This code shall be officially entitled the "Land Development Code (LDC) of the Village of Estero, Florida," and may be referred to as the "Estero Land Development Code," the "Land Development Code," "the LDC," or "this LDC."

The general purpose of this LDC is to promote the public health, safety, and general welfare, and to implement the goals, objectives, and policies of the Village's comprehensive plan and other adopted plans. More specifically, this LDC is intended to do the following, consistent with the goals, objectives, and policies of the comprehensive plan and other adopted plans:

1-301.

Establish comprehensive, consistent, effective, efficient, and equitable standards and procedures for the review and approval of development that implements the comprehensive plan and other adopted plans.

1-302.

Respect the rights of landowners while considering the interests and goals of the Village's citizens.

1-303.

Ensure that land uses and development are configured and located in a rational and efficient manner.

1-304.

Support development that is attractive, pedestrian-friendly, well-connected, and encourages multiple modes of mobility.

1-305.

Support and encourage vibrant, pedestrian-friendly, and higher density mixed-use development with placemaking elements in the Village Center and other appropriate areas in the Village.

1-306.

Support and encourage high quality redevelopment along the US 41 corridor that is consistent with its context.

1-307.

Maintain a high quality of architectural design, development form, and quality of life.

1-308.

Provide a diversity of housing opportunities.

1-309.

Protect the character of existing and new residential neighborhoods from incompatible development.

1-310.

Support economic development and new employment opportunities in ways that are consistent with the Village's desire to maintain a high quality of development and pedestrian-friendliness.

1-311.

Support a rational and effective stormwater management program and regulations.

1-312.

Ensure standards are established that protect the Village's natural resources, including natural lands, habitats, wetlands, floodplains, and other waterways in the Village.

1-313.

Support and encourage green building practices.

1-314.

Protect unique historical and cultural structures in the Village.

1-315.

Provide specific procedures to ensure that development is conditioned on the availability of certain public facilities and services to adequately accommodate that development (concurrency).

1-316.

Ensure new development pays its proportionate share for the road, park, and public safety capital facilities needed by the Village and facility providers to adequately accommodate it.

1-501.

This LDC is intended to ensure that all development within the Village is consistent with the goals, objectives, and policies, and Future Land Use Map (FLUM) of the comprehensive plan. Where there are clear conflicts between the comprehensive plan and this LDC, the comprehensive plan shall control.

1-502.

All development permits as defined in state law, including but not limited to Developments of Regional Impact (DRIs), amendments to the zoning district map (rezonings), planned developments, special exceptions, development orders, limited development orders, plat approvals, zoning variances, flood hazard variances, administrative deviations, any other deviations, a certificate of concurrency compliance, right-of-way permits, driveway/right-of-way permits, sign permits, temporary use permits, and tree removal permits, shall be consistent with the comprehensive plan.

It is also the legislative intent of the Village Council that if any section, subsection, sentence, clause, or phrase of this LDC is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity and continued enforcement of any other provision of this LDC. The Village Council hereby declares that it would have adopted this LDC and any section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases of the LDC is declared invalid by a court of competent jurisdiction.

This LDC shall become effective on January 27, 2021, and repeals and replaces in its entirety the transitional Land Development Code as originally adopted upon Village incorporation and subsequently amended.

The Estero Village Council is authorized to adopt this LDC in accordance with Article VIII, Section 2(b) of the Florida Constitution, the charter of the Village of Estero, Chapter 166 of the Florida Statutes (the Municipal Home Rules Powers Act), F.S. § 163.3202, and all other relevant laws of the State of Florida.

Whenever any provision of this LDC refers to or cites a section of the Florida Statutes (F.S.) or Florida Administrative Code (FAC), or any federal law, and that section is later amended or superseded, this LDC shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section.

A.

The provisions of this LDC shall apply to the development of all land within the corporate limits of the Village of Estero, unless expressly exempted by another specific section, subsection, or paragraph of this LDC.

B.

Except as provided in subsection C below, all development, including the subdivision of land, is required to obtain a development order in accordance with this LDC prior to commencing any land development activities or receiving any development permit, including a building permit.

C.

The following development is permitted without obtaining a development order, provided the development otherwise complies with the standards of this LDC:

1.

Construction of a single-family dwelling or a two-family attached dwelling on an individual lot, including any customary accessory structures;

2.

Development of agricultural uses, except a development order is required for excavations in accordance with section 7-206.G, Excavations;

3.

Signs which are regulated by Chapter 6: Signage; and

4.

The replacement of existing utility lines.

A.

The provisions of this LDC apply to development by the Village or its departments, and to land owned by the Village.

B.

To the extent allowed by law, the provisions of this LDC also apply to development by any county, the State of Florida or its agencies, and the federal government or its agencies or departments.

A.

No land in the Village shall be developed without compliance with the requirements of this LDC, and all other applicable Village, Lee County, state, and federal laws and regulations.

B.

Except as otherwise provided for in this LDC, permits for development, including building permits, will only be issued after the issuance of, and in compliance with, a development order. No rezoning, development order, limited development order, or permit may be issued relating to any land that is the subject of code enforcement action (see section 1-801, Violations Continue) or that otherwise violates this LDC regardless of whether the applicant or the landowner owned the property at the time the violation occurred. However, this subsection will not prevent issuance of a permit for the specific purpose of resolving or abating the violation.

C.

Improvements constructed in accordance with an approved development order or limited development order may not be placed into service or otherwise used until the required certificate of compliance is issued for the development order/limited development order.

D.

All development shall remain in compliance with the terms and conditions of all development approvals and permits even after issuance of a certificate of completion.

Consistent with state law, the Village Council may, by resolution and without any otherwise required prior notice or public hearing, authorize Village agencies or departments to deviate from the provisions of this LDC during an emergency when the need to act quickly to secure the public health, safety, or welfare makes it impossible to submit to the normal procedures and requirements of this LDC.

The standards and requirements of this LDC shall be construed to be the minimum requirements necessary for meeting the general and specific requirements of this LDC. Development shall also comply with local, state, and federal air, water, and noise pollution standards.

All required improvements such as streets, drainage structures, drainage systems, bridges, bulkheads, and water and sewage facilities shall be designed by licensed engineers registered in this state. All plans, drawings, reports, and calculations shall be prepared, signed, and sealed by the appropriate licensed professional, such as engineers, architects, landscape architects, land surveyors, and attorneys, registered in the state. Other specialized consultants, such as environmental consultants or archaeologists may be required to assist in the preparation of the plans, drawings, reports, and other documents required to be prepared by this LDC.

Seventy-two (72) hours before commencing construction, the Director shall be notified by the constructing entity. Notice shall include the location of construction by address and project name, and shall include the general contractor's contact information.

A.

During development and construction activities, the developer shall take every reasonable precaution to avoid:

1.

Dust and debris from blowing onto adjacent properties. If the Director determines conditions are such that dust or debris is adversely affecting adjacent properties, a stop work order may be issued until the conditions are mitigated. The proposed method of mitigation may include (but is not limited to) temporary silt fencing, sprinkling the area with water, seeding or sodding, or other similar measures approved by the Director.

2.

If the Director determines construction activities could be, or are, generating noise, nuisance, or other adverse impacts that may unreasonably affect adjacent properties, the Director may establish reasonable working hours or other conditions for construction activities as a condition of the development order/limited development order. If the stipulated working hours or conditions are violated, a stop work order may be issued until the conditions are mitigated.

B.

Prior to approval of a development order or limited development order, an applicant shall prepare and have a Construction Activity Management Plan approved by the Director, which shall ensure construction on the site will not have an adverse impact on surrounding properties or the site itself, The Construction Activity Management Plan shall comply with all Maintenance of Traffic procedures adopted by the Village, unless the Director determines the procedures are not needed.

A.

If a provision of this LDC is inconsistent with another provision of this LDC, or with a provision found in other codes or ordinances of the Village, the more restrictive provision shall control unless the terms of the more restrictive provision specify otherwise. The more restrictive provision is the one that imposes greater restrictions or burdens, or more stringent controls.

B.

The definitions contained in this LDC will be controlling for all provisions of this LDC, and definitions contained in other Village ordinances and regulations of the County shall not apply. In the absence of a definition, the definitions of terms in other ordinances and regulations shall be persuasive only if specifically referenced in this LDC.

If a provision of this LDC is inconsistent with a provision found in the laws or regulations of the state or federal government, the more restrictive provision shall control, to the extent permitted by law.

Nothing in this LDC is intended to supersede, annul, or interfere with any deed restriction, covenant, easement, or other agreement between private parties, but such deed restrictions, covenants, easements, and other private agreements shall not excuse any failure to comply with this LDC. The Village is not responsible for monitoring or enforcing any such private agreements.

Nothing in this LDC is intended to repeal, supersede, annul, impair, or interfere with any vested rights under applicable law, provided such rights are lawfully established and remain in effect.

The Official Zoning Map is established by this LDC. It designates the location and boundaries of the various conventional zoning districts, planned development districts, and overlay zoning districts under the LDC.

The Official Zoning Map, including its entire notation, is incorporated into this LDC by reference and is on file in the office of the Director and available to the public during normal business hours. The Village may maintain the Official Zoning Map as an electronic map layer in the Village's Geographic Information System (GIS) database. The official copy of the electronic version of an Official Zoning Map shall be recorded onto permanent media to ensure all the electronic information is protected.

A.

Changes made in zoning district boundaries on the Official District Map shall be considered an amendment to this LDC and shall be made in accordance with section 2-501.C, Rezoning (Zoning Map Amendment), or section 2-501.D, Planned Development, as appropriate.

B.

The Director shall enter changes on the Official Zoning Map within a reasonable period of time after the amendment is approved by Village Council. Where the ordinance enacting a zoning district boundary change contains wording explaining or clarifying the location of the new boundary, the Director may enter notations reflecting the ordinance wording on the Official Zoning Map.

A.

The Director is authorized to determine in accordance with section 2-507, Administrative Interpretation:

1.

The location of zoning district boundaries as shown on the Official Zoning Map. When determining the location of zoning district boundaries, the Director shall use the general rules established in section 10-201, Interpretation of District Boundaries.

2.

Whether a particular principal use or accessory use or structure not expressly listed in the Principal Use Tables as allowable in a particular zoning district is permitted or allowed as a principal use or special exception use. When making such an interpretation, the Director shall use the general rules in section 10-202.B, Standards for Interpreting Unlisted Principal Uses, or section 10-202.C, Effect of Allowing Unlisted Uses as Permitted Use or Special Exception Use, as appropriate.

B.

Appeals from the Director's determinations may be made to the Village Council (see section 2-506.D, Appeal of Administrative Official Decision).

Any violation of the transitional LDC shall continue to be a violation under this LDC, and subject to the penalties set forth in section 2, Code Enforcement, of Ord. 2015-14, unless the development complies with the express terms of this LDC.

If any use, structure, lot of record, or sign was legally established on the date of its development, but does not fully comply with the standards of this LDC including standards relevant to site configuration, then that use, structure, lot of record, or sign shall be considered nonconforming and subject to the provisions of Chapter 9: Nonconformities.

No development permit shall be approved when a subsequent amendment to this LDC adopted on January 27, 2021 is pending before the Planning Zoning and Design Board (PZDB) or Village Council, which amendment, if adopted, would render the proposed development nonconforming.

A.

Any development application submitted and accepted as complete before January 27, 2021, but that is still pending final action as of that date, shall be reviewed and decided in accordance with the regulations in effect when the application was accepted.

B.

Completed applications shall be processed in good faith and shall comply with any time frames for review, approval, and completion as established in the regulations in effect at the time of application acceptance. If the application fails to comply with the required time frames, it shall expire and be vacated, and future development shall be subject to the requirements of this LDC.

C.

An applicant with a pending application accepted before January 27, 2021 may opt to have the proposed development reviewed and decided under the standards of this LDC by withdrawing the pending application and submitting a new application in accordance with the standards of this LDC.

D.

To the extent a pending application approved under this subsection 1-804 proposes development that does not comply with this LDC, the development, although permitted, shall be nonconforming and subject to the provisions of Chapter 9: Nonconformities.

A.

All development approvals or permits approved before January 27, 2021, either by the Village or by Lee County (prior to the incorporation of the Village), remain valid until their expiration date, and may be carried out in accordance with the terms and conditions of their approval, as long as they remain valid and have not expired or been revoked or substantially modified. If the approval or permit expires or is revoked (e.g., for failure to comply with the terms and conditions of approval) or substantially modified, all subsequent development of the site shall comply with the procedures and standards of this LDC.

B.

Approval of a building permit prior to January 27, 2021 means all plans and approvals for the development subject to the building permit are valid.

C.

Any re-application for an expired development approval or permit shall comply with the standards in effect at the time of re-application.

Any conflict between the applicable minimum Building Code and the applicable Fire Safety Code will be resolved by agreement between the Building Official and the Fire Official in favor of the requirement of the code which offers the greatest degree of lifesafety or alternative which would provide an equivalent degree of lifesafety and an equivalent method of construction.

The statewide effectiveness of the Florida Building Code (FBC) is codified in F.S. ch. 553. The FBC is hereby adopted by reference and made a part of this chapter and supplemented with the addition of the following: Fees for renewal, reissuance, or extension of a building permit may also require the payment of new or increased impact fees that have become effective since the first issuance of the permit.

The Lee County Wind Borne Debris Region and Basic Wind Speed Map, as depicted in Appendix M of the Lee County LDC establishes the geographical boundaries of the wind speed zones and the wind borne debris region in Lee County. The wind speed lines and wind borne debris region coincide with Figures 1609A (Ultimate Design Wind Speeds—Risk Category II Buildings), 1609B (Ultimate Design Wind Speeds—Risk Category III & IV Buildings), and 1609C (Ultimate Design Wind Speeds—Risk Category I Buildings), of the FBC.

A.

Unlawful to Bury. It is unlawful to bury construction site trash or debris on the construction site or on any other public or private property not specifically approved for such use.

B.

Trash Containers and Collection Service. A suitable trash container and adequate collection service must be provided for each construction site. For purposes of this requirement, a "suitable container" means a structure, device, receptacle, or other container approved by the County, which holds and contains construction debris on the construction site in a central location long enough for it to be removed from the site by means of whatever collection service the contractor chooses to use or may be required to use pursuant to other applicable laws, before such debris is:

1.

Washed or blown off-site;

2.

Contaminates subsurface elements;

3.

Becomes volatile or malodorous;

4.

Makes an attractive nuisance; or

5.

Otherwise becomes a threat to the public health, safety and welfare.

A.

Maintenance Required.

1.

General Maintenance. Buildings, structures, pools, electrical, gas, mechanical and plumbing systems, both existing and new, and all parts thereof, must be maintained in a safe and sanitary condition. Devices and safeguards that are required by the technical codes when constructed, altered or repaired, must be maintained in good working order. The owner, or his designated agent, will be responsible for the maintenance of buildings, structures, pools, electrical, gas, mechanical and plumbing systems.

2.

Exterior Surfaces of Buildings, Including Roofs.

A.

Building walls and roofs must be maintained as follows:

1.

Building walls and roofs must be maintained in a secure and attractive manner.

2.

Deteriorated or damaged structural and decorative elements of any building wall or roof must be repaired or replaced in a workman-like manner to match as closely as possible the materials and construction of the building.

3.

Roofs must be maintained in a secure and waterproof condition.

B.

Doors, windows, and screens must be maintained as follows:

1.

Doors and windows must be secure in a tight fitting and weatherproof condition.

2.

Sashes/sills with rotten wood must be repaired or replaced.

3.

Torn or damaged screens must be promptly repaired.

C.

Awnings or canopies must be maintained in good condition. Torn or loose awnings must be promptly repaired or replaced.

D.

Screen rooms, pool cages, and screen enclosures must be maintained in a secure and attractive manner. Deteriorated or damaged structural and decorative elements of any screen rooms, pool cages, and screen enclosures must be repaired or replaced in a workmanlike manner to match as closely as possible the materials and construction of the building.

E.

Soffit and fascia must be maintained in good condition. All damaged or missing soffit or fascia must be repaired or replaced in a workmanlike manner to match as closely as possible the material and construction of the existing soffit and facia.

3.

Fences. Fences and non-roofed walls must be maintained in a secure and attractive manner. Deteriorated or damaged structural and decorative elements of any fence or non-roofed wall must be repaired or replaced in a workmanlike manner to match as closely as possible the materials and construction of the fence or non-roofed wall. Fences and non-roofed walls must be maintained as to appear vertical to the unassisted eye.

4.

Docks and Seawalls. Docks and seawalls must be maintained in a secure and attractive manner. Deteriorated or damaged structural and decorative elements of docks or seawalls must be repaired or replaced in a workmanlike manner to match as closely as possible the materials and construction of the dock or seawall. Docks and seawalls must be maintained as to appear vertical to the unassisted eye.

5.

Signs. Signs must be maintained in a secure and attractive manner. Deteriorated or damaged structural and decorative elements of a sign must be repaired or replaced in a workmanlike manner to match as closely as possible the materials and construction of the sign.

6.

Permits and Development Orders. The characterization of construction activity as either a repair or maintenance does not relieve the property owner from the responsibility of obtaining all permits or development orders necessary to comply with the foregoing provisions of this section.

B.

Nuisances.

1.

No person owning, leasing, operating, or having control of premises may maintain, keep, or permit any nuisance as described in this section.

2.

The existence of any of the following conditions or conduct is hereby declared to be a public nuisance:

A.

Buildings that are abandoned.

B.

Buildings that are boarded up, except when placed for temporary hurricane protection and removed within 30 days.

C.

Buildings that are partially destroyed and not rebuilt or repaired within a reasonable temporary period.

D.

Partially constructed buildings or structures for which building permits have expired.

E.

Attractive nuisances dangerous to children such as untended or unfenced excavations, untended or unenclosed swimming pools, or abandoned or broken equipment or machinery.

F.

Blocking of drainage swales or pipes so as to cause flooding or adversely affect surrounding property.

G.

Outdoor storage on private property of boats and motor vehicles and trailers that are not affixed with a current registration decal.

The following improvements or repairs do not require a permit:

A.

Improvements or repairs to 100 square feet or less of drywall where no fire separation is involved, within any 12-month period.

B.

Improvements or repairs to a garden or yard trellis less than 200 square feet in area and less than 12 feet in height.