Orlando's Accessory Structures: The Rules That Matter

Every city handles accessory structures a little differently. In Orlando, Florida, there are 3 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

ADU Impact Fees

Orlando doesn't charge a flat impact fee for adding an ADU -- Sec. 56.06(K) bases the Transportation Impact Fee only on the extra conditioned square footage the ADU adds to the existing single-family home, and no fee is owed if that addition stays within the next single-family rate tier.

Key details: Fee basis: added conditioned sq ft, not per-unit. No-fee threshold: stays within current single-family rate tier. Governing sections: Sec. 56.06(K), cross-referenced by Sec. 58.501(G). Rate table: Sec. 56.07 Transportation Impact Fee Rate Schedule. Payment timing: due before development permit issues, Sec. 56.05.

Sec. 56.05 makes payment of the assessed Transportation Impact Fee a precondition of permit issuance: no development permit for a fee-generating land use, including an ADU that exceeds its current rate tier, may be issued until the fee required by Chapter 56 has been paid. Operating or occupying the ADU without paying a fee that is actually owed violates Sec. 56.05's use restriction and exposes the property to the City's standard permit and code enforcement process.

ADU Rules

Orlando permits accessory dwelling units (ADUs) in many residential zoning districts under Land Development Code provisions adopted to expand affordable housing options. ADUs may be attached or detached, with size and setback limits that vary by zone. The primary dwelling typically must be owner-occupied. ADUs require a full building permit, must meet the Florida Building Code including hurricane wind-load standards, and connect to city utilities. Short-term rental of ADUs is generally restricted unless the property qualifies for a homestead-based STR registration.

Key details: ADU Status: ADUs allowed in most single-family residential districts (R-1, R-2, R-3, R-3A). ADU Status: Maximum size typically 600-800 sq ft or 33-50% of primary dwelling. Requirement: Owner-occupancy of primary or accessory unit required. Requirement: Must meet FBC hurricane wind-load (Risk Category II, 130+ mph per FL Stat 553.73). Requirement: Cannot be sold separately; STR generally restricted by city ordinance.

Shed & Carport Rules

Orlando scales a shed's rear-yard setback to its size and height under Section 58.901, from zero feet for a small, low shed up to 15 feet for a taller one, and caps every accessory structure combined at 35% of the rear-yard area behind the house, with pools, hot tubs and spas exempted from that cap.

Key details: Governing section: Orlando City Code § 58.901. Rear setback, ≤100 sq ft, <8 ft tall: 0 feet. Rear setback, >12 ft tall: 15 feet. Distance from other buildings (≤12 ft): 5 feet. Max rear-yard coverage: 35% of rear yard area.

Building or expanding a shed without meeting Section 58.901's rear, side and inter-building setbacks, or exceeding the 35% rear-yard coverage cap, is a zoning code violation. Under Section 1.08, a conviction carries a fine of up to $500, up to 60 days in jail, or both, with each day the non-compliant structure remains a separate offense; the Building Official may also require removal or relocation before issuing a Certificate of Occupancy.

The Bottom Line

Orlando's accessory structures rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Orlando is broadly strict or permissive.

All of the above reflects Orlando's municipal code as of our last review. If you need specifics on fines, exemptions, or filing requirements, the detailed ordinance pages linked above have the full breakdown.