Denver City Council Approves Citywide ADUs

Denver City Council Approves Citywide ADUs

Published on November 19, 2024

Denver City Council Passes Measure to Allow Accessory Dwelling Units in All Residential Areas of the City

DENVER, CO - As part of the city's ongoing effort to expand housing availability and choice while helping drive down costs, the Denver City Council on Monday night passed a measure to allow accessory dwelling units (ADUs) in all residential areas of the city. The Citywide ADUs measure was sponsored by Councilmembers Sarah Parady (at-large), Chris Hinds (District 10) and Darrell Watson (District 9), in partnership with Mayor Mike Johnston and the Department of Community Planning and Development (CPD).

Mayor Mike Johnston said: "In every corner of our city, the cost of housing is top of mind for Denverites, and simple improvements to our policies like this make a real difference for working families. As we continue to push to create thousands of units of affordable housing, giving residents the option to build an ADU will not only make it easier for families to stay in Denver long-term, but will put us one step closer to tackling the challenge of housing affordability."

Accessory dwelling units are self-contained, smaller living spaces with their own kitchen, bath, and sleeping area that are an extension of an existing property, either attached or detached. They are often called mother-in-law suites, granny flats, casitas, backyard cottages, garage apartments or basement apartments.

Following the recommendations of Blueprint Denver, the city's land use and transportation plan, the measure updates the Denver Zoning Code, zoning map, and Former Chapter 59 zoning to allow accessory dwelling units (ADUs) in all residential areas of the city. This allows ADUs on 70% of Denver's land, compared to 36% before this measure passed. The measure goes into effect on December 16.

The Citywide ADUs measure also implements state legislation (House Bill 24-1152) passed earlier this year. That legislation requires Denver (along with other jurisdictions) to allow accessory dwelling units in all residential districts, overriding rules by homeowner associations that prevent them, and requires updates to Denver's owner occupancy requirement for single-unit zone districts. Prior to passage of this measure, requirements dictated that if an owner didn't live on the property, the ADU was not allowed to be used. The update from this text amendment will still allow the ADU to be used even if the owner later moved off the property.

"Denver residents were clear in their feedback in Blueprint Denver that they wanted to see ADUs across the city," said Manish Kumar, Executive Director of Community Planning and Development. "ADUs can be a great affordable housing option for families wanting to stay on the same property and can offer a lower-cost rental housing choice for residents. I'm proud that we are delivering on our community's and Mayor's desire to diversify housing choice."

"By streamlining the ADU process, we're removing barriers that have made it challenging for homeowners to improve their properties and strengthen our communities," said Denver City Councilmember Chris Hinds. "This policy change would eliminate navigating Denver's complex zoning code to build an ADU, and the city will save valuable time by eliminating the need for lengthy rezoning processes. This change not only simplifies the permitting process but also accelerates the timeline for residents to build what they need, ultimately making Denver a more livable, accessible city for everyone."

"Legalizing Accessory Dwelling Units (ADUs) citywide allows Denver homeowners to earn more money from their property while simultaneously increasing affordable housing options in Denver," said Denver City Councilmember Darrell B. Watson. "This is a win for the city, a win for homeowners, and a win for affordable housing! Denver residents deserve affordable housing, and I will continue working with the community to identify new solutions, like ADUs, to solve our housing crisis."

"I am excited for the potential of ADUs to stabilize families impacted by rising costs of living, keep generations together, and add rental units to our city, and grateful for the work of previous Councils, city agencies, and the state Legislature that got us here," said Denver City Councilmember Sarah Parady. "We know the next steps include unlocking more funding opportunities for families interested in adding a unit, making permitting processes more equally accessible including through language access, and looking for more tools to equitably add housing units citywide. I look forward to that work as well."

A report from the Joint Center for Housing Studies of Harvard University found that ADUs "have the potential to address a variety of housing-related challenges like affordability, equity, and environmental issues. Moreover, because ADUs generally are small infill units, they can achieve these gains without significantly altering the character of existing residential neighborhoods." They can serve as a separate space where elderly parents or kids living at home can still have independence, a space that can be rented out to generate income, or just to rent a smaller, more affordable space.

The Citywide ADUs measure builds upon the success of the ADUs in Denver project, which updated building standards for ADUs to make them better fit in different neighborhoods.

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• City Council