Department of Community Development
Reference: Electric Vehicle Regulations in the Land Use & Development Code-Article 4 (Study Session)
To: Mayor Gregory Mills and Members of City Council
Through: Michael P. Martinez, City Manager
Prepared By: Traci McLean, Sustainability Coordinator
Kim Bauer, Associate Planner
Date Prepared: October 28, 2026
PURPOSE
The purpose of this study session is to provide City Council with an overview of the proposed amendments to the Land Use and Development Code (LUDC) related to the Colorado Electric Vehicle Charging Model Land Use Code and receive Commission feedback prior to preparation of a draft ordinance for future consideration.
PROCESS
Amendments to the LUDC may be initiated by the City Council, Planning Commission, and staff on behalf of these entities, as outlined in the LUDC.
The City Council should use the review criteria outlined in Section 2.10 B. when evaluating changes to the LUDC. Generally, amendments should do the following:
• Further the purposes of the LUDC;
• Be in accordance with the Comprehensive Plan;
• Promote the public safety, health, and general welfare of the community; and
• Improve the effectiveness and efficiency of administering the LUDC.
BACKGROUND
In 2024, the Colorado General Assembly adopted House Bill (HB) 24-1173, which established a statewide framework for local governments to modernize land use regulations related to electric vehicle (EV) charging infrastructure. The legislation requires jurisdictions to either adopt the Colorado Electric Vehicle Charging Model Land Use Code, adopt substantially equivalent local standards, or formally opt out through a public process. The legislation is intended to create clearer, more predictable permitting processes for EV charging infrastructure while allowing local governments to retain authority over land use decisions.
Following adoption of HB24-1173, the Colorado Energy Office, in partnership with local governments, planning professionals, utilities, industry representatives, and other stakeholders, developed the Colorado Electric Vehicle Charging Model Land Use Code. Staff evaluated the compliance options available under the legislation and is recommending adoption of the model code to integrate it into Brighton's existing Land Use and Development Code. This approach provides a comprehensive framework that aligns with the City's current development review processes while avoiding the additional staff time and legal review that would be required to develop substantially equivalent local regulations.
It should be made clear that although the State refers to the Colorado Electric Vehicle Charging Model Land Use Code as a “model code,” the model code document primarily establishes general requirements, standards, and guidance, and includes some example regulatory language rather than providing a complete, verbatim ordinance for jurisdictions to adopt. The specific ordinance language proposed for Brighton was developed by the consultant team engaged by the Colorado Energy Office to assist with implementation of HB24-1173, based on the requirements and guidance contained in the model code. Brighton staff reviewed and edited the consultant-developed language to integrate the model code concepts and requirements into the City's existing Land Use and Development Code, with additional review and revisions by the City Attorney's Office.
The proposed amendments are intended to clarify how EV charging infrastructure is reviewed and permitted within Brighton rather than substantially changing the City's existing development
standards. The amendments establish EV charging as a recognized land use within the LUDC, clarify review procedures for accessory and primary EV charging facilities, establish objective design and operational standards, update parking and accessibility requirements, integrate EV charging equipment into the City's existing landscaping and lighting standards, and add standardized definitions for EV charging equipment and charging levels.
The proposed amendments continue to rely on Brighton's existing development standards for landscaping, lighting, parking, signage, site design, and development review. The amendments also maintain local flexibility by allowing administrative approval of certain alternative design solutions where appropriate. Together, these updates create a more predictable permitting process for applicants, reduce ambiguity during development review, and support future investment in EV charging infrastructure while preserving local control over zoning and development decisions.
Staff believes adoption of the Colorado Electric Vehicle Charging Model Land Use Code represents the most efficient approach to complying with HB24-1173. The proposed amendments build upon Brighton's existing Land Use and Development Code, provide greater certainty for applicants and staff, support implementation of the City's Sustainability Plan, and position Brighton to accommodate future transportation infrastructure needs as electric vehicle adoption continues to grow.
STAFF RECOMMENDATION
Staff recommends that City Council provide feedback on the proposed Land Use and Development Code amendments and provide direction to staff prior to preparation of a draft ordinance for future Planning Commission and City Council consideration.
ATTACHMENT
1. Draft Code Amendment Redlines - Article 4
2. Copy of the Colorado Electric Vehicle Charging Model Land Use Code
3. Draft PowerPoint Presentation