Department of Community Development
Reference: Amendments to Certain Articles of the Land Use and Development Code Relating to Accessory Dwelling Units
To: Mayor Gregory Mills and Members of City Council
Through: Michael P. Martinez, City Manager
Prepared By: Shawn Weiman, Affordable Housing Coordinator
Date Prepared: January 6, 2026
PURPOSE
To review and consider modifications to the City of Brighton Land Use & Development Code (LUDC) relating to the rear setback requirements for accessory dwelling units (ADUs).
BACKGROUND
In June of 2025, as required by state legislation, LUDC amendments were made regarding the regulation of ADUs. A courtesy review of the draft amendments by the Colorado Department of Local Affairs (DOLA) had indicated the amendments complied with the revised statute. However, upon making a later, formal compliance review, DOLA determined that all ADUs shall be afforded the same rear setback as accessory buildings such as detached garages. The recently revised LUDC provisions as currently written apply the same rear setbacks as other accessory buildings to only detached ADUs, and ADUs attached to the principal building are held to the rear setback in place for the principal building.
Amendments changing the rear setbacks of attached ADUs to those in place for detached accessory buildings were drafted. No portion of a principal building with an attached ADU, however, would be allowed a setback less than that applicable to the principal building. The changes were provided to DOLA for review, and DOLA determined that the changes comply with state statute.
STAFF ANALYSIS
An amendment allowing attached ADUs the same rear setback as accessory buildings such as detached garages is necessary to come into compliance with state statute and to remain eligible for state grant funds available for promoting ADUs in the City, as well as for City residents to become eligible for state ADU financing programs.
SUMMARY OF AMENDMENTS
The proposed amendments appear in Article 5, Section 5.04.H and are summarized as follows:
1. The rear setback for ADUs shall be 10 feet, or when attached to or within a detached garage accessed from an alley, the rear setback shall be 5 feet.
2. In no case shall construction of an ADU decrease the minimum setbacks applicable to the principal building.
3. Internal ADU requirements were rewritten for clarity.
4. Given that attached ADU setbacks will no longer be held to a higher standard as detached ADUs, some provisions become unnecessary and may be deleted.
PROCESS
The LUDC outlines the code amendment process, which allows for initiation of amendments by the City Council, Planning Commission, and staff on behalf of these entities. The proposed LUDC amendments were reviewed at a public hearing before the Planning Commission who made a recommendation for approval by the City Council on December 11, 2025.
The LUDC amendments were reviewed according to the criteria set forth in LUDC Section 2.10 and which appear below. Staff analysis of the amendments’ compliance follows each criterion.
1. The amendment furthers the purposes of the code listed in Section 1.01(C).
The amendments further the purposes of the LUDC by promoting the physical, social, and economic well-being of residents, as well as by better regulating the development and use of buildings and land to create a compatible scale and range of building types.
2. The amendment is in accordance with the Comprehensive Plan and has been considered for both its long-range effects as well as immediate impacts.
The amendments are consistent with the Comprehensive Plan by:
a) Supporting development that builds upon an established framework of roads and utilities (Policy 1.1 of the Comprehensive Plan),
b) Encouraging diverse housing for the full spectrum of incomes, needs, and ages (Policy 2.1 of the Comprehensive Plan), and
c) Considering creative housing that allows seniors to age in place, providing housing designs that diverge from the dominate income strata or product type, and creating zoning allowances for ADUs (Policy 6.5 of the Comprehensive Plan).
3. The amendment promotes the health, safety, and welfare of the community of the City of Brighton.
The amendments bring the rear setbacks for ADUs into compliance with state statute and will make the City eligible for grant funds intended for supporting ADU programs in the City as well as make City residents eligible for state ADU financing programs.
4. The amendment improves the effectiveness and efficiency of administering the Land Use & Development Code.
The amendments improve the effectiveness of administering the LUDC by complying with state statute.
PUBLIC NOTICE
Notice of the public hearing was published on the City of Brighton website on December 30, 2025, at least 15 days prior to the public hearing, as required by LUDC Section 2.01(F) of the LUDC.
STAFF RECOMMENDATION
City staff recommend approval of the draft ordinance to comply with state statutes.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission heard the request on December 11, 2025, and voted unanimously to recommend approval of the amendments in Resolution No. 25-12.
OPTIONS FOR CITY COUNCIL CONSIDERATION
The City Council has four options when considering the ordinance. The City Council may:
1. Approve the ordinance as drafted;
2. Approve a modified ordinance;
3. Deny the ordinance; or
4. Continue the item to be heard at a later, specified date.
If approved, a second reading of the ordinance will be required at a future meeting.
ATTACHMENTS
● Draft Ordinance Amending Certain Articles of the Land Use and Development Code and the Municipal Code
● Draft Code Amendments in Redlined Format
● Website Notice
● Website Publication Proof
● Draft PowerPoint Presentation “ADU Rear Setback LUDC Amendment”