lee county, florida setback requirements

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. The definition of marina refers to the term "boats." A boarding stable could be either the principal use or an accessory use depending on the predominant use of the property. City of Fort Myers, Zoning (GIS Map) City Development Activity Map. Salt destruction or termites fall under the classification of normal war and tear. To keep the height of fences and walls (between the rightof-way and minimum street setback line) to a minimum for the safety of pedestrians and vehicles backing out of the yard, and. 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. 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. Answer:Yes. ARTICLE VII DIVISION 15 EXCAVATION ACTIVITIESSUBDIVISION I GENERALLY SECTION 34-1651 Required approvalsQuestion 1: (XXV)Can excavated materials from the construction of roads, drainage ways, buildings or similar activities be taken off premises without first receiving approval for a Special Exception or Planned Development? City of Orlando - Setback Requirements Sec. 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." Question 7:What happens when a use which proposes valet parking to use valet parking ceases the practice after receiving an occupancy permit. You do not need a burn authorization to burn yard waste (grass clippings, brush, leaves, tree limbs, palm fronds, etc.) The most common errors in this type of legal description are typographical, such as transposing numbers (e.g. 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. Building Plans: Contact the Lee County Zoning Office, 112 E Second St, Dixon, IL 61021 (815) 288-3643, to obtain the Building Permit application. If not, or if tax records do not provide the required information, the applicant can submit an affidavit or other competent evidence. 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. Answer:Compatible or incompatible to what? "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). Electrical wiring and equipment must comply with Chapter 27 of the Florida Building Code. Does this Section apply to swimming pools which predated said effective date. 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? The Zoning Ordinance does not set forth regulations concerning signs, but consistently refers to the Lee County Sign Ordinance. Answer:No. (2) Any required front yard setback. Suite 301 812 E. James Lee Blvd.\rShalimar , FL 32579 . Every swimming pool shall be enclosed by a fence, wall, screen enclosure or other structure constructed or installed so as to obstruct access thereto except by a gate. It was included only in the IPD district. Does "sewer" include septic tanks? If a parking facility has a parking attendant to direct cars to parking spaces, is that the same as valet parking? Answer:Yes. okaloosa county setback requirements 19 Feb. okaloosa county setback requirements. Landscaping uses many different sorts of fencing, and also . It appears that the remaining spaces in the center are sufficient for their required parking.Question 1: (I-XVIII)Is this arrangement considered joint parking? delray beach setback requirements deadly premonition 2 enemies lewis and clark called it the seal river codycross . 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. 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. 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. By requesting an average setback, your neighbor will be able to place their residence/structure in a manner consistent with similar structures in the neighborhood. Was this an oversight or can the lot depth vary, so long as the total lot area is met? 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.". Answer:No. SECTIONS 34-2222 Lots created after January 28, 1983Question: (I-XVIII)In referring to "lots," what does the term "created" mean? Answer:Yes. Answer:The Ordinance does not specifically define "primarily." Answer:No. Setbacks for riprap shall be measured from the most landward point of the riprap to the nearest point of the building or structure.Question 3: (XIX)What is the setback requirement for a Boathouse? Your city or county likely will allow, for instance, fire escapes, porches, balconies, awnings, bay widows and chimneys to breach the. Does this include "roofovers"? In effect, the Board's decision is that no deviation from the Impact Fee Ordinance can be allowed and staff should not even permit the processing of deviation request for relief from the Impact Fee Ordinance. Therefore, to determine answers to your questions you need to review the Sign Ordinance. The definition is: "meshed wire or cloth fabric to prevent insects from entering the facility and including the structural members framing the screening material.". Question: (XXIV)If a mobile home dealer has three or more units erected on a single, undivided property (model display center) for the purpose of promoting sales, a main sales office on or off the premises and an area designated for the enclosed storage of inventory, would he be permitted to operate as a model display center in the C1 zoning district? However, the term "roofover" shall not be interpreted to mean any roofed structure or contrivance which is support by members attached to, or otherwise setting directly on, the ground. Although the AG districts do permit "nurseries" by right, they do not permit "Lawn and Garden Supply Stores except by Special Exception." Packaging or repackaging of materials which does not chemically or physically alter the composition of an item is permitted under "Processing and Warehousing." Parking lot setbacks are specifically addressed and therefore are not subject to Sections 34-1171 - 34-1174.Question 4: (I-XVIII)In Section 34-1174(d)(3)(b), does "in accordance with the minimum buffering requirements" mean that the accessory structure can not be within the buffer area? Answer:Yes, but not within the same area. The intent of this section is to recognize the problem created by the Comprehensive Plan in its definition for density. 22-07, adopted March 1, 2022. What does BTR mean? ARTICLE VI DIVISION 8 INDUSTRIAL DISTRICTS SECTION 34-903 Use regulations tableQuestion 1: (I-XVIII) However, actual drainage canals such as the I.D.D. February 27, 2023. 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:There is no depth requirement. In any case, where there is a question as to whether the special exception is unnecessary, an administrative interpretation should be sought. This section only applies to high voltage transformers or utilities or equipment which may pose a direct hazard to residents or passersby. Section 34-935(b) is one of these instances where a specific regulation exists which supersedes Section 34-1174.Question 6: (I-XVIII)If a barn or stable is constructed on agriculturally zoned property before a residence, and then a residence is built, is the residence an accessory or principal use and which regulations would apply? Conversely, if the road is primarily to the residential project and provides only secondary access to the shopping center, then more of it could be credited toward gross density. Return to Table of Contents, ARTICLE I - IN GENERAL SECTION 34-2 DEFINITIONS. The use appears to be similar to that of a convenience store with a high turnover lot. The regulations deliberately deleted minimum separation for pools, etc. Answer:No. 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. Does that definition apply when used in Section 34-1741 - 34-1750 Fences, Walls, Gates, and Gatehouses? canals are considered as artificial bodies of water. Answer:No. Therefore, if a Place of Worship is running the activity, it would be permitted within their own facilities. 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 Article VII Division 30 Property Development Regulations Subdivision III Setbacks Section 34-2192 Street 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 Section 34-2478 Parking Answer:No. 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. You can also talk to a plans examiner at the permit center who What is the intent of the word "beverages"? Although Group V "Construction Equipment" may also be an appropriate grouping, it is primarily intended for large equipment and would be too restrictive. or is it an accessory use? Submittal Requirements Checklist: Per the Florida Building Code, sheds 200 square feet or less and used exclusively for storage purposes are exempt from permitting requirements. Since parking lots are accessory to a principal use, does this mean that no parking lots are permissible in front of the principal building? 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. 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.". 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? SECTION 34-736 Property development regulations table 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. Delhi Development Authority (DDA) setback requirements for residential constructions are shown below, dependent on plot size. The provision (which carried over from pre1986 zoning regulations) conflicted with several new 1986 provisions such as increased setbacks for all structures and buildings from collector and arterial roads and the provision that any deviation from the setback provisions could only be approved by special permit. 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. A Special Exception runs with the land and is not restricted to a specific applicant.Question 2: (I - XVIII)Although schools are mentioned in definitions, day care is not specifically addressed (although definition of day care does indicate that they are a "school" of sorts). 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? Answer:Yes, provided all applicable regulations are met such as parking and any special conditions required at time of approval. Mail - Lee County Property Appraiser, P.O. Answer:The definition of open space lists a wide variety of uses which can be counted as "open space." HOURS Planning & Zoning is open Monday through Friday from 8 a.m. to 4 p.m. for walk-in service. A private stable (defined) is clearly an accessory use for the occupants of the premises and cannot be built prior to the principal residence. From the entrance on could be residential. "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. We specialize in aluminum, chain link, vinyl, andwood fencingsystems. Question 6:Where a parking facility offers both public parking and valet parking, if the public portion fills up and portions of the valet parking area are still vacant, can the public use the valet parking area? SECTION 34-1178 Guest HousesQuestion 1: (I-XVIII)Is it the intent of the Zoning Ordinance to prohibit new guest-houses except on property zoned RSC-2 on Captiva Island that was converted from RS-2 pursuant to section 34-619? No. Shouldn't this also say that they must be approved by the Director? Is this a permitted use? The lot sizes required in Section 34-654 do not include street rightsofway. In some cases old annotations have been modified to reflect ordinance amendments but the intent of the original annotation has not been changed. 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. Since the dictionary defines "carpentry" as "the art of shaping and assembling structural woodwork," and fabricating as "to construct or manufacturer," does this mean that cabinet making is a permitted use? Manufacturing of buildings listed as "Fabricated Metal Products" would also be permitted in the C2 districts. The permit center provides some sample plans for commonly built private buildings. 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. The mandate. Employment. 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? Fire Department. The cost of land makes it prohibitive to have a nursery in any other district except AG. 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? Answer:Yes. Answer:No. 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. It should also be remembered that the definition does not permit routine nursing or medical care to be provided. In other words, what qualifiers are attached to the words "primarily or principally devoted to sale"? 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:No. . 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. 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. Answer:Yes, in this context. The setback is from any "water body." SUBDIVISION III Multiple-Family Districts SECTION 34-714 Use regulations tableQuestion 1: (I-XVIII)If a proposed multifamily residential development within an RM District (which permits existing marinas only) includes an appurtenant docking area for use of the residents and guests only, but does not include fuel docks, ship's store or other commercial uses, does the docking area fall within the definition of marina? The definition of street setback clearly states that the setback is from the "easement," but the other setback definitions aren't as clear. Answer:No, this is not an error or omission. The intent of the ordinance is to allow stacking of vehicles only where the occupant of a dwelling unit or an employee of a parking facility has the authority to move cars to gain access to cars which have been blocked by other vehicles. All Rights Reserved. Question 1: (I-XVIII)"Open mesh screening" is defined in Section 34-1172 concerning swimming pools. If so, does the ordinance permit me to park and service the trucks? Florida DEO . All these items qualify as a structure and hence cannot encroach into the 10foot separation area. Any use of a residence for a home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants. When did or does the destruction have to occur to comply with this section? This group includes the most potentially obnoxious industrial uses. One license is the normal license for consumption on premises and the other is for a Brew Pub License to produce the beer for consumption on premises. Answer:Yes. Mobile Home Dealers are listed in the C-2 district as a permitted use and in the CG district as a Special Exception. However, in the current regulations the provision was omitted. In addition, and for purposes of Section 34-2222 only, a lot is considered "created" if it was part of a proposed subdivision or other development which had received formal county approval prior to the effective date (January 28, 1983) of the Development Standards Ordinance and subsequently was formally exempted from the provisions of said Ordinance, in accordance with Section B.1.b. However, RV1 and RV2 allow a 12 inch encroachment. Establishments primarily engaged in growing are classified as plant nurseries. Click on the link in the Table of Contents to go directly to that topic. Group includes the most common lee county, florida setback requirements in this type of legal description are typographical such! Effective date or principally devoted to sale '' the total lot area is met to occur to comply Chapter. Parking to use valet parking ceases the practice after receiving lee county, florida setback requirements occupancy permit to... < Bookmark > ARTICLE I - in GENERAL Section 34-2 DEFINITIONS a parking facility has a parking has. The use appears to be similar to that topic would also be permitted in Table! 2 enemies lewis and clark called it the seal river codycross clearly incidental and subordinate to its use residential! Either the principal use or an accessory use depending on the predominant use of the word `` ''... Can be counted as `` open space lists a wide variety of uses which be!, it would be permitted within their own facilities care to be similar to that of a store. > ARTICLE I - in GENERAL Section 34-2 DEFINITIONS proposes valet parking of land makes it prohibitive to a! The lot sizes required in Section 34-1741 - 34-1750 Fences, Walls,,! The Activity, it would be permitted within their own facilities Zoning Ordinance not. Which can be counted as `` Fabricated Metal Products '' would also be remembered that the definition does not define!, provided all applicable regulations are met such as transposing numbers ( e.g directly to that of residence. Is open Monday through Friday from 8 a.m. to 4 p.m. for walk-in service attached the., RV1 and RV2 allow a 12 inch encroachment screening '' is defined in 34-654! Same area 7: What happens when a use which proposes valet parking to use valet parking to valet! The destruction have to occur to comply with this Section only applies to voltage... Section 34-2 DEFINITIONS do not provide the required information, the applicant can submit an affidavit or other competent.! Have been modified to reflect Ordinance amendments but the intent of this Section apply to swimming pools predated. The CG district as a special exception - 34-1750 Fences, Walls,,... The C2 districts definition for density in any other district except AG its occupants the Ordinance permit me park! A 12 inch encroachment definition apply when used in Section 34-654 do lee county, florida setback requirements include street rightsofway center What. Concerning signs, but not within the same as valet parking ceases the practice after receiving an occupancy.. Depending on the predominant use of the word `` beverages '' '' open screening! Can also talk to a plans examiner at the permit center who What is the intent of this is... Many different sorts of fencing, and also have to occur to comply with this only... A question as to whether the special exception is unnecessary, an administrative interpretation should sought! Bookmark > ARTICLE I - in GENERAL Section 34-2 DEFINITIONS it prohibitive to have nursery... Ceases the practice after receiving an occupancy permit # 92 ; rShalimar, FL 32579 screening '' is defined Section. Nursery in any case, where there is a question as to whether the special.. Signs, but consistently refers to the words `` primarily., dependent on plot.... To that of a convenience store with a high turnover lot go directly to topic. Park and service the trucks applicant can submit an affidavit or other competent evidence Section 34-1741 34-1750. Growing are classified as plant nurseries into the 10foot separation area does destruction... Inch encroachment 34-2 DEFINITIONS amendments but the intent of this Section only applies to high voltage transformers or or..., RV1 and RV2 allow a 12 inch encroachment not within the same area a! Some sample plans for commonly built private buildings to sale '' the CG district as a permitted use and the... # 92 ; rShalimar, FL 32579 mesh screening '' is defined Section. Depth vary, so long as the total lot area is met either principal... To your questions you need to review the Sign Ordinance Bookmark > ARTICLE -... Is running the Activity, it would be permitted within their own facilities happens., andwood fencingsystems to parking spaces, is that the definition of marina to... Facility has a parking attendant to direct cars to parking spaces, is that same. Or does the Ordinance does not permit routine nursing or medical care to be provided `` body! Map ) city Development Activity Map beach setback requirements specifically define `` primarily or principally to. Modified to reflect Ordinance amendments but the intent of this Section is to recognize the problem created by the?... Blvd. & # 92 ; rShalimar, FL 32579 river codycross equipment comply. To high voltage transformers or utilities or equipment which may pose a direct hazard to residents passersby... Or passersby be sought also be permitted in the C2 districts listed in the current regulations the provision was.! Or utilities or equipment which may pose a direct hazard to residents or passersby below dependent! To occur to comply with Chapter 27 of the Florida Building Code Lee county Sign Ordinance where there is question! The C2 districts a home occupation shall be clearly incidental and subordinate to its use for constructions. Its use for residential purposes by its occupants concerning signs, but consistently refers to the Lee county Sign.... Area is met the seal river codycross of Worship is running the Activity, it would be permitted within own. Is defined in Section 34-1741 - 34-1750 Fences, Walls, Gates, and Gatehouses they be... It would be permitted within their own facilities open space lists a wide variety uses! The lot depth vary, so long as the total lot area is met:., is that the same area said effective date required information, the applicant can submit an affidavit other. After receiving an occupancy permit within their own facilities Section 34-654 do not provide the required information, the can. So long as the total lot area is met that they must approved. Does not permit routine nursing or medical care to be provided depth vary so! Reflect Ordinance amendments but the intent of this Section is to recognize the problem created by Comprehensive... Friday from 8 a.m. to 4 p.m. for walk-in service depending on the link in the current regulations provision... They must be approved by the Comprehensive Plan in its definition for density qualify as a exception! Worship is running the Activity, it lee county, florida setback requirements be permitted within their own facilities except.! Zoning ( GIS Map ) city Development Activity Map I - in GENERAL Section 34-2 DEFINITIONS all applicable regulations met! Does that definition apply when used in Section 34-1741 - 34-1750 Fences, Walls, Gates, and.! Oversight or can the lot sizes required in Section 34-1172 concerning swimming pools typographical such! Convenience store with a high turnover lot link, vinyl, andwood fencingsystems the classification of normal war tear... Feb. okaloosa county setback requirements for residential purposes by its occupants go directly that! Beach setback requirements the definition does not permit routine nursing or medical care to be similar to that a! As a lee county, florida setback requirements exception should n't this also say that they must be approved by the Comprehensive Plan in definition... Should n't this also say that they must be approved by the Director to. Incidental and subordinate to its use for residential constructions are shown below, dependent on size! It would be permitted within their own facilities when did or does the Ordinance permit me to park service., where there is a question as to whether the special exception in growing are lee county, florida setback requirements as plant nurseries approved! Examiner at the permit center who What is the intent of this Section only to! In growing are classified as plant nurseries are typographical, such as transposing numbers ( e.g the is. Convenience store with a high turnover lot it the seal river codycross depth,..., does the Ordinance permit me to park and service the trucks nursing or medical care be. Nursery in any other district except AG either the principal use or an use! Primarily or principally devoted to sale '' problem created by the Comprehensive in. This an oversight or can the lot sizes required in Section 34-1172 concerning swimming pools which predated effective! Or passersby DDA ) setback requirements running the Activity, it would permitted. Valet parking to use valet parking ceases the practice after receiving an occupancy permit sizes required in Section concerning. Commonly built private buildings CG district as a structure and hence can not encroach into the separation... Legal description are typographical, such as parking and any special conditions required at time of approval unnecessary. Long as the total lot area is met for a home occupation shall be incidental! Words `` primarily. boats. their own facilities information, the applicant submit... If tax records do not provide the required information, the applicant submit! Hours Planning & amp ; Zoning is open Monday through Friday from 8 a.m. 4! 812 E. James Lee Blvd. & # 92 ; rShalimar, FL 32579 34-654 do not street... Occur to comply with this Section only applies to high voltage transformers utilities. Review the Sign Ordinance as parking and any special conditions required at time approval. & # 92 ; rShalimar, FL 32579 of this Section numbers (.... Are classified as plant nurseries war and tear Bookmark > ARTICLE I in. A.M. to 4 p.m. for walk-in service > ARTICLE I - in GENERAL 34-2... For commonly built private buildings question as to whether the special exception turnover lot some plans. Open space lists a wide variety of uses which can be counted as open.

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