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HomeMy WebLinkAbout108 - 10/04/2005 - AMENDING THE LAND USE CODE REGARDING ANNEXATION OF USES NOT LEGALLY PERMITTED ORDINANCE NO. 108, 2005 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE FORT COLLINS LAND USE CODE REGARDING ANNEXATION OF USES NOT LEGALLY PERMITTED 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 an issue pertaining to the annexation of uses not legally permitted in the County and have made recommendations to the Council regarding this issue; and WHEREAS, the Council has determined that the Land Use Code amendment which has been proposed is 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 Section 2.12.4 of the Land Use Code is hereby amended as follows: 2.12.4 Annexation of Uses Not Legally Permitted In the event that a use which is not permitted by the county exists on any property that is included in an enclave annexation consisting of more than one (1) separately owned parcel, the above-described development process shall apply only if such property is placed in a zone district wherein such use is a permitted use. If a property which contains a use that is not permitted by the county is included in such multi-parcel enclave annexation, and such property is placed in a zone district that does not allow the use within the city, such illegal use must be discontinued within (A) two (2) years from the date of the second reading of the annexation ordinance, or (B) if such illegal use is the subject of a county initiated zoning or nuisance enforcement action, then within the time established by the court as a result of such enforcement action, or (C) if such illegal use is the subject of a zoning or nuisance complaint filed with the county and determined by the Director to be bona fide (but which has not become the subject of an enforcement action under (B) above, or if it has become the subject of an enforcement action, such action has been dismissed by the court for lack of county jurisdiction because the property has been annexed into the city), then ninety (90) days from the date of second reading of the annexation ordinance, whichever occurs first. With respect to the time limit established in (C) above, the Director may extend said time for an additional duration not to exceed one hundred eighty (180) days if necessary to prevent or mitigate undue hardship or manifest injustice. Introduced and considered favorably on first reading and ordered published this 20th day of September, A.D. 2005, and to be presented for final passag the 4th day of October, A.D., 2005. w May ATTEST: City Clerk Passed and adopted on final reading this 4th day of t6 0 fir, A.D. 20 U Mayo TTEST: City Clerk