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Planning board moves to ask commission for 300‑sq‑ft limit on accessory dwelling units as state statute advances
Summary
Board members discussed a newly surfaced state statutory section on accessory dwelling units and voted to prepare a local ordinance recommending a 300‑square‑foot cap (excluding open‑air structures) to preserve single‑family character while state legislation moves through Tallahassee.
At the Feb. 4, 2025 meeting, the Melbourne Beach Planning and Zoning Board discussed a recently received statutory excerpt concerning accessory dwelling units and agreed to ask the town commission to consider a local ordinance that would limit accessory dwelling units (ADUs) to 300 square feet while excluding open‑air structures such as gazebos.
The board reviewed text the staff circulated from a statute labeled in discussion as Section 163.31771 that would require local governments to adopt ordinances allowing accessory dwelling units in single‑family zones without increasing parking requirements. Members expressed concern that statewide direction could eliminate local controls and that, if enacted broadly, ADU allowances could be used to create short‑term rentals on coastal lots. Several members said the board should adopt a local, protective ordinance quickly to preserve local standards.
The board discussed previous internal debate over a 400‑square‑foot threshold and settled on recommending 300 square feet for accessory dwelling units, with explicit language exempting open‑air structures (for example, a gazebo or a three‑sided outdoor kitchen). The item was moved and seconded during the meeting and the board agreed to forward the recommended local ordinance language to the commission as a stopgap while the state statute progresses. The board noted that any final town code changes would be subject to the commission’s review and adoption.
Next steps: staff said they will prepare the draft ordinance language for the commission packet and may contact the town attorney for legal guidance on grandfathering and compliance with the state statute.
