by SC Reporter Emilie Alfino
The Sanibel City Council discussed an ordinance at its June 2, 2026, meeting that would allow a limited exception to height limitations for elevation of existing structures – up to 10 feet above grade without regard to height limitations.
This ordinance has been discussed several times, first coming up in February 2026, and Council members passed it unanimously (4-0, with Council member Holly Smith excused).
Last year, an ordinance was adopted to address the reconstruction of structures substantially damaged by a natural disaster, in accordance with floodplain management standards. The ordinance applies to:
a. When reconstruction or elevation of a nonconforming structure to comply with minimum flood elevation requirements does not conform or increases the degree of nonconformity with applicable height standards; or
b. For the purpose of resiliency from potential future storm surge, the height of the lowest habitable floor of a nonconforming structure may be elevated up to 10 feet above existing grade and exceed applicable height limitations proportionally, including any angle of light restrictions.
At the February 24, 2026, Land Development Code Review Sub-Committee meeting, staff explained that homeowners are pursuing permits to elevate ground-level homes that were not substantially damaged by a natural disaster but wish to elevate for resiliency purposes and to comply with FEMA regulations and the Florida Building Code. Some of these structures are proposed to be elevated above the required flood elevation, which may result in nonconformance with applicable height standards, including angle-of-light requirements.
Staff recommended allowing up to 10 feet above grade for nonconforming structures, even where 10 feet above grade exceeds the required design flood elevation, and allowing height limitations to be exceeded proportionally, including angle-of-light requirements. Staff found that allowing these elevations furthers the City’s resiliency goals, provided they meet the required FEMA flood elevation and comply with the Florida Building Code.
The ordinance was passed unanimously, with Council member Holly Smith absent.


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