City of Boulder proposes scrapping occupancy limits, removing the word ‘family’ from housing-related city code

City of Boulder officials have proposed an ordinance to eliminate occupancy limits on unrelated people living together, a move that could mark the end of decades of contentious debate over housing rules many view as discriminatory.

The proposal also removes references to “family” from all city code dealing with housing, in part to reflect contemporary living patterns and promote inclusivity. Family definitions in zoning laws have historically excluded certain people, including unmarried couples and nontraditional households, from certain neighborhoods. Health and safety standards, such as those in building and fire codes, which can limit the number of occupants in rooms and homes, would remain in effect. 

On Dec. 3, the city’s Planning Board recommended that the Boulder City Council approve the ordinance. A public hearing and council vote are scheduled for Feb. 6, 2025.

The debate over occupancy limits stretches back to the 1960s, when cities across the U.S. enacted the zoning rules to address overcrowding and nuisance concerns, particularly in college neighborhoods. Boulder has long defended its limits as necessary to protect the health, safety and welfare of the community. However, critics argue such policies exacerbate the housing shortage, drive up costs and restrict who can live where.

In August 2023, Boulder raised its occupancy limits from three to five unrelated people across most of the city, as part of a broader effort to drive down housing costs. But in April 2024, Gov. Jared Polis signed a law prohibiting cities from enacting or enforcing occupancy limits based on familial relationships, calling such rules discriminatory. In the 1990s, occupancy limits were sometimes called “living-in-sin” ordinances, effectively penalizing unmarried same-sex couples.

The state law took effect July 1, prompting Boulder to cease enforcing its limits while officials drafted a new ordinance. 

The proposed ordinance removes all references to occupancy limits for unrelated people in Title 9 of the city’s land-use code. Instead, city code will be amended to adopt the International Property Maintenance Code, which sets minimum bedroom and living space standards. For instance, bedrooms must be at least 70 square feet, with 50 square feet per occupant for rooms with multiple people. 

Beyond occupancy, the 89-page ordinance removes all references to “family” from housing terminology. Single-family homes would be redefined as “detached dwelling units,” while multi-family homes would become “multi-unit dwellings.” 

Several members of the city’s Planning Board mentioned their support for this change. 

“It’s value-laden language,” Claudia Hanson Thiem, a member of the Planning Board, said at the Dec. 3 meeting. “And it pops up in a lot of other places in the city, even in our recent Area III study, where I noticed there was a distinction made between ‘residential communities’ and ‘apartment buildings,’ as though those two things were opposed to each other.” 

The ordinance also erases a chapter in the code on cooperative housing, which was introduced in 2017. The code requires co-ops to obtain licenses and includes strict provisions, such as a 500-foot buffer between co-ops, to prevent clusters of this housing type in a single neighborhood, and granting the city manager authority to vacate properties for certain violations.

Thiem said she was glad to see this section removed, despite the fact that community members had worked for years to earn even that limited level of recognition for co-ops. 

“It’s kind of bittersweet to see their efforts literally being erased,” Thiem said. “I hope even as we recommend approving these changes to occupancy limits, that we will have some institutional memory about how long it has taken us to make progress on this issue and where we are coming from.”