Kent, WA Accessory Structures: ADU Owner Occupancy (2026)
Key Facts
- Owner occupancy
- Not required, KCC 15.08.350(B)(9)
- Max ADUs per lot
- Two, any attached/detached mix
- Max ADU size
- 1,000 sq ft gross floor area
- Detached ADU height limit
- 24 feet
- Permit
- Required, reviewed by ECD department
- Covenant release
- Planning director may release old covenants
Summary
Kent does not require an owner-occupancy covenant for accessory dwelling units. KCC 15.08.350(B)(9) states a covenant limiting use of one dwelling unit to an owner occupant is not required, and the planning director may release any previously recorded covenant of that kind at the applicant's expense.
A covenant limiting the use of one of the dwelling units to an owner occupant is not required and previously recorded covenants to that effect may be released by the planning director. The cost of recording any release shall be paid by the applicant. The release of the covenant does not change or alter the established use or the accessory dwelling unit on the property.
Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 4542, passed June 16, 2026).
Full Breakdown
Kent's accessory dwelling unit (ADU) regulations, adopted by Ordinance No. 4464 and amended by Ordinance No. 4517, expressly remove owner-occupancy as a condition of ADU approval. KCC 15.08.350(B)(9) states that a covenant limiting the use of one of the dwelling units to an owner occupant is not required, and any covenant of that kind recorded under an earlier version of the code may be released by the planning director. The applicant pays the cost of recording the release, and releasing the covenant does not change or alter the established use or the accessory dwelling unit on the property.
This sits inside the city's broader ADU framework: KCC 15.08.350(B)(2) allows up to two ADUs per lot in any combination of attached and detached units, subsection (B)(6) caps each unit at 1,000 square feet of gross floor area, and subsection (B)(4) limits a detached ADU to 24 feet in height, with chimneys, antennas, and railings allowed to project four feet higher. Subsection (B)(10) requires a permit application approved by the economic and community development department for every ADU. Subsection (B)(11) confirms an ADU and the principal dwelling may be placed under separate ownership, though Kent does not itself regulate condominium creation, that falls under the state Uniform Common Interest Ownership Act, Chapter 64.90 RCW. Because owner occupancy is not required, an owner may rent out both the principal residence and the ADU simultaneously to different tenants without violating city zoning code.
Violations & Fines
There is no owner-occupancy violation to enforce because subsection (B)(9) eliminates that requirement entirely; an owner may lease both the principal home and the ADU to unrelated tenants. What the city does enforce is the permit itself: subsection (B)(10) requires an approved ADU permit application before construction, and building or converting a structure into an ADU without one is a code violation the city may pursue under its general Chapter 1.04 KCC code enforcement provisions.
Frequently Asked Questions
Do I have to live in my Kent home to add an ADU?
I have an old owner-occupancy covenant on my property, can it be removed?
How many ADUs can I build in Kent?
Do I still need a permit even though owner occupancy isn't required?
Sources & Official References
Other rules in Kent
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