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Aurora to align ADU rules with state law; city to remove conditional-use requirement and expand zones
Summary
Planners presented proposed UDO changes to permit accessory dwelling units (ADUs) consistent with a state house bill; staff will remove a conditional use permit requirement, expand permitted zones, update definitions and publish a draft for public review.
City planning staff presented a proposed Unified Development Ordinance (UDO) update on April 9 to align Aurora's accessory dwelling unit (ADU) rules with state legislation requiring jurisdictions to allow ADUs where single-family detached homes are permitted.
Jeremiah Fettig, planner in the Planning and Business Development Department, told the committee the bill requires jurisdictions to permit ADUs on lots where single-family detached dwellings are allowed and outlines broad constraints and permissions for local regulation. "The bill requires subject jurisdictions across Colorado to permit ADUs on all lots where single family detached units are permitted," Fettig said, summarizing what staff believe are the bill's main requirements: an administrative approval process, allowed size ranges, limits on design and dimensional restrictions beyond those for single-family dwellings, and restrictions on covenants that would bar ADUs that otherwise comply.
Fettig explained Aurora has allowed ADUs since 2018 but under restrictive rules: ADUs were only permitted in three zoning districts with conditional-use permits, limited to detached rear-yard units, smaller than the state allowance, and required alley access. Staff propose removing the conditional-use requirement, expanding the zoning districts where ADUs are permitted, revising size and type definitions to include interior, attached and detached ADUs, and removing subjective restrictions from use-specific standards.
Committee members raised concerns about homeowner associations and local control. Council Member Bergen said the presentation should not opine on HOA authority because the bill's statutory language refers to "local government" and not HOAs; staff agreed to remove HOA language from future presentations. Council Member Jurinski criticized the state for reducing local home-rule authority and said jurisdictions may challenge the legislation.
Fettig said staff will publish a draft of proposed code changes on Engage Aurora, hold study sessions before the Planning and Zoning Commission and City Council, and schedule public hearings as required. No formal committee vote was taken at the April 9 briefing.
