NOTICE OF INTENT To: City of Fort Collins, From: Justie Nicol, Esq. Date: March 7, 2016 Client: ASCSU Re: Notice of Intent to Petition (General Election) NICOL LAW OFFICES To Whom It May Concern: I have been retained by the Associated Students of Colorado State University to assist in drafting and circulating the attached Petition for the General Election in April of 2017. My clients are not requesting a special election at this time. Attached, please find the ful text of the Petition, as required. Due to working with PDF rather than the inal source document, the stock form language appears a bit blurry. lam happy to rectify that issue, but will require an editable word document before being able to do so. ‘We appreciate your assistance in getting this Petition approved as to form, and your help in assembling the Petition sections for circulation. Should your office desire, we are certainly able to make color copies made from the original, approved Petition Section with consecutive numbering or any other such delineation as required. We are happy to make this process as easy on everyone as possible, and we appreciate your assistance in this matter. Initially, we are requesting that each Petition Circulation Section contain 100 signature lines each. Further, we are requesting 100 Sections be prepared. For your reference, the Petition Representatives are: Name Address 1,_Jason Sydoriak 1101 Central Ave Mall, Fort Collins, CO 80521 2. Edward Kendall 1101 Central Ave Mall, Fort Collins, CO 80521 —_3._ Ashley Higgins 1321 Lakewood Drive, Fort Collins, CO 80521 We look forward to receiving the City Clerk's Certificate of Approval for this Petition. Should you have any questions or concerns, please do not hesitate to contact me. Sincerely, Joe Justie De® Nicol, Esq. Managing Partner Nicol Law Offices, LLC 970-670-0378 (office) 970-219-6715 (cell) ustieforjustice@gmail.comPetition Section No. PETITION FOR INITIATIVE TO. The Ciry Council of the City of Fort Collins GENERAL STATEMENT OF PURPOSE PETITION REPRESENTATIVES (aot less than 3, no more than 5) Name Address 1, Jason Sydoriak 1101 Central Ave Mall, Fort Collins, CO 80521 2._ Edward Kendall 1101 Central Ave Mall, Fort Collins, CO 80521 3._Ashley Higgins 1321 Lakewood Drive, Fort Collins, CO 80521 Notes Thre circulation, each petition section shall contain or have altecked im: following this age the fll ext of the proposed ordinance or resolution.PETITION FOR INITIATIVE TO: The City Council of the City of Fort Collins WHEREAS, on March 18, 1997, by its adoption of Ordinance No. 051, 1997, the City of Fort Collins enacted 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 eapable of responding to issues identified by staff, Council members, 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 that occupancy is further regulated by the use of defined terms such as “dwelling,” “dwelling unit,” “adult,” “dependent,” and “occupy;” and WHEREAS, on November 15, 2005, by its adoption of Ordinance 123, 2005 the City changed the occupancy regulations from that known as “Three Unrelated” to “You Plus Two,” changing the definition of the word “family” to be more restrictive, with the stated intent to simplify ordinances because “the [current] regulation is difficult for residents of the City to find and fully understand;” and WHEREAS, on April 20, 2010, by its adoption of Ordinance No. 041, 2010, the City further changed the LUC to allow for temporary guests under a “host family” permitting process, allowing two (2) additional persons for only ten (10) months out of every twelve (12) month period; and WHEREAS, the City has further complicated enforcement and regulation of occupancy limits by relying on provisions providing for Extra Occupancy Rental Houses (hereinafter “EORH”) to supply housing to larger numbers of residents, and such EORH permits may only be granted after extensive review; and such EORH permits are only granted in small, disjointed, portions of the city resulting in piecemeal enforcement and houses even within the same neighborhood being treated differently despite being similarly situated; and WHEREAS, the EORH regulations are extremely difficult to locate, understand or comply with, and EORH certification is cost prohibitive for small, non-commercial landlords and impossible to implement for anyone other than large developers capable of doing full, time-consuming, and costly zoning reviews, and is further impractical unless landlords are building new construction; and WHEREAS, the current occupancy regulation contained in the LUC remains difficult for residents of the City to fully understand despite the long-stated goal of simplifying such regulations; andWHEREAS, the City’s enforcement of the current occupancy regulation increased demand for affordable rental housing in the City, but supply of affordable rental housing has not kept pace, thereby creating artificial market conditions detrimental to the creation and sustainability of housing and population growth, and the City’s projected increased use of EORH houses has not, been utilized to meet increased demand, especially when considering the detrimental impact on the housing market caused by the Recession of 2007-2009 and the effect on the economy, and currently only approximately thirty (30) houses and five (5) apartment complexes city-wide have been approved for EORH permits despite over ten years of the City relying on this regulation; and WHEREAS, the City’s reliance on the LUC as a method of enforcement to ensure peaceful and quiet neighborhoods with plenty of on-street parking is misplaced, and such goals are best enforced by utilizing existing regulatory schemes within nuisance law(s), noise ordinance(s), and parking regulation(s) rather than enforcement of occupancy limits; and WHEREAS, the City has a vested interest in ensuring the citizens have adequate housing, consisting of safe, secure, habitable, and affordable housing, and the City should act to ensure that all classes of citizens should have access to such housing, irrespective of income or socioeconomic class, and by amending the LUC the City will strengthen the resiliency of our population, economy, and society while also enhancing the character and quality of the community; and WHEREAS, the City’s continued enforcement of the LUC’s occupancy regulations will result in irreparable harm to the citizenry and infringe on fundamental rights of privacy, especially if the City should continue proactive enforcement measures such as, but not limited to, continued, pervasive, and exhaustive electronic and in-person surveillance of properties within the city limits to record and report all license plates of vehicles parked at individual address(es) for purpose of establishing who may be considered an overnight guest; and WHEREAS, the citizens of the City of Fort Collins believe it to be in their best interests to amend the LUC so as to: (1) establish a new occupancy regulation that is understandable, fair, and enforceable, and (2) exempt from Extra Occupancy Rental Houses regulation all previously constructed single-family homes not designed as a duplex or multi-family dwelling provided such single-family homes are limited to four or fewer tenants, (3) simplify Extra Occupancy Rental Houses review processes for single-family homes throughout the city, and (3) adjust penalties for noise violations to allow for greater enforcement. WHEREAS, these changes to the LUC will continue to prevent overcrowding of residential units and the associated decline in neighborhood qualify of life, neighborhood appearance, and value of real estate while at the same time providing for changed economic circumstances of our population, serving a larger portion of low-income individuals, and adapting to changed residential conditions with a growing City population. NOW, THEREFORE, BE IT ORDAINED that the Fort Collins Municipal Code and Land Use Code is hereby amended as follows:Section 1. 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, except that single-family dwellings built for four (4) or fewer tenants are not considered Extra Occupancy Rental Houses and are not subject to zoning review of any type on the basis of occupancy, and single-family dwellings may be converted to extra occupancy rental houses for five (5) or more tenants throughout the city regardless of Article 4 zoning classification subject only to basic developmental review at all times, and any other extra occupancy rental houses with occupancy by more than four (4) tenants that are subject only to basic development review under article 4 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 extra occupancy rental houses not single-family dwellings, 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. Additionally, this section applies to any and all accessory buildings, structures and accessory uses associated with such single-family dwellings and extra occupancy rental houses as herein described. Section 2. 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 two (2) additional person(s); or (2) four (4) unrelated adults and their dependents, if any, or (3) wo (2) families as defined in Section 5.1.2. (E) Increasing the Occupancy Limit. (1) With respect to single-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 regardless of article four zoning where such dwelling is located, (2) With respect to bwo-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. (3) With respect to multiple-family dwellings, the decision maker (depending on the type of review, Type | or Type 2) may, upon receipt of a written request from the applicant and upon a finding that all applicable criteria of this Code have been satisfied, increase theSection 3. 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 sufficient additional amenities, either public or private, to sustain the activities associated with multi-family residential development, to adequately serve the occupants of the development and to protect the adjacent neighborhood. Such amenities may include, without limitation, passive open space, buffer yards, on-site management, recreational areas, plazas, courtyards, outdoor cafes, limited mixed-use restaurants, parking areas, sidewalks, bikeways, bus shelters, shuttle services or other facilities and services. 3.8.28 — Extra Occupancy Rental House Regulations ‘That section 3.8.28 of the Land Use Code is hereby amended to read as follows: (A) Extra occupaney rental houses shall conform to the occupancy limits and separation requirements specified in the following table. Nothing in this dwelling units complying with section 3.8.16 occupancy limit ction shall apply to single-family Zone Maximum number of | Maximum percentage of parcels Type of Review permissible residents, | per block face that may be used excluding occupant for extra occupancy houses family L-M-N | One(1) tenant per three | No more than twenty-five (25) An application for extra hundred fifty (350) square feet of habitable floor space, in addition to a minimum of four ‘hundred (400) square feet of habitable floor space if owner-occupied percent of parcels on a block face may be approved for extra ‘occupancy rental house use, except that single-family dwelling units shall always be granted an increase in the number of tenants regardless of the percentage of. other homes on the block face already with such status and provided that all other requirements are met, including ‘minimum square footage, parking stall requirements, etc, or a variance to such requirements is obtained. occupancy rental house for five (5) or more tenants shall be subject to Type 1 administrative review except a single-family dwelling unit, which shall be subject to basic developmental review only and regardless of the number of occupants.square feet of habitable floor space, in addition to. a minimum of four hundred (400) square feet of habitable floor space if owner- occupied. M-M-N, | One (1) tenant per three No limit. An application for extra HMN, hundred fifty (350) occupancy rental house use for N-CB | square feet of habitable five (5) or six (6) tenants shall floor space, in addition be subject to basic development to a minimum of four review. Such an application ‘hundred (400) square for more than six (6) tenants feet of habitable floor shall be subject to Type 1 space if owner- administrative review, except a ‘occupied. single-family dwelling unit, which shall be subject to basic developmental review only and regardless of the number of occupants. One (1) tenant per three No limit. An application for extra hundred fifty (350) occupancy rental house use for five (5) or six (6) tenants shall be subject to basic development review, Such an application for more than six (6) tenants shall be subject to Type 1 administrative review, except a single-family dwelling unit, which shall be subject to basic developmental review only and regardless of the number of occupants. R-L,Ne CL, RF, U-E,N- CM, H- C,P-O-L, RC ‘One (1) tenant per three hundred fifty (350) square feet of habitable floor space, in addition to. a minimum of four hundred (400) square feet of habitable floor space if owner- occupied. Extra occupancy rental house status shall be granted for these zones only for single-family dwelling units complying with all other requirements (minimum square footage, parking stall requirements, and all other zoning requirements) or obtaining a variance to such requirements. Extra occupancy rental house status for two-family or multiple- family dwelling units not allowed in these zones. An application for extra occupancy rental house use for five (5) or six (6) tenants shall be subject to basic development review. Such an application for more than six (6) tenants shall be subject to Type 1 administrative review, except a single-family dwelling unit, which shall be subject to basic developmental review only and regardless of the number of occupants.Section 4. That section 5.1.2 of the Land Use Code is hereby amended to read as follows: 5.1.2 - Definitions Dwelling, two-family shall mean a dwelling containing two (2) dwelling units, commonly known as a duplex, but shall not include a single-family dwelling unit with two families occupying it at one time, as defined herein and as described in 3.8.16. Extra occupancy rental house shall mean a building or portion of which is used to accommodate, for compensation, five (5) or more tenants, boarders or roomers, not including members of the occupants immediate family who might be occupying such building. The word compensation shall include compensation in money, services or other things of value. Section 5, That section 4.1(B)(2) of the Land Use Code is hereby amended to read as follows: (a) Residential Uses: 1. Single-family detached dwellings on lots containing at least ten (10) actes, except that converting single-family dwellings to extra occupancy rental houses pursuant t0 3.8.28 shall be subject only to basic development review. Section 6. That section 4.1(B)(3) of the Land Use Code is hereby amended to read as. follows: (a) Residential Uses: 1. Single-family detached dwellings in residential cluster developments, except that such residential cluster developments shall, to the maximum extent feasible, be located at least one thousand three hundred twenty (1,320) feet (one-quarter [4] mile) from the centerline of Interstate Highway 25 (I-25), except that converting single-family dwellings to extra occupancy rental houses pursuant to 3.8.28 shall be subject only to basic development review. Section 7, That section 4.2(B)(2) of the Land Use Code is hereby amended to read as follows : (@) Residential Uses:1, Single-family detached dwellings, except that converting single-family dwellings to extra occupancy rental houses pursuant to 3.8.28 shall be subject only to basic development review. 3. Single-family attached dwellings, except that converting single-family dwvellings to extra occupancy rental houses pursuant to 3.8.28 shall be subject only to basic development review. Section 8. That section 4.2(B)(3) of the Land Use Code is hereby amended to read as follows: (a) Residential Uses: 1, Residential cluster developments, except that converting single-family dwellings to extra occupancy rental houses pursuant to 3.8.28 shall be subject only to basic development review. Section 9, That section 4.3(B)(3) of the Land Use Code is hereby amended to read as follows: (a) Residential Uses: 1. Single-family detached dwellings, except that converting single-family dwellings to extra occupancy rental houses pursuant to 3.8.28 shall be subject only to basic development review. 2. Residential cluster developments, except that converting single-family dwellings to extra occupancy rental houses pursuant to 3.8.28 shall be subject only to basie development review. Section 10, That section 4.4(B)(1) of the Land Use Code is hereby amended to read as follows: (a) Residential Uses: 1. Single-family detached dwellings, except that converting single-family dwellings to extra occupancy rental houses pursuant to 3.8.28 shall be subject only to basic development review. Section 11, That section 4.4(B)(2) of the Land Use Code is hereby amended to read as, follows: (a) Residential Uses:1. Single-family detached dwellings, except that converting single-family dwellings to extra occupancy rental houses pursuant to 3.8.28 shall be subject only to basic development review. Section 12, _ That section 4.5(B)(2) of the Land Use Code is hereby amended to read as follows: (a) Residential Uses: 1. Single-family detached dwellings, except that converting single-family dwellings to extra occupancy rental houses pursuant to 3.8.28 shall be subject only to basic development review. 3. Single-family attached dwellings, except that converting single-family dwellings to extra occupancy rental houses pursuant to 3,8.28 shall be subject only to basic development review. 7. Extra Occupancy rental houses with five (5) or more tenants, except that converting single-family dwellings to extra occupancy rental houses pursuant to 3.8.28 shall be subject only to basic development review regardless of the number of tenants. Section 13. That section 4.6(B)(1) of the Land Use Code is hereby amended to read as follows: ( Residential Uses: 1. Extra occupancy rental houses with five (5) or fewer tenants, except that converting single-family dwellings to extra occupancy rental houses pursuant to 3.8.28 shall be subject only to basic development review regardless of the number of tenants. Section 14. That section 4.6(B)(2) of the Land Use Code is hereby amended to read as follows: @ Residential Uses: 1. Single-family detached dwellings on lots containing no more than six thousand (6,000) square feet, except that converting single-family dwellings to extra occupancy rental houses pursuant to 3.8.28 shall be subject only to basic development review.3. Single-family attached dwellings, except that converting single-family dwellings to extra occupancy rental houses pursuant to 3.8.28 shall be subject only to basic development review. 7. Extra occupancy rental houses with more than five (5) tenants, except that converting single-family dwellings to extra occupancy rental houses pursuant to 3.8.28 shall be subject only to basic development review regardless of the number of tenants. Section 15, That section 4.7(B)(1) of the Land Use Code is hereby amended to read as follows: (a) Residential Uses: 1. Single-family detached dwellings, but not to include carriage houses, except that converting single-family dwellings to extra occupancy rental houses pursuant to 3.8.28 shall be subject only to basic development review: Section 16, That section 4.7(B)(2) of the Land Use Code is hereby amended to read as follows: (a) Residential Uses: 1, Single-family detached dwellings when there is more than one (1) dwelling on the lot or when the lot has only alley frontage, except that converting single-family dwellings (0 extra occupancy rental houses pursuant to 3.8.28 shall be subject only to basic development review. Section 17, That section 4.8(B)(1) of the Land Use Code is hereby amended to read as follows: (@ Residential Uses: 1. Single-family detached dwellings, but not to include carriage houses, except that converting single-family dwellings to extra occupancy rental houses pursuant to 3.8.28 shall be subject only to basic development review. Section 18. That section 4.8(B)(2) of the Land Use Code is hereby amended to read as follows: (@) Residential Uses: 1. Single-family detached dwellings, when there is more than one (1) principal building, on the lot or when the lot has only alley frontage, except that converting single-familydwellings to extra occupancy rental houses pursuant t0 3.8.28 shall be subject only to basic development review. Section 19. That section 4.9(B)(1) of the Land Use Code is hereby amended to read as follows: (a) Residential Uses: 1. Single-family detached dwellings, but not to include carriage houses, except that converting single-family dwellings to extra occupancy rental houses pursuant to 3.8.28 shall be subject only to basic development review. 4, Extra occupancy rental houses with five (5) or fewer tenants, except that converting single-family dwellings to extra occupancy rental houses pursuant to 3.8.28 shall be subject only 10 basic development review regardless of number of tenants. Section 20, That section 4.9(B)(2) of the Land Use Code is hereby amended to read as follows: (a) Residential Uses; 1, Single-family detached dwellings when there is more than one (1) principal building on the lot and/or when the lot has only alley frontage, except that converting single family dwellings to extra occupancy rental houses pursuant to 3.8.28 shall be subject only to basic development review. 7. Extra occupancy rental houses with more than five (5) tenants, except that converting single-family dwellings to extra occupancy rental houses pursuant to 3.8.28 shall be subject only to basic development review regardless of number of tenants. Section 21. That section 4.9(B)(3) of the Land Use Code is hereby amended to read as. follows: (a) Residential Uses: 2. Single-family attached dwellings, except that converting single-family dwellings to extra occupancy rental houses pursuant to 3.8,28 shall be subject only to basic development review. Section 22. That section 4.10(B)(1) of the Land Use Code is hereby amended to read as follows:(©) Residential Uses: 1, Extra occupancy rental houses with five (5) or fewer tenants, except that converting single-family dwellings to extra occupancy rental houses pursuant to 3.8.28 shall be subject only to basic development review regardless of number of tenants. Section 23. That section 4.10(B)(2) of the Land Use Code is hereby amended to read as follows: (a) Residential Uses: 4, Extra occupancy rental houses with more than five (5) tenants, except that converting single-family dwellings to extra occupancy rental houses pursuant to 3.8.28 shall be subject only to basic development review regardless of number of tenants. Section 24, That section 4.14(B)(2) of the Land Use Code is hereby amended to read as follows: (a) Residential Uses: 1. Single-family detached dwellings on lots of forty (40) acres or larger, except that converting single-family dwellings to extra occupancy rental houses pursuant to 3.8.28 shall be subject only to basic development review. Section 25, That section 4.16(B)(2) of the Land Use Code is hereby amended to read as follows ‘The following uses are permitted in the subdistricts of the Downtown District, subject to Basic Development Review (BDR), administrative (Type 1) Review or Planning and Zoning Board (Type 2) Review as specifically identified on the chart below: Old City Canyon | Civie Pang Ute Center Avenue Center ARESIDENTIAL . Not | a | Not Two-family dwellings Permitted | TY?! | permitted | ‘Single-family attached dwellings, except that converting = single-family dwellings to extra occupancy rental houses Not . ‘pursuant to 3.8.28 shall be subject only to basic Permitted | TYP¢! Type development review.Single-family detached dwellings which were subsequently converted to a different use and are proposed to be retumed BDR BDR — BDR to their original use ‘Any residential use consisting in whole or in part of multi family dwellings that contain fifty (50) dwelling units or = BDR | Type2 Type 2 less, and seventy-five (75) bedrooms or less “Any residential use consisting in whole or in part of multi- family dwellings that contain more than fifty (50) dwelling Type2 | Type2 Type 2 units, or more than seventy-five (75) bedrooms Group homes Typel Type2 Type Mixed-use dwellings BDR — Typel_— Type! Extra occupancy rental houses with more than five (5) tenants, except that converting single-family dwellings to extra occupancy rental houses pursuant to 3.8.28 shall be Typel | Type1 | Type 1 subject only to basic development review regardless of | number of tenants. Extra occupancy rental houses with five (5) or fewer tenants, | except that converting single-family dwellings to extra | ‘occupancy rental houses pursuant to 3.8.28 shall be subject. BDR BDR BDR only to basic development review regardless of number of | tenants. | a — - Fraternity and sorority houses pennite | Type2 oni ed Shelters for victims of domestic violence BP BP BP Section 26. That section 4.17(B)(1) of the Land Use Code is hereby amended to read as follows: (e) Residential Uses: 1. Extra occupancy rental houses with five (5) or fewer tenants, except that converting single-family dwellings to extra occupancy rental houses pursuant to 3.8.28 shall be subject only to basic development review regardless of number of tenants.Section 27, That section 4.17(B)(2) of the Land Use Code is hereby amended to read as, follows: (a) Residential Uses: 1. Single-family attached dwellings, except that converting single-family dwellings 10 extra occupancy rental houses pursuant to 3.8.28 shall be subject only to basic development review. 2. Single-family detached dwellings containing no more than eight hundred (800) square feet of floor area, constructed on lots which contain existing dwellings, except that converting single-family dwellings to extra occupancy rental houses pursuant to 3.8.28 shall be subject only to basic development review. 7. Extra occupancy rental houses with more than five (5) tenants, except that converting single-family dwellings to extra occupancy rental houses pursuant to 3.8.28 shall be subject only to basic development review regardless of number of tenants, Section 28. That section 4.18(B)(1) of the Land Use Code is hereby amended to read as follows: © Residential Uses: 1, Extra occupancy rental houses with five (5) or fewer tenants, except that converting single-family dwellings to extra occupancy rental houses pursuant to 3.8.28 shall be subject only to basic development review regardless of number of tenants. Section 29. That section 4.18(B)(2) of the Land Use Code is hereby amended to read as follows (a) Residential Uses: 1. Single-family attached dwellings, except that converting single-family dwellings to extra occupancy rental houses pursuant to 3.8.28 shall be subject only t0 basic development review. 5, Extra occupancy rental houses with more than five (5) tenants, except that converting single-family divellings to extra occupancy rental houses pursuant to 3.8.28 shall be subject only to basic development review regardless of number of tenants.Section 30, That section 4.19(B)(1) of the Land Use Code is hereby amended to read as follows: © Residential Uses: 1. Extra occupaney rental houses with five (5) or fewer tenants, except that converting single-family dvvellings to extra occupancy rental houses pursuant to 3.8.28 shall be subject only to basic development review regardless of number of tenants, Section 31. ‘That section 4.19(B)(2) of the Land Use Code is hereby amended to read as follows: (a) Residential Uses: 1, Single-family detached dwellings on lots containing less than six thousand (6,000) square feet, except that converting single-family dwellings to extra occupancy rental houses pursuant to 3.8.28 shall be subject only to basic development review. 3. Single-family detached dwellings, except that converting single-family dwellings to extra occupaney rental houses pursuant to 3.8.28 shall be subject only to basic development review. 5. Extra occupancy rental houses with more than five (5) tenants, except that converting single-family dwellings to extra occupancy rental houses pursuant t0 3.8.28 shall be subject only to basic development review regardless of number of tenants Section 32. That section 4.20(B)(1) of the Land Use Code is hereby amended to read as follows: (©) Section 33. That section 4.20(B)(2) of the Land Use Code is hereby amended to read Residential Uses: 1. Extra occupancy rental houses with five (5) or fewer tenants, except that converting single-family dwellings to extra occupancy rental houses pursuant to 3.8.28 shall be subject only to basic development review regardless of number of tenants. follows: @ Residential Uses1, Single-family attached dwellings, except that converting single-family dwellings to extra occupancy rental houses pursuant to 3.8.28 shall be subject only to basic development review. 6. Extra occupancy rental houses with more than five (5) tenants, except that converting single-family dwellings to extra occupancy rental houses pursuant to 3.8.28 shall be subject only to basic development review regardless of number of tenants. Section 34, That section 4.20(B)(3) 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, except that converting single-family dwellings to extra occupancy rental houses pursuant t0 3.8.28 shall be subject only to basic development review. Section 35. That section 4.21(B)(2) of the Land Use Code is hereby amended to read as follows: The following uses are permitted in subdistricts of the C-G District, subject to Basic Development Review (BDR), Administrative (Type 1) Review or Planning and Zoning Board (Type 2) Review as specifically identified on the chart below: General 1-25/SH ‘Commercial Land Use 392(CAC) District (C6) - A. RESIDENTIAL Extra occupancy rental houses with 5 or fewer tenants except that converting single-family dwellings to extra occupancy rental Not BOR houses pursuant to 3.8.28 shall be subject only to basic permitted development review regardless of number of tenants She woth «colon Not Shelters for vietims of domestic violence BDR permitted Mixed-use dwellings Type 1 Type 1Any residential use consisting in whole or in part of multi-family . . Not dwellings that contain fifty (50) dwelling units or less, and = 4 Type 1 seventy-five (75) bedrooms or less Ps Any residential use consisting in whole or in part of multi-family dwellings that contain more than fifty (50) dwelling units, or Type 2 more than seventy-five (75) bedrooms Pp “Group homes ~~ Type 2 Type 1 Single-family attached dwellings, except that converting single- - Not family dwellings to extra occupancy rental houses pursuant 10 et Type I 3.8.28 shall be subject only to basic development review. Not Two-family dwellings permitted Type 1 Extra-occupancy rental houses with more than 5 tenants, except . that converting single-family dwellings to extra occupancy rental Not Type 1 | houses pursuant to 3.8,28 shall be subject only to basic permitted | development review regardless of number of tenants Section 36. That section 4.22(B)(1) of the Land Use Code is hereby amended to read as follows: (©) Residential Uses: 1. Extra occupancy rental houses with five (5) or fewer tenants, except that converting single-family dwellings to extra occupancy rental houses pursuant to 3.8.28 shall be subject only to basic development review regardless of number of tenants. * Section 37, That section 4.22(B)(2) of the Land Use Code is hereby amended to read as follows: (@) Residential Uses: 1, Single-family detached dwellings located on lots containing less than six thousand (6,000) square feet, except that converting single-family dwellings to extra occupancy rental houses pursuant to 3.8.28 shall be subject only to basic development review. *3. Single-family attached dwellings, except that converting single-family dwellings to extra occupancy rental houses pursuant to 3.8,28 shall be subject only to basic development review. * 6. Extra occupancy rental houses with more than five (5) tenants, except that converting single-family dwellings to extra occupancy rental houses pursuant to 3.8.28 shall be subject only to basic development review regardless of number of tenants.* * Not allowed within two hundred (200) feet of North College Avenue. Section 38, That section 4.23(B)(1) of the Land Use Code is hereby amended to read as follows: (©) Residential Uses: 1. Extra occupancy rental houses with five (5) or fewer tenants, except that converting single-family dwellings to extra occupancy rental houses pursuant to 3.8.28 shall be ‘subject only to basic development review regardless of number of tenants. Section 39. That section 4.23(B)(2) of the Land Use Code is hereby amended to read as follows: (a) Residential Uses: 1. Single-family attached dwellings, except that converting single-family dwellings to extra occupancy rental houses pursuant to 3.8.28 shall be subject only to basic development review. 5. Extra occupancy rental houses with more than five (5) tenants, except that converting single-family dwellings to extra occupancy rental houses pursuant to 3.8.28 shall be ‘subject only to basic development review regardless of number of tenants Section 40. That section 4.24(B)(2) of the Land Use Code is hereby amended to read as. follows: The following uses are permitted in subdistricts of the C-L District, subject to Basic Development Review (BDR), Administrative (Type 1) Review or Planning and Zoning Board (Type 2) Review as specifically identified on the chart below:Riverside J Land Use a "A. RESIDENTIAL Single-family detached dwellings, including converting single-family dwellings to extra occupancy rental houses pursuant to 3.8.28 regardless BDR of number of tenants. ~ Two-family dwellings Single-family attached dwellings, including converting single-family dwellings to extra occupancy rental houses pursuant to 3.8.28 regardless BDR of number of tenants ‘Any residential use consisting in whole or in part of multi-family dwellings that contain fifty (50) dwelling units or less, and seventy-five | BDR (75) bedrooms or less Any residential use consisting in whole or in part of multi-family _ dwellings that contain more than fifty (50) dwelling units, or more than Type 2 seventy-five (75) bedrooms Group homes Mixed-use dwellings Extra occupancy rental houses with five (5) or fewer tenants, including converting single-family dwellings to extra occupancy rental houses BDR pursuant to 3.8.28 shall be subject only to basic development review regardless of number of tenants. Extra occupancy rental houses with more than five (5) tenants, except that converting single-family dwellings to extra occupancy rental houses ‘pursuant to 3.8.28 shall be subject only to basic development review DP¢? regardless of number of tenants. B. INSTITUTIONAL/CIVIC/PUBLIC ‘Fraternity and sorority houses BDR Shelters for victims of domestic violence BDR All Other Areas BDR BDR BDR Type 1Section 41, ‘That section 4.26(B)(3) of the Land Use Code is hereby amended to read as follows: (a) Residential Uses: 1, Single-family detached dwellings, except that converting single-family dwellings to extra occupancy rental houses pursuant to 3.8.28 shall be subject only to basic development review. 2. Single-family attached dwellings, except that converting single-family dwellings to extra occupancy rental houses pursuant to 3.8.28 shall be subject only to basic development review. Section 42, That section 4.27(B)(1) of the Land Use Code is hereby amended to read as, follows: (©) Residential Uses: 1. Extra occupancy rental houses with five (5) or fewer tenants, except that converting single-family dwellings to extra occupancy rental houses pursuant to 3.8.28 shall be subject only to basic development review regardless of number of tenants. Section 43, That section 4.27(B)(2) of the Land Use Code is hereby amended to read as, follows: (@)__ Residential Uses: 2. Extra occupaney rental houses with more than five (5) tenants, except that converting single-family dwellings to extra occupancy rental houses pursuant to 3.8.28 shall be subject only to basic development review regardless of number of tenants. Section 44, ‘That section 4.27(B)(3) of the Land Use Code is hereby amended to read as follows: (a) Residential Uses: 1, Single-family detached dwellings located on lots containing no more than six thousand (6,000) square feet, except that converting single-family dwellings to extra occupancy rental houses pursuant to 3.8.28 shall be subject only to basic development review.3. Single-family attached dwellings, except that converting single-family dwellings to extra occupancy rental houses pursuant to 3.8.28 shall be subject only to basic development review. Section 45. That Chapter 17, Article VII, Section 17-129 of the Fort Collins Municipal Code is hereby amended to read as follows: a. No person shall make, continue or cause to be made or continued any unreasonable noise; and zn person shall knowingly permit such noise upon any premises or in or upon any vehicle owned or possessed by such person or under such person's control or operation. ¢. Prosecution for violations pursuant to this Section 17-129 may be enforced by either civil or criminal penalties as provided for in Chapter 1, Section 1-15 of the Fort Collins Municipal Code, except that repeat violations by the same property, property owner, or individual shall be prosecuted as a misdemeanor violation and not as a civil infraction, Restitution for noise violations may also be ordered pursuant to Chapter 1, Section 1-15(e) of the Fort Collins Municipal Code, and such orders may include reimbursement as specified for violations of nuisance law pursuant to Chapter 20 of the Fort Collins Municipal Code, in addition to all such other orders as the Court sees fit.