To establish an administrative review process and specific standards for review of accessory dwelling units in areas that permit single unit detached dwellings on individual lots within the Town of LaSalle as required by C.R.S., Title 29 Article 35.

(Ord. No. 1-2025, § 1, 2-11-2025)

The following definitions are specific to accessory dwelling units within the Town of LaSalle.

Accessory use means a structure or the use of a structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal structure or use of the structure.

Dwelling unit means a single unit providing complete independent living facilities for one or more individuals, including permanent facilities for cooking, eating, living, sanitation, and sleeping.

Short-term rental means the rental of a lodging unit for less than 30 days.

Single-unit detached dwelling means a detached building with a single dwelling unit on a single lot.

Tandem parking space means a parking space that is located either in front of or behind one or more other parking spaces that share the same point of access.

(Ord. No. 1-2025, § 1, 2-11-2025)

All accessory dwelling units must be approved by the town prior to construction, or with regard to existing structures, prior to conversion or use as an accessory dwelling unit.

(a)

Accessory dwelling unit review process.

(1)

Step 1: Accessory dwelling unit application submittal. The applicant shall submit two copies of the complete application package to the town clerk. The application shall include:

a.

ADU technical criteria application form.

b.

Application fee and fee agreement.

c.

A vicinity map showing the general location of the affected properties.

d.

An 11-inch-by-17-inch or larger scaled site plan drawing showing the existing and proposed boundary lines, dimensions, and bearings of the property on which the accessory dwelling unit shall be located; the locations, dimensions and setbacks for all existing and proposed improvements, structures, easements, and utilities; and the current zoning of the property. The map shall include the location of one designated off-street parking space in the location of an existing driveway, of a garage, of a tandem parking space or other parking space for the use of the accessory dwelling unit.

e.

A current title report in the form of a title commitment indicating the current ownership and the encumbrances, if any, on the property. The report shall have been issued within three months prior to submission of the application, and updated commitments shall be provided upon request.

f.

A certificate of taxes due or other evidence demonstrating that there are no overdue taxes on the affected property.

g.

Certified mail return receipts and copies of the letters from the owners to the holders of any mortgages or deeds of trust upon the property evidencing the fact that the owners have sent a copy of the application to such holders and notified the holders of the requested accessory dwelling unit.

h.

Evidence sufficient to demonstrate that the applicant resides on the lot where the accessory dwelling unit is proposed.

i.

A utility demand analysis completed by a registered professional engineer.

j.

Such other data and information as may be prescribed by the LaSalle Municipal Code or as reasonably required by the town.

k.

The applicant shall promptly comply with any requests to provide additional or supplemental information that may be reasonably required by the town for review of the application. The deadline for action on an adjustment application shall be automatically extended to reflect the submittal date of any additional or supplemental information.

(2)

Step 2: Staff certifies application is complete. Within a reasonable period of time, staff shall either certify that the application is complete and in compliance with all submittal requirements or reject it as incomplete and notify the applicant of any deficiencies. The applicant shall then correct any deficiencies in the application package, if necessary, and submit the required number of copies of the application (as specified in the ADU technical criteria form) to the town clerk. The original application and all documents requiring a signature shall be signed in blue ink.

(3)

Step 3: Staff notifies interested parties. Upon receipt of a complete accessory dwelling unit application, the town planner and town engineer shall review the request to determine whether it complies with the requirements of this chapter. The application may be referred to other town departments and to other appropriate agencies and persons, and referral comments regarding the application may be received from such departments, agencies, and persons. The applicant shall be provided with copies of any written referral comments.

(4)

Step 4: Staff reviews application. Staff will review the application based on the ADU review criteria and the referral comments (if applicable). If the town planner and town engineer determine that the proposed accessory dwelling unit complies with the requirements of this chapter, they shall refer it to the operations director for review. A decision by the operations director to approve, approve with conditions, or deny an application for accessory dwelling unit shall be issued within 30 days after the town has determined that the application is complete.

a.

If the operations director finds that the application meets the criteria for approval, he/she shall notify the applicant in writing approving or conditionally approving the application. In such an event, the approved application shall be finalized as set forth in 5. and 6 below.

b.

If, upon receipt of a complete application for an accessory dwelling unit, staff determine that such request is not eligible for consideration under this chapter, then the applicant shall be so notified in writing. Thereafter, the applicant may withdraw the application by written request to the town, and in such an event, the application fee shall be refunded to the applicant.

c.

There may be imposed on any accessory dwelling unit approval conditions as may be necessary to conform the application to the requirements of this chapter or to other applicable requirements of the applicable town codes.

(5)

Step 5: Apply for building permit. Once the operations director has approved the ADU application, the applicant shall apply for a building permit for the unit and follow the standard building permit review process as identified in the LaSalle Municipal Code. ADUs located within the same structure as a primary dwelling unit will be required to comply with all fire separations requirements for two-family dwellings of the adopted residential building code.

(6)

Step 6: Certificate of approval. The operations director shall issue a certificate of approval of the accessory dwelling unit on behalf of the town.

a.

The certificate shall be void and of no further force and effect unless the applicant submits a complete building permit application within 180 days of the date of the decision on the accessory dwelling unit.

b.

In the event the building permit and or other documents required for the finalization of the approved accessory dwelling unit are not submitted to the town within 180 days following the effective date of the approval, such approval shall be void and of no further force and effect.

(b)

Accessory dwelling unit review criteria. The decision to approve, conditionally approve, or deny a proposed accessory dwelling unit shall be based upon whether the applicant has demonstrated that the proposed accessory dwelling unit meets all of the following standards:

(1)

The accessory dwelling unit is located on a legal, platted lot, in a zoning district that permits single-unit dwellings on individual lots.

(2)

There shall be only one accessory dwelling unit on any lot.

(3)

The accessory dwelling unit complies with the applicable zoning standards.

(4)

The accessory dwelling unit, as approved, will not conflict with existing structures or utilities upon the property.

(5)

If applicable, the accessory dwelling unit does not materially impair the purposes, intent, or development contemplated under the planned unit development plan or other applicable development plan pertaining to the property or of the town's Zoning Code.

(6)

The resulting accessory dwelling unit allows for the efficient use of property.

(7)

All owners and record title interest holders have consented to the accessory dwelling unit.

(8)

The accessory dwelling unit may not be larger or taller than the primary residence on the property and shall not be smaller than 500 square feet or larger than 750 square feet.

(9)

The accessory dwelling unit shall be in compliance will all applicable building and fire codes as adopted by the town and shall be placed on a permanent foundation.

(10)

Construction of the accessory dwelling unit will not cause additional stormwater to be discharged onto adjacent residential lots.

(11)

Motor homes, multi-purpose trailers, and recreational vehicles may not be used for accessory dwelling units.

(12)

If the utility demand analysis shows that additional raw water is needed to serve the accessory dwelling unit, the applicant shall provide additional raw water as required by the LaSalle Municipal Code.

(13)

An accessory dwelling unit located in a detached accessory structure, or an attached structure constructed after January 1, 2025, as an accessory dwelling unit, shall be supplied by separate water and sewer taps, service lines, curb stops and meters from the principal structure.

(14)

An accessory dwelling unit shall not be established or constructed before the establishment or construction of the principal use or structure.

(15)

Accessory dwelling units shall not be permitted as the exclusive use of any property.

(16)

Accessory dwelling units shall not be located closer to the front property line than the principal structure.

(17)

Accessory dwelling units shall not be located closer to the side property line than the required side yard setback for accessory building within the zoning district.

(18)

Accessory dwelling units shall not be located closer to the rear property line than for the required rear yard setback for an accessory building within the zoning district.

(19)

An accessory dwelling unit may be integrated into the principal dwelling structure or located in a detached, accessory structure such as a garage and shall be located on the same lot as the principal single-family detached unit.

(20)

The accessory dwelling unit shall not be used for short-term rental in any residential district.

(21)

The accessory dwelling units shall not be sold separately from the principal dwelling.

(Ord. No. 1-2025, § 1, 2-11-2025)