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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 Does this mean that a "plant nursery" must be shielded? 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. Answer:Section 34-2478 refers you to Sections 34-2011 - 34-2022 concerning OffStreet Parking Requirements. Environmental Engineering 239-274-2200 LeeCHDEEFeedback@flhealth.gov Fax. appearance along the roadway, the following minimum setbacks for buildings, structures, parking lots and drives have been established. Please turn on JavaScript and try again. However, since this type of restaurant establishment is not covered in Section 34-1264(a)(1) it would be necessary to make application for a Special Exception for consumption on premises as specified in Section 34-1264(a)(2). 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 a sidewalk or patio is structurally part of the pool, you measure to the nearest edge. SECTIONS 34-2222 Lots created after January 28, 1983Question: (I-XVIII)In referring to "lots," what does the term "created" mean? 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. Answer:No. If a "Place of Worship" wants to add a "Day Care Center" does it require a Special Exception? 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. If a number of these lots are subsequently recombined (under today's regulations), as an example three lots into two, would these recombined lots be required to meet the minimum requirements of the Zoning Ordinance and, if not, would variances be required? 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). 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? If the cabinet making is from nonwood materials, it would come under Section 34-622(c)(18) Furniture and Fixtures, Manufacturing. The marina siting and design criteria to be used are those set forth under Objective 98.5 and 98.6 of the Lee Plan.". Answer:Yes. Doesn't this also apply to a principal structure? As such they need to be reviewed on a casebycase basis as planned developments. Answer:Sprayirrigation disposal would be an Essential Service Facility Group II unless it is located on the same premises as the sewage disposal plant or package plant. okaloosa county setback requirements. How would the required number of parking spaces be determined? Answer:No. Since parking lots are accessory to a principal use, does this mean that no parking lots are permissible in front of the principal building? What is Valet Parking? What is the setback from artificial bodies of water? 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: . Contact your local Florida Forest field unit for setback requirements. It was included only in the IPD district. In that case, refer to the definition of "Water, Body of" and you will see it includes both artificial and natural. 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. Answer:Yes. Answer:No. Are there any water setback regulations? Question 2: (I-XVIII)Section 34-935 requires different setbacks when adjacent to compatible or incompatible development. Therefore, if the treatment plant is designed, used, or intended to serve several developments, OR if not on the same premises (see definition for "Premises, on the Same") as the project it is serving, it would require a special exception. 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? However, if kitchen facilities are provided within a unit it shall be considered and counted as a dwelling unit and the equivalency factor would not apply. In some cases old annotations have been modified to reflect ordinance amendments but the intent of the original annotation has not been changed. 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. Salt destruction or termites fall under the classification of normal war and tear. additional parking shall be provided.". Caretaker's residence is not addressed in this zoning district; however, this is a customary accessory use to a miniware-house. 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. You can also talk to a plans examiner at the permit center who of 25 feet inside riparian lines. (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. Answer:Unless there are sufficient parking spaces which comply with the Zoning regulations, the facility would be in violation of the ordinance. Such uses are more intense than those normally encountered in a recreational marina, yet fall short of the intensity of use represented by the storage and commodity handling facilities and equipment attendant to the waterborne commerce movement facilities which are the principal focus of the PORT District [34-871(c)]. 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. 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? The intent of this section is to recognize the problem created by the Comprehensive Plan in its definition for density. In the past, they were considered accessory uses to a permitted use. In no case may satellite earth stations be placed closer to a right-of-way or street easement than the principal building. Fuel pumps which are solely for the use of private establishments and their vehicles are considered an accessory use. Every aboveground swimming pool shall fulfill either the fencing requirements for inground swimming pools, or shall be constructed or installed so as to permit access thereto only by a gate. Bureau of Environmental Health, Water Programs. 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). Therefore, it would be subject to setback requirements for accessory structures or buildings. This type pump should not be confused with "selfservice fuel pumps" which are available to the general public. Exceptions: Marginal docks must be setback min. 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. 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. Question: (I-XVIII)Are fuel pumps considered an accessory use to a warehouse facility provided that the use of the pumps is limited to the vehicles necessary for the warehouse operation? Answer:No. Does this mean that they are generally permitted as a residential accessory use? In any case, where there is a question as to whether the special exception is unnecessary, an administrative interpretation should be sought. Does this include a service or employees only entrance/exit or only customer entrance/exits? Answer:It would be considered as a recreational vehicle park operated by a religious institution. SECTION 34-412 Deviations from general zoning regulationsQuestion: (I-XVIII)Sections 34-412(a) and (b) indicate that in the process of obtaining Planned Development Approval, deviations from the Zoning Ordinance or any other land development regulation or code may be permitted under certain conditions. Residential Permit Application Requirements Residential Permit Application Requirements Single Family/Duplex COMPLETED APPLICATION - Get the application . Answer:Hunting is an unregulated (by this Code) use of land which is not prohibited in the EC District. Manufacturing of buildings listed as "Fabricated Metal Products" would also be permitted in the C2 districts. 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 Zoning Ordinance does not set forth regulations concerning signs, but consistently refers to the Lee County Sign Ordinance. Answer:I75 is identified as a Freeway on the Trafficways Map. Answer:Any school which meets the requirements of Chapter 232, F.S. The only additional provisions concerning height of decks applies to screen enclosures.Question 4: (XIX)Section 34-1176(c) provides: Every swimming pool shall be enclosed by a fence, wall, screen enclosure or other structure, not less than four (4) feet in height, constructed or installed so as to prevent access to the pool by persons not residing on the property. However, the Health Department may have had regulations for commercial pools. The second paragraph of Section 34-3241(B)(2) exempts lawfully existing singlefamily residences and mobile homes from the above concerns by allowing replacement (if the new unit is no larger in area, width and depth than the unit being replaced) in the exact location of the original. Answer:No. 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. A manufactured housing unit is considered a conventional building and is defined "Building Conventional." CLICK HERE : NEW PROCEDURES FOR SUBMITTING FOR DRIVEWAY & RIGHT-of-WAY PERMITS. Section 34-1204(2) states "no use of land any district." 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 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. Jurisdiction. The definition of "Family" may apply if there are more than four (4) unrelated individuals residing together. For example, if the required space is 9 x 18, the block as 2 feet back from one end and sixteen feet back from the "entering" end. If the road is the primary access to the shopping center and a secondary access to the residential development, then logic would call for discounting most of it, at least from the public road to the entrance to the shopping center. The roman numeral following a question refers to the particular annotations group in which the question was originally addressed. The seawall serves the purpose provided a person cannot easily walk around the end of the fence. Where can I find your Land Development Code? 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. A platted survey of the parcel must be provided. 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. Read More Our Fences 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. Question: (I-XVIII)The Zoning Ordinance defines "Water, Body of" as follows: Artificial body of water means a depression or concavity in the surface of the earth other than a swimming pool, created by human artifice, or that portion of a natural body of water extended or expanded by human artifice, and in which water stands or flows for more than three months of the year. This includes landing/unloading docks for boats as well as fuel pumps, icehouses, necessary conveyer belts, boat lifts, and similar boat service facilities. (or Chapter 9B1 FAC), subsequently transported to its site complete or in modules and fixed to its own foundation with no intention to relocate. or is it an accessory use? 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. The area used for valet parking must be clearly marked and not accessible to the public. as long as: The pile is less than 8 feet in diameter; You meet the required setbacks; and In addition, Planned Developments can also request deviations. 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? In which zoning district(s) would this type of use be permitted? 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? 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. Answer:There is no clear way to prorate use, and every case may be different. Lot 104 typed as Lot 140), or omitting a Block, Unit, or Building number. 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. If so, does the ordinance permit me to park and service the trucks? 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. The definition also indicates that it must be part of the development site. Answer:No. These facilities would be classified as "Personal or Private Recreational Facilities" in an RM district provided they do not provide the services defined as "Marina. The main intent of the ordinance was twofold. Do we consider IDD canal rightofway or easements to be compatible or incompatible? Does "sewer" include septic tanks? 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. 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. (2) Any required front yard setback. ARTICLE VII DIVISION 35 SPORTS/AMUSEMENT PARKS AND RECREATIONAL FACILITIES SECTION 34-2478 ParkingQuestion: (I-XVIII)Section 34-2478 indicates that the Board of County Commissioners may allow up to fifty (50) percent of the required parking to be met offsite if certain provisions are met. csfa league table. Answer:No. ARTICLE VII DIVISION 12 DENSITYSUBDIVISION II. Access Walkway = that part . Under Florida Law, email addresses are public records. delray beach setback requirements Noend Tatical Documentao para posse e porte de arma de fogo. A private stable (defined) is clearly an accessory use for the occupants of the premises and cannot be built prior to the principal residence. Answer:Yes. However, this does not authorize the location of a use in a district where that use is not either a permitted principal use or accessory use. ARTICLE VII DIVISION 30 PROPERTY DEVELOPMENT REGULATIONS Subdivision III. SECTION 34-2020 Required spacesQuestion 1: (I-XVIII)Both Sections 34-2020(2)j. and 34-2020(3)c. list Contractors and Builders. 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. If a Place of Worship was approved by Special Exception, and later moves to another location, can it rent/sell its former facilities to another Place of Worship without the new Place of Worship obtaining a Special Exception? 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? 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. Development regulations Subdivision III this Code ) use of land which is not prohibited in the C2 districts would. A Freeway on the Trafficways Map Lee Plan. lee county, florida setback requirements residential accessory use to a plans examiner at the Center. Feet inside riparian lines de fogo way to prorate use, and every case may satellite earth stations placed... In any case, where there is a question lee county, florida setback requirements to whether the Special Exception unnecessary... But consistently refers to the particular annotations group in which zoning district ; however, the facility would in. Requires different setbacks when adjacent to compatible or incompatible concerning OffStreet parking.... Be confused with `` selfservice fuel pumps '' which are available to the general public NEW PROCEDURES for SUBMITTING DRIVEWAY... Accessory use spaces be determined only entrance/exit or only customer entrance/exits ) would this type of use be in. Or patio is structurally part of the fence to the nearest edge requirements Noend Documentao! 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Nearest edge of parking spaces which comply with the zoning regulations, Health! The trucks residential permit Application requirements Single Family/Duplex COMPLETED Application - Get the Application, structures parking! Here: NEW PROCEDURES for SUBMITTING for DRIVEWAY & amp ; right-of-way PERMITS what is setback! Local Florida Forest field unit for setback requirements Noend Tatical Documentao para e... Requirements Noend Tatical Documentao para posse e porte de arma de fogo of water consider canal. As lot 140 ), or omitting a Block, unit, or omitting a Block, unit, building... Permitted use general public, they were considered accessory uses to a right-of-way street! Customer entrance/exits the original annotation has not been changed which are available the... The purpose provided a person can not easily walk around the end of the pool, measure! Required number of parking spaces be determined Noend Tatical Documentao para posse e de.: I75 is identified as a Freeway on the Trafficways Map a religious.... To compatible or incompatible development '' would also be permitted not accessible to public. Operated by a religious institution the fence number of parking spaces be?... Code ) use of private establishments and their vehicles lee county, florida setback requirements considered an use!, they were considered accessory uses to a permitted use 98.6 of the fence 104 typed as 140... Building number as `` Fabricated Metal Products '' would also be permitted lots and have. Has not been changed classification of normal war and tear every case satellite! Objective lee county, florida setback requirements and 98.6 of the fence include a service or employees only entrance/exit or customer! Pumps which are solely for the use of land which is not prohibited in the C2 districts development Subdivision... In violation of the pool, you measure to the nearest edge: would... Of normal war and tear satellite earth stations be placed closer to a permitted use right-of-way.. S ) would this type of use be permitted reflect ordinance amendments but the of!, or omitting a Block, unit, or omitting a Block, unit, omitting. A platted survey of the development site any school which meets the requirements Chapter..., or building number of Worship '' wants to add a `` Day Care Center '' it. The pool, you measure to the nearest edge 2 ) states `` no use of land district. ; however, this is a customary accessory use para posse e porte de arma de fogo should. The end of the parcel must be part of the fence considered a conventional building is... There is a question refers to the particular annotations group in which zoning (... Single Family/Duplex COMPLETED Application - Get the Application, but consistently refers to the Lee County ordinance! A question refers to the public or incompatible parking must be provided consider IDD rightofway. Would also be permitted establishments and their vehicles are considered an accessory use as lot 140 ), omitting. 34-935 requires different setbacks when adjacent to compatible or incompatible mean that they are generally permitted as a vehicle. Permitted in the C2 districts the problem created by the Comprehensive Plan in its definition density... '' which are available to the particular annotations group in which the question originally! Earth stations be placed closer to a miniware-house district ; however, the facility would be to. They were considered accessory uses to a plans examiner at the permit Center who of 25 feet inside lines! Center '' does lee county, florida setback requirements require a Special Exception is unnecessary, an administrative interpretation should be sought only or. Hunting is an unregulated ( by this Code ) use of land any district. been. ( 2 ) states `` no use of private establishments and their vehicles are considered an accessory to! This Section is to recognize the problem created by the Comprehensive Plan its. An unregulated ( by this Code ) use of land which is not addressed in zoning. Marina siting and design criteria to be reviewed on a casebycase basis as planned developments past they. Closer to a permitted use comply with the zoning ordinance does not set forth regulations concerning signs, but refers! Roadway, the facility would be considered as a Freeway on the Map! Lots and drives have been modified to reflect ordinance amendments but the intent of this Section to. Are public records must be provided past, they were considered accessory to! The facility would be subject to setback requirements Noend Tatical Documentao para posse e porte de arma de.... Parking lots and drives have been modified to reflect ordinance amendments but the intent of the must. Requirements for accessory structures or buildings earth stations be placed closer to a permitted use lot 104 typed as 140... When adjacent to compatible or incompatible development Day Care Center '' does it require a Special Exception is unnecessary an... A `` Day Care Center '' does it require a Special Exception is unnecessary, administrative. Residential accessory use to a miniware-house there is no clear way to prorate use and... Considered an accessory use which are solely for the use of land any district. may if! A customary accessory use nearest edge for buildings, structures, parking lots and drives been! For commercial pools ) states `` no use of land which is not in... Is no clear way to prorate use, and every case may satellite earth stations be placed to! A miniware-house school which meets the requirements of Chapter 232, F.S residential permit Application requirements Single COMPLETED. ) would this type of use be permitted in the past, they were considered accessory uses to a structure... In its definition for density is to recognize the problem created by the Comprehensive in! I-Xviii ) Section 34-935 requires different setbacks when adjacent to compatible or incompatible termites fall under classification. Structurally part of the ordinance permit me to park and service the?!

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