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Colorado Springs, CO Accessory Structures: ADU Owner Occupancy (2026)

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

Key Facts

Governing section
UDC Subsection 7.3.304E
Core rule
Owner must reside on property to apply
Exception
Waived when ADU built with the primary home
Recorded restriction
Filed with El Paso County Clerk before permit
WUI-O limit
Detached/attached ADUs barred; integrated ADUs allowed

Summary

Before the City will accept an application to build or convert an Accessory Dwelling Unit, UDC Subsection 7.3.304E requires the property owner to demonstrate they reside on the property: a requirement waived only when the ADU is built at the same time as the main home.

E. Dwelling, Accessory: Accessory Dwelling Units (ADU) are only allowed as an accessory use to a single-family detached dwelling in any zone district, overlay district, or other location where single-family detached dwellings are allowed. The property owner must demonstrate that said property owner resides on the property when submitting an application to construct or convert an ADU, except that this requirement does not apply for any ADU being constructed simultaneously with a primary dwelling. Detached and attached ADUs are not allowed and may not be constructed in a Wildland Urban Interface Overlay (WUI-O) district, but integrated ADUs may be constructed in a Wildland Urban Interface Overlay (WUI-O) district.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-21: Code current through: Ord. 26-23, passed June 9, 2026).

Full Breakdown

304E opens the Unified Development Code's Accessory Dwelling Unit standards with an eligibility gate rather than a design rule: the property owner must demonstrate residency on the property when submitting an application to construct or convert an ADU. ADUs are only allowed as an accessory to a single-family detached dwelling, in any zone or overlay district where single-family detached homes are permitted, which already limits the use to owner-occupied single-family neighborhoods rather than multi-family or investor-held rental portfolios. The residency showing applies at the application stage, reviewed by the Manager as part of the administrative approval process, and the single carve-out is for an ADU built simultaneously with the primary dwelling, where there is no existing owner-occupancy history to document because the property doesn't yet have an occupied home.

The owner-occupancy requirement pairs with a separate restriction barring detached and attached ADUs (though not integrated ADUs) from the Wildland Urban Interface Overlay (WUI-O) district, and with the Code's ban on selling the ADU separately from the principal dwelling or subdividing the lot to isolate it, enforced through a declaration of restrictions the owner must record with the El Paso County Clerk and Recorder before a building permit issues. Together these provisions keep Colorado Springs ADUs tied to owner-occupied, single-family lots rather than functioning as a stand-alone rental product.

Violations & Fines

Submitting an ADU application without demonstrating owner-occupancy, or later selling the ADU separately from the principal dwelling in violation of the recorded declaration of restrictions, is enforceable under City Code Section 1.1.201's general penalty, a fine up to $2,500, up to 189 days in jail, or both, in addition to permit denial or revocation by the Manager.

Frequently Asked Questions

Do I have to live in my house to build an ADU in Colorado Springs?
Yes. UDC Subsection 7.3.304E requires the property owner to demonstrate residency on the property when applying to construct or convert an ADU, unless the ADU is being built at the same time as the primary dwelling, when there's no existing home to occupy yet.
Can I build an ADU and then sell it separately from my house?
No. Subsection 7.3.304E.1.a requires a recorded declaration of restrictions filed with the El Paso County Clerk and Recorder before your building permit issues, prohibiting the ADU from ever being sold separately from the principal dwelling.
Does the owner-occupancy rule apply everywhere in the city?
It applies wherever an ADU is allowed, any zone or overlay letting single-family detached homes, except that detached and attached ADUs (not integrated ones) are barred outright from the Wildland Urban Interface Overlay district.

Sources & Official References

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