Blog

Jan 20, 2024

City provides guidance on home restoration

The city reported that as Sanibel recovers and rebuilds following Hurricane Ian,

The city reported that as Sanibel recovers and rebuilds following Hurricane Ian, many citizens are anxious to return to the island and restore their home. In some cases, structures will be demolished and properties redeveloped. City staff knows Sanibel's Land Development Code is complex and necessary to maintain the island sanctuary characteristics that makes Sanibel so unique. Staff is committed to helping residents and businesses be successful in completing repairs, renovations, and redevelopment.

The city's Natural Resources, Public Works, Planning, and Building departments have compiled important information regarding the LDC to help residents who are undertaking renovation, restoration, and redevelopment projects. The city reported that following the below guidance will help to ensure properties remain compliant with the Vision Statement, Sanibel Plan, and LDC and help the community recover as it works to restore the sanctuary island.

In addition, city staff will host a community workshop to present information and answer citizen questions on April 26 at BIG ARTS on Sanibel. More details will be provided in the future.

NATURAL RESOURCES DEPARTMENT

Vegetation permits

CITY OF SANIBELTypical Swale Section exhibit.

Do I need a permit to remove or plant vegetation?

– Some activities that would typically require a vegetation permit have been exempted through mayoral proclamation and can be viewed at https://www.mysanibel.com/content/download/31100/file/Mayoral%20Proclamation%2023-05%20-%20Hurricane%20Ian%20extension%20-%20executed.pdf.

– Activities such as mangrove trimming and removal, vegetation trimming and removal Gulfward of the Coastal Construction Control Line (CCCL), removal of live native vegetation (plants unaffected by the hurricane or those that can be restored or preserved), vegetation work on vacant lots, and other activities described in Sanibel Code Sections 122-141 through 122-150 ("Vegetation Permits" at https://library.municode.com/fl/sanibel/codes/code_of_ordinances?nodeId=SPBLADECO_CH122VE_ARTIIIST_DIV2AD_SDIIPE_S122-146OTACREPE), that are not otherwise addressed in mayoral proclamations require a permit.

Landscaping

Are there requirements for the type of plants I use?

CITY OF SANIBELDark Sky light fixture guide.

– Generally, landscaping requires the use of 75% native vegetation within each category of native plants (trees, shrubs, and groundcovers), with the remainder being additional native plants or non-competing exotic plants. A good rule of thumb: for every non-competing exotic plant installed, it should be offset with three native plants to prevent non-compliance. It is strongly recommended that a landscape or planting plan be submitted to the Natural Resources Department to review compliance with the LDC.

– Planting any invasive exotic vegetation on Sanibel is prohibited (Section 122-169 at https://library.municode.com/fl/sanibel/codes/code_of_ordinances?nodeId=SPBLADECO_CH122VE_ARTIIIST_DIV3GEST_S122-169LARE). For a list of invasive exotic plants, visit the Florida Invasive Species Council website at https://floridainvasivespecies.org/index.cfm.

– Why native plants? Native plants are adapted to the local climate, require little or no supplemental irrigation or fertilizer once established, and provide habitat and forage for native wildlife. Many native species tolerate salt spray and inundation, making Sanibel more resilient to severe weather and rising seas.

– Certain properties (residential, commercial, and institutional uses) along arterial and collector roads (see definition for "Street" at https://library.municode.com/fl/sanibel/codes/code_of_ordinances?nodeId=SPBLADECO_CH78GEPR_S78-1RUCODE) must adhere to vegetation buffer standards and these properties should work to restore buffers to code standards in Article II — Landscaping (https://library.municode.com/fl/sanibel/codes/code_of_ordinances?nodeId=SPBLADECO_CH122VE_ARTIILA).

– The use of sod (turf grass) is limited by the city's environmental performance standards (https://library.municode.com/fl/sanibel/codes/code_of_ordinances?nodeId=SPBLADECO_CH126ZO_ARTXIIIENPEST). Generally, sod is limited to 20 percent of the total land area of the parcel or 4,000 square feet per dwelling unit, whichever is less. Only sod can be planted in the city's rights-of-way.

– Properties may temporarily use mulch to stabilize exposed soils until the property can conform to development and vegetation standards. Once a property is properly revegetated, mulch must be limited to appropriate quantities around plantings and in landscape beds. Other materials such as shell, rock, or gravel spread outside of designated driveways, foot paths, and/or landscape beds shall be considered developed area and may result in overdevelopment of a property. Check with the city before installing shell, rock or gravel.

Placement of fill

The placement of fill on a property that alters the existing drainage pattern, ground contours, or grade elevations of the real property or the bottom elevation of an open body or water, constitutes development (Section 78-9 at https://library.municode.com/fl/sanibel/codes/code_of_ordinances?nodeId=SPBLADECO_CH78GEPR_S78-9ACCODE) and a development permit is required.

Removal of muck

Hurricane deposits of marine muck sediments may be scraped or raked from a property by hand without the need for a development permit. A thin layer of topsoil may be placed in the area where the mulch was removed (maximum 1 inch) provided the pre-storm contours of a property do not change.

Replanting guide

The Sanibel-Captiva Conservation Foundation's Post-Hurricane Replanting Guide is a resource to help replant your property. To view it, visit https://www.sccf.org/news/blog/new-post-hurricane-replanting-guide. For questions, contact the Natural Resources Department at [email protected] or 239-472-3700.

Beachfront/Gulfward of Coastal Construction Control Line (CCCL)

What are the special standards for properties along the beach?

– To see if the CCCL is located on your property, visit https://sanibel.maps.arcgis.com/apps/webappviewer/index.html?id=3da5033bdad449bfa348961f97080358. On the city's Future Land Use Map, the 1974 CCCL is identified by a dashed orange line and the 1991 CCCL is identified by a dashed yellow line.

Lighting

– A development permit is required to add or replace outdoor lights in the Gulf Beach, Gulf Beach Ridge, or Bay Beach ecozones.

– All newly installed lighting fixtures visible from the beach (which can include properties outside of the CCCL or within ecozones that are not listed above) are required to meet the standards set forth in Section 126-1000 (https://library.municode.com/fl/sanibel/codes/code_of_ordinances?nodeId=SPBLADECO_CH126ZO_ARTXIVSUDIRE_DIV4OULI_S126-1000BELIMATUPREWINARLISO), which states:

— All exterior light fixtures (examples: building exterior, parking areas, landscaping, pool lighting, etc.) must be fully shielded so that the point source of light is not directly visible from the beach.

— All fixtures must be equipped with a light source that emits light 560 nanometers or greater; only certain LED bulbs meet this requirement.

— It is highly recommended that light fixtures and bulbs be certified by the Florida Fish and Wildlife Conservation Commission's Certified Wildlife Lighting Program (https://myfwc.com/conservation/you-conserve/lighting/criteria/certified/).

– To apply for an accessory development permit to replace or add exterior lighting, visit https://sanibelfl-energovweb.tylerhost.net/apps/SelfService#/home.

Window tint

Tinted glass is required to be installed on any windows and glass doors of single- or multi-story structures within line of sight of the beach (Section 126-1000 at https://library.municode.com/fl/sanibel/codes/code_of_ordinances?nodeId=SPBLADECO_CH126ZO_ARTXIVSUDIRE_DIV4OULI_S126-1000BELIMATUPREWINARLISO). Tinted glass means any glass treated to achieve an industry-approved, inside-to-outside light transmittance value of 45 percent or less.

Sand placement

– Both city and state permits are required to fill in holes, gullies, scours and/or erosion that occurred as a result of the ebbing storm surge.

— State permit: CCCL Emergency Permit (https://floridadep.gov/sites/default/files/DEP%20Form%2073-303_EmergencyPermitApp_Enabled_0_0.pdf). Contact Kelly Cramer at [email protected].

— City permit: Emergency Erosion Control Permit (https://sanibelfl-energovweb.tylerhost.net/apps/SelfService#/home)

– Beach compatible sand must be obtained from a FDEP approved mining source (https://floridadep.gov/sites/default/files/Post-Storm_Emergency_Sand_Specifications_22.pdf).

– Sanibel's beaches are utilized by myriad protected wildlife such as shorebirds and sea turtles; their nesting seasons respectively run from Feb. 15 through Sept. 1 and May 1 through Oct. 31 annually. Beach work proposed during these dates will be subject to additional permit conditions.

– To view information about the Florida DEP's Florida Hurricane Restoration Reimbursement Grant Program for property owners to address beach erosion, visit https://floridadep.gov/hurricane.

Dune restoration

– Section 122-170 (https://library.municode.com/fl/sanibel/codes/code_of_ordinances?nodeId=SPBLADECO_CH122VE_ARTIIIST_DIV3GEST_S122-170ARSE1974COCOCOLIGUBEZO) states that "Only native vegetation shall be planted seaward of the 1974 CCCL."

– While planting of native species in the Gulf Beach does not require a vegetation permit, it is highly recommended that a revegetation plan be submitted to the Natural Resources Department for review to ensure appropriate beach dune species have been selected.

– Heavy equipment is prohibited Gulfward of the CCCL unless otherwise permitted by the city.

For more information or questions, contact the Natural Resources Department at [email protected] or 239-472-3700.

PUBLIC WORKS DEPARTMENT

Restoring the right-of-way

A right-of-way includes both the paved areas of streets, as well as swale and drainage areas (typically sodded) along the edges of the road. Utilities are also located within the right-of-way (water, sewer, and electricity). Maintaining the right-of-way is important for the city to be able to provide and restore these services to residents.

– Public rights-of-way must be a sodded swale. No vegetation planting other than sod is allowed in the right-of-way.

– Placement of fill in the right-of-way is not allowed without a right-of-way modification permit from Public Works. Swale elevations will be set by city staff and must follow the Typical Swale Section exhibit. Deviations from the typical swale must be approved by Public Works through the right-of-way permitting process.

– Driveway/culvert modification in the right-of-way will require a Public Works Driveway permit.

– Ground covers, other than sod, are not allowed in the right-of-way. No mulch or gravel is allowed.

– No obstructions are allowed in the right-of-way, including irrigation, decorative rocks, or fencing.

Maintaining on-site stormwater retention

All properties are required to contain stormwater runoff on-site consistent with stormwater standards (https://library.municode.com/fl/sanibel/codes/code_of_ordinances?nodeId=SPBLADECO_CH118UT_ARTIVSTSTCO). Affecting this on-site drainage, either through placement of fill or regrading of a property, requires review by the city.

– Any alterations in grade will require an engineered drainage plan and drainage certification letter from engineer after completion.

– Restoration work to restore grades based on an existing approved drainage plan, a drainage certification letter from the engineer will be required after completion. Approved drainage plan must be included in permit application.

– Addition of fill (other than to restore a property to an existing approved drainage plan) requires approval of a development permit. The placement of fill on a property that alters the existing drainage pattern, ground contours, or grade elevations of the real property or the bottom elevation of an open body or water, constitutes development (Section 78-9 at https://library.municode.com/fl/sanibel/codes/code_of_ordinances?nodeId=SPBLADECO_CH78GEPR_S78-9ACCODE) and a development permit is required.

– Detailed standards for stormwater control can be found in Chapter 118, Article IV of the Land Development Code (https://library.municode.com/fl/sanibel/codes/code_of_ordinances?nodeId=SPBLADECO_CH118UT_ARTIVSTSTCO).

Sanitary sewer

The city is the provider of wastewater (sewer) for residents.

– If you are demolishing your existing house, be aware that the sewer connection must be disconnected and capped off, and you or your contractor must request an inspection from Public Works to verify that the disconnection point was appropriately sealed off.

– All nonresidential properties are required to submit a wastewater availability agreement to verify if there is any expansion or change of use. Fees will be required for additional Equivalent Residential Credits (ERC) not included in previously approved uses of the property.

– Standards for wastewater disposal can be found in Chapter 118, Article III of the Land Development Code (https://library.municode.com/fl/sanibel/codes/code_of_ordinances?nodeId=SPBLADECO_CH118UT_ARTIIIWADI).

For more information or questions, contact the Public Works Department at [email protected] or 239-472-6397.

PLANNING DEPARTMENT

Did you know that Sanibel has outdoor lighting standards for fixtures and bulbs to protect native wildlife (sea turtles) and the small-town character of our island community? Before making outdoor lighting purchases, consider the following:

– Full cutoff fixtures are required (unless the fixture is recessed under a porch or roof overhang). Full cutoff fixtures for landscaping and pathway lighting (under 3 feet tall) are recommended, but not required.

– Fixtures must be downward facing.

– Motion detected security lighting (using a full cutoff fixture) is encouraged.

– Mercury vapor lighting is not allowed.

Permits for outdoor lighting

– A permit is required for outdoor lighting on properties or structures located in the Bay Beach, Gulf Beach, and Gulf Beach Ridge zones and must comply with marine turtle lighting standards. Know your zone by visiting the city's Future Land Use Map Series at https://sanibel.maps.arcgis.com/apps/webappviewer/index.html?id=3da5033bdad449bfa348961f97080358.

– A permit is also required for pole-mounted fixtures greater than 10 feet tall.

– Apply for a permit using Sanibel Online at https://sanibelfl-energovweb.tylerhost.net/apps/SelfService#/home and select the "Accessory" permit type.

– To review the outdoor lighting standards in the LDC, visit https://library.municode.com/fl/sanibel/codes/code_of_ordinances?nodeId=SPBLADECO_CH126ZO_ARTXIVSUDIRE_DIV4OULI.

For more information or questions, contact the Planning Department at [email protected] or 239-472-4136.

BUILDING DEPARTMENT

What is the 50% Rule for structures?

It only applies if the structure (pre-storm) was below the flood elevation required by FEMA and the Florida Building Code.

– Basic Rule: If the cost of improvements or the cost to repair the damage exceeds 50% of the market or true value of the building, it must be brought up to current floodplain management standards.

– Market or true value of the building: Market or true value is determined by one of the following:

— Building value as listed in the "Tax Roll Value Letter" downloaded from the Lee County Property Appraiser web site.

— State of Florida licensed appraiser submitted appraisal for permitting purposes stating the depreciated actual cash value of the structure.

Permitting

Damaged structures must have their repairs permitted to verify compliance with the 50% Rule (for below flood structures) and the Florida Building Code.

– Permits for repairs to single-family, multi-family and commercial structures shall be performed using emergency permit procedures. Emergency building alteration permit or separate emergency trade permits for roofing, mechanical, electrical, and plumbing are available. Permits shall be submitted using the emergency permit forms found on the Building Department webpage and then submitted through the online portal electronically.

– Emergency permits will receive a 25% reduction in fees for six months ending on Aug. 7.

– Permit submission must include sketches or plans for repair work, scope of work, market value, Florida product approval for roofs/windows/doors/siding, and, for structural repairs, detailed construction drawings prepared and sealed by an approved architect or engineer as required by Code. The FEMA form for cost estimate of the work is required to determine compliance with the 50% Rule if located in a flood hazard area and the structure is below flood.

– FEMA flood zone maps changed on Nov. 17. Any structure that is believed to be above the new base flood elevation must submit a new updated elevation certificate to verify the structure is above flood and not required to comply with the 50% Rule.

– Single-family homeowners may perform their own repairs as an owner-builder per Florida Statutes Section 489.103. Owner-builder form must be submitted with the permit application. For the form, visit https://www.mysanibel.com/content/download/30812/file/Owner%20Builder%20Disclosure%20Statement%20NEW%202021.pdf.

– Anyone hired to do repairs for the homeowner must be a properly licensed contractor. The homeowner should visit the Florida Department of Business & Professional Regulation website (https://www.myfloridalicense.com/wl11.asp?mode=0&SID=) to check the contractor database to verify they have an active license. Do not make final payment to any contractor until you receive a certificate of compliance signed by the Building Official.

– Obtaining a permit for repairs will help prevent post-storm scams and price-gouging. Sanibel permitting process can help ensure that contractors are licensed and performing repairs in compliance with Code. Performing repairs without a permit is against state law and will reduce the value of your home or business.

– Multi-family condominium repair permitting: Common area elements must be repaired first ensuring that the building and property is safe to occupy. The city must verify that the total repairs (common area plus unit repairs) remain under 50% of the building value for structures that are below the base flood elevation in compliance with FEMA regulations. Individual unit owners can have their repairs included in the common area permit if allowed by the association. Once the common area work is completed to a point when it is safe, the association and contractor will issue an approval letter that allows the city to issue individual unit repair permits (using a licensed contractor of their choice). For additional multi-family condominium permitting information, contact the Building Director at [email protected].

FLORIDA BUILDING CODE REQUIREMENTS FOR POOL BARRIERS

Damaged pool screen enclosures and barrier fences must be repaired or replaced to protect the public. The Florida Building Code requires temporary or new pool barrier fencing to be in compliance with the following, except for a swimming pool that has an approved safety pool cover complying with ASTM F1346:

– The top of the barrier shall be at least 48 inches (1219 mm) above grade measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be 2 inches (51 mm) measured on the side of the barrier which faces away from the swimming pool. Where the top of the pool structure is above grade the barrier may be at ground level or mounted on top of the pool structure. Where the barrier is mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be 4 inches.

– The barrier may not have any gaps, openings, indentations, protrusions, or structural components that could allow a young child to crawl under, squeeze through, or climb over the barrier as herein described below. One end of a removable child barrier shall not be removable without the aid of tools. Openings in any barrier shall not allow passage of a 4-inch diameter sphere.

– Solid barriers which do not have openings shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints.

– Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches, the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed 1-3/4 inches in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1-3/4 inches (44 mm) in width.

– Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches or more, spacing between vertical members shall not exceed 4 inches. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 13/4 inches (44 mm) in width.

– Maximum mesh size for chain link fences shall be a 2-1/4 inch square unless the fence is provided with slats fastened at the top or bottom which reduce the openings to no more than 1-3/4 inches. Where the barrier is composed of diagonal members, the maximum opening formed by the diagonal members shall be no more than 1-3/4 inches.

– Access gates, when provided, shall be self-closing and shall be equipped with a self-latching locking device located on the pool side of the gate. Where the device release is located no less than 54 inches (1372 mm) from the bottom of the gate, the device release mechanism may be located on either side of the gate and so placed that it cannot be reached by a young child over the top or through any opening or gap from the outside. Gates that provide access to the swimming pool must open outward away from the pool. The gates and barrier shall have no opening greater than 1/2 inch (12.7 mm) within 18 inches (457 mm) of the release mechanism.

– A mesh safety barrier 48 inches high meeting the following minimum requirements shall be considered a pool barrier:

— Individual component vertical support posts shall be capable of resisting a minimum of 52 pounds of horizontal force prior to breakage when measured at a 36-inch height above grade. Vertical posts of the child safety barrier shall extend a minimum of 3 inches below deck level and shall be spaced no greater than 36 inches apart.

— The mesh utilized in the barrier shall have a minimum tensile strength according to ASTM D5034 of 100 pounds per foot, and a minimum ball burst strength according to ASTM D3787 of 150 pounds per foot. The mesh shall not be capable of deformation such that a 1/4-inch round object could not pass through the mesh. The mesh shall receive a descriptive performance rating of no less than "trace discoloration" or "slight discoloration" when tested according to ASTM G53, Weatherability, 1,200 hours.

— When using a molding strip to attach the mesh to the vertical posts, this strip shall contain, at a minimum, #8 by 1/2-inch screws with a minimum of two screws at the top and two at the bottom with the remaining screws spaced a maximum of 6 inches apart on center.

— Patio deck sleeves (vertical post receptacles) placed inside the patio surface shall be of a nonconductive material.

— A latching device shall attach each barrier section at a height no lower than 45 inches above grade. Common latching devices that include, but are not limited to, devices that provide the security equal to or greater than that of a hook-and-eye-type latch incorporating a spring actuated retaining lever (commonly referred to as a safety gate hook).

— The bottom of the mesh safety barrier shall not be more than 1 inch (25 mm) above the deck or installed surface (grade).

For more information or questions, contact the Building Department at [email protected] or 239-472-4555.

…..

CITY DEPARTMENT CONTACTS

– For questions about replanting and beach restoration, contact the Natural Resources Department at [email protected] or 239-472-3700.

– For questions about roads, road rights-of-way, drainage, or sanitary sewer, contact the Public Works Department at [email protected] or 239-472-6397.

– For questions about outdoor lighting or other development standards, contact the Planning Department at [email protected] or 239-472-4136.

– For questions on the 50% Rule or building permit requirements, contact the Building Department at [email protected] or 239-472-4555.

Source: City of Sanibel