Accessory dwelling unit enforcement - Denver

[Ben Dunn]

I am looking to buy a property with an accessory dwelling unit but was informed by the zoning department that either the primary house or accessory unit would need to be occupied by the owner. This situation would be documented with an affidavit. Does anyone know anything about the enforcement in this situation? What would be the fines?

[Kevin Dickson]

Just a few things I've learned from years of studying and building ADUs in Denver:

1. ADUs were completely outlawed in Denver with the new zoning code implemented in 1956.  Carriage houses built before then are grandfathered.  

2.  ADUs were legalized in just a few neighborhoods in 2010, also with the occupancy requirement.

3.  VERY few existing garages can be converted to code compliant ADUs, usually because the average garage foundation is insufficient even for a single story dwelling unit.

4.  Portland jettisoned the occupancy requirement after just a few years because a study showed that too few ADUs were being built because of it.  It is a deed restriction that effectively usurps your right to sell the homes to an investor.

5.  Bill S. is correct, the City relies totally on neighbor complaints to find violators.  In the City and County of Denver, the fines top out at $52,000 per year if you totally ignore the citations.  On most violations, they will give you 2-6 months to comply if you seek a variance.