by SC Reporter Emilie Alfino
Five items were on the agenda at City Council’s July 30, 2025, meeting for discussion and first readings. They were all unanimously approved to move forward for second readings and public hearings at 9:10 at the Council’s August 19 meeting.
Alternative Shoreline Stabilization Project Standards.
This ordinance will rename “Alternative Shoreline Stabilization Projects” to “Living Shoreline Stabilization Projects,” clarify existing requirements, and provide an administrative process for amendments to permitted projects.
Council member John Henshaw said there are no new requirements and that this is just educational. A short-form application will suffice after the completion of a project, if there are revisions, he added.
“Our fees are discouraging people from applying,” said Council member Richard Johnson. “We want to change that.”
As this ordinance worked its way through the Land Development Code Review Subcommittee and then the Planning Commission, Planning Department Senior Planner Kim Ruiz said the Commission wanted to make sure neighboring properties were made aware of project applications.
The proposed amendments will improve resiliency with living shoreline stabilization projects, ensure appropriate design for the specific site conditions, and allow adaptive management of permitted projects to provide long-term resiliency under changing site conditions.
Deadlines to Re-establish a Nonconforming Use or Structure.
This ordinance amends two sections of the Land Development Code to extend the deadline to re-establish nonconforming structures to four years should the state of local emergency extend beyond one year.
The limitation “beyond one year” rather than “beyond six months” for the four-year deadline was added to restrict the availability of the extension to major disasters and to reduce potential unintended consequences of an extended deadline.
Nonconforming uses are those that were lawful when established but are no longer permitted within the zone in which they are located; nonconforming structures are those that were lawful when constructed but no longer comply with required development standards.
The code currently allows nonconforming uses and structures to be rebuilt if destroyed by a natural disaster within three years if the state of local emergency exceeds six months. This ordinance extends that deadline to December 15, 2026. A completed application must be submitted by that date.
Some comments from council members include Vice Mayor Holly Smith saying that people do still have the opportunity to apply for a variance.
Council member John Henshaw said, “I’m not comfortable extending this so we still have nonconforming properties into 2027 or 2028. I want them to act faster.” He did, however, vote in favor.
Council member Richard Johnson said, “This is good for the community and for the property owner. Property rights are very important in our community. We have a responsibility to make sure as many get to build back as possible. We need to encourage that. You can’t push people any faster than they’re able to move.”
On an interesting note, the city is still in a state of emergency from Hurricane Ian. After Hurricane Irma in 2017, the city was in a state of emergency for seven days.
Permitted Uses in Upland Wetlands Zone.
Gulf Beach Condominium at 527 East Gulf Drive (14 units in one building, received a building permit in 1977), and Sandpiper Beach Condos at 1919 Olde Middle Gulf Drive (27 units in five buildings constructed in 1979.)
Multifamily development was initially prohibited entirely from the Upland Wetlands Zone. The Comprehensive Land Use Plan adopted in 1976 shows only two permitted residential uses: single-family detached dwellings and two duplexes. City staff have been unable to find any documentation that would explain how these two uses were permitted.
Hurricane Ian substantially damaged the Gulf Beach Condo and must be demolished. A demolition permit was issued on May 16, 2023; however, the building has not been demolished, and the property is currently for sale. The option to build back the Gulf Beach Condo will expire on December 15, 2026, by the ordinance passed at the Council’s July 30, 2025, meeting.
Council previously directed staff to create an exception that would allow the use of “multifamily building” for these two nonconforming properties, where the use was established after the city’s incorporation by city permit.
Traffic.
City Council agreed to amend the fines imposed for bicycles and other motorized devices. Council chose to amend the penalty for a second offense by increasing the number of days an offender has to pay a fine without being assessed an additional penalty from five days to 15 days, and reducing the additional penalty for late payment from $50 to $25.
* First offense = issued a written warning
* Second offense = civil penalty of $100 plus $10 filing fees if paid within 15 days of issuance; if paid after five days of issuance, civil penalty of $125 plus $10 filing fees
* Third offense = civil penalty of $350 plus $10 filing fee
* Fourth or subsequent offenses = civil penalty of $500 plus $10 filing fee
City of Sanibel Investment Policy.
The primary purpose of this amendment is to consolidate the required portfolios from four to one, making the program more efficient to manage. The move is expected to save the city between $5,000 and $10,000 a year. The city’s current investment portfolio totals approximately $38 million to $40 million.
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