Port Orange, FL Accessory Structures: ADU Rules (2026)

5), not a use permitted by right. Getting one approved means going through the special exception process in Chapter 18, Section 2: a written application with a conceptual site plan goes to the city, the planning commission holds a public hearing after the city sends certified-mail notice to adjacent property owners at least 15 days ahead, posts signs on the property, and publishes notice in a newspaper of general circulation, and the planning commission's recommendation then goes to the city council for final action. Once granted, the special exception standards specific to garage apartments require the living area to fall between 480 and 800 square feet, no smaller and no larger, the architectural treatment to match the principal house on the property, the same side and rear yard building setbacks that apply to the principal structure, and a stabilized driveway at least 10 feet wide connecting the unit to the street.

5), though the NP version adds the same side and rear setback match found in the R-7SF standard. A special exception granted for a garage apartment runs with the land and can transfer with a sale, but it lapses if not built within two years of approval or is abandoned for six months or more, per Chapter 18, Section 2(e).