Department of Community Development
Reference: AMENDMENTS TO CERTAIN ARTICLES OF THE LAND USE AND DEVELOPMENT CODE AND THE MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS AND MANUFACTURED HOMES
To: Mayor Gregory Mills and Members of City Council
Through: Michael P. Martinez, City Manager
Prepared By: Shawn Weiman, Affordable Housing Coordinator
Date Prepared: May 5, 2025
PURPOSE
To review and consider modifications to the City of Brighton Municipal Code and Land Use & Development Code (LUDC) relating to accessory dwelling units (ADUs), manufactured homes, and housing-related definitions.
BACKGROUND
Colorado House Bill 24-1152 amended Colorado Revised Statute Title 29 Article 35 to prohibit jurisdictions from imposing certain restrictions on ADUs effective on June 30, 2025. The following regulations currently appear in the LUDC and conflict with the bill:
* One parking space is required for an ADU;
* The owner must occupy either the ADU or principal residence;
* Required lot open space and size limit may prevent the addition of an ADU; and
* Existing accessory buildings such as sheds may prevent the addition of an ADU.
Discussions among Community Development and Utilities staff have concluded with recommendations for removing process and design barriers to building ADUs. Additionally, the Colorado Department of Local Affairs (DOLA) reviewed the draft amendments for compliance with state statutes and DOLA's emerging ADU Supportive Jurisdiction program.
Staff continually work to improve and adjust the LUDC by identifying regulations that lack clarity, may conflict with state law, or may be missing. In this light and considering Colorado Revised Statutes that prohibit municipalities from excluding manufactured homes, the regulations covering manufactured, mobile, and modular homes can be improved. Modifications to the LUDC that clearly define manufactured, mobile, and modular homes will improve the City's regulation and enforcement capabilities regar...
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