Arapahoe County, CO Accessory Structures: ADU Owner Occupancy (2026)
Key Facts
- Who must live on-site
- An owner of record, in either unit
- Waiver available
- Absences under 1 year
- Waiver condition
- 2+ years of prior permitted use
- Waiver granted by
- Planning Division Manager or designee
- Enforcement tool
- Recorded deed restriction (§ 3-3.2.D.19)
Summary
An owner of record must live in either the principal dwelling or the ADU on any Arapahoe County parcel with an accessory dwelling unit. The Planning Division Manager can waive this for absences under a year if the owner has held the permitted use at least two years.
18. Owner Occupancy The property owner of record, as reflected in the Arapahoe County land title records and evidenced by voter registration, vehicle registration, or other similar means, must reside in either the principal dwelling or the ADU. The Planning Division Manager or designee 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, satisfactory to the Planning Division Manager or designee, of the temporary absence.
Full Breakdown
4 as a principal dwelling or ADU that is the principal residence of an owner of record holding at least a life estate, a 50 percent fee-simple interest, trustor status in a revocable living trust, or majority ownership of an LLC, partnership or similar entity that holds title. The Planning Division Manager or designee has limited discretion to waive the requirement for a temporary absence of less than one year, but only if the owner has maintained the permitted ADU use for a minimum of two years and submits proof of the temporary absence satisfactory to the Planning Division Manager.
19, which ties the ADU's certificate of occupancy to continued compliance and states the restriction "shall be in effect only so long as the property owner of record resides in either the principal dwelling or the ADU," subject to the temporary waiver.
Violations & Fines
An owner who stops residing in either the principal dwelling or the ADU without qualifying for the Planning Division Manager's temporary waiver is out of compliance with the recorded deed restriction under LDC § 3-3.2.D.19, and the county's Public Works and Development Department can pursue enforcement under LDC Chapter 6 until owner-occupancy is restored or the ADU is removed.
Frequently Asked Questions
Do I have to live on my property to keep an ADU in Arapahoe County?
Can I temporarily move away and keep my ADU legal?
What counts as an 'owner of record' for this rule?
Sources & Official References
Other rules in Arapahoe County
Compare Arapahoe County to another location·View the Colorado accessory structures overview
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