Addressing the Problem: Housing Shortages and Restrictive Zoning
Colorado faces a significant housing affordability crisis, exacerbated by restrictive zoning laws that limit the construction of diverse housing types. Traditional single-family zoning has often precluded the development of accessory dwelling units (ADUs) – also known as granny flats, backyard cottages, or in-law suites – on the same lot as a primary residence. These restrictions have hindered efforts to increase housing opportunities, particularly in existing neighborhoods near jobs, transit, and schools.
ADUs offer a practical solution by utilizing existing residential lots to provide additional housing units, thereby increasing the housing supply without the need for extensive new infrastructure. They can serve various purposes, including housing for aging family members, rental units for additional income, or accommodations for individuals with disabilities. However, many local governments in Colorado either block or severely limit ADU construction by imposing restrictive regulations, such as excessive off-street parking requirements, owner-occupancy rules, and restrictive design standards.
How does HB24-1152 address these issues?
HB24-1152 mandates that, starting June 30, 2025, subject jurisdictions must allow the construction of one ADU per single-family lot. The bill prohibits these jurisdictions from enforcing regulations that have historically impeded ADU development, including:
- Requiring additional parking spaces for ADUs except for certain cases where existing and on-street parking is restricted.
- Mandating that either the primary residence or the ADU be owner-occupied at the time of permitting.
- Imposing restrictive design or dimensional standards beyond those applicable to the primary residence, such as setbacks and size allowances.
- Allow ADUs to be permitted through an administrative review process that doesn’t require discretionary review or public hearings.
Furthermore, HB24-1152 provides financial assistance to local governments that comply with the ADU law. ADUs are expensive to build, and HB24-1152 creates a $13 million grant program for compliant jurisdictions to help finance and facilitate ADU development, create pre-approved plans, and build affordable ADUs for low and middle-income Coloradans. This new grant program is expected to launch in the Summer of 2025.
To ensure uniformity and prevent circumvention of the law, HB24-1152 stipulates that planned unit developments (PUDs) and homeowners associations (HOAs) cannot enforce more restrictive ADU regulations than those permitted under the bill. This provision ensures that the rights granted by the state law are upheld across various types of residential communities.
Implementation & Next Steps
- Effective Date: By June 30, 2025 subject jurisdictions must revise local ordinances to comply with HB24-1152, removing prohibitive regulations and facilitating ADU development.
- State Support: The Department of Local Affairs (DOLA) will provide guidance, resources, and financial assistance to support local implementation efforts.
For more information:
- Visit the Department of Local Affairs’ Accessory Dwelling Unit webpage.