What's an ADU? First, it stands for accessory dwelling unit, which falls into two categories in Colorado Springs—integrated and detached. Detached units are not permitted in R-1 single-family zones. I will provide applicable City Code and links below, as well as data sheets the City compiled, outlining the differences.
An AFS is an accessory family suite that one might imagine as an addition within a existing primary structure—a home, and it is the least intrusive. When you read "within a principal single-family detached unit," it refers to the AFS being within the primary house on the lot.
City Code ordinance changes approved by City Council July 6, 2020, essentially allowed an AFS addition or integrated ADU to have a full kitchen with 220V electricity to accommodate a range, which previously was not allowed for an addition "within" the primary structure. Additional firewall protection is therefore required.
In Skyway Park and Skyway Park Estates, we have R-1 single-family-zoned lots (I don't believe we have any R-2 lots, which would permit duplexes), so only AFSs and integrated ADUs would be permitted. In the 800 block of Skyway Blvd., however, are R-5 multifamily residential condominiums.
COLORADO SPRINGS CITY CODE
7.2.302: DEFINITIONS OF USE TYPES
2. ACCESSORY DWELLING UNIT: A dwelling unit that is subordinate to the principal dwelling unit, that is located upon the same lot as the principal dwelling unit, and that remains under the same ownership as the principal dwelling unit. There are two (2) types of accessory dwelling units:
a. Integrated: An accessory dwelling unit that is located inside of, or attached by a shared common wall.
b. Detached: An accessory dwelling unit located within an accessory structure. A detached accessory dwelling unit follows accessory structure standards unless alternate standards are provided for in Section 7.3.105(M) of this Code.
3. ACCESSORY FAMILY SUITE: An accessory family suite may be made up of a room or group of rooms forming a single habitable area with facilities for one or more persons with provisions for living, sleeping, cooking, and sanitation, and is located within a principal single-family detached unit. An accessory family suite shall not be considered a separate dwelling unit for purposes of the Zoning Code provided all the requirements are met and the accessory family suite is in continual compliance.
7.3.105: ADDITIONAL STANDARDS FOR SPECIFIC USES ALLOWED IN RESIDENTIAL ZONES
1. Accessory family suites are permitted only within a single-family detached dwelling, and are not permitted in any other structure, including but not limited to, single-family attached dwellings, two-family dwellings, multi-family dwellings, or commercial buildings.
2. An accessory family suite cannot be located on the same lot where an accessory dwelling unit exists.
3. The total number of individuals collectively occupying both the principal dwelling unit and the accessory family suite can be no more than one family as defined in this code.
a. Affidavit Required: The owner shall complete and record an affidavit assuring the property owner's acknowledgement of the occupancy limitations as listed above.
b. No zoning enforcement action pursuant to section 7.5.1001, et seq., of this Code, may be brought against a tenant by the City for a failure of the owner to meet the one family requirement.
4. Off-Street Parking: A minimum of one (1) off-street parking space in addition to the minimum parking required for the principal structure shall be required.
5. Exterior Access: An accessory family suite may have a separate exterior access. Any separate exterior access shall be restricted to the side or rear of the principal structure. All accessory family suites with an exterior access shall have a thirty-six (36) inch wide clear access path from the front property line or from the property line where the principal dwelling unit gains its access. The clear access path may be gated and may share a clear access path with the principal dwelling unit.
6. Internal Connectivity: An accessory family suite must maintain interior access to the principal dwelling unit through either a common doorway or stairway. Interior accesses may be locked if an exterior access exists.
7. Maximum floor area: Floor area shall not exceed fifty (50%) of floor area of the principal structure.
8. Maximum height: Maximum height of the principal structure as determined by the zone district.
9. Setbacks: Minimum setbacks of the principal structure as determined by the zone district.
10. Design: Accessory family suites shall not involve design modifications to the exterior of the principal structure that indicates their presence from the front of the principal structure. Building additions shall be architecturally compatible with the principal structure. External stairs are not allowed to provide access to a second-story accessory family suite unless it is from a second-story deck.
11. Restriction on Subdivision: The accessory family suite shall not be sold separately from the principal dwelling unit, nor shall the lot on which an accessory family suite is situated be subdivided unless subdivision is permissible in accordance with all provisions of Article 3 and Article 7 of this chapter.
a. Before a building permit may be issued for an accessory family suite, the owner shall record with the El Paso County Clerk and Recorder a declaration of restrictions in a form prescribed by the Manager.
b. The declaration of restrictions shall prohibit the owner and the owner's heirs or assigns from selling the accessory family suite separately from the principal dwelling unit. Such restriction shall be binding upon and run with the land.
c. The declaration of restrictions shall lapse upon removal of the accessory family suite. Upon request of the owner and confirmation by the City that the accessory family suite has been removed, the Mayor shall execute a recordable release of the declaration of restrictions and provide the release to the owner. The owner shall be responsible for recording the release and paying all costs of recordation.
12. Accessory family suites shall be permitted in PUD zones unless expressly prohibited by the PUD zone ordinance. Accessory family suites shall not be included as separate from the single-family detached dwelling when calculating the density of a PUD zone.
13. Covenant Compliance: The provisions of this subsection do not supersede private covenants. (Ord. 94-107; Ord. 01-42; Ord. 02-98; Ord. 02-125; Ord. 02-153; Ord. 03-74; Ord. 03-127; Ord. 03-157; Ord. 06-161; Ord. 09-70; Ord. 09-80; Ord. 10-42; Ord. 10-107; Ord. 11-19; Ord. 12-76; Ord. 14-8; Ord. 16-52; Ord. 18-4; Ord. 18-112; Ord. 20-37; Ord. 20-38)
M. Accessory Dwelling Units: Accessory dwelling units are permitted, or conditionally permitted, as an accessory use to a principal dwelling subject to the following requirements.
1. Detached and Integrated Standards: The following standards apply to the establishment of both a detached and/or integrated accessory dwelling unit:
a. Owner-occupancy Requirement:
(1) In the R, R-1 9000, and R-1 6000 zones, except as otherwise provided in this section, for an accessory dwelling unit to be occupied, either the principal dwelling unit or the accessory dwelling unit must be occupied by the owner as defined.
(2) Declaration of Restriction:
(A) Before a building permit may be issued for an accessory dwelling unit, the owner shall record with the El Paso County Clerk and Recorder a declaration of restrictions in a form prescribed by the Manager.
(B) The declaration of restrictions shall require the property owner to reside on the property in accordance with the definition of "owner occupied" in order to lease one of the two units.
(C) The declaration of restrictions shall lapse upon removal of the accessory dwelling unit. Upon request of the owner and confirmation by the City that the accessory dwelling unit has been removed, the Mayor shall execute a recordable release of the declaration of restrictions and provide the release to the owner. The owner shall be responsible for recording the release and paying all costs of recordation.
(3) No zoning enforcement action pursuant to section 7.5.1001, et seq., of this Code, may be brought against a tenant by the City for a failure of the owner to meet the owner-occupancy requirement.
(4) In the A (Agriculture) zone district, the owner shall not be required to occupy either the principal structure or the accessory dwelling unit.
b. Waiver of Owner-occupancy Requirement: The Manager may waive the owner-occupancy requirement for temporary absences of up to two (2) years, upon a determination that failure to waive the requirement would create an unreasonable hardship. The Manager may grant an additional one (1) year extension to the original waiver upon the expiration of the original waiver.
(1) The Manager may determine failure to waive the occupancy requirement is an unreasonable hardship if:
(A) Enforcement of the requirements would create a temporary economic hardship that could be resolvable within two (2) years;
(B) The property is listed and actively marketed for sale; or
(C) The occupancy requirement is unreasonable due to temporary relocation by the owner for employment (including temporary relocation for military service members) or medical treatment, death of the owner, divorce or legal separation of the owner and a non-owner spouse or similar circumstances.
c. Restriction on Subdivision: In the R, R-1 9000, R-1 6000, PBC, C-6, and M-1 zone districts, the accessory dwelling unit shall not be sold separately from the principal dwelling unit, nor shall the lot on which an accessory dwelling unit is situated be subdivided unless subdivision is permissible in accordance with all provisions of Article 3 and Article 7 of this chapter.
(1) Before a building permit may be issued for an accessory dwelling unit, the owner shall record with the El Paso County Clerk and Recorder a declaration of restrictions in a form prescribed by the Manager.
(2) The declaration of restrictions shall prohibit the owner and the owner's heirs or assigns from selling the accessory dwelling unit separately from the principal dwelling unit. Such restriction shall be binding upon and run with the land.
(3) The declaration of restrictions shall lapse upon removal of the accessory dwelling unit. Upon request of the owner and confirmation by the City that the accessory dwelling unit has been removed, the Mayor shall execute a recordable release of the declaration of restrictions and provide the release to the owner. The owner shall be responsible for recording the release and paying all costs of recordation.
d. Off-Street Parking: A minimum of one (1) off-street parking space in addition to the minimum parking required for the principal structure shall be required.
e. Access: All accessory dwelling units shall have a thirty-six (36) inch wide clear access path from the front property line or from the property line where the principal dwelling unit gains its access. The clear access path may be gated. An accessory dwelling unit may share a clear access path with the principal dwelling unit.
f. Prohibited Units: Mobile homes, travel trailers and recreational vehicles shall be prohibited for use as an accessory dwelling unit.
g. No more than one (1) accessory dwelling unit shall be located on any lot.
3. Accessory Dwelling Unit - Integrated: The following standards apply to the establishment of an integrated accessory dwelling unit:
a. Permitted only within single-family dwelling detached, and are not permitted in any other structure, including but not limited to, single-family attached dwellings, two-family dwellings, multi-family dwellings, or commercial buildings.
b. Maximum floor area of integrated unit: In all zone districts where an integrated unit is allowed: floor area shall not exceed fifty (50%) of floor area of the principal structure.
c. Maximum height: Maximum height of the principal structure as determined by the zone district.
d. Design: In the R, R-1 6000, and R-1 9000 zone districts, integrated accessory dwelling units shall not involve design modifications to the exterior of the principal structure that indicates their presence from the front of the principal structure. Building additions shall be architecturally compatible with the primary dwelling unit. External stairs are not allowed to provide access to a second-story accessory dwelling unit unless it is from a second-story deck.
e. Setbacks: Minimum setbacks of the principal structure as determined by the zone district.
f. Exterior Access: An integrated unit may have a separate exterior access. Any separate exterior access shall be restricted to the side or rear of the principal structure.
4. In any case where a provision of this subsection is found to be in conflict with any other provision of this code, or any adopted secondary code, the provision which establishes the higher or more restrictive standard shall apply.
5. Covenant Compliance: The provisions of this subsection do not supersede private covenants regarding accessory dwelling units.
2. Accessory Dwelling Unit - Detached: [I WILL OMIT VERBIAGE ABOUT DETACHED UNITS, BECAUSE THEY ARE NOT PERMITTED IN R-1 ZONES.]
7.2.201 DEFINITIONS ENUMERATED
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.
CONDITIONAL USE: A land use which is an allowed use in a zone district but has operating and/or physical characteristics which require careful consideration and public review of the impact upon the neighborhood and the public facilities surrounding the proposed location. Conditional uses are subject to special requirements and the approval of the Planning Commission.
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