York County, SC Accessory Structures: ADU Owner Occupancy (2026)
Key Facts
- Rule
- Owner must occupy house or ADU
- Citation
- § 155.631(C)
- Coverage
- Unincorporated York County only
- Related bar
- THOW/RV/mobile home can't be the ADU, § 155.631(D)
- Penalty for lapse
- Up to $500/day, § 155.9999
Summary
To legally establish or keep an accessory dwelling unit in unincorporated York County, the lot owner must actually live on the property, in either the main house or the ADU, under § 155.631(C); renting both units out to non-owners strips the unit of its legal ADU status.
§ 155.631 ESTABLISHMENT AND USE. (C) Owner-occupancy requirement. In order to establish and maintain use as an accessory dwelling unit, the lot owner must maintain their primary residence on the lot in either the principal dwelling or the accessory dwelling. (D) Prohibited dwelling types. A manufactured home, recreational vehicle, tiny house on wheels, travel trailer, or camper shall not be used as an accessory dwelling unit.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-49: Supplement contains: Local legislation current through Ord. 3925, passed 6-16-25).
Full Breakdown
' The owner can live in whichever unit they prefer and rent out the other, but at least one of the two must be the owner's actual primary residence for as long as the second unit is used as an ADU. 631(D), which bars a manufactured home, recreational vehicle, tiny house on wheels, travel trailer, or camper from ever serving as the accessory unit itself. 631's establishment and use standard, and the accessory dwelling unit use is no longer legally maintained under the zoning ordinance.
Violations & Fines
Maintaining an accessory dwelling unit without the owner residing in either the principal or accessory unit no longer meets § 155.631(C)'s establishment condition and is a misdemeanor under § 155.9999, punishable by a fine of up to $500 per day per violation, with the Planning and Development Services Director able to require the unit be brought back into compliance or discontinued.
Frequently Asked Questions
Can I rent out both my house and my ADU to different tenants?
Does the owner have to live in the main house specifically?
What happens if I move away from the property?
Is owner-occupancy the only ADU requirement in York County?
Sources & Official References
Other rules in York County
Compare York County to another location·View the South Carolina accessory structures overview
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