Yes, in the City of Jacksonville. Reporting on the 2022 ADU ordinance states that the homeowner must live on the property, and a secondary summary of the code ties this to a homestead exemption on the parcel. It depends on where you build: Clay County also requires a homesteaded, owner-occupied main house, while other cities set their own terms.
What does the owner rule mean in practice?
The ADU is meant as a second home on an owner's lot, not a way to turn a single-family house into two rentals. You live in one unit, and the other can house family or a tenant. Investors who do not live on the property generally cannot use the ordinance.
Where does homestead come in?
In Florida, the homestead exemption applies to a home that is the owner's permanent residence, and it is granted by the county property appraiser. A summary of the Jacksonville code from a third-party source describes the requirement as an existing or pending homestead exemption on the parcel. That source also reported a later proposal to remove the homestead condition whose status we could not confirm. We check the current wording with the city for each project.
Can I live in the ADU and rent the main house?
It depends on the exact code wording for your lot, which we confirm with the Zoning Section. The ordinance's purpose is an owner on site; whether that owner may occupy the smaller unit is one of the details to verify before you plan around it.
How do neighboring areas compare?
- Unincorporated Clay County: the owner must live in the main house, which must be homesteaded. See Orange Park.
- Town of Orange Park: guest houses may not be rented at all.
- St. Augustine: the code sections we reviewed did not state an owner-occupancy rule for accessory apartments.
What if I sell the house?
The ADU stays with the lot; the ordinance is built around one owner for both. A buyer who plans to live there can keep using the ADU. A buyer who plans to rent both units would need to check the rules first.
When does the owner rule matter most?
It depends on your plans. For a family moving a parent in, it rarely matters. For someone buying a house as a rental, it can decide the deal. Ask before you design, not after.
Related
Sources, as of October 2026: Jacksonville Daily Record on Ordinance 2022-0448 (November 14, 2022); Steadily summary of the Jacksonville ADU code (third-party); Clay County ADU requirements page; Town of Orange Park code definitions.
Updated October 2026