Denver, CO Accessory Structures: ADU Owner Occupancy (2026)
Key Facts
- Applies to
- Single-Unit (SU) zone districts only
- Core rule
- One owner must occupy primary dwelling
- Exception
- Simultaneous new-build construction
- Exempt
- Denver Housing Authority-owned properties
Summary
Denver requires at least one owner of the primary home to live there as a primary residence when applying for an Accessory Dwelling Unit permit, in single-unit zone districts where ADUs are allowed.
At the time a permit application is submitted for an Accessory Dwelling Unit use accessory to an existing Primary Dwelling Unit, at least one owner of the existing Primary Dwelling Unit shall occupy the existing Primary Dwelling Unit as the owner's primary residence, except as provided in Section 11.8.2.2.B.2.b below.
Full Breakdown
In Denver's Single-Unit (SU) zone districts, where Accessory Dwelling Units are permitted with limitations, the Zoning Code requires at least one owner of the existing Primary Dwelling Unit to occupy it as a primary residence at the time an ADU permit application is submitted. That requirement is waived when the ADU is built simultaneously with a new primary dwelling, and it doesn't apply to units tied to the Denver Housing Authority. "Primary residence" must be documented with at least two of: vehicle registration, driver's license, Colorado state ID, voter registration, tax documents, or a utility bill.
Violations & Fines
An ADU permit application that can't document owner occupancy under this rule is denied by the Zoning Administrator until the requirement is met or an exception applies.
Frequently Asked Questions
Does this owner-occupancy rule apply everywhere in Denver?
What if I'm building the ADU and the main house at the same time?
Sources & Official References
Other rules in Denver
Compare Denver to another location·View the Colorado accessory structures overview
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