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Planning board seeks local limits as state ADU statute moves through Legislature
Summary
Board discussed Florida statute 163.31771 and directed staff to draft a local ordinance capping accessory dwelling units at 300 square feet (open-air exceptions) as a temporary protective measure to present to the commission.
Members of the Melbourne Beach Planning and Zoning Board discussed a recently circulated state statute number (163.31771) that would require local governments to allow accessory dwelling units (ADUs) in single-family zones without increasing parking requirements.
Board members expressed concern that, if the state statute passes as written, local control could be reduced and ADUs could be used as short-term rentals rather than family housing. To create a local “stopgap,” the board voted to prepare an ordinance that would allow accessory structures but limit interior ADUs to 300 square feet and exempt open-air structures (for example, gazebos or open-sided outdoor kitchens) from that cap.
Why it matters: ADUs can be used to house relatives or provide rental income, but in Melbourne Beach board members said small coastal lots and the town’s housing and parking patterns create a risk that unrestricted ADUs would be converted to short-term rentals. The state language discussed would prevent requiring extra parking, a tool some municipalities use to limit ADU conversions.
Key points from the discussion: - The board clarified the distinction between “accessory structures” (sheds, open-air gazebos) and “accessory dwelling units” (structures with a second kitchen and independent living space). Current local code allows accessory structures but does not explicitly allow detached ADUs in single-family districts. - Several members argued for putting a measurable local limit in place now (the board coalesced around 300 square feet as a recommended limit) and directing staff and the town attorney to draft an ordinance to present to the town commission quickly. - The board discussed enforcement concerns, including how parking controls and minimum-size rules are commonly used by municipalities to limit conversions; members noted enforcement capacity is a practical constraint.
Board action: The board moved and seconded a recommendation that the commission consider adopting a local ordinance limiting interior accessory dwelling units to 300 square feet, excluding open-air structures from that cap. The board instructed staff to draft language and forward it to the commission for consideration.
What happens next: Staff will draft the ordinance language and coordinate with the town attorney. The board and staff said they may revisit square-foot thresholds (300 vs. 400 was debated) as the state statute proceeds through the legislative process.
