Wheat Ridge plans ADU code changes to comply with new state legislation

Wheat Ridge City Council is gearing up for significant changes to its Accessory Dwelling Unit (ADU) regulations, following new state legislation aimed at increasing housing options. During a recent study session, city officials discussed the implications of the new law, which mandates that municipalities allow ADUs on properties with single-unit homes through an administrative approval process. Wheat Ridge has already been compliant since August 2022, but the new legislation requires further adjustments.

One of the key changes involves the size of ADUs. The state law stipulates that ADUs must be between 500 and 750 square feet, ensuring they are large enough to accommodate essential living facilities. Currently, Wheat Ridge limits ADU size to 50% of the primary dwelling's square footage, which can result in smaller units that may not meet the new requirements. City staff emphasized the need to revise local codes to align with the state mandate, particularly to support homeowners with smaller primary residences who wish to build ADUs.

Another significant topic was the owner occupancy requirement. The state bill generally prohibits blanket owner occupancy rules, which have been a cornerstone of Wheat Ridge's ADU policy. Currently, property owners must demonstrate that they occupy either the primary dwelling or the ADU. The new law allows for more flexibility, particularly for new constructions and short-term rentals. Council members expressed concerns about the practicality of enforcing owner occupancy, with some suggesting that the requirement may be unnecessary moving forward.

Additionally, the legislation requires that ADUs be permitted in existing planned developments, treating them similarly to standard zoning districts. This change aims to ensure that residents in planned developments have the same opportunities as those in other areas to build ADUs.

City officials are seeking consensus from the council on these proposed changes, which will require updates to local codes to comply with the new state law. The council's discussions highlighted the balance between increasing housing options and maintaining community standards, with members recognizing the challenges of enforcement and the evolving nature of housing needs in Wheat Ridge. As the city prepares to implement these changes by the June 30 deadline, the focus remains on fostering a more inclusive housing environment while addressing the practicalities of ADU development.