This page provides current and historic information about planning activities of the Town of Fort
Myers Beach, Florida. For everything else you might want to know about the Town of Fort
Myers Beach, visit their web site.
You will need the Adobe Acrobat Reader to view or print these files. Printing is
recommended unless you have a very large monitor. Be sure to use the print button on
Acrobat Reader, not the regular print button (or File|Print command) in your web browser.
Acrobat Reader is available free by clicking on the yellow "GET ACROBAT READER"
button to the right; you can download the reader directly from Adobe.
During 2008 and 2009, thirteen separate amendments to the Fort Myers Beach
Comprehensive Plan were considered and adopted. All of these amendments were initiated by the Town of Fort Myers Beach after
completion of the Evaluation/Appraisal Report, which was adopted in January
2007.
Application 2008-01-TEXT:
Update the Capital Improvements Element to comply with new statutory
requirements, including the annual update to the five-year schedule of capital
improvements
Application 2008-02-TEXT: Add a new Public Schools Element to the
comprehensive plan and make corresponding policy changes to the
Intergovernmental Coordination and Capital Improvements Elements.Application 2008-03-TEXT: Revise Policy 4-D-1 and revise or repeal Policy
5-C-7 regarding "repetitive loss" properties under the National Flood
Insurance Program
Application 2008-04-TEXT: Clarify Policy 4-E-1 to maintain the original
intention of pre-disaster buildback and to provide additional incentives
Application 2008-05-TEXT: Clarify Policy 4-C-6 so that it unquestionably
applies to all guest units, not just to motel rooms
Application 2008-06-TEXT:
Amend the Future Land Use Element to establish as town policy the desirability
of retaining a wide variety of short-term lodging establishments that support
the town's economy and walkability, and to specifically allow condominium
ownership of lodging establishments provided they will be operated as hotels
or motels
Application 2008-07-TEXT: Amend Policy 7-B-3 to make its second clause
permissive rather than mandatory and to reference the potential for other
reasons that might cause the town to negotiate turnover of maintenance
responsibility for Estero Boulevard; amend Objective 7-E in a corresponding
Application 2008-08-TEXT: Delete Policy 7-H-3 regarding left-turns on Estero Boulevard as northbound traffic passes Times Square
Application 2008-09-TEXT:
Modify Policy 7-J-2 to set a new date for modifying the land development code
to require a useful traffic impact analysis for new developments
Application 2008-10-TEXT: Revise Objectives
9-E and 9-F to set a realistic
timetable for the completion of a stormwater master plan
Application 2008-11/12-TEXT:
Revise Policy 8-C-6 to delete references to the Public Service Commission and
Florida Cities Water Company; update the text of the Utilities Element to
reflect the town's acquisition of the potable water distribution system from
Florida Cities; modify the Utilities Element to reflect the latest ten-year
water supply plan; and make corresponding policy changes to the Conservation,
Intergovernmental Coordination, and Capital Improvements Elements
Application 2008-13-TEXT: Modify the Coastal Management Element to reflect the state’s new definition of “coastal high-hazard
area”
Application 2008-14-MAP: Modify the Future Land Use Map,
Policy 4-B-2, and Chapter 1 to depict the
state’s new definition of “coastal high-hazard area”
The Town Council adopted the
Evaluation/Appraisal Report on the Fort Myers Beach Comprehensive Plan after
a public hearing
on January 16, 2007; this report was
officially accepted by the Florida Department of Community Affairs on April
4. Next steps will be discussed by the Town Council on May 14, 2007. The town previously forwarded its
Proposed Evaluation/ Appraisal Report to state officials for
preliminary review comments. The Town Council held initial workshops on this
report on March 22 and June 13 of 2006; a memorandum that suggested the
next steps is available here.
A special meeting of the Town Council was held on August 1 to review those
suggestions and to modify the report before sending it for preliminary review.
A workshop concerning redevelopment in the Times Square area was held by the
Fort Myers Beach Town Council on November 29, 2006. Background information is available
here.
On March 14, 2006, the Local Planning Agency held its formal public hearing on the
evaluation of the Fort Myers Beach Comprehensive Plan. LPA members unanimously
agreed that its work on this report has been concluded and forwarded the report to the
Town Council. Available here:
Earlier draft of this report considered by the LPA on March 14; transmittal
memo to LPA describing changes from earlier drafts.
The Traffic Mitigation Agency discussed the transportation sections of the
evaluation and appraisal report on
November 9, 2005. The background material for that discussion is available
here. (This meeting has been
rescheduled from its original date of October 26, 2005.)
The Local Planning Agency held another workshop on the
evaluation of the Fort Myers Beach Comprehensive Plan on October 11, 2005, at which
time they reviewed a draft of the
fifth section of the evaluation
and appraisal report. The Local Planning Agency's previous workshop on the evaluation of the
Fort Myers Beach Comprehensive Plan was held on September 13. The LPA reviewed a draft of the first four
sections of the evaluation and appraisal report. The Local Planning Agency's previous workshop was held on August 9. The LPA
reviewed a preliminary draft of the
first three sections of the evaluation and appraisal report.
The Local Planning Agency held a workshop on the evaluation of the
Fort Myers Beach Comprehensive Plan was held on June 21, 2005. The
agenda included these four items:
Now available: correspondence
with the Florida Department of Community affairs on the scope of this
evaluation.
COMMUNITY DESIGN WORKSHOP --- "REDESIGNING OUR TOWN"
A second workshop concerning redevelopment in the Times Square area will be
held by the Fort Myers Beach Town Council on November 29, 2006, at 5:30 PM. Background information is available
here.
The Town of Fort Myers Beach began a community design process
with a March 8, 2005, workshop to begin evaluating
and improving the Comprehensive Plan. A
"work-in-progress" presentation led by Victor Dover of Dover, Kohl & Partners
was held the evening of April 7, 2006; download a flyer for that event
here. This presentation was broadcast
live on the town's cable TV channel and rebroadcast several times.
The plans and drawings shown during the April 7th presentation are now available
here:
Other topics for discussion at these workshops has included:
How can Estero Boulevard be improved for motorists, pedestrians,
bicyclists, and trolleys? DETAILS
Are the town's "buildback" rules for older buildings too lenient or too
strict? DETAILS
Is it in the town's best interest for motels to be converted to condos?
DETAILS
The next discussion was held before the Local Planning Agency on
May 10, 2005; background for that meeting is available
here.
During February of 2005, the Local Planning Agency
continued its discussion on the upcoming evaluation and appraisal report,
particularly its list of major issues and plans for the March 8 charrette;
background material is available here.
Previous discussions were held on January 25, 2005, and December 7, 2004. Background material
for the October 19, 2004 discussion is available
here. Background material for the first
discussion in June is available here. The
Fort Myers Beach Comprehensive Plan was the result of an intensive 2½-year
effort that began shortly after incorporation of the town and ended with the new
plan taking effect in 1999. Florida’s growth management system requires the periodic
reevaluation of the entire comprehensive plan.
New flood elevations have been adopted for Fort Myers Beach, setting
the lowest floor level for all new and substantially improved buildings. The new
maps prepared by FEMA were adopted by the town through
Ordinance 08-09
on August 18, 2008. The
newspaper advertisement
provides some details; an early draft of proposed Ordinance 08-09 can be downloaded by clicking
here.
In early August of 2006, the Federal Emergency Management Agency (FEMA) released
preliminary flood insurance rate maps (FIRMs) that it proposes to substitute for
the existing maps that now regulate development at Fort Myers Beach. FEMA held a public meeting on these proposals at Town Hall on October 26, 2006; further information is
available from
Lee County.
The Town
of Fort Myers Beach has retained Tomasello Consulting Engineers, Inc. (TCE) to
review FEMA's technical analysis and proposed maps. This evaluation is contained
in two reports.
The first, titled "Summary Report," identified data gaps or mapping alternatives that may have been overlooked by FEMA or its contractors, and examined additional engineering or modeling tasks that might supplement the work that had been completed to date.
The second, titled "Summary Report 2," evaluated the Draft Preliminary Flood Insurance Rate Maps (FIRMs) provided to town officials
in the fall of 2005 and identified how and why they differed from the pre-existing maps. This
report recommended that FEMA consider the more thorough analyses contained in these reports and apply them to
more locations than FEMA has done thus far; the FEMA computer model was applied
as infrequently as once every two miles along Fort Myers Beach, requiring
interpolation and guesswork to create the detailed regulatory maps between those
locations. The more thorough methodology would reduce the negative impacts of
the proposed maps on property owners throughout the town.
These reports have been forwarded to FEMA by town officials and are awaiting
a response from FEMA.
The Town Council adopted Ordinance
07-09 on January 23, 2008 to modify LPA membership terms in Chapter 34.
After earlier public hearings on modified regulations for lodging
establishments at Fort Myers Beach, a final public hearing was held on February
11, 2008. Ordinance 07-04 was
adopted on that date. Background information is available
here and
here. On May 8, 2007, the Local Planning Agency
had recommended approval of a earlier version of
proposed Ordinance 07-04.
The Town Council adopted
Ordinance 07-03
on April 2, 2007 to modify Chapters 14 and 27 of the Land Development Code. The
primary effect of this ordinance is to establish policy regarding beach raking.
The Local Planning Agency held workshops on January 23 and previously on
December 12, 2006, to discuss two subjects for potential changes to the land development
code: changes to building coverage
percentages, and changes affecting
neighborhood flooding.
Ordinance 06-18 has been adopted by the
Town Council amending the floodplain regulations in Chapter 6 of the
land development code and amending related provisions in Chapter 34 regarding
building heights. The Town Council held its final public public hearing on December 11, 2006.
A draft of the ordinance and a transmittal memo
as considered at the final public are still available. The first public
hearing was held on November 6; download the
previous draft of the ordinance or the
transmittal memo. This ordinance was the subject of a previous public hearing
before the Local Planning Agency on September 12, at which time
the LPA reviewed the
first draft
of the ordinance, a
transmittal memo; and review comments
regarding proposals by Andrew DeSalvo.
On October 10, 2006, the Local Planning Agency held a
workshop concerning the conversion or parcelization of existing hotels and
motels. A background memo is available
here.
Ordinance 06-09 modified the composition of the Local Planning Agency,
effective March 20, 2006. Ordinance
05-22 increased
the number of members of the Local Planning Agency, effective September 12, 2005.
Replacement pages are now
available for both ordinances.
Ordinance 05-24
made an emergency amendment to chapter 14 which has since expired.
Ordinance 05-21 added a new
section 34-636 to chapter 34 which addresses parcelization and subdivision of
existing buildings. This ordinance was adopted and took effect on June 6, 2005.
Replacement pages are available here.
Two ordinances amending the land development were adopted and took effect on
April 18, 2005:
Ordinance 05-07
made numerous changes to chapters 1, 2, 6, 10, 26, and 30:
Chapter 1: GENERAL PROVISIONS
Chapter 2: ADMINISTRATION
Chapter 6: MAINTENANCE CODES, BUILDING CODES, AND COASTAL REGULATIONS
Chapter 10: DEVELOPMENT ORDERS AND ENGINEERING STANDARDS
The town's land development code is available below in
codified format; click below to download the entire code or individual chapters.
These chapters have been updated to include all changes made through
Ordinance 06-18 on
December 11, 2006.
All zoning resolutions, including those that change zoning
districts for specific properties, are now available on-line. Click on the
"Zoning" folder in the upper left corner, then click on the "Resolutions"
folder, then select the type of resolution you are looking for. This service is
courtesy of Lee County.
For those with a printed copy of the entire code through Ord. 05-21, replacement pages through are now available.
RECENTLY ADOPTED - NOT YET CODIFIED - The Town Council
has recently adopted the following ordinances:
Ordinance
07-03 on April 2, 2007 to modify Chapters 14 and 27 of the Land Development
Code regarding beach raking.
Ordinance 07-09 on
January 23, 2008 to modify LPA membership terms in Chapter 34.
Ordinance 07-04 on February 22, 2008 to modify lodging regulations in
Chapter 34.
Ordinance 08-03 on April 7, 2008 to modify real estate sign
regulations in Chapter 30
Ordinance 08-09 on August 18, 2008 to set the
lowest floor level for all new and substantially improved buildings in
Chapter 6
Ordinance 08-11 on September 15, 2008 to change procedures for
appointments to the Local Planning Agency in Chapter 34
Ordinance 09-01
on December 21, 2009 to establish procedures for vacating real property
Ordinance 09-02 on April 6, 2009 to change standards and procedures
for administrative amendments to approved master concept plans in Chapter
34
The compilation of the entire code can be used for searching for words or
other text strings throughout the code from most Adobe Acrobat/Reader
products. In versions 5 and earlier, use "Find" on the "Edit" menu. In
version 6, use "Search" on the "Edit" menu.
TABLE OF
CONTENTS
Table of
Contents (which indicates the adoption and all
amendment dates for each chapter (through Ord. 06-18).
CHAPTER 2 Administration (as amended through Ord.
06-14)
Article I: In General
Article II: Concurrency Management System
Article III: Development Agreements
Article IV: Impact Fees
Article V:
Code Enforcement
Article VI: Implementing Public Capital Improvements
CHAPTER 10 Development Standards (as amended through
Ord. 06-14.
Article I: In General
Article II: Development Orders and Plats
Article
III: Engineering and Environmental Design Standards
Article IV:
Stormwater Discharges and Erosion Control (NPDES Requirements)
JUST ADOPTED - NOT YET CODIFIED - The Town Council adopted
Ord. 09-01 on
December 21, 2009 to modify Chapter 10 of the Land Development
regarding vacation of real property.
CHAPTER 14
CHAPTER 14 Environment
and Natural Resources (as amended through Ord. 02-29)
Article I: Beach and Dune Management
Article II: Sea Turtle
Conservation
Article III: Southern Bald Eagle Protection
Article IV:
Wetlands Protection
Article V: Tree Protection
Article VI: Mangrove
Enforcement (Ord.
05-24 made an emergency amendment which has since expired.)
JUST ADOPTED - NOT YET CODIFIED - The Town Council adopted
Ord.
07-03 on April 2, 2007 to modify Chapters 14 and 27 of the Land
Development Code. The primary effect of this ordinance is to establish
policy regarding beach raking.
CHAPTER 22
CHAPTER 22 Historic
Preservation (as amended through Ord. 02-01)
Article I:
In General
Article II: Administration and Enforcement
Article III:
Designation of Historic Resources and Districts
Article IV:
Maintenance and Repair
CHAPTER 26
CHAPTER 26 Marine Facilities (as amended through
Ord. 05-07).
Article I: In General
Article II: Seawalls, Docks, and Other Shoreline
Structures
Article III: Marine Sanitation
CHAPTER 27
CHAPTER 27 Personal
Watercraft and Parasailing (as amended through Ord.
01-05)
Article I: Definitions and Enforcement
Article II: Personal
Watercraft
Article III: Parasailing
Article IV: Additional Rules and
Procedures Applying to Both Personal Watercraft and Parasailing
JUST ADOPTED - NOT YET CODIFIED - The Town Council adopted
Ord.
07-03 on April 2, 2007 to modify Chapters 14 and 27 of the Land
Development Code. The primary effect of this ordinance is to establish
policy regarding beach raking
CHAPTER 34 Zoning Districts, Design Standards, and Nonconformities
(as amended through Ord.
05-08, 05-21,
05-22,
06-09, and
06-18).
Article I: In General (sections 34-1 through 34-50)
Article II: Zoning
Procedures (sections 34-51 through 34-610)
Article III: Zoning
District Regulations (sections 34-611 through 34-1168)
Article IV:
Supplemental Regulations (sections 34-1169 through 34-3200)
Article V:
Nonconformities (sections 34-3201 through 34-3275)
Ord. 05-21 added
a new section 34-636 to chapter 34 which addresses parcelization and
subdivision of existing buildings. For those with a printed copy of
the entire chapter through Ord. 05-08,
replacement pages reflecting Ord. 05-21 are now available.
Ord. 05-22
increased the number of members of the Local Planning Agency.
Ord. 06-09 further
modified the composition of the Local Planning Agency. For those with
a printed copy of the entire code through Ord. 05-21,
replacement pages
through Ord. 06-09 are now available.
Ord.
06-14 renamed the "special master" as "special magistrate" to
conform to state law.
Ord. 06-18
amended the building height regulations in 34-631. For those with a
printed copy of the entire code through Ord. 05-21,
replacement
pages through Ord. 06-18 are now available.
On May 17, 2004, the Town
Council approved two resolutions that
adopted "official" and "historic" zoning maps for the entire town. These maps are
the result of the new zoning chapter (chapter 34) of the town’s land development
code, which was adopted by Ordinance 03-03 on March 3, 2003 to implement the
town’s 1999 Comprehensive Plan. Background memos are now available that
explain both maps and contain attachments with drafts of resolutions and
reproducible copies of the maps.
The final adopted resolutions are available by clicking
below:
Ordinance 03-03 adopted an "interim" zoning map that assigned new zoning
districts to all land in the town. The
new "official" zoning map uses the same
zoning districts as assigned by Ordinance 03-03 but adds relevant variances,
special exceptions, special permits, rezonings, and similar approvals that were
approved by resolution through April 1, 2004. The conversion of the "interim"
zoning map into the "official" zoning map is mandated by Section 34-614 of the
town’s land development code. The official zoning map includes key numbers that
are explained by detailed notes that provide a record and index of variances,
special exceptions, special permits, and similar approvals.
The new "historic" zoning map shows the zoning districts that applied to
all properties immediately prior to the adoption of Ordinance 03-03 and all
variances, special exceptions, special permits, and similar approvals that had
been approved by Lee County or the Town of Fort Myers Beach prior to the
adoption of Ordinance 03-03. This map provides a historic record of past zoning
actions and prior zoning status that may affect the nonconforming status of
certain properties within the town. The historic zoning map also includes key
numbers that are explained by detailed notes that provide a history of prior rezonings, variances, special exceptions, special permits, and similar approvals
that had been approved before Ordinance 03-03 was adopted on March 3, 2003.
Both of these maps can also be downloaded in files that
permit them to be printed out in full color for wall mounting (up to 36" by
48"). The key numbers refer to the same index of variances and special
exceptions in the resolutions.
Reprint of official zoning map (color
wall map, without notes) -- printed copies of this map can be purchased from
the Map Room at the Lee County
Property Appraiser's main office in Fort Myers.
Reprint of official zoning map
(color wall map, without notes) -- printed copies of this map can be
purchased from the Map Room
at the Lee County Property Appraiser's main office in Fort Myers.
In early 2005, the Town of Fort Myers Beach considered
two draft ordinances
(also see additional proposed changes dated
April 11
and April
18) that would update
the following chapters of the town's land development code:
Chapter 1: GENERAL PROVISIONS
Chapter 2: ADMINISTRATION
Chapter 6: MAINTENANCE CODES, BUILDING CODES, AND COASTAL REGULATIONS
Chapter 10: DEVELOPMENT ORDERS AND ENGINEERING STANDARDS
Chapter 26: MARINE FACILITIES
Chapter 30: SIGNS
Chapter 34: ZONING DISTRICTS, DESIGN STANDARDS, AND NONCONFORMITIES
Ordinance 05-07
was adopted on April 18, 2005, amending chapters 1, 2, 6, 10, 26, and 30.
Ordinance 05-08 was
adopted on April 18, 2005, amending chapter 34.
Ordinance 05-21 was
adopted on June 6, 2005, adding a new section 34-636 to chapter 34 which
addresses parcelization and subdivision of existing buildings.
Codified versions of these chapters are available
here, including all changes through Ordinance 05-08. Replacement pages
that reflect Ordinance 05-21 are available here. The previous codification of the entire code, as amended
through Ord. 04-09 but
NOT including these latest ordinances, can be downloaded
here.
The code was overhauled chapter by chapter between 1999 and 2003; these
ordinances were to resolve various errors, problems with implementation, and
inconsistencies between chapters. Final public hearings were held before the
Town Council on
April 4 and April 18. Two separate ordinances were proposed: The first ordinance
was to
amend chapters 1, 2, 6, 10, 26, and 30, and the second was to
amend chapter 34. Both ordinance drafts and all backup material may be downloaded by
clicking here.
These ordinances were formally introduced before the Town Council on March
21, 2005.
These code updates had been under consideration
since June 2004. Early drafts and backup material that went
to the Local Planning Agency for those hearings may be downloaded by
clicking here; also download the
January 12 recommendations from MRTF
here; additional
backup for the January 25th continuance
here
regarding back-lit awnings, exterior lighting, and appeals; additional backup
for the February 8th continuance
here
about fill permits, floodplain standards, residential uses in marinas, and
corner visibility; and additional backup for the February 22nd continuance
here about fill permits, code interpretations, density, hotels/motels, and
storage containers. The LPA directed that chapters 14 and 27 be
remanded to the Marine Resources Task
Force for further consideration.
The Marine Resources Task Force began reviewing drafts of
potential amendments to the Land Development Code regarding
activities on and along the beachfront
in November 2004.
Further discussion was held at the December 8th meeting; backup material for December 8th is available
here.
Final recommendations were
made at the January 12 meeting; backup material for that meeting is available here.
Proposed changes to Chapters 14 and 27 were later remanded back to the Marine
Resources Task Force for further consideration.
On December 21, 2004, the Local Planning Agency reviewed a
draft
of amendments to the Land Development Code chapters 1, 2, 6, 14, 26, 27, 30,
and 34. See the preceding item for details on the upcoming public hearings. (On June 22, the Local Planning Agency reviewed a
earlier draft
of amendments to the Land Development Code chapters 1, 2, 6, 14, 27, and
34.)
On June 30, 2004, two ordinances amending the Land Development Code were
adopted by the Town Council:
Ordinance 04-08 modifies the regulations for the outdoor display of merchandise and
outdoor dining in the DOWNTOWN zoning district. The current regulations are
found in Section 34-677 of the code.
Click here for the
final recommendation of the Local Planning Agency after their June 8th public
hearing. Ordinance 04-09 amends the town’s floodplain regulations, which are found in Article IV
of Chapter 6 of the land development code. Floodplain regulations establish
minimum floor heights for new and substantially improved buildings to protect
them from future flood damage. These changes do not alter these minimum
heights but affect many other provisions of these regulations,
particularly as they relate to existing buildings.
Codification pages reflecting the changes made by Ordinances 04-08 and 04-09
are available here. The
complete Chapter 6 codified through Ordinance 04-09 only is available
here.
On May 18, 2004, the Local Planning Agency considered revisions to
the town's
floodplain regulations which are found in Chapter 6
and the outdoor display of
merchandise regulations that are found in Chapter 34 of the Land Development
Code. The LPA recommended approval of the floodplain regulations but continued
the public hearing on outdoor display until the June 8th noon meeting; a revised
draft is available here.
The Local Planning Agency held its formal public
hearing on the new Chapter 10 on November 18, 2003.
The LPA voted unanimously to find this ordinance consistent with the comprehensive plan and to
recommend its approval, including the final proposed changes to §§ 10-321(a)(3)
and 10-416(c)(7).
A revised draft of the
proposed ordinance that reflects the LPA's discussion on September 16 (and other minor changes) is available with the
complete background material for that
public hearing; please also download a
supplemental memo dated November 17 with additional proposed changes to
10-321(a)(3) and 10-416(c)(7).
The Local Planning Agency reviewed proposed revisions to Chapter 10 of the Land Development Code on September 16. Click here
to download all background material for that meeting.
Chapter 10 codified through Ordinance 04-01 only is available
here.
On December 15, 2003, the Town Council adopted amendments to Chapter 2
substituting a special master for Lee County's hearing examiner for code
enforcement cases.
Ordinance 03-12 contains these
changes, in underline-strikethrough format for an easy comparison with the
previous chapter. Codified
versions
of this and all other
chapters of the Land Development Code are now available; a previous codification
through Ordinance 03-12 only is available here.
The Fort Myers Beach Local Planning Agency discussed residential design standards again at its
meeting on October 21, 2003 at noon at Town Hall. A previous discussion on this subject was held on June 17, 2003.
On June 2, 2003, the Town Council adopted amendments to Chapter 30 on signs. Ordinance 03-06 contains these
amendments. Codified
versions of this and all other chapters of the Land Development Code are now
available; Chapter 30 codified through Ordinance 03-06 only is availablehere.
A final public hearing was held on March 3, 2003, on the new zoning chapter (Chapter
34) of the Fort Myers Beach Land Development Code. Chapter 34 includes a new "interim
zoning map" that assigns new zoning districts to all properties in the town and
regulates the short-term rental of private dwellings in certain single-family
neighborhoods. Ordinance 03-03 was adopted at the conclusion of this public hearing.
Copies of this ordinance can be obtained as follows:
![[HRule Image]](images/div.gif){kind=small}
