AN ORDINANCE AMENDING CHAPTERS 1, 2, 6, 14, 22, AND 26 OF THE TOWN OF FORT MYERS BEACH LAND DEVELOPMENT CODE; PROVIDING AUTHORITY; REPEALING CHAPTERS 1, 14, 22, AND 26 OF THE TRANSTIONAL LAND DEVELOPMENT REGULATIONS; REPEALING APPENDICES A, B, C, D, E, F, G, I, J, AND K OF THE TRANSITIONAL LAND DEVELOPMENT REGULTIONS; REPEALING ORDINANCE 00-10, BEACH AND DUNE ORDINANCE; ADOPTING A NEW CHAPTER 1 OF THE LAND DEVELOPMENT CODE WHICH PR0VIDES SEC. 1-1 DESIGNATION AND CITATION OF LAND DEVELOPMENT CODE, SEC. 1-2 RULES OF CONSTRUCTION AND DEFINITIONS, SEC. 1-3 CATCHLINES OF SECTIONS, HISTORY NOTES, CROSS REFERENCE, STATE LAW REFERENCES, REFERENCES TO CHAPTERS, SECTIONS OR ARTICLES, SEC. 1-4 EFFECT OF REPEAL OF ORDINANCES, SEC. 1-5 GENERAL PENALTY, CONTINUING VIOLATIONS, SEC. 1-6 ENFORCEMENT OF LAND DEVELOPMENT CODE, SEC. 1-7 SEVERABILITY OF PARTS OF LAND DEVELOPMENT CODE, SEC. 1-8 PROVISIONS CONSIDERED CONTINUATION OF EXISTING ORDINANCES, SEC. 1-9 EFFECT OF LAND DEVELOPMENT CODE ON PRIOR OFFENSES, PENALTIES AND RIGHTS, SEC. 1-10 ORDINANCES NOT AFFECTED BY LAND DEVELOPMENT CODE, SEC. 1-11 FORT MYERS BEACH COMPREHENSIVE PLAN, SEC. 1-12 EDITOR’S NOTES, SEC. 1-13 AMENDMENTS TO LAND DEVELOPMENT CODE, SEC. 1-14 SUPPLEMENTATION OF LAND DEVELOPMENT CODE; AMENDING CHAPTER 2 OF THE LAND DEVELOPMENT CODE WHICH PROVIDES SEC. 2-303 INTENT AND PURPOSE OF ARTICLE, SEC. 2-304 DEFINITIONS AND RULES OF CONSTRUCTION, SEC. 2-306 COMPUTATION OF AMOUNT, SEC. 2-307 PAYMENT, SEC. 2-309 TRUST ACCOUNTS, SEC. 2-310 USE OF FUNDS, SEC. 2-311 REFUND OF FEES PAID, SEC. 2-312 EXEMPTIONS, SEC. 2-313 CREDITS, SEC. 2-315 ENFORCEMENT OF ARTICLE, PENALTY, FURNISHING FALSE INFORMATION; AMENDING CHAPTER 6 OF THE LAND DEVELOPMENT CODE WHICH CHANGES SEC. 6-405 DEFINITIONS, SEC. 6-406 PENALTY FOR VIOLATION OF ARTICLE, SEC. 6-444 VARIANCES, SEC. 6-472 SPECIFIC STANDARDS, SEC. 6-473 REPEATED DAMAGE BY FLOODING; ADOPTING A NEW CHAPTER 14 OF THE LAND DEVELOPMENT CODE WHICH PROVIDES Article I Beach and Dune Management, SEC. 14-1 DEFINITIONS, SEC. 14-2 PURPOSE AND INTENT, SEC. 14-3 DESTRUCTION OR DIMINISHMENT OF DUNE OR BEACH SYSTEM, SEC. 14-4 TRASH AND LITTER ON THE BEACH, SEC. 14-5 BEACH FURNITURE AND EQUIPMENT, SEC. 14-6 BEACH RAKING AND WRACK LINE POLICY, SEC. 14-7 VEHICULAR TRAFFIC ON THE BEACH, SEC. 14-8 DUNE SYSTEMS, SEC. 14-9 ENFORCEMENT, SEC. 14-10 RESTORATION STANDARDS FOR DUNE VEGETATION ALTERATION VIOLATIONS, SEC. 14-11 SPECIAL EVENTS ON THE BEACH, Article II Sea Turtle Conservation, SEC. 14-71 PURPOSE AND APPLICABILITY, SEC. 14-72 DEFINITIONS, SEC. 14-73 ENFORCEMENT, PENALTY, SEC. 14-74 EXEMPTIONS, SEC. 14-75 EXISTING DEVELOPMENT, SEC. 14-76 NEW DEVELOPMENT, SEC. 14-77 PUBLICLY OWNED LIGHTING, SEC. 14-78 ADDITIONAL REGULATIONS AFFECTING SEA TURTLE NESTING HABITAT, SEC. 14-79 GUIDELINES FOR MITIGATION AND ABATEMENT OF PROHIBITED ARTIFICIAL LIGHTING, Article III Southern Bald Eagle Protection, SEC. 14-111 PURPOSE, SEC. 14-112 DEFINITIONS, SEC. 14-113 VIOLATION & PENALTY, SEC. 14-114 PROVISIONS SUPPLEMENTAL, SEC. 14-115 APPLICABILITY, SEC. 14-116 EAGLE TECHNICAL ADVISORY COMMITTEE, SEC. 14-117 PUBLIC ACQUISITION OF RIGHTS AND INTEREST IN CRITICAL EAGLE NESTING HABITAT LANDS, SEC. 14-118 NOTIFICATION PROCEDURE, SEC. 14-119 MECHANISMS FOR THE PROTECTION OF CRITICAL EAGLE NESTING HABITAT, SEC. 14-120 COMPENSATION INCENTIVES FOR PROTECTION OF CRITICAL EAGLE NESTING HABITAT, Article IV Wetlands Protection, SEC. 14-291 APPLICABILITY, SEC. 14-292 PURPOSE, SEC. 14-293 DEFINITIONS, SEC. 14-294 PROHIBITED ACTIVITIES, SEC. 14-295 PERMITTED ACTIVITIES, SEC. 14-296 PERMITS REQUIRED, SEC. 14-297 COMPLIANCE ENFORCEMENT, Article V Tree Protection, SEC. 14-372 FINDINGS OF FACT, SEC. 14-373 INTENT AND PURPOSE, SEC. 14-374 DEFINITIONS, SEC. 14-375 PENALTY FOR VIOLATION, SEC. 14-376 EXEMPTIONS, SEC. 14-377 INDIGENOUS VEGETATION, SEC. 14-378 SUSPENSION OF ARTICLE DURING EMERGENCY CONDITIONS, SEC. 14-379 NONLIABILITY OF TOWN, SEC. 14- 380 LIST OF PROTECTED TREES, SEC. 14-381 UNLAWFUL INJURY OF TREES, SEC. 14-382 REMOVAL OF PROTECTED TREES, SEC. 14-383 TREE PROTECTION DURING DEVELOPMENT OF LAND, SEC. 14-384 RESTORATION STANDARDS, SEC. 14-411 PERMIT REQUIRED, SEC. 14-412 ISSUANCE OF PERMIT, Article VI Mangrove Enforcement, SEC. 14-451 PURPOSE AND INTENT, SEC. 14-452 DEFINITIONS, SEC. 14-453 ENFORCEMENT, SEC. 14-454 RESTORATION STANDARDS, SEC. 14-455 PERMIT REQUIRED, SEC. 14-456 CONFLICTING PROVISIONS; ADOPTING A NEW CHAPTER 22 OF THE LAND DEVELOPMENT CODE WHICH PROVIDES Article I In General, SEC. 22-1 PURPOSE, SEC. 22-2 APPLICABILITY, SEC. 22-3 DEFINITIONS, SEC. 22-4 PENALTY, Article II Administration And Enforcement, Division 1 Generally, SEC. 22-42 APPEALS, Division 2 Historic Preservation Board, SEC. 22-71 GENERAL AUTHORITY, SEC. 22-74 POWERS AND DUTIES, Division 3 Certificate Of Appropriateness, SEC. 22-101 REQUIRED, SEC. 22-102 REGULAR CERTIFICATE OF APPROPRIATENESS, SEC. 22-103 SPECIAL CERTIFICATE OF APPROPRIATENESS, SEC. 22-104 DEMOLITION, SEC. 22-105 MOVING PERMITS, Division 4 Archaeological Sites, SEC. 22-106 ARCHAEOLOGICAL SITES, Article III. Designation Of Historic Resources And Districts, Division 2 Incentives, SEC. 22-171 FINANCIAL ASSISTANCE, SEC. 22-172 NOMINATION TO NATIONAL REGISTER OF HISTORIC PLACES, SEC. 22-173 RELIEF FROM BUILDING REGULATIONS, SEC. 22-174 RELIEF FROM ZONING AND DEVELOPMENT REGULATIONS, SEC. 22-175 VARIANCES FROM FLOODPLAIN REGULATIONS, Division 3 Designation Procedure, SEC. 22-201 INITIATION OF DESIGNATION PROCESS, SEC. 22-202 DESIGNATION REPORT, SEC. 22-203 REQUIRED NOTICES & ACTION BY HISTORIC PRESERVATION BOARD, SEC. 22-204 CRITERIA FOR DESIGNATION, SEC. 22-205 AMENDMENT OR WITHDRAWAL OF DESIGNATION, Article IV Maintenance And Repair Of Premises, SEC. 22-241 ORDINARY MAINTENANCE AND REPAIR, SEC. 22-242 CORRECTION OF DEFICIENCIES GENERALLY, SEC. 22-243 UNSAFE STRUCTURES, SEC. 22-244 EMERGENCY WORK, SEC. 22-245 DEMOLITION BY NEGLECT; ADOPTING A NEW CHAPTER 26 OF THE LAND DEVELOPMENT CODE WHICH PROVIDES Article I In General, SEC. 26-1 ENFORCEMENT AND PENALTIES, Article II Docks And Other Shoreline Structures, Division 1 Generally, SEC. 26-41 DEFINITIONS, SEC. 26-43 APPLICABILITY, SEC. 26-44 COMPLIANCE WITH OTHER APPLICABLE REGULATIONS, SEC. 26-45 PERMITS REQUIRED, SEC. 26-46 VARIANCES, SEC. 26-47 EXEMPTION FROM SETBACK REQUIREMENT, SEC. 26-48 NONCONFORMING MARINE STRUCTURES, Division 2. Location And Design, SEC. 26-71 DOCKS AND BOAT RAMPS, SEC. 26-72 DOCK BOXES, SEC. 26-73 FISHING PIERS OR OBSERVATION DECKS, SEC. 26-74 BOATHOUSES, SEC. 26-75 SEAWALLS AND RETAINING WALLS GENERALLY, SEC. 26-76 SEAWALLS AND RETAINING WALLS ALONG ARTIFICIAL WATER BODIES, SEC. 26-77 SEAWALLS AND RETAINING WALLS ALONG NATURAL WATER BODIES, SEC. 26-78 RIPRAP REVETMENT, SEC. 26-79 PROTECTION OF VEGETATION DURING CONSTRUCTION, SEC. 26-80 TURBIDITY, SEC. 26-81 MARINA DESIGN AND LOCATION, SEC. 26-82 DREDGING, NEW AND MAINTENANCE, Article III. Marine Sanitation, SEC. 26-111 PURPOSE, SEC. 26-114 APPLICABILITY, SEC. 26-115 DISCHARGE OF WASTE MATERIAL PROHIBITED, SEC. 26-116 MARINA SANITATION FACILITIES; PROVIDING SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
IT IS HEREBY ORDAINED BY THE TOWN OF FORT MYERS BEACH AS FOLLOWS:
SECTION 1. AUTHORITY. This Ordinance is enacted pursuant to the provisions of Chapter 95494, Laws of Florida, Chapters 163 and 166, Florida Statutes, and other applicable provisions of law.
SECTION 2. REPEAL OF CHAPTERS 1, 14, 22, AND 26 OF THE TRANSITIONAL LAND DEVELOPMENT REGULATIONS. By the authority of Section 15.08 (c) of the Town Charter, Chapters 1, 14, 22, AND 26 of the transitional land development regulations are repealed. Transitional Chapter 1 is entitled GENERAL PROVISIONS. Transitional Chapter 14 is entitled ENVIRONMENT AND NATURAL RESOURCES and contains the following articles: Article II Wildlife and Habitat Protection, Article III Wellfield Protection, Article IV Wetlands Protection, Article V Tree Protection, and Article VI Mangrove Protection. Transitional Chapter 22 is entitled HISTORIC PRESERVATION and contains the following articles: Article I In General, Article II Administration and Enforcement, Article III Designation of Historic Districts and Resources, and Article IV Maintenance and Repair of Premises. Transitional Chapter 26 is entitled MARINE FACILITIES, STRUCTURES AND EQUIPMENT and contains the following articles: Article II Seawalls, Bulkheads, Docks and Similar Structures, and Article III Marine Sanitation.
SECTION 3. REPEAL OF APPENDICES A, B, C, D, E, F, G, I, J, and K OF THE TRANSITIONAL LAND DEVELOPMENT REGULATIONS. By the authority of Section 15.08 (c) of the Town Charter, APPENDICES A, B, C, D, E, F, G, I, J, and K of the transitional land development regulations are repealed. Transitional Appendix A is entitled RECOMMENDED NATIVE PLANTS FOR LANDSCAPE USE WITHIN THE SIX MILE CYPRESS. Transitional Appendix B is entitled GULF OF MEXICO BEACH DESCRIPTION. Transitional Appendix C is entitled SOIL TYPES. Transitional Appendix D is entitled WETLANDS VEGETATION LIST. Transitional Appendix E is entitled PROTECTED TREE LIST. Transitional Appendix F is entitled PROPOSED GROUNDWATER LAND USE CATEGORIES. Transitional Appendix G is entitled ACTIVITIES SUBJECT TO STATE MANGROVE ALTERATION GUIDELINES. Transitional Appendix I is entitled RESERVED. Transitional Appendix J is entitled DESCRIPTION OF HARLEM HEIGHTS, CHARLESTON PARK AND THE DUNBAR ENTERPRISE ZONE. Transitional Appendix K is entitled ROAD AND COMMUNITY PARK IMPACT FEE BENEFIT DISTRICT DESCRIPTIONS.
SECTION 4. REPEAL OF ORDINANCE 00-10, BEACH AND DUNE ORDINANCE. By the authority of Article 10 of the Town Charter, Fort Myers Beach Ordinance No. 00-10, the beach and dune management ordinance, is repealed. Pursuant to Section 8 below, the terms of Ordinance 00-10 are being incorporated into the land development code as Article I of Chapter 14.
SECTION 5. ADOPTION OF NEW CHAPTER 1 OF THE LAND DEVELOPMENT CODE. The new Chapter 1 of the Town of Fort Myers Beach land development code entitled GENERAL PROVISIONS shall be as contained in the attached Exhibit A. Entirely new language is indicated with underlining and
language being repealed from the transitional land development regulations is
indicated with strike-throughs.
SECTION 6. AMENDMENTS TO
CHAPTER 2 OF THE LAND DEVELOPMENT CODE.
Chapter 2 of the Town of Fort Myers Beach land development code
entitled “ADMINISTRATION” is hereby amended to read as shown in the attached
Exhibit B, which amends the following sections
of Chapter 2: Sec. 2-303 Intent and Purpose of
Article, Sec. 2-306 Computation of Amount, Sec. 2-307 Payment, Sec. 2-309 Trust
Accounts, Sec. 2-310 Use of Funds, Sec. 2-311 Refund of Fees Paid, Sec. 2-312
Exemptions, Sec. 2-313 Credits, and Sec. 2-420 Intent. Article V of Chapter 2
is now divided into three divisions, as also shown in the attached Exhibit B.
Entirely new language is indicated with underlining and language being
repealed is indicated with strike-throughs.
SECTION 7. AMENDMENTS TO
CHAPTER 6 OF THE LAND DEVELOPMENT CODE.
Chapter 6 of the Town of Fort Myers Beach land development code
entitled “MAINTENANCE CODES, BUILDING CODES, AND COASTAL REGULATIONS” is hereby amended to read as shown in Exhibit C, which amends
the following sections of Chapter 6:
Sec. 6-405 Definitions, Sec. 6-444 Applications and Certifications, Sec.
6-472 Specific Standards, and Sec. 6-473. Entirely new language is indicated
with underlining and language being repealed is indicated with strike-throughs.
SECTION 8. ADOPTION OF NEW
CHAPTER 14 OF THE LAND DEVELOPMENT CODE.
The new Chapter 14 of the Town of Fort Myers Beach land development
code entitled “ENVIRONMENT AND NATURAL RESOURCES” shall be as contained in the
attached Exhibit D. The new Chapter
14 contains the following articles: Article I Beach and Dune Management, Article
II Sea Turtle Conservation, Article III Southern Bald Eagle Protection, Article
IV Wetlands Protection, Article V Tree Protection, and Article VI Mangrove
Enforcement. Entirely new language
is indicated with underlining and language being repealed from the
transitional land development regulations is indicated with strike-throughs.
SECTION 9. ADOPTION OF NEW
CHAPTER 22 OF THE LAND DEVELOPMENT CODE.
The new Chapter 22 of the Town of Fort Myers Beach land development
code entitled “HISTORIC PRESERVATION” shall be as contained in the attached
Exhibit E. The new Chapter 22
contains the following articles: Article
I In General, Article II Administration and Enforcement, Article III
Designation of Historic Resources and Districts, and Article IV Maintenance and
Repair of Premises. Entirely new language is
indicated with underlining and language being repealed from the
transitional land development regulations is indicated with strike-throughs.
SECTION 10. ADOPTION OF NEW
CHAPTER 26 OF THE LAND DEVELOPMENT CODE.
The new Chapter 26 of the Town of Fort Myers Beach land development
code entitled “MARINE FACILITIES” shall be as contained in the attached Exhibit F. The new Chapter 26 contains the
following articles: Article
II Docks and Other Shoreline Structures, and Article III. Marine Sanitation.
Entirely new language is indicated with underlining and language being
repealed from the transitional land development regulations is indicated with strike-throughs.
SECTION 11. SEVERABILITY. If any one of the provisions of this ordinance should be held contrary to any express provision of law or contrary to the policy of express law, although not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such provision shall be null and void and shall be deemed separate from the remaining provisions of this ordinance, and in no way affect the validity of all other provisions of this ordinance.
SECTION 12. EFFECTIVE DATE. This ordinance shall become effective immediately upon its adoption.
The foregoing ordinance was enacted by the Town Council upon a motion by Council Member Rynearson and seconded by Council Member Cain and, upon being put to a vote, the result was as follows:
Howard Rynearson aye
Daniel Hughes aye
Bill Thomas aye
W. H. “Bill” Van Duzer aye
Terry Cain aye
DULY PASSED AND ENACTED this 4th day of February, 2002.
ATTEST: TOWN OF FORT MYERS BEACH
By: By: _________________________
Marsha Segal-George, Town Clerk Daniel Hughes, Mayor
Approved as to form by:
_____________________________
Richard V.S. Roosa, Town Attorney