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Commission recommends amendment to ADU rules to comply with state law
Summary
Nederland Planning Commission voted to recommend Ordinance 892, which revises municipal code to prevent accessory dwelling units (ADUs) from triggering a larger minimum-lot-size than the underlying primary-dwelling requirement, addressing DOLA's compliance concern with House Bill 24-1152.
The Nederland Planning Commission voted to recommend approval of Ordinance 892, an amendment to section 16-33 of the municipal code that clarifies minimum lot-size calculations for accessory dwelling units (ADUs).
Britt Demink, the town’s community planner, told commissioners that the Colorado Department of Local Affairs (DOLA) had identified language in the earlier amendment that could force a higher minimum lot-size for properties with an ADU than for comparable single-family homes. The draft ordinance removes that potential discrepancy by preventing a detached ADU from triggering an additional lot-size requirement beyond the underlying zoning district’s primary-dwelling standard.
Demink summarized the change: "The current code language applies the minimum lot-size of the underlying zoning district to both primary dwelling units and accessory dwelling units; the revision eliminates that separate detached-ADU minimum so ADUs won’t be held to a larger lot-size than single-family homes." Commissioners asked clarifying questions about integrated ADUs, shared driveways and parking; staff confirmed that integrated (attached) ADUs remain subject to building- and fire-code requirements and that the town’s yard and bulk setbacks still apply.
The ordinance’s effect in practical terms: in some medium-density areas the prior code effectively required about 8,000 square feet per dwelling; detached ADUs in other zones had a 16,000-square-foot trigger. Removing the detached-ADU trigger permits some lots (for example in mountain-residential zones with larger parcels) to qualify to add ADUs provided they meet setbacks and other code standards. Commissioners voted by roll-call to recommend approval of the ordinance; recorded votes showed the motion carried unanimously among members present.
The planning commission’s recommendation will be forwarded to the Board of Trustees for consideration. Staff said the change does not modify building code or other permitting requirements; it only adjusts the lot-size calculation so state law (House Bill 24-1152) is reflected in local code.
Next steps: the Board of Trustees will receive the commission’s recommendation and may schedule public hearings and final readings according to the town’s ordinance process.
