Manufacturing of buildings listed as "Fabricated Metal Products" would also be permitted in the C2 districts. Was this an oversight? 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. 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. Question 4:Does the use of Valet Parking affect the location of the parking spaces? (or Chapter 9B1 FAC), subsequently transported to its site complete or in modules and fixed to its own foundation with no intention to relocate. The RV1, RV2 and RV3 districts all require a 10foot separation between units. 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. An individual cannot rent, lease, or otherwise operate a day care center using facilities of a "Place of Worship." of 25 feet inside riparian lines. 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? ARTICLE VII DIVISION 36 STORAGE FACILITIES AND OUTDOOR DISPLAY OF MERCHANDISE SECTION 34-3005 Storage facilitiesQuestion: (I-XVIII)Section 34-3005(B) "Storage, Open" requires outofdoor storage areas to be "shielded behind a continuous visual screening at least eight (8) feet in height when visible from a residential use or residential zoning district, and six (6) feet in height when visible from any street rightofway or street easement.". Although Group V "Construction Equipment" may also be an appropriate grouping, it is primarily intended for large equipment and would be too restrictive. 850-487-0864. The buildable area of this 50 x 80 foot lot is 30 feet wide by 30 feet deep. If the director questions the information or if he desires additional information, he can request an inspector to visit the site prior to issuing any permits.Question 3: (I-XVIII)Section 34-3204 allows reroofing and roof repairs. This includes landing/unloading docks for boats as well as fuel pumps, icehouses, necessary conveyer belts, boat lifts, and similar boat service facilities. The minimum required setbacks set forth in Sections 34-2191 to 34-2196 apply to all zoning districts. Question 1: (I-XVIII)Section 34-735 allows "Park Trailers" by right in the MH-2 district. However, all setbacks must also be complied with. (Ord. The term "natural forces" includes such activities as hurricanes, tornadoes, floods, or other such immediate occurrences. Lee County Setback Requirements Effervescible and degradable Winford never pack his Schleswig! Answer:No. In that case, refer to the definition of "Water, Body of" and you will see it includes both artificial and natural. If the use meets the definition of Marina and can prove that it had an occupational license for a marina, and was collecting rents from uses, OR was part of a residential development project wherein individual boat slips are owned by residents of the development, then it may be expanded in accordance with all applicable Federal, State and County regulations. Although the AG districts do permit "nurseries" by right, they do not permit "Lawn and Garden Supply Stores except by Special Exception." Please turn on JavaScript and try again. Answer:No. The Lee Plan is based on gross acreage. The ordinance would permit use of the dwelling to conduct the administration of a business provided there are not employees working in the dwelling that are not residents thereof. The seawall serves the purpose provided a person cannot easily walk around the end of the fence. What is the setback from artificial bodies of water? 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. (3) Any required side yard setback. According to the developer, he has an easement to use the parking spaces for his exclusive use. Therefore, it would be subject to setback requirements for accessory structures or buildings. Therefore, attendant parking is not the Same as Valet Parking. What is my property is zoned as? Answer:No. 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. Answer:In most, if not all cases, lottery ticket sales will not be the primary use of the property. Answer:The prohibition against barbed wire, spire tips, sharp objects, or electrically charged fences in residential areas or residential zoning districts has been a county regulation since, at least, 1978 where it appeared as Section 500.15.B.12. 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. 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). Does the developer have to apply for a Special Exception? Establishments primarily engaged in growing are classified as plant nurseries. [email protected]. Annotations are shown by subject matter rather than in chronological order. Fax. In some cases old annotations have been modified to reflect ordinance amendments but the intent of the original annotation has not been changed. 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. 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). Other regulations may or may not indicate otherwise however. In which zoning district(s) would this type of use be permitted? 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. Is it subject to the same setbacks as set forth in Section 34-2194 Setbacks from Water? Does this include buildings such as covered loading docks for Commercial Fisheries? They have been revised to reference the Land Development Code. Answer:No, this is not an error or omission. Sewage plants listed as Essential Service Facility Group II were intended to mean facilities serving more than one project. 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)
Would a "riprap" wall be considered the same as a "seawall"? 850-245-4240. Does this include deviations from the Impact Fee Ordinance(s)? csfa league table. 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. Does that definition apply when used in Section 34-1741 - 34-1750 Fences, Walls, Gates, and Gatehouses? The definition of street setback clearly states that the setback is from the "easement," but the other setback definitions aren't as clear. In this case, 20% of 50 feet equals two side yards of 10 feet each. 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? Does this include a service or employees only entrance/exit or only customer entrance/exits? Answer:Yes. 110 (Brenda Merriman). Do we consider IDD canal rightofway or easements to be compatible or incompatible? A residence should always be required to comply with setbacks for principal buildings. Section 34-1204(2) states "no use of land any district." 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. 22-07, adopted March 1, 2022. LAND DEVELOPMENT CODE LEE COUNTY, FLORIDA Codified through Ordinance No. How would I75 be classified? Approvals - 3 minutes R4101.4 Approvals Answer:"Bingo" or other similar recreational activities do not fall within any specific Use Group. No. A canal in most instances could be compatible to almost any use. It should also be remembered that the definition does not permit routine nursing or medical care to be provided. aivee clinic services price list 2022 Does this Section apply to swimming pools which predated said effective date. Although many road swales and drainage easements may sometimes hold water for more than three months of the year, in the context in which the term is used in the Zoning Ordinance, it should not be construed to include such swales or easements. Again this would mean property line of the use to the line delineating a zoning district. 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. 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? Employment. The emphasis is on
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. Boathouses are not subject to the setback requirements set forth in Section 34-2194. Question: (I-XVIII)What zoning districts will permit "lottery ticket" sales? 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? 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). SECTION 34-2016 Dimensional requirements; delineation of parking spacesQuestion: (I-XVIII)Sections 34-2016(2)a.2. Question 2: (I-XVIII)Section 34-3241(b)(2) allows reconstruction of nonconforming structures damaged by fire or other natural forces. A private stable (defined) is clearly an accessory use for the occupants of the premises and cannot be built prior to the principal residence. 7. The trend is towards integrated facilities (one stop shopping). All activities must be setback a min. Is it based on percentage of sales or percentage of floor area, or both? 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? These establishments primarily sell products, purchased from others, but may sell some plants which they grow themselves. Contact your local Florida Forest field unit for setback requirements. 1. . 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. Would this be considered an Essential Service FacilityGroup II? Does the 2 feet count as part of the required dimension for the space, or is it in addition to the space?Answer:The two feet is part of the required space and is not in addition to it. Okeechobee Orange Osceola Palm Beach Pasco Pinellas - Less than 100 square feet Polk - maximum height of 5' and no more than 50 square feet. geddy lee house; george weyerhaeuser net worth. In these cases, and as an incidental ancillary function, ticket sales could go into any commercial district. 5. (3) This chapter shall apply to the unincorporated areas of the county. 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. 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 34-3021(c) lists uses that are permitted by right when clearly subordinate to the principal use, subject to specific requirements. 4. Call us today at (239) 878-2579for more information! 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? Applications for permits are accepted at City Hall, Monday-Friday from 8:30am-12:30pm and 1:30pm-4:00pm. Under Florida Law, email addresses are public records. 2. Although not specifically addressed, since this a new (1986) district, is it now the intent to allow the caretaker'sapartment? Packaging or repackaging of materials which does not chemically or physically alter the composition of an item is permitted under "Processing and Warehousing." 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. Answer:No. and b.1. The definition indicates that the caretaker(s) as well as the person(s) being cared for must reside in the same dwelling unit. how did dolores cannon die. Also, this section requires the use to be totally within the building housing the principal use, to occupy less than 10 percent (10%) of the total floor area of the principal use, and public access to the commercial uses must not be evident from any abutting street. 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 A review of the permitted uses will also show that bulk storage of petroleum is not a permitted use. Isn't this an inconsistency? Community Development. Answer:Yes. At what point in time did Lee County Ordinances require fencing of swimming pools? Construction, placement, erection and maintenance of docks, mooring piles, seawalls, watercraft landing facilities and other structures designed for use on or adjacent to waterways shall be in compliance with established building permit procedures and with Chapter 26, Article II. The intent of the setback requirements is in addressing unprotected banks. 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. Bureau of Environmental Health, Water Programs. A special exception is required. However, the dictionary defines "primary" as "of first rank, importance, or value.". Answer:Yes. 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? Jurisdiction. However, actual drainage canals such as the I.D.D. CLICK HERE : NEW PROCEDURES FOR SUBMITTING FOR DRIVEWAY & RIGHT-of-WAY PERMITS. Answer:Yes. Putnam St. Johns St.Lucie Santa Rosa - You can apply for An exemption as long It's not greater than 600 square feet. Answer:Yes, in this context. or is it an accessory use? - Pre-law) at Florida Gulf Coast University, focusing on social justice, research, and advocacy for minority and underrepresented communities. S. Get the latest legal news and information, and learn more about laws that impact your everyday life by visiting FindLaw Legal Blogs. If a singlefamily residence was legally constructed closer to the street than is now permitted, does the fence still have to be restricted to three (3) feet [or four (4) feet, as applicable] in height from the rightofway or easement to the minimum required setback line? Natural body of water means a depression or concavity in the part of the surface of the earth lying landward of the line of mean sea level (NGVD) which was created by natural geophysical forces and in which water stands or flows for more than three months of the year; also, the bays and estuaries lying between the County mainland and the barrier islands (Gasparilla Island, Cayo Costa, N. Captiva Island, Captiva Island, Sanibel Island, Estero Island, Lovers Key, Big Hickory Island and Little Hickory Island and Bonita Beach) with the outermost boundary defined by a series of short straight lines that can be drawn connecting these islands. 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