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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