Answer:Yes. Section 34-2015(1) Location and Design Generally requires that "except for parking lots zoned CP or as provided in section 34-2018, all required parking lots shall be provided on the same premises and within the same or similar type zoning district as the use which they serve.". The top of the seawall is at least four (4) feet above the bottom of the water body adjacent to the seawall. Answer:No. What is my property is zoned as? In no case may satellite earth stations be placed closer to a right-of-way or street easement than the principal building. An individual cannot rent, lease, or otherwise operate a day care center using facilities of a "Place of Worship." All Rights Reserved. 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. 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. Does this Section apply to swimming pools which predated said effective date. ", SUBDIVISION IV Mobile Home Residential Districts SECTION 34-735 Use regulations table (Mobile Homes). 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." ARTICLE VII DIVISION 24 MODEL HOMES, UNITS AND DISPLAY CENTERS SECTION 34-1954 Model homes and model unitsQuestion: (I-XVIII)Section 34-1954(B)(2) requires all model homes be connected to water, sewer and electricity. (1)(a) [now LDC section 10-174(7)]. Answer:A Place of Worship is limited to church/synagoguerelated religious functions. From the entrance on could be residential. Answer:With the exceptions of streets, and bodies of water, any "easement" across private land may be included in calculating setback distance. (3) Any required side yard setback. okaloosa county setback requirements 19 Feb. okaloosa county setback requirements. Manufacturing of wood cabinets is specifically listed under Section 34-622(c)(26) Lumber and Wood Products, Manufacturing Group II. Question 1: (I-XVIII)Sections 34-1263(e) and 34-1264(b)(1)a. require the 500 foot setback to be measured from any public entrance or exit of the establishment. In addition, and for purposes of Section 34-2222 only, a lot is considered "created" if it was part of a proposed subdivision or other development which had received formal county approval prior to the effective date (January 28, 1983) of the Development Standards Ordinance and subsequently was formally exempted from the provisions of said Ordinance, in accordance with Section B.1.b. Group IV of Section 34-622(c)(48) Stone, Clay, Glass and Concrete products, manufacturing, has not been included as a permitted use in the IG district. Answer:This is a very complex issue and will, in most cases, have to be referred to the attorney's office for a ruling. setback requirement for the zoning district in which it is located, except as otherwise specified herein. Doesn't this also apply to a principal structure? Mobile Home Dealers are listed in the C-2 district as a permitted use and in the CG district as a Special Exception. A private stable (defined) is clearly an accessory use for the occupants of the premises and cannot be built prior to the principal residence. LAND DEVELOPMENT CODE LEE COUNTY, FLORIDA Codified through Ordinance No. A Special Exception runs with the land and is not restricted to a specific applicant.Question 2: (I - XVIII)Although schools are mentioned in definitions, day care is not specifically addressed (although definition of day care does indicate that they are a "school" of sorts). Office of Planning & Zoning Physical Address 315 W. Main St. Tavares, FL 32778 Mailing Address P.O. 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. The main intent of the ordinance was twofold. "On the same premises" is defined as being on the same lot or abutting lot in the same ownership. 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. In this case, the specific would control the general, thereby finding an establishment primarily devoted to sale or service of alcoholic beverages for consumption on premises to be a "Bar or Cocktail Lounge" rather than a restaurant.Question #2: (I-XVIII)When is a bar no longer a bar and classified as a restaurant? 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: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." The benefit would be to all members of the church throughout the nation. City Home. The owner wishes to sell them individually and believes that Section 34-3275 exempts him from needing variances from the IL lot requirements. Answer:No. February 27, 2023. (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. What does this mean? 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. . SECTION 34-2016 Dimensional requirements; delineation of parking spacesQuestion: (I-XVIII)Sections 34-2016(2)a.2. Sewage plants listed as Essential Service Facility Group II were intended to mean facilities serving more than one project. This section only applies to high voltage transformers or utilities or equipment which may pose a direct hazard to residents or passersby. As long as the width and area are met, the depth can vary. 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 34-622(c)(9) Contractors & BuildersQuestion: (I-XVIII)Section 34-622(c)(9) Contractors & Builders Group II allows light fabrication work. Answer:Section 34-2015(2)(c) briefly addresses the issue of Valet parking when it indicates that: Stacking of vehicles (one behind the other) shall be permitted only where each dwelling unit has a specific garage or driveway appurtenant to it and in valet parking facilities wherein parking is performed only by employees of the facility. 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. Answer:There is no clear way to prorate use, and every case may be different. ARTICLE VI DIVISION 8 INDUSTRIAL DISTRICTS SECTION 34-903 Use regulations tableQuestion 1: (I-XVIII)
1 3 0 1 2 0 3 1.5 0 3 Miles Lee County Wind Speed Lines Prepared by the GeoPlan Center, University of Florida for the Florida Department of Community Affairs, Would a "riprap" wall be considered the same as a "seawall"? 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? Sarasota Seminole Sumter Suwannee Taylor Union Volusia Wakulla Annotations are shown by subject matter rather than in chronological order. Under the provisions of Section 34-32754, if the lots exceed 4,000 square feet with minimum 40 x 75 foot dimensions, and if the property is currently zoned for commercial or industrial use, then it can be used and the owner is not required to combine them However, the owner must be able to comply with the setback requirements set forth in Section 34-3275(1), as well as provide room for the use anticipated, including open space, parking access, surface water management, and buffers where required. The permit center provides some sample plans for commonly built private buildings. Lee County Florida Fence Setback Requirements. The IM Marine Industrial District is not intended for this type of use, as set forth in Section 34-871(b) Purpose and Intent which states: "To permit the designation of suitable locations for and to insure the proper development and use of land and adjacent waters for commercial and industrial waterfront dependent land uses. Answer:Yes. Maximum required is 25 feet. A canal in most instances could be compatible to almost any use. . . Contact the Water Programs. Consequently, manufactured homes may be displayed in any district permitting "Dwelling Unit, Conventional Single Family Residence", provided that models are permissible. 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. 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.
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 VII DIVISION 26 OFF-STREET PARKING SECTION 34-2011 Applicability of divisionQuestion: (I-XVIII)When computing parking for a change of use permit, what happens to existing parking spaces that presently are backing out onto a rightofway. Question: (I-XVIII)Would the retail sale of used automobile motors fall under "Auto Parts Store" or "Used Merchandise Group III" or both? Question: (I-XVIII)What zoning districts will permit "lottery ticket" sales? ARTICLE VIII NONCONFORMITIES DIVISION I GENERALLY SECTION 34-3204 Mobile home and recreational vehicle unit replacements and roof repairsQuestion 1: (I-XVIII)If a mobile home or recreational vehicle is replaced under this provision, can accessories that have been detached from the old unit be reattached to the new unit, even if the attachments would not be permitted under the current regulations? Property owner's name STRAP Number (17 digit number found on tax bill, available from the Lee County Property Appraisers Website or at 239-533-6150) Site address Again this would mean property line of the use to the line delineating a zoning district. Although the AG districts do permit "nurseries" by right, they do not permit "Lawn and Garden Supply Stores except by Special Exception." Does "sewer" include septic tanks? 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? Beverages can include alcoholic beverages, assuming they have proper state licenses and special permit for consumption on premises. These lots were recently zoned from AG to IL but the Board denied requested variances. The church would provide religious services, Bible studies, and the use of church facilities for "events" taking place. Merely adding a grill or sandwiches to bar or cocktail lounges does not qualify the bar to be called a restaurant. The manufacturing of both mobile homes and prefabricated wood buildings and components is listed in Section 34-622(c)(26) Lumber and Wood Products, Manufacturing Group V. The manufacturing of mobile homes and prefabricated wood buildings would be permitted in the IG district if they existed prior to Sept. 27, 1993 or in the IPD district. Since the RV and MH districts do not permit "Conventional Single Family Units", the sale of same would be prohibited. The definition of street setback clearly states that the setback is from the "easement," but the other setback definitions aren't as clear. 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. This group includes the most potentially obnoxious industrial uses. 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? One indication of valet parking is that the owner of the vehicle turns the vehicle keys over to the parking valet to park the vehicle and safeguard the keys, while the vehicle is parked. 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. Is this a permitted use? Return to Table of Contents, ARTICLE I - IN GENERAL SECTION 34-2 DEFINITIONS. Answer:Yes. RV1 and RV2 allow a 12inch encroachment for roof overhangs only. Mobile Home | Lee County Property Appraiser Taxation of Mobile Homes in Florida Registration & Renewal Mobile home registrations and renewals are handled by the Tax Collector's Office. 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, 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. In the Board's discussion prior to amending Section 34-1741 - 34-1750, it was clear that the use of the term "open mesh screen" as it applied to fences meant openlink or chainlink fencing which would provide a clear, unobstructed view.Question 2: (I-XVIII)Can "openmesh screen" be interpreted to include a lattice work of wood or other material? 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. Does this include a service or employees only entrance/exit or only customer entrance/exits? How would the required number of parking spaces be determined? 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). If not, what district would permit it? b. All activities must be setback a min. Unless there is a building code or fire regulation to the contrary, a pool, tennis court or other recreational facility may be located as close to the other buildings as desired by the applicant, as long as the buildings are under the same ownership and on the same premises.Question 2: (I-XVIII)When a fence is used in lieu of an enclosure around a pool, is the setback measured to the pool deck or to the edge of the pool water? Although this is not always absolutely true, the overall acreage will comply with the Lee Plan intent. Section 34-1172 specifically states that the definition for "openmesh screen" only applies to that section. Answer:Section 34-2 defines two terms which have a bearing on this question: Plant Nursery means any lot, structure or premises used as an enterprise for the purpose of growing or keeping of plants for sale or resale. Mail - Lee County Property Appraiser, P.O. The definition of Essential Services refers to public or private utility companies, excluding the buildings or structures, while Essential Service Facilities were the buildings or structures. Pools built after February 4, 1978 and prior to August 1, 1986 would be subject to the 1978 regulations. Lee County GIS. 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. Jurisdiction. However, this particular question was recently addressed by the Board of County Commissioners. Answer:Yes. (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. Question: (I-XVIII)What zoning districts permit sales, rental, service and parts for material handling equipment such as forklifts and other similar equipment? Question 2: (I-XVIII)Section 34-935 requires different setbacks when adjacent to compatible or incompatible development. Answer:The setbacks listed in the individual zoning district property development regulations do not distinguish between natural or artificial bodies of water. Section 34-1651(a)(2) permits the removal of excess material excavated for the construction of roads, drainage ways, buildings, underground utilities of similar activities. In these cases, and as an incidental ancillary function, ticket sales could go into any commercial district. Therefore, attendant parking is not the Same as Valet Parking. In the past, they were considered accessory uses to a permitted use. 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? It required setback requirements after a county, lee ceunty po. However, the dictionary defines "primary" as "of first rank, importance, or value.". Therefore, if a Place of Worship is running the activity, it would be permitted within their own facilities. 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? 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. Answer:Yes. In all cases reasonableness should apply. Answer:No. ", 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.". Also, Section 34-1955(c) allows for sales to be conducted in a main sales office located on or off the premises. Answer:No. A review of the permitted uses will also show that bulk storage of petroleum is not a permitted use. 62-610.471 : Setback Distances - Florida Administrative Rules, Law, Code, Register - FAC, FAR, eRulemaking Rule: 62-610.471 Prev Up Next Latest version of the final adopted rule presented in Florida Administrative Code (FAC): History of this Rule since Jan. 6, 2006 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. Packaging or repackaging of materials which does not chemically or physically alter the composition of an item is permitted under "Processing and Warehousing." Answer:Yes. "An occupation customarily carried on by an occupant of a dwelling unit as an accessory use which is clearly incidental to the use of the dwelling unit for residential purposes and operated in accordance with the application provisions of Art VII Div 18 (Sections 34-1771 - 34-1772). 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