Palm Bay, FL Accessory Structures: ADU Owner Occupancy (2026)
Key Facts
- Owner-occupancy required
- Yes, in one of the two units
- Governing section
- § 174.003(B)
- Separate sale
- Prohibited
Summary
Palm Bay requires the property owner to actually live in either the main house or the accessory dwelling unit: you can't build an ADU purely as a rental with an absentee owner.
The unit shall be developed in conjunction with or after development of the principal dwelling unit and the owner of the property must reside within either the principal or the accessory dwelling unit.
(C) Not more than one (1) accessory dwelling unit per property is permitted.
(D) No accessory dwelling unit shall be sold separately from the principal dwelling unit. The accessory dwelling unit and the principal dwelling unit shall be located on a single lot or parcel.
(E) The air-conditioned floor area of the accessory dwelling unit shall not exceed fifty percent (50%) of the air-conditioned floor area of the principal structure, or eight hundred (800) square feet, whichever is less. The accessory dwelling unit shall have no less than two hundred (200) square feet of air-conditioned floor area.
(F) The unit shall meet the accessory structure setback and height provisions identified in §
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-41: Supplement contains: Local legislation current through Ord. 2026-13, passed 5-21-26).
Full Breakdown
Section 174.003(B) requires that an accessory dwelling unit be developed in conjunction with or after the principal dwelling, and that the property owner reside in either the principal structure or the accessory unit. This owner-occupancy requirement means Palm Bay ADUs can't be built and then have both units rented to non-owner tenants: one of the two dwellings must be the owner's residence. The rule works alongside the ban on selling the ADU separately from the main house in § 174.003(D), keeping ADUs tied to owner-occupied single-family properties.
Violations & Fines
Renting out both the principal dwelling and the accessory unit with no owner living on site violates § 174.003(B) and can trigger code enforcement action against the property.
Frequently Asked Questions
Can I rent out both my house and my ADU in Palm Bay?
Can I sell my ADU separately from my house?
Sources & Official References
Other rules in Palm Bay
Florida rules heatmap·Compare Palm Bay to another location·View the Florida accessory structures overview
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