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9-3.2-8 Occupancy of Units.
(a) General Occupancy Restrictions: Subject to the provisions of Chapter 10-2, “Housing
Code,” B.R.C. 1981, no persons except the following persons shall occupy a
dwelling unit:
(1)Members of a family related to the head of the household by
marriage, adoption, or blood, up to the second degree of consanguinity, plus
one or two roomers, but only if the quarters that the roomers use do not
exceed one-third of the total floor area of the dwelling unit and do not
occupy a separate dwelling unit; [Translation: a family plus up
to two unrelated persons.]
(2)Up to three persons in P-E, AE, RR, RR1, ER, and LR
zones; [Most of Boulder's residential neighborhoods are zoned LR and so
three unrelated persons is the maximum number that may occupy a dwelling
unit.]]
(3)Up to four persons in MU, MR, MXR, HR, RMS, HZ, TB, CB, BMS, RB, RB1, RB2, RB3,
IG, IM, IS, and IMS zones; or [Some residential areas on the edge of
the Hill permit up to four persons per unit.]
(4)Two persons and any of their children by blood, marriage, or
adoption.
(b)Accessory Dwelling Unit or Owner’s Accessory Unit: The
occupancy of an accessory dwelling unit or owner’s accessory unit must meet the
requirements of Section
9-3.4-12, “Accessory Dwelling Units,” or Section 9-3.4-13,
“Owner’s Accessory Unit,” B.R.C. 1981.
(c)Efficiency Living Unit: The occupancy of an efficiency living unit
must meet the requirements of Section
9-3.2-10, “Density and Occupancy of Efficiency Living Units,” B.R.C.
1981.
(d)Custodial Care and Residential Care Facilities: The occupancy of a
custodial care or a residential care facility must meet the requirements of Section 9-3.4-9,
“Residential Care, Custodial Care, and Congregate Care Facilities,” B.R.C.
1981.
(e)Group Home Facilities: The occupancy of a group home facility must
meet the requirements of Section 9-3.4-8, “Group
Home Facilities,” B.R.C. 1981.
(f)Cooperative Housing Unit: The occupancy of a cooperative housing
unit must meet the requirements of Section 9-3.4-18,
“Cooperative Housing Units,” B.R.C. 1981.
(g)Non-Conformity: 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 non-conforming
use, 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;
(2)The rules for continuation, restoration, and change of a
non-conforming use set forth in Chapter 9-3.5,
“Non-Conforming Uses and Non-Standard Buildings and Lots,” B.R.C. 1981, and Section 9-4-9, “Use
Review,” B.R.C. 1981;
(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; and
(4)The provisions of Chapter 10-2,
“Housing Code,” B.R.C. 1981.
Ordinance Nos. 5930 (1997); 5970 (1998).
9-3.2-9 Density and Occupancy Requirements of Group Residences.
The permitted density for the following uses shall be computed, for occupancy
purposes, as follows:
(a)Accommodations for three occupants in any boarding or rooming house,
fraternity, sorority, or dormitory constitute one dwelling unit.
(b)Three hotel and motel units or three guest rooms in a bed and breakfast
constitute one dwelling unit.
(c)Accommodations for three occupants in any hostel constitute one dwelling
unit, but the planning board may increase the density of a hostel to four
occupants per dwelling unit through a use review as provided in Section 9-4-9, “Use
Review,” B.R.C. 1981.
(d)In congregate care facilities, five sleeping rooms or accommodations
without kitchen facilities constitute one dwelling unit, three attached dwelling
units constitute one dwelling unit, and one detached dwelling unit constitutes
one dwelling unit.
(e)In any bed and breakfast, up to twelve guest rooms are permitted, provided
the required parking can be accommodated on site and the provisions of Section 9-3.4-4, “Bed
and Breakfasts,” B.R.C. 1981, and the density and occupancy requirements of
subsection (b) above are met.
Ordinance No. 5623 (1994).
9-3.2-10Density and Occupancy of Efficiency Living
Units.
(a)Dwelling Unit Equivalents for Efficiency Living Units: For purposes
of the density limits of Section 9-3.2-1,
“Schedule of Bulk Requirements,” 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 9-6,
“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 Chapter 9-7, “Moderate
Income Housing,” B.R.C. 1981, one efficiency living unit equals one dwelling
unit.
(d) Maximum Occupancy: No more than two persons shall occupy an
efficiency living unit.
9-3.2-11Density in the HZ-E and the HR-X
Districts.
(a)Number of Dwelling Units: For the purpose of counting dwelling
units in the HZ-E and the HR-X districts, 800 square feet of floor area will be
permitted for each dwelling unit in a development. The floor area shall include
all habitable area within the dwelling unit that is designed for or intended to
be used for living, sleeping, eating, cooking, laundry, or personal storage. The
floor area does not include garages and common facilities. Common facilities are
elements routinely used in multi-family projects which include, without
limitation, hallways, stairs, and utility rooms that are shared by all occupants
of a development. The total floor area permitted in a development is the product
of the number of allowed dwelling units multiplied by eight hundred, and such
dwelling units and square footage may be configured in any way which produces a
number equal to or less than such product. Notwithstanding the provisions of Section 1-1-22,
“Rounding Rule,” B.R.C. 1981, a fraction of a permitted unit allowed by the lot
size may be included in calculating the allowable floor area.
(b)Planning Board Approval for Additional Density: Planning board
approval under Section
9-4-11, “Site Review,” B.R.C. 1981, is required if the development provides
for less than 3,200 but more than 1,600 square feet of lot area per dwelling
unit in the HZ-E district or less than 1,600 square feet but more than 800
square feet of useable open space per dwelling unit in the HR-X district.
(c)Minimum Lot Area for Two Dwelling Units:
Two attached units may be developed on a lot in the HR-X and HZ-E district
without a site review if it is a minimum of 5,000 square feet in area and the
structures meet the setback requirements of Section 9-3.2-1,
“Schedule of Bulk Requirements,” B.R.C. 1981, or the requirements of Section
9-3.2-16, “Two Detached Dwellings on a Single Lot,” B.R.C. 1981, are
met.
(d)Exemption for Existing Single Family Dwellings: Single-family
dwellings in the HZ-E and the HR-X districts constructed prior to September 2,
1993, may be increased in size without planning board review and shall be exempt
from the parking requirements of Subsection 9-3.3-7(e),
B.R.C. 1981, if the following conditions are satisfied:
(1)Prior to the issuance of a building permit, the owner of the
property executes a declaration of use, in a form acceptable to the city
manager, stating that the dwelling will continue to be used as a single-family
dwelling;
(2)The dwelling contains no more than one kitchen; and
(3)At least one off-street parking space is provided.
Ordinance Nos. 5623 (1994); 5656 (1994).
9-3.2-12 Medium Density Residential Overlay
Zone.
(a)Purpose and Scope: Medium density residential areas adjacent to the
downtown central business district originally developed with a predominantly
single-family character and are now redeveloping with higher densities.
Development and redevelopment in certain MR-E and MR-X zoning districts has been
very disruptive of the existing residential character of those areas, has failed
to preserve certain historic structures, has led to many inappropriate
structures being erected and thus has negatively affected the value of adjoining
properties. The medium density overlay zone map which designates those portions
of the medium density areas to which this section applies is set forth as
Appendix "K" of this title.
(b)Additional Regulations: The following additional regulations shall
apply in the medium density residential overlay zone:
(1)No person shall construct a second detached dwelling on a lot
as set forth in Section
9-3.2-16, “Two Detached Dwellings on a Single Lot,” B.R.C.
1981.
(2)No person shall create additional multiple-dwelling units
except that one additional dwelling unit per lot may be created by internal
conversions of existing principal structures that are not enlarged in size
subsequent to September 2, 1993, and provided that such conversions do not
involve exterior modifications other than for access, including, without
limitation, doors, windows, and stairways.
Ordinance No. 5690 (1995).
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