is determined by the Director
of Engineering to be a hazard to persons or vehicles.
(4) Site Design. 'Permanent open off-street parking areas for all
permitted principal uses,other than single-family dwellings,shall
not be located any closer to a public street right-of-way than the
distance by which the principal building is set back from the
street right-of-way. This provision shall not be construed to
preclude temporary parking in driveways.
Article 4, Pagc 47
Supp. I
Division 4.7,Neighborhood Conservation, Medium Density District Division 4.7
DIVISION 4.7 NEIGHBORHOOD CONSERVATION,MEDIUM DENSITY DISTRICT(N-C-M)
(A) Purpose. The Neighborhood Conservation, Medium Density District is
intended to preserve the character of areas that have a predominance of
developed single-family and low- to medium-density multi-family
housing and have been given this designation in accordance with an
adopted subarea plan.
(B) Permitted Uses.
(1) The following uses are permitted in the N-C-M District, subject
to building permit review,provided that such uses are located on
lots that are part of an approved site-specific development plan:
(a) Residential Uses:
1. Single-family detached dwellings.
2. Two-family dwellings,providedthat no structural
additions or exterior alterations are made to the
existing building or the dwellings are constructed
on a vacant lot or a parcel which did not contain a
structure on October 25, 1991.
(b) Institutional/Civic/Public Uses:
1. Places of worship or assembly.
2. Public facilities.
3. Neighborhood Parks as defined by the Parks and
Recreation Policy Plan.
(c) Commercial/Retail Uses:
1. Child care centers.
(d) Accessory/Miscellaneous Uses:
1. Accessory buildings.
2. Accessory uses.
Article 4, Page 48
supp. I
Division 4.7,Neighborhood Conservation, Medium Density District Division 4.7(B)
(e) Any use authorized pursuant to a site specific
development plan that was processed and approved either
in compliance with the Zoning Code in effect on March
27, 1997, or in compliance with this Land Use Code
(other than a final subdivision plat, or minor subdivision
plat, approved pursuant to Section 29-643 or 29-644 of
prior law, for any nonresidential development or any
multi-family dwelling containing more than four [4]
dwelling units),provided that such use shall be subject to
all of the use and density requirements and conditions of
said site specific development plan.
(f) Any use which is not hereafter listed as a permitted use in
this zone district but which was permitted for a specific
parcel of property pursuant to the zone district regulations
in effect for such parcel on March 27, 1997; and which
physically existed upon such parcel on March 27, 1997;
provided,however,that such existing use shall constitute
a permitted use only on such parcel of property.
(2) The following uses are permitted in the N-C-M District, subject
to administrative review:
(a) Residential Uses:
1. Single-family detached dwellings.
2. Multi-family dwellings up to four (4) units per
building, provided that no structural additions or
exterior alterations are made to the existing
building, or the dwellings are constructed on a
vacant lot or a parcel which did not contain a
structure on October 25, 1991.
3. Group homes.
(b) Institutional/Civic/Public Uses:
1. Community facilities.
2. Parks, recreation and other open lands, except
neighborhood parks as defined by the Parks and
Recreation Policy Plan.
Article 4, Page 49
Supp. 1
Division 4.7, Neighborhood Conservation, Medium Density District Division 4.7(F)
(3) Access. Whenever a lot has frontage along an alley, any
new off-street parking area located on such lot must obtain access
from such adjoining alley; provided, however, that such alley
access shall not be required when a new detached garage is
proposed to be accessed from an existing driveway that has a
curbcut along a public street, or when alley access is determined
by the Director of Engineering to be a hazard to persons or
vehicles.
(4) Site Design. Permanent open off-street parking areas for all
permitted principal uses,other than single-family dwellings,shall
not be located any closer to a public street right-of-way than the
distance by which the principal building is set back,from the
street right-of-way. This provision shall not be construed to
preclude temporary parking in driveways.
Article 4, Page 53
SupP. 1
Division 4.8, Neighborhood Conservation, Buffer District Division 4.8
DIVISION 4.8 NEIGHBORHOOD CONSERVATION,BUFFER DISTRICT(N-C-B)
(A) Purpose. The Neighborhood Conservation Buffer District is intended for
areas that are a transition between residential neighborhoods and more
intensive commercial-use areas or high traffic zones and that have been
given this designation in accordance with an adopted subarea plan.
(B) Permitted Uses.
(1) The following uses are permitted in the N-C-B District,subject to
building permit review, provided that such uses are located on
lots that are part of an approved site-specific development plan:
(a) Residential Uses:
1. Single-family detached dwellings.
2. Two-family dwellings.
3. Group homes.
4. Multi-family dwellings up to four (4) units per
building, provided that no structural additions or
exterior alterations are made to the existing
building, or the dwellings are constructed on a
vacant lot or a parcel which did not contain a
structure on October 25, 1991.
5. Boarding and rooming houses.
(b) Institutional/Civic/Public Uses:
1. Places of worship or assembly.
2. Public facilities.
3. Neighborhood Parks as defined by the Parks and
Recreation Policy Plan.
(c) Commercial/Retail Uses:
1. Child care centers.
Article 4, Page 54
Supp. I
Division 4.8, Neighborhood Conservation, Buffer District Division 4.8(B)
2. Multi-family dwellings up to four(4)units
which propose structural additions or exterior
alterations to the existing building, or the
dwellings are to be constructed on a lot or parcel
which contained a structure on October 25, 1991.
3. Multi-family dwellings containing more than four
(4) dwelling units per building at a density of up
to twenty-four(24) dwelling units per acre.
(b) Institutionat/Civic/Public Uses:
1. Community facilities.
2. Parks, recreation and other open lands, except
neighborhood parks as defined by the Parks and
Recreation Policy Plan.
(c) Commercial/Retail Uses:
1. Parking lots and parking garages.
(3) The following uses are permitted,subject to Planning and Zoning
Board review:
(a) Residential Uses:
1. Fraternity and sorority houses.
2. Multi-family dwellings containing more than four
(4) dwelling units per building at a density of
more than twenty-four(24)dwelling units per net
acre.
(b) Institutional/Civic/Publie Uses:
1. Public and private schools for preschool,
elementary, intermediate, high school, college,
university and vocational and technical education.
Article 4, Page 56
Supp. I
Division 4.9, Transition District Division 4.9
DIVISION 4.9 TRANSITION DISTRICT(T)
(A) Purpose. The Transition District is intended for properties for which
there are no specific and immediate plans for development. The only
permitted uses are those existing at the date the property was placed into
this District.
(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 expansion of any existing ttse or the
installation or enlargement of a permanent structure to-be
used in eonneetion wi 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:
1. 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.
Article 4, Page 61
Supp. I
Division 4.9, Transition District Division 4.9(B)
(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)1. and 2. of this Division permitting installation
or enlargement of a permanent structure to
eormeetion `' containing a use which was existing the
ttse of the property,at the time the property was placed in
this District,or containing a use which is ancillary to such
existing use.
(c) Change of zoning. 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.
Article 4, Page 62
Supp. 1
Division 4.10, Public Open Lands District Division 4.10
DIVISION 4.10 PUBLIC OPEN LANDS DISTRICT(P-O-L,)
(A) Purpose. The Public Open Lands District is for large publicly owned
parks and open lands which have a community-wide emphasis or other
characteristics which warrant inclusion under this separate designation
rather than inclusion in an adjoining neighborhood or other District
designation.
(B) Permitted Uses.
(1) The following uses are permitted in the P-O-L District,subject to
building permit review, provided that such uses are located on
lots that are part of an approved site-specific development plan:
(a) Accessory/Miscellaneous Uses:
1. Accessory buildings.
2. Accessory uses.
(b) Any use authorized pursuant to a site specific
development plan that was processed and approved either
in compliance with the Zoning Code in effect on March
27, 1997, or in compliance with this Land Use Code
(other than a final subdivision plat, or minor subdivision
plat, approved pursuant to Section 29-643 or 29-644 of
prior law, for any nonresidential development or any
multi-family dwelling containing more than four [4]
dwelling units),provided that such use shall be subject to
all of the use and density requirements and conditions of
said site specific development plan.
(c) Any use which is not hereafter listed as a permitted use in
this zone district but which was permitted for a specific
parcel of property pursuant to the zone district regulations
in effect for such parcel on March 27, 1997; and which
physically existed upon such parcel on March 27, 1997;
provided,however,that such existing use shall constitute
a permitted use only on such parcel of property.
(d) Institutional/C1vic/Public Uses:
1. Neighborhood Parks as defined by the Parks and
Recreation Policy Plan.
Article 4, Page 63
supp. I
Division 4.10, Public Open Lands District Division 4.10(8)
(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) Accessory/Miscellaneous Uses:
1. Agricultural activities.
2. Wireless telecommunication equipment.
3. Wireless telecommunication facilities.
(3) The following land uses are permitted in the P-O-L District,
subject to review by the Planning and Zoning Board:
(a) Institution aUCivic/Public Uses:
1. Golf courses.
(C) Prohibited Uses. All uses that are not(1)expressly allowed as permitted
uses in this Section or (2) determined to be permitted by the Director
pursuant to Section 1.3.4 of this Land Use Code shall be prohibited.
Article 4, Page 64
supp. 1
Division 4.11, River Conservation District Division 4.11(B)
(c) Any use which is not hereafter listed as a
permitted use in this zone district but which was
permitted for a specific parcel of property pursuant to the
zone district regulations in effect for such parcel on
March 27, 1997; and which physically existed upon such
parcel on March 27, 1997; provided, however, that such
existing use shall constitute a permitted use only on such
parcel of property.
(d) Institutional/Civic/Public Uses:
I. Neighborhood Parks as defined by the
Parks and Recreation Policy Plan.
(2) The following uses are 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) Institutional/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) Accessory/Miscellaneous Uses:
1. Farm animals.
2. Agricultural activities.
(3) The following land uses are permitted in the R-C District subject
to review by the Planning and Zoning Board:
(a) Institutional/Civic/Public Uses:
1. Golf courses.
(b) Commercial/Retail Uses:
Article 4, Page 66
SUPP. I
Division 4.12, Downtown District Division 4.12
DIVISION 4.12 DOWNTOWN DISTRICT(D)
(A) Purpose. The Downtown District is intended to provide a concentration
of retail,civic,office and cultural uses in addition to complementary uses
such as hotels, entertainment and housing. It is divided into three (3)
subdistricts as depicted on Figure 19. The development standards for the
Downtown District are intended to encourage a mix of activity in the area
while providing for quality development that maintains a sense of history,
human scale and pedestrian-oriented character.
(B) Permitted Uses.
(1) The following uses are permitted in the D District subject to
Building Permit review:
(a) Any use authorized pursuant to a site specific
development plan that was processed and approved either
in compliance with the Zoning Code in effect on March
27, 1997, or in compliance with this Land Use Code
(other than a final subdivision plat, or minor subdivision
plat, approved pursuant to Section 29-643 or 29-644 of
prior law, for any nonresidential development or any
multi-family dwelling containing more than four [4]
dwelling units),provided that such use shall be subject to
all of the use and density requirements and conditions of
said site specific development plan.
(b) Any use which is not hereafter listed as a permitted use in
this zone district but which was permitted for a specific
parcel of property pursuant to the zone district regulations
in effect for such parcel on March 27, 1997; and which
physically existed upon such parcel on March 27, 1997;
provided,however,that such existing use shall constitute
a permitted use only on such parcel of property.
(c) Institutional/CIvic/Public Uses:
I Neighborhood:Parks as defined by the Parks and
Recreation Policy Plan.
Article 4, Page 73
supp. 1
Division 4.12, Downtown District Division 4.12(B)
Land Use Old City Center Canyon Avenue Civic Center
.............. .............
-11.1..........
......}:.a:::.n:.
Two-family dwellings Not Permitted Type I Not Permitted
Single-family attached Not Permitted Type I Type I
dwellings(up to four
units per building)
Multi-family BP Type 2 Type 2
dwellings
Group homes Type I Type 2 Type 2
Mixed-use dwelling units BP Type I Type I
Boarding and rooming Type 2 Type 2 Type 2
houses
Fraternity and sorority Not Permitted Type 2 Not Permitted
houses
.......... ........... ......
it MUT ......
Places of worship or Not Permitted Type I Not Permitted
assembly
Public and private schools BP Type I Type I
(colleges, universities,
vocation training)
Public and private schools Type 2 Type 2 Type 2
(elementary, intermediate
and high school
education)
Community facilities Type I Type I Type I
Conference/ BP Type 2 Type 2
convention center
Long-term care facilities Type 2 Type 2 Type 2
Public facilities BP Type I Type I
Parks,recreation and Type I Type I Type I
other open lands,except
neighborhood parks as
defined by the Parks and
Recreation Policy Plan
TransportationTransit Type 2 Type 2 Type 2
facilities(without I I I I
Article 4, Page 75
supp. 1
Division 4.12,Downtown District Division 4.12(B)
Land Use Old City Center Canyon Avenue Civic Center
repair/storage)
Jails,detention and penal Not Permitted Not Permitted Type 2
centers
..... ........
..................... ..........................
....................................... ...
.............%
Bed and breakfast BP Type I Type I
establishments
Standard restaurants BP Type I Type I
Retail establishments BP Type 2 Type 2
Grocery stores Not Permitted Type I Type I
Personal and business BP Type I Type I
service shops
Offices, financial services BP Type I Type I
and clinics
Artisan,photography BP Type I Type I
galleries and studios
Limited indoor recreation BP Type I Type I
establishments
Fast food restaurants BP rype I Type I
Gasoline stations Not Permitted Type 2 Type 2
Bars and taverns BP Type 2 Type 2
Night clubs BP Fype 2 Type 2
Entertainment facilities BP Type 2 Type I
and theaters
Child care centers Type I Type I Type I
Clubs and lodges BP Type I Type I
Funeral homes Not Permitted Type 2 Not Permitted
Lodging establishments Type 2 Type 2 Type 2
Health and membership BP Type I Type I
clubs
Parking lots and garages Type 2 Type 2 Type 2
(as a principal use)
Veterinary Not Permitted Type 2 Type 2
facilities/small animal
clinics I I
Article 4, Page 76
supp. I
Division 4.12, Downtown District Division 4.12(E)
1. Setbacks for new buildings shall align
with the setbacks of existing buildings within the
block face in which the new building is being
constructed or with the setback of a facing block
if no buildings exist on the same block face.
2. In the Old City Center Subdistrict,the fourth story
of a building shall be set back at a thirty-five(35)
degree angle measured at the intersection of the
floor plane of the fourth story and the property
line along the public street frontage. See Figure
20.
3. The front yard setback requirement shall not apply
to a building that is proposed to be constructed
between the back of an existing building and the
rear property line of the lot on which both
buildings will be located.
(b) Height. Building heights over four(4) stories or fifty-six
(56) feet, whichever is greater, shall be subject to
Planning and Zoning Board review based on the standards
set forth in Article 3.5.1, Building and Project
Compatibility.
(2) Facades.
(a) Blank walls. No blank wall that faces a public street,
public plaza or walkway shall exceed fifty (50) feet in
length.
(b) Storefronts. Storefronts are an integral part of a building
and shall be integrally designed with the upper floors to
be compatible with the overall facade character.
Buildings with multiple storefronts shall be unified
though the use of architecturally compatible materials,
colors, details, awnings, signage and lighting fixtures.
(c) Outdoor activity. Buildings shall promote and
accommodate outdoor activity with balconies, arcades,
terraces,decks and courtyards for residents' and workers'
use and interaction, to the extent reasonably feasible.
Article 4, Page -9
SUPP. I
Division 4.13, River Downtown Redevelopment District Division 4.13(B)
(c) Any use which is not hereafter listed as a
permitted use in this zone district but which was
permitted for a specific parcel of property pursuant to the
zone district regulations in effect for such parcel on
March 27, 1997; and which physically existed upon such
parcel on March 27, 1997; provided, however, that such
existing use shall constitute a permitted use only on such
parcel of property.
(d) Institutional/Civic/Public Uses:
1. Neighborhood Parks as defined by the
Parks and Recreation Policy Plan.
(2) The following uses are permitted in the R-D-R District,subject to
administrative review:
(a) Residential Uses:
1. 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.
(b) Institutional/Civic/Public Uses:
1. Places of worship or assembly.
2. Public and private schools, including colleges,
universities, vocational and technical training.
3. Community facilities.
4. Public facilities.
Article 4,Page 86
Supp. I
Division 4.13, River Downtown Redevelopment District Division 4.13(B)
5. Parks, recreation and other open lands, except
neighborhood parks as defined by the Parks and
Recreation Policy Plan.
(c) Commercial/Retail Uses:
1. Standard and fast food restaurants.
2. Grocery stores.
3. Personal and business service shops.
4. Offices, financial services and clinics.
5. Artisan and photography studios and galleries.
6. Retail establishments.
7. Bars, taverns and nightclubs.
8. Open-air farmers markets.
9. Lodging establishments.
10. Limited indoor recreation establishments.
(d) Accessory/Miscellaneous Uses:
1. Wireless telecommunication equipment.
2. Satellite dish antennas greater than thirty-nine
(39) inches in diameter.
(3) The following uses are permitted in the R-D-R District,subject to
Planning and Zoning Board review:
(a) Residential Uses:
1. Mixed-use dwelling units.
2. Group homes other than those in 2(a) above.
3. Boarding and rooming houses.
Article 4, Pnge 87
supp. l
Division 4,14, Community Commercial District Division 4.14
DIVISION 4 14 COMMUNITY COMMERCIAL DISTRICT(C-Q
(A) Purpose. The Community Commercial District provides a combination
of retail,offices,services,cultural facilities,civic uses and higher density
housing. Multi-story buildings are encouraged to provide a mix of
residential and nonresidential uses. Offices and dwellings are encouraged
to locate above ground-floor retail and services.
(B) Permitted Uses.
(1) The following uses are permitted in the C-C District, subject to
building permit review, provided that such uses are located on
lots that are part of an approved site-specific development plan:
(a) Accessory/Miscellaneous Uses:
1. Accessory buildings.
2. Accessory uses.
(b) Any use authorized pursuant to a site specific
development plan that was processed and approved either
in compliance with the Zoning Code in effect on March
27, 1997, or in compliance with this Land Use Code
(other than a final subdivision plat, or minor subdivision
plat, approved pursuant to Section 29-643 or 29-644 of
prior law, for any nonresidential development or any
multi-family dwelling containing more than four [4]
dwelling units),provided that such use shall be subject to
all of the use and density requirements and conditions of
said site specific development plan.
(c) Any use which is not hereafter listed as a permitted use in
this zone district but which was permitted for a specific
parcel of property pursuant to the zone district regulations
in effect for such parcel on March 27, 1997; and which
physically existed upon such parcel on March 27, 1997;
provided,however,that such existing use shall constitute
a permitted use only on such parcel of property.
(d) Institutional/Civic/Public Uses:
1. Neighborhood Parks as defined by the Parks and
Recreation Policy Plan.
Article 4, Page 95
SupP. I
Division 4.14, Community Commercial District Division 4.14(B)
(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.
3. Multi-family dwellings.
4. Group homes.
5. Boarding and rooming houses.
(b) Institutional/Civic/Public Uses:
I. Places of worship or assembly.
2. Public and private schools, including colleges,
universities, vocational and technical training.
3. Community facilities.
4. Public facilities.
5. Parks, recreation and open lands, except
neighborhood parks as defined by the Parks and
Recreation Policy Plan.
6. Transit facilities without repair or storage.
(c) Commercial/Retail Uses:
I. Bed and breakfast establishments.
2. Standard restaurants.
3. Fast food restaurants.
4. Clubs and lodges.
Article 4, Page 96
Sapp. 1
Division 4.14, Community Commercial District Division 4.14(B)
(e) Accessory/Miscellaneous Uses:
1. Satellite dish antennas greater than thirty-nine
(39) inches in diameter.
2. Wireless telecommunication equipment.
3. Wireless telecommunication facilities.
(3) The following uses are permitted in the C-C District, subject to
review by the Planning and Zoning Board:
(a) Residential Uses:
1. Mixed-use dwelling units.
2. Fraternity and sorority houses.
(b) Institutional/Civic/Public Uses:
1. Hospitals.
2. Public and private schools for elementary,
intermediate and high school education.
3. Long-term care facilities.
(c) Commercial/Retail Uses:
1. Large retail establishments.
2. Retail stores with vehicle servicing.
3. Vehicle minor repair, servicing and maintenance
establishments (indoor).
4. Entertainment facilities and theaters.
5. Supermarkets.
Article 4, Page 98
supp. 1
Division 4.14, Community Commercial District Division 4.14(E)
6. Nightclubs.
7. Equipment,truck and trailer rental establishments.
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. Parking lots and parking garages (as a principal
use).
10. Unlimited indoor recreational uses and facilities.
(C) Prohibited Uses. All uses that are not(1)expressly allowed as permitted
uses in this Section or (2) determined to be permitted by the Director
pursuant to Section 1.3.4 of this Land Use Code shall be prohibited.
(D) Land Use Standards.
(1) Civic Uses. To the maximum extent feasible,civic services,such
as community buildings, government offices, recreation centers,
libraries and day care, shall be placed in central locations as
highly visible focal points. To the extent reasonably feasible,
they shall be close to transit stops.
(E) Development Standards.
(1) Site Planning.
(a) Building Orientation. The configuration of shops in the
Community Commercial District shall orient primary
ground-floor commercial building entrances to pedestrian-
oriented streets, connecting walkways, plazas, parks or
similar outdoor spaces, not to interior blocks or parking
lots. Anchor tenant retail buildings may have their
primary entrances from off-street parking lots; however,
on-street entrances are strongly encouraged. The lot size
and layout pattern for individual blocks within the
Community Commercial District shall support this
requirement.
Article 4, Page 99
supp. I
Division 4.15, Community Commercial-North College District Division 4.15
DIVISION 4.15 COMMUNITY COMMERCIAL-NORTH COLLEGE DISTRICT(C-C-N)
(A) Purpose. The Community Commercial - North College District is for
fringes of retail/commercial core areas and corridors. This District is
intended for moderate intensity uses that are supportive of the
commercial core or corridor,and that help to create a transition and a link
between the commercial areas and surrounding residential areas. This
designation is only for areas identified for its application in the North
College Corridor Plan.
(B) Permitted Uses.
(1) The following uses are permitted in the C-C-N District,subject to
building permit review, provided that such uses are located on
lots that are part of an approved site specific development plan:
(a) Residential Uses:
1. Accessory buildings.
2. Accessory uses.
(b) Any use authorized pursuant to a site specific
development plan that was processed and approved either
in compliance with the Zoning Code in effect on March
27, 1997, or in compliance with this Land Use Code
(other than a final subdivision plat, or minor subdivision
plat, approved pursuant to Section 29-643 or 29-644 of
prior law, for any nonresidential development or any
multi-family dwelling containing more than four [4]
dwelling units),provided that such use shall be subject to
all of the use and density requirements and conditions of
said site specific development plan.
(c) Any use which is not hereafter listed as a permitted use in
this zone district but which was permitted for a specific
parcel of property pursuant to the zone district regulations
in effect for such parcel on March 27, 1997; and which
physically existed upon such parcel on March 27, 1997;
provided,however,that such existing use shall constitute
a permitted use only on such parcel of property.
(d) Institutionat/Civic/Public Uses:
Article 4, Page 102
supp. I
Division 4.15, Community Commercial-North College District Division 4.15(B)
1. Neighborhood Parks as defined by the Parks and
Recreation Policy Plan.
(2) The following uses are permitted in the C-C-N District,
subject to administrative review:
(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.
(b) Institutional/Civic/Public Uses:
l. Places of worship or assembly.
2. Public and private schools, including colleges,
universities, vocational and technical training.
3. Community facilities.
4. Public facilities.
5. Parks, recreation and other open lands, except
neighborhood parks as defined by the Parks and
Recreation Policy Plan.
6. Cemeteries.
7. Transit facilities, without repair or storage.
(c) Commerciat/Retail Uses:
Article 4, Page 103
Supp. I
Division 4.15, Community Commercial-North College District Division 4.15(B)
(e) Accessory/Miscellaneous Uses:
1. Satellite dish antennas greater than thirty-nine
(39) inches in diameter.
2. Wireless telecommunication equipment.
3. Wireless telecommunication facilities.
(3) The following uses are permitted in the C-C-N District,subject to
review by the Planning and Zoning Board:
(a) Residential Uses:
1. Mixed-use dwelling units.
2. Group homes,other than allowed in subparagraph
(2)(a)6 above.
(b) Institutional/Civic/Public Uses:
1. Hospitals.
2. Public and private schools for elementary,
intermediate and high school education.
3. Long-term care facilities.
(c) Commercial/Retail Uses:
l. 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 shopping center and/or convenience
retail store.
2. Unlimited indoor recreational uses and facilities.
(C) Prohibited Uses. All uses that are not(1)expressly allowed as permitted
uses in this Section or (2) determined to be permitted by the Director
pursuant to Section 1.3.4 of this Land Use Code shall be prohibited.
Article 4, Page 105
supp. I
Division 4.15, Community Commercial-North College District Division 4.15(D)
(D) Land Use Standards.
(1) Single-family,two-family and multi-family housing shall have a
minimum density of five(5)dwelling units per net acre calculated
on a gross residential acreage basis for any development project.
Single-family housing shall be limited to a maximum of forty
(40) percent of the geographically distinct district area.
(2) Maximum building height shall be five (5) stories.
(E) Development Standards. All development in the C-C-N Community
Commercial District shall also comply with the standards and guidelittes
contained in the Standards and Guidelines for the North College Avenue
Corridor was adopted by the city,to the extent that such standards and
guidelines apply to the property to be developed.
Article 4, Page 106
SupP. I
Division 4.16, Community Commercial-Poudre River District Division 4.16(B)
(c) Any use which is not hereafter listed as a
permitted use in this zone district but which was
permitted for a specific parcel of property pursuant to the
zone district regulations in effect for such parcel on
March 27, 1997; and which physically existed upon such
parcel on March 27, 1997; provided, however, that such
existing use shall constitute a permitted use only on such
parcel of property.
(d) Institutional/Civic/Public Uses:
1. Neighborhood Parks as defined by the
Parks and Recreation Policy Plan.
(2) The following land uses are permitted in the C-C-R District,
subject to administrative review:
(a) Residential Uses:
1. Single-family attached dwellings.
2. Two-family dwellings.
3. Group homes.
4. Multi-family dwellings.
(b) Institutional/Civic/Public Uses:
1. Places of worship or assembly.
2. Public and private schools, including colleges,
universities, vocational and technical training.
3. Community facilities.
4. Public facilities.
5. Parks, recreation and other open lands, except
neighborhood parks as defined by the Parks and
Recreation Policy Plan.
6. Golf courses.
Article 4, Page 108
supp. I
Division 4.16, Community Commercial-Poudre River District Division 4.16(B)
(3) The following uses are permitted in the C-C-R District,
subject to review by the Planning and Zoning Board:
(a) Residential Uses:
I. Boarding and rooming houses.
2. Mixed-use dwelling units.
3. Single-family detached houses located on lots
containing no more than six-thousand (6,000)
square feet.
4. Fraternity and sorority houses.
(b) InstitutionaUCivic/Public Uses:
1. Public and private schools for elementary,
intermediate and high school education.
2. Long-term care facilities.
(c) COmmerciaURetail Uses:
1. Retail establishments.
2. Funeral homes.
3. Unlimited indoor recreational uses and facilities.
(C) Prohibited Uses. All uses that are not(1)expressly allowed as permitted
uses in this Section or (2) determined to be permitted by the Director
pursuant to Section 1.3.4 of this Land Use Code shall be prohibited.
(D) Development Standards.
(1) 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,
Article 4, Page I 10
supp. 1
Division 4.17, Commercial District Division 4.17(B)
(d) Institutional/Civic/Public Uses:
1. Neighborhood Parks as defined by the
Parks and Recreation Policy Plan.
(2) The following uses are permitted in the C District,subject
to administrative review:
(a) Residential Uses:
1. Single-family attached dwellings.
2. Two-family dwellings.
3. Multi-family dwellings.
4. Group homes.
5. Boarding and rooming houses.
(b) Institutional/Civic/Public Uses:
1. Parks, recreation and other open lands, except
neighborhood parks as defined by the Parks and
Recreation Policy Plan.
2. Public facilities.
3. Places of worship or assembly.
4. Transit facilities without repair or storage.
(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.
Article 4, Page 114
Supp. 1
Division 4.17, Commercial District Division 4.17(E)
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) Prohibited Uses. All uses that are not(1)expressly allowed as permitted
uses in this Section or (2) determined to be permitted by the Director
pursuant to Section 13.4 of this Land Use Code shall be prohibited.
(D) Land Use Standards. The maximum building height shall be four (4)
stories.
(E) Development Standards.
(1) 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.
Article 4, Page 117
Sapp. I
Division 4.18, Commercial-North College District Division 4.18
DIVISION 4.18 COMMERCIAL-NORTH COLLEGE DISTRICT(C-N)
(A) Purpose. The Commercial -North College District is intended for high
traffic commercial corridors where a range of uses is encouraged to create
a transition from commercial operations on a highway, major arterial
street or rail spur,to less intensive use areas or residential neighborhoods.
This designation is only for areas identified for its application in the
North College Corridor Plan.
(B) Permitted Uses.
(1) The following uses are permitted in the C-N District, subject to
building permit review, provided that such uses are located on
lots that are part of an approved site specific development plan:
(a) Accessory/Miscellaneous Uses:
1. Accessory buildings.
2. Accessory uses.
(b) Any use authorized pursuant to a site specific
development plan that was processed and approved either
in compliance with the Zoning Code in effect on March
27, 1997, or in compliance with this Land Use Code
(other than a final subdivision plat, or minor subdivision
plat, approved pursuant to Section 29-643 or 29-644 of
prior law, for any nonresidential development or any
multi-family dwelling containing more than four [4]
dwelling units), provided that such use shall be subject to
all of the use and density requirements and conditions of
said site specific development plan.
(c) Any use which is not hereafter listed as a permitted use in
this zone district but which was permitted for a specific
parcel of property pursuant to the zone district regulations
in effect for such parcel on March 27, 1997; and which
physically existed upon such parcel on March 27, 1997;
provided,however,that such existing use shall constitute
a permitted use only on such parcel of property.
(d) Institutional/Civic/Public Uses:
Article 4, Page 118
supp. I
Division 4.18, Commercial-North College District Division 4.18(B)
1.- Neighborhood Parks as defined by the Parks and
Recreation Policy Plan.
(2) The following uses are permitted in the C-N District,
subject to administrative review:
(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.*
*Not allowed within two hundred(200) feet of North College Avenue.
(b) Institutional/Civic/Public Uses:
1. Places of worship or assembly.
2. Public and private schools, including colleges,
universities, vocational and technical training.
3. Community facilities.
4. Public facilities.
5. Parks, recreation and other open lands, except
neighborhood;parks as defined by the Parks and
Recreation Policy Plan.
6. Hospitals.
7. Transit facilities without repair or storage.
(c) CommerciaMetail Uses:
Article 4, Page 119
Stipp. 1
Division 4.18, Commercial-North College District Division 4.18(B)
21. Retail and supply yard establishments with
outdoor storage.
22. Parking lots and parking garages (as a principal
use).
23. Veterinarian 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.
* 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.
(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.
Article 4, Page 122
supp. I
Division 4.18, Commercial-North College District Division 4.18(B)
(e) Accessory/Miscellaneous Uses:
1. Satellite dish antennas greater than thirty-nine
(39) inches in diameter.
2. Wireless telecommunication equipment.
3. Wireless telecommunication facilities.
(3) The following uses are permitted in the C-N District, subject to
review by the Planning and Zoning Board:
(a) Residential Uses:
1. Mixed-use dwelling units.
(b) Commercial/Retail Uses:
1. Drive-in restaurants.
2. Large retail establishments.
(c) Industrial Uses:
1. Recycling facilities.
2. Transport terminals(truck terminals,public works
yards, container storage).
(C) Prohibited Uses. All uses that are not(1)expressly allowed as permitted
uses in this Section or (2) determined to be permitted by the Director
pursuant to Section 1.3.4 of this Land Use Code shall be prohibited.
(D) Land Use Standards. The maximum building height shall be three (3)
stories.
(E) Development Standards. All development in the C-N Commercial -
North College District shall also comply with the standards and
gttidelines contained in the Standards and Guidelines for the North
College Avenue Corridor P+anras adopted by the city, to the extent that
such standards and guidelines apply to the property to be developed.
Article 4, Page 124
supp. 1
Division 4.19, Neighborhood Commercial District Division 4.19(B)
(d) Institutional/Civic/Public Uses:
1. Neighborhood Parks as defined by the Parks and
Recreation Policy Plan.
(2) The following uses are permitted in the N-C District,
subject to administrative review:
(a) Residential Uses:
1. Single-family attached dwellings.
2. Two-family dwellings.
3. Group homes for up to eight(8)developmentally
disabled or elderly persons.
(b) Institutional/Civic/Public Uses:
1. Places of worship or assembly.
2. Public and private schools, including colleges,
universities, vocational and technical training.
3. Public facilities.
4. Parks, recreation and other open lands, except
neighborhood parks as defined by the Parks and
Recreation Policy Plan.
5. Transit facilities without repair or storage.
(c) Commercial/Retail Uses:
1. Standard restaurants.
2. Fast food restaurants.
3. Health and membership clubs.
4. Grocery stores.
5. Open-air farmers markets.
Article 4, Page 126
supp. 1
Division 4.20, Limited Commercial District Division 4.20
DIVISION 4.20 LIMITED COMMERCIAL DISTRICT(C-L)
(A) Purpose. The Limited Commercial District is intended for areas with
commercial uses,automobile-oriented businesses which usually contain
outdoor display or storage of vehicles, and service uses, while still
protecting surrounding residential areas, provided that such areas have
been given this designation in accordance with an adopted subarea plan.
(B) Permitted Uses.
(1) The following uses are permitted in the C-L District, subject to
building permit review,provided that any nonresidential use shall
be separated from abutting residential land uses or residential
zone districts by a solid fence or wall at least six (6) feet in
height:
(a) Residential Uses:
1. Single-family detached dwellings.
2. Two-family dwellings.
3. Single-family attached dwellings.
4. Multi-family dwellings.
5. Boarding and rooming houses.
6. Fraternity and sorority houses.
7. Group homes.
(b) InstitutionaUCivic/Public Uses:
1. Places of worship or assembly.
2. Transit facilities (without repair and storage).
3. Neighborhood Parks as defined by the Parks and
Recreation Policy Plana
Article 4, Page 133
supp. I
Division 4.20, Limited Commercial District Division 4.20(B)
(a) Institutional/Civic/Public Uses:
1. Public and private schools for college, university
vocational or technical training.
2. Parks, recreation and other open lands, except
neighborhood parks as defined bythe Parks and
Recreation Policy Plan.
3. Public facilities.
(b) 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.
(c) Accessory/Miscellaneous Uses:
1. Wireless telecommunication equipment.
2. Wireless telecommunication facilities.
(3) The following uses are permitted in the C-L District, subject to
review by the Planning and Zoning Board.
Article 4, Page 136
Supp. I
Division 4.20,Limited Commercial District Division 4.20(B)
(a) Residential Uses:
1. Mixed-use dwellings.
(C) Prohibited Uses. All uses that are not(1)expressly allowed as permitted
uses in this Section or (2) determined to be permitted by the Director
pursuant to Section 1.3.4 of this Land Use Code shall be prohibited.
(D) Land Use Standards. The maximum building height shall be three;(3)
stories.
Article 4, Page 137
supp. I
Division 4.21, Harmony Corridor District Division 4.21
DIVISION 4.21 HARMONY CORRIDOR DISTRICT(H-C)
(A) Purpose. The Harmony Corridor District is intended to implement the
design concepts and land use vision of the Harmony Corridor Plan--that
of creating an attractive and complete mixed-use area with a major
employment base.
(B) Permitted Uses.
(1) The following uses are permitted in the H-C District, subject to
building permit review, provided that such uses are located on
lots that are part of an approved site-specific development plan:
(a) Accessory/Miscellaneous Uses:
1. Accessory buildings.
2. Accessory uses.
(b) Any use authorized pursuant to a site specific
development plan that was processed and approved either
in compliance with the Zoning Code in effect on March
27, 1997, or in compliance with this Land Use Code
(other than a final subdivision plat, or minor subdivision
plat, approved pursuant to Section 29-643 or 29-644 of
prior law, for any nonresidential development or any
multi-family dwelling containing more than four [4]
dwelling units), provided that such use shall be subject to
all of the use and density requirements and conditions of
said site specific development plan.
(c) Any use which is not hereafter listed as a permitted use in
this zone district but which was permitted for a specific
parcel of property pursuant to the zone district regulations
in effect for such parcel on March 27, 1997; and which
physically existed upon such parcel on March 27, 1997;
provided,however,that such existing use shall constitute
a permitted use only on such parcel of property.
(d) Institutionat/Civic/Public Uses:
1. Neighborhood Parks as defined by the Parks and
Recreation Policy Plan
Article 4,Page 138
supp. I
Division 4.21, Harmony Corridor District Division 4.21(B)
(2) The following uses are permitted in the H-C District,
subject to administrative review:
(a) Institutional/Civic/Public Uses:
1. Community facilities.
2. Public and private schools, including colleges,
universities, vocational and technical training.
3. Parks, recreation and other open lands; "-except
neighborhood parks as defined by the Parks and
Recreation Policy Plan.
4. Hospitals.
5. Public facilities.
6. Transit facilities without repair or storage.
(b) Commercial/Retail Uses:
1. Offices, financial services and clinics.
2. Child care centers.
(c) Industrial Uses:
1. Research laboratories.
2. Light industrial uses.
3. Workshops and custom small industry uses.
(d) Accessory/Miscellaneous Uses:
1. Satellite dish antennas greater than thirty-nine
(39) inches in diameter.
2. Wireless telecommunication equipment.
3. Wireless telecommunication facilities.
Article 4, Page 139
supp. I
Division 4.21, Harmony Corridor District Division 4.21(B)
8. Community shopping centers as
defined/described in the Harmony Corridor Plan.
9. Regional shopping centers as defined/described in
the Harmony Corridor Plan.
(d) Accessory/Miscellaneous Uses:
1. Heliports and helipads.
(C) Prohibited Uses. All uses that are not(1)expressly allowed as permitted
uses in this Section or (2) determined to be permitted by the Director
pursuant to Section 1.3.4 of this Land Use Code shall be prohibited.
(D) Land Use Standards.
(1) Harmony Corridor Standards. All development in the H-C
Harmony Corridor District shall comply with the Harmony
Corridor design land use and locational standards as adopted by
the city to the extent that such standards apply to the property
proposed to be developed.
(2) Dimensional standard.
(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 floor area shall be subject to Planning and
Zoning Board review.
(c) Any building addition that exceeds eighty thousand
(80,000) square feet in floor area ander exceeds twenty-
five (25) percent of the gross floor area of the existing
building, whieheyer is greater, shall be subject to
Planning and Zoning Board review.
Article 4, Page 141
Sapp. I
Division 4.21,Harmony Corridor District Division 4.21(E)
(E) Development Standards.
(1) Harmony Corridor Standards. All:development in the H=C
Harmony Corridor District shall also'coinply,with the Harmony
Corridor design standards as adopted by the city to the extent that
such standards apply to the property proposed to be developed,
(+2) Site Design.
(a) In the case of multiple parcel ownership, to the extent
reasonably feasible, an applicant shall enter into
cooperative agreements with adjacent property owners to
create a comprehensive development plan that establishes
an integrated pattern of streets, outdoor spaces, building
styles and land uses.
(b) Where an employment or industrial use abuts a residential
area, there shall be no drastic and abrupt change in the
scale and height of buildings.
(c) All commercial/retail and industrial uses, except for off-
street parking and loading, shall be conducted or carried
out entirely within completely enclosed buildings or
structures.
(-23) Building Design. To 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 to this standard shall be
permitted:
(a) Buildings may orient away from the street if the
development provides a campus or park-like development
block with an internal pedestrian network that functions
as an additional alternative to the street sidewalk 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) or walkway(s).
Article 4, Page 142
SUPP. 1
Division 4.22, Employment District Division 4.22(B)
(c) Any use which is not hereafter listed as a
permitted use in this zone district but which was
permitted for a specific parcel of property pursuant to the
zone district regulations in effect for such parcel on
March 27, 1997; and which physically existed upon such
parcel on March 27, 1997; provided, however, that such
existing use shall constitute a permitted use only on such
parcel of property.
(d) Institutional/Civic/Public Uses:
1. Neighborhood Parks as defined by the
Parks and Recreation Policy Plan.
(2) The following uses are permitted in the E District, subject to
administrative review:
(a) Institutional/Civic/Public Uses:
1. Public and private schools, including colleges,
universities, vocational and technical training.
2. Public facilities.
3. Parks, recreational and other open lands, except
neighborhood parks as defined by the Parks and
Recreation Policy Plan.
4. Community facilities.
5. Transit facilities without repair or storage.
6. Hospitals.
(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.
Article 4, Page 145
Supp. 1
Division 4,22, Employment District Division 4.22(B)
7. Group homes.
8. Boarding and rooming houses.
(b) Institutional/Civic/Public Uses:
1. Cemeteries.
2. Public and private schools for elementary,
intermediate and high school education.
3. Transit facilities with outdoor repair and storage.
4. Golf courses.
5. Jails, detention and penal centers.
6. Long-term care facilities.
(c) Commercial/Retail Uses:
1. Standard and fast food restaurants.
2. Lodging establishments.
3. Bed and breakfast establishments.
4. Entertainment r..ilia:,... aril.heat__.
-4. Funeral homes.
65. Health and membership clubs.
-6. Convenience shopping centers.
87. Artisan and photography studios and galleries.
98. Veterinary hospitals.
+09. Drive-in restaurants (only if located in a
convenience shopping center).
Article 4, Page 1-17
Supp. I
Division 4.22, Employment District Division 4.22(B)
(d) Industrial Uses:
1. Dry-cleaning plants.
(e) Accessory/Miscellaneous Uses:
1. Heliports and helipads.
(C) Prohibited Uses. All uses that are not(1)expressly allowed as permitted
uses in this Section or (2) determined to be permitted by the Director
pursuant to Section 1.3.4 of this Land Use Code shall be prohibited.
(D) Land Use Standards.
(1) Secondary Uses. Residential and commercial/retail uses shall
occupy no more than twenty-five (25) percent of the total gross
area of the development plan. If single-family detached housing
is provided, at least an equivalent number of non-single-family
detached dwelling units shall also be provided.
(2) 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 floor area shall be subject to Planning and
Zoning Board review.
(c) Any building addition that exceeds fifty thousand
(50,000) square feet in floor area ander exceeds twenty-
five (25) percent of the gross floor area of the existing
building, whichever is greater, shall be subject to
Planning and Zoning Board review.
(E) Development Standards.
(1) Site Design.
(a) In the case of multiple parcel ownership, to the extent
reasonably feasible, an applicant shall enter into
cooperative agreements with adjacent property owners to
create a comprehensive development plan that establishes
Article 4, Page 148
supp. t
Division 4.23, Industrial District Division 4.23(B)
(d) Institutional/Civic/Public Uses:
1. Neighborhood Parks as defined by the
Parks and Recreation Policy Plane.
(2) The following uses are permitted in the I District, subject to
administrative review:
(a) Institutional/Civic/Public Uses:
1. Public and private schools, including colleges,
universities, vocational and technical training.
2. Public facilities.
3. Community facilities.
4. Parks, recreation and other open lands, except
neighborhood parks as defined by the Parks and
Recreation Policy Plan.
5. Transit facilities with or without outdoor repair
and storage.
6. Places of worship or assembly.
(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.
Article 4, Page 151
Supp. I
Division 4.23, Industrial District Division 4.23(B)
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.
14. Enclosed mini-storage facilities.
15. Equipment rental without outdoor storage.
16. Gasoline stations.
17. Unlimited indoor recreational uses and facilities.
(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.
(d) Accessory/Miscellaneous Uses:
1. Satellite dish antennas greater than thirty-nine
(39) inches in diameter.
2. Wireless telecommunication equipment.
Article 4, Page 152
supp. I
Division 4.23, Industrial District Division 4.23(C)
(9) All establishments falling within Standard Industrial
Classification(SIC)Major Group No. 2077, Animal and Marine
Fats and Oils, as identified in the Standard Industrial
Classification Manual (OMB 1987).
(D) Land Use Standards.
(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 floor area shall be subject to Planning and
Zoning Board review.
(c) Any building addition that exceeds fifty thousand
(50,000) square feet in floor area ander-exceeds twenty-
five (25) percent of the gross floor area of the existing
building, , shall be subject to
Planning and Zoning Board review.
(E) Development Standards.
(1) 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(13)(3)(c)2. Standard and Fast Food
Restaurants
Section 4.23(13)(3)(c)3. Bars and Taverns
Section 4.23(13)(3)(c)4. Bed and Breakfast Establish-
ments
Section 4.23(13)(3)(c)7. Child Care Centers
Section 4.23(13)(3)(c)9. Convenience Shopping Centers
Article 4, Page 156
SupP. I
Division 5.I, Definitions Section 5.L I
DIVISION 5.1 DEFINITIONS
Sections:
5.1.1 General
5.1.2 Definitions
5.1.1 General.
For words,terms and phrases used in this Land Use Code that are not defined in Section
5.1.2, below, or elsewhere in this Land Use Code,the Director shall have the authority
and power to interpret or define such words, terms and phrases. In making such
interpretations or definitions,the Director may consult secondary sources related to the
planning and legal professions, such as Black's Law Dictionary (West Publishing
Company, St. Paul, Minn., most current edition), A Survey of Zoning Definitions -
Planning Advisory Service Report Number 421, edited by Tracy Burrows, (American
Planning Association. Chicago, Ill. 1989) and The Illustrated Book of Development
Definitions,by Harvey S. Moskowitz and Carl G. Lindbloom (Center for Urban Policy
Research,Rutgers University. N.J.3d ed. 1987),for technical words,terms and phrases,
or Webster's Third New International Dictionary(Unabridged)(Merriam-Webster,Inc.,
Springfield. Mass. 1986), as supplemented, for other words, terms and phrases.
5.1.2 Definitions.
The following words, terms and phrases, when used in this Land Use Code, shall have
the meanings ascribed to them in this Section:
Accessory building shall mean a building detached from a principal building and
customarily used with, and clearly incidental and subordinate to,the principal building
or use, and ordinarily located on the same lot with such principal building.
Accessory structure shall mean a structure detached from a principal building and
customarily used with, and clearly incidental and subordinate to, the principal building
or use, and ordinarily located on the same lot with such principal building.
Accessory use shall mean a use of land or of a building or portion thereof customarily
used with, and clearly incidental and subordinate to, the principal use of the land or
building and ordinarily located on the same lot with such principal use.
Adequate public facilities("APF')shall mean the public facilities and services necessary
to maintain the adopted level of service standards.
Article 5, Page 2
Supp. I
Division 5.1, Definitions Section 5.1.2, Caliper
Caliper shall mean the American Association of Nurserymen standard for trunk
measurement of nursery stock, as measured at six (6) inches above the ground for trees
up to and including four-inch caliper size, and as measured at twelve (12) inches above
the ground for larger sizes.
Certified xeriscape landscaping shall mean a plant(or grouping of plants)that does not
require any supplemental irrigation for survival,as determined by the City Forester,and
that is used to meet the standards of Section 3.2.1, Landscaping and Tree Protection.
Character shall mean those attributes,qualities and features that make up and distinguish
a development project and give such project a sense of purpose, function, definition and
uniqueness.
Child care center shall mean a facility, by whatever name known, which is maintained
for the whole or part of a day for the care of seven(7) or more children under the age of
sixteen (16) years who are not related to the owner, operator or manager, whether such
facility is operated with or without compensation for such care and with or without stated
educational purposes. The term includes, but is not limited to, facilities commonly
known as day-care centers,day nurseries,nursery schools,preschools,play groups,day
camps, summer camps,centers for mentally retarded children and those facilities which
give twenty-four-hour per day care for dependent and neglected children,but specifically
excludes any family-care home as defined in this C—hapterArticle. Child care centers are
also those facilities for children under the age of six (6) years with stated educational
purposes which are operated in conjunction with a public, private or parochial college
or a private or parochial school, except that the term shall not apply to a kindergarten
maintained in connection with a public, private or parochial elementary school system
of at least six (6) grades.
City blockscale shall mean the relationship between the proportions of elements of urban
land development and the proportions of traditional city blocks in Fort Collins, which
blocks, for the purposes of this definition, shall be considered to be approximately four
hundred (400) feet on each side.
Clubs and lodges shall mean organizations of persons for special purposes or for the
promulgation of sports, arts, literature, politics or other common goals, interests or
activities, characterized by membership qualifications, dues or regular meetings,
excluding clubs operated for profit and/or places of worship or assembly.
Cohesive shall mean having a natural or logical agreement of parts; connected; as in a
cohesive neighborhood. If used in this Land Use Code, coherent shall mean cohesive.
Article 5, Page 7
Supp. I
Article 5, Terms and Definitions Section 5.1.2, Infrastructure
transfer stations, recycling establishments, and transport terminals (truck
terminals, public works yards, container storage).
Height shall mean the distance above a given level. Depending upon the context,
height may be measured according to any of several methods, as described in
Section 3.8.17.
Home occupation shall mean an occupation or business activity which results in
a product or service and is conducted in whole or in part in a dwelling unit, and
is subordinate to the residential use of the dwelling unit.
Hotel/motel/lodging establishment shall mean a building intended and used for
occupancy as a temporary abode for individuals who are lodged with or without
meals, in which there are five (5) or more guest rooms.
Housing model shall mean a single-family or two-family dwelling having at least
three (3) distinguishing major exterior features, including elevations, material
treatments, front facade, rooflines and entryway.
Infill Area shall mean that area shown on the Figure below:
(Figure for Infill Area)
Improved arterial street shall mean that portion of an arterial street which has
been totally or partially constructed to arterial street standards and accepted by
the city.
Improved arterial street network shall mean the system of improved arterial
streets which are interconnected and which are defined on the city map titled
Improved Arterial Streets Network maintained by the Director of Engineering.
Improvement shall mean any man-made,immovable item which becomes part of,
is placed upon or is affixed to, real estate.
Article 5, Page 19
Supp. 1
Article 5, Terms and Definitions Section 5.1.2, Infrastructure
Infrastructure shall mean those man-made structures which serve the common
needs of the population, such as: potable water systems; wastewater disposal
systems, solid waste disposal sites or retention areas; storm drainage systems;
electric, gas or other utilities; bridges; roadways; bicycle paths or trails;
pedestrian sidewalks,paths or trails; and transit stops.
Inhabitant shall mean a person who dwells and is domiciled in a place, as
distinguished from a transient lodger or visitor.
Junkyard shall mean an industrial use (not permitted in residential, business or
commercial districts)contained within a building, structure or parcel of land, or
portion thereof, used for collecting, storing or selling wastepaper, rags, scrap
metal or discarded material or for collecting, dismantling, storing, salvaging or
demolishing vehicles,machinery or other material and including the sale of such
material or parts thereof. Junkyard shall not include a recycling facility.
Kennel shall mean a facility licensed to house dogs,cats or other household pets
and/or where grooming, breeding, boarding or training or selling of animals is
conducted as business.
Landscaping shall mean any combination of living plants such as trees, shrubs,
plants, vegetative ground cover or turf grasses, and may include structural
features such as walkways, fences, benches, works of art, reflective pools,
fountains or the like. Landscaping shall also include irrigation systems,mulches,
topsoil use, soil preparation, revegetation or the preservation, protection and
replacement of existing trees.
Large retail establishment shall mean a retail establishment,or any combination
of retail establishments in a single building, occupying more than twenty-five
thousand (25,000) gross square feet of floor area, except that no supermarket
shall be deemed to be a large retail establishment.
Laundry and dry-cleaning retail outlet shall mean a laundry or dry-cleaning
outlet whose business consists primarily of serving retail customers, provided
that any laundry and dry-cleaning processing that occurs on the premises is
limited to items which are brought directly to the premises by the retail customer.
Level of service shall mean an indicator of the extent or degree of service
provided by, or proposed to be provided by, a facility based on, and related to,
the operational characteristics of the facility. Level ofservice shall indicate the
capacity per unit of demand for each public facility.
Article 5, Page 20
SupP. I
Division 5.1, Definitions Section 5.1.2, Mobile
where it is to be occupied as a dwelling unit and may or may not be attached to
a permanent foundation.
Mobile home park shall mean a parcel of land which has been planned,improved
or is currently used for the placement of mobile homes and contains more than
one (1) mobile home lot.
Native vegetation shall mean any plant identified in Fort Collins Native Plants:
Plant Characteristics and Wildlife Value of Commercial Species,prepared by the
city's Natural Resources Department, updated March 1996.
Natural area shall mean all areas shown as "natural areas" on the city's Natural
Areas Inventory Map. Any land that qualifies as a "wetland" pursuant to the
Federal Clean Water Act shall also be deemed a natural area, in addition to the
areas designated as wetlands on the city's Natural Areas Inventory Map. Any
land area that possesses such characteristics as would have supported its
inclusion on the Natural Areas Inventory Map, if such area is discovered during
site evaluation and/or reconnaissance associated with the development review
process,shall also be deemed a natural area as provided in Section 3.4.1(C)(1)(a).
Natural area buffer zone shall mean any area described and established pursuant
to Section 3.4.1(C).
Natural features shall mean (a) natural springs, (b) areas of topography which,
because of their steepness, erosion characteristics/geologic formations, high
visibility from off-site locations and/or presence of rock outcroppings, and (c)
view corridors which present vistas to mountains and foothills, water bodies,
open spaces and other regions of principal environmental importance, provided
that such natural features are either identified on the city's Natural Areas
Inventory Map, or otherwise meet the definition of"Natural Area" as contained
in this Article.
Neighborhood center shall mean a combination of at least two(2)non-residential
uses and an outdoor space,which together provide a focal point and a year-round
meeting place for a Low Density Mixed-Use Neighborhood.
Neighborhood park shall mean a publicly owned park as defined in the Parks are
Recreation Policy Plan. thirty
sttrrounding neighborhoods.
Article 5, Page 24
Supp. l
Article 5, Terms and Definitions Section 5.1.2, Nightclub
Neighborhood plan shall mean a document adopted by the City Council as a part
of the Comprehensive Plan of the city containing public policies relating to a
specific neighborhood.
Neighborhood service center shall mean a shopping and service center,
approximately fifteen (15) acres in size, designed to meet consumer demands
from an adjacent neighborhood. The primary functional offering is usually a
supermarket with an approximately equivalent amount of associated mixed retail
and service-oriented gross square footage. Other functional offerings may
include employment uses, such as offices and/or commercial development
traditionally located along major arterial streets.
Neighborhood support/recreation facilities shall mean recreation/pool facilities
and/or meeting rooms intended for the use and enjoyment of residents and guests
of the adjacent neighborhood.
Nightclub shall mean a bar containing more than one hundred(100) square feet
of dance floor area.
Nonconforming building shall mean a building which was lawful and
nonconforming under prior law on the day before the effective date of this Land
Use Code or subsequent amendment thereof.
Nonconforming structure shall mean a structure which was lawful and
nonconforming under prior law on the day before the effective date of this Land
Use Code or subsequent amendment thereof.
Nonconforming use shall mean a use which was lawful and nonconforming under
prior law on the day before the effective date of this Land Use Code or
subsequent amendment thereof.
Nonconformities shall mean a nonconforming use, structure or building.
Off-street parking area or vehicular use area shall mean all off-street areas and
spaces designed, used, required or intended to be used for the parking, storage,
maintenance, service, repair, display or operation of, motor vehicles, including
driveways or accessways in and to such areas, but not including any,outdoor
storage area used principally as a"recreational vehicle,boat or truck storage"use
or public streets and rights-of-way.
Opacity shall mean the degree to which air contaminant emission obscures the
view of an observer, expressed in percentage of the obstruction, or the degree
(percent) to which the transmittance of light is reduced by an air contaminant
emission.
Article 5, Page 25
Supp. l
Division 5.1, Definitions Section 5.1.2, Restaurant
Restaurant, fast food shall mean any establishment in which the principal
business is the sale of food or 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 or beverages are usually served in edible containers or in
paper, plastic or other disposable containers; and
(2) the consumption of food or beverages is encouraged or permitted
within the restaurant building, within a motor vehicle parked
upon the premises or at other facilities on the premises outside the
restaurant building, or for carryout for consumption off the
premises.
Restaurant, standard shall mean any establishment in which the principal
business is the sale of food or 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:
(1) customers are served their food and/or beverages by a restaurant
employee at the same table or counter at which the items are
consumed; or
(2) customers are served their food and/or beverages by means of a
cafeteria-type operation where the food or beverages are
consumed within the restaurant building.
Retail establishment(also known as retail store) shall mean an establishment of
twenty-five thousand(25,000) square feet or less of gross leasable floor area in
which sixty (60) percent or more of the gross floor area is devoted to the sale or
rental of goods or merchandise to the general public for personal or household
consumption or to services incidental to the sale or rental of such goods or
merchandise.
Retail stores with vehicle servicing shall mean an establishment in which vehicle
parts are sold and are ordinarily installed on the premises,and where the majority
of the floor area of the establishment is devoted to the installation and
maintenance of such parts (e.g., tire shops and muffler shops).
Revegetation shall mean restoration and mitigation measures for a disturbed
Natural Area or buffer zone in accordance with the requirements of subsections
3.4.1(D)(2) and 3.2.1(F).
Article 5, Page 30
Supp. I
Division 5.1, Definitions Section 5.1.2,Services
Ridgeline protection area shall mean the area described and established pursuant
to Section 3.4.1(G44){4�(O.
River shall mean the Cache La Poudre River unless the context indicates a
general meaning.
Semipublic use shall mean uses operated by recognized religious,philanthropic,
educational or other charitable institutions on a nonprofit basis and in which
goods, merchandise and services are not provided for sale on the premises.
Sensitive or Specially Valued Species shall mean the following species:
Federally Threatened and Endangered Species;State of Colorado Threatened and
Endangered Species; State of Colorado Species of Concern as identified in the
document, Colorado's Natural Heritage: Rate and Imperiled Animals, Plants
and Natural Communities, April 1996, Volume 2, No. 1, Animals and Plants of
Special Concern and/or any other species identified as in need of protection in the
City of Fort Collins Natural Areas Policy Plan, the following wildlife: marsh
wrens, sora, badgers, bats, prairie dogs,jackrabbits, Woodhouse's toad; plains
spadefoot toad, chorus frogs,rattlesnakes, garter snakes,bull snakes, lizards and
tiger salamanders; and locally native populations of the following plants: sweet
flag (Acorns calamas), burreed (Sarganium eurycarpum), carrionflower
greenbriar (Smilax lasionera), blue toadflax (Linaria canadensisi), ball cactus
(Coryphantha vivipara), snowball cactus (Pediocactus simpsonii), common
pepperwort (Marsilea mucronata), Venus looking glass (Triodanis leptocarpa)
and peach-leaf willow (Salix amygdaloides).
Services shall mean the programs and employees determined necessary by the
city to provide for the adequate operation and maintenance of its public facilities
and infrastructure, including, but not limited to, those educational, healthcare,
social and other programs necessary to support the programs,public facilities and
infrastructure required by this Land Use Code, the City Code, the policies and
administrative manuals promulgated pursuant thereto, or state or federal law.
Setback shall mean the required unoccupied open space between the nearest
projection of a structure and the property line of the lot on which the structure is
located, except as modified by the standards of this Land Use Code. Required
setbacks shall be unobstructed from the ground to the sky except as specified in
Section 3.8.19.
Shared parking shall mean required parking that is provided both on-site and in
a municipal parking lot or a private lot constructed and located in accordance
with the requirements of the city,where the same parking spaces are assigned to
more than one (1) use at one (1)time.
Article 5, Page 31
Supp. 1
Division 5.1, Definitions Section 5.1.2,Subdivision
a point immediately above the top of the areola or human male genitals in a
discernibly turgid state, even if completely and opaquely covered.
Specified sexual activities shall mean:
(1) human genitals in a state of sexual stimulation or arousal;
(2) acts of human masturbation, sexual intercourse or sodomy;
(3) fondling or other erotic touching of human genitals,pubic region,
buttocks or female breast or breasts.
Story: See Height.
Story, half shall mean a;space under a sloping ;roof which :has the line of
intersection of the roof and wall face not more than three(3)feet above the floor
level, and in which space the possible floor area with headroom of five(5) feet
or less occupies at least forty percent (40%) of the total floor area of the story
directly beneath.
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.
Structure shall mean a combination of materials to form a construction for use,
occupancy or ornamentation whether installed on,above or below the surface of
land or water.
Subdivider or developer shall mean any person,partnership,joint venture,limited
liability company, association or corporation who participates as owner,
promoter, developer or sales agent in the planning, platting, development,
promotion, sale or lease of a development.
Subdivision shall mean the platting of a lot or the division of a lot,tract or parcel
of land into two (2) or more lots, plots or sites.
Supermarket shall mean a retail establishment primarily selling food, as well as
other convenience and household goods,which occupies a space of not less than
twenty-five thousand one (25,001) square feet.
Transit facility shall mean bus stops, bus terminals, transfer points or depots
without vehicle repair or storage.
Article 5, Page 38
Supp. 1
Division 5.1, Definitions Section 5.1.2, Veterinary
detailing,polishing or the like are conducted. Stteh..__shall not melt`e the '
Vehicle rentals for cars, light trucks and light equipment shall mean the use of
any building,land area or other premises for the rental of cars,light trucks and/or
light equipment.
Vehicle rentals for heavy equipment, large trucks and trailers shall mean the use
of any building, land area or other premises for the rental of heavy equipment,
large trucks or trailers.
Vehicle sales and leasing for cars and light trucks shall mean the use of any
building, land area or other premises for the display and sale or lease of any new
or used car or light truck, and may include outside storage of inventory, any
warranty repair work or other repair service conducted as an accessory use.
Vehicle sales and leasing for farm equipment, mobile homes, recreational
vehicles, large trucks and boats with outdoor storage shall mean the use of any
building, land area or other premises for the display and sale or lease of new or
used large trucks, trailers, recreational vehicles, boats and watercraft, and may
include the outside storage of inventory,any warranty repair work or other repair
service conducted as an accessory use.
Vested property right shall mean the right to undertake and complete the
development and use of property under the terms and conditions of a site specific
development plan.
Veterinary facilities, hospital shall mean any facility which is maintained by or
for the use of a licensed veterinarian in the diagnosis,treatment or prevention of
animal diseases.
Veterinary facilities, small animal clinic shall mean any facility maintained by
or for the use of a licensed veterinarian in the diagnosis,treatment or prevention
of animal diseases wherein the animals are limited to dogs, cats or other
comparable household pets and wherein the overnight care of said animals is
prohibited except when necessary in the medical treatment of the animal.
Veterinary facilities, small animal hospital shall mean any facility which is
maintained by or for the use of a licensed veterinarian in the diagnosis,treatment
or prevention of animal diseases wherein the animals are limited to dogs,cats or
other comparable household pets and wherein the overnight care of said animals
is permitted.
Walkway shall mean an off-street pedestrian path.
Article 5, Page 40
Supp. 1