Wheat Ridge adopts ADU ordinance changes to comply with state law, removes broad owner-occupancy deed restriction
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Summary
City council adopted changes to accessory dwelling unit (ADU) regulations to align with state legislation, modifying size limits, allowing ADUs in existing planned developments, and removing a blanket owner-occupancy deed-restriction requirement in most cases.
WHEAT RIDGE, Colo. — Wheat Ridge’s City Council adopted an ordinance on second reading updating local rules for accessory dwelling units to align the city’s code with recent state legislation.
The ordinance updates section 26-6-46 of the Wheat Ridge Code of Laws to change ADU size limits, allow ADUs in existing planned developments, and revise owner-occupancy requirements. The changes were adopted unanimously.
Why it matters: The state adopted new ADU rules that take effect June 30, 2025. Cities must allow ADUs on lots with single-family homes and cannot impose arbitrary restrictions that effectively limit their use. The Wheat Ridge ordinance aims to keep the city in compliance while preserving the city’s ability to regulate short-term rentals.
What changed - Size: The ordinance clarifies allowable ADU size (proposed range discussed: roughly 250–750 square feet usable for 1–2 bedrooms, and ADUs must remain smaller than the primary dwelling). The code will be updated to reflect a size allowance while ensuring ADUs are smaller than the primary unit. - Planned developments: ADUs will be allowed in existing plan developments where single-family dwellings are allowed; they will still need to meet the plan development’s development standards. - Owner occupancy: The city removed the blanket requirement to record an owner-occupancy deed restriction for new ADUs on lots with an occupied existing primary dwelling and will no longer require deed-restriction enforcement after construction. The ordinance retains owner-occupancy enforcement for ADUs used as short-term rentals; such enforcement is handled through the city’s short-term rental licensing process, which requires annual attestation of occupancy.
Discussion and next steps: Councilors asked about the durability of the changes if state law is later repealed or held unconstitutional. Staff presented four options: a separate motion directing a future study session, including a study-session requirement within the ordinance, an automatic sunset/repeal tied to a state change (more complex), or no action until a change occurs. Following discussion, council voted to adopt the ordinance and approved a separate motion directing staff to schedule a study session if the state statute is repealed or invalidated.
Sources: Presentation by Senior Planner Scott Cutler and Community Development staff during the May council meeting. The meeting record shows unanimous council approval of the ordinance on second reading.
