HomeMy WebLinkAbout072 - 11/21/1978 - AMENDING CHAPTER 118 OF THE CITY CODE RELATING TO INDUSTRIAL ZONES AND SETTING FORTH CERTAIN PACKING ORDINANCE NO 72 , 1978
BEING AN ORDINANCE AMENDING CHAPTER 118
OF THE CODE OF THE CITY OF FORT COLLINS
BEING A PART OF THE ZONING ORDINANCE RELATING
TO INDUSTRIAL ZONES AND SETTING FORTH
CERTAIN PARKING, LANDSCAPING AND PERFORMANCE
STANDARDS THEREFOR
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS
Section 1. That Section 118-71 of the Code of the City of
Fort Collins be, and the same hereby is, amended to read as follows
"§118-71 I-L Limited Industrial District
This district designation is primarily for light industrial
uses
A. Uses permitted.
1 Light industrial uses including such uses as the
manufacture of electronic instruments, preparation
of food products, pharmaceutical manufacturing,
research and scientific laboratories, and the like
Light industry shall not include uses such as
mining and extracting industries, petro-chemical
industries, rubber refining, primary metal, and
related industries
2 The following described commercial uses, provided
that uses (a) through (n) are a part of a unit
development plan as defined, processed and
approved according to 9118-83 of this chapter,
and provided further that uses (o) and (p) are
shown on a site plan submitted to and approved
by the Director of Planning and Development
(a) Automobile repair.
(b) Automobile sales
(c) Builders' supply yards and lumberyards
(d) Offices
(e) Parking lots and parking garages
(f) Personal service shops
(g) veterinarian hospitals
(h) Plumbing, electrical and carpenter shops
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(1) Printing and newspaper shops.
(j) Publishing plants
(k) Warehouses and enclosed storage
(1) Public utility installations
(m) Public and private vocational and technical
schools.
(n) Assembly, packaging or installation of
gauges, electric or electronic instruments
and similar equipment and devices with
enclosed component storage.
(o) Recreational uses including activities such
as billiard and pool parlors, dance studios,
marital arts schools, arts and crafts studios,
exercise and health clubs, bowling alleys,
tennis, basketball and swimming.
(p) Standard and fast-food restaurants.
3 Accessory buildings and uses, including related retail
sales uses, when incidental and subordinate to any
use permitted in this district
B Performance standards All uses allowed in the I-L
Limited Industrial District shall conform to the following
performance standards The purpose of such standards is
to permit potential industrial nuisances to be measured,
factually and objectively, to insure that all industries
will provide methods to protect the community from
hazards and nuisances which can be prevented by processes
of control and nuisance elimination; and to protect
industries from arbitrary exclusion or persecution based
solely on the nuisance production by any particular
type of industry in the past.
1. Glare and Beat. Any operation producing intense glare
or heat shall be conducted within an enclosed building
or with other_ effective screening in such a manner as
to make such glare or heat completely imperceptible
from any point along the property line
2 Vibration Industrial operations shall cause no
inherent and recurring generated vibration perceptible
without instruments at any point along the property
line (transportation facilities or temporary con-
struction are excluded from this restriction)
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3 Light. Exterior lighting, except for overhead
street lighting and warning, emergency or traffic
signals, shall be installed in such a manner that
the light source will be sufficiently obscured to
prevent glare on public streets and walkways or
into any residential area The installation or
erection of any lighting which may be confused
with warning signals, emergency signal, or
traffic signals shall be unlawful.
4. Smoke Emissions
a. No person sahll emit or cause to be emitted into
the atmosphere, from any air contamination source
of emission whatsoever, any air contaminant which
is of such a shade or density as to obscure an
observer' s vision to a degree in excess of twenty
percent (20%) opacity
b Exceptions:
1. No person shall emit or cause to be emitted
into the atmosphere from any pilot plant and
experimental operation any air contaminant
for a period or periods aggregating more than
three minutes in any 60 consecutive minutes
which is of such a shade or density at to
obscure an observer's vision to a degree in
excess of forty percent (40%) opacity This
emission standard for pilot plants and exper-
imental operations shall be in effect for a
period not to exceed one hundred eighty (180)
operating days, cumulative total, from the
date such operations commence; thereafter, the
twenty percent (20%) opacity limitation provided
in subsection a of this section shall apply to
emissions from pilot plants and experimental
operations.
2 Emissions from fireplaces used for non-commer=
cial or recreational purposes shall be exempt
from subsection a of this section.
3 Subsection a of this section shall not apply to
emissions during the building of a new fire,
cleaning of fires, soot blowing, start-up, any
process modification or adjustment, or occasional
cleaning of control equipment, the shade or
appearance of which is not darker than an equiv-
alent opacity as to obscure an observer's view
to a degree not greater than forty percent (40%) ,
for a period or periods aggregating no more than
three (3) minutes in any one hour.
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4. Subsection a of this section shall not apply
to fugitive dust
c For purposes of this section 4, the following terms
shall have the meaning indicated
AIR CONTAMINANT
Any fume, smoke, particulate matter, vapor,
gas, or any combination thereof, but not in-
cluding water vapor or steam condensate.
AIR CONTAMINATION SOURCE
Any source whatsoever, at, from, or by reason
of which there is emitted or discharged into
the atmosphere any air contaminant.
FUGITIVE DUST
Solid airborne particulate matter emitted from
any source other than an opening which channels
the flow or air contaminants and then exhausts
the contaminants directly into the atmosphere
Fugitive dust also includes solid particles
released into the atmosphere by natural forces
or by mechanical processes such as crushing,
grinding, milling, drilling, demolishing,
shoveling, conveying, covering, bagging, sweep-
ing, etc
OPACITY
The degree to which air contaminant emission
obscures the view of an observer, expressed in
percentage of the obscuration, or in the degree
(percent) to which transmittance of light is
reduced by an air contaminant emission.
5. Odor Emissions.
a No person, wherever located, shall cause or allow
the emission of odorous air contaminants from any
single source such as to result in detectable odors
which are measured in excess of the following limits-
1 For areas used predominantly for residential or
commercial purposes it is a violation if odors
are detected after the odorous air has been
diluted with seven (7) or more volumes of odor
free air
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2. In all other land use areas, it is a violation
if odors are detected after the odorous air has
been diluted with fifteen (15) or more volumes
of odor free air
3 a. When the source is a manufacturing process
or agricultural operation, no violation of
subsections 1 and 2 shall be cited by the
City, provided that the best practical
treatment, maintenance, and control currently
available shall be utilized in order to main-
tain the lowest possible emission of odorous
gases and, where applicable, in determining
the best practical control methods, the City
shall not require any method which would re-
sult in an arbitrary and unreasonable taking
of property or in the practical closing of
any lawful business or activity, if such would
be without corresponding public benefit.
b. For all areas it is a violation when odors
are detected after the odorous air has been
diluted with one hundred twenty-seven (127)
or more volumes of odor free #as in which
case provisions of section 5`&/(3) (a) herein
shall not be applicable
6 Particle Emission. No particles of fly ash shall exceed
two-tenths grain per cubic foot of flue gas at a
stack temperature of five hundred degrees Fahrenheit
(500oF.) .
7 Noise Restrictions Any use shall be conducted so that
noise generated from such use is controlled at its
source or so attenuated by the structure from which
it radiates that when measured in the indicated zones,
it shall not exceed the measured values shown in Table
I below. It shall also be controlled in such a way
that it does not become ob)ectionable outside its pro-
perty lines due to its periodic, impulsive or frequency
spectrum characteristics.
Table I Land Use Noise-Emission Limits.
Zone In Which Sound Measured Maximum Allowable
Sound Level (dBA)
A 60 Daytime 6AM-6PM)
50 (Nighttime.6PM-6AM)
B 65
C 70
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Legend for Zones
A = R-E, Estate Residential District
R-L, Low Density Residential District
R-L-P, Low Density Planned Residential District
R-L-M, Low Density Multiple-Family District
R-M, Medium Density Residential District
R-H, High Density Residential District
R-P, Planned Residential District
R-M-P, Medium Density Planned Residential District
M-L, Low Density Mobile Home District
M-M, Medium Density Mobile Home District
B = B-P, Planned Business District
B-L, Limited Business District
H-B, Highway Business District
B-G, General Business District
C, Commercial District
I-L, Limited Industrial District
I-P, Industrial Park District
C = I-G, General Industrial District
Notwithstanding the foregoing requirements,
noise levels may be .increased in special situations
as set forth in Table II below
Table II. Noise-Level Corrections Permitted for
Special Situations *
Type of Operation or Correction in
Character of Noise dBA
Noise source operates
less than 15 minutes of
any one-hour period +5
Noise source operates
less than 5 minutes of
any one-hour period +10
Noise source operates
less than 1 minute of
any one-hour period +15
Noise of repetitive,
impulsive character
(hammering, etc.) -5
Noise of periodic or
cyclically-varying nature -5
Apply one correction only
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Noise measurements shall be made at property
boundaries with a sound level meter which meets the
specifications established by the American National
Standards Institute, Standard 51.4, 1971
C. Limitations on Use. Any use in this district shall con-
form to the requirements hereinafter set forth unless
the property is developed and used in accordance with
a unit development plan defined, processed and approved
in accordance with the provisions of §118=83 of this
chapter.
D. Minimum area of lot. Minimum lot area shall be the
equivalent of two (2) times the total floor area of
the building, but in no event shall such area be less
than twenty thousand (20,000) square feet.
E. Minimum width of lot. Minimum lot width shall be one
hundred (100) feet.
F. Minimum yard. Minimum yard width shall be thirty (30)
feet from any adjoining street, or zoning district line.
Where a zoning district line adjoins a railroad right-
of-way, this minimum yard width shall not be required
on the adjoining rail right-of-way line.
G. Parking requirements
1 Off-street parking shall be provided as follows:
(a) One and one-half (1h) off-street parking
spaces for every two employees on any one
shift for storage, warehousing, distribution
and wholesale uses.
(b) One and one-half (1h) off-street parking
spaces for every two employees on any one
shift for manufacturing, experimental or
testing laboratories and similar uses
(c) One (1) off-street parking space for each
four hundred fifty (450) square feet of
floor area actually used for commercial pur-
poses other than office or related retail
sales uses.
(d) One (1) off-street parking space for each
two hundred (200) square feet of floor area
actually used for office purposes or related
retail sales.
All parking lots shall have at least five percent (5%)
of their interior area devoted to landscaping.
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H. Landscaping along arterial streets. A fifty (50) foot
landscaped buffer strip shall be required along all
arterial and collector streets. "
Section 2. That Section 118-72 of the Code of the City of
Fort Collins be, and the same hereby is, amended to read as follows-
"B. Performance standards Every use permitted in the I-G,
General Industrial District shall conform to the per-
formance standards required for the I-L, Limited Industrial
District as set forth in §118-71B. "
Section 3. That Section 118-73 of the Code of the City of
Fort Collins be, and the same hereby is, amended to read as follows.
"§118-73. I-P Industrial Park District.
This district designation is for light industrial park areas
containing controlled industrial uses The industrial park
zone is designed for industrial uses in proximity to areas
zoned for residential use and along arterial streets The
uses permitted shall be those uses set forth in 0118-71A
A Performance standards. All uses in this district shall
conform to the performance standards required for the
I-L, Limited Industrial District, set forth in §118-71B.
B. Limitations on use Any use in this district shall con-
form to the requirements hereinafter set forth unless
the property is developed and used in accordance with
a unit development plan defined, processed and approved
in accordance with the provisions of 0118-83 of this
chapter.
1. Landscape Requirements.
(al Screening. Generally an eighty L801 foot land-
scaped buffer strap shall be recommended along any
and all residential district boundary lines abutting
property in this district provided that variations
from the standards herein set forth may be permitted
if the City Arborist and Director of Planning and
Development find that such variat3.on(s1 provide an
equal amount of effective screening. Normally, the
buffer strip shall consist of a continuous evergreen
screen with a minimum height of six (6) feet, planted
in three (31 rows with trees twenty (20) feet on
center. If the zoning district line is on a street
right-of-way, the requirement for a buffer strip
shall be reduced to at least fifty (50) feet and such
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buffer strip shall consist of a continuous ever-
green screen a minimum of six (6) feet in height
in two (2) rows with trees twenty (20) feet on
center.
(b) Landscaping along arterial streets. A fifty (50)
foot landscape buffer strip shall be required
along all arterial or collector streets
(c) Design standards. Where landscaping is required,
a plan shall be submitted and approved by the
Director of Planning and Development and the City
Arborist The plan shall provide an ample quantity
and variety of ornamental plant species which are
regarded as suitable for this climate. Landscape
treatment must be balanced with both evergreen and
deciduous plant material with sufficient use of
upright species for vertical control Landscape
treatment may include natural rock arrangements
Plant material selections will be reviewed for
adaptability to physical conditions indicated by
site plan locations
(d) Irrigation Permanent underground water facilities
for irrigation purposes shall be provided for all
landscape areas except in those areas in which dry
landscaping has been used
(e) Maintenance. Required landscaping shall be main-
tained in a neat, clean and healthy condition. This
maintenance shall include proper pruning, mowing of
lawn areas, weeding, removal of litter, fertilizing,
replacement of plants when necessary and regular
watering of all landscaped areas.
2 Maximum building height No building in this zoning
district including any fixtures thereto shall exceed
a height above grade of fifty (50) feet
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3 Lot requirements The following areaiminimum require-
ments with regard to the size of lots and setbacks for
property in this district
(a) Lot area The minimum lot area shall be the
equivalent of two (2) times the total floor area
of the building but in no event less than twenty
thousand (20,000) square feet. No more than
fifty percent (50%) of any lot shall be covered
with building structures
(b) width of lot The minimum lot width shall be
one hundred (100) feet.
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(c) Front yard. Minimum distance of any building
from the front property line shall be fifty (50)
feet A minimum of twenty-five (25) feet in the
front yard adjacent to any street right-of-way
shall be used for no purpose other than required
landscaping and ingress and egress. No fences
shall be erected within this twenty-five (25)
foot area.
(d) Side yard Minimum distance of any building
from the side property line shall be thirty (30)
feet. In cases where the side yards are used for
storage, loading, or parking facilities, they
shall be screened from the view of public rights-
of-way in residential areas. Where a zoning
district line joins a rail right-of-way, this
side yard minimum distance shall not be required
(e) Rear yard minimum distance from rear lot line
to building shall be twenty (20) feet. In cases
where the rear yards are used for storage, loading,
or parking facilities, they shall be screened from
the view of public rights-of-way in residential
area Where a zoning district line joins a rail
right-of-way, this side yard minimum distance
shall not be required
4 Parking requirements
(a) Off-street parking shall be provided as follows.
1 One and one-half (1;s) off-street parking
spaces for every two employees on any one
shift for storage, warehousing, distribution,
and wholesale uses
2 One and one-half (1'h) off-street parking
spaces for every two employees on any one
shift for manufacturing, experimental or
testing laboratories and similar uses.
3 One (1) off-street parking space for each
four hundred fifty (450) square feet of floor
area actually used for commercial purposes
other than office or related retail sales uses.
4 One (1) off-street parking space for each
two hundred (200) square feet of floor area
actually used for office purposes or related
retail sales
(b) All parking lots shall have at least five percent
(5%) of their interior area devoted to landscaping
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5 Loading area requirements
(a) For all uses except office uses, off-street
loading areas shall be provided as follows-
1 One (1) off-street loading space for ten
thousand (10,000) to twenty thousand (20,000)
square feet of building area served plus
one (1) additional off-street loading space
for each additional twenty thousand (20,000)
square feet of building area served or
fraction thereof beyond the initial twenty
thousand (20,000) square feet
(b) Outside storage and trash area. Materials stored
outside shall be enclosed and concealed Materials
stored shall not be visible above the height of
the fence Outside storage areas shall not be
located in front of the required front setback
line.
6 Enclosure required. All manufacturing and similar
uses shall be carried on entirely within a completely
enclosed structure "
Section 4 . That Section 118-23 of the Code of the City of
Fort Collins be, and the same hereby is, amended by adding thereto
an additional subsection H as follows
"H Enforcement of performance standards in industrial zones.
1 A determination as to violation of required perfor-
mance standards set forth in the industrial zones
shall be made by the Chief Building Inspector or
his authorized representative and any such determi-
nation shall be so made before notice of violation
is issued.
2. If in the considered judgment of the Chief Building
Inspector there is a violation of performance standards
set forth in the industrial zones, the following pro-
cedures shall be followed:
(a) The Chief Building Inspector shall give written
notice by personal service or by registered or
certified mail, return receipt requested, to the
person or persons responsible for the alleged
violation. Such notice shall indicate the par-
ticulars of the alleged violation and the reasons
why the Chief Building Inspector considers there
is a violation in fact, and shall require an answer
or correction of the alleged violation to the
satisfaction of the Chief Building Inspector with-
in a time limit of not less than ten (10) days as
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set forth in the notice The notice shall state,
and it is hereby declared, that failure to reply
or to correct the alleged violation to the satis-
faction of the Chief Building Inspector within
the time Haut as set in said notice constitutes
admission of violation of terms of this ordinance
(b) If, within the time limit set, there is no reply
but the alleged violation is corrected to the
satisfaction of the Chief Building Inspector, a
'Violation Corrected' shall be noted on the Chief
Building Inspector's copy of the notice and shall
be retained among the records, but no further
action shall be taken on account of the corrected
violation
(c) If there is no reply within the time limit set,
and the alleged violation is not corrected to
the satisfaction of the Chief Building Inspector
within the specified time limit, the Chief Building
Inspector shall proceed to take or cause to be
taken such action as warranted by continuation
of a violation after notice to cease
(d) If reply is received within the specified time
limit indicating that the alleged violation will
be corrected to the satisfaction of the Chief
Building Inspector, but that more time will be
required than was granted by the original notice,
the Chief Building Inspector may grant an extension
of tune if such extension is deemed justified
in the circumstances of the case, and if such
extension will not cause substantial peril to
life, health or property In action on requests
for extension of time, the Chief Building In-
spector shall in writing state specific reasons
for granting or refusing to grant such extension.
3. In the event that another public agency has taken
action regarding a violation of one or more of the
performance standards set forth in this chapter and
such action has resulted in a final judgment on the
merits, the City shall not proceed with an investi-
gation of the same subject matter, or, if an in-
vestigation has been completed, shall not seek a
final judgment on the matter."
Introduced, considered favorably on first reading, and ordered
published this 17th day of October , A 1478, and to be
presented for final passage on the 21st d o£ November A.D 1978.
ATTEST Mayo
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�,�j,.�yCity Clerk �
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Passed and adopted on final reading this 21st day of November,
A.D 1978
A
Mayo
ATTEST.
Pik
Cit lerk - _ - --
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