Cincinnati, OH Accessory Structures: ADU Owner Occupancy (2026)

Section 1421-06(l), added by Ord. No. 266-2023 effective October 2, 2023, ties every Cincinnati ADU to an occupancy condition. The lot owner must maintain a residence in either the principal single-family dwelling or the accessory dwelling unit for as long as the ADU exists, or designate a 'responsible person' who does so instead (l)(1). To keep that promise enforceable, the owner must record a covenant, in a form the City Solicitor accepts, irrevocable without the Zoning Administrator's written consent, stating the owner or responsible person will maintain a residence on the property for as long as the ADU exists (l)(2)(i).

The code defines 'Residence' narrowly: the individual's true, fixed, permanent home, to which they intend to return whenever absent, and only one such residence may exist per person within Cincinnati city limits at any time (l)(4)(i). A 'Responsible Person' is a natural person the owner designates with independent duty, financial responsibility, and authority to operate, maintain, and manage the lot and its dwelling units (l)(4)(ii). Failure to maintain compliance with the residency requirement is a standalone civil offense, a Class F civil offense under (l)(3), separate from any general Zoning Code enforcement action.