Durango, CO · La Plata County
ADU Owner-Occupancy Temporary Waiver
This affidavit requests a temporary waiver of the owner-occupancy requirement for an accessory dwelling unit, and is filed by a property owner with the City of Durango.
- licensed online notary
- ~15 min average
- Notarized PDF emailed
What you’ll need
- Government-issued photo ID
- Webcam-enabled device (laptop or phone)
- This form, ready to upload as a PDF
What this form is
Use this form when a City of Durango-acknowledged accessory dwelling unit temporarily does not meet the owner-occupancy requirement. The owner requests a waiver through a specified date and attests to the property details, circumstances supporting the request, and responsibilities related to the ADU. The city requires a signed, notarized copy; its Community Development Director completes the approval section if the waiver is approved.
Who needs it
A property owner with a City of Durango-acknowledged ADU who temporarily cannot meet the owner-occupancy requirement should submit this waiver request.
Why it needs a notary
The form has an acknowledgment stating the signer personally appeared and acknowledged the instrument; each listed property owner signs before the notary.
How to get this notarized
- 1
Download the Waiver
Get the ADU Owner-Occupancy Temporary Waiver from the City of Durango.
- 2
Fill in the Affidavit
Enter the property address, requested waiver end date, and details supporting the request. Leave the signature and notary sections unsigned.
- 3
Book an Online Notary
Arrange an online notarization for each property owner who will sign the affidavit.
- 4
Sign on Video
Meet the notary online, verify your identity, and sign when instructed so the acknowledgment can be completed.
- 5
Submit to the City
Provide the signed, notarized copy to the City of Durango for review and possible approval.
Preview the form
The blank PDF straight from Durango. Look it over, then upload your filled copy to start the notary session.
You’ll need ID and a webcam.
A licensed online notary will join you on video, verify your government-issued ID, witness your signature, and apply their seal. You’ll receive the notarized PDF by email when the session ends.
Frequently asked questions
- How do I request a temporary ADU owner-occupancy waiver?
- Complete the affidavit with the property address, requested waiver end date, and circumstances supporting your request. Sign before a notary, then submit the notarized copy to the City of Durango.
- Do I need to notarize this waiver form?
- Yes. The form says a signed, notarized copy is required for an ADU that is acknowledged by the City of Durango but temporarily does not meet the owner-occupancy requirement.
- Can I use remote online notarization for this affidavit?
- Colorado law authorizes remote online notarization by Colorado notaries under C.R.S. §24-21-514.5, and recognizes acts by other authorized out-of-state officers under C.R.S. §24-21-511. Confirm the city's submission requirements before notarizing.
- What happens if ownership of the property changes?
- The form states that the waiver is non-transferable. New owners must meet the owner-occupancy requirement and submit a signed, notarized Owner-Occupancy Affidavit within 60 days of purchase. Confirm with the city or town if unsure.
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