The Lee Plan is based on gross acreage. Answer:The Ordinance does not specifically define "primarily." Code state. 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? 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 the property fronts on a sea walled body of water, can the seawall act as the barrier to prevent unauthorized access to the pool? Quick Links. AskEH@flhealth.gov. ARTICLE VI DIVISION 10 SPECIAL PURPOSE DISTRICTS SUBDIVISION II Environmentally Critical District SECTION 34-983 Use regulationsQuestion: (I-XVIII)Is "hunting" a permitted use in the EC zoning district? 2.)
The private street setback is intended only for those streets which are privately owned and privately maintained. No. "Use of land" would mean property line of the use and "closest wall" is self explanatory. Residential Development
However, this particular question was recently addressed by the Board of County Commissioners. Also, Section 34-1955(c) allows for sales to be conducted in a main sales office located on or off the premises. It is questionable that a parcel this small could be readily developed due to the regulations for parking, setbacks, buffering, etc. SECTION 34-1492 Definitions (3)Question: (I-XVIII)Section 34-1492(3) requires prorating the amount of street area that can be used to compute residential density when the street serves commercial or industrial uses as well as residential use. Answer:In reviewing the use activity groups it would appear that two options are available, depending on the primary emphasis of activity. Other federal, state or local regulations: If above regulations exist which would prohibit reconstruction or limit reconstruction, these provisions would have to be reviewed. Answer:If the building, or home, is built and certified to be in conformance with 24 CFR 3280; but has the same steel frame under-structure required on all current HUD Code Homes, meaning that it is transportable with wheels and axles just like other mobile homes; and, if it is emplaced and tied down in accordance with Chapter 15 C1 FAC, then it would qualify as a mobile home and would be permitted in mobile home zoning districts. Would a "riprap" wall be considered the same as a "seawall"? canals are considered as artificial bodies of water. From the entrance on could be residential. (3) 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. Even if the barn is the only building, it is an accessory building subordinate to the principal use agriculture. Read More Our Fences Answer:This is a very complex issue and will, in most cases, have to be referred to the attorney's office for a ruling. Was this a scrivener's error? They do not meet the definition of a restaurant as there is no provision for food consumption on the premises. What does this mean? These are strictly delivery services with an incidental take out trade. The setback is from any "water body." 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. Dyson overbuilt her Briggs antiseptically, she rephrased it pushing. 239-274-2201 Mailing Address. Answer:Yes, [if part of a Final Development Order.] The regulations deliberately deleted minimum separation for pools, etc. Question: (I-XVIII)Can an existing marina in a C1-A, C1, C-2, C-2A, CG, or CT district be expanded? These lots were recently zoned from AG to IL but the Board denied requested variances. Florida DEO . The definition of "Place of Worship" includes "church/synagogue ministries involving classes for 100 or less children during the week, and other church/synagogue sponsored functions, which do not exceed the occupancy limits of the building.". Answer:Hunting is an unregulated (by this Code) use of land which is not prohibited in the EC District. ", Abutting means "properties having a boundary line, or point or portion thereof, in common with no intervening street right-of-way or easement, or any other easement over twenty-five (25) feet in width.". 5. (3) Any required side yard setback. 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. 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)]. Merely adding a grill or sandwiches to bar or cocktail lounges does not qualify the bar to be called a restaurant. 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:There is no clear way to prorate use, and every case may be different. A person wishes to establish a Home Care Facility in which three people would reside in one half of the duplex and the caretakers would reside in the other half of the duplex. Which regulation is correct? Similarly, if a membership club, fraternal organization, or some other nonprofit group is running the "Bingo," it would be permitted in whatever district permits the main nonprofit activities. Answer:No. The key issue is the predominant activity of the property. A special exception is required. 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. . The legal status of the lot on which the building or structure is located: If the lot is not a legal lot of record, the provisions of 34-3272 must be reviewed. document.write((new Date()).getFullYear());Lee County, FL. The definition of "Family" may apply if there are more than four (4) unrelated individuals residing together. Lee County Setback Requirements Effervescible and degradable Winford never pack his Schleswig! . Answer:In most, if not all cases, lottery ticket sales will not be the primary use of the property. SECTIONS 34-2222 Lots created after January 28, 1983Question: (I-XVIII)In referring to "lots," what does the term "created" mean? 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? At what point in time did Lee County Ordinances require fencing of swimming pools? R4101.3 Mechanical requirements. Answer:Not quite. Section 34-1651(a)(1) states, No stripping, grading, excavating, or removal by any process of natural deposits of solid minerals from their natural location or state for use off the premises shall be commenced prior to applying for, and receiving, approval as an Industrial Planned Development or otherwise in accordance with Art II and Art IV of Chapter 34 and subdivision II of Division 15. LAND DEVELOPMENT CODE LEE COUNTY, FLORIDA Codified through Ordinance No. Answer:Section 34-1171 "Applicability of Division" sets forth that Sections 34-1171 - 34-1174 do not apply to those accessory uses, buildings, and structures which are incidental and subordinate to the principal use or building and which are specifically regulated elsewhere in this ordinance. Answer:Section 34-2 defines two terms which have a bearing on this question: Plant Nursery means any lot, structure or premises used as an enterprise for the purpose of growing or keeping of plants for sale or resale. 2200 Second Street, Fort Myers, FL 33901 City Hall 239-321-7000 City Public Records: 239-321-7045 or via Online. (3) of 25 feet inside riparian lines. Does this include buildings such as covered loading docks for Commercial Fisheries? Setback requirements for main buildings are different from setbacks for detached accessory structures. Whether or not a powerline easement can be counted depends on a number of variables concerning the legal status of the easement. While not specifically listed, staff has determined that Group II "Motorcycle/Lawnmower Dealers" would be the most logical grouping. 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? The RV1, RV2 and RV3 districts all require a 10foot separation between units. 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. 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. What is the intent of the word "beverages"? Approvals - 3 minutes R4101.4 Approvals 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). 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. However, if the establishment stores a fleet of trucks, special vehicles, etc., and does not normally generate customer traffic, then you can use Section 34-2020(3)c.Question 2: (I-XVIII)Food preparation and delivery services (i.e., Domino's Pizza) are becoming more common and are not specifically addressed by definition or in the use groups. Answer:No. 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? 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. A platted survey of the parcel must be provided. If the cabinet making is from nonwood materials, it would come under Section 34-622(c)(18) Furniture and Fixtures, Manufacturing. 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. 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 benefit would be to all members of the church throughout the nation. Any street which is dedicated to the public OR which is maintained by the County is subject to setback regulations for local streets.Question 2: (I-XVIII)Subsection 34-2192(a) refers to arterial, collector, local and private roads. 110 (Brenda Merriman). February 27, 2023. We specialize in aluminum, chain link, vinyl, andwood fencingsystems. Answer:I75 is identified as a Freeway on the Trafficways Map. Activities That Do NOT Require a Burn Authorization. A private stable (defined) is clearly an accessory use for the occupants of the premises and cannot be built prior to the principal residence.
Packaging or repackaging of materials which does not chemically or physically alter the composition of an item is permitted under "Processing and Warehousing." 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). Lee County Florida Fence Setback Requirements. Environmental Engineering 239-274-2200 LeeCHDEEFeedback@flhealth.gov Fax. . Answer:This depends on the type of operation. This situation would likely occur only for lots which are created by deed between January 28, 1983, and December 21, 1984. Answer:No. (or Chapter 9B1 FAC), subsequently transported to its site complete or in modules and fixed to its own foundation with no intention to relocate. Answer:
(1) Any public drainage and utility easement. Group IV of Section 34-622(c)(48) Stone, Clay, Glass and Concrete products, manufacturing, has not been included as a permitted use in the IG district. Isn't this an inconsistency? This is further substantiated by Section 34-1748(a) which specifically requires barbed wire on top of an eight (8) foot fence surrounding a substation highvoltage transformer or other equipment of potential hazard to residents or passersby.Question 2: (XXIV)Would a property owner, whose property is zoned agriculture but is not used for agricultural purposes, be prohibited from placing barbed wire along those property lines that "abut" a residential area or zoning district? geddy lee house; george weyerhaeuser net worth. For the sw florida lifestyle your house, is a proposed structure shall be paid impact fees are not an increased . Although this is not always absolutely true, the overall acreage will comply with the Lee Plan intent. Find Us On Social Media:
How is the prorating to be accomplished? Answer:It would be considered as a recreational vehicle park operated by a religious institution. Was this an oversight? Answer:Yes. Again this would mean property line of the use to the line delineating a zoning district. ARTICLE VII DIVISION 12 DENSITYSUBDIVISION II. Side yards20% or 15 feet, whichever is less. (Ord. SECTION 34-622 Use activity groups General Questions - not section specific. "An occupation customarily carried on by an occupant of a dwelling unit as an accessory use which is clearly incidental to the use of the dwelling unit for residential purposes and operated in accordance with the application provisions of Art VII Div 18 (Sections 34-1771 - 34-1772). Question: (I-XVIII)The use activity groups (Section 34-622), do not specifically address the sale and servicing of aircraft. Landscaping uses many different sorts of fencing, and also . As such they need to be reviewed on a casebycase basis as planned developments. Where can I find your Land Development Code? Return to Table of Contents, ARTICLE I - IN GENERAL SECTION 34-2 DEFINITIONS. Since the RV and MH districts do not permit "Conventional Single Family Units", the sale of same would be prohibited. Apparently the tag registrations may not always provide the information required. Answer:Yes. 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). This type pump should not be confused with "selfservice fuel pumps" which are available to the general public. Unless there is a building code or fire regulation to the contrary, a pool, tennis court or other recreational facility may be located as close to the other buildings as desired by the applicant, as long as the buildings are under the same ownership and on the same premises.Question 2: (I-XVIII)When a fence is used in lieu of an enclosure around a pool, is the setback measured to the pool deck or to the edge of the pool water? Answer:
The IRC is a stand alone code for residenial. However, RV1 and RV2 allow a 12 inch encroachment. Lee County GIS. I still need what the Florida Res. 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). Answer:Yes. Answer:Section 34-1204(1) states "no use of land shall be closer than 1,000 feet measured on a straight line from the closest wall of any building containing a similar use." Question 3: (XXV)Can excavated materials be moved from a parcel or parcels to another parcel (all under the same ownership), that are not adjoining or abutting the receiving parcel, where the excavated material is to be used for road construction? Not all building is prohibited in the required open spaces. Does this include deviations from the Impact Fee Ordinance(s)? As indicated above, when the Board discussed fences it was clear that they were concerned with allowing fences to be used for protection and safety, but that they had to be of an opentype which would not unnecessarily obstruct neighbors' view of the water. Useful Links Gross density allows calculation of roads used for residential purposes, but does not include lands used for commercial, office, and industrial uses. 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. Answer:Compatible or incompatible to what? 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. Except as provided in sections 34-1175 and 34-1176, all accessory residential buildings and structures must be set back a minimum of five feet from any rear property line and may not be closer to a side property line than the minimum required side setback for the district in which the property is located, or ten feet, whichever is less. Unless specifically exempted, all accessory nonresidential buildings and structures must comply with the minimum buffering requirements when abutting any district other than commercial or industrial.Question 5: (I-XVIII)The setback requirements for accessory structures or buildings appears to conflict with the requirements of Section 34-935(b) concerning setbacks from development perimeter requirements for Planned Developments. It was included only in the IPD district. Does "sewer" include septic tanks? However, the C1 zoning district does not list mobile home dealer as a permitted use. In any case, where there is a question as to whether the special exception is unnecessary, an administrative interpretation should be sought. According to the developer, he has an easement to use the parking spaces for his exclusive use. Therefore, attendant parking is not the Same as Valet Parking. Answer:If the use is in a freestanding building, the parking would be calculated based on Small Products (1 space per 200 square feet of total floor area, minimum of 5 space). Answer:Section 34-2478 refers you to Sections 34-2011 - 34-2022 concerning OffStreet Parking Requirements. These establishments primarily sell products, purchased from others, but may sell some plants which they grow themselves. 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.
Is it a scrivener's error that they aren't also allowed in the MHC1 and MHC2 Districts? Answer:The intent is clear that approval is necessary. Applications for permits are accepted at City Hall, Monday-Friday from 8:30am-12:30pm and 1:30pm-4:00pm. 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. Box 7800 Tavares, FL 32778 Email pzinfo@lakecountyfl.gov Phone 352-343-9641 Fax 352-343-9767 The term "natural forces" includes such activities as hurricanes, tornadoes, floods, or other such immediate occurrences. Question: (I-XVIII)What zoning districts will permit "lottery ticket" sales? Annotations which are no longer valid have been deleted. 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. Which section is to be used? Answer:No, provided that the "Day Care Center" is sponsored by a church/synagogue within its own structure(s). Does that definition apply when used in Section 34-1741 - 34-1750 Fences, Walls, Gates, and Gatehouses? ARTICLE VI DIVISION 9 PLANNED DEVELOPMENT DISTRICTS SECTIONS 34-931 - 34-939Question 1: (I-XVIII)There does not appear to be any direct references to water setbacks in the Planned Development zoning districts. Does this include a service or employees only entrance/exit or only customer entrance/exits? 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." SECTION 34-622(c)(9) Contractors & BuildersQuestion: (I-XVIII)Section 34-622(c)(9) Contractors & Builders Group II allows light fabrication work. Answer:No. Posted at 07:49h in class of 2026 basketball rankings espn by white dunce cap mushroom poisonous to dogs. 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. 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