8256 - AMENDING STANDARDS FOR ACCESSORY DWELLING UNITS AND OWNER ACCESSORY UNITS INCLUDING SECTION 4-20-43, “DEVELOPMENT APPLICATION FEES,” TITLE 9, “LAND USE CODE,” AND SECTION 10-3-19, “SHORT-TERM RENTALS,” B.R.C. 1981 I ORDINANCE 8256
2 AN ORDINANCE AMENDING STANDARDS FOR
ACCESSORY DWELLING UNITS AND OWNER ACCESSORY
3 UNITS INCLUDING SECTION 4-20-43, "DEVELOPMENT
APPLICATION FEES," TITLE 9, "LAND USE CODE," AND
4 SECTION 10-3-19, "SHORT-TERM RENTALS," B.R.C. 1981,
AND SETTING FORTH RELATED DETAILS.
5
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER,
6
7 COLORADO:
8 Section 1. Section 1-2-1, "Definitions," B.R.C. 1981, is amended to read as follows:
9 1-2-1. -Definitions.
10 (a) The definitions in this chapter apply throughout this code unless a term is defined differently
11 in a specific title, chapter or section.
(b) The following words used in this code and other ordinances of the City have the following
12 meanings unless the context clearly indicates otherwise:
13
Kitchen means any part of a room or dwelling unit that can be used for the preparation of food
14 that includes one or more of the following: a refrigerator, cooking device, food storage eabi et,
kitchen sink, or dishwasher. The following do not constitute a kitchen under this definition: (11
15 a wet bar: or (2) an ancillary refrigerator that is used solely to store food that is prepared in the
kitchen of a principal dwelling unit.
16
17
Section 2. Section 4-20-43, "Development Application Fees," B.R.C. 1981, is amended
18
and subsequent paragraphs shall be renumbered, to read as follows:
19
20 (b) Land use regulation fees:
21 ..
22 (11)An applicant for an attached accessory dwelling unit permit shall pay ..... $420.00
(12)An appheant for-the transfer-of an aecessery dwelling unit shall pa ....
23
(12-3) An applicant for an owner's-detached accessory dwelling unit shall pay..... $420.00
24 (14)An appheant for the tmnsfeF of an ow er-'s aeoessery unit shall pay ..... $16
25 (13-5) An applicant for a limited accessory unit shall pay ..... $420.00
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] (16) An applieant f6f the transfer of a limited aeC-Essefy unitsh lam p ..... $168.00
2 ..
3 Section 3. Section 9-2-3,"Variances and Interpretations,"B.R.C. 1981,is amended to read
4 as follows:
5 9-2-3.—Variances and Interpretations.
6
(d) Board of Zoning Adjustment(BOZA): The BOZA may grant variances from the requirements
7 of:
8 (1) Setback, separation and bulk plane requirements listed in Section 9-7-1, "Schedule of
Form and Bulk Standards," B.R.C. 1981, and standards referred to in that section;
9 (2) The building coverage requirements of Section 9-7-11, "Maximum Building Coverage,"
and chapter 9-10, "Nonconformance Standards," B.R.C. 1981;
10
(3) The spacing requirements for mobile homes of Section 9-7-13, "Mobile Home Park
11 Form and Bulk Standards," B.R.C. 1981;
(4) The porch setback and size requirements of Section 9-7-4, "Setback Encroachments for
12 Front Porches," B.R.C. 1981;
13 (5) The side yard wall articulation standards of Section 9-7-10, "Side Yard Wall
Articulation Standards," B.R.C. 1981;
14 (6) The size and pafking setbaek requirements for accessory units of Subsection 9-6-3(a),
15 B.R.C. 1981;
(7) The total cumulative building coverage requirements for accessory buildings of Section
16 9-7-8, "Accessory Buildings in Residential Zones," B.R.C. 1981;
17 (8) The use of a mobile home for nonresidential purposes subject to the requirements of
Subsection 10-12-6(b), B.R.C. 1981;
18 (9) The parking requirements of Subsection 9-9-6(d), B.R.C. 1981,with regards to parking
19 in landscaped front yard setbacks; and
(10) Sign code variances and appeals as permitted by Subsection 9-9-21(s), B.R.C. 1981.
20 In granting any variance,the board may attach such reasonable conditions and safeguards as it
21 deems necessary to implement the purposes of this title.
22
(i) Floor Area Variances for Accessory Units: The BOZA may grant a variance to the
23 maximum floor area allowed for an attached accessory dwelling unit or for a detached
accessory dwelling unit under Subsection 9-6-3(a), B.R.C. 1981, only if it finds that the
24 application satisfies all of the following applicable requirements of either subparagraph(il(11
or(i)(2):
25
(1) House Configuration:
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1A)-That the interior configuration of the house structure is arranged in such a manner
that the space to be used as the attached accessory dwelling unit or detached
2 accessory dwelling unit cannot feasibly be divided in conformance with the size
requirements;
(2B)That the variance, if granted, meets the essential intent of this title, and would be
4 the minimum variance that would afford relief; and
(3,C)That the strict application of the provisions at issue would impose an undue and
5 unnecessary hardship on the individual and that such hardship has not been created
by the applicant:
2) Unusual Physical Conditions:
7 (A) That there are unusual physical circumstances or conditions in the design of the
8 existing structure the accessory unit would be in, including without limitation the
thickness of exterior walls or framing, that affect the total allowed interior floor
9 area of the accessory unit:
B) That the unusual circumstances or conditions do not exist through the
neighborhood or the zoning district in which the property is located;
I (C) That the variance, if granted, would not alter the essential character of the
neighborhood or zoning district the property is in:
12 D) That the variance, if granted, would be the minimum variance that would afford
13 relief: and
E) That the accessory unit would be clearly incidental to the principal dwelling unit.
14
15 Section 4. That portion of Table 6-1 in Section 9-6-1, "Schedule of Permitted Land Uses,"
16
B.R.C. 1981, related to accessory units, is amended to read as follows:
17
TABLE 6-1: USE TABLE
18RH
RR
R 1,
19 1, RL- M- R RH RH BT- BC BR DT is-
19 RR 2, 1, RM M -2, -3, R M MU MU MU M 1, B -1, BC -1, DT DT 1, 1,
2, H- U- M DT- IG IM IMS P A
District RERM- R X-1 X- RH RH 6 H -3 -1 -2 4 BT- S 2 2 BC S BR -4 -5 2 2
IS-
20 RL- 2 M- 2 H 7 2 DT-3
1 -5
21
Speci
Use fie
22 Modules RI R2 R3 R4 R5 R6 R7 8 H M1 M2 M3 M4 BI B B3 B4 B5 D1 D2 D3 11 12 13 I4 P A Use
Stan
dard
23
Accessory units:
24
25 Atta hed C C x AC AC a x a r t x CC 9-6j
3a
accessory
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1 dwelling
unit
B.
Owner-'s
3
Detached C *__CC * A * 9-6-
* * * w • : � • :t � + * s * • � w � ,t � +
accessory C C C 3(a)
� dwelling — —
4 unit
I
5 c.
Limited x • t * t t * t + + x • + • + + • x k + « 9-6-
accessory C 3(a)
6 unit
1 Caretake
dwelling A A A A A A
8 unit
9
Section 5. Section 9-6-3, "Specific Use Standards — Residential Uses," B.R.C. 1981, is
10
amended to read as follows:
11
12 9-6-3.—Specific Use Standards—Residential Uses.
(a) Accessory Units:
13 (1) General Requirements: Three types of accessory units are permitted: Attached
14
Accessory Dwelling Units, Ow�TDetached Accessory Dwelling Units, and Limited
Accessory Units. The following standards apply to all three types of accessory units:
15 (A) Standards:
16 (i) Owner-Occupied: The owner—E)f the prepeAy mustTesiae -in one e
pef ire&principal dwelling units or accessory unit on theme parcel or lot
17 must be owner-occupied.
18 (ii) Occupancy Requirement: The eeeupaney of any aeeessei=y unit Must not
For purposes of determining occupancy requirements
19 under Section 9-8-5. "Occupancy of Dwelling Units." B.R.C. 1981, the
principal dwelling unit and accessory unit shall be considered one dwelling
-)o unit. The occupancy of the ^,.per- ,,,.,.,, ie principal dwelling unit together
with the occupancy of any accessory unit deesshall not exceed the occupancy
21 requirements set forth in Section 9-8-5, "Occupancy of Dwelling Units,"
B.R.C. 1981, for one dwelling unit: provided, however, for purposes of this
22 section only, any occupant and his or her dependents shall be counted as one
person. The floor area limitation for quarters used by roomers under Paragraph
23 9-8-5(a)(1), B.R.C. 1981. shall not apply to an accessory unit.
(iii) Additional Reemer-s Pr-ehibited: The pr-opei4y is not also tised fef the renting
24
C Feems pttfsuant to D...............b, 9 9 5(a)(1), B.R.C. 1 941
25
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1 (iii) Rental License:No owner of the property shall allow,or offer to allow through
advertisement or otherwise, any person to occupy the accessory unit or the
principal dwelling unit as a tenant or lessee or otherwise for a valuable
consideration unless such rented unit has been issued a valid rental license by
3
the city manager consistent with the requirements of Chapter 10-3, "Rental
4 Licenses," B.R.C. 1981.
(iv) Short-Term Rental: Short-term rental of an accessory unit and short-term
5 rental of a principal dwelling unit on a lot or parcel with an accessory unit are
prohibited except as specifically authorized in Section 10-3-19, "Short-Term
6 Rentals."B.R.C. 1981.
7 (B) Application: All applicants shall apply on forms provided by the city manager
showing how and in what manner the criteria of this subsection are met,provide a
8 statement of current ownership and a legal description of the property, pay the
application fee prescribed by Section 4-20-43, "Development Application Fees,"
9 B.R.C. 1981, and submit plans as may be required by the manager.
10 (C) Public Notice: Notice of the application shall be provided consistent with "Public
Notice Type 4," as defined by Subsection 9-4-3(a), B.R.C. 1981.
1 1 (D) Review and Approval:All applications for accessory units shall be reviewed under
the procedures of Section 9-2-2, "Administrative Review Procedures." B.R.C.
12 1981.
(13
E) Declaration of Use Required: Before r-eeei ing the pe i+4obtaining approval, all
owners shall sign a declaration of use, including all the conditions for continued
14 use,to be recorded in the office of the Boulder County Clerk and Recorder to serve
as actual and constructive notice of the legal status of the owner's property. If the
15 unit is to be an affordable accessory unit, the declaration shall include a sworn
certification that the unit will meet the affordability standard and a statement of
16 the number of bedrooms.
17 (F) Amendments: The site plan for an accessory unit may be modified and an
affordable accessory unit may be converted to an accessory unit that is not an
18 affordable accessory unit provided that an application is filed and reviewed by the
manager under the procedures of Section 9-2-2, "Administrative Review
19 Procedures," B.R.C. 1981. The application must demonstrate that the proposed
accessory unit meetsthe reauirements of this section except that it shall not be
20 subiect to the saturation limitations of subparagraphs (a)(2)(A) and (E) and
(a)(3)(Al and (El.
21
(G) Floor Area: For the purpose of calculating the floor area of an attached accessory
22 unit or detached accessory unit under this subsection (a), floor area shall mean
the total square footage of all levels measured to the outside surface of the
23 exterior framing, to six inches beyond the interior wall on an exterior wall, or to
the outside surface of the exterior walls if there is no exterior framing, of a
24 building or portion thereof, which includes stairways, elevators, the portions of
25 all exterior elevated above grade corridors, balconies, and walkways that are
required for primary or secondary egress by Chapter 10-5, "Building Code,"
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I B.R.C. 1981, storage and mechanical rooms, whether internal or external to the
structure but excluding an atrium on the interior of a building where no floor
2 exists, a courtyard, the stairway opening at the uppermost floor of a buildin amend
3 floor area that meets the definition of uninhabitable space.
4 manager-or-planning beafd atitematieally expires 180 days after-the date on whieh
it is granted unless a rental lieefise for-the ttait is obtained within stteh-per-ied, Th5 manager may gant an extension of this period fer good ea-ttse shown, but only i
6
enn
that the booty io,l
7 ensure 0 unit has Y
!;l >xpifntion: An n N;t Y„[;t expi es upon the fa;l[,Yo of the p fm ttee
8 to satisfy eandition pr -ived by thiTSubseetion (a) er- upen the Sale,
Eo nvepanee, „Y tfansfoY of the p pet4 >upon [[hie the, N;t is leeatd
9
r;)Reyeeati.N: An n o N:t pefm t may be feveked by the e t.> manager-
10
anagoY10 N the o ;ttee's Y the o ;ttee's tenant's eenvietion of. vielation of t1,'
llio
title ., of Gb arter5 nT"Noise," Seetion L 1 21, "Animals as
11 NisanceProhibited," apt cr6 7, "Weed fe ntr-6 ,-E13ter 6 � "T n
, 6
"Signs,"
12 l;,;l Re .,1 Re ed! Up ot;fie tie of N ;t o , iE) or- o`VVUl1t:V11N, 1tl[o
. 11V
13 permittee may-request-ahearing provided ed-in chapter- 1 3, "Quasi T„a;
Hearings," B.R.C. 1981. Within thii4[, days of Yo e tion oexpir-atien of n
14 pefmit,N owner-shall fail to,.oN oye then o unit andfet„YN the, fope fty
to its single family use stratus as a single-dwelling ,init. The n plica t sl,�ll
15 e
16 a. .Y
Deoye the L:tehe [ ,;thi the neoo n N:t andany
physie l nPulYQnt; N
{.1 V11
lt, or
17 b. Remove any ph rsie-c sepafatien between the N;t and the
balanee of the„N:t and sign n deela f do of„so; n f f n Y.table to the
18 eity f e[•, [[,hie will be Yo ef:de [ i;tb the Bou def County Gler-L a
r-der-, stating the pfepefty will r- . 1 /� R ll
��./ll// an
19 V
er- se long a
thena unit L;tehe remains ,1 Nthat the dwelling„N:t: used-V b�' {.11V[,th-e
20 owner- and the ewnef's family : a mannef eonsistent with Seetie 9 4 C
"Oeeupaney of Dwell' ” B.R.01981. No per-sonshall fail to
o the additional L;tehe installedr Nt to this s bseetie ;f the
21 dwelling tinit: e longer-owner- oeetipied and if the dwelling it Y
niiuil es
22 a fentallieensee>=ehapter-0-3-Refital hieei es-" B.R.C. 19
!(_\ Limitations o Reapp ie do After-Reyee tier: T pen Y tif n tL.o
. o rao o �ffn t llll., .....
23 mayet reapply for- an dwelling unit N YN,;t for- n lee do ;
o o 0 1 Ull,' 1V�/H L1 VL1 mai
the eily for-n ee „ fee . o following tbs fo .,[ ing the date of r-eyee.,tieor- etie
24 �1V11.
(T�-ansf�Y: An aeeesser-y dwelling, N:t,.oY.,..:t may be tfansfeffe l to the new
'fief
25 of a dwelling mating, approved aeeesser-y unit, ;f w.- :
N the waiting list within the .l[[,elling unit's N g b.,Yl,.,o area. A o
0 0 111VVU UrVu. �� 1Vw
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YrvYea ay owner-may apply to transfer-an aeeessofy unit pefmit into its name if the
following standards afe met:
(i) Pfeef of Owner-ship.The transfer- appncant shall p „de proof of owner-ship
3 '
luar.,P
(ii) eetio of Use Required--.re.l• The transfer-., ...,,.
pl; t shall sign ., .leelar- do of
`aa f w
4 use, thatwill be recorded with the BoulderCounty Gle£lrc-and Reeo ief
5 --c
&eknowlea that the aoee�or-y d elli ig unit is-nott utomatieal4y
transfffable to subsequent pur-ehaser-s, that no vested right to duplex sta
by vitt- e of the eit y's granting of the � dwelling unit r r.,,;t a
6 arises pe
a building peFmit to eonstfuet the same, and that lists all the e0nditions fo
mit
vo. tin uti�a e,l use e„f the dwelling unit.
aauaa
(iii) Rented or--9setipied:-The—transfer- applieant shall pfovide proof that the
8 aeeessory=dwelling unit has been-rented-or--oee-upiedinthe r t. tl,e
9 appheation for-the tfansfer-.
(iV) EXPkatioliif a new owner fails to apply for- a transfer- of the pefnic=v`rrciiii
10 thirty days of the purchase of the dwelling unit, the permit shall automatiea4y
11
12
(v) Fees! The-appri,•a t shall p 'acne-ee-rewired--by= section-4-20 43
"Development pplioirtion Fees��.C. 1°v1---andlrll neeesrsary—fees-der
13 e or-ding doeuments.with tl,e Boulder-County Clerk and D eeo ler
(vi) Rental Lieense Required: The new owner shall apply for-a rental heense aftef
14 the transfer-of the aeeessoi=y dwelling unit has been ., edl
15 (2) Attached Accessory Dwelling Units: In addition to the general accessory unit standards
in paragraph (a)(1) of this section, the following standards apply to attached accessory
16 dwelling units. The owner or the owners of a lot or parcel with an existing single-family
dwelling unit may establish and maintain an attached accessory dwelling unit within the
17 principal structure of a detached dwelling unit in the RL 1,RL 2, RR., RE1- R 25
RL, RMX, A or P districts if all of the following conditions are met and continue to be
18 met during the life of the attached accessory dwelling unit:
19 (A) Neighborhood Area: In the RL-1 or; RL-2, PE, RR 1, RR 2, n or--P zoning
districts, no more than ten-twenty percent of the single f,Y,:1.•lots or parcels in a
20 neighborhood area contain an accessory dweRing-unit. For the purpose of this
subparagraph:
21 (i) The "neighborhood area" in RL-1;and RL-2 and P zoning districts is the area
22 circumscribed by a line three hundred feet from the perimeter of the lot line
within which any accessory dw unit will be located. Within the
23 "neighborhood area" only accessory units within the RL-1 and RL-2 zoning
districts are counted towards the twenty percent limitation factor.
24 (ii) The"neighberhoodar " F'~ n v , v n 2 and A ing dis r;ets the v�n-iir ci., , cvi crrv-ca-i-Tcrrt-terga
Eir cribed by a-line sig' ed feet ffem the perimeter of the lot is
25 ,;thin .,,1,ie ., aeeessefy dwelling unit will be 1,,e tea
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I (iii) For the purpose of calculating the ten-twenty percent limitation factor, a legal,
nonconforming structure containing two or more units or a lamed-aeeesse y
2 cooperative housing unit is counted as an accessory d`.' unit. The city
manager may promulgate regulations defining additional methods to be used
3 in calculating the ten--twenty percent limitation factor and the neighborhood
area.
4
(Hiv) If an application for an accessory dweRmint-unit exceeds the terrtwenty
5 percent requirement set forth in this subparagraph (a)(2)(A), the city manager
will place the applicant on a waiting list for the neighborhood area. At such
6 time as there is room for an additional accessory dwelfixt-unit within a
neighborhood area, the city manager will notify the first eligible person on the
7 waiting list. Such person on the waiting list shall be required to provide notice
of intent to file an application within thirty days and file an application within
8 sixty days of such notice.
9 (B) Parking: in addition The attached accessory dwelling unit shall have the
following off-street parking:
10 (i) The number of off-street parking spaces required in the zoning district for the
11 principal dwelling unit: and
One additional off-street parking space is
12 previded on the lot or parcel upon which the detached dwelling unit is located.
13 (iii) The parking spaces required under this subparagraph (a)(2)(B) shall not be
required to meeting the setback requirements of section 9-7-1, "Schedule of
14 Form and Bulk Standards," B.R.C. 1981,provided that the parking spaces are
not located in the public right of way unless a e to the sots.aek is
15 pufstiant to seetien-9-2 3, ��, .W -
��Ees-andint .suv etatie�-�T«r 198=.
16 (C) Criteria: The attached accessory dwelling unit is clearly incidental to the principal
dwelling unit and meets the following criteria:
17 (i) The attached accessory dwelling unit is created only in a single-family
detached dwelling unit on a lot of six-five thousand square feet or more.
18
(ii) The attached accessory dwelling unit of three t,u dfed
19 feet, and does not exceed one-third of the total floor area of the principal
structure, tinless o gfanted pufstiant t,. Betio 9 2 3, "Var-ianees
20 , or one thousand square feet, whichever is
less, unless a variance is granted pursuant to section 9-2-3, "Variances and
21 Interpretations." B.R.C. 1981.
(iii) T aeeesser-y dwelling unit tifilizes only these utility heektips and metefs
allotted te the detaehed dwelling unit-.
23 (iv) Theaeeesser-y dwelling unit; seated only th-,,ugh intemal een er-si ,.. ofth
24 f etage added , „st;t„tos no mefe than five peree t of the pr-alTFUr
25
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1 (viii If there is an interior connection between the attached accessory dwelling
unit and the principal dwelling prior to the creation of the attached accessory
dwelling unit,the connection shall be maintained during the life of the attached
accessory dwelling unit.
iv) Any additional entrance resulting from the creation of an attached accessory
4 dwelling unit may face the side of the lot fronting on the street only if such
entrance is adequately and appropriately screened in a manner that does not
5 detract from the single-family appearance of the principal dwelling.
6 (D) Permits for- Existing Units: No pefmit for- an aeeessor-y dwelling unit shall be
granted f;3F a de4aehed dwelling that is not at least five years old.
7 D) Affordable Accessory Units: If the attached accessory dwelling unit is licensed as
an affordable accessory unit,the unit shall only be required to provide the parking
K required in the zoning district for the principal dwelling unit and may be more than
one-third of the total floor area of the principal structure but shall not exceed one-
9 half of the floor area of the principal structure or one thousand square feet,
10 whichever is less. The BOZA may grant a variance to this size requirement
pursuant to Section 9-2-3, "Variances and Interpretations," B.R.C. 1981. If the
1 � unit is or will be offered for rental for compensation,the owner must obtain and at
all times thereafter maintain a valid rental license for an affordable accessory unit
12 issued by the city manager consistent with the requirements of Chapter 10-3,
"Rental Licenses," B.R.C. 1981.
1 3E) Designated Historic Property: If the attached accessory dwelling unit is located
within a principal structure that is designated as an individual landmark or
14 recognized as contributing to a designated historic district under Chapter 9-11.
15 "Historic Preservation,"B.R.C. 1981,the following modifications to the standards
of this paragraph (a)(2) apply:
16 (i) In the RL-1 and RL-2 zoning district, the unit is not subject to the twenty
percent limitation factor of subparagraph(a)(2)(A)provided that no more than
17 thirty percent of the lots or parcels in the neighborhood area contain an
accessory unit-
18 ,(ii) The unit shall only be required to provide the parking required in the zoning
9 district for the principal dwelling unit; and
(iii) The unit may be more than one-third of the total floor area of the principal
20 structure but shall not exceed one-half of the floor area of the principal
structure or one thousand square feet, whichever is less. The BOZA may grant
21 a variance to this size requirement pursuant to Section 9-2-3, "Variances and
Interpretations," B.R.C. 1981.
22 (E) Aeeessefy Unit Will Not Beceffle a NEM604OFffling Use. if the POf this
23 '
the legal use of a
,,it t b + .�,�,ito ,A,it ;,, ffromh .aceto oo
f - ,, ea ,, 7
o seon ye years the ,
24
theaeeesser-y nit.vial not>,o,.eme a noneenfefming,
e.
25 (3) Limited Aeeesser-y Units. in addition to the general aeeessery unit standards in
paragraph(a)(!)of this seetion,the follevving standards apply to lifnited aeeessor-y units.
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I
lot and within the R! use inedule may be eenvefted to limited aeeessefy dwelling t1fli
2 A limited a 4ling unit may be modified and expanded as a eenditional ttse-.
3 fellowing standards:
4 (A) Appheabiiity: This subseetio („)«) is only
appheable to ",elling units that.
legally e3iisted, wefe aetively used as multiple dwelling units, and had a vah
5 rental-been .
area�`� �ricatien� The , „l.,tiye total of ., o shallnot o ooa
6 tlt e ty per-ee.,t of the tototalfgee,- that was do „te at the tifne of the:,.+:t:.,l
per-eent. In ne easv shall any expansioneause �
8 dw! ling units to exeeed thema-ximufnallowable floor-area,-at:e e f the,,.,.leflying
zoning distfict as fef in Seetle•" 9 4 1 "Sehe"le e f intensity Ct.,,,11aMs "
9 B.R.G.
T1. fnif:.,,,,.., .,,,m bef of off stfeet par-king spaces shall flet b le„ aha
10 thfee spaees. All pafking shall eemply with the design and ements Se
rfefth-in-See ie 9 9 6, "Parkin g�C � . n 198 A „f one off
1 1 stfeet par-king shall be available f use by the festr4ete a dwelling
g
o ��i-JVl�' UYY Vlllll�
12
(D) Less f P fie,•RT,...,.enf ,-,n ing States: if a n of ,-,ning duplexer-two det.,ehe-1
c.luvllvu
13 a 11• :tom o ever-ted to fifnited aeeessei=y units th gh the nd t ia1 „�
ivua uoe
14
(34)Owner's-Detached Accessory Dwelling Units: In addition to the general accessory unit
15 standards in paragraph (a)(1) of this section, the following standards apply to owners'
detached accessory dwelling units. An owner or the owners of a lot or parcel with an
16 existing single-family dwelling unit may establish and maintain aff-ew*eFisr detached
accessory dwelling unit within the pr-i ,.ipa stfuetur-e of the detaehed dwelling, ;;:t
17 within an accessory structure meeting the size restrictions described below, on a lot or
parcel in the RR,RE,RL,aHdRMX4,A and P districts if all of the following conditions
18 are met and continue to be met during the life of the swnef!e-detached accessory dwelling
19 unit:
(A) Neighborhood Area: In the RL-1 and RL-2 zoning districts, no more than twenty
20 percent of the lots or parcels in a neighborhood area contain an accessory unit. For
the purpose of this subparagraph:
21
(i) The "neighborhood area" in RL-1 and RL-2 zoning districts is the area
22 circumscribed by a line three hundred feet from the perimeter of the lot line
within which an accessory unit will be located. Within the "neighborhood
23 area" only accessory units within the RL-1 and RL-2 zoning districts are
counted towards the twenty percent limitation factor.
24 (ii) For the purpose of calculating the twenty percent limitation factor. a legal,
25 nonconforming structure containing two or more units or a cooperative
housing unit is counted as an accessory unit.The city manager may promulgate
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1 regulations defining additional methods to be used in calculating the twenty
percent limitation factor and the neighborhood area.
`" (iii) If an application for a detached accessory dwelling unit exceeds the twenty
percent requirement set forth in subparagraph (a)(3)(A), the city manager will
place the applicant on a waiting list for the neighborhood area. At such time
4 as there is room for an additional accessory unit within the neighborhood area,
the city manager will notify the first eligible person on the waiting list. Such
5 person on the waiting list shall be required to provide notice of intent to file an
application within thirty days and file an application within sixty days of such
6 notice.
7 (4D)Parking: The detached accessory dwelling unit shall have the following parking:
(i) The number of off-street parking spaces required in the zoning district for the
8 principal dwelling unit: and
9 ii-In addition to the park ng rereq in eaeh this*-iet, eQne additional paved-off-
street parking space mon the lot or parcel upon which the detached
10 dwelling unit is located.
1 1 (iii) The parking spaces required under this subparagraph (a)(3)(B) shall not be
required to meeting the setback requirements of Section 9-7-1, "Schedule of
12 Form and Bulk Standards," B.R.C. 1981, provided that the parking spaces are
not located in the public right of way unless a e to the setbaek is gFa
13 pursuant to Seetion 9 2 3, "— ar-ianees and T t� .ate �" B.R.G. ,99 To
-rirc ccu nsx�ar.
the extent practical, any additional off-street parking that is constructed in the
14 RR or RE zoning district required for the owner-'sdetached accessory dwelling
unit shall be screened from the view of properties that directly abut a property
15 line of the ewneF's detached accessory dwelling unit.
16 (4g) Incidental to Principal Dwelling Unit: The awner-'s detached accessory dwelling
unit is clearly incidental to the principal dwelling unit and meets the following
17 criteria:
(i) The ewnes-detached accessory dwelling unit is created on a lot of sifive
18 thousand square feet or larger,whieh contains only one detached single f., it
dwelling the�d�4� stric�h�er�eces s created -
1 9 ., lot that meets the minimum lot size requirements of the , ndeF1. ing zoning
20 distr-iot in the RR or RE zoning distriets and eentains only one detaehed si..gl_
family dwelling.
21
eipal stfuetm-e sh.,�tleast-one-thousand five hundred squur.ezee in
22 Vie, exel„a:..,,. o
23 (iii) The owner detached accessory dwelling unit's floor area does not exceed
one third of the total fleor area of the prineipal stFueWr-e, u less a vwrianflee is
24 granted moo-Section I-2-3, "Var-ianees and laterpreations,” B.
1991�e-five hundred and fifty square feet, whichever- is less
25 unless a variance is granted pursuant to Section 9-2-3. "Variances and
Interpretations," B.R.C. 1981.
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1
(iv) If there is an intefief eenneetien between the owner's aeeesser-y unit and the
3it, within the pfineipal boilding, may faee the side ef the let ffenting en the
4
Tplar
5 dwelling
iiia)The following design standards apply to detached accessory dwelling
6 units in .
7f gafage deer-s n plaeed o the unit, they shall be singleear- deet (110
two ear- wide deer-s).
8 b All , n to shall be designed to have n p to ed of of 6:12 o oats No fla
r-eefs er 1.,we-p tehed e& shall be .....,:tied , .,loss e isto„t with the
9 arehiteeWr-e ef the existing house on the prepefty.
10 ea. Maximum height of accessory buildings with amstached
accessory dwellin&unit shall not be greater than twenty feet unless the roof
11 pitch is greater than 8:12 and the resulting ratio of the height of the roof
(measured from the eave line to the top of the roof)to the height of the side
12 walls (measured from the low point of grade to the eave line) is less than a
1:2 ratio. In no case may a building be taller than twenty-five feet.
13
db. An-e'nef!J detached accessory dwelling unit shall have a minimum of
14 sixty square feet of private open space provided for the exclusive use of
the occupants of the owe-detached accessorydwelling unit. Private
15 open space may include porches, balconies or patio areas. Decks,porches,
patios,terraces and stairways, located at a height greater than thirty inches
16 above grade, shall be considered part of the building coverage.
17
ec. Architectural design and ter-i shall be consistent with the existing
-
residence on the site or the adjacent building(s) along the side yards of the
18 lot.
€d. Setbacks shall comply with accessory building setbacks. Where the rear
19 yard of a property in the RR or RE zoning district directly abuts an RL
20 zoning district, the rear yard accessory building setback shall be the same
as the side yard setback for accessory buildings for applicable RR or RE
21 zoning districts.
g. The owner's aeeesser-y „:t : in a building that has n building , o e of
22 less than five hundred square feet n„d the ewner-'s aeeesser-y :t does 11.,Vt
1
exeeed feur-L.0 d«od f:ft y squaf e foot of f eer-area--.
23
(C) Var-ianC Cever-age:T4l ar-ianee te th
24
finding that the following eonditions afe fnett.t
25
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1 (i) The owner's aeeessor-y unit is efeated in a building that was legally 1-
(ii) A r-eduetion in the building footprint size of the existing building to eonfe
3 to the five hundred square foet limitation would er-eate a substantial hardship
f the ., plie nt
4 D) Affordable Accessory Units: If the detached accessory dwelling unit is licensed
as an affordable accessory unit, the unit shall only be required to provide the
5 parking required in the zoning district for the principal dwelling unit and the unit's
floor area may be up to eight hundred square feet. The BOZA may grant a variance
(' to this size requirement pursuant to Section 9-2-3,
to and Interpretations,"
7 B.R.C. 1981. If the unit is or will be offered for rental for compensation,the owner
must obtain and at all times thereafter maintain a valid rental license for an
g affordable accessory unit issued by the city manager consistent with the
requirements of Chapter 10-3, "Rental Licenses," B.R.C. 1981.
9 (E) Designated Historic Property: If the detached accessory dwelling unit is located
within an accessory structure that is designated as an individual landmark or
1
recognized as contributing to a designated historic district or the principal structure
I is designated as an individual landmark or recognized as contributing to a
designated historic district under Chapter 9-11, "Historic Preservation," B.R.0
12 1981, the following modifications to the standards of this paragraph (a)(3) apply:
(i) In the RL-1 and RL-2 zoning district, the unit is not subject to the twenty
13 percent limitation factor of subparagraph(a)(3)(A)provided that no more than
thirty percent of the lots or parcels in the neighborhood area contain an
14 accessory unit;
15 (ii) The unit shall only be required to provide the parking required in the zoning
district for the principal dwelling unit; and
16 (iii) The unit's floor area may be up to one thousand square feet. The BOZA may
17 grant a variance to this size requirement pursuant to Section 9-2-3, "Variances
and Interpretations," B.R.C. 1981.
1 4) Limited Accessory Units: In addition to the general accessory unit standards in
paragraph(a)(1)of this section,the following standards apply to limited accessounits.
1 ry An existing nonconforming duplex or two detached dwelling units located on the same
20 lot and within the R1 use module may be converted to limited accessory dwelling units.
A limited accessory dwelling unit may be modified and expanded as a conditional use.
21 Conversion to a limited accessory dwelling unit is subject to compliance with all of the
following standards:
22
A) Applicability: This subsection (a)(3) is only applicable to dwelling units that
23 legally existed, were actively used as multiple dwelling units, and had a valid
rental license on January 1, 2005.
24 B) Expansion Limitation: The cumulative total of any expansion shall not exceed
25 twenty percent of the total floor area that was documented at the time of the initial
expansion. Any expansion of the restricted accessory unit shall not exceed ten
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1 percent. In no case shall any expansion cause the cumulative size of the restricted
dwelling units to exceed the maximum allowable floor area ratio of the underlying
2 zoning district as set forth in Section 9-8-1, "Schedule of Intensity Standards,"
B.R.C. 1981.
C) Parking: The minimum number of off-street parking spaces shall not be less than
4 three spaces. All parking shall comply with the design and access requirements set
forth in Section 9-9-6, "Parking Standards," B.R.C. 1981. A minimum of one off-
s street parking space shall be available for use by the restricted accessory dwelling
unit.
6 D) Loss of Prior Nonconforming Status: If a nonconforming duplex or two detached
7 dwelling units are converted to limited accessory units through the conditional use
process, any prior nonconforming status is lost.
8
9 Section 6. Section 9-8-5, "Occupancy of Dwelling Units," B.R.C. 1981, is amended to
10 read as follows:
11
9-8-5. - Occupancy of Dwelling Units.
12 (a) General Occupancy Restrictions: Subject to the provisions of Chapter 10-2, "Property
13 Maintenance Code," B.R.C. 1981, no persons except the following persons shall occupy a
dwelling unit:
14 (1) Members of a family plus one or two roomers. The quarters that the roomers use shall not
exceed one-third of the total floor area of the dwelling unit and shall not be a separate
15 dwelling unit;
16 (2) Up to three persons in P, A, RR, RE, and RL zones;
(3) Up to four persons in MU, RM, RMX, RH, BT, BC, BMS, BR,DT, IS, IG, IM, and IMS
1 zones; or
18 (4) Two persons and any of their children by blood, marriage, guardianship, including foster
children, or adoption.
19 (b) Attached Accessory Dwelling Unit, Owner'sDetached Accessory Dwelling Unit, or Limited
20 Accessory Dwelling Unit: The occupancy of an attached accessory dwelling unit, owner's
detached accessory dwelling unit, or limited accessory dwelling unit must meet the
21 requirements of Subsection 9-6-3(a), B.R.C. 1981.
(c) Nonconformity: A dwelling unit that has a legally established occupancy higher than the
22 occupancy level allowed by Subsection (a) of this section may maintain such occupancy of
23 the dwelling unit as a nonconforming use, subject to the following:
(1) The higher occupancy level was established because of a rezoning of the property, an
24 ordinance change affecting the property, or other city approval;
25
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1 (2) The rules for continuation, restoration, and change of a nonconforming use set forth in
Chapter 9-10, "Nonconformance Standards," B.R.C. 1981, and Section 9-2-15, "Use
2 Review," B.R.C. 1981;
3 (3) Units with an occupancy greater than four unrelated persons shall not exceed a total
occupancy of the dwelling unit of one person per bedroom;
4 (4) The provisions of Chapter 10-2, "Property Maintenance Code," B.R.C. 1981; and
5 (5) If a property owner intends to sell a dwelling unit with a non-conforming occupancy that
exceeds the occupancy limits in Subsection 9-8-5(a), B.R.C. 1981, every such contract
6 for the purchase and sale of a dwelling unit shall contain a disclosure statement that
indicates the allowable occupancy of the dwelling unit.
7 (d) A dwelling unit licensed as a Cooperative Housing Unit pursuant to Section 10-11-3
8 "Cooperative Housing Licenses," B.R.C. 1981, shall not be subject to the occupancy limits or
any exceptions as set forth in this section. All such dwelling units shall be limited to no fewer
9 than four occupants with the maximum number of occupants, without regard to whether the
occupants are related or not, as follows:
10 (1) In the Rural Residential, Residential Estate and Residential Low Density zone districts to
11 no more than twelve occupants,provided,however that occupancy shall not exceed more
than one person per two hundred square feet of habitable space;
12 (2) In all other zone districts to no more than fifteen occupants provided, however that
occupancy shall not exceed more than one person per two hundred square feet of habitable
13 space; and
14 (3) The city manager may authorize a greater number of occupants in any Cooperative
Housing Unit that is deed restricted as permanently affordable if the planning board after
15 a public hearing recommends a greater number. Before making any such
recommendation, the planning board shall consider the potential impacts on the
16 surrounding community,the number of residents proposed,the proposed habitable square
feet per person, the available off-street parking, and the mission of the cooperative.
17 (e) Prohibition:No person shall occupy a dwelling unit in violation of this section or intentionally
18
or negligently misrepresent the permitted occupancy of a dwelling unit in violation of this
section.
19
Section 7. That portion of Table 9-2 in Section 9-9-6, "Parking Standards," B.R.C. 1981,
20
related to parking requirements for accessory dwelling units and owner accessory units is amended
21
to read as follows:
22
23 TABLE 9-2: USE SPECIFIC MOTOR VEHICLE PARKING REQUIREMENTS FOR
RESIDENTIAL USES IN ALL ZONES
24
25 Use Parking Requirement
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1
2
Attached accessory dwelling , in tThe off-street Harkins requirement
3 unit, owner's detached for the principal DU must be met,plus any Harkins space required
accessory dwellins unit for the accessory unit, see Subsection 9-6-3(a), B.R.C. 1981.
4
5
6
Section 8. Section 9-14-2, "General Provisions," B.R.C. 1981, is amended to read as
7
follows:
8
9 9-14-2.—General Provisions.
10 A system of managing the issuance of residential building permits in the city is established with
the following general provisions:
11 ••
(b) Allocations Needed: One allocation is needed to secure a building permit to construct each
12 dwelling unit, except as set forth below. The living quarters set forth below shall require:
13 (1) One-half allocation for an efficiency living unit; one-third allocation for a group
residence; and one-sixth allocation or one-eighth allocation for each occupant for a
14 group care facility or a residential care facility respectively, according to the density and
occupancy restrictions of subsection 9-6-3(f), B.R.C. 1981;
15 (2) One-fifth allocation for accommodations without kitchens or one-third allocation for
16 attached allocations for congregate care facilities, according to the density and
occupancy restrictions of section 9-8-6, "Occupancy Equivalencies for Group
17 Residences," B.R.C. 1981;
18 (3) One allocation for any other type of dwelling unit; and
(4) No allocation for an attached accessory dwelling unit, aff-ewnef!sr detached accessory
19 dwellins unit, a bed and breakfast, a hostel, a hotel or a motel.
20
21 Section 9. Section 9-16-1, "General Definitions," B.R.C. 1981, is amended to read as
22 follows:
23 9-16-1.—General Definitions.
24
(c) The following terms as used in this title have the following meanings unless the context clearly
25 indicates otherwise:
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I ..
2 Affordable accessory unit means a unit for which the rents meet the affordability standard.
Affordability standard means rents do not exceed the maximum rents established by the
3 Colorado Housing and Finance Authority or similar agency for households earning no more than
seventy-five percent of the area median income. The city manager shall publish a table setting
4 forth the maximum rents based on information provided by the Colorado Housing and Finance
5 Authority or its similar agency.
6 Attached accessory dwelling unit means a separate and complete single housekeeping unit
7 within a detached dwelling unit, permitted under the provisions of Subsection 9-6-3(a), B.R.C.
1981.
8 ..
9 Housekeeping unit means one room or rooms with internal connections for separate
residential occupancy and including bathroom and kitchen facilities. Multiple housekeeping units
10 exist if there is more than one address to the property or more than one kitchen; or if there are
separate entrances to rooms which could be used as separate housekeeping units; or if there is a
11 lockable,physical separation between rooms in a dwelling unit such that a room or rooms on each
side of the separation could be used as a housekeeping unit or rooms with no internal connections.
12
13 Kitchen means any part of a room or dwelling unit that can be used for the preparation of
food that includes one or more of the following: a refrigerator, cooking device, kitchen sink, or
14 dishwasher. The following do not constitute a kitchen under this definition: (1) a wet bar; or(2)
an ancillary refrigerator that is used solely to store food that is prepared in the kitchen of a
15 principal dwelling unit.
16 ..
Owner-occupied means a dwelling unit or accessory unit that is aetu lly an phys eally
1oeoupied as a the principal residence hof at least one owner of record of the lot or parcel upon
18 which the dwelling unit or accessory unit is located, who possesses at least an estate for life or a
fifty percent fee simple ownership interest or is the trustor of a revocable living trust.
19 ..
20 Ownef'--Detached accessory dwelling unit means a separate and complete single
housekeeping unit within an accessory structure to the principal dwelling
21 unit of the lot or parcel upon which the unit is located that is permitted under
the provisions of pParagraph 9-6-3 (a)(34), B.R.C. 1981.
22
23 Principal residence means the dwelling unit in which a person resides for more than one-
half of the year. However, if(1) the person owns another dwelling unit that is not licensed for
24 long term rental; (2) the person's spouse or domestic partner has a different principal residence;
3) the person's driver's license, voter registration or any dependent's school registration shows a
25 different residence address; or (41 the Boulder County Assessor lists a mailing address different
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I from the dwelling unit address, it shall be presumed that the dwelling unit in question is not a
principal residence. Provided, however, no presumption shall apply in any criminal proceeding.
2
3 Wet bar means a bar for mixing drinks that may contain a sink with running water, a
dishwasher, and a refrigerator but no other facilities that can be used for the preparation of food
4 other than mixing drinks. A sink in a wet bar must be smaller than a kitchen sink. as defined in
5 Section 10-2-2, B.R.C. 1981.
Section 10. Section 10-2-2, "Adoption of International Property Maintenance Code with
6
Modifications,"B.R.C. 1981, Appendix C, Section C101.1 Scope, is amended to read as follows:
7
10-2-2.-Adoption of International Property Maintenance Code with Modifications.
8
9
APPENDIX C
10 ENERGY EFFICIENCY REQUIREMENT
EXISTING RESIDENTIAL RENTAL STRUCTURES
11 ENERGY CONSERVATION
12 C101
13 SCOPE
14 C101.1 Scope. Appendix C sets standards for residential rental dwelling unit energy
efficiency. Effective January 2, 2019, the energy efficiency requirements of this section shall
15 apply to all residential rental dwelling units licensed according to Chapter 10-3, 'Rental
Licenses," B.R.C. 1981, except:
16 1. Buildings that can be verified as meeting or exceeding the energy efficiency
17 requirements of the Energy Conservation Code, Chapter 10-7, B.R.C. 1981; and
2. Any manufactured home; and
18 3. Attached A--essefaccessory welling dwelling Units-units and Attaehed Owner
1Aeeessefy Units as detailed in Section 9-6-3, "Specific Use Standards Residential Uses,"
B.R.C. 1981.
20
21 Section 11. Section 10-3-6, "License Application Procedure for Buildings Converted to
22 Rental Property," B.R.C. 1981> is amended to read as follows:
23
10-3-6. -License Application Procedure for Buildings Converted to Rental Property.
24
Every operator converting a property to rental property shall follow the procedures in this section
25 for procuring a rental license:
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I (a) Submit a complete application packet for a license to the City, on official city forms provided
for that purpose, at least thirty days before rental of the property including:
(1) A rental housing inspector's certification of baseline inspection dated within twelve
3 months before the application. The operator shall make a copy of the inspection form
available to city staff and tenants of inspected units within fourteen days of a request;
4 and
(2) A report on the condition and location of all smoke and carbon monoxide alarms
5 required by Chapter 10-2, "Property Maintenance Code," B.R.C. 1981, made and
6 verified by the operator; and
(3) A trash removal plan meeting the requirements of Subsection 6-3-3(b), B.R.C. 1981,
7 made and verified by the operator. (b) Pay all license fees prescribed by Section 4-20-
18, "Rental License Fee," B.R.C. 1981,at the time of submitting the license application.
8 The city manager shall not issue any rental license if the operator owes any fees or
penalties, unless the penalties are subject to a pending appeal. (c) Take all reasonable
9 steps to notify any occupants of the property in advance of the date and time of the
10 inspection. The operator shall be present and accompany the inspector throughout the
inspection,unlocking and opening doors as required; and
11 (4) If the unit is an affordable accessory unit as defined in Section 9-16-1, "Definitions,"
B.R.C. 1981,a sworn certification that the unit will meet the rental affordability standard
12 as defined in Section 9-16-1, "Definitions,"B.R.C. 1981.
13
Section 12. Section 10-3-7,"License Renewal Procedure for Buildings Occupied as Rental
14
Property," B.R.C. 1981, is amended to read as follows:
15
10-3-7. - License Renewal Procedure for Buildings Occupied as Rental Property.
16
Every operator of a rental property shall follow the procedures in this section when renewing an
17 unexpired license:
18 (a) Pay all license fees prescribed by Section 4-20-18, "Rental License Fee," B.R.C. 1981,before
19 the expiration of the existing license. The city manager shall not issue any rental license if the
operator owes any fees or penalties, unless the penalties are subject to a pending appeal.
20 (b) Submit to the city manager a complete application packet, on forms provided by the manager
including:
21
(1) A rental housing inspector's certification of renewal inspection within twelve months
22 before application. The operator shall make a copy of the inspection form available to
city staff and tenants of inspected units within fourteen days of a request;
23 (2) A report on the condition and location of all smoke and carbon monoxide alarms
24 required by Chapter 10-2, "Property Maintenance Code," B.R.C. 1981, made and
verified by the operator;
25 (3) A trash removal plan meeting the requirements of Subsection 6-3-3(b), B.R.C. 1981,
made and verified by the operator; and
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1 (4) If the unit is an affordable accessory unit as defined in Section 9-16-1, "Definitions."
B.R.C. 1981,a sworn certification that the unit will meet the rental affordability standard
2 as defined in Section 9-16-1, "Definitions," B.R.C. 1981.
3 (c) Take all reasonable steps to notify in advance all tenants of the property of the date and time
of the inspection. The operator shall be present and accompany the inspector throughout the
4 inspection, unlocking and opening doors as required.
5 Section 13. Section 10-3-16, "Administrative Remedy," B.R.C. 1981, is amended to read
6 as follows:
7 10-3-16. -Administrative Remedy.
8 (a) If the city manager finds that a violation of any provision of this chapter or Chapter 10-2,
"Property Maintenance Code," B.R.C. 1981, exists, the manager, after notice to the operator
9 and an opportunity for hearing under the procedures prescribed by Chapter 1-3, "Quasi-
10 Judicial Hearings,"B.R.C. 1981,may take any one or more of the following actions to remedy
the violation:
11 (1) Impose a civil penalty according to the following schedule:
12 (A) For any violation in the following areas or of affordability standards: The area
south of Arapahoe Avenue,north of Baseline Road, east of 6-th Street and west of
13 Broadway, the area south of Baseline Road, north of Table Mesa Drive, east of
Broadway and west of U.S. Route 36 and the area south of Canyon Boulevard,
14 north of Arapahoe Avenue, west of Folsom Street and east of 15th Street or for
any violation of affordability standards for an affordable accessory unit anbroved
15 under Subsection 9-6-3(a), B.R.C. 1981:
16 (i) For the first violation of the provision, $500.00;
(ii) For the second violation of the same provision, $750.00; and
17 (iii) For the third violation of the same provision, $1,000.00;
18 (B) For a violation in any other area:
19 (i) For the first violation of the provision, $150.00;
(ii) For the second violation of the same provision, $300.00; and
20
(iii) For the third violation of the same provision, $1,000.00.
21 (2) Revoke the rental license;
22 (3) If the city manager finds that a short-term rental license was issued to a licensee who is
determined not to comply with subsections(1), (2)or(3)of sSection 10-3-19(c), "Short-
23 Term Rentals,"B.R.C. 1981,the city manager shall revoke the short-term rental license;
and
24 (4) Issue any order reasonably calculated to ensure compliance with this chapter and
25 Chapter 10-2, "Property Maintenance Code," B.R.C. 1981.
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I b) If the city manager finds that an affordable accessory unit was advertised, offered for rent or
rented for an amount in excess of the affordability standard, in addition to the actions the
2 manager may take under subsection (a), the manager shall impose a penalty eaual to the
amount charged in excess of the affordability standard during the term of the license, plus
interest at the rate of twelve percent per annum, and shall pay such funds collected to the
4 tenant who was charged in excess of the affordability standard.
(bc) If notice is given to the city manager by the operator at least forty-eight hours before the time
5 and date set forth in the notice of hearing on any violation that the violation has been corrected,
the manager will reinspect the building. If the manager finds that the violation has been
6 corrected, the manager may cancel the hearing.
7 (ed) The city manager's authority under this section is in addition to any other authority the
manager has to enforce this chapter, and election of one remedy by the manager shall not
8 preclude resorting to any other remedy as well.
(de) The city manager may, in addition to taking other collection remedies, certify due and unpaid
9charges to the Boulder County Treasurer for collection as provided by Section 2-2-12, "City
10 Manager May Certify Taxes, Charges and Assessments to County Treasurer for Collection,"
B.R.C. 1981.
11 (ef) To cover the costs of investigative inspections, the city manager will assess operators a
$250.00 fee per inspection, where the city manager performs an investigative inspection to
12 ascertain compliance with or violations of this chapter.
13 (fg) The city manager shall not accept a new application from the same licensee for the same
dwelling unit or units after revocation of a license:
14 (1) For at least six months following the revocation; and
15 (2) Unless the applicant demonstrates compliance with all licensing requirements.
16 Section 14. Section 10-3-19, "Short Term Rentals," B.R.C. 1981, is amended to read as
17 follows:
18 10-3-19. - Short-Term Rentals.
19 (a) Short-term rentals are prohibited unless the city manager has issued a valid short-term rental
license for the property.
20
(b) The city manager shall only issue a rental license for short-term rental to:
21 (1) A natural person, whose name appears on the deed to the property;
22 (2) A trust, if the beneficiary of the trust is a natural person; or
(3) A not-for-profit corporation licensed pursuant to Section 501(c)of the Internal Revenue
23 Code, provided, however, the city manager shall have discretion to reject any
24 application for a not-for-profit corporation if the city manager deems the application to
be inconsistent with the goals of this chapter,which include allowing not-for-profits the
25 opportunity support their mission through short-term rentals,preserving long term rental
units and preventing investor owned short-term rentals_;
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I (c) Any application for a rental license for short-term rental shall include the following:
2 (1) If the applicant is a natural person, the application must include a sworn statement that
the dwelling unit to be licensed is the applicant's principal residence;
3 (2) If the applicant is a trust, a sworn statement that the dwelling unit is a beneficiary's
principal residence;
4
(3) If the applicant is a not-for-profit corporation, the application shall include proof of the
5 corporation's status under Section 501(c) of the Internal Revenue Code and a statement
of the manner in which short-term rentals serve the organization's charitable purpose;
6 (4) A certification that the dwelling unit is equipped with operational smoke detectors,
7 carbon monoxide detectors and other life safety equipment as may be required by the
city manager; and
8 (5) The names and telephone numbers of two contacts who for owner-operated rentals can
be permanent residents on the property and who are capable of responding to the
9 property within sixty minutes.
10
(d) if the dwelling unit is an aeeessery unit, enly the aeeesser-y unit and not any other- dwelling
unit on the same pr-epei4y may be a heensed or-used as a rental;
11 (e) if a dwelling unit is lieensed fer-shei4 term r-efital,then no aeeesser-y unit on the saine pr-epef�y
may be l:eense o e il
� „t •
12 '
(€d) If the applicant is a natural person, the applicant's name must appear on the deed to the
13 property on which the dwelling unit to be rented is located_;
14 (gg)The city manager shall not issue a license for short-term rental of a permanently affordable
dwelling unit.
15 (14) Short-term rentals shall not be subject to the inspection requirements of Section 10-3-
3(a)(1)(A), "Licenses," B.R.C. 1981}except as set forth in subsection (kl.:
16 (1) Aeoessei=y U its, pefmitted undei Section 9 6 3(a), "Aeeesrse ,"
17 Leh Aeeessefy tinit is in an Aeeesrser-y Stmetufe, as that temi is defined in c t• 9
1 tiz 1, "Qexer-al Befinitiens��.C. 1981.
18 (i) An aeeesser-y unit may net be rented as a shei4 term r-ental for more than one hundfed twenty
19 days in any ealendar-yean
(g) The occupancy of a dwelling unit rented as a short-term rental shall not exceed the occupancy
20 permitted pursuant to Section 9-8-5, "Occupancy of Dwelling Units," B.R.C. 1981; provided,
however, for the purposes of this section only, the licensee and people related to the licensee
21 shall be counted as one person. The eeettpaney of a aeeessei=y „:t shall be limited to
family E)f two tiar-elated per-sons;
22 ��
11i�twithstzandin of Seetion 10 2�Adeptien o the i„to.�.,.,t:ona Pr-eperUJ
23 Maintenanee Code with Medifieafiens," B.R.G. 199 1,Appendix G, effeetive januafy 2, 2019,
�f
ent ,Appendix C seetieft shall apply
24 to Aeeessei=y Units,permitted tinder- 9 6 3(a), "A cEesS ," B.R.C. W8 if suet:
Aeeessefy unit is in an Aeeesser-yn
Stfuettife> d in Seetion 9 16 >
25 Definitions," B.R.(�r
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I (Lh) No person shall rent a dwelling unit in a manner that requires or encourages a person to sleep
in an area that is not habitable as that term is used in the International Property Maintenance
2 Code as adopted in Section 10-2-2, "Adoption of the International Property Maintenance Code
with Modifications," B.R.C. 1981.
3
(mi)No person shall advertise a short-term rental, unless the advertisement includes the license
4 number and the maximum unrelated occupancy permitted in the unit.
5 (ni) The city manager shall not issue more than one short=term rental license to any applicant.
k) An accessory unit or a principal dwelling unit on a single-family lot or parcel with an
6 accessory unit may not be rented as a short-term rental unless all of the following requirements
are met:
7 11 Both the accessory unit and the principal dwelling unit were legally established on the
8 effective date of Ordinance 8256;
(2) A current and valid short-term rental license exists for the unit-
9
3) If the accessory unit is licensed for short-term rental, only the accessory unit and not
10 any other dwelling unit on the same property may be licensed or used as a rental:
4) If a principal dwelling unit is licensed for short-term rental, then no accessory unit on
I I the same property may be licensed or used as a rental;
1 5) An accessory unit may not be rented as a short-term rental for more than one hundred
twenty days in any calendar year;
13 6) Notwithstanding the provisions of subsection (g), the occupancy of the accessory unit
14 and the principal dwelling unit must meet the requirements of Subsection 9-6-3(a)(1),
B.R.C. 1981; and
15 7) Licensing Limitations and Requirements:
16 A) No application for a new short-term rental license shall be accepted on or after the
effective date of Ordinance 8256. On or after the effective date of Ordinance 8256
17 a new short-term rental license may be issued only for complete applications
received by the city manager on or before the effective date of Ordinance 8256.
18 On or after the effective date of Ordinance 8256, the city manager may renew
unexpired short-term rental licenses pursuant to Section 10-3-7,"License Renewal
19 Procedures," B.R.C. 1981. A license for which a complete renewal application is
not filed within ninety days from the expiration date shall be considered expired.
20
(B) An applicant for a short-term rental license for a detached accessory dwelling unit,
21 as that term is defined in Section 9-16-1 "General Definitions,"B.R.C. 1981 must
submit an inspection report for the accessory structure containing the unit
22 consistent with the requirements of Subparagraph 10-3-3(a)(1)(A), B.R.C. 1981.
23 C) Notwithstanding the provisions of Section 10-2-2, "Adoption of the International
Property Maintenance Code with Modifications." B.R.C. 1981, Appendix C,
24 effective January 2, 2019, the energy efficiency requirements set forth in Section
10-2-2 Appendix C shall apply to detached accessory dwelling units, as that term
25 is defined in Section 9-16-1, "General Definitions," B.R.C. 1981,that are licensed
for short-term rental.
K:\PLCU\o-8256-6th Rdg-.docx
I Section 14. This ordinance shall be applied to applications submitted on or after
2 February 1, 2019. Applications submitted before February 1, 2019 shall be considered under the
3 standards in effect at the time of application.
4 Section 15. This ordinance is necessary to protect the public health, safety, and welfare of
5
the residents of the city and covers matters of local concern.
6
Section 16. The city council deems it appropriate that this ordinance be published by title
7
only and orders that copies of this ordinance be made available in the office of the city clerk for
8
public inspection and acquisition.
9
10 INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY
11 TITLE ONLY this 22°d day of May 2018.
12 c---�
13
14 Su on
Mayor
15 Attest:
16
L --�,
17 Lynut e Beck
City Clerk
18
19
20
21
22
23
24
25
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I READ ON SECOND READING, AMENDED AND PASSED, this 29th day of August
2 2018.
3
4
5 Su a ones
Mayor
6 Attest:
7 �
8 Lynn to Beck
9 City Clerk
READ ON THIRD READING,AMENDED AND PASSED,this 2nd day of October 2018.
—'1
11
12
13 Suzanne Jon s
Mayor
14 Attest:
15
16 Lynnett
City Clerk
17
18 READ ON FOURTH READING, AMENDED AND PASSED, this 10h day of October
19 2018.
20 C_^�
21
22 Suzanne Jones
Mayor
23 Attest:
24 L, —' �
25 Lynne eck
City Clerk
K:\PLCU\o-8256-6th Rdg-.docx
1 READ ON FIFTH READING, AMENDED AND PASSED, this 8h day of November
2 2018.
4
5 Suzann Jo
Mayor
6 Attest:
8 Lynne eck
9 City Clerk
10 READ ON SIXTH READING, PASSED AND ADOPTED, this 4"' day of December
11
2018.
12
Suzanne on
14 Mayor
Attest:
15
16
17 Lynne ck
City Clerk
18
19
20
21
22
23
24
25
K:\PLCU\o-8256-6th Rdg-.docx