Arvada, CO Accessory Structures: ADU Owner Occupancy (2026)
Key Facts
- Owner-occupancy waiver
- Absence under 1 year, after 2 years of use
- ADUs per lot
- One ADU allowed per residential lot
- Deed restriction
- Filed with County Clerk before building permit
- Max fine
- $2,650 per violation under Section 1-5
- Governing section
- LDC Section 5-1-5-2.K, Owner Occupancy
Summary
Arvada requires the property owner to live in either the principal home or the accessory dwelling unit under Land Development Code Section 5-1-5-2.K. The Director can waive the rule for documented absences under one year, but only after the owner has held the permit for at least two years, and the requirement is locked in through a deed restriction recorded before the building permit issues.
K.Owner Occupancy.1.The property owner, as reflected in title records and evidenced by voter registration, vehicle registration or other similar means, must occupy either the principal dwelling unit or ADU.2.The Director may waive this requirement for temporary absences of less than one year provided that the owner has maintained the permitted use for a minimum of two years and submits proof of the temporary absence.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: City Council Policy Manual: Supplement 1 | Code of Ordinances: Supplement 67).
Full Breakdown
Arvada's LDC classifies accessory dwelling units as Type A (a detached unit, treated as a separate dwelling for Building Code purposes) or Type B (integrated into the principal home, typically rented, with its own access). " Only one ADU is allowed per residential lot, and it must fit within Table 5-1-5-2 (600 to 1,200 square feet depending on lot size) or, for units built inside an existing home's footprint, no more than 50 percent of the principal dwelling's floor area including the basement. L requires the owner to record a declaration of restrictions with the County Clerk and Recorder stating that the ADU cannot be sold separately from the principal dwelling, that the certificate of occupancy stays valid only while the owner occupies the ADU or the main residence, and that lack of compliance can trigger penalties under the LDC.
" The deed restriction lapses only once the Director verifies the ADU has been removed and records a release; the property owner pays the recording fees and must confirm the release was completed.
Violations & Fines
Operating an ADU without the owner living in either unit, or without the recorded deed restriction, violates the LDC and can void the ADU's certificate of occupancy. Under Section 10-1-2-2, a person who ignores a notice of violation or stop-work order is guilty of a misdemeanor punishable by a fine up to the Section 1-5 limit of $2,650, imprisonment up to 180 days, or both, with each day of continued noncompliance charged as a separate offense.
Frequently Asked Questions
Do I have to live in the ADU itself in Arvada?
Can I rent out both units if I move away for a year?
What happens to my certificate of occupancy if I stop living there?
Does the deed restriction ever go away?
Sources & Official References
Other rules in Arvada
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ADU Owner Occupancy in Nearby Cities
How other cities in Jefferson County handle adu owner occupancy.