St. Petersburg, FL Accessory Structures: ADU Owner Occupancy (2026)

St. Petersburg's LDR Chapter 16 conditions accessory dwelling unit approval in single-family neighborhood districts (NS-1, NSM-1, NSM-2, NT-1, NT-2 and similar) on owner occupancy of one of the two units on the lot. At certificate of occupancy and on complaint, the Codes Compliance Assistance Department may request proof of homestead — typically a Pinellas County Property Appraiser homestead exemption under Fla. Stat. §196.031, voter registration showing the parcel as the residence address, or a Florida driver's license under Fla. Stat. §322.18 with the property as the primary residence. Persistent operation without owner occupancy can result in revocation of the ADU's certificate of occupancy and Code Enforcement Board action. Florida HB 1031 (2024), codified at Fla. Stat. §163.31771, encourages the state's local governments to consider removing owner-occupancy requirements as a means of expanding housing supply but does not preempt municipal authority — St. Petersburg's condition remains enforceable. Homeowner association covenants in subdivisions and condominium associations (Bayway Isles, Snell Isle, Old Northeast condos, and many master-planned communities) may impose independent owner-occupancy and rental restrictions enforceable under Fla. Stat. Chapters 718, 719, and 720 (Condominium, Cooperative, and Homeowners' Association statutes).