ADU Rules in Hialeah, Florida

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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

  1. Find the parcel's zoning in Hialeah's GIS.
  2. If the property is R-2, review the garage-apartment provision and all applicable dimensional/parking rules.
  3. For other districts, identify whether the proposed second dwelling is specifically permitted.
  4. Confirm the interpretation with Hialeah Planning & Zoning before preparing permit plans.
  5. Separately apply the Florida Building Code and Miami-Dade High-Velocity Hurricane Zone requirements.

Hialeah GIS Zoning Map

Hialeah Planning & Zoning

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

  1. Hialeah Code §98-542 — R-2 additional uses·library.municode.com·Accessed 2026-09-20·Direct link
  2. Hialeah Code §98-1666 — Accessory buildings·library.municode.com·Accessed 2026-09-20·Direct link
  3. City of Hialeah Planning & Zoning·hialeahfl.gov·Accessed 2026-09-20·Direct link

FAQ

Are ADUs allowed everywhere in Hialeah, Florida?
No general citywide ADU entitlement is asserted here. Hialeah's current code does, however, expressly permit a one-family garage apartment in the R-2 district on the rear portion of a lot where a single-family residence occupies the front portion.
Can I convert any detached garage in Hialeah into a dwelling?
No. The specific R-2 garage-apartment allowance should not be generalized to every garage or zoning district. Chapter 98 also separately regulates accessory buildings and their use. Confirm the parcel's zoning and proposal with Planning & Zoning.
Does Florida law require Hialeah to allow ADUs in every single-family district?
No. Florida Statutes §163.31771 is permissive; Hialeah's local Chapter 98 controls the applicable allowance.