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Nassau County, FL Accessory Structures: ADU Rules (2026)

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

ADU rules in Nassau County, FL, also called accessory dwelling unit regulations or granny flat ordinances, cover setbacks, owner-occupancy, parking, and permit requirements.

Key Facts

By-right approval
Yes, in residential districts allowing single-family homes
Units per parcel
One accessory dwelling maximum
Size cap
50% of home's sq ft, max 800 sq ft
Detached setback
6 feet minimum, no front yard
Height limit
25 feet
Rental condition
Primary home must hold active homestead exemption

Summary

Nassau County allows one accessory dwelling by right on any residentially zoned lot that permits a single-family home. Land Development Code § 28.15(K) caps it at 50 percent of the house's square footage or 800 square feet, whichever is smaller, with a six-foot setback and a 25-foot height limit.

These county ordinances apply to unincorporated areas of Nassau County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(K)Accessory dwellings.(1)Accessory dwellings are permitted by right in all residentially zoned districts that permit single-family homes, and may be developed with new or existing single-family homes.(2)Only one (1) accessory dwelling is permitted per single-family home parcel.(3)An accessory dwelling may not be larger than fifty percent (50%) of the square footage of the single-family home with garage space not included in the calculation. In no case shall the total footprint of the accessory dwelling exceed more than eight hundred (800) square feet. ... c.The maximum building height for an accessory dwelling is twenty-five (25) feet. ... (10)In instances in which the accessory dwelling is used for a rental property, the existing single-family home on the parcel must be the primary residence for the property owner and hold an active homestead exemption through the Nassau County Property Appraiser's Office.

Full Breakdown

15(K) treats accessory dwellings differently from the ordinary conditional-use 'mother-in-law dwelling' the code also recognizes: an accessory dwelling is permitted by right in every residentially zoned district that allows single-family homes, whether built alongside a new house or added to an existing one, and only one is allowed per single-family parcel. Size is capped at 50 percent of the primary home's square footage, excluding garage space from that calculation, with an absolute ceiling of 800 square feet no matter how large the main house is.

Design standards require attached accessory dwellings to meet the underlying district's ordinary setbacks, while detached units need only a six-foot setback and cannot sit in a required front yard, though on parcels over three acres an accessory dwelling can go between the principal structure and the street outside that required front yard. Height tops out at 25 feet, and exterior entrances and staircases must stay at least six feet from an adjoining property line. An extra off-street parking space beyond what the single-family home already requires must be provided on-site, and new parking has to use existing curb cuts rather than adding new ones.

When a rental is involved, subsection (K)(10) requires the existing single-family home on the parcel to remain the owner's homestead-exempt primary residence, and (K)(9) blocks selling the accessory dwelling separately or splitting the parcel to isolate it. A recreational vehicle, mobile home, or storage shed can never substitute for an accessory dwelling under (K)(7).

Violations & Fines

An accessory dwelling that exceeds the 800-square-foot cap or 50 percent size ratio, skips the required six-foot setback, or is rented out while the primary home has lost its homestead exemption violates § 28.15(K) and is enforced as a Land Development Code violation through the special magistrate under § 1-54. Fines run up to $1,000 per day for a first violation and $5,000 per day for a repeat violation under § 1-61, with orders appealable to circuit court within 30 days under § 1-65.

Frequently Asked Questions

Do I need a special permit to build an accessory dwelling unit in unincorporated Nassau County?
No conditional use hearing is required. Land Development Code § 28.15(K)(1) makes an accessory dwelling a by-right use in any residentially zoned district that permits single-family homes, though you still need a building permit and must meet the section's size, setback and height standards.
How large can an accessory dwelling unit be in Nassau County?
Section 28.15(K)(3) caps it at 50 percent of the primary home's square footage, not counting garage space, and sets an absolute ceiling of 800 square feet regardless of how large the main house is.
Can I rent out my accessory dwelling unit as a separate property?
You can rent it, but section 28.15(K)(10) requires the primary single-family home on the parcel to remain the owner's homestead-exempt residence while it's rented, and (K)(9) bars ever selling the accessory dwelling separately or splitting the parcel to isolate it.

Sources & Official References

Other rules in Nassau County

All Nassau County rules

How Nassau County compares: Easiest Cities to Build an ADU·Florida rules heatmap·Compare Nassau County to another location·View the Florida accessory structures overview

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