Boone County, IN Accessory Structures: ADU Owner Occupancy (2026)
Key Facts
- Ownership rule
- ADU and primary home must share one owner
- Occupancy rule
- Owner must occupy primary or accessory unit
- Subdivision
- ADU may not be parceled off separately
- Compliance tool
- Deed restriction recorded in perpetuity
- Alternative
- Recorded use affidavit if not used as ADU
Summary
Boone County Code Section 157.063(C) requires an accessory dwelling unit to stay under the same ownership as the primary home. It can never be sold off as a separate parcel, and either the main house or the accessory unit, but not both left vacant of the owner, must actually be occupied by the parcel's owner.
(A) Purpose. It is the purpose of this section to regulate an accessory residential structure on a parcel where a primary residential structure exists in order to provide housing options for family members, students, aging residents, in-home health care providers, the disabled, and others; promote a variety of housing opportunities in the community; and allow homeowners to benefit from added income and an increased sense of security. ... Accessory dwelling shall be under the same ownership as the primary dwelling. Accessory dwelling may not be parceled of Ownership and occupancy separately from the primary dwelling. The primary dwelling or the accessory dwelling must be occupied by the owner of the parcel.
Full Breakdown
Section 157.063 lets a Boone County property owner add an accessory residential structure to a parcel with an existing primary home, to house family members, students, aging relatives, in-home caregivers or others, and to give owners extra income. The ownership and occupancy standard in the Section 157.063(C) development-standards table ties that flexibility to a strict condition: the accessory dwelling must be under the same ownership as the primary dwelling, it may not be parceled off separately, and the owner of the parcel must actually occupy either the primary or the accessory unit.
That sits alongside the table's other limits, capping the unit at one per parcel, 400 square feet minimum, and requiring it to comply with all applicable building code requirements for a single-family dwelling. Section 157.063(B) also requires anyone with a qualifying accessory structure, one with a bathroom, kitchen or living area, to either meet these standards or file a recorded 'use affidavit' with the Administrator stating it will not be used as an accessory dwelling. A special exception and a separate building permit, plus deed restrictions recorded to keep the standards in effect in perpetuity, are required under Section 157.063(D).
Violations & Fines
Selling or otherwise splitting off an accessory dwelling from the primary parcel, or leasing out both the primary home and the accessory unit with no owner in residence, breaches the recorded deed restriction required by Section 157.063(D)(3) and is enforceable as a zoning violation under Section 157.165(C), carrying civil penalties of up to $500 per day.
Frequently Asked Questions
Can I sell my Boone County accessory dwelling unit separately from the main house?
Do I have to live in the house if I build an accessory dwelling unit?
How is the ownership requirement enforced over time?
Sources & Official References
Other rules in Boone County
Compare Boone County to another location·View the Indiana accessory structures overview
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