Accessory Dwelling Units (ADU) approved in Arapahoe County
New regulations to go into effect Sept. 12, 2023
To help create additional affordable housing options in Arapahoe County, the Board of County Commissioners unanimously voted to approve Accessory Dwelling Units in unincorporated areas of the County. Commonly called “granny flats” or “mother-in-law apartments,” ADUs are smaller, independent living quarters either attached to a single-family home or located on the same lot as the main house. ADUs are currently allowed in Aurora, Bennett, Cherry Hills Village, Englewood, Littleton and Sheridan.
“ADUs can help with affordability,” said Commissioner Jessica Campbell-Swanson. “We heard from residents across the County this is an option that residents have been waiting for.” Responding to voiced concerns, Campbell-Swanson referred to a comparative analysis that showed ADUs do not reduce property values or overextend infrastructure capacity; based on the County’s requirements, these structures will maintain community characteristics.
“These are going to be legitimate structures,” Campbell-Swanson said citing the requirements the regulations have in place for design and size. “I don’t share the concern ADUs will stretch capacity or change the character of a neighborhood.”
ADUs are one of the tools counties can use to affect housing prices and availability by creating a wider range of housing options, enabling older adults to stay near family, providing housing for caregivers and adult children.
The County began exploring adding ADUs to the County Land Code in the fall of 2021 and has engaged residents throughout the regulatory process. Feedback from residents and stakeholders was presented to the County’s Planning Commission, who recommended ADUs be allowed only on lot sizes 19 acres and bigger.
Commissioners disagreed, citing an urgent need to allow the structures on smaller property sizes, down to 5,000 square feet. With the 19-acre recommendation, 977 lots within unincorporated Arapahoe County would have been eligible for an ADU compared to about 18,000 lots that meet the 5,000 feet requirement.
District 4 Commissioner Leslie Summey said not all property owners will pursue ADUs but the ability will help some property owners house an aging parent, a child fresh out of college, or simply generate income to ease financial burden.
“We want all our neighbors to be comfortable. It’s reassuring to know that the data on ADUs points to increased property values and positive outcomes for property owners and communities.”
The new ADU regulations encompass elements designed to ensure successful implementation:
- Arapahoe County will permit both attached and detached ADUs in all agricultural and most residential zoning districts on lots that are at least 5,000 square feet.
- In urban areas, on lots of fewer than 19 acres, ADUs can have up to two bedrooms. Detached ADUs are required to be situated in the rear or side yard, behind the principal dwelling.
- Square footage limitations will be based on lot size and/or the size of the principal dwelling.
- Minimum design requirements, off-street parking, and owner occupancy of either the principal dwelling or the ADU will also be mandatory.
- Exceptions to ADU location, square footage, and bedroom limitations will be granted for properties of 19 or more acres.
- Homeowner association-managed neighborhoods may prohibit ADUs through private covenants.
The regulations will go into effect on Sept. 12, 2023. While their number is relatively small in Arapahoe County, ADUs help make an impact on the number of available housing units throughout the county. Land use tools like these are best suited for the unique and diverse populations that exist at the city/town and county level where they can be implemented and evaluated much quicker than through statewide initiatives.
