Woodland Park planners review ordinance to align ADU and occupancy rules with 2024 state laws

Woodland Park planning staff presented a draft ordinance at the Planning Commission work session on Aug. 14, 2025, to amend the city code so it complies with two 2024 state laws: House Bill 1007, on residential occupancy limits, and House Bill 1152, on accessory dwelling units (ADUs).

Karen, a city planning staff member, told commissioners the city’s larger code rewrite is taking longer than expected and staff brought forward a focused ordinance so Woodland Park will not be out of compliance with state law. “I did have opportunity to opportunity to have someone from Nina’s office, review all this,” Karen said, adding the draft language has had a legal review.

The draft would remove the city’s definition of “family” and add the state-model definitions for “household” and “household living.” It also separates the existing single ADU definition into three clearer definitions: “accessory dwelling unit,” “habitable dwelling unit,” and “primary unit.” Karen said the changes are intended to implement the state requirements without waiting for the full recodification.

Key changes staff highlighted

- Parking: The draft removes the city’s ability to require additional parking for ADUs. Karen said, “what we cannot require anymore is parking spaces,” and noted that if an ADU is later used as a short-term rental, parking requirements in the STR code could still apply.

- Owner-occupancy and subletting limits: The city would be limited to requiring owner occupancy only at the time of permitting; post-permit owner-occupancy or blanket subletting prohibitions are struck from the code.

- Annual ADU registration: The draft deletes the city’s annual ADU permit/registration requirement, which staff said was rarely enforced and is now inconsistent with state limits on local controls.

- Density/separation limits: Previously adopted separation requirements (for example, a 300- or 600-foot spacing rule between ADUs) are removed because state law precludes those local limits.

What the city can keep

Karen said not all local controls are preempted. The draft retains several limits and design standards the city considers important: ADUs would remain subject to size limits (no larger than the primary unit, not to exceed 800 square feet, not smaller than 300 square feet), a two-bedroom maximum for ADUs and an occupancy limit of four people were included in the draft. The draft also preserves the city’s design requirements that govern facades, roof pitch, siding and windows so ADUs visually harmonize with primary structures.

Nonconforming ADUs and enforcement

Staff told commissioners there are a small number of existing nonconforming ADUs in the city (staff estimated “like 12 or 18”), and the draft provides a pathway for owners to certify and bring those units into conformance. If owners do not seek certification, staff said, the units remain legal nonconforming and may continue to be used as they are.

Functional-ADU language and enforcement tools

The draft contains provisions that would allow staff to identify and treat “functional ADUs” as ADUs even where a plan or permit tries to disguise the use (for example, by showing only a wet bar that can be readily used as a kitchen). Staff described criteria that presume a functional ADU: a separate entrance (interior or exterior), sleeping areas suitable for overnight occupancy, a bathroom with bathing facilities and a kitchen or kitchenette with a sink and cooking appliance or an outlet intended to support one.

Process and next steps

Karen said she had already placed the ordinance on the commission’s calendar for the next formal meeting so the commission could consider a recommendation to City Council; she also said she will attend that hearing via Zoom. She asked commissioners to include the relevant house bills in the packet for the hearing so members and the public can review the statutory language directly.

Commissioner and public reaction

Several commissioners asked clarifying questions about where ADUs will be allowed in the City’s use table, whether lot-coverage and setback limits would still constrain ADU placement, and whether the “where permitted” wording was needed in the draft. Karen said setbacks and lot-coverage rules continue to apply and that she would confirm whether the draft should explicitly reference lot-coverage limits.

A few commissioners expressed unease about the state mandate itself and said they prefer land-use decisions to stay local; others said the size and bedroom limits preserved in the draft alleviate some concerns about large ADUs.

Why this matters

If the city does not adopt code language complying with the two state bills, staff warned, Woodland Park could risk ineligibility for certain state grant programs and face legal challenges to local enforcement. The focused ordinance is intended to meet those statewide minimums while preserving as many local design and size controls as state law allows.

What the draft does not do

The draft does not change the City’s design standards, does not add new separation or density limits that state law preempts, and (per staff) does not alter lot setbacks and other zoning constraints that already limit building footprints. It also does not create a new annual ADU registration system.

Next procedural steps

Staff will revise the draft per minor edits discussed at the work session, include the applying state house bills in the meeting materials, and return the ordinance for the commission’s formal consideration and a potential recommendation to City Council.