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Trustees adopt ADU code amendments to align with state law; staff recommends wildfire protections suffice
Summary
To comply with Colorado House Bill changes, trustees approved Ordinance 8‑88 updating accessory dwelling unit setbacks; staff recommended retaining current setback approach given wildfire‑resiliency code requirements that will guide construction near vegetated areas.
Staff presented proposed amendments to the accessory dwelling unit (ADU) section of the municipal code to bring local rules into compliance with state House Bill 24‑1152 (effective June 30, 2025). The proposed changes clarify accessory‑use setbacks by zone (MR, LDR, MDR, HDR, NC) and staff recommended a targeted amendment rather than broader changes because newly adopted wildfire‑resiliency requirements (ignition‑resistant materials, defensible space, ember‑resistant vent protection) will influence where property owners choose to place ADUs.
After brief discussion and no public testimony, the board moved and approved Ordinance 8‑88 amending NMC Section 16‑33 to meet state requirements. Staff noted that wildfire code implementation could increase design and mitigation obligations for some ADU projects and that those considerations will be addressed during development review.
