This term is listed as by right or by Special Exception in the district use regulations. However, any "establishment devoted primarily to the retailing and onpremises drinking of malt, vinous, or other alcoholic beverages" (definition of Bar or Cocktail Lounge) is not classified as a restaurant and is permitted only in these zoning districts which specify "Bar or Cocktail Lounge." 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. Similarly, if a membership club, fraternal organization, or some other nonprofit group is running the "Bingo," it would be permitted in whatever district permits the main nonprofit activities. If located on the same premises, it is considered an accessory use to the sewage disposal plant or package plant.Question 2: (I-XVIII)Sewage disposal or treatment facilities are listed as a Group II use. Answer:If the use is in a freestanding building, the parking would be calculated based on Small Products (1 space per 200 square feet of total floor area, minimum of 5 space). Answer:Yes. 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? Read More Our Fences All Rights Reserved. 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.". Fax. Although Group V "Construction Equipment" may also be an appropriate grouping, it is primarily intended for large equipment and would be too restrictive. Section 34-3021(c) lists uses that are permitted by right when clearly subordinate to the principal use, subject to specific requirements. 60 Danley Dr. S Unit #1 Fort Myers, FL 33907 _____ TTY users can contact us through Florida Relay by dialing 7-1-1 or one of the other Relay Toll Free Numbers. 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. SECTION 34-654 Property development regulations tableQuestion: (I-XVIII)Section 34-654 permits lot sizes of 39,500 square feet for interior lots and 33,600 square feet for corner lots in the AG-2 District. Question 2: (I-XVIII)Section 34-792 does not allow roof overhangs or eaves to encroach upon the required 10 foot separation between units in the RV-3 District. Buildings taller than 15 metres must have a 6-metre setback around them to get the Delhi Fire Service's No Objection Certificate (NOC), which is needed by government regulations. "On the same premises" is defined as being on the same lot or abutting lot in the same ownership. Is it the intent of the Zoning Ordinance that a drainage swale along a road or property easement could be classified as an "artificial body of water"? These establishments primarily sell products, purchased from others, but may sell some plants which they grow themselves. @leecountyflbocc Office of Planning & Zoning Physical Address 315 W. Main St. Tavares, FL 32778 Mailing Address P.O. Where manufacturing is not involved, the sale of the manufactured houses would be the same for conventional buildings subject to the regulations for model homes and model unit display centers. Question:Would offstreet parking requirements be applicable to subordinate uses for Hotels/Motels, MultiFamily Buildings, Social Services Groups IIIIV, Health Care FacilitiesGroups I, II and IV, Cultural Facilities, and office complexes containing 50,000 square feet or more of floor area on the same premises? Answer:In most, if not all cases, lottery ticket sales will not be the primary use of the property. Therefore, to determine answers to your questions you need to review the Sign Ordinance. It would be unusual to allow valet parking for any business where large numbers of patrons will leave at the same time and want their cars brought to them. 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. Question 1: (XXII)Recently, for security purposes, there has been an interest in allowing fences around developments (such as Mobile Home Parks) to include 2 or 3 strands of barbed wire atop a 67 foot high fence. 2. How and when does the Board determination approval get made? (Ord. Does the 2 feet count as part of the required dimension for the space, or is it in addition to the space?Answer:The two feet is part of the required space and is not in addition to it. Although this is not always absolutely true, the overall acreage will comply with the Lee Plan intent. Section 34-3272(3)b. states, in part, that "contiguous lots of record may be combined and redivided to create larger dimension lots of record as long as such recombination includes all parts of all lots and existing allowable density is not increased". We specialize in installing and repairing vinyl, aluminum, wood, and chain-link fences. 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. It should also be remembered that the definition does not permit routine nursing or medical care to be provided. 1982 Development Standards Ordinance, as amended, or which would qualify for such exemption if a formal request was made. Answer:I75 is identified as a Freeway on the Trafficways Map. The IRC is a stand alone code for residenial. Answer:Yes. Carlos Machado Sociology Student (B.A. However, if serving primarily the one project and located on the same premises, then it would be an accessory use and would not require a special exception. If the use is in a multiple occupancy complex, the calculation would be based on the appropriate Multiple Occupancy Complex requirements.Question 3: (I-XVIII)What effect does the addition of fuel pumps have on the parking and traffic circulation requirements? HOURS Planning & Zoning is open Monday through Friday from 8 a.m. to 4 p.m. for walk-in service. Permits issued by Charlotte County are required for all work done in county right-of-ways and easements, or use thereof for access including but not limited to: . The Marine Industrial District is intended to accommodate such uses as boat building, major hull and engine maintenance and repair, landing, icing, and shipping of fish and seafood (fish and seafood processing requires a special permit) and other uses of similar scope and scale. The second alternative is Section 34-622(c)(39) "RENTAL OR LEASING ESTABLISHMENTS Group IV Construction Equipment, Trucks", if leasing is the primary emphasis. Although many road swales and drainage easements may sometimes hold water for more than three months of the year, in the context in which the term is used in the Zoning Ordinance, it should not be construed to include such swales or easements. (3) The definition of street setback clearly states that the setback is from the "easement," but the other setback definitions aren't as clear. Answer:In reviewing the use activity groups it would appear that two options are available, depending on the primary emphasis of activity. This type pump should not be confused with "selfservice fuel pumps" which are available to the general public. Answer:Compatible or incompatible to what? Answer:No. Sewage plants listed as Essential Service Facility Group II were intended to mean facilities serving more than one project. (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. Lee County GIS. 22-07, adopted March 1, 2022. (2) Any required front yard setback. 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. Find Us On Social Media: 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. The definition also indicates that it must be part of the development site. 850-245-4240. (4) Within any required rear yard setback, no accessory structure shall be erected within ten (10) feet of any rear property line and within six (6) feet of any side property line. The leadin paragraph and resultant list provides for the intent. Does that definition apply when used in Section 34-1741 - 34-1750 Fences, Walls, Gates, and Gatehouses? ARTICLE VIII DIVISION 3. Answer:No, provided that the "Day Care Center" is sponsored by a church/synagogue within its own structure(s). Does this include "roofovers"? Maximum required is 25 feet. Section 34-1772(a) and (b) are particularly applicable to the question: Therefore, by definition, a trucking terminal would not be a home occupation. Section 34-3275 Commercial or industrial useQuestion: (I-XVIII)An applicant owns three small contiguous lots which were platted around 1925. Contact the Water Programs. 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. 7. Answer:This depends on the type of operation. Answer:No. Answer:It would be considered as a recreational vehicle park operated by a religious institution. Construction, placement, erection and maintenance of docks, mooring piles, seawalls, watercraft landing facilities and other structures designed for use on or adjacent to waterways shall be in compliance with established building permit procedures and with Chapter 26, Article II. Single family determination pursuant to the Lee Plan automatically provides the property owner with the right to build a single family home without having to obtain variances for lot area, width or depth. 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. 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." Subsection (3) says "when the use of a building is changed to a different conforming use which is required to have more parking than is presently provided, the Answer:This requirement to enclose private swimming pools was originally adopted, with slightly different wording, as part of the 1978 Zoning Ordinance in Section 500.14.D which stated: a. ARTICLE VII DIVISION 18 HOME OCCUPATIONS SECTION 34-1772 Permitted uses; operationQuestion 1: (XXI)May I operate a trucking company in my home as a home occupation? 00 fair market value Satellite Dish Antennas - Residential 1 meter or less in diameter. obtained from the Lee County Soil & Water Conservation District, 319 S. Mason, Amboy, IL 61310 (815) 857-3623 x. In any case, where there is a question as to whether the special exception is unnecessary, an administrative interpretation should be sought. However, this section would not apply to a retention pond or retention pond required for surface water management, which are not similar to the above activities. Putnam St. Johns St.Lucie Santa Rosa - You can apply for An exemption as long It's not greater than 600 square feet. This word was specifically inserted by the Board of County Commissioners to exclude entrances not used by the public.Question 2: (I-XVIII)Does the requirement for either administrative approval or a special exception (as appropriate) to sell alcoholic beverages for consumption onsite apply to restaurants which sell alcoholic beverages? 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 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.". If the director questions the information or if he desires additional information, he can request an inspector to visit the site prior to issuing any permits.Question 3: (I-XVIII)Section 34-3204 allows reroofing and roof repairs. The cost of land makes it prohibitive to have a nursery in any other district except AG. Also, retention ponds are addressed under Section 34-1651(b) Excavation for purpose of water retention.Question 2: (XXV)Can excavated materials be moved from an abutting parcel or parcels to another abutting parcel (all under the same ownership) for use in road construction? (3) Any required side yard setback. Answer:No. Gov. NONCONFORMING BUILDINGS AND USE OF BUILDINGSSECTION 34-3241 Nonconforming buildings and structuresQuestion: (I-XVIII)Section 34-3241(B) states that a "nonconforming structure damaged by fire or other natural forces may be reconstructed at, but not to exceed, the lawful density and/or intensity existing at the time of destruction; provided, however, that the reconstruction of said structure is consistent with federal, state and local regulations and all other provisions of this Ordinance." Section 34-1771 allows the operation of home occupations by right in all districts permitting dwelling units and sets forth the standards for home occupations. SECTION 34-736 Property development regulations table Case in point the owner of a bar in a C1A District (not a permitted use) wants to know to what extent he needs to change his use to be considered a restaurant (a permitted use in the C1A). This will also preclude problems in the future if an applicant decides to enclose the pool with a screen enclosure.Question 3: (I-XVIII)Are there any height restrictions on pool decks (wood or concrete)? Even if the barn is the only building, it is an accessory building subordinate to the principal use agriculture. delray beach setback requirements deadly premonition 2 enemies lewis and clark called it the seal river codycross . Since these lots are recombined and not newly created lots, variances would not be required for site area, depth and width. Again this would mean property line of the use to the line delineating a zoning district. 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? SECTIONS 34-2222 Lots created after January 28, 1983Question: (I-XVIII)In referring to "lots," what does the term "created" mean? We specialize in aluminum, chain link, vinyl, andwood fencingsystems. In the case of an ALF, commercial uses which are customarily accessory and incidental to the principal use which are within the same building as the principal use and which are intended primarily for the use of the residents and staff (e.g., barbershops, pharmacies, spas) would not be subject to the ratios. 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. The ordinance would permit use of the dwelling to conduct the administration of a business provided there are not employees working in the dwelling that are not residents thereof. Answer:No. SECTION 34-2015 Location and design generally Valet Parking: (XXIX)Question 1: A manufactured housing unit is considered a conventional building and is defined "Building Conventional." Employment. Section 34-935(b) is one of these instances where a specific regulation exists which supersedes Section 34-1174.Question 6: (I-XVIII)If a barn or stable is constructed on agriculturally zoned property before a residence, and then a residence is built, is the residence an accessory or principal use and which regulations would apply? Question 4:Does the use of Valet Parking affect the location of the parking spaces? Also, this section requires the use to be totally within the building housing the principal use, to occupy less than 10 percent (10%) of the total floor area of the principal use, and public access to the commercial uses must not be evident from any abutting street. If not, what district would permit it? (or Chapter 9B1 FAC), subsequently transported to its site complete or in modules and fixed to its own foundation with no intention to relocate. 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. or is it an accessory use? Question 2: (XIX)Would an establishment, primarily involved in research and development of drugs and/or cosmetics be a permitted use in the IL Industrial District? RearSetback: 1/2 times (depth of the lot less the street setback), but not less than 5 feet or more than 25 feet. The RV1, RV2 and RV3 districts all require a 10foot separation between units. The emphasis is on Kathy Hochul's administration appealed Neri's ruling on the lawsuit, which was filed by several health workers who cited, in part, religious objections to receiving the shot. Answer:The setback required would be the same as for a local street. Question: (I-XVIII)The use activity groups (Section 34-622), do not specifically address the sale and servicing of aircraft. b. Background: Suite 301 812 E. James Lee Blvd.\rShalimar , FL 32579 . How is the prorating to be accomplished? No. Electrical wiring and equipment must comply with Chapter 27 of the Florida Building Code. City of Orlando - Setback Requirements Sec. Delhi Development Authority (DDA) setback requirements for residential constructions are shown below, dependent on plot size. 70-2. The setback is from any "water body." City of Fort Myers, Zoning (GIS Map) City Development Activity Map. Riprap or seawalls are both forms of bank protection. Answer:Any school which meets the requirements of Chapter 232, F.S. The church would provide religious services, Bible studies, and the use of church facilities for "events" taking place. ARTICLE VI DIVISION 7 MARINE-ORIENTED DISTRICTS SECTION 34-873 Use regulations table. Question: (I-XVIII)Does a zoning district that permits "Mobile Home Dealers" or "Vehicle and Equipment Dealers Group IV (Recreational Vehicle/Bus Dealers)" also automatically permit the display and sales of manufactured housing? Answer:No. 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? Dyson overbuilt her Briggs antiseptically, she rephrased it pushing. A church would like to provide RV facilities on their property for use of the church members. The intent is to provide adequate parking for reasonably anticipated peak use. Question: (I-XVIII)In the CI (Intensive Commercial) district MiniWarehouses are a permitted use. A special exception is required. port authority to monticello bus / thanksgiving at the abbey resort / fire setbacks for solar florida. Normally those activities are ancillary to some permitted use. Provided that there is an approved development order or building permit and where no material is removed from the premises except surplus material not required for backfill or grading. Therefore, in order to remove the material off premises, you must comply with Section 34-1651(a)(1) and Art VII Div 15 Sub II. SECTION 34-2019 Other use of off-street parking lotsQuestion: (I-XVIII)Section 34-2019(2) references Section 34-3048 "Ancillary temporary uses in parking lots" which allows for seasonal promotions, sidewalk sales, and parking lot sales; does it also allow for the use of banners or temporary signage for grand openings and other promotions such as those which are common at auto dealerships and fastfood restaurants? Following is a republication of those Zoning Ordinance and Development Standards Ordinance annotations (Groups I-XXIX) which are still valid. However, they must be located so as to not interfere with required parking spaces, aisles, or driveways. of 12-2-2002, 70-1) Sec. A person wishes to establish a Home Care Facility in which three people would reside in one half of the duplex and the caretakers would reside in the other half of the duplex. 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. The intent of the setback requirements is in addressing unprotected banks. ", 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. As long as the width and area are met, the depth can vary. Answer:Yes. The intent therefore, is to measure from property line to property line.Question 2: (I-XVIII)Based on the wording of Section 34-1204, is it the intent to restrict these uses from zoning districts which permit both residential and commercial uses? However, this does not authorize the location of a use in a district where that use is not either a permitted principal use or accessory use. aivee clinic services price list 2022 If strictly an office without a fleet of vehicles, use Section 34-2020(2)j. Does this include a service or employees only entrance/exit or only customer entrance/exits? Mailing Address. Answer:Yes. The main intent of the ordinance was twofold. Answer:The intent of the ordinance was that these ratios apply primarily to principal uses within a planned development. okaloosa county setback requirements. Question 2:What Uses may use valet parking? Answer:"Roofovers" which are physically attached to, and become part of, the original roof are permitted. If sales is the primary emphasis, Section "34-622(c)(55) VEHICLE AND EQUIPMENT DEALERS" is the appropriate main category. canals are considered as artificial bodies of water. The required setbacks may be reduced when 40% or more, on a front foot basis, of all lots or The DSO prohibits backing out onto a rightofway, so should we not count those spaces when computing required spaces? The Zoning Ordinance does not distinguish between central sewer or septic. 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. 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.". 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. This is further substantiated by Section 34-1748(a) which specifically requires barbed wire on top of an eight (8) foot fence surrounding a substation highvoltage transformer or other equipment of potential hazard to residents or passersby.Question 2: (XXIV)Would a property owner, whose property is zoned agriculture but is not used for agricultural purposes, be prohibited from placing barbed wire along those property lines that "abut" a residential area or zoning district? Exceptions: Marginal docks must be setback min. Answer:No to all questions. . Residential Development The definition of marina refers to the term "boats." The ordinance also states that the height shall be measured from the ground level outside of the area so enclosed. In no case may satellite earth stations be placed closer to a right-of-way or street easement than the principal building. Question: (I-XVIII)Under the definition of a marina, can a seaplane be docked or moored at a marina? Lee County Florida Fence Setback Requirements. ARTICLE VI DIVISION 3 RESIDENTIAL DISTRICTS SUBDIVISION II One and Two Family Residential Districts SECTION 34-694 Use regulations tableQuestion 1: (I-XVIII)Is there anything in the Zoning Ordinance that would prohibit a person occupying a singlefamily residence from renting out extra bedrooms to other unrelated individuals? Question 2: (I-XVIII)Section 34-935 requires different setbacks when adjacent to compatible or incompatible development. 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? If the deck is part of the pool, you measure to the deck. 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. 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". The top of the seawall is at least four (4) feet above the bottom of the water body adjacent to the seawall. 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. 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. Written by on 27 febrero, 2023. Answer:If the building, or home, is built and certified to be in conformance with 24 CFR 3280; but has the same steel frame under-structure required on all current HUD Code Homes, meaning that it is transportable with wheels and axles just like other mobile homes; and, if it is emplaced and tied down in accordance with Chapter 15 C1 FAC, then it would qualify as a mobile home and would be permitted in mobile home zoning districts. You do not need a burn authorization to burn yard waste (grass clippings, brush, leaves, tree limbs, palm fronds, etc.) Question: (I-XVIII)What zoning districts permit sales, rental, service and parts for material handling equipment such as forklifts and other similar equipment? 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. Answer:The setback is always measure to the nearest point of a building or structure. . The definition was originally adopted in the Planned Development Ordinance and was incorporated into the Zoning Ordinance.

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