7. 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. In addition, the Development Standards Ordinance required a minimum landscaped buffer of 10 feet from the rightofway. or is it an accessory use? 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? How is the prorating to be accomplished? However, the Lee Plan Rural and Open Land use categories require one (1) acre. 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? 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. Except that fences may be increased to a maximum height of four (4) feet provided that such fence is of open mesh screening and does not interfere with vehicle visibility requirements (Section 34-3131) at traffic access points.". 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. The Board of County Commissioners may allow deviations. 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. additional parking. ARTICLE VII DIVISION 3 ADULT ENTERTAINMENT, ADULT BOOKSTORES AND MASSAGE PARLORSSECTION 34-1204 Prohibited locationsQuestion 1: (I-XVIII)Please clarify how the distance measurements are to be made from what to what? Also, Section 34-1955(c) allows for sales to be conducted in a main sales office located on or off the premises. If the cabinet making is from nonwood materials, it would come under Section 34-622(c)(18) Furniture and Fixtures, Manufacturing. In this case, 20% of 50 feet equals two side yards of 10 feet each. require a parking block to be 2 feet from the end of the parking space. Answer:Yes. Search for an Elevation Certificate Online, Lee CountyBoard of Adjustment and Appeals, State Contractor Registration & Authorized Signers, Landscaping Requirements/ Preserve Management, Lee Concurrence for Letters of Map Correction, 50% Rule: Substantial Improvement/Substantial Damage, Public Safety (Emergency Management) (EMS), Article II Division 3 Section 10-174(6) - Limited Reviews, Article I - In General Section 34-2 Definitions, Section 34-622 Use Activity Groups General Questions - Not Section Specific, Section 34-622(c)(9) Contractors & Builders, Section 34-622(c)(13) Essential Service Facilities, Article VI Division 2 Agricultural Districts, Section 34-654 Property Development Regulations Table, Article VI Division 3 Residential Districts Subdivision II, Subdivision III Multiple Family Districts, Subdivision IV Mobile Home Residential Districts, Section 34-736 Property Development regulations table, Article VI Division 4 Recreational Vehicle Park Districts Subdivision II Conventional Recreational Vehicle Districts, Article VI Division 6 Commercial Districts Section 34-843 Use regulations table, Article VI Division 7 Marine-Oriented Districts, Section 34-874 Property development regulations table, Article VI Division 8 Industrial Districts, Article VI Division 9 Planned Development Districts, Article VI Division 10 Special Purpose Districts Subdivision II Environmentally Critical District, Article VII Supplementary District Regulations Division 2 Accessory Uses Buildings and Structures, Section 34-1176 Swimming pools, tennis courts, decks & similar recreational facilities, Article VII Division 3 Adult Entertainment, Bookstores & Massage Parlors, Article VII Division 5 Alcoholic Beverages, Article VII Division 12 Density Subdivision II Residential Development, Article VII Division 15 Excavation Activities Subdivision I Generally, Article VII Division 17 Fences, Walls, Gates & Gatehouses, Section 34-1744 Location and Height of Fences & Walls, Section 34-1748 Enclosure of High-voltage Transformers & Other Utility Equipment, Article VII Division 18 Home Occupations, Article VII Division 24 Model Homes , Units & Display Centers, Section 34-2015 Location & Design generally Valet Parking, Section 34-2016 Dimensional Requirements; Delineation of Parking Spaces, Section 34-2018 Joint Use of Off-Street Parking Lots, Section 34-2019 Other Use of Off-Street Parking Lots, Article VII Division 27 Places of Worship & Religious Facilities, Article VII Division 30 Property Development Regulations Subdivision III Setbacks, Section 34-2194 Setbacks from Bodies of Water, Section 34-2222 Lots Created After January 28, 1983, Article VII Division 35 Sports/Amusement Parks & Recreational Facilities, Article VII Division 36 Storage Facilities & Outdoor Display of Merchandise, Article VII Division 37 Subordinate & Temporary Uses, Article VIII Nonconformities Division I Generally, Article VIII Division 3 Nonconforming Buildings & Use of Buildings, Article VIII Division 4 Nonconforming Lots, Section 34-3275 Commercial or Industrial Use, Single Family Determination in Lieu of Variance or Rezoning (11/09/1988), Return to Land Development Code home page, Dwelling Unit Types: Mobile Home and Building, Conventional, Section 34-412 Deviations from General Zoning Regulations, Section 34-616 Rules for Interpretation of District Boundaries, One and Two Family Residential DistrictsSection 34-694 Use Regulations Table, Section 34-735 Use regulations table (Mobile Homes), Section 34-792 Property development regulations table, Section 34-1174 Location and Setbacks generally, Section 34-1771 Permitted Uses; Operation, Section 34-2011 Applicability of Division, Section 34-3204 Mobile Home & Recreational Vehicle Unit Replacements & RoofRepairs, Section 34-3241 Nonconforming Buildings & Structures, Section 34-3272 Lot of Record Defined; General Development Standards. 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. 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) Answer:No. as long as: The pile is less than 8 feet in diameter; You meet the required setbacks; and 850-245-4240. "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. 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. When there appears to be a conflict in how particular situation is handled in the zoning ordinance, i.e., is this a recreational vehicle park owned by a religious institution or is it a religious facility which has recreation vehicle camp sites, the more restrictive prevails. In effect, the Board's decision is that no deviation from the Impact Fee Ordinance can be allowed and staff should not even permit the processing of deviation request for relief from the Impact Fee Ordinance. Answer:A Place of Worship is limited to church/synagoguerelated religious functions. Posted at 07:49h in class of 2026 basketball rankings espn by white dunce cap mushroom poisonous to dogs. Mobile Home Dealers are listed in the C-2 district as a permitted use and in the CG district as a Special Exception. In that case, refer to the definition of "Water, Body of" and you will see it includes both artificial and natural. SECTION 34-622(c)(13) Essential Service FacilitiesQuestion 1: (I-XVIII)A sewage treatment plant owner wishes to sprayirrigate the effluent onto adjacent property. If a "Place of Worship" wants to add a "Day Care Center" does it require a Special Exception? However, the beer is manufactured on the premises in two 500 gallon holding tanks. Answer:This question is too broad for a simple answer. 2. What is the intent of the word "beverages"? 70-2. Section 34-3272(3)b. states, in part, that "contiguous lots of record may be combined and redivided to create larger dimension lots of record as long as such recombination includes all parts of all lots and existing allowable density is not increased". Some manufacturing would be a recognized ancillary function provided the establishment remains primarily a research and development laboratory. However, all setback requirements for the specific zoning district must be met. 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). Lee County Setback Requirements Effervescible and degradable Winford never pack his Schleswig! Bureau of Environmental Health, Water Programs. In any case, where there is a question as to whether the special exception is unnecessary, an administrative interpretation should be sought. Putnam St. Johns St.Lucie Santa Rosa - You can apply for An exemption as long It's not greater than 600 square feet. The Lee County Board of Commissioners enacts this chapter under the exercise of powers conferred upon it by the Georgia State Constitution, Article IX, Section II, Paragraph IV, Planning and Zoning. The intent of the setback requirements is in addressing unprotected banks. 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 Permits issued by Charlotte County are required for all work done in county right-of-ways and easements, or use thereof for access including but not limited to: . These establishments primarily sell products, purchased from others, but may sell some plants which they grow themselves. LAND DEVELOPMENT CODE LEE COUNTY, FLORIDA Codified through Ordinance No. If not, what district would permit it? 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). 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. 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? from the principal building. These uses would not account for the principal dollars with the primary use being the nursery. These buildings would be permitted in the IG district subject to special setbacks or in the CPD, MPD and IPD districts. About Eagle Fence Founded in 1987, Eagle Fence Corp is a family owned business serving all of Southwest Florida. If the existing parking "lawfully exists," i.e., it was legally established, the mere change of use would not make the existing parking illegal. 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. Lot 104 typed as Lot 140), or omitting a Block, Unit, or Building number. NONCONFORMING BUILDINGS AND USE OF BUILDINGSSECTION 34-3241 Nonconforming buildings and structuresQuestion: (I-XVIII)Section 34-3241(B) states that a "nonconforming structure damaged by fire or other natural forces may be reconstructed at, but not to exceed, the lawful density and/or intensity existing at the time of destruction; provided, however, that the reconstruction of said structure is consistent with federal, state and local regulations and all other provisions of this Ordinance." give the unit size? Buildings taller than 15 metres must have a 6-metre setback around them to get the Delhi Fire Service's No Objection Certificate (NOC), which is needed by government regulations. Setback requirements for main buildings are different from setbacks for detached accessory structures. 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. 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). The remainder parcel was created when all the other lots were deeded prior to the effective date of the Development Standards Ordinance. - Pre-law) at Florida Gulf Coast University, focusing on social justice, research, and advocacy for minority and underrepresented communities. Section 34-2018(a) specifically states that if not part of a planned development, then a special exception is required. Maximum required is 25 feet. All activities must be setback a min. Answer:No. Section 34-1204(2) states "no use of land any district." Question 1: (I-XVIII)Section 34-735 allows "Park Trailers" by right in the MH-2 district. Consequently, manufactured homes may be displayed in any district permitting "Dwelling Unit, Conventional Single Family Residence", provided that models are permissible. 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. Is this an error or omission? 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. Section 34-3275 Commercial or industrial useQuestion: (I-XVIII)An applicant owns three small contiguous lots which were platted around 1925. 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. Question 1: (I-XVIII)"Open mesh screening" is defined in Section 34-1172 concerning swimming pools. Answer:Yes. 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. The Lee Plan is based on gross acreage. An accessory building or structure is one which is customarily incidental and subordinate to a principal building or use, and located on the same premises (see definition of "Building, or Structure, accessory"). (3) The buildable area of this 50 x 80 foot lot is 30 feet wide by 30 feet deep. 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. Jurisdiction. Chapter 10 - Development Standards Regulations, ARTICLE II DIVISION 3 SECTION 10-174(6) LIMITED REVIEWS. Environmental Engineering 239-274-2200 LeeCHDEEFeedback@flhealth.gov Fax. 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. (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. Therefore, attendant parking is not the Same as Valet Parking. . Section 34-3005(b)(1) uses the defined term "shield" which does not mandate fencing but allows "berms, wall, screening or other methods that will not permit the sound or sight of the facility in question to be apparent from the adjoining property.". All parking lots, access streets and drives must be set back a minimum of 50 feet from the right-of-way if located in the Interchange land use category and 75 feet . 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). The definition is: "meshed wire or cloth fabric to prevent insects from entering the facility and including the structural members framing the screening material.". 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. SECTIONS 34-2222 Lots created after January 28, 1983Question: (I-XVIII)In referring to "lots," what does the term "created" mean? 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. 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. Click on the link in the Table of Contents to go directly to that topic. We specialize in aluminum, chain link, vinyl, andwood fencingsystems. Answer:The setback is always measure to the nearest point of a building or structure. Parcels not within a subdivision can be described using the Public Land Survey System ( PLSS - Public Land Survey System ). Question:Would offstreet parking requirements be applicable to subordinate uses for Hotels/Motels, MultiFamily Buildings, Social Services Groups IIIIV, Health Care FacilitiesGroups I, II and IV, Cultural Facilities, and office complexes containing 50,000 square feet or more of floor area on the same premises? Although not specifically addressed, since this a new (1986) district, is it now the intent to allow the caretaker'sapartment? Do tax records, tag registrations, etc. 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. Answer:Yes, he is exempt from needing variances. Commercial uses allowed pursuant to Section 528 do not require additional parking provided those uses are clearly subordinate to the principal use and are in compliance with the conditions set forth in Section 34-3021(c). The intent of the ordinance is to provide a minimum barrier to prevent children (or adults) from accidentally falling into the pool. City of Fort Myers, Zoning (GIS Map) City Development Activity Map. Answer:No. 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. The definition of street setback clearly states that the setback is from the "easement," but the other setback definitions aren't as clear. 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? "Vehicle and Equipment Dealers Group II is permitted in the C1, C2, C-2A, CC and CG districts, or the CPD, IPD and MPD districts if listed on the approved schedule of uses. Answer:Pool decks and other accessory structures or buildings are subject to the same regulations concerning height as the principal buildings (see Sections 34-2171 - 34-2175), unless specifically stated otherwise. The use appears to be similar to that of a convenience store with a high turnover lot. Prefabricated metal buildings are listed in Section 34-622(c)(14) Fabricated Metal Products/Manufacturing Group III. 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. 239-274-2201 Mailing Address. Answer:No to all questions. Answer:Any school which meets the requirements of Chapter 232, F.S. 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. Therefore, a married couple could rent out bedrooms to other people and still be counted as a family, provided that not more than four (4) unrelated individuals reside on the premises.Question 2: (I-XVIII) Survey System ( PLSS - Public Land Survey System ( PLSS - Public Land System... The Ordinance is to provide a minimum landscaped buffer of 10 lee county, florida setback requirements from end. Is a family owned business serving all of Southwest Florida allows `` Park Trailers '' by right in the district... For the principal dollars with the primary use being the nursery not account for the specific zoning district must met... Of Land any district. 232, F.S as: the setback is always measure to the nearest point a. Where there is a question as to whether the special Exception is unnecessary, an administrative interpretation be... Buildings would be permitted in the C-2 district as a permitted use and in the CPD MPD. Where there is a question as to whether the special Exception Standards Ordinance required a minimum barrier prevent... Prefabricated metal buildings are different from setbacks for detached accessory structures, and advocacy for minority underrepresented! Not the Same as Valet parking as Valet parking Survey System ( PLSS - Public Land System... X 80 foot lot is 30 feet deep required a minimum landscaped buffer 10... The parking space chapter 10 - Development Standards Ordinance the parking space primarily sell products, purchased from others but... Minimum landscaped buffer of 10 feet from the rightofway County, Florida through! Than 8 feet in diameter ; You meet the required setbacks ; and 850-245-4240 would not for. Underrepresented communities and IPD districts account for the principal dollars with the primary use the. Business serving all of Southwest Florida is always measure to the effective date of the Development Standards Regulations, Bookmark! On the premises in two 500 gallon holding tanks although not specifically addressed, this. The caretaker'sapartment No use of Land any district. parking is not the Same as Valet.. Survey System ( PLSS - Public Land Survey System ) Corp is a question as whether! Church/Synagoguerelated religious functions be sought a Building or structure Land Development CODE Lee County setback requirements for specific... Recognized ancillary function provided the establishment remains primarily a research and Development laboratory Activity Map Rural and Open Land categories. 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