The purpose of this chapter is to adopt the guidelines and provisions a community plan area believes is necessary to achieve the goals, objectives and policies set forth in the County Comprehensive Plan applicable to each recognized individual community plan area located within unincorporated areas of the County. These provisions are intended to enhance, not replace, the regulations contained in the balance of this Code, unless a particular community plan area specifically provides otherwise.

(LDC 1994, § 33-1; Ord. No. 05-29, § 5, 12-13-2005; Ord. No. 07-24, § 6, 8-14-2007; Ord. No. 24-14, § 7, 10-1-2024)

The articles of this chapter apply to the community plan areas in unincorporated areas of the County that are specifically identified in the Lee Plan. Each article covers an individual community plan area, or specifically identified portion of a community plan area, that has chosen to pursue adoption of standards for the particular community. In the event of conflict between the provisions of this chapter and the requirements of F.S. § 553.79, the requirements of F.S. § 553.79 shall prevail.

(LDC 1994, § 33-2; Ord. No. 05-29, § 5, 12-13-2005; Ord. No. 07-24, § 6, 8-14-2007; Ord. No. 18-03, § 3, 2-6-2018; Ord. No. 24-14, § 7, 10-1-2024)

Development within the community plan area affected by this chapter must comply with all County regulations, including the provisions of this Code. The community plan area regulations are intended to supplement regulations in this Code unless a particular community plan area specifically provides otherwise.

(LDC 1994, § 33-3; Ord. No. 05-29, § 5, 12-13-2005; Ord. No. 07-24, § 6, 8-14-2007; Ord. No. 24-14, § 7, 10-1-2024)

A conflict between the provisions of this chapter and the balance of this Code will be resolved in accordance with the following: The provisions of the Lee Plan in effect at the time of the conflict is discovered will control. If the Lee Plan is silent with respect to the issue, then the standards articulated in this chapter will control. If the Lee Plan and this chapter are silent with respect to an issue, then the provisions within the balance of this Code will control.

(LDC 1994, § 33-4; Ord. No. 05-29, § 5, 12-13-2005; Ord. No. 07-24, § 6, 8-14-2007)

Deviations and variances from the provisions set forth in each article may be achieved under the standards specifically set forth by the particular community plan area. If the article does not contain a specific provision related to variances and deviations, then the relevant provisions in Chapters 10 and 34 will apply.

(LDC 1994, § 33-5; Ord. No. 05-29, § 5, 12-13-2005; Ord. No. 07-24, § 6, 8-14-2007; Ord. No. 24-14, § 7, 10-1-2024)

(a)

Purpose and affected area. The San Carlos Island Redevelopment Overlay District (District) is designed to stimulate the revitalization of San Carlos Island. A legal description of the District's boundary is set forth in Appendix I. The district is comprised of the following four subdistricts:

(1)

San Carlos Island Commercial Corridor (SCC) Subdistrict;

(2)

San Carlos Island Commercial Corridor Expansion (SCCE) Subdistrict;

(3)

San Carlos Island Fisherman's Wharf (SCF) Subdistrict; and

(4)

San Carlos Island Waterfront (SCW) Subdistrict.

(b)

Optional nature of these regulations. Individual landowners may choose to follow all existing County regulations when they build or rebuild, or at solely their option, they may elect to develop or redevelop under the applicable provisions of this District. However, once a landowner elects to use any of the modified development regulations of this District on a particular parcel, then the landowner must comply with all of the applicable requirements of the district for that property. A landowner's election to redevelop or develop under the applicable district provisions must follow the procedure set forth in Section 34-1082(a) to become effective.

(c)

Planned Development Zoning.

(1)

Property previously zoned to a planned development district will not be eligible to participate in the district through the administrative approval process for redevelopment overlay districts. Instead, amendments to their existing approvals must follow the existing planned development amendment process specified in Section 34-371.

(2)

Notwithstanding the above, new planned developments electing to participate in the redevelopment overlay district may be approved as part of the district, so long as the uses requested as part of the planned development are included in Table 1, in Section 33-1743, and requisite approvals are obtained.

(d)

Authority. This District is consistent with and helps to implement the adopted Component Redevelopment Plan for San Carlos Island. This Redevelopment Overlay District complies with all requirements for such districts found in Sections 34-1080 through 34-1090.

(LDC 1994, § 33-1742; Ord. No. 16-19, § 9, 11-15-2016)

This District includes two distinct elements. The first is the Master Site Plan that modifies specified land development regulations and authorizes changes in the uses or type of approval required for a use in the four subdistricts, as set forth in Section 33-1744. The second element is a set of design guidelines adopted by the Administrative Code that includes recommendations regarding landscape materials, commercial storefronts, signage and preferred colors. The design guidelines enable private landowners to construct new buildings, or to rehabilitate existing buildings and other facilities, consistent with the specified guidelines, and also encourage proper maintenance. Combined, the two elements help to facilitate the redevelopment of the district in a manner consistent with the San Carlos Island Component Plan.

(LDC 1994, § 33-1743; Ord. No. 16-19, § 9, 11-15-2016)

The District Master Site Plan (plan or MSP) contains graphic and textual aspects which modify the following specified land development regulations. All other County land development regulations remain in full effect. A reduced copy of the San Carlos Island MSP is adopted by reference and included in reduced form in Appendix I. In general, the SCC and SCF Subdistricts retain the uses allowed in the underlying zoning districts. The SCW and SCCE Subdistricts alter the uses from those of the underlying zoning district to allow those uses set forth in Table 1 of this section. In addition, the type of approval required for certain uses has been modified, as also set forth in Table 1 of this section.

(a)

Planning criteria and conditions for the SCCE Subdistrict. No use set forth in Table 1 of this section for the SCCE Subdistrict can be approved unless the following planning criteria and conditions are found to exist by the Director or the Hearing Examiner, as applicable:

(1)

The property to be developed is under unified control, and is abutting land within either the SCC Subdistrict or abutting lands previously approved for development in the SCCE Subdistrict under these provisions;

(2)

There must be a unified plan of development shown on a Master Development Plan submitted with the development request;

(3)

Vehicular access to the proposed development request area:

a.

Is not allowed through a less intense or residential area; and

b.

Must be either from San Carlos Boulevard or through joint access with adjacent properties;

(4)

Landscaping and buffering is provided consistent with existing regulations in Section 10-416, except that:

a.

Any reduced landscaping or buffering provisions of the district may not be utilized; and

b.

If the property to be developed abuts South Street, a buffer that conforms to Section 10-416(d) must be provided along South Street; and

(5)

The property to be developed or redeveloped must comply with all of the requirements of Chapter 10, without variances thereto.

(b)

Land development regulations, land uses. Development requests electing to apply the land development regulations of the district are processed as administrative approvals pursuant to Section 34-1082(d), subject to the following:

(1)

The uses permitted within the SCC and SCF Subdistricts are those in effect for the underlying zoning districts at the time a legally sufficient development request is submitted.

(2)

Regardless of the uses allowed in an existing underlying zoning district, the only uses allowed in the SCW and SCCE Subdistricts are those set forth in Table 1 of this section at the time a development request is deemed legally sufficient. Land uses that are not expressly included in Table 1 of this section may be permitted by the Director only if they are no more intense than the most similar listed use, considering impacts such as noise, hours of operation, traffic generation, compatibility with the purposes of this overlay district and similar factors, and any required approvals are obtained.

(c)

Use of Table 1. The following abbreviated terms have the meaning stated and apply to Table 1 and its explanatory notes: The letters "SE" mean a use only permitted by a special exception approved pursuant to Section 34-145(c), approval under Section 34-1082(d)(1)a is required as well; "—" means that the use is not allowed; and the letter "P" means a use is permitted subject to approval by the Director pursuant to Section 34-1082.

Table 1. Land Uses in the SCCE and SCW Subdistricts

Notes:

A.

Limited to marine-oriented operations.

B.

Limited to establishments which are clearly accessory and subordinate to a marina or commercial fishing land support facility.

C.

Mainly the U.S. Coast Guard, Army Corps of Engineers, State Department of Environmental Protection, Marine Patrol and other marine-oriented County facilities.

D.

Limited to marine-oriented schools such as sailing schools.

E.

Limited to seafood markets.

F.

As modified by Section 33-1743(e)(6).

G.

In addition to the marina accessory uses listed in Section 34-2, the following uses are included if clearly accessory and subordinate to a marina: food stores, laundry facilities, rental or leasing facilities, Group I, and specialty retail shop, Group I.

H.

Boat sales and boat part sales which are clearly accessory and subordinate to this use are allowed.

I.

This use is only allowed east of San Carlos Boulevard.

J.

This use is allowed only where the underlying zoning is CM or IM, and the land use category is Urban Community.

(d)

Property development regulations, all subdistricts.

(1)

Required off-street parking. Off-street parking is generally required in accordance with Section 34-2011 et seq. Those requirements assume that patrons of each land use will arrive in a private automobile that will be parked in a private lot on the same premises. With the existing public parking lots in the district that may be used by the local merchants for customer parking, the number of off-street parking spaces required for any given land use must conform to Section 34-2020, except that marinas and other water-related uses will provide at least the following minimum number of parking spaces:

Boat slips: Two spaces per five slips.

Dry storage: One space per six slips.

Charter or party fishing boats, including passenger carrying vessels such as sunset trips, eco-trips, etc., but excluding local or international cruise ships: One space per four passengers, based on the maximum capacity of the boats using the docks or loading facilities.

(2)

Alternative parking surfaces for parking lots may be permitted within the District, except for parking lots abutting San Carlos Boulevard, provided that:

a.

The areas are adequately drained and continuously maintained in a dust-free manner. Acceptable alternative surfaces include gravel, crushed shell, or other similar materials. Parking on grass or other unimproved surfaces such as sand or dirt is prohibited; and

b.

Parking spaces for disabled persons must be paved with asphalt or concrete to provide a smooth surface without gaps or holes that would create a danger to the user.

(e)

Property development regulations, SCC and SCF Subdistricts only. The Director may administratively approve modifications to the property development regulations, ground-mounted sign regulations, off-street parking requirements, open space and buffering requirements set forth for the underlying zoning district for those properties in the SCC and SCF Subdistricts that physically abut or front upon San Carlos Boulevard, so long as the requirements below are met. All other properties within the SCC and SCF Subdistricts are subject to the land development regulations applicable to the underlying zoning in effect at the time a legally sufficient development request is submitted.

(1)

Property development regulations.

a.

Lot requirements. Minimum lot dimension or area requirements set forth for the zoning districts in which an eligible property is located may be administratively reduced by the Director as follows:

1.

For an existing lot where the need for the reduction resulted from a government road right-of-way acquisition program and was not otherwise self-created; or

2.

To create a new lot with a reduced lot depth, if the lot would comply with all lot width and area requirements and the lot is otherwise created in accordance with all other applicable regulations.

b.

Setbacks. The minimum street, side or rear setback requirements set forth in the property development regulations for the underlying zoning districts in which the property is located may be reduced by the Director as follows:

1.

Existing buildings and structures. Buildings and structures within the overlay district that are not in compliance with the street setback requirements of Section 34-2192 will be considered legally nonconforming, subject to the provisions of Section 34-3203(a) and (b), so long as the noncompliance resulted from a governmental road right-of-way acquisition program.

2.

New buildings and structures. Any building or structure erected after January 1, 1999, must comply with all applicable setback development regulations for the underlying zoning districts then in effect, except that:

i.

Where existing buildings on the abutting properties on both sides of the property in question are located closer to the street right-of-way than allowed by Section 34-2192, the Director may approve a minimum street setback equal to the average setback of the existing buildings on the abutting property; or

ii.

Where only one of the abutting lots has an existing building, the Director may approve a setback equal to one-half of the sum of the minimum setback for the existing building on the abutting lot and the required setback.

3.

Street setbacks for flag poles may be reduced by the Director so long as no part of the structure encroaches into the public right-of-way.

c.

Maximum lot coverage. If a portion of a site's parking or other development was reduced by a governmental road right-of-way acquisition program, then the site area lost thereby may be calculated as part of the overall lot area when determining maximum permitted lot coverage.

(2)

Open space, landscaping, and buffering. The minimum open space, landscaping, and buffering required for developments may be modified as follows:

a.

Lots that meet or exceed required standards. Lots that meet or exceed the minimum area requirements for the underlying zoning districts in which the property is located must comply with all open space, landscaping, and buffering requirements in effect at the time the development request is deemed legally sufficient.

b.

Lots that cannot meet standards. The Director may administratively approve modifications to the buffering, open space, and landscaping requirements for lots that cannot meet the area or dimensional requirements of the underlying zoning districts in which the property is located where the noncompliance resulted from a governmental right-of-way acquisition program and was not otherwise self-created, as follows:

1.

Buffering. Buffer areas between parking lots and the street right-of-way line may be waived, provided that a fence, wall or other acceptable method (e.g., bollards) is used to prevent vehicles from entering the parking lot or parking spaces at other than the site's designated access point. If waiving the buffering requirements would still not allow the property to be developed in compliance with all other applicable regulations, then the Director may administratively approve modifications to the open space requirements, as set forth below.

2.

Open space. The percentage of open space required by the underlying zoning districts may be reduced by up to 50 percent. If reducing the open space requirements by 50 percent would still not allow the property to be developed in compliance with all other applicable regulations, then the Director may administratively approve modifications to the landscaping requirements, as set forth below.

3.

Landscaping. Landscaping requirements may be reduced in proportion to approved modifications to the open space requirements.

(3)

Access. The Director, subject to approval of the State Department of Transportation, where required, may reduce the access point distance separation requirements to accommodate driveway or parking lot accesses, but only if they provide the sole vehicle access to two or more abutting properties.

(4)

Off-street parking. Alternative parking patterns such as off-site or shared parking lots are encouraged in the SCC and SCF Subdistricts. To allow flexibility in meeting a site's parking requirements, the Director may make modifications as follows:

a.

Properties meeting certain minimum lot requirements. No parking modifications may be administratively approved for any use located on a lot or parcel that meets the minimum lot depth, width, and area requirements for the underlying zoning districts in which located notwithstanding the effect of a governmental right-of-way acquisition program.

b.

Properties reduced below minimum depth requirements.

1.

The Director may administratively reduce the number of required parking spaces otherwise required in proportion to any reduction in a parcel's area resulting from a governmental right-of-way acquisition program. For example, if a lot lost 1,000 square feet of area for road right-of-way (ROW) purposes (100-foot frontage by ten-foot depth for new ROW) and the resulting lot depth was reduced below the minimum for the underlying zoning districts, then the parking requirements may be reduced by the Director up to six spaces (1,000 square feet divided by 162 square feet, the area of the standard parking space, i.e., nine feet by 18 feet, which equals 6.17, reduced to the next lower whole number, six) in order to meet the parking requirement. If the parking requirements still cannot be met, the Director may administratively approve the minimum number of off-site parking spaces necessary to meet the site's parking requirements, so long as:

i.

The site's property owner has entered into a written agreement with the property owner of the off-site parking lot that has been approved by the County Attorney's office and recorded in the County's public records;

ii.

The furthest parking space in the off-site parking lot is located no more than 300 feet from the property in question; and

iii.

No road or other restrictive barrier exists between the use and the parking lot that would prohibit safe pedestrian travel.

2.

To allow flexibility in meeting a site's parking requirements, the Director may administratively approve a request to allow up to 50 percent of the required number of parking spaces for land uses in the SCC and SCF Subdistricts to be located off-site, so long as the requirements of Sections 34-1089 and 34-2020(e) are met.

(5)

Off-street loading. Businesses within these subdistricts are exempt from providing designated off-street loading zones as required by Section 34-1981 et seq.

(6)

Signs.

a.

All signs within the SCC and SCF Subdistricts must comply with Chapter 30 except that where an existing building on the property is closer to the right-of-way than the minimum setback required by Section 34-2192 as a result of a governmental right-of-way acquisition program such that a ground-mounted sign could not be located between the existing building and the right-of-way and still comply with Chapter 30, then the Director may administratively approve either of the following alternatives:

1.

Reduce the required sign setback to accommodate a permitted ground-mounted sign, provided that no part of the sign may encroach into or over the public right-of-way or otherwise create an unsafe condition for passing motorists (see Section 30-1(b)); or

2.

Approve a ground-mounted sign to be located in the side yard next to the building but at a higher height than normally permitted, provided that the sign is the minimum height necessary to sufficiently convey a message about the owner or occupants of the property, the commodities, products or services available on the property, or the business activities conducted on such property (see Section 30-1(e)(4)); and does not exceed 30 feet in height.

b.

New billboards are not permitted within the SCC or SCF Subdistricts. Existing billboards destroyed by fire or other natural forces beyond 50 percent may be rebuilt in their current locations, at their current size.

(f)

Property development regulations, SCW and SCCE Subdistricts and certain properties in the SCC and SCF Subdistricts. Modified land development regulations for the SCW and SCCE Subdistricts and those properties in the SCC and SCF Subdistricts which do not abut or front upon San Carlos Boulevard are set forth in Table 2 of this section. Off-street parking for these areas is addressed in Subsection (g) of this section. Except where specifically noted, the terminology and special regulations found in Table 2 have the same meaning and effect as they do throughout this chapter. All other land development regulations applicable to the underlying zoning districts and development request will continue to have their same force and effect.

Table 2. Property Development Regulations for SCW, SCCE, and
Portions of SCC and SCF Subdistricts*

Notes: All notes referencing LDC sections must be complied with and met, plus the following, as applicable:

A.

The zero feet setback applies only to attached commercial buildings.

B.

Limited to docks, nonroofed boardwalks, and decks with public access.

C.

Boat service buildings or boat service structures, whether principal or accessory structures, may be built up to the mean high water line, as applicable.

D.

For boat storage facilities, dry, located within an existing IM, IL and CM Zoning Districts located in the SCW Subdistrict, the setback requirements of Section 34-2174 are modified to only require the setbacks for heights greater than 55 feet above mean sea level.

(g)

Off-street parking for the SCW and SCCE Subdistricts and certain properties in the SCC and SCF Subdistricts. It is an important element of this District to allow alternative parking patterns such as shared parking lots for the SCW and SCCE Subdistricts and those properties in the SCC and SCF Subdistricts that do not abut or front upon San Carlos Boulevard. To allow flexibility in meeting a site's parking requirements in these areas, the Director may administratively approve a development request to allow up to 50 percent of the required number of parking spaces for any land use in the SCW and SCCE Subdistricts and those properties in the SCC and SCF Subdistricts that do not abut or front upon San Carlos Boulevard to be located off-site, so long as:

(1)

The site's property owner has entered into a written agreement with the property owner of the off-site parking lot which has been approved by the County Attorney's office and recorded in the County's public records;

(2)

No road or other restrictive barrier would exist between the site and the proposed off-site parking that would prohibit safe pedestrian travel; and

(3)

The furthest parking space in the off-site parking lot is located no more than 300 feet from the property in question, except that:

a.

The Director may approve the use of parking spaces greater than 300 feet off-site up to 1,000 feet off-site, so long as the applicant demonstrates that no other spaces for parking are available closer than those being proposed; or

b.

If there are still not a sufficient number of spaces available within 1,000 feet, then so long as a shuttle service acceptable to the Director is provided and maintained between the parking spaces and the uses they serve, such parking may be used to meet up to 50 percent of the overall parking requirement.

(LDC 1994, § 33-1744; Ord. No. 16-19, § 9, 11-15-2016)