ADU rules in Daytona Beach

The Land Development Code defines an accessory dwelling unit (ADU) to include 'a separate detached dwelling unit on the same lot as the principal single-family dwelling,' and Sec. 5.3.C.32.b permits ADUs 'on lots where a single-family detached dwelling is a permitted principal use as described in section 5.3.B.' A detached ADU is allowed by right in the districts marked 'A' in the accessory use tables (see caveats), on a lot that already has a single-family house.

The same definition covers 'a separate dwelling unit within, or attached to, the principal single-family dwelling, provided that the unit has a distinctly separate entrance from the main entrance of the principal single-family dwelling.' In the Transitional Overlay D district, Sec. 4.9.C.4.b likewise says the unit 'may be attached or detached from the principal structure.'

The tiers and minimums come from Table 5.3.C.32.a. Sec. 5.3.C.32.d adds that 'Regardless of the zoning district in which it is located, the ADU will comply with all special standards for accessory structures of single-family dwellings in the SFR-5 zoning district set forth in section 4.2.B.3,' and that table sets a maximum floor area of 50 percent of the principal building, a 20 ft height limit, 7.5 ft rear and side setbacks, 5 ft spacing from the house and at most two detached accessory structures per lot. Accessory structures over 200 sq ft may not sit in a required yard and must match the house's exterior finish and roof design. How the 50 percent cap applies to a unit built inside or onto the house is not spelled out.

Sec. 5.3.C.32.c.v: 'Either the principal dwelling or the ADU shall be owner occupied.' The owner may live in either unit and rent the other.

The Sec. 6.2 off-street parking table lists 'Accessory Dwelling Unit: 1 plus one per additional ADU bedroom' and 'Single-family detached dwelling: 2 per du.' Sec. 5.3.C.32.c.iv adds that the ADU spaces 'must be stabilized and are in addition to the minimum off-street parking required for the principal dwelling' and that 'a lot with an ADU will not be entitled to parking exemptions which may otherwise be authorized by this Code.' In the Transitional Overlay D district, adequate paved parking must be provided behind the front building line (Sec. 4.9.C.4.b).

ADUs are marked 'A' (permitted by right as an accessory use, subject to the Sec. 5.3.C.32 standards) in Table 5.3.B.4 for SFR-5, MFR-12, MFR-20, RP, T-1, T-2, T-4 and AG, and in Table 5.3.B.5 for RDB-6, RDB-7, RDB-9, RDB-10, RDB-11, RDD-5, RDD-6 and RDM-6; every other base district is blank, which means not permitted. In the PD-G and PD-RD planned development districts an ADU is 'PD' (allowed only if the PD agreement authorizes it, Table 5.3.B.6). Staff may administratively approve small adjustments to ADU dimensional standards (Table 5.3.C.32).

Sec. 5.3.C.32.c.vii: 'If the ADU is rented, there must be a written lease, and the lease must provide for a minimum lease period greater than six months'; c.vi: 'An ADU shall be occupied solely by a single household.' The greater-than-six-month minimum rules out short-term or vacation rental of an ADU; the city's grandfathered short-term rental use ('other accommodations') is a separate principal use limited to tourist, redevelopment and PD districts. City Code Ch. 26, Art. VI (Ord. 2024-443) requires every owner of a one-to-four-unit residential rental property to 'annually register with the city,' with a $40 application fee, a $50 per-unit registration fee and a $75 per-unit annual fee (Sec. 26-297).