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0-2002-42
AN ORDINANCE
AMENDING SUBSECTIONS 17-2-2(106), 17-2-2(107), 17-2-2(123), 17-2-2(164), 17-13-3(4)(g), AND ARTICLE 17-16 OF THE LAKEWOOD ZONING ORDINANCE RELATING TO THE DEFINITIONS OF DUPLEX, DWELLING UNIT, FAMILY, HOUSEHOLD, HOME OCCUPATIONS AND AMORTIZATION
WHEREAS, the preservation of family style living and the preservation of the character of residential neighborhoods are legitimate zoning goals and the City of Lakewood is concerned with maintaining the stability and permanence generally associated with single family occupancy throughout its residential neighborhoods; and,
WHEREAS, a municipality may endeavor, by legitimate means, to secure and maintain the benefits which flow from residential zone districts, such as freedom from crowds, traffic and noise; and,
WHEREAS, the City of Lakewood possesses these goals and, by the regulations herein, implements them in a manner which bears a reasonable relationship to the problem sought to be ameliorated. Current zoning regulations provide only a limited restriction on the number of unrelated people who can live together in residential zone districts, which results in increased traffic and increased populace in single family residential zone districts; and,
WHEREAS, numerous citizens on numerous occasions have spoken at length at City Council meetings and expressed concern about deterioration of those residential neighborhoods in which unrelated individuals live together in single family dwelling units, causing increase in traffic and other problems; and,
WHEREAS, the City of Lakewood zoning ordinance provides zoning classifications which allow for ample apartment and townhouse uses, and there are presently many such uses in existence throughout the City; and,
WHEREAS, the City Council of the City of Lakewood has determined that the most effective and reasonable method of maintaining the stability and permanence generally associated with single family occupancy throughout its residential neighborhoods is to reduce and limit the number of unrelated people who may occupy single family dwelling units and duplex dwelling units based on the size of the dwelling unit; and,
WHEREAS, numerous appellate opinions, including those of the United States Supreme Court, approve of a municipality's ability to limit the number of unrelated people who live together in residential zone districts; and,
WHEREAS, the adoption of this Ordinance O-2002-42, will cause certain present land uses within the City to become nonconforming; and,
WHEREAS, the City Council of the City of Lakewood intends to amortize those uses which become nonconforming; and,
WHEREAS, the City Council of the City of Lakewood has reviewed legal sources and studies relating to the amortization of the uses which this Ordinance shall cause to be nonconforming; and
WHEREAS, in order to effectuate the purposes set forth above it is necessary
to amend the Lakewood Zoning Ordinance.
NOW, THEREFORE, BE IT ORDAINED By The City Council of The City of Lakewood,
Colorado, That:
SECTION 1. Section 17-2-2 (106) of the Lakewood Zoning Ordinance is amended to read as follows:
Duplex: A building designed for occupancy by two (2) single family households living in two (2) separate single family dwelling units attached by one or more common walls.
SECTION 2. Section 17-2-2 (107) of the Lakewood Zoning Ordinance is amended to read as follows:
Dwelling Unit - Single Family:
a) A building designed for occupancy by not more than one (1) single family household.
b) Manufactured Home: A single family dwelling unit which is partially or entirely manufactured in a factory, is not less than twenty-four (24) feet in width and thirty-six (36) feet in length, is installed on an engineered permanent foundation, has brick, wood or cosmetically equivalent exterior siding and a pitched roof, and is certified pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 USC 5401, et seq., as amended, and is built for the Colorado climate and snow loads according to the Department of Housing and Urban Development standards established under the provisions of 42 USC 5401, et seq.
c) Factory Built Home: A single family dwelling unit which is partially or
entirely manufactured in a factory and designed for long-term residential use;
built in multiple sections, each on a chassis which enables it to be transported
to its occupancy site; and is installed on a permanent foundation. Factory built
homes must be constructed to the standards of the State of Colorado Factory
Built Construction Code (8 CCR 1302-3) and bear a certification insignia in
compliance with those standards.
SECTION 3. Section 17-2-2 (123) of the Lakewood Zoning Ordinance is amended
to read as follows:
(123) Family:
1) An individual living alone; or
2) Any number of individuals, who are related by blood, marriage, or legal adoption, including foster children.
SECTION 4. Section 17-2-2 (164) of the Lakewood Zoning Ordinance is amended to read as follows:
(164) Household: This Zoning Ordinance allows "Households". For the purpose of differentiation between allowed single-family dwelling units and multiple household dwelling units the following two definitions shall be used to regulate occupants allowed in a household.
A. Single Family Household:
1) Any Family; or
2) Any unrelated group of individuals living together as a single housekeeping unit up to a maximum of one person per five hundred (500) gross square feet in the dwelling unit (including basements and excluding attached and/or detached garages) not to exceed five (5) individuals per dwelling unit; or
3) Not more than two (2) unrelated individuals and their related children and/or parents.
4) The following words, terms and phrases, and the following criteria, when used in this definition, shall have the meanings ascribed to them in this subsection.
a) Every dwelling unit shall be allowed three (3) individuals regardless of the number of square feet in the dwelling unit.
b) Any household which meets the definition of a group home or group living
quarters shall be evaluated, permitted and regulated as a group home or group
living quarters rather than as a household.
c) "Living together as a single housekeeping unit" is generally characterized
by a family like structure, and/or a sharing of
responsibility associated with the household, and a concept of
functioning as a family unit with a sense of permanency, as
opposed to the transient nature of a bed and breakfast
establishment, motel or hotel.
d) A household shall not include more than one individual who is required to register as a sex offender under the provisions of the Colorado Revised Statutes, 18-3-412.5, as amended. This Subsection (d) shall not apply to a registered sex offender who is living with his immediate family. For purposes of this Subsection (d), immediate family is defined as a person, the person's spouse, the person's parent, the person's grandparent, the person's brother or sister of the whole or half blood, the person's child, the person's step-child or the person's child by adoption.
e) Enforcement of Subsection (d) above shall occur only after notice of the violation has been sent by regular mail to the owner and tenant of the household and ten (10) days have elapsed after mailing of said notice.
B. Multiple Household:
1) Any Family; or
2) Any unrelated group of individuals living together as a single housekeeping unit up to a maximum of one person per habitable room;
3) Not more than two (2) unrelated individuals and their related children and/or parents.
4) The following words, terms and phrases, and the following criteria, when used in this definition, shall have the meanings ascribed to them in this subsection
a) "Habitable room" is space in a structure for living, sleeping, eating or cooking. Not included in this definition are bathrooms, toilet compartments, porches, balconies, unfinished rooms, closets, halls, storage and utility spaces, and similar spaces.
b) "Living together as a single housekeeping unit" is generally characterized
by a family like structure, and/or a sharing of responsibility associated with
the household, and a concept of functioning as a family unit with a sense of
permanency, as opposed to the transient nature of a bed and breakfast establishment,
motel or hotel.
c) Any household which meets the definition of a group home or group living
quarters shall be evaluated, permitted and regulated as a group home or group
living quarters rather than as a household.
d) A household shall not include more than one individual who is required to register as a sex offender under the provisions of the Colorado Revised Statutes, 18-3-412.5, as amended. This Subsection (d) shall not apply to a registered sex offender who is living with his immediate family. For purposes of this Subsection (d), immediate family is defined as a person, the person's spouse, the person's parent, the person's grandparent, the person's brother or sister of the whole or half blood, the person's child, the person's step-child or the person's child by adoption.
e) Enforcement of Subsection (d) above shall occur only after notice of the violation has been sent by regular mail to the owner and tenant of the household and ten (10) days have elapsed after mailing of said notice.
SECTION 5. Section 17-13-3 (4)(g) of the Lakewood Zoning Ordinance is amended to read as follows:
Renting of rooms: The renting of rooms to not more than two (2) persons per dwelling unit only in conjunction with a Family living in and owning the dwelling unit.
SECTION 6. Article 16 of the Lakewood Zoning Ordinance is amended by renaming the title of Article 16 to read as follows:
NONCONFORMING USES AND AMORTIZATION
SECTION 7. Article 16 of the Lakewood Zoning Ordinance is amended by the adoption of a new Section 17-16-11 to read as follows:
17-16-11 AMORTIZATION. Uses which are made nonconforming by Ordinance O-2002-42,
regulating the number of unrelated individuals in a single family dwelling unit,
shall be brought into conformance by December 31, 2005.
SECTION 8. Effective date. This ordinance shall take effect forty-five (45)
days after final publication.
I hereby attest and certify that the within and foregoing ordinance was introduced
and read on first reading at a regular meeting of the Lakewood City Council
on the 28th day of October, 2002; published in full in the Lakewood Sentinel
on the 31st day of October, 2002; set for public hearing on the 25th day of
November, 2002; read, finally passed and adopted by the City Council on the
25th day of November, 2002; and signed and approved by the Mayor on the 26th
day of November, 2002.
Stephen A. Burkholder, Mayor
ATTESTED AND CERTIFIED:
Margy Greer, City Clerk
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