Fort Myers Beach City Zoning Code
Complete index of all zoning chapters, sections, and subsections
ARTICLE II
ZONING PROCEDURES
Sections
- DIVISION 1. - GENERALLY
- DIVISION 2. - TOWN COUNCIL
- Sec. 34-81. - Appointment of local planning agency.
- Sec. 34-82. - Initiation of zoning actions.
- Sec. 34-83. - Land use ordinance amendments or adoption.
- Sec. 34-84. - General procedures for actions on specific zoning applications.
- Sec. 34-85. - Rezonings.
- Sec. 34-86. - Appeals from administrative action.
- Sec. 34-87. - Variances.
- Sec. 34-88. - Special exceptions.
- Sec. 34-89. - Developments of regional impact.
- Sec. 34-90. - Land Development Code interpretations.
- Sec. 34-91. - Comprehensive plan interpretations.
- Sec. 34-92. - Comprehensive plan amendments.
- Sec. 34-93. - Rehearing of decisions.
- Sec. 34-94. - Special magistrate proceedings under the Florida Land Use and Environmental Dispute Resolution Act (F.S. § 70.51).
- Sec. 34-95. - Proceedings under the Bert J. Harris, Jr., Private Property Rights Protection Act (F.S. § 70.001).
- Sec. 34-96. - Final decision; judicial review.
- DIVISION 3. - LOCAL PLANNING AGENCY
- Sec. 34-111. - Agency established.
- Sec. 34-112. - Purpose and scope.
- Sec. 34-113. - Composition, appointment and compensation of members.
- Sec. 34-114. - Members' terms and vacancies.
- Sec. 34-115. - Forfeiture of office.
- Sec. 34-116. - Election and duties of officers.
- Sec. 34-117. - Clerk.
- Sec. 34-118. - Rules and procedures.
- Sec. 34-119. - Employment of staff and experts.
- Sec. 34-120. - Specific functions, powers and duties as to comprehensive planning and land development regulations.
- Sec. 34-121. - Functions, powers and duties as to zoning matters.
- Sec. 34-122. - Functions, powers and duties as to historic preservation.
- Sec. 34-123. - Cooperation with the local planning agency.
- Sec. 34-124. - Legal counsel to the local planning agency.
- DIVISION 4. - APPLICATIONS AND PROCEDURES
- Subdivision I. - General Procedures
- Subdivision II. - Additional Procedures for Planned Development Zoning Districts
- Sec. 34-211. - Generally.
- Sec. 34-212. - Application for a planned development.
- Sec. 34-213. - Sufficiency and completeness.
- Sec. 34-214. - Application for an amendment.
- Sec. 34-215. - Documentation of unified control.
- Sec. 34-216. - Public hearings.
- Sec. 34-217. - Effect of planned development zoning.
- Sec. 34-218. - Binding nature of approval of master concept plan.
- Sec. 34-219. - Administrative amendments to approved master concept plan.
- Sec. 34-220. - Duration of rights conferred by adopted master concept plan.
- DIVISION 5. - PUBLIC HEARINGS AND REVIEW
- DIVISION 6. - INTERPRETATIONS, ENFORCEMENT AND SPECIAL ADMINISTRATIVE ACTIONS
ARTICLE III
- ZONING DISTRICT REGULATIONS
Sections
- DIVISION 1. - MAPPING OF ZONING DISTRICTS
- Sec. 34-611.- Zoning districts established.
- Sec. 34-612. - Types and general purpose of districts.
- Sec. 34-613. - Designation of district boundaries.
- Sec. 34-614. - Official zoning map.
- Sec. 34-615. - Current zoning map.
- Sec. 34-616. - Historic zoning map.
- Sec. 34-617. - Rules for interpretation of district boundaries.
- DIVISION 2. - ALLOWABLE LAND USES IN EACH ZONING DISTRICT
- DIVISION 3. - EXPLANATION OF PROPERTY DEVELOPMENT REGULATIONS FOR ALL ZONING DISTRICTS
- Sec. 34-631.- Building height.
- Sec. 34-632. - Density.
- Sec. 34-633. - Intensity and floor area ratios.
- Sec. 34-634. - Intensity and building coverage.
- Sec. 34-635. - Commercial design standards.
- Sec. 34-636. - Parcelization or subdivision of existing buildings.
- Sec. 34-637. - Minimum lot sizes.
- Sec. 34-638. - Minimum setbacks.
- Sec. 34-639. - Permitting survey requirements.
- DIVISION 4. - CONVENTIONAL ZONING DISTRICTS
- Sec. 34-641.- General purpose.
- Sec. 34-642. - RS (Residential Single-family) zoning district.
- Sec. 34-643. - RC (Residential Conservation) zoning district.
- Sec. 34-644. - RM (Residential Multifamily) zoning district.
- Sec. 34-645. - CR (Commercial Resort) zoning district.
- Sec. 34-646. - CM (Commercial Marina) zoning district.
- Sec. 34-647. - CO (Commercial Office) zoning district.
- Sec. 34-648. - Santos zoning district.
- Sec. 34-649. - IN (Institutional) zoning district.
- Sec. 34-650. - CF (Community Facilities) zoning district.
- Sec. 34-651. - BB (Bay Beach) zoning district.
- Sec. 34-652. - Environmentally Critical (EC) zoning district.
- DIVISION 5. - REDEVELOPMENT ZONING DISTRICTS
- Subdivision I. - Generally
- Subdivision II. - Downtown Zoning District
- Sec. 34-671. - Purpose.
- Sec. 34-672. - District map and applicability.
- Sec. 34-673. - Allowable uses.
- Sec. 34-674. - Building placement.
- Sec. 34-675. - Building size.
- Sec. 34-676. - Circulation and parking.
- Sec. 34-677. - Additional requirements.
- Sec. 34-678. - Outdoor display and sales of merchandise and food.
- Subdivision III. - Santini Zoning District
- Subdivision IV. - Village Zoning District
- Subdivision V. - CB Zoning District
- DIVISION 6. - PLANNED DEVELOPMENT ZONING DISTRICTS
- Subdivision I. - Generally
- Subdivision II. - RPD (Residential Planned Development) Zoning District
- Subdivision III. - CPD (Commercial Planned Development) Zoning District
- Subdivision IV. - Former MPD (Mixed-Use Planned Development) Zoning District
- DIVISION 7. - COMMERCIAL DESIGN STANDARDS
ARTICLE IV
- SUPPLEMENTAL REGULATIONS
Sections
- DIVISION 1. - GENERALLY
- DIVISION 2. - ACCESSORY USES, BUILDINGS AND STRUCTURES
- Sec. 34-1171.- Applicability of division.
- Sec. 34-1172. - Definitions.
- Sec. 34-1173. - Development regulations.
- Sec. 34-1174. - Location and setbacks generally.
- Sec. 34-1175. - Satellite dishes and amateur radio antenna/towers.
- Sec. 34-1176. - Swimming pools, tennis courts, porches, decks and similar recreation facilities.
- Sec. 34-1177. - Accessory apartments not requiring owner-occupancy on the premises.
- Sec. 34-1178. - Accessory apartments in owner-occupied homes.
- Sec. 34-1179. - Trucks and commercial vehicles in residentially zoned districts.
- Sec. 34-1180. - Garages.
- DIVISION 3. - SEXUALLY-ORIENTED BUSINESSES
- DIVISION 4. - AIRCRAFT
- DIVISION 5. - ALCOHOLIC BEVERAGES
- DIVISION 6. - ANIMALS
- DIVISION 7. - ANIMAL CLINICS AND KENNELS
- DIVISION 8. - AUTOMOTIVE BUSINESSES
- DIVISION 9. - BUS STATIONS AND TRANSIT TERMINALS
- DIVISION 10. - CARE AND ASSISTED LIVING FACILITIES
- DIVISION 11. - COMMERCIAL ANTENNAS AND COMMUNICATION TOWERS
- DIVISION 12. - DRUG PARAPHERNALIA
- DIVISION 13. - ENVIRONMENTALLY SENSITIVE AREAS
- Sec. 34-1571.- Purpose of division; areas of concern.
- Sec. 34-1572. - Applicability of division.
- Sec. 34-1573. - Environmental assessment report.
- Sec. 34-1574. - Compliance with applicable regulations; new roads, development, or expansion of existing facilities.
- Sec. 34-1575. - Coastal zones.
- Sec. 34-1577. - Wetlands.
- DIVISION 14. - ESSENTIAL SERVICES, ESSENTIAL SERVICE EQUIPMENT AND ESSENTIAL SERVICE BUILDINGS
- DIVISION 15. - EXCAVATIONS
- DIVISION 17. - FENCES, WALLS AND ENTRANCE GATES
- Sec. 34-1741.- Applicability of division.
- Sec. 34-1742. - Design and construction of fences and walls.
- Sec. 34-1744. - Location and height of fences, hedges and walls.
- Sec. 34-1745. - Buffer for commercial uses.
- Sec. 34-1747. - Construction in easements.
- Sec. 34-1748. - Enclosure of high-voltage transformers and other utility equipment.
- Sec. 34-1749. - Entrance gates.
- DIVISION 18. - HOME OCCUPATIONS; LIVE/WORK AND WORK/LIVE DWELLINGS
- DIVISION 19. - HOTELS, MOTELS AND BED-AND-BREAKFAST INNS
- Sec. 34-1801.- Definitions and general requirements.
- Sec. 34-1802. - Size of guest units.
- Sec. 34-1803. - Allowable intensity.
- Sec. 34-1804. - Parking.
- Sec. 34-1805. - Additional regulations for bed-and-breakfast inns.
- Sec. 34-1806. - Replacing a nonconforming hotel/motel.
- Sec. 34-1807. - Conversions of existing buildings.
- DIVISION 20. - LIGHTING STANDARDS
- DIVISION 21. - MARINE FACILITIES AND LIVE-ABOARD VESSELS[24]
- DIVISION 23. - MOBILE HOMES
- DIVISION 24. - MOVING OF BUILDINGS
- DIVISION 25. - OFF-STREET LOADING AREAS
- DIVISION 26. - PARKING
- Sec. 34-2011.- Types of parking facilities.
- Sec. 34-2012. - Definitions.
- Sec. 34-2013. - Access.
- Sec. 34-2014. - Parking plan.
- Sec. 34-2015. - Location and design.
- Sec. 34-2016. - Dimensional requirements; delineation of parking spaces.
- Sec. 34-2017. - Parking lot surfaces.
- Sec. 34-2018. - Joint use of parking lots.
- Sec. 34-2019. - Other use of parking lots.
- Sec. 34-2020. - Required parking spaces.
- Sec. 34-2022. - Reserved.
- DIVISION 26-A.- PERFORMANCE STANDARDS
- DIVISION 27. - PLACES OF WORSHIP AND RELIGIOUS FACILITIES
- DIVISION 29. - PRIVATE CLUBS AND MEMBERSHIP ORGANIZATIONS
- DIVISION 30. - RECREATION FACILITIES
- DIVISION 31. - RECREATIONAL VEHICLES
- DIVISION 32. - SCHOOLS
- DIVISION 32-A.- SHORT-TERM RENTALS
- DIVISION 33. - SIGNS
- DIVISION 34. - SPECIAL EVENTS
- DIVISION 36. - STORAGE FACILITIES AND OUTDOOR DISPLAY OF MERCHANDISE
- DIVISION 37. - SUBORDINATE AND TEMPORARY USES
- Subdivision I. - In General
- Subdivision II. - Temporary Uses
- Sec. 34-3041. - Generally.
- Sec. 34-3042. - Reserved.
- Sec. 34-3043. - Reserved.
- Sec. 34-3044. - Reserved.
- Sec. 34-3045. - Reserved.
- Sec. 34-3046. - Reserved.
- Sec. 34-3047. - Reserved.
- Sec. 34-3048. - Reserved.
- Sec. 34-3049. - Reserved.
- Sec. 34-3050. - Temporary use permits.
- Sec. 34-3051. - Mobile tourist information centers.
- Subdivision III. - Special Events (Reserved)
- DIVISION 38. - TALL STRUCTURES
- DIVISION 38-A.- TATTOO STUDIOS AND BODY-PIERCING SALONS
- DIVISION 39. - USE, OCCUPANCY, CONSTRUCTION AND MOVING REGULATIONS
- DIVISION 40. - VEHICLE VISIBILITY
- DIVISION 41. - RESERVED[25]
ARTICLE V
- NONCONFORMITIES26
Sections
- DIVISION 1. - GENERALLY
- DIVISION 2. - NONCONFORMING BUILDINGS
- Sec. 34-3231. - Nonconforming buildings defined.
- Sec. 34-3232. - Continued use of a nonconforming building.
- Sec. 34-3233. - Repairing a nonconforming building.
- Sec. 34-3234. - Enlarging a nonconforming building.
- Sec. 34-3235. - Moving a nonconforming building.
- Sec. 34-3236. - Replacing a nonconforming building.
- Sec. 34-3237. - Pre-disaster buildback.
- Sec. 34-3238. - Post-disaster buildback.
- DIVISION 3. - NONCONFORMING USES
- Sec. 34-3241. - Nonconforming uses generally.
- Sec. 34-3242. - Enlarging a nonconforming use.
- Sec. 34-3243. - Replacing a nonconforming use.
- Sec. 34-3244. - Discontinuing a nonconforming use.
- Sec. 34-3245. - Repairing a building containing a nonconforming use.
- Sec. 34-3246. - Nonconforming uses approved by special exception or permit.
- DIVISION 4. - NONCONFORMING LOTS
- Sec. 34-3271. - Definition of nonconforming lot.
- Sec. 34-3272. - Determining when a lot was created.
- Sec. 34-3273. - General requirements for residential uses on nonconforming lots.
- Sec. 34-3274. - Minimum use determinations.
- Sec. 34-3275. - Combining nonconforming lots.
- Sec. 34-3276. - Replacing a mobile home on a nonconforming lot.
- Sec. 34-3277. - Commercial use on a nonconforming lot.