HomeMy WebLinkAbout165 - 11/16/1999 - MAKING VARIOUS AMENDMENTS TO THE LAND USE CODE ORDINANCE NO. t 65, 1999
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING VARIOUS AMENDMENTS
TO THE CITY OF FORT COLLINS LAND USE CODE
WHEREAS, on March 18, 1997, by Ordinance No. 51, 1997, the Council of the
City of Fort Collins adopted the Land Use Code; and
WHEREAS, at the time of the adoption of the Land Use Code, it was the
understanding of staff and Council that the Land Use Code would most likely be subject
to future amendments, not only for the purpose of clarification and correction of errors,
but also for the purpose of ensuring that the Land Use Code remains a "fluid" document
capable of responding to issues identified by staff, other land use professionals and
citizens of the City; and
WHEREAS, the staff of the City 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 welfare of the City and its
citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF FORT COLLINS that the Land Use Code be, and hereby is, amended as follows:
Section 1. That Section 1.4.7(B) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(B) Notwithstanding the provisions of Colorado law to the contrary,
any parcel of land, whether larger or smaller than thirty-five (35)
acres, may be conveyed by metes and bounds description or by
other usual and customary method of land description, without
being subject to subdivision requirements; provided, however, that
no such conveyance shall imply or confer any right to develop, or
create a new lot upon which development can occur if such
development has not been approved prior to the conveyance, nor
shall such conveyance create a nonconformity of any nature
whatsoever, or circumvent the intent or requirements of this Land
Use Code.
Section 2. That Section 1.5.4 of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
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1.5.4 Reconstruction
A nonconforming building or structure or a building or structure containing a
nonconforming use which has been taken by governmental acquisition or
damaged by fire or other accidental cause or natural catastrophe, may be
reconstructed, 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
reconstruction is commenced, and provided that, to the extent reasonably feasible,
such restoration complies with the standards contained in Articles 3 and 4.
Section 3. That Section 1.6.4 of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
1.6.4 Reconstruction
A building or structure containing an existing limited permitted use which has
been taken by governmental acquisition or damaged by fire or other accidental
cause or natural catastrophe may be reconstructed, provided that, to the extent
reasonably feasible, such reconstruction complies with the standards contained in
Articles 3 and 4.
Section 4. That Section 2.1.2(B) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(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 2.9. 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 application. Again, the city's
staff will be available to assist applicants with their understanding of the
zone districts and permitted uses.
Section 5. That Section 2.1.2(F) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
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(F) What if the development proposal doesn't fit into one of the types of
development applications discussed above? In addition to the three (3)
development applications for permitted uses, the applicant may seek
approval for other types of development applications, including
development applications for a modification of standards (Division 2.8),
an amendment to the text of the Land Use Code and/or the Zoning Map
(Division 2.9), a hardship variance (Division 2.10), an appeal of an
administrative decision (Division 2.11) or other requests. These other
types of development applications will be reviewed according to
applicable steps in the common development review procedures.
Section 6. That Section 2.1.2(G) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(G) Is a building permit required? The next step after approval of a
final plan is to apply for a Building Permit. Most construction
requires a Building Permit. This is a distinct and separate process
from a development application. The twelve (12) steps of the
common development review procedures must be followed for the
Building Permit process. Procedures and requirements for
submitting a Building Permit application are described in Division
2.7.
Section 7. That Section 2.1.3(A) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(A) Applicability. All development proposals which include only
permitted uses must be processed and approved through the
following development applications: first through a project
development plan (Division 2.4), then through a final plan
(Division 2.5), and then through a building permit review
(Division 2.7). If the applicant desires to develop in two (2) or
more separate project development plan submittals, an overall
development plan (Division 2.3) will also be required prior to or
concurrently with the project development plan. 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 G tide 4).
Permitted uses subject to administrative review or permitted uses
subject to Planning and Zoning Board review listed in the
applicable zone district set forth in Article 4, District Standards,
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shall be processed through an overall development plan, a project
development plan or a final plan. If any use not listed as a
permitted use in the applicable zone district is included in a
development application, it may also be processed as an overall
development plan, project development plan or final plan, if such
proposed use has been approved, or is concurrently submitted for
approval, in accordance with the requirements for an amendment to
the text of this Land Use Code and/or the Zoning Map, Division
2.9, or in accordance with the requirements for the addition of a
permitted use under Section 1.3.4. Development applications for
permitted uses which seek to modify any standards contained in
the General Development Standards in Article 3, or the District
Standards in Article 4, shall be submitted by the applicant and
processed as a modification of standards under Division 2.8.
Hardship variances to standards contained in Article 3, General
Development Standards, or Article 4, District Standards, shall be
processed as hardship variances by the Zoning Board of Appeals
pursuant to Division 2.10. Appeals of administrative/staff
decisions shall be according to Division 2.11.
Section 8. That Section 2.1.3(D)(1) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(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 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 2.8.
Section 9. That Section 2.2.3(E)(1) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(1) Recovery of Costs. Development review fees are hereby established for
the purpose of recovering the costs incurred by the city in processing,
reviewing and recording applications pertaining to development
applications or activity within the municipal boundaries of the city, and
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issuing permits related thereto. The development review fees imposed
pursuant to this Section shall be paid at the time of submittal of any
development application, or at the time of issuance of the permit, as
determined by the City Manager and established in the development
review fee schedule.
Section 10. That Section 2.2.12 of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
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 2.11 of this Land Use Code.
Section 11. That Section 2.8.1 of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
2.8.1 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 Development Standards contained 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, either for: (1) overall
development plans and/or project development plans which are pending approval
at the time that the request for proposed modification is filed, or (2) overall
development plans and/or project development plans which the applicant intends
to file, provided that such plans are in fact filed with the Director as development
applications within one (1)year following the determination of the decision maker
on the request for the proposed modification, or (3) development plans approved
under prior law and which are sought to be amended (either as a minor or major
amendment)pursuant to Section 2.2.10.
Section 12. That Section 2.9.4(F)(2) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(2) Rezonings of no more than six hundred forty (640)
acres (quasi-judicial): Section 2.2.6(A) shall apply
except that the notice provided for therein shall be
mailed at least seven (7) days prior to the public
hearing/meeting date (instead of fourteen [14] days)
and shall identify the proposed new zoning
district(s), as well as the uses permitted therein,
shall indicate whether a neighborhood meeting will
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be held with regard to the proposed rezoning, and
shall inform the recipient of the notice of the name,
address and telephone number of the Director, to
whom questions may be referred with regard to
such zoning change. Section 2.2.6(B) and (C) shall
apply. Section 2.2.6(D) shall not apply.
Section 13. That Section 2.10.2(F) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(F) Step 6 (Notice): Section 2.2.6(A) only applies, except that "500 feet" shall
be changed to "150 feet," and "14 days" shall be changed to "7 days,"
everywhere they occur in Section 2.2.6.(A). Section 2.2.6 (B)-(D) shall
not apply.
Section 14. That Section 3.2.1(E) of the Land Use Code of the City of Fort
Collins is hereby amended by adding a new subparagraph (7) to read as follows:
(7) Landscaping of Vehicle Display Lots. Vehicle display lots for
vehicle sales and leasing (as those terms are defined in Article 5)
that abut an arterial or collector street shall feature landscaped
islands along the street at an interval not to exceed every fifteen
(15) vehicles or one hundred thirty-five (135) feet, whichever is
less. Each landscaped island shall comply with the requirements of
Section 3.2.1(E)(5)(c).
Section 15. That Section 3.2.2(K)(3) of the Land Use Code of the City of Fort
Collins be deleted in its entirety and subsequent paragraphs be renumbered.
Section 16. That Section 3.2.3(A) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(A) Purpose. It is the city's intent to encourage the use of both active
and passive solar energy systems for heating air and water in
homes and businesses, as long as natural topography, soil or other
subsurface conditions or other natural conditions peculiar to the
site are preserved. While the use of solar energy systems is
optional, the right to solar access is protected. Solar collectors
require access to available sunshine during the entire year,
including between the hours of 9:00 am and 3:00 pm, MST, on
December 21, when the longest shadows occur. Additic..ully, a
goal of this Section is to ensure that site plan elements do not
excessively shade adjacent properties, creating a significant
adverse impact upon adjacent property owners. Thus, standards
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are set forth to evaluate the potential impact of shade caused by
buildings, structures and trees.
Section 17. That Section 3.2.4(D) of the land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(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 and fully shielded and
shall feature sharp cut-off capability so as to minimize up-
light, spill-light, 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. Poles shall be anodized (or otherwise coated) to
minimize glare from the light source.
(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 and high-pressure
sodium light sources all 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 arca plan. The Community Planning and
Environmental Sen:ces Department can provide
information regarding neighborhood or area plans. Natural
areas and natural features shall be protected from light
spillage from off-site sources.
(7) Maximum on-site lighting levels shall not exceed ten (10)
foot-candles, except for loading and unloading platforms
where the maximum lighting level shall be twenty (20)
foot-candles.
(8) Light levels measured twenty (20) feet beyond the property
line of the development site (adjacent to residential uses or
public rights-of-way) shall not exceed one-tenth (0.1) foot-
candle as a direct result of the on-site lighting.
(9) Outdoor display lots for vehicles sales and leasing (as those
terms are defined in Article 5) shall comply with the
requirements of this section. In addition, display fixture
illumination shall be reduced within thirty (30) minutes
after closing so that the remaining illumination levels are
sufficient for security purposes only; provided, however,
that any illumination used after 11:00 p.m. shall be reduced
to levels sufficient for security purposes only.
Section 18. That Section 3.3.2(C)(2) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(2) The plat shall contain a two-year maintenance guarantee and a
five-year repair guarantee covering all errors or omissions in the
design and/or construction. Said guarantees shall run concurrently
and shall commence upon the date of completion of the public
improvements and acceptance by the city, as described in Section
2.2.3(C)(3) (Execution of Plats/Deeds; Signature Requirements).
If a plat is not required or if the plat does not include the entire area
being developed, then said maintenance and repair guarantees shall
be established in a development agreement. Security for the
maintenance guarantee and the repair guarantee (hereinafter
referred to as the "maintenance/repair security") shall be in the
form of a bond, letter of credit, cash, certificate of deposit, an
extension of the security as provided in subsection (1) above or
other city-approved means to secure said maintenance and repair.
The amount of the maintenance/repair security during the mainte-
nance guarantee period shall be based on a percentage of the cost
of the public improvements. Said percentage shall be determined
by the City Engineer based on the potential costs of repairs within
the development and shall not exceed twenty-five (25) percent. At
the conclusion of the two-year maintenance/repair period,
representatives of the city and the developer shall jointly conduct
an inspection of the development for the purpose of identifying any
repairs or maintenance actions necessary before transfer of the
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maintenance responsibility from the developer to the city. Upon
satisfactory completion of said repairs or maintenance actions, the
city will assume the responsibility for maintaining the streets and
other improvements which have been dedicated to the city.
Section 19. That Section 3.5.2(B)(1) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(B) Housing Model Variety.
(1) Any development of one hundred (100) or more single-
family detached, single-family attached in groups of two
(2), or two-family detached dwelling units shall have at
least four (4) different types of housing models. Any
development of fewer than one hundred (100) single-family
or two-family dwelling units shall have at least three (3)
different types of housing models. The applicant shall
include in the application for approval of the project
development plan documentation showing how the
development will comply with the foregoing requirement.
Section 20. That Section 3.5.3(C) of the Land Use Code of the City of Fort
Collins is hereby amended by changing the introductory sentence to read as follows:
(C) Variation in Massing. A single, large, dominant building mass
shall be avoided in new buildings and, to the extent reasonably
feasible, in development projects involving changes to the mass of
existing buildings.
Section 21. That Section 3.5.3(D) of the Land Use Code of the City of Fort
Collins is hereby amended by the addition of an introductory sentence to read as follows:
(D) Character and Image. In new buildings and, to the extent
reasonably feasible, in development projects involving changes to
existing building walls, facades, or awnings (as applicable), the
following standards shall apply:
Section 22. That Section 3.5.4(A) and (B) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
(A) Purpose. These standards are intended to ensure that large retail
building development is compatible with its surrounding area and
contributes to the unique community character of Fort Collins.
(For expansions/enlargements of large retail establishments, see
also Section 3.8.20(A)).
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(B) Land Use. All Large Retail Establishments shall be located in a
group of more than four (4) retail establishments located in a
complex which is planned, developed, owned or managed as a
single unit with off-street parking provided on the property. Indoor
recreation facilities are exempt from this requirement.
Section 23. That Section 3.5.4(C)(3)(a) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
(a) Entrances. All sides of a large retail establishment
that directly face an abutting public street shall
feature at least one (1) customer entrance. Where a
large retail establishment directly faces more than
two (2) abutting public streets, this requirement
shall apply only to two (2) sides of the building,
including the side of the building facing the primary
street, and another side of the building facing a
second street. (See Figure 15.). Movie theaters are
exempt from this requirement.
Section 24. That Section 3.6.2(J)(1), (2) and (3) of the Land Use Code of the
City of Fort Collins is hereby amended to read as ('ollows:
(J) Public alleys and other easements shall be controlled by the
following requirements:
(1) Public alleys in residential subdivisions shall be permitted
only when: (a) they are necessary and desirable to continue
an existing pattern, or(b) they are needed to allow access to
residential properties having garages or other parking areas
situated behind the principal structure and the principal
structure is on a narrow residential local street.
(2) Public alleys shall be provided in commercial and industrial
areas unless other provisions are made and approved for
service access.
(3) All public alleys shall be constructed in conformance with
the "Design and Construction Criteria, Standards and
Specifications for Streets, Streetscapee, Sidewalks, Alleys
and Other Public Ways" as adopted by the City Council by
ordinance or resolution.
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Section 25. That Section 3.6.2(K)(1) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(1) When Allowed. Private streets shall be allowed in a
development, provided that their function will only be to
provide access to property within the development. Private
streets shall not be permitted if (by plan or circumstance)
such streets would, in the judgment of the City Engineer,
attract "through traffic" in such volumes as to render such
streets necessary as connections between developments,
neighborhoods, or other origins and destinations outside of
the development plan.
Section 26. That Section 3.6.2(L) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(L) Private Drives.
(1) When Allowed.
(a) Internal access or additional cross-access. Private
drives shall be allowed in a development, provided
that their function will only be to provide access to
property within the development or additional
cross-access between developments that are also
connected by a street(s). Private drives shall not be
permitted if (by plan or circumstance) such drives
would, in the judgment of the City Engineer, attract
"through traffic" in such volumes as to render such
drives necessary as connections between
developments, neighborhoods, or other origins and
destinations outside of the development plan. A
private drive shall not be permitted if it prevents or
diminishes compliance with any other provisions of
this Land Use Code.
(b) Primary access in single-family developments. A
private drive, instead of a street, shall be allowed to
provide primary access to an unusually shaped
parcel of land to serve up to four (4) isolated single-
family lots, provided that the drive is connected to
only one (1) street. The foregoing limit of four (4)
single-family lots shall not apply to private drives
that provide additional access to property that has
street frontage and pedestrian access from a street.
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Section 27. That Section 3.6.2(L)(2)(c) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
(c) Maximum dead-end drive length shall be one
hundred fifty (150) feet except for private drives
that provide additional access as referenced in
subsection (b) above.
Section 28. That Section 3.8.3(10) of the Land Use Code of the City of Fort
Collins is hereby amended by adding a new subparagraph (f) to read as follows:
(f) adult-oriented use.
Section 29. That Section 3.8.3(11) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(11) A home occupation shall be permitted only after the owner or inhabitant of
the dwelling in which such occupation is conducted has obtained a home
occupation license from the city. The fee for such a license shall be ten
dollars (SIO.), and the term of such license shall be two (2) years. At the
end of such term, the license may be issued again upon the submission and
review of a new application and the payment of an additional ten-dollar
fee. If the city is conducting an investigation of a violation of this Code
with respect to the particular home occupation at the time such renewal
application is made, the license will not be reissued until the investigation
is completed, and if necessary, all violations have been corrected. The
term of the previous license shall continue during the period of
investigation.
Section 30. That Section 3.8.7(C)(1) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(1) Limitations for Residential Districts and Uses. Signs in the
N-C-L, N-C-M, U-E, R-L, L-M-N, M-M-N, H-M-N, N-C-
B, R-C, and P-O-L Districts may include and shall be
limited to the following:
Section 31. That Section 3.8.11(1) of the Land Use Code of the City of Fort
Collins he amended to read as follows:
3.8.11 Fences and Walls
Fencing and Walls. Fencing and walls shall meet the following standards:
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(1) If used along collector or arterial streets, such features shall
be made visually interesting and shall avoid creating a
"tunnel" effect. Compliance with this standard shall be
accomplished by integrating architectural elements such as
brick or stone columns, incorporating articulation or
openings into the design, varying the alignment or setback
of the fence, softening the appearance of fence lines with
plantings, or similar techniques. In addition to the
foregoing, and to the extent reasonably feasible, fences and
sections of fences that exceed one hundred (100) feet in
length shall vary the alignment or setback of at least one
third (1/3) of the length of the fence or fence section (as
applicable) by a minimum of five (5) feet.
Section 32. That Section 4.1(D)(2) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(2) Dimensional Standards.
(a) Minimum lot width shall be one hundred (100) feet,
except that the minimum lot width for a single
family dwelling on a lot located in a subdivision
that was developed pursuant to the RL district
standards prior to March 28, 1997 shall be sixty
(60) feet.
(b) Minimum depth of the front yard shall be thirty (30)
feet, except that the minimum depth of the front
yard for a single family dwelling on a lot located in
a subdivision that was developed pursuant to the RL
district standards prior to March 28, 1997 shall be
twenty (20) feet.
(c) Minimum depth of the rear yard shall be twenty-
five (25) feet, except that the minimum depth of the
rear yard for a single family dwelling on a lot
located in a subdivision that was developed
pursuant to the RL district standards prior to March
28, 1997 shall be fifteen (15) feet.
(d) Minimum side yard width shall be twenty (20) feet,
except that the minimum depth of the side yard for a
single family dwelling on a lot located in a
subdivision that was developed pursuant to the RL
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district standards prior to March 28, 1997 shall be
fifteen (15) feet on the street side of any corner lot
and five (5) feet for all interior side yards.
(e) Maximum building height shall be three (3) stories.
Section 33. That Section 4.4(B)(3)(c)3. of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
3. Offices, financial services and clinics-which
are not part of a neighborhood center.
Section 34. That Section 4.4(D)(4) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(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 a neighborhood center in
subsection (3) above have been met. This limitation shall
not apply to uses permitted along East Vine Drive under
subsection (5) belo�x.
Section 35. That Section 4.4(D)(7) of the Land Use Code of the City of Fort
Collins is hereby amended by changing the introductory sentence to read as follows:
(7) Small Neighborhood Parks. Either a neighborhood park or
a privately owned park, that is at least one (1) acre in size
shall be located within a maximum of one-third ('/3) mile of
at least ninety (90) percent of the dwellings in any
development project of ten (10) acres or larger, as measured
along street frontage. Such parks shall meet the following
criteria:
Section 36. That Section 4.6(F)(1)(d) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(d) A rooftop or second floor addition shall not
overhang the lower front or side exterior walls of a
new or existing building.
Section 37. That Section 4.7(F)(1)(d) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
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(d) A rooftop or second floor addition shall not
overhang the lower front or side exterior walls of a
new or existing building.
Section 38. That Section 4.8(E)(1)(d) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(d) A rooftop or second floor addition shall not
overhang the lower front or side exterior walls of a
new or existing building.
Section 39. That Section 4.12(B)(2) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(2) The following uses are permitted in the subdistricts of the
Downtown District, subject to Building Permit (BP)
Review, administrative (Type 1) Review or Planning and
Zoning Board (Type 2) Review as specifically identified on
the chart below:
Land Use Old City Center Canyon Avenue Civic Center
Two-family dwellings Not Permitted Type 1 Not Permitted
Single-family attached Not Permitted Type 1 Type 1
dwellings(up to four units
per building)
Multi-family Bp
Type 2 Type 2
Dwellings
Group homes Type 1 Type 2 Type 2
Mixed-use dwelling units BP Type 1 Type 1
Boarding and rooming Type 2 Type 2 Type 2
houses
Fraternity and sorority Not Permitted Type 2 Not Permitted
houses
y�rsi a � VISE"
_, s " � P I _
83t'� p m � +- iy, 1, RNI �. s
b Fk>j-,a�t � ��
Places of worship or Not Permitted Type 1 Not Permitted
assembly
Public and private schools BP Type 1 Type 1
(colleges,universities,
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Land Use Old City Center Canyon Avenue Civic Center
vocation training)
Public and private schools Type 2 Type 2 Type 2
(elementary, intermediate
and high school
education)
Community facilities Type I Type 1 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 1
Parks,recreation and Type I Type 1 Type 1
other open lands, except
neighborhood parks as
defined by the Parks and
Recreation Policy Plan
16
Transit facilities(without Type 2 Type 2 Type 2
repair/storage)
Jails,detention and penal Not Permitted Not Permitted Type 2
centers
s �`; 4I-
`tr «e'*
�
M
,
Bed and breakfast BP Type 1 Type 1
establishments
Standard restaurants BP Type 1 Type I
Retail establishments BP Type 2 Type 2
Grocery stores Not Permitted Type 1 Type 1
Personal and business BP Type 1 Type 1
service shops
Offices, financial services BP Type 1 Type 1
and clinics
Artisan,photography BP Type 1 Type 1
galleries and studios
Limited indoor recreation BP Type 1 Type 1
establishments
Fast food restaurants BP Type I Type 1
Gasoline stations Not Permitted Type 2 Type 2
Bars and taverns BP Type 2 Type 2
Night clubs BP Type 2 Type 2
Entertainment facilities BP Type 2 Type 1
and theaters
Child care centers Type 1 Type 1 Type 1
Clubs and lodges BP Type 1 Type 1
Funeral homes Not Permitted Type 2 Not Permitted
Lodging establishments Type 2 Type 2 Type 2
Health and membership BP Type 1 Type 1
clubs
17
Parking lots and garages Type 2 Type 2 Type 2
(as a principal use)
Veterinary facilities/small Not Permitted Type 2 Type 2
animal clinics
Supermarkets Not Permitted Type 2 Type 2
Open-air farmers markets Type 1 Type 1 Type 1
Large retail Type 2 Type 2 Type 2
establishments
Print shops Type 1 Type 1 Type 1
Dog day-care facilities Not Permitted Type 2 Type 2
e7 i, ,0.,� dip ,E BP
33
1��Maiew .a b q COWS;�
P ` a � s"r,6 ! ' a i �4
�=.^ € dab. WIVES
i
Workshops and small Not Permitted Type 1 Type 1
custom industry
Research laboratories Not Permitted Type 1 Type 1
an-
E� At� zwj
. . . W i&§. ` Ni a .. } eJ, .r
Accessory buildings BP BP BP
Accessory uses BP BP BP
Satellite dishes more than BP BP BP
thirty-nine(39)inches in
diameter
Wireless telecommuni- Type 1 Type 1 Type 1
cation equipment
Wireless Type 2 Type 2 Type 2
telecommunication
facilities
Drive-in facilities Not Permitted Type 2 Type 2
Section 40. That Section 4.13(13)(2)(c) of the Land Use Code of the City of
Fort Collins is hereby amended by adding a new subparagraph 11. to read as follows:
11. Food catering.
Section 41. That Section 4.14(13)(2)(c) of the Land Use Code of the City of
Fort Collins is hereby amended by adding a new subparagraph 23. to read as follows:
18
23. Food catering.
Section 42. That Section 4.15(B)(2)(c) of the Land Use Code of the city of Fort
Collins is hereby amended by adding a new subparagraph 20. to read as follows:
20. Food catering.
Section 43. That Section 4.16(B)(2)(c) of the Land Use Code of the City of
Fort Collins is hereby amended by adding a new subparagraph 17. to read as follows:
17. Food catering.
Section 44. That Section 4.17(B)(2)(c) of the Land Use Code of the City of
Fort Collins is hereby amended by adding a new subparagraph 26. to read as follows:
26. Food catering.
Section 45. That Section 4.17(B)(3)(b) of the Land Use Code of the City of
Fort Collins is hereby amended by adding a new subparagraph 11. to read as follows:
11. Entertainment facilities and theaters.
Section 46. That Section 4.18(B)(2)(c) of the Land Use Code of the City of
Fort Collins is hereby amended by adding a new subparagraph 35. to read as follows:
35. Food catering.
Section 47. That Section 4.19(B)(2)(c) of the Land Use Code of the City of
Fort Collins is hereby amended by adding a new subparagraph 20. to read as follows:
20. Food catering.
Section 48. That Section 4.20(B)(2)(c) of the Land Use Code of the City of
Fort Collins is hereby amended by adding new subparagraphs 10. and 11. to read as
follows:
10. Food catering.
11. Enclosed mini-storage facilities.
Sectiop 49. That Section 4.21(B)(2)(b) of the Land Use Code of the City of
Fort Collins is hereby amended by adding a new subparagraph 4. to read as follows:
4. Food catering.
19
Section 50. That Section 4.21(D) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(D) Land Use Standards
(1) Harmony Corridor Land Use Standards. All development in the H-C
Harmony Corridor District shall comply with the Harmony Corridor land
use and locational standards as adopted by the city and the following
specific standards to the extent that such standards apply to the property
proposed to be developed.
(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. 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.
(a) Community facilities.
(b) Public facilities.
(c) Child care centers.
(d) Print shops.
(e) Food catering.
M Workshops and custom small industry uses.
(g) Residential uses.
(h) Lodging establishments.
(i) Convenience shopping centers.
0) Standard restaurants.
(k) Bed and breakfast establishments.
(1) Clubs and lodges.
(m) Health and membership clubs.
(n) Convention and conference centers.
20
(3) Dimensional standards.
(a) Maximum building height for all nonresidential uses shall be six
(6) stories. Maximum building height for residential uses shall be
three (3) stories.
(b) All new structures greater than eighty thousand (80,000) square
feet in gross leasable area shall be subject to Planning and Zoning
Board review.
(c) Any building addition that exceeds eighty thousand (80,000)
square feet in gross leasable area and exceeds twenty-five (25)
percent of the gross leasable area of the existing building shall be
subject to Planning and Zoning Board review.
(4) Density/Intensity. All residential development in the H-C Harmony
Corridor District shall have an overall minimum average density of seven
(7) dwelling units per net acre of residential land.
(5) Mix of Housing Types. A mix of permitted housing types shall be
included in any development plan proposing residential uses as secondary
uses. The following standards are intended to promote a variety of
housing within such a development plan:
(a) A minimum of two (2) housing types shall be required on any
residential portion of a development plan greater than ten (10)
acres but less than thirty (30) acres in size, including parcels which
are part of a phased development. A minimum of three (3) housing
types shall be required on any residential portion of a development
plan greater than thirty (30) acres in size, including parcels which
are part of a phased development.
(b) If single-family detached housing is proposed, at least an
equivalent number of single-family attached housing, two-family
dwellings, or multi-family dwelling units (or combination thereof)
must also be provided.
(c) Lot sizes and dimensions shall be varied for different housing
types to avoid monotonous streetscapes.
(d) Lot pattern. The lot size and layout pattern shall be designed to
allow buildings to face toward a street.
21
(6) Access to a park, central feature or gathering place. Within any
development proposal that contains a residential component larger than ten
(10) acres in size, at least ninety (90) percent of the dwellings shall be
located within one thousand three hundred twenty (1,320) feet (one-
quarter [1/4] mile) of either a neighborhood park, a privately owned park
or a central feature or gathering place that is located either within the
project or within adjacent development, which distance shall be measured
along street frontage without crossing an arterial street. Such parks,
central features or gathering places shall contain one (1) or more of the
following uses:
(a) Public parks, recreation areas or other open lands.
(b) Privately owned parks, meeting the following criteria:
1. Size. Such private parks must be a minimum of ten
thousand (10,000) square feet.
2. Location. Such parks must 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.
3. Accessibility. All parts of such parks shall be safely and
easily accessible by pedestrians, and open to the public.
4. 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 utilize.
5. 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.
6. 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.
(c) Community facilities or neighborhood support/recreation facilities
(which are permitted as an accessory use to housing). If one (1) of
2z
these buildings or structures is used to meet the requirements of
this subsection, then it must also include a year-round, publicly
accessible, outdoor space of at least ten thousand (10,000) square
feet in a usable configuration. Such a space may be a park-like
lawn, garden, plaza, pavilion or courtyard to accommodate such
activities or outdoor gatherings, neighborhood events, picnicking,
sitting or active and/or passive recreation.
(7) Access to Neighborhood Center. At least ninety (90) percent of the
dwellings of a residential development proposal shall be located within
three thousand nine hundred sixty (3,960) feet (three-quarter [3/4] mile) of
either a neighborhood center pursuant to the requirements of Division 4.4
(D)(3)(c) that is located within the project or within adjacent development,
or an existing or planned Neighborhood Commercial District commercial
project, which distance shall be measured along street frontage without
crossing an arterial street.
Section 51. That Section 4.21(E)(1) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(1) Harmony Corridor Development Standards. All development in the H-C
Harmony Corridor District shall comply with the Harmony Corridor
design standards as adopted by the city and the following specific
standards to the extent that such standards apply to the property proposed
for development.
Section 52. That Section 4.22(13)(2)(b) of the Land Use Code of the City of
Fort Collins is hereby amended by adding a new subparagraph 10. to read as follows:
10. Food catering.
Section 53. That Section 4.22(D) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(D) Land Use Standards.
(1) Prospect Road Streetscape Program. All development in
this zone district that is located within the planning area for
the Prospect Road Streetscape Program shall also comply
with the Prospect Road Streetscape Standards as adopted
by the city, to the extent that such Standards apply to the
property proposed to be developed.
(2) Secondary Uses. All secondary uses shall be integrated
both in function and appearance into a larger employment
23
district development plan that emphasizes primary uses.
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.
(a) Veterinary facilities and small animal clinics.
(b) Clubs and lodges.
(c) Child care centers.
(d) Residential uses.
(e) Standard restaurants.
(f) Lodging establishments.
(g) Bed and breakfast establishments.
(h) Funeral homes.
(i) Health and membership clubs.
0) Convenience shopping centers.
(k) Convention and conference center.
(1) Food catering.
(m) Public facilities.
(n) Community facilities.
(o) Bars and taverns.
(p) Plant nurseries and greenhouses.
(q) Dog day-care facilities.
(r) Print shops.
(s) Workshops and custom small industry uses.
(t) Artisan and photography studios and galleries.
24
(3) Locational Standards within the Mountain Vista Subarea.
Within the Mountain Vista Subarea, any secondary uses
shall be located at least one thousand three hundred twenty
(1,320) feet (one-quarter [1/4] mile) from the centerline of
Interstate Highway 25. Such secondary uses shall be
located so that they have direct access from a collector or
local street.
(4) Dimensional Standards.
(a) Maximum building height for all nonresidential
uses shall be four (4) stories. Maximum building
height for residential uses shall be three (3) stories.
(b) All new structures greater than fifty thousand
(50,000) square feet in gross leasable area shall be
subject to Planning and Zoning Board review.
(c) Any building addition that exceeds fifty thousand
(50,000) square feet in gross leasable area and
exceeds twenty-five (25) percent of the gross
leasable area of the existing building shall be
subject to Planning and Zoning Board review.
(5) Density/Intensity. All residential development in the E
Employment District shall have an overall minimum
average density of seven (7) dwelling units per net acre of
residential land.
(6) Mix of Housing Types_ A mix of permitted housing types
shall be included in any development plan proposing
residential uses as secondary uses. The following standards
are intended to promote a variety of housing within such a
development plan:
(a) A minimum of two (2) housing types shall be
required on any residential portion of a development
plan greater than tcn 00) acres but less than thirty
(30) acres in size, including parcels which are part
of a phased development. A minimum of three (3)
housing types shall be required on any residential
portion of a development plan greater than thirty
25
(30) acres in size, including parcels which are part
of a phased development.
(b) If single-family detached housing is proposed, at
least an equivalent number of single-family attached
housing, two-family dwellings, or multi-family
dwelling units (or combination thereof) must also
be provided.
(c) Lot sizes and dimensions shall be varied for
different housing types to avoid monotonous
streetscapes.
(d) Lot pattern. The lot size and layout pattern shall be
designed to allow buildings to face toward a street.
(7) Access to a park, central feature or gathering place.
Within any development proposal that contains a residential
component larger than ten (10) acres in size, at least ninety
(90) percent of the dwellings of a residential development
proposal shall be located within one thousand three
hundred twenty (1,320) feet (one-quarter [1/4] mile) of
either a neighborhood park, a privately owned park or a
central feature or gathering place that is located either
within the project or within adjacent development, which
distance shall be measured along street frontage without
crossing an arterial street. Such parks, central features or
gathering places shall contain one (1) or more of the
following uses:
(a) Public parks, recreation areas or other open lands.
(b) Privately owned parks, meeting the following to the
criteria:
1. Size. Such private parks must be a
minimum of ten thousand (10,000) square
feet.
2. Location. Such parks must 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
26
two (2) sides or more than fifty (50) percent
of the perimeter frontage of the park.
3. Accessibility. All parts of such parks shall
be safely and easily accessible by
pedestrians, and open to the public.
4. 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
utilize.
5. 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.
6. 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) Community facilities or neighborhood
support/recreation facilities (which are permitted as
an accessory use to housing). If one (1) of these
buildings or structures is used to meet the
requirements of this subsection, then it must also
include a year-round, publicly accessible, outdoor
space of at least ten thousand (10,000) square feet in
a usable configuration. Such a space may be a park-
like lawn, garden, plaza, pavilion or courtyard to
accommodate such activities or outdoor gatherings,
neighborhood events, picnicking, sitting or active
and/or passive recreation.
(7) Access to Neighborhood Center. At least ninety (90)
percent of the dwellings of a residential development
proposal shall be located within three thousand nine
hundred sixty (3,960) feet (three-quarter [3/4] mile) of
either a neighborhood center pursuant to the requirements
27
of Division 4.4 (D)(3)(c) that is located within the project
or within adjacent development, or an existing or planned
Neighborhood Commercial District commercial project,
which distance shall be measured along street frontage
without crossing an arterial street.
Section 54. That Section 4.23(B)(2)(b) of the Land Use Code of the City of
Fort Collins is hereby amended by adding a new subparagraph 20. to read as follows:
20. Food catering.
Section 55. That Section 4.23(E)(3)(a)2. of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
2. A minimum thirty-foot deep landscaped
yard shall be provided along all arterial
streets, and along any district boundary line
that does not adjoin a residential land use. If
a district boundary line abuts upon or is
within a street right-of-way, then the
required landscaped yard shall commence at
the street right-of-way line on the district
side of the street, rather than at the district
boundary line. This requirement shall not
apply to development plans that comply
with the standards contained in Section
3.5.3.
Section 56. That Section 5.1.2 of the Land Use Code of the City of Fort
Collins is hereby amended by adding a new definition "Food catering" to read as
follows:
Food catering shall mean an establishment in which the principal use is the
preparation of food and meals on the premises, and where such food and meals are
delivered to another location for consumption.
Section 57. That Section 5.1.2 of the Land Use Code of the City of Fort
Collins is hereby amended by adding a new definition "Fully shielded" to read as
follows:
Fully shielded shall mean shielded or constructed so that no light rays are emitted
by the installed outdoor light fixtures at angles above the horizontal plane, as
certified by a photometric test report.
28
Section 58. That the definition of"Kennel' in Section 5.1.2 of the Land Use
Code of the City of Fort Collins is hereby amended to read as follows:
Kennel shall mean a facility where the overnight boarding of dogs, cats or other
household pets is conducted as a business.
Section 59. That the definition of"Large retail establishment' in Section 5.1.2
of the Land Use Code of the City of Fort Collins is hereby amended to read as follows:
Large retail establishment shall mean a retail establishment, or any combination
of retail establishments in a single building, or a movie theater or an indoor
recreational use, 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.
Section 60. That that definition "Nonconforming use" in Section 5.1.2 of the
Land Use Code of the City of Fort Collins is hereby amended to read as follows:
Nonconforming use shall mean either 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, or with respect to lands newly annexed, a use
which was lawful immediately before annexation but which does not conform to
the use regulations for the zone district in which such use is located either at the
time of annexation or as the result of subsequent amendments to this Land Use
Code.
Section 61. That Section 5.1.2 of the Land Use Code of the City of Fort
Collins is hereby amended by adding a new definition "Reverse vending machine" to read
as follows:
Reverse vending machine shall mean an automated mechanical device that accepts
one or more types of empty beverage containers, including but not limited to
aluminum cans, glass or plastic bottles; and which issues a cash refund or a
redeemable credit. A reverse vending machine may be designed to accept more
than one (1) container at a time, paying by weight instead of by container.
Section 62. That the definition of "Vehicle sales and leasing for farm
equipment, mobile homes, recreational vehicles, large trucks and boats with outdoor
storage" in Section 5.1.2 of the Land Use Code of the City of Fort Collins is hereby
amended to read as follows:
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, farm equipment, mobile homes, recreational vehicles,
29
boats and watercraft, and may include the outside storage of inventory, any
warranty repair work or other repair service conducted as an accessory use.
Introduced and considered favorably on first reading and ordered published in
summary form this 2nd day of November, A.D. 1999, and to be presented for final
passage on the 16th day of November, A.D. 1999.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 16th day of November, A.D. 1999.
Mayor
ATTEST:
4�'L
City Clerk
30