HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/16/2010 - ITEMS RELATING TO OCCUPANCY LIMITS DATE: February 16, 2010
STAFF: Steve Dush _
Beth Sowder
Items Relating to Occupancy Limits.
A. First Reading of Ordinance No. 015, 2010,Amending Sections of the Land Use Code Relating to Occupancy
Limits.
B. First Reading of Ordinance No. 016, 2010,Amending Section 5-265 of the City Code Relating to Occupancy
Disclosure Statements.
EXECUTIVE SUMMARY
In 2005, City Council adopted significant changes to the City Code and the Land Use Code for the purpose of
establishing new occupancy regulations that are understandable,fair,and enforceable. This was accomplished in part
by redefining the make-up of the types of groups or individuals that can live together in a dwelling unit and by
establishing ways in which the number of persons allowed to live together can be increased.
It has recently come to City staffs attention that the current regulations do not meet Council's original intentfor limiting
the occupancy of dwelling units. The proposed Land Use Code changes address this problem by clarifying the
regulation and adding a"host family"category as another acceptable way to increase the numberof occupants allowed
in a dwelling unit, and by changing the definition of"family' so that it no longer includes an individual living alone.
In addition, the disclosure statement requirement related to occupancy limits has been revised to ensure that the
statement is truthful, is provided by the property owner or manager to the tenants at the time of lease signing, and is
readily available when requested by the City.
BACKGROUND / DISCUSSION
At the October 27, 2009 Council Work Session regarding the Occupancy Ordinance Two-Year Review and Policy
Discussion, Council directed staff to bring the following three items back to them for further consideration (See
Attachment 1):
1. Redefine the Occupancy Limit—Further define and clarify changes to the occupancy limit in order to:
a. Clarify the definition to meet Council's original intent.
b. Provide an option to allow a permit to be issued for "host families" to temporarily house one or more
additional persons as long as certain criteria are met.
2. Zoning Option 1 —Further explore adding Extra Occupancy Rental Houses(EORH)as a permitted use in the
Neighborhood Conservation Medium-density(NCM)zone.
3. Rental Registration and Rental Licensing — Staff will provide Council with research and background
information regarding rental registration and rental licensing.
This agenda item focuses on item#1 above. Item#2 is scheduled to be discussed at the Council work session on
April 27, 2010, and item #3 was prepared and provided to Council in December 2009.
The original intent of the 2005 occupancy ordinance was to allow for both a family and a group that is the functional
equivalent of a family to have only one additional person living with them. It was not intended to allow for such groups
to have two additional people.
February 16, 2010 -2- ITEM 24
The current regulation states that the maximum occupancy allowed per dwelling unit is:
(1) one(1)family as defined in Section 5.1.2 and not more than one (1) additional person; or
(2) two (2) adults and their dependents, if any, and not more than one (1) additional person.
Family is defined as an individual living alone or 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.
After close examination of the current regulation, it appears that the second part of the regulation would allow a family
to house two additional people instead of just one. For example, one spouse could be considered as a dependent
of the other spouse, meaning a husband and wife in this scenario would only count as one of the two adults allowed.
They could then have one other adult and dependents, if any, plus one additional person.
This interpretation of the regulation is not consistent with the original intent of the ordinance,which was to allow both
a family and a group that is the functional equivalent of a family to have only one additional person.
At the October 27, 2009 City Council work session (see Attachment 1), Council directed staff to process an
amendment to the current occupancy regulation that would be consistent with the original intent. Council also
expressed interest in an exception to allow for a second additional person in situations where the increased occupancy
would not likely cause neighborhood problems,such as a family wanting to provide temporary housing to missionaries,
exchange students, etc.
Ordinance No. 015, 2010,Amending Sections of the Land Use Code Relating to Occupancy Limits.
These Council objectives can be accomplished by amending the Land Use Code language in section 3.8.16 (A),
adding a new Section (3)to Section 3.8.16(E), and amending the definition of Family in Section 5.1.2 as follows:
1. Amend Section 3.8.16, maximum occupancy allowed per dwelling unit, to read as follows:
(1) one (1)family as defined in Section 5.1.2 and not more than one (1) additional person; or
(2) two(2)adults who do not constitute a family and their dependents, if any, and not more than one(1)
additional person.
2. Add Section 3.8.16(E) to increase the occupancy limit for host families. With respect to single-family,
owner-occupied dwellings, the number of persons allowed under this section may be increased to allow
one additional person by the issuance of a"host family permit' provided that the following conditions are
met:
(a) Adequate off-street parking is available to accommodate the additional occupant;
(b) There have been no violations of Chapters 17 or 20 of the Code of the City or Section 3.8.16
of the Land Use Code at the premises for which the permit is sought within the twelve (12)
months immediately preceding the date of the application for the permit; and
(c) At least two(2) months have elapsed since the issuance of any previous host family permit
for the same premises.
Host family permits would be valid for ten (10) months from the date of issuance; provided,
however,that in the event that the Municipal Judge or Municipal Court Referee determine,during
the term of any such permit, that a violation of Chapters 17 or 20 of the Code of the City or
Section 3.8.16 of the Land Use Code has occurred at the premises for which the permit was
issued, the permit may be revoked.
A fee of$25 would be charged by the City for the host family permit in order to cover the costs of
processing the application, which would be payable at the time of application.
February 16, 2010 -3- ITEM 24
3. Amend the definition of family in Section 5.1.2 of the Land Use Code to remove"an individual living alone'.
The definition would then read as follows:
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.
Ordinance No.016,2010,Amending Section 5-265(c)of the City Code Relating to Occupancy Disclosure Statements.
Additionally, to address concerns expressed about the accuracy and accessibility of the required "disclosure
statements,"staff recommends amending Section 5.265(c)to require that all disclosure statements be notarized and
made available at the premises. Since this change would be new to property owners and managers, staff suggests
a two month period for public education prior to implementation. This public education process will consist of a letter
to all landlords and property management companies that the City is currently aware of. The letter will explain the
policy change,when it will take effect,and that from that date forward all disclosure statements must be notarized and
available at the premises.
FINANCIAL IMPACT
A$25 fee will be charged by the City to the property owner for the host family permit in order to cover the costs of
processing the application.
SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS
Staff does not expect these Code amendments to have any economic or environmental impacts.
The social impacts include preserving single-family neighborhoods by ensuring that the Code is consistent with Council
intent of limiting the occupancy of dwelling units, and by allowing a process for host families to house a second adult
in situations where the increased occupancy would not likely cause neighborhood problems.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
BOARD/COMMISSION RECOMMENDATION
The Planning and Zoning Board has recommend approval(5-0)of the Land Use Code Amendments that are intended
to clarify the occupancy limit regulations in Section 3.8.16 and the definition of family in Section 5.1.2 with a change
that a host family permit be available for a ten-month period of time rather than the nine months in the staff report.
Staff adjusted the host family permit to be available for a ten-month period as recommended by the Planning and
Zoning Board.
PUBLIC OUTREACH
The Occupancy Ordinance Stakeholder Committee was informed of the recommended changes to the Land Use Code
being proposed to Council. The representative from the Church of Jesus Christ of Latter-day Saints provided the
following feedback:
February 16, 2010 -4- ITEM 24
• Provide an exception rather than a permit process so that the host family does not have an added expense
for their charitable intent.
• Do not limit the permit to ten months and do not require two months between permits. Allow the exception
or permit indefinitely unless adequate parking is not provided or violations occur at the premises.
• There is concern that a family cannot host others in need in exigent circumstances (families displaced due
to unemployment, financial reversals, or natural disasters). So long as there is adequate parking and no
violations, charitable families should be allowed to help others without the burden and expense of a permit
process.
Staff has discussed some of these concerns and contends that an increased occupancy exception for host families
needs to be clearly defined and temporary. The permit process with a nominal fee allows host families to house an
additional person while clearly identifying conditions and time limits so that single-family neighborhoods have less
potential to be negatively impacted.
If Council chooses to adopt the amendments to the disclosure statement requirements,staff intends to conduct a two-
month public education process. This education will be primarily directed toward landlords and property managers
since they will be required to notarize the document and make it available at the premises; however, education to
tenants will also be conducted. Staff recommends the implementation date of this amendment to be May 1, 2010.
ATTACHMENTS
1. Work Session Summary—October 27, 2009
2. Planning and Zoning Board Minutes—January 21, 2010
3. PowerPoint presentation
Attachment 1
Planning, Development& Transportation Services
Ci+�Of Community Development s Neighborhood Services
1 281 North College Avenue
Box 50
/ Fort Collins Fort Colli s8 CO 80522.0580
970.224.6046
970.224.6050-fax
fcgov.com
Memorandum
Date: October 28,2009
To: Mayor and City Council Members
Thru: Darin Atteberry, City Manager
Diane Jones,Deputy City Manager
Jeff Scheick, PDT Director
Steve Dush,Community Development&Neighborhood Services Director
From: Beth Sowder,Neighborhood Services Manager
Re: Work Session Summary—October 27,2009 re: Occupancy Ordinance Two-Year
Review and Policy Discussion
The Mayor and all Council Members except Aislinn Kottwitz were present.Diane Jones,Deputy
City Manager,introduced the topic,and Beth Sowder,Neighborhood Services Manager,
presented an overview of the Occupancy Ordinance history,two-year review data, occupancy
limit definition,potential zoning options,outreach conducted and feedback received. Peter
Barnes,Zoning Administrator,was present to assist with questions.
Council directed staff to bring the following three items back to them for further consideration:
1. Redefine the Occupancy Limit—Staff will further define and clarify changes to the
occupancy limit in order to:
a. Clarify the definition to meet Council's original intent.
b. Provide an option to allow a permit to be issued for"host families"to temporarily
house one or more additional persons as long as certain criteria are met.
Staff will also need to consider and present Council with the potential unanticipated
consequences of this proposed amendment.
2. Zoning Option 1 -Add Extra Occupancy Rental House (EORH) as permitted use in the
Neighborhood Conservation Medium-density(NCM)zone. Staff will further develop
this option and bring Council more information about how this could be done,how to
notify all residents within the zone,and the timeline for doing this.
3. Rental Registration and Rental Licensing—Staff will provide Council with research and
background information provided to the previous Council regarding rental registration
and rental licensing. In addition, staff will provide some updated information about best
practices currently implemented around the country. Council is also interested in
information about cost at varying levels of service and feedback from communities who
have registration or licensing programs. Council will then provide direction and
determine if they would like to further consider rental registration and/or licensing.
Council's final comments included general agreement that the current Occupancy Ordinance is
working well,enforcement should continue,and improvements should be sought. Council
expressed that the Corona Economic&Market Impact Study and the Occupancy Ordinance and
Zoning data was helpful. They also appreciated receiving citizen feedback.
r
ATTACHMENT 2
Planning and Zoning Board
Excerpt from minutes
January 21, 2010
Member Schmidt moved to approve item# 1 December 10, 2009 minutes of the Planning
and Zoning Board Hearing,#2 Proposed Amendments to the City Structure Pla
and Zoning for Phase Three of the Southwest Enclave Annexation, an
Centerpoint Plaza Use Addition—Major Amendment,#37-09. r Lingle seconded
the motion. The motion was approved 5:0.
Discussion Agenda:
3. Land Use Cc endment to Section 3.8.16—Occupancy Limits
5. O orporate Headquarters Project Development Plan, #35-09
Project: Land Use Code Amend to Section 3.8.16—Occupancy Limits
Project Description: This is a request for a Recommendation to City Council regarding Land
Use Code amendments intended to clarify the occupancy limit regulations
in Section 3.8.16 and the definition of Family in Section 5.1.2
Recommendation: Approval
Hearing Testimony, Written Comments and Other Evidence
The City Council adopted significant changes to the Municipal Code and the Land Use Code in
2005 for the purpose of establishing new occupancy regulations#hat are understandable, fair,
and enforceable. This was:accomplished in partby redefining the make-up of the types of
groups or individuals that can live together in a dwelling unit and by establishing ways in which
the number of persons:allowed to live together can be increased.
It has recently come to City attention that the current regulations do not meet Council's
original intent for limiting the occupancy of dwelling units. The proposed Land Use Code
changes address this problem by closing a loophole, by adding a "host family" category as
another acceptable way to.increase the number of occupants allowed in a dwelling unit, and by
changing.the definition of Family.
Director of Community Development and Neighborhood Services Steve Dush said he believed
that Member Lingle wanted to clarify the discussion we had at the work session related to the
duration of the guest permit.. Under Section 3.8.16 (c)the proposed language says the guest
permit is valid for 9 months. It was recommended that it be modified to 10 months to
accommodate foreign students whose stay may be more than 9 months.
Board Questions:
Member Schmidt asked if staff preferred we recommend that change as a part of the motion or
is that just an understanding that the recommendation to City Council will read 10 months.
Director Dush said if it's the Board's desire to have it changed, he would recommend a motion.
Public Input:
None
2
Member Schmidt made a motion the Planning &Zoning Board recommend to City
Council the approval of the Land Use Code Amendments intended to clarify the
occupancy limit regulations in Section 3.8.16 and the definition of family In Section 5.1.2
with a change that a host family permit be available for a 10 month period of time not the
9 months listed In the Staff Report. Member Lingle seconded the motion.
The motion was approved 5:0.
Project: Otter Box Corporate Headquarters Project Development Plan(PDP),
#35-09
Project Description: This is a request for an office building to be located at 209 S Meldrum
Street. This site is in the Neighborhood.Conservation Buffer(NCB) Zone
District. The existing 1.5 story building its approximately 14,000 square
feet and the proposed addition is 3 stories with 37,949 square feet a e
grade and 6,230 square feet at the basement level, for 6 total sq
footage of 44,179. The addition will prese/parking
e ' ing
parking spaces and the applicant plans toearby
private parking facilities. The proposed u office use
with structural additions in the NCB zone
Recommendation: Approval
Hearina Testimony,Written Comments and Other Evidence
Planner Emma McArdle said at the neighborhood meeting,a' ghbor mentioned they were
concerned about setbacks for this building. She told them y would be required to do a
modification of standards but, in fact, they did not need odification of standards because
they requested a contextual setback which was appr d by staff.
Applicant Presentation
Stu McMillen from Everitt/McMilien Develop . nt.said they are available if there are any Board
questions.
Public.Input:
David May, President and CEO of e.Fort Collins Area Chamber of Commerce, said they own
the property immediately to the uth of this property. Two things he'd like to address tonight--
first and foremost/erstands
they do su A this project. This is exactly the kind of project they'd like to
downtown:: They ar _. ery pleased to see Otter Box as a new neighbor.
cond item is h� inks they need zoning standards for parking so every chance he gets
e to mentio a parking needs of this area. At one point the applicant was considering
Parking S ices to eliminate the two hour parking on the west side of Meldrum. May
ey woul Ike to make sure that does not happen. He said they've been in that location
years d they have enough on-site parking for their employees but when they have
gs when the public is there, they need the on street parking spots.
erstands from talking to staff that they meet the zoning requirement. He does, however,
go on record as saying they do support the project and they would not like to see the
l of two hour marking on the west side of Meldrum near the Chamber of Commerce.
3
ATTACHMENT 3
Occupancy Limit Regulations
Proposed Amendments
City Council Meeting
February 16 , 2010
Steve Dush , Community Development & Neighborhood
Services Director
Beth Sowder , Neighborhood Services Manager
F�t`
Collins
bill
Subject
Proposal to amend the Land Use Code occupancy
regulations in Section 3 . 8 . 16 and the definition of
Family in Section 5 . 1 . 2 to :
• Clarify the occupancy limit regulations to meet
Council ' s original intent
• Allow a permit process for a host family to
house one additional person
Fort Collins
1
Subject Con ' t
• Additional Disclosure Statement requirements :
. Notarized
. Copy kept at the premises and available when
requested
F�t`
Collins
Background
Council made amendments to the Occupancy
Ordinance in 2005 with the intent to :
• Allow a family plus one additional person
• Allow functional equivalent of a family plus one
additional person
It was not intended to allow for such groups to have two
additional people .
City of
Fort Collins
2
Current Regulation
1 ) One ( 1 ) family as defined in Section 5 . 1 . 2* and not more than
one ( 1 ) additional person ; or
2 ) Two (2 ) adults and their dependents , if any , and not more than
one ( 1 ) additional person .
*Family shall mean an individual living alone or 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.
CRY of
rt�ins
is
Interpretation
Section (2 ) would allow a family to house two additional
people instead of just one ( not consistent with the
intent) .
Example : One spouse could be considered as a
dependent of the other spouse , and they can have
one other adult and dependents , if any , plus one
additional person .
Fort Collins
3
October 27 , 2009 Council Work Session
Council directed staff to :
• amend to the occupancy limit to be consistent with
the original intent
• Allow for a permit process for a host family to house
one additional person
F�t` ollins
bw
Amend Section 3 . 8 . 16 (A)
To clarify the regulation to meet Council ' s intent the
code could be amended as follows :
1 ) One ( 1 ) family as defined in Section 5 . 1 . 2 and not
more than one ( 1 ) additional person ; or
2 ) Two (2 ) adults who do not constitute a family , and
their dependents , if any , and not more than one ( 1 )
additional person .
City of
Fort Collins
big
Amend Family Definition
Amend definition of family, so an individual living alone
is not considered a family.
Proposed definition :
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 .
F�t`
Collins
Permit to Increase Limit
Add Section 3 . 8 . 16 ( E ) Increasing the Occupancy Limit
- Single -family , owner-occupied dwellings - the number
of persons allowed may be increased to allow one
additional person by the issuance of a " host family
permit" .
City of
Fort Collins
s
Permit Criteria
The permit can be issued only if:
• Adequate off-street parking is available
• No violations of Chapters 17 or 20 of the Code of the
City or Section 3 . 8 . 16 of the Fort Collins Land Use
Code at the residence during the previous 12 months
• At least two ( 2 ) months have elapsed since the
issuance of any previous host family permit
F�t` ollins
Permit Duration
• Permits will be valid for ten ( 10 ) months
• Permits may be revoked if a violation of Chapters 17
or 20 of the Code or Section 3 . 8 . 16 of the Land Use
Code has occurred at the premises during the
permitted period
• Fee charged to cover processing costs - $ 25
City of
Fort Collins
6
Disclosure Statement
• Staff recommends amending the requirement to add
that Disclosure Statements :
— Be notarized
— Available at the premises
• Staff recommends a 2 - month education period prior
to implementation of this requirement .
F�t`
Collins
Social Impacts
• Preserving single -family neighborhoods by :
— Ensuring that the code is consistent with Council
intent of limiting occupancy
— Allowing process for host family permits where
increased occupancy would not likely cause
neighborhood problems
City of
Fortes
7
Staff Recommendation
Staff recommends adoption of the Ordinances on First
Reading .
F�t`
Collins
Board Recommendation
January 21 , 2010 — The Planning & Zoning Board
approved recommending the Land Use Code
amendments intending to clarify the occupancy limit
regulations and definition of family with a change that
a host family permit be available for a 10 month
period of time .
City of
Fortes
8
Public Outreach
• Occupancy Ordinance Stakeholder Committee —
informed of the recommended changes .
• Latter- Day Saints Church representative feedback :
— Make it an exception rather than a permit process
— Allow the exception or permit indefinitely as long
as criteria are met
— Concerned that a family cannot host others in
need in exigent circumstances
Fort` Collins
blL� mod
Staff Response to Concerns
• The increased occupancy exception for host families
needs to be clearly defined and temporary .
• The permit process allows host families an additional
person while clearly identifying criteria and time
limits .
• Clear criteria and time limits are necessary so that
single -family neighborhoods have less potential to be
negatively impacted .
City of
Fort Collins
9
Public Education
Disclosure Statement Requirements :
• Letter to landlords and property managers explaining :
— Notary requirement
— Copy at premises requirement
— Effective date — May 1 , 2010
— From that date forward all disclosure statements
must be notarized and available at the premises
I i Fo of
rt Collins
Next Steps
March 2 , 2010 — 2nd Reading
March 12 , 2010 — Implementation of Occupancy Limit
amendments and Host Family permit
March 2 — May 1 , 2010 — Education period for
Disclosure Statement requirements
May 1 , 2010 — Implementation of Disclosure Statement
requirements
1
`rt Collins
10
Questions ?
For Collins
Ulm
11
ORDINANCE NO, 015 , 2010
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE LAND USE CODE RELATING TO
OCCUPANCY LIMITS
WHEREAS , on March 18 , 1997, by Ordinance No . 051 , 1997, the City Council adopted the
Fort Collins Land Use Code (the "LUC") ; and
WHEREAS , at the time of the adoption of the LUC, it was the understanding of staff and
Council that the LUC would most likely be subject to future amendments, not only for the purpose
of clarification and correction of errors, but also for the purpose of ensuring that the LUC remains
a dynamic document capable of responding to issues identified by staff, other land use professionals
and citizens of the City; and
WHEREAS , in 2005 , City Council adopted significant changes to the City Code and the
LUC to establish new occupancy regulations to address concerns regarding occupancy in single-
family dwelling units in the City; and
WHEREAS , City staff has discovered that the occupancy regulations need clarification to
meet City Council ' s original intent, which was to allow for both a family and a group that is the
functional equivalent of a family to have only one additional person living with them; and
WHEREAS , the City Council also desires to amend the definition of "family" in the LUC
so that it no longer includes an individual living alone; and
WHEREAS , the City Council believes it would be in the best interests of the City to allow
an additional means by which a family could increase the occupancy in single-family dwellings to
accommodate up to two, temporary guests through a "host family" permit process; and
WHEREAS , the Planning and Zoning Board has recommended approval of the proposed
amendments to the LUC ; and
WHEREAS , the City Council has determined that the Land Use Code amendments which
have been proposed are in the best interests of the City and its citizens .
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Land Use Code is hereby amended as follows :
Section 1 . That the definition of "Family" contained in Section 5 . 1 .2 of the Land Use
Code is hereby amended to read as follows :
Family shall mean an individual living alone or 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.
Section 1 . That Section 3 . 8 . 16 of the Land Use Code is hereby amended to read as
follows :
3 . 8 . 16 Occupancy Limits ; Increasing the Number of Persons Allowed
(A) Except as provided in subsection (B) below, or pursuant to a certificate of
occupancy issued by the city to the owner of the property, the maximum
occupancy allowed per dwelling unit in a single-family, two-family or multi-
family dwelling shall be either:
( 1 ) one ( 1 ) family as defined in Section 5 . 1 .2 and not more than one ( 1 )
additional person; or
(2) two (2) adults who do not constitute a family and their dependents,
if any, and not more than one ( 1 ) additional person.
(E) Increasing the Occupancy Limit.
( 1 ) With respect to single-family and two-family dwellings, the number
of persons allowed under this Section may be increased by the
issuance of a certificate of occupancy for use as an extra occupancy
rental house in zones allowing such use.
(2) With respect to multiple-family dwellings, the decision maker
(depending on the type of review, Type 1 or Type 2) may, upon
receipt of a written request from the applicant and upon a finding that
all applicable criteria of this Land Use Code have been satisfied,
increase the number of unrelated persons who may reside in
individual dwelling units . The decision maker shall not increase said
number unless satisfied that that the applicant has provided such
additional open space, recreational areas, parking areas and public
facilities as are necessary to adequately serve the occupants of the
development and to protect the adjacent neighborhood.
(3 ) With respect to single-family, owner occupied dwellings, the number
of persons allowed under this Section may be increased to allow one
( 1 ) additional person by the issuance of a "host family permit"
provided that the following conditions are met:
(a) Adequate off- street parking is available to accommodate the
additional occupant;
(b) There have been no violations of Chapters 17 or 20 of the
City Code or Section 3 . 18 . 16 of the Land Use Code at the
-2-
premises for which the permit is sought within the twelve
( 12) months immediately preceding the date of the
application for the permit; and
(c) At least two (2) months have elapsed since the issuance of
any previous host family permit for the same premises .
(4) Host family permits shall be valid for ten ( 10) months from the date
of issuance ; provided, however, that in the event that the Municipal
Judge or Municipal Court Referee determine, during the term of any
such permit, that a violation of Chapters 17 or 20 of the City Code or
Section 3 . 8 . 16 of the Land Use Code has occurred at the premises for
which the permit was issued, the permit may be revoked. The City
may charge a twenty-five dollar ($25 ) permit fee, or any greater
amount not to exceed the costs of processing the application, which
shall be payable at the time of application for the host family permit.
Introduced, considered favorably on first reading, and ordered published this 16th day of
February, A.D . 2010, and to be presented for final passage on the 2nd day of March, A. D . 2010 ,
Mayor
ATTEST :
City Clerk
Passed and adopted on final reading on the 2nd day of March, A.D . 2010 .
Mayor
ATTEST :
City Clerk
-3 -
ORDINANCE NO . 016, 2010
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 5 -265 OF THE CODE OF THE CITY OF FORT COLLINS
RELATING TO OCCUPANCY DISCLOSURE STATEMENTS
WHEREAS , residential rental housing in the City can be subject to overcrowding which can
lead to a decline in neighborhood quality of life, neighborhood appearance and the value of real
estate ; and
WHEREAS , to address these concerns, the City has, for many years, limited the number of
persons who can occupancy dwelling units in the City; and
WHEREAS , on October 18 , 2005 , the City Council adopted Ordinance No. 123 , 2005 ,
amending various sections of the City' s Land Use Code ("LUC") to clarify these occupancy limits
and make them more readily enforceable; and
WHEREAS , in conjunction with these amendments to the LUC, the City Council
subsequently adopted Ordinance No . 124, 2005 , making certain changes to the provisions of the City
Code, including the addition of a provision requiring that any person selling or leasing a dwelling
unit in the City give advance notice to potential property owners and potential tenants on a form
provided by the City and signed by all parties to the transaction, of the applicable occupancy limits
for those units ; and
WHEREAS , recent staff investigations of alleged occupancy violations have shown that
landlords sometimes do not present the disclosure statements to their tenants for signature at the time
the lease was executed as required by the City Code, but do so only if the property owner and
occupants are under investigation for a violation; and
WHEREAS , the City Council continues to believe that both property owners and tenants
should be responsible for ensuring that occupancy of a rental unit is within lawful limits ; and
WHEREAS , in order to address concerns about the accuracy of the required disclosure
statements and their availability to the City upon request, City staff has recommended that Section
5 -265 of the City Code be amended to require that all disclosure statement signatures be notarized
and made available at the premises; and
WHEREAS , City staff has suggested a two-month period for public education prior to
implementation of this requirement in order to increase the likelihood of compliance ; and
WHEREAS , Council desires to make the amendments in the interest of the health, safety and
welfare of tenants, the City' s neighborhoods and the public.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows :
Section 1 . That Section 5 -265 of the Code of the City of Fort Collins is hereby amended
to read as follows :
Sec. 5-265. Posting; inspection of books and records ; disclosure.
(a) Any certificate of occupancy for a boarding or rooming house specifying the
number of allowable tenants must be posted on the back of the front door of the
dwelling.
(b) Whenever reasonable cause exists to believe that a violation of the Code or
Land Use Code has occurred at any rental dwelling unit, the owner and property
manager, if any, of said unit shall, upon request, make available to the City all lease,
rental payment and tenant information pertaining to the unit, together with the
written disclosure statement required by Subsection (c) below.
(c) Any person selling or leasing a dwelling unit shall, immediately upon
execution of any deed, contract for purchase and sale, or lease pertaining to such
unit, provide all purchasers, lessees or sublessees of such unit with a written
disclosure statement, on a form provided by the City and signed by all parties to the
transaction, specifying the maximum permissible occupancy of such unit under
Section 3 . 8 . 16 of the Land Use Code. Such signatures shall be notarized by a Notary
Public . In the case of a lease, said form shall be attached to an original of the lease
agreement and shall be retained at the leased premises by the owner of the unit and
the property manager, if any, for the duration of the lease term for the unit. A copy
of the notarized form shall also be retained at said premises and be forthwith
provided to the City upon request.
Section 2 . That the amendment to Section 5 -265 of the City Code contained herein shall
go into effect on May 12, 2010.
Introduced, considered favorably on first reading, and ordered published this 16th day of
February, A.D . 2010, and to be presented for final passage on the 2nd day of March, A.D . 2010 .
Mayor
ATTEST :
City Clerk
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Passed and adopted on final reading on the 2nd day of March, A.D . 2010 .
Mayor
ATTEST :
City Clerk
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