8585 - AMENDING CHAPTER 9-8, “INTENSITY STANDARDS,” B.R.C. 1981, INCREASING THE NUMBER OF UNRELATED PERSONS THAT MAY OCCUPY A DWELLING UNIT; AND SETTING FORTH RELATED DETAILS Intro and 1st Reading 8/3/23, 2nd Reading and Adoption 8/17/23
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ORDINANCE 8585
AN ORDINANCE AMENDING CHAPTER 9-8, “INTENSITY
STANDARDS,” B.R.C. 1981, INCREASING THE NUMBER OF
PERSONS THAT MAY OCCUPY A DWELLING UNIT; AND
SETTING FORTH RELATED DETAILS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER,
COLORADO:
Section 1. Section 9-8-5, “Occupancy of Dwelling Units,” B.R.C. 1981, is amended to
read as follows:
(a) General Occupancy Restrictions: Subject to the provisions of Chapter 10-2, “Property
Maintenance Code,” B.R.C. 1981, no persons except the following persons shall occupy a
dwelling unit:
(1) Members of a family plus up to two additional persons. Quarters that roomers use shall
not exceed one-third of the total floor area of the dwelling unit and shall not be a
separate dwelling unit;
(2) Up to three any five 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 zones; or
(4) Two Three persons and any of their children by blood, marriage, guardianship,
including foster children, or adoption.; or
(4) A nonconforming occupancy meeting the requirements of Subsection (c) of this
section.
(5) The occupancy level allowed by Subparagraphs 9-8-5 (a)(2) and (a)(3) do not apply to
nonconforming uses or nonconforming occupancies.
. . .
(c) Nonconformingity Occupancy in Dwelling Units: A dwelling unit that has a legally
established occupancy higher than the occupancy level allowed by Subsection (a) of this
section may maintain such occupancy of the dwelling unit as a nonconforming
useoccupancy, subject to the following:
(1) The higher occupancy level was established because of a rezoning of the property, an
ordinance change affecting the property, or other city approval;
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(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
Review,” B.R.C. 1981;
(3) Units with an occupancy greater than four five unrelated persons shall not exceed a
total occupancy of the dwelling unit of one person per bedroom;
(4) The provisions of Chapter 10-2, “Property Maintenance Code,” B.R.C. 1981; and
(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 for the purchase and sale of a dwelling unit shall contain a disclosure
statement that indicates the allowable occupancy of the dwelling unit.
(d) Nonconforming Uses: A nonconforming residential use that is not permitted by Section 9-6-
1, “Schedule of Permitted Land Uses,” B.R.C. 1981, or is a lot or parcel that does not meet
the density requirements of Chapter 9-8, “Intensity Standards,” B.R.C. 1981, is subject to
the following:
(1) Unless the occupancy was established meeting the requirements of Subsection (c) of
this section, the occupancy of a nonconforming use per dwelling cannot be more than:
(A) Three unrelated persons in P, A, RR, RE, and RL zones;
(B) Four unrelated persons in MU, RM, RMX, RH, BT, BC, BMS, BR, DT, IS, IG,
IM, and IMS zones; or
(C) Two persons and any of their children by blood, marriage, guardianship, including
foster children, or adoption.
(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
Review,” B.R.C. 1981, apply except that occupancy cannot be more than that
permitted by Subparagraph (1).
(de) Cooperative Housing License: A dwelling unit licensed as a cooperative housing unit
pursuant to Section 10-11-3, “Cooperative Housing Licenses,” B.R.C. 1981, shall not be
subject to the occupancy limits or any exceptions as set forth in this section; and an attached
accessory dwelling unit or detached accessory dwelling unit licensed with such dwelling
unit as a cooperative housing unit shall not be subject to the occupancy standards of
Subparagraph 9-6-3(n)(1)(A)(ii), “Occupancy Requirements,” B.R.C. 1981. All such
dwelling units together with any attached accessory dwelling unit or detached accessory
dwelling unit so licensed shall be limited to no fewer than four five occupants with the
maximum number of occupants, without regard to whether the occupants are related or not,
as follows:
(1) In the RR, RE and RL zone districts to no more than twelve occupants, provided,
however, that occupancy shall not exceed more than one person per two hundred
square feet of habitable space;
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(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 space; and
(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 a public hearing recommends a greater number. Before making any such
recommendation, the planning board shall consider the potential impacts on the
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.
(ef) Prohibition: No person shall occupy a dwelling unit or accessory dwelling unit in violation
of this section or intentionally or negligently misrepresent the permitted occupancy of a
dwelling unit or accessory dwelling unit in violation of this section.
Section 2. Section 9-8-7, “Density and Occupancy of Efficiency Living Units,” B.R.C.
1981, is amended to read as follows:
(a) Dwelling Unit Equivalents for Efficiency Living Units: For purposes of the density limits of
Section 9-8-1, “Schedule of Intensity Standards,” B.R.C. 1981, two efficiency living units
constitute one dwelling unit.
(b) Dwelling Unit Equivalents for Growth Management Allocations: For purposes of counting
dwelling units under the provisions of Chapter 9-14, “Residential Growth Management
System,” B.R.C. 1981, two efficiency living units equal one dwelling unit.
(c) Dwelling Unit Equivalents for Moderate Income Housing: For purposes of counting
dwelling units under the provisions of Ordinance No. 4638, as amended, “Moderate Income
Housing,” one efficiency living unit equals one dwelling unit.
(d) Maximum Occupancy: No more than two three persons shall occupy an efficiency living
unit.
Section 3. This ordinance is necessary to protect the public health, safety, and welfare of
the residents of the city, and covers matters of local concern.
Section 4. The City Council deems it appropriate that this ordinance be published by title
only and orders that copies of this ordinance be made available in the office of the city clerk for
public inspection and acquisition.
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INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY
TITLE ONLY this 3rd day of August 2023.
____________________________________
Aaron Brockett,
Mayor
Attest:
__________________________________
City Clerk
READ ON SECOND READING, PASSED AND ADOPTED this 17th day of August
2023.
____________________________________
Aaron Brockett,
Mayor
Attest:
__________________________________
City Clerk