HomeMy WebLinkAbout198 - 12/21/2004 - MAKING VARIOUS AMENDMENTS TO THE CITY OF FORT COLLINS LAND USE CODE ORDINANCE NO. 198, 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 2.1.3(A) of the Land Use Code is hereby amended to
read as follows:
(A) Applicability. All development proposals which include only
permitted uses must be processed and approved through the
following development applications: first through a project
development plan (Division 2.4), then through a final plan
(Division 2.5), then through a development construction permit
(Division 2.6), and then through a building permit review
(Division 2.7). If the applicant desires to develop in two (2) or
more separate project development plan submittals, an overall
development plan (Division 2.3) will also be required prior to or
concurrently with the project development plan. Each successive
development application for a development proposal must build
upon the previously approved development application by
providing additional details (through the development application
submittal requirements) and by meeting additional restrictions and
standards (contained in the General Development Standards of
Article 3 and the District Standards of Article 4).
Permitted uses subject to administrative review or permitted uses
subject to Planning and Zoning Board review listed in the
applicable zone district set forth in Article 4, District Standards,
shall be processed through an overall development plan, a project
development plan or a final plan. If any use not listed as a
permitted use in the applicable zone district is included in a
development application, it may also be processed as an overall
development plan, project development plan or final plan, if such
proposed use has been approved, or is concurrently submitted for
approval, in accordance with the requirements for an amendment
to the text of this Land Use Code and/or the Zoning Map, Division
2.9, or in accordance with the requirements for the addition of a
permitted use under Section 1.3.4. Development applications for
permitted uses which seek to modify any standards contained in
the General Development Standards in Article 3, or the District
Standards in Article 4, shall be submitted by the applicant and
processed as a modification of standards under Division 2.8.
Hardship variances to standards contained in Article 3, General
Development Standards, or Article 4, District Standards, shall be
processed as hardship variances by the Zoning Board of Appeals
pursuant to Division 2.10. Appeals of administrative/staff
decisions shall be according to Division 2.11.
Section 2. That Section 2.10.2 of the Land Use Code is hereby amended by
amending subsection (H)(2) and adding a new subsection (H)(3) to read as follows:
(2) the proposal as submitted will promote the general purpose
of the standard for which the variance is requested equally
well or better than would a proposal which complies with
the standard for which the variance is requested;or
(3) the proposal as submitted will not diverge from the
standards of the Land Use Code that are authorized by this
Division to be modified except in a nominal,
inconsequential way when considered in the context of the
neighborhood, and will continue to advance the purposes of
the Land Use Code as contained in Section 1.2.2.
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Section 3. That Section 3.1.1 of the Land Use Code is hereby amended to
read as follows:
3.1.1 Applicability
All development applications and building permit applications shall
comply with the applicable standards contained in Divisions 3.1 through
3.9 inclusive, except that single-family dwellings and accessory buildings
and structures and accessory uses that are permitted subject only to basic
development review as allowed in Article 4 need to comply only with the
standards contained in Article 4 for the zone district in which such uses
are located and the standards contained in Division 3.8. In addition to the
foregoing, this Land Use Code shall also apply to the use of land
following development to the extent that the provisions of this Land Use
Code can be reasonably and logically interpreted as having such ongoing
application.
Section 4. That Section 3.2.2(C) of the Land Use Code is hereby amended to
read as follows:
(C) Development Standards. All developments shall meet the
following standards:
(1) Safety Considerations. To the maximum extent feasible,
pedestrians shall be separated from vehicles and bicycles.
(a) Where complete separation of pedestrians and
vehicles and bicycles is not possible, potential
hazards shall be minimized by the use of techniques
such as special paving, raised surfaces, pavement
marking, signs or striping, bollards, median refuge
areas, traffic calming features, landscaping, lighting
or other means to clearly delineate pedestrian areas,
for both day and night use.
(5) Walkways.
(a) Directness and continuity. Walkways within the
site shall be located and aligned to directly and
continuously connect areas or points of pedestrian
origin and destination, and shall not be located and
aligned solely based on the outline of a parking lot
configuration that does not provide such direct
pedestrian access. Walkways shall link street
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sidewalks with building entries through parking
lots. Such walkways shall be raised or enhanced
with a paved surface not less than six (6) feet in
width. Drive aisles leading to main entrances shall
have walkways on both sides of the drive aisle.
Section 5. That Section 3.2.4(C) of the Land Use Code is hereby amended to
read as follows:
(C) Lighting Levels. With the exception of lighting for public streets
and private streets, all other project lighting used to illuminate
buildings, parking lots, walkways, plazas or the landscape, shall be
evaluated during the development review process. The following
chart gives minimum and, for under-canopy fueling areas,
maximum lighting levels for outdoor facilities used at night.
Section 6. That Section 3.2 of the Land Use Code is hereby amended by the
addition of a new subsection 3.2.5 which reads as follows:
3.2.5 Trash and Recycling Enclosures
(A) Purpose. The purpose of this Section is to ensure the provision of
areas, compatible with surrounding land uses, for the collection,
separation, storage, loading, and pickup of recyclable materials by
requiring that adequate, convenient space is functionally located at
multi-family residential, commercial and industrial land use sites.
(B) Regulations. The following regulations shall be applied to the
extent reasonably feasible:
(1) All new commercial or multi-family structures and all
existing commercial or multi-family structures proposed to
be enlarged by more than twenty-five (25) percent or
where a change of use is proposed, shall provide adequate
space for the collection and storage of refuse and recyclable
materials.
(2) The amount of space provided for the collection and
storage of recyclable materials shall be designed to
accommodate collection and storage containers that are
appropriate for the recyclable materials generated. Areas
for storage of trash and recyclable materials shall be
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adequate in capacity, number and distribution to serve the
development project.*
(3) Recyclable materials storage areas shall be located abutting
refuse collection and storage areas.
(4) Each trash and recycling enclosure shall be designed to
allow walk-in access without having to open the main
enclosure service gates.
(5) Trash and recycling areas must be enclosed so that they are
screened from public view. The enclosure shall be
constructed of durable materials such as masonry and shall
be compatible with the structure to which it is associated.
Gates on the enclosures shall be constructed of metal or
some other comparable durable material, shall be painted to
match the enclosure and shall be properly maintained.
(6) Enclosure areas shall be designed to provide adequate, safe
and efficient accessibility for service vehicles.
(7) Enclosure areas shall be constructed on a cement concrete
pad.
(8) The property owner shall supply and maintain adequate
containers for recycling and waste disposal. Containers
must be clearly marked for recycling.
* Please refer to "Trash and Recycling Enclosures - Design
Considerations" for estimations of area needed.
Section 7. That Section 3.3.2(D) of the Land Use Code is hereby amended to
read as follows:
(D) Required Improvements Prior to Issuance of Building Permit.
The following improvements shall be required prior to the issuance
of a Building Permit, unless otherwise specified in the
development agreement:
Section 8. That Section 3.4.1(E)(1)O) of the Land Use Code is hereby deleted
in its entirety:
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Section 9. That the Buffer Zone Table for Fort Collins Natural Habitats and
Features contained in Section 3.4.1 of the Land Use Code is amended by the deletion of
"Red-tailed and Swainson's hawk nest sites" under the category of "Special Habitat
Features/Resources of Special Concern" as follows:
999 feeE
Section 10. That Section 3.4.1(N) of the Land Use Code is hereby amended by
the addition of a new subparagraph (5) and the renumbering of the existing subparagraph
(5) as subparagraph (6) as follows:
(5) Red-tailed and Swainson's Hawk Nest Sites.
(a) No tree with an active nest shall be removed unless
a permit for such removal has been obtained by the
developer from the United States Fish and Wildlife Service.
(b) To the extent reasonably feasible, trees that are
known to have served as nest sites shall not be removed
within five (5) years of the last known nesting period. If
the tree is removed, it shall be mitigated in accordance with
Section 3.2.1 Landscaping and Tree Protection Standards.
(c) A temporary LOD of a four-hundred and fifty (450)
foot radius shall be established for Red-tailed and
Swainson's hawk active nest sites during the period from
February 15 through July 15 of the first year of a multi-year
development construction project.
(6) 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.
Section 11. That Section 3.4.7 of the Land Use Code is hereby amended to
read as follows:
3.4.7 Historic and Cultural Resources
(A) Purpose. This Section is intended to ensure that, to the maximum
extent feasible: (1) historic sites, structures or objects are preserved
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and incorporated into the proposed development and any
undertaking that may potentially alter the characteristics of the
historic property is done in a way that does not adversely affect the
integrity of the historic property; and (2) new construction is
designed to respect the historic character of the site and any
historic properties in the surrounding neighborhood. This Section
is intended to protect designated or individually eligible historic
sites, structures or objects as well as sites, structures or objects in
designated historic districts, whether on or adjacent to the
development site.
(B) General Standard. If the project contains a site, structure or object
that (1) is determined to be individually eligible for local landmark
designation or for individual listing in the State or National
Registers of Historic Places; (2) is officially designated as a local
or state landmark, or is listed on the National Register of Historic
Places; or (3) is located within an officially designated historic
district or area, then to the maximum extent feasible the
development plan and building design shall provide for the
preservation and adaptive use of the historic structure. The
development plan and building design shall protect and enhance
the historical and architectural value of any historic property that is
(a) preserved and adaptively used on the development site or (b) is
located on property adjacent to the development site and qualifies
under (1), (2), or (3) above. New structures must be compatible
with the historic character of any such historic property, whether
on the development site or adjacent thereto.
(D) Reuse, Renovation, Alterations and Additions.
(1) Original materials and details, as well as distinctive form
and scale, that contribute to the historic significance of the
structure or neighborhood shall be preserved to the
maximum extent feasible. Rehabilitation work shall not
destroy the distinguishing quality or character of the
structure or its environment.
(2) The rehabilitation of structures shall be in conformance
with the Secretary of the Interior's "Standards for
Rehabilitation and Guidelines for Rehabilitating Historic
Buildings" (available from the Director) or other adopted
design guidelines.
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(E) Relocation or Demolition. A site, structure or object that is
determined to be individually eligible for local landmark
designation or for individual listing in the State or National
Registers of Historic Places may be relocated or demolished only
if, in the opinion of the decision maker, the applicant has, to the
maximum extent feasible, attempted to preserve the site, structure
or object in accordance with the standards of this Section, and the
preservation of the site, structure, or object is not feasible.
(F) New Construction.
(1) To the maximum extent feasible, the height, setback and/or
width of new structures shall be similar to those of existing
historic structures on any block face on which the new
structure is located and on any portion of a block face
across a local or collector street from the block face on
which the new building is located unless, in the judgment
of the decision maker, such historic structures would not be
negatively impacted with respect to their historic exterior
integrity and significance by reason of the new structure(s)
being constructed at a dissimilar height, setback and/or
width. Where building setbacks cannot be maintained,
elements such as walls, columns, hedges or other screens
shall be used to define the edge of the site and maintain
alignment. Taller structures or portions of structures shall
be located interior to the site. Structures at the ends of
blocks shall be of a similar height to structures in the
adjoining blocks.
(2) New structures shall be designed to be in character with
such existing historic structures. Horizontal elements, such
as cornices, windows, moldings and sign bands, shall be
aligned with those of such existing historic structures to
strengthen the visual ties among buildings. Window
patterns of such existing structures (size, height, number)
shall be repeated in new construction, and the pattern of the
primary building entrance facing the street shall be
maintained to the maximum extent feasible. See Figure 6.
(3) The dominant building material of such existing historic
structures adjacent to or in the immediate vicinity of the
proposed structure shall be used as the primary material for
new construction. Variety in materials can be appropriate,
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but shall maintain the existing distribution of materials in
the same block.
Section 12. That Sections 3.6.2(B) and (C) of the Land Use Code are hereby
amended to read as follows:
(B) Cul-de-sacs shall be permitted only if they are not more than six
hundred sixty (660) feet in length and have a turnaround at the end
with a diameter of at least one hundred (100) feet. Surface
drainage on a cul-de-sac shall be toward the intersecting street, if
possible, and if not possible a drainage easement shall be provided
from the cul-de-sac. If fire sprinkler systems or other fire
prevention devices are to be installed within a residential
subdivision, these requirements may be modified by the City
Engineer according to established administrative guidelines and
upon the recommendation of the Poudre Fire Authority.
(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 one hundred (100) feet must be dedicated and
constructed. Such turnaround easement shall not be required if no
lots in the subdivision are dependent upon such street for access.
Section 13. That Sections 3.6.2 of the Land Use Code is hereby amended by
amending subsection (J) and adding a new subsection (M) which read as follows:
(J) Public alleys shall be controlled by the following requirements:
(1) When Allowed: Public alleys in residential subdivisions
shall be permitted only when: (a) they are necessary and
desirable to continue an existing pattern or to establish a
pattern of alleys that will extend over a larger development
area, and (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. Public alleys shall also be
provided in commercial and industrial areas unless other
provisions are made and approved for service access.
(2) Design Construction Requirements. All public alleys shall
be constructed in conformance with the Design and
Construction Criteria, Standards and Specifications for
Streets, Streetscapes, Sidewalks, Alleys and Other Public
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Ways* as adopted by the City Council by ordinance or
resolution, except those public alleys within the N-C-L, N-
C-M and N-C-B zone districts that do not abut
commercially zoned properties and that provide access only
for carriage houses and habitable accessory buildings as
such terms are described in Article 4. Dead-end alleys
shall not be allowed.
(M) Easements shall be controlled by the following requirements.
(1) Public and private easements shall be provided on lots for
utilities, public access, stormwater drainage or other public
purposes as required and approved by the City Engineer.
(2) Pedestrian and bicycle paths shall be provided to
accommodate safe and convenient pedestrian and bicycle
movement throughout the subdivision and to and from
existing and future adjacent neighborhoods and other
development; all such pedestrian and bicycle paths shall be
constructed in conformity with the Design and
Construction Criteria, Standards and Specifications for
Streets, Streetscapes, Sidewalks, Alleys and Other Public
Ways* as adopted by the City Council by ordinance or
resolution.
(3) The subdivider shall be responsible for adequate provisions
to eliminate or control flood hazards associated with the
subdivision in accordance with Chapter 10 of the City
Code. Agreements concerning stormwater drainage
between private parties shall be subject to city review and
approval.
*Effective March 1, 2001, the Design and Construction Criteria,
Standards and Specifications referenced above will be replaced by
the Lorimer County Urban Area Street Standards, per Ord. No.
186, 2000, adopted 1/2/01.
Section 14. That Section 3.8.7(A)(3)(d) of the Land Use Code is hereby
amended to read as follows:
(d) All existing signs with flashing, moving, blinking, chasing
or other animation effects not in conformance with the
provisions of this Article and located on property annexed
to the city after November 28, 1971, shall be made so that
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such flashing, moving, blinking, chasing or other animation
effects shall cease within sixty (60) days after such
annexation, and all existing portable signs, vehicle-
mounted signs, banners, and pennants located on property
annexed to the city after November 28, 1971, shall be
removed or made to conform within sixty (60) days after
such annexation.
Section 15. That Section 3.8.7(B)(1)(a) of the Land Use Code is hereby
amended to read as follows:
(a) The erection, remodeling or removal of any sign shall
require a permit from the Zoning Administrator, except that
no permit shall be required for the erection, remodeling or
removal of any sign regulated by subsections
3.8.7(C)(1)(a), (c), (g) or 0); subsections 3.8.7(D)(2), (3) or
(4); or subsection 3.8.7(L).
Section 16. That Section 3.8.7(M) of the Land Use Code is hereby amended by
the addition of a new subparagraph (4) which reads as follows:
(4) Electrical signs that contain an electronic changeable copy module
must be programmed so that the displayed message does not
change more frequently than once per minute and so that the
message change occurs without the use of scrolling, flashing,
fading or other similar effects.
Section 17. That Section 3.8.18(A)(1)(a) of the Land Use Code is hereby
amended to read as follows:
(a) any interest in land which has been deeded or
dedicated to any governmental agency for public
use prior to the date of approval of the development
plan, provided, however, that this exception shall
not apply to any such acquisition of an interest in
land solely for open space, parkland or stormwater
purposes; and
Section 18. That Section 4.4(D)(4) of the Land Use Code is hereby amended to
read as follows:
(4) Other Nonresidential Development. Permitted
nonresidential uses that are not part of a neighborhood
center shall not be approved in any development project
until the requirements for a neighborhood center in
subsection (3) above have been met. When approving
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such use, the decision maker may impose conditions
regarding such things as off-street parking, hours of
operation, and number of employees in order to ensure that
the use will be compatible with the neighborhood. This
limitation shall not apply to uses permitted along East Vine
Drive under subsection (5) below.
Section 19. That Section 4.6(E)(4) of the Land Use Code is hereby amended to
read as follows:
(4) Minimum side yard width shall be five (5) feet for all
interior side yards. Whenever any portion of a wall or
building exceeds eighteen (18) feet in height, such portion
of the wall or building shall be set back from the interior
side lot line an additional one (1) foot, beyond the
minimum required, for each two (2) feet or fraction thereof
of wall or building height that exceeds eighteen (18) feet in
height. Minimum side yard width shall be fifteen (15) feet
on the street side of any corner lot. Notwithstanding the
foregoing, minimum side yard width for schools and places
of worship shall be twenty-five (25) feet (for both interior
and street sides).
Section 20. That Section 4.6(F) of the Land Use Code is hereby amended by
the addition of a new subparagraph (7) which reads as follows:
(7) Subdividing of existing lots. No existing lot may be further
subdivided in such manner as to create a new lot in the rear
portion of the existing lot.
Section 21. That Section 4.7(E)(1) of the Land Use Code is hereby amended to
read as follows:
(1) Minimum lot width shall be forty (40) feet for all permitted
uses, except that when more than one (1) principal building
is constructed on the same lot side-by-side along the street
front, the minimum lot width shall be forty (40) feet for
each such building. The minimum lot width for all other
uses shall be fifty (50) feet.
Section 22. That Section 4.7(F) of the Land Use Code is hereby amended by
the addition of a new subparagraph (7) which reads as follows:
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(7) Subdividing of existing lots. No existing lot may be further
subdivided in such manner as to create a new lot in the rear
portion of the existing lot.
Section 23. That Section 4.8(D)(6)(a) of the Land Use Code is hereby
amended to read as follows:
(a) Minimum lot width shall be forty (40) feet for all
permited uses, except that when more than one (1)
principal buidling is constructed on the same lot
side-by-side along the street front, the minimum lot
width shall be forty (40) feet for each such building.
The minimum lot width for lands located within the
West Central Neighborhood Plan Subarea and south
of University Avenue shall be eighty-five (85) feet.
Section 24. That Section 4.8(E) of the Land Use Code is hereby amended by
the addition of a new subparagraph (7) which reads as follows:
(7) Subdividing of existing lots. No existing lot may be further
subdivided in such manner as to create a new lot in the rear
portion of the existing lot.
Section 25. That Section 4.14(E)(2)(d) of the Land Use Code is hereby
amended to read as follows:
(d) Building Height. All buildings shall have a
minimum height of twenty (20) feet, measured to
the dominant roof line of a flat-roofed building, or
the mean height between the eave and ridge on a
sloped-roof building. In the case of a complex roof
with different co-dominant portions, the
measurement shall apply to the highest portion. All
buildings shall be limited to five (5) stories.
Section 26. That Section 4.15(B)(2)(c) of the Land Use Code is hereby
amended by the addition of a new subparagraph 24 which reads as follows:
24. Indoor kennel.
Section 27. That Section 4.17(B)(2)(c) of the Land Use Code is hereby
amended by the addition of a new subparagraph 28 which reads as follows:
28. Indoor kennel.
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Section 28. That Section 4.18(B)(2)(c) of the Land Use Code is hereby
amended by the addition of a new subparagraph 41 which reads as follows:
41. Indoor kennel.
Section 29. That section 4.19(B)(3)(c) of the Land Use Code is hereby
amended to read as follows:
(c) Commercial/Retail Uses:
1. Supermarkets.
2. Nightclubs.
3. Bars and taverns.
4. Entertainment facilities and theaters.
5. Drive-in restuarants (without drive-
through facilities)*
*This subsection 5 will become effective only upon the adoption
by the Council of design standards in the Land Use Code
governing the development of such drive-in restuarants and this
subsection 5 shall not be published in the Land Use Code until
such time.
Section 30. That Section 4.19(E)(2)(d) of the Land Use Code is hereby
amended to read as follows:
(d) Building Height. All buildings shall have a
minimum height of twenty (20) feet, measured to
the dominant roof line of a flat-roofed building, or
the mean height between the eave and ridge on a
sloped-roof building. In the case of a complex roof
with differenct co-dominant portions, the
measurement shall apply to the highest portion. All
buildings shall be limited to five (5) stories.
Section 31. That Section 4.20(B)(2)(c) of the Land Use Code is hereby
amended by the additin of a new subparagraph 12 which reads as follows:
12. Indoor kennel.
Section 32. That Section 4.21(B)(2)(c) of the Land Use Code is hereby
amended by the addition of a new subparagraph 8 which read as follows:
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8. Indoor kennel if in a community or regional
shopping center.
Section 33. That Section 4.23(B)(2)(c) of the Land Use Code is hereby
amended by the addition of new subparagraphs 22 and 23 which reads as follows:
22. Indoor kennel.
23. Funeral homes.
Section 34. That the definition "Community facility" contained in Section 5.1.2
of the Land Use Code is hereby amended to read as follows:
Community facility shall mean a publicly owned or publicly leased facility or
office building which is primarily intended to serve the recreational, educational,
cultural, administrative or entertainment needs of the community as a whole.
Section 35. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of a new definition "Health club" which reads as follows:
Health club shall mean an establishment that is open only to members and guests
and that provides facilities for at least three (3) of the following: aerobic
exercises, running and jogging, exercise equipment, game courts, swimming
facilities, and that also includes amenities such as spas, saunas, showers and
lockers.
Section 36. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of a new definition "Indoor kennel' which reads as follows:
Indoor kennel shall mean an establishment in which twenty-four (24) hour care
and boarding is provided for household dogs or cats within a soundproof building
(or buildings) that contains exercise facilities, separate ventilation systems for
dogs and cats if they are boarded in the same building, and wherein other services
such as grooming and training are offered.
Section 37. That the Figure describing "Infill Area" contained in Section 5.1.2
of the Land Use Code is hereby changed to appear as shown on Exhibit "A" attached
hereto.
Section 38. That the definition of "Limited indoor recreation use" contained in
Section 5.1.2 of the Land Use Code is hereby amended to read as follows:
Limited indoor recreation use shall mean facilities established primarily for such
activities as exercise or athletic facilities; and amusement or recreational services,
such as billiard or pool parlors, pinball/video arcades, dance studios, martial art
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schools, arts or crafts studios; or exercise clubs, but not including bowling alleys
or establishments which have large-scale gymnasium-type facilities for such
activities as tennis, basketball or competitive swimming. This definition is
intended to restrict the type of recreational use allowed to those small-scale
facilities containing no more than five thousand (5,000) square feet that would be
compatible with typical buildings and uses in the zone district in which this use is
allowed.
Section 39. That the definition of 'Long-term care facility" contained in
Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new
subparagraph (4) which reads as follows:
(4) Independent living facility shall mean a single-family, two-family
and/or multi-family dwelling which is located within a
development that contains one (1) or more of the facilities
described in (1) through (3) above, wherein the residents of such
dwellings have access to the common amenities and services
available to residents of the facilities described in (1) through (3)
above and wherein independent living facilities occupy no more
than twenty-five (25) percent of the total gross area of a long-term
care development.
Section 40. That the definition "Sign,flush wall" contained in Section 5.1.2 of
the Land Use Code is hereby amended 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.
Introduced and considered favorably on first reading and ordered published in
summary form this 7th day of December, A.D. 2004, and to be
resen[ed for final
passage on the 21st day of December, A.D., 2004.
Mayor
ATTEST-
City Clerk
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Passed and adopted on final reading this 21st day of Dece1 A.D. 2004.
Mayor
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