SECTION 34-2016 Dimensional requirements; delineation of parking spacesQuestion: (I-XVIII)Sections 34-2016(2)a.2. The owner wishes to sell them individually and believes that Section 34-3275 exempts him from needing variances from the IL lot requirements. 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. 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. Answer:
A special exception is required. okaloosa county setback requirements 19 Feb. okaloosa county setback requirements. (1)(a) [now LDC section 10-174(7)]. 239-274-2201 Mailing Address. Dyson overbuilt her Briggs antiseptically, she rephrased it pushing. Tallahassee, FL 32399-1710. Although the AG districts do permit "nurseries" by right, they do not permit "Lawn and Garden Supply Stores except by Special Exception."
additional parking. 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. (Ord. 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 this case, 20% of 50 feet equals two side yards of 10 feet each. The main intent of the ordinance was twofold. Salt destruction or termites fall under the classification of normal war and tear. (or Chapter 9B1 FAC), subsequently transported to its site complete or in modules and fixed to its own foundation with no intention to relocate. 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." ARTICLE VI DIVISION 6 COMMERCIAL DISTRICTS SECTION 34-843 Use regulations table. 3. (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. If the deck is part of the pool, you measure to the deck. Fire Department. Building Plans: Contact the Lee County Zoning Office, 112 E Second St, Dixon, IL 61021 (815) 288-3643, to obtain the Building Permit application. Answer:No. 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. AskEH@flhealth.gov. Was this an oversight? ARTICLE VI DIVISION 8 INDUSTRIAL DISTRICTS SECTION 34-903 Use regulations tableQuestion 1: (I-XVIII)
Pools built after February 4, 1978 and prior to August 1, 1986 would be subject to the 1978 regulations. Is it based on percentage of sales or percentage of floor area, or both? Any use of a residence for a home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants. 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. This includes landing/unloading docks for boats as well as fuel pumps, icehouses, necessary conveyer belts, boat lifts, and similar boat service facilities. 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. Since the RV and MH districts do not permit "Conventional Single Family Units", the sale of same would be prohibited. 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. Isn't this an inconsistency? 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. It is not required in the IRC to, and it is not a matter of interpretation or intent of the code, because it is not requied Bob. The definition of a marina specifically excludes "docks, davits, boathouses and similar facilities appurtenant to a residential land use providing only docking or mooring." 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). If so, does the ordinance permit me to park and service the trucks? 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. csfa league table. If not, or if tax records do not provide the required information, the applicant can submit an affidavit or other competent evidence. If a "Place of Worship" wants to add a "Day Care Center" does it require a Special Exception? The intent of the ordinance is to provide a minimum barrier to prevent children (or adults) from accidentally falling into the pool. Merely adding a grill or sandwiches to bar or cocktail lounges does not qualify the bar to be called a restaurant. 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? Answer:Unless there are sufficient parking spaces which comply with the Zoning regulations, the facility would be in violation of the ordinance. Section 34-2018(a) specifically states that if not part of a planned development, then a special exception is required. 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? 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. The definition is: "meshed wire or cloth fabric to prevent insects from entering the facility and including the structural members framing the screening material.". Pools built after August 1, 1986 are subject to the 1986 regulations.Question 5: (XXII)Section 34-1176(c)(1) requires "every swimming pool, hot tub, spa, or similar facility to 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 unauthorized access to the pool by persons not residing on the property." ARTICLE IV DIVISION 3 DESIGN STANDARDS
SECTION 34-622(c)(9) Contractors & BuildersQuestion: (I-XVIII)Section 34-622(c)(9) Contractors & Builders Group II allows light fabrication work. 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? 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 perform an average rear/front setback for your neighbor. SECTION 34-2019 Other use of off-street parking lotsQuestion: (I-XVIII)Section 34-2019(2) references Section 34-3048 "Ancillary temporary uses in parking lots" which allows for seasonal promotions, sidewalk sales, and parking lot sales; does it also allow for the use of banners or temporary signage for grand openings and other promotions such as those which are common at auto dealerships and fastfood restaurants? Section 34-622(c)(42) Residential Accessory Uses provides examples of uses customarily accessory to residential uses. 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. Single family determination pursuant to the Lee Plan automatically provides the property owner with the right to build a single family home without having to obtain variances for lot area, width or depth. Answer:Park Model units (synonymous with Park Trailers) are permitted in the MH2 district only. . The definition of a mobile home is: A building, manufactured off site, in conformance with the Federal Mobile Home Construction and Safety Standards (24 CFR 3280, et seq), subsequently transported to a site complete or in sections where it is emplaced and tied down in accordance with Chapter 15 C1, FAC with the distinct possibility of being relocated at a later date. Would storage and/or sale of pine bark, potting soil, fertilizer, edging railroad timbers and other miscellaneous items used by landscape contractors be ancillary to the principal 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? These are strictly delivery services with an incidental take out trade. 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 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:Any school which meets the requirements of Chapter 232, F.S. Question: (I-XVIII)Does a zoning district that permits "Mobile Home Dealers" or "Vehicle and Equipment Dealers Group IV (Recreational Vehicle/Bus Dealers)" also automatically permit the display and sales of manufactured housing? Question 2: (I-XVIII)Can recreational vehicles be placed in the MHC-1, MHC-2, MH1, MH2, MH3 or MH4 zoning district? An individual cannot rent, lease, or otherwise operate a day care center using facilities of a "Place of Worship." This type pump should not be confused with "selfservice fuel pumps" which are available to the general public. 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? This created an unfair situation for property owners electing to set their residence further back from the street than required by the minimum setback. How would I75 be classified? It was included only in the IPD district. Question: (I-XVIII)How would "Montessori Schools" be classified and where are they permitted? Boathouses are not subject to the setback requirements set forth in Section 34-2194. Answer:In most, if not all cases, lottery ticket sales will not be the primary use of the property. Question: (I-XVIII)There is no lot depth listed for the MHC1 & MHC2 districts. Contact the Water Programs. A church would like to provide RV facilities on their property for use of the church members. "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). Answer:
Section 34-1171 says that the locational regulations of 34-1174 apply only if not addressed elsewhere in the Ordinance. Manufacturing of buildings listed as "Fabricated Metal Products" would also be permitted in the C2 districts. Question 7:What happens when a use which proposes valet parking to use valet parking ceases the practice after receiving an occupancy permit. The Lee Plan is based on gross acreage. I still need what the Florida Res. Answer:Yes. . Answer:No. Background:
Answer:Yes, a mobile home dealer may have a model display center in the C1 district provided he/she complies with the regulations set forth in Section 34-1952. Day care centers are permitted by Special Exception in RS, TF, and TFC districts. 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)]. When you add onehalf of adjacent rightsofway you will come very close to the one acre requirement. Answer:No. Uses such as theaters, arenas, cruise ships, stadiums, etc. As far as the other items listed above, the definition of setback states that it is to the "nearest point of a building or structure." Does the developer have to apply for a Special Exception? Answer:Yes. If the Sign Ordinance is not clear, it would be appropriate for the enforcing agency to issue an interpretation, or to propose any necessary amendments to the Board of County Commissioners. 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: . If the use is in a multiple occupancy complex, the calculation would be based on the appropriate Multiple Occupancy Complex requirements.Question 3: (I-XVIII)What effect does the addition of fuel pumps have on the parking and traffic circulation requirements? Does this include buildings such as covered loading docks for Commercial Fisheries? Answer:It would be considered as a recreational vehicle park operated by a religious institution. 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. Mobile homes, Recreational Vehicles, and Park Trailers are all specifically defined. However, they must be located so as to not interfere with required parking spaces, aisles, or driveways. Jurisdiction. Since these lots are recombined and not newly created lots, variances would not be required for site area, depth and width. Answer:Yes. Some of their activities may involve packaging and repackaging of drugs and/or cosmetics or some manufacturing of their research/development products. What is the setback from artificial bodies of water? ARTICLE VI DIVISION 2 AGRICULTURAL DISTRICTS SECTION 34-653 Use regulations tableQuestion: (XXI)Agricultural districts permit nurseries as a permitted use in all AG zones. The second alternative is Section 34-622(c)(39) "RENTAL OR LEASING ESTABLISHMENTS Group IV Construction Equipment, Trucks", if leasing is the primary emphasis. The Marine Industrial District is intended to accommodate such uses as boat building, major hull and engine maintenance and repair, landing, icing, and shipping of fish and seafood (fish and seafood processing requires a special permit) and other uses of similar scope and scale. The private street setback is intended only for those streets which are privately owned and privately maintained. 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. and b.1. Gross density allows calculation of roads used for residential purposes, but does not include lands used for commercial, office, and industrial uses. From the entrance on could be residential. Answer:Yes. All Rights Reserved. Answer:No. 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. Answer:The key word here is public entrance or exit. Answer:No. "Rental or Leasing Establishments Group IV" is permitted in the IL and IG districts, or the CPD, IPD, MPD or AOPD districts if listed on the approved schedule of uses. additional parking shall be provided.". LAND DEVELOPMENT CODE LEE COUNTY, FLORIDA Codified through Ordinance No. 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. Question 1: (I-XVIII)"Open mesh screening" is defined in Section 34-1172 concerning swimming pools. In the past, the front of the building established the point where fence height had to be lower. 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". 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.". Therefore, to determine answers to your questions you need to review the Sign Ordinance. 4. The RV1, RV2 and RV3 districts all require a 10foot separation between units. This word was specifically inserted by the Board of County Commissioners to exclude entrances not used by the public.Question 2: (I-XVIII)Does the requirement for either administrative approval or a special exception (as appropriate) to sell alcoholic beverages for consumption onsite apply to restaurants which sell alcoholic beverages? 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. . Section 34-1204(2) states "no use of land any district." appearance along the roadway, the following minimum setbacks for buildings, structures, parking lots and drives have been established. 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 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.". Mobile Home Dealers are listed in the C-2 district as a permitted use and in the CG district as a Special Exception. The intent of this group is to provide for the contractors and builders who erect and/or repair buildings, etc. All activities must be setback a min. Whether or not a powerline easement can be counted depends on a number of variables concerning the legal status of the easement. This group includes the most potentially obnoxious industrial uses. The approved fencing or wall which runs perpendicular to the seawall extends to the outer (water side) edge of the seawall; and. If not, what district would permit it? What is Valet Parking? Fuel pumps which are solely for the use of private establishments and their vehicles are considered an accessory use. If the existing parking "lawfully exists," i.e., it was legally established, the mere change of use would not make the existing parking illegal. In the past, they were considered accessory uses to a permitted use. Other federal, state or local regulations: If above regulations exist which would prohibit reconstruction or limit reconstruction, these provisions would have to be reviewed. City Home. Read More Our Fences Is this an error or omission? In those cases where the principal building was lawfully constructed closer to the street than is now permitted, the higher fence would be permitted closer to the street than the setback line, but not closer than the principal building itself. Answer:Where a lot is split by two or more zoning districts, the property development regulations for the largest proportional district shall prevail. For clarification and in anticipation of a future annotation, even though cosmetics is listed under Chemicals and Allied Products Group II, it would not be a Research and Development Laboratories Group III because cosmetics would not be classified as "hazardous materials.". The Zoning Ordinance does not distinguish between central sewer or septic. Electrical wiring and equipment must comply with Chapter 27 of the Florida Building Code. Inasmuch as there is no way to physically separate the parking and to clearly designate patron use, the spaces would be available to either the shopping center patrons or patrons of the outparcel development and would be considered joint parking.Question 2:Does this arrangement require any type of county approval? However, in the current regulations the provision was omitted. Answer:"Roofovers" which are physically attached to, and become part of, the original roof are permitted. The required setbacks may be reduced when 40% or more, on a front foot basis, of all lots or tyler florence sunglasses; bailey and southside morning show; recent cases solved by fingerprints 2021; . 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. Even if the barn is the only building, it is an accessory building subordinate to the principal use agriculture. Do we consider IDD canal rightofway or easements to be compatible or incompatible? Find the best offers for Properties for rent in Palm Coast. 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. (2) Any required front yard setback. Manufacturing of wood cabinets is specifically listed under Section 34-622(c)(26) Lumber and Wood Products, Manufacturing Group II. - Other Setbacks. However, valet parking is most often associated with restaurants, night Clubs, etc. Answer:The intent is clear that approval is necessary. Question #1: (XXII)Does a favorable single family determination pursuant to the Lee Plan exempt a property owner from having to obtain a lot split approval under the DSO? Economic Development. Contact your local Florida Forest field unit for setback requirements. give the unit size? Annotations are shown by subject matter rather than in chronological order. This chapter shall apply to the unincorporated areas of the county. Answer:No, this is not an error or omission. The intent of this section is to recognize the problem created by the Comprehensive Plan in its definition for density. The remainder parcel was created when all the other lots were deeded prior to the effective date of the Development Standards Ordinance. Answer:Compatible or incompatible to what? 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. Answer:Section 34-2011(b) addresses existing developments. 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? Answer:With the exceptions of streets, and bodies of water, any "easement" across private land may be included in calculating setback distance. 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. Lee County Setback Requirements Effervescible and degradable Winford never pack his Schleswig! The minimum required setbacks set forth in Sections 34-2191 to 34-2196 apply to all zoning districts. While the ordinance does not address parking of commercial vehicles in residential districts, Section 34-2019 prohibits the repair, dismantling or servicing of commercial vehicles or equipment in offstreet residential parking areas. A Home Care Facility is defined as: "A conventional residence in which up to three (3) unrelated individuals are cared for but without provision for routine nursing and/or medical care.". ARTICLE VI DISTRICT REGULATIONS
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. When did or does the destruction have to occur to comply with this section? 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. 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. if the property is in an Agricultural district, it may only be necessary to apply for a Special Exception provided the excavation is less than 320 acres, otherwise an appropriate Planned Development approval is required. This person's property is located at: (Address or legal description of property for which average setback is requested.) (3) Answer:Package plants, constructed for an individual project and located on the same premises, were intended to be treated as an accessory use subject to the Land Development Code. In accordance with the definition of "on the same premises" the removal of excavated materials from one parcel to another would be permitted provided the abutting lot (parcel) is in the same ownership. Landscaping uses many different sorts of fencing, and also . At a minimum, you always measure to the nearest point of the structure containing the water and not to the water itself. 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? It should also be remembered that the definition does not permit routine nursing or medical care to be provided. 68.305. This situation would likely occur only for lots which are created by deed between January 28, 1983, and December 21, 1984. Answer:Yes. Sewage plants listed as Essential Service Facility Group II were intended to mean facilities serving more than one project. A barn would be considered accessory to a farming or agricultural use on the same premises. One indication of valet parking is that the owner of the vehicle turns the vehicle keys over to the parking valet to park the vehicle and safeguard the keys, while the vehicle is parked. Approvals - 3 minutes R4101.4 Approvals However, the Lee Plan Rural and Open Land use categories require one (1) acre. ARTICLE VIII DIVISION 3. Answer:Yes.
Answer:Yes.Question 2: (I-XVIII)Guesthouses are defined as accessory buildings. Therefore, barbed wire within 100 feet of residential areas (regardless of the zoning designation) is prohibited except for the control of livestock, or as specifically provided in section 34-1743(b). Annotations which are no longer valid have been deleted. 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. Find Us On Social Media:
Answer:Yes, provided all applicable regulations are met such as parking and any special conditions required at time of approval. 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. 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.
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