by SC Reporter Emilie Alfino
A NOTE: Some matters first come before the Land Development Code Review Subcommittee before going to the full Planning Commission. If they then go before the City Council, there is one chance for the Council to have a full discussion of the issue. It then goes to “first reading.” Lately, these first readings have been held during the same meeting as the discussion, speeding up the process. After the first reading, the matter must go to a second reading and a public hearing, usually the following month. It is after this hearing that a matter will (or will not) become an ordinance, depending on the vote of Council.
Assessment Hearing Delayed.
The city postponed an assessment against 4650 Waters Edge to collect $25,500 for the cost of demolishing a dangerous structure to January 13, 2026, due to a typographical error in the Notice of Hearing.
Amending Provisions for Plats
This ordinance will change the Land Development Code to bring it into compliance with Florida State Law by establishing an administrative approval process for plats and replats as required by state law.
It also clarifies the roles and responsibilities of City staff and applicable reviewing bodies to promote consistency and efficiency, and provides updated terminology and references to improve readability and compliance.
Collectively, these updates ensure that the city’s subdivision regulations remain consistent with state law while maintaining appropriate oversight of the subdivision process.
Conditional Uses Extension Approved with Exception
Planning Commission reviewed a draft ordinance to extend the timelines at their meeting on November 18 and voted 4-3 to remove the administrative approval of conditional use permits associated with “eating places, restaurants, grocery stores, etc.,” from the extension.
The uses that were approved are: dock, boat davits, boat lifts, and mooring pilings; an alternative shoreline stabilization project; and a seawall as an accessory structure waterward of the existing seawall.
The ordinance, as presented, would extend the deadline for cases to be considered administratively, rather than going before the Planning Commission, to December 31, 2026. Second reading and hearing set for City Council’s January 13, 2026, meeting.
Waive Some Long-Form Development Permits
On October 21, 2025, the City Council considered extending the temporary allowances for short-form approval of certain types of conditional uses, which would otherwise expire on December 31, 2025.
The ordinance, as presented, would extend the code’s deadline to December 31, 2026. There were opportunities to expedite some applications by temporarily allowing staff review rather than requiring Planning Commission approval.
A long-form development permit was one of the applications discussed. Variances are still heard and approved by the Planning Commission; however, staff can approve any implementing development permit.
Waiver applications can be approved by staff under a similar proposal from the workshop, along with, under this amendment, any implementing development permit.
Conditional uses are still heard and approved by the Planning Commission, with limited exceptions, but staff can approve the implementing development permit.
Planning staff can approve these long-form development permit applications for a limited time period – through December 31, 2026.
All the standards of review still apply. Second reading and hearing set for City Council’s January 13, 2026, meeting.
Expediting Review of Waiver Applications
City Council and the Planning Commission have previously discussed possible amendments to the Sanibel Code to assist redevelopment post-disaster.
For example, are there opportunities to expedite some applications by temporarily allowing staff review rather than requiring Planning Commission approval?
The five types of waivers are:
(1) The design specifications for off-street parking spaces and loading areas
(2) The installation, location, numbers, types, size, and variety specified for commercial vegetation buffers and landscaping
(3) 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
(4) 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
(5) Increase in the number of ingress/egress driveways to any of the commercially zoned properties that will enhance safety and traffic circulation.
The draft ordinance would extend the allowance for administratively approving waiver applications for a limited period (through December 31, 2026). All the standards of review would still apply. Second reading and hearing set for City Council’s January 13, 2026, meeting.
Electrical and Mechanical Equipment
This ordinance expands the administrative deviation to apply to solar energy system components, as well as HVAC units and emergency electrical power generators, allowing flexibility in determining the minimum necessary size for each improvement.
It maintains the June 7, 2022, implementation date in the code for HVAC units and emergency electrical power generators. (This avoids the necessity for a referendum regarding increasing the allowable developed area).
It establishes a new implementation date for solar energy system components. It provides an administrative deviation from limitations on impermeable coverage, vegetation removal, developed area, or required setbacks for improvements that require a platform/stairs for electrical or mechanical equipment.
These amendments support renewable energy adoption by making it easier to install solar batteries and associated equipment and by simplifying permitting through the administrative deviation process.
The revisions also enhance clarity and consistency by providing clear definitions, expanding the scope to accommodate evolving technologies and equipment needs, and streamlining requirements to make code compliance more straightforward for both applicants and staff.
Second reading and hearing set for City Council’s January 13, 2026, meeting.
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