ADU rules in Clearwater

ADUs are a Level One (Flexible Standard Development) permitted use in the LDR, LMDR, and MDR residential districts, with detached units expressly contemplated (separate detached setback and height rows, and a shipping container may serve as a detached ADU if it fully complies with the Florida Building Code and is architecturally treated with windows, doors, cladding, porches, and/or decks). Detached ADUs may not be located between the right-of-way and the principal structure and are limited to 15 feet in height, up to 20 feet through Level One approval.

The definition covers a secondary dwelling unit within the same structure or on the same lot as a detached dwelling or nonresidential use. Attached ADUs must meet the principal dwelling's setbacks and their entrances may not be visible from the street.

Identical cap in the LDR, LMDR, and MDR districts. In nonresidential districts such as Commercial, the ADU instead may not exceed 25 percent of the floor area of the principal use. Detached ADU height is capped at 15 feet, or up to 20 feet with Level One approval, and never taller than the principal structure.

In the residential districts, either the principal detached dwelling or the accessory dwelling unit shall be occupied by the property owner. In the Commercial district the analogous requirement is that title to the unit be vested in the ownership of the principal use.

The LDR, LMDR, and MDR flexible standard tables list minimum off-street parking for an ADU as 0 to 1 space per unit, and one legal on-street parking space may be substituted in lieu of the required off-street space as determined by the City Engineer. The Commercial district table requires 1 space per unit.

ADUs are listed as Level One (Flexible Standard Development) permitted uses, which are reviewed and approved administratively by the city's professional staff (no public hearing), subject to the flexibility criteria in each district section. Chart 2-100 cautions that its X only indicates the use is permitted, not the nature of the approval required.

The ADU criteria are silent on renting the unit beyond requiring the owner to occupy one of the two units. Citywide, a residential use on residentially zoned property excludes rentals for periods of less than 31 days or one calendar month, whichever is less, and Sec. 3-919 sets prima facie evidence standards for enforcing that in residential districts, so an ADU there cannot be used as a short-term or vacation rental.