lee county, florida setback requirements

Posted: 14. 04. 2023 | Author: | Category: kobe last words before he died

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. A guesthouse is not a customary accessory use for purposes of this Ordinance. (or Chapter 9B1 FAC), subsequently transported to its site complete or in modules and fixed to its own foundation with no intention to relocate. from the principal building. Dyson overbuilt her Briggs antiseptically, she rephrased it pushing. (Ord. 4. A canal in most instances could be compatible to almost any use. 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.". @leecountyflbocc as long as: The pile is less than 8 feet in diameter; You meet the required setbacks; and Does this include "roofovers"? AskEH@flhealth.gov. 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? . Conversely, if the road is primarily to the residential project and provides only secondary access to the shopping center, then more of it could be credited toward gross density. Not all building is prohibited in the required open spaces. (2) Any required front yard setback. However, if a road serves, for example, a shopping center and then continues on behind the shopping center to serve a residential project, how it is to be counted is not clear. For the sw florida lifestyle your house, is a proposed structure shall be paid impact fees are not an increased . The church would provide religious services, Bible studies, and the use of church facilities for "events" taking place. If the power company owns the underlying fee and not the developer, then it could not be counted. Answer:Yes. SECTION 34-874 Property development regulations tableQuestion: (I-XVIII)Section 34-874, Footnote (3), indicates that boat service buildings or structures may be built up to the mean high water line, in the CM, IM, and PORT districts. Answer:No. The definition also indicates that it must be part of the development site. Packaging or repackaging of materials which does not chemically or physically alter the composition of an item is permitted under "Processing and Warehousing." 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. 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? The definition of street setback clearly states that the setback is from the "easement," but the other setback definitions aren't as clear. Answer:Yes. 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? Question 2: (I-XVIII)Can recreational vehicles be placed in the MHC-1, MHC-2, MH1, MH2, MH3 or MH4 zoning district? 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. 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? A private stable (defined) is clearly an accessory use for the occupants of the premises and cannot be built prior to the principal residence. Subsection 34-2194(c)(2) indicates that Docks, Seawalls, other Watercraft Landing Facilities are subject to Section 34-1863 which states: 34-1863 Construction and maintenance of docks, seawalls, and other structures designed for use on or adjacent to waterways. By requesting an average setback, your neighbor will be able to place their residence/structure in a manner consistent with similar structures in the neighborhood. Fax. Answer:Yes. 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? 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. Answer:Yes. Section 34-1772(a) and (b) are particularly applicable to the question: Therefore, by definition, a trucking terminal would not be a home occupation. Question: (I-XVIII)What zoning districts will permit "lottery ticket" sales? Maximum required is 25 feet. In some cases old annotations have been modified to reflect ordinance amendments but the intent of the original annotation has not been changed. Section 34-3021(c) lists uses that are permitted by right when clearly subordinate to the principal use, subject to specific requirements. Suite 301 812 E. James Lee Blvd.\rShalimar , FL 32579 . 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. It indicates, "Click to perform a search". Even if the barn is the only building, it is an accessory building subordinate to the principal use agriculture. (1) Any public drainage and utility easement. 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)? Under Florida law, adjoining landowners are under no legal obligation to erect fences dividing their land. 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. 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? Economic Development. Doesn't this also apply to a principal structure? 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. 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. The second alternative is Section 34-622(c)(39) "RENTAL OR LEASING ESTABLISHMENTS Group IV Construction Equipment, Trucks", if leasing is the primary emphasis. The marina siting and design criteria to be used are those set forth under Objective 98.5 and 98.6 of the Lee Plan.". In which zoning district(s) would this type of use be permitted? 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. Landscaping can be a lot of fun. 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. Since this is manufacturing, would this be permitted only in a Light Industrial zoning district? ", 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:Section 34-2478 refers you to Sections 34-2011 - 34-2022 concerning OffStreet Parking Requirements. In any case, where there is a question as to whether the special exception is unnecessary, an administrative interpretation should be sought. Answer:With the exceptions of streets, and bodies of water, any "easement" across private land may be included in calculating setback distance. Section 34-2015 (1) states: "all required parking spaces shall be provided on the same premises and within the same or similar type zoning district as the use which they serve. To allow construction of higher fences from the minimum street setback back to the rear lot line for privacy. Answer:No. 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. (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. 110 (Brenda Merriman). Lee County Clerk's Office. 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? Does this include deviations from the Impact Fee Ordinance(s)? Answer:Any storage other than the plants themselves must be screened. Answer:Yes. Other regulations may or may not indicate otherwise however. Please turn on JavaScript and try again. 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). 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. SECTION 34-2015 Location and design generally Valet Parking: (XXIX)Question 1: The Zoning Ordinance does not distinguish between central sewer or septic. Approvals - 3 minutes R4101.4 Approvals Answer:The term "or beverages" was included for the reason you indicate to cover "juice bars, soda fountains, and other similar establishments." 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? "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. 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 The approved fencing or wall which runs perpendicular to the seawall extends to the outer (water side) edge of the seawall; and. 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? Answer:Yes, provided all applicable regulations are met such as parking and any special conditions required at time of approval. - Other Setbacks. ARTICLE VIII DIVISION 3. SECTION 34-1176 Swimming pools, tennis courts, decks and similar recreational facilitiesQuestion 1: (I-XVIII)There is no setback or distance separation requirement for a swimming pool or tennis court from the principal building. Answer:No. The term "natural forces" includes such activities as hurricanes, tornadoes, floods, or other such immediate occurrences. 68.305. The permit center provides some sample plans for commonly built private buildings. Are there any water setback regulations? Answer:A Place of Worship is limited to church/synagoguerelated religious functions. 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." Question: (I-XVIII)What Use Activity Group and what zoning districts allow organizations to conduct "Bingo" activities? 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. Manufacturing of buildings listed as "Fabricated Metal Products" would also be permitted in the C2 districts. StreetSetbacks on a local (public) street, the minimum is 25 feet. The definition of marina refers to the term "boats." * Please Note: A Hold Harmless Agreement is required when applying for a driveway permit for a paver or stamped concrete driveway. These buildings would be permitted in the IG district subject to special setbacks or in the CPD, MPD and IPD districts. 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. 6. 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. 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. 22-07, adopted March 1, 2022. Answer:No. Answer:"Roofovers" which are physically attached to, and become part of, the original roof are permitted. Therefore, it would be subject to setback requirements for accessory structures or buildings. Answer:There is no clear way to prorate use, and every case may be different. 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." From the entrance on could be residential. 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.". Answer:There is no depth requirement. Was this an oversight? Return to Table of Contents, ARTICLE I - IN GENERAL SECTION 34-2 DEFINITIONS. Section 34-1171 says that the locational regulations of 34-1174 apply only if not addressed elsewhere in the Ordinance. Question: (XXI) Gross density allows calculation of roads used for residential purposes, but does not include lands used for commercial, office, and industrial uses. 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. 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. 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. Contact the Water Programs. The word beverage in the definition of "Restaurant, Standard" is a more general term whereas in the definition of "Bar or Cocktail Lounge" a more specific type of beverage is defined. 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. Answer:No. Section 34-622(c)(42) Residential Accessory Uses provides examples of uses customarily accessory to residential uses. Mobile homes, Recreational Vehicles, and Park Trailers are all specifically defined. Question: (I-XVIII)Does the IM Marine Industrial District allow bulk storage of petroleum products? The definition was originally adopted in the Planned Development Ordinance and was incorporated into the Zoning Ordinance. In the case of a 50 x 80 foot lot, created prior to June, 1962, setbacks required would be: In the example, the rear setback is 27 feet (80 feet less 25 foot street setback = 55 feet, divided by 2 = 27 feet). In accordance with the definition of "on the same premises" the removal of excavated materials from one parcel to another would be permitted provided the abutting lot (parcel) is in the same ownership. Several methods exist by which the Board of County Commissioners can waive certain requirements: Section 34-2017(c) addresses temporary lots and 34-2018 addresses joint parking facilities. Answer:In most, if not all cases, lottery ticket sales will not be the primary use of the property. 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? Answer:No. If an existing attachment is removed for purposes of replacing the mobile home or RV unit, it may be reattached to the new unit. Does that definition apply when used in Section 34-1741 - 34-1750 Fences, Walls, Gates, and Gatehouses? 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. 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. ARTICLE VI DISTRICT REGULATIONS The use appears to be similar to that of a convenience store with a high turnover lot. RV1 and RV2 allow a 12inch encroachment for roof overhangs only. However, the Lee Plan Rural and Open Land use categories require one (1) acre. Is my address in the city limits? 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. 239-274-2201 Mailing Address. Although this is not always absolutely true, the overall acreage will comply with the Lee Plan intent. Answer:No. However, it could be incompatible when adjacent to a tot lot or other recreational facility where children could be exposed to a hazard if proper precautions are not provided (such as a high fence, etc. This person's property is located at: (Address or legal description of property for which average setback is requested.) (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."). It was included only in the IPD district. Answer:The intent of the ordinance was that these ratios apply primarily to principal uses within a planned development. 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. Contact your local Florida Forest field unit for setback requirements. 850-487-0864. The intent of this group is to provide for the contractors and builders who erect and/or repair buildings, etc. If the power company reserves the right to approve or reject any other use of the property, then it would depend on whether or not the power company will allow any of the open space uses. Could the word "beverages" also include alcoholic beverages, thereby allowing a bar, whose principal business is the sale of a beverage (in this case, alcoholic beverages) to also fall within the definition? The regulations deliberately deleted minimum separation for pools, etc. Sarasota Seminole Sumter Suwannee Taylor Union Volusia Wakulla All Rights Reserved. This chapter shall apply to the unincorporated areas of the county. additional parking. Answer:No. 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. The setback requirements that are in place for the main house or an attached garage. Unless more stringent setbacks have been delineated upon a plat as part of an approval requirement, the following setbacks shall be required for main buildings: (See Figures 1&2) consistent with BMC 20.30.040. If the cabinet making is from nonwood materials, it would come under Section 34-622(c)(18) Furniture and Fixtures, Manufacturing. Manufacturing of wood cabinets is specifically listed under Section 34-622(c)(26) Lumber and Wood Products, Manufacturing Group II. Lot 104 typed as Lot 140), or omitting a Block, Unit, or Building number. 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? The lots to not meet the requirements for IL but do exceed the nonconforming minimum size of 4,000 square feet and 40 x 75 foot dimensions. The emphasis is on Putnam St. Johns St.Lucie Santa Rosa - You can apply for An exemption as long It's not greater than 600 square feet. 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:Hunting is an unregulated (by this Code) use of land which is not prohibited in the EC District. Answer:Yes, the intent of that wording was to allow buildings and structures which are used to service boats to be placed close to the water. Answer:No. Answer:No, the Division of Alcoholic Beverages and Tobacco require a restaurant and/or bar or lounge, which contains this type of facility, to have two licenses. The site plan submitted shows the parking spaces in question as an integral part of the shopping center parking lot, in that common entrances and aisles are used. Section 34-1204 (3) states "no use of land any hotels, motel, restaurant, school (non-commercial), day care center (child), park, playground, place of worship, religious facility, public recreational facility ." Section 34-1204(1) specified: "from the closest wall." Answer:No. The definition of a marina specifically excludes "docks, davits, boathouses and similar facilities appurtenant to a residential land use providing only docking or mooring." or is it an accessory use? Answer:This depends on the type of operation. Research and development of drugs would be permitted under "Research and Development Laboratories Group II" and research and development of cosmetics would be permitted under Research and Development Laboratories Group IV."

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