§ 8-31. Density.

(a)

Notwithstanding the provisions of all other city ordinances, the maximum number of persons per unit is as follows:

(1)

Dwelling unit. No more than two (2) occupants per each bedroom plus one (1) additional occupant are permitted to reside in a dwelling unit.

(2)

Hotel.

a.

The maximum number of occupants per hotel room in which the same group of occupants stays fewer than thirty (30) consecutive days is no more than four (4) occupants per each bedroom plus one (1) additional occupant.

b.

The maximum number of occupants per hotel room in which the same group of occupants stays thirty (30) or more consecutive days is as follows: in an efficiency hotel room, the density shall not exceed three (3) occupants; in a one-bedroom hotel room, the density shall not exceed four (4) occupants; in a two-bedroom hotel room, the density shall not exceed five (5) occupants; in a three-bedroom hotel room, the density shall not exceed six (6) occupants.

(b)

The owner, manager, and licensee shall keep records that reflect the number of occupants in each dwelling unit. Said records shall be available for review by the city during regular working hours or upon receipt of reasonable notice.

(c)

It shall be unlawful and a violation of this section for an owner or manager to permit or allow a violation of any of the terms of this section.

(d)

It is unlawful for an occupant to violate, or permit, or allow any person or persons to reside in the occupant's unit in violation of this section.

(e)

It is an affirmative defense to the density requirements of this section that a family residing in a dwelling unit in April 1985 continues to reside in the same dwelling unit. This defense does not apply to, permit, or allow any additional unrelated parties to reside in the occupied dwelling unit.

(f)

An owner may establish a more restrictive density for each dwelling unit provided the density is based upon occupants per each bedroom.

(g)

Multi-family dwelling community notice display. To assist compliance with the density requirements of this chapter, all licensees of a multi-family dwelling community shall display in a conspicuous place, the following notice, the form of which may be furnished by the building official:

CITY OF IRVING IMPOSES THE
FOLLOWING MAXIMUM DENSITY
REQUIREMENTS:

One-bedroom or efficiency — No more than three (3) occupants per unit.

Two-bedrooms — No more than five (5) occupants per unit.

Three-bedrooms — No more than seven (7) occupants per unit.

Four or more bedrooms — No more than nine (9) plus two (2) additional occupants for each additional bedroom.

Or, in the alternative, the licensee may display a similar notice that states the licensee's density requirements that are as strict as or stricter than the standards set by this section.

(Ord. No. 2008-9000, § 2, 10-2-08)