Spokane Valley, WA Accessory Structures: ADU Owner Occupancy (2026)
Key Facts
- Occupancy requirement
- Owner lives in primary or ADU 6+ months/year
- Rent restriction
- No rent for the owner-occupied unit
- Recorded via
- Deed restriction with Spokane County Auditor
- Home business
- Prohibited inside the ADU
- Noncompliance consequence
- City may revoke ADU approval
- Voluntary exit
- Owner may cancel registration by letter
Summary
Spokane Valley requires the titleholder of an ADU property to live in either the primary home or the ADU as a permanent residence for at least six months of the year, per SVMC § 19.40.030(D)(1). The owner cannot collect rent for whichever unit they occupy, and the application must include a signed letter affirming that one legal titleholder lives in one of the two units.
The owner, as established by the titleholder, shall occupy either the primary dwelling unit or the ADU as their permanent residence for six months or more of the calendar year and at no time receive rent for the owner-occupied unit. The application for the ADU shall include a letter from the owner affirming that one legal titleholder lives in either unit, meeting the requirement of owner occupancy. ... Prior to issuance of occupancy, a deed restriction shall be recorded with the Spokane County auditor to indicate the presence of an ADU, the requirement of owner occupancy, and other standards for maintaining the unit as described in the SVMC.
Full Breakdown
This owner-occupancy condition sits in subsection D, "Other," of the residential ADU standards, alongside the paperwork the City uses to track compliance. 030(D)(2) requires a deed restriction to be recorded with the Spokane County Auditor noting that the property carries an ADU, that owner occupancy is required, and the other maintenance standards that come with it, so the obligation runs with the land and shows up in a title search by a future buyer. 030(D)(3), even though a home business may otherwise be allowed in the primary dwelling under the City's home-business standards. 040, which are capped at 10 units per site, approved through a conditional use permit, and intended for workers rather than a titleholder. 030(D)(5).
Violations & Fines
The City may revoke an ADU's approval under SVMC § 19.40.030(D)(4) if the property falls out of compliance with the occupancy requirement or any other development standard, and a titleholder can voluntarily cancel the ADU's registration by filing a letter with the Spokane County Auditor under SVMC § 19.40.030(D)(5). Absent a voluntary cancellation, an unoccupied or wrongly rented unit is addressed through the City's Chapter 17.100 SVMC code compliance process, which can result in a notice of violation.
Frequently Asked Questions
Do I have to live on the property if I build an ADU in Spokane Valley?
Is the owner-occupancy requirement recorded on my property title?
Can I run a business out of my Spokane Valley ADU?
What happens if I stop living in the primary home or the ADU?
Sources & Official References
Other rules in Spokane Valley
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