by SC Reporter Emilie Alfino
Sanibel City Council discussed draft ordinances regarding (1) placement of fill, (2) height limitation exceptions, and (3) conditional use permits.
All three ordinances will come before the council for a first reading at a special meeting of council at 1 p.m. on April 17 at BIG ARTS. They will proceed to a second reading and public hearing at the May 6 regularly scheduled council meeting, greatly speeding up the time for these ordinances to be considered. (A workshop will be held on April 17 following the special council meeting.)
All draft legislation was approved unanimously by council to move forward in accordance with their discussions to a first reading on April 17.
Placement of Fill. The proposed amendments will resolve the concern that the current policy could result in some garages being more susceptible to flooding, bring the code more in compliance with the Florida Building Code, and be consistent with federal floodplain management policy. These benefits are in compliance with City Council’s strategic goal of “Community Resiliency.” Further, the proposed amendment provides for more flexibility in administering the limitation on fill and clarifies how fill is calculated towards developed area limitations. The Florida Building Code also limits fill to no more than 24 inches. Staff finds the proposed amendment to be more permissive and not more restrictive than the existing policy.
Height Limitation Exception. This is consideration of an amendment establishing a height exception for build-back (reconstruction or elevation) of a lawfully existing nonconforming structure substantially damaged by a natural disaster that will:
• Codify existing policy that provides a height exception when reconstruction or elevation of a nonconforming structure, as necessary to comply with minimum flood elevation requirements, conflicts with maximum height or angle-of-light limitations.
• Adopt an additional height exception, for the purpose of increased resiliency from potential storm surge, to allow the height of the lowest habitable floor of a nonconforming structure to be elevated up to 10 feet above existing grade and exceed applicable height limitations proportionally.
Conditional Uses. In the event of a declared state of local emergency extending beyond six months, some conditional uses may be approved as short-form applications not requiring approval by the Planning Commission. Notice of the filing of the application for a conditional use to be approved as a short-form application will be included within Planning Commission agenda materials, distributed through the city’s email notification service, and mailed to the property owners of any lands abutting or within 300 feet of the subject property at least 14 days prior to the issuance of the conditional use permit. The applicant or any member of the public may request an application be considered by the Planning Commission. Appeals to a final decision by staff may be filed. The allowances of this provision will extend to processing and approval of applications received up to 30 days after the termination of the state of local emergency. This provision will automatically sunset on December 31, 2025.
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