DC-24-0002: Text Amendments to the Land Use Code related to Residential Occupancy

Approval of Text Amendments to the Land Use Code Related to Residential Occupancy by the Board of County Commissioners.

On June 27, 2024, the Board of County Commissioners (BOCC) approved Docket DC-24-0002: Text Amendments to the Land Use Code Related to Residential Occupancy. The amendments to the Land Use Code remove the Family definition from the Code and add a definition for Household. Uses of the term Family related to residential occupancy, including in the Article 18 Dwelling Unit Definition and Article 4 Single Family Dwelling and Multifamily Dwelling. Use Classifications, are replaced with Household. The terms Single Family Dwelling and Multifamily Dwelling are also amended to remove the word Family and are now Single Unit Dwelling and Multi-Unit Dwelling. Language is also added to the definition for Dwelling Unit that regulates a Dwelling Unit’s occupancy based upon Onsite Wastewater Treatment System standards and the number and size of bedrooms and guestrooms within a Dwelling Unit, with an occupancy maximum of 16 individuals

Resolution 2024-051 – DC-24-0002: Text Amendments to the Land Use Code Related to Residential Occupancy was adopted at a Business Meeting of the Board of County Commissioners, on a July 30, 2024.

•  View Resolution 2024-051, effective July 1, 2024

Background

On May 14, 2024, staff received authorization from the Board of County Commissioners (BOCC) to pursue text amendments to the Boulder County Land Use Code (the Code) related to residential occupancy, specifically Article 18 Family and Dwelling Unit Definitions, Article 4 Single Family Dwelling and Multifamily Dwelling Use Classifications, and any other related Articles and provisions necessary to integrate these changes.

On April 15, 2024, Governor Jared Polis signed HB24-1007, the “HOME (Harmonizing Occupancy Measures Equally) Act” (HOME Act) into law in Colorado. This act prohibits local governments from limiting occupancy in a dwelling unit based on familial relationship, while retaining the right to limit residential occupancy based on demonstrated health and safety standards. This act takes effect on July 1, 2024.

As a result of the enactment of the HOME Act, Community Planning & Permitting staff are proposing an amendment to existing regulations in the Code to redefine how occupancy is regulated. In the Code, the Family definition is how we regulate occupancy in residential dwellings by utilizing the term Family in the definitions of Dwelling Unit, Single Family Dwelling, and Multifamily Dwelling. The proposed amendment to the Code would replace this approach with one which would allow us to continue to regulate occupancy in residential dwellings, without limiting occupancy based on familial relationship.

The anticipated timeline for this code update is as follows:

1. Authorization: May 14, 2024
2. Code development: May 14-29, 2024
3. Finalize draft and publish staff report: May 29-June 5, 2024
4. Planning Commission Public Hearing: June 12, 2024
   • Written public comment June 5-12, 2024.
   • Public comment at Planning Commission Public Hearing on June 12, 2024.
5. Board of County Commissioners Public Hearing: June 27, 2024
   • Written public comment June 5-June 27, 2024.
   • Public comment at BOCC Public Hearing on June 27, 2024.
6. The HOME Act takes effect: July 1, 2024

How to Determine the Occupancy of Your Dwelling

The maximum residential occupancy allowed in a Dwelling Unit is regulated by health and safety standards and is calculated using characteristics specific to each Dwelling Unit. Follow the steps below to determine the occupancy allowed in your Dwelling Unit.

1. Verify the number of individuals permitted by the Onsite Wastewater Treatment System (OWTS) Regulations for your Dwelling Unit.
   • If you have an OWTS for your Dwelling Unit, you can check septic records online for your address and confirm the number of bedrooms your system is sized for. The OWTS Regulations assume two people could occupy each bedroom in a Dwelling Unit. Therefore, the occupancy permitted by the OWTS Regulations is the number of bedrooms your OWTS is sized for, multiplied by two.
   • If you do not have an OWTS for your Dwelling Unit, you can disregard this step.
2. Calculate the number of individuals that can be accommodated within the bedrooms and guestrooms of your Dwelling Unit.
   • Refer to the Boulder County Building Code Amendments for the definitions for bedroom and guestroom to verify which rooms in your Dwelling Unit qualify.
   • Measure the size of each bedroom and guestroom in your Dwelling Unit in square feet. If you have a floorplan for your Dwelling Unit that includes measurements, you may use that to determine the size of each bedroom and guestroom. Each bedroom or guestroom that is at least 70 square feet in size can be occupied by one individual. For every additional 50 square feet above 70, another individual can occupy that bedroom or guestroom. You may reference the table below to verify the number of individuals allowed to occupy one bedroom or guestroom based on its size. If the size of a bedroom or guestroom in your Dwelling Unit is larger than what is included in this table, continue to count one additional occupant for every additional 50 square feet.
   • Add up the number of occupants allowed in each bedroom or guestroom in your Dwelling Unit. That is the total residential occupancy allowed based on this criterion.

     Size of Bedroom or Guestroom in Square Feet (SF)	Number of Occupants Allowed
     70 SF – 119 SF	1
     120 SF – 169 SF	2
     170 SF – 219 SF	3

3. Compare the occupancy calculations for your Dwelling Unit. The lowest occupancy limit determined in steps one and two is the maximum number of individuals that can occupy the dwelling.
   • Note that the overall maximum occupancy limit for Dwelling Units is 16 individuals and in no case can this be exceeded.

Residential Occupancy Example

Let’s go through each step together for a Dwelling Unit in unincorporated Boulder County with 3 bedrooms and an OWTS.

1. After checking the septic records, you determine that the OWTS is sized for four bedrooms, so 4 X 2 = 8 individuals permitted by the OWTS Regulations.
2. Then you measure each bedroom and guestroom in your Dwelling Unit. One bedroom is 120 square feet, which can be occupied by two individuals. The other two are 70 square feet and 90 square feet, so they can each be occupied by one individual. That means the occupancy limit based on this criterion is four individuals.
3. Finally, you compare each of the limits you have calculated. The OWTS permits eight individuals, the bedroom measurements allow for four individuals, and the absolute maximum is 16 individuals. The lowest occupancy limit is four, therefore the occupancy of your Dwelling Unit is four individuals.

For more information on the research and analysis behind DC-24-0002: Text Amendments to the Land Use Code Related to Residential Occupancy, please review the Boulder County Board of County Commissioners Public Hearing Staff Report for June 27, 2024.

Past Public Meetings

Boulder County Board of County Commissioners (BOCC) Public Hearing, June 27, 2024

Docket DC-24-0002: Text Amendments to the Land Use Code Related to Residential Occupancy, specifically Article 18 Family and Dwelling Unit Definitions, Article 4 Single Family Dwelling and Multifamily Dwelling Use Classifications, and any other related Articles and provisions necessary to integrate these changes. Public testimony was taken. View the BOCC Public Hearing video recording on the Board of County Commissioners webpage.

Staff Planner: Cayley Byrne

Documents:

• Document: DC-24-0002 Staff Report, June 27, 2024

Planning Commission Public Hearing, June 12, 2024

Docket DC-24-0002: Text Amendments to the Land Use Code Related to Residential Occupancy, related to Residential Occupancy. Text amendments to the Land Use Code related to residential occupancy, specifically Article 18 Family and Dwelling Unit Definitions, Article 4 Single Family Dwelling and Multifamily Dwelling Use Classifications, and any other related Articles and provisions necessary to integrate these changes. Public testimony was taken. View the PC Public Hearing video recording on the Planning Commission webpage. View the staff report for June 12, 2024.

On June 12, 2024, staff presented proposed text amendments to the Boulder County Land Use Code related to residential occupancy. The proposed changes to the Land Use Code would amend existing regulations in the Code to redefine how residential occupancy is regulated, specifically in Article 18 Family and Dwelling Unit Definitions, Article 4 Single Family Dwelling and Multifamily Dwelling Use Classifications, as well as in any other related Articles and provisions necessary to integrate these changes. The text amendment aims to comply with the passage of the HOME Act and amend the Code to regulate residential occupancy through objective standards. The proposed draft text can be viewed in Exhibit A of the June 12, 2024, Planning Commission Public Hearing staff report.

The Planning Commission opened the floor for public testimony on the proposed regulations during the public hearing, but no public testimony was received.

The Planning Commission discussed Docket DC-24-0002 and recommended that the Board of County Commissioners approve Docket DC-24-0002 Text Amendments to the Land Use Code Related to Residential Occupancy.

The Board of County Commissioners Public Hearing is scheduled for June 27, 2024.

Staff Planner: Cayley Byrne

Documents:

• Documents: DC-24-0002 Staff Report, June 12, 2024

Contact

Cayley Byrne, Long Range Planner I
720-564-2819
cbyrne@bouldercounty.gov