Daytona Beach's Accessory Structures: The Rules That Matter

Every city handles accessory structures a little differently. In Daytona Beach, Florida, there are 4 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Shed & Carport Rules

On single-family lots in Daytona Beach's SFR-5 district, detached sheds and other accessory structures are capped at 20 feet tall and 50 percent of the main house's floor area under Land Development Code Section 4.2.B.3. A shed over 200 square feet cannot sit in a required yard and must match the house's exterior finish and roofline.

Key details: Max detached structures per lot: 2. Max accessory height: 20 feet. Max floor area vs. house: 50%. Min setback (rear/side): 7.5 feet. Yard placement limit: 200 sq ft, else barred from yard.

Placing a shed or other detached accessory structure that exceeds the height, coverage, setback or yard-placement limits in Section 4.2.B.3, or building one without the required permit, is a Code violation under LDC Section 10.2. The City can issue a Stop Work Order, deny further permits until the structure is brought into compliance, and cite the owner for a civil infraction: $100 for a first offense, $250 for a repeat one, and up to $500 if contested in county court.

ADU Rental Restrictions

If a Daytona Beach homeowner rents out an accessory dwelling unit, the Land Development Code requires a written lease running longer than six months, which rules out nightly, weekly, or month-to-month rentals of an ADU and keeps the unit tied to long-term housing.

Key details: Governing section: LDC § 5.3.C.32.c.vii. Lease requirement: Must be in writing. Minimum term: Longer than six months. Short-term rentals: Effectively barred for ADUs. Applies to: Whichever unit is rented, house or ADU.

Renting an ADU without a written lease, or on a lease term of six months or less, is a Land Development Code violation enforceable under Section 10.4. The city can issue a $100 civil citation for a first offense and $250 for a repeat offense, and the Code Enforcement Board or a Special Magistrate can impose ongoing daily administrative fines under Chapter 162, Florida Statutes, which attach as a lien against the property.

ADU Owner Occupancy

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.

Key details: 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.

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.

ADU Rules

Daytona Beach allows one accessory dwelling unit per single-family lot under Land Development Code Section 5.3.C.32, capped at 500 to 800 square feet depending on lot size. Either the main house or the ADU must be owner-occupied, the ADU can only house a single household, and a rented ADU needs a written lease running longer than six months.

Key details: ADUs per lot: 1 maximum. Max floor area (>10,000 sf lot): 800 sq ft. Min floor area, studio/1BR: 240 sq ft. Occupancy rule: House or ADU must be owner-occupied. Minimum lease if rented: Over 6 months.

Building or renting an ADU without meeting Section 5.3.C.32's owner-occupancy, single-household, lease-term, parking or floor-area standards is a Code violation under LDC Section 10.2. The City can issue a Stop Work Order, deny occupancy or further permits until the unit complies, and cite the owner for a civil infraction, $100 for a first offense and $250 for a repeat one, with Code Enforcement Board administrative fines and a recorded lien for continued noncompliance.

The Bottom Line

Daytona Beach's accessory structures rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Daytona Beach is broadly strict or permissive.

Keep in mind that Daytona Beach can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.