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Broomfield, CO Accessory Structures: ADU Impact Fees (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Fee rate
$1.00 per square foot
Trigger
Certificate of occupancy application
Adopted
Voter election, November 7, 1995
Fund use
Parks, streetscapes, traffic signals, utilities
Redevelopment credit
Only excess sq ft over replaced home
Exempt uses
Assisted care, nursing, senior housing, hospice

Summary

Broomfield charges a $1.00 per square foot services expansion fee, an excise tax approved by voters in 1995, on new residential construction, due before the building official issues a certificate of occupancy. Section 3-28-040(B) applies the fee to any dwelling unit as defined in section 17-04-100, B.M.C., a definition broad enough to reach a new accessory dwelling unit's living space.

(B)Any person who applies for a certificate of occupancy for any new residential construction shall pay to the city a services expansion fee of $1.00 for each square foot of total floor area for any dwelling unit as defined in section 17-04-100, B.M.C., or in section 202; International Building Code, or section R202, International Residential Code; or for any one-family dwelling unit as defined in section 17-04-095, B.M.C.; or for any multiple-family dwelling unit as deemed in section 17-04-090, B.M.C. ... (C)The building official shall not issue a certificate of occupancy unless the services expansion fee has been first paid to the city.

Full Breakdown

The services expansion fee, chapter 3-28, was adopted after Broomfield voters approved it at the November 7, 1995 general election and is structured as an excise tax on new residential construction, not an ad valorem property tax, per section 3-28-020. Section 3-28-040(B) charges $1.00 for each square foot of total floor area for any dwelling unit as defined in section 17-04-100, B.M.C., or under the adopted International Building Code section 202 or International Residential Code section R202, and also reaches one-family dwellings under section 17-04-095 and multiple-family dwellings under section 17-04-090.

Section 17-04-100 defines a dwelling unit as any building or portion containing sleeping, eating, cooking, and sanitation facilities, and excludes only hotels and motels, not accessory dwelling units, so a detached or attached ADU that meets that definition owes the fee on its own floor area when it receives a certificate of occupancy. Section 3-28-040(C) makes the building official withhold the certificate of occupancy until the fee is paid. Redevelopment gets a partial break: section 3-28-050(A) charges the fee only on habitable square footage that exceeds the single-family home being replaced on the same lot.

Section 3-28-050(C) exempts assisted care facilities, nursing homes, senior housing facilities, and hospices outright. Collected fees go into the services expansion fee fund under section 3-28-060, restricted to capital improvements, community parks and facilities, stormwater facilities, streetscapes, traffic signals, and joint-use educational or municipal facilities serving the paying subdivision.

Violations & Fines

The building official cannot issue a certificate of occupancy for a new dwelling unit, including an ADU, until the $1.00-per-square-foot services expansion fee is paid, per section 3-28-040(C); occupying or using the unit without that certificate exposes the owner to the general penalties in chapter 1-12, a fine up to $2,650.00, imprisonment up to 364 days, or both, with each day of continued unpermitted occupancy a separate offense.

Frequently Asked Questions

Does building a detached accessory dwelling unit in Broomfield trigger the services expansion fee?
Yes. Section 3-28-040(B) charges $1.00 per square foot of total floor area for any dwelling unit as defined in section 17-04-100, B.M.C., and that definition only excludes hotels and motels, not accessory dwelling units, so a new ADU's floor area is billed the same as any other new dwelling unit.
When does Broomfield collect the ADU services expansion fee?
The fee is due before occupancy, not at permit issuance. Section 3-28-040(C) bars the building official from issuing a certificate of occupancy for the new dwelling unit until the $1.00-per-square-foot fee has been paid to the city.
Is there any discount for replacing an existing structure with a bigger ADU?
Section 3-28-050(A) applies to rebuilt single-family homes, charging the fee only on the habitable square footage that exceeds what was demolished on the same lot; it does not by its terms extend that same credit to a newly added ADU that was not itself a replaced structure.
Are senior housing or assisted care units exempt from this fee?
Yes. Section 3-28-050(C) excludes assisted care facilities, nursing homes, senior housing facilities, and hospices from the services expansion fee entirely, regardless of the floor area of the new units built.

Sources & Official References

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