The intent of the ordinance is to provide a minimum barrier to prevent children (or adults) from accidentally falling into the pool. Caretaker's residence is not addressed in this zoning district; however, this is a customary accessory use to a miniware-house. SUBDIVISION II MINING SECTION 34-1679 Renewal of permitQuestion: (I-XVIII)The way Section 34-1679(c) is worded, permits can be modified merely by making application to the Director. If a number of these lots are subsequently recombined (under today's regulations), as an example three lots into two, would these recombined lots be required to meet the minimum requirements of the Zoning Ordinance and, if not, would variances be required? Answer:No. Answer:Yes. However, models and model unit display centers (Sections 34-1951 - 34-1955) only permits display or model units which would be permitted within the particular zoning district. Answer:No. This shall not be interpreted to mean bona fide agriculture uses cannot use barbed wire or electrically charged fences to control livestock when located in districts permitting the raising, keeping, or breeding of livestock.". If the use meets the definition of Marina and can prove that it had an occupational license for a marina, and was collecting rents from uses, OR was part of a residential development project wherein individual boat slips are owned by residents of the development, then it may be expanded in accordance with all applicable Federal, State and County regulations. of 12-2-2002, 70-2) Subsection 34-2194(c)(2) indicates that Docks, Seawalls, other Watercraft Landing Facilities are subject to Section 34-1863 which states: 34-1863 Construction and maintenance of docks, seawalls, and other structures designed for use on or adjacent to waterways. Answer:Section 34-1204(1) states "no use of land shall be closer than 1,000 feet measured on a straight line from the closest wall of any building containing a similar use." Answer:Sprayirrigation disposal would be an Essential Service Facility Group II unless it is located on the same premises as the sewage disposal plant or package plant. Answer:No, the Division of Alcoholic Beverages and Tobacco require a restaurant and/or bar or lounge, which contains this type of facility, to have two licenses. Answer:No. Lee County GIS. While the ordinance does not address parking of commercial vehicles in residential districts, Section 34-2019 prohibits the repair, dismantling or servicing of commercial vehicles or equipment in offstreet residential parking areas. For example, if the required space is 9 x 18, the block as 2 feet back from one end and sixteen feet back from the "entering" end. Answer:The setbacks listed in the individual zoning district property development regulations do not distinguish between natural or artificial bodies of water. Residential Development Also, Section 34-1955(c) allows for sales to be conducted in a main sales office located on or off the premises. Answer:Section 34-2011(b) addresses existing developments. Tallahassee, FL 32399-1710. Fire Department. As such they need to be reviewed on a casebycase basis as planned developments. The definition of "on the same premises" would not apply, since the properties are not abutting and therefore must be treated as separate and distinct parcels. Answer:There is no depth requirement. Answer:The ordinance does not restrict use of valet parking either by land use or by zoning district. Lawn and Garden Supply Stores means establishments primarily engaged in selling trees, shrubs, other plants, seeds, bulbs, mulches, soil conditions, fertilizers, pesticides, garden tools, and other garden supplies to the general public. Find Us On Social Media: The definition of "Family" may apply if there are more than four (4) unrelated individuals residing together. from the principal building. Answer:No, provided that the "Day Care Center" is sponsored by a church/synagogue within its own structure(s). This situation would likely occur only for lots which are created by deed between January 28, 1983, and December 21, 1984. 850-245-4240. New Places of Worship require Special Exception. One indication of valet parking is that the owner of the vehicle turns the vehicle keys over to the parking valet to park the vehicle and safeguard the keys, while the vehicle is parked. Also, could such signage be regulated by the Director through the issuance of a special permit, or would it be prohibited by the Sign Ordinance which has no specific provision for such events? Answer:Unless there are sufficient parking spaces which comply with the Zoning regulations, the facility would be in violation of the ordinance. Section 34-1204 (3) states "no use of land any hotels, motel, restaurant, school (non-commercial), day care center (child), park, playground, place of worship, religious facility, public recreational facility ." Section 34-1204(1) specified: "from the closest wall." Question 2:What Uses may use valet parking? Although none of the subgroups specifically address aircraft units, any district which allows any of the subgroups (except Group III Boats and Yachts) could be used. as long as: The pile is less than 8 feet in diameter; You meet the required setbacks; and Although this is not always absolutely true, the overall acreage will comply with the Lee Plan intent. These lots were recently zoned from AG to IL but the Board denied requested variances. Answer:Section 34-2 defines two terms which have a bearing on this question: Plant Nursery means any lot, structure or premises used as an enterprise for the purpose of growing or keeping of plants for sale or resale. City Home. Section 34-2015(1) Location and Design Generally requires that "except for parking lots zoned CP or as provided in section 34-2018, all required parking lots shall be provided on the same premises and within the same or similar type zoning district as the use which they serve.". 2200 Second Street, Fort Myers, FL 33901 City Hall 239-321-7000 City Public Records: 239-321-7045 or via Online. Other federal, state or local regulations: If above regulations exist which would prohibit reconstruction or limit reconstruction, these provisions would have to be reviewed. Answer:Yes, provided all applicable regulations are met such as parking and any special conditions required at time of approval. Useful Links Consequently, manufactured homes may be displayed in any district permitting "Dwelling Unit, Conventional Single Family Residence", provided that models are permissible. The intent of the setback requirements is in addressing unprotected banks. If the primary use of the establishment is the commercial operation of "Bingo" games or other similar type activities in which large groups of people gather for indoor recreational activities then it would be classified 34-622(c)(38) Recreation Facilities, Commercial Group IV Indoor Facilities. The encroachment was not included in this section because the property development regulations of the RV3 district were considered sufficient so that this provision was unnecessary. Therefore, any pool constructed prior to the effective date of the 1978 Ordinance (February 4, 1978) would be considered a non-conforming use and would not be subject to the 1978 or 1986 fencing requirements. Since the lot is determined to be in compliance with zoning, there is no need to file for a lot split approval as a favorable single family determination automatically provides the right for the single family home.Question #2: (XXII) If so, does the ordinance permit me to park and service the trucks? Unless there is a building code or fire regulation to the contrary, a pool, tennis court or other recreational facility may be located as close to the other buildings as desired by the applicant, as long as the buildings are under the same ownership and on the same premises.Question 2: (I-XVIII)When a fence is used in lieu of an enclosure around a pool, is the setback measured to the pool deck or to the edge of the pool water? To allow construction of higher fences from the minimum street setback back to the rear lot line for privacy. Whether or not a powerline easement can be counted depends on a number of variables concerning the legal status of the easement. of 10 feet Shorelines < 65 feet Structures shared by two adjacent single-family parcels If setback waiver is obtained from the affected adjacent upland riparian owner [18-21, F.A.C.] Salt destruction or termites fall under the classification of normal war and tear. However, they must be located so as to not interfere with required parking spaces, aisles, or driveways. It was the intent of the BOCC to allow the replacement of the units without interfering with existing attachments. Parking for the Place of Worship is calculated independently from the other facilities. Answer:No. Answer:Yes. Call us today at (239) 878-2579for more information! An individual cannot rent, lease, or otherwise operate a day care center using facilities of a "Place of Worship." No. Because of the wording of the section, i.e., "barbed wire, spire tips, sharp objects or" the intent was and remains to prohibit these dangerous types of fences except where specifically stated to the contrary. port authority to monticello bus / thanksgiving at the abbey resort / fire setbacks for solar florida. ARTICLE VII DIVISION 36 STORAGE FACILITIES AND OUTDOOR DISPLAY OF MERCHANDISE SECTION 34-3005 Storage facilitiesQuestion: (I-XVIII)Section 34-3005(B) "Storage, Open" requires outofdoor storage areas to be "shielded behind a continuous visual screening at least eight (8) feet in height when visible from a residential use or residential zoning district, and six (6) feet in height when visible from any street rightofway or street easement.". A commercial stable (defined) would normally be a principal use, (defined) in which case any residence would be considered a caretaker's residence and require a Special Exception. Satellite earth stations must meet the minimum setback requirements for the zoning district in which proposed, as well as those setback requirements in section 34-2191, et seq. Compulsory School Attendance would be classified as a "School, NonCommercial." Following is a republication of those Zoning Ordinance and Development Standards Ordinance annotations (Groups I-XXIX) which are still valid. If the land is strictly an easement for powerline purposes with all of the development rights remaining with the developer (owner) without approval of the power company required, then it could be counted. Question 2: (I-XVIII)Section 34-3241(b)(2) allows reconstruction of nonconforming structures damaged by fire or other natural forces. Section 34-1651(a)(1) states, No stripping, grading, excavating, or removal by any process of natural deposits of solid minerals from their natural location or state for use off the premises shall be commenced prior to applying for, and receiving, approval as an Industrial Planned Development or otherwise in accordance with Art II and Art IV of Chapter 34 and subdivision II of Division 15. . ARTICLE VII DIVISION 24 MODEL HOMES, UNITS AND DISPLAY CENTERS SECTION 34-1954 Model homes and model unitsQuestion: (I-XVIII)Section 34-1954(B)(2) requires all model homes be connected to water, sewer and electricity. The roman numeral following a question refers to the particular annotations group in which the question was originally addressed. Environmental Engineering 239-274-2200 LeeCHDEEFeedback@flhealth.gov Fax. How would I75 be classified? Answer:The key word here is public entrance or exit. However, if a road serves, for example, a shopping center and then continues on behind the shopping center to serve a residential project, how it is to be counted is not clear. The reason for requiring the special exception is so that the county can be assured that the parking spaces will be available in the future, and to assure that they are not "double counted" in the event the shopping center expands. SECTION 34-2020 Required spacesQuestion 1: (I-XVIII)Both Sections 34-2020(2)j. and 34-2020(3)c. list Contractors and Builders. ", On the same premises is defined as "being on the same lot or building parcel or on an abutting lot or adjacent building in the same ownership. 68.305. Therefore the minimum setback applies to either.Question 2: (I-XVIII)Section 34-2194(c) specifically references required setbacks from "seawalled" bodies of water. Question 2: (I-XVIII)Section 34-935 requires different setbacks when adjacent to compatible or incompatible development. Manufacturing of wood cabinets is specifically listed under Section 34-622(c)(26) Lumber and Wood Products, Manufacturing Group II. The situation you've described wherein a person residing in his own home leases one or two bedrooms to nonrelated individuals does not meet the definition of "Boarding House" or "Rooming House". A special exception is required. Since the dictionary defines "carpentry" as "the art of shaping and assembling structural woodwork," and fabricating as "to construct or manufacturer," does this mean that cabinet making is a permitted use? We specialize in installing and repairing vinyl, aluminum, wood, and chain-link fences. Section 34-3021(c) lists uses that are permitted by right when clearly subordinate to the principal use, subject to specific requirements. Answer:This question is too broad for a simple answer. ", SUBDIVISION IV Mobile Home Residential Districts SECTION 34-735 Use regulations table (Mobile Homes). A private stable (defined) is clearly an accessory use for the occupants of the premises and cannot be built prior to the principal residence. These buildings would be permitted in the IG district subject to special setbacks or in the CPD, MPD and IPD districts. Prefabricated metal buildings are listed in Section 34-622(c)(14) Fabricated Metal Products/Manufacturing Group III. SECTION 34-1492 Definitions (3)Question: (I-XVIII)Section 34-1492(3) requires prorating the amount of street area that can be used to compute residential density when the street serves commercial or industrial uses as well as residential use. Putnam St. Johns St.Lucie Santa Rosa - You can apply for An exemption as long It's not greater than 600 square feet. Florida DEO . Answer:Section 34-1171 "Applicability of Division" sets forth that Sections 34-1171 - 34-1174 do not apply to those accessory uses, buildings, and structures which are incidental and subordinate to the principal use or building and which are specifically regulated elsewhere in this ordinance. Employment. ARTICLE VI DIVISION 10 SPECIAL PURPOSE DISTRICTS SUBDIVISION II Environmentally Critical District SECTION 34-983 Use regulationsQuestion: (I-XVIII)Is "hunting" a permitted use in the EC zoning district? The Board of County Commissioners may allow deviations. Therefore, if the treatment plant is designed, used, or intended to serve several developments, OR if not on the same premises (see definition for "Premises, on the Same") as the project it is serving, it would require a special exception. The approved fencing or wall which runs perpendicular to the seawall extends to the outer (water side) edge of the seawall; and. Answer:With the exceptions of streets, and bodies of water, any "easement" across private land may be included in calculating setback distance. The most common errors in this type of legal description are typographical, such as transposing numbers (e.g. Therefore, if a Place of Worship is running the activity, it would be permitted within their own facilities. Setbacks SECTION 34-2192 Street setbacksQuestion 1: (I-XVIII)Subsection 34-2192(a) contains a table of setbacks from various street classifications. The setback requirements that are in place for the main house or an attached garage. Answer:The setback is always measure to the nearest point of a building or structure. The "light fabrication work" is to allow certain trades (such as air conditioning installers) to fabricate special parts or structural pieces required to handle unusual situations on the job. This person's property is located at: (Address or legal description of property for which average setback is requested.) By requesting an average setback, your neighbor will be able to place their residence/structure in a manner consistent with similar structures in the neighborhood. What does BTR mean? In addition, and for purposes of Section 34-2222 only, a lot is considered "created" if it was part of a proposed subdivision or other development which had received formal county approval prior to the effective date (January 28, 1983) of the Development Standards Ordinance and subsequently was formally exempted from the provisions of said Ordinance, in accordance with Section B.1.b. The "round three" amendments removed the inconsistency from the ordinance.Question 2: (I-XVIII)Section 34-1174 states that accessory structures cannot be built in easements where there are such prohibitions; but, are there any setbacks between the easement and the structure or can the structure be built right up to the easement line? The Lee Plan is based on gross acreage. "Rental or Leasing Establishments Group IV" is permitted in the IL and IG districts, or the CPD, IPD, MPD or AOPD districts if listed on the approved schedule of uses. Question #1: (I-XVIII)"Restaurant Standard" is "an establishment whose principal business is the sale of food or beverages to customers in a ready-to-consume state, and ". The Lee County Board of Commissioners enacts this chapter under the exercise of powers conferred upon it by the Georgia State Constitution, Article IX, Section II, Paragraph IV, Planning and Zoning. The ordinance also states that the height shall be measured from the ground level outside of the area so enclosed. The only modificationto the parking regulations is that each individual space would not have to be accessible at all times from a parking aisle (stacking). Section 34-3275 Commercial or industrial useQuestion: (I-XVIII)An applicant owns three small contiguous lots which were platted around 1925. Does that definition apply when used in Section 34-1741 - 34-1750 Fences, Walls, Gates, and Gatehouses? Some manufacturing would be a recognized ancillary function provided the establishment remains primarily a research and development laboratory. (or Chapter 9B1 FAC), subsequently transported to its site complete or in modules and fixed to its own foundation with no intention to relocate. canals are considered as artificial bodies of water. Answer:Compatible or incompatible to what? A "Place of Worship" is permitted "existing only". ", Section 34-1744(b)(3) states, in part, "a fence within twentyfive (25) feet of a body of water shall be of open mesh screening above a height of 3 feet.". would not normally offer valet parking.Question 3:Does the use of Valet Parking reduce the number of parking spaces required or whether or not paving is required? However, since this type of restaurant establishment is not covered in Section 34-1264(a)(1) it would be necessary to make application for a Special Exception for consumption on premises as specified in Section 34-1264(a)(2). Since the RV and MH districts do not permit "Conventional Single Family Units", the sale of same would be prohibited. SECTION 34-874 Property development regulations tableQuestion: (I-XVIII)Section 34-874, Footnote (3), indicates that boat service buildings or structures may be built up to the mean high water line, in the CM, IM, and PORT districts. Question 2: (I-XVIII)Can recreational vehicles be placed in the MHC-1, MHC-2, MH1, MH2, MH3 or MH4 zoning district? Gross density allows calculation of roads used for residential purposes, but does not include lands used for commercial, office, and industrial uses. Answer:Hunting is an unregulated (by this Code) use of land which is not prohibited in the EC District. Question: (I-XVIII)Would the retail sale of used automobile motors fall under "Auto Parts Store" or "Used Merchandise Group III" or both? Answer:Package plants, constructed for an individual project and located on the same premises, were intended to be treated as an accessory use subject to the Land Development Code. Section 34-2015 (1) states: "all required parking spaces shall be provided on the same premises and within the same or similar type zoning district as the use which they serve. The intent is to provide adequate parking for reasonably anticipated peak use. ).Question 3: (I-XVIII)Can a utility easement, especially a powerline easement, be calculated as part of the open space requirement for an RPD rezoning request? Answer:It would be considered as a recreational vehicle park operated by a religious institution. (Ord. Answer:Yes, he is exempt from needing variances. okaloosa county setback requirements. perform an average rear/front setback for your neighbor. All piping, equipment and materials used in the plumbing system of built-in-place swimming pools must conform to the Florida Building Code, Plumbing unless otherwise specified. Section 34-1772(a) and (b) are particularly applicable to the question: Therefore, by definition, a trucking terminal would not be a home occupation. It is not required in the IRC to, and it is not a matter of interpretation or intent of the code, because it is not requied Bob. Answer:Where a lot is split by two or more zoning districts, the property development regulations for the largest proportional district shall prevail. Question: (I-XVIII)What zoning districts will permit "lottery ticket" sales? ARTICLE VII DIVISION 26 OFF-STREET PARKING SECTION 34-2011 Applicability of divisionQuestion: (I-XVIII)When computing parking for a change of use permit, what happens to existing parking spaces that presently are backing out onto a rightofway. A church would like to provide RV facilities on their property for use of the church members. In effect, the Board's decision is that no deviation from the Impact Fee Ordinance can be allowed and staff should not even permit the processing of deviation request for relief from the Impact Fee Ordinance. This term is listed as by right or by Special Exception in the district use regulations. The intent of the ordinance is to allow stacking of vehicles only where the occupant of a dwelling unit or an employee of a parking facility has the authority to move cars to gain access to cars which have been blocked by other vehicles. SECTION 34-616 Rules for interpretation of district boundariesQuestion:How would the development regulations apply, in instances where a lot is split by two or more zoning districts? additional parking shall be provided.". Lee County Florida Fence Setback Requirements. Boats are defined in part as any vessel, watercraft, or other artificial contrivance used, or which is capable of being used, as a means of transportation, on waters of Lee County, Florida, including: 4. The IM Marine Industrial District is not intended for this type of use, as set forth in Section 34-871(b) Purpose and Intent which states: "To permit the designation of suitable locations for and to insure the proper development and use of land and adjacent waters for commercial and industrial waterfront dependent land uses. Residential Permit Application Requirements Residential Permit Application Requirements Single Family/Duplex COMPLETED APPLICATION - Get the application . Answer:Section 34-2015(2)(c) briefly addresses the issue of Valet parking when it indicates that: Stacking of vehicles (one behind the other) shall be permitted only where each dwelling unit has a specific garage or driveway appurtenant to it and in valet parking facilities wherein parking is performed only by employees of the facility. Answer:Yes, [if part of a Final Development Order.] Mixing of public parking and valet parking could create chaos if the public were to block another vehicle. Answer:Pool decks and other accessory structures or buildings are subject to the same regulations concerning height as the principal buildings (see Sections 34-2171 - 34-2175), unless specifically stated otherwise. these buildings must conform to the current county code, meet setback requirements, be separated by eight feet from any other building on the property, and meet environmental requirements. Does this Section apply to swimming pools which predated said effective date. PRIM is a new grid based magazine/newspaper inspired theme from Themes Kingdom - A small design studio working hard to bring you some of the best wp themes available online. This group includes the most potentially obnoxious industrial uses. 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