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March 2002
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ISSUE 4
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Volume 1
Issue 4
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Occupancy Limits
Each City and County Differs
COUNTY AND MUNICIPAL
OCCUPANCY/RESIDENCY STANDARDS
january 2002
County
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City In County
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Restrictions
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ADAMS COUNTY
(Unincorporated)
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An individual or 2 or more persons related by marriage or
legal adoption, living together in a dwelling unit; (or fewer persons not
related by blood, marriage, or legal adoption, living together in a dwelling
unit. (This does not apply to
Students in college or universities, persons under 18 with adult supervision,
persons 65 years or older, or persons excluded by statute or law.) A dwelling unit is defined as one or more
rooms used by one family for sleeping purposes which contains a kitchen and
bathroom facility.
Adams County uses the 1997 Uniform Building Code with
respect to planning and zoning which requires 300 square feet per occupant.
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Aurora
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Has just passed “Space and Occupancy Standards” which
requires at least 150 square feet of floor space for each occupant. The floor space is calculated on the basis
of total enclosed space within a dwelling.
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Brighton
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An individual or 2 or more persons related by blood,
marriage, or legal adoption, or a group of not more than 4 persons who are
not related by blood, marriage or legal adoption living together in a
dwelling unit.
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Commerce City
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An individual or 2 or more persons related by blood or
marriage, or a group of not to exceed 3 persons (excluding servants) living
together as a single nonprofit housekeeping unit in a dwelling unit. Family members include those defined by the
Internal Revenue Code as dependents of the occupants; provided, however, that
a family not include more than one registered sex offender,
except if the members of the family are related by blood or marriage.
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Northglenn
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An individual of 2 or more related by blood or marriage or
a group of not more than 5 people, excluding servants, who need not be
related by blood or marriage living together in a dwelling unit.
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Thornton
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Individuals living together as s single housekeeping unit
in which not more than 4 individuals are unrelated to the head of the
household by blood, marriage or adoption.
This shall not include more than one individual who is required to
register as a sex offender.
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Westminster
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Any number of individuals who are related by blood,
marriage, legal adoption or unrelated individuals living together as a single
housekeeping unit and doing their cooking on the premises.
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ARAPAHOE COUNTY
(Unincorporated)
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An individual or 2 or more persons related by blood,
marriage or adoption residing under one head of the household, or a group of
not more than five (5) persons, who need not be related, living as a single
housekeeping unit.
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Cherry Hills Village
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One or more persons occupying a single dwelling unit as a
single housekeeping unit, related by blood, marriage or adoption; or not more
than 3 unrelated persons living together as a single housekeeping unit; and,
further provided that domestic servants employed on the premises may be
housed on the premises without being counted as a family.
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Englewood
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Has established “Minimum Space Requirements”. This states that the maximum number of
occupants in dwelling units is limited to the number determined on the basis
of the floor areas of habitable rooms.
Every dwelling unit must have at least 150 square feet of floor space
for the first occupant and at least 100 additional square feet of floor space
for every additional occupant.
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Greenwood Village
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A collective body of persons, including parents, children
and servants, who live in one dwelling under one head. This does not include paying guests nor
boarding houses. This does not
include more than one individual, (or 2 or more individuals related by blood,
marriage or adoption) required to register as a sex offender.
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Littleton
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Any number of persons related by blood, marriage or adoption
maintaining a common household as a single dwelling unit, or not more than 3
persons not related by blood, marriage or adoption, living together as a
single housekeeping unit in a single dwelling.
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Aurora
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Has just passed “Space and Occupancy Standards” which
requires at least 150 square feet of floor space for each occupant. The floor space is calculated on the basis
of total enclosed space within a dwelling.
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BOULDER COUNTY
(Unincorporated)
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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,
(2) up to 3 persons in P-E, AE, RR, RR1, ER
and LR zones.,
(3) up to 4 persons in MU, MR, MXR, HR, RMS,
HZ, TB, CB, BMS, RB, RBI, RB2, RB3, IG, IM, IS and IMS zones, or
Two persons and any of their children by blood, marriage
or adoption.
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Boulder
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An individual, or 2 or more individuals related by blood,
marriage, or adoption, and not more than 2 roomers or boarders; or
2 adults and any of their lineal descendants; or a group of not
more than 3 unrelated individuals; and who are living together as a single
housekeeping unit. NOTE: Landlords
are jointly and severally responsible for the over occupancy activities of
tenants. This liability extends to
landlords even if the landlords have no knowledge of such activities and even
if the landlords actively discourage such activities within lease
prohibitions.
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Lafayette
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One or more persons living together on the premises of a
dwelling unit; but does not include a group of 4 or more persons unrelated by
blood, marriage or adoption. A
dwelling unit is a structure designed for occupancy as a residence by a
single family.
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Longmont
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Allows any number of persons living and cooking together
on a premises as a single housekeeping unit, but shall not
include a group of more than 3 individuals not related by blood, marriage,
adoption or pursuant to legal guardianship; however, the primary cooking may
be provided at a collective facility on the premises for the convenience of
the permanent residents of separate units.
Persons 65 years or older are exempt from the restriction on unrelated
individuals.
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Louisville
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A single individual doing his or her own cooking and
living upon the premises as a separate, independent, housekeeping unit; or a collective
body of persons doing their own cooking and living together upon the premises
as a separate housekeeping unit in a domestic relationship based upon birth
or marriage; or a group of not more than 2 unrelated persons doing their own
cooking and living together upon the premises as a single housekeeping unit,
except that no more than one of such persons may be an individual who has
been adjudged by a court of law as a sex offender and who is required to
register as such within the community of his residence. Single persons 18 years or older not
living with parents or legal guardian are considered to be unrelated to each
other.
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BROOMFIELD COUNTY
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Broomfield
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Restrictions are designed by square footage. “Family” is defined as one person living
alone, or 2 or more persons all of whom are related by blood, marriage, legal
adoption, together with up to 4 children who may not be related to any or all
of the other residents but who are under the care and supervision of the
adult family head; or a group, including not more than 2 adults, together
with any number of children related by blood or legal adoption to at least
one of the adults.
A household group requires at least 400 square feet of
finished interior space for each resident.
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DENVER COUNTY
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Denver
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Denver Housing
Code Sec. 27-22 which is entitled “Minimum Space, Use and
Location Requirements”. This section
requires at least 150 square feet of floor space for the first occupant and
at least 100 additional square feet of floor space for every additional
occupant thereof. The floor space is
calculated on the basis of total habitable room area and the ceiling height
must be at least 5 feet. This floor
space does not include basement or cellar spaces.
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DOUGLAS COUNTY
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Franktown, Highlands Ranch, Jackson, Larkspur, Sedalia,
Castle Rock, Parker
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An individual or 2 or more persons related by blood,
marriage, or legal adoption; or a maximum of 5 persons (excluding servants)
living together as a nonprofit, unlicensed, single housekeeping unit,
maintaining a common household.
A family shall not include more than 1 registered sex
offender, unless related by blood, marriage or legal adoption. A family may include those persons
defined by the Internal Revenue Code as dependents of the occupants of the
subject premises.
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Castle Rock
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An individual or 2 or more persons related by blood or
marriage, or a group of not to exceed 5 unrelated persons (excluding
servants) living together as a single housekeeping unit in a dwelling unit.
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Parker
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Two or more persons related by blood or marriage, or a
group not exceeding 5 persons (excluding servants) living together as a
single housekeeping unit.
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JEFERSON COUNTY
(Unincorporated)
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One or more persons related by blood, marriage or
adoption, living and cooking together as a single housekeeping unit,
exclusive of household servants. A
number of persons, but not exceeding 6, living and cooking together as a
single housekeeping unit, though not related by blood, marriage or adoption
shall be deemed to constitute a family.
Family shall not include more than one registered sex offender, unless
related by blood, marriage or adoption.
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Arvada
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One or more persons related by blood, marriage, or
adoption, living together as a single household unit or a group of not more
than 5 persons not related by blood, marriage or adoption, living together as
a single household unit.
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Golden
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A household or family is defined as:
(1) any number of persons related by blood,
marriage, or adoption, plus (a) domestic servants employed for service on the
premises (b) up to 4 children under the age of 18 who may not be related to
any or all of the other residents, but who are under the care and supervision
of the adult family head, (c) any combination of (a) or (b) not to exceed 4
individuals.
(2) a group including not more than 2 adults
together with any number of children, related by blood or legal adoption to
at least one of the adults; or
(3) a group of not more than 4 unrelated or
related and unrelated persons living together as a single housekeeping unit.
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Lakewood
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Any number of individuals, who are related by blood,
marriage, legal adoption, or unrelated individuals living together as a
single housekeeping unit and doing their cooking on the premises, as
distinguished from a group occupying a boarding or rooming house or hotel.
There is a maximum of one person per “habitable room used
for living purposes”. “Habitable room
used for living purposes” is a space for living, sleeping, eating or cooking
only.
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Morrison
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A single individual doing his own cooking and living upon
the premises, or a collective body of persons doing their own cooking and
living together upon the premises as a separate housekeeping unit in a
domestic relationship based upon birth or marriage, or a group of not more
than 3 unrelated persons doing their own cooking and living together upon the
premises as a single housekeeping unit.
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Sheridan
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An individual or 2 or more persons related by blood or
marriage or a group of not more than 5 persons (excluding servants) who need
not be related by blood or marriage living together in a dwelling unit.
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Westminster
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Any number of individuals who are related by blood,
marriage, legal adoption or unrelated individuals living together as a single
housekeeping unit and doing their cooking on the premises.
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Wheat Ridge
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One or more persons related by blood, marriage, adoption,
or legal custody plus domestic servants employed for service on the premises,
or a group of not more than 3 persons who need not be so related living together
as a single housekeeping unit. Five
people over the age of 60 years sharing one housekeeping unit shall also be
deemed to be a family.
Notwithstanding the foregoing, a family shall be deemed to include 4
or more persons that are not related by blood, marriage, adoption or legal
custody occupying a residential dwelling unit and living as a single
housekeeping unit if the occupants are handicapped or disabled as defined by
law.
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LARIMER COUNTY
(Unincorporated)
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An individual or group of people living together who are
related by blood, marriage or adoption.
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Fort Collins
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An individual living alone, or either of the following
groups living together as a single housekeeping unit and sharing common
living, sleeping, cooking and eating facilities:
(1) any number of persons related by blood,
marriage, adoption, guardianship, or other duly authorized custodial
relationship unless such number is otherwise specifically limited in the Land
Use Code; or
(2) any related group of persons consisting
of:
a.
not more than 3 persons; or
b.
not more than 2 unrelated adults and their related children, if any.
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Loveland
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An individual, or either of the following groups living
together as a single housekeeping unit and sharing common living, sleeping, cooking
and eating facilities:
(1) any number of persons related by blood,
marriage, adoption, guardianship or other duly authorized custodial
relationship, unless such number is otherwise specifically limited in this
Title; or
(2) Any unrelated group of persons consisting
of:
a. not more than 3 persons; or
b. not more than 2 unrelated adults and
their related children, if any.
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WELD COUNTY
(Unincorporated)
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An individual, or a group of 2 or more individuals related
by blood, marriage or adoption, living together.
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