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Clark County, IN Accessory Structures: ADU Rental Restrictions (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

These county ordinances apply to unincorporated areas of Clark County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

List of Special Use Designations ... Accessory living quarters clearly complementary to main use and not for rental purposes 28

View official code

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?
Yes, as Special Use #28, accessory living quarters clearly complementary to the main use, but the Board of Zoning Appeals will only approve it on the condition that it is not for rental purposes.
What happens if I rent out an approved accessory living quarters unit?
That alters the approved special use, which § 156.48(D)(2) prohibits: a special use may not be altered to become any use other than the one approved by the Board of Zoning Appeals.
Do I need a hearing to add accessory living quarters?
Yes, § 156.48(C) requires a special-use application, a site plan, certified-mail notice to abutting owners, and a public BZA hearing before approval.
What is the penalty for renting out a non-rental accessory unit?
Up to a $2,500 civil penalty under § 156.99(A), with each day the unlawful rental continues counted as a separate offense.

Sources & Official References

Other rules in Clark County

All Clark County rules

Compare Clark County to another location·View the Indiana accessory structures overview

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