Tippecanoe County, IN Accessory Structures: ADU Owner Occupancy (2026)
Key Facts
- Governing section
- UZO § 4-12(g), (m)
- Owner-occupancy required
- Yes, principal home or ADU
- Enforcement mechanism
- Recorded deed restriction
- Approving official
- Administrative Officer
- Applies in
- Rural zones, unincorporated county only
Summary
An accessory dwelling unit in unincorporated Tippecanoe County requires the property owner to actually live on site, in either the main house or the ADU, and to keep that address as their primary residence, backed by a recorded deed restriction.
(g) The owner of the property shall live on the premises, either in the principal dwelling unit or the accessory dwelling unit and maintain that address as their primary place of residence. ... (m) As a condition of approval, the owner shall prepare a deed restriction to be reviewed and approved by the Administrative Officer (A.O.) Following approval by the A.O., the applicant shall record the deed restriction with the County Recorder and confirm that the property is eligible for a Homestead tax exemption.
Official source re-checked September 8, 2026: the cited page had not changed since it was quoted.
Full Breakdown
Section 4-12(g) of the county's Unified Zoning Ordinance requires that the owner of a property with an accessory dwelling unit live on the premises, either in the principal dwelling unit or the ADU, and maintain that address as their primary place of residence. This closes off the option of building an ADU purely as an investment or rental property while the owner lives elsewhere. The requirement is enforced through subsection (m): as a condition of approval, the owner must prepare a deed restriction, which the Administrative Officer reviews and approves before the applicant records it with the County Recorder.
That recorded restriction also has to confirm the property remains eligible for a Homestead tax exemption, tying the ADU approval to the owner's homestead status on the parcel. Because the deed restriction runs with the land, a subsequent buyer of a property with an existing ADU inherits the same owner-occupancy obligation, not just the seller. The rule sits alongside the rest of § 4-12's ADU standards, which limit the county to one ADU per lot, cap living area at 50% of the principal dwelling's ground floor (or 400 square feet, whichever is greater under the section's formula), and restrict ADUs to rural zones of the unincorporated county administered by the Area Plan Commission.
Violations & Fines
A property owner who builds or maintains an ADU without occupying either dwelling as a primary residence is out of compliance with § 4-12(g), and because the obligation is secured by a recorded deed restriction under § 4-12(m), the county can enforce it as a title-based restriction rather than only through zoning code enforcement, potentially jeopardizing the unit's legal ADU status and the parcel's Homestead exemption.
Frequently Asked Questions
Do I have to live on the property to have an ADU in Tippecanoe County?
How does the county enforce ADU owner-occupancy?
Does the owner-occupancy requirement transfer if I sell the property?
Sources & Official References
Other rules in Tippecanoe County
Compare Tippecanoe County to another location·View the Indiana accessory structures overview
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