A.

Intent statements. Residential districts are intended for residential occupancy of a dwelling unit by a household on a month-to-month or longer basis in structures with self-contained dwelling units, including kitchen.

1.

Residential single-family districts.

a.

Estate (RS-E). This district is intended to accommodate low density single-family dwellings and other selected uses that are compatible with the open residential character of the area. Single-family detached structures are appropriate in this district. The maximum density permitted is 1.5 dwelling units per acre and minimum lot size is 32,000 square feet. See Tables 118.2.1.A. and G. for additional dimensional requirements.

Permitted Uses

1)

Park, Recreation field, Beaches.

2)

Residential, Single-family detached, including accessory non-commercial guesthouses (See 118.3.11).

3)

Water management structures, wells, reservoirs.

Conditional Uses

4)

Community or neighborhood arts center (public).

5)

Golf course, Tennis, Clubhouse.

6)

Museum, Library.

7)

Police, Fire, EMS substation.

8)

Religious Institutions (See 118.3.3.B.2).

9)

School public/private (K—12).

b.

Single-family (RS-5). This district is intended to accommodate single-family residential development and protect existing neighborhoods from incompatible uses. The maximum density permitted is five dwelling units per acre and minimum lot size for residential uses is 8,000 square feet and 10,000 square feet for all other uses. See Tables 118.2.1.A, B and G for additional dimensional requirements.

Permitted uses

1)

Park, recreation field, beaches.

2)

Residential, single-family detached, including accessory non-commercial guesthouses (See 118.3.11).

3)

Residential, zero lot line.

4)

Water management structures, wells, reservoirs.

Conditional uses

5)

Convenience store without gas pumps.

6)

Golf course, tennis, clubhouse.

7)

Museum, library, community center (public).

8)

Police, fire, EMS substation.

9)

Religious institutions (See 118.3.3.B.2).

10)

School public/private (K—12).

c.

Single-family RS-6. This district is intended to accommodate single-family residential development and protect existing neighborhoods from incompatible uses. The maximum density permitted is six dwelling units per acre. See Table 118.2.1.A, B, C and G for additional dimensional requirements.

Permitted uses

1)

Park, recreation field, beaches.

2)

Residential, single-family attached.

3)

Residential, single-family detached, including accessory non-commercial guesthouses (See 118.3.11).

4)

Residential, zero lot line.

5)

Water management structures, wells, reservoirs.

Conditional uses

6)

Convenience store without gas pumps.

7)

Golf course, tennis, clubhouse.

8)

Museum, library, community center (public).

9)

Police, fire, EMS substation.

10)

Religious institutions (See 118.3.3.B.2).

11)

School, public or private (K—12).

d.

Single-family RS-7. This district is intended to accommodate single-family residential development and protect existing neighborhoods from incompatible uses. The maximum density permitted is seven dwelling units per acre. See Tables 118.2.1.A, B, C and G for additional dimensional requirements.

Permitted uses

1)

Park, recreation field, beaches.

2)

Residential, single-family attached.

3)

Residential, single-family detached, including accessory non-commercial guesthouses (See 118.3.11).

4)

Residential, zero lot line.

5)

Water management structures, wells, reservoirs.

Conditional uses

6)

Convenience store without gas pumps.

7)

Day care center (adult or child), preschool.

8)

Golf course, tennis, clubhouse.

9)

Museum, library, community center (public).

10)

Police, fire, EMS substation.

11)

Religious institutions (See 118.3.3.B.2).

12)

School, public or private (K—12).

e.

Duplex districts (RS-D). This district is intended to accommodate single-family and two-family residential development and protect existing neighborhoods from incompatible uses. The maximum density permitted is seven dwelling units per acre. See Tables 118.2.1.A, B, C, D, E and G for additional dimensional requirements.

Permitted uses

1)

Park, recreation field, beaches.

2)

Residential, single-family attached.

3)

Residential, single-family detached, including accessory non-commercial guesthouses (See 118.3.11).

4)

Residential, townhouse (See 118.3.3.A.1).

5)

Residential, two-family (duplex) (See 118.3.3.A.2).

6)

Residential, zero lot line.

7)

Water management structures, wells, reservoirs.

Conditional uses

8)

Convenience store without gas pumps.

9)

Day care center (adult or child), preschool.

10)

Golf course, tennis, clubhouse.

11)

Museum, library, community center (public).

12)

Police, fire, EMS substation.

13)

Religious institutions (See 118.3.3.B.2).

14)

School, public or private (K—12).

2.

Residential multifamily districts.

a.

Residential multifamily (RM-12). This district is intended to accommodate low density multifamily residential development. The maximum density permitted is 12 dwelling units per acre. See Tables 118.2.1.A—G for additional dimensional requirements.

Permitted uses

1)

Assisted living facility, nursing home, life care facilities.

2)

Bed and breakfast.

3)

Day care center (adult or child), preschool.

4)

Park, recreation field, beaches.

5)

Police, fire, EMS substation.

6)

Residential, multifamily (See 118.3.3.A.3).

7)

Residential, single-family attached.

8)

Residential, single-family detached, including accessory non-commercial guesthouses (See 118.3.11).

9)

Residential, townhouse (See 118.3.3.A.1).

10)

Residential, two-family (duplex) (See 118.3.3.A.2).

11)

Residential, zero lot line.

12)

Student dormitory, fraternity, sorority.

13)

Water management structures, wells, reservoirs.

Conditional uses

14)

Art studio, gallery (See 118.3.3.C.2).

15)

Boarding facility, youth hostel.

16)

Commercial wireless telecommunication facility (See 118.3.10).

17)

Convenience store without gas pumps.

18)

Golf course, tennis, clubhouse.

19)

Museum, library, community center (public).

20)

Religious institutions (See 118.3.3.B.2).

21)

School, public or private (K—12).

b.

Residential multifamily (RM-16). This district is intended to accommodate medium density multifamily residential development. The maximum density permitted is 16 dwelling units per acre. See Tables 118.2.1.A—G for additional dimensional requirements.

Permitted uses

1)

Assisted living facility; nursing home; life care facilities.

2)

Bed and breakfast.

3)

Day care center (adult or child), Preschool.

4)

Park; recreation field, beaches.

5)

Police, fire, EMS substation.

6)

Residential, multifamily (See 118.3.3.A.3).

7)

Residential, single-family attached.

8)

Residential, single-family detached, including accessory non-commercial guesthouses (See 118.3.11).

9)

Residential, townhouse (See 118.3.3.A.1).

10)

Residential, two-family (duplex) (See 118.3.3.A.2).

11)

Residential, zero lot line.

12)

Student dormitory, fraternity, sorority.

13)

Water management structures, wells, reservoirs.

Conditional uses

14)

Art studio, gallery (See 118.3.3.C.2).

15)

Boarding facility, youth hostel.

16)

Commercial wireless telecommunication facility (See 118.3.10).

17)

Convenience store without gas pumps.

18)

Golf course, tennis, country club, clubhouse.

19)

Hotel, motel, inn, extended stay facility.

20)

Manufactured home (See 118.3.3.A.4).

21)

Museum, library, community center (public).

22)

Religious institutions (See 118.3.3.B.2).

23)

School, public or private (K—12).

c.

Residential multifamily (RM-25). This district is intended to accommodate high density multifamily residential development within the Traditional Community (T/C) and Corridor Commercial (C/C) Future Land Use designations. The maximum density permitted is 25 dwelling units per acre. See Table 118.2.1.E. and F., RM-16 standards for townhome and multifamily residential dimensional requirements.

Permitted uses

1)

Assisted living facility; nursing home; life care facilities.

2)

Bed and breakfast.

3)

Day care center (adult or child), Preschool.

4)

Park; recreation field, beaches.

5)

Police, fire, EMS substation.

6)

Residential, multifamily (See 118.3.3.A.3).

7)

Residential, townhouse (See 118.3.3.A.1).

8)

Student dormitory, fraternity, sorority.

9)

Water management structures, wells, reservoirs.

Conditional uses

10)

Art studio, gallery (See 118.3.3.C.3).

11)

Boarding facility, youth hostel.

12)

Commercial wireless telecommunication facility (See 118.3.10).

13)

Convenience store without gas pumps.

14)

Golf course, tennis, country club, clubhouse.

15)

Hotel, motel, inn, extended stay facility.

16)

Manufactured home (See 118.3.3.A.4).

17)

Museum, library, community center (public).

18)

Religious institutions (See 118.3.3.B.1).

19)

School, public or private (K—12).

B.

Housing types.

1.

Housing types. In order to allow for a variety of housing options in the city and to establish a common housing terminology, the following housing types are established.

Single-Family Detached. A building containing one dwelling unit located on a single lot with private yards on all four sides.

Zero Lot Line. A building containing one dwelling unit located on a single lot with private yards on three sides, and the building located on or very near the remaining lot line.

Single-Family Attached. A building with two attached dwelling units located on two lots that share a common wall along a lot line.

Two-Family. A building with two attached dwelling units located on a single lot or parcel (often called a duplex). The units may be located on separate floors or side-by-side.

Townhouse. A building with at least three attached dwelling units consolidated into a single structure. Each unit is separated by a common side wall. A townhouse is more than one story in height, however units are not vertically mixed. Each unit has its own external entrance.

Multifamily. A building or buildings consisting of three or more dwelling units located on a single lot or site. Dwelling units within a multifamily building may be situated either wholly or partially over or under other dwelling units. The building often shares a common entrance.

2.

Building envelope standards. The building envelope standards for buildings in the residential districts are as follows. The cross-reference shown in the right hand column of the table lists additional standards that must be followed.

Residential zoning district dimensional requirements. The cross-reference shown in the right-hand column of the tables lists additional standards that must be followed. All footnotes are located at the end of the tables.

Table 118.2.1.A. Single Family Detached Dwelling Dimensional Requirements

Table 118.2.1.B. Zero Lot Line Residential Dimensional Requirements (3 or more attached units)

Table 118.2.1.C. Single-Family Attached Dwelling Dimensional Standards

Table 118.2.1.D. Two-Family Residential Dimensional Standards (Duplex)

Table 118.2.1.E. Townhouse Dimensional Standards

Table 118.2.1.F. Multifamily Residential Dimensional Standards

¹ Single-family detached homes built between 2004 and December 6, 2021, constructed with a seven-foot side yard setback, shall be considered conforming for the purposes of this code. If the structure is replaced, any new structure shall comply with the code in existence at that time. New single-family homes in the RS-7, RS-D, RM-12, and RM-16 districts built on lots less than 60 feet in width may have a side (interior) yard setback of seven (7) feet.

² 70 feet or five stories subject to the underlying setbacks, or no height limit, except that height of structures cannot exceed twice the least proposed yard setback. The option for height limit must be determined at the time of site work permits.

C.

Administrative Setback Reductions in Residential Districts.

1.

Garage setbacks. Attached residential garages have a typical minimum front setback of 25 feet where the doors face the right-of-way. Administrative reductions may be granted for street setbacks to garages in the following cases:

a.

Where a minimum distance of 23 feet is provided to the property line to the garage door for front loading garages.

b.

For single-family detached dwellings with secondary front setbacks on corner lots in all residential zoning districts other than Estate (RS-E), street setbacks may be administratively reduced to 15 feet. For the purposes of this subsection, the secondary front setback is defined as the frontage that does not provide driveway, or vehicular access, to the dwelling unit.

2.

Side-yard setbacks may be administratively reduced to five feet for single-family detached, single-family attached, and two-family housing types in RS-7, RS-D, RM-12 and RM-16. This administrative reduction shall apply only to new developments that will be maintained under the control of a homeowner's association and where all of the following conditions are met, as demonstrated on the site work permit plans submitted for the development:

a.

Gutters and roof structures must be installed so as to reduce direct discharge to the side yard swales.

b.

No service equipment is permitted in the side yard between dwellings. This includes, but is not limited to air conditioning systems, water softeners, pumps, pool equipment and generators.

c.

Fences, walkways and similar hardscape features must be designed to not obstruct/impede the flow of water within swales or other drainage conveyance.

d.

Maximum lot coverage may not exceed 55%.

e.

Prior to any construction on the lot, proper erosion and sedimentation controls must be installed.

f.

A maintenance entity shall be designated to provide perpetual maintenance to all drainage and access easements.

D.

Serena Park Lots. Lots platted in Serena Park (Plat Book 7, Page 27) in blocks Q, R, S and T, (See Exhibit Map B-6) shall be a legal nonconforming single-family lot which permits a detached unit in accordance with Action 1.5.1 of the Future Land Use Element of the City of Fort Myers Comprehensive Plan: Single-family residential uses or single-family platted lots existing as of October 26, 2010, shall be vested and considered a legal non-conforming use.

1.

The following special development regulations shall apply for residential usage in blocks C, E, F, G, I, J, K, M, N, O, P, Q, R, S, and T of the Serena Park Plat:

Lot dimensions:

Minimum width: 40 feet

Minimum depth: 100 feet

Minimum area: 5,000 square feet

Yard setbacks:

Front (with garage): 20 feet

Front (without garage): 15 feet

Side (interior): 5 feet

Side (street): 5 feet

Rear (principal): 10 feet

Rear (accessory): 5 feet

Waterfront: 25 feet

Bulk standards:

Maximum height (residential use): 35 feet

Maximum height (commercial use): CG standards

Maximum lot coverage: 65%

Table 118.2.1.G. All Other Permitted Uses Dimensional Standards

(Ord. No. 3422, § 4, 1-14-2008; Ord. No. 3473, § 2, 6-16-2008; Ord. No. 3568, § 1, 11-15-2010; Ord. No. 3594, § 1, 1-17-2012; Ord. No. 3841(Exh. A), § 1, 10-1-2018; Ord. No. 3883, § 1(Exh. A), 1-6-2020; Ord. No. 3890, § 1(Exh. A), 1-21-2020; Ord. No. 3918, § 2, 12-6-2021; Ord. No. 3975, § 1, 8-21-2023; Ord. No. 4000, § 1, 12-4-2023; Ord. No. 4053, § 1, 7-21-2025)

Commercial zoning districts include Neighborhood Commercial (NC), Commercial General (CG) and Commercial Intensive (CI).

A.

Intent statements.

1.

Neighborhood Commercial (NC) It is the express intent of the NC District to provide for professional office, multifamily and small-scale commercial uses, adjoining businesses and/or residential areas, and located in close proximity to major arterial roadways. The neighborhood commercial district is established in order to:

a.

Protect the present development pattern, serve the surrounding community with appropriately scaled commercial uses and office type uses and,

b.

Provide for the orderly development or redevelopment of such land according to its best usage by providing adequate minimum zoning standards for such usage. See Table 118.2.1.H for nonresidential use dimensional standards and refer to Tables 118.2.1.E and F, RM-16 standards for townhomes and multifamily residential dimensional requirements.

Permitted uses

1)

Animal grooming.

2)

Animal hospital, veterinary clinic (See 118.3.3.C.2).

3)

Assisted living facility; nursing home; life care facilities.

4)

Bank.

5)

Bed and breakfast.

6)

Butcher, baker, catering.

7)

Call center.

8)

Convenience store without gas pumps.

9)

Copy, print, pack and ship, publishing, post office, and other office-type services.

10)

Day care center (adult or child), preschool.

11)

Dry-cleaning or laundry drop-off/pick-up facility; laundromat.

12)

Hotel, motel, inn, extended stay facility.

13)

Live-work.

14)

Medical, dental, chiropractor, counseling, outpatient surgery centers and offices.

15)

Medical or dental laboratory.

16)

Museum, library, community center (public).

17)

Offices: business, professional, financial, governmental or operational.

18)

Park, recreation field, beaches.

19)

Parking, surface or garage, as accessory or primary use.

20)

Personal care services.

21)

Police, fire, EMS substation.

22)

Radio, TV or recording studio.

23)

Residential, multifamily (See 118.3.3.A.3).

24)

Residential, townhouse (See 118.3.3.A.1).

25)

Retail, excluding stand-alone pharmacy, or rental store, under 15,000 square feet.

26)

Self-storage; fully enclosed indoor multi-story storage (See 118.3.3.C.8).

27)

Student dormitory, fraternity, sorority.

28)

Water management structures, wells, reservoirs.

Conditional uses

29)

Art studio, gallery (See 118.3.3.C.3).

30)

Auction room, auction house.

31)

College, university, trade school, enrichment classes such as dance or martial arts.

32)

Commercial wireless telecommunication facility.

33)

Convenience store with gas pumps.

34)

Convention center, gymnastic facility, indoor sports academy.

35)

Funeral home or mortuary, undertaking establishment.

36)

Religious institutions (See 118.3.3.B.1).

37)

Repair service, non-automotive.

38)

School, public or private (K—12).

39)

Youth hostel.

2.

Commercial General (CG) It is the express intent of the CG District to provide areas for commercial activities that meet the retail shopping and service needs of the community. See Tables 118.2.1.H for nonresidential use dimensional standards and refer to Table 118.2.1.E and F, RM-16 standards for townhomes and multifamily residential dimensional requirements.

Permitted uses

1)

Animal boarding, animal shelter, kennel, doggy day care (See 118.3.3.C.2).

2)

Animal grooming.

3)

Animal hospital, veterinary clinic (See 118.3.3.C.2).

4)

Art studio, gallery (See 118.3.3.C.3).

5)

Assisted living facility; nursing home; life care facilities.

6)

Auction room, auction house.

7)

Bank.

8)

Bar, dancehall, nightclub, restaurant with entertainment, bottle club (See 118.3.3.C.1).

9)

Bed and breakfast.

10)

Butcher, baker, catering.

11)

Call center.

12)

Car wash, full or self-service.

13)

College; university, trade school, enrichment classes such as dance or martial arts.

14)

Convenience store with or without gas pumps, gas station (See 118.3.3.C.4).

15)

Copy, print, pack and ship, printing, publishing, post office, and other office type services.

16)

Day care center (adult or child), preschool.

17)

Dock or pier (commercial), wet or dry storage of boats, marina (See 118.3.3.C.6), boat rental, ferry.

18)

Drug and alcohol rehabilitation treatment or clinic, detoxification centers.

19)

Funeral home (crematorium and mortuary accessory only).

20)

Greenhouse or nursery, commercial, garden center.

21)

Health club.

22)

Hotel, motel, inn, extended stay facility.

23)

Indoor commercial recreation.

24)

Laundromat, dry-cleaning, and carpet cleaning plants and drop-off, diaper service, linen supply.

25)

Live-work.

26)

Lodge, membership club (See 118.3.3.C.1).

27)

Medical, dental, chiropractor, counseling, outpatient surgery centers and offices.

28)

Medical or dental laboratory.

29)

Museum, library, community center (public).

30)

Offices; business, professional, financial, governmental or operational.

31)

Park, recreation field, beaches.

32)

Parking, surface or garage, as accessory or primary use.

33)

Personal care services.

34)

Pharmacy (stand-alone).

35)

Police, fire, EMS substation.

36)

Radio, TV or recording studio.

37)

Religious institutions (See 118.3.3.B.2).

38)

Repair services, non-automotive.

39)

Residential, multifamily (See 118.3.3.A.3).

40)

Residential, townhouse (See 118.3.3.A.1).

41)

Research, testing, and development laboratory.

42)

Restaurant/food service establishment, with or without sale of alcoholic beverages (See 118.3.3.C.1).

43)

Retail, wholesale or rental store.

44)

School, public or private (K—12).

45)

Self-storage; fully enclosed indoor multi-story or mini storage (See 118.3.3.C.8).

46)

Student Dormitory, Fraternity, Sorority.

47)

Water management structures, wells, reservoirs.

Conditional uses

48)

Alternative or post-incarceration facility, transitional home, halfway house.

49)

Auditorium, arena, stadium, indoor athletic, tennis, swim club.

50)

Boarding; rooming or lodging facility; youth hostel.

51)

Bus and train passenger terminal, taxi dispatch, limo service.

52)

Campground, travel trailer park, recreational vehicle park (See 118.3.3.A.4).

53)

Light manufacturing, repair or assembly of equipment and instruments.

54)

Machine shop.

55)

Major utilities.

56)

Manufactured housing sales.

57)

Psychiatric institution.

58)

Recycling drop-off facility.

59)

Vehicle (all kinds) and machinery sales, rental or leasing (See 118.3.3.C.12).

60)

Vehicle service: minor and major repairs, modifications and maintenance (See 118.3.3.C.11).

3.

Commercial Intensive (CI). It is the express intent of CI District to provide areas for more intense commercial development and commerce while maintaining an attractive community. See Table 118.2.1.H for nonresidential use dimensional standards and refer to Tables 118.2.1.E and F, RM-16 standards for townhomes and multifamily residential dimensional requirements.

Permitted uses

1)

Animal boarding, animal shelter, kennel, dog day care (See 118.3.3.C.2).

2)

Animal grooming.

3)

Animal hospital, veterinary clinic (See 118.3.3.C.2).

4)

Art studio, gallery (See 118.3.3.C.3).

5)

Assisted living facility, nursing home, life care facilities.

6)

Auction room, auction house.

7)

Bank.

8)

Bar, dancehall, nightclub, restaurant with entertainment, bottle club (See 118.3.3.C.1).

9)

Bed and breakfast.

10)

Butcher, baker, catering.

11)

Call center.

12)

Car wash full or self-service.

13)

College, university, trade school, enrichment classes such as dance or martial arts.

14)

Commercial amphitheater.

15)

Convenience store with or without gas pumps, gas station (See 118.3.3.C.4).

16)

Copy, print, pack and ship, printing, publishing, post office, Other office type services.

17)

Day care center (adult or child), preschool.

18)

Dock or pier (commercial), wet or dry storage of boats, marina (See 118.3.3.C.6), boat rental, ferry.

19)

Drive-in theater.

20)

Drug and alcohol rehabilitation treatment or clinic, detoxification centers.

21)

Flea market (See 118.3.3.C.5).

22)

Funeral home (crematorium and mortuary accessory only).

23)

Golf course, tennis, country club, clubhouse.

24)

Greenhouse or nursery, commercial, garden center.

25)

Health club.

26)

Hotel, motel, inn, extended stay facility.

27)

Hospital, medical center.

28)

Indoor commercial recreation.

29)

Laundromat, dry-cleaning, carpet cleaning plants and drop-off, diaper service, linen supply.

30)

Light manufacturing, repair or assembly of equipment and instruments.

31)

Live-work.

32)

Lodge, membership club (See 118.3.3.C.1).

33)

Manufactured housing sales.

34)

Medical, dental, chiropractor, counseling, outpatient surgery centers and offices.

35)

Medical or dental laboratory.

36)

Microbrewery, microdistillery (See 118.3.3.C.1).

37)

Museum, library, community center (public).

38)

Offices: business, professional, financial, governmental, or operational.

39)

Outdoor recreation.

40)

Park, recreation field, beaches.

41)

Parking, surface or garage, as accessory or primary use.

42)

Personal care services.

43)

Pharmacy (stand-alone).

44)

Police, fire, EMS substation.

45)

Radio, TV or recording studio.

46)

Religious institutions (See 118.3.3.B.1).

47)

Repair services, non-automotive.

48)

Research, testing and development laboratory.

49)

Residential, multifamily (See 118.3.3.A.3).

50)

Residential, townhouse (See 118.3.3.A.1).

51)

Restaurant/food service establishment, with or without sale of alcoholic beverages (See 118.3.3.C.1).

52)

Retail, wholesale or rental store (including motor vehicle or large equipment (See 118.3.3.C.10).

53)

School, public or private (K—12).

54)

Self-storage, fully enclosed indoor multi-story or mini-storage (See 118.3.3.C.8).

55)

Student dormitory, fraternity, sorority.

56)

Tattoo shop, body piercing, palmist, psychic, medium.

57)

Vehicle service and repair (See 118.3.3.C.9).

58)

Vehicle sales, lease, or rental (See 118.3.3.C.10).

59)

Warehousing, distribution center, 50,000 sq. ft. or less.

60)

Water management structures, wells, reservoirs.

Conditional uses

61)

Alcohol and drug rehabilitation treatment or clinic, detoxification centers.

62)

Alternative or post-incarceration facility, transitional home, halfway house.

63)

Auditorium, arena, stadium, indoor athletic, tennis, swim club.

64)

Blood plasma donation center.

65)

Boarding, rooming or lodging facility, youth hostel.

66)

Bus and train passenger terminal, taxi dispatch, limo service.

67)

Campground, travel trailer park, recreational vehicle park (See 118.3.3.A.4).

68)

Machine shop.

69)

Major utilities.

70)

Pawnshop (See 118.3.3.C.7).

71)

Psychiatric institution.

72)

Recycling drop-off facility.

73)

Warehousing, distribution center, 50,001 sq. ft. or more.

4.

Commercial Intensive—Non-Residential (CI-NR). It is the express intent of CI-NR District to provide areas for more intense commercial development and commerce while maintaining an attractive community.

Permitted uses:

1)

Animal boarding, animal shelter, kennel, dog day care (See 118.3.3.C.2).

2)

Animal grooming.

3)

Animal hospital, veterinary clinic (See 118.3.3.C.2).

4)

Art studio, gallery (See 118.3.3.C.3).

5)

Assisted living facility, nursing home, life care facilities.

6)

Auction room, auction house.

7)

Bank.

8)

Bar, dancehall, nightclub, restaurant with entertainment, bottle club (See 118.3.3.C.1).

9)

Bed and breakfast.

10)

Butcher, baker, catering.

11)

Call center.

12)

Car wash full or self-service.

13)

College, university, trade school, enrichment classes such as dance or martial arts.

14)

Commercial amphitheater.

15)

Convenience store with or without gas pumps, gas station (See 118.3.3.C.4).

16)

Copy, print, pack and ship, printing, publishing, post office, Other office type services.

17)

Day care center (adult or child), preschool.

18)

Funeral home (crematorium and mortuary accessory only).

19)

Greenhouse or nursery, commercial, garden center.

20)

Health club.

21)

Hotel, motel, inn, extended stay facility.

22)

Hospital, medical center.

23)

Indoor and outdoor commercial recreation.

24)

Laundromat, dry-cleaning, carpet cleaning plants and drop-off, diaper service, linen supply.

25)

Light manufacturing, repair or assembly of equipment and instruments.

26)

Lodge, membership club (See 118.3.3.C.1).

27)

Medical, dental, chiropractor, counseling, outpatient surgery centers and offices.

28)

Medical or dental laboratory.

29)

Microbrewery, microdistillery (See 118.3.3.C.1).

30)

Museum, library, community center (public).

31)

Offices: business, professional, financial, governmental, or operational.

32)

Outdoor recreation.

33)

Park, recreation field, beaches.

34)

Parking, surface or garage, as accessory or primary use.

35)

Personal care services.

36)

Pharmacy (stand-alone).

37)

Police, fire, EMS substation.

38)

Radio, TV or recording studio.

39)

Religious institutions (See 118.3.3.B.1).

40)

Repair services, non-automotive.

41)

Research, testing and development laboratory.

42)

Restaurant/food service establishment, with or without sale of alcoholic beverages (See 118.3.3.C.1).

43)

Retail, wholesale or rental store (including motor vehicle or large equipment (See 118.3.3.C.10).

44)

School, public or private (K—12).

45)

Self-storage, fully enclosed indoor multi-story or mini-storage (See 118.3.3.C.8).

46)

Student dormitory, fraternity, sorority.

47)

Vehicle service and repair (See 118.3.3.C.9).

48)

Vehicle sales, lease, or rental (See 118.3.3.C.10).

49)

Warehousing, distribution center, 50,000 sq. ft. or less.

50)

Water management structures, wells, reservoirs.

Conditional uses:

51)

Alcohol and drug rehabilitation treatment or clinic, detoxification centers.

52)

Alternative or post-incarceration facility, transitional home, halfway house.

53)

Auditorium, arena, stadium, indoor athletic, tennis, swim club.

54)

Blood plasma donation center.

55)

Boarding, rooming or lodging facility, youth hostel.

56)

Machine shop.

57)

Major utilities.

58)

Warehousing, distribution center, 50,001 sq. ft. or more.

B.

Building envelope standards. The building envelope standards for buildings in the commercial districts are as follows. The cross-reference shown in the right hand column of the table lists additional standards that must be followed.

Table 118.2.1.H. Nonresidential Dimensional Standards

¹ 70 feet or five stories subject to the underlying setbacks, or no height limit, except that height of structures cannot exceed twice the least proposed yard setback. The option for height limit must be determined at the time of site work permits.

Table 118.2.1.I. Residential Density in Commercial Districts

¹ The maximum density is determined by the underlying Future Land Use designation

Note: See Tables 118.2.1.E and F, RM-16 standards for townhomes and multifamily residential dimensional requirements.

(Ord. No. 3422, § 4, 1-14-2008; Ord. No. 3473, § 3, 6-16-2008; Ord. No. 3841(Exh. A), § 1, 10-1-2018; Ord. No. 3890, § 1(Exh. A), 1-21-2020; Ord. No. 3918, § 3, 12-6-2021; Ord. No. 3975, § 2, 8-21-2023; Ord. No. 4000, § 2, 12-4-2023)

A.

Intent statements.

1.

Industrial Light (IL). By virtue of its location as designated in the comprehensive plan, and because of the existing and proposed development around the area, and because of the present and anticipated accessibility to transportation facilities and utilities and other public services, the IL District is established in order to:

a.

Protect light industrial uses.

b.

Promote and protect future development of the district in light industrial usage.

c.

Exclude incompatible uses, such as residences, heavy industry, and commercial enterprises not directly serving the light industrial uses, which would preempt land intended to be preserved for industrial uses to achieve a favorable balance of land uses within the city.

d.

Ensure the ultimate stabilization of the district in light industrial usage.

e.

Encourage further development within the district similar in character and appearance to a planned modern industrial district.

f.

Permitted uses

1)

Alcohol and drug rehabilitation treatment or clinic, detoxification centers.

2)

Alternative-or post-incarceration facility, transitional home, half-way house.

3)

Animal boarding, animal shelter, kennel, doggy day care (See 118.3.3.C.2).

4)

Animal hospital, veterinary clinic (See 118.3.3.C.2).

5)

Armory, brewery, winery, bottling plant, bulk mailing service, movie production facility.

6)

Art studio, gallery (See 118.3.3.C.3).

7)

Auction room, auction house.

8)

Bank.

9)

Blood plasma donation center.

10)

Bus and train passenger terminal, taxi dispatch, limo service.

11)

Call center.

12)

Car wash full or self-service.

13)

Carpentry, lumberyard and wood products.

14)

College/university, trade schools, enrichment classes such as dance or martial arts.

15)

Convenience store with or without gas pumps, gas stations (See 118.3.3.C.4).

16)

Commercial packing for fruits and vegetables.

17)

Contractor office with storage (indoor/outdoor) - perform services off-site, but store equipment and materials or perform fabrication or similar work on-site (See 118.3.3.D).

18)

Copy, print, pack and ship, publishing, post office, and other office type services.

19)

Detention center, jail, prison.

20)

Drive-in theater.

21)

Fabrication and manufacturing of fabrics and materials (See 118.3.3.D).

22)

Flea market (See 118.3.3.C.5).

23)

Funeral home or mortuary, crematorium.

24)

Greenhouse or nursery, commercial, garden center.

25)

Health club.

26)

Indoor commercial recreation.

27)

Labor pool.

28)

Laundromat, dry-cleaning and carpet cleaning plants and drop-off, diaper service, linen supply.

29)

Lodge, membership club (See 118.3.3.C.1).

30)

Machine shop, light manufacturing or assembly.

31)

Manufactured housing sales.

32)

Medical and dental laboratory.

33)

Offices governmental or operational.

34)

Outdoor recreation.

35)

Park, recreation field, beaches.

36)

Parking: surface or garage, as accessory or primary use.

37)

Pawnshop (See 118.3.3.C.7).

38)

Pharmacy (stand-alone).

39)

Police, fire, EMS substation.

40)

Psychiatric institution.

41)

Radio, telephone and television transmission towers and facilities (commercial).

42)

Radio, TV or recording studio.

43)

Research, testing, and development laboratory.

44)

Restaurant/food service establishment, with or without sale of alcoholic beverages (See 118.3.3.C.1).

45)

Retail, wholesale, or rental store.

46)

Self-storage: fully enclosed indoor multi-story or mini-storage (See 118.3.3.C.9).

47)

Social service facility, soup kitchen, transient lodging or shelter for the homeless.

48)

Stone, clay, concrete products.

49)

Tattoo shop, body piercing, palmist, psychic, medium.

50)

Truck, bus, rail or motor freight terminal, service facility, drop yard.

51)

Vehicle service and repair (See 118.3.3.C.9).

52)

Vehicle sales, lease, or rental (See 118.3.3.C.10).

53)

Warehouse, freight, cartage, distribution facility, parcel service (See 118.3.3.D).

54)

Water management structures, wells, reservoirs.

Conditional uses

55)

Airport, heliport.

56)

Auditorium, Arena, stadium, indoor athletic, tennis, swim club.

57)

Major utilities.

58)

Outdoor shooting range.

59)

Recycling drop-off facility.

60)

Religious assembly.

2.

Industrial Heavy (IH). The heavy industrial district is intended to allow general manufacturing, processing, construction, and utility uses, as well as all light industrial uses.

a.

Permitted uses.

1)

Adult entertainment establishment (see Ch. 10 Amusement and Entertainment for additional regulations).

2)

Alcohol and drug rehabilitation treatment or clinic, detoxification centers.

3)

Alternative-or post-incarceration facility, transitional home, half-way house.

4)

Animal boarding, animal shelter, kennel, doggy day care (See 118.3.3.C.2).

5)

Animal hospital, veterinary clinic (See 118.3.3.C.2).

6)

Armory.

7)

Art studio, gallery (See 118.3.3.C.3).

8)

Auction room, auction house.

9)

Bank.

10)

Bus and train passenger terminal, taxi dispatch, limo service.

11)

Car wash full or self-service.

12)

Carpentry, lumberyard and wood products.

13)

Commercial packing for fruits and vegetables.

14)

Concrete batching and asphalt processing and manufacture.

15)

Contractor storage (indoor/outdoor): perform services off-site, but store equipment and materials or perform fabrication or similar work on-site (See 118.3.3.D).

16)

Convenience store with or without gas pumps, gas stations (See 118.3.3.C.4).

17)

Copy, print, pack and ship, publishing, post office, bulk mailing service, and other office type services.

18)

Detention center, jail, prison.

19)

Dredging, earth extraction, clearing or grading (timber cutting).

20)

Drive-in theater, movie production facility.

21)

Fabrication and manufacturing of fabrics and materials (See 118.3.3.D).

22)

Flea market (See 118.3.3.C.5).

23)

Funeral home or mortuary, crematorium.

24)

Greenhouse or nursery, commercial garden center.

25)

Health club.

26)

Indoor commercial recreation.

27)

Labor pool.

28)

Laundromat, dry-cleaning, and carpet cleaning plants and drop-off, diaper service, linen supply.

29)

Lodge, membership club (See 118.3.3.C.1).

30)

Machine shop, light manufacturing or assembly.

31)

Major utilities.

32)

Manufactured housing sales.

33)

Manufacturing, refining and processing chemicals or materials.

34)

Offices governmental or operational.

35)

Outdoor recreation.

36)

Outdoor storage and bulk storage: nonflammable or flammable (See 118.3.3.D.3 and 118.3.7).

37)

Park, Recreation field, beaches.

38)

Parking: surface or garage, as accessory or primary use.

39)

Pawnshop (See 118.3.3.C.8).

40)

Police, Fire, EMS substation.

41)

Psychiatric institution.

42)

Radio, telephone, and television transmission towers and facilities (commercial).

43)

Recycling drop-off facility.

44)

Repair service: non-automotive, all types.

45)

Research, testing, and development laboratory.

46)

Restaurant/food service establishment, with or without sale of alcoholic beverages (See 118.3.3.C.1).

47)

Retail, wholesale, or rental.

48)

Self-Storage: fully enclosed indoor multi-story or mini-storage (See 118.3.3.C.8).

49)

Social service facility, soup kitchen, transient lodging or shelter for the homeless.

50)

Stone, clay, concrete products.

51)

Tattoo shop, body piercing, palmist, psychic, medium.

52)

Trade schools, enrichment classes such as dance or martial arts.

53)

Truck, bus, rail or motor freight terminal, service facility, drop yard.

54)

Vehicle and equipment sales, large.

55)

Vehicle service and repair (See 118.3.3.C.9).

56)

Warehouse, freight, cartage, distribution facility, parcel service (See 118.3.3.D)

57)

Waste processing (does not include junkyards and recycling centers, see supplemental regulations in Section 118.3.3.D.1).

58)

Water management structures, wells, reservoirs.

59)

Winery, brewery, bottling plant.

Conditional uses.

60)

Airport, heliport.

61)

Auditorium, arena, stadium, indoor athletic, tennis, swim club.

62)

Campground, travel trailer park, recreational vehicle park.

63)

Outdoor shooting range.

64)

Religious assembly.

C.

Building envelope standards. The building envelope standards for buildings in the industrial districts are as follows.

Table 118.2.1.J. Nonresidential Dimensional Standards

(Ord. No. 3422, § 4, 1-14-2008; Ord. No. 3473, § 4, 6-16-2008; Ord. No. 3841(Exh. A), § 1, 10-1-2018; Ord. No. 3890, § 1(Exh. A), 1-21-2020)

A.

Conservation Lands (CON).

1.

Intent statement. The CON District is intended to designate, conserve, and protect from incompatible uses, the regionally significant wetlands or uplands within the city that are, or will be, owned and used for long-term conservation purposes. It is intended that areas in the CON District be utilized as water management areas, lakes, open space, and passive recreation areas and nature parks with limited recreational use.

2.

Interpretation.

a.

These provisions apply to the development of land designated CON on the Future Land Use Map. The requirements of the Land Development Code shall apply if this section does not otherwise address the area of regulation, as it may be amended. In the event of conflict between the provisions of this section and the other requirements of the Land Development Code, the provisions of this section shall govern.

b.

The interpretation and application of the CON District will be reasonably and uniformly applied to all property within the city that is designated CON.

3.

Permitted uses.

1)

Conservation land.

2)

Game preserve, wildlife management area, refuge, animal sanctuary.

3)

Water management structures, wells, reservoirs.

Conditional uses

4)

Agricultural activities and services.

5)

Agricultural product processing plant.

6)

Aviary.

7)

Farm labor and management services.

8)

Large animal and veterinary services.

9)

Residential, single-family detached.

4.

Density transfer.

a.

If there are adjacent upland areas that are under common ownership within the areas designated CON, the density of the CON District shall be the same as the adjacent upland area, but the units must be developed on the adjacent upland areas.

b.

For areas located east of Interstate 75, residential density transfer from CON to adjacent upland areas shall not exceed 1.33 times the maximum allowable gross density of the adjacent uplands (non-CON), i.e., the net upland density may not exceed 1.33 times the maximum allowable gross density for the property. (For example, for MDP-3.0 land, the maximum allowable density on adjacent uplands shall be 3.0 × 1.33 = 3.99 units per acre, for RM-12 District the allowable density shall be 12.0 × 1.33 = 15.95 units per acre.)

5.

Establishment of the boundaries.

a.

The CON District boundaries on the Future Land Use Map are based on the best available information at the time the Future Land Use Map is adopted.

b.

The exact location of CON District boundaries shall be based on the boundaries approved in the regulating agency's permit and will be adjusted to conform to the final issued permits.

B.

Recreation District (REC).

1.

Intent statement. The REC District is created to reserve land areas for parks, open space, and active and passive recreation purposes. In order to provide for the public convenience, health, safety and general welfare, requirements are set forth for recreation and park lands, and open space within the city.

2.

Permitted uses.

1)

Athletic field, track.

2)

Commercial amphitheater.

3)

Drive-in theater.

4)

Golf course and clubhouse.

5)

Horse stable, riding academy.

6)

Municipal wellfield.

7)

Outdoor recreation and community center.

8)

Park, recreation field, beaches.

9)

Sports academy for active recreational or competitive sports.

Conditional uses

1)

Municipal-owned horticulture recycling/processing.

2)

Museum, library, community center (public).

3.

Lot size. The minimum lot size shall be 10,000 square feet.

4.

Building coverage. The maximum building coverage shall be 30 percent.

5.

Building setbacks. All buildings shall be located at least 30 feet or one-half the width of the street right-of-way, whichever is larger, from all existing and proposed streets and at least 25 feet from all property lines.

6.

Building height. The maximum building height shall be 32 feet.

(Ord. No. 3422, § 4, 1-14-2008; Ord. No. 3841(Exh. A), § 1, 10-1-2018; Ord. No. 3890, § 1(Exh. A), 1-21-2020)

A.

Edison Ford Cultural District (EFC).

1.

Intent statement. The majority of the property in this district includes historic property once the winter homes of Thomas Edison and Henry Ford. The district is intended to promote and maintain the preservation of designated historic structures, portray the legacy of these American legends in Fort Myers, and serve as an economically viable and visible cultural landmark to the community and world. These EFC district regulations shall establish the permitted uses for the property thereby enhancing the cultural value of the estates and surrounding neighborhoods.

2.

Permitted uses.

Auditorium, theatre - as an accessory use to a primary use located on the same lot or on a lot of common ownership in the EFC district.

Concession - as an accessory use to a primary use located on the same lot or on a lot of common ownership in the EFC district.

Conservation land.

Essential services.

Food preparation or dining area - as an accessory use to a primary use located on the same lot or on a lot of common ownership in the EFC district.

Greenhouse or nursery, commercial garden center - as an accessory use to a primary use located on the same lot or on a lot of common ownership in the EFC district.

Indoor recreation - as an accessory use to a primary use located on the same lot or on a lot of common ownership in the EFC district.

Maintenance shop, workshop and storage, limited (indoor and outdoor) - as an accessory use to a primary use located on the same lot or on a lot of common ownership in the EFC district.

Museum, library, community center.

Neighborhood arts center, art studio or similar use.

Offices - as an accessory use to a primary use located on the same lot or on a lot of common ownership in the EFC district.

Park.

Parking, surface or parking, structured limited to two levels.

Passive recreation.

Philanthropic institution.

Food service establishment with or without sale of alcoholic beverages (See 118.3.3.C.12) - as an accessory use to a primary use located on the same lot or on a lot of common ownership in the EFC district.

Retail sales - as an accessory use to a primary use located on the same lot or on a lot of common ownership in the EFC district (including gift shop, garden shop, nursery and agricultural products; excluding motor vehicles or large equipment).

Educational enrichment classes - as an accessory use to a primary use located on the same lot or on a lot of common ownership in the EFC district.

Special events (including but not limited to concerts, outdoor festivals, outdoor films, weddings, receptions, non-motorized watercraft events, and the like)

Water management structures, wells, reservoirs - as an accessory use to a primary use located on the same lot or on a lot of common ownership in the EFC district.

3.

Building envelope standards. The building envelope standards in the EFC district are as follows:

(Ord. No. 3893, § 1(Exh. A), 2-3-2020)