Hillsborough County, FL Accessory Structures: ADU Owner Occupancy (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.
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?
Does the ADU tenant need to be related to the owner?
Sources & Official References
Other rules in Hillsborough County
Florida rules heatmap·Compare Hillsborough County to another location·View the Florida accessory structures overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.