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HomeMy WebLinkAbout158 - 11/06/2001 - AMENDING CITY CODE PERTAINING TO ENCROACHMENTS ORDINANCE NO. 158, 2001 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTIONS 23-82 AND SECTIONS 23-83 OF THE CODE OF THE CITY PERTAINING TO ENCROACHMENTS WHEREAS, the Council has determined that certain of the requirements contained in Sections 23-82 and 23-83 of the Code of the City of Fort Collins pertaining to the consent of adjoining fee owners should apply only to encroachments for the purpose of serving food and/or beverages for consumption within the encroachment area; and WHEREAS, the Council has further determined that these Code provisions should be clarified for the purpose of providing the City Manager with criteria for investigating applications for encroachments for wireless telecommunication, and for the purpose of safeguarding First Amendment protected speech. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Sections 23-82 and 23-83 of the Code of the City of Fort Collins be and hereby are amended to read as follows: Sec. 23-82. Contents of application. (a) The application for a permit shall contain the following: (1) The applicant's name, address and telephone number; (2) The location of the proposed encroachment, obstruction or structure; (3) The type of encroachment, obstruction or other structure; (4) The purpose of the proposed encroachment, obstruction or other structure; (5) A statement that the applicant agrees to abide by the provisions of this Division. (6) A description of the proposed encroachment sufficient to fully inform the City Manager of the character and physical attributes of the encroachment as necessary for the City Manager to perform a complete and competent investigation of the application under the criteria contained in § 23-83(a). (7) The anticipated duration (term) of the proposed encroachment. (b) If the proposed encroachment is for the purpose of serving food and/or beverages for consumption within the encroachment area as an extension,accessory or complement to an adjoining business, the application shall also contain: (1) evidence of the applicant's ability and willingness to provide liability insurance insuring the city in a sum not less than one million dollars ($1,000,000.), proof of which insurance shall be provided to the city prior to issuance of the permit; and(2) a statement that the applicant is the fee owner of the real property directly adjoining the public property upon which the encroachment is sought,or,if the applicant is not the fee owner of such real property, then the adjoining property owner's written consent to the encroachment. Sec.23-83. Investigation of application information;fee;permit modification and revocation. (a) The application shall be made to the City Manager. The City Manager shall make or cause to be made an investigation of the information contained in the application and prior to the issuance of a permit. In order for an application for an encroachment for the purpose of serving food and/or beverages as referenced in Subsection 23-82(b) to be approved, the applicant for the proposed encroachment, obstruction or other structure must be the fee owner of the real property directly adjoining the public property upon which the encroachment is sought,or must have obtained and submitted with the application the written consent of such fee owner. In order for an application for an encroachment for wireless telecommunication equipment or facilities(as those terms are defined in Article 5 of the Land Use Code) to be approved,the applicant must show to the satisfaction of the City Manager that the applicable criteria contained in Section 3.8.13 of the Land Use Code have been met. Additionally,the proposed encroachment, obstruction or other structure shall not,in the judgment of the City Manager,constitute a nuisance or destroy or impair the use of the right-of-way by the public or constitute a traffic hazard. No permit shall be issued unless the City Manager determines that the foregoing criteria have been met. In investigating the application,the City Manager may consult with such city departments as he or she deems necessary to determine whether the application should be approved. If the City Manager determines that the public sidewalk,right- of-way or other public ground proposed for the encroachment permit is not needed for use by the public and that all submittal requirements of the application are complete, the City Manager may issue the permit for such duration and upon such other terms and conditions as the City Manager determines are necessary to protect the public welfare. As a condition of the issuance of any permit for the purpose of serving food and/or beverages, as referenced in Subsection 23-82(b), the permittee shall annually provide to the City Manager proof of uninterrupted liability insurance coverage in the amount required in said subsection, naming the city as an insured ply. (b) Modification of a permit shall be required of the applicant if there is any change in the size or configuration of the area that is the subject of the permit and/or any change to any structure that was required or specifically authorized by the city upon the issuance of the permit. (c) At the time of issuance of a permit hereunder, and at the time of any modification of such permit, the applicant shall pay a fee to help defray the costs incurred by the city in processing and administering the permit including, without limitation,the cost of inspecting the premises that are the subject of the application. The amount of said fee shall generally be determined by the City Manager,pursuant to the provisions of Article I of Chapter 7.5; provided however, that the amount of the fee for encroachments for newsracks or other constitutionally protected speech shall be fixed at ten dollars ($10) per year. (d) Encroachment permits issued pursuant to this Division are authorized under Article XI, Section 10 of the Charter. Accordingly, any such permit shall be revocable at the pleasure of the City Council or the City Manager, whether or not such right to revoke is expressly reserved in such permit. The applicant shall not be entitled to the refund of any fee upon such revocation. (e) If the encroachment is for newsracks or other constitutionally protected speech,the City Manager's decision whether to issue or deny issuance of the permit shall be made within fifteen(15)days following the date that a complete application was submitted to the city. Introduced and considered favorably on first reading and ordered published this 16th day of October, A.D. 2001, and to be presented for final passage on the 6th da_y of November,A.D. 2001. Mayor ATTEST: City Clerk Passed and adopted on final reading this 6th day of November,A.D. 2001. rr Mdyor -� TTEST: City Clerk