Colorado § 29-35-403 - Accessory dwelling unit requirements for a subject jurisdiction.

§ 29-35-403. Accessory dwelling unit requirements for a subject jurisdiction.

(1) On or after June 30, 2025, a subject jurisdiction shall allow, subject to an administrative approval process, one accessory dwelling unit as an accessory use to a single-unit detached dwelling in any part of the subject jurisdiction where the jurisdiction allows single-unit detached dwellings.

(2) On or after June 30, 2025, a subject jurisdiction shall not:

(a) Require the construction of a new off-street parking space in connection with the construction or conversion of an accessory dwelling unit, except as described in subsections (3)(a) and (3)(b) of this section;

(b) Require an accessory dwelling unit, or any other dwelling on the same lot as an accessory dwelling unit, to be owner-occupied; except that a subject jurisdiction may require a property owner to demonstrate that the property owner resides on the parcel when an application is submitted:

(I) To construct or convert an accessory dwelling unit. This exception does not apply for an accessory dwelling unit that is being constructed simultaneously with a new primary dwelling unit.

(II) For a license or permit for a short-term rental on the parcel through a local law or program.

(c) Apply a restrictive design or dimension standard to an accessory dwelling unit.

(3) Nothing in this section prevents a subject jurisdiction or other local government from:

(a) Requiring the designation of an off-street parking space in connection with an accessory dwelling unit, so long as there is an existing driveway, garage, tandem parking space, or other off-street parking space available for such a designation at the time of the construction or conversion of the accessory dwelling unit;

(b) Requiring, in connection with the construction or conversion of an accessory dwelling unit, one new parking space on a parcel that:

(I) Does not have an existing off-street parking space, including a driveway, garage, or tandem parking space, that could be used for an accessory dwelling unit;

(II) Is in a zoning district that, as of January 1, 2024, requires one or more parking spaces for the primary dwelling unit; and

(III) Is located on a block where on-street parking is prohibited for any reason including ensuring access for emergency services;

(c) Allowing the construction or conversion of an accessory dwelling unit that is smaller than five hundred square feet or greater than eight hundred square feet, or restricting the size of an accessory dwelling unit so that it is no larger than the size of the principal dwelling unit on the same lot as the accessory dwelling unit;

(d) Allowing the construction or conversion of multiple accessory dwelling units on the same lot;

(e) Applying a design or dimension standard to an accessory dwelling unit that is not a restrictive design or dimension standard;

(f) Adopting or enforcing a generally applicable requirement for:

(I) The payment of an impact fee or other similar development charge, pursuant to section 29-20-104.5; or

(II) The mitigation of impacts in conformance with the requirements of part 2 of article 20 of this title 29;

(g) Enacting or applying a local law concerning the short-term rental of an accessory dwelling unit or any other dwelling on the same lot as an accessory dwelling unit;

(h) Applying the design standards and procedures of a historic district to a lot on which an accessory dwelling unit is allowed in that historic district, including a standard or procedure related to demolition;

(i) Applying and enforcing a locally adopted life safety code, including but not limited to, a building, fire, utility, or stormwater code;

(j) Allowing the construction of, or issuing a permit for the construction of, a single-unit detached dwelling in an area zoned for single-unit detached dwellings;

(k) Encouraging the construction of accessory dwelling units that are, through the application of local laws or programs including through deed restrictions, made affordable to households under certain income limits or used primarily to house the local workforce pursuant to a local, regional, or state affordable housing program;

(l) Defining accessory dwelling unit in local law as including or excluding other dwelling unit types such as a "motor home", as defined in section 42-1-102 (57), a "multipurpose trailer", as defined in section 42-1-102 (60.3), and a "recreational vehicle", as defined in section 24-32-902 (9); or

(m) Requiring a statement by a water or wastewater service provider regarding its capacity to service the property as a condition of permitting an accessory dwelling unit.

(4) This section only applies to a parcel in a subject jurisdiction that is not an exempt parcel.

Source: L. 2024: Entire article added (see the editor's note following the part 4 heading), (HB 24-1152), ch. 167, p. 823, § 1, effective May 13.