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HomeMy WebLinkAbout204 - 12/18/2001 - MAKING VARIOUS AMENDMENTS TO THE LAND USE CODE ORDINANCE NO. 204, 2001 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 be, and hereby is, amended as follows: Section 1. That the phrase "building permit review" is hereby changed to read "basic development review" in every instance in which it appears in the Land Use Code, except where it appears in Division 2.7 and Section 2.1.3(A) and 3.8.20(C). Section 2. That Section 1.4.7(B) of the Land Use Code is hereby amended to read as follows: (B) Notwithstanding any provision of Colorado law to the contrary, any parcel of land, whether larger or smaller than thirty-five (35) acres, may be conveyed by metes and bounds description or by other usual and customary method of land description, without being subject to subdivision requirements; provided, however, that no such conveyance shall imply or confer any right to develop, or create a new lot upon which development can occur unless such development has, prior to the conveyance, been approved in accordance with this Land Use Code or prior law and provided further that such conveyance shall not be made if it creates nonconformities of any nature whatsoever, or circumvents the intent or requirements of this Land Use Code. 1 Section 3. That Section 2.2.3(D) of the Land Use Code is hereby deleted in its entirety as follows and all subsequent paragraphs relettered accordingly: Section 4. That Section 2.2.6(C) of the Land Use Code is hereby amended to read as follows: (C) Published Notice. Notice of the time, date and place of the public hearing/meeting on the development application and the subject matter of the hearing shall be published in a newspaper of general circulation within the city at least seven (7) days prior to such hearing/meeting. Section 5. That Section 2.2.6(D) of the Land Use Code is hereby amended to read as follows: (D) Supplemental Notice Requirements. Minimum Notice Radius Sign Size All developments except as described 500 feet 5.4 square below. feet Developments proposing more than fifty 750 feet 5.4 square (50) and less than one hundred (100) feet single-family or two-family lots or dwelling units. Developments proposing more than 750 feet 5.4 square twenty-five (25) and less than one feet hundred (100) multi-family dwelling units. Nonresidential developments containing 750 feet 5.4 square more than twenty-five thousand (25,000) feet and less than fifty thousand (50,000) square feet of floor area. Developments proposing one hundred 1,000 feet 12 square (100) or more single-family or two-family feet lots or dwelling units. Developments proposing one hundred 1,000 feet 12 square (100) or more multi-family dwelling units. feet 2 Nonresidential developments containing 1,000 feet 12 square fifty thousand (50,000) or more square feet feet of floor area. Nonresidential developments which 1,000 feet; plus, 12 square propose land uses or activities which, in with respect to feet the judgment of the Director, create neighborhood community or regional impacts. meetings, publi- cation of a notice not less than seven (7) days prior to the meeting in a newspaper of general cir- culation in the city. Section 6. That Section 2.2.10(A)(4) of the Land Use Code is hereby amended to read as follows: (4) Appeals. Appeals of the decision of the Director regarding the approval, approval with conditions or denial of minor amendments of any approved development plan or site specific development plan shall be to the Planning and Zoning Board. Any such appeal shall be taken by filing a notice of appeal of the final decision with the Director within fourteen (14) days after the action that is the subject of the appeal. The decision of the Planning and Zoning Board on such appeals shall constitute a final decision, subject only to appeal as provided for development plans under Division 2.3, 2.4 or 2.5, as applicable, for the minor amendment. Section 7. That Section 2.9.2 of the Land Use Code is hereby amended to read as follows: 2.9.2. Applicability Any and all amendments to the text of this Land Use Code and any and all changes to the Zoning Map must be processed in accordance with this Division. Commencing one (1) year after the effective date of this Land Use Code, amendments to the Zoning Map shall be processed only twice per calendar year and shall be considered by the Planning and Zoning Board in March or April and in September or October of such year; provided, however, that this limitation shall not apply to petitions for amendments to the Zoning Map initiated by the owners of properties in the Transition District, which petitions shall be governed by the 3 provisions of Section 4.9(B)(2), or to initial Zoning Map amendments following annexation, or to Zoning Map amendments which are founded upon the adoption and implementation of a subarea plan. Only the Council may, after recommendation of the Planning and Zoning Board, adopt an ordinance amending the text of this Land Use Code or the Zoning Map in accordance with the provisions of this Division. Section 8. That the first paragraph of Section 2.9.4 of the Land Use Code is hereby amended to read as follows: 2.9.4. Text and Map Amendment Review Procedures An amendment to the text of this Land Use Code or an amendment to the Zoning Map may be approved by the City Council by ordinance. Any such proposed amendment shall be processed through a public hearing before the Planning and Zoning Board, which will provide a recommendation to the City Council. (See Steps 1 though 12 below). Upon completion of any hearing by the Planning and Zoning Board on an application or proposal to rezone any parcel of land or upon consideration of initial zoning in the case of lands being annexed to the city, the City Clerk shall cause the hearing by the City Council to be placed on the agenda for a future City Council meeting; and the public hearing before the City Council shall be held after at least fifteen (15) days' notice of the time, date and place of such hearing and the subject matter of the hearing and the nature of the proposed zoning change has been given by publication in a newspaper of general circulation within the city. Upon completion of any hearing by the Planning and Zoning Board on a proposal for a text amendment, notice shall be given as required for ordinances pursuant to the City Charter. The City Council shall then approve, approve with conditions, or deny the amendment based on its consideration of the Staff Report, the Planning and Zoning Board recommendation and findings, and the evidence from the public hearings, and based on the amendment's compliance with the standards and conditions established in this section. (See Steps 8 and 9 below). Section 9. That Section 2.9.4(F)(2) of the Land Use Code is hereby amended to read as follows: (2) Rezonings of no more than six hundred forty (640) acres (quasi- judicial): Section 2.2.6(A) shall apply except that the notice provided for therein shall be mailed at least seven (7) days prior to the public hearing/meeting date (instead of fourteen [141 days) and shall identify the proposed new zone district(s), as well as the uses permitted therein, shall indicate whether a neighborhood meeting will be held with regard to the proposed rezoning, and shall inform the recipient of the notice of the name, address and telephone number of the Director, to whom questions may be referred with regard to such zoning change. Section 2.2.6(B) and (C) shall apply 4 and the published notice given pursuant to Section 2.2.6(C) shall provide the time, date and place of the hearing, the subject matter of the hearing and the nature of the proposed zoning change. Section 2.2.6(D) shall not apply. Section 10. That Section 2.12.2 of the Land Use Code is hereby amended to read as follows: 2.12.2 Petitions for Annexation and Annexation Plats In addition to all state statutory filing and procedural requirements, all petitions for annexation and annexation plats shall be submitted to the City Clerk, with a copy, and application fee, to the Director. The City Clerk shall expeditiously schedule the petitions for a meeting of the City Council held at least fifteen (15) days after the date the Director receives the petition and plat. Section 11. 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 3.8 inclusive, except that single-family dwellings and accessory buildings and structures and accessory uses that are permitted subject only to Building Permit 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 3.4.7 and 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 12. 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, 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 lighting levels for outdoor facjlities used at night. Area/Activity* Foot-candle Building surrounds(nonresidential) 1.0 Bikeways along roadside 5 Area/Activity* Foot-candle Commercial areas 0.9 Intermediate areas 0.6 Residential areas 0.2 Walkways along roadside Commercial areas 0.9 Intermediate areas 0.6 Residential areas 0.5 Area/Activity* Foot-candle Park walkways 0.5 Pedestrian stairways 0.3 Loading and unloading platforms 5.0 Parking areas 1.0 Playground 5.0 Under-canopy fueling area(average maintained) 20.0 Under-canopy fueling area(initial installation) 26.0 *Illuminating Engineering Society(IES)Lighting Handbook Section 13. That Section 3.2.4(D)(3) of the Land Use Code is hereby amended to read as follows: (3) Light sources shall be concealed and fully shielded and shall feature sharp cut-off capability so as to minimize up-light, spill- light, glare and unnecessary diffusion on adjacent property. Under-canopy fueling areas shall feature flush-mount, flat lens light fixtures. Section 14. That Section 3.3.2(D)(6) of the Land Use Code is hereby amended to read as follows: (6) Streets, alleys and paths. The applicant shall provide street improvements necessary to serve the lot or lots in accordance with Section 24-95 of the City Code. Section 15. That Section 3.3.2(E)(1)(c) of the Land Use Code is hereby amended to read as follows: (c) Streets, alleys and paths. All streets shall be paved with curbs and gutters installed in accordance with the approved utility plans. All alleys and paths required to be constructed by the city shall be paved. In cases where a previously existing street which has not been brought up to 6 city specifications is located within a subdivision, such street shall be paved with curbs and gutters installed in order to meet city specifications. All streets existing within ownership of the lands which make up any subdivision shall be shown on the subdivision plat. If any subdivision is located adjacent to any existing street right-of-way, the applicant shall improve local streets to the full width and collector and arterial streets to one-half-width except as is otherwise provided hereinbelow, with pavement, curb, gutter, sidewalk and any other required street improvements as necessary to bring such street up to city specifications. Notwithstanding the foregoing, collector and arterial streets shall be constructed to such specifications as shall be necessary in the judgment of the City Engineer based upon traffic safety considerations, and taking into account the traffic impact of the development upon such arterial or collector street. No such arterial street shall be constructed to a width of less than thirty-six (36) feet. Section 16. That Section 3.4.2 of the Land Use Code is hereby amended to read as follows: 3.4.2 Air Quality (A) General Standard. The project shall conform to all applicable local, state and federal air quality regulations and standards, including, but not limited to those regulating odor, dust, fumes or gases which are noxious, toxic or corrosive, and suspended solid or liquid particles. (B) Setbacks from Domestic Wastewater Treatment Works to Habitable Structures. (1) Unless specifically authorized pursuant to the provisions of paragraph (C) below, the minimum horizontal distances set forth in subparagraph (2) of this subsection shall be maintained between the various kinds of wastewater treatment works listed in said subparagraph and any of the following uses: (a) any residential use; (b) any commercial/retail use except frozen food lockers, enclosed mini-storage facilities and properties used principally as parking lots or parking garages; (c) any industrial use except warehouses, properties used for recreational vehicle, boat or truck storage, composting facilities, 7 outdoor storage facilities,junkyards, transport terminals, recycling facilities, and resource extraction; (d) any institutional/civic/public use except cemeteries, golf courses, public facilities, parks, recreation and other open lands, places of worship or assembly; and (e) any accessory/miscellaneous uses except agricultural activities, farm animals, satellite dishes (greater than thirty-nine[39] inches in diameter), wireless telecommunications equipment and wireless telecommunications facilities. (2) The following minimum horizontal distances shall apply to the kinds of wastewater treatment works listed below and the uses specified in subparagraph (1) above: (a) Non-aerated lagoons: one thousand three hundred twenty (1,320) feet (1/4 mile). (b) Aerated lagoons containing less than two (2) total surface acres with no surface aeration: one hundred (100) feet. (c) Aerated lagoons containing greater than two (2) total surface acres and/or with surface aeration: one thousand (1,000) feet, or with established vegetation barriers, and/or walls, berms or other topographic features to reduce aerosol drift as approved pursuant to paragraph (C) below: five hundred (500) feet. (d) Small mechanical plants with less than one hundred thousand (100,000) gpd capacity and all facilities with building enclosure: one hundred (100) feet. (e) All other mechanical plants: one thousand (1,000) feet. (C) Alternative Compliance. Upon request by an applicant, the decision maker may approve an alternative setback distance that may be substituted for a setback distance meeting the standards of this Section. (1) Procedure. Alternative compliance setback plans shall be prepared and submitted in accordance with the submittal requirements for plans as set forth in this Section. The plan shall clearly identify and discuss the setback modifications proposed and the ways in which the plan will equally well 8 or better accomplish the purpose of this Section than would a plan which complies with the standards of this Section. (2) Review Criteria. To approve an alternative plan, the decision maker must first find that the proposed alternative plan accomplishes the purposes of this Section equally well or better than would a plan which complies with the standards of this Section. In reviewing the proposed alternative plan, the decision maker shall consider any mitigating factors that exist to counter the potential for odor problems and/or aerosol drift, including, without limitation, structural, chemical or technological mitigation occurring at the subject wastewater treatment works, established vegetation barriers and/or walls, berms, or other topographic features sufficient to serve as mitigation for odor problems and/or aerosol drift. In order to assist the decision maker in evaluating the proposed mitigation factors the Utilities General Manager shall submit a written recommendation regarding such mitigation factors, which recommendation shall include the technical analysis and reasoning used in support of the Utilities General Manager's recommendation. Section 17. That Section 3.5.1(G)(1)(a)4. of the Land Use Code is hereby amended to read as follows: 4. Neighborhood Scale. Buildings or structures greater than forty (40) feet in height shall be compatible with the scale of the neighborhoods in which they are situated in terms of relative height, height to mass, length to mass, and building or structure scale to human scale. Section 18. That Section 3.5.1(I)(2) of the Land Use Code is hereby amended to read as follows: (2) Loading docks, truck parking, outdoor storage (including storage containers), utility meters, HVAC and other mechanical equipment, trash collection, trash compaction and other service functions shall be incorporated into the overall design theme of the building and the landscape so that the architectural design is continuous and uninterrupted by ladders, towers, fences and equipment, and no attention is attracted to the functions by use of screening materials that are different from or inferior to the principal materials of the building and landscape. These areas 9 shall be located and screened so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. Section 19. That Section 3.5.1(I) of the Land Use Code is hereby amended by the addition of a new subparagraph (6) to read as follows: (6) All satellite dishes that are greater than two (2) meters (78.74 inches) in diameter must be screened and located as required in subsection (1) through (5) of this Section. Section 20. That Section 3.5.2(D)(2) of the Land Use Code is hereby amended to read as follows: (2) Setback from Nonarterial Streets. Minimum setback of every residential building and of every detached accessory building that is incidental to the residential building from any public street right- of-way other than an arterial street right-of-way shall be fifteen (15) feet Setbacks from garage doors to the nearest portion of any public sidewalk that intersects with the driveway shall be at least twenty (20)feet. (a) Alternative Compliance. Upon request by an applicant, the decision maker may approve an alternative setback that may be substituted in whole or in part for a setback that meets the standards of this Section, except that such alternative setback shall not be permitted in the R-L or U-E zone districts. 1. Procedure. Alternative compliance setbacks from connector or local streets only, shall be prepared and submitted in accordance with submittal requirements for Project Development Plans. Each plan shall clearly identify and discuss the alternatives proposed and the ways in which the plan will better accomplish the purpose of this Section than would a plan which complies with the standards of this Section. 2. Review Criteria. To approve an alternative plan, the decision maker must first find that the proposed alternative plan accomplishes the purposes of this Section equally well or better than would a plan which complies with the standards of this Section. 10 In reviewing the proposed alternative plan, the decision maker shall take into account whether the alternative setback plan complies with the following standards: a. Porches and Entry Features. (i) A front porch with a minimum depth of six (6) feet (as measured from the building facade to the posts, railings and spindles) and a minimum length of eight (8) feet shall be provided on single family detached dwellings. (ii) A clearly defined building front facing the street with a covered front porch or stoop measuring at least four (4) feet by four (4) feet shall be provided on each ground floor single family attached dwelling. (iii) The floor elevation of the front porch or stoop shall be a minimum of eighteen (18) inches above grade. b. Off-Street Parking. (i) Off-street parking shall be located behind the dwelling and access to such parking shall be gained from an alley or, if there is no alley, then from the street via a driveway which, up to the rear building line of the house, does not exceed ten (10) feet in width. C. Private Open Space. (i) A readily accessible, functional and clearly defined private outdoor space (such as a patio, courtyard or deck) with minimum dimensions of twelve (12) feet by eighteen (18) feet shall be provided for each dwelling unit. 11 (ii) All buildings on the same lot shall be spaced at least sixteen (16) feet apart. d. Front Yard Fences. (i) Front yard fences shall not exceed sixty percent (60%) opacity. (ii) Front yard fences shall be between two and one-half(2 1/z) feet and three (3) feet in height. (iii) Front yard fences made of chain link are prohibited. (iv) Any privacy fence along an interior side property line shall gradually transition to the height of the front yard fence. Section 21. That Section 3.6.6(D)(4)(f) and (g) of the Land Use Code is hereby amended to read as follows: (f) Dead-ends. 1. Except for cul-de-sac streets designed and constructed in accordance with the Latimer County Urban Area Street Standards, any dead-end fire access road that exceeds one hundred fifty (150) feet in length shall be provided with a minimum one hundred(100) foot diameter turnaround. 2. No dead-end length for an emergency fire access road shall exceed six hundred sixty (660) feet. (g) Turning Radius. The minimum turning radius for emergency fire access roads and in parking lots shall be twenty five (25) feet inside and fifty (50) feet outside. Section 22. That Section 3.6.6 of the Land Use Code is hereby amended by the addition of a new subparagraph (H) to read as follows: (H) Numerals and Addresses. Approved numerals or addresses shall be provided for all new and existing buildings and shall be positioned to be 12 plainly visible and legible from the street or road fronting the property. If a fire lane is required, the address shall also be visible from the fire lane. Section 23. That Section 3.8.1 of the Land Use Code is hereby amended by the addition of a new subparagraph (14) to read as follows: (14) garage sales, wherein property which was not originally purchased for the purpose of resale is sold, provided that such sales are limited to no more than five (5) weekend periods (as defined in Section 15-316 of the City Code)in one (1) calendar year. Section 24. That Section 3.8.13(C)(3) of the Land Use Code is hereby amended to read as follows: (3) Wireless Telecommunication Equipment. Wireless telecommuni- cation equipment shall be of the same color as the building or structure to which or on which such equipment is mounted. Whenever a wireless telecommunication antenna is attached to a building roof, the height of the antenna shall not be more than fifteen (15) feet over the height of the building. All wireless telecommunication equipment shall be located as far from the edge of the roof as possible. Even if the building is constructed at or above the building height limitations contained in Section 3.8.17, the additional fifteen (15) feet is permissible. Whenever wireless telecommunication equipment is mounted to the wall of a building or structure, the equipment shall be mounted in a configuration as flush to the wall as technically possible and shall not project above the wall on which it is mounted. Such equipment shall, to the maximum extend feasible, also feature the smallest and most discreet components that the technology will allow so as to have the least possible impact on the architectural character and overall aesthetics of the building or structure. Roof- and ground-mounted wireless telecommunication equipment shall be screened by parapet walls or screen walls in a manner compatible with the building's design, color and material. Section 25. That Section 3.8.19(A)(5) of the Land Use Code is hereby amended to read as follows: (5) bay windows and similar sized cantilevered floor areas, and architectural design embellishments of dwellings that do not project more than two (2) feet into the required setback provided they do not encroach on public easements; 13 Section 26. That Section 4.4(D)(3)(b) of the Land Use Code is hereby amended to read as follows: (b) Location. A neighborhood center shall be planned as an integral part of surrounding residential development and located where the network of local streets provides direct access to the center. Neighborhood centers that are located on arterial streets and that include retail uses or restaurants shall be spaced at least three thousand nine hundred sixty (3,960) feet (three- quarters [3/4] mile) apart. Section 27. That Section 4.6(D)(1) of the Land Use Code is hereby amended to read as follows: (1) Density. Minimum lot area shall be equivalent to at least three (3) times the total floor area of the building(s), but not less than six thousand (6,000) square feet. For the purposes of this division, "total floor area" shall mean the total gross floor area of all principal buildings as measured along the outside walls of such buildings and including each finished or unfinished floor level plus the total gross floor area of the ground floor of any accessory building larger than one hundred twenty (120) square feet, plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7 '/2) feet located within any such accessory building located on the lot. (Open balconies and basements shall not be counted as floor area). Section 28. That Section 4.6(D)(2) of the Land Use Code is hereby amended to read as follows: (2) Residential. Any new dwelling that is proposed to be constructed between the back of an existing dwelling and the rear property line of the lot on which both dwellings will be located, and any new, detached accessory building shall contain a maximum of eight hundred (800) square feet of floor area. A new dwelling may be located in any area of the rear portion of such lot, provided that it complies with the setback requirements of this District. Section 29. That Section 4.6(F)(1)(g) of the Land Use Code is hereby amended to read as follows: (g) The minimum pitch of the roof of any building shall be 2:12 and the maximum pitch of the roof of any building shall be 12:12, except that new, detached accessory buildings and additions to 14 existing dwelling units may be constructed with a pitch that matches any roof pitch of the existing dwelling unit. Additionally, the roof pitch of a dormer, turret or similar architectural feature may not exceed 24:12 and the roof pitch of a covered porch may be flat whenever the roof of such a porch is also considered to be the floor of a second story deck. Section 30. That Section 4.7(D)(1) of the Land Use Code is hereby amended to read as follows: (1) Density/Intensity of Development. Minimum lot area shall be the equivalent of two (2) times the total floor area of the building(s), but not less than the following: five thousand (5,000) square feet for a single-family or two-family dwelling and six thousand (6,000) square feet for all other uses. For the purposes of this division, "total floor area" shall mean the total gross floor area of all principal buildings as measured along the outside walls of such buildings, including each finished or unfinished floor level, plus the total gross floor area of the ground floor of any accessory building larger than one hundred twenty (120) square feet, plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7 1/2) feet located within any such accessory building located on the lot. (Open balconies and basements shall not be counted as floor area). Section 31. That Section 4.7(D)(2) of the Land Use Code is hereby amended to read as follows: (2) Residential. Any new dwelling that is proposed to be constructed between the back of an existing dwelling and the rear property line of the lot on which both dwellings will be located, and any new, detached accessory building shall contain a maximum of eight hundred (800) square feet of floor area. A new dwelling may be located in any area of the rear portion of such lot, provided that it complies with setback requirements of this district. Section 32. That Section 4.7(F)(1)(g) of the Land Use Code is hereby amended to read as follows: (g) The minimum pitch of the roof of any building shall be 2:12 and the maximum pitch of the roof of any building shall be 12:12, except that new, detached accessory buildings and additions to existing dwelling units may be constructed with a pitch that matches any roof pitch of the existing dwelling unit. Additionally, the roof pitch of a dormer, turret or similar architectural feature may not exceed 24:12 and the covered porch may be flat whenever 15 the roof of such porch is also considered to be the floor of a second-story deck. Section 33. That Section 4.8(B)(1)(a) of the Land Use Code is hereby amended to read as follows: (a) Residential Uses: 1. Single-family detached dwellings. 2. Two-family dwellings. 3. Multi-family dwellings up to four (4) units per building, provided that no structural additions or exterior alterations are made to the existing building, or the dwellings are constructed on a vacant lot or a parcel which did not contain a structure on October 25, 1991. 4. Boarding and rooming houses. 5. Mixed-use dwellings, provided that no structural additions or exterior alterations are made to the existing building, or the dwellings are constructed on a vacant lot or a parcel which did not contain a structure on October 25, 1991. Section 34. That Section 4.8.(B)(2)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph 5. to read as follows: 5. Group homes. Section 35. That Section 4.8(D)(1) of the Land Use Code is hereby amended to read as follows: (1) Density. Minimum lot area shall be equivalent to the total floor area of the building(s), but not less than five thousand (5,000) square feet. For the purposes of this division, "total floor area" shall mean the total gross floor area of all principal buildings as measured along the outside walls of such buildings, including each finished or unfinished floor level, plus the total gross floor area of the ground floor of any accessory building larger than one hundred twenty (120) square feet, plus that portion of the floor area of any second story having a ceiling height of at least seven and one-half (7 '/2) feet located within any such accessory building located on the lot. (Open balconies and basements shall not be counted as floor area). 16 Section 36. That Section 4.8(D)(2) of the Land Use Code is hereby amended to read as follows: (2) Residential. Any new dwelling that is proposed to be constructed between the back of an existing dwelling and the rear property line of the lot upon which both dwellings will be located, and any new detached accessory building shall contain a maximum of eight hundred (800) square feet of floor area. A new dwelling may be located in any area of the rear portion of such lot provided that it complies with the setback requirements of this District. Section 37. That Section 4.8(E)(1)(g) of the Land Use Code is hereby amended to read as follows: (g) The minimum pitch of the roof of any building shall be 2:12 and the maximum pitch of the roof of any building shall be 12:12, except that new, detached accessory buildings and additions to existing dwelling units may be constructed with a pitch that matches any roof pitch of the existing dwelling unit. Additionally, the roof pitch of a dormer, turret or similar architectural feature may not exceed 24:12 and the roof pitch of a covered porch may be flat whenever the roof of such a porch is also considered to be the floor of a second-story deck. Section 38. That Section 4.9(B)(1)(a)2. of the Land Use Code is hereby amended to read as follows: 2. The City Council shall grant such variance only upon a finding that the strict application of this Land Use Code would result in exceptional or undue hardship upon the owner of the property and that the variance may be granted without substantial detriment to the public good and without substantially impairing the intent and purposes of this Land Use Code. Section 39. That Section 4.9(B)(1)(b) of the Land Use Code is hereby amended to read as follows: (b) After the property has been placed in the T District, the Zoning Board of Appeals may grant a variance in accordance with Division 2.10 permitting installation or enlargement of a permanent structure containing a use which was existing at the time the 17 property was placed in this District, or containing a use which is ancillary to such existing use. Section 40. That the land use "Food catering" contained in Section C. of the chart contained in Section 4.12(B)(2) of the Land Use Code is hereby amended to read as follows: Food catering or small BP BP BP food product preparation Section 41. That the chart contained in Section 4.12(B)(2) of the Land Use Code is hereby amended by the addition of a new land use in Section C. of the chart to read as follows: Land Use Old City Center Canyon Avenue Civic Center t I��if t = t( Sa3 Fn�i (I ..t I= Ii, L�• ? � �� �ti�, �ET;�,III�F��Ii ti RUM-' yl,�itI� C,tIj , ! � C3 I Il�j! {v,1 . ( � ' 'I IIC�II �{ 1 iC (I ttif t4(t�I ki Fi�iii ,� Day shelters, provided Type 2 Not Permitted Type 2 they do not exceed 10,000 square feet and are located within 1,320 feet (1/4 mile) of a Transfort route Section 42. That Section 4.12(D)(2) of the Land Use Code is hereby amended to read as follows: (D) Land Use Standards. (2) Dimensional Standards. The dimensional standards are set forth on the chart below: IItIj � i4t t �t u, (1 it t store f �, t ', pld City C t (( illi 4 t { ' ddrte Civic Center aAi III 111) (.. (. IG Ii Minimum lot size None None None Minimum lot width None 40 feet 40 feet Maximum building coverage 100% 75% 75% Maximum FAR* 2 5 5 Maximum front yard setback** 0 15 feet 15 feet Minimum rear yard setback 0 0 0 18 Maximum building 4 stories not to exceed 168 feet 168 feet height 56 feet * Any floor of a building dedicated exclusively to residential use or uses accessory to those residential uses are not included in the total of the floor area ratio. These are"free floors." ** Except as otherwise allowed in 4.12(E)(1)(a). Section 43. That Section 4.13(B)(2)(c)l1. of the Land Use Code is hereby amended to read as follows: 11. Food catering or small food product preparation. Section 44. That Section 4.13(B)(3)(c) of the Land Use Code is hereby amended by the addition of a new subparagraph 5. to read as follows: 5. Day shelters, provided they do not exceed ten thousand (10,000) square feet and are located within one thousand three hundred twenty (1,320) feet (one-quarter[1/41 mile) of a Transfort route. Section 45. That Section 4.14(B)(2)(c)23. of the Land Use Code is hereby amended to read as follows: 23. Food catering or small food product preparation. Section 46. That Section 4.14(B)(3)(c) of the Land Use Code is hereby amended by the addition of a new subparagraph 12. to read as follows: 12. Day shelters, provided they do not exceed ten thousand (10,000) square feet and are located within one thousand three hundred twenty (1,320) feet (one-quarter[1/4] mile) of a Transfort route. Section 47. That Section 4.15(B)(2)(c)20. of the Land Use Code is hereby amended to read as follows: 20. Food catering or small food product preparation. Section 48. That Section 4.15(B)(3)(c) of the Land Use Code is hereby amended by the addition of a new subparagraph 3. to read as follows: 3. Day shelters, provided they do not exceed ten thousand (10,000) square feet and are located within one thousand three hundred twenty (1,320) feet (one-quarter[1/4] mile) of a Transfort route. 19 Section 49. That Section 4.16(B)(2)(c)17. of the Land Use Code is hereby amended to read as follows: 17. Food catering or small food product preparation. Section 50. That Section 4.16(B)(3)(c) of the Land Use Code is hereby amended by the addition of a new subparagraph 4. to read as follows: 4. Day shelters, provided they do not exceed ten thousand (10,000) square feet and are located within one thousand three hundred twenty (1,320) feet (one-quarter[1/4] mile) of a Transfort route. Section 51. That Section 4.17(B)(2)(c)26. of the Land Use Code is hereby amended to read as follows: 26. Food catering or small food product preparation. Section 52. That Section 4.17(B)(3)(b) of the Land Use Code is hereby amended by the addition of a new subparagraph 13. to read as follows: 13. Day shelters, provided they do not exceed ten thousand (10,000) square feet and are located within one thousand three hundred twenty (1,320) feet (one-quarter[1/41 mile) of a Transfort route. Section 53. That Section 4.18(B)(2)(c)35. of the Land Use Code is hereby amended to read as follows: 35. Food catering or small food product preparation. Section 54. That Section 4.18(B)(3)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph 3. to read as follows: 3. Day shelters, provided they do not exceed ten thousand (10,000) square feet and are located within one thousand three hundred twenty (1,320) feet (one-quarter[1/4] mile) of a Transfort route. Section 55. That Section 4.19(B)(2)(c)20. of the Land Use Code is hereby amended to read as follows: 20. Food catering or small food product preparation. 20 Section 56. That Section 4.20(B)(2)(c)10. of the Land Use Code is hereby amended to read as follows: 10. Food catering or small food product preparation. Section 57. That Section 4.21(B)(2)(c)4. of the Land Use Code is hereby amended to read as follows: 4. Food catering or small food product preparation. Section 58. That Section 4.22(B)(2)(c)10. of the Land Use Code is hereby amended to read as follows: 10. Food catering or small food product preparation. Section 59. That Section 4.22(B)(3)(c) of the Land Use Code is hereby amended by the addition of a new subparagraph 11. to read as follows: 12. Enclosed mini-storage facilities. Section 60. That Section 4.22(D)(2) of the Land Use Code is hereby amended by the addition of a new subparagraph (v) to read as follows: (v) Enclosed mini-storage facilities. Section 61. That Section 4.22(E) of the Land Use Code is hereby amended by the addition of a new subparagraph (3) to read as follows: (3) Enclosed Mini-Storage Facilities. Where enclosed mini-storage facilities face a public street, the entire linear frontage along such street shall include only buildings designed for human occupancy, landscaping, accessory parking and/or drives. Section 62. That Section 4.23(B)(2)(c)20. of the Land Use Code is hereby amended to read as follows: 20. Food catering or small food product preparation. Section 63. That Section 4.23(B)(2)(c) of the Land Use Code is hereby amended by the addition of a new subparagraph 21. to read as follows: 21. Limited indoor recreation uses. Section 64. That Section 4.23(B)(3)(c) of the Land Use Code is hereby amended by the addition of a new subparagraph 15. to read as follows: 21 15. Day shelters, provided they do not exceed ten thousand (10,000) square feet and are located within one thousand three hundred twenty (1,320) feet (one-quarter[1/4] mile) of a Transfort route. Section 65. That Section 5.1.2 of the Land Use Code is hereby amended by addition a new definition "Basic development review" to read as follows: Basic development review shall mean a review without a public hearing by City of Fort Collins staff for the purpose of determining compliance with the applicable standards of Article 3 and Article 4 of this Land Use Code for any use that is not subject to a Type 1 or Type 2 review. Section 66. That Section 5.1.2 of the Land Use Code is hereby amended by adding a new definition "Day shelter" to read as follows: Day shelter shall mean a facility that provides temporary daytime shelter and/or food and which may also provide personal care, social or counseling services to indigent, homeless or transient persons, provided that such a facility contains a private, outdoor non-public space. Section 67. That Section 5.1.2 of the Land Use Code is hereby amended by adding a new definition "Enclosed mini-storage" to read as follows: Enclosed mini-storage shall mean a building containing separate, individual, private storage spaces, which may be of various sizes, and which are rented pursuant to individual leases for varying periods of time. Section 68. That the definition of "Food catering" in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Food catering or small food product preparation shall mean an establishment in which the principal use is the preparation of food and/or meals on the premises, and where such food and/or meals are delivered to another location for consumption or distribution, and where such use occupies not more than five thousand (5,000) square feet in gross floor area. Section 69. That Section 5.1.2 of the Land Use Code of the City of Fort Collins is hereby amended by addition a new definition "Maintenance (of a newly constructed street)" to read as follows: Maintenance (of a newly constructed street) shall mean keeping the street free of dirt, mud, debris, and any other foreign material that would constitute a safety hazard or a nuisance or cause damage to the newly constructed street, and shall also include repainting traffic control striping, repairing and replacing traffic control signs and signals 22 as necessary, and maintaining median/parkway landscaping and irrigation systems and supplying water therefor. Section 70. That the definition of"Sign, individual letter" in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Sign, individual letter shall mean a type of flush wall sign consisting of individual letters, incised letters, script or symbols with no background material other than the wall of the building to which the letters, script or symbols are affixed. If the individual sections of an individual letter sign are connected by a common structure, commonly known as a "raceway," which provides for the electrical and/or mechanical operation of said sign, the "raceway" must be painted to match the color of the wall to which the sign is mounted and must be limited to a height of no more than one-half ('/2) of the height of the tallest letter. Section 71. That Section 5.1.2 of the Land Use Code is hereby amended by adding a new definition "Zero lot line" to read as follows: Zero lot line 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 adjacent lot under the authority of an encroachment and maintenance easement. Introduced and considered favorably on first reading and ordered published in summary form this 20th day of November, A.D. 2001, and to be presented for final passage on the 18th day of December, A.D. 2001. Mayor TTEST- City Clerk Passed and adopted on final reading this 18th day of December, A 2001. Mayor _, TTEST: La ! - City Clerk 23