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Council prioritizes drafting ADU rules after state bill could limit local controls
Summary
After staff flagged recently filed state legislation affecting accessory dwelling units, Temple Terrace council prioritized drafting a local ADU ordinance — including an owner‑occupancy requirement — and asked staff to seek Planning Commission scheduling so a municipal rule could exist ahead of possible state preemption.
Council members told staff Feb. 27 to make accessory dwelling units (ADUs) a drafting priority and to seek a code amendment and Planning Commission review as soon as feasible because newly filed state legislation could limit local regulatory options.
What staff said: Greg Pauley, community development director, reviewed the benefits of ADUs (multigenerational housing, on‑site caregiver housing, rental income potential) and noted the city’s comprehensive plan includes ADUs in certain future land‑use categories. Pauley then deferred to the city attorney for an update on pending state legislation.
State legislation and local implications: City attorney staff summarized House Bill 943 (filed recently) as requiring local governments to allow ADUs in areas zoned for single‑family use and prohibiting local restrictions that impose rental‑term limits or parking or design requirements that do not apply to other housing in the same district. The bill would also require local reporting on ADU applications and could prevent cities from imposing new rental‑term or affordability restrictions specific to ADUs.
Council direction and priorities - Owner‑occupancy: Council members indicated support for an ordinance that would require the primary residence on the parcel to be owner‑occupied (either the main unit or the ADU) as a way to limit speculative short‑term rental conversions. - Size and siting: Staff noted a prior draft limit (from last year) that limited an ADU to 33% of the main dwelling or 800 square feet, whichever is less. Council asked staff to include objective dimensional limits, parking guidance tied to existing district standards, and sensible conversion rules (including garage conversions and detached ADUs). - Timing and process: Because the bill is recently filed and could advance, council asked staff to prepare a proposed ordinance and seek Planning Commission review as soon as possible (quarterly planning commission schedule was discussed) so a local ordinance could be on record prior to a state decision.
Next steps: Staff will draft an ADU ordinance that (a) includes an owner‑occupancy requirement and (b) sets objective size, setback and parking parameters consistent with other single family standards; staff will target Planning Commission and council workshops for review in the coming months.
