ADU Rules & Zoning in Melbourne, Florida (2026)
What ADU can you build in your Melbourne backyard?
Instantly check eligibility for Accessory Dwelling Units (ADUs), like Guest Houses, Garage Conversions, and In-Law Suites.
Key Takeaways: Melbourne ADU Rules 2026
- ADU must be smaller than the primary dwelling — no hard citywide square footage cap published
- No owner-occupancy requirement — primary home and ADU can both be rented to long-term tenants
- No specific short-term rental ordinance as of 2026 — STR not explicitly prohibited (but city policy can change)
- Call Planner of the Day at (321) 608-7500 before hiring a designer — zoning tables are district-specific
- Typical setbacks: 25 ft front, 8 ft side, 15 ft rear — varies by zoning district
- Outdoor Lighting Certification Form required for all exterior fixtures since 2018 — commonly missed and delays final inspection
- Brevard County impact fees $3,000–$8,000+ assessed separately from Melbourne city permit fees
ADUs are NOT Permitted In:
- Airport overlay zone near Melbourne International Airport — FAA height restrictions may apply near runway paths
- Historic district overlay areas — Historic & Architectural Review Board approval required
Melbourne 2026 ADU Requirements Snapshot
Best-available guidance extracted from the latest original Melbourne report artifact. Verify final requirements with planning department.
What this means for your lot
- Use the address checker first to verify parcel-specific zoning.
- Confirm setbacks and lot geometry before spending on plans.
- Check short-term rental rules carefully — they vary significantly by city.
Key gotchas
- Not calling the Planner of the Day at (321) 608-7500 before hiring designer — zoning tables are complex
- Missing the Outdoor Lighting Certification Form required for all exterior fixtures since 2018
- Not recording Notice of Commencement with Brevard County Clerk before construction begins
Building Limits
- Max Size:1000 sq ft
- Setbacks:25ft front / 8ft side / 15ft rear
- Detached Allowed?Yes
- Max Height:35 ft
- Build Cost Est.:$90,000–$200,000 typical
Rental Rules
No Owner-Occupancy Requirement: Both units can be rented to tenants simultaneously.
Short-Term Rentals: Not prohibited at the city level. State DBPR license required.
Estimated Monthly Income
$1,100–$1,500/month
Based on 2025–2026 Melbourne market data
Melbourne ADU Permit Cost Breakdown
| Cost Item | Amount / Notes |
|---|---|
| Total Estimated Cost | $3,000–$8,000 city fees + $3,000–$8,000 Brevard County impact fees |
| Building Permit Fee | Based on construction valuation — contact (321) 608-7900 |
| Plan Review | Included in permit fee |
| Impact Fees | Brevard County: transportation, school, parks, fire — $3,000–$8,000+ (separate from city fees, contact (321) 633-2000) |
| Design / Architect | $3,000–$8,000+ Florida-licensed architect required (no free pre-approved plans program) |
| Private Provider (Expedited) | Private Provider review: $1,500–$5,000 but cuts timeline by 2–6 months |
Key ADU Restrictions in Melbourne
- ADU must be smaller than the primary dwelling (no citywide hard cap stated)
- Melbourne calls ADUs 'Second Dwelling Units' — must meet principal structure setbacks, not accessory structure setbacks
- Brevard County impact fees assessed separately by county on all new residential units
Common Mistakes to Avoid in Melbourne
- Not calling the Planner of the Day at (321) 608-7500 before hiring designer — zoning tables are complex
- Missing the Outdoor Lighting Certification Form required for all exterior fixtures since 2018
- Not recording Notice of Commencement with Brevard County Clerk before construction begins
Eligible Zones in Melbourne
Melbourne ADU — Frequently Asked Questions
Can I build an ADU in Melbourne?
Yes. Melbourne permits ADUs — called 'Second Dwelling Units' — by right in residential zones including R-A, AEU, REU, R-1A, R-1AA, R-1AAA, R-2, R-3, and R-4 under Florida HB 1339 and SB 184. Call the Planner of the Day at (321) 608-7500 to verify your exact zoning district before investing in plans.
What is the maximum ADU size in Melbourne?
Your ADU must be smaller than your primary dwelling — Melbourne does not publish a fixed square footage cap. Florida SB-48 establishes a minimum floor of 1,000 sq ft that municipalities cannot restrict below. Call the Planner of the Day at (321) 608-7500 to confirm the current maximum for your specific zoning district.
Do I need to live on the property to build or rent an ADU in Melbourne?
No. Melbourne does not require owner-occupancy. You can rent both the primary home and the ADU to long-term tenants simultaneously. Note: renting out both units may affect your homestead exemption — consult the Brevard County Property Appraiser at bcpao.us.
Can I use my Melbourne ADU as an Airbnb?
As of 2026, Melbourne has no STR ordinance explicitly prohibiting short-term rentals in residential zones. However, this can change without notice — monitor Melbourne City Council agendas at melbourneflorida.org. You must obtain a Florida DBPR Vacation Rental Dwelling license and collect Brevard County's 5% Tourist Development Tax. Do not confuse City of Melbourne with West Melbourne, which explicitly prohibits STR.
How long does the Melbourne ADU permit process take?
Standard: 6–12 months. Expedited via Private Provider: 4–8 months. Key steps: call Planner of Day (1 week), commission survey and design (4–12 weeks), permit review (4–10 weeks standard or 1–3 weeks via Private Provider), inspections, CO. Budget for Brevard County impact fees ($3,000–$8,000+) in addition to city permit fees. Call Building Section at (321) 608-7900 for current queue times.
Melbourne Planning Department
Melbourne Community Development
Nearby Cities — ADU Rules
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More Brevard County ADU Guides
This page provides general information based on current ordinances and publicly available data as of March 2026. Zoning rules change — verify all requirements with your local planning department before making financial commitments.