HomeMy WebLinkAbout082 - 07/18/1995 - AMENDING CITY CODE REGARDING ACCESSIBLE DWELLING UNIT REQUIREMENTS ORDINANCE NO. 82, 1995
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 5-27 OF THE CODE OF THE CITY OF FORT COLLINS
REGARDING ACCESSIBLE DWELLING UNIT REQUIREMENTS
WHEREAS,the Commission on Disability and the Building Review Board have determined
that theCit 's-ordinance regulating how the rcquirectaccessible dwelling-units must be distributed
in any new multiple-unit housing project with respect to functional features and numbers of
bedrooms available can be interpreted inconsistently,and can thereby affect the number and selection
of new accessible housing units created; and
WHEREAS, the Commission on Disability and the Building Review Board have formed a
joint task team to review the current ordinance and recommend revisions to remove any ambiguity
while maintaining the original intent of ensuring that the disabled population has a selection of
dwelling-unit options available to meet its needs; and
WHEREAS, on April 17, 1995, the Commission on Disability has recommended that the
Council amend Section 5-27 of the Code as hereinafter provided; and
WHEREAS,on April 27, 1995,the Building Review has also recommended that the Council
amend Section 5-27 of the Code as hereinafter provided.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Council hereby finds and determines that all citizens of Fort Collins,
including individuals and family members with disabilities, should have proportionately similar
opportunities and choices in multiple-family housing stock in the City.
Section 2. That Section 5-27 of the Code of the City is hereby amended by repealing and
readopting subsection (47) to read as follows:
Sec. 5-27. Amendments and deletions to code.
(47) L Section 3103(a)(8) is amended by adding the following after the first
sentence:
When any building or buildings, classified as "Group R Division 1
occupancy," are constructed as a single building project(or any phase
thereof) and such building project (or phase) contains one or more
accessible dwelling units as required by this chapter or Colorado law,
said building project (or phase) shall be constructed so that all such
required accessible dwelling units in such building project(or phase)
provide the samefunctional-features-as-are provided in-the-non-
accessible units in such building project (or phase), and such
functional features shall be provided in the same proportion as in the
non-accessible units.
II. Section 3013(a)(8) is further amended by adding the following
exception:
5. Not less than 50% of the required accessible dwelling units
shall be constructed with the distribution of accessible
dwelling unit types being proportionally the same as the
distribution of non-accessible dwelling unit types, provided
that at least one of each dwelling unit type constructed in the
building project (or phase) shall be an accessible dwelling
unit.
III. Section 3103(a)(8) is further amended by adding at the end thereof
the following:
(i) For purposes of this section, the following definitions shall
apply: 'Dwelling unit type" shall mean the number of
bedrooms within the dwelling unit. "Functional feature' shall
mean: a closet, a garage, a carport, a patio, a deck, additional
rooms (such as a bedroom, bathroom, den, storeroom,
laundry, or similar room) and any other significant feature
built at the time of original construction that offers occupants
improved convenience or comfort. Aesthetic or decorative
features such as colors, architectural design elements, trim
and finish materials, decorative heating appliances not
providing the primary comfort heat source, lighting fixture
style, cabinet and hardware style, plumbing fixture style, the
type and location of windows and glazed lights,or any similar
miscellaneous features shall not be construed as functional
features.
(ii) Fractional results in determining the number and type of
dwelling units required to comply with this section shall be
rounded up to the next whole number.
(iii) When the Building Review Board considers granting
exceptions or variances to this chapter pursuant to Section
204 of this code, it shall require the applicant requesting the
exception or variance to demonstrate that the application of a
particular standard or specification would impose an
extraordinary hardship on the subject property, due to unique
conditions resulting from terrain, topography, or geology, or
from other conditions not typically encountered in the City.
Constraints or difficulties associated with compliance with
this chapter and/or with the statutory standards for
accessibility shall not be construed as an extraordinary
hardship.
Introduced, considered favorably on first reading, and ordered published-this 20th day of
June, A.D., 1995, and to be presented for final passage on 18 day of July, A 9
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ayor
ATTEST:
,
City ClerkT�^
(� Passed and adopted on final reading this 18th da y, A.D., 1995.
or
ATTEST:
City Clerk