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Pinellas County, FL Accessory Structures: ADU Owner Occupancy (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Owner-occupancy rule
Primary home or ADU must be owner-occupied
Waiver condition
Both units affordable at 80% AMI, 20-yr LURA
Enforcement mechanism
Recorded declaration, § 138-3210(d)
Applies to
Single-family lots, unincorporated Pinellas
Max fine for violation
Up to $1,000 per day, § 138-54(7)

Summary

Pinellas County requires that either the primary house or the accessory dwelling unit on a single-family lot be owner-occupied before an ADU can operate, per Code § 138-3210(c)(1)c. The county waives that rule only if both units are deed-restricted as affordable housing at or below 80 percent of area median income for at least 20 years.

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

c.Either the primary dwelling unit or the accessory dwelling unit shall be owner-occupied. This requirement may be waived if both the primary dwelling unit and the accessory dwelling unit qualify as affordable to households at 80 percent or below of the median family income as defined consistent with the provisions of Chapter 420 Florida Statutes, and are under a Land Use Restrictive Agreement (LURA) for a minimum period of 20 years. ... (d)Include a signed declaration of land restriction acknowledging owner occupancy requirements including a non-conversion acknowledgment of ground level open-air building footprint area to enclosed space to not exceed allowable maximum square footage thresholds. The signed declaration shall be recorded with the property deed prior to issuance of the certificate of occupancy.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 124).

Full Breakdown

Section 138-3210 governs accessory apartments, garage apartments and guest houses attached or detached from a single-family home in unincorporated Pinellas County's residential districts. Subsection (c)(1)c requires that "[e]ither the primary dwelling unit or the accessory dwelling unit shall be owner-occupied," and that requirement "may be waived" only if both the primary unit and the ADU "qualify as affordable to households at 80 percent or below of the median family income," consistent with Chapter 420, Florida Statutes, and are placed under a Land Use Restrictive Agreement (LURA) recorded for a minimum of 20 years.

" That recorded declaration is what makes the owner-occupancy rule enforceable against future owners, not just the applicant who built the unit. The section separately caps ADU size at 1,000 square feet (750 square feet within the Coastal Storm Area or flood hazard areas), limits a lot to one ADU, and bars mobile homes and RVs from serving as an ADU, but those size and density limits are covered on Pinellas' companion ADU size-and-occupancy page; this rule addresses specifically who must live in the unit.

Nonresidential-district ADUs for a caretaker, watchman or manager under subsection (c)(2) are exempt from the owner-occupancy test because they attach to a commercial or industrial use rather than a residence.

Violations & Fines

Because owner-occupancy is enforced through the recorded land-restriction declaration required by § 138-3210(d), a property owner who converts an owner-occupied ADU arrangement into a non-owner-occupied rental without qualifying for the affordable-housing waiver is in violation of that recorded covenant as well as the zoning code. General zoning enforcement under § 138-54 applies: county code enforcement inspectors investigate complaints, and a violation is punishable by a fine of up to $1,000 under § 138-54(7), with each day of noncompliance a separate offense.

Frequently Asked Questions

Do I have to live in the ADU myself, or can I live in the main house?
Either works. Section 138-3210(c)(1)c only requires that one of the two units, the primary dwelling or the accessory dwelling unit, be owner-occupied; you can live in the main house and rent the ADU, or live in the ADU and rent the main house. What the county does not allow is renting both units to tenants while the owner lives elsewhere.
Is there any way around the owner-occupancy requirement?
Only one: the requirement is waived if both the primary dwelling and the ADU are deed-restricted as affordable to households at 80 percent or below of area median income under Chapter 420, Florida Statutes, and are placed under a Land Use Restrictive Agreement recorded for at least 20 years. Without that affordable-housing LURA, owner-occupancy of one unit is mandatory.
What paperwork does the county require to prove owner-occupancy?
Before a certificate of occupancy is issued, § 138-3210(d) requires a signed declaration of land restriction acknowledging the owner-occupancy requirement, including a non-conversion acknowledgment covering any open-air footprint later enclosed. That declaration must be recorded with the property deed, so it stays attached to the property and binds future owners, not just the applicant who built the ADU.
Does this rule apply if my ADU is for a commercial caretaker?
No. Subsection (c)(2) covers a separate category, one accessory dwelling unit for an owner or employee such as a caretaker, night watchman or manager on an office, commercial or industrial parcel, and it does not carry the owner-occupancy test that applies to single-family residential ADUs under (c)(1)c.

Sources & Official References

Other rules in Pinellas County

All Pinellas County rules

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