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Fort Myers Beach LPA backs ordinance to speed certain special-exception reviews

5920790 · September 12, 2025
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Summary

The Local Planning Agency voted unanimously to send to council an ordinance that would allow certain "like-for-like" special exceptions that replace pre-disaster structures to become final after a unanimous LPA vote if no one requests further review within 10 days.

The Fort Myers Beach Local Planning Agency voted unanimously to forward to town council an ordinance to shorten the review process for a narrow category of special exceptions that replace like-for-like structures damaged in a natural disaster.

The ordinance would amend chapter 34 zoning procedures to allow eligible matters—special exceptions that replace pre-disaster, like-for-like structures—to become final agency action when the eligible LPA members vote unanimously and no one, including town staff, files a request for an additional hearing to town council within 10 days.

Nancy (town attorney) told the LPA the change mirrors an existing expedited process for variances and is intended only for a very narrow class of special exceptions. "This ordinance is proposed to expedite some of the reviews of special exceptions in a similar manner," she said. She clarified the change would still require town council approval through the normal ordinance process and that the LPA’s unanimous decision would convert to final agency action if uncontested within 10 days.

LPA members spoke in favor of the streamlined approach as a way to reduce administrative delay. LPA member Jim said the idea is "exactly the direction we ought to be going," thanking staff for proposing the change.

The LPA moved, seconded and approved the recommendation to forward the ordinance to town council. The motion passed unanimously.

What this means: If council adopts the ordinance as proposed, certain routine rebuilding requests (for example, replacing a pre-storm tiki hut with a like-for-like structure) could be resolved more quickly at the LPA level, but the council would still retain the ability to review a decision if someone files for an additional hearing within the 10‑day window.

Next steps: The ordinance will be considered by the Town Council, which must hold the required readings before any change becomes law.