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Kirkwood, MO Accessory Structures: ADU Owner Occupancy (2026)

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

Key Facts

Governing section
§ 25-45(b)(11)
Rule
owner must live in house or ADU
ADUs per lot
one maximum
Min lot size
15,000 square feet
Enforcement
$10-$250/day fine, Director of Public Services

Summary

Kirkwood requires the property owner to actually live on site whenever an accessory dwelling unit is occupied. Under Zoning Code § 25-45(b)(11), the owner of the lot must reside in either the main house or the ADU for as long as both units are lived in, closing off pure rental-investment ADUs.

(11) The owner of the lot shall reside in either the principal dwelling or accessory dwelling unit as long as both dwelling units are occupied as residences.

Full Breakdown

Kirkwood added accessory dwelling units to its Zoning and Subdivision Code as a limited form of gentle density, but it paired the allowance with an owner-occupancy condition rather than opening ADUs to pure rental investment. Section 25-45(b)(11) states that the owner of the lot shall reside in either the principal dwelling or accessory dwelling unit as long as both dwelling units are occupied as residences. The condition is tied to occupancy of both units at once: if only the ADU is rented and the principal house sits vacant, or vice versa, the rule still requires the owner to be living in one of the two.

The requirement sits alongside the rest of § 25-45(b)'s ADU package: only one ADU is permitted per lot (b)(7), the lot must be at least 15,000 square feet (b)(8), the unit is capped at 750 square feet and two bedrooms (b)(9), and an extra off-street parking space is required beyond what § 25-65 already demands for the principal dwelling (b)(10). Kirkwood does not publish a separate ADU registration form in the code; compliance is verified through the standard occupancy permit process administered by the Director of Public Services, and a lot found renting out both units to non-owners without the required residency would be treated as a Code violation rather than a licensing infraction.

Violations & Fines

Renting both the principal dwelling and the ADU to non-owner tenants, in violation of § 25-45(b)(11)'s residency condition, is enforced the same as any other zoning violation under Article XIII. The Director of Public Services can order compliance under § 25-99, and § 25-100(b) sets a fine of $10 to $250 for each day the violation continues, or up to 10 days' imprisonment per day, doubling to $100-$500 per day for a repeat violation. Appeals go to the Board of Adjustment under § 25-25.

Frequently Asked Questions

Can I rent out both my house and my ADU in Kirkwood?
No. Section 25-45(b)(11) requires the lot's owner to reside in either the principal dwelling or the accessory dwelling unit for as long as both are occupied as residences, so renting both to tenants while the owner lives elsewhere violates the zoning code.
Does the owner-occupancy rule apply only when both units are occupied?
Yes, the text ties the requirement to a lot where both dwelling units are occupied as residences. The owner must be living in one of the two units whenever that condition is met, under § 25-45(b)(11) of the Zoning and Subdivision Code.
What happens if I violate the ADU owner-occupancy rule?
The City can enforce it under §§ 25-99 through 25-101 of the Zoning and Subdivision Code, which allows a fine of $10 to $250 per day the violation continues, rising to $100-$500 per day for repeat violations, with appeal rights to the Board of Adjustment.

Sources & Official References

Other rules in Kirkwood

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