HomeMy WebLinkAboutOrdinance - City Council - Regular - 4000 - 12/4/2023ORDINANCE 4000
AN ORDINANCE
To Be Entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT MYERS,
FLORIDA, AMENDING THE CITY CODE, SUB-PART B, LAND
DEVELOPMENT CODE, AMENDING CHAPTER 118 LAND USE
REGULATIONS, ARTICLE 2. BASE DISTRICTS, SECTION 118.2.1.
RESIDENTIAL DISTRICTS AND SECTION 118.2.2. COMMERCIAL
DISTRICTS; ARTICLE 3 SUPPLEMENTARY REGULATIONS, SECTION
118.3.3. USE STANDARDS; SECTION 118.3.5 TEMPORARY OR MOBILE
USES AND STRUCTURES; CREATING SECTION 118.3.6 CONSTRUCTION
SITE SCREENING; AMENDING SECTION 118.3.8 FENCES AND WALLS;
AND ARTICLE 8 SMART CODE, SECTION 118.8.5 ZONING DISTRICT
REGULATIONS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR
AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF FORT MYERS,
FLORIDA, that:
SECTION 1. The City Code of the City of Fort Myers, Florida, Sub-Part
B, Land Development Code, Chapter 118 Land Use Regulations, Article 2 Base Districts,
Section 118.2.1. Residential Districts is hereby amended to read as follows:
Sec. 118.2.1. Residential Districts
A. Intent statements.
[Subsection 1 a-e remain unchanged]
2. Residential multifamily districts
[Subsections 2 (a and b) remain unchanged]
c. Residential multifamily (RM-25). This district is intended to
accommodate high density multifamily residential development
within the Traditional Community (T / C) and Corridor Commercial
(C/C) Future Land Use designations. The maximum density
ORDINANCE NO. 4000
permitted is 25 dwelling units per acre. See Table 118.2.1.E. and
F., RM-16 standards for townhome and multifamily residential
dimensional requirements.
Permitted uses
1) Assisted living facility; nursing home; life care facilities.
2) Bed and breakfast.
3) Day care center (adult or child), Preschool.
4) Park; recreation field, beaches.
5) Police, fire, EMS substation.
6) Residential, multifamily (See 118.3.3.A.3).
7) Residential, townhouse (See 118.3.3.A. l).
8) Student dormitory, fraternity, sorority.
9) Water management structures, wells, reservoirs.
Conditional uses
10) Art studio, gallery (See 118.3.3.C.3).
11) Boarding facility, youth hostel.
12) Commercial wireless telecommunication facility (See
118.3.10).
13) Convenience store without gas pumps.
14) Golf course, tennis, country club, clubhouse.
15) Hotel, motel, inn, extended stay facility .
16) Manufactured home (See 118.3.3.A.4).
17) Museum, library, community center (public).
18) Religious institutions (See 118.3.3.B.1).
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19) School, public or private (K-12).
B. Housing types.
[Subsection 1 remains unchanged]
2. Building envelope standards. The building envelope standards for
buildings in the residential districts are as follows. The cross
reference shown in the right-hand column of the table lists
additional standards that must be followed.
Residential zoning district dimensional requirements. The cross-reference
shown in the right-hand column of the tables lists additional standards
that must be followed. All footnotes are located at the end of the tables.
[Tables 118.2.1.B through D remain unchanged)
Table 118.2.1.E. Townhouse Residential Dimensional Standards
TOWNHOUSE RS-E RS-5 RS-6 RS-7 RS-D RM-12 RM-16 RM-25
Project Area
(minimum acres)
3 3 3 1
Open Space
(Common)
35% 35% 35% 35%
Lot (min ft.)
Width 15 15 15 15
Area per Unit (sq.
ft.)
1,350 1,350 1,350 1,350
Yard Setbacks (min
ft.)
Front, Principal
Building
15 15 15 15
Front-Facing
Garage Door1
25 25 25 25
Side (interior) 5 / 0 5 / 0 5 / 0 5 / 0
Side (street) see subsection 118.1.6.F.4.
Rear 10 10 10 10
Waterfront 25 25 25 25
Bulk (max)
Height (ft.) 35 45 45 45
Building Coverage 70% 70% 70% 70%
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Living Area (min 800 800 800 800 800 800
s . ft. er dwellin
Table 118.2.1 .F . Multifamily Residential Dimensional Standards
MULTIFAMILY RS-E RS-5 RS-6 RS-7 RS-D RM-12 RM-16 RM-25
Density (max
units / acre)
Permitted by-12 16 25
rif!h t
Permitted by 12+ 16+ 25+
conditional use
Site (min)
Area (acres) ---
Open Space 35% 35% 35%
(Common)
Width 50 50 50
Dep th 100 100 100
Lot (min ft.)
Yard Setbacks
(min ft.)
Front, Principal 15 15 15
Building
Front-Facing 25 25 25
Garage Door
Side (interior) 7 7 7
Side (street) see subsection 118.1 .6 .F.4.
Rear 10 10 10
Waterfront 25 25 25
Bulk (max)
Height (ft.) 45 70' or 5 70' or 5
stories2 stories2
Building 45% 45% 45%
Coverage
Living Area (min 500/750 500/750 500/750
sq. ft. per
dwelling)
Studio/One
Bedroom
1 Single-family detached homes built between 2004 and December 6, 2021, constructed with a
seven-foot side yard setback, shall be considered conforming for the purposes of this code. If the
structure is replaced, any new structure shall comply with the code in existence at that time.
New single-family homes in the RS-7, RS-D , RM-12, and RM-16 districts built on lots less than
60 feet in width may have a side (interior) yard setback of seven (7) feet.
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ORDINANCE NO. 4000
2 70 feet or five stories subject to the underlying setbacks, or no height limit, except that height
of structures cannot exceed twice the least proposed yard setback. The option for height limit
must be determined at the time of site work permits. -
[Subsections C & D remain unchanged]
SECTION 2. The City Code of the City of Fort Myers, Florida, Sub-Part B,
Land Development Code, Chapter 118 Land Use Regulations, Article 2 Base Districts,
Section 118.2.2. Commercial Districts is hereby amended to read as follows:
Sec. 118.2.2. Commercial Districts.
Commercial zoning districts include Neighborhood Commercial (NC), Commercial
General (CG) and Commercial Intensive (Cl) .
A. Intent statements.
[Subsections 1-3 remain unchanged]
4. Commercial Intensive -Non-Residential (CI-NR). It is the express intent
of CI-NR District to provide areas for more intense commercial
development and commerce while maintaining an attractive community.
Permitted uses:
1) Animal boarding, animal shelter, kennel, dog day care (See 118.3.3.C.2).
2) Animal grooming.
3) Animal hospital, veterinary clinic (See 118.3.3.C.2).
4) Art studio, gallery (See 118.3.3.C.3).
5) Assisted living facility, nursing home, life care facilities.
6) Auction room, auction house.
7) Bank.
8) Bar, dancehall, nightclub, restaurant with entertainment, bottle club (See
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118.3.3.C. l).
9) Bed and breakfast.
10) Butcher, baker, catering.
11) Call center.
12) Car wash full or self-service.
13) College, university, trade school, enrichment classes such as dance or
martial arts.
14) Commercial amphitheater.
15) Convenience store with or without gas pumps, gas station (See
118.3.3.C.4).
16) Copy, print, pack and ship, printing, publishing, post office, Other office
type services.
17) Day care center (adult or child), preschool.
18) Funeral home (crematorium and mortuary accessory only).
19) Greenhouse or nursery, commercial, garden center.
20) Health club.
21) Hotel, motel, inn, extended stay facility.
22) Hospital, medical center.
23) Indoor and outdoor commercial recreation.
24) Laundromat, dry-cleaning, carpet cleaning plants and drop-off, diaper
service, linen supply.
25) Light manufacturing, repair or assembly of equipment and instruments.
26) Lodge, membership club (See 118.3.3.C.1).
27) Medical, dental, chiropractor, counseling, outpatient surgery centers and
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offices.
28) Medical or dental laboratory.
29) Microbrewery, microdistillery (See 118.3.3.C. l).
30) Museum, library, community center (public).
31) Offices: business, professional, financial, governmental, or operational.
32) Outdoor recreation.
33) Park, recreation field, beaches.
34) Parking, surface or garage, as accessory or primary use.
35) Personal care services.
36) Pharmacy (stand-alone).
37) Police, fire, EMS substation.
38) Radio, TV or recording studio.
39) Religious institutions (See 118.3.3.B.1).
40) Repair services, non-automotive.
41) Research, testing and development laboratory.
42) Restaurant/food service establishment, with or without sale of alcoholic
beverages (See 118.3.3.C. l).
43) Retail, wholesale or rental store (including motor vehicle or large
equipment (See 118.3.3.C.10).
44) School, public or private (K-12).
45) Self-storage, fully enclosed indoor multi-story or mini-storage (See
118.3.3.C.8).
46) Student dormitory, fraternity, sorority.
47) Vehicle service and repair (See 118.3.3.C.9).
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48) Vehicle sales, lease, or rental (See 118.3.3.C.10).
49) Warehousing, distribution center, 50,000 sq. ft . or less.
50) Water management structures, wells, reservoirs.
Conditional uses:
51) Alcohol and drug rehabilitation treatment or clinic, detoxification centers.
52) Alternative or post-incarceration facility, transitional home, halfway
house.
53) Auditorium, arena, stadium, indoor athletic, tennis, swim club.
54) Blood plasma donation center.
55) Boarding, rooming or lodging facility, youth hostel.
56) Machine shop.
57) Major utilities.
58) Warehousing, distribution center, 50,001 sq. ft . or more.
B. Building envelope standards. The building envelope standards for
buildings in the commercial districts are as follows . The cross-reference
shown in the right-hand column of the table lists additional standards that
must be followed.
Table 118.2.1.H. Nonresidential Dimensional Standards
NONRESIDENTIAL NC CG CI CI-NR
Lot (min ft.)
Area (s q. ft. ) 10,000 10,000 10,000 10 ,000
Width 100 100 100 100
Area p er Unit (s q. ft. )
Yard Setbacks (min ft.)
Front 25 25 25 25
Side (interior) 10 10 10 10
Side (street) 20 20 20 20
Rear 10 10 10 10
Waterfront 25 25 25 25
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Bulk (max)
Height (ft.) 45 70' or 5
stories
70' or 5
stories1
70' or 5
stories1
Building Coverage 45% 45% 45% 45%
1 70 feet or five stories subject to the underlying setbacks, or no height limit, except that height
of structures cannot exceed twice the least proposed yard setback. The option for height limit
must be determined at the time of site work permits.
Table 118.2.1.I. Residential Density in Commercial Districts
MULTI-FAMILY / TOWNHOUSE NC CG CI CI-NR
Density (max units / acre)
Permitted b v -ril:!h.t 16 25 40 0
Additional Density [through] the
conditional use p rocess1 .
0
1. The maximum density is determined by the underlying Future Land Use designation
Note: See Tables 118.2.1.E and F, RM-16 standards for townhomes and multifamily residential
dimensional requirements.
SECTION 3. The City Code of the City of Fort Myers, Florida, Sub-Part
B, Land Development Code Chapter 118 Land Use Regulations, Article 3 Supplementary
Regulations, Section 118.3.3. Use Standards, is hereby amended to read as follows:
Sec. 118.3.3. Use Standards
C. Commercial use standards
[Subsection 1-9 remain unchanged]
10. Vehicle sales, lease, or rental
a. Applicability. Except as otherwise provided in this section, these
regulations shall apply to any business or use operating in the City
which provides an outdoor public display for the sale, lease, or
rental of new or used automotive vehicles in areas other than
designated parking spaces.
b. Definitions. The following words, terms and phrases, when used in
this section, shall have the meanings ascribed to them in this
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ORDINANCE NO. 4000
subsection, except where the context clearly indicates a different
meamng:
1) Vehicle display area means the area outside a building where
a business displays vehicles that are available for sale, lease,
or rent to the public, and not located in approved parking
spaces.
2) Vehicle display area buffer means the area between a vehicle
display area and a street where vehicles may not be displayed
and where landscaping is required.
3) Vehicle sales, lease, or rental agency means a business
where new or used automobiles, trucks, recreational
vehicles, (i.e., motorcycles, boats, trailers, campers, or
similar vehicles and equipment) are displayed for sale, lease,
or rent to the public. This section does not apply to
agricultural, construction equipment or vehicles designated
class 7 or higher, or businesses or uses within the IL and IH
zoning districts.
4) Lawfully existing means a business or use regulated under
this section which has a valid city business tax receipt and
Florida Department of Motor Vehicles motor vehicle's dealers
license, and any other applicable licenses and/or approvals
for a particular site as of May 7, 2018.
c . Dimensional requirements. All businesses subject to this section
shall have a minimum lot area of one-half acre. However,
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businesses subject to this section on property less than one-half
acre under this section which was lawfully existing as of May 7,
2018 is granted nonconforming status and shall be considered a
legally nonconforming use pursuant to section 98.4.4. Status as a
legally nonconforming use shall expire if the operation ceases
consistent with section 98.4.4.
d. Standards. All businesses subject to this section shall comply with
the following prior to issuance of a business tax receipt (existing
businesses shall comply within 18 months of the effective date of
this ordinance, unless otherwise specified below):
1) Provide an accurate sketch of the site that includes the
following (Except for existing businesses with previously
approved and active site plans or site work permits shall not
be required to submit the site sketch):
i) The sketch shall be drawn to scale and show the entire
parcel being used by the vehicle sales, rental, or
leasing agency.
ii) The sketch shall include the acreage and dimensions
of the lot; location of the designated vehicle display
area; location and dimensions of the landscape buffer;
location and dimensions of all structures; and location
and dimensions of customer parking spaces.
2) Vehicles on display are prohibited from being located on any
sidewalk, right-of-way, on or in any required buffer yard,
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3)
4)
5)
6)
display area buffer, designated customer parking, or
emergency access aisle.
Customer parking shall be prominently identified with
signage.
Parking spaces for display vehicles shall be a minimum of
eight feet in width. Vehicles may be stacked as long as they
do not impede drive aisles or emergency access.
Lots less than one-half acre shall provide a minimum three
customer parking spaces and shall comply with the
handicapped parking requirements contained in chapter
134.
Landscape and buffer yard requirements shall be as follows:
i) Existing businesses lawfully operating as of May 7,
2018, and new businesses established on previously
developed sites shall provide a minimum landscape
buffer of five feet in width on all side and rear yards.
New businesses locating on previously undeveloped
sites shall provide a minimum landscape buffer of 15
feet on the front, side and rear of the property.
In lieu of a landscape buffer, the street frontage on
previously developed sites may contain a physical
barrier between the vehicle display or customer
parking area and the sidewalk or road. The physical
barrier shall consist of a landscape hedge, bollards,
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fence, or other barrier to distinguish the auto sales
establishment operation from the right of way.
ii) Trees shall be planted in the vehicle display area
buffer in accordance with chapter 138 requirements
for trees, including trees in buffer yards and street
trees along designated corridors. Trees may be
clustered with approval of community development
director. Lots less than one-half acre shall be exempt
from this requirement.
iii) Shrubs shall be provided within the required
landscape buffer and shall be a minimum of 24 inches
in height at time of planting, a minimum of a three
gallon size container, and be spaced 18 to 24 inches
on center. Shrubs used for screening must be at least
36 inches in height by one year after installation and
maintained in perpetuity at said height. Shrubs
located within the site visibility triangle shall be
maintained at a maximum 24 inches to allow visibility
at intersections.
iv) The following is a list of plant alternatives considered
drought resistant that require the least amount of
irrigation. A drip irrigation system shall be required
with the installation of the new landscaping. The
required shrubs are encouraged to be selected from
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ORDINANCE NO. 4000
one (or more) of the following drought-resistant
species with spacing as follows:
1) Coco plum;
2) Firebush;
3) Simpson Stopper;
4) Orange jasmine; and/or
5) Viburnum suspensum.
v) Shrubs shall not be pruned vertically lower than 30
inches above the ground.
vi) Ground cover shall be a drought-resistant species and
planted every 12 to 18 inches on center. Sod shall be
prohibited in vehicle display area buffers, except
where buffer is greater than ten feet in depth.
7) In accordance with F.S. § 320.27(3), demonstrate that the
location provides an adequately equipped office and is not a
residence; that the location affords sufficient unoccupied
space upon and within which adequately to store all motor
vehicles offered and displayed for sale, rent or lease.
e. Deviations and variances. Deviations and variances shall be
permitted in accordance with the following:
1) Where physical constraints make compliance impossible, an
administrative variance may be granted by the community
development director or designee.
2) Previously approved deviations or variances for existing
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ORDINANCE NO. 4000
vehicle sales agencies in operation at the effective date of this
ordinance shall remain in effect.
3) Where the applicant believes to be aggrieved by the decision
of the community development director, such appeal shall be
taken not more than 30 days from the date of the decision of
the community development director, by filing with the
community development director a notice of appeal on forms
provided by the city. Every appeal shall refer to the specific
provision involved and shall set forth the interpretation that
is claimed. Within 30 days of receipt of the notice of appeal,
the city council shall, at a public meeting, determine reverse
or affirm wholly or partly, or may modify the order,
requirement, decision or determination appealed from and
may make such order, requirement, decision or
determination as ought to be made; and to that end, shall
have the power of the community development director from
whom the appeal is taken.
SECTION 4. The City Code of the City of Fort Myers, Florida, Sub-Part B,
Land Development Code, Chapter 118 Land Use Regulations, Article 3 Supplementary
Regulations, Section 118.3.5. Temporary or Mobile Uses and Structures, is hereby
amended to read as follows:
[Subsections A-E remain unchanged]
F. Permitted temporary or mobile facilities. The following temporary or
mobile facilities may be permitted in accordance with the following criteria.
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ORDINANCE NO. 4000
1. Food vending carts and trucks not used in conjunction with a
permitted temporary use or event. All food vending carts or trucks
must be approved by the county health department. Approval by the
county health department must be submitted to the director, as well
as compliance with the following conditions, prior to issuance of an
occupational license:
a. Applicability. Food vending carts or trucks are permitted in the
CG, CI, IL, and IH districts.
b. Notarized letter. The applicant shall provide a notarized letter from
the property owner giving permission for the use of the property.
c. Code compliance.
1) All food vending carts, trucks, vans and trailers shall be built
in compliance with all applicable codes and shall be located
in an area which does not detract in any way from visibility
at intersections, block or cause blockage of any driveway, fire
lane or fire hydrant, or cause any parking problem affiliated
with any usage or patronage of the food vending cart, truck,
van or trailer.
2) The fire marshal shall inspect a temporary food vending cart,
truck, van or trailer prior to issuance of the business tax
receipt. The temporary food vending cart, truck, van or trailer
shall be maintained in working order and shall not create an
adverse view or vista.
d. Site plan required.
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ORDINANCE NO. 4000
1) A site plan shall be submitted showing the layout of the area,
including the location of food vending carts, trucks, vans,
trailers, parking spaces, aisle ways for pedestrians and any
seating area. All carts, trucks, vans or trailers shall be
located on an approved surface. The dimensions for setbacks
shall be determined by the Community Development
Director depending on the district site where the vending
cart, van or trailer is to be located.
2) All temporary food vending carts, trucks, vans or trailers
shall be located in areas which do not detract in any way
from visibility at intersections, block or cause obstruction to
any driveway, fire lane, or fire hydrant, or cause any parking
problem affiliated with any usage or patronage of the food
vending cart.
e. General requirements.
1) Support equipment and accessories, excluding tables and
chairs, shall not extend more than ten feet from the eege
perimeter of the food vending cart, truck, van, or trailer, in
any direction.
2) No temporary food vending cart, truck, van or trailer shall be
placed within public rights-of-way.
3) Food vending carts, trucks, vans or trailers are temporary in
nature, vesting no permanent rights, and the license to
operate may be revoked for any reason by the community
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ORDINANCE NO. 4000
development director upon 30 days notice or without notice
if the cart poses a health safety or welfare violation. The
license may be revoked for a violation of any provision of this
section or other applicable regulations.
4) Responsibility for sanitary facilities for employees' rests with
the business tax receipt holder.
f. Movement of facility. If a food vending cart, truck, van or trailer
is moved from either its designated place of business or its
designated place of storage, the operator must notify the fire
marshal in writing. In addition, a satisfactory inspection is required
for the new location, including payment of any required fees for an
inspection at the newly designated place of business and for an
inspection at the newly designated place of storage.
g. Transfer of permit. Permits will be issued for individual carts,
trucks, vans or trailers at specified locations and will be
nontransferable. Change in ownership of a cart, truck, van or
trailer, or location shall require the owner to apply for a new permit.
Permits and licenses are issued to individual temporary food
vending carts, vans or trailers for specific locations and are not
transferable.
h. Number. There shall be no more than one temporary food vending
cart, truck, van or trailer located within 300 feet of another
temporary food vending cart, van or trailer. No individual temporary
food vending cart, truck, van or trailer shall exceed 400 square feet
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ORDINANCE NO. 4000
in size.
i. Signage. Advertising signs may be permitted upon the temporary
food vending cart, truck, van or trailer and not on the sidewalk or
street area.
j. Alcohol. No alcoholic beverages are to be sold or consumed from
temporary food vending carts, trucks, vans or trailers.
[Subsections F.2-4 remain unchanged]
5 On-site temporary buildings or structures, and mobile offices.
a. Temporary buildings or structures, or mobile offices required for a
construction project of any kind shall be permitted in every district
on the same site where the new project is located, provided that
such buildings or structures shall be removed from the site
immediately upon completion of the project. Mobile offices required
for a construction project may be permitted off-site where it can be
demonstrated there is no room at the site of the construction. Off
site mobile offices shall be screened from adjacent properties in
accordance with section 118.3.6.
b. Accessory structures such as mobile homes or offices shall be
permitted in conjunction with a temporary use the duration of the
temporary use for office purposes. Use of accessory structures for
living purposes is prohibited. Any such office use shall require
toilet facilities, with a signed maintenance contract.
c. Temporary storage containers, not to exceed 200 square feet, may
be located on an improved single-family or duplex property for a
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maximum of 30 days, or for the duration of an applicable building
permit. In no instance shall a temporary storage container be on
a single-family or duplex property for more than six months unless
approved by the community development director or their
designee.
[Subsections F.6 and 7 remain unchanged]
SECTION 5. The City Code of the City of Fort Myers, Florida, Sub-Part B,
Land Development Code, Chapter 118 Land Use Regulations , Article 3 Supplementary
Regulations, Section 118.3.6. Reserved, is hereby amended to read as follows:
Sec. 118.3.6 Construction site screening
a. All construction sites and/or staging areas shall be screened along
all yards with a six-foot high chain link fence with green, black or
brown mesh screening. The mesh screening may consist of artistic
panels that do not contain any type of advertising or verbiage except
for the project identification sign as provided in chapter 126. This
requirement may be waived by the community development director
if it can be demonstrated that the construction activity will not
exceed a duration of 30 days.
b. Notwithstanding section 126-10, prohibited signs, project
identification signage may be allowed on the temporary fencing and
screening of the construction site.
SECTION 6. The City Code of the City of Fort Myers , Florida, Sub-Part B,
Land Development Code, Chapter 118 Land Use Regulations , Article 3 Supplementary
Regulations, Section 118.3.8. Fences and walls, is hereby amended to read as follows:
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Sec. 118.3.8 Fences and Walls
An application for a fence permit shall be submitted to the city. Fences and fence
walls may be permitted under the following regulations:
A. The use of barbed or electric wire is prohibited in all districts except
industrial districts and below a height of six feet. Razor wire is expressly
prohibited in all districts, with the exception of correctional facilities.
B. All fences, walls, and hedges shall comply with section 134.2.21. Site
Distance/Visibility at Intersections. Permitted fences within the defined
area for visibility at intersections must be 70 percent open between a
height of two feet and nine feet above the centerline grades of intersecting
streets.
C. The use of slats or fabric on chain link fencing is not permitted, with the
exception of dumpster enclosure gates.
D. Fencing type utilized for the front yard shall be one uniform type of
material, style and color. In the case of a comer lot, both street frontages
shall be considered the front yard and subject to this requirement. The
variety of fencing types in all districts is limited to three different types per
parcel.
E. Picket fences may be as tall as 42 inches maximum height above average
ground level , provided they have a uniform void or open area of 50 percent
when viewed perpendicular to the fence.
F. Chainlink and wire fencing: All of the following regulations apply to
chainlink fencing.
1. Chainlink and wire fencing is prohibited in the front yard and on
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corner lots where the side is adjacent to a street in any residential
zoning district.
2. Fencing around sports courts (i.e., tennis courts, basketball courts,
baseball courts, volleyball courts, etc.) shall be exempt from the
height limitations of this section.
3. All chainlink fences (including all poles, rails, gates, supports and
the like), except those used by single-family dwellings and
industrial uses, shall be green, brown or black plastic or vinyl
coated material only.
4. On waterfront property, chainlink fences may extend to the seawall
and project up to three feet beyond.
G. Opaque fences or walls shall comply with the front yard and/or side
(street) yard for the district in which they are located; excluding industrial
districts which may have a 20-foot setback.
H. The maximum fence height is six (6) feet in residential districts and ten
(10) feet in commercial and industrial districts.
SECTION 7. The City Code of the City of Fort Myers, Florida, Sub-Part B,
Land Development Code, Chapter 118 Land Use Regulations, Article 8 Smart Code,
Section 118.8.5. Zoning District Regulations, is hereby amended to read as follows:
Sec. 118.8.5 Zoning District Regulations.
A. Applicable to all zoning districts
[Subsections A. 1-5 remain unchanged]
6. Parking design standards in general
a. Parking shall be located within the second and third layers.
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b. Parking lots abutting residential uses shall be secured by a
combination of a solid six-foot wall of masonry or other
materials as approved by the director, with four shade trees
and 25 shrubs every 100 linear feet. Wood fencing is
discouraged.
c. Parking structures must be designed to be compatible with
the overall design of the project and may not resemble
typical parking structures.
d. New surface parking areas shall provide landscaping as
follows:
1. A 10-foot landscape buffer yard shall be provided
along any property line abutting a road-right-of-way.
The buffer yard shall consist of 4 shade trees and 33
shrubs per 100 linear feet of frontage.
2. New and expanded surface parking areas shall comply
with the regulations contained in Sec. 138-41(a).
[Subsections A. 7-12 remain unchanged]
SECTION 9. Severability. Should any section or provision of this
Ordinance or any portion thereof, any paragraph, sentence, or word be declared by a
court of competent jurisdiction to be invalid, such decision shall not affect the validity
of the remainder hereof as a whole or part thereof other than that part declared to be
invalid.
SECTION 10. Effective Date. This ordinance shall become effective
immediately upon adoption.
23
.
T-,t\lT .
l_l/ ..J..J_ __i__ \ I
ORDINANCE NO. 4000
PASSED IN PUBLIC SESSION of the City Council of the City
of Fort Myers, Flori::ton DJ;:2v ~JL J
Teresa Watkins Brow xl//';O :
t\) l ( ,/ /4/-
Prye
Terolyn P. Watson
Fred Burson
h ----------
Darla Bonk
Councilpersons
APPROVED on December 4, 2023.
Kevin B. Anderson
Mayor
FILED in the Office of the City Clerk December 4, 2023 .• ,~ ~Q;,Jc_
Gwen Carlisle, MMC
City Clerk