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Blaine, MN Accessory Structures: ADU Owner Occupancy (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Owner-occupancy
Home or ADU must be owner-occupied
How enforced
Requirement recorded against the property
Both units rented
Not permitted under Sec. 129-23(a)(9)
Related rule
Utilities shared, not separately metered
Citation
Blaine City Code § 129-23(a)(9)

Summary

In the City of Blaine, either the main house or the accessory dwelling unit must be occupied by the property owner, and that owner-occupancy requirement is recorded against the property under Sec. 129-23(a)(9), so a landlord cannot rent out both units to non-owner tenants.

(a)Generally. ... Attached accessory dwelling units (ADUs) are allowed as permitted use in the R-1, R-1A, R-1AA, R-1B, RE, FR and DF districts when accessory to a single family home with an administrative permit and must comply with the following standards: ... (9)Either the home or the accessory dwelling unit shall be occupied by the owner of the property. Owner occupancy requirement shall be recorded to the property.

Full Breakdown

Blaine's ADU ordinance ties the accessory dwelling unit benefit directly to owner-occupancy. Sec. 129-23(a)(9) requires that either the primary home or the accessory dwelling unit be occupied by the property's owner, and that requirement is recorded against the property so it carries forward even if the home changes hands. In practice, that means a homeowner can live in the main house and rent the ADU to a tenant, or move into the ADU and rent the main house, but cannot rent both units to people who are not the owner.

The rule works alongside the rest of Sec. 129-23(a): utilities for the home and ADU cannot be separately metered and must share the same water and sewer connections, the two units must stay on a single parcel that cannot be subdivided by plat, waiver of platting, or a common interest community, and only one ADU is allowed per property. Because the home and the ADU are treated as two dwellings once a non-owner occupies either one, the owner-occupancy recording works together with the city's rental licensing rule in the same subsection to determine when a rental license kicks in.

The administrative permit that authorizes the ADU depends on this recorded condition remaining true, so a change in occupancy that puts a non-owner in both units removes the property from compliance with the permitted-use standard.

Violations & Fines

A property where neither unit is owner-occupied, in violation of the recorded requirement under Sec. 129-23(a)(9), is out of compliance with the ADU permitted-use standard and is enforced under the Code's general penalty in Sec. 1-7: a fine of up to $1,000.00, up to 90 days imprisonment, or both, with each day of continued noncompliance treated as a separate offense.

Frequently Asked Questions

Can I rent out both my house and my ADU in Blaine?
No. Sec. 129-23(a)(9) requires that either the primary home or the accessory dwelling unit be occupied by the property's owner, and that owner-occupancy requirement is recorded against the property. Renting both units to non-owner tenants at the same time is not permitted under the ADU standards.
Is Blaine's ADU owner-occupancy rule permanent once recorded?
The requirement is recorded against the property under Sec. 129-23(a)(9), meaning it runs with the land rather than the individual owner, so a new buyer inherits the same obligation to occupy either the home or the ADU personally.
What if I move into my Blaine ADU and rent out my house instead?
That satisfies Sec. 129-23(a)(9) because the requirement only demands that the owner occupy one of the two units, either the primary home or the accessory dwelling unit, not specifically the main house.

Sources & Official References

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