Zoning change lets some homeowners create efficiency apartments, cottages in Miami-Dade

Miami-Dade County commissioners on Tuesday approved legislation making it easier to add apartments to suburban homes, a change backed by housing advocates to create more affordable rentals.

The proposal passed on a 5-2 vote, with opponents warning the looser zoning rules would bring congestion and parking issues to neighborhoods designed for one family per home. “This is going to ruin the neighborhoods,” Commissioner Javier Souto said.

Raquel Regalado, sponsor of the ordinance, called it a way to boost housing while also bringing standards to an already widespread practice of homeowners renting out one-room efficiencies illegally.

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“Are we going to continue to allow people to do this illegally? Or are we going to create a legal pathway [so] we can assure this is done properly?” Regalado asked.

The zoning changes only apply to property outside of city limits, in the county’s unincorporated areas. That covers about 40% of Miami-Dade’s 770,000 residential units, according to data published by the Property Appraiser’s Office.

The county’s planning staff predicted the law changes would allow construction of an additional 195,000 residential units if all property owners took advantage of the looser rules. The minimum lot size to qualify for the additional unit is 7,500 square feet. A unit can be between 400 and 800 square feet.

In passing the ordinance, Miami-Dade commissioners make it easier for property owners to create “accessory dwelling units,” the technical term for a rental unit within an existing residence.

The rental unit could come from converting existing space into separate living quarters with a kitchen and a bathroom, such as making a garage into an apartment. For a house with a large enough backyard, an owner could build a separate cottage available for rent.

The new law still requires homeowners to win administrative approval and building permits for the new residential units, with requirements for parking availability and caps on how many people can live in the rental. It also bars owners from renting out a unit as a short-term vacation rental while living in the main house. The city of Miami already allows accessory dwelling units in some zoning districts.

The item almost died Tuesday when it failed in its first vote. Commissioner Jean Monestime switched to a yes on a revote after Regalado agreed to water down a provision of the law allowing county inspectors access to inside the rental units.

Joining Monestime in voting for the ordinance were Regalado, Keon Hardemon, Sally Heyman and Eileen Higgins. Voting against were Chairman Jose “Pepe” Diaz and René Garcia. Souto and Danielle Cohen Higgins voted against the ordinance when it failed the first time, but weren’t present for the second vote. Also missing from the final vote were Oliver Gilbert, Kionne McGhee and Rebeca Sosa.

Miami Housing For All and other affordable-housing groups backed the changes, as did Mayor Daniella Levine Cava. Several residents on Tuesday warned commissioners the new law would cause problems by allowing new rentals to pop up in already crowded neighborhoods.

“Some of these large two-story homes have so many cars in their yards, it’s alarming,” Mary Waters said before the vote.

Pedro Garcia, the county’s elected property appraiser, opposed the legislation, saying it could dupe homeowners into pursuing rental income without realizing their tax bill would increase by converting part of their properties for commercial use. “The passing of this item will surely create an unanticipated increase in tax liability for those who can least afford it,” he wrote in an Oct. 28 memo to commissioners.

Levine Cava backed the changes as a way to both create new affordable apartments and give existing homeowners extra revenue to cover rising insurance costs. “We think it’s a critical path for creating more opportunities for affordable housing,” she said.

This story was originally published November 1, 2022 at 6:50 PM.