Vanderburgh County, IN Accessory Structures: ADU Owner Occupancy (2026)
Key Facts
- Owner must occupy
- Principal home or the ADU
- Required filing
- Signed affidavit with ADU application
- Required recording
- Deed/title restriction, County Recorder
- Restriction scope
- Runs with land, binds future owners
- Combined limit
- 5-person 'Family' cap, whole property
- Enforcing agency
- Evansville-Vanderburgh Area Plan Commission
Summary
Vanderburgh County requires the property owner to live in either the principal home or the ADU itself under Section 17.12.072(B)(6). The owner must sign an affidavit filed with the ADU application and record a deed or title restriction with the County Recorder stating that the principal residence or the ADU will be owner-occupied.
6. 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.
Full Breakdown
072(B)(6) is the compliance backbone of the county's ADU standards: rather than simply capping ADU size or count, it ties the whole arrangement to owner-occupancy so the property cannot be turned into two separately rented, absentee-owned units. Two paperwork steps are required before the county will approve an ADU application. 072. ' Recording that restriction against the property means the obligation runs with the land and binds future owners, not just the person who applied for the ADU permit, so a buyer of a property with an existing ADU inherits the same occupancy commitment.
072(B)(7), which applies across the whole property, principal home and ADU combined, to prevent an ADU from functioning as an independent rental unit for an unrelated household group. 072(B)(10).
Violations & Fines
An ADU operated without the owner living in either unit, or without the affidavit and recorded deed restriction on file, is a violation of Section 17.12.072(B)(6) enforceable under the same Title 17 penalty schedule as other zoning violations: the Area Plan Commission can issue a Notice of Ordinance Violation and a civil penalty of up to $500 for a first offense under Section 17.36.150, rising to $7,500 for repeat violations within a year.
Frequently Asked Questions
Do I have to live on the property if I build an ADU in Vanderburgh County?
Does the owner-occupancy requirement stay in place if I sell the house?
Can I rent both the main house and the ADU to separate tenants?
Sources & Official References
Other rules in Vanderburgh County
Compare Vanderburgh County to another location·View the Indiana accessory structures overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.