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Pasco commissioners adopt accessory-dwelling-unit ordinance after months of debate
Summary
After extensive debate about size limits, parking and flood access, the Pasco County Board of County Commissioners approved a new ADU ordinance with a provision allowing larger units in some cases and a staff review process for sites with flood-prone access.
The Pasco County Board of County Commissioners on April 9 adopted an ordinance adding rules for accessory dwelling units, or ADUs, to the county land development code after more than three hours of discussion about unit size, parking, impact fees and road access.
The adopted ordinance revises multiple sections of the county land development code to create a new ADU standard, add definitions and align dimensional standards across residential districts. Staff and commissioners framed the change as a measured expansion of housing options while keeping review safeguards in place.
Patrick Dutter, senior planner with Planning, Development & Economic Growth, presented the proposal and highlighted the scope: “creating new section 530.24, accessory dwelling units, appendix A definitions, and other sections as necessary for internal consistency,” and told the board that state legislation (House Bill 247 and Senate Bill 184) is also moving through Tallahassee and may require later changes.
The ordinance sets a baseline maximum ADU size of 900 square feet in the version discussed, with an explicit option for the board to allow units up to 1,200 square feet in defined circumstances. The board also left an administrative path for exceptions: applicants may seek special-exception review for dimensional deviations (setbacks and some size increases), but staff removed height and lot-coverage from the list of standards eligible for special exception.
Commissioners aired sharply different views about size. Commissioner Stockton (referred to in discussion as a skeptic of larger units) called 1,200 square feet “another house,” while Commissioner Mariano moved approval of the ordinance with a notation allowing 1,200 square feet under the board’s discretion. The motion passed on a roll call vote: District 1 Commissioner Oakley, District 2 Commissioner Waitman, District 4 Commissioner Yeager and District 5 Commissioner Mariano voted aye; District 3 Chairman Starkey voted nay.
The ordinance also addresses enforcement and infrastructure concerns. Staff clarified that ADUs are prohibited from functioning as short-term vacation rentals unless the property’s neighborhood approvals and conditional-use processes allow it. Denise Hernandez, Code Compliance, summarized the conditional-use route for such requests and the petition threshold for initiation.
On infrastructure issues, the board accepted staff language requiring that ADU permits proposing local roadway access located entirely within a FEMA flood zone be routed for county-administrator review. That reviewer may deny or condition approvals if historical flooding or emergency-response data show the local roadway segment between a parcel and the nearest division road is unsafe during storm events; such administrative determinations are appealable to the Planning Commission.
Staff recommended an impact-fee approach tied to unit size: de minimis units (under about 500 square feet) could be exempt from most county impact fees (excluding water/sewer connection); units between roughly 500 and 900 square feet would pay discounted mobility/school fees; and units above 900 square feet would pay full impact fees. Commissioners debated the incentives and the effect on larger lots; some favored higher ceilings (1,200 sq ft) if fees are charged in full.
The board also approved code clarifications that ADUs must be smaller than the principal dwelling; that ADUs must be placed on permanent foundations designed to meet Florida Building Code standards; and that garage conversions and other conversions must meet FEMA and building-code flood-elevation rules.
Why it matters: The ordinance is the county’s first dedicated ADU code. Supporters said it helps provide smaller, more affordable rental options and housing for family members; opponents warned large ADUs could become whole additional houses and alter neighborhood character. The board left multiple guardrails — appeal rights, administrative flood-access review, impact-fee tiers and a special-exception path — while granting staff latitude to refine technical rules.
The ordinance was adopted by roll call vote; commissioners also directed staff to return with any necessary amendments if state law on ADUs changes.
Ending: The board placed the ordinance on the county’s code and directed county records to transmit the enacted ordinance to the Florida Department of State by electronic mail for inclusion in the Pasco County Code of Ordinances.
