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Aurora's council refused to update its ADU code — which did not repeal the state statute

Aurora's council refused to update its ADU code — which did not repeal the state statute
Colorado · Legislation

Aurora's council refused to update its ADU code — which did not repeal the state statute

Aurora's city council voted 6–2 on June 9, 2025 to oppose the ordinances that would have brought its code into line with Colorado's ADU and parking mandates — three weeks before the state's compliance deadline. The draft ADU ordinance had been published April 18, 2025 and heard by the Planning and Zoning Commission on May 14. It was not adopted.1

The point boards in Aurora need first: a council refusing to update the city's zoning text did not repeal the state statute. The CCIOA provision at C.R.S. 38-33.3-106.5(4) operates on declarations directly, independent of whether Aurora's Unified Development Ordinance has caught up.

The city's own attorney said so

City Attorney Pete Schulte told council that Aurora “must abide by the new state mandates, whether they adopt the alignment ordinances or turn them back, unless courts back opposition to the measures.”

Councilmember Françoise Bergan framed the vote the other way: “This is an attack on our home rule authority by the state legislatures.”

Governor Jared Polis had signed an executive order on May 16, 2025 conditioning certain state transportation and energy grant funding on compliance, and Aurora subsequently joined a six-city lawsuit against the state.

What the rejected draft would have required

The ten-page draft was detailed, and it is worth recording because it is the version Aurora may eventually return to.

Eligible districts: “An accessory dwelling unit (ADU) shall be permitted as an accessory use in all zones listed in Table 3.2-1 (Permitted Use Table) that permit single-family detached dwellings,” with table edits adding “Dwelling Unit, Accessory” across R-R, R-1, R-2, R-3, R-4, OA-R1, OA-R2, MU-A, APZ and related districts.

Planned Developments expressly covered: “Accessory dwelling units shall also be permitted in any Planned Developments (PDs) on lots that allow single-family detached dwellings.”

One per lot. “Only one ADU is permitted per lot with one single-family detached dwelling.”

Exclusions tracking the statute's exempt-parcel definition: lots not served by domestic water and sewer, or served by a well that cannot supply an additional unit; property on the local historic register but not in a historic district, with a Historic Preservation Commission path; and lots in a floodway or 100-year floodplain.

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The dimensional standards, and the design rule that will look familiar

Internal ADUs: maximum 750 square feet or 50% of the existing primary dwelling, whichever is greater; extensions beyond 100 square feet of added gross floor area reclassify it as attached. Basement and upper-storey conversions were exempt from the floor-area maximum.

Attached ADUs: minimum 250 square feet, maximum 750 square feet or 50% of the primary dwelling, whichever is greater; same side setback as the primary dwelling; five-foot minimum rear setback; three feet from an abutting rear alley; entrances on the side or rear.

Detached ADUs: minimum 250 square feet, maximum 750; maximum height twenty-four feet; side or rear yard only; five-foot rear setback, three feet from an abutting alley; a thirty-six-inch clear access path from the front property line where possible. Mobile homes and vehicles prohibited; prefabricated, manufactured and tiny homes allowed in permitted durable materials.

Design standards — and this is the provision an architectural committee will recognise. ADUs must use materials permitted for single-family detached dwellings and be “objectively consistent with the primary dwelling by incorporating at least four of the following elements”: roof pitch and form; soffit and fascia style; exterior wall cladding style or material; window style, trim and orientation; exterior door style; architectural features such as recessions, projections, dormers, balconies, porches, columns or prominent entry features; and colour palette.

Parking: no new off-street parking required with an ADU unless all three of the following applied — the zone district required off-street parking for a single-family detached dwelling as of January 1, 2024; there is no existing space on the lot that could be designated for the ADU; and the ADU is on a street where on-street parking is prohibited. Then one space.

No subdivision: a lot with both a primary dwelling and an ADU could not be subdivided so the ADU sat on a separate platted lot. The draft also removed the Planning and Zoning Commission hearing from the ADU approval path in favour of a building-permit route.

Covenants: absent from the ordinance, addressed in the city's Q&A

Searched in full, the draft ordinance contains zero occurrences of “association,” “covenant,” “HOA,” “deed restriction” or “homeowner.” It does address Planned Developments expressly, but that is the public PUD instrument, not a recorded declaration.

The city's public question-and-answer material does address it, and closely tracks Denver's position: the city “does not enforce deed restrictions or covenants,” associations may impose “reasonable restrictions” under state law — requirements that do not “unreasonably increase the cost … or effectively prohibit the construction of” an ADU — and state law “overrules” local restrictions inconsistent with HB24-1152.

Where that leaves an Aurora board

This is the most confusing jurisdiction in Colorado for an association right now, and the honest description is that Aurora sits in a gap.

The city's zoning text is not aligned. The city says it will not enforce covenants either way. And the statutory preemption of declaration-based ADU bans is a matter of state law whose application in Aurora is contested in pending litigation — Aurora being a plaintiff in the six-city suit filed in Denver District Court on May 19, 2025, which challenges HB24-1313 and HB24-1304, though notably not HB24-1152.

Boards in Aurora should be taking their own advice on whether their ADU provision is enforceable, and we are not resolving it here. What can be said without resolving anything: the association's exposure does not depend on Aurora's council. It depends on whether Aurora is a subject jurisdiction under C.R.S. 29-35-102, whether the home is a single-unit detached dwelling, and whether the association's restriction is a “reasonable” one.

What has happened since

Aurora returned to the subject a year later. At a study session on July 13, 2026, council directed staff to draft a formal ADU expansion ordinance. As of today no ordinance has been adopted, so that effort is a proposal rather than law.

The scale figures reported alongside that session are worth noting, because they show what the city's 2018 rules produced: 262 ADU requests received between 2023 and June 2026 from owners in non-approved zones, against only nine ADUs permitted and five built under those rules. Demand exists; the code did not accommodate it.

For a board, the practical read is that Aurora's code is likely to change, on the city's timetable rather than the state's, and that the association's own design standards are the part it controls either way.

Related Colorado HOA Topics

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  1. Zoning Code Update question and answer material, City of Aurora — timeline, the June 9, 2025 opposition vote, and "does not enforce deed restrictions or covenants"
  2. Draft ADU ordinance, City of Aurora (April 18, 2025) — source of the quoted dimensional and design standards
  3. "Aurora lawmakers clash with state over affordable housing code changes," Sentinel Colorado, June 15, 2025 — the 6-2 vote and the Schulte and Bergan quotations
  4. "Aurora considers expanding accessory dwelling units to boost housing options," Sentinel Colorado — the July 2026 study session and the ADU request figures
  5. HB24-1152 signed act, adding C.R.S. 38-33.3-106.5(4) — the ADU covenant preemption

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