HomeMy WebLinkAbout06/20/2024 - Planning and Zoning Commission - AGENDA - Regular MeetingPlanning and Zoning Commission Page 1 June 20, 2024
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Regular Hearing
June 20, 2024
6:00 PM
Julie Stackhouse, Chair City Council Chambers - City Hall West
Adam Sass, Vice Chair 300 Laporte Avenue
Russell Connelly Fort Collins, Colorado
David Katz
Shirley Peel Virtual (Zoom or Telephone)
Ted Shepard Cablecast on FCTV Channel 14 on Connexion &
York Channels 14 & 881 on Comcast
Planning and Zoning Commission
Hearing Agenda
Participation for this hybrid Planning and Zoning Commission meeting will be available online, by phone, or in
person.
Public Participation (In Person): Individuals who wish to address the Planning & Zoning Commission in person may
attend the meeting located in City Council Chambers at City Hall, 300 Laporte Ave.
Public Participation (Online): Individuals who wish to address the Planning & Zoning Commission via remote
public participation can do so through Zoom at https://fcgov.zoom.us/j/95750856063. Individuals participating
in the Zoom session should also watch the meeting through that site.
The meeting will be available to join beginning at 5:45 p.m. on June 20, 2024. Participants should try to sign in
prior to 6:00 p.m. if possible. For public comments, the Chair will ask participants to click the “Raise Hand” button
to indicate you would like to speak at that time. Staff will moderate the Zoom session to ensure all participants
have an opportunity to address the Commission.
(Continued on next page)
Packet pg. 1
Planning and Zoning Commission Page 2 June 20, 2024
• ROLL CALL
• AGENDA REVIEW
• PUBLIC PARTICIPATION
Individuals may comment on items not specifically scheduled on the hearing agenda, as follows:
• Those who wish to speak are asked to sign in at the podium if they are in person
• The presiding officer will determine and announce the length of time allowed for each speaker.
• Each speaker should state their name and address and keep their comments to the allotted time.
• Any written materials should be provided to the Secretary for record-keeping purposes.
• In person participates will hear a timer beep once and the time light will turn to yellow to indicate that
30 seconds of speaking time remains and will beep again and turn red when a speaker’s time to speak
has ended.
• CONSENT AGENDA
The Consent Agenda is intended to allow the Planning and Zoning Commission to quickly resolve items that
are non-controversial. Staff recommends approval of the Consent Agenda. Anyone may request that an
item on this agenda be “pulled” for consideration within the Discussion Agenda, which will provide a full
presentation of the item being considered. Items remaining on the Consent Agenda will be approved by the
Planning and Zoning Commission with one vote.
The Consent Agenda generally consists of Commission Minutes for approval, items with no perceived
controversy, and routine administrative actions.
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public comments, the Chair will ask participants to click the “Raise Hand” button to indicate you would like to speak
at that time – phone participants will need to hit *9 to do this. Staff will be moderating the Zoom session to ensure
all participants have an opportunity to address the Committee. Once you join the meeting: keep yourself on muted
status. If you have any technical difficulties during the hearing, please email smanno@fcgov.com.
Documents to Share: If residents wish to share a document or presentation, City Staff needs to receive those
materials via email by 24 hours before the meeting. Please email any documents to smanno@fcgov.com.
Individuals uncomfortable or unable to access the Zoom platform or unable to participate by phone are encouraged
to participate by emailing general public comments you may have to smanno@fcgov.com . Staff will ensure the
Commission receives your comments. If you have specific comments on any of the discussion items scheduled,
please make that clear in the subject line of the email and send 24 hours prior to the meeting.
As adopted by City Council Ordinance 143, 2022, a determination has been made by the chair after consultation
with the City staff liaison that conducting the hearing using remote technology would be prudent.
Packet pg. 2
Planning and Zoning Commission Page 3 June 20, 2024
No items listed for consent.
• DISCUSSION AGENDA
1. Amending the Land Use Code Related to Occupancy
PROJECT
DESCRIPTION:
This is a request to approve the proposed occupancy ordinances related to
compliance with House Bill 24-1007, Residential Occupancy Limits.
APPLICANT: City of Fort Collins
300 Laporte Ave
Fort Collins, CO 80524
STAFF ASSIGNED: Sylvia Tatman-Burruss, Sr. Project Manager
• OTHER BUSINESS
• ADJOURNMENT
Packet pg. 3
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
June 18, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Sylvia Tatman-Burruss, Senior Policy and Project Manager
Ginny Sawyer, Lead Policy and Project Manager
SUBJECT
Items Relating to Residential Occupancy Ordinance.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 081, 2024, Amending the Land Use Code of the City of Fort Collins to
Remove Residential Occupancy Limitations.
B. First Reading of Ordinance No. 082, 2024, Amending the City Code to Conform with the Removal of
Residential Occupancy Limitations From the Land Use Code.
The purpose of this item is to consider adoption of changes to the City’s Land Used Code and Municipal
Code to comply with House Bill 24-1007, which prohibits residential occupancy limits based on familial
relationship.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The current version of the City’s occupancy ordinance limits occupancy of residential dwellings to a family
of any size plus one additional unrelated occupant, or to no more than three unrelated occupants. Active
enforcement began in 2005 when violation of the ordinance was classified as a civil infraction.
The State legislature recently passed House Bill 24-1007, and it was signed into law by the Governor of
Colorado in April, with an effective date of July 1, 2024.
HB24-1007 Prohibits Residential Occupancy Limits Based on Familial Relationship
HB24-1007 limits the regulation of occupancy based “only on demonstrated health and safety standards,
such as International Building Code standards, fire code regulations, or Colorado Department of Public
Health and Environment Wastewater and Water Quality standards.”
In addition, the bill states that, “A local government shall not limit the number of people who may live
together in a single dwelling based on familial relationship.” The Bill states an effective date of July 1, 2024.
Packet pg. 4
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
City Compliance
Occupancy and related regulations are currently in both the Land Use Code and in the Municipal Code.
Staff is prepared to bring ordinances amending these in compliance with the July 1, 2024, compliance
deadline.
Proposed amendments to the Land Use Code include:
• Replacing the word “family” with the word “unit” throughout the document.
• Removing Occupancy section 3.8.16 and any references to that section of the document.
• Removing references to Group Homes, associated requirements, and removing the definition from the
document.
• Removing references to “Extra Occupancy.”
Proposed amendments to the Municipal Code include:
• Section 5-264 related to Extra Occupancy in single-family, two-family or multi-family dwellings.
• Section 5-265 related to disclosure and posting of maximum permissible occupancy.
• Section 20-111 definition of “Dwelling unit occupancy limits” and reference to 3.8.16 in the Land Use
Code.
• Sections 14-3, 14-6, and 14-8 of the Historic Preservation provisions to replace “family” with “unit” and
to update the dwelling unit definition to match the Land Use Code.
• Sections 15-641, 15-644, 15-646, and 15-648 of the Short Term Rental provisions to replace “family”
with “unit” and to update the reference to the short term rental parking requirements in the Land Use
Code.
CITY FINANCIAL IMPACTS
No financial impacts to the City are anticipated as a result of these changes.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
Staff presented the proposed changes to the Planning and Zoning Commission at their May work session.
Staff will again present the proposed changes, seeking a recommendation, at the June hearing on June
20, 2024.
PUBLIC OUTREACH
Staff have already begun auditing fcgov.com for references to occupancy which will need to be removed
and will add updated language and FAQs. Additional awareness efforts include:
• Edits to City web pages to reflect changes related to HB24-1007.
• Press release, social media posts and other City communications regarding the change to the
Occupancy regulations.
ATTACHMENTS
1. Ordinance A for Consideration
2. Ordinance B for Consideration
3. Presentation
Packet pg. 5
-1-
ORDINANCE NO. 081, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE LAND USE CODE OF THE CITY OF FORT COLLINS
TO REMOVE RESIDENTIAL OCCUPANCY LIMITATIONS
A. Pursuant to Ordinance 055, 2024, Council adopted the revised Land Use
Code by reference which went into effect on May 27, 2024.
B. The Land Use Code contains certain residential occupancy limits based
upon familial relationships.
C. Colorado House Bill 24-1007, effective July 1, 2024, prohibits the City from
limiting who may live together in a single dwelling based on familial relationship.
D. In order for the City to comply with House Bill 24-1007, the existing Land
Use Code residential occupancy limits based upon familial relationships must be
amended as set forth in this Ordinance.
E. On June 20, 2024, the Planning and Zoning Commission on a
unanimous/__ to __ voted to/not to recommend that Council adopt the proposed
changes set forth in this Ordinance.
F. Concurrently by separate ordinance, City Code references to residential
occupancy limits based upon familial relationships are also being amended.
G. This Ordinance amends the Land Use Code which was adopted by
reference in Ordinance 055, 2024. However, the amendments contained in this
Ordinance are set forth in their entirety herein, rather than adopted by reference.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. ARTICLE 2 ZONE DISTRICTS, DIVISION 2.1 RESIDENTIAL
DISTRICTS, Section 2.1.4, RL - Low Density Residential District, DEVELOPMENT
STANDARDS, BUILDING ENVELOPE, Building Height Table is hereby amended to read
as follows:
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Section 2. ARTICLE 2 ZONE DISTRICTS, DIVISION 2.2 MIXED-USE
DISTRICTS, Section 2.2.1, LMN – Low Density Mixed-Use Neighborhood District,
DEVELOPMENT STANDARDS, BUILDING MASS & SCALE, BUILDING MASS table,
Variation in Massing is hereby amended to read as follows:
. . .
Variation in Massing includes:
. . .
Dividing large facades and walls into human-scaled proportions similar to the
adjacent single – or two-familyunit dwellings.
. . .
Section 3. ARTICLE 2 ZONE DISTRICTS, DIVISION 2.2 MIXED-USE
DISTRICTS, Section 2.2.2, MMN – Medium Density Mixed-Use Neighborhood District,
DEVELOPMENT STANDARDS, BUILDING MASS & SCALE , BUILDING MASS table,
Variation in Massing is hereby amended as follows:
. . .
Variation in Massing includes:
. . .
Dividing large facades and walls into human-scaled proportions similar to the
adjacent single – or two-familyunit dwellings.
. . .
Section 4. ARTICLE 2 ZONE DISTRICTS, DIVISION 2.2 MIXED-USE
DISTRICTS, Section 2.2.3, HMN – High Density Mixed-Use Neighborhood District,
DEVELOPMENT STANDARDS, BUILDING MASS & SCALE, Building Mass table,
Variation in Massing is hereby amended to read as follows:
. . .
Variation in Massing includes:
. . .
Dividing large facades and walls into human-scaled proportions similar to the
adjacent single – or two-familyunit dwellings.
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. . .
Section 5. ARTICLE 2 ZONE DISTRICTS, DIVISION 2.2 MIXED-USE
DISTRICTS, Section 2.2.4, NC – Neighborhood Commercial District, DEVELOPMENT
STANDARDS, BLOCK STRUCTURE is hereby amended to read as follows:
. . .
BLOCK STRUCTURE
Each development within this District shall be developed as a series of complete blocks
bounded by public or private streets (see Section 5.3.2(E) for Multi-FamilyUnit Block
Requirements). Natural areas, irrigation ditches, high -voltage power lines, operating
railroad tracks and other similar substantial physical features may form up to two (2) sides
of a block.
. . .
Section 6. ARTICLE 2 ZONE DISTRICTS, DIVISION 2.3 COMMERCIAL
DISTRICTS, Section 2.3.1, CC - Community Commercial District, DEVELOPMENT
STANDARDS, BLOCK STRUCTURE is hereby amended as follows:
. . .
BLOCK STRUCTURE
Each Community Commercial District and each development within t his District shall be
developed as a series of complete blocks bounded by public or private streets (see
Section 5.3.2(E) for Multi-FamilyUnit Block Requirements). Natural areas, irrigation
ditches, high-voltage power lines, operating railroad tracks and other similar substantial
physical features may form up to two (2) sides of a block.
. . .
Section 7. ARTICLE 2 ZONE DISTRICTS, DIVISION 2.3 COMMERCIAL
DISTRICTS, Section 2.3.6, CL - Limited Commercial District, DEVELOPMENT
STANDARDS, BUILDING STANDARDS, Variation in Massing is hereby amended as
follows:
. . .
Variation in Massing includes:
. . .
Dividing large facades and walls into human-scaled proportions similar to the
adjacent single- or two-familyunit dwellings
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. . .
Section 8. ARTICLE 3 BUILDING TYPES, DIVISION 3.1 RESIDENTIAL
BUILDING TYPES, Section 3.1.2 Apartment Building, MASSING is hereby amended as
follows:
. . .
Dividing large façades and walls into human-scaled proportions similar to the
adjacent single- or two-familyunit dwellings shall not have repetitive, monotonous
undifferentiated wall planes.
. . .
Section 9. ARTICLE 4 USE STANDARDS, DIVISION 4.2 TABLE OF PRIMARY
USES is hereby amended to delete the references to Extra-Occupancy Houses and
Group Homes to read as follows:
. . .
Section 10. ARTICLE 4 USE STANDARDS, DIVISION 4.3 ADDITIONAL USE
STANDARDS, Section 4.3.1 RESIDENTIAL USES, is hereby amended by the deletion of
Subparagraphs (C) and (F) and all remaining Subparagraphs renumbered as follows:
. . .
(C) Extra Occupancy Unit
(1) One (1) occupant per three hundred fifty (350) square feet of habitable floor
space, in addition to a minimum of four hundred (400) square feet of habitable
floor space if owner-occupied.
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(a) In the LMN Zone district no more than twenty-five (25) percent of the
parcels on a block face may be approved for extra occupancy use.
(b) In the CS zone district such use shall not be allowed within two hundred (200)
feet of North College Avenue.
. . .
(D)(C) Family Care Homes consist of one or more of the following:
. . .
(E)(D) Fraternity/Sorority Houses shall mean residences housing students attending
an accredited institution of higher learning within the City.
. . .
(F) Group Home is allowed in the following zone districts:
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)
UE 3 2,000 8 1,500
RL, OT-A, HC, E,
RF, MH 3 1,500 8 1,500
LMN, OT-B,
RDR
6 750 15 1,000
OT-C, D, CS,
CCN, MMN,
HMN, NC, CG,
CC, CL, CCR
6
500
20
700
(1) All Group Homes are required to be setback at least 200 feet from North College Avenue.
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(2) The minimum separation distance required between group homes that are located
in different zone districts shall be the one that requires the greatest distance.
(3) The decision maker may determine a higher maximum number of residents to
be allowed to occupy the facility upon finding that the facility as so occupied
will satisfy the following criteria:
(a) The adjacent street system is sufficient to accommodate the traffic impacts
generated by the group care facility;
(b) the group care facility has made adequate, on-site accommodations for its
parking needs;
(c) the architectural design of the group care facility is compatible with the
character of the surrounding neighborhood;
(d) the architectural design of the group care facility is compatible with the
character of the surrounding neighborhood;
(e) the size and scale of the group care facility is compatible with the character of
the surrounding neighborhood; and
(f) the types of treatment activities or the rendering of services proposed to be
conducted upon the premises are substantially consistent with the activities
permitted in the zone district in which the facility is proposed to be located.
(4) Regardless of the level of review:
(a) The decision maker shall conduct such review for the purpose of approving,
denying or approving with conditions the application for a group home use in
such zone. If approved, the decision maker shall, with such approval, establish
the type of group home permitted and the maximum number of residents
allowed in such group home.
(b) A group home may be located without consideration to the minimum
separation requirements as established in the table above if the group home
is separated from other group homes within the area of the aforesaid minimum
separation requirement by a substantial natural or man-made physical barrier,
including, but not limited to, an arterial street, a state or federal highway,
railroad tracks, river or commercial/business district. Such reduction in the
separation requirement shall be allowed only after the decision maker has
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determined that the barrier and resulting separation distance are adequate to
protect the City from any detrimental impacts resulting from an excessive
concentration of group homes in any one (1) vicinity.
(c) 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.
(d) If active and continuous operations are not carried on in a group home which
was approved pursuant to the provisions contained in this Section for a period
of twelve (12) consecutive months, the group home use shall be considered
to have been abandoned. The group home use can be reinstated only after
obtaining a new approval from the decision maker as outlined in this Section.
(e) Shelters for victims of domestic violence shall be separated from any other
group home or shelter by a minimum of one thousand five hundred (1,500)
feet.
(f) Please see Section 6.1.5 for information regarding Reasonable
Accommodations.
(G)(E) Home Occupations
. . .
(H)(F) Manufactured Housing
. . .
(I)(G) Mixed Use Dwelling Unit
. . .
(J)(H) Multi-Unit Dwelling Unit
. . .
(K)(I) Single Unit Detached Dwelling
. . .
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(L)(J) Single Unit Attached Dwelling
. . .
(M)(K) Shelter for victims of Domestic Violence
. . .
(N)(L) Short Term Rentals
. . .
(O)(M) Two Unit Dwelling
. . .
(P)(N) Secondary Uses
. . .
Section 11. ARTICLE 4 USE STANDARDS, DIVISION 4.3 ADDITIONAL USE
STANDARDS, Section 4.3.5 ACCESSORY/MISCELLANEOUS USES, subparagraph
(H)(1)(b) Wireless Communication is hereby amended to read as follows:
(H) WIRELESS COMMUNICATION
(1) Applicability and Exemptions. The provisions of this Section shall apply to
any Wireless Communications Facility (WCF) within the City. The requirements
set forth in this Section shall not apply to:
. . .
(b) Television or radio antennas. Those antennas, including over the air
reception devices, located on single unitfamily dwellings or duplexes,
not exceeding one (1) meter in diameter and less than five (5) feet
above the highest point of the existing principal structure, or for
ground mounted antennas, the requirement that the height be no more
than the distance from its base to the property line or the maximum
height specified for accessory structures for that zone district,
whichever is less. The Director has the authority to approve
modifications to the height restriction related to over the air reception
device antennas and antenna structures, if in the reasonable discretion
of the City, modifications are necessary to comply with federal law.
. . .
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Section 12. ARTICLE 5 General Development and Site Design, TABLE OF
CONTENTS, DIVISION 5.14 OCCUPANCY LIMITS is hereby amended to read as
follows:
DIVISION 5.14 OCCUPANCY LIMITSRESERVED
5.14.1 Occupancy limits; increasing the number of persons allowed
Section 13. ARTICLE 5 General Development and Site Design, DIVISION 5.2
AFFORDABLE HOUSING, Section 5.2.1 AFFORDABLE HOUSING is hereby amended
to read as follows:
5.2.1 AFFORDABLE HOUSING
. . .
(B) Applicability. This Section shall apply to the following development projects:
. . .
(3) Section 5.2 does not apply to group homes, dormitories, medical facilities, hotels,
motels, shelters, tents, short-term rentals or other structures designed or used
primarily for temporary occupancy and/or group living.
. . .
Section 14. Use Categories “Group Homes” and “Extra Occupancy” contained in
ARTICLE 5 General Development and Site Design, DIVISION 5.9 BUILDING
PLACEMENT AND SITE DESIGN, Section 5.9.1(C)(4)(c) are hereby deleted.
5.9.1 ACCESS, CIRCULATION AND PARKING
. . .
(C) Development Standards. All developments shall meet the following standards:
. . .
(4) Bicycle Facilities. Commercial, industrial, civic, employment and multi-unit
residential uses shall provide bicycle facilities to meet the following standards:
. . .
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(c) Minimum Bicycle Requirements Table:
Use Categories Bicycle Parking Space Minimums %Enclosed Bicycle Parking/ %
Fixed Bicycle Racks
Residential and Institutional Parking Requirements
. . .
Group Homes No Requirement n/a
. . .
Extra Occupancy 1 per occupant 0%/100%
. . .
. . .
Section 15. ARTICLE 5 General Development and Site Design, DIVISION 5.9
BUILDING PLACEMENT AND SITE DESIGN, Section 5.9.1(D)(2) is hereby amended to
read as follows:
5.9.1 ACCESS, CIRCULATION AND PARKING
. . .
(D) Access and Parking Lot Requirements. All vehicular use areas in any proposed
development shall be designed to be safe efficient, convenient and attractive,
considering use by all modes of transportation that will use the system, (inc luding,
without limitation, cars, trucks, buses, bicycles and emergency vehicles).
. . .
(2) Access. Unobstructed vehicular access to and from a public street shall be
provided for all off-street parking spaces. Vehicular access shall be provided in such
manner as to protect the safety of persons using such access or traveling in the public
street from which such access is obtained and, in such manner, as to protect the
traffic-carrying capacity of the public street from which such access is obtained.
Notwithstanding the forgoing required off -street parking for both an ADU and extra
occupancy use are is allowed one (1) tandem space to count towards minimum
parking requirement.
. . .
Section 16. ARTICLE 5 General Development and Site Design, DIVISION 5.9
BUILDING PLACEMENT AND SITE DESIGN, Section 5.9.1(K)(1) is hereby amended by
the deletion of subparagraph (h) Group Homes and subparagraph (l) Extra Occupancy
and all subparagraphs being renumbered accordingly:
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5.9.1 ACCESS, CIRCULATION AND PARKING
. . .
(K) Parking Lots – Required of Off-Street Spaces for Type of Use.
(1) Residential and Institutional Parking Requirements. Residential and
institutional uses shall provide a minimum number of parking spaces as defined by
the standards below:
. . .
(h) Group Homes. For each group home there shall be two (2) parking spaces for
every three (3) employees, and in addition, one (1) parking space for each four (4)
adult residents, unless residents are prohibited from owning or operating personal
automobiles.
. . .
(i)(h) Recreational Uses.
. . .
(j)(i) Schools, Places of Worship or Assembly and Child Care Centers.
. . .
(k)(j) Small Scale Reception Centers in the UE, Urban Estate District.
. . .
(l) Extra Occupancy. For each extra occupancy, there shall be 0.75 (¾) parking
space per occupant, rounded up to the nearest whole parking space. If the lot
upon which such parking spaces are to be situated has more than sixty-five (65)
feet of street frontage length on any one (1) street or abuts an alley, then each
such parking space shall have direct access to the abutting street or alley and shall
be unobstructed by any other parking space. If such lot has less than sixty -five
(65) feet of street frontage length on any one (1) street and does not abut an alley,
then one (1) of the required parking spaces may be aligned in a manner that does
not provide direct access to the abutting street.
. . .
(m)(k) Short Term non-primary rentals and short term primary rentals.
. . .
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Section 17. ARTICLE 5 General Development and Site Design, DIVISION 5.14
OCCUPANCY LIMITS is hereby deleted in its entirety and replaced with the following:
DIVISION 5.14 RESERVED
Section 18. ARTICLE 5 General Development and Site Design, DIVISION 5.16
SIGNS, Section 15.16.2 PERMANENT SIGNS, Section 5.16.2(D) Projecting Signs is
hereby amended to read as follows:
DIVISION 5.16 SIGNS
. . .
15.16.2 PERMANENT SIGNS
. . .
(D) Projecting Signs. Projecting signs include awning signs, marquee signs, under-
canopy signs, and fin signs. Projecting signs are allowed according to the
standards in Table (D), Projecting Signs. Projecting signs shall not extend into
the public right-of-way, except that the City may grant a revocable license to allow
projecting signs to encroach into the right-of-way.
Table (D)
Projecting Signs
Type of
Sign
Standards
Sign District
Outside of Residential Neighborhood Sign District1
Downtown Commerical/
Industrial
Mixed-Use Multi-Unit Single-Unit Within
Residential
Neighborhood
Sign District1
. . .
Fin Signs (Primary)
Max. # 1 per street
frontage per
nonresidential
mixed-use, or
multifamilyunit
building.
1 per street
frontage per
nonresidential
mixed-use, or
multifamilyunit
building.
1 per street
frontage per
nonresidential
mixed-use, or
multifamilyunit
building.
1 per street
frontage per
nonresidential
mixed-use, or
multifamilyunit
building.
1 per street
frontage per
nonresidential
mixed-use, or
multifamilyunit
building.
1 per street
frontage per
nonresidential
mixed-use, or
multifamilyunit
building.
Subject to
Sign Area
Allowance
Yes.
Yes.
Yes, but only
for
nonresidential,
mixed-use, or
multifamilyunit
buildings.
Yes, but only
for
nonresidential,
mixed-use, or
multifamilyunit
buildings.
Yes, but only
for
nonresidential,
mixed-use, or
multifamilyunit
buildings.
Yes.
. . .
. . .
Section 19. Article 5 General Development and Site Design, DIVISION 5.16
SIGNS, Section 15.16.2 PERMANENT SIGNS, Section 5.16.2(G) Freestanding
Permanent Signs is hereby amended to read as follows:
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DIVISION 5.16 SIGNS
. . .
15.16.2 PERMANENT SIGNS
. . .
(G) Freestanding Permanent Signs. Detached permanent signs are allowed according
to the standards in Table (G)(1), Freestanding Permanent Signs.
Table (G)(1)
Freestanding Permanent Signs
Sign District
Outside of Residential Neighborhood Sign District1
Type of
Sign
Standa
rds
Downtown Commercial/
Industrial
Mixed-Use Multi-Unit Single-Unit Within
Residential
Neighborhood
Sign District1
Primary Detached Signs
Max. # 1 per frontage1 1 per frontage1 1 per frontage
for
nonresidential,
mixed-use, or
multi-unit
property.1
1 per site for
nonresidential,
mixed-use, or
multi-unit
uses1; 1 per
site for single-
unit detached
or duplex if the
lot fronts on an
arterial; 2 per
public
vehicular entry
into residential
subdivision or
multifamilyunit
site (one single
face sign on
each side of
entry).
1 per site for
nonresidential,
mixed-use, or
multi-unit
uses1; 1 per
site for single-
unit detached
or duplex if the
lot fronts on an
arterial; 2 per
public
vehicular entry
into residential
subdivision or
multifamilyunit
site (one single
face sign on
each side of
entry).
1 per site for
nonresidential,
mixed-use, or
multi-unit uses1;
2 per public
vehicular entry
into residential
subdivision or
multifamilyunit
site (one single
face sign on
each side of
entry).
. . .
Secondary Detached Signs
Max. # 1 per vehicular
access point to
nonresidential,
mixed-use, or
multifamilyunit
property.
1 per vehicular
access point to
nonresidential,
mixed-use, or
multifamilyunit
property.
1 per vehicular
access point to
nonresidential,
mixed-use, or
multifamilyunit
property.
1 per vehicular
access point to
nonresidential,
mixed-use, or
multifamilyunit
property.
1 per vehicular
access point to
nonresidential,
mixed-use, or
multifamilyunit
property.
1 per vehicular
access point to
nonresidential,
mixed-use, or
multifamilyunit
property.
. . .
. . .
Section 20. Article 6, ADMINISTRATION and PROCEDURE, DIVISION 6.3
COMMON DEVELOPMENT REVIEW PROCEDURES FOR DEVELOPMENT
APPLICATIONS, Section 6.3.6 STEP 6: NOTICE, subparagraph (D) Supplemental
Notice Requirements is hereby amended to read as follows:
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DIVISION 6.3 COMMON DEVELOPMENT REVIEW PROCEDURES FOR
DEVELOPMENT APPLICATIONS
. . .
6.3.6 STEP 6: NOTICE
. . .
(D) Supplemental Notice Requirements. The following table indicates the required
notice radius for a mailed notice and posted sign size for development applications.
Development Project Minimum Notice Radius Sign Size
. . .
Developments proposing more
than fifty (50) and less than one
hundred (100) single familyunit or
two familyunit lots or dwelling
units.
800 feet 12 square feet
Developments proposing more
than twenty-five (25) and less
than one hundred (100) multi-
familyunit dwelling units.
800 feet 12 square feet
. . .
Developments proposing one
hundred (100) or more single-
familyunit or two-familyunit lots or
dwelling units.
1,000 feet 12 square feet
Developments proposing one
hundred (100) or more multi-
familyunit dwelling units.
1,000 feet 12 square feet
. . .
. . .
Section 21. Article 6, ADMINISTRATION and PROCEDURE, DIVISION 6.22
EXPANSIONS AND ENLARGEMENTS OF EXISTING BUILDINGS, Section 6.22.1(C)
Expansions and Enlargements of Single-Family Dwellings, Two-Family Dwellings and
Accessory Buildings is hereby amended to read as follows:
DIVISION 6.22 EXPANSIONS AND ENLARGEMENTS OF EXISTING BUILDINGS
6.22.1 EXPANSIONS AND ENLARGEMENTS OF EXISTING BUILDINGS
. . .
(C) Expansions and Enlargements of Single-FamilyUnit Dwellings, Two-
FamilyUnit Dwellings and Accessory Buildings. Any proposal for the
enlargement or expansion of a single-unit dwelling, two-unit dwelling or
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accessory building shall be subject to Building Permit review in a ccordance
with standards of this code.
Section 22. ARTICLE 7 RULES OF MEASUREMENT and DEFINITIONS,
DIVISION 7.2 DEFINITION, SECTION 7.2.2 DEFINITIONS is hereby amended by the
deletion of the definitions of “Extra occupancy”, “Family”, and “Group home”.
. . .
DIVISION 7.2 DEFINITION
. . .
SECTION 7.2.2. DEFINITIONS.
. . .
Extra occupancy shall mean the use of a building or portion of a building by a number of
occupants that exceeds the occupancy limits set forth in 5.14.1.
. . .
Family shall mean any number of persons who are all related by blood, marriage,
adoption, guardianship or other duly authorized custodial relationship, and who live
together as a single housekeeping unit and share
common living, sleeping, cooking and eating facilities.
. . .
Group home shall mean either of the following:
(A) Residential group home shall mean a residence operated as a single dwelling,
licensed by or operated by a governmental agency, or by an organization that is
as equally qualified as a government agency and having a demonstrated
capacity for oversight as determined by the Director, for the purpose of providing
special care or rehabilitation due to homelessness, physical condition or illness,
mental condition or illness, elderly age or socia l, behavioral or disciplinary
problems, provided that authorized supervisory personnel are present on the
premises.
(B) Large group care facility shall mean a residential facility that is planned,
organized, operated and maintained to offer facilities and services to a specified
population and is licensed by or operated by a governmental agency, or by an
organization that is as equally qualified as a government agency and having a
demonstrated capacity for oversight as determined by the Director, for the
purpose of providing special care or rehabilitation due to homelessness, physical
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condition or illness, mental condition o r illness, elderly age or social, behavioral
or disciplinary problems, provided that authorized supervisory personnel are
present on the premises.
Section 23. ARTICLE 7 RULES OF MEASUREMENT and DEFINITIONS,
DIVISION 7.2 DEFINITION, SECTION 7.2.2 DEFINITIONS is hereby amended to read
as follows:
. . .
DIVISION 7.2 DEFINITION
. . .
SECTION 7.2.2. DEFINITIONS.
. . .
Occupant, in relation to extra occupancy and in other parts of this Code, shall mean a
person who occupies habitable space in a dwelling unit or any portion thereof.
. . .
Site specific development plan shall mean and be limited to a final plan as approved
pursuant to this Land Use Code, including a plan approved pursuant to basic
development review; or, under prior law in effect on the day before the effective date of
this Land Use Code, any of the following: the final plan; the final subdivision plat; a
minor subdivision plat; cluster development plans; group home review; a PUD
Comprehensive Plan for the purpose of acquiring a veste d property right with respect to
uses, densities, development standards and engineering standards for which variances
have been granted pursuant to Section 2.6.3(K); and a development agreement in
connection with a PUD Comprehensive Plan that grants a vested property right for a
period exceeding three (3) years, in addition, a site specific development plan shall mean
a final plan or plat that was approved by Larimer County for property that, at the time of
approval, was located in the county but has been subsequently annexed into the city. All
references to districts or sections herein pertain to the law in effect on the day before the
effective date of this Land Use Code and which is repealed by the adoption of this Land
Use Code.
. . .
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Introduced, considered favorably on first reading on June 18, 2024, and approved
on second reading for final passage on July 2, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: July 12, 2024
Approving Attorney: Brad Yatabe
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June 18, 2024Sylvia Tatman-Burruss, Senior Policy and Project Manager
Ginny Sawyer, Lead Policy and Project Manager
Brad Yatabe, Managing Attorney
City Council Regular Meeting
Residential Occupancy Ordinance
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2
House Bill 24-1007 Residential Occupancy Limits
Purpose
The purpose of this item is to consider adoption of changes to the City’s Land Use
Code and Municipal Code to comply with House Bill 24-1007, which prohibits
residential occupancy limits based on familial relationship.
Bill language:
“A local government shall not limit the number of people who may live together in a single
dwelling based on familial relationship. Local governments retain the authority to implement
residential occupancy limits based only on:
(a) Demonstrated health and safety standards, such as international building code
standards, fire code regulations, or Colorado Department of Public Health and
Environment Wastewater and Water Quality Standards, OR
(b) Local, State, Federal, or Political Subdivision Affordable Housing Program Guidelines.”
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3
Background
The City’s occupancy ordinance limits occupancy of residential dwellings to a family of any
size plus one additional unrelated occupant OR no more than three unrelated occupants.
Active enforcement of the ordinance (Section 3.8.16 of the Land Use Code, also called
”U+2“) began in 2005.
The State legislature recently passed House Bill 24-1007, and it was signed into law by the
Governor of Colorado in April, with an effective date of July 1, 2024.
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4
City Compliance
Proposed amendments to the Land Use Code include:
• Replacing the word “family” with the word “unit” throughout the document.
• Removing Occupancy section 3.8.16 and any references to that section of the document.
• Removing references to Group Homes, associated requirements, and removing the definition from the
document.
• Removing references to “Extra Occupancy.”
Proposed amendments to the Municipal Code include:
• Section 5-264 related to Extra Occupancy in single-family, two-family or multi-family dwellings.
• Section 5-265 related to disclosure and posting of maximum permissible occupancy.
• Section 20-111 definition of “Dwelling unit occupancy limits” and reference to 3.8.16 in the Land Use Code.
• Sections 14-3, 14-6, and 14-8 of the Historic Preservation provisions to replace “family” with “unit” and to
update the dwelling unit definition to match the Land Use Code.
• Sections 15-641, 15-644, 15-646, and 15-648 of the Short Term Rental provisions to replace “family” with
“unit” and to update the reference to the short term rental parking requirements in the Land Use Code.
Compliance required by July 1, 2024.
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5
Does Council wish to adopt Ordinance Nos. 081, 2024, and 082, 2024,
for the proposed Land Use Code updates on First Reading?
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Headline Copy Goes Here
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