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

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

Key Facts

Requirement
Principal home must be owner-occupied
Variance
Not allowed: cannot be varied
Applies to
Every ADU in unincorporated county
Citation
Sec. 6.11.02.B, LDC

Summary

Hillsborough County requires the principal home on any lot with an accessory dwelling unit to be owner-occupied, a condition the Land Development Code says cannot be varied.

City-specific rules exist: Tampa has its own adu owner occupancy rules that differ from Hillsborough County's county-level regulations. If you live in Tampa, check the city-specific page instead.

The residential lot shall be occupied by a principal detached single-family dwelling that is owner occupied. These requirements shall not be varied.

C. Living space in the accessory dwelling shall be limited to a maximum of 900 square feet. A variance to increase this amount may be requested provided the residential lot is at least 14,520 square feet in size and the living space proposed for the accessory dwelling does not exceed 1,200 square feet or 25 percent of the living space in the principal dwelling on the lot, whichever is less. For purposes of this regulation, living space shall include all areas within the dwellings utilized for living, sleeping, eating, cooking, bathing, washing, sanitation, laundry and storage purposes. Notwithstanding, living space shall not include motor vehicle garages and attics, provided such areas are not conditioned and are utilized solely for parking and storage purposes, and covered patios as defined by this Code. Living space shall be measured from the outside faces of the exterior walls.

D. The accessory dwelling may be a detached structure or attached to the principal single-family dwelling on the lot.

E. Except as required below, the accessory dwelling shall meet principal building setbacks and shall contribute to lot building coverage. Total building coverage on the lot shall not exceed district standards.

Full Breakdown

Section 6.11.02.B of the Land Development Code conditions every accessory dwelling unit on owner-occupancy of the principal home: the residential lot must be occupied by a principal detached single-family dwelling that is owner occupied, and the code states plainly that 'these requirements shall not be varied.' Unlike the lot-size and size-cap standards elsewhere in the same section, no variance process exists for this rule, an ADU cannot be added to, or retained on, a lot where the main house is investor-owned or otherwise non-owner-occupied.

Violations & Fines

Converting the principal home to a non-owner-occupied rental while an ADU remains on the lot violates Sec. 6.11.02.B; code enforcement can require removal of the accessory dwelling or cessation of its use.

Frequently Asked Questions

Can I get a variance from the owner-occupancy rule?
No. The code states this requirement 'shall not be varied': it is the one ADU standard with no exception process.
Does the ADU tenant need to be related to the owner?
The code requires the principal dwelling's owner to occupy it; it does not restrict who rents the accessory unit itself.

Sources & Official References

Other rules in Hillsborough County

All Hillsborough County rules

Florida rules heatmap·Compare Hillsborough County to another location·View the Florida accessory structures overview

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