Miami zoning officials introduce ADU registration and amnesty program for compliance

The City of Miami is taking significant steps to address the growing need for accessory dwelling units (ADUs) with a new amnesty program aimed at legalizing existing units. During a recent Planning, Zoning, and Appeals Board meeting, city officials discussed the implications of this initiative, which seeks to bring many currently unregistered units into compliance with city regulations.

Jacob Kern, the assistant director of zoning, clarified that ADUs are already permitted in certain zoning categories, specifically T3L and T3R, without requiring any changes to existing zoning laws. This means that homeowners with single-family residences can add ADUs without facing additional zoning hurdles. However, the discussion highlighted the challenges posed by older homes that may have illegally converted garages or other structures into rental units.

The proposed amnesty program aims to encourage homeowners to voluntarily register these units by waiving fees, thus incentivizing compliance. Kern emphasized the importance of this initiative, stating, "We are trying to create a program in which people who are currently not in the program or out in the shadows or doing it illegally voluntarily come forward." This approach is designed to address concerns about safety and legality while providing a pathway for homeowners to legitimize their properties.

Board members expressed concerns about the potential displacement of long-term tenants if property owners change their homestead status. One member suggested that provisions should be made to protect tenants who have established residency, even if the property owner is no longer living there. City officials acknowledged this concern and agreed to explore possible solutions.

The meeting also touched on enforcement measures for short-term rentals, with officials noting that a pending state bill could allow local jurisdictions to prohibit rentals under 30 days. This is part of a broader effort to ensure that ADUs are used primarily for long-term housing rather than transient lodging.

As the city moves forward with this program, officials plan to monitor its effectiveness and make adjustments as necessary. The introduction of dedicated staff to assist with the registration process is also on the agenda, ensuring that the community has the support needed to navigate these changes.

Overall, the City of Miami's initiative to legalize ADUs through an amnesty program represents a proactive approach to housing challenges, aiming to balance the needs of homeowners with the rights of tenants and the safety of the community.