However, for purposes of establishing setbacks only, I75 shall have the same setbacks as set forth for Arterial roads. Answer:This question is too broad for a simple answer. Lee County Clerk's Office. The main intent of the ordinance was twofold. 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. . 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. Question: (I-XVIII)There is no lot depth listed for the MHC1 & MHC2 districts. Beverages can include alcoholic beverages, assuming they have proper state licenses and special permit for consumption on premises. document.write((new Date()).getFullYear());Lee County, FL. Answer:No. The "light fabrication work" is to allow certain trades (such as air conditioning installers) to fabricate special parts or structural pieces required to handle unusual situations on the job. Does this mean that a "plant nursery" must be shielded? 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. Answer:I75 is identified as a Freeway on the Trafficways Map. Answer:No. . Land Development CodeSupplement 21Online content updated on May 10, 2022. The Board of County Commissioners may allow deviations. Okeechobee Orange Osceola Palm Beach Pasco Pinellas - Less than 100 square feet Polk - maximum height of 5' and no more than 50 square feet. Other federal, state or local regulations: If above regulations exist which would prohibit reconstruction or limit reconstruction, these provisions would have to be reviewed. SECTION 34-2016 Dimensional requirements; delineation of parking spacesQuestion: (I-XVIII)Sections 34-2016(2)a.2. (or Chapter 9B1 FAC), subsequently transported to its site complete or in modules and fixed to its own foundation with no intention to relocate. . Question 2: (I-XVIII)Can recreational vehicles be placed in the MHC-1, MHC-2, MH1, MH2, MH3 or MH4 zoning district? The regulations deliberately deleted minimum separation for pools, etc. Answer:The ordinance does not restrict use of valet parking either by land use or by zoning district. 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 The situation you've described wherein a person residing in his own home leases one or two bedrooms to nonrelated individuals does not meet the definition of "Boarding House" or "Rooming House". In all cases reasonableness should apply. Office of Planning & Zoning Physical Address 315 W. Main St. Tavares, FL 32778 Mailing Address P.O. Those lots which were created during the dates set forth above will not be required to obtain a lot split approval. All activities must be setback a min. Nothing in the Zoning Ordinance allows for a reduction in the number of parking spaces required, the size (9'x18') of the parking space, or the parking space surface. The remainder parcel was created when all the other lots were deeded prior to the effective date of the Development Standards Ordinance. Satellite earth stations must meet the minimum setback requirements for the zoning district in which proposed, as well as those setback requirements in section 34-2191, et seq. Answer:Where a lot is split by two or more zoning districts, the property development regulations for the largest proportional district shall prevail. Side yards20% or 15 feet, whichever is less. Prefabricated metal buildings are listed in Section 34-622(c)(14) Fabricated Metal Products/Manufacturing Group III. If a parking facility has a parking attendant to direct cars to parking spaces, is that the same as valet parking? The reason for requiring the special exception is so that the county can be assured that the parking spaces will be available in the future, and to assure that they are not "double counted" in the event the shopping center expands. Answer:This is a very complex issue and will, in most cases, have to be referred to the attorney's office for a ruling. of 12-2-2002, 70-2) 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). Posted in craft assembly jobs at home uk. The minimum required setbacks set forth in Sections 34-2191 to 34-2196 apply to all zoning districts. 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. Does this include buildings such as covered loading docks for Commercial Fisheries? Therefore, to determine answers to your questions you need to review the Sign Ordinance. Are there any water setback regulations? Was this an oversight? Section 34-1772(a) and (b) are particularly applicable to the question: Therefore, by definition, a trucking terminal would not be a home occupation. Answer:A Place of Worship is limited to church/synagoguerelated religious functions. 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? Access Walkway = that part . 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:Yes. Answer:Yes. Answer:Assuming that the lot is legal and the use is a conforming use, indicating that the only problem appears to be a nonconforming building or structure, there is not (at this time) any time limit for replacement.Question 3: (XXII)Does the term "natural forces" as set forth Article VIII nonconformities, include such destruction to the structure as a result of termites, salt air, or other natural elements? Section 34-1204 (3) states "no use of land any hotels, motel, restaurant, school (non-commercial), day care center (child), park, playground, place of worship, religious facility, public recreational facility ." Section 34-1204(1) specified: "from the closest wall." Answer:No. 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. Consequently, manufactured homes may be displayed in any district permitting "Dwelling Unit, Conventional Single Family Residence", provided that models are permissible. If a "Place of Worship" wants to add a "Day Care Center" does it require a Special Exception? Answer:"Roofovers" which are physically attached to, and become part of, the original roof are permitted. Box 1546, Fort Myers, FL 33902-1546; Email - GISTeam@leepa.org; Fax - (239) 533-6107; In person - Melvin Morgan Constitutional Complex, 2480 Thompson St., 4th Floor, Fort Myers, FL 33901; Frequently Asked Questions However, this particular question was recently addressed by the Board of County Commissioners. Is it subject to the same setbacks as set forth in Section 34-2194 Setbacks from Water? Answer:No. 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. Answer:There is no depth requirement. 850-487-0864. ARTICLE VII DIVISION 27 PLACES OF WORSHIP AND RELIGIOUS FACILITIES SECTIONS 34-2051 - 34-2053Question 1: (I-XVIII)In many residential zoning districts, existing "Places of Worship" are permitted by right, but new "Places of Worship" require a Special Exception. Background:A model display center, as defined (Section 34-1952), and open storage are listed as permitted uses in the C1 zoning district. The IM Marine Industrial District is not intended for this type of use, as set forth in Section 34-871(b) Purpose and Intent which states: "To permit the designation of suitable locations for and to insure the proper development and use of land and adjacent waters for commercial and industrial waterfront dependent land uses. Annotations which are no longer valid have been deleted. 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. Fire Department. This section only applies to high voltage transformers or utilities or equipment which may pose a direct hazard to residents or passersby. It indicates, "Click to perform a search". Answer:Yes. However, the dictionary defines "primary" as "of first rank, importance, or value.". 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. Where can I find your Land Development Code? Compulsory School Attendance would be classified as a "School, NonCommercial." Section 34-1172 specifically states that the definition for "openmesh screen" only applies to that section. 3. 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". Tallahassee, FL 32399-1710. The word beverage in the definition of "Restaurant, Standard" is a more general term whereas in the definition of "Bar or Cocktail Lounge" a more specific type of beverage is defined. The owner wishes to sell them individually and believes that Section 34-3275 exempts him from needing variances from the IL lot requirements. 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. A magnifying glass. 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. 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. The benefit would be to all members of the church throughout the nation. * Please Note: A Hold Harmless Agreement is required when applying for a driveway permit for a paver or stamped concrete driveway. Applications for permits are accepted at City Hall, Monday-Friday from 8:30am-12:30pm and 1:30pm-4:00pm. These uses would not account for the principal dollars with the primary use being the nursery. Answer:Hunting is an unregulated (by this Code) use of land which is not prohibited in the EC District.
(3) Any required side yard setback. However, actual drainage canals such as the I.D.D. If the setback requirement is satisfied, the principal or accessory structures could be placed right on the easement line.Question 3: (I-XVIII)Section 34-1174(b) states that "no accessory use, building, or structure shall be located closer to a street rightofway line or street easement than the principal building, except as provided for in Section 34-2192 or as set forth herein. Answer:No. In which zoning district(s) would this type of use be permitted? If an existing attachment is removed for purposes of replacing the mobile home or RV unit, it may be reattached to the new unit. Click on the link in the Table of Contents to go directly to that topic. Is it a scrivener's error that they aren't also allowed in the MHC1 and MHC2 Districts? 4052 Bald Cypress Way, Bin A-08. 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? Please turn on JavaScript and try again. These establishments primarily sell products, purchased from others, but may sell some plants which they grow themselves. 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? Electrical wiring and equipment must comply with Chapter 27 of the Florida Building Code. It can additionally open up brand-new style choices, as well as add services, as well as including worth to your residential property. 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. Shouldn't this also say that they must be approved by the Director? Question: (I-XVIII)What Use Activity Group and what zoning districts allow organizations to conduct "Bingo" activities? In some cases old annotations have been modified to reflect ordinance amendments but the intent of the original annotation has not been changed. Question: (I-XVIII)What zoning districts will permit "lottery ticket" sales? Delhi Development Authority (DDA) setback requirements for residential constructions are shown below, dependent on plot size. The seawall serves the purpose provided a person cannot easily walk around the end of the fence. Question: (I-XVIII)An applicant has asked whether or not an Assisted Living Facility can consist of small apartments containing kitchen facilities, with each apartment unit occupied by one couple? Environmental Engineering 239-274-2200 LeeCHDEEFeedback@flhealth.gov Fax. Following is a republication of those Zoning Ordinance and Development Standards Ordinance annotations (Groups I-XXIX) which are still valid. The top of the seawall is at least four (4) feet above the bottom of the water body adjacent to the seawall. The Lee Plan is based on gross acreage. Other regulations may or may not indicate otherwise however. Setback requirements for main buildings are different from setbacks for detached accessory structures. 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? 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