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HomeMy WebLinkAbout004 - 01/18/2000 - AMENDING THE DEFINITIONS OF BUILDING PERMIT IN THE CITY CODE ORDINANCE NO. 4, 2000 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE DEFINITIONS OF `BUILDING PERMIT" IN SECTIONS 7.5-17 AND 7.5-47 OF THE CODE WHEREAS,Chapter 7.5 of the City Code authorizes the imposition of various kinds of fees on new development,the purpose of which is to defray the cost of providing the public infrastructure and services necessary to serve such new developments; and WHEREAS, such fees include the capital improvement expansion fees authorized under Chapter 7.5, Article II, the fee in lieu of school land dedication authorized under Article III of Chapter 7.5, and the neighborhood parkland fee authorized under Article V of Chapter 7.5; and WHEREAS, all of such fees are to be imposed upon the issuance of a"building permit"as defined in 7.5-17 and 7.5-47 of the Code; and WHEREAS,the definitions of"building permit"as contained in Sections 7.5-17 and 7.5-47 of the Code do not clearly convey the intent of the Council that the installation of mobile homes pursuant to Section 18-8(b) of the Code of the City should be included in the definitions so as to trigger the assessment and collection of capital improvement expansion fees and fees in lieu of school site additions and neighborhood parkland fees; and WHEREAS, the installation of new mobile home units in the City has the same impact on City infrastructure and services as does the construction of other kinds of dwelling units; and WHEREAS, the Council has determined that the definitions of "building permit" as contained in Sections 7.5-17 and 7.5-47 of the Code should be amended so as to apply to the installation of new mobile home units as well as the construction of other kinds of dwelling units. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the definition of"building permit" contained in Section 7.5-17 of the Code of the City be and hereby is amended to read as follows: Building permit shall mean the permit required for new construction and additions under Division 2.7 of the Land Use Code, or, if applicable, Section 29-5(a) of the Transitional Land Use Regulations, and the permit required for the installation of a mobile home pursuant to §18-8(b) of this Code; provided, however, that the term buildingpermit, as used herein, shall not be deemed to include permits required for the following: (1) Land development projects (or portions thereof) of any housing authority organized under the provisions of Section 29-4-101 et seq., C.R.S., also known as "The City Housing Law". (2) The installation of any mobile home that replaces a previously existing mobile home on an existing mobile home lot under §18-8(b) of the Code. (3) Remodeling,rehabilitation or other improvements to an existing structure or rebuilding a damaged or destroyed structure unless: (1) in the case of a residential use, such remodeling, expansion or improvement results in the creation of one (1) or more new dwelling units, or (2) in the case of a commercial or industrial use, such remodeling, expansion or improvement increases the gross square footage of the existing structure(s). Section 2. That the definition of"building permit" contained in Section 7.5-47 of the Code of the City be and hereby is amended to read as follows: Building permit shall mean the permit required for construction of new dwelling units and additions to existing dwelling units under Division 2.7 of the Land Use Code or,if applicable, Section 29-5(a)of the Transitional Land Use Regulations and the permit required for the installation of a mobile home pursuant to §18-8(b)of this Code,provided,however,that the term building permit, as used herein, shall not be deemed to include permits required for the following: (1) Alteration or expansion of a dwelling unit not exceeding a net increase of one thousand (1,000) square feet of the existing dwelling unit. (2) Replacement of a dwelling unit in which the replacement does not exceed a net increase of one thousand (1,000) square feet of the dwelling unit being replaced. (3) The installation of any mobile home that replaces a previously existing mobile home on an existing mobile home lot under §18-8(b) of the Code. (4) Construction of an accessory building or structure. (5) Long-term care facilities or group homes as defined in the Land Use Code. (6) Land development projects(or portions thereof)that are subject to recorded covenants permanently restricting the age of all residents of all dwelling units such that the dwelling units may be classified as "housing for older persons" pursuant to the Federal Fair Housing Amendments Act of 1988. Introduced and considered favorably on first reading and ordered published this 4th day of January, A.D. 2000, and to be presented for final passage on the 18th day of January, A.D. 2000. Mayor ATTEST: City Clerk -I 2 Passed and adopted on final reading this 18th day of January, A.D. 2000. Mayor ATTEST: City Clerk