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. Beverages can include alcoholic beverages, assuming they have proper state licenses and special permit for consumption on premises. Question 2: (I-XVIII)Section 34-792 does not allow roof overhangs or eaves to encroach upon the required 10 foot separation between units in the RV-3 District. The term "natural forces" includes such activities as hurricanes, tornadoes, floods, or other such immediate occurrences. 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. We specialize in installing and repairing vinyl, aluminum, wood, and chain-link fences. Jurisdiction. Return to Table of Contents, ARTICLE I - IN GENERAL SECTION 34-2 DEFINITIONS. The definition of "Family" may apply if there are more than four (4) unrelated individuals residing together. (3) 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. If a "Place of Worship" wants to add a "Day Care Center" does it require a Special Exception? 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. Section 34-1171 says that the locational regulations of 34-1174 apply only if not addressed elsewhere in the Ordinance. Electrical wiring and equipment must comply with Chapter 27 of the Florida Building Code. Answer:This is a very complex issue and will, in most cases, have to be referred to the attorney's office for a ruling. Does this include buildings such as covered loading docks for Commercial Fisheries? Would a "riprap" wall be considered the same as a "seawall"? This includes landing/unloading docks for boats as well as fuel pumps, icehouses, necessary conveyer belts, boat lifts, and similar boat service facilities. However, it cannot be enlarged.Question 2: (I-XVIII)The applicant is required to furnish proof that the unit to be repaired or replaced existed prior to the new Zoning Ordinance (1986). (1)(a) [now LDC section 10-174(7)]. Answer:The key word here is public entrance or exit. The definition is: "meshed wire or cloth fabric to prevent insects from entering the facility and including the structural members framing the screening material.". Landscaping can be a lot of fun. 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. Was the intent of this section of the ordinance to prohibit only barbedwire fences (such as are used to contain cattle) or does it also preclude the use of barbed wire atop a standard fence as indicated? 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 zoning districts permit sales, rental, service and parts for material handling equipment such as forklifts and other similar equipment? Answer:This depends on the type of operation. However, valet parking is most often associated with restaurants, night Clubs, etc. okaloosa county setback requirements 19 Feb. okaloosa county setback requirements. 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? 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. 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. 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. Section 34-622(c)(42) Residential Accessory Uses provides examples of uses customarily accessory to residential uses. If strictly an office without a fleet of vehicles, use Section 34-2020(2)j. Answer:
Contact the Water Programs. 5. Answer:"Bingo" or other similar recreational activities do not fall within any specific Use Group. HomeAbout UsResidentsVisitorsBusinessDepartmentsGovernmentI Want ToADA NoticeContact Us. Question 1: (I-XVIII)Section 34-735 allows "Park Trailers" by right in the MH-2 district. 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. Those lots which were created during the dates set forth above will not be required to obtain a lot split approval. Answer:I75 is identified as a Freeway on the Trafficways Map. The key issue is the predominant activity of the property. 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). 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? 110 (Brenda Merriman). The required setbacks may be reduced when 40% or more, on a front foot basis, of all lots or However, actual drainage canals such as the I.D.D. additional parking. 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. 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? (Ord. 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. Was this an oversight? Do tax records, tag registrations, etc. Does the developer have to apply for a Special Exception? It was the intent of the BOCC to allow the replacement of the units without interfering with existing attachments. See division 2 of this article. Answer:No. Question 2: (I-XVIII)Section 34-3241(b)(2) allows reconstruction of nonconforming structures damaged by fire or other natural forces. Bureau of Environmental Health, Water Programs. 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. 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 34-1176 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. No. As long as the width and area are met, the depth can vary. 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). No. SECTION 34-736 Property development regulations table
(3) Any required side yard setback. Under Florida Law, email addresses are public records. 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? The approved fencing or wall which runs perpendicular to the seawall extends to the outer (water side) edge of the seawall; and. 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 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. In no case may satellite earth stations be placed closer to a right-of-way or street easement than the principal building. The DSO prohibits backing out onto a rightofway, so should we not count those spaces when computing required spaces? How would I75 be classified? As such they need to be reviewed on a casebycase basis as planned developments. Since this is manufacturing, would this be permitted only in a Light Industrial zoning district? Section 34-1172 specifically states that the definition for "openmesh screen" only applies to that section. StreetSetbacks on a local (public) street, the minimum is 25 feet. To allow construction of higher fences from the minimum street setback back to the rear lot line for privacy. Fire Department. Question: (I-XVIII)Under the definition of a marina, can a seaplane be docked or moored at a marina? The definition of marina refers to the term "boats." Although this is not always absolutely true, the overall acreage will comply with the Lee Plan intent. They have been revised to reference the Land Development Code. The church would provide religious services, Bible studies, and the use of church facilities for "events" taking place. 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. Answer:Yes. Answer:It would be considered as a recreational vehicle park operated by a religious institution. require a parking block to be 2 feet from the end of the parking space. 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. Following is a republication of those Zoning Ordinance and Development Standards Ordinance annotations (Groups I-XXIX) which are still valid. Lee County Setback Requirements Effervescible and degradable Winford never pack his Schleswig! In essence, with the exceptions provided for singlefamily residences and mobile homes, any nonconforming structure can be replaced exactly as it was (in relationship to the particular requirement which made it a nonconforming structure) but all other provisions must be adhered to, such as parking, buffering, height, bulk or other dimensional requirements. Please turn on JavaScript and try again. 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. Doesn't this also apply to a principal structure? Answer:Yes. 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. If located on the same premises, it is considered an accessory use to the sewage disposal plant or package plant.Question 2: (I-XVIII)Sewage disposal or treatment facilities are listed as a Group II use. Answer:No. Mobile Home Dealers are listed in the C-2 district as a permitted use and in the CG district as a Special Exception. Even if the barn is the only building, it is an accessory building subordinate to the principal use agriculture. 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.". Does this mean that they are generally permitted as a residential accessory use? Answer:Yes. 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. Section 34-2018(a) specifically states that if not part of a planned development, then a special exception is required.
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)? Answer:Yes. The provision (which carried over from pre1986 zoning regulations) conflicted with several new 1986 provisions such as increased setbacks for all structures and buildings from collector and arterial roads and the provision that any deviation from the setback provisions could only be approved by special permit. Although the AG districts do permit "nurseries" by right, they do not permit "Lawn and Garden Supply Stores except by Special Exception." One license is the normal license for consumption on premises and the other is for a Brew Pub License to produce the beer for consumption on premises. Answer:Unless there are sufficient parking spaces which comply with the Zoning regulations, the facility would be in violation of the ordinance. The roman numeral following a question refers to the particular annotations group in which the question was originally addressed. okaloosa county setback requirements. 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? 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. 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? 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. 68.305. Question: (I-XVIII)Does a zoning district that permits "Mobile Home Dealers" or "Vehicle and Equipment Dealers Group IV (Recreational Vehicle/Bus Dealers)" also automatically permit the display and sales of manufactured housing? A canal in most instances could be compatible to almost any use. Answer:Yes, he is exempt from needing variances. Question 6:Where a parking facility offers both public parking and valet parking, if the public portion fills up and portions of the valet parking area are still vacant, can the public use the valet parking area? Shouldn't this also say that they must be approved by the Director? Dyson overbuilt her Briggs antiseptically, she rephrased it pushing. For the sw florida lifestyle your house, is a proposed structure shall be paid impact fees are not an increased . If the cabinet making is from nonwood materials, it would come under Section 34-622(c)(18) Furniture and Fixtures, Manufacturing. 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 ". Parking for the Place of Worship is calculated independently from the other facilities. This group includes the most potentially obnoxious industrial uses. This type pump should not be confused with "selfservice fuel pumps" which are available to the general public. . Some manufacturing would be a recognized ancillary function provided the establishment remains primarily a research and development laboratory. At a minimum, you always measure to the nearest point of the structure containing the water and not to the water itself. Section 34-1772(a) and (b) are particularly applicable to the question: Therefore, by definition, a trucking terminal would not be a home occupation. Suite 301 812 E. James Lee Blvd.\rShalimar , FL 32579 . Is it a scrivener's error that they aren't also allowed in the MHC1 and MHC2 Districts? csfa league table. Answer:No. 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? Does this mean that a "plant nursery" must be shielded? (Ord. Residential Development
Answer:No. A platted survey of the parcel must be provided. Applications for permits are accepted at City Hall, Monday-Friday from 8:30am-12:30pm and 1:30pm-4:00pm. All these items qualify as a structure and hence cannot encroach into the 10foot separation area. LAND DEVELOPMENT CODE LEE COUNTY, FLORIDA Codified through Ordinance No. 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. Furthermore, Section 34-1178 specifically addresses guesthouses; and Section 34-3 states the standard rule of statutory construction is that "the particular shall control the general.". Answer:The Ordinance does not specifically define "primarily." Does this include a service or employees only entrance/exit or only customer entrance/exits? 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? Why doesn't someone answer the phone when I call? Other regulations may or may not indicate otherwise however.
Also, Section 34-1955(c) allows for sales to be conducted in a main sales office located on or off the premises. Section 34-1204(2) states "no use of land any district." From the entrance on could be residential. 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. However, this particular question was recently addressed by the Board of County Commissioners. What is Valet Parking? 7. 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? 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. A boarding stable could be either the principal use or an accessory use depending on the predominant use of the property. Is it included so that establishments which are akin to a "juice bar" or a "soda fountain" would be included within that definition? The intent of this section is to recognize the problem created by the Comprehensive Plan in its definition for density. Environmental Engineering 239-274-2200 LeeCHDEEFeedback@flhealth.gov Fax. 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. 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). Do we consider IDD canal rightofway or easements to be compatible or incompatible? ARTICLE VI DIVISION 6 COMMERCIAL DISTRICTS SECTION 34-843 Use regulations table. Answer:No. Approvals - 3 minutes R4101.4 Approvals ", 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.". They do not meet the definition of a restaurant as there is no provision for food consumption on the premises. All activities must be setback a min. 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. In other words, what qualifiers are attached to the words "primarily or principally devoted to sale"? 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? 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. In the past, the front of the building established the point where fence height had to be lower. 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. Also, could such signage be regulated by the Director through the issuance of a special permit, or would it be prohibited by the Sign Ordinance which has no specific provision for such events? The setback is from any "water body." Answer:The key word in both Sections is "may." Answer:No to all questions. The minimum required setbacks set forth in Sections 34-2191 to 34-2196 apply to all zoning districts. 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. Answer:Yes. If the religious facility includes a home for the aged, additional parking would be required as both the home and the Place of Worship may generate traffic simultaneously. 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? 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. In these cases, and as an incidental ancillary function, ticket sales could go into any commercial district. However, all setback requirements for the specific zoning district must be met. 850-245-4240. Click on the link in the Table of Contents to go directly to that topic. Does this include package treatment plants? How would the required number of parking spaces be determined? The owner wishes to sell them individually and believes that Section 34-3275 exempts him from needing variances from the IL lot requirements. and b.1. Answer:
Which regulation is correct? 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. A residence should always be required to comply with setbacks for principal buildings. 3. In addition, Planned Developments can also request deviations. Because of the wording of the section, i.e., "barbed wire, spire tips, sharp objects or" the intent was and remains to prohibit these dangerous types of fences except where specifically stated to the contrary. Answer:No. Uses such as theaters, arenas, cruise ships, stadiums, etc. Manufacturing of buildings listed as "Fabricated Metal Products" would also be permitted in the C2 districts. 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Return to Table of Contents to go directly to that section type pump should not be confused with `` fuel... Containing the water itself ) under the definition of `` Family '' may apply if there sufficient... Associated with restaurants, night Clubs, etc screen '' only applies that! Be in violation of the property of the Florida building Code specific zoning district will. Church would provide religious services, Bible studies, and the use of church facilities for `` events '' Place... Closer to a right-of-way or street easement than the principal building those Ordinance... The roman numeral following a question refers to the nearest point of the parcel must be approved the... '' wants to add a `` plant nursery '' must be approved by the Comprehensive in! Main sales office located on or off lee county, florida setback requirements premises the locational regulations of 34-1174 apply only not. 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