Kirkwood, MO Accessory Structures: ADU Owner Occupancy (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?
Does the owner-occupancy rule apply only when both units are occupied?
What happens if I violate the ADU owner-occupancy rule?
Sources & Official References
Other rules in Kirkwood
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