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Wheat Ridge planners recommend code changes to remove family-based occupancy limits and align with state law
Summary
The Planning Commission recommended amending municipal code to remove definition-based occupancy caps tied to familial relationships and instead rely on building- and health‑safety standards; the change implements state law and a voter-approved charter cleanup.
The Wheat Ridge Planning Commission on April 17 voted unanimously to forward an ordinance to City Council to update the municipal code’s residential occupancy rules so they align with state law and a recent voter‑approved charter change.
Senior planner (staff) Scott Cutler told commissioners the state enacted legislation in 2024 prohibiting municipalities from limiting the number of occupants in a dwelling based on familial relationships, and that voters in Wheat Ridge approved a charter amendment (Ballot Measure 2B) removing the city’s prior “family unit” definition. Cutler said the code’s current occupancy section (26‑638) still referenced family-based limits — historically a cap of three unrelated persons — and that the proposed amendment removes the family definition and bases occupancy limits on building codes and health‑and‑safety standards instead.
“Occupancy is still able to be regulated based on other standards such as building codes or health and safety standards to prevent overcrowding,” Cutler said, summarizing the staff recommendation and noting that group homes are governed separately and are not affected by this change.
Cutler said the proposed change is largely administrative and intended to bring the code into conformity with state law (referenced in the hearing as House Bill 24‑1007) and the charter cleanup. He told commissioners that enforcing familial relationships in occupancy rules proved difficult in practice and could constrain housing options for unrelated roommates.
Commissioners did not receive public comment on the item. The commission moved and seconded a recommendation to approve the ordinance; the motion passed 6‑0. Two members were absent.
If City Council approves the ordinance, Wheat Ridge’s occupancy limits would rely on adopted building codes and health‑and‑safety standards rather than a numerical restriction tied to family status. Group homes and registered group living facilities would continue to be governed under their existing, separate regulations.
