HomeMy WebLinkAbout173 - 12/16/2003 - MAKING AMENDMENTS TO THE LAND USE CODE ORDINANCE NO. 173, 2003
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 the title of Section 2.1.3(C) of the Land Use Code is hereby
amended to read as follows:
(C) Project Development Plan and Plat.
Section 2. That Section 2.1.3(C)(1) of the Land Use Code is hereby amended
to read as follows:
(1) Purpose and effect. The project development plan shall
contain a general description of the uses of land, the layout
of landscaping, circulation, architectural elevations and
buildings, and it shall include the project development plan
and plat (when such plat is required pursuant to Section
3.3.1 of this Code). Approval of a project development
plan does not establish any vested right to develop property
in accordance with the plan.
Section 3. That the title of Section 2.2.1l(C) of the Land Use Code is hereby
amended to read as follows:
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(C) Project Development Plan and Plat.
Section 4. That Section 2.3.2(H)(2) of the Land Use Code is hereby amended
to read as follows:
(2) The overall development plan shall be consistent with the
required density range of residential uses (including lot
sizes and housing types) with regard to any land which is
part of the overall development plan and which is included
in the following districts:
(a) The Urban Estate District (U-E). See Section
4.1(D)(1),
(b) The Residential Foothills District (R-F). See
Section 4.2(D)(1),
(c) The Low Density Mixed-Use Neighborhood
District (L-M-N). See Section 4.4(D),
(d) The Medium Density Mixed-Use Neighborhood
District (M-M-N). See Section 4.5(D).
(e) The Community Commercial-North College
District (C-C-N). See Section 4.15(D)(1),
(f) The Harmony Corridor District (H-Q. See Section
4.21(D)(4),
(g) The Employment District (E). See Section
4.22(D)(5),
(h) The High Density Mixed-Use Neighborhood
District (H-M-N). See Section 4.24(D)(1).
Section 5. That Section 2.3.2(H)(3) of the Land Use Code is hereby deleted
and all subsequent subsections renumbered accordingly:
Section 6. That Division 2.8.2 of the Land Use Code is hereby amended to
read as follows:
DIVISION 2.8 MODIFICATION OF STANDARDS
Sections:
2.8.1 Purpose and Applicability
2.8.2 Modification Review Procedures
2.8.1 Purpose and Applicability
The decision maker is empowered to grant modifications to the General
Development Standards contained in Article 3 and the Land Use Standards and
Development Standards contained in Article 4 and any separation or proximity
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standards that are established as a specific measurement of distance in the District
Permitted Uses contained in Article 4, either for: (1) overall development plans
and/or project development plans which are pending approval at the time that the
request for proposed modification is filed, or (2) overall development plans
and/or project development plans which the applicant intends to file, provided
that such plans are in fact filed with the Director as development applications
within one (1) year following the determination of the decision maker on the
request for the proposed modification, or (3) development plans approved under
prior law and which are sought to be amended (either as a minor or major
amendment) pursuant to Section 2.2.10.
2.8.2 Modification Review Procedures
A request for modification to the standards shall be processed according to, in
compliance with and subject to the provisions contained in Division 2.1 and Steps
1 through 12 of the Common Development Review Procedures (Sections 2.2.1
through 2.2.12, inclusive) as set forth below. Once a modification is approved, it
shall be controlling for the successive, timely filed, development applications for
that particular development proposal only to the extent that it modifies the
standards pertaining to such plan.
(G) Step 7(A) (Decision Maker): Applicable, and in explanation thereof and
in addition thereto, if an application for a modification of standards
pertains to a development plan which is subject to administrative review,
the Director shall be the designated decision maker, and if an application
for a modification of standards pertains to a development plan which is
subject to Planning and Zoning Board review, the Planning and Zoning
Board shall be the designated decision maker. If the application is for a
modification of standards pertaining to a development plan previously
approved under prior law or not yet filed, the Director shall determine
whether such development plan would have been, or will be, subject to
administrative review or Planning and Zoning Board review and shall
identify the decision maker accordingly. In all cases, the decision maker
shall review, consider and approve, approve with conditions or deny an
application for a modification of standards based on its compliance with
all of the standards contained in Step 8.
(H) Step 8 (Standards): Applicable, and the Planning and Zoning Board 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:
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(1) the plan as submitted will promote the general purpose of the
standard for which the modification is requested equally well or
better than would a plan which complies with the standard for which
a modification is requested; or
(2) the granting of a modification from the strict application of any
standard would, without impairing the intent and purpose of this
Land Use Code, substantially alleviate an existing, defined and
described problem of city-wide concern or would result in a
substantial benefit to the city by reason of the fact that the proposed
project would substantially address an important community need
specifically and expressly defined and described in the city's
Comprehensive Plan, or in an adopted policy, ordinance or
resolution of the City Council, and the strict application of such a
standard would render the project practically infeasible; or
(3) by reason of exceptional physical conditions or other extraordinary
and exceptional situations, unique to such property, including, but
not limited to, physical conditions such as exceptional narrowness,
shallowness or topography, or physical conditions which hinder the
owner's ability to install a solar energy system, the strict application
of the standard sought to be modified would result in unusual and
exceptional practical difficulties, or exceptional or undue hardship
upon the owner of such property, provided that such difficulties or
hardship are not caused by the act or omission of the applicant; or
(4) the plan 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 from the
perspective of the entire development plan, and will continue to
advance the purposes of the Land Use Code as contained in Section
1.2.2.
Any finding made under subparagraph (1), (2), (3) or (4) above shall
be supported by specific findings showing how the plan, as
submitted, meets the requirements and criteria of said subparagraph
(1), (2), (3) or(4).
Section 7. That Section 2.11.1(B) of the Land Use Code is hereby amended by
the addition of a new subparagraph (11) which reads as follows:
(11) Decisions of the administrative staff to approve, approve
with conditions, or deny a development application for a use
subject to Basic Development Review based on its
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compliance with the applicable standards of Article 3 and
Article 4 of this Land Use Code.
Section 8. That Section 2.13.10(E), (F) and (G) of the Land Use Code are
hereby amended to read as follows:
(E) any dedication of property made to public entities in accordance
with the approved overall development plan for the project or the
approved project development plan or plat for the project;
(F) whether infrastructure improvements which have been installed
have been sized to accommodate uses approved in the approved
overall development plan or the approved project development plan
or plat for the project;
(G) the acreage of the approved overall development plan or the
approved project development plan or plat for the project and the
number of phases within the overall development plan or the
approved project development plan or plat and their respective
acreages which have received final approval;
Section 9. 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
and, for under-canopy fueling areas, maximum lighting levels for
outdoor facilities used at night.
Area/Activi ■ Foot-candle
Building surrounds(nonresidential) 1.0
Bikeways along roadside
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
Park walkways 0.5
Pedestrian stairways 0.3
Loading and unloading platforms 5.0
Parking areas 1.0
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Area/Activit * Foot-candle
Playground 5.0
Under-canopy fueling area(average maintained 20.0
maximum)
Under-canopy fueling area(initial installation 26.0
maximum)
*Illuminating Engineering Society(IES)Lighting Handbook
Section 10. That Section 3.3.2(D)(7) of the Land Use Code is hereby amended
to read as follows:
(7) Utilities (including, without limitation, communications,
electric power, gas, water, sewer). Except as hereafter
provided, all new utility facilities on or adjoining the
development shall be installed underground, and, if located
in a street or alley, shall be installed, inspected and
approved in accordance with the permit required pursuant
to Section 23-16 of the City Code, prior to the completion
of street or alley surfacing. To the extent feasible, the
undergrounding of utilities shall be planned, coordinated
and installed in an orderly fashion from deepest to
shallowest. Aboveground facilities necessarily appurtenant
to underground facilities shall be allowed, but shall be
located outside of the parkway area that is between the
street and sidewalk where detached sidewalks exist, and, in
all circumstances, shall be located at least two (2) feet
behind the back of the sidewalk, or if there is no sidewalk,
behind the edge of the pavement. Roadway lighting
fixtures with their poles and junction boxes, as well as
traffic signals with their controller cabinets, are exempt
from this requirement. Any aboveground facilities shall be
located so as to not cause a sight obstruction for vehicular,
pedestrian or bicycle traffic. In addition, all existing
overhead utilities located on the development site, or
adjoining the development site in public rights-of-way or
utility easements, whether they serve the development or
not, shall be relocated underground when such relocation is
an incidental conversion associated with other public
improvements in conjunction with the development project.
Exceptions:
(a) New or existing overhead utility facilities
shall be allowed if they:
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1. are electric transmission lines above
forty (40) kilovolts nominal, or
2. are temporary in nature for the
purpose of servicing construction or
lands not developed to urban
qualifications, or
3. are required to be installed on a
temporary basis while an
underground utility facility is being
repaired, or
4. are necessary to span natural barriers
such as canyons, rivers or boulder
fields where an underground
installation would be extremely
impractical.
(b) Existing overhead utility facilities shall be
allowed if they:
1, are capable of serving only
territories anticipated to be annexed
to the city in the future, or
2. traverse the periphery of the
development for a distance less than
four hundred (400) feet (and
provided that the developer has
installed conduit to accommodate
future undergrounding), or
3. are distribution lines which will be
removed upon future development,
or
4. are electric distribution circuits of
utilities that do not provide electric
service to persons within the City.
Section 11. That Section 3.4.1(E)(2)(c)(6) of the Land Use Code is hereby
amended to read as follows:
6. construction or installation of recreation
features or public park elements provided
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that such features or elements are
compatible with the ecological character or
wildlife use of the natural habitat or feature.
Section 12. That the table contained in Section 3.4.1(E)(3) of the Land Use
Code, under the subheading "Special Habitat Features/Resources of Special Concern" is
hereby amended to read as follows:
Red-tailed, Ferruginous and Swainson's hawk 1,320 feet
nest sites
Section 13. That Section 3.4.1(0)(2) of the Land Use Code is hereby amended
to read as follows:
(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
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 14. That Section 3.4.7(C) of the Land Use Code is hereby amended to
read as follows:
(C) Determination of Landmark Eligibility. The determination of
individual eligibility for local landmark designation will be made
in accordance with the applicable provisions of Chapter 14 of the
City Code. A site, structure or object may be determined to be
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individually eligible for local landmark designation if it meets one
(1) or more of the criteria as described in Section 14-5, "Standards
for Designation of Sites, Structures, Objects and Districts For
Preservation" of the City Code. If a property is determined to be
eligible for designation, the applicant will provide a completed
Colorado Cultural Resource Survey Architectural Inventory Form
for the property. (Forms are available from the Community
Planning and Environmental Services Department.)
The determination of individual eligibility for the National or State
Register of Historic Places shall be according to the processes and
procedures of the Colorado Historical Society.
Section 15. That Division 3.4 of the Land Use Code is hereby amended by the
addition of a new Section 3.4.9 which reads in its entirety as follows:
3.4.9. Health Risks
(A) Purpose. This section is intended to protect the occupants
of and visitors to the site following development from
health risks that may be presented by the existence of
dangerous chemicals, metals, or other substances,
microorganisms, germs, bacteria or viruses, which pose a
health risk to the potential occupants of and/or visitors to
the development site if permitted to develop.
(B) General Standard. If, because of credible evidence in the
possession of the city or the applicant, whether written or
otherwise, there is a reasonable suspicion or belief that the
development site contains dangerous chemicals, metals, or
other substances, microorganisms, germs, bacteria or
viruses, which pose a health risk to the potential occupants
of and/or visitors to the development site if permitted to
develop, then the applicant shall either take such actions as
are necessary to satisfy the decision maker that such health
risks have been reasonably mitigated, or shall demonstrate
to the decision maker by presentation of written statements
from either the Larimer County Health Department or from
specialists appropriate in education and training to examine
the risks, showing that the suspicion of danger and health
risk is scientifically unfounded and that actual, reasonable
risk is unlikely.
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Section 16. That Section 3.5.4(C)(3)(a) of the Land Use Code is hereby
amended to read as follows:
(a) Entrances. At least two (2) sides of a large retail
establishment shall feature customer entrances. The
two (2) required sides shall be those planned to
have the highest level of public pedestrian activity,
and one (1) of the sides shall be that which most
directly faces a street with pedestrian access. The
other of the two (2) sides may face a second street
with pedestrian access, and/or a main parking lot
area. All entrances shall be architecturally
prominent and clearly visible from the abutting
public street. (See Figure 14.) Movie theaters are
exempt from this requirement.
Section 17. That Section 3.7.2(A(1) of the Land Use Code is hereby amended
to read as follows:
(1) Degree of Contiguity. At least one-sixth ('/6) of the
proposed development's boundaries must be contiguous to
existing urban development within either the city or
unincorporated Larimer County within the Growth
Management Area. For purposes of this Section, contiguity
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, publicly owned open
space, or a lake, reservoir, stream or other natural or
artificial waterway between the proposed development and
existing urban development.
Section 18. That Section 3.8.7(A)(3)(b) and (c) of the Land Use Code are
hereby amended to read as follows:
(b) Existing on-premise signs for which a sign permit
was issued pursuant to the previous provisions of
this Code, and which have become nonconforming
because of subsequent amendments to this Code,
shall be brought into conformance with the
provisions of this Section within fifteen (15) years
from the date of the amendment which caused the
nonconformity; provided, however, that during said
fifteen-year period, such signs shall be maintained
in good condition and no such sign shall be:
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(c) Except as provided in subsection (d) below, all
existing nonconforming signs located on property
annexed to the city shall be removed or made to
conform to the provisions of this Article no later
than five (5) years after the effective date of such
annexation; provided, however, that during said
five-year period, such signs shall be maintained in
good condition and shall be subject to the same
limitations contained in subparagraph (b)(1)
through (b)(6) above. This subsection shall not
apply to off-premise signs which are within the
ambit of the just compensation provisions of the
Federal Highway Beautification Act and the
Colorado Outdoor Advertising Act.
Section 19. That Section 3.8.25 of the Land Use Code is hereby amended to
read as follows:
3.8.25 Permitted Uses: Abandonment Period/Reconstruction of
Permitted Use.
(A) If, after June 25, 1999 (the effective date of the ordinance
adopting this Section), active operations are not carried on
in a permitted use during a period of twelve (12)
consecutive months, the building, other structure or tract of
land where such permitted use previously existed shall
thereafter be re-occupied and used only after the building
or other structure, as well as the tract of land upon which
such building or other structure is located, have, to the
extent reasonably feasible, been brought into compliance
with the applicable general development standards
contained in Article 3 and the applicable district standards
contained in Article 4 of this Land Use Code. This
requirement shall not apply to any permitted use conducted
in a building that was less than ten (10) years old at the
time that active operations ceased. Intent to resume active
operations shall not affect the foregoing.
(B) A building or structure containing a permitted use which
has been damaged by fire or other accidental cause or
natural catastrophe may be reconstructed to its previous
condition provided such work is started within six (6)
months of the date of the occurrence of such damage. In
the event such work is started later than six (6) months
from the date of the occurrence, then the building or
structure may be reconstructed, provided that to the extent
reasonably feasible, such reconstruction complies with the
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applicable standards of Article 3 and Article 4 of this Land
Use Code.
Section 20. That Section 3.8 of the Land Use Code is hereby amended by the
addition of a new Section 3.8.26 which reads in its entirety as follows:
3.8.26 Residential Buffering
(A) Applicability. These standards apply only to applications for residential
development.
(B) Purpose. The purpose of this Section is to provide standards to separate
residential land uses from existing industrial uses, in order to eliminate or
minimize potential nuisances such as dirt, litter, noise, glare of lights, and
unsightly buildings or parking areas, or to provide spacing to reduce
adverse impacts of noise, odor, or danger from fires or explosions.
(C) Buffer standards. Buffer yards shall be located on the outer perimeter of
a lot or parcel and may be required along all property lines for buffering
purposes and shall meet the standards as provided in this section.
(1) Only those structures used for buffering and/or screening purposes
shall be located within a buffer yard. The buffer yard shall not
include any paved area, except for pedestrian sidewalks or paths or
vehicular access drives which may intersect the buffer yard at a
point which is perpendicular to the buffer yard and which shall be
the minimum width necessary to provide vehicular or pedestrian
access. Fencing and/or walls used for buffer yard purposes shall
be solid, with at least seventy-five percent (75%) opacity.
(2) There are three (3) types of buffer yards which are established
according to land use intensity as described in Chart 1 below.
Buffer yard distances are established in Chart 2 below and specify
deciduous or coniferous plants required per one hundred (100)
linear feet along the affected property line, on an average basis.
(3) The Buffer yard requirements shall not apply to temporary or
seasonal uses or to properties which are separated by a major
collector street, arterial street, or highway.
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Chart I
LAND USE INTENSITY CATEGORIES
Land Use Intensity Category Buffer yard
Airports/airstrips Very High C
Composting facilities High B
Dry cleaning plants Very Hi gh C
Feedlots Very High C
Heavy industrial uses Very High C
Light industrial uses High B
Junkyards High B
Outdoor storage facilities High B
Recreation vehicle, boat, truck Medium A
storage
Recycling facilities High B
Agricultural research laboratories High B
Resource extraction Very High C
Transportation terminals (truck, High B
container storage)
Warehouse & distribution facilities High B
Workshops and custom small Medium A
industry
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Chart 2
BUFFER YARD TYPES
Type—Base Standard (plants Option: Plant Option: Option: Add 3'
per 100 linear feet along Width Multiplier Add 6' Berm or 6'
affected property line)* ** Wall Fence
Buffer Yard A: 15 feet 1.00 .65 .80
20 feet .90
3 Shade Trees 25 feet .80
2 Ornamental Trees or Type 2 30 feet .70
Shrubs*** 35 feet .60
3 Evergreen Trees 40 feet .50
15 Shrubs (33% Type 1, 67%
Type 2)
Buffer Yard B:
15 feet 1.25 .75 .85
4 Shade Trees 20 feet 1.00
4 Ornamental Trees or Type 2 25 feet .90
Shrubs*** 30 feet .80
3 Evergreen Trees 35 feet .70
25 Shrubs (Type 2) 40 feet .60
45 feet .50
Buffer Yard C:
20 feet 1.25 .75 .85
5 Shade Trees 25 feet 1.00
6 Ornamental Trees or Type 2 30 feet .90
Shrubs*** 35 feet .80
4 Evergreen Trees 40 feet .70
30 Shrubs (Type 2) 45 feet .60
50 feet .50
*'Base standard" for each type of buffer yard is that width which has a plant multiplier.
**'Plant multipliers" are used to increase or decrease the amount of required plants based
on providing a buffer yard of reduced or greater width or by the addition of a wall, berm,
or fence.
***Shrub types: Type 1: 4'-8' High Type 2: Over 8' High
Section 21. That Section 3.9.3 of the Land Use Code is hereby amended by the
addition of an illustration to help explains subsection (A) and (B), which illustration is
below:
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Section 22. That Section 4.6(F)(1)(d) of the Land Use Code is hereby amended
to read as follows:
(d) A second floor shall not overhang the lower front or
side exterior walls of a new or existing building.
Section 23. That Section 4.7(F)(1)(d) of the Land Use Code is hereby amended
to read as follows:
(d) A second floor shall not overhang the lower front or
side exterior walls of a new or existing building.
Section 24. That Section 4.8.(E)(1)(d) of the Land Use Code is hereby
amended to read as follows:
(d) A second floor shall not overhang the lower front or
side exterior walls of a new or existing building.
Section 25. 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
property was placed in this District, or containing a
use which is ancillary to such existing use. When
applying the standards of subsection 2.10.2(H),
subsection 2.10.2(H)(2) shall not apply. Any
proposal for the installation or enlargement of such
a structure for which a variance has been approved
must comply with the requirements contained in
Section 1.6.5 and the applicable general
development standards contained in Article 3.
Section 26. That the table contained in Section 4.12(B)(2) of the Land Use
Code is hereby amended by the deletion of 'Elderly day care centers" under Section A.
Residential as follows:
+re-t ape-} Type 1
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Section 27. That the table contained in Section 4.12(B)(2) of the Land Use
Code is hereby amended by the deletion of "Elderly day care centers" under Section B.
Institutional/Civic/Public as follows:
} I
Section 28. That the table contained in Section 4.12(B)(2) of the Land Use
Code is hereby amended by the deletion of "Elderly day care centers" and the addition of
"Adult day/respite care center" under Section C. Commercial/Retail as follows:
care Adult day/respite a e
center Type 1 Type 1 Type 1
Section 29. That the table contained in Section 4.12(B)(2) C. of the Land Use
Code is hereby amended by the addition of a new land use "Small scale events center'
which reads in its entirety as follows:
Small scale reception center Type l Type l Type l
Section 30. That the table contained in Section 4.12(B)(2) of the Land Use
Code is hereby amended by the deletion of "Elderly day care centers" under Section D.
Industrial as follows:
Elderly day care centers Type 1 Type 1 Type I
Section 31. That the table contained in Section 4.12(B)(2) of the Land Use
Code is hereby amended by the deletion of "Elderly day care centers" under Section E.
Accessory-Misc. as follows:
Elderly day care centers Type 1 Type 1 Type 1
Section 32. That Section 4.14(B)(2)(c) of the Land Use Code is hereby
amended by the addition of a new subparagraph 25 which reads in its entirety as follows:
25. Small scale reception center.
Section 33. That Section 4.15(B)(2)(c) of the Land Use Code is hereby
amended by the addition of a new subparagraph 23 which reads in its entirety as follows:
23. Small scale reception center.
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Section 34. That Section 4.16(13)(3)(c) of the Land Use Code is hereby
amended by the addition of a new subparagraph 5 which reads in its entirety as follows:
5. Small scale reception center.
Section 35. That Section 4.17(B)(2)(c) of the Land Use Code is hereby
amended by the addition of a new subparagraph 26 which reads in its entirety as follows:
27. Small scale reception center.
Section 36. That Section 4.18(B)(2)(c) of the Land Use Code is hereby
amended by the addition of a new subparagraph 40 which reads in its entirety as follows:
40. Small scale reception center.
Section 37. That Section 4.22(B)(2)(c) of the Land Use Code is hereby
amended by the addition of a new subparagraph 12. which reads in its entirety as follows:
12. Personal and business service shops.
Section 38. That Section 4.22(D)(2) of the Land Use Code is hereby amended
by the addition of a new subparagraph (x) which reads in its entirety as follows:
(x) Personal and business service shops.
Section 39. That Section 4.24(D)(2)(a) of the Land Use Code is hereby deleted
in its entirety and all subsequent subparagraphs be renumbered accordingly.
Section 40. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of a new definition "buffer yard" which reads as follows:
Buffer yard shall mean that area intended to provide separation between
adjoining residential and industrial uses.
Section 41. That the definition "Composting facility" contained in Section
5.1.2 of the Land Use Code is hereby amended to read as follows:
Composting facility shall mean any site where decomposition processes
are used on solid waste (including leaves, grass, manures and nonmeat
food production wastes received from residential, commercial, industrial
nonhazardous and community sources, but not including bio-solids) to
produce compost; provided however that the term composting facility
shall not include composting as an accessory use.
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Section 42. That the definition "development" (subpart [B][2]) contained in
Section 5.1.2 of the Land Use Code is hereby amended to read as follows:
(2) work by any public utility for the purpose of inspecting, repairing,
renewing or constructing, on public easements or rights-of-way,
any mains, pipes, cables, utility tunnels, power lines, towers, poles,
tracks or the like; provided, however, that this exemption shall not
include work by a public utility in constructing or enlarging mass
transit or railroad depots or terminals or any similar traffic-
generating activity;
Section 43. That the definition "Elderly day care center" contained in Section
5.1.2 of the Land Use Code is hereby amended to read as follows:
Adult day/respite care center shall mean a nonresidential facility providing for the
care, supervision, protection and social activities of persons over sixteen (16)
years of age during normal daytime working hours and allowing overnight stay on
a short-term basis as a subordinate function.
Section 44. That the definition "Off-street parking area or vehicular use area"
contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows:
Off-street parking area or vehicular use area shall mean all off-street areas and
spaces designed, used, required or intended to be used for the parking, storage,
maintenance, service, repair, display or operation of, motor vehicles, including
driveways or accessways in and to such areas, but not including: (1) any outdoor
storage area used principally as "recreational vehicle, boat or truck storage" use;
(2) any parking area that is primarily used for long-term storage of vehicles that
more closely resembles an outdoor storage area than it does a parking lot (such as
impound lots, junkyards or other similar uses); or (3) any internal drive land
located in an enclosed mini-storage facility; or (4) any public street or right-of-
way.
Section 45. That the definition "site specific development plan" contained in
Section 5.1.2 of the Land Use Code is hereby amended to read as follows:
Site specific development plan shall mean and be limited to a final plan as
approved pursuant to this Land Use Code, including a plan approved purusantto
basic development review; or, under prior law in effect on the day before the
effective date of this Land Use Code, any of the following: the final plan, as
approved pursuant to §29-526; the final subdivision plat, as approved pursuant to
§29-643; a minor subdivision plat, as approved pursuant to §29-644; final site
plans in the R-M District, as provided pursuant to § 29-179; final site plans in the
R-H District, as provided pursuant to §§29-205 and 29-206; cluster development
plans as provided pursuant to §29-116; site plans in the I-L and I-P Districts, as
provided pursuant to §29-372; site plans in the R-C District, as provided pursuant
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to §29-419; nonconforming use review, as provided pursuant to Chapter 29,
Article III, Division 6; and group home review, as provided pursuant to §29-475.
In addition, a site specific development plan shall mean a final plan or plat that
was approved by Latimer County for property which, at the time of approval, was
located in the county but has been subsequently annexed into the city. All
references to districts or sections herein pertain to the law in effect on the day
before the effective date of this Land Use Code and which is repealed by the
adoption of this Land Use Code.
Section 46. That Section 5.2.1 of the Land Use Code is hereby amended by the
addition of a new definition "Small scale reception center" which reads in its entirety as
follows:
Small scale reception center shall mean a place of assembly that may include a
building or structure containing a hall, auditorium or ballroom used for
celebrations or gathering (such as weddings or anniversaries). The building or
structure may also include meeting rooms and facilities for serving food. Outdoor
spaces such as lawns, plazas, gazebos, and/or terraces used for social gatherings
or ceremonies are a common component of the center. A small scale reception
center shall not include sporting events or concerts.
Introduced and considered favorably on first reading and ordered published this
2nd day of December, A.D. 2003, and to be presented for final passage on the 16th day
of December, A.D. 2003.
Mayor
ATTEST:
,"a S
Chief Deputy City Clerk
Passed and adopted on final reading this 16th day of December, A.D. 2003.
Mayor
ATTEST:
�&" N�,-" —
City Clerk
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