Clark County, IN Accessory Structures: ADU Rental Restrictions (2026)
Key Facts
- Classification
- Special Use #28
- Condition
- Not for rental purposes
- Approval needed
- BZA special-use permit
- Change of use
- Prohibited once approved
- Penalty
- Up to $2,500 per day
Summary
Clark County allows accessory living quarters as Special Use #28, but only when clearly complementary to the main residence and expressly not for rental purposes, per the Table S.U. special-use list in Zoning Code § 156.48.
List of Special Use Designations ... Accessory living quarters clearly complementary to main use and not for rental purposes 28
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2019 S-0: Code: Local legislation current through Ordinance 31-2014, passed 12-18-2014).
Full Breakdown
48(F), lists "Accessory living quarters clearly complementary to main use and not for rental purposes" as Special Use #28. 48(C): the property owner files an application and site plan with the Plan Commission office, abutting owners get ten days' certified-mail notice, and the BZA weighs site suitability, neighborhood impact, and harmony with the County Plan at a public hearing before signing off. The special use is explicitly conditioned on the quarters staying complementary to the primary residence rather than becoming a separate rental unit; the code does not offer a rental version of this special use.
48(D)(2) locks the use in place: a special use "may not be altered to become any use other than that approved by the Board of Zoning Appeals," so converting approved non-rental living quarters into a leased apartment changes the use without authorization. 48(D)(1) also voids the special use if it sits abandoned for a year or is never established within a year of the grant, and the BZA can attach conditions under (C)(3), such as time limits or added screening, when it approves the quarters.
Violations & Fines
Renting out accessory living quarters approved under Special Use #28 violates § 156.48(D)(2)'s bar on altering an approved special use to a different use. That exposes the owner to a civil penalty up to $2,500 under § 156.99(A), with each day the unauthorized rental continues counted as a separate offense under § 156.99(B).
Frequently Asked Questions
Can I build a guest house or in-law suite in unincorporated Clark County?
What happens if I rent out an approved accessory living quarters unit?
Do I need a hearing to add accessory living quarters?
What is the penalty for renting out a non-rental accessory unit?
Sources & Official References
Other rules in Clark County
Compare Clark County to another location·View the Indiana accessory structures overview
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