HomeMy WebLinkAbout083 - 06/03/2003 - AMENDING THE CITY CODE PROHIBITING THE CREATION OF ENFORCEMENT OF COVENANT RESTRICTIONS ON CERTAIN R ORDINANCE NO. 083, 2003
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 12 OF THE CITY CODE TO
PROHIBIT THE CREATION OR ENFORCEMENT OF
COVENANT RESTRICTIONS ON CERTAIN RESOURCE CONSERVING
ACTIVITIES AND ELIMINATING A SIMILAR PROVISION
OF THE LAND USE CODE
WHEREAS, Section 3.4.9 of the Land Use Code of the City of Fort Collins currently
nullifies and renders unenforceable any private covenants or other agreements established after July
1, 2001, that restrict the use of real property for certain resource conserving activities, including
xeriscape landscaping, specified solar collectors, specified clothes lines, and compost bins; and
WHEREAS, in order to more widely promote, encourage and allow the use of resource
conserving practicing in the use of real property, staff has recommended that this prohibition be
expanded to prohibit the creation or enforcement of similarly restrictive covenants or agreements;
and
WHEREAS, in addition, staff has recommended that the City also prohibit any private
covenants which mandate that turf grass landscaping be planted on real property; and
WHEREAS,these modifications can be accomplished by adding as a new section in Chapter
12 of the City Code a version of the language currently provided in Section 3.4.9 of the Land Use
Code, modified to expand the scope of its application and to address turf grass requirements; and
WHEREAS, the Water Board considered the proposed new City Code section on April 24,
2003, and recommended approval with certain modifications that have been incorporated herein;
and
WHEREAS,the Planning and Zoning Board considered the proposed new City Code section
on May 1,2003,and expressed no objection to the substance of the provision,but recommended that
further public outreach be conducted; and
WHEREAS,with the addition of the proposed new City Code provision,Section 3.4.9 of the
Land Use Code is no longer needed and staff has recommended that it be deleted; and
WHEREAS, the City Council has determined that the important public health, safety and
welfare objective of conserving valuable resources including water, soil, electric and natural gas
resources,and recycling certain compostable wastes,will be served and advanced by prohibiting the
creation or enforcement of private covenants that prohibit the installation of xeriscape landscaping,
solar/photo-voltaic collectors, clothes lines (if located in backyards), or odor controlled compost
bins, or that require a portion of any individual lot to be planted in turf grass.
NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That a new Article VII,entitled"Resource Conservation"be added to Chapter
12 of the Code of the City of Fort Collins, and that a new Division 1,entitled"Generally"be added
to Article VII with a new Section 12-120 to read as follows:
ARTICLE VII. RESOURCE CONSERVATION
DIVISION 1. GENERALLY
Sec. 12-120. Definitions.
Restrictive covenant shall mean any covenant, restriction or condition
applicable to real property for the purpose of controlling land use, but shall not
include any covenant, restriction or condition imposed on such real property by
any governmental entity.
Xeriscape landscaping shall mean any or all of the following:
(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;
(c) use of low-water demanding plants and turf;
(d) use of efficient irrigation systems;
(e) incorporation of soil improvements; and/or
(f) use of mulches;
Xeriscape landscaping shall not include artificial turf or plants; mulched
(including gravel) beds or areas without landscape plant material; paving of areas
not required for walkways, patios, or plazas or parking areas; bare ground; or
weed covered or infested surfaces.
Sec. 12-121. Purpose.
The purpose of this division is to promote the conservation of water, soil,
electric and natural gas resources.
Sec. 12-122. Promotion of conservation.
No person shall create, cause to be created, enforce or seek to enforce any
provision contained in any restrictive covenant which has the effect of prohibiting
or limiting the installation or use of xeriscape landscaping, solar/photo-voltaic
collectors (if mounted flush upon any established roof line), clothes lines (if
located in back yards), or odor-controlled compost bins, or which has the effect of
requiring that a portion of any individual lot be planted in turf grass.
Section 2. That Section 3.4.9 of the Land Use Code of the City of Fort Collins is
hereby repealed in its entirety.
Introduced and considered favorably on first reading and ordered published this 20th day
of May, A.D. 2003, and to be presented for final passage on the 3rd day of June, A.D. 2003.
Mayor
ATTEST:
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City Clerk lalle"c
Passed and adopted on final reading this 3rd day of June, A.D. 2003.
Mayor
A EST:
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City Clerk