Lee County Unincorporated
City Zoning Code

In order to classify, regulate and restrict the location of buildings erected or structurally altered for specific uses, to regulate the use of land, to regulate and limit the height and bulk of buildings hereafter erected or structurally altered, to regulate and determine the area of yards and other open space about buildings, to regulate the intensity of land use and to promote the orderly growth of the County, in compliance with the goals, objectives and policies set forth in the Lee Plan, the unincorporated area is divided into zoning districts as set forth in this article and Chapter 12.

(LDC 1994, § 34-611; Ord. No. 93-24, § 7(400.01), 9-15-1993; Ord. No. 08-21, § 3, 9-9-2008)

There are two basic types of zoning districts provided for in this article: conventional zoning districts and Planned Development Districts. The general purpose of both types of zoning districts is to implement the goals, objectives and policies of the Lee Plan, as well as to provide protection to the public health, safety and welfare through the regulation of land use.

(1)

Conventional districts. Conventional zoning districts are districts within the unincorporated areas of the County within which land use is controlled through the regulation of the height and bulk of buildings and structures, the minimum area and dimensions of lots, the percentage of lot coverage, minimum open space and yard areas, through the use of setback requirements, the density of population, and the type and intensity of use of the land and buildings. Use and development regulations for the conventional districts are provided in Divisions 2 through 8 of this article.

(2)

PD Planned Development Districts. The purpose and intent of the various Planned Development Districts is to further implement the goals, objectives and policies of the Lee Plan while providing some degree of flexibility in planning and designing developments by:

a.

Facilitating state of the art site planning in order to improve the quality of the built environment and to ensure the most economical use of land and public resources;

b.

Stimulating, where appropriate, the integration of new development with surrounding land uses, providing for consistency and visual harmony through various techniques, including screening and buffering, sign control, architectural controls and landscape design;

c.

Encouraging multiple or mixed-use development strategies, including the use of several housing types, the provision of several uses in combination such as residential and neighborhood commercial, office and light industry, and other analogous combinations;

d.

Promoting improved and unifying design techniques that reduce dependence on vehicular movement within the development, encourage the use of joint parking and loading facilities, provide for joint access, and generally maintain adequate service and facilities while avoiding negative impacts on surrounding land use and traffic circulation;

e.

Encouraging patterns of land use that support more economical provision of infrastructure;

f.

Providing a mechanism by which the preservation or conservation of historic or natural resources and environmental amenities, including open space, may be ensured;

g.

Providing a mechanism for offsetting any increased cost of the premature commitment of capital by any public utility or service provider through developer donations and dedications of capital, through private provisions and operation of services and facilities, or through a system of impact fees;

h.

Providing a process and record on which developers, public officials, the general public and the consumers of development may rely; and

i.

Providing for the protection and preservation of historic resources through reuse, sensitive adaptive use, compatible design and rehabilitation.

Use and development regulations for Planned Development Districts are provided in Division 9 of this article.

(LDC 1994, § 34-612; Ord. No. 93-24, § 7(400.02), 9-15-1993)

(1)

Public availability. The official and current zoning maps are part of the public records. The Department of Community Development will retain a copy of the zoning maps consistent with statutory recordkeeping requirements.

(2)

Unauthorized changes to zoning maps. No one may acquire any interest or right in property or personalty from an unauthorized change in the Official Zoning Map.

(3)

Vested rights. There is no right to rely on either the official or current zoning maps to vest development or private rights. Staff members and members of the public must consult the pertinent zoning resolutions, Hearing Examiner decisions for special exceptions or variances, and administrative approvals or deviations to determine the parameters and conditions affecting the subject property.

(4)

Both the Official Zoning Map and the current zoning map are a part of this chapter as if fully described in this chapter.

(LDC 1994, § 34-613; Ord. No. 93-24, § 7(400.03), 9-15-1993; Ord. No. 98-03, § 5, 1-13-1998; Ord. No. 13-10, § 10, 5-28-2013)

(a)

Description. The boundaries of each Zoning District as they were officially adopted from 1991 through 1994 by Resolution Nos. 91-09-42, 92-03-11, 93-01-17 and 94-03-27 are designated and established on the Official Zoning Map of the County. Amendments approved by the Board of County Commissioners since the adoption of the Official Zoning Maps are shown on the current zoning map described below.

(b)

Replacement pages and new Official Zoning Maps. If a page of the Official Zoning Map becomes damaged, destroyed, lost, or it is determined an error exists in the Official Zoning Map, the current zoning map will control.

(LDC 1994, § 34-614; Zoning Ord. 1993, §§ 700, 702, 703; Ord. No. 96-06, § 5, 3-20-1996; Ord. No. 98-03, § 5, 1-13-1998; Ord. No. 13-10, § 10, 5-28-2013)

(a)

Description. The current zoning maps of the County consist of section maps depicting the same information on the Official Zoning Map as it may be subsequently modified by zoning amendments, special exceptions, variance or administrative deviations, etc. and mapping corrections since the adoption of the Official Zoning Maps. For the purposes of this section, the term "mapping corrections" means corrections applied to the current zoning map to provide an accurate reflection of the legal description attached to a duly adopted zoning resolution.

(b)

Preparation.

(1)

Current zoning maps are scaled, computer-generated maps.

(2)

Printed copies of the current zoning map that are provided as part of a public records or zoning verification letter request must contain the following statement: "This map represents the Official Zoning Map and all district boundary changes, special exceptions, zoning variances and administrative amendments approved as of (date) ________, _____."

(3)

The boundaries of each district will be shown on the current zoning map, and the district symbols will be used to designate each district.

(4)

For mapping purposes only, a zoning district boundary line may be drawn to the centerline of a street, stream or river, or to the shoreline of a stream, river or other body of water, and all existing streets or bodies of water within such district may be included within such district without delineation of the streets or bodies of water.

(5)

Official changes to the current zoning map will be entered into the computer data base in the following manner:

a.

The district boundary change will be entered into the data base and will indicate the new district designation, as well as a symbol referencing additional zoning information.

b.

The additional zoning information may include the Board of County Commissioner's resolution number, what the change of districts was and any special conditions.

(6)

All approved special exceptions or variances and all appropriate administrative approvals and deviations will be noted as follows:

a.

The property in question will be marked with a reference symbol directing the reader to additional zoning information;

b.

The additional information may include the Hearing Examiner case number, type of action taken (i.e., special exception or variance) and special conditions and the administrative approval or deviation reference number.

(LDC 1994, § 34-615; Zoning Ord. 1993, § 701; Ord. No. 96-06, § 5, 3-20-1996; Ord. No. 98-03, § 5, 1-13-1998; Ord. No. 00-14, § 5, 6-27-2000; Ord. No. 13-10, § 10, 5-28-2013)

(a)

Generally. When uncertainty exists as to the boundaries of districts of the official or current zoning map, the following rules apply:

(1)

Boundaries following centerlines. Boundaries indicated as approximately following the centerlines of streets, highways or alleys will be construed to follow such centerlines.

(2)

Boundaries following lot, section or tract lines. Boundaries indicated as approximately following lot lines, section lines or tract lines will be construed as following such lot lines.

(3)

Boundaries following municipal boundaries. Boundaries indicated as approximately following municipal boundaries will be construed as following such municipal boundaries.

(4)

Boundaries following railroad lines. Boundaries indicated as approximately following railroad lines will be construed to be the centerline of the railroad right-of-way.

(5)

Boundaries following shorelines. Boundaries indicated as approximately following the centerlines of streams, rivers or canals will be construed to follow such centerlines. Boundaries indicated as following shorelines will be construed to follow such shorelines as indicated on the aerial photography flown for the County in 1984. In the event of change in the shoreline due to natural causes, land created through accretion will automatically be classified as EC until and unless a zoning district change is applied for and approved in accordance with procedures set forth in this chapter; provided, however, that the burden of proving the extent of any accreted property will rest with the County, not the landowner.

(6)

Parallel lines. Boundaries that are approximately parallel to the centerlines or street lines of streets, the centerlines or alley lines of alleys, or the centerline or right-of-way lines of highways will be construed as being parallel thereto and at such distance therefrom as indicated on the zoning maps. If no distance is given, such dimension will be determined by the use of the scale shown on the zoning maps.

(7)

Vacated lands. Where a public road, street, alley or other form of right-of-way is officially vacated the regulations applicable to the property to which the vacated lands attach will also apply to such vacated lands.

(8)

Excluded areas.

a.

Where parcels of land and water areas have been excluded or deannexed from incorporated areas or revert to the County in any manner, such parcels will be classified as an AG-2 Zoning District unless or until rezoned pursuant to current regulations.

b.

Where land accretes through natural processes, the land will be classified as an EC Zoning District unless or until rezoned pursuant to current regulations.

(9)

Uncertainties. Where physical or cultural features existing on the ground are at variance with those shown on the official or current zoning map, or in case any other uncertainty exists as to the proper location of district boundaries, the Director will interpret the intent of the official or current zoning map as to the proper location of the district boundaries.

(b)

Property development regulations; restriction of permitted and accessory uses. When a lot is split by two or more zoning districts, the property development regulations for the largest proportional district prevail. However, permitted uses and accessory uses are restricted to the uses permitted in the respective districts.

(LDC 1994, § 34-616; Zoning Ord. 1993, § 704; Ord. No. 98-03, § 5, 1-13-1998; Ord. No. 00-14, § 5, 6-27-2000)

(a)

The 1986 zoning ordinance effective on August 1, 1986, contained a chart (Section 400.04) which converted existing zoning districts, and some select areas to the new districts incorporated in the revised ordinance. For historical purposes only, this conversion chart is retained as Subsection (d) of this section.

(b)

Upon the effective date of Ordinance No. 93-24, codified in this article, (September 27, 1993), all land then-currently zoned RM-14 was converted to RM-2.

(c)

Upon the effective date of Ordinance No. 96-17, codified in this article, (September 27, 1996), the following described land was converted from MH-1 to MHC-2.

(d)

1986 zoning district conversions.

Notes:

(1)

The following developments, legally described in the indicated zoning resolution, and currently zoned RPD, will be converted to MHPD:

a.

Del Tura, Phase II, Zoning Resolution No. ZAB 86-17.

b.

Southern Pines, Phase II, Zoning Resolution No. ZAB 86-64.

c.

Port Carlos Cove, Zoning Resolution No. ZAB 86-15.

d.

Forest Creek, Zoning Resolution No. ZAB 86-63.

(2)

Certain areas currently zoned RS-2 on Captiva Island. See Division 3, Subdivision 2 of this article.

(3)

Those lands, presently zoned C-2, which are located on Gasparilla Island between Fifth Street to the north, and Third Street to the south, and the west side of Palm Avenue to the east, and the east side of a platted alley in the center of the blocks between Gilchrist Boulevard and Park Avenue to the west.

(LDC 1994, § 34-619; Ord. No. 93-24, §§ 7(400.04), 22, 9-15-1993; Ord. No. 96-17, § 5, 9-18-1996)

The Director is authorized to determine that uses that are not specifically listed in the use activity groups or in any of the use regulation tables are permitted by right or by special exception in a particular zoning district based upon the placement of similar listed uses in the various districts.

(LDC 1994, § 34-620; Ord. No. 93-24, § 7(400.05), 9-15-1993; Ord. No. 96-06, § 5, 3-20-1996)

(a)

Applicability. No land, body of water or structure may be used or permitted to be used and no structure may hereafter be erected, constructed, moved, altered or maintained for any purpose other than as provided in the use regulation tables and in accordance with the property development regulations tables set forth in this article for the zoning district in which the property is located, except as may be specifically provided for elsewhere in this chapter.

(1)

All uses of land, water and structures are subject to the Lee Plan and therefore may not be permitted in all land use categories.

(2)

All uses of land, water and structures in the conventional zoning districts are subject to the specific use and property development regulations set forth for the district in which located, as well as all general provisions and all applicable supplemental regulations set forth in this chapter.

(b)

Use regulations tables. Divisions 2 through 9 of this article contain use regulations tables that list specific uses or use activity groups followed by a symbol indicating whether the use is permitted by right (P), special exception (SE) or by administrative approval (AA), or not permitted at all. In all instances, unless specifically noted to the contrary, the symbols used in the use regulations tables have the following meanings:

Note:

(1)

The use is limited as set forth in the referenced footnote.

(c)

Property development regulations. Divisions 2 through 9 of this article contain property development regulations tables which set forth the minimum development regulations for development of land within the specified districts.

(LDC 1994, § 34-621; Ord. No. 93-24, § 7(401), 9-15-1993; Ord. No. 96-06, § 5, 3-20-1996; Ord. No. 01-03, § 5, 2-27-2001; Ord. No. 09-23, § 10, 6-23-2009; Ord. No. 19-03, § 7, 4-2-2019)

(a)

Purpose and intent. The purpose and intent of this section is to provide a method whereby lengthy lists of use activities can be categorized into simplified groups for insertion and use in the zoning district regulations.

(b)

Applicability; interpretation of schedule.

(1)

When a particular activity group is shown as a permitted or permissible use within the use regulations of a zoning district, it will be interpreted to mean any of the uses listed under that particular use activity group in this section, unless specifically noted to the contrary.

(2)

When an individual use that is included within an activity group is listed specifically within the use regulation, it will be interpreted to mean only that use and may not be interpreted to mean other uses within the activity group in which it is located.

(3)

When a section, article or division number is indicated in parentheses following a particular activity, it is an indication that supplemental regulations affect the use, and the reader should refer to the indicated provisions.

(4)

When a number precedes or follows a use activity, it is a reference to the Standard Industrial Classification Manual, 1987 edition, and all uses listed within the SIC Code are permitted unless specifically indicated to the contrary.

(5)

Whenever a use group title includes the term "manufacturing," it will be interpreted to also include repair of the type of product contained within the listing. However, this is not to be interpreted as requiring repair establishments to be placed within one of these use groups if:

a.

No manufacturing is involved; and

b.

The repair establishment qualifies under a different use activity group or defined term.

(c)

Use activity groups. Use activity groups are as follows:

(1)

Apparel, manufacturing.

(2)

Automotive repair and service (Article VII, Division 8 of this chapter).

(3)

Banks and financial establishments.

(4)

Building materials, sales (Article VII, Division 36 of this chapter). This group includes establishments engaged in selling primarily lumber, or lumber and a general line of building materials, to the general public. While these establishments may also sell to contractors, they are known as "retail" in the trade. The lumber which they sell may include rough and dressed lumber, flooring, molding, doors, sashes, frames and other millwork. The building materials may include roofing, siding, shingles, wallboard, paint, brick, tile, cement, sand, gravel and other building materials and supplies. Hardware is often an important line of retail lumber and building materials dealers. Asphalt and concrete batch plants are specifically excluded.

(5)

Business services. Establishments primarily engaged in providing business services to other businesses or individuals not classified elsewhere in this section.

(6)

Chemicals and allied products, manufacturing.

(7)

Cleaning and maintenance services (no repairs). This group includes establishments primarily engaged in providing a service to individual homes or businesses on a contract or fee basis, and wherein the particular service is performed at the individual home or business.

(8)

Reserved.

(9)

Contractors and builders. This group includes all general, operative and special trade contractors and builders, including:

Group I. Permits offices and indoor storage facilities but specifically excludes any fabrication work or outdoor storage, other than parking of cars.

Group II. Permits offices, indoor storage and light fabrication work. Outdoor storage of materials and equipment is permitted if enclosed. Specifically prohibited is any heavy construction equipment such as cement trucks, cranes, bulldozers, well-drilling trucks and other similar heavy equipment, or wrecking or demolition debris.

Group III. Permits offices, storage (indoor or outdoor), fabrication work and outdoor storage of heavy construction equipment. Storage of wrecking debris is prohibited.

(10)

Cultural facilities. This group includes facilities of historic, educational or cultural interest.

(11)

Electrical machinery and equipment manufacturing.

(12)

Reserved.

(13)

Essential service facilities. Buildings or above-ground structures, exceeding 27 cubic feet in volume, required to provide essential services (defined in Section 34-2), including electricity, communications, telephone, cable television, gas, water, sewage, solid waste and resource recovery. This does not include wireless communication facilities which are regulated by Section 34-1441 et seq.

(14)

Fabricated metal products, manufacturing.

(15)

Food and kindred products, manufacturing.

*Not including establishments manufacturing primarily for direct retail sale on the premises to household consumers.

(16)

Food stores. This group includes retail stores primarily engaged in selling food for home preparation and consumption. This group shall not be interpreted to include establishments primarily engaged in selling prepared foods or drinks for consumption on the premises or stores primarily engaged in selling packaged beers, ales or other liquors.

(17)

Freight and cargo handling establishments. This group includes establishments primarily engaged in undertaking the packaging for, or the transportation of, freight or cargo.

(18)

Furniture and fixtures, manufacturing.

(19)

Reserved.

(20)

Health care facilities. The group includes establishments primarily engaged in furnishing medical, surgical or nursing care to persons, as well as certain related activities.

Group I. Nursing and personal care facilities. Establishments primarily engaged in providing some nursing and health-related personal care, but not continuous nursing services. These establishments have at least one shift with a licensed or registered nurse to provide routine health care and observation.

Group II. Skilled nursing care facilities, hospices. Establishments primarily engaged in providing care and treatment for patients who require continuous health care, but not hospital services. These establishments have an organized medical staff, including physician and continuous nursing services.

Group III. Outpatient care facilities. Establishments primarily engaged in outpatient care with permanent facilities and with medical staff to provide diagnosis or treatment, or both, for patients who are ambulatory and do not require inpatient care.

Group IV. Hospitals. Establishments primarily engaged in providing diagnostic services, extensive medical treatment, including surgical services, and other hospital services, as well as continuous nursing services. These establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care.

(21)

Hobby, toy and game shops. Establishments primarily engaged in the retail sale of toys, games, hobby kits and supplies, artist supplies, collectors' items, cameras, sewing and piece goods, etc.

(22)

Household and office furnishings. Establishments primarily engaged in the retail sale of household or office furniture, appliances, floor coverings and miscellaneous furnishings.

(23)

Insurance companies.

(24)

Laundry or dry cleaning. This group includes establishments primarily engaged in laundering or dry cleaning on the premises. It does not include laundry agents or coin-operated laundries classified as a personal service Group I, nor shall it include agencies which provide pickup and delivery service only, but do not perform the actual laundering or dry cleaning on the same premises.

(25)

Leather and leather products, manufacturing.

(26)

Lumber and wood products, manufacturing.

(27)

Machinery, manufacturing.

(28)

Measuring, analyzing and controlling instruments, manufacturing.

(29)

Novelties, jewelry, toys and signs, manufacturing.

(30)

Nonstore retailers.

Group I. Establishments primarily engaged in the retail sale of products by catalog, mail order, or internet.

Group II. Automatic merchandising machine operators. Office or storage facilities for establishments primarily engaged in the retail sale, or rental, of products by automatic merchandising units, also referred to as vending machines.

Group III. Direct selling establishments. Offices or storage facilities for establishments primarily engaged in the retail sale of merchandise by telephone, internet, or house-to-house canvass. Included are individuals who sell products by this method and who are not employees of the organization they represent, and establishments that are retail sales offices from which employees operate to sell merchandise from door to door.

(31)

Paper and allied products, manufacturing.

(32)

Parks. A tract of land (including customarily associated buildings and structures), designated and used for recreational purposes by the public, and which is owned or operated by the County, State or federal government.

(33)

Personal services. This major group includes establishments primarily engaged in providing services generally involving the care of the person or his apparel.

(34)

Petroleum manufacturing.

(35)

Primary metal industries, manufacturing.

(36)

Printing and publishing.

(37)

Racetracks (Article VII, Division 35 of this section).

(38)

Recreation facilities, commercial. Recreational facilities, not specifically regulated elsewhere in this Code, operated as a business and open to the public for a fee. This does not include facilities owned or operated by a government unit.

(39)

Rental or leasing establishments (Section 34-1352, Section 34-3151 and Article VII, Division 36 of this section). This group includes establishments primarily engaged in renting or leasing machinery, tools and other equipment and supplies to individuals or businesses for use off the premises. This shall not include businesses which rent items for use in conjunction with an on-premises activity such as golf carts, clubs, etc.

(40)

Repair shops. This group includes establishments primarily engaged in performing miscellaneous repair work not elsewhere grouped.

(41)

Research and development laboratories. This group includes establishments or other facilities primarily engaged in laboratory or field research and development in the natural, physical or social sciences, or engineering and development as an extension of investigation.

(42)

Residential accessory uses (Article VII, Division 2 of this section). This group includes uses customarily accessory to residences provided all property development regulations of the zoning district in which located are complied with.

(43)

Restaurants. Establishments primarily engaged in the retail sale of prepared food and drinks for consumption on the premises.

(44)

Rubber and plastics products, manufacturing.

(45)

Schools, commercial.

(46)

Social services. Establishments providing social services and rehabilitation services to persons with social or personal problems requiring special services and to the disabled and the disadvantaged.

(47)

Specialty retail shops.

(48)

Stone, clay, glass and concrete products, manufacturing.

(49)

Studios.

(50)

Textile mill products, manufacturing.

(51)

Tobacco manufacturing.

(52)

Transportation equipment, manufacturing.

(53)

Transportation services. This group includes establishments which provide land or water transportation services to individuals and in which the driver or instructor is provided by the leasing agency.

(54)

Used merchandise stores. This group includes establishments primarily engaged in the retail sale of used merchandise, antiques and secondhand goods such as clothing and shoes or furniture, musical instruments, office furniture or equipment, store fixtures and similar items. This group does not include dealers selling used motor vehicles, trailers, boats or mobile homes, which are separately grouped, nor does it include scrap, waste or junk dealers.

(55)

Vehicle and equipment dealers (Section 34-1352). This group includes establishments primarily involved in the retail sale or storage of motor vehicles, trailers, boats and other similar equipment. Incidental servicing and repairs and the stocking of replacement parts is a normal ancillary function.

Group I. Auto and truck dealers. Establishments primarily engaged in the retail sale, storage or leasing of automobiles, small trucks and vans.

Group II. Motorcycle and lawnmower dealers. Establishments primarily engaged in the retail sale of new or used lawnmowers, motorcycles, motorbikes, dune buggies, go-carts, golf carts and other similar type small vehicles.

Group III. Boat and yacht dealers. Establishments primarily engaged in the retail sale of new or used motorboats, yachts and other watercraft, including boat trailers.

Group IV. Recreational vehicle/bus dealers. Establishments primarily engaged in the retail sale of new or used recreational vehicles or campers, or utility trailers.

Group V. Construction equipment dealers. Establishments primarily engaged in the retail sale of large trucks, bulldozing cranes, semitrailers, earthmovers and other similar large transportation, construction or hauling equipment.

(56)

Wholesale establishments. This group includes establishments or places of business primarily engaged in selling merchandise to retailers, to industrial, commercial, institutional or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.

Group I. Farm produce. Establishments primarily engaged in buying or marketing farm produce other than livestock.

Group II. Livestock. Establishments primarily engaged in buying or marketing livestock.

Group III. Indoor storage. Establishments primarily engaged in buying or selling, on a wholesale basis, durable or nondurable goods and petroleum and petroleum products (SIC 5172), excluding hazardous chemicals, petroleum products not specified herein, or explosives which are stored totally within a building.

Group IV. Open storage. Establishments primarily engaged in buying or selling, on a wholesale basis, durable or nondurable goods, excluding hazardous chemicals, petroleum products or explosives, which because of their size are normally stored out-of-doors or under a roofed shed.

(LDC 1994, § 34-622; Zoning Ord. 1993, § 1001; Ord. No. 93-24, § 21, 9-15-1993; Ord. No. 94-24, § 22, 8-31-1994; Ord. No. 96-06, § 5, 3-20-1996; Ord. No. 98-03, § 5, 1-13-1998; Ord. No. 00-14, § 5, 6-27-2000; Ord. No. 03-11, § 1, 4-8-2003; Ord. No. 03-16, § 6, 6-24-2003; Ord. No. 04-05, § 1, 4-27-2004; Ord. No. 05-14, § 6, 8-23-2005; Ord. No. 07-24, § 7, 8-14-2007; Ord. No. 09-23, § 10, 6-23-2009; Ord. No. 11-08, § 10, 8-9-2011; Ord. No. 12-20, § 4, 9-11-2012; Ord. No. 13-10, § 10, 5-28-2013; Ord. No. 14-13, § 7, 6-17-2014; Ord. No. 16-19, § 10, 11-15-2016; Ord. No. 21-08, § 9, 6-1-2021; Ord. No. 25-12, § 2, 6-17-2025; Ord. No. 25-18, § 2, 9-16-2025)

All uses and activities permitted by right, special exception or temporary permit in any zoning district, including planned development and PUD Districts, must be constructed, maintained, placed, conducted, and operated so as to:

(1)

Comply with all local, State, and federal air, noise, and water pollution standards; and

(2)

Not adversely impact water quality and water needs.

(LDC 1994, § 34-623; Zoning Ord. 1993, § 202.17; Ord. No. 96-06, § 5, 3-20-1996; Ord. No. 99-22, § 3, 12-14-1999)

All uses and activities permitted by right, special exception or temporary permit in any zoning district, including planned development and PUD Districts, must be constructed, maintained, placed, conducted, and operated so as to:

(1)

Not be injurious or offensive and thereby constitute a nuisance to owners or occupants of adjacent premises, nearby residents, or to the community, by reason of the emission or creation of noise, vibration, smoke, dust or other particulate matter, toxic or noxious waste materials, odors, fire or explosive hazard, light pollution, or glare;

(2)

Not cause light from a point source of light to be directed, reflected, or refracted beyond the boundary of the parcel or lot, onto adjacent or nearby residentially zoned or used property or onto any public right-of-way, and thereby constitute a nuisance to owners or occupants of adjacent premises, nearby residents, or to the community; and

(3)

Ensure all point sources of light and all other devices for producing artificial light are shielded, filtered, or directed in such a manner as to not cause light trespass.

(LDC 1994, § 34-624; Ord. No. 99-22, § 3, 12-14-1999; Ord. No. 03-16, § 6, 6-24-2003)

Editor's note— Ord. No. 26-07, § 5, adopted June 16, 2026, repealed § 34-625, which pertained to outdoor lighting standards and derived from LDC 1994, § 34-625; Ord. No. 03-16, § 6, adopted June 24, 2003; Ord. No. 13-10, § 10, adopted May 28, 2013; Ord. No. 16-19, § 10, adopted Nov. 15, 2016; Ord. No. 19-03, § 7, adopted April, 2, 2019.

(a)

Request. Zoning verification letters (ZVL) may be requested from the Director by an individual who is seeking verification of the zoning status of a specific parcel of land. The request must provide sufficient information to identify the property and the information the requestor seeks to verify. The request must be submitted in writing and be accompanied by the required administrative fee. If the request covers multiple parcels, the Director may treat each parcel as a separate request and may result in additional fees. The requestor is solely responsible for the accuracy of the information provided to the County within the request. The procedures established under this section will also apply to any request for zoning review or verification provided to facilitate licensure or approval through a federal or State agency.

(b)

Duration. There is no specific expiration date for a ZVL. However, County zoning regulations are continually under review and may change at any time. ZVL determinations are subject to changes in County regulations adopted after the issuance of the letter. Determinations provided in a ZVL may be superseded if not in conformance with the current regulations at the time of permit application. Before relying on a ZVL, an individual must ensure that all applicable rules, regulations, and circumstances have not changed subsequent to the issuance of the ZVL.

(c)

Content. A ZVL provided by the County may contain the following information:

(1)

The future land use designation of the property.

(2)

The zoning district of the property.

(3)

Verification that a particular use is permitted within the property's zoning district.

(4)

A list of permitted uses in the zoning district.

(5)

Identification of current zoning resolutions, special exceptions, variances, and deviations that apply to the property.

(6)

The development regulations applicable to the property.

(7)

Zoning action needed to permit a particular use.

(8)

Identification of any current Notice of Violations issued for code enforcement violations on the subject property.

(d)

Limitations. The ZVL is limited in the following manner:

(1)

The determinations set forth in Subsection (c) of this section are the only information that a ZVL may address.

(2)

In preparing a ZVL, the Director must review the request based upon current regulations and the current state of the property. The ZVL may not be based on conjecture, supposition, or speculation.

(3)

ZVLs must apply the plain meaning of the applicable regulations.

(4)

A ZVL may not address whether existing development on the property conforms to current Code requirements.

(5)

ZVLs may not provide legal opinions or advice.

(6)

The submission of sample letters with desired format or content is not permitted.

(e)

Errors, misleading information or noncompliance. If the County determines that a ZVL was based on inaccurate or misleading information or if the ZVL does not comply with this Code, then, at any time, the Director may issue a modified ZVL that complies with the Code or revoke the ZVL. No refunds will be provided.

(f)

Effect of a zoning verification letter. A ZVL does not authorize development activity.

(g)

Review. The determinations made within a ZVL are not subject to appeal.

(LDC 1994, § 34-626; Ord. No. 11-08, § 10, 8-9-2011; Ord. No. 19-03, § 7, 4-2-2019)

The purpose of the agricultural districts is:

(1)

To provide areas for the establishment or continuation of agricultural operations, with residential uses being permitted as ancillary to agricultural uses; and

(2)

To accommodate those individuals who understand and desire to live in an agricultural environment.

(LDC 1994, § 34-651; Ord. No. 93-24, § 7(410.01), 9-15-1993; Ord. No. 10-25, § 4, 6-8-2010; Ord. No. 17-11, § 1, 9-5-2017)

No land, body of water or structure may be used or permitted to be used and no structure may hereafter be erected, constructed, moved, altered or maintained in the AG Districts for any purpose other than as provided in Section 34-653, pertaining to use regulations for Agricultural Districts, and Section 34-654, pertaining to property development regulations for agricultural districts, except as may be specifically provided for in Article VIII of this chapter, or in Section 34-620. In the event of conflict between the provisions of this division and the requirements of F.S. § 604.50, the requirements of F.S. § 604.50 shall prevail.

(LDC 1994, § 34-652; Ord. No. 93-24, § 7(410.02), 9-15-1993; Ord. No. 98-11, § 5, 6-23-1998; Ord. No. 10-25, § 4, 6-8-2010; Ord. No. 17-11, § 1, 9-5-2017; Ord. No. 21-08, § 9, 6-1-2021)

Use regulations for agricultural districts are as follows:

TABLE 34-653. USE REGULATIONS FOR AGRICULTURAL DISTRICTS

Notes:

(1)

Any expansion which will bring the number of beds to 50 or more requires a special exception.

(2)

Any lot created in the rural community preserve land use category (as delineated by Policy 20.1.3 of the Lee Plan) after July 9, 1991, must have a minimum area of 43,560 square feet excluding all street rights-of-way or easement areas, water management areas, and natural water bodies. Public utility easement areas may be included in the lot size calculation.

(3)

Limited to uses and buildings customarily incidental to agricultural uses, including the processing and packaging of agricultural products primarily grown on the premises.

(4)

Mobile home permitted, provided it is the only residential unit on the property; and provided, further, that the property meets the same lot area and dimensions, setbacks, height and maximum lot coverage as set forth in Table 34-654 for the AG-1 District.

(5)

Only permitted in compliance with Section 34-1180.

(6)

Expansion of facility to ten or more acres requires a special exception.

(7)

Any new facility of ten or more acres or any expansion of an existing facility to ten or more acres requires a special exception.

(8)

Any new facility of 50 or more beds, or any expansion of an existing facility which will bring the number of beds to 50 or more or which changes the use, requires a special exception.

(9)

Recreational halls require a special exception approval.

(10)

Limited to passive and active recreational and educational activities, including, but not limited to, hiking and nature trails, paintball and gun ranges, zip lining, paragliding, and similar activities where little or no on-site facilities or capital investment are required, and the natural environment, with little or no alteration of the nature landscape, is utilized.

(11)

Not permitted in Coastal High Hazard areas unless in compliance with Section 2-485(b)(5)a.

(12)

The keeping of ostrich, cassowary, rhea, or emu for the production of meat, skins, or hides, feathers, or the progeny thereof, as part of a bona fide agricultural operation does not require a special exception.

(13)

Family day care homes are exempt pursuant to F.S. § 125.0109.

(14)

Noncommercial only.

(15)

A day care center, owned by the entity with title to the place of worship, that is operated within the building housing the place of worship is not required to obtain special exception approval.

(16)

Not permitted in Airport Noise Zone B.

(17)

Not permitted in Airport Noise Zone B. See Section 34-1003 for exceptions.

(18)

Only when accessory to an agritourism activity permitted in accordance with Section 34-1711.

(19)

Not permitted in Airport Noise Zone B unless accessory to a lawful mobile home or single-family residence. See Section 34-1003.

(20)

Not permitted in Airport Noise Zone B. Housing units consisting of mobile homes or park trailers are also not permitted in Airport Noise Zone B.

(21)

Not permitted in Airport Noise Zone B unless pre-empted by State law.

(22)

Not permitted in Airport Noise Zones B unless required to support a noise compatible use and constructed in compliance with limitations for dwelling unit type set forth in Section 34-1003 as applicable.

(23)

Minimum of five acres required. Commercial site location and design standards apply.

(24)

The rights applicable to mining excavations approved prior to September 1, 2008, are set forth in Section 12-121.

(25)

Only in conjunction with a bona fide agricultural use.

(26)

Minimum property size for a picnic pavilion is ten acres. Structure is limited to 1,000 square feet with less than 100 square feet for an enclosed bathroom.

(LDC 1994, § 34-653; Ord. No. 93-24, § 7(table 410.A), 9-15-1993; Ord. No. 94-02, § 6, 1-19-1994; Ord. No. 94-24, § 49, 8-31-1994; Ord. No. 95-07, § 35, 5-17-1995; Ord. No. 96-06, § 5, 3-20-1996; Ord. No. 96-17, § 5, 9-18-1996; Ord. No. 97-10, § 6, 6-10-1997; Ord. No. 98-03, § 5, 1-13-1998; Ord. No. 00-14, § 5, 6-27-2000; Ord. No. 01-03, § 5, 2-27-2001; Ord. No. 01-18, § 5, 11-13-2001; Ord. No. 02-20, § 5, 6-25-2002; Ord. No. 03-11, § 1, 4-8-2003; Ord. No. 03-16, § 6, 6-24-2003; Ord. No. 05-14, § 6, 8-23-2005; Ord. No. 06-06, § 1, 4-11-2006; Ord. No. 07-24, § 7, 8-14-2007; Ord. No. 08-21, § 3, 9-9-2008; Ord. No. 09-23, § 10, 6-23-2009; Ord. No. 10-25, § 4, 6-8-2010; Ord. No. 11-08, § 10, 8-9-2011; Ord. No. 12-01, § 6, 1-10-2012; Ord. No. 13-10, § 10, 5-28-2013; Ord. No. 15-11, § 1, 6-16-2015; Ord. No. 17-11, § 1, 9-5-2017; Ord. No. 19-03, § 7, 4-2-2019; Ord. No. 24-14, § 8, 10-1-2024; Ord. No. 25-12, § 2, 6-17-2025)

Property development regulations for agricultural districts are as follows:

Table 34-654. Property Development Regulations for Agricultural Districts

Notes:

(1)

Certain projects in agricultural districts may fall within the DR/GR land use category. In such areas, additional density and use restrictions are applicable as provided in the Lee Plan and this Code (e.g., Section 34-653). New residential uses are limited to a maximum density of one dwelling unit per ten acres; however, individual residential parcels may contain up to two acres of wetlands without losing the right to have a dwelling unit, provided that no alterations are made to those wetlands.

(2)

Any lot created in the rural community preserve land use category (as delineated by Policy 20.1.3 of the Lee Plan) after July 9, 1991, must have a minimum area of 43,560 square feet excluding all street rights-of-way.

(3)

Modifications to required setbacks for collector or arterial streets, or for solar or wind energy purposes, are permitted only by variance. See Section 34-2191 et seq.

(4)

Special street setback provisions apply to portions of Colonial Boulevard and Daniels Road. Refer to Section 34-2192(b)(3) and (4).

(5)

For nonconforming lots, as defined in Section 34-3271, the maximum lot coverage will be 40 percent.

(LDC 1994, § 34-654; Ord. No. 93-24, § 7(table 410.B), 9-15-1993; Ord. No. 94-24, § 50, 8-31-1994; Ord. No. 95-07, § 36, 5-17-1995; Ord. No. 96-06, § 5, 3-20-1996; Ord. No. 96-17, § 5, 9-18-1996; Ord. No. 97-10, § 6, 6-10-1997; Ord. No. 07-19, § 6, 5-29-2007; Ord. No. 10-25, § 4, 6-8-2010; Ord. No. 17-11, § 1, 9-5-2017; Ord. No. 24-14, § 8, 10-1-2024)

(a)

The recreational vehicle park districts apply to all existing recreational vehicle parks (df).

(b)

All new recreational vehicle development and all expansions to existing (df) recreational vehicle developments will be permitted only as a planned development (see Division 9 of this article).

(c)

Any lawfully existing recreational vehicle development that cannot conform to any of the conventional recreational vehicle districts set forth in this division may apply for a recreational vehicle planned development so as to resolve issues of nonconformity on a development-wide rather than on an individual basis.

(LDC 1994, § 34-761; Ord. No. 14-13, § 7, 6-17-2014)

The use of a recreational vehicle type unit by a "permanent resident" as a "permanent residence," as those terms are defined in F.S. Ch. 196, is expressly prohibited. Persons who have established permanent residency within a recreational vehicle park as of September 16, 1985, are exempt from the residency provisions of this section, provided that the proof of residency was established by an affidavit filed with the County prior to October 31, 1985.

(LDC 1994, § 34-762; Ord. No. 14-13, § 7, 6-17-2014)

(a)

Tiedowns.

(1)

The following recreational vehicles must be properly tied down in accordance with the standards set forth in F.A.C. Ch. 15C-1, as amended, or Chapter 6, Article IV, whichever is applicable, as follows:

a.

All permanent units, as defined in section 34-2.

b.

All travel trailers, motor homes or camping trailers left unattended for more than two weeks during the months of June through December. For the purposes of this section only, the term "unattended" will be interpreted to mean that the owner of the unit has not provided for a person to be responsible for the unit in the event of a hurricane watch alert as set forth in Subsection (a)(2) of this section.

(2)

All travel trailers, motor homes or camping trailers must be tied down within 48 hours of the issuance of a hurricane watch for the County by the National Hurricane Center. Travel trailers, motor homes or camping trailers not tied down will be removed from the County within 48 hours of such a hurricane watch or placed within an approved off-lot storage area.

(LDC 1994, § 34-763; Ord. No. 14-13, § 7, 6-17-2014; Ord. No. 24-14, § 8, 10-1-2024)

Additions to recreational vehicles, including utility rooms and enclosures, may be permitted in nontransient parks on permanent units provided:

(1)

The individual recreational vehicle site meets or exceeds the minimum required lot size set forth in this division.

(2)

The total floor area of additions, excluding open decks and stair landings, does not exceed the total floor area of the recreational vehicle.

(3)

The maximum height of additions does not exceed one story or the height of the recreational vehicle, whichever is less.

(4)

Open decks, up to 120 square feet in area, may be permitted provided all setback requirements are met. Stair landings incorporated into a deck must be included in the square footage of the deck. The deck may be enclosed with screen (no other material) and covered with a metal pan roof.

(5)

Stair or stair landings attached to an addition and not incorporated into an open deck may be permitted to encroach three feet into the side and rear setbacks. Stair landings may not exceed 18 square feet in area.

(6)

Utility rooms and enclosures must be in compliance with the regulations set forth in Section 34-768 and be no closer than ten feet to another recreational vehicle, utility room or enclosure.

(LDC 1994, § 34-764; Ord. No. 93-24, § 7(431.04(E)), 9-15-1993; Ord. No. 96-17, § 5, 9-18-1996; Ord. No. 05-14, § 6, 8-23-2005; Ord. No. 14-13, § 7, 6-17-2014)

Off-lot storage facilities for recreational vehicles from within the development will be allowed for periods of nonoccupancy in recreational vehicle developments. All off-lot storage facilities must comply with the following:

a.

A continuous visual screen of at least eight feet in height along any lot line abutting a residential use under separate ownership, and along any street right-of-way must be provided.

b.

The area of the off-lot storage is limited to ten percent of the total area of the recreational vehicle park.

c.

All other applicable regulations contained in this chapter.

(LDC 1994, § 34-765; Ord. No. 93-24, § 7(431.04(F)), 9-15-1993; Ord. No. 14-13, § 7, 6-17-2014)

(a)

Excluded areas. Camping cabins are not permitted on barrier islands or in coastal high-hazard areas (V-Zones) as designated on the adopted Flood Insurance Rate Maps (FIRM) for the County.

(b)

Development standards. To further promote recreational camping within recreational vehicle zoned districts, the development of camping cabins is permitted subject to the following:

(1)

One camping cabin is permitted per recreational vehicle lot or site;

(2)

The maximum number of camping cabins permitted in a recreational vehicle park shall be ten percent of the total approved recreational vehicle lots or sites or 20 cabins, whichever is less;

(3)

The maximum floor area is 350 square feet, including any open decks or screened enclosures;

(4)

Camping cabins must be constructed to resemble natural wood materials, such as logs;

(5)

If electrical fixtures and receptacles are required, they shall be limited to a maximum of two 110/115 volt receptacles, one overhead light per room and one porch light;

(6)

No internal water, cooking or bathroom facilities are permitted;

(7)

Camping cabins shall be located in a compliance with the property development regulations for the conventional or recreational vehicle Planned Development District in which they are located;

(8)

Camping cabins, where permitted, shall comply with all applicable County Building Code regulations; and

(9)

Occupancy by the same party is limited to a maximum of 30 consecutive days.

(LDC 1994, § 34-766; Ord. No. 93-24, § 7(431.04(G)), 9-15-1993; Ord. No. 14-13, § 7, 6-17-2014)

Use regulations for recreational vehicle districts are as follows:

Table 34-767. Use Regulations for Recreational Vehicle Districts

Notes:

(1)

The listed commercial uses are limited to the extent that they are designed and intended primarily for the use of those staying at the RV park. The total land area for all commercial uses shall not exceed ten percent of the total land area of the RV park.

(2)

Use is permitted only when within a conventional building.

(3)

Real estate sales are limited to sales of lots or units within the development, except as may be permitted in Section 34-1951 et seq. The location of, and approval for, the real estate sales office will be valid for a period of time not exceeding three years from the date the Certificate of Occupancy for the sales office is issued. The Director may grant one two-year extension. Additional time will require a new special exception approval.

(4)

A day care center, owned by the entity with title to the place of worship that is operated within the building housing the place of worship, is not required to obtain special exception approval.

(5)

Not permitted in Airport Noise Zone B.

(6)

Family day care homes are exempt pursuant to F.S. § 125.0109.

(LDC 1994, § 34-767; Ord. No. 93-24, § 7(table 431.A), 9-15-1993; Ord. No. 94-24, § 49, 8-31-1994; Ord. No. 96-06, § 5, 3-20-1996; Ord. No. 96-17, § 5, 9-18-1996; Ord. No. 97-10, § 6, 6-10-1997; Ord. No. 98-03, § 5, 1-13-1998; Ord. No. 00-14, § 5, 6-27-2000; Ord. No. 01-03, § 5, 2-27-2001; Ord. No. 02-20, § 5, 6-25-2002; Ord. No. 03-11, § 1, 4-8-2003; Ord. No. 05-14, § 6, 8-23-2005; Ord. No. 09-23, § 10, 6-23-2009; Ord. No. 10-24, § 1, 6-8-2010; Ord. No. 11-08, § 10, 8-9-2011; Ord. No. 13-10, § 10, 5-28-2013; Ord. No. 14-13, § 7, 6-17-2014; Ord. No. 19-03, § 7, 4-2-2019; Ord. No. 20-01, § 3, 1-21-2020)

Property development regulations for recreational vehicle districts are as follows:

Table 34-768. Property Development Regulations for Recreational Vehicle Districts

Notes:

(1)

The lot area may include one-half of the abutting internal access road.

(2)

Modifications to required setbacks for collector or arterial streets are permitted only by variance. See Section 34-2191 et seq.

(3)

Modifications to setbacks for solar or wind energy purposes are permitted only by special exception. See Section 34-2191 et seq.

(4)

No recreational vehicle or enclosed appurtenance thereto shall be placed closer than 25 feet to any common use accessory building.

(5)

No recreational vehicle or enclosed appurtenance shall be placed closer to a park perimeter boundary, or to a park building, or to another recreational vehicle or enclosed appurtenance thereto under separate ownership, than ten feet.

(6)

A roof overhang or eave may encroach into the required ten-foot separation provided the encroachment is 12 inches or less.

(7)

Minimum setback is 15 feet unless adjacent to another park, in which case the setbacks for side, rear or street setback will apply as applicable.

(8)

All parks must provide an open space not less than 40 feet wide adjacent to and completely around the boundary of the site except for portions abutting land zoned RV, RVPD, or MH. No roads shall be placed within the 40-foot open space.

(9)

Internal streets are required to provide a minimum paved width of 20 feet. Setback shall be measured from the edge of the 20-foot pavement.

(10)

Maximum lot coverage for a recreation vehicle and appurtenances thereto, including any carport and/or storage shed, may not exceed the maximum coverage permitted in the district in which the site is located.

(11)

Minimum separation of ten feet between units in situations where units are not centered on lots.

(12)

Bonita Beach, Captiva, San Carlos Island, Gasparilla Island conservation district, Greater Pine Island and areas within the airport hazard zone have special height limitations (see Section 34-2175).

(13)

All parks must provide a vegetative visual screen within a minimum height of eight feet within the 40-foot open space completely around the site of a park or any addition thereto developed after 1978.

(LDC 1994, § 34-768; Ord. No. 93-24, § 7(table 431.B), 9-15-1993; Ord. No. 94-24, § 50, 8-31-1994; Ord. No. 96-06, § 5, 3-20-1996; Ord. No. 14-13, § 7, 6-17-2014; Ord. No. 19-03, § 7, 4-2-2019)

Use regulations for the community facilities districts are as follows:

Table 34-813. Use Regulations for Community Facilities Districts

Notes:

(1)

New facilities of 50 or more beds, or the expansion of an existing facility that will bring the number of beds to 50 or more, or which changes the use, must request a special exception.

(2)

Except for government owned and operated parks (Section 34-622(c)(32)), facilities proposed for ten or more acres or the expansion of an existing facility that will bring the number of acres to ten or more acres or that changes the use, must request a special exception.

(3)

Permitted only when clearly subordinate to the permitted use of the property and when conducted wholly within the principal building.

(4)

Family day care homes are exempt pursuant to F.S. § 125.0109.

(5)

Art galleries are permitted as noncommercial only. Animal or reptile exhibits, aquariums, planetaria, and zoos require approval by special exception.

(6)

A day care center, owned by the entity with title to the place of worship, that is operated within the building housing the place of worship is not required to obtain special exception approval.

(7)

Not permitted in Airport Noise Zone B.

(8)

Temporary use permits are not required when the temporary use is accessory to the principal use of the structure or premises. See Use, accessory definition in Section 34-2.

(9)

Not permitted in Airport Noise Zones B unless required to support a noise compatible use and constructed in compliance with limitations for dwelling unit type set forth in Section 34-1003(b)(2) as applicable.

(10)

Not permitted in Coastal High Hazard areas unless in compliance with Section 2-485(b)(5)a.

(11)

Not permitted in Airport Noise Zone B unless pre-empted by State law.

(12)

Limited to indoor gun range owned or operated by a government agency.

(LDC 1994, § 34-813; Ord. No. 93-24, § 7(table 440.A), 9-15-1993; Ord. No. 94-24, § 49, 8-31-1994; Ord. No. 96-06, § 5, 3-20-1996; Ord. No. 96-17, § 5, 9-18-1996; Ord. No. 97-10, § 6, 6-10-1997; Ord. No. 98-03, § 5, 1-13-1998; Ord. No. 00-14, § 5, 6-27-2000; Ord. No. 01-18, § 5, 11-13-2001; Ord. No. 02-20, § 5, 6-25-2002; Ord. No. 03-11, § 1, 4-8-2003; Ord. No. 05-14, § 6, 8-23-2005; Ord. No. 07-24, § 7, 8-14-2007; Ord. No. 09-23, § 10, 6-23-2009; Ord. No. 11-08, § 10, 8-9-2011; Ord. No. 13-10, § 10, 5-28-2013; Ord. No. 14-13, § 7, 6-17-2014; Ord. No. 16-19, § 10, 11-15-2016; Ord. No. 19-03, § 7, 4-2-2019)

Property development regulations for the community facilities districts are as follows:

Table 34-814. Property Development Regulations for Community Facilities Districts

Notes:

(1)

Modifications to required setbacks for collector or arterial streets are permitted only by variance. Modifications for solar or wind energy purposes, are permitted only by special exception. See Section 34-2191 et seq.

(2)

Special street setback provisions apply to portions of Colonial Boulevard and Daniels Parkway. Refer to Section 34-2192(b)(3) and (4).

(3)

Bonita Beach, Captiva, San Carlos Island, Gasparilla Island conservation district, Greater Pine Island and areas within the airport hazard zone have special limitations (see Section 34-2175).

(LDC 1994, § 34-814; Ord. No. 93-24, § 7(table 440.B), 9-15-1993; Ord. No. 94-24, § 50, 8-31-1994; Ord. No. 96-06, § 5, 3-20-1996; Ord. No. 97-10, § 6, 6-10-1997; Ord. No. 14-13, § 7, 6-17-2014; Ord. No. 19-03, § 7, 4-2-2019)

(a)

Generally. The purpose and intent of the conventional commercial districts is to regulate the continuance of certain land uses and structures lawfully existing as of August 1, 1986, which were originally permitted by the County Zoning Regulations of 1962, as amended, or 1978, as amended, and to encourage and guide new commercial development in accordance with the goals, objectives and policies set forth in the Lee Plan. Commercial development shall be permitted primarily in the future urban areas where requisite infrastructure exists or can feasibly be extended. Some limited commercial activities will be permitted in the nonurban areas to serve rural residents. Subsequent to August 1, 1986, with the exception of rezonings to recognize and accommodate existing developments, no parcel of land of ten or more acres in size shall be rezoned to any of the conventional commercial districts.

(b)

C-1A, C-1 and C-2 Commercial Districts. The purpose and intent of the C-1A, C-1 and C-2 Districts is to regulate the continuance of commercial and select residential land uses and structures lawfully existing in the C-1A, C-1 and C-2 Districts as of August 1, 1986, and as originally permitted by the County Zoning Regulations of 1962, as amended, and 1978, as amended, respectively. Subsequent to February 4, 1978, no land or water shall be rezoned into the C-1A, C-1 or C-2 Districts, unless located within the Mixed-Use Overlay as identified on Lee Plan Map 1-C. In no case shall new development be permitted in any existing C-1A, C-1 or C-2 District which is not consistent with the Lee Plan.

(c)

C-2A Commercial District. The purpose and intent of the C-2A District is to recognize and provide for the continuation of most commercial and residential uses as set forth in the C-2 Zoning District use regulations but prohibiting the industrial and manufacturing uses permitted by the C-2 District. This district is not available to landowners through normal procedures but shall be used only by the Board of County Commissioners on its own initiative to achieve the purpose stated in this subsection.

(d)

CN-1 Neighborhood Commercial District. The purpose and intent of the CN-1 District is to permit the designation of suitable locations for small-scale commercial facilities within or adjacent to areas or neighborhoods which are essentially residential in nature, and to facilitate their proper development and use. It is anticipated that locating small retail and service establishments in close proximity to low- to moderate-density residential land uses will encourage pedestrian activity and otherwise reduce the number and length of automobile trips, as well as providing increased convenience to all users. It is further intended that substantial buffering and other design techniques will be used to prevent negative impacts on nearby or adjacent residential or lower-intensity land uses.

(e)

CN-2 Neighborhood Commercial District. The purpose and intent of the CN-2 District is to permit the designation of suitable locations for consumer-oriented commercial facilities of moderate scale, including neighborhood shopping centers, and to facilitate their proper development and use. The facilities include the functions of CN-1 commercial places, but the greater floor area and the broader mix of goods and services available results in a wider market or service area, a larger population served, and a greater impact on surrounding land uses. The primary uses provided for include retail trade in food, drugs, sundries, hardware and similar items, and the provision of personal services.

(f)

CN-3 Neighborhood Commercial District. The purpose and intent of the CN-3 District is to permit the designation of suitable intersection locations for a broad range of small-scale retail, office and personal service facilities adjacent to and within future residential neighborhoods without the need to obtain CPD (Commercial Planned Development) zoning. This District is especially suited to those portions of Lehigh Acres that meet the criteria found in Lee Plan Policy 25.6.2. To protect the residential character of adjoining neighborhoods, certain potentially incompatible uses such as, but not limited to, convenience stores and fuel pumps are prohibited in the CN-3 District. Hours of operation for permitted uses are restricted to minimize nighttime operations.

(g)

CC Community Commercial District. The purpose and intent of the CC District is to permit the designation of suitable locations for medium- to large-scale consumer-oriented commercial facilities, particularly for multiple-occupancy complexes known as community or regional shopping centers, and to facilitate their proper development and use. In addition to the retail sale of consumer goods, this District is intended to permit a wide range of services, financial and other, including business and professional offices, all arranged in discrete commercial centers or evolving business districts. Such centers or districts differ from neighborhood commercial facilities in concentrating a greater floor area of use and a broader mix of goods and services in order to serve a wider market or service area and a larger population. This is expected to create greater impact on surrounding land uses and therefore require buffering and designed gradients of intensity adjacent to less intense uses.

(h)

CG General Commercial District. The purpose and intent of the CG District is to permit the designation of suitable locations for and to facilitate the proper development and use of consumer-oriented commercial facilities which are of a type or scale which are not suited for and do not generally seek locations in neighborhood, community or regional shopping centers. Such uses frequently consist of a single principal building containing sales, administration, repair services or manufacture; often rely on large ground areas for storage or display of goods; and are relatively insensitive to the impacts of adjacent land uses while generating substantial impacts on their neighbors. High visual exposure and easy accessibility, usually from arterial roads or suburban highways, are important.

(i)

CS-1 Special Commercial Office District. The purpose and intent of the CS-1 District is to permit the designation of suitable locations for and to facilitate the proper development and use of land for standard office space for various purposes, and a minimum level of retail sales and personal services required to provide convenient access to goods and services for the workforce and clientage. While it is recognized that such uses will demand easy access from arterial or high-volume collector roads, this District is intended to be used to separate and buffer residential and other low- or medium-intensity land uses, such as schools or parks, from higher-intensity commercial and light industrial land uses.

(j)

CS-2 Special Commercial Office District. The purpose and intent of the CS-2 District is to permit the designation of suitable locations for the proper development of standard office space for various purposes, as well as a number of other low-impact uses that can be allowed by special exception in particular circumstances. This District is intended to be used to separate and buffer residential and other low- or medium-intensity land uses, such as schools or parks, from higher-intensity commercial and light industrial land uses.

(k)

CH Highway Commercial District. The purpose and intent of the CH District is to permit the designation of suitable locations for and to facilitate the proper development and use of land for the commercial provision of services and goods to the public using the major through highways of the County. Such uses require high visual exposure and ready access from major roads. The market of such uses is presumed to be made up of transient visitors rather than residents or long-term visitors to the County.

(l)

CT Tourist Commercial District. The purpose and intent of the CT District is to permit the designation of suitable locations for and to facilitate the proper development and use of land for the commercial provision of accommodations and services for tourists and other visitors and short-term or seasonal residents. The term "accommodations," as used in this subsection, is intended to include housing, various amenities including recreational facilities, and local retail trade in goods and service, both general and specific to the locality or attractor or principal activities. Areas designated tourist commercial are expected to be located near or adjacent to an attractor of tourism such as gulf beach frontage, theme parks, major public or private parks and other recreational or scenic resources.

(m)

CP Commercial Parking District. The purpose and intent of the CP District is to facilitate the provision of automobile parking subordinate to other land uses on other parcels of land where it is not appropriate to permit the full range of uses allowed by the zoning district under which the principal use is allowed.

(n)

CI Intensive Commercial District. The purpose and intent of the CI District is to permit the designation of suitable locations for and to facilitate the proper development and use of land for those commercial activities which are like or which have many of the same needs as industrial land uses. Intensive commercial land uses are generally services, particularly warehousing, distribution and transportation of goods. However, in type and size of buildings, relation to modes of transportation, and demands on various services, they are often indistinguishable from industrial land uses. The CI District is and is intended to be intermediate between consumer-oriented commercial and light industrial uses.

(o)

CR Rural Commercial District. The purpose and intent of the CR District is to designate and to facilitate the proper development and use of land for limited commercial purposes in the nonurban areas of the County. In addition to the neighborhood scale provision of basic goods and services, it is the intent that the Rural Commercial District be used to provide other goods and services, specific to rural productive activities, such as farming or ranching, and for the rural lifestyle in general. The standard of physical development must be or closely approximate that of a minor commercial development as set forth in Standard 6.1.2 of the Lee Plan.

(LDC 1994, § 34-841; Ord. No. 93-24, § 7(450.01), 9-15-1993; Ord. No. 96-17, § 5, 9-18-1996; Ord. No. 01-03, § 5, 2-27-2001; Ord. No. 09-23, § 10, 6-23-2009; Ord. No. 17-11, § 1, 9-5-2017; Ord. No. 19-03, § 7, 4-2-2019; Ord. No. 21-08, § 9, 6-1-2021; Ord. No. 24-14, § 8, 10-1-2024)

As an alternative to developing in accordance with Section 34-845, property zoned C-1A, C-1, and C-2, may be developed with duplexes, two-family attached units (where permitted by Section 34-844), and townhouses on lots with a minimum lot area of 2,400 square feet per lot without compliance with minimum lot width, lot depth, side setback requirements or the requirement that lots must abut streets in Section 10-291(2); provided the following conditions are met:

(1)

The overall parcel on which the lots are developed must comply with all lot coverage, area, width, and depth requirements for the district in which located;

(2)

The overall parcel on which the lots are developed complies with Section 10-291;

(3)

All structures must comply with setbacks for the district in which located, as measured from the boundary of the overall parcel;

(4)

All structures must comply with street, rear, and water body setbacks for the district in which located, with the rear setback measured from individual lot lines;

(5)

All structures which exceed the maximum height requirements of the district in which located must comply with the additional setbacks specified in Article VII, Division 30, Subdivision II of this chapter, as measured from the overall parcel boundary;

(6)

The applicant must provide adequate assurance that all areas of the overall parcel which are not developed as individual lots will remain and be maintained as common areas by an appropriate property owners' association. Such assurance may be provided in the form of maintenance and access easements or other documents or combination of documents satisfactory to the County Attorney to ensure the common areas are perpetually maintained and the common infrastructure is available for the property owners within the development; and

(7)

This section may not be utilized to authorize the subdivision of a parent parcel. subdivision of a parent parcel must meet the requirements of Chapter 10 (either through an approved lot split, plat, or replat).

(LDC 1994, § 34-842; Ord. No. 13-10, § 10, 5-28-2013)

Editor's note— Ordinance No. 13-10, § 10, adopted May 28, 2013, renumbered the former §§ 34-842—34-844 as §§ 34-843—34-845 and enacted a new § 34-842 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

No land, body of water or structure may be used or permitted to be used and no structure may hereafter be erected, constructed, moved, altered or maintained in any conventional commercial district for any purpose other than as provided in Section 34-844, pertaining to use regulations for conventional commercial districts, except as may be specifically provided for in Article VIII of this chapter, or in Section 34-620.

(LDC 1994, § 34-843; Ord. No. 93-24, § 7(450.02), 9-15-1993; Ord. No. 98-11, § 5, 6-23-1998; Ord. No. 13-10, § 10, 5-28-2013; Ord. No. 17-11, § 1, 9-5-2017)

Use regulations for conventional commercial districts are as follows:

Table 34-844. Use Regulations for Conventional Commercial Districts