Wheat Ridge staff advise code changes to comply with new state land-use bills on occupancy, parking and ADUs
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Summary
City staff briefed council on three state land-use bills that require changes to Wheat Ridge zoning and permitting: residential-occupancy limits, removal of minimum parking for multiunit housing near transit, and ADU rules including size and owner-occupancy provisions.
Wheat Ridge staff told the city council on March 17 that several 2024–2025 state land-use bills require the city to change local code language for residential occupancy, multiunit parking and accessory dwelling units (ADUs).
City Manager staff and City Attorney Scott (presenting) said the state bills are designated “mixed concern,” which allows local rules to remain so long as they do not prohibit activities the state now requires. "We will need to modify the definition of family, congregate care home, and our occupancy limit section to remove that numerical limit and rely instead on building code standards and health and safety standards," Scott said, describing compliance work on the occupancy bill.
Residential occupancy limits: Staff said the bill that restricts municipal limits on household composition took effect in July 2024 and the city already amended its charter (Ballot measure 2B approved by Wheat Ridge voters in November 2024) to remove family-number limits. The Zoning Code still contains legacy family-based occupancy language and staff recommended replacing those provisions with household and building-safety standards—square-foot-per-person, exit windows and fire-code requirements—rather than a numerical cap tied to familial relationships. Council signaled consensus to proceed.
Minimum parking for multiunit residential: Staff said a House bill prohibits municipal minimum off-street parking requirements for new multiunit residential developments located in a state-defined transit service area (areas within a quarter mile of frequent bus or rail service). The staff analysis showed the transit-service-area map covers most Wheat Ridge parcels that allow multiunit housing. Staff recommended complying by removing minimum parking requirements for apartment and typical multifamily buildings while retaining parking standards for townhomes (which are fee-simple, single-unit attached residences). Staff also proposed changing the city’s EV-charging requirement so it is based on the number of parking spaces actually provided rather than a code-based minimum (because the minimum could become zero). Council agreed with staff’s recommended approach and asked staff to return code language for adoption.
Accessory dwelling units (ADUs): Staff said House Bill 20‑4‑1152 requires municipalities to allow ADUs by administrative approval and sets a minimum ADU size range intended to ensure a one-bedroom layout is feasible (500–750 square feet). Wheat Ridge’s current ADU rules tie ADU size to the primary dwelling (50% of house size up to 4,000 sq ft); staff recommended changing the zoning code to guarantee the 500–750 sq ft range where necessary while still allowing smaller or larger units when other code standards are met. The bill also restricts post-permit deed restrictions on owner-occupancy; staff recommended retaining owner-occupancy limits only for ADUs that will be short-term rentals and otherwise removing deed-restriction requirements that are difficult to enforce after sale. Council gave consensus to remove the blanket owner-occupancy deed-restriction approach and to pursue compliance.
Staff said some state guidance and implementation timelines remain forthcoming—transit-oriented community guidance in particular—and recommended bringing formal code amendments to council for adoption later this year. The city will also be required to report compliance to the state by the dates specified in the new laws.
Ending: Council members asked staff to return specific draft code language and to consider complementary city steps such as parking-maximum discussions, incentives for EV infrastructure and exploring ADU-supportive incentives to qualify for potential state funding.
