by SC Reporter Emilie Alfino
In addition to the hearing regarding an e-bike ordinance, there were six additional hearings held.
Conditional Use Permit
This has been in use since the City’s incorporation. At this time, it affects only Bailey’s General Store and the Chevron station.
A conditional use is defined as a use permitted in a particular zoning district only upon a showing that it will comply with the conditions and standards for the location or operation.
The draft ordinance includes the following changes:
• Allow approval of “Eating places, restaurants, grocery stores, etc.” as short-form applications (i.e. staff review only). This allowance would automatically sunset in one year.
• Provide an exemption for businesses that have been in existence since the city’s incorporation from obtaining otherwise required conditional use permits if re-establishing in the
• Amends the general requirements for conditional use applications to presume that conditional uses have no greater traffic impacts than permitted uses.
In addition to these changes, an appeal process was added. A provision for giving notice three different ways was also added: via Constant Contact, as an alert to those living within a 300-radius, and on the Planning Commission agenda. This will expedite the build back on the island. The deadline was shortened to December 31, 2024. This passed 4-0 with Mayor Richard Johnson recused.
Non-Conforming Uses
This proposal would extend the time frame for re-establishing non-conforming use from 24 months to 36 months following a disaster beyond six months. This deadline extension was retained, to December 15, 2025, in total a three-year extension. “Sanibel is very fortunate to have a build back provision, never knowing we would need it to this degree,” said Councilmember Holly Smith.
A nonconforming use is defined as “a lawfully established use located in a zone district restricted against such use.” Examples of nonconforming uses that are subject to the deadline are:
• VIP Cottage (formerly) – 2000 Periwinkle Way (commercial use not in a commercial district)
• John Gee Realty – 2807 West Gulf Drive (commercial use not in a commercial district)
• Sandbar Restaurant – 2761 West Gulf Drive (commercial use not in a commercial district)
A nonconforming structure means “a lawfully constructed building or structure which does not conform to the minimum or maximum requirements for such structure in the zone district in which it is located, including any structure located within a required setback or on a lot or parcel which is developed in excess of permitted impermeable surface coverage, developed area, residential density, or commercial floor area.” Many commercial buildings constructed prior to incorporation of the city are nonconforming structures.
Examples of nonconforming structures:
• Chevron Station – 1067 Bailey Road
• Lazy Flamingo (east end) – 1036 Periwinkle Way
• Lazy Flamingo/Sunset Grille – 6520 Pine Avenue
• Duplexes not in conformance with density – various locations
“Obviously when you look around this island, a lot of properties need more time,” said Councilmember Laura DeBruce.
Councilmember John Henshaw asked, why 12 months? “We can’t just keep extending. How about six months?”
Smith said, “We thought we’d be further along after 24 months.” She expressed strong support for the 12-month extension. “They deserve that extra time,” she said. “I don’t think another 12 months is going to hurt anyone, so they can build back what they had. I see this 12 months as another very fair step.”
“I don’t see a down side,” Vice Mayor Mike Miller agreed.
This passed by unanimous vote.
Long-Form Application
The Sanibel Code establishes two types of development permits – short-form, which are approved by staff, and long-form, which require approval by the Planning Commission.
Staff proposed, which City Council approved, three types of long-from development permits for staff review and approval:
(1) All applications for development which require a variance or waiver.
(2) All applications for development requiring conditional use permits.
(3) 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.
Variances would still be heard and approved by Planning Commission; however, any implementing development permit could be approved by staff.
This was unanimously adopted as presented.
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