Sarasota, FL Accessory Structures: ADU Rental Restrictions (2026)
Key Facts
- Income cap
- At or below 120% of area median income
- Trigger
- Only applies if the ADU is rented
- Zones covered
- RSF-E, RSF-1, RSF-2, RSF-3, RSF-4
- Filed when
- With the ADU building-permit application
- Max ADU size
- 650 square feet
- Appeal window
- 60 days to board of adjustment
Summary
If a City of Sarasota accessory dwelling unit in an RSF-E, RSF-1, RSF-2, RSF-3 or RSF-4 zone will be rented, the building-permit applicant must first file an affidavit committing to rent it at an affordable rate to a household earning no more than 120 percent of area median income, under Zoning Code Section VII-602(cc)(2.1)a.
(cc)(2.1) Provisions applicable in RSF-E, RSF-1, RSF-2, RSF-3, and RSF-4 zones. a. The applicant for a building permit for construction of a new accessory dwelling unit shall provide the city with an affidavit stating that if the accessory dwelling unit is rented, it will be rented at an affordable rate to person(s) with a household income at or below 120 percent AMI.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 33 | Zoning: Supplement 44).
Full Breakdown
1). The affidavit is conditional, not universal: it is required only 'if the accessory dwelling unit is rented,' so an owner who keeps the ADU as a guest suite, home office, or family member's residence and never rents it does not have to file the affordable-rate commitment. Once the unit is rented, the affidavit fixes the ceiling at a household income at or below 120 percent of area median income (AMI), a standard set at the time the building permit for the ADU is issued rather than reset every lease term.
1)b-c: even where the ADU is the rented unit, one of the two units on the lot, principal house or ADU, must still carry the owner's homestead exemption. The ADU itself is capped at 650 square feet of floor area and, in the RSF zones, may not be built within the Coastal Islands Overlay District or as part of a cottage court housing development under (cc)(2)b-c, so a prospective landlord in those areas cannot use this ADU pathway to create a rental unit at all.
Violations & Fines
An applicant who omits the affordability affidavit when the ADU will be rented cannot get the building permit issued in the covered RSF zones; the director of neighborhood and development services reviews the affidavit as part of permit intake. A permit applicant who disagrees with the director's determination may appeal to the board of adjustment within 60 days of the written decision under Zoning Code Sections IV-701 and IV-702.
Frequently Asked Questions
Do I have to rent my ADU below market rate no matter what?
What income level counts as affordable under this rule?
Does this apply to existing ADUs built before the rule?
Can I rent to a family member without meeting the 120% AMI limit?
Sources & Official References
Other rules in Sarasota
Florida rules heatmap·Compare Sarasota to another location·View the Florida accessory structures overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.