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Brighton council approves ordinance to clarify ADU, IADU and short-term rental rules
Summary
The council approved an ordinance revising Title 5 and 19 to clarify definitions (kitchen, second kitchen, dwelling unit, owner-occupancy) and to regulate short‑term rentals in internal accessory dwelling units, including water-provider floor‑plan review, parking requirements, and limitations on renting both units separately.
The Brighton Town Council on a roll-call vote on May 13 approved an ordinance amending town code to clarify the definitions of kitchen, second kitchen, dwelling unit and owner occupancy and to regulate short‑term rental use of internal accessory dwelling units (IADUs).
Curtis, the planning staff member who presented the measure, said the changes respond to confusion created by overlapping state building codes and local practices. "We started back in September," Curtis said, and the planning commission recommended the current language after workshops and review. The ordinance allows a dwelling that contains an IADU to be rented in its entirety as one short‑term rental but prohibits renting the two units separately as two STRs. It also provides three owner‑occupancy pathways: the owner living there full time, the owner living there part‑time as a vacation home, or a long‑term caretaker under agreement with the owner.
The ordinance requires applicants to identify the exact portion of a building to be licensed so inspectors know what they are approving. It also directs water providers to review and approve floor plans (signature/stamp required) for both new and existing construction so providers may flag supply or infrastructure constraints. Parking on site must account for the most parking‑intensive allowable use under the license so a later change of unit use does not create noncompliance.
Council members questioned how ownership held by corporations or LLCs would satisfy the owner‑occupancy requirement. Curtis said the draft treats owner occupancy as fee‑simple ownership or a trust in which the principal trustee is an owner; the council agreed this provision warranted additional legal review and requested that staff and legal counsel return with options addressing enforceability and potential limits on corporate ownership.
The council moved and approved the ordinance identified in the packet as amending Titles 5 and 19 (ordinance number in packet: 2025‑0‑5‑1). The planning commission had voted to recommend the ordinance in April after the short‑term rental subcommittee and planning staff worked to balance building‑code, water‑supply and parking concerns with property‑owner options.
The measure will be refined administratively where needed and returned to council staff for follow‑up on LLC/ownership language and enforcement mechanisms.
