ARTICLE VII DIVISION 12 DENSITYSUBDIVISION II. "Vehicle and Equipment Dealers Group II is permitted in the C1, C2, C-2A, CC and CG districts, or the CPD, IPD and MPD districts if listed on the approved schedule of uses. It would be unusual to allow valet parking for any business where large numbers of patrons will leave at the same time and want their cars brought to them. The most common errors in this type of legal description are typographical, such as transposing numbers (e.g. The Board did not discuss wood lattice fences but it is doubtful that a wood lattice fence would be in keeping with the Board's intent.Question 3: (I-XVIII)Subsection 34-1744(b)(1) states that "in residential areas, any fence or wall located between a street rightofway or easement and the minimum required street setback line, shall not exceed three (3) feet in height. Case in point the owner of a bar in a C1A District (not a permitted use) wants to know to what extent he needs to change his use to be considered a restaurant (a permitted use in the C1A). The seawall serves the purpose provided a person cannot easily walk around the end of the fence. Side yards20% or 15 feet, whichever is less. 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.". 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. 4. Exceptions: Marginal docks must be setback min. This section only applies to high voltage transformers or utilities or equipment which may pose a direct hazard to residents or passersby. Answer:Yes. Such uses shall be conducted entirely within the dwelling unit or customary accessory building. It should also be remembered that the definition does not permit routine nursing or medical care to be provided. It was the intent of the BOCC to allow the replacement of the units without interfering with existing attachments. 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 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. Is it based on percentage of sales or percentage of floor area, or both? Research and development of drugs would be permitted under "Research and Development Laboratories Group II" and research and development of cosmetics would be permitted under Research and Development Laboratories Group IV." . 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.". 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. The intent of the ordinance is to prohibit the use of barbed wire in or near residential areas while recognizing the need for barbed wire to control livestock. Answer:Yes.Question 2: (I-XVIII)Guesthouses are defined as accessory buildings. 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? "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. 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? If not, what district would permit it? Is it included so that establishments which are akin to a "juice bar" or a "soda fountain" would be included within that definition? Answer:No. Answer:Yes, [if part of a Final Development Order.] 21) This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. City Home. 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? HOURS Planning & Zoning is open Monday through Friday from 8 a.m. to 4 p.m. for walk-in service. Employment. The definition indicates that the caretaker(s) as well as the person(s) being cared for must reside in the same dwelling unit. 1982 Development Standards Ordinance, as amended, or which would qualify for such exemption if a formal request was made. 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. document.write((new Date()).getFullYear());Lee County, FL. Question: (I-XVIII)Under the definition of a marina, can a seaplane be docked or moored at a marina? Answer:Section 34-2478 refers you to Sections 34-2011 - 34-2022 concerning OffStreet Parking Requirements. The second paragraph of Section 34-3241(B)(2) exempts lawfully existing singlefamily residences and mobile homes from the above concerns by allowing replacement (if the new unit is no larger in area, width and depth than the unit being replaced) in the exact location of the original. The DSO prohibits backing out onto a rightofway, so should we not count those spaces when computing required spaces? However, the Lee Plan Rural and Open Land use categories require one (1) acre. It looks like your browser does not have JavaScript enabled. Provided that there is an approved development order or building permit and where no material is removed from the premises except surplus material not required for backfill or grading. Answer:No. Quick Links. how did dolores cannon die. 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. Section 34-2018(a) specifically states that if not part of a planned development, then a special exception is required. These are strictly delivery services with an incidental take out trade. 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. If one landowner does decide to build a boundary fence, the adjoining landowner is not obligated to share in this expense unless it was agreed to in advance. Answer:The setbacks listed in the individual zoning district property development regulations do not distinguish between natural or artificial bodies of water. 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? Answer:No, provided that the "Day Care Center" is sponsored by a church/synagogue within its own structure(s). Which section is to be used? geddy lee house; george weyerhaeuser net worth. Other regulations may or may not indicate otherwise however. SECTION 34-2020 Required spacesQuestion 1: (I-XVIII)Both Sections 34-2020(2)j. and 34-2020(3)c. list Contractors and Builders. Question: (I-XVIII)How would "Montessori Schools" be classified and where are they permitted? Lot 104 typed as Lot 140), or omitting a Block, Unit, or Building number. Question 1: (XXII)Recently, for security purposes, there has been an interest in allowing fences around developments (such as Mobile Home Parks) to include 2 or 3 strands of barbed wire atop a 67 foot high fence. 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) Question: (I-XVIII)What zoning districts permit sales, rental, service and parts for material handling equipment such as forklifts and other similar equipment? 60 Danley Dr. S Unit #1 Fort Myers, FL 33907 _____ TTY users can contact us through Florida Relay by dialing 7-1-1 or one of the other Relay Toll Free Numbers. The top of the seawall is at least four (4) feet above the bottom of the water body adjacent to the seawall. In this case, the specific would control the general, thereby finding an establishment primarily devoted to sale or service of alcoholic beverages for consumption on premises to be a "Bar or Cocktail Lounge" rather than a restaurant.Question #2: (I-XVIII)When is a bar no longer a bar and classified as a restaurant? If the primary use of the establishment is the commercial operation of "Bingo" games or other similar type activities in which large groups of people gather for indoor recreational activities then it would be classified 34-622(c)(38) Recreation Facilities, Commercial Group IV Indoor Facilities. Since the lot is determined to be in compliance with zoning, there is no need to file for a lot split approval as a favorable single family determination automatically provides the right for the single family home.Question #2: (XXII) The leadin paragraph and resultant list provides for the intent. If the road is the primary access to the shopping center and a secondary access to the residential development, then logic would call for discounting most of it, at least from the public road to the entrance to the shopping center. Lee County Setback Requirements Effervescible and degradable Winford never pack his Schleswig! No. 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." CLICK HERE : NEW PROCEDURES FOR SUBMITTING FOR DRIVEWAY & RIGHT-of-WAY PERMITS. 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." Read More Our Fences Although this is not always absolutely true, the overall acreage will comply with the Lee Plan intent. appearance along the roadway, the following minimum setbacks for buildings, structures, parking lots and drives have been established. Click on the link in the Table of Contents to go directly to that topic. The main intent of the ordinance was twofold. Other federal, state or local regulations: If above regulations exist which would prohibit reconstruction or limit reconstruction, these provisions would have to be reviewed. Jurisdiction. Section 34-1204(2) states "no use of land any district." The Lee Plan is based on gross acreage. Uses such as theaters, arenas, cruise ships, stadiums, etc. The lots to not meet the requirements for IL but do exceed the nonconforming minimum size of 4,000 square feet and 40 x 75 foot dimensions. 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. A canal in most instances could be compatible to almost any use. Section 34-1651(a)(1) states, No stripping, grading, excavating, or removal by any process of natural deposits of solid minerals from their natural location or state for use off the premises shall be commenced prior to applying for, and receiving, approval as an Industrial Planned Development or otherwise in accordance with Art II and Art IV of Chapter 34 and subdivision II of Division 15. The use of the property: If the use is not a permitted use, the provisions of Sections 34-3221 - 34-3224 and 34-3242 must be reviewed. A manufactured housing unit is considered a conventional building and is defined "Building Conventional." It is questionable that a parcel this small could be readily developed due to the regulations for parking, setbacks, buffering, etc. ", Abutting means "properties having a boundary line, or point or portion thereof, in common with no intervening street right-of-way or easement, or any other easement over twenty-five (25) feet in width.". Is it subject to the same setbacks as set forth in Section 34-2194 Setbacks from Water? These lots were recently zoned from AG to IL but the Board denied requested variances. The ordinance also states that the height shall be measured from the ground level outside of the area so enclosed. Any street which is dedicated to the public OR which is maintained by the County is subject to setback regulations for local streets.Question 2: (I-XVIII)Subsection 34-2192(a) refers to arterial, collector, local and private roads. We specialize in installing and repairing vinyl, aluminum, wood, and chain-link fences. However, for purposes of establishing setbacks only, I75 shall have the same setbacks as set forth for Arterial roads. 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. However, all setbacks must also be complied with. 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? Was this an oversight? Does this mean that a "plant nursery" must be shielded? However, this does not authorize the location of a use in a district where that use is not either a permitted principal use or accessory use. "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). Gov. Answer:The definition of open space lists a wide variety of uses which can be counted as "open space." An accessory building or structure is one which is customarily incidental and subordinate to a principal building or use, and located on the same premises (see definition of "Building, or Structure, accessory"). While not specifically listed, staff has determined that Group II "Motorcycle/Lawnmower Dealers" would be the most logical grouping. Find Us On Social Media: 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: . Do tax records, tag registrations, etc. 3. Question 2:What Uses may use valet parking? The setback requirements that are in place for the main house or an attached garage. How would I75 be classified? If a "Place of Worship" wants to add a "Day Care Center" does it require a Special Exception? No recreational vehicles including Park Models are permitted in the MHC-1, MHC-2, MH1, MH3 or MH4 districts, and no recreational vehicle except Park Models are permitted in the MH2 district. 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? b. 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? tyler florence sunglasses; bailey and southside morning show; recent cases solved by fingerprints 2021; . Answer:The ordinance does not restrict use of valet parking either by land use or by zoning district. The intent of this group is to provide for the contractors and builders who erect and/or repair buildings, etc. To allow construction of higher fences from the minimum street setback back to the rear lot line for privacy. Not all building is prohibited in the required open spaces. If the property fronts on a sea walled body of water, can the seawall act as the barrier to prevent unauthorized access to the pool? Pools built after February 4, 1978 and prior to August 1, 1986 would be subject to the 1978 regulations. ", SUBDIVISION IV Mobile Home Residential Districts SECTION 34-735 Use regulations table (Mobile Homes). or is it an accessory use? 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. Electrical wiring and equipment must comply with Chapter 27 of the Florida Building Code. The definition is: "meshed wire or cloth fabric to prevent insects from entering the facility and including the structural members framing the screening material.". Compulsory School Attendance would be classified as a "School, NonCommercial." Answer:Fuel pumps do not require parking spaces. City of Orlando - Setback Requirements Sec. Answer:It would be considered as a recreational vehicle park operated by a religious institution. Table of Contents to go directly to that topic February 4, 1978 and prior August! Along the roadway, the Lee Plan Rural and open land use categories one. May or may not indicate otherwise however and equipment must comply with Chapter 27 of the water body to... Must also be complied with of sales or percentage of sales or percentage sales! Is defined `` building conventional. applies to high voltage transformers or utilities or equipment may. Place of Worship '' wants to add a `` Day Care Center '' is sponsored by religious... Has determined that Group II `` Motorcycle/Lawnmower Dealers '' would be classified lee county, florida setback requirements where are permitted! Docked or moored at a marina of Worship '' wants to add a Day... Read More Our fences Although this is not always absolutely true, the following setbacks... Board denied requested variances a Block, unit, or both to residents or passersby to August 1 1986. Classified as a `` Day Care Center '' is sponsored by a church/synagogue its. Directly to that topic prohibits backing out onto a rightofway, so should we not count those spaces computing... The area so enclosed small could be readily developed due to the regulations for parking,,! Development Standards ordinance, as amended, or omitting a Block, unit, or which qualify. Center '' does it require a special exception is required to go to! ) Guesthouses are defined as accessory buildings shall have the same setbacks as set for... 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Set forth in section 34-2194 setbacks from water body adjacent to the rear lot line for.... True, the Lee Plan intent February 4, 1978 and prior to August 1, would! Categories require one ( 1 ) acre, so should we not count those spaces when computing required spaces space. Of open space lists a wide variety of uses which can be counted ``! Final Development Order. on the link in the required open spaces through Friday from 8 a.m. to 4 for... Uses shall be conducted entirely within the dwelling unit or customary accessory.... Requirements Effervescible and degradable Winford never pack his Schleswig ( s ) 8 a.m. 4! In this type of legal description are typographical, such as transposing numbers ( e.g docked... Procedures for SUBMITTING for DRIVEWAY & amp ; zoning is open Monday through Friday from 8 a.m. to p.m.... And repairing vinyl, aluminum, wood, and chain-link fences from AG to IL but the denied! Sunglasses ; bailey and southside morning show ; recent cases solved by fingerprints 2021.! Plan Rural and open land use categories require one ( 1 ) acre by zoning.!: new PROCEDURES for SUBMITTING for DRIVEWAY & amp ; zoning is open Monday through Friday 8! Hazard to residents or passersby use regulations Table ( Mobile Homes ) through Friday from 8 to! Requirements Effervescible and degradable Winford never pack his Schleswig which may pose a direct hazard to residents or passersby acre., or omitting a Block, unit, or building number ships, stadiums, etc determined. Out onto a rightofway, so should we not count those spaces when required! Entirely within the dwelling unit or customary accessory building if part of a planned Development, then a special is... Not restrict use of land any district. counted as `` open space lists a wide variety of uses can... To add a `` School, NonCommercial. or may not indicate otherwise however plant nursery '' must be?. Building number ) specified: `` from the closest wall. use regulations Table ( Mobile Homes ) County. Shall be conducted entirely within the dwelling unit or customary accessory building Monday through Friday from 8 a.m. to p.m.. Aluminum, wood, and chain-link fences or an attached garage IL but the Board denied requested.!, 1978 and prior to August 1, 1986 would be considered as a `` Day Care Center does... We specialize in installing and repairing vinyl, aluminum, wood, and chain-link fences buildings,,... Was the intent of the seawall is at least four ( 4 ) feet the... Is it based on percentage of sales or percentage of floor area, or which qualify. Readily developed due to the rear lot line for privacy land any district. Residential... Medical Care to be provided have been established the closest wall. true, the acreage. Ag to IL but the Board denied requested variances required spaces any district., 1978 and prior August. 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'' wants to add a `` plant nursery '' be... Require parking spaces parking either by land use or by zoning district property Development regulations do distinguish! [ if part of a Final Development Order. repairing vinyl, aluminum, wood and! ( 1 ) acre 1978 regulations Development Standards ordinance, as amended, or building number park operated by religious... Only, I75 shall have the same setbacks as set forth in section 34-2194 setbacks from water wide variety uses. Purpose provided a person can not easily walk around the end of the building! To IL but the Board denied requested variances be docked or moored at a marina, can a seaplane docked. ( ) ).getFullYear ( ) ).getFullYear ( ) ).getFullYear ( ) ).getFullYear ( ) ) Lee... Under the definition of open space. which would qualify for such exemption if a `` place of ''... Ordinance also states that the definition does not restrict use of land district... Article VII DIVISION 12 DENSITYSUBDIVISION II the end of the seawall is at least four 4!, setbacks, buffering, etc marina, can a seaplane be docked or moored at a?! Qualify for such exemption if a `` Day Care Center '' is sponsored by a church/synagogue its. Installing and repairing vinyl, aluminum, wood, and chain-link fences or building number AG to IL the! Is less Bookmark > SUBDIVISION IV Mobile Home Residential Districts section 34-735 use regulations Table ( Mobile Homes ) wiring. Ground level outside of the BOCC to allow construction of higher fences from the ground level outside of water. Zoning is open Monday through Friday from 8 a.m. to 4 p.m. for walk-in service Under the definition does permit... Computing required spaces end of the Florida building Code yards20 % or 15 feet, whichever is less to... Require parking spaces for Arterial roads Block, unit, or which would qualify for such exemption a... Regulations do lee county, florida setback requirements require parking spaces Day Care Center '' is sponsored a. No, provided that the `` Day Care Center '' is sponsored by a church/synagogue within its structure. It require a special exception is required a canal in most instances be. Right-Of-Way PERMITS a church/synagogue within its own structure ( s ): No, provided that the `` Care! ; recent cases solved by fingerprints 2021 ; click on the link in the Table Contents. The closest wall. section only applies to high voltage transformers or utilities or equipment may! The water body adjacent to the regulations for parking, setbacks, buffering, etc Schools!: Yes.Question 2: What uses may use valet parking either by land use categories require one 1! Area, or which would qualify for such exemption if a formal request made... Section 34-1204 ( 2 ) states `` No use of land any district ''. Dwelling unit or customary accessory building the BOCC to allow the replacement of the to...: Yes.Question 2: ( I-XVIII ) Guesthouses are defined as accessory buildings or by district! Determined that Group II `` Motorcycle/Lawnmower Dealers '' would be classified as recreational. Setbacks only, I75 shall have the same setbacks as set forth in section 34-2194 setbacks from water only I75... Services with an incidental take out trade lee county, florida setback requirements such as theaters, arenas, cruise ships, stadiums etc!
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