Louisville will continue to work toward allowing accessory dwelling units in the city, in order to comply with state law.

During the Tuesday Louisville City Council meeting, the council gave direction to city staff to revise the proposed ordinance to make accessory dwelling units, or ADUs, more equitable in size for larger and smaller lots. The council will continue to discuss ADUs at the May 20 meeting.

The Louisville City Council discussed enacting an ordinance to allow for accessory dwelling units in order to comply with state legislation.

According to the council’s agenda, Colorado House Bill 24-1152 requires certain municipalities, including Louisville, permit the use of ADUs in all zoning districts which allow for single-family housing. The deadline to comply with the law is June 30, meaning Louisville will need to have an ordinance allowing ADUs by then. Accessory dwelling units, or ADUs, are attached or detached dwellings that are independent from the primary residence, but still on the same lot. The ADU provides places for living, sleeping, eating, cooking and sanitation.

Louisville city code does not currently address ADUs, and consequently, they are not currently allowed. Short-term rentals are not permitted in Louisville, and could not operate out of an ADU.

A proposed ordinance to amend city code to allow for ADUs was sent back to staff to revise the permitted size and height of an ADU, as well as to allow for them to be built on lots that also allow for single-family attached units such as duplexes or townhomes. The revisions include allowing a 500-square-foot ADU by right, regardless of lot coverage requirements, and a 25-foot height allowance.

Multiple councilmembers said the 500-square-foot ADU by right allows homeowners on smaller units to not be overly restricted to how big the ADU can be. The original proposal stated ADUs could not be bigger than 49% of the primary unit, or 800-square-feet for a detached ADU and 1,000-square-feet for an attached ADU, whichever is bigger. The maximum square footage will still be enforced when the revised ordinance comes back to council. “Other revisions include allowing an ADU to be built in front of a home, as well as differentiating ADU regulation differences inside and outside of the Old Town neighborhood, due to the neighborhood’s smaller lot sizes, historic homes and other design standards.

“There are rules and then there are exceptions,” Councilmember Caleb Dickinson said.

He explained there may be cases, for example in Old Town, where the original unit might be able to become the smaller ADU, so a larger home can be built behind it while still preserving the historic home. The ordinance should be able to address those situations where residents can get some exceptions to the rules, Dickinson said.

While a homeowners association can not be more restrictive than the state law, it can be more restrictive than the city’s ordinance, City Attorney Kathleen Kelly said. Kelly and Hirt said while a homeowners association can not prohibit ADUs in totality, it can impose more restrictive standards.