What ADU can you build in your New Smyrna Beach backyard?
Instant zoning report — see exactly what your zoning allows: permitted ADU types, size limits, setbacks, and lot requirements for your specific property.
The quick answer
New Smyrna Beach ADU rules at a glance
- Owner-occupancy
Not required — you can rent both units - Short-term rentals
Allowed with local licensing — verify with the city - Where it's allowed
Eligibility varies by zoning district — check your address to confirm yours
ADU Rules in New Smyrna Beach, Florida
We've researched New Smyrna Beach's ADU rules so you don't have to. Here's what matters most — the facts that determine whether your project is possible, and how much it will cost.
- The ADU here is a 'garage apartment' — not permitted in the R-1 district
- Accessory use in R-3 (east of Atlantic Ave), R-5, R-6; special exception in R-2/A-3/MH-4
- No flat size cap (2 stories / accessory limits); no owner-occupancy; rental not addressed
Last verified: 2026-07-15
Backyard ADUs like this are being built across New Smyrna Beach — here's how to do it right.
What New Smyrna Beach's zoning may allow for an ADU
New Smyrna Beach's version of an ADU is an 'apartment-garage' (garage apartment) — one dwelling combined with a garage, up to two stories. It is not permitted in the lowest-density R-1 district; it is an accessory use in R-3 (only east of Atlantic Avenue), R-5, and R-6, and a special exception in R-2, A-3, and MH-4. There is no flat size cap. Owner-occupancy is not required and rental is not addressed.
Zoning allowance
A garage apartment ('apartment-garage') is permitted as an accessory use in R-3 (only 'on parcels east of Atlantic Avenue'), R-5, and R-6, and as a special exception in R-2, A-3, and MH-4. It is not permitted in R-1 (Code §201.00 definition; §504.02 district use tables).
Size limits
No square-foot cap specific to the garage apartment. It is limited to two stories (§201.00) and, as an accessory structure, to the lesser of the principal-building height or 25 ft and ≤60% of the principal building's area for all accessory buildings combined (§803.01).
Lot + setbacks
Setbacks, lot coverage, and minimum lot size for an accessory dwelling vary by zoning district. Confirm the exact figures with the jurisdiction's planning department.
Height + coverage
Height and lot-coverage limits vary by zoning district. Confirm current limits with local planning.
Parking
Parking requirements for an accessory dwelling vary by district; typically one additional space. Confirm with local planning.
Rental / occupancy
No owner-occupancy requirement found. The code does not address renting a garage apartment (silent). Any short-term rental would be governed separately.
Permit process
An accessory dwelling is permitted through the jurisdiction's standard zoning-review and building-permit process. Contact the local planning or building department for current requirements.
Building limits and rental rules, side by side
These figures are based on the best available data for New Smyrna Beach and should be confirmed with the city's planning department before you commit to a design or a rental strategy — local ordinances change and vary by parcel.
Building Limits
- Max Size:See requirements above
- Detached Allowed?Check with city
Rental Rules
No Owner-Occupancy Requirement: Both units can be rented to tenants simultaneously.
Short-term rental rules vary — confirm with New Smyrna Beach Planning.
Here's exactly what you'll pay — and how to avoid the fees that catch most homeowners off guard
Most homeowners spend 3–4 weeks piecing this together on their own. We've mapped the full New Smyrna Beach permit process step by step — so you know exactly what's coming, and what to prepare.
Step 1: Pre-Application Zoning Check
- Where:
- New Smyrna Beach Planning Department
- What to bring:
- Property address and parcel ID, preliminary site sketch, lot survey
- Timeline:
- No appointment fee — call ahead to confirm office hours
- Cost:
- No fee for initial inquiry
Step 2: Submit Permit Application
- Where:
- New Smyrna Beach Planning Department — contact for portal link
- What to bring:
- Architectural plans, site plan, boundary survey, energy compliance docs
- Timeline:
- Contact planning to confirm current review timelines
- Cost:
- Contact planning for current fee schedule
Step 3: Plan Review & Revisions
- Where:
- New Smyrna Beach Planning Department
- What to bring:
- Responses to any correction letters; revised drawings if required
- Timeline:
- Plan for one or more review cycles — timeline varies by submission completeness
- Cost:
- No additional fee for standard resubmittal
Step 4: Construction & Inspections
- Where:
- New Smyrna Beach Building Department
- What to bring:
- Approved permit set must be on-site at all times during construction
- Timeline:
- Schedule inspections as each phase of work is completed
- Cost:
- Included in permit fee
New Smyrna Beach neighborhoods where ADU permits are being filed — is your street next?
New Smyrna Beach ADU — Frequently Asked Questions
These are the questions we hear most often from New Smyrna Beach homeowners. If yours isn't here, our ADU Zoning Experts can answer it directly.
Can I build an ADU in New Smyrna Beach, Florida?
A garage apartment ('apartment-garage') is permitted as an accessory use in R-3 (only 'on parcels east of Atlantic Avenue'), R-5, and R-6, and as a special exception in R-2, A-3, and MH-4. It is not permitted in R-1 (Code §201.00 definition; §504.02 district use tables).
What is the maximum ADU size in New Smyrna Beach?
No square-foot cap specific to the garage apartment. It is limited to two stories (§201.00) and, as an accessory structure, to the lesser of the principal-building height or 25 ft and ≤60% of the principal building's area for all accessory buildings combined (§803.01).
Do I need to be an owner-occupant to build an ADU in New Smyrna Beach?
New Smyrna Beach does not require owner-occupancy. Both the primary home and ADU can be rented to tenants simultaneously.
Can I use my New Smyrna Beach ADU as an Airbnb?
Contact New Smyrna Beach Planning to confirm current short-term rental rules for ADUs.
How do I get an ADU permit in New Smyrna Beach?
An accessory dwelling is permitted through the jurisdiction's standard zoning-review and building-permit process. Contact the local planning or building department for current requirements.
Nearby Cities — ADU Rules
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More Volusia County ADU Guides
This page provides general information based on current ordinances and publicly available data as of 2026-07-15. Zoning rules change — verify all requirements with your local planning department before making financial commitments.