Residential Occupancy Ordinance

Project Summary

Staff is bringing forth an ordinance which proposes to amend Title 17, Zoning of the Broomfield Municipal Code, to address changes in State Law relating to the HOME (Harmonizing Occupancy Measures Equitably) Act (HB24-1007).

On July 2, 2024, a study session was held to provide an overview of areas in the Broomfield Municipal Code that did not meet the requirements of the HOME Act (HB24-1007), and provide recommendations on changes to the Broomfield Municipal Code to align with the requirements of the HOME Act.

Compliance with the HOME Act (HB24-1007) was required by July 1, 2024. Broomfield complies with the effective date of the legislation by not taking enforcement actions after the effective date related to residential occupancy unless the enforcement action was in compliance with the limitations of the HOME Act.

Ordinance No. 2241 would amend the Municipal Code to ensure alignment with the new requirements created by the HOME Act (HB24-1007).

Ordinance Details and Staff Analysis

Proposed Ordinance No. 2241 would amend applicable sections of the Broomfield Municipal Code related residential occupancy to bring Broomfield code into compliance with HB24-1007 (also known as the HOME Act) which was new legislation signed into law following the 2024 Colorado Legislative Session. Additional information on the background of the house bill and Broomfield's local regulations and the proposed changes to code are outlined below.

Background on HB24-1007 and Broomfield's Residential Occupancy Law

HB 24-1007 prohibits local governments from enacting or enforcing residential occupancy limits based on familial relationships. This relatively short bill has two main components:

1. Local governments can not limit the number of people who may live together in a single dwelling based on familial relationships.

2. Local governments can implement residential occupancy based on the following:

   1. Demonstrated health and safety standards, such as international building code standards, fire code regulations, or Colorado Department of Public Health and Environment Wastewater and Water Quality Standards

   2. Local, state, federal, or political subdivision affordable housing program guidelines

Compliance with HB24-1007 was required by July 1, 2024. Broomfield complied with this effective date of the legislation by not taking enforcement actions after July 1, 2024 unless such action is in compliance with the limitations of HB24-1007. Ordinance No. 2241 would formally amend the Municipal Code to ensure alignment with the new requirements.

The Broomfield Municipal Code includes the following definitions for terms utilized throughout the zoning code.

“One-family dwelling” is defined in Section 17-04-095 as:

a detached building, arranged and designed as a single dwelling unit, other than a mobile home, and used exclusively by not more than one family, household group living facility or household group, which has not less than one bathroom and minimum floor area of 850 square feet, unless otherwise specified within the appropriate zone district.

“Family” is defined in Section 17-04-130 BMC as:

1. Family means any one of the following:

   1. One person living alone;

   2. Two or more persons all of whom are related by blood, marriage, or legal adoption, together with up to four 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

   3. A group including not more than two adults, together with any number of children, related by blood or legal adoption to at least one of the adults.

2. As used in this section, an adult means a person eighteen or older, and child means a person under the age of eighteen.

3. A family shall not include more than one person required to register as a sex offender pursuant to Section 18-3-412.5, C.R.S., unless related by marriage or consanguinity. Family shall not include any group of individuals who are in a group living arrangement as a result of criminal offenses.

“Household group” is defined in Section 17-04-202 BMC to include the following:

1. Household group means any one of the following, provided that there is at least 400 square feet of finished interior space for each resident:

   1. A group not exceeding three persons living together as a single housekeeping unit, such group to be distinguished from a group occupying a boarding house, lodging house, club, fraternity, or hotel, except that such a household group may not include more than one individual who is required to register as a sex offender pursuant to Section 18-3-412.5, C.R.S.;

   2. Two or more persons all of who are related by blood, marriage, or legal adoption, together with not more than one adult boarder or domestic worker.

“Household group living facility” is defined in 17-04-203 BMC to include the following:

Household Group Living Facility means any one of the following, provided that there is at least 400 square feet of finished interior space for each resident:

1. A group of more than three, but not more than eight developmentally disabled persons living in a state-licensed group home or community-based residential facility for the developmentally disabled;

2. A group of more than three, but not more than eight persons in an owner-occupied or nonprofit group home for the exclusive use of persons sixty years of age or older, together with domestic workers; or

3. A group of more than three, but not more than eight persons with mental illness living in a state-licensed group home for persons with mental illness, subject, however, to limitations on such homes provided by state law.

4. A group of more than three, but not more than eight persons who are handicapped within the meaning of the Federal Fair Housing Act (FHA).

5. As used in this section, an adult means a person eighteen or older, and child means a person under the age of eighteen.

6. As used in this section, finished interior space includes any room with:

   1. Floor completely covered (except for heating, cooling, or ventilation grilles, cabinets, plumbing fixtures, and appliances), with one or more of the following materials: ceramic or vinyl tile, vinyl sheet goods, cork, rock, brick, carpeting, decorative concrete or finished wood flooring;

   2. Walls completely covered (except for doors, windows, cabinets, electrical outlets, plumbing fixtures, appliances, and heating and ventilation grilles) with one or more of the following materials: painted or wall-papered gypsum board or plaster, stucco, wood or composite panelling, ceramic or vinyl tile, vinyl sheet goods, cork, rock, decorative concrete or brick; and

   3. Ceiling completely covered (except for light fixtures, skylights, and heating, cooling, or ventilation grilles) with one or more of the following materials: painted or wall-papered gypsum board or plaster, stucco, wood or composite panelling, ceramic or vinyl tile, vinyl sheet goods, or acoustical panels.

7. As used in this section finished interior space does not include areas with exposed studs, joists, or plain concrete.

8. As used in this chapter, Recovery Residence means any premises, place, facility, or building that provides housing accommodation for individuals with a primary diagnosis of a substance use disorder that:

   1. is free from alcohol and non-prescribed or illicit drugs;

   2. promotes independent living and life skill development; and

   3. provides structured activities and recovery support services that are primarily intended to promote recovery from substance use disorders.

As noted above, Broomfield Municipal Code currently states that any number of individuals related by blood, marriage, or legal adoption together with up to four children can reside in a single-family dwelling, but if unrelated, then no more than three persons can live together as a single housekeeping unit. If unrelated, there are also requirements related to the square footage required per individual that is not applicable for families related by blood, marriage, or legal adoption. Since the Municipal Code’s current language related to occupancy differs depending on familial relationship, this occupancy standard does not meet the requirements of HB24-1007 and must be changed.

Changes proposed to the Broomfield Municipal Code in Ordinance No. 2241

If approved, Ordinance No. 2241 would make the following changes to the Broomfield Municipal Code:

• Provide new terms of single-unit dwelling and multi-unit dwelling that can be used interchangeably with single-family dwelling and multi-family dwelling to make it clear Broomfield is not requiring familial relationships to reside in a dwelling in Broomfield.

• Specify that the use of the term “family” within the zoning code does not necessarily mean familial relationship among household members.

• Clarify that a Group Living Home is a separate use with different standards than a single-unit dwelling and clarify that Group Living Homes are a permitted use where single-unit dwellings are permitted.

A draft version of the proposed ordinance has been included in the document library of this page and is consistent with the language as proposed for first reading. Should any changes be request by City Council during first reading those changes will be reflected in a revised draft and attached to this page following the October 1st scheduled meeting.

Public Engagement

You can engage with this project using the Questions and Comments tabs below, or by emailing planning@broomfield.org. This page will be open and accepting feedback and questions until the date of the scheduled 2nd Reading and Public Hearing of the proposed ordinance with City Council.

The project timeline on this page provides an overview of the next steps in the process as Broomfield considers the approval of this proposed ordinance.