City’s planning commission moves forward Code changes
The Sanibel Planning Commission recently approved some ordinances regarding Land Development Code amendments and moved them forward to the Sanibel City Council for consideration, with a recommendation for approval.
At their July 23 meeting, the commissioners held public hearings on four changes to the Sanibel Plan proposed by staff to assist with redevelopment post-disaster. Planning Director Paula McMichael reported that the LDC amendments came out of the commission and council’s joint workshop in June.
The first ordinance dealt with nonconforming use and structures and an extension of the deadline to reestablish them. Prior to Hurricane Ian, the deadline for reestablishing a nonconforming use post-disaster was 12 months from the date of the disaster. An ordinance approved by the council extended the deadline to 24 months where a state of local emergency existed beyond six months.
She reported that the proposed change would extend the deadline to 36 months — to Dec. 15, 2025.
The commission voted unanimously 7-0 to approve the ordinance amending the Code to extend the deadline from 24 months to 36 months for reestablishing a nonconforming use or nonconforming structure following a natural disaster and to recommend that the council approve it.
The second ordinance dealt with conditional use applications. Part of the discussion at the joint workshop was whether there were opportunities to expedite some applications by temporarily allowing staff review, rather than requiring commission approval. Conditional use was one type discussed.
McMichael reported that two types of conditional uses were identified for staff review, based on the number of applications received and the potential impacts of the type of use: eating places, restaurants, grocery stores, etc. and formula retail. The proposed change would be from the long-form application process through the commission for an approval to the short-form application process through staff.
Additionally, the amendment would provide an exemption for businesses that have been in existence since the city’s incorporation from obtaining otherwise required conditional use permits, if the need arises from redevelopment post-disaster, and would amend the general requirements for conditional use applications to presume that conditional uses have no greater traffic impacts than permitted uses.
The commission voted 5-2 to approve the ordinance amending the Code — with changes — to modify the process for approval of conditional use permits following a natural disaster and to recommend that the council approve it. It removed formula retail and added language on reestablishing in same location and on the ability for staff to attach conditions that it deems necessary during the short-form process.
Commissioners Lyman Welch and Kate Sergeant cast the dissenting votes.
The third ordinance dealt with waiver applications. Part of the discussion at the joint workshop was whether there were opportunities to again expedite some applications by temporarily allowing staff review via short-form, rather than requiring commission approval. Waivers was one type discussed.
McMichael reported that the following are five types of waivers that nonconforming commercial properties can apply for as well as standards for review:
– The design specifications for off-street parking spaces and loading areas.
– The installation, location, numbers, types, size and variety specified for commercial vegetation buffers and landscaping.
– Modifications and improvements to lawfully existing nonconforming parcels of land, buildings or structures — including the roof or other architectural features of such buildings or structures — that are situated within the minimum front, side or rear yard setbacks for the commercial districts.
– The maximum allowed land area to be either covered with impermeable surfaces or developed for a specific use or cleared of vegetation for nonconforming properties located within the commercial districts.
– Increase in the number of ingress/egress driveways access to any of the commercially zoned properties that will enhance safety and traffic circulation.
The commission voted 7-0 to approve the ordinance amending the Code to modify the process for the approval of waivers to lawfully existing nonconforming structures and properties located in the General, Town Center General and Town Center Limited Commercial Districts following a disaster and to recommend that the council approve it.
The fourth ordinance dealt with long-form development permit applications. Part of the discussion at the joint workshop was whether there were opportunities to again expedite some applications by temporarily allowing staff review, rather than requiring commission approval. Long-form development permit was one type discussed.
McMichael reported that the following were three types of long-from development permits proposed for staff review and approval:
– All applications for development which require a variance or waiver.
– All applications for development requiring conditional use permits.
– Building back either a nonconforming structure or a nonconforming use within a nonconforming structure which has been destroyed or substantially damaged by a natural disaster within the three-dimensional outline of the lawfully existing habitable area of the pre-disaster building, but the footprint of the lawfully existing pre-disaster building is moved in a manner that reduces the pre-disaster building’s encroachment into the Gulf Beach Zone.
She noted that variances and conditional uses — except for eating places, restaurants, grocery stores, etc. — would still be heard and approved by the commission, but any implementing development permit could be approved by staff. Waiver applications would be approved by staff, along with any implementing development permit.
Additionally, the amendment would allow staff approval of any development permit to “build back” a lawfully existing structure in the Gulf Beach Zone where the footprint changes in order to reduce the encroachment into the Gulf Beach.
The commission voted 7-0 to approve the ordinance amending the Code to modify the process for approval for some long-form development permits following a disaster and to recommend that the council approve it.
To reach TIFFANY REPECKI / trepecki@breezenewspapers.com, please email