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Daytona Beach, FL Accessory Structures: ADU Owner Occupancy (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
LDC § 5.3.C.32.c
Owner-occupancy rule
Principal home or ADU must be owner occupied
Units per lot
One ADU maximum
Occupancy limit
Single household only
Eligible districts
SFR-5, MFR-12, MFR-20, RP, M-4, M-5, T-1, T-4

Summary

Daytona Beach requires that either the principal house or the accessory dwelling unit on the lot be owner occupied before an ADU can operate. The Land Development Code also caps every ADU lot at one unit and limits occupancy to a single household.

c.Use standards.i.An ADU is authorized only on a lot with an existing single family detached dwelling ("principal dwelling").ii.Only one ADU is permitted per lot....v.Either the principal dwelling or the ADU shall be owner occupied.vi.An ADU shall be occupied solely by a single household.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 78 | Land Development Code: Supplement 36).

Full Breakdown

32 of the Daytona Beach Land Development Code authorizes an Accessory Dwelling Unit only on a lot that already has an existing single-family detached dwelling, called the 'principal dwelling,' and it caps the arrangement at one ADU per lot. v is the owner-occupancy backstop: either the principal dwelling or the ADU itself must be owner occupied, which rules out an investor buying a lot, moving into neither unit, and renting both the house and the ADU to separate tenants. vi adds that the ADU can only be occupied by a single household, so it cannot be subdivided further or rented by the room.

B: SFR-5, MFR-12, MFR-20, RP, and the M-4, M-5, T-1, and T-4 mixed-use and transect districts, and in Planned Development districts only when the Planned Development Agreement specifically authorizes one. 2, on top of the parking already required for the principal house; a lot with an ADU loses any parking exemption it might otherwise claim elsewhere in the Code. City staff can administratively approve minor adjustments to the ADU dimensional standards table, but the owner-occupancy and single-household occupancy requirements are use standards, not dimensional ones, so they are not eligible for that administrative flexibility.

Violations & Fines

An ADU that operates without the required owner-occupancy, or that is occupied by more than one household, is a Land Development Code violation under Section 10.4. The city can issue a civil citation carrying a $100 fine for an initial violation and $250 for a repeat violation, and unresolved cases can go to the Code Enforcement Board or a Special Magistrate for daily administrative fines that attach as a lien against the property under Chapter 162, Florida Statutes.

Frequently Asked Questions

Can I rent out both my house and my Daytona Beach ADU to different tenants?
No. Section 5.3.C.32.c.v requires either the principal dwelling or the ADU to be owner occupied, so an arrangement where the owner lives off site and rents both units to unrelated tenants does not meet the standard.
How many ADUs can I build on one lot?
Just one. The Land Development Code limits every qualifying lot to a single Accessory Dwelling Unit, and the ADU can only be occupied by one household, so it cannot be split into multiple rental units.
Do I need extra parking for an ADU?
Yes. Section 5.3.C.32 requires stabilized off-street parking spaces specifically for the ADU under Section 6.2, in addition to the parking already required for the principal dwelling, and a lot with an ADU cannot claim parking exemptions available elsewhere in the Code.

Sources & Official References

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