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) held a public hearing to consider proposed text amendments to the Boulder County Land Use Code related to residential occupancy, as presented by staff.

The 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, will be replaced with Household. The terms Single Family Dwelling and Multifamily Dwelling will also be amended to remove the word Family and will become Single Unit Dwelling and Multi-Unit Dwelling.

Final adoption of DC-24-0002: Text Amendments to the Land Use Code Related to Residential Occupancy will be at a Business Meeting of the Board of County Commissioners, on a date to be determined.

Past Public Meetings

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

Docket DC-24-0002: Text Amendments to the Land UseCode Related to Residential Occupancy

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

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

Planning Commission Public Hearing, June 12, 2024

Docket DC-24-0002: Text Amendments to the Land UseCode Related to Residential Occupancy

Docket DC-24-0002, Text Amendments to the Land Use Code 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

Staff Packet: DC-24-0002: June 12, 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

Contact

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