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Longmont council directs staff to align ADU code with state law, requires owner residency and keeps STR prohibition

February 11, 2024 | Longmont, Boulder County, Colorado


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Longmont council directs staff to align ADU code with state law, requires owner residency and keeps STR prohibition
Longmont City Council provided direction Feb. 11 for staff to revise the city’s land-development code to comply with recent state ADU legislation, while keeping local guardrails meant to preserve longer-term housing.

Planning staff explained House Bill 24 11 52 requires jurisdictions meeting certain criteria (Longmont is in an MPO) to allow at least one accessory dwelling unit (ADU) per single-family lot under an administrative approval process. Staff said mandatory changes include allowing ADUs between roughly 508 and 800 square feet, reducing rear setbacks to five feet in some cases, and incorporating a checklist-based administrative review that removes mailed notices and appeals for ADU approvals.

Planning staff told council the state law preempts homeowners associations’ bans on ADUs and that some local standards must become measurable rather than subjective.

On two council-discretion items—(1) whether to require the property owner to reside on the parcel when applying for an ADU, and (2) whether to allow short-term rentals (STRs) in ADUs—councilors generally favored tightening access. Councilors Yarbrough, McCoy, Popkin, Rodriguez and others said they support requiring residency at the time of application and maintaining Longmont’s current prohibition on STRs in accessory units to protect housing supply and neighborhood stability.

Don (planner) said staff will draft ordinance language to conform to the state law and incorporate council direction on residency and STRs; that draft is expected to return for council action in April. Staff also noted the state requires that any standards be measurable and that some ADU elements will be processed as a by-right permit once the checklist is met.

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