Mixed Use (MU) Zoning Districts 

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During the City Commission's regular meeting on April 11, 2023, direction was given to staff to review permitted uses within the Mixed Use, Central Business Districts. The main considerations were limiting smoke shops, tattoo parlors, gun shops and liquor/package stores. Staff is currently in the data collection phase but will host public meetings in the near future after collecting data.

Below is video replay of the April 11 meeting. Skip ahead to 2:08:00 to watch Zone 2 Commissioner Lisa Martin raise the subject and the subsequent discussion among other city commissioners.


5.23.23 Staff met with representatives of the chamber, Flagler Business Association and the Canal Street Business Association to provide an initial overview of the project. 

7.16.23 The Daytona Beach News-Journal: Can NSB ban certain businesses in Flagler Ave., Canal St. districts? Officials weigh in

7.17.23 Staff introduced the project to the Planning and Zoning Board at their July meeting. 

7.17.23 Channel 2: New Smyrna Beach leaders discuss potentially restricting certain businesses

7.17.23 Fox Orlando: New Smyrna Beach considering changes to downtown area including mixed-use district. 

8.10.23 City Public Information Officer resends information and invitation to participate in survey to complete distribution list.  

9.14.23 Development Services hosted open house and invited public to take survey in-person.

9.21.23 Survey closed and results reviewed.  

Let us know which types of businesses you think should be permitted uses along Flagler Avenue and Canal Street by taking this four question survey. (closed 9.21.23)

  1. The Commission could choose to do nothing and leave the MU zoning district the way it currently is. 
  2. The Commission could choose to remove or add certain uses to the list of permitted uses by right in the MU zoning district. Permitted uses by right are allowed without any approvals. 
  3. The Commission could choose to make certain uses special exceptions in the MU zoning district. Special exception uses must be considered by the Planning and Zoning Board at public hearings first for recommendations to approve or deny to the Commission. Then a second public hearings occur at the Commission who give the final approvals or denials. Approvals are often accompanied by conditions such as hours of operation, noise control, etc.
  4. The Commission could choose to put distance buffers between uses so similar or conflicting uses are not clustered together. For example, establishments that have full alcohol but no food currently have a 1,000' buffer between them on Flagler Avenue. Click here to see the existing 1,000-ft. food/alcohol buffer on Traders. 
  5. The Commission could allow certain uses by right with conditions. For example, tattoo parlors are currently allowed in the MU zoning district but they cannot front on Canal Street or Flagler Avenue. 

Click here to see the full range of uses for the Mixed Use Zoning District.

Mixed Use Zoning District - Permitted and Accessory Uses Only

Permitted Uses in the Mixed Use District include:

  • Advertising companies 
  • Art studios 
  • Assisted living facilities 
  • Bakeries, nonmanufacturing 
  • Bed and breakfast homes 
  • Billiard halls 
  • Charter boat business 
  • Club, sports or health 
  • College level and adult educational facilities 
  • Communication facilities, such as radio, television, telephone, and telegraph buildings 
  • Convenience market with or without gas pumps 
  • Dancing establishments 
  • Day care centers, adult 
  • Delicatessens 
  • Funeral homes 
  • Government buildings and offices 
  • Grocery stores 
  • Laboratories 
  • Newspaper offices and printing shops 
  • Night clubs 
  • Offices, general, professional and real estate 
  • Package stores 
  • Parking lots 
  • Pawn shops 
  • Personal services 
  • Pet grooming 
  • Pet shop 
  • Recreational buildings and complexes 
  • Residential, attached dwelling unit 
  • Residential, duplex 
  • Residential, multi-family 
  • Residential, single-family 
  • Restaurants, type "A," "B," and "D" 
  • Retail sales and services 
  • Rooming houses 
  • Schools with no more than 250 students 
  • Service stations, types "A" and "B" 
  • Taverns 
  • Taxicab and bus stands and terminals 
  • Theaters 
  • Tour boat business 
  • Transient lodging: 
    • "Transient lodging rooms, standard," as defined by this LDR, shall be a maximum of 500 square feet. 
    • "Transient lodging rooms, deluxe," as defined by this LDR, shall be a maximum of 750 square feet. 
    • The maximum room size does not include any balcony, porch or deck area connected to the unit. 
    • No more than 30 percent of the units may be deluxe. 
  • Truck and trailer rentals (for properties in the district that front along U.S. Highway 1 and meet the conditions in [sub] section 801.18)  

Permitted accessory uses.

  • All those uses customarily associated with the permitted principal uses. 
  • Attached dwelling units that are structurally part of the principal commercial use. 
  • Sidewalk cafes that comply with [sub] section 801.14 of the LDR. 
  • Swimming pool, private, in conjunction with apartments, condominiums, hotels, motels, residential developments, bed and breakfast homes, and recreational buildings and complexes subject to the following: 
    1. It is located in the yard area between the rear wall of the residential structure and the rear lot line; or 
    2. It is located at the front or side of the building, but not in required yards, and a six-foot high solid opaque wall or fence totally encloses the pool area.