Florence County, SC Accessory Structures: ADU Owner Occupancy (2026)
Key Facts
- Governing section
- Florence County Code Sec. 30-97(1)
- Core rule
- Principal dwelling must be owner-occupied
- City of Florence
- Accessory apartments barred entirely there
- Unit limit
- One accessory apartment per dwelling/lot
- Enforcement
- Zoning administrator, Sec. 30-274 misdemeanor
Summary
Before an accessory apartment can be added in unincorporated Florence County, the principal dwelling must be owner-occupied. Code Section 30-97(1) makes owner occupancy the first condition, and the use is barred outright inside the City of Florence's own residential districts.
Accessory apartments, shall not be permitted as conditional uses in any of the residential zoning districts in the City of Florence. Accessory apartments, where permitted elsewhere as conditional uses, shall meet the following conditions:
(1)The principal structure (dwelling) must be owner occupied.
Full Breakdown
Florence County Code Section 30-97 opens by stating that accessory apartments are not permitted at all as conditional uses in any residential zoning district inside the City of Florence; the rule only reaches property in unincorporated Florence County and any other municipality that allows the use elsewhere. Where an accessory apartment is otherwise permitted, the first and most basic condition the county lists is that the principal structure, meaning the main dwelling on the lot, must be owner occupied. That single requirement rules out adding an accessory apartment to a property held purely as a rental with no owner living on site, since the ordinance ties eligibility to the owner's own residency rather than to the tenant's.
The owner-occupancy condition sits ahead of every other standard in the section, including the 50-percent size cap, the shared-utility-meter requirement, the single-family-only limitation, the 20-foot detached setback, and the extra parking space, all of which only come into play once the owner-occupancy threshold is met. Losing owner-occupied status after an accessory apartment has already been built puts the property out of compliance with this section and exposes it to zoning enforcement, since the conditional use approval was granted on the basis of the owner living in the principal dwelling, not merely on the physical characteristics of the buildings.
Violations & Fines
An accessory apartment added to, or continued on, a property whose principal dwelling is not owner occupied violates Section 30-97(1) and is enforceable under Section 30-274 as a misdemeanor with a court-set fine; each day the noncompliant use continues is treated as a separate offense, and the zoning administrator may pursue a summons or injunction to correct it.
Frequently Asked Questions
Can I add an accessory apartment to a rental property I don't live in?
What if I move out after building the ADU?
Are accessory apartments allowed inside the City of Florence?
Sources & Official References
Other rules in Florence County
Compare Florence County to another location·View the South Carolina accessory structures overview
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