HomeMy WebLinkAbout127 - 09/19/2017 - AMENDING CHAPTER 15 OF THE CITY CODE REGARDING SHORT TERM RENTAL LICENSING REGULATIONS (2)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
WHEREAS, licensing regulations regarding the rental of dwelling units for periods of
less than thirty days ("Short Term Rental" or "Short Term Rentals") were adopted into Chapter
15 of the Code of the City of Fort Collins on second reading by Council on March 21, 2017,
concurrently with Short Term Rental regulations adopted into the Land Use Code; 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 obtain a Short Term Rental license for a dwelling unit deemed to be 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, Council is concurrently considering similar amendments to the Short Term
Rental regulations adopted into the Land Use Code.
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 changes adopted herein to the Short Term Rental licensing regulations
contained in the Code of the City of Fort Collins 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 15-641 of the ,Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 15-641. - Definitions.
The following definitions shall apply to this Article:
Short term 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. A
carriage house, as defined in the Land Use Code, that is not a primary residence is eligible to be
a short term primary rental and may be licensed as a short term primary rental if it is located on a
lot containing a primary residence. A dwelling unit of a two-family dwelling, as defined in the
1-
Land Use Code, that is not a primary residence is eligible to be a short term primary rental and
may be licensed as a short term primary rental if the connected dwelling unit is a primary
v
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.
Section 4. That Section 15-644 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 15-644. - Licensing requirements.
a) The following are the minimum requirements that must be satisfied by the applicant for
the issuance of a short term primary rental license.
8) The dwelling unit must be located in a zone district that allows short term primary
rentals as specified in the Land Use Code. Alternatively, the dwelling unit must satisfy
the requirements contained in § 15-646.
b) The following are the minimum requirements that must be'satisfied by the applicant for
the issuance of a short term non-primary rental license.
8) The dwelling unit must be located in a zone district that allows short term non-
primary rentals as specified in the Land Use Code. Alternatively, the dwelling unit must
satisfy the requirements contained in § 15-646. .
Section 5. That Section 15-646 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 15-646. - Licensing of short term primary and non-primary rentals existing prior to
Land Use Code restrictions.
a) A dwelling unit used as a short term primary or non-primary rental that is located in a
zone district in which the Land Use Code prohibits such use is eligible for a license pursuant to
this Article provided that such dwelling unit was actually utilized as a short term primary or non-
primary rental prior to March 31, 2017, and a valid sales and use and lodging tax license was
obtained prior to October 31, 2017, for such dwelling unit in accordance with Chapter 25, Art.
IV, of the Code of the City of Fort Collins.
2-
b) In addition to satisfying (a) above, the applicant must satisfy the requirements set forth in
15-644 in order to be eligible for a license. License applications submitted pursuant to this
Section on or before October 31, 2017, do not need to comply with the parking requirements in
Land Use Code § 3.2.2(K)(1).
c) In order to be eligible for a short term rental license pursuant to this Section, subject to
e) below, the applicant must submit an application for a license pursuant to this Article on or
before October 31, 2017. No application submitted after October 31, 2017, shall be eligible for a
license pursuant to this Section unless submitted pursuant to (e) below.
f) Any license issued pursuant to this Section shall correspond to the type of short term
rental conducted, either primary or non-primary, prior to March 31, 2017.
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.
Mayor
ATTEST:
of Fopry ,.. . ..ro
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4Be_, Qi ty Clerk
ORA9O•
Passed and adopted on final reading on th day of September, A.D. 2017.
Mayor
ATTEST:
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Inter City Clerk SEAL co
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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
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PROJECTCANAL TO STATE HIGH INCLUDED IN THE NEWTON
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AND FACILITIES FUND FOR THE AND APPROVING
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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’
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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
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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
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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
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ECT AND FOR TRANSFER FROM FORT COLLINS,COLORADO
THE CAPITAL PROJECTS FUND TO
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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