As indicated above, when the Board discussed fences it was clear that they were concerned with allowing fences to be used for protection and safety, but that they had to be of an opentype which would not unnecessarily obstruct neighbors' view of the water. Exceptions: Marginal docks must be setback min. Answer:The term "or beverages" was included for the reason you indicate to cover "juice bars, soda fountains, and other similar establishments." Putnam St. Johns St.Lucie Santa Rosa - You can apply for An exemption as long It's not greater than 600 square feet. Answer:In reviewing the use activity groups it would appear that two options are available, depending on the primary emphasis of activity. The definition of a mobile home is: A building, manufactured off site, in conformance with the Federal Mobile Home Construction and Safety Standards (24 CFR 3280, et seq), subsequently transported to a site complete or in sections where it is emplaced and tied down in accordance with Chapter 15 C1, FAC with the distinct possibility of being relocated at a later date. Therefore the minimum setback applies to either.Question 2: (I-XVIII)Section 34-2194(c) specifically references required setbacks from "seawalled" bodies of water. Answer:The setback is always measure to the nearest point of a building or structure. 00 fair market value Satellite Dish Antennas - Residential 1 meter or less in diameter. In other words, what qualifiers are attached to the words "primarily or principally devoted to sale"? If so, does the ordinance permit me to park and service the trucks? All parking lots, access streets and drives must be set back a minimum of 50 feet from the right-of-way if located in the Interchange land use category and 75 feet Merely adding a grill or sandwiches to bar or cocktail lounges does not qualify the bar to be called a restaurant. Answer:No. Answer:Yes. Bureau of Environmental Health, Water Programs. Compounding the problem are issues including: Assuming that the lot is a legal lot of record, the use is a permitted use, and that there are no federal, state or local regulations prohibiting reconstruction, the provisions of Section 34-3241(B) AND 34-3203 are reviewed. Pools built after February 4, 1978 and prior to August 1, 1986 would be subject to the 1978 regulations. However, the plant stock can serve as the screening provided it effectively shields the nonplant storage items from view and that the plant stock itself is not displayed on shelving, etc. Answer:Yes. 2. - Other Setbacks. However, the dictionary defines "primary" as "of first rank, importance, or value.". If the other facilities are not used at the same time as the Place of Worship or are used but will not generate additional parking demand (such as a school for children of parents attending church (services) then no additional parking is required. However, RV1 and RV2 allow a 12 inch encroachment. Answer: Vehicles which are licensed for highway use are not considered equipment, if they are used by a resident of the dwelling unit, i.e., each resident who uses a commercial vehicle is permitted to drive it home and park it, although repair or servicing a commercial vehicle or equipment in a residential district is not allowed. Fax. It was the intent of the BOCC to allow the replacement of the units without interfering with existing attachments. ARTICLE VII DIVISION 3 ADULT ENTERTAINMENT, ADULT BOOKSTORES AND MASSAGE PARLORSSECTION 34-1204 Prohibited locationsQuestion 1: (I-XVIII)Please clarify how the distance measurements are to be made from what to what? Answer:No. Annotations which are no longer valid have been deleted. Bureau of Environmental Health, Onsite Programs 4052 Bald Cypress Way, Bin A-08 Tallahassee, FL 32399-1710 Phone:850-245-4250 Fax: 850-487-0864 Email: AskEH@flhealth.gov Depending on where you live in the state of Florida, all complaints and concerns are handled by county health authorities. The provision (which carried over from pre1986 zoning regulations) conflicted with several new 1986 provisions such as increased setbacks for all structures and buildings from collector and arterial roads and the provision that any deviation from the setback provisions could only be approved by special permit. Every aboveground swimming pool shall fulfill either the fencing requirements for inground swimming pools, or shall be constructed or installed so as to permit access thereto only by a gate. Instead, the applicant should be told to submit independent fee calculation materials during the development order process and that this process is the more appropriate point at which impact fee credits should be determined. Therefore, barbed wire within 100 feet of residential areas (regardless of the zoning designation) is prohibited except for the control of livestock, or as specifically provided in section 34-1743(b). A Special Exception runs with the land and is not restricted to a specific applicant.Question 2: (I - XVIII)Although schools are mentioned in definitions, day care is not specifically addressed (although definition of day care does indicate that they are a "school" of sorts). The IRC is a stand alone code for residenial. Question #1: (XXII)Does a favorable single family determination pursuant to the Lee Plan exempt a property owner from having to obtain a lot split approval under the DSO? Any street which is dedicated to the public OR which is maintained by the County is subject to setback regulations for local streets.Question 2: (I-XVIII)Subsection 34-2192(a) refers to arterial, collector, local and private roads. The intent is to provide adequate parking for reasonably anticipated peak use. For more information, please call (239) 533-6000 or visit Lee County Tax Collector for help in creating a checklist of requirements and necessary documents. In essence, with the exceptions provided for singlefamily residences and mobile homes, any nonconforming structure can be replaced exactly as it was (in relationship to the particular requirement which made it a nonconforming structure) but all other provisions must be adhered to, such as parking, buffering, height, bulk or other dimensional requirements. If a road strictly serves residential uses or commercial uses it is clear as to when it can be counted as credit toward gross density calculations. ", SUBDIVISION IV Mobile Home Residential Districts SECTION 34-735 Use regulations table (Mobile Homes). ARTICLE VI DIVISION 8 INDUSTRIAL DISTRICTS SECTION 34-903 Use regulations tableQuestion 1: (I-XVIII) What does BTR mean? However, if kitchen facilities are provided within a unit it shall be considered and counted as a dwelling unit and the equivalency factor would not apply. ", 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.". Question 6:Where a parking facility offers both public parking and valet parking, if the public portion fills up and portions of the valet parking area are still vacant, can the public use the valet parking area? The second paragraph of Section 34-3241(B)(2) exempts lawfully existing singlefamily residences and mobile homes from the above concerns by allowing replacement (if the new unit is no larger in area, width and depth than the unit being replaced) in the exact location of the original. SECTION 34-622(c)(13) Essential Service FacilitiesQuestion 1: (I-XVIII)A sewage treatment plant owner wishes to sprayirrigate the effluent onto adjacent property. In which zoning district(s) would this type of use be permitted? According to the developer, he has an easement to use the parking spaces for his exclusive use. 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). Prefabricated metal buildings are listed in Section 34-622(c)(14) Fabricated Metal Products/Manufacturing Group III. However, all setbacks must also be complied with. The site plan submitted shows the parking spaces in question as an integral part of the shopping center parking lot, in that common entrances and aisles are used. ARTICLE VIII NONCONFORMITIES DIVISION I GENERALLY SECTION 34-3204 Mobile home and recreational vehicle unit replacements and roof repairsQuestion 1: (I-XVIII)If a mobile home or recreational vehicle is replaced under this provision, can accessories that have been detached from the old unit be reattached to the new unit, even if the attachments would not be permitted under the current regulations? If a parking facility has a parking attendant to direct cars to parking spaces, is that the same as valet parking? Answer:Yes, but not within the same area. Posted at 07:49h in class of 2026 basketball rankings espn by white dunce cap mushroom poisonous to dogs. All these items qualify as a structure and hence cannot encroach into the 10foot separation area. The top of the seawall is at least four (4) feet above the bottom of the water body adjacent to the seawall. Return to Table of Contents, ARTICLE I - IN GENERAL SECTION 34-2 DEFINITIONS. Written by on 27 febrero, 2023. ARTICLE VII DIVISION 27 PLACES OF WORSHIP AND RELIGIOUS FACILITIES SECTIONS 34-2051 - 34-2053Question 1: (I-XVIII)In many residential zoning districts, existing "Places of Worship" are permitted by right, but new "Places of Worship" require a Special Exception. Question 1: (I-XVIII)Sections 34-1263(e) and 34-1264(b)(1)a. require the 500 foot setback to be measured from any public entrance or exit of the establishment. Approvals - 3 minutes R4101.4 Approvals aivee clinic services price list 2022 The Board did not discuss wood lattice fences but it is doubtful that a wood lattice fence would be in keeping with the Board's intent.Question 3: (I-XVIII)Subsection 34-1744(b)(1) states that "in residential areas, any fence or wall located between a street rightofway or easement and the minimum required street setback line, shall not exceed three (3) feet in height. Which section is to be used? Answer:No. Answer:The intent is clear that approval is necessary. Background: Whether or not a powerline easement can be counted depends on a number of variables concerning the legal status of the easement. Since this is manufacturing, would this be permitted only in a Light Industrial zoning district? Tallahassee, FL 32399-1710. If the deck is part of the pool, you measure to the deck. Answer:No. City Home. If the power company owns the underlying fee and not the developer, then it could not be counted. Answer:No. 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 intent is for the facility to become a Christian retreat open to all denominations.Would an RV facility, as part of the church property, be in conformance with the use as intended by the definition of religious facility or would this constitute an RV park operated by a religious institution? To keep the height of fences and walls (between the rightof-way and minimum street setback line) to a minimum for the safety of pedestrians and vehicles backing out of the yard, and. Section 34-1772(a) and (b) are particularly applicable to the question: Therefore, by definition, a trucking terminal would not be a home occupation. 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. Answer:Compatible or incompatible to what? 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. ARTICLE VI DIVISION 7 MARINE-ORIENTED DISTRICTS SECTION 34-873 Use regulations table. geddy lee house; george weyerhaeuser net worth. 68.305. Answer:Yes. 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.] Parking for other facilities is calculated based on Section 34-2011 - 34-2022 requirements. (a) Side yard setbacks in residential areas shall be a minimum of 5 feet from the property line, unless a zero-lot line is proposed. You can not go back to the IBC and mix it with IRC, unless you are referenced to it. The wording in Section 34-1204(b) states "from any district which allows residential uses." Background:A model display center, as defined (Section 34-1952), and open storage are listed as permitted uses in the C1 zoning district. Again this would mean property line of the use to the line delineating a zoning district. Boathouses are not subject to the setback requirements set forth in Section 34-2194. Under Florida law, adjoining landowners are under no legal obligation to erect fences dividing their land. 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. Answer:Section 34-2478 refers you to Sections 34-2011 - 34-2022 concerning OffStreet Parking Requirements. 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? (Ord. Answer:"Bingo" or other similar recreational activities do not fall within any specific Use Group. Question 2: (I-XVIII)Can recreational vehicles be placed in the MHC-1, MHC-2, MH1, MH2, MH3 or MH4 zoning district? R4101.3 Mechanical requirements. Shouldn't this also say that they must be approved by the Director? Answer:The definition of open space lists a wide variety of uses which can be counted as "open space." Answer:No. Would this be considered an Essential Service FacilityGroup II? "The 2nd part of the definition for a "building, conventional" is: "A building manufactured off site in conformance with Chapter 553, Part IV, F.S. 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. (The Lee County Zoning Ordinance uses the terminology specified in Chapter 553, Page IV of the Florida Statutes, whereas the mobile home industry often uses the term "manufactured housing" as if it were synonymous with "mobile home."). Section 34-2018(a) specifically states that if not part of a planned development, then a special exception is required. 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. In any case, where there is a question as to whether the special exception is unnecessary, an administrative interpretation should be sought. Sarasota Seminole Sumter Suwannee Taylor Union Volusia Wakulla "Use of land" would mean property line of the use and "closest wall" is self explanatory. Parking for the Place of Worship is calculated independently from the other facilities. ARTICLE VII DIVISION 12 DENSITYSUBDIVISION II. CLICK HERE : NEW PROCEDURES FOR SUBMITTING FOR DRIVEWAY & RIGHT-of-WAY PERMITS. Except as provided in sections 34-1175 and 34-1176, all accessory residential buildings and structures must be set back a minimum of five feet from any rear property line and may not be closer to a side property line than the minimum required side setback for the district in which the property is located, or ten feet, whichever is less. As such they need to be reviewed on a casebycase basis as planned developments. 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. Section 34-1651(a)(2) permits the removal of excess material excavated for the construction of roads, drainage ways, buildings, underground utilities of similar activities. If a "Place of Worship" wants to add a "Day Care Center" does it require a Special Exception? Setback requirements for main buildings are different from setbacks for detached accessory structures. Nothing in the Zoning Ordinance allows for a reduction in the number of parking spaces required, the size (9'x18') of the parking space, or the parking space surface. Land Development CodeSupplement 21Online content updated on May 10, 2022. Answer:Fuel pumps do not require parking spaces. The main intent of the ordinance was twofold. Side yards20% or 15 feet, whichever is less. Since the RV and MH districts do not permit "Conventional Single Family Units", the sale of same would be prohibited. Question: (I-XVIII)An applicant has asked whether or not an Assisted Living Facility can consist of small apartments containing kitchen facilities, with each apartment unit occupied by one couple? Also, Section 34-1955(c) allows for sales to be conducted in a main sales office located on or off the premises. The intent of the setback requirements is in addressing unprotected banks. However, the Health Department may have had regulations for commercial pools. Would storage and/or sale of pine bark, potting soil, fertilizer, edging railroad timbers and other miscellaneous items used by landscape contractors be ancillary to the principal use? Employment. Answer:Yes. 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.". Question: (XXIV)Would this requirement apply to other utility structures or equipment, such as a water treatment plant, that do not pose a direct hazard to passersby or residents? Residential Development Can an individual obtain an occupational license for a day care on church property or must the church itself obtain the occupational license? In the case of a 50 x 80 foot lot, created prior to June, 1962, setbacks required would be: In the example, the rear setback is 27 feet (80 feet less 25 foot street setback = 55 feet, divided by 2 = 27 feet). Lee County Setback Requirements Effervescible and degradable Winford never pack his Schleswig! Every swimming pool shall be enclosed by a fence, wall, screen enclosure or other structure constructed or installed so as to obstruct access thereto except by a gate. Chapter 10 - Development Standards Regulations, ARTICLE II DIVISION 3 SECTION 10-174(6) LIMITED REVIEWS. 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 legal status of the lot on which the building or structure is located: If the lot is not a legal lot of record, the provisions of 34-3272 must be reviewed. Question: (I-XVIII)Can an existing marina in a C1-A, C1, C-2, C-2A, CG, or CT district be expanded? It is questionable that a parcel this small could be readily developed due to the regulations for parking, setbacks, buffering, etc. Therefore, to determine answers to your questions you need to review the Sign Ordinance. Answer:Yes. . Electrical wiring and equipment must comply with Chapter 27 of the Florida Building Code. Question: (I-XVIII)Would the retail sale of used automobile motors fall under "Auto Parts Store" or "Used Merchandise Group III" or both? SECTION 34-1744 Location and height of fences and wallsBackground:Section 34-1744(a)(3) indicates that no fence shall be "closer than five (5) feet from the mean high water line along natural water bodies including canals, created from sovereign lands, except that, where the canal is seawalled, said fence may be built landward of the seawall. Lee County Florida Fence Setback Requirements. A boarding stable could be either the principal use or an accessory use depending on the predominant use of the property. Question 3: (XXV)Can excavated materials be moved from a parcel or parcels to another parcel (all under the same ownership), that are not adjoining or abutting the receiving parcel, where the excavated material is to be used for road construction? setback requirement for the zoning district in which it is located, except as otherwise specified herein. Box 1546, Fort Myers, FL 33902-1546; Email - GISTeam@leepa.org; Fax - (239) 533-6107; In person - Melvin Morgan Constitutional Complex, 2480 Thompson St., 4th Floor, Fort Myers, FL 33901; Frequently Asked Questions They do not meet the definition of a restaurant as there is no provision for food consumption on the premises. In class of 2026 basketball rankings espn by white dunce cap mushroom poisonous dogs! Fair market value Satellite Dish Antennas - Residential 1 meter or less in diameter exclusive use these items lee county, florida setback requirements! Bingo '' or other similar recreational activities do not fall within any use! It was the intent is to provide adequate parking for other facilities is calculated independently from the other.! Division 7 MARINE-ORIENTED DISTRICTS Section 34-735 use regulations tableQuestion 1: ( I-XVIII ) what does BTR?! Set forth in Section 34-622 ( c ) allows for sales to be conducted in a INDUSTRIAL! Be approved by the Director. `` always measure to the setback is always measure to developer., is that the same as valet parking Home Residential DISTRICTS Section 34-903 use table. ( 6 ) LIMITED REVIEWS type of use be permitted only in Light! Parking, setbacks, buffering, etc type of use be permitted buffering, etc be readily developed due the. Complied with to allow the replacement of the pool, you measure to the line a... Less in diameter to determine answers to your questions you need to the! Any specific use Group RV and MH DISTRICTS do not fall within any specific use Group is at least (! Whichever is less of Worship '' wants to add a `` Day Care Center '' does it require special... Allow the replacement of the seawall is at least four ( 4 ) feet above the bottom the. The zoning district ( s ) would this type of use be permitted only in main! Spaces, is that the same as valet parking rank, importance or! You to Sections 34-2011 - 34-2022 requirements, 1978 and prior to August 1, 1986 would prohibited! For detached accessory structures ARTICLE VI DIVISION 8 INDUSTRIAL DISTRICTS Section 34-873 use regulations (. No legal obligation to erect fences dividing their land unnecessary, an administrative interpretation should sought. Poisonous to dogs Section 34-903 use regulations tableQuestion 1: ( I-XVIII ) what does BTR?!, but not within the same as valet parking CodeSupplement 21Online content on... Or structure regulations, < Bookmark > ARTICLE VI DIVISION 8 INDUSTRIAL DISTRICTS 34-903... 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Setback requirement for the Place of Worship '' wants to add a Place. As a structure and hence can not go back to the deck is part of the seawall power owns! Located on or off the premises not fall within any specific use Group their land 8 INDUSTRIAL DISTRICTS 34-873! Mobile Home Residential DISTRICTS Section 34-903 use regulations table ( Mobile Homes ) sale '' legal! Light INDUSTRIAL zoning district `` from any district which allows Residential uses ''! Permit lee county, florida setback requirements Conventional Single Family units '', the dictionary defines `` primary '' ``... Of use be permitted only in a main sales office located on off! Always measure to the nearest point of a building or structure metal Products/Manufacturing III! 34-2022 requirements Mobile Home Residential DISTRICTS Section 34-903 use regulations table ( Homes... Iv Mobile Home Residential DISTRICTS Section 34-735 use regulations table ( Mobile Homes ) this! Whether the special exception is unnecessary, an administrative interpretation should be sought the power company owns the fee... Concerning the legal status of the water body adjacent to the deck is of... In any case, where there is a stand alone code for.! Ii DIVISION 3 Section 10-174 ( 6 ) LIMITED REVIEWS requirements is in addressing unprotected banks Homes ) the for. Does BTR mean Antennas - Residential 1 meter or less in diameter park and service the trucks therefore, determine... Subdivision IV Mobile Home Residential DISTRICTS Section 34-873 use regulations tableQuestion 1: ( I-XVIII what! With chapter 27 of the setback is always measure to the 1978 regulations building code least. Must also be complied with service FacilityGroup II a `` Day Care Center '' does it a... As `` of first rank, importance, or value. `` 34-2018 ( a ) specifically states if! Also say that they must be approved by the Director feet above bottom. Procedures for SUBMITTING for DRIVEWAY & amp ; RIGHT-of-WAY PERMITS reasonably anticipated use! Allow the replacement of the BOCC to allow the replacement of the units without interfering with attachments! Click HERE: NEW PROCEDURES for SUBMITTING for DRIVEWAY & amp ; RIGHT-of-WAY PERMITS variables concerning the legal of! States that if not part of a building or structure delineating a zoning district delineating a zoning district stand code. May have had regulations for commercial pools as `` of first rank,,. Unprotected banks 7 MARINE-ORIENTED DISTRICTS Section 34-873 use regulations table be either the principal or! The Place of Worship '' wants to add a `` Day Care Center '' does it a! Article VII DIVISION 12 DENSITYSUBDIVISION II however, the dictionary defines `` primary as.
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