Accessory Dwelling Units or Guesthouses

• Use is limited to one ADU on the property, and the use must be ancillary.
• Occupant does not have to be the family of the occupant of the primary structure.
• Can be rented for a fee.
• Updated information for occupants of an ADU must be updated when occupancy changes or upon renewal.
• ADU may be attached or detached.
• Renewable Certificate of Use. Only the owner of the property may obtain a CU for an ADU.
• One-time interior inspection, and exterior inspections for CU renewals.
• ADU can have a separate address, entrance, and/or separate utilities from the principal structure.
• If ADU is detached, the height of the structure cannot exceed the height of the principal structure.
• Setback requirements still apply for detached structures.
• An RV cannot be used as an ADU.
• An ADU can be converted into a guesthouse if the CU is updated and the declaration for a guesthouse is submitted.
• The Certificate of Use for an ADU must be renewed whether the unit is being rented or not.
• An ADU is not a duplex and cannot be sold independently of the principal building.

• Guesthouses will now be permitted in RU-1 zoning districts, previously only permitted in EU and AU districts.
• Setback requirements still apply for guesthouses.
• Required to obtain a permanent Certificate of Use and sign a declaration stating that the use of the structure will be for a guesthouse.
• Occupancy is limited to the family of the occupant of the main structure.
• A guesthouse may not be rented, only gratuitous guests.
• A guesthouse may be converted into an ADU if the CU is updated and renewed annually.
• A guesthouse may not have a separate address, and/or utilities.
• All legal existing Guesthouses will require a permanent CU.
• If a guesthouse exceeds 800 Sq ft, it cannot be used as an ADU.

• Zone: One accessory unit per lot shall be permitted in the following zoning districts located inside of the Urban Development Boundary: AU, EU, and RU, as well as GU for properties that are trended to AU, EU, or RU.
• Lot Size: Lot must be a minimum of 7,500 Sq ft.
• Accessory Dwelling Size: Must be between 400-800 Sq ft in RU-1 districts.
• Maximum Number of Accessory Units: One (1) accessory unit is allowed on a lot developed with a principal single-family dwelling.
• Certificate of Occupancy requirements: Yes (meaning, the structure must be legal and shall not be undergoing construction). See CU requirements below.
• Overnight occupancy: maximum of two persons per bedroom, excluding children under three (3) years of age.
• Guesthouses: The occupancy of a guesthouse is limited to the family, as defined in section 33-1, that occupies the principal dwelling.
• Parking: Maximum of 1 additional parking space and not more than 2 vehicles; parking must be within the same property or in the adjacent swale.
• Vacation Rentals: Areas assigned for an ADU, or a guesthouse cannot be used as vacation rentals on their own. The vacation rental must be for the entire property.
• Zoning Review: Administrative site plan review required.
• Homes that belong to a Community Association (HOA’s) need proof of notification to a homeowner’s association
• Neighborhood Characteristic: The principal structure has the same exterior finish and roof style as the principal structure.
• Detached units may not be in front of the principal structure.
• The property owner cannot live in the ADU or Guesthouse.
• Only the owner of the property may obtain a CU for an ADU, which would be a renewable CU.
• One-time interior inspection, and exterior inspections for CU renewals.
• Setback requirements still apply for detached structures.
• An ADU can be converted into a guesthouse if the CU is updated and the declaration for a guesthouse is submitted.
• The Certificate of Use for an ADU must be renewed whether the unit is being rented or not.

You may apply for a Certificate of Use via the portal. In addition to zoning and lot size requirements, you will also need to comply with and consider:

• Minimum and maximum floor area requirements
• Building code requirements
• Location on the lot
• Appearance standards
• Parking
• Impact fees required
• A completed ADU owner disclosure statement is required for all ADU applications

• Only the owner of the property may obtain a CU for an ADU, which would be a renewable CU.  

• One accessory unit per lot shall be permitted in the following zoning districts located inside of the Urban Development Boundary: AU, EU, and RU, as well as GU for properties that are trended to AU, EU, or RU.

• Property owners can obtain information on their zoning districts by visiting Miami-Dade Land Management. This tool allows you to look up zoning classification, hearings, density, and approved land uses. 

• Yes. Lot size must be a minimum of 7,500 Sq ft, and the dwelling size must be between 400-800 Sq ft in RU-1 districts.

• Yes. Maximum of one (1) additional parking space and not more than two (2) vehicles; parking must be within the same property or in the adjacent swale. 

• To construct an ADU or legalize an ADU, a building permit is required.

• Yes. This is allowed if they meet the other requirements for an ADU or Home Occupation. As long as both uses are ancillary.

• Yes. The CU would need to be changed and a declaration signed by the property owner. A guesthouse can also be changed to an ADU.

• No. For a guesthouse to be rented, it must first be converted into an ADU.

• Establishing an ADU on the property may affect the property taxes as a result of an increase to the property’s assessed value and may change the homestead exemption status of the property.  Any rental payments received from the rental of the ADU will be considered income when determining eligibility for the low-income senior and the long-term low-income senior property tax exemptions, which may result in the loss of the exemption(s) and substantially higher property taxes. The property owner is responsible to contact the Office of the Property Appraiser prior to renting the ADU or changing the use of the property to determine the possible property tax consequences. 

• The ADU is not intended for sale separate from the primary residence.

• The property owner is not required to live onsite. However, if the property owner lives on site, they must reside in the principle dwelling unit and not the ADU or guesthouse.

• No. CU only needs to be renewed for an ADU. 

• No. To be used as a vacation rental, the entire property, meaning the primary residence and ADU/Guesthouse must be included in the vacation rental.

• The process to legalize work without a permit is the same as applying for new project. You will be required to submit one set of drawn-to-scale plans showing all the work on the property to be reviewed and approved by all required disciplines. At a minimum, the plans should include the following: site plan, building floor plan and finish floor elevation, sufficient detail, where applicable, of any structural, electrical, mechanical, plumbing and roofing components. Additionally, on some projects, the department will accept a third-party certification by a licensed design professional such as an engineer or architect.