4-7 Residential Occupancy Regulations Purpose

Over-occupancy of dwelling units creates health and safety dangers to home occupants and their neighbors. These dangers include fire hazards, spread of disease to occupants and the general population, an opportunity for domestic violence and abuse, effects to mental health and other adverse impacts on the peace, comfort, and safety of residents. To protect against these dangers, the City established regulations limiting the number of occupants in a residence. These regulations are intended to ensure a good living environment in residential neighborhoods and reduce vehicle congestion, noise and overwhelming of public utilities. In general, the limitations are based on the size of the house, the size and number of bedrooms, the relationships of the residents, and fire safety standards. Failure to comply with any portion of these requirements constitutes a violation of legal occupancy allowances. A. Occupancy Standards Based on the Size of the Residence. The City limits the number of adult occupants in a house based upon the size of the entire dwelling unit. The following table outlines these limits for each type of dwelling unit. (see Table A1) Table A1 Livable Floor Area of Dwelling Unit (in square feet) 1,200 and under 1,201 to 1,750 1,751 to 2,400 2,401 to 3,150 3,151 to 4,000 4,001 to 4,500 4,501 to 5,000 Maximum Numbers of Adult Occupants* 4 adult occupants 5 related adult occupants 6 related adult occupants 7 related adult occupants 8 related adult occupants 9 related adult occupants 10 related adult occupants *Adult Occupant means any individual 18 years of age or older, living or sleeping in a building, or having possession of space within a building. In a condominium or apartment, the number of adults allowed is calculated by taking the square footage of the unit and dividing by 200. The result gives the number of adults who may live in that unit according to this standard (e.g., 4 adults are allowed in a 1000 square foot unit, though the standards of Section 2 will likely reduce the number allowed). B. Occupancy Standards for Bedrooms: One occupant - requires at least 70 square feet of floor area. Two or more occupants require at least 50 square feet of floor area per person. Bedroom Size Maximum Number of (square feet) Occupants per Room* *Number of Occupants includes adults and children An Example: Applying the Standards in a Single-Family Dwelling. Suppose you live in a townhouse with a livable floor area of 1,325 square feet and three bedrooms measuring 85, 108, and 156 square feet. To figure out the number of people who can live in your home, calculate how many people are allowed based on the tables in Sections 1 and 2 and then confirm the relationships allowed in Section 3. The standards in Section 1 (based on the size of the residence) permit five related adult occupants plus all related (based on the size of the residence) permit five related adult occupants plus all related children. The occupancy standards in Section 2 (bedroom size) allow six related persons (1 in the 85 square foot bedroom, 2 in the 108 square foot bedroom and 3 in the 156 square foot bedroom). The maximum number of people permitted in the residence must conform to the limits of both standards. Thus, this unit could house six persons, but not more than five adults may live there. Please note that if more than four persons live in the residence, they must all be related (Section 3). C. Relationship of Occupants. Residential dwellings may be occupied by any one of the following groups of persons or types of families: 1. Persons who are all related to one another by blood, marriage, or adoption. This includes husbands, wives, parents, children, grandparents, grandchildren, brothers, sisters, aunts, uncles, nephews, nieces, and first cousins, including "step" or "half" such relationships, as demonstrated by official public records such as drivers' licenses, birth or marriage certificates. (Subject to building and bedroom size regulations). 2. Up to four persons who are not all related to one another by blood, marriage, or adoption. 3. Two unrelated persons and any children related to either of them. 4. No more than eight persons who are residents of a group home or residential facilities for persons with disabilities as defined in the Utah Fair Housing Act, or who are handicapped or disabled as defined in the Fair Housing Act, federal law, or applicable jurisprudence. 5. Additionally, up to two persons who may be servants, live-in companions to the elderly or disabled, or "au-pair" employees may occupy the residence in addition to members of the family as defined above, EXCEPT a family as described in 3b above.