Tallahassee, FL Accessory Structures: ADU Owner Occupancy (2026)

The Tallahassee LDC classifies ADUs as accessory uses subordinate to the principal single-family dwelling in the R-1, R-2, R-3, R-4 and RP-series residential districts. Under Florida zoning doctrine, an accessory use cannot exist independently of its principal use, meaning the lot must continue to function as a single-family residential parcel with the main dwelling occupied as a single household. The LDC limits each parcel to one ADU and historically conditions ADU approval on owner occupancy of either the principal dwelling or the ADU itself — typically demonstrated by Leon County homestead exemption status, voter registration, driver's license, and City of Tallahassee Utilities account holder. Florida HB 1031 (Fla. Stat. § 163.31771, 2024) creates statewide ADU policy encouraging local governments to remove or relax owner-occupancy requirements as a barrier to ADU construction, but the act stops short of automatic preemption of existing local owner-occupancy rules — implementation depends on the city's adopted ordinances. Fla. Stat. § 166.04151 (Affordable Housing) provides additional flexibility for ADUs meeting affordability criteria. HOA covenants under Fla. Stat. Chapter 720 (Homeowners' Associations) may impose stricter private owner-occupancy rules in covenanted neighborhoods such as Killearn Estates, Golden Eagle Plantation, Betton Hills, and SouthWood. Tallahassee has a significant student-rental market around FSU, FAMU, and TCC; investor configurations are scrutinized more heavily near campus.