City · Florida

ADU rules in Tallahassee

3 sources

These are the primary sources for accessory dwelling unit regulations in Tallahassee: the city's own zoning code, planning department pages, and permit guides. Start here before talking to anyone: the rules below are what your permit reviewer will apply.

Rules at a glance

Detached (backyard) ADU
Allowed

An ADU 'shall be located as an attached or detached unit to a principal or accessory structure, so long as the height of the ADU is not greater than two stories.' Detached ADUs must be located in the interior side, side corner, or rear yard, not the front yard. ADUs 'may be allowed in all zoning districts' when the Sec. 10-412(1)b standards are met.

Land Development Code Sec. 10-412(1)b.2 and b.3
Attached or internal ADU
Allowed

The same provision allows the ADU as an attached unit to a principal or accessory structure, including entirely on the second floor above an accessory structure (in which case the whole structure is capped at two stories). The city's ADU page lists converted habitable space, a converted basement or attic, a converted garage and an expansion of the existing house as ADU forms. ADUs may be allowed in all zoning districts.

Land Development Code Sec. 10-412(1)b.2
Maximum size
1,200 sq ft gross floor area under roof, up to two stories

'ADUs shall not exceed 1,200 square feet of gross floor area under roof, provided that it can meet all other development standards.' Height may not exceed two stories. ADUs must meet the same setbacks and overall lot coverage requirements as the principal structure. The city's ADU page confirms: 'Citywide, ADUs can be up to 1,200 sq. ft. in size' and '2 stories in height.'

Land Development Code Sec. 10-412(1)b.2, b.4, and b.5
Owner occupancy
Not required

Sec. 10-412(1)b lists every requirement that 'shall be met' for an ADU and none involves owner occupancy. The Sec. 1-2 definition requires only that the ADU be 'a dwelling unit sharing ownership with a principal structure on a single property', not that the owner live on site. A client-wide full-text search of the city's codes finds 'owner-occupied' only in the inclusionary housing and site plan sections (Secs. 9-241, 9-245, 9-152), and neither the city's ADU page nor its March 2024 ADU Zoning Spotlight mentions an owner-occupancy rule.

Land Development Code Sec. 10-412(1)b; Sec. 1-2 (definition of accessory dwelling unit)
Extra parking
No ADU-specific parking requirement found

Sec. 10-412(1) imposes no parking requirement on ADUs, and the parking schedule has no ADU row. Ordinance 26-O-08 (passed June 10, 2026, effective on adoption, not yet codified) replaced the Sec. 10-358 schedule with one combined table: '1 & 2 family dwellings' need 2 spaces per unit (3 for larger homes), tandem spaces count, and developments in the Downtown Overlay are now exempt from parking minimums. The code does not say whether that per-unit rate applies to an ADU added to an existing house, so confirm with Growth Management before planning without a space. The driveway of a single- or two-family residence 'shall be counted as a parking space for the dwelling unit' (Sec. 10-337(f)).

Land Development Code Sec. 10-412(1); Sec. 10-358 as amended by Ord. No. 26-O-08, Sec. 134; Sec. 10-337(f)
Approval process
Permitted use

ADUs 'may be allowed in all zoning districts provided that all of the following requirements shall be met'; compliance is determined administratively by the land use administrator during project determination under Ch. 9, Art. III. No conditional use approval or public hearing is required by the section. The city's ADU Zoning Spotlight adds that 'Residential building permits will be required for all ADU construction.'

Land Development Code Sec. 10-412 (introductory paragraph) and Sec. 10-412(1)b
Rental restrictions
None found; the code is silent on ADU rentals

Sec. 10-412(1) contains no rental or tenancy restriction, and client-wide full-text searches of the Land Development Code and Code of General Ordinances return no hits for 'short-term rental', 'vacation rental' or 'transient rental'. The city's March 2024 ADU Zoning Spotlight answers 'am I allowed to rent it out? Yes, ADUs can be rented as either short term or long-term rentals at the discretion of the property owner.' Sec. 10-412(1)b.6 applies the rooming-house rules of Sec. 10-83 to ADU lots zoned RP-1, RP-2, R-1 and R-2 (a rooming house means four or more unrelated occupants). The city code does not copy the affordable-rent affidavit of F.S. 163.31771(4), and whether that statutory affidavit attaches to Tallahassee permits is unsettled.

Land Development Code Sec. 10-412(1)b.6; Sec. 10-83; Sec. 1-2 (definition of rooming house)
The fine print: 8 caveats that can change the picture
  • Outside the Multi-Modal Transportation District (MMTD), one ADU is allowed per lot with a single-family or duplex residence, or per lot with a non-residential use; inside the MMTD, one ADU is allowed per principal dwelling unit on a residential lot and per non-residential establishment on a non-residential lot (Sec. 10-412(1)b.1)
  • Detached ADUs must be located in the interior side, side corner, or rear yard, not the front yard (Sec. 10-412(1)b.3)
  • ADUs must adhere to the same required setbacks and overall lot coverage requirements as the principal structure (Sec. 10-412(1)b.5)
  • Where an ADU is located entirely on the second floor above an accessory structure, the entire structure may not exceed two stories (Sec. 10-412(1)b.2)
  • In RP-1, RP-2, R-1, and R-2 districts, the rooming-house nonconforming-use requirements of Sec. 10-83 apply to lots with ADUs (Sec. 10-412(1)b.6)
  • Incentive in the downtown overlay and MMTD: a lot with an ADU is allowed up to a 25 percent gross density bonus, as applied to the underlying zoning district standards, so long as there are no more than two dwelling units on the lot (Sec. 10-280.7(b))
  • An ADU on a lot is not included in density calculations and is not defined as a multi-family residential development (Sec. 1-2 definition)
  • Parking minimums were rewritten by Ord. No. 26-O-08 (effective June 10, 2026, not yet in the online code): properties in the Downtown Overlay are exempt, and MMTD development may provide 65 to 100 percent of the scheduled parking (Secs. 10-356(a) and 10-357 as amended)

Summarized from Tallahassee's ordinance text, read September 2026; every row links the code section it came from. Rules often vary by zone and lot, so treat this as orientation, not a permit determination, and confirm with the planning department before you commit to a design.

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ADU regulations

Florida statewide law also applies

Florida sets baseline ADU rights at the state level. Where local rules are stricter than state law allows, state law usually wins, so both are worth reading.

See Florida statewide rules

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