The purpose of these development regulations for commercial land uses is to implement the plan for commercial development in the Sanibel Plan in a manner that respects the city's objective to remain a unique small town community whose members choose to live in harmony with one another and with nature; creating a human settlement distinguished by its diversity, beauty, uniqueness, character and stewardship.

These land development regulations are intended to:

• Ensure that the commercial sector of the community serves and blends in with the residential sector and natural resources of the community.

• Limit the acreage for and the floor area of commercial development to an amount that can be supported on Sanibel by its residents, property owners and guests residing in the resort housing segment of the community.

• Guide commercial development into clusters, rather than in a continuous commercial strip.

• Assure that opportunities are available for a wide range of unique commercial activities primarily focusing on the needs of island residents.

• Maintain a balance between various types of commercial activities by:

- Retaining and embracing unique commercial uses that contribute to the sanctuary and barrier island qualities unique to Sanibel, and

- Supporting the establishment and retention of island and resident serving commercial uses; and

- Discouraging commercial uses that cater principally to the day visitor to the city or create an attraction.

In order to retain the city's desired qualities as sanctuary and community.

• Contribute to the maintenance of the character of the community by:

- Preserving the scale and architectural character of existing commercial buildings that reflect the city's history and community character;

- Using architectural design and features that are compatible with the community;

- Avoiding what is referred to as "cookie cutter" architecture; and

- Using substantial vegetation in the buffering and landscaping of the development.

• Encourage mixed-use commercial and residential development in commercial districts.

• Promote alternative forms of travel and accessibility, including pedestrian and bicycle access.

(Ord. No. 06-022, § 1, 2-20-2007)

(a)

All new nonresidential structures designed primarily for use involving public entry greater than 3,000 square feet of floor area requiring a development permit, including, but not limited to, banks, office buildings, shop complexes and halls and theaters shall be designed and constructed insofar as determined to be practical by the city so that hallways, lobbies, lounges and utility areas can be used as emergency refuge during hurricanes by persons unable to evacuate. Nothing in this subsection, however, shall be taken as any indication or implication that emergency on-island refuge is as safe as off-island shelter, or that the city's policy of evacuation when threatened by approaching hurricane, as set forth in the Sanibel Plan, is in any way abrogated or modified.

(b)

Each emergency refuse space which is required under subsection (a) of this section shall have tanks or other storage facilities for 500 gallons of emergency potable water.

(Ord. No. 85-26, §§ 1(I.E.26), (I.I.25), 11-27-1985)

The purpose of the GC general commercial district is to provide for clusters of commercial development along Periwinkle Way, rather than a continuous commercial strip. This district provides opportunities for a wide range of commercial activities that primarily serve islander needs. The GC general commercial district is designed to permit low intensity commercial development with a wide variety and mixture of retail, office, and service uses, with integrated residential uses offered as an alternative to commercial uses.

(Ord. No. 06-022, § 2, 2-20-2007)

(a)

Primary intended uses. Primary intended commercial uses in the GC general commercial district are the following, provided no such use involves on-site food preparation or processing, drive-in or drive-through facilities, or outdoor storage, so as to require conditional use approval:

(1)

Accounting, auditing and bookkeeping services.

(2)

Advertising agents.

(3)

Animal training and grooming services.

(4)

Apparel and apparel accessories stores (retail).

(5)

Appraisers.

(6)

Architectural, engineering and surveying services.

(7)

Artists' studios (retail).

(8)

Auctioneering services.

(9)

Auto and home supply stores (retail).

(10)

Bait and tackle shops (retail).

(11)

Banks.

(12)

Barber shops.

(13)

Beauty shops.

(14)

Bicycle shops (retail).

(15)

Blueprinting and photocopying services.

(16)

Book stores (retail).

(17)

Building contractors and subcontractors.

(18)

Building materials stores (retail).

(19)

Business associations.

(20)

Cablevision services.

(21)

Camera and photographic supply stores (retail).

(22)

Candy, nut and confectionery stores (retail).

(23)

Carpet and upholstery cleaning.

(24)

Child care services.

(25)

Children's and infant's wear stores (retail).

(26)

Cleaning and maintenance services.

(27)

Commercial art galleries (retail).

(28)

Commercial photography.

(29)

Communication services.

(30)

Computer services.

(31)

Credit institutions.

(32)

Dairy products stores (retail).

(33)

Detective agencies and protective services.

(34)

Developers.

(35)

Disinfecting and exterminating services.

(36)

Drug stores and pharmacies (retail).

(37)

Florists (retail).

(38)

Fruit and vegetable markets (retail).

(39)

Funeral homes and parlors.

(40)

Furniture and wood products, manufacturing.

(41)

Furniture stores (retail).

(42)

Garment pressing, and agents, laundries and dry cleaning.

(43)

Gift, novelty, and souvenir shops, including shell shops (retail).

(44)

Hand painting and printing of textiles.

(45)

Hardware stores (retail).

(46)

Health clubs or spas.

(47)

Hobby, toy and game stores (retail).

(48)

Home inspection and home watch services.

(49)

Household appliance stores (retail).

(50)

Insurance agents.

(51)

Interior decorators.

(52)

Jewelry stores (retail).

(53)

Landscape and horticultural services.

(54)

Legal services.

(55)

Linen supply.

(56)

Liquor stores (retail).

(57)

Luggage and leather goods stores (retail).

(58)

Mail order houses and distributors.

(59)

Management, consulting and public relation services.

(60)

Mortgage bankers and brokers.

(61)

Music stores (retail).

(62)

News dealers (retail).

(63)

Notary publics.

(64)

Offices of dentists.

(65)

Offices of health practitioners.

(66)

Offices of physicians.

(67)

Office sharing.

(68)

Office supply stores (retail).

(69)

Optical goods stores (retail).

(70)

Packaging and labeling services.

(71)

Paint, glass and wallpaper stores (retail).

(72)

Pet food stores (retail).

(73)

Pet shops (retail).

(74)

Printing, publishing and allied industries.

(75)

Professional membership organizations.

(76)

Professional studios involving the teaching of dance, and fine arts.

(77)

Radio and television stores (retail).

(78)

Real estate agents and managers.

(79)

Religious goods stores (retail).

(80)

Repair shops.

(81)

Retail bakeries (retail).

(82)

Retail nurseries, lawn and garden supply stores (retail).

(83)

Re-upholstery and furniture repair.

(84)

Savings and loan associations.

(85)

Security brokers and services.

(86)

Sewing, needlework, and piece goods stores (retail).

(87)

Shoe stores (retail).

(88)

Sign painting and lettering shops.

(89)

Sporting goods stores (retail).

(90)

Stationery and card stores (retail).

(91)

Swimming pool cleaning and maintenance.

(92)

Tailoring and dressmaking services.

(93)

Taxicab services.

(94)

Telephone message services.

(95)

Title abstract offices.

(96)

Tobacco shops (retail).

(97)

Tool and equipment rental.

(98)

Travel agents.

(99)

Uniform supply stores.

(100)

Used merchandise stores (retail).

(101)

Veterinary services.

(102)

Video equipment and tapes, sales and rentals (retail).

(103)

Warehousing and storage.

(b)

Other permitted uses. The following uses are also permitted in the GC general commercial district:

(1)

Single-family dwellings.

(2)

Duplex dwelling units.

(3)

Residential cluster developments and multifamily developments, subject to the provisions of section 86-71 (development standards; residential) average occupancy rate.

(4)

Occupancy of a dwelling unit by one family.

(5)

Public facilities.

(6)

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

(Ord. No. 85-26, § 1(I.D.3(a)(1), (2)), 11-27-1985; Ord. No. 86-25, § 5, 6-17-1986; Ord. No. 87-05, § 1, 2-17-1987; Ord. No. 01-09, § 2, 6-19-2001; Ord. No. 06-022, § 3, 2-20-2007; Ord. No. 13-010, § 3, 12-3-2013; Ord. No. 24-005, § 2, 3-5-2024)

The following uses in the GC general commercial district shall be permitted as conditional uses subject to the conditions and procedures set forth in articles II and IV of this chapter:

(1)

Assisted living facilities.

(2)

Any drive-in or drive-through facility in conjunction with a permitted or conditional commercial use; except that drive-up, drive-through or drive-in lanes with carry-out service windows shall not be permitted in or at any eating place, restaurant, food service operation or beverage or liquor store; and except that formula restaurants shall not be permitted in this, or in any, district of the city.

(3)

Any permitted or conditional commercial use involving on-site food preparation or processing; except that drive-up, drive-through or drive-in lanes with carry-out service windows shall not be permitted in or at any eating place, restaurant, food service operation or beverage or liquor store; and except that formula restaurants shall not be permitted in this, or in any, district of the city.

(4)

Any commercial building resulting in more than 6,000 square feet of commercial floor area, not including buildings occupied by the following uses that are exempt from this limitation: grocery stores, hardware stores, restaurants and furniture and home furnishings stores. The expansion of an existing commercial building resulting in a building with more than 6,000 square feet of commercial floor area requires conditional use approval. However, a conditional use permit is not required to re-occupy a lawfully existing commercial building that is larger than 6,000 square feet of commercial floor area with retail uses listed in section 126-491, permitted uses.

For this use, conditional use approval must be obtained from city council.

(5)

Any commercial retail use resulting in more than 2,000 square feet of commercial floor area, not including the following uses that are exempt from this limitation: Grocery stores and food markets, hardware stores, and furniture and home furnishings stores.

The combining of existing commercial units or the expansion of an existing commercial unit resulting in a commercial retail unit with more than 2,000 square feet of commercial floor area requires conditional use approval. However, conditional use approval is not required to re-occupy a lawfully existing retail unit that is larger than 2,000 square feet of commercial floor area with a retail use listed in section 126-491, permitted uses.

For this use, conditional use approval must be obtained from city council.

(6)

Any commercial unit with street frontage exceeding 50 linear feet for any commercial units fronting on and within 200 feet of the right-of-way for an arterial or collector road, not including the following uses that are exempt from this limitation: Grocery stores, hardware stores, restaurants, and furniture and home furnishings stores.

The combining of existing commercial units or the expansion of an existing commercial unit resulting in a commercial retail unit with more than 50 linear feet of street frontage on and within 200 feet of the right-of-way for an arterial or collector road requires conditional use approval.

For this use, conditional use approval must be obtained from city council.

(7)

Automobile and other motorized vehicle rental agencies.

(8)

Automotive repair shops.

(9)

Bicycle rentals.

(10)

Boat and canoe rentals.

(11)

Car washes.

(12)

Carry-out food stores not listed as a permitted use, including ice cream shops (retail).

(13)

Caterers.

(14)

Coin-operated laundries.

(15)

Reserved.

(16)

Foster family homes.

(17)

Formula retail stores (retail) provided that the retail use (activity) is listed as a primary intended use or conditional use for this district. The definition of formula retail store is provided in section 78-1, rules of construction and definitions.

(18)

Gasoline service stations (retail).

(19)

Grocery stores, delicatessen stores, and food markets (retail).

(20)

Increased-density below market rate housing.

(21)

Institutional uses.

(22)

Marine sales and repair shops (retail).

(23)

Motion picture theatres, except drive-in.

(24)

Outdoor storage in conjunction with a permitted, or approved, conditional commercial use.

(25)

Public utility uses.

(26)

Rehabilitation centers.

(27)

Residential child caring facilities.

(28)

Restaurants and other eating places (retail); except that:

a.

Drive-up, drive-through or drive-in lanes with carry-out service windows shall not be permitted in or at any eating place, restaurant, food service operation or beverage or liquor store; and

b.

Formula restaurants shall not be permitted in this, or in any, district in the city.

(29)

Social service homes.

(30)

Theatres for live performances.

(31)

Variety or department stores (retail).

(Ord. No. 85-26, § 1(I.D.3(a)(3)), 11-27-1985; Ord. No. 86-25, § 5, 6-17-1986; Ord. No. 93-16, § 1, 8-3-1993; Ord. No. 96-10, § 2, 9-17-1996; Ord. No. 06-022, § 4, 2-20-2007; Ord. No. 24-005, § 2, 3-5-2024)

Accessory uses customarily incident to the uses permitted in the GC general commercial district 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; and article XV of this chapter; and accessory gasoline pumps in accordance with the requirements of chapter 122, article II, division 2, section 126-271 and article XIV, divisions 5 and 15 of this chapter; and article XVII of this chapter.

(Ord. No. 85-26, § 1(I.D.3(a)(4)), 11-27-1985; Ord. No. 86-25, § 5, 6-17-1986)

(a)

Maximum floor area ratio. The maximum floor area ratio for parcels in the GC general commercial district shall be ten percent.

(b)

Height. The height of the principal structure in the GC general commercial district shall not exceed 45 feet above mean sea level. In any structure, commercial floor area is permitted in the lowest story, either below base flood elevation (and floodproofed) or elevated to or above the base flood elevation. Two stories may be used for commercial floor area, provided that the following criteria are met:

(1)

No more than 40 percent of the commercial floor area in the structure is on the second story.

(2)

The second story is to be completely under the roof of the structure.

(c)

Front yard setback. For principal structures in the GC general commercial district there shall be a minimum front yard setback of 20 feet from the front property line.

(d)

Side and rear yard setbacks. For principal structures in the GC general commercial district there shall be minimum side and rear yard setbacks of 15 feet from side and rear property lines.

(e)

Open body of water setback. All structures in the GC general commercial district shall be set back a minimum of 20 feet from open bodies of water.

(f)

Coverage. The maximum land area to be covered with impermeable surfaces in the GC general commercial district shall not exceed 45 percent of the lot area, but see also section 126-977.

(g)

Developed area and vegetation removal. The maximum land area to be used as developed area and the maximum land area to be cleared of vegetation in the GC general commercial district shall not exceed 50 percent of the gross area of any parcel.

(h)

Environmental performance standards. Except as may be specified to the contrary in divisions 2 through 5 of this article, commercial development of any parcel in the GC general commercial district shall comply with the environmental performance standards set forth in section 126-653 and article XIII, divisions 2 through 7, of this chapter for the applicable ecological zones designated on the zoning map of the city.

(Ord. No. 85-26, § 1(I.D.3(a)(5)), 11-27-1985; Ord. No. 86-25, § 5, 6-17-1986; Ord. No. 06-022, § 5, 2-20-2007; Ord. No. 23-007, § 2, 3-7-2023; Ord. No. 23-018, § 2, 8-15-2023)

Development or use of any lot or parcel in the GC general commercial district 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; chapter 118; chapter 122, article II, division 2; chapter 122, article III; article V of this chapter; sections 126-244 through 126-249; sections 126-651 and 126-652; section 126-271; 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 5 and 10 through 14, of this chapter; article XV of this chapter; and article XVII of this chapter.

(Ord. No. 85-26, § 1(I.D.3(a)(6)), 11-27-1985; Ord. No. 86-25, § 5, 6-17-1986)

The purpose of the TCG town center general commercial district is to provide for commercial and mixed use development in the geographical center of the city. Because of this area's relatively good access from Periwinkle Way, Palm Ridge Road and Tarpon Bay Road and proximity to civic, cultural and governmental uses, the town center general district is a preferred location for retail and mixed use development and therefore higher floor area ratios are permitted. The TCG town center general commercial district is designed to provide a wide variety and mixture of retail, office, and service uses, along with integrated residential uses of low and moderate intensities.

(Ord. No. 06-022, § 6, 2-20-2007)

(a)

Primary intended uses. Primary intended commercial uses for the TCG town center general commercial district are the same as for the GC general commercial district, but with higher permitted floor area ratios and residential densities. See subsection 126-491(a) for the listing of permitted uses.

(b)

Other permitted uses. Other permitted uses for the TCG town center general commercial district are the same as for the GC general commercial district. See subsection 126-491(b) for the listing of other permitted uses.

(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)

Public facilities.

(6)

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

(Ord. No. 85-26, § 1(I.D.3(b)(1), (2)), 11-27-1985; Ord. No. 86-25, § 5, 6-17-1986; Ord. No. 01-09, § 2, 6-19-2001; Ord. No. 06-022, § 7, 2-20-2007)

Conditional uses in the TCG town center general commercial district are the same as for the GC general commercial district, but with higher permitted floor area ratios. See section 126-492 for the listing of conditional uses.

(Ord. No. 85-26, § 1(I.D.3(b)(3)), 11-27-1985; Ord. No. 86-25, § 5, 6-17-1986; Ord. No. 06-022, § 8, 2-20-2007)

Accessory uses customarily incident to the uses permitted in the TCG town center general commercial district 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; and article XV of this chapter; and accessory gasoline pumps in accordance with the requirements of chapter 122, article II, division 2; section 126-271; article XIV, divisions 5 and 15, of this chapter; and article XVII of this chapter.

(Ord. No. 85-26, § 1(I.D.3(b)(4)), 11-27-1985; Ord. No. 86-25, § 5, 6-17-1986)

(a)

Maximum floor area ratio. The maximum floor area ratio for parcels in the TCG town center general commercial district shall be 12 percent, unless otherwise approved pursuant to subsection 126-1032(4).

(b)

Height. The height of the principal structure in the TCG town center general commercial district shall not exceed 45 feet above mean sea level. In any structure in the TCG town center general commercial district, commercial floor area is permitted in the lowest story, either below base flood elevation (and floodproofed) or elevated to or above the base flood elevation. Two stories may be used for commercial floor area, provided that the following criteria are met:

(1)

No more than 40 percent of the commercial floor area in the structure is on the second story.

(2)

The second story is to be completely under the roof of the structure.

(c)

Front yard setback. For principal structures in the TCG town center general commercial district there shall be a minimum front yard setback of 20 feet from the front property line; see also section 126-962.

(d)

Side and rear yard setbacks. For principal structures in the TCG town center general commercial district there shall be minimum side and rear yard setbacks of 15 feet from side and rear property lines.

(e)

Open body of water setback. All structures in the TCG town center general commercial district shall be set back a minimum of 20 feet from open bodies of water.

(f)

Coverage. The maximum land area to be covered with impermeable surface in the TCG town center general commercial district shall not exceed 45 percent of the lot area, but see also section 126-977.

(g)

Developed area and vegetation removal. The maximum land area to be used as developed area and the maximum land area to be cleared of vegetation in the TCG town center general commercial district shall not exceed 50 percent of the gross area of any parcel.

(h)

Environmental performance standards. Except as may be specified to the contrary in this article, commercial development of any parcel in the TCG town center general commercial district shall comply with the environmental performance standards set forth in section 126-653 and article XIII, divisions 2 through 7 of this chapter for the applicable ecological zone designated on the zoning map of the city.

(Ord. No. 85-26, § 1(I.D.3(b)(5)), 11-27-1985; Ord. No. 86-25, § 5, 6-17-1986; Ord. No. 06-022, § 9, 2-20-2007; Ord. No. 23-007, § 2, 3-7-2023; Ord. No. 23-018, § 2, 8-15-2023; Ord. No. 24-005, § 2, 3-5-2024; Ord. No. 25-012, § 3, 7-15-2025)

Development or use of any lot or parcel in the TCG town center general commercial district 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; chapter 118; chapter 122, article II, division 2; chapter 122, article III; article V of this chapter; sections 126-244 through 126-249; sections 126-651 and 126-652; section 126-271; 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, division 5 and 10 through 14, of this chapter; article XV of this chapter; and article XVII of this chapter.

(Ord. No. 85-26, § 1(I.D.3(b)(6)), 11-27-1985; Ord. No. 86-25, § 5, 6-17-1986)

The purpose of the TCL town center limited commercial district, like the TCG town center general commercial district, is also to provide for commercial and mixed-use development in the geographical center of the city. Because of this area's relatively good access from Periwinkle Way, Palm Ridge Road and Tarpon Bay Road, and proximity to civic, cultural and governmental uses, the TCL town center limited district is a preferred location for retail development and therefore higher floor area ratios are permitted. The TCL town center limited commercial district is designed to provide an opportunity for a variety and mixture of retail, office, and service uses which support the establishment and retention of island and resident serving commercial uses and discourage commercial uses that cater principally to the day visitor to the city.

(Ord. No. 06-022, § 10, 2-20-2007)

(a)

Primary intended uses. Primary intended commercial uses for the TCL town center limited commercial district are the same as for the GC general commercial district and the TCG town center general commercial district, except that the following uses are not permitted:

(1)

Apparel and apparel accessories stores.

(2)

Children's and infant's wear stores.

(3)

Gift, novelty, and souvenir shops, including shell shops.

(4)

Jewelry stores.

(5)

See subsection 126-491(a) for the listing of other uses which are permitted.

(b)

Other permitted uses. Other permitted uses for the TCL town center limited commercial district are the same as for the GC general commercial district and the TCG town center general commercial district. See subsection 126-491(b) for the listing of other permitted uses.

(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)

Public facilities.

(6)

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

(Ord. No. 85-26, § 1(I.D.3(c)(1), (2)), 11-27-1985; Ord. No. 86-25, § 5, 6-17-1986; Ord. No. 01-09, § 2, 6-19-2001; Ord. No. 06-022, § 11, 2-20-2007)

Conditional uses in the TCL town center limited commercial district are the same as for the GC general commercial district and the TCG town center general commercial district. See section 126-492 for the listing of conditional uses.

(Ord. No. 85-26, § 1(I.D.3(c)(3)), 11-27-1985; Ord. No. 86-25, § 5, 6-17-1986; Ord. No. 06-022, § 12, 2-20-2007)

Cross reference— § 126-492.

Accessory uses customarily incident to the uses permitted in the TCL town center limited commercial district 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; and article XV of this chapter; and accessory gasoline pumps in accordance with the requirements of chapter 122, article II, division 2; section 126-271; article XIV, divisions 5 and 15, of this chapter; and article XVII of this chapter.

(Ord. No. 85-26, § 1(I.D.3(c)(4)), 11-27-1985; Ord. No. 86-25, § 5, 6-17-1986)

(a)

Maximum floor area ratio. The maximum floor area ratio for parcels in the TCL town center limited commercial district shall be 12 percent, unless otherwise approved pursuant to subsection 126-1032(4).

(b)

Height. The height of the principal structure in the TCL town center limited commercial district shall not exceed 45 feet above mean sea level. In any structure in the TCL town center limited commercial district, commercial floor area is permitted in the lowest story, either below base flood elevation (and floodproofed) or elevated to or above the base flood elevation. Two stories may be used for commercial floor area, provided that the following criteria are met:

(1)

No more than 40 percent of the commercial floor area in the structure is on the second story.

(2)

The second story is to be completely under the roof of the structure.

(c)

Front yard setback. For principal structures in the TCL town center limited commercial district there shall be a minimum front yard setback of 20 feet from the front property line; see also section 126-962.

(d)

Side and rear yard setbacks. For principal structures in the TCL town center limited commercial district there shall be minimum side and rear yard setbacks of 15 feet from side and rear property lines.

(e)

Open body of water setback. All structures shall be set back a minimum of 20 feet from open bodies of water.

(f)

Coverage. The maximum land area to be covered with impermeable surfaces in the TCL town center limited commercial district shall not exceed 45 percent of the lot area, but see also section 126-977.

(g)

Developed area and vegetation removal. Maximum land area to be used as developed area and the maximum land area to be cleared of vegetation in the TCL town center limited commercial district shall not exceed 50 percent of the gross area of any parcel.

(h)

Environmental performance standards. Except as may be specified to the contrary in this article, commercial development of any parcel in the TCL town center limited commercial district shall comply with the environmental performance standards set forth in section 126-653 and article XIII, divisions 2 through 7, of this chapter for the applicable ecological zone designated on the zoning map of the city.

(Ord. No. 85-26, § 1(I.D.3(c)(5)), 11-27-1985; Ord. No. 86-25, § 5, 6-17-1986; Ord. No. 06-022, § 13, 2-20-2007; Ord. No. 23-007, § 2, 3-7-2023; Ord. No. 23-018, § 2, 8-15-2023; Ord. No. 24-005, § 2, 3-5-2024; Ord. No. 25-012, § 3, 7-15-2025)

Development or use of any lot or parcel in the TCL town center limited commercial district 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; chapter 118; chapter 122, article II, division 2; chapter 122, article III; article V of this chapter; sections 126-244 through 126-249; sections 126-651 and 126-652; section 126-271; 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 5 and 10 through 14 of this chapter; article XV of this chapter; and article XVII of this chapter.

(Ord. No. 85-26, § 1(I.D.3(c)(6)), 11-27-1985; Ord. No. 86-25, § 5, 6-17-1986)