Colorado Code Publishing Company - Fort Collins Land Use Code

NOTE: The Transitional Land Use Regulations are provided for informational and reference purposes only, and are not a part of the official Land Use Code of the City of Fort Collins.

Sec. 29-477 Supplementary regulations for retail establishments occupying more than 25,000 square feet

Sec. 29-481 Co-location of wireless telecommunication services facilities and equipment

Sec. 29-593.1 Limitations for nonresidential districts and uses in the Residential Neighborhood Sign District

The following words, terms and phrases, when used in these Regulations, shall have the meanings ascribed to them in this Section:

(2) In case of any difference of meaning or implication between the text of these Regulations and the titles for each section, the text shall control;

(3) The word "shall" is always mandatory and not directory. The word "may" is permissive;

(4) Words used in the present tense include the future, unless the context clearly indicates the contrary;

(5) Words used in the singular number include the plural, and words used in the plural number include the singular, unless the context clearly indicates the contrary;

(6) A "building" or "structure" includes any part thereof. A "building or other structure" includes all other structures of every kind, regardless of similarity to buildings;

(7) The phrase used for includes "arranged for," "designed for," "intended for," "maintained for" and "occupied for."

Adult amusement or entertainment shall mean amusement or entertainment which is distinguished or characterized by an emphasis on material depicting, describing or relating to specified sexual activities or specified anatomical areas or which features topless dancers, exotic dancers, strippers, male or female impersonators or similar entertainment.

Affordable housing project shall mean a development project in which: (1) at least seventy-five (75) percent of the gross acreage to be developed under the plan is to be developed as residential dwelling units or mobile home park spaces; (2) at least ten (10) percent of said dwelling units or spaces (the “affordable housing units”) are to be available for rent or purchase on the terms described in the definitions of affordable housing unit for rent or affordable housing unit for sale (as applicable); (3) the construction of the dwelling units or spaces is to occur as part of the initial phase of the project and (i) prior to the construction of the market rate units or (ii) on a proportional basis, according to the same ratio as the number of affordable units bears to the number of the market rate units; and (4) the units will be required by binding legal instrument acceptable to the city and duly recorded with the Larimer County clerk and recorder, to be occupied by and affordable to low-income households for at least twenty (20) years.

Affordable housing unit for rent shall mean a dwelling unit which is available for rent on terms that would be affordable to households earning eighty (80) percent or less of the median income of city residents, as adjusted for family size, and paying less than thirty (30) percent of their gross income for housing, including rent and utilities. The unit must be occupied by and affordable to such low-income household(s) for a period of not less than twenty (20) years.

Affordable housing unit for sale shall mean a dwelling unit which is available for purchase on terms that would be affordable to households earning eighty (80) percent or less of the median income of city residents, as adjusted for family size, and paying less than thirty-eight (38) percent of their gross income for housing, including principal, interest, taxes, insurance, utilities and homeowners' association fees. The unit must be occupied by and affordable to such low-income household(s) for a period of not less than twenty (20) years.

Air contaminant shall mean any fume, smoke, particulate matter, vapor, gas or any combination but not including water vapor or steam condensation.

Air contamination source shall mean any source whatsoever at, from or by reason of which there is emitted or discharged into the atmosphere any air contaminant.

Alley shall mean a minor way used primarily for vehicular service access to the back of properties abutting on a street.

Aquarium shop shall mean a retail shop in which the principal business of the shop is the sale of fish as pets, as well as the sale of related equipment and food. The sale of birds as pets, and the sale of rodents weighing less than ten (10) pounds, as well as the sale of related equipment and food, shall be allowed as accessory uses to such shop.

Area of lot shall mean the total horizontal area within the lot lines of a lot.

Arterial street shall mean a street or highway which is used primarily for fast or heavy traffic.

Awning sign shall mean a sign which is mounted on a temporary shelter supported entirely from the exterior wall of the building.

Bar shall mean any premises which have been licensed under the Colorado Liquor or Beer Codes to sell, dispense or serve malt, special malt, vinous or spirituous liquors, or fermented malt beverages.

Boarding and roominghouse shall mean a building or portion which is used to accommodate, for compensation, five (5) or more boarders or roomers, not including members of the occupant's immediate family who might be occupying such building. The word compensation shall include compensation in money, services or other things of value.

Bookstore, adult shall mean an establishment having as a substantial or significant portion of its stock in trade books, magazines and other periodicals and goods and items held for sale which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas, or an establishment with a segment or sections devoted to the sale or display of such material.

Building shall mean any permanent structure built for the shelter or enclosure of persons, animals, chattels or property of any kind, which is governed by the following characteristics:

Building frontage shall mean that side of a building which faces and is parallel to or most nearly parallel to a public or private street. The length of the frontage is determined by measuring along the outside walls of the building and including eaves which are at least eight (8) feet above grade and are an integral part of the roof or building wall. There can be only one (1) building frontage for each street upon which a building faces.

Building height shall mean the vertical distance from the average of the finished ground level at the center of all walls of a building to the highest point of the roof surface, exclusive of chimneys, ventilators, pipes, solar energy systems and similar apparatus.

Building permit valuation shall mean the dollar amount on which building permit fees are calculated by the city's Building Permits and Inspections Administrator for the issuance of a building permit.

Building Permits and Inspections Administrator shall mean the duly appointed Administrator of the Division of Building Inspections or authorized representative.

Canopy sign shall mean a sign which is mounted on a permanently roofed shelter covering a sidewalk, driveway or other similar area, which shelter may be wholly supported by a building or may be wholly or partially supported by columns, poles or braces extended from the ground.

Child-care center shall mean a facility by whatever name known, which is maintained for the whole or part of a day for the care of seven (7) or more children under the age of sixteen (16) years and not related to the owner, operator or manager, whether such facility is operated with or without compensation for such care and with or without stated educational purposes. The term includes, but is not limited to, facilities commonly known as day-care centers, day nurseries, nursery schools, preschools, play groups, day camps, summer camps, centers for mentally retarded children and those facilities which give twenty-four-hour care for dependent and neglected children, but specifically excludes any family-care home as defined in these Regulations. Child-care centers are also those facilities for children under the age of six (6) years with stated educational purposes operated in conjunction with a public, private or parochial college or a private or parochial school, except that the term shall not apply to a kindergarten maintained in connection with a public, private or parochial elementary school system of at least six (6) grades.

Collector street shall mean a street or road which carries traffic from local streets to the system of major arterial streets or highways and is designed to move traffic to parks, schools and shopping centers serving residential neighborhoods.

Collector street system shall mean a system of one (1) or more collector street(s) that allows traffic to be distributed to at least two (2) arterial streets.

Community facility shall mean a publicly owned facility which is primarily intended to serve the recreational, educational, cultural or entertainment needs of the community as a whole. The term community facility shall include publicly owned golf courses but shall not include natural areas, open spaces, detention ponds or wetlands.

Community park shall mean a city-owned park of not less than thirty (30) acres which serves the recreational and open space needs of the community as a whole.

Convenience grocery store shall mean a general retail store containing less than four thousand (4,000) square feet of gross floor area (excluding any gasoline canopies), which sells goods and services which shall include, without limitation, ready-to-eat food products, groceries and sundries. Any establishment with more than seventy-five (75) percent of its revenues derived from gasoline and automotive related sales and services is not a convenience grocery store.

Developmentally disabled shall mean those persons having cerebral palsy, multiple sclerosis, mental retardation, autism, learning disability or epilepsy.

Dwelling shall mean a building used exclusively for residential occupancy, including single-family dwellings, two-family dwellings and multifamily dwellings, and which contains: (a) a minimum of eight hundred (800) square feet of floor area, or (b) in the case of a dwelling to be constructed on the rear portion of a lot in the N-C-L, N-C-M and N-C-B zoning districts, a minimum of four hundred (400) square feet of floor area, so long as a dwelling already exists on the front portion of such lot. The term dwelling shall not include hotels, motels, tents or other structures designed or used primarily for temporary occupancy. Any dwelling shall be deemed to be a principal building.

Dwelling, multifamily shall mean a building occupied by three (3) or more families living independently of each other, not including hotels, motels, fraternity houses and sorority houses and similar group accommodations.

Dwelling, single-family shall mean a building occupied by not more than one (1) family and which has not more than one (1) kitchen and not less than one (1) bathroom.

Dwelling, two-family shall mean a building occupied by two (2) families living independently of each other.

Dwelling unit shall mean one (1) or more rooms and a single kitchen designed for or occupied as a unit by one (1) family, for living and cooking purposes, located in a single-family or multifamily dwelling.

Employees shall mean the total number of persons to be employed in a building during normal periods of use.

Existing development shall mean any subdivision in the city which has been approved and recorded once all engineering improvements (water, sewer, streets, curbs, gutters, streetlights, fire hydrants and storm drainage) are installed and completed.

Family shall mean an individual living alone or either of the following groups living together as a single housekeeping unit and sharing common living, sleeping, cooking and eating facilities:

(1) Any number of persons related by blood, marriage, adoption, guardianship or other duly authorized custodial relationship; or

Family-care home shall mean a facility for child care in a place of residence of a family or person for the purpose of providing family care and training for a child under the age of sixteen (16) years who is not related to the occupants of such home, or a facility in a place of residence of a family or person for the purposes of providing elderly day care. The three (3) categories of family-care homes are as follows:

(1) Day-care home shall mean a facility providing care and training for a child or children not related to the caretakers for more than two (2) full consecutive days on a regular weekly basis, but not including twenty-four-hour care. A full day shall be defined as seven (7) or more hours.

(2) Family foster home shall mean a facility providing care and training for a child or children not related to the caretaker for regular twenty-four-hour care, provided that such child or children is received from any state operated institution for child care or from any child placement agency as defined in Section 26-6-102(2), C.R.S.

(3) Elderly day-care home shall mean a home in a place of residence of a family or person for the day-time care, protection and supervision of persons of at least sixty (60) years of age, who are not related to the caretakers, for more than two (2) full days per week.

Floor area shall mean the gross floor area of the building measured along the outside walls of the building and including each floor level, but not including open balconies, garages or other enclosed automobile parking areas, basements and one-half (½) of all storage and display areas for hard goods.

Flush wall sign shall mean any sign attached to, painted on or erected against the wall of a building in such a manner that the sign face is parallel to the plane of the wall and is wholly supported by the wall. Banners, canvas or any other similar material may be used for this type of sign only if the material is securely attached directly to the building fascia or to a rigid sign structure in a manner which prevents the material from flapping, waving or otherwise moving.

For sale or for rent sign shall mean a sign indicating the availability for sale, rent or lease of the specific lot, building or portion of a building upon which the sign is erected or displayed.

Fraternity and sorority houses shall mean student organizations established primarily to promote friendship and welfare among the members, i.e., Greek-letter social fraternities and similar organizations.

Freestanding sign shall mean a detached sign which is supported by one (1) or more columns, uprights, poles or braces extended from the ground or from an object on the ground, or a detached sign which is erected on the ground, provided that no part of the sign is attached to any part of any building, structure or other sign.

Fugitive dust shall mean solid airborne particulate matter emitted from any source other than an opening which channels the flow of air contaminants and then exhausts the contaminants directly into the atmosphere. Fugitive dust also includes solid particles released into the atmosphere by natural forces or by mechanical processes, such as crushing, grinding, milling, drilling, demolishing, shoveling, conveying, covering, bagging, sweeping, etc.

Full-line pet shop shall mean a retail shop in which the principal business of the shop is the sale of animals for pets.

Grade shall mean the elevation of the centerline of the street at the center of the property.

Grocery store shall mean a retail establishment primarily selling food, as well as other convenience and household goods, which occupies a space of not less than four thousand (4,000) square feet and not more than twenty-five thousand (25,000) square feet.

Gross leasable area shall mean the total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines and upper floors, if any, expressed in square feet measured from centerlines of joint partitions and exteriors of outside walls. This does not include office buildings in which medical, dental, research and other kinds of special organizations are housed, nor does it include theaters which are a part of a shopping center.

Ground sign shall mean a type of freestanding sign which is erected on the ground and which contains no more than twenty (20) percent total free air space. Free air space shall mean any open area between the top of the sign and the ground, vertically, and between the extreme horizontal limits of the sign extended perpendicular to the ground.

Group home shall mean a residence operated as a single dwelling, licensed by or operated by a governmental agency, for the purpose of providing special care or rehabilitation due to homelessness, physical condition or illness, mental condition or illness, or social, behavioral or disciplinary problems, provided that authorized supervisory personnel are present on the premises.

Hard goods shall mean bulky, durable goods such as household appliances, furniture, automobiles and farm and construction equipment, which all require extensive floor area for display.

Hazardous materials shall mean those chemicals or substances which are physical or health hazards as defined and classified in the Fire and Building Codes. Hazardous materials categories include explosives and blasting agents, compressed gases, flammable and combustible liquids, flammable solids, organic peroxides, oxidizers, pyrophoric materials, unstable (reactive) materials, water-reactive solids and liquids, cryogenic fluids, highly toxic and toxic materials, radioactive materials, corrosives, carcinogens, irritants, sensitizers and other health hazards. Each category is defined separately in the Fire and Building Codes in accordance with the Code of Federal Regulations Title 29 and other nationally recognized standards.

Home occupation shall mean an occupation or business activity which results in a product or service and is conducted in whole or in part in a dwelling unit, and is subordinate to the residential use of the dwelling unit.

Hotel or motel shall mean a building for occupancy as the more or less temporary abiding place of individuals who are lodged with or without meals, in which there are six (6) or more guestrooms and in which no provision is made for cooking in any individual room or suite. A motel or hotel room or suite which includes cooking facilities shall be considered a dwelling unit.

Individual letter sign is a type of flush wall sign consisting of individual letters, incised letters, script or symbols with no background material other than the wall of the building to which the letters, script or symbols are affixed. If the individual sections of an individual letter sign are connected by a common structure, commonly known as a "raceway," which provides for the electrical and/or mechanical operation of said sign, the "raceway" must be painted to match the color of the building or other structure to which the sign is mounted and must be limited to a height of no more than one-half (½) of the height of the tallest letter.

Junkyard shall mean an industrial use (not permitted in residential, business or commercial districts) contained within a building, structure or parcel of land, or portion thereof, used for the collecting, storage or sale of wastepaper, rags, scrap metal or discarded material or for the collecting, dismantling, storage, salvaging or demolition of vehicles, machinery or other material and including the sale of, in whole or in parts thereof. A junkyard shall not mean a recycling facility.

Large retail establishment shall mean a retail establishment, or any combination of retail establishments in a single building, occupying more than twenty-five thousand (25,000) gross square feet of floor area.

Laundry and dry-cleaning retail outlet shall mean a laundry and/or dry-cleaning outlet whose business consists primarily of serving retail customers, provided that any laundry and dry-cleaning processing that occurs on the premises is limited to items which are brought directly to the premises by the retail customer.

Lighting, indirect when applied to the lighting of signs, shall mean reflected light only from a concealed light source outside the sign face which reflects from the sign face only or from the sign face and sign copy.

Limited indoor recreation use shall mean establishments primarily engaged in the operation of such activities as exercise and athletic facilities, and amusement and recreational services, such as billiard and pool parlors, dance studios, martial art schools, arts and crafts studios, and exercise and health clubs, but not including bowling alleys or establishments which have large-scale gymnasium-type facilities for such activities as tennis, basketball and competitive swimming. This definition is intended to restrict the type of recreational use allowed to small-scale facilities that would be compatible with typical buildings and uses in the limited business zoning district in which this use is allowed.

Local street shall mean a street which is used primarily for access to the abutting properties.

(1) Convalescent center shall mean a health institution that is planned, organized, operated and maintained to offer facilities and services to inpatients requiring restorative care and treatment and that is either an integral patient care unit of a general hospital or a facility physically separated from but maintaining an affiliation with all services in a general hospital.

(2) Nursing care facility shall mean a health institution planned, organized, operated and maintained to provide facilities and health services with related social care to inpatients who require regular medical care and twenty-four-hour nursing services for illness, injury or disability. Each patient shall be under the care of a physician licensed to practice medicine in the State of Colorado. The nursing services shall be organized and maintained to provide twenty-four-hour nursing services under the direction of a registered professional nurse employed full time.

(3) Intermediate health care facility shall mean a health-related institution planned, organized, operated and maintained to provide facilities and services which are supportive, restorative and preventive in nature, with related social care, to individuals who because of a physical or mental condition, or both, require care in an institutional environment but who do not have an illness, injury or disability for which regular medical care and twenty-four-hour nursing services are required.

Lot shall mean a parcel of land having at least twenty (20) feet of frontage on a public street, occupied or designed to be occupied by one (1) or more buildings, structures or uses, together with such open areas as are required by these Regulations.

Lot line, front shall mean the property line dividing a lot from a street. On a corner lot only one (1) street line shall be considered as a front line, and the shorter street frontage shall be considered the front line.

Lot line, side shall mean any lot lines other than front lot line or rear lot line.

Major addition shall mean the extension of an existing building where the cost of the addition, not including repairs and reconstruction of the existing building, is in excess of the assessed valuation of the existing building as assessed by the county Assessor during the year preceding the year in which such major addition takes place.

Major employment center shall mean any building, any office or business park, or any combination of two (2) or more adjacent shopping centers, which provides employment for more than one hundred (100) full-time employees during a single eight-hour shift.

Marginal-access street shall mean a local street which is parallel to and adjacent to expressways or major arterials and which provides access to abutting properties and protection from through traffic.

Meeting place and place for public assembly as used in § 29-177, shall mean a hall, auditorium or other suitable room or rooms used for the purpose of conducting meetings of the membership and guests of the occupant of such structure. The same shall not include commercial endeavors such as commercial moving picture houses, stage productions or the like.

Mixed use shall mean the development of a lot, tract or parcel of land, building or structure with two (2) or more different uses such as, but not limited to, residential, office, retail, public, personal service or entertainment, designed, planned and constructed as a unit.

Mobile home shall mean a transportable, single-family dwelling unit built on a permanent chassis with attached undercarriage consisting of springs, axles, wheels and hubs, and which is suitable for year-round occupancy and contains the same water supply, waste disposal and electrical conveniences as immobile housing. A mobile home is designed to be transported on streets to the place where it is to be occupied as a dwelling unit and may or may not be attached to a permanent foundation.

Multifamily development shall mean a collection of residential buildings, planned as a unit, which contains one hundred (100) or more dwelling units with a net density of not less than ten (10) dwelling units per acre.

Neighborhood park shall mean a park of not less than six (6) acres and no more than thirty (30) acres which serves the recreational and open space needs of residents of surrounding neighborhoods.

Neighborhood plan shall mean a document adopted by the City Council as a part of the Comprehensive Plan of the city containing public policies relating to a specific neighborhood.

Net developable area shall mean the area of the site of a proposed development, excluding public rights-of-way, and open space areas greater than ten thousand (10,000) square feet.

North Fort Collins shall mean that area within the Fort Collins municipal boundaries which lies north of Laurel Street extended and east of Overland Trail.

Office (or business) park shall mean a development on a lot, tract or parcel of land that contains a minimum of seven (7) separate buildings for office and/or industrial use and supporting uses, and is designed, planned and constructed as a unit.

Off-premise sign shall mean a sign or billboard which is used or intended for use to advertise, identify, direct or attract the attention of the public to a business, institution, product, organization, event or location offered or existing elsewhere than upon the same lot, tract or parcel of land where such sign or billboard is displayed.

Opacity shall mean the degree to which air contaminant emission obscures the view of an observer, expressed in percentage of the obstruction, or the degree (percent) to which transmittances of light are reduced by an air contaminant emission.

Permanent sign shall mean a sign which is permanently affixed or attached to the ground or to a structure.

Personal service shops shall mean shops primarily engaged in providing services generally involving the care of the person or such person's apparel such as laundry and dry-cleaning retail outlets, portrait/photographic studios and beauty and barber shops.

Photo studio, adult shall mean an establishment which, upon payment of a fee, provides photographic equipment and/or models for the purpose of photographing specified anatomical areas.

Place shall mean a minor way used primarily for vehicular access to the abutting properties, provided that no place shall have a greater length than three hundred fifty (350) feet, and provided further that no place shall provide access to more than fifteen (15) lots, and provided further that no discontinuous place (cul-de-sac) shall provide access to more than fifteen (15) dwelling units.

Portable sign shall mean: (1) a sign which is not permanently affixed or attached to the ground or to any structure, or (2) any outdoor display of a product, merchandise or material which, by reason of its location or manner of display, is intended primarily to attract attention to the product, merchandise or material, or the premises upon which it is situated.

Professional office shall mean an office for professionals such as physicians, dentists, lawyers, architects, engineers, artists, musicians, designers, teachers, accountants and others who through training are qualified to perform services of a professional nature and where no storage or sale of merchandise exists.

Projecting wall sign shall mean any sign other than a flush wall sign which projects from and is supported by a wall or a building.

Public use shall mean uses which are owned by and operated for the public by school districts or by city, county, state or federal governments.

Public utility shall mean a common carrier supplying electricity, telephones, natural gas, water, sewage disposal, railroads or similar public services, but shall not mean any person or entity that provides wireless telecommunication services to the public.

Recreational space shall mean privately owned space which is designed for active recreational use for more than three (3) families and would qualify as one (1) of the following categories:

a. A parcel of not less than ten thousand (10,000) square feet and not less than fifty (50) linear feet in the smallest dimension;

c. Partial credit may be given to active open space areas which are devoted to improved flood control channels and areas encumbered by flowage, floodway or drainage easements.

a. Recreational facilities or structures and their accessory uses located in approved areas, including but not limited to game rooms, swimming pools, gymnasiums, bowling alleys, exercise rooms and tennis and racquetball courts;

b. Residents of the project for which the facility is planned must be automatically members without additional charge.

Recyclable material shall mean reusable material, including but not limited to metals, glass, plastic and paper, which are intended for reuse or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials.

Recycling facility shall mean a building used for the collection and/or processing of recyclable material. Processing means the preparation of material for efficient shipment by such means as baling, compacting, flattening, grinding, crushing, mechanical sorting, and cleaning. Such a facility, if entirely enclosed within a building or buildings, shall be considered a warehouse.

Restaurant, drive-in shall mean any establishment whose principal business is the sale of foods, frozen desserts or beverages to the customer in a ready-to-consume state and whose design, method of operation or any portion of whose business allows foods, frozen desserts or beverages to be served directly to the customer in a motor vehicle either by a carhop or by other means which eliminates the need for the customer to exit the motor vehicle.

Restaurant, fast-food shall mean any establishment whose principal business is the sale of foods or beverages to the customer in a ready-to-consume state, and whose design or principal method of operation includes both of the following characteristics:

(1) Foods, frozen desserts or beverages are usually served in edible containers or in paper, plastic or other disposable containers;

(2) The consumption of foods, frozen desserts or beverages is allowed, encouraged or permitted within the restaurant building, within a motor vehicle parked upon the premises or at other facilities on the premises outside the restaurant building or for carryout for consumption off the premises.

Restaurant, standard shall mean any establishment whose principal business is the sale of foods or beverages to the customer in a ready-to-consume state, and whose design or principal method of operation includes one (1) or both of the following characteristics:

(1) Customers, normally provided with an individual menu, are served their foods or beverages by a restaurant employee at the same table or counter at which the items are consumed;

(2) A cafeteria-type operation where foods, frozen desserts or beverages are consumed within the restaurant building.

Retail establishment (also known as retail store) shall mean an establishment in which sixty (60) percent or more of the gross floor area is devoted to the sale or rental of goods or merchandise to the general public for personal or household consumption or to services incidental to the sale or rental of such goods or merchandise.

Rooftop sign shall mean a sign erected upon or above a roof or above a parapet wall of a building.

Semipublic use shall mean uses operated by recognized religious, philanthropic, educational or eleemosynary institutions on a nonprofit basis and in which goods, merchandise and services are not provided for sale on the premises.

Shopping center shall mean a group of more than four (4) retail and service establishments located in a complex which is planned, developed, owned or managed as a unit, with off-street parking provided on the property.

Signs shall include any writing (including letter, work or number), pictorial representation (including illustration or declaration), product, form (including shapes resembling any human, animal or product form), emblem (including any device, symbol, trademark, object or design which conveys a recognizable meaning, identity or distinction) or any other figure of similar character which is a structure or any part thereof or is written, painted, projected upon, printed, designed into, constructed or otherwise placed on or near a building, board, plate or upon any material object or device whatsoever, which by reason of its form, location, manner of display, color, working, stereotyped design or otherwise attracts or is designed to attract attention to the subject or to the premises upon which it is situated, or is used as a means of identification, advertisement or announcement. The terms signs shall not include the following:

(1) Flags, pennants or insignia of nations or an organization of nations, states or cities except when such flags are used in connection with a commercial promotion or as an advertising device;

(2) Window displays incorporating placards, pennants, merchandise, pictures or models of products or services;

(3) Works of fine art which in no way identify a product or business and which are not displayed in conjunction with a commercial enterprise, which enterprise may benefit or realize direct commercial gain from such display;

(4) One (1) nameplate per public entrance per business of not more than two (2) square feet per face which is suspended under a canopy;

(5) Temporary decorations or displays clearly incidental and customary and commonly associated with national, local or religious holiday celebrations;

(6) Signs not visible beyond the boundaries of the lot or parcel upon which they are located or from any public thoroughfare or right-of-way;

(8) On-site traffic directional signs which do not exceed four (4) square feet per face or ten (10) feet in height and which do not carry a commercial message other than identification. The minimum horizontal distance between such signs shall be fifteen (15) feet, except for signs designating the purpose for which parking stalls may be used, such as for handicap parking, compact cars, etc.;

(10) Signs over gas pumps which indicate gas prices, provided that such signs shall be limited to one (1) per pump island and shall be no larger than four (4) square feet per face.

(11) One (1) flush-wall nameplate per business, not to exceed two (2) square feet in area, to be located at or near the rear entrance of such business;

(12) Bus benches displaying advertisements pursuant to an agreement between the city and the owner, provided that such agreement regulates the size, content, placement, design and materials used for construction of said bus benches;

(13) Products, merchandise or other materials which are offered for sale or used in conducting a business, when such products, merchandise or materials are kept or stored in a location which is designed and commonly used for the storage of such products, merchandise or materials; and

(14) A sign which has been found by the Landmark Preservation Commission to have been an integral part of a building designated as a historic landmark, and is a contributing feature of the historic character of such building.

Sign, election shall mean a sign relating to a candidate, issue, proposition, ordinance or other matter to be voted upon by the electors of the city.

Sign face shall mean the surface of the sign upon, against or through which the message is displayed or illustrated.

Sign, ideological shall mean a sign conveying a philosophical, religious, political, charitable or other similar noncommercial message.

Sign, illegal shall mean any sign which was erected in violation of any of the ordinances of the City of Fort Collins governing the same at the time of its erection and which sign has never been in conformance with such ordinances, including these Regulations, and which shall include signs which are posted, nailed or otherwise fastened or attached to or painted upon structures, utility poles, trees, fences or other signs.

Sign, legal nonconforming shall mean any sign which was lawfully erected and maintained prior to the enactment of these Regulations and any amendments thereto and which does not conform to all the applicable regulations and restrictions of these Regulations.

Sign side shall mean the combination of all faces or modules of a freestanding or ground sign which can be viewed from a single direction, except when such sign faces or modules are separated by an angle of more than two hundred seventy degrees (270°).

Sign with backing shall mean any sign that is displayed upon, against or through any material or color surface or backing that forms an integral part of such display and differentiates the total display from the background against which it is placed.

Sign without backing shall mean any word, letter, emblem, insignia, figure or similar character or group thereof that is neither backed by, incorporated in or otherwise made a part of any larger display area.

Solar energy system shall mean a solar collector or other device or structural design feature of a structure that relies upon sunshine as an energy source and is capable of collecting, distributing and storing (if appropriate to the technology) the sun's radiant energy for a beneficial use.

(1) A lot with a front lot line oriented to within thirty (30) degrees of a true east-west line. When the lot line abutting a street is curved, the front lot line is the chord or straight line connecting the ends of the curve. For a flag lot, the front lot line is the lot line that is most parallel to the closest street, excluding the "pole portion of the flag lot"; or

(2) A lot which, when a straight line is drawn from a point midway between the side lot lines at the required front yard setback to a point midway between the side lot lines at the required rear yard setback, is oriented to within thirty (30) degrees of true north along said line; or

(3) A corner lot with a south lot line oriented to within thirty (30) degrees of a true east-west line. The south lot line must adjoin a public street or permanently reserved open space. The adjacent street right-of-way or open space shall have a minimum north-south dimension of at least fifty (50) feet. (For purposes of this definition, "permanently reserved open space" includes, without limitation, parks, cemeteries, golf courses and other similar outdoor recreation areas, drainage ditches and ponds, irrigation ditches and reservoirs, lakes, ponds, wetlands, open spaces reserved on plats for neighborhood use and other like and similar permanent open space.)

South College Avenue corridor shall mean that area within the Fort Collins municipal boundaries and urban growth area which lies east of the Colorado and Southern Railroad tracks, south of Laurel Street and west of a line one thousand (1,000) feet east and parallel to the centerline of College Avenue.

Specified anatomical area shall mean less than completely and opaquely covered human genitals, pubic region, buttocks, female breasts below a point above the top of the areola and human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(3) Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.

Street shall mean a public way (whether publicly or privately owned) used or intended to be used for carrying vehicular, bicycle and/or pedestrian traffic and shall include the entire area within the public right-of-way and/or public access easement.

Subdivider or developer shall mean any person, partnership, joint venture, association or corporation who shall participate as owner, promoter, developer or sales agent in the planning, platting, development, promotion, sale and lease of a subdivision.

Subdivision shall mean the platting of a lot or the division of a lot, tract or parcel of land into two (2) or more lots, plots or sites.

Supermarket shall mean a retail establishment primarily selling food, as well as other convenience and household goods, which occupies a space of not less than twenty-five thousand one (25,001) square feet.

Theater, adult shall mean a theater used for the presentation of material distinguished or characterized by an emphasis on material depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

Tourist home shall mean an establishment operated in a private residence or portion thereof which provides temporary accommodations to overnight guests for a fee. The operator of such an establishment must reside on the premises.

Truck stop shall mean an establishment engaged primarily in the fueling, servicing, repair or parking of tractor trucks and similar heavy commercial vehicles, including the sale of accessories and equipment for such vehicles. A truck stop may also include overnight accommodations, showers and restaurant facilities primarily for the use of truck crews.

Under-canopy sign shall mean a sign which is located beneath a permanent-roofed shelter covering a sidewalk, driveway or other similar area, which shelter may be wholly supported by a building or may be wholly or partially supported by columns, poles or braces extended from the ground.

Vehicle-mounted sign shall mean any sign (other than an ideological or election sign) which is painted on, affixed to or otherwise mounted on any vehicle or on any object which is placed on, in or attached to a vehicle. For the purposes of this definition, the term "vehicle" shall include trucks, buses, vans, railroad cars, automobiles, tractors, trailers, motor homes, semi-tractors or any other motorized or nonmotorized transportational device, whether or not such vehicle is in operating condition.

Veterinary facilities, hospital shall mean any facility which is maintained by or for the use of a licensed veterinarian in the diagnosis, treatment and prevention of animal diseases.

Veterinary facilities, small animal clinic shall mean any facility maintained by or for the use of a licensed veterinarian in the diagnosis, treatment and prevention of animal diseases wherein the patients are limited to dogs, cats and other comparable household pets and wherein the overnight care of said patients is prohibited.

Veterinary facilities, small animal hospital shall mean any facility which is maintained by or for the use of a licensed veterinarian in the diagnosis, treatment and prevention of animal diseases wherein the patients are limited to dogs, cats and other comparable household pets.

Width of lot shall mean the distance parallel to the front lot line, measured between side lot lines through that part of the building or structure where the lot is narrowest.

Wind-driven sign shall mean any sign consisting of one (1) or a series of two (2) or more banners, flags, pennants, ribbons, spinners, streamers, captive balloons or other objects or material fastened in such a manner as to move, upon being subjected to pressure by wind or breeze.

Window sign shall mean a sign which is painted on, applied or attached to a window or door, or located within three (3) feet of the interior of the window or door and is visible from the exterior of the building.

Wireless telecommunication services shall mean services providing for the transmission of wireless communications utilizing frequencies authorized by the Federal Communications Commission for paging systems, enhanced specialized wireless telecommunication, personal communication services and cellular telephone.

Wireless telecommunication services equipment shall mean any equipment used to provide wireless telecommunication services, but which is not affixed to or contained within a wireless telecommunication services facility, but is instead affixed to or mounted on an existing building or structure (or substantially similar replacement structure) that is used for some other purpose. Provided, however, such equipment shall also mean a ground mounted base station used as an accessory structure that is connected to an antenna mounted on or affixed to an existing building.

Wireless telecommunication services facility shall mean any freestanding facility, building, pole, tower or structure used to provide only wireless telecommunication services, and which consists of, without limitation, antennae, equipment and storage and other accessory structures used to provide wireless telecommunication services.

Yard shall mean that portion of the open area on a lot extending open and unobstructed from the ground upward from a lot line for a depth or width specified by the regulations for the district in which the lot is located.

Yard, front shall mean a yard extending across the full width of the lot between the front line and the nearest line or point of the building.

Yard, rear shall mean a yard extending across the full width of the lot between the rear lot line and the nearest line or point of the building.

Yard, side shall mean a yard extending from the front yard to the rear yard between the side lot line and the nearest line or point of the building.

(Code 1972, §§ 118-10, 118-11; Ord. No. 170, 1986, 11-4-86; Ord. No. 31, 1987, § 1, 2-17-87; Ord. No. 183, 1987, §§ 1, 2, 12-1-87; Ord. No. 3, 1988, §§ 1, 2, 1-19-88; Ord. No. 98, 1988, § 2, 10-4-88; Ord. No. 12, 1989, §§ 1, 2, 2-21-89; Ord. No. 73, 1989, § 1, 4-18-89; Ord. No. 130, 1989, §§ 1, 2, 10-17-89; Ord. No. 145, 1990, § 1, 2-5-91; Ord. No. 7, 1991, § 1, 2-5-91; Ord. No. 99, 1991, § 1, 8-20-91; Ord. No. 117, 1991, §§ 1–3, 11-5-91; Ord. No. 142, 1991, § 1, 12-17-91; Ord. No. 141, 1992, § 3, 1-5-93; Ord. No. 8, 1994, §§ 1, 2, 3, 2-15-94; Ord. No. 138, 1994, § 1, 9-20-94; Ord. No. 139, 1994, § 1, 9-20-94; Ord. No. 4, 1995, § 1, 1-17-95; Ord. No. 168, 1995, § 2, 1-2-96; Ord. No. 2, 1996, § 3, 2-20-96; Ord. No. 14, 1996, § 1, 2-20-96; Ord. No. 122, 1996, § 2, 10-1-96; Ord. No. 222, 1998, § 2, 12-15-98; Ord. 19, 1999, §3, 2-16-99)

Cross reference–Definitions and rules of construction generally, §1-2, City Code.

(a) In their interpretation and application, the provisions of these Regulations shall be regarded as the minimum requirements for the protection of the public health, safety, comfort, morals, convenience, prosperity and welfare. These Regulations shall be regarded as remedial and shall be liberally construed to further its underlying purposes.

(b) Whenever both a provision of these Regulations, and any other provision of these Regulations or any provision in any other law, ordinance, resolution, rule or regulation of any kind contain any restrictions covering any of the same subject matter, whichever restrictions are more restrictive or impose higher standards or requirements shall govern. All uses and all area, width and yards permitted under the terms of these Regulations shall be in conformity with all other provisions of law.

(1) Any permits issued before the effective date of the ordinance from which these Regulations were derived;

(a) There is hereby established a development review fee, the purpose of which shall be to recover a portion of the costs incurred by the city in processing, reviewing and recording applications pertaining to development activity within the municipal boundaries of the city. Except as provided in subsection (c), said fee shall be calculated so as to recover eighty (80) percent of all such costs that are not recovered through other fees or charges (excluding taxes) imposed by the city. The amount of said fee shall be reviewed annually and shall be adjusted by the Council by ordinance on the basis of actual expenses incurred by the city and to reflect the effects of inflation.

(1) The standard development review fee imposed by this Section shall be paid at the time of submittal of any development review application, according to the following schedule:

Annexation Petition and Map	$1,040.00
Rezoning Petition	856.00
Overall Development Plan	1,400.00
Preliminary PUD Plan	1,472.00
Final PUD Plan	2,808.00
Minor Subdivision Plat	896.00
Preliminary Subdivision Plat	1,312.00
Final Subdivision Plat	2,176.00
RF/RC Site Plan	2,544.00
RH/RM Site Plan	976.00
Group Home Review	920.00
Wireless Telecommunication Services Equipment Review	200.00
Wireless Telecommunication Services Facility Review	976.00
Nonconforming Use Review	1,216.00
IL/IP Site Plan	1,640.00
Administrative Change	168.00
Extension Request	496.00
Notification Fee	.50 per notice mailed

(2) Small development projects as described below shall not be subject to the standard development review fee as established pursuant to subsection (1) above, but rather, shall be assessed a fee according to the following schedule; provided, however, that in the event that the development review fee imposed pursuant to subsection (1) above is lower than the fee established pursuant to this subsection, the lower fee shall apply:

*Type of Project*	*Fee*	*Fee Conditions*
Annexation petition and map annexing five (5) acres or less.	One-half (½) of the standard fee.
Rezoning petition rezoning five (5) acres or less.	One-half (½) of the standard fee.
New residential development of fifteen (15) or less dwelling units.	$100 per dwelling unit per submittal with a minimum fee per submittal of $200.	For purposes of this fee, a submittal shall mean a submitted application, whether singular or combined.
Expansion of existing building (less than $500,000 building permit valuation) and new commercial development (less than $500,000 building permit valuation).	One (1) percent of building permit valuation, unless submitted as a combined preliminary and final plan or plat, in which event the fee shall be one-half (½) percent of building permit valuation; provided, however, that in no event shall the fee be less than $200.	For projects submitted as a combined preliminary and final plan, the entire (estimated) fee shall be paid at the time of submittal and fee adjustments (whether refund or additional payment) shall be made at the time of issuance of a building permit. For applications not submitted as combined preliminary and final plans, one-half (½) of the (estimated) fee shall be paid at the time of submittal and all remaining amounts due shall be paid at the time of issuance of the building permit.
Miscellaneous small development projects, including the following, and other similar projects:	$200 per project collected at the time of application submittal.	Nonrefundable.
- structural additions or alterations and changes of use (if the proposed change will not add more than twenty-five [25] percent of new habitable floor area to the existing building or eliminate more than ten [10] percent of existing habitable floor area) to existing single- or two-family dwellings and multifamily dwellings containing four (4) or less dwelling units; or supplementary building height, family care home and home occupations variance review.

(3) Preliminary or final subdivision plats submitted concurrently with a preliminary or final PUD plan, RF/RC site plan, RH/RM site plan, nonconforming use review or IL/IP site plan shall be charged one-half (½) of the preliminary or final subdivision plat fee.

(4) Applications submitted as combined preliminary and final plans or plats shall be charged the applicable fee for a final plan or plat.

(c) Applications relating to the review of affordable housing projects shall be totally or partially exempt from the fees imposed under this Section according to the following criteria:

(1) The fees 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.

(2) The fees imposed 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:

(3) The fees 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.

(4) In order to determine whether a housing project is eligible for a waiver or reduction of fees under this subparagraph, any applicant seeking such waiver or reduction must submit documentation evidencing the eligibility of the development project to the Director of Planning, who may, upon review of such documentation, defer the payment of said fees to such time, if at all, that a certificate of occupancy is sought for the development project. At that time, prior to the issuance of any certificate of occupancy for the development project, a final determination shall be made by the Director of Planning as to whether the development project qualifies for a waiver or reduction of the fees. In the event that the Director of Planning determines that the development project does not so qualify, all such fees shall be due and payable prior to the issuance of the first certificate of occupancy.

(Ord. 27, 1994, § 1, 3-15-94; Ord. No. 138, 1994, § 2, 9-20-94; Ord. No. 122, 1996, § 3, 10-1-96; Ord. 19, 1999, § 5, 2-16-99)

(a) No building shall be erected, moved or structurally altered unless a building permit has been issued by the Building Permits and Inspections Administrator. All permits shall be issued in conformance with the provisions of these Regulations and shall be valid for a period of time not exceeding one (1) year from the date of issuance.

(b) No land or building shall be changed in use, nor shall any new structure, building or land be occupied or used, unless the owner shall have obtained a certificate of occupancy from the Building Permits and Inspections Administrator. If the use is in conformance with the provisions of these Regulations, a certificate of occupancy shall be issued within three (3) days of the time of notification that the building is completed and ready for occupancy. A copy of all certificates of occupancy shall be filed by the Administrator and shall be available for examination by any person with either proprietary or tenancy interest in the property or building.

The Building Permits and Inspections Administrator is hereby empowered to cause any building, other structure or tract of land to be inspected and examined and to order in writing the remedying of any condition found to exist therein or thereat in violation of any provision of Articles I—IV of these Regulations. After any such order has been served, no work shall proceed on any building, other structure or tract of land covered by such order, except to correct such violation or comply with the order.

A person shall be guilty of a misdemeanor upon conviction in any case where all of the following have occurred:

(1) Any violation of any of the provisions of these Regulations exists in any building, other structure or tract of land;

(2) An order to remove any such violation has been served upon the owner, general agent, lessee or tenant of the building, other structure or tract of land or any part thereof or upon the architect, builder, contractor or any other person who commits or assists in any such violation;

(3) Such person shall fail to comply with such order within ten (10) days after the service.

(a) In addition to any of the foregoing remedies, the City Attorney acting in behalf of the City Council may maintain an action for an injunction to restrain any violation of these Regulations.

(b) These Regulations shall not be construed to hold the city responsible for any damage to persons or property by reason of the inspection or reinspection authorized herein or failure to inspect or reinspect or by reason of issuing a building permit as herein provided.

(a) A determination as to violation of required performance standards set forth in the industrial developments shall be made by the Building Permits and Inspections Administrator, and any such determination shall be made before notice of violation is issued.

(b) If, in the considered judgment of the Building Permits and Inspections Administrator, there is a violation of performance standards set forth in the industrial developments, the Administrator shall give written notice by personal service or by registered or certified mail, return receipt requested, to the person responsible for the alleged violation. Such notice shall indicate the particulars of the alleged violation and the reasons why the Administrator considers that there is a violation in fact and shall require an answer or correction of the alleged violation to the satisfaction of the Administrator within a time limit of not less than ten (10) days as set forth in the notice. The notice shall state, and it is hereby declared, that failure to reply or to correct the alleged violation to the satisfaction of the Administrator within the time limit, as set forth in the notice, constitutes a violation of the terms of these Regulations.

(c) If, within the time limit set, there is no reply but the alleged violation is corrected to the satisfaction of the Building Permits and Inspections Administrator, the words "violation corrected" shall be noted on the Administrator's copy of the notice and shall be retained among the records, but no further action shall be taken on account of the corrected violation.

(d) If there is no reply within the time limit set and the alleged violation is not corrected to the satisfaction of the Building Permits and Inspections Administrator within the specified time limit, the Administrator shall proceed to take or cause to be taken such action as warranted by continuation of a violation after notice to cease.

(e) If reply is received within the specified time limit indicating that the alleged violation will be corrected to the satisfaction of the Building Permits and Inspections Administrator but that more time will be required than was granted by the original notice, the Administrator may grant an extension of time if such extension is deemed justified in the circumstances of the case and if such extension will not cause substantial peril to life, health or property. In action on requests for extension of time, the Administrator shall, in writing, state specific reasons for granting or refusing to grant such extension.

(f) If another public agency has taken action regarding a violation of one (1) or more of the performance standards set forth in these Regulations and such action has resulted in a final judgment on the merits, the city shall not proceed with an investigation of the same subject matter or, if an investigation has been completed, shall not seek a final judgment on the matter.

It shall be unlawful for any person to make any excavations in the earth upon any lot or block in the city by boring, drilling or digging in the earth for purpose of and with the intention of discovering oil, gas, coal or minerals of any kind; or to erect any derricks, scaffolding or other devices used in or about the boring or drilling of wells within the city without first having obtained a permit from the City Engineer and the written consent of all of the owners of the property abutting or adjoining the tract or tracts of land upon which any of the operations may be proposed.

It shall be unlawful for any person to make any excavation in the city for the purpose of obtaining earth to manufacture into brick, or to establish any brickyard in the city, without first having obtained a permit from the City Engineer and the written consent of all of the owners of property adjoining the lots or blocks upon which it is proposed to make such excavations or establish such brickyards.

A development construction permit shall be required for all development that is required to construct public infrastructure and improvements that, upon completion, will be owned or maintained by the city. Such permit is required in order to coordinate the transition from completion of the development review process to the construction process. Applicants for a development construction permit shall remit to the city an application fee and a construction inspection fee, which fee shall be payable at such times and in such amounts as may be determined by the City Manager, pursuant to the provisions of Chapter 7.5, Article I of the City Code. The application procedures, submittal requirements, issuance determinations, standards for issuance, amendments, expiration (lapse) and extension provisions and appeal provisions for such development construction permits shall be the same as those established for such permits pursuant to Section 2.6.3 of the Land Use Code.

All final plats, whether approved pursuant to Section 29-526 (The Land Development Guidance System) or Section 29-643 (Final Plats for Standard Subdivision) shall contain a maintenance guarantee, a repair guarantee and a certificate of dedication signed by the developer and the owner (as described in Section 2.2.3(C)(3) of the Land Use Code), which provide a two-year maintenance guarantee and five-year repair guarantee (which shall commence upon the date of completion of the public improvements and acceptance by the city) covering all errors or omissions in the design and/or construction. 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. The specific provisions of the maintenance guarantee, repair guarantee and certificate of dedication shall be established by the City Engineer.

(a) Prior to the issuance of a development construction permit for a new development, the developer must provide to the city a guarantee in the form of a development bond, performance bond, letter of credit, cash, certificate of deposit or other city-approved means to guarantee the completion of all public improvements to be constructed as shown on the approved plans for the development (hereafter referred to as the “construction security”). 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. However, draws upon the construction security shall not exceed the actual cost of completing a deficient development project or making any necessary repairs. As progress is made on the construction of the new public infrastructure, the developer may request a reduction in the amount of the construction security in proportion to the actual completion percentage of the installed infrastructure. 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.

(b) Security for the maintenance guarantee and the repair guarantee shall be in the form of a bond, letter of credit, cash, certificate of deposit, an extension of the security as provided in subsection (a) above, or other city-approved means to secure said maintenance and repair (hereinafter referred to as the "maintenance/repair security"). 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.

(c) Whether 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 maintenance/repair 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 required pursuant to § 29-13.

Annexation of lands to the city shall be in accordance with the laws of the state in effect from time to time.

All petitions for annexation and annexation plats shall be submitted to the Director of Planning. The Director shall schedule the petitions for the next meeting of the Planning and Zoning Board held at least fifteen (15) days after the date the Director receives the petition and plat.

The Planning and Zoning Board shall hold a hearing on the matter of such annexation and shall make a report and recommendation to the City Council. Such report shall include a recommendation on the proper zoning for the lands if the City Council annexes such lands into the city.

(a) Subject to being overruled by the City Council, the Zoning Board of Appeals created in § 2-441 of the City Code shall have the powers and duties in this Section in harmony with the purpose and intent of Articles III and IV and in accordance with the public interest and the most appropriate development of the neighborhood.

(b) The Zoning Board of Appeals shall hear and decide appeals from, and review any order, requirement, decision or determination made by, an administrative official charged with enforcement of the regulations established by Articles III and IV, except those determinations which pertain to matters previously reviewed or approved by the Planning and Zoning Board.

(c) The Zoning Board of Appeals shall authorize, upon appeal in specific cases, variances from the terms of this Article where, by reason of exceptional narrowness, shallowness or slope of a specific piece of property at the time of the enactment of this Article or by reason of exceptional topographical conditions or other extraordinary and exceptional situations or conditions of such piece of property, including situations or conditions which hinder the owner's ability to install a solar energy system, the strict application of any regulation enacted herein would result in peculiar and exceptional practical difficulties to or exceptional or undue hardship upon the owner of such property, provided that such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purposes of this Article, and provided that no variance shall authorize any use in a zoning district other than a use specifically permitted in such zoning district.

(a) The Zoning Board of Appeals shall hold a public hearing on all applications and appeals with the special conditions as required in this Section.

(b) For applications for variances of Articles III and IV, the Zoning Board of Appeals shall mail a written notice of the hearing at least seven (7) days prior to the hearing date to the applicant and to owners of property adjacent to the property in question. Failure to mail such notice to every property owner due to clerical omissions shall not affect the validity of any hearing or determination of the board.

(c) For applications for variances of Articles III and IV, the applicant shall be charged a fee to cover the cost of advertising and processing. Unless otherwise stated in the Zoning Board of Appeals' minutes, all variance permits shall be valid for a period of time not to exceed six (6) months from the time such variance is granted.

(d) Final decisions of the Zoning Board of Appeals are subject to the right of appeal to the City Council as set forth in § 2-47 et seq. of the City Code.

(a) Any amendment changing the Zoning District Map of the city shall require the following action:

(1) Study and recommendation concerning the proposed amendment by the Planning and Zoning Board;

(2) Study and recommendation on any rezoning petition whether the petition is in original form or amended. No petition may be amended later than nine (9) days after action on the original petition by the Planning and Zoning Board.

(b) For proposed amendments to the Zoning District Map, the applicant shall be charged a fee to cover the cost of advertising and processing.

(c) The City Council shall not rezone any tract of land from one (1) zone to another without first receiving a recommendation on the proposed zone from the Planning and Zoning Board.

(d) The Planning and Zoning Board shall not consider any petition for rezoning any parcel of land which has been the subject of another rezoning petition and hearing within twelve (12) months following final action on such petition unless substantial new evidence is submitted which could not reasonably have been presented at the previous hearing.

(e) Upon completion of any hearing by the Planning and Zoning Board on an application to rezone any parcel of land or upon consideration of initial zoning in the case of lands being annexed to the city, the City Clerk shall cause the hearing by the City Council to be placed on the agenda for a future City Council meeting and shall give notice of such hearing. The public hearing before the City Council shall be held after at least seven (7) days' notice of the time and place of such hearing shall have been given by at least one (1) publication in a newspaper of general circulation within the city.

(f)Comprehensive rezonings of the entire city or of substantial portions of the city may be presented by the city staff to the Planning and Zoning Board for recommendation and to the City Council for adoption without the city having received a petition or application for such rezonings, and such city-initiated rezonings shall not be subject to the limitations as contained in Subsection (d) of this Section.

Before submitting a report and recommendation on any proposed amendment to these Regulations, the Planning and Zoning Board shall hold a public hearing on the proposed amendment with the following special conditions required:

(1) For proposed amendments to the Zoning District Map, the Planning and Zoning Board shall send a written notice of the hearing at least seven (7) days prior to the hearing date to the property owners of most recent tax record within the area requesting rezoning and to the owners of property adjacent to the area proposed for rezoning. Failure to mail such notice to every property owner due to clerical omissions shall not affect the validity of any hearing of determinations of the board;

(2) In addition, the Planning and Zoning Board may order notices posted at least seven (7) days prior to the hearing date on the property requesting rezoning. When so ordered, such notices shall be readable from public streets and shall contain the following: "Planning Review Requested."

(a) The City Council, upon recommendation of the Planning and Zoning Board, shall have the power, upon the zoning or rezoning of any property in any of the several zoning districts of the city, to impose reasonable conditions relating to use for the purpose of preserving and promoting the public health, safety and welfare of the inhabitants of the city and the public generally, and to encourage and facilitate the orderly development of the city. Conditional zoning shall not be utilized to authorize uses not authorized under these Regulations.

(b) Zones upon which conditions have been placed pursuant to this Section shall be identified in lower case letters on the Zoning District Map which is on file in the City Clerk's office.

(c) Such conditions shall be deemed to run with the land and shall not be affected by changes in the ownership of the property and shall remain in force and effect until such time as they are repealed or otherwise modified by the City Council.

(d) Once a condition has been imposed pursuant to this Section, no building permit shall be issued for any development, remodeling or redevelopment which is inconsistent with the condition imposed.

(e) If a condition imposed by this Section is not complied with, no certificate of occupancy shall be issued for the subject property.

(f)If the subject property is utilized for purposes in conflict with the conditions imposed, such use shall be regarded as a violation of the zoning ordinance and the prohibition enforced pursuant to § 29-4 et seq.

In order to carry out the purposes of these Regulations, the city is hereby divided into the following zoning districts:

(Code 1972, § 118-31; Ord. No. 31, 1987, § 2, 2-17-87; Ord. No. 57, 1991, 6-4-91)

(a) The boundaries of these zoning districts are established as shown on a map entitled "Zoning District Map of the City of Fort Collins, Colorado," dated September 23, 1965, as amended, which map is hereby made a part of these Regulations by reference.

(b) Unless otherwise defined on the Zoning District Map, district boundary lines are as follows:

(2) Centerlines of streets, alleys, railroad rights-of-way or such lines extended;

(c) Where a lot is divided at the time of enactment of the ordinance from which this Article was derived or by subsequent amendments by a zoning district boundary line, the less restrictive zoning requirements may be extended not more than twenty-five (25) feet into the more restrictive zoning district adjacent to the zoning district boundary line.

The schedules which indicate uses permitted, minimum area of lot, minimum width of lot, minimum front yard, minimum rear yard and minimum side yard regulations for the various zoning districts are hereby adopted and declared to be a part of this Article and may be amended in the same manner as any other part of this Article.

Except as hereinafter provided, no building, structure or land shall be used and no building or structure or part thereof shall be erected, constructed, reconstructed, altered, repaired, moved or structurally altered except in conformance with the regulations herein specified for the district in which it is located, nor shall a yard, lot or open space be reduced in dimensions or area to an amount less than the minimum requirements set forth herein.

(a) Upon application or on its own initiative, the City Council may, by ordinance, add to the uses specified in a particular zoning district any other similar use which conforms to the conditions set forth in the following special findings:

(1) Such use is more appropriate in the use group to which it is added than in any other use group;

(2) Such use conforms to the basic characteristics of the use group to which it is added;

(3) Such use does not create any more offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences or more traffic hazards than the minimum amount normally resulting from the other uses listed in the use group to which it is added.

(b) When any use has been added to any use group in accordance with this Section, such use shall be deemed to be permanently listed in the use group of the appropriate section and shall be added to the published text of these Regulations at the first convenient opportunity.

(c) The provisions of this Section shall not apply to any land use located on a Planned Unit Development plan as defined, processed and approved according to §29-526.

The R-E Estate Residential District is for low density residential areas, usually located in outlying areas, and for larger lot residential subdivisions initially approved by the county government and subsequently annexed into the city.

(5) Essential public utility and public service installations and facilities for the protection and welfare of the surrounding area, provided that business offices and repair and storage facilities are not included.

(1) The equivalent of four (4) times the total floor area of the building but not less than one hundred thousand (100,000) square feet; or

(2) The legal size of the lot as it existed at the time of annexation into the city.

(b) Minimum lot width shall be two hundred (200) feet for any lot larger than one hundred thousand (100,000) square feet in size; one hundred (100) feet for any lot containing fifty thousand (50,000) square feet through one hundred thousand (100,000) square feet; or seventy-five (75) feet for any lot smaller than fifty thousand (50,000) square feet.

(d) Minimum depth of the rear yard shall be twenty-five (25) feet for any lot of one hundred thousand (100,000) square feet or larger than one hundred thousand (100,000) square feet in size, or ten (10) feet for any lot containing less than one hundred thousand (100,000) square feet.

(e) Minimum side yard width shall be the equivalent of one (1) foot for each two (2) feet or fraction of building height, except that no side yard shall be less than fifty (50) feet wide for any lot larger than one hundred thousand (100,000) square feet in size. Minimum side yard width shall be the equivalent of one (1) foot for each two (2) feet or fraction of building height, except that no side yard shall be less than twenty (20) feet wide for any lot containing fifty thousand (50,000) square feet through one hundred thousand (100,000) square feet. Minimum side yard width shall be the equivalent of one (1) foot for each two (2) feet or fraction of building height, except that no side yard shall be less than five (5) feet for any lot less than fifty thousand (50,000) square feet in size.

(Code 1972, § 118-40(B)—(F); Ord. No. 124, 1986, 10-21-86; Ord. No. 88, 1989, § 2, 6-20-89)

Notwithstanding any provision of the city's animal control ordinance, it shall be permissible for farm animals to be kept on any R-E District property as an accessory use. Farm animals shall include, but not be limited to, chickens, pigs, sheep, goats, horses and cattle.

The R-F Foothills Residential District designation is for low density residential areas located near the foothills.

(1) Minimum lot area shall not be less than two and twenty-nine one-hundredths (2.29) acres.

No elevation of any building built on a lot in the R-F District shall extend above five thousand two hundred fifty (5,250) feet mean sea level.

Notwithstanding any provision of the city's animal control ordinance, it shall be permissible for farm animals to be kept on any R-F District property as an accessory use. Farm animals shall include, but not be limited to, chickens, pigs, sheep, goats, horses and cattle.

Development of areas in the R-F District as a Cluster Development Plan, subject to approval by special review of the Planning and Zoning Board may vary the requirements of this Subdivision, provided that the following basic regulations are enforced:

(2) The overall gross density of residential units on the Cluster Development Plan is not greater than one (1) unit per acre, the units are clustered together in the portion of the property designated on the plan for residential use at a density of three (3) to five (5) units per acre and the remainder of the property is permanently preserved as open space through dedication of ownership, if acceptable to the city, or placement of an appropriate easement granted to the city with such restrictive provisions and future interests as may be necessary to ensure the continuation of the open space use intended. As a condition of approval of the Cluster Development Plan, the city may require the property owners to maintain the dedicated open space to city standards through a maintenance agreement.

(3) Building envelopes are identified on the Cluster Development Plan; the minimum area of lot, minimum width of lot, minimum front yard, minimum rear yard and minimum side yard, conform to the requirements established in the R-L Low Density Residential District and the subdivision plat meets all the requirements of subdivision of land, § 29-621 et seq.

(4) The layout of lots on the Cluster Development Plan are designed to conform to terrain and located so that grading and filling are kept to a minimum. Natural features such as drainage swales, rock outcroppings and slopes are retained.

(6) The Cluster Development Plan is designed to minimize the aesthetic impact upon the view of the foothills as well as the view from the foothills.

(7) The Cluster Development Plan takes into account the unique micro-climate of the foothills so that building envelopes are selected and individual structures will be built for protection from high winds and to function with maximum conservation of energy.

(8) The Cluster Development Plan shows consideration for wildlife habitats by leaving open large single blocks of land.

(9) The Cluster Development Plan addresses compatibility with existing and planned uses on adjacent public and private property. Buffering of incompatible uses will be required through landscaping and/or site design and public access through the Cluster Development Plan must be provided to public recreational areas.

(10) If farm animals are intended to be allowed within the area, the Cluster Development Plan must indicate the portions of the area reserved for the keeping of farm animals and the mitigation efforts used to buffer these areas from surrounding uses.

The N-C-L Neighborhood Conservation Low Density District designation is to preserve the character of areas that have a predominance of developed single-family housing and have been given this designation in accordance with an adopted neighborhood plan.

(3) Essential public utility and public service installations and facilities for the protection and welfare of the surrounding area, provided that business offices and repair and storage facilities are not included.

(4) The following uses are permitted in the N-C-L District, provided that the intended uses are shown on a site plan submitted to and approved by the Planning and Zoning Board:

(5) Any legally permissible use which existed on a parcel of property as of the effective date of the ordinance that placed such parcel of property into this zoning district, provided that such permitted use shall be limited to such parcel of property.

(6) Any land use located on a Planned Unit Development Plan as defined, processed and approved according to § 29-256.

(1) Minimum lot area shall be equivalent to at least three (3) times the total floor area of the building(s), but not less than six thousand (6,000) square feet. For the purposes of this subsection, total floor area shall mean the total gross floor area of all principal buildings, and of all accessory buildings larger than one hundred twenty (120) square feet, located on a lot, as measured along the outside walls of each building, including each finished or unfinished floor level, but not including open balconies or basements.

(3) Minimum front yard depth shall be fifteen (15) feet. Setbacks from garage doors to the backs of public walks shall not be less than twenty (20) feet.

(4) Minimum depth of rear yard shall be five (5) feet to an existing alley or otherwise fifteen (15) feet.

(5) Minimum side yard width shall be five (5) feet for all interior side yards. Whenever any portion of a wall or building exceeds eighteen (18) feet in height, such portion of the wall or building shall be set back from the interior side lot line an additional one (1) foot, beyond the minimum required, for each two (2) feet or fraction thereof of wall or building height that exceeds eighteen (18) feet in height. Minimum side yard width shall be fifteen (15) feet on the street side of any corner lot.

(7) All exterior walls of a building that are greater than six (6) feet in length shall be constructed parallel to or at right angles to the side lot lines of the lot whenever the lot is rectilinear in shape.

(8) The primary entrance to a dwelling shall be located along the front wall of the building, unless otherwise required for handicap access. Such entrance shall include an architectural feature such as a porch, landing or portico.

(9) Accessory buildings and attached garages shall have a front yard setback that is at least ten (10) feet greater than the front setback of the principal building that is located on the front portion of the lot.

(10) A rooftop or second floor addition shall not overhang the lower front or side exterior walls of the existing building.

(11) Any new dwelling that is proposed to be constructed between the back of an existing dwelling and the rear property line of the lot on which both dwellings will be located shall contain a maximum of eight hundred (800) square feet of floor area. Such new dwelling may be located in any area of the rear portion of such lot provided that it complies with the setback requirements of this zoning district.

(12) Front porches shall be limited to one (1) story, and the front facades of all one- and two-family dwellings shall be no higher than two (2) stories.

(13) In the event that a new dwelling is proposed to be constructed on the rear portion of a lot which has frontage on two (2) streets and an alley, the front of such new dwelling shall face the street.

(14) The minimum pitch of the roof of any building shall be 2:12 and the maximum pitch of the roof of any building shall be 12:12, except that additions to existing dwelling units may be constructed with a pitch that matches any roof pitch of the existing dwelling unit.

(15) A maximum of forty (40) percent of the front yard of a lot may be covered with inorganic material such as asphalt or cement concrete, paving stone, flagstone, rock or gravel.

Permitted uses, listed in § 29-118(4), shall require that a site plan, landscape plan, building elevations and other supporting documentation complying with § 29-526(G) shall be submitted to and approved by the Planning and Zoning Board. Upon receipt of a complete application, the Director of Planning shall schedule the application for the next Planning and Zoning Board hearing.

In conducting the review and making a decision, the Planning and Zoning Board shall determine whether the proposed development conforms to §29-526(D), Activity A, "All Development Criteria", the Design Standards for the neighborhood planning area, and the standards for any applicable historic district or structure. If the proposed development conforms, it shall be approved; if the proposed development does not conform, it shall be denied.

Development of areas in the N-C-L District as a Planned Unit Development plan as defined, processed and approved according to § 29-526 may not vary the requirements of this Subdivision.

The R-L Low Density Residential District designation is for low density residential areas located throughout the city.

(4) Essential public utility and public service installations and facilities for the protection and welfare of the surrounding area, provided that business offices and repair and storage facilities are not included.

(8) Any land use located on a Planned Unit Development plan as defined, processed and approved according to § 29-526.

(1) Minimum lot area shall be the equivalent of three (3) times the total floor area of the building but not less than six thousand (6,000) square feet.

(2) Minimum lot width shall be sixty (60) feet for a single-family dwelling and one hundred (100) feet for the uses set forth in §29-132(2), (3) and (5) above.

(5) For residential uses, the minimum side yard width shall be fifteen (15) feet on the street side of any corner lot and five (5) feet for all interior side yards. For all other uses, the minimum side yard width shall be the equivalent of one (1) foot for each three (3) feet or fraction thereof of building height, provided that for school or church uses no side yard shall be less than twenty-five (25) feet wide.

Development of areas in the R-L District as a Planned Unit Development plan as defined, processed and approved according to § 29-526 may vary the requirements of this Subdivision.

The R-L-P Low Density Planned Residential District is for areas planned as a unit to provide variation in use, density and building placement.

(1) Any use permitted in the R-L Low Density Residential District, subject to any use requirement specified for the R-L District.

(2) Any land use located on a Planned Unit Development plan as defined, processed and approved according to § 29-526.

The minimum area of lots, minimum width of lots, minimum front yard, minimum rear yard and minimum side yard requirements shall be the same as specified for the R-L Low Density Residential District.

Development of areas in the R-L-P District as a Planned Unit Development plan as defined, processed and approved according to § 29-526 may vary the requirements of this Subdivision.

The R-L-M Low Density Multifamily District is for areas containing low density multifamily uses.

(1) Any use permitted in the R-L Low Density Residential District, subject to all use requirements specified for the R-L District.

(2) Two-family dwellings and multifamily dwellings up to and including four-family units.

(3) Any land use located on a Planned Unit Development plan as defined, processed and approved according to § 29-526.

(1) Minimum lot area shall be the equivalent of three (3) times the total floor area of the buildings, but not less than six thousand (6,000) square feet for a single-family or two-family dwelling and not less than nine thousand (9,000) square feet for a multifamily dwelling.

(2) Minimum lot width shall be sixty (60) feet for a single-family or two-family dwelling, seventy-five (75) feet for a multifamily dwelling and one hundred (100) feet for a school or church.

(5) For single-family or two-family dwellings, the minimum side yard shall be fifteen (15) feet on the street side of any corner lot and five (5) feet on all interior side yards. For all other uses, the minimum side yard width shall be the equivalent of one (1) foot for each three (3) feet or fraction thereof of building height, provided that all residential uses, except single-family and two-family dwellings, shall require a side yard on the street side of any corner lot of not less than fifteen (15) feet and on all interior sides of not less than five (5) feet, and for school or church uses, no side yard shall be less than twenty-five (25) feet wide.

Development of areas in the R-L-M District as a Planned Unit Development plan as defined, processed and approved according to § 29-526 may vary the requirements of this Subdivision.

The N-C-M Neighborhood Conservation Medium Density District designation is to preserve the character of areas that have a predominance of developed single-family and low- to medium-density multifamily housing and have been given this designation in accordance with an adopted neighborhood plan.

(2) Two-family dwellings, provided that no structural additions or exterior alterations are made to the existing building or the dwellings are constructed on a vacant lot or a parcel which did not contain a structure at the time of the adoption of this Section.

(7) The following uses are permitted within the N-C-M district, provided that the intended uses are shown on a site plan submitted to and approved by the Director of Planning:

a. Multifamily dwellings up to four (4) units, provided that no structural additions or exterior alterations are made to the existing building, or the dwellings are constructed on a vacant lot or a parcel which did not contain a structure at the time of the adoption of this Section.

(8) The following uses are permitted in the N-C-M district, provided that the intended uses are shown on a site plan submitted to and approved by the Planning and Zoning Board:

a. Two-family and multifamily dwellings up to four (4) units which propose structural additions or exterior alterations to the existing building, or the dwellings are to be constructed on a lot or parcel which contained a structure at the time of the adoption of this Section.

(9) Any legally permissible use which existed on a parcel of property as of the effective date of the ordinance that placed such parcel of property into this zoning district, provided that such permitted use shall be limited to such parcel of property.

(10) Any land use located on a Planned Unit Development plan as defined, processed and approved according to § 29-526.

(1) Minimum lot area shall be the equivalent of two (2) times the total floor area of the building(s), but not less than the following: five thousand (5,000) square feet for a one-family or two-family dwelling and six thousand (6,000) square feet for all other uses. For the purposes of this subsection, total floor area shall mean the total gross floor area of all principal buildings, and of all accessory buildings larger than one hundred twenty (120) square feet, located on a lot, as measured along the outside walls of each building, including each finished or unfinished floor level, but not including open balconies or basements.

(2) Minimum lot width shall be forty (40) feet for a one-family or two-family dwelling and fifty (50) feet for all other uses.

(3) Minimum front yard depth shall be fifteen (15) feet. Setbacks from garage doors to the backs of public walks shall not be less than twenty (20) feet.

(4) Minimum rear yard depth shall be five (5) feet from existing alleys, fifteen (15) feet in all other conditions.

(10) A rooftop or second floor addition shall not overhang the lower front or side exterior walls of the existing building.

(12) Front porches shall be limited to one (1) story, and the front facades of all one- and two-family dwellings shall be no higher than two (2) stories.

(15) A maximum of forty (40) percent of the front yard of a lot may be covered with inorganic material such as asphalt or cement concrete, paving stone, flagstone, rock or gravel.

(Ord. No. 111, 1991, § 2, 10-1-91; Ord. No. 179, 1993, § 3, 12-21-93; Ord. No. 14, 1996, §§ 7—10, 2-20-96)

Editor's note–Ord. No. 180, 1994, continues the effect of § 29-167 through May 31, 1995. Ord. No. 56, 1995, continues the effect of § 29-167 through June 30, 1995. Ord. No. 81, 1995, continues the effect of § 29-167 through September 15, 1995. Ord. No. 114, 1995, continues the effect of § 29-167 through March 1, 1996. Ord. No. 14, 1996, amends § 29-167 and extends effectiveness until evaluation on or before February 2, 1997.

Permitted uses listed in § 29-166(7) and (8) shall require that a site plan, landscape plan, building elevations and other supporting documentation complying with § 29-526(G) shall be submitted to the Director of Planning. Upon receipt of a complete application, the Director shall schedule the application for the next administrative review hearing or Planning and Zoning Board hearing whichever is applicable.

The Director of Planning shall hold a public hearing in the Director's office on the first and third Thursday of each month, at 1:30 p.m., for the purpose of approving, disapproving or approving with conditions the proposed development. The Director may refer any proposed development qualifying for administrative review to the Planning and Zoning Board for final decision of approval, disapproval or approval with conditions.

In conducting the review and making a decision, the Director of Planning or the Planning and Zoning Board shall determine whether the proposed development conforms to § 29-526(D), Activity A, "All Development Criteria", the Design Standards for the neighborhood planning area, and the standards for any applicable historic district or structure. If the proposed development conforms, it shall be approved; if the proposed development does not conform, it shall be denied.

Development of areas in the N-C-M District as a Planned Unit Development plan as defined, processed and approved according to § 29-526 may not vary the requirements of this Subdivision.

The R-M Medium Density Residential District is for areas containing both low density and medium density residential uses.

(5) Churches and uses providing meeting places and places for public assembly with incidental office space.

(7) Essential public utility and public service installations and facilities for the protection and welfare of the surrounding area, provided that business offices and repair and storage facilities are not included.

(8) Child-care centers, provided that no child-care center shall be permitted to be located in this zoning district on property which is within one thousand five hundred (1,500) feet of any existing child-care center within the city. For the purpose of this provision, the distance between an existing child-care center and property on which a child-care center is proposed to be built shall be measured in a straight line from the closest point on the boundary line of the property on which the existing child-care center is located to the closest point on the boundary of the property on which the proposed child-care center is to be located.

(11) Any land use located on a Planned Unit Development plan as defined, processed and approved according to § 29-526.

(1) Minimum lot area shall be the equivalent of two (2) times the total floor area of the building, but not less than the following: six thousand (6,000) square feet for a single-family dwelling, two-family dwelling or group home, and nine thousand (9,000) square feet for all other principal uses.

(2) Minimum lot width shall be sixty (60) feet for a single-family or two-family dwelling, seventy-five (75) feet for a multifamily dwelling or children's center and one hundred (100) feet for the uses set forth in § 29-177(4), (5) and (6).

(5) For single-family or two-family dwellings, the minimum side yard shall be fifteen (15) feet on the street side of any corner lot and five (5) feet on all interior side yards. For all other uses, the minimum side yard width shall be the equivalent of one (1) foot for each three (3) feet or fraction thereof of building height. All residential uses, except single-family and two-family dwellings shall require a side yard on the street side of any corner lot of not less than fifteen (15) feet and on all interior sides of not less than five (5) feet. For school or church uses, no side yard shall be less than twenty-five (25) feet wide.

The conversion from one (1) use to any use permitted in this district other than to a single-family or two-family dwelling, church or group home shall require a Site Plan Design Supplemental Review and approval by the Planning and Zoning Board according to Article III, Division 4, Subdivision G of these Regulations, provided that the applicant may request administrative review and approval under § 29-521 if the proposed conversion will not:

(1) add more than twenty-five (25) percent of new habitable floor area to existing buildings on site; or

In conducting the review and making a decision, the Director of Planning or the Planning and Zoning Board shall determine whether the conversion conforms to § 29-526(D), Activity A, "All Development Criteria", the Design Standards for the neighborhood planning area, and the standards for any applicable historic district or structure. If the conversion conforms, it shall be approved; if the conversion does not conform, it shall be denied.

Editor's note–Section 1 of Ord. No. 110, 1991, adopted Oct. 1, 1991, added a new § 29-179 as herein set out. Formerly, §29-179 pertained to multifamily dwellings and derived from §118-43(I) of the 1972 Code.

Structures providing meeting places and places of public assembly in the R-M District shall not have more than twenty (20) percent of their total usable floor area devoted to office or other accessory uses.

Development of areas in the R-M District as a Planned Unit Development plan as defined, processed and approved according to § 29-526 may vary the requirements of this Subdivision.

The R-H High Density Residential District is for areas containing high density residential uses.

The following uses shall be permitted in the R-H District, provided that uses in subsections (5) through (20) inclusive shall comply with the landscape requirements set forth in § 29-204:

(7) Churches and uses providing meeting places and places for public assembly with incidental office space.

(18) Essential public utility and public service installations and facilities for the protection and welfare of the surrounding area, provided that business offices and repair and storage facilities are not included.

(23) Any land use located on a Planned Unit Development plan as defined, processed and approved according to § 29-526.

(1) Minimum lot area shall be the equivalent of one-half (½) the total floor area of the building, but not less than six thousand (6,000) square feet for a single-family dwelling, two-family dwelling or group home, nine thousand (9,000) square feet for a multifamily dwelling, church or child-care center and twelve thousand (12,000) square feet for all other principal uses.

(2) Minimum lot width shall be sixty (60) feet for a single-family or two-family dwelling, seventy-five (75) feet for a multifamily dwelling or child-care center and one hundred (100) feet for all other principal uses.

(5) Minimum side yard width shall be the equivalent of one (1) foot for each three (3) feet or fraction thereof of building height except that no side yard shall be less than five (5) feet in width and single-family and two-family dwellings shall require no more than five (5) feet of side yard. The minimum side yard width shall be fifteen (15) feet on the street side of any corner lot.

(Code 1972, § 118-44(B)—(F); Ord. No. 3, 1988, §6, 1-19-88; Ord. No. 117, 1991, § 4, 11-5-91)

The conversions from one (1) use to any use permitted in this district other than to a single-family or two-family dwelling, church or group home shall require a Site Plan Design Supplemental Review and approval by the Planning and Zoning Board according to Article III, Division 4, Subdivision G of these Regulations, provided that the applicant may request administrative review and approval under § 29-521 if the proposed conversion will not:

(1) add more than twenty-five (25) percent of new habitable floor area to existing buildings on site; or

Editor's note–Section 2 of Ord. No. 110, 1991, adopted Oct. 1, 1991, repealed §§ 29-204—29-206 and added new provisions designated of § 29-204. Formerly, §§ 29-204—29-206 pertained to landscape requirements, conversions from residential to nonresidential uses, and multifamily dwellings, respectively, and derived from §§ 118-44(H)—(J), respectively, of the 1972 Code. Section 2 of Ord. No. 110, 1991, further renumbered §29-207 as § 29-205 herein.

Development of areas in the R-H District as a Planned Unit Development plan as defined, processed and approved according to § 29-526 may vary the requirements of this Subdivision.

(Code 1972, § 118-44(G); Ord. No. 110, 1991, § 2, 10-1-91; Ord. No. 33, 1992, 3-17-92)

The N-C-B Neighborhood Conservation Buffer District is for areas that are a transition between residential neighborhoods and more intensive commercial-use areas or high traffic zones.

(3) Multifamily dwellings up to four (4) units, provided that no structural additions or exterior alterations are made to the existing building, or the dwellings are constructed on a vacant lot or a parcel which did not contain a structure at the time of the adoption of this Section.

(5) Churches and uses providing meeting places and places for public assembly with incidental office space.

(6) Medical and dental clinics, professional offices and personal service shops, provided that no structural additions or exterior alterations are made to the existing building, or the uses are constructed on a vacant lot or a parcel which did not contain a structure at the time of the adoption of this Section.

(11) The following uses are permitted within the N-C-B District, provided that the intended uses are shown on a site plan submitted to and approved by the Director of Planning:

a. Multifamily dwellings up to four (4) units which propose structural additions or exterior alterations to the existing building, or the dwellings are to be constructed on a lot or parcel which contained a structure at the time of adoption of this Section.

b.Multifamily dwellings greater than four (4) units at up to twenty-four (24) units per acre.

(12) The following uses are permitted in the N-C-B District, provided that the intended uses are shown on a site plan submitted to and approved by the Planning and Zoning Board:

a. Public and private schools for preschool, elementary, high school, college and university education.

b.Multifamily dwellings greater than four (4) units greater than twenty-four (24) units per acre.

d.Medical and dental clinics, professional offices and personal service shops which propose structural additions or exterior alterations to the existing building, or the uses are to be constructed on a lot or parcel which contained a structure at the time of adoption of this Section.

(13) Any legally permissible use which existed on a parcel of property as of the effective date of the ordinance that placed such parcel of property into this zoning district, provided that such permitted use shall be limited to such parcel of property.

(14) Any land use located on a Planned Unit Development plan as defined, processed and approved according to § 29-526.

(1) Minimum lot area shall be the equivalent to the total floor area of the building(s), but not less than five thousand (5,000) square feet. For the purposes of this subsection, total floor area shall mean the total gross floor area of all principal buildings, and of all accessory buildings larger than one hundred twenty (120) square feet, located on a lot, as measured along the outside walls of each building, including each finished or unfinished floor level, but not including open balconies or basements.

(2) Minimum lot width shall be forty (40) feet for a one-family or two-family dwelling and fifty (50) feet for all other uses.

(3) Minimum front yard depth shall be fifteen (15) feet. Setbacks from garage doors to the backs of public walks shall not be less than twenty (20) feet.

(4) Minimum rear yard depth shall be five (5) feet from existing alleys, fifteen (15) feet in all other conditions.

(7) All exterior walls of residential buildings that are greater than six (6) feet in length shall be constructed parallel to or at right angles to the side lot lines of the lot whenever the lot is rectilinear in shape.

(10) A rooftop or second floor addition shall not overhang the lower front or side exterior walls of the existing building.

(12) Front porches shall be limited to one (1) story, and the front facades of all one- and two-family dwellings shall be no higher than two (2) stories.

(15) A maximum of forty (40) percent of the front yard of a lot may be covered with inorganic material such as asphalt or cement concrete, paving stone, flagstone, rock or gravel.

Permitted uses listed in § 29-209(11) and (12) shall require that a site plan, landscape plan, building elevations and other supporting docu-mentation complying with § 29-526(G) shall be submitted to the Director of Planning. Upon receipt of a complete application, the Director shall schedule the application for the next administrative review hearing or Planning and Zoning Board hearing whichever is applicable.

Development of areas in the N-C-B District as a Planned Unit Development plan as defined, processed and approved according to § 29-526 may not vary the requirements of this Subdivision.

The R-P Planned Residential District is for areas planned as a unit to provide a variation in use and building placement.

(1) Any use permitted in the R-L Low Density Residential District, subject to all use requirements specified for the R-L District.

(2) Any land use located on a Planned Unit Development plan as defined, processed and approved according to § 29-526.

The minimum area of lots, minimum width of lots, minimum front yard, minimum rear yard and minimum side yard, except where specified below, shall be the same as specified for the R-L Low Density Residential District.

Development of areas in the R-P District as a Planned Unit Development plan as defined, processed and approved according to § 29-526 may vary the requirements of this Subdivision.

The R-M-P Medium Density Planned Residential District is for medium density areas planned as a unit to provide a variation in use and building placements.

(1) Any use permitted in the R-L Low Density Residential District, subject to all use requirements set forth for the R-L District.

(2) Any land use located on a Planned Unit Development plan as defined, processed and approved according to § 29-526.

The minimum area of lots, minimum width of lots, minimum front yard, minimum rear yard and minimum side yard requirements in the R-M-P District, except where specified in this Subdivision, shall be the same as specified for the R-L Low Density Residential District.

Development of areas in the R-M-P District as a Planned Unit Development plan defined, processed and approved according to § 29-526 may vary the requirements of this Subdivision.

(1) Any use permitted in the R-L Low Density Residential District, subject to all of the use and density requirements of the R-L District.

(2) Mobile home parks containing independent mobile homes not exceeding six (6) housing units per acre with accessory buildings and uses for storage, service and recreation, provided that the plan for such mobile home park is shown on a Planned Unit Development plan processed, approved and recorded as provided in § 29-526.

(3) Any land use located on a Planned Unit Development plan as defined, processed and approved according to § 29-526.

(1) Each mobile home park established in the M-L District shall contain a minimum of eight (8) acres.

(2) Each mobile home park established in this district shall contain a minimum width of two hundred (200) feet. In addition, there shall be a minimum width of sixty (60) feet which shall front on a public street to provide access to the mobile home park.

a. The minimum distance of any building or mobile home from an exterior lot line of the mobile home park shall be thirty (30) feet. In addition, the minimum distance of any building or mobile home in a mobile home park from any public dedicated street shall be twenty (20) feet.

b.The minimum distance allowed between mobile homes or mobile homes and buildings in a mobile home park shall be ten (10) feet.

(1) Any use permitted in an R-M Medium Density Residential District, subject to all of the use and density requirements of such district.

(2) Mobile homes on individual lots subject to all density requirements specified for a single-family dwelling in an R-M Medium Density Residential District.

(3) Mobile home parks containing independent mobile homes not exceeding eight (8) units net per acre with accessory buildings and uses for storage, service and recreation.

(4) Mobile home parks containing independent mobile homes not exceeding twelve (12) units net per acre with accessory buildings and uses for storage, service and recreation, provided that the plan for such mobile home park is shown on a Planned Unit Development plan processed, approved and recorded as provided in § 29-526.

(5) Any land use located on a Planned Unit Development plan as defined, processed and approved according to § 29-526.

(1) Each mobile home park established in the M-M District shall contain a minimum of five (5) acres.

a. The minimum distance of any building or mobile home from any exterior lot line of the mobile home park shall be thirty (30) feet. In addition, the minimum distance of any building or mobile home in a mobile home park from any public dedicated street shall be twenty (20) feet.

b.The minimum distance allowed between mobile homes or mobile homes and buildings in a mobile home park shall be ten (10) feet.

The B-P Planned Business District designation is for areas planned as a unit to provide business services while still protecting surrounding residential areas.

(2) Any land use located on a Planned Unit Development plan as defined, processed and approved according to § 29-526.

The minimum area of lots, minimum width of lots, minimum front yard, minimum rear yard and minimum side yard requirements in the B-P District shall be the same as specified for the R-M Medium Density Residential District.

Development of areas in the B-P District as a Planned Unit Development plan as defined, processed and approved according to § 29-526 may vary the requirements of this Subdivision.

The B-L Limited Business District designation is for areas for neighborhood convenience centers.

The following uses shall be permitted in the B-L District, provided that any use shall be separated from abutting residential zoning districts by a solid fence or wall at least six (6) feet in height, and further provided that any use shall comply with the landscape requirements set forth in § 29-304:

(2) Printing and copying services whose business consists primarily of serving retail customers.

(11) Limited indoor recreation uses, provided that all such activities are conducted entirely within an enclosed structure.

(16) Churches provided that such uses comply with the lot area, front yard, rear yard, side yard and off-street parking minimum requirements as set forth in § 29-201 et seq.

(17) Shopping centers consisting of any of the above uses, subject to being shown on a Planned Unit Development plan as defined, processed and approved according to § 29-526.

(19) Any land use located on a Planned Unit Development plan as defined, processed and approved according to § 29-526.

(Code 1972, § 118-61(A); Ord. No. 110, 1991, § 3, 10-1-91; Ord. No. 117, 1991, § 8, 11-5-91)

The minimum lot area in the B-L District shall be two (2) times the total floor area of the building. Minimum lot width shall be seventy-five (75) feet. Minimum yard depth shall be twenty (20) feet from an alley or zoning district line.

(a) Any use in the B-L District shall require that a landscape plan complying with § 29-526(G)(4)(c) shall be submitted to and approved by the Director of Planning. The Director of Planning shall take action to approve or disapprove any such plan utilizing Criteria 2.13 of § 29-526(D), Activity A, "All Development Criteria," within fourteen (14) days after the plan is submitted to the Director of Planning. Appeals from the decision of the Director of Planning may be taken by any party-in-interest to the Planning and Zoning Board by the filing of a notice of appeal with the Director of Planning in accordance with rules and procedures established in §§ 2-48 and 2-49 of the City Code. In the event of such an appeal, the Planning and Zoning Board shall conduct a new hearing on the Plan, and after the hearing, the Plan shall either be approved, disapproved or approved with conditions. Any party-in-interest may further appeal the decision of the Planning and Zoning Board to the City Council by the filing of a notice of appeal with the City Clerk in accordance with the provisions of Chapter 2, Article II, Division 3 of the City Code.

(b) No occupancy permit for any development in the B-L District shall be issued unless all landscaping in the development has been installed in accordance with an approved landscape plan for such development. If such landscape installation has not been completed, an occupancy permit may be issued upon receipt by the Financial Officer of a cash deposit, landscape bond, letter of credit or other satisfactory guarantee in an amount equal to the estimated cost of the landscaping improvements to be installed. The amount of such guarantee shall be sufficient to cover the cost of the installation of all landscaping which is shown on the approved landscape plan and which has not yet been installed. In the absence of an executed contract to install such landscaping, landscape cost estimates shall be determined by a city approved appraisal. The cash deposit, bond, letter of credit or other guarantee shall be released upon certification by the Building Permits and Inspections Administrator that the required landscape installation has been completed.

(Code 1972, § 118-61(E); Ord. No. 110, 1991, § 1, 10-1-91; Ord. No. 176, 1993, § 1, 1-4-94)

Development of areas in the B-L District as a Planned Unit Development plan as defined, processed and approved according to § 29-526 may vary the requirements of this Subdivision.

The H-C Highway Commercial District is for high traffic commercial corridors where a range of uses is encouraged to create a transition from commercial operations on a highway, major arterial street or rail spur, to less intensive use areas or residential neighborhoods. This designation is only for areas identified for its application in an area plan adopted as part of the Comprehensive Plan.

(1) Commercial operations; vehicle and equipment sales*, rental*, servicing and repair; supply yard uses and nurseries, except:

a. Uses which consist of the sale, storage, servicing or repair of mobile homes, large excavation equipment, farm implements or other similar heavy equipment or structures.

c. Warehouses and storage facilities within two hundred (200) feet of a major arterial street right-of-way.

(3) Workshop and custom small industry uses, meaning the production of goods by hand, manufacturing involving hand tools and small-scale equipment, small engine repair, appliance repair, bicycle repair, furniture making and restoring, upholstering, custom car or motorcycle restoring and other similar uses.

(4) Studio uses including places of work by artists, photographers or other artisans.

(6) Personal service shops, business services, offices, banks, clinics and child care centers.

(7) Public and private vocational and technical schools and other similar training or instructional services or facilities.

(8) Public and semipublic facilities and services, including places of worship, libraries, emergency services, parks and recreational uses and other similar uses.

(9) Limited indoor recreational uses and indoor theaters, except adult amusement and entertainment.

(12) Multifamily, two-family, and single-family residential uses except within two hundred (200) feet of a major arterial street right-of-way.

(13) Group homes except within two hundred (200) feet of a major arterial right-of-way.

(14) Mixed use developments consisting of any of the above uses designed as a unit within a single parcel or building.

(15) Drive-in restaurants subject to being shown on a Planned Unit Development plan as defined, processed and approved according to § 29-526.

(16) Shopping centers subject to being shown on a Planned Unit Development plan as defined, processed and approved according to § 29-526.

(17) Any legally permissible use which existed on a parcel of property as of the effective date of the ordinance that placed such parcel of property into this zoning district, provided that such permitted use shall be limited to such parcel of property.

(19) Any land use located on a Planned Unit Development plan as defined, processed and approved according to § 29-526.

All development in the H-C Highway Commercial District shall comply with any applicable design standards prepared and adopted by the city. Any development of areas in this District as a Planned Unit Development pursuant to § 29-526 shall comply with any such applicable design standards.

Permitted uses listed in § 29-312(1) through (14) inclusive, and single expansions or successive expansions applied for within a two-year period that total more than ten (10) percent of the existing gross floor area of the affected building prior to such expansion(s), or that total more than one thousand (1,000) square feet of gross floor area (whichever is less), shall require design review of permitted uses as set forth in § 29-520, et seq.

The B-C Business Center District is for fringes of retail/commercial core areas and corridors. This District is for moderate intensity uses that are supportive of the commercial core or corridor, and that help to create a transition and a link between the commercial areas and surrounding residential areas. This designation is only for areas identified for its application in an area plan adopted as part of the Comprehensive Plan.

(2) Workshop and custom small industry uses, meaning the production of goods by hand, manufacturing involving hand tools and small-scale equipment, small engine repair, appliance repair, bicycle repair, furniture making and restoring, upholstering, custom car or motorcycle restoring and other similar uses.

(3) Studio uses including places of work by artists, photographers or other artisans.

(4) Multifamily, two-family and single-family residential uses with a minimum density of five (5) dwelling units per acre calculated on a gross residential acreage basis for any development project. Single-family housing shall be limited to a maximum of forty (40) percent of the district area.

(6) Personal service shops, business services, banks, offices, clinics and child-care centers.

(8) Standard and fast food restaurants, limited indoor recreational uses and indoor theaters, except adult amusement and entertainment.

(10) Public and semipublic facilities and services, including places of worship, libraries, emergency services, parks and recreational uses and other similar uses.

(13) Mixed use developments consisting of any of the above uses designed as a unit within a single parcel or building.

(14) Any legally permissible use which existed on a parcel of property as of the effective date of the ordinance that placed such parcel of property into this zoning district, provided that such permitted use shall be limited to such parcel of property.

(16) Any land use located on a Planned Unit Development plan as defined, processed and approved according to § 29-526.

All developments in the B-C Business Center District shall comply with any applicable design standards prepared and adopted by the city. Any development of areas in this District as a Planned Unit Development pursuant to § 29-526 shall comply with any such applicable design standards.

Permitted uses listed in § 29-316(1) through (13) inclusive, and single expansions or successive expansions applied for within a two-year period that total more than ten (10) percent of the existing gross floor area of the affected building prior to such expansion(s), or more than one thousand (1,000) square feet of gross floor area (whichever is less), shall require design review of permitted uses as set forth in § 29-520 et seq.

The following uses shall be permitted in the H-B District, provided that any use permitted in this district shall be separated from abutting residential zoning districts by a fence or a hedge at least six (6) feet in height which effectively screens the view on a year-round basis, and all uses shall provide adequate fencing to control blowing debris:

(1) Any uses permitted in the R-M Medium Density Residential District, provided that any such use complies with all of the use requirements of such district, except that the minimum area of lot provision of this district shall be applicable.

(3) Any use permitted in the B-L Limited Business District, not located in a shopping center, subject to the following requirements:

a. The yard and parking requirements of the B-L Limited Business District shall be applicable.

b.The landscape requirements of the B-L Limited Business District shall be applicable.

(5) Any land use located on a Planned Unit Development plan as defined, processed and approved according to § 29-526.

The minimum lot area in the H-B District shall be the equivalent of one-half (½) of the total floor area of the building. The minimum lot width shall be seventy-five (75) feet. The minimum yard depth shall be fifteen (15) feet from streets and alleys.

Development of areas in the H-B District as a Planned Unit Development plan as defined, processed and approved according to § 29-526 may vary the requirements of this Subdivision.

The B-G General Business District designation is for downtown business districts.

The general business uses permitted in the B-G District include, but are not limited to, the following:

(20) Shopping centers consisting of any of the above uses, subject to being shown on a Planned Unit Development plan as defined, processed and approved according to § 29-526.

(27) Any land use located on a Planned Unit Development plan as defined, processed and approved according to § 29-526.

(Code 1972, § 118-63(A); Ord. No. 110, 1991, § 5, 10-1-91; Ord. No. 117, 1991, § 9, 11-5-91)

The minimum lot area in the B-G District shall be the equivalent of one-half (½) the total floor area of the building.

Development of areas in the B-G District as a Planned Unit Development plan as defined, processed and approved according to § 29-526 may vary the requirements of this Subdivision.

The C-L Limited Commercial District designation is to provide for areas for commercial uses, automobile-oriented businesses which usually contain outdoor display or storage of vehicles, and service uses, while still protecting surrounding residential areas.

The following uses shall be permitted in the C-L District, provided that any nonresidential use shall be separated from abutting residential land uses or residential zoning districts by a solid fence or wall at least six (6) feet in height, and further provided that any use shall comply with the landscape requirements set forth in § 29-342:

(1) Assembly, packaging or installation of gauges, electric or electronic instruments and similar equipment and devices, with enclosed component storage.

(15) Laundry and dry-cleaning outlets whose business consists primarily of serving retail customers.

(32) Accessory buildings and uses, provided that outdoor storage areas shall also be screened from surrounding uses by a solid fence or wall at least six (6) feet in height.

(33) The following uses are permitted in the C-L District, provided that the uses enumerated are shown on a site plan submitted to and approved by the Director of Planning:

(34) Any legally permissible use which existed on a parcel of property as of the effective date of the ordinance that placed such parcel of property into this zoning district, provided that such permitted use shall be limited to such parcel of property.

(35) Any land use located on a Planned Unit Development plan as defined, processed and approved according to § 29-526.

(a) Any use in the C-L District shall require that a landscape plan complying with § 29-526(G)(4)(c) shall be submitted to and approved by the Director of Planning. The Director of Planning shall take action to approve or disapprove any such plan utilizing Criteria 2.13 of § 29-526(D), Activity A, "All Development Criteria," within fourteen (14) days after the plan is submitted to the Director of Planning. Appeals from the decision of the Director of Planning may be taken by any party-in-interest to the Planning and Zoning Board by the filing of a notice of appeal with the Director of Planning in accordance with the rules and procedures established in §§ 2-48 and 2-49 of the City Code. In the event of such an appeal, the Planning and Zoning Board shall conduct a new hearing on the plan, and after the hearing, the plan shall either be approved, disapproved or approved with conditions. Any party-in-interest may further appeal the decision of the Planning and Zoning Board to the City Council by the filing of a notice of appeal with the City Clerk in accordance with the provisions of Chapter 2, Article II, Division 3 of the City Code.

(b) No occupancy permit for any development in the C-L District shall be issued unless all landscaping in the development has been installed in accordance with an approved landscape plan for such development. If such landscape installation has not been completed, an occupancy permit may be issued upon receipt by the Financial Officer of a cash deposit, landscape bond, letter of credit or other satisfactory guarantee in an amount equal to the estimated cost of the landscaping improvements to be installed. The amount of such guarantee shall be sufficient to cover the cost of the installation of all landscaping which is shown on the approved landscape plan and which has not yet been installed. In the absence of an executed contract to install such landscaping, landscape cost estimates shall be determined by a city approved appraisal. The cash deposit, bond, letter of credit or other guarantee shall be released upon certification by the Building Permits and Inspection Administrator that the required landscape installation has been completed.

Permitted uses listed in § 29-341 shall require that a site plan, landscape plan, building elevations and other supporting documentation complying with Article III, Division 4, Subdivision G of these Regulations, shall be submitted to and approved by the Director of Planning.

Development of areas in the C-L District as a Planned Unit Development plan as defined, processed and approved according to § 29-526 may vary the requirements of this Subdivision.

The C Commercial District designation is for areas for commercial, storage and service uses.

The commercial, storage and service uses permitted in the C District, include but are not limited to the following:

(28) Public and private vocational and technical schools, provided that no such school shall teach a trade or vocation which would be permitted only in the I-L Limited Industrial District or the I-G General Industrial District.

(29) Assembly, packaging or installation of gauges, electric or electronic instruments and similar equipment and devices, with enclosed component storage.

(30) Child-care centers, provided that a site plan is submitted to and approved by the Director of Planning.

(34) Any land use located on a Planned Unit Development plan as defined, processed and approved according to § 29-526.

The EP Employment Park District designation is for areas of the city which have been designated and planned as "employment parks" in accordance with the city's comprehensive plan and which are used for a variety of activities including, without limitation: industrial uses, research and development activities, offices, shopping centers and residential dwellings. The EP District is designed to achieve the following purposes:

(1) To provide an open, attractive environment for business and industrial activities with convenient access to nearby housing, support retail, essential services, restaurants and other amenities for businesses, employees, clients and residents.

(2) To encourage the development of office and business parks where recommended in the comprehensive plan of the city, including elements thereof.

(3) To direct the development of employment parks consistent with the availability of public facilities and services.

(4) To encourage excellence in the design and construction of buildings, open spaces, pedestrian and bicycle facilities and streetscapes.

(6) To provide a range of housing choices and to continue the vitality of and quality of life in existing residential neighborhoods.

(a) Permitted uses (1) through (5) shall require that a preliminary site plan, landscape plan, building elevations and other supporting documentation meeting all the requirements for master and preliminary plans as provided in § 29-526 be submitted to the Planning and Zoning Board for its review and approval.

Upon approval of the preliminary plan, a final plan complying with the requirements for final plans as provided in § 29-526 shall be submitted to the Planning and Zoning Board for its review and approval. For good cause shown, the Director of Planning may determine if application for final plan approval may be made concurrently with the application for approval of the preliminary plan. The Planning and Zoning Board shall apply the criteria and requirements of § 29-357 in making its determination to approve, approve with conditions or deny the final plan.

(1) Research facilities, testing laboratories, offices and other facilities for research and development.

(2) Industrial uses (subject to the performance standards required for the I-L Limited Industrial District as set forth in § 29-368).

(6) Any land use located in a Planned Unit Development plan as defined, processed and approved according to § 29-526.

As a requirement for approval under § 29-356(a) above, the final plan shall be in substantial compliance with the approved preliminary plan. "Substantial compliance" shall mean that all conditions imposed by the Planning and Zoning Board upon its approval of the preliminary plan have been met and the final plan does not:

(2) Increase the number of residential dwelling units by more than one (1) percent; and

(3) Contain changes which normally cause the development to be disqualified under the applicable requirements of this zoning district.

The final plan shall comply with all the applicable criteria of § 29-526(D); provided, however, that the Planning and Zoning Board shall not impose additional requirements or conditions pertaining to the general layout and densities as shown on the preliminary plan.

All development in the EP District shall comply with any standards prepared and adopted by the city to the extent that such standards apply to the property proposed to be developed.

Development of areas in the EP District as a Planned Unit Development plan as defined, processed and approved according to § 29-526 may vary the requirements of this zoning district; provided, however, that all development in the EP District shall comply with any applicable standards as provided in § 29-358.

All permitted and accessory uses, except for off-street parking and loading, shall be conducted or carried out entirely within completely enclosed buildings or structures.

The I-L Limited Industrial District designation is primarily for light industrial uses.

(1) Light industrial uses, including such uses as the manufacture of electronic instruments, preparation of food products, pharmaceutical manufacturing, research and scientific laboratories and the like. Light industry shall not include uses such as mining and extracting industries, petrochemical industries, rubber refining, primary metal and related industries. All such light industrial uses shall be shown on a site plan submitted to and approved by the Director of Planning.

(2) The following described commercial uses, provided that the uses enumerated are shown on a site plan submitted to and approved by the Director of Planning:

n. Assembly, packaging or installation of gauges, electric or electronic instruments and similar equipment and devices with enclosed component storage.

o. Recreational uses, including activities such as billiard and pool parlors, dance studios, martial arts schools, arts and crafts studios, exercise and health clubs, bowling alleys, tennis, basketball and swimming.

q. Child-care centers, provided that a site plan is submitted to and approved by the Director of Planning.

(3) Accessory buildings and uses, including related retail sales uses, when incidental and subordinate to any use permitted in the I-L District.

(4) Any land use located on a Planned Unit Development plan as defined, processed and approved according to § 29-526.

(a) All uses allowed in the I-L District shall conform to the performance standards in this Section. The purpose of such standards is to permit potential industrial nuisances to be measured, factually and objectively; to ensure that all industries will provide methods to protect the community from hazards and nuisances which can be prevented by processes of control and nuisance elimination; and to protect industries from arbitrary exclusion or persecution based solely on the nuisance production by any particular type of industry in the past.

(1) Glare and heat. Any operation producing intense glare or heat shall be conducted within an enclosed building or with other effective screening in such a manner as to make such glare or heat completely imperceptible from any point along the property line.

(2) Vibration. Industrial operations shall cause no inherent and recurring generated vibration perceptible without instruments at any point along the property line. Transportation facilities or temporary construction are excluded from this restriction.

(3) Light. Exterior lighting, except for overhead streetlighting and warning, emergency or traffic signals, shall be installed in such a manner that the light source will be sufficiently obscured to prevent glare on public streets and walkways or into any residential area. The installation or erection of any lighting which may be confused with warning signals, emergency signals or traffic signals shall be unlawful.

a. No person shall emit or cause to be emitted into the atmosphere from any air contamination source of emission whatsoever any air contaminant which is of such a shade or density as to obscure an observer's vision to a degree in excess of twenty-percent opacity.

1. No person shall emit or cause to be emitted into the atmosphere from any pilot plant and experimental operation any air contaminant for a period or periods aggregating more than three (3) minutes in any sixty (60) consecutive minutes which is of such a shade or density as to obscure an observer's vision to a degree in excess of forty-percent opacity. This emission standard for pilot plants and experimental operations shall be in effect for a period not to exceed one hundred eighty (180) operating days, cumulative total, from the date such operations commence; thereafter, the twenty-percent opacity limitations provided in (4)a. above shall apply to emissions from pilot plants and experimental operations.

2. Emissions from fireplaces used for noncommercial or recreational purposes shall be exempt from (4)a. above.

3. Subsection (4)a. above shall not apply to emissions during the building of a new fire, cleaning of fires, soot blowing, start-up, any process modification or adjustment or occasional cleaning of control equipment, the shade or appearance of which is not darker than an equivalent opacity so as to obscure an observer's view to a degree not greater than forty (40) percent for a period or periods aggregating no more than three (3) minutes in any one (1) hour.

(5) Odor emissions. No person, wherever located, shall cause or allow the emission of odorous air contaminants from any single source such as to result in detectable odors which are measured in excess of the following limits:

a. For areas used predominantly for residential or commercial purposes, it is a violation if odors are detected after the odorous air has been diluted with seven (7) or more volumes of odor-free air.

b.In all other land use areas, it is a violation if odors are detected after the odorous air has been diluted with fifteen (15) or more volumes of odor-free air.

c. When the source is a manufacturing process or agricultural operation, no violation of (5)a. and b. herein shall be cited by the city, provided that the best practical treatment, maintenance and control currently available shall be utilized in order to maintain the lowest possible emission of odorous gases, and, where applicable, in determining the best practical control methods, the city shall not require any method which would result in an arbitrary and unreasonable taking of property or in the practical closing of any lawful business or activity if such would be without corresponding public benefit.

d.For all areas, it is a violation when odors are detected after the odorous air has been diluted with one hundred twenty-seven (127) or more volumes of odor-free air, in which case provisions of (5)c. herein shall not be applicable.

(6) Particle emission. No particles of fly ash shall exceed two-tenths (0.2.) grain per cubic foot of flue gas at a stack temperature of five hundred (500) degrees Fahrenheit.

(7) Hazardous materials. If the proposed uses or tenants of the project are known to use and/or store hazardous materials (including hazardous wastes) on-site, the project shall be designed to comply with all fire and building codes for the hazardous materials use and adequate precautions shall be taken to protect against negative off-site impacts of a hazardous materials release, using best available technology. A hazardous materials impact analysis, conforming to the requirements of the Poudre Fire Authority, shall be required to determine potential off-site impacts and required mitigation precautions.

(a) The minimum lot area in the I-L District shall be the equivalent of two (2) times the total floor area of the building, but in no event shall such area be less than twenty thousand (20,000) square feet.

(b) The minimum lot width in the I-L District shall be one hundred (100) feet. The minimum yard width shall be thirty (30) feet from any adjoining street or zoning district line. Where a zoning district line adjoins a railroad right-of-way, this minimum yard width shall not be required on the adjoining railroad right-of-way line.

Development of areas in the I-L District as a Planned Unit Development plan as defined, processed and approved according to § 29-526 may vary the requirements of this Subdivision.

A fifty-foot landscaped buffer strip shall be required along all arterial and collector streets in the I-L District.

Permitted uses listed in § 29-367 shall require that a site plan, landscape plan, building elevations and other supporting documentation complying with § 29-526 be submitted to and approved by the Director of Planning. Upon receipt of a complete application, the Director shall hold a public hearing in his/her office on the first and third Thursday of each month, at 1:30 p.m., for the purpose of approving, disapproving or approving with conditions the proposed development.

Notwithstanding the foregoing, the Director of Planning may refer the decision to the Planning and Zoning Board; and if so referred, the decision of the Planning and Zoning Board shall constitute a final decision, subject only to appeal to the City Council as provided in § 2-47 of the City Code.

(2) Any land use located on a Planned Unit Development plan as defined, processed and approved according to § 29-526.

Every use permitted in the I-G District shall conform to the performance standards required for the I-L Limited Industrial District as set forth in §29-368.

Development of areas in the I-G District as a Planned Unit Development plan as defined, processed and approved according to § 29-526 may vary the requirements of this Subdivision.

The storage yard of any junkyard use shall be enclosed and screened by an opaque fence or wall at least eight (8) feet in height.

The I-P Industrial Park District designation is for light industrial park areas containing controlled industrial uses. The I-P District is designed for industrial uses in proximity to areas zoned for residential use and along arterial streets.

(a) The uses permitted in the I-P District shall be those uses as set forth in § 29-367.

(b) Any use in this district shall conform to the requirements set forth in this Subdivision.

(a) Screening. Generally, an eighty-foot landscaped buffer strip shall be recommended along any and all residential district boundary lines abutting property in the I-P District, provided that variations from the standards herein set forth may be permitted if the City Forester and Director of Planning find that such variations provide an equal amount of effective screening. Normally, the buffer strip shall consist of a continuous evergreen screen with a minimum height of six (6) feet and planted in three (3) rows, with trees twenty (20) feet on center. If the zoning district line is on a street right-of-way, the requirement for a buffer strip shall be reduced to at least fifty (50) feet, and such buffer strip shall consist of a continuous evergreen screen, a minimum of six (6) feet in height and in two (2) rows, with trees twenty (20) feet on center.

(b) Landscaping along arterial streets. A fifty-foot landscape buffer strip shall be required along all arterial or collector streets.

(c) Design standards. Where landscaping is required, a plan shall be submitted and approved by the Director of Planning and the City Forester. The plan shall provide an ample quantity and variety of ornamental plant species which are regarded as suitable for this climate. Landscape treatment must be balanced with both evergreen and deciduous plant material with sufficient use of upright species for vertical control. Landscape treatment may include natural rock arrangements. Plant material selections will be reviewed for adaptability to physical conditions indicated by site plan locations.

(d) Irrigation. Permanent underground water facilities for irrigation purposes shall be provided for all landscaped areas except in those areas in which dry landscaping has been used.

(e) Maintenance. Required landscaping shall be maintained in a neat, clean and healthy condition. This maintenance shall include proper pruning, mowing of lawn areas, weeding, removal of litter, fertilizing, replacement of plants when necessary and regular watering of all landscaped areas.

The following are area minimum requirements with regard to the size of lots and setbacks for property in the I-P District:

(1) Lot area. The minimum lot area shall be the equivalent of two (2) times the total floor area of the building, but in no event less than twenty thousand (20,000) square feet. No more than fifty (50) percent of any lot shall be covered with building structures.

(3) Front yard. Minimum distance of any building from the front property line shall be fifty (50) feet. A minimum of twenty-five (25) feet in the front yard adjacent to any street right-of-way shall be used for no purpose other than the required landscaping and ingress and egress. No fences shall be erected within this twenty-five-foot area.

(4) Side yard. Minimum distance of any building from the side property line shall be thirty (30) feet. In cases where the side yards are used for storage, loading or parking facilities, they shall be screened from the view of public rights-of-way in residential areas. Where a zoning district line joins a railroad right-of-way, this side yard minimum distance shall not be required.

(5) Rear yard. Minimum distance from rear lot line to building shall be twenty (20) feet. In cases where the rear yards are used for storage, loading or parking facilities, they shall be screened from the view of public rights-of-way in residential areas. Where a zoning district line joins a railroad right-of-way, this rear yard minimum distance shall not be required.

All manufacturing and similar uses in the I-P District shall be carried on entirely within a completely enclosed structure.

All uses in the I-P District shall conform to the performance standards required for the I-L Limited Industrial District as set forth in § 29-368.

Development of areas in the I-P District as a Planned Unit Development plan as defined, processed and approved according to § 29-526 may vary the requirements of this Subdivision.

The RC River Corridor District designation is for areas developing within the corridor of the Cache La Poudre River.

(a) All permitted uses listed in this Section shall be subject to administrative review procedures as established in a Neighborhood Plan for the affected area, if such a plan has been adopted as an element of the Comprehensive Plan of the city. Permitted uses (3) through (30) below shall be subject to administrative review by the Director of Planning of the proposed site, landscape and preliminary architectural designs and, where applicable, opportunity for similar review by a neighborhood representative as allowed and adopted in the Neighborhood Plan, all in accordance with the administrative guidelines as developed by the city. The decision of the Director to approve, deny or modify the proposed plan must be made not sooner than four (4) weeks nor later than ten (10) weeks following the submittal of an application for a use in the RC River Corridor District and if the decision is not so made within the ten-week period, approval shall be deemed to have been given. The decision of the Director may be appealed to the Planning and Zoning Board as provided in the administrative guidelines.

(23) Laundry and dry-cleaning outlets whose business consists primarily of serving retail customers.

(29) Light industrial uses (subject to the performance standards included in § 29-415), including such uses as the manufacture of electronic instruments, assembly, packaging or installation of gauges, electric or electronic instruments and similar equipment and devices with enclosed component storage, preparation of food products, pharmaceutical manufacturing, research and scientific laboratories and the like. Light industry shall not include uses such as mining and extracting industries, petrochemical industries, rubber refining, primary metal and related industries.

(31) Any use located on a Planned Unit Development plan as defined, processed and approved according to § 29-526.

(c) Notwithstanding the provisions of Division 6 of this Article III, any nonconforming use in the RC River Corridor District shall be entitled to expand by up to twenty-five (25) percent of the gross floor area of such use as a matter of right without being subject to any administrative review. The basis for determining the gross floor area of any such expansion shall be that gross floor area that existed for that use on February 27, 1987, for those properties zoned or rezoned into the RC River Corridor District on February 27, 1987. For those properties that were zoned or rezoned into the RC River Corridor District after February 27, 1987, the basis for determining the gross floor area of any expansion shall be the gross floor area that existed for that use on the effective date that the subject property was zoned or rezoned into the RC River Corridor District.

(Ord. No. 31, 1987, § 2(118-74(A)), 2-17-87; Ord. No. 182, 1987, 12-1-87; Ord. No. 127, 1996, §§ 2, 3, 10-1-96)

All light industrial uses shall conform to the performance standards required for the I-L Limited Industrial District as set forth in § 29-368.

All uses in the RC District, except single-family and two-family dwellings, shall conform to the landscape requirements as set forth in § 29-526.

The minimum lot area shall be the equivalent of one-half (½) the total floor area of the building.

The requirements of this Subdivision may be varied or waived for uses which are located on a Planned Unit Development plan approved in accordance with § 29-526 (and where applicable, subject to review as established in an adopted Neighborhood Plan for the affected area).

Permitted uses listed in § 29-414(3) through (30), inclusive, shall require that a site plan, landscape plan, building elevations and other supporting documentation complying with City § 29-526 be submitted to and approved by the Director of Planning. Upon receipt of a complete application, the Director shall hold a public hearing in his/her office on the first and third Thursday of each month, at 1:30 p.m., for the purpose of approving, disapproving or approving with conditions the proposed development. Notwithstanding the foregoing, the Director of Planning may refer the decision to the Planning and Zoning Board; and if so referred, the decision of the Planning and Zoning Board shall constitute a final decision, subject only to appeal to the City Council as provided in § 2-47 of the City Code.

The T Transition District designation is for properties which are in a transitional stage with regard to ultimate development.

(1) No use shall be permitted of properties in the T District except such use as existed on the date the property was placed in this zoning district. No permanent structures shall be constructed on any land in this zoning district, except those at the time of zoning or rezoning of the property into this zoning district. The City Council may grant a variance permitting expansion of any existing use or installation or enlargement of a permanent structure to be used in connection with the use of the property at the time of such zoning or rezoning upon the following conditions:

a. The owner of the property, prior to the City Council meeting at which the zoning or rezoning is to be heard, shall submit a site plan showing in reasonable detail the existing and proposed uses of such property.

b.The City Council shall grant such variance only upon a finding that the strict application of the zoning ordinance relating to nonconforming uses would result in exceptional or undue hardship upon the owner of the property and that the variance may be granted without substantial detriment to the public good and without substantially impairing the intent and purposes of the nonconforming use provisions.

(2) After the property has been placed in the TDistrict, the Zoning Board of Appeals may grant a variance in accordance with §§ 29-41 and 29-42 permitting installation of a permanent structure to be used in connection with the use of the property at the time the property was placed in this zoning district.

The owner of any property in the T District may at any time petition the city to remove the property from this zoning district and place it in another zoning district. Any such petition shall be referred to the Planning and Zoning Board to be considered at the next regular meeting of such board which is scheduled at least fifteen (15) days from the date the petition is filed with the City Clerk. Within sixty (60) days from the date the matter is considered by the board, the City Council shall change the zoning for the property in question to another zoning district authorized under these Regulations.

The following phrase, when used in this Subdivision, shall have the meaning indicated.

Accessory building and use shall mean a subordinate use of a building, other structure or tract of land, or a subordinate building or other structure, which is:

(1) Clearly incidental to the use of the principal building, other structure or use of land;

(2) Customary in connection with the principal building, other structure or use of land;

(3) Ordinarily located on the same lot with the principal building, other structure or use of land.

Cross reference—Definitions and rules of construction generally, §1-2, City Code.

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

(a) Family foster homes. Family foster homes shall be permitted as an accessory use as defined in § 29-1, provided that the maximum number of foster children in any given home shall not exceed four (4).

(b) Day-care homes. With respect to day-care homes, the following regulations shall apply:

(1) The maximum number of day-care children permitted at any one (1) time shall vary according to the number of caretaker's children not attending full-day school as follows:

During the summer vacation of the school year, the maximum number of children, including caretaker's children under sixteen (16) years of age, permitted in the day-care home shall not exceed six (6).

(2) Day care also may be provided to no more than two (2) additional children of school age, either before or after school hours, and on days during the regular school year when school is not in session, such as conference days and holidays, but not including summer vacations. The number of such school-age children permitted to be cared for is as follows:

(c) Elderly day-care homes. Elderly day-care homes shall be permitted as an accessory use as defined in § 29-1, provided that the maximum number of elderly persons receiving care, protection and supervision in any such home shall not exceed four (4) at any one (1) given time.

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 living there with not more than one (1) other employee;

(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:

f. The renting of rooms to not more than two (2) persons per dwelling, provided that the residence in which the home occupation is conducted is occupied by the owner.

(11) A home occupation shall be permitted only after the owner has obtained a home occupation license from the city. The fee for such a license shall be ten dollars ($10.), and the term of such license shall be two (2) years. At the end of such term, the license may be issued again upon the submission and review of a new application and the payment of an additional ten-dollar fee. If the city is conducting an investigation of a violation of the code with respect to the particular home occupation at the time such renewal application is made, the license will not be reissued until the investigation is completed, and if necessary, all violations have been corrected. The term of the previous license shall continue during the period of investigation.

No part of an area or width required for a lot for the purpose of complying with the provisions of these Regulations shall be included as an area or width required for another lot. Where a minimum lot area square footage is otherwise required by these Regulations, said minimum lot area shall be required for each principal building located on any one (1) lot.

(a) Cornices, eaves or similar architectural features may extend into a required yard not more than two (2) feet. Fire escapes may extend into a required rear yard not more than six (6) feet.

(b) Where a side yard is otherwise required by these Regulations, the side yard along the street side of a normal corner lot (not a reverse corner lot) shall be not less than fifteen (15) feet.

(c) No part of a yard required for a building for the purpose of complying with the provisions of these Regulations shall be included as a yard for another building.

(d) Solar energy devices, including but not limited to, overhangs, movable insulating walls and roofs, detached solar collectors, sun reflectors and piping, may extend into a required yard not more than three (3) feet.

A minimum of two thousand five hundred (2,500) square feet of outdoor play area shall be provided for fifteen (15) children or fewer, with seventy-five (75) additional square feet being required for each additional child. Such play area within or abutting any residential district shall be enclosed by a decorative solid wood fence or 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 § 29-511. Where access to preschool nurseries is provided by other than local streets, an off-street vehicular bay or driveway shall be provided for the purpose of loading and unloading children. There shall be an indoor floor space reserved for school purposes of forty (40) square feet per child. Such indoor floor space must be approved by the Building Permits and Inspections Administrator.

(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 shall eliminate any emission of odor offensive to persons in the area of such clinics or hospitals.

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

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

(a) Group homes shall conform to the lot area and separation requirements as specified in the following table:

(b) With respect to group homes which require special review, the following regulations shall apply:

(1) Before any group home shall be approved in the N-C-L, R-E, R-F or R-L zone (or any other zone with permitted uses referenced to the N-C-L, R-E, R-F or R-L zone), the Planning and Zoning Board shall first conduct a special review hearing for the purpose of approving, denying or approving with conditions the application for a group home use in such zone. If approved, the board shall, with such approval, establish the type of group home permitted and the maximum number of residents allowed in such group home. Said hearing shall be open to the public, and the decision of the Planning and Zoning Board may be appealed to the City Council pursuant to the provisions of § 2-46 et seq. of the City Code.

(2) The issues for consideration by the Planning and Zoning Board at the special review hearing shall include an analysis of the following:

f. Compatibility of architectural design with the character of the surrounding neighborhood;

g.Whether the types of treatment activities or the rendering of services proposed to be conducted upon the premises is in a manner substantially inconsistent with the activities otherwise permitted in the zoning district; and

h.Such other requirements for group homes as are established in these Regulations.

(c) A group home may be located without consideration to the minimum separation requirements as established in (a) 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 Planning and Zoning Board has conducted a special review hearing to determine that the barrier and resulting separation distance are adequate to protect the city from the detrimental impact of an excessive concentration of group homes in any one (1) vicinity.

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

(e) If active and continuous operations are not carried on in a group home which was approved pursuant to the special review 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 approval from the Planning and Zoning Board as outlined in the special review provisions of this Section.

(f)A notice of any group home permit granted by the city, and any conditions imposed upon such group home, shall be duly recorded by the city with the county Clerk and Recorder, showing the description of the property upon which such group home is permitted.

(Code 1972, § 118-82(F); Ord. No. 183, 1987, § 4, 12-1-87; Ord. No. 68, 1992, §§ 10, 11, 7-7-92; Ord. No. 168, 1995, § 5, 1-2-96)

(a) No building or structure shall exceed a maximum height of forty (40) feet above grade. This limitation may be varied according to review criteria for buildings or structures located in a Planned Unit Development plan as defined, processed and approved according to § 29-526.

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

(c) It shall be unlawful to construct, build or 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.

(d) 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.

Sec. 29-477. Supplementary regulations for retail establishments occupying more than 25,000 feet.

No new large retail establishment, or addition to an existing large retail establishment which would increase the gross square feet of floor area of such establishment by fifty (50) percent or more, and no addition to a building which would create a larger retail establishment and which would 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 "Design Standards and Guidelines for Large Retail Establishments" as adopted by the city, either as a planned unit development approved in accordance with the provisions of § 29-526, or as a permitted use under Article III of these Regulations.

(a) Trash dumpsters shall be located within an opaque fence or wall that is a minimum of five (5) feet high.

(a) Subject to the requirements of Subsection (b) below, a wireless telecommunication services facility shall be permitted in only the following zoning districts:

(b) Applications for use of a wireless telecommunication services facility in any of the permitted zoning districts shall be reviewed pursuant to the provisions of §§ 29-520 and 29-521.

(a) Subject to the requirements of Subsection (b) below, wireless telecommunication services equipment may be attached to or mounted on any existing building or structure (or substantially similar replacement structure) located in any zoning district of the city. Wireless telecommunication services equipment shall not, however, be permitted to be attached to or mounted on any residential building containing four (4) or fewer dwelling units.

(b) Application for use of wireless telecommunication services equipment shall be reviewed pursuant to the provisions of §§ 29-520 and 29-521.

Sec. 29-481. Co-location of wireless telecommunication services facilities and equipment.

No wireless telecommunication services facility or equipment owner or lessee or employee thereof shall act to exclude or attempt to exclude any other wireless telecommunication services provider from using the same building, structure or location. Wireless telecommunication services facility owners or lessees or employees thereof shall cooperate in good faith to achieve co-location of wireless telecommunication services facilities and equipment with other wireless telecommunication services providers.

The following words, terms and phrases, when used in this Subdivision, shall have the meanings ascribed to them in this Section:

Landscaping shall refer to any combination of living plants such as trees, shrubs, plants, vegetative ground cover and turf grasses, and may include natural nonliving elements such as rock, stone and bark, as well as structural features, including but not limited to walks, fences, benches, works of art, reflective pools and fountains.

Off-street parking area or vehicular use area shall refer to all off-street areas and spaces designed, used, required or intended to be used for the parking, storage, maintenance, service, repair, display or operation of motor vehicles, including driveways or accessways in and to such areas, but not including public streets and rights-of-way.

Cross reference—Definitions and rules of construction generally, §1-2, City Code.

Any off-street parking or vehicular use area shall meet the requirements as set forth in the following subsections:

(1) Access. Unobstructed vehicular access to and from a public street shall be provided for all off-street parking spaces. Vehicular access shall be provided in such manner as to 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. Whenever a lot has frontage along an alley, any new off-street parking area located on such lot, including the driveway for a new detached garage, must obtain access from such adjoining alley. Such alley access shall not be required when a new detached garage is proposed to be accessed from an existing driveway that has a curb cut along a public street, or when alley access is deemed by the City Engineer or the Director of the Department of Transportation Services to be a hazard to persons or vehicles.

(2) Circulation. Adequate provision shall be made for the safe and efficient movement of vehicles and pedestrians in any vehicular use area. Parking spaces, access drives, traffic-control devices, sidewalks, curb cuts and all other elements of parking lot layout shall be properly designed in conformance with city specifications.

a. Required off-street parking spaces shall be located on the same lot or premises as the building or use for which they are required unless such spaces are provided collectively by two (2) or more buildings or uses on adjacent lots in a single parking area located within the boundaries of those adjacent lots and unless 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 unless an alternative location is approved by the city.

b.Only off-street parking areas provided to serve uses permitted in a residential zoning district will be allowed in that residential district.

c. In the N-C-L Neighborhood Conservation Low Density District, the N-C-M Neighborhood Conservation Medium Density District, the R-H High Density Residential District and the N-C-B Neighborhood Conservation Buffer District, permanent open off-street parking areas for all permitted principal uses, other than single-family dwellings, shall not be located any closer to a public street right-of-way than the distance by which the principal building is set back from the street right-of-way. This provision shall not be construed to preclude temporary parking in driveways.

(4) Surface. All open off-street parking and vehicular use areas shall be surfaced with asphalt, concrete or other material in conformance with city specifications.

(5) Lighting. Lighting provided for any off-street parking area adjacent to a residential use or residentially zoned lot shall shield the source of light from sight and prevent the spillover of direct light onto the residential use.

(6) Maintenance. The property owner shall be responsible for maintaining any vehicular use area in good condition and free of refuse and debris and all landscaping in a healthy and growing condition, replacing it when necessary as determined by the City Forester.

(7) Landscaping. 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 esti-mated 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 Administrator that the required landscaping program has been completed and maintained in accordance with the requirements of the bond.

(8) Landscape Irrigation. No certificate of occupancy shall be issued for any building on any portion of a property required by these Regulations 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 city that the required irrigation system has been completed in accordance with the requirements of the bond.

(Code 1972, § 118-81(D)(1); Ord. No. 68, 1992, § 12, 7-7-92; Ord. No. 76, 1994, § 4, 6-7-94; Ord. No. 14, 1996, §§ 17, 18, 2-20-96; Ord. No. 222, 1998, § 3, 12-15-98)

All open off-street parking lot or vehicular use areas containing six (6) or more parking spaces or one thousand eight hundred (1,800) square feet shall meet the following requirements:

(1) Setbacks. Any such vehicular use area shall be set back from the back of any curb or sidewalk improvement and side and rear yard lot lines, except a lot line between buildings or uses with collective parking consistent with the provisions of this Subdivision, according to the following table:

a. Any such vehicular use area shall be screened from any directly contiguous lot with a residential use or zoned for residential use by a solid wooden fence or solid wall six (6) feet in height. A landscaped visual barrier six (6) feet in height may be used to provide the necessary screening in lieu of a solid wooden fence or solid wall if it is of sufficient opacity to block at least seventy-five (75) percent of the light from motor vehicle headlights.

b.Any such vehicular use area shall be screened from the street by a landscape treatment of sufficient height and opacity to block at least twenty (20) percent of the cross-section view of the parking area from the street.

c. Plant material used for required screening shall achieve required opacity in its winter seasonal condition within two (2) years of construction of the vehicular use area to be screened.

d.Required screening and landscaping may be interrupted where necessary for access to vehicular use areas consistent with the general requirements of this Section.

e. Any such screening and landscaping shall be subject to the provisions of this Article regulating fences, hedges and walls.

f. Any vehicular use area with more than fifteen (15) parking spaces or four thousand five hundred (4,500) square feet shall provide landscaped islands and trees which conform to city specifications and which are dispersed throughout the vehicular use area in such a way as to provide visual relief with vertical landscaped elements and physical relief with seasonal shading. Not less than six (6) percent of the interior of any such vehicular use area shall be landscaped with such islands.

(3) Bicycle and motorcycle parking. Any use which provides any such parking area shall also provide facilities for motorcycle and bicycle parking which conform to city specifications.

(4) Parking for the disabled. Any use providing fifteen (15) or more parking spaces shall provide parking space (which conforms to city specifications) for use by physically disabled persons.

Off-street parking spaces shall be provided for the uses and in the amounts set forth as follows:

(1) For each single-family and two-family dwelling there shall be one (1) parking space per dwelling unit on lots with greater than forty (40) feet of street frontage or two (2) parking spaces per dwelling unit on lots with less than forty (40) feet of street frontage.

(2) For each multifamily dwelling there shall be parking spaces as indicated by the following schedule:

(3) For each mobile home there shall be two (2) parking spaces per dwelling unit.

(4) For each school, child-care center or institutional use located in a residential zoning district, and for each church use located in any district, there shall be one (1) parking space per five (5) seats in the auditorium or place of assembly, or two (2) parking spaces per three (3) employees, or one (1) parking space per one thousand (1,000) square feet of building floor area, whichever is greatest.

(5) For each boarding- and roominghouse or fraternity or sorority house, there shall be one (1) parking space per two (2) beds, plus one (1) parking space per two (2) employees.

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

(7) For each recreational use located in a residential district there shall be one (1) parking space per four (4) persons maximum rated capacity.

(8) For each institutional, business, commercial or industrial use there shall be two (2) parking spaces for each three (3) employees on the major shift.

(Code 1972, § 118-81(D)(3); Ord. No. 3, 1988, §13, 1-19-88; Ord. No. 125, 1988, 10-4-88; Ord. No. 117, 1991, § 14, 11-5-91)

For any drive-in or drive-through service bay, there shall be provided stacking space for vehicles waiting for service, which is sufficient to prevent any such vehicles from extending onto the public right-of-way at any time. In no case shall less than five (5) stacking spaces be provided for each such service bay on the entrance side, and one (1) such space on the exit side. No bays designed to be entered from more than one (1) direction shall be permitted.

For all business, commercial, industrial and manufacturing uses, off-street loading areas containing five hundred (500) square feet with no one (1) dimension less than ten (10) feet shall be required as an accessory use for new construction or major additions involving an increase in floor area, as follows:

(1) One (1) off-street loading space shall be provided for new construction or additions having a floor area between five hundred (500) square feet and twenty thousand (20,000) square feet.

(2) One (1) additional off-street loading space shall be provided for each additional twenty thousand (20,000) square feet or fraction thereof of floor area in excess of twenty thousand (20,000) square feet, provided that no such loading space occupies any part of a public street, alley, driveway or sidewalk.

Fences, hedges and walls may be permitted in the various districts as accessory uses in accordance with the following limitations:

(1) In the R-E, R-L, R-M, R-P, N-C-L, N-C-M and N-C-B Districts, they shall not exceed four (4) feet in height when located less than twenty (20) feet from the front lot line.

(2) In the R-E, R-L, R-M, R-P, N-C-L and N-C-M Districts, they shall not exceed six (6) feet in height when located more than twenty (20) feet from the front lot line.

(3) In all districts, fences shall not exceed forty-two (42) inches in height when located within seventy-five (75) feet of the centerline intersection of two (2) streets and, if over thirty-two (32) inches in height, shall be constructed of split rail with a minimum dimension of twelve (12) inches between horizontal members. Hedges shall not exceed thirty-two (32) inches in height when located within seventy-five (75) feet of the centerline intersection of two (2) streets.

(4) Except as permitted below, no barbed wire or other sharp-pointed fence and no electrically charged fence shall be installed or used in any district. In the I-G and C Districts, the Building Permits and Inspections Administrator may grant a revocable use permit which must be renewed every three (3) years for installation of security arms and barbed wire strands atop protective fences or walls, provided that the following conditions are met:

a. The lowest strand of barbed wire is maintained at least ten (10) feet above the adjoining ground level outside the fence;

b.Exterior area security lighting controlled by an automatic light level switch is installed and is maintained in good operating condition.

(Code 1972, § 118-81(F); Ord. No. 68, 1992, §§ 13, 14, 7-7-92; Ord. No. 14, 1996, § 20, 2-20-96)

The following terms, when used in these Regulations, shall have the meanings ascribed to them in this Section:

Site specific development plan shall mean and be limited to: the final plan, as approved pursuant to § 29-526; the final subdivision plat, as approved pursuant to § 29-643; a minor subdivision plat, as approved pursuant to § 29-644; final site plans in the R-M District, as provided pursuant to § 29-179; final site plans in the R-H District, as provided pursuant to §§ 29-205 and 29-206; cluster development plans as provided pursuant to § 29-116; site plans in the I-L and I-P Districts, as provided pursuant to § 29-372; site plans in the RC District, as provided pursuant to § 29-419; nonconforming use review, as provided pursuant to Article III, Division 6 of these Regulations; and group home review, as provided pursuant to § 29-475.

Vested property right shall mean the right to undertake and complete the development and use of property under the terms and conditions of a site specific development plan.

Cross reference—Definitions and rules of construction generally, §1-2, City Code.

(a) No site specific development plan shall be approved or extended pursuant to the provisions of §29-514 of the Code until after a public hearing, preceded by notice of such hearing published in a newspaper of general circulation within the city at least seven (7) days prior to such hearing. Such notice may, at the city's option, be combined with any other required notice. At such hearing, interested persons shall have an opportunity to be heard.

(b) A "notice of approval" describing generally the type and intensity of use approved, the specific parcel or parcels affected, and stating that a vested property right has been created or extended, shall be published once, not later than fourteen (14) days after the expiration of any right of appeal of the approval or the extension of the site specific development plan, or, in the event of the filing of an appeal, after final resolution of such appeal, in a newspaper of general circulation within the city. The period of time permitted by law for the exercise of any applicable right of referendum or judicial review shall not begin to run until the date of such publication, whether timely made within said fourteen-day period, or thereafter.

(a) A site specific development plan shall be deemed approved either upon the expiration of any right of appeal of the approval by the Planning and Zoning Board or Director of Planning, as applicable, relating thereto, or, in the event that any such decision of approval has been appealed, upon final resolution of such appeal, subject to the right of judicial review. The developer must have undertaken and completed the development of an approved site specific development plan within three (3) years from the effective date of approval. For the purposes of this Subdivision, a developer has "undertaken and completed the development" when all engineering improvements (water, sewer, streets, curbs, gutter, street lights, fire hydrants and storm drainage) are installed and completed in accordance with city rules and regulations.

(b) A vested property right may be extended for two (2) successive periods of six (6) months by the Director of Planning. Upon receipt of such request for extension, the Director shall hold a public hearing in his/her office for the purpose of approving, disapproving or approving with conditions the requested extension. Any additional extensions of a vested property right shall be approved, if at all, only by the Planning and Zoning Board. Any request for an extension must be submitted by the owner to the Director in writing at least thirty (30) days prior to the date of expiration of the vested property right. Failure to submit a written request within the specified time period shall cause forfeiture of the right to extension of the vested property right. Failure to undertake and complete the development within the term of the vested property right shall cause a forfeiture of the vested property right and shall require resubmission of all materials and reapproval of the same. All dedications as contained on the final plat shall remain valid unless vacated in accordance with law. The granting of the administrative extensions may, at the discretion of the Director, be referred to the board.

(c) In the event that administrative changes to a final plan, as approved pursuant to § 29-526(F)(5)(a), are approved, the effective date of such changes, for purposes of duration of a vested property right, shall be the date of the approval of the original plan.

(d) The approval of major amendments to a final plan, pursuant to § 29-526(F)(5)(b), shall, if established pursuant to notice and hearing as provided in § 29-513, create a new vested property right with effective period as provided herein and duration as provided by law.

Approval of a site specific development plan shall not constitute an exemption from or waiver of any other provisions of these Regulations or the City Code pertaining to the development and use of property.

Nothing in this Subdivision is intended to create any vested property right, but only to implement the provisions of Article 68, Title 24, C.R.S. In the event of the repeal of said article or a judicial determination that said article is invalid or unconstitutional, this Subdivision shall be deemed to be repealed and the provisions hereof no longer effective. Nothing herein shall be construed to prohibit the waiver of a vested property right pursuant to mutual agreement between the city and the affected landowner. Upon recordation of any such agreement with the county Clerk and Recorder, any property right which might otherwise have been vested shall be deemed to be not vested.

(a) Proposals for land use or development shall be subject to design review of permitted uses if referred to such review by the requirements of a zoning district in Article III, Division 3 of these Regulations. The zoning district from which a proposal is referred for such review shall be known as the "referral district."

(b) Any proposal application required pursuant to this Subdivision shall include a site plan, landscape plan, building elevations and other supporting documentation complying with § 29-526(G) unless the Director determines that all or part of such information is unnecessary.

(Ord. No. 112, 1991, § 1, 10-1-91; Ord. No. 25, 1995, § 3, 3-21-95; Ord. No. 169, 1995, 1-2-96)

For those proposals qualifying for design review of permitted uses pursuant to the regulations in the referral district, the following regulations shall apply:

(1) Any proposal qualifying for design review of permitted uses shall first be subject to a conceptual review conforming to the provisions of § 29-526(F(1)(a) and (b), following which conceptual review a formal proposal application may be filed, which application, if filed, shall be processed in accordance with the administrative review procedures hereafter established.

(2) The Director of Planning shall hold an administrative review hearing in the Director's office (or at such other locations as the Director may designate) on the first and third Thursday of each month at 1:30 p.m., as necessary to consider proposals filed which qualify for design review of permitted uses.

(3) The Director of Planning shall give written notice of such administrative review hearing to the owners of record of all real property within five hundred (500) feet (exclusive of public rights-of-way and public open space) of the property lines of the parcel of land which is the subject of the proposal. If the proposal is of a type described in § 29-526, Appendix A, Supplemental Notice Requirements, then the area of notification shall conform to the expanded notice requirements of said Appendix A. Written notice shall also be provided to all formally designated representatives of bona fide neighborhood groups and organizations and homeowners' associations within the area of notification. The Director of Planning shall mail such written notices at least seven (7) days prior to the administrative review hearing date established pursuant to subparagraph (2) above. The applicant shall prepare a list of persons to whom such notice is to be mailed, and, in order to assist the applicant in preparing such list, the Director of Planning shall provide the applicant with a map delineating the required area of notification, which area may be extended by the Director of Planning to the nearest streets or other distinctive physical features which would create a practical and rational boundary for the area of notification. The applicant shall pay postage and handling costs of fifty cents ($.50) per notice. Failure to deliver such notice shall not affect the validity of any such hearing. The real property proposed to be developed shall also be posted with a sign, giving notice to the general public of the proposed development. For parcels of land exceeding ten (10) acres in size, two (2) signs shall be posted. The size of the sign(s) required to be posted shall be as established in said Appendix A, Supplemental Notice Requirements. Such signs shall be provided by the Planning Department and shall be posted by the Director of Planning on the subject property in a manner and at a location or locations reasonably calculated to afford the best notice to the public, which posting shall occur within seven (7) days following submittal of an application to the Planning Department. A refundable deposit in the amount of ten dollars ($10.) per sign shall be submitted to the Planning Department at the time of the filing of the proposal application and shall be refunded to the applicant upon retrieval of said sign(s) in good condition.

(4) The Director of Planning shall consider any such proposal at an administrative review hearing occurring not sooner than four (4) weeks nor later than ten (10) weeks following the submittal of the proposal application except that, upon the request of the applicant, such hearing may be scheduled for a later date.

(5) Within eight (8) days after the administrative review hearing, the Director of Planning shall either approve or deny the plan, or refer the decision to the Planning and Zoning Board pursuant to subparagraph (7) of this Section.

(6) In making the administrative decision, the Director of Planning shall determine whether the proposed development conforms to § 29-526(D), Activity A, All Development Criteria, and to any other standards that have been established by the City Council by ordinance to regulate the proposed use or which are applicable to the region or area in which the proposal is located, or to any historic district or structure affected by the proposed use. If the proposed development conforms to such criteria and standards, it shall be approved; if the proposed development does not so conform, it shall be denied.

(7) Notwithstanding the provisions of subparagraph (6) of this Section, the Director of Planning shall refer the decision to the Planning and Zoning Board if (a) the Director determines that the proposal raises issues that require further public hearing and discussion, or (b) any party-in-interest (as said term is defined in § 2-46 of the City Code) requests such referral, provided that such request is made prior to the conclusion of that portion of the hearing that pertains to the proposal. The decision of the Board shall be final, subject to appeal to the City Council pursuant to the provisions of Chapter 2, Article II, Division 3 of the City Code.

(8) Appeals from the decision of the Director of Planning may be taken by any party-in-interest to the Planning and Zoning Board by the filing of a notice of appeal with the Director of Planning in accordance with the rules and procedures established in §§ 2-48 and 2-49 of the City Code. In the event of such an appeal, the Planning and Zoning Board shall conduct a new hearing on the Plan, and after the hearing, the Plan shall either be approved, disapproved or approved with conditions. Any party-in-interest may further appeal the decision of the Planning and Zoning Board to the City Council by the filing of a notice of appeal with the City Clerk in accordance with the provisions of Chapter 2, Article II, Division 3 of the City Code.

(Ord. No. 112, 1991, § 1, 10-1-91; Ord. No. 25, 1995, § 4, 3-21-95; Ord. No. 169, 1995, 1-2-96)

For those proposals requiring design review of permitted uses by the Planning and Zoning Board pursuant to the regulations in the referral district or pursuant to §29-521(7), the Board shall hold a public hearing and the following regulations shall apply:

(1) Any such public hearing shall be held following the giving of notice in accordance with the requirements established in § 29-521(3) for an administrative review hearing. In addition, such public hearing shall be held at the next regularly scheduled meeting of the Planning and Zoning Board occurring not sooner than fourteen (14) days from the date that the application was referred to the Planning and Zoning Board pursuant to § 29-521(7).

(2) In making its decision, the Planning and Zoning Board shall determine whether the proposed development conforms to § 29- 526(D), Activity A, All Development Criteria, and to any other standards that have been established by the City Council by ordinance to regulate the proposed use or which are applicable to the region or area in which the proposal is located, or to any historic district or structure affected by the proposed use. If the proposed development conforms to such criteria and standards, it shall be approved; if the proposed development does not so conform, it shall be denied.

(Ord. No. 112, 1991, § 1, 10-1-91; Ord. No. 25, 1995, § 5, 3-21-95; Ord. No. 169, 1995, 1-2-96)

All landscaping required by these Regulations shall comply with Criterion 1.11 of § 29-526(D), Activity A, "All Development Criteria."

(a) If the planting areas in the landscaping required by these Regulations are extensive, the installation of an underground irrigation system shall be required, and a final irrigation plan shall be submitted to and approved by the General Manager of Utility Services prior to the issuance of the first building permit, or if no building permit is required, prior to the commencement of construction. The final irrigation plan shall be submitted in accordance with § 29-526(G)(4)(d). If the water requirements of the plant material are low enough to be met with natural precipitation, and if a means of temporary irrigation is available to establish the plant material, the General Manager may waive the requirement for an underground irrigation system.

(b) The irrigation system shall comply with Criterion 1.11 of § 29-526(D), Activity A, "All Development Criteria."

(Ord. No. 76, 1994, § 5, 6-7-94; Ord. No. 8, 1996, §21, 2-20-96; Ord. No. 40, 1999, §1, 3-16-99)

All proposals for land use or development shall conform to any additional standards adopted by the City Council by ordinance, to the extent that such standards are expressly intended to regulate such proposed land use or developments. Such special standards shall include, without limitation, the following:

Ordinance No. 44, 1982, enacted by the City Council on April 20, 1982, adopted the Land Development Guidance System for Planned Unit Developments. This ordinance and all amendments which are made a part hereof by reference are available as a supplement to these Regulations in the Department of Planning and are available for public inspection in the office of the City Clerk.

Editor's note—The document adopted in this section has been amended by the following ordinances:

(a) In the event that a property has obtained development approval of a final planned unit development plan pursuant to § 29-526, such property may not thereafter be developed in any other fashion, except when such development is for the purpose of continuing or expanding any legal use (but not to include any previously approved subdivision or planned unit development) which existed upon the property at the time of the approval of the planned unit development plan; or upon the occurrence of one (1) of the following events:

(1) The right to develop the property in accordance with the approved planned unit development plan has expired pursuant to § 29-514 or § 29-526(H), in which event the property may be developed as a use specifically permitted by right, or according to such other planned unit development as may subsequently be approved by the Planning and Zoning Board;

(2) The owner of the property has obtained the approval, by resolution, of the Planning and Zoning Board to abandon the right to develop the property (or any portion thereof) in accordance with the approved planned unit development plan, in which event the right to develop other than as a planned unit development shall apply only to the portion of the property which is no longer subject to the planned unit development plan;

(3) The owner of the property has obtained permission from either the Director of Planning or the Planning and Zoning Board to amend the final development plan in accordance with § 29-526(F)(5), in which event the property shall be developed according to the amended plan;

(4) The owner of the property has obtained the approval of the Planning and Zoning Board to redevelop the property (or any portion thereof) in some manner other than in accordance with the approved planned unit development plan because of the destruction of improvements constructed pursuant to the approved planned unit development plan by reason of fire, flood, tornado or other catastrophe, in which event the property shall be developed according to the plan for redevelopment approved by the Planning and Zoning Board.

(b) Any property owner seeking to obtain the approval of the Planning and Zoning Board pursuant to § 29-527(a)(2), (3) or (4) shall submit an application complying with the requirements and procedures set forth in § 29-526(F)(5) pertaining to amendments to planned unit developments.

(c) In considering whether to approve any application for abandonment, amendment or redevelopment pursuant to § 29-527(a)(2), (3) or (4), the Director of Planning or the Planning and Zoning Board shall be governed by the following criteria:

(1) The application shall not be approved if, in so approving, any portion of the subject property remains developed or to be developed in accordance with the previously approved planned unit development plan and, because of the abandonment, amendment or redevelopment, such remaining parcel of property would no longer qualify for approval as a planned unit development pursuant to the criteria and requirements of § 29-526.

(2) The application shall not be approved if, in so approving, the City's rights of ownership of or practical ability to utilize any previously dedicated street, easement, right-of-way or other public area or public property would be denied or diminished to the detriment of the public good.

If the Planning and Zoning Board finds that the foregoing criteria and the criteria pertaining to amendments of final plans generally have been satisfied, the Board shall approve the application.

On or before the first day of each calendar year, the Director of Planning shall establish, post and file with the City Clerk a schedule showing the regular monthly meeting dates of the Planning and Zoning Board for the ensuing year and the corresponding filing deadlines for the submittals of applications for approval of overall development plans, preliminary plans and final plans, which filing deadlines shall provide for a minimum of nine (9) weeks and a maximum of ten (10) weeks between the filing of a complete application and the hearing at which the application shall be considered.

The following words, terms and phrases, when used in this Division, shall have the meanings ascribed to them in this Section:

Nonconforming building shall mean any legally existing building which does not conform to the minimum area of lot, minimum width of lot or minimum yard regulations of this Article for the district in which such nonconforming building is located, either at the effective date of this Article (October 24, 1965) or as a result of subsequent amendments which may be incorporated into this Article.

Nonconforming use shall mean any legally existing use, whether within a building or on a tract of land, which does not conform to the use regulations of this Article for the district in which such nonconforming use is located, either at the effective date of this Article (October 24, 1965) or as a result of subsequent amendments which may be incorporated into this Article.

Cross reference—Definitions and rules of construction generally, §1-2, City Code.

A nonconforming use may be continued and a nonconforming building may continue to be occupied, except as both of the foregoing are otherwise provided for in this Article.

(a) A nonconforming use may be changed to any conforming use. Any change of a nonconforming use, other than to a conforming use, shall require the approval of the Planning and Zoning Board. In considering a proposed change, the board shall make a finding as to whether or not the change in use is more compatible with the uses of the surrounding property than the existing nonconforming use.

(3) The difference in the degree of use of the proposed use, including but not limited to hours of operation and parking requirements;

If active and continuous operations are not carried on in a nonconforming use during a continuous period of one (1) year, the building, other structure or tract of land where such nonconforming use previously existed shall thereafter be occupied and used only for a conforming use. Intent to resume active operations shall not affect the foregoing.

A nonconforming building or a building containing a nonconforming use which has been damaged by fire or other causes may be restored to its original condition, provided such work is started within six (6) months of such calamity and completed within one (1) year of the time the restoration is commenced.

(a) A proposal for the enlargement or extension of a building containing a nonconforming use shall require the approval of the Planning and Zoning Board. In considering a proposed enlargement or extension, the board shall make a finding as to whether or not the enlargement or extension will adversely affect the surrounding properties.

(b) For the purpose of review, the Planning and Zoning Board shall consider the following criteria:

(3) The difference in the degree of use of the nonconforming use as a result of the proposed expansion;

(a) A nonconforming building may be structurally altered, repaired or enlarged in any way permitted by these regulations. Any building or other structure containing a nonconforming use or any nonconforming building or portion declared unsafe by the Building Permits and Inspections Administrator may be strengthened or restored to a safe condition.

(b) Nothing in this Article shall be interpreted as authorization for or approval of a continuance of the use of a structure or premises in violation of the zoning regulations in effect on October 24, 1965.

Signs shall be permitted in the various districts as accessory uses in accordance with the regulations contained in this Article.

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 districts. (Code 1972, § 118-97(D))

(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 sign code must be brought into conformance with the provisions of this Article, as amended, within ninety (90) days of the effective date of the amendment which caused the nonconformity.

(b) Existing on-premise signs for which a sign permit was issued pursuant to the previous provisions of these Regulations or the City Code, and which have become nonconforming because of subsequent amendments to said Regulations or Code, shall be brought into conformance with the provisions of this Article within fifteen (15) years from the date of the amendment which caused the nonconformity; provided, however, that during said fifteen (15) year period of amortization, 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;

(5) Continued in use if a change of use occurs as defined in the zoning ordinance; or

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

(c) All existing nonconforming signs located on property annexed to the city shall be removed or made to conform to the provisions of this Article no later than five (5) years after the effective date of such annexation; provided, however, that during said five year (5) amortization period, such signs shall be maintained in good condition and shall be subject to the same limitations contained in subparagraph (b)(1) through (6) above. This subsection shall not apply to off-premise signs which are within the ambit of the just 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 or sixty (60) days after the effective date of the ordinance from which this subsection was derived, whichever occurs later.

(Code 1972, §§ 118-97(B), (K), (L), 118-98; Ord. No. 145, 1990, §§ 2, 3, 2-5-91; Ord. No. 8, 1994, § 4, 2-15-94)

(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 §§ 29-591(1), (3) and (7), 29-593(2) and (3), and 29-599.

(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.

Signs in the N-C-L, N-C-M, R-E, R-L, R-M and R-P Districts or for any residential use subject to being shown on a Planned Unit Development plan defined, processed and approved in accordance with § 29-526, may include and shall be limited to the following:

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

(2) One (1) identification sign per multifamily dwelling, provided such sign does not exceed twenty (20) square feet in area per face and has only indirect illumination;

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

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

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

b. All such signs shall be located within the development and must be located along arterial roads adjacent to the development and subject to the following limitations:

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

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

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

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

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

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

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

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

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

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

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

(Code 1972, § 118-91; Ord. No. 12, 1989, § 5, 2-21-89; Ord. No. 68, 1992, § 15, 7-7-92; Ord. No. 8, 1994, § 5, 2-15-94)

Cross references—R-E Estate Residential District, § 29-91 et seq.; R-L Low Density Residential District, § 29-131 et seq.; R-M Medium Density Residential District, § 29-176 et seq.; R-P Planned Residential District, § 29-221 et seq.

Signs in the N-C-B, R-H, M-L and M-M Districts may include and shall be limited to the following:

(2) One (1) identification sign per principal use, other than a residential use, provided such sign does not exceed sixty (60) square feet in area per face.

Cross references—R-H High Density Residential District, §29-201; M-L Low Density Mobile Home District, § 29-251; M-M Medium Density Mobile Home District, § 29-271.

Signs in the E-P, R-C, C-L, B-P, B-L, B-G, H-B, C, I-L, I-G and I-P Districts, or any business, commercial and industrial use subject to being shown on a Planned Unit Development plan as defined, processed and approved in accordance with § 29-526 may include and shall be limited to the following:

(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.—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.—d. above, inclusive.

(Code 1972, § 118-93; Ord. No. 12, 1989, § 6, 2-21-89; Ord. No. 68, 1992, § 17, 7-7-92; Ord. 141, 1992, § 1, 1-5-93; Ord. No. 8, 1994, §§ 6, 7, 8, 2-15-94)

Cross references—B-P Planned Business District, § 29-286 et seq.; B-L Limited Business District, § 29-301 et seq.; H-B Highway Business District, § 29-321 et seq.; B-G General Business District, § 29-336 et seq.; C Commercial District, § 29-351 et seq.; I-L Limited Industrial District, § 29-366 et seq.; I-G General Industrial District, § 29-385 et seq.; I-P Industrial Park District, § 29-401 et seq.

Sec. 29-593.1. Limitations for nonresidential districts and 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 Sign District shall be shown on a map which shall be maintained in the office of the City Clerk. Any amendments to this map shall be made in the same manner as amendments to the zoning district map of the city, as provided in §§ 29-23 and 29-24. The following provisions shall only apply to proposed neighborhood service centers, neighborhood 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 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 ordinance, 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 Article IV of these Regulations, 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 Planning and Zoning Board as a condition of the approval of the planned unit development plan under § 29-526. Except as to location, the Planning and Zoning Board shall not impose more restrictive requirements or conditions than required under this Section.

(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:

(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 be defined as having current preliminary or final planned unit development 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 flushwall signs and flush wall cabinets shall be as follows:

* Any individual tenant space exceeding forty-five thousand (45,000) square feet in floor area shall be permitted one (1) flushwall 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 flushwall 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) flushwall sign not exceeding fifty-five (55) feet in length. Each tenant space shall be allowed one (1) such flushwall sign on each exterior building wall directly adjacent to the tenant space. In the event that a tenant space does not have a directly adjacent exterior wall, one (1) sign not exceeding thirty (30) square feet may be erected on an exterior wall of the building for the purpose of identifying that tenant space.

(11) No illuminated sign visible from or within three hundred (300) feet of any property which contains an existing or approved residential use or is zoned for residential use, may be illuminated between the hours of eleven (11:00) p.m. (or one-half [½] hour after the use to which it is pertains is closed, whichever is later) and six (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 be defined as having current preliminary or final planned unit development approval.

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

(13) 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.

(14) 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.

(15) In addition to the basic size allowance permitted under subsection 29-593.1(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.

(16) Window signs, excluding ideological signs, may cover no more than twenty-five (25) percent of the surface area of the window or door in which such signs are placed. 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.

(a) 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.

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

(c) The total measured area of a sign shall 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.

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

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

(a) Ground signs which exceed forty-two (42) inches in height, and freestanding signs which do not maintain free air space between a height of forty-two (42) inches and seventy-two (72) inches above the adjacent street elevation, shall be set back from the right-of-way line a distance as 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 subparagraph (c) of this Section.

Note: All "X" distances shall be fifteen (15) feet measured perpendicular from the projected flowline of the intersecting street. For explanation of distances, see the diagram below.

These distances are typical sight distance triangles to be used under normal conditions and may be modified by the City Engineer in order to protect the public safety and welfare in the event that exceptional site conditions necessitate such modification.

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

(c) Ground and freestanding signs shall comply with the following requirements with respect to size, height and location:

(d) 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.

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

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

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

(h) No more than one (1) freestanding or ground sign per street frontage shall be permitted for any property; excepting, however, election signs authorized in §§ 29-591(7) and 29-593(2), and for sale and for rent signs authorized in §§ 29-591(3) and 29-593(3). No freestanding or ground sign shall contain more than three (3) cabinets or modules.

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

(j) The sign face of a single face sign must be most nearly parallel to the street frontage to which it is adjacent. The sign faces of a multi-face sign must be most nearly perpendicular to the street frontage to which they are adjacent.

(k) A drive-in restaurant, when located on a lot with frontage on only one (1) street, shall be 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.

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

(Code 1972, § 118-95; Ord. No. 12, 1989, § 7, 2-21-89; Ord. No. 73, 1989, § 2, 4-18-89; Ord. No. 8, 1994, §§ 10—13, 2-15-94; Ord. No. 222, 1998, § 3, 12-15-98)

(a) Signs projecting over private property shall not project more than six (6) feet from the face of the building nor beyond the minimum required building setback for the district in which located. Such signs shall not exceed fifteen (15) square feet per face.

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

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 which are mounted on mansards or other 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.

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.

(a) No awning sign shall project above the top of the awning on which it is mounted. No awning sign shall project from the face of an awning. Awnings on which awning signs are mounted may extend over a public right-of-way no more than seven (7) feet from the face of a supporting 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.

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

(a) No election sign authorized by § 29-591(7) or 29-593(2) shall be allowed on a lot prior to sixty (60) days before an election day; and provided further that any person desiring an election sign to remain on a lot in any district for a longer period may apply to the Zoning Board of Appeals for a variance to extend the time period. The board shall determine, based upon factors other than agreement or disagreement with the contents of the particular election sign, whether there is sufficient reason for an extension of time and the exact amount of time to be extended, taking into consideration the purpose for which the sign was erected, whether or not that purpose would still be served by allowing the sign to remain on the lot for an additional period of time, and the appropriate amount of time necessary to effectuate that purpose. All election signs shall be removed within five (5) days after the election day.

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

(a) Flashing, moving, blinking, chasing or other animation effects are prohibited on all signs, except time and temperature signs.

(b) Illuminated signs shall avoid the concentration of illumination. The intensity of the light source shall not produce glare, the effect of which constitutes a traffic hazard or is otherwise detrimental to the public health, safety or welfare.

(c) Every electric sign shall have affixed thereon an approved Underwriters' Laboratories label, and all wiring connected to such sign shall comply with all provisions of the National Electrical Code, as adopted by the city.

Banners and pennants are allowed in any district, provided a permit is obtained from the Zoning Administrator. Any person shall be entitled to use banners or pennants for not more than twenty (20) days per calendar year. The Administrator shall issue a permit for the use of banners and pennants in locations which will not cause 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 applicant shall remove any banners and pennants erected pursuant to a permit on or before the expiration date. If any person erects any banners or pennants without receiving a permit, as herein provided, the person shall be ineligible to receive a permit, as herein provided, for the remainder of the calendar year.

(a) 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 Building Permits and Inspections Administrator shall inspect and shall have authority to order the painting, repair, alteration or removal of a sign which constitutes a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation or obsolescence.

(b) Signs shall be engineered to withstand a wind load of thirty (30) pounds per square foot, excepting, however, election signs authorized in §§ 29-591(7) and 29-593(2), and for sale and for rent signs authorized in §§ 29-591(3) and 29-593(3).

(Code 1972, § 118-97(G), (I); Ord. No. 12, 1989, § 9, 2-21-89; Ord. No. 8, 1994, § 18, 2-15-94)

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

(a) 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.

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

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

(d) No vehicle upon which a vehicle-mounted sign is affixed may be parked on any lot for the primary purpose of directing or attracting the 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.

(e) Banners displayed on vehicles shall be subject to the regulations contained in § 29-601 of this Article.

(f) 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.

(g) Vehicle-mounted signs which do not comply with the provisions of this Section shall be removed or made to conform by June 15, 1991.

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

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.

(a) 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.

(b) 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.

(c) 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.

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

Editor's note—Sections 29-621 and 29-622 were repealed by § 3 of Ord. No. 130, 1989, adopted Oct. 17, 1989. Section 29-621 was derived from Code 1972, § 99-1 and contained definitions and rules of construction; and § 29-622 provided for interpretation of the provisions of this article and was derived from Code 1972, § 99-2. All these provisions are now found in § 29-1.

No final plat of a subdivision shall be approved and accepted by the city unless it conforms to the provisions of this Article.

This Article shall be applicable to all lands located within the city. This Article shall not apply to any lots forming a part of a subdivision created and recorded prior to the effective date of the ordinance from which this Article was derived.

(a) All plats of a subdivision of land within the city shall be filed and recorded only after having been approved by the Planning and Zoning Board or, in the case of a minor subdivision, by the Director of Planning, 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 planned unit development (or part thereof) approved in accordance with the provisions of these Regulations, no building permit or certificate of occupancy shall be issued for any of the following and no person shall perform any of the following:

(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.

(Code 1972, § 99-3(B); Ord. No. 113, 1987, § 2, 8-4-87; Ord. No. 130, 1989, § 4, 10-17-89)

Cross reference—Functions of the Planning and Zoning Board, § 2-353, City Code.

The applicant must undertake and complete work within the public right-of-way of an approved final plan within three (3) years from the time of final approval. For the purposes of this Section, a final plan is complete once all engineering improvements (water, sewer, streets, curbs, gutters, street lights, fire hydrants and storm drainage) are installed and completed in accordance with city rules and regulations. Extensions for successive periods of six (6) months may be granted by the Director of Planning on the same basis as for nonphased developments. A request for extension of final approval under this Section must be submitted to the Director in writing by the applicant at least thirty (30) days prior to the date of expiration. Failure to submit a written request within the specified time period shall cause forfeiture of the right to extension of final approval. Failure to develop within the specified time limit shall cause forfeiture of the right to proceed under the final plan and require resubmission of all materials and reapproval of the same. All dedications as contained on the final plan shall remain valid unless vacated in accordance with law. The City Engineer reserves the right to require changes to the approved final plan as a condition to the granting of the extension.

(Code 1972, § 99-6(H); Ord. No. 3, 1988, § 15, 1-19-88; Ord. No. 222, 1998, § 3, 12-15-98)

(a) When permitted, the Planning and Zoning Board may authorize variances under this Article upon its finding that the following requirements in (1), (2) or (3) have been satisfied:

(1) That by reason of exceptional topographical, soil or other subsurface conditions or other conditions peculiar to the site, hardship would be caused to a subdivider by the strict application of any provisions of this Article. Such variances shall not be granted if it would be detrimental to the public good or impair the intent and purposes of this Article. The decision of the Planning and Zoning Board on any application for variance shall be set forth in writing in the minutes of the board.

(2) That by reason of exceptional conditions or difficulties with regard to solar orientation or access, hardship would be caused to a subdivider by the strict application of any provisions of this Article. Such variance shall not be granted if the same would be detrimental to the public good or impair the in-tent and purposes of this Article. The decision of the Planning and Zoning Board on any application for variance shall be set forth in writing in the minutes of the board.

(3) The applicant demonstrates that the plan as submitted is equal to or better than such plan incorporating the provision for which a variance is requested.

(b) The design standard specified in § 29-656 et seq., may be modified in the case of a Planned Unit Development authorized under § 29-526 et seq. A Planned Unit Development shall not be exempted from any of the other requirements of this Article except as set forth specifically in this Article.

On or before the first day of each calendar year, the Director of Planning shall establish, post and file with the City Clerk a schedule showing the regular monthly meeting dates of the Planning and Zoning Board for the ensuing year and the corresponding deadlines for the submittal of applications for approval of preliminary and final plats, which filing deadlines shall provide for a minimum of nine (9) weeks and a maximum of ten (10) weeks between the filing of a complete application and the hearing at which the application shall be considered.

(a) A subdivider shall confer with representatives of the planning office involved in serving the proposed subdivision. It shall be the responsibility of the Director of Planning to contact and invite appropriate departments to a joint meeting.

(b) At the conceptual review, the subdivider shall present to the Director of Planning a vicinity sketch map. Such vicinity sketch map shall be at a scale of one (1) inch equals six hundred (600) feet and shall show an area extending at least one-fourth (¼) mile in each direction beyond the boundaries of the proposed subdivision. Such vicinity sketch map shall show existing streets and highways, natural drainage courses and similar major natural or man-made features of the area. In addition, such map shall indicate the major uses of property in the area covered by the map, including residential, commercial, industrial and public uses.

(c) Following the conceptual review, the Director of Planning shall furnish the subdivider with his or her written comments concerning the conference, including appropriate recommendations to inform and assist the subdivider prior to preparing the components of the preliminary plat.

(a) Following the conceptual review and the submission of the vicinity sketch map, a subdivider shall present to the Director of Planning a preliminary plat of the area being subdivided.

(1) The subdivider shall provide the Director of Planning with twenty (20) copies of the preliminary plat. The Director shall, when appropriate, furnish the following agencies and offices with a copy of such plat for review and comments:

(2) Such offices and agencies shall advise the Director of Planning of any objections to the preliminary plat within fourteen (14) calendar days after receipt of same. Failure to object within such fourteen (14) days shall constitute approval by such office or agency.

(3) Applications for approval shall be submitted in accordance with the filing deadlines set forth in the schedule established by the Director of Planning pursuant to § 29-628 (hereafter "the Schedule"). After the Director of Planning has determined that the application is complete, the matter will be placed on the agenda for the appropriate meeting of the Planning and Zoning Board as established in the Schedule. At such meeting, the board shall review the preliminary plat and take final action, either approving, approving with conditions, disapproving or postponing for future consideration.

(4) In taking action on a preliminary plat, the Planning and Zoning Board shall consider any comments received from agencies or offices receiving copies of the preliminary plat.

(5) Approval of a preliminary plat shall be valid for a period of three (3) years. Within this three-year period, the applicant shall proceed by filing of a final plat with the Department of Planning. Upon written application, and for good cause, the Director of Planning may extend the preliminary approval period for two (2) successive six-month periods. Any additional six-month extensions shall be approved, if at all, only by the Planning and Zoning Board. A request for extension of preliminary approval must be submitted by the applicant at least thirty (30) days prior to the date of expiration. Failure to submit a written request within the specified time period shall cause forfeiture of the right to extension of preliminary approval. If no final plat is filed with the department within such time, the right to submit the final plat shall be forfeited.

(6) All preliminary plats shall be made at a scale of either one (1) inch equals fifty (50) feet or one (1) inch equals one hundred (100) feet and shall be on a reproducible medium of one (1) or more sheets with outer dimensions of twenty-four by thirty-six (24 x 36) inches and shall contain the following information:

b. Location and boundaries of the subdivision, tied to two (2) official United States Government monuments which form a single line;

c. The names and addresses of the subdivider and the engineer or surveyor preparing the plat;

f. The location and dimensions of all existing streets, alleys, easements and watercourses within and adjacent to the subdivision and the names of all such streets;

g. The location and dimensions for all proposed streets, alleys, easements, lot lines and areas to be reserved or dedicated for parks, schools or other public uses and the names of all such streets;

j. Land use breakdown, including the number of residential lots and typical lot sizes;

k. Proposed sites, if any, for multifamily residential use, business areas, industrial areas, churches or other nonpublic uses exclusive of single-family residential areas;

m. The names of abutting subdivisions or the names of the owners of abutting unplatted property;

n. The location and size of existing utilities within or adjacent to the subdivision;

o. The number and percentage of solar-oriented lots in the preliminary plat; and the proposed number and percentage of solar-oriented lots in each phase of development. Each solar-oriented lot shall be identified on the preliminary plat;

p. Such additional information as may be required by the Director of Planning in order to adequately describe proposed utilities systems, surface improvements or other construction projects contemplated within the area to be subdivided.

(7) If the preliminary plat does not include adjoining property in the same ownership, a development plat shall also be required which shall show the entire adjoining property owned by the developer and shall designate proposed land use, suggested street layout, major land forms and natural drainage courses. Twenty (20) copies of such development plat shall be provided. The scale for such development plan shall be the same as that required for a preliminary plat.

(Code 1972, § 99-4(B); Ord. No. 3, 1988, § 16, 1-19-88; Ord. No. 117, 1989, § 3, 8-15-89; Ord. No. 142, 1991, § 7, 12-17-91; Ord. No. 27, 1994, § 4, 3-15-94; Ord. No. 90, 1994, § 6, 6-21-94; Ord. No. 40, 1999, §2, 3-16-99)

(a) After approval of the preliminary plat, and within the time that such approval is still valid, the subdivider shall present the final plat to the Director of Planning. The subdivider shall supply the original signed final plat and twenty (20) copies to the Director.

(b) The Director of Planning shall review such final plat and shall furnish copies to the offices and agencies which reviewed the preliminary plat for their review and comments. Such offices and agencies shall advise the Director of any objections to such plat within fourteen (14) days after the receipt of the same, and failure to object within such period shall constitute approval by such office or agency.

(c) Applications for approval shall be submitted in accordance with the filing deadlines set forth in the schedule established by the Director of Planning pursuant to § 29-628 (hereafter "the Schedule"). After the Director of Planning has determined that the application is complete, the matter will be placed on the agenda for the earliest meeting of the Planning and Zoning Board as established in the Schedule. At such meeting, the board shall review the final plat and take final action, either approving, approving with conditions, disapproving or postponing for future consideration.

(d) After a final subdivision plat has been approved, the City Clerk shall cause the final plat to be recorded in the office of the county Clerk and Recorder.

(e) The final plat shall conform to the preliminary plat as approved, except that the final plat may constitute only a portion of the territory covered by the preliminary plat. The drawing shall be made at a scale of either one (1) inch equals fifty (50) feet or one (1) inch equals one hundred (100) feet by the use of India ink or other equally substantial solution on a reproducible medium of one (1) or more sheets with an outer dimension of twenty-four by thirty-six (24 x 36) inches. The final plat shall contain the following information:

(4) A complete description of primary control points to which all dimensions, angles, bearings and similar data on the plat shall be referred;

(5) The boundary lines of the subdivision, right-of-way lines of streets, easements and other rights-of-way, irrigation ditches and lot lines, with accurate bearings and distances;

(6) Designations of all streets and other rights-of-way, including dimensions and names of such streets;

(8) The number and percentage of solar-oriented lots in the final plat. Each solar-oriented lot shall be identified on the final plat;

(9) Identification of each lot or site by a number and designation of the area of each lot in square feet;

(10) The location and description of all monuments found or set in accordance with Section 38-51-101, C.R.S.;

(11) An acknowledgment in the manner of a deed by the owners and proprietors as set forth by Section 31-23-111, C.R.S., of the lands designated upon the plat before an officer authorized to take the acknowledgment of deeds;

(12) A statement by the owner dedicating streets, easements, rights-of-way and any sites for public uses;

(13) Certification by the surveyor or engineer as to the accuracy of the survey and plat;

(14) Appropriate space for the certification of approval by the Planning and Zoning Board;

(15) Appropriate space for the certification of approval by the City Engineer of a signed development agreement;

(16) Certification by an attorney licensed to practice law in the state that the "owners and proprietors" as defined in Section 31-23-111, C.R.S., have executed and acknowledged the plat in accordance with Section 31-23-104, C.R.S.

(Code 1972, § 99-4(C); Ord. No. 117, 1989, § 4, 8-15-89; Ord. No. 142, 1991, § 8, 12-17-91; Ord. No. 27, 1994, § 5, 3-15-94; Ord. No. 90, 1994, §§ 5[7], 8, 6-21-94; Ord. No. 222, 1998, § 3, 12-15-98)

(a) Purpose. The minor subdivision procedure may be used for subdivision of a parcel into not more than six (6) lots. A minor subdivision plat shall not be approved if the property is within a parcel, any part of which has been subdivided by a minor subdivision plat within the immediately preceding twelve (12) months. This Section shall be deemed to vest authority in the Director of Planning to review and approve, disapprove or approve with conditions, minor subdivisions qualifying hereunder, in lieu of Planning and Zoning Board review as authorized pursuant to § 2-353(4) of the City Code.

(1) The applicant for approval of a minor subdivision shall submit an application for the subdivision which shall contain such information as may be required by the Director of Planning and twenty (20) blue- or black-line prints on twenty-four by thirty-six inch (24" x 36") paper. The Director may require the submission of separate site and utility plans for the construction of any improvements required or proposed, together with a traffic study, drainage and grading plans and report for the site, and such other plans and documents as are necessary for a full and proper review of the application.

(2) The minor subdivision plat shall be prepared by a professional land surveyor licensed to practice in the state and shall be submitted with the application.

(3) A title block shall be located across the top of the plat and shall contain the following:

b. Location of the area to be subdivided by reference to U.S. survey, public land description or prior platted subdivision name;

d. Horizontal scale which shall be one hundred (100) feet to the inch or larger unless a smaller scale is approved by the Director of Planning;

e. Name and address of the owner(s), subdivider and proprietors (as defined by Colorado statutes) and the name and license number of the land surveyor or engineer.

(4) The plat shall include a vicinity map showing the area within one-half (½) mile of any part of the perimeter of the subdivision.

(5) A signature block shall be included on the plat with provision for the signature of the owners and proprietors of the property, surveyor, Director of Planning, City Engineer, City Clerk and certifying attorney.

(6) The Director of Planning may require the submission of separate site and utility plans for the construction of any improvements required or proposed, together with a traffic study, drainage and grading plans and report for the site, and such other plans and documents as are necessary for a full and proper review of the application. All such documents shall be submitted in accordance with the form as required by the city Development Manual.

(7) The applicant shall provide to the Planning Department a list of all affected property owners within a minimum of five hundred (500) feet of the proposed subdivision, exclusive of public right-of-way. This area of notification may be expanded beyond the five hundred (500) feet at the discretion of the Director of Planning. The list of affected property owners shall be prepared by the applicant and derived from the list of owners of real property as recorded with the Larimer County Assessor's Office.

(1) Upon receipt of a complete application, the Director of Planning shall distribute copies of the application or notice of the application to the affected municipal departments and utility companies. The Director of Planning shall also distribute a notice of the time, date and place of the hearing to all affected property owners within five hundred (500) feet of the property lines of the proposed subdivision, or within any expanded notification area as determined by the Director of Planning. The property proposed to be subdivided shall also be posted, giving notice to the general public of the proposed subdivision and of the hearing thereon. Such notices shall be disseminated and posted not less than seven (7) days in advance of the hearing on the proposed subdivision.

(2) The Director of Planning shall hold public hearings in his/her office at a reasonable time as determined by the Director of Planning, for the purpose of approving, disapproving or approving with conditions the proposed minor subdivision.

(3) If the Director of Planning determines that the subdivision as proposed may be detrimental to the public health, safety or welfare or does not qualify as a minor subdivision, or involves factors which should be reviewed by the Planning and Zoning Board, he/she shall treat the application as a standard submission and refer the subdivision to the Planning and Zoning Board, unless the applicant withdraws the application. Upon withdrawal, the applicant shall forfeit any application fees previously paid. If the applicant does not withdraw the application, the applicant shall pay such additional fees as may be required for processing plats under the standard preliminary and final plat procedures and shall receive credit for all fees paid pursuant to subsection (b)(2) of this Section.

(2) A right-of-way or easement dedicated as a part of a minor subdivision shall meet the dimensional and other requirements for rights-of-way set out in these Regulations and the design criteria and standards of the city for streets and utilities.

(e) Design standards and improvements. The design standards and construction requirements of these Regulations shall apply to all minor subdivisions. No minor subdivision may be approved until the plans are complete, the plat, landscape covenants (if applicable) and development agreement are executed by the developer and other necessary parties and such other documents as may be applicable to the subdivision have been submitted in proper form and fully executed.

(f) Survey, monumentation, plat execution. Minor subdivisions shall meet all requirements of the city and Colorado law regarding surveying, plat execution and monumentation.

(1) The Director of Planning shall, after hearing, approve the plat, disapprove the plat, approve the plat with conditions, or inform the applicant of his/her determination to treat the plat as a standard subdivision pursuant to subsection (c)(2) of this Section and request the applicant to advise, in writing, of its decision to either withdraw the application or process the application as a standard subdivision. Failure to take action in accordance with this Section does not constitute plat approval. The decision of the Director shall be given at the hearing and shall be final unless appealed to the Planning and Zoning Board, which appeal may be brought by any party-in-interest as defined in § 2-46 of the City Code, provided that such appeal is filed within seven (7) days of the final decision of the Director. Any such appeal shall be considered by the Planning and Zoning Board as a new hearing on the application, and all notice requirements for standard subdivisions shall be applicable to such appeal. No decision shall prevent the applicant from refiling an application for standard subdivision approval by the Planning and Zoning Board.

(2) Upon notification of plat approval, the applicant shall construct the required public improvements, complete required surveying and monumentation, make corrections to the plat and submit a black-line mylar reproducible plat of the subdivision on twenty-four by thirty-six inch (24" x 36") mylar.

(3) The Director of Planning shall sign the plat upon a determination that the subdivision and plat meets all the requirements of this Section. The Director shall retain a duplicate reproducible mylar copy of the plat furnished by the applicant. Upon approval of the minor subdivision, the original mylar shall be recorded by the city in the office of the county Clerk and Recorder, and a copy shall be filed with the City Clerk.

(h) Vacations and dedications of streets and easements. In the event that the minor subdivision process is used to resubdivide or replat a previously approved minor subdivision, and in the event that such resubdivision or replat shall include the vacation of streets, easements or other rights-of-way, the vacation of streets and alleys shall be accomplished by ordinance of the City Council as required by Colorado statutes. Vacation of all other easements and rights-of-way may be accomplished by approval of the resubdivision or replat by the Director of Planning, provided that such resubdivision or replat contains notation of such vacation. Dedications of streets, easements and/or other rights-of-way for minor subdivisions may be accepted by the Director of Planning or City Engineer on behalf of the city.

(Ord. No. 113, 1987, § 1, 8-4-87; Ord. No. 174, 1987, 11-3-87; Ord. No. 36, 1989, §§ 1—6, 4-4-89; Ord. No. 5, 1992, § 1, 2-4-92; Ord. No. 27, 1994, § 6, 3-15-94; Ord. No. 222, 1998, § 3, 12-15-98)

(a) Steep or unstable land and areas having inadequate drainage shall not be subdivided into building lots unless the subdivider makes adequate provisions to prevent the same from endangering life, health or other property.

(b) Any lands subject to flooding or any natural drainage channels shall not be platted as building lots unless adequate provisions to eliminate or control flood hazards in the subdivision or on other affected lands are made by the subdivider and approved by the City Engineer.

(c) If any part of a residential subdivision borders a railroad right-of-way, either a parallel street adjacent to said railway or a landscaped fifty-foot buffer strip adjacent to such railway shall be required or the lots adjacent to such right-of-way shall have a minimum depth of one hundred fifty (150) feet.

(d) Outstanding natural and cultural features such as scenic spots, watercourses and historic sites and buildings shall be preserved insofar as possible.

Cross references—Flood prevention and protection general standards applicable to subdivision proposals, § 10-52, City Code; landmark preservation, Ch. 14, City Code.

(a) Streets on a 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.

(b) 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 eighty (80) 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.

(c) Except as provided in (b) 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 adjacent land in which case a temporary turnaround easement at the end with a diameter of at least eighty (80) feet must be provided. Such turnaround easement shall not be required if no lots in the subdivision are dependent on such street for access.

(d) If residential lots in a subdivision are adjacent to an arterial street, no access for motor vehicles to individual lots from such arterial street shall be permitted. Lots adjacent to an arterial street shall have a minimum depth of one hundred fifty (150) feet. Reverse curves on arterial streets shall be joined by a tangent at least two hundred (200) feet in length.

(e) The subdivider will 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 except with the permission of the city and in any event only if the control of such strip is given to the city.

(f) Street right-of-way widths shall conform to the "Design and Construction Criteria, Standards and Specifications for Streets, Sidewalks, Alleys and Other Public Ways" as approved and amended by the City Council from time to time by ordinance or resolution.

(g) Alleys and other easements shall be controlled by the following requirements:

(1) Alleys in residential subdivisions shall be permitted when (a) the same are necessary and desirable to continue an existing pattern or (b) needed to allow access to residential properties having garages or other parking areas situated behind the principal structure if such principal structure is on a narrow residential local street;

(2) Alleys shall be provided in commercial and industrial areas unless other provisions are made and approved for service access;

(3) All alleys shall be constructed in conformance with the "Design and Construction Criteria, Standards and Specifications for Streets, Sidewalks, Alleys and Other Public Ways" as adopted by the City Council by ordinance or resolution;

(4) Easements, public and private, of such widths as necessary shall be provided on lots for utilities, public access, stormwater drainage or other public purposes as required and approved by the City Engineer;

(5) Pedestrian and bicycle paths shall be provided as deemed necessary by the City Traffic Engineer 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 "Design and Construction Criteria, Standards and Specifications for Streets, Sidewalks, Alleys and Other Public Ways" as adopted by the City Council by ordinance or resolution;

(6) 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.

(Code 1972, § 99-5(B); Ord. No. 125, 1986, 10-21-86; Ord. No. 65, 1994, 5-3-94; Ord. No. 97, 1996, §§5, 10, 7-16-96; Ord. No. 222, 1998, § 3, 12-15-98)

(a) All blocks in a subdivision shall have a length of at least four hundred (400) feet but not more than one thousand three hundred twenty (1,320) feet.

(b) No lot in a subdivision shall have less area than required under applicable zoning requirements of the city. Each lot shall provide 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. Side lot lines shall be substantially at right angles or radial to street lines.

(c) For all single- and two-family residential lots less than fifteen thousand (15,000) square feet in area in a subdivision not required to be approved as a planned unit development, sixty-five (65) percent of the lots shall conform to the definition of a "solar-oriented lot" in order to preserve the potential for solar energy usage. This provision shall not apply to lots approved pursuant to § 29-644, Minor Subdivisions, and to lots located in the R-F, Foothills Residential zone.

(a) A subdivider shall be required to dedicate rights-of-way for public streets, drainage easements and utility easements as needed to serve the area being platted. In cases where any part of an existing road is in the tract being subdivided, the subdivider shall dedicate such additional right-of-way as may be necessary to increase such roadway to the minimum width required under this Article for such street.

(b) Reservation of sites for flood control purposes and other municipal uses shall be mutually agreed upon between the subdivider and the Planning and Zoning Board.

(a) Before the Director of Planning certifies the acceptance of any final plat, the Director of Planning shall be notified by the City Engineer that the required improvements have been acceptably designed according to the City Design Criteria and Construction Standards.

(b) 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.

(c) 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 on the written request of the subdivider to the City Engineer.

At the time the plans, profiles and specifications required in § 29-676(b) are approved, the subdivider shall enter into an agreement providing for the installation of all improvements in the subdivision required by this Article. Such agreement shall establish and set forth the amount in which the city is to participate in the cost of construction of any collector or arterial street. No final subdivision plat shall be finally approved by the city or recorded until such agreement has been entered into. Such agreement shall further provide that the subdivider will fully account to the city for all costs incurred in the construction of any street in which the city is participating, and the books and records of the subdivider relating to such street shall be open to the city at all reasonable times for the purpose of auditing or verifying such costs.

The following improvements shall be required prior to the issuance of a building permit:

(1) Survey monuments. The subdivider shall provide survey monuments as required by Section 38-51-101, C.R.S.

(2) Sanitary sewers. The subdivider shall provide adequate lines and stubs to each lot as required by the current City Design Criteria and Construction Standards.

(3) Water mains. The subdivider shall provide adequate mains and stubs to each lot as required by the current City Design Criteria and Construction Standards.

(4) Fire hydrants. The subdivider shall provide sufficient fire hydrants as required according to the fire code.

(5) Stormwater drainage. The subdivider shall provide stormwater facilities and appurtenances as required by § 26-544 of the City Code and, where applicable, shall conform to § 10-37 of the City Code.

(6) Streets and alleys. All subdivisions must have access to an improved arterial street or to a street funded for improvement as an arterial street. Any subdivision which does not have adequate access to an improved arterial street or a planned arterial street is required to improve the impacted off-site streets as determined by the city to include, as a minimum, a thirty-six-foot-wide paved section on an adequate base for the ultimate design of the street as designated on the Master Street Plan or as determined by the City Engineer. A waiver to these requirements may be granted by the City Engineer when, in the City Engineer's determination, the existing arterial is in substantial compliance with the criteria for arterial streets. When any person constructs a street, alley or path through undeveloped areas or areas that may be redeveloped to serve the property or constructs such improvements along the perimeter of the property, the entire cost of such construction shall be the responsibility of such person. If, within twelve (12) months of the completion and acceptance by the city of such improvements, the developer installing such improvements has entered into a reimbursement agreement with the city in the manner prescribed by this Section, then, at the time such property is developed or redeveloped and access to such improvements is accomplished, by the city may collect a charge per front foot from the abutting developer prior to the issuance of any building permits for the abutting property; provided, however, that the city shall not attempt to make such collection until the reimbursement agreement is timely and properly prepared, executed and delivered to the city. If the front foot charge is collected, the city shall reimburse the installing 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 of street improvements must be fully paid by the installing 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 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." In no case shall the front foot charge reflect less than the original cost as submitted by the installing developer and approved by the City Engineer. The original cost of design and construction shall mean the cost of 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 installing developer shall be contingent upon the city's actual collection of the front foot charge from the abutting developer. In order to obtain approval of a reimbursement agreement from the city, the installing developer shall provide the City Engineer with copies of the following, after acceptance of the improvements:

a. An invoice from the installing developer's engineer for any fee assessed on the project;

b. The contractor's application for final payment approved by the installing developer's engineer;

c. A letter from the installing developer and/or contractor certifying that final payment has been received by the contractor;

d. A letter from the installing developer and/or engineer certifying that final payment of engineering fees has been made;

2. the name of the owner of each property which has frontage along the improvements;

3. the frontage of each property abutting the improvements, together with the assessment due based on the original costs;

5. 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

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/her obligations under any other reimbursement agreements with the city.

(7) Utilities (including, without limitation, communications, electric power, gas, water, sewer). Except as hereafter provided, all new and existing utility facilities shall be installed underground, and, if located in a street or alley, shall be in place prior to 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 permitted. New or existing overhead utility facilities that are electric transmission lines above forty (40) kilovolts nominal or are temporary in nature for the purpose of servicing construction or lands not developed to urban qualifications shall be permitted. Existing overhead utility facilities shall be permitted that:

a. Are capable of serving only territories anticipated to be annexed to the city in the future; or

b. 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

(Code 1972, § 99-6(B); Ord. No. 32, 1988, § 3, 3-15-88; Ord. No. 47, 1992, § 1, 4-21-92; Ord. No. 25, 1993, § 3, 3-16-93; Ord. No. 222, 1998, § 3, 12-15-98)

Sec. 29-679. Required improvements prior to issuance of certificate of occupancy.

(a) 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, he or she may be permitted to establish an escrow account in an amount acceptable to the city 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:

(1) Sidewalks. All sidewalks shall be installed as required by city specifications.

(2) Street signs. All street signs shall be installed as required by the Office of Development Services and shall conform to the Manual of Uniform Traffic Control Devices.

(3) Streets and alleys. All streets shall be paved with curbs and gutters installed. All alleys, where permitted, 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 subdivider shall improve residential streets to the full width and collector and arterial streets to one-half-width except as is otherwise provided hereinbelow, 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 (30) feet.

(4) Streetlights. All streetlights shall be installed as required according to city specifications.

(5) 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.

(6) Other. All other improvements required as a condition of approval of the plat shall be completed.

(b) Where applicable, the person requesting a certificate of occupancy shall be required to conform to the provisions of §§ 10-36 and 10-37 of the City Code by submitting a post construction floodproofing elevation certificate to the General Manager of Utility Services for the city's permanent records.

(Code 1972, § 99-6(C); Ord. No. 85, 1991, § 8, 7-16-91; Ord. No. 8, 1996, § 22, 2-20-96); Ord. No. 222, 1998, § 3, 12-15-98; Ord. No. 40, 1999, § 3, 3-16-99)

Cross references—Buildings and building regulations, Ch. 5; streets and sidewalks, Ch. 24; utilities, Ch. 26.

(a) If a street within or adjacent to the development is improved as an arterial or collector street rather than as a residential street, the City Engineer shall compute the extra expense caused by such streets being improved as an arterial or collector street and for traffic signalization when required because of collector or arterial status.

(b) 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 impact 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 § 24-118 of the City Code and costs of curbs, gutters or sidewalks exceeding residential standards.

(c) If the right to develop has been forfeited or has terminated pursuant to § 29-626 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 at the time of the termination.

*Cross references—Functions of the Planning and Zoning Board, § 2-353, City Code; College Addition Annexation, Appendix A, City Code.

* Cross references—Planning and Zoning Board, § 2-351 et seq., City Code; functions of the Planning and Zoning Board, § 2-353, City Code; Zoning Board of Appeals, § 2-441 et seq., City Code.

† Cross references—Planning and Zoning Board, § 2-351 et seq., City Code; functions of the Planning and Zoning Board, § 2-353, City Code; Zoning Board of Appeals, § 2-441 et seq., City Code.

* Editor's note—Sections 1—4 of Ord. No. 111, 1991, adopted Oct. 1, 1991, added new Subdivisions D, G, I and Q to Division 3 of Article III herein. As directed by said ordinance, all affected subdivisions have been relettered as herein set out. Designated section numbers have remained the same as they were before the adoption of said ordinance.

* Cross references—Mobile homes, Ch. 18, City Code; mobile homes and mobile offices may be occupied in location conforming to zoning regulations, § 18-12, City Code; sign regulations, § 29-592.

* Cross references—Mobile homes, Ch. 18, City Code; mobile homes and mobile offices may be occupied in location conforming to zoning regulations, § 18-12, City Code; sign regulations, § 29-592.

* Cross references—A mobile home or mobile office may be occupied in location conforming to zoning regulations, § 18-12, City Code; sign regulations, § 29-593.

* Cross references—Minimum pasture required for horses and ponies, § 4-72, City Code; limitation on number of household pets established, § 4-116, City Code.

* Cross references—Parking Commission, § 2-321 et seq., City Code; vehicles and traffic, Ch. 28, City Code.

* Cross references—Buildings and building regulations, Ch. 5, City Code; signs over streets and sidewalks prohibited, § 24-1, City Code.

* Cross references—Appeals from decisions of the Planning and Zoning Board, § 2-46 et seq., City Code; the Director of the Office of Community Planning and Environmental Services shall be in charge of the engineering and architectural services required by the city, § 2-506, City Code; buildings and building regulations, Ch. 5, City Code; registration and notification service for solar energy systems, § 5-1, City Code; Uniform Code for the Abatement of Dangerous Buildings adopted, § 5-46, City Code; license required for cement sidewalk, driveway, curb or gutter installations, § 15-361, City Code; mobile home park utilities and fire protection, § 18-7, City Code; miscellaneous mobile home park requirements, § 18-11, City Code.

* Cross references—Public improvements, Ch. 22, City Code; public property, Ch. 23, City Code; streets and sidewalks, Ch. 24, City Code; utilities, Ch. 26, City Code.

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)
R-E, R-F	3	2,000	8	1,500
R-L, N-C-L	3	1,500	8	1,500
R-M, N-C-M	6	750	15	1,000
R-H, N-C-B,
B-G, H-C, B-C	6	500	20	700

	Minimum average width 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	5	5

Number of bedrooms per dwelling unit	Parking spaces per dwelling unit
1 or less	1.5
2	1.75
3	2.0
4 and above	2.5

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.
Neighborhood convenience shopping center	Primary - 40 s.f.	Primary - 1	Primary - 8 ft.
Neighborhood service center	Primary - 55 s.f. Secondary - 32 s.f.	Primary - 1 Secondary - 1	Primary - 10 ft. Secondary - 6 ft.

Use	Maximum letter height	Maximum logo height	Maximum cabinet height
Auto-related and roadside commercial and business service uses	12"	18"	18"
Neighborhood convenience shopping center	18"	24"	24"
Neighborhood service center	24"*	30"*	30"*

Caretaker's children not attending full-day school	Maximum number of day-care children permitted at anyone time
6	0
5	1
4	2
3	3
2	4
1	5
0	6

Caretaker's school-age children under age 12	Additional school-age day-care children permitted during nonschool times
0	2
1	1
2 or more	0

	Sight Distance Triangle Setbacks
Type of Street (feet)	Y distances (feet)	X distances (feet)	Safe sight distances (feet)
Arterial	Right 135 Left 270	15	500
Collector	Right 120 Left 220	15	400
Local	Right 100 Left 150	15	300

Requirements for Freestanding Signs
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
35 and more	18	90

Requirements for Ground Signs
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