HomeMy WebLinkAbout177 - 12/17/2002 - MAKING VARIOUS AMENDMENTS TO THE CITY OF FORT COLLINS LAND USE CODE ORDINANCE NO. 177, 2002
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING VARIOUS AMENDMENTS
TO THE CITY OF FORT COLLINS LAND USE CODE
WHEREAS, on March 18, 1997, by Ordinance No. 51, 1997, the Council of the
City of Fort Collins adopted the Fort Collins Land Use Code (the "Land Use Code"); and
WHEREAS, at the time of the adoption of the Land Use Code, it was the
understanding of staff and Council that the Land Use Code would most likely be subject
to future amendments, not only for the purpose of clarification and correction of errors,
but also for the purpose of ensuring that the Land Use Code remains a dynamic document
capable of responding to issues identified by staff, other land use professionals and
citizens of the City; and
WHEREAS, the staff of the City and the Planning and Zoning Board have
reviewed the Land Use Code and identified and explored various issues related to the
Land Use Code and have made recommendations to the Council regarding such issues;
and
WHEREAS, the Council has determined that the Land Use Code amendments
which have been proposed are in the best interest of the City and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF FORT COLLINS that the Land Use Code be, and hereby is, amended as follows:
Section 1. That Section 1.5.5(A)(2) of the Land Use Code is hereby amended
to read as follows:
(2) The enlargement, expansion or construction shall not result in the
conversion of the nonconforming use of a seasonal to a year-round
operation.
Section 2. That Section 1.5.5 of the Land Use Code is hereby amended by the
addition of a new subparagraph(c)which reads as follows:
(C) The hours of operation of a nonconforming use may not be extended into
the hours between 10:00 p.m. and 7:00 a.m.
Section 3. That Section 2.2.10(A)(4) of the Land Use Code is hereby
amended to read as follows:
(4) Appeals. Appeals of the decision of the Director regarding the
approval, approval with conditions or denial of minor amendments
of any approved development plan or site specific development
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plan shall be to the Planning and Zoning Board. Any such appeal
shall be taken by filing a notice of appeal of the final decision with
the Director within fourteen (14) days after the action that is the
subject of the appeal. The decision of the Planning and Zoning
Board on such appeals shall constitute a final decision appealable
pursuant to Section 2.2.12 (Step 12).
Section 4. That Section 2.11.2(C) of the Land Use Code is hereby amended to
read as follows:
(C) Step 3 (Development Application Submittal): All items or documents
required for an appeal from an administrative decision as described in the
development application submittal master list shall be submitted. The
Director may waive or modify the foregoing submittal requirements if,
given the facts and circumstances of the specific application, a particular
requirement would either be irrelevant, immaterial, redundant or
otherwise unnecessary for the full and complete review of the application.
Section 5. That Division 2.12 of the Land Use Code is hereby amended by
the addition of a new Section 2.12.5 which reads as follows:
2.12.5 Effective Date of Annexation
An annexation shall take effect upon the last to occur of the following
events:
(1) the tenth (10`') day following passage on second reading of
the annexation ordinance (except for emergency
ordinances); and
(2) the filing for recording of three (3) certified copies of the
annexation ordinance and map of the area annexed,
containing a legal description of such area, with the
Larimer County Clerk and Recorder.
Section 6. That Section 2.14.2(A) of the Land Use Code is hereby amended
to read as follows:
(A) No building shall be erected, moved or structurally altered unless a
Building Permit has been issued by the Building and Zoning Director. All
permits shall be issued in conformance with the provisions of this Land
Use Code and shall expire six (6) months after the date that such Building
Permit was issued unless properly acted upon in accordance with the
provisions of the Uniform Building Code, as amended. One (1) six (6)
month extension may be granted by the Building and Zoning Director.
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Section 7. That Section 3.2.1(K)(2) of the Land Use Code is hereby amended
to read as follows:
(2) Six (6) feet between trees and water or sewer lines.
Section 8. That Section 3.2.2(L) of the Land Use Code is hereby amended to
read as follows:
(L) Parking Stall Dimensions. Parking areas for automobiles shall meet the
following minimum standards for long- and short-term parking of
standard and compact vehicles:
Section 9. That subsections (A), (B) and (C) of Section 3.4.7 of the Land Use
Code are hereby amended to read as follows:
3.4.7 Historic and Cultural Resources
(A) Purpose. This Section is intended to ensure that (1) historic sites,
structures or objects are preserved and incorporated into the
proposed development and any undertaking that may potentially
alter the characteristics of the historic property is done in a way
that does not adversely affect the integrity of the historic resource;
and (2) new construction is designed to respect the historic
character of the site and any historic properties in the surrounding
neighborhood. This Section is intended to protect designated or
individually eligible historic sites, structures, or objects as well as
sites, structures or objects in designated historic districts, whether
on or adjacent to the project site.
(B) General Standard. If the project contains a site, structure or
object that (1) is determined to be individually eligible for local
landmark designation or for individual listing in the State or
National Registers of Historic Places; (2) is officially designated as
a local or state landmark, or is listed on the National Register of
Historic Places; or (3) is located within an officially designated
historic district or area, then the development plan and
building design shall provide for the preservation and adaptive use
of the historic resource. The development plan and building
design shall protect and enhance the historical and architectural
value of any such historic property, whether on or adjacent to the
project site. New buildings must be compatible with the historic
character of any such historic resource, whether on the project site
or adjacent thereto.
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(C) Determination of Landmark Eligibility. The determination of
individual eligibility for local landmark designation will be made
by the Landmark Preservation Commission after reviewing the
construction date (or age of site or object) and photographs of the
historic resource (to be provided by the applicant). A site,
structure or object may be determined to be individually eligible
for local landmark designation if it meets one (1) or more of the
criteria as described in Section 14-5, "Standards for Designation of
Sites, Structures, Objects and Districts For Preservation" of the
City Code. If a property is determined to be eligible for
designation, the applicant will provide a completed Colorado
Cultural Resource Survey Architectural Inventory Form for the
property. (Forms are available from the Community Planning and
Environmental Services Department.)
The determination of individual eligibility for the National or State
Register of Historic Places shall be according to the processes and
procedures of the Colorado Historical Society.
Section 10. That Section 3.4.7(E)(1) of the Land Use Code is hereby amended
to read as follows:
(E) New Construction.
(1) To the maximum extent feasible, the height, setback and/or
width of new buildings shall be similar to those of existing
historic buildings on any block face on which the new
building is located and on any portion of a block face
across a local or collector street from the block face on
which the new building is located unless, in the judgment
of the decision maker, such historic buildings would not be
negatively impacted with respect to their historic exterior
integrity and significance by reason of the new building(s)
being constructed at a dissimilar height, setback and/or
width. Where building setbacks cannot be maintained,
elements such as walls, columns, hedges or other screens
shall be used to define the edge of the site and maintain
alignment. Taller buildings or portions of building shall be
located interior to the site. Buildings at the ends of blocks
shall be of a similar height to buildings in the adjoining
blocks.
Section 11. That the title of Section 3.5.2(D) of the Land Use Code is hereby
amended to read as follows:
(D) Residential Building Setbacks and Lot Width.
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Section 12. That Section 3.5.2(D)(3) of the Land Use Code is hereby amended
to read as follows:
(3) Side and Rear Yard Setbacks. The minimum side yard
setback for all residential buildings and for all detached
accessory buildings that are incidental to the residential
building shall be five (5) feet from the property line, except
for alley-accessed garages for which the minimum setback
shall be eight (8) feet. If a zero-lot line development plan
is proposed, a single six-foot minimum side yard is
required. Rear yard setbacks in residential areas shall be a
minimum of fifteen (15) feet from the rear property line,
except for garages and storage sheds not exceeding eight
(8) feet in height, where the minimum setback shall be zero
(0) feet, and for alley-accessed garages and dwellings for
which the minimum setback shall be eight (8) feet.
Section 13. That Section 3.5.2(D) of the Land Use Code is hereby amended by
the addition of a new subparagraph(4)which reads as follows:
(4) Minimum lot width. A minimum lot width of fifty(50) feet
shall be required for any single family detached dwelling if
the garage and/or driveway is served by access from the
abutting street unless such lot also adjoins an alley or is
located at the corner of two (2)public streets.
(a) Alternative Compliance. Upon request by an
applicant, the decision maker may approve
alternative lot widths that may be substituted for lot
widths that meet the standards of this Section.
1. Procedure. Subdivision plans showing
alternative compliance lot widths shall be
prepared and submitted in accordance with
submittal requirements for plans as set forth
in Section 2.4.2(C). The plan shall clearly
identify and discuss modifications and
alternatives proposed for utility placement
necessary to serve the development and
ways in which the plan would 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
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the proposed alternative plan accomplishes
the purposes of this Section equally well or
better than would a plan that complies with
the standards of this Section.
In reviewing the proposed alternative plan,
the decision maker shall consider the extent
to which the proposed design provides
sufficient utility service, and whether utility
services can be adequately maintained over
the passage of time.
Section 14. That Section 3.8.3(10) of the Land Use Code is hereby amended
by the addition of a new subparagraph(g)which reads as follows:
(g) vehicle repair, servicing, detailing or towing if
vehicles are:
1. dispatched from the premises, or
2. are brought to the premises, or
3. are parked or stored on the premises or on
an adjacent street.
Section 15. That the tables contained in Section 3.8.6 (A) and (B) of the Land
Use Code are hereby amended to read as follows:
(A) . . .
Maximum
number of M a x i m u m Minimum
residents
Additional lot permissible separation
Zone excluding area for each residents, requirements
supervisors,for additional resident e x c l u d i n g between any other
minimum lot (square feet) supervisors group home
size (feet)
U-E 3 2,000 8 1,500
R-L, N-C-L, H-C, E, 3 1,500 8 1,500
R-F
L-M-N,N-C-M, 6 750 8 1,000
R-D-R
N-C-B,D,C-N, 6 500 8 700
C-C-N,M-M-N,
H-M-N,N-C,C,
C-C,C-L,C-C-R
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Atom" -Onft,
(B) . . .
Maximum Minimum
number of Additional lot M a x i m u m separation
residents permissible
Zone excluding area for each residents, requirements
supervisors,for additional resident e x c l u d i n g between any other
minimum lot (square feet) supervisors group home
size (feet)
L-M-N,N-C-M, 6 750 15 1,000
R-D-R
N-C-B,D,C-N, 6 500 20** 700
C-C-N,M-M-N,
H-M-N,N-C,
C,C-C,C-L,C-C-R
Section 16. That Section 3.8.7(L)(1) of the Land Use Code is hereby amended
to read as follows:
(1) No election sign authorized by Section 3.8.7(C)(1)(g) or
3.8.7(D)(2) shall be allowed on a lot prior to forty-five (45) days
before an election day; provided, however, that any person
desiring an election sign to remain on a lot in any zone district for
a longer period may apply to the Zoning Board of Appeals for a
variance to extend the time period. The board shall determine,
based upon factors other than agreement or disagreement with the
contents of the particular election sign, whether there is sufficient
reason for an extension of time and the exact amount of time to be
allowed under any extension, taking into consideration the purpose
for which the sign was erected, whether or not that purpose would
still be served by allowing the sign to remain on the lot for an
additional period of time, and the appropriate amount of time
necessary to effectuate that purpose. All election signs shall be
removed within four(4) days after the election day.
Section 17. That Section 3.8.17(A)(3) of the Land Use Code is hereby
amended to read as follows:
(3) Contextual Height. Regardless of the maximum building height
limit imposed by the zone district standards of this Land Use Code,
applicants shall be allowed to use a "contextual" height limit. The
allowed "contextual" height may fall at any point between the zone
district maximum height limit and the height of a building that
exists on a lot that is adjacent to the subject lot. This provision
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shall not be interpreted as requiring greater minimum heights or
lower maximum heights than imposed by the underlying zone
district.
Section 18. That Section 3.8.19(A) of the Land Use Code is hereby amended
by the addition of a new subparagraph(10)to read as follows:
(10) decks which are not more than thirty(30) inches above ground.
Section 19. That Section 4.4(B)(3)(b)l. of the Land Use Code is hereby
amended to read as follows:
1. Public and private schools for elementary,
intermediate and high school education, and
for vocational and technical training.
Section 20. That Section 4.21(D)(2) of the Land Use Code is hereby amended
to read as follows:
(2) Secondary Uses. All secondary uses shall be integrated
both in function and appearance into a larger employment-
based development plan that emphasizes primary uses. A
secondary use shall be subject to administrative review or
Planning and Zoning Board review as required for such use
in Section 4.21(B). The following permitted uses shall be
considered secondary uses in this zone district and together
shall occupy no more than twenty-five (25) percent of the
total gross area of the development plan.
Section 21. That Section 4.22(D)(2) of the Land Use Code is hereby amended
to read as follows:
(2) Secondary Uses. All secondary uses shall be integrated
both in function and appearance into a larger employment
district development plan that emphasizes primary uses. A
secondary use shall be subject to administrative review or
Planning and Zoning Board review as required for such use
in Section 4.22(B). The following permitted uses shall be
considered secondary uses in this zone district and together
shall occupy no more than twenty-five (25) percent of the
total gross area of the development plan.
Section 22. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of a new definition 'Block face" which reads as follows:
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Block face shall mean the portion of a block that abuts a street.
Section 23. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of a new definition "Zero lot line development plan" which reads as follows:
Zero lot line development plan shall mean a development plan where the location
of one (1) or more dwellings (limited to single family detached or single family
attached dwellings) are placed on lots in such a manner that at least one (1) of the
dwelling's sides rests directly on a lot line, as measured from the outer edge of the
dwelling's foundation at the ground line, so as to enhance the usable open space
on the lot.
Section 24. That the definition of "Retail establishment" contained in Section
5.1.2 of the Land Use Code is hereby amended to read as follows:
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, including stocking, to the general public for personal or
household consumption or to services incidental to the sale or rental of such
goods or merchandise.
Section 25. That the definition of"Zero lot line" contained in Section 5.1.2 of
the Land Use Code is hereby amended to read as follows:
Zero lot line structure shall mean a structure with at least one (1) wall
conterminous with the lot line, which wall may include footings, eaves and
gutters that may encroach onto the adjacent lot under the authority of an
encroachment and maintenance easement.
Introduced and considered favorably on first reading and ordered published in
summary form this 19th day of November, A.D. 2002, and to lie presented for final
passage on the 17th day of December, A.D. 2002.
-mayor ~
ATTEST:
4alv-� I" A
City Clerk
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Passed and adopted on final reading this 17th day of December, A.D. 2002.
A
Mayor
ATTEST:
JA LA
City Clerk
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