Town of Fort Myers Beach Florida

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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 ext. 1300 or email . 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 would be brought to our office at 2525 Estero Blvd., Fort Myers Beach between 8:30am-4:30pm M-F,  in most instances we are able to approve your request while you wait.   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 ext. 1300 or email

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. Completed Certificate of USE Application. You may download the application here.
  2. 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.
  3. A 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.
  4. 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.
  5. A completed Lee County Business Tax Account Application.  You may download the application here.
  6. Processing Fee of $100 is due at the time of application for a Certificate of USE permit.
  7. If there is a "change of use" at the proposed location, you may be subject to the payment of impact fees.
  8. Food Handling:  If your business involves any handling of food, contact the Division of Hotels and Restaurants at (850) 487-1395.
  9. 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.

Process:
Upon receipt of a completed application, required submittal documents and payment you will be issued a USE permit. The permit is subject to the following reviews and or inspections:
 

  • Zoning Review - Town staff will review the application upon receipt to ensure the type of business conforms to the local zoning regulations, including parking requirements.
  • Building Inspection - call the Town of Fort Myers Beach Inspection line at (239) 765-0202 ext. 1350 and reference the permit number (received when you apply) and the inspection type or schedule online at http://etrakit.fortmyersbeachfl.gov .  In addition to requesting your inspection online, you will need to call (239) 533-5801 (7:30-8:00 am) the morning of your requested inspection in order to coordinate the time of the inspection.
  • Fire Inspection requests should be requested through mail:  Separate fire inspection fees apply and are due to the Fort Myers Fire Department prior to inspection services. When requesting the fire department inspection include the following information:   USE permit number,  building owner/landlord name, address, phone number and email address and occupant/business owner name, address, phone number and email address. 

Applications are received at our office at 2525 Estero Blvd., Fort Myers Beach between 8:30am-4:30pm M-F, in most instances the process for a Commercial USE permit takes approx. 7-10 days depending on your inspection requests.    The fee charged by our office is $100.00.    If you have any questions on the location and type of business qualifying for a Certificate of USE please call 239-765-0202 ext. 1300 or email   .

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

Affidavit for Home Occupation
Certificate of USE Application
Lee County Business Tax Account Application




2525 Estero Blvd  •  Fort Myers Beach, FL  •  Ph. (239) 765-0202 • Fx. (239) 765-0909
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