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HomeMy WebLinkAbout014 - 02/20/1996 - AMENDING CITY CODE BY INCORPORATING INTO THE ZONING CODE CHANGES TO PROMOTE AND IMPLEMENT OBJECTIVES ORDINANCE NO. 14, 1996 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 29 OF THE CODE OF THE CITY BY INCORPORATING INTO THE ZONING CODE CERTAIN CHANGES FOR THE PURPOSE OF PROMOTING AND IMPLEMENTING THE OBJECTIVES OF THE EASTSIDE AND WESTSIDE NEIGHBORHOOD PLANS WHEREAS, the Council,pursuant to Resolution 86-58, adopted the Eastside Neighborhood Plan and incorporated said plan into the Comprehensive Plan of the City; and WHEREAS, the Council, pursuant to Resolution 89-135, adopted the Westside Neighborhood Plan and incorporated said plan into the Comprehensive Plan of the City; and WHEREAS, in pursuance of the policies established in the aforesaid plans, certain amendments to Chapter 29 of the Code (the Zoning Code) have been proposed, including, among other things, amendments to the N-C-L,Neighborhood Conservation Low Density District,the N-C- M,Neighborhood Conservation Medium Density District, and N-C-B,Neighborhood Conservation Buffer District for the purpose of adding certain area, appearance and location requirements and for the purpose of amending the off-street parking/vehicular uses requirements and adding new screening requirements; and WHEREAS,the Council has determined that the proposed amendments to the Zoning Code would be a valuable tool in promoting the objectives of the Plans; and WHEREAS,the Council has further determined that it is in the best interests of the City that Chapter 29 of the Code of the City be amended as hereafter provided for the purpose of implementation of the aforesaid Plans. NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the definition of Dwelling, as contained in Section 29-1 of the Code of the City, is hereby amended to read as follows: Dwelling shall mean a building used exclusively for residential occupancy, including single-family dwellings,two-family dwellings and multifamily dwellings, and which contains: (a) a minimum of 800 square feet of floor area,or, (b)in the case of a dwelling to be constructed on the rear portion of a lot in the N-C-L, N-C-M and N-C-B zoning districts, a minimum of 400 square feet of floor area, so long as a dwelling already exists on the front portion of such lot. The term dwelling shall not include hotels, motels, tents or other structures designed or used primarily for temporary occupancy. Any dwelling shall be deemed to be a principal building. Section 2. That the title to Section 29-119 of the Code be amended to read as follows: Sec. 29-119. Bulk, area, appearance and location requirements. Section 3. That Section 29-119 (1) of the Code be amended to read as follows: Sec. 29-119. Bulk,area,appearance and location requirements. (1) Minimum lot area shall be equivalent to at least three (3)times the total floor area of the building(s),but not less than six thousand(6000) square feet. For the purposes of this subsection, "total floor area" shall mean the total gross floor area of all principal buildings, and of all accessory buildings larger than 120 square feet, located on a lot, as measured along the outside walls of each building,including each finished or unfinished floor level, but not including open balconies or basements. Section 4. That Section 29-119 (5) of the Code be amended to read as follows: Sec. 29-119. Bulk, area, appearance and location requirements. (5) Minimum side yard width shall be five (5) feet for all interior side yards. Whenever any portion of a wall or building exceeds eighteen (18) feet in height,such portion of the wall or building shall be set back from the interior side lot line an additional one (1) foot, beyond the minimum required, for each two (2) feet or fraction thereof of wall or building height that exceeds eighteen (18) feet in height. Minimum side yard width shall be fifteen (15) feet on the street side of any comer lot. Section 5. That Section 29-119 of the Code be amended by the addition of new subsections (7), (8), (9), (10), (11), (12), (13) (14) and (15) to read as follows: Sec. 29-119. Bulk,area, appearance and location requirements. (7) All exterior walls of a building that are greater than six(6)feet in length shall be constructed parallel to or at right angles to the side lot lines of the lot whenever the lot is rectilinear in shape. (8) The primary entrance to a dwelling shall be located along the front wall of the building,unless otherwise required for handicap access. Such entrance shall include an architectural feature such as a porch, landing or portico. (9) Accessory buildings and attached garages shall have a front yard setback that is at least 10 feet greater than the front setback of the principal building that is located on the front portion of the lot. (10) A roof-top or second floor addition shall not overhang the lower front or side exterior walls of the existing building. 2 (11) Any new dwelling that is proposed to be constructed between the back of an existing dwelling and the rear property line of the lot on which both dwellings will be located shall contain a maximum of 800 square feet of floor area. Such new dwelling may be located in any area of the rear portion of such lot provided that it complies with the setback requirements of this zoning district. (12) Front porches shall be limited to one story, and the front facades of all one and two family dwellings shall be no higher than two stories. (13) In the event that a new dwelling is proposed to be constructed on the rear portion of a lot which has frontage on two (2) streets and an alley, the front of such new dwelling shall face the street. (14) The minimum pitch of the roof of any building shall be 2:12 and the maximum pitch of the roof of any building shall be 12:12, except that additions to existing dwelling units may be constructed with a pitch that matches any roof pitch of the existing dwelling unit. (15) A maximum of 40% of the front yard of a lot may be covered with inorganic material such as asphalt or cement concrete,paving stone, flagstone, rock or gravel. Section 6. That the Code of the City of Fort Collins is hereby amended by adding a new section, to be numbered Section 29-121, which section shall read as follows: See. 29-121. Planned Unit Developments. Development of areas in the N-C-L District as a Planned Unit Development plan as defined, processed and approved according to §29-526 may not vary the requirements of this Subdivision. Section 7. That the title to Section 29-167 of the Code be amended to read as follows: Sec. 29-167. Bulk,area,appearance and location requirements. Section 8. That Section 29-167 (1) of the Code be amended to read as follows: Sec. 29-167. Bulk,area,appearance and location requirements. (1) Minimum lot area shall be the equivalent of two(2) times the total floor area of the building(s), but not less than the following: five thousand (5,000) square feet for a one-family or two-family dwelling and six thousand(6,000) square feet for all other uses. For the purposes of this subsection, "total floor area" shall mean the total gross floor area of all principal buildings, and of all 3 accessory buildings larger than 120 square feet, located on a lot, as measured along the outside walls of each building, including each finished or unfinished floor level, but not including open balconies or basements. Section 9. That Section 29-167 (5) of the Code be amended to read as follows: Sec. 29-167. Bulk, area, appearance and location requirements. (5) Minimum side yard width shall be five (5) feet for all interior side yards. Whenever any portion of a wall or building exceeds eighteen (18) feet in height,such portion of the wall or building shall be set back from the interior side lot line an additional one (1) foot, beyond the minimum required, for each three two (2) feet or fraction thereof of wall or building height that exceeds eighteen (18) feet in height. Minimum side yard width shall be fifteen (15) feet on the street side of any corner lot. Notwithstanding the foregoing, minimum side yard width for school and church uses shall be twenty-five (25) feet(for both interior and street sides). Section 10. That Section 29-167 of the Code be amended by the addition of new subsections (7), (8), (9), (10), (11), (12), (13), (14) and (15) to read as follows: Sec. 29-167. Bulk, area, appearance and location requirements. (7) All exterior walls of a building that are greater than six (6)feet in length shall be constructed parallel to or at right angles to the side lot lines of the lot whenever the lot is rectilinear in shape. (8) The primary entrance to a dwelling shall be located along the front wall of the building, unless otherwise required for handicap access. Such entrance shall include an architectural feature such as a porch, landing or portico. (9) Accessory buildings and attached garages shall have a front yard setback that is at least 10 feet greater than the front setback of the principal building that is located on the front portion of the lot. (10) A roof-top or second floor addition shall not overhang the lower front or side exterior walls of the existing building. (11) Any new dwelling that is proposed to be constructed between the back of an existing dwelling and the rear property line of the lot on which both dwellings will be located shall contain a maximum of 800 square feet of floor area. Such new dwelling may be located in any area of the rear portion of such lot provided that it complies with the setback requirements of this zoning district. 4 (12) Front porches shall be limited to one story, and the front facades of all one and two family dwellings shall be no higher than two stories. (13) In the event that a new dwelling is proposed to be constructed on the rear portion of a lot which has frontage on two (2) streets and an alley, the front of such new dwelling shall face the street. (14) The minimum pitch of the roof of any building shall be 2:12 and the maximum pitch of the roof of any building shall be 12:12, except that additions to existing dwelling units may be constructed with a pitch that matches any roof pitch of the existing dwelling unit. (15) A maximum of 40% of the front yard of a lot may be covered with inorganic material such as asphalt or cement concrete,paving stone, flagstone, rock or gravel. Section 11. That the Code of the City of Fort Collins is hereby amended by adding a new section, to be numbered Section 29-169, which section shall read as follows: Sec. 29-169. Planned Unit Developments. Development of areas in the N-C-M District as a Planned Unit Development plan as defined, processed and approved according to §29-526 may not vary the requirements of this Subdivision. Section 12. That the title to Section 29-210 of the Code be amended to read as follows: Sec. 29-210. Bulk,area,appearance and location requirements. Section 13. That Section 29-210 (1) of the Code be amended to read as follows: Sec. 29-210. Bulk, area,appearance and location requirements. (1) Minimum lot area shall be the equivalent to the total floor area of the building(s), but not less than five thousand (5,000) square feet. For the purposes of this subsection, "total floor area" shall mean the total gross floor area of all principal buildings, and of all accessory buildings larger than 120 square feet, located on a lot, as measured along the outside walls of each building, including each finished or unfinished floor level,but not including open balconies or basements. Section 14. That Section 29-210 (5) of the Code be amended to read as follows: 5 Sec. 29-210. Bulk,area,appearance and location requirements. (5) Minimum side yard width shall be five (5) feet for all interior side yards. Whenever any portion of a wall or building exceeds eighteen (18) feet in height,such portion of the wall or building shall be set back from the interior side lot line an additional one (1) foot, beyond the minimum required, for each three two (2) feet or fraction thereof of wall or building height that exceeds eighteen (18) feet in height. Minimum side yard width shall be fifteen (15) feet on the street side of any corner lot. Notwithstanding the foregoing, minimum side yard width for school and church uses shall be twenty-five (25) feet(for both interior and street sides). Section 15. That Section 29-210 of the Code be amended by the addition of new subsections (7), (8), (9), (10), (11), (12), (13), (14) and(15) to read as follows: Sec. 29-210. Bulk,area, appearance and location requirements. (7) All exterior walls of residential buildings that are greater than six (6) feet in length shall be constructed parallel to or at right angles to the side lot lines of the lot whenever the lot is rectilinear in shape. (8) The primary entrance to a dwelling shall be located along the front wall of the building,unless otherwise required for handicap access. Such entrance shall include an architectural feature such as a porch, landing or portico. (9) Accessory buildings and attached garages shall have a front yard setback that is at least 10 feet greater than the front setback of the principal building that is located on the front portion of the lot. (10) A roof-top or second floor addition shall not overhang the lower front or side exterior walls of the existing building. (11) Any new dwelling that is proposed to be constructed between the back of an existing dwelling and the rear property line of the lot on which both dwellings will be located shall contain a maximum of 800 square feet of floor area. Such new dwelling may be located in any area of the rear portion of such lot provided that it complies with the setback requirements of this zoning district. (12) Front porches shall be limited to one story, and the front facades of all one and two family dwellings shall be no higher than two stories. (13) In the event that a new dwelling is proposed to be constructed on the rear portion of a lot which has frontage on two (2) streets and an alley, the front of such new dwelling shall face the street. 6 (14) The minimum pitch of the roof of any building shall be 2:12 and the maximum pitch of the roof of any building shall be 12:12, except that additions to existing dwelling units may be constructed with a pitch that matches any roof pitch of the existing dwelling unit. (15) A maximum of 40% of the front yard of a lot may be covered with inorganic material such as asphalt or cement concrete, paving stone, flagstone, rock or gravel. Section 16. That the Code of the City of Fort Collins is hereby amended by adding a new section, to be numbered Section 29-212, which section shall read as follows: Sec. 29-212. Planned Unit Developments. Development of areas in the N-C-B District as a Planned Unit Development plan as defined, processed and approved according to §29-526 may not vary the requirements of this subdivision. Section 17. That Section 29-492 (1) of the Code be amended to read as follows: Sec. 29-492. General requirements. (1) Access. Unobstructed vehicular access to and from a public street shall be provided for all off-street parking spaces. Vehicular access shall be provided in such manner as to protect the safety of persons using such access or traveling in the public street from which such access is obtained and in such manner as to protect the traffic- carrying capacity of the public street from which such access is obtained. Whenever a lot has frontage along an alley, any new off- street parking area located on such lot, including the driveway for a new detached garage, must obtain access from such adjoining alley. Such alley access shall not be required when a new detached garage is proposed to be accessed from an existing driveway that has a curb cut along a public street, or when alley access is deemed by the Director of Engineering or the Director of the Department of Transportation Services to be a hazard to persons or vehicles. Section 18. That Section 29-492 (3) (c ) of the Code be amended to read as follows: Sec. 29-492. General requirements. (c ) In the N-C-L Neighborhood Conservation Low Density District, the N-C-M Neighborhood Conservation Medium Density District, the R- H High Density Residential District and the N-C-B Neighborhood Conservation Buffer District,permanent open off-street parking areas 7 for all permitted principal uses, other than single-family dwellings, shall not be located any closer to a public street right-of-way than the distance by which the principal building is set back from the street right-of-way. This provision shall not be construed to preclude temporary parking in driveways. Section 19. That the Code be amended by the addition of a new section 29-478 to read as follows: Sec. 29-478. Screening requirements. (a) Trash dumpsters shall be located within an opaque fence or wall that is a minimum of five (5) feet high. (b) Roof-top mechanical equipment shall be screened from public view. Section 20. That Section 29-511 (1) of the Code be amended to read as follows: Sec. 29-511. Regulations. (1) In the R-E, R-L, R-M, R-P, N-C-L, N-C-M and N-C-B Districts, they shall not exceed four(4)feet in height when located less than twenty(20)feet from the front lot line. Section 21. No building permit shall be issued after the effective date of this ordinance for any new building located in the NCL, NCM and NCB zoning districts unless such building complies with the Code amendments contained in Sections 1-17 inclusive, except that a building permit may be issued for such building without complying with said amendments whenever a utility plan review is required by the City before such building permit can be issued, and when such utility plan was submitted to the City Engineering Department prior to February 6, 1996. Section 22. That on or before February 2nd, 1997, the staff of the City shall prepare an evaluation of the effectiveness and impact of this Ordinance, and of the guidelines adopted pursuant to Ordinance No. 13, 1996,and shall report the staffs findings to the City Council. Said report shall include information regarding the number of dwelling units which have been approved for construction pursuant to this Ordinance and Ordinance No. 13, 1996, as well as the number of dwelling units actually constructed, and shall include photographs of such dwelling units and any other information that the staff may consider helpful to the City Council in evaluating the impact that such construction has had on adjacent neighborhoods. 8 Introduced, considered favorably on first reading, and ordered published this 6th day of February, A.D. 1996, and to be presented for final passage on t ay of Febryagy . 1996. ayor ATTEST: C City Clerk Passed and adopted on final reading this 20th day of Felt D. 1996. ayor ATTEST: City Clerk 9