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

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

ADU size
400-800 sq ft or 40% of home
Minimum lot size
5,000 sq ft
ADUs allowed
One per principal structure
Occupancy rule
Owner must live in one unit
Recording required
Deed restriction filed with Recorder
Family cap
5 unrelated persons, whole property

Summary

Vanderburgh County lets a lot with one accessory dwelling unit, but the property owner must live in either the principal home or the ADU as a primary residence, sign a compliance affidavit, and record a deed restriction with the County Recorder before the Area Plan Commission issues the required permit.

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

The owner of the property shall live in either the principal structure or the ADU, and shall sign an affidavit to be filed with the ADU application committing to comply with the requirements of this Section; and shall record a deed or title restriction in the Vanderburgh County Recorder’s office stating that: “Either the principal residence or the ADU shall be occupied by the property owner(s) of record as their primary residence.

Full Breakdown

072 of the Vanderburgh County Code allows an accessory dwelling unit on any lot with a single-family home or duplex as the principal use, but only one ADU per lot, and every dimensional and occupancy rule is built to keep the property functioning as a single household. The ADU must measure between 400 and 800 square feet, or up to 40 percent of the principal structure's floor area (whichever is greater), and the lot must be at least 5,000 square feet. 6 is the rental control: the property owner must occupy either the principal residence or the ADU as a primary residence, sign an affidavit filed with the ADU application, and record a deed or title restriction with the Vanderburgh County Recorder stating that either the principal residence or the ADU will be owner-occupied.

That filing keeps an investor from renting both units to unrelated tenants with no owner on site. 030, so the five-unrelated-person cap applies to the principal home and the ADU combined, not to each structure separately. An ADU also cannot be a shipping container, mobile home, recreational vehicle, other motor vehicle, travel trailer, or boat, and it cannot be sold or divided from the principal use. If the principal structure connects to public water and sewer, the ADU must connect too, with Water and Sewer Utility approval submitted before the Improvement Location Permit issues; a septic-served property instead needs Health Department sign-off. Any existing code violation on the property must be resolved before the county will issue the ADU permit.

Violations & Fines

Violations of Title 17, including the ADU occupancy and recording requirements, run through Section 17.36.150. The Area Plan Commission issues a Notice of Ordinance Violation and a civil penalty of up to $500 for a first offense, rising to $1,000, $2,500, $5,000, and $7,500 for further violations within 12 months. Fines are due to the County Treasurer within 30 days, continuing violations count as a separate offense each day, and the Commission can withhold new Improvement Location Permits until the property complies.

Frequently Asked Questions

Can I rent out both my Vanderburgh County house and its ADU to separate tenants?
No. Section 17.12.072.B.6 requires the property owner to occupy either the principal residence or the ADU as a primary residence and to record a deed restriction saying so, so at most one of the two units can be rented to someone other than the owner.
How big can an ADU be on a Vanderburgh County lot?
Between 400 and 800 square feet, or up to 40 percent of the principal structure's floor area, whichever is greater, under Section 17.12.072.A.1, and the lot itself must be at least 5,000 square feet.
Does a family living in the ADU count toward the county's roommate limit?
Yes. Section 17.12.072.B.7 applies the five-unrelated-person cap in the county's 'Family' definition to the principal home and the ADU together, not separately, so the whole property is capped as one household.

Sources & Official References

Other rules in Vanderburgh County

All Vanderburgh County rules

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

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