ADU rules in West Palm Beach

Accessory apartments are permitted with extra requirements only in the single-family high density (SF14) residential district, on lots of at least 6,000 sq ft with 60 ft width. They must comply with the development standards for residential accessory structures, and Sec. 94-304(a)(2) expressly permits converting detached garages or other accessory structures into a dwelling unit where that unit is permitted. The SF14 district regulations list accessory garage apartments among permitted accessory structures.

The code defines an accessory apartment as 'a dwelling unit that may be inhabited separable from the primary use or structure' and regulates accessory apartments under the residential accessory structure standards of Sec. 94-304, which assume a separate building (six foot building separation rule). No provision read expressly authorizes or prohibits an accessory apartment attached to or inside the principal dwelling.

Unit size and height caps are in the accessory apartment standards; the 75 percent / 1,000 sq ft aggregate cap applies to all roofed accessory buildings in residential districts.

Sec. 94-303 sets out the complete additional application requirements and additional standards for accessory apartments and contains no owner occupancy requirement; none appears in the SF14 district regulations (Sec. 94-74) or the accessory structure standards (Sec. 94-304) either. Owner residency requirements in Sec. 94-273 apply to bed and breakfast uses, not accessory apartments.

The three space total (one apartment, two principal) is an additional standard; failure to meet it requires a Class B special use permit waiver.

Accessory apartments are a use 'permitted with extra requirements' in the SF14 district (Article IX terminology for permitted-by-right uses subject to additional standards). If a property owner cannot meet any additional standard in Sec. 94-303(b), the waiver requires approval by the zoning board of appeals as a Class B special use permit.

Sec. 94-303 and the related accessory structure and SF14 district provisions are silent on renting an accessory apartment; no minimum lease term or tenancy restriction specific to accessory apartments was found in the sections read.