A.

Purpose and intent. The purpose and intent of this Article is to encourage design principles which promote an attractive living and working environment, enhance community pride, preserve property values, attract business investments and promote the public health, safety and welfare.

B.

Applicability. This article shall be comprised of four separate planning strategies as follows: maintenance strategies; corridor-conscious development strategies; corridor improvement strategies; and neighborhood plans. These strategies shall be prepared for the areas identified in the comprehensive plan, and upon adoption by city council, incorporated herein and made part of the land development code.

C.

Compliance. All development proposals along any of the designated corridors shall undergo site plan review by staff for compliance with the appropriate supplemental regulations.

(Ord. No. 3422, § 4, 1-14-2008)

A.

The following corridors have been designated in order of priority in the comprehensive plan for a maintenance strategy, and additional streets may be added to the list as deemed necessary:

1.

Fowler Street

2.

McGregor Boulevard

3.

Broadway

4.

Marsh Avenue

5.

Luckett Road

6.

Veronica S. Shoemaker

7.

Metro Parkway

8.

First Street

B.

A maintenance strategy shall be prepared for each individual area in order to preserve existing unified areas and neighborhoods. New development proposed for these areas shall undergo site plan review by staff for visual and functional compatibility with the surrounding area.

C.

The following applies to East First Street:

1.

Signage. All signs on property fronting on East First Street between Fowler Street and Billy's Creek shall comply with the requirements as for signs in the neighborhood commercial districts (NC) as set forth in chapter 126.

2.

Special setback and frontage road requirements. By virtue of the natural and historic beauty of McGregor Boulevard between Johnson Street and Edison Estate, and also that of East First Street between Fowler Street and Billy's Creek, and because of their locations in the comprehensive plan, it is the intent of this section, in order to preserve this value to the community, to require that all buildings and structures on properties abutting both sides of these two streets shall maintain a setback from the street right-of-way of not less than 25 feet. Such setback area shall be used only for landscaping, except for necessary walks or driveways as approved by the building official, and along East First Street only, signs in accordance with chapter 126.

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

A.

The following corridors have been designated in the comprehensive plan for a corridor-conscious development strategy, and additional streets may be added to the list as deemed necessary:

1.

Colonial Boulevard

2.

Winkler Avenue — see 118.4.2

3.

Summerlin Road

4.

Metro Parkway

5.

Ortiz Avenue

6.

Veronica S. Shoemaker

7.

Marsh Avenue

8.

Boy Scout Drive

9.

Omni Road

B.

Corridor-conscious development strategies shall be prepared for areas that are not yet developed or have a strong potential for significant redevelopment. Each individual corridor strategy shall address, as a minimum, the following design issues: access control, special setbacks, street trees and landscape treatment, buffering techniques, internal circulation systems, special signage requirements and underground utilities. Where these supplemental regulations conflict with other code requirements, these supplemental regulations take precedence. Any item not specifically addressed here shall follow existing code requirements.

(Ord. No. 3422, § 4, 1-14-2008)

A.

The following corridors have been designated in order of priority in the comprehensive plan for a corridor improvement strategy, and additional streets may be added to the list as deemed necessary:

1.

Anderson Avenue (Dr. Martin Luther King, Jr. Boulevard)

2.

Palm Beach Boulevard

3.

Evans Avenue/Fowler Street one-way pair

4.

U.S. 41 (Cleveland Avenue) — see 118.4.3

5.

Hanson Street

B.

Corridor improvement strategies shall be prepared to correct problems that have arisen over the years due to poor site planning. These strategies shall be prepared and adopted as amendments to the comprehensive plan. Until such time as the improvement strategies are completed, development proposals shall be reviewed considering corridor-conscious design criteria.

(Ord. No. 3422, § 4, 1-14-2008)

A.

General provisions.

1.

Plans required. Neighborhood plans, in order of priority, shall be prepared for the following areas:

a.

Velasco Village

b.

Anderson Avenue (Dr. Martin Luther King, Jr. Boulevard)

c.

Lincoln Boulevard

d.

East Henderson Avenue

e.

Highland

f.

Billy

g.

South Ballard Road

h.

Flagler

2.

Intent. To ensure visual and functional compatibility, the neighborhood plans shall, as a minimum, provide for unity in building design, landscape and site treatment, and signage. The intent is to promote the redevelopment of these areas through special controls, economic incentives, as well as public and private investment.

B.

Neighborhood Redevelopment District (NR-1).

1.

Purpose. By virtue of its location in the comprehensive plan of the city and in the community redevelopment plan entitled "Velasco Village Neighborhood Redevelopment Plan," it is the express intent of the Velasco Village Neighborhood Redevelopment District to promote the redevelopment of the area, which is to be predominantly developed with single-family homes, as a desirable and affordable residential area. The regulations of this district are intended to:

a.

Protect and upgrade the single-family character of the area.

b.

Encourage the discontinuance of existing incompatible uses.

c.

Protect and promote a suitable environment for family living.

d.

Prohibit any use which, because of its character, size or location, would generate other than normal residential traffic on local streets, or would create excessive requirements and costs for public services.

e.

This district shall consist of a single-family district, and a overlay zone to accommodate adult congregate living facilities. There are special controls for this district to provide incentives for affordable housing, provide for buffers between backyards in this neighborhood and adjacent neighborhoods, and to ensure the development of a pleasing, safe and desirable single-family neighborhood.

2.

Uses permitted. In the neighborhood redevelopment district, no building, structure or land shall be used and no building or structure shall hereafter be erected, constructed, reconstructed, or structurally altered which is designed, arranged, or intended to be used or occupied for any purpose other than for one or more of the following uses:

a.

One-family dwellings.

b.

Home occupations.

c.

Buildings and uses normally accessory to the above uses.

3.

Conditional uses.

a.

In the neighborhood redevelopment district, certain uses may be permitted after review and public hearing by the board of adjustments. The board shall consider the recommendation of the planning board. Each case shall be considered independently, and approval of any conditional use shall not be construed to establish precedent for other cases.

b.

The board of adjustments shall review the following and may require mitigation of adverse impact as a condition of approval:

1)

Impacts on the local economy, including governmental fiscal impact, employment and property values.

2)

Impacts on the natural environment, including air, water and noise pollution, vegetation and wildlife, open space, noxious and desirable vegetation and flood hazards.

3)

Impacts on historic, scenic and cultural resources, including views and vistas, and loss or degradation of cultural and historic resources.

4)

Impacts on public services, including water, sewer, surface water management, police, fire, parks and recreation, streets, public transportation, marinas and waterways, and bicycle and pedestrian facilities.

5)

Impacts on housing and social conditions, including variety of housing unit types and prices, and neighborhood quality.

c.

The following uses may be considered by the board of adjustments upon receipt of a properly executed application accompanied by a site plan:

1)

Public utility substations and structures.

2)

Child care centers.

3)

Churches and their related accessory buildings and structures, such as religious, education and recreational facilities.

4)

Public community center buildings, public libraries, public recreational areas and facilities, public museums and public historical facilities.

5)

Public or parochial schools through the 12th grade.

6)

Residential care facilities.

7)

All buildings and uses normally accessory to the above uses.

4.

Adult Congregate Living Facility Floating Zone. Within the adult congregate living facility (ACLF) floating zone, ACLF projects or section 202 housing projects totaling no more than 50 units may be permitted after review and public hearing by the board of adjustments, in the same manner as a conditional use (pursuant to section 118.7.5.B.3). Such facilities shall not exceed 50 units at a maximum density of ten units per acre (see also section 118.3.3.A.5), with a maximum height of 14 feet.

5.

Lot size. The minimum lot size in the neighborhood redevelopment district shall be as follows:

a.

One-family dwellings.

1)

Width, 75 feet;

2)

Depth, 100 feet;

3)

Area, 7,500 square feet.

b.

All other uses.

1)

Width, 150 feet;

2)

Depth, 150 feet;

3)

Area, 22,500 square feet.

6.

Living area. The minimum living area of structures in the neighborhood redevelopment district shall be as follows:

a.

One-family dwellings shall have a minimum of 900 square feet.

b.

Adult congregate living facilities shall have a minimum of 500 square feet for each separate unit.

7.

Building coverage. The maximum building coverage permitted in the neighborhood redevelopment district shall be 35 percent.

8.

Building height. The maximum building height in the neighborhood redevelopment district shall be 32 feet, except for adult congregate living facilities which shall be 14 feet.

9.

Front yard. The minimum front yard setback in the neighborhood redevelopment district shall be 25 feet.

10.

Side yards. The minimum side yard setback in the neighborhood redevelopment district shall be seven feet on both sides of interior lots and on the interior side of corner lots. On corner lots, the side adjacent to the street shall not be less than 20 percent of the lot width, but in no case less than 12½ feet. The side yard need not be greater than 25 feet.

11.

Rear yard. The minimum rear yard setback in the neighborhood redevelopment district shall be ten feet.

12.

Off-street parking. The minimum off-street parking requirements for the neighborhood redevelopment district are set forth in chapter 134.

13.

Signs. The sign requirements in the neighborhood redevelopment district are set forth in Chapter 126.

14.

Design standards. All development within the neighborhood redevelopment district shall meet the following design standards. In the event of conflicts with other regulations, the more stringent criteria shall prevail.

a.

Landscaping.

1)

Trees. A minimum tree canopy coverage shall be provided of 15 percent, in accordance with chapter 138 and the City of Fort Myers Tree Handbook.

2)

Lawns. All lawn areas must be sodded or seeded. St. Augustine species (Floratam, Bitter Blue, and Seville) or Bermuda grasses are encouraged. No rock, gravel or concrete shall substitute as a ground cover or lawn.

b.

Fencing. Chain link (or cyclone) fencing is prohibited in front yards or on corner lots in side yards adjacent to the street (see also section 118.3.8).

c.

Outdoor living spaces.

1)

Front porches. A front porch, facing the street, with minimum dimensions of five feet deep and ten feet long, is required. This porch shall be accessible both to the house and yard. It may be screened or roofed, but shall not be enclosed by walls or otherwise extending more than three feet vertically from the porch floor.

2)

Outside lighting. A minimum of one outdoor light is required. This light may be located on the house itself, on the front porch, or in the yard, but shall be located to avoid glare on adjacent property as much as possible.

d.

Buffering and screening. A landscape buffer consisting of areca palms planted every five feet on center, of a minimum seven-gallon in size at the time of planting, is required along any property line abutting a railroad track, commercial use, arterial or collector road, or property not within this district, subject also to chapter 134.

(Ord. No. 3422, § 4, 1-14-2008; Ord. No. 3568, § 2, 11-15-2010; Ord. No. 3918, § 12, 12-6-2021)

A.

Purpose and intent. The purpose and intent of this section is to establish the framework for a comprehensive policy to promote the educational, cultural, economic and general welfare of the city in keeping with the vitality for which the city is recognized and to provide the means to enhance its aesthetic environment, to encourage incorporation of public art into private and public development recognizing that the art will become integral, lasting components of the cityscape and will be of intrinsic value to developments or, in lieu thereof, to contribute monies to the public art fund to provide for incorporation of visual art throughout the city. Public art provides artistic and cultural resources that enhance the quality of life for individuals living and working in the city. By mandating a percent for art fee for vertical capital improvement projects and encouraging contributions for private development projects, planned unit developments, and government entity projects, not including city vertical capital improvement projects or city-owned buildings, within the city, the public art program serves to:

1.

Promote and strengthen civic pride;

2.

Enhance and define the identity of the city;

3.

Reflect the unique character and history of the city;

4.

Create an important impression for visitors;

5.

Encourage and increase tourism;

6.

Spur economic development within the community;

7.

Increase property values;

8.

Reinforce the community as a regional and national leader in visual and performing arts;

9.

Elevate the image of proximately located corporate enterprises;

10.

Create visual and aesthetic landmarks;

11.

Impart a cohesive visual and physical appearance;

12.

Enhance the public environment visually;

13.

Enrich the cultural climate of the city;

14.

Enhance the quality of life;

15.

Engage the community;

16.

Raise the level of awareness to the importance of aesthetic and intellectual experiences in everyday life; and

17.

Promote awareness of visual arts in the public realm.

B.

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessible means public art that is viewable by the public.

Commercial building means any building or structure, all or part of which contains a commercial or industrial use permitted by this Code.

Construction means a new building, renovation of an existing building, or addition to a building.

Construction costs means the total value of all construction, reconstruction or addition as determined by the chief building official in issuing a building permit for such construction, reconstruction or addition.

Government entity means an agency, instrumentality or other entity of federal, state, or local government including multijurisdictional agencies, instrumentalities and entities.

Percent for art fee means a fee established for the collection of monies to support the public art program.

Private development means any project to be paid for wholly or in part by the developer or owner for the construction, reconstruction or addition, excluding site work, to any privately owned building or structure.

Public art means original works of art accessible by the public and which possess aesthetic qualities reflecting an awareness of site through its physical dimensions, social dynamics, local character, historic connection, and surrounding urban context. Public art includes, but is not limited to, paintings, photographs, prints, etchings, engravings, sculpture, statues, carvings, murals, mosaics, stained glass, monuments, wall hangings, tapestries, mobiles and sculptural unique elements that lie or exist within fountains; and works of art that are freestanding or free hanging in that they are not a structural part of a building or other structure. Public art does not include architectural elements such as dedicated public spaces or plazas in which works of art are placed, installed or affixed. Public art does not include mass-produced items of standard design such as park benches, playground equipment, fountains, or reproductions or unlimited copies of original works of art.

Public art collection means all works of public art owned by the city, located on city property, or acquired, commissioned, designed, or placed by the public art committee.

Public art committee means the committee created in section 98.2.6 of the land development code to oversee public art.

Public art district means a land area designated by the city for display of public art that provides artistic and cultural resources to enhance the quality of life for individuals living, working and visiting the city.

Public development means any project to be paid for wholly or in part by the city, county, state or federal governmental entity.

Reconstruction means alterations or repairs made to a public or private building or structure, whether commercial, industrial or residential, which total alterations or repairs within any 12 month period exceed 50 percent of the value of the existing structure, so that such structure must conform to the requirements of new buildings pursuant to section 98.4.5.

Renovations mean alterations or repairs made to a public or private building or structure, whether commercial, industrial or residential, which total alterations or repairs within any 12 month period exceed 50 percent of the value of the existing structure, so that such structure must conform to the requirements of new buildings pursuant to section 98.4.5.

Single-family residence means the description as provided in the Florida Building Code.

Vertical capital improvement projects means public buildings and other structures constructed, renovated or otherwise improved by the city on city-owned land, excluding underground utilities.

C.

Percent for art fee.

1.

The city when constructing vertical capital improvement projects, with a construction value of $250,000.00 or more shall pay an amount of not less than one percent of such cost to the public art fund for acquisition and installation of public art, but not to exceed the sum of $250,000.00 which amount shall be paid prior to the issuance of a building or site work permit. Once public art is installed for a vertical capital improvement project it may not be removed unless an equivalent piece of art or a more valuable replacement work of art is substituted with the review and prior approval of the public art committee and city council. The replacement art work or works must have a value equal to or exceeding the greater of the current fair market value of the art work or the value on the date it was originally installed.

2.

The city for an existing city-owned building that is remodeled with a construction value equal to or more than 50 percent of the replacement cost, and with replacement cost of $250,000.00 or more of the building, shall pay an amount of not less than 1 percent of such costs to the public art fund, not to exceed $250,000.00, for the acquisition and installation of public art. The public art fee shall be paid prior to issuance of a building permit. Once public art is installed under this sub-section, it may not be removed unless an equivalent piece of art or a more valuable replacement work or art is substituted with the review and prior approval of the public art committee and city council. The replacement work or works of art must have a value equal to or exceeding the greater of the current fair market value of the art work or the value on the date it was originally installed.

3.

Private developers, with a development that has a construction value of $250,000.00 or more, will be encouraged to pay an amount of not less than one percent of such costs to the public art fund not to exceed $250,000.00, for acquisition and installation of public art.

4.

Private developers, with developments that are remodeled with a construction value equal to or more than 50 percent of the replacement cost and with replacement cost of $250,000.00 or more of the building, will be encouraged to pay an amount of not less than 1 percent of such costs to the public art fund not to exceed the sum of $250,000.00 for acquisition and installation of public art.

5.

An applicant for a planned unit development, with a construction value of $250,000.00 or more, will be encouraged to pay an amount of not less than one percent of such costs to the public art fund not to exceed $250,000.00, for acquisition and installation of public art.

6.

Government entity projects, not including city vertical capital improvement projects, with a construction value of $250,000.00 or more, will be encouraged to pay an amount of not less than 1 percent of such costs to the public art fund not to exceed $250,000.00, for acquisition and installation of public art.

7.

Government entity projects with an existing government entity-owned building, not including a city-owned building, that is remodeled with a construction value equal to or more than 50 percent of the replacement cost and with replacement cost of $250,000.00 or more of the building, will be encouraged to pay an amount of not less than one percent of such costs to the public art fund not to exceed the sum of $250,000.00 for acquisition and installation of public art.

8.

After review and recommendation of the public art committee and subject to the approval of city council, a private development may incorporate its own public art in lieu of a contribution to the public art fund. The public art incorporated by a private development in lieu of a contribution to the public art fund shall be installed outside of any and all buildings and be accessible by the public from the adjacent or adjoining public rights-of-way.

9.

Funds paid into the public art fund may be pooled by the city to create or maintain an area designated as a public art district.

D.

Exemptions. The following are exempted from the provisions of this article:

1.

Churches.

E.

Public art fund. The funds contributed for public art shall be deposited in the public art fund along with any and all other revenues appropriated in accordance with this section. The public art fund shall also be used as a deposit for endowments, gifts, bequests, grants or donations given to the city for public art purposes. The revenues in such fund shall be used solely for the following:

1.

The design, acquisition, commission, and installation, including base and anchoring systems, of new public art;

2.

The improvement and preparation of city-owned real property solely for foundational support of the public art, whether such public art is part of or added to the city public art collection;

3.

At the option of the public art committee, to conserve, repair, maintain, replace, transport, relocate, remove, administer or insure works of public art;

4.

Appraisals of public art; or

5.

Obtaining loan or temporary lease of artworks, and the associated shipping and installation costs.

F.

Reserve for conservation, repairs and maintenance. At least ten percent and up to 25 percent of all amounts received pursuant to this section shall be designated for conservation, repair and maintenance of works in the city public art collection. The specific reserve between ten percent and 25 percent shall be reviewed annually by the public art committee and presented to city council for approval. The funds shall be solely for conservation, repair, and maintenance. The city council has the right to allocate additional city funds for conservation, repairs and maintenance at its own discretion.

G.

Owner/developer installed public art. The following shall govern public art or works of public art that an owner or developer installs on its development site:

1.

Public art that is placed or located on private development sites must be installed outside of any and all buildings and be accessible by the public from the adjacent or adjoining public rights-of-way. The public art committee has the right to reject the proposed location of the public art on the site.

2.

Public art must be reviewed and approved by the public art committee pursuant to section 98.2.6 of the city code.

3.

After public art is installed on a development site, it must be retained in its approved location and may not be moved without the review and prior approval of the public art committee.

4.

Title to public art placed by an owner or developer on site runs with the land, as does the correlative duty, obligation and responsibility for maintaining and insuring the art.

5.

While a property owner may install additional works of art on the development site without regard to this section, no such art shall detract from or change the nature of the work or works approved by the public art committee pursuant to this section.

6.

The public art committee shall provide application forms for use by owners and developers to provide on-site public art. If requested, the public art committee will assist the owner or developer, at the owner or developer's sole expense, in issuing and administering a call for artists and reviewing the submissions received in response thereto. Prior to the selection and commissioning of artists, the review of design and the recommendation of the acceptance of works of art, the public art committee shall submit the action proposed to be approved by city council.

H.

Finality of decisions; appeals. An owner or developer may appeal a decision made by the public art committee as follows:

1.

Any owner or developer affected by this section may appeal any decision of the public art committee by filing a written notice of appeal within 30 days of the issuance of the decision. The notice of appeal shall be filed with the city attorney, and copies provided to the city clerk and the public works director, and shall state with specificity the decision being appealed, the grounds for the appeal and a summary of the relief sought.

2.

Upon receipt of a notice of appeal, the city council shall be notified of the hearing for appeal.

3.

The public works department shall send written notice of hearing to all property owners within 300 feet of the subject property at least 15 days prior to the hearing for the appeal. Mailing labels are to be provided by the owner or developer.

4.

Ex parte communication is not permitted during the appeals process.

5.

The city council may request employees of the city with personal knowledge of relevant facts to attend the hearing and produce relevant documents.

6.

The city council, in reaching a decision, must consider criteria, as well as any other issues that are pertinent and reasonable, as follows:

a.

Whether appeal is of a nature properly brought for decision, or whether there is an established procedure for handling the request other than through the appeal process.

b.

The intent of this chapter applied or interpreted.

c.

The effect the ruling will have when applied generally to this chapter.

d.

Staff recommendations, the testimony of the applicant appellant, and testimony of the general public must be considered.

7.

Cases under this section will be handled as a de novo proceeding and all parties will be entitled to present evidence and testimony as to any law or fact supporting their position in the case.

8.

Before granting any appeal, the city council must find that an error was made in the order, requirement, decision, interpretation, determination or action of the public art committee.

9.

The decision of the city council will be final. Judicial review of a final decision of the city council will be in circuit court. The review may only be obtained through filing a petition for writ of certiorari pursuant to the Florida Rules of Appellate Procedure. The petition must be filed within 30 calendar days after the issuance of a final decision by city council.

(Ord. No. 3422, § 4, 1-14-2008; Ord. No. 3568, § 3, 11-15-2010; Ord. No. 3796, § 1, 4-17-17)

Editor's note— Ord. No. 3890, § 1(Exh. A), adopted January 21, 2020, renumbered former § 118.7.7 as § 118.7.6.