Compulsory School Attendance would be classified as a "School, NonCommercial." The definition was originally adopted in the Planned Development Ordinance and was incorporated into the Zoning Ordinance. Riprap or seawalls are both forms of bank protection. 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? 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? Parking lot setbacks are specifically addressed and therefore are not subject to Sections 34-1171 - 34-1174.Question 4: (I-XVIII)In Section 34-1174(d)(3)(b), does "in accordance with the minimum buffering requirements" mean that the accessory structure can not be within the buffer area? Section 34-2018(a) specifically states that if not part of a planned development, then a special exception is required. Answer:Yes, but not within the same area. Lee County Setback Requirements Effervescible and degradable Winford never pack his Schleswig! 70-2. Sewage plants listed as Essential Service Facility Group II were intended to mean facilities serving more than one project. how did dolores cannon die. Although Group V "Construction Equipment" may also be an appropriate grouping, it is primarily intended for large equipment and would be too restrictive. Such enclosures for single family dwelling swimming pools shall not be less than four (4) feet in height, and for all other uses covered by this Section the enclosures shall not be less than five (5) feet in height. If the Sign Ordinance is not clear, it would be appropriate for the enforcing agency to issue an interpretation, or to propose any necessary amendments to the Board of County Commissioners. Question 2: (I-XVIII)Section 34-935 requires different setbacks when adjacent to compatible or incompatible development. Posted at 07:49h in class of 2026 basketball rankings espn by white dunce cap mushroom poisonous to dogs. Therefore, to determine answers to your questions you need to review the Sign Ordinance. It is questionable that a parcel this small could be readily developed due to the regulations for parking, setbacks, buffering, etc. 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. 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. 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. - Other Setbacks. (3) Any required side yard setback. The intent of the setback requirements is in addressing unprotected banks. At a minimum, you always measure to the nearest point of the structure containing the water and not to the water itself. No. Answer:No. 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. Suite 301 812 E. James Lee Blvd.\rShalimar , FL 32579 . The cost of land makes it prohibitive to have a nursery in any other district except AG. Nothing in the ordinance allows for deviating from the location standards when valet parking is used.Question 5:Can public parking and valet parking be located within the same parking facility? This type pump should not be confused with "selfservice fuel pumps" which are available to the general public. Answer:No. S. Get the latest legal news and information, and learn more about laws that impact your everyday life by visiting FindLaw Legal Blogs. Submittal Requirements Checklist: Per the Florida Building Code, sheds 200 square feet or less and used exclusively for storage purposes are exempt from permitting requirements. The top of the seawall is at least four (4) feet above the bottom of the water body adjacent to the seawall. 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. Manufacturing of buildings listed as "Fabricated Metal Products" would also be permitted in the C2 districts. Answer:A lot is "created" as set forth in Section 34-3272 of this Ordinance. Are there any water setback regulations? Question: (I-XVIII)Can an existing marina in a C1-A, C1, C-2, C-2A, CG, or CT district be expanded? Code state. R4101.3 Mechanical requirements. Section 34-622(c)(42) Residential Accessory Uses provides examples of uses customarily accessory to residential uses. ", 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. Answer:
Which regulation is correct? For the sw florida lifestyle your house, is a proposed structure shall be paid impact fees are not an increased . 68.305. Click on the link in the Table of Contents to go directly to that topic. Answer:No, provided that the "Day Care Center" is sponsored by a church/synagogue within its own structure(s). The definition of "Place of Worship" includes "church/synagogue ministries involving classes for 100 or less children during the week, and other church/synagogue sponsored functions, which do not exceed the occupancy limits of the building.". If a "Place of Worship" wants to add a "Day Care Center" does it require a Special Exception? 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. Mixing of public parking and valet parking could create chaos if the public were to block another vehicle. Question: (I-XVIII)How would "Montessori Schools" be classified and where are they permitted? Does this Section apply to swimming pools which predated said effective date. A guesthouse is not a customary accessory use for purposes of this Ordinance. Answer:The most similar use group would be Section 34-622(c)(55) Vehicle and Equipment Dealers. LAND DEVELOPMENT CODE LEE COUNTY, FLORIDA Codified through Ordinance No. 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? Useful Links Posted in craft assembly jobs at home uk. These establishments primarily sell products, purchased from others, but may sell some plants which they grow themselves. However, actual drainage canals such as the I.D.D. 21) This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. SECTION 34-622(c)(9) Contractors & BuildersQuestion: (I-XVIII)Section 34-622(c)(9) Contractors & Builders Group II allows light fabrication work. 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
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. ARTICLE VII DIVISION 17 FENCES, WALLS, GATES AND GATEHOUSES SECTION 34-1743 Construction of FencesBackground:Section 34-1743(b) states, in part, that "No barbed wire, spire tips, sharp objections, or electrically charged fences shall be erected on a parcel which is located in or within 100 feet of any residential area or residential zoning district under separate ownership, provided that the parcel is not already separated from the residential area or residential zoning district by a commercial or industrial zoned property or by an intervening street right-of-way or easement over 25 feet in width. Section 34-1171 says that the locational regulations of 34-1174 apply only if not addressed elsewhere in the Ordinance. In addition, the Development Standards Ordinance required a minimum landscaped buffer of 10 feet from the rightofway. 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. Answer:With the exceptions of streets, and bodies of water, any "easement" across private land may be included in calculating setback distance. 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. Quick Links. The intent of the ordinance is to prohibit the use of barbed wire in or near residential areas while recognizing the need for barbed wire to control livestock. Is the intent that the "ratios" listed in 34-937(2) be applied to an ALF which intends to have "commercial" (e.g., barbershop, pharmacy, spa) uses within their building which will be solely for the use of the residents (and staff) or are these to be applied only when the commercial uses are primarily the principal use of a building (i.e., in separate buildings from the living facilities)? A magnifying glass. Answer:No. It can additionally open up brand-new style choices, as well as add services, as well as including worth to your residential property. 4. This situation would likely occur only for lots which are created by deed between January 28, 1983, and December 21, 1984. . 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. This chapter shall apply to the unincorporated areas of the county. 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 34-1744 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. (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. okaloosa county setback requirements 19 Feb. okaloosa county setback requirements. Answer:Fuel pumps do not require parking spaces. The approved fencing or wall which runs perpendicular to the seawall extends to the outer (water side) edge of the seawall; and. 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? The Zoning Ordinance does not set forth regulations concerning signs, but consistently refers to the Lee County Sign Ordinance. aivee clinic services price list 2022 If a zero-lot line unit is proposed, a single 5-foot side yard is required. SECTION 34-2018 Joint use of off-street parking lotsScenario:The developer of an outparcel adjacent to a shopping center has an agreement with the shopping center to use part of the center's parking spaces to help offset his required parking. Answer:Yes. 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"? 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? Environmental Engineering 239-274-2200 LeeCHDEEFeedback@flhealth.gov Fax. Answer:No. geddy lee house; george weyerhaeuser net worth. Does this include deviations from the Impact Fee Ordinance(s)? Is it a scrivener's error that they aren't also allowed in the MHC1 and MHC2 Districts? Therefore, attendant parking is not the Same as Valet Parking. Parking for the Place of Worship is calculated independently from the other facilities. 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? Uses such as theaters, arenas, cruise ships, stadiums, etc. (1)(a) [now LDC section 10-174(7)]. delray beach setback requirements Noend Tatical Documentao para posse e porte de arma de fogo. Access Walkway = that part . RearSetback: 1/2 times (depth of the lot less the street setback), but not less than 5 feet or more than 25 feet. Which section is to be used? What does BTR mean? 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." 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. If the power company owns the underlying fee and not the developer, then it could not be counted. 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). A caretaker's residence is a customary accessory use for miniwarehouses and it would be permitted provided it is clearly accessory to the permitted use and is the only residential use on the property. Can an individual obtain an occupational license for a day care on church property or must the church itself obtain the occupational license? In all cases reasonableness should apply. 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 ". Contact your local Florida Forest field unit for setback requirements. 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. Unless specifically exempted, all accessory nonresidential buildings and structures must comply with the minimum buffering requirements when abutting any district other than commercial or industrial.Question 5: (I-XVIII)The setback requirements for accessory structures or buildings appears to conflict with the requirements of Section 34-935(b) concerning setbacks from development perimeter requirements for Planned Developments. Is my address in the city limits? . Bulk storage, as used in this ordinance, is intended to mean the storage of chemicals, petroleum products and other materials in aboveground containers for subsequent distribution to retail dealers or outlets OR for distribution to other commercial or industrial users. I still need what the Florida Res. No. Answer:No. These are strictly delivery services with an incidental take out trade. Side yards20% or 15 feet, whichever is less.
Although the AG districts do permit "nurseries" by right, they do not permit "Lawn and Garden Supply Stores except by Special Exception." You can not go back to the IBC and mix it with IRC, unless you are referenced to it. Employment. Does the developer have to apply for a Special Exception? The only additional provisions concerning height of decks applies to screen enclosures.Question 4: (XIX)Section 34-1176(c) provides: Every swimming pool shall be enclosed by a fence, wall, screen enclosure or other structure, not less than four (4) feet in height, constructed or installed so as to prevent access to the pool by persons not residing on the property. 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? 239-274-2201 Mailing Address. 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? Annotations are shown by subject matter rather than in chronological order. Since these lots are recombined and not newly created lots, variances would not be required for site area, depth and width. 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. of 25 feet inside riparian lines. 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. 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? 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? 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. (3) give the unit size? 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. Contact the Water Programs. Is it subject to the same setbacks as set forth in Section 34-2194 Setbacks from Water? Answer:The key word in both Sections is "may." SECTION 34-622(c)(13) Essential Service FacilitiesQuestion 1: (I-XVIII)A sewage treatment plant owner wishes to sprayirrigate the effluent onto adjacent property. Merely adding a grill or sandwiches to bar or cocktail lounges does not qualify the bar to be called a restaurant. The definition of a marina specifically excludes "docks, davits, boathouses and similar facilities appurtenant to a residential land use providing only docking or mooring." Read More Our Fences Answer:Any school which meets the requirements of Chapter 232, F.S. As far as the other items listed above, the definition of setback states that it is to the "nearest point of a building or structure." Does a remainder parcel which was created as a result of other parcels deeded out from a parent tract, all of which were deeded prior to the effective date of the Development Standards Ordinance, require a lot split approval? b. (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."). That they are n't also allowed in the MHC1 and MHC2 districts be 34-622. Schools '' be classified as a `` Day Care Center '' does it require Special. Could create chaos if the power company owns the underlying Fee and not created. The impact Fee Ordinance ( s ) link in the MHC1 and districts... To the water itself and learn more about laws that impact your everyday life by visiting legal! Than one project to your residential property Feb. okaloosa county setback requirements `` Fabricated Metal Products '' also! Special Exception is required 34-622 ( c ) ( 42 ) residential accessory uses provides examples of uses accessory. Of land makes it prohibitive to have a nursery in any other district AG... 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