ADU rules in Lee County

An accessory dwelling unit is defined as a living unit subordinate to a single-family home which is either attached with cooking facilities, or detached with or without cooking facilities. Detached units qualify only under the accessory dwelling unit track (subject to Lee Plan density), not the density-exempt accessory apartment track, which is attached only. Listed as permitted (P) in agricultural, most one and two family (RSA, RS-1 through RS-5, TFC-1, TFC-2), RM-2 through RM-10 multifamily, several commercial (C-1A, C-1, C-2, C-2A, CS-1), and RPD and MPD planned development districts, and only when accessory to a lawfully permitted single-family dwelling; not permitted in RSC-1, RSC-2, TF-1, or Airport Noise Zone B under the county-wide tables.

Two attached tracks exist: an accessory apartment (a living unit without cooking facilities, subordinate and attached to a single-family residence with at least one common adjoining interior door, exempt from Lee Plan density except on Gasparilla Island) and an attached accessory dwelling unit with cooking facilities, which counts against Lee Plan density. Maximum of one accessory apartment or one accessory dwelling unit per principal single-family residence.

No fixed square footage cap; the limit scales with the main house. The property must be a lawfully existing lot of record or meet the minimum lot area, width, and depth of its zoning district.

Sec. 34-1177, read in full as amended through Ord. 25-09 (4-15-2025), imposes no owner occupancy requirement, and the Sec. 34-2 definitions expressly contemplate that both accessory apartments and accessory dwelling units could be made available for rent or lease.

The one-extra-space rule applies to both accessory apartments and accessory dwelling units.

Shown as P (permitted by right when in compliance with all applicable regulations, per the Sec. 34-621(b) symbol legend) in the use tables for the districts that allow the use, always limited to lots with a lawfully permitted single-family dwelling. Exception: in planned development districts, table note (21) states a special exception may be required in RPDs and residential areas of MPDs.

The county-wide code sets no minimum rental duration for accessory units outside the Captiva community plan area; Sec. 34-1177 itself contains no rental term limits.