Certificate of Use and Home Occupation

Guidelines for Opening your New Business
When opening a new business within the Town of Fort Myers Beach either from your Home or a Commercial location you will be required to obtain zoning approval from the Town of Fort Myers Beach Zoning Department.
 If you have any questions on the location and type of business qualifying for a Certificate of USE please call 239-765-0202,  or email zoningpermits@fmbgov.com. Once this approval is obtained, you will need to obtain a Business Tax Receipt from the Lee County Tax Collector. Contact the Lee County Tax Collector at 239-533-6000 or online at www.leetc.com with any Local Business Tax Receipt questions.

Home Occupation (The business is located within your residence)
The type of business must be incidental and subordinate to the use of the structure as a residence and there must be no exterior indication that the dwelling is being used for any purpose other than a residence. The Home Occupation requirements may be found in LDC 34-1771 .

You will be required to acknowledge the Affidavit for Home Occupation and provide a signed copy to our office. You may download the affidavit here.

The Business Tax Application from the Lee County Tax Collector will need to be completed and then signed by our office. You may download the application here.

Both these documents must be emailed to zoningpermits@fmbgov.com. The fee charged by our office is $25.00. If you have any questions on the type of business qualifying for a Home Occupation please call 239-765-0202, or email zoningpermits@fmbgov.com.

Commercial Location
Your business is conducted from a commercially-zoned store front/building location. If the nature of your business requires any alteration or construction than this process does not apply and you would apply for a Commercial Building Permit. The Town of Fort Myers Beach does not allow mobile vending.

Submittal Requirements:

  1. Processing Fee of $100 is due at the time of application.
  2. Completed Certificate of USE Application. You may download the application here.
  3. A floor plan showing the existing layout of your space. Indicate the size of the space, including existing walls, partitions, counters, electrical layout, plumbing fixtures, doorways, restrooms, etc.
  4. A  site plan should include location of the structure, unit location, and parking diagram indicating the location of all parking spaces on the property. If your location is in a multiple occupancy complex, please indicate on the parking diagram which spaces are allocated to your unit.
  5. Garbage collection verification. You are required by Lee County Ordinance #95-19 to make provisions for garbage collection for your business. Please provide proof of garbage collection service and submit with your Certificate of USE application This could be a copy of your garbage bill, copy of your lease which states landlord will provide garbage collection services, etc. Advanced Disposal provides garbage collection and recycling services for all areas of the Town of Fort Myers Beach. Contact Advanced Disposal at 239-334-1224 or fax at 239-433-2550.
  6. A completed Lee County Business Tax Account Application. You may download the application here.
Process:

Upon receipt of a completed application, required submittal documents and payment your application will be reviewed.
1. Zoning Review- Town staff will review the application to ensure the type of the business conforms to the local zoning regulations, including parking requirements.
2. Fire Review- is required by the Fire Marshal's office for any commercial location. Separate fire inspection fees apply and are due prior to release of the Zoning Use Permit. Fire Department phone #(239) 590-4200

Once a Zoning Use permit is issued, you will need to schedule the following inspections:
1. Building inspection- Town offers 2 options to schedule your inspections.

  • Call (239)-765-0202, ext # 8008
  • Email request to inspections@fmgov.com
  • 1. Fire inspection will be performed to confirm that all fire code requirements are met. This inspection can be scheduled by contacting the Fort Myers Beach Fire Department by emailing prevention@fmbfire.org. You will need to provide the permit #, address, phone number and any pertinent information regarding your inspection. Fire Department phone #: (239) 590-4200
Regulations and Information

  1. If there is a "change of use" at the proposed location, you may be subject to the payment of impact fees.
  2. Food Handling: If your business involves any handling of food, contact the Division of Hotels and Restaurants at 850-487-1395.
  3. Buying an Existing Business and/or Changing Name: A Certificate of USE is required even if you are only changing the name of the business. Certificate of USE permits will be issued in your name and still require inspections.
When the zoning review and all subsequent inspections and documents have been received in our office a Certificate of USE will be issued. Once issued, this certificate of USE allows the applicant to occupy the space requested. A copy of the Certificate of USE should be taken to the Lee County Tax Collector in order to receive the Lee County Business Tax Receipt. You will need to have both a Town of Fort Myers Beach Certificate of USE and a Local Business Tax Receipt in order to open your business.

IMPORTANT NOTE REGARDING SIGNS:
Additional permits are required for any new signs to be erected or for any modification of an existing sign for your business. All sign permits must be applied for and installed by a registered general or sign contractor. Click here to download the sign application.

LINKS
Commercial Building Application
Affidavit for Home Occupation
Zoning Use Application
Lee County Business Tax Account Application