ADU Owner Occupancy: Cape Coral vs Fort Myers
How do adu owner occupancy rules compare between Cape Coral, FL and Fort Myers, FL?
Cape Coral, FL
Lee County
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.
View full Cape Coral rules →Fort Myers, FL
Lee County
No data available yet for Fort Myers.
Key Facts Comparison
| Fact | Cape Coral | Fort Myers |
|---|---|---|
| Owner-Occupancy | Required in practice via accessory-structure rules | - |
| Governing Code | LDC Art. 5 Ch. 2 (Accessory Structures) | - |
| Separate Sale | Not allowed without subdivision | - |
| State Law | Fla. Stat. 163.31771; 509.032(7) | - |
| Affidavit | May be required at permit issuance in RE zone | - |
| Enforcement | Code Compliance under Ch. 162, F.S. | - |
Highlighted rows indicate differences between cities.
Cape Coral FAQ
Do I have to live on the property to have an ADU in Cape Coral?
In practice, yes. Cape Coral's accessory-structure rules require any accessory living unit to be subordinate to a single-family principal residence on the same parcel, which effectively requires the property to be owner-occupied or at minimum operated as a single-family residence rather than as two independent rental households.
Can I sell my ADU separately from my main house?
No. Cape Coral does not permit subdividing a single-family lot to sell the ADU as a separate property. The accessory unit must remain part of the principal parcel and conveyed with the main dwelling.
Fort Myers FAQ
No FAQs available.
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