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HomeMy WebLinkAboutOrdinance 2012-1520CI TY OF WHEAT RIDGE, COL ORADO INTRODUCED BY COUNCIL MEMBER STARKER Council Bill No. 17 Ordinance No. 1 c; 10 Series of 2012 TITLE: AN ORDINANCE ADDING A NEW SECTION 26-63 8 TO CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING ZONING, TO DEFINE OCCUPANCY LIMITS AND AUTHORIZE THE ENFORCEMENT OF SUCH LIMITS AS A CIVIL MATTER WHEREAS , the City of Wheat Ridge, Colorado (the "City"), is a Colorado home rule municipality, duly organized and existing pursuant to Sect1on 6 of Article XX of the Colorado Constjtution; and WHEREAS, pursuant to its home rule authority and Article 23 of Title 31 of the Colora do Revised Statutes, the City, acting through its City Council (the "Council"), previously adopted planning and zoning regulations , codified as Chapter 26 of the Wheat R idge Code of Laws (the "Code"); and WHEREAS, the City 's zoning regulations currently limit the number of unrelated individuals who may reside in a reside ntial dwelling unit b y virtue of the definitions of "family ," "dwelling u n it," a nd t h e pe rm itted u se schedule and table codif ied in various sections throughout Chapter 26 of the C ode ; and WHEREAS, the Council finds that adopting a single Code sectio n concerning occupancy li mits in reg a rds t o dwelling units would facilitate pu b lic un de r stand ing of what is permitted and p rohibited as well as facilitate the Cit y 's enforcement of the occupa ncy limits; and WHEREAS, the Council further finds that it is a ppropri ate and desirable to designate a viol atio n of such occupancy limit s as a civil m atter, for which violators may not be sentenced t o jail and for which the City 's burden of proof is by a preponderance of the evidence. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO : Section 1. Article VI of Chapter 26 of th e Wheat Ridge Code of Laws, concerning z oning supplementary r egulations, is hereby amended b y the addition of a new Section 26-638, to read in its entir ety as follow s: Sec. 26-638. O c cupancy Limits. A. E xcept as provided In subsections B. and E. hereof, the maximum occupa ncy allowed per dwelling unit in a one-family, two-fa mily or multi-family dwell1ng shall be either: 1. One (1) family , a s defined by Section 26-123 of this Code, and not more than one (1) a dditional pe rson; or 2. Two (2) adults and t heir dependents. if a ny, a nd not more than one (1) additional p erson. B. Excepti ons. The following shall be exempt from the maximum occupancy limit established in Subsection A above : 1. Residential group homes that conform to the requirements of Section 26-612 of this Code ; and 2 . Dwellings owned and operated by a nonprofit organ ization incorporated under the laws of this state for the purpose of providing housing to victims of domestic violence as such is defined in C.R.S . § 18-6-800.03. C. A violation of th is Section sha ll be proven by a preponderance of the evidence as a c ivil matter for wh ich impri sonment shall not be imposed. The owner and any other person responsible for the management or control of a dwelling unit shall be liable for allowing occupancy in excess of this Section if he or she knew, or through reasonable diligence should have known , that a violation of this Section was occurring. D. Definitions. The following words , terms and phrases, when used in this Section , shall have the following meanings: 1. Adult shall mean any person eighteen {18) years of age or older who is not a dependent. 2 . Dependent shall mean the b iolog ical child of an adult occupying a dwe lling unit , or a person related to an adu lt by reason of adoption, guard iansh ip or other duly authorized custodial relationship , who receives financial support from the adult and who resides with the adult in the dwelling unit at least three (3) calendar months in a calendar year. 3. Occupancy or occupy shall mean the use of a dwelling un it or any portion thereof for living and sleeping purposes by a person act ing in any of the following capacities: a . As an owner of the unit; b. As a tenant under an express or impl ied lease or sublease of the unit or of any portion thereof; c. As the dependent of such an owner or tenant: or d. As a guest or invitee of the owner, property manager, lessee or sublessee of the unit or of the dependent of any of the same, if such guest or invitee stays overnight at the unit for a total of th irty (30) or more days within any twelve-month period . E. Noth ing in this Section shall operate to amend , abrogate or otherwise affect the validity of occupancy limitations as applied to building standards and regulations of the City, as set forth in Chapter 5 of this Code , including all technical codes adopted by reference there in. In the event of a conflict between two applicable occupancy standards , the stricter (lower) occupancy limit shall apply. 2 Secti o n 2. S afety Cla use. The City Council hereby finds , determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge , that it is promulgated for the health . safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare . The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained . Sec t i on 3. Severab i lityj Conflicting Ordi nances Repea led. If any section , subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid , the validity of the remaining sections , subsections and clauses shall not be affected thereby . All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed . Secti on 4. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication , as provided by Section 5.11 of the Charter. INTRODUCED, READ , AND ADOPTED on first reading by a vote of 8 to 0 on this 27th day of August, 2012 , ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for September 10, 2012, at 7:00 o'clock p.m., in the Council Chambers , 7500 West 29th Avenue , Wheat Ridge , Colorado . READ , ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 6 to u , this lOth day of St::oc••..,:.wr . 2012 . ATTEST: First Publication : August 30 , 2012 Second Publication : September 13 , 2012 Wheat Ridge Transcript Effective Date : September 28, 2012 3