Lee's Summit, MO Accessory Structures: ADU Owner Occupancy (2026)
Key Facts
- Occupancy rule
- owner must occupy main house or ADU
- Attestation required
- at building permit application
- Waiver
- up to 1 year, Director-approved, documented need
- Ownership
- main house and ADU under single title
- ADUs per lot
- one only
- Address
- ADU gets its own separate address
Summary
Building an accessory dwelling unit in Lee's Summit means attesting to owner occupancy on the building permit application, and staying owner-occupied afterward isn't optional: the UDO requires ongoing owner occupancy of either the main house or the ADU for as long as the second unit exists, with only a narrow, Director-approved waiver for absences up to a year.
6.Permitting and occupancy:a.At the time of building permit application, the applicant will attest to owner occupancy of the premises for which the ADU will be located.b.Ongoing owner occupancy of either the primary dwelling unit or the ADU is required. (A temporary waiver of this requirement may be granted by the Director in the case of a documented need for the owner-occupant to leave the premises for up to one year due to employment, illness, or other circumstances.)c.The primary and accessory dwelling will remain under single ownership.d.ADUs must meet all building and fire code requirements as adopted and will be assigned a separate address.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 55 | Unified Development Ordinance: Supplement 15).
Full Breakdown
The Unified Development Ordinance's ADU permitting and occupancy rule has four parts. First, at the time of the building permit application the applicant must attest to owner occupancy of the premises where the ADU will sit. Second, ongoing owner occupancy of either the primary dwelling or the ADU is required for the life of the arrangement, though the Director may grant a temporary waiver of up to one year when the owner-occupant has a documented need to leave, such as a job relocation, illness, or similar circumstance.
Third, the primary dwelling and the ADU must remain under single ownership, so the two units cannot be split into separate titles while the ADU exists. Fourth, the ADU must meet all adopted building and fire code requirements and is assigned its own separate address, which matters for emergency response, mail, and utility billing. These occupancy conditions sit on top of the broader ADU eligibility rules: an ADU is only allowed on lots in Old Downtown Lee's Summit, on half-acre-or-larger lots zoned AG, RDR, RLL, R-1, or RP-1, or on lots approved through the Preliminary Development Plan process, and only one ADU is permitted per single-family lot.
The stated purpose of the ADU program is to promote efficient land use and add affordable housing options while preserving the single-family character of the existing residence and neighborhood.
Violations & Fines
Because the occupancy attestation is a condition of the building permit, letting an ADU or the main house sit without any owner living on site beyond the one-year Director waiver is a UDO violation enforceable under the ordinance's general penalty section: a misdemeanor punishable by $10 to $250 per day for a first violation, $100 to $500 per day for a repeat violation at the same address, plus a $250 civil penalty if it isn't corrected within ten days of a written notice.
Frequently Asked Questions
Do I have to live in the house if I build an ADU in Lee's Summit?
Can I take a temporary leave from an owner-occupied ADU property?
Can I sell my ADU separately from the main house?
Does the ADU get its own address?
Sources & Official References
Other rules in Lee's Summit
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ADU Owner Occupancy in Nearby Cities
How other cities in Jackson County handle adu owner occupancy.