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HomeMy WebLinkAbout914 S COLLEGE AVE - CORRESPONDENCE - 5/23/1996Community Planning and Environmental Services Building Permits and Inspection Division City of Fort Collins May 23, 1996 Scott Friedt First American Title Company 1000 Centre Avenue Fort Collins, CO 80526 Dear Scott: RE: Zoning Affidavit, University Motor Inn, P.U.D., 914 South College Avenue, Parcel Numbers 97132-29-004, 015, 019, 021, and 022 The above referenced property is zoned B-P or Business Planned. This district permits uses consistent in the Residential Medium (R-M) district or "any land use located on a Planned Unit Development plan (PUD) as defined, processed and approved according to Sec. 29-526." (Sec. 29- 287 (2]). This property was approved as a PUD in 1972 and its approved use as a motel at this location is based on the approved PUD. I trust that this information satisfies your needs. I apologize for the delay in this information reaching you. If you need additional information, or have any questions, feel free to contact me at 221-6760. Sincerely, Gary Lopez Zoning Inspector 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6760 See.29-627 Variances Sec. 29-628 Submittal and hearing schedule for subdivisions Div.2 Plat Approval Procedure Sec. 29-641 Conceptual review Sea 29-642 Preliminary plat review Sea 29-M Final plat review Sec. 29-644 Minor subdivisions Diu. 3 Design Standards Sec. 29-656 Site considerations Sea 29-657 Streets, alleys and easements Sec. 29-658 Lots and blocks Sec. 29-659 Public sites, reservations and dedications Diu. 4 Improvements Sec. 29-676 Approval of Director of Engineering Sea 29.677 Development agreement Sec. 29-678 Required improvements prior to issuance of building permit Sea 29-679 Required improvements prior to issuance of certificate of occupancy Sec. 29-680 City participation in certain street improvements Supp. No. 38 1978.5 [The next page is 1979] No Text ZONING. ANNEXATION AND DEVELOPMENT OF LAND ARTICLE I. IN GENERAL Sec.29-1. Definitions. The following words, terms and phrases, when used in this Chapter, shall have the meanings as- cribed to them in this Section: Rules of construction. (1) The particular controls the general; (2) In case of any difference of meaning or im- plication between the text of this Chapter and the titles for each section, the text shall control; (3) The word "shall" is always mandatory and not directory. The word "may' is permissive; (4) Words used in the present tense include the future, unless the context clearly indicates the contrary; (5) Words used in the singular number include the plural, and words used in the plural number include the singular, unless the con- text clearly indicates the contrary; (6) A "building" or "structure" includes any part thereof. A "building or other structure" in- cludes all other structures of every kind, re- gardless of similarity to buildings; (7) The phrase used for includes "arranged for," "designed for,' 'intended for,' "maintained for" and "occupied for.' Adult . amusement or entertainment shall mean amusement or entertainment which is distin- guished or chancterized by an emphasis on mate- rial depicting, describing or relating to specified sexual activities or specified anatomical areas or which features topless dancers, exotic dancers, strippers, male or female impersonators or similar entertainment. Air contaminant shall mean any fume, smoke, particulate matter, vapor, gas or any combination but not including water vapor or steam condensa- tion. § 29-1 Air contamination source shall mean any source whatsoever at, from or by reason of which there is emitted or discharged into the atmosphere any air contaminant. Alley shall mean a minor way used primarily for vehicular service access to the back of properties abutting on a street. Aquarium shop shall mean a retail shop in which the principal business of the shop is the sale of fish as pets, as well as the sale of related equipment and food. The sale of birds as pets, and the sale of rodents weighing less than ten (10) pounds, as well as the sale of related equipment and food, shall be allowed as accessory uses to such shop. Area of lot shall mean the total horizontal area within the lot lines of a lot. Arterial street shall mean a street or highway which is used primarily for fast or heavy traffic. Awning sign shall mean a sign which is mounted' on a temporary shelter supported entirely from the exterior wall of the building. Bar shall mean any premises which have been li. censed under the Colorado Liquor or Beer Codes to sell, dispense or serve malt, special malt, vinous or spirituous liquors, or fermented malt beverages. Boarding and roominghouse shall mean a build- ing or portion which is used to accommodate, for compensation, five (5) or more 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. Bookstore, adult shall mean an establishment having as a substantial or significant portion of its stock in trade books, magazines and other periodi- cals and goods and items held for sale which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical arena or an establishment with a segment or sec- tions devoted to the sale or display of such mate- rial. Supp. No. 33 1979 § 29.1 FORT COLLINS CODE Building shall mean any permanent structure built for the shelter or enclosure of persons, ani- mals, chattels or property of any kind, which is governed by the following characteristics: (1) Is permanently affixed to the land; (2) Has one (1) or more floors and a roof; (3) Is bounded by either open space or the lot lines of a lot. Building frontage shall mean that side of a building which faces and is parallel to or most nearly parallel to a public or private street. The length of the frontage is determined by measuring along the outside walls of the building and includ- ing eaves which are at least eight (6) feet above grade and are an integral part of the roof or build- ing wall. There can be only one (1) building frontage for each street upon which a building faces. Building height shall mean the vertical distance from the average of the finished ground level at the center of all wells of a building to the highest point of the roof surface, exclusive of chimneys, ventilators, pipes, solar energy systems and simi- lar apparatus. Building permit valuation shall mean the dollar amount on which building permit fees are calcu- lated by the city's Building Permits and Inspec- tions Administrator for the issuance of a building permit. Building Permits and Inspections Administtutor shall mean the duly appointed Administrator of the Division of Building Inspections or authorized representative. Canopy sign shall mean a sign which is mounted on a permanently roofed shelter covering a side- walk, driveway or other similar area, which shel- ter may be wholly supported by a building or may be wholly or partially supported by columns, poles or braces extended from the ground. Child -cane center shall mean a facility by what- ever 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 and not related to the owner, operator or man- ager, whether such facility is operated with or without compensation for such care and with or without stated educational purposes. The term in- cludes, but is not limited to, facilities commonly known as daycare centers, day nurseries, nursery schools, preschools, play groups, day camps, sum- mer camps, centers for mentally retarded children and those facilities which give twenty -four-hour care for dependent and neglected children, but specifically excludes any family -care home as de- fined in this Chapter. Child-care centers are also those facilities for children under the age of six s Years with stated educational purposes operated i conjunction with a public, private or parochial cc. legs or a private or parochial school, except that. the term shall not apply to a kindergarten main- tained in connection with a public, private or Parochial elementary school system of at least six (6) grades. Collector stint shall mean a street or road which carries traffic from local streets to the system of major arterial streets or highways and is designed to move traffic to parks, schools and shopping cen- ters serving residential neighborhoods. Collector street system shall mean a system of one (1) or more collector street(s) that allows traf- fic to be distributed to at least two (2) arterial streets. Community facility shall mean a publicly owned facility which is primarily intended to serve the recreational, educational, cultural or entertain- ment needs of the community as a whole. The term community facility shall include publicly owned golf courses but shall not include natural areas, open spaces, detention ponds or wetlands. Community park shall mean a city -owned park of not lees than thirty (30) acres which serves the recreational and open space needs of the commu- nity as a whole. Convenience grocery store shall mean a general retail store containing less than four thousand (4,000) square feet of gross floor area (excluding any gasoline canopies), which sells goods and ser- vices which shall include, without limitation, ready -to -eat food products, groceries and sundries. Supp. No. 33 1980 ZONING, ANNEXATION AND DEVELOPMENT OF LAND Any establishment with more than seventy-five (75) percent of its revenues derived from gasoline and automotive related sales and services is not a convenience grocery store. DevelopmentaUy disabled shall mean those per- sons having cerebral palsy, multiple sclerosis, mental retardation, autism, learning disability or epilepsy. Dwelling shall mean a building used exclusively for residential occupancy, including single-family dwellings, two-family dwellings and multifamily dwellings, and which contains: (a) a minimum of eight hundred (800) square feet of floor area, or (b) in the case of a dwelling to be constructed on the rear portion of a lot in the N-C-L, N-C-M and N-C-B zoning districts, a minimum of four hun- dred (400) square feet of floor area, so long as a dwelling already exists on the front portion of such lot. The term dwelling shall not include ho- tels, motels, tents or other structures designed or used primarily for temporary occupancy. Any dwelling shall be deemed to be a principal build- ing. Dwelling, multifamily shall mean a building oc- cupied by three (3) or more families living inde- pendently of each other, not including hotels, mo- tels, fraternity houses and sorority houses and similar group accommodations. Dwelling, single-family shall mean a building oc- cupied by not more than one (1) family and which has not more than one (1) kitchen and hot less than one (1) bathroom. Dwelling, two-family shall mean a building occu- pied by two (2) families living independently of each other. Dwelling unit shall mean one (1) or more rooms and a single kitchen designed for or occupied as a unit by one (1) family, for living and cooking pur- poses, located in a single-family or multifamily dwelling. Elderly shall mean a person sixty (60) years of age or older. Employees shall mean the total number of per- sons to be employed in a building during normal periods of use. 129.1 Existing development shall mean any subdivision in the city which has been approved and recorded once all engineering improvements (water, sewer, streets, curbs, gutters, streetlights, fire hydrants and story drainage) are installed and completed. Family shall mean an individual living alone or either of the following groups living together as a single housekeeping unit and sharing common liv- ing, sleeping, cooking and eating facilities: (1) Any number of persons related by blood, marriage, adoption, guardianship or other duly authorized custodial relationship; or (2) Any unrelated group of persons consisting of: a Not more than three (3) persons; or b. Not more than two (2) unrelated adults and their related children, if any. Family -care home shall mean a facility for child care in a place of residence of a family or person for the purpose of providing family care and train- ing for a child under the age of sixteen (16) years who is not related to the occupants of such home, or a facility in a place of residence of a family or person for the purposes of providing elderly day care. The three (3) categories of family -care homes are as follows: (1) Daycare home shall mean a facility provid- ing care and training for a child or children not related to the caretakers for more than two (2) full consecutive days on a regular weekly basis, but not including twenty -four- hour care. A Ml day shall be defined as seven (7) or more hours. (2) Family foster home shall mean a facility pro- viding care and training for a child or chil- dren not related to the caretaker for regular twenty -four-hour care, provided that such child or children is received from any state operated institution for child care or from any child placement agency as defined in Section 26-6-102(2), C.R.S. (3) Elderly daycare home shall mean a home in a place of residence of a family or person for the day -time care, protection and supervision of persons of at least sixty (60) years of age, who are not related to the caretakers, for more than two (2) full days per week. Supp. No. 39 1981 § 29.1 FORT COLLINS CODE Floor area shall mean the gross floor area of the building measured along the outside walls of the building and including each floor level, but not in- cluding open balconies, garages or other enclosed automobile parking areas, basements and one-half (1/2) of all storage and display areas for hard goods. Flush wall sign shall mean any sign attached to, painted on or erected against the wall of a build- ing in such a manner that the sign face is parallel to the plane of the wall and is wholly supported by the wall. Banners, canvas or any other similar ma- terial may be used for this type of sign only if the material is securely attached directly to the build- ing fascia or to a rigid sign structure in a manner which prevents the material from flapping, waving or otherwise moving. For sale or for rent sign shall mean a sign indi- cating the availability for sale, rent or lease of the specific lot, building or portion of a building upon which the sign is erected or displayed. Fraternity and sorority houses shall mean stu- dent organizations established primarily to pro- mote friendship and welfare among the members, i.e., Greek -letter social fraternities and similar or- ganizations. Freestanding sign shall mean a detached sign which is supported by one (1) or more columns, uprights, poles or braces extended from . the ground or from an object on the ground, or a detached sign which is erected on the ground, pro- vided that no part of the sign is attached to any part of any building, structure or other sign. Fugitive dust shall mean solid airborne particu- late matter emitted from any source other than an opening which channels the flow of air contami- nants and then exhausts the contaminants di- rectly into the atmosphere. Fugitive dust also in- cludes solid particles released into the atmosphere by natural forces or by mechanical processes, such as crushing, grinding, milling, drilling, demolish- ing, shoveling, conveying, covering, bagging, sweeping, eta Full -line pet shop shall mean a retail shop in which the principal business of the shop is the sale of animals for pets. Grade shall mean the elevation of the centerline of the street at the center of the property. Grocery store shall mean a retail establishment primarily selling food, as well as other conve- nience and household goods, which occupies a space of not less than four thousand (4,000) square feet and not more than twenty-five thou- sand (25,000) square feet. Gross leasable area shall mean the total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines and upper floors, if any, expressed in square feet measured from centerlines of joint partitions and exteriors of outside walls. This does not include office build- ings in which medical, dental, research and other kinds of special organizations are housed, nor does it include theaters which are a part of a shopping center. Ground sign shall mean a type of freestanding sign which is erected on the ground and which contains no more than twenty (20) percent total free air space. Free air space shall mean any open area between the top of the sign and the ground, vertically, and between the extreme horizontal limits of the sign extended perpendicular to the ground. Group home shall mean a residence operated as a single dwelling, licensed by or operated by a governmental agency, for the purpose of providing special care or rehabilitation due to homelessness, physical condition or illness, mental condition or illness, or social, behavioral or disciplinary prob- lems, provided that authorized supervisory per- sonnel are present on the premises. Hard goods shall mean bulky, durable goods such as household appliances, furniture, automo- biles and farm and construction equipment, which all require extensive floor area for display. Hazardous materials shall mean those chemicals or substances which are physical or health haz- ards as defined and classified in the Fire and Building Codes. Hazardous materials categories include explosives and blasting agents, compressed gases, flammable and combustible liquids, Supp. No. 39 1982 ZONING, ANNEXATION AND DEVELOPMENT OF LAND flammable solids, organic peroxides, oxidizers, py- rophoric materials, unstable (reactive) materials, water -reactive solids and liquids, cryogenic fluids, highly toxic and toxic materials, radioactive mate- rials, corrosives, carcinogens, irritants, sensitizers and other health hazards. Each category is defined separately in the Fire and Building Codes in accordance with the Code of Federal Regulations Title 29 and other nationally recognized stan- dards. Home occupation shall mean an occupation or business activity which results in a product or ser- vice and is conducted in whole or in part in a dwelling unit, and is subordinate to the residential use of the dwelling unit. Hotel or motel shall mean a building for occu- pancy as the more or lees temporary abiding place of individuals who are lodged with or without meals, in which there are six (6) or more guestrooms and in which no provision is made for cooling in any individual room or suite. A motel or hotel room or suite which includes cooking fa- cilities shall be considered a dwelling unit. Individual letter sign is a type of flush wall sign consisting of individual letters, incised letters, script or symbols with no background material other than the wall of the building to which the letters, script or symbols are affixed. If the indi- vidual sections of an individual letter sign are connected by a common structure, commonly known as a 'raceway,' which provides for the elec- trical and/or mechanical operation of said sign, the "raceway' must be painted to match the color of the building or other structure to which the sign is mounted and must be limited to a height of no more than one-half (1h) of the height of the tallest letter. Junkyard shall mean an industrial use (not permitted in residential, business or commercial districts) contained within a building, structure or parcel of land, or portion thereof; used for the col- lecting, storage or sale of wastepaper, rags, scrap metal or discarded material or for the collecting, dismantling, storage, salvaging or demolition of vehicles, machinery or other material and includ- ing the We o& in whole or in parts thereof. A junkyard shall not mean a recycling facility. 4 29-1 Large retail establishment shall mean a retail es- tablishment, or any combination of retail estab- lishments in a single building, occupying more than twenty-five thousand (25,000) gross square feet of floor area Laundry and dry-cleaning retail outlet shall mean a laundry and/or dry-cleaning outlet whose business consists primarily of serving retail cus- tomers, provided that any laundry and dry-clean- ing processing that occurs on the premises is lim- ited to items which are brought directly to the premises by the retail customer. Lighting, indirect when applied to the lighting of signs, shall mean reflected light only from a con- cealed light source outside the sign face which re- flects fi:om the sip face only or from the sign face and sign copy. Limited indoor recreation use shall mean estab. lishments primarily engaged in the operation of such activities as exercise and athletic facilities, and amusement and recreational services, such as billiard and pool parlors, dance studios, martial art schools, arts and craft studios, and exercise and health clubs, but not including bowling alleys or establishments which have large-scale gymnasium -type facilities for such activities as tennis, basketball and competitive swimming. This definition is intended to restrict the type of recreational use allowed to small-scale facilities that would be compatible with typical buildings and uses in the limited business zoning district in which this use is allowed Local street shall mean a street which is used primarily for access to the abutting properties. Long-term care facility shall be any of the follow- ing: (1) Convalescent center shall mean a health in- stitution that is planned, organized, operated and maintained to offer facilities and ser- vices to inpatients requiring restorative care and treatment and that is either an integral patient care unit of a general hospital or a facility physically separated from but main- taining an affiliation with all services in a general hospital. Supp. No. 33 1983 § 29-1 FORT COLUNS CODE (2) Nursing care facility shall mean a health in- stitution planned, organized, operated and maintained to provide facilities and health services with related social care to inpatients who require regular medical care and twenty -four-hour nursing services for illness, injury or disability. Each patient shall be under the care of a physician licensed to practice medicine in the State of Colorado. The nursing services shall be organized and maintained to provide twenty -four-hour nursing services under the direction of a reg- istered professional nurse employed full time. (3) Intermediate health care facility shall mean a health -related institution planned, orga- nized, operated and maintained to provide facilities and services which are supportive, restorative and preventive in nature, with related , social care, to individuals who because of a physical or mental condition, or both, require care in an institutional envi- ronment but who do , :.t have an illness injury or disability for which regular medical care and twenty -four-hour nursing services are required Lot shall mean a parcel of land having at least twenty (20) feet of frontage on a public street, oc- cupied or designed to be occupied by one (1) or more ouldings, structures or uses, together with such open areas as are required by this Chapter. Lot line, front shall mean the property line divid- ing'a lot from a street. On a corner lot only one (1) street line ahail be considered as a front line, and the shorter street frontage shall be considered the front line. Lot line, rear shall mean the line opposite the front lot line. Lot line, side shall mesa any lot lines other than front lot line or rear lot line. Major addition shall mean the extension of an existing building where the cost of the addition, not including repairs and reconstruction of the existing building, is in excess of the assessed valu- ation of the existing building as assessed by the county Assessor during the year preceding the Year in which such major addition takes place. Major employment center shall mean an area which is the location of one (1) or more ncr, -si• dendW uses which employ or will employ a a_ m- bined total of more than one hundred (100) full- time employees during a single eight -hour shift. MarginaLaccess street shall mean a local street which is parallel to and adjacent to expressways or major arterials and which provides access to abut- ting properties and protection from through traf- fic Mating place and place for public assembly as used in 4 29-177, shall mean a hall, auditorium or other suitable room or rooms used for the purpose of conducting meetings of the membership and guests of the occupant of such structure. The same shall not include commercial endeavors such as commercial moving picture houses stage produc- tions or the like. Mixed use shall mean the development of a lot, tract or -parcel of land, building or structure with two (2) or more different uses such as, but not lim- ited to, residential, office, retail, public, personal service or entertainment, designed, planned and constructed as a unit. Mobile home shall mean a transportable, mngie- family dwelling unit built on a permanent chassis with attached undercarriage consisting of springs, axles, wheels and hubs, and which is suitable for year-round occupancy and contains the same wa- ter supply, waste disposal and electrical conve- niences as immobile housing. A mobile home is designed to be transported on streets to the place where it is to be occupied as a dwelling unit and may or may not be attached to a permanent foun- dation. Multifamily development shall mean a collection of residential buildings, planned as a unit, which contains one hundred (100) or more dwelling units with a net density of not less than ten (10) dwelling units per acne. Supp. No. 33 1984 § 29-1 FORT COLLINS CODE Width of lot shall mean the distance parallel to the front lot line, measured between side lot lines through that part of the building or structure where the lot is narrowest. Wind -driven sign shall mean any sign consisting of one (1) or a series of two (2) or more banners, flags, pennants; ribbons, spinners, streamers, cap- tive balloons or other objects or material fastened in such a manner as to move, upon being subjected to pressure by wind or breeze. Window sign shall mean a sign which is painted on, applied or attached to a window or door, or lo- cated within three.(3) feet of the interior of the window or door and is visible from the exterior of the building. Yard shall mean that portion of the open area on a lot extending open and unobstructed from the ground upward from a lot line for a depth or width specified by the regulations for the district in which the lot is located. Yard, front shall mean a yard extending across the full width of the lot between the front line and the nearest line or point of the building. Yard, near shall mean a yard extending across the full width of the lot between the rear lot line and the nearest line or point of the building. Yard, aide shall mean a yard extending from the front yard to the rear yard between the side lot line and the nearest line or point of the building. (Code 1972, §§ 118-10, 118-11; Ord. No. 170, 1986, 11.4-86; Ord. No. 31, 1987, § 1, 2-17-87. Ord. No. 183, 1987, §§ 1, 2, 12-1-87; Ord. No. 3, 1988, §§ 1, 2, 1-19-8& Ord. No. 98, 1988, § 2, 10- 4-88; Ord No. 12, 1989, §§ 1, 2, 2-21-89; Ord. No. 73, 1989, § 1, 4-18-89; Ord. No. 130, 1989, §§ 1, 2, 10-17-89; Ord. No. 145, 1990, § 1, 2.5-91; Ord. No. 7, 1991, § 1, 2.5-91; Ord. No. 99, 1991, § 1, 8-20- 91; Ord. No. 117, 1991, §§ 1-3, 11-5-91; Ord. No. 142, 1991, § 1, 12-17-91; Ord. No. 141, 1992, § 3, 1-5-93; Ord. No. 8, 1994, §§ 1, 2, 3, 2-15-94; Ord. No. 138, 1994, § 1, 9-20-94; Ord. No. 139, 1994, § 1, 9-20-94; Ord. No. 4, 1995, § 1, 1-17-95; Ord. No. 168, 1995, § 2, 1-2-96; Ord. No. 14, 1996, § 1, 2- 20-96) Cross reference-Defnitiow and rules of construction gen. erally, § 1-2. Sec. 29-2. Interpretation and application. (a) In their interpretation and application, the provisions of this Chapter shall be regarded as the minimum requirements for the protection of the public health, safety, comfort, morals, conve- nience, prosperity and welfare. This Chapter shall be regarded as remedial and shall be liberally con- strued to further its underlying purposes. (b) Whenever both a provision of this Chapter, and any other provision of this Chapter or any provision in any other law, ordinance, resolution, rule or regulation of any kind contain any restric- tions covering any of the same subject matter, whichever restrictions are more restrictive or im- pose higher standards or requirements shall gov- ern. All uses and all area, width and yards permit- ted under the terms of this Chapter shall be in conformity with all other provisions of law. (c) This Chapter is not intended to abrogate or annul: (1) Any permits issued before the effective date of the ordinance from which this Chapter was derived; (2) Any easement, covenant or any other private agreement. (Code 1972, § 118-12) Sec. 29-3. Development review fees. (a) There is hereby established a development review fee, the purpose of which shall be to re- cover a portion of the costs incurred by the city in processing, reviewing and recording applications pertaining to development activity within the mu- nicipal boundaries of the city. Except as provided in subsection (c), said fee shall be calculated so as to recover eighty (80) percent of all such costs that are not recovered through other fees or charges (excluding taxes) imposed by the city. The amount of said fee shall be reviewed annually and shall be adjusted by the Council by ordinance on the basis of actual expenses incurred by the city and to re- flect the effects of inflation. 8upp. No. 39 1986.4 ZONING, ANNEXATION AND DEVELOPMENT OF LAND South College Avenue corridor shall mean that area within the Fort Collins municipal boundaries and urban growth area which lies east of the Colorado and Southern Railroad tracks, south of Laurel Street and west of a line one thousand (1,000) feet east and parallel to the centerline of College Avenue. Specified anatomical area shall mean less than completely and opaquely covered human genitals, pubic region, buttocks, female breasts below a point above the top of the areola and human male genitals in a discernibly turgid state, even if com- pletely and opaquely covered. Specified sexual activities shall mean: (1) Human genitals in a state of sexual stimula- tion; (2) Acts of human masturbation, sexual inter- course or sodomy; (3) Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts. Street shall mean a way for motorized vehicular traffic whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place or however otherwise desig- nated. Subdivider or developer shall mean any person, partnership, joint venture, association or corpora- tion who shall participate as owner, promoter, de- veloper or sales agent in the planning, platting, development, promotion, sale and lease of a sub- division. Subdivision shall mean the platting of a lot or the division of a lot, tract or parcel of land into two (2) or more lots, plots or sites. Supermarket shall mean a retail establishment primarily selling food, as well as other conve- nience and household goods, which occupies a space of not less than twenty-five thousand one (25,001) square feet. Theater, adult shall mean a theater used for the presentation of material distinguished or charac- terized by an emphasis on material depicting, de- scribing or relating to specified sexual activities or specified anatomical areas for observation by pa- trons therein. 1 29.1 Tourist home shall mean an establishment. op- erated in a private residence or portion thereof which provides temporary accommodations to overnight guests for a fee. The operator of such an establishment must reside on the premises. Truck stop shall mean an establishment engaged primarily in the fueling, servicing, repair or park- ing of tractor trucks and similar heavy commercial vehicles, including the sale of accessories and equipment for such vehicles. A truck stop may also include overnight accommodations, showers and restaurant facilities primarily for the use of truck crews. Under -canopy sign shall mean a sign which is lo- cated beneath a permanent -roofed shelter covering a sidewalk, driveway or other similar area, which shelter may be wholly supported by a building or may wholly or partially supported by columns, poles or braces extended from the ground. Vehicle -mounted sign shall mean any sign (other than an ideological or election sign) which is painted on, affixed to or otherwise mounted on any vehicle or on any object which is placed on, in or attached to a vehicle. For the purposes of this definition, the term "vehicle" shall include trucks, buses, vans, railroad cars, automobiles, tractors, trailers, motor homes, semi -tractors or any other motorized or nonmotorized transportational de- vice, whether or not such vehicle is in operating condition. Veterinary facilities, hospital shall mean any fa- cility which is maintained by or for the use of a li- censed veterinarian in the diagnosis, treatment and prevention of animal diseases. Veterinary facilities, small animal clinic shall mean any facility maintained by or for the use of a licensed veterinarian in the diagnosis, treatment and prevention of animal diseases wherein the pa- tients are limited to dogs, cats and other com- parable household pets and wherein the overnight care of said patients is prohibited. Veterinary facilities, small animal hospital shall mean any facility which is maintained by or for the use of a licensed veterinarian in the diagnosis, treatment and prevention of animal diseases wherein the patients are limited to dogs, cats and other comparable household pets. Supp. No. 39 1986.3 I� City of Fort Collins Zoning, Annexation and Development of Land Regulations City of Fort Collins Community Planning & Environmental Services § 29.1 FORT COLUMS CODE (14) A sign which has been found by the Land- mark Preservation Commission to have been an integral part of a building desig- nated as a historic landmark, and is a con- tributing feature of the historic character of such building. Sign, election shall mean a sign relating to a candidate, issue, proposition, ordinance or other matter to be voted upon by the electors of the city. Sign face shall eau the s•,. .-ce of the sign upon, against or t; .ough which the message is displayed or illustrated Sign, ideological shall mean a sign conveying a philosophical, religious, political, charitable or other similar noncommercial message. Sign, illegal shall mean any sign which was erected in violation of any of the ordinances of the City of Fort Collins governing the same at the time of its erection and which sign has never been in iformance aith such ordinances, including thi sapter, an-. Ahich shall include signs which are posted, nailed or otherwise fastened or at- tached to or painted upon structures, utility poles, trees, fences or other signs. Sign, legal nonconforning shall mean any sign which was lawfully erected and maintained prior to the enactment of this Chapter and any amend- ments thereto and which does not conform to all the applicable regulations and restrictions of this Chapter. Sign side shall mean the combination of all faces or modules of a heestauding or ground sign which can be viewed from a single direction, except when such sign faces or modules are separated by an angle of more than two hundred seventy degrees (270'). Sign with backing shall mean any sign that is displayed upon, against or through any material or color surface or backing that forms an integral Part of such display and. differentiates the total display from the background against which it is placed. Sign without backing shall mean any word, let- ter, emblem, insignia, figure or similar character or group thereof that is neither backed by, incor- porated in or otherwise made a part of any larger display area Solar energy system shall mean a solar collector or other device or structural 'design feature of a structure that relies upon sunshine as an energy source and is capable of collecting, distributing and ':ng (if appropriate to the technology) the sun`, ant energy for a beneficial use. Sola. nted lot shall mean: (1) A vith a front lot line oriented to within the (30) degrees of a true east -west line. W,: the lot line abutting a street is curved, the moat lot line is the chord or straight line connecting the ends of the curve. For a flag lot, the front lot line is the lot line that is most parallel to the closest street, excluding the 'pole portion of the flag lot'; or (2) A lot which, when a straight line is drawn from a point midway between the side lot lines at the required front yard setback to a point midway between the side lot lines at the required rear yard setback, is oriented to within thirty (30) degrees of true north along said line; or (3) A corner lot with a south lot line oriented to within thirty (30) degrees of a true east -west line. The south lot line must adjoin a public street or permanently reserved open space. The adjacent street right-of-way or open space shall have a minimum north -south di- mension of at least filly (50) feet. (For pur- poses of this definition, 'permanently re- served open space' includes, without limi- tation, parks, cemeteries, golf courses and other similar outdoor recreation areas, drainage ditches and ponds, irrigation ditches and reservoirs, lakes, ponds, wet- lands, open speoee reserved on plats for neighborhood use and other like and similar permanent open space.) Supp. No. 33 1986.2 ZONING, ANNEXATION AND DEVELOPMENT OF LAND 1 29 1 Semipublic use shall mean uses operated by rec- ognized religious, philanthropic, educational or eleemosynary institutions on a nonprofit basis and in which goods, merchandise and services are not provided for sale on the premises. Shopping center shall mean a group of more than four (4) retail and service establishments lo- cated in a complex: which is planned, developed, owned or managed as a unit, with off4treet park- ing provided on the property. Signs shall include any writing (including letter, work or number), pictorial representation (including illustration or declaration), product, form (including shapes resembling any human, an- imal or product form), emblem (including any de- vice, symbol, trademark, object or design which conveys a recognizable meaning, identity or dis- tinction) or any other figure of similar character which is a structure or any part thereof or is writ- ten, Painted, Projected upon, Printed, designed into, constructed or otherwise placed on or near a building, board, plate or upon any material object or device whatsoever, which by reason of its form, location, manner of display, color, working, stereotyped design or otherwise attracts or is de- signed to attract attention to the subject or to the premises upon which it is situated, or is used as a means of identification, advertisement or an- nouncement. The terms signs shall not include the following- (1) Flags, pennants or insignia of nations or an organization of nations, states or cities ex- cept when such flags are used in connection with a commercial promotion or as an adver- tising device; (2) Window displays incorporating placards pennant, merchandise, pictures or models of product or services; (3) Works of fine art which in no way identify a product or business and which are not dis- played in conjunction with a commercial en- terprise, which enterprise may benefit or realize direct commercial gain from such display; (4) One (1) nameplate per public entrance per business of not more than two (2) square 3upp. No. 33 1986.1 feet per face which is suspended under a canopy; (5) Temporary decorations or displays dearly incidental and customary and commonly as- sociated with national, local or religious hol- iday celebrations; (6) Signs not visible beyond the boundaries of the lot or parcel upon which they are located or from any public thoroughfare or right -of. way; Cn Traffic and other official signs of any public or governmental agency; (8) On -site traffic directional signs which do not exceed four (4) square feet per fare or ten (10) feet in height and which do not carry a commercial message other than identifica- tion. The minimum horizontal distance be- tween such signs shall be fifteen (15) feet, except for signs designating the purpose for which Parking stalls may be used, such as for handicap parking, compact can, etc; (9) Temporary interior paper window signs; (10) Signs over gas Pumps which indicate gas prices, provided that such signs shall be lim- itsd to one (1) per pump island and shall be DO larger than four (4) square feet per face. (11) One (1) flush -wall nameplate per business, not to exceed two (2) square feet in area, to be located at or near the..rear entrance of such business; (12) Bus benches displaying advertisements pur- suant to an agreement between the city and the owner, provided that such agreement regulates the size, content, placement, de- sign and materials used for construction of said bus benches; (13) Product, merchandise or other materials which are offered for sale or used in con- ducting a business, when such product, merchandise or materials are kept or stored in a location which is designed and com- monly used for the storage of such product, merchandise or materials; and § 29.1 (1) Active open space. FORT COLLINS CODE a. A parcel of not less than ten thousand (10,000) square feet and not lees than fifty (50) linear feet in the smallest di- mension; b. Public dedications may not contribute to the active open space area; C. Partial credit may be given to active Open specs areas which are devoted to improved flood control channels and ar- am encumbered by flowage, floodway or drainage easements. (2) Active indoor space. a. Recreational facilities or structures and their accessory uses located in approved areas, including but not limited to game rooms, swimming pools, gymnasiums, bowling alleys, ezerdse rooms and ten- nis and racquetball courts; b. Residentsof the project for which the facility is planned must be automati- cally members without additional charge. Recyclable material shall mean reusable mate- rial, including but not limited to metals, glass, plastic and paper. which are intended for reuse or reconstitution for purpose of using the altered form. Recyclable al does not include refuse or hazardous maw:::.,: Recycling facility shall mean a building used for the collection and/or processing of recyclable ma- terial. Processing means the preparation of mate- rial for efficient shipment by such means as bal- ing, compacting,. flattening, grinding, cruslhing, mechanical sorting, and cleaning. Such a facility, if entirely enclosed within a building or buildings, shall be considered a warehouse. Restaurant, drive-in ahall mean any establish- ment whose principal business is the sale of foods, frozen desserts or beverages to the customer in a ready -to -consume state and whose design, method of operation or any portion of whose business al- lows foods, frozen desserts or beverages to be served directly to the customer in a motor vehicle either by a carhop or by other means which elimi. nates the need for the customer to exit the motor vehicle. Rrsrauront, fast-food shall mean any establish. ment whose principal business is the sale of foods or beverages to the customer in a ready -to con- sume state, and whose design or principal method of operation includes both of the following charsc- teristics: (1) Foods, frozen desserts or beverages are usu. ally served in edible containers or in paper, plastic or other disposable containers; (2) The consumption of foods, frozen desserts or be, =-%gee is allowed, encouraged or permit. to ithin the restaurant building, within a m_. r vehicle parked upon the premises or at other facilities on the premises outside the restaurant building or for carryout for con- sumption off the premises. Restaurant, standard shall mean any establish- ment whose principal business is the sale of foods or beverages to the customer in a ready.to-con- sume state, and whose design or principal method of operation includes one (1) or both of the follow. ing characteristics: (1) Customers, normally provided with an indi. vidual menu, are served their foods or bever. ages by a restaurant employee at the same table or counter at which the items are con- sumed; (2) A cafeteria -type operation where foods, frozen desserts or beverages are consumed within the restaurant building. Retail establishment (also known as retail store) shall mean an establishment in which sixty (60) percent or more of the glues floor area is devoted to the sale or rental of goods or merchandise to the general public for personal or household con- sumption or to services incidental to the sale or rental of such goods or merchandise. Rooftop sign shall mean a sign erected upon or above a roof or above a parapet wall of a building. Supp. No. 33 1986 ZONING, ANNEXATION AND DEVELOPMENT OF LAND Neighborhood park shall mean a park of not less than six (6) acres and no more than thirty (30) acres which serves the recreational and open space needs of residents of surrounding neighborhoods. Neighborhood plan shall mean a document adopted by the City Council as a part of the Com- prehensive Plan of the city containing public poli- cies relating to a specific neighborhood. Net developable area shall mean the area of the site of a proposed development, excluding public rights -of -way, and open space areas greater than ten thousand (10,000) square feet. North Fort Collins shall mean that area .within the Fort Collins municipal boundaries which Use north of Laurnl Street extended and east of Over- land Trail. Office (or business) park shall mean a develop- ment on a lot, tract or parcel of land that contains a minimum of seven (7) separate buildings for of- fice and/or industrial use and supporting uses, and is designed, planned and constructed as a unit. Of -premise sign shall mean a sign or billboard which is used or intended for use to advertise, identify, direct or attract the attention of the pub• lic to a business, institution, product, organiza- tion, event or location offered or existing else- where than upon the same lot, tract or parcel of land where such sign or billboard is displayed Opacity shall mean the degree to which air con- taminant emission obscures the view of an ob- server, expressed in percentage of the obstruction, or the degree (percent) to which transmittances of light are reduced by an air contaminant emission. Permanent sign shall mean a sign which is per- manently affixed or attached to the ground or to a structure. Personal service shops shall mean shops primer-. ily engaged in providing services generally involv- ing the care of the person or such person's apparel such as laundry and dry-cleaning retail outlets, portrait/photographic studios and beauty and bar- ber shops. § ?9.1 Photo studio, adult shall mean an establishment which, upon payment of a fee, provides photo. graphic equipment and/or models for the purpose Of photographing specified anatomical areas. Place shall mean a minor way used primarily for vehicular access to the abutting properties, pro- vided that no place shall have a greater length than three hundred fifty (350) feet, and provided further that no place shall provide ALCE9a to more than fifteen (15) lots, and provided further that no discontinuous place (culdeaac) shall provide ac- cess to more than fifteen (15) dwelling units. Portable sign shall mean: (1) a sign which is not Permanently affixed or attached to the ground or to any structure, or (2) any outdoor display of a product, merchandise or material which, by reason of its location or manner of display, is intended Primarily to attract attention to the product, mer- chandise or material, or the premises upon which it is situated. Professional office shall mean an office for pro- fessionals such as physicians, dentists, lawyers, architects, engineers, artists, musicians, designers, teachers, accountants and others who through training are qualified to perform services of a pro- fessional nature and where no storage or sale of merchandise exists. Projecting wall sign shall mean any sign other than a flush wall sign which projects fiom and is supported by a wall or a building. Public use shall mean uses which are owned by and operated for the public by school districts or by city, county, state or federal governments. Public utility shall mean a common carrier sup- plying electricity, telephones, natural gas, water, sewage disposal, railroads or similar public ser- vices. Recreational space shall mean privately owned space which is designed for active recreational use for more than three (3) families and would qualify as one (1) of the following categories: 9upp. No. 33 -1985 ZONING, ANNEXATION AND DEVELOPMENT OF LAND (b) Development review fee schedule. . (1) The standard development review fee im. posed by this Section shall be paid at the time of submittal of any development review application, according to the following schedule: ' Annexation Petition and Map $1,040.00 Rezoning Petition 856.00 Overall Development Plan L400.00 Preliminary PUD Plan L472.00 Final PUD Plan 2,808.00 Minor Subdivision Plat 896.00 Preliminary Subdivision Plat 1,312.00 Final Subdivision Plat 2,176.00 RF/RC Site Plan 2,544.00 RH/RM Site Plan 976.00 Group Home Review 920.00 Nonconforming Use Review 1,216.00 UM Site Plan 1,640.00 Administrative Change 168.00 Extension Request 496.00 Notification. Fee 50 per notice mailed (2) Small development projects as described be. low shall not be subject to the standard de. velopment review fee as established pur. suant to subsection (1) above, but rather, shall be assessed a fee according to the fol. lowing schedule; provided, however, that in the event that the development review fee imposed pursuant to subsection (1) above is lower than the fee established pursuant to this subsection, the lower fee shall apply: TyPe 4fproiett Fee Fee Conditions Annotation petition OrWh& (54) of the and map aoaemag standard fee five (5) acres or less. Rezoning pew Oes-half ('h) of the rezoning five (6) standard ere. acres or less. Now residential ds- velopmeat of fifteen (15) or Ice dwell. ing unit. $100 per dwelling unit per submittal with a minimum fee per submittal of $200. For purposes of We fee, a submittal shall mean a sub. mitted application, whether angular or combined. Type of Project Expansion of exist. ing building flan than $50o,000 budding permit vel- usuca) and new commercial davel- opment (hre than $600.000 building permit valuation). Miscellaneous small development Projects, including the following and Other aimil,, pro. jests: structural addi- tions or afters. time and changes of use (it the pm. pond change will not add more than twenty-five (251 percent of floor sea to the or •llmmmto more than tan (101 per. ant of existing habitable Dow area) to existing single or two- fuldly dwellings and multifamily dwellings cot.. reining four (4) or Ice dwelling unit; or • supplameatary building height, family rare home and home occupa- tions variance re- view. Fee One (1) percent of building permit val- nation, unless nib - nutted as a com- bined preliminary and final plan or pl t. is which event the fee shall be ons- half M) percent of building permit val- >m�wever, that in nnoo averrt shall the fie be less than $200. $200 per project collected at the time of application submittal. 5 29.3 Fee Conditions For project sub. .. -vu as a com. bined nary and ml plea the entire (estimated) fee abed. be paid at the time of submit. eel and fee adjust. Mentz (whether re- fund or additional payment) shall be made at the time of iesuanca of a build. ing permit. For ap- plictciotu not sub. mind as combined preliminary and fi- nal plans, one-half (ter) of the (eed- mitted) fee shall be paid at the time of s,.bmunt.t and all remaining amounts due shall be paid at the time of issuance of the building per - mil. Nourefimdabls. Supp. No. 33 1986.5 § 29.3 FORT COLLINS CODE (3) Preliminary or final subdivision plats sub- of Planningas to whether the Project mitted concurrently with a Preliminary P J quali- P nary or flee for a total or partial waiver of the fees. final PUD plan, RF/RC site plan, RFURM In the event that the Director of Planning site plan, nonconforming use review or IL/IP determines that the project does not so qual- site plan shall be charged one-half (V/a) of the ify, all such fees shall be due and payable Preliminary or final subdivision plat fee. prior to the issuance of the first certificate of (4) Applications submitted as combined prelimi- Occupancy' nary and final plans or plats shall be charged (Ord. 27, 1994, § 1, 3-15-94; Ord. No. 138, 1994, the applicable fee for a final plan or plat. § 2, 9-20-94) (c) Applications relating to the review of afford- able housing projects shall be totally or partially exempt from the fees imposed under this Section according to the following guidelines: (1) The fees imposed under this Section shall be entirely waived for projects in which at least fifty-one (51) percent of the dwelling units are available for rent or purchase on terms which would be affordable to individuals earning eighty (80) percent or leas of the median income of city residents, as adjusted for family size, and paying less than thirty (30) percent of their gross income for hous- ing, including utilities. (2) The fees imposed under this Section shall be reduced by one-half (�/2) if at least fifty-one (51) percent of the dwelling units within the Project are available for rent or purchase on terms which would be affordable to individ- uals earning more than eighty (80) percent but less than ninety-five (95) percent of the median income of city residents, as adjusted for family size, and paying leas than thirty (30) percent of their gross income for hous- ing, including utilities. (3) In order to determine whether a housing project is eligible for a total or partial waiver of fees under this subparagraph, any appli- cant seeking etch total or partial waiver must submit documentation evidencing the eligibility of the project to the city's Director of Planning, who may, upon review of such documentation, defer the payment of said fees to such time, if at all, that a certificate of occupancy is sought for the project. At that time, prior to the issuance of any cer- tificate of occupancy for the project, a final determination shall be made by the Director Supp. No. 33 1986.E [The nmt page is 19871 ZONING, ANNEXATION AND DEVELOPMENT OF LAND See. 29.4. Methods of enforcement. The provisions of this Chapter shall be enforced by the following methods: (1) Requirement of a building permit; (2) Requirement of a certificate of occupancy; (3) Inspection and ordering removal of viola- tions; (4) Criminal liability; (5) Injunction. (Code 1972, § 118-23(A)) Sec. 29-5. Permits and certificate of occu. pancy- (a) No building shall be erected, moved or struc. turally altered unless a building permit has been issued by the Building Permits and Inspections Administrator. All permits shall be issued in con- formance with the provisions of this Chapter and shall be valid for a period of time not exceeding one (1) year from the date of issuance. (b) No land or building shall be changed in use, nor shall any new structure, building or land be occupied or used, unless the owner shall have obtained a certificate of occupancy from the Build. ing Permits and Inspections Administrator. If the use is in conformance with the provisions of this Chapter, a certificate of occupancy shall be issued within three (3) days of the time of notification that the building is completed and ready for occu- pancy. A copy of all certificates of occupancy shall be filed by the Administrator and shall be avail. able for examination by any person with either proprietary or tenancy interest in the property or building. (Code 1972, § 118-23(B), (C)) Sea 29-& Inspection. The Building Permits and Inspections Adminis- trator is hereby empowered to cause any building, other structure or tract of land to be inspected and examined and to order in writing the remedying of any condition found to exist therein or thereat in violation of any provision of Articles I—W of this § 29-9 Chapter. Afar any such order has been served, no work shall proceed on any building, other struc- ture or tract of land covered by such order, except to correct such violation or comply with the order. (Code 1972, § 118-23(D); Ord. No. 154, 1987, § 10, 10-20-87) See.29.7. Criminal liability. A person shall be guilty of a misdemeanor upon conviction in any case where all of the following have occurred: (1) Any violation of any of the provisions of this Chapter exists in any building, other struc- ture or tract of land; (2) An order to remove any such violation has been served upon the owner, general agent; lessee or tenant of the building, other struc- ture or tract of land or any part thereof or upon the architect, builder, contractor or any other person who commits or assists in any such violation; (3) Such person shall fail to comply with such order within ten (10) days after the service. (Code 1972, § 118-23(E)) Sea 29-8. Liability of city and injunction. (a) In addition to any of the foregoing remedies, the City Attorney acting in behalf of the City Council may maintain an action for an injunction to restrain any violation of this Chapter. (b) This Chapter shall not be construed to hold the city responsible for any damage to persons or property by reason of the inspection or minspec. tion authorized herein or failure to inspect or reinspect or by reason of issuing a building permit as herein provided (Code 1972, § 118-23(F), (G)) Sec. 29-9. Enforcement of performance stan- dards In industrial developments. (a) A determination as to violation of required performance standards set forth in the industrial developments shall be made by the Building Per - nuts and Inspections Administrator, and any such determination shall be made before notice of violation is issued. Supp. No. 26 1987 § 299 FORT COLLINS CODE. (b) If, in the considered judgment of the Build- ing Permits and Inspections Administrator, there is a violation of performance standards set forth in the industrial developments, the Administrator shall give written notice by personal service or by registered or certified mail, return receipt re. quested, to the person responsible for the alleged violation. Such notice shall indicate the particu. lays of the alleged violation and the reasons why the Administrator considers that there is a viola- tion in fact and shall require an answer or correc. tion of the alleged violation to the satisfaction of the Administrator within a time limit of not less than ten (10) days as 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 satisfaction of the Administrator within the time limit, as set forth in the notice, constitutes a violation of the terms of this Chapter. (c) I& within the time limit set, there is no reply but the alleged violation is corrected to the satis- faction of the Building Permits and Inspections Administrator, the words "violation corrected' shall be noted on the Administrator'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. (d) If there is no reply within the time limit set and the alleged violation is not corrected to the satisfaction of the Building Permits and Inspec- tions Administrator within the specified time limit, the Administrator shall proceed to take or cause to be taken such action as warranted by continuation of a violation after notice to cease. (a) If reply is received within the specified time limit indicating that the alleged violation will be corrected to the satisfaction of the Building Per- mits and Inspections Administrator but that more time will be required than was granted by the original notice, the Administrator may grant an extension of time if such extension is deemed justi- fied 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 Administrator shall, in writ- ing, state specific reasons for granting or refusing to grant such extension. W If another public agency has taken action regarding a violation of one (1) or more of the per. formance 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 inve d- gation of the same subject matter or, if an investi- gation has been completed, shall not seek a final judgment on the matter. (Code 1972, § 118-23(ID) Sec. 29.10. Permit and consent of neighbors required for mineral excavations. It shall be unlawful for any person to make any excavations in the earth upon any lot or block in the city by boring, drilling or digging in the earth for purpose of and with the intention of discover- ing oil, gas, coal or minerals of any kind, or to erect any derricks, scaffolding or other devices used in or about the boring or drilling of wells within the city without first having obtained a permit from the Director of Engineering and the written consent of all of the owners of the prop- erty abutting or adjoining the tract or tracts of land upon which any of the operations may be proposed - (Code 1972, § 73-65) Sec. 29.11. Permit and consent of neighbors required for brick manufacture. It shall be unlawful for any person to make any excavation in the city for the purpose of obtaining earth to manufacture into brick, or to establish any brickyard in the city, without first having obtained a permit from the Director of Engineer- ing and the written consent of all of the owners of property adjoiningthe lots or blocks upon which it is proposed to make such excavations or establish such brickyards. (Code 1972,§ 73-66) Seca 29-12-29.20. Reserved. Supp. No. 25 1988 ZONING, ANNEXATION AND DEVELOPMENT OF LAND ARTICLE H. PROCEDURE FOR ANNEXATION OF LAND* Sec. 29-21. Compliance with state law. Annexation of lands to the city shall be in accor- dance with the laws of the state in effect from time to time. (Code 1972, § 3-1) Sec. 29-22. Petitions for annexation and an- nexation plats. All petitions for annexation and annexation plats shall be submitted to the Director of Plan- ning. The Director shall schedule the petitions for the next meeting of the Planning and Zoning Board held at least fifteen (15) days after the date the Director receives the petition and plat. (Code 1972, § 3-2) Sec. 29-2& Hearing and report by Planning and Zoning Board. The Planning and Zoning Board shall hold a hearing on the matter of such annexation and shall make a report and recommendation to the City Council. Such report shall include a recom- mendation on the proper zoning for the lands if the City Council annexes such lands into the city. (Code 1972, § 3-3) Sees.29-24-29-32. Reserved. ARTICLE M. ZONINGt DIVISION 1. GENERALLY Secs.29.33-". Reserved. 'Cross references -Functions of the Planing and Zoning Board, § 2.353; college Addition Annexation, Appendix A. tCtose references -Planning and Zoning Board, § 2.35I at seq.; functions of the Planning and Zoning Board, § 2-353; Zoning Board of Appeals, § 2.441 at seq. DIVISION 2. ADMINISTRATION- .- § 29-41 Sec. 29-41. Zoning Board of Appeals; duties and powers. (a) Subject to being overruled by the City Coun- cil, the Zoning Board of Appeals created in § 2.441 shall have the powers and duties in this Section in harmony with the purpose and intent of Articles III and IV and in accordance with the public inter- est and the most appropriate development of the neighborhood. (b) The Zoning Board of Appeals shall hear and decide appeals from, and review any order, re- quirement, decision or determination made by, an administrative official charged with enforcement of the regulations established by Articles III and IV, except those determinations which pertain to matters previously reviewed or approved by the Planning and Zoning Board. (c) The Zoning Board of Appeals shall autho- rize, upon appeal in specific cases, variances from the terms of this Article where, by reason of ex- ceptional narrowness, shallowness or slope of a specific piece of property at the time of the enact- ment of this Article or by reason of exceptional topographical conditions or other extraordinary and exceptional situations or conditions of such piece of property, including situations or condi- tions which hinder the owner's ability to install a solar energy system, the strict application of any regulation enacted herein would result in peculiar and exceptional practical difficulties to or excep- tional or undue hardship upon the owner of such property, provided that such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purposes of this Article, and provided that no variance shall authorize any use in a zoning dis- trict other than a use specifically permitted in such zoning district. (Code 1972, § 118-20; Ord. No. 154, 1987, § 11, 10-20-87) ttCroea references -Planning and Zoning Board, § 2.351 et seq.; functions of the Planning and Zoning Board, § 2-353; Zoning Board of Appeals, § 2-441 at seq. Supp. No. 29 1989 § 2942 FORT COLLINS CODE Sec. 29-42. Applications and appeals proce- dure. (a) The Zoning Boatel of Appeals shall hold a public hearing on all applications and appeals with the special conditions as required in this Section. (b) For applications for variances of Articles III and IV, the Zoning Board of Appeals shall mail a written notice of the hearing at least seven (7) days prior to the hearing date to the applicant and to owners of property adjacent to the property in question. Failure to mail such notice to ev property owner due to clerical omissions shall not affect the validity of any hearing or determination of the board. (c) For applications for variances of Articles III and N, the applicant shall be charged a fee to cover the cost of advertising and processing. Un- less otherwise stated in the Zoning Board of Ap- peals' minutes, all variance permits shall be valid for a period of time not to exceed six (6) months from the time such variance is granted. (d) Final decisions of the Zoning Board of Ap- peals are subject to the right of appeal to the City Council as set forth in § 2-47 at seq. (Code 1972, § 118-21; Ord. No. 154, 1987, § 12, 10- 20-87) Sec. 294& Amendments to Zoning District Map. (a) Any amendment changing the Zoning Dis- trict Map of the city shall require the following ac- tion: (1) Study and recommendation concerning the propc< i amendment by the Planning and Zonin. ard; (2) Study and recommendation on any rezoning Petition whether the petition is in original form or amended. No petition may be amended later than nine (9) days after action on the original petition by the Planning and Zoning Boatel. (b) For proposed amendments to the Zoning Dis- trict Map, the applicant shall be charged a fee to cover the cost of advertising and processing. (c) The City Council shall not rezone any tract of land from one (1) zone to another without first receiving a recommendation on the proposed zone from the Planning and Zoning Board. (d) The Planning and Zoning Board shall not consider any petition for rezoning any parcel of land which has been the subject of another rezon. ing petition and hearing within twelve (12) months following final action on such petition un- less substantial new evidence is submitted which could not reasonably have been presented at the previous hearing. (e) Upon completion of any hearing by the Planning and Zoning Board on an application to rezone any parcel of land or upor_ .onsideration of initial zoning in the case of lands being annexed to the city, the City Clerk shall cause the hearing by the City Council to be placed on the agenda for a future City Council meeting and shall give notice of such hearing. The public hearing before the City Council shall be held after at least seven (7) days' notice of the time and place of such hearing shall have been given by at least one (1) publication in a newspaper of general circulation within the city. (Code 1972, § 118-22(A)) Sec. 29-44. Special procedures for amend- ments. Before submitting a report and recommendation on any proposed amendment to this Chapter, the Planning and Zoning Board shall hold a public hearing on the proposed amendment with the fol- lowing special conditions required: (1) For proposed amendments to the Zoning Dis- trict Map, the Planning and Zoning Board shall send a written notice of the hearing at least seven (7) days prior to the hearing date to the property owners of most recent tax record within the area requesting re- Supp. No. 29 1990 �\� ���r..�■ -�. ■ :�:-_: ■ �' -_ ��l �, _ �. �,.. � ;, �� _ �. IJ . -= � � �•a: . /, �_. _� - - v �� �• Y ^ � 'V � : 4" ., '-; �.: _-: �� _ __ _ �,; '.•i �'��1\♦ ... � ��•" .%wd ZONING, ANNEXATION AND DEVELOPMENT OF LAND § 29.71 zoning and to the owners of property adja- use shall be regarded as a violation of the zoning cent to the area proposed for rezoning. Fail- ordinance and the prohibition enforced pursuant ure to mail such notice to every property to § 29-4 et seq. owner due to clerical omissions shall not (Code 1972, § 118-82(G)) affect the validity of any hearing of deter- minations of the board; Secs. 2946-29-70. Reserved. (2) In addition, the Planning and Zoning Board may order notices posted at least seven (7) days prior to the hearing date on the prop- erty requesting rezoning. When so ordered, such notices shall be readable from public streets and shall contain the following: "Planning Review Requested." (Code 1972, § 118-22(B)) Sec. 29.45. Conditional zoning. (a) The City Council, upon recommendation of the Planning and Zoning Board, shall have the power, upon the zoning or rezoning of any prop- erty in any of the several zoning districts of the city, to impose reasonable conditions relating to use for the purpose of preserving and promoting the public health, safety and welfare of the in- habitants of the city and the public generally, and to encourage and facilitate the orderly devel- opment of the city. Conditional zoning shall not be utilized to authorize uses not authorized under this Chapter. (b) Zones upon which conditions have been placed pursuant to this Section shall be identified in lower case letters on the Zoning District Map which is on file in the City Clerk's office. (c) Such conditions shall be deemed to run with the land and shall not be affected by changes in the ownership of the property and shall remain in force and effect until such time as they are re- pealed or otherwise modified by the City Council. (d) Once a condition has been imposed pursu- ant to this Section, no building permit shall be issued for any development, remodeling or rede- velopment which is inconsistent with the condi- tion imposed. DIVISION 3. REGULATIONS' Subdivision A. Generally Sec. 29-71. Establishment of zoning districts. In order to carry out the purposes of this Chap- ter, the city is hereby divided into the following zoning districts: (1) R-E Estate Residential District. (2) R-F Foothills Residential District. (3) R-L Low. Density Residential District. (4) R-L-P Low Density Planned Residential District. (5) R-L-M Low Density Multifamily District. (6) R-M Medium Density Residential District. (7) R-H High Density Residential District. (8) R-P Planned Residential District. (9) R-M-P Medium Density Planned Residen. tial District. (10) M-L Low Density Mobile Home District. (11) M-M Medium Density Mobile Home District. (12) B-P Planned Business District. (13) B-L Limited Business District. (14) H-B Highway Business District. (15) B-G General Business District. (16) C Commercial District. (17) E-P Employment Park District. (e) If a condition imposed by this Section is not •Editor'snote—Sections 1-4ofOrd. No. 111, 1991, adopted complied with, no certificate of occupancy shall Oct. 1, 1991, added new Subdivisions D, G, I and Q to Division be issued for the subject property. 3 of Article III herein. As directed by said ordinance, all ef. fected subdivisions have been relettered as herein set out. Des- M If the subject property is utilized for pur- ignated section numbers have remained the same as they were poses in conflict with the conditions imposed, such before the adoption of said ordinance. Supp. No. 17 1991 § 29-71 (18) I-L Limited Industrial District. (19) I-G General Industrial District. (20) I-P Industrial Park District. (21) RC River Corridor District. FORT COLLINS CODE (22) T Transition District. :Code 1972, § 118-31; Ord. No. 31, 1987, § 2 2-17.87; Ord. No. 57, 1991, 6-4.91) Sec. 29-72. Zoning District Map; district bound- aries. (a) The boundaries of these zoning districts are established as shown on a map entitled "Zoning District Map of the City of Fort Collins, Colorado,'" dated September 23, 1965, as amended, which map is hereby made a part of this Chapter by reference. (b) Unless otherwise defined on the Zoning Dis- trict Map, district boundary lines are as follows: (1) Lot lines; (2) Centerlines of streets, alleys, railroad rights - of -way or such lines extended; (3) Section lines; (4) Municipal corporate lines; (5) Centerlines of stream beds; (6) Other lines drawn to scale on the Zoning District Map. )c) Where a lot is divided at the time of enact- ment of the ordinance from which this Article was derived or by subsequent amendments by a zoning district boundary line, the less restrictive zoning requirements may be extended not more than twenty-five (25) feet into the more restric- tive zoning district adjacent to the zoning district boundary line. (Code 1972, § 118-32) Sec. 29-73. Adoption of schedules. The schedules which indicate uses permitted, minimum area of lot, minimum width of lot, min- imum front yard, minimum rear yard and mini. mum side yard regulations for the various zoning districts are hereby adopted and declared to be a Supp. No. 17 part of this Article and may be amended in the same manner as any other part of this Article. (Code 1972, § 118-33) Sec. 29-74. Application of regulations. Except as hereinafter provided, no building, struc- ture or land shall be used and no building or structure or part thereof shall be erected, con- structed, reconstructed, altered, repaired, moved or structurally altered except in conformance with the regulations herein specified for the district in which it is located, nor shall a yard, lot or open space be reduced in dimensions or area to an amount less than the minimum requirements set forth herein. )Code 1972, § 118-30) Sec. 29-75. Changes to permitted uses. (a) Upon application or on its own initiative, the City Council may, by ordinance, add to the uses specified in a particular 'zoning district any other similar use which conforms to the condi- tions set forth in the following special findings: (1) Such use is more appropriate in the use group to which it is added than in any other use group; (2) Such use conforms to the basic characteris- tics of the use group to which it is added; (3) Such use does not create any more offen- sive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences or more traffic hazards than the minimum amount normally resulting from the other uses listed in the use group to which it is added; (b) When any use has been added to any use group in accordance with this Section, such use shall be deemed to be permanently listed in the use group of the appropriate section and shall be added to the published text of this Chapter at the first convenient opportunity. (c) The provisions of this Section shall not apply to any land use located on a Planned Unit Devel- opment plan as defined, processed and approved according to § 29-526. (Code 1972, § 118-80) 1992 ZONING. ANNEXATION AND DEVELOPMENT OF LAND - 1 29.110 Seca. 29-76-29.90: Reserved. (2) The legal size of the lot as it existed at the time of annexation into the city. Subdivision B. R-E Estate Residential District` Sec. 29-91. Purpose. The R-E Estate Residential District is for low density residential areas, usually located in out- lying areas, and for larger lot residential subdivi- sions initially approved by the county government and subsequently annexed into the city. (Code 1972, § 118.40; Ord. No, 88, 1989, § 1, 6-20-89) Sec. 29.92. Uses permitted. The following uses are permitted in the R-E District: (1) Single-family dwellings. (2) Public and private schools for elementary and high school education. (3) Public and nonprofit quasi -public recreational uses as a principal use. (4) Churches. (5) Essential public utility and public service installations and facilities for the protec- tion and welfare of the surrounding area, provided business offices and repair and storage facilities are not included. (6) Group homes, subject to approval by spe- cial review. (7) Accessory buildings and uses, except home occupations. (8) Repealed. (Code 1972, § 118.40(A); Ord. No. 3, 1988, § 3, 1-19-88) Sec. 29-93. Bulk and area requirements. (a) Minimum lot area in the R-E District shall be either: (1) The equivalent of four (4) times the total floor area of the building but not less than one hundred thousand (100,000) square feet; or *Cress reference —Sign regulations, 1 29.591 et seq. Supp. No. 17 1993 (b) Minimum lot width shall be two hundred (200) feet for any lot larger than one hundred thousand (100,000) square feet in size; one hun- dred (100) feet for any lot containing fifty thou- sand (50,000) square feet through one hundred thousand (100,000) square feet; or seventy-five (75) feet for any lot smaller than fifty thousand (50,000) square feet. (c) Minimum depth of the front yard shall be thirty (30) feet. (d) Minimum depth of the rear yard shall be twenty-five (25) feet for any lot of one hundred thousand (100,000) square feet or larger than one hundred thousand (100,000) square feet in size, or ten (10) feet for any lot containing less than one hundred thousand (100,000) square feet. (e) Minimum side yard width shall be the equiv- alent of one (1) foot for each two (2) feet or fraction of building height, except that no side yard shall be less than fifty (50) feet wide for any lot larger than one hundred thousand (100,000) square feet in size. Minimum side yard width shall be the equivalent of one (1) foot for each two (2) feet or fraction of building height, except that no side yard shall be less than twenty (20) feet wide for any lot containing fifty thousand (50,000) square feet through one hundred thousand (100,000) square feet. Minimum side yard width shall be the equiva- lent of one (1) foot for each two (2) feet or fraction of building height, except that no side yard shall be less than five (5) feet for any lot less than fifty thousand (50,000) square feet in size. (Code 1972, § 118-40(B)—(F); Ord. No. 124, 1986, 10-21-86; Ord. No. 88, 1989, § 2, 6-20-89) Sec. 29-94. Farm animals. Notwithstanding any provision of the city's an- imal control ordinance, it shall be permissible for farm animals to be kept on any R-E District prop- erty as an accessory use. Farm animals shall in- clude, but not be limited to, chickens, pigs, sheep, goats, horses and cattle. (Code 1972, § 118-40(H)) Secs. 29-95-29-110. Reserved. 1 29.111 FORT COLLINS CODE Subdivision C. R-F Foothills Residential District (5) Minimum side yard width shall be fifty (50) feet. F c. 29-111. Purpose. (Ord. No. 123, 1986, § 118-39(B)-4F), 10.7.86) The R-F Foothills Residential District designa- tion is for low density residential areas located near the foothills. 'Ord. No. 123, 1986, § 118-39, 10-7-86) Sec. 29.112. Uses permitted. The following uses are permitted in the R-F District: Single-f. :ily dwc f lings. i Public and private schools for elementary and high school education. (3) Public and nonprofit quasi -public recreational uses as a principal use. (4) Churches. (5) Essential public utility and public service installations and facilities for the protec- tion and welfare of the surrounding area, provided business offices and repair and storage facilities are not included. (6) Group homes, subject to approval by spe- cial review. (7) Accessory build.,,Ts and uses, except home occupations. (Ord. No. 123, 1986, § 118-39(A), 10.7.86) Sec. 29.113. Bulk and area requirements. The area requirements in the R-F District are as follows: (1) Minimum lot area shall not be less than two and twenty-nine one -hundredths (2.29) acres. (2) Minimum lot width shall be two hundred (200)feet. (3) `-linimum depth of the front yard shall be ,nixty (60) feet. (4) Minimum depth of the rear yard shall be fifty (50) feet. Supp. No. 17 Sec. 29.114. Maximum topographic limitation of development. No elevation of any building built on a lot in the R-F District shall extend above five thousand two hundred fifty (5,250) feet mean sea level. (Ord. No. 123, 1986, § 118-39(G), 10.7-86) Sec. 29.115. Farm animals. Notwithstanding any provision of the city's an- imal control ordinance, it ;hall be permissible for farm animals to be Inept on any R-F District prop- erty as an accessory use. Farm animals shall in- clude, but not be limited to, chickens, pigs, sheep, goats, horses and cattle. (Ord. No. 123, 1986, § 118-39(H), 10.7.86) Sec. 29.116. Cluster Development Plan. Development of areas in the R-F District as a Cluster Development Plan, subject to approval by special review of the Planning and Zoning Board may vary the requirements of this Subdivision, providing the following basic regulation are enforced: 1994 (1) Only the uses listed in § 29-112 are allowed (2) The overall gross density of residential units on the Cluster Development Plan is not greater than one (1) unit per acre, the units are clustered together in the portion of the property designated on the plan for resi- dential use at a density of three (3)to five (5) units per acre and the remainder of the property is permanently preserved as open space through dedication of ownership, if acceptable to the city, or placement of an appropriate easement granted to the city with such restrictive provisions and future interests as may be necessary to ensure the continuation of the open space use intend- ed. As a condition of approval of the Clus. ter Development Plan, the city may require the property owners to maintain the dedi. § 29-118 FORT COLLINS CODE (6) Any land use located on a Planned Unit De- (7) All exterior walls of a building that are velopment Plan as defined, processed and greater than six (6) feet in length shall be approved according to § 29-256. constructed parallel to or at right angles to (Ord. No. 111, 1991, § 1, 10-1-91; Ord. No. 68, the side lot lines of the lot whenever the lot 1992, § 1, 7-7-92) is rectilinear in shape. Sec.29-119. Bulk, area, appearance and location requirements. The bulk and area requirements in the N-C-L District are as follows: (1) Minimum lot area shall be equivalent to at least three (3) times the total floor area of the building(s), but not less than six thou- sand (6,000) square feet. For the purposes of this subsection, total floor area shall mean the total gross floor area of all principal buildings, and of all accessory buildings larger than one hundred twenty (120) square feet, located on a lot, as measured along the outside walls of each building, including each finished or unfinished floor level, but not in- cluding open balconies or basements. (2) Minimum lot width shall be forty (40) feet. (3) Minimum front yard depth shall be fifteen (15) feet. Setbacks from garage doors to the backs of public walks shall not be less than twenty (20) feet. (4) Minimum depth of rear yard shall be five (5) feet to an existing alley or otherwise fifteen (15) feet. (5) Minimum side yard width shall be five (5) feet for all interior side yards. Whenever any portion of a wall or building exceeds eigh- teen (18) feet in height, such portion of the wall or building shall be set back from the interior side lot line an additional one (1) foot, beyond the minimum required, for each two (2) feet or fraction thereof of wall or building height that exceeds eighteen (18) feet in height. Minimum side yard width shall be fifteen (15) feet on the street side of any corner lot. (6) Maximum building height shall be thirty (30) feet. (8) The primary entrance to a dwelling shall be located along the front wall of the building, unless otherwise required for handicap ac- cess. Such entrance shall include an architec- tural feature such as a porch, landing or por- tico. (9) Accessory buildings and attached garages shall have a front yard setback that is at least ten (10) feet greater than the front set- back of the principal building that is located on the front portion of the lot. (10) A rooftop or second floor addition shall not overhang the lower front or side exterior walls of the existing building. (11) Any new dwelling that is proposed to be constructed between the back of an existing dwelling and the rear property line of the lot on which both dwellings will be located shall contain a maximum of eight hundred (800) square feet of floor area. Such new dwelling may be located in any area of the rear portion of such lot provided that it complies with the setback requirements of this zoning district. (12) Front porches shall be limited to one (1) story, and the front facades of all one- and two-family dwellings shall be no higher than two (2) stories. (13) In the event that a new dwelling is proposed to be constructed on the rear portion of a lot which has frontage on two (2) streets and an alley, the front of such new dwelling shall face the street. (14) The minimum pitch of the roof of any build- ing shall be 2:12 and the maximum pitch of the roof of any building shall be 12:12, ex- cept that additions to existing dwelling units may be constructed with a pitch that matches any roof pitch of the existing dwelling unit. Supp. No. 39 1996 ZONING, ANNEXATION AND DEVELOPMENT OF LAND (15) A maximum of forty (40) percent of the front yard of a lot may be covered with in- organic material such as asphalt or cement concrete, paving stone, flagstone, rock or gravel. (Ord. No. 111, 1991, § 1, 10-1-91; Ord. No. 14, 1996, §§ 2-5, 2-20-96) Sec. 29-120. Site plan requirements. Permitted uses, listed in § 29-118(4), shall re- quire that a site plan, landscape plan, building el- evations and other supporting documentation complying with § 29-526(G) shall be submitted to and approved by the Planning and Zoning Board. Upon receipt of a complete application, the Direc- tor of Planning shall schedule the application for the next Planning and Zoning Board hearing. In conducting the review and making a decision, the Planning and Zoning Board shall determine whether the proposed development conforms to § 29.526(D), Activity A, "All Development Crite- ria" of the Code, the Design Standards for the neighborhood planning area, and the standards for any applicable historic district or structure. If the proposed development conforms, it shall be approved; if the proposed development does not conform, it shall be denied. (Ord. No. 111, 1991, § 1, 10-1-91; Ord. No. 68, 1992, § 2, 7-7-92) Sec. 29-121. Planned Unit Developments. Development of areas in the N-C-L District as a Planned Unit Development plan as defined, pro- cessed and approved according to § 29-526 may not vary the requirements of this Subdivision. (Ord. No. 14, 1996, § 6, 2-20-96) Secs.29-122-29-130. Reserved. Subdivision E. R-L Low Density Residential District' Sec.29-131. Purpose. The R-L Low Density Residential District desig- nation is for low density residential areas located throughout the city. (Code 1972, § 118-41) *Cross mfemnee—Sign regulations, § 29-591 et seq. Sec. 29-132. Uses permitted. § 29-133 The following uses are permitted in the R-L Dis- trict: (1) Single-family dwellings. (2) Public and private schools for elementary and high school education. (3) Public and nonprofit quasi -public recre- ational uses as a principal use. (4) Essential public utility and public service in- stallations and facilities for the protection and welfare of the surrounding area, pro- vided that business offices and repair and storage facilities are not included. (5) Churches. (6) Group homes, subject to approval by special review. (7) Accessory buildings and uses. (8) Any land use located on a Planned Unit De- velopment plan as defined, processed and approved according to § 29-526. (Code 1972, § 11841(A)) Sec. 29-133. Area requirements. The area requirements in the R-L District are as follows: (1) Minimum lot area shall be the equivalent of three (3) times the total floor area of the building but not less than six thousand (6,000) square feet. (2) Minimum lot width shall be sixty (60) feet for a single-family dwelling and one hun- I Supp. No. 39 1996.1 [The next page is 1997] No Text ZONING, ANNEXATION AND DEVELOPMENT OF LAND dred (100) feet for the uses set forth in § 29-132(2), (3) and (5) above. (3) Minimum depth of the front yard shall be twenty (20) feet. (4) Minimum depth of the rear yard shall be fifteen (15) feet. (5) For residential uses, the minimum side yard width shall be fifteen (15) feet on the street side of any corner lot and five (5) feet for all interior side yards. For all other uses, the minimum side yard width shall be the equiva- lent of one (1) foot for each three (3) feet or fraction thereof of building height, provided that for school or church uses no side yard shall be less than twenty-five (25) feet wide. (Code 1972, § 118.41(B)—(F)) Sec. 29.134. Planned Unit Developments. Development of areas in the R-L District as a Planned Unit Development plan as defined, pro- cessed and approved according to § 29.526 may vary the requirements of this Subdivision. (Code 1972, § 118.41(G)) Secs. 29.135-29-145. Reserved. Subdivision F. R-L-P Low Density Planned Residential District Sec. 29-146. Purpose. The R-L-P Low Density Planned Residential Dis- trict is for areas planned as a unit to provide variation in use, density and building placement. (Code 1972, § 118.41.1) Sec. 29.147. Uses permitted. The uses permitted in the R-L-P District are as follows: (1) Any use permitted in the R-L Low Density Residential District, subject to any use re- quirement specified for the R-L District. ) Any land use located on a Planned Unit Development plan as defined, processed and approved according to § 29.526. (Code 1972, § 118-41.1(A)) § 29.163 Sec. 29.148. Bulk and area requirements. The minimum area of lots, minimum width of lots, minimum front yard, minimum rear yard and minimum side yard requirements shall be the same as specified for the R-L Low Density Residential District. (Code 1972, § 118-41.1(B)) Sec. 29-149. Planned Unit Developments Development of areas in the R-L-P District as a Planned Unit Development plan as defined, pro- cessed and approved according to § 29.526 may vary the requirements of this Subdivision. (Code 1972, § 118.41.1(C)) Secs. 29.150-29.160. Reserved. Subdivision F.1. R-L M Low Density Multifamily District Sec. 29-161. Purpose. The R-L-M Low Density Multifamily District is for areas containing low density multifamily uses. (Code 1972, § 11842) Sec. 29-162. Uses permitted. The uses permitted in the R-L-M District are as follows: (1) Any use permitted in the R-L Low Density Residential District, subject to all use re- quirements specified for the R-L District. (2) Two-family dwellings and multifamily dwell- ings up to and including four -family units. (3) Any land use located on a Planned Unit Development plan as defined, processed and approved according to § 29-526. (Code 1972, § 118.42(A)) Sec. 29.163. Bulk and area requirements. The area requirements in the R-L-M District are as follows: Supp. No. 19 1997 (1) Minimum lot area shall be the equivalent of three (3) times the total floor area of the buildings, but not less than six thousand (6,000) square feet for a single-family or two-family dwelling and not less than nine § 29.163 FORT COLLINS CODE thousand (9,000) square feet for a multi- family dwelling. (2) Minimum lot width shall be sixty (60) feet for a single-family or two-family dwelling, seventy-five (75) feet for a multifamily dwell- ing and one hundred (100) feet for a school or church. (3) Minimum depth of the front yard shall be twenty (20) feet. (4) Minimum depth of the rear yard shall be fifteen (15) feet. (5) For single-family or two-family dwellings, the minimum side yard shall be fifteen (15) feet on the street side of any corner lot and five (5) feet on all interior side yards. For all other uses, the minimum side yard width shall be the equivalent of one (1) foot for each three (3) feet or fraction thereof of building height, provided that all residen- tial uses, except single-family and two-family dwellings, shall require a side yard on the street side of any corner lot of not less than fifteen (15) feet and on all interior sides of not less than five (5) feet, and for school or church uses, no aide yard shall be less than twenty-five (25) feet wide. (Code 1972, § 118.42(B)-4F)) Sec. 29.164. Planned Unit Developments. Development of areas in the R-1rM District as a Planned Unit Development plan as defined, pro- cessed and approved according to § 29-526 may vary the requirements of this Subdivision. (Code 1912, § 118.42(G)) Subdivision G. N•C M Neighborhood Conservation Medium Density District Sec. 29-165. Purpose. The N-C-M Neighborhood Conservation Medium Density District designation is to preserve the character of areas that have a predominance of developed single-family and low- to medium - density multifamily housing and have been given this designation in accordance with an adopted neighborhood plan. (Ord. No. 111, 1991, § 2, 10-1.91) Sec. 29.166. Uses permitted. The following uses shall be permitted in the N-C-M District: (1) Single-family dwellings. (2) Two-family dwellings, provided no struc- tural additions or exterior alterations are made to the existing building or the dwell- ings are constructed on a vacant lot or a parcel which.did not contain a structure at the time of the adoption of this Section. (3) Accessory buildings and uses. (4) Essential public utility and public service installations and facilities for the protec- tion and welfare of the surrounding area, provided that business offices and repair and storage facilities are not included. (5) Churches. (6) Child-care centers. (7) The following uses are permitted within the N-GM district, provided that the intended uses are shown on a site plan submitted to and approved by the Director of Planning: a. Multifamily dwellings up to four (4) units provided no structural additions or exterior alterations are made to the existing building, or the dwellings are constructed on a vacant lot or a parcel which did not contain a structure at the time of the adoption of this Section. b. Public and nonprofit quasi -public rec- reational uses as a principal use. c. Group homes. (8) The following uses are permitted in the N•C-M district, provided that the intended uses are shown on a site plan submitted to and approved by the Planning and Zoning Board: a. Two-family and multifamily dwellings up to four (4) units which propose struc- tural additions or exterior alterations to the existing building, or the dwell- ings are to be constructed on a lot or parcel which contained a structure at the time of the adoption of this Section. Supp. No. 19 1998 ZONING, ANNEXATION AND b. Public and private schools for elemen- tary and high school education. (9) Any legally permissible use which existed on a parcel of property as of the effective date of the ordinance that placed such parcel of property into this zoning district, provided that such permitted use shall be limited to such parcel of property. (10) Any land use located on a Planned Unit De- velopment plan as defined, processed and approved according to § 29-526. (Ord. No. 111, 1991, § 2, 10-1-91; Ord. No. 68, 1992, §§ 3-5, 7-7-92) Sec.29-167. Bulk, area, appearance and location requirements. The bulk and area requirements for the N-C-M District are as follows: (1) Minimum lot area shall be the equivalent of two (2) times the total floor area of the building(s), but not less than the following: five thousand (5,000) square feet for a one - family or two-family dwelling and six thou- sand (6,000) square feet for all other uses. For the purposes of this subsection, total floor area shall mean the total gross floor area of all principal buildings, and of all ac- cessory buildings larger than one hundred twenty (120) square feet, located on a lot, as measured along the outside walls of each building, including each finished or unfin- ished floor level, but not including open bal- conies or basements. (2) Minimum lot width shall be forty (40) feet for a one -family or two-family dwelling and fifty (50) feet for all other uses. (3) Minimum front yard depth shall be fifteen (15) feet. Setbacks from garage doors to the backs of public walks shall not be less than twenty (20) feet. (4) Minimum rear yard depth shall be five (5) feet from existing alleys, fifteen (15) feet in all other conditions. OF LAND § 29.167 (5) Minimum aide yard width shall be five (5) feet for all interior side yards. Whenever any portion of a wall or building exceeds eigh- teen (18) feet in height, such portion of the wall or building shall be set back from the interior side lot line an additional one (1) foot, beyond the minimum required, for each two (2) feet or fraction thereof of wall or building height that exceeds eighteen (18) feet in height. Minimum side yard width shall be fifteen (15) feet on the street side of any corner lot. Notwithstanding the forego- ing, minimum side yard width for school and church uses shall be twenty-five (25) feet (for both interior and street sides). (6) Maximum building height shall be thirty (30) feet. (7) All exterior walls of a building that are greater than six (6) feet in length shall be constructed parallel to or at right angles to the side lot lines of the lot whenever the lot is rectilinear in shape. (8) The primary entrance to a dwelling shall be located along the front wall of the building, unless otherwise required for handicap ac- cess. Such entrance shall include an architec- tural feature such as a porch, landing or por- tico. (9) Accessory buildings and attached garages shall have a front yard setback that is at least ten (10) feet greater than the front set- back of the principal building that is located on the front portion of the lot. (10) A rooftop or second floor addition shall not overhang the lower front or side exterior walls of the existing building. (11) Any new dwelling that is proposed to be constructed between the back of an existing dwelling and the rear property line of the lot on which both dwellings will be located shall contain a maximum of eight hundred (800) square feet of floor area. Such new dwelling may be located in any area of the Supp. No. 39 1999 TABLE OF CONTENTS CHAPTER29 ZONING, ANNEXATION AND DEVELOPMENT OF LAND Articles: L In General Sec. 29-1 Sec. 29-2 Sec. 29-3 Sec. 29-4 Sec. 29-5 Sec. 29-6 Sec. 29-7 Sec. 29.8 Sec. 29-9 Sec. 29-10 Sec. 29-11 i Definitions Interpretation and application Development review fees Methods of enforcement Permits and certificate of occupancy Inspection Criminal liability Liability of city and it junction Enforcement of performance standards in industrial developments Permit and consent of neighbors required for mineral excavations Permit and consent of neighbors required for brick manufacture H. Procedure for Annexation of Land Sec. 29-21 Compliance with state law Sec. 29-22 Petitions for annexation and annexation plats Sec. 29-23 Hearing and report by Planning and Zoning Board HL Zoning Div.1 Generally Reserved Div.2 Administration Sec. 2941 Zoning Board of Appeals; duties and powers Sec. 2942 Applications and appeals procedure Sec. 2943 Amendments to Zoning District Map Sec. 29.44 Special procedures for amendments See.29-45 Conditional zoning Div.3 Regulations Subdivision A Generally Sec. 29-71 Establishment of zoning districts Sea 29-72 Zoning District Map; district boundaries Sec.29-73 Adoption of schedules Sec. 29-74 Application of regulations Sec. 29-75 Changes to permitted uses Subdivision B. R-E Estate Residential District See.29-91 Purpose Sec. 29-92 Uses permitted Sec. 29-93 Bulk and area requirements Sec. 29-94 Farm animals Supp. No. 39 1977 § 29.167 FORT COLLINS CODE J rearportion of such lot provided that it complies with the setback requirements of this zoning district. (12) Front porches shall be limited to one (1) story, and the front facades of all one- and two-family dwellings shall be no higher than two (2) stories. (13) In the event that a new dwelling is proposed to be constructed on the rear portion of a lot which has- frontage on two (2) streets and an alley, the front of such new dwelling shall face the street. (14) The minimum pitch of the roof of any build- ing shall be 2:12 and the maximum pitch of the roof of any building shall be 12:12, ex- cept that additions to existing dwelling units may be constructed with a pitch that matches any roof pitch of the existing dwelling unit. (15) A maximum of forty (40) percent of the front yard of a lot may be covered with material such as asphalt or cement concrete, paving stone, flagstone, rock or gravel. (Ord. No. 111, 1991, § 2, 10-1-91; Ord. No. 179, 1993, § 3, 12-21-93; Ord. No. 14, 1996, §§ 7-10, 2- 20-96) Editor's note -Ord. No. 180, 1994, continues the effect of § 29-167 through May 31, 1995. Ord. No. 56, 1995, continues the effect of § 29-167 through June 30, 1995. Ord. No. 81, 1996, continues the effect of § 29-167 through September 15, 1995. Ord. No. 114, 1995, continues the effect of § 29-167 through March 1, 1996, Ord. No. 14, 1996, amends § 29-167 and extends effectiveness until evaluation on or before February Z 1997. Sec. 29-168. Site plan requirements. Permitted uses listed in § 29-166(7) and (8) shall require that a site plan, landscape plan, building elevations and other supporting documentation complying with § 26-526(G) shall be submitted to the Director of Planning. Upon receipt of a com- plete application, the Director shall schedule the application for the next administrative review hearing or Planning and Zoning Board hearing whichever is applicable. The Director of Planning shall hold a public hearing in the Director's office on the first and third Thursday of each month, at 1:30 p.m., for the purpose of approving, disapproving or approv- ing with conditions the proposed development. The Director may refer any proposed development qualifying for administrative review to the Plan- ning and Zoning Board for final decision of ap- proval, disapproval or approval with conditions. . In conducting the review and making a decision, the Director of Planning or the Planning and Zon- ing Board shall determine whether the proposed development conforms to § 29-526(D), Activity A, 'All Development Criteria' of the Code, the Design Standards for the neighborhood planning area, and the standards for any applicable historic dis- trict or structure. If the proposed development conforms, it shall be approved; if the proposed de- velopment does not conform, it shall be denied. (Ord. No. 111, 1991, § 2, 10-1-91; Ord. No. 68, 1992, § 6, 7-7-92) Sec. 29-169. Planned Unit Developments. Development of areas in the N-C-M District as a Planned Unit Development plan as defined, pro- cessed and approved a000rding to § 29-526 may not vary the requirements of this Subdivision. (Ord. No. 14, 1996, § 11, 2-20-96) Sees.29-170-29-175. Reserved. Subdivision H. R-M Medium Density Residential District Sec.29-176. Purpose. The R M Medium Density Residential District is for areas containing both low density and medium density residential uses. (Code 1972, § 11843) Sec. 29-177. Uses permitted. The uses permitted in the R-M District are as follows: (1) Single-family dwellings. (2) Two-family dwellings. *Cross reference -Sign regulations, § 29-591. Supp. No. 39 2000 ZONING, ANNEXATION AND DEVELOPMENT OF LAND § 29-178 (3) Multifamily dwellings. (4) Public and private schools for elementary and high school education. (5) Churches and uses providing meeting places and placce for public assembly with inciden- tal office space. (6) Public and nonprofit quasi -public recre- ational uses as a principal use. (7) Essential public utility and public service in- stallations and facilities for the protection and welfare of the surrounding area, pro- vided that business offices and repair and storage facilities are not included. (8) Childcare centers, provided that no child- care center shall be permitted to be located in this zoning district on property which is within one thousand five hundred (1,500) feet of any existing childcare center within the city. For the purpose of this provision, the distance between an existing childcare center and property on which a childcare center is proposed to be built shall be mea- sured in a straight line from the closest point on the boundary line of the property on which the existing child-care center is lo- cated to the closest point on the boundary of the property on which the proposed child- care center is to be located. (9) Group homes. (10) Accessory buildings and uses. (11) Any land use located on a Planned Unit De- velopment plan as defined, processed and approved according to § 29-526. (Code 1972, § 118-43(A)) Sec. 29-178. Bulk and area requirements. The area requirements in the R-M District are as follows: (1) Minimum lot area shall be the equivalent of two (2) times the total floor area of the building, but not less than the following: six thousand (6,000) square feet for a single- family dwelling, two-family dwelling or group home, and nine thousand (9,000) square feet for all other principal uses. (2) Minimum lot width shall be sixty (60) feet for a single-family or two-family dwelling, seventy-five (75) feet for a multifamily dwelling or children's center and one hun- dred (100) feet for the uses set forth in § 29- 177(4), (5) and (6). (3) Minimum front yard depth shall be fifteen (15) feet. (4) Minimum rear yard depth shall be fifteen (15) feet. (5) For single-family or two-family dwellings, the minimum side yard shall be fifteen (15) feet on the street side of any corner lot and five (5) feet on all interior side yards. For all other uses, the minimum side yard width shall be the equivalent of one (1) foot for each three (3) feet or fraction thereof of building height. All residential uses, except single-family and two-family dwellings shall require a side yard on the street side of any corner lot of not less than fifteen (15) feet and on all interior sides of not less than five (5) feet. For school or church uses, no side yard shall be less than twenty-five (25) feet wide. (Code 1972, § 118-43(B)—(F); Ord. No. 3, 1988, § 4, 1-19-88) 8upp. No. 39 2000.1 [The next page is 2001] ZONING, ANNEXATION AND DEVELOPMENT OF LAND Sec. 29.179. Use conversions. The conversion from one use to any use per- mitted in this district other than to a single-family or two-family dwelling, church, or group home shall require a Site Plan Design Supplemental Review and approval by the Planning and Zoning Board according to Article III, Division 4, Subdi• vision G of this Chapter, provided that the appli- cant may request administrative review and ap- proval under § 29.521 if the proposed conversion will not: (1) add more than twenty-five (25) percent of new habitable floor area to existing build. ings on site; or (2) eliminate more than ten (10) percent of ex- isting habitable floor area. In conducting the review and making a decision, the Director of Planning or the Planning and Zoning Board shall determine whether the con- version conforms to § 25-526(d), Activity A, "All Development Criteria" of the Code, the Design Standards for the neighborhood planning area, and the standards for any applicable historic district or structure. If the conversion conforms, it shall be approved; if the conversion does not conform, it shall be denied. (Ord. No. 110, 1991, § 1, 10.1-91) Editor's note —Section 1 of Ord. No. 110, 1991, adopted Oct. 1,1991, added a new § 29.179 as herein set out. Formerly, § 29.179 pertained to multifamily dwellings and derived from § 118.43(I) of the 1972 Code. Sec. 29.180. Certain structures. Structures providing meeting places and places of public assembly in the R-M District shall not have more than twenV (20) percent of their total usable floor area devoted to office or other acces• Gory uses. (Code 1972, § 11843(H)) Sec. 29.181. Planned Unit Developments. Development of areas in the R-M District as a Planned Unit Development plan as defined, pro. cessed and approved according to § 29.526 may vary the requirements of this Subdivision. (Code 1972, § 118-43(G)) Secs. 29-182-29.200. Reserved. § 29.202 Subdivision H.1. R-H High Density Residential District Sec. 29-201. Purpose. The R-H High Density Residential District is for areas containing high density residential uses. (Code 1972, § 11844) Sec. 29.202. Uses permitted. The following uses shall be permitted in the R-H District provided that uses in subsections (5) through (20) inclusive shall comply with the land- scapd requirements set forth in § 29.204: (1) Single-family dwellings. (2) Two-family dwellings. (3) Public and private schools. (4) Colleges and universities. (5) Multifamily dwellings. (6) Boarding- and roominghouses. (7) Churches and uses providing meeting places and places for public assembly with inci- dental office space. (8) Fraternity and sorority houses. (9) Hospitals. (10) Standard restaurants. (11) Medical and dental clinics. (12) Membership clubs. (13) Long-term care facilities. (14) Offices and personal service shops. (15) Parking lots and parking garages as a prin. cipal use. (16) Public and nonprofit quasi -public recreational uses as a principal use. (17) Undertaking establishments. (18) Essential public utility and public service installations and facilities for the protec. tion and welfare of the surrounding area, provided that business offices and repair and storage facilities are not included. (19) Child-care centers. $Cross reference —Sign regulations, § 29592. Supp. No. 19 _ 2001 129.202 (20) Tourist homes. (2 1) Group homes. (22) Accessory buildings and uses. FORT COLLINS CODE (23) Any land use located on a Planned Unit Development plan as defined, processed and approved according to § 29526. (Code 1972, § 118.44(A); Ord. No. 3, 1988, § 5, 1-19-88) Sec. 26.203. Bulk and area requirements. The bulk and area requirements in the R-H District are as follows: (1) Minimum lot area shall.be the equivalent: of one-half W the total floor area of the building, but not less than six thousand (6,000) square feet for a single-family dwell- ing, two-family dwelling or group home, nine thousand (9,000) square feet for a mul- tifamily dwelling, church or child-care cen- ter and twelve thousand (12,000) square feet for all other principal uses. (2) Minimum lot width shall be sixty (60) feet for a single-family or two-family dwelling, seventy-five (75) feet for a multifamily dwell- ing or child-care center and one hundred (100) feet for all other principal uses. (3) Minimum front yard width shall be fifteen (15) feet. (4) Minimum rear yard width shall be fifteen (15) feet. (5) Minimum side yard width shall be the equivalent of one (1) foot for each three (3) feet or fraction thereof of building height except that no side yard shalt be Iess than five (5) feet in width and single-family and two-family dwellings shall.require no more than five (5) feet of side yard. The min- imum side yard width shall be fifteen (15) feet on the street side of any corner lot. (Code 1972, § 118-44(B)—(F); Ord. No. 3, 1988, § 6, 1.19-88; Ord. No. 117, 1991. § 4, 11-5.91) Sec. 29.204. Use conversions. The conversions from one use to any use per- mitted in this district other than to a single-family or two-family dwelling, church, or group home shall require a Site Plan Design Supplemental Review and approval by the Planning and Zoning Board according to Article III, Division 4, Subdi- vision G of this Chapter, provided that the appli- cant may request administrative review and ap- proval under § 29.521 if the proposed conversion will not: (1) add more than twenty-five (25) percent of new habitable floor area to existing build- ings on site; or (2) eliminate more than ten (10) percent of ex- isting habitable floor area. In conducting the review and making a decision, the Director -of Planning or the. Planning and Zoning Board shall determine whether the con- version conforms to § 25.526(d), Activity A, "All Development Criteria" of the Code, the Design Standards for the neighborhood planning area and the standards for any applicable historic district or structure. If the conversion conforms, it shall be approved; if the conversion does not conform, it shall be denied. (Ord. No. 110, 1991, § 2, 10.1.91) Editor's note —Section 2 of Ord. No. 110, 1991, adopted Oct. 1, 1991, repealed 11 29.204-29.206 and added new pm visions designated of 1 29.204. Formerly, 11 29-204-29.206 pertained to landscape requirements, conversions from resi- dential to nonresidential uses, and multifamily dwellings, re- spectively, and derived from 11 118.440—U), respectively, of the 1972 Code. Section 2 of Ord. No. 110. 1991, further renum- bered 1 29.207 as 1 29.205 herein. Sec. 29.205. Planned Unit Developments. Development of areas in the R-H District as a Planned Unit Development plan as defined, pro- cessed and approved according to § 29.526 may vary the requirements of this Subdivision. (Code 1972, § 118.44(G); Ord. No. 110, 1991, § 2, 10-1.91; Ord. No. 33, 1992, 3-17.92) Secs. 29.206, 29.207. Reserved. Subdivision L N-C-B Neighborhood Conservation Buffer District Sec. 29-208. Purpose.' The N-C-B Neighborhood Conservation Buffer District is for areas that are a transition between Supp. No. 19 ' 2002 ZONING, ANNEXATION AND DEVELOPMENT OF LAND residential neighborhoods and more intensive commercial -use areas or high traffic zones. (Ord. No. 111, 1991, § 3, 10-1-91) Sec: 29-209. Uses permitted. The following uses shall be permitted in the N-C-B District: (1) Single-family dwellings. (2) Two-family dwellings, (3) Multifamily dwellings up to four (4) units, provided that no structural additions or ex- terior alterations are made to the existing building, or the dwellings are constructed on a vacant lot or a parcel which did not con- tain a structure at the time of the adoption of this Section. (4) Boarding, rooming and tourist homes. (5) Churches and uses providing meeting places and places for public assembly with inciden- tal office space. (6) Medical and dental clinics, professional of- fices and personal service shops, provided that no structural additions or exterior al- terations are made to the existing building, or the uses are constructed on a vacant lot or a parcel which did not contain a structure at the time of the adoption of this Section. (7) Essential public utility and public service in- stallations and facilities for the protection and welfare of the surrounding area, pro- vided that business offices and repair storage facilities are not included. (8) Child care centers. (9) Group homes. (10) Accessory buildings and uses. (11) The following uses are permitted within the N-C-B District, provided that the intended uses are shown on a site plan submitted to and approved by the Director of Planning: § 29.209 a. Multifamily dwellings up to four (4) units which propose structural additions or exterior alterations to the existing building, or the dwellings are to be cen- structed on a lot or parcel which con- tained a structure at the time of adop- tion of this Section. b. Multifamily dwellings greater than four (4) units at up to twenty-four (24) units per acre. a Parking lots and parking garages. d. Public and nonprofit quasi -public recre- ational uses and parks. (12) The following uses are permitted in the N-C-B District, provided that the intended uses are shown on a site plan submitted to and approved by the Planning and Zoning Board: a. Public and private schools for preschool, elementary, high school, college and university education. b. Multifamily dwellings greater than four (4) units greater than twenty-four (24) units per acre. c. Fraternity and sorority houses. d. Medical and dental clinics, professional offices and personal service shops which propose structural additions or exterior alterations to the existing building, or the uses are to be constructed on a lot or parcel which contained a structure at the time of adoption of this Section. e. Undertaking establishments. (13) Any legally permissible use which existed on a parcel of property as of the effective date of the ordinance that placed such par- cel of property into this zoning district, pro- vided that such permitted use shall be lim- ited to such parcel of property. (14) Any land use located on a Planned Unit De- velopment plan as defined, processed and approved according to § 29-526. (Ord. No. 111, 1991, § 3, 10-1-91; Ord. No. 68, 1992, § 7, 7-7-92) Supp. No. 39 2003 § 29-210 FORT COLLINS CODE Sec.29-216. Bulk, area, appearance and Cn All exterior walls of residential buildings location requirements. that are greater than six (6) feet in length shall be constructed parallel to or at right The bulk and area requirements for the N-C-B angles to the side lot lines of the lot when - District are as follows: ever the lot is rectilinear in shape. (1) Minimum lot area shall be the equivalent to the total floor area of the building(s), but not less than five thousand (5,000) square feet. For the purposes of this subsection, total floor area shall mean the total gross floor area of all principal buildings, and of all ac- cessory buildings larger than one hundred twenty (120) square feet, located on a lot, as measured along the outside walls of each building, including each finished or unfin- ished floor level, but not including open bal- conies or basements. (2) Minimum lot width shall be forty (40) feet for a one -family or two-family dwelling and fifty (50) feet for all other uses. (3) Minimum front yard depth shall be fifteen (15) feet. Setbacks from garage doors to the backs of public walks shall not be less than twenty (20) feet. (4) Minimum rear yard depth shall be five (5) feet from existing alleys, fifteen (15) feet in all other conditions. (5) Minimum side yard width shall be five (5) feet for all interior side yards. Whenever any portion of a wall or building exceeds eigh- teen (18) feet in height, such portion of the wall or building shall be set back from the interior side lot line an additional one (1) foot, beyond the minimum required, for each two (2) feet or fraction thereof of wall or building height that exceeds eighteen (18) feet in height. Minimum side yard width shall be fifteen (15) feet on the street side of any corner lot. Notwithstanding the forego- ing, minimum side yard width for school and church uses shall be twenty-five (25) feet (for both interior and street sides). (6) Maximum building height shall be thirty-five (35) feet. (8) The primary entrance to a dwelling shall be located along the front wall of the building, unless otherwise required for handicap ac- cess, Such entrance shall include an architec- tural feature such as a porch, landing or por- tico. (9) Accessory buildings and attached garages shall have a front yard setback that is at least ten (10) feet greater than the front set- back of the principal building that is located on the front portion of the lot. (10) A rooftop or second floor addition shall not overhang the lower front or side exterior walls of the existing building. (11) Any new dwelling that is proposed to be constructed between the back of an existing dwelling and the rear property line of the lot on which both dwellings will be located shall contain a maximum of eight hundred (800) square feet of floor area. Such new dwelling may be located in any area of the rear portion of such lot provided that it complies with the setback requirements of this zoning district. (12) Front porches shall be limited to one (1) story, and the front facades of all one- and two-family dwellings shall be no higher than two (2) stories. (13) In the event that a new dwelling is proposed to be constructed on the rear portion of a lot which has frontage on two (2) streets and an alley, the front of such new dwelling shall face the street. (14) The minimum pitch, of the roof of any build- ing shall be 2:12 and the maximum pitch of the roof of any building shall be 12:12, ex- cept that additions to existing dwelling units may be constructed with a pitch that matches any roof pitch of the existing dwelling unit. j Supp. No. 39 2004 ZONING, ANNEXATION AND DEVELOPMENT OF LAND (15) A maximum of forty (40) percent of the front yard of a lot may be covered with in- organic material such as asphalt or cement concrete, paving stone, flagstone, rock or gravel. (Ord. No. 111, 1991, § 3, 10-1-91; Ord. No. 14, 1996, §§ 12-15, 2-20-96) Sec. 29.211. Site plan requirements. Permitted uses listed in $ 29-209(11) and (12) shall require that a site plan, landscape plan, building elevations and other supporting docu- mentation complying with § 29-526(G) shall be submitted to the Director of Planning. Upon re- ceipt of a complete application, the Director shall schedule the application for the next administra- tive review hearing or Planning and Zoning Board hearing whichever is applicable. The Director of Planning shall hold a public hearing in the Director's office on the first and third Thursday of each month, at 1:30 p.m., for the purpose of approving, disapproving or approv- ing with conditions the proposed development. The Director may refer any proposed development qualifying for administrative review to the Plan- ning and Zoning Board for final decision of ap- proval, disapproval or approval with conditions. In conducting the review and making a decision, the Director of Planning or the Planning and Zon- ing Board shall determine whether the proposed development conforms to § 29-526(D), Activity A, "All Development Criteria" of the Code, the Design Standards for the neighborhood planning area, and the standards for any applicable historic dis- trict or structure. If the proposed development conforms, it shall be approved; if the proposed de- velopment does not conform, it shall be denied. (Ord. No. 111, 1991, § 3, 10-1-91; Ord. No. 68, 1992, § 8, 7-7-92) See. 29.212. Planned Unit Developments. Development of areas in the N-C-B District as a Planned Unit Development plan as defined, pro- cessed and approved according to § 29-526 may not vary the requirements of this Subdivision. (Ord. No. 14, 1996, § 16, 2-20-96) Sees.29-213-29.220. Reserved. Subdivision J. R-P Planned Residential District* See.29-221. Purpose. § 29-235 The R-P Planned Residential District is for areas planned as a unit to provide a variation in use and building placement. (Code 1972, § 118-45) Sec. 29-222. Uses permitted. The uses permitted in the R-P District are as fol- lows: (1) Any use permitted in the R-L Low Density Residential District, subject to all use re- quirements specified for the R-L District. (2) Any land use located on a Planned Unit De- velopment plan as defined, processed and approved according to § 29-526. (Code 1972, § 11845(A)) See. 29-223. Area requirements. The minimum area of lots, minimum width of lots, minimum front yard, minimum rear yard and minimum side yard, except where specified below, shall be the same as specified for the R-L Low Density Residential District. (Code 1972, § 118-45(B)) See. 29-224. Planned Unit Developments. Development of areas in the R-P District as a Planned Unit Development plan as defined, pro- cessed and approved according to § 29-526 may vary the requirements of this Subdivision. (Code 1972, § 118-45(C)) Secs.29-225-29-235. Reserved. *Cross reference —Sign regulations, § 29.691. Supp. No. 39 2004.1 [The next page is 20051 ZONING, ANNEXATION AND DEVELOPMENT OF LAND § 29-253 Subdivision K. R-M-P Medium Density Planned Subdivision L. M-L Low Density Mobile Home Residential District District* Sec. 29-236. Purpose. The R-M-P Medium Density Planned Residen- tial District is for medium density areas planned as a unit to provide a variation in use and build- ing placements. (Code 1972, § 118-46) Sec. 29-237. Uses permitted. The uses permitted in the R-M-P District are as follows: (1) Any use permitted in the R-L Low Density Residential District, subject to all use re- quirements set forth for the R-L District. (2) Any land use located on a Planned Unit Development plan as defined, processed and approved according to § 29.526. (Code 1972, § 118.46(A)) Sec. 29-238. Bulk and area requirements. The minimum area of lots, minimum width of lots, minimum front yard, minimum rear yard and minimum side yard requirements in the R-M-P District, except where specified in this Subdivi- sion, shall be the same as specified for the R-L Low Density Residential District. (Code 1972, § 118.46(B)) Sec. 29.239. Planned Unit Developments. . Development of areas in the R-M-P District as a Planned Unit Development plan defined, pro- cessed and approved according to § 29-526 may vary the requirements of this Subdivision. (Code 1972, § 11846(C)) Secs. 29.240-29.250. Reserved. Supp. No. 17 Sec. 29.251. Purpose. The M-L Low Density Mobile Home District is for areas for mobile homes. (Code 1972, § 118-50) Sec. 29.252. Uses permitted. The uses permitted in the M-L District are as follows: (1) Any use permitted in the R-L Low Density Residential District, subject to all of the use and density requirements of the R-L District. (2) Mobile home parks containing independent mobile homes not exceeding six (6) housing units per acre with accessory buildings and uses for storage, service and recreation, pro- vided that the plan for such mobile home park is shown on a Planned Unit Devel- opment plan processed, approved and re- corded as provided in § 29-526. (3) Any land use located on a Planned Unit Development plan as defined, processed and approved according to § 29-526. (Code 1972, § 118-50(A)) Sec. 29.253. Bulk and area requirements. The bulk and area requirements in the M-L Dis- trict are as follows: (1) Each mobile home park established in the M-L District shall contain a minimum of eight (8) acres. (2) Each mobile home park established in this district shall contain a minimum width of two hundred (200) feet. In addition, there shall be a minimum width of sixty (60) feet which shall front on a public street to pro- vide access to the mobile home park. (3) Minimum yards in the M-L District are as follows: Cress references —Mobile. homes, Ch. 18; mobile homes and mobile offices may be owupied in location conforming to zoning regulations, § 18-12; sign regulations, § 29-592. 2005 § 29.253 FORT COLLINS CODE a. The minimum distance of any build- ing or mobile home from an exterior lot line of the mobile home park shall be thirty (30) feet. In addition, the min- imum distance of any building or mo- bile home in a mobile home park from any public dedicated street shall be twenty (20) feet. b. The minimum distance allowed be. tween mobile homes or mobile homes and buildings in a mobile home park shall be ten (10) feet. (Code 1972, § 118-50(B)—(D); Ord. No. 117, 1991, § 6, 11.5.91) Secs. 29.254-29.270. Reserved. Subdivision M. M-M Medium Density Mobile Home District* Sec. 29-271. Purpose. The M-M Medium Density Mobile Home Dis- trict is for areas for mobile homes. (Code 1972, § 118.51) Sec. 29.272. Uses permitted. The uses permitted in the M-M District are as follows: (1) Any use permitted in an R-M Medium Den- sity Residential District, subject to all of the use and density requirements of such district. (2) Mobile homes on individual lots subject to all density requirements specified for a single- family dwelling in an R-M Medium Den- sity Residential District. (3) Mobile home parks containing independent mobile homes not exceeding eight (8) units net per acre with accessory buildings and uses for storage, service and recreation. (4) Mobile home parks containing independent mobile homes not exceeding twelve (12) units net per acre with accessory buildings and uses for storage, service and reere:.-.ion, pro - •Cross references —Mobile homes, Ch. 18; mobile homes and mobile offices may be occupied in location conforming to zoning regulations, § 18-12; sign regulations, § 29.592. Supp. No. 17 2006 vided that the plan for such mobile home park is shown on a Planned Unit Devel- opment plan processed, approved and re- corded as provided in § 29-526. (5) Any land use located on a Planned Unit Development plan as defined, processed and approved according to § 29.526. (Code 1972, § 118.51(A)) Sec. 29-273. Bulk and area requirements. The bulk and area requirements in the M-M District are as follows: (1) Each mobile hc:.ze park established in the M-M District shall contain a minimum of five (5) acres. (2) Each mobile home park established in this district shall contain a minimum width of two hundred (200) feet. In addition, there shall be a minimum width of sixty (60) feet which shall front on a public street to pro- vide access to the mobile home park. (3) Minimum yard requirements in this district are as follows: a. The minimum distance of any build- ing or mobile home from any exterior lot line of the mobile home park shall be thirty (30) feet. In addition, the min- imum distance of any building or mo bile home in a mobile home park from any public dedicated street shall be twenty (20) feet. b. The minimum distance allowed be. tween mobile homes or mobile homes and buildings in a mobile home park shall be ten (10) feet. (Code 1972, § 118-51(B)—(D); Ord. No. 117, 1991, § 7, 11.5-91) Secs. 29.274-29.285. Reserved. Subdivision N. B-P Planned Business Districtt Sec. 29.286. Purpose. The B-P Planned Business District designation is for areas planned as a unit to provide business tCross reference —Sign regulations, § 29.593. ZONING, ANNEXATION AND DEVELOPMENT OF LAND § 29-M services while still protecting surrounding resi- (1) Any use permitted in the R-M Medium Den- dential areas. sity Residential District. (Code 1972, § 118-60) • (2) Printing and copying services whose busi- See. 29-287. Uses permitted. aces consists primarily of serving retail cus- The uses permitted in the B-P District are as fol- lows: (1) Any use permitted in the R-M Medium Den- sity Residential District. (2) Any land use located on a Planned Unit De- velopment plan as defined, processed and approved according to § 29-526. (Code 1972, § 118-60(A)) Sec. 29-288. Bulk and area requirements. The minimum area of lots, minimum width of lots, minimum front yard, minimum rear yard and minimum side yard requirements in the B-P Dis- trict shall be the same as specified for the R-M Medium Density Residential District. (Code 1972, § 118.60(B)) Sec. 29-289. Planned Unit Developments. Development of areas in the B-P District as a Planned Unit Development plan as defined, pro- cessed and approved according to § 29-526 may vary the requirements of this Subdivision. (Code 1972, § 118-60(C)) See.29-290-29-300. Reserved. Subdivision O. B-L Limited Business District* Sec. 29-301. Purpose. . The B-L Limited Business District designation is for areas for neighborhood convenience centers. (Code 1972, § 118-61) Sec. 29.302. Permitted uses. The following uses shall be permitted in the B-L District, provided that any use shall be separated from abutting residential zoning districts by a solid fence or wall at least six (6) feet in height, and further provided that any use shall comply with the landscape requirements set forth in § 29- 304: *Cross reference —Sign regulations, § 29-593. le!=-c (3) Banks, savings and loan and finance compa- nies. (4) Standard and fast food restaurants. (5) Indoor theaters. (6) Membership clubs. (7) Offices and clinics. (8) Personal service shops. (9) Retail stores. U 0) Laundry and dry-cleaning retail outlets. (11) Limited indoor recreation uses, provided that all such activities are conducted en- tirely within an enclosed structure. (12) Small animal veterinary clinics. (13) Aquarium shops. (14) Public utility installations, excluding repair and storage facilities. (15) Accessory buildings and uses. (16) Churches provided that such uses comply with the lot area, front yard, rear yard, side yard and off-street parking minimum re- quirements as set forth in § 29-201 et seq. (17) Shopping centers consisting of any of the above uses, subject to being shown on a Planned Unit Development plan as defined, processed and approved according to § 29- 526. (18) Child care centers. (19) Any land use located on a Planned Unit De- velopment plan as defined, processed and approved according to § 29-526. (Code 1972, § 118-61(A); Ord. No. 110, 1991, § 3, 10-1-91; Ord. No. 117, 1991, § 8, 11-5-91) Supp. No. 38 2007 r Subdivision C. R-F Foothills Residential District Sec.29-111 Purpose Sec. 29-112 Use permitted Sec. 29-113 Bulk and area requirements Sec. 29-114 Maximum topographic limitation of development Sea 29.115 Farm animals Sec. 29-116 Cluster Development Plan Subdivision D. N-C-L Neighborhood Conservation Low Density District Sec.29-117 Purpose Sea 29-118 Uses permitted Sea 29-119 Bulk, area, appearance and location requirements Sec. 29-120 Site plan requirements Sea 29-121 Planned Unit Developments Subdivision E. R-L Low Density Residential District Sec.29-131 Purpose Sec. 29-132 Uses permitted Sec. 29-133 Area requirements Sec. 29-134 Planned Unit Developments Subdivision F. R-L-P Low Density Planned Residential District See.29.146 Purpose Sec. 29-147 Uses permitted Sec. 29-148 Bulk and area requirements Sea 29-149 Planned Unit Developments Subdivision F.1. R-L-MLow Density Multifamily District ) See.29-161 Purpose Sec. 29-162 Uses permitted Sec. 29-163 Bulk and area requirements Sec. 29-164 Planned Unit Developments Subdivision G. N-C-M Neighborhood Conservation Medium Density District Sec.29-165 Purpose Sec. 29-166 Uses permitted Sec. 29-167 Bulk, area, appearance and location requirements Sec. 29-168 Site plan requirements Sec. 29-169 Planned Unit Developments Subdivision H. R-M Medium Density Residential District Sec.29-176 Purpose Sec. 29.177 Uses permitted Sec. 29-178 Bulk and area requirements Sec. 29-179 Use conversions Sec.29-180 Certain structures Sec. 29-181 Planned Unit Developments Subdivision H.1. R-H High Density Residential District Sec.29-201 Purpose Sec. 29-202 Uses permitted Sec. 29-203 Bulk and area requirements Sec. 29-204 Use conversions Sec. 29-205 Planned Unit Developments /1 Supp. No. 39 1978 § 29-303 FORT COLLINS CODE Sea 29-303. Bulk and area requirements. The minimum lot area in the B-L District shall be two (2) times the total floor area of the build- ing. Minimum lot width shall be seventy-five (75) feet. Minimum yard depth shall be twenty (20) feet from an alley or zoning district line. (Code 1972, § 116-61(B)—(D); Ord. No. 3, 1988, $ 7, 1-19-88) Sec. 29-304. Landscape requirements. (a) Any use in the B-L District shall require that a landscape plan complying with § 29.526(G)(4)(c) shall be submitted to and approved by the Direc- tor of Planning. The Director of Planning shall take action to approve or disapprove any such plan utilizing Criteria 2.13 of § 29-526(D), Activ- ity A, 'All Development Criteria,' within fourteen (14) days after the plan is submitted to the Direc- tor of Planning. Appeals from the decision of the Director of Planning may be taken by any party - in -interest to the Planning and Zoning Board by the filing of a notice of appeal with the Director of Planning in accordance with rules and procedures established in $$ 2-48 and 249 of the Code. In the event of such an appeal, the Planning and Zoning Board shall conduct a new hearing on the Plan, and after the hearing, the Plan shall either be ap- proved, disapproved or approved with conditions. Any party -in -interest may further appeal the deci- sion of the Planning and Zoning Board to the City Council by the filing of a notice of appeal with the City Clerk in accordance with the provisions of Chapter 2, Article II, Division 3 of the Code. (b) No occupancy permit for any development in the B-L District shall be issued unless all land- scaping in the development has been installed in accordance with an approved landscape plan for such development. If such landscape installation has not been completed, an occupancy permit may be issued upon receipt by the Financial Officer of a cash deposit, landscape bond, letter of credit or other satisfactory guarantee in an amount equal to the estimated cost of the landscaping improve- ments to be installed. The amount of such guaran- tee shall be sufficient to cover the coat of the in- stallation of all landscaping which is shown on the approved landscape plan and which has not yet been installed. In the absence of an executed con- trail to install such landscaping, landscape mat estimates shall be determined by a city approved appraisal. The cash deposit, bond, letter of credit or other guarantee shall be released.upon certifi- cation by the Building Permits and Inspections Administrator that the required landscape instal- lation has been completed. (Code 1972, $ 118-61(E); Ord. No. 110, 1991, § 1, 10-1-91; Ord. No. 176, 1993, § 1, 1-4-94) Sea 29-305. Planned Unit Developments Development of areas in the B-L District as a Planned Unit Development plan as defined, pro- cessed and approved acoording to § 29-526 may vary the requirements of this Subdivision. (Code 1972, § 118.61(F) Sees.29-306-29-310. Reserved. Subdivision 0.1. H-C Highway Commercial District Sea 29-311. Purpose. The H-C Highway Commercial District is for high traffic commercial corridors where a range of uses is encouraged to create a transition from commercial operations on a highway, major arte- rial street or rail spur, to less intensive use areas or residential neighborhoods. This designation is only for areas identified for its application in an area plan adopted as part of the Comprehensive Plan. (Ord. No. 168, 1995, § 3, 1-2-96) Sec. 29-312. Uses permitted. The uses permitted in the H-C District are as fol- lows:. (1) Commercial operations; vehicle and equip- ment sales*, rental', servicing and repair, supply yard uses and nurseries, except: *Automobile sales and rental uses shall be limited to ten (10) percent of the total linear frontage of both sides of North College Avenue between Vine Drive and the northern city limits or the intersection of North College Avenue and State highway 1, whichever results in the shortest linear distance. Supp. No. 38 2008 ZONING, ANNEXATION AND DEVELOPMENT OF LAND a. Uses which consist of the sale, storage, servicing or repair of mobile homes, large excavation equipment, farm im- plements or other similar heavy equip- ment or structures. b. Truck stops. c. Warehouses and storage facilities within two hundred (200) feet of a ma- jor arterial street right-of-way. (2) Light industrial uses as described in § 29- 367(1). (3) Workshop and custom small industry uses, meaning the production of goods by hand, manufacturing involving hand tools and small-scale equipment, small engine repair, appliance repair, bicycle repair, furniture making and restoring, upholstering, custom car or motorcycle restoring and other similar uses. (4) Studio uses including places of work by artists, photographers or other artisans. (5) Hotels, motels and tourist homes. (6) Personal service shops, business services, of- fices, banks, clinics and child care centers. (7) Public and private vocational and technical schools and other similar training or instruc- tional services or facilities. (8) Public and semipublic facilities and services, including places of worship, libraries, emer- gency services, parks and recreational uses and other similar uses. (9) Limited indoor recreational uses and indoor theaters, except adult amusement and enter- tainment. (10) Retail stores. (11) Fast food and standard restaurants. (12) Multifamily, two-family, and single-family residential uses except within two hundred (200) feet of a major arterial street right-of- way. § 29314 (13) Group homes except within two hundred (200) feet of a major arterial right-of-way. (14) Mixed use developments consisting of any of the above uses designed as a unit within a single parcel or building. . (15) Drive-in restaurants subject to being shown on a Planned Unit Development plan as de- fined, processed and approved according to § 29-526. (16) Shopping centers subject to being shown on a Planned Unit Development plan as de- fined, processed and approved according to § 29-526. (17) Any legally permissible use which existed on a parcel of property as of the effective date of the ordinance that placed such par- cel of property into this zoning district, pro- vided that such permitted use shall be lim- ited to such parcel of property. (18) Accessory buildings and uses. (19) Any land use located on a Planned Unit De- velopment plan as defined, processed and approved according to § 29-526. (Ord. No. 168, 1995, § 3, 1-2-96) Sec. 29-313. Design standards. All development in the H-C Highway Commer- cial District shall comply with any applicable de- sign standards prepared and adopted by the city. Any development of areas in this District as a Planned Unit Development pursuant to § 29-526 shall comply with any such applicable design standards. (Ord. No. 168, 1995, § 3, 1-2-96) Sec, 29-314. Review requirements. Permitted uses listed in § 29312(1) through (14) inclusive, and single expansions or successive ex- pansions applied for within a two-year period that total more than ten (10) percent of the existing gross floor area of the affected building prior to Supp. No. 38 2008.1 § 29-314 FORT COLLINS CODE such expansion(s), or that total more than one (7) Group homes. thousand (1,000) square feet of gross floor area (whichever is less), shall require design review of (8) Standard and fast food restaurants, limited permitted uses as set forth in § 29520, et seq. indoor recreational uses and indoor theaters, (Ord. No. 168, 1995, § 3, 1-2-96) except adult amusement and entertainment. Subdivision 0.2. B-C Business Center District See.29-315. Purpose. The B-C Business Center District is for fringes of retail/commermal core areas and corridors. This District is for moderate intensity now that are supportive of the commercial core or corridor, and that help to create a transition and a link between the commercial areas and surrounding residential areas. This designation is only for areas identified for its application in an area plan adopted as part of the Comprehensive Plan. (Ord. No. 168, 1995, § 4, 1-2-96) Sec. 29-31& Uses permitted. The uses permitted in the B-C District are as fol- lows: (1) Light industrial uses as described in § 29- 367(1). (2) Workshop and custom small industry uses, meaning the production of goods by hand, manufacturing involving hand tools and small-scale equipment, small engine repair, appliance repair, bicycle repair, furniture making and restoring, upholstering, custom car or motorcycle restoring and other similar uses. (3) Studio uses including places of work by artists, photographers or other artisans. (4) Multifamily, two-family and single-family residential uses with a minimum density of five (5) dwelling units per acre calculated on a gross residential acreage basis for any de- velopment project. Single-family housing shall be limited to a maximum of forty (40) percent of the district area. (5) Hotels, motels and tourist homes. (6) Personal service shops, business services, banks, offices, clinics and childcare centers. (9) Retail stores. (10) Public and semipublic facilities and services, including places of worship, libraries, emer- gency services, parks and recreational uses and other similar uses. U1) Public and private schools. (12) Parks and recreational uses. (13) Mixed use developments consisting of any of the above uses designed as a unit within a single parcel or building. (14) Any legally permissible use which existed on a parcel of property as of the effective date of the ordinance that placed such par- cel of property into this zoning district, pro- vided that such permitted use shall be lim- ited to such parcel of property. (15) Accessory buildings and uses. (16) Any land use located on a Planned Unit De- velopment plan as defined, processed and approved according to § 29-526. (Ord. No. 168, 1995, § 4, 1-2-96) See. 29-317. Design standards. All developments in the B-C Business Center District shall comply with any applicable design standards prepared and adopted by the city. Any development of areas in this District as a Planned Unit Development pursuant to § 29526 shall comply with any such applicable design standards. (Ord. No. 168, 1995, § 4, 1-2-96) Sec. 29-318. Review requirements. Permitted uses listed in § 29.316(1) through (13) inclusive, and single expansions or successive ex- pansions applied for within a two-year period that total more than ten (10) percent of the existing gross floor area of the affected building prior to Supp. No. 38 2008.2 ZONING, ANNEXATION AND DEVELOPMENT OF LAND § 29-M such eapansion(s), or more than one thousand (1,000) square feet of gross floor area (whichever is less), shall require design review of permitted uses as set forth in § 29-520 et seq. (Ord. No. 168,1995, § 4, 1-2-96) Sew.29-319-29-320. Reserved. Sabdiuision P. H-B Highway Business Dishict* Sec.29-321. Purpose. The H-B Highway Business District is for automobile -oriented businesses. Code 1972, § 118-62) Sec. 29-322. Uses permitted. The following uses shall be permitted in the H-B District, provided that any use permitted in this district shall be separated from abutting residen- tial zoning districts by a fence or. a hedge at least six (6) feet in height which effectively screens the view on a year-round basis, and all uses shall pro- vide adequate fencing to control blowing debris: (1) Any uses permitted in the R-M Medium Den. sity Residential District, provided that any such use complies with all of the use re- quirements of such district, except that the minimum area of lot provision of this district shall be applicable. (2) Public utility installations, excluding repair and storage facilities. *Crow reference —Sign regulations, § 29.593. Supp. No. 38 2008.3 [The next page is 20091 ZONING, ANNEXATION AND DEVELOPMENT OF LAND (3) Any use permitted in the B-L Limited Busi- ness District, not located in a shopping cen- ter, subject to the following requirements: a. The yard and parking requirements of the B-L Limited Business District shall be applicable. b. The landscape requirements of the B-L Limited Business District shall be appli- cable. (4) Accessory buildings and uses. (5) Any land use located on a Planned Unit Development plan as defined, processed and approved according to § 29.526. (Code 1972, § 118-62(A)) Sec. 29.323. Bulk and area requirements. The minimum lot area in the H-B District shall be the equivalent of one-half 0A) of the total floor area of the building. The minimum lot width shall be seventy-five (75) feet. The minimum yard depth shall be fifteen (15) feet from streets and alleys. (Code 1972, § 118-62(B)--(D)) Sec. 29-324. Planned Unit Developments. Development of areas in the H-B District as a Planned Unit Development plan as defined, pro. cessed and approved according to § 29.526 may vary the requirements of this Subdivision. (Code 1972, § 118.62(E)) Secs. 29-325-29.335. Reserved. Subdivision P.1. B-G General Business District* Sec. 29-M. Purpose. The B-G General Business District designation is for downtown business districts. (Code 1972, § 118-63) *Cross reference —Sign regulations, § 29-593. Supp. No. 17 2009 Sec. 29-337. Uses permitted. § 29337 The general business uses permitted in the B.G District, include but are not limited to, the following: (1) Automobile repair, conducted inside of a building. (2) Banks, savings and loan and finance com panies. (3) Churches. (4) Heliports. (5) Hotels and motels. (6) Indoor theaters. (7) Membership clubs. (8) Multifamily dwellings. (9) Offices and clinics. (10) Parking lots and parking garages. (11) Parks and playgrounds. (12) Personal service shops. (13) Printing and newspaper offices. (14) Recreation uses. (15) Standard and fast food restaurants; bars. (16) Retail stores. (17) Public utility installations, excluding re- pair and storage facilities. (18) Laundry and dry-cleaning retail outlets. (19) Public and private vocational and technical schools. (20) Shopping centers consisting of any of the above uses, subject to being shown on a Planned Unit Development plan as defined processed and approved according to § 29. 526. (21) Fraternity and sorority houses. (22) Full -line pet shops not containing facilities for boarding animals. (23) Small animal veterinary clinics. (24) Group homes. § 29-337 FORT COLLINS CODE (25) Single-family dwellings. (3) Automobile sales. (26) Accessory buildings and uses. (4) Boarding and rooming houses. (27) Any land use located on a Planned Unit (5) Banks, savings and Ioan and finance com- Development plan as defined, processed and panies. approved according to § 29-526. (6) Bus stations. (Code 1972, § 118-63(A); Ord. No. 110,1991, § 51 10-1-91; Ord. No. 117, 1991, § 9, 11-5-91) (7) Car washes. Sec. 29-338. Bulk and area requirements. The minimum lot area in the B-G District shall be the equivalent of one-half (%) the total floor area of the building. (Code 1972, § 118.63(B)) Sec. 29-339. Planned Unit Developments. Development of areas in the B-G District as a Planned Unit Development plan as defined, pro- cessed and approved according to § 29-526 may vary the requirements of this Subdivision. (Code 1972, § 118.63(C)) Subdivision Q. C-L Limited Commercial District Sec. 29.340. Purpose. The C-L Limited Commercial District designa- tion is to provide for areas for commercial uses, automobile -oriented businesses which usually con- tain outdoor display or storage of vehicles, and service uses, while still protecting surrounding residential areas. (Ord. No. 111, 1991, § 4, 10.1.91) Sec. 29.341. Uses permitted. The following uses shall be permitted in the C-L District, provided that any nonresidential use shall be separated from abutting residential land uses or residential zoning districts by a solid fence or wall at least six (6) feet in height, and further provided that any use shall comply with the land- scape requirements set forth in § 29-342: (1) Assembly, packaging or installation of gauges, electric or electronic instruments and similar equipment and devices, with enclosed component storage. (2) Auto repair. Supp. No. 17 2010 (8) Churches. (9) Child-care centers. (10) Fraternity and sorority houses. (11) Frozen food lockers. (12) Furniture upholstering. (13) Group homes. (14) Indoor theaters. (15) Laundry and dry-cleaning outlets whose business consists primarily of serving re- tail customers. (16) Membership clubs. (17) Offices and clinics. (18) Parking lots and parking garages. (19) Personal service shops. (20) Pet shops (full line). (21) Plumbing, electrical and carpenter shops. (22) Printing and newspaper offices. (23) Private schools.. (24) Public utility installations. (25) Recreational uses. (26) Restaurants (standard and fast-food). (27) Residential uses (single-family and multi- family dwellings). (28) Retail stores. (29) Transportation depots. (30) Veterinary hospitals. (31) Warehouses and enclosed storage. (32) Accessory buildings and uses, provided that outdoor storage areas shall also be screened ZONING, ANNEXATION AND DEVELOPMENT OF LAND from surrounding uses by a solid fence or wall at least six (6) feet in height. (33) The following uses are permitted in the C-L District, provided that the uses enumerated are shown on a site plan submitted to and approved by the Director of Planning. a. Bars. b. Convenience grocery stores. c Farm implement sales. d. Gas stations. e. Hotels and motels. f. Mobile home sales. g. Restaurants (drive-in). (34) Any legally permissible use which existed on a parcel of property as of the effective date of the ordinance that placed such par- cel of property into this zoning district, pro- vided that such permitted use shall be lim- ited to such parcel of property. (35) Any land use located on a Planned Unit De- velopment plan as defined, processed and approved according to § 29-526. (Ord. No. 111, 1991, § 4, 10-1.91; Ord. No. 68, 1992, § 9, 7-7-92) Sec. 29-342. Landscape requirements. (a) Any use in the C-L District shall require that a landscape plan complying with § 29-526(G)(4)(c) shall be submitted to and approved by the Direc- tor of Planning. The Director of Planning shall take action to approve or disapprove any such plan utilizing Criteria 2.13 of § 29-526(D), Activ- ity A, "All Development Criteria," within fourteen (14) days after the plan is submitted to the Direc- tor of Planning. Appeals from the decision of the Director of Planning may be taken by any party - in -interest to the Planning and Zoning Board by the filing of a notice of appeal with the Director of Planning in accordance with the rules and proce- dures established in §§ 2-48 and 2.49 of the Code. In the event of such an appeal, the Planning and Zoning Board shall conduct a new hearing on the plan, and after the hearing, the plan shall either be approved, disapproved or approved with condi- tions. Any party -in -interest may further appeal § 29.350 the decision of the Planning and Zoning Board to the City Council by the filing of a notice of appeal with the City Clerk in accordance with the provi- sions of Chapter 2, Article II, Division 3 of the Code. (b) No occupancy permit for any development in the C-L District shall be issued unless all land- scaping in the development has been installed in accordance with an approved landscape plan for such development. If such landscape installation has not been completed, an occupancy permit may be issued upon receipt by the Financial Officer of a cash deposit, landscape bond, letter of credit or other satisfactory guarantee in an amount equal to the estimated cost of the landscaping improve- ments to be installed. The amount of such guaran- tee shall be sufficient to cover the cost of the in- stallation of all landscaping which is shown on the approved landscape plan and which has not yet been installed. In the absence of an executed con- tract to install such landscaping, landscape cost estimates shall be determined by a city approved appraisal. The cash deposit, bond, letter of credit or other guarantee shall be released upon certifi- cation by the Building Permits and Inspection Administrator that the required landscape instal- lation has been completed. (Ord. No. 111, 1991, § 4, 10-1-91; Ord. No. 176, 1993, § 2, 1.4-94) Sec. 29-343. Site plan requirements. Permitted uses listed in § 29-341 shall require that a site plan, landscape plan, building eleva- tions and other supporting documentation comply- ing with Article III, Division 4, Subdivision G of this Chapter, shall be submitted to and approved by the Director of Planning. (Ord. No. 111, 1991, § 4, 10-1-91) Sec..29-344. Planned Unit Developments. Development of areas in the C-L District as a Planned Unit Development plan as defined, pro- cessed and approved according to § 29-526 may vary the requirements of this Subdivision. (Ord. No. 111, 1991, § 4, 10-1.91) Sec.29-345-29-350. Reserved. Supp. No. 28 2011 § 29-M1 FORT COLLINS CODE Subdivision R. C Commercial District* (24) Tire vulcanizing shops. See.29-351. Purpose. The C Commercial District designation is for areas for commercial, storage and service uses. (Code 1972, § 118-70) Sec. 29-352. Uses permitted. The commercial, storage and service uses per- mitted in the C District, include but are not lim- ited to the following- (1) Automobile repair. (2) Automobile sales. (3) Builders' supply yards and lumberyards. (4) Bottling works. (5) Commercial dairies. (6) Commercial laundries. (7) Dry-cleaning plants. (8) Farm implement sales. (9) Frozen food lockers. (10) Furniture upholstering. (11) Gas stations. (12) Heliporta (13) Mobile home sales. (14) Offices and clinics. (15) Parking lots and parking garages. (16) Personal service shops. (17, '.line pet shops and veterinary hospitals. (18) - ..:nbing, electrical and carpenter shops. . (19) Printing and newspaper offices. (20) Publishing plants (21) Recreational uses. (22) Standard, fast-food and drive-in restau- rants; bars. (23) Retail stores. -Cross references —A mobile home or mobile office may be occupied m location conforming to zoning regulations, § 18-12; sign regulations, § 29.593. (25) Transportation depots. (26) Warehouses and enclosed storage. (27) Public utility installations. (28) Public and private vocational and technical schools, provided that no such school shall teach a trade or vocation which would be permitted only in the I-L Limited Industrial District or the I-G General Industrial Dis- trict. (29) Assemb; . packaging or installation of gauges, aiectric or electronic instruments and similar equipment and devices, with en- closed component storage. (30) Childcare centers, provided that a site plan is submitted to and approved by the Direc- tor of Planning. (31) Single-family dwellings. (32) Multifamily dwellings. (33) Armory buildings and uses. (34) Any land use located on a Planned Unit De- velopment plan as defined, processed and approved according to § 29-526. (Code 1972, § 118.70(A)) Sece.29-353-29.354. Reserved. Subdivision S. EP Employment Park District See.28-356. Purpose. The EP Employment Park District designation is for areas of the city which have been designated and planned as "employment parks' in accordance with the city's comprehensive plan and which are used for a variety of activities including, without limitation: industrial uses, research and develop- ment activities, offices, shopping centers and resi- dential dwellings. The EP District is designed to achieve the fors , ving purposes: (1) To prov in opeattractive environment for be ;a ana industrial activities with cc... :lent access to nearby housing, support retail, essential services, restaurants Sl) p. No. 28 2012 ZONING, ANNEXATION AND DEVELOPMENT OF LAND and other amenities for businesses, employ- ees, clients and residents. (2) To encourage the development of office and business parks where recommended in the comprehensive plan of the city, including el- ements thereof. (3) To direct the development of employment parks consistent with the availability of pub- lic facilities and services. (4) To encourage excellence in the design and construction of buildings, open spaces, pedestrian and bicycle facilities and street- scapes. (5) To permit some flexibility in building siting and design. (6) To provide a range of housing choices and to continue the vitality of and quality of life in existing residential neighborhoods. (Ord. No. 29, 1991, § 1, 3-19-91) Sec. 29-356. Uses permitted. (a) Permitted uses (1) through (5) shall require that a preliminary site plan, landscape plan, build- ing elevations and other supporting documenta- tion meeting all the requirements for master and preliminary plans as provided in § 29-526 be sub- mitted to the Planning and Zoning Board for its review and approval. Upon approval of the preliminary plan, a final plan complying with the requirements for final plans as provided in § 29-526 shall be submitted to the Planning and Zoning Board for its review and approval. For good cause shown, the Director of Planning may determine if application for final plan approval may be made concurrently with the application for approval of the preliminary plan. The Planning and Zoning Board shall apply the criteria and requirements of § 29-357 in making its determination to approve, approve with condi- tions or deny the final plan. (b) The specific uses permitted in the EP Dis- trict are as follows: (1) Research facilities, testing laboratories, of - floes and other facilities for research and de- velopment. § 29.358 (2) Industrial uses (subject to the performance standards required for the I-L Limited In- dustrial District as set forth in § 29-368). (3) Hospitals. (4) Regional or national headquarters of a services -producing organization. (5) Vocational, business or private schools and universities. (6) Any land use located in a Planned Unit De- velopment plan as defined, processed and approved according to § 29526. (Ord. No. 29, 1991, § 1, 3-19-91) Sec. 29-357. Requirements for final plan re- view. As a requirement for approval under § 29-356(a) above, the final plan shall be in substantial com- pliance with the approved preliminary plan. "Substantial compliance" shall mean that all con- ditions imposed by the Planning and Zoning Board upon its approval of the preliminary plan have been met and the final plan does not: (1) Change the general use or character of the development; and (2) Increase the number of residential dwelling units by more than one (1) percent; and (3) Contain changes which normally cause the development to be disqualified under the ap- plicable requirements of this zoning district. The final plan shall comply with all the applicable criteria of § 29-526(D); provided, however, that the Planning and Zoning Board shall not impose additional requirements or conditions pertaining to the general layout and densities as shown on the preliminary plan. (Ord. No. 29, 1991, § 1, 3-19-91) See.29.358. Standards. All development in the EP District shall comply with any standards prepared and adopted by the city to the extent that such standards apply to the property proposed to be developed. (Ord. No. 29, 1991, § 1, 3-19-91; Ord. No. 25, 1995, § 1, 3-21-95) Supp. No. 34 2013 § 29.359 FORT COLLINS CODE Sec. 29-359. Planned Unit Developments. Development of areas in the EP District as a Planned Unit Development plan as defined, pro- cessed and approved according to § 29-526 may vary the requirements of this zoning district; pro- vided, however, that all development in the EP District shall comply with any applicable stan- dards as provided in § 29-M. (Ord. No. 29, 1991, § 1, 3-19-91; Ord. No. 25, 1995; § 2, 3-21-95) Sec. 29-360. Special conditions. All permitted and accessory uses, except for off- street parking and loading, shall be conducted or carried out entirely within completely enclosed buildings or structures. (Ord. No. 29, 1991, § 1, 3-19-91) Secs.29-361-29-365. Reserved. Subdivision T. I-L Limited Industrial District' Sec.29-366. Purpose. The I-L Limited Industrial District designation is primarily for light industrial uses. (Code 1972, § 118-71) Sec. 29-367. Uses permitted. The uses permitted in the I-L District are as fol- lows: (1) Light industrial uses, including such uses as the manufacture of electronic instruments, preparation of food products, pharmaceutical manufacturing, research and scientific labo- ratories and the like. Light industry shall not include uses such as mining and extract- ing industries, petrochemical industries, rubber refining, primary metal and related industries. All such light industrial uses shall be shown on a site plan submitted to and approved by the Director of Planning. (2) The following described commercial uses, provided that the uses enumerated are 'Cross references —A mobile home or mobile office may be occupied in location conforming to zoning regulations, § 18-12; sign regulations, § 29-593. shown on a site plan submitted to and ap- proved by the Director of Planning: 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. i. Printing and newspaper shops. j. Publishing plants. k. Warehouses and enclosed storage. 1. Public utility installations. m. Public and private vocational and tech- nical schools. n. Assembly, packaging or installation of gauges, electric or electronic instru- ments and similar equipment and de- vices with enclosed component storage. o. Recreational uses, including activities such as billiard and pool parlors, dance studios, martial arts schools, arts and, crafts studios, exercise and health clubs, bowling alleys, tennis, basketball and . swimming. p. Standard and fast-food restaurants. q. Child-care centers, provided that a site plan is submitted to and approved by the Director of Planning. r. Churches. (3) Accessory buildings and uses, including re- lated retail sales uses, when incidental and subordinate to any use permitted in the I-L District. (4) Any land use located on a Planned Unit De- velopment plan as defined, processed and approved according to § 29-526. (Code 1972, § 118-71(A); Ord. No. 117, 1991, § 10, 11-5-91) Sec. 29-368. Performance standards. (a) All uses allowed in the I-L District shall conform to the performance standards in this Sec- tion. The purpose of such standards is to permit potential industrial nuisances to be measured, factually and objectively, to ensure that all in- dustries will provide methods to protect the com- Supp. No. 34 2014 Subdivision L N-C-B Neighborhood Conservation Buffer District Sec.29-208 Purpose Sec. 29-209 Uses permitted Sec. 29-210 Bulk, area, appearance and location requirements Sec. 29-211 Site plan requirements Sec. 29-212 Planned Unit Developments Subdivision J. R-P Planned Residential District See.29-221 Purpose Sec. 29-222 Uses permitted Sec. 29-223 Area requirements Sec. 29-224 Planned Unit Developments Subdivision K. R-M-P Medium Density Planned Residential District See.29-236 Purpose Sec. 29-237 Uses permitted Sec. 29-238 Bulk and area requirements Sec. 29-239 Planned Unit Developments Subdivision L. M-L Low Density Mobile Home District Sec.29-251 Purpose Sec. 29-252 Uses permitted Sec. 29-253 Bulk and area requirements Subdivision M. M-M Medium Density Mobile Home District Sec.29-271 Purpose Sec. 29-272 Uses permitted Sec. 29-273 Bulk and area requirements Subdivision N. B-P Planned Business District Sec.29-286 Purpose Sec. 29-287 Uses permitted Sec. 29-288 Bulk and area requirements Sec. 29-289 Planned Unit Developments Subdivision 0. B-L Limited Business District Sec.29-301 Purpose Sec. 29-302 Permitted uses Sea 29-303 Bulk and area requirements Sec. 29304 Landscape requirements Sec. 29-305 Planned Unit Developments Subdivision 0.1. H-C Highway Commercial District See.29-311 Purpose Sea 29-312 Uses permitted Sea 29-313 Design standards Sec. 29-314 Review requirements Subdivision 0.2. B-C Business Center District Sec.29-315 Purpose Sec. 29-316 Uses permitted Sec. 29-317 Design standards Sec. 29-318 Review requirements Subdivision P. H-B Highway Business District Sec.29-321 Purpose Sec. 29-322 Uses permitted Supp. No. 39 1978.1 ZONING, ANNEXATION AND DEVELOPMENT OF LAND § 29-368 munity from hazards and nuisances which can be of such a shade or density as to prevented by processes of control and nuisance obscure .an observer's vision to a elimination; and to protect industries from arbi- degree in excess of forty -percent trary exclusion or persecution based solely on the opacity. This emission standard for nuisance production by any particular type of in- pilot plants and experimental op- dustry in the past. erations shall be in effect for a pe- (b) The performance standards are as follows: riod not to exceed one hundred eighty (180) operating days, cumu- (1) Glare and heat Any operation producing lative total, from the date such op - intense glare or heat shall be conducted erations commence; thereafter, the within an enclosed building or with other twenty -percent opacity limitations effective screening in such a manner as to provided in (4)a. above shall apply make such glare or heat completely imper- to emissions from pilot plants and ceptible from any point along the property experimental operations. line. 2. Emissions from fireplaces used for (2) Vibration. Industrial operations shall cause noncommercial or recreational pur- no inherent and recurring generated vibra- poses shall be exempt from (4)a. tion perceptible without instruments at any above. 3. Subsection (4)a. above shall not point along the property line. Transporta- apply emissions during the build - facilities or temporary construction are ing of a new fire, cleaning of fires, excluded excluded from this restriction. soot blowing, start-up, any process (3) Light Exterior lighting, except for overhead modification or adjustment or oc- streetlighting and warning, emergency or casional cleaning of control equip - traffic signals, shall be installed in such a ment, the shade or appearance of manner that the light source will be suffi- which is not darker than an equiv- ciently obscured to prevent glare on public alent opacity so as to obscure an streets and walkways or into any residen- observer's view to a degree not tial area. The installation or erection of greater than forty (40) percent for any lighting which may be confused with a period or periods aggregating no warning signals, emergency signals or traf. more than three (3) minutes in any fic signals shall be unlawful. one (1) hour. (4) Smoke emissions 4. Subsection (4)a. herein shall not apply to fugitive dust. a. No person shall emit or cause to be (5) Odor emissions No person, wherever locat- emitted into the atmosphere from any ed, shall cause or allow the emission of air contamination source of emission odorous air contaminants from any single whatsoever any air contaminant which source such as to result in detectable odors is of such a shade or density as to ob- which are measured in excess of the follow- scure an observer's vision to a degree ing limits: in excess of twenty -percent opacity. b. Exceptions. a. For areas used predominantly for res- t. No person shall emit or cause to idential or commercial purposes, it is a be emitted into the atmosphere from violation if odors are detected after the any pilot plant and experimental odorous air has been diluted with seven operation any air contaminant for (7) or more volumes of odor -free air. a period or periods aggregating more b. In all other land use areas, it is a vio- than three (3) minutes in any sixty lation if odors are detected after the (60) consecutive minutes which is odorous air has been diluted with fif- Supp.No. l7 2015 § 29.368 FORT COLLINS CODE teen (15) or more mes of odor -free air. c. When the source is a manufacturing process or agricultural operation, no violation of (5)a. and b. herein shall be cited by the city, provided that the best practical treatment, maintenance and control currently available shall be uti. lized in order to maintain 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 result in an arbitrary and un- reasonable taking of property or in the practical closing of any lawful business or activity if such would be without corresponding public benefit. d. 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 air, in which case provisions of(5)c. herein shall not be applicable. (6) Particle emission. No particles of fly ash shall exceed two -tenths (0.21 grain per cubic foot of flue gas at a stack temperature of five hundred (500) degrees Fahrenheit. (7) Hazardous materials. If the proposed uses or tenants of the project are known to use and/or store hazardous materials (includ- ing hazardous wastes) on -site, the project shall designed to comply with all fire and ling codes for the hazardous mate. rials se and adequate precautions shall be taken to protect against negative off -site impacts of a hazardous materials release, using best available technology. A haz- ardous materials impact analysis, con- forming to the requirements of the Poudre Fire Authority, shall be required to deter- mine potential off -site impacts and required mitigation precautions. 'Code 1972, § 118.71(B); Ord. No. 99, 1991, § 2, . 8-20.91) Sec. 29-369. Bulk and area requirements. (a) The minimum lot area in the I-L District shall be the equivalent of two (2) times the total Supp. No. 17 2016 floor area of the building, but in no event shall such area be less than twenty thousand (20,000) square feet. (b) The minimum lot width in the I-L District shall be one hun-;,ed (100) feet. The minimum yard width shall I :rty (30) feet from any ad- joining street or zo- --:strict line. Where a zon. ing district line aa;oins a railroad right-of-way, this minimum yard width shall not be required on the adjoining railroad right-of-way line. (Code 1972, § 118-71(D)4F)) Sec. 29 i 7 0. Planned Unit Developments. Develcoment of areas in the I-L District as a Planned Unit Development plan as defined, pro- cessed and approved according to § 29.526 may vary the requirements of this Subdivision. (Code 1972, § 118-71(C)) Sec. 29.371. Landscape requirements. A fifty -foot landscaped buffer strip shall be re- quired along all arterial and collector streets in the I-L District. (Code 1972, § 118-71(G)) Sec. 29-372. Site plan requirements. Permitted uses listed in § 29-367 shall require that a site plan, landscape plan, building eleva tins and other supporting documentation com- pl) ing with § 29-526 be submitted to and approved by the Director of Planning. Upon receipt of a complete application, the Director shall hold a public hearing in his/her office on the first and third Thursday of each month, at 1:30 p.m., for the purpose of approving. disapproving or approv ing with conditions the proposed development. Notwithstanding the foregoing, the Director of Planning may refer the decision to the Planning and Zoning Board; and =o referred, the decision of the Planning and Zon-. - Board shall constitute a final decision, subject only to appeal to the City Council as provided in § 2-47 of this Code. (Ord. No. 3, 1988, § 8, 1-19.88; Ord. No. 77, 1990, § 1, 7-17.90) Secs. 29.373-29.384. Reserved. ZONING, ANNEXATION AND DEVELOPMENT OF LAND Subdivision U. I-G General Industrial District' Sec. 29.385. Purpose. The I-G General Industrial District is for heavy industrial uses. Sec. 29-386. Uses permitted. The uses permitted in the I-G District are as follows: (1) Any use other than one -family, two-family or multifamily dwellings. (2) Any land use located on a Planned Unit Development plan as defined, processed and approved according to § 29-526. Code 1972, § 118-72(A); Ord. No. 3, 1988, § 9, 1-19-88) Sec. 29-387. Performance standards. Every use permitted in the I-G District shall conform to the performance standards required for the I-L Limited Industrial District as set forth in § 29-368. (Code 1972, § 118-72(B)) Sec. 29-388. Planned Unit Developments. Development of areas in the I-G District as a Planned Unit Development plan as defined, pro- cessed and approved according to § 29-526 may vary the requirements of this Subdivision. (Code 1972, § 118-72(C)) Sec. 29.389. Screening required. The storage yard of any junkyard use shall be enclosed and screened by an opaque fence or wall at least eight (8) feet in height. (Ord. No. 117, 1991, § 11, 11.5-91) Secs. 29.390-29-400. Reserved. 'Cross reference —Sign regulations, § 29.593. Supp. No. 17 2017 § 29.303 Subdivision V. I-P Industrial Park District i Sec. 29401. Purpose. The I-P Industrial Park District designation is for light industrial park areas containing controlled industrial uses. The I-P District is designed for industrial uses in proximity to areas zoned for residential use and along arterial streets. (Code 1972, § 118-73) Sec. 29-402. Uses permitted. (a) The uses permitted in the I-P District shall be those uses as set forth in § 29.367. (b) Any use in this district shall conform to the requirements set forth in this Subdivision. (Code 1972, § 118.73(B)) Sec. 29.403. Landscape requirements. (a) Screening. Generally, an eighty -foot land- scaped buffer strip shall be recommended along any and all residential district boundary lines abutting property in the I-P District, provided that variations from the standards herein set forth may be permitted if the City Forester and Direc- tor of Planning find that such variations provide an equal amount of effective screening. Normal- ly, the buffer strip shall consist of a continuous evergreen screen with a minimum height of six (6) feet and planted in three (3) 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 buffer strip shall consist of a continuous evergreen screen, a minimum of six (6) feet in height and in two (2) rows, with trees twenty (20) feet on center. (b) Landscaping along arterial streets. A fifty. foot landscape buffer strip shall he required along all arterial or collector streets. (c) Design standards. Where landscaping is re- quired, a plan shall be submitted and approved by the Director of Planning and the City Forest- er. The plan shall provide an ample quantity and variety of ornamental plant species which are regarded as suitable for this climate. Landscape tCross reference —Sign regulations, § 29.593. § 29.403 FORT COLLINS CODE 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 adapt- ability to physical conditions indicated by site plan locations. (d) Irrigation. Permanent. underground water facilities for irrigation purposes shall be provided for all landscaped areas except in those areas in which dry landscaping has been used. (e) Maintenance Required landscaping shall be maintained in a neat, clean and healthy condi- tion. This maintenance shall include proper prun- ing, mowing of lawn areas, weeding, removal of litter, fertilizing, replacement of plants when nec- essary and regular watering of all landscaped areas. (Code 1972, § 118-73(BX1)) Sec. 29404. Bulk and area requirements. The following are area minimum requirements with regard to the size of lots and setbacks for property, in the I-P District: (1) 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 (50) percent of any lot shall be covered with building structures. (2) Width of lot. The minimum lot width shall - be one hundred (100) feet. (3) Front yard Minimum distance of any build- ing 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 pur- pose other than the required landscaping and ingress and egress. No fences shall be erected within this twenty -five-foot area. (4) Side yard Minimum distance of any build- ing from the side property line shall be thirty (30) feet. In cases where the side yards are used for storage, loading or park- ing facilities, they shall be screened from the view of public rights -of -way in residen- Supp. No. 17 tial areas. Where a zoning district line joins a railroad right-of-way, this side yard min- imum distance shall not be required. (5) 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 areas. Where a zoning district line joins a rail- road right-of-way, this rear yard minimum distance shall not be required. (Code 1972, § 118-73(BX2)) Sec. 29405. Enclosure required. All manufacturing and similar uses in the IT District shall be carried on entirely within a com- pletely enclosed structure. (Code 1972, § 118-73(BX4)) Sec. 29406. Performance standards. All uses in the I-P District shall conform to the performance standards required for the I-L Lim- ited Industrial District as set forth in § 29.368. (Code 1972, § 118.73(A)) Sec. 29407. Planned Unit Developments. Development of areas in the IT District as a Planned Unit Development plan as defined, pro- cessed and approved according to § 29.526 may vary the requirements of this Subdivision. (Code 1972, § 118-73(BX5)) Seca. 29.408-29412. Reserved. Subdivision W. RC River Corridor District Sec. 29413. Purpose. The RC River Corridor District designation is for areas developing within the Downtown River Corridor of the Cache La Poudre River. (Ord. No. 31, 1987, § 2(118.74), 2-17.87) Sec. 29-414. Uses permitted. (a) All permitted uses listed in this Section (and expansions of more than twenty-five (25) percent 2018 ZONING, ANNEXATION AND DEVELOPMENT OF LAND § 29.415 of the gross floor area of uses existing on Febru- (17), Personal service shops. ary 17, 1987) shall be subject to administrative (18) Printing and newspaper offices. review procedures as established in a Neighbor- hood Plan for the affected area, if such a plan has (19) Recreational uses. been adopted as an element of the Comprehen- sive Plan of the city. Permitted uses (3) through (30) below shall be subject to administrative re- (21) Retail stores. view by the Director of Planning of the proposed (22) public utility y installations. site, landscape and preliminary architectural de- signs and, where applicable, opportunity for sim- (23) Laundry and dry-cleaning outlets whose ilar review by a neighborhood representative as business consists primarily of serving re - allowed and adopted in the Neighborhood Plan, tail customers. all in accordance with the administrative guide- lines as developed by the city. The decision of the Director to approve, deny or modify the proposed cal schools. plan must be made within three (3) weeks of sub- (25) Fraternity and sorority houses. mission by the applicant, and if not so made, approval shall be deemed to have been given. The (26) Full -line pet shops not containing facilities decision of the Director may be appealed to the for boarding animals. Planning and Zoning Board as provided in the (27) Small animal veterinary clinics. administrative guidelines. (28) Group homes. (b) The specific uses permitted are as follows: (29) Light industrial uses (subject to the per- (1) Single-family dwellings. formance standards included in § 29-415), (2) Two-family dwellings. including such uses as the manufacture of electronic instruments, assembly, packag- (3) Public and private schools. ing or installation of gauges, electric or electronic instruments and similar equip- (4) Colleges and universities. ment and devices with enclosed component (5) Multifamily dwellings. storage, preparation of food products, phar- maceutical manufacturing, research and sci- (6) Boarding- and roominghouses. entific laboratories and the like. Light in. (7) Automobile repair, conducted inside of a dustry shall not include uses such as min• building. ing and extracting industries, petrochemi- industries, rubber refmfng, primary metal cal(8) Banks, savingsand loan and finance com- and related industries. ponies. (30) Accessory buildings and uses. (9) Churches. (31) Any use located on a Planned Unit Devel- (10) Heliports. opment plan as defined, processed and ap- (11) Hotels and motels. proved according to § 29.526. (Ord. No. 31, 1987, § 2(118.74(A)), 2.17.87; Ord. (12) Indoor theaters (except adult entertainment). No. 182, 1987, 12-1-87) (13) Membership clubs. Sec. 29.415. Performance standards. (14) Offices and clinics. All light industrial uses shall conform to the (15) Parking lots and parking garages. performance standards required for the I-L Lim- (16) Parks and la playgrounds. ited Industrial District as set forth in § 29-368. (Ord. No. 31, 1987, § 2(118-74(B)), 2-17.87) Supp. No. 17 2019 § 29.416 FORT COLLINS CODE Sec. 29416. Landscape requirements. Subdivision X. T Transition District All uses in the RC District, except single-family and two-family dwellings, shall conform to the landscape requirements as set forth in § 29-526. IOrd. No. 31, 1987, § 2(118.74(C)), 2-17-87) Sec. 29r117. Minimum area of lot. The minimum lot area shall be the equivalent of one-half (ah) the total floor area of the building. (Ord. No. 31, 1987, § 2(118.74(D)), 2-17-871 Sec. 29-418. Planned Unit Developments. The requirements of this Subdivision may be varied or waived for uses which are located on a Planned Unit Development plan approved in ac- cordance with § 29-526 (and where applicable, subject to review as established in an adopted Neighborhood Plan for the affected area). (Ord. No. 31, 1987, § 2(118.74(E)), 2.17-87) Sec. 29419. Site plan requirements. Permitted uses listed in § 29-414(3) through (30), inclusive, shall require that a site plan, land- scape plan, building elevations and other support- ing documentation complying with § 29-526 be submitted to and approved by the Director of Plan- ning. Upon receipt of a complete application, the Director shall hold a public hearing in his/her office on the first and third Thursday of each month, at 1:30 p.m., for the purpose of approving, disapproving or approving with conditions the pro- posed development. Notwithstanding the fore- going, the Director of Planning may refer the de- cision to the Planning and Zoning Board; and if so referred, the decision of the Planning and Zoning Board shall constitute a final decision, subject only to appeal to the City Council as provided in § 2.47 of this Code. (Ord. No. 3, 1988, § 10, 1.19-88; Ord. No. 77, 1990, § 2, 7.17.90) Sec. 29-420. Reserved. Supp. No. 17 2020 Sec. 29.421. Purpose, The T Transition District designation is for prop. erties which are in a transitional stage with re- gard to ultimate development. (Code 1972, § 118-74) Sec. 29-422. Uses permitted. The uses permitted in the T District are as follows: (1) No use shall be permitted of properties in the T District except such use as existed on the date the property was placed in this zoning district. No permanent structures shall be constructed on any land in this zoning district, except that at the time of zoning or rezoning of the property into this zoning district. The City Council may grant a variance permitting expansion of any ex. isting use or installation or enlargement of a permanent structure to be used in con- nection with the use of the property at the time of such zoning or rezoning upon the following conditions: a. The owner of the property, prior to the City Council meeting at which the zon- ing or rezoning is to be heard, shall submit a site plan showing in reason- able detail the existing and proposed uses of such property. b. The city council shall grant such vari- ance only upon a finding that the strict application of the zoning ordinance re- lating to nonconforming uses would re- sult in exceptional or undue hardship upon the owner of the property and that the variance may be granted with- out substantial detriment to the public good and without substantially impair- ing the intent and purposes of the non- conforming use provisions. (2) After the property has been placed in the T District, the Zoning Board of Appeals may grant a variance in accordance with §§ 2941 and 2942 permitting installation of a per. manent structure to be used in connection ZONING, ANNEXATION AND DEVELOPMENT OF LAND with the use of the property at the time the property was placed in this zoning district. (Code 1972, § 118-74(A)) Sec. 29423. Change of zoning. The owner of any property in the T District may at any time petition the city to remove the property from this zoning district and place it in another zoning district. Any such petition shall be referred to the Planning and Zoning Board to be considered at the next regular meeting of such board which is scheduled at least fifteen (15) days from the date the petition is filed with the City Clerk. Within sixty (60) days from the date the matter is considered by the board, the City Council shall change the zoning for the property in ques- tion to another zoning district authorized under this Chapter. (Code 1972, § 118.74(B)) Secs. 29424-29-440. Reserved. DMSION 4. SUPPLEMENTAL REGULATIONS* Subdivision A. Generally Secs. 29-441-29-455. Reserved. Subdivision B. Accessory Buildings and Uses Sec. 29-456. Definition. The following phrase, when used in this Subdi- vision, shall have the meaning indicated. Accessory building and use shall mean a sub- ordinate use of a building, other structure or tract of land, or a subordinate building or other struc- ture, which is: (1) Clearly incidental to the use of the princi- pal building, other structure or use of land; (2) Customary in connection with the princi- pal building, other structure or use of land; 'Cross references —Minimum pasture required for horses and ponies, § 4-72; limitation on number of household pets established, § 4.116. Supp. No. 17 § 29-458 (3) Ordinarily located on the same lot with the principal building, other structure or use of land. (Code 1972. § 118-81(A)) Cross refereace—Definitions and rules of construction gen erally, § 1-2. Sec. 29.457. Permitted buildings and uses. Accessory buildings and uses may include but are not limited to the following: (1) Home occupations; (2) Horses and household pets; (3) Signs; (4) Off-street parking areas; (5) Off-street loading areas; (6) Fences; (7) Private greenhouses; (8) Private swimming pools; (9) Incinerators incidental to residential use; (10) Storage of merchandise in business, com- mercial and industrial districts; (11) Fallout shelters; (12) Cultivation, storage and sale of crops, veg- etables, plants and flowers produced on the premises; (13) Family -care homes; (14) Solar energy systems. (Code 1972, § 118-81(B)) Sec. 294M8. Family -care homes. (a) Family foster homes. Family foster homes shall be permitted as an accessory use as defined in § 29.1, provided that the maximum number of foster children in any given home shall not ex- ceed four. (b) Day-care home& With respect to day-care homes, the following regulations shall apply: 2020.1 (1) The maximum number of daycare children permitted at any one (1) time shall vary according to the number of caretaker's chil- dren not attending full -day school as follows: § 29.458 FORT COLLINS CODE Caretaker's Maximum number of children not day-care children attending permitted at any full -day school one time 6 0 During the summer vacation of the school year, the maximum number of children, including caretaker's children under sixteen (16) years of age, permitted in the day-care home shall not exceed six. (2) Day c9re also may be provided to no more than two (2) additional children of school age, either before or after school hours, and on days during the regular school year when school is not in session, such as conference days and holidays, but not including sum- mer vacations. The number of such school - age children permitted to be cared for is as follows: Additional school - Caretaker's age day-care school -age. children permitted children during nonschool under age 12 times 0 2 1 1 2 or more 0 (c) Elderly day-care homes. Elderly day-care homes shall be permitted as an accessory use as defined in § 29.1, provided that the maximum number of elderly persona receiving care, protec- tion and supervision in any such home shall not exceed four (4) at any one (1) given time. (Code 1972, § 118-81(B); Ord. No. 117, 1991, § 12, 11-5.91) Sec. 29-459. Home occupations. A home occupation shall be allowed as a per- mitted accessory use provided that all of the fol- lowing conditions are met: Supp. No. 17 (1) Such use shall be conducted entirely within a dwelling and carried on by the inhabi- tants living there with not more than one (1) other employee; (2) Such use shall he clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the character thereof; (3) The total area used for such purposes shall not exceed one-half (%) the floor area of the user's dwelling unit; (4) There shall be no exterior advertising other than identification of the home occupation; (5) There shall be only incidental sale of stocks, supplies or products conducted on the premises; (6) There shall be no exterior storage on the premises of material or equipment used as a part of the home occupation; (7) There shall be no offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line; (8) A home occupation shall provide additional off-street parking area adequate to accom- modate all needs created by the home occupation; (9) In particular, a home occupation may in- clude but is not limited to the following, provided that alll requirements contained herein are met: a. Art studio; b. Dressmaking or millinery work; c. Professional office; d. Office for insurance or real estate sales; e. Teaching; f. The renting of rooms to not more than two (2) persons per dwelling, provided that the residence in which the home occupation is conducted is occupied by the owner. (10) A home occupation shall not be interpreted to include the following: a. Animal hospital; b. Long-term care facility; c. Restaurant; d. Tourist home; e. Group home. 2020.2 ZONING, ANNEXATION AND DEVELOPMENT OF LAND (11) A home occupation shall be permitted only after the owner has obtained a home occu- pation license from the city. The fee for such a license shall be ten dollars ($10.), and the term of such license shall be two (2) years. At the end of such term, the license may be issued again upon the submission and review of a new application and the payment of an additional ten -dollar fee. If the city is conducting an investigation of a violation of the code with respect to the particular home occupation at the time such renewal application is made, the license will not be reissued until the investigation is completed, and if necessary, all violations have been corrected. The term of the previ- ous license shall continue during the period of investigation. (Code 1972, § 118-81(C); Ord. No. 183, 1987, § 3, 12-1-87) Sees.29-460-29-470. Reserved. Subdivision C. Supplementary Lot Area and Building Requirements Sec. 29-471. Lot area and width. No part of an area or width required for a lot for the purpose of complying with the provisions of this Chapter shall be included as an area or width required for another lot. Where a minimum lot area square footage is otherwise required. by this Chapter, said minimum lot area shall be required for each principal building located on any one (1) lot. (Code 1972, § 118-82(A); Ord. No. 3, 1988, § 11, 1- 19-88) Sec. 29-472. Yard regulations. (a) Cornices, eaves or similar architectural fea- tures may extend into a required yard not more than two (2) feet. Fire escapes may extend into a required rear yard not more than six (6) feet. (b) Where a side yard is otherwise required by this Chapter, the side yard along the street side of a normal corner lot (not a reverse comer lot) shall be not less than fifteen (15) feet. § 29-474 (c) No part of a yard required for a building for the purpose of complying with the provisions of this Chapter shall be included as a yard for an- other building. (d) Solar energy devices, including but not lim- ited to, overhangs, movable insulating walls and roofs, detached solar collectors, sun reflectors and piping, may extend into a required yard not more than three (3) feet. (Code 1972, § 118-82(B)) Sea 29473. Childcare center regulations. A minimum of two thousand five hundred (2,500) square feet of outdoor play area shall be provided for fifteen (15) children or fewer, with seventy-five (75) additional square feet being re- quired for each additional child. Such play area within or abutting any residential district shall be enclosed by a decorative solid wood fence or ma- sonry wall or chain link fence with vegetation screening, densely planted The height of such fence shall be a minimum of six (6) feet and shall comply with § 29-511. Where access to preschool nurseries is provided by other than local streets, an off-street vehicular bay or driveway shall be provided for the purpose of loading and unloading children. There shall be an indoor floor space re- served for school purposes of forty (40) square feet per child. Such indoor floor space must be ap- proved by the Building Permits and Inspections Administrator. (Code 1972, § 118-82(D)) Sec. 29-474. Small animal veterinary clinic and hospital regulations. (a) All facilities of a small animal veterinary clinic or a small animal veterinary hospital, in- cluding all treatment rooms, cages, pens, kennels and exercise runs, shall be maintained within a completely enclosed, soundproof building. (b) All such veterinary clinics and hospitals shall be designed and constructed in a manner that shall eliminate any emission of odor offensive to persons in the area of such clinics or hospitals. (c) All such veterinary clinics and hospitals shall be designed and constructed in a manner that shall reduce the sound coming from any such Supp. No. 38 2020.3 § 29474 FORT COLLINS CODE clinic or hospital to the level of sixty-five (65) decibels at any given adjacent property line. (d) No such veterinary clinic or hospital shall board any animal for any length of time except where such boarding is necessary to provide surgi- cal or other medical care to the animals (Code 1972, § 118.82(E)) See.29.475. Group home regulations; spe- cial review. (a) Group homes shall conform to the lot area and separation requirements as specified in the following table: Mazimam Minimum numberof Additional separation residents, lot area Maximum requirements excluding for each permissible behom supervisors, additional residents, any other forminimum resident excluding group home Zone lot size (square feet) supervisors (feet) R-E, R-F 3 2,000 8 1,600 R-L, N-C-L 3 1,500 8 1,500 R-M, N-C-M 6 750 15 1,000 R-11, N-C-B, B-C, H-C,B-C 6 500 20 700 (b) With respect to group homes which require special review, the following regulations shall ap- ply: (1) Before any group home shall be approved in the N-C-L, R-E, R-F or R-L zone (or any other zone with permitted uses referenced to the N-C-L, R-E, R-F or R-L zone), the Plan- ning and Zoning Board shall first conduct a special review hearing for the purpose of ap- proving, denying or approving with condi- tions the application for a group home use in such zone. If approved, the board shall, with such approval, establish the type of group home permitted and the maximum number of residents allowed. in such group home. Said hearing shall be open to the public, and the decision of the Planning and Zoning Board may be appealed to the City Council pursuant to the provisions of § 246 et seq. (2) The issues for consideration by the Planning and Zoning Board at the special review hear- ing shall include an analysis of the follow- ing. a Building height; b. Building setbacks; a Building coverage of the lot; d. Externalsignage; e. Traffic and parking; f. Compatibility of architectural design with the character of the surrounding neighborhood; g. Whether the types of treatment activi- ties or the rendering of services pro- posed to be conducted upon the premises is in a manner substantially inconsistent with the activities other- wise permitted in the zoning district; and h. Such other requirements for group homes as are established in this Chap- ter. (c) A group home may be located without con- sideration to the minimum separation require- ments as established in (a) of this Section if the group home is separated from other group homes within the area of the aforesaid minimum separa- tion requirement by a substantial natural or man- made physical barrier, including, but not limited to, an arterial street, a state or federal highway, railroad tracks, river or commercial/business dis- trict. Such reduction in the separation require- ment shall be allowed only after the Planning and Zoning Board has conducted a special review hear- ing to determine that the barrier and resulting separation distance are adequate to protect the city from the detrimental impact of an excessive concentration of group homes in any one (1) vicin- ity. (d) No permanent certificate of occupancy will be issued by the city for a group home until the person applying for the group home has submitted a valid license, or other appropriate authorization, or copy thereof; from a governmental agency hav- ing jurisdiction. (e) If active and continuous operations are not carried on in a group home which was approved pursuant to the special review provisions con- tained in this Section for a period of twelve (12) consecutive months, the group home use shall be considered to have been abandoned. The group home use can be reinstated only after obtaining Supp. No. 38 2020.4 Sec. 29-M Bulk and area requirements Sec. 29-M Planned Unit Developments Subdivision P.l. B-G General Business District Seo.29-336 Purpose Sec. 29.337 Uses permitted Sec. 294M Bulk and area requirements Sec. 29.339 Planned Unit Developments Subdivision Q. C-L Limited Commercial District Sec.29-340 Purpose Sec. 29-341 Uses permitted Sec. 29-M Landscape requirements Sec. 29-US Site plan requirements Sec. 29-344 Planned Unit Developments Subdivision R. C Commercial District Sec.29351 Purpose See. 29-352 Uses permitted Subdivision S. EP Employment Park District Sec.29-355 Purpose Sec. 29-M Uses permitted Sec. 29357 Requirements for final plan review Sec.29-358 Standards Sec. 29-359 Planned Unit Developments Sec. 29360 Special conditions Subdivision T. I-L Limited Industrial District Sec.29366 Purpose ) Sec. 29367 Uses permitted Sec. 29-M Performance standards Sec. 29369 Bulk and area requirements Sec. 29370 Planned Unit Developments Sec. 29-371 Landscape requirements . Sec. 29-372 Site plan requirements Subdivision U. I-G General Industrial District - Sec. 29-M Purpose Sec. 29-M Uses permitted Sec. 29387 Performance standards Sec. 29388 Planned Unit Developments Sec. 29-389 Screening required Subdivision V. I-P Industrial Park District Sec.29401 Purpose Sec. 29402 Uses permitted Sec. 29.403 Landscape requirements Sec. 29404 Bulk and area requirements Sec. 29405 Enclosure required Sec. 29406 Performance standards Sec. 29407 Planned Unit Developments Subdivision W. RC River Corridor District Sec.29413 Purpose Sec. 29-414 Uses permitted Sec. 29415 Performance standards 1 Supp. No. 39 1978.2 ZONING, ANNEXATION AND DEVELOPMENT OF LAND approval from the Planning and Zoning Board as outlined in the special review provisions of this Section. (f) A notice of any group home permit granted by the city, and any conditions imposed upon such group home, shall be duly recorded by the city with the county Clerk and Recorder, showing the description of the property upon which such group home is permitted. (Code 1972, § 118.82(F); Ord. No. 183, 1987, § 4, 12-1-87; Ord. No. 68, 1992, §§ 10, 11, 7-7-92; Ord. No. 168, 1995, § 5, 1-2-96) Sec. 29-476. Supplementary building height regulations. (a) No building or structure shall exceed a max- imum height of forty (40) feet above grade. This limitation may be varied according to review cri- teria for buildings or structures located in a Planned Unit Development plan as defined, pro- cessed and approved according to § 29-526. (b) All dwellings shall be constructed with at least seventy-five (75) percent of the roof surface higher than seven (7) feet from grade. (c) It shall be unlawful to construct, build or es- tablish any building, trees, smokestack, chimney, flagpole, wire, tower or other structure or appur- tenance thereto which may constitute a hazard or obstruction to the safe navigation, landing and takeoff of aircraft at a publicly used airport. (d) No detached accessory building may exceed eight (8) feet in height unless such building com- plies with all of the yard setbacks for the district in which such building is located. (Code 1972, § 118-82(C); Ord. No. 117, 1991, § 13, 11-5-91) Sec. 29-477. Supplementary regulations for retail establishments occupying more than 25,000 feet. No new large retail establishment, or addition to an existing large retail establishment which would § 29.491 increase the gross square feet of floor area of such establishment by fifty (50) percent or more, and no addition to a building which would create a larger retail establishment and which would in- crease the gross square footage of floor area of such building by fifty (50) percent or more, shall be approved for construction or occupancy unless the entire large retail establishment affected by the new construction has been determined by the Planning and Zoning Board to be in compliance with the "Design Standards and Guidelines for Large Retail Establishments" as adopted by the city, either as a planned unit development ap- proved in accordance with the provisions of § 29- 526, or as a permitted use under Article III of Chapter 29. (Ord. No. 4, 1995, § 2, 1-17-95) Sec. 29-478. Screening requirements. (a) Trash dumpsters shall be located within an opaque fence or wall that is a minimum of five (5) feet high. (b) Rooftop mechanical equipment shall be screened from public view. (Ord. No. 14, 1996, § 19, 2-20-96) Secs.29-479-29-490. Reserved. Subdivision D. Off -Street Parking and Vehicular Uses' Sec.29-491. Definitions. The following words, terms and phrases, when used in this Subdivision, shall have the meanings ascribed to them in this Section: Landscaping shall refer to any combination of living plants such as trees, shrubs, plants,.vegeta- tive ground cover and turf grasses, and may in- clude natural nonliving elements such as rock, stone and bark, as well as structural features, in- cluding but not limited to walks, fences, benches, works of art, reflective pools and fountains. *Cross references —Parking Commission, § 2.321 et seq.; vehicles and traffic, Ch. 28. Supp.No. 39 2020.5 § 29.491 FORT COLLINS CODE _ l Off-street parking area or vehicular use area shall refer to all off-street areas and spaces de. signed, used, required or intended to be used for the parking, storage, maintenance, service, repair, display or operation of motor vehicles, including driveways or aovessways in and to such areas, but not including public streets and rights -of -way. (Code 1972, § 118-810) Cana reference—Definitiom and rules of constnution gen. erally, § 1-2. Sec. 29-492. General requirements. Any off-street parking or vehicular use area shall meet the requirements as set forth in the follow- ing subsections: (1) Access. Unobstructed vehicular access to and from a public street shall be provided for all off-street parking spaces. Vehicular access shall be provided in such manner as to pro- tect the safety of persons using such access or traveling in the public street from which such access is obtained and in such manner as to protect the traffic -carrying capacity of the public street from which such access is obtained. Whenever a lot has frontage along an alley, any new off-street parking area lo- cated on such lot, including the driveway for a new detached garage, must obtain access from such adjoining alley. Such alley access shall not be required when a new detached garage is proposed to be accessed from an ex- isting driveway that has a curb cut along a public street, or when alley access is deemed by the Director of Engineering or the Direc- tor of the Department of Transportation Services to be a hazard to persons or vehi- cles. (2) Circulation. Adequate provision shall be made for the safe and efficient movement of vehicles and pedestrians in any vehicular use area. Parking spaces, access drives, traffic. control devices, sidewalks, curb cuts and all other elements of parking lot layout shall be properly designed in conformance with city specifications. (3) Location. a. Required off-street parking spaces shall be located on the same lot or premises as the building or use for which they are required unless such spaces are provided collectively by two (2) or more buildings or uses on adjacent lots in a single park- ing area located within the boundaries of those adjacent lots and unless the to- tal number of parking spaces supplied collectively is equal to the number of spaces required by this Subdivision for each use considered separately, or un- less an alternative location is approved by the city. b. Only off-street parking areas provided to serve uses permitted in a residential zoning district will be allowed in that residential district.. a In the N-C-L Neighborhood Conserva- tion Low Density District, the N-C-M Neighborhood Conservation Medium Density District, the R-H High Density Residential District and the N-C-B Neighborhood Conservation Buffer Dis- trict, permanent open off-street parking areas for all permitted principal uses, other than single-family dwellings, shall not be located any closer to a public street right-of-way than the distance by which the principal building is set back from the street right-of-way. This provi- sion shall not be construed to preclude temporary parking in driveways. (4) Surface. All open off-street parking and ve- hicular use areas shall be surfaced with as- phalt, concrete or other material in confor- mance with city specifications. (5) Lighting. Lighting provided for any off- street parking area adjacent to a residential use or residentially zoned lot shall shield the source of light from sight and prevent the spillover of direct light onto the residential use. (6) Maintenance. The property owner shall be responsible for maintaining any vehicular use area in good condition and free of refuse and debris and all landscaping in a healthy and growing condition, replacing it when necessary as determined by the City Forester. Supp. No. 39 2020.6 ZONING, ANNEXATION AND DEVELOPMENT OF LAND § 29.493 (7) Landscaping. No certificate of occupancy for timated cost of the irrigation system deter - property with an off-street parking area re- mined by an executed contract to install such quired to provide landscaping in confor- irrigation system or by adequate appraisals mance with these regulations shall be issued of such cost. Any bond, cash deposit or unless all landscaping on the property has equivalent deposited pursuant to this re - been installed in accordance with an ap- quirement shall be released upon certifica- proved landscape plan for such property. In tion by the city that the required irrigation the event that such landscape installation system has been completed in -accordance has not been completed, an occupancy permit with the requirements of the bond. may be issued upon the receipt by the city of (Code 1972, § 118-81(D)(1); Ord. No. 68, 1992, § a cash deposit, bond, letter of credit or other 12, 7-7-92; Ord. No. 76, 1994, § 4, 6-7-94; Ord. No. satisfactory financial guarantee in the 14, 1996, §§ 17, 18, 2-20-96) amount of one hundred twenty-five (125) percent of the estimated cost of the landscap- Sec. 29-493. Parking lot requirements. . ing improvements determined by an exe- All open off-street parking lot or vehicular use cuted contract to install such landscaping or areas containing six (6) or more parking spaces or by adequate appraisals of such cost. Such one thousand eight hundred (1,800) square feet bond, cash deposit or equivalent shall fur- shall meet the following requirements: ther guarantee the continued maintenance and replacement of the landscaping for a pe- (1) Setbacks. Any such vehicular use area shall riod of two (2) years after installation, but be set back from the back of any curb or the amount of the same shall be reduced af- sidewalk improvement and side and rear ter installation is completed to twenty-five yard lot lines, except a lot line between (25) percent of the actual cost of such land- buildings or uses with collective parking scaping. Any bond, cash deposit or equiva- consistent with the provisions of this Subdi- lent deposited pursuant to this requirement vision, according to the following table: shall be released upon certification by the Building Permits and Inspections Adminis- Minimum average trator that the required landscaping pro- width of entire Minimum width gram has been completed and maintained in landscaped of setback accordance with the requirements of the setback area at any point bond. (feet) (feet) Along an arterial 15 5 (8) Landscape Irrigation. No certificate of occu- street pancy shall be issued for any building on any Along a nonarterial 10 5 portion of a property required by this Chap- street ter to have an irrigation system, unless the entire irrigation system has been installed in Along a lot line 5 5 accordance with an approved irrigation plan for such property. In the event that such ir- (2) Screening and landscaping. rigation system. installation has not been completed, a certificate of occupancy may be a. Any such vehicular use area shall be issued upon the receipt by the city of a bond, screened from any directly contiguous cash deposit or equivalent conditioned on lot with a residential use or zoned for and guaranteeing the installation of the en- residential use by a solid wooden fence tire irrigation system shown on the approved or solid wall six (6) feet in height. A irrigation plan. Such bond, cash deposit or landscaped visual barrier six (6) feet in equivalent shall be in the amount of one height may be used to provide the nec- hundred twenty-five (125) percent of the es- essary screening in lieu of a solid Supp. No. 39 2020.7 $ 29493 FORT COUJNS CODE wooden fence or solid wall if it is of suf- ficient opacity to block at least seventy- five (75) percent of the light from motor vehicle headlights. b. Any such vehicular use area shall be screened from the street by a landscape treatment of sufficient height and opac- ity to block at least twenty (20) percent of the cross-section view of the parking area from the street. a Plant material used for required screen- ing shall achieve required opacity in its winter seasonal condition within two (2) years of construction of the vehicu- lar use area to be screened. d. Required screening and landscaping may be interrupted where necessary for access to vehicular use areas consistent with the general requirements of this Section. e. Any such screening and. landscaping shall be subject to the provisions of this Article regulating fences, hedges and walls. f. Any vehicular use area with more than fifteen (15) parking spaces or four thou- sand five hundred (4,500) square feet shall provide landscaped islands and trees which conform to city specifica- tions and which are dispersed through- out the vehicular use area in such a way as to provide visual relief with vertical landscaped elements and physical relief with seasonal shading. Not less than six (6) percent of the interior of any such vehicular use area shall be landscaped with such islands. (3) Bicycle and motorcycle parking. Any use which provides any such parking area shall also provide facilities for motorcycle and bi- cycle parking which conform to city specifi- cations. (4) Parking for the disabled. Any use providing fifteen (15) or more parking spaces shall provide parking space (which conforms to city specifications) for use by physically dis- abled persons. (Code 1972, § 118 51(D)(2); Ord, No. 3, 1988, § 12, 1-19-88) Sec. 29494. Required spaces. Off-street parking spaces shall be provided for the uses and in the amounts set forth as follows: (1) For each single-family and two-family dwelling there shall be one (1) parking space per dwelling unit on lots with greater than forty (40) feet of street frontage or two (2) parking spaces per dwelling unit on lots with less than forty. (40) feet of street frontage. (2) For each multifamily dwelling there shall be parking spaces as indicated by the following schedule: Number of bedrooms Parking spaces per dwelling unit per dwelling unit 1 or less 1.5 2 1.75 3 2.0 4 and above 2.5 (3) For each mobile home there shall be two (2) parking spaces per dwelling unit. (4) For each school, child-care center or institu- tional use located in a residential zoning dis- trict, and for each church use located in any district, there shall be one (1) parking space per five (5) seats in the auditorium or place of assembly, or two (2) parking spaces per three (3) employees, or one (1) parking space per one thousand (1,000) square feet of building floor area, whichever is greatest. (5) For each boarding- and roominghouse or fra- ternity or sorority house, there shall be one (1) parking space per two (2) beds, plus one (1) parking space per two (2) employees. (6) For each group home there shall be two (2) parking spaces for each three (3) employees, and in addition, one (1) parking space for each four (4) adult residents, unless resi- dents are prohibited from owning or operat- ing a personal automobile. (7) For each recreational use located in a resi- dential district there shall be one (1) parking space per four (4) persons maximum rated capacity. Supp. No. 39 2020.8 ZONING, ANNEXATION AND DEVELOPMENT OF LAND (8) For each institutional, business, commercial or industrial use there shall be two (2) park- ing spaces for each three (3) employees on the major shift (Code 1972, § 118-81(D)(3); Ord. No. 3, 1988, § 13, 1-19-88; Ord. No. 125, 1988, 104-88; Ord. No. 117, 1991, § 14, 11-5-91) Sec. 29-495. Drive -through use. stacking Spam For any drive-in or drive -through service bay, there shall be provided stacking space for vehicles waiting for service, which is sufficient to prevent any such vehicles from extending onto the public right-of-way at any time. In no case shall less than five (5) stacking spaces be provided for each such service bay on the entrance side, and one (1) such space on the exit side. No bays designed to be en- tered from more than one (1) direction shall be permitted. (Code 1972, § 118-81(D)(4); Ord. No. 117, 1991, § 15, 1115-91) Sec. 29-496. Off-street loading areas. For all business, commercial, industrial and manufacturing uses, off-street loading areas con. taining five hundred (500) square feet with no one (1) dimension less than ten (10) feet shall be re- quired as an accessory use for new construction or major additions involving an increase in floor area, as follows: (1) One (1) off-street loading space shall be pro- vided for new construction or additions hav- ing a floor area between five hundred (500) square feet and twenty thousand (20,000) square feet. (2) One (1) additional off-street loading space shall be provided for each additional twenty thousand (20,000) square feet or fraction thereof of floor area in excess of twenty thousand (20,000) square feet, provided that no such loading space occupies any part of a public street, alley, driveway or sidewalk. (Code 1972, § 118.81(E)) Sees.29-497-29-510. Reserved. § 29-511 Subdivision E. Fences, Hedges and Walls' Sec.29-511. Regulations. . Fences, hedges and walls may be permitted in the various districts as accessory uses in accor- dance with the following limitations: (1) In the R-E, R-L, R-M, R-P, N-C-L, N-C-M and N-C-B Districts, they shall not exceed four (4) feet in height when located less than twenty (20) feet from the front lot line. (2) In the R-E, R-L, R-M, R-P, N-C-L and N-C-M Districts, they shall not exceed six (6) feet in height when located more than twenty (20) feet from the front lot line. (3) In all districts, fences shall not exceed forty- two (42) inches in height when located within seventy-five (75) feet of the centerline intersection of two (2) streets and, if over thirty-two (32) inches in height, shall be constructed of split rail with a minimum di- mension of twelve (12) inches between hori- zontal members. Hedges shall not exceed thirty-two (32) inches in height when located within seventy-five (75) feet of the centerline intersection of two (2) streets. (4) Except as permitted below, no barbed wire or other sharp -pointed fence and no electri- cally charged fence shall be installed or used in any district. In the I-G and C Districts, the Building Permits and Inspections Admin- istrator may grant a revocable use permit which must be renewed every three (3) years for installation of security arms and barbed wire strands atop protective fences or walls, provided that the following conditions are met: a. The lowest strand of barbed wire is maintained at least ten (10) feet above the adjoining ground level outside the fence; *Cross reference -Buildings and building regulations, Ch. 5. Supp. No. 39 2020.9 § 29511 FORT COLLINS CODE l b. Exterior area security lighting con- trolled by an automatic light level switch is installed and is maintained in good operating condition. (Code 1972, § 118-81(F); Ord. No. 68, 1992, §§ 13, 14, 7-7-92; Ord. No. 14, 1996, § 20, 2-20-96) Subdivision F. Vested Property Rights See.29-512. Definitions. The following terms, when used in this Chapter, shall have the meanings ascribed to them in this Section: Site specific development plan shall mean and be limited to: 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 pro- vided 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 pro- vided pursuant to § 29-372; site plans in the RC District, as provided pursuant to § 29419; non- conforming use review, as provided pursuant to Chapter 29, Article III, Division 6; and group home review, as provided pursuant to § 29-475. Vested property right shall mean the right to un- dertake and complete the development and use of property under the terms and conditions of a site specific development plan. (Ord. No. 2, 1988,1-19-88) Croec reference —Definitions and rules of construction gen- erally, § 1-2. Sec. 29-513. Notice and hearing. (a) No site specific development plan shall be approved or extended pursuant to the provisions of § 29514 of the Code until after a public hear. ing, preceded by notice of such hearing published in a newspaper of general circulation within the city at least seven (7) days prior to such"hearing. Such notice may, at the city's option, be combined with any other required notice. At such hearing, interested persons shall have an opportunity to be heard. (b) A "notice of approval" describing generally the type and intensity of use approved, the specific parcel or parcels affected, and stating that a vested property right has been created or ex- tended, shall be published once, not later than fourteen (14) days after the expiration of any right of appeal of the approval or the extension of the site specific development plan, or, in the event of the filing of an appeal, after final resolution of such appeal, in a newspaper of general circulation within the city. The period of time permitted by law for the exercise of any applicable right of ref- erendum or judicial review shall not begin to run until the date of such publication, whether timely made within said fourteen -day period, or there- after. (Ord. No. 2, 1988, 1-19-88; Ord. 89, 1995, § 2, 8-1- 95) Sec. 29-514. Approval; effective date; amendments. (a) A site specific development plan shall be deemed approved either upon the expiration of any right of appeal of the approval by the Plan- ning and Zoning Board or Director of Planning, as applicable, relating thereto, or, in the event that any such decision of approval has been appealed, upon final resolution of such appeal, subject to the right of judicial review. The developer must have undertaken and completed the development of an approved site specific development plan within three (3) years from the effective date of approval. For the purposes of this Subdivision, a developer has "undertaken and completed the development" when all engineering improvements (water, sewer, streets, curbs, gutter, street lights, fire hydrants and storm drainage) are installed and completed in accordance with city rules and regulations. (b) A vested property right may extended for two (2) successive periods of six (6) months by the. Director of Planning. Upon receipt of such request for extension, the Director shall hold a public hearing in his/her office for the purpose of approv- ing, disapproving or approving with conditions the requested extension. Any additional extensions of a vested property right shall be approved, if at all, only by the Planning and Zoning Board. Any re- Supp. No. 39 2020.10 ZONING, ANNEXATION AND DEVELOPMENT OF LAND quest for an extension must be submitted by the owner to the Director in writing at least thirty (30) days prior to the date of expiration of the vested property right. Failure to submit a written request within the specified time period shall cause forfeiture of the right to extension of the vested property right. Failure to undertake and complete the development within the term of the vested property right shall cause a forfeiture of the vested property right and shall require resub- mission of all materials and reapproval of the same. All dedications as contained on the final plat shall remain valid unless vacated in accor- dance with law. The granting of the adminis- trative extensions may, at the discretion of the Di- rector, be referred to the board. (c) In the event that administrative changes to a final plan, as approved pursuant to § 29- 526(F)(5)(a), are approved, the effective date of such changes, for purposes of duration of a vested property right, shall be the date of the approval of the original plan. (d) The approval of major amendments to a fi- nal plan, pursuant to § 29-526(F)(5)(b), shall, if established pursuant to notice and hearing as pro- vided in § 29-513, create a new vested property right with effective period as provided herein and duration as provided by law. (Ord. No. 2, 1988, 1-19-88; Ord. No. 89, 1995, § 3, 8.1-95) Sec. 29-515. Other provisions unaffected. Approval of a site specific development plan shall not constitute an exemption from or waiver of any other provisions of this Code pertaining to the development and use of property. (Ord. No. 2, 1988, 1-19-88) Sec. 29-516. Automatic repeal; waiver. Nothing in this Subdivision is intended to create any vested property right, but only to implement the provisions of Article 68, Title 24, C.RS._In the event of the repeal of said article or a judicial de- termination that said article is invalid or uncon- stitutional, this Subdivision shall be deemed to be repealed and the provisions hereof no longer effec- tive. Nothing herein shall be construed to prohibit the waiver of a vested property right pursuant to mutual agreement between the city and the af- f 29-521 fected landowner. Upon recordation of any such agreement with the county Clerk and Recorder, any property right which might otherwise have been vested shall be deemed to be not vested. (Ord. No. 2, 1988, 1-19-88; Ord. No. 27, 1994, § 3, 3-15.94) Sees.29-517-29-519. Reserved. Subdivision G. Design Review of Permitted Uses Sec.29.520. Applicability and submission requirements. (a) Proposals for land use or development shall be subject to design review of permitted uses if re- ferred to such review by the requirements of a zoning district in Article III, Division 3 of this Chapter. The zoning district from which a pro- posal is referred for such review shall be known as the "referral district." (b) Any proposal application required pursuant to this Subdivision shall include a site plan, land- scape plan, building elevations and other support- ing documentation complying with § 29-526(G) unless the Director determines that all or part of such information is unnecessary. (Ord. No. 112, 1991, § 1, 10-1-91; Ord. No. 25, 1995, § 3, 3-21-95; Ord. No. 169, 1995, 1-2-96) Sec. 29-521. Administrative review. For those proposals qualifying for design review of permitted uses pursuant to the regulations in the referral district, the following regulations shall apply: Supp. No. 39 . 2020.10a [The next page is 2020.111 No Text TONING, ANNEXATION AND DEVELOPMENT OF LAND § 29-521 (1) Any proposal qualifying for design review of permitted uses shall first be subject to a con- ceptual review conforming to the provisions of § 29-526(F(1)(a) and (b) of the Code, fol- lowing which conceptual review a formal proposal application may be Sled, which ap- plication, if filed, shall be processed in accor- dance with the administrative review proce- dures hereafter established. (2) The Director of Planning shall hold an ad- ministrative review hearing in the Director's office (or at such other locations as the Di- rector may designate) on the first and third Thursday of each month at 1:30 p.m., as necessary to consider proposals filed which qualify for design review of permitted uses. (3) The Director of Planning shall give written notice of such administrative review hearing to the owners of record of all real property within five hundred (500) feet (exclusive of public rights -of -way and public open space) of the property lines of the parcel of land which is the subject of the proposal. If the proposal is of a type described in § 29-526, Appendix A, Supplemental Notice Require- ments, then the area of notification shall conform to the expanded notice require- ments of said Appendix A. Written notice shall also be provided to all formally desig- nated representatives of bona fide neighbor- hood groups and organizations and home- owners' associations within the area of noti- fication. The Director of Planning shall mail such written notices at least seven (7) days prior to the administrative review hearing date established pursuant to subparagraph (2) above. The applicant shall prepare a list of persons to whom such notice is to be mailed, and, in order to assist the applicant in preparing such list, the Director of Plan- ning shall provide the applicant with a map delineating the required area of notification, which area may be extended by the Director of Planning 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 deliver such no- tice shall not affect the validity of any such hearing. The real property proposed to be developed shall also be posted with a sign, giving notice to the general public of the proposed development. For parcels of land exceeding ten (10) acres in size, two (2) signs shall be posted. The size of the sign(s) re- quired to be posted shall be as established in said Appendix A, Supplemental Notice Re- quirements. Such signs shall be provided by the Planning Department and shall be posted by the Director of Planning on the subject property in a manner and at a loca- tion or locations reasonably calculated to af- ford the best notice to the public, which post- ing shall occur within seven (7) days follow- ing submittal of an application to the Plan- ning Department. A refundable deposit in the amount of ten dollars ($10.) per sign shall be submitted to the Planning Depart- ment at the time of the filing of the proposal application and shall be refunded to the ap- plicant upon retrieval of said sign(s) in good condition. (4) The Director of Planning shall consider any such proposal at an administrative review hearing occurring not sooner than four (4) weeks nor later than ten (10) weeks follow- ing the submittal of the proposal application except that, upon the request of the appli- cant, such hearing may be scheduled for a later date. (5) Within eight (6) days after the administra- tive review hearing, the Director of Planning shall either approve or deny the plan, or re- fer the decision to the Planning and Zoning Board pursuant to subparagraph (7) of this Section. supp. No. 38 2020.11 § 29521 FORT COLLINS CODE (6) In making the administrative decision, the Director of Planning shall determine whether the proposed development conforms to § 29-526(D), Activity A, All Development Criteria, of the Code, and to any other stan- dards that have been established by the City Council by ordinance to regulate the pro. posed use or which are applicable to the re- gion or area in which the proposal is located, or to any historic district or structure af- fected by the proposed use. If the proposed development conforms to such criteria and standards, it shall be approved; if the pro- posed development does not so conform, it shall be denied. (7) Notwithstanding the provisions of subpara- graph (6) of this Section, the Director of Planning shall refer the decision to the Planning and Zoning Board if (a) the Direc- tor determines that the proposal raises is- sues that require further public hearing and discussion, or (b) any party -in -interest (as said term is defined in § 246) requests such referral, provided that such request is made prior to the conclusion of that portion of the hearing that pertains to the proposal. The decision of the Board shall be final, subject to appeal to the City Council pursuant to the provisions of Chapter 2, Article II, Division 3 of the Code. (8) Appeals from the decision of the Director of Planning may be taken by any party -in - interest to the Planning and Zoning Board by the filing of a notice of appeal with the Director of Planning in accordance with the rules and procedures established in §§ 2-48 and 2-49 of the Code. In the event of such an appeal, the Planning and Zoning Board shall conduct a new hearing on the Plan, and after the hearing, the Plan shall either be ap- proved, disapproved or approved with condi- tions. Any party -in -interest may further ap- peal the decision of the Planning and Zoning Board to the City Council by the filing of a notice of appeal with the City Clerk in ac- cordance with the provisions of Chapter 2, Article A Division 3 of the Code. (Ord No. 112, 1991, § 1, 10-1-91; Ord. No. 25, 1995, § 4, 3-21-95; Ord No. 169, 1995, 1-2-96) Sec. 29-522. Planning and Zoning Board re- view. For those proposals requiring design review of permitted uses by the Planning and Zoning Board pursuant to the regulations in the referral district or pursuant to § 29521(7), the Board shall hold a public hearing and the following regulations shall apply: (1) Any such public hearing shall be held follow- ing the giving of notice in accordance with the requirements established in § 29-521(3) for an administrative review hearing. In ad- dition, such public hearing shall be held at the next regularly scheduled meeting of the Planning and Zoning Board occurring not sooner than fourteen (14) days from the date that the application was referred to the Planning and Zoning Board pursuant to § 29-521(7). (2) In making its decision, the Planning and Zoning Board shall determine whether the proposed development conforms to § 29- 526(D), Activity A, All Development Criteria, of the Code, and to any other standards that have been established by the City Council by ordinance to regulate the proposed use or which are applicable to the region or area in which the proposal is located, or to any his- toric district or structure affected by the proposed use. If the proposed development conforms to such criteria and standards, it shall be approved; if the proposed develop. ment does not so conform, it shall be denied. (Ord. No. 112, 1991, § 1, 10-1-91; Ord. No. 25, 1995, § 5, 3-21-95; Ord. No. 169, 1995, 1-2-96) Supp. No. 38 2020.12 Sec. 29416 Landscape requirements Sec. 29417 Minimum area of lot Sec. 29.418 Planned Unit Developments Sec. 29.419 Site plan requirements Subdivision X T Transition District Sec.29.421 Purpose Sec. 29422 Uses permitted Sec. 29-423 Change of zoning Div. 4 Supplemental Regulations Subdivision A. Generally Reserved Subdivision B. Accessory Buildings and Uses Sec.29-456 Definition Sec. 29-457 Permitted buildings and uses Sec. 29-458 Family -care homes Sec. 29-459 Home occupations Subdivision C. Supplementary Lot Area and Building Requirements Sec. 29-471 Lot area and width Sec.29-472 Yard regulations Sec. 29-473 Childcare center regulations Sec. 29-474 Small animal veterinary clinic and hospital regulations Sec. 29475 Group home regulations; special review Sec. 29476 Supplementary building height regulations Sec. 29.477 Supplementary regulations for retail establishments occupying more than 25,000 square feet Sec. 29.478 Screening requirements Subdivision D. Of -Street Parking and Vehicular Uses Sec.29491 Definitions Sec. 29492 General requirements Sec. 29493 Parking lot requirements Sec. 29494 Required spaces Sec. 29.495 Drive -through use stacking apace Sec. 29496 Off-street loading areas Subdivision E. Fences, Hedges and Walls Sec.29-511 Regulations Subdivision F. Vested Property Rights Sec.29-512 Definitions Sec. 29-513 Notice and hearing Sec. 29-514 Approval; effective date; amendments Sec. 29515 Other provisions unaffected Sec. 29-516 Automatic repeal; waiver Subdivision G. Design Review o%Permitted Uses Sec. 29-520 Applicability and submission requirements Sec. 29-521 Administrative review Sec. 29-522 Planning and Zoning Board review Subdivision H. Water -Conserving Landscape and Irrigation Sec. 29-523 Landscape requirements Sec. 29.524 Irrigation requirements Supp. No. 39 1978.3 ZONING, ANNEXATION AND DEVELOPMENT OF LAND Subdivision H. Water -Conserving Landscape and Irrigation Sec. 29-523. Landscape requirements. All landscaping required by this Chapter shall comply with Criterion 1.11 of § 29-526(D), Activ- ity A, 'All Development Criteria." (Ord. No. 76, 1994, § 5, 6-7-94) Sec. 29-524. Irrigation requirements. (a) If the planting areas in the landscaping re- quired by this Chapter are extensive, the installa- tion of an underground irrigation system shall be required, and a final irrigation plan shall be sub- mitted to and approved by the General Manager of the Office of Water, Wastewater and Stormwa- ter Utility Services prior to the issuance of the first building permit, or if no building permit is required, prior to the commencement of construc- tion. The final irrigation plan shall be submitted in accordance with § 29-526(G)(4)(d). If the water requirements of the plant material are low enough to be met with natural precipitation, and if a means of temporary irrigation is available to es- tablish the plant material, the General Manager may waive the requirement for an underground irrigation system. (b) The irrigation system shall comply with Cri- terion 1.11 of § 29-526(D), Activity A, 'All Devel- opment Criteria.' (Ord. No. 76, 1994, § 5, 6-7-94; Ord. No. 8, 1996, § 21, 2-20-96) Subdivision L Special Development Standards Sea 29-525. Application of standards. All proposals for land use or development shall conform to any additional standards adopted by the City Council by ordinance, to the extent that such standards are expressly intended to regulate such proposed land use or developments. Such special standards shall include, without Iimitation, the following: (1) Harmony Corridor Standards. (2) Standards for Large Retail Establishments. (3) Prospect Road Streetscape Standards. § 29526 (4) Design Guidelines for Historic Old -Town Fort Collins. (5) Design Guidelines for Neighborhood Conve- nience Shopping Centers. (6) Standards and Guidelines for The North College Avenue Corridor. (Ord. No. 25, 1995, § 6, 3-21-95; Ord. No. 27, 1996, § 1, 3-5-96) DIVISION 5. LAND DEVELOPMENT GUIDANCE SYSTEM FOR PLANNED UNIT DEVELOPMENTS Sec. 29.526. Adopted by reference. Ordinance No. 44, 1982, enacted by the City Council on April 20, 1982, adopted the Land De- velopment Guidance System for Planned Unit De- velopments. This ordinance and all amendments which are made a part hereof by reference are available as a supplement to this Code in the De- partment of Planning and are available for public inspection in the office of the City Clerk. (Code 1972, § 118.83) Editor's note -The document adopted in this section has been amended by the following ordinances: Ord. No. 45, 1968, 10.24.68 Ord. No. 15, 1970, 3.26-70 Ord. No. 66, 1973, 8.16.73 Ord. No. 60, 1974, 12-12-74 Ord. No. 39, 1975, 9-16-75 Ord. No. 40, 1977, 4-19-77 Ord. No. 45, 1977, 5-17-77 Ord. No. 92, 1977, 8-2-77 Ord. No. 104, 1977, 9.6.77 Ord. No. 9$ 1978, 10.3-78 Ord. No. 159, 1979, 12.4-79 Ord. No. 17Z 1979, 1-8-80 Ord. No. 176, 1979, 3.4.80 Ord. No. 140, 1980, 10.21-80 Ord. No. 153, 1980, 11-1"0 Ord. No. 33, 1981, 3.3-81 Ord. No. 44, 1982, 4-20-82 Ord. No. 104, 1982, 9.21-82 Ord. No. 46, 1984, 4.M-84 Ord. No. 109, 1986, 9.2-86 Ord. No. 98, 1988, §§ 1, 3, 104-88 Ord. No. 117, 1989, % 1, 2, 8-15.89 Ord. No. 77, 1990, §§ 3, 4, 747-90 Ord. No. 31, 1991, §§ 1-6. 4-16-91 Supp. No. 39 2020.13 § 29-526 Ord. No. 3Z 1991, 4-16.91 Ord. No. 99, 1991, §§ 3, 4, 8.20-91 Ord. No. 14Z 1991, H 2-5, 12.17.91 Ord. No. 4, 1"Z § 2, 24-92 Ord. No. 141, 199Z §§ 4, 5, 1-&93 Ord. No. 151, 1993, §§ 1-21, 12-7-9a Ord. No. 76, 1994, §§ 1-3, 6-7-94 Ord. No. 90, 1994, §§ 1-3, 6-21.94 Ord. No. 96, 1994, §§ Z 4, 6-21-94 Ord. No. 114, 1994, H L Z 6-2-94 Ord. No. 139,1994, 0 2-4. 9-20.94 Ord. No. 4, 1995, §§ 3, 4, 1-17.95 Ord. No. 161, 1995, §§ 1-4, 12.5-95 Ord. No. Z 1996,0 1-3, 2-20-96 FORT COLLINS CODE Sec. 29-527. Planned unit developments, ef- fect of. (a) In the event that a property has obtained development approval of a final planned unit de- velopment plan pursuant to § 29-526 of the Code, such property may not thereafter be developed in any other fashion, except when such development is for the purpose of continuing or expanding any legal use (but not to include any previously ap- proved subdivision or planned unit development) which existed upon the property at the time of the approval of the planned unit development plan; or upon the occurrence of one (1) of the following events: (1) The right to develop the property in accor- dance with the approved planned unit devel- opment plan has expired pursuant to § 29- 514 or § 29-526(H) of the Code, in which event the property may be developed as a use specifically permitted by right, or according to such other planned unit development as may subsequently be approved by the Plan- ning and Zoning Board; (2) The owner of the property has obtained the approval, by resolution, of the Planning and Zoning Board to abandon the right to devel- op the property (or any portion thereof) in accordance with the approved planned unit development plan, in which event the right to develop other than as a planned unit de- velopment shall apply only to the portion of the property which is no longer subject to the planned unit development plan; (3) The owner of the property has obtained per- mission from either the Director of Planning or the Planning and Zoning Board to amend the final development plan in accordance with § 29-526(F)(5), in which event the prop- erty shall be developed according to the amended plan; Supp. No. 39 2020.14 [The next page is 2021) ZONING, ANNEXATION AND DEVELOPMENT OF LAND (4) The owner of the property has obtained the approval of the Planning and Zoning Board to redevelop the property (or any portion thereof) in some manner other than in a000r dance with the approved planned unit devel- opment plan because of the destruction of improvements constructed pursuant to the approved planned unit development plan by reason of fire, flood, tornado or other catas- trophe, in which event the property shall be developed according to the plan for redevel- opment approved by the Planning and Zon- ing Board. (b) Any property owner seeking to obtain the approval of the Planning and Zoning Board pur- suant to § 29.527(a)(2), (3) or (4) shall submit an application complying with the requirements and procedures set forth in § 29526(F)(5) of the Code pertaining to amendments to planned unit devel- opments. (c) In considering whether to approve any appli- cation for abandonment, amendment or redevelop- ment pursuant to § 29-527(a)(2), (3) or (4), the Di- rector of Planning or the Planning and Zoning Board shall be governed by the following criteria: (1) The application shall not be approved if; in so approving, any portion of the subject property remains developed or to be devel- oped in accordance with the previously ap- proved planned unit development plan and, because of the abandonment, amendment or redevelopment, such remaining parcel of property would no longer qualify for ap- proval as a planned unit development pur- suant to the criteria and requirements of § 29-526 of the Code. (2) The apliftlion shall not be approved if, in so approving, the City's rights of ownership of or practical ability to utilize any previ- ously .dedicated street, easement, right-of- way or other public area or public property would be denied or diminished to the detri- ment of the public good. § 29.541 If the Planning and Zoning Board finds that the foregoing criteria and the criteria pertaining to amendments of final plans generally have been satisfied, the Board shall approve the application. (Ord. No. 4, 1992, § 1, 2-4-92; Ord. No. 151, 1993, 1 22, 12-7-93) Sec. 29428. Submittal and hearing schedule for planned unit developments. On or before the first day of each calendar year, the Director of Planning shall establish, post and file with the City Clerk a schedule showing the regular monthly meeting dates of the Planning and Zoning Board for the ensuing year and the corresponding filing deadlines for the submittals of applications for approval of overall develop- ment plans, preliminary plans and final plans, which filing deadlines shall provide for a mini- mum of nine (9) weeks and a maximum of ten (10) weeks between the filing of a complete application and the hearing at which the application shall be considered. (Ord. No. 90, 1994, § 4, 6.21-94) Sees.296529-29-540. Reserved. DIVISION 6. NONCONFORMING USES AND STRUCTURES Sea 29-541. Definitions. The following words, terms and phrases, when used in this Division, shall have the meanings as- cribed to them in this Section: Nonconforming building shall mean any legally existing building which does not conform to the minimum area of lot, minimum width of lot or minimum yard regulations of this Article for the district in which such nonconforming building is located, either at the effective date of this Article (October 24, 1965) or as a result of subsequent amendments which may be incorporated into this Article. Supp. No. 31 2021 i 29-Ul FORT COLLINS CODE Nonconforming use Shall mean any legally exist- ing use, whether within a building or on a tract of land, which does not conform to the use regula- tions of this Article for the district in which such nonconforming use is located, either at the effec. five date of this Article (October 24, 1965) or as a result of subsequent amendments which may be incorporated into this Article. (Code 1972, § 118-84(A)) Cron rorereooa—DednW oa Sad ruW of oo u*racd n Sm. a sIly, i 1.2. Sea 29442. Continuation of use. A nonconforming use may be continued and a nonconforming building may continue to be occu- pied, except as both of the foregoing are otilarwise provided for in this Article. (Code 1972, § 118-94(B)) Sea 29.543. Change of use. (a) A nonconforming use may be changed to any conforming use. Any change of a nonconforming use, other than to a conforming use, shall require approval of the Planning and Zoning Board. In udering a proposed change, the board shall :e a finding as to whether or not the change in is more compatible with the now of the our :nding property than the existing nonconform- .a use. (b) For the purpose of review, the following cri- teria shall be considered: (1) The nature and purpose of the existing non- conforming use; (2) The difference in quality and character of the proposed um% (3) The difdegree of use of the proposed use; but not limited to hours of opse4iEtoa and parking require merits; Sec. 29-544. Abandonment of use. If active and continuous operations are not car- ried on in a nonconforming use during a continu- ous period of one (1) year, the building, other structure or tract of land where such nonconform. ing use previously existed shall thereafter be oc- cupied and used only for a conforming use. Intent to resume alive operations shall not affect the foregoing. (Code 1972, § 118$4(D)) Sea 29-545. Restoration. A nor- informing building or a building contain- ing a r informing use which has been damaged by fire . cher causes may be restored to its orig- inal con<<cIn, provided such wr:-k is started within six (6) months of such calamity and com- pleted within one (1) year of the time the restora- tion is commenced. (Code 1972, § 118.84(E)) Sec. 29-546. Enlargement of a building con- taining a nonconforming use. (a) A proposal for the enlargement or extension of a building containing a nonconforming use shall require the approval of the Planning and Zoning Board. In considering a proposed enlarge- ment or extension, the board shall make a finding as to whether o: not the enlargement or extension will adversely affect the surrounding properties. (b) For the purpose of review, the Planning and Zoning Board shall consider the following criteria: (1) The nature of the proposed expansion; (2) The size of the proposed expansion; (3) The difference in the degree of use of the nonconforming use as a result of the pro- posed expansion; (4) The reasons for the ro change; (4) The reasons for the proposed expansion; proposed of theproposed use on (5) The overall impact of the proposed ezpan- (5) the overall impact sion on the surrounding property. the surrounding property. (Code 197Z § 118-84(F)) (Code 1972, § 118-84(C)) Supp. No. 31 2022 ZONING, ANNEXATION AND DEVELOPMENT OF LAND Sec. 29-547. Alteration of a nonconforming building. (a) A nonconforming building may be struc- turally altered, repaired or enlarged in any way permitted by these regulations. Any building or other structure containing a nonconforming use or any nonconforming building or portion declared unsafe by the Building Permits and Inspections Administrator may be strengthened or restored to a safe condition. (b) Nothing in this Article shall be interpreted as authorization for or approval of a continuance of the use of a structure or premises in violation of the zoning regulations in effect on October 24, 1965. (Code 1972, § 118-84(G)—(I)) Secs.29.548-29-560. Reserved. ARTICLE IV. SIGNS' DIVISION 1. GENERALLY Sea 29-561. Signs permitted. Signs shall be permitted in the various districts as accessory uses in accordance with the regula- tions contained in this Article. (Code 1972, § 118-90) Sea 29462. Prohibited signs. Rooftop signs and all other signs which project above the fascia wall, portable signs, revolving and rotating sips, strings of light bulbs not per- manently mounted on a rigid background used in connection with commercial premises for commer- cial purposes other than traditional holiday dew. rations, posteas and wind -driven signs (except banners and pennants) shall be prohibited in all districts. (Code 1972, § 118-97(D)) Sea 29-M. Nonconforming signs. (a) Existing signs which were erected without a permit and which, although legally permissible at the time they were erected, have become noncon- •Cron references —Buildings and building regulations, QL 5; signs over strwu and sidewalks pm b bited, § 24.1. § 29-563 forming because of subsequent amendments to this sign code must be brought into conformance with the provisions of this Article, as amended, within ninety (90) days of the effective date of the amendment which caused the nonconformity. (b) Existing on -premise signs for which a sign permit was issued pursuant to the previous provi. sions of this Code, and which have become non- conforming because of subsequent amendments to said Code, shall be brought into conformance with the provisions of this Article within fifteen (15) years from the date of the amendment which caused the nonconformity; provided, however, that during said fifteen (15) year period of amorti- zation, such signs shall be maintained in good condition and no such sign shall be: (1) Structurally changed to another noncon- forming sign, although its content may be changed; aupp. No. 31 2022.1 [The nest page is 2023] ZONING, ANNEXATION AND DEVELOPMENT OF LAND (2) Structurally altered in order to prolong the life of the sign, except to meet safety re- quirements; (3) Altered so as to increase the degree of non- conformity of the sign; (4) Enlarged; (5) Continued in use if a change of use occurs as defined in the zoning ordinance; or (6) Re-established after damage or destruction if the estimated cost of reconstruction exceeds fifty (50) percent of the appraised replace- ment cost. (c) 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 dur- ing said five year (5) amortization period, such signs shall be maintained in good condition and shall be subject to the same limitations contained in subparagraph (b)(1) through (6) above. This subsection shall not apply to off -premise signs which are within the ambit of the just compensa- tion provisions of the Federal Highway Beautifica- tion Act and the Colorado Outdoor Advertising Act. (d) All existing signs with flashing, moving, blinking, chasing or other animation effects not in conformance with the provisions of this Article and located on property annexed to the city after November 28, 1971, shall be made so that such flashing, moving, blinking, chasing or other ani- mation effects shall cease within sixty (60) days after such annexation or sixty (60) days after the effective date of the ordinance from which this subsection was derived, whichever occurs later. (Code 1972, §§ 118-97(B), (B), (L), 118-98; Ord. No. 145, 1990, §§ 2, 3, 2-5-91; Ord. No. 8, 1994, § 4, 2-15-94) Secs.29-564-29.575. Reserved. DIVISION 2. ADMINISTRATION § 29-591 Sec. 29.576. Permit required; exception. (a) The erection, remodeling or removal of any sign shall require a permit from the Zoning Ad- ministrator, except that no permit shall be re- quired for the erection, remodeling or removal of any sign regulated by §§ 29-591(1), (3) and (7), 29- 593(2) and (3), and 29-599. (b) All sign permit applications shall be accom- panied by detailed drawings indicating the dimen- sions, location and engineering of the particular sign and plat plans when applicable. (Code 1972, § 118-97(A), (B)); Ord. No. 12, 1989, § 3, 2-21-89) Sees.29-577-29-590. Reserved. DIVISION 3. REGULATIONS Sec. 29-591. Limitations for residential dis- tricts and uses. Signs in the N-C-L, N-C-M, R-E, R-L, R-M and R-P Districts or for any residential use subject to being shown on a Planned Unit Development plan defined, processed and approved in accordance with § 29-526, may include and shall be limited to the following. (1) One (1) identification sign per single-family or two-family dwelling, provided such sign does not exceed two (2) square feet in area per face; (2) One (1) identification sign per multifamily dwelling, provided such sign does not exceed twenty (20) square feet in area per face and has only indirect illumination; (3) One (1) for sate or for rent sign per lot, pro- vided such sign does not exceed six (6) square feet in area per face and is unlighted; (4) Identification signs during the construction of a development, provided that the place- ment and use of all such signs shall be sub- ject to the following limitations: Supp. No. 28 2023 § 29-591 FORT COLLINS CGDE a. The maximum size for identification signs shall be sixty-four (64) square feet in area per face; b. All such signs shall be located within the development and must be located along arterial roads adjacent to the development and subject to the follow- ing limitations: 1. No more than two (2) such signs shall be permitted on any single ar- terial boundary of the development; 2. Such signs must be at least one thousand (1,000) feet apart if they are not located at the same•intersec- tion. a When a development has no frontage on an arterial road, identification signs may be located along collector streets adjacent to the development, except that no more than one (1) such sign shall be permitted along any collector street ad- jacent to the development; d. Identification signs must be removed when the development sales office closes. (5) One (1) identification sign per public or semipublic use, provided such sign does not exceed thirty-five (35) square feet in area per face, eight (8) feet in height and has only in- direct illumination; (6) One (1) identification sign per entrance to the property identifying a subdivision or housing project, provided that such sign does not exceed thirty-five (35) square feet in area per face, six (6) feet in height and has only direct illumination. When such signs are placed on subdivision entry wall structures, only the sign face shall be used to calculate the size of the sign;. (7) Any number of election signs provided each such sign does not exceed eight (8) square feet in area per face and is unlighted; (8) One (1) identification sign per child-care center, provided such sign does not exceed ten (10 . i.uare feet in area per face and is unlightc<-. (9) One (1) identification sign per subdivision sales office, provided that such sign does not exceed ten (10) square feet in area per face and is unlighted; (10) Any number of ideological signs, provided such signs do not exceed ten (10) square feet in area per face with a maximum aggregate of twenty (20) square feet in face area per lot and are unlighted. In addition, where an identification sign is allowed under this Sec- tion, all or any portion of said sign may be used as an ideological sign; (11) One identification sign per licensed home occupation with lot frontage on an arterial street, provided that such sign does not ex- ceed four (4) square feet in area per face. (Code 1972, § 118-91; Ord. No. 12, 1989, § 5, 2-21- 89; Ord. No. 68, 1992, § 15, 7-7-92; Ord. No. 8, 1994, § 5, 2-15-94) Crow references-R-E Estate Residential District, § 29.91 at sq.; R-L Low Density Residential District. § 29-131 at seq.; R-M Medium Density Residential Distmkc § 29-176 at seq.; R-P Planned Residential District. § 29.221 at seq. Sec. 29-592. Limitation in N-C-B, R-H, M-L and M-M Districts. Signs in the N-C-B, R-H, M-L and M-M Districts may include and shall be limited to the following: (1) Signs permitted in the R-M District; (2) One (1) identification sign per principal use, other than a residential use, provided such sign does not exceed sixty (60) square feet in area per face. (Code 1972, § 118-92; Ord. No. 68-1992, § 16, 7-7- 92) Crow references-R•H High Density Residential District § 29.201; M-L Low Density Mobile Homo District, § 29.251; M- M Medium Density Mobile Home District, § 29-271. Sec. 29-593. General limitations for nonresi- dential districts and uses. Signs in the E-P, R-C, C-L, B-P, B-L. B-G, H-B, C, I-L, I-G and IT Districts, or any business, com- mercial and industrial use subject to being shown on a Planned Unit Development plan as defined. processed and approved in accordance with § "-' 526 may include and shall be limited to the folic ing: (1) Such signs as are permitted in the R-M Dis trict. Supp. No. 28 2024 ZONING, ANNEXATION AND DEVELOPMENT OF LAND § 29-593.1 (2) Any number of election signs, provided each such sign does not exceed thirty-two (32) square feet in area per face. (3) One (1) for sale or for rent sign per lot, pro- vided such sign does not exceed sixteen (16) square feet in area per face. (4) Any number of ideological signs, provided such signs comply with all other require- ments for signs in nonresidential districts. (5) Flush wall signs, projecting wall signs, win- dow signs, freestanding signs and ground signs, provided that the placement and use of all such signs shall be governed by and shall be within the following limitations: a. For the first two hundred (200) feet in building frontage length, the maximum sign area permitted shall be equal to two (2) square feet of sign area for each linear foot of building frontage length; b. For that portion of a building frontage which exceeds two hundred (200) feet in length, the maximum sign area permit- ted shall be equal to one (1) square foot of sign area for each linear foot of build- ing frontage length over such two hun- dred (200) feet. The sign area permitted hereunder shall be in addition to the sign area permitted under (5)a. above; a In no event shall the total sign allow- ance for any property be less than one (1) square foot of sign allowance for each linear foot of lot frontage. d. In no event shall more than three (3) street or building frontages be used as the basis for calculating the total sign allowance as permitted in subsections (5)a.-c. above, inclusive. (6) For the purpose of this Section, the sign al- lowance shall be calculated on the basis of the length of the one (1) building frontage which is most nearly parallel to the street it faces. If a building does not have frontage on a dedicated public street, the owner of the building may designate the one (1) building frontage which shall be used for the purpose of calculating the sign allowance. If the only building frontage which fronts on a dedi- cated street is a wall containing no signs, the property owner may designate another build- ing frontage on the building on the basis of which the total sign allowance shall be calcu- lated, provided that no more than twenty- five (25) percent of the total sign allowance permitted under this Article may be placed on frontage other than the building fascia which was the basis for the sign allowance calculation. In all other cases, the sign allow- ance for a property may be distributed in any manner among its building and/or street frontages except that no one (1) building or street frontage may contain more sign area than one hundred (100) percent of the sign area provided for by (5)a.-d. above, inclu- sive. (Code 1972, § 118-93; Ord.. No. 12, 1989, § 6, 2-21- 89; Ord. No. 68, 1992, § 17, 7-7-92; Ord. 141, 1992, § 1, 1-5-93; Ord. No. 8, 1994, §§ 6, 7, 8, 2- 15-94) Crow references-B-P Planned Business District, § 29.286 et seq.; B-L Limited Business District, § 29.301 et seq.; H-B Highway Business District, § 29.321 st seq.; B-G General Buei- ness District, § 29.336 at seq.; C Commercial District, § 29.351 et seq.; I-L Limited Industrial District, § 29.366 et seq.; I-G General Industrial District, § 29.386 et seq.; I-P Industrial Park District, § 29401 et seq. Sec. 29-593.1. Limitations for nonresidential districts and uses in the Resi- dential Neighborhood Sign District. There is hereby established a "Residential Neigh- borhood Sign District" for the purpose of regulat- ing signs for nonresidential uses in certain geo- graphical areas of the city which may be particu- larly affected by such signs because of their pre- dominantly residential use and character. The boundaries of the Sign District shall be shown on a map which shall be maintained in the office of the City Clerk. Any amendments to this map shall be made in the same manner as amendments to the zoning district map of the city, as provided in §§ 29-23 and 29-24. The following provisions shall only apply to proposed neighborhood service cen- ters, neighborhood convenience shopping centers, business service uses and auto -related and road- side commercial uses in the "Residential Neighbor- hood Sign District" which are developed on or after January 15, 1993. In addition, all such provi- sions, except subsections (14) and (15) below, shall apply to signs in neighborhood service centers, supp. No. 29 n 2025 § 29.593.1 FORT COLLINS CODE neighborhood convenience shopping centers, busi- (5) Freestanding signs shall be permitted only if ness service uses and auto -related and roadside constructed with a supporting sign structure, commercial uses in the "Residential Neighborhood the width of which exceeds seventy (70) per. Sign District" which were developed prior to the cent of the width of the sign face. Freestand- effective date of this ordinance, whenever such ing or ground signs shall contain no more signs are erected. or remodeled pursuant to a per. than two (2) faces. No freestanding or mit after January 15, 1993. ground sign shall be located less than (1) Signs regulated under this Section shall gen- seventy-five (75) feet from any directly abut- erally conform to the other requirements of ring property which contains an existing or Chapter 29, Article IV, except that when any approved residential use or is zoned for resi- of the following limitations are applicable to dential use. For the purposes of this sub - "approved" a particular sign, the more restrictive limita- section, the term shall be defined tion shall apply. as having current preliminary or final planned unit development approval. (2) Signs regulated under this Section shall also (6) All supporting sign structures of a freestand- conform to any locational requirements im- ing or ground sign shall match the primary posed by the Planning and Zoning Board as finish and colors of the associated build - a condition of the approval of the planned ing(s). unit development plan under § 29-526. Ex- cept as to location, the Planning and Zoning (7) All signs which are greater than four (4) Board shall not impose more restrictive re- square feet in area except ground signs and quirements or conditions than required un- those signs which replicate a business logo, der this Section. must be comprised only of individual letters or cabinets wherein only the letters are illu- (3) No sign shall project more than twelve (12) mina inches beyond the building fascia. Under- canopy signs which are perpendicular to the (8) The maximum size of individual letters and face of the building shall be exempted from logos on fluahwall signs and flush wall cabi- this requirement except that they shall be nets shall be as follows: limited to four (4) square feet in area per face. Maximum Mazimam Main dat fetter logo cabinet (4) Freestanding or ground signs shall comply use height height height with the following requirements with respect Auto -related and 12" is" 18" to size, number and height: roadside commercial and busineas service uses Maximum - Maximum number signs Neighborhood 28" 24" 24" area per permitted per Masimum conveniand shopping center Use sign face street frontage height Neighborhood service Auto -related Primary - Primary - 1 Primary - ' center 24'- W. 30"" and roadside 32 sI. commercial ' Any individual tenant space exceeding forty-five thou - and business sand (45,000) square het in floor area shall be per - service uses mitted one (1) flushwall sign with individual letters not to exceed fortyaight (48) inches in height and/or logos Neighborhood Primary • Primary • 1 Primary - not to a:eee I fifty-four (54) inches in height. The maxi - convenience 40 s.f. 8 ft. mum cabinet height shall be fifty-four (54) inches in shopping height. center (9) If signs are illuminated, only internal illumi- Neighborhood Primary. Primary • l Primary- nation shall be permitted. This requirement service 55 s.f. Secondary • 1 loft ' 0ft. center Secondary - Secondary - shall not apply to freestanding or ground 32 s.f. 6 ft. signs. Supp. No. 28 2026 ZONING, ANNEXATION AND DEVELOPMENT OF LAND (10) The length of any flushwall sign for an indi- vidual tenant space shall be limited to seventy-five (75) percent of the width of the tenant storefront, but no sign shall exceed forty (40) feet in length; provided, however, that any individual tenant space exceeding forty-five thousand (45,000) square feet in floor area shall be permitted one (1) flush - wall sign not exceeding fifty-five (55) feet in length. Each tenant space shall be allowed one (1) such flushwall sign on each exterior building wall directly adjacent to the tenant space. In the event that a tenant space does not have a directly adjacent exterior wall, one (1) sign not exceeding thirty (30) square feet may be erected on an exterior wall of the building for the purpose of identifying that tenant space. (11) No illuminated sign visible from or within three hundred (300) feet of any property which contains an existing or approved resi- dential use or is zoned for residential use, may be illuminated between the hours of eleven (11:00) p.m. (or one-half (1/z] hour after the use to which it is pertains is closed, whichever is later) and six (6:00) a.m.; pro- vided, however, that this time limitation shall not apply to any lighting which is used primarily for the protection of the premises or for safety purposes or any signage which is separated from a residential use by an ar- terial street. For the purposes of this subsec- tion, the term "approved" shall be defined as having current preliminary or final planned unit development approval. (12) One (1) flushwall sign or under -canopy sign per street frontage, not to exceed twelve (12) square feet in area, shall be permitted on or under the fascia of a canopy covering the re- tail dispensing or sales of vehicular fuels. (13) For the first two hundred (200) feet in build- ing frontage length in a neighborhood ser- vice center, the maximum sign area per- mitted shall be equal to one and one -quarter (1'/4) square feet for each linear foot of build- ing frontage length. For that portion of a. building frontage which exceeds two hun § 29.593.1 dyed (200) feet in length, the maximum sign area permitted shall be equal to two-thirds (2/3) foot for each linear foot of building frontage length over such two hundred (200) feet. (14) For the first two hundred (200) feet in build- ing frontage length in a neighborhood conve- nience shopping center, business service use or auto -related and roadside commercial use, the maximum sign area permitted shall be equal to one (1) square foot for each linear foot of building frontage length. For that portion of a building frontage which exceeds two hundred (200) feet in length, the maxi- mum sign area permitted shall be equal to one-half ('/2) foot for each linear foot of building frontage over such two hundred (200) feet. (15) In addition to the basic size allowance per- mitted under subsection 29-593.1(4), the sign area and height of a freestanding or ground sign may be increased by an addi- tional twenty (20) percent if only identifica- tion of the name and/or logo of the retail center or business park is used on the pri- mary or secondary freestanding or ground sign. This bonus shall only be applied to the freestanding or ground sign on which the limitation occurs. (16) Window signs, excluding ideological signs, may cover no more than twenty-five (25) percent of the surface area of the window or door in which such signs are placed. Tempo- rary window signs shall not be allowed above the first story of a building. A window sign shall be considered to be a temporary window sign if it is displayed in the same window or door, or same approximate loca- tion outside of a window or door, for no more than thirty (30) calendar days within a six-month period of time. Changes in the message displayed on such sign shall not af- fect the computation of the thirty -day period of time provided for herein. (Ord. 141, 1992, § 2, 1-5-93; Ord. No. 8, 1994, § 16, 2-5-94) Supp. No. 28 ^ 2026.1 Subdivision L Special Development Standards Sec.29-525 Application of standards Div. 5 Land Development Guidance System for Planned Unit Develop- ments Sec, 29526 Adopted by reference Sec. 29-527 Planned unit developments, effect of Sec. 29528 Submittal and hearing schedule for planned unit developments Div. 6 Nonconforming Uses and Structures Sec.29541 Definitions Sec 29-542 Continuation of use Sec. 29.543 Change of use Sec. 29544 Abandonment of use See.29545 Restoration Sec. 29546 Enlargement of a building containing a nonconforming use See. 29547 Alteration of a nonconforming building IV. Signs Div.1 Generally Sec. 29-561 Signs permitted Sec. 29562 Prohibited signs Sec. 29563 Nonconforming signs Div.2 Administration Sec. 29-576 Permit required; exception Div.3 Regulations Sec. 29591 Limitations for residential districts and uses Sec. 29592 Limitation in N-C-B, R-H, M-L and M-M Districts Sec. 29593 General limitations for nonresidential districts and uses Sec. 29593.1 Limitations for nonresidential districts and uses in the Residential Neighborhood Sign District Sec. 29594 - Measurement of signs Sec. 29595 Freestanding and ground sign requirement Sec. 29596 Projecting signs Sec. 29-596.1 Flush wall signs Sec. 29-597 Canopy signs Sec. 29598 Awning signs Sec. 29599 Election signs Sec. 29-6W - Electrical signs Sec. 29-601 Banners and pennants Sec. 29-602 Structural requirements; exceptions Sec. 29-603 Off -premise signs Sec. 29-604 Vehicle -mounted signs Sec. 29-605 Discontinued establishments; removal of sign(s) Sec. 29-607 Window signs V. Subdivisions Div.1 Generally Sec. 29.623 Application of regulations Sec.29-624 Jurisdiction Sec. 29-625 Plat general requirements Sec. 29.626 Time limit for validity of the final plan Supp. No. 39 '1978.4 § 29-594 Sec. 29-594. Measurement of signs. FORT COLLINS CODE (a) The area of signs with regular geometric shapes shall be measured using standard mathe- matical formulas. Regular geometric shapes shall include, but not be limited to, squares, rectangles, triangles, parallelograms, circles, ellipses or com- binations thereof. (b) The area of signs with irregular shapes or of individual letter signs shall be the entire area within a single continuous perimeter of not more than eight (8) straight lines enclosing the extreme limits of the sign. (c) The total measured area of a sign shall in- clude the area of all writing, representation, lines, emblems or figures contained within all modules, together with any air space, material or color forming an integral part or background of the dis. play if used to differentiate such sign from the backdrop or structure against which it is placed. (d) The total surface area of all sign faces shall be counted and considered to be part of the maxi- mum total sign area allowance. (a) The area of all freestanding and ground signs shall include the area of the sign face(s) as calculated in subsections a.—d. above, together with any portion of the sign structure which ex. ceeds one and one-half (11/2) times the area of the sign face(s). (Ord. No. 8, 1994, § 9, 2-15.94) See.29-595. Freestanding and ground sign requirement. (a) Ground signs which exceed forty-two (42) inches in height, and freestanding signs which do not maintain free air space between a height of forty-two (42) inches and seventy-two (72) inches above the adjacent street elevation, shall be set back from the right-of-way line a distance as es- tablished in the sight distance triangle table con- tained in this subsection. A freestanding sign shall not be construed to have free air space if such sign has a base, the width of which exceeds fifty (50) percent of the width of its face or three (3) feet, whichever is smaller. In addition, freestanding and ground signs shall not be located closer to the right-of-way line than allowed in subparagraph (c) of this Section. Sight Distance Triangle Setbacks Type ofstr Ydistances (feet) (feet) Arterial Right 135 Left 270 Collector Right 120 Left 220 Local Right 100 Left 150 Note: All "& distances shall be fifteen (15) feet measured perpendicular from the projected flow - line of the intersecting street. For explanation of distances, see the diagram below. X distances Safe sight distances (feet) (feet) 15 500. 15 400 15 300 These distances are typical sight distance triangles to be used under normal conditions and may be modified by the Director of Engineering in order to protect the public safety and welfare in the event that exceptional site conditions necessitate such modification. Supp. Na. 2S 2026.2 9 ZONING, ANNEXATION AND DEVELOPMENT OF LAND 0 3WIS errs 0n l Pier. ® a"OtfWa�e hlrrys (b) When electrical service is provided to free- standing signs or ground signs, all such electrical service shall be underground. (c) Ground and freestanding signs shall comply with the following requirements with respect to size, height and location: Requirements for Freestanding Signs Distance from Maximum site street nghtof- Maximum height atloued per - mayline above grade aide (fee" (fret) (square feet) 0 10 20 5 10 30 10 12 40 is 12 50 20 14 60 25 16 70 30 18 80 35 and more 18 90 $Aye 0lranoa Lb/ Baas d Ow Or sew rue of hM or Use Of /a.we d sear r ork*AW 4A CA 5 29-595 Requirements for Ground Signs Diseanas /rows Maximum ease street right -of- Maximum height allowed per Wray U" abovegrade side (feet) (fed) (square feet) 0 7 45 5 8.5 60 10 10 75 15 and more 12 90 (d) The maximum size for ground and freestand- ing signs shall be ninety (90) square feet per side. The maximum height for freestanding signs shall be eighteen (18) feet above grade. The maximum height for ground signs shall be twelve (12) feet above grade. No freestanding or ground sign shall be built within fifteen (15) feet of any interior side lot line. The minimum horizontal distance be- tween freestanding or ground signs located on the same lot shall be seventy-five (75) feet. (e) The maximum combined sign area of all faces of a freestanding or ground sign shall be two (2) times the maximum sign area allowed per side, based on setback. Any limitation imposed under this Article on the size of the face of a sign shall also apply to the entire side of the sign. Supp. No. 28 2026.3 § 29-595 FORT COLLINS CODE (f) The required setback of any freestanding or ground sign shall be measured from the street right-of-way line of the street frontage which is the basis for the allotment of such sign. Any such setback shall be measured perpendicularly from the street right-of-way line to the nearest portion of the sign face or structure. (g) When a freestanding or ground sign is placed on a lot with two (2) or more street frontages, such sign shall be said to be adjacent to a particu- lar street frontage when it is located closer to that street frontage than any other street frontage. (h) No more than one (1) freestanding or ground sign per street frontage shall be permitted for any property; excepting, however, election signs authorized in §§ 29-591(7) and 29.593(2), and for sale and for rent signs authorized in §§ 29-591(3) and 29-593(3). No freestanding or ground sign shall contain more than. three (3) cabinets or modules. W If a lot has more than one (1) street frontage, the freestanding or ground sign permit- ted for each frontage must be located adjacent to the street frontage which is the basis for the allotment of such sign. (j) The sign face of a single face sign must be most nearly parallel to the street frontage to which it is adjacent. The sign faces of a multi -face sign must be most nearly perpendicular to the street frontage to which they are adjacent. (k) A drive-in restaurant, when located on a lot with frontage on only one (1) street, shall be per- mitted one (1) additional freestanding or ground sign for the sole purpose of a menu board for the drive-thru customers. Such sign shall not exceed five (5) feet in height, thirty-five (35) square feet in area and shall be limited to one (1) face. Fifty (50) percent of the square footage of such sign shall be exempted from the total allowed for the property. (1) All supporting structures of ground signs shall be of the same or similar materials or colors of the associated building(s) which house the businesses or activities advertised on the sign. (Code 1972, § 118-95; Ord, No. 12, 1989, § 7, 2.21. 89; Ord. No. 73, 1989, § 2, 4-18-89; Ord. No. 8, 1994, §§ 10, 11, 12, 13, 2-15-94) Sec. 29-596. Projecting signs. (a) Signs projecting over private property shall not project more than six (6) feet from the face of the building nor beyond the minimum required building setback for the district in which located. Such signs shall not exceed fifteen (15) square feet per face. (b) No sign may project over a public right -of. way in any district, except that signs eight (8) feet or more above grade may project up to forty-eight (48) inches from the face of the building if the total area for such signs is the lesser of one (1) square foot of sign for each linear foot of building twelve (12) square feet per face. (Code 1972, § 118-96; Ord. No. 8, 1994, § 14, 2-15- 94) Sec. 29-598.1. Flush wall signs. No flush wall or individual letter sign shall ex- ceed seven (7) feet in height. Flush wall and indi- vidual letter signs may not project more than twelve (12) inches horizontally from the face of the building on which they are erected. Flush wall and individual letter signs which are mounted on mansards or other similar architectural features may not project more than twelve (12) inches hor- izontally, measured at the bottom of the sign, from the surface to which they are mounted. (Ord. No. 8,1994, § 15, 2-15-94) Sec. 29-597. Canopy signs. No canopy sign shall project above the top of the canopy upon which it is mounted. No canopy sign shall project from the face of a canopy. Under. canopy signs which are perpendicular to the face of the building shall be deemed to be projecting wall signs. Under canopy signs which are parallel to the face of the building shall be a minimum of eight (8) feet above grade and shall be deemed to be flush wall signs. (Code 1972, § 118-96.1) supp. No. 28 2026.4 ZONING, ANNEXATION AND DEVELOPMENT OF LAND Sec. 29.598. Awning signs. (a) No awning sign shall project above the top of the awning on which it is mounted. No awning sign shall project from the face of an awning. Awnings on which awning signs are mounted may extend over a public right-of-way no more than seven (7) feet from the face of a supporting build- ing. Awnings on which awning signs are mounted shall be at least eight (8) feet above any public right-of-way, except that any valance attached to an awning may be no less than seven (7) feet above a public right-of-way. (b) Awning signs shall not be back -lit, except for individual letters and business logos. The amount of signage on an awning shall be limited to the lesser of thirty-five (35) square feet per individual tenant space or twenty-five (25) percent of the to- tal area of the awning. Awning signs shall not be allowed above the first story of a building. (Code 1972, § 118-96.2; Ord. No. 8, 1994, § 16, 2- 15-94) Sec. 29-599. Election signs. (a) No election sign authorized by § 29591(7) or 29-593(2) shall be allowed on a lot prior to sixty (60) days before an election day; and provided fur- ther that any person desiring an election sign to remain on a lot in any district for a longer period may apply to the Zoning Board of Appeals for a variance to extend the time period. The board shall determine, based upon factors other than agreement or disagreement with the contents of the particular election sign, whether there is suffi- cient reason for an extension of time and the exact amount of time to be extended, taking into consid- eration the purpose for which the sign was erected, whether or not that purpose would still be served by allowing the sign to remain on the lot for an additional period of time, and the appropri- ate amount of time necessary to effectuate that purpose. All election signs shall be removed within five (5) days after the election day. (b) To the extent that an election message con- stitutes all or any portion of an ideological sign, the durational limitation contained in this Section shall not apply. (Code 1972, § 118-97(c); Ord. No. 12, 1989, § 8, 2-21-89) Sec. 29.600. Electrical signs. § 29.602 (a) Flashing, moving, blinking, chasing or other animation effects are prohibited on all signs, ex- cept time and temperature signs. (b) Illuminated signs shall avoid the concentra- tion of illumination. The intensity of the light source shall not produce glare, the effect of which constitutes a traffic hazard or is otherwise detri- mental to the public health, safety or welfare. (c) Every electric sign shall have affixed thereon an approved Underwriters' Laboratories label, and all wiring connected to such sign shall comply with all provisions of the National Electrical Code, as adopted by the city. (Code 1972, § 118.97(E), (F), (J); Ord. No. 8, 1994, § 17, 2-15-94) Crass reference —Electrical standards, § 5.80 et seq. Sec. 29-601. Banners and pennants. Banners and pennants are allowed in any dis- trict, provided a permit is obtained from the Zon- ing Administrator. Any person shall be entitled to use banners or pennants for not more than twenty (20) days per calendar year. The Administrator shall issue a permit for the use of banners and pennants in locations which will not cause unrea- sonable annoyance or inconvenience to adjoining property owners or other persons in the area and on such conditions as deemed necessary to protect adjoining premises and the public. The applicant shall remove any banners and pennants erected pursuant to a permit on or before the expiration date. If any person erects any banners or pennants without receiving a permit, as herein provided, the person shall be ineligible to receive a permit, as herein provided, for the remainder of the calendar year. (Code 1972, § 118-97(I)) Sec.29-602. Structural requirements; ex- ceptions. (a) All signs shall be maintained in good struc- tural condition at all times. All signs, including sign structures and sign faces, shall be kept neatly painted, including all metal parts and supports that are not galvanized or of rust -resistant metals, Supp. No. 28 " 2026.5 § 29-602 FORT COLLINS CODE and in a general state of good repair. For the pur- poses of this Section, good repair shall mean that there are no loose, broken or severely weathered portions of the sign structure or sign face. The Building Permits and Inspections Administrator shall inspect and shall have authority to order the painting, repair, alteration or removal of a sign which constitutes a hazard to safety, health or public welfare by reason of inadequate mainte- nance, dilapidation or obsolescence. (b) Signs shall be engineered to withstand a wind load of thirty (30) pounds per square foot, excepting, however, election signs authorized in §§ 29-591(7) and 29-593(2), and for sale and for rent signs authorized in §§ 29-591(3) and 29-593(3). (Code 1972, § 118-97(G), (A; Ord. No. 12, 1989, § 9, 2-21-89; Ord. No. 8, 1994, § 18, 2-15-94) Sec. 29-603. Off -premise signs. No off -premise sign (except an ideological or election sign) shall be constructed in any district after February 25, 1994. No illumination shall be added to any off -premise sign already in existence. (Ord. No. 8, 1994, § 19, 2-15-94) Sec. 29-604. Vehicle -mounted signs. (a) All vehicle -mounted signs shall be perma- nently affixed, painted, 'magnetically applied or otherwise mounted upon a vehicle and shall not project more than eighteen (18) inches above the surface to which they are attached; and any sign which is mounted upon the roof, hood or trunk of a vehicle and which projects above such surface upon which it is mounted shall not exceed two (2) square feet in area per face. (b) No sign shall be placed or erected in the bed of a truck or on the deck of a trailer or a truck. (c) The primary purpose of any vehicle upon which a vehicle -mounted sign is affixed must be to serve a useful function in the transportation or conveyance of persons or commodities from one place to another, including transportation to and from work and such intermittent delays and stops as are customary in the routine conduct of the business or activity for which the transportation ar conveyance occurs. (d) No vehicle upon which a vehicle -mounted sign is affixed may be parked on any lot for the primary purpose of directing or attracting the at- tention of the public to a building, institution, product, organization, event or location offered or existing elsewhere than upon the same lot where such vehicle is parked. (e) Banners displayed on vehicles shall be sub- ject to the regulations contained in § 29-601 of this Article. (f) Vehicle -mounted signs used in co^nection with a special event are exempted from the re- quirements of this Section during the term of the special event only. Upon the conclusion of the spe- cial event, such signs must either be dismantled, moved to a location where the sign is not visible from public rights -of -way or made to comply with the provisions of this Section. For the purposes of this subsection, the term special euent shall mean a parade, circus, fair, carnival, festival or other similar event that is intended to or likely to at- tract substantial numbers of persons and is differ- ent in character from the customary or usual ac- tivities generally associated with the property upon which the special event is to occur. (g) Vehicle -mounted signs which do not comply with the provisions of this Section shall be re- moved or made to conform by June 15, 1991. (h) This Section shall not apply to signs that are being transported for installation. (Ord. No. 7, 1991, § 2, 2-591) See.29-605. Discontinued establish.: !nts; removal of sign(s). Whenever a business,. industry, service or other use is disaontin :ed; the sign(s) pertaining to the use shall be removed or obscured by the person or entity owning or having possession of the property within ninety (90) days after the discontinuance of such use. (Ord. 8, 1994, § 20, 2-15.94) Sec. 29-606. Reserved. Sec. 29.607. Window signs. (a) Nonilluminated window signs of no more than six (6) square feet are exempt from permit requireme when the total area n: all window signs fills iess tha . twenty-five (25) ; ercent of .e Supp. No. 28 2026.6 ZONING, ANNEXATION AND DEVELOPMENT OF LAND 129.626 area of the architecturally distinct window in which they are situated, or when the total area of all window signs does not exceed twenty-five (25) percent of the total allowable sign area for the premises. (b) Muminated window signs, regardless of size, require a sign permit, and the area of such sips shall be calculated as part of, and be limited by, the total allowable sign area for the promisee. . (c) The area of window signs not exempt from permit requirements shall be calculated u a part o& and be limited by, the total allowable sign area for the premises. (d) Notwithstanding any other provision to the contrary, the maximum total area of all window signs in an architecturally distinct window shall not exceed eighty (80) equare feet, nor shall win- dow signs cover more than fifty (50) percent of the area of the window in which they are located. (Ord. No. 8, 1994, 121, 2-15.91) Sam 29-608-29-620. Reserved. Supp. No. 31 2026.7 NEW FOLDER NEW FOLDER NEW FOLDER NEW FOLDER NEW FOLDER NEW FOLDER ZONING, ANNEXATION AND DEVELOPMENT OF LAND rated open space to city standards through a maintenance agreement. (3) Building envelopes are identified on the Cluster Development Plan; the minimum area of lot, minimum width of lot, minimum front yard, minimum rear yard and num- mum side yard, conform to the requirements established in the R-L Low Density Residen- tial District and the subdivision plat meets all the requirements of subdivision of land, § 29-621 at seq. (4) The layout of lots on the Cluster Develop- ment Plan are designed to conform to ter- rain and located so that grading and filling are kept to a minimum. Natural features such as drainage swales, rock outcroppings and slopes are retained. (5) Adequate utility services can be provided to the property. (6) The Cluster Development Plan is designed to minimize the aesthetic impact upon the view of the foothills as well as the view from the foothills. (7) The Cluster Development Plan takes into ac- count the unique micro -climate of the foothills so that building envelopes are se- lected and individual structures will be built for protection from high winds and to func- tion with maximum conservation of energy. (8) The Cluster Development Plan shows con- sideration for wildlife habitats by leaving open large single blocks of land. (9) The Cluster Development Plan addresses compatibility with existing and planned uses on adjacent public and private property. Buffering of incompatible uses will be re- quired through landscaping and/or site de- sign and public access through the Cluster Development Plan must be provided to pub- lic recreational areas. (10) If farm animals are intended to be allowed within the area, the Cluster Development Plan must indicate the portions of the area § 29-118 reserved for the keeping of farm animals and the mitigation efforts used to buffer these areas from surrounding uses. (Ord. No. 123, 1986, § 118-39(I), 10-7-86) Subdivision D. N-C-L Neighborhood Conservation Low Density District Sec.29-117. Purpose — The N-C-L Neighborhood Conservation Low Density District designation is to preserve the character of areas that have a predominance of developed single-family housing and have been given this designation in accordance with an adopted neighborhood plan. (Ord. No. 111, 1991, § 1, 10-1-91) Sec. 29-118. Uses permitted. The following uses are permitted in the N-C-L District: (1) Single-family dwellings. (2) Accessory buildings and uses. " (3) Essential public utility and public service in- stallations and facilities for the protection and welfare of the surrounding area, pro- vided that business offices and repair and storage facilities are not included. (4) The following uses are permitted in the N-C- L District, provided that the intended uses are shown on a site plan submitted to and approved by the Planning and Zoning Board: a. Group homes. b. Public and private schools for elemen- tary and high school education. C. Churches. d. Public and nonprofit quasi -public recre- ational uses as a principal use. (5) Any legally permissible use which existed on a parcel of property as of the effective date of the ordinance that placed such parcel of property into this zoning district, provided that such permitted use shall be limited to such parcel of property. Supp. No. 39 1995