Fort Myers Beach
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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.

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2008-2009 Comprehensive Plan Amendments

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.

Final adoption hearings were held on June 15, July 20, and August 17, 2009. Click here for a copy of Ordinance 09-03 which adopted all thirteen amendments, and click here for replacement pages to update a printed copy of the entire plan. Click here for a copy of the full package of materials sent to the Department of Community Affairs, including Ordinance 09-03 and all adopted amendments. Or click on each item below to review the full background material on just that item:

OTHER PLAN AMENDMENT DOCUMENTS: Earlier transmittal letter to reviewing agencies; interim response from Department of Community Affairs; formal report from Department of Community Affairs; memorandum responding to DCA report


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Evaluation of Comprehensive Plan

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:

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:

NEW
BEACH
PARK

(Idea "A")

CLICK FOR:
larger image
printable page

 

RELOCATED
ESTERO
BOULEVARD

(Idea "B-1")

RELOCATED
ESTERO
BOULEVARD
WITH
ROUNDABOUT

(Idea "B-2")

NEW STREET
PARALLEL
TO ESTERO
BOULEVARD

(Idea "C-1")

PLAN VIEW
(OVERHEAD)
WITH
ROUNDABOUT

(Idea "C-2")

STREET-LEVEL
PERSPECTIVE
STREET-LEVEL
PERSPECTIVE
STREET-LEVEL
PERSPECTIVE

Other topics for discussion at these workshops has included:

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.

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Revised Flood Insurance Maps

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.

These reports have been forwarded to FEMA by town officials and are awaiting a response from FEMA.

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Recent Land Development Code Amendments

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:

Ordinance 05-08 made numerous changes to chapter 34:

Earlier drafts of these ordinances and all related documents are available here. Codified versions are available immediately below.

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Adopted Land Development Code On-Line

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.

TOWN OF FORT MYERS BEACH
LAND DEVELOPMENT CODE

ENTIRE CODE

 

  • Entire Code (including table of contents and latest revisions to chapters 1, 2, 6, 10, 14, 22, 26, 27, 30, and 34)  (including amendments Ord. 05-07, 05-08, 05-21, 05-22, 05-24 06-09, 06-14, and 06-18
  • Official Zoning Map as adopted on May 17, 2004
  • For those with a printed copy of the entire code through Ord. 05-08, replacement pages reflecting Ord. 05-21 are now available.
  • 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 1
CHAPTER 2
  • 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 6
CHAPTER 10
  • 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 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 30
CHAPTER 34

 

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    New Zoning Maps

    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:

    Resolution 04-16 -- Adopting an Official Zoning Map for the Town of Fort Myers Beach

    Resolution 04-17 -- Adopting a Historic Zoning Map for the Town of Fort Myers Beach

    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.

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    Map Archive

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    Land Development Code Archive

    2005 AMENDMENTS TO THE LAND DEVELOPMENT CODE:

    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.

    On January 5, 2004, the Town Council adopted a completely revised development standards chapter (Chapter 10) into the Land Development Code. This is the last chapter of the code to be adopted. Ordinance 04-01 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. Here is the background material on Chapter 10:

    • A short cover memo to the Town Council on Chapter 10.
    • 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.
    • Previous chapter 10 as it existing prior to adoption of Ord. 04-01.

    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.

    On November 3, 2003, the Town Council adopted amendments to Chapter 34 regarding temporary welcome stations. Ordinance 03-11 contains these changes, in underline-strikethrough format for an easy comparison with the previous chapter. Replacement pages for Chapter 34 are available here. Codified versions of this and all other chapters of the Land Development Code are now available.

    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 available here.

    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:

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    Development Agreement for Seafarer's Plaza

    The Fort Myers Beach Town Council has approved a development agreement for a proposed development known as Seafarer's Plaza located in the block between Estero Boulevard, Crescent Street, and Fifth Avenue. This agreement was approved at the final public hearing on April 15, 2002. Click here to download a copy of this agreement.

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    Other Planning Studies

    Two small-area planning studies can be downloaded here. The first is the Old San Carlos Boulevard-Crescent Street Master Plan; the other is the Santos/Palermo Circle Planning Study. Both are available here in Adobe PDF format. Printed copies are available from the Town of Fort Myers Beach.

    A copy of "Strategies for Improving Access to and Traffic Circulation within the Town of Fort Myers Beach," by CRSPE Inc. and Mohsen Salehi, is available here. This report is dated January 2002 and can be downloaded by clicking here.

    For a discussion of returning Second and Third Streets to two-way traffic between Old San Carlos and Crescent, click here.

     

    HURRICANE CHARLEY: Available here, a map that shows the precise track and wind speeds of Hurricane Charley as it crossed the Florida peninsula on August 13, 2004. This map also shows the approximate extent of tropical storm and hurricane force winds outward from the eye of Hurricane Charley. This map is based on hurricane locational and wind speed data from the National Hurricane Center and was prepared by Amy Hoyt of the Lee County Commission staff.  ALSO: similar maps, with Hurricane Frances added, and with both Frances and Jeanne added.

     

     

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     Last modified: January 17, 2010