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HomeMy WebLinkAbout113 - 08/05/1997 - AMENDING SECTION 1 OF ORDINANCE NO. 051, 1997, AND SECTIONS 2-453 AND 29-2 OF THE CITY CODE, PERTAIN ORDINANCE NO. 113, 1997 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 1 OF ORDINANCE NO. 51, 1997, AND SECTIONS 2-453 AND 29-2 OF THE CODE, PERTAINING TO THE ADOPTION OF THE LAND USE CODE WHEREAS, Ordinance No. 51, 1997,among other things,adopted the Land Use Code; and WHEREAS, Section 1 of said Ordinance provided that the "Transitional Land Use Regulations" were limited in their application to the review of pending land development applications filed under Ordinance No. 161, 1996; and WHEREAS, certain land development applications were anticipated under Ordinance No. 161, 1996, to be allowed to be submitted to the City under the Transitional Land Use Regulations even after the adoption of Ordinance No. 51, 1997; and WHEREAS, accordingly, Council has determined that the word"pending" in Section 1 of Ordinance No. 51, 1997, should be deleted; and WHEREAS,City staff has recommended that Section 2-453,regarding the powers and duties of the Zoning Board of Appeals,be amended to clarify the procedures under which appeals may be taken to said Zoning Board of Appeals and to delete certain provisions that are repeated in the Land Use Code; and WHEREAS, City staff is further recommending that the definition of"building permit" contained in Section 29-2 be amended to make reference to the Land Use Code and the Transitional Land Use Regulations. NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 1 of Ordinance 51, 1997 be, and hereby is, amended to read as follows: Section 1. That Articles I through V of Chapter 29 of the Code of the City (including the Land Development Guidance System) shall be removed from the Code of the City, separately codified as"Transitional Land Use Regulations," and limited in their application to the review of land development applications which are permitted to be processed pursuant to said Articles as provided in Ordinance No. 161, 1996. Section 2. That Section 2-453 of the Code of the City of Fort Collins is hereby amended to read as follows: See. 2-453. Functions. The board shall have the following powers and duties: (1) To hear and decide appeals from and review any order,requirement, decision or determination made by an administrative official charged with enforcement of the regulations established by the Land Use Code or,if applicable, Articles I through IV of the Transitional Land Use Regulations in accordance with the provisions of Division 2.10 of the Land Use Code. (2) To authorize upon appeal in specific cases, and in accordance with the provisions of Division 2.9 of the Land Use Code variances from the terms of Articles 3 and 4 of the Land Use Code, or, if applicable, Chapter 29, Articles I through IV of the Transitional Land Use Regulations. Section 3. That Section 29-2 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 29-2. Definitions. When used in this Article, the following words and terms shall have the following meanings: Building permit shall mean the permit required for new construction and additions pursuant to Section 2.13.2(A)of the Land Use Code or,if applicable, Section 29-5(a) of the Transitional Land Use Regulations. The term building permit,as used herein, shall not be deemed to include permits required for 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). Introduced,considered favorably on first reading,and ordered published this 15th day of July, A.D. 1997, and to be considered for final passage on the 5th!&7� ugust, A.D. 199 ayor ATTEST: City Clerk Passed and adopted on final reading this 5th day of August, A.D. 1997. Mayor Pro Tem ATTEST: City Clerk