Notice is hereby given that the Board of County Commissioners of Lee County, Florida will consider the enactment of a county ordinance in accordance with Article VIII, Section 1, of the Florida Constitution and Chapter 125, Florida Statutes.  A description of the proposed county ordinance is as follows:

AN ORDINANCE AMENDING THE LEE COUNTY LAND DEVELOPMENT CODE, CHAPTERS 2, 3, 6, 10, 14, 33, AND 34 AND APPENDIX C. THE PROPOSED AMENDMENTS WILL PROVIDE FOR THE BIENNIAL REVISION OF THE LAND DEVELOPMENT CODE (LDC) BY REDUCING REDUNDANCIES WITH THE LEE PLAN AND ADMINISTRATIVE CODE, CLARIFYING PROVISIONS, UPDATING CROSS-REFERENCES, AMENDING THE AIRPORT DISTRICT REGULATIONS TO PROVIDE FLEXIBILITY WITHIN THE AIRPORT OVERLAY PLANNED DEVELOPMENT (AOPD), AND TO COMPLY WITH RECENT AMENDMENTS TO THE FLORIDA STATUTES; PERTAINING TO MODIFICATIONS THAT MAY ARISE FROM CONSIDERATION AT PUBLIC HEARING; PROVIDING FOR CONFLICTS OF LAW, SEVERABILITY, CODIFICATION, INCLUSION IN CODE AND SCRIVENER'S ERRORS, AND EFFECTIVE DATE.

THE SPECIFIC LDC PROVISIONS THAT WILL BE AMENDED ARE: SEC. 2-146 (MINIMUM REQUIREMENTS); CHAPTER 3 (EXPLOSIVES AND BLASTING REGULATIONS) REMOVED ENTIRELY; SEC. 6-47 (BUILDING RELOCATION PERMIT); SEC. 10-1 (DEFINITIONS); SEC. 10-8 (SPECIFIC REQUIREMENTS); SEC. 10-102 (EMPLOYMENT OF ENGINEERS AND DESIGN CONSULTANTS); SEC. 10-103 (PREREQUISITE ZONING APPROVALS FOR DEVELOPMENT ORDER SUBMITTALS); SEC. 10-104 (DEVIATION AND VARIANCES); SEC. 10-108.1 (PAYMENT OF TAXES); SEC. 10-121 (TRANSFER); SEC. 10-151 (GENERALLY); SEC. 10-153 (APPLICATION FORM AND CONTENTS); SEC. 10-154 (ADDITIONAL REQUIRED SUBMITTALS); SEC. 10-256 (BIKEWAYS AND PEDESTRIAN WAYS); SEC. 10-285 (CONNECTION SEPARATION); SEC. 10-296 (STREET DESIGN AND CONSTRUCTION STANDARDS); SEC. 10-321 (GENERALLY); SEC. 10-416 (LANDSCAPE STANDARDS); SEC. 10-610 (SITE DESIGN STANDARDS AND GUIDELINES FOR COMMERCIAL BUILDINGS AND DEVELOPMENTS); SEC. 14-243 (BUILDING PERMITS AND OCCUPATIONAL LICENSES); SEC. 33-1434 (DEVELOPMENT STANDARDS); SEC. 33-1519 (STATE ROUTE 80 CORRIDOR OVERLAY DISTRICT PROPERTY DEVELOPMENT REGULATIONS TABLE); SEC. 34-2 (DEFINITIONS); SEC. 34-144 (CONDUCT OF HEARINGS; REPORTS AND RECORDS); SEC. 34-145 (FUNCTIONS AND AUTHORITY); SEC. 34-146 (FINAL DECISION; JUDICIAL REVIEW); SEC. 34-171 (APPOINTMENT OF DIRECTOR); SEC. 34-172 (POWERS AND DUTIES); SEC. 34-173 (AUTHORITY TO PERMIT USES PENDING A ZONING ACTION); SEC. 34-174 (AUTHORITY TO APPROVE ADMINISTRATIVE ACTIONS); SEC. 34-201 (GENERAL PROCEDURE FOR APPLICATIONS REQUIRING PUBLIC HEARING); SEC. 34-202 (GENERAL SUBMITTAL REQUIREMENTS FOR APPLICATIONS REQUIRING PUBLIC HEARING); SEC. 34-203 (ADDITIONAL REQUIREMENTS FOR APPLICATIONS REQUIRING PUBLIC HEARING); SEC. 34-204 (SUBMITTAL REQUIREMENTS FOR ADMINISTRATIVE ACTION APPLICATIONS) REMOVED; SEC. 34-206 (FAMILY DAY CARE HOME EXEMPTION REQUEST) REMOVED; SEC. 34-207 (EXCAVATIONS) REMOVED; SEC. 34-208 (RESERVED) REMOVED; SEC. 34-209 (BUILDING RELOCATION PERMIT) REMOVED; SEC. 34-210 (TEMPORARY USE PERMITS) REMOVED; SEC 34-211 (DENIALS AND RESUBMISSION OF APPLICATIONS); SEC. 34-265 (COMPLIANCE) REMOVED; SEC. 34-266 (CEASE AND DESIST ORDERS) REMOVED; SEC. 34-267 (AUTHORITY TO PERMIT USES PENDING A ZONING ACTION) REMOVED; SEC. 34-268 (ADMINISTRATIVE VARIANCES) REMOVED; SEC. 34-371 (GENERALLY); SEC. 34-373 (APPLICATION); SEC. 34-380 (AMENDMENTS TO APPROVED MASTER CONCEPT PLAN); SEC. 34-411 (GENERAL STANDARDS); SEC. 34-621 (USE AND DEVELOPMENT REGULATIONS FOR CONVENTIONAL DISTRICTS); SEC. 34-625 (OUTDOOR LIGHTING STANDARDS); SEC. 34-626 (REQUESTS FOR ZONING VERIFICATION); SEC. 34-653 (USE REGULATIONS TABLE FOR AGRICULTURAL DISTRICTS); SEC. 34-694 (USE REGULATIONS TABLE FOR ONE AND TWO-FAMILY RESIDENTIAL DISTRICTS); SEC. 34-695 (PROPERTY DEVELOPMENT REGULATIONS TABLE FOR ONE AND TWO-FAMILY DISTRICTS); SEC. 34-714 (USE REGULATIONS TABLE FOR MULTIPLE-FAMILY RESIDENTIAL DISTRICTS); SEC. 34-715 (PROPERTY DEVELOPMENT REGULATIONS TABLE FOR MULTIPLE-FAMILY DISTRICTS); SEC. 34-735 (USE REGULATIONS TABLE FOR MOBILE HOME DISTRICTS); SEC. 34-736 (PROPERTY DEVELOPMENT REGULATIONS TABLE FOR MOBILE HOME RESIDENTIAL DISTRICTS); SEC. 34-767 (USE REGULATIONS TABLE FOR RECREATIONAL VEHICLE DISTRICTS); SEC. 34-768 (PROPERTY DEVELOPMENT REGULATIONS TABLE FOR RECREATIONAL VEHICLE DISTRICTS); SEC. 34-813 (USE REGULATIONS TABLE FOR COMMUNITY FACILITIES DISTRICTS); SEC. 34-814 (PROPERTY DEVELOPMENT REGULATIONS TABLE); SEC. 34-841 (PURPOSE AND INTENT); SEC. 34-844 (USE REGULATIONS TABLE FOR CONVENTIONAL COMMERCIAL DISTRICTS); SEC. 34-845 (PROPERTY DEVELOPMENT REGULATIONS TABLE FOR COMMERCIAL DISTRICTS); SEC. 34-873 (USE REGULATIONS TABLE FOR MARINE-ORIENTED DISTRICTS); SEC. 34-874 (PROPERTY DEVELOPMENT REGULATIONS TABLE FOR MARINE-ORIENTED DISTRICTS); SEC. 34-903 (USE REGULATIONS TABLE FOR INDUSTRIAL DISTRICTS); SEC. 34-904 (PROPERTY DEVELOPMENT REGULATIONS TABLE FOR INDUSTRIAL DISTRICTS); SEC. 34-931 (PURPOSE AND INTENT); SEC. 34-933 (PERMITTED USES); SEC. 34-934 (USE REGULATIONS TABLE FOR PLANNED DEVELOPMENT DISTRICTS); SEC. 34-942 (AIRPORT OPERATIONS PLANNED DEVELOPMENTS); SEC. 34-981 (PURPOSE AND INTENT); CHAPTER 34, ARTICLE VI, DIVISION 10, SUBDIVISION III (AIRPORT COMPATIBILITY DISTRICT); SECTIONS 34-1001 THRU 34-1013 ARE RENUMBERED UNDER DIVISION 12; SEC. 34-1005 (AIRPORT PROTECTION ZONES) REMOVED; SEC. 34-1008 (AIRPORT RESIDENTIAL PROTECTION ZONES) REMOVED; SEC. 34-1101 (APPLICABILITY); SEC. 34-1102 (PURPOSE, AND INTENT); SEC. 34-1103 (DEFINITIONS); SEC. 34-1104 (AIRPORT NOISE ZONES); SEC. 34-1105 (AIRPORT RUNWAY PROTECTION ZONES); SEC. 34-1106 (AIRPORT RESIDENTIAL AND EDUCATIONAL FACILITY PROTECTION ZONES); SEC. 34-1107 (LCPA AIRPORT OBSTRUCTION NOTIFICATION ZONE); SEC. 34-1108 (OBSTRUCTION MARKING AND LIGHTING); SEC. 34-1109 (VARIANCE OR DEVIATION); SEC. 34-1110 (LAND USE RESTRICTIONS); SEC. 34-1111 (NON-CONFORMING USES); SEC. 34-1112 (APPEALS AND ENFORCEMENT); SEC. 34-1113 (RESERVED); SEC. 34-1177 (ACCESSORY APARTMENTS); SEC. 34-1264 (SALE OR SERVICE FOR ON-PREMISES CONSUMPTION); SEC. 34-1297 (ACTIVITIES REQUIRING SPECIAL APPROVAL);; SEC. 34-1411 (ASSISTED LIVING FACILITIES); SEC. 34-1414 (CONTINUING CARE FACILITIES); SEC. 34-1415 (LOCATION OF HEALTHCARE FACILITIES); SEC. 34-1442 (DEFINITIONS); SEC. 34-1445 (DEVELOPMENT REVIEW PROCESS); SEC. 34-1493 (CALCULATION OF TOTAL PERMISSIBLE HOUSING UNITS); SEC. 34-1572 (APPLICABILITY OF DIVISION); SEC. 34-1574 (COMPLIANCE WITH APPLICABLE REGULATIONS; NEW ROADS OR EXPANSION OF EXISTING FACILITIES); SEC. 34-1575 (COASTAL ZONES); CHAPTER 34, DIVISION 15 (EXCAVATION ACTIVITIES); SEC. 34-1716 (STANDARDS FOR COMMUNITY GARDENS); SEC. 34-1923 (SKIRTING); SEC. 34-1954 (MODEL HOMES AND MODEL UNITS); SEC. 34-1955 (MODEL DISPLAY CENTERS); SEC. 34-2020 (REQUIRED PARKING SPACES); CHAPTER 34, DIVISION 28 (PLANT NURSERIES); SEC. 34-2142 (EXCEPTION FOR ESSENTIAL SERVICE FACILITIES GROUP I) REMOVED; SEC. 34-2175 (HEIGHT LIMITATIONS FOR SPECIAL AREAS AND LEE PLAN LAND USE CATEGORIES); SEC. 34-2191 (MEASUREMENT; PERMITTED ENCROACHMENTS); SEC. 34-2192 (STREET SETBACKS); SEC. 34-2196 (USES EMPLOYING SOLAR ENERGY OR WIND DRIVEN ELECTRICAL GENERATORS) REMOVED; SEC. 34-2221 (MINIMUM DIMENSIONS GENERALLY); SEC. 34-3041 (TEMPORARY USE PERMITS, GENERALLY); SEC. 34-3103 (PERMIT FOR MOVING BUILDING) REMOVED; SEC. 34-3206 (NONCONFORMITIES CREATED BY EMINENT DOMAIN PROCEEDINGS OR VOLUNTARY DONATION OF LAND FOR PUBLIC PURPOSE); 34-3272 (LOT OF RECORD DEFINED; GENERAL DEVELOPMENT STANDARDS); APPENDIX C (AIRPORT NOISE ZONES) MAP 1 UNCHANGED, MAPS 2A THROUGH 10 ARE TO BE REPLACED.

There will be two public hearings held on two separate dates in the County Commissioners' Chambers, Lee County Courthouse, 2120 Main Street, Fort Myers, Florida.   The first public hearing will be held on Tuesday, the 19th day of March, 2019, at 5:00 p.m., or as soon thereafter as can be heard.  The second public hearing will be held on Tuesday, the 2nd day of April, 2019, at 9:30 a.m., or as soon thereafter as can be heard.   

Copies of this Notice and the proposed ordinance are available for inspection at the Minutes Office of the Clerk of Courts of Lee County, located in the Courthouse Administration Building, 2115 Second Street, Fort Myers, Florida.  

Interested parties may appear at the meeting and be heard with respect to the proposed ordinance.

A verbatim record of the proceeding will be necessary to appeal a decision made at this hearing.  Contact Lee County Administration at 239-533-2221 for further information on obtaining a record.

Lee County will not discriminate against individuals with disabilities. To request an accommodation, contact Joan LaGuardia, (239) 533-2314, Florida Relay Service 711, or ADArequests@leegov.com, at least five business days in advance.