HomeMy WebLinkAbout2026-008-497_-_Accessory_Dwelling_Units_(ADU)_-_Adopted_-_PdfORDINANCE NO. 2026-008-497
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AMENDING THE CODE OF
ORDINANCES TO PERMIT ACCESSORY DWELLING UNITS;
AMENDING ARTICLE II – ADMINISTRATION; SECTION 34-47
GRANTING OF VARIANCES AND WAIVERS; SECTION 34-50
ADMINISTRATIVE VARIANCE AND WAIVERS; ARTICLE IX
GENERALIZED SCHEDULE OF PERMITTED USES, USES
SPECIAL REQUIREMENTS, WITH PERMITTED EXTRA
EXCEPTION USES AND PROHIBITED USES; SECTION 34-287
USES REGULATIONS GENERALLY; SECTION 34-288 USE
TABLES AND EXTRA REQUIREMENTS; AMENDING ARTICLE
X ACCESSORY USES AND STRUCTURES, SECTION 34-311
ACCESSORY USE TABLE; CREATING SECTION 34-313
34-314 UNITS; SECTION ACCESSORY DWELLING
ATTACHED ACCESSORY DWELLING UNITS; AND SECTION
34-315 DETACHED ACCESSORY DWELLING UNITS;
AMENDING ARTICLE XIX DEFINITIONS AND RULES OF
CONSTRUCTION; SECTION 34-732 DEFINITIONS FOR
DEVELOPMENT STANDARDS; PROVIDING FOR ADOPTION
OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN
CONFLICT; CLAUSE;PROVIDING A SEVERABILITY
PROVIDING FOR INCLUSION IN CODE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Miami Gardens adopted its own Land Development
Regulations (LDR) in 2010 to foster development and maintain stable neighborhoods
and it is common for municipalities to periodically review the LDR in order to adapt to
land use needs and respond to changing circumstances in their communities, and
WHEREAS, recently neighboring cities including City of Miami, North Miami,
Homestead, Hialeah, and Fort Lauderdale have adopted zoning ordinances allowing
Accessory Dwelling Units (ADU). ADU’s are small secondary homes, often called "in-
law units," and is a flexible and efficient way to add housing within existing
neighborhoods. and
WHEREAS, this amendment will diversify the City's housing supply by permitting
the use of ADU’s for properties located in the Single-Family Residential Zoned District,
and
WHEREAS, City Staff recommends that the City Council amend the City’s LDR
as outlined in Exhibit “A” attached hereto to permit Accessory Dwelling Units as an
accessory use and create regulations for such structures as an efficient way to add
housing in existing neighborhoods,
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA, AS FOLLOWS:
Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
paragraphs are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Ordinance.
Section 2. AMENDMENT: Chapter 34 of the City of Miami Gardens Code of
Ordinances is hereby amended as outlined in in Exhibit “A” attached hereto.
Section 3. CONFLICT: All ordinances or Code provisions in conflict herewith are
hereby repealed.
Section 4. SEVERABILITY: If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid or unconstitutional by any
court of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the remaining
portions of this Ordinance.
Section 5. INCLUSION IN CODE: It is the intention of the City Council of the City
of Miami Gardens that the provisions of this Ordinance shall become and be made a
part of the Code of Ordinances of the City of Miami Gardens and that the section of this
Ordinance may be renumbered or relettered and the word “Ordinance” may be changed
to “Chapter,” “Section,” “Article” or such other appropriate word or phrase, the use of
which shall accomplish the intentions herein expressed.
Section shall become effective This Ordinance EFFECTIVE 6.DATE:
immediately upon its final passage.
PASSED ON FIRST READING ON THE 22nd DAY OF APRIL, 2026.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS AT ITS REGULAR MEETING HELD ON MAY 27, 2026.
________________________________
RODNEY HARRIS, MAYOR
ATTEST:
________________________________
MARIO BATAILLE, MMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
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SPONSORED BY: COUNCILWOMAN LINDA JULIEN AND VICE MAYOR ROBERT
STEPHENS
Moved by: Vice Mayor Stephens
Seconded by: Councilwoman Julien
VOTE: 6-0
Mayor Harris Yes
Vice Mayor Stephens, III Yes
Councilwoman Baskin Yes
Councilman Leon Absent
Councilwoman Powell Yes
Councilwoman Wilson Yes
Councilwoman Julien Yes
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EXHIBIT A
Land Development
Code Amendments
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ARTICLE II. - ADMINISTRATION
Sec. 34-47. Granting of variances and waivers.
(a)Purpose and intent. A variance or waiver of the code is a departure from the dimensional or numerical
requirements of this chapter where such variance or waiver will not be contrary to the public interest and
where, owing to conditions peculiar to the property and not as a the result of the action of the applicant, a
literal enforcement of the requirement would result in unnecessary and undue hardship. Establishment or
expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted due
to the presence of nonconformities in the zoning district or adjoining zoning districts.
(b)Authorized variances and waivers. The zoning appeals board shall have the authority to grant the following
variances:
(1)A variance in the numerical yard or area requirements of any district where there are unusual and
practical difficulties in carrying out these provisions due to an irregular shape of the lot, topography, or
other conditions. However, such variance shall not seriously affect any adjoining property or the
general welfare.
(2)A variance when an owner can demonstrate that a strict application of the terms of this chapter
relating to the construction or alteration of buildings or structures, the use of or relating to the use of
the land will impose unusual and impractical difficulties, but not reduced financial value alone.
(c)Unauthorized variances or waivers. The zoning appeals board shall not have the authority to grant the
following variances:
(1)Expansion of prohibited use. A variance shall not be granted which would permit the establishment or
expansion of a use in a district in which such use is not permitted by this chapter, or permit any use in a
district expressly or by implication prohibited by the provisions of this chapter.
(2)Nonconforming and noncomplying uses. Except as otherwise provided in this chapter, a variance shall
not be granted which relates in any way to a noncomplying or nonconforming use.
(3)Definitions. A variance shall not be granted which modifies any definitions contained within this
chapter.
(4)Density. A variance shall not be granted which would result in an increase in density greater than that
permitted in the applicable zoning district regulations.
(5)Consistency with comprehensive plan. A variance shall not be granted which would be inconsistent with
the comprehensive plan.
(6)Planned developments. A variance from any requirement, condition of development approval or other
stipulation affecting a PD Planned Development shall not be granted.
(7)Landscape or buffering requirements. A variance or waiver shall not be granted for any landscape or
buffering requirement.
(8)Accessory dwelling units (ADUs). A variance to increase the number of ADUs beyond one per primary
residence or to allow separate sale or conveyance of the ADU.
(d)Administrative recommendation filed. For all variance and waiver proceedings held before the zoning appeals
board, the administrative official shall review each application and shall file a recommendation that may
include approval, approval with conditions, or disapproval for each application. Such recommendations shall
be received, heard and filed prior to final action on any item before the board and shall be part of the record
of the application.
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(e)Applications. The applicant must file a request to the zoning appeals board in accordance to section 34-46
which shall include, but is not limited to, identification of the specific provisions of this chapter from which a
variance or waiver is sought; the nature and extent of the variance requested and an explanation of why it is
necessary; and the grounds relied upon to justify the proposed variance or waiver.
(f)Public notice. Notice shall be required, as set forth in section 34-46 for all requests to the zoning appeals
board.
(g)Decisions. The zoning appeals board shall approve, approve with conditions, or deny the application in
accordance to section 34-46.
(h)Criteria for granting variances. Upon appeal or direct application in specific cases to hear and grant
applications for non-use variances and waivers of this chapter, when authorized, the zoning appeals board
may grant approval, approval with conditions of the application upon showing by the applicant that the non-
use variance or waiver that all the following have been met:
(1)The particular physical surroundings, shape, topographical condition, or other physical or
environmental condition of the specific property involved would result in a particular hardship upon
the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally.
(2)The conditions upon which the request for a variance is based are unique to the parcel and would not
be generally applicable to other property within the vicinity.
(3)The alleged difficulty or hardship was not deliberately created to establish a use or structure which is
not otherwise consistent with this Code.
(4)The granting of the variance will not be detrimental to the public welfare or injurious to other property
or improvements in the vicinity.
(5)The proposed variance will not substantially increase the congestion in the public streets, or increase
the danger of fire, or endanger the public safety, or substantially diminish or impair property values
within the vicinity.
(6)The variance request is the minimum variance that will make possible the reasonable use of the land,
building, or structure;
(7)The granting of the variance request will be in harmony with the general intent and purpose of these
regulations and the comprehensive plan;
(8)Nonconforming use of neighboring lands, structures, or buildings in the same zoning district, and the
permitted use of lands, structures, or buildings in other zoning districts, shall not be considered
grounds for the authorization of a variance; and
(9)Financial hardship is not the only evidence of a hardship considered in the authorization of a variance.
(i)Failure to appear. An applicant's failure to appear or to be represented at a scheduled hearing shall be
sufficient cause to deny the request.
(j)Conditions, restrictions, stipulations, and safeguards. The zoning appeals board may make subject the
authorization of a variance or waiver to such conditions, restrictions, stipulations and safeguards it deems
necessary to ensure compliance with the purpose and intent of this chapter and consistency with the
comprehensive plan of the city. Violation of such conditions, when made a part of the terms under which the
variance is granted, shall be deemed a violation of this chapter. Such conditions, restrictions, stipulations,
and safeguards may include, but are not limited to, a reasonable time limit within which the action for which
the variance is sought shall commence, be completed, or both, as well as provisions for extensions or
renewals.
(k)Appeals. Appeals of decisions of the zoning appeals board shall be in accordance with section 34-43.
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ARTICLE II. - ADMINISTRATION
Sec. 34-50. Administrative variance and waivers.
(a) Purpose and intent. The purpose of this section is to provide a procedure for property owners to obtain
minor administrative variances or waivers of regulations pertaining to setbacks, height, lot coverage, building
spacing requirements, sidewalk width, and sign regulations, provided that the specified standards of this
section are met. These standards provide for substantially the same patterns of site development as the
underlying regulations.
(b) Authorized administrative variances and waivers. Notwithstanding any other provisions of this chapter to the
contrary, the administrative official shall have the authority to, by administrative decision, approve, approve
with conditions, or deny applications for the following administrative variances and waivers:
(1) A decrease or increase of any numerical requirements for not more than 25 percent.
(2) A reduction in the setback of accessory structures for not more than 50 percent of that required by the
underlying district.
(2.1) Notwithstanding subsection (b)(2), for accessory dwelling units, any administrative variance to
required setbacks shall not exceed a reduction of more than 25 percent from the setback required by
the underlying zoning district, and shall apply only to the ADU structure.
(3) An increase in the lot coverage of accessory structures for not more than 50 percent of that permitted
by the underlying district.
(4) A reduction in the spacing between principal and/or accessory structures on the same lot; provided,
however, in no event shall such spacing be less than five feet.
(5) An increase in fence, wall, hedge or building heights, and an increase in the FAR, lot coverage or both, of the principal structure, not to exceed 25 percent above that permitted by the underlying zoning
district.
(6) A reduction of the number of required off-street parking spaces of not more than, 10 percent of that
required for the specific use.
(7) A waiver of dimensional standards for off-street parking spaces that are provided in excess of the
number required in this chapter.
(8) Allowing required parking spaces to be located off-site, as set forth in section 34-379.
(9) Allowing the contribution of funds in lieu of constructing required sidewalks, sidewalk widths, as set
forth in section 34-219.
(10) Allowing the contribution of funds in lieu of compliance with landscape and buffering requirements, as
set forth in section 34-444.
(11) Waiver or variation of the sign code regulations as set forth in section 34-655.
(12) Use of barb wire, electrical elements or other hazardous materials on fence or walls in all districts,
except in the R districts, as set forth in section 34-446.
(13) Variation or waiver of dumpster design standards, as set forth in section 34-312.
(14) Variances or waivers in association with a vested rights determination agreement, as set forth in
section 34-62.
(15) Variances or waivers of street, alley, and lot design standards as set forth in section 34-219.
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(16) Variance or waiver of to allow a pump house or wire construction fence, masonry wall, or wood fence
in right-of-way, or for continued occupation of same, as set forth in section 34-224.
(17) Variances to extend hours of operation up to two additional hours for alcoholic beverage
establishments, as set forth in subsection 6-349(d) of the Code of Ordinances, or for other
establishments of which the city may have regulations governing hours of operations.
(18) Variances or waivers for permits prior to right-of-way dedication as set forth in section 34-216.
(19) a. Administrative variances for signage shall be limited to a maximum increase or decrease of 25 percent
of the dimensional requirements.
b. Petition for an administrative variance to signage shall be submitted on a form approved by the
city and with the established fee. Submittal of the petition for administrative variance shall not
be construed as a granting of approval of the variance.
(c) Exceptions. The following are exceptions where administrative variances or waivers shall not be authorized:
(1) Variance or waiver of canopy carport regulations.
(2) For landscape and buffering requirements, except for contribution of funds in lieu of compliance.
(3) Allow the continuation of a nonconforming or illegal use or structure on the property.
(4) Variation of setbacks for more than two sides of a building or structure.
(5) Where an administrative variance or waiver, if granted, would further a previously approved variance
or waiver.
(6) Where an administrative variance or waiver would result in creating a nonconformity of regulations
and/or create an additional noncompliance with this chapter.
(7) For accessory dwelling units (ADUs), administrative variances and waivers shall be limited to setbacks
requirements measured from lot setbacks of the ADU structure only, and shall not be used to vary lot
area, maximum height, maximum floor area, off street parking, maximum lot coverage, minimum
building separation or any other development standard applicable to ADUs.
(d) Applications, and signed consent of neighboring property owners, mailed notices.
(1) The applicant must file a request to the planning and zoning department in a form approved by the
administrative official containing all the information necessary for the administrative official to make
an administrative decision, which shall include, but is not limited to, identification of the specific
provisions of this chapter from which a administrative variance or waiver is sought; the nature and
extent of the variance or waiver; and the grounds relied upon to justify the approval of the variance or
waiver.
(2) Such application shall be accompanied by the required submittal documents and fee as determined by
the administrative official, which may include, but shall not be limited to, the one of the following:
a. Signed consent of neighboring property owners.
1. The signed consent of all contiguous property owners, including those located across the
street from the subject site, shall be submitted by the applicant on a form prescribed by
the administrative official, and on the site plan submitted for consideration.
2. Said consent shall not be required when a separating public right-of-way measures 70 feet
or greater, nor shall consents be required when a body of water completely separates the
subject parcel from another parcel.
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3. If the applicant for an administrative adjustment is unable to obtain either the signed
consent or objection of a neighboring property owner, the signature of that owner shall
not be required if the applicant demonstrates the section has been complied with.
b. Mailed notices. The applicant shall provide written mailed notice of the request for
administrative variance or waiver to the abutting property owners. Such notice shall be deemed
sufficient if it accurately describes the adjustment requested, if it informs the abutting property
owners of the consequences of a failure to respond within a specified time, and if such notice is
sent first class mail, return receipt requested, to the property owners of record, as reflected on
the county property appraiser's tax roll, as updated; and the applicant for the administrative
adjustment shall present proof acceptable to the administrative official one of the following two
events has occurred:
1. After 30 days from receipt of notice, as indicated on the return receipt, the neighboring
property owner has failed to respond; or
2. The United States Postal Service has returned the notice as undeliverable.
c. Exceptions. The administrative official may, where it is deemed that mail notice is not
appropriate, may waive the requirements of signed consent of neighboring property owners, and
mailed notices set forth in this section.
(e) Inspection. Upon receipt of the application for an administrative adjustment, the administrative official, prior
to making a decision, may inspect the site of the subject property and the surrounding properties to
determine what impact, if any, the proposed administrative variance or waiver will have on the adjoining
lots.
(f) Criteria for granting an administrative variance or waiver. The administrative official shall review for the
following standards when considering granting an administrative variance or waiver:
(1) The architectural design, scale, mass, and building materials of any proposed structure or addition shall
be aesthetically harmonious with that of other existing or proposed structures or buildings on the
property;
(2) The plan shall clearly illustrate water runoff solutions for the encroaching construction area;
(3) The property owner shall certify in writing that any and all easement areas as shown on the recorded
plat remain unencumbered by the encroaching construction, unless a release of interest by the
easement holders is obtained and submitted prior to permit issuance;
(4) The applicant provides written certification from a registered architect or engineer that the existing
encroaching construction complies, or can be made to comply with, all applicable construction codes,
including, but not limited to the Florida Building Code, and the applicable Fire Prevention Code;
(5) Any reduction in the spacing requirement between a principal building and an accessory building or
structure on the same lot shall not result in a situation that causes maintenance difficulty or an
unsightly appearance;
(6) The proposed accessory building or structure is a normal and customary accessory residential use;
(7) The property owner certifies in writing that the type and placement of any proposed outdoor lighting
fixtures shall comply with this chapter and the Florida Building Code;
(8) Notwithstanding the foregoing, no proposed administrative variance or waiver shall be approved
where the administrative official determines that the proposed construction or addition:
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a. Will not be in harmony with the general appearance and character of the subject block face or
the block face across the street from the subject property or will result in a significant diminution
of value of the adjacent property;
b. Will be detrimental to the public welfare in that it will have substantial negative impact on public
safety due to unsafe traffic movements, heightened pedestrian-vehicular conflicts, or heightened
risk of fire;
c. Creates materially greater adverse privacy impacts on adjacent residences than that permitted by
the underlying district regulations; or
d. Will not be inconsistent or in conflict with the express purpose and intent of the regulations
being varied or waived.
(g) Conditions and safeguards. In granting an administrative variance or waiver, the administrative official may
prescribe conditions and safeguards deemed necessary to protect the interests served by the underlying
zoning district regulations, including, but not limited to:
(1) Landscape materials, walls, and fences as required buffering.
(2) Modification of the orientation or deletion of any openings.
(3) Modification of site arrangements.
(4) Modification of plans.
(5) Declaration of restrictive covenants limiting the use of the property.
(6) Limitations on time or duration of approval of said variance or waiver, or for compliance.
(h) Public notice, effective date and permit issuance. Upon receipt of all necessary information including a staff
report, the administrative official shall review the information and render a decision, approving, approving
with conditions, or denying the administrative variance or waiver request. No approvals or modifications
shall be effective, nor shall any building permits be issued, until it has been determined that no timely appeal
of the administrative official's decision as provided in subsection (i) of this section has been filed with the
department. If a timely appeal of the administrative adjustment is filed, no approvals or modifications shall
be effective, nor shall any building permit be issued, until final disposition of the appeal, including judicial
review.
(i) Appeals of decision. The applicant, or any aggrieved property owner in the area, may appeal the decision of
the administrative official to zoning appeals board in the manner provided for in section 34-46. In the event
an appeal is made by an aggrieved property owner in the area, the administrative official may stop or
suspend any construction authorized by the approval, until a decision has been made on the appeal. In the
event the administrative official should determine that the suspension of the construction could cause
imminent peril to life or property he or she may permit the construction to continue upon such conditions
and limitations, including the furnishing of an appropriate bond, as may be deemed proper under the
circumstances.
(j) Recording. The decision of the administrative official shall be recorded on the official zoning maps of the city.
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Subpart B - LAND DEVELOPMENT CODE
Chapter 34 - ZONING AND LAND DEVELOPMENT
ARTICLE IX. GENERALIZED SCHEDULE OF PERMITTED USES, USES PERMITTED WITH EXTRA REQUIREMENTS, SPECIAL
EXCEPTION USES AND PROHIBITED USES
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ARTICLE IX. GENERALIZED SCHEDULE OF PERMITTED USES, USES PERMITTED
WITH EXTRA REQUIREMENTS, SPECIAL EXCEPTION USES AND PROHIBITED USES
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Sec. 34-287. Use regulations, generally.
(a) Permitted uses. Permitted uses are considered to be fundamentally appropriate within the district in which
they are located, and are deemed to be consistent with the comprehensive plan. These uses are permitted as
of right, subject to any use-related standards and requirements that may be applicable in section 34-288, and
the site plan and permit requirements and procedures described in this section.
(b) Special exception uses. A use listed as a special exception in a zoning district is deemed to be generally
unsuitable for location in such district, but may be permitted on a case-by-case basis if, after review and
possible attachment of conditions pursuant to the procedures and criteria of section 34-48, the city
determines that the use will be appropriate in the given zoning district. A special exception use is also subject
to extra requirements in section 34-288 when indicated in the use regulations schedule.
(c) Accessory uses. Principal uses listed in the use regulations schedule are deemed to include accessory uses
listed in article X of this chapter, where such accessory uses are customarily associated with, and are
incidental and subordinate to, such principal uses. An accessory use shall be subject to the same regulations
that apply to the principal use in each district, except as otherwise provided.
(d) Temporary uses. Uses that are deemed temporary in nature, at the sole discretion of the administrative
official or regulated otherwise, by separate ordinance, shall not be subject to the standards and
requirements as set forth in this chapter, except that the administrative official may impose conditions,
which may include, but not limited to, limiting the period of approval for such uses, imposing hours of
operations, operation standards to minimize impacts on surrounding properties, and other conditions
deemed necessary to minimize detrimental impacts to the welfare of the community.
(e) Prohibited uses. Any use not specifically listed as a permitted or special exception use, or as an accessory use
to a permitted or special exception use, or any use for which the administrative official cannot categorize as
similar to a permitted use, special exception use, or accessory use related to a permitted or special exception
use, shall be considered expressly prohibited.
(f) Site plan required. Permitted uses that are subject to use-related standards in section 34-288 and all special
exception uses require final site plan review and approval.
(g) Permits required. Except as explicitly provided herein, no use designated as a permitted or special exception
use in this chapter shall be established until after the person proposing such use has applied for and received
all required development permits which may include final plat approval, final site plan approval, a building
permit, certificate of use, and a certificate of occupancy; all pursuant to the requirements of this chapter.
(h) Uses within an enclosed building. All uses and related activities shall be within an enclosed building, except as
may otherwise be permitted in this chapter, or as would be allowed as a customary, incidental, or common
practice activity to the use.
(i) Permitted use table. The following permitted use table, supplemented by the master use list and use
definitions set forth in section 34-733, shall be used to determine the zoning district in which a given use may
be established. In the event of conflict between the use table in this section and section 34-733, the
administrative official shall render an interpretation as to which prevails.
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LEGEND
"P" means the use is permitted in the corresponding zoning district.
"SE" means the use is subject to special exception procedures as outlined in section 34-48 including
additional application fees and approval by the city council at a noticed public hearing.
□ means the use is prohibited in the corresponding zoning district.
*(#) means additional requirements and criteria must be met in order for the use to be permitted per
the criteria in section 34-288 and section 34-733. See additional requirements and criteria for
specific uses set forth in section 34-288 and master use list, appendix A in section 34-733.
Table 1: Permitted Uses
Zoning Districts/Uses R-
1
R-
2
R-
15
R-
25
R-
50
NC BTO PCD EO PACE INN OF I-1 I-2 PD AU GP
Residential Type Uses
Adult day care
center *(1)
□ □ □ P □ P □ □ □ P □ □ P □ □
Adult Family Care
Home, up to 5
residents*(3)
P P P □ □ □ □ □ □ □ □ □ P □ □
Assisted Living
Facility (ALF), up to 6
residents* (8)
P P P □ □ □ □ □ □ □ □ □ P □ □
Assisted Living
Facility (ALF),
greater than 6
residents*(9)
SE SE SE SE □ SE □ □ □ SE □ □ SE □ □
Community
residential home, up
to 6 residents*(17)
P P P □ □ □ □ □ □ □ □ □ P □ □
Community
residential home,
greater than 6
residents
*(18.5)
SE SE SE SE □ SE □ □ □ SE □ □ SE □ □
Family day care
home, 5 children or
less *(22)
P P P P P P □ □ □ □ □ □ □ □ □
Farm worker
housing
□ □ □ □ □ □ □ □ □ □ □ □ □ SE □
Halfway house □ □ □ SE □ SE □ □ □ SE □ □ □ □ □
Hotels, Motels,
Lodging*(49)
□ □ □ □ □ P P P P □ P P P □ □
Work/Live loft (41) P
Mobile home*(31) □ □ □ □ □ □ □ □ □ □ □ □ P □ □
Nursing Home □ □ □ P □ P □ □ □ P □ □ P □ □
Page 13 of 31Ordinance No. 2026-008-497
Docusign Envelope ID: 0C7D02F6-E826-8F6A-80D5-70314C3DC0E2
Created: 2025-10-01 16:32:37 [EST]
(Supp. No. 18)
Page 4 of 10
Residential—Mixed-
use residential*(41)
□ □ □ □ □ P P P □ □ □ □ P □ □
Residential—
Multifamily
residential*(41)
□ □ P □ □ P P P □ □ □ □ P □ □
Residential—Single-
family-detached
residential*(41)
P □ P □ P □ □ □ □ □ □ □ P □ □
Residential—
Townhouse*(41)
□ □ P □ □ □ SE SE □ □ □ □ P □ □
Residential—Two-
family duplex
*(41)
□ P □ □ □ □ □ □ □ □ □ □ □ □ □
Residential—
Accessory Dwelling
Unit - ADU
*(41)
P □ □ □ □ □ □ □ □ □ □ □ □ □ □
Shelter □ □ □ □ □ SE □ □ □ □ □ □ □ □ □
Public and Institutional Type Uses
Airport, airfield,
heliport, related
uses—Public,
private*(4)
□ □ □ □ □ □ □ □ □ □ □ □ P □ P
Community centers □ □ □ P P P P P □ □ □ □ P □ P
Cultural and civic
facilities—Libraries,
museums
□ □ □ P P P P P □ □ □ □ P □ P
Detention facility □ □ □ □ □ □ □ □ □ □ □ □ □ P
Educational and
child care facilities—
Non-public *(20)
□ □ □ □ □ P □ □ P □ P P P □ P
Educational
facilities—College or
university—Private;
main campus*(21)
□ □ □ □ □ SE □ □ SE SE SE SE P □ P
Educational
facilities—Public,
including charter
school
P P P P P P □ □ P P P P P P P
Educational
facilities—Technical,
vocational,
specialty—Non-
public
□ □ □ P □ P □ □ P P P P P □ P
Government
facilities, including
administrative,
support and service
□ □ □ □ □ □ P P □ □ □ □ P □ P
Page 14 of 31Ordinance No. 2026-008-497
Docusign Envelope ID: 0C7D02F6-E826-8F6A-80D5-70314C3DC0E2
Created: 2025-10-01 16:32:37 [EST]
(Supp. No. 18)
Page 5 of 10
Hospital—Private,
public *(27)
□ □ □ □ □ SE □ □ □ □ □ □ P □ P
Hospital—
Psychiatric *(28)
□ □ □ □ □ SE □ □ □ □ □ □ SE □ SE
Public parks and
recreational facilities
P P P P P P P P P P P P P P P
Public safety facility P P P P P P P P P P P P P P P
Sewage lift or
pumping
station*(39)
P P P P P P P P P P P P P P P
Solid waste transfer
station
□ □ □ □ □ □ □ □ P □ P P □ P
Transit station □ □ □ □ □ □ □ □ □ □ □ □ □ □ P
Utilities and related
facilities
□ □ □ □ □ □ □ □ □ □ □ □ □ □ P
Water plant, waste
water plant
□ □ □ □ □ □ □ □ □ □ □ □ □ □ P
Vehicle Related Commercial Type Uses
Car wash—
Enclosed*(11)
□ □ □ P □ P □ □ P □ P P □ □ □
Car wash—Outside,
hand
wash*(12)
□ □ □ □ □ □ □ □ P □ P P □ □ □
Car wash—
Mobile*(13)
□ □ □ □ □ □ □ □ P □ P P □ □ □
Parking garage, lot—
Commercial* (32)
□ □ □ □ □ P P P P P P P P □ P
Car rental—
Automobile only
*(47)
□ □ □ □ □ P □ □ P □ P P □ □ □
Rental—Truck and
other vehicles
□ □ □ □ □ P □ □ P □ P P □ □ □
Bus charter service,
passenger bus
terminal
□ □ □ □ □ SE □ □ SE □ SE SE SE □ P
Vehicle fueling
stations and
sales
□ □ □ SE □ SE □ □ SE □ SE SE □ □ □
Vehicle major
repair—Mechanical,
body vehicle towing
service
□ □ □ □ □ □ □ □ P □ P P □ □ □
Vehicle minor
repair—
Maintenance,
service
□ □ □ □ □ P □ □ P □ P P □ □ □
Vehicle—Parts sales
and installation
□ □ □ □ □ P □ □ P □ P P □ □ □
Page 15 of 31Ordinance No. 2026-008-497
Docusign Envelope ID: 0C7D02F6-E826-8F6A-80D5-70314C3DC0E2
Created: 2025-10-01 16:32:37 [EST]
(Supp. No. 18)
Page 6 of 10
Vehicle—Parts sales,
retail
□ □ □ □ □ P □ □ P □ P P □ □ □
Vehicle sales—
Retail, new
automobiles*(45)
□ □ □ □ □ P □ □ P □ P P □ □ □
Vehicle sales—
Retail, used
automobiles*(45)
□ □ □ □ □ SE □ □ SE □ SE SE □ □ □
Vehicle sales—
Wholesale dealer,
online independent
dealer *(46)
P □ P □ □ P P P P □ □ □
Recreation, Entertainment Type Uses
Amusement parks,
stadiums, arenas*(5)
□ □ □ □ □ □ P P □ □ □ □ P □ □
Arcade, video
games, electronic
gaming
□ □ □ P □ P P P P □ P P □ □ □
Casino gaming
facility
□ □ □ □ □ □ P P □ □ □ □ □
Miniature golf,
driving range
□ □ □ P □ P P P P □ P P P □ □
Sport shooting range
(indoor)
*(26)
□ □ □ □ □ SE □ □ SE □ SE SE □ □ □
Race track—Horse □ □ □ □ □ □ P P □ □ □ □ □ □
Sports fields, batting
cages, basketball
courts, racket ball
courts, sporting
activities, bowling
alleys—Indoor
□ □ □ P □ P P P P □ P P P □ P
Sports fields, batting
cages, basketball
courts, racket ball
courts, sporting
activities—Outdoor
□ □ □ SE □ SE P P P □ P P P SE P
Restaurant, Food and Beverage Service Type Uses
Adult entertainment
establishment*(2)
□ □ □ □ □ □ □ □ □ □ P P □ □ □
Bar/lounge, wine
tasting room
*(10)
□ □ □ □ □ P P P □ □ □ □ □ □ □
Box lunches,
distribution*(14)
□ P P P
Catering
service*(15)
□ □ □ P □ P P P P P P P □ □ □
Page 16 of 31Ordinance No. 2026-008-497
Docusign Envelope ID: 0C7D02F6-E826-8F6A-80D5-70314C3DC0E2
Created: 2025-10-01 16:32:37 [EST]
(Supp. No. 18)
Page 7 of 10
Nightclub,
discotheque, club,
cabarets
□ □ □ □ □ SE P P □ □ SE SE □ □ □
Restaurant—Sports,
amusement,
coffee/sandwich
shop, cafeteria,
outdoor café, food
hall*(37)
□ □ □ P P P P P P P P P P P □
Microbrewery*(36) □ □ □ □ □ SE P P P □ P P □ □ □
Places of Assembly Type Uses*(33)
Auction house—
Indoor*(33)
□ □ □ □ □ □ □ □ P □ P P □ □ □
Banquet hall*(33) □ □ □ SE P SE SE SE SE □ SE SE □ □ □
Funeral homes*(33) □ □ □ □ □ P □ □ P □ P P □ □ □
Place of religious
assembly*(33)
□ □ □ P P P P P P □ P P □ □ □
Private clubs, not
public*(33)
□ □ □ P □ P P P P □ P P □ □ □
Theater (movie,
performing arts)
*(33)
□ □ □ P □ P P P P □ P P □ □ □
Commercial Type Uses
Convenience
store*(18)
□ □ □ P □ P □ □ P □ P P □ □
Donated goods
center—
New/used*(23)
□ □ □ P □ P □ □ P □ P P □ □ □
Drug, pharmacy
store *(19)
□ □ □ □ □ P □ □ P □ P P □ □ □
Flea market*(24) □ □ □ □ □ □ □ □ SE □ SE SE □ □ □
Food specialty store □ □ □ P □ P P P P □ P P P □ □
Grocery store □ □ □ P □ P P P P □ P P P □ □
Liquor package store □ □ □ □ □ P □ □ P □ P P □ □ □
Pawn shop □ □ □ □ □ □ □ □ SE □ SE SE □ □ □
Greenhouse, plant
nursery, retail or wholesale
□ □ □ SE P SE □ □ P □ P P □ P □
Retail—Big box, club
membership,
department
□ □ □ □ □ SE □ □ P □ P P □ □ □
Retail—General,
single use
□ □ □ P □ P P P P P P P P □ □
Retail sales
discount—Less than
12,000 square feet
that offer for sale a
combination and
variety of
□ □ □ SE □ SE □ □ SE □ SE SE □ □ □
Page 17 of 31Ordinance No. 2026-008-497
Docusign Envelope ID: 0C7D02F6-E826-8F6A-80D5-70314C3DC0E2
Created: 2025-10-01 16:32:37 [EST]
(Supp. No. 18)
Page 8 of 10
convenience
shopping goods and
consumer shopping goods/except for
alcoholic beverages
and continuously
offer a majority of
the items in their
inventory for sale at
a price less than
$10.00 per item
Retail—Home
improvement,
building materials*
(35)
□ □ □ □ □ P □ □ P □ P P □ □ □
Secondhand
merchandise
store/consignment
store
□ □ □ □ □ SE □ □ P □ P P □ □ □
Smoke shop/vape
shop
□ □ □ □ □ SE □ □ SE □ SE SE □ □ □
Office Type Uses
Call center □ □ □ P □ P P P P P P P □ □ □
Office—Business,
sales, professional,
semi-professional
services
□ □ □ P P P P P P P P P P □ □
Office—Medical
office/medical clinic
□ □ □ P P P P P P P P P P □ □
Service Type Uses
Animal grooming
and pet sitting—indoor
□ □ □ P P P □ □ P P P P □ P □
Animal
hospital/veterinarian
clinic*(6)
□ □ □ P □ P SE SE P P P P □ P □
Animal kennel—
Commercial
boarding dog
training facility* (7)
□ □ □ □ □ SE □ □ SE □ SE SE □ P □
Animal shelters □ □ □ □ □ SE □ □ P □ P P □ P □
Blood banks,
diagnostic medical
treatment centers
□ □ □ P □ P □ □ P P P P □ □ □
Check cashing, bill
payments
□ □ □ P □ P □ □ P P P P □ □ □
Copy, printing center □ □ □ P P P P P P P P P P □ □
Cosmetic surgery,
beauty clinics
□ □ □ P P P P P P P P P P □ □
Page 18 of 31Ordinance No. 2026-008-497
Docusign Envelope ID: 0C7D02F6-E826-8F6A-80D5-70314C3DC0E2
Created: 2025-10-01 16:32:37 [EST]
(Supp. No. 18)
Page 9 of 10
Customer service
center
□ □ □ P □ P P P P P P P □ □ □
Dry cleaning □ □ □ P □ P P P P □ P P □ □ □
Equipment and tool
rental
□ □ □ □ □ P □ □ P □ P P □ □ □
Financial institution -
banks, credit unions,
investment
brokerage
establishments,
ATM*(25)
□ □ □ P □ P P P P P P P P □ □
Health club, fitness
club
□ □ □ P □ P P P P □ P P P □ □
Laundromat, self-
service
□ □ □ P □ P □ □ P □ P P □ □ □
Package shipping,
mail service
□ □ □ P P P P P P P P P P □ P
Personal care
services
□ □ □ P P P P P P P P P P □ □
Repair and service
shop—General
merchandise
□ □ □ P □ P □ □ P □ P P □ □ □
Self-service storage
facility
*(38)
□ □ □ □ □ SE □ □ P □ P P □ □ □
Studios—
Photographic, and
instructional
□ □ □ P □ P P P P P P P P □ □
Tattoo parlor, body
piercing
□ □ □ □ □ P □ □ P □ P P □ □ □
Other Uses
Cemetery,
mausoleums,
crematory*(16)
□ □ □ □ □ □ □ □ SE □ SE SE □ SE □
Small wireless
facility*(44)
P P P P P P P P P P P P P P P
Wireless antennas
and support
services*(43)
SE SE SE SE □ SE SE SE P SE P P SE SE P
Industrial Type Uses
Warehouse,
distribution center,
light production,
light assembly*(48)
□ □ □ □ □ □ SE SE P □ P P □ □ □
Dry cleaning—
Commercial laundry
plant
□ □ □ □ □ □ □ □ P □ P P □ □ □
Industrial uses—
Heavy*(29)
□ □ □ □ □ □ □ □ □ □ □ P □ □ □
Page 19 of 31Ordinance No. 2026-008-497
Docusign Envelope ID: 0C7D02F6-E826-8F6A-80D5-70314C3DC0E2
Created: 2025-10-01 16:32:37 [EST]
(Supp. No. 18)
Page 10 of 10
Industrial uses—
Light,*(30)
□ □ □ □ □ □ □ □ P □ P P □ □ □
Laboratory—
Medical, research,
testing
□ □ □ □ □ □ SE SE P □ P P □ □ □
Maker space(43) P P P P
Radio and TV studio,
music production,
movie studio
□ □ □ SE □ SE SE SE P □ P P □ P P
Recycling facility,
refuse disposal
□ □ □ □ □ □ □ □ P □ P P □ □ P
Salvage yard,
junkyard*(40)
□ □ □ □ □ □ □ □ P □ P P □ □ □
Showrooms, retail
sales
□ □ □ P □ P P P P □ P P □ □
Showrooms,
wholesale sales
□ □ □ □ □ □ □ □ P □ P P □ □
Wholesale fireworks
and wholesale or
retail sparklers in
accordance with F.S.
§ 791.04 and F.S. §
791.015
□ □ □ □ □ □ □ □ P □ P P □ □ □
Agricultural Type Uses
Farms—Produce,
livestock
□ □ □ □ □ □ □ □ P □ □ □ □ P □
Farmer's
market*(34)
P P P P P P P P P P P P P P P
Urban agricultural
gardens*(42)
SE SE SE SE SE SE SE SE □ SE □ □ P P P
Page 20 of 31Ordinance No. 2026-008-497
Docusign Envelope ID: 0C7D02F6-E826-8F6A-80D5-70314C3DC0E2
Created: 2025-10-01 16:32:37 [EST]
(Supp. No. 18)
Page 1 of 2
ARTICLE IX. - GENERALIZED SCHEDULE OF PERMITTED USES, USES PERMITTED WITH EXTRA
REQUIREMENTS, SPECIAL EXCEPTION USES AND PROHIBITED USES
Sec. 34-288. Uses permitted with extra requirements.
(41) Residential, single-family, detached; residential, two-family, duplex; residential, townhouse;
multifamily, mixed use.
a. All development shall be on platted lots in accordance to article VII of this chapter.
b. Individual duplex and townhouse units shall be developed on individually platted lots.
c. Townhouse developments shall have a minimum building grouping of three units up to a
maximum of six units per grouping.
d. Unless otherwise permitted, only use as a one-family residence shall be permitted. Unless
otherwise expressively permitted by this chapter, each dwelling unit on a lot shall be used as a
one-family residence. Where an accessory dwelling unit (ADU) is permitted and approved in
accordance with Section 34-313, only one principal dwelling unit and one accessory dwelling unit
shall be allowed on the lot.
e. Prima facie evidence of illegal multiple family use or illegal subdivision of a residence. It shall be
presumed that a multifamily an illegal multiple family use or illegal subdivision of a residence has
been established when one or more of the following conditions are observed in excess of, or not
shown on, an approved building permit or any approved accessory dwelling unit (ADU):
1. There are two or more electrical, water gas or other types of utility meters, or mailboxes on
the premises.
2. There is evidence of a liquid propane (LP) gas tank installed in an unauthorized detached
structure on the premises.
3. There is more than one cooking area in the primary structure.
4. All living areas within the dwelling are not logically interconnected.
5. Rooms with separate outside entrance that can be logically partitioned to be exclusive of
all other living areas of the residence.
6. Multiple paved numbered parking spaces.
7. An unauthorized detached building with air conditioning, or interior cooking areas or utility
meters.
8. There is more than one different house address unit number posted on the premises.
9. An advertisement indicating the availability of more than one living unit on the premises.
10. An unpermitted exterior door.
11. A second kitchen or facilities for cooking provided not exclusively for servant use or
religious purposes.
f. The presumption may be rebutted by the property owner with upon submission of the following,
unless otherwise determined by the Planning and Zoning Director or designee: (1) a valid building
permit of record; (2) a current floor plan prepared by a design professional showing all living
areas are part of a single-family dwelling and any approved ADU; (3) a notarized owner affidavit
Page 21 of 31Ordinance No. 2026-008-497
Docusign Envelope ID: 0C7D02F6-E826-8F6A-80D5-70314C3DC0E2
Created: 2025-10-01 16:32:37 [EST]
(Supp. No. 18)
Page 2 of 2
and; (4) an inspection of the interior of the dwelling by the compliance officer. the submission of
a valid building permit of record and with a current floor plan prepared by an engineer or
architect, surveying the residence and accessory structures and showing all rooms are
interconnected as a single-family dwelling accompanied by a notarized affidavit from the
property owner attesting that the residence or accessory structure is being maintained for single-
family occupancy and/or substantiated by an interior inspection of the dwelling by a compliance
officer. If the compliance officer is able to enter the interior of the property and verify its use as a
single-family dwelling, and property is constructed in accordance with building permit of record,
the property owner is exempt from the submission of a current plan.
g. If it is found that adequate evidence of an illegal multiple use or illegal subdivision of a unit has
occurred it shall be considered a violation of this chapter.
h. Nothing contained in this section shall prevent the enforcement actions authorized by this Code
independent of this subsection.
i. Work/live loft shall be permitted subject to the following:
1. The residential living area shall be incidental and subordinate to the business or workspace
area
2. The residential living area shall not occupy more than ten percent of the workspace or
business area and shall not be larger than 600 square feet, whichever is less.
3. Residential unit shall be accessed from inside the business. No separate outside entrance
shall be permitted.
4. Where there are multiple businesses within a single building or structure, only one
residential living area shall be permitted per business.
5. The residential living space shall be contained within the same structure as the workspace
and must be occupied by the business operator. No portion of the unit may be rented or
sold separately.
6. Parking must be provided in accordance with article XII of this chapter.
Page 22 of 31Ordinance No. 2026-008-497
Docusign Envelope ID: 0C7D02F6-E826-8F6A-80D5-70314C3DC0E2
Created: 2025-10-01 16:32:37 [EST]
(Supp. No. 18)
Page 1 of 4
ARTICLE X. - ACCESSORY USES AND STRUCTURES
Page 23 of 31Ordinance No. 2026-008-497
Docusign Envelope ID: 0C7D02F6-E826-8F6A-80D5-70314C3DC0E2
Created: 2025-10-01 16:32:37 [EST]
(Supp. No. 18)
Page 2 of 4
Sec. 34-311. Accessory use table.
The following accessory use table shall be used to determine the required zoning district of which a use may be established. Unless otherwise stated,
setback and spacing regulations shall be in compliance with section 34-342, table 1. Additional standards shall be complied with for the establishment of the
accessory use.
LEGEND
P means the use is permitted in the corresponding zoning district.
means the use is prohibited in the corresponding zoning district.
*(#) means additional requirements and criteria must be met in order for the use to be permitted per the criteria in Section 34-312.
Accessory Use Generalized Table by Zoning District
Zoning District/ Accessory Use
and Structures
R-1 R-2 R-15,
R-25,
R-50
NC PCD OF BTO I-1 I-2 INN PD AU GP PACE EO
Accessory Dwelling Unit (ADU)
See Section 34-313
P
Awnings, canopies, roof
overhangs, balconies,
architectural structures*20, 22
P P P P P P P P P P P P P P P
Carports*21, 22 P P
Commercial recyclable
material storage
area*10
P P P P P P P P P P P
Construction trailer—
Temporary trailer used as
sales office*17
P P P P P P P P P P P P P P
Ice and propane storage*24 P P P P P P P P P
Home-based business*25 P P P P P P P P P P
Donation bins*15 P P P P P P P P Page 24 of 31Ordinance No. 2026-008-497
Docusign Envelope ID: 0C7D02F6-E826-8F6A-80D5-70314C3DC0E2
Created: 2025-10-01 16:32:37 [EST]
(Supp. No. 18)
Page 3 of 4
Dormitories, fraternity or
sorority
house*26
P P
Drive-thru facilities*23 P
Dumpster enclosures*9 P P P P P P P P P P P P P P P
Gatehouses, guardhouses*19 P P P P P P P P P P P
Generators—Permanent*5 P P P P P P P P P P P P P P
Maintenance building
commercial,
industrial*8
P P P P P P P P
Mobile medical, professional
unit*18
P P P P P P P P P P P
Multifamily recyclable
material storage
areas*11
P P P P P P
News kiosk*14 P P P P P P P P P P
Outdoor dining*6 P P P P P P P P P P
Outdoor grilling,
commercial*7
P P P P P P P P P P
Outdoor storage, open air
storage, including vehicles and
shipping containers *12
P P P P P
Portable storage units*4 P P P P
Pool screened enclosures,
covered patio, lanai, gazebo,
pergola*3
P P P P P P P
Swimming pools, spas*2 P P P P P P P P P P
Utility sheds, storage shed*1 P P P P P P
Vending machines, video
arcade games*13
P P P P P P P P P P P
Watchman, manager or
caretaker quarters—
Permanent, temporary*16
P P P P P P P P P P Page 25 of 31Ordinance No. 2026-008-497
Docusign Envelope ID: 0C7D02F6-E826-8F6A-80D5-70314C3DC0E2
Created: 2025-10-01 16:32:37 [EST]
(Supp. No. 18)
Page 4 of 4
Note: See additional standards and requirements and criteria for specific accessory uses set forth in section 34-312 and the master use list in appendix A of
section 34-733.
Page 26 of 31Ordinance No. 2026-008-497
Docusign Envelope ID: 0C7D02F6-E826-8F6A-80D5-70314C3DC0E2
Created: 2025-10-01 16:32:37 [EST]
(Supp. No. 18)
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ARTICLE X. - ACCESSORY USES AND STRUCTURES
Secs. 34-313—34-341. Reserved.
Sec. 34-313. Accessory Dwelling Units (ADUs).
1. Purpose and intent. It is the intent of the City that accessory dwelling units remain clearly subordinate and
accessory to the principal single‑family dwelling on the lot, and not be used as a basis to convert R‑1 districts
into multifamily or transient lodging districts. ADUs shall be designed, occupied, and maintained in a manner
that preserves the single‑family appearance and scale of R‑1 neighborhoods, avoids excessive concentrations of
units vehicles, recreational of useprevents and the and infrastructure traffic, parking, undue or impacts,
temporary structures, or similar units as dwelling units, whether licensed or unlicensed, occupied or unoccupied.
The regulations of this section are further intended to ensure compatibility of ADUs with surrounding properties
through appropriate standards for size, height, placement, access, and design.
2. Conflict with other regulations. In the event of any conflict between the provisions of this section governing
accessory dwelling applicable R to code units of provisions and any other this -1 Single- DwellingFamily
Residential, the provisions of this section shall control for the purposes of regulating accessory dwelling units.
3. Administration. The Planning and Zoning Director or designee shall be responsible for the administration and
enforcement of this section as it relates to accessory dwelling units.
a. oApproval processed in zoning review administrative an as be shall dwelling unit accessory anf
conjunction with, or prior to, the issuance of a building permit. No accessory dwelling unit shall be
established, constructed, enlarged or altered without all required zoning approvals and building
permits first being obtained.
b. Applications for an accessory dwelling unit shall be submitted on forms provided by the City and shall be accompanied by the required fee, a site plan and floor plan, and any additional information the
Planning and Zoning Director or designee deems necessary to determine compliance with this section
and other applicable regulations.
c. As a condition of approval, the Planning and Zoning Director or designee, shall require recordation of
an affidavit, declaration of use or other instrument, in a form acceptable to the City Attorney, providing
notice of the existence and permitted use of the accessory dwelling unit and agreeing to comply with
the standards of this section.
d. No accessory dwelling unit shall be occupied until a certificate of occupancy and, where applicable, a
certificate of use, permit or registration has been issued in accordance with the building code and this
chapter. Continued operation of the accessory dwelling unit shall remain subject to inspections and
any renewal requirements established by the City, whether by ordinance, resolution, or administrative
regulation.
e. Violations of this section, including operation of an accessory dwelling unit without required approvals
or contrary to the limitations of this section, shall constitute a violation of this chapter and shall be
subject to enforcement and penalties as provided in the general enforcement provisions of the City’s
Code of Ordinances.
4. General requirements.
a. The accessory dwelling unit may be attached to or detached from the principal residence.
b. Conversion of an existing garage or carport to an accessory dwelling unit is prohibited, and no
accessory dwelling unit shall be approved within any space required or designed for vehicle parking.
c. Accessory dwelling units shall be excluded from the City’s residential density calculations.
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d. Number and use.
I. Accessory dwelling units (ADUs) are permitted only on lots containing an existing, lawful
single-family dwelling located within the R-1 Single Family Residential zoning district. Only
one (1) accessory dwelling unit shall be permitted per lot. The lot shall contain a minimum
area of 7,500 square feet to qualify for an accessory dwelling unit. The addition of an ADU
shall not alter the single-family classification of the lot or dwelling, nor be deemed to create
a duplex, multifamily use or mixed-use on the property.
II. The accessory dwelling unit must remain ancillary and subordinate to the principal residence.
III. The principal residence and ADU together may not be used for commercial or institutional
uses beyond those otherwise allowed in R 1.
IV. Accessory dwelling units shall not be eligible for administrative variances or waivers from
minimum lot area, maximum floor area or unit size, maximum height, minimum off-street
parking requirements, minimum building separation or maximum lot coverage standards.
Administrative variances for ADUs shall be limited to setback adjustments in accordance with
Section 34-50, and any such variance shall not reduce a required setback by more than 25%.
V. Accessory dwelling units shall not be eligible for variances to increase the number of ADUs
beyond one per lot or to allow separate sale or conveyance of an ADU.
VI. The accessory dwelling unit shall not be sold, transferred, or conveyed separately from the
principal residence and shall not be subdivided as a separate lot or condominium unit.
VII. A recreational vehicle, travel trailer, park trailer or similar motorized or towable vehicle shall
not be used or occupied as an accessory dwelling unit.
e. Accessory Dwelling Unit (ADU) Permit.
I. Permit required. No accessory dwelling unit shall be occupied or offered for occupancy
unless City the by issued been has and permitunitdwellingvalid accessory a (“permit”)
remains in effect.
II. A permit shall be issued only to the fee simple owner of the property on which the ADU is
located. Permits shall be personal to the fee simple owner and shall automatically terminate
upon transfer of title to the property, unless the new owner applies for and obtain renewal
of the permit within thirty (30) days of transfer of title.
III. The permit shall be valid for a period of one (1) year from the date of issuance, unless earlier
suspended or revoked, and shall be renewed annually whether the ADU is rented, vacant, or
occupied without rent.
IV. An interior inspection and exterior inspection of the accessory dwelling unit and premises
shall required prior be initial issuanceto to renewal each verify with andof the permit
compliance with all applicable regulations.
V. It shall be unlawful to operate or occupy an accessory dwelling unit without a valid permit
under this section.
f. Occupancy.
I. Occupants of an accessory dwelling unit are not required to be related to the occupants of
the principal residence.
II. The accessory dwelling unit may be rented to occupants for a fee or occupied without rent.
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III. Either the principal residence or the ADU shall be occupied by the property owner as their
primary residence.
IV. The owner occupancy requirement shall be maintained for the duration of the permit, and
proof of homestead exemption shall be required at time of initial application and at each
permit renewal.
V. If the property owner ceases to occupy the principal residence or the ADU as their primary
residence, the permit for the ADU shall be suspended and may be revoked until the owner
occupancy condition is reestablished.
Sec. 34-314. Attached Accessory Dwelling Units (Attached ADUs).
1. Definition. An attached Accessory Dwelling Unit (Attached ADU) is a secondary, self-contained residential
unit that shares at least one common wall with the principal residence and includes independent living,
sleeping, kitchen, and bathroom facilities.
2. Dimensional and design standards. Attached ADUs shall be architecturally consistent with the principal
building structure, utilizing similar materials, roof pitch, windows, and design features.
3. exceed notshall attachedan ADU heightThe coverage. lotandHeight of heightthe principal theof
residence and shall not include a second story where the principal dwelling is a single-story structure. The
attached ADU must comply with the underlying district’s maximum coverage limits.
4. Parking. Attached ADU shall provide one (1) additional on-site parking space. Required ADU parking shall
not be located on landscaping areas or unpaved surfaces.
5. Entrances and egress.
a. The primary entrance to an attached ADU shall be located on the side or the rear of the principal
residence and shall not face the front yard or primary street frontage.
b. entranceAn internal ADUattachedto an throu shared gh a interior hallway within the principal
residence is permitted, provided that the principal residence and the attached ADU each maintain
their own separate, independently accessible entrance.
6. Floor area.
a. Minimum size shall not be less than 400 square feet.
b. Maximum size shall not exceed 50% of the principal residence building footprint or 800 square feet,
whichever is less.
c. coverage lotmaximum withcomply shall the ADU attached dwelling and principalThe together
permitted in the zoning district. In case of conflict between the ADU size and lot coverage, the lot
coverage requirement shall prevail.
7. Setbacks. Attached ADUs shall conform to the setback requirements of the principal building.
8. Addressing. unitoraddress separate A attached but may be required,not isADUan designation for
assigned by the City in accordance with its addressing standards.
9. Utilities. All utility work shall be permitted and inspected.
10. Impact fees. Attached ADUs are subject to applicable City impact fees.
11. Building code and flood requirements. All attached ADUs shall comply with the Florida Building Code.
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Sec. 34-315. Detached Accessory Dwelling Units (Detached ADUs)
1. Definition. A Detached Accessory Dwelling Unit (Detached ADU) is a separate dwelling unit located on the
same lot as a single-family residence independent and detached from the primary building, containing
sleeping, living, kitchen and bathroom facilities.
2. Façade and architectural compatibility. The detached ADU shall be designed to be visually compatible with
the principal residence, utilizing similar exterior materials, roof pitch, and color schemes. Separate fencing
to isolate the ADU is prohibited.
3. Height. The height of a detached ADU shall not exceed the height of the principal residence. A detached
ADU may be two (2) stories only if the principal dwelling is two (2) stories; where the principal dwelling is a
single-story structure, the detached ADU shall be limited to a single story.
4. Placement and orientation.
a. No detached ADU shall be located in front of the principal residence or within the required front yard.
A detached ADU shall be located to the rear of the principal residence and behind the rearmost wall.
b. The detached ADU entrance shall face the same direction as the principal residence or toward the
interior of the lot and shall not directly face a neighboring side yard or interior side lot line.
5. Parking. Detached ADUs shall provide one (1) additional on-site parking space. Required ADU parking
shall not be located on landscaping areas or unpaved surfaces.
6. Floor area and lot coverage
a. Minimum size shall not be less than 400 square feet
b. Maximum size shall not exceed 50% of the principal residence building footprint or 800 square feet,
whichever is less.
c. The detached ADU, together with all other impervious surfaces in the rear yard, shall comply with the
maximum impervious area limit for the rear yard. In case of conflict between the ADU size and the rear
yard impervious area limit, the impervious area limit shall prevail.
7. Setbacks.
a. Front: No detached ADU shall be located within the required front yard.
b. Rear: 15 feet minimum
c. Side (interior): 7.5 feet minimum
d. Side (street facing): 15 feet minimum
e. Separation from principal residence and other accessory structures: 5 feet minimum
12. Addressing. A separate address or unit designation for a detached ADU is not required, but may be
assigned by the City in accordance with its addressing standards.
13. Utilities. All Utility work shall be permitted and inspected.
14. Impact fees. Detached ADUs are subject to applicable City impact fees.
8. Building Code and Flood Requirements. All detached ADUs shall comply with the Florida Building Code.
Secs. 34-316—34-341. Reserved.
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ARTICLE XIX. DEFINITIONS AND RULES OF CONSTRUCTION
Sec. 34-732. Definitions of terms.
Accessory Dwelling Unit
Attached (Attached ADU) means a secondary, self-contained residential unit that shares at least one
common wall with the principal residence and includes separate entrance, independent living, sleeping, kitchen,
and bathroom facilities.
Detached (Detached ADU) means a separate dwelling unit located on the same lot as a single-family
residence independent and detached from the primary building, containing sleeping, living, kitchen and bathroom
facilities.
Dwelling means a building or portion thereof designed or used exclusively for residential occupancy, but not
including trailers, campers, mobile homes, hotels, motels, motor lodges, boarding houses, or tents. This term
includes accessory dwelling units where permitted by this chapter.
Dwelling unit means a building or portion thereof used as a dwelling exclusively for one family, in which all
living rooms are accessible to each other from within the building, and which contains living areas, sleeping
quarters, cooking facilities, sanitation, heating and air conditioning independent of those for any other family.
Dwelling, Accessory Dwelling Unit. See Accessory Dwelling Unit, attached (Attached ADU) Accessory Dwelling
Unit, detached (Detached ADU).
Dwelling, single-family means a building containing a single dwelling unit, situated on its own lot. Shall mean
the same as single-family detached dwelling unless the context specifies otherwise. The presence of an accessory
dwelling unit (ADU) on the lot shall not change the classification of the dwelling, lot or property from single-family
to duplex, townhouse, multifamily or mixed-use.
Density means a measure of residential intensity that is expressed in "dwelling units per acre"
(du/ac). Density is calculated by dividing the number of dwelling units by the area of the lot expressed in acreage.
The acreage of land area used in density calculations is the gross acreage, unless otherwise specified in these
regulations. Accessory dwelling units, as defined in this section, shall be excluded from the City’s residential
density calculations.
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