HomeMy WebLinkAboutArticle 5 General Development and Site Design - 7/12/2024
ARTICLE 5
CITY O F F O RT CO LLINS – LAND U S E CO DE
and Site Design
ARTICLE 5
ARTICLE 5
TABLE OF CONTENTS
DIVISION 5.1 APPLICABILITY
5.1.1 Applicability
DIVISION 5.2 AFFORDABLE HOUSING
5.2.1 Affordable housing
DIVISION 5.3 RESIDENTIAL DEVELOPMENT
5.3.1 Residential developments
5.3.2 Multi-building and mix of housing
5.3.3 Neighborhood centers
5.3.4 Small neighborhood parks
5.3.5 Garage Design
5.3.6 Second kitchen
DIVISION 5.4 DEVELOPMENT INFRASTRUCTURE
5.4.1 Development infrastructure
5.4.2 Development improvements
5.4.3 Engineering design standards
5.4.4 Plat and development plan standards
5.4.5 Master Street Plan
5.4.6 Streets, Streetscapes, Alleys and Easements
5.4.7 Street pattern and connectivity standards
5.4.8 Emergency access
5.4.9 Bus stop design standards
5.4.10 Transportation level of service requirements
DIVISION 5.5 ENVIRONMENTAL REQUIREMENTS
5.5.1 Noise and vibration
5.5.2 Hazardous materials
5.5.3 Glare or heat
5.5.4 Solar access, orientation, and shading
5.5.5 Parks and trails
DIVISION 5.6 ENVIROMENTAL SITE SUITABILITY
5.6.1 Natural habitats and features
5.6.2 Air quality
5.6.3 Water quality
5.6.4 Water hazards
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5.6.5 Hazards
5.6.6 Health risks
5.6.7 Other jurisdiction Environmental compliance
DIVISION 5.7 COMPACT URBAN GROWTH STANDARDS
5.7.1 Compact Urban Growth
5.7.2 Contiguity
5.7.3 Adequate public facilities
5.7.4 Lots
DIVISION 5.8 HISTORIC
5.8.1 Historic, landmark preservation and cultural resources
DIVISION 5.9 BUILDING PLACEMENT AND SITE DESIGN
5.9.1 Access, circulation and parking
DIVISION 5.10 LANDSCAPING AND TREE PROTECTION
5.10.1 Landscaping and tree protection
5.10.2 Buffering Between Residential and Inudstrial Uses
5.10.3 Buffering Between Buildings with Occupiable Space and Oil and Gas
DIVISION 5.11 TRASH AND RECYCLING ENCLOSURES
5.11.1 Trash and recycling enclosures
DIVISION 5.12 EXTERIOR SITE LIGHTING
5.12.1 Exterior site lighting
DIVISION 5.13 YARDS AND SETBACKS
5.13.1 Yards
5.13.2 Setbacks
DIVISION 5.14 RESERVED
DIVISION 5.15 BUILDING STANDARDS
5.15.1 Building and project Compatibilty
5.15.2 Mixed-use, institutional and commercial buildings
5.15.3 Large Retail Establishments
5.15.4 Convenience Shopping center
DIVISION 5.16 SIGNS
5.16.1 Signs generally.
5.16.2 Permanent signs
5.16.3 Temporary signs
5.16.4 Nonconforming signs and administration
5.16.5 sign maintenance
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DIVISION 5.17 WATER ADEQUACY DETERMINATIONS
5.17.1 Purpose.
5.17.2 Applicability.
5.17.3 Application.
5.17.4 Procedures and Standards for Water Adequacy Determinations: Established Potable Water Supply
Entities
5.17.5 Procedures and Standards for Water Adequacy Determinations: Other Potable Water SUpply Entities.
5.17.6 Procedures and Standards for Water Adequacy Determinations: Non-Potable Water Supply Entities.
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ARTICLE 5
General Development and Site Design
DIVISION 5.1 APPLICABILITY
5.1.1 APPLICABILITY
Applicability. Article 5, general development and site design standards apply throughout the City and are not
unique to a specific zone district, unless excluded as stated in a specific standard such as Chapter 14 of the
Code of the City of Fort Collins regarding Landmarks.
DIVISION 5.2 AFFORDABLE HOUSING
5.2.1 AFFORDABLE HOUSING
(A) Purpose. To support the City’s adopted housing goals as outlined in the Housing Strategic Plan and to achieve
10% deed-restricted, affordable housing stock by 2040, this Division outlines applicability of affordable
housing incentives and requirements for compliance. This Division seeks to:
(1) Encourage the development of deed-restricted, affordable housing for low- and moderate-income
households.
(2) Provide options for use of affordable housing incentives in order to allow for increased flexibility for various
development types and contexts.
(B) Applicability. This Section shall apply to the following development projects:
(1) Projects that meet the definition of Affordable Housing Development as outlined in Article 7; and
(2) Projects that propose to use bonus option standards for maximum density, maximum height, and/or
minimum parking.
(3) Section 5.2 does not apply to dormitories, medical facilities, hotels, motels, shelters, tents, short-term
rentals or other structures designed or used primarily for temporary occupancy and/or group living.
(C) Affordability Standards. Rental and For-sale projects shall provide one of the following minimum unit options:
(1) Rental Units:
(a) 10% units at 60% AMI; or
(b) 20% units at 80% AMI
(2) For-Sale:
(a) 10% units at 80% AMI; or
(b) 20% units at 100% AMI
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– GENERAL DEVELOPMENT AND SITE DESIGN
(D) Compliance. To achieve compliance, all Affordable Housing built under the standards of this Code shall
provide the following:
(1) Certification Letter. The applicant shall submit a notarized affidavit to the Director that provides how the
development meets the affordability standards above and administrative requirements. Upon review and
acceptance of the affidavit in consultation with the Director of the Social Sustainability Department, the
Director will provide a letter certifying that the development meets the standards stated above and any
administrative requirements (Certification Letter). This letter is required to be submitted as part of the
building permit application before a building permit can be issued for the development but is not required
to as a part of a land use review.
(2) Qualified Preservation Partner (QPP). If applicable, the Certification Letter shall identify the Qualified
Preservation Partner.
(3) Covenant/Deed Restriction. The units will be required by binding legal instrument acceptable to the City,
providing rights of enforcement to the City, and duly recorded with the Larimer County Clerk and Recorder,
to be occupied by and affordable to low-income households for at least sixty (60) years. This covenant
shall be recorded prior to issuance of a building permit for the development. There will be language placed
in real estate sales documents, acceptable to the City, clearly noticing the deed restriction as part of the
sale, and containing a continued requirement of notice in all future sales.
(E) Timing of Development. The construction of the affordable dwelling units or spaces shall occur before the
construction of the market rate units, or at no case less than on a proportional basis, according to the same
ratio as the number of affordable units bears to the number of the market rate units.
(F) Annual Reporting. The applicant or Qualified Preservation Partner shall provide annual documentation to the
Director, who shall provide a copy to the Director of the Social Sustainability Department, relating to the
affordable dwelling units in the development. This documentation must commence no later than thirty (30)
days following issuance of a Certificate of Occupancy (CO) for the affordable dwelling units and will include, at
minimum, the following:
(1) Occupancy and demographic report;
(2) Rent report (annually at minimum and at any time the applicant/owner proposes to increase rents);
(3) Reporting required for compliance as part of a City funding award for affordable units shall satisfy the
requirements of this subsection; and
(4) Any further documentation/verification the City may deem necessary to verify the validity of the affordable
housing reporting, including, but not limited to, seeking direct verification from tenants/owners of
affordable units.
(G) Monitoring and Enforcement.
(1) Monitoring. The Director in consultation with the Director of Social Sustainability Department shall
periodically monitor and verify the commitments made by the applicant or Qualified Preservation
Partner in the Declaration of Covenants, Conditions and Restrictions. Upon reasonable notice to the
applicant or Qualified Preservation Partner, the applicant or Qualified Preservation Partner shall
provide information to the City sufficient to verify the following:
(a) Compliance with all Affordable Housing Requirements as set forth in this Division.
(b) The affordable dwelling units are occupied by households earning income as required in the
Declaration of Covenants, Conditions and Restrictions.
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(c) The eligibility of each prospective household is verified by the owner prior to occupancy of any
affordable unit and proof provided to the City upon request. Applicants or Qualified Preservation
Partners submit documentation for certification to the City for a determination of tenant eligibility,
prior to tenant occupancy. No affordable unit is rented, sold, or occupied by any person unless and
until the City determines that the prospective tenant or occupant satisfies the eligibility
requirements.
(2) Staff shall be entitled to arrange periodic site visits to ensure habitability of affordable units; owner will
secure authority to enter the unit and will cooperate with Staff.
(3) Monitoring required for compliance as part of a City funding award for affordable units shall satisfy the
requirements of this subsection (G).
(H) Enforcement. Upon a finding by the City that an Affordable Housing project built under the standards of
this Code does not comply with the requirements of Section 5.2, the City make take one or more
enforcement actions;
(1) imposition of penalties including those found in City Code Section 1-15 civil infractions and any additional
penalties as set forth in an agreement between the owner/developer and the City; or
(2) imposition of another appropriate action to enforce these requirements or accomplish their intended result.
DIVISION 5.3 RESIDENTIAL DEVELOPMEN T
5.3.1 RESIDENTIAL DEVELOPMENTS
(A) Purpose. To promote variety of architecture and housing choices that create cohesion within a
development project and relates to the surrounding context.
(B) Applicability. Division 5.3 applies to all residential development projects that approve one or more
buildings on one or more parcels unless otherwise excluded in a specific standard.
(A) Purpose. To promote:
• a variety of architecture;
• housing choices;
• cohesion within a development project;
• visual interest;
• relationship to the surrounding context, visual
interest; and
• pedestrian-oriented streets in residential
development.
(B) Applicability. Applies to all development projects with more than one building on one or more parcels unless
otherwise excluded in a specific standard
(C) Mix of Housing Types. A mix of permitted building types shall be included in any individual development plan
that includes residential uses, to the extent reasonably feasible, depending on the size of the parcel. To
promote such variety, the following minimum standards shall be met:
(1) A minimum number of building types is required on any project development plan as shown in the
following table:
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Minimum number of Building Types in a
development project
Acre Size Number of Building Types
15>20 2
20>30 3
30+ 4
(a) in the HC district only, if Detached House dwelling units are proposed, at least an equivalent
number of Row House, Duplex or Apartment Building dwelling units (or combination thereof) must
also be provided.
(2) Housing types, block dimensions, garage placement, lot sizes and lot dimensions shall be significantly
and substantially varied to avoid repetitive rows of housing and monotonous streetscapes. For example,
providing distinct single-unit detached dwellings or two-unit dwellings on larger lots and on corners and
providing small lot single-unit dwellings on smaller lots abutting common open spaces fronting on
streets are methods that accomplish this requirement.
(3) The following list of building types shall be used to satisfy the minimum number of building type
requirement, provided that no building type comprises less than 5% or more than 80% of development:
(a) Detached House with rear loaded garages.
(b) Detached House with front or side loaded garages.
(c) Small lot with Detached House (lots containing less than four thousand [4,000] square feet or with
lot frontages of forty [40] feet or less) if there is a difference of at least two thousand (2,000)
square feet between the average lot size for small lot single-unit and the average lot size for single-
unit detached dwellings with front or side loaded garages.
(d) Duplex.
(e) Rowhouse.
(f) Duplex, attached, the placement of which shall be limited to no more than two (2) dwellings per two
(2) consecutive individual lots.
(g) Mixed-Use building.
(h) Apartment Building containing up to four (4) units per building;
(i) Apartment Building containing at least five (5) up to seven (7) units per building.
(j) Apartment Building containing at least eight (8) up to twelve (12) units per building.
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(k) Apartment Building containing more than 12 units per building
(l) Manufactured Housing.
(4) For any development containing repeated building types (excluding clubhouses/leasing offices) there
shall be a minimum number of distinct designs as shown in the table below
Minimum number of distinct designs
for repeating Building Types in a
development project
Repeating
Building Types Distinct designs
5 to 7 2
8+ 3
(a) For all developments, there shall be no more than two (2) similar buildings placed next to each other
along a street or major walkway spine.
(b) Distinctly different building designs shall provide significant variation in:
Footprint size; or 30% difference in square footage from another building.
Shape
Square
Rectangle, 40ft difference from the longest side compared to the longest side of
another building.
Other Polygons, 40ft difference from the longest side compared to the longest side of
another building.
Exterior finish materials Brick, Wood, Stone, Metal, or Other Material
Size and/or Pattern
Entrance feature • Recessed or Covered • Portal Size •Location on building elevation • Lighting
Roof forms Flat, Pitch, or Overhang greater than 4ft
Upper story step-back
(above 2nd story) 10ft min. Step-Back on all Sides
Building Height 12ft min Difference in Height
Vertical building module 3 min.
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(5) For development that contains Detached House and Duplex building types found in Article 3, there shall
be model variety and variation among buildings as indicated in the following table:
Minimum number of Detached house and Duplex models
Number of dwelling units Distinct models
11 to 99 3
100+ 4
(a) The applicant shall include, in the application for approval of the project development plan,
documentation showing how the development will comply with the model variation.
(b) Each housing model shall have at least three (3) characteristics which clearly and obviously
distinguish it from the other housing models, which characteristics may include, without limitation,
differences in floor plans, exterior materials, roof lines, garage placement, placement of the footprint
on the lot and/or building face.
(c) An applicant for a Building Permit for these building types shall affirm and certify in the application
that the dwelling which is the subject of the Building Permit does not adjoin a lot with the same
housing model, if on the same block face.
(6) Development that contains Row House building type containing more than two (2) dwelling units shall
comply with the following requirements:
(a) For any development containing at least three (3) and not more than five (5) buildings (excluding
clubhouses/leasing offices), there shall be at least two (2) distinctly different building designs. For
any such development containing more than five (5) buildings (excluding clubhouses/leasing
offices), there shall be at least three (3) distinctly different building designs. For all developments,
there shall be no similar buildings placed next to each other along a street or street-like private drive.
Building designs shall be considered similar unless they vary significantly in footprint size and shape.
(b) Building designs shall be further distinguished by including unique architectural elevations and
unique entrance features, within a coordinated overall theme of roof forms, massing proportions and
other characteristics. Such variation among buildings shall not consist solely of different
combinations of the same building features.
(D) Relationship of Dwellings to Streets and Parking. Development projects containing residential buildings
shall place a high priority on building entryways and their relationship to the street. Pedestrian usability
shall be prioritized over vehicular usability. Buildings shall include human-scaled elements, architectural
articulation, and in projects containing more than one (1) building, design variation.
(1) Orientation to a Connecting Walkway. Every front facade with a primary entrance to a dwelling unit
shall face the adjacent street to the extent reasonably feasible. Every front facade with a primary
entrance to a dwelling unit shall face a connecting walkway with no primary entrance more than two
hundred (200) feet from a street sidewalk and the address shall be posted to be visible from the
intersection of the connecting walkway and public right of way. The following exceptions to this
standard are permitted:
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(a) Up to one (1) dwelling on an individual lot that has frontage on either a public or private street.
(b) A primary entrance may be up to three hundred fifty (350) feet from a street sidewalk if the primary
entrance faces and opens directly onto a connecting walkway that qualifies as a major walkway
spine.
(c) If an Apartment Building or Mixed-Use building has more than one (1) front facade, and if one (1) of
the front facades faces and opens directly onto a street sidewalk, the primary entrances located on
the other front facade(s) need not face a street sidewalk or connecting walkway.
• Street-Facing Facades. Every building containing four (4) or more dwelling units shall
have at least one (1) building entry or doorway facing all adjacent streets that are smaller
than a full arterial or has on-street parking.
• At least one (1) door providing direct access for emergency responders from the outside
into each individual Rowhouse Building must be located within one hundred fifty (150)
feet from the closest emergency access easement or designated fire lane as measured
along paved walkways. Neither an exterior nor an interior garage door shall satisfy this
requirement.
(E) Block Requirements. All development shall comply with the applicable standards set forth below, unless the
decision maker determines that compliance with a specific element of the standard is infeasible due to unusual
topographic features, existing development, safety factors or a natural area or feature:
(1) Block Structure. Each multi-unit project shall be developed as a series of complete blocks bounded by
streets (public or private). (See Block Examples at 5(a)-(f) below). Natural areas, irrigation ditches, high-
voltage power lines, operating railroad tracks and other similar substantial physical features may form up
to two (2) sides of a block.
(2) Block Size. All blocks shall be limited to a maximum size of seven (7) acres.
(3) Mid-block Pedestrian Connections. If any block face is over seven hundred (700) feet long, then walkways
connecting to other streets shall be provided at approximately mid-block or at intervals of at least every six
hundred fifty (650) feet, whichever is less.
(4) Minimum Building Frontage. Forty (40) percent of each block side or fifty (50) percent of the block faces of
the total block shall consist of either building frontage, plazas or other function open space.
(5) Block Examples.
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(a) Figure of Shopping Center on One Block
(b) Figure of Park/Civic Block
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(c) Figure of Garden Apartment Block
(d) Figure of Townhouses and Small Lot Houses
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(e) Figure of Bungalow Block
(f) Figure of Office Block
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(F) Residential Building Setbacks, Lot Width, and Size
(1) Setback from Arterial Streets. Except as provided in Articles 2 and 3, the minimum setback for
residential buildings and all incidental detached accessory buildings shall be thirty (30) feet from any
arterial street right-of-way.
(2) Setback from Nonarterial Streets. Except as provided in Articles 2 and 3, the minimum setback for
residential buildings and all incidental detached accessory buildings shall be fifteen (15) feet from any
public street right-of-way.
(3) Exceptions to the setback standards. Exceptions to Subsection (1) and (2) are permitted if one (1) of the
following is met:
(a) Each unit side that faces the street has a porch and/or balcony that has a minimum depth of six (6)
feet (as measured from the building facade to the far side posts, railings/spindles) and a minimum
length of eight (8) feet. If more than one (1) side of a unit faces the street, then only one (1) side is
required to comply.
(b) An outdoor space such as a plaza, courtyard, patio or garden is located between a building and the
sidewalk, provided that such space shall have landscaping, low walls, fencing or railings, a tree
canopy and/or other similar site improvements along the sidewalk designed for pedestrian interest,
comfort and visual continuity.
(c) All ground units that face a street are ADA compliant units that have street-facing porches that are
directly and individually accessed from the public sidewalk by a connecting walkway that is at least
six (6) feet in width.
(d) All ground units that face a street with a transit stop that fronts the building are affordable housing
units, each having a street-facing stoop that directly accesses the public sidewalk by a connecting
walkway.
(e) A project is within an area in the Downtown that is designated in the Downtown Plan as allowing
"main street storefront" buildings with zero or minimal setback.
(4) Side and Rear Yard Setbacks. Except as provided in Articles 2 and 3, the minimum side yard setback
for all residential buildings and for all detached accessory buildings that are incidental to the residential
building shall be five (5) feet from the property line, except for garages accessed from alleys or private
drives where the associated dwelling faces on-site walkways rather than street sidewalks for which the
minimum setback from an alley or private drive shall be eight (8) feet. If a zero-lot-line development
plan is proposed, a single six (6) foot minimum side yard is required. Rear yard setbacks in residential
areas shall be a minimum of eight (8) feet from the rear property line, except for garages and storage
sheds not exceeding eight (8) feet in height, where the minimum setback shall be zero (0) feet.
(5) Setback for Windmills. Windmills shall be set back from the property lines a minimum of one (1) foot for
every foot of height of the structure measured from the ground to the top of the highest blade of the
windmill; provided, however, that, if the applicant demonstrates with a certified analysis of a licensed
professional engineer that the structure will collapse rather than topple, then this requirement may be
waived by the Director. Shadow flicker shall not be allowed to cross any property line.
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5.3.3 NEIGHBORHOOD CENTERS
(A) Access to Neighborhood Centers. At least ninety (90) percent of the dwellings in all development projects
greater than forty (40) acres shall be located within three thousand nine hundred sixty (3,960) feet (three-
quarters [¾] mile) of either a neighborhood center contained within the project, or an existing neighborhood
center located in an adjacent development, or an existing or planned Neighborhood Commercial District
commercial project, which distance shall be measured along street frontage, and without crossing an arterial
street. Neighborhood centers shall meet the requirements contained in subparagraphs (B) through (E) below.
(B) Location. A neighborhood center shall be planned as an integral part of surrounding residential development
and located where the network of local streets provides direct access to the center. Neighborhood centers
that are located on arterial streets and that include retail uses or restaurants shall be spaced at least three
thousand nine hundred sixty (3,960) feet (three-quarters [¾] mile) apart.
(C) Use Requirements.
(1) A neighborhood center shall include two (2) or more of the following uses:
• mixed-use dwelling units;
• community facilities;
• neighborhood support/recreation facilities;
• schools;
• child care centers;
• places of worship or assembly;
• convenience retail stores;
• retail stores, offices;
• financial services and clinics with less than five thousand (5,000) square feet of building
footprint area;
• personal or business service shops;
• standard or fast food restaurants (without drive-in or drive-through facilities);
• small animal veterinary clinics;
• convenience retail stores with fuel sales that are at least three-quarters (¾) mile from any
other such use and from any gasoline station;
• artisan or photography studios or galleries;
• dog day cares;
• music studios;
• micro-breweries/distilleries/wineries; and
• grocery stores and health and membership clubs.
(2) No drive-in facilities shall be permitted.
(3) A neighborhood center shall not exceed five (5) acres in size, excluding such portion of the
neighborhood center which is composed of a school, park, place of worship or assembly and/or outdoor
space as defined in Subparagraph (E) of this Section.
(D) Design and Access. The design of neighborhood centers shall be integrated with surrounding residential areas
by matching the scale of nearby residential buildings; providing direct access from surrounding residential
areas; creating usable outdoor spaces; orienting building entrances to connecting walkways; and to the extent
reasonably feasible, maintaining/continuing the architectural themes or character of nearby neighborhoods.
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(E) Outdoor Spaces. A publicly accessible outdoor space such as a park, plaza, pavilion or courtyard shall be
included within or adjacent to every neighborhood center to provide a focal point for such activities as
outdoor gatherings, neighborhood events, picnicking, sitting and passive and active recreation.
5.3.4 SMALL NEIGHBORHOOD PARKS
At least ninety (90) percent of the dwellings in any development project of ten (10) acres or larger as measured
along the street frontage shall be located within a maximum of one-third (1/3) mile of either a neighborhood park or
a privately owned park, that is at least one (1) acre in size.
(A) Location. Such parks shall be highly visible, well-defined settings formed by the street layout and pattern
of lots and easily observed from streets. Rear facades and rear yards of dwellings shall not abut more than
two (2) sides or more than fifty (50) percent of the perimeter frontage of the park.
(B) Accessibility. All parts of such parks shall be safely and easily accessible by and open to the public.
(C) Facilities. Such parks shall consist of multiple-use turf areas, walking paths, plazas, pavilions, picnic tables,
benches or other features for various age groups to enjoy.
(D) Ownership and Maintenance. Such parks may, in the discretion of the City, be acquired by the City
(through dedication or purchase), or be privately owned and maintained by the developer or property
owners association.
(E) Storm Drainage. When integrating storm drainage and detention functions to satisfy this requirement, the
design of such facilities shall not result in slopes or gradients that conflict with other recreational and civic
purposes of the park.
(A) Garage Doors. To prevent residential streetscapes from being dominated by protruding garage doors,
and to allow the active, visually interesting features of the house to dominate the streetscape, the
following standards shall apply:
(1) Street-facing garage doors must be recessed behind either the front facade of the ground floor living
area portion of the dwelling or a covered porch (measuring at least six [6] feet by eight [8] feet) by at
least four (4) feet. Any street-facing garage doors complying with this standard shall not protrude
forward from the front facade of the living area portion of the dwelling by more than eight (8) feet.
(2) Garage doors may be located on another side of the dwelling ("side- or rear-loaded") provided that the
side of the garage facing the front street has windows or other architectural details that mimic the
features of the living portion of the dwelling.
(3) Garage doors shall not comprise more than fifty (50) percent of the ground floor street-facing front
linear building frontage. Alleys and side streets are exempt from this standard.
(4) Attached and multi-unit dwellings which also face a second street or a major walkway spine shall be
exempt from paragraphs (1) through (3) above. The façade oriented to the second street or walkway
spine shall include windows, doorways and a structured transition from public to private areas using
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built elements such as porch features, pediments, arbors, low walls, fences, trellis work and/or similar
elements integrated with plantings.
(5) Alternative garage door treatments shall be accepted by the Director if:
(a) the configuration of the lot or other existing physical condition of the lot makes the application of
these standards impractical; and
(b) the proposed design substantially meets the intent of this Code to line streets with active living
spaces, create pedestrian-oriented streetscapes and provide variety and visual interest in the exterior
design of residential buildings.
(B) Rear Walls of Multi-Unit Garages. To add visual interest and avoid the effect of a long blank wall with no
relation to human size, accessibility needs or internal divisions within the building, the following
standards for minimum wall articulation shall apply:
(1) Perimeter Garages.
(a) Length. Any garage located with its rear wall along the perimeter of a development and within sixty-
five (65) feet of a public right-of-way or the property line of the development site shall not exceed
sixty (60) feet in length. A minimum of seven (7) feet of landscaping must be provided between any
two (2) such perimeter garages.
(b) Articulation. No rear garage wall that faces a street or adjacent development shall exceed thirty (30)
feet in length without including at least one (1) of the following in at least two (2) locations:
(I) change in wall plane of at least six (6) inches;
(II) change in material or masonry pattern;
(III) change in roof plane;
(IV) windows;
(V) doorways;
(VI) false door or window openings defined by frames, sills and lintels; and/or
(VII) an equivalent vertical element that subdivides the wall into proportions related to
human scale and/or the internal divisions within the building. (See Figure 9A.)
(2) All Garages.
(a) Access Doors. Rear doorways shall be provided as determined by the decision maker to be
reasonably necessary to allow direct access to living units without requiring people to walk
around the garage to access their living units. (See Figure 9B.)
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(b) Articulation. At a minimum, a vertical trim detail that subdivides the overall siding pattern shall
be provided at intervals not to exceed two (2) internal parking stalls (approximately twenty [20]
to twenty-four [24] feet). In addition, the articulation described in paragraph (1)(b) above is
encouraged but shall not be required.
(I) Figure 9A – Garage Articulation.
(II) Figure 9B – Garage Door Direct Access
(A) Second Kitchen. A maximum of one additional kitchen may be established inside a dwelling unit without
creating an additional dwelling unit if approved through a minor amendment pursuant to Section 6.3.10
and the following standards are met:
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(1) That both kitchens are accessible to all occupants of the dwelling unit;
(2) That both kitchens have non-separated, continuous, and open access with no locked doors
separating the kitchens from the rest of the dwelling unit;
(3) That neither kitchen is located in an accessory building; and
(4) The property owner of a dwelling unit in which a second kitchen is approved by the Director shall,
prior to issuance of a building permit, sign and record with the Larimer County Clerk and Recorder a
notarized affidavit stating that the second kitchen will not be used for a second dwelling unit and the
property owner acknowledges and agrees that the dwelling shall only be used as a single-unit
dwelling.
DIVISION 5.4 DEVELOPMENT INFRASTRUCTUR E
5.4.1 DEVELOPMENT INFRASTRUCTURE
(A) Purpose. Implement the variety of place types identified in City Plan to create a cohesive network of
varying types of transportation routes, utility connections, housing variety, and recreational areas both City
owned and privately owned.
(B) Applicability. Applies to all development projects, unless otherwise excluded in a specific standard.
(A) Approval of City Engineer.
(1) Before the Director certifies the acceptance of any final plat, the Director must be notified by the City
Engineer that the required improvements have been designed according to the City's various design
criteria and construction standards.
(2) No improvements shall be made until all required plans, profiles and specifications, including reproducible
plans for the same, have been submitted to and approved by the City Engineer.
(3) As each portion of the improvements in a subdivision is completed, and after inspection and acceptance by
the City Engineer, the amount of guaranty covering that phase of the development shall be released
following the written request of the applicant to the Director.
(B) Development Agreement. At the time the plans, profiles and specifications required in this Division are
approved, the applicant shall enter into an agreement providing for the installation of all improvements in the
subdivision required by this Code. Such agreement shall establish and set forth the extent to which the City is
to participate in the cost of constructing any public improvements, including, without limitation, collector or
arterial streets. No final plan or plat or other site specific development plan shall be approved by the City or
recorded until such agreement has been fully executed. Such agreement shall further provide that the
applicant will fully account to the City for all costs incurred in the construction of any public improvement in
which the City is participating, and the books and records of the applicant relating to such public improvement
shall be open to the City at all reasonable times for the purpose of auditing or verifying such costs. Such
agreement (and any amendments thereto) shall be recorded by the City with the Larimer County Clerk and
Recorder with all recording costs to be paid to the City by the applicant.
(C) Development Guarantee and Maintenance and Repair Guarantees.
(1) Construction Security.
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(a) Prior to the issuance of a Development Construction Permit for a new development, the developer must
provide to the City a guarantee in the form of a development bond, performance bond, letter of credit,
cash, certificate of deposit or other City-approved means to guarantee the completion of all public
improvements to be constructed as shown on the approved plans for the development (hereafter
referred to as the "construction security").
(b) The amount of the construction security shall be equal to the total cost of the developer's portion of the
public improvements, as estimated by the developer and approved by the City Engineer.
(c) As progress is made on the construction of the new public infrastructure, the developer may request a
reduction in the amount of construction security in proportion to the actual completion percentage of
the installed infrastructure. However, draws upon such construction security shall not exceed the actual
cost of completing a deficient development project or making any necessary repairs. Upon receipt of
such a request, the City shall verify the completion percentage and permit the substitution of an
approved construction security instrument in an amount equal to the cost of the developer's portion of
the remaining public improvements.
(2) Maintenance/Repair Security.
(a) The plat shall contain a two (2) year maintenance guarantee and a five (5) year repair guarantee
covering all errors or omissions in the design and/or construction. Said guarantees shall run
concurrently and shall commence upon the date of completion of the public improvements and
acceptance by the City, as described in paragraph 6.3.3(C)(3) (Execution of Plats/Deeds; Signature
Requirements).
(b) If a plat is not required or if the plat does not include the entire area being developed, then said
maintenance and repair guarantees shall be established in a development agreement. Security for the
maintenance guarantee and the repair guarantee (hereinafter referred to as the "maintenance/repair
security") shall be in the form of a bond, letter of credit, cash, certificate of deposit, an extension of the
security as provided in paragraph (1) above or other City-approved means to secure said maintenance
and repair. The amount of the maintenance/repair security during the maintenance guarantee period
shall be based on a percentage of the cost of the public improvements. Said percentage shall be
determined by the City Engineer based on the potential costs of repairs within the development and
shall not exceed twenty-five (25) percent.
(c) At the conclusion of the two (2)year maintenance/repair period, representatives of the City and the
developer shall jointly conduct an inspection of the development for the purpose of identifying any
repairs or maintenance actions necessary before transfer of the maintenance responsibility from the
developer to the City. Upon satisfactory completion of said repairs or maintenance actions, the City will
assume the responsibility for maintaining the streets and other improvements which have been
dedicated to the City
(3) Maintenance/Repair Security Extension.
(a) Whether maintenance/repair security must be provided by the developer for the remaining three (3)
years of the repair guarantee period shall depend upon the condition of the streets and other public
infrastructure within the development.
(b) The developer shall not be required to provide such additional maintenance/repair security for streets
or infrastructure that, upon inspection by the City Engineer, are found not to exhibit any evidence of
deterioration or defect (including, without limitation, excessive cracking, settlements, deflections,
rutting, potholes or other similar defects), other than normal wear and tear. However, if evidence of
such deterioration or defect is exhibited, then the existing maintenance/repair security shall be required
to be renewed, or a new security shall be required for the final three (3) years of the repair guarantee
period.
(c) The amount of the maintenance/repair security during the repair guarantee period shall be based on a
percentage of the cost of the public improvements. Said percentage shall be determined by the City
Engineer based on the potential costs of repairs within the development, shall not exceed twenty-five
(25) percent, and may be adjusted if appropriate during the guarantee period.
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(4) Affordable Housing Security Exemption. Notwithstanding the security requirements contained in
subparagraphs (1), (2) and (3) above, applications for the construction of affordable housing projects shall
be totally or partially exempt from such security requirements according to the following criteria:
(a) The security authorized under this subsection (C) shall be entirely waived for development projects in
which one hundred (100) percent of the dwelling units qualify as affordable housing units for sale or for
rent.
(b) The security authorized under this subsection (C) shall be reduced in direct proportion to the
percentage of affordable housing units for sale or for rent that are provided in the development project
(within the authorized waiver range of ten [10] percent to one hundred [100] percent), in accordance
with the following formula:
• number of affordable housing units ÷ total number of housing units x total security required
= amount of security waived
(c) The security authorized under this subsection (C) shall not be reduced if less than ten (10) percent of
the dwelling units within the project qualify as affordable housing units for sale or for rent.
(d) In order to determine whether a development project is eligible for a waiver or reduction of fees under
this subparagraph (4), any applicant seeking such waiver or reduction must submit documentation
evidencing the eligibility of the development project to the City Engineer, who may, upon review of
such documentation, reduce the amount of said security in accordance with this subparagraph (4). Prior
to the issuance of any certificate of occupancy for the development project, a final determination shall
be made by the City Engineer as to whether the development project qualifies for a waiver or reduction
of the security. In the event that the City Engineer determines that the development project does not so
qualify, security shall be increased to the level required in the applicable subparagraph (1), (2) or (3)
above, and the security shall be deposited with the City prior to the issuance of the first certificate of
occupancy.
(D) Required Improvements Prior to Issuance of Building Permit. The following improvements shall be required
prior to the issuance of a Building Permit, unless otherwise specified in the development agreement:
(1) Survey Monuments. The applicant shall provide survey monuments as required by Articles 51 and 53, Title
38, C.R.S.
(2) Sanitary Sewers. The applicant shall provide adequate lines and stubs to each lot as required by the current
standards of the utility provider (if not the City) or current City design criteria and construction standards,
whichever is applicable.
(3) Water Mains. The applicant shall provide adequate mains and stubs to each lot as required by the current
standards of the utility provider (if not the City) or current City design criteria and construction standards,
whichever is applicable.
(4) Fire Hydrants. The applicant shall provide sufficient fire hydrants as required according to the Fire Code.
(5) Stormwater Drainage. The applicant shall provide stormwater facilities and appurtenances as required by
Section 26-544 of the City Code and, where applicable, such facilities shall conform to Section 10-37 of the
City Code.
(6) Streets, Alleys and Paths. The applicant shall provide street improvements necessary to serve the lot or lots
in accordance with Section 24-95 of the City Code.
(7) Utilities (including, without limitation, communications, electric power, gas, water, sewer).
(a) Except as hereafter provided, all new utility facilities on or adjoining the development shall be installed
underground and, if located in a street or alley, shall be installed, inspected and approved in accordance
with the permit required pursuant to Section 23-16 of the City Code, prior to the completion of street or
alley surfacing. To the extent feasible, the undergrounding of utilities shall be planned, coordinated and
installed in an orderly fashion from deepest to shallowest.
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(b) Aboveground facilities necessarily appurtenant to underground facilities shall be allowed, but shall be
located outside of the parkway area that is between the street and sidewalk where detached sidewalks
exist and, in all circumstances, shall be located at least two (2) feet behind the back of the sidewalk, or if
there is no sidewalk, behind the edge of the pavement.
(c) Roadway lighting fixtures with their poles and junction boxes, as well as traffic signals with their
controller cabinets, are exempt from this requirement.
(d) Any aboveground facilities shall be located so as to not cause a sight obstruction for vehicular,
pedestrian or bicycle traffic.
(e) In addition, all existing overhead utilities located on the development site, or adjoining the development
site in public rights-of-way or utility easements, whether they serve the development or not, shall be
relocated underground when such relocation is an incidental conversion associated with other public
improvements in conjunction with the development project.
:
(I) New or existing overhead utility facilities shall be allowed if they:
(i) are electric transmission lines above forty (40) kilovolts nominal; or
(ii) are temporary in nature for the purpose of servicing construction or lands not
developed to urban qualifications; or
(iii) are required to be installed on a temporary basis while an underground utility facility is
being repaired; or
(iv) are necessary to span natural barriers such as canyons, rivers or boulder fields where an
underground installation would be extremely impractical.
(II) Existing overhead utility facilities shall be allowed if they:
(I) are capable of serving only territories anticipated to be annexed to the City in the
future; or
(II) traverse the periphery of the development for a distance less than four hundred (400)
feet (and provided that the developer has installed conduit to accommodate future
undergrounding); or
(III) are distribution lines which will be removed upon future development, or
(IV) are electric distribution circuits of utilities that do not provide electric service to
persons within the City.
(E) Required Improvements Prior to Issuance of Certificate of Occupancy.
(1) The improvements in subparagraph (3) shall be required prior to the issuance of a certificate of occupancy.
(2) In cases where the strict interpretation of this provision would place undue hardship upon the person
requesting the certificate of occupancy, and the health, safety and welfare of the public would not be
placed at risk, he or she may be permitted to establish an escrow account in an amount acceptable to the
Director which will cover the costs of completion of the required improvements and the maintenance of
any incomplete street sections which might be involved.
(3) The amount so placed in escrow shall be available to ensure to the City that the subject improvements are
installed in the event that the person requesting the certificate of occupancy fails to install the same as
agreed:
(a) Sidewalks. All on-site sidewalks shall be installed as required by City specifications.
(b) Street signs. All street signs shall be installed as required by the Traffic Operations Engineer and shall
conform to the Manual of Uniform Traffic Control Devices.
(c) Streets, alleys and paths.
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(I) All streets shall be paved with curbs and gutters installed in accordance with the approved
utility plans.
(II) All alleys and paths required to be constructed by the City shall be paved. In cases where a
previously existing street which has not been brought up to City specifications is located
within a subdivision, such street shall be paved with curbs and gutters installed in order to
meet City specifications.
(III) All streets existing within ownership of the lands which make up any subdivision shall be
shown on the subdivision plat. If any subdivision is located adjacent to any existing street
right-of-way, the applicant shall improve local streets to the full width and collector and
arterial streets to one-half (½) width except as is otherwise provided herein below, with
pavement, curb, gutter, sidewalk and any other required street improvements as necessary
to bring such street up to City specifications.
(IV) Notwithstanding the foregoing, collector and arterial streets shall be constructed to such
specifications as shall be necessary in the judgment of the City Engineer based upon traffic
safety considerations, and taking into account the traffic impact of the development upon
such arterial or collector street.
(V) No such arterial street shall be constructed to a width of less than thirty-six (36) feet.
(d) Streetlights. All streetlights shall be installed as required according to City specifications.
(e) Drainage.
(I) The construction of stormwater drainage facilities required by the approved Development
Plan Documents must be consistent with the Stormwater Criteria Manual as it may be
modified from time to time.
(II) Such stormwater drainage facility must be verified by an authorized City inspector at the
appropriate phases of construction activities as specified in the Development Certification
Checklist issued by Water Utilities Engineering and available on the City of Fort Collins
website.
(III) In the event of non-compliance, the City shall have the option to withhold building permits
and/or certificates of occupancy or use any other legal remedy that may be provided in the
City Code, the Land Use Code and/or the Development Agreement, as determined
appropriate to ensure that the Developer properly installs all privately owned stormwater
improvements associated with the development as specified in the Development Plan
Documents.
(IV) In addition, a "Drainage Certification" prepared by a Professional Engineer licensed in the
State of Colorado must be provided. The "Certification" must confirm to the City that all
stormwater drainage facilities required to serve the property have been constructed in
conformance with the approved Development Plan Documents so as to protect
downstream property and the quality of Stormwater runoff from the property to comply
with the City's Municipal Separate Storm Sewer System permit. Such certification must be
in the form required by the City's Stormwater Criteria Manual and Construction Standards.
(f) Other. All other improvements required as a condition of approval of the plat shall be completed.
(g) Where applicable, the person requesting a certificate of occupancy shall be required to conform to the
provisions of Section 10-38 of the City Code by submitting a post-construction floodproofing elevation
certificate to the Utilities Executive Director for the City's permanent records.
(F) Off-Site Public Access Improvements.
(1) Path Improvements.
(a) All developments must have adequate access to the City's Improved Arterial Street Network, as
described below, or to a street that connects to the Improved Arterial Street Network. Exceptions to the
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foregoing requirements may be granted for streets which have adequate funds appropriated by the City
for improvement to current standards.
(b) The developer of any property which does not have such adequate access to an Improved Arterial
Street or which does not have such adequate access to streets which connect to the Improved Arterial
Street Network, along the primary access routes for the development, shall be required to improve the
impacted intervening streets as follows:
(I) For arterial and collector streets, such improvements shall consist, at a minimum, of
constructing a thirty six (36) foot wide paved street cross section on a base that is
adequate to accommodate the ultimate design of the street either (1) as designated on the
Master Street Plan, or (2) in accordance with the City design criteria for streets, whichever
is applicable.
(II) For all other street classifications, the off-site improvements shall be designed and
constructed to City standards including, without limitation, curb, gutter, sidewalk and
pavement.
(III) All streets that connect to the Improved Arterial Street Network shall include the width and
improvements necessary to maintain a level of service as defined by Part II of the City of
Fort Collins Multi-modal Transportation Level of Service Manual for the length required to
connect to the Improved Arterial Street Network.
(IV) Off-site public access improvements shall be required for all primary access routes that will,
in the judgment of the Traffic Engineer, carry the most trips (per travel mode) generated by
the development as defined by the Transportation Impact Study required by Section 5.4.10.
(c) To identify the improvements to be made as a condition of approval of the development, the City
Engineer shall utilize a map entitled the "Improved Arterial Street Network" depicting, as nearly as
practicable, (1) all existing arterial and collector streets in the City; and (2) the current structural
condition of the same.
(d) A waiver to these requirements may be granted by the City Engineer for primary access routes which, in
the judgment of the City Engineer, are in substantial compliance with the City standards applicable for
such routes and are designed and constructed to adequately accommodate the traffic impacts of the
development.
(4) Costs and Reimbursements.
(a) Off-site streets, street intersections, sidewalks, alleys, paths or other related improvements to serve the
development site or such improvements along the perimeter of the development site shall be funded by
the developer unless otherwise agreed by the City Manager, in his or her discretion. The developer (and
others providing funding, including but not limited to the City) may be entitled to request
reimbursement under paragraph (b).
(b) The entire cost of such construction (including right-of-way acquisition) shall be the responsibility of
such developer.
(c) If, within twelve (12) months of the completion and acceptance by the City of such improvements, the
developer installing such improvements (the "Funding Developer") has entered into a reimbursement
agreement with the City in the manner prescribed by this Section, then, at the time that other property
adjacent to the improvements (the "Adjacent Property") is developed or redeveloped and access to
such improvements is accomplished or other benefit from such improvements is conferred, the City may
collect from the developer of the Adjacent Property a proportionate charge, based upon the cost
incurred by the Funding Developer, plus an inflation factor, and based upon the benefit conferred upon
the Adjacent Property.
(d) For the purpose of this Section, benefit to the Adjacent Property may include, among other things, the
construction of improvements that will allow the Adjacent Property to be developed in accordance with
the requirements of Section 5.4.10, where, in the absence of the improvements, such development
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would not be allowed to proceed. Said charge, if imposed by the City, shall be paid prior to the issuance
of any building permits for the Adjacent Property; provided, however, that the City shall not attempt to
make such collection unless the reimbursement agreement has been timely and properly prepared,
executed and delivered to the City.
(I) If such charge is collected, the City shall reimburse the Funding Developer to the extent of
such collection after deducting a service charge of three (3) percent to cover administrative
costs.
(e) All costs for the construction (including right-of-way acquisition) of such improvements must be fully
paid by the Funding Developer before such person shall be entitled to reimbursement under any
agreement established hereunder. The amount of the reimbursement assessed by the City for each
Adjacent Property as it develops shall be based on:
(I) The fair market value (as determined by the City) of any right-of-way acquired by the
Funding Developer that was needed for, and is directly attributable to, the improvements;
and
(II) The original cost of design and construction of the improvements plus an adjustment for
inflation based on the construction cost index for Denver, Colorado, as published monthly
by "Engineering News Record." (If said index shows deflation, the adjustment shall be made
accordingly, but not below the original cost as submitted by the Funding Developer and
approved by the City Engineer.)
(i) The original cost of the right-of-way and design and construction shall mean the cost of
right-of-way acquisition, financing, engineering, construction and any other costs
actually incurred which are directly attributable to the improvements, including any
costs incurred for the formation or administration of a special improvement district.
(f) The City's obligation to reimburse the Funding Developer shall be contingent upon the City's actual
collection of the charge from the developer of the Adjacent Property. In order to obtain approval of a
reimbursement agreement from the City, the Funding Developer shall provide the City Engineer with
copies of the following, after acceptance of the improvements:
(I) real estate closing documents and/or appraisals or other documents showing to the
satisfaction of the City the fair market value of the right-of-way for the improvements;
(II) an invoice from the Funding Developer's engineer for any fee assessed on the project;
(III) the contractor's application for final payment approved by the Funding Developer's
engineer;
(IV) a letter from the Funding Developer and/or contractor certifying that final payment has
been received by the contractor;
(V) a letter from the Funding Developer and/or engineer certifying that final payment of
engineering fees has been made;
(VI) a letter from the Funding Developer certifying the portion of the cost which has been
funded by such developer and also any portions funded by others, and naming such
proportionate contributors, if any;
(VII) a map prepared by a licensed engineer or surveyor which shows:
(i) the location of the improvements constructed;
(ii) the name of the owner of each Adjacent Property which is benefited by the
improvements;
(iii) the proportionate benefit conferred upon each Adjacent Property, together with the
assessment due based on the original costs;
(iv) the acreage and parcel number of each Adjacent Property;
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(v) a reference to the book, page and reception number from the records of the county
Clerk and Recorder where the information for each property was obtained; and
(vi) any other information deemed necessary by the City Engineer.
Any right to reimbursement pursuant to this provision shall not exceed a period of ten (10) years from
the acceptance by the City of the street improvements. The City Council may approve extensions of the
reimbursement agreement for additional ten (10) year periods. No such reimbursement shall be made
unless the person entitled to reimbursement has fully satisfied his or her obligations under any other
reimbursement agreements with the City.
(G) City Participation in Certain Street Improvements.
(1) If a street within or adjacent to the development is improved as an arterial or collector street rather than as
a local street, the developer making such improvements shall be reimbursed in accordance with the
provisions of Section 24-112 of the Code of the City of Fort Collins.
(2) If an off-site street is improved to a width in excess of thirty six (36) feet, and provided that such excess
width is not required because of the traffic impacts of the development, the City Engineer shall compute
the extra expense caused by such street being improved to such excess width. Such extra expense shall be
paid by the City out of the Transportation Improvements Fund established in Section 8-87. The City's
obligations to participate in such costs shall be limited to those funds budgeted and appropriated for the
payment requested. The participation of the City shall be limited to the costs of design, construction and
right-of-way acquisition as limited pursuant to Section 24-112 of the City Code and costs of curbs, gutters
or sidewalks exceeding local standards.
(3) If the right to develop has lapsed or been abandoned pursuant to Sections 6.3.10 and 6.3.11 and no
extension has been granted, any right to City participation, pursuant to this Section and Chapter 24 of the
City Code, shall be limited to those improvements substantially completed and accepted by the City
Engineer at the time of the termination.
5.4.3 ENGINEERING DESIGN STANDARDS
Development Projects must comply with all design standards, requirements and specifications for the following
services as certified by the appropriate agency or variances must be granted by such agency:
• water supply
• sanitary sewer
• mass transit
• fire protection
• flood hazard areas
• telephone
• walks/bikeways
• irrigation companies
• electricity
• natural gas
• storm drainage
• cable television
• streets/pedestrians
• broadband/fiber optic
(A) General Provisions.
(1) Applicability. No (1) final plat of a subdivision or (2) development plan, shall be approved and accepted by
the City unless it conforms to the provisions of this Code.
(2) Jurisdiction. This Division shall be applicable to all lands located within the City.
(3) Plat. General Requirements.
(a) All plats of a subdivision of land within the City shall be filed and recorded only after having been
approved by the appropriate decision maker, with such approval evidenced in writing on the plat
and signed by the City Clerk.
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(b) Except with respect to property which is platted as an official subdivision (or part thereof) approved
in accordance with the provisions of this Code (or prior law, if applicable), no Building Permit or
certificate of occupancy shall be issued for any of the following and no person shall perform any of
the following:
(I) construction of any new principal building;
(II) enlargement of any principal building used for nonresidential purposes by more than
twenty-five (25) percent of the existing floor area of such building; and/or
(III) an act which changes the use of any building.
(B)
(1) No lot in a subdivision shall have less area than required under the applicable zoning requirements of
the City. Each lot must have vehicular access to a public street. Lots with both front and rear frontage
on a street shall not be permitted except where necessary to provide separation from arterial streets or
from incompatible land uses, or to take access from an alley.
(2) The general layout of lots, roads, driveways, utilities, drainage facilities and other services within the
proposed development shall be designed in a way that enhances an interconnected street system within
and between neighborhoods, preserves natural areas and features, and otherwise accomplishes the
purposes and intent of this Code. Applicants shall refer to the development standards set forth in
Articles 2 through 5 of this Code and shall apply them in the layout of the development in order to avoid
creating lots or patterns of lots that will make compliance with such development standards difficult or
infeasible.
(C)
(1) An applicant shall be required to dedicate rights-of-way for public streets, drainage easements and utility
easements as needed to serve the area being developed and/or platted. In cases where any part of an
existing road is abutting or within the tract being developed and/or subdivided, the applicant shall
dedicate such additional rights-of-way as may be necessary to increase such roadway to the minimum
width required under this Code for such street.
(2) Reservation of sites for flood control, open space and other municipal uses shall be made in accordance
with the requirements of this Code, and, generally, the City Code.
(A) Purpose. This Section is intended to ensure that the transportation network of streets, alleys, roadways and
trails is in conformance with adopted transportation plans and policies established by the City.
(B) General Standard. The transportation network of any proposed development shall be in conformance with the
City of Fort Collins Master Street Plan, as well as City adopted access control plans and the Larimer County
Urban Area Street Standards.
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(C) Establishment of Master Street Plan. In order to accomplish the purposes of this Code, the location and
ultimate functional classification of necessary arterial and collector streets and other transportation facilities
have been established on a map entitled "City of Fort Collins Master Street Plan," dated February 15, 2011, as
amended, which map is incorporated herein by reference. The Master Street Plan is on file with the City Clerk
and the City Engineer.
(D) Compliance With Master Street Plan. All development plans shall provide for or accommodate the streets
and transportation facilities identified on the Master Street Plan that are associated with the development
plan.
(E) Compliance with Access Control Plans. The State Highway Access Control Code and/or any specific access
control plan shall determine the location of all intersections (whether of public streets or private drives or
other access ways) with state highways or City streets, as applicable. All development plans that are adjacent
to a state or federal highway shall provide the access design facilities, including supporting circulation
facilities, identified within any applicable adopted access control plans, when such facilities are needed
because of the development plan. All development plans shall be in compliance with applicable State
regulations including, but not limited to, CDOT regulations. In addition, all development plans that are adjacent
to any street for which an access control plan has been adopted by the City shall provide the access design
facilities, including supporting circulation facilities, identified within such access control plan, when such
facilities are needed because of the development plan.
(A) Purpose. This Section is intended to ensure that the various components of the transportation network are
designed and implemented in a manner that promotes the health, safety and welfare of the City.
(B) General Standard. Public streets, public alleys and private alleys, private streets, street-like private drives and
private drives shall be designed and implemented in a manner that establishes a transportation network that
protects the public health, safety and welfare. Rights-of-way and/or easements for the transportation system
shall be sufficient to support the infrastructure being proposed. The transportation network shall clearly
identify construction and maintenance responsibilities for the proposed infrastructure. All responsibilities and
costs for the operation, maintenance and reconstruction of private streets and medians, street-like private
drives and private drives shall be borne by the property owners. The City shall have no obligation to operate,
maintain or reconstruct such private streets, street-like private drives and private drives nor shall the City have
any obligation to accept such private streets, street-like private drives and private drives.
(C) Streets on a project development plan or subdivision plat shall conform to the Master Street Plan where
applicable. All streets shall be aligned to join with planned or existing streets. All streets shall be designed to
bear a logical relationship to the topography of the land. Intersections of streets shall be at right angles unless
otherwise approved by the City Engineer.
(D) Cul-de-sacs shall be permitted only if they are not more than six hundred sixty (660) feet in length and have a
turnaround at the end with a diameter of at least one hundred (100) feet. Surface drainage on a cul-de-sac
shall be toward the intersecting street, if possible, and if not possible a drainage easement shall be provided
from the cul-de-sac. If fire sprinkler systems or other fire prevention devices are to be installed within a
residential subdivision, these requirements may be modified by the City Engineer according to established
administrative guidelines and upon the recommendation of the Poudre Fire Authority.
(E) Except as provided in subsection (D) above for cul-de-sacs, no dead-end streets shall be permitted except in
cases where such streets are designed to connect with future streets on abutting land, in which case a
temporary turnaround easement at the end of the street with a diameter of at least one hundred (100) feet
must be dedicated and constructed. Such turnaround easement shall not be required if no lots in the
subdivision are dependent upon such street for access.
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(F) If residential lots in a subdivision abut an arterial street, no access to individual lots from such arterial street
shall be permitted.
(G) Reverse curves on arterial streets shall be joined by a tangent at least two hundred (200) feet in length.
(H) The applicant shall not be permitted to reserve a strip of land between a dedicated street and adjacent
property for the purpose of controlling access to such street from such property unless such reservation is
approved by the City Engineer and the control of such strip is given to the City.
(I) Street right-of-way widths shall conform to the Larimer County Urban Area Street Standards as approved and
amended by the City Council from time to time by ordinance or resolution.
(J) Streetscape design and construction, including medians and parkways, shall conform to the Larimer County
Urban Area Street Standards as approved and amended by the City Council from time to time by ordinance or
resolution. Any permits that are required pursuant to the Larimer County Urban Area Street Standards shall be
obtained by the applicant before the construction of the street, streetscape, sidewalk, alley or other public
way (as applicable) is commenced.
(K) Public alleys shall be controlled by the following requirements:
(1) When Allowed. Public alleys in residential subdivisions shall be permitted only when: (a) they are
necessary and desirable to continue an existing pattern or to establish a pattern of alleys that will extend
over a larger development area, and (b) they are needed to allow access to residential properties having
garages or other parking areas situated behind the principal structure and the principal structure is on a
residential local street. Public alleys shall also be provided in commercial and industrial areas unless other
provisions are made and approved for service access.
(2) Design Construction Requirements. All public alleys shall be constructed in conformance with the Larimer
County Urban Area Street Standards as adopted by the City Council by ordinance or resolution, except
those public alleys within the OT zone district that do not abut commercially zoned properties and that
provide access only for Accessory Dwelling Units (ADUs) and habitable accessory buildings as such terms
are described in Article 4. Dead-end alleys shall not be allowed.
(L) Private Streets. Private streets shall be controlled by the following requirements:
(1) When Allowed. Private streets shall be allowed in a development, provided that their function will be
primarily to provide access to property within the development. Private streets shall not be permitted if (by
plan or circumstance) such streets would, in the judgment of the City Engineer, attract "through traffic" in
such volumes as to render public streets necessary as connections between developments, neighborhoods
or other origins and destinations outside of the development plan.
(2) Design Requirements. As with public streets, the design of private streets must be completed by or under
the charge of a professional engineer licensed by the State of Colorado. The design for all private streets
shall be included in the utility plans for the development. Designs for public streets shall be permitted if
either:
(a) The designs meet all standards for public streets in accordance with the Larimer County Urban Area
Street Standards, as adopted by the City Council by ordinance or resolution; or
(b) The designs have customized treatments and features including travel lanes; parallel or diagonal street
parking; tree-lined sidewalks with the sidewalks either detached or attached with trees in cutouts; and
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crosswalks. Other features such as bikeways, landscaped medians, corner plazas, custom lighting, bike
racks, and identity signs may be provided to afford an appropriate alternative to a standard City street
in the context of the development plan. Head-in parking may only be used in isolated parking situations
where the effect on the character of the street is negligible. Customized treatments and features will not
be approved unless the City determines that such treatments and features present no safety risk to the
public and that the City's utilities will not incur maintenance or replacement costs for their utilities above
normal costs associated with the City's standard design.
(3) Construction Requirements. The construction of all private streets shall be under the direct supervision of
a professional engineer licensed by the State of Colorado, who must certify that all improvements for
private streets have been completed in accordance with the plans approved by the City. In addition, the
construction of private streets shall be subject to inspection by the City Engineer for compliance with City
standards established in the Larimer County Urban Area Street Standards, as adopted by the City Council
by ordinance or resolution, and in accordance with the approved plans for the development. All private
streets shall be subject to the same bonding and warranty requirements as are established for public
streets.
(4) Traffic Control. All traffic control devices for the private street system, such as signs, signals, striping,
speed control devices (traffic calming) and speed limits, must meet City standards. All plans for traffic
control, including any proposed revisions, must be reviewed and approved by the Traffic Engineer prior to
installation thereof.
(5) Operation, Maintenance and Reconstruction.
(a) The developer of a private street system must submit to the City that portion of the covenants,
declarations and/or bylaws of the appropriate property owners association which defines the
responsibilities for the operation, maintenance and reconstruction of the private street system, the costs
of which must be borne by the property owners and not the City.
(b) The documents must provide for maintenance, reconstruction, drainage, lighting, landscaping, traffic
control devices and any other special conditions. This information must also be shown on the plat and
site plan for the development with the added statement that the City has no obligation to perform or
pay for repair and maintenance or any obligation to accept the streets as public streets.
(c) At the time of recording of the plat, the developer shall also record a notice in the Larimer County,
Colorado records showing the location of such street and identifying the property or properties which
are burdened with the obligation of operation, maintenance and reconstruction of such street, and
affirming that the City has no such obligation, or any obligation to accept such street as a public street.
(6) Naming and Addressing. Private streets shall be named and addressed in the same manner as public
streets, in accordance with the laws and standards of the City.
(7) Gated Developments. Gated street entryways into residential developments are prohibited in accordance
with Subsection 5.4.7(G). Gated entryways for private streets are also prohibited.
(M) Private Drives.
(1) When Allowed.
(a) Internal access or additional cross-access. Private drives shall be allowed in a development, provided
that their function will only be to provide access to property within the development or additional cross-
access between developments that are also connected by a street(s). Private drives shall not be
permitted if (by plan or circumstance) such drives would, in the judgment of the City Engineer, attract
"through traffic" in such volumes as to render such drives necessary as connections between
developments, neighborhoods or other origins and destinations outside of the development plan.
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(b) Primary access. A private drive shall be allowed to provide primary access to a development, provided
that the drive is in compliance with Subparagraph (a) above.
(c) A private drive shall not be permitted if it prevents or diminishes compliance with any other
provisions of this Code.
(2) Design Requirements. Private drives shall be designed to meet the following criteria:
(a) If any property served by the private drive cannot receive fire emergency service from a public street,
then all emergency access design requirements shall apply to the private drive in accordance with
Section 5.4.8. An "emergency access easement" must be dedicated to the City for private drives that
provide emergency access.
(b) Private drives which must comply with Section 5.4.8 for emergency access shall be limited to an overall
length of six hundred sixty (660) feet from a single point of access (measured as the fire hose would
lay).
(c) Private drives which must comply with Section 5.4.8 for emergency access shall be limited to an overall
length of six hundred and sixty (660) feet from a single point of access (measure as the fire hose lay).
(d) The design of private drives shall comply with all the standards for Emergency Access as contained in
Section 5.4.8.
(e) Access locations on public or private streets shall be placed in accordance with City standards.
(f) The connection of a private drive with a public street shall be made in accordance with City street
standards.
(g) If drainage from a private drive is channeled or directed to a public street, such drainage shall be in
accordance with City street standards.
(3) Construction Requirements. The construction of all private drives shall be under the direct supervision of a
professional engineer licensed by the State of Colorado, who must certify that all improvements for private
drives have been completed in accordance with the plans approved by the City. In addition, the
construction of private drives that will serve emergency access purposes shall be inspected by the City
Engineer for compliance with City standards and the approved plans in the same manner as is required by
the City for public streets.
(4) Operation, Maintenance and Reconstruction.
(a) The developer of a private drive must submit to the City that portion of the covenants, declarations
and/or by-laws of the appropriate property owners association which defines the responsibilities for the
operation, maintenance and reconstruction of the private drive, the costs of which must be borne by the
property owners and not the City.
(b) The documents must provide for maintenance, reconstruction, drainage, policing and any other special
conditions. This information must also be shown on the plat and site plan for the development with the
added statement that the City has no obligation to perform or pay for repair and maintenance or any
obligation to accept the private drives as public streets.
(c) At the time of recording of the plat, the developer shall also record a notice in the Larimer County,
Colorado records showing the location of such drive and identifying the property or properties which
are burdened with the obligation of operation, maintenance and reconstruction of such drive, and
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affirming that the City has no such obligation, nor any obligation to accept such drive as a public street
or drive.
(5) Naming and Addressing. Private drives shall be named, if necessary, to comply with the standards for
Emergency Access as contained in Section 5.4.8. Addressing of the property shall be assigned by the City in
conformance with the Larimer County Urban Area Street Standards.
(6) Gated Developments. Gated street entryways into residential developments are prohibited in accordance
with subsection 5.4.7(G). Gated entryways for private drives are also prohibited.
(N) Easements. Easements shall be controlled by the following requirements:
(1) Public and private easements shall be provided on lots for utilities, public access, stormwater drainage or
other public purposes as required and approved by the City Engineer.
(2) Pedestrian and bicycle paths shall be provided to accommodate safe and convenient pedestrian and
bicycle movement throughout the subdivision and to and from existing and future adjacent neighborhoods
and other development; all such pedestrian and bicycle paths shall be constructed in conformity with the
Larimer County Urban Area Street Standards as adopted by the City Council by ordinance or resolution.
(3) Development plans shall incorporate and continue any public access easements so as to connect them to
any such easements that exist on abutting properties.
(4) The subdivider shall be responsible for adequate provisions to eliminate or control flood hazards associated
with the subdivision in accordance with Chapter 10 of the City Code. Agreements concerning stormwater
drainage between private parties shall be subject to City review and approval.
Purpose. This Section is intended to ensure that local street system is well designed with regard to safety,
efficiency and convenience for automobile, bicycle, pedestrian, mobility devices, and transit modes of travel.
For the purposes of this Division, “local street system” shall mean the interconnected system of collector and
local streets providing access to development from an arterial street.
General Standard. The local street system of any proposed development shall be designed to be safe,
efficient, convenient and attractive, considering use by all modes of transportation that will use the system,
(including, without limitation, cars, trucks, buses, bicycles, pedestrians, mobility devices and emergency
vehicles). The local street system shall provide multiple direct connections to and between local destinations
such as parks, schools and shopping. Local streets must provide for both intra- and inter-neighborhood
connections to knit developments together, rather than forming barriers between them. The street
configuration within each parcel must contribute to the street system of the neighborhood.
Spacing of Full Movement Collector and Local Street Intersections With Arterial Streets. Potentially
signalized, full-movement intersections of collector or local streets with arterial streets shall be provided at
least every one thousand three hundred twenty (1,320) feet or one-quarter (¼) mile along arterial streets,
unless rendered infeasible due to unusual topographic features, existing development or a natural area or
feature.
Spacing of Limited Movement Collector or Local Street Intersections With Arterial Streets. Additional non-
signalized, potentially limited movement, collector or local street intersections with arterial streets shall be
spaced at intervals not to exceed six hundred sixty (660) feet between full movement collector or local street
intersections, unless rendered infeasible due to unusual topographic features, existing development or a
natural area or feature.
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The City Engineer may require any limited movement collector or local street intersections to include an
access control median or other acceptable access control device. The City Engineer may also allow limited
movement intersection to be initially constructed to allow full movement access.
Distribution of Local Traffic to Multiple Arterial Streets. All development plans shall contribute to
developing a local street system that will allow access to and from the proposed development, as well as
access to all existing and future development within the same section mile as the proposed development,
from at least three (3) arterial streets upon development of remaining parcels within the section mile, unless
rendered infeasible by unusual topographic features, existing development or a natural area or feature.
The local street system shall allow multi-modal access and multiple routes from each development to existing
or planned neighborhood centers, parks and schools, without requiring the use of arterial streets, unless
rendered infeasible by unusual topographic features, existing development or a natural area or feature.
Utilization and Provision of Sub-Arterial Street Connections to and From Adjacent Developments and
Developable Parcels. All development plans shall incorporate and continue all sub-arterial streets stubbed to
the boundary of the development plan by previously approved development plans or existing development.
All development plans shall provide for future public street connections to adjacent developable parcels by
providing a local street connection spaced at intervals not to exceed six hundred sixty (660) feet along each
development plan boundary that abuts potentially developable or re-developable land.
Gated Developments. Gated street entryways into residential developments shall be prohibited.
Alternative Compliance. Upon request by an applicant, the decision maker may approve an alternative
development plan that may be substituted in whole or in part for a plan meeting the standards of this Section.
(1) Procedure. Alternative compliance development plans shall be prepared and submitted in accordance with
submittal requirements for plans as set forth in this Section. The plan and design shall clearly identify and
discuss the alternatives proposed and the ways in which the plan will better accomplish the purpose of this
Section than would a plan which complies with the standards of this Section.
(2) Review Criteria. To approve an alternative plan, the decision maker must find that the proposed alternative
plan accomplishes the purposes of this Division equally well or better than would a plan and design which
complies with the standards of this Division, and that any reduction in access and circulation for vehicles
maintains facilities for bicycle, pedestrian, mobility devices and transit.
In reviewing the proposed alternative plan, the decision maker shall take into account whether the alternative
design minimizes the impacts on natural areas and features, fosters nonvehicular access, provides for distribution
of the development's traffic without exceeding level of service standards, enhances neighborhood continuity and
connectivity and provides direct, sub-arterial street access to any parks, schools, neighborhood centers,
commercial uses, employment uses and Neighborhood Commercial Districts within or adjacent to the
development from existing or future adjacent development within the same section mile.
(A) Purpose. This Section is intended to ensure that emergency vehicles can gain access to, and maneuver
within, the project so that emergency personnel can provide fire protection and emergency services
without delays.
(B) General Standard. All developments shall provide adequate access for emergency vehicles and for those
persons rendering fire protection and emergency services by complying with Article 9, Fire Department
Access and Water Supply, of the Uniform Fire Code as adopted and amended pursuant to Chapter 9 of the
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City Code. All emergency access ways, easements, rights-of-way or other rights required to be granted
pursuant to the Uniform Fire Code must include not only access rights for fire protection purposes, but also
for all other emergency services.
(A) Purpose. The purpose of this Section is to ensure that new development adequately accommodates
existing and planned transit service by integrating facilities designed and located appropriately for transit
into the development plan.
(B) General Standard. All development located on an existing or planned transit route shall install or construct
a transit stop and other associated facilities on an easement or right-of-way dedicated to the City as
prescribed by the City of Fort Collins Bus Stop Design Standards and Guidelines in effect at the time of
installation, unless the Director determines that adequate transit facilities consistent with the Bus Stop
Design Standards already exist to serve the needs of the development. All development located on existing
transit routes will accommodate the transit facilities by providing the same at the time of construction. All
development located on planned routes will accommodate said facilities by including the same in the
development plan and escrowing funds to enable the City or its agents to construct the transit facilities at
the time transit service is provided to the development. All facilities installed or constructed shall, upon
acceptance by the City, become the property of the City and shall be maintained by the City or its agent.
(C) Location of Existing and Planned Transit Routes. For the purposes of application of this standard, the
location of existing transit routes shall be defined by the Transfort Route Map in effect at the time the
application is approved. The location of planned transit routes shall be defined according to the Transfort
Strategic Operating Plan, as amended.
(A) Purpose. In order to ensure that the transportation needs of a proposed development can be safely
accommodated by the existing transportation system, or that appropriate mitigation of impacts will be
provided by the development, the project shall demonstrate that all adopted level of service (LOS)
standards will be achieved for all modes of transportation as set forth in this Section.
(B) General Standard. All development plans shall adequately provide vehicular, pedestrian, mobility devices,
and bicycle facilities necessary to maintain the adopted transportation level of service standards. The
vehicular level of service standards are those contained in Table 4-2 of the Larimer County Urban Area
Street Standards (LCUASS). The bicycle and pedestrian level of service standards are those contained in
Part II of the City of Fort Collins Multi-modal Transportation Level of Service Manual. Mitigation measures
for levels of service that do not meet the standards are provided in Section 4.6 of LCUASS. No Transit level
of service standards will be applied for the purposes of this Section. Notwithstanding the foregoing,
adopted level of service standards need not be achieved where the necessary improvements to achieve
such standards are not reasonably related and proportional to the impacts of the development. In such
cases, the Director may require improvements or a portion thereof that are reasonably related and
proportional to the impacts of the development, or the requirement may be varied or waived pursuant to
LCUASS Section 4.6.
(C) Transportation Impact Study, Nominal Impact. In order to identify those facilities that are necessary in
order to comply with these standards, development plans may be required to include the submittal of a
Transportation Impact Study, to be approved by the Traffic Engineer, consistent with the Transportation
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Impact Study guidelines as established in LCUASS Chapter 4. Should a Transportation Impact Study not be
required pursuant to LCUASSS Chapter 4, a proposed development shall be deemed to have a nominal
impact and shall not be subject to the transportation level of service requirements described in this
Section.
DIVISION 5.5 ENVIRONMENTAL REQUIREMENTS
5.5.1 NOISE AND VIBRATION
General Standard. Proposed land uses and activities shall be conducted so that any noise generated on the property
will not violate the noise regulations contained in the City's Noise Control Ordinance (Chapter 20, Article II of the
City Code), and so that any vibration caused by using the property will be imperceptible without instruments at any
point along the property line.
(A) Purpose. The purpose of this Section is to protect the community and neighborhood from potential harm
caused directly or indirectly by hazardous materials. The proper location, construction and processing of
hazardous materials facilities are important to controlling community risk. If the type and magnitude of
hazardous materials emergencies can be predicted, the potential impact on adjacent land uses, emergency
providers and the environment can be minimized.
(B) General Standard. If any use on the development site may entail the use or storage of hazardous materials
(including hazardous wastes) on-site, the project shall be designed to comply with all safety, fire and
building codes for the use and storage of the hazardous materials involved. Adequate precautions shall be
taken to protect against negative off-site impacts of a hazardous materials release, using the best available
technology.
(C) Hazardous Materials Impact Analysis. To evaluate the impact of hazardous materials risk, all development
proposals that have the potential to cause off-site impacts during the release of a hazardous material shall
include a Hazardous Materials Impact Analysis (HMIA). These include land uses such as gas stations,
manufacturing facilities and similar establishments that require the use or storage of flammable or toxic
substances.
• This analysis shall provide basic information on the project (including site layout and proposed
hazardous materials use), describe likely incident scenarios, describe mitigation actions designed
to limit the potential for off-site impacts on adjacent land uses or environment and describe
emergency response measures in the event of a spill. Based on the information provided in the
impact analysis, recommendations will be made by the Poudre Fire Authority to the relevant
decision maker to protect against off-site impacts. If a HMIA is required for a development
proposal, a statement indicating that such a study has been required will be included in all required
written notices to property owners as defined by Section 6.3.6 of this Code, to the extent
reasonably feasible.
(A) Purpose. This Section is intended to protect the community and neighborhood from glare, defined as a
harsh, uncomfortably bright light. Glare can inhibit good visibility, cause visual discomfort and create safety
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problems. This Section is also intended to protect the neighborhood from the adverse effects of reflected
heat that could be caused by a proposed land use.
(B) General Standard. If the proposed activity produces intense glare or heat, whether direct or reflected, that
is perceptible from any point along the site's property lines, the operation shall be conducted within an
enclosed building or with other effective screening sufficient to make such glare or heat imperceptible at
the property line.
(C) Glare From Manufacturing Sources. Manufacturing processes that create glare, such as welding, shall be
conducted within an enclosed building or be effectively screened from public view. If the source of the
glare is proposed to be screened with plant material, then the applicant must show that the screening will
be effective year-round.
(A) Purpose. It is the City's intent to encourage the use of both active and passive solar energy systems for
heating air and water in homes and businesses, as long as natural topography, soil or other subsurface
conditions or other natural conditions peculiar to the site are preserved. While the use of solar energy
systems is optional, the right to solar access is protected. Solar collectors require access to available
sunshine during the entire year, including between the hours of 9:00 am and 3:00 pm, MST, on December
21, when the longest shadows occur. Additionally, a goal of this Section is to ensure that site plan elements
do not excessively shade adjacent properties, creating a significant adverse impact upon adjacent property
owners. Thus, standards are set forth to evaluate the potential impact of shade caused by buildings,
structures and trees.
(B) General Standard. All development shall be designed throughout to accommodate active and/or passive
solar installations to the extent reasonably feasible.
(C) Solar-Oriented Residential Lots. At least sixty-five (65) percent of the lots less than fifteen thousand
(15,000) square feet in area in single- and two-unit residential developments must conform to the
definition of a "solar-oriented lot" in order to preserve the potential for solar energy usage.
(D) Access to Sunshine. The elements of the development plan (e.g., buildings, circulation, open space and
landscaping) shall be located and designed, to the maximum extent feasible, to protect access to sunshine
for planned solar energy systems or for solar-oriented rooftop surfaces that can support a solar collector or
collectors capable of providing for the anticipated hot water needs of the buildings in the project between
the hours of 9:00 a.m. and 3:00 p.m. MST, on December 21.
(E) Shading.
(1) The physical elements of the development plan shall be, to the maximum extent feasible, located and
designed so as not to cast a shadow onto structures on adjacent property greater than the shadow
which would be cast by a twenty –five (25) foot hypothetical wall located along the property lines of the
project between the hours of 9:00 am and 3:00 pm, MST, on December 21. This provision shall not apply
to structures within the following high-density zone districts: Downtown, Community Commercial, and
Transit-Oriented Overlay District.
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(2) The impact of trees shall be evaluated on an individual basis considering the potential impacts of the
shading and the potential adverse impacts that the shading could create for the adjacent properties in
terms of blocking sunlight in indoor living areas, outdoor activity areas, gardens and similar spaces
benefiting from access to sunlight. Shading caused by deciduous trees can be beneficial and is not
prohibited.
(F) Alternative Compliance. Upon request by an applicant, the decision maker may approve an alternative site
layout that may be substituted in whole or in part for a plan meeting the standards of this Section.
(1) Procedure. Alternative compliance plans shall be prepared and submitted in accordance with submittal
requirements for plans as set forth in this Section. The plan shall clearly identify and discuss the
modifications and alternatives proposed and the ways in which the plan will better accomplish the
purpose of this Section than a plan which complies with the standards of this Section.
(2) Review Criteria. In approving an alternative plan, the decision maker shall find that the proposed
alternative plan accomplishes the purposes of this Section equally or better than a plan which complies
with the standards of this Section.
(3) In reviewing the proposed alternative plan, the decision maker shall take into account whether the
alternative design enhances neighborhood continuity and connectivity, fosters nonvehicular access, and
preserves existing natural or topographic conditions on the site.
(A) Establishment of Parks and Recreation Policy Plan Master Plan. In order to accomplish the purposes of
this Code, the location, size and characteristics of parks and trails have been established on a plan entitled
"ReCreate: Parks & Recreation Master Plan" dated January 19, 2021, as amended, which plan is hereby made
a part of this Code by reference. The Parks and Recreation Policy Plan Master Plan is on file with the City
Clerk.
(B) Purpose. The compliance of development plans with the Parks and Recreation Policy Plan ensures that the
community will have a fair and equitable system of parks, trail and recreation facilities as the community
grows. Establishment of the facilities in the Parks and Recreation Policy Plan shall generally provide the
same level of service to new portions of the community as the existing community enjoys.
(C) General Standard. All development plans shall provide for, accommodate or otherwise connect to, either
on-site or off-site, the parks and trails identified in the Parks and Recreation Policy Plan Master Plan that
are associated with the development plan.
DIVISION 5.6 ENVIROMENTAL SITE SUITABILITY
5.6.1 NATURAL HABITATS AND FEATURES
(A) Applicability. This Section applies if any portion of the development site is within five hundred (500) feet
of an area or feature identified as a natural habitat or feature on the City's Natural Habitats and Features
Inventory Map, or if any portion of the development site contains natural habitats or features that have
significant ecological value, and such natural habitats or features are discovered during site evaluation
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and/or reconnaissance associated with the development review process. Natural habitats and features
considered to have significant ecological value are as follows:
Natural Communities or Habitats:
(a) aquatic (e.g., rivers, streams, lakes, pond);
(b) wetland and wet meadow;
(c) native grassland;
(d) riparian forest;
(e) urban plains forest;
(f) riparian shrubland;
(g) foothills shrubland; and
(h) foothills forest.
(2) Special Features:
(a) Significant remnants of native plant communities;
(b) Potential habitats and known locations of rare, threatened or endangered species of plants;
(c) Potential habitats and know locations of rare, threatened or endangered species of wildlife;
(d) Raptor habitat features, including nest sites, communal roost sites and key concertation areas;
(e) Concertation areas for nesting and migratory shorebirds and waterfowl;
(f) Migratory songbird concertation areas;
(g) Key nesting areas for grassland birds;
(h) Fox and coyote dens;
(i) Mule deer winter concertation areas;
(j) Prairie dog colonies one (1) acre or greater in size;
(k) Concentration areas for rate, migrant or resident butterflies;
(l) Areas of high terrestrial or aquatic insect diversity;
(m) Areas of significant geological or paleontological interest; and
(n) Irrigating ditches that serve as wildlife corridors.
(B) Purpose. The purpose of this Section is to ensure that when property is developed consistent with its
zoning designation, the way in which the proposed physical elements of the development plan are
designed and arranged on the site will protect the natural habitats and features both on the site and in the
vicinity of the site.
(C) General Standard. The development plan shall be designed and arranged to be compatible with and to
protect natural habitats and features and the plants and animals that inhabit them and integrate them
within the developed landscape of the community by: (1) directing development away from sensitive
resources, (2) minimizing impacts and disturbance through the use of buffer zones, (3) enhancing existing
conditions, or (4) restoring or replacing the resource value lost to the community (either on-site or off-site)
when a development proposal will result in the disturbance of natural habitats or features.
(D) Ecological Characterization and Natural Habitat or Feature Boundary Definition. The boundary of any
natural habitat or feature shown on the Natural Habitats and Features Inventory Map is approximate. The
actual boundary of any area to be shown on a project development shall be proposed by the applicant and
established by the Director through site evaluations and reconnaissance and shall be based on the
ecological characterization of the natural habitat or feature in conjunction with the map.
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(1) Ecological Characterization Study.
(a) If the development site contains, or is within five hundred (500) feet of, a natural habitat or feature,
or if it is determined by the Director, upon information or from inspection, that the site likely includes
areas with wildlife, plant life and/or other natural characteristics in need of protection, then the
developer shall provide to the City an ecological characterization report prepared by a City approved
professional qualified in the areas of ecology, wildlife biology or other relevant discipline.
(b) At least ten (10) working days prior to the submittal of a project development plan application for all
or any portion of a property, a comprehensive ecological characterization study of the entire
property must be prepared by a qualified consultant and submitted to the City for review.
(c) The Director may waive any or all of the following elements of this requirement if the City already
possesses adequate information required by this subsection to establish the buffer zone(s), as set
forth in subsection (E) below, and the limits of development ("LOD"), as set forth in subsection (N)
below. The ecological characterization study shall describe, without limitation, the following:
(I) the wildlife use of the area showing the species of wildlife using the area, the times or
seasons that the area is used by those species and the "value" (meaning feeding,
watering, cover, nesting, roosting, perching) that the area provides for such wildlife
species;
(II) the boundary of wetlands in the area and a description of the ecological functions and
characteristics provided by those wetlands;
(III) any prominent views from or across the site;
(IV) the pattern, species and location of any significant native trees and other native site
vegetation;
(V) the pattern, species and location of all non-native trees and vegetation that contribute
to the site's ecological, shade, canopy, aesthetic and cooling value;
(VI) the top of bank, shoreline and high water mark of any perennial stream or body of water
on the site;
(VII) areas inhabited by or frequently utilized by Sensitive and Specially Valued Species;
(VIII) special habitat features;
(IX) wildlife movement corridors;
(X) the general ecological functions provided by the site and its features;
(XI) any issues regarding the timing of development-related activities stemming from the
ecological character of the area; and
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(XII) any measures needed to mitigate the projected adverse impacts of the development
project on natural habitats and features.
(2) Wetland Boundary Delineation.
(a) Wetland boundary delineations of both a non-jurisdictional wetland and "jurisdictional wetland" shall
be established in accordance with the U.S. Army Corps of Engineers 1987 Westland Delineation
Manual and the appropriate Regional Supplement, and classified according to the U.S. Fish and
Wildlife Service wetland classification system. In establishing the boundaries of a wetland, the
applicant and the Director shall use soil samples, vegetation analysis and hydrological evidence.
(b) If at least one of the required criteria for wetland delineation, hydric soil, hydrophytic vegetation, or
hydrology, is present on the development site, the applicant shall communicate the criterion or
criteria to the Director for consideration.
(c) The Director may also utilize the standards and guidelines and/or the professional recommendations
of the U.S. Army Corps of Engineers or other organization, individual, or governmental entity in
reviewing such boundaries. These shall be identified in the submittal documents for the review of the
project development plan (if applicable, or if not applicable, the most similar development review)
and prior to commencement of any construction activities.
(E) Establishment of Buffer Zones. Buffer zones surrounding natural habitats and features shall be shown on
the project development plan for any development that is subject to this Division. The purpose of the
buffer zones is to protect the ecological character of natural habitats and features from the impacts of the
ongoing activity associated with the development.
(1) Buffer Zone Performance Standards. The decision maker shall determine the buffer zones for each
natural habitat or feature contained in the project site. The buffer zones may be multiple and
noncontiguous. The general buffer zone distance is established according to the buffer zone table
below, but the decision maker may reduce any portion of the general buffer zone distance so long as
the reduced buffer complies with the performance standards set forth below. To mitigate a reduced
portion of the buffer area, the decision maker may also enlarge any portion of the general buffer zone
distance if necessary to ensure that the buffer complies with the performance standards set forth below.
The buffer zone performance standards are as follows:
(a) The project shall be designed to preserve or enhance the ecological character or function and wildlife
use of the natural habitat or feature and to minimize or adequately mitigate the foreseeable impacts
of development.
(b) The project, including, by way of example and not by way of limitation, its fencing,
pedestrian/bicycle paths and roadways, shall be designed to preserve or enhance the existence of
wildlife movement corridors between natural habitats and features, both within and adjacent to the
site.
(c) The project shall be designed to preserve existing trees and vegetation that contribute to the site's
ecological, shade, canopy, aesthetic, habitat and cooling value. Notwithstanding the requirements of
Section 5.10.1(F), trees and vegetation within the Limits of Development must be preserved or, if
necessary, mitigated based on the values established by the Ecological Characterization Study or the
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City Environmental Planner. Such mitigation, if necessary, shall include trees, shrubs, grasses, or any
combination thereof, and must be planted within the buffer zone.
(d) The project shall be designed to protect from adverse impact species utilizing special habitat
features such as key raptor habitat features, including nest sites, night roosts and key feeding areas
as identified by the Colorado Parks and Wildlife Division ("CPW") or the Fort Collins Natural Areas
Department ("NAD"):
(I) key production areas;
(II) wintering areas and migratory feeding areas for waterfowl;
(III) heron rookeries;
(IV) key use areas for wading birds and shorebirds;
(V) key use areas for migrant songbirds;
(VI) key nesting areas for grassland birds;
(VII) fox and coyote dens;
(VIII) mule deer winter concentration areas as identified by the CPW or NAD;
(IX) prairie dog colonies one (1) acre or greater in size;
(X) key areas for rare, migrant or resident butterflies as identified by the NAD;
(XI) areas of high terrestrial or aquatic insect diversity as identified by the NAD;
(XII) remnant native prairie habitat;
(XIII) mixed foothill shrubland;
(XIV) foothill ponderosa pine forest;
(XV) plains cottonwood riparian woodlands; and
(XVI) wetlands of any size.
(e) The project shall be designed so that the character of the proposed development in terms of use,
density, traffic generation, quality of runoff water, noise, lighting and similar potential development
impacts shall minimize the degradation of the ecological character or wildlife use of the affected
natural habitats or features.
(f) The project shall be designed to integrate with and otherwise preserve existing site topography,
including, but not limited to, such characteristics as steepness of slopes, existing drainage features,
rock outcroppings, river and stream terraces, valley walls, ridgelines and scenic topographic
features.
(g) The project shall be designed to enhance the natural ecological characteristics of the site. If existing
landscaping within the buffer zone is determined by the decision maker to be incompatible with the
purposes of the buffer zone, then the applicant shall undertake restoration and mitigation measures
such as regrading and/or the replanting of native vegetation.
(h) The project may be designed to provide appropriate human access to natural habitats and features
and their associated buffer zones in order to serve recreation purposes, provided that such access is
compatible with the ecological character or wildlife use of the natural habitat or feature.
(i) Fencing associated with the project shall be designed to be compatible with the ecological character
and wildlife use of the natural habitat or feature.
(2) Development Activities Within the Buffer Zone.
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(a) No disturbance shall occur within any buffer zone and no person shall engage in any activity that will
disturb, remove, fill, dredge, clear, destroy or alter any area, including vegetation within natural
habitats or features including without limitation lakes, ponds, stream corridors and wetlands, except
as provided in subsection (c) below.
(b) If the development causes any disturbance within the buffer zone, whether by approval of the
decision maker or otherwise, the applicant shall undertake restoration and mitigation measures
within the buffer zone such as regrading and/or the replanting of native vegetation. The applicant
shall undertake mitigation measures to restore any damaged or lost natural resource either on-site or
off-site at the discretion of the decision maker. Any such mitigation or restoration shall be at least
equal in ecological value to the loss suffered by the community because of the disturbance, and shall
be based on such mitigation and restoration plans and reports as have been requested, reviewed and
approved by the decision maker. Unless otherwise authorized by the decision maker, if existing
vegetation (whether native or non-native) is destroyed or disturbed, such vegetation shall be
replaced with native vegetation and landscaping.
(c) The decision maker may allow disturbance or construction activity within the buffer zone for the
following limited purposes:
(I) mitigation of development activities;
(II) restoration of previously disturbed or degraded areas or planned enhancement projects
to benefit the natural area or feature;
(III) emergency public safety activities;
(IV) utility installations when such activities and installations cannot reasonably be located
outside the buffer zone or other nearby areas of development;
(V) construction of a trail or pedestrian walkway that will provide public access for
educational or recreational purposes provided that the trail or walkway is compatible
with the ecological character or wildlife use of the natural habitat or feature; and
(VI) construction or installation of recreation features or public park elements, provided that
such features or elements are compatible with the ecological character or wildlife use of
the natural habitat or feature.
Buffer Zone Table for Fort Collins Natural Habitats and Features.
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Lakes or reservoirs 100 feet
Wetlands < ⅓ acre in size 50 feet
Wetlands > ⅓ acre in size, without significant use by waterfowl
and/or shorebirds
100 feet
Wetlands > ⅓ acre in size, with significant use by waterfowl
and/or shorebirds
300 feet
Stream Corridors
Boxelder Creek 100 feet
Cache la Poudre River (west UGA boundary to College Avenue) 300 feet
Cache la Poudre River in downtown (College to Lincoln Avenue)2 200 feet
Cache la Poudre River (Lincoln Avenue to east UGA boundary) 300 feet
Cooper Slough 300 feet
Dry Creek 100 feet
Fossil Creek and Tributaries 100 feet
Spring Creek 100 feet
Special Habitat Features/Resources of Special Concern
Bald eagle communal feeding sites 660 feet
Bald eagle communal roost sites 1,320 feet
Bald eagle nest sites 2,640 feet
Winter raptor concentration areas 300 feet
Great blue heron colonial nest sites 825 feet
Migratory waterfowl concentration areas 300 feet
Nesting waterfowl concentration areas 300 feet
Migratory shorebird concentration areas 300 feet
Nesting shorebird concentration areas 300 feet
Migratory songbird concentration areas 300 feet
Locations of Preble's meadow jumping mouse 300 feet
Locations of fox, coyote and badger dens 50 feet
Locations of rare butterfly species site analysis
Locations of rare, threatened or endangered plant species site analysis
Locations of geological or paleontological sites of special interest site analysis
Prairie dog colonies site analysis
(I) Note that these buffer zone standards do not apply in areas zoned RDR - River
Downtown Redevelopment. Alternative standards are included in the description of this
zone district.
(II) Table distances may be modified as described in Section 5.6.1(E)(1) above to meet
performance standards.
(III) Buffer zone table distances shall be measured in a straight line without regard to
topography. Measurements will be made from the outer edge of the natural habitat or
feature to the boundary of the lot, tract or parcel of land that defines and describes the
development and:
(i) Isolated area buffer zones such as woodlots, farm windbreaks and forests will be
measured from the outer edge of the drip line toward the boundary of such lot, tract
or parcel of land;
(ii) Wetlands, grasslands and shrubland buffer zones will be measured from the outside
edge of the habitat toward the boundary of such lot, tract or parcel of land;
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(iii) Stream corridors, lakes, reservoirs and irrigation ditches buffer zones will be
measured from the top of bank toward the boundary of such lot, tract or parcel of
land;
(iv) Special habitat features/resources of special concern will be measured as a radius
starting from the outer edge of the habitat toward the boundary of such lot, tract or
parcel of land; and
(v) Locations of geological or paleontological sites of special interest will be measured
from the outer edge of the feature toward the boundary of such lot, tract or parcel
of land.
(F) Protection of Wildlife Habitat and Ecological Character.
(1) Rare, Threatened or Endangered Species. If the ecological characterization report required pursuant to
Subsection (D)(1) above shows the existence in a natural habitat or feature of a rare, threatened or
endangered species of plant or wildlife, then the development plan shall include provisions to ensure
that any habitat contained in any such natural habitat or feature or in the adjacent buffer zone which is
of importance to the use or survival of any such species shall not be disturbed or diminished and, to the
maximum extent feasible, such habitat shall be enhanced. (NOTE: Some studies, e.g., rare plant surveys,
are time-limited and can only be performed during certain seasons.)
(2) Sensitive or Specially Valued Species. If the ecological characterization report required pursuant to
subsection (D)(1) above shows the existence in a natural habitat or feature of a plant or wildlife species
identified by the City as a sensitive or specially valued species, excluding threatened or endangered
species, then the development plan shall include provisions to protect, enhance, or mitigate impacts to
any such natural habitat or feature or in the adjacent buffer zone which is of importance to the use or
survival of any such species to the extent reasonably feasible.
(3) Connections. If the development site contains existing natural habitats or features that connect to other
off-site natural habitats or features, to the maximum extent feasible the development plan shall
preserve such natural connections. If natural habitats or features lie adjacent to (meaning in the region
immediately round about) the development site, but such natural habitats or features are not presently
connected across the development site, then the development plan shall, to the extent reasonably
feasible, provide such connection. Such connections shall be designed and constructed to allow for the
continuance of existing wildlife movement between natural habitats or features and to enhance the
opportunity for the establishment of new connections between areas for the movement of wildlife.
(4) Wildlife Conflicts. If wildlife that may create conflicts for the future occupants of the development
(including, but not limited to, prairie dogs, beaver, deer and rattlesnakes) are known to exist in areas
adjacent to or on the development site, then the development plan must, to the extent reasonably
feasible, include provisions such as barriers, protection mechanisms for landscaping and other site
features to minimize conflicts that might otherwise exist between such wildlife and the developed
portion of the site.
(G) Lakes/Riparian Area Protection
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(1) Lakes, Reservoirs and Ponds. If the development site contains a lake, reservoir or pond, the
development plan shall include such enhancements and restoration as are necessary to provide
reasonable wildlife habitat and improve aesthetic quality in areas of shoreline transition and areas
subject to wave erosion. The development plan shall also include a design that requires uniform and
ecologically and aesthetically compatible treatment among the lots or tracts surrounding a lake,
reservoir or pond with regard to the establishment of erosion control protection and shoreline
landscaping on or adjacent to such lots or tracts. Water bodies and features such as irrigation ponds,
reflecting pools and lagoons constructed as new landscaping features of a development project shall be
exempt from the standards contained in this subparagraph.
(2) Streambank Stabilization. When the Stormwater Master Plans and the Storm Drainage Design Criteria
and Construction Standards of the City require streambank stabilization, native vegetation shall be
utilized for such purpose, and engineered stabilization techniques such as exposed rip rap shall be
avoided, to the maximum extent feasible. The use of native vegetation shall be the principal means of
streambank stabilization, and the use of rip-rap for streambank stabilization shall be restricted to
locations where the use of vegetation techniques is not reasonably feasible.
(H) Ridgeline Protection.
(1) Ridgeline Setback. So that structures blend more naturally into the landscape rather than being a
prominent focal point, no development shall intrude into any ridgeline protection area identified and
designated by the Director during the development review process in conjunction with the
establishment of the LOD and the buffer zone. For the purposes of this subsection, a designated
ridgeline protection area shall include the crest of any hill or slope so designated, plus the land located
within one hundred (100) horizontal feet (plan view) on either side of the crest of the hill or slope.
(2) Building Height and Profile. Multilevel buildings shall follow the general slope of the site in order to
keep the building height and profile in scale with surrounding natural features.
(I) Design and Aesthetics.
(1) Project design. Projects in the vicinity of large natural habitats and/or natural habitat corridors,
including, but not limited to, the Poudre River Corridor and the Spring Creek Corridor, shall be designed
to complement the visual context of the natural habitat. Techniques such as architectural design, site
design, the use of native landscaping and choice of colors and building materials shall be utilized in such
manner that scenic views across or through the site are protected, and manmade facilities are screened
from off-site observers and blend with the natural visual character of the area. These requirements shall
apply to all elements of a project, including any aboveground utility installations.
(2) Visual Character of Natural Features. Projects shall be designed to minimize the degradation of the
visual character of affected natural features within the site and to minimize the obstruction of scenic
views to and from the natural features within the site.
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(J) Stormwater Drainage/Erosion Control. All stormwater drainage and erosion control plans shall meet the
standards adopted by the City Stormwater Utility for design and construction and shall, to the maximum
extent feasible, utilize nonstructural control techniques, including but not limited to:
(1) limitation of land disturbance and grading;
(2) maintenance of vegetated buffers and natural vegetation;
(3) minimization of impervious surfaces;
(4) use of terraces, contoured landscapes, runoff spreaders, grass or rock-lined waterways;
(5) use of infiltration devices; and
(6) use of recharge basins, seepage pits, dry wells, seepage beds or ditches, porous pavement or sub-drain
systems
(K) Water Rights. To the extent that a development plan proposes the creation of water features such as lakes,
ponds, streams or wetlands, the plan must include clear and convincing evidence that such water features
will be supplied with sufficient water whether by natural means or by the provision of sufficient
appropriative water rights. No development plan shall be approved which would have the effect of injuring
or diminishing any legally established water supply for any natural area.
(L) Compatibility with Public Natural Areas or Conserved Land. If the project contains or abuts a publicly
owned natural area or conserved land, the development plan shall be designed so that it will be compatible
with the management of such natural area or conserved land. In order to achieve this, the development
plan shall include measures such as barriers or landscaping measures to minimize wildlife conflicts,
setbacks or open space tracts to provide a transition between the development and the publicly owned
natural area or conserved land, and educational signage or printed information regarding the natural
values, management needs and potential conflicts associated with living in close proximity to such natural
area or conserved land.
(M) Access to Public Natural Areas or Conserved Land. In the event that the development plan contains or
abuts a publicly owned natural area or conserved land, the development plan shall include such easements
and rights-of-way as are necessary to allow reasonable access for the public to such natural area or
conserved land, unless such access is deemed by the decision maker to be unnecessary and undesirable for
the proper public utilization of such natural area or conserved land. Any such access requirement or
dedication shall be credited (based upon a fair market value analysis) against any such natural area or
conserved land dedication or fee-in-lieu thereof required by the City. If the development site contains any
privately owned natural area or open lands, any access provided to such area or open lands, whether for
private or public use, if determined to be appropriate, shall be designed and managed in such manner as to
minimize the disturbance of existing wildlife using such area.
(N) Standards for Protection During Construction. For every development subject to this Division, the
applicant shall propose, and the Director shall establish, measures to be implemented during the actual
construction phase of the project to ensure protection of natural habitats and features and their associated
buffer zones, as follows:
(1) Limits of Development. The applicant shall propose, and the Director shall establish on the project
development plan, a "limits of development" ("LOD") line(s) to establish the boundary of the project
outside of which no land disturbance activities will occur during the construction of the project. The
purpose of the LOD lines shall be to protect natural habitats and features and their associated buffer
zones from inadvertent damage during site construction activities. The location of the LOD shall be
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designed to preserve significant ecological characteristics of the affected natural habitat or feature that
could not reasonably be restored if disturbed by construction activities associated with the project. The
LOD shall also be designed to accommodate the practical needs of approved construction activity in
terms of ingress and egress to the developed project and necessary staging and operational areas.
(2) Designation. LODs, as approved by the Director, shall be shown on the final plan for development. LODs
shall be designated in the field prior to commencement of excavation, grading or construction with
fencing or other methods approved by the Director.
(3) Barrier Fencing. Construction barrier fencing shall be provided at the limits of development during
construction. For the protection of natural habitats and features, including but not limited to trees and
clumps of trees to be preserved with a buffer zone that is to be disturbed, tree protection specifications
as described in subsection 5.10.1(G)(1) and (3) through (7) shall be followed.
(4) Construction Timing. Construction shall be organized and timed to minimize the disturbance of
Sensitive or Specially Valued Species occupying or using on-site and adjacent natural habitats or
features.
(5) Red-tailed and Swainson's Hawk Nest Sites.
(a) No tree with an active nest shall be removed unless a permit for such removal has been obtained by
the developer from the United States Fish and Wildlife Service.
(b) To the extent reasonably feasible, trees that are known to have served as nest sites shall not be
removed within five (5) years of the last known nesting period. If the tree is removed, it shall be
mitigated in accordance with Section 5.10.1, Landscaping and Tree Protection Standards.
(c) A temporary LOD of a four-hundred-fifty (450) foot radius shall be established for Red-tailed and
Swainson's hawk active nest sites during the period from February 15 through July 15 of the first year
of a multi-year development construction project.
(6) Prairie Dog Removal. Before the commencement of grading or other construction on the development
site, any prairie dogs inhabiting portions of the site within the LOD shall be relocated or eradicated by
the developer. Prairie dog relocation shall be accomplished using methods reviewed and approved by
the Colorado Parks and Wildlife Division. Following relocation or eradication activities, a report shall be
provided to the City that documents when prairie dog removal occurred, the method(s) that were used
to remove prairie dogs, measures taken to ensure that prairie dogs will not re-inhabit the site, and
confirmation that no threatened or endangered species were harmed by removal activities.
(O)
(1) If a proposed development will disturb an existing wetland, the developer shall provide to the City a
written statement from the U.S. Army Corps of Engineers that the development plan fully complies with
all applicable federal wetland regulations as established in the federal Clean Water Act.
(A) General Standard. The project shall conform to all applicable local, state and federal air quality regulations
and standards, including, but not limited to, those regulating odor, dust, fumes or gases which are noxious,
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toxic or corrosive, and suspended solid or liquid particles. The project shall be designed and constructed to
comply with the dust control measures contained in the Dust Control Manual to the extent required therein.
(B) Setbacks From Domestic Wastewater Treatment Works to Habitable Structures.
(1) Unless specifically authorized pursuant to the provisions of paragraph (C) below, the minimum
horizontal distances set forth in subparagraph (2) of this Subsection shall be maintained between the
various kinds of wastewater treatment works listed in said subparagraph and any of the following uses:
(a) any residential use;
(b) any commercial/retail use except frozen food lockers, enclosed mini-storage facilities and properties
used principally as parking lots or parking garages;
(c) any industrial use except warehouses, properties used for recreational vehicle, boat or truck storage,
composting facilities, outdoor storage facilities, junkyards, transport terminals, recycling facilities,
and resource extraction;
(d) any institutional/civic/public use except cemeteries, golf courses, public facilities, parks, recreation
and other open lands, places of worship or assembly; and
(e) any accessory/miscellaneous uses except agricultural activities, farm animals, satellite dishes (greater
than thirty-nine [39] inches in diameter), and wireless communication facilities.
(2) The following minimum horizontal distances shall apply to the kinds of wastewater treatment works
listed below and the uses specified in subparagraph 1. above:
(a) Non-aerated lagoons: one thousand three hundred twenty (1,320) feet (¼ mile).
(b) Aerated lagoons containing less than two (2) total surface acres with no surface aeration one
hundred (100) feet.
(c) Aerated lagoons containing greater than two (2) total surface acres and/or with surface aeration:
one thousand (1,000) feet, or with established vegetation barriers, and/or walls, berms or other
topographic features to reduce aerosol drift as approved pursuant to paragraph (C) below: five
hundred (500) feet.
(d) Small mechanical plants with less than one hundred thousand (100,000) gpd capacity and all
facilities with building enclosure: one hundred (100) feet.
(e) All other mechanical plants: one thousand (1,000) feet.
(C) Alternative Compliance. Upon request by an applicant, the decision maker may approve an alternative
setback distance that may be substituted for a setback distance meeting the standards of this Section.
(1) Procedure. Alternative compliance setback plans shall be prepared and submitted in accordance with
the submittal requirements for plans as set forth in this Section. The plan shall clearly identify and
discuss the setback modifications proposed and the ways in which the plan will equally well or better
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accomplish the purpose of this Section than would a plan which complies with the standards of this
Section.
(2) Review Criteria. To approve an alternative plan, the decision maker must find that the proposed
alternative plan accomplishes the purposes of this Section equally well or better than would a plan
which complies with the standards of this Section.
(3) Alternative Plan. In reviewing the proposed alternative plan, the decision maker shall consider any
mitigating factors that exist to counter the potential for odor problems and/or aerosol drift, including,
without limitation, structural, chemical or technological mitigation occurring at the subject wastewater
treatment works, established vegetation barriers and/or walls, berms, or other topographic features
sufficient to serve as mitigation for odor problems and/or aerosol drift. In order to assist the decision
maker in evaluating the proposed mitigation factors the Utilities Executive Director shall submit a
written recommendation regarding such mitigation factors, which recommendation shall include the
technical analysis and reasoning used in support of the Utilities Executive Director's recommendation.
Projects shall be designed so that precipitation runoff flowing from the site is treated in
accordance with the criteria set forth in the Stormwater Criteria Manual.
(A) Lands which are subject to flooding or are located in a natural drainageway shall not be approved for
development or redevelopment unless the following conditions are met:
(1) the project development plan complies with the Basin Master Drainageway Plan as applicable;
(2) the project development plan complies with the City's Stormwater Criteria Manual;
(3) the project development plan complies with the floodplain regulations as established in Chapter 10 of
the City Code; and
(4) all measures proposed to eliminate, mitigate or control water hazards related to flooding or
drainageways have been approved by the Water Utilities Executive Director.
(B) If a project includes a water hazard such as an irrigation canal, water body or other water channel,
necessary design precautions shall be taken to minimize any hazard to life or property, and additional
measures such as fencing, water depth indicators and erection of warning signs shall be taken, to the
extent reasonably feasible.
(C) Any lands that are subject to high groundwater (meaning groundwater at an elevation such that basement
flooding is reasonably anticipated by the City Engineer to occur) shall not be platted for building lots with
basements unless adequate provisions to prevent groundwater from entering basements have been
designed and approved by the City Engineer.
(A) If the project contains potential areas of natural or geologic hazard (such as unstable or potentially
unstable slopes, faulting, landslides, rockfalls) or soil conditions (such as expansive soils) unfavorable to
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development, the applicant shall provide to the Director a study of such hazards produced by a
geotechnical engineer licensed in the state of Colorado. Such study shall contain, where appropriate,
recommendations for special mitigation measures and engineering precautions that shall be taken to
overcome those limitations. In the alternative, if determined to be a safe and reasonable option by the
geotechnical engineer, such areas may be set aside from development.
(B) Steep or unstable land and areas having inadequate drainage shall not be subdivided into building lots
unless the applicant makes adequate provisions to prevent the same from endangering life, health or other
property.
(A) Purpose. This Section is intended to protect the occupants of and visitors to the site following
development from health risks that may be presented by the existence of dangerous chemicals, metals or
other substances, microorganisms, germs, bacteria or viruses, which pose a health risk to the potential
occupants of and/or visitors to the development site if permitted to develop.
(B) General Standard. If, because of credible evidence in the possession of the City or the applicant, whether
written or otherwise, there is a reasonable suspicion or belief that the development site contains dangerous
chemicals, metals or other substances, microorganisms, germs, bacteria or viruses, which pose a health risk
to the potential occupants of and/or visitors to the development site if permitted to develop, then the
applicant shall either take such actions as are necessary to satisfy the decision maker that such health risks
have been reasonably mitigated, or shall demonstrate to the decision maker by presentation of written
statements from either the Larimer County Health Department or from specialists appropriate in education
and training to examine the risks, showing that the suspicion of danger and health risk is scientifically
unfounded and that actual, reasonable risk is unlikely.
OTHER JURISDICTION ENVIRONMENTAL COMPLIANCE
(A) If the Director obtains credible information regarding threatened or pending regulatory oversight or
enforcement related to an environmental condition of the property to be developed, or an environmental
impact related to the development plan, then the Director may require the developer to provide to the City
written statements from such governmental agencies as the Director may designate as having related
jurisdiction based on the nature of the oversight or enforcement or environmental impact.
(a) Said statements shall verify that the development plan fully complies with environmental regulations
within the jurisdiction of the writing agency. If the developer, after a diligent effort, is unable to obtain
such written verifications from one (1) of more of the designated agencies, the developer shall at least
provide to the City a written verification from said agency that the City's approval of the development
plan will not interfere with a threatened or pending environmental enforcement action of said agency.
(B) All required written statements shall be provided to the Director prior to the scheduling of the hearing for
the project development plan.
DIVISION 5.7 COMPACT URBAN GROWTH STANDARDS
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5.7.1 COMPACT URBAN GROWTH
(A) Purpose. The City has adopted a compact urban growth policy that encourages and directs development
to take place within areas contiguous to existing development in the community. Such a policy seeks to
accomplish several goals, including:
(1) improving air quality by reducing vehicle miles traveled and by encouraging mass transit and
alternatives to the private automobile;
(2) preserving natural areas and features, particularly in the periphery of the City;
(3) making possible the efficient use of existing infrastructure and cost-effective extensions of new services;
(4) encouraging infill development and reinvestment in built-up areas of the City; and
(5) promoting physical separation from neighboring communities to help each maintain its individual
identity and character.
(B) Establishment of Growth Management Area. The City has adopted a cooperative planning area policy in
the City Plan that includes a Growth Management Area as adopted by Intergovernmental Agreement with
Larimer County.
(C) No development shall be approved unless it is located within the City limits and meets
the specific standards set forth in this Division relating to the required degree of contiguity, availability of
adequate public facilities and access.
(A) Development Approval Criteria. No development for any site within the City limits shall be approved
unless it meets the following minimum requirements:
(1) Degree of Contiguity. At least one-sixth (1 /6) of the proposed development's boundaries must be
contiguous to existing urban development within either the City or unincorporated Larimer County
within the Growth Management Area. For purposes of this Section, contiguity shall not be affected by
the existence of a platted street or alley, a public or private right-of-way, a public or private
transportation right-of-way or area, publicly owned open space, or a lake, reservoir, stream or other
natural or artificial waterway between the proposed development and existing urban development.
(2) Existing Urban Development Defined. For purposes of this Section, existing urban development shall
mean industrial uses; commercial/retail uses; institutional/civic/public uses; or residential uses having an
overall minimum density of at least one (1) unit per acre; and provided further that all engineering
improvements for any such development, including paved streets, public sewer and water, stormwater
drainage and other utilities, and fire suppression consistent with the Fire Code must have been
completed.
(3) Exemption for Properties Located Within Certain Planned Subareas. Development located within the
following planned subareas are not required to comply with the requirements of this Section :
(a) Fossil Creek Reservoir Area; and
(b) Harmony Corridor.
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(B) Developments Outside the Growth Management Area. No development application shall be accepted or
approved as part of an annexation petition if the proposed development is located outside the Growth
Management Area.
(C) Waiver/Exceptions. The Planning and Zoning Commission may waive or make modifications to the contiguity
requirements of this Section upon making a specific finding that the proposed development will:
(1) Substantially advance the implementation of the City Plan in the provision of Medium-Density Mixed-
Use Neighborhoods or Community Commercial Districts;
(2) Produce special benefits to the City in terms of large-scale open space dedication or preservation,
completion of regional trail linkages, or substantially advance other primary open space and recreational
goals contained in the City Plan;
(3) Produce special benefits to the City in terms of long-term economic development opportunity in
accordance with the City Plan; or
(4) Promote the infilling of an area with already existing noncontiguous urban-level development.
(A) Purpose. The purpose of the adequate public facilities (APF) management system is to establish an
ongoing mechanism which ensures that public facilities and services needed to support development are
available concurrently with the impacts of such development.
(B) Applicability. This Section shall apply to all development in the City.
(C)
(1) APF Management System Established. In order to implement the City's Principles and Policies, the
adequate public facilities management system ("APF management system") is hereby established. The
APF management system is incorporated into and shall be part of the development review procedures
as well as the process for issuance of Building Permits.
(2) General Requirements. The approval of all development shall be conditioned upon the provision of
adequate public facilities and services necessary to serve new development. No Building Permit shall be
issued unless such public facilities and services are in place, or the commitments described in
subparagraph (E)(1)(a)(II) below have been made, or with respect to transportation facilities, a variance
under LCUASS Section 4.6.7 or an alternative mitigation strategy under LCUASS Section 4.6.8 has been
approved. Under this APF management system, the following is required:
(a) The City shall adopt and maintain level of service standards for the following public facilities:
transportation, water, wastewater, storm drainage, fire and emergency services, electrical power and
any other public facilities and services required by the City.
(b) No site specific development plan or Building Permit shall be approved or issued in a manner that
will result in a reduction in the levels of service below the adopted level of service standards for the
affected facility, except as expressly permitted under this Section (and the referenced provisions of
LCUASS).
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(D) Level of Service Standards. For the purpose of review and approval of new development and the issuance
of Building Permits, the City hereby adopts the following level of service standards for the public facilities
and services identified below:
(1) Transportation.
(a) All development must have access to the Improved Arterial Street Network or to a street for which
funds have been appropriated to fund improvement as an arterial street as more specifically required
in Section 5.4.2, Development Improvements, (F) Off-site Public Access Improvements.
(b) Except as provided in Subsection (E)(1) below, all development shall meet or exceed the following
transportation level of services standards:
(I) The vehicular level of service standards for overall intersection level of service standards
contained in Table 4-2 of the Larimer County Urban Area Street Standards (LCUASS).
Alternative mitigation strategies are provided in LCUASS Section 4.6.8.
(II) The bicycle and pedestrian level of service standards are contained in Part II of the City
of Fort Collins Multi-modal Transportation Level of Service Manual. Variances for levels
of service that do not meet the standards are provided in LCUASS Section 4.6.7.
(III) No transit level of service standards contained in Part II of the Multi-modal
Transportation Manual will be applied for the purposes of this Section.
(c) If any off-site improvements are required by the standards contained in this Section, repayments for
the costs of such improvements shall be provided to the developer in accordance with the provisions
of Section 5.4.2(F).
(2) Water. All development shall provide adequate and functional lines and stubs to each lot as required by
the current City or special district, as applicable, design criteria and construction standards.
(3) Wastewater. All development shall provide adequate and functional mains and stubs to each lot as
required by the current City or special district, as applicable, design criteria and construction standards.
(4) Storm Drainage. All development shall provide storm drainage facilities and appurtenances as required
by Sections 26-544 and 10-37 of the Municipal Code and by all current City storm drainage master
plans, design criteria and construction standards.
(5) Fire and Emergency Services. All development shall provide sufficient fire suppression facilities as
required by the Fire Code.
(6) Electrical Power Service. All development shall have service provided as described in the Electric
Construction Policies, Practices, and Procedures, and the Electric Service Rules and Regulations of the
Fort Collins Electric Utility.
(E) Minimum Requirements for APF
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(1) The City's APF management system shall ensure that public facilities and services to support
development are available concurrently with the impacts of development. In this regard, the following
standards shall be used to determine whether a development meets or exceeds the minimum
requirements for adequate public facilities:
(a) For transportation facilities, at a minimum, the City shall require that, at the time of issuance of any
Building Permit issued pursuant to a site specific development plan, all necessary facilities and
services, as described in Section (D)(1) above, are either:
(I) In place and available to serve the new development in accordance with the
development agreement; or
(II) Funding for such improvements has been appropriated by the City or provided by the
developer in the form of either cash, non-expiring letter of credit, or escrow in a form
acceptable to the City.
(b) Notwithstanding the foregoing, with respect to improvements required to maintain the applicable
transportation facilities' level of service where, as determined by the Director, such improvements
are not reasonably related to and proportional to the impacts of the development or currently
desired by the City, a Building Permit may be issued pursuant to a site specific development plan
provided the developer has:
(I) Agreed in the development agreement to install or fund improvements, or a portion
thereof, that are reasonably related and proportional to the impacts of the development
on the affected transportation facility or facilities; or
(II) Obtained a variance regarding the affected transportation facility or facilities under
LCUASS Section 4.6.7; or
(III) Agreed in the development agreement to implement an alternative mitigation strategy
as defined by LCUASS Section 4.6.8, or portion thereof, to adequately mitigate the
reasonably related and proportional impacts of the development on the affected
transportation facility or facilities; or
(IV) Funding for such improvements has been appropriated by the City or provided by the
developer in the form of either cash, non-expiring letter of credit, or escrow in a form
acceptable to the City.
(c) For water and wastewater facilities, at a minimum, the City shall require that, at the time of issuance
of any building permit issued pursuant to a site-specific development plan, all necessary facilities and
services, as described in Section (D)(2)-(3) above, are in place and available to serve the new
development in accordance with the approved utility plan and development agreement.
(d) For storm drainage facilities, the City shall require that all necessary facilities and services, as
described in Section (D)(4) above, are in place and available to serve the new development in
accordance with the approved drainage and erosion control report, utility plans and development
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agreement for such development. The timing of installation of such facilities and service shall be as
follows:
(I) Where multiple building permits are to be issued for a project, twenty-five (25) percent
of the building permits and certificates of occupancy may be issued prior to the
installation and acceptance of the certification of the drainage facilities. Prior to the
issuance of any additional permits, the installation and acceptance of the certification of
the drainage facilities shall be required.
(II) For projects involving the issuance of only one (1) building permit and certificate of
occupancy, the installation and acceptance of the certification of the drainage facilities
shall be required prior to the issuance of the certificate of occupancy.
(e) For fire and emergency services, at a minimum, the City shall require that, at the time of issuance of
any building permit issued pursuant to a site-specific development plan, all necessary facilities and
services, as required by the Fire Code, are in place and available to serve the site within the new
development where the building is to be constructed in accordance with the Fire Code and the
development agreement.
(f) For electric power facilities, the following minimum requirements shall apply:
(I) For residential development: The developer must coordinate the installation of the
electric system serving the development with the City's electric utility. In addition, each
application for a building permit within the development must show the name of the
development, its address, each lot or building number to be served, and the size of
electric service required. The size of electric service shall not exceed that originally
submitted to the electric utility for design purposes. Costs for installation of the electric
service line to the meter on the building will be payable upon the issuance of each
building permit.
(II) For Commercial/Industrial Development: The following documents/information shall be
provided to the City's electric utility with each application for a building permit:
(i) an approved and recorded final plat;
(ii) the final plan (two [2] copies);
(iii) the utility plan;
(iv) a one-line diagram of the electric main entrance;
(v) a Commercial Service Information Form (C-1 form) completed by the developer/
builder for each service, and approved by the electric utility (Blank forms are
available at the Electric Utility Engineering Department, 970-221-6700);
(vi) the transformer location(s), as approved by the electric utility;
(vii) the name and address of the person responsible for payment of the electric
development charges; and
(viii) the name, of the development, building address and lot or building number.
(III) Compliance with Administrative Regulations: The developer shall also comply with all
other administrative regulations and policies of the electric utility, including, without
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limitation, the Electric Construction Policies, Practices and Procedures, and the Electric
Service Rules and Regulations, copies of which may be obtained from the electric utility.
(F) Transportation APF Exception. Nominal Impact. For the purpose of the transportation APF requirements
contained in this Section, a proposed development shall be deemed to have a nominal impact and shall not
be subject to the APF requirements for transportation if the development proposal is not required to
complete a Traffic Impact Study per the requirements in Chapter 4 - Transportation Impact Study of the
Larimer County Urban Area Street Standards.
(G) Water Supply Adequacy. The determination required by C.R.S. § 29-20-301, et seq., whether the
proposed water supply for development is adequate and is not addressed in this Section but is set
forth in section 5.17.
(A) Area and Dimension. No part of an area or dimension required for a lot to comply with the provisions of
this Code shall be included as an area or dimension required for another lot, nor shall such required area or
dimension be burdened by any easement for an abutting private street or private drive that provides
access to the lot or to any other lot. Private driveways on the lot may be included in the lot area where a
minimum lot area square footage is otherwise required by this Code, said minimum lot area shall be
required for each principal building located on any one (1) lot.
(B) Reduction for Public Purpose. When an existing lot is reduced as a result of conveyance to a federal, state
or local government for a public purpose and the remaining area is at least seventy-five (75) percent of the
required minimum lot size for the district in which it is located, then that remaining lot shall be deemed to
comply with the minimum lot size standards of this Code.
(C) . Utility facilities using land or a building used only for equipment purposes (and not for
human occupation) and requiring less than one thousand (1,000) square feet of site are exempt from the
minimum lot size standards of all zone districts.
DIVISION 5.8 HISTORIC
5.8.1 HISTORIC, LANDMARK PRESERVATION AND CULTURAL RESOURCES
(A) Purpose.
(1) The purpose of this Section is to ensure that proposed development is compatible with and protects
historic resources by ensuring that:
(a) historic resources on a development site are preserved, adaptively reused, and incorporated into the
proposed development;
(b) development does not adversely affect the integrity of historic resources on nearby property within
the area of adjacency surrounding a development site; and
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(c) the design of new structures and site plans are compatible with and protect the integrity of historic
resources located within a development site and within the area of adjacency surrounding a
development site.
(2) To accomplish its purpose, this Section provides:
(a) the requirements for the treatment of historic resources located on a development site;
(b) the standards for design compatibility between proposed development and historic resources on a
development site and within the delineated area of adjacency surrounding a development site; and
(c) this Section is intended to work in conjunction with the standards for the treatment of historic
resources set forth in Chapter 14 of the Fort Collins Municipal Code and any relevant adopted
standards for historic resources.
(B) Jurisdiction of the Historic Preservation Commission (HPC)
When Chapter 14 of the Code of the City of Fort Collins designates the HPC or City Staff as the decision
maker, the proposed development must ultimately meet the requirements of Chapter 14 of the City Code.
This includes jurisdiction over properties inside a Landmarked District or Landmarked properties. After the
Code of the City for Fort Collins Chapter 14 standards are met, the proposed development project may
then proceed through this Code’s review procedures to ensure compliance with the criteria herein.
(C) Historic Resources on the Development Site and within the Area of Adjacency.
(1) As used in this Section, the area of adjacency shall mean an area, the outer boundary of which is two
hundred (200) feet in all directions from the perimeter of the development site. Any lot or parcel of
property shall be considered within the area of adjacency if any portion of such lot or parcel is within
the two hundred (200) foot outer boundary.
(2) Historic preservation staff shall identify as expeditiously as possible the historic resources on the
development site and within the area of adjacency to be used for application of the design standards
contained in below Subsection (F), Design Requirements for a Proposed Development, and provide a list
of such resources to the applicant. The procedure for identifying the relevant historic resources shall be
as follows:
(a) The location of the following shall be identified within the area of adjacency:
(I) Any historic resource; and
(II) Any building, site, structure, and object that requires evaluation as to whether it is
eligible for Fort Collins landmark designation and, therefore, qualifies as a historic
resource.
(b) All historic resources on the development site shall be identified and the procedure in below
Subsection (D)(1) shall be completed if necessary.
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(c) Any building, site, structure, or object requiring evaluation shall be reviewed for eligibility for Fort
Collins landmark designation pursuant to below Subsection (D)(2).
(d) Any historic resource identified in above steps (a), (b), or (c) shall be the historic resources utilized
as the basis for applying Subsection (F). Identified historic resources on the development site and
within the area of adjacency shall be classified as follows for purposes of applying the design
standards set forth in the below Subsection (F):
(I) Historic resources on the development site, or abutting or on the other side of a side
alley that abuts the development site; and
(II) All other historic resources.
(e) The historic comparison boundary shall be established at two hundred (200) feet in all directions
from the perimeter of each identified historic resource except those located on the development site.
The historic influence area formed by the overlapping area between the outer boundary of the
development site and the historic comparison boundary is the area within which the standards in
below Subsection (F) apply to any new construction proposed within such area.
(f) The historic influence area for any historic resource located on the development site shall be the
entire development site.
(3) The historic preservation staff determination pursuant to this Section of the historic resources relevant
to the application of the design standards set forth in below Subsection (F) is not subject to appeal.
Notwithstanding, eligibility determinations pursuant to below Subsection (D)(1) are subject to appeal
pursuant to Fort Collins Municipal Code Section 14-23.
ARTICLE 5
(D) Determination of Eligibility for Designation as Fort Collins Landmark. The review of proposed
development pursuant to this Section may require the determination of the eligibility of buildings, sites,
structures, and objects located both on the development site and in the area of adjacency for designation
as Fort Collins landmarks. The determination of eligibility for designation as a Fort Collins landmark shall be
made pursuant to the standards and procedures set forth in Sections 14-22 and 14-23 of the Fort Collins
Municipal Code except as varied in below Subsections (D)(1)-(2).
(1) Buildings, Sites, Structure, and Objects on a Development Site. If any buildings, sites, structures, or
objects on a development site are fifty (50) years of age or older and lack an official determination of
eligibility for Fort Collins landmark designation made within the last five (5) years, the applicant must
request an official eligibility determination for each such building, site, structure, or object pursuant to
Sections 14-22 and 14-23 of the Fort Collins Municipal Code. A current intensive-level Colorado Cultural
Resource Survey Form is required for each building, site, structure, and object and the applicant is
responsible for reimbursing the City for the cost of having such a property survey generated by a third-
party expert selected by the City.
(2) Buildings, Sites, Structures, and Objects Within the Area of Adjacency. If any buildings, sites,
structures, or objects outside of a development site but within the area of adjacency are fifty (50) years
of age or older and lack an official determination of eligibility for Fort Collins landmark designation
established within the last five (5) years, the applicant must request a non-binding determination of
eligibility for each such building, site, structure, or object pursuant to Sections 14-22 and 14-23 of the
Fort Collins Municipal Code. Notwithstanding Sections 14-22 and 14-23, any such eligibility
determination shall not be appealable pursuant to Section 14-23 and shall not be valid for any purpose
other than the evaluation of the proposed development pursuant to this Section. A current
architectural-level property survey is required for each building, site, structure, and object and the
applicant is responsible for reimbursing the City for the cost of having such a property survey generated
by a third-party expert selected by the City. The Director, in consultation with historic preservation staff,
may waive the required eligibility determination for any building, site, structure, or object if the Director
determines that such eligibility determination would be unnecessarily duplicative of information
provided by existing historic resources or would not provide relevant information.
(E) Treatment of Historic Resources on Development Sites - Design Review.
(1) Proposed alterations, as such alterations are described in Fort Collins Municipal Code Chapter 14, Article
III, to any Fort Collins landmark on a development site or to any portion of the development site located
within a Fort Collins historic district must comply with the design review requirements in Chapter 14,
Article III, of the Fort Collins Municipal Code. The applicant must obtain a certificate of appropriateness
for all proposed alterations pursuant to Chapter 14 before receiving a HPC recommendation pursuant to
below Subsection (G).
(2) Proposed alterations to any building, site, structure, or object located on the development site that is
not a Fort Collins landmark but is designated on the Colorado State Register of Historic Properties,
either individually or contributing to a district, or the National Register of Historic Places, either
individually or contributing to a district, must comply with the design review requirements in Chapter 14,
Article III, of the Fort Collins Municipal Code. The applicant must obtain a report pursuant to Chapter 14
regarding all proposed alterations before receiving a HPC recommendation pursuant to below
Subsection (G). Additionally, to the maximum extent feasible, the development plan and building design
shall provide for the preservation and adaptive use of any such building, site, structure, or object.
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(3) The development plan and building design shall provide for the preservation and adaptive use pursuant
to the Secretary of the Interior Standards for the Treatment of Historic Properties of any building, site,
structure, or object located on the development site and determined to be eligible for Fort Collins
landmark designation either through a binding or non-binding determination pursuant to Land Use
Code Section 5.8.1(C). This requirement shall apply to development applications including building
permit applications for partial or total demolition of, or work that may have an adverse effect on, any
building, site, structure, or object located on the development site and determined to be eligible for Fort
Collins landmark designation.
(F) Design Requirements for a Proposed Development.
(1) Design Compatibility. Proposed development may represent the architecture and construction
standards of its own time but must also convey a standard of quality and durability appropriate for infill
in a historic context and protect and complement the historic character of historic resources both on the
development site and within the area of adjacency. The design of development on development sites
containing historic resources or with historic resources located within the area of adjacency shall meet
the requirements in below Table 1 in addition to applicable Land Use Code requirements. The Table 1
requirements shall apply to the development of buildings or structures, other than those addressed in
above Subsection (E), on the development site located within a historic influence area, as such term is
defined in above Subsection (C)(4), as follows:
(a) If one (1) or more historic influence areas exist that are associated with historic resource(s) on the
development site, or which abut or are on the other side of a side alley that abuts the development
site, then all historic influence areas shall be considered to be associated with such historic
resource(s) and the standards set forth in Table 1, Column A, shall apply. If two (2) or more historic
influence areas exist that are associated with historic resources on the development site, or which
abut or are on the other side of a side alley that abuts the development site, the applicant may
satisfy the standards set forth in Table 1, Column A, by choosing characteristics from one (1) or more
of such historic resources.
(b) If no historic influence areas exist that are associated with historic resources on the development
site, or which abut or are on the other side of a side alley that abuts the development site, the
standards set forth in Table 1, Column B, shall apply to all historic influence areas.
(c) Table 1: Requirements for New Construction Near Historic Resources.
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Massing and Building
Articulation
massing options
In all zone districts, step-backs
e
step-backs
step-back
-defining
Building Materials
materials.
-backs (required or
-quality
(s) for any one to
-backs
1) Type;
2) Scale;
3) Color;
4) Three-dimensionality;
Facade Details
1) Similar window pattern
2)
3)Similar solid-to-void pattern as
Use select horizontal or vertical
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rooflines, cornices, and belt
courses) to relate the new
construction to historic resources
on the development site, abutting
or across a side alley.
Visibility of Historic
Features
-defining
(2) Old Town Historic District. Proposed development within the Old Town Historic District shall comply
with the Old Town Historic District Standards adopted by Ordinance 094, 2014, Chapter 14 of the Fort
Collins Municipal Code and as amended, and the U.S. Secretary of the Interior Standards for the
Treatment of Historic Properties and as amended in lieu of the requirements set forth in this Section
except Subsections (E) and (G).
(3) Plan of Protection. A plan of protection shall be submitted prior to the HPC providing a
recommendation pursuant to below Subsection (G) that details the particular considerations and
protective measures that will be employed to prevent short-term and long-term material damage and
avoidable impact to identified historic resources on the development site and within the area of
adjacency from demolition, new construction, and operational activities.
(G) Historic Preservation Commission (HPC) Recommendation.
Recommendation to Decision Maker for Development Proposal. HPC shall provide a written
recommendation to the decision maker for development sites containing or adjacent to historic resources,
or both. The written recommendation shall address compliance of the proposed development with this
Section and applicable Municipal Code Chapter 14, Article III requirements and the decision maker shall
consider such recommendation in making its final decision. Notwithstanding, the Director may waive the
requirement for a HPC recommendation if the Director, after considering the recommendation of historic
preservation staff, has issued a written determination that the development plan would not have an
adverse effect on any historic resource on the development site or within the proposed development’s area
of adjacency and that the development plan is compatible with the existing character of such historic
resources. A recommendation made under this Subsection is not appealable to the City Council under
Chapter 2 of the Fort Collins Municipal Code.
DIVISION 5.9 BUILDING PLACEMENT AND SITE DESIGN
5.9.1 ACCESS, CIRCULATION AND PARKING
(A) Purpose. This Section is intended to ensure that the parking and circulation aspects of all developments are
well designed with regard to safety, efficiency and convenience for vehicles, bicycles, pedestrians, mobility
assistance devices, and transit, both within the development and to and from surrounding areas. Sidewalk
or bikeway extensions off-site may be required based on needs created by the proposed development.
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This Section sets forth parking requirements in terms of numbers and dimensions of parking stalls,
landscaping and shared parking. It also addresses the placement of drive-in facilities and loading zones.
(B) General Standard. The parking and circulation system within each development shall accommodate the
movement of vehicles, bicycles, pedestrians, mobility assistance devices and transit, throughout the
proposed development and to and from surrounding areas, safely and conveniently, and shall contribute to
the attractiveness of the development. The on-site pedestrian system must provide adequate directness,
continuity, street crossings, visible interest and security as defined by the standards in this Section. The on-
site bicycle system must connect to the City's on-street bikeway network. Connections to the off-road trail
system shall be made, to the extent reasonably feasible.
(C) Development Standards. All developments shall meet the following standards:
(1) Safety Considerations. Pedestrians and those utilizing mobility assisted devices shall be separated from
vehicles and bicycles.
(a) Where complete separation of people and vehicles and bicycles is not possible, potential hazards
shall be minimized by the use of techniques such as special paving, raised surfaces, pavement
marking, signs or striping, bollards, median refuge areas, traffic calming features, landscaping,
lighting or other means to clearly delineate pedestrian areas, for both day and night use.
(b) Where individuals and bicyclists share walkways, the pedestrian/ assisted mobility devices/bicycle
system shall be designed to be wide enough to easily accommodate the amount of individuals and
bicycle traffic volumes that are anticipated. A minimum width of eight (8) feet shall be required and
shall meet American Association of State Highway and Transportation Officials (AASHTO) guidelines,
Guide for Development of Bicycle Facilities, August 1991, or any successor publication. Additional
width of up to four (4) feet may be required to accommodate higher volumes of bicycle and
pedestrian traffic within and leading to Community Commercial Districts, Neighborhood Commercial
Districts, schools and parks.
(2) Curbcuts and Ramps. Curbcuts and ramps shall be located at convenient, safe locations for the
individuals, for bicyclists and for people pushing strollers or carts. The location and design of curbcuts
and ramps shall meet the requirements of the International Building Code and the Americans With
Disabilities Act ramp standards and shall avoid crossing or funneling traffic through loading areas, drive-
in lanes and outdoor trash storage/collection areas.
(3) Site Amenities. Development plans shall include site amenities that enhance safety and convenience
and promote walking or ease of use for of assisted mobility devices, or bicycling. Site amenities may
include bike racks, drinking fountains, canopies and benches as described in the Fort Collins Bicycle
Program Plan and Pedestrian Plan as adopted by the City.
(4) Bicycle Facilities. Commercial, industrial, civic, employment and multi-unit residential uses shall provide
bicycle facilities to meet the following standards:
(a) Required Types of Bicycle Parking. To meet the minimum bicycle parking requirements, the
development must provide required bicycle parking for both Enclosed Bicycle Parking and Fixed
Bicycle Racks.
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(b) Bicycle Parking Space Requirements. The minimum bicycle parking requirements are set forth in the
table below. For uses that are not specifically listed in the table, the number of bicycle parking
spaces required shall be the number required for the most similar use listed. Enclosed bicycle parking
spaces may not be located on balconies.
(c) Minimum Bicycle Requirements Table:
Use Categories Bicycle Parking Space
Minimums
(d) Alternative Compliance. Upon written request by the applicant, the decision maker may approve an
alternative number of bicycle parking spaces that may be substituted in whole or in part for the
number that would meet the standards of this Section.
(I) Procedure. The alternative bicycle parking plan shall be prepared and submitted in
accordance with the submittal requirements for bicycle parking plans. Each such plan
shall clearly identify and discuss the modifications and alternatives proposed and the
ways in which the plan will better accomplish the purposes of this Section than would a
plan that complies with the standards of this Section.
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(II) Review Criteria. To approve an alternative plan, the decision maker must find that the
proposed alterative plan accomplishes the purposes of this Section equally well or better
than would a plan that complies with the standards of this Section.
(III) In reviewing a request for an alternative number of bicycle parking spaces, the decision
maker must consider whether the proposed land use will likely experience a lower-than-
normal amount of bicycle traffic. Factors to be taken into consideration in making this
determination may include but need not be limited to: (i) the nature of the proposed
use; (ii) its location in relation to existing or planned bicycle facilities or infrastructure;
and (iii) its proximity to natural features that make the use of bicycles for access to the
project infeasible.
(5) Walkways.
(a) Directness and Continuity. Walkways within the site shall be located and aligned to directly and
continuously connect areas or points of pedestrian origin and destination and shall not be located
and aligned solely based on the outline of a parking lot configuration that does not provide such
direct pedestrian access. Walkways shall be unobstructed by vertical curbs, stairs, raised landscape
islands, utility appurtenances or other elements that restrict access and shall link street sidewalks
with building entries through parking lots. Such walkways shall be raised or enhanced with a paved
surface not less than six (6) feet in width. Drive aisles leading to main entrances shall have walkways
on both sides of the drive aisle.
(b) Street Crossings. Where it is necessary for the primary crossing of drive aisles or internal roadways,
the crossing shall emphasize and place priority on individuals’ access and safety. The material and
layout of the access shall be continuous as it crosses the driveway, with a break in continuity of the
driveway paving and not in the pedestrian access way. The crossings must be well-marked using
pavement treatments, signs, striping, signals, lighting, traffic calming techniques, median refuge
areas and landscaping. (See Figure 3.)
Figure 3: Street Crossings
(6) Direct On-Site Access to Individual and Bicycle Destinations. The on-site pedestrian and bicycle
circulation system must be designed to provide, or allow for, direct connections to major individual and
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bicycle destinations including, but not limited to, trails, parks, schools, Neighborhood Centers,
Neighborhood Commercial Districts and transit stops that are located either within the development or
adjacent to the development as required, to the maximum extent feasible. The on-site individual and
bicycle circulation system must also provide, or allow for, on-site connections to existing or planned off-
site pedestrian and bicycle facilities at points necessary to provide direct and convenient pedestrian and
bicycle travel from the development to major individual destinations located within the neighborhood.
In order to provide direct pedestrian connections to these destinations, additional sidewalks or
walkways not associated with a street, or the extension of street sidewalks, such as from the end of a
cul-de-sac, or other walkways within the development, to another street or walkway, may be required
as necessary to provide for safety, efficiency and convenience for bicycles and individuals both within
the development and to and from surrounding areas.
(7) Off-Site Access to Individual and Bicycle Destinations. Off-site individual or bicycle facility
improvements may be required in order to comply with the requirements of Section 5.9.1(E) (Parking
Lot Layout), Section 5.4.10 (Transportation Level of Service Requirements), or as necessary to provide
for safety, efficiency and convenience for bicycles and pedestrians both within the development and to
and from surrounding areas.
(8) Transportation Impact Study (TIS). In identifying those facilities that may be required in order to
comply with these standards, all development plans must submit a TIS approved by the Traffic
Engineer, which study shall be prepared in accordance with the TIS guidelines maintained by the City.
(D) Access and Parking Lot Requirements. All vehicular use areas in any proposed development shall be
designed to be safe, efficient, convenient and attractive, considering use by all modes of transportation
that will use the system, (including, without limitation, cars, trucks, buses, bicycles and emergency
vehicles).
(1) Individual/Vehicle Separation. To the maximum extent feasible, individuals and vehicles shall be
separated through provision of a sidewalk or walkway. Where complete separation of individuals and
vehicles is not feasible, potential hazards shall be minimized by using landscaping, bollards, special
paving, lighting and other means to clearly delineate pedestrian areas.
(2) 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 protect 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. Notwithstanding the forgoing required off-street parking for an ADU use is allowed one (1)
tandem space to count towards minimum parking requirement.
(3) Location. In a zone district predominated by residential uses, only off-street parking will be allowed to
serve non-residential uses.
(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:
(I) such spaces are provided collectively by two (2) or more buildings or uses on abutting
lots in a single parking area located within the boundaries of those abutting lots, and the
total number of parking spaces supplied collectively is equal to the number of spaces
required by this subdivision for each use considered separately; or
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(II) an alternative location is approved by the Director provided that the Director must have
determined that such location is permanent and provides close and easy access to users.
(b) Guest Parking. Off-street guest parking spaces in multi-unit developments shall be distributed
proportionally to the dwelling unit locations that they are intended to serve. Such parking shall not
be located more than two hundred (200) feet from any dwelling unit that is intended to be served.
(c) Pavement. All open off-street parking and vehicular use areas shall be surfaced with asphalt,
concrete or other material in conformance with City specifications with the exception of off-street
parking and vehicular use areas for a park or trail connection point that may be surfaced with gravel
or another similar inorganic material.
(d) Lighting. Light fixtures 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, while still providing security to motorists, individuals and bicyclists.
(e) 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.
(E) Parking Lot Layout.
(1) Circulation Routes. Parking lots shall provide well-defined circulation routes for vehicles, bicycles, and
individuals and pedestrians
(2) Traffic Control Devices. Standard traffic control signs and devices shall be used to direct traffic where
necessary within a parking lot.
(3) Orientation. Parking bays shall be perpendicular to the land uses they serve to the maximum extent
feasible. Large parking lots shall include walkways that are located in places that are logical and
convenient for pedestrians.
(4) Landscaped Islands. Landscaped islands with raised curbs shall be used to define parking lot entrances,
the ends of all parking aisles and the location and pattern of primary internal access drives, and shall
provide pedestrian refuge areas and walkways.
(5) Points of Conflict. The lot layout shall specifically address the interrelation of pedestrian, vehicular and
bicycle circulation in order to provide continuous, direct pedestrian access with a minimum of driveway
and drive aisle crossings. Remedial treatment such as raised pedestrian crossings, forecourts and
landings, special paving, signs, lights and bollards shall be provided at significant points of conflict.
(6) Lot Size/Scale. Large surface parking lots shall be visually and functionally segmented into several
smaller lots according to the following standards:
(a) Large parking lots shall be divided into smaller sections by landscape areas. Each section shall
contain a maximum of two hundred (200) parking spaces.
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(b) Parking bays shall be landscaped in accordance with the requirements contained in subsection
5.10.1(E)(5).
(F) User Needs. Layout and design shall anticipate the needs of users and provide continuity between
vehicular circulation, parking, pedestrian and bicycle circulation. Pedestrian drop-off areas shall be
provided where needed, especially for land uses that serve children or the elderly.
(G) Shared Parking. Where a mix of uses creates staggered peak periods of parking demand, shared parking
calculations shall be made to reduce the total amount of required parking. Retail, office, institutional and
entertainment uses may share parking areas.
(H) Drive-in Facilities. Any drive-in facilities, if permitted by the zone district regulations set forth in Article 2,
shall be secondary in emphasis and priority to any other access and circulation functions. Such facilities
shall be located in side or rear locations that do not interrupt direct pedestrian access along connecting
pedestrian frontage. The design and layout of drive-in facilities for restaurants, banks, or other uses shall:
(1) avoid potential individual/vehicle conflicts;
(2) provide adequate stacking spaces for automobiles before and after use of the facility;
(3) provide adequate directional signage to ensure a free-flow through the facility; and
(4) provide a walk-up service option as well as drive-in.
(I) Truck Traffic. All developments that generate truck traffic that is anticipated to adversely affect a
neighborhood by creating noise, dust or odor problems shall avoid or mitigate those impacts either
through physical design or operational procedures.
(J) Setbacks. Any vehicular use area containing six (6) or more parking spaces or one thousand eight hundred
(1,800) or more square feet shall be set back from the street right-of-way and the side and rear yard lot
line (except a lot line between buildings or uses with collective parking) consistent with the provisions of
this Section, according to the following table:
(1) Landscape Setback Table:
*Setbacks along interior lot lines for vehicular use areas may be increased by the decision maker in order to
enhance compatibility with the abutting use or to match the contextual relationship of adjacent or abutting
vehicular use areas.
(K) Parking Lots - Required Number of Off-Street Spaces for Type of Use.
(1) Residential and Institutional Parking Requirements. Residential and institutional uses shall provide a
number of parking spaces as defined by the standards below.
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(a) Attached Dwellings: for each single-unit attached, two-unit, and multi-unit dwelling there shall be
parking spaces provided as indicated by the following table:
.
-street parking then the percentage of garage parking spaces provided for the
(I) Multi-unit dwellings and mixed-use dwellings within the Transit-Oriented Development
(TOD) Overlay Zone shall provide a minimum number of parking spaces as shown in the
following table:
in a structure
(i) Multi-unit dwellings and mixed-use dwellings within the Transit-Oriented
Development (TOD) Overlay Zone may reduce the required minimum number of
parking spaces by providing demand mitigation elements as shown in the
following table:
(equal to or less than 60% Area Median Income).
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Within 1,000 feet walking distance of MAX Station.
(Walking distance shall mean an ADA-compliant,
contiguous improved walkway measured from the
most remote building entrance to the transit station
and contained within a public ROW or pedestrian
shall be subject to audit for the duration of the project.
Management.
(II) Alternative Compliance. Upon written request by the applicant, the decision maker may
approve an alternative parking ratio, other than the minimum required in Section 2.6.1,
TOD Overlay Zone, per subparagraph 5.9.1.(K)(1)(a)(I), that may be substituted in whole
or in part for a ratio meeting the standards of this Section.
(ii) Procedure. Alternative compliance parking ratio plans shall be prepared and
submitted in accordance with the submittal requirements for plans as set forth in
this Section. The request for alternative compliance must be accompanied by a
Parking Impact Study, Transportation Demand Management proposal, or Shared
Parking Study which addresses issues identified in the City's submittal requirements
for such studies.
(iii) Review Criteria. To approve an alternative plan, the decision maker must find that
the proposed alternative plan accomplishes the purposes of this Section and Section
2.6.1, TOD Overlay Zone equally well or better than would a plan which complies
with the standards of these Sections. In reviewing the request for an alternative
parking ratio plan in order to determine whether it accomplishes the purposes of
this Section, the decision maker shall take into account the objective and verifiable
results of the Parking Impact Study, Transportation Demand Management proposal,
or Shared Parking Study together with the proposed plan's compatibility with
surrounding neighborhoods in terms of potential spillover parking.
(b) Multi-Unit. Parking on an internal street fronting (streets only serving one development) on a lot or
tract containing multi-unit, attached or two-unit dwellings (except for mixed-use dwellings and
single-unit detached dwellings) may be counted to meet the parking requirements for the
development.
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(c) Single-Unit. For each Detached House there shall be one (1) parking space on lots with greater than
forty (40) feet of street frontage or two (2) parking spaces on lots with forty (40) feet or less of
street frontage.
(d) Single Unit and Two-Unit. Parking of any vehicle in the front yard of a lot on which exists a
Detached House or Duplex shall be prohibited unless such vehicle is parked on an improved area
having a surface of asphalt, concrete, rock, gravel or other similar inorganic material, and such
improved area has a permanent border.
(e) Accessory Dwelling Unit. One (1) additional parking space required.
(f) Manufactured Homes. For each manufactured home in a manufactured home community there shall
be one (1) parking spaces per dwelling unit.
(g) Fraternity and Sorority Houses. For each fraternity or sorority house, there shall be two (2) parking
spaces per three (3) beds. The alternative compliance provisions Section 5.9.1(K)(1)(a)(II) may be
applied to vary this standard.
(h) Recreational Uses For each recreational use located in a residential district there shall be one (1)
parking space per four (4) persons maximum rated capacity.
(i) Schools, Places of Worship or Assembly and Child Care Centers. For each school, place of worship
or assembly and child care center, there shall be one (1) parking space per four (4) seats in the
auditorium or place of worship or assembly, or two (2) parking spaces per three (3) employees, or
one (1) parking space per one thousand (1,000) square feet of floor area, whichever requires the
greatest number of parking spaces. In the event that a school, place of worship or assembly, or child
care center is located adjacent to uses such as retail, office, employment or industrial uses, and the
mix of uses creates staggered peak periods of parking demand, and the adjacent landowners have
entered into a shared parking agreement, then the maximum number of parking spaces allowed for a
place of worship or assembly shall be one (1) parking space per four (4) seats in the auditorium or
place of worship or assembly, and the maximum number of parking spaces allowed for a school or
child care center shall be three (3) spaces per one thousand (1,000) square feet of floor area. When
staggered peak periods of parking demand do not exist with adjacent uses such as retail, office,
employment or industrial uses, then the maximum number of parking spaces allowed for a place of
worship or assembly shall be one (1) parking space per three (3) seats in the auditorium or place of
worship or assembly, and the maximum number of parking spaces allowed for a school or child care
center shall be four (4) spaces per one thousand (1,000) square feet of floor area.
(j) Small Scale Reception Centers in the UE, Urban Estate District. For each reception center there
shall be one (1) parking space per four (4) persons maximum rated occupancy as determined by the
building code.
(k) Short term non-primary rentals and short term primary rentals. The minimum number of off-street
parking spaces required are as follows:
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5—6 3
(I) The number of additional off-street parking spaces required for more than six (6)
bedrooms rented shall be calculated in the same manner used in the above chart (e.g.,
7-8 bedrooms rented requires four (4) off-street parking spaces).
(II) Short term rentals licensed pursuant to the Code of the City of Fort Collins Section 15-
646 and for which the license application was submitted prior to October 31, 2017, are
exempt from compliance with these parking requirements so long as such license
remains continuously valid. Subsequent licenses issued pursuant to Section 15-646 shall
comply with these parking requirements.
(2) Nonresidential Parking Requirements. Nonresidential uses shall provide a number of parking
spaces, and will be limited to a number of parking spaces as defined by the standards defined
below.
(a) The table below sets forth the number of minimum required and maximum allowed parking spaces
based on the square footage of the gross leasable area and of the occupancy of specified uses. In the
event that on-street or shared parking is not available on land adjacent to the use, then the
maximum parking allowed may be increased by twenty (20) percent.
(b) Parking Requirements for Nonresidential Uses:
the largest shift or 4.5/1000 sq.
ft. if all additional parking spaces
gained by the increased ratio
(over 3/1000 sq. ft.)
are contained within
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Lodging Establishments 0.5/unit 1/unit
Health Facilities
a. Hospitals 0.5/bed 1/bed
b. Long-Term Care Facilities .33/bed plus 1/two employees
on major shift
Industrial: Employee Parking 0.5/employee .75/employee
(c) Existing Buildings Exemption. Change in use of an existing building shall be exempt from minimum
parking requirements. For the expansion or enlargement of an existing building which does not result
in the material increase of the building by more than twenty-five (25) percent, but not to exceed five
thousand (5,000) square feet in the aggregate, shall be exempt from minimum parking
requirements. For the redevelopment of a property which includes the demolition of existing
buildings, the minimum parking requirement shall be applied to the net increase in the square
footage of new buildings.
(d) TOD Overlay Zone Exemption. If new development is proposed within the Transit-Oriented
Development (TOD) Overlay zone, twenty-five (25) percent of the square footage of gross leasable
area of such new development, but not to exceed five thousand (5,000) square feet in the
aggregate, shall be exempt from minimum parking requirements. The exemption shall be distributed
proportionally among the uses contained in a mixed-use development.
(e) For uses that are not specifically listed in subsections 5.9.1(K)(1) or (2), the number of parking spaces
permitted shall be the number permitted for the most similar use listed.
(f) For non-residential uses within the Transit-Oriented Development (TOD) Overlay Zone the required
minimum number of parking spaces may be reduced by providing demand mitigation strategies as
shown in the following table:
(Walking distance shall mean an ADA-compliant,
contiguous improved walkway measured from the
most remote building entrance to the transit station
and contained within a public ROW or pedestrian
(3) Alternative Compliance. Upon written request by the applicant, the decision maker may approve an
alternative parking ratio (as measured by the number of parking spaces based on the applicable unit of
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measurement established in the table contained in Section 5.9.1(K)(2) for nonresidential land uses or the
number of parking spaces based on use in Section 5.9.1(K)(1) for residential and institutional land uses)
that may be substituted in whole or in part for a ratio meeting the standards of this Section.
(a) Procedure. Alternative compliance parking ratio plans shall be prepared and submitted in accordance
with the submittal requirements for plans as set forth in this Section. Each such plan shall clearly
identify and discuss the modifications and alternatives proposed and the ways in which the plan will
better accomplish the purpose of this Section than would a plan which complies with the standards
of this Section. The request for alternative compliance must be accompanied by a Parking Impact
Study, Transportation Demand Management analysis, or Shared Parking Study which addresses
issues identified in the City's submittal requirements for such studies.
(b) Review Criteria. To approve an alternative plan, the decision maker must find that the proposed
alternative plan accomplishes the purposes of this Section equally well or better than would a plan
which complies with the standards of this Section. In reviewing the request for an alternative parking
ratio plan in order to determine whether it accomplishes the purposes of this Section, as required
above, the decision maker shall take into account the number of employees occupying the building
or land use, the number of expected customers or clients, the availability of nearby on-street parking
(if any), the availability of shared parking with abutting, adjacent or surrounding land uses (if any),
the provision of purchased or leased parking spaces in a municipal or private parking lot meeting the
requirements of the City, trip reduction programs (if any), or any other factors that may be unique to
the applicant's development request. The decision maker shall not approve the alternative parking
ratio plan unless it:
(I) does not detract from continuity, connectivity and convenient proximity for pedestrians
between or among existing or future uses in the vicinity;
(II) minimizes the visual and aesthetic impact along the public street by placing parking lots
to the rear or along the side of buildings, to the maximum extent feasible;
(III) minimizes the visual and aesthetic impact on the surrounding neighborhood;
(IV) creates no physical impact on any facilities serving alternative modes of transportation;
(V) creates no detrimental impact on natural areas or features;
(VI) maintains handicap parking ratios; and
(VII) for projects located in D, LMN, MMN and CC zone districts, conforms with the
established street and alley block patterns, and places parking lots across the side or to
the rear of buildings.
(c) For recreational and institutional land uses that are required to provide a amount of
parking, a request for alternative compliance to provide parking below the required minimum must
follow the same procedure and be held to the same review criteria as described in Section
5.9.1(K)(3)(a) and 5.9.1(K)(3)(b), and in addition, must demonstrate:
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(I) that there will be no dispersal of spillover parking onto surrounding, adjacent or abutting
land uses, and
(II) that there will be no dispersal of spillover parking onto surrounding, adjacent or abutting
public streets (or private streets not under legal ownership of the applicant) where
parking is prohibited.
Notwithstanding the spillover parking prohibitions above, spillover parking may be allowed pursuant to
this subsection for "Special Event Parking," meaning parking associated with a recreational facility,
activity or institution expected to occur no more than four (4) times per year for school assemblies,
pageants, graduations, religious celebrations or other ceremonies or events that occur so infrequently
that the public can reasonably be expected to accept the inconvenience of spillover parking on such
infrequent occasions.
(4) Exception to the General Office Parking Standard. An exception to the general office parking standard
as established in the table contained in Section 5.9.1(K)(2) shall be permitted for the purpose of
ensuring that the parking provided is adequate but not in excess of the users' needs. Requests for
exceptions to the general office parking standard shall be reviewed according to the procedure and
criteria contained in subparagraphs (I) and (II) below. Exceptions shall be available to those projects
where the number of anticipated employees can be reasonably estimated, and such exceptions shall
apply only to the ratio between the number of parking spaces and the number of employees, and not to
the ratio between the number of parking spaces and the gross leasable area.
(I) Procedure. All requests for exceptions to the general office parking standard shall be
submitted in accordance with the submittal requirements for plans as set forth in this
subsection. Each such request shall clearly identify and discuss the proposed project and
the ways in which the plan will accomplish the general purpose of this subsection. The
request for an exception to the standard must be accompanied by an estimated number
of employees. In addition, a traffic impact study containing a trip generation analysis or
other relevant data describing the traffic and parking impacts of any proposed general
office land use or activity shall be submitted.
(II) Review Criteria. To approve an exception to the standard, the decision maker must find
that the proposed project accomplishes the general purpose of this Section. In reviewing
the request for an exception to the standard parking ratio and in order to determine
whether such request is consistent with the purposes of this subsection, as required
above, the decision maker shall take into account the anticipated number of employees
occupying the building, the number and frequency of expected customers or clients, the
availability of nearby on-street parking (if any), the availability of shared parking with
abutting, adjacent or surrounding land uses (if any), the provision of purchased or
leased parking spaces in a municipal or private parking lot meeting the requirements of
the City, travel demand management programs(if any), or any other factors that may be
unique to the applicant's development request. The decision maker shall not approve an
exception to the general office parking standard unless it:
(i) does not detract from continuity, connectivity and convenient proximity for
pedestrians between or among existing or future uses in the vicinity;
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(ii) minimizes the visual and aesthetic impact along the public street of the proposed
increased parking by placing parking lots to the rear or along the side of buildings,
to the maximum extent feasible;
(iii) minimizes the visual and aesthetic impact of such additional parking on the
surrounding neighborhood;
(iv) creates no physical impact on any facilities serving alternative modes of
transportation;
(v) creates no detrimental impact on natural areas or features;
(vi) maintains handicap parking ratios;
(vii) for projects located in D, LM-N, M-M-N and C-C zone districts, conforms with the
established street and alley block patterns, and places parking lots across the side or
to the rear of buildings;
(viii) results in a ratio that does not exceed one-space-per-employee (1:1), and
(ix) is justified by a travel demand management program which has been submitted to
and approved by the City.
(5) Accessible Parking.
(a) Accessible spaces. Parking spaces for those living with a disability shall have a stall width of thirteen
(13) feet unless the space is parallel to a pedestrian walk. Other dimensions shall be the same as
those for standard vehicles. Any such spaces shall be designated as being for the handicapped with a
raised standard identification sign.
(b) Location. Accessible parking spaces shall be located next the nearest accessible building entrance,
using the shortest possible accessible route of travel., the accessible route of travel shall not cross
lanes for vehicular traffic. When crossing vehicle traffic lanes is deemed necessary by the City and
acceptable under the federal standards, the route of travel shall be designated and marked as a
crosswalk.
(c) Marking. Every accessible parking space shall be identified by a sign, centered between three (3)
feet and five (5) feet above the parking surface, at the head of the parking space. The sign shall
include the international symbol of accessibility and state RESERVED, or equivalent language.
(d) Amount. Each parking lot shall contain at least the minimum specified number of accessible spaces
as provided in the table below. Regardless of the number of accessible spaces required, at least one
(1) such space shall be designated as a van-accessible space, and must be a minimum of eight (8)
feet wide and adjoin a minimum eight-foot-wide access aisle.
(I) Accessibility Parking Spaces Minimum Requirement Table:
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Total Parking Spaces in
Lot
Minimum Required Number of
Accessible Spaces
1-25 1
26-50 2
51-75 3
76-100 4
101-150 5
151-200 6
201-300 7
301-400 8
401-500 9
501-1,000 2% of total spaces
Over 1,000 20 spaces plus 1 space for every 100
spaces, or fraction thereof, over 1,000
(6) Loading Zones. All development shall provide loading zones and service areas adequately sized to
accommodate the types of vehicles that use them. Such loading zones and service areas shall be
indicated on the development plan.
(L) Parking Stall Dimensions. Off-street parking areas for automobiles shall meet the following minimum
standards for long- and short-term parking of standard and compact vehicles:
(1) Standard Spaces. Parking spaces for standard vehicles shall conform with the standard car dimensions
shown on Table A.
(2) Compact Vehicle Spaces in Long-term Parking Lots and Parking Structures. Those areas of a parking
lot or parking structure that are approved as long-term parking have the option to include compact
parking stalls. Such approved long-term parking areas may have up to forty (40) percent compact car
stalls using the compact vehicle dimensions set forth in Table B, except when no minimum parking is
required for a use pursuant to Subsection 5.9.1(K), in which event the number of compact car stalls
allowed may be greater than forty (40) percent. No compact spaces shall be designated as accessible
parking spaces.
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Figure 4
Parking Stall Dimensions
* When garages are located along a driveway and are opposite other garages or buildings, the
two-way drive aisle width (F) must be increased to 28 feet.
** When an overhang is allowed to reduce stall depth, the one-way drive aisle width (G) must
be increased to 22 feet.
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(3) Long-Term Parking Stalls. As an option in long-term parking areas, all long-term parking stalls may be
designated using the following stall dimensions:
(4) Vehicular Overhang. The stall dimensions indicated above may be modified with respect to vehicular
overhang as indicated in Figure 5, except that compact vehicle spaces may not be reduced in depth to a
dimension that is less than the required depth indicated above.
(II) Figure 5 – Vehicular Overhang for Standard-Size Parking Stalls:
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DIVISION 5 .10 LANDSC APING AND TREE PROTECTION
5.10.1 LANDSCAPING AND TREE PROTECTION
(A) Applicability. This Section shall apply to all development (except for development on existing lots for
single-unit detached dwellings) within the designated "limits of development" ("LOD") and natural habitat
buffer zones established according to Section 5.6.1 (Natural Habitats and Features).
(B) Purpose. The intent of this Section is to require preparation of landscape and tree protection plans that
ensure significant canopy cover is created, diversified and maintained so that all associated social and
environmental benefits are maximized to the extent reasonably feasible. These benefits include reduced
erosion and stormwater runoff, improved water conservation, air pollution mitigation, reduced glare and
heat build-up, increased aesthetics, and improved continuity within and between developments. Trees
planted in appropriate spaces also provide screening and may mitigate potential conflicts between activity
areas and other site elements while enhancing outdoor spaces, all of which add to a more resilient urban
forest.
(C) General Standard. All developments shall submit a landscape and tree protection plan, and, if receiving
water service from the City, an irrigation plan, that: (1) reinforces and extends any existing patterns of
outdoor spaces and vegetation where practicable, (2) supports functional purposes such as spatial
definition, visual screening, creation of privacy, management of microclimate or drainage, (3) enhances the
appearance of the development and neighborhood, (4) protects significant trees, natural systems and
habitat, (5) enhances the pedestrian environment, (6) identifies all landscape areas, (7) identifies all
landscaping elements within each landscape area, and (8) meets or exceeds the standards of this Section.
(D) Tree Planting Standards. All developments shall establish groves and belts of trees along all city streets, in
and around parking lots, and in all landscape areas that are located within fifty (50) feet of any building or
structure in order to establish at least a partial urban tree canopy. The groves and belts may also be
combined or interspersed with other landscape areas in remaining portions of the development to
accommodate views and functions such as active recreation and storm drainage.
(1) Minimum Plantings/Description. These tree standards require at least a minimum tree canopy but are
not intended to limit additional tree plantings in any remaining portions of the development. Groves and
belts of trees shall be required as follows:
(a) parking lot landscaping in accordance with the parking lot landscaping standards as set forth in this
Section and in Section 5.9.1, Access, Circulation and Parking;
(b) street tree planting in accordance with the Larimer County Urban Area Street Standards or other
street tree planting as defined in subsection (2)(b) or (c) below;
(c) "full tree stocking" shall be required in all landscape areas within fifty (50) feet of any building or
structure as further described below. Landscape areas shall be provided in adequate numbers,
locations and dimensions to allow full tree stocking to occur along all high use or high visibility sides
of any building or structure. Such landscape areas shall extend at least seven (7) feet from any
building or structure wall and contain at least fifty-five (55) square feet of nonpaved ground area,
except that any planting cutouts in walkways shall contain at least sixteen (16) square feet. Planting
cutouts, planters or other landscape areas for tree planting shall be provided within any walkway
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that is twelve (12) feet or greater in width adjoining a vehicle use area that is not covered with an
overhead fixture or canopy that would prevent growth and maturity.
(I) Full tree stocking shall mean formal or informal groupings of trees planted according to
the following spacing dimensions:
(II) Exact locations and spacings may be adjusted at the option of the applicant to support
patterns of use, views and circulation as long as the minimum tree planting requirement
is met. Canopy shade trees shall constitute at least fifty (50) percent of all tree
plantings. Trees required in subparagraphs (a) or (b) above may be used to contribute
to this standard.
(2) Street Trees. Planting of street trees shall occur in the adjoining street right-of-way, except as
described in subparagraph (b) below, in connection with the development by one (1) or more of the
methods described in subparagraphs (a) through (d) below:
(a) Wherever the sidewalk is separated from the street by a parkway, canopy shade trees shall be
planted at thirty-foot to forty-foot spacing (averaged along the entire front and sides of the block
face) in the center of all such parkway areas. If two (2) or more consecutive residential lots along a
street each measure between forty (40) and sixty (60) feet in street frontage width, one (1) tree per
lot may be substituted for the thirty-foot to forty-foot spacing requirement. Such street trees shall be
placed at least eight (8) feet away from the edges of driveways and alleys, and forty (40) feet away
from any streetlight and to the extent reasonably feasible, be positioned at evenly spaced intervals.
(b) Wherever the sidewalk is attached to the street in a manner that fails to comply with the Larimer
County Urban Area Street Standards, canopy shade trees shall be established in an area ranging from
three (3) to seven (7) feet behind the sidewalk at the spacing intervals as required in subsection (a)
above. Wherever the sidewalk is attached to the street and is ten (10) feet or more in width, or
extends from the curb to the property line, canopy shade trees shall be established in planting cutout
areas of at least sixteen (16) square feet at thirty-foot to forty-foot spacing.
(c) Ornamental trees shall be planted in substitution for the canopy shade trees required in subsection
(D)(2)(a) and (b) above where overhead lines and fixtures prevent normal growth and maturity.
Ornamental trees shall be placed at least fifteen (15) feet away from any streetlight.
(d) Wherever existing ash trees (Fraxinus species) are in the adjoining street right-of-way, the applicant
shall coordinate and obtain an onsite analysis with the City Forester to determine replacement
canopy shade trees either through shadow planting or other emerald ash borer mitigation methods.
(3) Minimum Species Diversity. To prevent uniform insect or disease susceptibility and eventual uniform
senescence on a development site or in the adjacent area or the district, species diversity is required,
and extensive monocultures are prohibited. The following minimum requirements shall apply to any
development plan.
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(a) Species Diversity Table:
(4) Tree Species and Minimum Sizes. The City Forester shall provide a recommended list of trees which
shall be acceptable to satisfy the requirements for landscape plans, including approved canopy shade
trees that may be used as street trees. The following minimum sizes shall be required (except as
provided in subparagraph (5) below):
(a) Minimum Size Table:
Type Minimum Size
(I) Any tree plantings that are in addition to those that are made as part of the approved
landscape plan are exempt from the foregoing size requirements.
(5) Reduced Minimum Sizes for Affordable Housing Projects. In any affordable housing project, the
following minimum sizes shall be required:
(a) Affordable Housing Minimum Tree Size Table:
Collector street only
(E) Landscape Standards. All development applications shall include landscape plans that meet the following
minimum standards:
(1) Buffering Between Incompatible Uses and Activities. In situations where the Director determines that
the arrangement of uses or design of buildings does not adequately mitigate conflicts reasonably
anticipated to exist between dissimilar uses, site elements or building designs, one (1) or more of the
following landscape buffering techniques shall be used to mitigate the conflicts:
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(a) Separation and screening with plant material: planting dense stands of evergreen trees, canopy
shade trees, ornamental trees or shrubs;
(b) Integration with plantings: incorporating trees, vines, planters or other plantings into the
architectural theme of buildings and their outdoor spaces to subdue differences in architecture and
bulk and avoid harsh edges;
(c) Establishing privacy: establishing vertical landscape elements to screen views into or between
windows and defined outdoor spaces where privacy is important, such as where larger buildings are
proposed next to side or rear yards of smaller buildings;
(d) Visual integration of fences or walls: providing plant material in conjunction with a screen panel,
arbor, garden wall, privacy fence or security fence to avoid the visual effect created by unattractive
screening or security fences; and/or
(e) Landform shaping: utilizing berming or other grade changes to alter views, subdue sound, change
the sense of proximity and channel pedestrian movement.
(2) Landscape Area Treatment. Landscape areas shall include all areas on the site that are not covered by
buildings, structures, paving or impervious surface, or other outdoor areas including play areas, plaza
spaces, patios, and the like. Landscape areas shall consist only of landscaping. The selection and
location of turf, ground cover (including shrubs, grasses, perennials, flowerbeds and slope retention),
and pedestrian paving and other landscaping elements shall be used to prevent erosion and meet the
functional and visual purposes such as defining spaces, accommodating and directing circulation
patterns, managing visibility, attracting attention to building entrances and other focal points, and
visually integrating buildings with the landscape area and with each other.
(a) Turf grass. High-use areas shall be planted with irrigated turf grass. Nonirrigated shortgrass prairie
grasses or other adapted grasses that have been certified as Xeriscape landscaping may be
established in remote, low-use, low visibility areas.
(b) Planting beds. Shrub and ground cover planting beds shall be separated from turf grass with edging
and shall have open surface areas covered with mulch.
(c) Slopes. Retaining walls, slope revetment or other acceptable devices integrated with plantings shall
be used to stabilize slopes that are steeper than 3:1. If soil tests performed on the subject soils
indicate steeper slopes are stable without the above required protection, then the maximum slope
allowed without the above required protection may be increased to the maximum stated in the soils
report or 2:1, whichever is less steep.
(d) Foundation Plantings. Exposed sections of building walls that are in high-use or high-visibility areas
of the building exterior shall have planting beds at least five (5) feet wide placed directly along at
least fifty (50) percent of such walls, except where pedestrian paving abuts a commercial building
with trees and/or other landscaping in cutouts or planting beds along the outer portion of the
pedestrian space away from the building.
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(e) Parkways. All adjoining street parkways shall be landscaped in connection with the development in
accordance with the Larimer County Urban Area Street Standards.
(f) Agricultural Use. If outdoor space is maintained in active agricultural use, the landscape surfaces and
ground cover standards above shall not apply.
(3) Water Conservation. Landscape plans shall be designed to incorporate water-efficient techniques.
(a) Landscape designs shall be designed according to the xeriscape landscaping principles described as
follows:
(I) Plan and design. Plan for how people will use and interact with the landscape. Group
landscape materials accordingly based upon hydrozone.
(II) Landscape arrangement. Provide a cohesive arrangement of turf, plants, mulch, boulders
and other landscape elements that support the criteria in Section 5. 10.1(H).Landscape
elements shall be arranged to provide appropriate plant spacing and grouping and to
avoid a disproportionate and excessive use of mulch areas.
(III) Appropriate use of turf. Limit high water-use turf to high-traffic areas where turf is
functional and utilized.
(IV) Appropriate plant selection. Selected plants shall be well-adapted to the Fort Collins
climate and site conditions. Plants shall be grouped according to water and light
requirements.
(V) Efficient irrigation. Design, operate and maintain an efficient irrigation system. Select
equipment appropriate to the hydrozone. Water deeply and infrequently to develop
greater drought tolerance.
(VI) Soil preparation. Incorporate soil amendments appropriate to the soil and the plant
material. Soil preparation must be in accordance with City of Fort Collins Municipal Code
3..2.1.
(VII) Mulch. Maintain a minimum depth of three inches of mulch in planting beds to conserve
soil moisture and control weeds, with careful placement and adjustment of depth near
plant stems as needed to allow unimpeded plant establishment and vigorous growth.
(VIII) Maintenance. Provide regular maintenance including but not limited to weeding,
pruning, mowing to an appropriate height, deadheading, replacement of dead plant
material, and replenishment of mulch surfaces.
(IX) Xeriscape principles do not include or allow artificial turf or plants; paving of areas not
used for walkways, patios or parking; excessive bare ground or mulch; weed
infestations; or any landscaping that does not comply with the standards of this
section.
(b) Landscape plans shall include:
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(I) A water budget chart that shows the total annual water use, which shall not exceed an
average of fifteen (15) gallons/square foot/year for each water tap.
• Accurate and clear identification of all applicable hydrozones using the
following categories:
(4) Parking Lot Perimeter Landscaping. Parking lot perimeter landscaping (in the minimum setback areas
required by Section 5.9.1(J)(Access, Circulation and Parking) shall meet the following minimum
standards:
(a) Trees shall be provided at a ratio of one (1) tree per twenty-five (25) lineal feet along a public street
and one (1) tree per forty (40) lineal feet along a side lot line parking setback area. Trees may be
spaced irregularly in informal groupings or be uniformly spaced, as consistent with larger overall
planting patterns and organization. Perimeter landscaping along a street may be located in and
should be integrated with the streetscape in the street right-of-way.
(b) Screening. Parking lots with six (6) or more spaces shall be screened from abutting uses and from
the street. Screening from residential uses shall consist of a fence or wall six (6) feet in height in
combination with plant material and of sufficient opacity to block at least seventy-five (75) percent
of light from vehicle headlights. Screening from the street and all nonresidential uses shall consist of
a wall, fence, planter, earthen berm, plant material or a combination of such elements, each of which
shall have a minimum height of thirty (30) inches. Such screening shall extend a minimum of seventy
(70) percent of the length of the street frontage of the parking lot and also seventy (70) percent of
the length of any boundary of the parking lot that abuts any nonresidential use. Openings in the
required screening shall be permitted for such features as access ways or drainage ways. Where
screening from the street is required, plans submitted for review shall include a graphic depiction of
the parking lot screening as seen from the street. Plant material used for the required screening shall
achieve required opacity in its winter seasonal condition within three (3) years of construction of the
vehicular use area to be screened.
(5) Parking Lot Interior Landscaping. Six (6) percent of the interior space of all parking lots with less than
one hundred (100) spaces, and ten (10) percent of the interior space of all parking lots with one hundred
(100) spaces or more shall be landscape areas. (See Figure 1). All parking lot islands, connecting
walkways through parking lots and driveways through or to parking lots shall be landscaped according
to the following standards:
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(a) Visibility. To avoid landscape material blocking driver sight distance at driveway-street intersections,
no plant material greater than twenty-four (24) inches in height shall be located within fifteen (15)
feet of a curbcut.
(b) Maximized Area of Shading. Landscaped islands shall be evenly distributed to the maximum extent
feasible. At a minimum, trees shall be planted at a ratio of at least one (1) canopy shade tree per one
hundred fifty (150) square feet of internal landscaped area with a landscaped surface of turf, ground
cover perennials or mulched shrub plantings.
(c) Landscaped Islands. In addition to any pedestrian refuge areas, each landscaped island shall include
one (1) or more canopy shade trees, be of length greater than eight (8) feet in its smallest dimension,
include at least eighty (80) square feet of ground area per tree to allow for root aeration, and have
raised concrete curbs.
(d) Figure 1 – Interior Landscaping for Vehicular Use Areas:
(e) Walkways and Driveways. Connecting walkways through parking lots, as required in subsection
5.9.1(C)(5)(a) (Walkways) shall have one (1) canopy shade tree per forty (40) lineal feet of such
walkway planted in landscape areas within five (5) feet of such walkway. Driveways through or to
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parking lots shall have one (1) canopy shade tree per forty (40) lineal feet of and along each side of
such driveway, in landscape areas within five (5) feet of such driveway.
(f) Parking bays shall extend no more than fifteen (15) parking spaces without an intervening tree,
landscape island or landscape peninsula.
(g) Engineering. Detailed specifications concerning parking lot surfacing material and parking lot
drainage detention are available from the City Engineer.
(6) Screening. Landscape and building elements shall be used to screen areas of low visual interest or
visually intrusive site elements (such as trash collection, open storage, service areas, loading docks and
blank walls) from off-site view. Such screening shall be established on all sides of such elements except
where an opening is required for access. If access is possible only on a side that is visible from a public
street, a removable or operable screen shall be required. The screen shall be designed and established
so that the area or element being screened is no more than twenty (20) percent visible through the
screen.
• Screening Materials. Required screening shall be provided in the form of new or existing plantings,
walls, fences, screen panels, topographic changes, buildings, horizontal separation or a
combination of these techniques.
(7) Landscaping of Vehicle Display Lots. Vehicle display lots for vehicle sales and leasing (as those terms
are defined in Article 7) that abut an arterial or collector street shall feature landscaped islands along
the street at an interval not to exceed every fifteen (15) vehicles or one hundred thirty-five (135) feet,
whichever is less. Each landscaped island shall comply with the requirements of 5.10.1(E)(5)(c).
(F) Tree Preservation and Mitigation. Existing significant trees (six (6) inches and greater in diameter) within
the LOD and within natural habitat buffer zones shall be preserved to the extent reasonably feasible and
may help satisfy the landscaping requirements of this Section as set forth above. Such trees shall be
considered "protected" trees within the meaning of this Section, subject to the exceptions contained in
subsection (2) below. Streets, buildings and lot layouts shall be designed to minimize the disturbance to
significant existing trees. All required landscape plans shall accurately identify the locations, species, size
and condition of all significant trees, each labeled showing the applicant's intent to either remove,
transplant or protect.
Where the City determines it is not feasible to protect and retain significant existing tree(s) or to transplant
them to another on-site location, the applicant shall replace such tree(s) according to the following
requirements and shall satisfy the tree planting standards of this Section. To the extent reasonably feasible,
replacement trees shall be planted on the development site or, if not reasonably feasible, in the closest
available and suitable planting site on public or private property. The closest available and suitable planting
site shall be selected within one-half (½) mile (2,640 feet) of the development site, subject to the following
exceptions. If suitable planting sites for all of the replacement trees are not available within one-half (½) mile
(2,640 feet) of the development, then the City Forester shall determine the most suitable planting location
within the City's boundaries as close to the development site as feasible. If locations for planting replacement
trees cannot be located within one-half (½) mile of the development site, the applicant may, instead of
planting such replacement trees, submit a payment in lieu to the City of Fort Collins Forestry Division to be
used to plant replacement trees to plant replacement trees as close to the development site as possible. The
payment in lieu mitigation fee per tree is determined by the City Forester and may be adjusted annually
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based on market rates. Payment must be submitted prior to the Development Construction Permit issuance
or other required permits.
(1) A significant tree that is removed shall be replaced with not less than one (1) or more than six (6)
replacement trees sufficient to mitigate the loss of contribution and value of the removed significant
tree(s). The applicant shall coordinate with the City Forester to determine such loss based upon an
onsite tree assessment, including, but not limited to, shade, canopy, condition, size, aesthetic,
environmental and ecological value of the tree(s) to be removed. Replacement trees shall meet the
following minimum size requirements unless otherwise determined by the City Forester:
(a) Canopy Shade Trees: 2.0" caliper balled and burlap or equivalent.
(b) Ornamental Trees: 2.0" caliper balled and burlap or equivalent.
(c) Evergreen Trees: 8' height balled and burlap or equivalent.
(2) Trees that meet one (1) or more of the following removal criteria shall be exempt from the requirements
of this subsection unless they meet mitigation requirements in Section 5.6.1(E)(1) of this Code:
(a) dead, dying or naturally fallen trees, or trees found to be a threat to public health, safety or welfare;
(b) trees that are determined by the City to substantially obstruct clear visibility at driveways and
intersections;
(c) Siberian elm less than eleven (11) inches DBH and Russian-olive or ash (Fraxinus species) less than
eight (8) inches DBH.
(3) All existing street trees that are located on City rights-of-way abutting the development shall be
accurately identified by species, size, location and condition on required landscape plans, and shall be
preserved and protected in accordance with the standards of subsection (G).
(G) Tree Protection Specifications. The following tree protection specifications shall be followed for all
projects with protected existing trees. Tree protection methods shall be delineated on the demolition plans
and development plans.
(1) Within the drip line of any protected existing tree, there shall be no cut or fill over a four-inch depth
unless a qualified arborist or forester has evaluated and approved the disturbance.
(2) All protected existing trees shall be pruned to the City of Fort Collins Forestry Division standards.
(3) Prior to and during construction, barriers shall be erected around all protected existing trees with such
barriers to be of orange construction or chain link fencing a minimum of four (4) feet in height, secured
with metal T-posts, no closer than six (6) feet from the trunk or one-half (½) of the drip line, whichever
is greater. Concrete blankets, or equivalent padding material, wrapped around the tree trunk(s) is
recommended and adequate for added protection during construction. There shall be no storage or
movement of equipment, material, debris or fill within the fenced tree protection zone. A tree protection
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plan must be submitted to and approved by the City Forester prior to any development occurring on
the development site.
(4) During the construction stage of development, the applicant shall prevent the cleaning of equipment or
material or the storage and disposal of waste material such as paints, oils, solvents, asphalt, concrete,
motor oil or any other material harmful to the life of a tree within the drip line of any protected tree or
group of trees.
(5) No damaging attachment, wires, signs or permits may be fastened to any protected tree.
(6) Large property areas containing protected trees and separated from construction or land clearing areas,
road rights-of-way and utility easements may be "ribboned off," rather than erecting protective fencing
around each tree as required in subsection (G)(3) above. This may be accomplished by placing metal t-
post stakes a maximum of fifty (50) feet apart and tying ribbon or rope from stake-to-stake along the
outside perimeters of such areas being cleared.
(7) The installation of utilities, irrigation lines or any underground fixture requiring excavation deeper than
six (6) inches shall be accomplished by boring under the root system of protected existing trees at a
minimum depth of twenty-four (24) inches. The auger distance is established from the face of the tree
(outer bark) and is scaled from tree diameter at breast height as described in the chart below. Low
pressure hydro excavation, air spading or hand digging are additional tools/practices that will help
reduce impact to the tree(s) root system when excavating at depths of twenty-four (24) inches or less.
Refer to the Critical Root Zone (CRZ) diagram, Figure 2, for root protection guidelines. The CRZ shall be
incorporated into and shown on development plans for all existing trees to be preserved.
(a) Auger Distance Table:
Tree Diameter at Breast Height (inches)Auger Distance From Face of Tree (feet)
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(b) Figure 2 - Critical Root Zone Diagram.
(H) Placement and Interrelationship of Required Landscape Plan Elements. In approving the required
landscape plan, the decision maker shall have the authority to determine the optimum placement and
interrelationship of required landscape plan elements such as trees, vegetation, turf, irrigation, screening,
buffering and fencing, based on the following criteria:
(1) protecting existing trees, natural areas and
features;
(2) enhancing visual continuity within and
between neighborhoods;
(3) providing tree canopy cover;
(4) creating visual interest year-round;
(5) complementing the architecture of a
development;
(6) providing screening of areas of low visual
interest or visually intrusive site
elements;
(7) establishing an urban context within mixed-use
developments;
(8) providing privacy to residents and users;
(9) conserving water;
(10) avoiding reliance on excessive maintenance;
(11) promoting compatibility and buffering between
and among dissimilar land uses; and
(12) establishing spatial definition.
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(I) Landscape Materials, Maintenance and Replacement.
(1) Topsoil. To the maximum extent feasible, topsoil that is removed during construction activity shall be
conserved for later use on areas requiring revegetation and landscaping. Organic soil amendments shall
also be incorporated in accordance with the requirements of Section 5.5.5.
(2) Plant Materials. Plant material shall be selected from the City of Fort Collins Plant List created by Fort
Collins Utilities Customer Connections Department and adopted by the Director. The Plant List contains
plants determined by local resources to be appropriate for local conditions. The Director may approve
plants not included on the list upon a determination that such plants are well suited for the local
climate.
(3) Plant Quality. All plants shall be A-Grade or No. 1 Grade, free of any defects, of normal health, height,
leaf density and spread appropriate to the species as defined by American Association of Nurserymen
standards.
(4) Installation. All landscaping shall be installed according to sound horticultural practices in a manner
designed to encourage quick establishment and healthy growth. All landscaping in each phase shall
either be installed or the installation shall be secured with a letter of credit, escrow or performance bond
for one hundred twenty-five (125) percent of the value of the landscaping prior to the issuance of a
certificate of occupancy for any building in such phase.
(5) Maintenance. Trees and vegetation, irrigation systems, fences, walls and other landscape elements shall
be considered as elements of the project in the same manner as parking, building materials and other
site details. The applicant, landowner or successors in interest shall be jointly and severally responsible
for the regular maintenance of all landscaping elements in good condition. All landscaping shall be
maintained free from disease, pests, weeds and litter, and all landscape structures such as fences and
walls shall be repaired and replaced periodically to maintain a structurally sound condition.
(6) Replacement. Any landscape element that dies, or is otherwise removed, shall be promptly replaced
based on the requirements of this Section.
(7) Mitigation. Healthy, mature trees that are removed by the applicant or by anyone acting on behalf of or
with the approval of the applicant shall be replaced with not less than one (1) or more than six (6)
replacement trees sufficient to mitigate the loss of value of the removed tree. The applicant shall select
either the City Forester or a qualified landscape appraiser to determine such loss based upon an
appraisal of the removed tree, using the most recent published methods established by the Council of
Tree and Landscape Appraisers. Larger than minimum sizes (as set forth in subsection (D)(4) above)
shall be required for such replacement trees.
(8) Restricted Species. City Forestry Division shall provide a list of specified tree species that shall not be
planted within the limits of development and adjoining street right-of-way. For example, no ash trees
(Fraxinus species) shall be planted due to the anticipated impacts of the emerald ash borer.
(9) Prohibited species. For prohibited species reference Chapter 27, Article II, Division 1, Sec. 27-18 of the
Fort Collins Municipal Code.
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(J) Irrigation.
(1) Provision shall be made for permanent, automatic irrigation of all plant material, with the following
exceptions:
(a) Plantings that do not require any irrigation beyond establishment.
(b) Trees and other plants used to landscape a residential local street parkway abutting lots for
detached single-unit dwellings.
(2) For any development provided water within the City, a final irrigation plan shall be submitted to and
approved by the Director prior to the issuance of the building permit, or if no building permit is
required, then prior to commencement of construction. As determined by the Director, minor
redevelopment or change of use projects may not be required to submit an irrigation plan; in such
cases, a written statement shall be submitted describing the type of irrigation system proposed. The
irrigation plan shall incorporate the City of Fort Collins Irrigation System Standards for Water
Conservation set forth below. In addition, the irrigation system must be inspected for compliance with
the approved irrigation plan before the issuance of a Certificate of Occupancy.
(3) The City of Fort Collins Irrigation System Standards for Water Conservation are as follows:
(a) Irrigation Methods and Layout.
(I) The irrigation system shall be designed according to the hydrozones shown on the
landscape plan.
(II) Each zone shall irrigate a landscape with similar site, soil conditions and plant material
having similar water needs. To the extent reasonably feasible, areas with significantly
different solar exposures shall be zoned separately.
(III) Turf and non-turf areas shall be irrigated on separate zones.
(IV) On steep grades, an irrigation method with a lower precipitation rate shall be used in
order to minimize runoff, and, to the extent reasonably feasible, these areas shall be
zoned separately.
(V) Drip, micro-sprays, sprayheads and rotors shall not be combined on the same zone.
(VI) The irrigation method shall be selected to correlate with the plant density. Drip irrigation
or bubblers shall be used for sparsely planted trees and shrubs, and rotors, sprayheads
and multi-jet rotary nozzles shall be used for turfgrass.
(b) Equipment Selection.
(I) To reduce leakage of water from the irrigation system, a master shut-off valve shall be
installed downstream of the backflow device to shut off water to the system when not
operating.
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(II) For irrigation systems that are on a combined-use tap, with a water meter installed
upstream to measure total water use, the installation of an irrigation-only submeter
should be considered. The purpose of the submeter would be to enable the owner and
landscape maintenance contractor to monitor water use for irrigation. The submeter
would not be used for billing purposes. The cost of installation and maintenance of a
submeter, if used, would be borne by the owner of the property and not by the City. All
such submeters would have to be installed in accordance with the specifications
established by the City.
(III) Irrigation controllers shall be "smart" controllers, using climate-based or soil moisture-
based technology, selected from the WaterSense labeled irrigation controllers list issued
by the United States Environmental Protection Agency from time-to-time and available
at the City of Fort Collins Utilities Water Conservation Department. Controllers shall be
installed and programmed according to manufacturer's specifications.
• A data input chart for the Smart Controller, including the precipitation rate from the
audit, shall be posted at each irrigation controller.
• Within six (6) weeks of the installation of new landscaping, the irrigation system
Smart Controllers shall be reset to the normal seasonal watering schedule.
(IV) An evapotranspiration (ET) sensor or weather monitor shall be installed on each
irrigation controller and installed according to manufacturer's specifications in a location
to receive accurate weather conditions.
(V) Sprinklers and nozzles shall meet the following requirements:
• The type of sprinkler and associated nozzles shall be selected to correlate with the
size and geometry of the zone being irrigated.
• Sprinklers shall be spaced no closer than seventy-five (75) percent of the maximum
radius of throw for the given sprinkler and nozzle. Maximum spacing shall be head-
to-head coverage.
• Coverage arcs and radius of throw for turf areas shall be selected and adjusted to
water only turf areas and minimize overspray onto vegetated areas, hard surfaces,
buildings, fences or other non-landscaped surfaces.
• Sprinklers, bubblers or emitters on a zone shall be of the same manufacturer.
• Sprayheads in turf areas shall have a minimum three-and-one-half-inch pop-up riser
height.
• Sprayheads on a zone shall have matched precipitation nozzles. Variable Arc
Nozzles (VAN) are not acceptable for ninety (90), one hundred eighty (180) and
three hundred sixty (360) degree applications. High-Efficiency Variable Arc Nozzles
(HE-VAN) are acceptable only in odd shaped areas where ninety (90), one hundred
eighty (180) and three hundred sixty (360) are not applicable.
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• Nozzles for rotors shall be selected to achieve an approximate uniform precipitation
rate throughout the zone.
• All sprayheads and rotors shall be equipped with check valves. Sprayheads shall also
have pressure-regulating stems.
(VI) Pressure-compensating emitters shall be used for drip irrigation. For sloped areas, a
check valve shall be installed, and the drip line shall be parallel to the slope.
(VII) Remote control valves shall have flow control.
(VIII) A backflow prevention assembly shall be installed in accordance with local codes. All
backflow assemblies shall be equipped with adequately sized winterization ports
downstream of the backflow assembly.
(IX) Properties with single or combined point of connection flows of two hundred (200) gpm
or greater shall have a control system capable of providing real-time flow monitoring
and the ability to shut down the system in the event of a high-flow condition.
(c) Sleeving.
(I) Separate sleeves shall be installed beneath paved areas to route each run of irrigation
pipe or wiring bundle. The diameter of sleeving shall be twice that of the pipe or wiring
bundle.
(II) The sleeving material beneath sidewalks, drives and streets shall be PVC Class 200 pipe
with solvent welded joints.
(d) Water Pressure.
(I) The irrigation system designer shall verify the existing available water pressure.
(II) The irrigation system shall be designed such that the point-of-connection design
pressure, minus the possible system pressure losses, is greater than or equal to the
design sprinkler operating pressure.
(III) All pop-up spray sprinkler bodies equipped with spray nozzles shall operate at no less
than twenty (20) psi and no more than thirty (30) psi.
(IV) All rotary sprinklers and multi-stream rotary nozzles on pop-up spray bodies shall
operate at the manufacturer's specified optimum performance pressure.
(V) If the operating pressure exceeds the manufacturer's specified maximum operating
pressure for any sprinkler body, pressure shall be regulated at the zone valve or
sprinkler heads.
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(VI) Booster pumps shall be installed on systems where supply pressure does not meet the
manufacturer's minimum recommended operating pressure for efficient water
distribution.
(e) Sprinkler Performance Audit.
(I) A sprinkler performance audit shall be performed by a landscape irrigation auditor who
is independent of the installation contractor, and who is certified by the Irrigation
Association (a nonprofit industry organization dedicated to promoting efficient
irrigation). Sprinkler systems that are designed and installed without turf areas are
exempt from this requirement.
(II) The audit shall include measurement of distribution uniformity. Minimum acceptable
distribution uniformities shall be sixty (60) percent for spray head zones and seventy
(70) percent for rotor zones. Sprinkler heads equipped with multi-stream rotary nozzles
are considered rotors.
(III) Audit results below the minimum acceptable distribution uniformity as set for the
subsection (e)(II) above require adjustments and/or repairs to the irrigation system.
These corrections will be noted on the irrigation as-builts and the test area re-audited
until acceptable efficiency/results.
(IV) The audit shall measure the operating pressure for one (1) sprinkler on each zone to
determine whether the zone meets the above pressure requirements.
(V) A copy of the sprinkler performance audit shall be submitted to and approved by the
City before issuance of a certificate of occupancy.
(K) Utilities and Traffic. Landscape, utility and traffic plans shall be coordinated. The following list sets forth
minimum dimension requirements for the most common tree/utility and traffic control device separations.
Exceptions to these requirements may occur where utilities or traffic control devices are not located in their
standard designated locations, as approved by the Director. Tree/utility and traffic control device
separations shall not be used as a means of avoiding the planting of required street trees.
(1) Forty (40) feet between shade trees and streetlights. Fifteen (15) feet between ornamental trees and
streetlights. (See Figure 3.)
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(a) Figure 3 – Tree/Streetlight Separations:
(2) Twenty (20) feet between shade and/or ornamental trees and traffic control signs and devices.
(3) Ten (10) feet between trees and water or sewer mains.
(4) Six (6) feet between trees and water or sewer service lines.
(5) Four (4) feet between trees and gas lines.
(6) Street trees on local streets planted within the eight-foot-wide utility easement may conflict with
utilities. Additional conduit may be required to protect underground electric lines.
(L) Visual Clearance or Sight Distance Triangle. Except as provided in subparagraphs (1) and (2) below, a
visual clearance triangle, free of any structures or landscape elements over twenty-four (24) inches in
height, shall be maintained at street intersections and driveways in conformance with the standards
contained in the Larimer County Urban Area Street Standards.
(1) Fences shall not exceed forty-two (42) inches in height and shall be of an open design.
(2) Deciduous trees may be permitted to encroach into the clearance triangle provided that the lowest
branch of any such tree shall be at least six (6) feet from grade.
(M) Revegetation. When the development causes any disturbance within any natural area buffer zone,
revegetation shall occur as required in paragraph 5.6.1(E)(2) (Development Activities Within the Buffer
Zone) and subsection 5.10.1(F) (Tree Preservation and Mitigation).
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(N) Alternative Compliance. Upon request by an applicant, the decision maker may approve an alternative
landscape and tree protection plan that may be substituted in whole or in part for a landscape plan
meeting the standards of this Section.
(1) Procedure. Alternative landscape plans shall be prepared and submitted in accordance with submittal
requirements for landscape plans. Each such plan shall clearly identify and discuss the modifications and
alternatives proposed and the ways in which the plan will better accomplish the purposes of this Section
than would a plan which complies with the standards of this Section.
(2) Review Criteria. To approve an alternative plan, the decision maker must find that the proposed
alternative plan accomplishes the purposes of this Section equally well or better than would a plan
which complies with the standards of this Section.
(3) In reviewing the proposed alternative plan for purposes of determining whether it accomplishes the
purposes of this Section as required above, the decision maker shall take into account whether the
alternative accomplishes the functions listed in Subsection (C)(1) through (7) and Subsection (H) of this
Section and demonstrates innovative design and use of plant materials and other landscape elements.
(O) Soil Amendments. For any development project, prior to installation of any plant materials, including but
not limited to grass, seed, flowers, shrubs or trees, the soil in the area to be planted shall be loosened and
amended in a manner consistent with the requirements of City Code Section 12-132(a), regardless of
whether a building permit is required for the specific lot, tract or parcel in which the area is located. A
certification consistent with the requirements of City Code Section 12-132(b) shall be required for the area
to be planted. This requirement may be temporarily suspended or waived for the reasons and in the
manner set forth in City Code Sections 12-132(c) and (d).
(A) Applicability. These standards apply only to applications that include residential uses proposed to be
located in proximity to existing industrial uses. Buffering between buildings containing occupiable space
and oil and gas facilities is addressed in section 5.10.3.
(B) Purpose. The purpose of this Section is to provide standards to separate residential land uses from existing
industrial uses in order to eliminate or minimize potential nuisances such as dirt, litter, noise, glare of lights
and unsightly buildings or parking areas, or to provide spacing to reduce adverse impacts of noise, odor, air
pollutants, hazardous materials or site contamination, or danger from fires or explosions.
(C) Buffer standards. Buffer yards shall be located on the outer perimeter of a lot or parcel and may be
required along all property lines for buffering purposes and shall meet the standards as provided in this
Section.
(1) Only those structures used for buffering and/or screening purposes shall be located within a buffer
yard. The buffer yard shall not include any paved area, except for pedestrian sidewalks or paths or
vehicular access drives which may intersect the buffer yard at a point which is perpendicular to the
buffer yard and which shall be the minimum width necessary to provide vehicular or pedestrian
access. Fencing and/or walls used for buffer yard purposes shall be solid, with at least seventy-five
(75) percent opacity.
(2) There are four (4) types of buffer yards which are established according to land use intensity as
described in Chart 1 below. Buffer yard distances are established in Chart 2 below and specify
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deciduous or coniferous plants required per one hundred (100) linear feet along the affected property
line, on an average basis.
(3) The buffer yard requirements shall not apply to temporary or seasonal uses or to properties that are
separated by a major collector street, arterial street, or highway.
Land Use Intensity Category Buffer Yard
Airports/airstrips Very High C
Composting facilities High B
Dry cleaning plants Very High C
Feedlots Very High C
Heavy industrial uses Very High C
Light industrial uses High B
Junkyards High B
Outdoor storage facilities High B
Recreation vehicle, boat, truck storage Medium A
Recycling facilities High B
Agricultural research laboratories High B
Resource extraction Very High C
Transportation terminals (truck, container storage) High B
Warehouse & distribution facilities High B
Workshops and custom small industry Medium A
Type - Base Standard (plants per 100
linear feet along affected property line)*
Option Width Plant
Multiplier**
Option: Add
6' Wall
Option: Add 3'
Berm or 6' Fence
20 feet .90
3 Shade Trees 25 feet .80
2 Ornamental Trees or Type 2 Shrubs*** 30 feet .70 .65 .80
3 Evergreen Trees 35 feet .60
15 Shrubs (33% Type 1, 67% Type 2) 40 feet .50
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Buffer Yard B: 15 feet 1.25
25 feet .90
4 Shade Trees 30 feet .80 .75 .85
4 Ornamental Trees or Type 2 Shrubs*** 35 feet .70
3 Evergreen Trees 40 feet .60
25 Shrubs (Type 2) 45 feet .50
25 feet 1.00
30 feet .90
5 Shade Trees 35 feet .80 .75 .85
6 Ornamental Trees or Type 2 Shrubs*** 40 feet .70
4 Evergreen Trees 45 feet .60
30 Shrubs (Type 2) 50 feet .50
* "Base standard" for each type of buffer yard is that width which has a plant multiplier.
** "Plant multipliers" are used to increase or decrease the amount of required plants based on providing a buffer
yard of reduced or greater width or by the addition of a wall, berm or fence.
*** Shrub types: Type 1: 4' - 8' High Type 2: Over 8' High.
(A) Applicability. These standards apply to all applications to construct buildings containing occupiable space and
existing buildings containing occupiable space within the oil and gas buffer of an existing oil and gas facility
regardless of whether such oil and gas facility is located within or outside of the City limits. These standards
also apply to common outdoor areas within an oil and gas buffer.
(1) Any applicant that submitted an application prior to September 29, 2023, to construct a building
containing occupiable space may construct such building within an oil and gas buffer upon satisfying all
applicable Code requirements for approval. However, any lot upon which such building is placed is subject
to the restriction described in Subsection (E)(3) and disclosures in Subsection (F).
(2) Any building containing occupiable space already constructed within an oil and gas buffer prior to
September 29, 2023, is exempt from the restriction on such building in an oil and gas buffer. However, any
lot upon which the building is placed is subject to the restriction described in Subsection (E)(3) and
disclosures in Subsection (F).
(B) Purpose. The purpose of this Section is to protect public health and safety by providing spacing and
regulating certain uses within oil and gas buffers to reduce adverse impacts of noise, odor, air pollutants, soil-
gas contaminants, groundwater contaminants, hazardous materials, or danger from fires or explosions.
(C) General Standard. Proposed development shall ensure that the risk to public health and safety is sufficiently
mitigated from all extended exposure to the main pollutants resulting from oil and gas production, including
but not limited to heavy metals, salts, oil and grease (O&G), benzene, toluene, ethylbenzene and xylene
(BTEX), total petroleum hydrocarbon (TPH), and polycyclic aromatic hydrocarbon (PAHs). Proposed
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development must ensure that any potential contaminants associated with existing oil and gas facilities and
located on the development site are within the acceptable limits of applicable local, state and federal soil-gas,
groundwater, and air quality regulations and standards, including, but not limited to, those regulating odor,
dust, fumes, or gases which are noxious, toxic or corrosive, and suspended solid or liquid particles.
(D) Oil and Gas Buffers. This Subsection establishes oil and gas buffers for different oil and gas facilities, and
applicable development standards within such buffers are set forth in Subsection (E).
(1) Oil and Gas Buffer—Well Not Abandoned. The oil and gas buffer for an oil and gas facility whose well is
not abandoned shall extend from the outer edge of the oil and gas location for two thousand (2,000) feet
in all directions. The Planning and Zoning Commission may grant a modification of standards pursuant to
Division 2.8 to reduce the two thousand (2,000) foot distance to no less than five hundred (500) feet
provided the applicant provides a Phase II Environmental Site Assessment as part of the modification
request showing that levels of oil and gas contaminants, if any, are within Federal Environmental Protection
Agency or State health department standards, whichever ensures greater public health protections. Any
approved modification shall require as a condition that the applicant annually provide a Phase II
Environmental Site Assessment for five (5) years from the issuance of a development construction permit.
Initial baseline samples and subsequent monitoring samples shall be collected within one-half (½) mile
radius of the existing well location. If the main pollutants resulting from oil and gas production described in
Subsection (C) are identified at the time of assessment, such pollutants must be remediated by the
development applicant per Federal Environmental Protection Agency or State health department
standards, whichever ensures greater public health protections.
(2) Oil and Gas Buffer—Abandoned Well, Not Reclaimed. For oil and gas facilities consisting of an abandoned
well that have not been reclaimed pursuant to Section 4.3.4(F), the oil and gas buffer shall extend five
hundred (500) feet in all directions as measured from the center of the well bore. Development plans that
include an abandoned well that has not been reclaimed must provide a Phase II Environmental Site
Assessment as part of the application showing that levels of oil and gas contaminants, if any, are within
Federal Environmental Protection Agency or State health department standards, whichever ensures greater
public health protections. The approved application shall require as a condition that the applicant annually
provide a Phase II Environmental Site Assessment for five (5) years from the issuance of a development
construction permit. Initial baseline samples and subsequent monitoring samples shall be collected within
one-half (½) mile radius of the existing well location. If the main pollutants resulting from oil and gas
production described in Subsection (C) are identified at the time of assessment, such pollutant must be
remediated by the development applicant per Federal Environmental Protection Agency or State health
department standards, whichever ensures greater public health protections. This buffer is not subject to the
modification of standards process.
(3) Oil and Gas Buffer—Abandoned Well, Reclaimed. For oil and gas facilities consisting of abandoned wells
that have been reclaimed pursuant to Section 4.3.4(F), the oil and gas buffer shall extend one hundred and
fifty (150) feet in all directions as measured from the center of the well bore. Development plans that
include an abandoned well that has been reclaimed must provide a Phase II Environmental Site Assessment
as part of the application and a second Phase II Environmental Site Assessment must be provided five (5)
years after a Development Construction Permit is issued. If the main pollutants resulting from oil and gas
production described in Subsection (C) are identified at the time of assessment, such pollutants must be
remediated by the development applicant per Federal Environmental Protection Agency or State health
department standards, whichever ensures greater public health protections. This buffer is not subject to the
modification of standards process.
(E) Oil and Gas Buffer Standards.
(1) Except as stated in (E)(3) below, no portion of a building that contains occupiable space may be located
within an oil and gas buffer.
(2) After September 29, 2023, permanent playgrounds, play structures, recreational fields, or permanent
community gathering spaces may not be placed within any portion of a homeowner's association owned or
maintained common area located within an oil and gas buffer.
(3) Exceptions to Restriction on Buildings Containing Occupiable Space Within an Oil and Gas Buffer.
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(a) Any applicant that submitted an application prior to September 29, 2023, to construct a building
containing occupiable space may construct such building within an oil and gas buffer upon
satisfying all applicable Code requirements for approval. However, no additional building containing
occupiable space for which an application was submitted after September 29, 2023, may be
constructed on any portion of the same lot located within an oil and gas buffer.
(b) Any building containing occupiable space already constructed within an oil and gas buffer prior to
September 29, 2023, is exempt from the restriction on such building within an oil and gas buffer.
However, no additional building containing occupiable space for which an application was
submitted after September 29, 2023, may be constructed on any portion of the same lot located
within an oil and gas buffer.
(F) Disclosure. The following disclosure requirements shall apply to any real property upon which a building
containing occupiable space is or may be located within any oil and gas buffer described in Subsection (D):
(1) At such time as the real property to be developed is platted or replatted, the plat shall show the oil and gas
buffer on the property and shall contain a note informing subsequent property owners that certain lots
shown on the plat are within an oil and gas buffer.
(2) For residential developments requiring a declaration pursuant to the Colorado Common Interest Ownership
Act, a statement shall be included in such declaration specifying the lots within an oil and gas buffer upon
which buildings containing occupiable space may be constructed. The approved plat for such development
shall be attached to the recorded declaration. Where no such declaration is required, the property owner
shall record a statement on the property where the dwelling is located indicating that such property is
located within an oil and gas buffer.
(3) Sellers and lessors of any real property within an oil and gas buffer must provide the following written
notice of material facts related to oil and gas facilities identified by environmental site assessments the
disclosure notice must be provided in at least fourteen (14) point font to any potential purchaser who
intends to resell, occupy and/or lease the property prior to or as part of the purchase or rental agreement:
As required by 5.10.3 of the Fort Collins Land Use Code, notice is hereby given that [insert description
of lot] is within [insert buffer standard set forth in Subsection (D) including well status and distance
from well]. At the time of [sale or lease], environmental assessments, studies or reports done
involving the physical condition of the Property impacted by oil and gas production are within the
acceptable Environmental Protection Agency limits. For more information contact the City of Fort
Collins Environmental Planner or the Energy and Colorado Carbon Management Commission formerly
known as the Colorado Oil and Gas Conservation Commission.
The above notice shall be provided by the prospective seller or lessor to the prospective buyer or lessee
of real property no less than thirty (30) days before closing or such shorter time period agreed to by the
parties and shall be provided before the signing of any purchase, sale, or rental agreement for the subject
property
DIVISION 5.1 1 TRASH AND RECYCLING ENCLOSURES
5.11.1 TRASH AND RECYCLING ENCLOSURES
(A) Purpose. The purpose of this standard is to ensure the provision of areas, compatible with surrounding
land uses, for the collection, separation, storage, loading and pickup of trash, waste cooking oil,
compostable and recyclable materials. This standard is supplemented by the Enclosure Design
Considerations and Guidance Document issued by the Director and available from the Department.
(B) Applicability. The following developments must provide adequately sized, conveniently located, and easily
accessible areas to accommodate the specific trash, compostable and recyclable materials and waste
cooking oil needs of the proposed use and future uses that are likely to occupy the development:
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(1) New commercial structures;
(2) New residential structures using a common collection system for waste disposal;
(3) Commercial structures that are proposed to be enlarged by more than twenty-five (25) percent;
(4) Residential structures using a common collection system for waste disposal that are proposed to be
enlarged by more than twenty-five (25) percent;
(5) Commercial structures where a change of use is proposed; and
(6) All newly constructed enclosures.
(C) General Standards.
(1) Areas for the collection and storage of trash, waste cooking oil, and compostable, recyclable and other
materials (linen service containers, returnable crates and pallets, and other similar containers) must be
enclosed so that they are screened from public view. Enclosures must be constructed of durable
materials such as masonry and shall be compatible with the structure to which it is associated.
(2) Areas for the collection and storage of trash, waste cooking oil, and compostable, recyclable and other
materials must be adequate in size, number and location to readily serve the reasonably anticipated
needs of the development's occupants.
(3) Development plans must include labeled drawings of all proposed enclosures, internal trash and
recycling rooms, staging areas and the like and include all proposed dumpsters, containers, bins and
other receptacles and label the capacity of each. Proposed recycling capacity must be at least fifty (50)
percent of the proposed trash capacity.
(4) To provide equal access for trash, compostable and recyclable materials, space allotted for the collection
and storage of compostable/recyclable materials must be adequate in size and provided everywhere
space for trash is provided in a functional manner.
(5) Areas for the collection and storage of trash, waste cooking oil, and compostable, recyclable and other
materials must be designed to allow walk-in access for pedestrians separate from the service opening
that is at least thirty-two (32) inches wide and provides unobstructed and convenient access to all
dumpsters, containers, bins, and other receptacles. Where possible, pedestrian entrances are
encouraged to provide door-less entry unless reasonable circumstances (preventing illicit
activities/usage, regulated waste streams, and the like) are demonstrated that would necessitate doors.
If doors are used, they must provide safe and efficient access.
(6) Areas for the collection and storage of trash, waste cooking oil, and compostable, recyclable and other
materials must provide a service opening that is at least ten (10) feet for haulers to efficiently maneuver
dumpsters, containers, bins and other receptacles unless an alternative and functional method is
demonstrated on the plan. Enclosures must provide service gates unless an alternative and functional
method is demonstrated on the plans that adequately screen the enclosure from view. Service gates
must be constructed of metal or other comparable durable material, and must be finished to
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complement the enclosure. Service gates must be free of obstructions that would prevent them from
opening fully, must have a method to be secured by hardware in both closed and fully open positions,
and must be properly maintained so they may be operated easily and smoothly.
(7) Areas for the collection and storage of trash, waste cooking oil, and compostable, recyclable and other
materials, must include bollards, angle-iron, curbing, metal framing or other effective method to protect
the interior walls of the enclosure from being damaged by dumpsters, containers, bins, and other
receptacles.
(8) Areas for the collection and storage of trash, waste cooking oil, and compostable, recyclable and other
materials must be designed to provide adequate, safe and efficient accessibility for haulers and service
vehicles, including but not limited to front-load, rear-load, side-load, and roll off trucks and trucks used
to pump waste cooking oil. Development plans must label the route the hauler will take to service the
development and must comply with necessary turning radii, width, and height restrictions for the type
of collection vehicles that will service the development.
(9) To ensure wheeled service dumpsters, containers, bins and other receptacles can be rolled smoothly and
to prevent damage to the surfaces they will be wheeled over, enclosures must be situated on a service
pad that extends beyond the service gates at their fully open position at least the width of the widest
proposed dumpster, container, bin and other receptacles plus an additional two (2) feet. If the truck
access point is separated from the storage location, a serviceable route that is free of obstructions must
be provided and shall not exceed a maximum grade of five (5) percent in the direction of travel and two
(2) percent cross slope. Areas for the collection and storage of trash, waste cooking oil, and
compostable, recyclable and other materials, service pads and serviceable routes must be constructed
of cement concrete. For offsite conditions such as existing public alleyways, this standard will only apply
to the extent reasonably feasible.
(10) To provide equal access to trash and recyclable materials, multi-story buildings utilizing trash chutes
must include a recycling chute of the same size or larger than the trash chute. Anywhere a trash chute is
provided a recycling chute must also be provided adjacent to it. Chutes must be appropriately labeled
"Landfill" and "Recycle" as appropriate.
(11) Where proposed uses and future uses that are likely to occupy the development will generate waste
cooking oil, internal waste cooking oil collection systems are encouraged. All areas used to store waste
cooking oil must include measures to prevent spills and contamination of the stormwater system. Waste
cooking oil containers must be secured in place, enclosed separately, or separated from other
containers with bollards or another physical barrier. To prevent rain water from carrying residual waste
cooking oil into the stormwater system, all areas used to store waste cooking oil must include a roof
unless an alternative and functional method is demonstrated on the plans.
DIVISION 5.12 EXTERIOR SITE LIGHTING
5.12.1 EXTERIOR SITE LIGHTING
(A) Purpose. The purpose of this Section is to ensure adequate exterior lighting for the safety, security,
enjoyment and function of the proposed land use; conserve energy and resources; reduce light trespass,
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glare, artificial night glow, and obtrusive light; protect the local natural ecosystem from damaging effects
of artificial lighting; and encourage quality lighting design and fixtures.
(B) General Standard. All development that includes proposed artificial outdoor lighting, except for
development on single-unit detached residential lots, single-unit attached residential lots, and two-unit
dwelling residential lots for which an application is submitted after March 26, 2021, subject to below
Subsection 5.12.1(D), shall submit for review and approval a proposed lighting plan that complies with the
standards in this Section and meets the functional needs of the proposed land use without adversely
affecting adjacent properties or the community.
(C) Design Standards. The lighting plan shall meet the following requirements and all other applicable
requirements set forth in this Section:
(1) Provide a comprehensive plan that clearly calculates the lumens of all exterior lighting being proposed
and demonstrates compliance with impacts to adjacent properties, as outlined in subsections (I) and (J)
below.
(2) Design different use areas considering nighttime safety, utility, security, enjoyment, and commerce.
(3) Reinforce and extend the style and character of the architecture and land use proposed within the site.
(4) Demonstrate no light trespass onto Natural Areas, Natural Habitat Buffer Zones or River Landscape
Buffers as defined in Section 5.6.1(E).
(5) All lighting shall have a nominal correlated color temperature (CCT) of no greater than 3000 Kelvin.
Consider high color fidelity lamps relative to the lighting application.
(6) Light poles shall be anodized (or otherwise coated) to minimize glare from the light source.
(D) Existing Lighting. Existing lighting shall mean lighting installed or approved prior to March 26, 2021.
(1) The addition of three (3) or more new fixtures in excess of the existing number of fixtures, updating or
replacement of three (3) or more existing fixtures, or the updating or replacement of between ten (10)
and fifty (50) percent of the existing fixtures requires an approved minor amendment pursuant to
Section 6.3.10. Such minor amendment review is limited to meeting Section 5.12(A), Purpose, Section
5.12.1(C), Design Standards, and Section 5.12.1(I), Limits of Offsite Impacts.
(2) The addition of less than three (3) new fixtures in excess of the existing number of fixtures, updating or
replacement of less than three (3) existing fixtures, or the update or the replacement of less than ten
(10) percent of the existing fixtures requires Director review and approval. The review shall be limited to
meeting Section 5.12.1(A), Purpose, Section 5.12.1(C), Design Standards, and Section 5.12.1(I), Limits to
Offsite Impacts. The Director may impose conditions of approval to ensure lighting meets the purpose
and intent of code requirements. The applicant may appeal the Director's decision in the same manner
as a basic development review or minor subdivision decision as set forth in Land Use Code Section
6.3.12(C).
(3) Should the addition of fixtures in excess of the existing number of fixtures or update or replacement of
existing fixtures occur incrementally, and the cumulative changes exceed three (3) new fixtures or
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replacement of between ten (10) and fifty (50) percent of the existing fixtures, whichever is greater,
within a ten (10) year period, the addition or update that exceeds such threshold must be approved
through a minor amendment pursuant to Section 6.3.10. Such minor amendment will review the
cumulative changes or updates and be limited to meeting Section 5.12.1(A), Purpose, Section 5.12.1(C),
Design Standards, and Section 5.12.1(I), Limits to Offsite Impacts.
(4) Applicants for minor amendments and changes of use pursuant to Land Use Code Section 6.3.10(A) that
result in the replacement or upgrade of fifty (50) percent or more of the existing outdoor lighting
fixtures at one time or incrementally within a ten (10) year period shall submit a lighting plan for the
entire development site that meets the requirements of this Section and, if necessary to meet such
requirements, complete a site lighting retrofit of the entire development site.
(5) Applicants for major amendments and changes of use pursuant to 6.3.10(B) shall submit a lighting plan
for the entire development site that meets the requirements of this Section and, if necessary to meet
such requirements, complete a site lighting retrofit for the entire development site.
(E) Conformance with All Applicable Codes. All outdoor lighting shall be installed in conformance with this
Section 5.12.1 and applicable sections of Chapter 5 of the Code of the City of Fort Collins.
(F) Exceptions. The following are not subject to the requirements set forth in this Section:
(1) Temporary lighting for construction sites, special events, holidays, and other events requiring lighting.
(2) Festoon lights installed for less than thirty (30) consecutive days.
(3) Lighting within the public right-of-way. Such lighting is regulated under the Larimer County Urban Area
Street Standards.
(4) Lighting for single-unit residential housing and duplexes. Such lighting is regulated by the adopted
building codes and amendments.
(G) Prohibited Lighting. The following lighting is prohibited:
(1) Site lighting that may be confused with warning, emergency or traffic signals; and
(2) Mercury vapor lamps.
(H) Lighting Context Areas. The applicable Lighting Context Area shall determine the limitations for exterior
artificial lighting. The Lighting Context Areas are described as follows:
(1) LC0 - No ambient lighting. Areas where the natural environment will be seriously and adversely affected
by lighting. Impacts include disturbing the biological cycles of flora and fauna and/or detracting from
human enjoyment and appreciation of the natural nighttime environment. The vision of human residents
and users is adapted to the darkness, and they expect to see little or no lighting.
(2) LC1 - Low ambient lighting. The vision of human residents and users is adapted to low light levels.
Lighting may be used for safety and convenience, but it is not necessarily uniform or continuous. Typical
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locations include low and medium density residential areas, commercial or industrial areas with limited
nighttime activity, and the developed areas in parks and other natural settings.
(3) LC2 - Moderate ambient lighting. Areas of human activity where the vision of human residents and users
is adapted to moderate light levels. Lighting may typically be used for safety and convenience, but it is
not necessarily uniform or continuous. Typical locations include high density residential areas, shopping
and commercial districts, industrial parks and districts, City playfields and major institutional uses, and
mixed-use districts.
(4) LC3 - Moderately high ambient lighting. Lighting is generally desired for safety, security, convenience,
and unique site conditions. Lighting is often uniform and/or continuous. Typical locations include select
areas in the Downtown Zone District and 24-hour emergency medical sites.
(5) Lighting Context Areas generally correspond to zone districts as provided in Table 5.12.1-1, Lighting
Context Area, although the assigned Lighting Context Area may vary from Table 5.12.1-1 if necessary to
accomplish the purposes and intent of this Section 5.12.1. The location of the Lighting Context Areas are
shown on the "Lighting Context Area Map" on file at the City Clerk's office.
(I) Limits to Off-Site Impacts. All luminaires shall be rated and installed according to Table 5.12.1-2, Table
5.12.1-3, and Table 5.12.1-4, which outline maximum BUG (Backlight-Uplight-Glare) ratings (see Figure B
below) for all individual luminaires installed in a given Lighting Context Area. Luminaires equipped with
adjustable mounting devices shall not be permitted unless the total lumen output is one hundred fifty (150)
lumens or less.
(1) For property boundaries that abut public rights-of-way, private streets, private drives, public alleys, and
public and private parking lots, the backlight rating, glare rating and illuminance values provided in
Tables 5.12.1-2, 5.12.1-4 and 5.12.1-5 respectively, shall be measured ten (10) feet from the property
boundary. For all other property boundaries, values shall be measured at the property boundary.
(2) For tables 5.12.1-2 and 5.12.1-4 below, to be considered ideally oriented, the luminaire must be mounted
with the backlight portion of the light output oriented perpendicular to and towards the property line of
concern (see Figure A below).
(3) Figure A. Ideally Oriented Luminaire and Mounting Conditions.
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(4) Figure B. Backlight, Uplight and Glare.
(5) Table 5.12.1-2 Maximum Allowable Backlight Ratings.
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Greater than 2
mounting heights
from the property
line or not ideally
(6) Table 5.12.1-3 Maximum Allowable Uplight Ratings.
(7) Table 5.12.1-4 Maximum Allowable Glare Ratings.
ideally
.
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line and not ideally
oriented.
Less than 0.5
mounting heights
from the property.
(8) Light Trespass Limitations. The illuminance levels provided in Table 5.12.1-4 shall be used for
enforcement, should concerns of obtrusive lighting or question of compliance arise. Lighting plans shall
show horizontal illuminance along all lot lines with calculation points spaced no further than ten (10)
feet apart. This provision shall apply to all exterior lighting.
(9) Maximum Horizontal Illuminance.
Lighting Context Area Maximum Horizontal Illuminance
Natural Habitat Buffer Zones and
River District Landscape
Buffers
0.0
LC0 0.0
LC1 0.1
LC2 0.3
LC3 0.8
(J) Site lumen limit. The total installed initial luminaire lumens of all outdoor lighting shall not exceed the total
site lumen limit. The total site lumen shall be determined using either the Parking Space Method (Tables
5.12.1-5) or the Hardscape Area Method (Tables 5.12.1-6). Only one method shall be used per permit
application and the applicable method shall be determined by the applicant. For sites with existing lighting,
existing lighting shall be included in the calculation of total installed lumens. The total installed initial
luminaire lumens are calculated as the sum of the initial luminaire lumens for all luminaires. Sign lighting
shall be exempt from the calculation of total installed lumens.
(1) Table 5.12.1-6 Allowed Total Initial Luminaire Lumens per Site for Non-Residential Outdoor Lighting,
per Parking Space Method.
Table 5.12.1-6Allowed Total Initial Luminaire Lumens per Site for Non-Residential Outdoor Lighting, per
Parking Space Method.
May only be applied to properties up to ten parking spaces (including handicapped accessible spaces).
LC0 LC1 LC2 LC3
350 lumens per space 490 lumens per space 630 lumens per space 840 lumens per space
(2) Table 5.12.1-7Allowed Total Initial Lumens per Site for Non-Residential Outdoor Lighting, Hardscape
Area Method.
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LC0 LC1 LC2 LC3
Base Allowance 0.5 lumens per
square foot of
hardscape.
1.25 lumens per
square foot of
hardscape.
2.5 lumens per
square foot of
hardscape.
5 lumens per square
foot of hardscape.
foot. foot.
-sales areas. To
0.5 mounting
foot. foot. foot.
foot. foot. foot.
-sided
pump. pump. pump.
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(K) Athletic and Recreational Fields. The lighting for athletic and recreational fields are exempted from the
lumen, BUG and color temperature requirements in this section and shall meet the following requirements:
(1) Lighting shall have a nominal correlated color temperature (CCT) of no greater than 5700 Kelvin.
(2) Off-site impacts shall be limited to the maximum extent practical.
(3) Lighting controls shall provide the following functions:
(I) Lighting shall be dimmable to ten (10) percent to adjust illuminance levels for relative
activity (maintenance vs active play).
(II) Local or remote manual control with at least two (2) preset illuminance levels.
(III) Lights shall be automatically extinguished by one (1) hour after the end of play.
(IV) Field lighting aimed upward shall be controlled separately from downward-directed field
lighting.
(L) Alternative Compliance. Upon request by an applicant, the decision maker may approve an alternative
lighting plan that may be substituted in whole or in part for a plan meeting the standards of this Section.
(1) Procedure. Alternative compliance lighting plans shall be prepared and submitted in accordance with
submittal requirements for lighting plans as set forth in this Section. The plan shall clearly identify and
discuss the modifications and alternatives proposed and the ways in which the plan will better
accomplish the purpose of this Section than would a plan which complies with the standards of this
Section.
(2) Review Criteria. To approve an alternative plan, the decision maker must find that the proposed
alternative plan accomplishes the purposes of this Section equally well or better than would a lighting
plan which complies with the standards of this Section.
(3) In reviewing the proposed alternative plan, the decision maker shall consider the extent to which the
proposed design meets the functional safety and security needs, protects natural areas from light
intrusion, enhances neighborhood continuity and connectivity, fosters nonvehicular access, and
demonstrates innovative design and use of fixtures or other elements.
DIVISION 5.13 YARDS AND SETBACKS
5.13.1 YARDS
All developments shall meet the following yard requirements unless otherwise specified in this Code:
(A) Cornices, eaves or similar architectural features may extend into a required yard not more than three (3)
feet. Fire escapes may extend into a required rear yard not more than six (6) feet.
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(B) No part of a yard required for a building for the purpose of complying with the provisions of this Code shall
be included as a yard for another building.
(C) Solar energy devices, including but not limited 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.
(A) Features Allowed Within Setbacks. The following structures and features may be located within required
setbacks:
(1) trees, shrubbery or other features of natural growth;
(2) fences or walls, subject to permit approval, that do not exceed the standards established in Section
4.3.5(H);
(3) driveways and sidewalks;
(4) signs, if permitted by the sign regulations of this Land Use Code;
(5) bay windows and similar sized cantilevered floor areas, and architectural design embellishments of
dwellings that do not project more than two (2) feet into the required setback, basement egress
windows including the foundation that forms the window well, as long as the window foundation does
not exceed the elevation or height of the house foundation, provided none of the foregoing elements
shall encroach upon any public easements;
(6) eaves that do not project more than two and one-half (2½) feet into the required setback;
(7) open outside stairways, entrance hoods, terraces, canopies and balconies that do not project more than
five (5) feet into a required front or rear setback and/or not more than two (2) feet into a required side
setback, provided they do not encroach on public easements;
(8) chimneys, flues and residential ventilating ducts that do not project more than two (2) feet into a
required setback and when placed so as not to obstruct light and ventilation, provided they do not
encroach on public easements;
(9) utility lines, wires and associated structures, such as power poles; and
(10) decks which are not more than thirty (30) inches above ground.
(B) Contextual Setbacks. Regardless of the minimum front setback requirement imposed by the zone district
standards of this Land Use Code, applicants shall be allowed to use a "contextual" front setback. A
"contextual" front setback may fall at any point between the front setback required in the zone district and
the front setback that exists on a lot that abuts, and is oriented to, the same street as the subject lot. If the
subject lot is a corner lot, the "contextual" setback may fall at any point between the zone district required
front setback and the front setback that exists on the lot that is abutting and oriented to the same street as
the subject lot. If lots on either side of the subject lot are vacant, the setback shall be interpreted as the
minimum required front setback that applies to the vacant lot. This provision shall not be construed as
requiring a greater front setback than that imposed by the underlying zone district, and it shall not be
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construed as allowing setbacks to be reduced to a level that results in right-of-way widths below
established minimums.
(C) Front Setbacks on Corner Lots. In the case of corner lots, only one (1) street line shall be considered as a
front line, and the street to which the primary entrance of the principal building faces or to which the
building is addressed shall be considered the front line for purposes of determining the front setback.
(D) Setbacks Reduced for Public Purpose. When an existing setback is reduced as a result of conveyance for
a public use and the remaining setback is at least seventy-five (75) percent of the required minimum
setback for the district in which it is located, then that remaining setback shall be deemed to be in
compliance with the minimum setback standards of this Land Use Code.
DIVISION 5.14 RESERVED
DIVISION 5.15 BUILDING STANDARDS
5.15.1 BUILDING AND PROJECT COMPATIBILTY
(A) Purpose. The purpose of this Section is to ensure that the physical and operational characteristics of
proposed buildings and uses are compatible when considered within the context of the surrounding area.
They should be read in conjunction with the more specific building standards contained in this Division and
5.3 and the zone district standards contained in Articles 2 and 4. All criteria and regulations contained in
this Section that pertain to "developments," "the development plan," "buildings" and other similar terms
shall be read to include the application of said criteria and regulations to any determination made by the
decision maker of Section 6.9.1 for the purpose of evaluating the authorization of an additional use.
(B) General Standard. New developments in or adjacent to existing developed areas shall be compatible with
the established architectural character of such areas by using a design that is complementary. In areas
where the existing architectural character is not definitively established or is not consistent with the
purposes of this Code, the architecture of new development shall set an enhanced standard of quality for
future projects or redevelopment in the area. Compatibility shall be achieved through techniques such as
the repetition of roof lines, the use of similar proportions in building mass and outdoor spaces, similar
relationships to the street, similar window and door patterns and/or the use of building materials that have
color shades and textures similar to those existing in the immediate area of the proposed infill
development. Brick and stone masonry shall be considered compatible with wood framing and other
materials. Architectural compatibility (including, without limitation, building height) shall be derived from
the neighboring context.
(C) Building Size, Height, Bulk, Mass, Scale. Buildings shall either be similar in size and height, or, if larger, be
articulated and subdivided into massing that is proportional to the mass and scale of other structures, if
any, on the same block face, abutting or adjacent to the subject property, opposing block face or cater-
corner block face at the nearest intersection. (See Figures 7a and 7b.)
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(1) Figure 7a –
(2) Figure 7b – Infill Buildings
(3) New buildings in historic districts should reflect the historic character of the neighborhood through
repetition of roof lines, patterns of door and window placement, and the use of characteristic entry
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features. These buildings are also subject to Chapter 14 of the City Code and Secretary of the Interior
Standards as adopted by the City.
(D) Privacy Considerations. Elements of the development plan shall be arranged to maximize the opportunity
for privacy by the residents of the project and minimize infringement on the privacy of adjoining land uses.
Additionally, the development plan shall create opportunities for interactions among neighbors without
sacrificing privacy or security. (See Figure 8.)
(a) Figure 8 Privacy Considerations
(E) Building Materials.
(1) General. Building materials shall either be similar to the materials already being used in the
neighborhood or, if dissimilar materials are being proposed, other characteristics such as scale and
proportions, form, architectural detailing, color and texture, shall be utilized to ensure that enough
similarity exists for the building to be compatible, despite the differences in materials.
(2) Glare. Building materials shall not create excessive glare. If highly reflective building materials are
proposed, such as aluminum, unpainted metal and reflective glass, the potential for glare from such
materials will be evaluated to determine whether the glare would create a significant adverse impact on
the adjacent property owners, neighborhood or community in terms of vehicular safety, outdoor
activities and enjoyment of views. If so, such materials shall not be permitted.
(3) Windows.
(a) Mirror glass with a reflectivity or opacity of greater than sixty (60) percent is prohibited.
(b) Clear glass shall be used for commercial storefront display windows and doors.
(c) Windows shall be individually defined with detail elements such as frames, sills and lintels, and
placed to visually establish and define the building stories and establish human scale and proportion.
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(F) Building Color. Color shades shall be used to facilitate blending into the neighborhood and unifying the
development. The color shades of building materials shall draw from the range of color shades that already
exist on the block or in the adjacent neighborhood.
(G) Building Height Review.
(1) Special Height Review/Modifications. Purpose. The purpose of this Section is to establish a special
process to review buildings or structures that exceed forty (40) feet in height. This section is not
intended to supersede the requirements of Chapter 14 of City Code. Its intent is to encourage creativity
and diversity of architecture and site design within a context of harmonious neighborhood planning and
coherent environmental design, to protect access to sunlight, to preserve desirable views and to define
and reinforce downtown and designated activity centers. All buildings or structures in excess of forty
(40) feet in height shall be subject to special review pursuant to this subsection (G).
(a) Review Standards. If any building or structure is proposed to be greater than forty (40) feet in
height above grade, the building or structure must meet the following special review criteria:
(I) Light and Shadow. Buildings or structures greater than forty (40) feet in height shall be
designed so as not to have a substantial adverse impact on the distribution of natural
and artificial light on adjacent public and private property. Adverse impacts include, but
are not limited to, casting shadows on adjacent property sufficient to preclude the
functional use of solar energy technology, creating glare such as reflecting sunlight or
artificial lighting at night, contributing to the accumulation of snow and ice during the
winter on adjacent property and shading of windows or gardens for more than three (3)
months of the year. Techniques to reduce the shadow impacts of a building may include,
but are not limited to, repositioning of a structure on the lot, increasing the setbacks,
reducing building mass or redesigning a building shape.
(II) Privacy. Development plans with buildings or structures greater than forty (40) feet in
height shall be designed to address privacy impacts on adjacent property by providing
landscaping, fencing, open space, window size, window height and window placement,
orientation of balconies, and orientation of buildings away from adjacent residential
development, or other effective techniques.
(III) Neighborhood Scale. Buildings or structures greater than forty (40) feet in height shall
be compatible with the scale of the neighborhoods in which they are situated in terms of
relative height, height to mass, length to mass and building or structure scale to human
scale.
(b) Submittal Requirements. All development plans proposing building or structure heights in excess of
forty (40) feet shall, at a minimum, include the following information:
(I) a shadow analysis that indicates, on the project development site plan, the location of all
shadows cast by the building or structure (with associated dates of the year); and
(II) a summary of the key conclusions of the shadow analysis, and steps to be taken to
comply with the review standards set forth above.
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(c) Modification of Height Limits. To provide flexibility in meeting the height limits contained in Article
4 of this Code, such height limits can be either increased or decreased by the decision maker in the
development review process for the following purposes:
(I) preserving the character of existing residential neighborhoods;
(II) allowing architectural embellishments consistent with architectural style, such as peaked
roof sections, corner turrets, belvederes or cupolas;
(III) defining and reinforcing the downtown areas the major focal point in the community;
(IV) allowing for maximum utilization of activity centers;
(V) protecting access to sunlight;
(VI) providing conscious direction to the urban form of the City through careful placement of
tall buildings or structures within activity centers;
(VII) allowing rooftop building extensions to incorporate HVAC equipment.
(H) Land Use Transition. When land uses with significantly different Building Types are proposed abutting
each other and where gradual transitions are not possible or not in the best interest of the community, the
development plan shall, to the maximum extent feasible, achieve compatibility through the provision of
buffer yards and passive open space a minimum of 20 ft. in width to enhance the separation between uses.
(I) Outdoor Storage Areas/Mechanical Equipment.
(1) No areas for outdoor storage, trash collection or compaction, loading or other such uses shall be located
within twenty (20) feet of any public street, public sidewalk or internal pedestrian way. Notwithstanding
the foregoing, areas for trash collection may be located within twenty (20) feet of an internal pedestrian
way.
(2) Loading docks, truck parking, outdoor storage (including storage containers), utility meters, HVAC and
other mechanical equipment, trash collection, trash compaction and other service functions shall be
incorporated into the overall design theme of the building and the landscape so that the architectural
design is continuous and uninterrupted by ladders, towers, fences and equipment, and no attention is
attracted to the functions by use of screening materials that are different from or inferior to the
principal materials of the building and landscape. These areas shall be located and screened so that the
visual and acoustic impacts of these functions are fully contained and out of view from adjacent
properties and public streets.
(3) Conduit, meters, vents and other equipment attached to the building or protruding from the roof shall
be painted to match surrounding building surfaces.
(4) Outside areas, used on a long-term or regular basis for inventory storage or sale, over-stock, seasonal
goods, bulk items and the like shall be located within an area that is permanently screened with walls or
fences. Materials, colors and design of screening walls or fences shall conform to those used as
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predominant materials and colors on the building. If such areas are to be covered, then the covering
shall conform to those used as predominant materials and colors on the building.
(5) Outside areas that are used on a temporary basis for the sale of seasonal inventory only shall be defined
by nonpermanent walls or fences. Such an enclosure shall not inhibit fire access to the building or
pedestrian and bicycle access to the building entrance. If chain link fencing is used, it must be vinyl-clad
or covered with a mesh material. Any such enclosure shall be removed upon the conclusion of the
seasonal sale period.
[NOTE: Subsections (4) and (5) shall not apply to temporary vendors who have been issued outdoor
vendor licenses as required by Section 15-382 of the City Code, provided that such temporary vendors
are not permitted to operate for more than sixty (60) days in any calendar year.]
(6) All rooftop mechanical equipment shall be screened from public view from both above and below by
integrating it into building and roof design to the maximum extent feasible.
(7) All satellite dishes that are greater than two (2) meters (78.74 inches) in diameter must be screened and
located as required in subsections (1) through (5) of this Section.
(J) Operational/Physical Compatibility Standards. Conditions may be imposed upon the approval of
development applications to ensure that new development will be compatible with existing neighborhoods
and uses. Such conditions may include, but need not be limited to, restrictions on or requirements for:
(1) hours of operation and deliveries;
(2) location on a site of activities that generate potential adverse impacts on adjacent uses such as noise
and glare;
(3) placement of trash receptacles;
(4) location of loading and delivery zones;
(5) light intensity and hours of full illumination;
(6) placement and illumination of outdoor vending machines; and
(7) location and number of off-street parking spaces.
(A) Purpose. These standards are intended to promote the design of an urban environment that is built to
human scale.
(B) General Standard. Mixed-use and nonresidential buildings shall provide significant architectural interest
and shall not have a single, large, dominant building mass. The street level shall be designed to comport
with a pedestrian scale in order to establish attractive street fronts and walkways. Walkways shall be
designed principally for the purpose of accommodating pedestrians and pedestrian connections while
secondarily accommodating vehicular movement. Buildings shall be designed with predominant materials,
elements, features, color range and activity areas tailored specifically to the site and its context.
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(C) Relationship of Buildings to Streets, Walkways and Parking.
(1) Orientation to a Connecting Walkway. At least one (1) main entrance of any commercial or mixed-use
building shall face and open directly onto a connecting walkway with pedestrian frontage. Any building
which has only vehicle bays and/or service doors for intermittent/infrequent nonpublic access to
equipment, storage or similar rooms (e.g., self-serve car washes and self-serve mini-storage
warehouses) shall be exempt from this standard. See Figure 10.
(a) Figure 10 – Orientation to Walkways.
(2) Orientation to Build-to Lines for Street front Buildings. See Article 7 Rules of Measurement Build-to
lines.
(D) Variation in Massing. A single, large, dominant building mass shall be avoided in new buildings and, to the
extent reasonably feasible, in development projects involving changes to the mass of existing buildings.
(1) Horizontal masses shall not exceed a height:width ratio of 1:3 without substantial variation in massing
that includes a change in height and a projecting or recessed elements.
(2) Changes in mass shall be related to entrances, the integral structure and/or the organization of interior
spaces and activities and not merely for cosmetic effect. False fronts or parapets create an insubstantial
appearance and are prohibited.
(E) Character and Image. In new buildings and, to the extent reasonably feasible, in development projects
involving changes to existing building walls, facades or awnings, the following standards shall apply:
(1) Site Specific Design. Building design shall contribute to the uniqueness of a zone district, and/or the
Fort Collins community with predominant materials, elements, features, color range and activity areas
tailored specifically to the site and its context. In the case of a multiple building development, each
individual building shall include predominant characteristics shared by all buildings in the development
so that the development forms a cohesive place within the zone district or community. A standardized
prototype design shall be modified as necessary to comply with the requirements of this subsection.
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(2) Facade Treatment. Minimum Wall Articulation. Building bays shall be a maximum of thirty (30) feet in
width. Bays shall be visually established by architectural features such as columns, ribs or pilasters, piers
and fenestration pattern. In order to add architectural interest and variety and avoid the effect of a
single, long or massive wall with no relation to human size, the following additional standards shall
apply:
(I) No wall that faces a street or connecting walkway shall have a blank, uninterrupted
length exceeding thirty (30) feet without including at least two (2) of the following:
change in plane, change in texture or masonry pattern, windows, treillage with vines, or
an equivalent element that subdivides the wall into human scale proportions;
(II) Side or rear walls that face walkways may include false windows and door openings
defined by frames, sills and lintels, or similarly proportioned modulations of the wall,
only when actual doors and windows are not feasible because of the nature of the use of
the building; and
(III) All sides of the building shall include materials and design characteristics consistent with
those on the front. Use of inferior or lesser quality materials for side or rear facades shall
be prohibited.
(3) Facades. Facades that face streets or connecting pedestrian frontage shall be subdivided and
proportioned using features such as windows, entrances, arcades, arbors, awnings, treillage with vines,
along no less than fifty (50) percent of the facade.
(4) Entrances. Primary building entrances shall be clearly defined and recessed or framed by a sheltering
element such as an awning, arcade or portico in order to provide shelter from the summer sun and
winter weather.
(5) Awnings. Awnings shall be no longer than a single storefront.
(6) Base and Top Treatments. All facades shall have:
(a) a recognizable "base" consisting of (but not limited to):
(I) thicker walls, ledges or sills;
(II) integrally textured materials such as stone or other masonry;
(III) integrally colored and patterned materials such as smooth-finished stone or tile;
(IV) lighter or darker colored materials, mullions or panels; and/or
(V) planters.
(b) a recognizable "top" consisting of (but not limited to):
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(I) cornice treatments, other than just colored "stripes" or "bands," with integrally textured
materials such as stone or other masonry or differently colored materials;
(II) sloping roof with overhangs and brackets; and/or
(III) stepped parapets.
(7) Encroachments. Special architectural features, such as bay windows, decorative roofs and entry
features may project up to three (3) feet into street rights-of-way, provided that they are not less than
nine (9) feet above the sidewalk. Trellises, canopies and fabric awnings may project up to five (5) feet
into front setbacks and public rights-of-way, provided that they are not less than eight (8) feet above
the sidewalk. No such improvements shall encroach into alley rights-of-way.
(8) Drive-through lane width limitation. No drive-through facility associated with a retail establishment or
large retail establishment shall exceed ten (10) feet in width.
(9) Illumination prohibition. Exterior-mounted exposed neon/fiber optic/ rope L.E.D. lighting, illuminated
translucent materials (except signs), illuminated striping or banding, and illuminated product displays on
appurtenant structures (e.g., fuel dispensers) shall be prohibited.
(A) Purpose. These standards are intended to ensure that large retail building development is compatible with
its surrounding area and contributes to the unique community character of Fort Collins. (For
expansions/enlargements of large retail establishments, see also Section 6.22.)
(B) General Standard. Large retail buildings shall provide a high level of architectural interest by utilizing high
quality materials and design and shall be compatible with the character of the surrounding area. Large
retail buildings shall have pedestrian and bicycle access and connectivity and shall mitigate negative
impacts. Buildings shall be designed with predominant materials, elements, features, color range and
activity areas tailored specifically to the site and its context.
(C) Land Use. All large retail establishments shall be located in a group of more than four (4) retail
establishments located in a complex which is planned, developed, owned or managed as a single unit with
off-street parking provided on the property. Indoor recreation facilities are exempt from this requirement.
(D) Development Standards.
(1) Aesthetic Character.
(a) Facades and Exterior Walls:
(I) Facades greater than one hundred (100) feet in length, measured horizontally, shall
incorporate wall plane projections or recesses having a depth of at least three (3)
percent of the length of the facade and extending at least twenty (20) percent of the
length of the facade. No uninterrupted length of any facade shall exceed one hundred
(100) horizontal feet; and
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(II) Ground floor facades that face public streets shall have arcades, display windows, entry
areas, awnings or other such features along no less than sixty (60) percent of their
horizontal length. (See Figure 11.)
(b) Small Retail Stores. Where large retail establishments contain additional, separately owned stores
that occupy less than twenty-five thousand (25,000) square feet of gross floor area, with separate,
exterior customer entrances, the street level facade of such stores shall be transparent between the
height of three (3) feet and eight (8) feet above the walkway grade for no less than sixty (60)
percent of the horizontal length of the building facade of such additional stores.
(I) Figure 11 – Building.
(c) Detail Features. Building facades must include:
(I) a repeating pattern that includes no less than three (3) of the following elements:
(i) color change;
(ii) texture change;
(iii) material module change; and
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(iv) an expression of architectural or structural bays through a change in plane no less
than twelve (12) inches in width, such as an offset, reveal or projecting rib. (See
Figure 12).
Note: At least one (I) of elements (i), (ii) or (iii) shall repeat horizontally. All elements shall
repeat at intervals of no more than thirty (30) feet, either horizontally or vertically.
(II) Figure 12 – Expression of Architectural or Structural Bay
(d) Roofs. Roofs shall have no less than two (2) of the following features:
(I) parapets concealing flat roofs and rooftop equipment such as HVAC units from public
view. The average height of such parapets shall not exceed fifteen (15) percent of the
height of the supporting wall and such parapets shall not at any point exceed one-third
(1 /3) of the height of the supporting wall. (See Figure 13.) Such parapets shall feature
three-dimensional cornice treatment;
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(II) Figure 13 – Parapet Standards
(III) overhanging eaves, extending no less than three (3) feet past the supporting walls;
(IV) sloping roofs that do not exceed the average height of the supporting walls, with an
average slope greater than or equal to one (1) foot of vertical rise for every three (3) feet
of horizontal run and less than or equal to one (1) foot of vertical rise for every one (1)
foot of horizontal run; and/or
(V) three (3) or more roof slope planes.
(e) Materials and colors.
(I) Predominant exterior building materials shall be high quality materials, including, but not
limited to, brick, sandstone, other native stone and tinted/textured concrete masonry
units.
(II) Facade colors shall be low reflectance, subtle, neutral or earth tone colors. The use of
high-intensity colors, metallic colors, black or fluorescent colors shall be prohibited.
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(III) Building trim and accent areas may feature brighter colors, including primary colors, but
neon tubing shall not be an acceptable feature for building trim or accent areas.
(IV) Exterior building materials shall not include smooth-faced concrete block, tilt-up
concrete panels or prefabricated steel panels.
(2) Entryways.
(a) Each large retail establishment on a site shall have clearly defined, highly visible customer entrances
featuring no less than three (3) of the following:
(I) canopies or porticos;
(II) overhangs;
(III) recesses/projections;
(IV) arcades;
(V) raised corniced parapets over the door;
(VI) peaked roof forms;
(VII) arches;
(VIII) outdoor patios;
(IX) display windows;
(X) architectural details such as tile work and moldings which are integrated into the
building structure and design; and/or
(XI) integral planters or wing walls that incorporate landscaped areas and/or places for
sitting.
(b) Where additional stores will be located in the large retail establishment, each such store shall have at
least one (1) exterior customer entrance, which shall conform to the above requirements.
(c) All building facades which are visible from adjoining properties and/or public streets shall comply
with the requirements of Article 5.15.3(D)(2) above.
(3) Site Design and Relationship to Surrounding Community.
(a) Entrances. At least two (2) sides of a large retail establishment shall feature operational customer
entrances. The two (2) required sides shall be those that are planned to have the highest level of
public pedestrian activity, one (1) of which shall also be the side that most directly faces a street with
pedestrian access. The other of the two (2) sides having an operational customer entrance may face
a second street with pedestrian access, and/or a main parking lot area. If the large retail
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establishment does not include a second side entrance that is fully operational and open to the
public, then this standard shall be met by attaching smaller retail store(s) ("liner stores") to the side
of the large retail establishment which is expected to generate the most pedestrian activity or which
faces a public street. Such liner store(s) shall, to the extent reasonably feasible, occupy no less than
thirty-three (33) percent of the building elevation on which they are located and shall feature
distinctive store fronts and entrances that are significantly differentiated from the large retail
establishment in order to create strong identifiable entrance features. Entrances to the liner store(s)
may, but need not, provide access into the large retail establishment and must be fully operational
and open to customers at times that are generally equivalent to the store hours of the large retail
establishment to which they are attached. All entrances, including those of the liner store(s), shall be
architecturally prominent and clearly visible from the abutting public street. (See Figure 14.) Movie
theaters are exempt from this requirement.
(I) Figure 14 – Building Entrances (Example of a development with Customer entrances on
all sides which face a public street.)
(b) Parking lot location. No more than fifty (50) percent of the off-street parking area for the lot, tract or
area of land devoted to the large retail establishment shall be located between the front facade of
the large retail establishment and the abutting streets (the "Front Parking Area"). The Front Parking
Area shall be determined by drawing a line from the front corners of the building to the nearest
property corners. If any such line, when connected to the plane of the front facade of the building,
creates an angle that is greater than one hundred eighty (180) degrees, then the line shall be
adjusted to create an angle of one hundred eighty (180) degrees when connected to the plane of the
front facade of the building. If any such line, when connected to the plane of the front facade of the
building, creates an angle that is less than ninety (90) degrees, then the line shall be adjusted to
create an angle of ninety (90) degrees when connected to the plane of the front facade of the
building. Parking spaces in the Front Parking Area shall be counted to include all parking spaces
within the boundaries of the Front Parking Area, including (i) all partial parking spaces if the part
inside the Front Parking Area boundary lines constitutes more than one-half (½) of said parking
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space, and (ii) all parking spaces associated with any pad sites located within the Front Parking Area
boundaries. Supermarkets are exempt from this requirement.
(c) Back sides. The minimum setback for any building facade shall be thirty-five (35) feet from the
nearest property line. Where the facade faces abutting residential uses, an earthen berm, no less than
six (6) feet in height, containing at a minimum evergreen trees planted at intervals of twenty (20)
feet on center, or in clusters or clumps, shall be provided.
(d) Connectivity. The site design must provide direct connections and safe street crossings to adjacent
land uses.
(4) Pedestrian Circulation.
(a) Sidewalks at least eight (8) feet in width shall be provided along all sides of the lot that abut a public
street.
(b) Continuous internal pedestrian walkways, no less than eight (8) feet in width, shall be provided from
the public sidewalk or right-of-way to the principal customer entrance of all large retail
establishments on the site. At a minimum, walkways shall connect focal points of pedestrian activity
such as, but not limited to, transit stops, street crossings, building and store entry points, and shall
feature adjoining landscaped areas that include trees, shrubs, benches, flower beds, ground covers or
other such materials for no less than fifty (50) percent of the length of the walkway.
(c) Sidewalks, no less than eight (8) feet in width, shall be provided along the full length of the building
along any facade featuring a customer entrance, and along any facade abutting public parking areas.
Such sidewalks shall be located at least six (6) feet from the facade of the building to provide
planting beds for foundation landscaping, except where features such as arcades or entryways are
part of the facade.
(d) Internal pedestrian walkways provided in conformance with part (b) above shall provide weather
protection features such as awnings or arcades within thirty (30) feet of all customer entrances.
(e) All internal pedestrian walkways shall be distinguished from driving surfaces through the use of
durable, low maintenance surface materials such as pavers, bricks or scored concrete to enhance
pedestrian safety and comfort, as well as the attractiveness of the walkways.
(5) Central Features and Community Space. Each retail establishment subject to these standards shall
contribute to the establishment or enhancement of community and public spaces by providing at least
two (2) of the following: patio/seating area, pedestrian plaza with benches, transportation center,
window shopping walkway, outdoor playground area, kiosk area, water feature, clock tower or other
such deliberately shaped area and/or a focal feature or amenity that, in the judgment of the appropriate
decision maker, adequately enhances such community and public spaces. Any such areas shall have
direct access to the public sidewalk network and such features shall not be constructed of materials that
are inferior to the principal materials of the building and landscape. (See Figure 15.)
(a) Figure 15 – Center with Community Features
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(6) Delivery/Loading Operations. No delivery, loading, trash removal or compaction, or other such
operations shall be permitted between the hours of 10:00 p.m. and 7:00 a.m. unless the applicant
submits evidence that sound barriers between all areas for such operations effectively reduce noise
emissions to a level of forty-five (45) dB, as measured at the lot line of any adjoining property.
(A) Purpose. Neighborhood convenience shopping centers are intended to provide locations for small scale,
everyday shopping and services assembled in an attractive, convenient destination to primarily serve
consumer demand from adjacent areas. These standards supplement the general standards for all
commercial and mixed-use development, to promote development in which the commercial component is
tempered as needed to reflect neighborhood character and minimize the garish or intrusive characteristics
of commercial development.
(B) General Standard. Neighborhood convenience shopping centers shall be compatible with the character of
the surrounding neighborhood utilizing high quality materials and finishes and shall be internally
compatible and harmonious with respect to quality design, aesthetics and materials, tailored specifically to
the site and its context.
(C) Land Use.
(1) Size of Development. A convenience shopping center shall be situated on seven (7) or fewer acres
with four (4) or more business establishments located in an area that is planned and developed as a
whole.
(2) Permitted Uses. Permitted uses include retail stores, personal and business services, convenience
retail stores (with accessory gas pumps), restaurants without drive-up windows, equipment rental
(not including outdoor storage), professional offices, limited banking services such as automated
teller machines, multi-unit dwellings, medical offices and clinics, small animal veterinary clinics, and
day care services.
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(3) Phasing of Improvements. If a center is to be built in phases, each phase shall include an
appropriate share of the proposed streets and circulation system, landscaping and outdoor spaces,
screening and other site and architectural amenities of the entire project. The extent of these
improvements shall be determined for each phase of a specific project at the time of project
development approval, and may not be based solely upon a proportional or equal share of the entire
site. Requirements for a phased project may include off-site improvements.
(D) Buildings.
(1) Architectural Style. Standardized architecture, recognized as a prototype of a larger chain of
establishments, shall be customized as necessary to express a level of quality that enhances the
distinctive character of the immediate neighborhood and the City as a whole. Forms and finish materials
of buildings, signage, gasoline pump canopies and other accessory structures shall be compatible with
the architectural character of the adjacent area through compliance with all of the following standards:
(a) All buildings, including gasoline pump canopies, shall utilize a consistent architectural style, with
different buildings, businesses or activities in the center distinguished by variations within the
architectural style.
(b) The sides and backs of buildings shall be as visually attractive as the front through the design of roof
lines, architectural detailing and landscaping features.
(c) Quality finish materials shall be utilized. Such materials may include, but need not be limited to:
(I) brick masonry or stone;
(II) integrally tinted, textured masonry block;
(III) stucco; or
(IV) wood siding.
(d) Where any sloped roofs and canopies are used, they shall be covered with:
(I) high profile asphalt shingles;
(II) natural clay tiles;
(III) slate;
(IV) concrete tiles - with natural texture and color;
(V) ribbed metal; or
(VI) wood shakes or shingles, provided that the roof includes required fire protection.
(e) Vending machines and other site accessories shall be integrated into the architectural theme of the
center.
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(2) Building Placement. Minimum building setbacks from the property line of any adjoining residential use
shall be twenty (20) feet.
(E) Site Design.
(1) Screening.
(a) Screening walls or fences shall be at least five (5) feet, but not more than eight (8) feet in height.
(b) Fences or walls shall be constructed of material similar to, or compatible with and complementary to,
the primary building material and architecture. (Chain link type fences with or without wood slats or
other inserts are not acceptable screening devices.) Fencing shall not impair traffic safety by
obscuring views.
(c) Long expanses or fences or wall surfaces shall be architecturally designed so as to avoid monotony
by use of repeating elements, alternative opaque and transparent sections, or architectural elements
including pillars.
(2) Landscaping/Streetscapes.
Ground signage, if any, shall be incorporated into the landscape design.
(3) Site Setbacks.
(a) Minimum setbacks of parking and drives from public rights-of-way shall be as follows:
(I) twenty-five (25) feet from any arterial right-of-way; and
(II) fifteen (15) feet from any nonarterial right-of-way.
(b) Minimum setbacks of parking and drives from other land uses shall be as follows:
(I) twenty (20) feet from the property line of any residential use; and
(II) five (5) feet from the property line of nonresidential uses, except a property line
between buildings or uses with shared parking areas where zero (0) feet is required.
DIVISION 5.1 6 SIGNS
5.16.1 SIGNS GENERALLY.
(A)
(1) Title. Sections 5.16.1, 5.16.2, 5.16.3, 5.16.4, and 5.16.5 may be collectively referred to as the "City of Fort
Collins Sign Code," or the "Sign Code". Definitions related to the Sign Code are set out in Section 7.1.2,
Definitions.
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(2) Purpose and Intent. The purpose and intent of the Sign Code is to set out reasonable regulations for the
design, location, installation, display, operation, repair, maintenance, and removal of signs in a manner that
advances the City's legitimate, important, substantial, and compelling interests, while simultaneously
safeguarding the constitutionally protected right of free speech.
(B) The City has a legitimate, important, substantial, or compelling interest in:
(1) Preventing the proliferation of signs of generally increasing size, dimensions, and visual intrusiveness (also
known as "sign clutter") that tends to result from property owners competing for the attention of passing
motorists and pedestrians, because sign clutter:
(a) Creates visual distraction and obstructs views, potentially creating safety hazards for motorists,
bicyclists, and pedestrians;
(b) May involve physical obstruction of streets, sidewalks, or trails, creating public negative impacts;
(c) Degrades the aesthetic quality of the City, making the City a less attractive place for residents, business
owners, visitors, and private investment; and
(d) Dilutes or obscures messages on individual signs due to the increasing competition for attention.
(2) Maintaining and enhancing the historic character of historic Downtown Fort Collins, a unique historic
resource of exceptional quality and vibrancy.
(3) Protecting the health of the City's tree canopy, an important community asset that contributes to the
character, environmental quality, and economic health of the City and the region.
(4) Maintaining a high-quality aesthetic environment to protect and enhance property values, leverage public
investments in streets, sidewalks, trails, plazas, parks, open space, civic buildings, and landscaping, and
enhance community pride.
(5) Protecting minors from speech that is harmful to them according to state or federal law, by preventing
such speech in places that are accessible to and used by minors.
(C) Findings. The City finds that:
(1) Content-neutrality, viewpoint neutrality, and fundamental fairness in regulation and review are essential to
ensuring an appropriate balance between the important, substantial, and compelling interests set out in
Section 5.16.1(B) and the constitutionally-protected right to free expression.
(2) The regulations set out in the Sign Code are unrelated to the suppression of constitutionally-protected free
expression, do not relate to the content of protected messages that may be displayed on signs, and do not
relate to the viewpoint of individual speakers.
(3) The incidental restriction on the freedom of speech that may result from the regulation of signs pursuant to
the Sign Code is no greater than is essential to the furtherance of the important, substantial, and
compelling interests that are set out in Section 5.16.1(B).
(4) Regulation of the location, number, materials, height, sign area, form, and duration of display of temporary
signs is essential to prevent sign clutter.
(5) Temporary signs may be degraded, damaged, moved, or destroyed by wind, rain, snow, ice, and sun, and
after such degradation, damage, movement, or destruction, such signs harm the safety and aesthetics of
the City's streets if they are not removed.
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(6) Certain classifications of speech are not constitutionally protected due to the harm that they cause to
individuals or the community.
(D) Applicability, exemptions, and permit exceptions.
(1) Applicability. The provisions of the Sign Code shall apply to the display, construction, installation, erection,
alteration, use, location, maintenance, and removal of all signs within the City that are not specifically
exempt from such application.
(2) Sign Permits.
(a) No sign shall be displayed, constructed, installed, erected, refaced, or altered within the City limits until
the City has issued a sign permit, unless the sign qualifies as an exception to the permit requirements.
(b) No permit is required for routine sign maintenance, painting, or replacing light sources with lighting of
comparable intensity (however, the installation of a new manual changeable copy message center or
electronic message center does require a permit).
(3) Sign Regulation Exemptions. The Sign Code does not apply to:
(a) Signs of any type that are installed or posted (or required to be installed or posted) by the Federal
government, the State of Colorado, Larimer County, the City, or a School District (collectively,
"Governmental Entities"), on property owned or controlled by a Governmental Entity; and/or
(b) Required signs, posted in accordance with applicable law or regulations.
(4) Sign Regulation Partial Exemptions. The following signs are subject only to subsections (E) through (L) of
this Section 5.16.1, inclusive, and shall not require a sign permit:
(a) Signs that are not visible from any of the following areas due to the configuration of the building(s) or
structure(s) or the topography of the site upon which the signs are located:
(I) Residential lots;
(II) Adjoining property that is not under common ownership;
(III) Public rights-of-way; or
(IV) Property that is located at a higher elevation than the property upon which the sign is
displayed.
(b) Signs that are not legible from adjoining property or rights-of-way due to the configuration of the
building(s) or structure(s) or the topography of the site upon which the signs are located or the
orientation or setback or typeface of the sign, provided that:
(I) One (1) such sign may have a sign area that is not more than thirty five (35) square feet,
and if a sign area allowance applies to the site, fifty (50) percent of the sign area of the sign
is counted towards the sign area allowance;
(II) Other such signs may have a sign area that is not more than eight (8) square feet, and are
not counted towards any applicable sign area allowance.
(c) Horizontal projected light signs that are projected onto private property, provided that they are not
projected onto required signs.
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(5) Sign Permit Exceptions. The following signs may be displayed, constructed, installed, erected, or altered
without a sign permit, but are not exempt from other applicable provisions of Section 5.16.2 or Section
5.16.3:
(a) One (1) optional residential sign per street-facing building elevation of a residential building not
exceeding four (4) square feet in area;
(b) Flags that are hung from not more than three (3) rigid, straight, building-mounted or ground-mounted
flagpoles per one hundred (100) feet of property frontage or fraction thereof, provided that:
(I) No more than three (3) flags are flown from any one (1) flagpole;
(II) No flag obstructs pedestrian, bicycle, or vehicular traffic, or a required sight triangle; and
(III) No flag exceeds thirty-two (32) square feet in area;
(c) Small signs, as follows:
(I) Signs that are affixed to a building or structure, that do not exceed two (2) square feet in
sign area, provided that only one (1) such sign is present on each elevation that is visible
from public rights-of-way or adjoining property; and
(II) Signs that are less than one (1) square foot in area that are affixed to machines, equipment,
fences, gates, walls, gasoline pumps, public telephones, or utility cabinets;
(d) Temporary seasonal decorations;
(e) Temporary signs (except feather flags and attached or detached temporary banners and pennants, all of
which require a sign permit); and
(f) Window signs that are less than six (6) square feet in area, provided that:
(I) The total area covered by window signs:
(i) Does not exceed twenty-five (25) percent of the area of the architecturally distinct
window in which they are located; and
(ii) Does not exceed twenty-five (25) percent of the sign allowance described in Section
5.16.2(A); and
(II) The window signs are not illuminated.
(E) Relationship to Other Regulations.
(1) In addition to the regulations set out in the Sign Code, signs may also be subject to applicable State laws
and regulations (e.g., State of Colorado, Department of Highways, "Rules and Regulations Pertaining to
Outdoor Advertising," effective January 1, 1984, as may be amended from time to time), Federal laws and
regulations, and applicable adopted building and electrical codes. Exceptions to the sign permit
requirements do not constitute exemptions to other applicable codes or permit requirements.
(2) Where any provision of the Sign Code covers the same subject matter as other regulations of the City, the
more specific regulation shall control the more general one, unless the City determines that the more
restrictive regulation is clearly unenforceable as a matter of law.
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(3) Where any provision of the Sign Code covers the same subject matter as other regulations of the State of
Colorado or the United States, the applicant is advised that nothing in this Chapter shall be construed as a
defense to a violation of applicable state or federal law except as may be provided in the state or federal
law.
(4) All signs within the Old Town Historic District within the Downtown District must comply with the Old
Town Historic District Design Standards except that the Old Town Historic District Design Standards shall
not be interpreted to limit the content of the sign.
(5) The Downtown District shall be defined by the boundary exhibited in the 2017 Fort Collins Downtown
Plan.
(F) Measurements.
(1) Property Frontage. Property frontage is measured as the length of each property boundary that abuts a
public street right-of-way.
(2) Sign Area.
(a) Generally. In general, sign area is the area within a continuous polygon with up to eight (8) straight
sides that completely encloses the limits of text and graphics of a sign, together with any frame or other
material or color forming an integral part of the display or used to differentiate the sign's contents from
the background against which they are placed.
(b) Additions. The area of all freestanding and ground signs shall include the area of the sign face(s) as
calculated in subsection (F)(2)(a), together with any portion of the sign structure which exceeds one
and one-half (1½) times the area of the sign face(s).
(c) Exclusions. The sign area does not include the structure upon which the sign is placed (unless the
structure is an integral part of the display or used to differentiate it), but does include any open space
contained within the outer limits of the display face, or between any component, panel, strip, or figure
of any kind composing the display face, whether this open space is enclosed by a frame or border or
not.
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(d) Multiple Sign Faces. Freestanding temporary signs may have multiple faces. The area of such signs is
measured using the vertical cross-section that represents the sign's maximum projection upon a vertical
plane (e.g., for a sign with two (2) opposite faces on the same plane, the total cumulative area of both
faces is used for area calculation).
(e) Three-Dimensional Sign Faces. The area of signs that do not have a flat sign face is measured using the
vertical cross-section that represents the sign's maximum projection upon a vertical plane.
(3) Sign Clearance. Sign clearance is the distance between the bottom of a sign or related structural element
that is not affixed to the ground and the nearest point on the ground-level surface under it.
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Figure (F)(3)
Sign Clearance
(4) Sign Height. Sign height is measured as:
(a) For ground-mounted signs:
(I) The distance between ground level at the base of the sign and the top of the sign or sign
structure, whichever is higher; or
(II) If the average grade under the base of the sign is more than two (2) feet lower than the
average grade of the nearest adjoining street, then the height of the detached sign shall be
measured from the elevation of the flowline of the street to the top of the sign or sign
structure.
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(b) For building-mounted signs, the greatest distance between the lowest part of the sign or sign structure
and the highest part of the sign or sign structure.
(5) Projection. Projection is the horizontal distance between a building wall or fascia to which a sign is
mounted and the part of the sign or sign structure that is most distant from the wall or fascia, Measured
perpendicular to the vertical plane of the wall or fascia.
(6) Setbacks. Sign setbacks are measured perpendicularly from the property line that defines the required
setback to the nearest point on the sign or sign structure.
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(G) Prohibited signs and sign elements.
(1) Generally. The prohibitions in this subsection (G) apply to temporary and permanent signs in all areas of
the City.
(2) Prohibited Signs. The following signs are not allowed, whether temporary or permanent:
(a) Temporary signs, except as specifically permitted in Section 5.16.3, Temporary Signs;
(b) Portable signs, except as permitted in the Code of the City of Fort Collins Chapter 24, Article IV;
(c) Wind-driven signs except flags, feather flags, banners, and pennants in compliance with Section 5.16.3;
(d) Inflatable signs, and signs that are designed to appear as inflatable signs (e.g., plastic balloons);
(e) Revolving or rotating signs;
(f) Permanent off-premises signs;
(g) Billboards; and
(h) Abandoned signs.
(3) Prohibited Design Elements. The following elements shall not be incorporated as an element of any sign
or sign structure, whether temporary or permanent:
(a) Animated or moving parts, including any moving, swinging, rotating, or spinning parts or flashing,
blinking, scintillating, chasing, fluctuating, or otherwise animated light; except as expressly allowed in
this Sign Code;
(b) Cardboard, card stock, or paper, except when laminated or used as a window sign located on the
interior side of the window;
(c) Motor vehicles, unless:
(I) The vehicles are operational, and either:
(i) Automobile dealer inventory; or
(ii) Regularly used as motor vehicles, with current registration and tags.
(II) The display of signage on the motor vehicle would not interfere with the immediate
operation of the motor vehicle (e.g., signs that are held in place by an open hood or trunk
are not allowed; signs that cover windows are not allowed; and signs that would fall off of
the vehicle if the vehicle were in motion are not allowed); and
(III) The motor vehicle is legally parked in a vehicle use area depicted on an approved site
plan.
(d) Semi-trailers, shipping containers, or portable storage units, unless:
(I) The trailers, containers, or portable storage units are:
(i) Structurally sound and capable of being transported;
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(ii) Used for their primary purpose (e.g., storage, pick-up, or delivery); and
(iii) If subject to registration, have current registration and tags; and
(II) The display of signage is incidental to the primary purpose; and
(i) The semi-trailer, shipping container, or portable storage unit is parked or placed in a
designated loading area or on a construction site in an area that is designated on an
approved construction staging plan.
Exception: This standard does not apply to shipping containers that are used as building cores.
(e) Stacked products (e.g., tires, soft drink cases, bagged soil or mulch) that are placed in unapproved
outdoor storage locations;
(f) Materials with a high degree of specular reflectivity, such as polished metal, installed in a manner that
creates substantial glare from headlights, streetlights, or sunlight.
Exception: This standard does not prohibit retroreflective materials that comply with the standards set
forth in the Manual on Uniform Traffic Control Devices.
(g) Rooftop signs and all other types of signs that project above the roof deck, except that signs are
allowed on parapet walls if the parapet wall was constructed as a part of the building and the parapet
wall includes a sign band within which the sign is installed.
Exception: Secondary Roof signs as provided in subsection 5.16.2(F).
(4) Prohibited Obstructions. In no event shall a sign, whether temporary or permanent, obstruct the use of:
(a) Building ingress or egress, including doors, egress windows, and fire escapes;
(b) Operable windows (with regard to movement, not transparency); or
(c) Equipment, structures, or architectural elements that are related to public safety, building operations, or
utility service (e.g., standpipes, downspouts, fire hydrants, electrical outlets, lighting, vents, valves, and
meters).
(5) Prohibited Mounts. No sign, whether temporary or permanent, shall be posted, installed, mounted on,
fastened, or affixed to any of the following:
(a) Any tree or shrub;
(b) Any utility pole or light pole, unless:
(I) The sign is a banner or flag that is not more than ten (10) square feet in area;
(II) The owner of the utility pole or light pole consents to its use for the display of the banner or
flag;
(III) The banner or flag is mounted on brackets or a pole that extends not more than thirty (30)
inches from the utility pole or light pole;
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(IV) The banner or flag is either situated above an area that is not used by pedestrians or
vehicles, or the bottom of the banner or flag has a sign clearance of at least eight (8) feet;
and
(V) Any applicable City encroachment or banner permits are obtained.
(c) Utility cabinets.
(H) Prohibited Locations. In addition to applicable setback requirements and other restrictions of this Sign Code,
no sign shall be located in any of the following locations:
(1) In or over public rights-of-way (which, in addition to streets, may include other sidewalks, parkways, trails,
multi-use pathways, retaining walls, utility poles, traffic calming devices, medians, and center islands that
are within public rights-of-way), except:
(a) Signs painted on or affixed to transit shelters and bus benches as authorized by the provider of the
shelter or bench, but not extending beyond the physical structure of the shelter or bench;
(b) Signs that are the subject of a revocable license agreement with the City, installed and maintained in
accordance with the terms of that agreement;
(c) Portable signs permitted pursuant to the Code of the City of Fort Collins, Chapter 24, Article IV; or
(d) Signs posted by the City or jurisdiction that owns or maintains the right-of-way; or
(2) Within any sight distance triangle, as provided in subsection (I), below.
(I) Illumination. The illumination of signs, where permitted, shall comply with the standards of this subsection (I)
and Division 5.12, Exterior Site Lighting.
(1) Generally.
(a) In general, attached illuminated signs shall be turned off by 11:00 PM if they located within three
hundred (300) feet of property that is zoned, used, or approved for residential use. However, signs may
be illuminated in Downtown, Commercial/Industrial, and Mixed-Use sign districts after 11:00 PM if:
(I) The operating hours of the use to which the sign relates extend past 10:30 PM, in which
case the sign shall be turned off not more than thirty (30) minutes after the end of
operating hours each day; and the sign is dimmed by at least thirty (30) percent between
midnight and 6:00 AM;
(II) The lighting that illuminates the sign is used primarily for the protection of the premises or
for safety purposes; or
(III) The sign is separated from residential uses by an arterial street.
(b) Illuminated signs shall avoid the concentration of illumination. The intensity of the light source shall not
produce glare, the effect of which constitutes a traffic hazard or nuisance to adjoining property.
(c) No sign or associated luminaire shall create light spillover of more than one (1) lux at any property line
that is zoned or used for single-unit detached, duplex, or townhome purposes.
(d) 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.
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(e) Electrical service to freestanding signs shall be installed underground. Electrical service to attached
signs shall be provided from the building and concealed from view.
(2) Internal Illumination.
(a) No internal sign lighting shall include any exposed light source, except that neon or comparable tube
lighting is permitted in locations where internal sign illumination is allowed.
(b) During the time between sunset and the time an illuminated sign must be turned off pursuant to
subsection (I)(1)(a), above, internally lit signs (including electronic message centers) shall not exceed six
hundred (600) nits of luminance.
(3) Indirect Lighting.
(a) All signs that use indirect lighting shall have their lighting directed in such a manner as to illuminate only
the face of the sign, and not to create glare or sky glow.
(b) When indirect lighting is used to illuminate detached signs, the light source must be concealed from
view from on and off-site vehicular and pedestrian use areas and from within existing buildings.
(c) Indirect lighting of signs shall not exceed the following illuminance:
(I) Commercial/Industrial and Mixed-Use Sign Districts: six hundred (600) lux.
(II) Downtown Sign District: five hundred (500) lux.
(III) All Other Sign Districts: four hundred (400) lux.
(4) Off-Premises Signage. No new illumination may be added to existing off-premises signage.
(J) Message Centers.
(1) Manual Copy Message Centers.
(a) Design.
(I) Manual changeable copy message centers shall appear integrated into the sign face of a
permanent sign that also includes text and graphics that are not part of the manual
changeable copy message center.
(II) No manual changeable copy message center may be constructed using face or screen
materials such as expanded metal or other types of mesh; any type of corrugated plastic
such as Filon, V3, or Styrene; or other types of materials that are commonly used for
"portable" or "homemade" signs.
(b) Dimensions. No manual changeable copy message center shall occupy more than eighty (80) percent
of the sign area of a sign.
(c) Operation and Maintenance.
(I) No changeable copy sign or portion of a sign may have changeable copy that is nailed,
pinned, glued, taped, or comparably attached.
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(II) If any part of the changeable copy portion of a sign or the track type system or other
method of attachment is absent from the sign, or deteriorates so that it is no longer
consistent with the style or materials used in the permanent portion of the sign, or is
altered in such a way that it no longer conforms to the approved plans and specifications,
the sign shall be removed or repaired within fourteen (14) days.
(2) Electronic Message Centers. Digital electronic message centers ("EMCs") may be incorporated into signs
as provided in this subsection.
(a) Number, Design, Dimensions.
(I) Not more than one (1) sign with an EMC component is allowed per street frontage.
(II) EMCs shall appear to be incorporated into the face of a permanent sign that includes text or
graphics that are not part of the EMC.
(III) EMCs shall not have a pixel pitch that is greater than twelve (12) mm.
(IV) EMCs shall be integrated harmoniously into the design of the sign face and structure, shall
not be the predominant element of the sign, and if located at the top of a sign, the sign
must include a substantial cap feature above the EMC, which consists of the same material,
form, color, and texture as is found on the sign face or structure.
(V) Not more than fifty (50) percent of the sign area of a permitted sign may be occupied by
EMCs.
(b) Spacing, Prohibitions.
(I) Signs with EMC components shall be separated from each other and from property used or
if the property is vacant but zoned for residential purposes (except multi-unit buildings
with more than four [4] units) by a distance of not less than one hundred (100) feet,
measured in a straight line.
(II) EMCs are not allowed on a freestanding pole sign.
(III) In the Downtown (D) District, wall signs with electronic message centers are not permitted
on properties located within the boundaries of the Portable Sign Placement Area Map, See
Section 24-150, et seq., Fort Collins City Code.
(c) Operations.
(I) The message displayed on an EMC shall not change more frequently than once per sixty
(60) seconds. If a single sign includes multiple EMCs, they shall be considered a single EMC
for the purposes of this standard.
(II) EMCs shall contain static messages only, and animated, dissolve, or fade transitions are not
allowed.
(III) EMCs shall be controlled by dimming software and sensors to adjust brightness for
nighttime viewing and variations in ambient light. The intensity of the light source shall not
produce glare, the effect of which constitutes a traffic hazard or is otherwise detrimental to
the public health, safety or welfare.
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(d) Certification. Prior to acceptance of the installation by the City, the permit holder shall schedule an
inspection with a Zoning Inspector to verify compliance. The permit holder and the business owner,
business manager or property manager shall be in attendance during the inspection.
(K) Sight Distance Triangles. Signs that obstruct view within an area between forty-two (42) inches and seventy-
two (72) inches above the flowline of the adjacent street shall be set back from the right-of-way line a
distance as established in Table (K), Sight Distance Triangles.
15 500
15 400
15 300
These distances are typical sight distance triangles to be used under normal conditions and may be
fication.
(L) Content. Except as provided in this subsection (L), no sign shall be approved or disapproved based on the
content or message it displays.
(1) Prohibition on Certain Types of Unprotected Speech. The following content, without reference to the
viewpoint of the individual speaker, shall not be displayed on signs:
(a) Text or graphics that is harmful to minors as defined by state or federal law;
(b) Text or graphics that are obscene, fighting words, defamation, incitement to imminent lawless action, or
true threats, as such words and phrases are defined by controlling law;
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(c) Text or graphics that present a clear and present danger due to their potential confusion with traffic
control signs; or
(d) Signs that provide false information related to public safety (e.g., signs that use the words "Stop,"
"Yield," "Caution," or "Danger," or comparable words, phrases, symbols, or characters that are presented
in a manner as to confuse motorists or imply a safety hazard that does not exist).
(2) Severability. The narrow classifications of content that are prohibited from display on signs by this
subsection (L) are either not protected by the United States and Colorado Constitutions, or are offered
limited protection that is outweighed by the substantial and compelling governmental interests in
protecting the public safety and welfare. It is the intent of the City Council that each provision of this
subsection (L) be individually severable in the event that a court holds one or more of them to be
inconsistent with the United States Constitution or Colorado Constitution.
(M) Sign Districts.
(1) Generally. In recognition that the City is a place of diverse physical character, and that different areas of
the City have different functional characteristics, signs shall be regulated based on sign district in which
they are located.
(2) Sign Districts Created. The following sign districts are created: Downtown, Commercial/Industrial, Multi-
unit, Single-unit, and Residential Neighborhood. Sign districts shall correspond to zoning districts as
provided in Table (M), Sign Districts.
unit
(A) Sign Area Allowance.
(1) Generally. The sign area allowance limits the total amount of sign area that may be allocated to certain
types of signs (listed in Tables (B) to (F)) on a site based on the location and use of the site. Sign area
allowance is calculated as set out in Table (A), Sign Area Allowance.
For 1st 200 lf. of
bldg. frontage. But not less than
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All Sign
Districts1 2 sf./lf. + 1 sf./lf. =
Sign allowance is calculated per building frontage and may only be applied to the frontage to which the
allowance
(2) Sites without Frontage on Public Streets. If a building does not have frontage on a dedicated public
street, the owner of the building may designate the one building frontage for the purpose of calculating the
sign area allowance.
(3) Allocation of Sign Area Allowance.
(a) If the only building frontage that fronts on a public street is a wall containing no signs, the property
owner may designate another building frontage on the building on the basis of which the total sign
allowance shall be calculated, provided that no more than twenty-five (25) percent of the total sign
allowance permitted under this Sign Code may be placed on frontage other than the building fascia
which was the basis for the sign allowance calculation.
(b) In all other cases, the sign allowance for a property may be distributed in any manner among its building
and/or street frontages except that no one building, or street frontage may contain more sign area than
one hundred (100) percent of the sign area allowance.
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(B) Wall Signs. Wall signs are allowed according to the standards in Table (B), Wall Signs.
Not limited. Not limited.
1 per single-unit
dwelling or
duplex building
arterial; or 1 per
nonresidential
use.
1 per single-unit
dwelling or
duplex building
arterial; or 1 per
nonresidential
use.
1 per single-unit
dwelling or
duplex building
arterial; or 1 per
nonresidential
use.
dwelling or
duplex building
arterial; not
limited for
nonresidential
Yes. Yes. Nonresidential
uses only.
Nonresidential
uses only.
Nonresidential
uses only. Yes.
6 sf. is allowed
on rear wall if:
(i) the wall
includes a
DDA Alley
Enhancement
Project area;
and (iii) a
projecting sign
is not installed
area allowance.
Single-unit or
4 sf.
Nonresidential
use: 35 sf.
Single-unit or
4 sf.
Nonresidential
use: 35 sf.
Single-unit or
4 sf.
Nonresidential
use: 35 sf.
Limited by sign
area allowance,
except if tenant
space does not
have outside
wall, in which
case 30 sf.
4.5 ft. if within
15 ft. of
elevation of
7 ft. if above 15
ft. of elevation
of sidewalk
below but any
portion below
fourth story; 9
ft. if entirely
above fourth
story.
7 ft. 7 ft. 7 ft. 7 ft.
Neighborhood
Neighborhood
2 ft. within
Convenience
all other
Institutional,
Business,
Commercial, or
other
Nonresidential
N/A. N/A. N/A. N/A. N/A. N/A.
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Allowed
Lighting Indirect only. Indirect only. Indirect only. Indirect only. None. Indirect only.
For flush wall
of framed
banners, all
sized to fit the
that there are
no visible gaps
between the
edges of the
banner frame.
For flush wall
of framed
banners, all
banners shall
be sized to fit
the banner
frame so that
there are no
visible gaps
between the
edges of the
banner frame.
Not allowed if
installed.
Not allowed if
installed.
Not allowed if
installed.
harmonize with
architecture of
which sign is
attached, (e.g.,
cornice, column,
change of
window or door
opening); Flush
wall signs shall
align with other
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Max. #
1 per building 1 per building. 1 per building. 1 per building. 1 per building.
dwelling or
duplex building
arterial; 1 per
building for
nonresidential
Yes. Yes. Nonresidential
uses only.
Nonresidential
uses only.
Nonresidential
uses only. Yes.
Limited by
sign area
allowance. area allowance.
Single-unit or
duplex building:
4 sf.
Nonresidential
use: 35 sf.
Single-unit or
duplex building:
4 sf.
Nonresidential
use: 35 sf.
Single-unit or
duplex building:
4 sf.
Nonresidential
use: 35 sf.
area allowance,
except if tenant
space does not
have outside
wall, in which
of sidewalk
below; 25 ft.
elevation of
sidewalk
25 ft. 25 ft. 25 ft. 25 ft. 25 ft.
2 ft. 2 ft. 2 ft. 2 ft. 2 ft. 2 ft.
Indirect only.Indirect only. Indirect only. Indirect only. Indirect only. Indirect only.
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Table (B)
Wall Signs
Type of
Sign
Standards
Not limited. Not limited.
mixed-
building per
frontage for
multi-unit
mixed-
building per
frontage for
multi-unit
mixed-
building per
frontage for
multi-unit
mixed-use; 1 per
building per
frontage for
multi-unit
Yes. Yes. Nonresidential
uses only. Yes. Yes. Yes.
sign area area allowance.
Limited by sign
area allowance.
Limited by sign
area allowance.
Limited by sign
area allowance.
Limited by sign
area allowance.
4.5 ft. if
elevation of
sidewalk
elevation of
sidewalk
below but
any portion
story; 9 ft. if
entirely
story.
7 ft. 7 ft. 7 ft. 7 ft.
Neighborhood
Neighborhood
2 ft. within
Convenience
all other
Institutional,
Business,
Commercial, or
other
Nonresidential
1 ft. 1 ft. 1 ft. 1 ft. 1 ft. 1 ft.
Any. Any. Any. None. None. Internal only.
must be
finished to
match color
of wall;
be not more
than 50% of
height of
attached
letters or
Raceway must
be finished to
match color of
wall; raceway
must be not
of height of
or shapes.
Raceway must
be finished to
match color of
wall; raceway
must be not
more than 50%
of height of
attached letters
or shapes.
Raceway must
be finished to
match color of
wall; raceway
must be not
more than 50%
of height of
or shapes.
Raceway must
be finished to
match color of
wall; raceway
must be not
more than 50%
of height of
or shapes.
color of wall;
not more than
attached letters
or shapes.
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(C) Window Signs. Window signs are allowed according to the standards in Table (C), Window Signs.
Yes, except as
provided in
"other
standards,"
below.
Yes, except as
provided in
"other
standards,"
below.
as provided in
"other
standards,"
No. No. Yes.
2 Up to 50% of
area of
architecturally
distinct window.
Up to lesser of
50% of area of
architecturally
or 80 sf.
Up to lesser of
50% of area of
architecturally
or 80 sf.
Up to lesser of
50% of area of
architecturally
distinct window
or 80 sf.;
Up to lesser of
50% of area of
architecturally
distinct window
or 80 sf.;
Up to lesser of
25% of area of
architecturally
distinct window
or 80 sf.;
No Max. 7 ft. 7 ft. 3 ft. 3 ft. 3 ft.
Internal. Internal. Internal. None. None. Internal.
that are not
exempt from
sign area
allowance. See
subsection (A),
above, and
Section
that are not
exempt from
sign area
allowance. See
subsection (A),
above, and
Section
that are not
exempt from
sign area
allowance. See
subsection (A),
above, and
Section
Not allowed
above the first
story of
nonresidential
buildings.
Not allowed
above the first
story of
nonresidential
buildings.
Not allowed
above the first
story of
nonresidential
buildings.
(D) Projecting Signs. Projecting signs include awning signs, marquee signs, under-canopy signs, and fin signs.
Projecting signs are allowed according to the standards in Table (D), Projecting Signs. Projecting signs shall
not extend into the public right-of-way, except that the City may grant a revocable license to allow projecting
signs to encroach into the right-of-way.
ARTICLE 5 – GENERAL DEVELOPMENT AND SITE DESIGN
5-133 | ARTICLE 5 | CITY OF FORT COLLINS – LAND USE CODE
Max. #
1 per awning. 1 per awning. 1 per awning. limited to
nonresidential
limited to
nonresidential
limited to
nonresidential
Yes. Yes. Nonresidential
uses only.
Nonresidential
uses only.
Nonresidential
uses only. Yes.
or 25% of total
area of the
or 25% of total
area of the
or 25% of total
area of the
or 25% of total
area of the
or 10% of total
area of the
or 25% of total
area of the
-of-
7 ft. 7 ft. 7 ft. 7 ft. 7 ft. 7 ft.
Indirect; or
backlighting of
letters and
graphics is
allowed if
background is
completely
opaque.
Indirect; or
backlighting of
letters and
graphics is
allowed if
background is
completely
opaque.
Indirect; or
backlighting of
letters and
graphics is
allowed if
background is
completely
opaque.
Indirect; or
backlighting of
letters and
graphics is
allowed if
background is
completely
opaque.
nonresidential
uses only;
Indirect; or
backlighting of
letters and
graphics is
allowed if
background is
completely
Indirect; or
backlighting of
letters and
graphics is
allowed if
background is
completely
opaque.
installed over
window or
building
entrance
Awning sign
shall not
above top of
awning or
beyond face of
installed over
window or
building
entrance
Awning sign
above top of
awning or
beyond face of
installed over
window or
building
entrance
Awning sign
above top of
awning or
beyond face of
installed over
window or
building
entrance
Awning sign
above top of
awning or
beyond face of
installed over
window or
building
entrance
Awning sign
above top of
awning or
beyond face of
installed over
window or
building
entrance
Awning sign
above top of
awning or
beyond face of
entrance for
canopies that
are attached to
buildings; 1 per
elevation for
detached
entrance for
canopies that
are attached to
buildings; 1 per
elevation for
detached
entrance for
canopies that
are attached to
buildings; 1 per
elevation for
detached
entrance for
canopies that
are attached to
buildings; 1 per
elevation for
detached
entrance for
canopies that
are attached to
buildings; 1 per
elevation for
detached
Under canopies
that cover
vehicular use
areas: 1 per
street frontage;
all others not
limited.
ARTICLE 5 – GENERAL DEVELOPMENT AND SITE DESIGN
5-134 | ARTICLE 5 | CITY OF FORT COLLINS – LAND USE CODE
Subject to
Sign Area
Allowance
Yes. Yes. Yes. Yes. Yes. Yes.
vehicular use
area: 4 sf.;
Covering
vehicular use
vehicular use
area: 4 sf.;
Covering
vehicular use
vehicular use
area: 4 sf.;
Covering
vehicular use
vehicular use
area: 4 sf.;
Covering
vehicular use
vehicular use
area: 4 sf.;
Covering
vehicular use
vehicular use
area: 4 sf.;
Covering
vehicular use
8 ft. 8 ft. 8 ft. 8 ft. 8 ft. 8 ft.
Any. Any. Any. Indirect only. Indirect only. Indirect only.
sign shall not
project above
which it is
mounted;
painted or
if parallel to
secondary fin
sign standards
apply if
not allowed if
secondary fin
sign shall not
project above
which it is
mounted;
painted or
if parallel to
secondary fin
sign standards
apply if
not allowed if
secondary fin
sign shall not
project above
which it is
mounted;
painted or
if parallel to
secondary fin
sign standards
apply if
not allowed if
secondary fin
Not allowed if
secondary fin
same entrance.
Not allowed if
secondary fin
same entrance.
canopy that
covers a
vehicular use
area if a canopy
sign is present;
not allowed if
secondary fin
same entrance.
frontage per
nonresidential,
mixed-use, or
multiunit
frontage per
nonresidential,
mixed-use, or
multiunit
frontage per
nonresidential,
mixed-use, or
multiunit
frontage per
nonresidential,
mixed-use, or
multiunit
frontage per
nonresidential,
mixed-use, or
multiunit
frontage per
nonresidential,
mixed-use, or
multiunit
Yes. Yes.
nonresidential,
mixed-use, or
multiunit
buildings.
nonresidential,
mixed-use, or
multiunit
buildings.
nonresidential,
mixed-use, or
multiunit
buildings.
Yes.
sidewalk below;
15 ft. and 45 ft.
of elevation
above sidewalk
below; 45 sf. if
entirely above
15 sf. 15 sf. 15 sf. 15 sf. 7 sf.
ARTICLE 5 – GENERAL DEVELOPMENT AND SITE DESIGN
5-135 | ARTICLE 5 | CITY OF FORT COLLINS – LAND USE CODE
elevation above
sidewalk below.
Max. Sign
Height
sidewalk below;
10 ft. if 15 ft. to
45 ft. of
sidewalk below;
18 ft. if entirely
above 45 ft. of
7 ft. 7 ft. 7 ft. 7 ft. 4 ft.
-of-
partially below
entirely above
ft. within right-
6 ft.; not more
right-of-way.
6 ft.; not more
than 4 ft. within
right-of-way.
6 ft.; not more
right-of-way.
6 ft.; not more
than 4 ft. within
right-of-way.
4 ft.; not more
than 4 ft. within
right-of-way.
8 ft. 8 ft. 8 ft. 8 ft. 8 ft. 8 ft.
Any. Any. Any. Any. Any. Internal only.
authorize up to
48 in.
encroachment
-of-
by revocable
license if total
sign area for fin
1 sf. per lf.
building
authorize up to
48 in.
encroachment
-of-
by revocable
license if total
sign area for fin
1 sf. per lf.
building
authorize up to
48 in.
encroachment
-of-
by revocable
license if total
sign area for fin
1 sf. per lf.
building
authorize up to
48 in.
encroachment
-of-
by revocable
license if total
1 sf. per lf.
building
authorize up to
48 in.
encroachment
-of-
by revocable
license if total
sign area for fin
1 sf. per lf.
building
ARTICLE 5 – GENERAL DEVELOPMENT AND SITE DESIGN
5-136 | ARTICLE 5 | CITY OF FORT COLLINS – LAND USE CODE
Figure (D)
Fin Signs (Primary)
building
entry.
1 per public
building entry.
1 per public
building entry.
1 per public
building entry building
entry.
1 per public
building entry.
Yes. Yes. nonresidential No. No. Yes.
4 sf. 4 sf. 4 sf. 4 sf. 4 sf. 4 sf.
4 ft. 4 ft. 4 ft. 4 ft. 4 ft. 1 ft.
code. code. code. code. code. By building code.
Indirect only.Any. Any. Not allowed. Not allowed.Internal only.
located
above
entrance,
top of door;
-
sign is
above
3 ft. of top of
door; not
allowed if
under-canopy
at same
Must be located
within 3 ft. of
top of door; not
allowed if under-
canopy sign is
entrance.
entrance,
top of door;
under-
at same
located
above
entrance,
not allowed
if under-
Must be located
above entrance,
of door; not
allowed if under-
canopy sign is
present at same
entrance.
ARTICLE 5 – GENERAL DEVELOPMENT AND SITE DESIGN
5-137 | ARTICLE 5 | CITY OF FORT COLLINS – LAND USE CODE
same
entrance.
same
entrance.
(E) Canopy Signs. Canopy signs are allowed according to the standards in Table (E), Canopy Signs.
1 per canopy
elevation, for
nonresidential,
multi-unit, or
mixed-use
property.
1 per canopy
elevation, for
nonresidential,
multi-unit, or
mixed-use
property.
1 per canopy
elevation, for
nonresidential,
multi-unit, or
mixed-use
property.
1 per canopy
elevation, for
nonresidential,
multi-unit, or
mixed-use
property.
1 per canopy
elevation, for
nonresidential,
multi-unit, or
mixed-use
property.
frontage, on
canopy that
use area of
nonresidential.
multi-unit, or
mixed-use
Yes. Yes. Yes. Yes. Yes. Yes.
elevation to
which sign is
elevation to
which sign is
elevation to
which sign is
elevation to
which sign is
elevation to
which sign is
12 sf. on canopy
that covers
vehicular use
area.
Internal only. Internal only. Internal only. Internal only. Internal only. Internal only.
code. code. code. code. code. code.
Canopy signs
the canopy to
which they are
mounted.
Canopy signs
the canopy to
which they are
mounted.
Canopy signs
the canopy to
which they are
mounted.
Canopy signs
the canopy to
which they are
mounted.
Canopy signs
the canopy to
which they are
mounted.
canopy that
covers a
vehicular use
area if an under-
canopy sign is
(F) Secondary Roof Signs. Secondary roof signs are allowed according to the standards in Table (F), Secondary
Roof Signs.
ARTICLE 5 – GENERAL DEVELOPMENT AND SITE DESIGN
5-138 | ARTICLE 5 | CITY OF FORT COLLINS – LAND USE CODE
Max. # 1 per building,
for
mixed-use
for
mixed-use
for
mixed-use
for
mixed-use
for
mixed-use mixed-use
property.
Yes. Yes. Yes. Yes. Yes. Yes.
Limited by sign
area allowance.
Limited by sign
area allowance.
Limited by sign
area allowance.
Limited by sign
area allowance.
Limited by sign
area allowance.
Limited by sign
area allowance.
secondary roof: secondary roof: secondary roof: secondary roof: 1st or 2nd story
secondary roof
Any. Any. Any. Any. Any. Any.
between
secondary roof
and bottom of
sign face shall
not allowed
nd
between
secondary roof
and bottom of
sign face shall
not allowed
nd
between
secondary roof
and bottom of
sign face shall
not allowed
nd
between
secondary roof
and bottom of
sign face shall
not allowed
nd
between
secondary roof
and bottom of
sign face shall
not allowed
nd
between
secondary roof
and bottom of
sign face shall
not allowed
nd
ARTICLE 5 – GENERAL DEVELOPMENT AND SITE DESIGN
5-139 | ARTICLE 5 | CITY OF FORT COLLINS – LAND USE CODE
(G) Freestanding Permanent Signs. Detached permanent signs are allowed according to the standards in Table
(G)(1), Freestanding Permanent Signs.
1 per frontage.1 1 per frontage.1
1 per frontage
for
nonresidential,
mixed-use, or
multi-unit
property.1
nonresidential,
mixed-use, or
multi-unit uses1 ;
1 per site for
single-unit
detached or
fronts on an
arterial; 2 per
entry into
residential
subdivision or
multiunit site
sign on each
nonresidential,
mixed-use, or
multi-unit uses1 ;
1 per site for
single-unit
detached or
duplex if the lot
fronts on an
arterial; 2 per
public vehicular
entry into
residential
subdivision or
multiunit site
sign on each
1 per site for
nonresidential,
mixed-use, or
multi-unit uses1 ;
2 per public
vehicular entry
into residential
subdivision or
multiunit site
(one single face
of entry).
Yes. Yes. No. No. Yes.
Based on
setback and
style, see Table
(G)(2), below.
Based on
setback and
style, see Table
(G)(2), below.
Based on
setback and
style, see Table
(G)(2), below.
detached or
duplex building
other allowed
detached or
duplex building
arterial: 4 sf. All
other allowed
32 sf.2
Based on
setback and
style, see Table
(G)(2), below.
Based on
setback and
style, see Table
(G)(2), below
Based on
setback and
style, see Table
(G)(2), below.
detached or
duplex building
arterial: 5 ft.
Multi-unit or
Nonresidential
detached or
duplex building
arterial: 5 ft.
Multi-unit or
Nonresidential
Multi-unit or
Nonresidential
use: 5 ft.2
Any. Any. Any. Indirect only. None. Indirect only.
below; 15 ft.
setback from
below; 15 ft.
setback from
below; 15 ft.
setback from wall sign is
installed.
Not allowed if a
wall sign is
installed.
75 ft. from
adjacent
residential zone
or existing or
ARTICLE 5 – GENERAL DEVELOPMENT AND SITE DESIGN
5-140 | ARTICLE 5 | CITY OF FORT COLLINS – LAND USE CODE
between
freestanding freestanding freestanding residential use.
3 3 3 3 3 3
Structure shall match primary finish and colors of associated buildings.
and the ground, vertically and between the extreme horizontal limits of the sign
extended perpendicular to the ground. A base or pole cover provided to satisfy this
as color, material and texture. Freestanding signs that existed prior to December 30,
2011, and that do not comply with this requirement shall be removed or brought into
compliance by December 31, 2019, provided that such signs otherwise comply with
Structure shall
match primary
of associated
buildings; must
be monument
style.
access point to
nonresidential,
mixed-use, or
multiunit
access point to
nonresidential,
mixed-use, or
multiunit
access point to
nonresidential,
mixed-use, or
multiunit
access point to
nonresidential,
mixed-use, or
multiunit
access point to
nonresidential,
mixed-use, or
multiunit
1 per street
frontage of a
nonresidential,
mixed-use, or
multiunit uses.
Yes. Yes. Nonresidential
uses only. No. No. No.
16 sf. 16 sf. 16 sf. 16 sf. 16 sf. 20 sf.
4 ft. 4 ft. 4 ft. 4 ft. 4 ft. 5 ft.
Any. Any. Any. Indirect only. Indirect only. Indirect only.
of-way; 10 ft.
from property
of-way; 10 ft.
from property
of-way; 10 ft.
from property
of-way; 10 ft.
from property
of-way; 10 ft.
from property
of-way; 10 ft.
from property
1 1 1 1 1 1
freestanding
sign; however,
pole style signs
are not allowed.
freestanding
sign; however,
pole style signs
are not allowed.
freestanding
sign; however,
pole style signs
are not allowed.
freestanding
sign; however,
pole style signs
are not allowed.
freestanding
sign; however,
pole style signs
are not allowed.
freestanding
sign; however,
pole style signs
are not allowed.
No. No. No. No. No. No.
30 sf.3 30 sf.3 30 sf.3 30 sf.3 30 sf.3 30 sf.3
ARTICLE 5 – GENERAL DEVELOPMENT AND SITE DESIGN
5-141 | ARTICLE 5 | CITY OF FORT COLLINS – LAND USE CODE
Max. Sign
Height 6 ft. 6 ft. 6 ft. 6 ft. 6 ft. 6 ft.
Any. Any. Any. Any. Any. Any.
right of way; if
the sign faces
out to the right-
right of way; if
the sign faces
out to the right-
right of way; if
the sign faces
out to the right-
right of way; if
the sign faces
out to the right-
right of way; if
the sign faces
out to the right-
right of way; if
the sign faces
out to the right-
1 1 1 1 1 1
to the drive-
lane; if any part
of the sign
structure is
visible from
abutting
property or
right-of-way
additional
screening is
4
to the drive-
lane; if any part
of the sign
structure is
visible from
abutting
property or
right-of-way
additional
screening is
4
to the drive-
lane; if any part
of the sign
structure is
visible from
abutting
property or
right-of-way
additional
screening is
4
to the drive-
lane; if any part
of the sign
structure is
visible from
abutting
property or
right-of-way
additional
screening is
4
to the drive-
lane; if any part
of the sign
structure is
visible from
abutting
property or
right-of-way
additional
screening is
4
to the drive-
lane; if any part
of the sign
structure is
visible from
abutting
property or
right-of-way
additional
screening is
4
ARTICLE 5 – GENERAL DEVELOPMENT AND SITE DESIGN
5-142 | ARTICLE 5 | CITY OF FORT COLLINS – LAND USE CODE
(H) Projected Light Signs.
(1) Horizontal Projected Light Signs.
(a) Horizontal projected light signs that are projected onto public sidewalks are allowed only by portable
sign permit, except that with respect to such signs, the area in which the portable sign permit may be
issued is expanded to include the following zoning districts: D, RDR, CCR, CG, and NC, and all
pedestrian-oriented shopping streets within the CC and HC zoning districts.
(b) All horizontal projected light signs require a permit.
(c) The projected image of a horizontal projected light sign:
(I) Shall be entirely within ten (10) feet of a building entrance;
(II) Shall not exceed six (6) square feet in area;
(III) Shall be projected onto a sidewalk or landscaped area;
(IV) Shall not project onto safety or traffic signage (e.g., crosswalk markings, bicycle dismount
signs, etc.); and
(V) Shall comply with all applicable lighting standards.
(d) The projector shall be concealed from view and either:
(I) Located entirely on private property; or
(II) Hung under an awning, canopy, eave, or arcade that is allowed to encroach over the right-
of-way by way of a revocable license.
(e) A Horizontal projected light sign shall not be displayed on the public sidewalk at the same time as a
sidewalk sign.
(2) Vertical Projected Light Signs. Vertical projected light signs are not allowed as permanent signs. See
Section 5.16.3 for the temporary use of vertical projected light signs.
(3) Operation. All projected light signs shall contain static messages only. Animated, dissolve, or fade
transitions are not allowed.
(I) Restoration or Reconstruction of Historic Signs. The provisions of this subsection apply to buildings in the
Downtown sign district that are fifty (50) years or older, whether they are formally recognized as historic at
the local, state, or national level, or whether they are located within a designated historic district.
(1) A sign on a designated property, or a property determined to be eligible for designation on the National
Register of Historic Places, the State Register of Historic Properties, or as a Fort Collins Landmark, that may
not otherwise comply with the strict provisions of this Sign Code and has been approved by the Historic
Preservation Commission through a review of Chapter 14 of the City Code shall be permitted and shall not
be counted in sign area allowance for the property.
(2) A sign on a property which is not designated or individually eligible for designation on the National
Register of Historic Places, the State Register of Historic Properties, or as a Fort Collins Landmark, that may
not otherwise comply with the strict provisions of this Sign Code and is inspired by a historic sign on the
property and does not require a review through Chapter 14 of the City Code by the Historic Preservation
ARTICLE 5 – GENERAL DEVELOPMENT AND SITE DESIGN
5-143 | ARTICLE 5 | CITY OF FORT COLLINS – LAND USE CODE
Commission shall be reviewed by the Director. In approving such signs, the Director shall not condition
approval on changes in content and must find the following:
(a) The sign is not detrimental to the public good;
(b) The size and location of the sign are comparable to a historic sign of the property and the deviation
from the provisions of this Sign Code are nominal and inconsequential with the context of the
neighborhood;
(c) The sign is comparable to the quality, character and design of a historic sign of the property; and
(d) The sign shall not degrade the historic character of the neighborhood or convey a false sense of
history.
The Director may deny any sign application that does not meet all the standards of this Section. All signs
approved through Section 5.16.2(I) shall count towards the sign area allowance for the property.
(A) Applicability. The regulations contained in this Section 5.16.3 apply to temporary signs. The standards of this
Section are applied in conjunction with all other applicable standards.
(B) Standards for Attached Temporary Signs.
(1) Generally. The standards of this subsection apply to temporary signs that are attached to buildings.
Temporary signs that are not attached to buildings are subject to the standards of subsection (C), below.
Duration of display is limited by subsection (D).
(2) Attached Temporary Banners and Pennants. Attached temporary banners and pennants may only be
displayed provided a permit is obtained pursuant to Section 5.16.4(B)(2).
(3) Temporary Sign Covers. Temporary sign covers are permitted in all sign districts, provided that they are
used during a period not to exceed forty (40) days in which a new permanent sign or sign component is
being fabricated and such sign or sign component is permitted and installed in accordance with this Sign
Code.
(4) Temporary Window Signs.
(a) Temporary window signs are allowed in all locations where permanent window signs are allowed,
provided that the standards of Section 5.16.2(C) are met as to the combination of temporary and
permanent window signs.
(b) Temporary window signs shall be affixed to the window such that the fastener (e.g., tape) is not highly
visible, or shall be mounted vertically inside of the building for viewing through the window.
(C) Standards for Detached Temporary Signs.
(1) Generally. The standards of this subsection apply to temporary signs that are not attached to buildings.
Temporary signs that are attached to buildings are subject to the standards of subsection (B), above.
Duration of display is limited by subsection (D).
(2) Detached Temporary Signs. Detached temporary signs are allowed according to the standards in Table
(C), Detached Temporary Signs. Detached temporary sign types that are not listed in Table C (including but
not limited to inflatable signs) are not allowed. Detached banners and pennants may only be displayed
ARTICLE 5 – GENERAL DEVELOPMENT AND SITE DESIGN
5-144 | ARTICLE 5 | CITY OF FORT COLLINS – LAND USE CODE
provided a permit is obtained pursuant to subsection (E), below. Portable signs may only be displayed
provided a permit is obtained pursuant to the Code of the City of Fort Collins, Chapter 24, Article IV.
Duplex Residential
Buildings: Not
Duplex Residential
Buildings: Not
Duplex Residential
Buildings: Not
Residential
Buildings: Not
limited.
Multi-Unit
Residential
or fraction thereof
vehicular access
point.
Multi-Unit
Buildings: 1 per 20 ft.
of property frontage
or fraction thereof.
Residential Mixed
Use Buildings: 1 per
80 ft. of property
frontage or fraction
Residential Mixed
Use Buildings: 1 per
80 ft. of property
frontage or fraction
thereof.
Nonresidential and
Residential Mixed Use
Buildings: 1 per 80 ft.
of property frontage
or fraction thereof.
6 sf. 8 sf. 8 sf. 6 sf.
lines; 2 ft. from all
other signs.
lines; 2 ft. from all
other signs.
lines; 2 ft. from all
other signs.
lines; 2 ft. from all
other signs.
Must be installed in
permeable
landscaped area.
permeable
is at least 8 sf. in
horizontal
than 10 ft. from
vehicular access
Must be installed in
permeable
landscaped area that
and 2 ft. in any
horizontal dimension.
Must be installed in
permeable
is at least 8 sf. in
area and 2 ft. in any
horizontal
dimension.
Buildings: Not
1 per 600 ft. of
fraction thereof.
1 per 600 ft. of
property frontage or
fraction thereof,
of the property is at
least 2 acres;
properties that are
not display site signs.
fraction thereof,
provided that the
is at least 2 acres;
properties that are
less than 2 acres
Nonresidential and
Residential Mixed
Use Buildings: 1 per
property.
ARTICLE 5 – GENERAL DEVELOPMENT AND SITE DESIGN
5-145 | ARTICLE 5 | CITY OF FORT COLLINS – LAND USE CODE
Max. Sign Height 6 ft. 6 ft. 6 ft. 6 ft.
Allowed Lighting External, down
directional and
concealed light
directional and
concealed light
directional and
concealed light
directional and
concealed light
signs shall be
installed in
permeable
hardscaped areas
use areas and
least 5 ft. in every
signs shall be
installed in
permeable
hardscaped areas
use areas and
least 5 ft. in every
Where allowed, site
in permeable
landscaped areas or
hardscaped areas
other than vehicular
use areas and
sidewalks that are at
least 5 ft. in every
horizontal dimension
and at least 40 sf. in
area.
signs shall be
installed in
permeable
hardscaped areas
use areas and
least 5 ft. in every
Not allowed. Not allowed.
N/A. N/A.
N/A. N/A.
Swing signs shall be
are at least 4 ft. in
every horizontal
dimension and at
least 20 sf. in area.
installed in
permeable
landscaped areas
in every horizontal
dimension and at
1 per 100 ft. of
be clustered.
1 per 100 ft. of
be clustered.
1 per 100 ft. of
property frontage or
fraction thereof; may
be clustered.
Buildings: Not
Allowed.
Nonresidential
is present is present
permeable permeable
landscaped area
ARTICLE 5 – GENERAL DEVELOPMENT AND SITE DESIGN
5-146 | ARTICLE 5 | CITY OF FORT COLLINS – LAND USE CODE
permeable
landscaped area
with a radius that
3 ft. from the flag
landscaped area
with a radius that
3 ft. from the flag
from the flag pole. 3 ft. from the flag
pole.
(D) Duration of Display of Temporary Signs.
(1) Generally. The purpose of temporary signs is to display messages for a temporary duration. Temporary
signs shall not be used as a subterfuge to circumvent the regulations that apply to permanent signs or to
add permanent signage to a property in addition to that which is allowed by this Sign Code.
(2) Classification of Temporary Sign Materials. Temporary signs are constructed from a variety of materials
with varying degrees of durability. Common materials are classified in Table (D)(1), Classification of
Temporary Sign Materials.
✓✓✓
✓
✓
(3) Duration of Display.
(a) In general, a temporary sign shall be removed as of the earlier of the date that:
(I) It becomes an abandoned sign;
(II) It falls into disrepair (see Section 5.16.5); or
(III) The number of days set out in Table (D)(2), Duration of Temporary Sign Display by Material
Class, expires.
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Table Notes:
1 Alternatively, the sign type may be displayed for three hundred sixty (360) days every two (2) calendar
(b) Temporary required signs shall be removed as required by the applicable regulation.
(4) Administrative Interpretations. Materials for signage that are not listed in this subsection (D) may be
introduced into the market. When a material is proposed that is not listed in this subsection (D), the
Director shall determine the class of materials with which the new material is most closely comparable,
based on the new material's appearance, durability, and colorfastness. No temporary sign shall be
displayed for a longer period than a site sign constructed of class 5 material, regardless of the durability
material (although such a sign may be permissible as a permanent sign under Section 5.16.2).
(E) Banners and Pennants.
(1) Attached unframed banners, detached banners, and attached and detached pennants are allowed in any
zone district subject to the restrictions in below Table (E), provided that a permit is obtained from the
Director. The Director shall issue a permit for the display of banners and pennants only in locations where
the Director determines that such banners and pennants will not cause unreasonable annoyance or
inconvenience to adjoining property owners or other persons in the area and on such additional conditions
as deemed necessary to protect adjoining premises and the public. All banners and pennants shall be
removed on or before the expiration date of the permit. If any person, business or organization erects any
banners or pennants without receiving a permit, as herein provided, the person, business or organization
shall be ineligible to receive a permit for a banner or pennant for the remainder of the calendar year.
(2) Each business or non-profit entity or other organization, and each individual not affiliated with an entity or
organization, shall be eligible to display banners and pennants pursuant to a valid permit for a maximum of
forty (40) days per calendar year. A permitted banner may exceed the forty (40) days when there is City
authorized construction work in the portion of public right-of-way abutting the property, until such time as
all applicable construction materials, equipment and fencing is removed from the right-of-way.
(3) The Director shall review a banner or pennant permit application within two (2) business days to determine
completeness. If it is complete, the Director shall approve or deny the application within three (3) business
days after such determination. If it is incomplete, the Director shall cause the application to be returned to
the applicant within one (1) business day of the determination, along with written reasons for the
determination of incompleteness.
(4) Notwithstanding the size and time limitations contained in Table E in the Downtown sign district:
(a) In conjunction with a special event permit, three (3) banners larger in size than forty (40) square feet
may be displayed for fifteen (15) days.
(b) The Director may approve a temporary banner permit application upon the Director’s determination
that:
(I) The banner display is not detrimental to the public good;
(II) The banner does not project into the right-of-way;
(III) The banner is attached to a building thirty (30) feet or greater in height;
(IV) The banner is mounted flush with the building wall;
(V) The banner is on the side of building that fronts a right-of-way or public plaza;
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(VI) There is no more than fifteen (15) square feet of permanent signage on the side of the
building on which the banner is to be displayed;
(VII) The banner does not cover more than one (1) architecturally distinct window;
(VIII) No feather flags are displayed on the property;
(IX) Only one (1) banner is displayed at a time;
(X) The banner does not exceed six (6) feet in width and twenty-five (25) feet in height; and
(XI) The banner is displayed no more than a four (4) consecutive month period.
1
not more than 3
1
Buildings: Not
Allowed.
Nonresidential
40 sf. 40 sf. 40 sf. Buildings: N/A
Nonresidential
None.
banners may be
None. None.
unframed: 1 per
1 per 100 ft. of
secured to
temporary
construction (may
be clustered).
unframed: 1 per
1 per 100 ft. of
secured to
temporary
construction (may
be clustered).
Either framed or
unframed: 1 per
1 per 100 ft. of
property frontage if
construction fencing
related to permitted
clustered).
Not allowed.
40 sf. 40 sf. 40 sf. 40 sf.
6 ft. 6 ft. 6 ft. 6 ft.
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freestanding banner
frames)
(5) For banners and pennants in all sign districts, the following shall apply:
(a) Mounting hardware shall be concealed from view;
(b) Banners shall be stretched tightly to avoid movement in windy conditions;
(c) All banners that are installed in banner frames shall be sized to fit the banner frame so that there are no
visible gaps between the edges of the banner and the banner frame;
(d) Banners are not allowed if any of the following are present on the property: feather flag, yard sign, site
sign, or swing sign; and
(e) Any common line of pennants must be stretched tightly to avoid movement in windy conditions.
(F) Vertical Projected Light Signs.
(1) Vertical projected light signs may be used in connection with a temporary special event, during the term of
the temporary special event. Such special events may include, but are not limited to, Art in Public Places
events or Downtown Development Authority Alley Enhancement Projects.
(2) The projected image of a vertical projected light signs is limited to nonresidential and mixed-use
properties, but is not limited by zoning district.
(3) The projected image shall not fall onto a surface with a high degree of specular reflectivity, such as
polished metal or glass. The image shall be positioned to harmonize with the architectural character of the
building(s) to which it is projected, and shall avoid any projection, relief, cornice, column, window, or door
opening.
(4) The projected image shall not exceed fifteen (15) square feet if any portion of it is on a first story building
wall or on a structure that is not a building, or thirty (30) square feet if all of the image is above the first
story of a building, except that a projected image may occupy one hundred (100) percent of the side or
rear wall area of a building in the Downtown sign district, provided that the building is within the
Downtown Development Authority's Alley Enhancement Project and the building wall does not face a
vehicular right-of-way.
(5) The path of the projection shall not cross public rights-of-way or pedestrian pathways at a height of less
than seven (7) feet.
(6) Vertical projected light signs shall contain static messages only, and animated, dissolve, or fade transitions
are prohibited.
(7) Vertical projected light signs are subject to the illumination standards of Section 5.16.1(I) unless the City
determines that additional illumination will be permitted because it will pose no material detrimental
effects on neighboring properties or public rights-of-way due to the location and/or timing of the display.
Such determination, and allowable illumination levels, shall be specified in the permit that allows the
vertical projected light sign.
(A) Nonconforming Signs.
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(1) Nonconforming signs shall be maintained in good condition and no such sign shall be:
(a) structurally changed to another nonconforming sign, although its content may be changed;
(b) structurally altered in order to prolong the life of the sign;
(c) altered so as to increase the degree of nonconformity of the sign; or
(d) enlarged.
(2) Except as provided in subsection (A)(3), below, 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
seven (7) years after the effective date of such annexation; provided, however, that during said seven (7)
year period, such signs shall be maintained in good condition and shall be subject to the same limitations
contained in subparagraphs (A)(1)(a) through (f), above. This subsection shall not apply to off-premises
signs that are subject to the just compensation provisions of the Federal Highway Beautification Act and
the Colorado Outdoor Advertising Act.
(3) 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 shall be altered so that such
flashing, moving, blinking, chasing, or other animation effects shall cease within sixty (60) days after such
annexation, and all existing portable signs, vehicle-mounted signs, banners, and pennants located on
property annexed to the City shall be removed or made to conform within sixty (60) days after such
annexation.
(4) Historic signs shall be considered conforming for the purposes of this Section. The Director may designate
a sign as an historic sign if:
(a) the applicant provides documentation that the sign has been at its present location for a minimum of
fifty (50) years;
(b) the sign is structurally safe or capable of being made structurally safe without substantially altering its
historic character. The property owner is responsible for making all structural repairs and restoration of
the sign to its original condition; and
(c) the sign is representative of signs from the era in which it was constructed and provides evidence of the
historic use of the building or premises.
Additionally, a sign shall be considered historic if the HPC through a review of Chapter 14 of the City Code
as approved the historic nature of the sign.
(B) Administration.
(1) All sign permit applications shall be accompanied by detailed drawings indicating the dimensions, location,
and engineering of the particular sign, plat plans when applicable, and the applicable processing fee.
(2) The Director shall review the sign permit application within two (2) business days after receipt to
determine if it is complete. If it is complete, the Director shall approve or deny the application within three
(3) business days after such determination. If it is incomplete, the Director shall cause the application to be
returned to the applicant within one (1) business day of the determination, along with written reasons for
the determination of incompleteness.
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5.16.5 SIGN MAINTENANCE
(A) Maintenance Standards. Signs and sign structures of all types (attached, detached, and temporary) shall be
maintained according to the following standards:
(1) Paint and Finishes. Paint and other finishes shall be maintained in good condition. Peeling finishes shall be
repaired. Signs with running colors shall be repainted, repaired, or removed if the running colors were not a
part of the original design.
(2) Mineral Deposits and Stains. Mineral deposits and stains shall be promptly removed.
(3) Corrosion and Rust. Permanent signs and sign structures shall be finished and maintained to prevent
corrosion and rust. A patina on copper elements (if any) is not considered rust.
(4) Damage. Permanent signs that are damaged shall be repaired or removed within one (1) year, of being
damaged unless the damage creates a material threat to public safety, in which case the Chief Building
Official may order prompt repair or removal. Temporary signs that are obviously damaged (e.g., broken
yard signs) shall be removed within twenty-four (24) hours of being damaged.
(5) Upright, Level Position. Signs that are designed to be upright and level, whether temporary or permanent,
shall be installed and maintained in an upright and level position. Feather flag poles shall be installed in a
vertical position. Signs that are not upright and level shall be removed or restored to an upright, level
position.
(6) Code Compliance. The sign must be maintained in compliance with all applicable building, electrical, and
property maintenance codes (including any exceptions that may apply to existing sign structures).
(B) Quality of Repairs. Repairs to signs shall be equal to or better in quality of materials and design than the
original sign.
(C) Altering or Moving Existing Signs.
Any alteration to an existing sign structure (except for alterations to changeable copy, replacement of a
panel in a cabinet sign, replacement of a light source with a comparably bright light source, application of
paint or stain) shall require a new permit pursuant to Section 5.16.4(B) prior to commencement of the
alteration. Alterations requiring a new permit shall include, without limitation:
(a) Changes to the area of manual changeable copy center on a sign, including the installation of a new
manual changeable copy center where one was not previously present;
(b) Changing the size of the sign;
(c) Changing the shape of the sign;
(d) Changing the material of which the sign is constructed;
(e) Changing or adding lighting to the sign (except as provided above);
(f) Changing the location of the sign; or
(g) Changing the height of the sign.
No sign permit is required for removal of sign displays from supporting structures for maintenance,
provided that they are replaced on the same support in the same configuration and the maintenance did
not involve work that requires a permit.
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DIVISION 5.1 7 WATER ADEQUACY DETERMINATIONS
5.17.1 PURPOSE.
(A) The general purpose of this Division is to establish the standards and procedures by which the adequacy
of proposed water supplies for development are reviewed and determined pursuant to C.R.S. § 29-20-
301, et seq. The specific purposes are to:
(1) Fulfill the C.R.S. § 29-20-303(1) requirement that the City "shall not approve an application for a
development permit unless it determines in its sole discretion, after considering the application and
all of the information provided, that the applicant has satisfactorily demonstrated that the proposed
water supply will be adequate.";
(2) Protect public health, safety, and welfare by ensuring that the water supplies for developments are
adequate;
(3) Ensure that growth and development in the City occur in a planned and coordinated manner;
(4) Ensure that the City is provided with reliable information concerning the adequacy of developments'
proposed water supplies to inform the City, in the exercise of its discretion, in the approval of
development applications and permits;
(5) Promote safe, efficient, and economic use of public resources in developing and providing water;
and
(6) Ensure City participation in the review and approval of development plans that pass through and
impact City residents, businesses, neighborhoods, property owners, and resources.
This Division shall apply to all development, or redevelopment, that requires new, expanded, or increased
water use, whether potable or non-potable, within the incorporated municipal boundaries of the City. No
such development or redevelopment shall be approved and allowed to proceed unless the Director has
determined that the proposed water supply for the development or redevelopment is adequate.
(1) Temporary non-potable water supply systems to establish native vegetation are exempt from these
requirements if the term of use is three (3) consecutive years or less and identified as such on an
approved landscape plan.
(2) Except as stated in Subsection 5.17.5(D), the modification of standards review set forth in Division
6.8 shall not apply to this Division 5.17
Application Timing. An applicant seeking a water adequacy determination shall file an application with
the Director pursuant to this Division at the same time as submitting an application for final plan or basic
development review, as outlined in Divisions 2.5 and 2.18, unless the application timing is altered pursuant
to the following:
Upon written request at the time of application, the Director may defer the timing of an
application for a water adequacy determination for potable or non-potable water until
submittal with a development construction permit (Division 2.6) if the Director determines
such timing will not substantially interfere with or otherwise make it more difficult to
determine whether the proposed water supply is adequate.
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(2) Upon written request at the time of application, the Director may defer the timing of an
application for a water adequacy determination for potable water until submittal with a
building permit (Division 2.7), if the provider is an established potable water supply entity and
the Director determines such timing will not substantially interfere with or otherwise make it
more difficult to determine whether the proposed water supply is adequate.
Separate Applications. The applicant shall file separate applications for water adequacy determinations
for each portion of the development served by different water supply entities or water supply systems
unless the Director determines that a single combined application can fully describe and provide needed
information and be effectively analyzed. Subsequent sections in this Division provide distinctions in the
evaluation process for established potable water supply entities, other potable water supply entities, and
non-potable water supply entities.
Material Changes. The City shall make a determination that a proposed water supply is adequate only
once for each portion of a development served by a different potable or non-potable water supply
entities or water supply systems during the development review process unless the water demands or
supply of the portion of the development for which approval is sought are materially changed. The
Director shall determine whether changes to the water demands or supply for any development or
redevelopment are material and require a new water adequacy determination. The Director's
determination that a material change has occurred is not subject to appeal pursuant to the Land Use Code
or Code of the City of Fort Collins.
Application After Director Denial. If the Director denies an application for a water adequacy
determination, the applicant may submit another application at any time, subject to applicable fees, that
addresses the stated reason or reasons for denial.
Application Requirements.
(1) Requests under this Section shall include a letter as described in Subsection (a), unless
exempted pursuant to Subsection (b).
A letter prepared by a registered professional engineer or by a water supply expert from
the established potable water supply entity that contains the following information:
(I) An estimate of the water supply requirements for the proposed development
through build-out conditions;
(II) A description of the established potable water supply entity's water supply system
and the physical source(s) of water supply that will be used to serve the proposed
development. If the proposed source(s) includes groundwater, this description must
include water quality test results and results of an analysis into the potential impact
on water treatment processes or the quality of delivered potable water;
(III) An estimate of the amount of water yield projected from the proposed water supply
system and water rights portfolio under various hydrologic conditions;
(IV) Water conservation and/or water demand management measures, if any, that may
be implemented within the proposed development;
(V) Results from analyses performed demonstrating the ability for the proposed water
supply to meet demands of the proposed development under various hydrologic
conditions;
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(VI) An affidavit signed by the entity manager attesting that to the best of their
knowledge, the entity is in compliance with all applicable regulations; and
(VII) Such other information as may be required by the Director in order to determine
whether the proposed water supply will be adequate.
All letters shall be provided to City Council for informational purposes only and kept on file with
the City's Community Development and Neighborhood Services Department. At the established
potable water supply entity's discretion, the letter may describe their entire service area and be
submitted for a determination once updated as required based on any material changes to any of
the requirements in this Section or in their reported supply as described in Subsection 5.17.3 (C).
If the letter describes the entire service area, then the entity does not need to resubmit the
approved letter with each letter as outlined in Subsection 5.17.4(A)(2) but should be referenced
within the letter content in addition to what is outlined in Subsection 5.17.4(A)(2).
(b) The letter described in Subsection (a) shall not be required if the established potable water
supply entity has a water supply plan, or other plans that cumulatively provide the information,
that:
(I) Has been reviewed and updated, if appropriate, within the previous ten (10) years by
the governing board of the established potable water supply entity;
(II) Has a minimum twenty-year planning horizon;
(III) Lists the water conservation measures, if any, that may be implemented within the
service area;
(IV) Lists the water demand management measures, if any, that may be implemented
within the development or service area;
(V) Includes a general description of the established potable water supply entity's water
obligations, such as a general description of customer demands and operational water
delivery obligations, such as augmentation requirements and return flow obligations;
(VI) Includes a general description of the established potable water supply entity's water
supply system and water rights portfolio; and
(VII) Includes an affidavit signed by the entity manager attesting that, to the best of their
knowledge, the entity is in compliance with Colorado Primary Drinking Water
Regulations, 5 CCR 1002-11.
All water supply plans, or other plans that cumulatively provide the information required above
shall be provided to City Council for informational purposes only and kept on file with the City's
Community Development and Neighborhood Services Department. The Director may defer
providing the Council with any water supply plan or other plans until such time as the established
potable water supply entity updates their existing water supply plan. Once the plan, or plans, are
on file, they do not need to be resubmitted with each letter as outlined in Subsection 5.17.4(A)(2)
but should be referenced within the letter content in addition to what is outlined in Subsection
5.17.4(A)(2).
(2) Requests for a water adequacy determination for all or portions of a development to be served with
potable water by an established potable water supply entity shall be in a form as required by the Director.
Such requests shall include a letter prepared by a registered professional engineer or by a water supply
expert from the established potable water supply entity:
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(a) Identifying the portions of a development to be served with potable water by the established
potable water supply entity;
(b) Stating its ability to provide an adequate water supply for the proposed development;
(c) Stating it is willing to commit to provide an adequate water supply for the proposed
development including any conditions of the commitment; and
(d) Providing the length of time the letter is valid for should the proposed development not occur
immediately.
Review of Application. The Director shall promptly review the application and associated materials
concurrently with the required Final Plan, Basic Development Review, Development Construction Permit,
or Building Permit application.
Standards. To issue a determination that a proposed water supply is adequate under this Section, the
Director must find that the statements in the application and associated materials are complete, correct,
and reliable.
Decision.
(1) Based upon the information provided by the applicant and developed by the City and any consultants,
the Director shall issue all water adequacy determinations pursuant to this Section in writing including
specific findings and shall either:
(a) Approve the application finding that the proposed water supply is adequate;
(b) Approve the application with conditions finding the proposed water supply is adequate
provided the conditions are met; or
(c) Deny the application finding that the proposed water supply is inadequate.
(2) All water adequacy determinations shall become part of the plan set for the associated development
application, if approved. The Director shall maintain a record of all information submitted or developed
upon which any water adequacy decision was based, and that record shall become part of the associated
development application.
(3) The Director may impose conditions of approval that when met, as determined by the Director, will bring
the proposed water supply into compliance with all applicable standards set forth in this Section. No
building permit may be issued until all conditions have been met.
(4) The Director's decision is not subject to appeal pursuant to the Land Use Code or Code of the City of Fort
Collins.
Application Requirements for Other Potable Water Supply Entities. Applications for a water adequacy
determination for all or portions of a development to be served with potable water by other potable water
supply entities shall be in a form as required by the Director. Such applications shall include all of the
following:
(1) A summary document linking the information to the standard of review.
(2) Report including information required under Section 29-20-304(1), C.R.S.:
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(a) An estimate of the water supply requirements for the proposed development through build-
out conditions;
(b) A description of the potable water supply entity's water supply system and the physical source
of water supply that will be used to serve the proposed development. This should include
water quality test results and proposed methods of water treatment from a registered
professional engineer or water supply expert;
(c) A description of all elements of the water rights portfolio either owned or planned for
acquisition required for proposed water supply;
(d) An estimate of the amount of water yield projected from the proposed water supply under
various hydrologic conditions;
(e) Water demand management measures, if any, that may be implemented within the
development to account for hydrologic variability; and
(f) Description of all water conservation measures to be applied in the development and how they
would be enforced and effectuated.
(3) Financial documentation establishing that the proposed provider is able to create the proposed water
supply system and maintain it in perpetuity.
(4) A fee assessment describing the proposed water rates and fees for the new system and how those fees
compare with those charged by the established potable water supply entities. This assessment should
include consideration of any metro district, homeowners' or property owners' association, or other taxes
or fees that are also uniquely applicable to the proposed development to be served by the other potable
water supply entity.
(5) Approval documentation from other regulatory agencies such as CDPHE. At the Director's discretion, this
information may substitute in whole or in part for the application requirements set forth in this Section. If
additional approvals will be required, provide an explanation of how those approvals will be obtained, and
at the Director's discretion, the additional approvals may be required as conditions of approval.
(6) Detailed process diagrams stamped by a registered professional engineer on any proposed water
treatment processes as well as how any waste products created from the treatment process will be
properly disposed of.
(7) Such other information as may be required by the Director in order to determine whether the proposed
water supply will be adequate.
(8) An other potable water supply entity with an approved ODP or PUD Overlay as outlined in Division
2.3 and Division 2.15 that includes the entire proposed service area, may at either the other potable water
supply entity's, or Director's discretion, submit an application that describes their entire proposed service
area once with the initial phase of development and then update the initial determination with a letter
from a professional engineer for each subsequent phase with the information required in
Subsection 3.13.4(A)(2); or as required based on any material changes to:
(a) Any of the requirements set forth in this Section;
(b) The reported water supply as set forth in Section 3.13.3(C); or
(c) The proposed development, as determined by the Director.
Review of Application.
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(1) Agreement on Costs. Prior to the City reviewing any application under this Section, the applicant shall
agree in writing to reimburse the City for all costs associated with reviewing the application and
associated materials, including costs associated with consultants hired to assist the Director's review. No
water adequacy determination shall be issued unless and until all such costs have been paid to the City.
The fee assessed by the City shall not exceed the cost of the review and administration of the review
process.
(2) Review.
(a) The Director shall review the materials provided by the applicant following the completion of
the agreement identified in Subsection 3.13.5(B)(1). The time needed for the Director's review
shall be based on the complexity of the application, the proposed water supply, and proposed
water supply system.
(b) Following the submission of the application, the Director shall be entitled to require any such
additional or supplemental information from the applicant as may be required to review and
ensure compliance with all review criteria.
(c) The review will be completed concurrently with the required Final Plan, Basic Development
Review, Development Construction Permit, or any plan amendments as specified in Section 3.
Standards. To issue a water adequacy determination under this Section, the Director must find that the
application and associated materials establish that:
(1) The quality of the proposed potable water supply will be sufficient for build-out of the proposed
development by:
(a) Providing potable water to the development of a quality that meets or exceeds all state and
federal water quality standards;
(b) Providing potable water to the development of a quality equal to or better than the quality of
potable water provided by the City of Fort Collins as measured by appropriate water quality
aspects; and
(c) Establishing and maintaining a water supply entity that has the technical expertise and
resources to maintain the quality of the water supply for the lifetime of the development.
(2) The quantity of the proposed potable water supply will be sufficient for build-out of the proposed
development by:
(a) Relying upon a renewable and/or sustainable physical supply of water, that takes into account
any impacts if multiple users have rights to use water from a single source, such as an aquifer;
(b) Having ability to acquire a water rights portfolio that provides a permanent firm yield equal to
or greater than the maximum assumed demand in all hydrological conditions, including a
modeled one-in-fifty-year drought or equivalent or more stringent standard, when taking into
consideration reasonable transit and other losses and all applicable obligations, including
augmentation requirements and return flow obligations; and
(3) For lands to be served by tributary groundwater, establishing that the plan for augmentation will operate
to provide a permanent firm yield equal to or greater than the maximum assumed demand in all
hydrological conditions, including a modeled one-in-fifty-year drought or equivalent or more stringent
standard, when taking into consideration reasonable losses and all applicable obligations, including
augmentation requirements and return flow obligations for the lifetime of the development.
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(4) The dependability of the proposed potable water supply will be sufficient for build-out of the proposed
development by:
(a) Establishing that the water supply system includes sufficient redundancy equal to or better
than the redundancy of the City of Fort Collins system;
(b) If the water supply system includes a water treatment facility, include the class of facility and
treatment processes and provide information that the level of operations is equivalent or
better as required by CDPHE, and demonstrate how the facility operators will ensure they have
the technical expertise and resources to operate the treatment facility dependably and
sustainably in a manner that is economical, safe, and that does not produce any harmful by-
products;
(c) Establishing that the water supply system and water rights portfolio can operate during water
supply shortages and emergencies, including infrastructure issues, natural disasters, and long-
term climate change; and
(d) Establishing and maintaining a water supply entity that can oversee and maintain the water
supply system and water rights portfolio for the lifetime of the development.
(5) The availability of the proposed potable water supply will be sufficient for build-out of the proposed
development by:
(a) Establishing the applicant has, or has the ability to acquire, the necessary property rights and
resources to build and operate the proposed water supply system;
(b) For lands to be served by tributary groundwater, establishing that the proposed use of the
tributary groundwater is sustainable with evidence of assured supply for the lifetime of the
development; and
(c) For lands within the water service area of an established potable water supply entity,
establishing that the lands to be served by the other potable water supply entities have been
removed from the water service area of the established potable water supply entity; or the
established potable water supply entity consents to the proposed service by the other potable
water supply entity. The Director may, however, waive this requirement if an established
potable water supply entity is incapable of providing a reasonable level of service to the
proposed development.
Modification of Standards. If a potable water supply entity cannot meet the standards set forth above in
Subsection 5.17.5(C), with the exception of 5.17.5(C)(5)(c) which shall not be subject to modification, then
they may seek a modification of standards pursuant to Division 6.8 with the Director as the designated
decision maker. In addition to the four (4) standards set forth in Section 6.8.2(H) for granting a
modification, the Director may also grant a modification if such modification would not be detrimental to
the public good and the standard as modified is comparable to an existing standard already being
employed by another established potable water supply entity. The Director's decision regarding a
requested modification of standards is not subject to appeal pursuant to the Land Use Code or Code of the
City of Fort Collins.
Decision.
(1) Based upon the information provided by the applicant and developed by the City and any consultants, the
Director shall issue all water adequacy determinations in writing including specific findings and shall
either:
(a) Approve the application finding that the proposed water supply is adequate;
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(b) Approve the application with conditions finding the proposed water supply is adequate
provided the conditions are met; or
(c) Deny the application finding that the proposed water supply is inadequate.
(2) All water adequacy determinations shall become part of the plan set for the associated development
application, if approved. The Director shall maintain a record of all non-privileged information submitted
or developed upon which the water adequacy determination was based for the proposed water supply
and proposed water supply system, and that record shall become part of the associated development
application.
(3) The Director may impose conditions of approval that when met, as determined by the Director, will bring
the proposed water supply into compliance with all applicable standards set forth in this Section,
including conditions that the applicant acquire the required water right decrees and water contracts for
the water supply system; and/or the applicant completing construction of all infrastructure for the water
supply system. No building permit may be issued until all conditions have been met.
(4) The Director's decision is not subject to appeal pursuant to the Land Use Code or Code of the City of Fort
Collins.
(5) The Director shall require a disclosure, recorded by the Larimer County Clerk, to be provided at the time
of all property sales or transfers that the water supply for the development is being provided by the
approved entity.
Application Requirements for Non-Potable Water Supplies. Applications for a water adequacy
determination for all or portions of a development to be served with non-potable water shall include all of
the following:
(1) Summary document linking the information to the standard of review.
(2) Report including information required under Section 29-20-304(1), C.R.S.:
(a) An estimate of the water supply requirements for the proposed development through build-
out conditions;
(b) A description of the water supply system and physical source of water supply that will be used
to serve the proposed development. This description must include water quality test results
and results of an analysis investigating any limitations of use due to poor quality;
(c) A description of all elements of the water rights portfolio either owned or planned for
acquisition, contracts, and/or IGAs required for the proposed water supply;
(d) An estimate of the amount of water yield projected from each proposed water supply source
under various hydrologic conditions. For surface water sources, this should include results of
an analysis of historical temporal availability of the proposed supplies throughout the year,
annual volumetric yield, and the frequency and flow rate of deliveries. For groundwater
sources, this should include descriptions of the decreed place of use, flow rate, and annual
volumetric limits, and their temporal availability of the proposed supplies throughout the year,
including any augmentation requirements;
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(e) Water demand management measures, if any, that may be implemented within the
development to account for hydrologic variability; and
(f) Description of all water conservation measures to be applied in the development and how they
would be enforced and effectuated. At a minimum, smart controllers and flow meters are
required per the Land Use Code.
(3) Financial documentation showing that the proposed provider is able to create the proposed water supply
system and maintain it in perpetuity.
(4) A narrative describing how the entity plans to ensure compliance equal to or better than City water
conservation requirements including those outlined in Division 5.9.
(5) Approval documentation from other regulatory agencies, including the established potable water supply
entity whose service area contains the proposed non-potable system when applicable. At the Director's
discretion, this information may substitute in whole or in part for the application requirements set forth in
this Section.
(6) Such other information as may be required by the Director.
Review of Application.
(1) Agreement on Costs. Prior to the City reviewing any application under this Section, the applicant shall
agree in writing to reimburse the City for all costs associated with reviewing the application and
associated materials, including costs associated with consultants hired to assist the Director's review. No
water adequacy determination shall be issued unless and until all such costs have been paid to the City.
The fee assessed by the City shall not exceed the cost of the review and administration of the review
process.
(2) Review.
(a) The Director shall review the materials provided by the applicant following the completion of
the agreement identified in Subsection 5.17.6(B)(1). The length of the Director's review shall be
based on the complexity of the application, the proposed water supply, and proposed water
supply system.
(b) Following the submission of the application, the Director shall be entitled to require any such
additional or supplemental information from the applicant as may be required for the Director's
review.
(c) Applications for water adequacy determinations for Non-potable systems shall be submitted at
the same time as Development Construction Permit for review.
Standards. To issue a water adequacy determination under this Section, the Director must find that the
application and associated materials establish that:
(1) The quality of the proposed non-potable water supply will be sufficient for build-out of the proposed
development by providing non-potable water to the development of a quality sufficient to meet all
planned landscape needs and other intended non-potable water uses shown in the approved landscape or
utility plans;
(2) The quantity of the proposed non-potable water supply will be sufficient for build-out of the proposed
development by:
(a) Relying upon a renewable and/or sustainable physical supply of water;
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(b) Having a water rights portfolio that provides a permanent firm yield equal to or greater than
the maximum daily water requirement (accounting for typical conveyance and irrigation and
other inefficiencies) under various hydrological conditions, including a modeled one-in-fifty-
year drought or equivalent or more stringent standard, when taking into consideration all
applicable obligations, including augmentation requirements and return flow obligations; and
(c) For lands to be served by tributary groundwater, establishing that the plan for augmentation
will operate to provide a permanent firm yield equal to or greater than the maximum assumed
demand under various hydrological conditions, including a modeled one-in-fifty-year drought
or equivalent or more stringent standard, when taking into consideration all applicable
obligations, including augmentation requirements and return flow obligations.
(3) The dependability of the proposed non-potable water supply will be sufficient for build-out of the
proposed development by:
(a) If the non-potable water supply system includes treatment, establishing that the treatment can
and will operate sustainably in a manner that is economical, safe, and that does not produce
any harmful by-products; and
(b) Establishing and maintaining a water supply entity that has the technical expertise and
resources to oversee and maintain the non-potable water supply system.
(4) The availability of the proposed water supply will be sufficient for build-out of the proposed development
by:
(a) Establishing the applicant has, or has the ability to acquire, the necessary property rights and
resources to build and operate the proposed non-potable water supply system; and
(b) For lands to be served by tributary groundwater, establishing that the proposed use of the
tributary groundwater is sustainable with evidence of assured supply for the lifetime of the
development.
Decision.
(1) Based upon the information provided by the applicant and developed by the City and any consultants, the
Director shall issue all water adequacy determinations in writing including specific findings and shall
either:
(a) Approve the application finding that the proposed water supply is adequate;
(b) Approve the application with conditions finding the proposed water supply is adequate
provided the conditions are met; or
(c) Deny the application finding that the proposed water supply is inadequate.
(2) The written determination shall be included in the plan set for the associated development application, if
approved. The Director shall maintain a record of all non-privileged information developed to review the
proposed water supply and proposed water supply system and that record shall become part of the
associated development application.
(3) The Director may impose conditions of approval that when met, as determined by the Director, will bring
the proposed water supply into compliance with all applicable standards set forth in this Section,
including conditions that the applicant acquire the required water right decrees and water contracts for
the water supply system. No building permit may be issued until all conditions have been met.
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(4) The Director's decision is not subject to appeal pursuant to the Land Use Code or Code of the City of Fort
Collins.