HomeMy WebLinkAbout033 - 03/07/2006 - AMENDING THE EFFECTIVE DATE OF SECTION 8 OF ORDINANCE NO. 123, 2005, PERTAINING TO THE DEFINITION OF ORDINANCE NO. 033, 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE EFFECTIVE DATE OF SECTION 8 OF
ORDINANCE NO. 123, 2005, PERTAINING TO THE DEFINITION
OF "FAMILY" AS CONTAINED IN SECTION 5.1.2 OF THE LAND USE CODE
WHEREAS,on November 15,2005,the City Council adopted on second reading Ordinance
No. 123,2005, (the"Ordinance")making various amendments to the City of Fort Collins Land Use
Code(the "LUC") relating to residential occupancy limits; and
WHEREAS, Section 6 of the Ordinance amended Section 3.8. 16(A)of the Land Use Code
so as to state that the maximum occupancy allowed per dwelling unit in a single-family,two-family,
or multi-family dwelling is either one "family" as defined in Section 5.1.2 and not more than one
additional person or two adults and their dependents, if any, and not more than one additional
person; and
WHEREAS,pursuant to Council direction,Section 47 of the Ordinance stated that this new
occupancy limit would go into effect January 1, 2007; and
WHEREAS, all other provisions of the Ordinance took effect ten days after second reading
of the Ordinance; and
WHEREAS, Section 8 of the Ordinance (one of the provisions of the Ordinance that took
effect on November 25,2005), amended the definition of"family" contained in Section 5.1.2 so as
to limit a "family" to 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; and
WHEREAS, the previous definition of"family" in Section 5.1.2 of the LUC included not
only persons who are related but also groups of not more than three unrelated persons; and
WHEREAS,the new definition of"family"should not have taken effect prior to the effective
date of the new occupancy regulation; and
WHEREAS, the effect of prematurely eliminating groups of more than three unrelated
persons from the definition of"family" is that only related persons can now occupy dwelling units;
and
WHEREAS, City staff has brought this unintended consequence to the attention of the
Council; and
WHEREAS, Council wishes to retroactively change the effective date of Section 8 of the
Ordinance so that both the new occupancy regulation and the change in the definition of"family"
will take effect January 1, 2007.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Section 47 of Ordinance No. 123, 2005, is hereby amended to read in its entirety as
follows:
Section 47. That Section 6 of this Ordinance,amending Section 3.8.16 of
the Land Use Code, and Section 8 of the Ordinance, amending the definition of
"family" contained in Section 5.1.2 of the Land Use Code, shall take effect January
1,2007,and all other provisions of this ordinance shall take effect ten(10)days after
second reading of this Ordinance.
Introduced, considered favorably on first reading, and ordered published this 21st day of
February, A.D. 2006, and to be presented for final passage on the 7th day of March, A.D. 2006.
May '
ATTEST:
City Clerk
Passed and adopted on final reading on the 7th day of c , A.D. 2006.
Mayor
ATTEST:
City Clerk