HomeMy WebLinkAbout123 - 11/15/2005 - MAKING VARIOUS AMENDMENTS TO THE LAND USE CODE RELATING TO RESIDENTIAL OCCUPANCY LIMITS ORDINANCE NO. 123, 2005
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING VARIOUS AMENDMENTS
TO THE CITY OF FORT COLLINS LAND USE CODE
RELATING TO RESIDENTIAL OCCUPANCY LIMITS
WHEREAS, on March 18, 1997,by Ordinance No. 51, 1997,the Council of the City of Fort
Collins 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, the LUC presently limits the occupancy of all dwelling units in the city to a
"family" as that term is defined in the LUC: and
WHEREAS, the current occupancy regulation contained in the LUC consists of a series of
defined terms, such as "family," "dwelling," "dwelling unit,"etc.,so that the regulation is difficult for
residents of the City to find and fully understand; and
WHEREAS, the current occupancy regulation is also difficult to enforce, not only because
violations of the regulation must be proved beyond a reasonable doubt,but also because there are no
guidelines in the LUC for the finder of fact to use in deciding whether certain persons actually
"occupy" a dwelling unit as opposed to simply frequenting the unit on a regular basis; and
WHEREAS, the City's inability to effectively enforce the current occupancy regulation has
resulted in the overcrowding of dwelling units in the City by non-family members, leading to an
increase in neighborhood disturbances,more vehicles in neighborhoods than can be reasonably and
safely accommodated,a deterioration in the upkeep and appearance of residential properties,and the
wholesale conversion of owner occupied housing to rental housing, all of which jeopardize the
serenity, character and quality of life in such neighborhoods, making the housing therein less
desirable for owner occupancy; and
WHEREAS, a property owner's ability to rent a single-family house to multiple tenants
without regard to the City's occupancy regulations has enabled such property owners to command
higher rents and has increased the cost of such housing to a level that may not be affordable for
moderate income families seeking to purchase single-family homes for owner occupancy; and
WHEREAS,the occupancy regulation can be made more readily enforceable by converting it
to a civil infraction and by adding certain indicia of occupancy to be considered by the finder of fact;
and
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WHEREAS, the more stringent enforcement of a revised occupancy regulation will likely
increase the need for affordable rental housing in the City, which need can be appropriately
addressed by the increased use of boarding and rooming houses, as defined in,and regulated by,the
LUC and the City's Rental Housing Standards; and
WHEREAS, the City Council has commissioned a study of the effects of maintaining and
more stringently enforcing the City's occupancy limits, entitled "Economic and Market Study:
Impact Analysis of'Three Unrelated Persons'Ordinance Enforcement in the City of Fort Collins"
and dated January 2005,and has carefully considered the findings and conclusions contained therein;
and
WHEREAS,the City Council believes it to be in the best interests of the citizens of the City
to amend the LUC so as to: (1)establish anew occupancy regulation that is understandable,fair,and
enforceable; and (2)revise the standards for approving boarding houses in the City so that boarding
houses can better accommodate a reasonable number of tenants in those areas of the City that are
suitable for higher densities; and
WHEREAS, City staff and the Planning and Zoning Board have recommended a series of
amendments to the LUC to accomplish these objectives, and the City Council believes that those
amendments will directly advance the interests and objectives described above; 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 2.14.1. of the Land Use Code is hereby amended to read as
follows:
2.14.1. Methods of Enforcement.
The provisions of this Land Use Code shall be enforced by the following methods:
(1) requirement of a Building Permit;
(2) requirement of a certificate of occupancy;
(3) inspection and ordering removal of violations;
(4) criminal or civil proceedings; and
(5) injunction or abatement proceedings.
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Section 2. That Section 2.14.4 of the Land Use Code is hereby amended to read as
follows:
2.14.4. Criminal and Civil Liability; Penalties.
(A) Except as otherwise specified in this Land Use Code, any person(including,
without limitation, the developer of, owner of, or any person possessing,
occupying or trespassing upon,any property which is subject to this Land Use
Code, or any agent, lessee, employee, representative, successor or assign
thereof)who violates this Land Use Code or who fails to comply with any of
its requirements or who fails to comply with any orders made thereunder,
shall be guilty of a misdemeanor and upon conviction shall be subject to the
penalties provided in Section ]-15 of the City Code. Each day that such a
violation occurs shall constitute a separate offense.Nothing contained herein
shall prevent the city from taking such other lawful action as is necessary to
prevent or remedy any violations of this Land Use Code.
(B) An owner, property manager, or occupant commits a civil infraction by
violating any provision of Section 3.8.16. Each day during which the
limitation on the number of occupants is exceeded shall constitute a separate
violation. A finding that such civil infraction has occurred shall subject the
offender(s)to any or all of the following actions:
(1) the imposition of a civil penalty of not less than five hundred dollars
($500) and not more than one thousand dollars ($1000) for each
violation;
(2) an order to comply with any conditions reasonably calculated to
ensure compliance with the provisions of Section 3.8.16 or with the
terms and conditions of any permit or certificate granted by the city;
(3) an injunction or abatement order;
(4) denial,suspension,or revocation of any city permit or certificate relating
to the dwelling unit.
Section 3. That Section 3.1.1 of the Land Use Code is hereby amended to read
as follows:
3.1.1 Applicability
All development applications and building permit applications shall comply with the
applicable standards contained in Divisions 3.1 through 3.9 inelusive, except that
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single-family dwellings and boarding houses that are subject only to basic
development review under article 4, as well as any accessory buildings, structures
and accessory uses associated with such single-family dwellings and boarding
houses, need to comply only with: (a) the standards contained in Article 4 for the
zone district in which such uses are located, (b)the standards contained in Division
3.8, and (c) with respect to boarding houses, the standards contained in section
3.2.2(K)(1)(j). In addition to the foregoing, this Land Use Code shall also apply to
the use of land following development to the extent that the provisions of this Land
Use Code can be reasonably and logically interpreted as having such ongoing
application.
Section 4. That Section 3.2.2(K)(1)of the Land Use Code is hereby amended to read as
follows:
(e) Fraternity and Sorority Houses: For each fraternity or
sorority house,there shall be two(2)parking spaces per three
(3) bedrooms plus one (1) parking space per two (2)
employees.
(j) Boarding and Rooming Houses: For each boarding and
rooming house, there shall be .75 (3/4) parking space per
boarder, rounded up to the nearest whole parking space,plus
one (1) additional parking space if the boarding house is
owner occupied. If the lot upon which such parking spaces
are to be situated has more than sixty-five (65) feet of street
frontage length on any one (I) street or abuts an alley, then
each such parking space shall have direct access to the
abutting street or alley and shall be unobstructed by any other
parking space. If such lot has less than sixty-five(65)feet of
street frontage length on any one (1) street and does not abut
an alley, then one (1) of the required parking spaces may be
aligned in a manner that does not provide direct access to the
abutting street.
Section 5. That Section 3.8.3 of the Land Use Code is hereby amended to read as
follows:
3.8.3 Home Occupations
A home occupation shall be allowed as a permitted accessory use,provided that all of
the following conditions are met:
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(9) In particular, a home occupation may include, but is not limited to,
the following, provided that all requirements contained herein are
met:
(a) art studio;
(b) dressmaking or millinery work;
(c) professional office;
(d) office for insurance or real estate sales;
(e) teaching.
Section 6. 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,ormulti-
family dwelling shall be:
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.
(B) Exceptions. The following shall be exempt from the maximum occupancy
limit established in subsection (A) of this section:
1. dwellings regularly inspected or licensed by the state or federal
government, including but not limited to group homes; and
2. dwellings owned or operated by a non-profit organization
incorporated under the laws of this state for the purpose of providing
housing to victims of domestic violence as such is defined in C.R.S.
18-6-800.3.
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(C) A violation of this section shall be proven by a preponderance of the
evidence. A person shall be liable for allowing occupancy in excess of this
section if he or she knew, or through reasonable diligence should have
known, that a violation of this section was occurring.
(D) Definitions. The following words, terms and phrases, when used in this
section shall have the meanings ascribed to them below:
(1) "Adult" shall mean any person eighteen (18) years of age or older
who is not a dependent.
(2) "Dependent" shall mean a person related to an adult occupying a
dwelling unit by blood, marriage, adoption, guardianship or other
duly authorized custodial relationship who receives financial support
from said adult and who resides with said 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
portion thereof for living, sleeping and cooking or eating purposes.
Indicia of occupancy may include, without limitation, the use of a
dwelling unit as an address for any purpose, living in a dwelling unit
under an implied lease or express agreement, overnight use of a
dwelling unit for thirty (30) days in a calendar year, or maintaining
clothes or other daily living supplies at a dwelling unit.
(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 a boarding or
rooming 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.
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Section 7. That the Land Use Code is hereby further amended by the addition of a new
Section 3.8.28 which shall read in its entirety as follows:
3.8.28 Boarding and Rooming House Regulations
(A) Boarding and rooming houses shall conform to the occupancy limits and
separation requirements specified in the following table:
Maximum number of Maximum percentage of parcels per
permissible residents, excluding blockface that may be used for boarding
Zone occupant family. houses.
One (1)boarder per three No more than twenty-five (25)percent
L-M-N hundred fifty(350) square feet of parcels on a block face may be
of habitable floor space, in approved for boarding house use.
addition to a minimum of four
hundred (400) square feet of
habitable floor space if owner
occupied.
One (1)boarder per three No limit.
M-M-N, H-M-N, hundred fifty(350) square feet
N-C-B of habitable floor space, in
addition to a minimum of four
hundred (400) square feet of
habitable floor space if owner
occupied.
One (1)boarder per three No limit.
D, R-D-R, C-C, hundred fifty(350) square feet
C-C-N, C-C-R,C, of habitable floor space, in
C-N,N-C, C-L,E, addition to a minimum of four
1 hundred (400) square feet of
habitable floor space if owner
occupied.
n/a Boarding houses not allowed.
R-L, N-C-L, R-F,
U-E, N-C-M, H-
C, P-O-L, R-C
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(B) In all zone districts allowing boarding houses except L-M-N, an application
for boarding house use for five(5)or fewer boarders shall be subject to basic
development review.
(C) In all zone districts allowing boarding houses except L-M-N, an application
for boarding house use for more than five (5) boarders shall be subject to
Type 1 administrative review.
(D) In the L-M-N zone district, an application for boarding house use for four(4)
or fewer boarders shall be subject to basic developmental review.
(E) In the L-M-N zone district, an application for boarding house use for more
than four(4)boarders shall be subject to Type 1 administrative review.
Section S. 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 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:.
Section 9. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of
a new definition of"Owner" which shall read in its entirety as follows:
Owner shall mean any person whose name appears on the tax bill for the property or
who, alone or jointly or severally with others, has legal title to any dwelling or
dwelling unit, with or without actual possession thereof, or has charge, care or
control of any dwelling or dwelling unit as owner,executor,executrix,administrator,
trustee, guardian of the estate of the owner, mortgagee or assignee of rents. Owner
shall not include any person, group of persons, company, association or corporation
who holds only a security interest or easement on the real property upon which the
dwelling or dwelling unit is situated.
Section 10. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of
a new definition of"Property manager' which shall read in its entirety as follows:
Property manager shall mean any person, group of persons, company, firm or
corporation charged with the care and control of rental housing as defined in Section
2-536 of the City Code who performs services with respect to such rental housing
under a contract with the owner thereof or who otherwise acts as representative of an
owner with respect to such rental housing.
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Section 11. That Section 4.4(B)(1) of the Land Use Code is hereby amended by the
addition of a new subparagraph (e) which reads in its entirety as follows:
(e) Residential Uses:
1. Boarding and rooming houses with four (4) or fewer
boarders.
Section 12. That Section 4.4(B)(2)(a) of the Land Use Code is hereby amended by the
addition of a new subparagraph 7 which reads in its entirety as follows:
(a) Residential Uses:
7. Boarding and rooming houses with more than four(4)
boarders.
Section 13. That Section 4.4(B)(3)(a)3. of the Land Use Code is hereby deleted.
Section 14. That Section 4.5(B)(1)of the Land Use Code is hereby amended by the
addition of a new subparagraph (e) which reads in its entirety as follows:
(e) Residential Uses:
1. Boarding and rooming houses with five (5) or fewer
boarders.
Section 15. That Section 4.5(B)(2)(a)7 of the Land Use Code is hereby amended to read
as follows:
(a) Residential Uses:
7. Boarding and rooming houses with more than five(5)
boarders.
Section 16. That Section 4.8(B)(1)(a)4 of the Land Use Code is hereby amended to read
as follows:
(a) Residential Uses:
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4. Boarding and rooming houses with five (5) or fewer
boarders.
Section 17. That Section 4.8(B)(2)(a) is hereby amended by the addition of a new
subparagraph 7 which reads in its entirety as follows:
(a) Residential:
7. Boarding and rooming houses with more than five(5)
boarders.
Section 18. That Section 4.12(B)(2) of the Land Use Code is hereby amended to read as
follows:
(B) Permitted Uses.
(2) The following uses are permitted in the subdistricts of the
Downtown District, subject to Basic Development Review (BP),
administrative (Type 1) Review or Planning and Zoning Board
(Type 2) Review as specifically identified on the chart below:
-------- --- 1 - ..... r . ---- ----
Land Use Old City Center Canyon Avenue Civic Center
Boarding and rooming houses with more Type 1 Type I Type 1
than five(5) boarders
Boarding and rooming houses with five BP BP BP
(5) or fewer boarders
Section 19. That Section 413(B)(1) of the Land Use Code is hereby amended by the
addition of a new subparagraph (e) which reads in its entirety as follows:
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(e) Residential Uses:
1. Boarding and rooming houses with five (5) or fewer
boarders.
Section 20. That Section 4.13(B)(2)(a) of the Land Use Code is hereby amended by
the addition of a new subparagraph 7 which reads in its entirety as follows:
(a) Residential Uses:
7. Boarding and rooming houses with five (5) or fewer
boarders.
Section 21. That Section 4.13(B)(3)(a) of the Land Use Code is hereby amended to
read as follows:
(a) Residential Uses:
1. Group homes other than those in 2(a) above.
Section 22. That Section 4.14(B)(1) of the Land Use Code is hereby amended by the
addition of a new subparagraph (e) which reads in its entirety as follows:
(e) Residential Uses:
1. Boarding and rooming houses with five (5)
or fewer boarders.
Section 23. That Section 4.14(B)(2)(a)5 of the Land Use Code is hereby amended to
read as follows:
(a) Residential Uses:
5. Boarding and rooming houses with more
than five (5)boarders.
Section 24. That Section 4.15(B)(1) of the Land Use Code is hereby amended by the
addition of a new subparagraph (e)which reads in its entirety as follows:
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(e) Residential Uses:
1. Boarding and rooming houses with five (5)
or fewer boarders.
Section 25. That Section 4.15(B)(2)(a)6 of the Land Use Code is hereby amended to read
as follows:
(a) Residential Uses:
6. Boarding and rooming houses with more than
five (5)boarders.
Section 26. That Section 4.16(B)(1) of the Land Use Code is hereby amended by the
addition of a new subparagraph (e) which reads in its entirety as follows:
(e) Residential Uses:
l. Boarding and rooming houses with five(5)or
fewer boarders.
Section 27. That Section 4.16(B)(2)(a) of the Land Use Code is hereby amended by the
addition of a new subparagraph 6 which reads in its entirety as follows:
(a) Residential Uses:
6. Boarding and rooming houses with
more than five (5)boarders.
Section 28. That Section 4.16(B)(3)(a)of the Land Use Code is hereby amended to read
as follows:
(a) Residential Uses:
1. Single-family detached houses located
on lots containing no more than six-
thousand (6,000) square feet.
2. Fraternity and sorority houses.
Section 29. That Section 4.17(B)(1) of the Land Use Code is hereby amended by the
addition of a new subparagraph (e) which reads in its entirety as follows:
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(e) Residential Uses:
1. Boarding and rooming houses with
five(5) or fewer boarders.
Section 30. That Section 4.17(2)(a)5 of the Land Use Code is hereby amended to read as
follows;
(a) Residential Uses:
5. Boarding and rooming houses with
more than five(5)boarders.
Section 31. That Section 4.18(B)(1) of the Land Use Code is hereby amended by the
addition of a new subparagraph (e) which reads in its entirety as follows:
(e) Residential Uses:
1. Boarding and rooming houses with
five(5) or fewer boarders.*
Section 32. That Section 4.18(B)(2)(a)6 of the Land Use Code is hereby amended to read
as follows:
(a) Residential Uses:
6. Boarding and rooming houses with
more than five (5)boarders.*
*Not allowed within two hundred (200) feet of North College Avenue.
Section 33. That Section 4.19(B)(1) of the Land Use Code is hereby amended by the
addition of a new subparagraph (e) which reads in its entirety as follows:
(e) Residential Uses:
1. Boarding and rooming houses with
five (5) or fewer boarders.
Section 34. That Section 4.19(B)(2)(a) of the Land Use Code is hereby amended by the
addition of a new subparagraph 5. which reads in its entirety as follows:
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(a) Residential Uses:
5. Boarding and rooming houses with
more than five(5)boarders.
Section 35. That Section 4.19(B)(3)(a)of the Land Use Code is hereby amended to read as
follows:
(a) Residential Uses:
1. Multi-family dwellings.
Section 36. That Section 4.20(B)(1)(a)5 of the Land Use Code is hereby amended to read
as follows:
(a) Residential Uses:
5. Boarding and rooming houses with
five(5) or fewer boarders.
Section 37. That Section 4.20(B)(2)(a)of the Land Use Code is hereby amended to read as
follows:
(a) Residential Uses:
1. Mixed-use dwelling units.
2. Boarding and rooming houses with
more than five (5)boarders.
Section 38. That Section 4.22(B)(1) of the Land Use Code is hereby amended by the
addition of a new subparagraph (e) which reads in its entirety as follows:
(e) Residential Uses:
1. Boarding and rooming houses with
five (5) or fewer boarders.
Section 39. That Section 4.22(B)(2)(a)of the Land Use Code is hereby amended to read as
follows:
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(a) Residential Uses:
I. Mixed-use dwelling units.
2. Boarding and rooming houses with
more than five(5) boarders.
Section 40. That Section 4.22(B)(3)(a)7. of the Land Use Code is hereby deleted.
Section 41. That Section 4.23(B)(1) of the Land Use Code is hereby amended by the
addition of a new subparagraph (e) which reads in its entirety as follows:
(e) Residential Uses:
I. Boarding and rooming houses with
five(5) or fewer boarders.
Section 42. That Section 4.23(B)(2)(a)of the Land Use Code is hereby amended to read as
follows:
(a) Residential Uses:
1. Mixed-use dwelling units constructed
above nonresidential uses, provided
that the aggregate floor area of all
mixed-use dwelling units does not
exceed the aggregate floor area of all
nonresidential uses in the building.
2. Boarding and rooming houses with
more than five (5)boarders.
Section 43. That Section 4.23(B)(3)(a) of the Land Use Code is hereby deleted and all
subsequent subparagraphs renumbered accordingly.
Section 44. That Section 4.24(B)(1) of the Land Use Code is hereby amended by the
addition of a new subparagraph (e) which reads in its entirety as follows:
(e) Residential Uses:
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1. Boarding and rooming houses with
five (5) or fewer boarders.
Section 45. That Section 4.24(B)(2)(a)4 of the Land Use Code is hereby amended to read
as follows:
(a) Residential Uses:
4. Boarding and rooming houses with
more than five (5) boarders.
Section 46. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of
a new definition "Habitable floor space" which reads in its entirety as follows:
Habitablefloor space shall mean the space in a building approved for living,sleeping,eating,
cooking, bathing, and personal hygiene. Crawl spaces, storage, laundry rooms, utility spaces and
similar areas are not considered habitable spaces.
Section 47. That Section 3.8.16 of the Land Use Code will go into effect January 1,2007,
and all other provisions of this Ordinance will go into effect ten(10)days after second reading of this
Ordinance.
Introduced and considered favorably on first reading and ordered published in summary form
this 18th day of October, A.D. 2005, and to be presented for final passage on the 15th day of
November, A.D., 2005.
Mayo
TTEST:
City Clerk
Passed and adopted on final reading this 15th da ember A.D. 2005.
r
Mayor
ATTEST:
)�4"% , "ft ,.- L
City Clerk
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