HomeMy WebLinkAbout183 - 12/19/2000 - MAKING VARIOUS AMENDMENTS TO THE LAND USE CODE t
ORDINANCE NO. 183, 2000
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 dynamic 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 and the Planning and Zoning Board 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 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 1.1 of the Land Use Code of the City of Fort Collins is hereby
amended to read as follows:
DIVISION 1.1 ORGANIZATION OF LAND USE CODE
The City of Fort Collins Land Use Code is organized into five (5) Articles as follows:
Article 1 General Provisions
Article 2 Administration
Article 3 General Development Standards
Article 4 District Standards
Article 5 Definitions
The General Provisions contained in Article 1 address the organization of this Land Use Code; its
title, purpose and authority; the establishment of the Zoning Map and Zone Districts; rules for
interpretation and measurements; rules for nonconformities and legal matters.
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Article 2,Administration,guides the reader through the procedural and decision-making process by
providing divisions pertaining to general procedural requirements and a twelve-step common
development review process, as well as providing a separate division for each type of development
application and other land use requests.
The General Development Standards contained in Article 3 establish standards which apply to all
types of development applications unless otherwise indicated. This article is divided into divisions
addressing standards for site planning and design,engineering,environmental and cultural resource
protection,compact urban growth,buildings,transportation and circulation,and supplemental uses.
All zone districts within the City of Fort Collins andtheir respective list of permitted uses,prohibited
uses, and particular development standards are located in Article 4, District Standards. These zone
districts directly relate to the Zoning Map and Zone Districts established in Article 1.
Definitions of terms used throughout this Land Use Code are included in Article 5.
This method of organization,which distinguishes and separates general provisions,administration,
general development standards, district standards and definitions, is intended to provide a user-
friendly and easily accessible Land Use Code by consolidating most City regulations addressing land
use and development,standardizing the regulatory format,providing common development review
procedures, separating and clarifying standards and separating and clarifying definitions.
When this Land Use Code is amended, any amendments to procedural provisions will be made in
Article 2, Administration. Amendments to general development standards will occur in Article 3,
General Development Standards. Amendments to District Standards(Zone Districts)will be made
in Article 4. And Article 5 will be the place to change or add definitions.
For an overview on how to use this Land Use Code when applying for a development application
or other request,reference should be made to Section 2.1.2, Overview of the Development Review
Process.
This symbol:
*EXAMPLES AND EXPLANATION*
appears under selected subsections of the Land Use Code. It refers to a non-regulatory manual
explaining the Land Use Code's approach to development using example pictures and diagrams. The
manual, called Fort Collins Design Manual, is available separately.
Section 2. That Section 2.1.4 (C)(1) of the Land Use Code of the City of Fort Collins
is hereby amended to read as follows:
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(1) The application shall not be approved if, in so approving, any portion of the
property remains developed or to be developed in accordance with the
previously approved development plan and,because ofthe abandonment such
remaining parcel of property would no longer qualify for development
approval pursuant to either the standards and requirements of the most
current version of this Land Use Code or, if such remaining parcel of
property was not reviewed and approved under this Land Use Code,thenthe
standards and requirements of the Transitional Land Use Regulations dated
August 1997, on file in the office of the City Clerk.
Section 3. That Section 2.2.10(A)(3) of the Land Use Code of the City of Fort Collins
is hereby amended to read as follows:
(3) Referral. In either (1) or (2) above,the Director may refer the amendment
to the Planning and Zoning Board and, if so referred, the decision of the
Planning and Zoning Board shall constitute a final decision, subject only to
appeal as provided for development plans under Division 2.3, 2.4 or 2.5, as
applicable, for the minor amendment.
Section 4. That Section 2.2.10(A) of the Land Use Code of the City of Fort Collins is
hereby amended by the addition of a new subparagraph (4) to read as follows:
(4) Appeals. Appeals of the decision of the Director for approval,approval with
conditions or denial or minor amendments of any approved development plan
or site specific development plan shall be to the Planning and Zoning Board,
and the decision of the Planning and Zoning Board on such appeals shall
constitute a final decision, subject only to appeal as provided for
development plans under Division 2.3,2.4 or 2.5 as applicable,for the minor
amendment.
Section 5. 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.
(1) Procedure/Criteria. 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
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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 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 anew 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.
(2) Appeals. Appeals of decisions for approval, approval with conditions or
denial of major amendments,or abandonments,of any approved development
plan or site specific development plan shall be filed and processed in
accordance with Section 2.2.12 (Step 12).
Section 6. That Section 2.2.10(D) of the Land Use Code of the City of Fort Collins
should be deleted in its entirety.
Section 7. That Section 2.6.2(A) of the Land Use Code of the City of Fort Collins is
hereby amended to read as follows:
(A) A Stockpiling Permit shall be required for temporarily or permanently placing soils
or similar inorganic materials upon property that is not subject to the provisions of
a valid Development Construction Permit.
Section 8. That Section 2.10.2(H) of the Land Use Code of the City of Fort Collins in
hereby amended to read as follows:
(H) Step 8 (Standards): Applicable, and the Zoning Board of Appeals may grant a
variance from the standards of Articles 3 and 4 only if it finds that the granting of the
variance would neither be detrimental to the public good nor authorize any change
in use other than to a use that is allowed subj ect to Building Permit review; and that:
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(1) by reason of exceptional physical conditions or other extraordinary and
exceptional situations,unique to such property,including,but not limited to,
physical conditions such as exceptional narrowness, shallowness or
topography,or physical conditions which hinder the owner's ability to install
a solar energy system, the strict application of the standard sought to be
varied would result in unusual and exceptional practical difficulties, or
exceptional or undue hardship upon the owner of such property,provided that
such difficulties or hardship are not caused by the act or omission of the
applicant; or
(2) the proposal as submitted will advance or protect the public interests and
purposes of the standard for which the variance is requested equally well or
better than would a proposal which complies with the standard for which the
variance is requested.
Any finding made under subparagraph(1)or(2)above shall be supported by specific
findings showing how the proposal,as submitted,meets the requirements and criteria
of said subparagraph (1) or(2).
Section 9. That Section 3.2.2(A) of the Land Use Code of the City of Fort Collins is
hereby amended to read as follows:
(A) Purpose. This Section is intended to ensure that the parking and circulation
aspects of all developments are well designed with regard to safety,
efficiency and convenience for vehicles, bicycles, pedestrians and transit,
both within the development and to and from surrounding areas. Sidewalk
or bikeway extensions off-site may be required based on needs created by the
proposed development. This Section sets forth parking requirements in terms
ofnumbers and dimensions ofparking stalls,landscaping and shared parking.
It also addresses the placement of drive-in facilities and loading zones.
Section 10. That Section 3.2.2(K) of the Land Use Code of the City of Fort Collins is
hereby amended to read as follows:
(K) Parking Lots -Required Number of Spaces for Type of Use.
(1) Residential and Institutional Parking Requirements. Residential and
institutional uses shall provide a minimum number of parking spaces as
defined by the standards below.
(a) Attached Dwellings: For each two-family and multi-family dwelling
there shall be parking spaces provided as indicated by the following
table:
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Number of Bedrooms/Dwelling Unit Parking Spaces Per Dwelling Unit
One or less
1.5
Two
1.75
Three
2.0
Four and above 2.5
(b) Single-Family Detached: For each single-family dwelling there shall
be one (1)parking space on lots with greater than forty (40) feet of
street frontage or two (2)parking spaces on lots with forty (40) feet
or less of street frontage.
(c) Mobile Homes: For each mobile home in a mobile home park there
shall be two (2) parking spaces per dwelling unit.
(d) Boarding Houses/Fraternity and Sorority Houses: For each boarding
and rooming house or fraternity or sorority house,there shall be one
(1)parking space per two(2)beds,plus one(1)parking space per two
(2) employees.
(e) Group Homes: For each group home there shall be two (2)parking
spaces for every three(3)employees,and in addition,one(1)parking
space for each four(4)adult residents,unless residents are prohibited
from owning or operating personal automobiles.
(f) Recreational Uses: For each recreational use located in a residential
district there shall be one (1) parking space per four (4) persons
maximum rated capacity.
(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,
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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 ofworship 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 periods 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.
(2) Nonresidential Parking Requirements: Nonresidential uses will be limited
to a maximum number of parking spaces as defined by the standards defined
below.
(a) The table below sets forth the number of allowed parking spaces
based on the square footage of the gross leasable area and/or of the
occupancy of specified uses. In the event that on-street or shared
parking is not available on land adjacent to the use, then the
maximum parking allowed may be increased by twenty(20)percent,
provided that the amount of parking lot landscaping is also increased
by twenty(20)percent. (This twenty percent(20%)increase shall not
apply to the "general office" use category.)
Use Maximum Parking
Restaurants 1511000 sq.ft.
a. Fast Food b. Standard 10/1000 sq.ft.
Bars, Taverns, and Nightclubs 10/1000 sq.ft.
Commercial Recreational 6/1000 sq.ft.
a. Limited Indoor Recreation .3/person cap.
b. Outdoor
c. Bowling Alley 511000 sq.ft.
Theaters 1/3 seats
General Retail 4/1000 sq.ft.
Personal Business and Service Shop 4/1000 sq.ft.
Shopping Center 15/1000 sq.ft.
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Medical Office 4.5/1000 sq.ft.
Financial Services 3.5/1000 sq.ft.
Grocery Store, Supermarket 6/1000 sq.ft.
General Office 3.0/1000 sq.ft. or
.75/employee on the
largest shift or
4.5/1,000 sq.ft. if all
additional parking
spaces gained by the
increased ratio (over
3.0/1,000 sq.ft.) are
contained within a
parking
garage/structure
Vehicle Servicing&Maintenance 5.0/1000 sq.ft.
Low Intensity Retail, Repair Service,Workshop and
Custom Small Industry 2.0/1000 sq.ft.
Lodging Establishments 1/unit
Health Facilities
a. Hospitals 1.0/bed
b. Long-Term Care Facilities .33/bed
plus 1/two employees
on major shift
Industrial: Employee Parking .75/employee
(b) For uses that are not specifically listed in subsections 3.2.2(K)(1) or
(2), the number of parking spaces permitted shall be the number
permitted for the most similar use listed.
(3) 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.
(a) Procedure. Alternative compliance parking ratio plans shall
be prepared and submitted in accordance with the submittal
requirements for plans as set forth in this Section. Each such
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plan shall clearly identify and discuss the modifications and
alternatives proposed and the ways in which the plan will
better accomplish the purpose of this Section than would a
plan which complies with the standards of this Section. The
request for alternative compliance must be accompanied by
either a traffic impact study containing a trip generation
analysis or by other relevant data describing the traffic
impacts of any proposed recreational or institutional land use
or activity.
(b) Review Criteria. To approve an alternative plan,the decision
maker must first find that the proposed alternative plan
accomplishes the purposes of this Section equally well or
better than would aplanwhich complies with the standards of
this Section. In reviewing the request for an alternative
parking ratio plan in order to determine whether it
accomplishes the purposes of this Section,as required above,
the decision maker shall take into account the number of
employees occupying the building or land use,the number of
expected customers or clients, the availability of nearby on-
street parking(if any),the availability of shared parking with
abutting, adjacent or surrounding land uses (if any), the
provision of purchased or leased parking spaces in a
municipal or private parking lot meeting the requirements of
the city,trip reduction programs(if any), or any other factors
that may be unique to the applicant's development request.
The decision maker shall not approve the alternative parking
ratio plan unless it:
I. does not detract from continuity, connectivity and
convenient proximity for pedestrians between or
among existing or future uses in the vicinity,
2. minimizes the visual and aesthetic impact along the
public street by placing parking lots to the rear or
along the side of buildings, to the maximum extent
feasible,
3. minimizes the visual and aesthetic impact on the
surrounding neighborhood,
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4. creates no physical impact on any facilities serving
alternative modes of transportation,
5. creates no detrimental impact on natural areas or
features,
6. maintains handicap parking ratios, and
7. for projects located in D, L-M-N, M-M-N and C-C
zone districts, conforms with the established street
and alley block patterns, and places parking lots
across the side or to the rear of buildings.
(c) For recreational and institutional land uses that are required
to provide a minimum amount of parking, a request for
alternative compliance to provide parking below the required
minimum must follow the same procedure and be held to the
same review criteria as described in Section 3.2.2(K)(3)(a)
and 3.2.2(K)(3)(b), and in addition, must demonstrate:
1. That there will be no dispersal of spillover parking
onto surrounding, adjacent or abutting land uses, and
2. That there will be no dispersal of spillover parking
onto surrounding, adjacent or abutting public streets
(or private streets not under legal ownership of the
applicant)where parking is prohibited.
Notwithstanding the spillover parking prohibitions above,
spillover parking may be allowed pursuant to this subsection
for"Special Event Parking"meaning parking associatedwith
a recreational facility,activity or institution expected to occur
no more than four (4) times per year for school assemblies,
pageants, graduations, religious celebrations, or other
ceremonies or events that occur so infrequently that the public
can reasonably be expected to accept the inconvenience of
spillover parking on such infrequent occasions.
(4) Exception to the General Office Parking Standard. An exception to
the general office parking standard as established in the table
contained in Section 3.2.2(K)(2)(a)shall be permitted for the purpose
of ensuring that the parking provided is adequate but not in excess of
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the users'needs.Requests for exceptions to the general office parking
standard shall be reviewed according to the procedure and criteria
contained in subparagraphs (a) and (b) below. Exceptions shall be
available only to those projects where the number of anticipated
employees can be reasonably estimated, and such exceptions shall
apply only to the ratio between the number of parking spaces and the
number of employees, and not to the ratio between the number of
parking spaces and the gross leasable area. If the number of
anticipated employees cannot be reasonably estimated, then the
applicable parking standard shall be the ratio between the number of
parking spaces and the gross leasable area, and no exception to the
general office parking standardwill be grantedunder this subsection.
(a) Procedure. All requests for exceptions to the general office
parking standard shall be submitted in accordance with the
submittal requirements for plans as set forth in this
subsection. Each such request shall clearly identify and
discuss the proposed project and the ways in which the plan
will accomplish the general purpose of this subsection. The
request for an exception to the standard must be accompanied
by an estimated number of employees. In addition, a traffic
impact study containing a trip generation analysis or other
relevant data describing the traffic and parking impacts of any
proposed general office land use or activity shall be
submitted.
(b) Review Criteria. To approve an exception to the standard,the
decision maker must first find that the proposed project
accomplishes the general purpose of this Section. In
reviewing the request for an exception to the standard parking
ratio and in order to determine whether such request is
consistent with the purposes of this subsection, as required
above, the decision maker shall take into account the
anticipated number of employees occupying the building,the
number and frequency of expected customers or clients, the
availability of nearby on-street parking (if any), the
availability of shared parking with abutting, adjacent or
surrounding land uses (if any), the provision of purchased or
leased parking spaces in a municipal or private parking lot
meeting the requirements of the city, travel demand
management programs (if any),or any other factors that may
be unique to the applicant's development request.
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The decision maker shall not approve an exception to the
general office parking standard unless it:
1. does not detract from continuity, connectivity and
convenient proximity for pedestrians between or
among existing or future uses in the vicinity,
2. minimizes the visual and aesthetic impact along the
public street of the proposed increased parking by
placing parking lots to the rear or along the side of
buildings, to the maximum extent feasible,
3. minimizes the visual and aesthetic impact of such
additional parking on the surrounding neighborhood,
4. creates no physical impact on any facilities serving
alternative modes of transportation,
5. creates no detrimental impact on natural areas or
features,
6. maintains handicap parking ratios,
7. for projects located in D, L-M-N, M-M-N and C-C
zone districts, conforms with the established street
and alley block patterns, and places parking lots
across the side or to the rear of buildings,
8. results in a ratio that does not exceed one-space-per-
employee (1:1), and
9. is justified by a travel demand management program
which has been submitted to and approved by the city.
(5) Handicap Parking.
(a) Handicapped spaces. Parking spaces for the physically
handicapped shall have a stall width of thirteen (13) feet
unless the space is parallel to a pedestrian walk. Other
dimensions shall be the same as those for standard vehicles.
Any such spaces shall be designated as being for the
handicapped with a raised standard identification sign.
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(b) Location. Handicap parking spaces shall be located as close
as possible to the nearest accessible building entrance, using
the shortest possible accessible route of travel. When
practical, the accessible route of travel shall not cross lanes
for vehicular traffic. When crossing vehicle traffic lanes is
necessary,the route of travel shall be designated and marked
as a crosswalk.
(c) Marking. Every handicap parking space located in a parking
lot that contains more than five (5)total parking spaces shall
be identified by a sign, centered between three (3) feet and
five (5) feet above the parking surface, at the head of the
parking space. The sign shall include the international
symbol of accessibility and state RESERVED, or equivalent
language.
(d) Each parking lot shall contain at least the minimum specified
number of handicap spaces as provided in the table below.
NUMBER OF HANDICAP PARKING SPACES
Total Parking Spaces in Lot Minimum Required Number of Accessible Spaces
1-25 1
26-50 2
51-75 3
76-100 4
101-150 5
151-200 6
201-300 7
301-400 8
401-500 9
501-1,000 2%of total spaces
Over 1,000 20 spaces plus 1 space for every 100 spaces,or
fraction thereof, over 1,000
(6) Loading Zones. All development shall provide loading zones and
service areas adequately sized to accommodate the types of vehicles
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that use them. Such loading zones and service areas shall be
indicated on the development plan.
Section 11. 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) 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 that connects to the Improved Arterial Street
Network. Exceptions to the foregoing requirements may be granted
for streets which have adequate funds appropriated by the city for
improvement to current standards. The developer of any property
which does not have such access to an Improved Arterial Street or
which does not have such access to streets which connect to the
Improved Arterial Street Newtork, shall be required to improve the
impacted intervening streets as follows:
(a) For arterial and collector streets, such improvements shall
consist, at aminimum, of constructing athirty-six-foot-wide
paved street 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.
(b) For all other street classifications, the off-site street
improvements shall be designed and constructed to city
standards including,without limitation,curb,gutter,sidewalk
and pavement.
(c) All intervening streets that connect to the Improved Arterial
Street Network 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 street
routes that will, in the judgment of the City Traffic Engineer, carry
the most trips (per travel mode) generated by the development as
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definedby 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 City Engineer shall utilize a map entitled the
"Improved Arterial Street Network" depicting, as nearly as
practicable, (1) all existing arterial and collector streets in the city;
and(2)the current structural condition of the same. A waiver to thes e
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 and
constructed to adequately accommodate the traffic impacts of the
development.
Section 12. That Section 3.5.3(B)(1) of the Land Use Code of the City of Fort Collins is
hereby amended to read as follows:
(1) Orientation to a Connecting Walkway. At least one(1)main entrance
of any commercial or mixed-use building shall face and open directly
onto a connecting walkway with pedestrian frontage. Any building
which has only vehicle bays and/or service doors for
intermittent/infrequent non-public access to equipment, storage or
similar rooms (e.g. self-serve car washes andself-servemini-storage
warehouses), shall be exempt from this standard. See Figure 10.
Section 13. 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 LinesforStreetfrontBuildings. 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. Accordingly,atleastthirty(30)percent of
the total length of the building along the street shall be
extended to the build-to line area. If a parcel, lot or tract has
multiple streets,then the building shall be built to at least two
(2)of them according to(b)through(d)below,i.e. to a street
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corner. If there is a choice of two (2) or more corners, then
the building shall be built to the corner that is projected to
have the most pedestrian activity associated with the building.
(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 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.
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3. 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).
4. if a larger or otherwise noncompliant front yard area
is required by the city to continue an established
drainage channel or access drive, or other easement.
Section 14. That Figure 11 referred to in Section 3.5.3(13)(2)(d)3. is hereby deleted and
all subsequent Figures be renumbered.
Section 15. That Section 3.5.5(B)(2)of the Land Use Code of the City of Fort Collins is
hereby amended to read as follows:
(2) Permitted Uses. Permitted uses include retail stores, personal and
business services, convenience retail stores (with accessory gas
pumps),restaurants without drive-up windows,equipment rental(not
including outdoor storage), professional offices, limited banking
services such as automated teller machines,multi-family dwellings,
medical offices and clinics, small animal veterinary clinics,and day-
care services.
Section 16. That Section 3.8.7(C)(1)of the Land Use Code of the City of Fort Collins is
hereby amended to read as follows:
(1) Limitations for Residential Districts and Uses. Signs in the N-C-L,N-C-M,
U-E, R-F, R-L, L-M-N, M-M-N, H-M-N, N-C-B, R-C and P-O-L Districts
may include and shall be limited to the following:
Section 17. That Section 3.8.11 of the Land Use Code of the City of Fort Collins is hereby
amended to read as follows:
3.8.11 Fences and Walls
Fencing and walls shall meet the following standards:
(A) If used along collector or arterial streets,such features shall be made visually
interesting and shall avoid creating a"tunnel" effect. Compliance with this
standard may be accomplished by integrating architectural elements such as
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brick or stone columns,incorporating articulation or openings into the design,
varying the alignment or setback of the fence, softening the appearance of
fence lines with plantings,or similar techniques. In addition to the foregoing,
and to the extent reasonably feasible, fences and sections of fences that
exceed one hundred(100) feet in length shall vary the alignment or setback
of at least one-third (i/3) of the length of the fence or fence section (as
applicable) by a minimum of five (5) feet.
(B) Materials: Chain link fencing with or without slats shall not be used as a
fencing material for screening purposes. Except as permitted below, no
barbed wire or other sharp-pointed fence and no electrically charged fence
shall be installed or used in any zone districts. In the Employment District
and the Industrial District,the Director may grant a revocable use permit that
must be renewed every three (3) years for installation of security arms and
barbed wire strands atop protective fences or walls, provided that the
following conditions are met:
(1) The lowest strand of barbed wire is maintained at least ten(10)feet above the
adjoining ground level outside the fence.
(2) Exterior area security lighting controlled by an automatic light level switch
is installed and maintained in good operating condition.
(3) Such lighting is directed into the site and not outward toward the perimeter.
(C) Fences or walls shall be:
(1) no more than four (4) feet high between the front building line and front
property line;
(2) no more than four (4) feet high if located in the front yard, or within any
required side yard setback area in the front yard, except if required for
demonstrated unique security purposes;
(3) no more than six(6)feet high if located within any required rear yard setback
area or within any side yard setback area in a rear yard,
(4) no more than forty-two(42) inches in height when located within the visual
clearance triangle described in Section 3.2.1(L), and,if over thirty-two (32)
inches in height within such triangle, fences shall be constructed of split rail
with a minimum dimension of twelve (12) inches between horizontal
members.
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(D) For the purposes of this Section, the height of a fence or wall shall be the distance
from the top of the fence or wall to the original finished grade of the lot directly
under the fence or wall. Any berm,wall,or similar feature that is constructed for the
purpose of increasing the height of a fence or wall shall be considered to be a part of
the fence or wall.
Section 18. That Section 3.8.19(B) of the Land Use Code of the City of Fort Collins is
hereby amended to read as follows:
(B) Contextual Setbacks. Regardless ofthe minimum front setback requirement
imposed by the zone district standards of this Land Use Code, applicants
shall be allowed to use a "contextual" front setback. A "contextual" front
setback may fall at any point between the front setback required in the zone
district and the front setback that exists on a lot that is adjacent and oriented
to the same street as the subject lot. If the subject lot is a corner lot, the
"contextual" setback may fall at any point between the zone district required
front setback and the front setback that exists on the lot that is abutting and
oriented to the same street as the subject lot. If lots on either side of the
subject lot are vacant, the setback shall be interpreted as the minimum
required front setback that applies to the vacant lot. This provision shall not
be construed as requiring a greater front setback than that imposed by the
underlying zone district,and it shall not be construed as allowing setbacks to
be reduced to a level that results in right-of-way widths below established
minimums.
Section 19. That Section 4.4(A) of the Land Use Code of the City of Fort Collins is
hereby amended to read as follows:
(A) Purposes The Low Density Mixed-Use Neighborhood District is intended to
be a setting for a predominance of low density housing combined with
complementary and supporting land uses that serve a neighborhood and are
developed and operated in harmony with the residential characteristics of a
neighborhood. The main purpose of the District is to meet a wide range of
needs of everyday living in neighborhoods that include a variety of housing
choices, that invite walking to gathering places, services and conveniences,
and that are fully integrated into the larger community by the pattern of
streets,blocks, and other linkages. A neighborhood center provides a focal
point, and attractive walking and biking paths invite residents to enjoy the
center as well as the small neighborhood parks. Any new development in
this district shall be arranged to form part of an individual neighborhood.
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Typically,Low Density Neighborhoods will be clustered around and integral
with a Medium Density Mixed-Use Neighborhood with a Neighborhood
Commercial Center at its core. For the purposes of this Division, a
neighborhood shall be considered to consist of approximately eighty(80)to
one hundred sixty (160) acres, with its edges typically consisting of major
streets, drainageways, irrigation ditches, railroad tracks and other major
physical features.
Section 20. That Section 4.4(B)(2)(a)4. of the Land Use Code of the City of Fort Collins
is hereby amended to read as follows:
4. Multi-family dwellings (limited to eight [8] or less
dwelling units per building).
Section 21. That Section 4.4(B)(2)(c)3. of the Land Use Code of the City of Fort Collins
is hereby amended to read as follows:
3. Neighborhood centers consisting of at least two(2)of
the following uses: mixed-use dwelling units; retail
stores with less than five thousand(5,000)square feet
of gross floor area;convenience retail stores;personal
and business service shops; small animal veterinary
facilities; offices, financial services and clinics
containing less than five thousand(5,000)square feet
of gross floor area; community facilities;
neighborhood support/recreation facilities; schools,
child care centers;and places of worship or assembly.
Section 22. That Section 4.4(B)(3)(c)1. of the Land Use Code of the City of Fort Collins
is hereby amended to read as follows:
1. Neighborhood centers consisting of one(1)ormore of
the following uses: standard and fast food restaurants;
artisan and photography studios and galleries; or
convenience retail stores with fuel sales that are at
least three-quarters (3/<)mile from any other such use
and from any gasoline station; provided that such use
or uses are combined with at least one (1) other use
listed in Section 4.4(B)(2)(c)(3) above.
Section 23. That Section 4.4(D)(1)(c) of the Land Use Code of the City of Fort Collins
is hereby amended to read as follows:
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(c) The maximum density of any phase in a multiple-phase
development plan shall be twelve (12) dwelling units per
gross acre of residential land, and the maximum density of
any portion of a phase containing a grouping of two (2) or
more multi-family structures shall be twelve (12) dwelling
units per gross acre of residential land.
Section 24. That Section 4.4(D)(2)(c)6. of the LandUse Code of the City of Fort Collins
is hereby amended to read as follows:
6. Multi-family dwellings (limited to eight[8] dwelling
units per building).
Section 25. That Section 4.4(1))(3)(c) of the Land Use Code of the City of Fort Collins
is hereby amended to read as follows:
(c) Land Use Requirements. A neighborhood center shall include
two (2) or more of the following uses: mixed-use dwelling
units;community facilities;neighborhood support/recreation
facilities; schools; child care centers; places of worship or
assembly;convenience retail stores;offices,financial services
and clinics; personal or business service shops; standard or
fast food restaurants; small animal veterinary clinics; and
artisan or photography studios or galleries. No drive-in
facilities shall be permitted. A neighborhood center shall be
a maximum of five(5)acres in size,excluding schools,parks
and outdoor spaces as defined in subparagraph (e) of this
Section.
Section 26. That Section 4.4(E)(2)(b) of the Land Use Code of the City of Fort Collins
is hereby amended to read as follows:
(b) Maximum Size. No building footprint shall exceed a
total of twenty thousand(20,000)square feet,with the
exception of schools.
Section 27. ThatSection 4.4(E)ofthe LandUse Code of the City of Fort Collins is hereby
amended by adding a new subparagraph (4) to read as follows:
(4) Design Standards For Multi-Family Dwellings Containing More
Than Six(6)Dwelling Units. Each multi-family dwelling containing
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more than six (6) dwelling units shall feature a variety of massing
proportions, wall plane proportions, roof proportions, and other
characteristics similar in scale to those of single-family detached
dwelling units, so that such larger buildings can be aesthetically
integrated into the low density neighborhood. The following specific
standards shall also apply to such multi-family dwellings:
(a) Roofs. Each multi-family building shall feature a
combination of primary and secondary roofs. Primary roofs
shall be articulated by at least one (1) of the following
elements:
1. changes in plane and elevation.
2. dormers, gables or clerestories.
3. transitions to secondary roofs over entrances,garages,
porches, bay windows.
(b) Facades and Walls. Each multi-family dwelling shall be
articulated with projections, recesses, covered doorways,
balconies, covered box or bay windows and/or other similar
features, dividing large facades and walls into human-scaled
proportions similar to the adjacent single-family dwellings,
and shall not have repetitive, monotonous, undifferentiated
wall planes.
Each multi-family building shall feature walls that are
articulatedby at leasttwo(2)of any of the following elements
within every thirty-six (36) foot length of the fagade:
1. Recesses,projections or significant offsets in the wall
plane.
2. Distinct individualized entrances with functional
porches or patios.
3. Chimneys made of masonry, or other contrasting
material that projects from the wall plan.
4. Balconies.
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5. Covered bay or box windows.
(c) Variation Among Repeated Buildings. For any development
containing at least forty (40) and not more than fifty-six(56)
dwelling units, there shall be at least two (2) distinctly
different building designs. For any such development
containing more than fifty-six(56)dwelling units,there shall
be at least three(3) distinctly different building designs. For
all developments,there shall be no more than two(2)similar
buildings placed next to each other along a street or major
walkway spine.
Distinctly different building designs shall provide significant
variation in footprint size and shape, architectural elevations
and entrance features, within a coordinated overall theme of
roof forms,massing proportions,and other characteristics. To
meet this standard such variation shall not consist solely of
different combinations of the same building features.
(d) Color. Each multi-family building shall feature a palette of
muted colors, earth tone colors, natural colors found in
surrounding landscape or colors consistent with the adjacent
neighborhood. For a multiple structure development
containing at least forty (40) and not more than fifty-six(56)
dwelling units, there shall be at least two (2) distinct color
schemes used on structures throughout the development. For
any such development containing more than fifty-six (56)
dwelling units, there shall be at least three (3) distinct color
schemes used on structures throughout the development. For
all developments, there shall be no more than two (2)
similarly colored structures placed next to each other along a
street or major walkway spine.
(e) Garages. No street-facing fagade shall contain more than
three (3) garage bays.
Section 28. That Section 4.5(A) of the Land Use Code of the City of Fort Collins is
hereby amended to read as follows:
(A) Purpose. The Medium Density Neighborhood District is intended to be a setting for
concentrated housing within easy walking distance of transit and a commercial
district. Secondarily, a neighborhood may also contain other moderate-intensity
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complementary and supporting land uses that serve the neighborhood. These
neighborhoods will form a transition and a link between surrounding neighborhoods
and the commercial core with a unifying pattern of streets and blocks. Buildings,
streets, bike and walking paths, open spaces and parks will be configured to create
an inviting and convenient living environment.
This District is intended to function together with surrounding low density
neighborhoods (typically the L-M-N zone district) and a central commercial core
(typically an N-C or C-C zone district). The intent is for the component zone
districts to form an integral, town-like pattern of development, and not merely a
series of individual development projects in separate zone districts.
Section 29. That Section 4.8(B)(1)(a) of the Land Use Code of the City of Fort Collins
is hereby amended by adding a new subparagraph 6. to read as follows:
6. Mixed-use dwellings,provided that no structural additions or
exterior alterations are made to the existing building, or the
dwellings are constructed on a vacant lot or a parcel which
did not contain a structure on October 25, 1991.
Section 30, That Section 4.8(B)(2)(a) of the Land Use Code of the City of Fort Collins
is hereby amended by adding a new subparagraph 4. to read as follows:
4. Mixed-use dwellings which propose structural additions or
exterior alterations to the existing building, or the dwellings
are to be constructed on a lot or parcel which contained a
structure on October 25, 1991.
Section 31. That Section 4.12(B)(2)C. of the Land Use Code of the City of Fort Collins
is hereby amended by adding a new "Land Use" to read as follows:
Land Use Old City Center Canyon Avenue Civil Center
Exhibit halls BP Type 2 Type 1
Section 32. That Section 4.13(B)(3)(c) of the Land Use Code of the City of Fort Collins
is hereby amended by the addition of new subparagraphs 3 and 4 to read as follows:
3. Entertainment facilities and theaters.
4. Exhibit halls.
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Section 33. That Section 4.14(B)(3)(c)of the Land Use Code of the City of Fort Collins
is hereby amended by the addition of a new subsection 11 to read as follows:
11. Exhibit halls.
Section 34. That Section 4.15(B)(2)(c) of the Land Use Code of the City of Fort Collins
is hereby amended by the addition of a new subsection 21 to read as follows:
21. Exhibit halls.
Section 35. That Section 4.16(B)(2)(c) of the Land Use Code of the City of Fort Collins
is hereby amended by the addition of a new subsection 18 to read as follows:
18. Exhibit halls.
Section 36. That Section 4.17(B)(3)(b)of the Land Use Code of the City of Fort Collins
is hereby amended by the addition of a new subsection 12 to read as follows:
12. Exhibit halls.
Section 37. That Section 4.18(B)(2)(c) of the Land Use Code of the City of Fort Collins
is hereby amended by the addition of a new subsection 38 to read as follows:
38. Exhibit halls.
Section 38. That Section 4.19(A) of the Land Use Code of the City of Fort Collins is
hereby amended to read as follows:
(A) Purpose. The Neighborhood Commercial District is intended to be amixed-
use commercial core area anchored by a supermarket or grocery store and a
transit stop. The main purpose of this District is to meet consumer demands
for frequently needed goods and services, with an emphasis on serving the
surrounding residential neighborhoods typically including amedium-density
mixed-use neighborhood. In addition to retail and service uses, the District
may include neighborhood-oriented uses such as schools, employment, day
care, parks, small civic facilities, as well as residential uses.
This District is intended to function together with a surrounding Medium
Density Mixed-Use Neighborhood, which in turn serves as a transition and
a link to larger surrounding low density neighborhoods. The intent is for the
component zone districts to form an integral, town-like pattern of
25
development with this District as a center and focal point; and not merely a
series of individual development projects in separate zone districts.
Section 39. That Section 4.20(B)(1)(c)of the Land Use Code of the City of Fort Collins
is hereby amended by the addition of a new subsection 20 to read as follows:
20. Exhibit halls.
Section 40. That Section 4.21(D)(5)(a) of the Land Use Code of the City of Fort Collins
is hereby amended to read as follows:
(a) A minimum of two(2)housing types shall be required on any
residential portion of a development plan greaterthan ten(10)
acres but less than thirty(30) acres in size, including parcels
which are part of aphased development. A minimum of three
(3)housing types shall be required on any residential portion
of a development plan greater than thirty (30) acres in size,
including parcels which are part of a phased development.
The following list of housing types shall be used to satisfy
this requirement:
1. single-family detached dwellings.
2. single-family attached dwellings.
3. two-family dwellings.
4. multi-family dwellings.
5. group homes.
6. mixed-use dwellings.
Section 41. That Section 4.22(D)(6)(a) of the Land Use Code of the City of Fort Collins
is hereby amended to read as follows:
(a) A minimum of two(2)housing types shall be required on any
residential portion of a development plan greater than ten(10)
acres but less than thirty (30) acres in size, including parcels
which are part of aphased development. A minimum ofthree
(3)housing types shall be required on any residential portion
of a development plan greater than thirty (30) acres in size,
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including parcels which are part of a phased development.
The following list of housing types shall be used to satisfy
this requirement:
1. single-family detached dwellings located on lots
containing no more than six thousand(6,000) square
feet.
2. single-family attached dwellings.
3. two-family dwellings.
4. multi-family dwellings.
5. group homes.
6. mixed-use dwellings.
7. mobile home parks.
Section 42. That Section 4.22(E)(2)(b)of the Land Use Code of the City of Fort Collins
shall be deleted in its entirety.
Section 43. That Section 4.23(B)(2)(d) of the Land Use Code of the City of Fort Collins
is hereby amended by the addition of a new subsection 10 to read as follows:
10. Outdoor storage facilities.
Section 44. That Section 4.24(B)(1) of the Land Use Code of the City of Fort Collins is
hereby amended to read as follows:
(1) The following uses are permitted in the H-M-N District, subject to
Building Permit review, provided that such uses are located on lots
that are part of an approved site-specific development plan:
(a) Accessory/Miscellaneous Uses:
1. Accessory buildings containing no more than six
hundred fifty (650) square feet of floor area.
(b) Any use authorized pursuant to a site specific development
plan that was processed and approved either in compliance
27
with the Zoning Code in effect on March 27, 1997, or in
compliance with this Land Use Code (other than a final
subdivision plat,or minor subdivision plat,approved pursuant
to Section 29-643 or 29-644 of prior law, for any
nonresidential development or any multi-family dwelling
containing more than four [4] dwelling units), provided that
such use shall be subject to all of the use and density
requirements and conditions of said site specific development
plan.
(c) Any use which is not hereafter listed as a permitted use in this
zone but which was permitted for a specific parcel of property
pursuant to the zone district regulations in effect for such
parcel on June 10, 1999; and which physically existed upon
such parcel on June 10, 1999; provided, however, that such
existing uses shall constitute a permitted use only on such
parcel of property.
(d) Institutional/Public Uses:
1. Neighborhood parks as defined by the Parks and
Recreation Policy Plan.
Section 45. Thatthe definition of"connecting walkway"in Section 5.1.2 of the Land Use
Code of the City of Fort Collins is hereby amended to read as follows:
Connecting walkway shall mean (1) any street sidewalk; or (2) any walkway that
directly connects a main entrance of a building to the street sidewalk without
requiring pedestrians to walk across parking lots or driveways, around buildings or
around parking lot outlines which are not aligned to a logical route.
Section 46. Thatthe definition of"convenience grocery store"in Section 5.1.2 ofthe Land
Use Code of the City of Fort Collins is hereby amended to read as follows:
Convenience retail store(also known as convenience store) shall mean a retail store
containing less than five thousand(5,000)square feet of gross floor area which sells
everyday goods and services which may include, without limitation, ready-to-eat
food products, groceries, over-the-counter drugs and sundries.
Section 47. That the definition of"convenience shopping center"in Section 5.1.2 of the
Land Use Code of the City of Fort Collins is hereby amended to read as follows:
28
Convenience shopping center shall mean a shopping and service center situated on
seven(7) or fewer acres with four(4) or more business establishments with separate
exterior entrances, located in a complex which is planned, developed and managed
as a single unit, and located within and intended to primarily serve the consumer
demands of adjacent employment areas. The principal uses permitted include retail
stores;business services;convenience retail stores with fuel sales(possibly including
an accessory one-bay automatic carwash but not a multi-bay self-serve carwash);
personal business and service shops;standard or fast food restaurants(without drive-
up windows); liquor sales (for on- or off-premise consumption); beauty or barber
shops;dry-cleaning outlets,equipmentrental(not including outdoor storage);limited
indoor recreational uses; pet shops; and uses of similar character. Secondary uses
may include professional offices; limited banking services such as branch banks
(with limited drive-up facilities) and automated teller machines; multi-family
dwellings; medical offices and clinics; small animal veterinary clinics; child care
centers; and elderly day-care facilities.
Section 48. That the definition of "convenience stores with fuel sales (also known as
convenience store with fuel sales)"in Section 5.1.2 of the Land Use Code of the City of Fort Collins
is hereby amended to read as follows:
Convenience stores with fuel sales (also known as convenience store with fuel
sales) shall mean a convenience retail store with also sells gasoline or other
fuel products.
Section 49. That the definition of"dwelling"in Section 5.1.2 of the Land Use Code of
the City of Fort Collins is hereby amended to read as follows:
Dwelling shall mean a building used exclusively for residential occupancy, and for
permitted accessory uses, including single-family dwellings, two-family dwellings
and multi-family dwellings, and which contains: (a) a minimum of eight hundred
(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 L-M-N,M-M-N,N-C-L,N-C-M,N-C-B,C-C-N,C-C-
R, H-C or E zone districts, a minimum of four hundred (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 50. That Section 5.1.2 of the Land Use Code of the City of Fort Collins is hereby
amended by the addition of a new definition of "exhibit hall' to read as follows:
Exhibit hall shall mean a privately owned building or part of a building devoted to
the routine display for public viewing(but not sale) of works of art or other similar
29
articles or collectibles of enduring interest or value, and where such display is
intended, in part,to serve the educational and cultural needs of the community as a
whole.
Section 51. That the definition of"nightclub"in Section 5.1.2 of the Land Use Code of
the City of Fort Collins is hereby amended to read as follows:
Nightclub shall mean a bar or similar non-alcoholic establishment containing more
than one hundred(100) square feet of dance floor area.
Section 52. That Section 5.1.2 of the Land Use Code of the City of Fort Collins is hereby
amended by the addition of a new definition of"recreational vehicle,boat and truck storage"to read
as follows:
Recreational vehicle, boat and truck storage shall mean the renting of space in an
unroofed area for the purpose of storing any recreational vehicle, boat or truck. For
the purposes of this definition,a recreational vehicle shall be a transportable structure
that is primarily designed as a temporary living accommodation for recreational,
camping, and travel use including, but not limited to, travel trailers,truck campers,
camping trailers, and self-propelled motor homes.
Introduced and considered favorably on first reading and ordered published in summary form
this 21st day of November, A.D. 2000, and to be presented for final passage on the 19th day of
December, A.D. 2000.
;o
Mayon
ATTEST:
City Clerk
Passed and adopted on final reading this 19th day of December, A.D. 2000.
Mayor
ATTEST:
- �"� V", ,�_
City Clerk
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