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HomeMy WebLinkAbout072 - 11/21/1978 - AMENDING CHAPTER 118 OF THE CITY CODE RELATING TO INDUSTRIAL ZONES AND SETTING FORTH CERTAIN PACKING ORDINANCE NO 72 , 1978 BEING AN ORDINANCE AMENDING CHAPTER 118 OF THE CODE OF THE CITY OF FORT COLLINS BEING A PART OF THE ZONING ORDINANCE RELATING TO INDUSTRIAL ZONES AND SETTING FORTH CERTAIN PARKING, LANDSCAPING AND PERFORMANCE STANDARDS THEREFOR BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS Section 1. That Section 118-71 of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows "§118-71 I-L Limited Industrial District This district designation is primarily for light industrial uses A. Uses permitted. 1 Light industrial uses including such uses as the manufacture of electronic instruments, preparation of food products, pharmaceutical manufacturing, research and scientific laboratories, and the like Light industry shall not include uses such as mining and extracting industries, petro-chemical industries, rubber refining, primary metal, and related industries 2 The following described commercial uses, provided that uses (a) through (n) are a part of a unit development plan as defined, processed and approved according to 9118-83 of this chapter, and provided further that uses (o) and (p) are shown on a site plan submitted to and approved by the Director of Planning and Development (a) Automobile repair. (b) Automobile sales (c) Builders' supply yards and lumberyards (d) Offices (e) Parking lots and parking garages (f) Personal service shops (g) veterinarian hospitals (h) Plumbing, electrical and carpenter shops 4 ^ (1) Printing and newspaper shops. (j) Publishing plants (k) Warehouses and enclosed storage (1) Public utility installations (m) Public and private vocational and technical schools. (n) Assembly, packaging or installation of gauges, electric or electronic instruments and similar equipment and devices with enclosed component storage. (o) Recreational uses including activities such as billiard and pool parlors, dance studios, marital arts schools, arts and crafts studios, exercise and health clubs, bowling alleys, tennis, basketball and swimming. (p) Standard and fast-food restaurants. 3 Accessory buildings and uses, including related retail sales uses, when incidental and subordinate to any use permitted in this district B Performance standards All uses allowed in the I-L Limited Industrial District shall conform to the following performance standards The purpose of such standards is to permit potential industrial nuisances to be measured, factually and objectively, to insure that all industries will provide methods to protect the community from hazards and nuisances which can be prevented by processes of control and nuisance elimination; and to protect industries from arbitrary exclusion or persecution based solely on the nuisance production by any particular type of industry in the past. 1. Glare and Beat. Any operation producing intense glare or heat shall be conducted within an enclosed building or with other_ effective screening in such a manner as to make such glare or heat completely imperceptible from any point along the property line 2 Vibration Industrial operations shall cause no inherent and recurring generated vibration perceptible without instruments at any point along the property line (transportation facilities or temporary con- struction are excluded from this restriction) -2- 3 Light. Exterior lighting, except for overhead street lighting and warning, emergency or traffic signals, shall be installed in such a manner that the light source will be sufficiently obscured to prevent glare on public streets and walkways or into any residential area The installation or erection of any lighting which may be confused with warning signals, emergency signal, or traffic signals shall be unlawful. 4. Smoke Emissions a. No person sahll emit or cause to be emitted into the atmosphere, from any air contamination source of emission whatsoever, any air contaminant which is of such a shade or density as to obscure an observer' s vision to a degree in excess of twenty percent (20%) opacity b Exceptions: 1. No person shall emit or cause to be emitted into the atmosphere from any pilot plant and experimental operation any air contaminant for a period or periods aggregating more than three minutes in any 60 consecutive minutes which is of such a shade or density at to obscure an observer's vision to a degree in excess of forty percent (40%) opacity This emission standard for pilot plants and exper- imental operations shall be in effect for a period not to exceed one hundred eighty (180) operating days, cumulative total, from the date such operations commence; thereafter, the twenty percent (20%) opacity limitation provided in subsection a of this section shall apply to emissions from pilot plants and experimental operations. 2 Emissions from fireplaces used for non-commer= cial or recreational purposes shall be exempt from subsection a of this section. 3 Subsection a of this section shall not apply to emissions during the building of a new fire, cleaning of fires, soot blowing, start-up, any process modification or adjustment, or occasional cleaning of control equipment, the shade or appearance of which is not darker than an equiv- alent opacity as to obscure an observer's view to a degree not greater than forty percent (40%) , for a period or periods aggregating no more than three (3) minutes in any one hour. -3- 4. Subsection a of this section shall not apply to fugitive dust c For purposes of this section 4, the following terms shall have the meaning indicated AIR CONTAMINANT Any fume, smoke, particulate matter, vapor, gas, or any combination thereof, but not in- cluding water vapor or steam condensate. AIR CONTAMINATION SOURCE Any source whatsoever, at, from, or by reason of which there is emitted or discharged into the atmosphere any air contaminant. FUGITIVE DUST Solid airborne particulate matter emitted from any source other than an opening which channels the flow or air contaminants and then exhausts the contaminants directly into the atmosphere Fugitive dust also includes solid particles released into the atmosphere by natural forces or by mechanical processes such as crushing, grinding, milling, drilling, demolishing, shoveling, conveying, covering, bagging, sweep- ing, etc OPACITY The degree to which air contaminant emission obscures the view of an observer, expressed in percentage of the obscuration, or in the degree (percent) to which transmittance of light is reduced by an air contaminant emission. 5. Odor Emissions. a No person, wherever located, shall cause or allow the emission of odorous air contaminants from any single source such as to result in detectable odors which are measured in excess of the following limits- 1 For areas used predominantly for residential or commercial purposes it is a violation if odors are detected after the odorous air has been diluted with seven (7) or more volumes of odor free air -4- 2. In all other land use areas, it is a violation if odors are detected after the odorous air has been diluted with fifteen (15) or more volumes of odor free air 3 a. When the source is a manufacturing process or agricultural operation, no violation of subsections 1 and 2 shall be cited by the City, provided that the best practical treatment, maintenance, and control currently available shall be utilized in order to main- tain the lowest possible emission of odorous gases and, where applicable, in determining the best practical control methods, the City shall not require any method which would re- sult in an arbitrary and unreasonable taking of property or in the practical closing of any lawful business or activity, if such would be without corresponding public benefit. b. For all areas it is a violation when odors are detected after the odorous air has been diluted with one hundred twenty-seven (127) or more volumes of odor free #as in which case provisions of section 5`&/(3) (a) herein shall not be applicable 6 Particle Emission. No particles of fly ash shall exceed two-tenths grain per cubic foot of flue gas at a stack temperature of five hundred degrees Fahrenheit (500oF.) . 7 Noise Restrictions Any use shall be conducted so that noise generated from such use is controlled at its source or so attenuated by the structure from which it radiates that when measured in the indicated zones, it shall not exceed the measured values shown in Table I below. It shall also be controlled in such a way that it does not become ob)ectionable outside its pro- perty lines due to its periodic, impulsive or frequency spectrum characteristics. Table I Land Use Noise-Emission Limits. Zone In Which Sound Measured Maximum Allowable Sound Level (dBA) A 60 Daytime 6AM-6PM) 50 (Nighttime.6PM-6AM) B 65 C 70 -5- i Legend for Zones A = R-E, Estate Residential District R-L, Low Density Residential District R-L-P, Low Density Planned Residential District R-L-M, Low Density Multiple-Family District R-M, Medium Density Residential District R-H, High Density Residential District R-P, Planned Residential District R-M-P, Medium Density Planned Residential District M-L, Low Density Mobile Home District M-M, Medium Density Mobile Home District B = B-P, Planned Business District B-L, Limited Business District H-B, Highway Business District B-G, General Business District C, Commercial District I-L, Limited Industrial District I-P, Industrial Park District C = I-G, General Industrial District Notwithstanding the foregoing requirements, noise levels may be .increased in special situations as set forth in Table II below Table II. Noise-Level Corrections Permitted for Special Situations * Type of Operation or Correction in Character of Noise dBA Noise source operates less than 15 minutes of any one-hour period +5 Noise source operates less than 5 minutes of any one-hour period +10 Noise source operates less than 1 minute of any one-hour period +15 Noise of repetitive, impulsive character (hammering, etc.) -5 Noise of periodic or cyclically-varying nature -5 Apply one correction only -6- i Noise measurements shall be made at property boundaries with a sound level meter which meets the specifications established by the American National Standards Institute, Standard 51.4, 1971 C. Limitations on Use. Any use in this district shall con- form to the requirements hereinafter set forth unless the property is developed and used in accordance with a unit development plan defined, processed and approved in accordance with the provisions of §118=83 of this chapter. D. Minimum area of lot. Minimum lot area shall be the equivalent of two (2) times the total floor area of the building, but in no event shall such area be less than twenty thousand (20,000) square feet. E. Minimum width of lot. Minimum lot width shall be one hundred (100) feet. F. Minimum yard. Minimum yard width shall be thirty (30) feet from any adjoining street, or zoning district line. Where a zoning district line adjoins a railroad right- of-way, this minimum yard width shall not be required on the adjoining rail right-of-way line. G. Parking requirements 1 Off-street parking shall be provided as follows: (a) One and one-half (1h) off-street parking spaces for every two employees on any one shift for storage, warehousing, distribution and wholesale uses. (b) One and one-half (1h) off-street parking spaces for every two employees on any one shift for manufacturing, experimental or testing laboratories and similar uses (c) One (1) off-street parking space for each four hundred fifty (450) square feet of floor area actually used for commercial pur- poses other than office or related retail sales uses. (d) One (1) off-street parking space for each two hundred (200) square feet of floor area actually used for office purposes or related retail sales. All parking lots shall have at least five percent (5%) of their interior area devoted to landscaping. -7- H. Landscaping along arterial streets. A fifty (50) foot landscaped buffer strip shall be required along all arterial and collector streets. " Section 2. That Section 118-72 of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows- "B. Performance standards Every use permitted in the I-G, General Industrial District shall conform to the per- formance standards required for the I-L, Limited Industrial District as set forth in §118-71B. " Section 3. That Section 118-73 of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows. "§118-73. I-P Industrial Park District. This district designation is for light industrial park areas containing controlled industrial uses The industrial park zone is designed for industrial uses in proximity to areas zoned for residential use and along arterial streets The uses permitted shall be those uses set forth in 0118-71A A Performance standards. All uses in this district shall conform to the performance standards required for the I-L, Limited Industrial District, set forth in §118-71B. B. Limitations on use Any use in this district shall con- form to the requirements hereinafter set forth unless the property is developed and used in accordance with a unit development plan defined, processed and approved in accordance with the provisions of 0118-83 of this chapter. 1. Landscape Requirements. (al Screening. Generally an eighty L801 foot land- scaped buffer strap shall be recommended along any and all residential district boundary lines abutting property in this district provided that variations from the standards herein set forth may be permitted if the City Arborist and Director of Planning and Development find that such variat3.on(s1 provide an equal amount of effective screening. Normally, the buffer strip shall consist of a continuous evergreen screen with a minimum height of six (6) feet, planted in three (31 rows with trees twenty (20) feet on center. If the zoning district line is on a street right-of-way, the requirement for a buffer strip shall be reduced to at least fifty (50) feet and such -8- buffer strip shall consist of a continuous ever- green screen a minimum of six (6) feet in height in two (2) rows with trees twenty (20) feet on center. (b) Landscaping along arterial streets. A fifty (50) foot landscape buffer strip shall be required along all arterial or collector streets (c) Design standards. Where landscaping is required, a plan shall be submitted and approved by the Director of Planning and Development and the City Arborist The plan shall provide an ample quantity and variety of ornamental plant species which are regarded as suitable for this climate. Landscape treatment must be balanced with both evergreen and deciduous plant material with sufficient use of upright species for vertical control Landscape treatment may include natural rock arrangements Plant material selections will be reviewed for adaptability to physical conditions indicated by site plan locations (d) Irrigation Permanent underground water facilities for irrigation purposes shall be provided for all landscape areas except in those areas in which dry landscaping has been used (e) Maintenance. Required landscaping shall be main- tained in a neat, clean and healthy condition. This maintenance shall include proper pruning, mowing of lawn areas, weeding, removal of litter, fertilizing, replacement of plants when necessary and regular watering of all landscaped areas. 2 Maximum building height No building in this zoning district including any fixtures thereto shall exceed a height above grade of fifty (50) feet I 3 Lot requirements The following areaiminimum require- ments with regard to the size of lots and setbacks for property in this district (a) Lot area The minimum lot area shall be the equivalent of two (2) times the total floor area of the building but in no event less than twenty thousand (20,000) square feet. No more than fifty percent (50%) of any lot shall be covered with building structures (b) width of lot The minimum lot width shall be one hundred (100) feet. -9- (c) Front yard. Minimum distance of any building from the front property line shall be fifty (50) feet A minimum of twenty-five (25) feet in the front yard adjacent to any street right-of-way shall be used for no purpose other than required landscaping and ingress and egress. No fences shall be erected within this twenty-five (25) foot area. (d) Side yard Minimum distance of any building from the side property line shall be thirty (30) feet. In cases where the side yards are used for storage, loading, or parking facilities, they shall be screened from the view of public rights- of-way in residential areas. Where a zoning district line joins a rail right-of-way, this side yard minimum distance shall not be required (e) Rear yard minimum distance from rear lot line to building shall be twenty (20) feet. In cases where the rear yards are used for storage, loading, or parking facilities, they shall be screened from the view of public rights-of-way in residential area Where a zoning district line joins a rail right-of-way, this side yard minimum distance shall not be required 4 Parking requirements (a) Off-street parking shall be provided as follows. 1 One and one-half (1;s) off-street parking spaces for every two employees on any one shift for storage, warehousing, distribution, and wholesale uses 2 One and one-half (1'h) off-street parking spaces for every two employees on any one shift for manufacturing, experimental or testing laboratories and similar uses. 3 One (1) off-street parking space for each four hundred fifty (450) square feet of floor area actually used for commercial purposes other than office or related retail sales uses. 4 One (1) off-street parking space for each two hundred (200) square feet of floor area actually used for office purposes or related retail sales (b) All parking lots shall have at least five percent (5%) of their interior area devoted to landscaping -10- 5 Loading area requirements (a) For all uses except office uses, off-street loading areas shall be provided as follows- 1 One (1) off-street loading space for ten thousand (10,000) to twenty thousand (20,000) square feet of building area served plus one (1) additional off-street loading space for each additional twenty thousand (20,000) square feet of building area served or fraction thereof beyond the initial twenty thousand (20,000) square feet (b) Outside storage and trash area. Materials stored outside shall be enclosed and concealed Materials stored shall not be visible above the height of the fence Outside storage areas shall not be located in front of the required front setback line. 6 Enclosure required. All manufacturing and similar uses shall be carried on entirely within a completely enclosed structure " Section 4 . That Section 118-23 of the Code of the City of Fort Collins be, and the same hereby is, amended by adding thereto an additional subsection H as follows "H Enforcement of performance standards in industrial zones. 1 A determination as to violation of required perfor- mance standards set forth in the industrial zones shall be made by the Chief Building Inspector or his authorized representative and any such determi- nation shall be so made before notice of violation is issued. 2. If in the considered judgment of the Chief Building Inspector there is a violation of performance standards set forth in the industrial zones, the following pro- cedures shall be followed: (a) The Chief Building Inspector shall give written notice by personal service or by registered or certified mail, return receipt requested, to the person or persons responsible for the alleged violation. Such notice shall indicate the par- ticulars of the alleged violation and the reasons why the Chief Building Inspector considers there is a violation in fact, and shall require an answer or correction of the alleged violation to the satisfaction of the Chief Building Inspector with- in a time limit of not less than ten (10) days as -11- set forth in the notice The notice shall state, and it is hereby declared, that failure to reply or to correct the alleged violation to the satis- faction of the Chief Building Inspector within the time Haut as set in said notice constitutes admission of violation of terms of this ordinance (b) If, within the time limit set, there is no reply but the alleged violation is corrected to the satisfaction of the Chief Building Inspector, a 'Violation Corrected' shall be noted on the Chief Building Inspector's copy of the notice and shall be retained among the records, but no further action shall be taken on account of the corrected violation (c) If there is no reply within the time limit set, and the alleged violation is not corrected to the satisfaction of the Chief Building Inspector within the specified time limit, the Chief Building Inspector shall proceed to take or cause to be taken such action as warranted by continuation of a violation after notice to cease (d) If reply is received within the specified time limit indicating that the alleged violation will be corrected to the satisfaction of the Chief Building Inspector, but that more time will be required than was granted by the original notice, the Chief Building Inspector may grant an extension of tune if such extension is deemed justified in the circumstances of the case, and if such extension will not cause substantial peril to life, health or property In action on requests for extension of time, the Chief Building In- spector shall in writing state specific reasons for granting or refusing to grant such extension. 3. In the event that another public agency has taken action regarding a violation of one or more of the performance standards set forth in this chapter and such action has resulted in a final judgment on the merits, the City shall not proceed with an investi- gation of the same subject matter, or, if an in- vestigation has been completed, shall not seek a final judgment on the matter." Introduced, considered favorably on first reading, and ordered published this 17th day of October , A 1478, and to be presented for final passage on the 21st d o£ November A.D 1978. ATTEST Mayo \\ Y- �,�j,.�yCity Clerk � • u - Passed and adopted on final reading this 21st day of November, A.D 1978 A Mayo ATTEST. Pik Cit lerk - _ - -- -13-