A Resort Housing District was created in the early 1980's and is currently designated on the map entitled Resort Housing District, Future Land Use Map Series 2006 - 2026, adopted as part of the amended, revised and restated Sanibel Plan on September 18, 2007. The Resort Housing District map remains approved and adopted as part of this article. The regulations and restrictions for the Resort Housing District contained in this article are, where applicable, supplementary and cumulative to all other provisions of sections 78-1 through 78-11; chapter 86; chapter 94; chapter 98; chapter 106; chapter 110; chapter 118; chapter 122; and articles II through XV of this chapter. To the extent of any conflict, the provisions of this article shall control.

(Ord. No. 11-003, § 1, 6-7-2011)

(a)

In relation to the establishment of a Resort Housing District, the city council makes findings, that have been updated, modified and restated to reflect current (2011) conditions:

(1)

Resort housing and longer term residential uses that are located outside the Resort Housing District are generally incompatible. The rapid turnover in occupancy associated with resort use can be a disruptive influence on the peaceful use and enjoyment of residential areas. In this article, nonresort housing may be referred to as residential housing or use.

(2)

Resort housing has a greater intensity of use than residential housing. This is evidenced by the following factors:

a.

The average occupancy per dwelling unit is higher for resort uses than for residential uses.

b.

Resort housing brings with it a greater demand for recreational facilities, restaurants and specialty retail stores with their associated traffic, than do residential uses.

c.

Potable water consumption and wastewater generation associated with the seasonal resort uses require the community to have large standby capacities for water supply and wastewater treatment available to support these resort uses.

(3)

Historically, the city developed as a residential community catering to a wide income range with small commercial and service establishments serving both residents and tourists. As southwest Florida developed, there has been pressure to expand the resort segment of the community. Without limits placed on the amount and location of resort housing units, resort uses could have overwhelmed the residential sector of the community. An over supply of resort housing units would have made the city a less attractive place to live and would have a negative effect on the city's economy, which is dependent upon maintaining a balance between resort and residential housing.

a.

The Sanibel Plan, Section 2.6.3, Housing, points out that the city has had success since 1975, in minimizing the instability in the economy by increasing the percentage of residential units in its total housing stock.

b.

It is an objective of the city to maintain the balance between resort and nonresort housing.

(4)

The Sanibel Plan, Section 2.5.1, Permitted Uses, states that permitted uses should take into account existing patterns of development and the need to maintain a balance between resort and nonresort housing uses. To achieve community objectives, it was necessary to establish the Resort Housing District to delimit the area where resort housing is a permitted use.

(5)

While it would have been preferable to create a compact, contiguous Resort Housing District, treating established resort housing units outside the district as nonconforming uses, this approach had drawbacks. The better approach recognized existing and historical patterns of development and use; included even isolated parcels developed for resort housing use in the Resort Housing District where they are located, oriented, and buffered so as to sufficiently protect nearby residential uses; and to require nonconforming resort housing uses located outside the Resort Housing District to change to a permitted use when these properties redevelop.

(b)

In relation to the maintenance of the Resort Housing District and an upgrading of its aging buildings, the city council makes the following findings:

(1)

Since the creation of the Resort Housing District, the majority of new development in the district has been residential uses.

(2)

Residential development outside the Resort Housing District in combination with residential development in the district has achieved an acceptable balance between residential and resort housing, creating the desired residential component of the city's economy.

(3)

As the city approaches "build-out", the city recognizes the need to retain an adequate inventory of short-term occupancy units in support of the local economy, including maintenance of property values.

(4)

Virtually all existing resort housing developments in the Resort Housing District exceed the limits established on the development intensity map.

(5)

To encourage the retention of resort developments, the city recognizes the incentive that is created by permitting redevelopment of existing resort uses at existing densities. These existing densities are within the levels of service standards for public facilities established in the Sanibel Plan.

(6)

To improve building safety and compliance with the building code and flood regulations and to maintain the character of the community, the city recognizes the need to facilitate both reconstruction and rehabilitation of existing resort developments in the Resort Housing District, in accordance with the objectives and policies of the Sanibel Plan, including maintaining the carrying capacity of the beach for use by wildlife.

(Ord. No. 11-003, § 2, 6-7-2011)

The creation and maintenance of the Resort Housing District are meant to accomplish the following purposes, intent, and objectives:

(1)

Separation of resort housing developments from nonresort residential uses that are located outside the Resort Housing District, so as to minimize the detrimental effect of resort uses on residential housing neighborhoods and to enhance the resort character and function of resort housing areas.

(2)

Clear and definite delineation of boundaries, so that property owners, realtors, and tourist visitors can easily determine which residential units may be rented for resort use.

(3)

Creation and maintenance of a reasonably compact and contiguous Resort Housing District, plus the inclusion of only those separated parcels as have been developed for resort housing use and are located, oriented, and buffered so as to sufficiently protect nearby residential neighborhoods.

(4)

Allow developments located within the Resort Housing District to make improvements to aging buildings and accessory structures and to replace aging buildings and accessory structures, provided there is no change of use, in order to:

a.

Encourage the retention of short-term rental units;

b.

Provide opportunities for upgrading resort accommodations; and

c.

Improve building safety by compliance with the building code and flood requirements.

(5)

Allow continuation of nonconforming resort housing uses located outside the Resort Housing District until they are redeveloped as a permitted use.

(Ord. No. 11-003, § 3, 6-7-2011)

Throughout this article, the following words shall have the meanings indicated unless the text of the section in which used clearly indicates otherwise:

Reconstruction means the demolition and removal of existing buildings and structures that are replaced by new buildings and structures constructed in compliance with all applicable provisions of the Sanibel Plan and Land Development Code currently in effect at the time.

The substantial improvement of an existing building, including compliance with flood regulations, is considered reconstruction. Although, the building back of units substantially damaged by a natural disaster is also reconstruction, for the purposes of these regulations, that activity is distinct from redevelopment, pursuant to article V of this chapter.

In the event that a development located within the Resort Housing District is substantially damaged by a natural disaster, that development can be built back pursuant to the build back requirements of article V of this chapter or reconstructed pursuant to the redevelopment standards of this article.

Redevelopment means the discretionary act of reconstruction or the substantial improvement, as defined by chapter 94, of aging buildings or structures.

Rehabilitation means the modernization, enhancement, restoration or updating associated with improving either the physical appearance or condition of an existing building or structure, including all typical components and systems. Rehabilitation shall not be deemed redevelopment unless it constitutes a substantial improvement, as defined by chapter 94.

(Ord. No. 11-003, § 4, 6-7-2011)

(a)

Within the Resort Housing District, the permitted uses of lands are controlled by the regulations applicable to the zone district in which such lands are otherwise located. However, in addition, such lands and building on those lands in the Resort Housing District may be used for resort housing, including fractional fee and timeshare estates, in accordance with the limitations of this article.

(b)

Certain properties located in the Resort Housing District were developed or subdivided pursuant to city permits which required rental restrictions prohibiting resort housing use of the development. Such restrictions against resort housing use were required because the size and configuration of units in the developments exceeded the average occupancy rate permitted for resort housing use. A listing of residential developments, (including single-family dwellings identified by address) located in the Resort Housing District, that are prohibited from resort housing use follows:

(c)

Properties in the Resort Housing District, that are developed or redeveloped for residential use, but are prohibited against use as resort housing, will be added to the preceding list as a ministerial function and not as an amendment.

(d)

For lands in the Resort Housing District which are also located in the Gulf Beach Ridge Zone, resort housing accessory commercial uses are allowed as conditional uses, subject to approval in accordance with the requirements of articles II and IV of this chapter.

(e)

Resort housing accessory beach equipment is allowed as a permitted accessory use at resort housing developments, subject to compliance with the requirements of section 126-638.

(Ord. No. 11-003, § 5, 6-7-2011)

(a)

The Development Intensity Map of the Future Land Use Map Series of the Sanibel Plan establishes the limits of density (maximum number of dwelling units) on lands in the Resort Housing District. Section 126-242 incorporates both the development intensity map and the Resort Housing District Map into the Land Development Code.

(b)

This section of the Land Development Code implements a redevelopment strategy that balances property rights with environmental, public safety and community welfare considerations and encourages retention of resort housing units (hotel, motel and resort condominium units), when these resort housing properties redevelop.

(c)

Existing developments, including those in the Resort Housing District, that exceed the number of units permitted by the development intensity map, are nonconforming. However, pursuant to LDC section 126-131, these units are permitted "to continue until they are eventually removed".

(d)

To maintain the city's stock of short-term occupancy units, existing hotels, motels or resort condominiums that are rehabilitated or redeveloped in accordance with the Sanibel Plan and the Land Development Code are allowed to maintain their existing nonconforming density and presumed average occupancy rate, provided that redeveloped hotels, motels or resort condominiums shall:

(1)

Not exceed either the number of bedrooms per unit or the total square footage of habitable floor area that existed within the prior development. However, single bedroom units may increase their habitable floor area up to 600 square feet per unit.

(2)

Continue the same resort housing/short-term rental occupancy use of the prior development.

(e)

Furthermore, pursuant to section 86-71, hotel, motel or resort condominium units have an average occupancy rate that is greater than 2.2 individuals per dwelling unit. However, to maintain the stock of short-term occupancy units in the city without increasing the development intensity of the redeveloped site, existing hotels, motels or resort condominiums that are redeveloped in accordance with the Sanibel Plan and the Land Development Code are allowed to maintain the presumed average occupancy rate of the prior development, calculated pursuant to section 86-71.

(f)

When existing hotels, motels or resort condominiums maintain short-term occupancy at the time they redevelop, they can maintain up to their existing number of units. When existing hotels, motels or resort condominiums change the use to limit short-term occupancy at the time they redevelop, they must conform to the limits established by the development intensity map, which in almost all cases will result in a reduction from the number of units on the site to be redeveloped prior to the redevelopment.

(g)

Redevelopments, that exceed the number of units permitted by the development intensity map, remain nonconforming.

(Ord. No. 11-003, § 6, 6-7-2011; Ord. No. 14-002, § 1, 6-17-2014)

(a)

Lands in the Resort Housing District shall be subject to all of the regulations for the zone district in which they are otherwise located. Use of such lands in the Resort Housing District shall be subject to all conditions, limitations, and regulations contained in this Land Development Code, the same as if such lands were not included in the Resort Housing District.

(b)

This subsection implements a redevelopment strategy that requires the protection and restoration of the beach and dune system while providing standards for the retention of resort housing units (hotel, motel, and resort condominium units) as part of the city's housing stock. The following requirements shall apply to all lands within the Resort Housing District:

(1)

Generally.

a.

Redevelopment of existing residential units in the Resort Housing District may be phased provided that a master plan is submitted and approved by the city that includes:

1.

Building plans and a site plan for all the units and accessory structures intended for reconstruction, including the removal of all development in the Gulf Beach Zone.

b.

The master plan must demonstrate that nonconformances are not expanded and are eliminated to the extent feasible.

c.

The master plan can include both redevelopment and rehabilitation activities.

d.

Neither redevelopment, nor rehabilitation, including the addition of accessory uses, is permitted to have a deleterious effect on the carrying capacity of the beach for use by wildlife.

e.

Except for beach dune accessways, all existing development, including accessory structures, located in the Gulf Beach Zone, must be removed from the Gulf Beach Zone when a resort redevelops its residential units.

f.

Parking spaces shall not exceed two parking spaces per resort unit plus parking spaces for employees and shall first be provided under elevated buildings.

(2)

Recreation open space requirements. When short-term rental units are redeveloped in the Resort Housing District, that development shall provide recreational open space outside of the Gulf Beach Zone to reduce the use of the gulf beach. Recreational open space may include swimming pools, decks, game courts, and outdoor seating areas either at ground level or on roof top. The recreational open space shall be equal to ten percent of the parcel area landward of the 1974 CCCL; but if ten percent is not feasible, then to the greatest extent feasible, with a minimum of two separate uses (e.g., pool area with deck and an outdoor seating area away from the pool) provided and equally available to all units. If planning staff and the applicant cannot agree on the amount of recreational open space that is feasible to provide, then the application will be processed as a long-form development permit with a planning commission public hearing. Notwithstanding the open space requirements of this subsection (b)(2), such requirements shall not apply to Sand Pointe Condominium, because of court order, or to any structure which on April 10, 1979, had been lawfully constructed or permitted with no limitation prohibiting resort housing use.

(3)

Height limits for buildings.

a.

The height of new and substantially improved buildings will not exceed three stories above the base flood elevation, except that buildings replacing condominiums substantially damaged or destroyed by a natural disaster may exceed the height of the building immediately prior to the disaster by up to one story if the building must be elevated above the ground level to comply with the flood ordinance and prohibiting the additional height would result in the loss of a dwelling unit by its owner. This limitation is established by Policy 1.1 in the Scenic Preservation Element (Section 3.2.5) of the Sanibel Plan.

b.

The maximum height of buildings, other than the exception provided in subsection (b)(3)a., shall not exceed 37 feet above the base flood elevation of the FEMA Flood Insurance Rate Map (FIRM) or the Florida Building Code for buildings located seaward of the state's 1991 Coastal Construction Control Line (CCCL), whichever is higher.

c.

A permitted exception to the maximum height limitation is provided solely for a pitched roof on multifamily buildings designed with three habitable floors or stories above the base flood elevation. For purposes of this section, a mansard roof is not considered a pitched roof.

The maximum height of the sloped roof shall not exceed 8.3 feet above the established maximum building height.

The interior areas of roofs exceeding the height limit for buildings in the Resort Housing District may be used for additional ceiling height but shall not be used for additional habitable space or stories beyond the three permitted by this subsection.

(4)

Coverage with impermeable surfaces, developed areas, and vegetation removal.

a.

Redevelopment plans shall evaluate the ability to meet the maximum allowed impermeable surface, developed area, and vegetation removal based upon the ecological zone(s) of the parcel. If these development standards cannot be met, then the redevelopment site plan shall not increase the nonconformity to impermeable surface, developed area, and vegetation removal, and shall decrease the nonconformity to the extent feasible.

b.

To encourage maintenance of the stock of short-term occupancy units in the city, the interpretation of LDC section 126-172 for existing developments in the Resort Housing District shall be as follows:

Developments in the Resort Housing District that are nonconforming because they exceed the limits established for the maximum amount of coverage with impermeable surfaces, developed areas, and vegetation removal are permitted to add impermeable surfaces and developed area and remove vegetation, provided that these improvements include:

1.

The removal of an equal amount of existing impermeable surfaces and developed area (one square foot removed for every one square foot added);

2.

Restoration of these areas where impermeable surfaces and developed areas are removed by:

(i)

Planting native vegetation; and

(ii)

Supplementing on-site stormwater retention volume.

c.

Developments, that exceed limitations on the amount of coverage with impermeable surfaces, developed areas, and vegetation removal permitted by the ecological zones map, can rehabilitate and make improvements pursuant to this subsection; however, these developments remain nonconforming.

(5)

Minimum setbacks.

a.

Redevelopment plans shall evaluate the ability to meet the minimum setbacks required. If the required setbacks cannot be met, then the proposed setbacks must not be less than the existing nonconforming setbacks and additional buffer plantings must be included in the vegetation plan based upon site-specific circumstances as a means of providing a barrier to both light and sound created by such uses.

b.

Pursuant to Policy 3.1 in the Coastal Zone Protection Element (Section 3.2.1) of the Sanibel Plan, new development and redevelopment in the Gulf Beach Zone (i.e., seaward of the 1975 Coastal Construction Control Line) is prohibited.

c.

Reconstruction of buildings in existing developments in the Resort Housing District is not subject to the minimum distance between buildings standard in section 126-929.

(6)

Vegetation and gulf beach restoration.

a.

Roadside buffers are required along collector and arterial roadways, pursuant to section 122-72, for reconstruction of residential units.

b.

Restoration of the Gulf Beach Zone meeting the requirements of section 126-675 is required.

c.

Removal of invasive exotic species of plants, except for minor improvements defined in chapter 122, is required for redevelopment and rehabilitation activities.

d.

To protect the beach dune system and beach vegetation that are essential for continued preservation of the shoreline, one accessway to the beach is required. A second accessway may be permitted if the property has more than 200 linear feet of shoreline. If a third party has a deeded beach access through the property, that accessway does not count towards the number of accessways allowed for the subject property.

e.

The use of sod is discouraged. Sod limitations are established under the environmental performance standards (chapter 126, article XIII).

f.

A vegetation plan that includes roadside buffers, Gulf Beach Zone restoration (100 percent native vegetation), and open space areas must be submitted with the redevelopment plan meeting the landscape standards (chapter 122) and the environmental performance standards (chapter 126, article XIII).

(7)

Community character. Redeveloped buildings and structures shall comply with the requirements of section 86-43 appearance of structures, size, and mass of structures.

(8)

Historically significant buildings.

a.

Historically significant buildings identified on the local register of historic sites and structures shall be subject to the procedures and requirements of chapter 98, historic structures.

b.

Pursuant to Policy 1.5 in the Historic Preservation Element (Section 3.2.4) of the Sanibel Plan, retain the natural character of the gulf beaches for their significant contribution to the historical character of the City of Sanibel.

(9)

Best ecological practices.

a.

The city is receptive to new technologies that can save resources and promote efficiencies; however, even "best ecological practices, i.e., "green technologies" have to be consistent with the Sanibel Plan, compliant with the Land Development Code, and designed in a manner that is compatible with the character of the community.

b.

Land areas that are occupied by facilities that are bona fide "best ecological practices" are included in the calculation of coverage with impermeable surfaces and developed area, unless specifically exempt.

(10)

On-site surface water management.

a.

Redevelopment site plans must demonstrate compliance with surface water management standards pursuant to chapter 118.

b.

For existing resort developments, mitigation is required for additional development that impacts the existing surface water management system to ensure that there is no loss in on-site stormwater storage and no decrease in the quality of water discharged from the site.

(Ord. No. 11-003, § 7, 6-7-2011; Ord. No. 17-013, § 1, 1-8-2018; Ord. No. 23-004, § 2, 2-7-2023; Ord. No. 23-024, § 2, 11-7-2023; Ord. No. 24-020, § 3, 9-9-2024)

(a)

A resort housing development, whether a permitted or a legal nonconforming use, may make available to its owners, tenants and guests beach equipment accessory to the resort housing use; provided, however, that the requirements of this section apply to all resort housing developments.

(b)

A development permit is required when the overnight and not in use holding areas for accessory beach equipment are outdoors and not in or under a legal building or structure; however, a development permit for outdoor holding areas for accessory beach equipment will not require removal of prohibited invasive exotic species of plants.

(c)

All resort housing developments, whether or not a development permit is required, shall operate in compliance with the requirements of this section.

(1)

Access to use of the beach equipment shall be only from within the parcel and not from any abutting street or public way, or from the public beach.

(2)

All of the dwelling units in the parcel must either be under common ownership or be approved under one development permit which unites the lands upon which the dwelling units and accessory use are located as a single parcel and as to which effective restrictive covenants are recorded on the public records of the county which perpetuate the right of dwelling unit owners, tenants, and guests to use such accessory use.

(3)

Use of the beach equipment shall be limited to the owners, tenants and guests of the resort housing dwelling units.

(4)

The application of, and exceptions to, developed area standards shall be as follows:

a.

For the outdoor holding areas for accessory beach equipment, not including bicycles, up to 150 square feet, plus 50 square feet per acre in the resort housing development, shall not constitute developed area, provided that the beach equipment in the outdoor holding area is substantially screened from view.

b.

For the outdoor holding areas for bicycles, up to 100 square feet, plus 30 square feet/acre in the resort housing development, shall not constitute developed area, provided that the bicycles in the outdoor holding areas are substantially screened from view.

Required screening for the outdoor holding areas for accessory beach equipment and for bicycles shall be from the public beach, from road rights-of-way, from adjoining properties and from public beach access ways. This screening shall be provided in a manner that is effective from off-site perspectives at ground level to six inches above the ground. Lawfully existing structures may be used provided the required screening and appropriate vegetation can be added. Fencing may also be used to provide this screening; however a development permit for the fence, that meets the requirements of chapter 126, Zoning, article XIV, Supplemental District Regulations, division 6, Fences and Walls, must be obtained.

The foregoing exceptions to the limitations on the maximum amount of developed area permitted at a resort housing development applies only to accessory beach equipment, including bicycles, and cannot be used for any other structures that constitute developed area. All outdoor holding areas for beach equipment, including bicycles, on the parcel, not excluded by the exceptions provided by this section, shall be considered developed area.

(5)

The outdoor holding areas for beach equipment shall not be located in the Gulf Beach Ecological Zone, unless:

a.

Such areas are inside or under a legal building or structure; or

b.

Such areas are located no further seaward than the most seaward building in the resort housing development and such areas are not on the beach, upon a dune, or in an area containing dune vegetation.

c.

In addition, outdoor holding areas for beach equipment shall be at an approved location that meets the minimum required front and side yard setbacks.

(6)

The beach equipment shall not be placed or positioned on the beach prior to being provided for use.

(7)

The beach equipment shall not be used, placed, located or stored on the dune.

(8)

The beach equipment shall not be placed, located, used or transported in any manner which:

a.

Destroys or materially diminishes the beach or dune system, dune vegetation, or wildlife habitat;

b.

Destroys or disturbs any wildlife nesting activities or nesting sites including marine turtle nesting activities and nesting sites;

c.

Is such that it interferes with the use of the beach by the general public; or

d.

Is inconsistent with the requirements of the Code of Ordinances, chapter 74, Waterways, article VII, Beach and Dune System, sections 74-182 Destruction or diminishment of beach or dune system, and 74-183 Exceptions, permits.

(9)

When not in use between the hours of 9:00 p.m. and 7:00 a.m., the beach equipment shall not remain on the beach, upon the dune, in an area containing dune vegetation or in the waters adjacent to the beach.

(10)

The beach equipment shall not be hawked, sold, vended or rented, or any business activity conducted, from any location on the beach or dune.

(11)

Development permit approval pursuant to the requirements of this subsection shall be valid for as long as the property remains in compliance with the requirements of this section.

(12)

The city manager, or the manager's designee, shall make periodic inspections to determine continued compliance with the requirements of this section and the conditions of approval when a development permit is required.

(Ord. No. 11-003, § 8, 6-7-2011)

(a)

Intent.

(1)

It is the intent of these architectural standards and examples to ensure that all commercial and multifamily buildings and structures in the resort housing district are designed, constructed, maintained, and improved in a manner that enhances the environment, visual and physical character of Sanibel consistent with the Sanibel Plan and its vision statement. (See also § 86-43(b) applicable to the appearance, size and mass of all buildings and structures.)

(2)

All structures should exhibit "Island-style" architecture and associated design standards described in section 86-168, Architectural harmony and section 86-169, Architectural design standards and examples. Conformance with specific architectural styles is not required by Sanibel's Land Development Code.

(b)

Application. In the event that the applicant and the planning department do not agree on whether the short-form application is in conformance with sections 86-43, 86-168 and 86-169, the following alternative procedures are established:

(1)

Pursuant to the Sanibel Code, chapter 14, article II, division 4, section 14-91 "Outside professional review", the applicant and the planning department may secure appropriate professional services to independently review the application and submit recommendations necessary to achieve compliance.

(2)

The applicant and/or the planning department may also refer the application to the planning commission, pursuant to Land Development Code, chapter 82, article III, division 3, subdivision III, Interpretations of the Land Development Code.

(Ord. No. 16-001, § 4, 4-5-2016; Ord. No. 16-012, § 3, 9-10-2016; Ord. No. 17-013, § 2, 1-8-2018; Ord. No. 23-016, § 2, 7-18-2023)

Resort housing accessory commercial uses shall be permitted subject to the following conditions set forth in this section:

(1)

The development must contain 25 or more dwelling units.

(2)

Access to the accessory use shall only be from within the site and not from any abutting street or public way.

(3)

All of the dwelling units in the development must either be under common ownership or be approved under one development permit which unites the lands upon which the dwelling units and accessory use are located as a single lot and as to which effective restrictive covenants are recorded on the public records of the county which perpetuate the right of dwelling unit owners, tenants and guests to use such accessory commercial use.

(4)

The resort housing accessory commercial use may be no larger than the applicant can demonstrate is reasonably necessary to serve the needs of the owners, tenants and guests of the resort housing dwelling units.

(5)

Resort housing accessory commercial uses shall be limited to:

a.

Restaurants (approved pursuant to section 126-91);

b.

Recreational lessons;

c.

Nonmotorized equipment rentals (approved pursuant to section 126-94);

d.

Retail sales of recreational equipment (other than vehicles, boats, and motorized equipment) used in conjunction with activities available on the site;

e.

Retail sales of food items and sundries (utilizing no more than 200 square feet of floor area for any resort housing development);

f.

Restricted real estate sales and rental offices; and

g.

Vending machines.

(6)

In the case of real estate sales and rental offices, use shall be restricted to sale and rental of whole ownership and timeshare units located on the site, and not for off-site sales and rentals. In addition, the following restrictions shall apply:

a.

Hours of operation shall be limited to 9:00 a.m. to 6:00 p.m. daily.

b.

No additional on-site parking shall be required.

c.

Permanent street graphics and temporary "open house" signs advertising the sales activity are expressly prohibited.

d.

A fully executed resolution from the board of directors of the respective condominium association or other governing body setting forth the consent and authority for the establishment of the on-site sales and rental office shall be submitted with a business tax receipt application.

e.

Only one on-site sales or rental office may be authorized for each separate resort use.

f.

The for-sale inventory shall consist of a minimum annual average of five percent of the total number of whole ownership or timeshare units at a given resort property to continue the sales office use. The respective board of directors shall provide to the city an annual accounting of the for-sale inventory, with the year commencing on the date a development permit is issued for the use.

g.

The use must be conducted within a completely enclosed building.

(Ord. No. 23-005, § 2, 2-7-2023)