ADU rules in Broward County

Permitted by right, but only in a narrow set of districts. The Chapter 39 definition (Ord. 2022-48, Sec. 1) covers a unit 'on the same plot with a building or structure that is occupied by or devoted to a principal use,' i.e. a detached unit. The Sec. 39-249 use table lists 'Accessory dwelling' as P (Permitted) in the A-1 Agricultural Estate and A-2 General Agricultural districts, and the Sec. 39-263 table lists 'Accessory dwelling (subject to Section 39-272)' as P in the E-1 (1-Acre Estate), E-2 (2-Acre Estate), Rural Estate, and Rural Ranches districts, in both cases under 'Permitted accessory uses to a 1-family dwelling.' The Sec. 39-279 use table for the standard residential zoning districts (Article XVI) does not list accessory dwelling at all, so ADUs are not an authorized use there.

The Chapter 39 definition of accessory dwelling expressly includes a unit 'existing either within the same building or structure devoted to a principal use,' so an attached or internal unit with a separate kitchen, bathroom, and sleeping area qualifies. Sec. 39-272(c) requires at minimum one bedroom, one bathroom, and a separate entrance from the outside. Same district limits as detached: permitted only in A-1, A-2 (Sec. 39-249) and E-1, E-2, Rural Estate, Rural Ranches (Sec. 39-263); not listed as a use in the Sec. 39-279 residential district table.

Sec. 39-272(a): 'The maximum size of an accessory dwelling shall not exceed fifty percent (50%) of the principal structure, but not less than five hundred (500) square feet.' The unit must also have at least one bedroom, one bathroom, and a separate outside entrance (Sec. 39-272(c)).

Sec. 39-272 (read in full, subsections (a) through (e)) imposes no requirement that the owner live in either the principal home or the accessory dwelling. Instead of an owner-occupancy condition, the ordinance ties the building permit to an affordable-rental affidavit under Sec. 39-272(e).

Sec. 39-272(d): 'One (1) off-street parking space shall be provided per bedroom, in addition to the parking that may be required pursuant to Section 39-228 of the Code.' Sec. 39-228 (Number of offstreet parking spaces, Article XII) sets the base parking requirements for the principal use.

In the districts where it is allowed, an accessory dwelling is a by-right permitted accessory use: both the Sec. 39-249 (A-1, A-2) and Sec. 39-263 (E-1, E-2, Rural Estate, Rural Ranches) use tables mark it P (Permitted), not C (Conditional Use). Approval runs through a building permit, which must include the affordable-rental affidavit required by Sec. 39-272(e).

Sec. 39-272(e): a building permit application for an accessory dwelling 'must include an affidavit from the applicant attesting that the accessory dwelling will be rented at an affordable rate to an extremely-low-income, very-low-income, low-income, or moderate-income person or persons, as defined in Section 420.0004, Florida Statutes, as amended.' The ordinance is silent on short-term rental limits or minimum lease terms for the unit.