HomeMy WebLinkAbout128 - 09/19/2017 - AMENDING THE CITY OF FORT COLLINS LAND USE CODE SHORT TERM RENTAL REGULATIONS (2)ORDINANCE NO. 128, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE CITY OF FORT COLLINS LAND USE CODE
SHORT TERM RENTAL REGULATIONS
WHEREAS, on December 2, 1997, by its adoption of Ordinance No. 190, 1997, the City
Council enacted the Fort Collins Land Use Code (the "Land Use Code"); and
WHEREAS, at the time of the adoption of the Land Use Code, it was the understanding
of staff and the City Council that the Land Use Code 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 Land Use Code remains a dynamic document capable of responding
to issues identified by staff, other land use professionals and citizens of the City; and
WHEREAS, Land Use Code regulations regarding the renting of dwelling units for
periods of less than thirty days ("Short Term Rental" or "Short Term Rentals") were adopted on
second reading by Council on March 21, 2017, concurrently with Short Term Rental licensing
regulations adopted into Chapter 15 of the Code of the City of Fort Collins; and
WHEREAS, subsequent to the adoption of the Short Term Rental regulations, the need
has arisen for an extension of the date by which Short Term Rental operators may obtain City tax
licenses in order to be deemed a lawful nonconforming use; and
WHEREAS, such an extension was discussed at the July 11, 2017, Council work session
and City staff was directed to prepare amendments for Council consideration; and
WHEREAS, the Fort Collins Planning and Zoning Board at its August 17, 2017, regular
meeting considered the proposed amendments to the Short- Term Rental regulations and
recommended that Council:
1. Not extend the date by which Short Term Rental operators may obtain City tax
licenses on a 5-2 vote;
2. Not allow renters of Short Term Rentals to operate Short Term Rentals deemed to be
lawful nonconforming uses on a 5-2 vote; and
3. Allow abutting dwelling units to be considered as primary Short Term Rentals on a 4-
3 vote.
WHEREAS, pursuant to Colorado Revised Statute §31-23-301, the City has been
specifically granted the power to regulate-the use of buildings for trade, industry, residence, or
other purposes for the purposes of promoting health,_safety, morals, or the general welfare of the
community; and
WHEREAS, Council is concurrently considering similar amendments to the Short Term
Rental licensing regulations adopted into the Code of the City of Fort Collins.
J
1-
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF, THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and, adopts the determinations and
findings contained in the recitals set forth above.
Section 2. The Land Use Code changes adopted herein are in the best interests of the
citizens of Fort Collins and are adopted for the purposes of promoting the health, safety, morals,
and general welfare of the community.
Section 3.That Section 3.2.2(K) of the Land Use Code is hereby amended to read as
follows:
3.2.2 - Access, Circulation and Parking
K) Parking Lots-Required Number of Off-Street Spaces for Type of Use.
k) Short term non-primary rentals and short term primary rentals: The minimum
number of off-street parking spaces required are as follows:
Number of Bedrooms Rented Number of Off-Street Parking Spaces
1-2 1
3-4 2
5-6 3
The number of additional off-street parking spaces required for more than six (6)
bedrooms rented shall be calculated in the same manner used in the above chart (e.g. 7-8
bedrooms rented requires four(4) off-street parking spaces).
Short term rentals licensed pursuant to the Code of the City of Fort Collins § 15-646 and
for which the license application was submitted prior to October 31, 2017, are exempt
from compliance with these parking requirements so long as such license remains
continuously valid. Subsequent licenses issued pursuant to § 15-646 shall comply with
these parking requirements.
Section 4. That Section 3.8.34 of the Land Use Code is hereby amended to read as
follows:
3.8.34 - Short Term Rentals
2-
r
F) Nonconforming Use. A dwelling unit utilized as a short term primary or non-primary
rental that is located in a zone district where such use is prohibited, and such short term
rental was a lawfully established use as defined in (3) below, is deemed to be a
nonconforming use. Such nonconforming use shall correspond to the type (either primary
or non-primary) of short term rental conducted prior to March 31, 2017.
1) In addition to complying with the -nonconforming use regulations in Land Use
Code Division 1.5, the owner of the dwelling unit must obtain a license pursuant
to the Code of the City of Fort Collins § 15-646 and continuously maintain such
license to maintain nonconforming use status. Failure to apply for such license by
October 31, 2017, shall be considered abandonment of the nonconforming use.
Should such license be revoked, not be renewed, or lapse for any period of time;
the nonconforming short term rental use shall be considered abandoned or
otherwise terminated.
3) To be deemed a lawful use, a dwelling unit must have been actually utilized as a
short term primary or non-primary rental prior to March 31, 2017, and valid sales
and use and lodging tax licenses for such dwelling unit must have been obtained
prior to October 31, 2017, in accordance with Chapter 25, Art. IV, of the Code of
the City of Fort Collins.
Section 5. That the definition "Short term primary rental" contained in Section 5.1.2
of the Land Use Code is hereby amended to read as follows:
Short lean primary rental shall mean a dwelling unit that is a primary residence of
which a portion is leased to one (1) party at a time for periods of less than thirty (30)
consecutive days. The term party as used in this definition shall mean one (1) or more
persons who as a single group rent a, short term primary rental pursuant to a single
reservation and payment. A carriage house that is not a primary residence is eligible to
be a short term primary rental if it is located on a lot containing a primary residence. A
dwelling unit of a two-family dwelling that is not a primary residence is eligible to be a
short term primary rental if the connected dwelling unit is a primary residence and both
dwelling units are located on the same lot. The term short term primary rental shall not
include the rental of a dwelling unit to the former owner immediately following the
transfer of ownership of such dwelling unit and prior to the former owner vacating the
dwelling unit. Short term primary rental is a distinct use from short term non-primary
rental under the Land Use Code.
3-
Introduced, considered favorably on first reading, and ordered published this 5th day of
September, A.D. 2017, and to be presented for final passage on the 19th day of September, A.D.
2017.
01
ayor
ATTEST:
0. f...
U.
SEAL :
12
44
sN
ity Clerk
cOLOR PIP 0
Passed and adopted on final reading on the 19th day of September, A.D. 2017.
ayor
ATTEST:
of Fc Rrc
Interi City Clerk 1 '1, Cn
cOLORA00
i
4-
n C.
Account #:FTC-003160
55:AFFIDAVIT OF PUBLICATION
COUNTY OF LARIMER
1,being duly sworn,deposes and says that said is the legal clerk of the Fort Collins Coloradoan;that the same
is a daily newspaper of general circulation and printed and published in the City of Fort Collins,in said
county and state;that the notice or advertisement,of which the annexed is a true copy,has been published in
said daily newspaper for
1 Day;
that the notice was published in the regular and entire issue of every number of said newspaper during the
period and time of publication of said notice,and in the newspaper proper and not in a supplement thereof~
that the first publication of said notice was contained in the issue of said newspaper on
Sunday,September 10,2017
that the last publication thereof was contained in the issue of said newspaper on
Sunday,September 10,2017
that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the period of at
least six months next prior to the first publication of said notice or advertisement above referred to;that said
newspaper has been admitted to the United States mails as second-class matter under the provisions of the
Act of March 3,1879,or any amendments thereof;and that said newspaper is a daily newspaper duly
qualified for publishing legal notices and advertisements within the meaning of the laws of the State of
Colorado.
Legal Clerk
Subscribed and sworn to before me,within the Coun IP LADONINA MARY LAMAR
Monday,September 11,2017 TARY PUBLIC -STATE OF COLO RADQ~
My Iden~tication #20154035099MyCommissionexpiresSeptember3,2019 Expires September 3,2019
CITY OF FC-CLERK-LEGALS
300 LAPORTE AVE
FORT COLLINS,CO 80521
Affidavit Prepared
Monday,Seplei,,ber 11,2017
11:06 am
F OWI~COLLIN S
STATE OF COLORADO
Invoice Text
NOTICE IS HEREBY GIVEN that the Fort Collins City Council,on
Delivered to:
se IL
Notary rublie
Legal No.0002390862
THE CULTURAL SERVICES AND PA
CILITIES FUND FOR THE ART IN ORDINANCE NO 124,2017
PUBLIC PLACES PROGRAM,AND OF THE COUNCIL OF THE CITY OF
APPROPRIATING RESERVES FROM FORT COLLINS
THE CAPITAL EXPANSION FUND AMENDING THE ZONING MAP OF
FOR TRANSFER TO THE CAPITAL THE CITY OF FORT COLLINS
PROJECTS FUND FOR THE NORTH AND CLASSIFYING FOR ZONING
COLLEGE IMPROVEMENTS PURPOSES THE PROPERTY
PROJECTCANAL TO STATE HIGH INCLUDED IN THE NEWTON
WAY I PROJECT AND FOR TRANS SECONDANNEXATIONTOTHE
FER TO THE CULTURAL SERVICES CITY OF FORT COLLINS,COLORADO,
AND FACILITIES FUND FOR THE AND APPROVING
ART IN PUBLIC PLACES PROGRAM CORRESPONDING CHANGES TO THESIGNDISTRICTMAP
ORDINANCE NO 093,2011
—OF THE COUNCIL OF THE CITY OF ORDINANCE NO 125,2017
FORT COLLINS OF THE COUNCIL OF THE CITY OF
APPROPRIATING UNANTICIPATED ~ORTCOLUN~
GRANT REVENUE FROM THE DESIGNATING THE
NORTH FRONT RANGE METROPOLI’MCCARTY/SHEELY/DREHER PROP’
TAN PLANNING ORGANIZATION IN ERTY,
THE CAPITAL PROJECTS FUND FOR 1300 WEST MOUNTAIN AVENUE,
THE HORSETOOTH ROAD AND FORT COLLINS,COLORADO,
COLLEGE AVENUE INTERSECTION AS A FORT COLLINS LANDMARK
IMPROVEMENTS PROJECT PURSUANT TO CHAPTER 14
ORDINANCE NO 108,2017 OF THE CODE OF THE CITY OF
OF THE COUNCIL OF THE CITY OF FORTCOLLINS
FORT COLLINS ORDINANCE NO 126,2017
AUTHORIZING THE ACQUISITION BY OF THE COUNCIL OF THE CITY OF
EMINENT DOMAIN FORT COLLINS
OF CERTAIN LANDS NECESSARY TO AUTHORIZING THE CONVEYANCE
CONSTRUCT OF A PERMANENT UTILITY EASE-
PUBLIC IMPROVEMENTS IN CON-MENT
NECTION WITH THE NORTH AND A TEMPORARY CONSTRUCTION
COLLEGE IMPROVEMENTS EASEMENT ON CITY PROPERTY
PROJECT CANAL TO STATE HIGH-LOCATED AT 625 9TH STREET TO
WAY 1 PUBLIC SERVICE COMPANY OFCOLORADO
ORDINANCE NO 113,2017 ORDINANCE NO 127,2017
OF THE COUNCIL OF THE CITY OF OF THE COUNCIL OF THE CITY OF
FORT COLLINS FORT COLLINS
AMENDING CHAPTER 2,ARTICLE AMENDING CHAPTER 15 OF THE
III,DIVISION 12,SECTION 2203 CODE OF THE CITY OF FORT
OF THE CODE OF THE CITY OF COLLINS REGARDING SHORT TERM
FORT COLLINS TO UPDATE RENTL LICENSING REGULATIONS
THE FUNCTIONS OF THE CULTURAL ORDINANCE NO 128,2017
RESOURCES BOARD OF THE COUNCIL OF THE CITY OF
ORDINANCE NO 119,2017 FORT COLLINS
OF THE COUNCIL OF THE CITY OF AMENDING THE CITY OF FORT
FORT COLLINS COLLINS LAND USE CODE
APPROPRIATING PRIOR YEAR RE’SHORT TERM RENTAL REGULA
SERVES IN ANTICIPATION OF TIONS
GRANT REVENUE FROM’THE AMENDING THE CITY OF FORT
STATE OF COLORADO DEPART-COLLINS LAND USE CODE
MENT OF HOMELAND SECURITY SHORT TERM RENTAL REGULA’
OFFICE OF EMERGENCY MANAGE-TIONS
MENT AND AUTHORIZING A TRANS The full text of these ordinanCes con be
FER TO THE CULTURAL SERVICES found at http //fCOOV coniJPUbIlCnOtiCeS
FUND FOR THE ART IN PUBLIC or by calling the Cdv Clerks Office at
PLACES PROGRAM FOR THE 970221 6615MULBERRY/I~IVERSIDEIMYRTLE 0002390862
STORM SEWER PROJECT FORT COLLINS COLORADOANPUBSEPT1OTH2017
ORDINANCE NO 121,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
ANNEXING THE PROPERTY KNOWN
—————~—AS THE NEWTON FIRST
NOTICE IS HEREBY GIVEN ANNEXATION TO THE CITY OF
that the Fort CollIns City Council,on FORT COLLINS,COLORADD
TuesdOvi September 5,2017,passed ond ORDINANCE NO 122,2017
adopted the following ordinonCeS on tirst OF THE COUNCIL OF THE CITY OF
reoding These ordinances will be pro’FORT COLLINS
sented for final possoge on September ~~d~YOFFORT~OLLINS OF
ORDINANCE NO 092 2017 AND CLASSIFYING FOR ZONING
OF THE COIJNCI 0 H T PURPOSES THE PROPERTY
FORT COLLINS INCLUDEDIN THE NEWTON FIRST
APPROPRIATING UNANTICIPATED ANNEXATION TO THE
GRANT REVENUE FROM THE CITY OF FORT COLLINS,COLORADO,
COLORADO DEPARTMENT OF ANDAPPROVING
TRANSPORTATION,AND APPROPRI CORRESPONDING CHANGES TO THE
ATING UNANTICIPATED REVENUE SIGN DISTRICT MAP
FROM LARIMER COUNTY IN THE ORDINANCE NO 123,2017
CAPITAL OF THE COUNCIL OF THE CITY OF
PROJECTS FUND FOR THE NORTH FORT COLLINSIMPROVEMENTS~KNOWN
CANAL TO STATE HIGHWAY 1 PROJ’ANNEXATION TO THE CITY OF
ECT AND FOR TRANSFER FROM FORT COLLINS,COLORADO
THE CAPITAL PROJECTS FUND TO
C)C
Account #:FTC-003160
FORT•COLLINS
NOTICE IS HEREBY GIVEN that the Fort Collins City Council,on ‘1
STATE OF COLORADO
ss:AFFIDAVIT OF PUBLICATION
COUNTY OF LARIMER
1,being duly sworn,deposes and says that said is the legal clerk of the Fort Collins Coloradoan;that the same
is a daily newspaper of general circulation and printed and published in the City of Fort Collins,in said
county and state;that the notice or advertisement of which the annexed is a true copy,has been published in
said daily newspaper for
1 Day;
that the notice was published in the regular and entire issue of every number of said newspaper during the
period and time of publication of said notice,and in the newspaper proper and not in a supplement thereof;
that the first publication of said notice was contained in the issue of said newspaper on
Sunday,September 24,2017
that the last publication thereof was contained in the issue of said newspaper on
Sunday,September 24,2017
that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the period of at
least six months next prior to the first publication of said notice or adverlisement above referred to;that said
newspaper has been admitted to the United States mails as second-class matter under the provisions of the
Act of March 3,1879,or any amendments thereof;and that said newspaper is a daily newspaper duly
qualified for publishing legal notices and advertisements within the meaning of the laws of the State of
Colorado.
~~~erk
Subscribed and sworn to before me,within the County of Larimer,State of Colorado this
LADONNA MARY LAMARMonday,September 25,2017 NOTARY PUBLIC.STATEOFCOLORADO
My Commission expires September 3,2019 Myidontfficaflon#20154035099
2 —Notary Public
Legal No.0002421346
Delivered to:
CITY OF FC-CLERK-LEGALS
300 LAPORTE AVE Affidavit PreparedMonday,September 25,2017FORTCOLLINS,CO 80521 (0:44 am
NOTICE IS HEREBY GIVEN that the
Fort Collins City Council,on Tuesday,
September 19,2017,passed and adopted
the following ordinances on second
reading:
ORDINANCE NO.092,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
APPROPRIATING UNANTICIPATED
GRANT REVENUE FROM THE
COLORADO DEPARTMENT OF
TRANSPORTATION,AND APPROPRI
TING UNANTIC PATED REVENUE
--
FROM LAR COUNTY IN THE CORRESPONDING CHANGES TOT found at hOOP //fcgav can,/publlcnOtlces
CAPITAL \_J SIGN DISTRICT MAP or by calling the City Clerk’s Office at
PROJECTS FUND FOR THE NORTH DIN CE 0 1 2017 ‘970 221 6515
COLLEGE IMPROVEMENTS OF THE COUNCIL OF TilE CITY OF 0002421346
CANAL TO STATE HIGHWAY 1 PROJ FORT COLLINS Far Collins Colarodoan
ECT AND FOR TRANSFER FROM -ANNEXING THE PROPERTY KNOWN Sept 24th 2017
THE CAPITAL PROJECTS FUND TO AS THE NEWTON SECOND
THE CULTURAL SERVICES AND FA-ANNEXATION TO THE CITY OF
CILITIES FUND FOR THE ART IN FORT COLLINS,COLORADO
PUBLIC PLACES PROGRAM,AND
APPROPRIATING RESERVES FROM ORDINANCE NO 124,2017
THE CAPITAL EXPANSION FUND OF THE COUNCIL OF THE CITY OF
FOR TRANSFER TO THE CAPITAL FORT COLLINS
PROJECTS FUND FOR THE NORTH AMENDING THE ZONING MAP OF
COLLEGE IMPROVEMENTS THE CITY OF FORT COLLINS
PROJECT CANAL TO STATE HIGH AND CLASSIFYING FOR ZONING
WAY 1 PROJECT AND FOR TRAHS PURPOSES THE PROPERTY
FER TO THE CULTURAL SERVICES INCLUDED IN THE NEWTON
AND FACILITIES FUND FOR THE SECOND ANNEXATION TO THE
ART IN PUBLIC PLACES PROGRAM CITY OF FORT COLLINS,COLORADO,
CORRESPONDING CHANGES TO THE
SIGN DISTRICT MAP
ORDINANCE NO 125,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
DESIGNATING THE
MCcARTY/SHEELY/DREHER PROP
ERTY,
1300 WEST MOUNTAIN AVENUE,
FORT COLLINS,COLORADO,
AS A FORT COLLINS LANDMARK
PURSUANT TO CHAPTER 14
OF THE CODE OF THE CITY OF
FORT COLLINS
ORDtNANCE NO 126,9017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AUTHORIZING THE CONVEYANCE
OF A PERMANENT UTILITY EASE
MENT
AND A TEMPORARY CONSTRUCTION
EASEMENT ON CITY PROPERTY
LOCATED AT 625 9TH STREET TO
PUBLIC SERVICE COMPANY OF
CO LO RAOO
ORDINANCE NO 127,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AMENDING CHAPTER 15 OF THE
CODE OF THE CITY OF FORT
COLLINS REGARDING SHORT TERM
RENTAL LICENSING REGULATIONS
ORDINANCE NO 120,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AMENDING THE CITY OF FORT
COLLINS LAND USE CODE
SHORT TERM RENTAL REGULA
TIONS
AMENDING THE CITY OF FORT
COLLINS LAND USE CODE
SHORT TERM RENTAL REGULA
TIONS
The full text of these ordinances con be
ORDINANCE NO 093,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
APPROPRIATING UNANTICIPATED
GRANT REVENUE FROM THE
NORTH FRONT RANGE METROFOLI
TAN PLANNING ORGANIZATION IN
THE CAPITAL PROJECTS FUND FOR
THE HORSETOOTH ROAD AND
COLLEGE AVENUE INTERSECTION
IMPROVEMENTS PROJECT
ORDINANCE NO 104 2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
APPROPRIATING UNANTiCIPATED
REVENUE IN THE CAPITAL PROJ
ECTS FUND AND APPROPRIATING
PRIOR YEAR RESERVES IN THE
GENERAL FUND FOR TRANSFER TO
THE CAPITAL PROJECTS FUND FOR
CONSTRUCTION OF THE FINAL
FIVE ACRES OF THE GARDENS ON
SPRING CREEK PROJECT AND
TRANSFERRING APPROPRIATIONS
i TO THE CULTURAL SERVICES ANDFACILITIESFUND
FOR THE ART IN PUBLIC PLACES
PROGRAM
ORDINANCE NO 108,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AUTHORIZING THE ACQUISITION BY
EMINENT DOMAIN
OF CERTAIN LANDS NECESSARY TO
CONSTRUCT
PUBLIC IMPROVEMENTS IN CON
NECTION WITH THE NORTH
COLLEGE IMPROVEMENTS
PROJECT CANAL TO STATE HIGH
WAY 1
ORDINANCE NO 113,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AMENDING CHAPTER 2,ARTICLE
III,DIVISION 12,SECTION 2203
OF THE CODE OF THE CITY OF
FORT COLLINS TO UPDATE
THE FUNCTIONS OF THE CULTURAL
RESOURCES BOARD
ORDINANCE NO lie,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
MODIFYING ORDINANCE NO 074,
2016,WHICH MODIFIED THE APRIL
7,2016 PLANNING AND ZONING
BOARD DECISION APPROVING THE
MAJOR AMENDMENT TO THE
CENTRE FOR ADVANCED TECHNOL
OGY 22nd FILING,COMMUNITY HOR
TICULTURE CENTER,#MJA 150006
PERTAINING TO THE GARDENS ON
SPRING CREEK TO REMOVE TWO
CONDITIONS,SPECIFICALLY THE
WEST SOUND WALL AND CENTRAL
OVERRIDE COMPONENT OF THE
SOUND SYSTEM
ORDINANCE NO 119.2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
APPROPRIATING PRIOR YEAR RE
SERVES IN ANTICIPATION OF
GRANT REVENUE FROM THE
STATE OF COLORADO DEPART
MENT OF HOMELAND SECURITY
OFFICE OF EMERGENCY MANAGE
MENT AND AUTHORIZING A TRANS
FER TO THE CULTURAL SERVICES
FUND FOR THE ART IN PUBLIC
PLACES PROGRAM FOR THE
MULBERRY/RIVERSIDE/MYRTLE
STORM SEWER PROJECT
ORDINANCE NO 121,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
ANNEXING THE PROPERTY KNOWN
AS THE NEWTON FIRST
ANNEXATION TO THE CITY OF
FORT COLLINS,COLORADO
ORDINANCE NO 122,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AMENDING THE ZONING MAP OF
THE CITY OF FORT COLLINS
AND CLASSIFYING FOR ZONING
PURPOSES THE PROPERTY
INCLUDEDIN THE NEWTON FIRST
ANNEXATION TO THE
CITY OF FORT COLLINS COLORADO.
AND APPROVING