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HomeMy WebLinkAbout228 - 12/15/1998 - MAKING VARIOUS AMENDMENTS TO THE LAND USE CODE ORDINANCE NO. 228, 1998 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING VARIOUS AMENDMENTS TO THE CITY OF FORT COLLINS LAND USE CODE WHEREAS, on March 18, 1997, by Ordinance No. 51, 1997, the Council of the City of Fort Collins adopted the Land Use Code; and WHEREAS, at the time of the adoption of the Land Use Code, it was the understanding of staff and Council that the Land Use Code would most likely be subject to future amendments, not only for the purpose of clarification and correction of errors, but also for the purpose of ensuring that the Land Use Code remains a "fluid" document capable of responding to issues identified by staff, other land use professionals and citizens of the City; and WHEREAS, the staff of the City, the Planning and Zoning Board and the Zoning Board of Appeals have reviewed the Land Use Code and identified and explored various issues related to the Land Use Code and have made recommendations to the Council regarding such issues; and WHEREAS, the Council has determined that the Land Use Code amendments which have been proposed are in the best interest of the welfare of the City and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Land Use Code be, and hereby is, amended as follows: Section 1. That Section 1.5.3 of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: 1.5.3 Abandonment of Use If active operations are not carried on in a nonconforming use during a period of twelve (12) consecutive months, the building, other structure or tract of land where such nonconforming use previously existed shall thereafter be occupied and used only for a conforming use. Intent to resume active operations shall not affect the foregoing. A nonconforming home occupation business activity shall be considered to be abandoned if the occupants of the dwelling who were conducting such nonconforming home occupation business discontinue either their occupancy of the dwelling or the nonconforming home occupation. Section 2. That the Land Use Code of the City of Fort Collins is hereby amended by adding a section, to be numbered 1.6.7, which section reads as follows: I 1.6.7 Abandonment of Use If active operations are not carried on in an existing limited permitted use during a period of twelve (12) consecutive months, the building, other structure or tract of land where such existing limited permitted use previously existed shall thereafter be occupied and used only for a permitted use. Intent to resume active operations shall not affect the foregoing. Section 3. That Section 2.2.10(A) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: 2.2.10 Step 10: Amendments (A) Minor Amendments. Minor amendments to any approved development plan, including any Overall Development Plan or Project Development Plan, or any site specific development plan (except replats) may be approved, approved with conditions, or denied administratively by the Director and may be authorized without additional public hearings. Such minor amendments may be authorized by the Director as long as the development plan, as so amended, continues to comply with the standards of this Land Use Code, at least to the extent of its original compliance (so as to preclude any greater deviation from the standards of this Land Use Code by reason of such amendments). Minor amendments shall only consist of any or all of the following: Section 4. That Section 2.2.10(B) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (B) Major Amendments. Amendments to any approved development plan (including any Overall Development Plan or Project Development Plan) or site specific development plan that are not determined by the Director to be minor amendments under the criteria set forth in subsection (A) above, shall be deemed major amendments. Major amendments to approved development plans or site specific development plans approved under the laws of the city for the development of land prior to the adoption of this Land Use Code shall be processed as required for the land use or uses proposed for the amendment as set forth in Article 4 (i.e., Type 1 review or Type 2 review) for the zone district in which the land is located, and, to the maximum extent feasible, shall comply with the applicable standards contained in Articles 3 and 4. Major amendments to development plans or site specific development plans approved under this Land Use Code shall be reviewed and processed in the same manner as required for the original development plan for which amendment is sought. Any major 2 amendments to an approved project development plan or site specific development plan shall be recorded as amendments in accordance with the procedures established for the filing and recording of such initially approved plan. Any partial or total abandonment of a development plan or site specific development plan approved under this Land Use Code, or of any plan approved under the laws of the city for the development of land prior to the adoption of this Land Use Code, shall be deemed to be a major amendment, and shall be processed as a Type 2 review; provided, however, that if a new land use is proposed for the property subject to the abandonment, then the abandonment and new use shall be processed as required for the land use or uses proposed as set forth in Article 4 (i.e., Type 1 review or Type 2 review) for the zone district in which the land is located. Section 5. That Section 2.3.2(H)(4) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (4) The overall development plan shall conform to the Master Street Plan requirements and the street pattern/connectivity standards both within and adjacent to the boundaries of the plan as required pursuant to Sections 3.6.1 and 3.6.3(A) through (F). The overall development plan shall also conform to the Transportation Level of Service Requirements as contained in Section 3.6.4. Section 6. That Section 2.3.2(H)(6) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (6) The overall development plan shall show the general location and approximate size of all natural areas and features within its boundaries and shall indicate the applicant's proposed rough estimate of the limits of development and natural area buffer zones as required pursuant to Section 3.4.1(C). Section 7. That Section 2.6.3(C) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (C) Step 3(A) (Development Application Forms): Applicable. Step 3(B) (Consolidated Development Applications and Review): Not applicable. Step 3(C) (Development Application Contents): Not Applicable, and in substitution therefor, an application for a building permit 3 shall be submitted to the Building and Zoning Director for review and determination. An application for a building permit shall include all items, materials and documents that are required by the adopted Uniform Building Code. Step 3(D) (Submittal and I tearing Date Schedule): Not applicable. Step 3(E) (Development Review Fees): Step 3(E)(1) shall apply. Steps 3(E)(2) and(3) shall not apply. Section 8. That Section 2.6.3(K) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (K) Step 11 (Lapse): Not applicable, and in substitution therefor, a Building Permit shall expire six (6) months after the date that such Building Permit was issued unless properly acted upon in accordance with the provisions of the Uniform Building Code, as amended. One (1) six-month extension may be granted by the Building and Zoning Director. Section 9. That Section 2.6.3(L) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (L) Step 12 (Appeals): Not applicable, and in substitution therefor, appeals of any final decision of the Building and Zoning Director on a Building Permit application shall be in accordance with Division 2.10; provided, however, that such appeals may be filed only by persons who possess a legal or equitable interest in the specific real property which is the subject of the decision, or who own or reside on real property any part of which is located within five hundred (500) feet of the specific real property which is the subject of the decision. Notwithstanding the foregoing, appeals pertaining to the application and enforcement of the Uniform Building Code (as adopted and amended by the city) shall be processed in accordance with Section 5-27(1) of the City Code. Section 10. That Section 2.8.4(F)(2) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (2) Rezonings of no more than six hundred forty (640) acres (quasi-judicial): Section 2.2.6(A) shall apply except that the notice provided for therein shall be mailed at least seven (7) days prior to the public hearing/meeting date (instead of fourteen [14] days) and shall identify the proposed new zoning district(s), as well as the uses 4 permitted therein, shall indicate whether a neighborhood meeting will be held with regard to the proposed rezoning, and shall inform the recipient of the notice of the name, address and telephone number of the Director, to whom questions may be referred with regard to such zoning change. Section 2.2.6(C) shall apply. Section 2.2.6(B) and (D) shall not apply. Section 11. That Section 2.9.2(K) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (K) Step 11 (Lapse): Any hardship variances which applies to the issuance of a building permit shall expire six (6) months after the date that such variance was granted, unless all necessary permits have been obtained; provided however, that for good cause shown, the Zoning Board of Appeals may authorize a longer term if such longer term is reasonable and necessary under the facts and circumstances of the case, but in no event shall the period of time for obtaining all necessary permits under a hardship variance exceed twelve (12) months in length. One (1) six-month extension may be granted by the Zoning Board of Appeals. Section 12. That the Land Use Code of the City of Fort Collins is hereby amended by adding a section, to be numbered 2.11.4, which section reads as follows: 2.11.4 Annexation of Illegal Uses Any use that exists on property outside the City and that is not legally permitted by the county must cease and be discontinued before the City Council adopts, on second reading, an annexation ordinance annexing any such property except as provided herein. In the event that a property containing a use that is not legal pursuant to county regulations is proposed to be annexed into the City and placed into a zone district wherein such use is a permitted use, said use must be reviewed and processed as set forth in Article 4 (i.e., Type 1 review or Type 2 review) for the zone district in which the land is proposed to be located, and shall comply with the applicable standards contained in Articles 3 and 4. A development application for such review must be filed with the City within sixty (60) days following the effective date of the annexation. Such use shall be temporarily permitted for a period not to exceed six (6) months following the effective date of the annexation. In the event that the development application is not approved within said six-month period, then the use shall be discontinued within thirty (30) days following the date of the decision of denial or expiration of said six-month period, whichever first occurs, except that the Director may grant one (1) extension of the foregoing six-month requirement, which extension may not exceed three (3) months in length. In the event that the development application 5 is approved, then such use shall be brought into full compliance with this Land Use Code and the decision made thereunder by the decision maker within sixty (60) days following the date of the decision. Section 13. That Section 3.2.2(K)(1)(g) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (g) Schools, Places of Worship or Assembly and Child Care Centers: For each school, place of worship or assembly and child care center, there shall be one (1) parking space per four (4) seats in the auditorium or place of worship or assembly, or two (2) parking spaces per three (3) employees, or one (1) parking space per one thousand (1,000) square feet of floor area, whichever requires the greatest number of parking spaces. In the event that a school, place of worship or assembly, or child care center is located adjacent to uses such as retail, office, employment, or industrial uses, and the mix of uses creates staggered peak periods of parking demand, and the adjacent land owners have entered into a shared parking agreement, then the maximum number of parking spaces allowed for a place of worship or assembly shall be one (1) parking space per four (4) seats in the auditorium or place of worship or assembly, and the maximum number of parking spaces allowed for a school or child care center shall be three (3) spaces per one thousand (1,000) square feet of floor area. When staggered peak period of parking demand do not exist with adjacent uses such as retail, office, employment or industrial uses, then the maximum number of parking spaces allowed for a place of worship or assembly shall be one (1) parking space per three (3) seats in the auditorium or place of worship or assembly, and the maximum number of parking spaces allowed for a school or child care center shall be four (4) spaces per one thousand (1,000) square feet of floor area. Section 14. That Section 3.2.2(K)(4) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: 6 (4) Alternative Compliance. Upon written request by the applicant, the decision maker may approve an alternative parking ratio (as measured by the number of parking spaces based on the applicable unit of measurement established in the table contained in Section 3.2.2(K)(2)(a) for nonresidential land uses or the number of parking spaces based on use for recreational and institutional land uses) that may be substituted in whole or in part for a ratio meeting the standards of this Section. Section 15. That Section 3.2.2(L) of the Land Use Code of the City of Fort Collins is hereby amended by replacing "Figure 5" with the new "Figure 5" attached hereto as Exhibit "A" and by amending Subsection (4) to read as follows: (4) Vehicular Overhang. The stall dimensions indicated above may be modified with respect to vehicular overhang as indicated in Figure 5, except that compact vehicle spaces may not be reduced in depth to a dimension that is less than the required depth indicated above. Section 16. That Section 3.3.2(B) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (B) Development Agreement. At the time the plans, profiles and specifications required in this Division are approved, the applicant shall enter into an agreement providing for the installation of all improvements in the subdivision required by this Land Use Code. Such agreement shall establish and set forth the extent to which the city is to participate in the cost of constructing any public improvements, including, without limitation, collector or arterial streets. No final plan or plat or other site specific development plan shall be approved by the city or recorded until such agreement has been fully executed. Such agreement shall further provide that the applicant will fully account to the city for all costs incurred in the construction of any public improvement in which the city is participating, and the books and records of the applicant relating to such public improvement shall be open to the city at all reasonable times for the purpose of auditing or verifying such costs. Section 17. That Sections 3.3.2(C)(2) and (3) of the Land Use Code of the City of Fort Collins are hereby amended to read as follows: (2) Sanitary Sewers. The applicant shall provide adequate lines and stubs to each lot as required by the current standards of the utility provider (if not the city) or current 7 city design criteria and construction standards, whichever is applicable. (3) Water Mains. The applicant shall provide adequate mains and stubs to each lot as required by the current standards of the utility provider (if not the city) or current city design criteria and construction standards, whichever is applicable. Section 18. That Section 3.3.2(E)(1) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (E) Off-Site Public Access Improvements. (1) Streets, Alleys or Paths. All developments must have adequate access to the city's Improved Arterial Street Network, as described below, or to a street connecting to the Improved Arterial Street Network for which adequate funds have been appropriated by the city for improvement to Improved Arterial Street Standards. The developer of any property which does not have such access to an Improved Arterial Street or to an arterial street with funds appropriated for improvement as described above, shall be required to improve the impacted intervening streets as follows: at a minimum, such streets shall consist of a thirty- six-foot-wide paved cross section on a base that is adequate to accommodate the ultimate design of the street either (1) as designated on the Master Street Plan, or (2) in accordance with the city design criteria for streets, whichever is applicable, and shall include the width and improvements necessary to maintain a level of service as defined by Part II of the City of Fort Collins Multi-modal Transportation Level of Service Manual for the length required to connect to the Improved Arterial Street Network. The off-site street(s) and sidewalks to be improved shall be the arterial, collector and local street routes that will, in the judgment of the Director of Transportation Services, carry the most trips (per travel mode) generated by the development as defined by the Transportation Impact Study required by Section 3.6.4. To identify the streets to be improved as a condition of approval of the development, the Director of Transportation Services shall utilize a map entitled the "Improved Arterial Street Network" depicting, as nearly as practicable, all existing arterial and collector streets in the city and the current structural condition of the same. A waiver to these 8 requirements may be granted by the City Engineer for streets which, in the judgment of the City Engineer, are in substantial compliance with the city standards applicable for the street and are designed to adequately accommodate the traffic impacts of the development. Section 19. That Section 3.3.2(F)(1) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (F) City Participation in Certain Street Improvements. (1) If a street within or adjacent to the development is improved as an arterial or collector street rather than as a local street, the developer making such improvements shall be reimbursed in accordance with the provisions of Section 24-112 of the City Code. Section 20. That Section 3.4.7 of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: 3.4.7 Historic and Cultural Resources (A) Purpose. This Section is intended to ensure that (1) historic sites, structures or objects are preserved and incorporated into the proposed development and any undertaking that may potentially alter the characteristics of the historic property is done in a way that does not adversely affect the integrity of the historic resource; and (2) new construction is designed to respect the historic character of the site and any historic properties in the surrounding neighborhood. This Section is intended to protect designated or eligible historic structures and structures in designated historic districts whether on or adjacent to the project site. (B) General Standard. If the project contains a site, structure or object that (1) is determined to be eligible for local landmark designation or for listing in the National Register of Historic Places; (2) is officially designated as a local or state landmark, or is listed on the National Register of Historic Places; or (3) is located within an officially designated historic district or area, then the development plan and building design shall provide for the preservation and adaptive use of the historic resource. The development plan and building design shall protect and enhance the historical and architectural value of any such historic property whether on or adjacent to the project site New buildings must be compatible 9 with the historic character of any such historic buildings whether on the project site or adjacent thereto. (C) Determination of Landmark Eligibility. The determination of eligibility for local landmark designation will be made by the Landmark Preservation Commission after reviewing the actual construction date (or age of site or object) and photographs of the historic resource (to be provided by the applicant). A site, structure or object may be determined to be eligible for local landmark designation if it meets one (1) or more of the criteria as described in Section 14-5, "Standards for Designation of Sites, Structures, Objects and Districts For Preservation" of the City Code. If a property is determined to be eligible for designation, the applicant will provide a completed "Historic Resource of Merit Form" for the property. (Forms are available from the Community Planning and Environmental Services Department.) The determination of eligibility for the National or State Register of Historic Places shall be according to the processes and procedures of the Colorado Historical Society. (D) Reuse, Renovation,Alterations and Additions. (1) Original materials and details, as well as distinctive form and scale, that contribute to the historic significance of the structure or neighborhood shall be preserved to the maximum extent feasible. Rehabilitation work shall not destroy the distinguishing quality or character of the property or its environment. (2) The rehabilitation of buildings and structures shall be in conformance with the Secretary of the Interior's "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings" (available from the Director) or other adopted design guidelines. 10 (E) New Construction. (1) To the maximum extent feasible, the height, setback and width of new buildings shall be similar to those of existing historic buildings on the same block. Where building setbacks cannot be maintained, elements such as walls, columns, hedges or other screens shall be used to define the edge of the site and maintain alignment. Taller buildings or portions of buildings shall be located interior to the site. Buildings at the ends of blocks shall be of a similar height to buildings in the adjoining blocks. (2) New buildings shall be designed to be in character with existing historic structures, but not be an imitation of historic styles. Horizontal elements, such as cornices, windows, moldings and sign bands, shall be aligned with those of existing historic buildings to strengthen the visual ties among buildings. Window patterns of existing buildings (size, height, number) shall be repeated in new construction, and the pattern of the primary building entrance facing the street shall be maintained to the maximum extent feasible. See Figure 6. (3) The dominant building material of existing historic buildings adjacent to or in the immediate vicinity of the proposed structure shall be used as the primary material for new construction. Variety in materials can be appropriate, but shall maintain the existing distribution of materials in the same block. (4) Visual and pedestrian connections between the site and neighborhood focal points, such as a park, school or church, shall be preserved and enhanced, to the maximum extent feasible. (5) To the maximum extent feasible, existing historic and mature landscaping shall be preserved and when additional street tree plantings are proposed, the alignment and spacing of new trees shall match that of the existing trees. Section 21. That Section 3.5.2(E)(4) of the Land Use Code of the City of Fort Collins is hereby to read as follows: (4) Attached and multi-family dwellings which also face a second street or a major walkway spine shall be exempt it from subsections (1) through (3) above. The fayade oriented to the second street or walkway spine shall include windows, doorways and a structured transition from public to private areas using built elements such as porch features, pediments, arbors, low walls, fences, trellis work and/or similar elements integrated with plantings. Section 22. That the Land Use Code of the City of Fort Collins is hereby amended by adding a section, to be numbered 3.5 2(F), which section reads as follows: (F) Rear Walls of Multi-Family Garages. To add visual interest and avoid the effect of a long blank wall with no relation to human size, accessibility needs, or internal divisions within the building, the following standards for minimum wall articulation shall apply: (1) Perimeter Garages. (a) Length. Any garage located with its rear wall along the perimeter of a development and within sixty- five (65) feet of a public right-of-way or the property line of the development site shall not exceed fifty-five (55) feet in length. A minimum of seven (7) feet of landscaping must be provided between any two (2) such perimeter garages. (b) Articulation. No rear garage wall that faces a street or adjacent development shall exceed thirty (30) feet in length without including at least one (1) of the following in at least two (2) locations: I. change in wall plane of at least six (6) inches. 2. change in material or masonry pattern, 3. change in roof plane, 4. windows, 5. doorways, 6. false door or window openings defined by frames, sills, and lintels, and/or 12 7. an equivalent vertical element that subdivides the wall into proportions related to human scale and/or the internal divisions within the building. (See Figure 9a). (2) All Garages. (a) Access Doors. Rear doorways shall be provided as determined by the decision maker to be reasonably necessary to allow direct access to living units without requiring people to walk around the garage to access their living units. (See Figure 9b). (b) Articulation. At a minimum, a vertical trim detail that subdivides the overall siding pattern shall be provided at intervals not to exceed two (2) internal parking stalls (approximately twenty [20] to twenty- four [24] feet). In addition, the articulation described in Section (1)(b) above is encouraged but shall not be required. Section 23. That Section 3.5.3(B)(2) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (2) Orientation to Build-to Lines for Streetfront Buildings. Build-to lines based on a consistent relationship of buildings to the street sidewalk shall be established by development projects for new buildings and, to the extent reasonably feasible, by development projects for additions or modifications of existing buildings, in order to form visually continuous, pedestrian-oriented streetfronts with no vehicle use area between building faces and the street. (a) To establish "build-to" lines, buildings shall be located and designed to align or approximately align with any previously established building/sidewalk relationships that are consistent with this standard. (b) Buildings shall be located no more than fifteen (15) feet from the right-of-way of an adjoining street if the street is smaller than a full arterial or has on- street parking. (c) Buildings shall be located at least ten (10) and no more than twenty-five (25) feet behind the street 13 right-of-way of an adjoining street that is larger than a minor arterial that does not have on-street parking. (d) Exceptions to the build-to line standards shall be permitted: 1. in order to form an outdoor space such as a plaza, courtyard, patio or garden between a building and the sidewalk. Such a larger front yard area shall have landscaping, low walls. fencing or railings, a tree canopy, and/or other similar site improvements along the sidewalk designed for pedestrian interest, comfort and visual continuity. 2. if the building is adjacent to a full arterial or major arterial street, and the Director has determined that an alternative to the street sidewalk better serves the purpose of connecting commercial destinations due to one (1) or more of the following constraints: a. high volume and/or speed of traffic on the adjacent street(s), b. landform, C. an established pattern of existing buildings that makes a pedestrian- oriented streetfront infeasible. Such an alternative to the street sidewalk must include a connecting walkway(s) and may include internal walkways or other directly connecting outdoor spaces such as plazas, courtyards, squares or gardens. 3. in the case of a large building with employment, vehicle-related or other uses that have little relationship to pedestrians, or that have a need to limit ground floor windows, where the "build-to" line is not feasible for the entire building. The design Of such a building shall be permitted to contribute only a portion of a facade to a 14 build-to line by extending at least thirty (30) percent of one (1) side of the building to a build-to line. (See Figure 11.) 4. in the case of Large Retail Establishments, Supermarkets or other anchor-tenant buildings that face internal connecting walkways with pedestrian frontage in a development that includes additional outlying buildings adjacent to the street(s). 5. if a larger or otherwise non-compliant front yard area is required by the city to continue an established drainage channel or access drive. Section 24. That Section 3.5.4(C)(3)(b) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (b) Parking lot location. No more than fifty (50) percent of the off-street parking area for the lot, tract or area of land devoted to the large retail establishment shall be located in the area between the front facade of the principal building and the abutting streets (the "Front Parking Area"). The Front Parking Area shall be determined by drawing a line from the front corners of the building to the nearest property corners. If any such line, when connected to the plane of the front facade of the building, creates an angle that is greater than one hundred eighty (180) degrees, then the line shall be adjusted to create an angle of one hundred eighty (180) degrees when connected to the plane of the front facade of the building. If any such line, when connected to the plane of the front facade of the building, creates an angle that is less than ninety (90) degrees, then the line shall be adjusted to create an angle of ninety (90) degrees when connected to the plane of the front facade of the building. Parking spaces in the Front Parking Area shall be counted to include all parking spaces within the boundaries of the Front Parking Area, including (i) all partial parking spaces if the part inside the Front Parking Area boundary lines constitutes more than one-half (1/2) of said parking space and (ii) all 15 parking spaces associated with any pad sites located within the Front Parking Area boundaries. Section 25. That Section 3.6.3(C) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (C) Spacing of Full Movement Collector and Local Street Intersections With Arterial Streets. Potentially signalized, full- movement intersections of collector or local streets with arterial streets shall be provided at least every one thousand three hundred twenty (1320) feet or one-quarter ('/a) mile along arterial streets, unless rendered infeasible due to unusual topographic features, existing development or a natural area or feature. The State Highway Access Control Code or specific access control plan adopted according to that code shall determine the location of collector or local streets intersections with State highways. Section 26. That Section 3.7.2(A) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (A) Development Approval Criteria. No development for any site within the city limits shall be approved unless it meets the following minimum requirements: Section 27. That Section 3.8.1 of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: Accessory buildings, structures and uses (when the facts, circumstances and context of such uses reasonably so indicate) may include but are not limited to the following: Section 28. That Section 3.8.7(C)(1)(d)3. of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: 3. When a development has no frontage on an arterial road, identification signs may be located along collector streets adjacent to the development, except that no more than one (1) such sign shall be permitted along any collector street adjacent to the development. Section 29. That Section 3.8.7(G) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: 16 Type of street Y distances X distances Safe sight distance (feet) (feet) (feet) (feet) Right 135 Arterial Left 270 15 500 Right 120 Collector Left 220 15 400 Right 100 Local Left 150 15 300 Section 30. That Section 3.8.15 of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: 3.8.15 Housing Model Variety An applicant for a building permit for a single-family or two-family dwelling shall affirm and certify in the application that the dwelling which is the subject of the building permit does not adjoin a lot with the same housing model, if on the same block face. This requirement shall not apply to single-family or two-family dwellings on lots created pursuant to the zone district and land use regulations in effect on March 27, 1997. Section 31. That Section 3.8.18(B)(1)(g) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (g) land dedicated to landscaped traffic circles, squares, islands and boulevard strips separating the travel lanes of collector or local streets, provided that such features have the following minimum width dimensions: Section 32. That Section 3.8.21 of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: 3.8.21 Organic Soil Amendments Prior to installation of turf grass and/or other plant materials in areas that have been compacted or disturbed by construction activity, such areas shall be thoroughly loosened, and organic soil amendments (such as compost, peat or aged manure) shall be thoroughly incorporated into the soil of such areas at a rate of at least three (3) cubic yards of soil amendment per one thousand (1,000) square feet of turf grass and/or area to be planted. 17 Prior to the issuance of any certificate of occupancy, the recipient of such certificate of occupancy shall affirm and certify, in writing, that the turf grass and/or other planted areas that have been compacted or disturbed by construction activity have received the required loosening and soil amendment or that legally binding commitments have been made to install such soil amendment prior to installation of such turf grass and/or other plant materials. This requirement shall not apply to development established pursuant to the zone district and land use regulations in effect on March 27, 1997. Section 33. That the Land Use Code of' the City of Fort Collins is hereby amended by adding a section, to be numbered 3.8.22, which section reads as follows: 3.8.22 Dog Day-care Facility Regulations (A) All services provided by a dog day-care facility shall be conducted within a completely enclosed, soundproof building. (B) All dog day-care facilities shall be designed and constructed in a manner that eliminates any emission of odor offensive to persons owning, occupying or patronizing properties adjacent to such facilities. Section 34. That the Land Use Code of the City of Fort Collins is hereby amended by adding a section, to be numbered 3.8.23, which section reads as follows: 3.8.23 Mobile Home Park Regulations Mobile Home Parks shall be developed in accordance with the applicable general development standards contained in Article 3, the applicable district standards contained in Article 4, and the regulations contained in Chapter 18 of the Code of the City. Section 35. That the Land Use Code of the City of Fort Collins is hereby amended by adding a section, to be numbered 3.8.24, which section reads as follows: 3.8.24 Composting. (A) Composting facilities shall be located at least six hundred sixty (660) feet from any land located in the R-L, L-M-N, or M-M-N zone districts and/or any residential use (except a residential use occupied by the owner, operator or any employee of such composting facility) as such zone districts or residential uses exist at the time of the establishment of such composting facility. 18 (B) Composting facilities shall contain and treat on-site, all water run-off that comes into contact with the feedstocks or compost, in such manner that the run-off will not contaminate surface or ground water. (C) Composting facilities shall not be located in any floodway. (D) No composting facility shall commence operation until a nuisance condition control plan, specifying all measures to be taken to control nuisance conditions (such as odor, ❑oise, scattered solid waste, dust or vectors) has been approved by the Director. Section 36. That Section 4.1(13)(3)(d) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (d) Industrial Uses: 1. Resource extraction,processes and sales. 2. Composting facilities. Section 37. That Section 4.4(13)(2)(b) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (b) Institutional/Civic/Public Uses: 1. Places of worship or assembly. 2. Public and private schools for college, university, vocational and technical education, provided they are located within five hundred (500) feet of East Vine Drive. 3. Public facilities. 4. Parks, recreation and other open lands, except neighborhood parks as defined by the Parks and Recreation Policy Plan. 5. Cemeteries. 6. Community facilities. 7. Neighborhood support/recreational facilities. 19 Section 38. That Section 4.9(B) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (B) Permitted Uses. (1) The following uses are permitted in the T District: (a) No use shall be permitted of properties in the T District except such use as existed on the date the property was placed into this zone district. No permanent structures shall be constructed on any land in this District, except that at the time of zoning or rezoning of the property into this District the City Council may grant a variance permitting the installation or enlargement of a permanent structure containing a use which was existing, or is ancillary to the use of the property, at the time of such zoning or rezoning upon the following conditions: l. The owner of the property, prior to the City Council meeting at which the zoning or rezoning is to be heard, shall submit a site plan showing in reasonable detail the existing and proposed uses of such property. 2. The City Council shall grant such variance only upon a finding that the strict application of this Land Use Code relating to nonconforming uses would result in exceptional or undue hardship upon the owner of the property and that the variance may be granted without substantial detriment to the public good and without substantially impairing the intent and purposes of the nonconforming use provisions of this Land Use Code. (b) After the property has been placed in the T District, the Zoning Board of Appeals may grant a variance in accordance with Division 2.9 and subject to the criteria established for the City Council in subparagraphs (B)(1)(a)l. and 2. of this Division permitting installation or enlargement of a permanent structure containing a use which was 20 existing at the time the property was placed in this District, or containing a use which is ancillary to such existing use. (2) The owner of any property in the T District may at any time petition the city to remove the property from this zone district and place it in another zone district. Any such petition shall be referred to the Planning and Zoning Board to be considered at the next regular meeting of such board which is scheduled at least fifteen (15) days from the date the petition is filed with the City Clerk. Within sixty (60) days from the date the matter is considered by the board, the City Council shall change the zoning for the property in question to another zone district authorized under this Article. (3) Any use which was non-conforming upon a parcel prior to placement into this zone district shall continue to be non- conforming upon removal of such parcel or property from this zone district unless such parcel is placed into a zone district where such use is listed as a permitted use. Section 39. That Section 4.10(B)(2) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (2) The following land uses are permitted in the P-O-L District, subject to administrative review: (a) Institutional/Civic/Public Uses: 1. Parks. recreation and open lands, except neighborhood parks as defined by the Parks and Recreation Policy Plan. 2. Cemeteries. 3. Public facilities. (b) Industrial Uses. 1. Composting facilities. (c) Accessory/Miscellaneous Uses: 1. Agricultural activities. 21 2. Wireless telecommunication equipment. 3. Wireless telecommunication facilities. Section 40. That Section 4.11(13)(2) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (2) The following uses arc permitted in the R-C District subject to administrative review: (a) Residential Uses: 1. Single-family detached dwellings on lots forty (40) acres or larger. (b) Institution al/Public/Civic Uses: 1. Public facilities. 2. Parks, recreation and open lands, except neighborhood parks as defined by the Parks and Recreation Policy Plan. (c) Industrial Uses. 1. Composting facilities. (d) Accessory/Miscellaneous Uses: 1. Farm animals. 2. Agricultural activities. Section 41. That Section 4.11(E)(4)(e)3. of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: 3. Unclad chain link fences that are visible from public areas, arterial or collector streets, are prohibited. Section 42. That part B of the chart contained in Section 4.12(B)(2) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: 22 P. a H w Places of worship or Not Permitted Type I Not Permitted assembly Public and private BP Type I Type 1 schools (colleges, universities, vocation training) Public and private Type 2 Type 2 Type 2 schools (elementary, intermediate and high school education) Community facilities Type 1 Type 1 Type 1 Conference/ BP Type 2 Type 2 convention center Long-term care Type 2 Type 2 Type 2 facilities Public facilities BP Type I Type 1 Parks, recreation and Type 1 Type 1 Type I other open lands, except neighborhood parks as defined by the Parks and Recreation Policy Plan Transit facilities Type 2 Type 2 Type 2 (without repair/storage) Jails, detention and Not Permitted Not Permitted Type 2 penal centers KA- >Section 43. That Section 4.13(13)(2)(a) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: 23 (2) The following uses are permitted in the R-D-R District, subject to administrative review: (a) Residential Uses: l. Single-family attached dwellings. 2. Single-family detached dwellings containing no more than eight hundred (800) square feet of floor area, constructed on lots which contain existing dwellings. 3. Two-family dwellings. 4. Multi-family dwellings. 5. Group homes for up to eight (8) developmentally disabled or elderly persons. 6. Mixed-use dwelling units. Section 44. That Section 4.13(B)(3)(a) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (3) The following uses are permitted in the R-D-R District, subject to Planning and Zoning Board review: (a) Residential Uses: 1. Group homes other than those in 2(a) above. 2. Boarding and rooming houses. Section 45. That Section 4.14(B)(2)(a) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (2) The following uses are permitted in the C-C District, subject to administrative review: (a) Residential Uses: 1. Single-family attached dwellings. 2. Two-family dwellings. 24 3. Multi-family dwellings. 4. Group homes. 5. Boarding and rooming houses. 6. Mixed-use dwelling units. Section 46. That Section 4.14(B)(2)(c) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (c) Commercial/Retail Uses: 1. Bed and breakfast establishments. 2. Standard restaurants. 3. Fast food restaurants. 4. Clubs and lodges. 5. Health and membership clubs. 6. Funeral homes. 7. Grocery stores. 8. Personal and business service shops. 9. Convenience retail stores without fuel sales. 10. Offices, financial services and clinics. 11. Artisan and photography studios and galleries. 12. Equipment rental establishments (without outdoor storage). 13. Retail establishments. 14. Limited indoor recreation establishments. 15. Gasoline stations. 25 16. Bars and taverns. 17. Veterinary facilities and small animal clinics. 18. Lodging establishments. 19. Child care centers. 20. Open-air farmers markets. 21. Dog day-care facilities. Section 47. That Section 4.14(B)(3)(a) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (a) Residential Uses: 1. Fraternity and sorority houses. Section 48. That Section 4.15(B)(2)(a) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (a) Residential Uses: 1. Single-family detached dwellings on lots containing less than six thousand (6,000) square feet. 2. Two-family dwellings. 3. Single-family attached dwelling. 4. Multi-family dwellings. 5. Group homes for up to eight (8) developmentally disabled or elderly persons. 6. Boarding and rooming houses. 7. Mixed-use dwelling units. Section 49. That Section 4.15(B)(2)(c) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: 26 (c) Commercial/Retail Uses: 1. Bed and breakfast establishments. 2. Standard and fast food restaurants. 3. Grocery stores. 4. Personal and business service shops. 5. Offices, financial services and clinics. 6. Clubs and lodges. 7. Bars and taverns. 8. Funeral homes. 9. Artisan and photography studios and galleries. 10. Open-air farmers markets. 11. Entertainment facilities and theaters. 12. Convenience retail stores without fuel sales. 13. Limited indoor recreation establishments. 14. Veterinary facilities and small animal clinics. 15. Retail establishments. 16. Lodging establishments. 17. Child care centers. 18. Dog day-care facilities. Section 50. That Section 4.15(B)(3)(a) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (a) Residential Uses: 27 1. Group homes, other than allowed in subparagraph (2)(a)6 above. Section 51. That Section 4.16(B)(2)(a) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (a) Residential Uses: 1. Single-family attached dwellings. 2. Two-family dwellings. 3. Group homes. 4. Multi-family dwellings. 5. Mixed-use dwelling units. Section 52. That Section 4.16(B)(2)(c) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (c) Commercial/Retail Uses: 1. Bed and breakfast establishments. 2. Standard and fast food restaurants. 3. Grocery stores. 4. Personal and business service shops. 5. Offices. financial services and clinics. 6. Artisan and photography studios and galleries. 7. Health and membership clubs. 8. Entertainment facilities and theaters. 9. Lodging establishments. 10. Clubs and lodges. 11. Limited indoor recreation establishments. 28 12. Convenience retail stores without fuel sales. I Veterinary facilities and small animal clinics. 14. Child care centers. 15. Dog day-care facilities. Section 53. That Section 4.16(B)(3)(a) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (a) Residential Uses: 1. Boarding and rooming houses. 2. Single-family detached houses located on lots containing no more than six-thousand (6,000) square feet. 3. Fraternity and sorority houses. Section 54. That Section 4.16(D) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (D) Development Standards. (1) Prospect Road Streetscape Program. (a) All development in this zone district that is located within the planning area for the Prospect Road Streetscape Program shall also comply with the Prospect Road Streetscape Standards as adopted by the city, to the extent that such Standards apply to the property proposed to be developed. (2) Streets and Connections. (a) To the extent reasonably feasible, the layout of new streets and walkways on-site shall emphasize the characteristics and views of the River landscape utilizing special street design features such as divided lanes, landscape islands, curb bulges and 29 landscape solutions to drainage instead of standard curb and gutter. (3) Buildings. (a) Massing and placement. 1. Height/Mass. The maximum building height shall be three (3) stories. If multi- story buildings are included in a development, such buildings shall be designed to step down to one (1) story directly adjacent to the natural area protection buffer. 2. Parking lots. Buildings shall be sited so that any new parking lots and vehicle use areas are located in either: 1) interior block locations between buildings that face the street and buildings that face the River, or 2) side yards. 3. Frequent views/access. No building wall shall exceed one hundred twenty-five (125) feet on the axis along the River. (b) Character and image. 1. Outdoor spaces. Buildings and extensions of buildings shall be designed to form outdoor spaces such as balconies, arcades, terraces. decks or courtyards, and to integrate development with the landscape to the extent reasonably feasible. 2. Windows. Windows shall be individually defined with detail elements such as frames, sills and lintels, and placed so as to visually establish and define the building stories and establish human scale and proportion. Glass curtain walls and spandrel-glass strip windows shall not be used as the predominant style of fenestration for buildings in this District. This requirement shall not serve to restrict the use of atrium, 30 lobby or greenhouse-type accent features used as embellishments to the principal building. 3. Rooflines. A minimum pitch of 8:12 shall be used for gable and hip roofs to the maximum extent feasible. Where hipped roots are used alone, the minimum pitch shall be 6:12. Flat-roofed buildings shall feature three-dimensional cornice treatment on all walls facing streets, the River or connecting walkways, unless they are stepped and terraced back to form a usable roof terrace area(s). A single continuous horizontal roofline shall not be used on one- story buildings except as part of a design style that incorporates corbelled masonry and/or cornices. (c) Color/Materials. 1. Predominant building colors shall be subdued or neutral shades, within a medium or moderately dark range of value, and not white or reflective. 2. Textured unit masonry such as brick, stone and tinted, variously textured concrete masonry units, as well as treated wood siding, shall be used in repeating pattern as integral parts of the building fabric to the maximum extent feasible. Any other exterior materials, if used, shall be used as integral parts of the overall building fabric, in repeating modules, proportioned both horizontally and vertically to relate to human scale, and with enough depth at joints between architectural elements to cast shadow,;. (4) Site Design. (a) Landscaping/Vegetation Protection. The natural qualities of the River landscape shall be maintained and enhanced using plants and landscape materials 31 native to the River corridor in the design of site and landscape improvements. Section 55. That Section 4.17(B)(2)(a) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (a) Residential Uses: 1. Single-family attached dwellings. 2. Two-family dwellings. 3. Multi-family dwellings. 4. Group homes. 5. Boarding and rooming houses. 6. Mixed-use dwelling units. Section 56. That Section 4.17(B)(2)(c) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (c) Commercial/Retail Uses: 1. Bed and breakfast establishments. 2. Standard and fast food restaurants. 3. Convenience retail stores without fuel sales. 4. Convenience retail stores with fuel sales. 5. Personal and business service shops. 6. Offices. financial services and clinics. 7. Artisan and photography studios and galleries. 8. Retail establishments. 9. Retail stores with vehicle servicing. 10. Limited indoor recreation establishments. 32 11. Vehicle minor repair, servicing and maintenance establishments. 12. Equipment rental establishments (without outdoor storage). 13. Equipment, truck and trailer rental. 14. Lodging establishments. 15. Frozen food lockers. 16. Funeral homes. 17. Gasoline stations. 18. Health and membership clubs. 19. Open-air farmers markets. 20. Plant nurseries and greenhouses. 21. Plumbing, electrical and carpenter shops. 22. Clubs and lodges. 23. Veterinary facilities and small animal clinics. 24. Dog day-care facilities. Section 57. That Section 4.17(B)(3) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (3) The following uses are permitted in the C District, subject to review by the Planning and Zoning Board: (a) Institution a I/C iv ic/Public Uses: 1. Public and private schools, including colleges, universities, vocational and technical training. 2. Community facilities. 33 3. Hospitals. (b) Commercial/Retail Uses: 1. Drive-in restaurants. 2. Recreational uses. 3. Large retail establishments. 4. Vehicle major repair, servicing and maintenance establishments. 5. Vehicle and boat sales and leasing establishments with outdoor storage. 6. Enclosed mini-storage. 7. Retail and supply yard establishments with outdoor storage. 8. Parking lots and parking garages (as a principal use). 9. Child care centers. 10. Unlimited indoor recreational uses and facilities. (c) Industrial Uses. 1. Composting facilities. Section 58. That Section 4.17(E) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (E) Development Standards. (1) Prospect Road Streetscape. (a) All development in this zone district that is located within the planning area for the Prospect Road Streetscape Program shall also comply with the Prospect Road Streetscape Program Standards 34 contained in that document as adopted by the city, to the extent that such Standards apply to the property proposed to be developed. (2) Site Design. (a) Pedestrian-oriented outdoor spaces shall be placed next to activity areas that generate the users (such as street corners, shops, stores, offices, day care and dwellings). Because liveliness created by the presence of people is the main key to the attractiveness of such spaces, to the maximum extent feasible, the development shall link outdoor spaces to and make them visible from streets and sidewalks. Sculpture, kiosks or shelters are encouraged to be prominently placed in outdoor spaces. (b) In multiple-building developments, outdoor spaces and landscaped areas shall be integral to an open space system in conjunction with streets and connections, and not merely residual areas left over after buildings and parking lots are sited. Section 59. That Section 4.18(13)(2)(a) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (a) Residential Uses: 1. Single-family detached dwellings located on lots containing less than six thousand (6,000) square feet.* 2. Two-family dwellings.* 3. Single-family attached dwellings.* 4. Multi-family dwellings.* 5. Group homes.* 6. Boarding and rooming houses.* 7. Mixed-use dwelling units. 35 * Not allowed within two hundred(200) feet of North College Avenue. Section 60. That Section 4.18(B)(2)(c) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (c) Commercial/Retail Dses: 1. Bed and breakfast establishments. 2. Standard and fast food restaurants. 3. Clubs and lodges. 4. Convenience retail stores without fuel sales. 5. Convenience retail stores with fuel sales. 6. Personal and business service shops. 7. Gasoline stations. 8. Offices. financial services and clinics. 9. Artisan and photography studios and galleries. 10. Retail establishments. 11. Retail stores with vehicle servicing. 12. Vehicle minor repair, servicing and maintenance establishments. 13. Major vehicle repair, servicing and maintenance establishments. 14. Vehicle and boat sales establishments with outdoor storage.* 15. Equipment rental establishments (without outdoor storage). 16. Equipment, truck and trailer rental establishments. 36 17. Limited indoor recreation establishments. 18. Bars, taverns and nightclubs. 19. Entertainment facilities and theaters. 20. Funeral homes. 21. Retail and supply yard establishments with outdoor storage. 22. Parking lots and parking garages (as a principal use). 23. Veterinary facilities and small animal clinics. 24. Veterinary hospitals. 25. Health and membership clubs. 26. Recreational uses. 27. Plant nurseries and greenhouses. 28. Enclosed mini-storage facilities, if located at least two hundred (200) feet from North College Avenue. 29. Plumbing, electrical and carpenter shops. 30. Lodging establishments. 31. Child care centers. 32. Unlimited indoor recreational uses and facilities. 33. Dog day-care facilities. * Automobile sales and rental uses shall be limited to ten (10) percent of the total linear frontage of both sides of North College Avenue between Vine Drive and the northern city limits or the intersection of North College Avenue and State Highway 1, whichever results in the shortest linear distance. 37 Section 61. That Section 4.18(B)(2)(d) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (d) Industrial Uses: 1. Warehouses and distribution facilities if located at least two hundred (200) feet from North College Avenue. 2. Light industrial uses. 3. Research laboratories. 4. Workshop and custom small industry uses. 5. Warehouses. Section 62. That Section 4.18(B)(3) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (3) The following uses are permitted in the C-N District, subject to review by the Planning and Zoning Board: (a) CommerciaMetail Uses: 1. Drive-in restaurants. 2. Large retail establishments. (b) Industrial Uses: 1. Recycling facilities. 2. Transport terminals (truck terminals, public works yards, container storage). Section 63. That Section 4.19(B)(2)(a) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (a) Residential Uses: l. Single-tamily attached dwellings. 2. Two-family dwellings. 38 3. Group homes for up to eight (8) developmentally disabled or elderly persons. 4. Mixed-use dwelling units. Section 64. That Section 4.19(B)(2)(c) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (c) Commercial/Retail Uses: 1. Standard restaurants. 2. Fast food restaurants. 3. Health and membership clubs. 4. Grocen stores. 5. Open-air farmers markets. 6. Personal and business service shops. 7. Convenience retail stores, without fuel sales. 8. Convenience retail stores with fuel sales, provided they are at least three thousand nine hundred sixty (3,960) feet (1/4 mile) from the nearest convenience retail store. 9. Offices. financial services and clinics. 10. Artisan and photography studios and galleries. 11. Retail establishments. 12. Vehicle minor repair, servicing and maintenance establishments (indoor). 13. Limited indoor recreation. 14. Gasoline stations. 15. Veterinary facilities and small animal clinics. 39 16. Child care centers. 17. Equipment rental establishments without outdoor storage. 18. Dog day-care facilities. Section 65. That Section 4.19(13)(3)(a) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (a) Residential Uses: 1. Multi-family dwellings. 2. Boarding and rooming houses. Section 66. That Section 4.20(B)(1)(c) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (c) Commercial/Retail Uses: 1. Vehicle minor repair, servicing and maintenance establishments. 2. Vehicle major repair, servicing and maintenance establishments. 3. Vehicle sales, leasing and rentals with outdoor storage. 4. Child care centers. 5. Entertainment facilities and theaters. 6. Clubs and lodges. 7. Offices. financial services and clinics. 8. Parking lots and garages (as a principal use). 9. Personal and business service shops. 10. Plumbing, electrical and carpenter shops. 40 11. Standard restaurants. 12. Fast lbod restaurants. 13. Frozen food lockers. 14. Retail establishments. 15. Limited indoor recreation. 16. Veterinarian facilities and small animal clinics. 17. Veterinary hospitals. 18. Dog day-care facilities. Section 67. That Section 4.20(B)(1)(d) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (d) Industrial Uses: 1. Workshops and custom small industry uses. 2. Transportation terminals (truck, container storage). 3. Warehouses. 4. Warehouse and distribution facility. Section 68. That Section 4.20(B)(2) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (2) The following uses are permitted in the C-L District, subject to administrative review, provided that any nonresidential use shall be separated from abutting residential land uses and residential zone districts by a solid fence or wall at least six (6) feet in height: (a) Residential Uses: 1. Mixed use dwelling units. (b) Institutional/Civic/Public Uses: 41 I. Public and private schools for college, university vocational or technical training. 2. Parks, recreation and other open lands, except neighborhood parks as defined by the Parks and Recreation Policy Plan. 3. Public facilities. (c) Commercial/Retail Uses: 1. Convenience retail stores without fuel sales. 2. Convenience retail stores with fuel sales. 3. Bars and taverns. 4. Gasoline stations. 5. Farm implement and heavy equipment sales. 6. Lodging establishments. 7. Mobile home, recreational vehicle and truck sales and leasing. 8. Funeral homes. 9. Drive-in restaurants. (d) Accessory/Miscellaneous Uses: l. Wireless telecommunication equipment. 2. Wireless telecommunication facilities. Section 69. That Section 4.20(B)(3) is hereby deleted in its entirety. Section 70. That Section 4.21(D)(2) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (2) Dimensional standards. 42 (a) Maximum building height for all nonresidential uses shall be six (6) stories. Maximum building height for residential uses shall be three (3) stories. (b) All new structures greater than eighty thousand (80,000) square feet in gross leasable area shall be subject to Planning and Zoning Board review. (c) Any building addition that exceeds eighty thousand (80,000) square feet in gross leasable area and exceeds twenty-five (25) percent of the gross leasable area of the existing building shall be subject to Planning and Zoning Board review. Section 71. That Section 4.21(E)(3) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (3) Building Design. ro the extent reasonably feasible, industrial buildings shall provide a primary entrance that faces and opens directly onto the adjacent street sidewalk or a walkway, plaza or courtyard that has direct linkage to the street sidewalk without requiring pedestrians to cross any intervening driveways or parking lots. The following exceptions shall be permitted to this standard and to the requirements contained in Section 3.5.3(B): (a) Buildings may orient away from the street if the development provides a campus or park-like development block with a unifying, formative internal framework of outdoor spaces and connecting walkways that functions as an alternative to street sidewalks by organizing and connecting buildings within the site and directly connecting to common destinations in the district (such as transit stops, restaurants, child care facilities and convenience shopping centers). Such an internal network shall provide direct pedestrian access to the street sidewalk(s). (b) The streetfront orientation requirement may be met by facing only a portion of the front facade to the adjacent street with no intervening front yard parking, provided that the streetfront facade adjoins a landscaped yard with a connecting walkway. Such building face shall not consist of a blank wall. 43 In no case shall the streetfront facade be less than thirty (30) percent of the building frontage. Section 72. That Section 4.22(B)(2)(b) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (b) Commercial/Retail Uses: 1. Offices, financial services and clinics. 2. Bars and taverns. 3. Veterinary facilities and small animal clinics. 4. Clubs and lodges. 5. Parking lots and parking garages (as a principal use). 6. Child care centers. 7. Plant nurseries and greenhouses. S. Dog day-care facilities. Section 73. That Section 4.22(B)(2)(c) of' the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (c) Industrial Uses: 1. Light industrial uses. 2. Research laboratories. 3. Workshops and custom small industry uses. 4. Warehouses. 5. Composting facilities. Section 74. That Section 4.22(D) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (D) Land Use Standards. 44 (I) Prospect Road Streetscape Program. All development in this zone district that is located within the planning area for the Prospect Road Streetscape Program shall also comply with the Prospect Road Streetscape Standards as adopted by the city, to the extent that such Standards apply to the property proposed to be developed. (2) Secondary Uses. The following permitted uses shall be considered secondary uses in the E zone district and together shall occupy no more than twenty-five (25) percent of the total gross area of the development plan. (a) Veterinary facilities and small animal clinics. (b) Clubs and lodges. (c) Child care centers. (d) Residential uses. (e) Standard Restaurants. (f) Lodging establishments. (g) Bed and breakfast establishments. (h) Funeral homes. (i) Health and membership clubs. 0) Convenience shopping centers. If single-family detached dwellings are provided, at least an equivalent number of non-single-family detached dwelling units shall also be provided. (3) Dimensional Standards. (a) Maximum building height for all nonresidential uses shall be four (4) stories. Maximum building height for residential uses shall be three (3) stories. 45 (b) All new structures greater than fifty thousand (50,000) square feet in gross leasable area shall be subject to Planning and Zoning Board review. (c) Any building addition that exceeds fifty thousand (50,000) square feet in gross leasable area and exceeds twenty-five (25) percent of the gross leasable area of the existing building shall be subject to Planning and Zoning Board review. Section 75. That Section 4.22(E)(1)(c) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (c) Except for off street parking and loading areas, all veterinary hospitals and all industrial uses (except commercial composting) shall be carried out entirely within completely enclosed buildings or structures. Section 76. That Section 4.22(E)(2) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (2) Building Design. To the extent reasonably feasible, industrial buildings shalt provide a primary entrance that faces and opens directly onto the adjacent street sidewalk or a walkway, plaza or courtyard that has direct linkage to the street sidewalk without requiring pedestrians to cross any intervening driveways or parking lots. The following exceptions shall be permitted to this standard and to the requirements contained in Section 3.5.3(B): (a) Buildings may orient away from the street if the development provides a campus or park-like development block with a unifying, formative internal framework of outdoor spaces and connecting walkways that functions as an alternative to street sidewalks by connecting buildings within the site and directly connecting to common destinations in the district (such as transit stops, restaurants, child care facilities and convenience shopping centers). Such an internal network shall provide direct pedestrian access to the street sidewalk(s). 46 (b) The streetfront orientation requirement may be met by facing only a portion of the front facade to the adjacent street with no intervening front yard parking, provided that the streetfront facade adjoins a landscaped yard with a connecting walkway. Such building face shall not consist of a blank wall. In no case shall the streetfront facade be less than thirty (30) percent of the building frontage. Section 77. That Section 4.23(13)(2)(b) of the Land Use Code of the City of .Fort Collins is hereby amended to read as follows: (b) Commercial/Retail Uses: 1. Offices. financial services and clinics. 2. Plumbing, electrical and carpenter shops. 3. Artisan and photography studios and galleries. 4. Retail stores with vehicle servicing. 5. Vehicle minor repair, servicing and maintenance establishments. 6. Vehicle major repair, servicing and maintenance establishments. 7. Equipment, truck and trailer rental establishments. 8. Parking lots and parking garages (as principal use). 9. Plant nurseries and production greenhouses. 10. Health and membership clubs. 11. Veterinary facilities and small animal clinics. 12. Clubs and lodges. 13. Frozen food lockers. 47 14. Enclosed mini-storage facilities. 15. Equipment rental without outdoor storage. 16. Gasoline stations. 17. Unlimited indoor recreational uses and facilities. 18. Dog day-care facilities. Section 78. That Section 4.23(B)(2)(c) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (c) Industrial Uses: 1. Warehouses. 2. Light industrial uses. 3. Heavy industrial uses. 4. Research laboratories. 5. Recycling facilities. 6. Workshops and custom small industry uses. 7. Recreational vehicle, boat and truck storage. 8. Warehouse and distribution facility. 9. Composting facilities. Section 79. That Section 4.23(B)(3)(c) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (c) Commercial/Retail. None of the following permitted commercial/retail uses shall exceed twenty-five thousand (25,000) square feet in gross leasable area: 1. Animal boarding. 48 2. Standard and fast food restaurants. 3. Bars and taverns. 4. Bed and breakfast establishments. 5. Convenience retail stores with fuel sales, provided they are at least three thousand nine hundred sixty (3,960) feet (3/4 mile) from the nearest convenience retail store. 6. Retail and supply yard establishments with outdoor storage. 7. Child care centers. 8. Veterinary hospitals. 9. Convenience shopping centers. 10. Recreational uses. 11. Vehicle and boat sales and leasing establishments with outdoor storage. 12. Sales and leasing of mobile homes, farm implements, heavy excavation equipment. 13. Adult oriented uses. 14. Drive-in restaurants (only if located in a convenience shopping center). Section 80. That Section 4.23(D)(1) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (1) Dimensional Standards. (a) Maximum building height for all nonresidential uses shall be four (4) stories. Maximum building height for residential uses shall be three(3) stories. (b) All new structures greater than fifty thousand (50,000) square feet in gross leasable area shall be subject to Planning and Zoning Board review. 49 (c) Any building addition that exceeds fifty thousand (50,000) square feet in gross leasable area and exceeds twenty-five (25) percent of the gross leasable area of the existing building shall be subject to Planning and Zoning Board review. Section 81. That Section 4.23(E) of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: (E) Development Standards. (1) Prospect Road Streetscape Program. All development in this zone district that falls within the planning area for the Prospect Road Streetscape Program shall also comply with the Prospect Road Streetscape Program Standards as adopted by the city, to the extent that such Standards apply to the property proposed to be developed. (2) Building Design. (a) Applicability of Section 3.5. Compliance with the standards contained in Section 3.5.3 shall be required only for the following permitted uses in this zone district: Section 4.23(B)(3)(c)2. Standard and Fast Food Restaurants Section 4.23(B)(3)(c)3. Bars and Taverns Section 4.23(B)(3)(c)4. Bed and Breakfast Establishments Section 4.23(B)(3)(c)7. Child Care Centers Section 4.23(B)(3)(c)9. Convenience Shopping Centers (b) Orientation. Along arterial streets and any other streets that directly connect to other districts, buildings shall be sited so that a building face abuts upon the required minimum landscaped yard for at least thirty (30) percent of the building frontage. Such a building face shall not consist of a blank wall. 50 (c) Building character and color. New building color shades shall be neutral, with a medium or dark color range, and not white, bright or reflective. (3) Sile Design. (a) Screening. 1. Industrial and commercial activities shall not be located adjacent to a residential area unless the activities and related storage are contained within a building or otherwise completely screened from view from the residential area. 2. A minimum thirty-foot deep landscaped yard shall be provided along all arterial streets, and along any district boundary line that does not adjoin a residential land use. If a district boundary line abuts upon or is within a street right-of-way, then the required landscaped yard shall commence at the street right-of-way line on the district side of the street, rather than at the district boundary line. 3. A minimum eighty-foot deep landscaped yard shall be provided along any boundary line that adjoins a residential land use or a zone district (whether within or beyond the City's jurisdictional boundary) that is predominately characterized by residential uses as permitted uses. This residential buffer yard may be reduced to thirty (30) feet if the adjoining residential land use or zone district (whether within or beyond the City's jurisdictional boundary) is separated by a public street. (b) Storage and Operational Areas. 1. Storage, loading and work operations shall be screened from view along all district boundary lines. 51 2. Within internal District areas, buildings may be surrounded by paving for vehicle use. To the extent reasonably feasible, side and rear yards in interior block locations shall be used for vehicle operations and storage areas, and front yards shall be used for less intensive automobile parking. At District edges, side yards shall be used for vehicle operations and storage areas, in order to allow for a finished, attractive rear building wall and a landscaped rear yard. Section 82. That Section 5.1.2 of the Land Use Code of the City of Fort Collins is hereby amended to add the following definition to read as follows: Composting facility shall mean any site where decomposition processes are used on solid waste (including leaves, grass, manures, and non-meat food production wastes received from residential, commercial, industrial non-hazardous, and community sources, but not including bio-solids) to produce compost; provided that such facility has on-site at any given time more than one thousand (1,000) cubic yards or three hundred (300) dry tons of active composting material or feedstock. Section 83. That Section 5.1.2 of the Land Use Code of the City of Fort Collins is hereby amended to add the following definition to read as follows: Dog day-care facility shall mean a facility providing such services as canine day care for all or part of a day, obedience classes, training, grooming, and/or behavioral counseling, provided that overnight boarding is not permitted. Section 84. That the definition of"Floor area" in Section 5.1.2 of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: Floor area shall mean the gross floor area of a building as measured along the outside walls of the building and including each floor level, but not including open balconies, the first 720 (seven hundred twenty) square feet of garages or other enclosed automobile parking areas. basements and one-half ('/z) of all storage and display areas for hard goods. Section 85. That the definition of "Fraternity and sorority houses" in Section 5.1.2 of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: Fraternity and sorority houses shall mean residences housing students in organizations established primarily to promote friendship and welfare among the 52 members, (i.e., Greek-letter social fraternities and similar organizations) and which residences are affiliated with Colorado State University. Section 86. That the definition of"Gross leasable area" in Section 5.1.2 of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: Gross leasable area shall mean the total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines and upper floors, if any, expressed in square feet measured from centerlines of joint partitions and exteriors of outside walls. Section 87. That Section 5.1.2 of the Land Use Code of the City of Fort Collins is hereby amended to add the following definition to read as follows: Outdoor cafe shall mean that portion of a restaurant with tables located on the sidewalk or other open area in front of or adjoining the restaurant premises. Section 88. That the definition of"Restaurant, drive-in" in Section 5.1.2 of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: Restaurant, drive-in shall mean any establishment in which the principal business is the sale of foods and beverages to the customer in a ready-to-consume state and in which the design or principal method of operation of all or any portion of the business is to allow food or beverages to be served directly to the customer in a motor vehicle without the need for the customer to exit the motor vehicle. Section 89. That the definition of "Restaurant, fast food" in Section 5.1.2 of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: Restaurant,fastfood shall mean any establishment in which the principal business is the sale of food and beverages to the customer in a ready-to-consume state, and in which the design or principal method of operation includes both of the following characteristics: (1) food and beverages are usually served in edible containers or in paper, plastic or other disposable containers; (2) the consumption of food and beverages is encouraged or permitted within the restaurant building. elsewhere on the premises or for carryout; and (3) there is no drive-in facility as a part of the premises. Section 90. That the definition of"Restaurant, standard" in Section 5.1.2 of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: 53 Restaurant, standard shall mean any establishment in which the principal business is the sale of food and beverages to customers in a ready-to-consume state; where fermented malt beverages, and/or malt, special malt or vinous and spirituous liquors may be produced on the premises as an accessory use; and where the design or principal method of operation includes one (1) or both of the following characteristics: Section 91. That the definition of "Street" in Section 5.1.2 of the Land Use Code of the City of Fort Collins is hereby amended to read as follows: Street shall mean a public way (whether publicly or privately owned) used or intended to be used for carrying vehicular, bicycle and/or pedestrian traffic and shall include the entire area within the public right-of-way and/or public access easement. Section 92. That the Land Use Code of the City of Fort Collins is hereby amended by changing all references from "Director of Engineer" to "City Engineer" in Articles 3, 4, and 5. Section 93. That all section numbering in the Land Use Code that is affected by this ordinance be changed to correspond to the renumbering caused by reason of this ordinance. Introduced, considered favorably on first reading, and ordered published in summary form this 1st day of December, A.D. 1998, and be presented for final passage on the 15th day of December, A.D. 1998. Mayor Pro Tern ATTEST: IL,%)k via City Clerk Passed and adopted on final reading this 15th day of Depeffib3 A.D. 19 yor ATTESnnT: - City Clerk 54