Malabar Ordinance 2026-10: Town Council Discussion of Accessory Dwelling Unit Rules on November 2

The Malabar Town Council will discuss draft Ordinance 2026-10 on Monday, November 2, 2026, at 6:30 p.m. The draft would add rules for accessory dwelling units, often called ADUs, to the town's Land Development Code. It is item 13.a, listed under Discussion/Possible Action. The item is not a vote on adoption. Town staff asks the Council for direction to schedule public hearings. A Planning and Zoning Board hearing would come first, followed by two Council readings.

What Draft Ordinance 2026-10 Would Add

The draft ordinance states that the Town of Malabar does not have regulations relating to accessory dwelling units. It would add a new Subsection F, titled "Accessory Dwelling Units," to Section 1-5.6, Accessory Buildings, in Article V of the Land Development Code.

The draft defines an accessory dwelling unit as an ancillary or secondary living unit with a separate kitchen, bathroom and sleeping area. The unit may be inside the same structure as the primary dwelling unit or on the same lot. The draft cites Section 163.31771, Florida Statutes, for this definition.

The draft lists these basic rules.

• An ADU could only be established on a residentially zoned lot where the resulting density, counting the ADU, is consistent with the zoning minimum standards and complies with the density designation in the Comprehensive Plan.

• No more than one ADU would be allowed on a lot.

• The unit could not exceed the maximum size allowed for accessory structures in the zoning classification. Where no maximum size is provided, it could not exceed 50 percent of the size of the principal structure.

• The structure would need to comply with all applicable standards in the Town Land Development Code.

Two-Story Units and Lot Splits

The draft sets added rules for an accessory structure of two or more stories. Views from the second story and higher must be shielded to prevent direct sight into adjacent properties with residential use. The draft lists opaque windows, buffering and open decks that do not face adjacent properties as examples. For these structures, the setbacks otherwise required would be multiplied by two.

The draft also addresses lot splits. If a lot is split so that the principal structure and the ADU are no longer on the same parcel, the ADU would violate the code's ban on accessory structures with no principal structure. The ADU could be treated as a principal structure only if it meets the requirements for one and its lot meets the minimum lot size for the zoning district.

A parcel created by such an unauthorized split would be deemed non-compliant if it does not meet the minimum lot size. The draft states that it would not be eligible for grandfathering or non-conforming status. It would be subject to code enforcement action, fine accruals and the withholding of development permits and development orders.

Which Malabar Lots Could Qualify

On March 11, the Planning and Zoning Board asked how many parcels in each zoning district would meet the size needed to keep density consistent with zoning. Staff compiled a table for five zoning districts.

• RR-65: minimum lot size of 1.5 acres, with 176 eligible lots out of 1,476.

• RS-21: minimum lot size of 0.5 acres, with 58 eligible lots out of 134.

• RS-15: minimum lot size of 0.34 acres, with 7 eligible lots out of 29.

• RS-10: minimum lot size of 0.23 acres, with 27 eligible lots out of 197.

• R/LC: minimum lot size of 0.46 acres, with 79 eligible lots out of 126.

Together, these rows add up to 347 eligible lots out of 1,962. In the draft minutes of the board's September 23 meeting, a board member stated that under 18 percent of the lots in town would be eligible.

Florida Law on Accessory Dwelling Units

Section 163.31771, Florida Statutes, states that a local government may adopt an ordinance to allow accessory dwelling units in any area zoned for single-family residential use. The statute includes a legislative finding that encouraging ADUs in single-family areas serves an important public purpose. The stated aim is to increase the supply of affordable rentals for extremely-low-income, very-low-income, low-income or moderate-income persons.

The staff report states that the town's review followed in part from Senate Bill 48 of the 2026 session, proposed by Senator Don Gaetz. The last version of the bill would have required local governments to adopt an ordinance by December 1, 2026, to allow ADUs in areas zoned for single-family residential use. ADUs would have been approved without a public hearing, variance or other discretionary action beyond a check that a site plan meets zoning rules. An ordinance also could not have required the parcel owner to live in the primary dwelling unit.

The Florida Senate's bill page shows that the Senate passed SB 48 by a vote of 38 to 0 on February 4, 2026. It shows that the bill died in messages in the House on March 13, 2026. The staff report states that because the bill did not pass, there is no time sensitive requirement for the town to enact new regulations.

How the Draft Reached the Council

The staff report traces the item to the Planning and Zoning Board meeting of January 28, 2026. At that meeting, Kimley-Horn presented the Comprehensive Plan Evaluation and Appraisal Report. Its representatives recommended adding language to the plan that would allow ADUs in certain zoning districts.

The board reviewed the Senate bill on March 11. On May 27, it agreed to keep developing an ordinance. The board also reviewed Section 62-1903 of the Brevard County Land Development Code, which sets ADU rules for unincorporated Brevard County. It recommended several of those subsections for any future Malabar ordinance.

On September 23, 2026, the board reached unanimous consent to send the draft to the Council for review before public hearings are scheduled. The staff report states that Town Attorney Karl Bohne, Jr. reviewed the draft and that his recommended changes were added.

What Happens After November 2

The staff report asks the Council to direct town staff to proceed with scheduling public hearings for the approval of Ordinance 2026-10. The finalized ordinance would be heard at a Planning and Zoning Board public hearing. First and second readings would follow at Council public hearings. As drafted, the ordinance would take effect immediately after adoption.

Section 166.041(3)(a), Florida Statutes, sets the general rule for municipal ordinances, with some exceptions listed in the statute. A proposed ordinance may be read on at least two separate days. It must be noticed once in a newspaper of general circulation at least 10 days before adoption.

The agenda states that comments on agenda items may be made as those items come up. It lists a five minute limit per speaker. Anyone who needs a special accommodation under the Americans with Disabilities Act is asked to contact the Town's ADA Coordinator at 321-727-7764 at least 48 hours before the meeting.

The agenda states that a speaker card is required for public comment. The Malabar Town Council meets Monday, November 2, 2026, at 6:30 p.m.