Pinellas County, FL Accessory Structures: ADU Owner Occupancy (2026)
Key Facts
- Owner-occupancy rule
- Primary home or ADU must be owner-occupied
- Waiver condition
- Both units affordable at 80% AMI, 20-yr LURA
- Enforcement mechanism
- Recorded declaration, § 138-3210(d)
- Applies to
- Single-family lots, unincorporated Pinellas
- Max fine for violation
- Up to $1,000 per day, § 138-54(7)
Summary
Pinellas County requires that either the primary house or the accessory dwelling unit on a single-family lot be owner-occupied before an ADU can operate, per Code § 138-3210(c)(1)c. The county waives that rule only if both units are deed-restricted as affordable housing at or below 80 percent of area median income for at least 20 years.
c.Either the primary dwelling unit or the accessory dwelling unit shall be owner-occupied. This requirement may be waived if both the primary dwelling unit and the accessory dwelling unit qualify as affordable to households at 80 percent or below of the median family income as defined consistent with the provisions of Chapter 420 Florida Statutes, and are under a Land Use Restrictive Agreement (LURA) for a minimum period of 20 years. ... (d)Include a signed declaration of land restriction acknowledging owner occupancy requirements including a non-conversion acknowledgment of ground level open-air building footprint area to enclosed space to not exceed allowable maximum square footage thresholds. The signed declaration shall be recorded with the property deed prior to issuance of the certificate of occupancy.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 124).
Full Breakdown
Section 138-3210 governs accessory apartments, garage apartments and guest houses attached or detached from a single-family home in unincorporated Pinellas County's residential districts. Subsection (c)(1)c requires that "[e]ither the primary dwelling unit or the accessory dwelling unit shall be owner-occupied," and that requirement "may be waived" only if both the primary unit and the ADU "qualify as affordable to households at 80 percent or below of the median family income," consistent with Chapter 420, Florida Statutes, and are placed under a Land Use Restrictive Agreement (LURA) recorded for a minimum of 20 years.
" That recorded declaration is what makes the owner-occupancy rule enforceable against future owners, not just the applicant who built the unit. The section separately caps ADU size at 1,000 square feet (750 square feet within the Coastal Storm Area or flood hazard areas), limits a lot to one ADU, and bars mobile homes and RVs from serving as an ADU, but those size and density limits are covered on Pinellas' companion ADU size-and-occupancy page; this rule addresses specifically who must live in the unit.
Nonresidential-district ADUs for a caretaker, watchman or manager under subsection (c)(2) are exempt from the owner-occupancy test because they attach to a commercial or industrial use rather than a residence.
Violations & Fines
Because owner-occupancy is enforced through the recorded land-restriction declaration required by § 138-3210(d), a property owner who converts an owner-occupied ADU arrangement into a non-owner-occupied rental without qualifying for the affordable-housing waiver is in violation of that recorded covenant as well as the zoning code. General zoning enforcement under § 138-54 applies: county code enforcement inspectors investigate complaints, and a violation is punishable by a fine of up to $1,000 under § 138-54(7), with each day of noncompliance a separate offense.
Frequently Asked Questions
Do I have to live in the ADU myself, or can I live in the main house?
Is there any way around the owner-occupancy requirement?
What paperwork does the county require to prove owner-occupancy?
Does this rule apply if my ADU is for a commercial caretaker?
Sources & Official References
Other rules in Pinellas County
Florida rules heatmap·Compare Pinellas County to another location·View the Florida accessory structures overview
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