Lee County Unincorporated
City Zoning Code

The purpose of this article is to provide rules and regulations which supplement, modify or further explain rules and regulations found elsewhere in this chapter, and, unless specifically noted to the contrary, the provisions of this article apply to all zoning districts.

(LDC 1994, § 34-1169; Zoning Ord. 1993, § 202; Ord. No. 98-28, § 5, 12-8-1998)

(a)

Regulations over and above those imposed by other sections of this chapter are necessary for certain uses which, because of their uniqueness or potential for substantial impact on surrounding land uses, warrant minimum standards which cannot properly be addressed in general provisions or property development regulations set for in specific districts. The purpose of the supplemental regulations set forth in this article is to set forth the detailed regulations, including, but not limited to, the bulk, layout, yard size and lot area, that apply to these uses.

(b)

Some of the uses provided for in this article exceed the minimum thresholds for Developments of County Impact (see Section 34-203) and will be required to apply for approval through the planned development procedure. The Board of County Commissioners may modify any of the requirements of this article in accordance with the procedures for a planned development application approval.

(c)

The supplemental regulations set out in this article apply to the specified use regardless of whether it is a use permitted by right, special exception, Development of County Impact or temporary use permit, as specified in the district use regulation.

(LDC 1994, § 34-1170; Zoning Ord. 1993, § 500; Ord. No. 96-06, § 5, 3-20-1996; Ord. No. 98-28, § 5, 12-8-1998)

This division provides minimum regulations for those accessory uses, buildings and structures customarily incidental and subordinate to the principal use or building, which are not specifically regulated elsewhere in this chapter.

(LDC 1994, § 34-1171; Zoning Ord. 1993, § 501(A))

Editor's note— Ord. No. 25-09, § 5, adopted April 15, 2025, repealed § 34-1172, which pertained to definitions and derived from LDC 1994, § 34-1172 and Zoning Ord. 1993, § 501(B).

(a)

Permitted structures and uses. Unless specifically indicated to the contrary, accessory uses, buildings and structures that are customarily recognized as clearly incidental and subordinate to the principal use of the property, are permitted by right when located on the same lot or parcel and in the same zoning category as the principal use, provided that:

(1)

All uses, buildings and structures must comply with all applicable development regulations and Building Codes.

(2)

Accessory buildings or structures may be built concurrently with a principal building or structure but, except as provided herein, no accessory use, building or structure may be commenced, erected, placed or moved onto a lot or parcel prior to the principal use, building or structure.

Exceptions are as follows:

a.

Agricultural accessory structures in the AG District.

b.

Fences or walls when in compliance with Section 34-1741 et seq.

c.

Seawalls or retaining walls (see Section 34-1863).

d.

Docks, single-family, boathouses, and dock pavilions (see Sections 26-41 and 34-1863). Only permitted if the lot meets the minimum lot size and dimensions required for a principal use, including lots that conform to lot of record standards in Section 34-3272. Lots created prior to September 27, 1993, which contain submerged lands and which are located on islands without vehicular access to the mainland are exempt from this requirement.

(b)

Attachment to principal building. Authorized accessory buildings or structures may be erected as part of the principal building or may be connected to it by a roofed porch, patio or breezeway, or similar structure, or they may be completely detached, provided that:

(1)

Any accessory building or structure which is structurally a part of the principal building shall comply in all respects with the regulations for a principal building.

(2)

Any accessory building or structure not structurally made a part of the principal building shall comply with the location requirements set forth in Section 34-1174.

(LDC 1994, § 34-1173; Zoning Ord. 1993, § 501(C); Ord. No. 01-18, § 5, 11-13-2001; Ord. No. 11-01, § 5, 3-8-2011; Ord. No. 25-18, § 2, 9-16-2025)

(a)

Permitted locations. Except as may be provided elsewhere in this chapter, all accessory uses, buildings and structures must be located on the same premises and must have the same zoning classification as the principal use. For the purposes of this section, the zoning classification must consist of the following groups of zoning districts:

(1)

Districts described in Article VI, Division 2 of this chapter (Agricultural Districts);

(2)

Districts described in Article VI, Division 3 of this chapter (Residential Districts);

(3)

Districts described in Article VI, Division 4 of this chapter (Recreational Vehicle Park Districts);

(4)

Districts described in Article VI, Division 5 of this chapter (Community Facilities Districts);

(5)

Districts described in Article VI, Division 6 of this chapter (Commercial Districts);

(6)

Districts described in Article VI, Division 7 of this chapter (Marine-Oriented Districts);

(7)

Districts described in Article VI, Division 8 of this chapter (Industrial Districts);

(8)

Districts described in Article VI, Division 9 of this chapter (Planned Development Districts).

(b)

Setback from streets. No accessory use, building or structure may be located closer to a street right-of-way line or street easement than the principal building, except as provided for in Division 30, Subdivision III of this article, or as set forth in this subsection.

(1)

Accessory uses, buildings or structures in the RSC-1, RSA, RS, RM, TFC, TF and AG Zoning Districts may be closer to the street than the principal building as long as a minimum setback of 100 feet is maintained.

(2)

Accessory uses, buildings and structures may be located on through lots as follows. For the purposes of this subsection only, the term "secondary street" means the street opposite the street which provides principal vehicular access as determined by the prior development pattern of that block.

a.

On through lots with no dedicated buffer easement or residential project fence or wall, accessory uses, buildings and structures may be placed closer to the secondary street than the principal building as long as the minimum setbacks for streets as set forth in Division 30, Subdivision III of this article are maintained.

b.

On through lots with a dedicated buffer easement of ten feet or more (located on the property) and immediately adjacent to the secondary street, accessory uses, buildings and structures may not encroach into the easement.

c.

On through lots with an abutting residential project fence or wall accessory use, buildings and structures must be set back a minimum of five feet from the property line.

(3)

In the following cases, accessory uses, buildings and structures may be closer to the street than the principal building but may not be closer than the minimum setbacks for streets as set forth in Division 30, Subdivision III of this article.

a.

Accessory uses, buildings and structures in the RSC-2 Zoning District.

b.

Any lot in which the rear lot line abuts a body of water.

c.

Swimming pools, tennis courts, shuffleboard courts and other similar recreational facilities accessory to a multiple-family or townhouse development, a hotel/motel, or a mobile home or recreational vehicle development, provided that:

1.

They are part of a planned development or a site plan approved in accordance with Chapter 10; and

2.

They are aesthetically landscaped with berming or buffering which is adequate to screen the use from the street so as to prevent it from being a traffic distraction.

d.

Garages or carports for residential, commercial or industrial uses.

e.

Outdoor display of merchandise, where permitted, subject to the provisions of Division 36 of this article and Chapter 30, pertaining to signs.

(c)

Setback from bodies of water. No building or structure (except docks and seawalls, which are subject to the setback requirements as set forth in Chapter 26, Article II) may be located closer to a bay, canal or other body of water than the minimum setback required in Section 34-2194.

(d)

Setbacks from side and rear property lines. Unless the side or rear property line abuts a body of water (see Section 34-2194), the following setbacks apply:

(1)

Agricultural accessory buildings and structures. Except for those structures specified in Division 6 of this article, pertaining to animals, all accessory agricultural buildings and structures must be set back a minimum of five feet from any rear property line and may not be closer to a side property line than the minimum required side setback for the district in which the property is located, or ten feet, whichever is less.

(2)

Residential accessory buildings and structures. Except as provided in Sections 34-1175 and 34-1176, all accessory residential buildings and structures must be set back a minimum of five feet from any rear property line and may not be closer to a side property line than the minimum required side setback for the district in which the property is located, or ten feet, whichever is less.

(3)

Commercial and industrial accessory buildings and structures. All accessory buildings and structures for a principal commercial or industrial use must be set back:

a.

A minimum of ten feet from rear and side lot lines when abutting a commercial or industrial zoning district; and

b.

In accordance with the setback requirements for the district in which located, or the minimum buffering requirements as set forth in Chapter 10, whichever is greater, when abutting any district other than commercial or industrial.

(e)

Prohibited locations. Nothing contained in this chapter may be construed as permitting placement of any accessory building or structure within a utility or other easement prohibiting such building or structure, or closer to adjacent property than permitted by the minimum buffer requirements set forth in Chapter 10, or closer to any other building than permitted by the County Building Code.

(f)

Signs. Signs are subject only to the setback requirements as set forth in Chapter 30.

(LDC 1994, § 34-1174; Zoning Ord. 1993, § 501(D); Ord. No. 93-24, § 8, 9-15-1993; Ord. No. 94-24, § 31, 8-31-1994; Ord. No. 99-05, § 9, 6-29-1999; Ord. No. 09-23, § 10, 6-23-2009)

(a)

Purpose. The purpose of this section is to:

(1)

Further the health, safety, and aesthetic objectives of this chapter;

(2)

Protect the aesthetic character of residential zoning districts;

(3)

Balance the legitimate aesthetic and land use compatibility concerns of the County with the needs and interests of operators of amateur radio services;

(4)

Reasonably accommodate amateur radio services;

(5)

Ensure access to satellite services; and

(6)

Promote fair and effective competition among competing communications service providers.

(b)

Applicability. The provisions of this section will apply only to:

(1)

Satellite earth stations greater than two meters (78.74 inches) in diameter that are within commercial or industrial zoning districts, or the commercial or industrial areas of a planned development;

(2)

Satellite earth stations greater than one meter (39.97 inches) in diameter that are within any district not specified in Subsection (b)(1) of this section; and

(3)

Amateur radio antennas.

(c)

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

Amateur radio antenna means an antenna, including any mounting device, tower, or antenna-supporting structure, designed and constructed for amateur radio services.

Amateur radio services means a radiocommunication service for the purpose of self-training, intercommunication and technical investigations carried out by duly authorized persons interested in radio technique solely with a personal aim and without pecuniary interest.

Satellite earth stations means any device or antenna, including associated mounting devices or antenna-supporting structures, used to transmit or receive signals from an orbiting satellite, including television broadcast signals, direct broadcast satellite services, multichannel multipoint distribution services, fixed wireless communications signals, and any designated operations indicated in the FCC Table of Allocations for satellite services.

(d)

Property development regulations.

(1)

Satellite earth stations.

a.

Setbacks. Satellite earth stations must meet the minimum setback requirements for the zoning district in which proposed, as well as those setback requirements in Section 34-2191 et seq. In no case may satellite earth stations be placed closer to a right-of-way or street easement than the principal building.

b.

Allowable size. No satellite earth station may exceed ten feet in diameter except when in conjunction with a cable television or broadcast facility and approved in accordance with the variance requirements of Section 34-1453.

c.

Location and placement.

1.

Except as provided below, no satellite earth station may be mounted on a roof or a building surface.

2.

Exception. Satellite earth stations may be mounted on buildings that exceed 35 feet in height (as measured at ground level), provided the satellite earth station is not visible at ground level from any abutting right-of-way, street easement or any property under separate ownership and zoned or used for residential purposes.

d.

Signage. Signs are prohibited on satellite earth stations.

e.

Height. Ground-mounted satellite earth stations may not exceed ten feet in height, except when in conjunction with a cable television or broadcast facility and approved in accordance with the variance requirements of Section 34-1453.

f.

Landscaping. Ground-mounted satellite earth stations exceeding two meters (78.74 inches) in diameter must include a landscaped buffer of at least three feet in width between the facility and any right-of-way or ingress/egress or access easement. The buffer must be at least four feet in height at installation and be maintained at a minimum of five feet in height within one year after time of planting.

g.

Structural requirements. Satellite earth stations must be constructed or mounted so as to withstand sustained winds in accordance with the Florida Building Code. In the event of structural failure, the satellite earth station must be designed to collapse completely within the boundaries of the lot on which it is located.

h.

Limited waiver of requirements. The Director may waive the requirements of Subsection (d)(1) of this section where an applicant for a satellite earth station demonstrates in writing that compliance with these provisions will materially limit transmission or reception by the proposed satellite earth station. The Director may not waive any requirement to a greater extent than is required to ensure that transmission or reception is not materially limited. The decision of the Director is discretionary and may not be appealed.

(2)

Amateur radio antennas.

a.

Location and placement. Amateur radio antennas must be set back from all adjacent property lines by at least five feet, and in no case may they be placed closer to the right-of-way or street easement than the principal building. Amateur radio antennas may not be located within any easement.

b.

Signage. Signs are prohibited on amateur radio antennas.

c.

Height. New amateur radio antennas proposed at heights greater than 50 feet, but not higher than 75 feet, will be subject to administrative review in accordance with Section 34-1445. New amateur radio antennas proposed at heights greater than 75 feet will subject to the variance provisions of Section 34-1453.

d.

Structural requirements. Amateur radio antennas must be constructed or mounted to withstand sustained winds in accordance with the Florida Building Code. In the event of structural failure, it must be designed to collapse completely within the boundaries of the lot on which it is located. Amateur radio antenna may be monopole, lattice or guyed type of construction.

e.

Restriction on antenna type. Personal wireless services antenna may not be placed on an amateur radio antenna.

f.

Limited waiver of requirements. The Director may waive the requirements of Subsection (d)(2) of this section where an applicant for an amateur radio antenna demonstrates that compliance with these provisions will preclude amateur radio services. The Director may not waive any requirement to a greater extent than is required to ensure such services. The decision of the Director is discretionary and may not be appealed.

(LDC 1994, § 34-1175; Zoning Ord. 1993, § 501(E)1; Ord. No. 96-06, § 5, 3-20-1996; Ord. No. 97-10, § 6, 6-10-1997; Ord. No. 03-11, § 1, 4-8-2003)

(a)

Applicability. The regulations set out in this section apply to all swimming pools, tennis courts, shuffleboard courts, porches, decks and other similar recreational facilities which are accessory to a permitted use, and which are not specifically regulated elsewhere in this chapter.

(b)

Location and setbacks.

(1)

Personal, private and limited facilities.

a.

All swimming pools, tennis courts, decks and other similar accessory facilities must comply with the following setback requirements:

1.

Street setbacks, as set forth in Sections 34-1174 and 34-2192.

2.

Waterbody setbacks, as set forth in Section 34-2194.

3.

Rear lot line setback, as set forth in Section 34-1174(d).

4.

Side lot line setbacks, as set forth in Section 34-1174(d).

b.

Nonroofed facilities. Swimming pools, patios, decks and other similar recreational facilities may not exceed three and one-half feet above grade, as defined in Section 34-2171, unless:

1.

The recreational facility complies with minimum required principal structure setbacks where the property is not located in a special flood hazard area; or

2.

The recreational facility is located in a special flood hazard area and is designed and constructed at or below the lowest minimum habitable floor elevation for which a building permit may be issued, provided the facility complies with accessory structure setbacks and a minimum rear lot line setback of ten feet.

c.

Screen enclosures. Swimming pools, decks or patios may be enclosed with a screen enclosure, subject to the following requirements:

1.

Any screen enclosure with an opaque material above three and one-half feet from grade must meet principal structure setbacks;

2.

Roofed screen enclosures. Roofed screen enclosures must:

i.

Comply with all setback requirements for the principal building if structurally part of the principal building, except when constructed as a flat roof with a pitch no greater than the minimum required for rain runoff.

ii.

Comply with all setback requirements for accessory structures if not structurally part of the principal building.

(2)

Commercial and public facilities. All pools, tennis courts and other similar recreational facilities owned or operated as a commercial or public establishment must comply with the setback regulations for the zoning district in which located.

(c)

Fencing.

(1)

Tennis courts. Fences used to enclose tennis courts shall not exceed 12 feet in height above the playing surface.

(d)

Lighting. Lighting used to illuminate a swimming pool, tennis court or other recreational facility shall be directed away from adjacent properties and streets and shall shine only on the subject site.

(e)

Commercial use. No swimming pool, tennis court or other recreational facility permitted as a residential accessory use shall be operated as a business.

(LDC 1994, § 34-1176; Zoning Ord. 1993, § 501(E)2; Ord. No. 14-13, § 7, 6-17-2014; Ord. No. 25-09, § 5, 4-15-2025)

(a)

Density.

(1)

An accessory apartment is not subject to density provisions of the Lee Plan, except accessory apartments on Gasparilla Island are subject to the provisions of Section 34-2255.

(2)

An accessory dwelling unit is subject to density provisions of the Lee Plan. Density may be calculated using the maximum total (bonus) density of the property's future land use category designation. Accessory dwelling units are presumed to be site-built affordable housing units and must pay applicable impact fees pursuant to Chapter 2.

(3)

A maximum of one accessory apartment or one accessory dwelling unit is permitted per principal, single-family residence, except as excluded by Section 34-1180(b).

(b)

Development standards.

(1)

Off-street parking. In addition to the requirements of Section 34-2020(a), one additional space is required. All required parking must be provided on the site.

(2)

Maximum living area. The maximum living area for the accessory apartment or accessory dwelling unit is 60 percent of the living area of the principal, single-family residence.

(3)

Nonliving areas. Nonliving areas are excluded from accessory apartment or accessory dwelling unit computations (see "living area" Section 34-2) provided the overall accessory structure is compliant with this Division.

(4)

Minimum lot size. The property must be a lawfully existing lot of record as defined in Section 34-3272 or conform to the minimum lot area, width, and depth of the zoning district in which it is located.

(LDC 1994, § 34-1177; Ord. No. 93-24, § 10, 9-15-1993; Ord. No. 94-24, § 32, 8-31-1994; Ord. No. 01-18, § 5, 11-13-2001; 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. 16-19, § 10, 11-15-2016; Ord. No. 19-03, § 7, 4-2-2019; Ord. No. 22-12, § 2(34-1177), 5-17-2022; Ord. No. 25-09, § 5, 4-15-2025)

(a)

Storage sheds, carports and casitas on individual recreational vehicle sites are prohibited in transient parks.

(b)

One freestanding storage shed, not exceeding 120 feet in floor area and ten feet in height, may be permitted in any nontransient park provided:

(1)

No storage shed may be located closer than five feet to the side or rear lot line or closer than ten feet to a recreational vehicle under separate ownership; and

(2)

The shed is properly tied down and complies with all Building Code requirements.

(c)

Carports may be permitted in any nontransient park located within a conventional RV District provided the carport:

(1)

Is located on a lot with a minimum of 2,000 square feet in size;

(2)

Does not exceed 12 feet in width, 20 feet in length, and ten feet in height;

(3)

Is not located closer than five feet to any side or rear lot line or closer than ten feet (measured overhang to overhang) to any recreational vehicle or carport under separate ownership;

(4)

Remains open from grade up to the eave except the back end of the carport may be attached to a permitted storage shed; and

(5)

Is in compliance with all Building Code requirements.

(d)

Carports, to cover both the RV and one vehicle, may be permitted in any nontransient park located within an RVPD with an overall gross density of less than six units per acre provided the carport:

(1)

Is located on a lot a minimum of 3,000 square feet in size;

(2)

Does not exceed 25 feet in width, 42 feet in length, and 15 feet in height with a clear span of 13 feet six inches;

(3)

Is not located closer than five feet to the side or rear lot line or closer than ten feet (measured overhang to overhang) to a recreational vehicle or carport under separate ownership;

(4)

Remains open from grade up to the eave except that the back end of the carport may be attached to a permitted storage shed and a screened porch may be located along one side provided the length does not exceed 50 percent of the length of the carport; and

(5)

In compliance with all Building Code requirements.

(e)

Casitas are permissible only on non-transient recreational vehicle (RV) lots in Recreational Vehicle Planned Developments (RVPDs) and must be a use listed in the approved schedule of uses for the RVPD. Casitas are subject to the following provisions:

(1)

Casitas may only be occupied in conjunction with a parked recreational vehicle on the lot. The use or occupancy of a casita as a separate dwelling unit is prohibited.

(2)

Casitas are subject to the following development regulations:

a.

Minimum setback requirements:

1.

Street: 25 feet or RV pad setback, whichever is greater.

2.

Side: 5 feet.

3.

Rear: 5 feet.

4.

Waterbody: in accordance with Section 34-2194.

b.

A minimum separation of ten feet must be provided between casitas and the parking pad for a recreational vehicle on an abutting lot.

(3)

Casitas may contain living area including sleeping and sanitary facilities, a kitchen, laundry facilities, and indoor storage space.

(4)

Prior to the issuance of a building permit, a covenant must be recorded in the public records that clearly indicates the occupancy restrictions set forth in this section. This covenant may not be amended without the written consent of the Director of Lee County Community Development.

(5)

A non-transient recreational vehicle (RV) lot is limited to either one cabana or one casita.

(6)

Recreational Vehicle Planned Developments (RVPDs) approved prior to the effective date of the ordinance from which this section is derived where cabanas or coach cabanas are listed in the approved schedule of uses may administratively amend the planned development to add casitas as an approved use in lieu of cabanas or coach cabanas in accordance with Section 34-174.

(LDC 1994, § 34-1179; Ord. No. 14-13, § 7, 6-17-2014; Ord. No. 22-12, § 2(34-1179), 5-17-2022)

(a)

Applicability. This section provides the minimum regulations to permit development of an additional conventional single-family residence on the same parcel if the parcel has been zoned in an AG District and the parcel is developed in accordance with the density requirements of the applicable land use classification. Development of accessory apartments and accessory dwelling units, as defined, are subject to Section 34-1177.

(b)

Standards.

(1)

Minimum lot area must be twice the required lot area for the zoning district, but in no event less than two acres including easements.

(2)

Minimum lot width must be twice the required lot width for the zoning district.

(3)

The dwelling units and all accessory buildings and structures must be separated by a minimum of twice the required side yard setback for the zoning district.

(4)

No more than two dwelling units constructed as two freestanding conventional single-family residences are permitted on the same parcel. Accessory apartments constructed in accordance with Section 34-1177 are permitted in conjunction with each single-family residence developed in accordance with this provision.

(5)

Property owners who have already established or plan to establish a caretaker's residence or accessory dwelling unit may not avail themselves of this provision.

(6)

Each dwelling unit and all accessory buildings and structures must be located on the parcel in such a manner that the parcel could be separated into individual lots and still meet the property development regulations for the zoning district as well as the density requirements for the applicable land use category without first creating a new street easement or right-of-way.

(7)

Approval of a Type E Limited Review Development Order (LDO) under the provisions of Section 10-174(4) will be required in order to obtain a lot split only if the land is subdivided. The property owners will be required to participate in a joint application to obtain the lot split approval subject to the provisions of Section 10-174(5). This requirement runs with the land regardless of ownership change.

(LDC 1994, § 34-1180; Zoning Ord. 1993, § 533; Ord. No. 96-06, § 5, 3-20-1996; Ord. No. 11-08, § 10, 8-9-2011; Ord. No. 25-09, § 5, 4-15-2025)

(a)

Except as provided below, the following types of trucks or commercial vehicles may not be parked or stored on any property zoned AG, RS, RSA, RSC, TFC, TF, RM, MH, RV, PUD, RPD, RVPD, MHPD, or the residential portion of an MPD:

(1)

A tractor-trailer or semi-trailer truck;

(2)

A truck with two or more rear axles;

(3)

A truck with a manufacturer's Gross Vehicle Weight Rating (GVWR) in excess of 15,000 pounds; or

(4)

Any truck and trailer combination, excluding a trailer used solely for noncommercial or recreational purposes, resulting in a combined manufacturer's Gross Vehicle Weight Rating (GVWR) in excess of 15,000 pounds.

(b)

Exceptions:

(1)

Daytime deliveries or service calls;

(2)

Trucks and equipment parked or stored within a completely enclosed building in conjunction with an approved home occupation pursuant to Section 34-1772;

(3)

A truck or commercial vehicle parked or stored on any property zoned AG, provided:

a.

The property is not vacant; AND

b.

The truck or commercial vehicle is part of and primarily used for a legally permitted agricultural use in existence on the property; OR

c.

The person operating the truck or commercial vehicle is owned, leased or operated by a person who is a resident of the property and is appropriately licensed to drive the truck or commercial vehicle. This provision is intended to allow a resident in the agriculturally zoned districts (AG) Districts to drive one truck home from work. It is not intended to allow a business to be run from the property.

(4)

Trucks or vehicles used for emergency service work by a person employed by a public utility, when approved by the Director, provided:

a.

The truck or vehicle is parked while the employee is on emergency on-call status;

b.

Only one emergency service truck is allowed for each employee residing at the property; and

c.

The truck may not be stored at the property.

(LDC 1994, § 34-1181; Ord. No. 01-03, § 5, 2-27-2001; Ord. No. 01-18, § 5, 11-13-2001; Ord. No. 03-16, § 6, 6-24-2003)

(a)

A cabana may be used only for recreational purposes.

(b)

As a condition of building permit approval, the property owner must record a covenant in the public records that clearly indicates the uses allowed or prohibited within the cabana structure. This covenant must be consistent with this section and may not be amended without the written consent of the Director of Lee County Community Development.

(c)

Overnight sleeping in a cabana is prohibited.

(d)

Installation and use of stoves, cooktops, ranges or ovens within the cabana is prohibited.

(LDC 1994, § 34-1182; Ord. No. 05-14, § 6, 8-23-2005)

This division applies to all sexually oriented businesses (as defined in the Lee County Sexually Oriented Business Ordinance, codified in the Lee County Code Chapter 6, Article VI).

(LDC 1994, § 34-1201; Zoning Ord. 1993, § 202.02(A); Ord. No. 96-06, § 5, 3-20-1996)

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

Sexually oriented business means a sexually oriented business as defined in the Lee County Sexually Oriented Business ordinance, codified in the Lee County Code Chapter 6, Article VI.

(LDC 1994, § 34-1202; Zoning Ord. 1993, § 202.02(B); Ord. No. 96-06, § 5, 3-20-1996)

The purpose of this division is to provide reasonable regulations to alleviate the adverse effect of sexually oriented businesses on adjacent and nearby uses of land.

(LDC 1994, § 34-1203; Zoning Ord. 1993, § 202.02(C); Ord. No. 96-06, § 5, 3-20-1996)

No use of land for the purposes governed by this division may be located closer than 1,000 feet, measured on a straight line, from:

(1)

The closest wall of any building containing a similar use;

(2)

Any district which allows residential uses; or

(3)

Any hotel, motel, restaurant, school (noncommercial), day care center (child), park, playground, place of worship, religious facility, public recreation facility, cultural center, roominghouse, boardinghouse or hospital.

(LDC 1994, § 34-1204; Zoning Ord. 1993, § 202.02(C)1—3; Ord. No. 96-06, § 5, 3-20-1996)

(a)

Existing landing strips, heliports or helistops.

(1)

In a residential subdivision platted in conjunction with an aircraft landing strip or heliport, no hangars may be constructed on the individual residential lots prior to construction of the principal residence on the lot.

(LDC 1994, § 34-1231; Zoning Ord. 1993, § 503(A); Ord. No. 94-24, § 33, 8-31-1994; Ord. No. 96-06, § 5, 3-20-1996)

If a proposed aircraft landing facility fails to obtain or is denied a permit from the State within one year from the approval of the special exception, the special exception will automatically expire and become null and void.

(LDC 1994, § 34-1232; Zoning Ord. 1993, § 503(B); Ord. No. 96-06, § 5, 3-20-1996; Ord. No. 21-08, § 9, 6-1-2021)

The area proposed for an aircraft landing facility use must be sufficient and the site otherwise adequate to meet the standards of the Federal Aviation Administration and the State Division of Aeronautics, Department of Transportation, for the class of airport proposed, in accordance with the published rules and regulations of each agency.

(LDC 1994, § 34-1233; Zoning Ord. 1993, § 503(C)1; Ord. No. 96-06, § 5, 3-20-1996)

Any building, hangar or other structure within a planned development subject to this division must be set back a minimum of 100 feet from any public street right-of-way or other property line. Privately-owned hangars on individual lots adjacent to existing aircraft landing strips must comply with the setback regulations for accessory structures set forth in Division 2 of this article, unless safety requirements require a larger setback.

(LDC 1994, § 34-1234; Zoning Ord. 1993, § 503(C)2; Ord. No. 96-06, § 5, 3-20-1996)

(a)

Every new or expanded aircraft landing strip must be set back from the property line a sufficient distance to ensure that the approach zone requirements and minimum effective landing strip length, as defined in F.A.C. 14-60.007 and this division, do not interfere with the maximum permissible building heights on adjacent property. Maximum permissible building height is defined as the maximum building height allowable for the zoning district applicable to the adjacent property on the date the request for planned development zoning or a special exception is made.

(b)

Every new or expanded heliport or helistop must be set back from the property line a sufficient distance to ensure that the two approach/departure corridors required by F.A.C. 14-60.007(6)(a)3 do not interfere with the maximum permissible building heights on adjacent property, as defined in this section.

(LDC 1994, § 34-1235; Zoning Ord. 1993, § 503(C)3; Ord. No. 96-06, § 5, 3-20-1996)

Any proposed runway or landing strip must be situated so that any structures, power lines, towers, chimneys and natural obstructions within the approach zones will comply with regulations for height restrictions in airport and heliport or helistop approach zones of the Federal Aviation Administration and the State Department of Transportation, Division of Aeronautics, or other airport authority qualified by law to establish airport hazard zoning regulations.

(LDC 1994, § 34-1236; Zoning Ord. 1993, § 503(C)4; Ord. No. 96-06, § 5, 3-20-1996)

All major repair of aircraft and machinery must be conducted within a completely enclosed structure.

(LDC 1994, § 34-1237; Zoning Ord. 1993, § 503(C)5; Ord. No. 96-06, § 5, 3-20-1996)

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

Alcoholic beverage means distilled spirits and all beverages, other than medicine, intended for human consumption and containing one-half of one percent or more alcohol by volume.

Beer, wine and liquor, has the same meaning as provided in F.S. Chs. 563, 564 and 565, respectively.

Bottle club means a business establishment providing facilities for the consumption of alcoholic beverages by its patrons on the premises but not licensed to sell alcoholic beverages, without regard as to whether the patrons are required to be members of the bottle club. Nonalcoholic mixers or so-called "set-ups" may be provided by the club. A bottle club does not include a social, fraternal or civic association or organization which only occasionally or intermittently provides facilities for on-premises consumption of alcoholic beverages by its members and their guests and is not licensed to sell alcoholic beverages.

Full course meal means items on a menu at a restaurant which include soups and salads, main dishes with side orders, and desserts.

Kitchen, commercial, means a facility used for the preparation of food which is sold to the public and that is subject to local and State Health Department inspections.

Liquor license means a license issued by the State for the retail sale, service and consumption of liquor.

Noise means sound or vibrations which are defined as either noise or noise disturbance in the County Noise Control Ordinance, codified in Lee County Code Chapter 19, Article VI and as subsequently amended.

Package sales means alcoholic beverages that are sold only in containers sealed by the manufacturer, and which are sold for consumption off the licensed premises of the business establishment.

Park, only when used in this division, means a park facility which is owned, leased or operated by a governmental agency. The term "park" does not include beach access strips.

Sale, only when used in this division, includes the term "or service."

(LDC 1994, § 34-1261; Zoning Ord. 1993, § 202.03(B); Ord. No. 16-19, § 10, 11-15-2016)

(a)

No structure, building, establishment or premises may be occupied, used or maintained for the purpose of the retail sale, service or consumption of alcoholic beverages except in conformity with State and County regulations, including this chapter.

(b)

Failure to abide by County and State regulations may result in the revocation of alcoholic beverage approval, as addressed by Section 34-1265.

(LDC 1994, § 34-1262; Zoning Ord. 1993, § 202.03(A); Ord. No. 15-15, § 1, 11-17-2015)

(a)

Package stores which have only a 1-APS State liquor license are exempt from this section, except for Subsection (c) of this section.

(b)

The sale of alcoholic beverages for consumption off the premises shall be allowed as a permitted use as follows, provided that the regulations set forth in Subsection (c) of this section are met:

(1)

In any zoning district wherein package stores are listed as a permitted use, only when the establishment is licensed only as a package store; and

(2)

In any retail sales establishment wherein the sale of alcoholic beverages for consumption off-site is clearly incidental to other retail sales commodities, such as in a grocery store, supermarket or drugstore, and limited to PS Series liquor licenses.

(3)

In any brewpub, micro-brewery, micro-distillery, or micro-winery where the sale of alcoholic beverages for consumption off-site is clearly incidental to the production of alcoholic beverages on-site.

(c)

Only alcoholic beverages in original factory-sealed or site-sealed containers shall be permitted to be sold.

(d)

In addition to the requirements of Subsections (a) through (c) of this section, any establishment primarily engaged in the sale of alcoholic beverages for consumption off-site shall also be required to comply with all applicable State liquor laws and Lee County Code Section 3-2.

(e)

No package store or other establishment primarily engaged in the retail sale of liquor for consumption off-site shall be permitted closer than 500 feet to any religious facility, school (noncommercial), day care center (child), park or dwelling unit, or 500 feet from any other establishment primarily engaged in the sale of alcoholic beverages.

(1)

For the purposes of this subsection, the distance shall be measured in a straight line from any public entrance or exit of the establishment to the nearest property line of the religious facility, school (noncommercial), day care center (child), park or dwelling unit, or any public entrance or exit of any other establishment primarily engaged in the sale of alcoholic beverages.

(2)

Where an establishment for the sale of alcoholic beverages is located in conformity with the provisions of this subsection, and a religious facility, school (noncommercial), day care center (child), park or dwelling unit is subsequently established in the proximity of such existing establishment, then the separation requirements shall not apply.

(3)

Notwithstanding Subsection (e)(1) of this section, where a package store is located in a shopping center which is 25,000 square feet or greater in size, the separation requirements from any dwelling unit shall not apply.

(4)

In any PD, planned development, where the applicant is contemplating the sale of alcoholic beverages for consumption off the premises in an establishment which cannot meet the distance requirements set forth in this Subsection (e), the applicant shall request a deviation from the requirements of this Subsection (e).

(LDC 1994, § 34-1263; Zoning Ord. 1993, § 202.03(C); Ord. No. 25-12, § 2, 6-17-2025)

(a)

Approval required. The sale or service of alcoholic beverages for consumption on-premises is not permitted until the location has been approved by the County as follows:

(1)

Administrative approval. An administrative approval for consumption on-premises is required in accordance with Section 34-174 when in conjunction with the following uses:

a.

County-owned airports, arenas, and stadiums, including liquor, beer, malt liquor, and wine in restaurants, bars, lounges, concessions, concession stands, and package stores at County-owned airports;

b.

Bars, cocktail lounges, night clubs, micro-breweries, micro-distilleries, or micro-wineries located in commercial and industrial zoning districts that permit bars, cocktail lounges, night clubs, micro-breweries, micro-distilleries, or micro-wineries, provided the standards set forth in Subsections (b)(1) and (b)(3) of this section are met;

c.

Bowling alleys and movie theaters provided the standards set forth in Subsections (b)(2)a and (b)(3) of this section are met;

d.

Clubs and fraternal or membership organizations located in commercial and industrial zoning districts, where permitted, provided the standards set forth in Subsections (b)(2)f and (b)(3) of this section are met;

e.

Cocktail lounges in golf courses, tennis clubs, or indoor racquetball clubs, provided the standards set forth in Subsections (b)(2)d, (b)(2)e, and (b)(3) of this section are met;

f.

Hotels/motels, provided the standards set forth in Subsections (b)(2)c and (b)(3) of this section are met;

g.

Restaurants Groups II, III, and IV, and Brewpubs, provided the standards set forth in Subsections (b)(2)b and (b)(3) of this section are met. Outdoor seating in conjunction with a Group II, III, or IV restaurant, or Brewpub may be approved administratively provided:

1.

The outdoor seating area is not within 500 feet of a religious facility, school (noncommercial), daycare center (child), park, or dwelling unit under separate ownership;

2.

The outdoor seating area is within 500 feet of a religious facility, school (noncommercial), daycare center (child), park, or dwelling unit under separate ownership but is a tenant of a multi-occupancy complex that is adjacent to an arterial or collector road;

h.

Charter, party fishing boat or cruise ship, provided the standards of Subsection (b)(3) of this section are met. The COP approval is specific to the charter, party fishing boat, or cruise ship operating from a specific location and does not run with the land, nor is it transferrable;

i.

Beer and wine taste testing in conjunction with package sales (consumption off the premises);

j.

Limited food and beverage services when accessory to an agritourism activity permitted in accordance with Section 34-1711, provided that the activity is not within 500 feet of a religious facility, school (noncommercial), daycare center (child), park, or dwelling unit under separate ownership.

k.

Food truck parks, provided the standards set forth in Subsection (b)(1) of this section and Section 34-2352 are met.

(2)

Special exception.

a.

A special exception for consumption on the premises is required for:

1.

Any establishment not covered by Subsection (a)(1) of this section; or

2.

Any establishment, except those covered by Subsection (a)(1)g of this section, which provides outdoor seating areas for its patrons consuming alcoholic beverages;

b.

The burden of proof that the grant of the special exception will not have an adverse effect on surrounding properties lies with the applicant;

c.

A single special exception for consumption on the premises for a shopping center in a conventional zoning district is sufficient to permit consumption on the premises in every restaurant that exists or may be established within the center.

(3)

Planned developments and Planned Unit Developments.

a.

No administrative approval is necessary where an individual establishment or other facility proposing consumption on the premises is explicitly designated on the Master Concept Plan and is included on the schedule of uses.

b.

If consumption on the premises is shown as a permitted use on the approved schedule of uses for a shopping center, no administrative approval for consumption on the premises is required for restaurants within the center.

c.

Consumption on the premises for other uses within planned developments and Planned Unit Developments require administrative approval or a special exception.

(b)

Location; parking.

(1)

Prohibited locations.

a.

Except as may be exempted in Subsections (a)(1) or (2) of this section, no establishment for the sale or service of alcoholic beverages for consumption on the premises may be located within 500 feet of:

1.

A religious facility, school (noncommercial), day care center (child) or park;

2.

A dwelling unit under separate ownership, except when approved as part of a planned development; or

3.

Another establishment primarily engaged in the sale of alcoholic beverages for consumption on the premises, excluding those uses listed under Subsection (b)(2) of this section.

Distance must be measured from any public entrance or exit of the establishment in a straight line to the nearest property line of the religious facility, school (noncommercial), day care center (child), dwelling unit or park, or to the closest public entrance or exit of any other establishment primarily engaged in the sale of alcoholic beverages.

b.

Where an establishment for the sale of alcoholic beverages is located in conformity with the provisions of this subsection, and a religious facility, school (noncommercial), day care center (child), park or dwelling unit is subsequently established in the proximity of the existing establishment, then the separation requirements will not apply.

(2)

Exceptions to location standards. Exceptions to location standards are as follows:

a.

Bowling alleys, provided that:

1.

There are no signs, or other indication visible from the outside of the structure concerned, that beer or wine or other malt and vinous beverages are served;

2.

The bowling alley is in a fully air-conditioned building with at least 10,000 square feet of floor space under one roof and where both uses are owned by the same entity;

3.

The building contains at least 12 alleys available for bowling. The facilities for the service of food and beverages must be in an area separate from the alleys. The facility for the service of food and beverages must contain at least 2,000 square feet of usable floor space and must accommodate at least 60 patrons at tables; and

4.

The building is at least 500 feet, measured as provided in this subsection, from the uses in described in Subsections (b)(1)a.1 and 2 of this section.

b.

Restaurants Groups II, III and IV, provided:

1.

The restaurant is in full compliance with State requirements;

2.

The restaurant serves cooked, full-course meals, prepared daily on the premises; and

3.

Only a service bar is used, and the sale or service of alcoholic beverages is only to patrons ordering meals, or, if the restaurant contains a cocktail lounge for patrons waiting to be seated at dining tables, the lounge must be located so that there is no indication from the outside of the structure that the cocktail lounge is within the building.

c.

Hotels/motels, provided that:

1.

The hotel/motel contains at least 100 guest rooms under the same roof, and those nightclubs, cocktail lounges or bars are located within the hotel or motel and under the same roof; and

2.

The exterior of the building must not have storefronts or give the appearance of commercial or mercantile activity visible from the highways.

If the use contains windows visible from the highway, the windows must be of fixed, obscure glass. Access to the nightclub, cabaret, cocktail lounge, or bar must be through the lobby. Additional entrances are not permitted unless the additional entrance or door opens into an enclosed courtyard or patio. The additional entrance may not be visible from the street. A fire door or exit is permitted so long as the door or exit is equipped with panic type hardware and is maintained in a locked position except in an emergency.

d.

Golf course clubhouses, provided that:

1.

The golf course consists of at least nine holes, a clubhouse, locker rooms and attendant golf facilities, and comprises in all at least 35 acres of land.

2.

Failure of the club to maintain the golf course, clubhouse and golf facilities will automatically terminate the privilege of the cocktail lounge and sale of beer from the refreshment stands.

e.

Tennis clubs and indoor racquetball clubs, provided that the club is chartered or incorporated or owns or leases and maintains a bona fide tennis club or four-wall indoor racquetball club consisting of not less than:

1.

Ten regulation-size tennis courts;

2.

Ten regulation-size four-wall indoor racquetball courts;

3.

A combination of tennis courts and four-wall indoor racquetball courts numbering ten;

4.

Clubhouse facilities, pro shop, locker rooms and attendant tennis or racquetball facilities, all located on an abutting tract of land owned or leased by the club.

There may be no signs or other indications visible from the exterior of the clubhouse, building or structure that alcoholic beverages are served.

f.

Clubs and fraternal or membership organizations, provided that:

1.

The club or organization conforms to all the requirements of F.S. Ch. 561 and other applicable State laws; and

2.

There are no signs or other indications visible from the exterior of the clubhouse, building or structure that alcoholic beverages are served.

(3)

Parking. Establishments providing alcoholic beverages for consumption on the premises must comply with the parking requirements for the principal use set forth in Section 34-2020(b).

(c)

Temporary one-day permit.

(1)

Intent; applicability. It is the intent of this subsection to require nonprofit and for-profit organizations and establishments in the unincorporated area of the County obtain a one-day temporary alcoholic beverage permit for the sale of alcoholic beverages at the specific location where an event is held. This subsection pertains to, but is not necessarily limited to, the following uses:

a.

Grand openings or open houses at residential, commercial or industrial developments;

b.

Special outdoor holiday or celebration events at bars and restaurants;

c.

Weddings and other special occasions at clubhouses or farms classified as agricultural under F.S. § 193.461;

d.

Political rallies or events;

e.

Block parties; and

f.

Carnivals.

(2)

Procedure for approval.

a.

Any owner, lessee or tenant seeking approval for consumption on the premises for a temporary alcoholic beverage permit, must submit a written request to the Department of Community Development. The written request must include:

1.

The name and address of the applicant;

2.

A general description of the exact site where alcoholic beverages are to be sold and consumed;

3.

The type of alcoholic beverages to be sold and consumed;

4.

A fee in accordance with the adopted fee schedule; and

5.

A temporary use permit, if applicable.

b.

The Director will render a final decision within ten working days. The decision will be in the form of approval, approval with conditions or denial. The Director may forward the request to other appropriate agencies for comment.

(3)

Time limit.

a.

Only 12 temporary alcoholic beverage permits may be issued per year to a specific location, including those in conjunction with a temporary use permit. If more than 12 permits are sought per year for a specific location, then the location must obtain a permanent alcoholic beverage special exception. If the event for which the temporary alcoholic beverage permit is sought continues for longer than one day, the applicant may petition the Director for an extended permit. A temporary alcoholic beverage permit will not be issued by the Director for more than three days.

b.

The Board of County Commissioners will review all requests for temporary alcoholic beverage permits where an event will run longer than three days. Under no circumstances will a temporary alcoholic beverage permit be issued for more than ten days.

c.

If the temporary alcoholic beverage permit is obtained in conjunction with a temporary use permit, issuance of the permit must comply with the time limits established in Section 34-3041(d)(2).

(d)

Expiration of approval. After the following time periods, the administrative or special exception approval of a location for the sale and consumption of alcoholic beverages on the premises granted in accordance with this section will expire and become null and void:

(1)

In the case of an existing structure, the approval will expire six months from the date of approval unless, within that period of time, operation of the alcoholic beverage establishment has commenced. For the purposes of this subsection, the term "operation" is defined as the sale of alcoholic beverages in the normal course of business.

(2)

In the case of a new structure, the approval will expire one year from the date of approval unless, within that period of time, operation of the alcoholic beverage establishment has commenced. The Director may grant one extension of up to six months, if construction is substantially complete.

(e)

Transfer of permit. Alcoholic beverage permits, excluding permits for bottle clubs and as noted in Subsection (a)(1)i of this section, issued by virtue of this section is a privilege running with the land. Sale of the real property will automatically vest the purchaser with all rights and obligations originally granted to or imposed on the applicant. The privilege may not be separated from the fee simple interest in the realty.

(f)

Expansion of area designated for permit. The area designated for an alcoholic beverage permit may not be expanded without filing a new application for an alcoholic beverage permit in accordance with the requirements contained in this chapter. The new application must cover both the existing designated area as well as the proposed expanded area. All areas approved must be under the same alcoholic beverage permit and subject to uniform rules and regulations.

(g)

Nonconforming establishments.

(1)

Expansion. A legally existing establishment engaged in the sale or service of alcoholic beverages made nonconforming by reason of the regulations contained in this section may not be expanded without a special exception. The term "expansion," as used in this subsection, includes the enlargement of space for the use and uses incidental thereto, the expansion of a beer and wine bar to include intoxicating liquor, as that term is defined by the Florida Statutes, and the expansion of a bar use to a nightclub use. Nothing in this subsection may be construed as an attempt to modify any prohibition or diminish any requirement of State law.

(2)

Abandonment. Any uses, created and established in a legal manner, which thereafter become nonconforming, may continue until there is an abandonment of the permitted location for a continuous six-month period. For the purposes of this subsection, the term "abandonment" means failure to use the location for consumption on the premises purposes as authorized by the special exception, administrative approval, or other approval. Once a nonconforming use is abandoned, it cannot be reestablished unless it conforms to the requirements of this chapter, and new permits are issued.

(h)

Bottle clubs.

(1)

Bottle clubs operating under a valid special permit as of September 18, 1996, are nonconforming uses.

(2)

No new bottle clubs will be allowed in any zoning district. This subsection supersedes and repeals any existing County regulations in conflict herewith.

(LDC 1994, § 34-1264; Zoning Ord. 1993, § 202.03(D); Ord. No. 94-24, § 34, 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. 99-05, § 9, 6-29-1999; Ord. No. 05-14, § 6, 8-23-2005; 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. 15-11, § 1, 6-16-2015; Ord. No. 15-15, § 1, 11-17-2015; Ord. No. 16-19, § 10, 11-15-2016; Ord. No. 19-03, § 7, 4-2-2019; Ord. No. 22-11, § 8(34-1264), 5-17-2022; Ord. No. 25-12, § 2, 6-17-2025)

(a)

The Board has the authority to revoke an alcoholic beverage special exception, administrative approval, or other alcohol related approval on the following grounds:

(1)

Evidence shows the applicant knowingly submitted false or misleading information in the request;

(2)

The approval was granted based on a mutual mistake of fact;

(3)

Violation of a condition of the approval;

(4)

Violation of the Land Development Code provisions related to the alcoholic beverage use;

(5)

The operation of or change to the alcoholic beverage use is materially inconsistent with the minimum standards of the special exception or the review criteria for the use;

(6)

The operation of or change to the alcoholic beverage use materially alters the information, configuration, basis, or circumstances presented by the applicant and on which the approval was granted;

(7)

The alcoholic beverage permit property had more than two findings of violation of a County ordinance within the 12-month period preceding the revocation hearing;

(8)

Revocation of the permit holder's State alcoholic beverage license;

(9)

Failure to maintain a State liquor license on the premises; or

(10)

Abandonment of the premises. If an establishment maintains a State liquor license, the premises will not be deemed abandoned for the purposes of this subsection, even though active business with the public may have been temporarily suspended.

(b)

The Board or Director may initiate the revocation of the alcoholic beverage approval.

(c)

The notice to the permit holder, scheduling of the hearing, and conduct of the revocation hearing will be in accordance with the Section 2-420 et seq. process. At the conclusion of the hearing, the Hearing Examiner will prepare a recommendation to the Board, who will make the final decision on the revocation.

(d)

If the Board revokes an alcoholic beverage permit, the County may not consider a request for an alcoholic beverage permit on the same property for 12 months from the date of final action on the revocation.

(LDC 1994, § 34-1265; Ord. No. 15-15, § 1, 11-17-2015)

The keeping, raising or breeding of horses and other livestock, including poultry of all kinds usually and customarily considered as farm animals, and the keeping, raising or breeding of reptiles, marine life or animals not indigenous to the State, may be permitted only as set forth in this division. This will not be interpreted as applying to pet stores or hobbyists keeping aquariums or domestic tropical birds in their own homes. 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, § 34-1291; Zoning Ord. 1993, § 202.04(A); Ord. No. 98-03, § 5, 1-13-1998; Ord. No. 21-08, § 9, 6-1-2021)

The keeping, raising or breeding of horses or other equines is a permitted use or special exception in the AG, RS-4, RS-5 and MH-4 Districts and in the RPD, MHPD, and MPD Districts when approved as part of the Master Concept Plan, as follows:

(1)

Lot size. The minimum lot area required for a stable or other roofed structure for horses or other equines is as follows:

a.

Private stables: 40,000 square feet.

b.

Boarding stables: Five acres.

c.

Commercial stables: Ten acres.

(2)

Setback. Except as provided in Section 34-1296(b), any stable or other roofed structure for the keeping, raising or breeding of horses or other equines must be set back the following minimum distances from any property zoned RSC, RS (excluding RS-4 and RS-5), TFC, TF, RM, MHC, MH (excluding MH-4), RV, RPD, MHPD and MPD (except for those areas of RPDs, MHPDs and MPDs approved for stables), and any CFPD or CF districts approved for residential, health care or social service living facilities:

a.

Private stables: 35 feet.

b.

Boarding stable: 100 feet.

c.

Commercial stables: 200 feet.

(3)

Commercial stables. Commercial stables are permitted by special exception, as specified in zoning district regulations, provided that there is compliance with this division. Commercial stables may allow horse shows and exhibitions, which may include riding exhibitions, riding lessons, dressage, roping and cutting, as ancillary uses subject to the following:

a.

A site plan must be submitted with the application for the special exception, showing all existing and proposed facilities, providing sufficient capacity for the size of the operation and sufficient off-street parking for entrants and guests.

b.

In no instance may more than 15 horses (outside entrants) participate at any one-horse show or exhibition, except in conformance with Section 34-3045.

c.

Activities may not begin prior to 7:00 a.m., nor continue later than 12:00 a.m.

d.

Artificial lighting used to illuminate the facilities must be directed away from adjacent properties and streets.

e.

Music and noise audible at the property line must be measured and restricted as provided in the Lee County Noise Control Ordinance, codified in Lee County Code Chapter 19, Article VI, as subsequently amended.

f.

A refreshment stand may be permitted as an accessory use to a horse show or exhibition.

g.

Maximum length of time may not exceed three days.

(LDC 1994, § 34-1292; Zoning Ord. 1993, § 202.04(B); Ord. No. 98-03, § 5, 1-13-1998; Ord. No. 16-19, § 10, 11-15-2016)

(a)

Except as provided in Section 34-1296(b), the keeping, raising and breeding of goats, sheep or swine may be permitted in any AG District as follows:

(1)

Goats, sheep and swine may not be kept or allowed to run within 100 feet of any dwelling unit under separate ownership unless the property on which the dwelling unit is located is being used for bona fide agricultural purposes.

(2)

Buildings or other roofed structures for keeping of goats, sheep or swine must be set back a minimum of 300 feet from any dwelling unit under separate ownership unless the property on which the dwelling unit is located is being used for bona fide agricultural purposes.

(b)

The keeping and raising of Vietnamese pot-bellied pigs (sus scrofa bittatus) as a household pet is allowed in all residential districts. Vietnamese pot-bellied pigs are limited to no more than four pigs per dwelling unit. No other species of pig or hog may be kept or maintained in residential districts within the unincorporated areas of the County.

(LDC 1994, § 34-1293; Ord. No. 98-03, § 5, 1-13-1998)

Except as provided in Section 34-1296(b), the keeping, raising and breeding of chickens or other poultry is permitted in any AG District and as approved by Special Exception in RS-4 and RS-5 Districts, provided that no coop or other structure for housing chickens or poultry is located closer than 100 feet to any dwelling unit under separate ownership unless the property on which the dwelling unit is located is being used for bona fide agricultural purposes.

(LDC 1994, § 34-1294; Ord. No. 98-03, § 5, 1-13-1998; Ord. No. 13-10, § 10, 5-28-2013)

Except as provided in Section 34-1296(b), dairy barns and commercial poultry-raising buildings must be set back a minimum of 300 feet from any dwelling unit under separate ownership unless the property on which the dwelling unit is located is being used for bona fide agricultural purposes.

(LDC 1994, § 34-1295; Ord. No. 98-03, § 5, 1-13-1998)

(a)

When a specific setback for an accessory building or structure is not provided in this division, the setbacks will be the same as for other accessory buildings or structures (see Division 2 of this article).

(b)

The minimum setbacks set forth in Sections 34-1292 through 34-1295 will not be applicable to those facilities legally in existence and operation prior to residential zoning being approved closer than the required setbacks.

(LDC 1994, § 34-1296; Ord. No. 98-03, § 5, 1-13-1998)

(a)

Due to possible adverse effects on the natural environment, or the potential hazard to surrounding property or the general public, the following activities are authorized only by special exception in certain zoning districts:

(1)

The keeping, raising or breeding of:

a.

American alligators or venomous reptiles;

b.

Marine life which requires the storage of brackish or saline water;

c.

Domestic tropical birds for commercial purposes; and

d.

Class I and II animals (df).

(b)

All special exceptions authorizing the keeping, raising or breeding of American alligators, venomous reptiles, Class I animals or Class II animals must specify the number and type of animals permitted thereby.

(c)

Class I animals maintained on a lot in accordance with State permits issued pursuant to F.S. Ch. 379 prior to September 9, 1994, but which were not permitted by right or by special exception in the zoning district in which the lot is located, are considered nonconforming uses.

No new, additional, or replacement Class I animals will be permitted on such lots so long as the possession of these animals is not otherwise permitted by the operation of these zoning regulations.

(d)

The provisions of this section do not apply to the possession of ostrich, cassowary, rhea or emu for the production of meat, skins or hides, feathers, or progeny thereof as part of a bona fide agricultural operation in an Agricultural District.

(LDC 1994, § 34-1297; Zoning Ord. 1993, § 202.04(G); Ord. No. 94-02, § 2, 1-19-1994; Ord. No. 94-24, § 35, 8-31-1994; Ord. No. 96-06, § 5, 3-20-1996; Ord. No. 98-03, § 5, 1-13-1998; Ord. No. 13-10, § 10, 5-28-2013; Ord. No. 19-03, § 7, 4-2-2019)

Kennels, animal clinics and boarding facilities are limited to the raising, breeding, treating, boarding, training, grooming and sale of domestic animals.

(LDC 1994, § 34-1321; Zoning Ord. 1993, § 516)

Except as specifically provided in this division, all animal clinics, animal kennels and boarding facilities shall be completely enclosed within an air conditioned, soundproof building and shall have no outdoor cages, pens, runs or exercise facilities.

(1)

Completely enclosed facilities. Any animal clinic, kennel or boarding facility permitted by right or by special exception, as specified in the zoning district regulations, shall be required to meet the minimum lot size and setback requirements for the zoning district in which located.

(2)

Facilities not completely enclosed. Any animal clinic, kennel or boarding facility which contains outdoor pens, cages, runs or exercise facilities shall be required to meet the following minimum requirements in addition to the regulations in the applicable zoning district:

a.

Lot size. Minimum lot size is two acres.

b.

Setbacks. No portion of any pen, cage, run or other outdoor exercise facility shall be located closer than 200 feet to any abutting lot or parcel under separate ownership, or from any street right-of-way line or easement.

(LDC 1994, § 34-1322; Zoning Ord. 1993, § 516(A); Ord. No. 09-23, § 10, 6-23-2009)

Editor's note— Ordinance No. 13-10, § 10, adopted May 28, 2013, repealed Section 34-1381, which pertained to purpose of the division and derived from § 505(A) of the 1993 Zoning Ordinance.

All applications for a special exception or change of use for a bus station/depot or bus terminal shall include a site plan, drawn to scale, indicating but not limited to, following:

(1)

The location of the bus stalls.

(2)

Commuter parking.

(3)

Taxi waiting stalls.

(4)

Circulation pattern of the buses within and through the parking lot.

(5)

Bus ingress and egress points to or from the parking lot.

(6)

The location of the building housing the bus station/depot or bus terminal and the area designated for a waiting area, to include the storage and handling of luggage and parcels.

(LDC 1994, § 34-1382; Zoning Ord. 1993, § 505(B))

(a)

The site plan shall be designed so that the location of ingress and egress points are adequate and the turning radii for buses are in accordance with the design standards as depicted in the latest edition of the publication of the American Association of State Highway and Transportation Officials (AASHTO), A Policy on Geometric Design of Highways and Streets, in order to provide safe and efficient maneuverability.

(b)

All buses exiting a parking lot must enter the street right-of-way in a forward motion.

(c)

The site plan shall ensure safe and adequate access to collector or arterial streets.

(LDC 1994, § 34-1383; Zoning Ord. 1993, § 505(C))

(a)

Off-street parking. The parking for a bus station/depot or bus terminal where the loading and unloading of passengers, luggage or parcels may occur shall meet the following minimum requirements:

(1)

One parking space, excluding parking space for buses, shall be required per 100 square feet of total floor area dedicated to passenger waiting area, and one space shall be required per 1,000 square feet of total floor area dedicated to ticket sales or baggage or parcel handling areas.

(2)

Parking spaces shall be required for all buses using the site. A minimum of one bus parking space shall be required for each bus carrier using the facility. If arrival and departure times run concurrently, then additional parking must be provided to ensure that each bus has a separate parking space.

(3)

The parking spaces for each bus stall shall be designated by signage and pavement markings.

(4)

Each bus parking stall shall be a minimum of 12 feet by 50 feet in size for parallel or diagonal parking.

(5)

All required parking shall have a paved, dust free, all-weather surface.

(6)

For every 12 daily scheduled bus arrivals and departures, or a portion thereof, at locations where passengers may disembark, one parking space for taxicabs and one parking space for commuters shall be required.

(b)

On-street parking. In some instances, it may be appropriate for a bus station/depot to have the buses parked within an adjacent road right-of-way. In all such instances, the location of the bus turnout, proximity to the bus station/depot and how the bus will enter and exit the turnout must be shown on the site plan.

(LDC 1994, § 34-1384; Zoning Ord. 1993, § 505(D))

(a)

In addition to the requirements of Section 34-1384(a), where bus terminals are permitted by right or special exception, the following parking requirements shall apply:

(1)

One space for each 2,000 square feet of total floor area, with a minimum of five parking spaces, shall be required for buildings or structures dedicated to the housing of buses;

(2)

Adequate parking shall be provided for the outdoor storage of buses, if such storage is required; and

(3)

Where a bus terminal is used solely for the transient housing or parking of buses, the parking requirements of Section 34-1384(a) shall not apply.

(b)

On-street parking as described in Section 34-1384(b) shall not be approved in conjunction with bus terminals.

(LDC 1994, § 34-1385; Zoning Ord. 1993, § 505(F))

The Hearing Examiner has the authority, where a bus station/depot is permitted by special exception, to alter the requirements of Sections 34-1384(a)(1) and (6) where the size of the station/depot, frequency of use and destination of passengers may warrant a lesser or greater number of parking spaces.

(LDC 1994, § 34-1386; Zoning Ord. 1993, § 505(G))

Where a bus station/depot has been approved by special exception, any additions, renovations or other expansions or increase in intensity, beyond that which was originally approved, will require a special exception.

(LDC 1994, § 34-1387; Zoning Ord. 1993, § 505(E))

(a)

Applicability. This section applies to all park-and-ride parking lots, as defined by Section 34-2, that constitute the principal use of the property.

(b)

Property development regulations. The minimum lot area, lot dimensions and setbacks must comply with the minimum requirements for the zoning district in which the use is located unless otherwise authorized by the Director.

(c)

Landscaping. Landscaping must be provided in compliance with Section 10-416.

(d)

Access and design. Park-and-ride lots must have access in compliance with Section 34-2013 and be designed in compliance with Section 10-260.

(e)

Pedestrian accommodations. Pedestrian accommodations, as defined in Section 10-1, must connect the park-and-ride lot to the abutting bus station/depot or bus stop. A parking plan consistent with Section 10-260 must be provided.

(f)

Prohibited uses. Park-and-ride lots must not be used for storage of vehicles.

(LDC 1994, § 34-1388; Ord. No. 13-10, § 10, 5-28-2013; Ord. No. 26-07, § 5, 6-16-2026)

(a)

Generally. Assisted living facilities (ALFs) are permitted by right or special exception as specified in the district use regulations or as approved as part of a Master Concept Plan in the RPD, CFPD, CPD or MPD Districts. Density must be calculated in accordance with Division 12 of this article based on the density ranges for the land use category in which the subject property is located.

(b)

Design. An assisted living facility must be designed so as to appear as, and be compatible with, adjacent residential buildings.

(c)

Lot dimensions and setbacks. Assisted living facilities are subject to the property development regulations applicable to the zoning district within which they are located.

(d)

Parking. Refer to Division 26 of this article.

(e)

Location. No ALF may be established within the Coastal High Hazard Area of the County unless the ALF facilities demonstrate compliance with the hurricane preparedness impact mitigation provisions set forth in Chapter 2.

(f)

Density. Density equivalents for assisted living facilities (ALFs) will be calculated based on the ratios set forth in Section 34-1494.

(LDC 1994, § 34-1411; Zoning Ord. 1993, § 502; Ord. No. 96-06, § 5, 3-20-1996; Ord. No. 96-17, § 5, 9-18-1996; Ord. No. 03-16, § 6, 6-24-2003; Ord. No. 09-23, § 10, 6-23-2009; Ord. No. 14-13, § 7, 6-17-2014; Ord. No. 19-03, § 7, 4-2-2019; Ord. No. 21-08, § 9, 6-1-2021)

(a)

Generally. Continuing care facilities (CCFs) may only be located in a RPD, CFPD, and MPD Districts, as enumerated on the Master Concept Plan, provided that:

(1)

Continuing care facilities are subject to the density ranges for the land use category applicable to the subject property.

(2)

A continuing care facility must contain one or more health care facilities Group I or II, for on-site patient care.

(b)

Design; required facilities.

(1)

A continuing care facility must provide housing for older persons pursuant to Title VII USC.

(2)

A continuing care facility must provide full common dining facilities on the site. Individual units may be equipped with kitchens, but an average of at least one meal a day must be provided by the continuing care facility for all residents.

(3)

A continuing care facility must incorporate one or more resident services on the site, such as banking facilities, barbershops or beauty shops, pharmacies, and laundry or dry cleaning.

(4)

A continuing care facility must provide a shuttle bus service or similar transportation service for residents.

(c)

Density. Density equivalents for continuing care facilities (CCF) will be calculated based on the ratios set forth in Section 34-1494.

(d)

Lot dimensions and setbacks. Continuing care facilities are subject to the property development regulations applicable in the CFPD District.

(e)

Parking. Refer to Division 26 of this article.

(f)

Location. No CCF may be established within the Coastal High Hazard Area of the County unless those facilities demonstrate compliance with the hurricane preparedness impact mitigation provisions set forth in Chapter 2. CCFs to be located in Category 2 or 3 land-falling storm areas must provide hurricane shelter facilities on site in accordance with Chapter 2.

(LDC 1994, § 34-1414; Zoning Ord. 1993, § 534; Ord. No. 96-06, § 5, 3-20-1996; Ord. No. 96-17, § 5, 9-18-1996; Ord. No. 09-23, § 10, 6-23-2009; Ord. No. 16-19, § 10, 11-15-2016; Ord. No. 19-03, § 7, 4-2-2019; Ord. No. 21-08, § 9, 6-1-2021)

No new Healthcare Facilities Groups I, II, or IV may be established within the Coastal High Hazard Area of the County unless those facilities demonstrate compliance with hurricane preparedness impact mitigation provisions set forth in Chapter 2.

Healthcare Facilities Groups I, II or IV located in Category 2 or 3 land-falling storm areas must provide shelter facilities on site in accordance with Chapter 2.

Healthcare Facilities Groups I, II or IV located in areas of special flood hazard where base flood elevation data has been provided as set forth in Chapter 6, Article IV must also comply with the standards set forth in Chapter 6, Article IV, Division 3, Subdivision VII.

(LDC 1994, § 34-1415; Ord. No. 09-23, § 10, 6-23-2009; Ord. No. 19-03, § 7, 4-2-2019)

The purpose and intent of this division is to:

(1)

Promote the health, safety and general welfare of the public by regulating the siting of wireless communications facilities;

(2)

Minimize the impacts of wireless communications facilities on surrounding areas by establishing standards for location, structural integrity, and compatibility;

(3)

Accommodate the growing need and demand for wireless communications services;

(4)

Provide for the location (and collocation) of wireless communications equipment on buildings so as to minimize visual, aesthetic, and public safety impacts, and adverse effects upon the natural environment and wildlife, including without limitation, avian flyways;

(5)

Provide for the collocation of wireless communications equipment on existing antenna-supporting structures, especially where it will reduce the need for additional antenna-supporting structures;

(6)

Encourage coordination between providers of wireless communications services in Lee County;

(7)

Protect the character, scale, stability, and aesthetic quality of the residential districts of the County by imposing certain reasonable restrictions on the placement of amateur radio antennas that are over 50 feet in height;

(8)

Respond to the policies embodied in the Telecommunications Act of 1996 in such a manner as not to unreasonably discriminate between providers of functionally equivalent personal wireless service or to prohibit or have the effect of prohibiting personal wireless service in the County;

(9)

Establish predictable and balanced regulations governing the construction and location of wireless communications facilities, within the confines of permissible local regulation;

(10)

Establish review procedures to ensure that applications for wireless communications facilities are reviewed and acted upon within a reasonable period of time; and

(11)

Require the timely removal of antennas and antenna-supporting structures, the use of which has been discontinued.

(LDC 1994, § 34-1441; Ord. No. 03-11, § 1, 4-8-2003)

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

Amateur radio antenna will have the meaning set forth in Section 34-1175(c).

Ancillary appurtenances means equipment associated with a wireless communications facility, including, but not limited to, antennas, antenna concealment screening, attaching devices, transmission lines, and other equipment associated with a wireless communications facility. Ancillary appurtenances do not include equipment enclosures.

Antenna means any apparatus, or group of apparatus, designed for the transmitting and receiving of electromagnetic waves that, includes, but is not limited to, telephonic, radio, or television communications. Antennas include omni-directional (whip) antennas, sectorized (panel) antennas, microwave dish antennas, multi or single bay (FM and TV), yaggie, or parabolic (dish) antennas, but do not include satellite earth stations.

Antenna concealment screening means panels, covers, or other methods that screen the visibility of antennas.

Antenna, dish, means a parabolic, spherical, or elliptical antenna intended to receive wireless communications.

Antenna, flush-mounted, means a dual-polarization antenna that is attached flush to an antenna-supporting structure, without the use of sidearms or other extension devices.

Antenna, panel, means a directional antenna, with more than one panel per sector, designed to transmit and/or receive signals in a directional pattern that is less than 360 degrees.

Antenna, roof-mounted, means an antenna mounted on the roof of a building, that extends above the roofline by 20 feet or less. An antenna mounted on the roof of a building that extends more than 20 feet above the roofline is an antenna-supporting structure.

Antenna, surface-mounted, means an antenna that is attached to the surface or facade of a building or structure other than an antenna-supporting structure including, without limitation, billboards, utility poles and water towers.

Antenna, whip, means a cylindrical, omni-directional antenna designed to transmit and/or receive signals in a 360-degree pattern.

Antenna-supporting structure means a vertically projecting structure, including any foundation, designed and primarily used to support one or more antennas or which constitutes an antenna itself. The term "antenna-supporting structure" means and includes roof-mounted antennas that extend above a roofline by more than 20 feet. For the purposes of this division, a utility pole not exceeding 40 feet in height will not be construed to be an antenna-supporting structure.

Antenna-supporting structure, broadcast, means an antenna-supporting structure, including replacements, which contains antennas that transmit signals for broadcast radio and television communications.

Antenna-supporting structure, guyed, means a style of antenna-supporting structure supported by a series of guy wires that are connected to anchors placed in the ground or on a building.

Antenna-supporting structure, lattice, means a style of stand-alone antenna-supporting structure, not supported by guy wires, which consists of vertical and horizontal supports with multiple legs and cross-bracing.

Antenna-supporting structure, monopole, means a style of stand-alone antenna-supporting structure that is composed of a single shaft attached to a foundation with external antennas. This type of antenna-supporting structure is designed to support itself without the use of guy wires or other stabilization devices.

Antenna-supporting structure, replacement, means an antenna-supporting structure intended to replace an antenna-supporting structure in existence at the time of application.

Available space means the space on an antenna-supporting structure or other structure to which antennas are both structurally and electromagnetically able to be attached.

Balloon test means an event in which the applicant arranges to fly, or raise upon a temporary mast, for four consecutive days, a brightly colored balloon not less than three feet in diameter, at the maximum height and at the location of the proposed antenna-supporting structure.

Base station means a primary sending and receiving site in a wireless communication network. A wireless communication facility may support base stations for more than one provider.

Broadcast facility means a wireless communications facility used for the transmission and reception of commercial radio or television signals.

Collocated or collocation means the addition or replacement of an antenna on an existing structure that has been previously approved for the placement of antenna. The term "collocated" includes the ground, platform or roof installation of equipment enclosures and ancillary accessories associated with the location and operation of the antenna.

Combined antenna means an antenna designed and utilized to provide services by more than one provider.

Equipment enclosure means an enclosed structure, cabinet, or shelter used to contain radio or other equipment necessary for the transmission or reception of wireless communications signals and support of a wireless communications facility, but not used primarily to store unrelated equipment or used as habitable space.

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission.

Geographic search area means the area in which an antenna is proposed to be located in order to provide the provider's designed service.

Letters of coordination means documentation provided by the applicant that the following notice was mailed, via certified mail, to all providers or, where applicable, owners of existing antenna-supporting structures, and that the applicant was unable to secure a lease agreement to allow the placement of the proposed antenna on an existing structure or building within the geographic search area:

Text of required notice:

"Pursuant to the requirements of the Lee County Land Development Code, (name of applicant) is hereby providing you with notice of our intent to meet with the Lee County Department of Community Development in a pre-application conference to discuss the location of a freestanding wireless communications facility that would be located at (location). We plan to construct an antenna-supporting structure of (number of) feet in height for the purpose of providing (type of wireless service). Please inform the County and us if either of the following applies:

a.

You intend to place additional wireless communications facilities within two miles of our proposed facility; or

b.

You know of an existing building or structure that might accommodate the antennas associated with our proposed facility.

Please provide us with this information within ten days following the receipt of this letter.

Sincerely, (applicant, wireless provider)"

Letters of coordination must be mailed at least 15 days prior to the pre-application conference required by this division and must request a response from the recipient within ten days of receipt.

Overall height means the height of a wireless communications facility measured as set forth in Section 34-2171, but without any adjustment for minimum required flood elevation. Overall height includes all antennas and other ancillary appurtenances.

Personal wireless service means commercial mobile services (which include cellular, personal communication services, specialized mobile radio, enhanced specialized mobile radio, and paging), unlicensed wireless services, and common carrier wireless exchange access services, as defined in the Telecommunications Act of 1996.

Provider means a business, corporation, partnership, or other entity licensed by the FCC to provide wireless services in Lee County, Florida.

Repeater means a small receiver or relay transmitter of low power output relative to a base station output, designed to provide service to areas that are not able to receive adequate coverage directly from a base station.

Roofline means the uppermost line of the roof or parapet, whichever is lower.

Satellite earth station means the same as set forth in Section 34-1175(c).

Shared use plan means a plan that includes the following:

(1)

A signed statement from the antenna-supporting structure owner agreeing to allow multiple providers to collocate on the structure, where reasonable and structurally feasible; and

(2)

A written evaluation of the feasibility of accommodating future collocations. Such evaluation must address the following, as appropriate:

a.

Structural capacity of the proposed antenna-supporting structure;

b.

Radio frequency limitations impacting the ability to accommodate collocations;

c.

Geographical search area requirements;

d.

Mechanical or electrical compatibility;

e.

Any restrictions imposed upon the facility by the FCC that would preclude future collocations; and

f.

Additional relevant information as required by the County.

Sight lines means a graphic representation consisting of:

(1)

Using the USGS Quadrangle Map, at a scale of 1:25,000 as a base map, a minimum of eight view lines, shown beginning at True North and continuing clockwise at 45-degree intervals in a two-mile radius from the site; and

(2)

A plan map of a circle of two miles radius of the communication facility site on which any areas from which the proposed communication facility will be visible must be indicated.

Small wireless facility means a wireless facility that meets both the following qualifications:

(1)

Each antenna associated with the facility is located inside an enclosure of no more than six cubic feet in volume or, in the case of antennas that have exposed elements, each antenna and all of its exposed elements could fit within an enclosure of no more than six cubic feet in volume; and

(2)

All other wireless equipment associated with the facility is cumulatively no more than 28 cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meters, concealment elements, telecommunications demarcation boxes, ground-based enclosures, grounding equipment, power transfer switches, cut-off switches, vertical cable runs for the connection of power and other services, and utility poles or other support structures.

Utility pole means a vertical structure used primarily by publicly regulated utilities or for street lighting and located within a street right-of-way, road easement or public utility easement.

Utility pole, replacement, means a vertical structure used primarily by publicly regulated utilities or for street lighting and located within a street right-of-way, road easement or public utility easement limited to 40 feet in height to accommodate wireless communication facilities.

Wireless communications means any personal wireless service, radio and television broadcast services, and any other radio frequency signals, including amateur radio.

Wireless communications facility means any facility used for the transmission and reception of wireless communications, usually consisting of an antenna or group of antennas, base station, transmission lines, ancillary appurtenances, equipment enclosures, or repeaters, and may include an antenna-supporting structure. Any of the following will be considered a wireless communications facility antennas, antenna-supporting structures (including replacement and broadcast), base stations, equipment enclosure, roof-mounted antennas, surface-mounted antennas, repeaters, and amateur radio facilities.

Wireless communications facility site means a property, or any part thereof, owned or leased by one or more providers and upon which one or more wireless communications facilities and required landscaping are located.

(LDC 1994, § 34-1442; Ord. No. 03-11, § 1, 4-8-2003; Ord. No. 11-08, § 10, 8-9-2011; Ord. No. 17-22, § 2, 12-5-2017; Ord. No. 19-03, § 7, 4-2-2019)

(a)

Except as provided in Subsection (b) of this section, this division applies to the installation, construction, or modification of wireless communications facilities.

(b)

The following items are exempt from the provisions of this division:

(1)

Amateur radio antenna with an overall height of 50 feet or less. Any such structure may be developed only in accordance with the provisions of Section 34-1175.

(2)

Satellite earth stations, other than broadcast, may only be developed in accordance with Section 34-1175.

(3)

Maintenance of existing wireless communications facilities that does not include the placement or replacement of a wireless communications facility.

(4)

Replacement or modification of antennas, ancillary appurtenances or other equipment with facilities that are substantially similar or of the same or smaller size, and that does not substantially change the physical dimensions of the wireless communications facility when viewed from ground level from surrounding properties.

(5)

Wireless communications facilities erected as a temporary use, that receives a temporary use permit pursuant to the provisions of Section 34-3041.

(6)

Wireless communications facilities erected upon the declaration of a state of emergency by a federal, State, or local government. However, no wireless communications facility will be exempt pursuant to this section unless the Director of Public Safety makes a determination of public necessity for the facility. The written determination must be submitted to the Director. No wireless communications facility will be exempt from the provisions of this division beyond the duration of the state of emergency, and such facility must be removed within 90 days of the termination of the state of emergency.

(7)

Collocation of antennas on existing antenna-supporting structures that:

a.

Do not increase the height of the existing structure, as measured to the highest point of any part of the structure or any existing antenna attached to the structure;

b.

Do not increase the approved ground wireless communication facility site; and

c.

Are of a design and configuration consistent with all of the applicable design and aesthetic regulations, restrictions or conditions, if any, applied to the first antenna placed on the structure or applied to the structure itself.

(8)

Placement of a small wireless facility in the public rights-of-way. The placement is small wireless facilities in the public rights-of-way shall be subject to the provisions of Chapter 6, Article VII.

(LDC 1994, § 34-1443; Ord. No. 03-11, § 1, 4-8-2003; Ord. No. 11-08, § 10, 8-9-2011; Ord. No. 17-22, § 2, 12-5-2017)

(a)

Except as provided below, a wireless communications facility may be permitted only in accordance with Section 34-1447 and the provisions of this chapter. Regardless of the process required, the applicant must comply with all submittal, procedural, and substantive provisions of this chapter. Variances or deviations from the requirements of this division may be granted only in accordance with the requirements of Section 34-1453 for a variance.

(b)

Exceptions.

(1)

Broadcast antenna-supporting structures in excess of 250 feet will only be allowed within an Agricultural Zoning District by variance in accordance with the requirements of Section 34-1453. Broadcast studios are not allowed in the Agricultural Zoning District and must comply with all other applicable zoning and development regulations.

(2)

The first antennas proposed to be mounted on existing buildings or structures must apply for administrative review as set forth in Section 34-1445(b). Collocations, other than those under Section 34-1443(b)(7), shall follow the procedures indicated in Section 34-1445.

(3)

On the barrier islands, Greater Pine Island (see Section 33-1084), and within the outer island future land use areas, the overall height of wireless communications facilities must not exceed 35 feet or the height limitation set forth in Section 34-2175.

(4)

Wireless communications facilities are prohibited in the Density Reduction/Groundwater Resource (DR/GR) Future Land Use areas, wetlands, environmentally critical zoning districts and areas readily visible from the University Window Overlay, except for:

a.

Antenna-supporting structures;

b.

Surface-mounted and flush-mounted antennas; and

c.

Collocations.

The design of any facility proposed in these areas must be reviewed in accordance with the provisions of Section 34-1445 and Section 34-1447.

(LDC 1994, § 34-1444; Ord. No. 03-11, § 1, 4-8-2003; Ord. No. 07-19, § 6, 5-29-2007; Ord. No. 09-05, § 2, 2-25-2009; Ord. No. 11-08, § 10, 8-9-2011)

(a)

Preapplication conference.

(1)

Prior to submitting an application for a wireless communication facility, the applicant may file a request for a pre-application conference with the Director. The purpose of the pre-application conference is to acquaint the participants with the applicable requirements of this chapter and with preliminary concerns of the Department.

(2)

The applicant's written request for a pre-application conference must include the following information with regard to the proposed facility:

a.

Location and existing conditions;

b.

Overall height;

c.

Number of antennas proposed (including those of other providers);

d.

Type of wireless communications to be provided; and

e.

Proof that the letters of coordination were mailed.

(3)

Among the matters to be addressed at the pre-application meeting are:

a.

The ability of the proposed wireless communication facility to accommodate future collocations;

b.

Alternative locations or facility configurations that may result in reduced impacts on adjacent properties and the surrounding community;

c.

Compatible colors for the proposed facility;

d.

The vantage points from which required photo-simulated post-construction renderings must be oriented;

e.

The need for variances or deviations from the provisions of this chapter; and

f.

The expected date of application and a preliminary schedule for development review.

(b)

Zoning.

(1)

Administrative review. Where provided by this division, new antenna-supporting structures may be administratively approved in accordance with Section 34-174.

(2)

Special exception.

a.

Where, pursuant to Table 34-1447, a special exception is required, the application must be reviewed pursuant to the provisions of Section 34-145(c) and this division.

b.

Appeal. The Director or any aggrieved party may appeal decisions of the Hearing Examiner to the Board of County Commissioners following the procedures set forth in Section 34-83(b), Zoning Actions. The Board of County Commissioners will treat the decision of the Hearing Examiner as a recommendation and not as a final decision. Appeals must be filed with the Director within 30 calendar days after the decision has been rendered.

(c)

Building permits and development orders. Building permits and development orders are required for all wireless communication facilities in accordance with this chapter and Chapters 6 and 10.

(LDC 1994, § 34-1445; Ord. No. 03-11, § 1, 4-8-2003; Ord. No. 11-08, § 10, 8-9-2011; Ord. No. 15-15, § 1, 11-17-2015; Ord. No. 19-03, § 7, 4-2-2019)

(a)

Minimum required information for all wireless communication facilities applications. Every application for wireless communication facilities must include the following information. However, upon written request, on a form prepared by the County, the Director may modify the submittal requirements contained in this section where it can be clearly demonstrated that the submission will have no bearing on the review and processing of the application. The request for a waiver or modification must be submitted to the Director prior to submitting the application. A copy of the request and the Director's written response must accompany the application and will become a part of the permanent file. The Director's decision is discretionary and may not be appealed.

(1)

Documentation of authority and acceptance of responsibility for compliance with these regulations, executed by the property owner, the applicant, and the provider who will be placing antennas on the proposed or existing wireless communications facility.

(2)

The name, address, and telephone contact information for the owner of all proposed or existing antenna-supporting structures and wireless communication facilities; and an affidavit that such information will be updated annually or upon a change of ownership after the application is approved.

(3)

A license (and for broadcast structures, a construction permit) issued by the FCC to transmit radio signals in Lee County.

(4)

New antenna-supporting structures must demonstrate there are no existing suitable structures available or higher priority zoning districts in the geographic search area. As part of that demonstration, the application must include a graphical representation of the geographic search area.

(5)

A statement confirming the overall height of the facility and all other facilities on the subject property, in terms of grade and sea-level.

(6)

A letter:

a.

Demonstrating consent from the Executive Director of the Lee County Port Authority if the wireless communications facilities is to be located within the County airspace notification limits of Section 34-1107;

b.

Confirming review and recommendation from the Lee County Mosquito Control District, the Lee County Sheriff's Department and the Director of Public Safety or their respective designee, for any wireless communication facility exceeding 35 feet;

c.

Evidence of compliance with applicable Federal Aviation Administration requirements under 14 CFR 77, as amended, and evidence of proper Federal Communications Commission licensure, or other evidence of Federal Communications Commission authorized spectrum use.

These letters are not required for collocated and surface-mounted antennas.

(7)

A survey of the subject property completed by a registered land surveyor which shows all existing conditions. This requirement does not apply to roof-mounted and surface-mounted antennas.

(8)

Photo-simulated post-construction renderings of the proposed wireless communications facility, equipment enclosures, and ancillary appurtenances as they would look after construction from areas where the proposed wireless communication facility will be visible according to the balloon test and sight lines. This requirement does not apply to collocations.

(9)

Shared use plan or copy of an executed shared use plan for the existing facility. (This is not required for a broadcast facility until such time as a request is made to collocate personal wireless service equipment.)

(10)

For new antenna support structures, to allow a determination that there are no existing structures on which the provider's proposed antennas could be located, a list and map identifying all existing wireless communications facilities to which the proposed facility will be a handoff candidate, including latitude, longitude, and power levels of each.

(11)

Floor plans, elevations, and cross sections at a scale no smaller than one-fourth-inch equals one foot (1:48) of any proposed accessory structure.

(12)

To scale elevation drawings, indicating the roof, facades, doors, and other exterior appearance and materials of the proposed wireless communication facility (signed and sealed by a professional engineer).

(b)

Additional required information for wireless communication facilities requiring a public hearing. In addition to the submittals required by Sections 34-202 and 34-203, and the requirements of Subsection (a) of this section, the following information must be provided:

(1)

Lease required. If the property owner is not a provider, the application must include a copy of an executed lease agreement or memorandum of lease between the applicant or property owner and a provider. Where no lease agreement has been executed, the applicant must include an affidavit signed by a provider attesting to the provider's intent to make application for development order approval to place antennas on the wireless communications facility if the zoning application is approved.

(2)

For antenna-supporting structures, the graphic results of the balloon test conducted by the applicant pursuant to the requirements set forth in Subsection (d) of this section.

(c)

Additional information for wireless communication facilities required at time of application for a development order or building permit. In addition to the submittals required by Subsection (a) of this section, the following information must be provided along with the application for a development order or building permit:

(1)

A certificate of insurance as required by Section 34-1450.

(2)

Proof the wireless communications facility has been designed to withstand sustained winds in accordance with the Florida Building Code.

(3)

Proof the antenna-supporting structure has been designed so that, in the event of structural failure, it will collapse within the boundaries of the leased area of the lot on which it is located.

(4)

A stamped or sealed structural analysis of the wireless communication facility prepared by a professional engineer indicating the proposed and future loading capacity of the facility and specifying the design structural failure modes of the proposed facility; or, where the wireless communication facility is to be mounted on an existing building or structure, a stamped or sealed structural analysis prepared by a professional engineer showing the ability of the building or structure to carry the load of the wireless communication facility.

(5)

A landscape plan prepared by and bearing the seal of a landscape architect, including a narrative and calculations to ensure that the proposed landscaping will be in compliance with this Land Development Code. This requirement does not apply to roof-mounted or surface-mounted antennas.

(6)

Surety for removal. A financial surety or other form of financial guarantee, payable to the County, to ensure timely removal of the facility in the event of abandonment, non-use or cessation of use. The surety must conform with the following requirements:

a.

Approval required. The surety must be posted prior to issuance of a building permit or development order to guarantee the removal of the antenna-supporting structure. The amount of the surety must be acceptable to the Director. Additionally, before any surety instrument is accepted by the Director as in compliance with this section, the surety instrument must be reviewed and approved by the County Attorney's Office. Once approved and funded, the surety instrument must be filed with the clerk of the Board of County Commissioners.

b.

Types of surety.

1.

Cash performance bond.

2.

Other types of security. The Board may accept letters of credit or escrow account agreements or other forms of security provided the reasons for not obtaining the bond are stated and the County Attorney approves the document.

c.

Certified cost estimate required. The amount of the surety will be based upon a professional engineer's certified cost estimate of the cost of removing the antenna-supporting structure from the site and properly disposing of the dismantled antenna-supporting structure.

d.

Initial amount of surety. The required surety must be posted with the Board and made payable to the County in an amount equal to 110 percent of the full cost of removal of the wireless communication facility as set forth in the professional engineer's certified cost estimate.

e.

Annual increase required. The amount of the surety must be kept in full force and effect and must be increased by ten percent compounded for each year the antenna-supporting structure remains on the site.

f.

Surety to remain in effect. The approved surety must remain funded until the wireless communication facility is removed from the site and properly disposed of.

g.

County's use of surety funds. The County may use the posted surety funds to remove or secure a wireless communication facility upon a determination of abandonment, non-use or cessation of use as set forth in Section 34-1451. In the event the posted amount of surety funds is insufficient to cover the full cost of removal, the County may file a lien on the site property for the amount of unpaid costs, including legal fees.

h.

Exemption from surety requirement. The Director may, with approval from the County Attorney's Office, exempt a municipality or governmental entity from the surety requirement.

(d)

Balloon test. Within 35 calendar days after an application for an antenna-supporting structure has been deemed complete, the applicant must conduct a balloon test in accordance with the following regulations:

(1)

Seven to 14 calendar days in advance of the first test date, the applicant must advertise, in a newspaper of general circulation in the County, the dates (including a second date, in case of poor visibility on the initial date), times, and location of this balloon test. A copy of the ad and proof of publication must be provided to the Director as part of the application.

(2)

At least 14 calendar days in advance of this balloon test, the applicant must inform the Director, in writing, of the dates and times of the test.

(3)

The balloon must be flown for at least eight consecutive hours between 7:00 am and 7:00 pm on the dates chosen.

(4)

The applicant must provide photographs of the balloon taken from each sight line. The photographs must identify the sight lines and distances from the proposed antenna-supporting structure.

(LDC 1994, § 34-1446; Ord. No. 03-11, § 1, 4-8-2003; Ord. No. 11-08, § 10, 8-9-2011; Ord. No. 21-08, § 9, 6-1-2021)

The development regulations set forth herein apply to all wireless communications facilities as indicated.

(a)

Collocations.

(1)

Collocations on an antenna-supporting structure will be reviewed as follows:

a.

The expansion of the wireless communications facility site area must comply with the applicable zoning height and setback requirements for principal structures and be subject to ADD and LDO review.

b.

The portion of the collocation that does meet the requirements for exemption set forth in Section 34-1443(b)(7) is exempt and subject to no more than a building permit review.

(2)

Collocations on structures other than antenna-supporting structures that are not historic or in a historic district and that meet all of the following design restrictions shall be reviewed through an administrative review. The following design restrictions must be met:

a.

The collocation will not increase the height of the existing structure, as measured to the highest point of any part of the structure, or any existing antenna attached to the structure;

b.

The collocation will not increase the approved ground wireless communication compound area, if any; and

c.

All aspects of the collocation are of a design and configuration consistent with the requirements of Subsection (d) of this section and the applicable design and aesthetic regulations, restrictions of conditions, if any, applied to the first antenna placement on the structure that do not conflict with the requirements of Subsection (d) of this section. Regulations, restrictions, conditions, or permits applied to the first antenna placement or the structure that limit the number of collocations or require review processes inconsistent with this division will not apply.

(3)

Collocations on structures other than antenna-supporting structures that are not historic or in a historic district, but that will not meet all of the design restrictions of Subsection (a)(2) of this section will be reviewed as follows:

a.

The portion of the collocation that meets the design restrictions of (Subsection (2) of this section) will be reviewed through an administrative review.

b.

If the collocation involves only the expansion of the wireless communications facility site area, the expansion must comply with the applicable zoning height and setback requirements for principal structures and the requirements of Subsection (e) of this section and be subject to Administrative Action review and Limited Development Order review.

(4)

Collocation of an antenna on a Historic Structures or in a Historic District must be reviewed in accordance with the requirements for construction and placement of a new antenna and must comply with applicable Historic Preservation requirements under the Code.

(b)

Where permissible, antenna-supporting structures.

Table 34-1447. Permissible Antenna-Supporting Structure Heights, Locations and Applicable Review Process

Notes:

1

An antenna-supporting structure over 35 feet in height, but not over 75 feet in height, may be approved administratively only if it is not located within 1,000 feet of a property line of a parcel zoned residential or being used for a residential use.

2

Includes single-family, two-family, multiple-family, and mobile home residential zoning districts, recreational vehicle park districts, and residential, mobile home, recreational vehicle, residential planned developments, and Mixed-Use Planned Developments, and Planned Unit Developments.

3

Private recreational facilities planned developments.

4

A variance is required, in addition to the special exception, for an antenna-supporting structure which exceeds 75-foot height limit.

5

A variance is required, in addition to the special exception, for an antenna-supporting structure which exceeds the 149-foot height limit.

(c)

District impacts minimized.

(1)

Generally. Antenna-supporting structures must be located in a manner that is consistent with the County's interest in land use compatibility, within and between zoning districts, as set forth in this chapter's zoning district regulations, Section 34-611 et seq.

(2)

Siting priorities. In order to justify the construction of an antenna-supporting structure, the applicant must demonstrate that higher ranking alternatives in the following hierarchy, beginning with Subsection (c)(2)a of this section, do not constitute reasonable, compatible or feasible alternatives. Such demonstration must include a statement of position, qualifications, and experience by a qualified radio frequency engineer.

a.

Collocated or combined antennas.

b.

Surface-mounted antennas.

c.

Roof-mounted antennas.

d.

Antenna-supporting structures.

(3)

Proliferation minimized.

a.

Generally. No antenna-supporting structure will be permitted unless the applicant demonstrates that the proposed antenna cannot be accommodated on an existing building, structure or antenna-supporting structure.

b.

Additional documentation. Additional documentation may also be submitted to demonstrate compliance with this section:

1.

That no existing buildings or structures within the geographic search area meets the applicant's radio frequency engineering requirements;

2.

That no building or structure within the geographic search area has sufficient structural strength to support the applicant's radio frequency engineering requirements; or

3.

That there are other radio frequency engineering factors that render surface-mounted, roof-mounted or collocated wireless communication facilities unfeasible.

(4)

Zoning district priorities. In order to justify locating a proposed antenna-supporting structure within a zoning district lower in the hierarchy below, the applicant must adequately demonstrate that siting alternatives within higher ranked districts, beginning with Subsection (c)(4)a of this section, are not reasonable or feasible. This demonstration must include the submission of a statement of position, qualifications, and experience by a qualified radio frequency engineer.

a.

Industrial;

b.

Commercial;

c.

Marine-Oriented;

d.

Community Facilities (CF) and Airport Operations Planned Development (AOPD);

e.

Agricultural;

f.

Recreational Vehicle;

g.

Residential (including Mobile Home);

h.

Private Recreational Facilities Planned Development (PRFPD);

i.

Environmentally Critical (EC).

(d)

Visual impacts minimized.

(1)

Generally. Antennas must be configured in a manner that is consistent with the character of the surrounding community and must be of a color that blends with the structure to which it is attached, so that adverse visual impacts on adjacent properties are minimized. Antenna concealment screening should also be used when possible.

(2)

Monopole design required. Unless approved as either a roof-mounted or surface-mounted facility, all antenna-support structures must be a monopole, with all transmission cable/wiring concealed inside.

(3)

Antenna type priorities. In order to justify the use of an antenna-type lower in the hierarchy below, the applicant must adequately demonstrate that higher ranked alternatives in the following hierarchy, beginning with Subsection (c)(3)a of this section, are not reasonable or feasible. This demonstration must include the submission of a statement of position, qualifications, and experience by a qualified radio frequency engineer.

a.

Flush-mounted;

b.

Panel;

c.

Whip;

d.

Dish.

(4)

Camouflage, screening, taping, and placement.

a.

Color. Antenna-supporting structures and ancillary appurtenances, including transmission lines, must maintain a galvanized gray finish or other contextual or compatible color as determined by the County, except as otherwise required by the FAA or FCC.

b.

Fencing. The developer of a wireless communication facility must install a fence or wall not less than eight feet and not more than ten feet in height from finished grade to enclose the base of the antenna-supporting structure and equipment enclosures associated with any wireless communication facility. Access to the antenna-supporting structure must be controlled by a locked gate. The fence must be constructed in accordance with Section 34-1742. Not more than three strands of barbed wire, spaced six inches apart, may be allowed above the fence.

c.

Landscaping.

1.

A landscaped buffer of at least ten feet in width must be planted along the entire exterior perimeter of the fence or wall required by Subsection (d)(4)b of this section. Where the proposed antenna-supporting structure will be located adjacent to a residential or public recreational use, or a lot within a Residential Zoning District, the landscaped buffer must be at least 15 feet in width.

2.

A buffer required by this section must contain sabal palms planted ten feet on center, and a double hedge row of native shrubs. Section 10-420 planting standards must be met. The hedge must be maintained at a minimum height equivalent to the fence height. Except where the proposed antenna-supporting structure will be located adjacent to a residential lot, public recreational use, or right-of-way, the landscaped buffer must include six feet in height native canopy trees planted ten feet on center, instead of the sabal palms required above.

3.

Where these regulations would require existing facilities to meet current landscape requirements, the Director may reduce or eliminate such requirements if the Director determines that the requirements would be unreasonable, infeasible or otherwise inequitable under the circumstances. The Director's decision is discretionary and may not be appealed. Applicants may apply for a variance from the landscaping requirements herein.

d.

Other facilities.

1.

Roof-mounted facilities must be camouflaged by a parapet or other device, or otherwise situated so as to screen its visual impact along each sight line.

2.

Transmission lines placed on the exterior of a building must be camouflaged or otherwise shielded within an appropriate material that is the same color as, or a color consistent with, the building to which they are attached, as determined by the County.

3.

Surface-mounted antennas must be placed no less than 15 feet from the ground and, where proposed for placement on a building, must be camouflaged or otherwise shielded within an appropriate material that is the same color as, or a color consistent with, the building to which they are attached, as determined by the County.

e.

Taping. The developer of a wireless communication facility must install taping around the antenna-supporting structure in conformance with the following:

1.

The tape must be six-inch 3M Diamond Grade ^tm VIP Reflective Sheeting, Series 3990.

2.

The taping must start at 20 feet above surface.

3.

The taping must be at ten-foot intervals.

4.

The tape must be wrapped around the support pole and overlap by one inch for a good seal.

(e)

General property development regulations.

(1)

Setbacks.

a.

New facilities. All new antenna-supporting structures must meet the setback requirements for the zoning district in which they are proposed or a distance equal to their overall height from all lot lines of the fee property on which they are proposed, whichever is greater; unless a greater distance is required as a condition of the approval. A monopole with internal antennas must be setback a distance equal to one-half of its overall height from all lot lines of the fee property on which it is proposed, unless a greater distance is required as a condition of the approval, or a variance is granted.

b.

Replacement facilities. No replacement facility within the approved compound area may be placed closer to a lot line than the wireless communication facility it is replacing.

c.

Ancillary appurtenances, and equipment enclosures. Ancillary appurtenances, and equipment enclosures must meet the minimum setback requirements for the zoning district in which they are proposed, as well as those set forth in Section 34-2191 et seq.

(2)

Height.

a.

All antenna-supporting structures must comply with the requirements of Section 34-1008.

b.

Antenna-supporting structures on the barrier islands or within the outer islands future land use areas may not exceed 35 feet, or the special height limits set forth in Section 34-2175.

c.

Roof-mounted antennas, attachment devices, equipment enclosures or ancillary appurtenances may be placed on commercial, institutional, industrial and multifamily buildings at least 35 feet in height and may not extend more than 20 feet above the roofline of the building on which it is attached.

d.

Collocations may not increase the existing overall height of an antenna-supporting structure.

e.

In all other cases, the overall height of an antenna-supporting structure approved in accordance with Section 34-1445 may not exceed 149 feet, except as provided below:

1.

FCC approved AM broadcast antenna-supporting structures may not exceed 250 feet in overall height.

2.

All other FCC approved broadcast antenna-supporting structures may not exceed 500 feet.

f.

In no event may the provisions set forth in Section 34-2174 apply to wireless communication facilities.

g.

The overall height of ground-mounted equipment or equipment enclosure may not exceed 12 feet.

h.

Private aircraft and helicopter landing facilities. In addition to the provisions of Section 34-1001 et seq., antenna-supporting structures proposed within a designated notification height boundary of a private aircraft or helicopter landing facility, as specified on the Airspace Notification Map, will be limited to the height specified by that boundary, according to the proposed facility's distance from the runway or landing facility.

(f)

Construction.

(1)

Type of construction. Broadcast facilities may utilize lattice or guyed antenna-supporting structures. All other wireless facilities are limited to monopole antenna-supporting structures.

(2)

Accommodation of future collocations.

a.

Antenna-supporting structures should be designed to accommodate future collocations.

b.

The applicant must submit a shared use plan that commits the owner of the proposed antenna-supporting structure to accommodating future collocations where reasonable and feasible in light of the criteria set forth in this section.

(3)

Lighting.

a.

Except for security lighting and site lighting, other types of lights, signals or illumination will only be permitted on an antenna-supporting structure or ancillary appurtenances where lighting is required by the FAA, FCC, the County, or the Lee County Mosquito Control District.

b.

Security lighting. Security lighting and site lighting may be placed in association with an approved equipment enclosure. Site lighting must remain unlit except when authorized personnel are present at the facility. Security lighting and site lighting must be shielded to prevent light trespass.

c.

Required lighting.

1.

All antenna-supporting structures 150 feet or greater in height above ground level must be artificially lighted and maintained pursuant to the technical requirements of the Federal Aviation Administration's current Advisory Circular 70/7460-1K, Obstruction Marking and Lighting, as amended, or other appropriate aviation authority. Unless pre-empted by FAA or FCC regulations, all lighting must be approved in conjunction with the development order for the facility.

2.

If the height of a structure under construction equals or exceeds the height at which permanent obstruction lights are required by the FAA, FCC or the Division of Development Services, temporary high or medium intensity flashing lights must be installed at that level in accordance with Advisory Circular 70/7460-1K, Obstruction Marking and Lighting, as amended.

(4)

Notice of commencement of construction.

a.

Forty-eight hours before commencing construction of an antenna-supporting structure, and within 48 hours after the antenna-supporting structure construction reaches its maximum height, the County Port Authority, Sheriff's office, Emergency Medical Services, the local fire district and the County Mosquito Control District must be notified by the entity constructing the antenna-supporting structure. Notice must include the location of the antenna-supporting structure tied to the State plane coordinate system for the Florida West Zone (North American Datum of 1983/1990 Adjustment).

b.

The tall structures permit application will not be issued if the proposed construction or alteration is found to violate the provisions of this Article VI, Division 10, Subdivision III (Section 34-1001 et seq.), or any other applicable federal or State rules or regulations. No tall structures permit will be issued if all Federal Aviation Administration and County Port Authority comments are not addressed to the satisfaction of the County Port Authority. The applicant will be forwarded a written notice if the tall structures permit is denied, from the County Port Authority. This written notice must specify the reason for objections and suggestions for compliance under this subdivision and all other applicable federal or State rules and regulations.

(5)

Floor area. Floor area will be calculated based on the total impervious surface associated with an equipment enclosure. Floor area may not exceed 400 square feet per antenna array without approval by special exception.

(g)

Signage.

(1)

Signs on antenna-supporting structures, ancillary appurtenances, equipment enclosures, or on any fence or wall are prohibited unless permitted in accordance with this subsection.

(2)

If high voltage is necessary for the operation of proposed wireless communications facilities, "High Voltage-Danger" and "No Trespass" warning signs not greater than one square foot in area must be permanently attached to the fence or wall at intervals of not less than 40 feet and upon the access gate, or as otherwise required by the FAA or FCC.

(3)

A sign not greater than one square foot in area must be attached to the access gate that includes the following information:

a.

Federal registration number, if applicable;

b.

Name of property owner, facility owner, providers, and contact person; and

c.

An emergency contact number for the contact person.

(LDC 1994, § 34-1447; Ord. No. 03-11, § 1, 4-8-2003; Ord. No. 07-24, § 7, 8-14-2007; Ord. No. 09-05, § 2, 2-25-2009; Ord. No. 11-08, § 10, 8-9-2011)

(a)

Antenna-supporting structures and wireless communications facilities must be insured by the owner against damage to persons and against damage to property. Owner must provide a Certificate of Insurance to the Director annually.

(b)

Fees for antenna-supporting structures and wireless communications facilities permitting and renewal, monitoring of emissions and inspection of structures, and other fees will be established by the Board.

(LDC 1994, § 34-1450; Ord. No. 03-11, § 1, 4-8-2003)

(a)

Notice of discontinued use. The owner of an antenna-supporting structure 750 feet or greater in height, the use of which has been discontinued for a period of one year, on an annual basis must provide the Director with an affidavit of an intention to continue the use, including a description of the owner's efforts to keep the facility in use. If the affidavit is not provided the Director may make a preliminary determination of discontinued use. For any other antenna-supporting structure, the use of which is discontinued for a period of 180 days, the Director may make a preliminary determination of discontinued use. In making such a determination, the Director may request documentation and affidavits from the property owner regarding the structure's usage, including evidence that use of the structure is imminent. The failure of a property owner to provide updated contact information on the owner of the antenna-supporting structure for two consecutive years will be presumptive evidence of discontinued use. If the Director determines that the use of an antenna-supporting structure or antenna has been discontinued, the Director will provide the property owner with a written notice of discontinued use by certified mail.

(b)

Declaration of discontinued use. If the property owner fails to respond to the notice of discontinued use or to adequately demonstrate that the use of the antenna or antenna-supporting structure is not discontinued within 90 days, such failure will be evidence of discontinued use. Based on the foregoing, or on any other relevant evidence provided to the Director, the Director may make a final determination of discontinued use, whereupon a declaration of discontinued use will be issued to the property owner by certified mail.

(c)

Removal of facility. Within 120 days of a declaration of discontinued use, the property owner must either:

(1)

Reactivate the use of the antenna or antenna-supporting structure as a wireless communications facility or transfer ownership of the antennas or antenna-supporting structure to another owner who will make use of the facility; or

(2)

Dismantle and remove the facility. If transfer of ownership occurs, the new owner must supply the Director with an affidavit attesting that the antennas or antenna-supporting structure will be in use within 120 days of the transfer in accordance with Subsection (c)(1) of this section.

If the facility remains discontinued upon the expiration of 120 days, the County may enter upon the property and remove the facility, with all costs to be borne by the property owner. The County may use the funds posted in the surety for this purpose.

(LDC 1994, § 34-1451; Ord. No. 03-11, § 1, 4-8-2003; Ord. No. 11-08, § 10, 8-9-2011)

The addition or replacement of antennas on any type of nonconforming structure will not be treated as an increase in the nonconformity of the structure. Additionally, the loss or destruction of a facility by the act of a third party, beyond the reasonable control of the owner and not due to a lack of maintenance or aging of the facility, will entitle the owner to utilize the build-back provisions of the Lee Plan to restore the facility.

(LDC 1994, § 34-1452; Ord. No. 03-11, § 1, 4-8-2003)

(a)

Variances to this division must be in accordance with the procedures and requirements set forth in Section 34-145.

(b)

Appeal of decisions of the Hearing Examiner pursuant to this section will be to the Board of County Commissioners in accordance with the provisions of Section 34-1445(b)(2).

(LDC 1994, § 34-1453; Ord. No. 03-11, § 1, 4-8-2003; Ord. No. 15-15, § 1, 11-17-2015)

(1)

The provisions set forth in this division apply to any proposed or existing residential development. For the purposes of this division, the term "residential" does not include hotel/motel density calculations (see Division 19 of this article).

(2)

Notwithstanding other applicable regulations, no density calculation is required for hospitals, prisons, jails, boot camps, detention centers, or other similar-type facilities.

(LDC 1994, § 34-1491; Zoning Ord. 1993, § 202.09(A); Ord. No. 98-03, § 5, 1-13-1998; Ord. No. 25-09, § 5, 4-15-2025)

The Lee Plan establishes a standard and maximum residential density range permissible for each residential land use category. Density for each residential development will be based on the Lee Plan's definition of density and the Goals, Objectives, and Policies of the Lee Plan.

(1)

Proposed developments.

a.

Determination of land area. The applicant must provide the calculations used in determining the following:

1.

Total land area of the proposed development.

2.

Land area of all future land use categories contained within the proposed development.

3.

Land area of non-residential uses, including infrastructure needed to support the non-residential uses.

4.

Acres of any area classified as freshwater wetlands, with clarification if they are to be preserved or impacted.

5.

Acres of any area classified as saltwater wetlands.

b.

Development within the Mixed-Use Overlay. Prior to issuance of a development order for development, redevelopment, or infill development located within the Mixed-Use Overlay which includes the area of nonresidential uses in the density calculations as permitted by the Lee Plan, the developer must prepare and record a restrictive covenant or other instrument that severs the residential development rights from the nonresidential project area.

c.

Planned developments and PUDs.

1.

In planned developments other than Residential Planned Developments (RPDs), for any existing or proposed infrastructure, such as street rights-of-way or street easements, any utility rights-of-way or easements, or water management areas as well as common areas and amenity tracts (including but not limited to golf courses and similar outdoor recreational facilities) shared between residential and non-residential uses, density shall be prorated in a manner proportionate to the respective land areas of the residential and non-residential uses.

2.

In Residential Planned Developments (RPDs) or planned developments within the Mixed Use Overlay, density will be based off of total land area.

(2)

Existing developments and lots. Due to the problems of computing gross density in the same manner as set forth for new developments, the following procedures must be followed:

a.

Single-family structures. Any lawfully existing lot of record zoned for residential use will be permitted one single-family residence so long as the lot complies with either the property development regulations for the zoning district in which it is located or the owner receives a favorable minimum use determination in accordance with Section 34-3273.

b.

Two-family attached or duplex structures. If two or more abutting properties have each qualified for the right to construct a single-family residence, and if the lots or parcels are located in a zoning district that permits duplex or two-family dwellings, the property owner may combine the lots to build a single duplex or two-family building in lieu of constructing two single-family residences.

c.

Townhouse or multiple-family structures. Except as limited by the Lee Plan, any legally existing lot of record that is zoned for townhouse or multiple-family development will be permitted dwelling units as follows:

1.

Developments that are not planned developments or PUDs. When reviewing a request for a building permit for a townhouse or multiple-family building which is not part of a PUD or planned development, the maximum number of permitted dwelling units will be determined by the property development regulations of the zoning district, Future Land Use Category, or State Statutes, provided that:

i.

The maximum number of dwelling units permitted will not exceed the standard density range for the land use category; and

ii.

The parcel area must be calculated as the gross area of the lot in question. When a parcel is adjacent to a platted right-of-way that was platted as part of the same subdivision, one-half of the abutting rights-of-way will be added to the parcel area.

2.

Planned developments and PUDs. The maximum density will be as set forth in the approving resolution minus the existing units.

(LDC 1994, § 34-1493; Zoning Ord. 1993, § 202.09(C)1, 2; Ord. No. 96-06, § 5, 3-20-1996; Ord. No. 96-17, § 5, 9-18-1996; Ord. No. 19-03, § 7, 4-2-2019; Ord. No. 21-08, § 9, 6-1-2021; Ord. No. 24-14, § 8, 10-1-2024; Ord. No. 25-09, § 5, 4-15-2025)

Editor's note— Ord. No. 25-09, § 5, adopted April 15, 2025, repealed the former § 34-1492, and renumbered §§ 34-1493 and 34-1494 as §§ 34-1492 and 34-1493. Former § 34-1492 pertained to definitions and derived from LDC 1994, § 34-1492, Zoning Ord. 1993, § 202.09(b) and Ord. No. 98-03, § 5, adopted Jan. 13, 1998. The historical notations have been retained with the amended provisions for reference purposes.

(a)

Applicability. The density equivalents set forth in this subsection will be used in situations where it is necessary to convert permissible uses to residential dwelling unit equivalents. When permitted by the use regulations in a zoning district that permits dwelling units, the permissible density equivalents may not exceed the density limitations set forth in the zoning district or land use category (whichever is less) in which the property is located. In situations where the Lee Plan does not specify a standard density range, such as the interchange areas, the permissible density equivalents may not exceed ten dwelling units per acre.

(b)

Equivalency factors.

(1)

Notwithstanding Section 34-1414(c), no density equivalency calculation is required for a bed and breakfast when the lodging includes four or less rentable spaces without kitchens and exterior entrances that are rentable for a limited time and at least one meal included for each guest each day of the stay. Bed and breakfasts exceeding four rentable spaces without kitchens will be calculated as four rentable spaces equals one dwelling unit.

(2)

Where dwelling or living units have lock-off accommodations, density will be calculated as follows:

a.

Timeshare units. Lock-off units will be counted as separate dwelling units whether or not they contain cooking facilities, as follows:

i.

Studio units will be counted as 0.1 dwelling units;

ii.

One-bedroom units will be counted as 0.25 dwelling units;

iii.

Two-bedroom units will be counted as 0.5 dwelling units;

iv.

Three-bedroom (or more) units will be counted as a full dwelling unit.

(3)

Density. Density equivalents for health care, social service, adult living facilities (ALF), continuing care facilities, or other group quarters not meeting the Community Residential Homes allowances in F.S. ch. 419 are provided in dwelling unit equivalents:

a.

Where each unit has its own cooking facilities, density equivalents will be calculated on a one to one ratio.

b.

Where a continuing care facility (CCF) or assisted living facility (ALF) contains independent living units two independent living units equal to one residential dwelling unit.

c.

Except as may be specifically set forth elsewhere in this chapter, where health care, social service, adult living facilities (ALF), continuing care facilities (CCF), or other group quarters are provided in dwelling units or other facilities wherein each unit does not have individual cooking facilities and where meals are served at a central dining facility or are brought to the occupants from a central kitchen, density equivalents will be calculated at the ratio of six people equals one dwelling unit.

A planned development, for which the Master Concept Plan states the number of persons that may occupy an approved adult living facility (ALF) or continuing care facility (CCF), may request an amendment to the approved Master Concept Plan to reflect the increased number of occupants based upon the equivalency factor set forth in this section (if applicable). Such amendment will be considered an administrative amendment that will be deemed to not increase density and may be approved pursuant to Section 34-380(b) as long as existing floor space is not increased to accommodate the increased number of occupants. If increased floor space is required, then a public hearing will be required.

(LDC 1994, § 34-1494; Zoning Ord. 1993, § 202.09(C)3; Ord. No. 94-02, § 3, 1-19-1994; Ord. No. 98-03, § 5, 1-13-1998; Ord. No. 01-18, § 5, 11-13-2001; Ord. No. 16-19, § 10, 11-15-2016; Ord. No. 21-08, § 9, 6-1-2021; Ord. No. 25-09, § 5, 4-15-2025)

Editor's note— See Editor's note at § 34-1492.

Several of the goals, objectives and policies set forth in the Lee Plan address development as it relates to the preservation, protection, enhancement and restoration of the coastal and inland natural resources of the County.

(1)

The Coastal Zone is of special concern. The Coastal Zone, includes, but is not limited to, the following natural systems:

a.

Marine: Gulf of Mexico.

b.

Estuarine: Coastal bays, coastal lagoons, coastal tributaries, forested saltwater wetlands, non-forested saltwater wetlands and sea grass beds.

c.

Terrestrial: Beaches, dunes, coastal ridge, overwash plain and zones of archaeological sensitivity (see Chapter 22).

(2)

Other areas of concern. Other areas of concern which may require special regulations are:

a.

Wetlands, as defined in Section 14-292.

b.

Areas which provide critical habitat of rare and endangered plant and animal species listed in the publication Official Lists of Endangered and Potentially Endangered Fauna and Flora in Florida, of the State Game and Fresh Water Fish Commission, as periodically updated.

c.

Areas which have significant impact upon the quality of groundwater and receiving waters.

d.

Significant areas of rare and unique upland habitats (RU) indicated in the County Coastal Study, including, but not limited to, the following:

1.

Sand scrub (320).

2.

Coastal scrub (322).

3.

Pine flatwoods (411) categorized as mature due to the absence of severe impacts caused by logging, drainage and exotic infestation.

4.

Slash pine/midstory oak (412).

5.

Tropical hardwood (426).

6.

Live oak hammock (427).

7.

Cabbage palm hammock (428).

The numbered references are to the Florida Land Use Cover and Forms Classification System (FLUCCS), Level III (FDOT, 1985)

(LDC 1994, § 34-1571; Zoning Ord. 1993, § 202.11(A); Ord. No. 96-17, § 5, 9-18-1996)

All areas proposed for development or rezoning designated as Conservation Lands (upland or wetland) on the future land use map, or which come under the criteria set forth in Section 34-1571, will be subject to the general as well as the specific regulations set forth in this division.

(LDC 1994, § 34-1572; Zoning Ord. 1993, § 202.11(B); Ord. No. 19-03, § 7, 4-2-2019)

When environmentally sensitive ecosystems occur, as identified by the County, the U.S. Army Corps of Engineers, the State Department of Environmental Protection, the South Florida Water Management District or other applicable regulatory agency, the developer or applicant shall prepare an environmental assessment that examines the existing conditions, addresses the environmental impacts and proposes means and mechanisms to protect, conserve or preserve the environmental and natural resources of these ecosystems.

(LDC 1994, § 34-1573; Zoning Ord. 1993, § 202.11(B)1.a)

(a)

Any use permitted or permissible in environmentally sensitive areas shall be subject to all applicable State and federal regulations as well as applicable County regulations.

(b)

Except in instances of overriding public interest, new roads or the expansion of existing facilities within Conservation Lands (upland or wetland) will be prohibited.

(LDC 1994, § 34-1574; Zoning Ord. 1993, § 202.11(B)1.b; Ord. No. 19-03, § 7, 4-2-2019)

(a)

Development seaward of the 1991 coastal construction control line, as defined in Section 6-333, will only be permitted where such development is authorized pursuant to F.S. Ch. 161 and FDEP regulations.

(b)

Development is prohibited seaward of the coastal construction setback line, as defined in Section 34-2, with the exception of the following:

(1)

Improvements that provide for beach access, limited to the following: Pile supported elevated dune and beach walk-over structures, beach access ramps and walkways, stairways, fences along access-ways and lifeguard support stands;

(2)

Public restroom facilities accessory to park facilities, as defined in Section 34-622(c)(32);

(3)

Installation of an advanced aerobic (or similar) septic system, provided that they have received an FDEP beaches and coastal permit prior to March 20, 2018;

(4)

Construction activities for which a local letter of zoning compliance was issued for the FDEP coastal permit process prior to March 20, 2018;

(5)

Improvements that are granted a variance for construction seaward of the coastal construction setback line.

(c)

Development within the coastal zone must be compatible with protection of natural systems and in accordance with applicable coastal construction codes.

(d)

No vehicular or foot traffic from developments or access strips to crossovers will be allowed to cross over directly on dune ridges or beach escarpments. Access to the beach must be via elevated dune walkovers.

(e)

No development will be permitted which:

(1)

Could restrict, impede, impound or otherwise interfere with tidal flow or drainage in coastal zone waters; or

(2)

Alters or removes protection vegetation from the frontal or primary dune system, except for excavations for the installation of pilings necessary for the construction of elevated structures as permitted by the State Department of Environmental Protection.

(LDC 1994, § 34-1575; Zoning Ord. 1993, § 202.11(B)2.a; Ord. No. 95-07, § 24, 5-17-1995; Ord. No. 01-18, § 5, 11-13-2001; Ord. No. 05-14, § 6, 8-23-2005; Ord. No. 18-10, § 1, 3-20-2018; Ord. No. 19-03, § 7, 4-2-2019)

Development on islands shall be subject to the following:

(1)

New or expanded mobile home or recreational vehicle developments shall not be permitted on barrier islands or in coastal high-hazard areas which include V-Zones as designated in the adopted Flood Insurance Rate Maps (FIRM) for the County and areas seaward of the coastal construction control line as it existed in 1991.

(2)

No new causeways which require filling of submerged lands or wetlands shall be permitted to any island.

(3)

No new bridges shall be constructed to undeveloped barrier islands except where needed to achieve evacuation clearance time objectives on adjoining islands connected by existing bridges, and only after the Lee Plan has been amended to ensure that the ultimate development of all areas served by the new bridge is limited to levels which can safely be served by the new and existing bridges.

(4)

Paving of roads on and the development of commercial marinas on undeveloped barrier islands shall be prohibited.

(LDC 1994, § 34-1576; Zoning Ord. 1993, § 202.11(B)2.b; Ord. No. 18-10, § 1, 3-20-2018)

(a)

Any development in or around wetlands shall be designed to protect the values and functions of the wetlands as set forth in Chapter 14, Article IV.

(b)

No wetland shall be drained, filled or excavated unless and except as part of an approved restoration or mitigation program.

(LDC 1994, § 34-1577; Zoning Ord. 1993, § 202.11(B)2.c)

(a)

Future development in floodprone areas shall be in compliance with Chapter 6, Article IV.

(b)

The degree of flood protection required by this section is reasonable for regulatory purposes and is based on scientific and engineering considerations. This section does not imply that areas outside of flood hazard areas or land uses permitted within such areas will be free from flooding or flood damage.

(LDC 1994, § 34-1578; Zoning Ord. 1993, § 202.11(B)2.d)

The purpose of this division is to set forth the development regulations for uses defined as essential services or classified as essential service facilities Group I (Section 34-622(c)(13)).

(LDC 1994, § 34-1611; Zoning Ord. 1993, § 202.12(A); Ord. No. 97-10, § 6, 6-10-1997; Ord. No. 98-03, § 5, 1-13-1998)

All buildings or structures defined as essential services or classified as essential service facilities Group I (Section 34-622(c)(13)) are permitted by right in all zoning districts when necessary for the day-to-day operation of the service, subject to the requirements set forth in this division.

(LDC 1994, § 34-1612; Zoning Ord. 1993, § 202.12(B)1; Ord. No. 97-10, § 6, 6-10-1997; Ord. No. 98-03, § 5, 1-13-1998)

(a)

Structures regulated by this division that are three feet or less in height and which individually or collectively on the same parcel are 80 cubic feet or less in volume are exempt from all setback requirements.

(b)

Buildings or structures that are over three feet but less than six feet in height, and which individually or collectively on the same parcel are 300 cubic feet or less in volume, must be set back a minimum of five feet from any street right-of-way or street easement and must comply with the visibility requirements set forth in Section 34-1614.

(c)

Buildings or structures that exceed six feet in height or which individually or collectively on the same parcel exceed 300 cubic feet in volume but are less than 600 cubic feet in volume must comply with the minimum right-of-way or street easement setback for the district in which located and may not be located closer than 25 feet to any body of water.

(d)

Buildings or structures that individually or collectively on the same parcel exceed 600 cubic feet in volume must comply with all setback requirements for the district in which located.

(LDC 1994, § 34-1613; Zoning Ord. 1993, § 202.12(B)2; Ord. No. 98-03, § 5, 1-13-1998; Ord. No. 21-08, § 9, 6-1-2021)

No building or structure regulated by this division that exceeds three feet in height may be permitted within the visibility triangle set forth in Section 34-3131, pertaining to vehicle visibility.

(LDC 1994, § 34-1614; Zoning Ord. 1993, § 202.12(B)3; Ord. No. 98-03, § 5, 1-13-1998)

Not more than one structure or group of structures which collectively exceed 150 cubic feet in volume may be permitted on the same side of a street within any residential block, unless a minimum separation of four lot widths is observed between the structures.

(LDC 1994, § 34-1615; Zoning Ord. 1993, § 202.12(B)4; Ord. No. 98-03, § 5, 1-13-1998)

(a)

Structures or equipment (excluding transmission poles) exceeding three feet in height or which individually or collectively on the same parcel exceed 27 cubic feet in volume must be of neutral, non-glare color or finish so as to make them as visually unobtrusive as possible.

(b)

Structures or equipment (excluding transmission poles) exceeding three feet in height, or which individually or collectively on the same parcel exceed 80 cubic feet in volume, must be of neutral, non-glare color or finish, and shielded on all sides by shrubs at least 36 inches high at time of planting, consistent with the requirements of Section 10-420.

(LDC 1994, § 34-1616; Zoning Ord. 1993, § 202.12(B)5; Ord. No. 98-03, § 5, 1-13-1998; Ord. No. 99-05, § 9, 6-29-1999)

Facilities defined as essential services or classified as essential service facilities, Group I, are exempt from the property development regulations that set forth minimum lot size, area and dimensions.

(LDC 1994, § 34-1617; Zoning Ord. 1993, § 202.12(B)6; Ord. No. 97-10, § 6, 6-10-1997; Ord. No. 98-03, § 5, 1-13-1998)

(a)

Certificate to Dig. A certificate to dig must be obtained prior to receiving approval to excavate properties located within Level 1 or Level 2 zones of archaeological sensitivity pursuant to Chapter 22.

(b)

Mining. Mining (def) activities may be permitted in accordance with Chapter 12.

(c)

Driving or sinking of wells for the purpose of oil or gas exploration or extraction.

(1)

No oil or gas exploration wells or test wells may be commenced prior to obtaining a special exception for gas and oil exploration in accordance with the procedures set forth in Article II of this chapter.

(2)

No oil or gas exploration wells may be used for or converted to production wells prior to obtaining a special exception for gas and oil extraction in accordance with the procedures set forth in Article II of this chapter

(d)

Excavations for the purpose of water retention or other land development. No excavation activities, including removal of surplus material may be commenced prior to receiving approval in accordance with the provisions of Section 10-329 or Chapter 12, as applicable.

(LDC 1994, § 34-1651; Zoning Ord. 1993, § 202.13; Ord. No. 96-06, § 5, 3-20-1996; 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. 08-21, § 3, 9-9-2008)

(a)

Agritourism activities are permitted on land classified as agricultural under F.S. § 193.461.

(b)

Agritourism activities are those activities defined in Section 34-2 that are directly related to agriculture and that promote the intent of F.S. §§ 570.85—570.89. Activities permitted by right include:

(1)

Passive and active recreational activities.

(2)

Educational activities and classes.

(3)

Demonstrations, events and tours.

(4)

Produce stands and sales of unprocessed and processed agricultural products, agriculture-related crafts, cottage food products, as defined by Florida Statutes, and limited food and beverage services (df).

(5)

Other activities determined by the Zoning Director to be substantially similar to the above activities.

(c)

The construction of new or additional structures intended primarily to accommodate the members of the general public require a building permit and must be built in compliance with all applicable Building Codes and be located in accordance with all setback requirements for the district in which located.

(d)

A permit in accordance with Lee County Special Events Permitting Ordinance, as codified in Lee County Code Chapter 19, Article VII, is required for gatherings or events with an expected attendance of 1,000 or more.

(LDC 1994, § 34-1711; Ord. No. 15-11, § 1, 6-16-2015)

(a)

Permanent structures. Permanent structures for produce stands may be permitted in the AG Zoning Districts as specified in the district use regulations subject to the following regulations:

(1)

All permanent structures shall be built in compliance with all applicable Building Codes and shall be located in accordance with all setback requirements for the district in which located.

(2)

Only produce grown on the premises or on other farms located within the County and under the control of the owner of the premises shall be sold.

(3)

Off-street parking shall be provided in accordance with Division 26 of this article. Parking areas shall have a surface type specified in Section 34-2017(b).

(b)

Temporary stands. Temporary produce stands are permitted in the AG zoning districts subject to the following regulations:

(1)

No permanent structures shall be erected;

(2)

Temporary stands shall comply with the setback requirements of the district in which located;

(3)

Off-street parking for a minimum of three cars shall be provided;

(4)

Temporary stands shall be removed whenever the stand is not in use, except for short periods of 48 hours or less; and

(5)

Only produce grown on the same premises shall be sold from a temporary produce stand.

(LDC 1994, § 34-1713; Zoning Ord. 1993, § 522(C))

U-Pick operations are permitted or permissible uses as specified in the district use regulations, subject to the following regulations:

(1)

All U-Pick operations shall provide an area on the premises for off-street parking of all customers, and the parking surface shall be as required by Section 34-2017(b); and

(2)

Unless an existing driveway is used, a temporary driveway permit shall be requested from the Department of Transportation and Engineering Services.

(LDC 1994, § 34-1715; Zoning Ord. 1993, § 522(E))

This division applies to all fences, walls, gatehouses and entrance gates that are not specifically exempted in this division. This division does not apply to seawalls (see Section 34-1863 for regulations on seawalls).

(LDC 1994, § 34-1741; Zoning Ord. 1993, § 202.14(A); Ord. No. 00-14, § 5, 6-27-2000)

(a)

Except for fences used for bona fide agricultural uses or purposes of conservation by Lee County, the State or other governmental entities, all fences and walls that are over 25 inches in height must comply with established building permit procedures.

(b)

All fences and fence walls on each property must be of uniform materials, design and color. Any additions to existing fences or walls that do not exceed the length of the existing fence or wall shall maintain a uniformity of materials, design and color with that of the existing fence or wall.

(c)

All fences and fence walls must be constructed and maintained in a manner that will not detract from the neighborhood or community. Fences must not contain missing materials or components of which it was built and must remain substantially vertical so that it serves the function or aesthetic purpose for which it was built and has not been compromised to the point that the fence would present a danger of flight or destruction during severe weather.

(d)

Fences and fence walls must be constructed of conventional and traditional building materials, including, but not limited to, concrete block, brick, wood, decorative aluminum, iron or steel, chain link or composite products manufactured specifically for fences and walls. Nontraditional materials, including, but not limited to, tires, mufflers, hubcaps, etc., are prohibited. Fabric sheets or nets, or plastic, metal or vinyl sheets or slats may not be used as part of the fence or attached to a fence for the purpose of effecting privacy or required screening.

(e)

Fences and walls must be constructed to present the finished side of the fence or wall to the adjoining lot or any abutting right-of-way. Where, there is an existing fence, wall or continuous landscape hedge on the adjoining parcel, this provision may be administratively waived upon written request.

(f)

Except as provided below, no barbed wire, spire tips, sharp objects, hog wire, game fence, horse wire or other similar materials or electrically charged fences may be erected within 100 feet of any residential area or Residential Zoning District under separate ownership:

(1)

Fence material such as, hog wire, game fence, horse wire or other similar materials may be erected but cannot be the primary material when the property is within 100 feet of any residential area or Residential Zoning District under separate ownership.

(2)

Bona fide agricultural uses may use barbed wire or electrically charged fences to control livestock when located in districts permitting the raising, keeping or breeding of livestock.

(3)

The use of barbed wire for temporary security fences around construction materials or equipment in conjunction with an active construction project may be permitted when approved by the Director.

(4)

The use of chain link fence with three strands of barbed wire on top of the fence with six-inch spacing between the strands of barbed wire may be required or approved by the Director around structures or equipment of potential hazard to residents or passersby not otherwise protected.

(5)

The use of hog wire is permitted on lands owned, for the purposes of conservation, by Lee County, the State, or other governmental entities.

(g)

Electrical fences must comply with National Electrical Safety Code requirements.

(LDC 1994, § 34-1742; Zoning Ord. 1993, § 202.14(B); 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. 11-08, § 10, 8-9-2011; Ord. No. 13-10, § 10, 5-28-2013)

(a)

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

Residential project fence means a wall or fence erected around a residential subdivision (but not individual lots) or development of ten or more dwelling units.

(b)

A residential project fence or wall:

(1)

May be a maximum height of eight feet around the perimeter of the project upon a finding by the Development Services Director that the fence does not interfere with vehicle visibility requirements (see Section 34-3131) at traffic access points.

(2)

May include architectural features such as columns, cupolas, fountains, parapets, etc., at a height not to exceed twice the fence or wall height provided they are compatible with the project and abutting properties.

(3)

Required or optional residential project walls must be landscaped on the exterior side (between the wall and the abutting property or street right-of-way) with a minimum of five trees per 100 linear feet and shrub hedges, within a minimum plantable width of seven and one-half feet located on the exterior side of the wall or fence.

a.

Hedges must be planted and maintained so as to form a 36-inch-high continuous visual screen within one year after time of planting.

b.

Trees adjacent to a right-of-way must be appropriately sized in mature form so that conflicts with overhead utilities, lighting and signs are avoided. The clustering of trees and use of palms adjacent to the right-of-way will add design flexibility and reduce conflicts.

(4)

Must be constructed to ensure that historic water flow patterns are accommodated and all stormwater from the site is directed to on-site detention/retention areas in accordance with the SFWMD requirements.

(5)

May not be permitted until proper documents have been recorded providing for the maintenance of the project fence and landscaping.

(LDC 1994, § 34-1743; Zoning Ord. 1993, § 202.14(C); Ord. No. 00-14, § 5, 6-27-2000; Ord. No. 05-14, § 6, 8-23-2005; Ord. No. 10-25, § 4, 6-8-2010; Ord. No. 17-11, § 1, 9-5-2017)

(a)

Setbacks. Except as may be specifically permitted or required by other sections of this chapter or Chapter 10, no fence or wall, excluding seawalls, may be erected, placed or maintained:

(1)

Within any street right-of-way or street easement.

(2)

Closer to the Gulf of Mexico than permitted by Chapter 6, Article III.

(3)

Closer than five feet to the mean high-water line along natural water bodies, including canals created from sovereign lands, except that, where the canal is seawalled, the fence may be built landward of the seawall.

(b)

Height.

(1)

Determination of height. Except as set forth in Section 10-416 for required buffers, fence or wall height will be measured from the existing elevation of the abutting property.

In rear and side yards, the building official has the discretion to allow a deviation of up to 24 inches in height where required to compensate for variations in grade, drainage, or weed maintenance, provided that the height of the above-ground structural materials for the fence do not exceed the permitted height, and the fence or wall is not built on top of a berm, retaining wall or similar improvement.

(2)

Maximum height. Except as provided for in Section 34-1743(b)(1), the maximum permitted height for fences and walls is as follows:

a.

Residential areas.

i.

A fence or wall located between a street right-of-way or easement and the minimum required street setback line may not exceed three feet in height, with the following exceptions:

1.

Fences or walls may be a maximum height of four feet so long as the fence is of open mesh screening and does not interfere with vehicle visibility requirements (see Section 34-3131) at traffic access points.

2.

A fence or wall located along any secondary street right-of-way or easement, as defined in Section 34-1174(b)(2), may not exceed six feet in height, provided:

i.

The fence or wall is set back five feet from the street right-of-way or street easement or outside the width of any other easement, whichever is greater.

ii.

The fence or wall complies with vehicle visibility requirements (see Section 34-3131).

For the purposes of this section only, the term "open mesh screening" may include vertical picket-type fencing, provided that the minimum space between vertical members must be a minimum of one and one-half times the width and thickness of the vertical members or bars. i.e., if the vertical members are two and one-quarter inches wide and three-quarter inch thick (total three inches), then the minimum space between them must be four inches (1.5 times 3.0 equals 4.5). In no case may the space between vertical members or bars be less than three and seven-eighths inches.

ii.

A fence or wall located between a side or rear lot line and the minimum required setback line for accessory buildings is limited to a maximum height of six feet. For the purposes of this section, the side yard will be considered that portion of the lot extending from the minimum required street setback line to the rear lot line.

iii.

A fence or wall located within 25 feet of a waterway, as defined in Section 26-41, or a natural body of water must be open mesh screening above a height of three and one-half feet.

b.

Walls and fences along limited access or controlled access streets. A wall or fence may be placed or maintained along any property line abutting a limited access or controlled access street provided it complies with the same regulations as are set forth for residential project fences in Section 34-1743.

c.

Commercial and industrial areas. A commercial or industrial fence may be a maximum height of eight feet around the perimeter of the project upon a finding by the Development Services Manager that the fence does not interfere with vehicle visibility requirements (see Section 34-3131) at traffic access points.

d.

Agricultural fences. An open mesh or wire fence for bona fide agricultural uses may be a maximum height of eight feet along any property line in an agricultural district, provided that the fence does not interfere with vehicle visibility requirements (see Section 34-3131) at traffic access points.

(LDC 1994, § 34-1744; Zoning Ord. 1993, § 202.14(D); Ord. No. 93-24, § 4, 9-15-1993; Ord. No. 95-07, § 26, 5-17-1995; Ord. No. 96-06, § 5, 3-20-1996; Ord. No. 00-14, § 5, 6-27-2000; Ord. No. 01-18, § 5, 11-13-2001; 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. 20-01, § 3, 1-21-2020; Ord. No. 25-09, § 5, 4-15-2025)

All commercial and industrial uses must provide a buffer as required in Chapter 10.

(LDC 1994, § 34-1745; Zoning Ord. 1993, § 202.14(E)1; Ord. No. 00-14, § 5, 6-27-2000)

Nothing in this division may be construed so as to permit the construction or placing of any construction within a public or private easement which prohibits such construction or placement.

(LDC 1994, § 34-1746; Zoning Ord. 1993, § 202.14(F); Ord. No. 00-14, § 5, 6-27-2000)

(a)

All substation high-voltage transformers and any other utility structures or equipment of potential hazard to residents or passersby not otherwise protected must be completely enclosed by a chain link fence not less than eight feet in height. On top of the fence must be three strands of barbed wire with a six-inch spacing between each strand.

(b)

Distribution transformers must comply with National Electrical Safety Code requirements.

(LDC 1994, § 34-1747; Zoning Ord. 1993, § 202.14(G)1; Ord. No. 00-14, § 5, 6-27-2000)

The following regulations apply to entrance gates or gatehouses that control access to three or more dwelling units or recreational vehicles, or any commercial, industrial or recreational facility:

(a)

An entrance gate or gatehouse that will control entry to property 24 hours a day may be permitted, provided that:

(1)

It is not located on a publicly dedicated street right-of-way or street easement;

(2)

Appropriate evidence of consent is submitted from all property owners who have the right to use the subject road or from a property owner's association with sufficient authority;

(3)

If it is to be located within a planned development, it is an approved use in the schedule of uses;

(4)

The gate or gatehouse is:

a.

Located a minimum of 100 feet from the existing or planned intersecting street right-of-way or easement.

b.

Designed in such a manner that a minimum of five vehicles or one vehicle per dwelling unit, whichever is less, can pull safely off the intersecting public or private street while waiting to enter.

c.

Designed with accompanying right turn and left turn auxiliary lanes on the intersecting street at the project entrance. The design of the auxiliary lanes must be approved by the Development Services Manager.

d.

Located where it does not impede or interfere with the normal operation and use of individual driveways or access points.

e.

Designed with a paved turn-around on the ingress side of the gate or gatehouse with a turning radius sufficient to accommodate a U-turn for a single unit truck (SU) vehicle as specified in the AASHTO Green Book, current edition.

(5)

Where, in the opinion of the Development Services Manager, traffic volumes on the intersecting street are so low that interference with through traffic will be practically nonexistent, the Manager may waive or modify the requirements set forth in this Subsection(a)(4). If the intersecting street is County-maintained, then the Director of the County Department of Transportation must concur. The decision to waive or to modify the locational requirements is discretionary and may not be appealed.

(b)

Access for emergency vehicles.

a.

Any entrance gate or similar device that is not manned 24 hours per day must be equipped with an override mechanism acceptable to the local emergency services agencies or an override switch installed in a glass-covered box for the use of emergency vehicles.

b.

If an emergency necessitates the breaking of an entrance gate, the cost of repairing the gate and the emergency vehicle if applicable, will be the responsibility of the owner or operator of the gate.

(c)

Extension of fences or walls. A fence or wall may be extended into a required setback where it abuts an entrance gate or gatehouse, provided vehicle visibility requirements (see Section 34-3131) are met.

(d)

Entrance gates that are installed solely for security purposes for nonresidential uses, and that will remain open during normal working hours, are not subject to the location or emergency access requirements set forth in Subsection (a)(4) and (b). However, if an emergency necessitates the breaking of an entrance gate, the cost of repairing the gate and the emergency vehicle if applicable, will be the responsibility of the owner or operator of the gate.

(LDC 1994, § 34-1748; Zoning Ord. 1993, § 202.14(G)2; Ord. No. 95-07, § 27, 5-17-1995; Ord. No. 96-06, § 5, 3-20-1996; Ord. No. 97-10, § 6, 6-10-1997; Ord. No. 98-11, § 5, 6-23-1998; Ord. No. 00-14, § 5, 6-27-2000; Ord. No. 01-18, § 5, 11-13-2001; 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. 25-09, § 5, 4-15-2025)

Editor's note— Ordinance No. 00-14, § 5, adopted June 27, 2000, repealed Section 34-1750, which pertained to walls and fences along limited access or controlled access streets. See the Land Development Code Comparative Table.

It is the intent of this division to allow the operation of home occupations by right in all districts permitting dwelling units, but to regulate them so that the average neighbor, under normal circumstances, will not be disturbed or inconvenienced by them.

(LDC 1994, § 34-1771; Zoning Ord. 1993, § 513(A))

(a)

Any use of a residence for a home occupation must be clearly incidental and subordinate to its use for residential purposes by the occupants.

(b)

All retail transactions must be conducted entirely within the dwelling unit, though incidental business uses may be conducted elsewhere at the residential property.

(c)

No more than two employees or independent contractors will be permitted to work at the residence.

(d)

Signage is limited to one non-illuminated nameplate, not exceeding one square foot (144 square inches) in area attached to the building on or next to its primary entrance.

(e)

No commodities, stores or display of products on the premises may be visible from the street or surrounding residential area. Parking or storage of trucks and commercial vehicles used in the operation of the home occupation must be in compliance with the requirements of section 34-1181.

(f)

No equipment may be used which creates noise, vibration, glare, fumes, odors or electrical interference beyond that associated with a residential use. No equipment or process may be used which creates visual or audible interference in any radio or television receiver off the premises or causes fluctuations in line voltage off the premises beyond that associated with a residential use.

(LDC 1994, § 34-1772; Zoning Ord. 1993, § 513(B); Ord. No. 93-24, § 11, 9-15-1993; Ord. No. 94-24, § 40, 8-31-1994; Ord. No. 96-06, § 5, 3-20-1996; Ord. No. 97-10, § 6, 6-10-1997; Ord. No. 09-23, § 10, 6-23-2009; Ord. No. 13-10, § 10, 5-28-2013; Ord. No. 24-14, § 8, 10-1-2024)

(a)

Uses. Uses are limited to those uses permitted in the underlying zoning district or as approved in a schedule of uses for a Planned Development District. Uses requiring a special exception may be approved as a live-work unit use through the public hearing process. The work unit must not exceed 50 percent of the total floor area of the live-work unit. The commercial use must be conducted entirely within the work unit.

(b)

Minimum lot area, dimensions and setbacks. The minimum lot area, lot dimensions and setbacks must comply with the minimum requirements for the zoning district in which the unit is located.

(c)

Landscaping. Landscaping must be provided in compliance with Section 10-416.

(d)

Occupancy. The owner/occupant of a live-work unit must maintain a valid County local business tax receipt (f/k/a occupational license) for the business on the premises. Proof of payment of the annual local business tax will be required to be submitted to the Lee County Department of Community Development prior to occupancy and annually thereafter.

(e)

Parking. The multiple-use development parking standard (see Section 34-2020(b)) will be used to determine the minimum number of spaces required for each live-work unit. The minimum number of required parking spaces may be reduced up to 50 percent if a parking demand study is, provided that supports the reduction pursuant to Section 34-2020(c)(6) and administrative approval is obtained pursuant to Section 34-2020(e).

(f)

Prohibited uses. Outdoor storage or display of materials, goods, supplies, equipment, or products associated with the commercial use is prohibited. Equipment must be operated in conformance with the performance standards of this Code.

(LDC 1994, § 34-1773; Ord. No. 13-10, § 10, 5-28-2013)

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

Hotel/motel means a building, or group of buildings on the same premises and under single control, consisting of ten or more sleeping rooms kept, used, maintained or advertised as, or held out to the public to be, a place where sleeping accommodations are supplied for pay to transient guests or tenants. Hotels/motels must be registered with the Department of Revenue as a bona fide hotel/motel operation and are required to pay the levied tourist development tax promulgated by the County. Hotels/motels that are not registered with the Department of Revenue or do not pay the tourist tax will be subject to the density limitations and property development regulations for multiple-family buildings.

(LDC 1994, § 34-1801; Zoning Ord. 1993, § 514(A); Ord. No. 94-24, § 41, 8-31-1994; Ord. No. 96-17, § 5, 9-18-1996)

Property development regulations for uses subject to this division are as follows:

(1)

Minimum lot dimensions.

a.

Area: 20,000 square feet.

b.

Lot width: 100 feet.

c.

Lot depth: 100 feet.

(2)

Setbacks.

a.

Street: In accordance with Section 34-2192.

b.

Water body: In accordance with Section 34-2194.

c.

Side and rear yards: 20 feet for buildings up to 35 feet in height, plus one-half foot for every one foot in excess of 35 feet.

(3)

Parking.

a.

Minimum parking requirements are set forth in Division 26 of this article.

b.

Ancillary uses located in separate buildings and available to non-guests must meet the requirements of Division 26 of this article.

(4)

Rental units permitted.

a.

Minimum floor area per unit is 120 square feet.

b.

For developments within conventional zoning districts located within Lee Plan future land use map categories that have maximum standard density limits, rental unit density equivalents are:

Three rental units with 425 square feet or less of total floor area per unit equal one dwelling unit.

Two rental units with a total floor area of 426 to 725 square feet per unit equal one dwelling unit.

Each rental unit with a total floor area exceeding 725 square feet equals one dwelling unit.

Where lock-off accommodations are provided, each keyed room will be calculated as a separate rental unit.

Proposed hotel/motel with more than 200 rental units or that exceed the equivalency factors above when divided by the Lee Plan maximum standard density for the property in question will be permitted only as a planned development.

Lock-off units will be counted as separate rental units regardless of size.

c.

In categories without density limits, the number of permitted hotel/motel rental units will be determined by design and compliance with all applicable property development regulations including open space, setbacks, and height restrictions except as provided below.

d.

Hotels/motels approved as planned developments are not subject to rental unit size or density requirements set forth above provided all other aspects of the development (height, traffic, intensity of use, etc.) are found to be compatible with the surrounding area and otherwise consistent with the Lee Plan. However, any increase in the number or the floor size of the rental units approved in a planned development will require an amendment to the Master Concept Plan.

(LDC 1994, § 34-1802; Zoning Ord. 1993, § 514(B); Ord. No. 94-24, § 41, 8-31-1994; Ord. No. 96-17, § 5, 9-18-1996; Ord. No. 12-20, § 4, 9-11-2012; Ord. No. 25-09, § 5, 4-15-2025)

(a)

A nonconforming hotel/motel destroyed by fire or natural forces may be rebuilt in accordance with the provisions set forth in Section 34-3241(b)(2)b.

(b)

A nonconforming hotel/motel destroyed other than by fire or natural forces, may only be rebuilt in compliance with the density equivalents set forth in Section 34-1802 and all applicable property development regulations for the zoning district in which the property is located.

(c)

The following rules will apply to hotel/motels permitted as existing only or as a permitted use that are voluntarily demolished or destroyed other than by fire or natural forces:

(1)

No increase in the total number of rental units or expansion in the floor size of existing rental units will be permitted if the hotel/motel does not conform to the density equivalents set forth in Section 34-1802.

(2)

A hotel/motel that complies with the density equivalents set forth in Section 34-1802 but does not comply with height, setbacks, area, or lot coverage requirements may increase rental units or expand floor size subject to Section 34-3203.

(3)

A hotel/motel that complies with the density equivalents set forth in Section 34-1802, but does not comply with parking requirements, may not increase the number of rental units unless the property is brought into compliance with all applicable regulations. The rules set forth in Subsections (a) through (c) of this section do not apply in a Planned Development Zoning District.

(d)

If the hotel/motel is in compliance with the density equivalents set forth in Section 34-1802 as well as with height, setbacks, parking, open space and buffering requirements, the number of rental units and floor size may be expanded provided all applicable regulations are met.

(e)

No hotel/motel approved by special exception may increase the number or floor size of rental units without approval of a new special exception.

(LDC 1994, § 34-1803; Zoning Ord. 1993, § 514(C); Ord. No. 94-24, § 41, 8-31-1994; Ord. No. 96-17, § 5, 9-18-1996)

For regulations pertaining to subordinate uses, refer to Section 34-3021.

(LDC 1994, § 34-1804; Zoning Ord. 1993, § 514(D); Ord. No. 94-24, § 41, 8-31-1994; Ord. No. 96-17, § 5, 9-18-1996)

The permitted density for hotels and motels as set forth in this division will not apply to any hotel or motel units on Captiva Island. With the exception of the South Seas Island Resort, the maximum permitted density for hotels or motels on Captiva Island may not exceed three units per gross acre. The redevelopment of nonconforming hotels and motels on Captiva Island will be governed by the provisions of Section 33-1628(b). That section will be interpreted to prohibit an increase in the number of rental units and to establish a maximum average unit size of 550 square feet.

(LDC 1994, § 34-1805; Zoning Ord. 1993, § 514(E); Ord. No. 94-24, § 41, 8-31-1994; Ord. No. 96-17, § 5, 9-18-1996; Ord. No. 96-25, § 2, 12-18-1996; Ord. No. 14-13, § 7, 6-17-2014; Ord. No. 23-22, § 3, 9-5-2023)

(a)

Except as provided in Subsection (b) of this section, it is unlawful for any person to develop a new junk, scrap or salvage yard, auto wrecking or wrecking yard, refuse or trash dump, or any landfill operation, or to expand in land area any lawfully existing operation, within the unincorporated area of the County, without first having obtained a planned development approval from the Board of County Commissioners.

(b)

Shredding and composting of vegetative matter, such as grass clippings, shrubs and brush, generated from a location other than the same premises may be permitted by planned development in the IPD District only. Provided, however, this section will not prevent emergency debris removal operations specifically authorized, as to duration and location, by the Board of County Commissioners during a State of Local Emergency or Major/Catastrophic Disaster Declaration.

(LDC 1994, § 34-1831; Zoning Ord. 1993, § 515(A); Ord. No. 04-05, § 1, 4-27-2004; Ord. No. 06-06, § 1, 4-11-2006)

All facilities subject to this division shall comply with all applicable federal, State and local rules and regulations.

(LDC 1994, § 34-1832; Zoning Ord. 1993, § 515(B))

Any application for approval of facilities subject to this division shall include a detailed site plan showing the location of all buildings and the location of all storage areas designed or used for automobiles and other vehicles, parts, lubricants, fuel, other storage, or filling.

(LDC 1994, § 34-1833; Zoning Ord. 1993, § 515(C))

All applications for approval of facilities subject to this division shall be submitted to the County Utilities, Division of Solid Waste Management, for review and comment prior to any action by the Board of County Commissioners.

(LDC 1994, § 34-1834; Zoning Ord. 1993, § 515(D))

Unless specifically waived by the Board of County Commissioners, all outdoor storage areas used in connection with operations subject to this division shall be completely enclosed with a fence eight feet in height so constructed as to provide a 100 percent visual barrier. No junk, impounded vehicles, scrap or salvage materials shall be stored so as to be visible above the fence when viewed from ground level.

(LDC 1994, § 34-1835; Zoning Ord. 1993, § 515(E); Ord. No. 04-05, § 1, 4-27-2004)

An access road constructed in accordance with Chapter 10 shall be provided to the entrance of the facility. Access shall be restricted to specific entrances with gates which can be locked.

(LDC 1994, § 34-1836; Zoning Ord. 1993, § 515(F))

(a)

No boat, floating structure or other floating equipment may be moored to mangroves except in an emergency.

(b)

No person may discharge or permit or control or command to discharge any raw sewage, garbage, trash or other waste materials into the waters of the County.

(c)

No boats, floating structures or other floating equipment designed to accommodate one or more living units, or designed or used for retail sales, may be permitted to anchor, moor, tie up or be attached to a wharf, pier or other structure emanating from real property or to real property itself within unincorporated areas of the County except in conformity with the regulations contained in this chapter and other applicable County ordinances.

(d)

Except as provided in this subsection, no person may live aboard a vessel under his command or control, which is moored to real property or to a dock, pier, seawall or other structure attached to real property in the unincorporated area of the County, except at a marina (see Section 34-1862) that is properly zoned for marina use under the provisions of this chapter. The provisions of this subsection will not apply to:

(1)

Live-aboard vessels equipped with an approved discharge device and occupied by a licensed captain and his immediate family;

(2)

Commercial vessels, including commercial fishing boats, tugs, barges, salvage vessels, passenger vessels or cargo vessels, when used in commerce and navigation; or

(3)

The mooring of vessels responding to an emergency.

The exceptions granted by Subsections (d)(1) and (2) of this section are not intended to apply to personal fishing boats used for recreation or to fishermen with marine products licenses.

(LDC 1994, § 34-1861; Zoning Ord. 1993, § 202.05; Ord. No. 93-24, § 2, 9-15-1993; Ord. No. 09-23, § 10, 6-23-2009)

(a)

Water-dependent overlay zones. Water-dependent overlay zones have been designated for shoreline areas where priority will be granted to water-dependent land uses (Goal 8). Goal 12 of the Lee Plan details specific requirements for the water-dependent overlay zones on San Carlos Island (see Map 1-H of the Lee Plan). Policies regulating water-dependent uses in other areas of the County are found under Objectives 128.1 and 128.2 and are mapped in the appendix of the Lee Plan, as Map 1-H.

(b)

Marina siting criteria. The marina siting criteria set forth in the Manatee Protection Plan and Objective 128.4 and Policies 128.4.1 through 128.4.12 of the Lee Plan must be considered in evaluating new or substantially expanded marinas, other wet slip facilities and boat ramps.

(c)

Marina design criteria. The marina design criteria set forth in the Manatee Protection Plan and Objective 128.5 and Policies 128.5.1 through 128.5.16 of the Lee Plan must be utilized in evaluating the design of new marinas, or expansion of wet slip facilities at existing marinas.

(LDC 1994, § 34-1862; Zoning Ord. 1993, § 517; Ord. No. 93-24, § 12, 9-15-1993; Ord. No. 97-10, § 6, 6-10-1997; Ord. No. 99-05, § 9, 6-29-1999; Ord. No. 07-24, § 7, 8-14-2007; Ord. No. 09-23, § 10, 6-23-2009; Ord. No. 21-08, § 9, 6-1-2021; Ord. No. 24-14, § 8, 10-1-2024)

Construction, placement, erection and maintenance of docks, mooring piles, seawalls, watercraft landing facilities and other structures designed for use on, or adjacent to waterways, must be in compliance with the Manatee Protection Plan established building permit procedures and with Chapter 26, Article II. See Section 34-1171 et seq.

(LDC 1994, § 34-1863; Zoning Ord. 1993, § 202.10; Ord. No. 99-05, § 9, 6-29-1999; Ord. No. 09-23, § 10, 6-23-2009)

The purpose and intent of this division is to recognize and provide for housing permanent or transient farm laborers working at agricultural operations, as called for by Lee Plan Objective 135.2 and related policies. It is further the intent of this division that because housing established under the terms of this division is generally more intense than is otherwise permitted in agricultural areas, it will be used exclusively for agricultural housing purposes and no other. It is the intent of this division to encourage housing for farm labor to be clustered rather than spread out; this housing must be designed to standards that meet the peculiar requirements of the farm labor market while protecting the health, safety and general welfare of the farm laborers and the general public.

(LDC 1994, § 34-1891; Zoning Ord. 1993, § 518(A); Ord. No. 95-07, § 29, 5-17-1995; Ord. No. 07-24, § 7, 8-14-2007)

Farm labor housing developed under the regulations set forth in this division must obtain a special exception if located in agricultural zoning districts (see Table 34-653). Densities in the rural, open lands, and groundwater resource/density reduction land use categories are limited as provided in Lee Plan Policy 135.2.3. Densities in other land use categories are limited to the regular residential densities in the Lee Plan and to all other requirements of the site's zoning district.

(LDC 1994, § 34-1892; Zoning Ord. 1993, § 518(B); Ord. No. 95-07, § 29, 5-17-1995; Ord. No. 96-06, § 5, 3-20-1996; Ord. No. 07-24, § 7, 8-14-2007)

In addition to the requirements of Section 34-202(b), at a minimum, every special exception application for farm labor housing must include a site plan showing the following information:

(1)

The area and dimensions of the land to be devoted to the housing development.

(2)

Street patterns and parking, with provisions for surfacing with a hard, dustless material.

(3)

The layout of building sites.

(4)

Actual yard dimensions for the preparing of each dwelling unit lot.

(5)

The size and type of dwelling units proposed.

(6)

Location, size and type of utilities.

(7)

Recreational area of 300 square feet per dwelling unit.

(LDC 1994, § 34-1893; Zoning Ord. 1993, § 518(C); Ord. No. 95-07, § 29, 5-17-1995; Ord. No. 98-11, § 5, 6-23-1998)

(a)

Perimeter setbacks. If no landscaped buffers are provided, farm labor housing must be set back a minimum of 500 feet measured from the nearest dwelling unit, mobile home, or recreational vehicle or any residentially zoned property under separate ownership. The setback may be reduced to 300 feet where a 20-foot-wide landscaped buffer exists or is provided containing at least six trees and 30 shrubs per 100 linear feet. The setback may be further reduced to 100 feet where a 40-foot-wide landscaped buffer exists or is provided containing at least ten trees and 60 shrubs per 100 linear feet. Trees and shrubs planted in these buffers must comply with the provisions of Section 10-420. No perimeter setbacks are necessary if the adjacent residentially zoned property is also used for farm labor housing.

(b)

Utilities. Utilities must be installed in accordance with Chapter 10.

(c)

Recreational vehicles. Recreational vehicles, including park models, must not be used for year-round permanent habitation.

(d)

Standards for dwellings on platted lots. The construction or placement of farm labor housing dwelling units (including mobile homes and recreational vehicles) on separate platted lots must comply with the following standards.

(1)

Minimum lot size per dwelling: 6,500 square feet.

(2)

Minimum lot width per dwelling: 65 feet.

(3)

Street setback: variable according to the functional classification of the street or road (see Section 34-2192).

(4)

Side setback: 6.5 feet each side.

(5)

Rear setback: 20 feet.

(6)

Water body setback: 25 feet.

(7)

Utilities: Hook-ups for potable water, an approved sanitary sewage disposal system and electric power must be located on each dwelling unit, mobile home, recreational vehicle or other trailer lot.

(e)

Standards for dwelling units not placed on separate platted lots. The construction or placement of farm labor housing dwelling units (including mobile homes and recreational vehicles) must comply with the following standards:

(1)

Street setback. Variable according to the functional classification of the street or road (see Section 34-2192).

(2)

Minimum separation. There must be a minimum separation of 13 feet between any dwelling units, mobile homes, recreational vehicles or other types of trailer units, or other buildings.

(3)

Utilities. Hook-ups for potable water, an approved sanitary sewage disposal system and electric power must be located on each dwelling unit, mobile home, recreational vehicle or other trailer site.

(4)

Service buildings. If there is to be more than ten units on the site, one building for service purposes only must be provided.

(LDC 1994, § 34-1894; Zoning Ord. 1993, § 518(D); Ord. No. 95-07, § 29, 5-17-1995; Ord. No. 99-05, § 9, 6-29-1999)

No mobile home shall be relocated or moved onto any property without first obtaining a move-on permit from the Division of Codes and Building Services.

(LDC 1994, § 34-1921; Zoning Ord. 1993, § 519(C); Ord. No. 93-24, § 13, 9-15-1993)

All mobile homes shall be tied down in accordance with State and insurance regulations.

(LDC 1994, § 34-1922; Zoning Ord. 1993, § 519(A))

The provisions of this division apply to dwelling units, mobile homes or recreational vehicles erected or emplaced on a lot for the purposes of promoting sales of units.

(LDC 1994, § 34-1951; Zoning Ord. 1993, § 520(A); Ord. No. 96-17, § 5, 9-18-1996)

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

Model display center means three or more single-family detached homes, mobile homes or recreational vehicles, or four or more duplex or two-family units (not buildings), erected on a single, undivided property for the purposes of promoting sales of units for construction or emplacement elsewhere.

Model display group means two or more model homes (see Model home) each erected or placed on a separate single property that meets the minimum requirements for a lot in the zoning district in which located, for the purposes of promoting sales of units for construction or emplacement elsewhere. The lots used in a model display group must be abutting lots.

Model home means a single-family, two-family or duplex building, or a mobile home or recreational vehicle, used solely for demonstration purposes or sales promotion, not occupied as a dwelling unit, and open to the public for inspection, but the model home itself as located on the lot is not available for sale for occupancy (see Speculative home).

Model unit means a dwelling unit within a multiple-family or townhouse building, used solely for demonstration purposes or sales promotion, not occupied as a dwelling unit, and open to the public for inspection.

Speculative home means a dwelling unit, mobile home or recreational vehicle erected or emplaced on a lot for sales promotion and open to the public for inspection and which is available for sale and occupancy on the lot upon which it is located.

(LDC 1994, § 34-1952; Zoning Ord. 1993, § 520(B); Ord. No. 96-17, § 5, 9-18-1996; Ord. No. 01-18, § 5, 11-13-2001)

Speculative homes may be permitted in any zoning district which permits construction, erection or emplacement of that type of unit, provided the unit is constructed, erected or emplaced in compliance with the property development regulations for the zoning district in which located. No advertising signs or model, open house or open for inspection signs, as defined in Chapter 30, will be permitted, except a for sale sign.

(LDC 1994, § 34-1953; Zoning Ord. 1993, § 520(C); Ord. No. 96-17, § 5, 9-18-1996; Ord. No. 98-03, § 5, 1-13-1998)

(a)

Generally. Model homes and model units may be permitted by right, by special exception, or by administrative approval as specified in zoning district use regulations and as follows:

(1)

Administrative approval. The Director may administratively approve the location of individual model homes and model units in accordance with Section 34-174.

(2)

Special exception. The Hearing Examiner, after public hearing, may approve the location of individual model homes and model units in existing developments provided the provisions of this division are met.

(b)

Location; connection of utilities and Certificate of Occupancy.

(1)

Each model home must be located on a single lot. Model units are permitted in any townhouse or multiple-family building.

(2)

Model homes must be connected to water, sewer and electricity and must receive a Certificate of Occupancy as a model home only, prior to use as a model.

(3)

Model homes may be approved only in areas where they will not adversely affect existing residents. Except for the CC and CG Zoning Districts, only models for the type of dwelling unit allowed in the district where the model is located may be permitted.

(4)

Multiple model homes utilizing the same basic floor plan will not be permitted within the same development prior to the final recording of the subdivision plat. Each model must have a floor plan that is distinctly different, as determined by the Director, from other model homes within the development.

(c)

Prohibited uses.

(1)

No model home or model unit may be used for living purposes either temporarily or permanently while used as a model home or model unit.

(2)

No real estate sales, except those incidental to the sale of model homes, model units or lots within the development may be conducted in a model home or model unit.

(d)

Time limitations.

(1)

Model homes. Approval for a model home will be valid for a period of time not exceeding three years from the date of issuance of a Certificate of Occupancy for a model home, unless the Director or Hearing Examiner (as applicable) grants an additional specified time limit. Upon expiration of the approval, the owner may:

1)

Apply for an administrative extension of the model home use;

2)

Apply for a change of use permit to convert the model to a living unit; or

3)

Remove the model from the property.

(2)

Model units. The use of a model unit within a townhouse or multiple-family building may not extend beyond the initial sale period for that phase.

(e)

Change of use. No model home or model unit may be converted to a living unit prior to application and approval of a change of use permit.

(f)

Parking. Except when located in a model display center or within a model display group, parking for the model home or model unit must be on the same premises and must be in compliance with parking requirements of this chapter for the type of dwelling unit or recreational vehicle being displayed.

(LDC 1994, § 34-1954; Zoning Ord. 1993, § 520(D); Ord. No. 96-17, § 5, 9-18-1996; Ord. No. 99-05, § 9, 6-29-1999; Ord. No. 01-18, § 5, 11-13-2001; Ord. No. 13-10, § 10, 5-28-2013; Ord. No. 19-03, § 7, 4-2-2019)

(a)

Model display centers may be approved in commercially-zoned districts that permit model display centers, as indicated in the use regulations for Commercial Districts. Model display centers may be approved by administrative approval in accordance with Section 34-174.

(b)

Units within a model display center may be connected to electricity but may not be connected to water or sewer.

(c)

Units may not be used for permanent occupancy, nor may they be used to provide office space. All sales must be conducted in a main sales office on or off the premises.

(d)

Parking must be provided adjacent to the sales office in accordance with the parking regulations for offices and developed in accordance with Chapter 10.

(e)

This section does not prohibit the designation of various units within a multiple-family building or complex as model units during the sale of units within the building or complex.

(LDC 1994, § 34-1955; Zoning Ord. 1993, § 520(E); Ord. No. 96-17, § 5, 9-18-1996; Ord. No. 01-18, § 5, 11-13-2001; Ord. No. 19-03, § 7, 4-2-2019)

(a)

Model display groups may be approved by special exception in any district that permits model homes as indicated in the use regulations.

(b)

Each model home must comply with the regulations stated in Section 34-1954 except that additional parking may be approved on an abutting lot, provided that:

(1)

It is approved as part of the special exception;

(2)

It obtains a development order and complies with the regulations for a low-turnover parking lot;

(3)

Buffering requirements for a commercial use are provided where the lot abuts a residentially zoned lot under separate ownership; and

(4)

A bond or other surety in an amount and form acceptable to the County is posted prior to issuance of a development order to guarantee the removal of the parking lot and the restoration of the site to a landscaped condition suitable for residential use.

(LDC 1994, § 34-1956; Ord. No. 01-18, § 5, 11-13-2001)

(a)

New developments. Residential and nonresidential uses must provide off-street parking spaces in accordance with the regulations in this division.

(b)

Existing developments.

(1)

Existing buildings and uses with existing off-street parking spaces may be modernized, altered or repaired without providing additional parking spaces, provided there is no increase in total floor area or capacity. Buildings which have been damaged by fire or other natural forces in excess of 50 percent and are reconstructed at (but not to exceed) the legally documented actual use, density, and intensity existing at the time of destruction must provide, no less than, the number of parking spaces existing prior to the date of destruction (if existing parking spaces are less than the amount of parking required under this Code). Any subsequent changes to the actual use or increases in density and intensity on the property will be required to provide additional parking spaces associated with the change of use or development increases. In calculating the required additional parking, the required additional spaces will be proportionate to the increase in density or intensity above the preexisting development intensities or densities.

(2)

Existing buildings or uses enlarged in terms of floor area must provide additional parking spaces for the total floor area in accordance with this division.

(3)

When the use of a building is changed to a use that is required to have more parking than exists, the additional parking must be provided.

(c)

Developments on islands without vehicular access to mainland. Developments on islands where direct vehicular access to the mainland by bridge, causeway or street system is not available are exempt from this division.

(LDC 1994, § 34-2011; Zoning Ord. 1993, § 202.16(A); Ord. No. 96-17, § 5, 9-18-1996; Ord. No. 12-20, § 4, 9-11-2012; Ord. No. 23-22, § 3, 9-5-2023)

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

Drive-up means and is synonymous with the term "drive-through."

Employees means the regular working staff, paid, volunteer or otherwise, at maximum strength and in full-time equivalent numbers, necessary to operate, maintain or service a given facility or use under normal levels of service.

High turnover means and applies to parking lots wherein vehicles are parked for relatively short periods of time ranging from a few minutes to several hours. Customer parking for retail establishments, offices, or similar establishments is considered high turnover.

International cruise ships means ships that usually leave port for 24 hours or more and that provide meals, sleeping accommodations, gambling or other entertainment for customers.

Light industrial means industrial uses permitted by right in the IL Light Industrial Conventional Zoning District.

Local cruise ships means ships that usually leave port and return in less than 24 hours and that usually provide at least one meal, gambling or other entertainment.

Low turnover means and applies to parking wherein vehicles are parked for relatively long periods of time, such as employee parking during the day, or uses such as marina parking, cruise ship parking, sports arena parking, etc., wherein customers leave cars for four or more hours while attending special events, or overnight parking in residential developments.

Multiple-use development means a building or buildings containing two or more different uses. Multiple-use development includes occupants of multiple-occupancy complexes (df) and development on abutting properties not necessarily under unified or singular control. For the purposes of this definition only, the term "abutting property" means properties having a boundary line, or point or portion thereof in common, with no intervening street right-of-way or easement, or other easement over 50 feet in width.

Park-and-ride space means a parking space within 500 feet of a bus stop whereby a user leaves their vehicle and travels via bus, carpool, vanpool or bike. No part of a parking lot used to satisfy required parking for any existing use on the same premises may be used for park-and-ride spaces. Park-and-ride spaces may be located in accessory, park-and-ride or commercial parking lots or parking garages but must obtain designation by Lee County Transit (LeeTran) and approval by the Director.

Single-use development means buildings with a single occupant or multiple occupants with the same use. Single-use development includes occupants of multiple-occupancy complexes (df) and development on abutting properties not necessarily under unified or singular control.

(LDC 1994, § 34-2012; Zoning Ord. 1993, § 202.16(B); Ord. No. 93-24, § 5A, 9-15-1993; Ord. No. 96-06, § 5, 3-20-1996; Ord. No. 96-17, § 5, 9-18-1996; Ord. No. 09-23, § 10, 6-23-2009; Ord. No. 12-20, § 4, 9-11-2012; Ord. No. 13-10, § 10, 5-28-2013; Ord. No. 26-07, § 5, 6-16-2026)

Location. All required parking spaces must be provided on the same premises and within the same zoning district as the use they serve or within a zoning district that permits the same use, except for off-site parking provided by the following parking facilities:

a.

Parking lots zoned CP;

b.

Parking lots part of a multiple-use development;

c.

Commercial parking lots within the C-1, C-2, and C-2A zoning districts; or

d.

Parking lots within the Mixed-Use Overlay, when developed consistent with 34-2020(e).

(LDC 1994, § 34-2013; Zoning Ord. 1993, § 202.16(C); Ord. No. 96-06, § 5, 3-20-1996; Ord. No. 96-17, § 5, 9-18-1996; Ord. No. 07-24, § 7, 8-14-2007; Ord. No. 11-08, § 10, 8-9-2011; Ord. No. 13-10, § 10, 5-28-2013; Ord. No. 24-14, § 8, 10-1-2024; Ord. No. 26-07, § 5, 6-16-2026)

Editor's note— Ord. No. 26-07, § 5, adopted June 16, 2026, amended the title of § 34-2013 to read as herein set out. The former § 34-2013 title pertained to access.

Editor's note— Ord. No. 26-07, § 5, adopted June 16, 2026, repealed §§ 34-2014—34-2017, which pertained to parking plan, location and design generally, parking space dimension, delineation, angle and aisle width and parking lot surface and derived from Ord. No. 93-16, § 2, adopted May 19, 1993; Ord. No. 93-24, § 5B, Sept. 15, 1993; Ord. No. 93-37, § 2, Nov. 17, 1993; LDC 1994, §§ 34-2014—34-2017; Ord. No. 94-24, § 42, adopted Aug. 31, 1994; Zoning Ord. 1993, § 202.16(D)—(G); Ord. No. 96-17, § 5, adopted Sept. 18, 1996; Ord. No. 02-20, § 5, adopted June 25, 2002; Ord. No. 07-24, § 7, adopted Aug. 14, 2007; Ord. No. 09-23, § 10, adopted June 23, 2009; Ord. No. 11-08, § 10, adopted Aug. 9, 2011; Ord. No. 12-20, § 4, adopted Sept, 11, 2012; Ord. No. 13-10, § 10, adopted May 28, 2013; Ord. No. 14-13, § 7, adopted June 17, 2014; Ord. No. 17-11, § 1, adopted Sept. 5, 2017.

Except as provided in this section, required off-street parking areas may not be utilized for the sale, display or storage of merchandise, or for repair, dismantling or servicing of vehicles or equipment.

(1)

Residential property owners are not prohibited from the occasional servicing of their own noncommercial vehicle or conducting normal residential accessory uses.

(2)

The Director may approve the following upon submittal of a site plan showing that the structure will not reduce the parking spaces required for the principal use or create a traffic or pedestrian hazard:

a.

Charitable or other similar drop-off collection stations.

b.

Recycling machines or facilities.

c.

Automatic teller machines (ATMs).

d.

Other uses which do not interfere with the use of the parking lot.

(LDC 1994, § 34-2019; Zoning Ord. 1993, § 202.16(I); Ord. No. 12-20, § 4, 9-11-2012; Ord. No. 16-19, § 10, 11-15-2016)

All uses are required to provide off-street parking based on the single-use development requirement unless the use is located in a development that qualifies as a multiple-use development, in which case, the minimum required spaces for multiple-use developments may be used. Use of the multiple-use development minimum parking regulations is optional. Parking for uses not specifically mentioned in this section must meet the minimum parking requirement for the use most similar to that being requested.

(a)

Residential uses. Residential uses permitted under this chapter are subject to the following minimum requirements:

Table 34-2020(a). Required Parking Spaces for Residential Uses

Notes:

(1)

In addition to the spaces required, additional parking spaces equal to ten percent of the total required must be provided to accommodate guest parking in a common parking lot.

(2)

Where the living units are maintained under single management and the residents are not capable or permitted to own or operate private vehicles on the same premises, the Director may authorize up to a 75 percent reduction in required parking spaces if sufficient parking is provided for employees and visitors.

(3)

If vehicles back directly onto an internal roadway or accessway, the driveway must be designed so that:

1.

The driveway connects to a private internal local road or accessway with a design and posted speed limit of 25 miles per hour, or less;

2.

The visual clear zone sight distance (considering vehicles that may be parked nearby) is a minimum of 200 feet and in conformance with the visibility triangle criteria of Section 34-3131;

3.

Traffic calming devices are provided per Lee County AC-11-14; and

4.

The length of the driveway, as measured from the garage structure or the end of the stacked parking space farthest from the street or accessway must be a minimum of 22 feet to the edge of a private street right-of-way or easement line or 27 feet to the edge of pavement of an accessway. However, this section is not to be interpreted to allow buildings or structures closer to a street right-of-way or easement than permitted by Section 34-2192.

(4)

May include administrative offices or other ancillary uses to the clubhouse such as a gym and/or meeting room.

(5)

Where a residential community includes a golf course, parking for a clubhouse with food and beverage service, limited or a restaurant will be six spaces per hole or 12.5 spaces per 1,000 square feet of restaurant whichever is greater.

(b)

Nonresidential uses. Nonresidential uses permitted under this chapter are subject to the following minimum requirements:

Table 34-2020(b). Required Parking Spaces for Nonresidential Uses

Notes:

(1)

Accessory or ancillary uses must be calculated separately and in compliance with this division.

(2)

In addition to the minimum parking requirement for day care centers, adequate and safe provisions for loading and unloading clients must be provided.

(3)

An additional one space for every six seats must be provided when public use of an auditorium or other place of assembly within a school is likely.

(4)

Parking for a clubhouse with a restaurant will be six spaces per hole or 12.5 spaces per 1,000 square feet of restaurant whichever is greater.

(5)

Parking space dimensions for boat ramps must be a minimum of 12 feet wide by 40 feet long to accommodate a vehicle and boat trailer.

(6)

Minimum parking requirement is based on the boat manufacturer's specifications related to the maximum passenger capacity and crew capacity of the boat or ship using the dock or loading facility.

(7)

For meeting facilities with fixed seats, refer to recreational facilities, indoor.

(8)

If over 50 percent of the total floor area of a restaurant is used as a bar or cocktail lounge, then the minimum parking requirement will be 14 spaces per 1,000 square feet for the floor area used as the restaurant and 21 spaces per 1,000 square feet for the floor area used as the bar or cocktail lounge.

(9)

The minimum required parking requirement for Groups I, II and fast-food restaurants with no drive-up facilities located in a multiple-use development is one space per 350 square feet of total floor area.

(10)

No additional parking spaces are required when a restaurant is located within the same building as the principal use and is provided primarily for the employees and customers of the principal use.

(11)

Reserved.

(12)

Truck dock/loading bay spaces may be used to satisfy the truck and trailer parking requirement. Truck dock/loading spaces do not have to be striped.

(13)

Parking space dimensions of 15 feet wide by 60 feet long are required to accommodate truck and trailer parking. However, truck and trailer parking spaces located in truck dock/loading bays do not have to meet the parking space dimension requirements.

(14)

Where occupants utilize benches, pews or other similar seating arrangements, each 24 linear inches of seating facilities will be counted as one seat for the purpose of computing off-street parking requirements.

(15)

If more than 20 percent of the total floor area or 600 square feet, whichever is less, is used for the preparation and/or sale of food or beverages in a ready-to-consume state, parking will be calculated the same as a fast-food restaurant.

(16)

For the purposes of determining parking requirements, parking shall be determined based on a standard conveyance pad size of ten feet by 30 feet or 300 square feet of conveyance pad area. Food truck parks located in a future urban area that are connected to central utilities (water and sewer) and located within one quarter mile of at least 100 residential units with pedestrian or bicycle connections, or food truck parks located in the Mixed Use Overlay have a reduced parking requirement of four parking spaces per conveyance pad in lieu of the Mixed Use Overlay parking reduction in Table 34-2020(c).

(17)

Floor area dedicated to the production and packaging of beers, meads, wines, liquor, or similar beverages and not accessible to the general public may utilize the minimum parking requirement for "Manufacturing and Light Industrial."

(c)

Parking reduction for nonresidential uses. The Director may administratively approve a reduction to the minimum required number of parking spaces for nonresidential uses by a maximum of ten percent if one or more of the following conditions are satisfied and approval is obtained in accordance with Section 34-174:

(1)

Transit stop. The minimum required parking for a use may be reduced by five percent if a transit stop along a transit route with an average weekday PM peak hour frequency of 30 minutes or less is located within a 500-foot radius of the site's external sidewalk connection. Continuous pedestrian accommodations must be provided on-site from the external sidewalk connection to the primary entrance of the building and from the external sidewalk connection to the transit stop.

(2)

Boat slips, on the same premises. The minimum required parking for a use may be reduced by ten percent if boat docking is abutting and available on the same premises as a use.

(3)

Bicycle and pedestrian facilities and amenities. The minimum required parking for a use may be reduced by five percent if bicycle and pedestrian facilities, identified on the Bikeways/Walkways Facility Plan - Planned Facilities and Existing Facilities, Map 3D of the Lee Plan, are located in the right-of-way adjacent to the property or on the property; a continuous bicycle path and pedestrian accommodations, consistent with Section 10-610, are provided internal to the project from the bicycle/pedestrian facility to the primary entrance of the building; and, bicycle racks are provided on-site consistent with Section 10-610(e)(3).

(4)

Golf cart amenities. The minimum required parking for a use may be reduced by one space for every two designated golf cart spaces if: golf carts will be used as a means of travel to the proposed use; the use is accessed by a street where golf cart travel has been approved by Lee County; and designated golf cart parking is provided.

(5)

Public parking garages and commercial parking lots. The minimum required parking for a use may be reduced by ten percent if an existing public parking garage or commercial parking lot is located within a 500-foot radius of the site's external sidewalk connection. Continuous pedestrian accommodations must be provided on-site from the external sidewalk connection to the primary entrance of the building and from the external sidewalk connection to the public parking garage or commercial parking lot entrance.

(6)

Parking demand study. The Director may reduce the number of required parking spaces when the applicant demonstrates that parking demand is at least ten percent below what this division requires based on local data, including, but not limited to, a parking demand study performed at a minimum of three similar local facilities in accordance with the guidelines set forth by the Institute of Transportation Engineers report, Parking Generation. A methodology meeting with staff to discuss the parameters of the parking demand study is recommended prior to the collection of any data.

(7)

Park-and-ride spaces. Parking spaces in excess of the minimum requirement for the principal uses may be used as park-and-ride spaces if designated by Lee County Transit (LeeTran) and approved by the Director. If park and ride spaces are designated, the minimum required spaces for the principal uses will be determined by using the multiple-use development parking requirements. No part of a parking lot used to satisfy required parking for any use on the same premises may be used for park-and-ride. If applicable, pedestrian accommodations must be provided from the parking spaces to the transit stop.

(d)

Parking in excess of 120 percent of minimum requirements.

(1)

In commercial, industrial and mixed-use developments that require 80 parking spaces or more, each additional parking space provided at time of local development order approval in excess of 120 percent of the minimum requirements of Tables 34-2020(a) and (b) must provide:

a.

An additional 80 square feet of internal parking island landscape area for every additional parking space over 120 percent. This additional area must be provided within the parking lots or building perimeter planting area and may not be provided in the buffers adjacent to property boundaries.

b.

All internal parking island landscape areas must be planted with trees, shrubs, and ground covers. The landscape areas must include shrubs and ground cover plants with a minimum of 50 percent coverage of the landscape area at the time of planting. Trees and shrubs must meet the size requirements of Section 10-420(d). Groundcover plants must be a minimum one-gallon container size.

(2)

Development orders stamped received by the Lee County Department of Development Services prior to September 17, 2012, rendered nonconforming by the adoption of Subsection (e) of this section will not be required to obtain additional approvals for parking in excess of 20 percent of the minimum requirements.

(e)

Parking reduction within the Mixed-Use Overlay and the Boca Grande and Matlacha Historic Districts. The single-use development parking standard will be multiplied by the factors in Table 34-2020(c) to produce the minimum required off-street parking for properties within the Mixed-Use Overlay or Historic Districts within Boca Grande and Matlacha as described in HD90-05-01 and HD90-10-01. Off-street parking may be provided on the lot it serves or with available spaces within a lot described in Section 34-2015(1) within 1,320 feet of the primary entrance of the building it serves.

Table 34-2020(c). Parking Reductions Within the Mixed-Use Overlay and Historic Districts

(LDC 1994, § 34-2020; Zoning Ord. 1993, § 202.16(J); 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. 98-28, § 5, 12-8-1998; Ord. No. 99-05, § 9, 6-29-1999; Ord. No. 01-18, § 5, 11-13-2001; Ord. No. 02-20, § 5, 6-25-2002; Ord. No. 03-16, § 6, 6-24-2003; Ord. No. 05-14, § 6, 8-23-2005; Ord. No. 07-24, § 7, 8-14-2007; Ord. No. 10-24, § 1, 6-8-2010; 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. 17-11, § 1, 9-5-2017; Ord. No. 19-03, § 7, 4-2-2019; Ord. No. 24-14, § 8, 10-1-2024; Ord. No. 25-09, § 5, 4-15-2025; Ord. No. 25-12, § 2, 6-17-2025; Ord. No. 26-07, § 5, 6-16-2026)

Commercial establishments providing drive-up service windows or stalls must provide separate vehicle stacking for those uses. For the purpose of this section, a stacking unit is defined as 18 feet in length and nine feet in width. The total number of stacking units required will be based on the type of business, as follows:

(a)

Banks and financial establishments. Stacking lanes to accommodate five cars per window or point of service, including automatic teller machines, if located in a drive through lane.

(b)

Car wash. Stacking lanes to accommodate one car per service stall or five cars, whichever is greater.

(c)

Drive-in automotive oil change establishments. Stacking lanes to accommodate two cars per service bay or five stacking spaces per site, whichever is greater. Each service bay may count as one stacking space.

(d)

Restaurants. Stacking lanes to accommodate ten cars per service lane, with a minimum of five spaces preceding the menu board.

(e)

Other. Stacking to accommodate five cars per service lane.

(LDC 1994, § 34-2021; Ord. No. 12-20, § 4, 9-11-2012)

(a)

No temporary use permits for temporary parking lots will be issued on Captiva Island or within the Gasparilla Island Conservation District.

(b)

In other areas of the County, temporary use permits may be issued for temporary parking lots subject to the following:

(1)

Temporary parking lots will be allowed, in conjunction with an approved temporary use permit, commencing on December 15 and continuing until May 31. For the purposes of this subsection, temporary permits for temporary parking lots may be issued for all or part of the time period and will not be limited to 30 days as set forth in Section 34-3041(e).

(2)

Temporary parking lots are permitted on commercial or industrial zoned properties. However, any structures must remain vacant.

(3)

Temporary parking lots are permitted adjacent to or within 660 feet of a collector or arterial road. Ingress and egress to the lot be through a residential neighborhood or residentially zoned district is prohibited.

(4)

The applicant must submit to the Director a parking plan, drawn to scale, depicting: the location of access points, ropes and posts, and the circulation pattern within the parking lot, and other relevant information.

(5)

The delineation of spaces for temporary parking lots must be in accordance with Section 34-2016(2)c.

(6)

The temporary parking lot surface must be maintained in accordance with Section 34-2017(c).

(7)

The temporary parking lot must be designed to permit vehicles to enter the street right-of-way in a forward motion. The temporary parking lot must utilize an existing entrance or exit, except that no additional traffic will be directed onto residential streets. Where no access exists, the parking lot plan will be reviewed by the County Department of Transportation.

(8)

If the temporary parking lot will be used at night, adequate lighting must be provided for the driveway's ingress and egress points. The lighting must be directed to eliminate glare on any other use.

(9)

The temporary parking lot must be secured in a manner that will not permit ingress and egress except during the designated hours of operation.

(10)

The temporary parking lot must not adjoin or be less than ten feet from residential uses or residentially zoned property.

(11)

A parking attendant will be required during the hours of operation of the temporary parking lot.

(12)

The temporary parking lot must only be used for the parking of operable motor vehicles, with no overnight parking or camping. No other temporary or permanent use of the property will be allowed during the life of the temporary use permit for parking.

(13)

Section 34-3048, pertaining to ancillary uses permitted in off-street parking lots, will not apply to this section.

(14)

The hours of operation may be from 7:00 a.m. until 10:00 p.m., unless extended by the Director in writing.

(15)

The parking spaces created through the approval of temporary parking lots will not be used for calculating the off-street parking requirements set out in Section 34-2020.

(16)

Where approval for a temporary parking lot will extend beyond 30 days, Subsection (b)(17) of this section will apply.

(17)

Where a temporary parking lot abuts residential property, that portion of the parking lot must be buffered by a continuous visual screen with a minimum opacity of 75 percent and a minimum height of four feet. The visual screen may be located up to one foot from the right-of-way or street easement line. At intersections of parking lot entrances or exits with a street right-of-way or easement, no obstruction will be planted or erected which materially obstructs the driver's view of approaching traffic or pedestrians.

(LDC 1994, § 34-2022; Zoning Ord. 1993, § 202.16(L); Ord. No. 93-24, § 5C, 9-15-1993; Ord. No. 12-20, § 4, 9-11-2012)

(a)

Noncommercial or nonindustrial districts. All religious facilities and all places of worship located in noncommercial or nonindustrial districts shall be subject to the following property development regulations:

(1)

Minimum lot area and dimensions.

a.

Minimum lot area is two acres.

b.

Minimum lot width is 100 feet.

c.

Minimum lot depth is 100 feet.

(2)

Maximum building height. The building height shall be governed by the zoning district within which the use is located; provided, however, that in no zoning district shall any height limitation apply to a church spire or any single-story portion of a structure.

(3)

Maximum lot coverage. Maximum lot coverage is 40 percent in all districts unless a zone is less restrictive.

(4)

Setbacks.

a.

Minimum front setback is 25 feet.

b.

Minimum side setback is ten percent of the lot width, with a minimum of 20 feet and a maximum of 40 feet. If a structure exceeds 35 feet in height, the required side setback shall be increased on each side by an additional one-half foot for every foot of height over 35 feet. It is the intent of this subsection that flexibility of site design should be achieved by permitting the portion of a particular side setback in excess of 30 feet to be provided for by increasing the opposite side setback in the amount of such excess.

c.

Minimum rear setback is 20 feet.

d.

Minimum water body setback is 25 feet.

(b)

Commercial and industrial districts. All places of worship and all religious facilities located in a zone permitting both residential and commercial uses as principal uses shall adhere to the commercial property development regulations of that district.

(LDC 1994, § 34-2051; Zoning Ord. 1993, § 521(A)1, 2)

(a)

Minimum parking requirements are set forth in Division 26 of this article.

(b)

Parking for ancillary facilities must meet the requirements of Division 26 of this article, provided that, where the ancillary facilities will not be used at the same time, parking will be based upon the peak anticipated attendance at any one time, for all facilities.

(c)

Parking on grass. Up to 50 percent of the parking spaces required for the sanctuary or main assembly hall of a place of worship may be provided as parking on grass, provided the regulations set forth in the following sections, pertaining to off-street parking requirements, are met:

(1)

Section 10-260(d), access.

(2)

Section 10-260(a), parking plans.

(3)

Section 34-2013, location.

(4)

Section 10-260(f), design.

(5)

Section 10-260(g), dimensional requirements.

(LDC 1994, § 34-2052; Zoning Ord. 1993, § 521(A)3; Ord. No. 12-20, § 4, 9-11-2012; Ord. No. 26-07, § 5, 6-16-2026)

Expansion of existing places of worship, lawfully existing as of August 1, 1986, by right or by special exception, is hereby declared a legal use. Additions, renovations or other expansion of the main place of assembly may be permitted upon application for and approval of a building permit in accordance with all applicable County regulations, without the requirement of special exception approval. Any expansion which would constitute a religious facility will require a special exception, except in those zoning districts where permitted by right.

(LDC 1994, § 34-2053; Zoning Ord. 1993, § 521(B))

The limited enumeration of a private, fraternal or membership organization club use is not meant to limit or abridge the rights of assembly in any way. Such organizations are not prohibited from meeting in various traditional and appropriate places. For example, a service club's weekly meeting at a restaurant in a district not otherwise allowing fraternal, membership organization or private clubs shall not constitute a zoning violation. However, where such an organization is the principal user of real property for meetings, entertainment, and food and beverage service, such a meeting place, hall or clubhouse shall be permitted only where this use is explicitly enumerated.

(LDC 1994, § 34-2111; Zoning Ord. 1993, § 202.08)

(a)

Purpose. Food truck parks operate fully or partially outdoors, necessitating site and design standards to mitigate potential incompatibilities with adjacent uses and hazards due to weather. The intent of these requirements is to mitigate these possibilities without constraining the creativity or innovation of development.

(b)

Zoning application. Food truck parks that do not follow the requirements in this division must obtain a special exception to ensure appropriate compatibility, circulation, and safety. In instances where:

(1)

Food truck parks are only allowed via a special exception; the development standards in this division apply, and additional conditions may be required to ensure compatibility.

(2)

A special exception is required because the requirements in Section 34-2352 cannot be met; additional variances from that section are not required.

(c)

Consumption on premises. Consumption of alcohol on-premises within a food truck park is subject to the requirements of Section 34-1264. Alcoholic beverages within food truck parks may be dispensed from a permanent structure or a mobile food vendor properly licensed by the State of Florida. Food truck parks selling alcohol may not allow consumption of alcoholic beverages outside the designated seating area for the park.

(Ord. No. 25-12, § 2, 6-17-2025)

(a)

Design. In addition to the standard site design requirements for commercial development, food truck parks must include the design requirements in this section. Permanent structures must have a unified architectural theme and consistent finishes and colors on all facades visible to the public. Food truck parks must include all of the following:

(1)

A set number of designated, paved conveyance pads separate from the required vehicular parking area for mobile food vendors to serve customers. Parking pads for mobile food vendors must meet the principal structure setback requirements of the zoning district and provide a minimum separation distance of ten feet or the minimum separation requirements of the NFPA between pads, whichever is greater.

(2)

On-site permanent sanitary facilities.

(3)

Pedestrian connections from the mobile food vendor serving areas(s) to the seating and parking areas.

(4)

Permanent roofed structure(s) must account for a minimum of 30 percent of the total seating area(s).

(5)

Internal circulation providing conveyance access to the conveyance pad(s). In no instance shall a conveyance traverse a required buffer or landscaped area to access the conveyance pad.

(b)

Utility connections. Conveyances shall connect to permanent on-site utility connections available to each conveyance pad. Conveyances shall not use generators for power unless on-site power is malfunctioning.

(c)

Hurricane preparedness.

(1)

Food truck parks must include a permanent weatherproof structure capable of storing and securing outdoor furniture and other accoutrements during a hurricane or extreme weather event.

(2)

Conveyances placed in flood hazard areas must be:

a.

On-site for fewer than 180 consecutive days; or

b.

Fully licensed and ready for highway use, meaning the conveyances are on wheels or a jacking system, attached to the site only by quick-disconnect type utilities and security devices, and have no permanent attachments, such as additions, rooms, stairs, decks, and porches.

(d)

Noise. Food truck parks must follow the County's established noise ordinance in Lee County's Code of Ordinances, Article VI, Noise Control, unless a more restrictive condition of approval is issued with a zoning action associated with the property in which the establishment is located. Outdoor speakers shall be:

(1)

Affixed to a permanent structure;

(2)

Angled downwards; and

(3)

Faced away from any residential uses.

(Ord. No. 25-12, § 2, 6-17-2025)

(a)

Permitted districts. All noncommercial schools constructed by the district school board on land owned by the district school board are permitted by right in any zoning district. Also permitted by right in any zoning district is Florida Gulf Coast University, located in the Lee Plan University Campus subcategory of the University Community future land use category, including all facilities normally associated with a public university. Development of Florida Gulf Coast University will be in accordance with a campus master plan adopted pursuant to F.S. § 240.155. All other noncommercial schools are permitted in accordance with the applicable zoning district use regulations for the property.

(b)

Access. Access requirements for new schools are as follows:

(1)

Whenever possible, elementary schools will have access to local or collector streets; and

(2)

Secondary schools must have access to a collector or arterial street.

(c)

Location. No school site will be approved which, in the opinion of the Hearing Examiner, is exposed to physical constraints, hazards or nuisances which are detrimental to the health and safety of students and to the general operation of the school.

(LDC 1994, § 34-2381; Zoning Ord. 1993, § 524; Ord. No. 94-24, § 44, 8-31-1994; Ord. No. 11-08, § 10, 8-9-2011; Ord. No. 21-08, § 9, 6-1-2021)

All on-site and off-site signs shall be located, erected and constructed in accordance with Chapter 30.

(LDC 1994, § 34-2411; Zoning Ord. 1993, § 202.21)

It is the intent of this division to set forth minimum setback requirements for certain types of uses not specifically regulated elsewhere in this chapter. Where a use is not specifically regulated, the setback requirements of the zoning district in which the use is located will govern. Where this division specifies a different setback, the most restrictive will prevail.

(LDC 1994, § 34-2441; Zoning Ord. 1993, § 525(A); Ord. No. 96-06, § 5, 3-20-1996)

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

Residentially zoned property means any property zoned RSC, RS, TFC, TF, RM, RV, RVPD, MH, RPD or MHPD, and those portions of property zoned CPD indicating residential use.

(LDC 1994, § 34-2442; Zoning Ord. 1993, § 525(B); Ord. No. 94-24, § 45, 8-31-1994; Ord. No. 96-06, § 5, 3-20-1996)

(a)

The following uses must be set back a minimum of 660 feet from any residentially zoned property under separate ownership. The setback applies to all buildings and structures, and all areas used for parking of trucks or equipment, shipping, receiving, or storage.

(1)

Asphalt batch plants.

(2)

Dumps, refuse and trash.

(3)

Essential service facilities, Group III (Section 34-622(c)(13)).

(4)

Junkyard (df) or salvage yard.

(5)

Landfills, sanitary.

(6)

Manufacturing of:

a.

Chemicals and allied products, Group I (Section 34-622(c)(6)).

b.

Chemicals and allied products, Group II (Section 34-622(c)(6))—All except drugs, perfumes, toilet articles, etc.

c.

Fabricated metal products, Group I (Section 34-622(c)(14)).

d.

Lumber and wood products, Groups III, V, and VI (Section 34-622(c)(26)).

e.

Machinery, Group III (Section 34-622(c)(27)).

f.

Paper and allied products, Group I (Section 34-622(c)(31)).

g.

Petroleum (Section 34-622(c)(34)).

h.

Primary metal industries (Section 34-622(c)(35)).

i.

Stone, clay, glass and concrete products, Groups II and IV (Section 34-622(c)(48)).

j.

Textile mill products, Group III (Section 34-622(c)(50)).

k.

Tobacco (Section 34-622(c)(51)).

l.

Transportation equipment, Groups I, III, and IV (Section 34-622(c)(52)).

(7)

Research and development laboratories, Group III (Section 34-622(c)(41)).

(8)

Lumber and wood products, Group I (Section 34-622(c)(26) excluding woodchipping operations.

(9)

Stockyards.

(10)

Wrecking yard—Auto and other.

(b)

The following uses must be set back a minimum of 330 feet from any residentially zoned property under separate ownership. The setback applies to all buildings and structures, and all areas used for parking of trucks or equipment, shipping, receiving, or storage.

(1)

Hatcheries, poultry.

(2)

Manufacturing of:

a.

Food and kindred products, Group I (Section 34-622(c)(15)).

b.

Leather products, Group I (Section 34-622(c)(25)).

c.

Lumber and wood products, Group I (Section 34-622(c)(26)), excluding sawmills and planing mills (SIC 242)).

(3)

Research and development laboratories, Group I (Section 34-622(c)(41)).

(4)

Wholesale establishments, Groups I and II (Section 34-622(c)(56)).

(c)

The following uses must be set back a minimum of 300 feet from any property under separate ownership zoned other than AG, IG or IR. The setback applies to all buildings and structures, and all areas used for parking of trucks or equipment, shipping, receiving, or storage.

(1)

Feedlots.

(2)

Milk processing plants.

(3)

Fertilizer mixing.

(4)

Bulk chemical storage for crop dusting.

(d)

The following uses must be set back a minimum of 100 feet from any residentially zoned property under separate ownership. The setback applies to all buildings and structures, and all areas used for parking of trucks or equipment, shipping, receiving, or storage.

(1)

Blacksmith shop.

(2)

Freight and cargo handling establishments (Section 34-622(c)(17)).

(3)

Impound yard.

(4)

Manufacturing of:

a.

Boats.

b.

Chemicals and allied products, Group II (Section 34-622(c)(6))—Limited to cosmetics, perfumes, etc.

c.

Fabricated metal products, Group II (Section 34-622(c)(14)).

d.

Food and kindred products, Group II (Section 34-622(c)(15)).

e.

Furniture and fixtures (Section 34-622(c)(18)).

f.

Leather products, Group II (Section 34-622(c)(25)).

g.

Lumber and wood products, Group IV (Section 34-622(c)(26)).

h.

Machinery, Groups I and II (Section 34-622(c)(27)).

i.

Paper and allied products, Groups II and III (Section 34-622(c)(31)).

j.

Stone, clay, glass and concrete products, Groups I and III (Section 34-622(c)(48)).

k.

Textile mill products, Groups I and II (Section 34-622(c)(50)).

l.

Transportation equipment, Group II (Section 34-622(c)(52)).

(5)

Motion picture studio.

(6)

Photofinishing laboratory.

(7)

Rental or leasing establishment, Group IV (Section 34-622(c)(39)).

(8)

Repair shops, Group V (Section 34-622(c)(40)).

(9)

Social services, Group II (Section 34-622(c)(46)).

(10)

Stacking of shipping containers, truck trailers, and other similar structures (Section 34-3105).

(e)

Except when located in the C-2 District, the following uses must be setback a minimum of 100 feet from any residentially zoned property under separate ownership. If located in the C-2 District, the setback must be as required for other uses in the same district.

(1)

Manufacturing of:

a.

Apparel (Section 34-622(c)(1)).

b.

Electrical machinery and equipment (Section 34-622(c)(11)).

c.

Fabricated metal products, Group III (Section 34-622(c)(14)).

d.

Food and kindred products, Group III (Section 34-622(c)(15)).

e.

Lumber and wood products, Group II (Section 34-622(c)(26)).

f.

Measuring, analyzing, and controlling instruments (Section 34-622(c)(28)).

g.

Novelties, jewelry, toys, signs, Groups I, II, and III (Section 34-622(c)(29)).

h.

Rubber and plastics products, Group II (Section 34-622(c)(43)).

(f)

The minimum setbacks set forth in Subsections (a), (b), (d), and (e) of this section are not applicable to those facilities legally in existence and operation, or to an industrial subdivision legally in existence, prior to a residential zoning or use being approved closer than the required setbacks.

(LDC 1994, § 34-2443; Zoning Ord. 1993, § 525(C), (D); Ord. No. 94-24, § 45, 8-31-1994; Ord. No. 96-06, § 5, 3-20-1996; Ord. No. 00-14, § 5, 6-27-2000; Ord. No. 04-05, § 1, 4-27-2004; Ord. No. 26-07, § 5, 6-16-2026)

The regulations set forth in this division for specific sports/amusement parks and facilities are in addition to any other applicable regulations. In the case of conflict, the most restrictive regulations apply. Government owned and operated parks, as found in Section 34-622(c)(32), are exempt from this division.

(LDC 1994, § 34-2471; Zoning Ord. 1993, § 526(A); Ord. No. 13-10, § 10, 5-28-2013)

(a)

New sports/amusement parks and recreational facilities. The following types of sports/amusement parks and recreational facilities, regardless of land area involved, shall only be permitted when approved as a Planned Development District:

(1)

Arenas, stadiums, racetracks and other similar facilities, private or commercial.

(2)

Drive-in theaters.

(3)

Outdoor shooting ranges, and only when in compliance with National Rifle Association safety standards.

(4)

Any commercial sports/amusement park and recreational facility exceeding ten acres in land area.

(b)

Existing recreational facilities and parks.

(1)

Planned developments. Recreation halls and other sports/amusement parks and recreational facilities within an approved PUD or PD shall be subject to the provisions of the approving resolution or ordinance.

(2)

Other developments. Recreation halls and other sports/amusement parks and recreational facilities lawfully existing as of the effective date of the ordinance from which this section is derived shall be permitted to remain, provided that any expansion of land area, buildings or structures shall comply with the provisions of this section.

(LDC 1994, § 34-2472; Zoning Ord. 1993, § 526(B); Ord. No. 93-24, § 14B, 9-15-1993)

All sports/amusement parks and facilities, whether a principal use or accessory use, shall be located on property meeting the minimum lot size and dimensions of the zoning district in which located as well as any additional area, width or depth required to permit full compliance with all setbacks, ground cover, open space, buffering, drainage and parking requirements as set forth in this chapter or Chapter 10, whichever is most applicable.

(LDC 1994, § 34-2473; Zoning Ord. 1993, § 526(C)1)

(a)

Minimum setbacks. Minimum setbacks for uses subject to this division are as follows:

(1)

Street setbacks shall be as set forth in Section 34-2192.

(2)

Water body setbacks shall be as set forth in Section 34-2194.

(3)

Side and rear setbacks shall be as set forth in the property development regulations of the zoning district in which located, except as provided in this division.

(b)

Setback requirements. Setback requirements for specific uses are as follows:

(1)

Commercial outdoor sports/amusement parks, amusement devices and water slides. Amusement devices, water slides, miniature golf and other commercial outdoor sports/amusement parks and facilities not specifically regulated shall be located not less than 50 feet or a distance equal to the height of the structure or device, whichever is greater, from any property under separate ownership, provided further that such setback shall be 100 feet from any adjacent property zoned RS, TF, TFC, RM, MH or RPD, or any existing residential use.

(2)

Arenas, stadiums and racetracks. No commercial or private arenas, stadium facilities, racetracks or other similar commercial or private facilities, other than parking, shall be permitted within 500 feet from any property line abutting property zoned RS, TF, TFC, RM, MH or RPD, or any existing residential use, provided that the 500-foot setback shall only apply to property outside of the planned development project.

(3)

Bleachers and other seating facilities. All outdoor seating facilities, including, but not limited to, bleachers and other outdoor seating areas, shall be located not less than 25 feet from any property under separate ownership.

(4)

Drive-in theaters. All outdoor movie screens shall be located a minimum of 100 feet from any lot line, with the screen so oriented that the picture is not visible from any existing or proposed arterial or collector street.

(5)

Golf driving range not part of an approved golf course. The playing area and hitting field for a golf driving range not part of an approved golf course shall be set back sufficiently to prevent golf balls from being hit onto property under separate ownership.

(6)

Recreation halls and private clubs. Recreation halls and ancillary facilities and private clubs shall be located at least 40 feet from any residential dwelling and situated in a manner so as to encourage pedestrian and bicycle traffic.

(7)

Outdoor shooting ranges. All outdoor shooting ranges shall be set back from adjacent properties in accordance with standards established by the National Rifle Association.

(8)

Other facilities. The following facilities are specifically regulated elsewhere in this chapter:

a.

Marinas, Section 34-1862.

b.

Stables, boarding and commercial, Division 6 of this article.

c.

Swimming pools and tennis courts, Division 2 of this article.

(LDC 1994, § 34-2474; Zoning Ord. 1993, § 526(C)2; Ord. No. 93-24, § 14C, 9-15-1993)

Arenas, drive-in theaters, racetracks, stadiums and other similar types of sports/amusement facilities shall provide vehicular access from an arterial or collector street. Such access points shall be located so as to minimize vehicular traffic to and through local streets in nearby residential neighborhoods.

(LDC 1994, § 34-2475; Zoning Ord. 1993, § 526(D)1)

(a)

Accessory uses, buildings or structures for sports/amusement parks and recreational facilities which are customarily incidental to the principal use may be permitted. Such uses include, but are not limited to, restroom facilities, maintenance sheds, refreshment stands (with no alcoholic beverages unless approved in accordance with Division 5 of this article), pro shops (where applicable), and administrative offices.

(b)

During daylight hours, drive-in theater parking areas may be used for a flea market, provided no buildings are erected in connection with such use. Drive-in theaters may also be used to provide off-site parking for arenas, stadiums, etc., in accordance with Section 34-2478, if approved by the Board of County Commissioners.

(c)

Food and beverage service, limited, is permitted in any recreation hall; provided, however, no alcoholic beverages shall be distributed or consumed on the premises except in compliance with Division 5 of this article.

(LDC 1994, § 34-2476; Zoning Ord. 1993, § 526(D)2)

Artificial lighting used to illuminate the premises of sports/amusement parks and recreational facilities shall be directed away from adjacent properties and streets.

(LDC 1994, § 34-2477; Zoning Ord. 1993, § 526(D)3)

(a)

Parking facilities for sports/amusement parks and recreational facilities shall be provided in accordance with Division 26 of this article.

(b)

For occasional use facilities such as arenas and stadiums, the Board of County Commissioners may allow up to 50 percent of the parking requirement to be met off the site, provided that:

(1)

The developer owns or otherwise controls the off-site parking facility or has a binding letter from the owner of the property granting use of the property or parking facility during the life of the arena or stadium;

(2)

The developer provides adequate transportation from the parking facility to the stadium or arena; and

(3)

The developer provides additional security and traffic control personnel for any event wherein the off-site parking facilities will be required, satisfactory to the Board of County Commissioners.

(c)

Parking facilities for occasional use sports/amusement parks and recreational facilities that are lawfully existing and received a Certificate of Occupancy or Certificate of Completion prior to January 1, 1995, will be provided as follows:

(1)

For occasional use facilities such as arenas and stadiums, the Director of the Department of Community Development may allow up to 80 percent of the parking requirement to be met off the site, provided:

a.

The developer owns or controls the off-site parking facility or has a binding letter from the owner of the property granting use of the property or parking facility during the life of the temporary use permit, see Subsection (c)(2) of this section;

b.

The developer provides adequate transportation from the parking facility to the stadium or arena; and

c.

The developer provides additional security and traffic control personnel satisfactory to the County Manager or his designee for any event which requires the off-site parking facilities.

(2)

Parking facilities for occasional use sports/amusement parks and recreational facilities must be provided in accordance with Section 34-2022 of this article, except as modified herein.

a.

Temporary parking lots may be allowed, in conjunction with an approved temporary use permit, year-round. For the purposes of this subsection, temporary permits for temporary parking lots are not limited to 30 days as set forth in Section 34-3041(d).

b.

A temporary parking lot may only be permitted on:

1.

Vacant agricultural, commercial, community facilities, or industrial zoned property; or

2.

Commercial or industrial zoned property with structures, provided the structures are vacant and remain vacant for the duration of the temporary use permit.

(LDC 1994, § 34-2478; Zoning Ord. 1993, § 526(D)4; Ord. No. 95-07, § 32, 5-17-1995)

Sound systems for sports/amusement parks and recreational facilities shall meet the requirements of the Lee County Noise Control Ordinance, codified in Lee County Code Chapter 19, Article VI, as subsequently amended.

(LDC 1994, § 34-2479; Zoning Ord. 1993, § 526(D)5; Ord. No. 16-19, § 10, 11-15-2016)

(a)

Except as provided in this section, the regulations set forth in this division shall apply to all outdoor display of merchandise which is offered for sale or rent, and to all storage facilities as defined in this division.

(b)

The provisions of the division do not apply to the display, sale or rental of motor vehicles, boats, recreational vehicles, trailers, mobile homes, construction or farm equipment (see Section 34-1352); or to junk, impound yards, scrap or salvage yards (see Division 20 of this article); or to refuse, trash dumps and sanitary landfills (see Division 20 of this article); or to garage or yard sales by residents of dwelling units on their own property (see Section 34-622(c)(42)); or to the mooring or docking of aircraft or watercraft.

(LDC 1994, § 34-3001; Zoning Ord. 1993, § 527(A); Ord. No. 04-05, § 1, 4-27-2004)

(a)

All buildings and structures for uses subject to this division shall comply with the setback requirements for the zoning district in which the use is located.

(b)

Some zoning districts have specific setback requirements which may apply to storage areas.

(LDC 1994, § 34-3002; Zoning Ord. 1993, § 527(B))

Artificial lighting used to illuminate premises subject to this division shall be directed away from adjacent properties and streets, shining only on the subject site.

(LDC 1994, § 34-3003; Zoning Ord. 1993, § 527(C))

(a)

Display setbacks. No merchandise displayed out-of-doors shall be located within ten feet of any property line, or within 25 feet of any street right-of-way or street easement. Where Chapter 10 requires different setbacks due to landscaping or buffering, the regulation which requires the greatest setback shall control.

(b)

Display area.

(1)

No required parking space or aisle, or required loading space, shall be used for display purposes.

(2)

Areas used for display purposes do not need to be paved; provided, however, that the area is maintained in a sightly, dust-free manner.

(LDC 1994, § 34-3004; Zoning Ord. 1993, § 527.01)

(a)

Indoor storage.

(1)

Permitted districts. Except for warehouses and mini-warehouses, indoor storage is permitted within any zoning district when accessory to the permitted principal use of the property. Warehouses and mini-warehouses are permitted only in zoning districts for which it is specifically stated that such uses are permitted.

(2)

Setbacks. All buildings used for indoor storage which are located on the same lot as the principal building shall comply with the setback requirements for accessory buildings. Buildings used for indoor storage which are not on the same lot as the principal building, but are on the same premises, shall meet the setbacks set forth in the district regulations for principal buildings.

(b)

Open storage.

(1)

Fencing and screening. All commercial or industrial outdoor storage must be shielded behind a continuous visual screening at least eight feet in height when visible from a residential use or Residential Zoning District, and six feet in height when visible from any street right-of-way or street easement.

(2)

Storage area. Storage areas do not need to be paved. Grass or other ground cover may be used provided it is kept in a sightly and dust-free manner.

(c)

Bulk storage of flammable liquids.

(1)

Firewalls or dikes required. Whenever aboveground tanks for storage of gasoline, gas, oil or other flammable liquids are located on any land where such use is permitted, such tanks shall be surrounded by an unpierced firewall or dike of such height and dimensions as to contain the maximum capacity of the tanks. All storage tanks and adjacent structures shall meet the requirements of the Board of Fire Underwriters.

(2)

Exceptions. Storage tanks containing liquified petroleum, commonly known as bottled gas, are specifically excluded from the provisions of this Subsection (c).

(LDC 1994, § 34-3005; Zoning Ord. 1993, § 527.02; Ord. No. 93-24, § 15, 9-15-1993; Ord. No. 98-11, § 5, 6-23-1998)

(a)

Hybrid warehouses are permitted only in zoning districts that specifically list the use as permitted by right or special exception, subject to the following use and occupancy restrictions.

(1)

Permitted uses in individual units are limited to:

a.

Storage of personal property such as automobiles, boats, recreational vehicles, furniture and other personal possessions;

b.

Minor maintenance of personal property which does not create noise, vibration, glare, fumes, odors or electrical interference objectionable to the normal senses as measured from the property line of the development; and

c.

Personal hobby and recreation activities.

(2)

Prohibited uses in individual units are as follows:

a.

Dwelling units, housing units, living units, temporary living, or overnight sleeping;

b.

Installation and use of stoves, cooktops, ranges, or ovens;

c.

Operation of a business;

d.

Manufacturing or construction;

e.

Storage or use of hazardous material; and

f.

Gun ranges, discharging a firearm with an explosive ignition.

(3)

Prohibited uses and activities on the property include:

a.

Open storage as defined in Section 34-2, unless permitted in the respective zoning district and located in a distinctly separate area with dividing fencing/wall and gates;

b.

Overnight outdoor parking;

c.

Using outdoor areas for uses identified in Subsection (a)(1) of this section; and

d.

Using outdoor areas for events, festivities or gatherings without a valid temporary use permit or special event permit issued in accordance with Section 34-3041 et seq.

(b)

Units used for purposes other than dead storage must comply with the applicable occupiable space standards of the Florida Building Code.

(c)

Covenants required:

a.

Prior to building permit approval, the property owner must record a covenant in the public records that clearly indicates the uses allowed or prohibited within the hybrid warehouse development. This covenant must be consistent with this section and may not be amended without the written consent of the Director of Community Development; and

b.

The use restrictions established in this section must be reflected in property owners' association documents or lease documents affecting the property.

(Ord. No. 22-12, § 2(34-3006), 5-17-2022)

No building, structure, land or water may be used or occupied, and no building, structure or part thereof may be erected, constructed, reconstructed, located, moved or structurally altered, except in conformity with the regulations specified in this chapter for the district in which it is located, the Lee Plan and all other applicable County ordinances.

(LDC 1994, § 34-3101; Zoning Ord. 1993, § 202.06(A); Ord. No. 00-14, § 5, 6-27-2000)

(a)

Except as provided in this section for the AG, RM-2 and CS-2 Districts, no more than one principal building or structure may be erected on a single- or two-family residential lot.

(b)

In the AG Districts, a single parcel may be developed with two conventional single-family residences, provided that the parcel is developed consistent with the supplemental regulations set forth in Section 34-1180. In the RM-2 District, a single parcel developed under unified control may have more than one principal building on the lot, provided that the property is developed as a condominium or a cooperative or is retained under single ownership.

(c)

The number or principal buildings permitted, and the minimum lot sizes required in all other RM Districts are governed by Article VI, Division 3 of this chapter.

(d)

In the CS-2 District, two principal structures may be permitted in accordance with Note (5) in Section 34-844.

(LDC 1994, § 34-3102; Zoning Ord. 1993, § 202.06(B); Ord. No. 94-24, § 47, 8-31-1994; Ord. No. 13-10, § 10, 5-28-2013)

(a)

Generally. No land may be cleared, graded, excavated or filled, or otherwise altered, except in conformity with the regulations contained in this chapter and all other applicable County ordinances.

(b)

Site grading and surface water management standards for single-family residential and duplex lots.

(1)

Site grading during construction activities. The building site must be graded and maintained during construction to:

a.

Prevent erosion of soil onto adjacent or abutting properties and street rights-of-way or improved drainage conveyances.

b.

Control surface water runoff to ensure that no surface water in excess of the preconstruction discharge flows onto developed adjacent or abutting properties.

c.

Maintain the flow capacity and function of existing drainage conveyances on or abutting the site including adjacent street rights-of-way/easements or improved drainage conveyances.

(2)

Final site grading. Final grading of a lot must:

a.

Control and direct surface water runoff to ensure that surface water discharge is directed into an existing surface water management system or other offsite drainage conveyance.

b.

Preserve or relocate existing drainage conveyances necessary to maintain preconstruction flow capacity and function.

c.

Final site grading plan features must be maintained in perpetuity by the property owner. A property owner may not alter or modify the lot grading in a manner that will prevent continued drainage of the site in accordance with the lot grading plan in effect at the time the Certificate of Occupancy was issued.

(3)

Lot grading plan.

a.

Where the proposed final grade on any part of a lot is greater than 18 inches above the centerline elevation of the adjacent street or the elevation of any adjacent developed lot as measured at the property line, a grading and drainage plan demonstrating compliance with the performance standards outlined in Subsections (b)(1) and (2) of this section must be submitted with the application for building permit approval.

b.

Prior to issuance of a Certificate of Occupancy, the building site must be graded in accordance with the grading and drainage plan and a final inspection must be approved by Lee County.

(LDC 1994, § 34-3104; Zoning Ord. 1993, § 202.07; Ord. No. 00-14, § 5, 6-27-2000; Ord. No. 05-14, § 6, 8-23-2005)

(a)

Where permitted. Vehicles, truck trailers, shipping containers, and other similar structures may not be stored or used to store goods, produce, or other commodities in any zoning district unless:

(1)

Occurring in conjunction with a bona fide agricultural use located in an AG zoning district;

(2)

Open storage is listed as a permitted use in the zoning district; or

(3)

The use is approved on a temporary basis in accordance with Sections 34-3044 and 34-3050.

(b)

Screening required. Where allowed as open storage by this section, open storage areas must be in compliance with Division 36 of this Article.

(c)

Stacking. Truck trailers, shipping containers, and other similar structures may not be stacked on top of one another unless in compliance with subsection (a)(2) and the following additional requirements:

(1)

Location. The property must be located in the Industrial Development, Tradeport, or Industrial Interchange future land use category and must be zoned Light Industrial (IL), General Industrial (IG), or Industrial Planned Development (IPD);

(2)

Maximum stacking height. A maximum of three truck trailers, shipping containers, or other structures may be stacked on top of one another.

(3)

Required setbacks. Areas utilized for stacking must comply with the principal structure setbacks of the applicable zoning district and the setbacks established in Section 34-2443.

(LDC 1994, § 34-3105; Ord. No. 00-14, § 5, 6-27-2000; Ord. No. 16-19, § 10, 11-15-2016; Ord. No. 26-07, § 5, 6-16-2026)

The construction of enclosed or partially enclosed metal buildings, exceeding 240 square feet in total floor area or 12 feet in height above finished floor, must provide residential exterior cladding, as defined in Section 34-2, unless approved as a special exception, in the following Residential Districts: RS, RSA, RSC, TFC, TF, RM, RPD and the residential portions of an MPD. Single-family, duplex, two-family attached, and zero lot line dwelling units are exempt from this section.

(LDC 1994, § 34-3106; Ord. No. 01-03, § 5, 2-27-2001; Ord. No. 21-08, § 9, 6-1-2021; Ord. No. 22-12, § 2(34-3106), 5-17-2022)

(a)

Duplex and two-family attached units must be constructed with driveways (i.e., one for each unit) at least 20 feet wide and 20 feet long.

(b)

The driveway must be constructed of concrete, asphalt or concrete pavers and comply with the provisions set forth in Lee County AC 11-12 pertaining to residential driveways.

(c)

The driveway must be maintained for the life of the duplex or two-family attached dwelling in a safe and pothole free condition. Long-term or permanent use of the driveway for activities other than vehicle parking and driving is prohibited.

(LDC 1994, § 34-3107; Ord. No. 06-10, § 1, 6-12-2006; Ord. No. 07-24, § 7, 8-14-2007)

(a)

Corner lots. On a corner lot, no obstruction shall be planted or erected which materially obstructs traffic visibility within the triangular space bounded by the two intersecting right-of-way lines and a straight line connecting the two points on the street right-of-way lines 25 feet from their intersection. No structural and planting masses shall be permitted between three feet and ten feet above the average grade of each street.

(b)

Driveways and parking lot entrances. At intersections of driveways or parking lot entrances with a street right-of-way or easement, no obstruction shall be planted or erected which materially obstructs the driver's view of approaching traffic or pedestrians.

(LDC 1994, § 34-3131; Zoning Ord. 1993, § 202.22)

(a)

Applicability. This section is to provide specific standards for those outdoor rental activities that are permitted to occur on property adjacent to the Gulf of Mexico and are not located in a building.

(b)

Permitted districts. These activities are permitted only in commercial zoning districts that permit boat rentals and leasing or rental establishments, Group I.

(c)

Location. The activity or activities must be located on development properties, landward of the water body setback line for the Gulf of Mexico, unless approved by special exception, and must be situated so that they are not readily visible from any public street right-of-way or easement. There may not be any indication from any street that this activity is occurring.

(d)

Setbacks. The activity may be located no closer than ten feet to the side property lines and may not be permitted seaward of the minimum waterbody setback for the Gulf of Mexico as set forth in Section 34-2194 without a special exception.

(e)

Time limitations. The rental activity may not occur after sunset or before sunrise. Artificial lighting is prohibited.

(f)

Storage. The equipment not being displayed for rent must be stored in an enclosed structure or removed from the property when not in use.

(g)

Signage. Signage visible from any street right-of-way or street easement is prohibited. Only one on-site identification sign will be permitted. The sign must be located on the beach side of the building, facing the beach and may not exceed 25 square feet.

(h)

Parking. A minimum of five parking spaces will be provided for the outdoor water-oriented rental establishments. Any other use of the property must comply with the off-street parking requirements set forth in Article VII, Division 26 of this chapter.

(LDC 1994, § 34-3151; Zoning Ord. 1993, § 202.20; Ord. No. 94-24, § 48, 8-31-1994; Ord. No. 96-06, § 5, 3-20-1996; Ord. No. 11-08, § 10, 8-9-2011)

Editor's note— Ordinance No. 16-10, § 3, adopted April 5, 2016, repealed Section 34-3152, which pertained to non-water dependent uses, and derived from Ordinance No. 11-08, § 10, adopted August 9, 2011.

This division will apply to all businesses, clubs, recreational facilities, and residential developments wherein the wearing of clothes by members, visitors, residents, or guests is optional.

(LDC 1994, § 34-3171; Ord. No. 96-06, § 5, 3-20-1996)

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

Clothing-optional development means any business, club, residential development, or recreational facility, not otherwise defined as a sexually oriented business in accordance with Lee County Code Chapter 6, Article VI, wherein the wearing of clothes by members, visitors, residents, tenants, or guests is optional or prohibited as well as any residential development which permits members, visitors, tenants, guests, or residents to appear in a state of nudity in any common area.

Nudity means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering; the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple; or the depiction of covered male genitals in a discernibly turgid state.

(LDC 1994, § 34-3172; Ord. No. 96-06, § 5, 3-20-1996)

Any clothing-optional development must obtain a special exception and is subject to the following minimum regulations:

(1)

Clothing-optional developments which are not contained totally within an enclosed building must be completely enclosed by a fence or wall not less than eight feet in height, which provides 100 percent opacity.

(2)

Clothing-optional developments may not be located closer than 1,000 feet, measured on a straight line from property line to property line, from any school (noncommercial), day care center (child), park, playground, place of worship, religious facility, or public recreation facility.

(3)

Clothing-optional developments may not be located closer than 500 feet, measured on a straight line from property line to property line, from any existing residence under separate ownership.

(LDC 1994, § 34-3173; Ord. No. 96-06, § 5, 3-20-1996)