Fort Myers, FL Accessory Structures: ADU Owner Occupancy (2026)
Key Facts
- Governing section
- LDC § 98.4.6.B.5.a.2)
- Full-time resident test
- 9+ months/year plus homestead exemption
- New garage apartments
- barred outside Dean Park Historic District
- Renewal fee
- $50 annually, due October 1
Summary
Fort Myers bars renting a registered garage apartment unless the owner lives in the main house as a full-time, Florida-homestead resident, and blocks new garage apartments outside Dean Park.
There shall be no rental or leasing of the garage apartment unless the principal residence is occupied by the property owner as a full time resident of the city. Full time resident means living at the residence for at least nine months of the year and possessing a current Florida Homestead Exemption for that property from the Lee County Property Appraiser.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 60).
Full Breakdown
Fort Myers's Land Development Code treats detached garage apartments as legacy accessory dwelling units, not a general ADU program. Under the vested-garage-apartment registration scheme (LDC § 98.4.6), a garage apartment that was already being rented before December 31, 2002 can keep renting only if the owner files a $50 annual renewal by October 1 and the principal house on the same lot is the owner's full-time residence: living there at least nine months of the year and holding a current Florida Homestead Exemption from the Lee County Property Appraiser. New garage apartments are prohibited in every single-family zoning district except the Dean Park Historic District.
Violations & Fines
Renting a garage apartment while the owner does not occupy the main house as a full-time homestead resident forfeits the registration, and code enforcement can pursue the unit as an unpermitted nonconforming accessory use under City Code ch. 2.
Frequently Asked Questions
Can I rent out my Fort Myers garage apartment if I don't live on the property?
Can I build a new garage apartment in Fort Myers?
Sources & Official References
Other rules in Fort Myers
Florida rules heatmap·Compare Fort Myers to another location·View the Florida accessory structures overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.