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Florence County, SC Accessory Structures: ADU Owner Occupancy (2026)

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

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

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?
No. Section 30-97(1) requires the principal structure to be owner occupied before an accessory apartment is allowed, so a landlord who does not live in the main house cannot add one.
What if I move out after building the ADU?
The ordinance conditions the accessory apartment on owner occupancy of the principal structure. Losing that status puts the property out of compliance with Section 30-97(1) and subjects it to code enforcement under Section 30-274.
Are accessory apartments allowed inside the City of Florence?
No. Section 30-97 states accessory apartments shall not be permitted as conditional uses in any of the residential zoning districts in the City of Florence; the owner-occupancy rule applies where the use is permitted elsewhere, meaning unincorporated Florence County.

Sources & Official References

Other rules in Florence County

All Florence County rules

Compare Florence County to another location·View the South Carolina accessory structures overview

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