ADU rules in West Palm Beach

A detached accessory unit is possible only in specific districts, each with its own rules. Sec. 94-303 permits accessory apartments 'with extra requirements' only in the single-family high density (SF14) district, on lots of at least 6,000 sq ft and 60 ft wide, and requires them to meet the residential accessory structure standards of Sec. 94-304, which also allows converting a detached garage into a dwelling unit where that unit is permitted. Outside SF14, the Northwood (NMUD) and Currie (CMUD) mixed-use districts allow detached accessory dwelling units of up to 800 sq ft (NMUD only with the Townhouse and Zero-Lot Line building types; CMUD only behind the house on a single-family lot), and several Downtown Master Plan residential subdistricts permit an 'Outbuilding', which 'may contain an additional dwelling unit in those cases where density permits.' The other single-family districts (SF3, SF5, SF7, SF11) list no accessory unit, and roofed accessory buildings are banned outright in the Echo Lakes and Westfield neighborhoods.

No provision of Chapter 94 allows an accessory unit attached to or inside the house; every accessory unit form the code recognizes is a separate building. The definitions list accessory apartments among accessory structures ('Accessory structures include, but are not limited to the following: sheds, unattached garages, ... and accessory apartments'), Sec. 94-303 makes them meet the accessory structure standards, and Sec. 94-304 requires roofed accessory structures to stand at least six feet from the house (or meet the house's setbacks) and allows a connection only by 'a canvas covered open breezeway.' The NMUD and CMUD rules say the unit 'shall be detached from the primary residence', a garage apartment is defined as 'a detached, accessory structure', and an outbuilding is 'a separate accessory building.' A second unit built into the house would turn it into a two-family dwelling ('a building designed for only two families'), a different use that is allowed only where duplexes are.

The 800 sq ft unit cap and 25 ft height limit are additional standards in Sec. 94-303(b)(3) and (b)(6); the NMUD and CMUD rules repeat the 800 sq ft and 25 ft figures. The aggregate cap in Sec. 94-304(b)(1) counts every roofed accessory building on the lot, so a garage or shed reduces what is left for the apartment. Other forms have their own figures: a garage apartment is defined as a detached structure 'of not more than 750 square feet' that includes a garage of at least 10 by 20 ft, and the Loftin, Brelsford Park and Providencia Park building tables cap an 'Outbuilding/Accessory Apartment' at 1,000 sq ft.

Sec. 94-303 sets out the complete application requirements and standards for accessory apartments and contains no owner occupancy requirement, and neither do the NMUD, CMUD, garage apartment or outbuilding provisions. A full-text search of Chapter 94 finds no 'owner-occupied' or 'owner occupied' language at all; the only 'owner occupancy' phrase is in the dwelling unit definition, which lets a unit be used 'for owner occupancy, rental, lease, or other occupancy.' The city's rental licensing page sorts rentals into owner-occupied and not owner-occupied license types, but that is a licensing category, not a condition on building an accessory unit.

Sec. 94-303(b)(5) reads 'One parking space shall be provided for the apartment and two for the principal structure on site'; failing to meet it requires a Class B special use permit waiver. Any required parking lost to a garage conversion must be replaced under Article XV. In the NMUD, 'One parking space shall be provided for the accessory dwelling unit in addition to the minimum required parking for the principal structure.' Table XV-6 lists accessory garage apartments at 'Efficiency=1.5 per unit, 1 BR=1.75 per unit, 2 BR=2 per unit plus 1 per 10 units for guests' in all districts, a heavier figure that applies to the garage apartment form rather than the SF14 accessory apartment.

In SF14 an accessory apartment is a use 'permitted with extra requirements' (by right, subject to the additional standards in Sec. 94-303(b)); if any standard cannot be met, 'such waiver shall require approval by the zoning board of appeals as a Class B special use permit.' In the Downtown Master Plan, 'Outbuilding' is marked P (permitted) in the residential subdistricts that allow it, and outbuildings under 1,000 gross sq ft skip formal site plan review and may go straight to a building permit. The NMUD and CMUD rules are additional standards on otherwise permitted development.

An accessory apartment is 'a dwelling unit', and Sec. 94-611 says a dwelling unit 'may be used for owner occupancy, rental, lease, or other occupancy for a minimum of 28 consecutive days or longer.' Separately, Sec. 22-441 of the Code of Ordinances makes it unlawful to rent 'any rental dwelling unit used for human habitation without having first obtained a business tax receipt, and rental license', which requires an inspection, and the business tax schedule (Sec. 82-163) has its own 'Garage Apartments' rate. The picture is not fully consistent: the same tax schedule lists a 'Short Term Vacation Rental' classification and the city's rental guidelines page says that for an Airbnb-style short-term listing 'the same regulations apply', and F.S. 509.032(7) bars local duration limits on licensed vacation rentals unless adopted by June 1, 2011 (the 28-day clause has no adoption history on the platform; it is already present in the earliest archived version, August 2018). Check with the city before listing an ADU for stays under 28 days.