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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/06/2010 - ITEMS RELATING TO OCCUPANCY LIMITS DATE: April 6, 2010 STAFF: Steve Dush _ Beth Sowder Items Relating to Occupancy Limits. A. First Reading of Ordinance No.041,2010,Amending Sections of the Land Use Code Relating to Occupancy Limits. B. First Reading of Ordinance No. 042, 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 Municipal 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 intent for limiting the occupancy of dwelling units. The proposed Land Use Code changes address this problem by refining the definition of Dependent, 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 and amending the definition of Occupancy. 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. April 6, 2010 -2- ITEM 20 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, including the definition of"dependent," 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, Council directed staff to process an amendment to the current occupancy regulation that would be consistent with the original intent (see Attachment 1). 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 familywanting to provide temporary housing to missionaries,exchange students, etc. Ordinance No. 041, 2010, Amending Sections of the Land Use Code Relating to Occupancy Limits. These Council objectives can be accomplished by: 1. Amending the Land Use Code language, specifically the definition of Dependent in Section 3.8.16(D)(2) 2. Adding a new Section (3) to Section 3.8.16(E) 3. Amending the definition of Family in Section 5.1.2 4. Amending the definition of Occupancy or Occupy in Section 3.8.16(D)(3). Part 1 Amend Section 3.8.16(D)(2), definition of Dependent: Current definition: Dependent shall mean a person related to an adult occupying a dwelling unit by blood, marriage,adoption,guardianship or other duly authorized custodial relationshipwho receives financial support from said adult and who resides with said adult in the dwelling unit at least three (3) calendar months in a calendar year. Proposed definition: Dependent shall mean the natural child of an adult occupying a dwelling unit, or a person related to the adult by reason of adoption, guardianship or other duly authorized custodial relationship,who receives financial support from the adult and who resides with the adult in the dwelling unit at least three (3) calendar months in a calendar year. Part II Add a new Section (3)to 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 Section 3.8.16(A)(1) 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; April 6, 2010 -3- ITEM 20 (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. Permits issued 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 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 will be charged by the City for the host family permit in order to cover the costs of processing the application, which shall be payable at the time of application. Part III Amend the definition of family in Section 5.1.2 of the Land Use Code to remove "an individual living alone". 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. Part IV Amend the definition of"occupancy or occupy" in section 3.8.16(D)(3) to state specifically that thirty (30) overnight visits constitutes occupancy and is not just one factor to be considered in determining occupancy, and to change the thirty (30) overnight visits from being "within a calendar year" to "within a twelve month period". The proposed definition would read as follows: Occupancy or occupy shall mean the use of a dwelling unit or any portion thereof for living and sleeping purposes by a person acting in any of the following capacities: (1) as an owner of the unit; (2) as a tenant under an express or implied lease or sublease of the unit or of any portion thereof; or (3) as a guest or invitee of the owner, property manager, lessee or sublessee of the unit, if such guest or invitee stays overnight at the unit for a total of thirty (30) or more days within any twelve-month period of time. Note: This definition change will be brought to the Planning and Zoning Board at its April 15, 2010 meeting. Ordinance No. 042, 2010, Amending Section 5-265 of the City Code Relating to Occupancy Disclosure Statements. To address concerns expressed about the accuracy and accessibility of the required "disclosure statements", staff recommends amending Section 5.265(c)to require that the property owner or manager's signature on the disclosure statement be notarized, and that a copy of the disclosure statement be 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, the rationale for the change, when it will take effect, and, that from that date forward, all disclosure statements must be notarized and available at the premises. Additionally,the proposed amendments will state thatwill be a violation fora property owner/manager to rentto anyone who has not signed a disclosure statement, and, it will be a violation for any tenant to occupy a dwelling unit if they have not signed a disclosure statement. April 6, 2010 -4- ITEM 20 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 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(which includes representatives from the Associated Students of Colorado State University, tenants, landlords, property managers, Fort Collins Board of Realtors, Northern Colorado Rental Housing Association, the Latter-Day Saints Church, and neighborhood representatives)was informed of the recommended changes proposed to Council. • 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. Neighborhood representatives provided feedback in support of the proposed changes, specifically that: • The host family permit is a proper approach that will prevent abuses of this very worthy adjustment to the occupancy limit. April 6, 2010 -5- ITEM 20 • Requiring the disclosure statement to be notarized and available on the premises is an appropriate response to assure the statement is provided to the tenants. The proposed changes were presented to the Northern Colorado Rental Housing Association on March 16,2010 and to landlords who attended the February 2010 Landlord Education Series. While some feedback included the concern that the notary requirement for the disclosure statement will put an added cost and burden on landlords, other feedback was in favor of the added requirements because it will help landlords who are already providing the disclosure form show that they are abiding by the requirements. The Fort Collins Board of Realtors supports requiring all parties'signatures to be notarized or verified by an electronic time stamp. The Board would like to see more of a shared accountability which would require the tenants'signatures to be notarized or verified. Staff has discussed some of the 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. Staff does acknowledge that there will be some additional burden on landlords to have the disclosure statements notarized; however, it is important to ensure that the disclosure statement is being provided to the tenants at the time of lease signing. While staff understands the desire to have shared responsibility among both landlords and tenants, the enforcement need for the landlord's notarized signature is to specifically tie the date of execution of the Disclosure Statement. The addition of requiring the tenants' signatures to be notarized is not necessary. 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 July 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 Cit Y Of Community Development a Neighborhood Services 281 North College Avenue Fort Collins P•O.Box 580 Fort Collins,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 Bames, 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 I -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. ATTACHMENT 2 Planning &Zoning Board January 21,2010 Page 2 Discussion Agenda: 3. Land Use ec ion 3.8,16 —Occupancy Limits 5 x 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 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 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 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. ATTACHMENT 3 Occupancy Limit Regulations Proposed Amendments City Council Meeting April 6 , 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 to : • Clarify the occupancy limit regulations definitions to meet Council ' s original intent • Allow a permit process for a host family to house one additional person JAL Fort Collins 1 Subject Con ' t • Amend the City Code to add Disclosure Statement requirements : — Notarized — Copy kept at the premises and available when requested F�t` ollins Council Work Session October 27 , 2009 Council directed staff to do three things : 1 . Clarify Occupancy Limit to meet Council ' s intent and provide permit process for " host families " 2 . Further explore zoning option to allow EORH in NCM zone 3 . Provide Council with Rental Registration and Licensing information City of Fort�ins 2 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 . F�t` Collins 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. City of Fort Collins 3 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 . F�t` Collins Amend Section 3 . 8 . 16 ( D ) (2 ) Amend the definition of dependent to clarify who can be considered a dependent : Dependent shall mean the natural child of an adult occupying a dwelling unit ; or a person related to the adult by reason of adoption , guardianship or other duly authorized custodial relationship , who received financial support from the adult and who resides with the adult in the dwelling unit at least three (3 ) months in a calendar year. City of Fort Collins 4 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 . City f im Collins- For Amend definition of " Occupy " Amend definition of "occupy" for clarification and to change "calendar year" to "twelve- month period " : Occupancy or occupy shall mean the use of a dwelling unit or any portion thereof for living , sleeping , and cooking or eating purposes , by a person acting in any of the following capacities : ( 1 ) as an owner of the unit ; (2 ) under an express or implied lease . . . ; or (3 ) for a total of thirty ( 30 ) days within any twelve- month period of time , as a guest or invitee acting with the implied or express consent of the owner, property manager, lessee or sublessee of the unit . City of Fort Collins big Permit to Increase Limit Add Section 3 . 8 . 16 ( E ) Increasing the Occupancy Limit - Single -family , owner-occupied dwellings - the number of persons allowed under Section 3 . 8 . 16 (A ) ( 1 ) may be increased to allow one additional person by the issuance of a " host family permit" . F�t` Collins kol 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 City of Fort Collins 6 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 F�t` Collins oil 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 . City of Fort Collins 7 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 F�t` Collins Staff Recommendation Staff recommends adoption of the Ordinances on First Reading . City of Fort Collins 8 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 f Collins For Public Outreach • Occupancy Ordinance Stakeholder Committee — informed of the recommended changes . • Feedback received from : — Latter- Day Saints church — Landlord Education Series participants — Neighborhood representatives — Fort Collins Board of Realtors — Northern Colorado Rental Housing Association City of Fort Collins 9 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 . • Notarized signature ties date to disclosure form F�t` Collins Public Education Disclosure Statement Requirements : • Letter to landlords and property managers explaining : — Notary requirement — Copy at premises requirement — Effective date — July 1 , 2010 — From that date forward all disclosure statements must be notarized and available at the premises City of Fort Collins 10 Next Steps April 20 , 2010 — 2nd Reading May 1 , 2010 — Implementation of Occupancy Limit amendments and Host Family permit May 1 — June 30 , 2010 — Education period for Disclosure Statement requirements July 1 , 2010 — Implementation of Disclosure Statement requirements F�t` ollins Questions ? City of Fort�i1s 11 ORDINANCE NO. 041 , 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 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 and their dependents, if any, and not more than one ( 1 ) additional person. (D) Definitions. The following words, terms and phrases, when used in this Section, shall have the meanings ascribed to them below : (2) Dependent shall mean the natural child of an adult occupying a dwelling unit, or a person related to an adult nnit by blood, ,by reason of adoption, guardianship or other duly authorized custodial relationship, who receives financial support from saidthe adult and who resides with saidthe adult in the dwelling unit at least three (3 ) calendar months in a calendar year. (3 ) Ocenpancy or "occupy" shall mean the use of a dwelling unit oil- portion thereof for living, sleeping and eooking ffidieia of ocenpancy may inelude, without limitation, the ttse of dwelfing vnit as an address for atry purpose , fiving in a dwelling unit tinder an implied lease or express agreement, overnight use of dwelling unit for thirty (30) days in a ealendar year, or maintai (3) Occupancy or occupy shall mean the use of a dwelling unit or any portion thereof for living and sleeping purposes by a person acting in any of the following capacities : ( 1 ) as an owner of the unit; (2) as a tenant under an express or implied lease or sublease of the unit or of any portion thereof; or (3 ) as a guest or invitee of the owner, property manager, lessee or sublessee of the unit, if such guest or invitee stays overnight -2- at the unit for a total of thirty (30) or more days within any twelve-month period of time . (E) Increasing the Occupancy Limit. ( 1 ) With respect to single-family and two-family dwellings, the number of persons allowed under this Section may be increased by the issuance of a certificate of occupancy for use as an extra occupancy rental house in zones allowing such use. (2) With respect to multiple-family dwellings, the decision maker (depending on the type of review, Type 1 or Type 2) may, upon receipt of a written request from the applicant and upon a finding that all applicable criteria of this 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 Section 3 . 8 . 16(A)( 1 ) may be increased to allow one ( 1 ) additional person by the issuance of a "host family permit" provided that the following conditions are met: (a) Adequate off-street parking is available to accommodate the additional occupant; (b) There have been no violations of Chapters 17 or 20 of the City Code or Section 3 . 18 . 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 . (4) Host family permits shall be valid for ten ( 10) months from the date of issuance; provided, however, that in the event that -3 - 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. Section 2 . 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. Introduced, considered favorably on first reading, and ordered published this 6th day of April, A.D . 2010, and to be presented for final passage on the 20th day of April, A.D . 2010 . Mayor ATTEST : City Clerk Passed and adopted on final reading on the 20th day of April, A.D . 2010 . Mayor ATTEST : City Clerk -4- ORDINANCE NO. 0421 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 of the applicable occupancy limits for the units they are renting to potential property owners and potential tenants on a form provided by the City and signed by all parties to the transaction; and WHEREAS , recent staff investigations of alleged occupancy violations have shown that landlords sometimes do not sign the disclosure statements in a timely fashion, and do not present the disclosure statements to their tenants for signature at the time the lease is 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 property owners and tenants should be jointly responsible for ensuring that the occupancy of a rental unit is within lawful limits ; and WHEREAS , in order to address concerns about the accuracy of the required disclosure statements, the timeliness of their execution, 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 the signature of the property owner or landlord on the disclosure statement be notarized and that the statements be kept at the leased 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, immediately 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) belo of this Section. (c) Any person selling or leasing a dwelling unit shall forthwith upon exectition 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 Cityanu SIgILIM 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 disclosure statement shall be signed and dated by all parties to the transaction immediately upon execution of any deed, contract for purchase and sale, or lease pertaining to such unit, and the signature of the person selling or leasing the dwelling unit shall be notarized by a Notary Public . In the case of a lease, said €ormthe disclosure statement shall be attached to an original a copy of the fully executed lease agreement and 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. (d) It shall be a violation of this Section for any person to rent a dwelling unit, or portion thereof, to any person who has failed or refused to sign the disclosure statement required by Subsection (c) of this Section. (e) It shall be a violation of this Section for any person to occupy a dwelling unit pursuant to a lease or sublease entered into after May 12 , 2010, unless such person has signed the disclosure statement required by Subsection (c) of this Section. Section 2 . That the amendment to Section 5 -265 of the City Code contained herein shall go into effect on May 12, 2010. -2- Introduced, considered favorably on first reading, and ordered published this 6th day of April, A.D . 2010, and to be presented for final passage on the 20th day of April, A.D . 2010 . Mayor ATTEST : City Clerk Passed and adopted on final reading on the 20th day of April, A.D . 2010 . Mayor ATTEST : City Clerk -3 -