Miami Eyes ADUs as Housing Solution

A proposed City of Miami zoning change would allow more single-family homeowners to add a rental unit to their property. Critics fear the new rules will be abused by developers and homeowners alike.

A proposed change to Miami’s zoning code that would allow single-family homeowners to add a rental unit to their property – by carving out space inside their home, adding an addition, or building a cottage – could win final approval this week from the Miami City Commission.

In a city with 36,000 single-family lots, the change would apply to an estimated 27,000 properties, including those in Coconut Grove. Homeowners would be able to add an ancillary dwelling unit (ADU) if they had enough room and met certain conditions.   

The proposed change, which the City Commission passed unanimously on first reading in February, hasn’t generated much discussion among commissioners. Critics say the measure deserves more attention, and more debate.

“The ADU ordinance will effectively end single-family residential zoning in the City of Miami, which few people saw coming,” Elvis Cruz, a resident of Morningside and a frequent critic of Miami city government, told the Spotlight.

Although some homeowners might embrace the change as an opportunity to accommodate a family member or supplement their income, Cruz said the new rules would result in the loss of tree canopy, greenspace and parking.

The change could push up housing prices as well, if developers are incentivized to buy homes, add an ADU, and then flip those properties for more money, Cruz warns. 

“Be careful what you ask for. This will open a Pandora’s box of harmful side effects,” he wrote in an email blast aimed at city officials.

Not surprisingly, proponents of the change predict a more positive outcome. The city’s Planning Department is recommending approval, saying the change could help to ease the city’s housing crunch, and create more options for families.

“ADUs create opportunities for additional housing within single-family neighborhoods without changing the low scale and detached character,” city planners said in a written evaluation of the proposal. 

“ADUs also provide opportunities for older adults to “age in place” within their neighborhood by providing a smaller living space on-site. In certain circumstances, ADUs can make it easier for families to provide caregiving services to aging parents or allow grandparents to live close to their grandchildren.”

Others agree, saying the changes are needed – and overdue.

“For the last 10 years I’ve been a huge proponent of trying a change like this,” said Marcelo Fernandes, a Grove developer and the former chair of the Coconut Grove Village Council. “I believe not only will the ordinance help with urban infill and bring in needed housing, but it’ll do it in a way that won’t have any negative impact.” 

The City Commission, which instructed staff in 2023 to study the issue, will have a chance to discuss the zoning change on Thursday. The city’s Planning, Zoning and Appeals Board (PZAB) endorsed the new rules on a 7-0 vote in December.

Commission Chairwoman Christine King is sponsoring the proposed change. 

“I brought this forward because I had a constituent come to me who would like to build an ADU for her daughter,” King said. “She (the daughter) is making a decent salary but not enough to buy a home in Miami in this housing crisis we have. It was not my intent for it to be some kind of boon for people to go tear down their home, build duplexes or anything like that.”

Miami District 2 Commissioner Damian Pardo, who voted for the measure on first reading, declined to comment through a spokeswoman, referring the Spotlight instead to the city’s Planning Department.

Currently, Miami’s zoning code allows ADUs on properties that are zoned T3-L (for “limited,” residential single family and ancillary units). 

The proposed change would allow ADUs to be built on properties that are zoned T3-R (for “restricted,” single family residential only) and T3-O (for “open,” residential single family and duplexes).

If the change is approved, ADUs could be built on T3 properties where there is a single-family home, but not a duplex. Other restrictions would apply as well:  

• The single-family residence and the ADU must be under the same ownership, and the ADU must be used predominantly as permanent housing.
• The ADU could only be rented if the primary residence is owner-occupied (as confirmed by a homestead exemption). 
• An ADU must have an area for living/sleeping, a shower/bathroom, and a kitchen with a sink, a countertop and a refrigerator.  
• ADUs could be no taller than two stories (one story on T3-R properties), and never taller than the primary residence.
• The footprint of an ADU would be limited to 10% of the lot size (500 square feet on a typical lot measuring 50 by 100 feet), and capped at 800 square feet, regardless of lot size.  
• ADUs within a home must have a separate entrance which can not face the street.
• ADUs must have a minimum of 1 parking space except in a transit-oriented development (TOD) zone or transit corridor.

The city’s planning staff told PZAB members that ADU regulations elsewhere varied widely, and that the rules drafted for Miami represented middle ground by requiring homeowners to live on the property and by allowing rentals to non-family members.

“I think we have struck a balance,” Graham Jones, chief of urban design, told the board.

Fernandes pointed to the homestead provision as well as a necessary brake on potential abuse. 

“People are worried about homeowners renting to UM students and tons of partying going on but, no, this is on your own property,” he said. “If you’re going to rent on your own property, you’re going to take care of who’s going to be there. This is not for investment properties. You can’t do this if you don’t live in the house.”

But even people who support ADUs have concerns. As the PZAB vice chairman, Grove resident Andy Parrish voted to support the change in December, despite reservations. Parrish, who has since left the board, shared his concerns with the Spotlight.

“Homeownership stabilizes neighborhoods, not high-rise buildings, and ADUs could be a tremendous tool for anchoring neighborhoods,” he said. “But I also fear this will unleash an Airbnb fiasco, and abuse of the rules. The City of Miami is weak when it comes to enforcement.”

Cruz agrees. “Proponents call them ‘granny flats,’ hoping to evoke a nice image of grandma living in a cottage in your backyard, but the reality is they (ADUs) could and would be rented out to anyone, regardless of any language in the ordinance about homestead status,” he said. 

As a potential compromise, Parrish suggested a “go-slow” approach to the change, saying the city could “test market” the new ADU rules in specific neighborhoods, instead of rolling out the changes all at once and citywide.

“Why not try this on a test-case basis, possibly in the West Grove, and go slow,” Parrish asked. “Let communities give their own input and see if they want the change.”

Fernandes is less worried about enforcement and doesn’t think the construction of ADUs will be as widespread as some fear, given setback requirements and zoning rules that restrict how much of a T3-R single-family lot can be covered by construction.

“Keep in mind that there’s a lot of criteria required. It’s not just anybody who can do it anywhere. Your site must be able to accommodate it,” Fernandes said. “I think unfortunately it’s not going to be a broad blanket thing that a lot will be able to be done just because ADUs won’t physically fit on some sites.”

Cruz isn’t convinced, however, and he continues to sound the alarm. 

“The City of Miami has long wanted to get rid of single-family zoning,” Cruz said. “This is a step in that direction.”