Independence, MO Accessory Structures: ADU Owner Occupancy (2026)
Key Facts
- Scope
- West Central Overlay District only
- Absence allowance
- 6 months/year combined
- Simultaneous rental
- Not allowed
- Exception path
- Nonprofits via CD Director
Summary
Within Independence's West Central Overlay District, the lot owner must live in either the main house or the ADU, never rent out both at once, with a six-month annual absence allowance.
14-912-04-M.Owner Occupancy. The legal property owner of the lot shall be required to reside in either the primary residence or an accessory dwelling unit located on the lot, except for temporary absences not to exceed a combined total of six months in a calendar year. ADU and single-family residences cannot be rented at the same time. Exceptions to this requirement may be submitted by non-profit entities to the Community Development Director. The Community Development Director may approve the exception if reasonable documentation is submitted.14-912-04-N.Building Code. All ADUs shall comply with the currently adopted International Residential Code appendix related to "Tiny Houses."14-912-04-O.Notice to Neighboring Property Owners. All contiguous property owners shall receive 15 days notice of the plan to build an ADU. If more than 50 percent of contiguous property owners file a letter of protest with the City during the 15 day timeframe, the proposed ADU shall be treated under Section 14-912-02-D Special Uses. (Ord. No. 19618, § 1, 10-21-2024)
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 13).
Full Breakdown
Under UDO § 14-912-04-M, the legal property owner of a West Central Independence Overlay District (WCIOD) lot must reside in either the primary residence or the accessory dwelling unit, with temporary absences capped at a combined six months per calendar year. The two units cannot both be rented simultaneously. Nonprofit entities may petition the Community Development Director for an exception with supporting documentation. This owner-occupancy standard applies only within the WCIOD boundaries, not citywide.
Violations & Fines
Renting the ADU while the owner is absent longer than six months, or renting both units at once, is a zoning violation; it also pulls the property into the Rental Ready Program (City Code Ch. 4) and can prompt Community Development code enforcement.
Frequently Asked Questions
Can I rent out my ADU if I move away from Independence?
Does this owner-occupancy rule apply everywhere in Independence?
Sources & Official References
Other rules in Independence
Compare Independence to another location·View the Missouri accessory structures overview
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ADU Owner Occupancy in Nearby Cities
How other cities in Jackson County handle adu owner occupancy.