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Published in 2021 by Order of the Village Council

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CURRENT OFFICIALS
of the
VILLAGE OF ESTERO, FLORIDA
(2025)

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Joanne Ribble

Mayor

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George Zalucki

Vice Mayor

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Joanne Ribble, District 1

Jeff Hunt, District 2

Jon McLain, District 3

Lori Fayhee, District 4

Rafael Lopez, District 5

Jim Ward, District 6

George Zalucki, District 7

Village Council

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Steve Sarkozy

Village Manager

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Nancy E. Stroud

Village Land Use Attorney

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Carol Sacco

Village Clerk

OFFICIALS
of the
VILLAGE OF ESTERO, FLORIDA
AT THE TIME OF THIS PUBLICATION

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Bill Ribble

Mayor

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Katy Errington

Vice Mayor

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Howard Levitan, District 2

Jon McLain, District 3

Jim Boesch, District 5

Nick Batos, District 6

Jim Wilson, District 7

Village Council

____________

Steve Sarkozy

Village Manager

____________

Nancy E. Stroud

Village Land Use Attorney

____________

Carol Sacco

Village Clerk

PREFACE

This Code constitutes a publication of the Land Development Code of the Village of Estero, Florida.

Source materials used in the preparation of the Code were the 2021 Code, as supplemented through 2021, and ordinances subsequently adopted by the Village Council. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of the 2021 Code, as supplemented, and any subsequent ordinance included herein.

The chapters of the Code have been conveniently arranged in the order of the original source material, and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code.

Chapter and Section Numbering System

The chapter and section numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two parts separated by a dash. The figure before the dash refers to the chapter number, and the figure after the dash refers to the position of the section within the chapter. Thus, the second section of chapter 1 is numbered 1-2, and the first section of chapter 6 is 6-1. Under this system, each section is identified with its chapter, and at the same time new sections can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 6-1 and 6-2 is desired to be added, such new section would be numbered 6-1.5. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject. The next successive number shall be assigned to the new article or division. New chapters may be included by using one of the reserved chapter numbers. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters.

Page Numbering System

The page numbering system used in this Code is a prefix system. The letters to the left of the hyphen are an abbreviation which represents a certain portion of the volume. The number to the right of the hyphen represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the hyphen indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the hyphen indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes:

(Index or Indexes)

The (index or indexes) (has or have) been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the (index itself or indexes themselves) which stand as guideposts to direct the user to the particular item in which the user is interested.

Looseleaf Supplements

A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up to date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.

Keeping this publication up to date at all times will depend largely upon the holder of the publication. As revised pages are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.

Acknowledgments

This publication was under the direct supervision of Tassy Spinks, Vice President, Supplement Department, and Erin Edwards, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.

The publisher is most grateful to Mary Gibbs for her cooperation and assistance during the progress of the work on this publication. It is hoped that her efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the Village readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the Village's affairs.

Copyright

All editorial enhancements of this Code are copyrighted by Municipal Code Corporation and the Village of Estero, Florida. Editorial enhancements include, but are not limited to: organization; table of contents; section catchlines; prechapter section analyses; editor's notes; cross references; state law references; numbering system; code comparative table; state law reference table; and index. Such material may not be used or reproduced for commercial purposes without the express written consent of Municipal Code Corporation and the Village of Estero, Florida.

© Copyrighted material.
Municipal Code Corporation and the Village of Estero, Florida. 2021.

VILLAGE OF ESTERO, FLORIDA

ORDINANCE NO. 2020-10

AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF ESTERO, FLORIDA, ADOPTING THE VILLAGE LAND DEVELOPMENT CODE AND OFFICIAL ZONING MAP; REPEALING THE TRANSITIONAL LAND DEVELOPMENT CODE; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.

WHEREAS, Section 6(3) of the Charter of the Village of Estero provides that the Village shall adopt a Comprehensive Plan and zoning and development regulations to implement its Comprehensive Plan, and;

WHEREAS, the Village adopted its Comprehensive Plan, which was found by the Florida state land planning agency to be in compliance with the Florida Community Planning Act, which plan was effective November 21, 2019, and;

WHEREAS, Section 12(5) of the Charter of the Village of Estero provides that until the Village adopts its zoning and development regulations, the Lee County land use regulations, as they exist on the date that the village commences corporate existence, shall remain in effect as the village's transitional land use development regulations, and;

WHEREAS, Section 163.3202, Florida Statutes, provides that each municipality in the state shall adopt and enforce land development regulations in a single land development code that are consistent with and implement its adopted comprehensive plan and further, the statute encourages the use of innovative land development regulations, and;

WHEREAS, the Village has engaged in the conduct of numerous public workshops before the Village Council, the Village Planning and Zoning Board, and the Village Design Review Board, to review proposed land development regulations known as the Village Land Development Code, and;

WHEREAS, the Village Planning and Zoning Board, as the Village local planning agency, on December 15, 2020, conducted a duly noticed public hearing on the Village Land Development Code and determined that it is consistent with the Village Comprehensive Plan and recommended its approval; and

WHEREAS, the Village Council conducted a duly noticed public hearing and first reading of the ordinance to adopt the Village Land Development Code on December 9, 2020; and

WHEREAS, the Village Council conducted a duly noticed public hearing and second reading of the ordinance on January 27, 2021 to adopt the Village Land Development Code, and;

WHEREAS, the Village has determined it is in the interest of the health, safety and welfare of its citizens to adopt this Ordinance.

NOW, THEREFORE, be it ordained by the Village Council of the Village of Estero, Florida:

Section 1. Adoption of the Land Development Code.

The Village of Estero Land Development Code, attached hereto as Exhibit A and incorporated herein, is hereby adopted. It is the intention of the Village Council that the Land Development Code shall become and be made a part of the Village Code of Ordinances, and the Acting Village Clerk is directed to take the necessary steps to effect codification in to the Code. Typographical errors which do not affect intent may be authorized by the Mayor, without need of public hearing, by filing a corrected copy of same with the Village Clerk.

Section 2. Adoption of the Official Zoning Map.

The Official Zoning Map, referenced in Section 1 -7 of the Land Development Code and incorporated therein, is hereby adopted. A certified copy of the Official Zoning Map is attached as Exhibit B hereto, and the original Official Zoning Map is on file in the office of the Director of Community Development.

Section 3. Transitional Land Development Code Repealed.

The Village transitional land use development regulations, known as the Transitional Land Development Code, and all amendments thereto, is hereby repealed and replaced by the Village Land Development Code.

Section 4. Severability.

If any provision of this ordinance or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable.

Section 5. Repeal.

All ordinances, resolutions, official determinations or parts thereof previously adopted or entered by the Village or any of its officials and in conflict with this ordinance are hereby repealed to the extent inconsistent herewith.

Section 6. Effective Date.

This ordinance shall take effect immediately upon adoption.

PASSED on first reading this 9th day of December, 2020.

PASSED AND ADOPTED BY THE VILLAGE COUNCIL of the Village of Estero, Florida this 27th day of January, 2021.

Attest:

By:

By:

Reviewed for legal sufficiency: