Topeka, KS Accessory Structures: ADU Owner Occupancy (2026)
Key Facts
- Occupancy rule
- Owner must live in ADU or main house
- ADU count
- One ADU per lot
- Detached ADU cap
- 800 sq ft or 50% of house
- Integrated ADU cap
- 800 sq ft or 80% of house
- Waiver route
- Conditional use permit, Chapter 18.215 TMC
- Compliance review
- Planning and Development Director
Summary
Topeka lets a single accessory dwelling unit sit on a lot with a single-family home, but only if an owner actually lives on the property. TMC 18.225.010(mm)(5) requires that "either the accessory dwelling unit or the principal dwelling unit shall be occupied by an owner of record," closing off pure investor rentals of both units at once.
(mm) Accessory Dwelling Unit (ADU). (1) Generally. A single ADU is permitted as an accessory use to the principal dwelling and allowed subject to satisfying these standards. ... (5) Owner Occupancy Required. Either the accessory dwelling unit or the principal dwelling unit shall be occupied by an owner of record of the property. ... (12) ADUs that do not meet standards in subsections (mm)(4), (mm)(5), and (mm)(6) of this section may be approved by conditional use permit (CUP) in accordance with Chapter 18.215 TMC.
Full Breakdown
as an accessory use to the principal dwelling," built either as an "integrated accessory dwelling" inside or added onto the main house, or a "detached accessory dwelling" in a converted or new standalone building. " In other words, the owner has to actually live in one of the two units; the property cannot become a fully tenant-occupied duplex under the ADU allowance. That condition applies on top of the size caps in (mm)(4): a detached ADU tops out at 800 square feet or 50 percent of the principal dwelling's floor area, whichever is smaller, and an integrated ADU is capped at 800 square feet and 80 percent of the principal dwelling's area, with design-matching requirements for windows, eaves, and exterior finish under (mm)(6).
215 TMC," meaning the Planning Commission and Governing Body, not the Planning Director alone, can waive owner-occupancy case by case. Absent that CUP, the Planning and Development Director reviews compliance, including occupancy, when a building permit application is submitted under (mm)(10).
Violations & Fines
An ADU built or rented out without meeting the owner-occupancy condition, and without a conditional use permit waiving it under TMC 18.225.010(mm)(12), is a zoning violation subject to enforcement by the Planning and Development Director under TMC 18.50.120, with appeal to the Board of Zoning Appeals. Absent a specific penalty, TMC 1.10.070's general fine of $1.00 to $499.00, up to 179 days in jail, or both, applies, with each day of noncompliance a separate offense.
Frequently Asked Questions
Can I rent out both my house and my Topeka ADU to tenants?
Is there any way around Topeka's ADU owner-occupancy rule?
How big can a Topeka accessory dwelling unit be?
Who checks whether my ADU meets the owner-occupancy rule?
Sources & Official References
Other rules in Topeka
Compare Topeka to another location·View the Kansas accessory structures overview
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