HomeMy WebLinkAbout108 - 10/04/2005 - AMENDING THE LAND USE CODE REGARDING ANNEXATION OF USES NOT LEGALLY PERMITTED ORDINANCE NO. 108, 2005
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE FORT COLLINS LAND USE CODE
REGARDING ANNEXATION OF USES NOT LEGALLY PERMITTED
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 an issue pertaining to the annexation of uses not
legally permitted in the County and have made recommendations to the Council regarding this
issue; and
WHEREAS, the Council has determined that the Land Use Code amendment which has
been proposed is 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 Section 2.12.4 of the Land Use Code is hereby amended as follows:
2.12.4 Annexation of Uses Not Legally Permitted
In the event that a use which is not permitted by the county exists on any property that is
included in an enclave annexation consisting of more than one (1) separately owned
parcel, the above-described development process shall apply only if such property is
placed in a zone district wherein such use is a permitted use. If a property which contains
a use that is not permitted by the county is included in such multi-parcel enclave
annexation, and such property is placed in a zone district that does not allow the use
within the city, such illegal use must be discontinued within (A) two (2) years from the
date of the second reading of the annexation ordinance, or (B) if such illegal use is the
subject of a county initiated zoning or nuisance enforcement action, then within the time
established by the court as a result of such enforcement action, or (C) if such illegal use is
the subject of a zoning or nuisance complaint filed with the county and determined by the
Director to be bona fide (but which has not become the subject of an enforcement action
under (B) above, or if it has become the subject of an enforcement action, such action has
been dismissed by the court for lack of county jurisdiction because the property has been
annexed into the city), then ninety (90) days from the date of second reading of the
annexation ordinance, whichever occurs first. With respect to the time limit established
in (C) above, the Director may extend said time for an additional duration not to exceed
one hundred eighty (180) days if necessary to prevent or mitigate undue hardship or
manifest injustice.
Introduced and considered favorably on first reading and ordered published this 20th day
of September, A.D. 2005, and to be presented for final passag the 4th day of October, A.D.,
2005.
w
May
ATTEST:
City Clerk
Passed and adopted on final reading this 4th day of t6 0 fir, A.D. 20
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Mayo
TTEST:
City Clerk