Gary, IN Accessory Structures: Tiny Homes (2026)

Section 123-1 defines a 'cottage' as a small dwelling unit, generally containing not more than 1,200 but no less than 950 square feet of floor area, that may be used as an accessory dwelling unit. That single sentence is the only place the word 'cottage' appears anywhere in Gary's code; it is never named among the permitted, transitional, or special uses listed for the R1 through R7 residence districts (§§ 123-155 through 123-161) or the B1 through B5 business districts (§§ 123-192 through 123-196). Because Gary's zoning ordinance works on a closed list, meaning a use must be affirmatively authorized to be built, a 950-to-1,200-square-foot cottage has a defined size band in the code but no district that authorizes placing one on a lot as of right.

An owner who wants to add a cottage-sized structure as an accessory dwelling would have to apply to the Board of Zoning Appeals under § 123-30(g)(2) and (3) for a variance from the district use regulations. The general accessory-building bulk standards at § 123-332, capping accessory structures at 40 percent of the required rear yard and 15 feet in height, would also come into play at that hearing even though that section predates and does not reference the cottage definition. No foundation, utility-connection, or owner-occupancy standard is spelled out anywhere in the chapter for this use.