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Commission backs ADU code change: removes owner‑occupancy requirement, reclassifies flat‑over‑flat duplexes as ADUs with building‑code tradeoffs
Summary
The Planning Commission recommended adoption of a text amendment removing the owner‑occupancy requirement for accessory dwelling units (ADUs) and bringing flat‑over‑flat duplexes under the ADU framework; staff said the change increases conversion flexibility but requires ADUs to meet duplex building‑code separations and utilities.
The Cheyenne Planning Commission on Jan. 5 recommended that the governing body adopt a text amendment to the Unified Development Code affecting accessory dwelling units (PLTA‑25‑10). Staff presented language to remove the owner‑occupancy requirement for ADUs, allow greater flexibility for parking (including on‑street credit), and classify flat‑over‑flat duplexes as ADUs to close an enforcement gap.
Seth Lloyd told the commission the intent is to expand housing options by making it easier to convert single‑family homes into lawful two‑unit configurations while ensuring consistent building‑code treatment. Lloyd said that without owner‑occupancy the ADU becomes functionally similar to a duplex and therefore the ADU would need to meet building‑code separations, utility access and related standards. Planning and Development Director Charles Bloom explained that previous owner‑occupied ADUs sometimes received reduced building‑code requirements because the units were family‑occupied; the proposed change would remove that carve‑out so ADUs meeting the new rules would be constructed to duplex standards for fire separation, access and utilities.
Commissioners asked whether separate meters would be required; staff said separate utility meters are not required by the proposed text, although they remain an option. Commissioners also discussed manufactured housing and confirmed the amendment does not change building‑code rules for HUD/manufactured homes. Dan Dorsch, executive director of Habitat for Humanity of Laramie County, spoke in support.
Commissioners added a small wording change in section 1.4.4 to clarify that ADUs “may take a form such as” listed examples (standalone accessory building, small addition to the principal building, or flat‑over‑flat duplex). The commission voted to recommend the amendment to the governing body.
