HomeMy WebLinkAboutArticle 6 Administration and Procedures - 11/13/2025
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ART CLE 6
ADMINISTRATION
and PROCEDURES
6-0 I ARTICLE 6 1 CITY OF FORT COLLINS -LAND USE CODE
CITY OF FORT COLLINS -LAND USE CODE
TABLE OF CONTENTS
DIVISION 6.1 ZONING MAP AND ZONE DISTRICTS
6.1.1 Establishment of zone districts
6.1 .2 Establishment of zoning map
6.1.3 Establishment of zone district and development standards
DIVISION 6.2 GENERAL PROCEDURAL REQUIREMENTS
6.2.1 Overview of decision makers and administrative bodies
6.2 .2 Overview of development review procedures
6.2 .3 Types of development applications
6.2.4 Effect of development application approval
6.2 .5 Dedications and vacations
6.2 .6 Optional pre-application review
DIVISION 6.3 COMMON DEVELOPMENT REVIEW PROCEDURES FOR
DEVELOPMENT APPLICATIONS
6.3 .1 Step 1: Conceptual review/preliminary design review
6.3 .2 Step 2: Neighborhood meetings
6.3.3 Step 3: Development application submittal
6.3 .4 Step 4: Review of applications
6.3 .5 Step 5: Staff report
6.3.6 Step 6: Notice
6.3 .7 Step 7: Public hearing
6.3 .8 Step 8 : Standards
6.3.9 Step 9: Conditions of approval
6.3.10 Step 10 : Amendments and changes of use
6.3 .11 Step 11 : Lapse
6.3.12 Step 12: Appeals/ Alternate review
DIVISION 6.4 BASIC DEVELOPMENT REVIEW
6.4.1 Purpose and applicability
6.4.2 Minor subdivisions
6.4.3 Basic Development Review and Minor Subdivision review procedures
DIVISION 6.5 OVERALL DEVELOPMENT PLAN
6.5.1 Purpose and applicability
6.5.2 Overall Development Plan review procedures
DIVISION 6.6 PROJECT DEVELOPMENT PLAN
6.6.1 Purpose and applicability
6.6.2 Project Development Plan review procedures
DIVISION 6.7 FINAL PLAN
6.7.1 Purpose and applicability
6.7.2 Final Plan review procedures
DIVISION 6.8 MODIFICATION OF STANDARDS
6.8.1 Purpose and applicability
6.8.2 Modification review procedures
DIVISION 6.9 ADDITION OF PERMITTED USES
6.9.1 Addition of permitted uses
DIVISION 6.10 ANNEXATION AND DISCONNECTION OF LAND
6.10.1 Compliance with state law
6.10.2 Petitions for annexation and annexation plats
6.10.3 Hearing and report by Planning and Zoning Commission
6.10.4 Annexation of uses not legally permitted
6.10.5 Effective date of annexation
6.10.6 Application for disconnection, enactment, and filing
DIVISION 6.11 SITE PLAN AND ADVISORY REVIEW
6.11.1 Purpose and applicability
6.11.2 Site Plan Advisory Review procedures
DIVISION 6.12 CITY PROJECTS
DIVISION 6.13 BUILDING PERMITS
6.13.1 Purpose
6.13.2 Applicability
6.13.3 Building permit review procedures
DIVISION 6.14 VARIANCES
6.14.1 Purpose and applicability
6.14.2 Variances by the Director
6.14.3 Variances by the Land Use Review Commission
6.14.4 Variance review procedures
DIVISION 6.15 REASONABLE ACCOMODATION PROCESS
DIVISION 6.16 NONCONFORMING USES AND STRUCTURES
6.16.1 Continuation of use
6.16.2 Change of use
6.16.3 Abandonment of use
6.16.4 Reconstruction
6.16.5 Enlargement of building and expansion of facilities, equipment, or structures
6.16.6 Alteration or repair of building
6.16.7 Accessory Dwelling Unit exemption
DIVISION 6.17 EXISTING LIMITED PERMITTED USES
6.17.1 Purpose and applicability
6.17.2 Continuation of use
6.17.3 Change of use
6.17.4 Reconstruction
6.17.5 Enlargement of building and expansion of facilities, equipment, or structures
6.17.6 Alteration or repair of building
6.17.7 Abandonment of use
6.17.8 Accessory Dwelling Unit exemption
DIVISION 6.18 APPEAL FROM ADIMINSTRATIVE DECISIONS TO THE LAND
USE REVIEW COMMISSION
6.18.1 Purpose and applicability
6.18.2 Administrative appeal review procedures
DIVISION 6.19 VESTED RIGHTS AND TAKINGS DETERMINATIONS
6.19.1 Purpose
6.19.2 Administrative process/hearing officer
6.19.3 Application
6.19.4 Determination of completeness
6.19.5 Review and determination or recommendation by Director and City Attorney
6.19.6 Review and determination by Hearing Officer
6.19.7 Issuance of determination by Hearing Officer
6.19.8 Appeal to the City Council
6.19.9 Waiver of time limits
6.19.10 Criteria for vested rights
6.19.11 Criteria for takings
DIVISION 6.20 PREEMPTION USES
6.20.1 Preemption uses
DIVISION 6.21 PROJECT STOCKPILING PERMITS AND DEVELOPMENT
CONSTRUCTION PERMITS
6.21.1 Purpose
6.21.2 Applicability
6.21.3 Stockpiling permit and development construction permit review procedures
DIVISION 6.22 EXPANSIONS AND ENLARGEMENTS OF EXISTING
BUILDINGS
6.22.1 Expansions and enlargements of existing buildings
DIVISION 6.23 ABANDONMENT PERIOD/RECONSTRUCTION OF
PERMITTED USES
6.23.1 Permitted uses: abandonment period/reconstruction of permitted uses
DIVISION 6.24 INTERPRETATIONS
6.24.1 Authority
6.24.2 Initiation
6.24.3 Procedures
6.24.4 Rules for interpretation of boundaries
6.24.5 Cases not covered by Section 6.24.4
6.24.6 Division of a lot of record by a boundary
6.24.7 Nonregulated land transfers
6.24.8 Continuity of zoning
6.24.9 Rules of construction for text
DIVISION 6.25 AMENDMENT TO TEXT OF CODE AND/OR ZONING MAP
6.25.1 Purpose
6.25.2 Applicability
6.25.3 Initiation
6.25.4 Text and map amendment review procedures
DIVISION 6.26 ENFORCEMENT
6.26.1 Methods of enforcement
6.26.2 Permits and certificates of occupancy
6.26.3 Inspection
6.26.4 Criminal and civil liability; penalties
6.26.5 Liability of City and injunction
6.26.6 Enforcement of the requirements and conditions of development approval
DIVISION 6.27 GUIDELINES AND REGULATIONS FOR AREAS AND
ACTIVITIES OF STATE INTEREST
Section 6.27.1 INTRODUCTORY AND GENERAL PROVISIONS
Section 6.27.2 PROCEDURE FOR DESIGNATION OF MATTERS OF ST ATE INTEREST
Section 6.27.3 DESIGNATED ACTIVITIES OF ST ATE INTEREST
Section 6.27.4 EXEMPTIONS
Section 6.27.5 PERMIT AUTHORITY
Section 6.27.6 PERMIT APPLICATION PROCEDURES
Section 6.27.7 COMMON REVIEW STANDARDS
Section 6. 27.8 SITE SELECTION AND CONSTRUCTION OF MAJOR NEW DOMESTIC
WATER AND SEWAGE TREATMENT SYSTEMS AND MAJOR EXTENSIONS OF SUCH
SYSTEMS
Section 6.27.9 SITE SELECTION OF ARTERIAL HIGHWAYS AND INTERCHANGES
AND COLLECTOR HIGHWAYS
Section 6.27.10 FINANCIAL SECURITY
Section 6. 27.11 SUSPENSION OR REVOCATION OF PERMITS
Section 6.27.12 REVIEW, RENEWAL, AMENDMENT, TRANSFER
Section 6.27.13 ENFORCEMENT
Section 6.27.1 INTRODUCTORY AND GENERAL PROVISIONS
Section 6.27.1.1 Title and Citation
Section 6.27.1.2 Purpose and Findings
Section 6.27.1.3 Authority
Section 6.27.1.4 Applicability
Section 6.27.1.5 Permit Required; Allowed Use Not Required; Stay On Issuance of
Easements and Other Permits
Section 6.27.1.6 Relationship of Regulations to Other City, State and Federal
Requirements
Section 6.27.1.7 Maps
Section 6.27.1.8 Severability
Section 6.27.1.8 Definitions
Section 6.27.2 PROCEDURE FOR DESIGNATION OF MATTERS OF ST ATE INTEREST
Section 6.27.2.1 City Council to Make Designations
Section 6.27.2.2 Public Hearing Required
Section 6.27.2.3 Notice of Public Hearing; Publication
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(1) Purpose and Effect. The areas and activities of state interest guidelines and regulations set forth in
Article 6 are adopted pursuant to Section 24-65.1-101, et seq., C.R.S., and provide the City with the
ability to review and regulate matters of state interest. A permit issued pursuant to Article 6 is required
in order for a proposed development plan related to a designated activity or within a designated area
of state interest to be constructed and operate.
(2) Applicability. A permit to conduct a designated activity or to develop within a designated area of state
interest within the City is required for all proposed development plans meeting the criteria set forth in
Division 6.27 unless an exemption exists pursuant to Section 6.27.4.1 or a finding of no significant
impact is issued pursuant to Section 6.27.6.5.
One (1) mile to
owners of record
and occupants of
real property
(exclusive of
property rights-of-
way, public
facilities, parks or
public open
space); plus, with
respect to
neighborhood
meetings,
publication of a
notice not less
than seven (7)
days prior to the
meeting in a
newspaper of
general
circulation in the
City.
(4)
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A R TICL E 6 -ADMINISTRATION & PROCEDURES
SECTION 6.27.1 INTRODUCTORY AND GENERAL PROVISIONS
6.27 .1.1 Title and Citation
6.27 .1.2 Purpose and Findings ; Scope
6.27 .1.3 Authority
6.27 .1.4 Applicability
6.27 .1.5 Permit Required ; Allowed Use Not Required ; Stay On Issuance of Easements and Other Permits
6.27 .1.6 Relationship of Regulations to other City , State and Federal Requirements
6.27 .1.7 Maps
6.27 .1.8 Severability
6.27 .1.9 Definitions
SECTION 6 .27.2 PROCEDURE FOR DESIGNATION OF MATTERS OF STATE INTEREST
6.27 .2.1 City Council to Make Designations
6.27 .2.2 Public Hearing Required
6.27 .2.3 Notice of Public Hearing ; Publication
6.27 .2.4 Matters to be Considered at Designation Hearing
6.27 .2.5 Adoption of Designation and Regulations
6.27 .2.6 Effect of Notice of Designation -Moratorium until Final Determination
6.27 .2.7 Mapping Disputes
SECTION 6.27 .3 DESIGNATED ACTIVITIES OF STATE INTEREST
6.27 .3.1 Designated Areas and Activities of State Interest
SECTION 6.27.4 EXEMPTIONS
6.27.4 .1 Exemptions
SECTION 6 .27.5 PERMIT AUTHORITY
6.27.5 .1 Permit Authority Established
SECTION 6.27 .6 PERMIT APPLICATION PROCEDURES
6.27 .6.1 Preliminary Design Review
6.27 .6.2 Application Fee ; Financial Security Waiver
6.27 .6.3 Pre-Application Area or Activity Review
6.27 .6.4 FONSI Public Comment Period
6.27 .6.5 Determination of Applicability of Regulations-FONSI
6.27 .6.6 Neighborhood Meeting
6.27 .6.7 Application Submission Requirements
6.27 .6.8 Determination of Completeness
6.27 .6.9 Referral Agencies
6.27 .6.10 Simultaneous Processing of Associated Development Applications
6.27 .6.11 Combined Application for Multiple Activities or Development in More than One Area of State
Interest.
6.27 .6.12 Permit Decision Making Procedures
6.27 .6.13 Conduct of Permit Hearings
6.27 .6.14 Approval or Denial of Permit Application
6.27 .6.15 Issuance of Permit, Conditions
6-75 I ARTICLE 6 I CITY OF FORT COLLINS -LAND USE CODE
A R TICL E 6 -ADMINISTRATION & PROCEDURES
SECTION 6.27.7 COMMON REVIEW ST AND ARDS
6 .27 .7.1 Review Standards for All Applications
SECTION 6. 27.8 SITE SELECTION AND CONSTRUCTION OF MAJOR NEW DOMESTIC WATER AND
SEWAGE TREATMENT SYSTEMS AND MAJOR EXTENSIONS OF SUCH SYSTEMS
6 .27 .8 .1 Applicability
6 .27 .8 .2 Purpose and Intent
6 .27 .8 .3 Specific Review Standards for Major New Domestic Water or Sewage Treatment Systems or Major
Extensions
SECTION 6.27.9 SITE SELECTION OF ARTERIAL HIGHWAYS AND INTERCHANGES AND COLLECTOR
HIGHWAYS
6 .27 .9 .1 Applicability
6 .27 .9 .2 Purpose and Intent
6 .27 .9 .3 Specific Review Standards Specific Review Standards for Arterial Highway , Interchange or Collector
Highway Projects
SECTION 6.27.10 FINANCIAL SECURITY
6 .27 .10 .1 Financial Security
SECTION 6. 27.11 SUSPENSION OR REVOCATION OF PERMITS
6 .27 .11 .1 Suspension or Revocation of Permits
SECTION 6.27 .12 REVIEW, RENEWAL, AMENDMENT, TRANSFER
6 .27 .12 .1 Annual Review ; Progress Reports
6 .27 .12 .2 Permit Renewal
6 .27 .12 .3 Permit Amendment
6 .27 .12.4 Minor Revision Not Constituting a Material Change
6 .27 .12.5 Transfer of Permits
6 .27 .12 .6 Inspection
SECTION 6.27 .13 ENFORCEMENT
6 .27 .13 .1 Enforcement
6-76 I ARTICLE 6 I CITY OF FORT COLLINS -LAND USE CODE
A R TICL E 6 -ADMINISTRATION & PROCEDURES
Arterial highway shall mean any limited access highway that is part of the federal-aid interstate
system, any limited access highway constructed under the supervision of the Colorado Department
of Transportation , or any private toll road constructed or operated under the authority of a private
toll road company . Arterial highway does not include a city street or local service road or a county
road designed for local service and constructed under the supervision of local government.
Collector highway shall mean a major thoroughfare serving as a corridor or link between
municipalities , unincorporated population centers or recreation areas , or industrial centers, and
constructed under guidelines and standards established by, or under the supervision of, the Colorado
Department of Transportation . Collector highway does not include a city street or local service road
or a county road designed for local service and constructed under the supervision of local
government.
Collector sewer shall mean a network of pipes and conduits through which sewage flows to an
interceptor main and/or a sewage treatment plant.
Cumulative impacts shall mean the impact on the environment and cultural impacts which result from
the incremental impact of the development plan when added to other present, and reasonable future
actions .
Designation shall mean only that legal procedure specified by Section 24-65 .1-401 , et seq ., C.R.S ., and
carried out by the City Council.
Disproportionately impacted community or DIC shall mean a community that is in a census block
group where the proportion of households that are low income , that identify as minority, or that are
housing cost-burdened is greater than 40% as such terms are defined in Section 24-4-109(2)(b)(II),
C.R.S., as amended.
Domestic water and sewage treatment system shall mean a wastewater treatment facility, water
distribution system , or water treatment facility , as defined in Section 25-9-102(5), (6) and (7), C.R.S .,
and any system of pipes , structures and facilities through which wastewater is collected for treatment.
Finding of no significant impact (or FONS!) shall mean the decision by the Director as to whether a
potential impact is not significant based on the scale and context of the proposed development plan
as well as the magnitude , duration or likelihood of an impact occurring .
High priority habitat shall mean habitat areas identified by City Natural Areas or Colorado Parks and
Wildlife where measures to avoid , minimize , and mitigate impacts to wildlife have been identified to
protect breeding, nesting, foraging, migrating, or other uses by wildlife . Maps showing, and spatial
data identifying , the individual and combined extents of the high priority habitats are provided by
Colorado Parks and Wildlife and City Natural Areas .
Highways shall mean state and federal highways .
Historic and cultural resource shall mean a site , structure, or object, including archeological features,
located on a lot, lots , or area of property and is (1) designated as a Fort Collins landmark ; (2) a
contributing resource to a designated Fort Collins landmark district; (3) designated on the State
Register of Historic Properties or National Register of Historic Places ; or (4) determined to be eligible
for designation as a Fort Collins landmark .
6-81 I ARTICLE 6 1 CITY OF FORT COLLINS -LAND USE CODE
A R TICL E 6 -ADMINISTRATION & PROCEDURES
SECTION 6.27.12.2 PERMIT RENEWAL
Permits issued under these Regulations may be renewed following the same procedure for approval
of new permits except the renewal process shall not include the Director's FONSI review pursuant to
Section 6.27 .6.5 .
SECTION 6.27.12.3 PERMIT AMENDMENT
The Director shall require a permit amendment for any material change , as determined by the
Director , in the construction, use , or operation of an approved development plan from the terms and
conditions of an approved permit. The amendment shall be processed in accordance with and subject
to the same procedures and requirements set forth herein for a permit except that the Director 's
FONSI review pursuant to Section 6.6.5 shall not occur .
SECTION 6 .27.12.4 MINOR REVISION NOT CONSTITUTING A MATERIAL CHANGE
The permittee may apply to the Director for minor revisions to an issued permit to correct errors or
make other changes to conform the permit to actual conditions to the extent such minor revision is
not a material change to the permit as determined by the Director. The Director is granted discretion
to approve such minor revisions or to determine that a permit amendment is required pursuant to
Section 6.27 .12 .3. In reviewing a requested minor revision or revisions , the Director shall consider the
request in the context of previously approved minor revisions to determine whether in the aggregate ,
the requested minor revision or revisions constitute a material change .
SECTION 6 .27.12.5 TRANSFER OF PERMITS
A permit may be transferred only upon the Director's written consent. The Director must ensure in
approving any transfer that the proposed transferee can and will comply with all the requirements ,
terms , and conditions contained in the permit and these regulations ; that such requirements , terms ,
and conditions remain sufficient to protect the health , welfare , and safety of the public ; and that an
adequate guarantee of financial security can be made .
SECTION 6.27.12 .6 INSPECTION
The Director in their sole discretion is empowered to cause the inspection of any development,
operation , or decommissioning activities related to a permit, including on or off-site mitigation
activities, to ensure compliance with such permit and applicable laws and regulations . The permittee
shall provide reasonable access to property for which the permittee has the authority to do so and
shall make good faith efforts to coordinate access for other property . To the extent such inspection
is ongoing or otherwise subject to advance planning , the Director shall consult with the permittee to
coordinate inspection to minimize potential disruptions. The Director may retain a third-party
consultant to conduct such inspections , including a consultant with specialized knowledge or training ,
and the cost of all such inspections shall be the responsibility of the permittee . The inspections
provided for under this Section are in addition to Section 6.26 .3.
SECTION 6 .27.13 ENFORCEMENT
6.27 .13 .1 Enforcement
SECTION 6.27 .13.1 ENFORCEMENT
Any person engaging in development in a designated area of a state interest or conducting a
designated activity of state interest who does not first obtain a permit pursuant to these Regulations ,
6-111 I ARTICLE 6 1 CITY OF FORT COLLINS -LAND USE CODE