HomeMy WebLinkAbout099 - 06/15/1999 - MAKING VARIOUS AMENDMENTS TO THE LAND USE CODE ORDINANCE NO. 99, 1999
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 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 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 2.2.3(C)(3) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(3) Execution of Plats/Deeds; Signature Requirements. All
final plats and/or deeds (for conveyances of real property
either off the site described on the plat or at a time or in a
manner separate from the plat), submitted to the City shall:
(a) be signed by all current owners of any recorded fee
interest in the surface of the land described on the
plat (or in the deed), whether full or defeasible and
whether solely or partially owned.
(b) be signed by all current owners of any equitable
interest arising out of a contract to purchase any fee
interest in the surface of the land described on the
r
plat (or in the deed), whether full or defeasible and
whether solely or partially owned.
(c) be signed by all current record owners of any non-
freehold interest arising from any recorded lease of
the surface of the land described on the plat (or in
the deed) if such lease has a remaining term of six
(6) years following approval of the final
development plan by the decision maker or if such
lease contains any right of extension which, if
exercised by the tenant, would create a remaining
term of six (6) years following approval of the final
development plan by the decision maker.
(d) be signed by all current owners of any recorded
mortgage, deed of trust or other lien, financial
encumbrance upon or security interest in the lands
described on the plat (or deed) which, if foreclosed
would take, injure, diminish or weaken the city's
interest in any land, easement or right-of-way which
is dedicated to the city or to the public on the plat
(or in the deed).
(e) be signed by all current owners of any easement or
right-of-way in the lands described on the plat (or in
the deed) whether on, above or below the surface,
which includes rights which will take, injure,
diminish or weaken the city's interest in any land,
easement or right-of-way which is dedicated to the
city or to the public on the plat (or in the deed).
(f) be signed by an attorney licensed to practice law in
the State of Colorado certifying to the city that all
signatures as required pursuant to subparagraphs (a)
through (e) above have lawfully and with full
authority been placed upon the plat (or in the deed).
Said certification may be limited by the attorney so
certifying to only those ownership interests that are
of record or. if not of record, are either actually
known to the certifying attorney to exist, or in the
exercise of reasonable diligence, should have been
known to the certifying attorney to exist. For
purposes of such certification, the terms "record,"
"recorded" and "of record" shall mean as shown by
documents recorded in the real estate records in the
Clerk and Recorder's Office of Larimer County,
Colorado prior to the date of certification.
(g) contain a maintenance guarantee, a repair guarantee
and a certificate of dedication signed by the
developer and the owner (as described in
subparagraph (a) above), which provide a two-year
maintenance guarantee and five-year repair
guarantee covering all errors or omissions in the
design and/or construction. The specific provisions
of the maintenance guarantee, repair guarantee and
certificate of dedication shall be established by the
City Engineer.
(h) contain the legal notarization of all signatures as
required pursuant to subparagraphs (a) through (e)
above to be placed upon the plat (or deed).
(i) in substitution of the requirement of subparagraph
(f) above, be accompanied by a policy of title
insurance insuring the city, in an amount to be
determined by the Director as sufficient to fully
compensate the city for (a) any and all risk of
liability for; and (b) all damages to the city arising
from the execution of the plat (or deed) in any
manner not in compliance with the requirements of
this Section.
The Director may waive or modify the requirements of
subparagraphs (b) through (e), and the requirements of
subparagraph (g) above upon a clear and convincing
showing by the applicant that such waiver or modification
will not result in any detriment to the public good,
including without limitation, detriment to the interest of the
public in the real property conveyed to it on the plat (or in
the deed); and will not result in any harm to the health,
safety or general welfare of the city and its citizens.
Section 2. That Section 2.9.2 of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
2.9.2. Applicability
Any and all amendments to the text of this Land Use Code and any and all
changes to the Zoning Map must be processed in accordance with this
3
Division. Commencing one (1) year after the effective date of this Land
Use Code, amendments to the Zoning Map shall be processed only twice
per calendar year pursuant to the submittal and hearing date schedule
established pursuant to Section 2.2.3(D); provided, however, that this
limitation shall not apply to petitions for amendments to the Zoning Map
initiated by the owners of properties in the Transition District, which
petitions shall be governed by the provisions of Section 4.9(13)(1)(c), or to
initial Zoning Map amendments following annexation, or to Zoning Map
amendments which are founded upon the adoption and implementation of
a subarea plan. Only the Council may, after recommendation of the
Planning and Zoning Board, adopt an ordinance amending the text of this
Land Use Code or the Zoning Map in accordance with the provisions of
this Division.
Section 3. That Section 2.2.10(A)(1) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(1) any change to any approved development plan or any site
specific development plan (except a minor subdivision [no
longer authorized in this Land Use Code]) which was
originally subject only to administrative review and was
approved by the Director, or any change of use of any
property that was developed pursuant to a Building Permit
review or a use-by-right review under prior law, provided
such change would not have disqualified the original plan
from administrative review had it been requested at that
time; and provided that:
Section 4. That Section 2.2.11 of the Land Use Code of the City of Fort
Collins is hereby amended by adding a new subsection (A) to read as follows and
renumbering subsequent subsections accordingly:
(A) Application Submittals. An application submitted to the City for the
review and approval of a development plan must be diligently pursued and
processed by the applicant. Accordingly, the applicant, within ninety (90)
days of receipt of written comments and notice to respond from the City
on any submittal (or subsequent revision to a submittal) of an application
for approval of a development plan, shall file such additional or revised
submittal documents as are necessary to address such comments from the
City. If the additional submittal information or revised submittal is not
filed within said period of time, the development application shall
automatically lapse and become null and void. The Director may grant
one (1) extension of the foregoing ninety (90) day requirement, which
extension may not exceed thirty (30) days in length. This subsection (A)
shall apply to applications which are, or have been, filed pursuant to this
4
Land Use Code and to applications which are, or have been, filed pursuant
to the laws of the City for the development of land prior to the adoption of
this Land Use Code.
Section 5. 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, habitats
and features within its boundaries and shall indicate the
applicant's proposed rough estimate of the natural area
buffer zones as required pursuant to Section 3.4.1(E).
Section 6. That Section 3.2.2(K)(5)(a) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
(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.
Section 7. That Section 3.3.1(C) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(C) Public Sites, Reservations and Dedications.
(1) An applicant shall be required to dedicate rights-of-way for
public streets, drainage easements and utility easements as
needed to serve the area being platted. In cases where any
part of an existing road is in the tract being subdivided, the
applicant shall dedicate such additional right-of-way as
may be necessary to increase such roadway to the minimum
width required under this Land Use Code for such street.
(2) Reservation of sites for flood control, open space and other
municipal uses shall be made in accordance with the
requirements of this Land Use Code, and, generally, the
City Code.
Section 8. That Section 3.3.2(C) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
s
(C) Development Guarantee and Maintenance and Repair
Guarantees.
(1) Prior to the issuance of a Development Construction Permit
for a new development, the developer must provide to the
city a guarantee in the form of a development bond,
performance bond, letter of credit, cash, certificate of
deposit or other city-approved means to guarantee the
completion of all public improvements to be constructed as
shown on the approved plans for the development
(hereafter referred to as the "construction security"). The
amount of the construction security shall be equal to the
total cost of the developer's portion of the public
improvements, as estimated by the developer and approved
by the City Engineer. However, draws upon such
construction security shall not exceed the actual cost of
completing a deficient development project or making any
necessary repairs. As progress is made on the construction
of the new public infrastructure, the developer may request
a reduction in the amount of construction security in
proportion to the actual completion percentage of the
installed infrastructure. Upon receipt of such a request, the
city shall verify the completion percentage and permit the
substitution of an approved construction security
instrument in an amount equal to the cost of the developer's
portion of the remaining public improvements.
(2) The plat shall contain a two (2) year maintenance guarantee
and a five (5) year repair guarantee covering all errors or
omissions in the design and/or construction, which shall
constitute a total guarantee period of five (5) years. Said
guarantees shall commence upon the date of completion of
the public improvements and acceptance by the city, as
described in Section 2.2.3(C)(3) (Execution of Plats/Deeds;
Signature Requirements). If a plat is not required or if the
plat does not include the entire area being developed, then
said maintenance and repair guarantees shall be established
in a development agreement. Security for the maintenance
guarantee and the repair guarantee (hereinafter referred to
as the "maintenance/repair security") shall be in the form of
a bond, letter of credit, cash, certificate of deposit, an
extension of the security as provided in subsection (1)
above or other city-approved means to secure said
maintenance and repair. The amount of the
6
maintenance/repair security during the maintenance
guarantee period shall be based on a percentage of the cost
of the public improvements. Said percentage shall be
determined by the City Engineer based on the potential
costs of repairs within the development and shall not
exceed twenty-five (25) percent. At the conclusion of the
two-year maintenance/repair period, representatives of the
city and the developer shall jointly conduct an inspection of
the development for the purpose of identifying any repairs
or maintenance actions necessary before transfer of the
maintenance responsibility from the developer to the city.
Upon satisfactory completion of said repairs or
maintenance actions, the city will assume the responsibility
for maintaining the streets and other improvements which
have been dedicated to the city.
(3) Whether maintenance/repair security must be provided by
the developer for the remaining three (3) years of the repair
guarantee period shall depend upon the condition of the
streets and other public infrastructure within the
development. The developer shall not be required to
provide such additional maintenance/repair security for
streets or infrastructure that, upon inspection by the City
Engineer, are found not to exhibit any evidence of
deterioration or defect (including, without limitation,
excessive cracking, settlements, deflections, rutting,
potholes or other similar defects), other than normal wear
and tear. However, if evidence of such deterioration or
defect is exhibited, then the existing maintenance/repair
security shall be required to be renewed, or a new security
shall be required for the final three (3) years of the repair
guarantee period. The amount of the maintenance/repair
security during the repair guarantee period shall be based
on a percentage of the cost of the public improvements.
Said percentage shall be determined by the City Engineer
based on the potential costs of repairs within the
development, shall not exceed twenty-five (25) percent, and
may be adjusted if appropriate during the guarantee period.
Section 9. That Section 3.5.2(D) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(D) Residential Building Setbacks.
(1) Setback from Arterial Streets. The minimum setback of
every residential building and of every detached accessory
building that is incidental to the residential building from
any arterial street right-of-way shall be thirty (30) feet.
(2) Setback from Nonarterial Streets. Minimum setback of
every residential building and of every detached accessory
building that is incidental to the residential building from
any public street right-of-way other than an arterial street
right-of-way shall be fifteen (15) feet; except that in any
zone district other than the R-L, U-E and L-M-N Districts,
a minimum front yard setback of seven (7) feet shall be
permitted for attached housing with rear vehicle access and
parking.
(3) Side and Rear Yard Setbacks. The minimum side yard
setback for all residential buildings and for all detached
accessory buildings that are incidental to the residential
building shall be five (5) feet from the property line. If a
zero-lot line development plan is proposed, a single six-foot
minimum side yard is required. Rear yard setbacks in
residential areas shall be a minimum of fifteen (15) feet
from the rear property line, except for garages and storage
sheds not exceeding eight (8) feet in height, where the
minimum setback shall be zero (0) feet, and for alley-
accessed garages and dwellings for which the minimum
setback shall be eight (8) feet.
Section 10. That Section 3.5.4(C)(1)(b) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
(b) Small Retail Stores. Where large retail
establishments contain additional, separately owned
stores that occupy less than twenty-five thousand
(25,000) square feet of gross floor area, with
separate, exterior customer entrances, the street
level facade of such stores shall be transparent
between the height of three (3) feet and eight (8)
feet above the walkway grade for no less than sixty
(60) percent of the horizontal length of the building
facade of such additional stores.
Section 11. That Section 3.5.4(C)(2) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
8
(a) Each large retail establishment on a site shall have
clearly defined, highly visible customer entrances
featuring no less than three (3) of the following:
1. canopies or porticos;
2. overhangs;
3. recesses/projections;
4. arcades;
5. raised corniced parapets over the door;
6. peaked roof forms;
7. arches;
8. outdoor patios;
9. display windows;
10. architectural details such as tile work and
moldings which are integrated into the
building structure and design;
11. integral planters or wing walls that
incorporate landscaped areas and/or places
for sitting.
(b) Where additional stores will be located in the large
retail establishment, each such store shall have at
least one (1) exterior customer entrance, which shall
conform to the above requirements.
(c) All building facades which are visible from
adjoining properties and/or public streets shall
comply with the requirements of Article 3.5.3(D)(2)
above.
Section 12. That Section 3.5.4(C)(3) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(3) Site Design and Relationship to Surrounding Community.
9
(a) Entrances. All sides of a large retail establishment
that directly face an abutting public street shall
feature at least one (1) customer entrance. Where a
large retail establishment directly faces more than
two (2) abutting public streets, this requirement
shall apply only to two (2) sides of the building,
including the side of the building facing the primary
street, and another side of the building facing a
second street. (See Figure 15.)
(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 between the front
facade of the large retail establishment 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 (%) of said parking space, and (ii) all
parking spaces associated with any pad sites located
within the Front Parking Area boundaries.
(c) Back sides. The minimum setback for any building
facade shall be thirty-live (35) feet from the nearest
property line. Where the facade faces adjacent
residential uses, an earthen berm, no less than six
(6) feet in height, containing at a minimum
evergreen trees planted at intervals of twenty (20)
/0
feet on center, or in clusters or clumps, shall be
provided.
(d) Connectivity. The site design must provide direct
connections and safe street crossings to adjacent
land uses.
Section 13. That Section 3.5.4(C)(4)(b) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
(b) Continuous internal pedestrian walkways, no less
than eight (8) feet in width, shall be provided from
the public sidewalk or right-of-way to the principal
customer entrance of all large retail establishments
on the site. At a minimum, walkways shall connect
focal points of pedestrian activity such as, but not
limited to, transit stops, street crossings, building
and store entry points, and shall feature adjoining
landscaped areas that include trees, shrubs, benches,
flower beds, ground covers or other such materials
for no less than fifty (50) percent of the length of
the walkway.
Section 14. That Section 3.6.2(L)(1) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(L) Private Drives. This section shall apply only to residential land
uses. (Private drives for other land uses, such as commercial and
industrial, shall be regulated as parking lots and shall be allowed as
long as the development complies with Section 3.6.3[Street Pattern
and Connectivity Standards]).
(1) When Allowed.
(a) Single family developments. A private drive shall
be allowed to provide primary access to an
unusually shaped parcel of land to serve up to four
(4) isolated single family lots, provided that the
drive is connected to only one (1) street. A private
drive may not be used where "through traffic" (by
plan or circumstance) would use the drive. All
development plans which include any proposed
private drives must comply with Section 3.6.3
(Street Pattern and Connectivity Standards).
n
(b) Multi family developments. A private drive shall be
allowed to serve as access to buildings containing
multi-family dwelling units, provided that the drive
is connected to only one (1) street or, alternatively,
if the drive is connected to more than one (1) street,
then the private drive shall be aligned so that it does
not attract or invite "through traffic."
(c) Additional access. A private drive may be allowed
to provide additional access to lots that front on a
non-arterial street so long as such private drive is
located within a private access easement that serves
no public purpose that would require public access
(by plan or circumstance). The limit of four (4)
single family lots established in subsection (a)
above shall not apply to such additional access.
Section 15. That Section 3.8.18(b)(1)(b) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows
(b) land containing natural areas or features that are to
be protected from development and disturbance in
accordance with the requirements of Section 3.4.1,
"Natural Habitats and Features";
Section 16 That the Land Use Code of the City of Fort Collins is hereby
amended by adding a new section 3.8.25 to read as follows:
3.8.25 Abandonment Period for Permitted Uses
If, after June 25, 1999 (the effective date of the ordinance adopting this Section),
active operations are not carried on in a permitted use during a period of twelve
(12) consecutive months, the building, other structure or tract of land where such
permitted use previously existed shall thereafter be re-occupied and used only
after the building or other structure, as well as the tract of land upon which such
building or other structure is located, have, to the extent reasonably feasible, been
brought into compliance with the applicable general development standards
contained in Article 3 and the applicable district standards contained in Article 4
of this Land Use Code. This requirement shall not apply to any permitted use
conducted in a building that was less than ten (10) years old at the time that active
operations ceased. Intent to resume active operations shall not affect the
foregoing.
Section 17. That Section 4.2(E)(2)(b) of the Land Use Code of the City of Fort
Collins is hereby amended to read as follows:
12
(b) Minimum lot sizes may be waived by the Planning and Zoning
Board, provided that the overall density of the cluster development
is not greater than one (1) unit per gross acre, and the units are
clustered together in the portion of the property designated on the
plan for residential use at a density of three (3) to five (5) units per
gross acre.
Section 18. 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)
or more of the following uses: standard and
fast food restaurants; artisan and
photography studios and galleries; or
convenience grocery stores with fuel sales
that are at least three-quarter (1/4) 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 19. That Section 4.5(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 with no
more than six (6) beds.
2. Convenience retail stores without fuel sales.
3. Artisan and photography studios and
galleries.
4. Child care centers.
Section 20. That Section 4.12(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 subdistricts of the
Downtown District, subject to Building Permit (BP)
Review, administrative (Type 1) Review or Planning and
Zoning Board (Type 2) Review as specifically identified on
the chart below:
13
Land Use Old City Center Canyon Avenue Civic Center
1
MR,M'_ _ .
Two-family Not Permitted Type 1 Not Permitted
dwellings
Single-family Not Permitted Type 1 Type 1
attached dwellings
(up to four units per
building)
Multi-family BP "Type 2 Type 2
Dwellings
Group homes Type 1 Type 2 Type 2
Mixed-use dwelling BP Type 1 Type 1
units
Boarding and Type 2 Type 2 Type 2
rooming houses
Fraternity and Not Permitted Type 2 Not Permitted
sorority houses
M9
Places of worship or Not Permitted Type 1 Not Permitted
assembly
Public and private BP Type 1 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
14
Land Use Old City Center Canyon Avenue Civic Center
facilities
Public facilities BP Type I Type I
Parks, recreation and Type I 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
'WEIMIPM, I-
Bed and breakfast BP Type 1 Type I
establishments I F
Standard restaurants BP 'Type I Type 1
Retail establishments BP Type 2 Type 2
Grocery stores Not Permitted Type 1 Type I
Personal and business BP Type I Type I
service shops
Offices, financial BP Type 1 Type I
services and clinics
Artisan, photography BP Type I Type I
galleries and studios
Limited indoor BP Type 1 Type I
recreation
establishments
Fast food restaurants BP Type 1 Type I
Gasoline stations Not Permitted Type 2 Type 2
15
Land Use Old City Center Canyon Avenue Civic Center
Bars and taverns BP Type 2 Type 2
Night clubs BP "Type 2 Type 2
Entertainment BP Type 2 Type 1
facilities and theaters
Child care centers Type 1 "Type 1 Type 1
Clubs and lodges BP "Type 1 Type 1
Funeral homes Not Permitted Type 2 Not Permitted
Lodging Type 2 Type 2 Type 2
establishments
Health and BP Type 1 Type 1
membership clubs
Parking lots and
garages (as a Type 2 Type 2 Type 2
principal use)
Veterinary Not Permitted Type 2 Type 2
facilities/small animal
clinics
Supermarkets Not Permitted Type 2 Type 2
Open-air farmers Type 1 Type 1 Type 1
markets
Large retail Type 2 Type 2 Type 2
establishments
Print shop Type 1 Type 1
Dog day-care Not Permitted Type 2 Type 2
facilities
s
Workshops and small Not Permitted Type 1 Type 1
custom industry
Research laboratories Not Permitted Type 1 Type 1
16
Land Use Old City Center Canyon Avenue Civic Center
x A
Accessory buildings BP BP BP
Accessory uses BP BP BP
Satellite dishes more BP BP BP
than thirty-nine (39)
inches in diameter
Wireless Type 1 Type 1 Type 1
telecommunication
equipment
Wireless Type 2 Type 2 Type 2
telecommunication
facilities
Drive-in facilities Not Permitted Type 2 Type 2
Section 21. That Section 4.12(E)(3)(b) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
(b) Outdoor cafes. Restaurants shall be permitted to operate outdoor
cafes on sidewalks, including areas within the public right-of-way
and in courtyards, provided that pedestrian circulation and access
to store entrances shall not be impaired. Outdoor cafes shall also
be permitted to operate on rooftops, balconies, or other similar
locations. The following standards shall apply to all outdoor cafes:
1. To allow for pedestrian circulation, a
minimum of seven (7) feet of sidewalk along
the curb and leading to the entrance to the
establishment shall be maintained free of
tables and other encumbrances.
2. Planters, posts with ropes or other
removable enclosures are permitted as a way
of defining the area occupied by the cafe.
3. Extended awnings, canopies or large
umbrellas shall be permitted. Colors shall
complement building colors.
I-
4. Outdoor cafes shall be required to provide
additional trash receptacles in the outdoor
eating area.
5. Tables, chairs, planters, trash receptacles and
other elements of street furniture shall be
compatible with the architectural character
of the building where the establishment is
located in terms of style, color, materials and
similar elements.
6. The operators of outdoor cafes shall be
responsible for maintaining a clean, litter-
free and well-kept appearance within and
immediately adjacent to the area of their
activities.
Section 22. That Section 4.13(B)(3)(c) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
(c) Commercial/Retail Uses:
1. Child care centers.
2. Print shops.
Section 23. 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.
is
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.
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.
22. Print shops.
Section 24. 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:
(c) CommerciaMetail Uses:
l. Bed and breakfast establishments.
2. Standard and fast food restaurants.
3. Grocery stores.
19
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.
19. Print shops.
Section 25. 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.
20
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.
12. Convenience retail stores without fuel sales.
13. Veterinary facilities and small animal
clinics.
14. Child care centers.
15. Dog day-care facilities.
16. Print shops.
Section 26. That Section 4.17(B)(20)(c) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
(c) Commerciat/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.
21
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.
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.
25. Print shops.
22
Section 27. 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 Uses:
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.
17. Limited indoor recreation establishments.
23
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.
34. Print shops.
*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.
24
Section 28. That Section 4.19(13)(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. Grocery 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 ('/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.
16. Child care centers.
25
17. Equipment rental establishments without
outdoor storage.
18. Dog day-care facilities.
19. Print shops.
Section 29. 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.
11. Standard restaurants.
12. Fast food restaurants.
13. Frozen food lockers.
14. Retail establishments.
15. Limited indoor recreation.
26
16. Veterinarian facilities and small animal
clinics.
17. Veterinary hospitals.
18. Dog day-care facilities.
19. Print shops.
Section 30. That Section 4.21(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. Child care centers.
3. Print shops.
Section 31. That Section 4.21(B)(3)(c) of the Land Use Code of the City of
Fort Collins is hereby amended to read as follows:
(c) Commercial/Retail Uses:
1. Lodging establishments.
2. Convenience shopping centers.
3. Standard restaurants.
4. Bed and breakfast establishments.
5. Clubs and lodges.
6. Health and membership clubs.
7. Neighborhood service centers as
defined/described in the Harmony Corridor
Plan.
8. Community shopping centers as
defined/described in the Harmony Corridor
Plan.
27
9. Regional shopping centers as
defined/described in the Harmony Corridor
Plan.
10. Convention and conference center.
Section 32. 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.
8. Dog day-care facilities.
9. Print shops.
Section 33. That Section 4.22(B)(3)(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 and fast food restaurants.
2. Lodging establishments.
3. Bed and breakfast establishments.
4. Funeral homes.
28
5. Health and membership clubs.
6. Convenience shopping centers.
7. Artisan and photography studios and
galleries.
8. Veterinary hospitals.
9. Drive-in restaurants (only if located in a
convenience shopping center).
10. Convention and conference center
Section 34. That Section 4.22(D)(2) of the land Use Code of the City of Fort
Collins is hereby amended to read as follows:
(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.
(k) Convention and conference center.
29
If single-family detached dwellings are provided, at least an
equivalent number of non-single-family detached dwelling
units shall also be provided.
Section 35. 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.
14. Enclosed mini-storage facilities.
15. Equipment rental without outdoor storage.
30
16. Gasoline stations.
17. Unlimited indoor recreational uses and
facilities.
18. Dog day-care facilities.
19. Print shops.
Section 36. That the definition of"Convenience retail 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 grocery 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 37. That Section 5.1.2 of the Land Use Code of the City of Fort
Collins is hereby amended by adding a new definition "Convenience stores with fuel
sales" to read as follows:
Convenience stores with fuel sales (also known as convenience store with fuel
sales) shall mean a convenience grocery store which also sells gasoline or other
fuel products.
Section 38. That Section 5.1.2 of the Land Use Code of the City of Fort
Collins is hereby amended by adding a new definition "Development plan" to read as
follows:
Development plan shall mean an application submitted to the city for approval of
a permitted use which depicts the details of a proposed development.
Development plan includes an overall development plan, a project development
plan and/or a final plan.
Section 39. That Section 5.1.2 of the Land Use Code of the City of Fort
Collins is hereby amended by adding a new definition "Development project" to read as
follows:
Development project shall mean a project that has been reviewed under the
applicable city review process and has been approved and is ready for
development construction to begin. For the purposes of the Development
Construction Permit and its related requirements, bonds, warranties and fees, if
such a project has defined phases, then each phase shall be considered a
development project independent from the other phases.
31
Section 40. That the definition of "Gasoline station" in Section 5.1.2 of the
Land Use Code of the City of Fort Collins is hereby amended to read as follows:
Gasoline station shall mean any building, land area, premises or portion thereof,
where gasoline or other petroleum products or fuels are sold and light
maintenance activities such as engine tune-ups, lubrication, minor repairs and
carburetor cleaning may be conducted. Gasoline station shall not include
premises where heavy automobile maintenance activities such as engine overhaul,
automobile painting and body fender work are conducted.
Section 41. That the definition of "Grocery store" in Section 5.1.2 of the Land
Use Code of the City of Fort Collins is hereby amended to read as follows:
Grocery store shall mean a retail establishment which primarily sells food, but
also may sell other convenience and household goods, and which occupies a space
of at least five thousand (5,000) square feet but not more than twenty-five
thousand (25,000) square feet.
Section 42. That Section 5.1.2 of the Land Use Code of the City of Fort
Collins is hereby amended by adding a new definition "Print.shop" to read as follows:
Print shop shall mean an establishment in which the principal business consists of
duplicating and printing services using photocopy, blueprint, or offset printing
equipment, and may include the collating of booklets and reports.
Section 43. That the definition of -Vehicle minor repair, servicing and
maintenance" in Section 5.1.2 of the Land Use Code of the City of Fort Collins is hereby
amended to read as follows:
Vehicle minor repair, servicing and maintenance shall mean the use of any
building, land area, premises or portion thereof, where light maintenance activities
such as engine tune-ups, lubrication, carburetor cleaning, brake repair, car
washing, detailing, polishing or the like are conducted.
Introduced, considered favorably on first reading, and ordered published in
summary form this 1st day of June, A.D. 1999, and be presented for final passage on the
15th day of June, A.D. 1999.
Mayor
ATTEST:
City Clerk
32
Passed and adopted on final reading this 15th day of June, A.D. 1999.
Mayor
ATTEST:
- L� �& 3
City Clerk
33