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HomeMy WebLinkAbout154 - 10/20/1987 - ADOPTING AMENDMENTS TO THE CITY CODE ORDINANCE NO. 154, 1987 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING AMENDMENTS TO THE NEW CODE FOR THE CITY OF FORT COLLINS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the new Code for the City of Fort Collins enacted by Ordinance No. 153, 1987, be and hereby is amended as follows: Section 1 . That Section 8-59(a) (1) (c) shall be amended to read as follows: %. The Charter and City Ordinances;" Section 2. That Section 8-84 shall be amended to read as follows: "Sec. 8-84. Sales and use tax fund. There is hereby created a fund to account for the city's sales and use tax revenue known as the sales and use tax fund. Revenues shall include collections of sales and use taxes under the City Ordinances. Expenditures shall be made for approved purposes in connection with servicing the city's sales and use tax bonds, notes and other similar debt. Expenditures shall include transfers to other funds of the city and other expenditures as approved by City Council . " Section 3. That Section 25-296 shall be amended to read as follows: "Sec. 25-296. Violations. It shall be a violation of this Article for any lodging provider or any other person subject to the tax levied herein to refuse to make any return required in this Article or to make any false or fraudulent return or any false statements in any return; or to fail or refuse to make payment to the Financial Officer of any taxes collected or due the city, or in any manner to evade the collection and payment of the tax, or any part imposed by this Article. It shall be unlawful for any person or lodging customer to fail or refuse to pay such tax or evade the payment or to aid or abet another in any attempt to evade the payment of the tax imposed by this Article. Any person making a false return or a return containing a false statement shall be guilty of a violation of this Article. " Section 4. That Section 26-126(b) be and hereby is deleted. Section 5. That Section 26-462 shall be amended to read as follows : "Sec. 26-462. Determination of rates. The City Council finds and determines that the proposed rates to be charged and collected by the city are reasonable rates to be charged. The schedule of rates is hereinafter set forth and adopted as the lawful rates for the city to charge and collect from customers within and without the corporate limits of the city for electricity furnished to the consumers connected to the city electric distributing system in accordance with the terms and provision of the schedule of rates hereinafter set forth in this Division together with such general rules and regulations on file with the City Clerk as shall be from time to time adopted by the city, which rules and regulations shall govern and control in all respects in rendering service and charging and collecting rates for the sale of all electrical energy, and the schedule of rates is hereby accepted and adopted as controlling in the matter of the electrical service to be rendered until further modified by the City Council . " Section 6. That Section 26-464(j) shall be amended to read as follows: "(j) Contract period. All contracts under this schedule shall be for a minimum period of thirty (30) days and, thereafter until terminated upon ten (10) days' written notice to the city. " Section 7. That Section 26-514(1) shall be amended to read as follows: "(1) Runoff coefficient. a. Each lot or parcel of land shall be placed in one (1) of five (5) specific categories hereinafter referred to as basic categories of development , based upon the land use characteristics for the lot or parcel . The runoff coefficient as used in the engineering formula known as the rational method shall be used as the basis for assigning rate factors for basic categories of development as follows. . " Section 8. That Section 26-543(a) (10) is hereby deleted and Section 26-543(a) (11) shall be amended to read as follows and shall be renumbered as (10) : "(10) fossil Creek Drainage Basin Master Drainageway Planning Study, prepared by Simons, Li and Associates Inc. , dated August 1982. " g Section 9. That Section 26-544 shall be amended to read as follows: "Sec. 26-544. Stormwater facilities required for subdivisions. Prior to the final approval of the plat of any subdivision, the owners of the property being subdivided shall at such owners' cost prepare a detailed drainage report and construction plans for the installation of all stormwater facilities required for such subdivision including any off-site facilities required to convey stormwater to existing drains, channels, streams, detention ponds or other points, all in conformity with the master plan of the stormwater basins and the Design Criteria and Construction Standards adopted by the City Council . The Director of Utility Services shall review such reports, plans and cost estimates and after approval of the same, the plat of the subdivision may be approved subject to the city's being furnished with acceptable assurance that such facilities will be constructed and installed as indicated and approved. " Section 10. That Section 29-6 shall be amended to read as follows: "Sec. 29-6. Inspection. The Building Permits and Inspections Administrator is hereby empowered to cause any building, other structure or tract of land to be inspected and examined and to order in writing the remedying of any condition found to exist therein or thereat in violation of any provision of Articles I-IV of this Chapter. After any such order has been served, no work shall proceed on any building, other structure or tract of land covered by such order, except to correct such violation or comply with the order. " Section 11 . That Sections 29-41(a) and (b) shall be amended to read as follows: "Sec. 29-41 . Zoning Board of Appeals; duties and powers. (a) Subject to being overruled by the City Council , the Zoning Board of Appeals created in §2-441 shall have the powers and duties in this Section in harmony with the purpose and intent of Articles III and IV and in accordance with the public interest and the most appropriate development of the neighborhood. (b) The Zoning Board of Appeals shall hear and decide appeals from, and review any order, requirement, decision or determination made by, an administrative official charged with enforcement of the regulations established by Articles III and IV, except those determinations which pertain to matters previously reviewed or approved by the Planning and Zoning Board. " Section 12. That Section 29-42(b) and (c) shall be amended to read as follows: "(b) For applications for variances of Articles III and IV, the Zoning Board of Appeals shall mail a written notice of the hearing at least seven (7) days prior to the hearing date to the applicant and to owners of property adjacent to the property in question. Failure to mail such notice to every property owner due to clerical omissions shall not affect the validity of any hearing or determination of the board. (c) For applications for variances of Articles III and IV, the applicant shall be charged a fee to cover the cost of advertising and processing. Unless otherwise stated in the Zoning Board of Appeals' minutes, all variance permits shall be valid for a period of time not to exceed six (6) months from the time such variance is granted. " Section 13. That Section 2-443(1) and (2) shall be amended to read as follows: "Sec. 2-443. Functions. The board shall have the following powers and duties: (1) To hear and decide appeals from and review any order, requirement, decision or determination made by an administrative official charged with enforcement of the regulations established by Chapter 29, Articles I-IV inclusive. (2) To authorize upon appeal in specific cases, variances from the terms of Chapter 29, Articles I-IV inclusive where by reason of exceptional narrowness, shallowness or slope of a specific piece of property at the time of the enactment of Chapter 29, Articles I-IV inclusive or by reason of exceptional topographical conditions or other extraordinary and exceptional situations or conditions of such piece of property including situations or conditions which hinder the owner's ability to install a solar energy system, the strict application of any regulation enacted herein would result in peculiar and exceptional practical difficulties to the owner of such property, provided that such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purposes of Chapter 29, Articles I-IV inclusive, and provided that no variance shall authorize any use in a zoning district other than a use specifically permitted in such zoning district. " Introduced, considered favorably on first reading, and ordered published this 6th day of October, A.D. 1987, and to. be p�esented for final passage on the 20th day of October, A.D. 1987., -! Ass ks 60 Mayor J ATTEST: City Clerk 1987.Passed and adopted on final reading this 20th day of October, A.D. Ma ATTEST: City Clerk