Brighton planning commission pauses IADU rule change, seeks workshop on short-term rentals and water capacity

The Brighton Planning Commission on Sept. 18 opened a public hearing on proposed amendments to section 19.4203(o) governing internal accessory dwelling units (IADUs) and paused further action to seek broader stakeholder input.

Staff told the commission that the 2021 state law requires municipalities to allow certain interior accessory dwelling units and that Brighton has adopted the strict allowances the state permits, including minimum lot sizes, parking requirements and an affidavit attesting owner occupancy. Staff recommended clarifying town code language to make explicit that properties with an IADU are not eligible for short-term rental (STR) licenses, citing enforcement challenges and loopholes.

"The way part of the affidavit and part of the state code is that you have to live there as your primary residence," said Trent Sorensen, the town's community development director, explaining the state definitions and building-code differences between IADUs and duplexes. Sorensen warned that duplexes and full second-dwelling units are treated differently under building and fire codes and that IADUs were designed to be owner-occupied and more administratively straightforward than duplex conversions.

Residents who spoke at the hearing offered contrasting views. Morgan Sigefus read a letter from Carol McCullough asking the commission to recommend that council allow homes with an approved IADU to operate as an STR provided the water company gives written approval of availability and the property does not operate more than one STR. "Given that the town is not involved in the water business, any restrictions based on water usage should be avoided by town ordinances," the letter said.

Brian Reynolds, a Brighton resident, urged the commission to treat each property as having a finite capacity of bedrooms and bathrooms and called for policy choices that allocate that capacity between long-term and short-term uses.

Several commissioners and public commenters raised water-supply concerns. Commissioners urged that water companies provide supply-and-demand data or per-share capacity estimates and suggested requiring water meters and conservation or scarcity plans to avoid overusing limited local supplies. "We will hit a point where we will hit the limit of delivering water," one commissioner warned, pressing for studies to determine how many occupants a given property can sustain.

Multiple residents, including Wendy Smith and Amy Kelly, said the town should avoid drafting overly broad language that would eliminate homeowner flexibility and that policy choices should balance workforce housing needs with protection of neighborhood character.

After public comment, commissioners agreed the issue raised broader policy questions that touch short-term rental licensing, IADU definitions, and water-resource management. The commission voted to continue the ordinance until after a workshop that the staff will organize with the short-term rental task force, water providers and other stakeholders so the group can return with recommended language and enforcement mechanisms. Staff were directed to coordinate the workshop and report back to the commission.

Action at a glance: the commission opened the public hearing, heard multiple written and oral comments, and approved a motion to continue the IADU amendment until after a workshop; staff will prepare draft options and convene participants.

The commission did not adopt final code changes at the Sept. 18 meeting; the item will return after the scheduled workshop and any subsequent public hearing(s).