Wilmington, NC Accessory Structures: ADU Owner Occupancy (2026)

North Carolina has no statewide ADU statute (unlike California, Oregon, or Washington), so Wilmington retains full local discretion over ADU rules through its Land Development Code. Wilmington's LDC Chapter 18 governs accessory dwelling units as accessory uses to a principal single-family dwelling. The lot must contain a primary residence and the ADU must remain on the same parcel - it cannot be subdivided or sold separately without a formal subdivision approval. Owner-occupancy rules: Wilmington's STR enforcement controversy that led to Schroeder v. City of Wilmington (2019) was driven in part by concerns about non-owner-occupied rentals, and the city has subsequently considered tying ADU and STR registration to owner residence. Applicants should consult the current LDC text and any active conditional zoning conditions at the time of application. Rental property registration is constrained by NCGS 160D-1207, which limits cities to inspecting properties with documented substantial code violations rather than maintaining general mandatory rental registries. HOA covenants in deed-restricted communities (Landfall, Porters Neck Plantation, Helms Port, Demarest Landing) are enforceable under NCGS 47F-3-121 and frequently impose owner-occupancy or use restrictions that operate independently of city zoning. Verify deed and declaration text before relying on city-level permission.