El Paso County, CO Accessory Structures: ADU Rules (2026)
ADU rules in El Paso County, CO, also called accessory dwelling unit regulations or granny flat ordinances, cover setbacks, owner-occupancy, parking, and permit requirements.
Key Facts
- Max size
- 1,500 sq ft (or full basement)
- Occupants
- family or employee only
- Kitchen
- barred without no-rent affidavit
- Utilities
- must share main dwelling's meters
- Governing section
- LDC § 5.2.35
Summary
El Paso County allows a mother-in-law apartment up to the size of the primary home, capped at 1,500 square feet, but restricts it to family members or employees and bars a separate kitchen without a recorded no-rent affidavit.
A mother-in-law apartment shall be no larger than the total square footage of the primary residence, excluding any garage area, up to a maximum of 1500 square feet. A basement area of the principal residence utilized as a mother in law apartment is not subject to this size limit and may occupy the entire basement area.
(D) No Separate Meter for Utilities. All electric, gas, sewer and water service to the apartment shall be interconnected to and indistinguishable from that of the main dwelling unit and shall not have separate meters, service lines or billings.
CD5:34 USE AND DIMENSIONAL STANDARDS 5.2.36
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Land Development Code: Supplement 3 | Drainage Criteria Manual: Publication | Engineering Criteria Manual: Supplement 3 | Ordinances: Reformat).
Full Breakdown
The Land Development Code treats an accessory dwelling as a 'mother-in-law apartment,' capping its size at the square footage of the primary residence excluding garage, up to 1,500 square feet, though a basement unit is exempt from that cap. It must connect internally to the main house, share utility meters with the main dwelling, and can only house family members or an employee of the resident owner. A kitchen is barred unless the owner records an affidavit with the Clerk and Recorder promising the unit will never be rented or leased.
Violations & Fines
A mother-in-law apartment that doesn't meet these standards needs special use approval at 20% of the standard administrative special use fee; one that functions as a rented second dwelling instead requires a variance of use approval from the county.
Frequently Asked Questions
How big can a mother-in-law apartment be in El Paso County?
Can I rent out a mother-in-law apartment in unincorporated El Paso County?
Sources & Official References
Other rules in El Paso County
How El Paso County compares: Easiest Cities to Build an ADU·Compare El Paso County to another location·View the Colorado accessory structures overview
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