Working group agrees on outdoor display revisions
Current island retailers should be pleased with results involving proposed changes to a Town of Fort Myers Beach outdoor display zoning code in the downtown zoning district after a workshop in Town Hall last Thursday.
A second draft ordinance that may amend regulations to the established 2003 ordinance regarding beach merchant outdoor displays has been tightened and agreed upon by an informal “working group” that was formed to look into the issue. After voicing displeasure about town codes related to their businesses’ outdoor displays, existing business owners may find a compromise satisfactory to all parties involved.
This is the third time the “working group” has met to discuss potential revisions. Chaired by Councilman Dan Andre, the session involved several attendees: LPA member Jim Steele, LPA member Joanne Sharp, business owner Mitch Krona, business owner John Richard, Beach Chamber President Bud Prancer, Town Community Development Director Walter Flue gel, Town Zoning Coordinator Leslie Delmar and Town Attorney Marilyn Miller.
“We don’t want to put anyone out of business. That’s not our goal here,” said Andre.
Many of the group members commented that this particular code needed to be lightened and made less restrictive on the established businesses.
“My concern is over-regulation,” added Steele.
Miller stated the draft ordinance she helped shape was streamlined and made easier to administer. She referred to a section in the proposed ordinance she wrote about existing nonconforming outdoor display businesses.
It is as follows: Business owners in the Downtown Zoning District that were in existence on or before Jan. 1, 2014 and did are meet the technical requirements for an Outdoor Display Permit shall be permitted to continue in business regardless of whether they previously or currently meet the specific requirements for outdoor display outlined above, subject to the following conditions: 1) the business must demonstrate that it was in existence at its current location on or before Jan. 1, 2014; 2) the business must apply for and be issued and pay for an annual permit; 3) the business must remain at its current location and may only move or relocate to a legally conforming location; 4) the business can only be sold or transferred to another person or entity if the business is brought into compliance with all provisions of this section or is relocated to a conforming location and otherwise meets all requirements for outdoor display; 5) the business cannot increase in area or number of displays and 6) if the business is closed or ceases to do business for a period of nine months or more, the business can only re-open in a conforming location.
“From a code enforcement perspective, this makes our job so much easier,” said Flue gel. “I do like taking the philosophy that a little bit less regulatory and little bit more common sense makes it easier for everyone to understand.”
According to the draft, the purpose of the regulations is “to enhance the pedestrian environment of the town’s business district through creative use of outdoor spaces by providing businesses the opportunity to display a sample of their products and to sell food and beverages in a manner that enhances the public realm.” It further states that it “creates an interesting and comfortable shopping and dining district” and “maintains and improves the town’s sense of place and property values.”
In late October 2013, the group held a second workshop and resolved some issues to inch closer to getting resolution in the matter. Proposed changes were crafted into this second draft ordinance. The issue to establish better clarity with zoning sections in the Town Land Development Code was first discussed by the “working group” in August 2013 and the LPA two months later.
Last season, a code enforcement sweep of outdoor displays was conducted due to reported complaints stemming from proliferation of displays.
“At the same time, a lot of retailers were not coming into apply for an annual outdoor display permit. Instead of going out and doing a selected enforcement that was complaint-driven, we decided just to do a sweep of all outdoor display,” said Flue gel during the second workshop. “It highlighted an issue that the process and the rules were very confusing.”
Most of the draft ordinance will remain intact except for a couple of minor language changes here and there. It also includes language for outdoor dining areas, but there were no objections to that part of the code.
Moving forward, the draft ordinance will now go before LPA for review so that the advisory committee members can make recommendations for Council. That is expected to be in March. Afterwards, Council will introduce it, conduct at least one hearing before adoption consideration, possibly in April.
A copy of the draft ordinance can be obtained by emailing Dulmar at leslee@fortmyersbeach.com .