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ARTICLE 3
GENERAL DEVELOPMENT STANDARDS

TABLE OF CONTENTS

Division 3.1 General Provisions

3.1.1 Applicability

3.1.2 Relation to Zone District Standards (Article 4)

Division 3.2 Site Planning and Design Standards

3.2.1 Landscaping and Tree Protection

3.2.2 Access, Circulation and Parking

3.2.3 Solar Access, Orientation, Shading

3.2.4 Site Lighting

3.2.5 Trash and Recycling Enclosures

Division 3.3 Engineering Standards

3.3.1 Plat Standards

3.3.2 Development Improvements

3.3.3 Water Hazards

3.3.4 Hazards

3.3.5 Engineering Design Standards

Division 3.4 Environmental, Natural Area, Recreational and Cultural Resource Protection Standards

3.4.1 Natural Habitats and Features

3.4.2 Air Quality

3.4.3 Water Quality

3.4.4 Noise and Vibration

3.4.5 Hazardous Materials

3.4.6 Glare or Heat

3.4.7 Historic and Cultural Resources

3.4.8 Parks and Trails

3.4.9 Health Risks

Division 3.5 Building Standards

3.5.1 Building and Project Compatibility

3.5.2 Residential Building Standards

3.5.3 Mixed-Use, Institutional and Commercial Buildings

3.5.4 Large Retail Establishments

3.5.5 Convenience Shopping Center

Division 3.6 Transportation and Circulation

3.6.1 Master Street Plan

3.6.2 Streets, Streetscapes, Alleys, and Easements

3.6.3 Street Pattern and Connectivity Standards

3.6.4 Transportation Level of Service Requirements

3.6.5 Transit Facilities Standards

3.6.6 Emergency Access

Division 3.7 Compact Urban Growth Standards

3.7.1 General

3.7.2 Contiguity

3.7.3 Adequate Public Facilities

Division 3.8 Supplementary Regulations

3.8.1 Accessory Buildings, Structures and Uses

3.8.2 Family-Care Homes

3.8.3 Home Occupations

3.8.4 Child Care Center Regulations

3.8.5 Small Animal Veterinary Clinic and Hospital Regulations

3.8.6 Group Home Regulations and Shelter for Victims of Domestic Violence

3.8.7 Signs

3.8.8 Lots

3.8.9 Yards

3.8.10 Single-Family and Two-Family Parking Requirements

3.8.11 Fences and Walls

3.8.12 Adult-Oriented Uses

3.8.13 Wireless Telecommunication

3.8.14 Preemption Uses

3.8.15 Housing Model Variety

3.8.16 Occupancy Limits; Increasing the Number of Persons Allowed

3.8.16 Occupancy Limits; Increasing the Number of Persons Allowed (effective 1/1/07)

3.8.17 Building Height

3.8.18 Residential Density Calculations

3.8.19 Setback Regulations

3.8.20 Expansions and Enlargements of Existing Buildings

3.8.21 Soil Amendments

3.8.22 Dog Day Care Facility Regulations

3.8.23 Mobile Home Park Regulations

3.8.24 Composting

3.8.25 Permitted Uses: Abandonment Period/Reconstruction of Permitted Uses

3.8.26 Residential Buffering

3.8.27 Performance Standards for Small Scale ReceptionCenter in the U-E, Urban Estate District

3.8.28 Extra Occupancy Rental House Regulations

3.8.29 Outdoor Vendor Regulations

3.8.30 Multi-Family Dwelling Development Standards

3.8.31 Urban Agriculture

3.8.32 Solar Energy Systems

Division 3.9 Development Standards for the I-25 Corridor

3.9.1 Applicability and Purpose

3.9.2 Location of Single-Family Residential Lots From I-25

3.9.3 Building Placement Standards

3.9.4 Landscaping Standards

3.9.5 Commercial Building Design Standards

3.9.6 Block Pattern for Activity Centers

3.9.7 Service Areas, Outdoor Storage and Mechanical Equipment

3.9.8 Fencing and Walls

3.9.9 Wireless Telecommunication

3.9.10 Height

3.9.11 Minimum Residential Density in Activity Centers

3.9.12 Corridor Activity Center Design Standards

Division 3.10 Development Standards for the Transit-Oriented Development (TOD) Overlay Zone

3.10.1 Applicability and Purpose

3.10.2 Permitted Uses

3.10.3 Site Planning

3.10.4 Streetscape and Pedestrian Connections

3.10.5 Character and Image

Division 3.11 Development Standards for the South College Gateway Area

3.11.1 Applicability and Purpose

3.11.2 Setback Area

3.11.3 Site Planning

3.11.4 Character and Image


DIVISION 3.1 GENERAL PROVISIONSGo to the top

Sections:

3.1.1 Applicability

3.1.2 Relation to Zone District Standards (Article 4)

3.1.1 ApplicabilityGo to the top

All development applications and building permit applications shall comply with the applicable standards contained in Divisions 3.1 through 3.9, except that single-family dwellings and extra occupancy rental houses that are subject only to basic development review under Article 4, as well as any accessory buildings, structures and accessory uses associated with such single-family dwellings and extra occupancy rental houses, need to comply only with: (A) the standards contained in Article 4 for the zone district in which such uses are located; (B) the standards contained in Division 3.8; and (C) with respect to extra occupancy rental houses, the standards contained in Section 3.2.2(K)(1)(j). In addition to the foregoing, this Land Use Code shall also apply to the use of land following development to the extent that the provisions of this Land Use Code can be reasonably and logically interpreted as having such ongoing application.

(Ord. No. 59, 2000 §11, 6/6/00; Ord. No. 204, 2001 §§1, 11, 12/18/01; Ord. No. 120, 2003 §1, 9/2/03; Ord. No. 198, 2004 §3, 12/21/04; Ord. 123, 2005 §3, 11/15/05)

3.1.2 Relation to Zone District Standards (Article 4)Go to the top

In the event of a conflict between a standard or requirement contained in Article 3 and Article 4, the standard in Article 4 shall prevail.


DIVISION 3.2 SITE PLANNING AND DESIGN STANDARDSGo to the top

Sections:

3.2.1 Landscaping and Tree Protection

3.2.2 Access, Circulation and Parking

3.2.3 Solar Access, Orientation, Shading

3.2.4 Site Lighting

3.2.5 Trash and Recycling Enclosures

3.2.1 Landscaping and Tree ProtectionGo to the top

(A) Applicability. This Section shall apply to all development (except for development on existing lots for single-family detached dwellings) within the designated "limits of development" ("LOD") and natural area buffer zones established according to Section 3.4.1 (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 shading to reduce glare and heat build-up, contribute to visual quality and continuity within and between developments, provide screening and mitigation of potential conflicts between activity areas and site elements, enhance outdoor spaces, reduce erosion and stormwater runoff, encourage water conservation and mitigate air pollution.

(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 3.2.2. 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 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.

Full tree stocking shall mean formal or informal groupings of trees planted according to the following spacing dimensions:

Tree Type
Minimum/Maximum Spacing
Canopy shade Trees
30'-40'
Coniferous evergreens
20'-30'
Ornamental trees
20'-30'

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 in connection with the development by one (1) or more of the methods described in subparagraphs (a) through (c) 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.

(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.

Number of trees on site
Maximum percentage of any one species
10-19
50%
20-39
33%
40-59
25%
60 or more
15%

 

(4) Tree Species and Minimum Sizes. The Director 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):

Type
Minimum Size
Canopy Shade Tree 2.0" caliper balled and burlapped or equivalent
Evergreen Tree 6.0' height balled and burlapped or equivalent
Ornamental Tree 1.5" caliper balled and burlapped or equivalent
Shrubs 5 gallon or adequate size consistent with design intent
Canopy Shade Tree
as a street tree on a
Residential Local
Street Only
1.25" caliper container or equivalent

 

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:

Type
Minimum Size
Canopy Shade Tree 1.0" caliper container or equivalent
Evergreen Tree 4.0' height container or equivalent
Ornamental Tree 1.0" caliper container or equivalent
Shrubs 1 gallon
Canopy Shade Tree
as a street tree on a
Local or Collector
Street only
1.25" caliper container or equivalent

 

(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.

(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;

(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. 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.

(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. To the extent reasonably feasible, all landscape plans shall be designed to incorporate water conservation materials and techniques in order to comply with each of the Xeriscape landscaping principles listed below. Xeriscape landscaping principles do not include or allow artificial turf or plants, mulched (including gravel) beds or areas without landscape plant material, paving of areas not required for walkways, plazas or parking lots, bare ground, weed covered or infested surfaces or any landscaping that does not comply with the standards of this section.

(a) Xeriscape landscaping principles are as follows:

1. Design. Identify zones of different water requirements and group plants together that have similar water needs;

2. Appropriate Use of Turf. Limit high-irrigation turf and plantings to appropriate high-use areas with high visibility and functional needs;

3. Low-Water-Using Plants. Choose low-water-demanding plants and turf where practicable;

4. Irrigation. Design, operate and maintain an efficient irrigation system;

5. Soil Preparation. Incorporate soil amendments before planting;

6. Mulch. Add mulch to planting beds to a minimum depth of three (3) inches;

7. Maintenance. Provide regular and attentive maintenance.

(b) Landscape plans submitted shall include:

1. Accurate and clear identification of all applicable hydrozones using the following categories:

High Hydrozone:

18 gallons/s.f./season

Moderate Hydrozone:

10 gallons/s.f./season

Low Hydrozone:

3 gallons/s.f./season

Very Low Hydrozone:  

0 gallons/s.f./season

2. A water budget chart that shows the total annual water use, which shall not exceed fifteen (15) gallons/square foot over the site, including all hydrozones used on the landscape plan.

(4) Parking Lot Perimeter Landscaping. Parking lot perimeter landscaping (in the minimum setback areas required by Section 3.2.2(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. As required in Section 3.2.2(M)(1) Access, Circulation and Parking, 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:

(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.

Figure 1
Interior Landscaping for Vehicular Use Areas

 

(d) Walkways and Driveways. Connecting walkways through parking lots, as required in subsection 3.2.2(B)(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 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.

(e) Parking bays shall extend no more than fifteen (15) parking spaces without an intervening tree, landscape island or landscape peninsula.

(f) 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.

(a) 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 5) 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 Section 3.2.1(E)(5)(c).

(F) Tree Protection and Replacement. Existing significant trees within the LOD and within natural area 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 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 schedule and requirements. Replacement trees shall be used to satisfy the tree planting standards of this Section. Replacement trees shall be planted either on the development site or in the closest available and suitable planting site. 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 mitigation trees are not available within one-half (½) mile (2,640 feet) of the development, then the planting site shall be selected within one (1) mile (5,280 feet) of the development site. If suitable planting sites are not available for all of the mitigation trees within one (1) mile (5,280 feet) of the development site, then the City Forester shall determine the most suitable planting location within the City's boundaries as close to the development site as feasible.

(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 value of the removed significant tree. Notwithstanding the foregoing, significant Siberian elm and Russian olive trees located in a natural habitat buffer found to contain ecological value, as provided in paragraph 3.4.1(D)(1) of this Code, shall be mitigated in accordance with subparagraph 3.4.1(E)(2)(b) of this Code. The applicant shall select either the City Forester or a qualified landscape appraiser to determine such loss based upon an appraisal, including, but not limited to, shade, canopy, aesthetic, environmental and ecological value of the tree to be removed and by using the species and location criteria in the most recent published appraisal guide by the Council of Tree and Landscape Appraisers. Replacement trees shall meet the following minimum size requirements:

(a) Canopy Shade Trees: 3.0" caliper balled and burlap or equivalent.

(b) Ornamental Trees: 2.5" 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:

(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 less than eight (8) inches DBH;

(d) Russian olive and Siberian elm of wild or volunteer origin, such as those that have sprouted from seed along fence lines, near structures or in other unsuitable locations;

(e) Russian olive and Siberian elm determined by the City Forester to be in poor condition.

(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 should be followed to the maximum extent feasible for all projects with protected existing trees.

(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 standards.

(3) Prior to and during construction, barriers shall be erected around all protected existing trees with such barriers to be of orange 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. There shall be no storage or movement of equipment, material, debris or fill within the fenced tree protection zone.

(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.

Tree Diameter at Breast Height (inches)
Auger Distance From Face of Tree (feet)
0-2
1
3-4
2
5-9
5
10-14
10
15-19
12
Over 19
15

 

(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;

(12) establishing spatial definition.

(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 3.8.21.

(2) Plant Materials. Plant materials shall be selected from a list of native plants and other plants determined to be appropriate for and well adapted to local environmental conditions, as such list is established and updated from time to time by the Director and entitled the City of Fort Collins Plant List. Additional plants may be added to the Plant List upon a determination by the Director that such plants are appropriate for inclusion consistent with the above standard.

(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.

(J) Irrigation.

(1) Provision shall be made for permanent, automatic irrigation of all plant material, with the following exceptions:

(a) very low-water-use plantings that do not require any supplemental irrigation beyond establishment.

(b) trees and other plants used to landscape a residential local street parkway abutting lots for single-family detached dwellings.

(2) For any development provided water by the City, an irrigation plan shall be submitted to and approved by the Utilities Executive 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.

1. The irrigation system shall be designed according to the hydrozones shown on the landscape plan.

2. 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.

3. Turf and non-turf areas shall be irrigated on separate zones.

4. 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.

5. Drip, micro-sprays, sprayheads and rotors shall not be combined on the same zone.

6. 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.

1. In order 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.

2. 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.

3. Irrigation controllers shall be "smart" controllers, using climate-based or soil moisture-based technology, selected from the Irrigation Association's current Smart Water Application Technologies (SWAT) tested products list or other similarly tested product list. Controllers shall be installed and programmed according to manufacturer's specifications.

a. A data input chart for the Smart Controller, including the precipitation rate from the audit, shall be posted at each irrigation controller.

b. Within six (6) weeks of the installation of new landscaping, the irrigation system Smart Controllers shall be reset to the normal seasonal watering schedule.

4. A rain sensor shall be installed on each irrigation controller and installed according to the manufacturer's specifications.

5. Sprinklers and nozzles shall meet the following requirements:

a. The type of sprinkler and associated nozzles shall be selected to correlate with the size and geometry of the zone being irrigated.

b. 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.

c. 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.

d. Sprinklers, bubblers or emitters on a zone shall be of the same manufacturer.

e. Sprayheads in turf areas shall have a minimum three-and-one-half-inch pop-up riser height.

f. Sprayheads on a zone shall have matched precipitation nozzles.

g. Nozzles for rotors shall be selected to achieve an approximate uniform precipitation rate throughout the zone.

h. All sprayheads and rotors shall be equipped with check valves. Sprayheads shall also have pressure-regulating stems.

6. 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.

7. Remote control valves shall have flow control.

8. 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.

9. 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.

1. 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.

2. The sleeving material beneath sidewalks, drives and streets shall be PVC Class 200 pipe with solvent welded joints.

(d) Water Pressure.

1. The irrigation system designer shall verify the existing available water pressure.

2. 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.

3. 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.

4. All rotary sprinklers and multi-stream rotary nozzles on pop-up spray bodies shall operate at the manufacturer's specified optimum performance pressure.

5. 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.

6. 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.

1. 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.

2. The audit shall include measurement of distribution uniformity. Minimum acceptable distribution uniformities shall be sixty (60) percent for sprayhead zones and seventy (70) percent for rotor zones. Sprinkler heads equipped with multi-stream rotary nozzles are considered rotors.

3. The audit shall measure the operating pressure for one (1) sprinkler on each zone to determine whether the zone meets the above pressure requirements.

4. 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 2.)

Figure 2
Tree/Streetlight Separations

Figure 2 - 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 3.4.1(E)(2) (Development Activities Within the Buffer Zone) and subsection 3.2.1(F) (Tree Protection and Replacement).

(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 first 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 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 preserves and incorporates existing vegetation in excess of minimum standards, protects natural areas and features, maximizes tree canopy cover, enhances neighborhood continuity and connectivity, fosters nonvehicular access, or demonstrates innovative design and use of plant materials and other landscape elements.

(Ord. No. 90, 1998, 5/19/98; Ord. No. 228, 1998 §92, 12/15/98; Ord. No. 165, 1999 §14, 11/16/99; Ord. No. 59, 2000 §§12, 13, 6/6/00; Ord. No. 186, 2000 §2, 1/2/01; Ord. No. 107, 2001 §§17, 18, 6/19/01; Ord. No. 177, 2002 §7, 12/17/02; Ord. No. 091, 2004 §§6—8, 6/15/04; Ord. No. 104, 2006 §6, 7/18/06; Ord. No. 073, 2008 §4, 7/1/08; Ord. No. 066, 2009 §§5—9, 7/7/09; Ord. No. 080, 2011, §2, 9/6/2011; Ord. No. 051, 2012 §8, 7/17/12; Ord. No. 014, 2013 §§1,2, 2/19/13; Ord. No. 041, 2013 §1, 3/19/13; Ord. No. 092, 2013 §6, 7/16/13; Ord. No. 086, 2014 §31, 7/1/14)

3.2.2 Access, Circulation and ParkingGo to the top

(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 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. 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 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.

Examples & Explanations

(C) Development Standards. All developments shall meet the following standards:

(1) Safety Considerations. To the maximum extent feasible, pedestrians shall be separated from vehicles and bicycles.

(a) Where complete separation of pedestrians 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 pedestrians and bicyclists share walkways, the pedestrian/bicycle system shall be designed to be wide enough to easily accommodate the amount of pedestrian 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 physically disabled, 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 City's 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 bicycling as an alternative means of transportation. 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-family 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.

(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.

Use Categories
Bicycle Parking Space Minimums

% Enclosed Bicycle Parking/
% Fixed Bicycle Racks

Residential and Institutional Parking Requirements
Multi-Family Residential
1 per bedroom
60%/40%
Fraternity and Sorority Houses
1 per bed
60%/40%
Group Homes
No requirement
n/a
Recreational Uses
1/2,000 sq. ft., minimum of 4
0%/100%
Schools/Places of Worship or Assembly and Child Care Centers
1/3,000 sq. ft., minimum of 4
0%/100%
Small Scale Reception Centers in the U-E, Urban Estate District
1/4,000 sq. ft., minimum of 4
0%/100%
Extra Occupancy Rental Houses
1 per bed
0%/100%
Nonresidential Parking Requirements
Restaurants
a. Fast food
b. Standard

1.5/1,000 sq. ft., minimum of 4
1/1,000 sq. ft., minimum of 4

0%/100%
0%/100%
Bars, Taverns and Nightclubs
1/500 sq. ft., minimum of 4
0%/100%
Commercial Recreational
1/2,000 sq. ft., minimum of 4
20%/80%
Theaters
1/30 seats, minimum of 4
0%/100%
General Retail
1/4,000 sq. ft., minimum of 4
20%/80%
Personal Business and Service Shop
1/4,000 sq. ft., minimum of 4
20%/80%
Shopping Center
1/4,000 sq. ft., minimum of 4
20%/80%
Medical Office
1/4,000 sq. ft., minimum of 4
20%/80%
Financial Services
1/4,000 sq. ft., minimum of 4
20%/80%
Grocery Store, Supermarket
1/3,000 sq. ft., minimum of 4
20%/80%
General Office
1/4,000 sq. ft., minimum of 4
20%/80%
Vehicle Servicing and Maintenance
4
n/a
Low Intensity Retail, Repair Service, Workshop and Custom Small Industry
4
n/a
Lodging Establishments
1 per 4 units
60%/40%
Health Facilities
1/5,000 sq. ft., minimum of 4
20%/80%
Industrial: Employee Parking
4
n/a

(c) 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.

1. 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.

2. Review Criteria. To approve an alternative plan, the decision maker must first 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.

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 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 pedestrian access to cross drive aisles or internal roadways, the pedestrian crossing shall emphasize and place priority on pedestrian access and safety. The material and layout of the pedestrian 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 pedestrian 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

Pedestrian Crossings

Figure 3 - Pedestrian Crossings

(6) Direct On-Site Access to Pedestrian and Bicycle Destinations. The on-site pedestrian and bicycle circulation system must be designed to provide, or allow for, direct connections to major pedestrian and bicycle destinations including, but not limited to, 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 pedestrian 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 pedestrian and bicycle travel from the development to major pedestrian 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 a sidewalk from the end of a cul-de-sac to another street or walkway, may be required.

(7) Off-Site Access to Pedestrian and Bicycle Destinations. Off-site pedestrian or bicycle facility improvements may be required in order to comply with the requirements of Section 3.2.2(E)(1) (Parking Lot Layout) and Section 3.6.4 (Transportation Level of Service Requirements).

(8) Transportation Impact Study. In order to identify those facilities that may be required in order to comply with these standards, all development plans must submit a Transportation Impact Study approved by the Traffic Engineer, which study shall be prepared in accordance with the Transportation Impact Study 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) Pedestrian/Vehicle Separation. To the maximum extent feasible, pedestrians and vehicles shall be separated through provision of a sidewalk or walkway. Where complete separation of pedestrian 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.

(3) Location. Only off-street parking areas provided to serve uses permitted in a zone district predominated by residential uses will be allowed in such district.

(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:

1. 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

2. an alternative location is approved by the Director.

(b) Guest Parking. Off-street guest parking spaces in multi-family 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.

(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, pedestrians 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 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. To the maximum extent feasible, 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 to 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.

(b) Parking bays shall be landscaped in accordance with the requirements contained in subsection 3.2.1(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. In no case shall shared parking include the parking required for residential uses.

(H) Drive-in Facilities. Any drive-in facilities, if permitted by the zone district regulations set forth in Article 4, 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 pedestrian/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:

 

Minimum average of
entire landscaped setback
area
(feet)
Minimum width of setback
at any point
(feet)

Along an arterial street

15
5

Along a nonarterial street

10
5

Along a lot line 1

5
5

 

(K) Parking Lots - Required Number of Off-Street Spaces for Type of Use. 2

(1) Residential and Institutional Parking Requirements. Residential and institutional uses shall provide a minimum number of parking spaces as defined by the standards below.

(a) Attached Dwellings: For each two-family and multi-family dwelling there shall be parking spaces provided as indicated by the following table:

Number of Bedrooms/Dwelling Unit
Parking Spaces Per Dwelling Unit*
One or less
1.5
Two
1.75
Three
2.0
Four and above
3.0
 
* Spaces that are located in detached residential garages (but not including parking structures) or in attached residential garages, which attached garages do not provide direct entry into an individual dwelling unit, may be credited toward the minimum requirements contained herein only if such spaces are made available to dwelling unit occupants at no additional rental or purchase cost (beyond the dwelling unit rental rate or purchase price).

 

1. Multi-family 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:

Number of Bedrooms/Dwelling Unit
Parking Spaces Per Dwelling Unit *
One or less
1.1
Two
1.2
Three
1.4
Four and above
2.1

2. Alternative Compliance. Upon written request by the applicant, the decision maker may approve an alternative parking ratio, other than the minimum required in the TOD Overlay Zone per subparagraph 3.2.2(K)(1)(a)(1), 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. The request for alternative compliance must be accompanied by a Parking Analysis.

b. Parking Analysis. A Parking Analysis shall include the following:

1) Data related to expected parking demand based on project size, location, employees, units and/or bedrooms. To the extent reasonably feasible, comparable local and regional parking demand rates for similar uses shall be utilized together with the average demand rates for similar facilities compiled by the Institute of Transportation Engineers (ITE).

2) Data related to estimated nonvehicular mode usage shall be determined based on Transportation Impact Study analysis.

3) Identification of parking mitigation measures to be utilized (beyond nonvehicular mode usage and support). Specific measures to reduce on-site parking demand may include, but are not limited to:

a) Shared parking.

b) Off-site parking.

c) Parking pricing.

d) Transit pass program.

e) Unbundling parking spaces from residential dwelling units.

f) Rideshare, guaranteed ride home programs, car sharing, shuttle services.

g) Enhancements that encourage bicycle and pedestrian mobility.

h) Other verifiable parking demand reduction measures.

4) The number and location of parking spaces proposed to be removed as part of the project, if any.

5) Assignment of parking demand to proposed parking locations.

c. Review Criteria. To approve an alternative plan, the decision maker must first find that the proposed alternative plan accomplishes the purposes of this Section and the TOD Overlay Zone (3.10) 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 Analysis together with the proposed plan's compatibility with surrounding neighborhoods in terms of potential spillover parking.

(b) Multi-family, Attached or Two-Family Projects Developed with Internal Streets: Parking on an internal street fronting on a lot or tract containing multi-family, attached or two-family dwellings (except for mixed-use dwellings and single-family detached dwellings) may be counted to meet the parking requirements for the development.

(c) Single-Family Detached: For each single-family dwelling 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) Mobile Homes: For each mobile home in a mobile home park there shall be two (2) parking spaces per dwelling unit.

(e) Fraternity and Sorority Houses: For each fraternity or sorority house, there shall be two (2) parking spaces per three (3) bedrooms, plus one (1) parking space per two (2) employees.

(f) Group Homes: For each group home there shall be two (2) parking spaces for every three (3) employees, and in addition, one (1) parking space for each four (4) adult residents, unless residents are prohibited from owning or operating personal automobiles.

(g) 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.

(h) 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.

(i) Small Scale Reception Centers in the U-E, 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.

(j) Extra Occupancy Rental Houses: For each extra occupancy rental house, there shall be 0.75 (¾) parking space per tenant, rounded up to the nearest whole parking space, plus one (1) additional parking space if the extra occupancy rental house is owner-occupied. If the lot upon which such parking spaces are to be situated has more than sixty-five (65) feet of street frontage length on any one (1) street or abuts an alley, then each such parking space shall have direct access to the abutting street or alley and shall be unobstructed by any other parking space. If such lot has less than sixty-five (65) feet of street frontage length on any one (1) street and does not abut an alley, then one (1) of the required parking spaces may be aligned in a manner that does not provide direct access to the abutting street.

(2) Nonresidential Parking Requirements: Nonresidential uses will be limited to a maximum number of parking spaces as defined by the standards defined below.

(a) The table below sets forth the number of 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.

Use

Maximum Parking

Restaurants

a. Fast Food

b. Standard

 

15/1000 sq. ft.

10/1000 sq. ft.

Bars, Taverns, and Nightclubs

10/1000 sq. ft.

Commercial Recreational

a. Limited Indoor Recreation

b. Outdoor

c. Bowling Alley

 

6/1000 sq. ft.

.3/person cap

5/1000 sq. ft.

Theaters

1/3 seats

General Retail

4/1000 sq. ft.

Personal Business and Service Shop

4/1000 sq. ft.

Shopping Center

5/1000 sq. ft.

Medical Office

4.5/1000 sq. ft.

Financial Services

3.5/1000 sq. ft.

Grocery Store, Supermarket

6/1000 sq. ft.

General Office

3/1000 sq. ft. or
.75/employee on 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 a parking garage/structure

Vehicle Servicing & Maintenance

5/1000 sq. ft.

Low Intensity Retail, Repair Service, Workshop and Custom Small Industry

2/1000 sq. ft.

Lodging Establishments

1/unit

Health Facilities

a. Hospitals

b. Long-Term Care Facilities

 

1/bed

.33/bed
plus 1/two employees
on major shift

Industrial: Employee Parking

.75/employee

 

(b) For uses that are not specifically listed in subsections 3.2.2(K)(1) or (2), the number of parking spaces permitted shall be the number permitted for the most similar use listed.

(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 measurement established in the table contained in Section 3.2.2(K)(2)(a) for nonresidential land uses or the number of parking spaces based on use for recreational 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 either a traffic impact study containing a trip generation analysis or by other relevant data describing the traffic impacts of any proposed recreational or institutional land use or activity.

(b) Review Criteria. To approve an alternative plan, the decision maker must first 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:

1. does not detract from continuity, connectivity and convenient proximity for pedestrians between or among existing or future uses in the vicinity,

2. 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,

3. minimizes the visual and aesthetic impact on the surrounding neighborhood,

4. creates no physical impact on any facilities serving alternative modes of transportation,

5. creates no detrimental impact on natural areas or features,

6. maintains handicap parking ratios, and

7. for projects located in D, L-M-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.

(c) For recreational and institutional land uses that are required to provide a minimum 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 3.2.2(K)(3)(a) and 3.2.2(K)(3)(b), and in addition, must demonstrate:

1. that there will be no dispersal of spillover parking onto surrounding, adjacent or abutting land uses, and

2. 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. AAn exception to the general office parking standard as established in the table contained in Section 3.2.2(K)(2)(a) 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 (a) and (b) 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.

(a) 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.

(b) Review Criteria. To approve an exception to the standard, the decision maker must first 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:

1. does not detract from continuity, connectivity and convenient proximity for pedestrians between or among existing or future uses in the vicinity,

2. 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,

3. minimizes the visual and aesthetic impact of such additional parking on the surrounding neighborhood,

4. creates no physical impact on any facilities serving alternative modes of transportation,

5. creates no detrimental impact on natural areas or features,

6. maintains handicap parking ratios,

7. for projects located in D, L-M-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,

8. results in a ratio that does not exceed one-space-per-employee (1:1), and

9. is justified by a travel demand management program which has been submitted to and approved by the city.

(5) Handicap Parking.

(a) Handicapped spaces. Parking spaces for the physically handicapped 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. Handicap parking spaces shall be located as close as possible to the nearest accessible building entrance, using the shortest possible accessible route of travel. When practical, the accessible route of travel shall not cross lanes for vehicular traffic. When crossing vehicle traffic lanes is necessary, the route of travel shall be designated and marked as a crosswalk.

(c) Marking. Every handicap 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) Each parking lot shall contain at least the minimum specified number of handicap spaces as provided in the table below. Regardless of the number of handicap 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.

NUMBER OF HANDICAP PARKING SPACES

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 3.2.2(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 handicap parking spaces.

TABLE A

Standard Vehicle
Dimensions in feet

A

B

C

D

E

F

G

8

23

8

23

20

12

30°

8.5

20

17.4

17

20

15

45°

8.5

20

20.2

12

20

15

60°

9

19

21

10.4

24

20

90°

9

19

19

9

24*

20**

 

TABLE B

Compact Vehicle
Dimensions in feet

A

B

C

D

E

F

G

7.5

19

7.5

19

20

12

30°

7.5

16.5

14.8

15

20

15

45°

7.5

16.5

17

10.6

20

15

60°

8

16

17.9

9.2

24

20

90°

8

15

15

8

24*

20**

 

A-Angle of Parking

B-Stall Width

C-Stall Length

D-Stall Depth

E-Curb Length

F-Two-Way Drive Aisle Width

G-One-Way Drive Aisle Width

* When garages are located along a driveway and are opposite other garages or buildings, the driveway width must be increased to 28 feet.

** When an overhand is allowed to reduce stall depth, aisle width must be increased to 22 feet.

(See Figure 4)

Figure 4

Parking Stall Dimensions

Figure 4 - Parking Stall Dimensions

(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:

Parking Angle

Stall Width

Stall Length

0

8

21

30

8

19

45

8

19

60

8.5

18

90

8.5

18

 

(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.

(M) Landscaping. The following minimum standards shall apply to all parking lot landscaping plans:

(1) Landscaping Coverage. At least six (6) percent of the interior space of any parking lot containing at least one thousand eight hundred (1800) square feet and containing not less than six (6) or more than one hundred (100) spaces, and ten (10) percent of the interior space of any parking lot with more than one hundred (100) spaces, shall be devoted to landscaping meeting the standards set forth in this Division. See Figure 1 at Section 3.2.1(E).

(2) Installation. Except as provided herein, no certificate of occupancy for property with an off-street parking area required to provide landscaping in conformance with these regulations shall be issued unless all landscaping on the property has been installed in accordance with an approved landscape plan for such property. In the event that such landscape installation has not been completed, an occupancy permit may be issued upon the receipt by the City of a cash deposit, bond, letter of credit or other satisfactory financial guarantee in the amount of one hundred twenty-five (125) percent of the estimated cost of the landscaping improvements determined by an executed contract to install such landscaping or by adequate appraisals of such cost. Such bond, cash deposit or equivalent shall further guarantee the continued maintenance and replacement of the landscaping for a period of two (2) years after installation, but the amount of the same shall be reduced after installation is completed to twenty-five (25) percent of the actual cost of such landscaping. Any bond, cash deposit or equivalent deposited pursuant to this requirement shall be released upon certification by the Building Permits and Inspections Director that the required landscaping program has been completed and maintained in accordance with the requirements of the bond.

Figure 5

Vehicular Overhang for Standard-Size Parking Stalls

Figure 5 - Vehicular Overhang for Standard-Size Parking Stalls

__________________
HEAD-IN PARKING
__________________
ANGLED PARKING
   

(3) Landscape Irrigation. Except as provided herein, no certificate of occupancy shall be issued for any building on any portion of a property required by this Article to have an irrigation system, unless the entire irrigation system has been installed in accordance with an approved irrigation plan for such property. In the event that such irrigation system installation has not been completed, a certificate of occupancy may be issued upon the receipt by the City of a bond, cash deposit or equivalent conditioned on and guaranteeing the installation of the entire irrigation system shown on the approved irrigation plan. Such bond, cash deposit or equivalent shall be in the amount of one hundred twenty-five (125) percent of the estimated cost of the irrigation system determined by an executed contract to install such irrigation system or by adequate appraisals of such cost. Any bond, cash deposit or equivalent deposited pursuant to this requirement shall be released upon certification by the Building Permits and Inspections Director that the required irrigation system has been completed in accordance with the requirements of the bond.

(Ord. No. 90, 1998, 5/19/98; Ord. No. 228, 1998 §§13—15, 12/15/98; Ord. No. 99, 1999 §6, 6/15/99; Ord. No. 165, 1999 §15, 11/16/99; Ord. No. 59, 2000 §§14, 15, 6/6/00; Ord. No. 183, 2000 §§9, 10, 12/19/00; Ord. No. 107, 2001 §19, 6/19/01; Ord. No. 087, 2002 §§3, 4, 6/4/02; Ord. No. 140, 2002 §2, 10/1/02; Ord. No. 177, 2002 §8, 12/17/02; Ord. No. 090, 2003 §§1, 2, 6/17/03; Ord. No. 056, 2004 §1, 4/20/04; Ord. No. 091, 2004 §9, 6/15/04; Ord. No. 198, 2004 §4, 12/21/04; Ord. No. 070, 2005 §5, 7/5/05; Ord. No. 123, 2005 §4, 11/15/05; Ord. No. 161, 2005 §5, 12/20/05; Ord. No. 104, 2006 §12, 7/18/06; Ord. No. 192, 2006 §§2—4, 12/19/06; Ord. No. 081, 2007 §5, 7/17/07; Ord. No. 049, 2008 §2, 5/20/08; Ord. No. 066, 2009 §10, 7/7/09; Ord. No. 120, 2011 §9, 9/20/2011; Ord. No. 051, 2012 §9, 7/17/12; Ord. No. 041, 2013 §§2, 3, 3/19/13; Ord. No. 092, 2013 §§7,8, 7/16/13; Ord. No. 121, 2013 §1, 9/3/13; Ord. No. 107, 2014, 9/2/14)

3.2.3 Solar Access, Orientation, ShadingGo to the top

(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-family 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 am and 3:00 pm 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-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.

(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.

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.

(Ord. No. 165, 1999 §16, 11/16/99; Ord. No. 087, 2002 §5, 6/4/02; Ord. No. 091, 2004 §10, 6/15/04; Ord. No. 025, 2013 §1, 2/26/13; Ord. No. 086, 2014 §32, 7/1/14)

3.2.4 Site LightingGo to the top

(A) Purpose. The intent of this Section is to focus on the actual physical effects of lighting, as well as the effect that lighting may have on the surrounding neighborhood. Exterior lighting shall be evaluated in the development review process to ensure that the functional and security needs of the project are met in a way that does not adversely affect the adjacent properties or neighborhood. The degree to which exterior night lighting affects a property owner or neighborhood will be examined considering the light source, level of illumination, hours of illumination and need for illumination in relation to the effects of the lighting on adjacent property owners and the neighborhood.

(B) General Standard. All development, except developments that contain only single-family residential uses, shall submit for approval a proposed lighting plan that meets the functional security needs of the proposed land use without adversely affecting adjacent properties or the community.

(C) Lighting Levels. With the exception of lighting for public streets and private streets, all other project lighting used to illuminate buildings, parking lots, walkways, plazas or the landscape shall be evaluated during the development review process. The following chart gives the average minimum and, for under-canopy fueling areas, maximum lighting levels for outdoor facilities used at night.

Area/Activity*

Foot-candle

Building surrounds (nonresidential)

1.0

Bikeways along roadside

     Commercial areas

     Intermediate areas

     Residential areas

 

0.9

0.6

0.2

Walkways along roadside

     Commercial areas

     Intermediate areas

     Residential areas

 

0.9

0.6

0.5

Park walkways

0.5

Pedestrian stairways

0.3

Loading and unloading platforms

5.0

Parking areas

1.0

Playgrounds

5.0

Under-canopy area (maintained maximum)

20.0

Under-canopy area (initial installation maximum)

26.0

* Illuminating Engineering Society (IES) Lighting Handbook

(D) Design Standards. The lighting plan shall meet the following design standards:

(1) Site lighting that may be confused with warning, emergency or traffic signals is prohibited.

(2) Background spaces like parking lots shall be illuminated as unobtrusively as possible to meet the functional needs of safe circulation and of protecting people and property. Foreground spaces, such as building entrances and plaza seating areas, shall utilize local lighting that defines the space without glare.

(3) Light sources shall be concealed and fully shielded and shall feature sharp cut-off capability so as to minimize up-light, spill-light, glare and unnecessary diffusion on adjacent property. Light fixtures shall be attached to poles and buildings by use of nonadjustable angle brackets or other mounting hardware. Under-canopy fueling areas shall feature flush-mount, flat lens light fixtures as part of any newly constructed canopy or remodeled canopy.

(4) The style of light standards and fixtures shall be consistent with the style and character of architecture proposed on the site. Poles shall be anodized (or otherwise coated) to minimize glare from the light source.

(5) Light sources must minimize contrast with the light produced by surrounding uses, and must produce an unobtrusive degree of brightness in both illumination levels and color rendition. Incandescent and high-pressure sodium light sources all can provide adequate illumination with low contrast and brightness and are permitted light sources.

(6) Unique areas or neighborhoods within the city may have additional design guidelines for lighting as part of a neighborhood or area plan. The Community Planning and Environmental Services Department can provide information regarding neighborhood or area plans. Natural areas and natural features shall be protected from light spillage from off-site sources.

(7) Maximum on-site lighting levels shall not exceed ten (10) foot-candles, except for loading and unloading platforms where the maximum lighting level shall be twenty (20) foot-candles.

(8) Light levels measured twenty (20) feet beyond the property line of the development site (adjacent to residential uses or public rights-of-way) shall not exceed one-tenth (0.1) foot-candle as a direct result of the on-site lighting.

(9) Outdoor display lots for vehicles sales and leasing (as those terms are defined in Article 5) shall comply with the requirements of this section. In addition, display fixture illumination shall be reduced within thirty (30) minutes after closing so that the remaining illumination levels are sufficient for security purposes only; provided, however, that any illumination used after 11:00 p.m. shall be reduced to levels sufficient for security purposes only.

(10) Exposed L.E.D. (light emitting diode) lighting shall be limited to a maximum of one thousand (1,000) candela per square meter (nits).

(E) 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 first 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.

In reviewing the proposed alternative plan, the decision maker shall consider the extent to which the proposed design 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.

(Ord. No. 90, 1998, 5/19/98; Ord. No. 165, 1999 §17, 11/16/99; Ord. No. 204, 2001 §§12, 13, 12/18/01; Ord. No. 173, 2003 §9, 12/16/03; Ord. No. 198, 2004 §5, 12/21/04; Ord. No. 015, 2005 §1, 2/15/05; Ord. No. 161, 2005 §6, 12/20/05); Ord. No. 192, 2006 §5, 12/19/06; Ord. No. 092, 2013 §9, 7/16/13)

3.2.5 Trash and Recycling EnclosuresGo to the top

(A) Purpose. The purpose of this Section is to ensure the provision of areas, compatible with surrounding land uses, for the collection, separation, storage, loading and pickup of trash and recyclable materials.

(B) General Standard. All development, to the extent reasonably feasible, shall provide adequately sized, conveniently located, accessible trash and recycling enclosures to accommodate the specific needs of the proposed use.

(C) Regulations. The following regulations shall be applied to the extent reasonably feasible:

(1) All new commercial or multi-family structures and all existing commercial or multi-family structures proposed to be enlarged by more than twenty-five (25) percent, or where a change of use is proposed, shall provide adequate space for the collection and storage of refuse and recyclable materials.

(2) The amount of space provided for the collection and storage of recyclable materials shall be designed to accommodate collection and storage containers that are appropriate for the recyclable materials generated. Areas for storage of trash and recyclable materials shall be adequate in capacity, number and distribution to serve the development project.*

(3) Recyclable materials storage areas shall be located abutting refuse collection and storage areas.

(4) Each trash and recycling enclosure shall be designed to allow walk-in access without having to open the main enclosure service gates.

(5) Trash and recycling areas must be enclosed so that they are screened from public view. The enclosure shall be constructed of durable materials such as masonry and shall be compatible with the structure to which it is associated. Gates on the enclosures shall be constructed of metal or some other comparable durable material, shall be painted to match the enclosure and shall be properly maintained.

(6) Enclosure areas shall be designed to provide adequate, safe and efficient accessibility for service vehicles.

(7) Enclosure areas shall be constructed on a cement concrete pad.

(8) The property owner shall supply and maintain adequate containers for recycling and waste disposal. Containers must be clearly marked for recycling.

(Ord. No. 198, 2004 §6, 12/21/04; Ord. No. 025, 2013 §2, 2/26/13)


DIVISION 3.3 ENGINEERING STANDARDSGo to the top

Sections:

3.3.1 Plat Standards

3.3.2 Development Improvements

3.3.3 Water Hazards

3.3.4 Hazards

3.3.5 Engineering Design Standards

3.3.1 Plat StandardsGo to the top

(A) General Provisions.

(1) Applicability. No final plat of a subdivision or development plan shall be approved and accepted by the city unless it conforms to the provisions of this Land Use 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.

(b) Except with respect to property which is platted as an official subdivision (or part thereof) approved in accordance with the provisions of this Land Use 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:

1. construction of any new principal building;

2. enlargement of any principal building used for nonresidential purposes by more than twenty-five (25) percent of the existing floor area of such building;

3. an act which changes the use of any building.

(B) Lots.

(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. Side lot lines shall be substantially at right angles or radial to street lines.

(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 Land Use Code. Applicants shall refer to the development standards set forth in Articles 3 and 4 of this Land Use 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) Public Sites, Reservations and Dedications.

(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 Land Use 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 Land Use Code, and, generally, the City Code.

(Ord. No. 178, 1998 §4, 10/20/98; Ord. No. 99, 1999 §7, 6/15/99; Ord. No. 104, 2006 §7, 7/18/06)

3.3.2 Development ImprovementsGo to the top

(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 Mylar prints 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 Land Use 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. 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"). 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. 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.The plat shall contain a two-year maintenance guarantee and a five-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 2.2.3(C)(3) (Execution of Plats/Deeds; Signature Requirements). 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. At the conclusion of the two-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. 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. 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. 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.

(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). 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. 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. Roadway lighting fixtures with their poles and junction boxes, as well as traffic signals with their controller cabinets, are exempt from this requirement. Any aboveground facilities shall be located so as to not cause a sight obstruction for vehicular, pedestrian or bicycle traffic. 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.

Exceptions:

(a) New or existing overhead utility facilities shall be allowed if they:

1. are electric transmission lines above forty (40) kilovolts nominal, or

2. are temporary in nature for the purpose of servicing construction or lands not developed to urban qualifications, or

3. are required to be installed on a temporary basis while an underground utility facility is being repaired, or

4. are necessary to span natural barriers such as canyons, rivers or boulder fields where an underground installation would be extremely impractical.

(b) Existing overhead utility facilities shall be allowed if they:

1. are capable of serving only territories anticipated to be annexed to the city in the future, or

2. 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

3. are distribution lines which will be removed upon future development, or

4. 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 following improvements shall be required prior to the issuance of a certificate of occupancy. 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. 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. All streets shall be paved with curbs and gutters installed in accordance with the approved utility plans. 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. 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. 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. 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) The City shall be provided with a certification by a licensed professional engineer that all stormwater drainage facilities required by the City to serve the property and to protect downstream property have been constructed in conformance with the approved plans and drainage report, if any. Such certification shall be in the form required pursuant to the Storm Drainage Design Criteria and Construction Standards of the City.

(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. 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 foregoing requirements may be granted for streets which have adequate funds appropriated by the City for improvement to current standards. 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:

(a) For arterial and collector streets, such improvements shall consist, at a minimum, of constructing a thirty-six-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.

(b) 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.

(c) 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.

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 3.6.4. 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. 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.

(2) 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. 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. For the purpose of this provision, 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 3.6.4, where, in the absence of the improvements, such development 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. 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. 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: (1) 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 (2) 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.) 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. 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:

1. 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;

2. an invoice from the Funding developer's engineer for any fee assessed on the project;

3. the contractor's application for final payment approved by the Funding developer's engineer;

4. a letter from the Funding developer and/or contractor certifying that final payment has been received by the contractor;

5. a letter from the Funding developer and/or engineer certifying that final payment of engineering fees has been made;

6. 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;

7. a map prepared by a licensed engineer or surveyor which shows:

a. the location of the improvements constructed;

b. the name of the owner of each Adjacent Property which is benefited by the improvements;

c. the proportionate benefit conferred upon each Adjacent Property, together with the assessment due based on the original costs;

d. the acreage and parcel number of each Adjacent Property;

e. 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

f. 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-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 City Code.

(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 Street Oversizing Fund. 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 2.2.10 and 2.2.11 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.

(Ord. No. 90, 1998, 5/19/98; Ord. No. 178, 1998 §5, 10/20/98; Ord. No. 228, 1998 §§16—19, 92, 12/15/98; Ord. No. 99, 1999 §8, 6/15/99; Ord. No. 165, 1999 §18, 11/16/99; Ord. No. 59, 2000 §16, 6/6/00; Ord. No. 183, 2000 §11, 12/19/00; Ord. No. 107, 2001 §20, 6/19/01; Ord. No. 204, 2001 §§14, 15, 12/18/01; Ord. No. 087, 2002 §§6, 7, 6/4/02; Ord. No. 173, 2003 §10, 12/16/03; Ord. No. 198, 2004 §7, 12/21/04; Ord. No. 073, 2008 §5, 7/1/08; Ord. No. 066, 2009 §11, 7/7/09; Ord. No. 068, 2010 §5, 7/6/10; Ord. No. 080, 2011 §2, 9/6/11)

3.3.3 Water HazardsGo to the top

(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 City's Stormwater Criteria Manual.

(3) the project development plan complies with the floodplain regulations as established in Chapter 10 of the City Code.

(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.

(Ord. No. 228, 1998 §92, 12/15/98; Ord. No. 81, 2000, 7/18/00; Ord. No. 070, 2005 §6, 7/5/05; Ord. No. 080, 2011, §2, 9/6/2011; Ord. No. 051, 2012 §10, 7/17/12)

3.3.4 HazardsGo to the top

(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 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.

3.3.5 Engineering Design StandardsGo to the top

The project 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


DIVISION 3.4 ENVIRONMENTAL, NATURAL AREA, RECREATIONAL AND CULTURAL RESOURCE PROTECTION STANDARDSGo to the top

Sections:

3.4.1 Natural Habitats and Features

3.4.2 Air Quality

3.4.3 Water Quality

3.4.4 Noise and Vibration

3.4.5 Hazardous Materials

3.4.6 Glare or Heat

3.4.7 Historic and Cultural Resources

3.4.8 Parks and Trails

3.4.9 Health Risks

3.4.1 Natural Habitats and FeaturesGo to the top

(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 possesses characteristics (including, without limitation, wetlands, riparian areas or foothills forest) which would have supported their inclusion on the Natural Habitats and Features Inventory Map, and such areas are discovered during site evaluation and/or reconnaissance associated with the development review process. Resources included on the Natural Habitats and Features Inventory Map, as described in detail in Technical Memorandum 2, "Identification of Natural Areas," of the Natural Areas Policy Plan, are as follows:

(1) Natural Communities or Habitats:

(a) Aquatic (e.g., rivers, streams, lakes, ponds);

(b) Wetland and wet meadow;

(c) Native grassland;

(d) Riparian forest;

(e) Urban plains forest;

(f) Riparian shrubland; and

(g) Foothills forest.

(2) Special Features:

(a) Significant remnants of native plant communities;

(b) Potential habitats and known locations of rare, threatened or endangered plants;

(c) Potential habitats and known locations of rare, threatened or endangered animals;

(d) Raptor habitat features, including nest sites, communal roost sites and key concentration areas;

(e) Concentration areas for nesting and migratory shorebirds and waterfowl;

(f) Migratory songbird concentration areas;

(g) Key nesting areas for grassland birds;

(h) Fox and coyote dens;

(i) Mule deer winter concentration areas;

(j) Prairie dog colonies over fifty (50) acres in size;

(k) Concentration areas for rare, migrant or resident butterflies;

(l) Areas of high terrestrial or aquatic insect diversity;

(m) Areas of significant geological or paleontological interest; and

(n) Irrigation 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. To the maximum extent feasible, 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 only 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.

(1) Ecological Characterization Study. f 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 professional qualified in the areas of ecology, wildlife biology or other relevant discipline. 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. 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:

(a) 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;

(b) the boundary of wetlands in the area and a description of the ecological functions and characteristics provided by those wetlands;

(c) any prominent views from or across the site;

(d) the pattern, species and location of any significant native trees and other native site vegetation;

(e) the pattern, species and location of any significant non-native trees, including Siberian elm and Russian olive trees as described in paragraph 3.2.1(F)(1) of this Code, and non-native site vegetation that contribute to the site's ecological, shade, canopy, aesthetic and cooling value;

(f) the top of bank, shoreline and high water mark of any perennial stream or body of water on the site;

(g) areas inhabited by or frequently utilized by Sensitive and Specially Valued Species;

(h) special habitat features;

(i) wildlife movement corridors;

(j) the general ecological functions provided by the site and its features;

(k) any issues regarding the timing of development-related activities stemming from the ecological character of the area; and

(l) any measures needed to mitigate the projected adverse impacts of the development project on natural habitats and features.

(2) Wetland Boundary Delineation. In establishing the boundaries of a wetland, the applicant and the Director shall use soil samples, ecological characterization and hydrological evidence, to the extent that such are in existence or are requested of and provided by the applicant. The Director may also utilize the standards and guidelines and/or the professional recommendations of the U.S. Army Corps of Engineers, the U.S. Fish and Wildlife Service, the Colorado Natural Heritage Program, and/or the Colorado Division of Wildlife in establishing such boundaries. Wetland boundary delineations shall be established in accordance with the U.S. Fish and Wildlife Service wetland classification system and 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. The U.S. Army Corps of Engineers standards and guidelines shall be used to identify the boundaries of any "jurisdictional wetland."

(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 the natural habitat or natural feature 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 shall reduce or enlarge any portion of the general buffer zone distance, if necessary in order to ensure that the performance standards set forth below are achieved. 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 features, both within and adjacent to the site.

(c) The project shall be designed to preserve significant existing trees and other significant existing vegetation on the site.

(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 Division of Wildlife or in the Fort Collins Natural Areas Policy Plan (NAPP); key production areas, wintering areas and migratory feeding areas for waterfowl; key use areas for wading birds and shorebirds; key use areas for migrant songbirds; key nesting areas for grassland birds; fox and coyote dens; mule deer winter concentration areas as identified by the Colorado Division of Wildlife or NAPP; prairie dog colonies over fifty (50) acres in size as included on the Natural Habitats and Features Inventory Map; key areas for rare, migrant or resident butterflies as identified in the NAPP; areas of high terrestrial or aquatic insect diversity as identified in the NAPP; remnant native prairie habitat; mixed foothill shrubland; foothill ponderosa pine forest; plains cottonwood riparian woodlands; and any wetland greater than one-quarter (¼) acre in 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.

(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:

1. mitigation of development activities;

2. restoration of previously disturbed or degraded areas or planned enhancement projects to benefit the natural area or feature;

3. emergency public safety activities;

4. utility installations when such activities and installations cannot reasonably be located outside the buffer zone or other nearby areas of development;

5. 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

6. 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 FEATURES1, 2

Natural Habitat or Feature

Buffer Zone Standard 3

Isolated Areas

Irrigation ditches that serve as wildlife corridors

50 feet

Isolated patches of native grassland or shrubland

50 feet

Isolated patches of native upland or riparian forest

50 feet

Woodlots/farmstead windbreaks

25 feet

Naturalized irrigation ponds

50 feet

Naturalized storm drainage channels/detention ponds

50 feet

Lakes or reservoirs

100 feet

Wetlands < 1/3 acre in size

50 feet

Wetlands > 1/3 acre in size, without significant use by waterfowl and/or shorebirds

100 feet

Wetlands > 1/3 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

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

1 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.

2 Table distances may be modified as described in Section 3.4.1(E)(1) above to meet performance standards.

3 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.

(a) 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.

(b) 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.

(c) 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.

(d) 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.

(e) 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) Sensitive or Specially Valued Species. If the ecological characterization report required pursuant to subsection (D)(1) above shows the existence in such natural habitat or feature of a plant or wildlife species identified by the City as a Sensitive or Specially Valued Species, or by state or federal agencies as "threatened," "endangered," "species of concern," or "sensitive natural community," 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.) Projects that impact habitat areas used by Sensitive or Specially Valued Species shall be subject to Planning and Zoning Board Review.

(2) 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.

(3) 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.

(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.

(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;

(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 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 3.2.1(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 3.2.1, Landscaping and Tree Protection Standards.

(c) A temporary LOD of a four-hundred-fifty-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 using city-approved methods as set forth in Chapter 4 of the City Code and, when applicable, using methods reviewed and approved by the Colorado Division of Wildlife.

(O) Proof of Compliance.

(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.

(2) If the Director obtains credible information regarding threatened or pending regulatory enforcement action 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 threatened enforcement action or environmental impact. 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. All required written statements shall be provided to the Director prior to the scheduling of the hearing for the project development plan.

(Ord. No. 90, 1998, 5/19/98; Ord. No. 41, 1999 §3, 3/16/99; Ord. No. 59, 2000 §17, 6/6/00; Ord. No. 173, 2003 §§11—13, 12/16/03; Ord. No. 091, 2004 §11, 6/15/04; Ord. No. 198, 2004 §§8—10, 12/21/04; Ord. No. 120, 2011 §10, 9/20/2011; Ord. No. 162, 2011 §§1, 2, 12/6/11; Ord. No. 014, 2013 §3, 2/19/13)

3.4.2 Air QualityGo to the top

(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, toxic or corrosive, and suspended solid or liquid particles.

(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), wireless telecommunications equipment and wireless telecommunications 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 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 first 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 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.

(Ord. No. 204, 2001 §16, 12/18/01; Ord. No. 080, 2011, §2, 9/6/2011)

3.4.3 Water QualityGo to the top

General Standard. 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.

(Ord. No. 051, 2012 §11, 7/17/12; Ord. No. 025, 2013 §3, 2/26/13)

3.4.4 Noise and VibrationGo to the top

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 the use of the property will be imperceptible without instruments at any point along the property line.

(Ord. No. 107, 2001 §21, 6/19/01; Ord. No. 025, 2013 §4, 2/26/13)

3.4.5 Hazardous MaterialsGo to the top

(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. In order 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 2.2.6 of this Land Use Code, to the extent reasonably feasible.

3.4.6 Glare or HeatGo to the top

(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 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.

3.4.7 Historic and Cultural ResourcesGo to the top

(A)  Purpose. This Section is intended to ensure that, to the maximum extent feasible: (1) historic sites, structures or objects are preserved and incorporated into the proposed development and any undertaking that may potentially alter the characteristics of the historic property is done in a way that does not adversely affect the integrity or significance of the historic property; and (2) new construction is designed to respect the historic character of the site and any historic properties in the surrounding neighborhood. This Section is intended to protect designated or individually eligible historic sites, structures or objects, as well as sites, structures or objects in designated historic districts, whether on or adjacent to the development site.

(B)  General Standard. If the project contains a site, structure or object that (1) is determined to be or potentially be individually eligible for local landmark designation or for individual listing in the State Register of Historic Properties or National Register of Historic Places; (2) is officially designated as a local or state landmark or is listed on the National Register of Historic Places; or (3) is located within an officially designated national, state or City historic district or area, then, to the maximum extent feasible, the development plan and building design shall provide for the preservation and adaptive use of the historic structure. The development plan and building design shall protect and enhance the historical and architectural value of any historic property that is: (a) preserved and adaptively used on the development site; or (b) is located on property adjacent to the development site and qualifies under (1), (2) or (3) above. New structures must be compatible with the historic character of any such historic property, whether on the development site or adjacent thereto.

(C)  Determination of Landmark Eligibility. The determination of individual eligibility or potential individual eligibility for local landmark designation will be made in accordance with the applicable provisions of Chapter 14 of the City Code, except that the determination of potential individual eligibility shall be made by the Director and the finding of potential eligibility shall not constitute a finding of eligibility under Section 14-21 or 14-72 of the City Code. A site, structure or object may be determined to be or potentially be individually eligible for local landmark designation if it meets one (1) or more of the criteria described in Section 14-5, "Standards for determining the eligibility of sites, structures, objects and districts for designation as Fort Collins Landmarks or Landmark Districts" of the City Code.

The determination of individual eligibility for the National Register of Historic Places or State Register of Historic Properties shall be according to the processes and procedures of the Colorado Historical Society.

(D)  Reuse, Renovation, Alterations and Additions.

(1)  Original or historic materials and details, as well as distinctive form and scale, that contribute to the historic significance of the structure or neighborhood shall be preserved to the maximum extent feasible. Rehabilitation work shall not destroy the distinguishing quality or character of the structure or its environment.

(2)  The rehabilitation of structures shall be in conformance with the Secretary of the Interior's "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings" (available from the Director) or other adopted design guidelines or standards.

(E)  Demolition. A site, structure or object that is determined to be or potentially be individually eligible for local landmark designation or for individual listing in the National Register of Historic Places or State Register of Historic Properties may be demolished only if, in the opinion of the decision maker, the applicant has, to the maximum extent feasible, attempted to preserve the site, structure or object in accordance with the standards of this Section, and the preservation of the site, structure or object is not feasible.

(F)  New Construction.

(1)  To the maximum extent feasible, the height, setback and width of new structures shall be similar to: (a) those of existing historic structures on any block face on which the new structure is located and on any portion of a block face across a local or collector street from the block face on which the new structure is located; or (b) when a block does not exist, similar to those on any land adjacent to the property on which the new structure is to be located. Notwithstanding the foregoing, this requirement shall not apply if, in the judgment of the decision maker, such historic structures would not be negatively impacted with respect to their historic exterior integrity and significance by reason of the new structure being constructed at a dissimilar height, setback and width. Where building setbacks cannot be maintained, elements such as walls, columns, hedges or other screens shall be used to define the edge of the site and maintain alignment. Taller structures or portions of structures shall be located interior to the site.

(2)  New structures shall be designed to be in character with such existing historic structures. Horizontal elements, such as cornices, windows, moldings and sign bands, shall be aligned with those of such existing historic structures to strengthen the visual ties among buildings. Window patterns of such existing structures (size, height, number) shall be repeated in new construction, and the pattern of the primary building entrance facing the street shall be maintained to the maximum extent feasible. See Figure 6.

Figure 6
Building Patterns

Figure 6 - Building Patterns

(3)  The dominant building material of such existing historic structures adja-cent to or in the immediate vicinity of the proposed structure shall be used as the primary material for new construction. Variety in materials can be appropriate, but shall maintain the existing distribution of materials in the same block.

(4)  Visual and pedestrian connections between the site and neighborhood focal points, such as a park, school or church, shall be preserved and enhanced, to the maximum extent feasible.

(5)  To the maximum extent feasible, existing historic and mature landscaping shall be preserved, and when additional street tree plantings are proposed, the alignment and spacing of new trees shall match that of the existing trees.

(6)  In its consideration of the approval of plans for properties containing or adjacent to sites, structure, objects or districts that: (a) have been deter-mined to be or potentially be individually eligible for local landmark designation or for individual listing in the National Register of Historic Places or the State Register of Historic Properties, or (b) are officially designated as a local or state landmark or are listed on the National Reg-ister of Historic Places or (c) are located within a officially designated national, state or local historic district or area, the decision maker shall receive and consider a written recommendation from the Landmark Preservation Commission unless the Director has issued a written deter-mination that the plans would not have a significant impact on the indi-vidual eligibility or potential individual eligibility of the site, structure, object or district. A determination or recommendation made under this subsection is not appealable to the City Council under Chapter 2 of the City Code.

(Ord. No. 228, 1998 §20, 12/15/98; Ord. No. 177, 2002 §§9, 10, 12/17/02; Ord. No. 173, 2003 §14, 12/16/03; Ord. No. 198, 2004 §11, 12/21/04; Ord. No. 120, 2011 §11, 9/20/2011; Ord. No. 041, 2013 §4, 3/19/13; Ord. No. 059, 2014, 4/15/14)

3.4.8 Parks and TrailsGo to the top

(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 "City of Fort Collins Parks and Recreation Policy Plan Master Plan" dated December 1996, 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 or accommodate the parks and trails identified in the Parks and Recreation Policy Plan Master Plan that are associated with the development plan.

(Ord. No. 025, 2013 §5, 2/26/13)

3.4.9 Health RisksGo to the top

(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.

(Ord. No. 173, 2003 §15, 12/16/03)


DIVISION 3.5 BUILDING STANDARDSGo to the top

Sections:

3.5.1 Building and Project Compatibility

3.5.2 Residential Building Standards

3.5.3 Mixed-Use, Institutional and Commercial Building

3.5.4 Large Retail Establishments

3.5.5 Convenience Shopping Center

Note: These building standards should be read in conjunction with the zone district standards contained in Article 4 of this Code.

3.5.1 Building and Project CompatibilityGo to the top

(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 3.5 and the zone district standards contained in Article 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 Planning and Zoning Board under paragraphs 1.3.4(A)(5) and (6) 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 Land Use 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.)

Figure 7a

Infill Buildings

Figure 7a - Infill Buildings

Figure 7b

Infill Buildings

Figure 7a - Infill Buildings

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 features.

(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.)

(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.

Figure 8

Privacy Considerations

Figure 8 - Privacy Considerations

(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 or not 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.

(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. 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:

1.  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.

2.  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.

3.  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:

1.  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);

2.  a summary of the key conclusions of the shadow analysis, and steps to be taken to comply with the review standards set forth above.

(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:

1. preserving the character of existing residential neighborhoods;

2. allowing architectural embellishments consistent with architectural style, such as peaked roof sections, corner turrets, belvederes or cupolas;

3. defining and reinforcing the downtown areas the major focal point in the community;

4. allowing for maximum utilization of activity centers;

5. protecting access to sunlight;

6. providing conscious direction to the urban form of the City through careful placement of tall buildings or structures within activity centers;

7. allowing rooftop building extensions to incorporate HVAC equipment.

(H) Land Use Transition. When land uses with significantly different visual character 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 in order 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 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.

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:

(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;

(7) location and number of off-street parking spaces.

(Ord. No. 90, 1998, 5/19/98; Ord. No. 59, 2000 §18, 6/6/00; Ord. No. 107, 2001 §§23, 24, 6/19/01; Ord. No. 204, 2001 §§17—19, 12/18/01; Ord. No. 087, 2002 §§8, 9, 6/4/02; Ord. No. 090, 2003 §3, 6/17/03; Ord. No. 070, 2005 §7, 7/5/05; Ord. No. 104, 2006 §§8, 9, 7/18/06; Ord. No. 073, 2008 §6, 7/1/08; Ord. No. 120, 2011 §12, 9/20/2011; Ord. No. 025, 2013 §6, 2/26/13; Ord. No. 041, 2013 §§5, 6, 3/19/13; Ord. No. 086, 2014 §33, 7/1/14)

3.5.2 Residential Building StandardsGo to the top

(A) Purpose. The standards of this Section are intended to promote variety, visual interest and pedestrian-oriented streets in residential development.

(B) General Standard. 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.

(C) Housing Model Variety and Variation Among Buildings..

(1)  Single-family detached, single-family attached in groups of two (2), and two-family dwellings shall comply with the following requirements:

(a)  Any development of one hundred (100) or more single-family detached, single-family attached in groups of two (2) or two-family detached dwelling units shall have at least four (4) different types of housing models. Any development containing fewer than one hundred (100) single-family or two-family dwelling units shall have at least three (3) different types of housing models. The applicant shall include, in the application for approval of the project development plan, documentation showing how the development will comply with the foregoing requirement.

(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)  The requirements provided in subparagraphs (a) and (b) above shall not apply to developments containing ten (10) or fewer dwelling units.

(d)  The enforcement procedure for this standard shall be in accordance with Section 3.8.15.

(2)  Single-family attached buildings 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.

(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. The following exceptions to this standard are permitted:

(a) Up to two (2) single-family detached dwellings 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 a multi-family 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.

(2) Street-Facing Facades. Every building containing four (4) or more dwelling units shall have at least one (1) building entry or doorway facing any adjacent street that is smaller than a full arterial or has on-street parking.

Examples & Explanations

(E) Residential Building Setbacks, Lot Width and Size.

(1) Setback from Arterial Streets. The minimum setback of every residential building and of every detached accessory building that is incidental to the residential building shall be thirty (30) feet from any arterial street right-of-way, except for those buildings regulated by Section 3.8.30 of this Code, which buildings must comply with the setback regulations set forth in Section 3.8.30.

(2) Setback from Nonarterial Streets. The minimum setback of every residential building and of every detached accessory building that is incidental to the residential building shall be fifteen (15) feet from any public street right-of-way other than an arterial street right-of-way, except for those buildings regulated by Section 3.8.30 of this Code, which buildings must comply with the setback regulations set forth in Section 3.8.30. Setbacks from garage doors to the nearest portion of any public sidewalk that intersects with the driveway shall be at least twenty (20) feet.

(a) Alternative Compliance. Upon request by an applicant, the decision maker may approve an alternative setback that may be substituted in whole or in part for a setback that meets the standards of this Section, except that such alternative setback shall not be permitted in the R-L or U-E zone districts.

1. Procedure. Alternative compliance setbacks from connector or local streets only, shall be prepared and submitted in accordance with submittal requirements for Project Development Plans. Each plan 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 first 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 proposed alternative plan, the decision maker shall take into account whether the alternative setback plan complies with the following standards:

a. Porches and Entry Features.

(i) A front porch with a minimum depth of six (6) feet (as measured from the building facade to the posts, railings and spindles) and a minimum length of eight (8) feet shall be provided on single-family detached dwellings.

(ii) A clearly defined building front facing the street with a covered front porch or stoop measuring at least four (4) feet by four (4) feet shall be provided on each ground floor single-family attached dwelling.

(iii) The floor elevation of the front porch or stoop shall be a minimum of eighteen (18) inches above grade.

b. Off-Street Parking. Off-street parking shall be located behind the dwelling and access to such parking shall be gained from an alley or, if there is no alley, then from the street via a driveway which, up to the rear building line of the house, does not exceed ten (10) feet in width.

c. Private Open Space.

(i) A readily accessible, functional and clearly defined private outdoor space (such as a patio, courtyard or deck) with minimum dimensions of twelve (12) feet by eighteen (18) feet shall be provided for each dwelling unit.

(ii) All buildings on the same lot shall be spaced at least sixteen (16) feet apart.

d. Front Yard Fences.

(i) Front yard fences shall not exceed sixty percent (60%) opacity.

(ii) Front yard fences shall be between two and one-half (2½) feet and three (3) feet in height.

(iii) Front yard fences made of chain link are prohibited.

(iv) Any privacy fence along an interior side property line shall gradually transition to the height of the front yard fence.

(3) Side and Rear Yard Setbacks. 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 alley-accessed garages, for which the minimum setback shall be eight (8) feet. If a zero-lot-line development plan is proposed, a single six-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.

(4) Minimum Lot Width. A minimum lot width of fifty (50) feet shall be required for any single-family detached dwelling if the garage and/or driveway is served by access from the abutting street, unless such lot also adjoins an alley or is located at the corner of two (2) public streets.

(a) Alternative Compliance. Upon request by an applicant, the decision maker may approve alternative lot widths that may be substituted for lot widths that meet the standards of this Section.

1. Procedure. Subdivision plans showing alternative compliance lot widths shall be prepared and submitted in accordance with submittal requirements for plans as set forth in Section 2.4.2(C). The plan shall clearly identify and discuss modifications and alternatives proposed for utility placement necessary to serve the development and ways in which the plan would 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 first find that the proposed alternative plan accomplishes the purposes of this Section equally well or better than would a plan that complies with the standards of this Section.

(b) Utility Services. In reviewing the proposed alternative plan, the decision maker shall consider the extent to which the proposed design provides sufficient utility service, and whether utility services can be adequately maintained over the passage of time.

(5) Maximum Size of Detached Accessory Buildings. Any detached accessory building that is incidental to a single-family or two-family dwelling shall contain a maximum of eight hundred (800) square feet of floor area on lots which are less than twenty thousand (20,000) square feet in size, a maximum of one thousand two hundred (1,200) square feet of floor area on lots which are between twenty thousand (20,000) square feet and one (1) acre in size, and a maximum of two thousand five hundred (2,500) square feet of floor area on lots which are larger than one (1) acre in size, except that the size of such building may be increased by the minimum amount necessary to accommodate a handicap accessible parking bay when such a bay is required by the city's Building Code.

(6) 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.

(F) 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 linear building frontage. Alleys and corner lots are exempt from this standard.

(4) Attached and multi-family dwellings which also face a second street or a major walkway spine shall be exempt from subsections (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 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.

Examples & Explanations

(G) Rear Walls of Multi-Family 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 fifty-five (55) 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:

1. change in wall plane of at least six (6) inches,

2. change in material or masonry pattern,

3. change in roof plane,

4. windows,

5. doorways,

6. false door or window openings defined by frames, sills and lintels, and/or

7. 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.)

(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 Section (1)(b) above is encouraged but shall not be required.

Figure 9A

Figure 9A

Figure 9B

Figure 9B

(Ord. No. 191, 1997, 12/2/97; Ord. No. 228, 1998 §§21, 22, 12/15/98; Ord. No. 99, 1999 §9, 6/15/99; Ord. No. 165, 1999 §19, 11/16/99; Ord. No. 59, 2000 §§19–22, 6/6/00; Ord. No. 107, 2001 §25, 6/19/01; Ord. No. 204, 2001 §20, 12/18/01; Ord. No. 177, 2002 §§11—13, 12/17/02; Ord. No. 090, 2003 §4—6, 6/17/03; Ord. No. 070, 2005 §8, 7/5/05; Ord. No. 192, 2006 §6, 12/19/06; Ord. No. 066, 2009 §12, 7/7/09; Ord. No. 068, 2010 §6, 7/6/10; Ord. No. 025, 2013 §7, 2/26/13; Ord. No. 092, 2013 §10, 7/16/13; Ord. No. 086, 2014 §34, 7/1/14)

3.5.3 Mixed-Use, Institutional and Commercial BuildingsGo to the top

(A) Purpose. These standards are intended to promote the design of an urban environment that is built to human scale to encourage attractive street fronts and other connecting walkways that accommodate pedestrians as the first priority, while also accommodating vehicular movement.

(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.

(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.

Figure 10

Orientation to Walkways

Figure 10 - Orientation to Walkways

(2) Orientation to Build-to Lines for Streetfront Buildings. Build-to lines based on a consistent relationship of buildings to the street sidewalk shall be established by development projects for new buildings and, to the extent reasonably feasible, by development projects for additions or modifications of existing buildings, in order to form visually continuous, pedestrian-oriented streetfronts with no vehicle use area between building faces and the street.

(a) To establish "build-to" lines, buildings shall be located and designed to align or approximately align with any previously established building/sidewalk relationships that are consistent with this standard. Accordingly, at least thirty (30) percent of the total length of the building along the street shall be extended to the build-to line area. If a parcel, lot or tract has multiple streets, then the building shall be built to at least two (2) of them according to (b) through (d) below, i.e. to a street corner. If there is a choice of two (2) or more corners, then the building shall be built to the corner that is projected to have the most pedestrian activity associated with the building.

(b) Buildings shall be located no more than fifteen (15) feet from the right-of-way of an adjoining street if the street is smaller than a full arterial or has on-street parking.

(c) Buildings shall be located at least ten (10) and no more than twenty-five (25) feet behind the street right-of-way of an adjoining street that is larger than a two-lane arterial that does not have on-street parking.

Examples & Explanations

(d) Exceptions to the build-to line standards shall be permitted:

1. in order to form an outdoor space such as a plaza, courtyard, patio or garden between a building and the sidewalk. Such a larger front yard area 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.

2. if the building abuts a four-lane or six-lane arterial street, and the Director has determined that an alternative to the street sidewalk better serves the purpose of connecting commercial destinations due to one (1) or more of the following constraints:

a. high volume and/or speed of traffic on the abutting street(s),

b. landform,

c. an established pattern of existing buildings that makes a pedestrian-oriented streetfront infeasible.

Such an alternative to the street sidewalk must include a connecting walkway(s) and may include internal walkways or other directly connecting outdoor spaces such as plazas, courtyards, squares or gardens.

3. in the case of Large Retail Establishments, Supermarkets or other anchor-tenant buildings that face internal connecting walkways with pedestrian frontage in a development that includes additional outlying buildings abutting the street(s).

Examples & Explanations

4. if a larger or otherwise noncompliant front yard area is required by the City to continue an established drainage channel or access drive, or other easement.

5. in order to conform to an established pattern of building and street relationships, a contextual build-to line may fall at any point between the required build-to line and the build-to line 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 build-to line may fall at any point between the required build-to line and the build-to line that exists on the lot that is abutting and oriented to the same street as the subject lot. A contextual build-to line shall not be construed as allowing a vehicular use area between the building and the street.

(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.

Examples & Explanations

(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 (as applicable), 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.

Examples & Explanations

(2) Facade Treatment.

(a) 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:

1. 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.

2. 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.

3. 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):

1. thicker walls, ledges or sills;

2. integrally textured materials such as stone or other masonry;

3. integrally colored and patterned materials such as smooth-finished stone or tile;

4. lighter or darker colored materials, mullions or panels; or

5. planters.

(b) a recognizable "top" consisting of (but not limited to):

1. cornice treatments, other than just colored "stripes" or "bands," with integrally textured materials such as stone or other masonry or differently colored materials;

2. sloping roof with overhangs and brackets;

3. 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.

(Ord. No. 228, 1998 §23, 12/15/98; Ord. No. 165, 1999 §§20, 21, 11/16/99; Ord. No. 183, 2000 §§12—14, 12/19/00; Ord. No. 087, 2002 §§10—12, 6/4/02; Ord. No. 090, 2003 §7, 6/17/03; Ord. No. 091, 2004 §12, 6/15/04; Ord. No. 068, 2010 §7, 7/6/10; Ord. No. 025, 2013 §8, 2/26/13)

3.5.4 Large Retail EstablishmentsGo to the top

(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 3.8.20(A).)

(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 any 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:

1. 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.

2. 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.

Figure 11

Building Facades

Figure 11 - Building Facades

(c) Detail Features. Building facades must include:

1. a repeating pattern that includes no less than three (3) of the following elements:

a. color change;

b. texture change;

c. material module change;

d. 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 (1) of elements a, b or c shall repeat horizontally. All elements shall repeat at intervals of no more than thirty (30) feet, either horizontally or vertically.

Figure 12

Expression of Architectural or Structural Bay

Figure 12 - Expression of Architectural or Structural Bay

(d) Roofs. Roofs shall have no less than two (2) of the following features:

1. 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;

Figure 13

Parapet Standards

Figure 13 - Parapet Standards

2. overhanging eaves, extending no less than three (3) feet past the supporting walls;

3. 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;

4. three (3) or more roof slope planes.

(e) Materials and colors.

1. 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.

2. 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.

3. 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.

4. 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:

1. canopies or porticos;

2. overhangs;

3. recesses/projections;

4. arcades;

5. raised corniced parapets over the door;

6. peaked roof forms;

7. arches;

8. outdoor patios;

9. display windows;

10. architectural details such as tile work and moldings which are integrated into the building structure and design;

11. 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 3.5.3(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 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.

Figure 14

Building Entrances

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 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.)

Figure 15

Center With Community Features

Figure 15 - Center With Community Features

(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.

(Ord. No. 228, 1998 §24, 12/15/98; Ord. No. 99, 1999 §§10—13, 6/15/99; Ord. No. 165, 1999 §§22, 23, 11/16/99; Ord. No. 183, 2000 §14, 12/19/00; Ord. No. 087, 2002 §§13, 14, 6/4/02; Ord. No. 173, 2003 §16, 12/16/03; Ord. No. 091, 2004 §13, 6/15/04; Ord. No. 044, 2006, 3/21/06; Ord. No. 025, 2013 §9, 2/26/13)

3.5.5 Convenience Shopping CenterGo to the top

(A) Purpose. Neighborhood convenience shopping centers are intended to provide locations for small scale, everyday shopping and services assembled together 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, in order 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-family dwellings, medical offices and clinics, small animal veterinary clinics, and day care services.

(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 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:

1. brick masonry or stone;

2. integrally tinted, textured masonry block;

3. stucco;

4. wood siding.

(d) Where any sloped roofs and canopies are used, they shall be covered with:

1. high profile asphalt shingles;

2. natural clay tiles;

3. slate;

4. concrete tiles - with natural texture and color;

5. ribbed metal; or

6. 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.

(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.

(a) 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:

1. twenty-five (25) feet from any arterial right-of-way, and

2. fifteen (15) feet from any nonarterial right-of-way.

(b) Minimum setbacks of parking and drives from other land uses shall be as follows:

1. twenty (20) feet from the property line of any residential use, and

2. 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.

(Ord. No. 183, 2000 §15, 12/19/00; Ord. No. 087, 2002 §15, 6/4/02; Ord. No. 090, 2003 §§8, 9, 6/17/03; Ord. No. 025, 2013 §10, 2/26/13)


DIVISION 3.6 TRANSPORTATION AND CIRCULATIONGo to the top

Sections:

3.6.1 Master Street Plan

3.6.2 Streets, Streetscapes, Alleys and Easements

3.6.3 Street Pattern and Connectivity Standards

3.6.4 Transportation Level of Service Requirements

3.6.5 Transit Facilities Standards

3.6.6 Emergency Access

3.6.1 Master Street PlanGo to the top

(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.

(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 hereby made a part of this Code 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. In addition, all development plans that are adjacent to any street for which an access control plan has been adopted by the City shall provided the access design facilities, including supporting circulation facilities, identified within such access control plan, when such facilities are needed because of the development plan.

(Ord. No. 228, 1998 §92, 12/15/98; Ord. No. 087, 2002 §16, 6/4/02; Ord. No. 104, 2006 §10, 7/18/06; Ord. No. 036, 2011 §2, 3/22/11; Ord. No. 025, 2013 §11, 2/26/13)

3.6.2 Streets, Streetscapes, Alleys and EasementsGo to the top

(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, 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, 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.

(F) If residential lots in a subdivision abut an arterial street, no access to individual lots from such arterial street shall be permitted.

(G) Lots having a front or rear lot line that abuts an arterial street shall have a minimum depth of one hundred fifty (150) feet.

(1) Alternative Compliance. Upon request by the applicant, the decision maker may approve an alternative lot plan that does not meet the standard of this subsection if the alternative lot plan includes additional buffering or screening that will, in the judgment of the decision maker, protect such lots from the noise, light and other potential negative impacts of the arterial street as well as, or better than, a plan which complies with the standard of this subsection.

(2) Procedure. Alternative lot plans shall be prepared and submitted in accordance with the submittal requirements for streets, streetscapes, alleys and easements as set forth in this Section and landscape plans as set forth in Section 3.2.1. The alternative lot plan shall clearly identify and discuss the modifications and alternatives proposed and the ways in which the plan will equally well or better accomplish the purpose of this subsection than would a plan which complies with the standards of this subsection.

(3) Review Criteria. To approve an alternative lot plan, the decision maker must first find that the proposed alternative plan accomplishes the purpose of this subsection as well as, or better than, a lot plan which complies with the standard of this Subsection. In reviewing the proposed alternative plan, the decision maker shall take into account whether the lot plan provides screening and protection of the lots adjacent to the arterial street from noise, light and other negative impacts of the arterial street equally well or better than a plan which complies with the standard of this subsection.

(H) Reverse curves on arterial streets shall be joined by a tangent at least two hundred (200) feet in length.

(I) 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.

(J) 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.

(K) 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.

(L) 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 N-C-L, N-C-M and N-C-B zone districts that do not abut commercially zoned properties and that provide access only for carriage houses and habitable accessory buildings as such terms are described in Article 4. Dead-end alleys shall not be allowed.

(M) 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 only be 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 such streets necessary as connections between developments, neighborhoods or other origins and destinations outside of the development plan.

(2) Design Requirements. Designs for private streets shall 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. Optional treatments beyond the minimum city standards, such as landscaped medians or other decorative features, will not be approved unless the city determines that such treatments 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. 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.

(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. 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. 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. 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 3.6.3(G). Gated entryways for private streets are also prohibited.

(N) Private Drives and Street-Like 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.

(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) Street-Like Private Drives. A street-like private drive shall be allowed as primary access to facing buildings or to parcels internal to a larger, cohesive development plan, or for the purposes of meeting other requirements for streets. Street-like private drives shall be designed to include travel lanes, on-street parking, tree-lined border(s), detached sidewalk(s) and crosswalks. Other features such as bikeways, landscaped medians, corner plazas and pedestrian lighting may be provided to afford an appropriate alternative to a street in the context of the development plan.

On-street parking for abutting buildings may be parallel or angled. Head-in parking may only be used in isolated parking situations.

Such street-like private drives must be similar to public or private streets in overall function and buildings shall front on and offer primary orientation to the street-like private drive.

Street-like private drives may be used in conjunction with other standards, such as block configuration, orientation to connecting walkways, build-to-lines, or street pattern and connectivity.

(d) Neither a private drive nor a street-like private drive shall 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 3.6.6. 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 3.6.6 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) The design of private drives shall comply with all the standards for Emergency Access as contained in Section 3.6.6.

(d) Access locations on public or private streets shall be placed in accordance with City standards.

(e) The connection of a private drive with a public street shall be made in accordance with City street standards.

(f) 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. 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. 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. 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 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 3.6.6. 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 3.6.3(G). Gated entryways for private drives are also prohibited.

(O) 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.

(Ord. No. 183, 1998 §2, 10/20/98; Ord. No. 228, 1998 §92, 12/15/98; Ord. No. 99, 1999 §14, 6/15/99; Ord. No. 165, 1999 §§24—27, 11/16/99; Ord. No. 186, 2000 §2, 1/2/01; Ord. No. 107, 2001 §26, 6/19/01; Ord. No. 087, 2002 §17, 6/4/02; Ord. No. 063, 2004 §1, 4/20/04; Ord. No. 091, 2004 §§14, 15, 6/15/04; Ord. No. 198, 2004 §§12, 13, 12/21/04; Ord. No. 161, 2005 §7, 12/20/05; Ord. No. 104, 2006 §11, 7/18/06; Ord. No. 120, 2011 §13, 9/20/2011; Ord. No. 025, 2013 §12, 2/26/13; Ord. No. 086, 2014 §35, 7/1/14)

3.6.3 Street Pattern and Connectivity StandardsGo to the top

(A) Purpose. This Section is intended to ensure that the local street system is well designed with regard to safety, efficiency and convenience for automobile, bicycle, pedestrian 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.

(B) 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 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.

Examples & Explanations

(C) 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 (1320) 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.

(D) Spacing of Limited Movement Collector or Local Street Intersections With Arterial Streets. Additional nonsignalized, 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.

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.

(E) 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.

(F) 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 redevelopable land.

(G) Gated Developments. Gated street entryways into residential developments shall be prohibited.

(H) 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 first 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 and transit, to the maximum extent feasible.

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.

(Ord. No. 90, 1998, 5/19/98; Ord. No. 228, 1998 §§25, 92, 12/15/98; Ord. No. 087, 2002 §18, 6/4/02; Ord. No. 161, 2005, §8, 12/20/05)

3.6.4 Transportation Level of Service RequirementsGo to the top

(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.

(B) General Standard. All development plans shall adequately provide vehicular, pedestrian and bicycle facilities necessary to maintain the adopted transportation Level of Service standards contained in Part II of the City of Fort Collins Multi-modal Transportation Level of Service Manual for the following modes of travel: motor vehicle, bicycle and pedestrian. The Transit LOS standards contained in Part II of the Multi-modal Transportation Manual will not be applied for the purposes of this Section.

(C) Transportation Impact Study. 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 Impact Study guidelines as established in Chapter 4 of the Larimer County Urban Area Streets Standards.

(Ord. No. 192, 2006 §7, 12/19/06)

3.6.5 Transit Facilities StandardsGo to the top

(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 accommodate a transit stop and other associated facilities as prescribed by the City of Fort Collins Transit Design Standards and Guidelines, unless the Director of Community Services determines that adequate transit facilities consistent with the Transit 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 in order to enable the city or its agents to construct the transit facilities at the time transit service is provided to the development.

(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 City Structure Plan, as amended.

(Ord. No. 091, 2004 §16, 6/15/04; Ord. No. 005, 2007 §1, 2/6/07)

3.6.6 Emergency AccessGo to the top

(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 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.

(Ord. No. 228, 1998 §92, 12/15/98; Ord. No. 107, 2001 §27, 6/19/01; Ord. No. 204, 2001 §§21, 22, 12/18/01; Ord. No. 087, 2002 §19, 6/4/02; Ord. No. 192, 2006 §8, 12/19/06)


DIVISION 3.7 COMPACT URBAN GROWTH STANDARDSGo to the top

Sections:

3.7.1 General

3.7.2 Contiguity

3.7.3 Adequate Public Facilities

3.7.1 GeneralGo to the top

(A) Purpose. The city has adopted a compact urban growth policy that will encourage and direct development to take place within areas contiguous to existing development in the community. Such a policy will 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;

(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) General Standard. 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.

(Ord. No. 092, 2013 §11, 7/16/13)

3.7.2 ContiguityGo to the top

(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 need not comply with the requirements of this subsection (A):

(a) Fossil Creek Reservoir Area.

(b) Harmony Corridor.

(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 Board may waive or make exceptions 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.

(Ord. No. 228, 1998 §26, 12/15/98; Ord. No. 41, 1999 §4, 3/16/99; Ord. No. 107, 2001 §28, 6/19/01; Ord. No. 173, 2003 §17, 12/16/03; Ord. No. 092, 2013 §§12, 13, 7/16/13)

3.7.3 Adequate Public FacilitiesGo to the top

(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) APF Management System.

(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 paragraph (E) below have been made. 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.

(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 Division 3.3.2, Subdivision Improvements, (F) Off-site Public Access Improvements.

(b) All development shall meet or exceed the transportation level of services standards contained in Part II of the City of Fort Collins Multi-modal Transportation Level of Service Manual for the following modes of travel: motor vehicle, bicycle and pedestrian. The Transit LOS standards contained in Part II of the Multi-modal Transportation Manual will not 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 3.3.2(F)(2).

(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 Adequate Public Facilities.

(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:

1. in place and available to serve the new development in accordance with the development agreement, or

2. funding for such improvements has been appropriated by the city or provided by the developer in the form of either cash, nonexpiring letter of credit, or escrow in a form acceptable to the city.

(b) 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) and (3) above, are in place and available to serve the new development in accordance with the approved utility plan and development agreement for the development.

(c) 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 agreement for such development. The timing of installation of such facilities and service shall be as follows:

1. 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.

2. 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.

(d) 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 described in Section (D)(5) above, 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.

(e) For electric power facilities, the following minimum requirements shall apply:

1. 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.

2. For Commercial/Industrial Development: The following documents/information shall be provided to the city’s electric utility with each application for a building permit:

a. an approved and recorded final plat;

b. the final plan (two [2] copies);

c. the utility plan;

d. a one-line diagram of the electric main entrance;

e. 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);

f. the transformer location(s), as approved by the electric utility;

g. the name and address of the person responsible for payment of the electric development charges; and

h. the name, of the development, building address and lot or building number.

3. Compliance with Administrative Regulations: The developer shall also comply with all other administrative regulations and policies of the electric utility, including, without 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 generates less than fifty (50) peak hour trips as defined by the Transportation Impact Study guidelines maintained by the city.

(Ord. No. 107, 2001 §29, 6/19/01)


DIVISION 3.8 SUPPLEMENTARY REGULATIONSGo to the top

Sections:

3.8.1 Accessory Buildings, Structures and Uses

3.8.2 Family-Care Homes

3.8.3 Home Occupations

3.8.4 Child Care Center Regulations

3.8.5 Small Animal Veterinary Clinic and Hospital Regulations

3.8.6 Group Home Regulations and Shelters for Victims of Domestic Violence

3.8.7 Signs

3.8.8 Lots

3.8.9 Yards

3.8.10 Single-Family and Two-Family Parking Requirements

3.8.11 Fences and Walls

3.8.12 Adult-Oriented Uses

3.8.13 Wireless Telecommunication

3.8.14 Preemption Uses

3.8.15 Housing Model Variety

3.8.16 Occupancy Limits, Increasing the Number of Unrelated Persons

3.8.17 Building Height

3.8.18 Residential Density Calculations

3.8.19 Setback Regulations

3.8.20 Expansions and Enlargements of Existing Buildings

3.8.21 Soil Amendments

3.8.22 Dog Day-Care Facility Regulations

3.8.23 Mobile Home Park Regulations

3.8.24 Composting

3.8.25 Permitted Uses: Abandonment Period/Reconstruction of Permitted Uses

3.8.26 Residential Buffering

3.8.27 Performance Standards for Small Scale Reception Center in the U-E, Urban Estate District

3.8.28 Boarding and Rooming House Regulations

3.8.29 Outdoor Vendor Regulations

3.8.30 Multi-Family Dwelling Development Standards

3.8.31 Urban Agriculture

3.8.1 Accessory Buildings, Structures and UsesGo to the top

Accessory buildings, structures and uses (when the facts, circumstances and context of such uses reasonably so indicate) may include but are not limited to the following:

(1) home occupations;

(2) horses and household pets;

(3) signs;

(4) off-street parking areas;

(5) off-street loading areas;

(6) fences;

(7) private greenhouses;

(8) private swimming pools, recreation facilities and clubhouses;

(9) storage of merchandise in business, commercial and industrial districts;

(10) cultivation, storage and sale of crops, vegetables, plants and flowers produced on the premises;

(11) family-care homes;

(12) solar energy systems;

(13) satellite dish antennas less than thirty-nine (39) inches in diameter;

(14) garage sales, wherein property which was not originally purchased for the purpose of resale is sold, provided that such sales are limited to no more than five (5) weekend periods (as defined in Section 15-316 of the City Code) in one (1) calendar year.

(15) hoop houses.

(Ord. No. 228, 1998 §27, 12/15/98; Ord. No. 204, 2001 §23, 12/18/01; Ord. No. 034, 2014 §1, 3/18/14)

3.8.2 Family-Care HomesGo to the top

(A) Family Foster Homes. Family foster homes shall be permitted as an accessory use as defined in Article 5, provided that the maximum number of foster children in any given home shall not exceed four (4).

(B) Day Care Homes. Day care homes shall be permitted as an accessory use as defined in Article 5, provided that such homes are licensed by the State of Colorado and that the maximum number of children and the age limitation of children to whom care is provided complies with the State of Colorado regulations for a family child care home, an infant/toddler home or an experienced family child care provider home.

(C) Elderly Day Care Homes. Elderly day care homes shall be permitted as an accessory use as defined in Article 5, provided that the maximum number of elderly persons receiving care, protection and supervision in any such home shall not exceed four (4) at any given time.

(Ord. No. 087, 2002 §20, 6/4/02)

3.8.3 Home OccupationsGo to the top

A home occupation shall be allowed as a permitted accessory use, provided that all of the following conditions are met:

(1) Such use shall be conducted entirely within a dwelling and carried on by the inhabitants of the dwelling with not more than one (1) additional employee or co-worker. The hours of operation during which clients, customers, employees or co-workers are allowed to come to the home in connection with the business activity are limited to between 8:00 a.m. and 6:00 p.m. Monday through Saturday.

(2) Such use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the character thereof.

(3) The total area used for such purposes shall not exceed one-half (½) the floor area of the user's dwelling unit.

(4) There shall be no exterior advertising other than identification of the home occupation.

(5) There shall be only incidental sale of stocks, supplies or products conducted on the premises.

(6) There shall be no exterior storage on the premises of material or equipment used as a part of the home occupation.

(7) There shall be no offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line.

(8) A home occupation shall provide additional off-street parking area adequate to accommodate all needs created by the home occupation.

(9) In particular, a home occupation may include, but is not limited to, the following, provided that all requirements contained herein are met:

(a) art studio;

(b) dressmaking or millinery work;

(c) professional office;

(d) office for insurance or real estate sales;

(e) teaching;

(10) A home occupation shall not be interpreted to include the following:

(a) animal hospital;

(b) long-term care facility;

(c) restaurant;

(d) bed & breakfast;

(e) group home;

(f) adult-oriented use;

(g) vehicle repair, servicing, detailing or towing if vehicles are:

1. dispatched from the premises, or

2. are brought to the premises, or

3. are parked or stored on the premises or on an adjacent street.

(h) medical marijuana businesses ("MMBs"), as defined in Section 15-451 of the City Code.

(11) A home occupation shall be permitted only after the owner or inhabitant of the dwelling in which such occupation is conducted has obtained a home occupation license from the city. The fee for such a license shall be the fee established in the Development Review Fee Schedule, and the term of such license shall be two (2) years. At the end of such term, the license may be issued again upon the submission and review of a new application and the payment of an additional fee. If the city is conducting an investigation of a violation of this Code with respect to the particular home occupation at the time such renewal application is made, the license will not be reissued until the investigation is completed, and if necessary, all violations have been corrected. The term of the previous license shall continue during the period of investigation. The Director may revoke any home occupation license issued by the City if the holder of such license is in violation of any of the provisions contained in Paragraphs (1) through (8) of this Section, provided that the holder of the license shall be entitled to the administrative review of any such revocation under the provisions contained in Chapter 2, Article VI of the City Code.

(Ord. No. 165, 1999 §§28, 29, 11/16/99; Ord. No. 177, 2002 §14, 12/17/02; Ord. No. 090, 2003 §10, 6/17/03; Ord. No. 070, 2005 §9, 7/5/05; Ord. No. 123, 2005 §5, 11/15/05; Ord. No. 026, 2010 §§2, 3, 3/16/10; Ord. No. 010, 2012 §2, 2/21/12; Ord. No. 143, 2012 §2, 1/15/13)

3.8.4 Child Care Center RegulationsGo to the top

(A)

Minimum Outdoor Play Area for a Child Care Center
15 children or less1,200 square feet
more than 15 children75 square feet per child for 33% of the child capacity of the center

The outdoor play area shall not be required for drop-in child care centers.

For the purposes of this subsection, the capacity of the center is calculated based upon indoor floor space reserved for school purposes of forty (40) square feet per child. Any such play area on the site of the child care center within or abutting any residential district shall be enclosed by a decorative solid wood fence, masonry wall or chain link fence with vegetation screening, densely planted. The height of such fence shall be a minimum of six (6) feet and shall comply with Section 3.8.11. Where access to preschool nurseries is provided by other than local streets, an off-street vehicular bay or driveway shall be provided for the purpose of loading and unloading children.

(B)  If active and continuous operations are not carried on for a period of twelve (12) consecutive months in a child care center which was approved for operation within a residential dwelling, the child care center use shall be deemed to have been abandoned. Such child care center use may thereafter be reestablished only upon approval of a new application in accordance with all applicable provisions of this Code.

(Ord. No. 59, 2000 §23, 6/6/00; Ord. No. 073, 2008 §7, 7/1/08; Ord. No. 086, 2014 §36, 7/1/14)

3.8.5 Small Animal Veterinary Clinic and Hospital RegulationsGo to the top

(A) All facilities of a small animal veterinary clinic or a small animal veterinary hospital, including all treatment rooms, cages, pens, kennels and exercise runs, shall be maintained within a completely enclosed, soundproof building.

(B) All such veterinary clinics and hospitals shall be designed and constructed in a manner that eliminates any emission of odor offensive to persons owning, occupying or patronizing properties adjacent to such clinics or hospitals.

(C) All such veterinary clinics and hospitals shall be designed and constructed in a manner that reduces the sound coming from any such clinic or hospital to the level of sixty-five (65) decibels at any given abutting property line.

(D) No such veterinary clinic or hospital shall board any animal for any length of time except where such boarding is necessary to provide surgical or other medical care to the animals.

(Ord. No. 091, 2004 §17, 6/15/04)

3.8.6 Group Home Regulations and Shelters for Victims of Domestic ViolenceGo to the top

(A) Residential group homes shall conform to the lot area and separation requirements specified in the following table:

Zone

Maximum number of residents excluding supervisors, for minimum lot size

Additional lot area for each additional resident
(square feet)

Maximum permissible residents, excluding supervisors

Minimum separation requirements between any other group home
(feet)*

U-E

3

2,000

8

1,500

R-L, N-C-L, H-C, E, R-F

3

1,500

8

1,500

L-M-N, N-C-M, R-D-R

6

750

8

1,000

N-C-B, D, C-S, C-C-N, M-M-N, H-M-N, N-C, C-G, C-C, C-L, C-C-R

6

500

8

700


* The minimum separation distance required between group homes that are located in different zone districts shall be the one that requires the greatest distance.

 

(B) Large group care facilities shall conform to the lot area and separation requirements specified in the following table:

Zone

Maximum number of residents excluding supervisors, for minimum lot size

Additional lot area for each additional resident
(square feet)

Maximum permissible residents, excluding supervisors

Minimum separation requirements between any other group home
(feet)*

L-M-N, N-C-M, R-D-R

6

750

15

1,000

N-C-B, D, C-S, C-C-N, M-M-N, H-M-N, N-C, C-G, C-C, C-L, C-C-R

6

500

20**

700


* The minimum separation distance required between group homes that are located in different zone districts shall be the one that requires the greatest distance.

** The decision maker may determine a higher maximum number of residents to be allowed to occupy the facility upon finding that the facility as so occupied will satisfy the following criteria:

a. the adjacent street system is sufficient to accommodate the traffic impacts generated by the large group care facility;

b. the large group care facility has made adequate, on-site accommodations for its parking needs;

c. the architectural design of the large group care facility is compatible with the character of the surrounding neighborhood;

d. the size and scale of the large group care facility is compatible with the character of the surrounding neighborhood; and

e. the types of treatment activities or the rendering of services proposed to be conducted upon the premises are substantially consistent with the activities permitted in the zone district in which the facility is proposed to be located.

(C) With respect to group homes which require either a Type 1 or Type 2 review, the following regulations shall apply:

(1) Before any group home shall be approved in any zone that requires a Type 1 or Type 2 review, the decision maker shall conduct such review for the purpose of approving, denying or approving with conditions the application for a group home use in such zone. If approved, the decision maker shall, with such approval, establish the type of group home permitted and the maximum number of residents allowed in such group home.

(2) A group home may be located without consideration to the minimum separation requirements as established in subparagraph (A) and (B) of this Section if the group home is separated from other group homes within the area of the aforesaid minimum separation requirement by a substantial natural or man-made physical barrier, including, but not limited to, an arterial street, a state or federal highway, railroad tracks, river or commercial/business district. Such reduction in the separation requirement shall be allowed only after the decision maker has determined that the barrier and resulting separation distance are adequate to protect the City from any detrimental impacts resulting from an excessive concentration of group homes in any one (1) vicinity.

(3) No permanent certificate of occupancy will be issued by the City for a group home until the person applying for the group home has submitted a valid license, or other appropriate authorization, or copy thereof, from a governmental agency having jurisdiction.

(4) If active and continuous operations are not carried on in a group home which was approved pursuant to the provisions contained in this Section for a period of twelve (12) consecutive months, the group home use shall be considered to have been abandoned. The group home use can be reinstated only after obtaining a new approval from the decision maker as outlined in this Section.

(D) Shelters for victims of domestic violence shall be separated from any other group home or shelter by a minimum of one thousand five hundred (1,500) feet.

(Ord. No. 59, 2000 §24, 6/6/00; Ord. No. 107, 2001 §§30, 31, 6/19/01; Ord. No. 177, 2002 §15, 12/17/02; Ord. No. 192, 2006 §§9, 10, 12/19/06; Ord. No. 028, 2009 §2, 3/24/09; Ord. No. 036, 2001 §1, 3/22/11)

3.8.7 SignsGo to the top

(A) General.

(1) Signs Permitted. Signs shall be permitted in the various zone districts as accessory uses in accordance with the regulations contained in this Section.

(2) Prohibited Signs. Rooftop signs and all other signs which project above the fascia wall, portable signs, revolving and rotating signs, strings of light bulbs not permanently mounted on a rigid background used in connection with commercial premises for commercial purposes other than traditional holiday decorations, posters and wind-driven signs (except banners and pennants) shall be prohibited in all zone districts.

(3) Nonconforming Signs.

(a) Existing signs which were erected without a permit and which, although legally permissible at the time they were erected, have become nonconforming because of subsequent amendments to this Code must be brought into conformance with the provisions of this Section, as amended, within ninety (90) days of the effective date of the amendment which caused the nonconformity.

(b) Existing on-premise signs for which a sign permit was issued pursuant to the previous provisions of this Code, and which have become nonconforming because of an amendment to this Code, shall be brought into conformance with the provisions of this Section 3.8.7 within the period of time specified in the ordinance containing the amendment which causes the nonconformity. In determining such period of time, the City Council shall consider the length of time since the last Code change affecting that same category of signs as well as the cost of bringing the signs into compliance. During the period of time that the signs may remain nonconforming, such signs shall be maintained in good condition and no such sign shall be:

1. structurally changed to another nonconforming sign, although its content may be changed;

2. structurally altered in order to prolong the life of the sign, except to meet safety requirements;

3. altered so as to increase the degree of nonconformity of the sign;

4. enlarged;

5. continued in use if a change of use occurs as defined in the zoning ordinance, or if the premises promoted by the sign comes under new ownership or tenancy and such sign is proposed to be remodeled, repainted or otherwise changed for the purpose of displaying the new name or other new identification of the premises; or

6. re-established after damage or destruction if the estimated cost of reconstruction exceeds fifty (50) percent of the appraised replacement cost.

(c) Except as provided in subsection (d) 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-year period, such signs shall be maintained in good condition and shall be subject to the same limitations contained in subparagraphs (b)(1) through (b)(6) above. This subsection shall not apply to off- premises signs which are within the ambit of the just compensation provisions of the Federal Highway Beautification Act and the Colorado Outdoor Advertising Act.

(d) All existing signs with flashing, moving, blinking, chasing or other animation effects not in conformance with the provisions of this Article and located on property annexed to the City after November 28, 1971, shall be made so that such flashing, moving, blinking, chasing or other 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 after November 28, 1971, shall be removed or made to conform within sixty (60) days after such annexation.

(B) Administration.

(1) Permit Required; Exception.

(a) The erection, remodeling or removal of any sign shall require a permit from the Zoning Administrator, except that no permit shall be required for the erection, remodeling or removal of any sign regulated by subsections 3.8.7(C)(1)(a), (c), (g) or (j); subsections 3.8.7(D)(2), (3) or (4); or subsection 3.8.7(L).

(b) All sign permit applications shall be accompanied by detailed drawings indicating the dimensions, location and engineering of the particular sign and plat plans when applicable.

(C) Standards and Limitations.

(1) Limitations for Residential Districts and Uses. Signs in the N-C-L, N-C-M, U-E, R-F, R-L, L-M-N, M-M-N, H-M-N, N-C-B, R-C and P-O-L Districts may include and shall be limited to the following:

(a) one (1) identification sign per single-family or two-family dwelling, provided such sign does not exceed two (2) square feet in area per face;

(b) one (1) identification sign per multi-family dwelling, provided such sign does not exceed twenty (20) square feet in area per face and has only indirect illumination;

(c) one (1) for sale or for rent sign per lot, provided such sign does not exceed six (6) square feet in area per face and is unlighted;

(d) identification signs during the construction of a development, provided that the placement and use of all such signs shall be subject to the following limitations:

1. The maximum size for identification signs shall be sixty-four (64) square feet in area per face.

2. All such signs shall be located within the development and must be located along arterial streets abutting the development and shall be subject to the following limitations:

a. No more than two (2) such signs shall be permitted on any single arterial boundary of the development.

b. Such signs must be at least one thousand (1,000) feet apart if they are not located at the same intersection.

3. When a development has no frontage on an arterial street, identification signs may be located along collector streets abutting the development, except that no more than one (1) such sign shall be permitted along any collector street abutting the development.

4. Identification signs must be removed when the development sales office closes.

(e) one (1) identification sign per public or semipublic use, provided such sign does not exceed thirty-five (35) square feet in area per face, eight (8) feet in height and has only indirect illumination;

(f) one (1) identification sign per entrance to the property identifying a subdivision or housing project, provided that such sign does not exceed thirty-five (35) square feet in area per face, six (6) feet in height and has only direct illumination. When such signs are placed on subdivision entry wall structures, only the sign face shall be used to calculate the size of the sign;

(g) any number of election signs, provided each such sign does not exceed eight (8) square feet in area per face and is unlighted;

(h) one (1) identification sign per child care center, provided such sign does not exceed ten (10) square feet in area per face and is unlighted;

(i) one (1) identification sign per subdivision sales office, provided that such sign does not exceed ten (10) square feet in area per face and is unlighted;

(j) any number of ideological signs, provided such signs do not exceed ten (10) square feet in area per face with a maximum aggregate of twenty (20) square feet in face area per lot and are unlighted. In addition, where an identification sign is allowed under this Section, all or any portion of said sign may be used as an ideological sign;

(k) one identification sign per licensed home occupation with lot frontage on an arterial street, provided that such sign does not exceed four (4) square feet in area per face.

(D) General Limitations for Nonresidential Districts and Uses. Signs in the D, R-D-R, C-C, C-C-N, C-C-R, C-G, C-S, N-C, C-L, H-C, E and I districts, or for any institutional/civic/public, business, commercial or industrial use in a mixed-use district shall be limited to the following:

(1) such signs as are permitted in the R-L District.

(2) any number of election signs, provided each such sign does not exceed thirty-two (32) square feet in area per face.

(3) one (1) for sale or for rent sign per lot, provided such sign does not exceed sixteen (16) square feet in area per face.

(4) any number of ideological signs, provided such signs comply with all other requirements for signs in nonresidential districts.

(5) flush wall signs, projecting wall signs, window signs, freestanding signs and ground signs, provided that the placement and use of all such signs shall be governed by and shall be within the following limitations:

(a) For the first two hundred (200) feet in building frontage length, the maximum sign area permitted shall be equal to two (2) square feet of sign area for each linear foot of building frontage length.

(b) For that portion of a building frontage which exceeds two hundred (200) feet in length, the maximum sign area permitted shall be equal to one (1) square foot of sign area for each linear foot of building frontage length over such two hundred (200) feet. The sign area permitted hereunder shall be in addition to the sign area permitted under (5)a. above.

(c) In no event shall the total sign allowance for any property be less than one (1) square foot of sign allowance for each linear foot of lot frontage.

(d) In no event shall more than three (3) street or building frontages be used as the basis for calculating the total sign allowance as permitted in subsections 5(a) and 5(c) above, inclusive.

(6) For the purpose of this Section, the sign allowance shall be calculated on the basis of the length of the one (1) building frontage which is most nearly parallel to the street it faces. If a building does not have frontage on a dedicated public street, the owner of the building may designate the one (1) building frontage which shall be used for the purpose of calculating the sign allowance. If the only building frontage which fronts on a dedicated 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 Article may be placed on frontage other than the building fascia which was the basis for the sign allowance calculation. In all other cases, the sign allowance for a property may be distributed in any manner among its building and/or street frontages except that no one (1) building or street frontage may contain more sign area than one hundred (100) percent of the sign area provided for by (5)(a) through (5)(c) above, inclusive.

(7) In addition to the sign allowance calculation described in paragraph (6) above, a building located in the Downtown (D) Zone District that abuts an alley which has been improved pursuant to the Downtown Development Authority's Alley Enhancement Project may be allowed one (1) flush wall sign not to exceed six (6) square feet, or one (1) projecting wall sign not to exceed six (6) square feet per side, on the rear wall of such building, provided that a public entrance to the business(es) advertised on the sign exists in said wall.

(E) Limitations for Nonresidential Districts and Nonresidential Uses in the Residential Neighborhood Sign District. There is hereby established a "Residential Neighborhood Sign District" for the purpose of regulating signs for nonresidential uses in certain geographical areas of the City which may be particularly affected by such signs because of their predominantly residential use and character. The boundaries of the "Residential Neighborhood Sign District" shall be shown on a map which shall be maintained in the office of the City Clerk. Any amendments to this map shall be made in the same manner as amendments to the Zoning Map of the City, as provided in Article 2. The following provisions shall only apply to project development plans proposed in the Neighborhood Commercial Districts and neighborhood service centers, convenience shopping centers, business service uses and auto-related and roadside commercial uses in the "Residential Neighborhood Sign District" which are developed on or after January 15, 1993. In addition, all such provisions, except subsections (14) and (15) below, shall apply to signs in neighborhood service centers, neighborhood commercial districts, convenience shopping centers, business service uses and auto-related and roadside commercial uses in the "Residential Neighborhood Sign District" which were developed prior to the effective date of this Code, whenever such signs are erected or remodeled pursuant to a permit after January 15, 1993.

(1) Signs regulated under this Section shall generally conform to the other requirements of this Section, except that when any of the following limitations are applicable to a particular sign, the more restrictive limitation shall apply.

(2) Signs regulated under this Section shall also conform to any locational requirements imposed by the decision maker as a condition of the approval of the development plan.

(3) No sign shall project more than twelve (12) inches beyond the building fascia. Under-canopy signs which are perpendicular to the face of the building shall be exempted from this requirement, except that they shall be limited to four (4) square feet in area per face.

(4) Freestanding or ground signs shall comply with the following requirements with respect to size, number and height:

Use

Maximum area per sign face

Maximum number signs permitted per street frontage

Maximum height

Auto-related and roadside commercial and business service uses

Primary - 32 s.f.

Primary - 1

Primary - 5 ft.

Convenience shopping center

Primary - 40 s.f.

Primary - 1

Primary - 8 ft.

Neighborhood service center Neighborhood Commercial District

Primary - 55 s.f.

Secondary - 32 s.f.

Primary - 1

Secondary - 1

Primary - 10 ft.

Secondary - 6 ft.

(5) Freestanding signs shall be permitted only if constructed with a supporting sign structure, the width of which exceeds seventy (70) percent of the width of the sign face. Freestanding or ground signs shall contain no more than two (2) faces. No freestanding or ground sign shall be located less than seventy-five (75) feet from any directly abutting property which contains an existing or approved residential use or is zoned for residential use. For the purposes of this subsection, the term approved shall mean having current project development plan or final plan approval.

(6) All supporting sign structures of a freestanding or ground sign shall match the primary finish and colors of the associated building(s).

(7) All signs which are greater than four (4) square feet in area, except ground signs and those signs which replicate a business logo, must be comprised only of individual letters or cabinets wherein only the letters are illuminated.

(8) The maximum size of individual letters and logos on flush wall signs and flush wall cabinets shall be as follows:

Use

Maximum letter height

Maximum logo height

Maximum cabinet height

Auto-related and roadside commercial and business service uses

12"

18"

18"

Convenience shopping center

18"

24"

24"

Neighborhood service center, Neighborhood Commercial District

24"*

30"*

30"*

* Any individual tenant space exceeding forty-five thousand (45,000) square feet in floor area shall be permitted one (1) flush wall sign with individual letters not to exceed forty-eight (48) inches in height and/or logos not to exceed fifty-four (54) inches in height. The maximum cabinet height shall be fifty-four (54) inches in height.

(9) If signs are illuminated, only internal illumination shall be permitted. This requirement shall not apply to freestanding or ground signs.

(10) The length of any flush wall sign for an individual tenant space shall be limited to seventy-five (75) percent of the width of the tenant storefront, but no sign shall exceed forty (40) feet in length; provided, however, that any individual tenant space exceeding forty-five thousand (45,000) square feet in floor area shall be permitted one (1) flush wall sign not exceeding fifty-five (55) feet in length. Each tenant space shall be allowed one (1) such flush wall sign on each exterior building wall directly abutting the tenant space. In the event that a tenant space does not have a directly abutting exterior wall, one (1) sign not exceeding thirty (30) square feet may be erected on an exterior wall of the building for the purpose of identifying that tenant space.

(11) The location of any flush wall sign shall be positioned to harmonize with the architectural character of the building(s) to which they are attached, including but not limited to any projection, relief, cornice, column, change of building material, window or door opening. Flush wall signs shall align with other such signs on the same building.

(12) No illuminated sign visible from or within three hundred (300) feet of any property which contains an existing or approved residential use or is zoned for residential use, may be illuminated between the hours of 11:00 p.m. (or one-half [½] hour after the use to which it is pertains is closed, whichever is later) and 6:00 a.m.; provided, however, that this time limitation shall not apply to any lighting which is used primarily for the protection of the premises or for safety purposes or any signage which is separated from a residential use by an arterial street. For the purposes of this subsection, the term "approved" shall mean having current project development plan or final plan approval.

(13) One (1) flush wall sign or under-canopy sign per street frontage, not to exceed twelve (12) square feet in area, shall be permitted on or under the fascia of a canopy covering the retail dispensing or sales of vehicular fuels.

(14) For the first two hundred (200) feet in building frontage length in a neighborhood service center, the maximum sign area permitted shall be equal to one and one-quarter (1¼) square feet for each linear foot of building frontage length. For that portion of a building frontage which exceeds two hundred (200) feet in length, the maximum sign area permitted shall be equal to two-thirds (2/3) foot for each linear foot of building frontage length over such two hundred (200) feet.

(15) For the first two hundred (200) feet in building frontage length in a neighborhood convenience shopping center, business service use or auto-related and roadside commercial use, the maximum sign area permitted shall be equal to one (1) square foot for each linear foot of building frontage length. For that portion of a building frontage which exceeds two hundred (200) feet in length, the maximum sign area permitted shall be equal to one-half (½) foot for each linear foot of building frontage over such two hundred (200) feet.

(16) In addition to the basic size allowance permitted under subsection 3.8.7(E)(4), the sign area and height of a freestanding or ground sign may be increased by an additional twenty (20) percent if only identification of the name and/or logo of the retail center or business park is used on the primary or secondary freestanding or ground sign. This bonus shall only be applied to the freestanding or ground sign on which the limitation occurs.

(17) Window signs, excluding ideological signs, may cover no more than twenty-five (25) percent of the surface area of the window or door in which such signs are placed. Temporary window signs shall not be allowed above the first story of a building. A window sign shall be considered to be a temporary window sign if it is displayed in the same window or door, or same approximate location outside of a window or door, for no more than thirty (30) calendar days within a six-month period of time. Changes in the message displayed on such sign shall not affect the computation of the thirty-day period of time provided for herein.

(F) Measurement of Signs.

(1) The area of signs with regular geometric shapes shall be measured using standard mathematical formulas. Regular geometric shapes shall include, but not be limited to, squares, rectangles, triangles, parallelograms, circles, ellipses or combinations thereof.

(2) The area of signs with irregular shapes or of individual letter signs shall be the entire area within a single continuous perimeter of not more than eight (8) straight lines enclosing the extreme limits of the sign.

(3) The total measured area of a sign shall include the area of all writing, representation, lines, emblems or figures contained within all modules, together with any air space, material or color forming an integral part or background of the display if used to differentiate such sign from the backdrop or structure against which it is placed.

(4) The total surface area of all sign faces shall be counted and considered to be part of the maximum total sign area allowance.

(5) The area of all freestanding and ground signs shall include the area of the sign face(s) as calculated in subsections (1) through (4) above, together with any portion of the sign structure which exceeds one and one-half (1½) times the area of the sign face(s).

(G) Freestanding and Ground Sign Requirement.

(1) Ground signs which exceed forty-two (42) inches in height, and freestanding signs which do not maintain free air space between a height of forty-two (42) inches and seventy-two (72) inches above the abutting street elevation, shall be set back from the right-of-way line a distance as established in the sight distance triangle table contained in this subsection. A freestanding sign shall not be construed to have free air space if such sign has a base, the width of which exceeds fifty (50) percent of the width of its face or three (3) feet, whichever is smaller. In addition, freestanding and ground signs shall not be located closer to the right-of-way line than allowed in the tables below that apply to such signs.

Sight Distance Triangle Setbacks (See Figure 16)

Type of street
(feet)

Y distances
(feet)

X distances
(feet)

Safe sight distance
(feet)

Arterial

Right 135
Left 270

15

500

Collector

Right 120
Left 220

15

400

Local

Right 100
Left 150

15

300

Figure 16

Safe Distance Triangle Setbacks

Figure 16 - Safe Distance Triangle Setbacks

Requirements for Freestanding Signs

(See Accompanying Text Below)

Distance from street right-of-way line
(feet)

Maximum height above grade
(feet)

Maximum size allowed per side
(square feet)

0

10

20

5

10

30

10

12

40

15

12

50

20

14

60

25

16

70

30

18

80

36 and more

18

90

Requirements for Ground Signs

(See Accompanying Text Below)

Distance from street right-of-way line
(feet)

Maximum height above grade
(feet)

Maximum size allowed per side
(square feet)

0

7

45

5

8.5

60

10

10

75

15 and more

12

90

 

(2) The maximum size for ground and freestanding signs shall be ninety (90) square feet per side. The maximum height for freestanding signs shall be eighteen (18) feet above grade. The maximum height for ground signs shall be twelve (12) feet above grade. No freestanding or ground sign shall be built within fifteen (15) feet of any interior side lot line. The minimum horizontal distance between freestanding or ground signs located on the same lot shall be seventy-five (75) feet.

(3) The maximum combined sign area of all faces of a freestanding or ground sign shall be two (2) times the maximum sign area allowed per side, based on setback. Any limitation imposed under this Article on the size of the face of a sign shall also apply to the entire side of the sign.

(4) The required setback of any freestanding or ground sign shall be measured from the street right-of-way line of the street frontage which is the basis for the allotment of such sign. Any such setback shall be measured perpendicularly from the street right-of-way line to the nearest portion of the sign face or structure.

(5) When a freestanding or ground sign is placed on a lot with two (2) or more street frontages, such sign shall be said to abut a particular street frontage when it is located closer to that street frontage than any other street frontage.

(6) No more than one (1) freestanding or ground sign per street frontage shall be permitted for any property; excepting, however, election signs authorized in Section 3.8.7(C)(1)(g) and 3.8.7(D)(2), and for sale and for rent signs authorized in Section 3.8.7(C)(1)(c) and 3.8.7(D)(3). No freestanding or ground sign shall contain more than three (3) cabinets or modules.

(7) If a lot has more than one (1) street frontage, the freestanding or ground sign permitted for each frontage must abut the street frontage which is the basis for the allotment of such sign.

(8) The sign face of a single face sign must be most nearly parallel to the abutting street frontage. The sign faces of a multi-face sign must be most nearly perpendicular to the abutting street frontage.

(9) A drive-in restaurant, when located on a lot with frontage on only one (1) street, shall be permitted one (1) additional freestanding or ground sign for the sole purpose of a menu board for the drive-thru customers. Such sign shall not exceed five (5) feet in height, thirty-five (35) square feet in area and shall be limited to one (1) face. Fifty (50) percent of the square footage of such sign shall be exempted from the total allowed for the property.

(10) All supporting structures of ground signs shall be of the same or similar materials or colors of the associated building(s) which house the businesses or activities advertised on the sign.

(11) When electrical service is provided to freestanding signs or ground signs, all such electrical service shall be underground.

(12) Freestanding signs (pole signs) shall contain no more than thirty (30) percent (forty [40] percent if located within the site distance triangle as described in paragraph 3.8.7(G)(1) above) free air space between the top of the sign 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 requirement shall be integrally designed as part of the sign by use of such things as color, material and texture. Freestanding signs that existed prior to December 30, 2011, and that do not comply with this regulation shall be removed or brought into compliance by December 31, 2019, provided that such signs otherwise comply with subparagraph (A)(3)(b) of this Section.

(H) Projecting Signs.

(1) Signs projecting over private property shall not project more than six (6) feet from the face of the building or beyond the minimum required building setback for the zone district in which located. Such signs shall not exceed fifteen (15) square feet per face.

(2) No sign may project over a public right-of-way in any zone district, except that signs eight (8) feet or more above grade may project up to forty-eight (48) inches from the face of the building if the total area for such signs is the lesser of one (1) square foot of sign for each linear foot of building or twelve (12) square feet per face.

(I) Flush Wall Signs. No flush wall or individual letter sign shall exceed seven (7) feet in height. Flush wall and individual letter signs may not project more than twelve (12) inches horizontally from the face of the building on which they are erected. Flush wall and individual letter signs that are mounted on mansards or similar architectural features may not project more than twelve (12) inches horizontally, measured at the bottom of the sign, from the surface to which they are mounted.

(J) Canopy Signs. No canopy sign shall project above the top of the canopy upon which it is mounted. No canopy sign shall project from the face of a canopy. Under-canopy signs which are perpendicular to the face of the building shall be deemed to be projecting wall signs. Under-canopy signs which are parallel to the face of the building shall be a minimum of eight (8) feet above grade and shall be deemed to be flush wall signs.

(K) Awning Signs.

(1) No awning sign shall project above the top of the awning on which it is mounted. No awning sign shall project from the face of an awning. Awnings on which awning signs are mounted may extend over a public right-of-way no more than seven (7) feet from the face of a supporting building. Awnings on which awning signs are mounted shall be at least eight (8) feet above any public right-of-way, except that any valance attached to an awning may be no less than seven (7) feet above a public right-of-way.

(2) Awning signs shall not be back-lit, except for individual letters and business logos. The amount of signage on an awning shall be limited to the lesser of thirty-five (35) square feet per individual tenant space or twenty-five (25) percent of the total area of the awning. Awning signs shall not be allowed above the first story of a building.

(L) Election Signs.

(1) Election signs authorized by Section 3.8.7(C)(1)(g) or 3.8.7(D)(2) shall be allowed on a lot at any time prior to the election day to which the sign relates and shall be removed within five (5) days after the election day.

(2) To the extent that an election message constitutes all or any portion of an ideological sign, the durational limitation contained in this Section shall not apply.

(M) Electrical Signs and Electronic Message Center Signs.

(1) Flashing, moving, blinking, chasing or other animation effects shall be prohibited on all signs.

(2) 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 is otherwise detrimental to the public health, safety or welfare.

(3) 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.

(4) Signs that contain an electronic message center shall be subject to the following limitations.

(a) The electronic message center must be programmed so that the displayed message does not change more frequently than once per minute and so that the message change from one (1) static display to another occurs instantaneously without the use of scrolling, flashing, fading or other similar effects. The message or image displayed must be complete in itself without continuation in content to the next message. Electronic message centers that display ONLY time and temperature do not need to comply with the above-described time limitations, but shall not change more frequently than once per three (3) seconds.

(b) The electronic message center must be provided with automatic dimming software or solar sensors to control brightness for nighttime viewing and variations in ambient light. Lighting from the message center shall not exceed three-tenths (0.3) foot-candles over the ambient light as measured using a foot-candle meter at the following distances from the face of the message center: thirty-two (32) feet for a sign face greater than zero (0) square feet and not more than ten (10) square feet per side; thirty-nine (39) feet for a sign face greater than ten (10) square feet and not more than fifteen (15) square feet per side; forty-five (45) feet for a sign face greater than fifteen (15) square feet and not more than twenty (20) square feet per side; fifty (50) feet for a sign face greater than twenty (20) square feet and not more than twenty-five (25) square feet per side; fifty-five (55) feet for a sign face greater than twenty-five (25) square feet and not more than thirty (30) square feet per side; fifty-nine (59) feet for a sign face greater than thirty (30) square feet and not more than thirty-five (35) square feet per side; sixty-three (63) feet for a sign face greater than thirty-five (35) square feet and not more than forty (40) square feet per side; and sixty-three (63) feet for a sign face greater than forty (40) square feet and not more than forty-five (45) square feet per side. Lighting measurements shall be taken with the meter aimed directly at the message center face, with the message center turned off, and again with the message center turned on to a full white image for a message center capable of displaying a white color, or a full amber or red image for a message center capable of displaying only an amber or red color. The difference between the off and the white, amber or red message measurements shall not exceed three-tenths (0.3) foot-candles. All such signs shall contain a default mechanism that will cause the message center to revert immediately to a black screen if the sign malfunctions.

Prior to the issuance of a permit for a sign containing an electronic message center, the permit applicant shall provide written certification from the sign manufacturer that the light intensity has been factory pre-set not to exceed the levels specified above. Prior to acceptance of the installation by the City, the permit holder shall schedule and inspection with the City Zoning Department to verify compliance. The permit holder and the business owner, business manager or property manager shall be in attendance during the inspection.

(c) A displayed message must be presented in a single color, value and hue and the background must also be a single color, value and hue.

(d) The maximum allowed size of an electronic message center shall be fifty percent (50%) of the total area of the sign face.

(e) Electronic message centers shall be integrated harmoniously into the design of the larger sign face and structure, shall not be the predominant element of the sign, shall not be allowed on a freestanding pole sign, and if located at the top of the sign, must include a substantial cap feature above the electronic message center which consists of the same material, form, color or texture as is found on the sign face or structure.

(f) With respect to sign permits issued after December 30, 2011, the pixel spacing of an electronic message center shall not exceed sixteen (16) mm, except that the maximum pixel spacing for a message center that is manufactured as a monochrome-only sign shall not exceed twenty (20) mm.

(g) 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.

(h) With respect to sign permits issued after December 30, 2011, no more than one (1) electronic message center sign shall be allowed to face each street abutting or within any property and/or site specific development plan. The minimum horizontal distance between electronic message center signs located on the same side of a street shall be one hundred (100) feet measured in a straight line.

(i) An electronic message center located inside a building but visible from a public sidewalk or public street is subject to all of the regulations contained in this subsection.

(j) Signs that contain an electronic message center which do not comply with the provisions of this Section shall be removed or made to conform by the dates specified in subparagraphs 1., 2. and 3. below and provided that such signs otherwise comply with Subparagraph 3.8.7(A)(3)(b).

1. Electronic message centers that contain dimming software or solar sensors capable of meeting the brightness levels described in subparagraph 3.8.7(M)(4)(b) shall be required to comply with such levels by January 31, 2012, and all electronic message centers located inside a building but not visible from a public sidewalk or public street shall be required to comply with paragraph 3.8.7(M)(1) and subparagraphs 3.8.7(M)(4)(a) and (c) by January 31, 2012.

2. Except as otherwise required in subparagraph (j)1. above, all signs that do not comply with the requirements of subparagraphs 3.8.7(M)(4)(a), (b) and/or (c) shall be made to comply with those requirements by December 31, 2015.

3. Structural changes or sign removal that may be required in order to comply with the requirements of subparagraphs 3.8.7(M)(4)(d), (e) and/or (g) shall be completed by December 31, 2019.

(N) Banners and Pennants.

(1) Banners and pennants are allowed in any zone district, provided a permit is obtained from the Director. Permittees shall be entitled to use banners or pennants for not more than twenty (20) days per calendar year except as provided in subsection (2) below and except that an additional twenty (20) days per calendar year shall be allowed for nonprofit organizations, and for new businesses during the first year of operation. The Director shall issue a permit for the use of banners and pennants only in locations where such banners and pennants will not cause unreasonable annoyance or inconvenience to adjoining property owners or other persons in the area and on such conditions as deemed necessary to protect adjoining premises and the public. The maximum size allowed for any one (1) banner is forty (40) square feet. No more than one (1) banner may be displayed at any one (1) time on each street that fronts the parcel of land on which the establishment requesting the permit is located; provided, however, that multiple banners may be displayed on a single street if the aggregate square footage of such banners does not exceed forty (40) square feet. 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) Notwithstanding the size and time limitations contained in paragraph (1) above, noncommercial banners or pennants may be larger in size and displayed for such additional periods of time as may be established by the City Manager during community events that, in the judgment of the City Manager, advance a goal or policy of the City Council and contribute to the health, safety or welfare of the City.

(O) Structural Requirements; Exceptions.

(1) All signs shall be maintained in good structural condition at all times. All signs, including sign structures and sign faces, shall be kept neatly painted, including all metal parts and supports that are not galvanized or of rust-resistant metals, and in a general state of good repair. For the purposes of this Section, good repair shall mean that there are no loose, broken or severely weathered portions of the sign structure or sign face. The Director may inspect any sign governed by this Division and shall have authority to order the painting, repair, alteration or removal of a sign which constitutes a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation or obsolescence.

(2) Signs shall be engineered to withstand a wind load of thirty (30) pounds per square foot, excepting, however, election signs and for sale and for rent signs.

(P) Off-Premise Signs. No off-premise sign (except an ideological or election sign) shall be constructed in any zone district after February 25, 1994. No illumination shall be added to any off-premise sign already in existence.

(Q) Vehicle-Mounted Signs.

(1) All vehicle-mounted signs shall be permanently affixed, painted, magnetically applied or otherwise mounted upon a vehicle and shall not project more than eighteen (18) inches above the surface to which they are attached; and any sign which is mounted upon the roof, hood or trunk of a vehicle and which projects above such surface upon which it is mounted shall not exceed two (2) square feet in area per face.

(2) No sign shall be placed or erected in the bed of a truck or on the deck of a trailer or a truck.

(3) The primary purpose of any vehicle upon which a vehicle-mounted sign is affixed must be to serve a useful function in the transportation or conveyance of persons or commodities from one (1) place to another, including transportation to and from work, and such intermittent delays and stops as are customary in the routine conduct of the business or activity for which the transportation or conveyance occurs.

(4) No vehicle upon which a vehicle-mounted sign is affixed may be parked on any lot for the primary purpose of directing or attracting the attention of the public to a building, institution, product, organization, event or location offered or existing elsewhere than upon the same lot where such vehicle is parked.

(5) Banners displayed on vehicles shall be subject to the regulations contained in Section 3.8.7(N).

(6) Vehicle-mounted signs used in connection with a special event are exempted from the requirements of this Section during the term of the special event only. Upon the conclusion of the special event, such signs must either be dismantled, moved to a location where the sign is not visible from public rights-of-way or made to comply with the provisions of this Section. For the purposes of this subsection, the term special event shall mean a parade, circus, fair, carnival, festival or other similar event that is intended to or likely to attract substantial numbers of persons and is different in character from the customary or usual activities generally associated with the property upon which the special event is to occur.

(7) This Section shall not apply to signs that are being transported for installation.

(R) Discontinued Establishments; Removal of Sign(s). Whenever a business, industry, service or other use is discontinued, the sign(s) pertaining to the use shall be removed or obscured by the person or entity owning or having possession of the property within ninety (90) days after the discontinuance of such use.

(S) Window Signs.

(1) Nonilluminated window signs of no more than six (6) square feet are exempt from permit requirements when the total area of all window signs fills less than twenty-five (25) percent of the area of the architecturally distinct window in which they are situated, or when the total area of all window signs does not exceed twenty-five (25) percent of the total allowable sign area for the premises.

(2) Illuminated window signs, regardless of size, require a sign permit, and the area of such signs shall be calculated as part of, and be limited by, the total allowable sign area for the premises.

(3) The area of window signs not exempt from permit requirements shall be calculated as a part of, and be limited by, the total allowable sign area for the premises.

(4) Notwithstanding any other provision to the contrary, the maximum total area of all window signs in an architecturally distinct window shall not exceed eighty (80) square feet, nor shall window signs cover more than fifty (50) percent of the area of the window in which they are located.

(5) No window sign shall exceed seven (7) feet in height.

(Ord. No. 228, 1998 §§28, 29, 12/15/98; Ord. No. 165, 1999 §30, 11/16/99; Ord. No. 59, 2000 §25, 6/6/00; Ord. No. 183, 2000 §§14, 16, 12/19/00; Ord. No. 107, 2001 §§32, 33, 6/19/01; Ord. No. 177, 2002 §16, 12/17/02; Ord. No. 173, 2003 §18, 12/16/03; Ord. No. 091, 2004 §§18—20, 6/15/04; Ord. No. 198, 2004 §§14—16, 12/21/04; Ord. No. 139, 2006 §1, 10/3/06; Ord. No. 192, 2006 §§11—13, 12/19/06; Ord. 081, 2007 §6, 7/17/07; Ord. No. 028, 2009 §2, 3/24/09; Ord. No. 068, 2010 §§8, 9, 7/6/10; Ord. No. 036, 2001 §1, 3/22/11; Ord. No. 178, 2011, §§1—3, 12/20/11; Ord. No. 031, 2013, 3/5/13)

3.8.8 LotsGo to the top

(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. 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.

(Ord. No. 070, 2005 §10, 7/5/05)

3.8.9 YardsGo to the top

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.

(B) No part of a yard required for a building for the purpose of complying with the provisions of this Land Use 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.

3.8.10 Single-Family and Two-Family Parking RequirementsGo to the top

(A) For each single-family dwelling 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 less than forty (40) feet of street frontage.

(B) Parking of any vehicle in the front yard of a lot on which exists a single-family or two-family dwelling 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.

3.8.11 Fences and WallsGo to the top

Fencing and walls shall meet the following standards:

(A) If used along collector or arterial streets, such features shall be made visually interesting and shall avoid creating a "tunnel" effect. Compliance with this standard may be accomplished by integrating architectural elements such as brick or stone columns, incorporating articulation or openings into the design, varying the alignment or setback of the fence, softening the appearance of fence lines with plantings, or similar techniques. In addition to the foregoing, and to the extent reasonably feasible, fences and sections of fences that exceed one hundred (100) feet in length shall vary the alignment or setback of at least one-third (1/3) of the length of the fence or fence section (as applicable) by a minimum of five (5) feet.

(B) Materials: Chain-link fencing with or without slats shall not be used as a fencing material for screening purposes. Except as permitted below, no barbed wire or other sharp-pointed fence and no electrically charged fence shall be installed or used in any zone districts.

(1) In the Urban Estate (U-E), Rural Land (R-U-L) and Foothills Residential (R-F) Districts, barbed wire and portable electrically charged fencing may be used for the purpose of livestock and pasture management. Electrically charged fencing must be used within permanent fencing. Electrically charged fencing that is located along any public right-of-way shall contain signage that identifies it as being electrically charged. Such signage shall occur every three hundred (300) feet and be a minimum of thirty-six (36) square inches in area. All electrically charged fencing shall be limited to low impedance commercially available electric fence energizers using an interrupted flow of current at intervals of about one (1) second on and two (2) seconds off and shall be limited to two thousand six hundred (2,600) volts at a five-hundred-ohm load at seventeen (17) millamperes current. All electric fences and appliances, equipment and materials used shall be listed or labeled by a qualified testing agency and shall be installed in accordance with manufacturers' specifications and in compliance with the National Electrical Code, 1981 Edition NFPA 701981.

(2) In the Employment (E) District and the Industrial (I) District, the Director may grant a revocable use permit that must be renewed every three (3) years for installation of security arms and barbed wire strands atop protective fences or walls, provided that the following conditions are met: the lowest strand of barbed wire must be maintained at least ten (10) feet above the adjoining ground level outside the fence; exterior area security lighting controlled by an automatic light level switch must be installed and maintained in good operating condition; and such lighting must be directed into the site and not outward toward the perimeter.

(C) Fences or walls shall be:

(1) no more than four (4) feet high between the front building line and front property line;

(2) no more than four (4) feet high if located in the front yard, or within any required side yard setback area in the front yard, except if required for demonstrated unique security purposes;

(3) no more than six (6) feet high if located within any required rear yard setback area or within any side yard setback area in a rear yard;

(4) no more than forty-two (42) inches in height when located within the visual clearance triangle described in Section 3.8.7(G)(1), and, if over thirty-two (32) inches in height within such triangle, fences shall be constructed of split rail with a minimum dimension of twelve (12) inches between horizontal members;

(5) no closer than two (2) feet to a public sidewalk;

(6) no closer than three (3) feet to a lot line along an alley where an alley-accessed garage door is set back at least twenty (20) feet from the lot line, and no closer than eight (8) feet to a lot line along an alley where an alley-accessed garage door is set back less than twenty (20) feet from the lot line, except that alley fences on lots in the RL, NCL, NCM and NCB districts may be located closer to the lot line along an alley when the City Engineer approves such a location.

(D) For the purposes of this Section, the height of a fence or wall shall be the distance from the top of the fence or wall to the finished grade of the lot directly under the fence or wall as such grade existed at the time the fence or wall was constructed. Any berm, wall or similar feature that is constructed for the purpose of increasing the height of a fence or wall shall be considered to be a part of the fence or wall.

(Ord. No. 90, 1998, 5/19/98; Ord. No. 165, 1999 §31, 11/16/99; Ord. No. 183, 2000 §17, 12/19/00; Ord. No. 087, 2002 §21, 6/4/02; Ord. No. 091, 2004 §21, 6/15/04; Ord. No. 139, 2006 § 2, 10/3/06; Ord. No. 120, 2011 §14, 9/20/2011)

3.8.12 Adult-Oriented UsesGo to the top

(A) Adult-oriented uses shall be permitted only in the zone districts established in Article 4 wherein such uses are specifically allowed.

(B) Adult-oriented uses shall not be established, operated or maintained within one thousand (1,000) feet of the boundary of any residential zone district (whether within or beyond the City's jurisdictional boundary), any structure occupied for residential purposes, any public park or playground, any child care center, any outdoor recreation facility, any limited indoor recreation use, any place of worship or assembly, any school meeting all of the requirements of the compulsory education laws of the State and/ or any other adult-oriented use. An adult-oriented use lawfully operating as a conforming use shall not be rendered a nonconforming use by the subsequent location of a residential district or residential use, public park or playground, child care center, outdoor recreation facility, limited indoor recreation use, place of worship or assembly, or school within one thousand (1,000) feet of said adult-oriented use.

(C) Method of Measurement. All measurements required pursuant to this Section shall be made from the nearest property line of the property from which spacing is required (pursuant to paragraph (B) of this Section) to the nearest entrance of the building in which the adult-oriented use is to occur, using a straight line, without regard to intervening structures or objects.

(D) Displays, Screenings. Advertisements, displays or other promotional materials displaying or depicting "specified anatomical areas" or "specific sexual activities" shall not be shown or exhibited so as to be visible or audible to the public from adjacent streets, sidewalks or walkways or from other areas outside the establishment; and all building openings, entries and windows for adult-oriented uses shall be located, covered or screened in such manner as to prevent the interior of such premises from being viewed from outside the establishment.

(E) No adult bookstore, adult novelty store or adult retail store that, as of June 14, 2002, had adult material in excess of twenty (20) percent of its stock-in-trade, or derived in excess of twenty (20) percent of its revenues from such material, or devoted in excess of twenty (20) percent of its interior business or interior advertising to such material, or maintained in excess of twenty (20) percent of its gross floor area or display space for the sale or rental of such material, shall be allowed to increase its adult material business beyond the percentages that existed on June 14, 2002.

(Ord. No. 087, 2002 §22, 6/4/02)

3.8.13 Wireless TelecommunicationGo to the top

(A) Location. Subject to the requirements of paragraph (B) of this Section, wireless telecommunication equipment may be attached to or mounted on any existing building or structure (or substantially similar replacement structure) located in any zone district of the city. Wireless telecommunication equipment shall not, however, be permitted to be attached to or mounted on any residential building containing four (4) or fewer dwelling units.

(B) Co-location. No wireless telecommunication facility or equipment owner or lessee or employee thereof shall act to exclude or attempt to exclude any other wireless telecommunication provider from using the same building, structure or location. Wireless telecommunication facility or equipment owners or lessees or employees thereof, and applicants for the approval of plans for the installation of such facilities or equipment, shall cooperate in good faith to achieve co-location of wireless telecommunication facilities and equipment. Any application for the approval of a plan for the installation of wireless telecommunication facilities or equipment shall include documentation of the applicant's good faith efforts toward such cooperation.

(C) Standards.

(1) Setbacks. With respect to a wireless telecommunication facility that is a tower or a monopole, the setback of the facility from the property lines shall be one (1) foot for every foot of height. However, to the extent that it can be demonstrated that the structure will collapse rather than topple, this requirement can be waived by the Director. In addition, the setbacks for ground-mounted wireless telecommunication equipment shall be governed by the setback criteria established in Articles 3 and/or 4.

(2) Wireless Telecommunication Facilities. Whether manned or unmanned, wireless telecommunication facilities shall be consistent with the architectural style of the surrounding architectural environment (planned or existing) considering exterior materials, roof form, scale, mass, color, texture and character. Such facilities shall also be compatible with the surrounding natural environment considering land forms, topography, and other natural features. If such facility is an accessory use to an existing use, the facility shall be constructed out of materials that are equal to or better than the materials of the principal use.

(3) Wireless Telecommunication Equipment. Wireless telecommunication equipment shall be of the same color as the building or structure to which or on which such equipment is mounted.

Whenever a wireless telecommunication antenna is attached to a building roof, the height of the antenna shall not be more than fifteen (15) feet over the height of the building. All wireless telecommunication equipment shall be located as far from the edge of the roof as possible. Even if the building is constructed at or above the building height limitations contained in Section 3.8.17, the additional fifteen (15) feet is permissible.

Whenever wireless telecommunication equipment is mounted to the wall of a building or structure, the equipment shall be mounted in a configuration as flush to the wall as technically possible and shall not project above the wall on which it is mounted. Such equipment shall, to the maximum extend feasible, also feature the smallest and most discreet components that the technology will allow so as to have the least possible impact on the architectural character and overall aesthetics of the building or structure.

Roof- and ground-mounted wireless telecommunication equipment shall be screened by parapet walls or screen walls in a manner compatible with the building’s design, color and material.

(4) Landscaping. Wireless telecommunication facilities and ground-mounted wireless telecommunications equipment may need to be landscaped with landscaping materials that exceed the levels established in Section 3.2.1, due to the unique nature of such facilities. Landscaping may therefore be required to achieve a total screening effect at the base of such facilities or equipment to screen the mechanical characteristics. A heavy emphasis on coniferous plants for year-round screening may be required.

If a wireless telecommunication facility or ground-mounted wireless telecommunication equipment has frontage on a public street, street trees shall be planted along the roadway in accordance with the policies of the City Forester.

(5) Fencing. Chain link fencing shall be unacceptable to screen facilities. Fencing material shall consist of wood, masonry, stucco or other acceptable materials and be opaque. Fencing shall not exceed six (6) feet in height.

(6) Berming. Berms shall be considered as an acceptable screening device. Berms shall feature slopes that allow mowing, irrigation and maintenance.

(7) Irrigation. Landscaping and berming shall be equipped with automatic irrigation systems meeting the water conservation standards of the city.

(8) Color. All wireless telecommunication facilities and equipment shall be painted to match as closely as possible the color and texture of the wall, building or surrounding built environment. Muted colors, earth tones and subdued colors shall be used.

(9) Lighting. The light source for security lighting shall be high pressure sodium and feature down-directional, sharp cut-off luminaries so that there is no spillage of illumination off-site. Light fixtures, whether freestanding or tower-mounted, shall not exceed twenty-two (22) feet in height.

(10) Interference. Wireless telecommunication facilities and equipment shall operate in such a manner so as not to cause interference with other electronics such as radios, televisions or computers.

(11) Access Roadways. Access roads must be capable of supporting all of the emergency response equipment of the Poudre Fire Authority.

(12) Foothills and Hogbacks. Wireless telecommunication facilities and equipment located in or near the foothills bear a special responsibility for mitigating visual disruption. If such a location is selected, the applicant shall provide computerized, three-dimensional, visual simulation of the facility or equipment and other appropriate graphics to demonstrate the visual impact on the view of the city’s foothills and hogbacks.

(13) Airports and Flight Paths. Wireless telecommunication facilities and equipment located near airports and flight paths shall obtain the necessary approvals from the Federal Aviation Administration.

(14) Historic Sites and Structures. Wireless telecommunication facilities and equipment shall not be located on any historic site or structure unless permission is first obtained from the city’s Landmark Preservation Commission as required by Chapter 14 of the City Code.

(15) Stealth Technology. To the extent reasonably feasible, the applicant shall employ "stealth technology" so as to convert the wireless telecommunication facility into wireless telecommunication equipment, as the best method by which to mitigate and/or camouflage visual impacts. Stealth technology consists of, but is not limited to, the use of grain bins, silos or elevators, church steeples, water towers, clock towers, bell towers, false penthouses or other similar "mimic" structures. Such "mimic" structures shall have a contextual relationship to the adjacent area.

(Ord. No. 59, 2000 §26, 6/6/00; Ord. No. 107, 2001 §34, 6/19/01; Ord. No. 204, 2001 §24, 12/18/01)

3.8.14 Preemption UsesGo to the top

Any use that is not permitted under the provisions of Article 4, but that must be allowed because of preemption by a sovereign jurisdiction or because of a court order, shall be processed as a Planning and Zoning Board Review (Type 2 review) and shall be approved, with or without conditions, as necessary to ensure that such use complies with all general standards as set forth in Article 3 and zone district standards as set forth in Article 4 as are or may reasonably be interpreted to be applicable to such use, provided that such standards are not preempted or ordered by a court not to be applied.

3.8.15 Housing Model VarietyGo to the top

An applicant for a Building Permit for a single-family or two-family dwelling 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. This requirement shall not apply to single-family or two-family dwellings on lots created pursuant to the zone district and land use regulations in effect on March 27, 1997.

(Ord. No. 228, 1998 §30, 12/15/98)

3.8.16 Occupancy Limits; Increasing the Number of Persons AllowedGo to the top

(A) Except as provided in subsection (B) below, or pursuant to a certificate of occupancy issued by the city to the owner of the property, the maximum occupancy allowed per dwelling unit in a single-family, two-family or multi-family dwelling shall be either:

(1) one (1) family as defined in Section 5.1.2 and not more than one (1) additional person; or

(2) two (2) adults and their dependents, if any, and not more than one (1) additional person.

(B) Exceptions. The following shall be exempt from the maximum occupancy limit established in subsection (A) above:

(1) dwellings regularly inspected or licensed by the state or federal government, including but not limited to group homes; and

(2) dwellings owned or operated by a nonprofit organization incorporated under the laws of this state for the purpose of providing housing to victims of domestic violence as such is defined in Section 18-6-800.03, C.R.S.

(C) A violation of this Section shall be proven by a preponderance of the evidence. A person shall be liable for allowing occupancy in excess of this Section if he or she knew, or through reasonable diligence should have known, that a violation of this Section was occurring.

(D) Definitions. The following words, terms and phrases, when used in this Section, shall have the meanings ascribed to them below:

(1) Adult shall mean any person eighteen (18) years of age or older who is not a dependent.

(2) Dependent shall mean the biological child of an adult occupying a dwelling unit, or a person related to an adult by reason of adoption, guardianship or other duly authorized custodial relationship, who receives financial support from the adult and who resides with the adult in the dwelling unit at least three (3) calendar months in a calendar year.

(3) Occupancy or occupy shall mean the use of a dwelling unit or any portion thereof for living and sleeping purposes by a person acting in any of the following capacities:

(a) as an owner of the unit;

(b) as a tenant under an express or implied lease or sublease of the unit or of any portion thereof; or

(c) as a guest or invitee of the owner, property manager, lessee or sublessee of the unit, if such guest or invitee stays overnight at the unit for a total of thirty (30) or more days within any twelve-month period of time.

(E) Increasing the Occupancy Limit.

(1) With respect to single-family and two-family dwellings, the number of persons allowed under this Section may be increased by the issuance of a certificate of occupancy for use as an extra occupancy rental house in zones allowing such use.

(2) With respect to multiple-family dwellings, the decision maker (depending on the type of review, Type 1 or Type 2) may, upon receipt of a written request from the applicant and upon a finding that all applicable criteria of this Code have been satisfied, increase the number of unrelated persons who may reside in individual dwelling units. The decision maker shall not increase said number unless satisfied that the applicant has provided sufficient additional amenities, either public or private, to sustain the activities associated with multi-family residential development, to adequately serve the occupants of the development and to protect the adjacent neighborhood. Such amenities may include, without limitation, passive open space, buffer yards, on-site management, recreational areas, plazas, courtyards, outdoor cafes, limited mixed-use restaurants, parking areas, sidewalks, bikeways, bus shelters, shuttle services or other facilities and services..

(3) With respect to single-family, owner occupied dwellings, the number of persons allowed under Paragraph 3.8.16(A)(1) may be increased to allow one (1) additional person by the issuance of a "host family permit," provided that the following conditions are met:

(a) Adequate off-street parking is available to accommodate the additional occupant;

(b) There have been no violations of Chapter 17 or 20 of the City Code or Section 3.18.16 of this Code at the premises for which the permit is sought within the twelve (12) months immediately preceding the date of the application for the permit; and

(c) At least two (2) months have elapsed since the issuance of any previous host family permit for the same premises.

(4) Host family permits shall be valid for ten (10) months from the date of issuance; provided, however, that in the event that the Municipal Judge or Municipal Court Referee determines, during the term of any such permit, that a violation of Chapter 17 or 20 of the City Code or Section 3.8.16 of this Code has occurred at the premises for which the permit was issued, the permit may be revoked. The City may charge a twenty-five-dollar permit fee, or any greater amount not to exceed the costs of processing the application, which shall be payable at the time of application for the host family permit.

(Ord No. 123, 2005 §6, 11/15/05; Ord No. 33, 2006, 3/7/06; Ord. No. 104, 2006 §12, 7/18/06; Ord. No. 041, 2010 §1, 4/20/10; Ord. No. 041, 2013 §7, 3/19/13)

3.8.17 Building HeightGo to the top

(A) Measuring Building Height.

(1) Building Height Measured in Feet. When measured in feet, building height shall be measured from the average of the finished ground level at the center of all walls of a building or structure to the highest point of the roof surface or structure.

(2) Building Height Measured in Stories. In measuring the height of a building in stories the following measurement rules shall apply:

(a) A balcony or mezzanine shall be counted as a full story when its floor area is in excess of one-third (1/3) of the total area of the nearest full floor directly below it.

(b) No story of a commercial or residential building shall have more than twenty-five (25) feet from floor to floor.

(c) A maximum vertical height of twelve (12) feet eight (8) inches shall be permitted for each residential story. This maximum vertical height shall apply only in the following zone districts: U-E; R-F; R-L; L-M-N; M-M-N; N-C-L; N-C-M; N-C-B; R-C; C-C-N; N-C; and H-C.

(3) Transitional Height. Regardless of the maximum building height limit imposed by the zone district standards of this Land Use Code, applicants shall be allowed to use a "transitional" height limit. The allowed "transitional" height may fall at or below the midpoint between the zone district maximum height limit and the height, in feet, of a building that exists on a lot that abuts the subject lot and faces the same street as the building on the subject lot. This provision shall not be interpreted as requiring greater minimum heights or lower maximum heights than imposed by the underlying zone district.

(B) Building Height Regulations.

(1) All dwellings shall be constructed with at least seventy-five (75) percent of the roof surface higher than seven (7) feet from grade.

(2) It shall be unlawful to construct, build or establish any building, trees, smokestack, chimney, flagpole, wire, tower or other structure or appurtenance thereto which may constitute a hazard or obstruction to the safe navigation, landing and takeoff of aircraft at a publicly used airport.

(3) No detached accessory building may exceed eight (8) feet in height unless such building complies with all of the yard setbacks for the district in which such building is located.

(C) Exemptions From Building Height Regulations. The following structures and features shall be exempt from the height requirements of this Land Use Code:

(1) chimneys, smokestacks or flues that cover no more than five (5) percent of the horizontal surface area of the roof;

(2) cooling towers, ventilators and other similar equipment that cover no more than five (5) percent of the horizontal surface area of the roof;

(3) elevator bulkheads and stairway enclosures that cover no more than five (5) percent of the horizontal surface area of the roof;

(4) fire towers;

(5) utility poles and support structures;

(6) belfries, spires and steeples;

(7) monuments and ornamental towers;

(8) solar energy systems.

(Ord. No. 59, 2000 §27, 6/6/00; Ord. No. 177, 2002 §17, 12/17/02; Ord. No. 091, 2004 §22, 6/15/04; Ord. No. 070, 2005 §11, 7/5/05; Ord. No. 073, 2008 §8, 7/1/08)

3.8.18 Residential Density CalculationsGo to the top

(A) Calculation of the gross residential density shall be performed (and included on the development plan) in the following manner:

(1) Determining the gross acreage. The gross acreage of all the land within the boundaries of the development shall be included in the density calculation except:

(a) any interest in land which has been deeded or dedicated to any governmental agency for public use prior to the date of approval of the development plan; provided, however, that this exception shall not apply to any such acquisition of an interest in land solely for open space, parkland or stormwater purposes; and

(b) land devoted to nonresidential uses such as commercial, office, industrial or civic uses.

(2) The foregoing gross acreage calculation shall be shown in a table format on the development plan and shall form the basis for calculating the gross residential density.

(3) The total number of dwelling units shall be divided by the gross residential acreage. The resulting gross residential density shall also be shown in a table format on the development plan.

(B) Calculation of the net residential density shall be performed (and included on the development plan) in the following manner:

(1) Determining the net residential acreage. The net residential acreage shall be calculated by subtracting the following from the gross acreage, as determined in subsection (A) above:

(a) land to be dedicated for arterial streets;

(b) land containing natural areas or features that are to be protected from development and disturbance in accordance with the requirements of Section 3.4.1, "Natural Habitats and Features";

(c) land set aside from development due to a geologic hazard in accordance with the requirements of Section 3.3.4, "Hazards";

(d) land containing outdoor spaces that are to be dedicated to the public or deeded to the homeowner’s association and preserved for a park or central green, but only if the total area of land does not exceed twenty-five (25) percent of the gross acreage of the project development plan and the outdoor space meets the following criteria:

1. At least thirty-five (35) percent of the boundary of the outdoor space is formed by nonarterial, public streets, and the rear facades and rear yards of houses abut not more than two (2) sides or more than fifty (50) percent of the boundary frontage of the outdoor space.

2. At a minimum, the outdoor space consists of maintained turf. In addition, such outdoor spaces may include features such as: buildings containing recreation or meeting rooms, playgrounds, plazas, pavilions, picnic tables, benches, orchards, walkways or other similar features.

3. The outdoor space is no less than ten thousand (10,000) square feet in area.

4. The outdoor space does not consist of a greenbelt or linear strip but has a minimum dimension of fifty (50) feet in all directions in any nonrectangular area, or seventy-five (75) feet in any rectangular area.

5. The outdoor space is located and designed to allow direct, safe and convenient access to the residents of surrounding blocks.

6. Storm drainage functions that are integrated into outdoor spaces allow adequate space for active recreation purposes and do not result in slopes or gradients that conflict with active recreation. Stormwater retention areas (which have no outlet) shall not be allowed. No more than ten (10) percent of an outdoor space shall consist of gradients greater than four (4) percent.

(e) land dedicated to public alleys.

(f) land dedicated to pedestrian/bicycle path connections when required pursuant to subsection 3.2.2(C)(6) or subsection 4.5(E)(1)(b), or when provided voluntarily by the applicant to connect cul-de-sacs to nearby streets, provided that such connections do not exceed two hundred fifty (250) feet in length.

(g) land dedicated to landscaped traffic circles, squares, islands and boulevard strips separating the travel lanes of collector or local streets, provided that such features have the following minimum width dimensions:

1. boulevard strips: twenty-five (25) feet at any point.

2. traffic circles, squares, or islands: forty (40) feet at any point.

(2) The foregoing net acreage calculation shall be shown in a table format on the development plan and shall form the basis for calculating the net residential density.

(3) The total number of dwelling units shall be divided by the net residential acreage. The resulting density shall also be shown in a table format on the development plan.

(Ord. No. 90, 1998, 5/19/98; Ord. No. 228, 1998 §31, 12/15/98; Ord. No. 99, 1999 §15, 6/15/99; Ord. No. 198, 2004 §17, 12/21/04; Ord. No. 131, 2006 §3, 9/19/06)

3.8.19 Setback RegulationsGo to the top

(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 3.8.11;

(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, provided they do not encroach on 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.

(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 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.

(Ord. No. 183, 2000 §18, 12/19/00; Ord. No. 204, 2001 §25, 12/18/01; Ord. No. 177, 2002 §18, 12/17/02; Ord. No. 091, 2004 §23, 6/15/04; Ord. No. 066, 2009 §13, 7/7/09)

3.8.20 Expansions and Enlargements of Existing BuildingsGo to the top

(A) Expansions of Large Retail Establishments. No addition to an existing large retail establishment which would increase the gross square feet of floor area of such establishment by fifty (50) percent or more, and no addition to a building which would create a large retail establishment and which would increase the gross square footage of floor area of such building by fifty (50) percent or more, shall be approved for construction or occupancy unless the entire large retail establishment affected by the new construction has been determined by the Planning and Zoning Board to be in compliance with the "Building Standards for Large Retail Establishments" contained in Section 3.5.4, the applicable general development standards contained in Article 3, and the applicable district standards contained in Article 4, whether the existing large retail establishment or building was approved under prior law or under this Land Use Code.

(B) Expansions and Enlargements of Other Nonresidential Buildings and of Multi-Family Dwellings. Any proposal for the enlargement or expansion of a nonresidential building that was constructed pursuant to a basic development review, or use-by-right review under prior law, and that is not otherwise regulated by subparagraph 3.8.20(A) of this Section, and any proposal for the enlargement or expansion of a multi-family dwelling that was constructed pursuant to a basic development review, or use-by-right review under prior law, must comply with the requirements contained in Section 1.6.5, the applicable general development standards contained in Article 3, and the applicable district standards contained in Article 4.

(C) Expansions and Enlargements of Single-Family Dwellings, Two-Family Dwellings and Accessory Buildings. Any proposal for the enlargement or expansion of a single-family dwelling, two-family dwelling or accessory building shall be subject to Building Permit review in accordance with Division 2.7 and shall comply with the applicable general development standards contained in Article 3 and the applicable district standards contained in Article 4.

(Ord. No. 177, 1998 §4, 10/20/98; Ord. No. 204, 2001 §1, 12/18/01)

3.8.21 Soil AmendmentsGo to the top

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).

(Ord. No. 90, 1998, 5/19/98; Ord. No. 228, 1998 §32, 12/15/98; Ord. No. 084, 2003 §3, 6/3/03)

3.8.22 Dog Day-Care Facility RegulationsGo to the top

(A) All services provided by a dog day-care facility shall be conducted within a completely enclosed, soundproof building.

(B) All dog day-care facilities shall be designed and constructed in a manner that eliminates any emission of odor offensive to persons owning, occupying or patronizing properties adjacent to such facilities.

(Ord. No. 228, 1998 §33, 12/15/98)

3.8.23 Mobile Home Park RegulationsGo to the top

Mobile Home Parks shall be developed in accordance with the applicable general development standards contained in Article 3, the applicable district standards contained in Article 4, and the regulations contained in Chapter 18 of the City Code.

(Ord. No. 228, 1998 §34, 12/15/98)

3.8.24 CompostingGo to the top

(A) Composting facilities shall be located at least six hundred sixty (660) feet from any land located in the R-L, L-M-N or M-M-N zone districts and/or any residential use (except a residential use occupied by the owner, operator or any employee of such composting facility) as such zone districts or residential uses exist at the time of the establishment of such composting facility.

(B) Composting facilities shall contain and treat on-site, all water run-off that comes into contact with the feedstocks or compost, in such manner that the run-off will not contaminate surface or ground water.

(C) Composting facilities shall not be located in any floodway.

(D) No composting facility shall commence operation until a nuisance condition control plan, specifying all measures to be taken to control nuisance conditions (such as odor, noise, scattered solid waste, dust or vectors) has been approved by the Director.

(Ord. No. 228, 1998 §35, 12/15/98)

3.8.25 Permitted Uses: Abandonment Period/Reconstruction of Permitted UseGo to the top

(A) If, after June 25, 1999 (the effective date of the ordinance adopting this Section), active operations are not carried on in a permitted use during a period of twelve (12) consecutive months, the building, other structure or tract of land where such permitted use previously existed shall thereafter be re-occupied and used only after the building or other structure, as well as the tract of land upon which such building or other structure is located, have, to the extent reasonably feasible, been brought into compliance with the applicable general development standards contained in Article 3 and the applicable district standards contained in Article 4 of this Land Use Code. This requirement shall not apply to any permitted use conducted in a building that was less than ten (10) years old at the time that active operations ceased. Intent to resume active operations shall not affect the foregoing.

(B) A building or structure containing a permitted use which has been damaged by fire or other accidental cause or natural catastrophe may be reconstructed to its previous condition, provided that such work is started within twelve (12) months of the date of the occurrence of such damage. In the event such work is started later than twelve (12) months from the date of the occurrence, then the building or structure may be reconstructed, provided that, to the extent reasonably feasible, such reconstruction complies with the applicable standards of Article 3 and Article 4 of this Code.

(Ord. No. 99, 1999 §16, 6/15/99; Ord. No. 173, 2003 §19, 12/16/03; Ord. No. 086, 2014 §37, 7/1/14)

3.8.26 Residential BufferingGo to the top

(A) Applicability. These standards apply only to applications for residential development.

(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 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 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 which are separated by a major collector street, arterial street, or highway.

(4) Additional Standards Applicable to Buffer Yard D. The following requirements shall also apply to development located in Buffer Yard D:

(a) Measured. For purposes of Buffer Yard D standards, the buffer yard shall be measured as the distance from the outer edge of an existing oil and gas operation site to the nearest wall or corner of any occupied building proposed in the residential development. The term existing oil and gas operation site shall include the impact area of any well that has received all required permits prior to submission of the residential development plan, even if drilling has yet to occur on the site. Buffer Yard D areas may include paved areas, notwithstanding paragraph (1) above.

(b) Disclosure. If any residential development is proposed to be located within one thousand (1,000) feet of an existing oil and gas operation, then at such time as the property to be developed is platted or replatted, the plat shall show the one-thousand-foot radius from such well and shall contain a note informing subsequent property owners that certain lots shown on the plat are in close proximity to an existing oil and gas operation.

(c) Fencing. If any residential development is proposed to be located within five hundred (500) feet of an existing oil and gas operation, and if an existing fence does not surround the oil and gas operation, a fence must be erected by the developer along the property boundary between the oil and gas operation and the development that restricts public access to the oil and gas operation.

Chart 1

Land Use Intensity Categories

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
Oil and gas operations, including plugged and abandoned wells Very High
D
Transportation terminals (truck, container storage) High
B
Warehouse & distribution facilities High
B
Workshops and custom small industry Medium
A

Chart 2

Buffer Yard Types

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

Buffer Yard A:

3 Shade Trees
2 Ornamental Trees or Type 2
    Shrubs***
3 Evergreen Trees
15 Shrubs (33% Type 1, 67%
    Type 2)


15 feet
20 feet
25 feet
30 feet
35 feet
40 feet

1.00
.90
.80
.70
.60
.50

.65

.80

Buffer Yard B:

4 Shade Trees
4 Ornamental Trees or Type2
    Shrubs***
3 Evergreen Trees
25 Shrubs (Type 2)


15 feet
20 feet
25 feet
30 feet
35 feet
40 feet
45 feet

1.25
1.00
.90
.80
.70
.60
.50

.75

.85

Buffer Yard C:

5 Shade Trees
6 Ornamental Trees or Type 2
    Shrubs***
4 Evergreen Trees
30 Shrubs (Type 2)


20 feet
25 feet
30 feet
35 feet
40 feet
45 feet
50 feet

1.25
1.00
.90
.80
.70
.60
.50

.75

.85

Buffer Yard D:

6 Shade Trees
7 Ornamental Trees or Type 2
    Shrubs***
5 Evergreen Trees
35 Shrubs (Type 2)


350 feet
375 feet
400 feet
425 feet
450 feet
475 feet
500 feet

1.25
1.00
.90
.80
.70
.60
.50

.75

.85

* "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

(Ord. No. 173, 2003 §20, 12/16/03; Ord. No. 108, 2013 §§1—4, 8/20/13)

3.8.27 Performance Standards for Small Scale Reception Center in the U-E, Urban Estate DistrictGo to the top

(A) Lot Size. Minimum lot size shall be seven (7) acres.

(B) Building Size. The total floor area of any new building shall not exceed seven thousand five hundred (7,500) square feet and the total aggregate floor area of new and existing buildings shall not exceed fifteen thousand (15,000) square feet.

(C) Building Location and Separation From Residential Areas. All buildings shall be located a minimum of three hundred (300) feet from the nearest dwelling on any abutting property, except that in cases where there are no dwellings on such abutting property, all buildings shall be located a minimum of two hundred fifty (250) feet from the nearest property line of such abutting property.

(D) Outdoor Spaces, Location and Separation From Residential Areas. All outdoor spaces such as lawns, plazas, gazebos and/or terraces used for social gatherings or ceremonies associated with the reception center shall be located within one hundred (100) feet of the primary building and shall be located a minimum of three hundred (300) feet from the nearest dwelling on any abutting property, except that in cases where there are no dwellings on such abutting property, all outdoor spaces, as described above, shall be located a minimum of two hundred fifty (250) feet from the nearest property line of such abutting property.

(E) Nonresidential Abutment. At least one-sixth (1/6) of the reception center's property boundary must be contiguous to property which is zoned in one (1) or more of the following nonresidential zone districts within the City:

D, Downtown;

R-D-R, River Downtown Redevelopment;

C-C, Community Commercial;

C-C-N, Community Commercial - North College;

C-C-R, Community Commercial - Poudre River;

C-G, General Commercial;

C-S, Service Commercial;

N-C, Neighborhood Commercial;

C-L, Limited Commercial;

H-C, Harmony Commercial;

E, Employment;

I, Industrial.

(F) Access. Vehicular access to the reception center shall be only directly from an arterial street so as to not add traffic to existing local neighborhood streets.

(G) Buffering. If the reception center abuts a single-family dwelling or property zoned for such activity, buffering shall be established between the two (2) land uses sufficient to screen the building, parking, outdoor lighting and associated outdoor activity from view. A combination of setbacks, landscaping, building placement, fences or walls and elevation changes and/or berming shall be utilized to achieve appropriate buffering.

(H) Hours of Operation. Hours of operation shall be limited to 8:00 a.m. to 10:00 p.m. Sunday through Thursday and 8:00 a.m. to 12:00 a.m. on Friday and Saturday.

(I) Noise. No noise will be permitted in violation of Chapter 20, Article II of the Municipal Code, and the following limitations will also apply:

(1) Music that is not amplified (such as stringed quartets or acoustic guitars) will be allowed out of doors, but shall end no later than 8:00 p.m. Sunday through Thursday, and 9:00 p.m. on Friday and Saturday.

(2) Except during wedding ceremonies, sound-amplifying equipment used out of doors shall be limited to speakers with a maximum power rating of fifty (50) watts permanently installed as part of the design of outdoor spaces such as lawns, plazas, gazebos and/or terraces.

(J) On-Site Caretaker. There shall be a manager or owner on site during all hours of operation.

(K) Parking Lot Lighting. Parking lot lighting, if used at all, shall conform to the requirements contained in Section 3.2.4, and shall be further restricted such that (a) the lighting is of high pressure sodium only and does not exceed seventy (70) watts and one hundred twenty (120) volts; and (b) the fixture does not exceed a height of fourteen (14) feet above ground level.

(Ord. No. 056, 2004 §2, 4/20/04; Ord. No. 070, 2005 §12, 7/5/05; Ord. No. 028, 2009 §2, 3/24/09; Ord. No. 036, 2001 §1, 3/22/11)

3.8.28 Boarding and Rooming House RegulationsGo to the top

(A) Extra occupancy rental houses shall conform to the occupancy limits and separation requirements specified in the following table:

Zone Maximum number of permissible residents, excluding occupant family Maximum percentage of parcels per block face that may be used for extra occupancy houses
L-M-N
One (1) tenant per three hundred fifty (350) square feet of habitable floor space, in addition to a minimum of four hundred (400) square feet of habitable floor space if owner-occupied.
No more than twenty-five percent (25) of parcels on a block face may be approved for extra occupancy rental house use.
M-M-N, H-M-N, N-C-B
One (1) tenant per three hundred fifty (350) square feet of habitable floor space, in addition to a minimum of four hundred (400) square feet of habitable floor space if owner-occupied.
No limit.
D, R-D-R, C-C, C-C-N, C-C-R, C-G, C-N, N-C, C-L-E, I
One (1) tenant per three hundred fifty (350) square feet of habitable floor space, in addition to a minimum of four hundred (400) square feet of habitable floor space if owner-occupied.
No limit.
R-L, N-C-L, R-F, U-E, N-C-M, H-C, P-O-L, R-C
n/a
Extra occupancy rental houses not allowed.

 

(B) In all zone districts allowing extra occupancy rental houses except L-M-N, an application for extra occupancy rental house use for five (5) or fewer tenants shall be subject to basic development review.

(C) In all zone districts allowing extra occupancy rental houses except L-M-N, an application for extra occupancy rental house use for more than five (5) tenants shall be subject to Type 1 administrative review.

(D) In the L-M-N zone district, an application for extra occupancy rental house use for four (4) or fewer tenants shall be subject to basic developmental review.

(E) In the L-M-N zone district, an application for extra occupancy rental house use for more than four (4) tenants shall be subject to Type 1 administrative review.

(Ord. No. 123, 2005 §7, 11/15/05; Ord. No. 104, 2006 §12, 7/18/06; Ord. No. 036, 2001 §1, 3/22/11)

3.8.29 Outdoor Vendor RegulationsGo to the top

(A) Outdoor vendors shall be prohibited on undeveloped lots.

(B) Outdoor vendors shall be considered as accessory uses in the zone districts in which they are permitted, provided they are on lots that contain a principal building wherein active operations are being conducted. Outdoor vendors that qualify as accessory uses shall not be subject to change-of-use regulations which would otherwise require the properties on which they are located to be brought into compliance with the standards of this Code.

(C) Outdoor vendors located on lots wherein active operations in the principal building have ceased shall be considered principal uses and shall be subject to change-of-use regulations requiring that the properties upon which they are located be brought into compliance with the applicable standards of this Code.

(D) Signage for outdoor vendors shall be limited to signs placed directly onto the vehicle or cart used in connection with the business.

(E) Outdoor vendors shall comply with all outdoor vendor regulations and standards contained in Chapter 15 of the City Code.

(F) An outdoor vendor shall be situated on a lot in such a manner that no aspect of its operation shall impede vehicular, pedestrian or bicycle circulation.

(Ord. No. 057, 2012 §1, 7/17/12)

3.8.30 Multi-Family Dwelling Development StandardsGo to the top

(A) Purpose/Applicability. The following standards apply to all multi-family development projects that contain at least four (4) dwelling units. These standards are intended to promote variety in building form and product, visual interest, access to parks, pedestrian-oriented streets and compatibility with surrounding neighborhoods. Multi-family developments in the Transit-Oriented Development (TOD) Overlay Zone are exempt from subsections (C) and (E) of this Section.

(B) Mix of Housing Types. A complete range of the permitted housing types is encouraged in a neighborhood and within any individual development plan, to the extent reasonably feasible, depending on the size of the parcel. The following minimum standards are intended to promote such variety:

(1) A minimum of two (2) housing types shall be required on any development parcel sixteen (16) acres or larger, including parcels that are part of a phased development. A minimum of three (3) housing types shall be required on any development parcels thirty (30) acres or larger.

(2) Lot sizes and dimensions shall be varied for different housing types to avoid monotonous streetscapes. For example, larger housing types on larger lots are encouraged on corners. Smaller lots abutting common open spaces are encouraged.

(3) The following list of housing types shall be used to satisfy this requirement:

(a) Small lot single-family detached dwellings on lots containing less than six thousand (6,000) square feet.

(b) Two-family dwellings.

(c) Single-family attached dwellings.

(d) Mixed-use dwelling units.

(e) Group homes.

(f) Multi-family dwellings containing three (3) to four (4) units per building.

(g) Multi-family dwellings containing five (5) to seven (7) units per building.

(h) Multi-family dwellings containing more than seven (7) units per building.

(4) Lot pattern. The lot size and layout pattern shall be designed to allow buildings to face toward the street.

(C) Access to a Park, Central Feature or Gathering Place. At least ninety (90) percent of the dwellings in all development projects shall be located within one thousand three hundred twenty (1,320) feet (one-quarter [¼] mile) of either a neighborhood park, a privately owned park or a central feature or gathering place that is located either within the project or within adjacent development, which distance shall be measured along street frontage without crossing an arterial street. Such parks, central features or gathering places shall contain one (1) or more of the following uses:

(1) Public parks, recreation areas or other open lands.

(2) Privately owned parks, meeting the following criteria:

(a) Size. In development projects greater than two (2) acres in gross area, such private parks must be a minimum of ten thousand (10,000) square feet. In development projects with a gross area of two (2) acres or less, such private parks must be a minimum of six (6) percent of the gross site area.

(b) Location. Such parks shall be highly visible, secure 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.

(c) Accessibility. All parts of such parks shall be safely and easily accessible by pedestrians and open to the public.

(d) 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 utilize.

(e) 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.

(f) 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.

(3) Community facilities or neighborhood support/recreation facilities (which are permitted as an accessory use to housing). If such facility is smaller than the required minimum size for privately owned parks as required in subparagraph (2)(a) above, then the facility shall be physically integrated with such park space as needed to meet the required minimum size.

(D) 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-family project shall be developed as a series of complete blocks bounded by streets (public or private). (See Figures 16A through 16F 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) 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 functional open space.

(E) Buildings.

(1) The portion of a building located within a radius of seventy-five (75) feet of the right-of-way of an intersection of two (2) arterial streets may contain an additional fourth story.

(2) The portion of a building within a radius of fifty (50) feet of the right-of-way of any street intersection (except an arterial/arterial intersection) may contain an additional fourth story.

(3) Minimum setback from the right-of-way along an arterial street shall be fifteen (15) feet and along a nonarterial street shall be nine (9) feet.

(a) Exceptions to the setback standards are permitted if one (1) of the following is met:

1. 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.

2. 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.

3. 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.

4. 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.

Figure 16A
Example of Shopping Center on One Block


Shopping Center on One Block

Figure 16B
Example of Park/Civic Block


Park/Civic Block

Figure 16C
Example of Garden Apartment Block


Shopping Center on One Block

Figure 16D
Example of Townhouses and Small Lot Houses


Garden Apartment Block

Figure 16E
Example of Bungalow Block


Bungalow Block

Figure 16F
Example of Office Block


Office Block

(F) Design Standards for Multi-Family Dwellings.

(1) Orientation and Buffer Yards. Buffer yards along the property line of abutting property containing single- and two-family dwellings shall be twenty-five (25) feet.

(2) Variation Among Buildings. 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, street-like private drive or major walkway spine. Building designs shall be considered similar unless they vary significantly in footprint size and shape. 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.

(3) Variation of Color. Each multi-family building shall feature a palette of muted colors, earth tone colors, natural colors found in surrounding landscape or colors consistent with the adjacent neighborhood. For a multiple structure development containing at least forty (40) and not more than fifty-six (56) dwelling units, there shall be at least two (2) distinct color schemes used on structures throughout the development. For any such development containing more than fifty-six (56) dwelling units, there shall be at least three (3) distinct color schemes used on structures throughout the development. For all developments, there shall be no more than two (2) similarly colored structures placed next to each other along a street or major walkway spine.

(4) Entrances. Entrances shall be made clearly visible from the streets and public areas through the use of architectural elements and landscaping.

(5) Roofs. Roof lines may be either sloped, flat or curved, but must include at least two (2) of the following elements:

(a) The primary roof line shall be articulated through a variation or terracing in height, detailing and/or change in massing.

(b) Secondary roofs shall transition over entrances, porches, garages, dormers, towers or other architectural projections.

(c) Offsets in roof planes shall be a minimum of two (2) feet in the vertical plane.

(d) Termination at the top of flat roof parapets shall be articulated by design details and/or changes in materials and color.

(e) Rooftop equipment shall be hidden from view by incorporating equipment screens of compatible design and materials.

(6) Facades and Walls. Each multi-family dwelling shall be articulated with projections, recesses, covered doorways, balconies, covered box or bay windows and/or other similar features, dividing large facades and walls into human-scaled proportions similar to the adjacent single- or two-family dwellings, and shall not have repetitive, undifferentiated wall planes. Building facades shall be articulated with horizontal and/or vertical elements that break up blank walls of forty (40) feet or longer. Facade articulation may be accomplished by offsetting the floor plan, recessing or projection of design elements, change in materials and/or change in contrasting colors. Projections shall fall within setback requirements.

(7) Colors and Materials. Colors of nonmasonry materials shall be varied from structure to structure to differentiate between buildings and provide variety and individuality. Colors and materials shall be integrated to visually reduce the scale of the buildings by contrasting trim, by contrasting shades or by distinguishing one (1) section or architectural element from another. Bright colors, if used, shall be reserved for accent and trim.

(Ord. No. 092, 2012 §1, 9/18/12; Ord. No. 041, 2013 §8, 3/19/13; Ord. No. 092, 2013 §§14—16, 7/16/13; Ord. No. 086, 2014 §38, 7/1/14)

3.8.31 Urban AgricultureGo to the top

(A) Applicability. These standards apply to all urban agriculture land uses, except those urban agriculture land uses that are approved as a part of a site-specific development plan.

(B) Purpose. The intent of these urban agriculture supplementary regulations is to allow for a range of urban agricultural activities at a level and intensity that is compatible with the City's neighborhoods.

(C) Standards.

(1) License required. Urban agriculture land uses shall be permitted only after the owner or applicant for the proposed use has obtained an urban agriculture license from the City. The fee for such a license shall be the fee established in the Development Review Fee Schedule. If active operations have not been carried on for a period of twenty-four (24) consecutive months, the license shall be deemed to have been abandoned regardless of intent to resume active operations. The Director may revoke any urban agriculture license issued by the City if the holder of such license is in violation of any of the provisions contained in paragraph (2) below, provided that the holder of the license shall be entitled to the administrative review of any such revocation under the provisions contained in Chapter 2, Article VI of the City Code.

(2) General Standards. Urban agriculture shall be allowed as a permitted use, provided that all of the following conditions are met:

(a) Mechanized Equipment. All mechanized equipment used in the urban agriculture land use must be in compliance with Chapter 20, Article II of the City Code regarding noise levels.

(b) Parking. Urban agriculture land uses shall provide additional off-street vehicular and bicycle parking areas adequate to accommodate parking demands created by the use.

(c) Chemicals and Fertilizers. Synthetic pesticides or herbicides may be applied only in accordance with state and federal regulations. All chemicals shall be stored in an enclosed, locked structure when the site is unattended. No synthetic pesticides or herbicides may be applied within a Natural Habitat Buffer Zone.

(d) Trash/Compost. Trash and compost receptacles shall be screened from adjacent properties by utilizing landscaping, fencing or storage within structures and all trash shall be removed from the site weekly. Compost piles and containers shall be set back at least ten (10) feet from any property line when urban agriculture abuts a residential land use.

(e) Maintenance. All urban agriculture land uses shall be maintained in an orderly manner, including necessary watering, pruning, pest control and removal of dead or diseased plant materials, and shall be maintained in compliance with the provisions of Chapter 20 of the City Code.

(f) Water Conservation and Conveyance. To the extent reasonably feasible, the use of sprinkler irrigation between the hours of 10:00 a.m. and 6:00 p.m. shall be minimized. Drip irrigation or watering by hand may be done at any time. The site must be designed and maintained so that any water runoff is conveyed off-site into a City right-of-way or drainage system without adversely affecting downstream property.

(g) Identification/Contact Information. A clearly visible sign shall be posted near the public right-of-way adjacent to all urban agriculture land uses, which sign shall contain the name and contact information of the manager or coordinator of the agricultural land use. If a synthetic pesticide or herbicide is used in connection with such use, the sign shall also include the name of the chemical and the frequency of application. The contact information for the manager or coordinator shall be kept on file with the City. All urban agriculture signs must comport with Section 3.8.7 of this Code.

(h) If produce from an urban agriculture land use is proposed to be distributed throughout the City, the applicant must provide a list of proposed Food Membership Distribution Sites in the application.

(i) Floodplains. If urban agriculture is proposed within a floodplain, then a Floodplain Use Permit is required in accordance with Chapter 14 of the City Code.

(j) Hoop Houses. If an urban agriculture land use contains a hoop house, then the hoop house shall be set back a minimum of five (5) feet from any property line and shall also be located in such a manner that the hoop house does not generate potential adverse impacts on adjacent uses, such as shading or glare.

(k) Additional Impact Mitigation. Measures such as landscaping, fencing or setbacks to mitigate potential visual, noise or odor impacts on adjoining property may be required by the Director. There shall be no offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line of the parcel where the urban agriculture land use is conducted. Where an urban agriculture land use abuts a residential use, there shall be a minimum setback of five (5) feet between the operation and the property line.

(3) Notice. At the time of an initial application for an urban agriculture land use within a residential zone (N-C-L, N-C-M, U-E, R-F, R-L, L-M-N, M-M-N, H-M-N, N-C-B, R-C and P-O-L) or if the urban agriculture land use exceeds one-half (0.5) acre in size, the Director shall determine whether the proposed urban agriculture land use presents a significant impact on the affected neighborhood, and, if so, the Director shall schedule a neighborhood meeting and provide mailed and posted notice for such meeting. Such notice and neighborhood meeting shall be conducted in accordance with Sections 2.2.2 and 2.2.6 of this Code.

(Ord. No. 096, 2013 §1, 7/16/13; Ord. No. 034, 2014 §2, 3/18/14)

3.8.32 Solar Energy Systems.Go to the top

(A)  Applicability. These standards shall apply to all solar energy systems.

(B)  Purpose. The purposes of these solar energy system supplementary regulations are to promote reduced dependence on nonrenewable energy sources, to design solar energy systems in a manner that minimizes impacts on adjacent properties and to promote systems that are visually compatible with the character of the areas in which they are located and that are not detrimental to public health, safety and welfare.

(C)  General Design Standards:

(1)  To the maximum extent feasible, ancillary solar equipment shall be located inside the building or screened from public view.

(2)  The applicant shall demonstrate that the height, location, setback or base elevation of a solar energy system minimizes potential glare and visual impacts of the system on adjacent properties.

(3)  Support structures for ground-mounted solar facilities shall, to the extent reasonably feasible, use materials, colors and textures that complement the site context.

(4)  All solar energy system appurtenances, including, but not limited to, plumbing, water tanks and support equipment, shall be of a color that is complementary to the site location, and shall be screened to the extent reasonably feasible without compromising the effectiveness of the solar collectors. Solar panels/collectors are exempt from the screening requirements of this Section and Paragraph 3.5.1(I)(6).

(5)  To the maximum extent feasible, solar energy systems shall complement the visual characteristics of the site and the adjacent area.

(6)  Building-mounted solar energy systems are exempt from the height requirements of this Code, except that they must comply with the height limitations of this Section 3.8.32, including the following:

Table C:
Height limitations on roof- and building-mounted solar energy systems
for principal and accessory buildings, as measured above the roofline.

Nonresidential and residential buildings (excluding single-family or duplex dwellings)
< 2:12 pitch8 feet, as measured on a vertical axis to the roof below, to which it is installed (see Figure 16.3 below)
2:12 to 6:12 pitch4 feet, as measured on a vertical axis to the roofline below, to which it is installed.
> 6:12 pitch2 feet, as measured on a vertical axis to the roofline below, to which it is installed.
Single-family and duplex dwellings (principal and accessory buildings)
No taller than 1 foot, as measured on a vertical axis to the roof below, to which it is installed, unless roof pitch is 2:12 or less, in such case 2 feet is permitted. No portion of a solar energy system shall project above the maximum projection line depicted within Figures 16.3 and 16.4 below.
All buildings
Building-mounted solar energy systems shall not extend horizontally beyond any roof overhang.
Building-mounted solar energy systems
Solar panels installed on the sides of buildings as awnings or attached to buildings as shade elements are permitted so long as the provisions of this and other applicable requirements are met.

Figure 16.3
Maximum Height for Roof-mounted Systems
(Principal Buildings [Excluding Single-family or Duplex Dwellings])

Figure 16.4:
Maximum Height for Roof-mounted Systems
(Single-family and Duplexes)

 

(D)  Standards for Small, Medium and Large-scale Solar Energy Systems. Solar energy systems shall conform to the applicable size-based regulations as set out in this subsection (D):

(1)  Small-Scale Solar Energy Systems.

(a)  Maximum Lot Size. One-half (0.5) acre.

(b)  Maximum Height. All ground-mounted small-scale solar energy systems shall comply with the accessory building height limits within the zone district, except for light poles with integrated solar panels, which are subject to the standards of Section 3.2.4.

(c)  Setbacks. Ground-mounted, small-scale solar energy systems shall not be located within the front, side or rear building setbacks, or the front yard area. If necessary for the system's effectiveness, ground-mounted solar energy collectors may be located within the minimum setbacks for the zone district, provided that the solar energy collector is located no less than fifteen (15) feet from rights-of-way and five (5) feet from all other property lines.

(d)  Parking. No minimum parking requirements shall apply. Parking spaces located beneath covered parking solar energy systems are exempt from maximum parking limits.

(2)  Medium-Scale Solar Energy Systems.

(a)  Lot Size. Between one-half (0.5) acre and five (5) acres.

(b)  Maximum Height. All ground-mounted medium-scale solar energy systems shall comply with the accessory building height limits within the zone district, except for light poles with integrated solar panels, which are subject to the standards of Section 3.2.4.

(c)  Setbacks. Ground-mounted, medium-scale solar energy systems shall not be located within the front, side or rear building setbacks, or the front yard area.

(d)  Fencing/Access. Ground-mounted medium-scale solar energy systems shall be enclosed with a perimeter fence with a minimum height of five (5) feet and a maximum height of seven (7) feet. Knox boxes and keys shall be provided at locked entrances for emergency personnel access. Warning signage shall be placed at the entrance and perimeter of the facility.

(e)  Visual Appearance. Buildings and accessory structures shall, to the extent reasonably feasible, use materials, colors and textures that blend the facility into the existing environment.

1.  Landscaping. Landscaping and/or screening materials shall be provided to assist in screening the facility from public rights-of-way and neighboring residences.

2.  Lighting. Lighting shall be limited to the minimum necessary for security and shall incorporate shielded full cut-off light fixtures.

3.  Electrical Interconnections. All electrical interconnection and distribution lines within the project boundary shall be underground, except for power lines that extend beyond the project site or are within a substation.

(3)  Large-Scale Solar Energy Systems.

(a)  Lot Size. Greater than five (5) acres.

(b)  Maximum Height. All ground-mounted large-scale solar energy systems shall comply with the accessory building height limits within the zone district, except for light poles integrating solar panels, which are subject to the standards of Section 3.2.4.

(c)  Setbacks. Large-scale solar energy systems shall be set back from all property lines a minimum of thirty (30) feet, and shall be located at least one hundred (100) feet from all residentially zoned land. Additional setbacks may be required to mitigate visual and functional impacts.

(d)  Fencing/Access. Ground-mounted large-scale solar energy systems shall be enclosed with a perimeter fence with a minimum height of five (5) feet and a maximum height of seven (7) feet. Knox boxes and keys shall be provided at locked entrances for emergency personnel access. Warning signage shall be placed at the entrance and perimeter of the facility.

(e)  Visual Appearance. Buildings and accessory structures shall, to the extent reasonably feasible, use materials, colors and textures that blend the facility into the existing environment.

1.  Landscaping. Landscaping and/or screening materials shall be provided to assist in screening the facility from public rights-of-way and neighboring residences.

2.  Lighting. Lighting shall be limited to the minimum extent necessary for security and shall incorporate shielded full cut-off light fixtures.

3.  Electrical Interconnections. All electrical interconnection and distribution lines within the project boundary shall be underground, except for power lines that extend beyond the project site or are within a substation.

(E)  Maintenance. Any solar energy system that has not been in working condition for a period of one (1) year shall be subject to Section 115 (Unsafe Structures and Equipment) of the International Building Code, which may require the panels and associated equipment to be removed, or the unsafe condition otherwise mitigated if it is determined to be unsafe. If so determined by the Building Official, the panels and associated equipment shall be promptly removed from the property to a place of safe and legal disposal, after which the site and/or building, as applicable, must be returned to its preexisting condition.

(F)  Use Restrictions in Established Residential Areas. Notwithstanding the use review criteria contained in the various zone districts set out in Article 4
(Type 1/Type 2 review), if either a small-scale solar energy system or a medium-scale solar energy system is located on an existing platted lot and within an established residential neighborhood, then such system must be processed as a permitted use subject to review by the Planning and Zoning Board.

(G)  Allocation of Energy. Energy derived from solar collectors may be allocated to the lot where the system is located or may be distributed to other locations.

(Ord. No. 086, 2014 §39, 7/1/14)


DIVISION 3.9 DEVELOPMENT STANDARDS FOR THE I-25 CORRIDORGo to the top

Sections:

3.9.1 Applicability and Purpose

3.9.2 Location of Single-Family Residential Lots From I-25

3.9.3 Building Placement Standards

3.9.4 Landscaping Standards

3.9.5 Commercial Building Design Standards

3.9.6 Block Pattern for Activity Centers

3.9.7 Service Areas, Outdoor Storage and Mechanical Equipment

3.9.8 Fencing and Walls

3.9.9 Wireless Telecommunication

3.9.10 Height

3.9.11 Minimum Residential Density in Activity Centers

3.9.12 Corridor Activity Center Design Standards

3.9.1 Applicability and PurposeGo to the top

(A) Applicability. The provisions contained in Sections 3.9.2 through 3.9.11 shall apply to applications for development within the boundary of the I-25 Subarea Plan, and, to the extent that such provisions regulate Activity Centers, they shall also apply to the I-25/State Highway 392 Corridor Activity Center; and the provisions contained in Section 3.9.12 shall apply only to the I-25/State Highway 392 Corridor Activity Center.

(B) Purpose. The purpose of this Section is to provide standards to implement the model standards outlined in the "Development Standards for the I-25 Corridor" and the "Fort Collins I-25 Corridor Subarea Plan," in addition to the standards contained elsewhere in this Land Use Code.

(Ord. No. 120, 2003 §2, 9/02/03; Ord. No. 036, 2011 §3, 3/22/11)

3.9.2 Location of Single-Family Residential Lots From I-25Go to the top

(A) Development of new single-family residential lots within one thousand three hundred twenty (1,320) feet (one-quarter [¼] mile) of the centerline of Interstate Highway 25 (I-25) shall be prohibited.

(B) In the Urban Estate zone district, development that creates new single-family residential lots located between one-quarter (¼) and one-half (½) mile from the centerline of I-25 shall utilize the clustering technique (as provided for in Section 4.1(E)(2) of this Land Use Code for the Urban Estate District) in order to concentrate densities away from I-25, maximize views and preserve landscape features or open space.

(1) Exception: single family detached dwellings in the Rural Lands District (RUL) shall be exempt from this standard.

(Ord. No. 120, 2003 §2, 9/02/03; Ord. No. 131, 2006 §1, 9/19/06)

3.9.3 Building Placement StandardsGo to the top

(A) Minimum setback of any building on a lot, tract or parcel of land adjoining the I-25 right-of-way shall be two hundred five (205) feet from the centerline of I‑25.

(B) Outside of I-25 activity centers, the placement of a building on a lot, tract or parcel of land adjoining the I-25 right-of-way where the building is located between two hundred five (205) feet and two hundred forty-five (245) feet from the centerline of I-25 shall be restricted so that no more than fifty (50) percent of the total frontage of the lot, tract or parcel of land is occupied by the building.

(C) Outside of I-25 activity centers, the placement of a building on a lot, tract or parcel of land adjoining the I-25 right-of-way where the building is located more than two hundred forty-five (245) feet from the centerline of I-25 shall be restricted so that no more than sixty (60) percent of the total frontage of the lot, tract or parcel of land is occupied by the building.

I-25 Subarea Plan

(Ord. No. 120, 2003 §2, 9/02/03; Ord. No. 173, 2003 §21, 12/16/03; Ord. No. 066, 2009 §14, 7/7/09)

3.9.4 Landscaping StandardsGo to the top

(A) Parking Lot Perimeter Landscaping. At least seventy-five (75) percent of the perimeter of all parking areas shall be screened from nearby streets, public rights-of-way, public open space and nearby uses by at least one (1) of the following methods:

(1) A berm at least three (3) feet high with a maximum slope of 3:1 in combination with evergreen and deciduous trees and shrubs;

(2) A hedge at least three (3) feet high, consisting of a double row of shrubs readily capable of growing to form a hedge, planted three (3) feet on center in a triangular pattern;

(3) A decorative fence or wall between three (3) and four (4) feet in height in combination with landscaping including, without limitation, evergreen and deciduous trees and shrubs.

(B) Site Perimeter Landscaping Abutting the I-25 Right-of-Way.

(1) Buffers abutting I-25. Developments with a site perimeter which is adjoining the I-25 right-of-way shall provide a landscaped buffer of at least eighty (80) feet between the building or parking lot edge and the I-25 right-of-way. The buffer shall consist of informal clusters of deciduous and evergreen trees and shrubs planted in an offset pattern and shall consist of one (1) tree and ten (10) shrubs per twenty-five (25) lineal feet of frontage.

(2) Berms. Berms greater than three (3) feet in height shall not be permitted adjoining the I-25 right-of-way if they block long-range views of mountains and open lands for motorists on I-25 (not including motorists on frontage roads or ramps).

(Ord. No. 120, 2003 §2, 9/02/03; Ord. No. 091, 2004 §24, 6/15/04)

3.9.5 Commercial Building Design StandardsGo to the top

(A) Roof Form.

(1) Roofs on principal structures with a building footprint of less than ten thousand (10,000) square feet shall:

(a) be pitched with a minimum slope of at least 5:12,

(b) incorporate the 5:12 pitch by use of a modified Mansard roof, covering a sufficient area of the roof so as to create the appearance that the Mansard roof covers the entire structure, and

(c) incorporate at least one (1) of the following elements into the design for each fifty (50) lineal feet of roof:

1. Projecting gables/dormers,

2. Hips,

3. Horizontal or vertical breaks,

4. Three (3) or more roof planes.

(2) Roofs on structures with a footprint of greater than ten thousand (10,000) square feet shall have at least two (2) of the following features:

(a) Parapet walls featuring three-dimensional cornice treatment that at no point exceeds one-third (1/3) of the height of the supporting wall.

(b) Overhanging eaves, extending at least three (3) feet beyond the supporting walls.

(c) Sloping roofs not exceeding the average height of the supporting walls, with an average slope greater than or equal to one (1) foot of vertical rise for every one (1) foot of horizontal run.

(d) Three (3) or more roof slope planes.

(B) Building Form/Façade Treatment.

(1) Buildings that face public streets, adjoining developments or connecting pedestrian frontage shall be articulated, fenestrated and proportioned to human scale along at least sixty (60) percent of the façade using features such as windows, entrances, arcades, arbors or awnings.

(2) Building façades facing a primary access street shall have clearly defined, highly visible customer entrances that feature at least two (2) of the following:

(a) Canopies or porticos,

(b) Overhangs,

(c) Recesses or projections of at least three (3) percent of wall length,

(d) Arcades,

(e) Distinctive roof forms,

(f) Arches,

(g) Outdoor patios,

(h) Display windows,

(i) Planters or wing walls that incorporate landscaped areas and/or places for sitting.

(C) Materials and Colors.

(1) One (1) or more of the following building materials shall be incorporated into the design of a structure and used to provide visual interest at the sidewalk level for pedestrians:

(a) Stucco,

(b) Brick,

(c) Stone, or

(d) Tinted, textured masonry block.

(2) Smooth-faced gray concrete block and tilt-up concrete panels are prohibited.

(3) Metal is prohibited as a primary exterior surface material. It may be used as trim material covering no more than ten (10) percent of the façade or as a roof material.

(4) Façade colors shall only be earth tone colors with a low reflectance.

(5) High-intensity primary colors are prohibited on any roof area visible from a public or private right-of-way or public open space.

(Ord. No. 120, 2003 §2, 9/02/03)

3.9.6 Block Pattern for Activity CentersGo to the top

(A) To the maximum extent feasible, larger sites containing multiple buildings and uses shall be composed of a series of urban-scale blocks of development defined and formed by streets or drives that provide links to nearby streets along the perimeter of the site.

(B) Block sizes shall not exceed ten (10) acres for commercial development.

(C) In addition to a network of streets and drives, blocks shall be connected by a system of parallel tree-lined sidewalks that adjoin the streets and drives combined with off-street connecting walkways so that there is a fully integrated and continuous pedestrian network.

(D) To the maximum extent feasible, remote or independent pad sites, separated by their own parking lots and service drives, shall be minimized. Such buildings shall be directly connected to the pedestrian sidewalk network.

(Ord. No. 120, 2003 §2, 9/02/03)

3.9.7 Service Areas, Outdoor Storage and Mechanical EquipmentGo to the top

(A) Location. Loading docks, outdoor storage yards and all other service areas shall be located to the sides and/or rear of a building, except when a site abuts I-25, in which event said areas shall be located to the sides of the building that do not face I-25.

(B) Screening.

(1) All outdoor storage yards, loading docks, service areas and mechanical equipment or vents larger than eight (8) inches in diameter shall be concealed by screens at least as high as the equipment they hide, of a color and material matching or compatible with the dominant colors and materials found on the façades of the principal building. Chain link, with or without slats, shall not be used to satisfy this requirement.

(2) Equipment that would remain visible despite screening, due to differences in topography (i.e., a site that is at a lower grade than surrounding roadways) shall be completely enclosed except for vents needed for air flow, in which event such vents shall occupy no more than twenty-five (25) percent of the enclosure façade.

(Ord. No. 120, 2003 §2, 9/02/03)

3.9.8 Fencing and WallsGo to the top

(A) Materials. Walls and fences shall be constructed of high-quality materials, such as tinted, textured blocks; brick; stone; treated wood; or ornamental metal; and shall complement the design of an overall development and its surroundings. The use of chain link fencing or exposed cinder block walls shall be prohibited.

(B) Location. Fences and walls shall be set back at least six (6) feet from the back edge of an adjoining public sidewalk, and such setback area shall be landscaped with turf, shrubs and/or trees, using a variety of species to provide seasonal color and plant variety.

(C) Maximum Length. The maximum length of continuous, unbroken and uninterrupted fence or wall plane shall be forty (40) feet. Breaks shall be provided through the use of columns, landscaping pockets, transparent sections and/or a change to different materials.

(Ord. No. 120, 2003 §2, 9/02/03)

3.9.9 Wireless TelecommunicationGo to the top

(A) Location. Wireless telecommunication facilities shall not be permitted within one thousand four hundred forty-five (1,445) feet of the centerline of I-25.

(B) Height. Wireless telecommunication facilities shall not exceed the maximum height allowed for a structure as specified in the Land Use Standards of the underlying zone district.

(Ord. No. 120, 2003 §2, 9/02/03)

3.9.10 HeightGo to the top

(A) Outside the I-25 activity centers, nonresidential building heights shall not exceed twenty (20) feet within two hundred twenty-five (225) feet of the centerline of I-25.

(B) Outside the I-25 activity centers, nonresidential and residential building heights shall not exceed forty (40) feet between two hundred twenty-six (226) feet and seven hundred twenty-five (725) feet of the centerline of I-25.

(C) Where existing site topography (whether natural or man-made) blocks views of the mountains or open lands from I-25, these height restrictions shall not apply.

(Ord. No. 120, 2003 §2, 9/02/03)

3.9.11 Minimum Residential Density in Activity CentersGo to the top

Minimum residential density in activity centers shall be twelve (12) dwelling units per gross acre.

(Ord. No. 120, 2003 §2, 9/02/03)

3.9.12 Corridor Activity Center Design StandardsGo to the top

(A) On any first floor building elevation that is visible from a public right-of-way, masonry materials limited to natural stone, synthetic stone, brick and concrete masonry units that are textured or split face, solely or in combination, shall be applied to cover from grade to the top of the entry feature of such elevation, or if there is no entry feature on any particular elevation, to a height that would be equivalent to the top of the first floor. For first floor building elevations not visible from a public right-of-way and on all upper stories, other exterior finish materials, including, but not limited to, synthetic stucco (E.I.F.S.), architectural metals, clay units, terra cotta, prefabricated brick panels or wood, can be applied in whole, or in combination with the masonry materials described above. For the purposes of this provision, architectural metals shall mean metal panel systems that are either coated or anodized; metal sheets with expressed seams; metal framing systems; or cut, stamped or cast ornamental metal panels, but not ribbed or corrugated metal panel systems. Standard concrete masonry units or tilt-up concrete with applied texturing are prohibited on any building elevation.

(B) A roof pitch shall be required for buildings containing less than twenty-five thousand (25,000) square feet and having three (3) stories or less. In cases where mechanical equipment must be mounted on the roof, a sloping mansard roof shall be allowed.

(C) The maximum building height shall be ninety (90) feet.

(D) All freestanding signs shall be ground signs and shall be limited to a maximum height of fourteen (14) feet along and perpendicular to I-25 and twelve (12) feet along and perpendicular to all other streets. Such ground signs shall be subject to all other requirements in Section 3.8.7.

(Ord. No. 036, 2011 §4, 3/22/11)


DIVISION 3.10 DEVELOPMENT STANDARDS FOR THE TRANSIT-ORIENTED DEVELOPMENT (TOD) OVERLAY ZONEGo to the top

Sections:

3.10.1 Applicability and Purpose

3.10.2 Permitted Uses

3.10.3 Site Planning

3.10.4 Streetscape and Pedestrian Connections

3.10.5 Character and Image

3.10.1 Applicability and PurposeGo to the top

(A) Applicability. These standards apply to applications for development within the boundary of the TOD Overlay Zone, south of Prospect Road and provided further that the provisions contained in subsection 3.10.4(D) regarding parking structure design shall also apply to the H-M-N, High Density Mixed-Use Neighborhood and the C-C, Community Commercial zone districts throughout the City.

(B) Purpose. The purpose of this Section is to modify the underlying zone districts south of Prospect Road to encourage land uses, densities and design that enhance and support transit stations along the Mason Corridor. These provisions allow for a mix of goods and services within convenient walking distance of transit stations; encourage the creation of stable and attractive residential and commercial environments within the TOD Overlay Zone south of Prospect Road; and provide for a desirable transition to the surrounding existing neighborhoods. Accordingly, in the event of a conflict between the provisions contained in this Division and the provisions contained in Article 4, this Division shall control. The purpose of this Section is also to apply the standards contained in subsection 3.10.4(D) regarding parking structure design to all land within the City that is located in the H-M-N, High Density Mixed-Use Neighborhood and the C-C, Community Commercial zone districts.

(Ord. 078, 2007 §1, 6/19/07; Ord. No. 120, 2011 §15, 9/20/2011)

3.10.2 Permitted UsesGo to the top

(A) Enclosed Mini-storage. Ground-floor enclosed mini-storage shall be prohibited. Enclosed mini-storage shall be allowed either below grade or on upper levels of a building.

(Ord. 078, 2007 §1, 6/19/07)

3.10.3 Site PlanningGo to the top

(A) Building Orientation. Primary commercial and residential building entrances shall face streets, connecting walkways, plazas, parks or similar outdoor spaces, but not parking lots. Buildings shall face all street frontages to the maximum extent feasible, with highest priority given to east-west streets that lead from transit stations to destinations.

(B) Central Feature or Gathering Place. At least one (1) prominent or central location within each transit station area shall include a convenient outdoor open space or plaza with amenities such as benches, monuments, kiosks or public art. This feature and its amenities shall be placed adjacent to a transit station, to the extent reasonably feasible.

(C) Outdoor Spaces. To the extent reasonably feasible, buildings and extensions of buildings shall be designed to form outdoor spaces such as courtyards, plazas, arcades, terraces, balconies and decks for residents' and workers' use and interaction, and to integrate the development with the adjacent physical context. To the extent reasonably feasible, a continuous walkway system linking such outdoor spaces shall be developed, and shall include coordinated linkages between separate developments.

(Ord. 078, 2007 §1, 6/19/07)

3.10.4 Streetscape and Pedestrian ConnectionsGo to the top

(A) Streetscape. Developments shall provide formal streetscape improvements which shall include sidewalks having street trees in sidewalk cutouts with tree grates, planters or other appropriate treatment for the protection of pedestrians, and shall provide seating and pedestrian light fixtures. Specific design details shall be subject to approval by the City Engineer in accordance with the design criteria for streets.

(B) On-street Parking. On-street parking shall be defined by landscaped curb extensions or bulb-outs. Conventional or enhanced crosswalks shall be provided at all intersections.

(C) Off-street Parking. Off-street parking shall be located behind, above, within or below street-facing buildings to the maximum extent feasible. No parking will be allowed between the street and the front or side of a building.

(D) Parking Structure Design. To the extent reasonably feasible, all parking structures shall meet the following design criteria:

(1) Where parking structures face streets, retail or other nonresidential uses shall be required along at least fifty (50) percent of the ground level frontage to minimize interruptions in pedestrian interest and activity. The decision maker may grant an exception to this standard for all or part of the ground level frontage on streets with low pedestrian interest or activity.

(2) Awnings, signage and architectural elements shall be incorporated to encourage pedestrian activity at the street-facing level.

(3) Auto entrances shall be located and designed to minimize pedestrian/auto conflicts. Where service entries or parking structure entries are needed, the following standards shall be met: (See Figure 16.5)

(a) the crown of the underground parking access ramp shall be at least four (4) feet behind the back edge of the sidewalk;

(b) the beginning of the ramp for an above-ground parking garage shall be at least four (4) feet behind the back edge of the sidewalk;

(c) the entry to the parking structure shall be separated from the sidewalk by low planters or a low wall;

(d) no blank walls shall be allowed on either side of the entry;

(e) the sidewalk pavement shall be continuous across the drive aisle. Any break in the paving surface or scoring shall be in the drive surface and not in the pedestrian surface; and

(f) appropriate cautionary signage shall be used to alert pedestrians to the presence of entering and exiting vehicles and to inform drivers that pedestrians have priority.

Figure 16.5

Clear Sight Lines for Pedestrian Safety

Figure 16.5 Clear Sight Lines for Pedestrian Safety

(Ord. 078, 2007 §1, 6/19/07; Ord. No. 092, 2013 §17, 7/16/13; Ord. No. 086, 2014 §§40, 41, 7/1/14)

3.10.5 Character and ImageGo to the top

(A) Articulation. Exterior building walls shall be subdivided and proportioned to human scale, using projections, overhangs and recesses in order to add architectural interest and variety and avoid the effect of a single, massive wall with no relation to human size.

(B) Rooflines. Flat-roofed buildings shall feature three-dimensional cornice treatment on all walls facing streets or connecting walkways, or a rail at the top of the wall of a usable rooftop deck, unless the top floor is stepped back to form a usable roof terrace area. A single continuous horizontal roofline shall not be used on one-story buildings. Accent roof elements or towers may be used to provide articulation of the building mass. To the maximum extent feasible, a minimum pitch of 6:12 shall be used for gable and hipped roofs. Where hipped roofs are used alone, the minimum pitch shall be 4:12.

(C) Materials and Colors.

(1) Predominant exterior building materials shall be high quality materials, including but not limited to brick, sandstone, other native stone, tinted/textured concrete masonry units, stucco systems or treated tilt-up concrete systems.

(2) All building facades shall incorporate stone, stone veneer, brick, brick veneer, stucco, corrugated metal, wood and/or equivalent accent material in a manner that highlights the articulation of the massing or the base and top of the building. An all-brick building does not need to incorporate an accent material, though soldier courses and banding or other brick, stone or metal detailing are encouraged in order to subdivide masses and establish human scale.

(3) Predominant or field colors for facades shall be low reflectance, subtle, neutral or earth tone colors. The use of high-intensity colors, black or fluorescent colors shall be prohibited.

(4) Building trim and accent areas may feature brighter colors, including primary colors, and black, but neon tubing shall not be an acceptable feature for building trim or accent areas.

(5) Exterior building materials shall not include smooth-faced concrete block, untreated or unpainted tilt-up concrete panels or prefabricated steel panels.

(D) Multiple Store Fronts. Buildings with multiple storefronts shall be unified through the use of architecturally compatible features, such as colors, details, awnings, signage and lighting fixtures.

(E) Walls, Fences and Planters. Walls, fences and planters shall be designed to match or be consistent with the quality of materials, style and colors of the development.

(F) Building Height. All buildings shall have a minimum height of twenty (20) feet, measured to the dominant roof line of a flat-roofed building, or the mean height between the eave and ridge on a sloped-roof building. In the case of a complex roof with different, co-dominant portions, the measurement shall apply to the highest portion.

(1) All buildings shall be limited to the maximum height allowed in the underlying zone district unless:

(a) the development is mixed-use and contains at least one-seventh (1/7) of its total building square footage as either residential or office use, in which case the maximum allowable height shall be the base height plus one (1) story; or

(b) the development is mixed-use and contains at least one-seventh (1/7) of its total building square footage as residential use and at least ten (10) percent of the residential units are either affordable housing units for rent or affordable housing units for sale as defined in Article 5 or structured parking (underground, interior to the site or above ground), in which case the maximum allowable height shall be the base height plus two (2) stories; or

(c) the project is mixed-use and contains at least one-seventh (1/7) of its total building square footage as residential use, and at least ten (10) percent of the residential units are either affordable housing units for rent or affordable housing units for sale as defined in Article 5, and the project contains structured parking (underground, interior to the site or above ground), in which case the maximum height shall be the base height plus three (3) stories.

(2) Buildings shall have a base portion consisting of one (1) or two (2) stories. The base portion shall be clearly defined by a prominent, projecting cornice or roof, fenestration, different material and different color from the remainder of the building. If the base portion is two (2) stories, the ground floor shall be further differentiated by fenestration and other detailing.

(3) Buildings greater than two (2) stories in height shall also be designed so that upper portions of the building are stepped back from the base. The adequacy of upper floor step-backs shall be determined by the extent to which they advance the following objectives:

(a) providing pedestrian scale along sidewalks and outdoor spaces;

(b) enhancing compatibility with the scale and massing of nearby buildings;

(c) preserving key sunshine patterns in adjacent spaces; and (d) preserving views.

(G) Windows. Standard storefront window and door systems may be used as the predominant style of fenestration for nonresidential or mixed-use buildings as long as the building facade visually establishes and defines the building stories and establishes human scale and proportion. Minimum glazing on pedestrian-oriented facades of buildings shall be sixty (60) percent on the ground floor and forty (40) percent on upper floors. Projects functionally unable to comply with this requirement shall mitigate such noncompliance with ample, enhanced architectural features such as a change in massing or materials, enhanced landscaping, trellises, arcades or shallow display window cases.

(H) Display Windows. Ground floor retail, service and restaurant uses shall have large-pane display windows. Such windows shall be framed by the surrounding wall and shall not exceed ninety (90) percent of the total ground level facade area.

(Ord. 078, 2007 §1, 6/19/07; Ord. No. 051, 2012 §12, 7/17/12; Ord. No. 086, 2014 §42, 7/1/14)


DIVISION 3.11 DEVELOPMENT STANDARDS FOR THE SOUTH COLLEGE GATEWAY AREAGo to the top

Sections:

3.11.1 Applicability and Purpose

3.11.2 Setback Area

3.11.3 Site Planning

3.11.4 Character and Image

3.11.1 Applicability and PurposeGo to the top

(A) Applicability. These standards apply to applications for development within the South College Gateway Area.

(B) Purpose. The purpose of this Section is to provide standards to modify the underlying zone districts north of the intersection of South College Avenue and Carpenter Road to encourage land uses and designs that implement the South College Corridor Plan regarding the enhancement of the South College Gateway Area (see Figure 16.7). Accordingly, in the event of a conflict between the provisions contained in this Division and the provisions contained in Article 4, this Division shall control.

Figure 16.7

Example of the South College Gateway Area Concept

Figure 16.7 - Example of the South College Gateway Area Concept

(Ord. No. 028, 2009 §1, 3/24/09)

3.11.2 Setback AreaGo to the top

(A) Setback Area Distance. A setback area of at least fifty (50) feet shall be provided along South College Avenue, measured from the curb to the nearest edge of adjacent buildings or parking areas.

(B) Landscaping. Gateway landscaping shall be provided consisting of groups of deciduous, evergreen and ornamental trees repeated across both sides of South College Avenue, including the median where permitted, in a coordinated massing pattern, with openings between groups. The massing pattern of tree groups and openings shall be placed to manage views and to reinforce such features and spaces along the streetscape as transit stops, signs and outdoor spaces that are defined by buildings, as well as community identity features, such as entry monuments, retaining walls, welcome signs and public art.

(C) Sidewalks. Sidewalks/paths along College Avenue shall be located in the landscaped setback area and shall be designed to connect key points, such as street intersections, transit stops, outdoor spaces in adjacent developments and walk-way connections while providing greater separation from College Avenue than would be provided by a parkway strip in the typical cross-section.

(D) Plaza Element. At least one (1) pedestrian or courtyard plaza element shall be provided within or immediately adjacent to the setback area and connected to the off-street path.

(Ord. No. 028, 2009 §1, 3/24/09)

3.11.3 Site PlanningGo to the top

(A) Building Placement. There shall be a building or structure placed on each side of South College Avenue at the Carpenter Road intersection.

(1) The buildings or structures shall be placed and designed to form a coordinated overall appearance across the intersection with similar placement and image, including roof forms, materials and other design characteristics.

(2) A context diagram shall be provided for each development plan to indicate how the building placement on each side will relate to building placement across the intersection. The context diagram shall include any existing or proposed buildings and other physical features.

(3) Buildings shall provide roofs with sloping pitches of at least 5:12 or arc, barrel or other architectural distinctive forms.

(Ord. No. 028, 2009 §1, 3/24/09)

3.11.4 Character and ImageGo to the top

(A) Building masses shall be varied with elements such as slipped-plane offsets, recesses and projections, reveals, harmonious variations in roof shape or height and vertical extensions at focal points.

(B) Buildings shall be multi-story or a minimum of twenty (20) feet in height.

(C) Retaining walls shall be constructed of materials that match or complement the architecture of the building.

(Ord. No. 028, 2009 §1, 3/24/09)


1 Editor's Note– Setbacks along 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.

2 Editor's Note– In accordance with Ordinance 121, Section 2, adopted 9/3/2013, Paragraph 3.2.2(K)(1)(a) shall expire and be of no further force and effect at the close of business on September 13, 2014, unless extended by ordinance of the City Council. In accordance with Ordinance 107, adopted 9/2/2014, Paragraph 3.2.2(K)(1)(a) shall expire and be of no further force and effect at the close of business on December 31, 2014, unless extended by ordinance of the City Council.