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Commission votes to recommend ADU and family-definition changes to update 2009 LDC to state law
Summary
The planning commission voted unanimously to recommend two LDC text amendments to City Council: to allow accessory dwelling units where single-family homes are allowed and to amend the definition of 'family' to remove an unrelated-person cap, aligning local code with recent state law.
The Commerce City Planning Commission recommended City Council adopt two text amendments to the 2009 Land Development Code to align local regulations with state housing laws and the city's new 2025 code.
Planner Seung Han summarized the background: recent 2024 state housing and land-use statutes require municipal updates and the city has already adopted a 2025 Land Development Code that will ultimately replace the 2009 code as properties rezone through a legislative process. As a stopgap, staff proposed two specific amendments to the 2009 code so the city is compliant with state deadlines.
Definition of family: Staff noted House Bill 241007 (effective July 1, 2024) "prohibits municipalities from imposing occupancy requirements based on family relationships" while allowing limits grounded in health, safety and objective building-code standards. Staff recommended removing the cap on unrelated persons in the 2009 LDC and deferring occupancy enforcement to the 2021 International Property Maintenance Code's objective standards (minimum bedroom size 70 sq ft; 50 sq ft per occupant).
Accessory Dwelling Units (ADUs): Staff said state law requires ADUs where single-family detached homes are permitted, to be approved administratively (no public hearing except in historic districts), and prohibits off-street parking and owner-occupancy requirements. To ensure ADUs remain accessory in character, staff recommended dimensional and locational limits (e.g., maximum size of 25% of the primary unit or 1,000 sq ft, baseline allowance 750 sq ft, detached ADU height no taller than the primary home or 20 ft).
Commission discussion focused on wording and nomenclature; staff explained the city's new 2025 code uses the term "household" rather than "family" and that this LDC redline is a temporary compliance measure. The commission voted unanimously to recommend both the ADU amendment and the family-definition amendment to City Council (each motion passed 4-0).
