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HomeMy WebLinkAbout113 - 09/05/1995 - AMENDING CITY CODE MAKING ENFORCEMENT OF NEIGHBORHOOD CHARACTER DESIGN STANDARDS AND GUIDELINES FOR ORDINANCE NO.113, 1995 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CODE OF THE CITY OF FORT COLLINS FOR THE PURPOSE OF MAKING THE ENFORCEMENT OF THE "NEIGHBORHOOD CHARACTER DESIGN STAND S AND GUIDELINES FOR THE EASTSIDE AND WESTSIDE NEIG BORHOODS IN FORT COLLINS" APPLICABLE TO CONSTRUCTION ON ANDMARKS AND IN LANDMARK DISTRICTS, NEW CONSTRU ION AND INCREASES IN THE FLOOR AREA OF BUILDIN IN AREAS GOVERNED BY SAID STANDARDS AND GU LINES AND FOR THE PURPOSE OF PROVIDING A THOD OF APPEAL OF STAFF DECISIONS PERTA ING THERETO WHEREAS, the Council, by Ordinance No. 12, 1995, has approved and adopted the "Neighborhood Character Design Standards An Guidelines for the Eastside and Westside Neighborhoods In Fort Collins" ; and WHEREAS, in order to enforce sai standards and guidelines with respect to construction on landmarks and in landmark districts, well as new construction and increases in floor area of existing buildings in areas intended to b governed by said standards and guidelines, it is necessary that certain sections of the Code be I ended to so incorporate said standards and guidelines; and WHEREAS, the Comic' has determined that it is in the best interests that the Code be amended to allow for such en f rcement; and WHEREAS, the uncil has also determined that it is necessary to clarify the intended method of appeal of staf decisions pertaining to said standards and guidelines. NOW, THE FORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as folio s: Sectio That Sec. 2-353(4) be amended to read as follows: (4) To take final action to approve, disapprove or approve with conditions all planning items in accordance with this Code and Charter subject to the appeal procedures contained in Article II, Division 3 of this Chapter. In taking such final action,the board shall have the authority to accept the dedication of streets, easements and other rights-of-way as laid out on plats presented to the board for approval or as otherwise described in deeds of dedication, whether on or off the site of a specific planning item provided that such �osfPo ke d to dedication is necessitated by reason of the approval of such planning item. The board shall also have the authority to vacate easements and Fe Ly-ua r`Ji 19 9�- other rights-of-way,but not to include streets and alleys,by resolution a0i Ne LZ C)rd; ocLocre Quw6er A55;9 h e j or by approval of replats containing notation of such vacation. The board shall further have the authority to hear and decide appeals from, and review any order, requirement, decision or determination made by, an administrative official which pertains to any planning item previously reviewed or approved by the board, or-which perta"1i1 "The Neighborhood Character,Design Standards a d'd6idelines for the Eastside and Westside Neighborhoods in Fort Collins" if such appeals and requests for review are filed not later than fourteen (14) days after the action which is the subject of such appeal or request for review. No action shall be taken in reliance upon any such order, requirement, decision or determination until all appeal rights related to such decision have been exhausted. Section 2. That Sec. 14-48(b) be repealed and readopted to read as follows: Such—ndditionai mitetia, as established by the handinwk nd Preseraat' tinterests-of tim city. (5) Whether the proposed Wor'kc comphes with'.(aj the Secretary`of'the Interior's Standards for'I e Rehabilitation of Historic Build ngs`;;(b) the Design Guidelines for Historic Old Town Fort Collins,and(c)the 'Neighborhood Characteristic Standards and Guidelines for= the Eastside and Westside Neighborhoods in Fort Collins," if applicable. Section 3. That Sec. 29-5(a) of the Code be amended to read as follows: Sec. 29-5 Permits and certificate of occupancy. (a) No building shall be erected, moved or structurally altered unless a building permit has been issued by the Building Permits and Inspections Administrator. All permits shall be issued in conformance with the provisions of this Chapter and shall be valid for a period of time not exceeding one (1) year from the date of issuance. If the-work to be performed under the permit is'govemed by the "Neighborhood Character Design Standards and Guidelines for the Eastside and"Westside Neighborhoods in Fort Collins," no permit shall be issued unless such work complies with the mandatory requirements thereof; Section 4. That Sec. 29-41(b) of the Code be amended to read as follows: (b) The Zoning Board of Appeals shall hear and decide appeals front, and review any order, requirement, decision or determination made by an administrative official charged with enforcement of the regulations established by Articles In and IV,except those determinations which pertain to planning iteinSmatters previously reviewed or approved by the Planning and Zoning Board,and tliose determinations which pertain to the "Neighborhood Char.icter Design Standards and Guidelines for the Eastside and Westside Ne ghborhoa,Is in Fort Collins. Introduced, considered favorably on first reading, and ordered published this 15th day of August, A.D. 1995, and to be pi esL rated f or final passage on the 5th day of September, A.D. 1995. Mayor ATTEST: City Clerk Passed and adopted on final reading this 5th day of September, A.D. 1995. Mayor ATTEST: City Clerk