Assessing Your Property’s Opportunity Under Florida’s New ADU Zoning Laws

Before getting too far down the path of dreaming up plans for an accessory dwelling unit (ADU) on your property, it's essential that you first take a step back and thoroughly evaluate whether your lot is even suitable for an ADU at all. Not every property will be eligible to add an additional dwelling, so some upfront research and due diligence can save you from spinning your wheels on an ADU that can't come to fruition.

The key factors that determine whether you can build an ADU are spelled out in your local zoning code. Zoning regulations vary city by city and county by county, so you'll need to dive into the specifics for your particular jurisdiction. However, most zoning codes regulate several core elements related to ADUs:

• Maximum ADU size: Most zoning codes specify a maximum allowable square footage for an ADU or cap the ADU size at a percentage of the primary dwelling's size. In Florida, some jurisdictions cap ADUs at 500-1,000 square feet.
• Maximum ADU height: Zoning codes often limit the height of an ADU to one or two stories, or cap it at the height of the main house. Height restrictions are especially common in coastal areas prone to flooding.
• Minimum setbacks: Setbacks dictate how far your ADU must sit from the front, side, and rear property lines. In many cities, ADUs must be located behind the main house. Setbacks may also determine how close your ADU can be to the primary dwelling.
• Parking requirements: Many jurisdictions require you to provide one or two off-street parking spaces for your ADU in addition to the parking for your main home. However, some cities are starting to loosen or eliminate parking minimums, especially if your property is close to public transit.
• Owner occupancy rules: Some zoning codes require the owner of the property to live in either the primary dwelling or the ADU. In other areas, both units can be rented. Owner occupancy rules aim to prevent lots from becoming de facto duplexes.
• Utility connections: Zoning may dictate whether your ADU can connect to the main house's utility lines or if it must have separate hookups and meters. Tying into existing utilities is usually more cost-effective but not always allowed.
• Design standards: Some zoning codes include very specific requirements for how an ADU must look. For instance, the roof pitch, window proportions, and siding material may need to match the primary dwelling. The goal is for the ADU to blend into the neighborhood.

In the past, many Florida cities and counties prohibited ADUs entirely or made them very difficult to build by putting onerous restrictions in place. However, in recent years the Florida state legislature has been pushing local governments to ease up on ADU rules to help address the state's affordable housing crisis.

In June 2020, House Bill 1339 went into effect, requiring cities and counties to allow ADUs in any neighborhood zoned for single-family housing. While the state law doesn't override local zoning entirely, it aims to expand ADU access and prevent local governments from completely banning them.

Then in 2021, House Bill 401 and Senate Bill 1032 were introduced to further combat exclusionary zoning. If passed, the bills would require local jurisdictions to allow ADUs on any residential lot regardless of lot size. They would also standardize maximum size limits and cap utility connection fees. As of 2022, these bills are still winding through the legislature.

All of this is to say - it's a dynamic regulatory environment for ADUs in Florida right now. The state is putting pressure on cities and counties to streamline ADU permitting and make them easier to build, but there's still a wide range of zoning rules depending on exactly where you live.

Your very first step when considering an ADU should be to contact your city or county's planning and building department. Let them know you're interested in adding an ADU and ask for the full rundown of the current zoning regulations.

Some key questions to discuss with your local planners:

• What's the maximum ADU size allowed on my specific property and how is that calculated? Is size capped at an absolute square footage or a percentage of the main house size?
• How tall can my ADU be and does that height include any architectural features like dormers or pitched roofs?
• What are the required setbacks from the property lines and main house? Are there any easements on my property I need to avoid?
• How many parking spaces do I need to provide for the ADU? Is street parking allowed to count toward that number?
• Do I have to live in one of the units or can I rent out both the ADU and the main house? Does the owner occupancy requirement go with the ADU or the primary dwelling?
• Can my ADU share utility connections with the main house or do I need separate meters and hook-ups? What utility fees should I expect?
• Are there any special design requirements my ADU must meet in terms of roof pitch, window style, exterior materials, etc?
• What permits will I need to build an ADU and what are the fees? How long does ADU permitting typically take?
• Are there any other unique zoning rules or overlay districts that apply to my specific property that I should be aware of?

Getting absolute clarity on your property's ADU zoning parameters upfront will let you dream up a design that's actually achievable rather than having to go back to the drawing board later. It also allows you to accurately forecast your budget and timeline.

In addition to confirming your zoning compliance, you'll also want to analyze how an ADU would physically fit on your lot. Just because your property is zoned for an ADU doesn't mean it makes sense for your specific site conditions.

Walk your property and imagine different possible ADU locations. Some issues to look out for:

• Available space: Take a look at the overall shape and size of your lot. Where can you most comfortably tuck an ADU in without eating up too much yard? Don't forget to account for zoning setbacks.
• Shade and sun exposure: Consider how much direct sunlight different areas of your property get throughout the day. You might want to orient your ADU's windows and outdoor space to maximize natural light and warmth.
• Privacy: Think about sight lines to and from your neighbors' houses. Ideally, place your ADU in a spot that preserves everyone's privacy and minimizes views into windows and patios.
• Existing infrastructure: Note the locations of existing utility lines, septic tanks, sheds, fences, driveways, patios, and mature trees. While utilities can be rerouted, it's easier not to have to work around existing infrastructure if possible.
• Accessibility: Consider how the future occupants of your ADU will access the unit. Can you provide a convenient pathway from the street/driveway to the ADU entry without disturbing the main house? Is the route relatively flat and easy to navigate?
• Views and natural features: Look for opportunities to give your ADU great views of any streams, ponds, hills, or other natural features on your property. Capitalize on the unique character of your land.
• Noise and activity: Consider locating your ADU away from any busy streets, noisy neighbors, or high-activity outdoor areas of your property to maximize peace and quiet for ADU occupants.
• Landscaping: Think about how your ADU can nestle into the existing landscaping with minimal disturbance. Avoid spots that would require removing healthy mature trees or ripping out extensive plantings.

The goal is to choose an ADU location that provides some privacy from the main house, is convenient for the ADU occupants to access, capitalizes on your property's best natural features, and is realistic to build on from a cost and logistics perspective.

An experienced ADU builder or architect can be a huge help at this stage to assess your property and recommend optimal siting. They can also help you interpret your zoning regulations and tailor your ADU plans to your unique lot.

Many jurisdictions offer free or low-cost pre-application meetings where you can discuss your ADU plans with a planner or building official before formally submitting for permits. If your city offers this service, it's well worth scheduling a consultation to confirm you're on the right track.