Lexington requires owner-occupancy on every ADU. Under Zoning Ordinance Section 3-12, either the main residence or the ADU must be the property owner's primary residence. The rule is enforced by the Division of Building Inspection and the Division of Planning. Kentucky has no statewide ADU preemption analogous to Colorado HB24-1152 or California Government Code 65852.2, so Lexington's owner-occupancy condition remains fully effective.
Owner-occupancy is a foundational element of Lexington's ADU policy. Section 3-12 of the Zoning Ordinance requires that either the principal dwelling or the ADU be the property owner's primary residence. This was adopted intentionally during the October 2021 ZOTA and retained in the 2023 update. The Division of Planning typically requires the owner to file an affidavit of owner-occupancy with the ADU permit application and may record a notation on title. Occupancy of the ADU itself is capped at two persons plus their related children or children under a custodial relationship - the ADU is not a free-form rental but a residence intended for family members, caregivers, or modest long-term tenants. If the owner moves out (sells, relocates) the ADU loses its legal status and may be required to be discontinued or converted to non-dwelling use. Unlike Colorado (HB24-1152) and California (SB-9, SB-13, SB-1211), Kentucky has not enacted ADU preemption legislation, so the owner-occupancy requirement is fully enforceable. Investor purchase of a property with the intent to rent both units long-term is not permitted under current code.
Renting both the main house and the ADU to non-owners violates Section 3-12, prosecuted by the Division of Planning and Division of Building Inspection through Notice of Violation, civil penalties under LFUCG Code Section 5-29 ($150-$500 per day), and potential revocation of the ADU certificate of occupancy. A change of ownership without the new owner meeting the occupancy condition is a referenceable violation at the next inspection or complaint.
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See how Lexington's adu owner occupancy rules stack up against other locations.
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