Brighton council approves first reading to loosen rules for ADUs and manufactured homes

The Brighton City Council on a 6-0 vote approved on first reading ordinance amendments to the land use and municipal codes that change how accessory dwelling units (ADUs), manufactured homes and related definitions are regulated.

City staff and council members said the changes are intended to implement a recently passed state House bill that takes effect July 1 and to remove process barriers so ADUs are more financially and logistically feasible.

Sean Wyman, Affordable Housing Coordinator, told the council that “ADUs are separate and subordinate dwelling units on the same lot as the principal residence.” He said the amendments remove several requirements and align Brighton code with the state law, including the clarification that property owners are not required to occupy either the primary residence or the ADU. Wyman also said, “That’s another reason why these changes are important in that we want to prevent non complying ADUs. We want to promote applying for the permit and doing it properly.”

Key technical changes discussed include: - The city will not require additional parking for an ADU except where no existing parking is available; a licensed plumber’s water-demand report will be accepted in place of the current professional-engineer requirement for water calculations. - ADUs will be limited to two stories and 35 feet in height and no larger than the size of the primary home or 1,200 square feet, whichever is smaller; staff also referenced a state minimum allowance cited in the presentation (750 square feet) in describing how the city is reconciling local and state thresholds. - The amendments remove manufactured-home dimensional requirements from the land use code and defer them to the municipal/building codes so manufactured units can be used as ADUs.

Council members pressed staff on practical implementation issues. Council Member (first name not recorded) asked how homeowners would connect ADUs to water and sewer; Wyman and the utilities director explained that a plumber’s fixture count will determine whether the existing water tap is adequate and that Metro Wastewater bills sewer fees based on tap size. The utilities director said that if the water tap size does not change, “there is no additional fees that would be due.”

Staff said the Planning Commission recommended the amendments and that the ordinance will return for a second reading and publication before taking final effect. The council voted to approve the ordinance on first reading; the motion to approve was moved by Council Member Taddeo and seconded by Council Member Fiddler, and the roll call vote was 6-0 with two members absent.

The council and staff repeatedly emphasized that the changes are intended to encourage legal permitting of ADUs, reduce noncompliant conversions, and to study follow-up items such as impact-fee reductions and implementation guidance from the Department of Local Affairs (DOLA).