Daytona Beach, FL Accessory Structures: ADU Owner Occupancy (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.
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?
How many ADUs can I build on one lot?
Do I need extra parking for an ADU?
Sources & Official References
Other rules in Daytona Beach
Florida rules heatmap·Compare Daytona Beach to another location·View the Florida accessory structures overview
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