Loading...
HomeMy WebLinkAbout104 - 07/18/2006 - MAKING VARIOUS AMENDMENTS TO THE LAND USE CODE ORDINANCE NO. 104, 2006 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. 051, 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 2.2.6(A) of the Land Use Code is hereby amended to read as follows: (A) Mailed Notice. The Director shall mail written notice to the owners of record of all real property within eight hundred (800) feet (exclusive of public rights-of-way, public facilities, parks or public open space) of the property lines of the parcel of land for which the development is planned. Owners of record shall be ascertained according to the records of the Larimer County Assessor's Office, unless more current information is made available in writing to the Director prior to the mailing of the notices. If the development project is of a type described in the Supplemental Notice Requirements of Section 2.2.6(D), then the area of notification shall conform to the expanded notice requirements of that Section. In addition, the Director may further expand the notification area. Formally designated representatives of bona fide neighborhood groups and organizations and homeowner's associations within the area of notification shall also receive written notice. Such written notices shall be mailed at least fourteen (14) days prior to the public hearing/meeting date. The Director shall provide the applicant with a map delineating the required area of notification, which area may be extended by the Director to the nearest streets or other distinctive physical features which would create a practical and rational boundary for the area of notification. The applicant shall pay postage and handling costs of fifty cents ($.50) per notice. Failure to mail such notice shall not affect the validity of any hearing, meeting or determination by the decision maker. Section 2. That Section 2.2.6(D) of the Land Use Code is hereby amended to read as follows: (D) Supplemental Notice Requirements. 'rlitttnlJottRirtlte;' tynSize. All developments except as described 800feet 5.4 square feet below. Developments proposing more than fifty 800feet 5.4 square feet (50)and less than one hundred(100)single- family or two-family lots or dwelling units. Developments proposing more than twenty- 800feet 5.4 square feet five (25) and less than one hundred (100) multi-family dwelling units. Nonresidential developments containing 800feet 5.4 square feet more than twenty-five thousand (25,000) and less than fifty thousand(50,000) square feet of floor area. Developments proposing one hundred(100) 1,000 feet 12 square feet or more single-family or two-family lots or dwelling units. Developments proposing one hundred(100) 1,000 feet 12 square feet or more multi-family dwelling units. Nonresidential developments containing 1,000 feet 12 square feet fifty thousand (50,000) or more square feet of floor area. Nonresidential developments which 1,000 feet; plus, with respect 12 square feet propose land uses or activities which, in the to neighborhood meetings, judgment of the Director, create community publication of a notice not or regional impacts. less than seven(7) days prior to the meeting in a newspaper of general circulation in the city. Zonings and Rezonings of forty (40) acres 800 feet 5.4 square feet or less Zonings and Rezonings of more than forty 1,000 feet 12 square feet (40)acres Section3. That Section 2.2.10(A)(1) of the Land Use Code is hereby amended to read as follows: 2 (1) any change to any approved development plan or any site specific development plan (except a minor subdivision [no longer authorized in this Land Use Code]) which was originally subject only to administrative review and was approved by the Director, or any change of use of any property that was developed pursuant to a basic development review or a use-by-right review under prior law, provided that such change would not have disqualified the original plan from administrative review had it been requested at that time; and provided that: (a) the minor amendment results in an increase by one (1) percent or less in the approved number of dwelling units, except that in the case of a change of use of any property that was developed pursuant to a basic development review or use-by-right review under prior law, the number of dwelling units proposed to be added may be four(4) units or less; or (b) the minor amendment results in an increase or decrease in the amount of square footage of a nonresidential land use or structure that does not change the character of the project; or (c) the minor amendment results in a change in the housing mix or use mix ratio that complies with the requirements of the zone district and does not change the character of the project; or (d) the minor amendment does not result in a change in the character of the development. (e) the minor amendment does not result in new buildings, building additions or site improvements, such as parking lots and landscaping, that are proposed to be located outside the boundaries of the approved site specific development plan. (f) the minor amendment results in a decrease in the number of approved dwelling units and does not change the character of the project, and that the plan as amended continues to comply with the requirements of this Land Use Code. Section 4. That Section 2.9.4(F) of the Land Use Code is hereby amended to read as follows: (F) Step 6(Notice): (1) Text Amendments. Not applicable, and in substitution therefor, notice of the Planning and Zoning Board hearing shall be given in accordance with Section 2-72 of the City Code. (However, for text amendments proposed pursuant to Section 1.3.4(C), Section 2.2.6(C) shall apply, and in addition the notice shall name the specific 3 proposed new use [or uses] to be added to the zone district list of permitted uses.) (2) Zonings or 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 [14] 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 zoning or 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), (C) and(D) shall apply 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. (3) Zonings or Rezonings of more than six hundred forty (640) acres (legislative). Section 2.2.6(C) shall apply. Section 2.2.6(A), (B) and (D) shall not apply. Section 5. That Section 2.9.4(H) of the Land Use Code is hereby amended to read as follows: (H) Step 8(Standards): Applicable, as follows: (1) Text Amendments and Legislative Zonings or Rezonings. Amendments to the text of this Land Use Code, and amendments to the Zoning Map involving the zoning or rezoning of more than six hundred forty (640) acres of land (legislative rezoning), are matters committed to the legislative discretion of the City Council, and decisions regarding the same are not controlled by any one (1) factor. (2) Mandatory Requirements for Quasi-judicial Zonings or Rezonings. Any amendment to the Zoning Map involving the zoning or rezoning of six hundred forty (640) acres of land or less (a quasi-judicial rezoning) shall be recommended for approval by the Planning and Zoning Board or approved by the City Council only if the proposed amendment is: (a) consistent with the City's Comprehensive Plan; and/or (b) warranted by changed conditions within the neighborhood surrounding and including the subject property. (3) Additional Considerations for Quasi-Judicial Zonings or Rezonings. In determining whether to recommend approval of any such proposed 4 amendment, the Planning and Zoning Board and City Council may consider the following additional factors: (a) whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land, and is the appropriate zone district for the land; (b) whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment, including, but not limited to, water, air, noise, stormwater management, wildlife, vegetation, wetlands and the natural functioning of the environment; (c) whether and the extent to which the proposed amendment would result in a logical and orderly development pattern. Section 6. That Section 3.2.1(K) of the Land Use Code is hereby amended to read as follows: (K) Utilities. Landscape and utility plans shall be coordinated. The following list sets forth minimum dimension requirements for the most common tree/utility separations. Exceptions to these requirements may occur where utilities are not located in their standard designated locations, as approved by the Director. Tree/utility separations shall not be used as a means of avoiding the planting of required street trees. (1) Forty (40) feet between shade trees and streetlights. Fifteen (15) feet between ornamental trees and streetlights. (See Figure 2.) (2) Ten(10) feet between trees and water or sewer mains. (3) Six (6) feet between trees and water or sewer service lines. (4) Four(4) feet between trees and gas lines. (5) Street trees on local streets planted within the eight-foot-wide utility easement may conflict with utilities. Additional conduit may be required to protect underground electric lines. Section 7. That Section 3.3.1(C)(1) of the Land Use Code is hereby amended to read as follows: (1) An applicant shall be required to dedicate rights-of-way for public streets, drainage easements and utility easements as needed to serve the area being developed and/or platted. In cases where any part of an existing road is abutting or within the tract being 5 developed and/or subdivided, the applicant shall dedicate such additional right-of-way as may be necessary to increase such roadway to the minimum width required under this Land Use Code for such street. Section 8. That Section 3.5.1(C) of the Land Use Code is hereby amended to read as follows: (C) Building Size, Height, Bulk, Mass, Scale. Buildings shall either be similar in size and height, or, if larger, be articulated and subdivided into massing that is proportional to the mass and scale of other structures, if any, on the same block face, opposing block face, or cater-comer block face at the nearest intersection. (See Figure 7.) Section 9. That Section 3.5.1(J) of the Land Use Code is hereby amended to read as follows: (J) Operational/Physical Compatibility Standards. Conditions may be imposed upon the approval of development applications to ensure that new development will be compatible with existing neighborhoods and uses. Such conditions may include, but need not be limited to, restrictions on: (1) hours of operation and deliveries; (2) location on a site of activities that generate potential adverse impacts on adjacent uses such as noise and glare; (3) placement of trash receptacles; (4) location of loading and delivery zones; (5) light intensity and hours of full illumination; (6) placement and illumination of outdoor vending machines; (7) location and number of off-street parking spaces. Section 10. That Section 3.6.1(C) of the Land Use Code is hereby amended to read as follows: (C) Compliance with Access Control Plans. The State Highway Access Control Code and/or any specific access control plan shall determine the location of all intersections (whether of public streets or private drives or other access ways) with state highways or city streets, as applicable. All development plans that are adjacent to a state or federal highway shall provide the access design facilities, including supporting circulation 6 facilities, identified within any applicable adopted access control plans, when such facilities are needed because of the development plan. In addition, all development plans that are adjacent to any street for which an access control plan has been adopted by the city shall provide the access design facilities, including supporting circulation facilities, identified within such access control plan, when such facilities are needed because of the development plan. Section 11. That Section 3.6.2(L)(2)(b) of the Land Use Code is hereby amended to read as follows: (b) Private drives which must comply with Section 3.6.6 for emergency access shall be limited to an overall length of six hundred sixty (660) feet (measured as the fire hose would lay). This measurement shall begin at the intersection of the private drive with the public or private street. Section 12. That Section 3.8.28 of the Land Use Code is hereby amended to read as follows: 3.8.28 Extra Occupancy Rental House Regulations (A) Extra occupancy rental houses shall conform to the occupancy limits and separation requirements specified in the following table: t- Mttx:mum aum er o e Weresults � 4 i �./j�}y ma�y�]p JJ }�ry��♦ �/ 1^!!NF Cd4Y(15{��rtceypuut fah�fP�+ it {Kt ^^� d�-f V't��, L-M-N One(1)tenant per three hundred fifty(350) No more than twenty-five square feet of habitable floor space, in addition percent(25%)of parcels on a to a minimum of four hundred(400)square feet block face may be approved for of habitable floor space if owner occupied extra occupancy rental house use. M-M-N,H-M-N,N-C-B One(1) tenant per three hundred fifty(350) No limit. square feet of habitable floor space, in addition to a minimum of four hundred(400)square feet of habitable floor space if owner occupied. D,R-D-R,C-C, One(1)tenant per three hundred fifty(350) No limit. C-C-N,C-C-R,C,C-N, square feet of habitable floor space, in addition N-C,C-L-E, 1 to a minimum of four hundred(400)square feet of habitable floor space if owner occupied. R-L,N-C-L,R-F,U-E,N- n/a Extra occupancy rental houses C-M,H-C,P-O-L,R-C not allowed. 7 (B) In all zone districts allowing extra occupancy rental houses except L-M-N, an application for extra occupancy rental house use for five (5) or fewer tenants shall be subject to basic development review. (C) In all zone districts allowing extra occupancy rental houses except L-M-N, an application for extra occupancy rental house use for more than five (5) tenants shall be subject to Type 1 administrative review. (D) In the L-M-N zone district, an application for extra occupancy rental house use for four (4) or fewer tenants shall be subject to basic developmental review. (E) In the L-M-N zone district, an application for boarding house use for more than four(4) boarders shall be subject to Type 1 administrative review. Section 13. That Section 4.1(B)(3)(b) of the Land Use Code is hereby amended by the addition of a new subparagraph 4 which reads in its entirety as follows: 4. Wildlife rescue and education centers. Section 14. That Section 4.2(B)(3)(b) of the Land Use Code is hereby amended by the addition of a new subparagraph 4 which reads in its entirety as follows: 4. Wildlife rescue and education centers. Section 15. That Section 4.3(B)(3)(b) of the Land Use Code is hereby amended by the addition of a new subparagraph 3 which reads in its entirety as follows: 3. Wildlife rescue and education centers. Section 16. That Section 4.4(B)(1)(e) of the Land Use Code is hereby amended to read as follows: (e) Residential Uses: 1. Extra occupancy rental houses with four (4) or fewer tenants. Section 17. That Section 4.4(B)(2)(a)7 of the Land Use Code is hereby amended to read as follows: (a) Residential Uses: 8 7. Extra occupancy rental houses with more than four (4) tenants. Section 18. That Section 4.4(B)(3)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph 3 which reads in its entirety as follows: 3. Multi-family dwellings containing more than eight (8) units per building. Section 19. That Section 4.4(B)(3)(b) of the Land Use Code is hereby amended by the addition of a new subparagraph 5 which reads in its entirety as follows: 5. Wildlife rescue and education centers, provided they are located within one thousand (1,000) feet of East Vine Drive. Section 20. That Section 4.4(E)(3) and (4) of the Land Use Code is hereby amended to read as follows: (3) Maximum Residential Building Height. The maximum height of single or two-family dwellings shall be two and one-half(2.5) stories. (4) Design Standards for Multi-Family Dwellings Containing More Than Eight (8) Dwelling Units. Each multi-family dwelling containing more than eight (8) dwelling units shall feature a variety of massing proportions, wall plane proportions, roof proportions and other characteristics similar in scale to those of single-family detached dwelling units, so that such larger buildings can be aesthetically integrated into the low density neighborhood. The following specific standards shall also apply to such multi-family dwellings: (a) Maximum number. The maximum number of dwelling units shall be twelve(12). (b) Orientation and Setbacks. Setbacks from the property line of abutting property containing single and two-family dwellings shall be twenty-five (25) feet. (c) Variation Among Repeated Buildings. For any development containing at least five (5) but not more than seven (7) buildings, there shall be at least two (2) distinctly different building designs. For any such development containing more than seven (7) buildings, there shall be at least three (3) distinctly different building designs. For all developments, there shall be no more than two (2) similar buildings placed next to each other along a street or major walkway spine. 9 Distinctly different building designs shall provide significant variation in footprint size and shape, architectural elevations and entrance features, within a coordinated overall theme of roof forms, massing proportions and other characteristics. To meet this standard such variation shall not consist solely of different combinations of the same building features. (d) Building Height. The maximum height of a multi-family building shall be three (3) stories. Buildings with a setback of less than fifty (50) feet facing a street or single or two-family dwellings shall minimize the impact on the adjacent single or two-family dwelling property by reducing the number of stories and terracing the roof lines over occupied space. (e) Entrances. Entrances shall be clearly identifiable and visible from the streets and public areas by incorporating use of architectural elements and landscaping. (f) Roofs. Roof lines can be either sloped, flat or curved, but must include at least two (2) of the following elements: 1. The primary roof line shall be articulated through a variation or terracing in height, detailing and/or change in massing. 2. Secondary roofs shall transition over entrances, porches, garages, dormer, towers or other architectural projections. 3. Offsets in roof planes shall be a minimum of two (2) feet in the vertical plane. 4. Termination at the top of flat roof parapets shall be articulated by design details and/or changes in materials and color. 5. Roof top equipment shall be hidden from view by incorporating equipment screens of compatible design and materials. (g) Facades and Walls. Each multi-family dwelling shall be articulated with projections, recesses, covered doorways, balconies, covered box or bay windows and/or other similar features, dividing large facades and walls into human-scaled proportions similar to the adjacent single or two-family dwellings, and shall not have repetitive, monotonous, undifferentiated wall planes. to Building facades shall be articulated with horizontal and/or vertical elements that break up blank walls of forty (40) feet or longer. Facade articulation can be accomplished by offsetting the floor plan, recessing or projection of design elements, change in materials and/or change in contrasting colors. Projections shall fall within setback requirements. (h) Colors and Materials. Colors of non-masonry materials shall be vaned from structure to structure to differentiate between buildings and provide variety and individuality. Colors and materials shall be integrated to visually reduce the scale of the buildings by contrasting trim, contrasting shades or by distinguishing one (1) section or architectural element from another. Bright colors, if used, shall be reserved for accent and trim. (i) Maximum Floor Area. The maximum gross floor area (excluding garages) shall be fourteen thousand (14,000) square feet. Section 21. That Section 4.5(B)(1)(e) of the Land Use Code is hereby amended to read as follows: (e) Residential Uses: 1. Extra occupancy rental houses with five (5) or fewer tenants. Section 22. That Section 4.5(B)(2)(a)7 of the Land Use Code is hereby amended to read as follows: (a) Residential Uses: 7. Extra occupancy rental houses with more than five (5) tenants. Section 23. That Section 4.8(B)(1)(a)4 of the Land Use Code is hereby amended to read as follows: a Residential Uses: 4. Extra occupancy rental houses with five (5) or fewer tenants. rr Section 24. That Section 4.8(B)(2)(a)7 of the Land Use Code is hereby amended to read as follows: (a) Residential: 7. Extra occupancy rental houses with more than five (5) tenants. Section 25. That Section 4.10 B 3 a of the Land Use Code is hereby amended by the addition of a new subparagraph 2 which reads in its entirety as follows: 2. Wildlife rescue and education centers. Section 26. That Section 4.11(B)(3)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph 2 which reads in its entirety as follows: 2. Wildlife rescue and education centers. Section 27. That Section 4.12(B)(2) of the Land Use Code is hereby amended to read as follows: (2) The following uses are permitted in the subdistricts of the Downtown District, subject to Basic Development Review (BDR), administrative (Type 1) Review or Planning and Zoning Board (Type 2) Review as specifically identified on the chart below: Land Use Old City Center Canyon Avenue Civic Center Two-family dwellings Not Permitted Type I Not Permitted Single-family attached dwellings (up to Not Permitted Type 1 Type 1 four units per building) Multi-family dwellings BDR Type 2 Type 2 Group homes Type I Type 2 Type 2 Mixed-use dwelling units BDR Type 1 Type I Extra occupancy rental houses with more Type I Type I Type I than five(5)tenants Extra occupancy rental houses with five BDR BDR BDR (5)or fewer tenants Fraternity and sorority houses Not Permitted Type 2 Not Permitted Places of worship or assembly Type 1 Type I Type 2 Public and private schools (colleges, BDR Type l Type I 12 universities,vocation training) Public and private schools (elementary, Type 2 Type 2 Type 2 intermediate and high school education) Community facilities Type 1 Type I Type I Long-term care facilities Type 2 Type 2 Type 2 Public facilities BDR Type 1 Type 1 Parks, recreation and other open lands, Type 1 Type 1 Type 1 except neighborhood parks as defined by the Parks and Recreation Policy Plan Transit facilities(without repair/storage) Type 2 Type 2 Type 2 Jails,detention and penal centers Not Permitted Not Permitted Type 2 ,�.t rISL`Yf.HE TAl4:4JA 77777�t 4 x4 .43auii Bed and breakfast establishments BDR Type I Type 1 Standard restaurants BDR Type I Type I Retail establishments BDR Type 2 Type 2 Grocery stores (occupying between five Type I Type I Type I thousand [5,000) and forty-five thousand [45,000)square feet) Personal and business service shops BDR Type I Type I Offices,financial services and clinics BDR Type 1 Type I Artisan,photography galleries and studios BDR Type I Type I Limited indoor recreation establishments BDR Type 1 Type I Fast food restaurants (without drive-in or BDR Type I Type 1 drive-through facilities) Gasoline stations Not Permitted Type 2 Type 2 Bars and taverns BDR Type 2 Type 2 Land Use Old City Center Canyon Avenue Civic Center , Night clubs BDR Type 2 Type 2 Entertainment facilities and theaters BDR Type 2 Type I Child care centers Type 1 Type l Type 1 Clubs and lodges BDR Type 1 Type 1 Funeral homes Not Permitted Type 2 Not Permitted Lodging establishments Type 2 Type 2 Type 2 Health and membership clubs BDR Type I Type I Parking lots and garages (as a principal Type 2 Type 2 Type 2 use) Veterinary facilities/small animal clinics Not Permitted Type 2 Type 2 Supermarkets Not Permitted Type 2 Type 2 Open-air farmers markets Type 1 Type I Type I Large retail establishments Type 2 1 Type 2 Type 2 Print shops Type 1 Type I Type I Dog day care facilities Not Permitted Type 2 Type 2 Food catering or small food product BDR BDR BDR preparation 13 Exhibit halls BDR Type 2 Type 1 Conference/convention center BDR Type 2 Type 2 Day shelters,provided they do not exceed Type 2 Not Permitted Type 2 10,000 square feet and are located within 1,320 feet('/)mile of a Transfort route Adult day/respite care centers Type I Type 1 Type 1 Small scale reception centers Type l Type I Type I 1),ifiUTttfiti- Workshops and small custom industry Not Permitted Type l Type I Research laboratories Not Permitted Type 1 Type 1 .dtt..v4. Accessory buildings BDR BDR BDR Accessory uses BDR BDR BDR Satellite dishes more than thirty-nine(39) BDR BDR BDR inches in diameter Wireless telecommunication equipment Type l Type I Type I Wireless telecommunication facilities Type 2 Type 2 Type 2 Drive-in facilities Not Permitted Type 2 Type 2 Section 28. That Section 4.13(B)(1)(e) of the Land Use Code is hereby amended to read as follows: (e) Residential Uses: 1. Extra occupancy rental houses with five (5) or fewer tenants. Section 29. That Section 4.13(B)(2)(a)7 of the Land Use Code is hereby amended to read as follows: (a) Residential Uses: 7. Extra occupancy rental houses with five (5) or fewer tenants. Section30. That Section 4.14(B)(1)(e) of the Land Use Code is hereby amended to read as follows: (e) Residential Uses: 1. Extra occupancy rental houses with five (5) or fewer tenants. Section 31. That Section 4.14(B)(2)(a)5 of the Land Use Code is hereby amended to read as follows: 14 (a) Residential Uses: 5. Extra occupancy rental houses with more than five (5) tenants. Section 32. That Section 4.15(B)(1)(a) of the Land Use Code is hereby amended to read as follows: (a) Accessory/Miscellaneous Uses: Section33. That Section 4.15(B)(1)(e) of the Land Use Code is hereby amended to read as follows: (e) Residential Uses: 1. Extra occupancy rental houses with five (5) or fewer tenants. Section 34. That Section 4.15(B)(2)(a)6 of the land Use code is hereby amended to read as follows: (a) Residential Uses: 6. Extra occupancy rental houses with more than five (5) tenants. Section 35. That Section 4.16(B)(1)(e) of the Land Use Code is hereby amended to read as follows: (e) Residential Uses: 1. Extra occupancy rental houses with five (5) or fewer tenants. Section 36. That Section 4.16(B)(2)(a)6 of the Land Use Code is hereby amended to read as follows: (a) Residential Uses: 15 6. Extra occupancy rental houses with more than five (5) tenants. Section 37. That Section 4.16(B)(3)(b) of the Land Use Code is hereby amended by the addition of a new subparagraph 3 which reads in its entirety as follows: 3. Wildlife rescue and education centers. Section 38. That Section 4.17(B)(1)(e) of the Land Use Code is hereby amended to read as follows: (e) Residential Uses: 1. Extra occupancy rental houses with five (5) or fewer tenants. Section 39. That Section 4.17(B)(2)(a)5 of the Land Use Code is hereby amended to read as follows: (a) Residential Uses: 5. Extra occupancy rental houses with more than five (5) tenants. Section40. That Section 4.18(B)(1)(e) of the Land Use Code is hereby amended to read as follows: (e) Residential Uses: 1. Extra occupancy rental houses with five (5) or fewer tenants. Section 41. That Section 4.18(B)(2)(a)6 of the Land Use Code is hereby amended to read as follows: (a) Residential Uses: 6. Extra occupancy rental houses with more than five (5) tenants.* Section42. That Section 4.19(B)(1)(e) of the Land Use Code is hereby amended to read as follows: (e) Residential Uses: 16 1. Extra occupancy rental houses with five (5) or fewer tenants. Section 43. That Section 4.19(B)(2)(a)5 of the Land Use Code is hereby amended to read as follows: (a) Residential Uses: 5. Extra occupancy rental houses with more than five (5) tenants. Section44. That Section 4.20(B)(1)(a)5 of the Land Use Code is hereby amended to read as follows: (a) Residential Uses: 5. Extra occupancy rental houses with five (5) or fewer tenants. Section45. That Section 4.22(B)(1)(e) of the Land Use Code is hereby amended to read as follows: (e) Residential Uses: 1. Extra occupancy rental houses with five (5) or fewer tenants. Section 46. That Section 4.22(B)(2)(a)2 of the Land Use Code is hereby amended to read as follows: (a) Residential Uses: 2. Extra occupancy rental houses with more than five (5) tenants. Section47. That Section 4.23(B)(1)(e) of the Land Use Code is hereby amended to read as follows: (e) Residential Uses: 1. Extra occupancy rental houses with five (5) or fewer tenants. 17 Section 48. That Section 4.23(B)(2)(a) of the Land Use Code is hereby amended to read as follows: (a) Residential Uses: 2. Extra occupancy rental houses with more than five (5) tenants. Section 49. That Section 4.23(B)(3)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph 6 which reads in its entirety as follows: 6. Wildlife rescue and education centers. Section 50. That the definition of"Boarding and rooming house" contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Extra occupancy rental house shall mean a building or portion of which is used to accommodate, for compensation, four (4) or more tenants, boarders or roomers, not including members of the occupant's immediate family who might be occupying such building. The word compensation shall include compensation in money, services or other things of value. Section 51. That the definition of "Child care center" contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Child care center shall mean a facility, by whatever name known, which is maintained for the whole or part of a day for the care of seven (7) or more children under the age of sixteen (16) years who are not related to the owner, operator or manager, whether such facility is operated with or without compensation for such care and with or without stated educational purposes, except that a child care center shall not include any of the following three (3) types of family care homes as defined by the State of Colorado: family child care home, infant/toddler home or experienced family child care provider home. The term includes, but is not limited to, facilities commonly known as day care centers, day nurseries, nursery schools, preschools, play groups, day camps, summer camps, large child care homes as defined by the State of Colorado, centers for developmentally disabled children and those facilities which give twenty-four-hour-per-day care for dependent and neglected children. Child care centers are also those facilities for children under the age of six (6) years with stated educational purposes which are operated in conjunction with a public, private or parochial college or a private or parochial school, except that the term shall not apply to a kindergarten maintained in connection with a public, private or parochial elementary school system of at least six (6) grades. Section 52. That the definition of"Restaurant,fast food" contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: 18 Restaurant,fast food shall mean any establishment in which the principal business is the sale of food and beverages to the customer in a ready-to-consume state, and in which the design or principal method of operation includes all of the following characteristics: (1) food and beverages are usually served in edible containers or in paper, plastic or other disposable containers; and (2) there is no drive-in facility as a part of the establishment. Section 53. That the definition of"Restaurant, limited mixed-use" contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Restaurant, limited mixed-use shall mean any establishment in which the principal business is the sale of food and beverages to the customer in a ready-to-consume state, and in which the design or principal method of operation includes all of the following characteristics: (1) food and beverages are usually served in edible containers or in paper, plastic or other disposable containers; (2) there is no drive-in or drive-through facility as a part of the establishment; (3) the establishment is contained within or physically abuts a multi- family dwelling; (4) the establishment is clearly subordinate and accessory to a multi- family dwelling; (5) the establishment shall not exceed one thousand five hundred (1,500) feet in gross leasable floor area; (6) the establishment shall not engage in serving alcohol; and (7) the establishment shall not engage in the playing of amplified music. Section 54. That Section 5.1.2 of the Land Use Code is hereby amended a new definition "Wildlife rescue and education centers" which reads in its entirety as follows: Wildlife rescue and education center shall mean a facility that provides shelter services for the rescue and care of injured birds or other wildlife with associated education and research. 19 Introduced, considered favorably on first reading, and ordered published this 6th day of June, A.D. 2006, and to be presented for final passage on the 18th day of July, A.D. 2006. a ATTEST: City Clerk Passed and adopted on final reading on the 18th day of J D. 2006. yor ATTEST: City Clerk 20