SECTION 34-2194 Setbacks from bodies of waterQuestion 1: (I-XVIII)Section 34-2194(b) states that you must comply with the setbacks from natural bodies of water as set forth in the zoning district property development regulations. 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. City of Orlando - Setback Requirements Sec. 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? 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. If the power company owns the underlying fee and not the developer, then it could not be counted. "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. 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). Answer:No. "On the same premises" is defined as being on the same lot or abutting lot in the same ownership. 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. Since the RV and MH districts do not permit "Conventional Single Family Units", the sale of same would be prohibited. Answer:No. Some manufacturing would be a recognized ancillary function provided the establishment remains primarily a research and development laboratory. When you add onehalf of adjacent rightsofway you will come very close to the one acre requirement. It was included only in the IPD district. CLICK HERE : NEW PROCEDURES FOR SUBMITTING FOR DRIVEWAY & RIGHT-of-WAY PERMITS. Parcels not within a subdivision can be described using the Public Land Survey System ( PLSS - Public Land Survey System ). Side yards20% or 15 feet, whichever is less. Contact the Water Programs. 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. This created an unfair situation for property owners electing to set their residence further back from the street than required by the minimum setback. Setback requirements for main buildings are different from setbacks for detached accessory structures. Is it a scrivener's error that they aren't also allowed in the MHC1 and MHC2 Districts? Answer:The ordinance does not restrict use of valet parking either by land use or by zoning district. Sewage plants listed as Essential Service Facility Group II were intended to mean facilities serving more than one project. This situation would likely occur only for lots which are created by deed between January 28, 1983, and December 21, 1984. 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. Answer:No. The area used for valet parking must be clearly marked and not accessible to the public. Which regulation is correct? SECTION 34-1748 Enclosure of high-voltage transformers and other utility equipmentBackground:Section 34-1748 requires all substations or equipment of potential hazard to residents or passersby not otherwise protected shall be enclosed by a chainlink fence not less than eight feet (8') in height and topped with three strands of barbed wire. 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. Landscape design Projects - Just How Fences Can Improve Outdoor Areas. Answer:Assuming that the lot is legal and the use is a conforming use, indicating that the only problem appears to be a nonconforming building or structure, there is not (at this time) any time limit for replacement.Question 3: (XXII)Does the term "natural forces" as set forth Article VIII nonconformities, include such destruction to the structure as a result of termites, salt air, or other natural elements? You can not go back to the IBC and mix it with IRC, unless you are referenced to it. Again this would mean property line of the use to the line delineating a zoning district. HOW DO I GET THE REQUIRED SETBACKS REDUCED? Landscaping can be a lot of fun. 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. Do tax records, tag registrations, etc. If the road is the primary access to the shopping center and a secondary access to the residential development, then logic would call for discounting most of it, at least from the public road to the entrance to the shopping center. 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. Any use of a residence for a home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants. Does "sewer" include septic tanks? To allow construction of higher fences from the minimum street setback back to the rear lot line for privacy. 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. Section 34-1171 says that the locational regulations of 34-1174 apply only if not addressed elsewhere in the Ordinance. Answer:Section 34-2478 refers you to Sections 34-2011 - 34-2022 concerning OffStreet Parking Requirements. 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. 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. 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. additional parking shall be provided.". 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. Sarasota Seminole Sumter Suwannee Taylor Union Volusia Wakulla @leecountyflbocc However, models and model unit display centers (Sections 34-1951 - 34-1955) only permits display or model units which would be permitted within the particular zoning district. Answer:No. Park Trailers are defined as a type of Recreational Vehicle and were intended to be allowed only in the MH-2 district and in nontransient Recreation Vehicle Parks. 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? Mobile Home Dealers are listed in the C-2 district as a permitted use and in the CG district as a Special Exception. 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? Lee County Clerk's Office. The setback requirements that are in place for the main house or an attached garage. Under Florida Law, email addresses are public records. 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? Gross density allows calculation of roads used for residential purposes, but does not include lands used for commercial, office, and industrial uses. SECTION 34-622 Use activity groups General Questions - not section specific. 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. Therefore, to determine answers to your questions you need to review the Sign Ordinance. The Lee Plan is based on gross acreage. The key issue is the predominant activity of the property. Answer:Any storage other than the plants themselves must be screened. Since these lots are recombined and not newly created lots, variances would not be required for site area, depth and width. 7. These establishments primarily sell products, purchased from others, but may sell some plants which they grow themselves. Answer:Yes. ).Question 3: (I-XVIII)Can a utility easement, especially a powerline easement, be calculated as part of the open space requirement for an RPD rezoning request? The definition of marina refers to the term "boats." 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 Home Care Facility is defined as: "A conventional residence in which up to three (3) unrelated individuals are cared for but without provision for routine nursing and/or medical care.". In the past, they were considered accessory uses to a permitted use. This includes landing/unloading docks for boats as well as fuel pumps, icehouses, necessary conveyer belts, boat lifts, and similar boat service facilities. Answer:No. Answer:No. All these items qualify as a structure and hence cannot encroach into the 10foot separation area. Does this include package treatment plants? Written by on 27 febrero, 2023. Question: (I-XVIII)Can an existing marina in a C1-A, C1, C-2, C-2A, CG, or CT district be expanded? Setbacks for riprap shall be measured from the most landward point of the riprap to the nearest point of the building or structure.Question 3: (XIX)What is the setback requirement for a Boathouse? 239-274-2201 Mailing Address. SECTION 34-622(c)(9) Contractors & BuildersQuestion: (I-XVIII)Section 34-622(c)(9) Contractors & Builders Group II allows light fabrication work. It is questionable that a parcel this small could be readily developed due to the regulations for parking, setbacks, buffering, etc. However, all setback requirements for the specific zoning district must be met. Answer: PRIM is a new grid based magazine/newspaper inspired theme from Themes Kingdom - A small design studio working hard to bring you some of the best wp themes available online. It looks like your browser does not have JavaScript enabled. 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. It should also be remembered that the definition does not permit routine nursing or medical care to be provided. Question: (XXIII)A restaurant is proposing to sell beer on premises for restaurant patrons. In the past, the front of the building established the point where fence height had to be lower. Answer:Where a lot is split by two or more zoning districts, the property development regulations for the largest proportional district shall prevail. Mobile homes, Recreational Vehicles, and Park Trailers are all specifically defined. Which setback (local or private) should be applied if the road is dedicated to the public but privately maintained, such as some subdivision streets which are maintained by a Homeowners Association? Land Development CodeSupplement 21Online content updated on May 10, 2022. Answer:No. setback requirement for the zoning district in which it is located, except as otherwise specified herein. 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. 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. 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. "Use of land" would mean property line of the use and "closest wall" is self explanatory. It appears that the remaining spaces in the center are sufficient for their required parking.Question 1: (I-XVIII)Is this arrangement considered joint parking? If a Place of Worship was approved by Special Exception, and later moves to another location, can it rent/sell its former facilities to another Place of Worship without the new Place of Worship obtaining a Special Exception? What is my property is zoned as? Putnam St. Johns St.Lucie Santa Rosa - You can apply for An exemption as long It's not greater than 600 square feet. 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) ", Abutting means "properties having a boundary line, or point or portion thereof, in common with no intervening street right-of-way or easement, or any other easement over twenty-five (25) feet in width.". Posted in craft assembly jobs at home uk. Question: (XXIV)If a mobile home dealer has three or more units erected on a single, undivided property (model display center) for the purpose of promoting sales, a main sales office on or off the premises and an area designated for the enclosed storage of inventory, would he be permitted to operate as a model display center in the C1 zoning district? 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." 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. ARTICLE VII SUPPLEMENTARY DISTRICT REGULATIONS DIVISION 2 ACCESSORY USES, BUILDINGS AND STRUCTURES SECTION 34-1174 Location and setbacks generallyQuestion 1: (XX)The Zoning Ordinance previously contained a provision which permitted gasoline or other fueldispensing structures to be set back only 15 feet from the street rightofway. document.write((new Date()).getFullYear());Lee County, FL. 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