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HomeMy WebLinkAbout034 - 03/03/1981 - AMENDING CHAPTER 118 OF THE CITY CODE AS IT RELATES TO DEFINITIONS, PERMITTED USES, AND PLANNED DEVE ORDINANCE NO 34 1981 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 118 OF THE CODE OF THE CITY OF FORT COLLINS AS IT RELATES TO DEFINITIONS, PERMITTED USES, AND PLANNED UNIT DEVELOPMENTS WHEREAS, City staff has caused to be prepared a Land Development Guidance System for Planned Unit Developments, and WHEREAS, the Council of the City of Fort Collins has favorably re- viewed said system, and WHEREAS, in order to administer said new system, it will be necessary to amend certain sections of Chapter 118 of the Code of the City of Fort Collins NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS Section 1 That Section 118-11 (Definitions) be, and it hereby is, amended by the addition of definitions to read as follows RECREATIONAL SPACE - Privately owned space which is designed for active recreational use for more than three families and would qualify as one of the follow- ing categories A Active Open Space (1) A parcel of not less than 10,000 square feet and not less than 50 linear feet in the smallest dimension (2) Public dedications may not contribute to the active open space area (3) Partial credit may be given to active open space areas which are devoted to improved flood control channels and areas encumbered by flowage, floodway or drainage easements B Active Indoor Space i (1) Recreational facilities or structures aqd their accessory uses located in approved areas, including, but not limited to, game rooms, swimming pools, gymnasiums, bowling alleys, exercise rooms, and tennis and racquet- ball courts (2) Residents of the project for which the facil- ity is planned must be automatically members without additional charge COMMUNITY FACILITY - A publicly owned building which provides for the recreational , educational , cultural or entertainment needs of the community as a whole COMMUNITY PARK - A city owned park of not less than 30 acres which serves the recreational and open space needs of the community as a whole EXISTING DEVELOPMENT - Any subdivision in the City which has been approved and recorded once all engineer- ing improvements (water, sewer, streets, curbs, gut- ters, street lights, fire hydrants, and storm drainage) are installed and completed MAJOR EMPLOYMENT CENTER - An area which is the location of one or more non-residential uses which employ or will employ a combined total of more than fifty (50) full time empoyees during a single 8-hour shift NEIGHBORHOOD PARK - A park of not less than 6 acres and no more than 30 acres which serves the recreational and open space needs of residents of surrounding neighborhoods "NORTH" FORT COLLINS - That area within the Fort Collins municipal boundaries which lies north of Laurel Street extended and east of Overland Trail "SOUTH COLLEGE AVENUE CORRIDOR" - That area within the Fort Collins municipal boundaries and Urban Growth Area which lies east of the Colorado and Southern Railroad tracks, south of Laurel Street, and west of a line 1000 feet east and parallel to the centerline of College Avenue ADULT AMUSEMENT OR ENTERTAINMENT - Amusement or enter- tainment which is distinguished or characterizes by an emphasis on material depicting, describing, or relating to specified sexual activities or specified anatomical areas, or which features topless dancers, exotic dancers, strippers, male or female impersonators, or similar entertainment -2- BOOK STORE , ADULT - An establishment having as a substantial or significant portion of its stock in trade books, magazines, and other periodicals and goods and items held for sale which are distinguishea or characterized by their emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas, or an establishment with a segment or sections devoted to the sale or display of such material 1 ,0 _r PHOTO STUDY, ADULT - An establishment which, upon payment of a fee, provides photographic equipment and/or models for the purpose of photographing speci- fied anatomical areas SPECIFIED ANATOMICAL AREAS - Less than completely and opaquely covered human genitals, pubic region, but- tocks, female breasts, below a point above the top of the areola, and human male genitals in a discernably turgid state, even if completely and opaquely covered SPECIFIED SEXUAL ACTIVITIES (1) Human genitals in a state of sexual stimulation (2) Acts of human masterbation, sexual intercourse, or sodomy (3) Fondling, or other erotic touching of human genitals, pubic region, buttocks, or female breasts THEATRE, ADULT - A theatre used for the presentation of material distinguished or characterized by an emphasis on material depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein AIR CONTAMINANT - Any fume, smoke, particulate matter, vapor, gas or any combination thereof, but not includ- ing water vapor or steam condensation AIR CONTAMINATION SOURCE - Any source whatsoever at, from, or by reason of which there is emitted or dis- charged into the atmosphere any air contaminant FUGITIVE DUST - Solid airborne particulate matter emitted from any source other than an opening which -3- channels the flow or air contaminants and then exhausts the contaminants directly into the atmosphere "Fugi- tive Dust" also includes solid particles released into the atmosphere by natural forces or by mechanical processes, such as crushing, grinding, milling, drill- ing, demolishing, shoveling, conveying, covering, bagging, sweeping, etc OPACITY - The degree to which air contaminant emission obscures the view of an observor, expressed in percen- tage of the obscuration, or the degree (percent) to which transmitants of light are reduced by an air contaminant emission Section 2 That Section 118-40(A) (R-E, Estate Residential District - Uses Permitted), be and it hereby is, amended by the addition thereto of the following use (7) Any use located on a planned unit development plan as defined, processed and approved according to Section 118-83 of this Chapter Section 3 That Section 118-40(G) (R-E, Estate Residential District - Unit Developments) be, and it hereby is, amended to read as follows (G) Planned Unit Developments Areas which are located on a planned unit development plan as defined, processed and approved according to Section 118-83 of this Chapter may vary the requirements of this Section Section 4 That Section 118-41(A) (R-L, Low Density Residential District - Uses Permitted) be, and it hereby is, amended by the addition thereto of the following use (7) Any land use located on a planned unit develop- ment plan as defined, processed and approved according to Section 118-83 of this Chapter Section 5 That Section 118-41(G) (R-L, Low Density Residential District - Unit Developments) be, and it hereby is, amended to read as follows (G) Planned Unit Developments Areas which are located on a planned unit development plan as defined, processed and approved according to Section 118-83 of this Chapter, may vary the requirements of this Section -4- Section 6 That Section 118-41 1 (R-L-P, Low Density Planned Resi- dential District) be, and it hereby is, amended to read as follows §118-41 1 R-L-P , Low Density Planned Residential District This district designation is for areas planned as a unit to provide variation in use, density, and build- ing placement (A) Uses Permitted (1) Any use permitted in the R-L, Low Density Residential District, subject to any use requirement specified for said district (2) Any land use located on a planned unit development plan as defined, processed and approved according to Section 118-83 of this Chapter (8) Minimum area of lot, minimum width of lot, minimum front yard, minimum rear yard, and minimum side yard Minimum area and width requirements shall be the same as specified for the R-L, Low Density Residential District (C) Planned Unit Developments Areas which are located on a planned unit development plan as defined, processed and approved according to Section 118-83 of this Chapter, may vary the requirements of this Section Section 7 That Section 118-42(A) (R-L-M, Low Density Multiple Family District - Uses Permitted) be, and it hereby is, amended by the addition thereto of the following use (3) Any land use located on a planned unit develop- ment plan as defined, processed and approved according to Section 118-83 of this Chapter Section 8 That Section 118-42(G) (R-L-M, Lori Density Multiple Family District - Unit Developments) be, and it hereby is, amended to read as follows (G) Planned Unit Developments Areas which are located on a planned unit development plan as defined, processed and approved according to -5- Section 118-83 of this Chapter, may vary the requirements of this Section Section 9 That Section 118-43(A) (R-M, Medium Density Residential - Uses Permitted) be, and it hereby is, amended by the addition thereto of a use to read as follows (10) Any land use located on a planned unit development plan as defined, processed, and approved according to Section 118-83 of this Chapter Section 10 That Section 118-43(G) (R-M, Medium Density Residential District - Unit Developments) be, and it hereby is, amended to read as follows (G) Planned Unit Developments Areas which are located on a planned unit development plan as defined, processed and approved according to Section 118-83 of this Chapter, may vary the requirements of this Section Section 11 That Section 118-44(A) (R-H, Density Residential District - Uses Permitted) be, and it hereby is, amended by the addition thereto of a use to read as follows (22) Any land use located on a planned unit develop- ment plan as defined, processed and approved according to Section 118-83 of this Chapter Section 12 That Section 118-44(G) (R-H, Density Residential District - Unit Developments) be, and it hereby is, amended to read as follows (G) Planned Unit Developments Areas which are located on a planned unit development plan as defined, processed and approved according to Section 118-83 of this Chapter, may vary the requirements of this Section Section 13 That Section 118-44(H) (1) (R-H, Density Residential District - Landscape Requirements) be, and it hereby is, amended by delet- ing therefrom the words and numbers subparts [1] through [9], inclusive of Section 118-83 (F) (3)" and by substituting therefor the words and numbers "Section 118-83(G)(4)(b)" Section 14 That Section 118-44(I) (R-H, Density Residential District - Conversions from Residential to Nonresidential Uses) be, and it hereby is, amended by deleting therefrom the words and numbers "§118-44(A) [9] through [17]" and by substituting therefor the words and numbers "§118-44 (A) [9] through [17] and [22]" -6- Section 15 That Section 118-45 (R-P, Planned Residential District be, and it hereby is, amended to read as follows §118-45 R-P, Planned Residential District This district designation is for areas planned as a unit to provide a variation in use and building place- ment (A) Uses Permitted (1) Any use permitted in the R-L, Low Density Residential District subject to all use re- quirements specified for the R-L District (2) Any land use located on a planned unit de- velopment plan as defined, processed and approved according to Section 118-83 of this Chapter (B) Minimum area of lot, minimum width of lot, minimum front yard, minimum rear yard, and minimum side yard Minimum area and width requirements, except where specified below, shall be the same as specified for the R-L, Low Density Residential District (C) Planned Unit Developments Areas which are located on a unit development plan as defined, processed and approved according to Section 118-83 of this Chapter, may vary the requirements of this Section Section 16 That Section 118-46 (R-M-P, Medium Density Planned Residential District) be, and it hereby is, amended to read as follows §118-46 R-M-P, Medium Density Planned Residential This district designation is for medium density areas planned as a unit to provide a variation in use and building placements (A) Uses Permitted (1) Any use permitted in the R-L, Low Density Residential District, subject to all use requirements set forth for the R-L, Low Density Residential District -7- (2) Any land use located on a planned unit de- velopment plan as defined, processed and approved according to Section 118-83 of this Chapter (B) Minimum area of lot, minimum width of lot, minimum front yard, minimum rear yard, and minimum side yard Minimum area and width requirements, except where specified below, shall be the same as specified for the R-L, Low Density Residential District (C) Planned Unit Developments Areas which are located on a planned unit development plan de- fined, processed and approved according to Section 118-83 of this Chapter, may vary the requirements of this Section Section 17 That Section 118-50(A) (M-L, Low Density Mobile Home District - Uses Permitted) be, and it hereby is, amended by the addition thereto of a use to read as follows (3) Any land use located on a planned unit development plan as defined, processed and approved according to Section 118-83 of this Chapter Section 18 That Section 118-50(D)(1) (M-L, Low Density Mobile Home District - Minimum Yards) be, and it hereby is, amended to read as follows (1) The minimum distance of any building or mobile home from an exterior lot line of the mobile home park shall be thirty (30) feet In addi- tion, the minimum distance of any building or mobile home in a mobile home park from an public dedicated street shall be twenty (20� feet Section 19 That Section 118-51(A) (M-M, Medium Density Mobile Home District - Uses Permitted) be, and it hereby is, amended by the addition thereto of a use to read as follows (5) Any land use located on a planned unit development plan as defined, processed and approved according to Section 118-83 of this Chapter Section 20 That Section 118-51(D) (1) (M-M, Medium Density Mobile Home District - Minimum Yards) be, and it hereby is, amended to read as follows -8- (1) The minimum distance of any building or mobile home from any exterior lot line of the mobile home park shall be thirty (30) feet In addition, the minimum distance of any building or mobile home in a mobile home park from any public dedi- cated street shall be twenty (20) feet Section 21 That Section 118-60 (B-P, Planned Business District) be, and it hereby is, amended to read as follows §118-60 B-P, Planned Business District This district designation is for areas planned as a unit to provide business services while still protect- ing surrounding residential areas (A) Uses Permitted (1) Any use permitted in the R-M, Medium Density Residential District (2) Any land use located on a planned unit de- velopment plan as defined, processed and approved according to Section 118-83 of this Chapter (B) Minimum area of lot, minimum width of lot, minimum front yard, minimum rear yard, and minimum side yard Minimum area and width requirements shall be the same as specified for the R-M, Medium Density Residential District (C) Planned Unit Developments Areas which are located on a planned unit development plan as defined, processed and approved according to Section 118-83 of this Chapter, may vary the requirements of this Section Section 22 That Section 118-61(A) (B-L, Limited Business District - Uses Permitted) be, and it hereby is, amended by the addition thereto of a use to read as follows (16) Any land use located on a planned unit development plan as defined, processed and approved according to Section 118-83 of this Chapter Section 23 That Section 118-61(E) (1) (B-L, Limited Business District - Landscape Requirements) be, and it hereby is, amended by deleting there- -9- I from the words and numbers "Section 118-83(F) (3) (b) [1] through [9]" and substituting therefor the words and numbers "Section 118-83(G)(4) (b)" Section 24 That Section 118-61 (B-L, Limited Business District) be, and it hereby is, amended by the addition thereto of a new subsection to read as follows (F) Planned Unit Developments Areas which are located on a planned unit development plan as defined, processed and approved according to Section 118-83 of this Chapter, may vary the requirements of this Section Section 25 That Section 118-62 (H-B, Highway Business District) be, and it hereby is, amended to read as follows §118-62 H-B, Highway Business District This district designation is for automobile-oriented businesses (A) Uses Permitted The following uses shall be , permitted in the P-B, Highway Business District, provided that any use permitted in this district shall be separated from abutting residential zoning districts by a fence or a hedge at least six (6) feet in height which effectively screens the view on a year round basis, and all uses shall provide adequate fencing to control blowing debris (1) Any uses permitted in the R-M, Medium Density Residential District, provided that any such use complies with all of the use requirements of such district, except that the minimum area of lot provision of this district shall be applicable (2) Public utility installations, excluding repair and storage facilities (3) Any use permitted in the B-L, Limited Busi- ness Zone, not located in a shopping center, subject to the following requirements (a) The yard and parking requirements of the B-L, Limited Business District, shall be applicable -10- (b) The landscape requirements of the B-L, Limited Business District, shall be applicable (4) Accessory buildings and uses (5) Any land use located on a planned unit de- velopment plan as defined, processed and approved according to Section 118-83 of this Chapter (B) Minimum area of lot Minimum lot area shall be the equivalent of one-half of the total floor area of the building (C) Minimum width of lot Minimum lot width shall be seventy-five (75) feet (D) Minimum yard Minimum yard depth shall be fifteen (15) feet from streets and alleys (E) Planneo Unit Developments Areas which are located on a planned unit development plan as defined, processed and approved according to Section 118-83 of this Chapter, may vary the requirements of this Section Section 26 That Section 118-63(A) (B-G, General Business District - Uses Permitted) be, and it hereby is, amended by the addition thereto of a use to read as follows (24) Any land use located on a planned unit develop- ment plan as defined, processed and approved according to Section 118-83 of this Chapter Section 27 That Section 118-63 (B-G, General Business District) be, and it hereby is, amended by the addition thereto of a new subsection to read as follows (C) Planned Unit Developments Areas which are located on a planned unit development plan as defined, processed and approved according to Section 118-83 of this Chapter, may vary the requirements of this Section Section 28 That Section 118-70(A) (C, Commercial District - Uses Permitted) be, and it hereby is, amended by the addition thereto of a use to read as follows -11- (31) Any land use located on a planned unit development plan as defined, processed and approved according to Section 118-83 of this Chapter Section 29 That Section 118-71(A) (I-L, Limited Industrial District - Uses Permitted) be amended by the addition thereto of a use to read as follows (4) Any land use located on a planned unit develop- ment plan as defined, processed and approved according to Section 118-83 of this Chapter Section 30 That Section 118-71(B) (4) ( I-L, Limited Industrial District - Performance Standards - Smoke Emissions) be, and it hereby is amended by deleting therefrom subsection (C) Section 31 That Section 118-71(C) (I-L, Limited Industrial District - Unit Developments) be, and it hereby is, amended to read as follows (C) Planned Unit Developments Areas which are located on a planned unit development plan as defined, processed, and approved according to Section 118-83 of this Chapter, may vary the requirements of this Section Section 32 That Section 118-72 ( I-G, General Industrial District) be, and it hereby is, amended to read as follows §118-72 I-G General Industrial District This designation is for major industrial areas (A) Uses permitted (1) Any business, commercial , industrial or manufacturing use (2) Any land use located on a planned unit de- velopment plan as defined, processed and approved according to Section 118-83 of this Chapter (B) Performance standards Every use permitted in the I-G, General Industrial District, shall conform to the performance standards required for the I-L, Limited Industrial District as set forth in Section 118-71 B -12- (C) Planned Unit Developments Areas which are located on a planned unit development plan as defined, processed and approved according to Section 118-83 of this Chapter, may vary the requirements of this Section Section 33 That Section 118-73(8) (I-P, Industrial Park District - Limitations on Use) be, and it hereby is, amended by deleting therefrom the words "unless the property is developed and used in accordance with the unit development plan defined, processed and approved in accordance with the provisions of 118-83 of this Chapter" Section 34 That Section 118-73(B) (I-P, Industrial Park District - Limitations on Use) be, and it hereby is, further amended by the addition thereto of a new subsection to read as follows (5) Planned Unit Developments Areas which are located on a planned unit development plan as defined , processed and approved according to Section 118-83 of this Chapter, may vary the requirements of this Section Section 35 That Section 118-81(E) (Accessory Buildings and Uses - Off Street Loading Areas) be, and it hereby is, amended by deleting there- from the words and letters "in the B-P, B-L, B-G, H-B, C, I-L, and I-G districts" , and by substituting therefor, the words "for all business, commercial , industrial , and manufacturing uses," Section 36 That the title of Section 118-91 (Limitations in R-E, R-L, R-M, and R-P Districts) be, and it hereby is amended to read as follows §118-91 Limitations for Residential Districts and Uses Section 37 That the introductory clause of Section 118-91 (Limita- tions in R-E, R-L, R-M, and R-P Districts) be, and it hereby is amended to read as follows Signs in the R-E, R-L, R-M and R-P Districts, or for any residential use subject to being shown on a planned unit development plan defined, processed, and approved in accordance with Section 118-83 of this Chapter may include and shall be limited to the folloding Section 38 That the title of Section 118-92 (Limitations in R-H, M-M Districts) be, and it hereby is amended to read as follows §118-92 Limitations in R-H, M-L, and A-M Districts -13- ' Section 39 That the title of Section 118-93 (Limitations in Busi- ness, Commercial and Industrial Districts) be, and it hereby ,s amended to read as follows §118-93 Limitations for Non-Residential Districts and Uses Section 40 That the introductory clause of Section 118-93 (Limita- tions in Business, Commercial and Industrial Districts) be, and ,t hereby is amended to read as follows Signs in the B-P, B-L, B-G, H-B, C, I-L, I-G, and I-P Districts, or any business, commercial and industrial use subject to being shown on a planned unit develop- ment plan as defined, processed, and approved in accordance with Section 118-83 of this Chapter may include and shall be limited to the following Section 41 That Section 118-80 (Changes to Lists of Permitted Uses) be, and it hereby is, amended by the addition thereto of a new subsection to read as follows (C) The provisions of this Section shall not apply to any land use located on a planned unit development plan as defined, processed and approved according to Section 118-83 of this Chapter Introduced, considered favorably on first reading, and ordered pub- lished this 17th day of Februaary_, A 0 1981, and to be resented for final passage on the 3rd any of t4ar A D 1981 4 or ATTEST City Clerk Passed and adopted on final readin this 3rd_ day of ��_ , A D 1981 �I i I I� _ Mayor`/ ATTEST City Clerk -14-