ADU rules in Fort Myers, FL — also called accessory dwelling unit regulations or granny flat ordinances — cover setbacks, owner-occupancy, parking, and permit requirements.
Fort Myers permits non-commercial guesthouses, cottages, and garage apartments accessory to a principal dwelling under LDC § 118.3.11 (defined in Chapter 142). These accessory dwellings are not subject to density calculations. Garage apartments specifically are only permitted in the Dean Park Historic District under LDC § 118.3.4.B. Size is typically capped at 50% of the principal dwelling or 1,000 sq ft (whichever is smaller).
Fort Myers Land Development Code § 118.3.11 (referenced through the accessory use provisions of § 118.3.4) governs non-commercial guesthouses, cottages, and garage apartments as accessory dwellings to a principal single-family residence. Under § 118.3.4.B, garage apartments are only permitted in the Dean Park Historic District, where they are recognized as a contributing element to that neighborhood's historic character. Detached and attached guest cottages may be allowed in single-family residential zones (RS-E, RS-5, RS-6, RS-7, RS-D) subject to the accessory use standards: the accessory dwelling must be clearly incidental and subordinate to the principal residence; total accessory structure floor area may not exceed 30% of the principal structure's gross floor area; the accessory dwelling must sit on the same lot as the principal residence; it must meet the zone's setback standards (front setback typically 20 ft; rear and interior side setbacks 10 ft for principal-scale structures, or 5 ft for accessory structures under 200 sq ft per § 118.3.4.A); and it cannot be located in the front setback or in waterfront/easement areas. The guest house counts as part of the principal residence for density purposes — meaning it does not consume an additional density unit. The unit must connect to the principal home's water and sewer service and cannot be sold separately. Florida does not have a statewide ADU preemption like Colorado HB24-1152, so local rules govern. Short-term rental of an accessory dwelling is subject to Fort Myers's general STR rules and FS 509.032(7)(b). A building permit and zoning review are required.
Building or occupying an ADU/guest house without permits is a violation of LDC § 118 and Florida Building Code: stop-work order, double permit fees, Code Enforcement action through Special Magistrate (fines up to $250/day first offense, $500/day repeat), and an order to remove the unpermitted structure or bring it into compliance.
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