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 ...
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