HomeMy WebLinkAbout096 - 07/16/2013 - AMENDING THE LAND USE CODE BY THE ADDITION OF PROVISIONS PERTAINING TO URBAN AGRICULTURE ORDINANCE NO. 096, 2013
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE LAND USE CODE BY THE ADDITION OF
PROVISIONS PERTAINING TO URBAN AGRICULTURE
WHEREAS, on March 18, 1997, by its adoption of Ordinance No. 051, 1997, the City
Council enacted 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 the City 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, in 2011, the City Council adopted the City Plan "Safety and Wellness
Vision," which contains numerous policies supporting local food production, including Principle
SW3, which directs staff to encourage and support local food production to improve the
availability and accessibility of healthy foods, and to provide other educational, economic, and
social benefits; and
WHEREAS, in furtherance of the Planning and Zoning Board's 2013 Work Program,
which calls for City staff to update the Land Use Code to reflect urban agriculture land uses
currently practiced and desired to be practiced in the City, City staff has proposed certain Land
Use Code changes to allow for these practices while also ensuring that neighborhood
compatibility is achieved; and ^
WHEREAS, City staff has vetted these proposed changes through focus groups with
local farmers, interested citizens, and homeowners association representatives, and through a
project website, an online survey and a public open house; and
WHEREAS, City staff and the Planning and Zoning Board have reviewed the proposed
Land Use Code changes regarding urban agriculture and have recommended to the City Council
that they be adopted; and
WHEREAS, the City Council has determined that the recommended Land Use Code
amendments 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 as follows:
Section 1. That Division 3.8 of the Land Use Code is hereby amended by the
addition of a new subsection 3.8.31 which reads in its entirety as follows:
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3.8.31 Urban Agriculture
(A) Applicability. These standards apply to all urban agriculture land uses, except
those urban agriculture land uses that are approved as a part of a site-specific
development plan.
(B) Purpose. The intent of these urban agriculture supplementary regulations is to
allow for a range of urban agricultural activities at a level and intensity that is
compatible with the City's neighborhoods.
(C) Standards.
(1) License required. Urban agriculture land uses shall be permitted only after
the owner or applicant for the proposed use has obtained an urban
agriculture license from the City. The fee for such a license shall be the
fee established in the Development Review Fee Schedule. If active
operations have not been carried on for a period of twenty-four (24)
consecutive months, the license shall be deemed to have been abandoned
regardless of intent to resume active operations. The Director may revoke
any urban agriculture license issued by the City if the holder of such
license is in violation of any of the provisions contained in Subsection (2)
below, provided that the holder of the license shall be entitled to the
administrative review of any such revocation under the provisions
contained in Chapter 2, Article VI of the City Code.
(2) General Standards. Urban agriculture shall be allowed as a permitted use,
provided that all of the following conditions are met:
(a) Mechanized Equipment. All mechanized equipment used in the
urban agriculture land use must be in compliance with Chapter 20,
Article II of the City Code regarding noise levels.
(b) Parking. Urban agriculture land uses shall provide additional off-
street vehicular and bicycle parking areas adequate to
accommodate parking demands created by the use.
(c) Chemicals and Fertilizers. Synthetic pesticides or herbicides may
be applied only in accordance with state and federal regulations.
All chemicals shall be stored in an enclosed, locked structure when
the site is unattended. No synthetic pesticides or herbicides maybe
applied within a Natural Habitat Buffer Zone.'
(d) Trash/compost. Trash and compost receptacles shall be screened
from adjacent properties by utilizing landscaping, fencing or
storage within structures and all trash shall be removed from the
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site weekly. Compost piles and containers shall be set back at least
ten (10) feet from any property line when urban agriculture abuts a
residential land use.
(e) Maintenance. All urban agriculture land uses shall be maintained
in an orderly manner, including necessary watering, pruning, pest
control and removal of dead or diseased plant materials and shall
be maintained in compliance with the provisions of Chapter 20 of
the Municipal Code.
(f) Water conservation and conveyance. To the extent reasonably
feasible, the use of sprinkler irrigation between the hours of 10:00
a.m, and 6:00 p.m. shall be minimized. Drip irrigation or watering
by hand may be done at any time. The site must be designed and
maintained so that any water runoff is conveyed off-site into a city
right-of-way or drainage system without adversely affecting
downstream property.
(g) Identification/contact information. A clearly visible sign shall be
posted near the public right-of-way adjacent to all urban
agriculture land uses, which sign shall contain the name and
contact information of the manager or coordinator of the
agricultural land use. If a synthetic pesticide or herbicide is used in
connection with such use, the sign shall also include the name of
the chemical and the frequency of application. The contact
information for the manager or coordinator shall be kept on file
with the City. All urban agriculture signs must comport with
Section 3.9.7 of this Land Use Code.
(h) If produce from an urban agriculture land use is proposed to be
distributed throughout the City, the applicant must provide a list of
proposed Food Membership Distribution Sites in the application.
(i) Floodplains. If urban agriculture is proposed within a floodplain,
then a Floodplain Use Permit is required in accordance with
Chapter 14 of the Municipal Code.
(j) Additional Impact Mitigation. Measures such as landscaping,
fencing, or setbacks to mitigate potential visual, noise, or odor
impacts on adjoining property may be required by the Director.
There shall be no offensive noise, vibration, smoke, dust, odors,
heat or glare noticeable at or beyond the property line of the parcel
where the urban agriculture land use is conducted. Where an urban
agriculture land use abuts a residential use, there shall be a
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minimum setback of five (5) feet between the operation and the
property line.
(3) Notice. At the time of an initial application for an urban agriculture land
use within a residential zone (N-C-L, N-C-M, U-E, R-F, R-L, L-M-N, M-
M-N, H-M-N, N-C-B, R-C and P-O-L) or if the urban agriculture land use
exceeds 0.5 acres in size, the Director shall determine whether the
proposed urban agriculture land use presents a significant impact on the
affected neighborhood, and if so, the Director shall schedule a
neighborhood meeting and provide mailed and posted notice for such
meeting. Such notice and neighborhood meeting shall be conducted in
accordance with Sections 2.2.2 and 2.2.6 of this Land Use Code.
Section 2. That Section 4;1(13)(1)(a) and 4.1(13)(1)(b) of the Land Use Code is hereby
amended to read as follows:
DIVISION 4.1 RURAL LANDS DISTRICT(R-U-L)
(a) Accessory/Miscellaneous Uses:
1. Accessory buildings.
2. Accessory uses.
3. Farm animals.
4. Urban agriculture.
Section 3. That Section 4.2(B)(1)(a) of the Land Use Code is hereby amended to read
as follows:
DIVISION 4.2 URBAN ESTATE DISTRICT(U-E)
(a) Accessory/Miscellaneous Uses:
1. Accessory buildings.
2. Accessory uses.
3. Farm animals.
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4. Urban agriculture.
Section 4. That Section 4.3(B)(1)(a) of the Land Use Code is hereby amended to read
as follows:
DIVISION 4.3 RESIDENTIAL FOOTHILLS DISTRICT (R-F)
(a) Accessory/Miscellaneous Uses:
1. Accessory buildings.
2. Accessory uses.
3. Urban agriculture.
Section 5.. That Section 4.4(B)(1)(b) of the Land Use Code is hereby amended to
read as follows:
DIVISION 4.4 LOW DENSITY RESIDENTIAL DISTRICT(R-L)
(b) Accessory/Miscellaneous Uses:
1. Accessory buildings.
2. Accessory uses.
3. Urban agriculture.
Section 6. That Section 4.5(B)(1)(a) of the Land Use Code is hereby amended to read
as follows:
DrvtsioN 4.5 LOW DENSITY MIXED-USE NEIGHBORHOOD DISTRICT(L-M-N)
(a) Accessory/Miscellaneous Uses:
1. Accessory buildings.
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2. Accessory uses.
3. Urban agriculture
Section 7. That Section 4.5(B)(2)(c)3 of the Land Use Code is hereby amended to
read as follows:
DIVISION 4.5 Low DENSITY MIXED-USE NEIGHBORHOOD DISTRICT(L-M-N)
3. Neighborhood centers consisting of at least two (2) of the
following uses: mixed-use dwelling units; retail stores;
convenience retail stores; personal and business service shops;
small animal veterinary facilities; offices, financial services and
clinics; community facilities; neighborhood support/ recreation
facilities; schools; child care centers; open-air farmers markets;
and places of worship or assembly.
Section 8. That Section 4.6(B)(1)(a) of the Land Use Code is hereby amended to read
as follows:
DIVISION 4.6 MEDIUM DENSITY MIXED-USE NEIGHBORHOOD DISTRICT(M-M-N)
(a) Accessory/Miscellaneous Uses:
1. Accessory buildings.
2. Accessory uses.
3. Urban agriculture.
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Section 9. That Section 4.6(B)(2)(c) of the Land Use Code is hereby amended by the
addition of a new subsection 7 which reads in its entirety as follows:
DIVISION 4.6 MEDIUM DENSITY MIXED-USE NEIGHBORHOOD DISTRICT
(M-M-N)
7. Open-air farmers markets, if located within a park, central feature
or gathering place.
Section 10. That Section 4.7(B)(1)(b) of the Land Use Code is hereby amended to
read as follows:
Division 4.7 NEIGHBORHOOD CONSERVATION, LOW DENSITY DISTRICT
(N C-L)
(b) Accessory/Miscellaneous Uses:
1. Accessory buildings, provided that they contain no
habitable space.
2. Accessory buildings containing habitable space.
3. Accessory uses.
4. Urban agriculture.
Section 11. That Section 4.8(B)(1)(d) of the Land Use Code is hereby amended to
read as follows:
DIVISION 4.8 NEIGHBORHOOD CONSERVATION. MEDIUM DENSITY DISTRICT
N( C-M)
(b) Accessory/Miscellaneous Uses:
1. Accessory buildings, provided that they contain no
habitable space.
2. Accessory buildings containing habitable space.
3. Accessory uses.
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4. Urban agriculture.
Section 12. That Section 4.9(B)(1)(d) of the Land Use Code is hereby amended to
read as follows:
DIVISION 4.9 NEIGHBORHOOD CONSERVATION.BUFFER DISTRICT(N-C-B)
(b) Accessory/Miseellanebus Uses:
1."Accessory buildings, provided that they contain no
habitable space.
2. Accessory buildings containing habitable space.
3. Accessory uses.
4. Urban agriculture.
Section 13. That Section 4.10(B)(1)(a) of the Land Use Code is hereby amended to
read as follows:
DIVISION 4.10 HIGH DENSITY MIXED-USE NEIGHBORHOOD DISTRICT(H-M-N)
(b) Accessory/Miscellaneous Uses:
1. Accessory buildings
2. Urban agriculture.
Section 14. That Section 4.10(B)(2)(c) of the Land Use Code is hereby amended by
the addition of a new subsection 8 which reads in its entirety as follows:
DIVISION 4.10 HIGH DENSITY MIXED-USE NEIGHBORHOOD DISTRICT (H-M-N)
8. Open-air farmers markets.
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Section 15. That Section 4.13(B)(1)(a) of the Land Use Code is hereby amended to
read as follows:
DIVISION 4.13 PUBLIC OPEN LANDS DISTRICT(P-O-L)
(a) Accessory/Miscellaneous Uses:
1. Accessory buildings.
2. Accessory uses.
3. Urban agriculture.
Section 16. That Section 4.14(B)(1)(a) and 4.14(B)(2)(d) of the Land Use Code is
hereby amended to read as follows:
DIVISION 4.14 RIVER CONSERVATION DISTRICT (R-C)
(a) Accessory/Miscellaneous Uses:
1. Accessory buildings..
2. Accessory uses.
3. Urban agriculture.
(2) The following uses are permitted in the R-C District subject to
administrative review:
(d) Accessory/Miscellaneous Uses:
1. Farm animals.
Section 17. That Section 4.16(B)(1) of the Land Use Code is hereby amended to read
as follows:
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DIVISION 4.16 DOWNTOWN (D)
(B)Permitted Uses.
(1) The following uses are permitted in the D District subject to basic
development review:
(a) Accessory/Miscellaneous Uses:
1. Urban agriculture.
(b) Any use authorized pursuant to a site specific development plan
that was processed and approved either in compliance with the
Zoning Code in effect on March 27, 1997, or in compliance with
this Land Use Code (other than a final subdivision plat, or minor
subdivision plat, approved pursuant to Section 29-643 or 29-644 of
prior law, for any nonresidential development or any multi-family
dwelling containing more than four [4] dwelling units), provided
that such use shall be subject to all of the use and density
requirements and conditions of said site specific development plan.
(c) Any use which is not hereafter listed as a permitted use in this
zone district but which was permitted for a specific parcel of
property pursuant to the zone district regulations in effect for such
parcel on March 27, 1997; and which physically existed upon such
parcel on March 27, 1997; provided, however, that such existing
use shall constitute a permitted use only on such parcel of property.
Section 18. That Section 4.17(B)(1)(a) of the Land Use Code is hereby amended to
read as follows:
DIVISION 4.17 RIVER DOWNTOWN REDEVELOPMENT DISTRICT (R-D-R)
(a) Accessory/Miscellaneous Uses:
1. Accessory buildings.
2. Accessory uses.
3. Outdoor vendor.
4. Urban agriculture.
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Section 19. That Section 4.18(B)(1)(a) of the Land Use Code is hereby amended to
read as follows:
DIVISION 4.18 COMMUNITY COMMERCIAL DISTRICT (C-C)
(a) Accessory/Miscellaneous Uses:
1. Accessory buildings.
2. Accessory uses.
3. Outdoor vendor.
4. Urban agriculture.
Section 20. That Section 4.19(B)(1)(a) of the Land Use Code is hereby amended to
read as follows:
DIVISION 4.19 COMMUNITY COMMERCIAL—NORTH COLLEGE DISTRICT (C-C-N)
(a) Accessory/Miscellaneous Uses:
1. Accessory buildings.
2. Accessory uses.
3. Outdoor vendor.
4. Urban agriculture.
Section 21. That Section 4.20(B)(1)(a) of the Land Use Code is hereby amended to
read as follows:
DIVISION 4.20 COMMUNITY COMMERCIAL—POUDRE RIVER DISTRICT (C-C-RI
(a) Accessory/Miscellaneous Uses:
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1. Accessory buildings.
2. Accessory uses.
3. Outdoor vendor.
4. Urban agriculture.
Section 22. That Section 4.21(B)(1) of the Land Use Code is hereby amended to read
as follows:
DIVISION 4.21 GENERAL COMMERCIAL(C-G)
(1) The following uses are permitted in the C-G District, subject to basic
development review, provided that such uses are located on lots that are
part of an approved site-specific development plan:
(a) Accessory/Miscellaneous Uses:
1. Urban agriculture.
(b) Any use authorized pursuant to a site specific development
plan that was processed and approved either in compliance with
the Zoning Code in effect on March 27, 1997, or in compliance
with this Code (other than a final subdivision plat, or minor
subdivision plat, approved pursuant to Section 29-643 or 29-644 of
prior law, for any nonresidential development or any multi-family
dwelling containing more than four [4] dwelling units), provided
that such use shall be subject to all of the use and density
requirements and conditions of said site specific development plan.
(c) Any use which is not hereafter listed as a permitted use in this
zone district but which was permitted for a specific parcel of
property pursuant to the zone district regulations in effect for such
parcel on March 27, 1997; and which physically existed upon such
parcel on March 27, 1997; provided, however, that such existing
use shall constitute a permitted use only on such parcel of property.
Section 23. That Section 4.22(B)(1)(a) of the Land Use Code is hereby amended to
read as follows:
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DIVISION 4.22 SERVICE COMMERCIAL DISTRICT(C-S)
(a) Accessory/Miscellaneous Uses:
1. Accessory buildings.
2. Accessory uses.
3. Outdoor vendor.
4. Urban agriculture.
Section 24. That Section 4.22(B)(1)(a) of the Land Use Code is hereby amended to
read as follows:
DIVISION 4.23 NEIGHBORHOOD DISTRICT (N-Cl
(a) Accessory/Miscellaneous Uses:
1. Accessory buildings.
2. Accessory uses.
3. Outdoor vendor.
4. Urban agriculture.
Section 25. That Section 4.24(B)(1) of the Land Use Code is hereby amended to read
as follows:
DIVISION 4.24 LIMITED COMMERCIAL DISTRICT(C-L)
(1) The following uses are permitted in the C-L District, subject to basic
development review:
(a) Accessory/Miscellaneous Uses:
1. Urban agriculture.
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(b) Any use authorized pursuant to a site specific development
plan that was processed and approved either in compliance with
the Zoning Code in effect on March 27, 1997, or in compliance
with this Code (other than a final subdivision plat, or minor
subdivision plat, approved pursuant to Section 29-643 or 29-644 of
prior law, for any nonresidential development or any multi-family
dwelling containing more than four [4] dwelling units), provided
that such use shall be subject to all of the use and density
requirements and conditions of said site specific development plan.
(c) Any use which is not hereafter listed as a permitted use in this
zone district but which was permitted for a specific parcel of
property pursuant to the zone district regulations in effect for such
parcel on March 27, 1997, and which physically existed upon such
parcel on March 27, 1997; provided, however, that such existing
use shall constitute a permitted use only on such parcel of property.
Section 26. That Section 4.26(B)(1)(a) of the Land Use Code is hereby amended to
read as follows:
DIVISION 4.26 HARMONY CORRIDOR DISTRICT (H-Cl
(a) Accessory/Miscellaneous Uses:
1. Accessory buildings.
2. Accessory uses.
3. Outdoor vendor.
4. Urban agriculture.
Section 27. That Section 4.27(B)(1)(a) of the Land Use Code is hereby amended to
read as follows:
DIVISION 4.27 EMPLOYMENT DISTRICT(E)
(a) Accessory/Miscellaneous Uses:
1. Accessory buildings.
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2. Accessory uses.
3. Outdoor vendor.
4. Urban agriculture.
Section 28. That Section 4.28(B)(1)(a) of the Land Use Code is hereby amended to
read as follows:
DIVISION 4.28 INDUSTRIAL DISTRICT fll
(a) Accessory/Miscellaneous Uses:
1. Accessory buildings.
2. Accessory uses.
3. Outdoor vendor.
4. Urban agriculture.
Section 29. That the definition "Agricultural activity" contained in Section 5.1.2 of the
Land Use Code is hereby deleted in its entirety as follows:
Section 30. That the definition "Development' contained in Section 5.1.2 of the Land
Use Code is hereby amended to read as follows:
(2) Development shall not include:
(d) the use of any land for the purpose of growing plants, crops, trees and
other agricultural or forestry products; for raising or feeding livestock
(other than in feedlots); for other agricultural uses or purposes, or for
the delivery of water by ditch or canal to agricultural uses or purposes,
provided none of the above creates a nuisance, and except that an urban
agriculture license is required in accordance with Section 3.8.31 of this
Land Use Code.
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Section 31. That the definition "Farm animals" contained in Section 5.1.2 of the Land
Use Code is hereby amended to read as follows:
Farm animals shall mean animals commonly raised or kept in an agricultural,
rather than an urban, environment including, but not limited to, chickens, pigs,
sheep, goats, horses, cattle, llamas, emus, ostriches, donkeys and mules; provided,
however, that farm animals shall not include chicken hens; ducks or pygmy or
dwarf goats kept pursuant to Section 4-121 of the City.
Section 32. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of a new definition "Food membership distribution site" which reads in its entirety as
follows:
Food membership distribution site shall mean a site where a producer of
agricultural products delivers them for pick-up by customers who have pre-
purchased an interest in the agricultural products.
Section 33. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of a new definition "Urban agriculture" which reads in its entirety as follows:
Urban agriculture shall mean gardening or fanning involving any kind of lawful
plant, whether for personal consumption, sale, and/or donation, except that the
term urban agriculture does not include the cultivation, storage, and sale of crops,
vegetables, plants and flowers produced on the premises in accordance with
Section 3.8.1 of this Land Use Code. Urban agriculture is a miscellaneous use that
does not include "plant nursery and greenhouse" as a principal use and that is
subject to licensing in accordance with Section 3.8.31 of this Land Use Code.
Introduced, considered favorably on first reading, and ordered published this 2nd day of
July, A.D. 2013, and to be presented for final passage on the 16th day of July, A.D. 2013.
N OF P" Malyor
ATTEST:
City Clerk ko.
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Passed and adopted on final reading on the 16th day of July, A.D. 2013.
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