ORDINANCE NO. 06-12 CODE CHATER 34 (ZONING); AMENDING CTION 34-691 34-710 AN AMENDMENT TO THE BONITA SRINGS LAND DEVELOMENT (a) RSC-1 residential single-family conseivation district. The purpose and intent of of lawfully existing lots nonconforming under previous zoning regulations. This protect existing single-family residential developments, lots, structures and uses, residential districts set forth in this chapter, and to accommodate residential use previously permitted but not conformable to the regulations for other single-family the RSC-1 residential single-family conservation district is to recognize and Sec. 34-691. urpose and intent. Subdivision II. One- and Two-Family Residential Districts language and underline identifying additional language: Code Chapter 34 is amended to read as follows, with strike-through identifying deleted Section 34-691 34-710 within the City of Bonita Springs Land Development CTION ONE: BONITA SRINGS LAND DEVELOMENT CODE CHATER 34 THE CITY OF BONITA SRNGS HEREBY ORDAINS: district. Chapter 34, so as to permit by special exception public parking lots in the TFC-2 zoning WHEREAS, City Council finds it necessary to amend Land Development Code residential area that by reason of their proximity to certain public facilities, existing and future developed, would be suitable for permitting in this zoning category; and would like to create into public parking, and there may be additional parcels in the WHEREAS, the City of Bonita Springs owns a city block zoned TFC-2 which it adoption of the new Land Development Code; and Development Code (Zoning) from Lee County to City of Bonita Springs, but from time to WHEREAS, Bonita Springs City Council is in the process of transitioning its Land time finds that it is necessary to make minor amendments rather than wait for the public; and establish, coordinate and enforce laws that are necessary for the protection of the WHEREAS, Florida Statutes 166.021 authorizes the City of Bonita Springs to DATE. SCRIVENER S ERRORS, INCLUSION IN CODE AND AN EFFECTIVE ERMIT UBLIC ARKING BY CIAL EXCETION; ROVIDING (ONE- AND TWO-FAMILY RESIDENTIAL DISTRICTS) SO AS TO FOR CONFLICTS OF LAW, VERABILITY, CODIFICATION, CITY OF BONITA SRINGS, FLORIDA
the purpose mentioned in this section. City Council Boar of--gounty-gemmtssioners upon its own initiative to achieve developments, but may be used only by property owners in existing developments that comply with the property development regulations or by the initiative to achieve the purpose mentioned in this section. owners in existing developments that comply with the property development regulations or by the City Council Board of County Commissioners upon its own TFC residential two-family conservation district is to recognize and protect existing two-family residential developments, lots, structures and uses, previously existing lots that were nonconforming under previous zoning regulations. This district is not available for new developments, but may be used only by property permitted but not conformable to the regulations or the other two-family residential district set forth in this chapter, and to accommodate residential use of (d) TFC residential two-family conservation district. The purpose and intent of the thereof. the proper development and protection of the subsequent use and enjoyment detached, conventionally built single-family dwelling units and for facilitation of single-family district is to provide opportunities for the suitable location of (c) RS residential single-family districts. The purpose and intent of the RS residential that domestic servants may be housed on the premises without being counted as a separate or additional family. The term family shall not be construed to mean a fraternity, sorority, club, monastery, convent or occupying a dwelling unit and living as a single nonprofit housekeeping group of three or more persons who are not related by blood, marriage or adoption shall not be deemed to constitute a family, and further provided district only, the term family is defined as one or more persons institutional group. from the regulations found elsewhere in this chapter. For purposes of this unit, provided that except where required by state or federal statute, a Z-70-78, certain use regulations and definitions will be somewhat different (2) Since this district is intended to continue the provisions of Resolution No. servants quarters. All property on Captiva Island formerly zoned RS 2 and also request to be rezoned to RSC-2, provided it is appropriate. adopted June 2, 1970. This resolution created an estate category (EU-i) subject to Resolution No. Z-70 78 has been converted to RSC 2. Other provide for a continuation of the uses created by Resolution No. Z-70-78, existing developments in the çjy unincorporated area of the county may (1) The purpose of the RSC-2 residential single-family estate district is to with minimum lot size of one acre, but also allowed a guest house and (b) RSC-2 residential single-family estate district. forth under the Lee Comprehensive lan. This district is not available for new district may be applied to any land use category aflowing residential uses set
development and to protect the subsequent use and enjoyment thereof. The TF category accommodating residential uses. hee Comprehensive lan and subject to the range of densities for each land use district is intended for use only within the future urban areas as designated by the duplex, two-family and single-family dwelling units and to facilitate the proper article VII, division 30, of this chapter. (b) Exceptions and modifications to property development regulations are set forth in drainage, retention, parking and other development requirements of this chapter and chapter 3 40. located, and shall have sufficient lot area to satisfy all open space, buffering, height requirements set forth for single-family dwellings in the district in which comply with the minimum lot dimensions, setbacks, maximum lot coverage and (a) All nonresidential uses in the one- and two-family residential districts shall Sec. 34-693. roperty development regulations for nonresidential uses. 34-694, pertaining to use regulations for one-and two-family residential districts, and (nonconformities) of this chapter, or in section 34-620. one-or two-family residential district for any purpose other than as provided in section structure may hereafter be erected, constructed, moved, altered or maintained in any section 34-695, pertaining to property development regulations for one-and two-family residential districts, except as may be specifically provided for in article VIII No land, body of water or structure may be used or permitted to be used and no Sec. 34-692. Applicability of use and property development regulations. to designate suitable locations for residential occupancy of conventionally built (e) TF-1 two-family district. The purpose and intent of the TF-1 two-family district is
TFC-2 TF-1... Sec. 34-694. Use regulations table. Use regulations for one- and two-family residential districts are as follows: TABLE 34-694. U REGULATIONS FOR ONE- AND TWO-FAMILY RESIDENTIAL DISTRICTS Special Notes or Regulations RSC-1 RSC-2 RSA RS-4 RS-1 RS-2 RS-3 RS-5 TFC-1 Accessory uses, buildings and structures: Amateur radio antenna/tower 34-1171 et,34-2441 et Under 50 feet in height Over 50 feet in height Animals (equines) Docks, seawalls Fences, walls Entrance gate, gatehouses Nonroofed accessory structures 34-1175 34-1175 34-1291 et 34-1863 34-1741 et 34-1741 et 34-2194(c) p p p p Signs in compliance with chapter 30 Accessory apartment Note (1), 34-1 177 -- -- -- Aircraft landing facilities, private: Administrative offices Lawfully existing: age 4 of 13 U :\City Attorney\Ordinances\Ordinances 2006\06-1 2 Amend LDC TFC-2 Zoning arking.doc
O 0. New accessory buildings 34-1231 et Helistop 34-1231 et Boat ramps Note (8) EQ/ EQ/ EQ/ EQ/ EQ/ EQ/ EQ/ EQ/ EQ/ EQ/ EQ/ Clubs, private Community residential home Special Notes or RSC-1 RSC-2 RSA RS-1 RS-2 RS-3 RS-4 RS-5 TFC-1 TFC-2 TF-1 Regulations Expansion of aircraft 34-1231 et landing strip, or helistop or heliport landing pad New: Aircraft landing strip and 34-1231 et ancillary hangars, sheds and equipment Heliport 34-1 231 et -- -- -- -- -- -- -- -- -- -- -- Animals and reptiles Keeping, raising or breeding 34-1291 of Class I animals (df) Keeping, raising or breeding 34-1291 of american alligators, venomous reptiles or Class II animals (df) Assisted living facility Note (2), 34-1411 -- -- -- -- -- -- -- -- -- -- Commercial fishing equipment 34 1179 -- storage as an accessory use to single family or mobile home residence, Greater ine Island oy age 5 of 13 U :\City Attorney\Qrdinances\Qrdinances 2006\06-1 2 Amend LDC TFC-2 Zoning arking.doc
... Consumption on premises 34-1261 et,aa/ AA! AAJ AAJ AA/ AA/ AAI AA/ AA/,AA/ A/ Day care center, adult or child Note (7) Mobile home ED ED EQ ED ED ED ED ED ED ED ED Townhouse -- -- -- -- -- -- -- -- -- -- -- Essential services 34-1611 et,34-1 748 Oilorgas 34-1651(c) Water retention 34-1651(b) Golf course 34-247 1 et ED EQ ED ED ED EQ ED ED ED ED ED Special Notes or RSC-1 RSC-2 RSA RS-1 RS-2 RS-3 RS-4 RS-5 TFC-1 TFC-2 TF-1 Regulations Dwelling unit: Duplex -- -- -- -- -- -- -- -- Multiple-family building 34-3021 -- -- -- -- -- -- -- -- -- -- -- Single-family residence, conventional Two-family attached -- -- -- -- -- -- -- -- -- -- Zero lot line -- -- -- -- -- -- -- -- -- -- -- Essential service facilities (34-622(c)(1 3)): Group! 34-l6llet,34-1741 et,34-2 142 Group!! 34-1611 et,34-1 741 et Excavation:,34-2 142 age 6 of 13 U:\City Attorney\Ordinances\Drdinances 2006\06-12 Amend LDC TFC-2 Zoning arking.doc
Special Notes or RSC-1 RSC-2 RSA RS-1 RS-2 RS-3 RS-4 RS-5 TFC-1 TFC-2 TF-1 Regulations Homecarefacility No outside help 34-1772(c) Model home 34-1951 et AAI AA AAI A/ AAI AA/ AA AAI AA/ AJ AI -- lace of worship 34-2051 EQ/ EQ/ EQ/ EQ/ EQ/ EQ/ EQ/ EQ/ EQ/ EQ/ EQ/ Religious facilities Note (3)34-2051 et... Guest house 34-1178 -- -- -- -- -- -- -- -- -- -- Home occupation: With outside help 34-1772(c) AA AA AA AA AA AA AA AA Library -- -- --.EO -- -- -- -- Marina 34-1862 -- Models: -- EQ EQ EQ EQ EQ EQ EQ EQ EQ Display center 34-1951 et -- -- Model unit 34-1951 et -- -- -- -- -- -- -- -- -- -- -- arking, ublic Note (9), 34-2014 - 2022 arks (34-622(c)(32)), group I Note (5) -- Real estate sales office Note (6) -- Recreational facilities: -- -- ersonal rivate - Qn-site EQ/ EQ/ EQ/ EQ/ EQ/ EQ/ EQ/ EQ/ EQ/ EQ/ EQ/ rivate - Qff-site EQ EQ EQ EQ EQ EQ EQ EQ EQ EQ EQ Residential accessory uses (34-34-1 171 et (4) age 7 of 13 U:\City Attorney\Qrdinances\Qrdpnances 2006\06-12 Amend LDC TFC-2 Zoning arking.doc
... Lee County School District 34-2381 p -- Temporary uses 34-3041 et 622(c)(42)) Special Notes or RSC-1 RSC-2 RSA RS-1 RS-2 RS-3 RS-4 RS-5 TFC-1 TFC-2 TF-1 Regulations Schools, noncommercial: Other 34-2381 -- -- -- Servant s quarters -- -- -- -- -- -- -- -- -- -- Stable, private 34-1292 -- -- -- -- -- -- -- -- -- Notes: (1) ermitted only when accessory to a lawfully permitted single-family dwelling unit. (2) New facilities of 50 or more beds, or the expansion of an existing facility that will bring the number of beds to 50 or more, requires D zoning. See section 34-34 1 and Table 34-934. (3) Any new facility of ten or more acres or any expansion of an existing facility to ten or more acres, requires D zoning. See section 34-341 and Table 34-934. (4) Accessory buildings and uses (to the main building) may be located closer to the front of the property than the main building but must comply with all other setback requirements for accessory buildings and uses. (5) Recreational halls require a special exception approval. (6) Real estate sales are limited to sales of lots, homes or units within the development. The location of, and approval for, the real estate sales office will be valid for a period of time not exceeding three years from the date the certificate of occupancy for the sales office is issued. The director may grant one two-year extension. Additional time will require a new special exception approval. (7) Family day care home exemption. The operation of a family day care home under F.S. 125.0109 requires an exemption from the special exception requirements for child day care facilities. See section 34-203(e)(9). (8) Non-commercial only. ages of 13 U:\CityAttorney\Ordinances\Ordinances 2006\06-12 Amend LDC TFC-2 Zoning arking.doc
... f) ublic parking lots are those owned, operated or maintained by a governmental agency (city, county or state), which may or may not be charged a parking fee, used off-site from other uses adjacent to the public parking lot. Such public parking lots require a special exception approval, which will include the requirements of section 34-2017 through 34-2022 where feasible and practical, as determined in the conditions imposed by City Council for this use. Lotwidth (feet) 40 100 65 75 100 100 100 130 50 75 75 Lotdepth (feet) 75 200 75 100 100 100 100 130 100 100 100 -- 50 Sec. 34-695. roperty development regulations table. roperty development regulations for one- and two-family residential districts are as follows: TABLE 34-695. ROERTY DEVELOMENT REGULATIONS FOR ONE- AND TWO-FAMILY RESIDENTIAL DISTRICTS Special Notes RSC-1 RSC- RSA RS-1 RS-2 RS-3 RS-4 RS-5 TFC-1 TFC-2 TF-1 or Regulations 2 Minimum lot area and 34-2221, 34- dimensions: 2222, 34-2 142 Single-family detached: Lot area (square feet) 4,000 43,56 6,500 7,500 12,500 20,000 40,000 2 acres 6,000 7,500 7,500 0 Duplex: Lot area (square feet) -- Lot width (feet) -- Lot depth (feet) -- Two-family attached: -- -- -- -- -- -- -- 6,000 -- -- -- -- -- -- -- -- -- -- -- -- -- 100 7,500 1 0,000 75 75 100 100 L Lot area (square feet) -- Lot width (feet) -- -- -- -- -- -- -- -- -- -- 12,000 -- -- -- -- -- -- -- -- -- 120 age 9 of 13 U :\City Attorney\Ordinances\Ordinances 2006\06-1 2 Amend LDC TFC-2 Zoning arking.doc
... Gulf of Mexico 50 50 50 50 50 50 50 50 50 50 50 (3) Special Notes RSC-1 RSC- RSA RS-1 RS-2 RS-3 RS-4 RS-5 TFC-1 TFC-2 TF-1 or Regulations 2 Lot depth (feet) -- -- -- -- -- -- -- -- -- -- 100 Minimum setbacks: Street (feet) Notes (1) and 10 50 (3) Variable according to the functional classification of the street or road (see section (2), 34-21 91 et 34-2192). seq Side yard (feet): Notes (1) and (4), 34-2191 et Single-family or 5 10 6.5 7.5 10 12 15 15 6 7.5 7.5 duplex Two-family -- -- -- -- -- -- -- -- -- -- 10 Rear yard (feet) Note (1 ),34-10 20 20 20 20 20 20 20 20 20 20 2191 et Water body (feet): 34-2191 et Other 10 25 25 25 25 25 25 25 25 25 25 Special regulations: Animals, reptiles, marine life Consumption on premises Docks, seawalls, etc. Essential services Essential service 34-1291 et 34-1261 et 34-1863 et 34-1611 et 34-1611 et Refer to the section specified for exceptions or additions to the minimum setback requirements age 10 of 13 U:\City Attorney\Ordinances\Ordinances 2006\06-12 Amend LDC TFC-2 Zoning arking.doc
... facilities(34-622(c)(1 3)) Fences, walls, gatehouses Nonroofed accessory structures Special Notes or Regulations, 34-2141 et 34-1741 et 34-2194(c) RSC-1 RSC- RSA RS-1 RS-2 RS-3 RS-4 RS-5 TFC-1 TFC-2 TF-1 2 listed in this table. Railroad right-of-way 34-2195 Maximum height (feet) 34-21 71 et 35 35 35 35 35 35 35 35 35 35 35 Note: Special height limitations apply to all uses located within Bonita Beach and the Bonita Beach Road Corridor - See section 34-2175. Maximum lot coverage 45% 25% 45% 40% 40% 40% 40% 40% 45% 40% 45% (percent of total lot area) Notes: (1) Modifications to required setbacks for collector or arterial streets, or for solar or wind energy purposes, are permitted by variance only. See section 34-2191 et (2) Special street setbacks apply to portions of Colonial Boulevard and Daniels Road. Refer to section 34 2192(b). (3) Accessory buildings and uses can be located closer to the front of the property than the main building, but must comply with all other setback requirements for accessory building uses. (4) No side yard setback required from common side lot line for two-family attached. Secs. 34-696--34-710. Reserved. age 11 of 13 U:\City Attorney\Ordinances\Ordinances 2006\06-12 Amend LDC TFC-2 Zoning arking.doc
statutes, the most restrictive requirements shall apply. conflict with the requirements or provisions of any other lawfully adopted ordinance or Whenever the requirements or provisions of this amending ordinance are in U :\City Attorney\Ordinances\Ordinances 2006\06-1 2 Amend LDC TFC-2 Zoning arking.doc age 12 of 13 AROVED AS TO FORM: Attorney AUTH. TICATIO Springs, Florida this 4th day of October, 2006. DULY ASD AND ENACTED by the City Council of the City of Bonita date. The effective date of this ordinance shall be thirty (30) days from its adoption CTION FIVE: EFFECTIVE DATE filing a corrected or recodified copy of same with the City Clerk. the City Manager, or the City Manager s designee, without need or public hearing, by re-lettered and typographical errors which do not effect the intent may be authorized by or phrase in order to accomplish such intention; and regardless of whether such inclusion in the code is accomplished, sections of this ordinance may be renumbered or work ordinance may be changed to section, article, or such other appropriate word provisions of this Ordinance shall become and be made part of the Bonita Springs City Code; and that sections of this ordinance may be renumbered or re-lettered and that the It is the intention of the City Council for the City of Bonita Springs that the SCRIVENER S ERRORS CTION FOUR: CODIFICATION, INCLUSION IN CODE AND shall remain in full force and effect. The City declares that no invalid or prescribed provision or application was an inducement to the enactment of this Ordinance, and that and all applications thereof not having been declared void, unconstitutional or invalid, invalid for any reasons, such part, section, subsection, or other portion of the prescribed application thereof to any person or circumstance is declared void, unconstitutional or application thereof, shall be severable, and the remaining provisions of this Ordinance, application. If any part, section, subsection, or other portion of this Ordinance or any it would have enacted this Ordinance regardless of the invalid or prescribed provision CTION THREE: VERABLITY CTION TWO: CONFLICTS
Vote: Arend Aye McCourt Aye Ferreira Aye Nelson Aye Grantt Aye Simons Aye Joyce Aye Date Filed With City Clerk: - age 13 of 13 U:\City Attorney\Ordinances\Ord,nances 2006\06-12 Amend LDC TFC-2 Zoning arking.doc