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Nederland amends code to remove minimum lot-size limit for ADUs to comply with state law

Board of Trustees of the Town of Nederland · July 28, 2026
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Summary

The board unanimously approved Ordinance 8-92 to amend Section 16-33, removing minimum lot-size requirements for accessory dwelling units while retaining setbacks and fire restrictions; planning commission recommended approval.

The Board of Trustees voted unanimously to approve Ordinance 8-92, which amends Section 16-33 of the Nederland Municipal Code to remove the town’s minimum lot-size requirement for accessory dwelling units (ADUs). Planner Demink explained the change was needed to bring local code into alignment with state requirements and to expand the ability of property owners to build ADUs where setbacks and fire restrictions can be met. "This would completely take that minimum lot size away," Demink said, noting that other protections such as fire rules and setbacks remain in place.

The planning commission had recommended approval on June 24. Several trustees asked clarifying questions about how the code currently rendered some existing ADUs nonconforming; Demink confirmed the amendment is meant to resolve that interpretation and to enable more housing consistent with the town’s comprehensive plan.