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HomeMy WebLinkAbout091 - 06/15/2004 - MAKING VARIOUS AMENDMENTS TO THE LAND USE CODE ORDINANCE NO. 091, 2004 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 Fort Collins Land Use Code (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 is hereby amended as follows: Section 1. That Section 1.4.4(B)(2) of the Land Use Code is hereby amended to read as follows: (2) Boundaries indicated as approximately following lot lines, public property lines and the like shall be construed as following such lines; provided, however, that where such boundaries are abutting a dedicated street, alley, highway or right-of-way and the zoning status of the street, highway, alley or right-of-way is not indicated, the boundaries shall be construed as running to the middle of the street, highway, alley or right-of-way. In the event of street vacation, interpretation shall be as provided in (1) above. Section 2. That Section 2.1.5 of the Land Use Code is hereby amended to read as follows: 1 2.1.5 Dedications and Vacations Dedication of streets, easements and other rights-of-way as laid out on plats or as otherwise described in deeds of dedication, whether on or off the site of a specific planning item that is subject to Planning and Zoning Board review, shall be accepted by the Planning and Zoning Board in accordance with Section 2-353(4) of the City Code, provided that such dedication is made necessary by the approval of such planning item. The Board shall also have the authority to vacate easements and other rights-of-way, but not to include streets and alleys, by resolution or by approval of plats (or replats) containing notation of such vacation. Dedication of streets, easements and other rights-of-way as laid out on plats or otherwise described in deeds of dedication, whether on or off the site of a specific planning item that is subject to administrative review (including Basic Development Review), shall be accepted by the Director, provided that such dedication is made necessary by the approval of such planning item. With regard only to a specific planning item that is subject to administrative review, the Director shall also have the authority to vacate easements and other rights-of- way, but not to include streets and alleys, by resolution or by approval of plats (or replats) containing notation of such vacation. Section 3. That Section 2.2.2(B) of the Land Use Code is hereby amended to read as follows: (B) Applicability. A neighborhood meeting shall be required on any development proposal that is subject to Planning and Zoning Board review unless the Director determines as a part of the staff review and recommendation required pursuant to Section 2.2.1(D) that the development proposal would not have significant neighborhood impacts. Section 4. That Section 2.8.2(H) of the Land Use Code is hereby amended to read as follows: (H) Step 8 (Standards): Applicable, and the decision maker may grant a modification of standards only if it finds that the granting of the modification would not be detrimental to the public good, and that: Section. 5. That Section 2.12.4 of the Land Use Code is hereby amended to read as follows: 2.12.4 Annexation of Uses Not Legally Permitted Any use that exists on property outside the City and that is not legally permitted by the county must cease and be discontinued before the City Council adopts, on second reading, an annexation ordinance annexing any 3 such property except as provided herein. In the event that a property containing a use that is not legal pursuant to county regulations is proposed to be annexed into the city and placed into a zone district wherein such use is a permitted use, said use must be reviewed and processed as set forth in Article 4 (i.e., Type 1 review or Type 2 review) for the zone district in which the land is proposed to be located, and shall comply with the applicable standards contained in Articles 3 and 4. A development application for such review must be filed with the city within sixty (60) days following the effective date of the annexation. Such use shall be temporarily permitted for a period not to exceed six (6) months following the effective date of the annexation. In the event that the development application is not approved within said six-month period, then the use shall be discontinued within thirty (30) days following the date of the decision of denial or expiration of said six-month period, whichever first occurs, except that the Director may grant one (1) extension of the foregoing six-month requirement, which extension may not exceed three (3) months in length. In the event that the development application is approved, then such use shall be brought into full compliance with this Land Use Code and the decision made thereunder by the decision maker within sixty (60) days following the date of the decision. This section shall not apply to annexation of enclaves consisting of more than one (1) separately owned parcel. Section 6. That Section 3.2.1(E)(4)(b) of the Land Use Code is hereby amended to read as follows: (b) Screening. Parking lots with six (6) or more spaces shall be screened from abutting uses and from the street. Screening from residential uses shall consist of a fence or wall six (6) feet in height in combination with plant material and of sufficient opacity to block at least seventy-five (75) percent of light from vehicle headlights. Screening from the street and all nonresidential uses shall consist of a wall, fence, planter, earthen berm, plant material or a combination of such elements, each of which shall have a minimum height of thirty (30) inches. Such screening shall extend a minimum of seventy (70) percent of the length of the street frontage of the parking lot and also seventy (70) percent of the length of any boundary of the parking lot that abuts any nonresidential use. Openings in the required screening shall be permitted for such features as access ways or drainage ways. Where screening 4 from the street is required, plans submitted for review shall include a graphic depiction of the parking lot screening as seen from the street. Plant material used for the required screening shall achieve required opacity in its winter seasonal condition within three (3) years of construction of the vehicular use area to be screened. Section 7. That Section 3.2.1(F)(3) of the Land Use Code is hereby amended to read as follows: (3) All existing street trees that are located on city rights-of-way abutting the development shall be accurately identified by species, size, location and condition on required landscape plans, and shall be preserved and protected in accordance with the standards of subsection(G). Section 8. That Section 3.2.1(J)(1)(b) of the Land Use Code is hereby amended to read as follows: (b) trees and other plants used to landscape a residential local street parkway abutting lots for single-family detached dwellings. Section 9. That Section 3.2.2(D)(3)(a)l. of the Land Use Code is hereby amended to read as follows: 1. such spaces are provided collectively by two (2) or more buildings or uses on abutting lots in a single parking area located within the boundaries of those abutting lots, and the total number of parking spaces supplied collectively is equal to the number of spaces required by this subdivision for each use considered separately, or Section 10. That Section 3.2.3(D)(2) of the Land Use Code is hereby amended to read as follows: (2) The impact of trees shall be evaluated on an individual basis considering the potential impacts of the shading and the potential adverse impacts that the shading could create for the adjacent properties in terms of blocking sunlight in indoor living areas, outdoor activity areas, gardens and similar spaces benefitting from access to sunlight. Shading 5 caused by deciduous trees can be beneficial and is not prohibited. Section 11. That Section 3.4.1 of the Land Use Code is hereby amended to read as follows: 3.4.1 Natural Habitats and Features (A) Applicability. This Section applies if any portion of the development site is within five hundred (500) feet of an area or feature identified as a natural habitat or feature on the city's Natural Habitats and Features Inventory Map, or if any portion of the development site possesses characteristics (including, without limitation, wetlands, riparian areas or foothills forest) which would have supported their inclusion on the Natural Habitats and Features Inventory Map, and such areas are discovered during site evaluation and/or reconnaissance associated with the development review process. Resources included on the Natural Habitats and Features Inventory Map, as described in detail in Technical Memorandum 2, "Identification of Natural Areas," of the Natural Areas Policy Plan, are as follows: (1) Natural Communities or Habitats: (a) Aquatic (e.g., rivers, streams, lakes,ponds); (b) Wetland and wet meadow; (c) Native grassland; (d) Riparian forest; (e) Urban plains forest; (f) Riparian shrubland; and (g) Foothills forest. (2) Special Features: (a) Significant remnants of native plant communities; (b) Potential habitats and known locations of rare, threatened or endangered plants; 6 (c) Potential habitats and known locations of rare, threatened or endangered animals; (d) Raptor habitat features, including nest sites, communal roost sites and key concentration areas; (e) Concentration areas for nesting and migratory shorebirds and waterfowl; (f) Migratory songbird concentration areas; (g) Key nesting areas for grassland birds; (h) Fox and coyote dens; (i) Mule deer winter concentration areas; 0) Prairie dog colonies over fifty(50) acres in size; (k) Concentration areas for rare, migrant or resident butterflies; (1) Areas of high terrestrial or aquatic insect diversity; (m) Areas of significant geological or paleontological interest; and (n) Irrigation ditches that serve as wildlife corridors. (B) Purpose. The purpose of this Section is to ensure that when property is developed consistent with its zoning designation, the way in which the proposed physical elements of the development plan are designed and arranged on the site will protect the natural habitats and features both on the site and in the vicinity of the site. (C) General Standard. To the maximum extent feasible, the development plan shall be designed and arranged to be compatible with and to protect natural habitats and features and the plants and animals that inhabit them and integrate them within the developed landscape of the community by: (1) directing development away from sensitive resources, (2) minimizing impacts and disturbance through the use of buffer zones, (3) enhancing existing conditions, or (4) restoring or replacing the resource value lost to the community (either on-site or off-site) when a development proposal will result in the disturbance of natural habitats or features. 7 (D) Ecological Characterization and Natural Habitat or Feature Boundary Definition. The boundary of any natural habitat or feature shown on the Natural Habitats and Features Inventory Map is only approximate. The actual boundary of any area to be shown on a project development shall be proposed by the applicant and established by the Director through site evaluations and reconnaissance, and shall be based on the ecological characterization of the natural habitat or feature in conjunction with the map. (1) Ecological Characterization Study. If the development site contains, or is within five hundred (500) feet of, a natural habitat or feature, or if it is determined by the Director, upon information or from inspection, that the site likely includes areas with wildlife, plant life and/or other natural characteristics in need of protection, then the developer shall provide to the city an ecological characterization report prepared by a professional qualified in the areas of ecology, wildlife biology or other relevant discipline. The Director may waive any or all of the following elements of this requirement if the city already possesses adequate information required by this subsection to establish the buffer zone(s), as set forth in subsection (E) below, and the limits of development ("LOD"), as set forth in subsection (I) below. The ecological characterization study shall describe, without limitation, the following: (a) the wildlife use of the area showing the species of wildlife using the area, the times or seasons that the area is used by those species and the "value" (meaning feeding, watering, cover, nesting, roosting, perching) that the area provides for such wildlife species; (b) the boundary of wetlands in the area and a description of the ecological functions and characteristics provided by those wetlands; (c) any prominent views from or across the site; (d) the pattern, species and location of any significant native trees and other native site vegetation; (e) the bank, shoreline and high water mark of any perennial stream or body of water on the site; 8 (f) areas inhabited by or frequently utilized by Sensitive and Specially Valued Species; (g) special habitat features; (h) wildlife movement corridors; (i) the general ecological functions provided by the site and its features; 0) any issues regarding the timing of development- related activities stemming from the ecological character of the area; and (k) any measures needed to mitigate the projected adverse impacts of the development project on natural habitats and features. (2) Wetland Boundary Delineation. In establishing the boundaries of a wetland, the applicant and the Director shall use soil samples, ecological characterization and hydrological evidence, to the extent that such are in existence or are requested of and provided by the applicant. The Director may also utilize the standards and guidelines and/or the professional recommendations of the U.S. Army Corps of Engineers, the U.S. Fish and Wildlife Service, the Colorado Natural Heritage Program, and/or the Colorado Division of Wildlife in establishing such boundaries. Wetland boundary delineations shall be established in accordance with the U.S. Fish and Wildlife Service wetland classification system and shall be identified in the submittal documents for the review of the project development plan (if applicable, or if not applicable, the most similar development review) and prior to commencement of any construction activities. The U.S. Army Corps of Engineers standards and guidelines shall be used to identify the boundaries of any"jurisdictional wetland." (E) Establishment of Buffer Zones. Buffer zones surrounding natural habitats and features shall be shown on the project development plan for any development that is subject to this Division. The purpose of the buffer zones is to protect the ecological character of the natural habitat or natural feature from the impacts of the ongoing activity associated with the development. 9 (1) Buffer Zone Performance Standards. The decision maker shall determine the buffer zones for each natural habitat or feature contained in the project site. The buffer zones may be multiple and noncontiguous. The general buffer zone distance is established according to the buffer zone table below, but the decision maker shall reduce or enlarge any portion of the general buffer zone distance, if necessary in order to ensure that the performance standards set forth below are achieved. The buffer zone performance standards are as follows: (a) The project shall be designed to preserve or enhance the ecological character or function and wildlife use of the natural habitat or feature and to minimize or adequately mitigate the foreseeable impacts of development. (b) The project, including, by way of example and not by way of limitation, its fencing, pedestrian/bicycle paths and roadways, shall be designed to preserve or enhance the existence of wildlife movement corridors between natural features, both within and adjacent to the site. (c) The project shall be designed to preserve significant existing trees and other significant existing vegetation on the site. (d) The project shall be designed to protect from adverse impact species utilizing special habitat features such as key raptor habitat features, including nest sites, night roosts and key feeding areas as identified by the Colorado Division of Wildlife or in the Fort Collins Natural Areas Policy Plan (NAPP); key production areas, wintering areas and migratory feeding areas for waterfowl; key use areas for wading birds and shorebirds; key use areas for migrant songbirds; key nesting areas for grassland birds; fox and coyote dens; mule deer winter concentration areas as identified by the Colorado Division of Wildlife or NAPP; prairie dog colonies over fifty (50) acres in size as included on the Natural Habitats and Features Inventory Map; key areas for rare, migrant or resident butterflies as identified in the NAPP; areas of high terrestrial or aquatic insect diversity as identified in the NAPP; 10 remnant native prairie habitat; mixed foothill shrubland; foothill ponderosa pine forest; plains cottonwood riparian woodlands; and any wetland greater than one-quarter('/4) acre in size. (e) The project shall be designed so that the character of the proposed development in terms of use, density, traffic generation, quality of runoff water, noise, lighting and similar potential development impacts shall minimize the degradation of the ecological character or wildlife use of the affected natural habitats or features. (f) The project shall be designed to integrate with and otherwise preserve existing site topography, including but not limited to such characteristics as steepness of slopes, existing drainage features, rock outcroppings, river and stream terraces, valley walls, ridgelines and scenic topographic features. (g) The project shall be designed to enhance the natural ecological characteristics of the site. If existing landscaping within the buffer zone is determined by the decision maker to be incompatible with the purposes of the buffer zone, then the applicant shall undertake restoration and mitigation measures such as regrading and/or the replanting of native vegetation. (h) The project may be designed to provide appropriate human access to natural habitats and features and their associated buffer zones in order to serve recreation purposes, provided that such access is comptabile with the ecological character or wildlife use of the natural habitat or feature. (i) Fencing associated with the project shall be designed to be compatible with the ecological character and wildlife use of the natural habitat or feature. (j) Although the buffer zone table establishes a buffer zone standard of a 900 foot radius for Red-tailed and Swainson's hawk nest sites, such buffer zone standards may be reduced by the decision maker to a radius of not less than four hundred fifty (450) 11 feet from such nest sites provided that the developer mitigates such reduction of the buffer area by providing an alternative area of land acceptable to the City for use as raptor habitat (as described in the Natural Habitats and Features Mitigation Manual), which alternative area shall be: (1) equal in acreage to the number of acres (or portion thereof) lost because of the reduction of the buffer area; and (2) subject to legal restrictions which are permanently enforceable by the city and are otherwise sufficient and satisfactory, as reasonably determined by the city, to prevent uses or activities on said property that would not be compatible with encouraging and preserving raptor habitat and/or nesting activities. In lieu of the developer's provision of mitigation land as aforesaid, the developer may elect to pay to the City, not later than the date of issuance of the first building permit, an amount established by the City Manager as being sufficient to compensate the city for the then current fair market value of comparable land in the city, for each acre (or portion thereof) of land lost because of the reduction of the buffer area. Any such payment shall be used by the city only for the purpose of acquiring acceptable land suitable for raptor habitat or restoring city-owned lands for the purpose of establishing new raptor habitat thereon. The amount established by the City Manager as aforesaid shall be based upon the most recent "Cost of Land Report" as prepared by the city's Department of Natural Resources and such other credible information regarding current land values as may be available to the City Manager, and shall be adjusted annually. At the discretion of the City Manager, the determination may be referred to the City Council for decision by resolution or ordinance. Notwithstanding the foregoing, if a Red- tailed or Swainson's hawk nest site is located within the right-of-way of a four-lane arterial or major arterial street, or in the D, Downtown; CC, Community Commercial; CCN, Community Commerical-North College; C, Commercial; CN, Commercial-North College; NC, Neighborhood Commercial; or CL, Limited Commercial Zone Districts, then the decision maker may reduce the buffer zone standard to as little as zero feet 12 provided that the developer preserves the nest tree and provides mitigation in accordance with this subparagraph 0). (2) Development Activities Within the Buffer Zone. (a) No disturbance shall occur within any buffer zone and no person shall engage in any activity that will disturb, remove, fill, dredge, clear, destroy or alter any area, including vegetation within natural habitats or features including without limitation lakes, ponds, stream corridors and wetlands, except as provided in subsection(c)below. (b) If the development causes any disturbance within the buffer zone, whether by approval of the decision maker or otherwise, the applicant shall undertake restoration and mitigation measures within the buffer zone such as regrading and/or the replanting of native vegetation. The applicant shall undertake mitigation measures to restore any damaged or lost natural resource either on-site or off-site at the discretion of the decision maker. Any such mitigation or restoration shall be at least equal in ecological value to the loss suffered by the community because of the disturbance, and shall be based on such mitigation and restoration plans and reports as have been requested, reviewed and approved by the decision maker. Unless otherwise authorized by the decision maker, if existing vegetation (whether native or non-native) is destroyed or disturbed, such vegetation shall be replaced with native vegetation and landscaping. (c) The decision maker may allow disturbance or construction activity within the buffer zone for the following limited purposes: 1. mitigation of development activities; 2. restoration of previously disturbed or degraded areas or planned enhancement projects to benefit the natural area or feature; 3. emergency public safety activities; 13 4. utility installations when such activities and installations cannot reasonably be located outside the buffer zone or other nearby areas of development; 5. construction of a trail or pedestrian walkway that will provide public access for educational or recreational purposes provided that the trail or walkway is compatible with the ecological character or wildlife use of the natural habitat or feature; and 6. construction or installation of recreation features or public park elements, provided that such features or elements are compatible with the ecological character or wildlife use of the natural habitat or feature. BUFFER ZONE TABLE FOR FORT COLLINS NATURAL HABITATS AND FEATURES',= NATURAL HABITAT OR FEATURE BUFFER ZONE STANDARD' Isolated Areas Irrigation ditches that serve as wildlife corridors 50 feet Isolated patches of native grassland or shrubland 50 feet Isolated patches of native upland or riparian forest 50 feet Woodlots/famutead windbreaks 25 feet Naturalized irrigation ponds 50 feet Naturalized storm drainage channels/detention ponds 50 feet Lakes or reservoirs 100 feet Wetlands< 1/3 acre in size 50 feet Wetlands> 1/3 acre in size,without significant use by 100 feet waterfowl and/or shorebirds Wetlands> 1/3 acre in size with significant use by waterfowl 300 feet and/or shorebirds. Stream Corridors Boxelder Creek 100 feet Cache Is Poudre River(west UGA boundary to College 300 feet Avenue Cache Is Poudre River in downtown(College to Lincoln 200 feet Avenue)' Cache la Poudre River(Lincoln Avenue to east UGA 300 feet boundary) Cooper Slough 300 feet Dry Creek 100 feet Fossil Creek and Tributaries 100 feet Spring Creek 100 feet 14 Special Habitat Features/Resources of Special Concern Bald eagle communal feeding sites 660 feet Bald eagle communal roost sites 1,320 feet Bald eagle nest sites 2 640 feet Red-tailed and Swainson's hawk nest sites 900 feet Winter raptor concentration areas 300 feet Great blue heron colonial nest sites 825 feet Migratory waterfowl concentration areas 300 feet Nesting waterfowl concentration areas 300 feet NATURAL HABITAT OR FEATURE BUFFER ZONE STANDARD' Special Habitat Features/Resources of Special Concern Migratory shorebird concentration areas 300 feet Nesting shorebird concentration areas 300 feet Migratory songbird concentration areas 300 feet Locations of Preble's meadowjumping mouse 300 feet Location of fox coyote,and badger dens 50 feet Locations of rare butterfly species site analysis Locations of rare threatened or endangered plant species site analysis Locations of geological or paleontological sites of special site analysis interest 'Note that these buffer zone standards do not apply in areas zoned RDR — River Downtown Redevelopment. Alternative standards are included in the description of this zone district. 'Table distances may be modified as described in Section 3.4.1(E)(1)above to meet performance standards. 'Buffer zone table distances shall be measured in a straight line without regard to topography. Measurements will be made from the outer edge of the natural habitat or feature to the boundary of the lot,tract or parcel of land that defines and describes the development. (a) Isolated area buffer zones such as woodlots, farm windbreaks, and forests will be measured from the outer edge of the drip line toward the boundary of such lot,tract or parcel of land. (b) Wetlands, grasslands and shrubland buffer zones will be measured from the outside edge of the habitat toward the boundary of such lot,tract or parcel of land. (c) Stream corridors, lakes, reservoirs, and irrigation ditches buffer zones will be measured from the level of bankfull discharge toward the boundary of such lot,tract or parcel of land. (d) Special habitat features/resources of special concern will be measured as a radius starting from the outer edge of the habitat toward the boundary of such lot,tract or parcel of land. (e) Locations of geological or paleontological sites of special interest will be measured from the outer edge of the feature toward the boundary of such lot,tract or parcel of land. (F) Protection of Wildlife Habitat and Ecological Character. (1) Sensitive or Specially Valued Species. If the ecological characterization report required pursuant to subsection (D)(1) above shows the existence in such natural habitat or feature of a plant or wildlife species identified by the city as a Sensitive or Specially Valued Species, or by state or federal agencies as "threatened", "endangered", "species of concern", or "sensitive natural community", then the development plan shall include provisions to ensure that 15 any habitat contained in any such natural habitat or feature or in the adjacent buffer zone which is of importance to the use or survival of any such species shall not be disturbed or diminished and, to the maximum extent feasible, such habitat shall be enhanced. (NOTE: Some studies, e.g., rare plant surveys, are time-limited and can only be performed during certain seasons.) Projects that impact habitat areas used by Sensitive or Specially Valued Species shall be subject to Planning and Zoning Board Review. (2) Connections. If the development site contains existing natural habitats or features that connect to other off-site natural habitats or features, to the maximum extent feasible the development plan shall preserve such natural connections. If natural habitats or features lie adjacent to (meaning in the region immediately round about) the development site, but such natural habitats or features are not presently connected across the development site, then the development plan shall, to the extent reasonably feasible, provide such connection. Such connections shall be designed and constructed to allow for the continuance of existing wildlife movement between natural habitats or features and to enhance the opportunity for the establishment of new connections between areas for the movement of wildlife. (3) Wildlife Conflicts. If wildlife that may create conflicts for the future occupants of the development (including, but not limited to, prairie dogs, beaver, deer and rattlesnakes) are known to exist in areas adjacent to or on the development site, then the development plan must, to the extent reasonably feasible, include provisions such as barriers, protection mechanisms for landscaping and other site features to minimize conflicts that might otherwise exist between such wildlife and the developed portion of the site. (G) LakevRiparian Area Protection. (1) Lakes, Reservoirs and Ponds. If the development site contains a lake, reservoir or pond, the development plan shall include such enhancements and restoration as are necessary to provide reasonable wildlife habitat and improve aesthetic quality in areas of shoreline transition and areas subject to wave erosion. The development plan shall also include a design that requires uniform and ecologically and aesthetically compatible treatment among the lots or tracts surrounding a lake, reservoir or pond with 16 regard to the establishment of erosion control protection and shoreline landscaping on or adjacent to such lots or tracts. Water bodies and features such as irrigation ponds, reflecting pools and lagoons constructed as new landscaping features of a development project shall be exempt from the standards contained in this subparagraph. (2) Streambank Stabilization. When the Stormwater Master Plans and the Storm Drainage Design Criteria and Construction Standards of the city require streambank stabilization, native vegetation shall be utilized for such purpose, and engineered stabilization techniques such as exposed rip rap shall be avoided, to the maximum extent feasible. The use of native vegetation shall be the principal means of streambank stabilization, and the use of rip-rap for streambank stabilization shall be restricted to locations where the use of vegetation techniques is not reasonably feasible. (H) Ridgeline Protection. (1) Ridgeline Setback. So that structures blend more naturally into the landscape rather than being a prominent focal point, no development shall intrude into any ridgeline protection area identified and designated by the Director during the development review process in conjunction with the establishment of the LOD and the buffer zone. For the purposes of this subsection, a designated ridgeline protection area shall include the crest of any hill or slope so designated, plus the land located within one hundred (100) horizontal feet (plan view) on either side of the crest of the hill or slope. (2) Building Height and Profile. Multilevel buildings shall follow the general slope of the site in order to keep the building height and profile in scale with surrounding natural features. (n Design and Aesthetics. (1) Project design. Projects in the vicinity of large natural habitats and/or natural habitat corridors, including, but not limited to, the Poudre River Corridor and the Spring Creek Corridor, shall be designed to complement the visual context of the natural habitat. Techniques such as architectural design, site design, the use of native 17 landscaping and choice of colors and building materials shall be utilized in such manner that scenic views across or through the site are protected, and manmade facilities are screened from off-site observers and blend with the natural visual character of the area. These requirements shall apply to all elements of a project, including any aboveground utility installations. (2) Visual Character of Natural Features. Projects shall be designed to minimize the degradation of the visual character of affected natural features within the site and to minimize the obstruction of scenic views to and from the natural features within the site. (J) Stormwater DrainagelErosion Control. All stormwater drainage and erosion control plans shall meet the standards adopted by the city Stormwater Utility for design and construction and shall, to the maximum extent feasible, utilize nonstructural control techniques, including but not limited to: (1) limitation of land disturbance and grading; (2) maintenance of vegetated buffers and natural vegetation; (3) minimization of impervious surfaces; (4) use of terraces, contoured landscapes, runoff spreaders, grass or rock-lined waterways; (5) use of infiltration devices; (6) use of recharge basins, seepage pits, dry wells, seepage beds or ditches,porous pavement or sub-drain systems. (K) Water Rights. To the extent that a development plan proposes the creation of water features such as lakes, ponds, streams or wetlands, the plan must include clear and convincing evidence that such water features will be supplied with sufficient water whether by natural means or by the provision of sufficient appropriative water rights. No development plan shall be approved which would have the effect of injuring or diminishing any legally established water supply for any natural area. (L) Compatibility with Public Natural Areas or Conserved Land. If the project contains or abuts a publicly owned natural area or conserved land, the development plan shall be designed so that it will be compatible with the management of such natural area or conserved land. In order to achieve this, the development plan 18 shall include measures such as barriers or landscaping measures to minimize wildlife conflicts, setbacks or open space tracts to provide a transition between the development and the publicly owned natural area or conserved land, and educational signage or printed information regarding the natural values, management needs and potential conflicts associated with living in close proximity to such natural area or conserved land. (M) Access to Public Natural Areas or Conserved Land. In the event that the development plan contains or abuts a publicly owned natural area or conserved land, the development plan shall include such easements and rights-of-way as are necessary to allow reasonable access for the public to such natural area or conserved land, unless such access is deemed by the decision maker to be unnecessary and undesirable for the proper public utilization of such natural area or conserved land. Any such access requirement or dedication shall be credited (based upon a fair market value analysis) against any such natural area or conserved land dedication or fee-in-lieu thereof required by the city. If the development site contains any privately owned natural area or open lands, any access provided to such area, whether for private or public use, if determined to be appropriate, shall be designed and managed in such manner as to minimize the disturbance of existing wildlife using such area. (N) Standards for Protection During Construction. For every development subject to this Division, the applicant shall propose, and the Director shall establish, measures to be implemented during the actual construction phase of the project to ensure protection of natural habitats and features and their associated buffer zones, as follows. (1) Limits of Development. The applicant shall propose, and the Director shall establish on the project development plan, a "limits of development" ("LOD") line(s) to establish the boundary of the project outside of which no land disturbance activities will occur during the construction of the project. The purpose of the LOD lines shall be to protect natural habitats and features and their associated buffer zones from inadvertent damage during site construction activities. The location of the LOD shall be designed to preserve significant ecological characteristics of the affected natural habitat or feature that could not reasonably be restored if disturbed by construction activities associated with the project. The LOD shall also be designed to accommodate the practical needs of approved construction activity in terms of ingress and 19 egress to the developed project and necessary staging and operational areas. (2) Designation. LODs, as approved by the Director, shall be shown on the final plan for development. LODs shall be designated in the field prior to commencement of excavation, grading or construction with fencing or other methods approved by the Director. (3) Barrier Fencing. Construction barrier fencing shall be provided at the limits of development during construction. For the protection of natural habitats and features, including but not limited to trees and clumps of trees to be preserved with a buffer zone that is to be disturbed, tree protection specifications as described in subsection 3.2.1(G)(1) and(3) through (7) shall be followed. (4) Construction Timing. Construction shall be organized and timed to minimize the disturbance of Sensitive or Specially Valued Species occupying or using on-site and adjacent natural habitats or features. (5) Prairie Dog Removal. Before the commencement of grading or other construction on the development site, any prairie dogs inhabiting portions of the site within the LOD shall be relocated or eradicated by the developer using city- approved methods as set forth in Chapter 4 of the City Code and, when applicable, using methods reviewed and approved by the Colorado Division of Wildlife. (0) Proof of Compliance. (1) If a proposed development will disturb an existing wetland, the developer shall provide to the city a written statement from the U.S. Army Corps of Engineers that the development plan fully complies with all applicable federal wetland regulations as established in the federal Clean Water Act. (2) If the Director obtains credible information regarding threatened or pending regulatory enforcement action related to an environmental condition of the property to be developed, or an environmental impact related to the development plan, then the Director may require the developer to provide to the city written statements from such governmental agencies as the Director may designate 20 as having related jurisdiction based on the nature of the threatened enforcement action or environmental impact. Said statements shall verify that the development plan fully complies with environmental regulations within the jurisdiction of the writing agency. If the developer, after a diligent effort, is unable to obtain such written verifications from one (1) of more of the designated agencies, the developer shall at least provide to the city a written verification from said agency that the city's approval of the development plan will not interfere with a threatened or pending environmental enforcement action of said agency. All required written statements shall be provided to the Director prior to the scheduling of the hearing for the project development plan. Section 12. That Section 3.5.3(B)(2)(d)2. and 3. of the Land Use Code is hereby amended to read as follows: 2. if the building abuts a four-lane or six-lane 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 abutting 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. 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 abutting the street(s). 21 Section. 13. That Section 3.5.4(C)(3)(c) of the Land Use Code is hereby amended to read as follows: (c) Back sides. The minimum setback for any building facade shall be thirty-five (35) feet from the nearest property line. Where the facade faces abutting 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) feet on center, or in clusters or clumps, shall be provided. Section 14. That Section 3.6.3(C) and (D) of the Land Use Code are hereby amended to read as follows: (C) Except as provided in (B) above for cul-de-sacs, no dead-end streets shall be permitted except in cases where such streets are designed to connect with future streets on abutting land, in which case a temporary turnaround easement at the end of the street with a diameter of at least eighty (80) feet must be provided. Such turnaround easement shall not be required if no lots in the subdivision are dependent upon such street for access. (D) If residential lots in a subdivision abut an arterial street, no access to individual lots from such arterial street shall be permitted. Section 15. That Section 3.6.2(J)(1) of the Land Use Code is hereby amended to read as follows: (1) Public alleys in residential subdivisions shall be permitted only when: (a) they are necessary and desirable to continue an existing pattern, or (b) they are needed to allow access to residential properties having garages or other parking areas situated behind the principal structure and the principal structure is on a residential local street. Section 16. That Section 3.6.5(B) of the Land Use Code is hereby amended to read as follows: (B) Genera[ Standard. All development located on an existing or planned transit route shall accommodate a transit stop and other associated facilities as prescribed by the City of Fort Collins Transit Design Standards and Guidelines, unless the Director of Transportation Services determines that adequate transit facilities consistent with the Transit Design Standards already exist to serve 22 the needs of the development. All development located on existing transit routes will accommodate the transit facilities by providing the same at the time of construction. All development located on planned routes will accommodate said facilities by including the same in the development plan and escrowing fends in order to enable the city or its agents to construct the transit facilities at the time transit service is provided to the development. Section 17. That Section 3.8.5(C) of the Land Use Code is hereby amended to read as follows: (C) All such veterinary clinics and hospitals shall be designed and constructed in a manner that reduces the sound coming from any such clinic or hospital to the level of sixty-five (65) decibels at any given abutting property line. Section 18. That Section 3.8.7(C)(d)2. and 3. of the Land Use Code are hereby amended to read as follows: 2. All such signs shall be located within the development and must be located along arterial streets abutting the development and shall be subject to the following limitations: a. No more than two (2) such signs shall be permitted on any single arterial boundary of the development. b. Such signs must be at least one thousand (1,000) feet apart if they are not located at the same intersection. 3. When a development has no frontage on an arterial street, identification signs may be located along collector streets abutting the development, except that no more than one (1) such sign shall be permitted along any collector street abutting the development. Section 19. That Section 3.8.7(E)(10) of the Land Use Code is hereby amended to read as follows: (10) The length of any flush wall sign for an individual tenant space shall be limited to seventy-five (75) percent of the 23 width of the tenant storefront, but no sign shall exceed forty (40) feet in length; provided, however, that any individual tenant space exceeding forty-five thousand (45,000) square feet in floor area shall be permitted one (1) flush wall sign not exceeding fifty-five (55) feet in length. Each tenant space shall be allowed one (1) such flush wall sign on each exterior building wall directly abutting the tenant space. In the event that a tenant space does not have a directly abutting exterior wall, one (1) sign not exceeding thirty(30) square feet may be erected on an exterior wall of the building for the purpose of identifying that tenant space. Section 20. That Section 3.8.7(G) of the Land Use Code is hereby amended to read as follows: (1) Ground signs which exceed forty-two (42) inches in height, and freestanding signs which do not maintain free air space between a height of forty-two (42) inches and seventy-two (72) inches above the abutting street elevation, shall be set back from the right-of-way line a distance as established in the sight distance triangle table contained in this subsection. A freestanding sign shall not be construed to have free air space if such sign has a base, the width of which exceeds fifty (50) percent of the width of its face or three (3) feet, whichever is smaller. In addition, freestanding and ground signs shall not be located closer to the right-of-way line than allowed in the tables below that apply to such signs. (5) When a freestanding or ground sign is placed on a lot with two (2) or more street frontages, such sign shall be said to abut a particular street frontage when it is located closer to that street frontage than any other street frontage. (7) If a lot has more than one (1) street frontage, the freestanding or ground sign permitted for each frontage must abut the street frontage which is the basis for the allotment of such sign. (8) The sign face of a single face sign must be most nearly parallel to the abutting street frontage. The sign faces of a 24 multi-face sign must be most nearly perpendicular to the abutting street frontage. Section 21. That Section 3.8.11(C)(4) of the Land Use Code is hereby amended to read as follows: (4) no more than forty-two (42) inches in height when located within the visual clearance triangle described in Section 3.8.7(G)(1), 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; Section 22. That Section 3.8.17(A)(3) of the Land Use Code is hereby amended to read as follows: (3) Transitional Height. Regardless of the maximum building height limit imposed by the zone district standards of this Land Use Code, applicants shall be allowed to use a "transitional" height limit. The allowed "transitional' height may fall at or below the mid-point between the zone district maximum height limit and the height, in feet, of a building that exists on a lot that abuts the subject lot and faces the same street as the building on the subject lot. This provision shall not be interpreted as requiring greater minimum heights or lower maximum heights than imposed by the underlying zone district. Section 23. That Section 3.8.19(B) of the Land Use Code is hereby amended to read as follows: (B) Contextual Setbacks. Regardless of the 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 abuts, and is oriented to, the same street as the subject lot. If the subject lot is a comer 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 25 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 24. That Section 3.9.4(B)(1) of the Land Use Code is hereby amended to read as follows: (B) Site Perimeter Landscaping Abutting the 1-25 Right-of-Way. (1) Buffers abutting I-25. Developments with a site perimeter which is adjoining the I-25 right-of-way shall provide a landscaped buffer of at least eighty (80) feet between the building or parking lot edge and the 1-25 right-of-way. The buffer shall consist of informal clusters of deciduous and evergreen trees and shrubs planted in an offset pattern and shall consist of one (1) tree and ten (10) shrubs per twenty- five (25) lineal feet of frontage. Section 25. That Section 4.1(B)(3)(c)5. of the Land Use Code is hereby amended to read as follows: 5. Adult day/respite care center. Section 26. That Sectin 4.3(B)(3)(c)2. of the Land Use Code is hereby amended to read as follows: 2. Adult day/respite care center. Section 27. That Section 4.4(B)(2)(b)2. of the Land Use Code is hereby amended to read as follows: 2. Public and private schools for college, university, vocational and technical education, provided they are located within five hundred (500) feet of East Vine Drive or railroad property abutting and parallel to East Vine Drive. Section 28. That Section 4.4(B)(2)(c)4. of the Land Use Code is hereby amended to read as follows: 4. Adult day/respite care center. Section 29. That Section 4.4(B)(3)(c)2. and 3. of the Land Use Code are hereby amended to read as follows: 26 2. Enclosed mini-storage facilities, provided they are located on property adjoining the railroad property abutting and parallel to East Vine Drive, and are located within five hundred(500) feet of such railroad property. 3. Limited indoor recreation establishments, provided they are located within five hundred (500) feet of East Vine Drive or of the railroad property abutting and parallel to East Vine Drive. Section 30. That Section 4.4(D)(2)(b) of the Land Use Code is hereby amended to read as follows: (b) Lot sizes and dimensions shall be varied for different housing types to avoid monotonous streetscapes. For example, larger housing types on larger lots are encouraged on comers. Smaller lots abutting common open spaces are encouraged. Section 31. That Section 4.5(B)(2)(c)5. of the Land Use Code is hereby amended to read as follows: 5. Adult day/respite care center. Section 32. That Section 4.5(D)(2)(b) of the Land Use Code is hereby amended to read as follows: (b) Lot sizes and dimensions shall be varied for different housing types to avoid monotonous streetscapes. For example, larger housing types on larger lots are encouraged on comers. Smaller lots abutting common open spaces are encouraged. Section 33. That Section 4.7(B)(1)(c)2. of the Land Use Code is hereby amended to read as follows: 2. Adult day/respite care center. Section 34. That Section 4.8(B)(1)(c)4. of the Land Use Code is hereby amended to read as follows: 4. Adult day/respite care center. 27 Section 35. That Section 4.11(E)(4)(b)l. of the Land Use Code is hereby amended to read as follows: 1. Parking areas shall have blocks of parking stalls interspersed with landscaped islands in order to minimize the visual contrast of the parking area with the natural landscape. To the maximum extent feasible, pavement edges shall be flush with abutting landscape materials or walkways to minimize the appearance of standard concrete curbs and to emphasize the integration of development with the landscape. Section 36. That Section 4.13(B)(3)(c)6. of the Land Use Code is hereby amended to read as follows: 6. Adult day/respite care center. Section 37. That Section 4.13(D)(3)(c)1. of the Land Use Code is hereby amended to read as follows: 1. Height/Mass. Multiple story buildings of up to five (5) stories are permitted; however, massing shall be terraced back from the River and from streets as follows: (1) buildings or parts of buildings shall step down to one (1) story abutting the River landscape frontage; and (2) buildings or parts of buildings shall step down to three (3) stories or less abutting any street frontage. Section 38. That Section 4.14(B)(2)(c)24. of the Land Use Code is hereby amended to read as follows: 24. Adult day/respite care center. Section 39. That Section 4.15(B)(2)(c)22. of the Land Use Code is hereby amended to read as follows: 22. Adult day/respite care center. Section 40. That Section 4.16(B)(2)(c)19. of the Land Use Code is hereby amended to read as follows: 28 19. Adult day/respite care center. Section 41. That Section 4.16(D)(3)(a)1. of the Land Use Code is hereby amended to read as follows: 1. Height/Mass. The maximum building height shall be three (3) stories. If multi- story buildings are included in a development, such buildings shall be designed to step down to one (1) story directly abutting the natural area protection buffer. Section 42. That Section 4.17(B)(3)(b)15. of the Land Use Code is hereby amended to read as follows: 15. Adult day/respite care center. Section 43. That Section 4.18(B)(2)(c)39. of the Land Use Code is hereby amended to read as follows: 39. Adult day/respite care center. Section 44. That Section 4.19(B)(2)(c)21. of the Land Use Code is hereby amended to read as follows: 21. Adult day/respite care center. Section 45. That Section 4.20(B)(1)(c)21. of the Land Use Code is hereby amended to read as follows: 21. Adult day/respite care center. Section 46. That Section 4.21(B)(2)(c)6. of the Land Use Code is hereby amended to read as follows: 6. Adult day/respite care center. Section 47. That Section 4.21(D)(3)(a) of the land Use Code is hereby amended to read as follows: (a) Maximum height for all nonresidential buildings, including those containing mixed-use dwelling units, shall be six (6) stories. Maximum height for residential buildings shall be three (3) stories. 29 Section 48. That Section 4.21(E)(3)(a) of the Land Use Code is hereby amended to read as follows: (a) Industrial Buildings. To the extent reasonably feasible, industrial buildings shall provide a primary entrance that faces and opens directly onto the abutting street sidewalk or a walkway, plaza or courtyard that has direct linkage to the street sidewalk without requiring pedestrians to cross any intervening driveways or parking lots. Section 49. That Section 4.22(B)(2)(c)l 1. of the Land Use Code is hereby amended to read as follows: 11. Adult day/respite care center. Section. 50. That Section 4.22(D)(2)(d) of the Land Use Code is hereby amended to read as follows: (d) Residential uses (except mixed-use dwellings when the residential units are stacked above a primary use which occupies the ground floor) . Section 51. That Section 4.22(D)(2)(e) of the Land Use Code is hereby amended to read as follows: (e) Standard and fast food restaurants. Section 52. That Section 4.22(D)(4)(a) of the Land Use Code is hereby amended to read as follows: (a) Maximum height for all nonresidential buildings, including those containing mixed-use dwelling units, shall be four (4) stories. Maximum height for residential buildings shall be three (3) stories. Section 53. That Section 4.22(E)(2) of the Land Use Code is hereby amended to read as follows: (2) Building Design. To the extent reasonably feasible, industrial buildings shall provide a primary entrance that faces and opens directly onto the abutting street sidewalk or a walkway, plaza or courtyard that has direct linkage to the street sidewalk without requiring pedestrians to cross any intervening driveways or parking lots. The following 30 exceptions shall be permitted to this standard and to the requirements contained in Section 3.5.3(B): Section 54. That Section 4.23(B)(2)(a)1. of the Land Use Code is hereby amended to read as follows: 1. Mixed-use dwelling units constructed above non-residential uses, provided that the aggregate floor area of all mixed-use dwelling units does not exceed the aggregate floor area of all non-residential uses in the building. Section 55. That Section 4.23(B)(2)(e) of the Land Use Code is hereby amended to read as follows: (e) Accessory/Miscellaneous Uses: 1. Mixed-use dwelling units constructed at ground level, provided that they are ancillary to and associated with a principal non-residential use on the lot. 2. Satellite dish antennas greater than thirty- nine (39) inches in diameter. 3. Wireless telecommunication equipment. 4. Wireless telecommunications facilities. Section 56. That Section 4.23(B)(3)(c)16. of the Land Use Code is hereby amended to read as follows: 16. Adult day/respite care center. Section 57. That Section 4.23(D)(1)(a) of the Land Use Code is hereby amended to read as follows: (a) Maximum height for all nonresidential buildings, including those containing mixed-use dwelling units, shall be four (4) stories. Maximum height for residential buildings shall be three (3) stories. Section 58. That Section 4.23(E)(3)(a)l. of the Land Use Code is hereby amended to read as follows: 31 1. Industrial and commercial activities shall not abut a residential area unless the activities and related storage are contained within a building or otherwise completely screened from view from the residential area. Section 59. That Section 4.24(13)(2)(c)7. of the Land Use Code is hereby amended to read as follows: 7. Adult day/respite care center. Section 60. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition "abutting" which reads in its entirety as follows: Abut or Abutting shall mean touching. An abutting condition shall not be affected by the parcelization or division of land that results in an incidental, non-buildable, remnant lot, tract or parcel. Section 61. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition "adjacent" which reads in its entirety as follows: Adjacent shall mean nearby, but not necessarily touching. The determination of "nearby" shall be made on a case-by-case basis, taking into consideration the context in which the term is used and the variables (such as but not limited to size, mass, scale, bulk, visibility, nature of use, intensity of use) that may be relevant to deciding what is "nearby" in that particular context. Adjacency shall not be affected by the existence of a platted street or alley, a public or private right-of-way, a public or private transportation right-of-way or area. Section 62. That the definition "Neighborhood support/recreation facilities" contained in Section 5.1.2 of the Land Use Code is hereby amend to read as follows: Neighborhood support/recreation facilities shall mean recreation/pool facilities and/or meeting rooms intended for the use and enjoyment of residents and guests of the neighborhood. Section 63. That the definition "Pedestrian frontage" contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Pedestrian frontage shall mean an area abutting a connecting walkway, developed to provide continuous safety, interest and comfort for people walking or sitting; pedestrian frontage shall consist of building faces, site design features and/or landscape areas on one (1) or both sides, and not parking stalls on both sides. 32 Section 64. That subsection (8) of the definition "Sign" contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: (8) on-site traffic directional signs which do not exceed four(4) square feet per face or ten (10) feet in height, which are not displayed as an A-frame portable sign, and which do not carry a commercial message other than identification. The minimum horizontal distance between such signs shall be fifteen (15) feet, except for signs designating the purpose for which parking stalls may be used, such as for handicap parking, compact cars, etc.; Section 65. That the definition "Sign,flush wall' contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Sign,flush wall shall mean any sign attached to, painted on or erected against the wall of a building in such a manner that the sign face is parallel to the plane of the wall and is wholly supported by the wall. Banner, canvas or other similar flexible material may be used for this type of sign only if the material is securely attached to a rigid structure in a manner which prevents the material from moving, sagging or wrinkling; and the rigid structure is attached directly to the building fascia. Any sign made of banner, canvas, or other similar flexible material that is not attached to a rigid structure in this manner is not a flush wall sign and shall be subject to the banner regulations contained in Section 3.8.7(N) of this Land Use Code.* *All such "flexible material" flush wall signs existing as of the effective date of Ordinance No. 091, 2004, must be brought into compliance with the changes made to this definition by Ordinance No. 091, 2004, not later than November 1, 2004. Section 66. That subsection (3) the definition of"Solar-oriented lot" contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: (3) a comer lot with a south lot line oriented to within thirty (30) degrees of a true east-west line, which south lot line adjoins a public street or permanently reserved open space; provided, however, that the abutting street right-of-way or open space has a minimum north-south dimension of at least fifty(50) feet. For the purposes of this definition, "permanently reserved open space" shall include, without limitation, parks, cemeteries, golf courses and other similar outdoor recreation areas, drainage ditches and ponds, irrigation ditches and reservoirs, lakes, ponds, wetlands, open spaces reserved on plats for neighborhood use and other like and similar permanent open space. 33 Section 67. That the definition "Zero lot line structure" contained in Section 5.1.2 of the Land Use Coee is hereby amended to read as follows: Zero lot line structure shall mean a structure with at least one (1) wall conterminous with the lot line, which wall may include footings, eaves and gutters that may encroach onto the abutting lot under the authority of an encroachment and maintenance easement. Introduced and considered favorably on first reading and ordered published in summary form this 1st day of June, A.D. 2004, and to be presented for final passage on the 15th day of June, A.D. 2004. ayor fiATTEST: City Clerk Passed and adopted on final reading this 15th day of June, 004. 01 Mayor TTEST: )L" - City Clerk 34