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Fort Myers, FL Accessory Structures: ADU Rental Restrictions (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Vested cutoff
garage apartment existing before 12-31-2002
Renewal fee
$50 annually, due October 1
New construction
barred outside Dean Park Historic District
Occupancy rule
owner must be full-time resident to rent
Parking
one to two off-street spaces required

Summary

Fort Myers bars new garage-apartment rentals in single-family zoning outside the Dean Park Historic District; only garage apartments that existed before December 31, 2002 and were registered with the city may keep renting, subject to annual renewal and full-time owner-occupancy of the main house.

However, garage apartment rental use for garage apartments existing on December 31, 2002, except in Dean Park ("vested garage apartments"), will be permitted in conjunction with a separate single-family dwelling only pursuant to the registration process as completed on July 1, 2004. All rental of garage apartments shall cease by January 1, 2007 except where specifically permitted in the zoning district or as approved pursuant to this registration process.

View official code

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

The Land Development Code treats a garage apartment as an accessory structure separate from the single-family principal building. 'Vested garage apartments' existing before December 31, 2002 (outside Dean Park) could register through a process completed July 1, 2004, sorted into four categories, including apartments built before June 24, 1953 and units in the Seminole Park, Edison Park, York Manor and Riverside subdivisions. Registered units require a $50 annual renewal by October 1, no rental unless the owner is a full-time resident holding a Florida Homestead Exemption on the property, one to two off-street parking spaces, and only one apartment per lot. New garage apartments are prohibited citywide except within the Dean Park Historic District.

Violations & Fines

Renting an accessory structure that was never designated and registered as a garage apartment is presumed an unpermitted use and is subject to code enforcement under Chapter 2 of the City Code; missing the October 1 renewal ends the registered exemption.

Frequently Asked Questions

Can I build a new garage apartment to rent out in Fort Myers?
No. New garage apartments are prohibited in every single-family zoning district except the Dean Park Historic District; only apartments existing before December 31, 2002 can register for continued rental.
Do I have to live in the main house to rent my garage apartment?
Yes. Rental is allowed only while the principal residence is occupied by the owner as a full-time resident holding a current Florida Homestead Exemption on the property.

Sources & Official References

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