ADU rules in Monroe County

The Land Development Code affirmatively excludes ADU-type uses from accessory uses: 'Accessory uses shall not include secondary dwelling units or lock-out units or any other habitable structures that are occupied by a separate and independent household.' No zoning district or program in the code authorizes accessory dwellings; a full-text search of the Land Development Code, Code of Ordinances and Comprehensive Plan returns zero occurrences of 'accessory dwelling' or 'accessory unit'.

The dwelling unit definition excludes attached and internal secondary units: 'Dwelling units shall not include additional dwelling units, secondary dwelling units, lock-out units, or any other habitable structures that create a separate independent living area that are occupied by a separate and independent household, without an additional ROGO allocation or ROGO exemption.' The definition includes a building-configuration table used at plan review to prevent lock-out units (for example, a lockable internal connection plus a full kitchen is disallowed).

Because the code contains no ADU authorization, it sets no ADU size limit. Any additional dwelling unit would be a full dwelling unit requiring its own ROGO allocation or exemption under the county's rate-of-growth system.

Not applicable; no ADU provisions exist, so no owner-occupancy rule for ADUs can exist in the code.

The code has no ADU category, so it prescribes no ADU parking standard.

No permit pathway for an ADU exists because the use is not authorized. Any additional dwelling unit requires its own residential ROGO allocation or exemption; Sec. 138-19 defines the annual residential ROGO allocation as the maximum number of dwelling units for which building permits may be issued during an annual allocation period, and units compete through the ROGO application process.

Sec. 101-1 defines a vacation rental as a dwelling unit 'rented, leased or assigned for tenancies of less than 28 days duration.' Sec. 134-1(a) requires an annual, nontransferable special vacation rental permit for each dwelling unit before it is rented that way, and Sec. 134-1(k)(1) makes it unlawful to rent or advertise any dwelling unit for vacation rental use in a district where the use is prohibited. Sec. 130-83(b) states 'Vacation rental use is prohibited in all IS districts and subdistricts, except in' IS-V districts and controlled-access gated communities whose association expressly regulates vacation rentals, which matters because IS is the most common single-family district in the Keys. Permitted vacation rentals need a licensed vacation rental manager, one parking space per bedroom, and mailed notice to owners within 300 feet. None of this creates a path to an ADU; it governs existing lawful dwelling units only.