For the sw florida lifestyle your house, is a proposed structure shall be paid impact fees are not an increased . Manufacturing of buildings listed as "Fabricated Metal Products" would also be permitted in the C2 districts. Day care centers are permitted by Special Exception in RS, TF, and TFC districts. A barn would be considered accessory to a farming or agricultural use on the same premises. In all cases reasonableness should apply. 5. The wording in Section 34-1204(b) states "from any district which allows residential uses." setback requirement for the zoning district in which it is located, except as otherwise specified herein. This created an unfair situation for property owners electing to set their residence further back from the street than required by the minimum setback. Is it a scrivener's error that they aren't also allowed in the MHC1 and MHC2 Districts? or is it an accessory use? If an existing attachment is removed for purposes of replacing the mobile home or RV unit, it may be reattached to the new unit. 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. The definition of marina refers to the term "boats." The definition is: "meshed wire or cloth fabric to prevent insects from entering the facility and including the structural members framing the screening material.". Answer:No. At a minimum, you always measure to the nearest point of the structure containing the water and not to the water itself. Navigate. 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, this is not an error or omission. Question 7:What happens when a use which proposes valet parking to use valet parking ceases the practice after receiving an occupancy permit. Parking for the Place of Worship is calculated independently from the other facilities. Such uses shall be conducted entirely within the dwelling unit or customary accessory building. Answer:No. Answer:Any school which meets the requirements of Chapter 232, F.S. Question: (I-XVIII)In the CI (Intensive Commercial) district MiniWarehouses are a permitted use. "Use of land" would mean property line of the use and "closest wall" is self explanatory. 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. 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. Natural body of water means a depression or concavity in the part of the surface of the earth lying landward of the line of mean sea level (NGVD) which was created by natural geophysical forces and in which water stands or flows for more than three months of the year; also, the bays and estuaries lying between the County mainland and the barrier islands (Gasparilla Island, Cayo Costa, N. Captiva Island, Captiva Island, Sanibel Island, Estero Island, Lovers Key, Big Hickory Island and Little Hickory Island and Bonita Beach) with the outermost boundary defined by a series of short straight lines that can be drawn connecting these islands. Putnam St. Johns St.Lucie Santa Rosa - You can apply for An exemption as long It's not greater than 600 square feet. ARTICLE VI DIVISION 4 RECREATIONAL VEHICLE PARK DISTRICTS SUBDIVISION II Conventional Recreational Vehicle Districts SECTION 34-792 Property development regulations tableQuestion 1: (I-XVIII)In the conventional RV Districts, can central air conditioning units, propane tanks, bay windows or carports encroach into the required 10foot separation between units? additional parking shall be provided.". 3. Who do I call if my address is not in the city limits? Was this an oversight or can the lot depth vary, so long as the total lot area is met? City Home. 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? However, Section 34-1204(c) did not so specify and, in fact, includes a number of uses which do not necessarily have walls or which include outdoor activities. 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) This group includes the most potentially obnoxious industrial uses. Contact the Water Programs. ", SUBDIVISION IV Mobile Home Residential Districts SECTION 34-735 Use regulations table (Mobile Homes). No. These uses would not account for the principal dollars with the primary use being the nursery. Easements of this type should be referred to the attorney's office for interpretation of the developer's rights.Question 4: (I-XVIII)The use regulations in Section 34-937 apportions gross commercial floor areas permissible based on number of dwelling units. Employment. 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. of 25 feet inside riparian lines. 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. Gov. 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. A platted survey of the parcel must be provided. 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.". 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. Chapter 10 - Development Standards Regulations, ARTICLE II DIVISION 3 SECTION 10-174(6) LIMITED REVIEWS. Answer:The prohibition against barbed wire, spire tips, sharp objects, or electrically charged fences in residential areas or residential zoning districts has been a county regulation since, at least, 1978 where it appeared as Section 500.15.B.12. port authority to monticello bus / thanksgiving at the abbey resort / fire setbacks for solar florida. Answer:Unless there are sufficient parking spaces which comply with the Zoning regulations, the facility would be in violation of the ordinance. Does that definition apply when used in Section 34-1741 - 34-1750 Fences, Walls, Gates, and Gatehouses? It looks like your browser does not have JavaScript enabled. Mail - Lee County Property Appraiser, P.O. Answer:Yes. SECTION 34-1178 Guest HousesQuestion 1: (I-XVIII)Is it the intent of the Zoning Ordinance to prohibit new guest-houses except on property zoned RSC-2 on Captiva Island that was converted from RS-2 pursuant to section 34-619? Section 34-2018(a) specifically states that if not part of a planned development, then a special exception is required. ARTICLE VI DISTRICT REGULATIONS 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. Article VII Division 30 Property Development Regulations Subdivision III Setbacks Section 34-2192 Street Setbacks Section 34-2194 Setbacks from Bodies of Water Section 34-2222 Lots Created After January 28, 1983 Article VII Division 35 Sports/Amusement Parks & Recreational Facilities Section 34-2478 Parking The lot sizes required in Section 34-654 do not include street rightsofway. See division 2 of this article. The Zoning Ordinance does not distinguish between central sewer or septic. 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? Question: (I-XVIII)Does the IM Marine Industrial District allow bulk storage of petroleum products? The remainder parcel was created when all the other lots were deeded prior to the effective date of the Development Standards Ordinance. 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. 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. A review of the permitted uses will also show that bulk storage of petroleum is not a permitted use. Fire Department. Answer:No. Therefore, attendant parking is not the Same as Valet Parking. For clarification and in anticipation of a future annotation, even though cosmetics is listed under Chemicals and Allied Products Group II, it would not be a Research and Development Laboratories Group III because cosmetics would not be classified as "hazardous materials.". 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. Contact your local Florida Forest field unit for setback requirements. Prefabricated metal buildings are listed in Section 34-622(c)(14) Fabricated Metal Products/Manufacturing Group III. Question: (I-XVIII)Would the retail sale of used automobile motors fall under "Auto Parts Store" or "Used Merchandise Group III" or both? The roman numeral following a question refers to the particular annotations group in which the question was originally addressed. (3) Any required side yard setback. The buildable area of this 50 x 80 foot lot is 30 feet wide by 30 feet deep. The minimum required setbacks set forth in Sections 34-2191 to 34-2196 apply to all zoning districts. SUBDIVISION III Multiple-Family Districts SECTION 34-714 Use regulations tableQuestion 1: (I-XVIII)If a proposed multifamily residential development within an RM District (which permits existing marinas only) includes an appurtenant docking area for use of the residents and guests only, but does not include fuel docks, ship's store or other commercial uses, does the docking area fall within the definition of marina? Answer:There is no clear way to prorate use, and every case may be different. of 12-2-2002, 70-2) 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. Question: (I-XVIII)Are fuel pumps considered an accessory use to a warehouse facility provided that the use of the pumps is limited to the vehicles necessary for the warehouse operation? 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? Answer:No. Dyson overbuilt her Briggs antiseptically, she rephrased it pushing. Answer:No. Does this include buildings such as covered loading docks for Commercial Fisheries? A guesthouse is not a customary accessory use for purposes of this Ordinance. canals are considered as artificial bodies of water. Therefore, it would be subject to setback requirements for accessory structures or buildings. 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. 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. In this case, the potential impact of the recreational park on surrounding land uses and the infrastructure of the area warrants that the project be properly reviewed as a recreational vehicle park. 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). 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 Answer:No. Was this an oversight? This person's property is located at: (Address or legal description of property for which average setback is requested.) Answer:Any storage other than the plants themselves must be screened. (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. Mailing Address. 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." ARTICLE VI DIVISION 2 AGRICULTURAL DISTRICTS SECTION 34-653 Use regulations tableQuestion: (XXI)Agricultural districts permit nurseries as a permitted use in all AG zones. Annotations are shown by subject matter rather than in chronological order. Answer:Yes. Does this include package treatment plants? No recreational vehicles including Park Models are permitted in the MHC-1, MHC-2, MH1, MH3 or MH4 districts, and no recreational vehicle except Park Models are permitted in the MH2 district. All these items qualify as a structure and hence cannot encroach into the 10foot separation area. ", 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.". Answer:No. 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.". This chapter shall apply to the unincorporated areas of the county. Background: 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? ARTICLE VII DIVISION 37 SUBORDINATE AND TEMPORARY USES SECTION 34-3021 Subordinate usesBackground: (XXVI)Art VII Div 37 Sub I refers, in section 34-3021, to uses that may be permitted by right or Special Exception provided said uses are clearly subordinate to a permitted principal use and are in compliance with the regulations set forth in Section 34-3021. 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. The area used for valet parking must be clearly marked and not accessible to the public. The use of the property: If the use is not a permitted use, the provisions of Sections 34-3221 - 34-3224 and 34-3242 must be reviewed. This situation would likely occur only for lots which are created by deed between January 28, 1983, and December 21, 1984. Answer:No. These facilities would be classified as "Personal or Private Recreational Facilities" in an RM district provided they do not provide the services defined as "Marina. 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? However, the Health Department may have had regulations for commercial pools. 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. No. Question: (I-XVIII)Can an existing marina in a C1-A, C1, C-2, C-2A, CG, or CT district be expanded? 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 church would provide religious services, Bible studies, and the use of church facilities for "events" taking place. 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. The text is clear these uses would not be permitted in or within 1,000 feet of any zoning district which allows residential uses, including C1A, C1, C2, and CT. ARTICLE VII DIVISION 5 ALCOHOLIC BEVERAGES SECTIONS 34-1263(e) and 34-1264(b)(1)a. Under Florida Law, email addresses are public records. Was this a scrivener's error? geddy lee house; george weyerhaeuser net worth. ARTICLE VII DIVISION 15 EXCAVATION ACTIVITIESSUBDIVISION I GENERALLY SECTION 34-1651 Required approvalsQuestion 1: (XXV)Can excavated materials from the construction of roads, drainage ways, buildings or similar activities be taken off premises without first receiving approval for a Special Exception or Planned Development? Is it subject to the same setbacks as set forth in Section 34-2194 Setbacks from Water? 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:Yes. 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. As long as the width and area are met, the depth can vary. 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. 110 (Brenda Merriman). City of Orlando - Setback Requirements Sec. 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. 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. Therefore, a married couple could rent out bedrooms to other people and still be counted as a family, provided that not more than four (4) unrelated individuals reside on the premises.Question 2: (I-XVIII) Jurisdiction. Posted in craft assembly jobs at home uk. Section 34-622(c)(42) Residential Accessory Uses provides examples of uses customarily accessory to residential uses. Does this Section apply to swimming pools which predated said effective date. R4101.3 Mechanical requirements. Answer:No. HOURS Planning & Zoning is open Monday through Friday from 8 a.m. to 4 p.m. for walk-in service. Find Us On Social Media: Salt destruction or termites fall under the classification of normal war and tear. The key issue is the predominant activity of the property. However, for purposes of establishing setbacks only, I75 shall have the same setbacks as set forth for Arterial roads. Lee County Florida Fence Setback Requirements. The definition of "Family" may apply if there are more than four (4) unrelated individuals residing together. 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:The key word in both Sections is "may." However, they must be located so as to not interfere with required parking spaces, aisles, or driveways. 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. At what point in time did Lee County Ordinances require fencing of swimming pools? In which zoning district(s) would this type of use be permitted? Further, the activities listed under Section 34 -1673, as not being applicable to the provisions of Art VII Div 15 Sub II Mining, would also be applicable to Section 34-1651(A)(2) (as exceptions to 34-1651(a). Answer:Section 34-935(b) supersedes Section 34-1174. In these cases, and as an incidental ancillary function, ticket sales could go into any commercial district. You do not need a burn authorization to burn yard waste (grass clippings, brush, leaves, tree limbs, palm fronds, etc.) StreetSetbacks on a local (public) street, the minimum is 25 feet. Answer:No. 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. However, this particular question was recently addressed by the Board of County Commissioners. if the property is in an Agricultural district, it may only be necessary to apply for a Special Exception provided the excavation is less than 320 acres, otherwise an appropriate Planned Development approval is required. Do tax records, tag registrations, etc. What does this mean? Inasmuch as there is no way to physically separate the parking and to clearly designate patron use, the spaces would be available to either the shopping center patrons or patrons of the outparcel development and would be considered joint parking.Question 2:Does this arrangement require any type of county approval? The intent of this group is to provide for the contractors and builders who erect and/or repair buildings, etc. R309.4 Carports The cost of land makes it prohibitive to have a nursery in any other district except AG. Answer:"Bingo" or other similar recreational activities do not fall within any specific Use Group. Answer:Yes. Question 4:Does the use of Valet Parking affect the location of the parking spaces? 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? "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. In this case, 20% of 50 feet equals two side yards of 10 feet each. Some manufacturing would be a recognized ancillary function provided the establishment remains primarily a research and development laboratory. 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. 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? of 12-2-2002, 70-1) Sec. Carlos Machado Sociology Student (B.A. However, actual drainage canals such as the I.D.D. Packaging or repackaging of materials which does not chemically or physically alter the composition of an item is permitted under "Processing and Warehousing." Answer:In most, if not all cases, lottery ticket sales will not be the primary use of the property. 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. @leecountyflbocc Lee County GIS. 22-07, adopted March 1, 2022. Question: (I-XVIII)Does a home utilizing factory components manufactured off site, but assembled on site, meet the current definition of a mobile home in the County Zoning Ordinances? Therefore the minimum setback applies to either.Question 2: (I-XVIII)Section 34-2194(c) specifically references required setbacks from "seawalled" bodies of water. as long as: The pile is less than 8 feet in diameter; You meet the required setbacks; and Apparently the tag registrations may not always provide the information required. Question 2:What Uses may use valet parking? Suite 301 812 E. James Lee Blvd.\rShalimar , FL 32579 . The leadin paragraph and resultant list provides for the intent. Since parking lots are accessory to a principal use, does this mean that no parking lots are permissible in front of the principal building? perform an average rear/front setback for your neighbor. This an oversight or can the lot depth vary, so long as the I.D.D use... Any other district except AG so as to not interfere with required parking spaces, aisles, or.! Interfere with required parking spaces which comply with the primary use of the structure containing water! 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