For the purposes of this Land Development Code, the city is hereby divided into zone districts as follows:

(1)

Preservation districts—On ecological zones maps:

(2)

Residential districts—On ecological zones maps:

(3)

Overlay districts:

a.

Special use districts—On ecological zones maps:

b.

Commercial districts—On commercial zoning map:

c.

Interior wetlands conservation district—On wetlands conservation lands maps:

d.

Resort housing district—On resort housing district map:

e.

Environmentally sensitive lands conservation district—On environmentally sensitive lands conservation district map:

f.

Telecommunications devices districts—On telecommunications districts map:

(Ord. No. 85-26, § 1(I.C.1), 11-27-1985; Ord. No. 86-25, § 3, 6-17-1986; Ord. No. 87-02, § 3, 1-6-1987; Ord. No. 92-13, § 1, 7-21-1992; Ord. No. 99-07, § 2, 11-2-1999)

(a)

The Sanibel Plan, as amended, revised and restated, adopted on February 8, 1989, by Ordinance No. 89-04, specifically adopts the following maps of the future land use map series, as the regulatory maps of the city:

(1)

Ecological Zones Maps, dated February 1989.

(2)

Commercial District Map, dated February 1989.

(3)

Resort Housing District Map, dated February 1989.

(4)

Wetlands Conservation Land Maps, dated February 1989.

(5)

Development Intensity Maps, dated February 1989.

(b)

Each regulatory map or map series is adopted and made a part of this Land Development Code. Each map or map series shall be maintained on file in the office of the city manager, or in the city's planning department; shall be available for public inspection; and copies of each shall be available at a reasonable cost to members of the public.

(c)

The ecological zones maps are designated as the "Zoning Map of the City of Sanibel." Special use districts and zonings through court order are also listed on the ecological zones maps. To designate what properties are included within the various commercial districts established by this article, the commercial zoning map dated August 1989, consistent with the commercial district map of the Sanibel Plan shall constitute the "Commercial Zoning Map of the City of Sanibel."

(d)

The use of all properties shall be controlled by the zoning district designations contained in this article for districts of the same names and boundaries as shown on the ecological zones maps, except as to permitted commercial uses. To designate what properties are included within the various commercial districts established hereby, reference shall be to the commercial zoning map. Overlay and special districts, including the resort housing district and map, the interior wetlands conservation district and wetlands conservation lands map, the environmentally sensitive lands conservation district and map, and the special use districts, shown on the ecological zones maps, permit or prohibit specific uses, as specified in the section of this Land Development Code establishing the overlay district or the ordinance creating the special use district. The development intensity maps establish permitted residential densities unless specifically modified by another section of this Land Development Code.

(Ord. No. 85-26, § 1(I.C.2), 11-27-1985; Ord. No. 86-25, § 4, 6-17-1986; Ord. No. 87-02, § 4, 1-6-1987; Ord. No. 89-23, § 1, 8-15-1989; Ord. No. 92-13, § 2, 7-21-1992; Ord. No. 02-04, § 2, 2-19-2002)

Zone district boundary lines generally follow topographical lines (except for Gulf Beach and Bay Beach), and the ecological zones maps were developed pursuant to the Sanibel Plan. The exact location of any disputed zone district boundary line shall be determined by the city council in accordance with chapter 82, article III, division 3, subdivision IV.

(Ord. No. 85-26, § 1(I.C.3), 11-27-1985; Ord. No. 89-23, § 2, 8-15-1989; Ord. No. 90-07, § 1, 5-15-1990)

The regulations contained in this Land Development Code which control the nature and extent of the uses of structures shall apply equally to the nature and extent of uses of land.

(Ord. No. 85-26, § 1(I.E.1), 11-27-1985)

It shall be unlawful to use any land or structure or to undertake or commence any development within the city except in conformity with the regulations of this Land Development Code and the zone in which such building or structure is located and the regulations controlling development in that zone.

(Ord. No. 85-26, § 1(I.E.2), 11-27-1985)

It shall be unlawful to use any land or building for any purpose other than that permitted in the zone in which such land or building is located and in accordance with other development regulations applicable in that zone.

(Ord. No. 85-26, § 1(I.E.3), 11-27-1985)

It shall be unlawful to undertake or commence any development except in conformity with a development permit issued pursuant to chapter 82, article IV. Commencement of any such activities before obtaining a development permit, and noncompliance with any of the terms of a development permit, are violations of this Land Development Code and any such violation is hereby deemed to be a public nuisance. The city may undertake proceedings to abate the violation and public nuisance in accordance with chapter 82, article VII.

(Ord. No. 85-26, § 1(I.E.4), 11-27-1985)

(a)

Any uses not specifically permitted in any of the zone districts established by this chapter are hereby expressly prohibited from that zone.

(b)

Outside the Resort Housing District, resort housing use is prohibited except for nonconforming uses identified in section 126-152, or nonconforming uses approved by city council resolution. Within the Resort Housing District, resort housing use is allowed, except where prohibited, by permit issued by the city.

(c)

A medical marijuana treatment center dispensing facility or medical marijuana dispensing facility, or any substantially similar sales or retail distribution business by any other name or description, is a prohibited use within the boundaries of the City of Sanibel pursuant to the authority set forth in F.S. § 381.986(11)(b)(1).

For purposes of subsection (c) above, the below words and terms shall have the following meanings:

(1)

"Marijuana" has the meaning given cannabis in F.S. § 893.02(3), (2014), and, in addition, "Low-THC cannabis" as defined in F.S. § 381.986(1)(b), (2014), shall also be included in the meaning of the term "marijuana" (as also defined in Article X, Section 29(b)(4), Florida Constitution).

(2)

"Medical marijuana treatment center" means an entity that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their caregivers and is registered by the department of health (as also defined in Article X, Section 29(b)(5), Florida Constitution).

(3)

"Medical marijuana treatment center dispensing facility" or "medical marijuana dispensing facility" means that part of a medical marijuana treatment center operation or use which dispenses or sells marijuana to members of the public for medical purposes pursuant to the licensing requirements and authority of F.S. § 381.986.

(Ord. No. 85-26, § 1(I.E.5), 11-27-1985; Ord. No. 01-09, § 2, 6-19-2001; Ord. No. 17-011, § 1, 12-5-2017)

No lot or parcel used for single-family or duplex dwelling units may contain more than one principal structure, except for combined residential and commercial developments and except for residential cluster developments in compliance with the requirements of subsection 86-71(a).

(Ord. No. 85-26, § 1(I.E.6), 11-27-1985)

(a)

The city manager, or the manager's designee, is authorized to approve a waiver from the open body of water setback requirements to facilitate the issuance of a development permit for parcels containing an open body of water and parcels abutting an off-site open body of water. Such waiver may be issued only upon a finding by the city manager, or the manager's designee, that the following criteria have been met:

(1)

An environmental assessment report following the standards of section 82-363 is provided;

(2)

No reduction in the open body of water setback to the Sanibel River is proposed;

(3)

There are no wading bird nests within 330 feet of the open body of water where there is a proposed setback reduction;

(4)

The project design provides protection to the open body of water through means such as:

a.

Incorporating an enhanced native plant buffer around the open body of water; or

b.

A combination of a physical barrier (e.g., retaining wall) with an enhanced native plant buffer between the physical barrier and open body of water. The size, variety, and spacing of vegetation shall be appropriate to the location being revegetated and the type of habitat being created, as determined by the city manager, or manager's designee; and

(5)

The reduction in the open body of water setback is not detrimental to public safety.

(b)

There shall be no fee associated with such administrative waiver.

(Ord. No. 25-001, § 2, 3-18-2025)