County · Florida

ADU rules in Orange County

2 sources

These are the primary sources for accessory dwelling unit regulations in Orange County: the county's own zoning code, planning department pages, and permit guides. Start here before talking to anyone: the rules below are what your permit reviewer will apply.

Unincorporated areas only

County zoning applies only outside city limits. If your property is inside a city or town, that municipality's own ADU ordinance governs instead, even though it sits within Orange County.

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Rules at a glance

Detached (backyard) ADU
Allowed

One ADU permitted by right in conjunction with a single-family dwelling in the zoning districts indicated in the Sec. 38-77 use table (marked P in A-1, A-2, A-R, R-CE-5, R-CE-2, R-CE, R-1AAAA, R-1AAA, R-1AA, R-1A, R-1, R-2, R-3, R-CE Cluster, R-T-1, and R-T-2), including PD districts. A detached ADU (not connected, or connected by a passageway over 20 feet) gets its own setbacks: one-story units 5 feet from the rear line, two-story or above-garage units 15 feet from the rear line, principal-structure setbacks otherwise; it may not sit in front of the primary dwelling unless the primary dwelling is entirely in the rear half of the lot.

§ 38-1426(2)a, (2)c.1, (2)c.6(ii)
Attached or internal ADU
Allowed

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 or use a separate entrance (separate entrance only on the side or rear), needs doors at both ends of any connecting passageway, and may not have a separate power meter.

§ 38-1426(2)c.1, (2)c.6(i), (2)c.8, (2)c.12, (2)c.15
Maximum size
50% of the primary dwelling's living area or 1,000 sq ft, whichever is less; on lots of 2+ developable acres, 50% or 1,500 sq ft, whichever is less; maximum 2 bedrooms

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, capped at 3,000 sq ft cumulative).

§ 38-1426(2)c.4, c.7, c.13
Owner occupancy
Required

The primary dwelling and ADU must remain under single ownership at all times, the lot must qualify as homestead property, and the owner must occupy either the primary dwelling or the ADU at all times. ADU approval does not authorize separate ownership or division of the lot.

§ 38-1426(2)c.2
Extra parking
1 additional off-street space; may be met by the garage, carport, or driveway of the primary dwelling

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

§ 38-1426(2)c.9
Approval process
Permitted use

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 as P, permitted, not S, special exception, in every district where they appear). Construction 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.

§ 38-1426(2)a; § 38-77 use table
Rental restrictions
Transient rental or leasing of an ADU for periods of 30 days or less is prohibited, except as provided in Sec. 38-77 for the R-3 zoning district

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

§ 38-1426(2)c.14
The fine print: 7 caveats that can change the picture
  • County code applies to unincorporated Orange County only; Orlando and other municipalities have their own ADU rules
  • ADUs are allowed only in the zoning districts marked in the Sec. 38-77 use table (agricultural A-1/A-2/A-R and most residential districts including R-1 through R-1AAAA, R-CE variants, R-2, R-3, R-T-1, R-T-2) plus PD districts; not in commercial, office, or industrial districts
  • Maximum one ADU per lot, only in conjunction with a single-family dwelling, and it may not be built before the primary dwelling is constructed and occupied
  • The lot must meet the minimum lot area of the underlying zoning district and must qualify as homestead property
  • A mobile home may serve as an ADU only in agricultural zoning districts on lots of at least 2 developable acres
  • The ADU must match the primary dwelling in exterior finish material and similar architectural details (does not apply to permitted mobile-home ADUs)
  • Impact fees are assessed per Orange County Code Chapter 23; detached ADUs may obtain a separate power meter with utility approval, attached ADUs may not

Summarized from Orange County's ordinance text, read July 2026; every row links the code section it came from. Rules often vary by zone and lot, so treat this as orientation, not a permit determination, and confirm with the planning department before you commit to a design.

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ADU regulations

Florida statewide law also applies

Florida sets baseline ADU rights at the state level. Where local rules are stricter than state law allows, state law usually wins, so both are worth reading.

See Florida statewide rules

Spotted something outdated?

Zoning codes change. If a link is dead or Orange County has updated its ordinance, report it and we'll verify against the official source.

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