ADU & Garage Conversions · South Florida

ADU Permitting & Zoning

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ADU Permitting & Zoning

Before any design work makes sense, there’s one question that has to be answered honestly: what is your specific property actually allowed to build? ADU rules in South Florida are a genuine patchwork — what’s legal three blocks away isn’t necessarily legal on your lot, and what a neighbor built last year might not reflect this year’s rules, or might not even be permitted correctly in the first place.

This page is about that upfront work: confirming your zoning district, checking lot size and setback requirements, reviewing HOA or deed restrictions that can be stricter than public zoning, and understanding exactly where your city or county stands on ADUs right now — not where a headline said the state was heading.

Florida has been actively debating a statewide ADU mandate for several legislative sessions running, and it’s worth understanding clearly: as of today, no such mandate is law. What’s legal still depends entirely on your specific city or county’s own ordinance — or the absence of one.

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Florida's ADU law is permissive, not mandatory.

Florida Statute 163.31771 allows a local government to adopt an ordinance permitting ADUs in single-family zones — it doesn’t require any city or county to do so. Where a local government does adopt an ADU ordinance under this statute, state law requires an affordability affidavit as part of the building permit application, attesting the unit will be rented at an affordable rate to a low- or moderate-income household — though local ordinances can add their own additional requirements on top of that baseline. Two recent legislative efforts to make ADU approval mandatory statewide — a 2025 bill and a related 2026 bill that passed the Florida Senate unanimously before dying in the House in March 2026 — both failed to become law. Expect this to resurface in a future session, but don’t build a plan around it happening.

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Miami-Dade's ordinance is the most defined in the tri-county area.

Unincorporated Miami-Dade, within the county’s Urban Development Boundary, has its own detailed ADU ordinance (adopted November 2022) permitting one accessory dwelling unit per single-family lot in specific zoning districts. It comes with real, specific requirements — a minimum lot size, a unit size range, a requirement that the property owner occupy the principal dwelling rather than the accessory unit, a minimum one-month lease term with no short-term rental of the unit, and limits on additional parking. These specifics matter enormously and must be confirmed against your exact parcel and zoning district before design — general averages aren’t a substitute for a parcel-specific check.

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Broward and Palm Beach remain a municipal patchwork.

Neither county has a single, unified county-wide ADU ordinance the way unincorporated Miami-Dade does. In Broward, individual cities set their own rules — Fort Lauderdale, for instance, has its own dedicated ADU ordinance in its municipal code — while other municipalities handle ADU requests case by case or haven’t addressed them specifically at all. Palm Beach County’s Unified Land Development Code addresses accessory structures and accessory dwellings, but requirements vary by municipality there too. Neither county can be treated as having one answer — the honest answer is “it depends on your specific city,” and we verify that rather than assume.

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What we actually check before design starts.

Our zoning review covers your parcel’s specific zoning district and any applicable overlay, lot size and setback compliance, floor-area-ratio or lot-coverage limits, HOA or deed restrictions (which are private agreements that can be more restrictive than public zoning and aren’t listed in any government database), flood zone and base flood elevation requirements, and parking requirements. We do this before design, not after, because a beautiful set of plans for a unit your property can’t legally support is an expensive way to find out the rules.

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Materials

Parcel Zoning District & Overlay Lookup

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Confirming your property’s exact zoning classification and any applicable overlay restrictions.

Setback, Lot Coverage & FAR Analysis

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Determining the buildable envelope your specific lot actually allows.

HOA & Deed Restriction Review

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Checking private restrictions that can be stricter than public zoning and aren’t in any government database.

Flood Zone & Elevation Requirement Check

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Confirming base flood elevation and site-specific requirements that affect foundation design.

Affordability Affidavit & Rental-Term Compliance Review

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Confirming what documentation and lease-term restrictions apply if you plan to rent the unit.

Variance or Special Exception Pathway Assessment

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Identifying the realistic path forward if your property doesn’t qualify for an ADU by right.

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What Drives The Cost

  • Jurisdiction Complexity — Some cities and counties require more review rounds and more documentation than others.
  • Variance or Special Exception Needs — Properties that don’t qualify by right require additional process, time, and often additional fees.
  • HOA Involvement — Coordinating both public zoning approval and private HOA approval adds a step some properties don’t need.
  • Affidavit & Compliance Documentation — Ordinance-required documentation, like an affordability affidavit, adds preparation time.
  • Survey & Elevation Certificate Needs — Some properties require a current survey or elevation certificate that others already have on file.
  • Plan Revision Rounds — Jurisdictions with more involved review processes tend to require more correction cycles before approval.

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Our Process

Zoning District Lookup

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HOA & Deed Restriction Review

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Feasibility Determination

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Permit Package Assembly

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Submission & Review Coordination

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Identify your property’s specific zoning classification and any applicable overlay districts through the relevant city or county’s official zoning records.

Check for private restrictions that may limit or prohibit ADU construction independent of what public zoning allows — these aren’t in any public zoning database and require direct document review.

Confirm lot size, setback, floor-area-ratio, and parking compliance to determine what size and type of unit is actually allowed on your specific lot.

Prepare the full application package, including any required affordability affidavit or local ordinance-specific documentation.

Submit to the relevant building and zoning departments and manage the review process through approval, addressing any requested revisions.

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Recent ADU & Garage Conversions Work

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ADU Permitting & Zoning Questions, Answered

1 How do I find out if my property even allows an ADU?

It starts with identifying your exact zoning district and checking whether your specific city or county has adopted an ADU ordinance that applies to that district — this varies enough between neighboring jurisdictions that we check it property by property rather than assuming based on general area.

2 What's the difference between my city's rules and my county's rules?

In unincorporated areas, county ordinances apply directly. Inside an incorporated city, that city's own municipal code typically governs instead — and cities within the same county can have very different ADU rules from each other and from the county's unincorporated areas. We confirm which jurisdiction actually governs your specific address.

3 Is a new state law going to force my city to allow ADUs?

Not currently. Recent bills that would have mandated ADU approval statewide have failed in the legislature multiple sessions running, most recently in March 2026. Florida's ADU statute remains permissive — it allows local governments to adopt ADU ordinances but doesn't require it. This could change in a future session, but it hasn't yet.

4 Do I need HOA approval separately from getting a county or city permit?

Often yes. HOA covenants are private agreements that can be more restrictive than public zoning, and passing county or city zoning review doesn't override an HOA restriction. We recommend checking both, and we flag this as part of our review.

5 My neighbor built an ADU — doesn't that mean I can too?

Not necessarily. Zoning can vary lot by lot even on the same street, ordinances can change between when your neighbor built and now, and there's always a chance your neighbor's unit wasn't permitted correctly in the first place. We verify your specific property rather than relying on what's next door.

6 What happens if my zoning doesn't currently allow an ADU on my lot?

Some jurisdictions have a variance or special exception process for properties that don't qualify by right, though it adds time and isn't guaranteed. We'll tell you honestly if that's the situation on your property and what the realistic path looks like.

7 How long does zoning review actually take before I can start design?

It varies by jurisdiction and by how straightforward your property's zoning situation is — a property that clearly qualifies under an existing ordinance moves faster than one requiring a variance or special review. We give you a realistic estimate once we've pulled your specific zoning information.

8 Can I do the zoning check myself before hiring a contractor?

You can start by looking up your property's zoning district on your county or city's public zoning map, but interpreting how ADU-specific ordinance language applies to your exact lot — setbacks, size limits, overlay districts — is where it gets genuinely easy to misread. We do this as a formal first step specifically to avoid costly misreads.

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