HomeMy WebLinkAboutOrdinance 1744 - ADUsCITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER DOZEMAN
COUNCIL BILL NO. 15
ORDINANCE NO. 1744
Series 2022
TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT
RIDGE CODE OF LAWS CONCERNING THE REGULATION OF
ACCESSORY DWELLING UNITS AND MAKING CONFORMING
AMENDMENTS THEREWITH
WHEREAS, the City of Wheat Ridge, Colorado is a Colorado home rule
municipality, duly organized and existing pursuant to Section 6 of Article XX of the
Colorado Constitution; and
WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City,
acting through its City Council (the “Council”), is authorized to adopt ordinances for the
protection of the public health, safety or welfare; and
WHEREAS, the comprehensive plan for the City of Wheat Ridge, Envision
Wheat Ridge, contains goals for increasing the types of housing options available in the
community; and
WHEREAS, public input over the last six years has indicated consistent support
for accessory dwelling units (ADUs) among community members; and
WHEREAS, the Council recognizes ADUs can play an important role in
addressing housing need, affordability, and intergenerational households; and
WHEREAS, the Council finds that it is necessary to adopt regulations allowing
ADUs within the City of Wheat Ridge;
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Section 26-115.C.1 of the Wheat Ridge Code of Laws, concerning
administrative variances, is hereby amended as follows:
1. Administrative variances fifty (50) percent or less: The director of community
development is empowered to decide upon applications for administrative
variances from the strict application of any of the “development standards”
pertaining to zone districts in article II and sections 26-501 (off-street parking)
and 26-502 (landscaping requirements), and 26-603 (fencing), 26-646.B
(development standards for ADUs) and article VII (signage) of this chapter,
which apply through the various zone district regulations and in other situations
2
which may be specifically authorized in the various sections, without requirement
of a public hearing, under the following conditions:
a. The variance does not exceed fifty (50) percent of the minimum or
maximum standard; and
b. The director of community development finds that a majority of the criteria
as set forth in subsection C.4 hereof, are substantially complied with and
support the request; and
c. The director of community development has notified adjacent property
owners and occupants by letter notice and posting of the site for at least
ten (10) days prior to rendering the decision, and that no objections have
been received during such ten-day period. Any objections must be
received in writing and be directly related to concerns regarding the
request. General objections regarding existing land use conditions or
issues not related to the request will not be considered grounds for
objection.
d. That no additional dwelling units would result from approval of such
variance., other than an accessory dwelling unit.
e. In no instance shall the community development director hear or grant a
variance as to use or as to an activity or development which is prohibited
by this chapter nor shall the limitations of Charter section 5.10.1 be
exceeded.
Section 2. Section 26-120.C.1 of the Wheat Ridge Code of Laws, concerning
nonconforming structures and uses, is hereby amended as follows:
1. Any onesingle- or two-familyunit dwelling structure or customary accessory
structure may be enlarged, altered or added to provided that all lot coverage
requirements of the zoning district in which the structure is located are met,
and provided that the enlargement, alteration or addition does not increase
the extent of nonconforming setbacks by encroaching beyond the existing
setback line. The residential bulk plane standards set forth in subsection 26-
642.A shall apply to any enlargement, alteration, or addition of or to both the
primary structure and any accessory structures to the primary structure. In
addition, no enlargement, alteration or addition which extends within the
nonconforming area shall result in the development of any additional dwelling
units., with the exception of an accessory dwelling unit.
Section 3. Section 26-123 of the Wheat Ridge Code of Laws, defining certain
terms applicable to Chapter 26 of the Code concerning zoning, is hereby amended by
revision of certain definitions and the addition of the following new definitions in the
appropriate alphabetical location, as follows:
3
Accessory dwelling unit. A dwelling unit located on the same lot
with a single detached dwelling and subordinate in size and
purpose to the primary dwelling.
Accessory dwelling unit, attached. An accessory dwelling unit that
is a distinctly separate unit from the primary dwelling unit but is
physically attached to or is integrated within the same structure as
the primary dwelling unit, including a basement, addition, floor, or
portion of a floor.
Accessory dwelling unit, detached. An accessory dwelling unit
that is located within an accessory structure on the same lot as
the primary dwelling unit.
…
Building, accessory. A subordinate building or portion of a main building
the use of which is incidental to that of the main building or use on the
same lot. These accessory buildings shall include, but are not limited to,
private storage sheds, detached garages, detached carports, detached
accessory dwelling units, membrane structures that meet current
building code requirements, chicken coops, gazebos, greenhouses and
barns. An urban garden use may but is not required to have a main
building. Except for urban garden uses, an accessory building must be
clearly subordinate to a main building located on the same lot and an
accessory structure shall not be located on a vacant lot devoid of a
main building.
…
Dwelling, one-family Dwelling, single detached. A building designed
for occupancy by not more than one (1) family. A single dwelling unit
in a single building not attached to other buildings other than
those accessory to the dwelling. Also referred to as single-unit
dwelling.
Dwelling, two-family Dwelling, duplex. A building designed for
occupancy by two (2) families living in separate dwelling units as
tenants from month to month or for a term longer than one (1) month. A
building containing two (2) separate primary dwelling units
attached by one (1) or more common walls either in a stacked
configuration or side-by-side configuration. Also referred to as
two-unit dwelling.
4
Dwelling, multiple. A building or group of buildings designed for
occupancy by three (3) or more families living in separate dwelling units
as tenants from month to month or for a term longer than one (1)
month. Three (3) or more dwelling units where each unit is
attached to the other units either in a stacked configuration or a
side-by side configuration. Also referred to as multi-unit dwelling.
Section 4. The “Table of Uses – Residential” set forth in Section 26-204 of the
Wheat Ridge Code of Laws, concerning uses in residential zone districts, is hereby
amended as follows:
Accessory Uses for Residential Zone Districts Notes
Accessory dwelling unit (ADU) See § 26-646, allowed as an accessory
use to a single detached dwelling
Section 5. The “Table of Uses – Agricultural and Public Facilities” set forth in
Section 26-204 of the Wheat Ridge Code of Laws, concerning uses in agricultural and
public facility zone districts, is hereby amended as follows:
Agricultural and Public Facilities Districts
Accessory Uses Notes
Accessory dwelling unit (ADU) See § 26-646, allowed as an accessory
use to a single detached dwelling
Section 6. Section 26-205.B (Residential-One District (R-1)) of the Wheat Ridge
Code of Laws is amended by the addition of a new line within the accessory buildings
category as follows:
B. Development standards:
Maximum
Height
Maximum
Building
Coverage
Minimum
Lot Area
Minimum
Lot Width
Minimum
Front
Yard
Setback
(a)
Minimum
Side
Yard
Setback
(b)
Minimum
Rear
Yard
Setback
(b)
…
Accessory
Buildings
(d)
Major 15' 1,000 sf N/A N/A 30' (c) 15' 15'
Minor 10' 200 sf N/A N/A 30' (c) 5’ 5’
Accessory
dwelling
25’ (f) Floor
area
N/A N/A 30’ (c) 15’ 15’
5
unit,
detached
limited to
50% of
principal,
or 1,000
sf,
whicheve
r is less
…
(f) Bulk plane regulations shall apply in accordance with section 26-642.
Section 7. Section 26-206.B (Residential-One A District (R-1A)) of the Wheat
Ridge Code of Laws is amended by the addition of a new line within the accessory
buildings category as follows:
B. Development standards:
Maximum
Height
Maximum
Building
Coverage
Minimum
Lot Area
Minimum
Lot Width
Minimum
Front
Yard
Setback
(a)
Minimum
Side
Yard
Setback
(b)
Minimum
Rear
Yard
Setback
(b)
…
Accessory
Buildings
(d)
Major 15' 1,000 sf N/A N/A 25' (c) 5' if ≤10'
in height,
10' if >10'
in height
5' if ≤10'
in height,
10' if >10'
in height
Minor 10' 400 sf N/A N/A 25' (c) 5’ 5’
Accessory
dwelling
unit,
detached
25’ (f) Floor
area
limited to
50% of
principal,
or 1,000
sf,
whicheve
r is less
N/A N/A 25’ (c) 5’ if ≤ 10’
in
height,
10’ if >
10’ in
height
5’ if ≤ 10’
in
height,
10’ if >
10’ in
height
…
(f) Bulk plane regulations shall apply in accordance with section 26-642.
Section 8. Section 26-207.B (Residential-One B District (R-1B)) of the Wheat
Ridge Code of Laws is amended by the addition of a new line within the accessory
buildings category as follows:
6
B. Development standards:
Maximum
Height
Maximum
Building
Coverage
Minimum
Lot Area
Minimum
Lot Width
(a)
Minimum
Front
Yard
Setback
(b)
Minimum
Side
Yard
Setback
(c)
Minimum
Rear
Yard
Setback
(c)
…
Accessory
Buildings
(f)
Major 15' 600 sf N/A N/A 25' (d) 5' 5' if ≤10'
in height;
10' if >10'
in height
Minor 10' 300 sf N/A N/A 25' (d) 5’ 5’
Accessory
dwelling
unit,
detached
25’ (h) Floor
area
limited to
50% of
principal,
or 1,000
sf,
whicheve
r is less
N/A N/A 25’ (d) 5’ 5’ if ≤ 10’
in
height,
10’ if >
10’ in
height
…
(h) Bulk plane regulations shall apply in accordance with section 26-642.
Section 9. Section 26-208.B (Residential-One C District (R-1C)) of the Wheat
Ridge Code of Laws is amended by the addition of a new line within the accessory
buildings category as follows:
B. Development standards:
Maximum
Height (f)
Maximum
Building
Coverage
Minimum
Lot Area
Minimum
Lot Width
(a)
Minimum
Front
Yard
Setback
(b)
Minimum
Side
Yard
Setback
(c)
Minimum
Rear
Yard
Setback
(c)
…
Accessory
Buildings
(e)
Major 15' (f) 600 sf N/A N/A 20' (d) 15' 15'
Minor 10' (f) 300 sf N/A N/A 20' (d) 5’ 5’
Accessory
dwelling
unit,
detached
25’ (f) Floor
area
limited to
50% of
N/A N/A 20’ (d) 5’ 5’
7
principal,
or 1,000
sf,
whicheve
r is less
Section 10. Section 26-209.B (Residential-Two District (R-2)) of the Wheat
Ridge Code of Laws is amended by adding a new line within the accessory buildings
category as follows:
B. Development standards:
Maximum
Height
Maximum
Building
Coverage
Minimum
Lot Area
Minimum
Lot Width
(a)
Minimum
Front
Yard
Setback
(b)
Minimum
Side
Yard
Setback
(c)
Minimum
Rear
Yard
Setback
(c)
…
Accessory
Buildings
(f)
Major 15' 1,000 sf
per unit
N/A N/A 25' (d) 5’ 5' if ≤10'
in height;
10' if >10'
in height
Minor 10' 400 sf N/A N/A 25' (d) 5’ 5’
Accessory
dwelling
unit,
detached
25’ (h) Floor
area
limited to
50% of
principal,
or 1,000
sf,
whicheve
r is less
N/A N/A 25’ (d) 5’ 5’ if ≤ 10’
in
height;
10’ if >
10’ in
height
…
(h) Bulk plane regulations shall apply in accordance with section 26-642.
Section 11. Section 26-210.B (Residential-Two A District (R-2A)) of the Wheat
Ridge Code of Laws is amended by adding a new line within the accessory buildings
category as follows:
B. Development standards:
8
Maximum
Height
Maximum
Building
Coverage
Minimum
Lot Area
Minimum
Lot Width
(a)
Minimum
Front
Yard
Setback
(b)
Minimum
Side
Yard
Setback
(c)
Minimum
Rear
Yard
Setback
(c)
…
Accessory
Buildings
(g)
Major 15' 600 sf
(per unit)
N/A N/A 25' (d) 15' 5' if ≤10'
in height;
10' if >10'
in height
Minor 10' 400 sf/4
d.u.
N/A N/A 25' (d) 5’ 5’
Accessory
dwelling
unit,
detached
25’ (i) Floor
area
limited to
50% of
principal,
or 1,000
sf,
whicheve
r is less
N/A N/A 25’ (d) 5’ 5’ if ≤ 10’
in
height;
10’ if >
10’ in
height
…
(i) Bulk plane regulations shall apply in accordance with section 26-642.
Section 12. Section 26-211.B (Residential-Three District (R-3)) of the Wheat
Ridge Code of Laws is amended by adding a new line within the accessory buildings
category as follows:
B. Development standards:
Maximum
Height
Maximum
Building
Coverage
Minimum
Lot Area
Minimum
Lot Width
(a)
Minimum
Front
Yard
Setback
(b)
Minimum
Side
Yard
Setback
(d)
Minimum
Rear
Yard
Setback
(d)
…
Accessory
Buildings
(g)
Major 15' (h) (i) 600 sf
(per unit)
N/A N/A 25' (e) 5' 5' if ≤10'
in height;
10' if >10'
in height
Minor 10' (h) (i) 400 sf/4
d.u.
N/A N/A 25' (e) 5’ 5’
9
Accessory
dwelling
unit,
detached
25’ (i) Floor
area
limited to
50% of
principal,
or 1,000
sf,
whicheve
r is less
N/A N/A 25’ (e) 5’ 5’ if ≤ 10’
in
height;
10’ if >
10’ in
height
Section 13. Section 26-212.B (Residential-Three A District (R-3A)) of the Wheat
Ridge Code of Laws is amended by adding a new line within the accessory buildings
category as follows:
B. Development standards:
Maximum
Height
Maximum
Building
Coverage
Minimum
Lot Area
Minimum
Lot Width
(a)
Minimum
Front
Yard
Setback
(b)
Minimum
Side
Yard
Setback
(d)
Minimum
Rear
Yard
Setback
(d)
…
Accessory
Buildings
(g)
Major 15' 600 sf
(per unit)
N/A N/A 25' (e) 15' 5' if ≤10'
in height;
10' if >10'
in height
Minor 10' 400 sf/4
d.u.
N/A N/A 25' (e) 5’ 5’
Accessory
dwelling
unit,
detached
25’ (i) Floor
area
limited to
50% of
principal,
or 1,000
sf,
whicheve
r is less
N/A N/A 25’ (e) 5’ 5’ if ≤ 10’
in
height;
10’ if >
10’ in
height
…
(i) Bulk plane regulations shall apply in accordance with section 26-642.
Section 14. Section 26-213.B (Agricultural-One District (A-1)) of the Wheat
Ridge Code of Laws is amended by adding a new line within the accessory buildings
category as follows:
10
B. Development standards:
Maximum
Height
Maximum
Building
Coverage
Minimum
Lot Area
(d)
Minimum
Lot Width
Minimum
Front
Yard
Setback
Minimum
Side
Yard
Setback
(a)
Minimum
Rear
Yard
Setback
(b)
…
Accessory
Buildings
(e)
Major 35' 25% N/A N/A 30' (c) 15' 5'
Minor 35' 25% N/A N/A 30' (c) 15’ 5’
Accessory
dwelling
unit,
detached
25’ Floor
area
limited to
50% of
principal,
or 1,000
sf,
whicheve
r is less
N/A N/A 30’ (c) 15’ 5’
Section 15. Section 26-214.B (Agricultural-Two District (A-2)) of the Wheat
Ridge Code of Laws is amended by adding a new line within the accessory buildings
category as follows:
B. Development standards:
Maximum
Height
Maximum
Building
Coverage
Minimum
Lot Area
(e)
Minimum
Lot Width
Minimum
Front
Yard
Setback
Minimum
Side
Yard
Setback
(a)
Minimum
Rear
Yard
Setback
(b)
…
Accessory
Buildings
(f)
Major 35' 25% N/A N/A 30' (c) 15' 15'
Minor 35' 200 sf N/A N/A 30' (d) 5’ 5’
Accessory
dwelling
unit,
detached
25’ Floor
area
limited to
50% of
principal,
or 1,000
sf,
whicheve
r is less
N/A N/A 30’ (c) 15’ 5’
11
Section 16. Section 26-312 of the Wheat Ridge Code of Laws, concerning
planned residential development (PRD) district regulations, is hereby amended by the
addition of a new subsection L, as follows:
L. Any planned residential development approved on and after August 15,
2022, which allows single detached dwelling units as a primary use shall
allow accessory dwelling units as an accessory use.
Section 17. Section 26-316.B of the Wheat Ridge Code of Laws, concerning
planned mixed use development (PMUD) district regulations, is hereby amended as
follows:
B. Permitted uses. Permitted uses shall be a mixture of residential and
commercial uses governed by approval of the outline development plan.
Extended stay lodging shall be permitted only in planned mixed use districts and
planned commercial districts, and only as a special use subject to the standards
in chapter 11, article XVI. Any planned mixed use development approved on
and after August 15, 2022 which allows single detached dwelling units as a
primary use shall allow accessory dwelling units as an accessory use.
Section 18. Section 26-414.A.2.b of the Wheat Ridge Code of Laws, concerning
exemptions from the parkland dedication requirement, is hereby amended as follows:
b. Exemptions. Nursing homes and similar confined care or skilled nursing
facilities are exempt from the requirements of this section.
i. Nursing homes and similar confined care or skilled nursing
facilities.
ii. Accessory dwelling units.
Section 19. Section 26-625 of the Wheat Ridge Code of Laws, concerning
accessory buildings and structures, is hereby amended by deletion of subsection
C.1.c.iv as follows:
iv. Dwelling unit restriction. Except as otherwise expressly allowed, no dwelling
unit shall be located in any accessory.
Section 20. Section 26-626 of the Wheat Ridge Code of Laws, concerning
residential uses in commercial zones; conditions, is hereby amended by the deletion of
subsection D, revision of subsection E, and appropriate re-lettering of the remaining
subsections:
D. Residential dwelling units shall be no less than five hundred (500) square feet
each.
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DE. Parking shall be supplied at the rate of one (1) space per three hundred
(300) square feet of floor area. Parking shall be supplied at the rate of one (1)
space per dwelling unit.
Section 21. Section 26-646.C of the Wheat Ridge Code of Laws, concerning
allowances for short-term rental hosts, is hereby amended as follows:
C. Maximum number per short-term rental host: A short-term rental host, as defined
in Section 26-123 (“short-term rental host”), may operate a short-term rental in up
to one (1) dwelling unit not occupied by the host (a “whole-home” rental), and
in up to one (1) dwelling unit occupied by the host (a “partial-home” rental)
where a portion of the dwelling unit, such as a room or rooms, functions as a
short-term rental, so long as the host continuously resides in the dwelling unit or
on the same property in either the primary or accessory dwelling unit
through the duration of the rental. This maximum shall apply to all types of
dwelling units in all zone districts, except for the following:
1. Apartments and mixed use developments: A short-term rental host, as the
owner of an apartment or mixed-use development in the Mixed Use –
Neighborhood (MU-N), Mixed Use – Commercial (MU-C) series, and
Commercial-One (C-1) zone districts, may operate a maximum of four (4)
dwelling units as short-term rentals within that development. For apartment
and mixed-use developments with greater than forty (40) dwelling units in
these zone districts, additional short-term rentals are permitted at a rate of
five (5) percent of the total number of dwelling units, in addition to the four
already permitted by this section. For the purposes of this subsection, an
apartment or mixed-use development shall mean one or multiple contiguous
properties under one ownership with one or more multifamily or mixed-use
buildings.
2. Condominium developments: For condominium developments (those which
have a recorded condominium plat allowing for individually-owned dwelling
units) in any zone district, each individual dwelling unit owner is eligible, as a
short-term rental host, to operate a short-term rental as provided by
subsection C of this section, provided that the maximum number of such
rentals allowed by subsection C.1 is not exceeded in the development.
3. Accessory dwelling units: A short-term rental shall be permitted to
operate within an accessory dwelling unit and shall be considered an
owner-occupied or partial-home short-term rental.
Section 22. A new Section 26-646 (Accessory dwelling units) is hereby
adopted within Chapter 26, Article VI, Supplementary Regulations, to read as follows:
Sec. 26-646. – Accessory dwelling units
Accessory dwelling units, as defined in Section 26-123, are subject to the following
requirements:
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A. Eligible zone districts: An accessory dwelling unit (ADU) shall be permitted as an
accessory use to single detached dwellings in all residential and agricultural zone
districts and in the mixed use-neighborhood (MU-N) zone district. Planned
residential developments and planned mixed use developments that are
approved on and after August 15, 2022 and that allow single detached dwelling
units as a primary use shall also allow ADUs as an accessory use.
B. Development standards:
a. Detached accessory dwelling units shall be subject to the accessory
building development standards for the zone district in which they are
located, set forth in sections 26-205 to 26-214 and this section, including
bulk plane requirements for ADUs located in residential zone districts.
b. Attached accessory dwelling units shall be subject to the principal building
development standards for the zone district in which they are located, set
forth in sections 26-205 to 26-214 and this section, including bulk plane
requirements for ADUs located in residential zone districts.
c. Size: The floor area of an accessory dwelling unit shall not exceed fifty
(50) percent of the gross floor area of the primary dwelling unit, or one
thousand (1,000) square feet, whichever is more restrictive. As an
exception to this rule, an attached accessory dwelling unit in a basement
or second floor may exceed this allowance, provided the area does not
exceed the area of the first floor of the same structure.
d. Height: A detached accessory dwelling unit in any zone district may not
exceed 25 feet in height.
C. Parking: No additional parking spaces shall be required. Parking requirements for
short-term rentals may apply if the ADU is being operated as a short-term rental,
subject to the standards in section 26-645.D.6.
D. Maximum number: A maximum of one (1) accessory dwelling unit shall be
permitted per property.
E. Owner occupancy:
a. The property owner, as reflected in title records and evidenced by voter
registration, vehicle registration or other similar means, must occupy either
the primary dwelling unit or the ADU.
b. Deed restriction: As a condition of and prior to approval of an ADU, or
issuance of building permit for the ADU (or at a later time if determined by
the director as appropriate for the proposed initial or later use of the
property), the property owner shall be required to execute a declaration of
restrictions, binding upon successors and assigns, in a form approved by
the City Attorney, to be recorded by the City with the Jefferson County
Clerk and Recorder, which requires that:
1. The ADU shall not be sold separately from the primary dwelling
unit, nor shall the lot on which it is situated be subdivided unless
such subdivision can be accomplished in accordance with all
provisions of this Code;
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2. The primary dwelling unit or the ADU shall be occupied by the
property owner; and
3. Failure to continuously comply with deed restrictions may subject
the owner of the property to penalties provided for in this Code,
including the revocation of the certificate of occupancy or
completion.
c. Removal of deed restriction: In the event the ADU is demolished or
modified such that it no longer functions as an ADU, the community
development director shall record appropriate documentation releasing
such encumbrance upon written request of the property owner.
F. Nonconforming properties:
a. Owners of property currently containing structures or portions of structures
which may fall within the definition of ADU under section 26-123, are
hereby granted the right to apply to the City for approval of the same until
August 15, 2024. Following that date, and in the absence of City approval
of an ADU under this section, unapproved or unpermitted ADUs shall be
subject to enforcement as provided by law. Upon review and approval of
such applications by the City, the deed restriction requirement of
subsection E shall apply. Development standards of subsection B do not
apply.
b. A building permit shall be required for any construction or modification of
the ADU to bring the structure into compliance with applicable building
codes, to the extent practical, as determined by the community
development director, in consultation with the chief building official. A
building permit is not required to the extent the ADU is determined to be
legally nonconforming pursuant to Section 26-120 as documented by
proof provided by the owner and to the satisfaction of the community
development director.
c. If a property contains more than one (1) ADU, deemed lawful pursuant to
subsections F.a and F.b by August 15, 2024, those ADUs shall be allowed
to remain until voluntarily demolished or converted to other uses,
consistent with the provisions of Code Section 26-120.C.
d. The owner occupancy requirement of this section shall not apply to
properties which, on August 15, 2022 (as documented by proof provided
by the owner and to the satisfaction of the community development
director), contain a primary dwelling and ADU, neither of which are
occupied by the owner. In the event the property is sold or the owner
commences occupancy of either the primary dwelling or ADU, this
exemption from the application of the owner occupancy requirements of
this section shall expire.
e. Properties containing existing nonconforming accessory structures may be
eligible for conversion of those structures to an ADU only to the extent a
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variance to address nonconforming elements is first obtained pursuant to
Section 26-115.
G. Existing development on lot. A single detached dwelling unit must exist as a
primary dwelling unit on the lot or parcel or be constructed simultaneously with
the ADU. A certificate of occupancy or completion for an ADU will only be issued
after or coincident with issuance of the same for the primary dwelling unit.
Section 23. The “Permitted Uses” Chart set forth in Section 26-1111 of the
Wheat Ridge Code of Laws, concerning permitted uses in mixed use zone districts, is
hereby amended by inserting a new row concerning ADUs as follows:
Permitted Uses
Use Group MU-C MU-C Int MU-C
TOD
MU-N
Ancillary Uses
Accessory dwelling unit (see §
26-646), as an accessory use to
a single detached dwelling
NP NP NP P
Section 24. The following definitions within Section 26-1119 of the Wheat Ridge
Code of Laws, defining certain terms applicable to Article XI of Chapter 26 of the Code
concerning mixed use zoning, are hereby amended, as follows:
Dwelling, duplex. A building designed for occupancy by two (2) families
living in separate dwelling units as tenants from month to month or for a
term longer than one (1) month. A building containing two (2)
separate primary dwelling units attached by one (1) or more
common walls either in a stacked configuration or side-by-side
configuration. Also referred to as two-unit dwelling.
…
Dwelling, single detached. A single dwelling unit in a single building not
attached to other buildings other than those accessory to the dwelling.
Also referred to as single-unit dwelling.
Section 25. All references to the terms “single-family,” “two-family,” and “multi-
family” within Chapters 21 and 26 are hereby replaced with the terms “single-unit” or
“single detached”, “duplex,” and “multi-unit” as enumerated in the attached Exhibit 1.
Section 26. Severability, Conflicting Ordinances Repealed. If any section,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall
16
not be affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed.
Section 27. Effective Dates; Compliance Required. This Ordinance shall take
effect on August 15, 2022, as permitted by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on
this 27th day of June, 2022, ordered published in full in a newspaper of general
circulation in the City of Wheat Ridge, and Public Hearing and consideration on final
passage set for July 11, 2022 at 7:00 p.m., as a virtual meeting and in the Council
Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado if allowed to meet in person
on that date per COVID-19 restrictions and that it takes effect on August 15, 2022.
READ, ADOPTED AND ORDERED PUBLISHED on second and final
reading by a vote of 7 to 1, this 11th day of July, 2022.
SIGNED by the Mayor on this 13 day of July, 2022.
________________________
Bud Starker, Mayor
ATTEST:
_________________________
Stephen Kirkpatrick, City Clerk
Approved as to Form:
_________________________
Gerald E. Dahl, City Attorney
First Publication: June 30, 2022
Second Publication: July 14, 2022
Effective Date: August 15, 2022
Published:
Jeffco Transcript and www.ci.wheatridge.co.us
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Exhibit 1
The terms “single-family”, “two-family”, and “multi-family” are hereby replaced in the
listed sections, as follows:
26-103.B Replace "single and two-family" with "single detached and duplex"
26-103.E Replace "single-family" with "single-unit dwelling"
26-111.A
Replace "single-family dwelling or one-duplex dwelling" with "single-unit dwelling or two-
unit dwelling"
26-117.C Replace "multifamily" with "multi-unit"
26-117.D Replace "multifamily" with "multi-unit" (three instances)
26-117.D Replace "single-family or two-family" with "single-unit or two-unit"
26-120.B
Replace "single-family" with "single-unit" and “single-family residence” with “single-unit
dwelling”
26-123
Definition of Bed and breakfast rooms: Replace "one-family" with "single detached"
(both instances)
26-123 Definition of Manufactured Home: Replace "single-family" with "single-unit or accessory"
26-204 (Residential
Table of Uses) Replace "One-family dwelling" with "Single detached dwelling"
Replace "Two-family dwelling" with "Duplex dwelling"
Replace "Three-family dwelling" with "Three-unit dwelling"
Replace "Four-family dwelling" with "Four-unit dwelling"
Replace "Multifamily dwelling" with "Multi-unit dwelling"
For Farmers' markets use, update notes: Replace "single- or two-family home" with
"single- or two-unit dwelling"
In Accessory Uses table, for Farmers' markets, update notes: "Replace "single- or two-
family home" with "single- or two-unit dwelling"
26-204 (Agricultural
and Public Facilities
Table of Uses) Replace "One-family dwelling" with "Single detached dwelling"
26-205.B (R-1) Replace "One-family dwelling" with "Single detached dwelling"
26-206.B (R-1A) Replace "One-family dwelling" with "Single detached dwelling"
26-207.B (R-1B) Replace "One-family dwelling" with "Single detached dwelling"
26-208.A (R-1C) Replace "single-family" with "single-unit"
26-208.B (R-1C) Replace "One-family dwelling" with "Single detached dwelling"
26-209.B (R-2)
Replace "One-family dwelling" with "Single detached dwelling" and "Two-family
dwelling" with "Duplex dwelling"
26-210.B (R-2A) Replace "One-family dwelling" with "Single detached dwelling" and "Two-family
dwelling" with "Duplex dwelling" and “Multifamily” with “Multi-unit dwelling”
Footnote d: Replace "one- or two-family" with "single- or two-unit"
Footnote e: Replace “multifamily” with “multi-unit”
Footnote h: Replace “multifamily dwelling units” with “multi-unit dwellings”
26-210.C (R-2A) Replace "single- or two-family homes" with "single- or two-unit dwellings"
18
26-211.B (R-3) Replace "One-family dwelling" with "Single detached dwelling" and "Two-family
dwelling" with "Duplex dwelling" and replace “Multifamily” with “Multi-unit dwelling”
Footnote e: Replace "one- or two-family" with "single- or two-unit"
Footnote f: Replace "multifamily" with "multi-unit"
Footnote i: Replace "one-family" with "single detached"
Footnote i (after bulk plane line): Replace “multifamily dwelling units” with “multi-unit
dwellings”
26-211.C (R-3) Replace "single- or two-family homes" with "single- or two-unit dwellings"
26-212.B (R-3A) Replace "One-family dwelling" with "Single detached dwelling" and "Two-family
dwelling" with "Duplex dwelling" and “Multifamily” with “Multi-unit dwelling”
Footnote e: Replace "one- or two-family" with "single- or two-unit"
Footnote f: Replace “multifamily” with “multi-unit”
Footnote h: Replace “multifamily dwelling units” with “multi-unit dwellings”
26-212.C (R-3A) Replace "single- or two-family homes" with "single- or two-unit dwellings"
26-213.A (A-1) Replace "single-family" with "single-unit"
26-213.B (A-1) Replace "One-family dwelling" with "Single detached dwelling"
Footnote c: Replace "one-family or two-family dwelling" with "single-unit dwelling"
26-213.C (A-1) Replace "single- or two-family homes" with "single- or two-unit dwellings"
26-214.B (A-2) Replace "One-family dwelling" with "Single detached dwelling"
Footnote c: Replace "one-family or two-family dwelling" with "single-unit dwelling"
26-214.C (A-2) Replace "single- or two-family homes" with "single- or two-unit dwellings"
26-215.C (PF) Replace "single- or two-family homes" with "single- or two-unit dwellings"
26-307.D Replace "single- and two-family" with "single- and two-unit dwelling"
26-412.D.2.b
Replace "in a single family area" with "in an area predominately consisting of single
detached dwellings"
26-417.E.2.b Replace "Multifamily" in title with "Multi-unit" and in subset "i"
26-417.E.2.c Replace "Single- or two-family" in title with "Single- or two-unit", in title and in subset "i"
26-420
Replace “multi-family” with “multi-unit residential” in the section heading.
Replace all instances of “multi-family” throughout following the instructions below (in
order of appearance):
• A, 1st para: Replace “multi-family dwelling units” with “multi-unit dwellings”
• A, 1st para: Replace “multi-family” with “multi-unit”
• A, 1st para: Replace “multi-family” with “multi-unit”
• A, 2nd para: Replace “MULTI-FAMILY DWELLING UNITS” with “MULTI-UNIT
DWELLINGS”
• A: 2nd para: Replace “MULTI-FAMILY” with “MULTI-UNIT” (both instances)
• A, 3rd para: Replace all instances of “MULTI-FAMILY” with “MULTI-UNIT”
• A, 4th para: Replace “MULTI-FAMILY” with “MULTI-UNIT”
• A, 6th para: Replace all instances of “MULTI-FAMILY” with “MULTI-UNIT”
• B, 1st para: Replace “multi-family” with “multi-unit”
26-501.B Replace "single-family" with "single detached dwelling"
26-501.B.7 Replace "single and two-family" with "single- and two-unit"
26-501.E.1.c.iv Replace "Multifamily" with "Multi-unit dwelling" (both instances)
26-501.E.2, Table 6 (Summary Chart)
In Multifamily elderly housing… category, replace "Multifamily" with "Multi unit"
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In Multifamily residential category, replace "Multifamily" with "Multi unit"
Replace "New single- and two-family residential" category with "New single- and two-
unit dwellings"
In Residential group homes category, replace "single-family residential" in requirements
column with "single-unit"
26-501.E.4.a.i Replace "multifamily" with "multi-unit dwelling"
26-501.E.4.b, Table 7 Replace "multifamily" with "multi-unit dwelling"
26-501.E.5
Replace "single-family" with "single detached", Replace "one- or two-family" with
"single- or two-unit"
26-501.E.9 Replace "one- and two-family" with "single- and two-unit"
26-501.E.12.b Replace "one- and two-family" with "single- and two-unit"
26-501.E.12.c Replace "one- and two-family" with "single- and two-unit"
26-501.E.12.k Replace "multifamily" with "multi-unit dwelling" (both instances)
26-501.E.12.l Replace "one- and two-family" with "single- and two-unit"
26-501.F.1 Replace "one- or two-family" with "single- or two-unit"
26-501.F.2.a Replace "one- and two-family" with "single- and two-unit"
26-501.F.2.b Replace "one- and two-family" with "single- and two-unit"
26-501.G.3.d.iii
Replace "multi-family" with "multi-unit dwelling", replace next “multi-family” with “multi-
unit”, and replace "multifamily" with "multi-unit"
26-501.H.10 Replace "one- or two-family" with "single- or two-unit" (both instances)
26-502.B Replace "multi-family" with "multi-unit dwelling"
26-502.C.5 Replace "single-family" with "single-unit"
26-502.D.1 Replace "Single- and two-family" with "Single detached and duplex"
26-502.D.1.c
Replace "single family and two family residences" with "single detached and duplex
dwellings"
26-502.D.2 Replace "Multifamily" with "Multi-unit"
26-502.D.2.e Replace "multi-family" with "multi-unit dwelling"
26-503.C.3, 8, and 9 Replace "multifamily" with "multi unit" (3 instances in Sec. 26-503)
26-603.B.2.c.v Replace "single and two family homes" with "single- and two-unit dwellings"
26-608 Replace "one-family" with "single detached"
26-608.B.3 Replace "one-family" with "single detached"
26-614.A.2 Replace "one- or two-family" with "single- or two-unit”
26-614.B Replace "One- and two-family" with "One- and two-unit”
26-614.D Replace "multi-family" with "multi-unit dwelling"
26-615.D.7.b Replace "single- or two-family" with "single- or two-unit”
26-615.D.7.d Replace "multi-family with "multi-unit dwelling"
26-616.F.1.b Replace "multifamily" with "multi-unit dwelling"
26-621.I Replace "multi-family" with "multi-unit" and "multifamily" with "multi-unit"
26-638.A Replace "one-family, two-family, or multi-family" with "single-unit, two-unit, or multi-unit"
26-639.C.7 Replace "family" with "unit" (both instances)
26-645.C.1 Replace "multifamily" with "multi-unit dwellings"
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26-645.E.1
Replace "single- and two-family" with "single- and two-unit", Replace "single-family
attached townhomes" with "single attached townhome"
26-709.B.1 Replace "single-family and duplex units" with "single detached and duplex dwellings"
26-709.B.2 Replace "Multifamily" with "Multi-unit"
26-709.C, Table 1 Replace "Multifamily" with "Multi unit"
26-709.C, Table 2 Replace "Multifamily" with "Multi unit"
26-710.J.6 Replace "multifamily" with "multi-unit dwelling"
26-711.I.3 Replace "multifamily" with "multi-unit dwellings" (both instances)
26-1104.G Replace "single- or two-family" with "single- or two-unit”
26-1105.C Replace "single- or two-family" with "single- or two-unit" (in table)
26-1106.H.1 Replace "single- or two-family" with "single- or two-unit”
26-1106.H.2 Replace "single- or two-family" with "single- or two-unit"
26-1109.J.2 Replace "multifamily" with "multi-unit"
26-1301.A Replace “multi-family” with “multi-unit residential” in subsections 1 and 2.
26-1302
In “association”, replace “multi-family” with “multi-unit” (both instances)
In “homeowner”, replace “multi family” with “multi-unit” and “multifamily” with “multi-unit
residential”
26-1303 Replace “multi-family” with “multi-unit” and “multifamily” with “multi-unit residential”
21-124.a(3) Replace "Multifamily" with "Multi-unit dwellings"
21-124.b Replace "single family residential homes" with "single detached dwellings"
21-182.2
Replace "single-family residence" with "single detached" and replace "two-family" with
"duplex"