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Broward County, FL Accessory Structures: ADU Rental Restrictions (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Max ADU size
50% of main house, min 500 sq ft
Units per lot
One accessory dwelling only
Minimum layout
1 bedroom, 1 bath, separate entrance
Parking required
1 space per ADU bedroom
Rental affidavit
Required at building-permit application
Income standard
Fla. Stat. § 420.0004 AMI tiers

Summary

An accessory dwelling on unincorporated Broward land isn't just a size question, it's a rental-affordability commitment. Section 39-272 caps an ADU at fifty percent of the main house (minimum 500 square feet), limits a lot to one unit, and requires the building-permit applicant to swear, by affidavit, that the finished unit will be rented at an affordable rate to a low- or moderate-income household.

City-specific rules exist: Miramar has its own adu rental restrictions rules that differ from Broward County's county-level regulations. If you live in Miramar, check the city-specific page instead.

(a)The maximum size of an accessory dwelling shall not exceed fifty percent (50%) of the principal structure, but not less than five hundred (500) square feet.(b)Only one (1) accessory dwelling shall be permitted per single family lot.(c)An accessory dwelling shall have at a minimum one (1) bedroom, one (1) bathroom, and a separate entrance from the outside.(d)One (1) off-street parking space shall be provided per bedroom, in addition to the parking that may be required pursuant to Section 39-228 of the Code.(e)An application for a building permit to construct an accessory dwelling must include an affidavit from the applicant attesting that the accessory dwelling will be rented at an affordable rate to an extremely-low-income, very-low-income, low-income, or moderate-income person or persons, as defined in Section 420.0004, Florida Statutes, as amended.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 72 | Administrative Code: Supplement 28).

Full Breakdown

Broward's accessory dwelling standard sits in Article XV, Rural and Estate Districts, and doubles as an affordable-housing tool for unincorporated land. Section 39-272(a) sets the size band: an ADU cannot exceed fifty percent of the principal structure's floor area, but must be at least five hundred square feet, so a small main house can't be paired with a token unit. Subsection (b) caps density at one accessory dwelling per single-family lot, ruling out a second or third unit on the same parcel. Subsection (c) sets a livability floor requiring at least one bedroom, one bathroom, and an entrance separate from the main house's, so the ADU functions as an independent dwelling rather than an interior room addition.

Parking is scaled to bedrooms, not units: subsection (d) requires one off-street parking space per bedroom in the accessory dwelling, stacked on top of whatever Section 39-228 already requires for the principal home. 0004, Florida Statutes. That statute ties eligibility to area median income bands, so the affordable-rate commitment moves with published AMI figures rather than a fixed dollar cap written into the county code. Because the affidavit is a condition attached to the building permit itself, it becomes part of the permit record the county can check if a complaint alleges the unit is being rented as market-rate or short-term housing instead of to a qualifying household.

Violations & Fines

Applying for a permit without the Section 39-272(e) affidavit means the building department will not issue it. Once built, an accessory dwelling that exceeds the size cap, adds a second unit on the lot, or is rented in a way that contradicts the sworn affidavit is enforceable under Section 39-10 as a Chapter 39 violation, prosecutable by the County Administrator's designee or the Broward Sheriff's Office as a county ordinance offense punishable under Fla. Stat. § 125.69.

Frequently Asked Questions

Do I have to rent my Broward ADU at an affordable rate forever?
The code requires the Section 39-272(e) affidavit at the building-permit stage, attesting the unit will be rented at an affordable rate to a qualifying income tier under Fla. Stat. § 420.0004. The zoning section itself doesn't spell out a term of years or a recorded deed restriction, so confirm the duration with the Housing and Urban Planning Division before assuming the obligation lapses after one tenant.
Can I build two accessory dwellings on one lot?
No. Section 39-272(b) limits a single-family lot to one accessory dwelling, regardless of lot size or how large the principal home is. A second detached structure would have to qualify as a garage, shed, or other accessory building under the general accessory-use rules in Section 39-275, not as a second dwelling unit.
How small can a Broward ADU be?
Never smaller than 500 square feet, per Section 39-272(a), even if fifty percent of the principal home's floor area would compute to less. The floor exists so a small main house doesn't excuse building a unit too cramped to meet the one-bedroom, one-bathroom minimum in Section 39-272(c).
Does the ADU need its own parking space?
Yes. Section 39-272(d) requires one off-street parking space for each bedroom in the accessory dwelling, in addition to whatever off-street parking Section 39-228 already requires for the main house, so a one-bedroom ADU adds at least one more parking space to the lot.

Sources & Official References

Other rules in Broward County

All Broward County rules

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