Fort Wayne requires the property owner to occupy either the principal dwelling or the ADU as their primary residence when the other unit is rented. This owner-occupancy condition is enforced through the DPS Administrative ADU Permit and is consistent with Chapter 157 standards limiting ADUs to genuine accessory use. Indiana has no statewide ADU statute, so the local rule controls; HOA covenants may impose stricter limits independently.
Fort Wayne's ADU regulations under Chapter 157 of the Zoning Ordinance impose an owner-occupancy condition: when an ADU is occupied by someone other than the property owner, the owner must reside in either the principal dwelling or the ADU as their primary residence. This policy is intended to keep ADU properties owner-managed rather than fully investor-owned, and to maintain neighborhood scale and accountability. The condition is verified at DPS Administrative ADU Permit issuance and may be enforced through periodic certification, Property Record Card review, or homestead-exemption status (Indiana homestead deduction filings are public). Indiana has no statewide preemption analogous to California Government Code Section 65852.2 - the state defers to local choice under Dillon Rule principles and IC 36-7-4 (the Indiana planning and zoning enabling act). Both the principal dwelling and the ADU must continue to meet the Allen County minimum housing code under Code Ch. 152 (Housing and Building Standards) and the Indiana Residential Code. HOA covenants in deed-restricted Fort Wayne subdivisions (Coves of Buckingham, Twin Eagles, Pine Valley, etc.) may impose stricter owner-occupancy or outright ADU prohibitions and operate independently as private contract law. Loss of owner-occupancy status can lead to revocation of the ADU permit or use as a single-family non-conforming use.
Loss of owner-occupancy may result in revocation of the DPS Administrative ADU Permit and a notice to cease the second-unit rental. Continued violation is enforced through DPS and Code Enforcement with daily civil penalties under Ch. 152. False statements on the permit application are separately actionable.
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See how Fort Wayne's adu owner occupancy rules stack up against other locations.
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