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HomeMy WebLinkAbout041 - 04/20/2010 - AMENDING THE LAND USE CODE RELATING TO OCCUPANCY LIMITS 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 biological child of an adult occupying a dwelling unit, or a person related to an 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. (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 at the unit for a total of thirty (30) or more days within any twelve-month period of time. -2- (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 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 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 -3- 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 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 ublished this 6th day ofApril, A.D. 2010, and to be presented for final passage on the 20th of April, A.D. 2010. f Mayor A'TTE ST: City Clerk Passed and adopted on final reading on the 20th day of p� A.D. 2010. Mayor ATTEST: City Clerk -4-