ADU Rules in Hialeah, Florida
Hialeah's Chapter 98 does not support a simple statement that an ADU is allowed on every residential lot.
The code does contain a specific second-dwelling form in the R-2 one- and two-family residential district.
R-2 Garage Apartment
Section 98-542 expressly permits:
- a one-family garage apartment;
- on the rear portion of the lot;
- when a single-family residence is on the front portion of the lot.
This is a specific R-2 zoning provision and should not be generalized to R-1, R-Z, R-3, or every other residential district.
Hialeah Code — R-2 District / §98-542
Accessory Buildings Are Not Automatically Dwelling Units
Chapter 98 also contains separate accessory-building rules. Section 98-1666 regulates accessory structures and prevents an ordinary garage or accessory structure from simply being treated as living quarters outside the applicable zoning provisions.
That means the existence of a garage or other detached structure is not enough to establish that it may be converted to a dwelling.
Hialeah Code — Accessory Buildings
How to Check a Property
- Find the parcel's zoning in Hialeah's GIS.
- If the property is R-2, review the garage-apartment provision and all applicable dimensional/parking rules.
- For other districts, identify whether the proposed second dwelling is specifically permitted.
- Confirm the interpretation with Hialeah Planning & Zoning before preparing permit plans.
- Separately apply the Florida Building Code and Miami-Dade High-Velocity Hurricane Zone requirements.
Florida State-Law Context
Florida Statutes §163.31771 does not require Hialeah to authorize an ADU in every single-family zone. Local Chapter 98 remains controlling.
Disclaimer: Confirm current zoning, dimensional, parking, and building-code requirements for the specific parcel before relying on this summary.
More about Hialeah Zoning
Sources
- Hialeah Code §98-542 — R-2 additional uses·library.municode.com·Accessed 2026-09-20·Direct link
- Hialeah Code §98-1666 — Accessory buildings·library.municode.com·Accessed 2026-09-20·Direct link
- City of Hialeah Planning & Zoning·hialeahfl.gov·Accessed 2026-09-20·Direct link