Miami, FL Accessory Structures: ADU Owner Occupancy (2026)

Ownership and Use As an ADU is a Residential Use, an ADU must be used as predominately permanent housing. The Single-Family Residence and the ADU shall be under the same ownership. An ADU may only be rented if the property has current proof of Homestead status. ADUs are subject to registration and annual renewal requirements of the City Code. When all of the following spaces are provided and are separate from the uses within the Principal Dwelling Unit, it shall be deemed an ADU. Sleeping / living area; and Shower / bathroom; and Kitchen that incorporates a sink, countertop for food preparation, and refrigerator. Unit Sizes See Article 6, titled ‘Supplemental Regulations’, Table 13; that sets out the minimum and maximum ADU unit sizes. Placement An ADU shall either be within the Principal Building or an Ancillary Building. See Article 5, titled ‘Specific to Zones’; that provides the specific Principal Building and Ancillary Building design standards and illustrations. A one-Story Ancillary Building may be attached or detached from the Principal Building and shall follow the Setbacks for Ancillary Buildings. A two-Story Ancillary Building: Detached from the Principal Building shall be separated by a minimum of ten (10) feet and shall follow the Setbacks for Ancillary Buildings. Attached to the Principal Building shall follow the Setbacks for the Principal Building. Height