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Sanibel City Zoning Code

ARTICLE VII

RESIDENTIAL DISTRICTS

Sec. 126-271. - Standards for residential uses in commercial districts.

(a)

Except for the regulations specified in subsection (c) of this section, and except for the maximum permissible floor area ratio, a residential use in a commercial district shall comply with all of the required conditions and development regulations for a commercial use in such district. Dwelling units located in a commercial district must also comply with the requirements of section 86-71 and section 86-91.

(b)

No dwelling unit in a commercial district may be used as resort housing.

(c)

Residential uses in commercial districts need not comply with the requirements of article XIV, division 5, of this chapter and chapter 122, article II, division 2.

(Ord. No. 85-26, § 1(I.G.5), 11-27-1985)

Sec. 126-291. - Permitted uses.

(a)

Primary intended uses. The A Gulf Beach Zone, including offshore areas, is designated for passive recreation and conservation uses in accordance with the requirements set forth in this division. Primary intended uses in the A Gulf Beach Zone are as follows:

(1)

Shelling.

(2)

Fishing.

(3)

Hiking.

(4)

Boating.

(5)

Swimming.

(6)

Birding.

(7)

Picnicking.

(8)

Board sailing.

(9)

Sunbathing.

(10)

Scuba diving.

(11)

Snorkeling.

(b)

Other permitted uses. The following uses are also permitted in the A Gulf Beach Zone:

(1)

Elevated beach accessways.

(2)

Public facilities.

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

Sec. 126-292. - Conditional uses.

Public utility uses in the A Gulf Beach Zone shall be permitted as conditional uses subject to the conditions and procedures set forth in article IV of this chapter.

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

Sec. 126-293. - Required conditions.

All of the primary intended uses in subsection 126-291(a) in the A Gulf Beach Zone shall be passive in nature and shall not involve the location or construction of any permanent structure or fixture of any type. There shall be no other development in the A Gulf Beach Zone, except for the following:

A lawfully existing nonconforming structure that is substantially damaged by a natural disaster may be built back in its pre-disaster footprint.

A lawfully existing nonconforming structure that is substantially damaged by a natural disaster may be reconstructed, in the three-dimensional outline of the lawfully existing habitable area of the pre-disaster building in accordance with the specific standards of this article, and the footprint of that pre-disaster building may be moved in a manner that reduces the pre-disaster building's encroachment into the Gulf Beach Zone provided that the built back building, located in a moved footprint, complies with the requirements of this article and all other provisions of the Land Development Code, except that the lawfully existing number of dwelling units can be retained.

A lawfully existing nonconforming use of a lawfully existing nonconforming structure that is substantially damaged by a natural disaster and that is built back or reconstructed, in the three-dimensional outline of the lawfully existing habitable area of the pre-disaster building in accordance with the specific standards of this article and the footprint of that pre-disaster building may be moved in a manner that reduces the pre-disaster building's encroachment into the Gulf Beach Zone, may be re-established.

(Ord. No. 85-26, § 1(I.D.2(a)(1)(d)), 11-27-1985; Ord. No. 05-017, § 14, 1-3-2006)

Sec. 126-294. - Other regulations.

Seawalls and other hardened shoreline structures are prohibited in the A gulf beach zone. Removal of any sand and sediments from the A gulf beach zone is prohibited. All access to the beach for any new developments containing more than two dwelling units will be limited to elevated walkways, such walkways are subject to approval from the state department of environmental protection. Where there are existing public accessways to the gulf beach these accessways will be retained by any new development. Emergency beach shoreline erosion control development in the A gulf beach zone is permitted in compliance with the requirements of chapter 86, article IV, division 2. Development or use of any lot or parcel in this zone must be in compliance with the requirements of section 78-11; chapter 82, article III, division 3, subdivision IV; sections 82-363 and 82-364; chapter 82, article IV, division 2; chapter 86, article II; chapter 86, article IV, division 2; chapter 94; chapter 106; chapter 110; chapter 114 (when any division of land is involved); chapter 118; chapter 122, article III; article V of this chapter; sections 126-244 through 126-249; sections 126-651 and 126-652; article XIV, divisions 1 through 4, 6 and 8, of this chapter; article XIV, division 9, subdivisions I and II, of this chapter; section 126-1156; article XIV, divisions 10 through 13, of this chapter; article XV of this chapter; and article XVII of this chapter.

(Ord. No. 85-26, § 1(I.D.2(a)(1)(e)), 11-27-1985; Ord. No. 89-23, § 3, 8-15-1989; Ord. No. 91-39, § 2, 9-3-1991)

Sec. 126-311. - Permitted uses.

(a)

Primary intended uses. The B bay beach zone, including offshore areas, is designated for passive recreation and conservation uses in accordance with the requirements set forth in this division. Primary intended uses in the B bay beach zone are as follows:

(1)

Shelling.

(2)

Fishing.

(3)

Hiking.

(4)

Boating.

(5)

Swimming.

(6)

Birding.

(7)

Picnicking.

(8)

Board sailing.

(9)

Sunbathing.

(10)

Scuba diving.

(11)

Snorkeling.

(b)

Other permitted uses. The following uses are also permitted in the B bay beach zone:

(1)

Elevated beach accessways.

(2)

Public facilities.

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

Sec. 126-312. - Conditional uses.

The following uses in the B bay beach zone shall be permitted as conditional uses subject to the conditions and procedures set forth in articles II and IV of this chapter:

(a)

Public utility uses.

(b)

Accessory piers and docks, except in the portion of this zone extending from the west boundary of Lighthouse Park to the west right-of-way boundary of Dixie Beach Boulevard at Woodring's Point.

(c)

Living shoreline stabilization projects.

(Ord. No. 85-26, § 1(I.D.2(a)(2)(c)), 11-27-1985; Ord. No. 86-33, § 2, 9-2-1986; Ord. No. 93-18, § 1, 9-21-1993; Ord. No. 25-014, § 3, 9-8-2025)

Sec. 126-313. - Required conditions.

All of the primary intended uses in the B bay beach zone in subsection 126-311(a) shall be passive in nature and shall not involve the location or construction of any permanent structure or fixture of any type. There shall be no other development in the B bay beach zone.

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

Sec. 126-314. - Other regulations.

Seawalls and other hardened shoreline structures are prohibited in the B bay beach zone, but see also section 126-99 regarding living shoreline stabilization projects. Emergency beach shoreline erosion control development in the B bay beach zone is permitted in compliance with the requirements of chapter 86, article IV, division 2. Development or use of any lot or parcel in this zone must be in compliance with the requirements of section 78-11; chapter 82, article III, division 3, subdivision IV; sections 82-363 and 82-364; chapter 82, article IV, division 2; chapter 86, article II; chapter 86, article IV, division 2; chapter 94; chapter 106; chapter 110; chapter 114 (when any division of land is involved); chapter 118; chapter 122, article III; article V of this chapter; sections 126-244 through 126-249; sections 126-651 and 126-652; article XIV, divisions 1 through 4, 6 and 8, of this chapter; article XIV, division 9, subdivisions I and II of this chapter; section 126-1156; article XIV, divisions 10 through 13, of this chapter; article XV of this chapter; and article XVII of this chapter.

(Ord. No. 85-26, § 1(I.D.2(a)(2)(e)), 11-27-1985; Ord. No. 89-23, § 4, 8-15-1989; Ord. No. 91-39, § 2, 9-3-1991; Ord. No. 25-014, § 3, 9-8-2025)

Sec. 126-331. - Permitted uses.

(a)

Primary intended uses. The E-1 Blind Pass area zone is designated for single-family dwellings and duplex dwellings in accordance with requirements set forth in this division. Primary intended uses in the E-1 Blind Pass area zone are as follows:

(1)

Single-family dwellings.

(2)

Duplex dwelling units.

(3)

Residential cluster developments, subject to the provisions of subsection 86-71(a).

(4)

Occupancy of a dwelling unit by one family,

(5)

Rental of a dwelling unit by one family for periods of no less than four consecutive weeks.

(b)

Other permitted uses. The following uses are also permitted in the E-1 Blind Pass area zone:

(1)

Phone booths.

(2)

Public facilities.

(3)

Passive recreation, which includes all uses that have a minimum impact on the land and have little or no adverse ecological impact and result in conservation of the area, such as, but not limited to, fishing, shelling, hiking, boating and birding.

(Ord. No. 85-26, § 1(I.D.2(a)(3)(a), (b)), 11-27-1985; Ord. No. 01-09, § 2, 6-19-2001)

Sec. 126-332. - Conditional uses.

The following uses in the E-1 Blind Pass area zone shall be permitted as conditional uses subject to the conditions and procedures set forth in chapter 86, article IV, division 2:

(a)

Public utility uses.

(b)

Accessory security guardhouses and security gates without setbacks.

(c)

Living shoreline stabilization projects.

(Ord. No. 85-26, § 1(I.D.2(a)(3)(c)), 11-27-1985; Ord. No. 86-44, § 2, 11-18-1986; Ord. No. 88-02, § 12, 1-19-1988; Ord. No. 25-014, § 3, 9-8-2025)

Sec. 126-333. - Accessory uses.

Accessory uses customarily incident to the uses permitted in the E-1 Blind Pass area zone are permitted, including specifically revetments, home occupations and earth stations, in accordance with the requirements of section 78-11; chapter 82, article III, division 3, subdivision IV; chapter 86, article II; chapter 86, article IV, division 2; chapter 94; chapter 106; chapter 110; chapter 118; chapter 122, article III; article V of this chapter; sections 126-244 through 126-249; sections 126-651 and 126-652; article XIV, divisions 1 through 4, 6 and 8, of this chapter; article XIV, division 9, subdivisions I and II, of this chapter; section 126-1156; article XIV, divisions 10 through 13, of this chapter; article XV of this chapter; and article XVII of this chapter.

(Ord. No. 85-26, § 1(I.D.2(a)(3)(d)), 11-27-1985; Ord. No. 88-02, § 4, 1-19-1988)

Sec. 126-334. - Required conditions.

(a)

Minimum lot area. The minimum lot area in the E-1 Blind Pass area zone shall be 20,000 square feet, except as may be modified by the provisions of section 86-92. Provided, however, that no parcel of land in the E-1 Blind Pass area zone may be developed at a residential density greater than that established pursuant to sections 86-1 and 86-2; chapter 86, article III; and chapter 122, article II, division 3.

(b)

Height. Except for structures described in section 126-932 and subsection 126-637(3), no structure, or portion of a structure, in E-1 Blind Pass area zone shall exceed 45 feet NAVD except for structures in the resort housing district. As a further limitation, except for multifamily structures in the resort housing district, structures in the E-1 Blind Pass area zone shall not be of such height or size that they penetrate the planes established by a primary angle of light, which is an angle of 45 degrees measured above horizontal from front, side, and rear yard setback lines, open bodies of water setback lines, and other applicable setback lines, all measured at 30 feet NAVD or 20 feet above the predevelopment grade of the parcel, whichever is less restrictive, such plane projecting upward toward the center of the parcel. The height of all new buildings is not to exceed three stories above base flood elevation. Limited exceptions to height restrictions are as follows:

(1)

Chimneys. Chimneys may extend not more than three feet above the height of a structure, and may penetrate the primary angle of light, but only to the minimum height necessary for compliance with the building code. In no event shall a chimney exceed a height of 45 feet above mean sea level, regardless of the district in which it is located.

(2)

Gable ends. Gable ends may penetrate the primary angle of light if they have a minimum pitch of six on 12, and if they are contained within a triangle formed by the extension of the ridge line of the roof from which they project, the vertical extension of the setback line, and the primary angle of light.

(3)

Dormers and other architectural features. Dormers and other architectural features may penetrate the primary angle of light if they project from a single roof plane and if they do not:

a.

Exceed a total of 35 percent of the length of the roof plane from which they project;

b.

Penetrate a secondary angle of light, which is an angle of 45 degrees measured above horizontal from the applicable setback lines, but measured at 35 feet NAVD or 25 feet above predevelopment grade of the parcel, whichever is less restrictive, such plane projecting upward toward the center of the parcel; and

c.

Project above the top of the roof from which they project.

Measurement of such features shall be at their widest dimension. Measurement of the roof plane shall be along the eave line. Calculations shall be as seen from the same elevation view.

(c)

Front yard setbacks. There shall be a front yard setback for the principal structure in the E-1 Blind Pass area zone of not less than 75 feet from the centerline of minor arterial or collector roads and 50 feet from the centerline of any other street, except where a special setback is imposed, as set forth in article XIV, division 3, subdivision II of this chapter.

(d)

Side yard setbacks. In the E-1 Blind Pass area zone there shall be two side yard setbacks, neither of which shall be less than ten feet from any property line, subject, however, to the special setbacks contained in chapter 86, article III, division 3, subdivision III.

(e)

Rear yard setbacks. The rear yard setback for the principal structure in the E-1 Blind Pass area zone shall be not less than ten feet from any rear property line.

(f)

Setback from open bodies of water. The principal structure in the E-1 Blind Pass area zone shall not be less than 20 feet from any open body of water.

(g)

Coverage. The maximum land area to be covered with impermeable surfaces in the E-1 Blind Pass area zone shall not exceed 25 percent of the lot area, but see also section 126-977.

(h)

Vegetation removal and developed area. The maximum land area to be cleared of vegetation or used as developed area in the E-1 Blind Pass area zone shall not exceed 30 percent of the lot area, but see also section 126-977.

(Ord. No. 85-26, § 1(I.D.2(a)(3)(e)), 11-27-1985; Ord. No. 90-06, § 2, 5-1-1990; Ord. No. 91-11, § 2, 4-16-1991; Ord. No. 92-18, § 1, 10-6-1992; Ord. No. 23-025, § 2, 11-20-2023)

Sec. 126-335. - Other regulations.

Seawalls are prohibited in the E-1 Blind Pass area zone. Emergency beach shoreline erosion control development is permitted in the E-1 Blind Pass area zone in compliance with the requirements of chapter 86, article III, division 2. Development or use of any lot or parcel in this zone must be in compliance with the requirements of section 78-11; chapter 82, article III, division 3, subdivision IV; sections 82-363 and 82-364; chapter 82, article IV, division 2; sections 86-1 and 86-2; chapter 86, articles II and III; chapter 86, article IV, division 2; chapter 94; chapter 106; chapter 110; chapter 114 (when any division of land is involved); chapter 118; chapter 122, article II, division 3; chapter 122, article III; article V, of this chapter; sections 126-244 through 126-249; sections 126-651 and 126-652; article XIV, divisions 1 through 4, 6 and 8, of this chapter; article XIV, division 9, subdivisions I and II, of this chapter; section 126-1156; article XIV, divisions 10 through 13, of this chapter; article XV of this chapter; and article XVII of this chapter.

(Ord. No. 85-26, § 1(I.D.2(a)(3)(f)), 11-27-1985; Ord. No. 89-23, § 5, 8-15-1989; Ord. No. 91-39, § 2, 9-3-1991)

Sec. 126-351. - Permitted uses.

(a)

Primary intended uses. The E-2 gulf beach ridge zone is designed for general residential uses including single-family, duplexes and multifamily uses in accordance with the requirements set forth in this division. Primary intended uses in the E-2 gulf beach ridge zone are as follows:

(1)

Single-family dwellings.

(2)

Duplex dwelling units.

(3)

Residential cluster developments and multifamily developments, subject to the provisions of section 86-71.

(4)

Occupancy of a dwelling unit by one family.

(5)

Rental of a dwelling unit by one family for periods of no less than four consecutive weeks.

(b)

Other permitted uses. The following uses are also permitted in the E-2 gulf beach ridge zone:

(1)

Phone booths.

(2)

Public facilities.

(3)

Passive recreation, which includes all uses that have a minimum impact on the land and have little or no adverse ecological impact and result in conservation of the area, such as, but not limited to, fishing, shelling, hiking, boating and birding.

(Ord. No. 85-26, § 1(I.D.2(a)(4)(a), (b)), 11-27-1985; Ord. No. 87-02, § 5, 1-6-1987; Ord. No. 01-09, § 2, 6-19-2001)

Sec. 126-352. - Conditional uses.

The following uses in the E-2 gulf beach ridge zone shall be permitted as conditional uses subject to the conditions and procedures set forth in articles II and IV of this chapter:

(1)

Institutional uses.

(2)

Public utility uses.

(3)

Foster family homes.

(4)

Residential child caring facilities.

(5)

Assisted living facilities.

(6)

Recreation facilities.

(7)

Increased-density below market rate housing.

(8)

Accessory security guardhouses and security gates without setbacks.

(Ord. No. 85-26, § 1(I.D.2(a)(4)(c)), 11-27-1985; Ord. No. 86-44, § 2, 11-18-1986; Ord. No. 87-02, § 5, 1-6-1987)

Sec. 126-353. - Accessory uses.

Accessory uses customarily incident to the uses permitted in the E-2 gulf beach ridge zone are permitted, including specifically revetments, home occupations and earth stations, in accordance with the requirements of section 78-11; chapter 82, article III, division 3, subdivision IV; chapter 86, article II; chapter 86, article IV, division 2; chapter 94; chapter 106; chapter 110; chapter 118; chapter 122, article III; sections 126-244 through 126-249; sections 126-651 and 126-652; article XIV, divisions 1 through 4, 6 and 8, of this chapter; article XIV, division 9, subdivisions I and II, of this chapter; section 126-1156; article XIV, divisions 10 through 13, of this chapter; article XV of this chapter; and article XVII of this chapter.

(Ord. No. 85-26, § 1(I.D.2(a)(4)(d)), 11-27-1985; Ord. No. 88-02, § 5, 1-19-1988)

Sec. 126-354. - Required conditions.

(a)

Minimum lot area. The minimum lot area in the E-2 gulf beach ridge zone shall be 20,000 square feet, except as may be modified by the provisions of section 86-92. Provided, however, that no parcel of land in the E-2 gulf beach ridge zone may be developed at a residential density greater than that established pursuant to sections 86-1 and 86-2; chapter 86, article III; and chapter 122, article II, division 3.

(b)

Height. Except for structures described in section 126-932 and subsection 126-637(3), no structure, or portion of a structure, in E-2 Gulf Beach Ridge zone shall exceed 45 feet NAVD except for structures in the resort housing district. As a further limitation, except for multifamily structures in the resort housing district, structures in the E-2 Gulf Beach Ridge zone shall not be of such height or size that they penetrate the planes established by a primary angle of light, which is an angle of 45 degrees measured above horizontal from front, side, and rear yard setback lines, open bodies of water setback lines, and other applicable setback lines, all measured at 30 feet NAVD or 20 feet above the predevelopment grade of the parcel, whichever is less restrictive, such plane projecting upward toward the center of the parcel. The height of all new buildings is not to exceed three stories above base flood elevation. Limited exceptions to height restrictions are as follows:

(1)

Chimneys. Chimneys may extend not more than three feet above the height of a structure, and may penetrate the primary angle of light, but only to the minimum height necessary for compliance with the building code. In no event shall a chimney exceed a height of 45 feet above mean sea level, regardless of the district in which it is located.

(2)

Gable ends. Gable ends may penetrate the primary angle of light if they have a minimum pitch of six on 12, and if they are contained within a triangle formed by the extension of the ridge line of the roof from which they project, the vertical extension of the setback line, and the primary angle of light.

(3)

Dormers and other architectural features. Dormers and other architectural features may penetrate the primary angle of light if they project from a single roof plane and if they do not:

a.

Exceed a total of 35 percent of the length of the roof plane from which they project;

b.

Penetrate a secondary angle of light, which is an angle of 45 degrees measured above horizontal from the applicable setback lines, but measured at 35 feet NAVD or 25 feet above predevelopment grade of the parcel, whichever is less restrictive, such plane projecting upward toward the center of the parcel; and

c.

Project above the top of the roof from which they project.

Measurement of such features shall be at their widest dimension. Measurement of the roof plane shall be along the eave line. Calculations shall be as seen from the same elevation view.

(c)

Front yard setbacks. There shall be a front yard setback for the principal structure in the E-2 gulf beach ridge zone of not less than 75 feet from the centerline of minor arterial or collector roads and 50 feet from the centerline of any other street, except where a special setback is imposed, as set forth in article XIV, division 3, subdivision II, of this chapter.

(d)

Side yard setbacks. There shall be two side yard setbacks in the E-2 gulf beach ridge zone, neither of which shall be less than ten feet from any property line, subject, however, to the special setbacks contained in chapter 86, article III, division 3, subdivision III.

(e)

Rear yard setbacks. The rear yard setback for the principal structure in the E-2 gulf beach ridge zone shall be not less than ten feet from any rear property line.

(f)

Setback from open bodies of water. The principal structure in the E-2 gulf beach ridge zone shall not be less than 20 feet from any open body of water.

(g)

Coverage. The maximum land area to be covered with impermeable surfaces in the E-2 gulf beach ridge zone shall not exceed 25 percent of the lot area, but see also section 126-977.

(h)

Vegetation removal and developed area. The maximum land area to be cleared of vegetation or used as developed area in the E-2 gulf beach ridge zone shall not exceed 30 percent of the lot area, but see also section 126-977.

(Ord. No. 85-26, § 1(I.D.2(a)(4)(e)), 11-27-1985; Ord. No. 90-06, § 3, 5-1-1990; Ord. No. 91-11, § 3, 4-16-1991; Ord. No. 92-18, § 2, 10-6-1992; Ord. No. 23-025, § 2, 11-20-2023)

Sec. 126-355. - Other regulations.

Emergency beach shoreline erosion control development in the E-2 gulf beach ridge zone is permitted in compliance with the requirements of chapter 86, article III, division 2. Development or use of any lot or parcel in the E-2 Gulf Beach ridge zone must be in compliance with the requirements of section 78-11; chapter 82, article III, division 3, subdivision IV; sections 82-363 and 82-364; chapter 82, article IV, division 2; sections 86-1 and 86-2; chapter 86, articles II and III; chapter 86, article IV, division 2; chapter 94; chapter 106; chapter 110; chapter 114 (when any division of land is involved); chapter 118; chapter 122, article II, division 3; chapter 122, article III; article V of this chapter; sections 126-244 through 126-249; sections 126-651 and 126-652; article XIV, divisions 1 through 4, 6 and 8, of this chapter; article XIV, division 9, subdivisions I and II, of this chapter; section 126-1156; article XIV, divisions 10 through 13, of this chapter; article XV of this chapter; and article XVII of this chapter.

(Ord. No. 85-26, § 1(I.D.2(a)(4)(f)), 11-27-1985; Ord. No. 89-23, § 6, 8-15-1989; Ord. No. 91-39, § 2, 9-3-1991)

Sec. 126-371. - Permitted uses.

(a)

Primary intended uses. The D-1 lowland wetlands zone is designated for single-family dwellings in accordance with the requirements set forth in this division. Primary intended uses in the D-1 lowland wetlands zone are as follows:

(1)

Single-family dwellings.

(2)

Single-family cluster development, subject to the provisions of division.

(3)

Occupancy of a dwelling unit by one family.

(4)

Rental of a dwelling unit by one family for periods of no less than four consecutive weeks.

(b)

Other permitted uses. The following uses are also permitted in the D-1 lowland wetlands zone:

(1)

Passive recreation, which includes all uses that have a minimum impact on the land and have little or no ecological impact and result in conservation of the area, such as, but not limited to, fishing, shelling, hiking, boating birding.

(2)

Public facilities.

(Ord. No. 85-26, §§ 1(I.D.2(a)(5)(a), (b)), 11-27-1985; Ord. No. 01-09, § 2, 6-19-2001)

Sec. 126-372. - Conditional uses.

The following uses in the D-1 lowland wetlands zone shall be permitted as conditional uses subject to the conditions and procedures set forth in articles II and IV of this chapter:

(1)

Public utility uses.

(2)

Institutional uses.

(3)

Agriculture.

(4)

Aquaculture.

(5)

Foster family homes.

(6)

Accessory security guardhouses and security gates without setbacks.

(7)

Living shoreline stabilization projects.

(Ord. No. 85-26, § 1(I.D.2(a)(5)(c)), 11-27-1985; Ord. No. 86-44, § 3, 11-18-1986; Ord. No. 88-02, § 13, 1-19-1988; Ord. No. 25-014, § 3, 9-8-2025)

Sec. 126-373. - Accessory uses.

Accessory uses customarily incident to the uses permitted in the D-1 lowland wetlands zone are permitted, including specifically revetments, home occupations and earth stations, in accordance with the requirements of section 78-11; chapter 82, article III, division 3, subdivision IV; chapter 86, article II; chapter 86, article IV, division 2; chapter 94; chapter 106; chapter 110; chapter 118; chapter 122, article III; sections 126-244 through 126-249; sections 126-651 and 126-652; article XIV, divisions 1 through 4, 6 and 8, of this chapter; article XIV, division 9, subdivisions I and II, of this chapter; section 126-1156; article XIV, divisions 10 through 13, of this chapter; article XV of this chapter; and article XVII of this chapter.

(Ord. No. 85-26, § 1(I.D.2(a)(5)(d)), 11-27-1985; Ord. No. 88-02, § 6, 1-19-1988)

Sec. 126-374. - Required conditions.

(a)

Minimum lot area. The minimum lot area in the D-1 lowland wetlands zone shall be 20,000 square feet except as may be modified by the provisions of section 86-922. Provided, however, that no parcel of land in the D-1 lowland wetlands zone may be developed at a residential density greater than that established pursuant to sections 86-1 and 86-2; chapter 86, article III; and chapter 122, article II, division 3.

(b)

Height. Except for structures described in section 126-932 and subsection 126-637(3), no structure, or portion of a structure, in D-1 Lowland Wetlands zone shall exceed 45 feet NAVD except for structures in the resort housing district. As a further limitation, except for multifamily structures in the resort housing district, structures in the D-1 Lowland Wetlands zone shall not be of such height or size that they penetrate the planes established by a primary angle of light, which is an angle of 45 degrees measured above horizontal from front, side, and rear yard setback lines, open bodies of water setback lines, and other applicable setback lines, all measured at 30 feet NAVD or 20 feet above the predevelopment grade of the parcel, whichever is less restrictive, such plane projecting upward toward the center of the parcel. The height of all new buildings is not to exceed three stories above base flood elevation. Limited exceptions to height restrictions are as follows:

(1)

Chimneys. Chimneys may extend not more than three feet above the height of a structure, and may penetrate the primary angle of light, but only to the minimum height necessary for compliance with the building code. In no event shall a chimney exceed a height of 45 feet above mean sea level, regardless of the district in which it is located.

(2)

Gable ends. Gable ends may penetrate the primary angle of light if they have a minimum pitch of six on 12, and if they are contained within a triangle formed by the extension of the ridge line of the roof from which they project, the vertical extension of the setback line, and the primary angle of light.

(3)

Dormers and other architectural features. Dormers and other architectural features may penetrate the primary angle of light if they project from a single roof plane and if they do not:

a.

Exceed a total of 35 percent of the length of the roof plane from which they project;

b.

Penetrate a secondary angle of light, which is an angle of 45 degrees measured above horizontal from the applicable setback lines, but measured at 35 feet NAVD or 25 feet above predevelopment grade of the parcel, whichever is less restrictive, such plane projecting upward toward the center of the parcel; and

c.

Project above the top of the roof from which they project.

Measurement of such features shall be at their widest dimension. Measurement of the roof plane shall be along the eave line. Calculations shall be as seen from the same elevation view.

(c)

Front yard setbacks. There shall be a front yard setback for the principal structure in the D-1 lowland wetlands zone of not less than 75 feet from the centerline of minor arterial or collector roads and 50 feet from the centerline of any other street, except where a special setback is imposed, as set forth in article XIV, division 3, subdivision II of this chapter.

(d)

Side yard setbacks. There shall be two side yard setbacks in the D-1 lowland wetlands zone, neither of which shall be less than ten feet from any property line, subject, however, to the special setbacks contained in chapter 86, article III, division 3, subdivision III.

(e)

Rear yard setbacks. The rear yard setback for the principal structure in the D-1 lowland wetlands zone shall be not less than ten feet from any rear property line.

(f)

Setback from open bodies of water. The principal structure in the D-1 lowland wetlands zone shall not be less than 20 feet from any open body of water.

(g)

Coverage. The maximum land area to be covered with impermeable surfaces in the D-1 lowland wetlands zone shall not exceed 15 percent of the lot area, but see also section 126-977.

(h)

Vegetation removal and developed area. The maximum land area to be cleared of vegetation or used as developed area in the D-1 lowland wetlands zone shall not exceed 20 percent of the lot area, but see also section 126-977.

(Ord. No. 85-26, § 1(I.D.2(a)(5)(e)), 11-27-1985; Ord. No. 90-06, § 4, 5-1-1990; Ord. No. 91-11, §§ 4, 5, 4-16-1991; Ord. No. 92-18, § 3, 10-6-1992; Ord. No. 23-025, § 2, 11-20-2023)

Sec. 126-375. - Other regulations.

Emergency beach shoreline erosion control development in the D-1 lowland wetlands zone is permitted in compliance with the requirements of chapter 86, article III, division 2. Development or use of any lot or parcel in this zone must be in compliance with the requirements of section 78-11; chapter 82, article III, division 3, subdivision IV; sections 82-363 and 82-364; chapter 82, article IV, division 2; sections 86-1 and 86-2; chapter 86, articles II and III; chapter 86, article IV, division 2; chapter 94; chapter 106; chapter 110; chapter 114 (when any division of land is involved); chapter 118; chapter 122, article II, division 3; chapter 122, article III; article V of this chapter; sections 126-244 through 126-249; sections 126-651 and 126-652; article XIV, divisions 1 through 4, 6 and 8, of this chapter; article XIV, division 9, subdivisions I and II, of this chapter; section 126-1156; article XIV, divisions 10 through 13 of this chapter; article XV of this chapter; and article XVII of this chapter.

(Ord. No. 85-26, § 1(I.D.2(a)(5)(f)), 11-27-1985; Ord. No. 89-23, § 50, 8-15-1989; Ord. No. 91-39, § 2, 9-3-1991)

Sec. 126-391. - Permitted uses.

(a)

Primary intended uses. The D-2 upland wetlands zone is designed for single-family dwellings and duplex dwellings in accordance with the requirements set forth in this division. Primary intended uses in the D-2 upland wetlands zone are as follows:

(1)

Single-family dwellings.

(2)

Duplex dwelling units, but see also chapter 86, article III, division 3.

(3)

Residential cluster developments, subject to the provisions of subsection 86-71(a), but see also chapter 86, article III, division 3.

(4)

Multifamily developments, only as allowed by the following:

a.

Within 400 feet of Periwinkle Way between Tarpon Bay Road and Causeway Road on lots or parcels abutting Periwinkle Way, subject to the provisions of subsection 86-71(a), but see also chapter 86, article III, division 3.

b.

Multifamily developments for below market rate housing units are permitted on any parcel when the units are located within 600 feet of Periwinkle Way between Tarpon Bay Road and Causeway Road and the parcel abuts an arterial or collector road.

c.

The following developments, permitted following incorporation of the City of Sanibel:

1.

Gulf Beach Condominium, 527 East Gulf Drive.

2.

Sandpiper Beach Condominium, 1919 Olde Middle Gulf Drive.

(5)

Occupancy of a dwelling unit by one family.

(6)

Rental of a dwelling unit by one family for periods of no less than four consecutive weeks.

(b)

Other permitted uses. The following uses are also permitted in the D-2 upland wetlands zone:

(1)

Passive recreation, which includes all uses that have a minimum impact on the land and have little or no ecological impact and result in conservation of the area, such as, but not limited to, fishing, shelling, hiking, boating and birding.

(2)

Public facilities.

(Ord. No. 85-26, §§ 1(I.D.2(a)(6)(a), (b)), 11-27-1985; Ord. No. 86-46, § 1, 11-18-1986; Ord. No. 01-09, § 2, 6-19-2001; Ord. No. 02-11, § 1, 6-4-2002; Ord. No. 25-016, § 2, 9-8-2025)

Sec. 126-392. - Conditional uses.

The following uses in the D-2 upland wetlands zone shall be permitted as conditional uses subject to the conditions and procedures set forth in articles II and IV of this chapter:

(1)

Public utility uses.

(2)

Institutional uses.

(3)

Agriculture.

(4)

Increased-density below market rate housing.

(5)

Foster family homes.

(6)

Residential child caring facilities.

(7)

Assisted living facilities.

(8)

Aquaculture.

(9)

Recreation facilities.

(10)

Accessory security guardhouses and security gates without setbacks.

(11)

Living shoreline stabilization projects.

(Ord. No. 85-26, § 1(I.D.2(a)(6)(c)), 11-27-1985; Ord. No. 86-44, § 4, 11-18-1986; Ord. No. 88-02, § 14, 1-19-1988; Ord. No. 25-014, § 3, 9-8-2025)

Sec. 126-393. - Accessory uses.

Accessory uses customarily incident to the uses permitted in the D-2 upland wetlands zone are permitted, including specifically revetments, home occupations and earth stations, in accordance with the requirements of section 78-11; chapter 82, article III, division 3, subdivision IV; chapter 86, article II; chapter 86, article IV, division 2; chapter 94; chapter 106; chapter 110; chapter 118; chapter 122, article III; sections 126-244 through 126-249; sections 126-651 and 126-652; article XIV, divisions 1 through 4, 6 and 8, of this chapter; article XIV, division 9, subdivisions I and II, of this chapter; section 126-1156; article XIV, divisions 10 through 13 of this chapter; article XV of this chapter; and article XVII of this chapter.

(Ord. No. 85-26, § 1(I.D.2(a)(6)(d)), 11-27-1985; Ord. No. 88-02, § 7, 1-19-1988)

Sec. 126-394. - Required conditions.

(a)

Minimum lot area. The minimum lot area in the D-2 upland wetlands zone shall be 15,000 square feet except as may be modified by the provisions of section 86-92. Provided, however, that no parcel of land in the D-2 upland wetlands zone may be developed at a residential density greater than that established pursuant to sections 86-1 and 86-2; chapter 86, article III; and chapter 122, article II, division 3.

(b)

Height. Except for structures described in section 126-932 and subsection 126-637(3), no structure, or portion of a structure, in D-2 Upland Wetlands zone shall exceed 45 feet NAVD except for structures in the resort housing district. As a further limitation, except for multifamily structures in the resort housing district, structures in the D-2 Upland Wetlands zone shall not be of such height or size that they penetrate the planes established by a primary angle of light, which is an angle of 45 degrees measured above horizontal from front, side, and rear yard setback lines, open bodies of water setback lines, and other applicable setback lines, all measured at 30 feet NAVD or 20 feet above the predevelopment grade of the parcel, whichever is less restrictive, such plane projecting upward toward the center of the parcel. The height of all new buildings is not to exceed three stories above base flood elevation. Limited exceptions to height restrictions are as follows:

(1)

Chimneys. Chimneys may extend not more than three feet above the height of a structure, and may penetrate the primary angle of light, but only to the minimum height necessary for compliance with the building code. In no event shall a chimney exceed a height of 45 feet above mean sea level, regardless of the district in which it is located.

(2)

Gable ends. Gable ends may penetrate the primary angle of light if they have a minimum pitch of six on 12, and if they are contained within a triangle formed by the extension of the ridge line of the roof from which they project, the vertical extension of the setback line, and the primary angle of light.

(3)

Dormers and other architectural features. Dormers and other architectural features may penetrate the primary angle of light if they project from a single roof plane and if they do not:

a.

Exceed a total of 35 percent of the length of the roof plane from which they project;

b.

Penetrate a secondary angle of light, which is an angle of 45 degrees measured above horizontal from the applicable setback lines, but measured at 35 feet NAVD or 25 feet above predevelopment grade of the parcel, whichever is less restrictive, such plane projecting upward toward the center of the parcel; and

c.

Project above the top of the roof from which they project.

Measurement of such features shall be at their widest dimension. Measurement of the roof plane shall be along the eave line. Calculations shall be as seen from the same elevation view.

(c)

Front yard setbacks. There shall be a front yard setback for the principal structure in the D-2 upland wetlands zone of not less than 75 feet from the centerline of minor arterial or collector roads and 50 feet from the centerline of any other street, except where a special setback is imposed, as set forth in article XIV, division 3, subdivision II, of this chapter.

(d)

Side yard setbacks. There shall be two side yard setbacks in the D-2 upland wetlands zone, neither of which shall be less than ten feet from any property line, subject, however, to the special setbacks contained in chapter 86, article III, division 3, subdivision III.

(e)

Rear yard setbacks. The rear yard setback for the principal structure in the D-2 upland wetlands zone shall be not less than ten feet from any rear property line.

(f)

Setback from open bodies of water. The principal structure in the D-2 upland wetlands zone shall not be less than 20 feet from any open body of water.

(g)

Coverage. The maximum land area to be covered with impermeable surfaces in the D-2 upland wetlands zone shall not exceed 25 percent of the lot area, but see also section 126-977.

(h)

Vegetation removal and developed area. The maximum land area to be cleared of vegetation or used as developed area in the D-2 upland wetlands zone shall not exceed 30 percent of the lot area, but see also section 126-977.

(Ord. No. 85-26, § 1(I.D.2(a)(6)(e)), 11-27-1985; Ord. No. 90-06, § 5, 5-1-1990; Ord. No. 91-11, § 6, 4-16-1991; Ord. No. 92-18, § 4, 10-6-1992; Ord. No. 23-025, § 2, 11-20-2023)

Sec. 126-395. - Other regulations.

Emergency beach shoreline erosion control development in the D-2 upland wetlands zone is permitted in compliance with the requirements of chapter 86, article III, division 2. Development or use of any lot or parcel in this zone must be in compliance with the requirements of section 78-11; chapter 82, article III, division 3, subdivision IV; sections 82-363 and 82-364; chapter 82, article IV, division 2; sections 86-1 and 86-2; chapter 86, articles II and III; chapter 86, article IV, division 2; chapter 94; chapter 106; chapter 110; chapter 114 (when any division of land is involved); chapter 118; chapter 122, article II, division 3; chapter 122, article III; article V of this chapter; sections 126-244 through 126-249; sections 126-651 and 126-652; article XIV, divisions 1 through 4, 6 and 8, of this chapter; article XIV, division 9, subdivisions I and II, of this chapter; section 126-1156; article XIV, divisions 10 through 13, of this chapter; article XV of this chapter; and article XVII of this chapter.

(Ord. No. 85-26, § 1(I.D.2(a)(6)(f)), 11-27-1985; Ord. No. 89-23, § 50, 8-15-1989; Ord. No. 91-39, § 2, 9-3-1991)

Sec. 126-411. - Permitted uses.

(a)

Primary intended uses. The F mid-island ridge zone is designated for single-family dwellings, duplex dwellings and multifamily dwellings in accordance with the requirements set forth in this division. Primary intended uses in the F mid-island ridge zone are as follows:

(1)

Single-family dwellings.

(2)

Duplex dwelling units, but see also chapter 86, article III, division 3.

(3)

Residential cluster developments and multifamily developments, subject to the provisions of section 86-71, but see also chapter 86, article III, division 3.

(4)

Occupancy of a dwelling unit by one family.

(5)

Rental of a dwelling unit by one family for periods of no less than four consecutive weeks.

(b)

Other permitted uses. The following uses are also permitted in the F mid-island ridge zone:

(1)

Passive recreation, which includes all uses that have a minimum impact on the land and have little or no ecological impact and result in the conservation of the area, such as, but not limited to, fishing, shelling, hiking, boating and birding.

(2)

Public facilities.

(Ord. No. 85-26, §§ 1(I.D.2(a)(7)(a), (b)), 11-27-1985; Ord. No. 01-09, § 2, 6-19-2001)

Sec. 126-412. - Conditional uses.

The following uses in the F mid-island ridge zone shall be permitted as conditional uses subject to the conditions and procedures set forth in articles II and IV of this chapter:

(1)

Public utility uses.

(2)

Institutional uses.

(3)

Recreation facilities.

(4)

Agriculture.

(5)

Increased-density below market rate housing.

(6)

Foster family homes.

(7)

Residential child caring facilities.

(8)

Assisted living facilities.

(9)

Accessory security guardhouses and security gates without setbacks.

(10)

Seawalls as accessory structures.

(11)

Living shoreline stabilization projects.

(Ord. No. 85-26, § 1(I.D.2(a)(7)(c)), 11-27-1985; Ord. No. 86-44, § 5, 11-18-1986; Ord. No. 88-02, §§ 8, 15, 1-19-1988; Ord. No. 25-014, § 3, 9-8-2025)

Sec. 126-413. - Accessory uses.

Accessory uses customarily incident to the permitted uses in the F mid-island ridge zone are permitted, including specifically revetments, home occupations and earth stations, in accordance with the requirements of section 78-11; chapter 82, article III, division 3, subdivision IV; chapter 86, article II; chapter 86, article IV, division 2; chapter 94; chapter 106; chapter 110; chapter 118; chapter 122, article III; sections 126-244 through 126-249; sections 126-651 and 126-652; article XIV, divisions 1 through 4, 6 and 8, of this chapter; article XIV, division 9, subdivisions I and II, of this chapter; section 126-1156; article XIV, divisions 10 through 13, of this chapter; article XV of this chapter; and article XVII of this chapter.

(Ord. No. 85-26, § 1(I.D.2(a)(7)(d)), 11-27-1985; Ord. No. 88-02, § 2, 1-19-1988)

Sec. 126-414. - Required conditions.

(a)

Minimum lot area. The minimum lot area in the F mid-island ridge zone shall be 10,000 square feet except as may be modified by the provisions of section 86-92. Provided, however, that no parcel of land in the F mid-island ridge zone may be developed at a residential density greater than that established pursuant to sections 86-1 and 86-2; chapter 86, article III; and chapter 122, article II, division 3.

(b)

Height. Except for structures described in section 126-932 and subsection 126-637(3), no structure, or portion of a structure, in F Mid-Island Ridge zone shall exceed 45 feet NAVD except for structures in the resort housing district. As a further limitation, except for multifamily structures in the resort housing district, structures in the F Mid-Island Ridge zone shall not be of such height or size that they penetrate the planes established by a primary angle of light, which is an angle of 45 degrees measured above horizontal from front, side, and rear yard setback lines, open bodies of water setback lines, and other applicable setback lines, all measured at 30 feet NAVD or 20 feet above the predevelopment grade of the parcel, whichever is less restrictive, such plane projecting upward toward the center of the parcel. The height of all new buildings is not to exceed three stories above base flood elevation. Limited exceptions to height restrictions are as follows:

(1)

Chimneys. Chimneys may extend not more than three feet above the height of a structure, and may penetrate the primary angle of light, but only to the minimum height necessary for compliance with the building code. In no event shall a chimney exceed a height of 45 feet above mean sea level, regardless of the district in which it is located.

(2)

Gable ends. Gable ends may penetrate the primary angle of light if they have a minimum pitch of six on 12, and if they are contained within a triangle formed by the extension of the ridge line of the roof from which they project, the vertical extension of the setback line, and the primary angle of light.

(3)

Dormers and other architectural features. Dormers and other architectural features may penetrate the primary angle of light if they project from a single roof plane and if they do not:

a.

Exceed a total of 35 percent of the length of the roof plane from which they project;

b.

Penetrate a secondary angle of light, which is an angle of 45 degrees measured above horizontal from the applicable setback lines, but measured at 35 feet NAVD or 25 feet above predevelopment grade of the parcel, whichever is less restrictive, such plane projecting upward toward the center of the parcel; and

c.

Project above the top of the roof from which they project.

Measurement of such features shall be at their widest dimension. Measurement of the roof plane shall be along the eave line. Calculations shall be as seen from the same elevation view.

(c)

Front yard setbacks. There shall be a front yard setback for the principal structure in the F mid-island ridge zone of not less than 75 feet from the centerline of minor arterial or collector roads and 50 feet from the centerline of any other street, except where a special setback is imposed, as set forth in article XIV, division 3, subdivision II of this chapter.

(d)

Side yard setbacks. There shall be two side yard setbacks in the F mid-island ridge zone, neither of which shall be less than ten feet from any property line, subject, however, to the special setbacks contained in chapter 86, article III, division 3, subdivision III.

(e)

Rear yard setbacks. The rear yard setback for the principal structure in the F mid-island ridge zone shall be not less than ten feet from any rear properly line.

(f)

Setback from open bodies of water. The principal structure in the F mid-island ridge zone shall not be less than 20 feet from any open body of water.

(g)

Coverage. The maximum land area to be covered with impermeable surfaces in the F mid-island ridge zone shall not exceed 30 percent of the lot area, but see also section 126-977.

(h)

Vegetation removal and developed area. The maximum land area to be cleared of vegetation or used as developed area in the F mid-island ridge zone shall not exceed 35 percent of the lot area, but see also section 126-977.

(Ord. No. 85-26, § 1(I.D.2(a)(7)(e)), 11-27-1985; Ord. No. 90-06, § 6, 5-1-1990; Ord. No. 91-11, § 7, 4-16-1991; Ord. No. 92-18, § 5, 10-6-1992; Ord. No. 23-025, § 2, 11-20-2023)

Sec. 126-415. - Other regulations.

Emergency beach shoreline erosion control development is permitted in the F mid-island ridge zone in compliance with the requirements of chapter 86, article III, division 2. Development or use of any lot or parcel in this zone must be in compliance with the requirements of section 78-11; chapter 82, article III, division 3, subdivision IV; sections 82-363 and 82-364; chapter 82, article IV, division 2; sections 86-1 and 86-2; chapter 86, articles II and III; chapter 86, article IV, division 2; chapter 94; chapter 106; chapter 110; chapter 114 (when any division of land is involved); chapter 118; chapter 122, article II, division 3; chapter 122, article III; article V of this chapter; sections 126-244 through 126-249; sections 126-651 and 126-652; article XIV, divisions 1 through 4, 6 and 8, of this chapter; article XIV, division 9, subdivisions I and II, of this chapter; section 126-1156; article XIV, divisions 10 through 13, of this chapter; article XV of this chapter; and article XVII of this chapter.

(Ord. No. 85-26, § 1(I.D.2(a)(7)(f)), 11-27-1985; Ord. No. 89-23, § 50, 8-15-1989; Ord. No. 91-39, § 2, 9-3-1991)

Sec. 126-431. - Permitted uses.

(a)

Primary intended uses. The C mangrove forest zone is designated for single-family dwellings in accordance with the requirements set forth in this division. Primary intended uses in the C mangrove forest zone are as follows:

(1)

Single-family dwellings.

(2)

Occupancy of a dwelling unit by one family.

(3)

Beekeeping in accordance with the applicable conditions under conditional uses for agriculture as set forth in articles II and IV of this chapter.

(4)

Rental of a dwelling unit by one family for periods of no less than four consecutive weeks.

(b)

Other permitted uses. The following uses are also permitted in the C mangrove forest zone:

(1)

Passive recreation, which includes all uses that have a minimum impact on the land and have little or no ecological impact and result in conservation of the area, such as, but not limited to, fishing, shelling, hiking, boating and birding.

(2)

Public facilities.

(Ord. No. 85-26, § 1(I.D.2(a)(8)(a), (b)), 11-27-1985; Ord. No. 01-09, § 2, 6-19-2001)

Sec. 126-432. - Conditional uses.

Public utility uses shall be permitted as conditional uses in the C mangrove forest zone subject to the conditions and procedures set forth in articles II and IV of this chapter.

(Ord. No. 85-26, § 1(I.D.2(a)(8)(c)), 11-27-1985)

Sec. 126-433. - Accessory uses.

Accessory uses customarily incident to the uses permitted in the C mangrove forest zone are permitted, including specifically, home occupations and earth stations, in accordance with the requirements of section 78-11; chapter 82, article III, division 3, subdivision IV; chapter 86, article II; chapter 86, article IV, division 2; chapter 94; chapter 106; chapter 110; chapter 118; chapter 122, article III; sections 126-244 through 126-249; sections 126-651 and 126-652; article XIV, divisions 1 through 4, 6 and 8, of this chapter; article XIV, division 9, subdivisions I and II, of this chapter; section 126-1156; article XIV, divisions 10 through 13, of this chapter; article XV of this chapter; and article XVII of this chapter.

(Ord. No. 85-26, § 1(I.D.2(a)(8)(d)), 11-27-1985)

Sec. 126-434. - Required conditions.

(a)

Minimum lot area. The minimum lot area in the C mangrove forest zone shall be 20 acres except as may be modified by the provisions of section 86-92. Provided, however, that no parcel of land in the C mangrove forest zone may be developed at a residential density greater than that established pursuant to sections 86-1 and 86-2; chapter 86, article III; and chapter 122, article II, division 3.

(b)

Height. Except for structures described in section 126-932 and subsection 126-637(3), no structure, or portion of a structure, in C Mangrove Forest zone shall exceed 45 feet NAVD except for structures in the resort housing district. As a further limitation, except for multifamily structures in the resort housing district, structures in the C Mangrove Forest zone shall not be of such height or size that they penetrate the planes established by a primary angle of light, which is an angle of 45 degrees measured above horizontal from front, side, and rear yard setback lines, open bodies of water setback lines, and other applicable setback lines, all measured at 30 feet NAVD or 20 feet above the predevelopment grade of the parcel, whichever is less restrictive, such plane projecting upward toward the center of the parcel. The height of all new buildings is not to exceed three stories above base flood elevation. Limited exceptions to height restrictions are as follows:

(1)

Chimneys. Chimneys may extend not more than three feet above the height of a structure, and may penetrate the primary angle of light, but only to the minimum height necessary for compliance with the building code. In no event shall a chimney exceed a height of 45 feet above mean sea level, regardless of the district in which it is located.

(2)

Gable ends. Gable ends may penetrate the primary angle of light if they have a minimum pitch of six on 12, and if they are contained within a triangle formed by the extension of the ridge line of the roof from which they project, the vertical extension of the setback line, and the primary angle of light.

(3)

Dormers and other architectural features. Dormers and other architectural features may penetrate the primary angle of light if they project from a single roof plane and if they do not:

a.

Exceed a total of 35 percent of the length of the roof plane from which they project;

b.

Penetrate a secondary angle of light, which is an angle of 45 degrees measured above horizontal from the applicable setback lines, but measured at 35 feet NAVD or 25 feet above predevelopment grade of the parcel, whichever is less restrictive, such plane projecting upward toward the center of the parcel; and

c.

Project above the top of the roof from which they project.

Measurement of such features shall be at their widest dimension. Measurement of the roof plane shall be along the eave line. Calculations shall be as seen from the same elevation view.

(c)

Front yard setbacks. There shall be a front yard setback for the principal structure in the C mangrove forest zone of not less than 75 feet from the centerline of minor arterial or collector roads and 50 feet from the centerline of any other street, except where a special setback is imposed, as set forth in article XIV, division 3, subdivision II of this chapter.

(d)

Side yard setbacks. There shall be two side yard setbacks in the C mangrove forest zone, neither of which shall be less than ten feet from any property line, subject, however, to the special setbacks contained in chapter 86, article III, division 3, subdivision III.

(e)

Rear yard setbacks. The rear yard setback for the principal structure in the C mangrove forest zone shall be not less than ten feet from any rear property line.

(f)

Setback from open bodies of water. The principal structure in the C mangrove forest zone shall not be less than 20 feet from any open body of water.

(g)

Coverage. The maximum land area to be covered with impermeable surfaces in the C mangrove forest zone shall not exceed one percent of the lot area, but see also section 126-977.

(h)

Vegetation removal and developed area. The maximum land area to be cleared of vegetation or used as developed area in the C mangrove forest zone shall not exceed two percent of the lot area, but see also section 126-977.

(Ord. No. 85-26, § 1(I.D.2(a)(8)(e)), 11-27-1985; Ord. No. 90-06, § 7, 5-1-1990; Ord. No. 91-11, § 8, 4-16-1991; Ord. No. 92-18, § 6, 10-6-1992; Ord. No. 23-025, § 2, 11-20-2023)

Sec. 126-435. - Other regulations.

Emergency beach shoreline erosion control development is permitted in the C mangrove forest zone in compliance with the requirements of chapter 86, article III, division 2. Development or use of any lot or parcel in this zone must be in compliance with the requirements of section 78-11; chapter 82, article III, division 3, subdivision IV; sections 82-363 and 82-364; chapter 82, article IV, division 2; sections 86-1 and 86-2; chapter 86, articles II and III; chapter 86, article IV, division 2; chapter 94; chapter 106; chapter 110; chapter 114 (when any division of land is involved); chapter 118; chapter 122, article II, division 3; chapter 122, article III; article V of this chapter; sections 126-244 through 126-249; sections 126-651 and 126-652; article XIV, divisions 1 through 4, 6 and 8, of this chapter; article XIV, division 9, subdivisions I and II, of this chapter; section 126-1156; article XIV, divisions 10 through 13, of this chapter; article XV of this chapter; and article XVII of this chapter.

(Ord. No. 85-26, § 1(I.D.2(a)(8)(f)), 11-27-1985; Ord. No. 89-23, § 50, 8-15-1989; Ord. No. 91-39, § 2, 9-3-1991)

Sec. 126-451. - Permitted uses.

(a)

Primary intended uses. The G altered land zone is designated for single-family dwellings, duplex dwellings and multifamily developments in accordance with the requirements set forth in this division. Primary intended uses in the G altered land zone are as follows:

(1)

Single-family dwellings.

(2)

Duplex dwellings units, but see also chapter 86, article III, division 3.

(3)

Residential cluster developments and multifamily developments, subject the provisions of section 86-71, but see also chapter 86, article III, division 3.

(4)

Occupancy of a dwelling unit by one family.

(5)

Rental of a dwelling unit by one family for periods of no less than four consecutive weeks.

(b)

Other permitted uses. The following uses are also permitted in the G altered land zone:

(1)

Public facilities.

(2)

Docks, boat davits and boat lifts in lots A—Q, Sanibel Harbours Subdivision.

(Ord. No. 85-26, §§ 1(I.D.2(a)(9)(a), (b)), 11-27-1985; Ord. No. 87-02, § 6, 1-6-1987; Ord. No. 95-15, § 1, 12-5-1995; Ord. No. 01-09, § 2, 6-19-2001)

Sec. 126-452. - Conditional uses.

The following uses in the G altered land zone shall be permitted as conditional uses subject to the conditions and procedures set forth in articles II and IV of this chapter:

(1)

Public utility uses.

(2)

Institutional uses.

(3)

Recreation facilities.

(4)

Agriculture.

(5)

Increased-density below market rate housing.

(6)

Foster family homes.

(7)

Residential child caring facilities.

(8)

Assisted living facilities.

(9)

Accessory security guardhouses and security gates without setbacks.

(10)

Seawalls as accessory structures.

(11)

Living shoreline stabilization projects.

(Ord. No. 85-26, § 1(I.D.2(a)(9)(c)), 11-27-1985; Ord. No. 86-44, § 6, 11-18-1986; Ord. No. 88-02, §§ 9, 16, 1-19-1988; Ord. No. 25-014, § 3, 9-8-2025)

Sec. 126-453. - Accessory uses.

Accessory uses customarily incident to the uses permitted in the G altered land zone are permitted, including specifically revetments, home occupations and earth stations, in accordance with the requirements of section 78-11; chapter 82, article III, division 3, subdivision IV; chapter 86, article II; chapter 86, article IV, division 2; chapter 94; chapter 106; chapter 110; chapter 118; chapter 122, article III; sections 126-244 through 126-249; sections 126-651 and 126-652; article XIV, divisions 1 through 4, 6 and 8, of this chapter; article XIV, division 9, subdivisions I and II, of this chapter; section 126-1156; article XIV, divisions 10 through 13, of this chapter; article XV of this chapter; and article XVII of this chapter.

(Ord. No. 85-26, § 1(I.D.2(a)(9)(d)), 11-27-1985; Ord. No. 88-02, § 3, 1-19-1988)

Sec. 126-454. - Required conditions.

(a)

Minimum lot area. The minimum lot area in the G altered land zone shall be 10,000 square feet except as may be modified by the provisions of section 86-92. Provided, however, that no parcel of land in the G altered land zone may be developed at a residential density greater than that established pursuant to sections 86-1 and 86-2; chapter 86, article III; and chapter 122, article II, division 3.

(b)

Height. Except for structures described in section 126-932 and subsection 126-637(3), no structure, or portion of a structure in the G Altered Land zone shall exceed 45 feet NAVD except for structures in the resort housing district. As a further limitation, except for multifamily structures in the resort housing district, structures in, the G Altered Land zone shall not be of such height or size that they penetrate the planes established by a primary angle of light, which is an angle of 45 degrees measured above horizontal from front, side, and rear yard setback lines, open bodies of water setback lines and other applicable setback lines, all measured at 30 feet NAVD or 20 feet above the predevelopment grade of the parcel, whichever is less restrictive, such plane projecting upward toward the center of the parcel. The height of all new buildings is not to exceed three stories above base flood elevation. Limited exceptions to height restrictions are as follows:

(1)

Chimneys. Chimneys may extend not more than three feet above the height of a structure, and may penetrate the primary angle of light, but only to the minimum height necessary for compliance with the building code. In no event shall a chimney exceed a height of 45 feet above mean sea level, regardless of the district in which it is located.

(2)

Gable ends. Gable ends may penetrate the primary angle of light if they have a minimum pitch of six on 12, and if they are contained within a triangle formed by the extension of the ridge line of the roof from which they project, the vertical extension of the setback line, and the primary angle of light.

(3)

Dormers and other architectural features. Dormers and other architectural features may penetrate the primary angle of light if they project from a single roof plane and if they do not:

a.

Exceed a total of 35 percent of the length of the roof plane from which they project;

b.

Penetrate a secondary angle of light, which is an angle of 45 degrees measured above horizontal from the applicable setback lines, but measured at 35 feet NAVD or 25 feet above predevelopment grade of the parcel, whichever is less restrictive, such plane projecting upward toward the center of the parcel; and

c.

Project above the top of the roof from which they project.

Measurement of such features shall be at their widest dimension. Measurement of the roof plane shall be along the eave line. Calculations shall be as seen from the same elevation view.

(c)

Front yard setbacks. There shall be a front yard setback for the principal structure in the in the G altered land zone of not less than 75 feet from the centerline of minor arterial or collector roads and 50 feet from the centerline of any other street, except where a special setback is imposed, as set forth in article XIV, division 3, subdivision II of this chapter.

(d)

Side yard setbacks. There shall be two side yard setbacks in the in the G altered land zone, neither of which shall be less than ten feet from any property line, subject, however, to the special setbacks contained in chapter 86, article III, division 3, subdivision III.

(e)

Rear yard setbacks. The rear yard setback for the principal structure in the G altered land zone shall be not less than ten feet from any rear property line.

(f)

Setback from open bodies of water. The principal structure in the G altered land zone shall not be less than 20 feet from any open body of water.

(g)

Coverage. The land area to be covered with impermeable surfaces in the G altered land zone shall not exceed a maximum determined by 35 percent of the lot area up to 10,000 square feet, plus 30 percent of any lot area over 10,000 square feet, but see also section 126-977.

(h)

Vegetation removal and developed area. The land area to be cleared of vegetation or used as developed area in the G altered land zone shall not exceed a maximum determined by 40 percent of the lot area up to 10,000 square feet, plus 35 percent of any lot area over 10,000 square feet, but see also section 126-977.

(Ord. No. 85-26, § 1(I.D.2(a)(9)(e)), 11-27-1985; Ord. No. 90-06, § 8, 5-1-1990; Ord. No. 91-11, § 9, 4-16-1991; Ord. No. 92-18, § 7, 10-6-1992; Ord. No. 23-025, § 2, 11-20-2023)

Sec. 126-455. - Other regulations.

Emergency beach shoreline erosion control development in the G altered land zone is permitted in compliance with the requirements of chapter 86, article IV, division 2. Development or use of any lot or parcel in the G altered land zone must be in compliance with the requirements of section 78-11; chapter 82, article III, division 3, subdivision IV; sections 82-363 and 82-364; chapter 82, article IV, division 2; sections 86-1 and 86-2; chapter 86, articles II and III; chapter 86, article IV, division 2; chapter 94; chapter 106; chapter 110; chapter 114 (when any division of land is involved); chapter 118; chapter 122, article II, division 3; chapter 122, article III; article V of this chapter; sections 126-244 through 126-249; sections 126-651 and 126-652; article XIV, divisions 1 through 4, 6 and 8, of this chapter; article XIV, division 9, subdivisions I and II, of this chapter; section 126-1156; article XIV, divisions 10 through 13, of this chapter; article XV of this chapter; and article XVII of this chapter.

(Ord. No. 85-26, § 1(I.D.2(a)(9)(f)), 11-27-1985; Ord. No. 89-23, § 50, 8-15-1989; Ord. No. 91-39, § 2, 9-3-1991)

Sec. 126-456. - Required conditions for lots in Sanibel Harbours Subdivision.

The use of lots A through Q of Sanibel Harbours Subdivision in the G altered land zone is limited to the noncommercial berthing of vessels. Docks, boat davits and boat lifts are permitted in the same manner and, to the extent applicable, under the same standards as accessory docks, boat davits and boat lifts are permitted in other manmade public canals, as provided in article XIV, division 2, subdivisions I and II, of this chapter, except as follows:

(1)

The use and the structures are not accessory to the residential lots in Sanibel Harbours Subdivision.

(2)

No more than two motor vehicles shall be parked upon any lot at any time.

(3)

No parking shall be permitted between the hours of 10:00 p.m. and 6:00 a.m., except when a vessel is away from the dock.

(4)

No parking shall be permitted for more than 72 consecutive hours.

(Ord. No. 95-15, § 2(I.D.2(a)(9)(g)), 12-5-1995)