Tampa City Code Chapter 27 requires owner occupancy for ADUs in single-family residential districts. The owner must reside in either the primary dwelling or the ADU. Florida HB 1031 (2024) state ADU framework encourages but does not mandate elimination of owner-occupancy conditions. Hillsborough County unincorporated areas have different standards.
Tampa's zoning code under Section 27-282 et seq. conditions ADU approval in single-family residential districts on owner occupancy of one of the two units. The condition is intended to prevent SF lots from becoming de facto duplexes operated as pure rental properties. At permit application and certificate of occupancy, the owner provides proof of homestead — typically a Hillsborough County homestead exemption from the Property Appraiser, voter registration, or driver's license showing the property as the primary residence. Code Enforcement may investigate on complaint; persistent non-owner-occupied operation can result in revocation of the certificate of occupancy. Florida HB 1031 (2024) creates statewide ADU policy encouraging removal of owner-occupancy requirements, but as of current city code Tampa retains the condition. Hillsborough County unincorporated jurisdictions have their own rules and may or may not require owner occupancy. HOA covenants in subdivisions like Carrollwood, Westchase, New Tampa, and Hyde Park may add independent restrictions.
Operating without owner occupancy can trigger Code Enforcement Board action with fines up to $250 per day for first violations and $500 per day for repeat under Florida Statute 162.09, plus revocation of the ADU certificate of occupancy. HOA covenant enforcement may include separate civil suit and architectural-review penalties.
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