Accessory Family Suites & Accessory Dwelling Units

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Accessory Family Suite (AFS)

If you are not building an addition onto your primary home and your property is zoned correctly for the unit type, you may submit your building permit application directly with the Pikes Peak Regional Building Department without further consult from the City Planning Department.

If you are intending to build an addition onto your primary home in order to accommodate an AFS, please check the zone district of your property, the appropriate building setbacks, and the maximum lot coverage (percentage of the lot which can be covered by a structure). If you are adding onto a second floor, or constructing a new upper floor, please consult the informational handout for the maximum building height allowed. If there is no conflict with the setbacks, lot coverage, or height, you may submit your building permit application directly with the Pikes Peak Regional Building Department without further consult from the City Planning Department. If there is a conflict and you’d like to discuss options, please submit a pre-application meeting request to meet with a City Planner. To schedule a pre-application meeting please complete the online form. A Planner should contact you to set up the meeting within two to three business days. There is no fee to hold pre-application meetings, can usually be scheduled for the following week, and they may be conducted over the phone.

For all building permit applications: Please ensure you have a completed (signed, notarized, and recorded) the Affidavit acknowledging the occupancy limitation of one family and the Covenant prohibiting subdivision and separate sale of the AFS. The templates for these documents can be found in the “Checklists and Letters” section. Your building permit application will be denied until the completed forms are uploaded or if any portion of the form is left blank.

If you have any questions, please consult the informational handout found in the “About” tab and/or contact the City Planning Department at 719-385-5905.

*If you live in an HOA, please consult your HOA’s rules, restrictions, and regulations to determine if further action is necessary*

Integrated Accessory Dwelling Units (ADU)

The first set is to set up a “pre-application” meeting with a City Planner to discuss your proposal for an integrated ADU allowing a second family to live on the property. A pre-application meeting is required in order to discuss the process, timeline, and required information for the required Conditional Use application.

To schedule a pre-application meeting please complete the online form. A Planner should contact you to set up the meeting within two to three business days. There is no fee to hold pre-application meetings, can usually be scheduled for the following week, and they may be conducted over the phone.

If you have any questions, please consult the informational handout found in the “About” tab and/or contact the City Planning Department at 719-385-5905.

Detached Accessory Dwelling Units (ADU)

The first set is to set up a “pre-application” meeting with a City Planner to discuss your proposal for a detached ADU within a two-family or multi-family zone district. A detached ADU is not permitted within single-family zone districts. A pre-application meeting is required in order to discuss the size of the ADU, the size of the structure, the height of the structure, and placement on the lot.

If you have any questions, please consult the informational handout found in the “About” tab and/or contact the City Planning Department at 719-385-5905.

Definitions and Ordinances

On June 23, 2020, Colorado Springs City Council approved three ordinances pertaining to accessory dwelling units and accessory family suites in single-family zones and multi-family zones. The approved ordinances went into effect on July 6, 2020.

Accessory Family Suites

Accessory family suites (AFS) are permitted by right in all zone districts where a detached single-family home is an allowed use. These types of units are permitted within a detached single-family residence and would not be allowed as a detached structure. Currently a single-family home can be occupied by one “family” as defined in the zoning ordinance, which would continue to apply to properties which contain an accessory family suite.

Definitions & Accessory Dwelling Units

A step beyond accessory family suites are accessory dwelling units (ADU). Accessory dwelling units allow a second family, as defined in the zoning code, to occupy the property. Depending on the zone district, an ADU may be integrated into the primary home or may be detached. In single-family zones, an ADU may only be integrated within the primary structure, will require approval of a Conditional Use from the City Planning Commission, and would require the property owner to occupy either the ADU or the principal unit for at least 185 days of the year. In two-family and multi-family zones, this ordinance reduces restrictions and adds flexibility.

Accessory Dwelling Unit Overlay

Ordinance (Accessory Dwelling Unit Overlay)

The purpose of the accessory dwelling unit overlay zone is to provide flexible housing options in a neighborhood while ensuring the overall character of the development is consistent with the base zone. The ADU overlay may only be used in conjunction with the zoning of new development containing residential land uses.

Requirements

Summary

	Accessory Family Suite	Integrated ADU	Detached ADU
Zone Districts	Permitted by right in all zone districts where a detached single-family home is an allowed use including PUD (Planned Unit Development)	Single-Family Zones (R, R-1 9000, R-1 6000): Requires public notification and approval of a Conditional Use by the City Planning Commission. Two-Family & Multi-Family (R-2, R-4, R-5, SU, TND, C-5, OR, OC): Considered a duplex	Single-Family Zones (R, R-1 9000, R-1 6000): Not permitted. Two-Family & Multi-Family (R-2, R-4, R-5, SU, TND, C-5, OR, OC): Permitted with requirements
Building Configuration	Must be integrated into the primary residence or home addition	Must be integrated into the primary residence or a home addition	Free standing buildings that are separate and secondary from the primary residence
Number of Occupants	One family: A notarized and recorded affidavit will be required	Two families	Two families
Owner Occupancy	No required	Required within single-family zone districts (R, R-1 9000, R-1 6000), and requires a notarized and recorded covenant	Not required
Subdivision	Prohibited and will require a notarized and recorded covenant.	Single-Family Zones (R, R-1 9000, R-1 6000): Prohibited and will require a notarized and recorded covenant acknowledging the restriction. Two-Family & Multi-Family (R-2, R-4, R-5, SU, TND, C-5, OR, OC): Permitted given that all other applicable codes are met	Permitted given that all other applicable codes are met
Documents Required with Building Permit	Affidavit acknowledging occupancy limitation & Covenant prohibiting subdivision and separate sale of AFS	Covenant requiring property owner occupancy & Covenant prohibiting subdivision and separate sale	No additional document requirements beyond what is required for the building permit
Minimum Lot Size	Same size required for a single family home in the zone district	Same size required for a single family home in the zone district	Same size required for a single family home in the zone district
Height of AFS/ADU	Maximum height of building addition is the same as the maximum height allowed for the primary structure	Maximum height of building addition is the same as the maximum height allowed for the primary structure	28-feet if roof pitch of detached structure is 6:12 or steeper. 25-feet if roof pitch of accessory structure is less than 6:12.
Architectural Requirements	Must be an architecturally integrated within (or attached as a building addition), and compatible in appearance with the primary structure. Must contain an internal connection between the AFS and the primary structure.	Must be an architecturally integrated within (or attached as a building addition), and compatible in appearance with the primary structure.	None
Exterior Access	May have an exterior access point, but not required. Exterior access must be to the side or rear of the primary home. Exterior staircases to a second floor must have a deck. An exterior access must be a 36-inch wide clear access path from the front property line	May have an exterior access point, but not required. Exterior access must be to the side or rear of the primary home. Exterior staircases to a second floor must have a deck. An exterior access must be a 36-inch wide clear access path from the front property line	No minimum requirements beyond building and safety codes
Parking	One off-street parking space for each unit. May be located within a garage or driveway	One off-street parking space for each unit. May be located within a garage or driveway	One off-street parking space for each unit. May be located within a garage or driveway

Frequently Asked Questions

How do I find my home's zoning district?

To find the zone of a particular piece of property, you may visit the SpringsView aerial mapping application. Through this application, you can search by property address or Tax Schedule Number to zoom into the property and find the zone district. Definitions for the zoning codes are below as follows:

A = Agricultural
R = Estate single-family residential
R1-9 = Single-family residential
R1-6 = Single-family residential
R2 = Two-family residential
R4 = Multi-family residential
R5 = Multi-family residential
SU = Special use
PUD = Planned Unit Development
OR = Office residential
OC = Office complex
PBC = Planned business center
C5 = Intermediate business
C6 = General business
PIP1 = Planned industrial park
PIP2 = Planned industrial park
M1 = Light industrial
M2 = Heavy industrial

What is the definition of a “family”?

The Colorado Spring City Code established a definition of “family” in 1973. This definition lives within Chapter 7 of the City Code which is also known as the Zoning Code. The definition reads:

FAMILY: As used in this Zoning Code, an individual, two (2) or more persons related by blood, marriage, adoption, or similar legal relationship, or a group of not more than five (5) persons who need not be so related, plus domestic staff employed for services on the premises, living together as a single housekeeping unit in one dwelling unit. The definition of "family" shall apply regardless of whether any member of such group receives outside services for mental, emotional, or physical disability.

When the term “family” is used, it is referring to groups of individuals meeting the above definition.

Does the new ordinance override my HOA?

AFS/ADU codes do not override Community Covenants. HOAs may opt to prohibit them through their covenants. Please check with your HOA for more information.

Can I post my ADU on a house-sharing site such as AirBNB or VRBO?

Yes, short-term rentals are allowed in single-family zoned areas and have additional permitting requirements.

In single-family zones, homeowners can use either the house or the accessory family suite or the accessory dwelling unit for short term rental purposes, however, the owner-occupancy requirement still applies.

Please see the short term rental webpage for information on permitting requirements.

Can I split my ADU into its own lot and sell it?

In the A, R, R-1 9000 and R-1 6000 zone districts, an accessory family suite or an accessory dwelling unit shall not be sold separately from the principal dwelling unit, nor shall the lot on which an accessory family suite or an accessory dwelling unit is situated be subdivided unless subdivision is permissible in accordance with all provisions of Article 3 and Article 7 of the zoning code. In two-family and multi-family zones, a detached ADU may be subdivided from the principal structure if all provisions in Article 3 and Article 7 of the zoning code are met.

Can I use a tiny home, pre-fabricated, or manufactured home as a detached accessory dwelling unit?

Yes. However, there are differences between these types of construction requiring different types of permit reviews and inspections. Please contact the Pikes Peak Regional Building Department to discuss permitting requirements. Tiny homes must be attached to a foundation and connected to utilities. A tiny home which is on a trailer cannot be used as a dwelling unit, even if the trailer is skirted.

Can I use a recreational vehicle as an ADU?

No. City Code does not permit recreational vehicles to be used as permanent residences outside of a designated campground or mobile home park.

Do I need to tell the City if I'm renting a room to a family member?

Property owners who rent or provide living accommodations that do not meet the definition of an accessory family suite or an accessory dwelling unit (separate and independent sleeping room, sanitary facilities, and kitchen) to family members do not need to notify the City. However, if the living space being used provides the aforementioned facilities, please contact the City Planning Department to see if any forms will be required.

Please be mindful of the definition of a family if a space within your home is being leased, or provided at no charge, to an individual who is not related by blood or marriage.

Am I required to install separate utilities for an ADU?

A detached ADU may connect to utilities independently or tie into the primary home's utilities. Please contact Colorado Springs Utilities with specific questions.