ADU rules in Orange County

One ADU is permitted by right in conjunction with a single-family dwelling in the districts marked P in the Sec. 38-77 use table (A-1, A-2, A-R, RCE-5, RCE-2, RCE, RCE Cluster, R-1AAAA, R-1AAA, R-1AA, R-1A, R-1, R-2, R-3, RT-1, RT-2, R-L-D, NC, NAC and NR), including planned development (PD) districts. A detached ADU (one not physically connected to the primary dwelling, or connected by a passageway longer than 20 feet) has its own setbacks: a one-story unit must sit at least 5 feet from the rear lot line and a two-story unit (or one above a garage or other use) at least 15 feet, with principal-structure side and side-street setbacks in both cases. It may not be located in front of the primary dwelling unless the primary dwelling sits entirely in the rear half of the lot.

An ADU connected to the primary dwelling by a fully enclosed or open-sided passageway of 20 feet or less is an attached ADU. It must meet all principal-structure setbacks, may share the primary dwelling's entrance or use a separate one (a separate entrance only on the side or rear), needs doors at both ends of any connecting passageway, and may not have or obtain a separate power meter.

Height may not exceed the maximum permitted for the primary dwelling. Detached ADUs also count against the cumulative detached-accessory-structure square footage caps in § 38-1426(1): for parcels under 1 acre, 10% of net land area or 500 sq ft, whichever is greater, with a 3,000 sq ft cumulative cap; 5,000 sq ft cumulative for parcels of 1 to 10 acres; 15,000 sq ft cumulative above 10 acres.

The primary single-family dwelling and the ADU must remain under single ownership at all times, the lot or parcel must qualify as homestead property, and the owner must occupy either the primary dwelling or the ADU at all times. Approving an ADU does not authorize separate ownership or division of the lot. The county's ADU permit page repeats the homestead and owner-occupancy rule and states that ADUs are not permitted on non-homestead properties.

Stated as a flat requirement with no zone-based waivers or reductions anywhere in the section.

A maximum of one ADU may be 'permitted by right' on a lot in the zoning districts indicated in Sec. 38-77; the use table marks ADUs P (permitted) rather than S (special exception) in every district where they appear, so no hearing, special exception or variance is needed. Construction still requires a building permit through the county's Fast Track Online Services portal with engineer- or architect-sealed plans and fire separation per the Florida Building Code.

The Sec. 38-77 use table marks 'single-family dwelling transient rental' as a permitted use in the R-3 column only, matching the R-3 carve-out cross-referenced in § 38-1426(2)c.14. No minimum lease term beyond the 30-day threshold, no rent or affordability condition and no deed-restriction recording requirement appear in the section.