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Kansas City, MO Accessory Structures: ADU Owner Occupancy (2026)

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

Key Facts

Owner-occupancy
required in principal or ADU
Deed restriction
recorded before certificate of occupancy
Enforced by
Director of City Planning and Development
Applies to
detached dwelling lots citywide

Summary

Kansas City requires the property owner to live in either the main house or the accessory dwelling unit, backed by a recorded deed restriction before occupancy is allowed.

The owner of the lot shall reside in either the principal dwelling or accessory dwelling. The owner shall record against the property a deed restriction limiting occupancy of either the principal dwelling unit or the accessory dwelling unit to the owner of the property. Proof that such a restriction has been recorded shall be provided to the Director of City Planning and Development prior to issuance of the Certificate of Occupancy for the accessory dwelling unit.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 139 | Zoning and Development Code: Supplement 38).

Full Breakdown

Kansas City's zoning code permits accessory dwelling units on any lot with a detached principal dwelling, but ties that permission to owner-occupancy. Under section 88-305-15-C.2, the lot owner must live in either the principal dwelling or the accessory dwelling unit, not rent out both. Before the city issues a certificate of occupancy for the ADU, the owner must record a deed restriction against the property limiting occupancy of one of the two units to the owner, and provide proof of that recording to the Director of City Planning and Development.

Violations & Fines

Building without a recorded owner-occupancy deed restriction means the Director of City Planning and Development will not issue the ADU's certificate of occupancy, so the unit cannot be legally occupied.

Frequently Asked Questions

Can I rent out both the main house and the ADU in Kansas City?
No. City code requires the lot owner to occupy either the principal dwelling or the accessory dwelling unit, and a recorded deed restriction must confirm this before the ADU gets its certificate of occupancy.
What happens if the owner stops living in either unit?
The section doesn't set a penalty directly, but occupancy of either unit outside the owner is a violation of the recorded deed restriction, which the city can enforce like any other zoning violation.

Sources & Official References

Other rules in Kansas City

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All Kansas City rules

Compare Kansas City to another location·View the Missouri accessory structures overview

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ADU Owner Occupancy in Nearby Cities

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