ADU Pass
New Smyrna Beach
No County portion
Also in: Volusia County
ADU Pass helps homeowners in New Smyrna Beach, No County, Florida navigate the permit paperwork for building an accessory dwelling unit. This area covers 1 ZIP code.
Map
ADU details
ADU legality: allowed-with-restrictions
Florida Building Code 8th Edition (2023) wind-design (per ASCE 7-22) governs structural review. Atlantic-fronting parcels are subject to the Coastal Construction Control Line (CCCL).
Cost scenarios
| Scenario | Sq ft | Permit | Build | Total |
|---|---|---|---|---|
| minimum | 200 | $2,700 | $57,500 | $60,200 |
| 600 | 600 | $2,700 | $172,200 | $174,900 |
| midpoint | 550 | $2,700 | $157,850 | $160,550 |
| maximum | 900 | $2,700 | $258,300 | $261,000 |
Fee breakdown (as of 2026-04)
Permitting process
Viability (permitted uses)
- Long-term rental: yes Long-term rental of an ADU is generally permitted; Florida landlord-tenant law (Chapter 83 FS) governs.
- Short-term rental: with-restrictions Florida § 509.032 partially preempts STR regulation; vacation rentals must register with FDBPR. New Smyrna Beach has an active STR ordinance with registration, occupancy, and parking requirements; surfing-tourism demand is strong year-round.
- Office rental: with-restrictions Detached office rental to non-resident requires home occupation permit or rezoning.
- Home office: yes Home occupation by owner is permitted with restrictions on signage, customer traffic, and outside employees.
- Studio / workshop: yes Personal artist studio / workshop is a permitted accessory use in residential zones; New Smyrna Beach's Atlantic Center for the Arts and Canal Street arts district support this use.
- Agriculture: with-restrictions Limited urban agriculture is permitted in residential zones; livestock is district-dependent.
- Relative support: yes Family-occupancy ADU explicitly permitted; § 193.703 FS granny-flat assessment reduction available for qualifying senior-relative additions.
Incentives
Contacts
Utilities
- Water: Utilities Commission, City of New Smyrna Beach (UCNSB) · 30d connect · $5,000
- Sewer: Utilities Commission, City of New Smyrna Beach (UCNSB) · 30d connect · $6,000
- Electric: Utilities Commission, City of New Smyrna Beach (UCNSB) — municipal electric · 21d connect · $1,800
- Gas: TECO Peoples Gas or LP / propane · 30d connect · $1,500
Property values & taxes
Construction timeline
Realistic total: best 8mo · typical 12mo · worst 17mo
Modular pathway inspectors are occasional with modular
Financing
State ADU loans:
Insurance impact
HOA prevalence & preemption
Florida Chapter 720 FS does not preempt HOA ADU bans; covenants restricting ADUs are enforceable. Beachside condo associations frequently restrict STR independently of city ordinance.
Regulatory overlays (2)
- flood-zone
FEMA AE/VE on beachside parcels east of the Indian River; CCCL applies to oceanfront. X farther inland on the mainland. - historic-district
Canal Street Historic District (NRHP) covers downtown core; contributing parcels trigger Historic Preservation Board design review.
Technical envelope (climate & building code)
Climate & energy code
Building code
Amendments:
- Amendment
- Amendment
Legal history (timeline)
Current ordinance: New Smyrna Beach Code of Ordinances — Accessory Use / Accessory Dwelling Units, adopted 2015-01-01, last amended 2023-01-01
- 2007-07-01 — Florida Statutes § 163.31771 enacted (state-statute)
Enabling statute authorizing local governments to adopt ADU ordinances on parcels zoned for single-family residential use.
Effect: Set the permissive Florida ADU framework still in force in 2026. - 2023-03-29 — Live Local Act (SB 102) signed (state-statute)
Affordability framework with by-right multifamily preemption on commercial / industrial / mixed-use parcels for projects with at least 40% affordable units.
Effect: Indirect ADU effect: shifts secondary-unit pressure toward larger preempted multifamily on non-residential parcels; does not directly compel ADU approvals in single-family zones.
Known issues (1)
- other — NRHP Canal Street historic district adds 4-6 weeks for HPB review; CCCL on oceanfront parcels adds DEP coastal permit. Hurricane Ian and Nicole 2022 storm damage created backlogged repair work.
County: no attribution (synthetic bucket)
No county
This city sits in the state's "no county" bucket — its ADU rules derive directly from state law and city ordinance without a county intermediary. No county-level sections apply.
Florida state — ADU law and programs
State ADU law
Florida does NOT currently have a statewide ADU preemption law in effect. Florida Statutes § 163.31771 (enacted 2004, last amended 2020) is permissive — it authorizes local governments to adopt ADU ordinances but does not require them to. ADU rules are therefore set municipality-by-municipality: Miami-Dade, Orlando, St. Petersburg, Tampa, and a growing set of Florida cities have their own ordinances; many smaller counties and cities still prohibit or restrict ADUs by default. A preemption bill (SB 48 / HB 313) is pending in the 2026 legislative session and is likely to pass given that its 2025 predecessor cleared the Senate 37-0 and House 97-10 before dying on a procedural amendment dispute.
- Florida Statutes § 163.31771 — Accessory dwelling units — Permissive (not mandatory) statute. Defines an ADU as 'an ancillary or secondary living unit, that has a separate kitchen, bathroom, and sleeping area, existing either within the same structure, or on the same lot, as the primary dwelling unit.' Authorizes — but does not require — local governments to adopt ordinances allowing ADUs in single-family residential zones. Contains no size caps, no owner-occupancy rules, no HOA preemption. All substantive rulemaking is local.
State financing programs
Florida Housing Finance Corporation (FHFC) does not operate an ADU-specific state loan or grant program. FHFC's primary affordable-housing lever at the ADU tier is the State Housing Initiatives Partnership (SHIP), which distributes state documentary-stamp-tax revenue to all 67 counties and 52 entitlement cities for locally-administered housing programs — some of which may fund ADU construction at the local level (notably Orange County's Affordable ADU Loan Program, run through the Orange County Housing Finance Trust). FHFC's FL Assist down-payment programs and HFA Preferred / HFA Advantage conventional loans apply to ADU-eligible primary residences but do not single out ADUs. Proposed CS/SB 1440 would create a state property-tax exemption of up to 100% of assessed value for an ADU rented at affordable rates.
State housing programs
Florida does not currently operate a statewide pre-approved ADU plan catalog (unlike California or Washington). State-level ADU implementation is driven by (a) the permissive § 163.31771 which lets willing jurisdictions adopt ordinances, (b) SHIP pass-through funding to local ADU programs (Orange County's Affordable ADU Loan Program is the model), and (c) the affordable-housing property-tax exemption under the Live Local Act (SB 102 / SB 328). The Department of Economic Opportunity (DEO) — now reorganized as the Department of Commerce — provides technical assistance to local governments but no statewide ADU-specific mandate or program. Major counties (Miami-Dade, Orange, Pasco, Hillsborough, Pinellas, Broward) have published their own ADU ordinances and guidance documents.
Federal (United States) — ADU-relevant rules and programs
Federal ADU law
The United States has no federal statute that directly regulates accessory dwelling unit entitlement or design. Land-use authority over ADUs resides with states and local governments under the traditional police power. Federal engagement is limited to financing (Fannie/Freddie/FHA/VA/USDA), flood insurance (FEMA/NFIP), and discretionary housing programs (HUD), which are recorded in sibling sections of this file.
Federal financing programs
Federal housing-finance agencies and GSEs set nationwide underwriting rules that govern whether an ADU can be financed, appraised, and counted toward mortgage qualifying income. The relevant actors are Fannie Mae, Freddie Mac, FHA (HUD), VA, and USDA Rural Development.
Federal tax credits
There is no ADU-specific federal tax credit. ADUs may incidentally qualify for existing federal energy-efficiency and clean-energy tax credits when the ADU construction includes qualifying measures.
Federal housing programs
HUD administers several discretionary programs that can fund ADU-related activity at the grantee's election, but none is an ADU-specific program.
ZIP Code
- 32170
Post Office
- 301 Mission Dr, 32168
- 405c Flagler Ave, 32169
Locale Names
- Cpu Coronado