Brevard County, FL Accessory Structures: ADU Rules (2026)
ADU rules in Brevard County, FL, also called accessory dwelling unit regulations or granny flat ordinances, cover setbacks, owner-occupancy, parking, and permit requirements.
Key Facts
- ADUs per lot
- One accessory dwelling unit or guesthouse
- Size cap
- 50% of principal structure (if unset)
- Permit required
- Conditional use permit with site plan
- Two-story ADUs
- Setbacks doubled, upper-floor sight lines shielded
- Prohibited materials
- Cargo shipping containers not allowed
Summary
Brevard County allows one accessory dwelling unit per lot in unincorporated areas, but only with an approved conditional use permit, density compliance, and a cap of 50 percent of the primary home's size.
(a)An accessory dwelling unit may only be established on lots where the resulting density of the lot, including the accessory dwelling unit, is consistent with the zoning classification minimum standards and complies with the density designation established by the Comprehensive Plan.(b)No more than one accessory dwelling unit or guesthouse is permitted on a lot.(c)The primary structure on the lot shall not have more than one indoor kitchen....(k)Cargo shipping containers may not be used for or as an accessory dwelling unit.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 135).
Full Breakdown
Under Brevard County Code § 62-1903, a homeowner in unincorporated Brevard may add one accessory dwelling unit or guesthouse per lot, but the primary house still can't have a second kitchen and the ADU can't exceed the accessory-structure size cap for its zoning classification (50 percent of the principal structure's size where none is set). A conditional use permit with a site plan and floor plan is required. Two-story ADUs need privacy shielding and double the normal setback. Cargo shipping containers can't be used as ADUs, and none may sit in a coastal high-hazard area or area of critical state concern. Cities like Melbourne, Palm Bay, Titusville and Cocoa set their own ADU rules.
Violations & Fines
Building or occupying an accessory dwelling unit in unincorporated Brevard without the required conditional use permit is an unauthorized land use punishable by up to a $500 fine, 60 days in jail, or both, per Brevard County Code § 62-1254.
Frequently Asked Questions
Do I need a permit to build an accessory dwelling unit in unincorporated Brevard County?
Can I build more than one accessory dwelling unit on my lot?
Does this rule apply inside Melbourne, Palm Bay, or Titusville?
Sources & Official References
Other rules in Brevard County
How Brevard County compares: Easiest Cities to Build an ADU·Florida rules heatmap·Compare Brevard County to another location·View the Florida accessory structures overview
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