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HomeMy WebLinkAbout057 - 07/17/2012 - MAKING VARIOUS AMENDMENTS TO THE CITY OF FORT COLLINS LAND USE CODE RELATING TO OUTDOOR VENDORS ORDINANCE NO. 057, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING VARIOUS AMENDMENTS TO THE CITY OF FORT COLLINS LAND USE CODE RELATING TO OUTDOOR VENDORS 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,the Council is considering on this same date Ordinance No. 058,2012,enacting amendments to City Code Chapter 15 to establish new and updated licensing requirements for outdoor vendors in Fort Collins; and WHEREAS, in connection with those amendments, City staff has identified and recommended certain modifications to the Land Use Code in order to establish outdoor vendors as a permitted use in certain zone districts and to set basic development requirements associated with such uses; and WHEREAS,the Planning and Zoning Board has reviewed the Land Use Code and identified and explored various issues related to the Land Use Code and has made recommendations to the Council regarding such issues; 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 Section 3.8 of the Land Use Code is hereby amended by the addition of a new subsection 3.8.29 which reads in its entirety as follows: 3.8.29 Outdoor Vendor Regulations (A) Outdoor vendors shall be prohibited on undeveloped lots. (B) Outdoor vendors shall be considered as accessory uses in the zone districts in which they are permitted, provided they are on lots that contain a principal building wherein active operations are being conducted. Outdoor vendors that qualify as accessory uses shall not be subject to change-of-use 1 regulations which would otherwise require the properties on which they are located to be brought into compliance with the standards of this code. (C) Outdoor vendors located on lots wherein active operations in the principal building have ceased shall be considered principal uses and shall be subject to change-of-use regulations requiring that the properties upon which they are located be brought into compliance with the applicable standards of this code. (D) Signage for outdoor vendors shall be limited to signs placed directly onto the vehicle or cart used in connection with the business. (E) Outdoor vendors shall comply with all outdoor vendor regulations and standards contained in Chapter 15 of the Municipal Code of the City of Fort Collins. (F) An outdoor vendor shall be situated on a lot in such a manner that no aspect of its operation shall impede vehicular, pedestrian, or bicycle circulation. Section 2. That the table contained in Section 4.16(B)(2)(E) of the Land Use Code is hereby amended to read as follows: E. ACCESSORY—MISC. Old City Canyon Civic Center Avenue Center Accessory buildings BDR BDR BDR Accessory uses BDR BDR BDR Outdoor Vendor BDR BDR BDR Section 3. That Section 4.17(B)(1)(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. Outdoor vendor. 2 Section 4. That Section 4.18(B)(1)(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. Outdoor vendor. Section 5. That Section 4.19(B)(1)(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. Outdoor vendor. Section 6. That Section 4.20(B)(1)(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. Outdoor vendor. Section 7. That the table contained in Section 4.21(B)(2)(E) of the Land Use Code is hereby amended to read as follows: E. ACCESSORY — MISC. 1-251SH 392 General Commercial (CAC) District (C-G) Wireless telecommunication equipment (not freestanding monopoles) Type 2 Type 1 Wireless telecommunication facilities Not permitted Type 1 Satellite dish antennas greater than 39" in diameter Not permitted Type 1 Accessory buildings BDR BDR Accessory uses BDR BDR Outdoor vendor BDR BDR Section 8. That Section 4.22(B)(1)(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. Outdoor vendor. 3 Section 9. That Section 4.23(B)(1)(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. Outdoor vendor. Section 10. That.the table contained in Section 4.24(B)(2)(E) of the Land Use Code is hereby amended to read as follows: E. ACCESSORY -`MISC. Riverside All Other Area Areas Wireless telecommunication equipment Type 1 Type I Wireless telecommunication facilities Type 1 Type 1 Satellite dish antennas greater than thirty-nine (30) inches in diameter BDR BDR Outdoor vendor BDR BDR Section 11. That Section 4.26(B)(1)(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. Outdoor vendor. Section 12. That Section 4.27(B)(1)(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. Outdoor vendor. Section 13. That Section 4.28(B)(1)(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. Outdoor vendor. Section 14. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition "Outdoor vendor" which reads in its entirety as follows: 4 Outdoor vendor shall mean any person, whether as owner, agent, consignee or employee,who sells or attempts to sell,or who offers to the public free of charge,any services, goods, wares or merchandise including,but not limited to,food or beverage, from any outdoor location,except for those activities excluded from the definition of Outdoor vendor in §15-381 of the City Code. Introduced,considered favorably on first reading,and ordered published this 5th day of June,A.D. 2012,and to be presented for final passage on the 17th day of July,A.D. 2012. 0 CO����G May r ,s U; Cl��t� 'C • • RP and adopted on final reading on the 17th day of July, A.D. 2012. yor L ATTEST: �p FORTc //// ��JJ ��//�� // \'fir• •.�� t�t/�(GfJti/ � ••`Z City Clerk L COG OR A00 5