Cape Coral's Land Development Code does not currently impose a formal recorded owner-occupancy affidavit on accessory dwelling units in the RE district, but in practice the city's accessory structure framework treats accessory living quarters as an extension of the primary single-family residence. Guest houses on standard residential lots cannot be rented and must remain accessory to an owner-occupied primary dwelling. Florida Statute 163.31771 contemplates affordable-rental ADUs and does not preempt local owner-occupancy conditions.
Under LDC Article 5, Chapter 2, accessory structures (including guest houses and accessory living quarters) must be incidental and subordinate to the principal residence on the same parcel. Cape Coral's accessory-structure rules effectively require that the primary dwelling remain a single-family residence; an accessory living unit cannot be conveyed separately or used as an independent second household for rent on most residential lots. In RE zones where a true ADU may be permitted, the city may require an affidavit at building permit issuance acknowledging that the unit cannot be sold separately from the principal dwelling, consistent with Florida Statute 163.31771(3)(b) which contemplates affordable-rate affidavits. Short-term rental of either the primary or accessory unit is also constrained by Florida Statute 509.032(7), which preempts cities from banning short-term rentals but allows registration and parking/occupancy regulation. Cape Coral has a short-term rental registration program enforced by Code Compliance.
Renting a guest house in a standard residential zone, or using an accessory unit as a separate household where prohibited, is a code violation enforceable by Code Compliance. Daily fines under Chapter 162, Florida Statutes can reach $250 per day for first violations and $500 per day for repeat violations. The city may issue cease-and-desist orders and record liens against the property. Selling an ADU separately from the principal residence is not permitted where lot subdivision is prohibited.
Cape Coral, FL
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Cape Coral, FL
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Cape Coral, FL
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Cape Coral, FL
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Cape Coral, FL
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See how Cape Coral's adu owner occupancy rules stack up against other locations.
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