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Evansville, IN Accessory Structures: ADU Owner Occupancy (2026)

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

Key Facts

Governing section
EMC § 18.130.072(B)(6)
Occupancy rule
Owner must occupy principal home or ADU
Proof required
Recorded deed/title restriction, county Recorder
Enforcement
Permit revocation, ADU removal for violation
Administered by
Evansville-Vanderburgh Area Plan Commission

Summary

Evansville requires the owner of a lot with an accessory dwelling unit to live in either the principal home or the ADU, backed by a recorded deed restriction.

The owner of the property shall live in either the principal structure or the ADU, and shall sign an affidavit to be filed with the ADU application committing to comply with the requirements of this section; and shall record a deed or title restriction in the Vanderburgh County Recorder's office stating that: "Either the principal residence or the ADU shall be occupied by the property owner(s) of record as their primary residence."

View official code

Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance G-2026-12, passed June 22, 2026).

Full Breakdown

Evansville Municipal Code § 18.130.072(B)(6) requires that the property owner live in either the principal structure or the ADU itself, sign an affidavit filed with the ADU application, and record a deed or title restriction with the Vanderburgh County Recorder stating that either the principal residence or the ADU shall be occupied by the property owner(s) of record as their primary residence. The Evansville-Vanderburgh Area Plan Commission administers ADU permits under this Title 18 section.

Violations & Fines

Violating the owner-occupancy deed restriction leads the City to revoke the ADU's improvement location permit and require removal of the ADU, including its kitchen and related facilities.

Frequently Asked Questions

Can I rent out my Evansville ADU and my main house separately without living in either?
No. City code requires the owner to occupy either the principal residence or the ADU as a primary residence, secured by a recorded deed restriction filed with the Vanderburgh County Recorder.
What happens if an Evansville ADU owner stops living on the property?
The City can revoke the ADU's improvement location permit and require the ADU removed, including its kitchen, until the property complies with EMC 18.130.072.

Sources & Official References

Other rules in Evansville

Fence Regulations: Height LimitsSome RestrictionsADU RulesSome RestrictionsShed & Carport RulesSome RestrictionsParking Rules: RV & Boat ParkingSome RestrictionsNoise Ordinances: Aircraft NoiseSignificant RestrictionsParking Rules: Towing & Impound RightsSignificant RestrictionsParking Rules: EV ChargingFew RestrictionsFence Regulations: Fence Permit RequirementsSome Restrictions

All Evansville rules

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