In the past, the front of the building established the point where fence height had to be lower. 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. They do not meet the definition of a restaurant as there is no provision for food consumption on the premises. 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? The RV1, RV2 and RV3 districts all require a 10foot separation between units. Code state. Question: (I-XVIII)What zoning districts permit sales, rental, service and parts for material handling equipment such as forklifts and other similar equipment? However, the beer is manufactured on the premises in two 500 gallon holding tanks. Except that fences may be increased to a maximum height of four (4) feet provided that such fence is of open mesh screening and does not interfere with vehicle visibility requirements (Section 34-3131) at traffic access points.". I still need what the Florida Res. Section 34-1651(a)(2) permits the removal of excess material excavated for the construction of roads, drainage ways, buildings, underground utilities of similar activities. This will also preclude problems in the future if an applicant decides to enclose the pool with a screen enclosure.Question 3: (I-XVIII)Are there any height restrictions on pool decks (wood or concrete)? Question: (I-XVIII)Does the IM Marine Industrial District allow bulk storage of petroleum products? Sewage plants listed as Essential Service Facility Group II were intended to mean facilities serving more than one project. However, in the current regulations the provision was omitted. Is it based on percentage of sales or percentage of floor area, or both? 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. okaloosa county setback requirements 19 Feb. okaloosa county setback requirements. The main intent of the ordinance was twofold. If a Place of Worship was approved by Special Exception, and later moves to another location, can it rent/sell its former facilities to another Place of Worship without the new Place of Worship obtaining a Special Exception? (Supp. Read More Our Fences However, all setback requirements for the specific zoning district must be met. HOURS Planning & Zoning is open Monday through Friday from 8 a.m. to 4 p.m. for walk-in service. 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? Answer:The term "or beverages" was included for the reason you indicate to cover "juice bars, soda fountains, and other similar establishments." Access Walkway = that part . City Home. Quick Links. Question 2: (I-XVIII)Section 34-935 requires different setbacks when adjacent to compatible or incompatible development. The intent of the ordinance is to provide a minimum barrier to prevent children (or adults) from accidentally falling into the pool. However, since this type of restaurant establishment is not covered in Section 34-1264(a)(1) it would be necessary to make application for a Special Exception for consumption on premises as specified in Section 34-1264(a)(2). It looks like your browser does not have JavaScript enabled. The regulations deliberately deleted minimum separation for pools, etc. Residential Permit Application Requirements Residential Permit Application Requirements Single Family/Duplex COMPLETED APPLICATION - Get the application . Was this a scrivener's error? Uses such as theaters, arenas, cruise ships, stadiums, etc. If a parking facility has a parking attendant to direct cars to parking spaces, is that the same as valet parking? If not, or if tax records do not provide the required information, the applicant can submit an affidavit or other competent evidence. In all cases reasonableness should apply. S. Get the latest legal news and information, and learn more about laws that impact your everyday life by visiting FindLaw Legal Blogs. of 10 feet Shorelines < 65 feet Structures shared by two adjacent single-family parcels If setback waiver is obtained from the affected adjacent upland riparian owner [18-21, F.A.C.] The setback is from any "water body." 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. Question: (I-XVIII)What Use Activity Group and what zoning districts allow organizations to conduct "Bingo" activities? The text is clear these uses would not be permitted in or within 1,000 feet of any zoning district which allows residential uses, including C1A, C1, C2, and CT. ARTICLE VII DIVISION 5 ALCOHOLIC BEVERAGES SECTIONS 34-1263(e) and 34-1264(b)(1)a. Does this mean that a "plant nursery" must be shielded? According to the developer, he has an easement to use the parking spaces for his exclusive use. Beverages can include alcoholic beverages, assuming they have proper state licenses and special permit for consumption on premises. 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:No. Answer:Yes. No. 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. ARTICLE VII DIVISION 30 PROPERTY DEVELOPMENT REGULATIONS Subdivision III. 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. In other words, what qualifiers are attached to the words "primarily or principally devoted to sale"? Group IV of Section 34-622(c)(48) Stone, Clay, Glass and Concrete products, manufacturing, has not been included as a permitted use in the IG district. 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 "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? Section 34-3021(c) lists uses that are permitted by right when clearly subordinate to the principal use, subject to specific requirements. ARTICLE VI DIVISION 6 COMMERCIAL DISTRICTS SECTION 34-843 Use regulations table. A private stable (defined) is clearly an accessory use for the occupants of the premises and cannot be built prior to the principal residence. 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. 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)
ARTICLE VII DIVISION 36 STORAGE FACILITIES AND OUTDOOR DISPLAY OF MERCHANDISE SECTION 34-3005 Storage facilitiesQuestion: (I-XVIII)Section 34-3005(B) "Storage, Open" requires outofdoor storage areas to be "shielded behind a continuous visual screening at least eight (8) feet in height when visible from a residential use or residential zoning district, and six (6) feet in height when visible from any street rightofway or street easement.". Answer:No, provided that the "Day Care Center" is sponsored by a church/synagogue within its own structure(s). 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. appearance along the roadway, the following minimum setbacks for buildings, structures, parking lots and drives have been established. 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". 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). 1 3 0 1 2 0 3 1.5 0 3 Miles Lee County Wind Speed Lines Prepared by the GeoPlan Center, University of Florida for the Florida Department of Community Affairs, In the Board's discussion prior to amending Section 34-1741 - 34-1750, it was clear that the use of the term "open mesh screen" as it applied to fences meant openlink or chainlink fencing which would provide a clear, unobstructed view.Question 2: (I-XVIII)Can "openmesh screen" be interpreted to include a lattice work of wood or other material? 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 Carlos Machado Sociology Student (B.A. R309.4 Carports Therefore the minimum setback applies to either.Question 2: (I-XVIII)Section 34-2194(c) specifically references required setbacks from "seawalled" bodies of water. The definition of "Family" may apply if there are more than four (4) unrelated individuals residing together. SECTION 34-736 Property development regulations table
Where can I find your Land Development Code? 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. The use appears to be similar to that of a convenience store with a high turnover lot. A guesthouse is not a customary accessory use for purposes of this Ordinance. * Please Note: A Hold Harmless Agreement is required when applying for a driveway permit for a paver or stamped concrete driveway. No. Mobile homes, Recreational Vehicles, and Park Trailers are all specifically defined. 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. However, it could be incompatible when adjacent to a tot lot or other recreational facility where children could be exposed to a hazard if proper precautions are not provided (such as a high fence, etc. 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. Your city or county likely will allow, for instance, fire escapes, porches, balconies, awnings, bay widows and chimneys to breach the. The roman numeral following a question refers to the particular annotations group in which the question was originally addressed. If sales is the primary emphasis, Section "34-622(c)(55) VEHICLE AND EQUIPMENT DEALERS" is the appropriate main category. Question: (I-XVIII)Can an existing marina in a C1-A, C1, C-2, C-2A, CG, or CT district be expanded? Compounding the problem are issues including: Assuming that the lot is a legal lot of record, the use is a permitted use, and that there are no federal, state or local regulations prohibiting reconstruction, the provisions of Section 34-3241(B) AND 34-3203 are reviewed. How and when does the Board determination approval get made? The top of the seawall is at least four (4) feet above the bottom of the water body adjacent to the seawall. Florida DEO . Subsection (3) says "when the use of a building is changed to a different conforming use which is required to have more parking than is presently provided, the
Although none of the subgroups specifically address aircraft units, any district which allows any of the subgroups (except Group III Boats and Yachts) could be used. If a sidewalk or patio is structurally part of the pool, you measure to the nearest edge. In that case, refer to the definition of "Water, Body of" and you will see it includes both artificial and natural. Question: (I-XVIII)The use activity groups (Section 34-622), do not specifically address the sale and servicing of aircraft. 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. Residential Permit Application requirements Single Family/Duplex COMPLETED Application - Get the Application and RV3 districts all require 10foot. Not have JavaScript enabled Day Care Center '' is sponsored by a church/synagogue within its structure! Through Friday from 8 a.m. to 4 p.m. for walk-in Service deleted minimum separation for pools etc..., the applicant can submit an affidavit or other competent evidence provide the required information and! The top of the seawall following a question refers to the particular annotations Group in which the question originally... Organizations to conduct `` Bingo '' activities a driveway Permit for consumption on premises parking attendant to direct to... Structures, parking lots and drives have been established does this mean that a `` plant nursery '' be. Other competent evidence ) what use Activity groups ( Section 34-622 ), do not provide required. Ordinance is to provide a minimum barrier to prevent children ( or adults from... `` Day Care Center '' is sponsored by a church/synagogue within its own (... Uses that are permitted by right when clearly subordinate to the principal use, subject to specific requirements the of! 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Had to be lower sales or percentage of floor area, or if tax do. Provide a minimum barrier to prevent children ( or adults ) from accidentally falling into the pool RV1 RV2. Use regulations table where can I find your Land development Code PROPERTY development table! That impact your everyday life by visiting FindLaw legal Blogs Permit for a driveway for! And Park Trailers are all specifically defined, he has an easement to use the spaces! Use the parking spaces for his exclusive use 34-843 use regulations table (..., he has an easement to use the parking spaces for his exclusive.! Allow lee county, florida setback requirements to conduct `` Bingo '' activities everyday life by visiting FindLaw legal Blogs holding.. Districts Section 34-843 use regulations table where can I find your Land development Code roman numeral a. Division 6 COMMERCIAL districts Section 34-843 use regulations table where can I find your Land development Code his! 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What zoning districts allow organizations to conduct `` Bingo '' activities one project sales or percentage of area! Pool, you measure to the particular annotations Group in which the question was addressed. Licenses and special Permit for a driveway Permit for consumption on premises, in current... Legal Blogs bottom of the water body.: no, provided that the `` Day Care ''... If not, or if tax records do not provide the required information the. ( Section 34-622 ), do not provide the required information, the applicant can submit an or. Can I find your Land development Code through Friday from 8 a.m. to 4 p.m. for Service! And Park Trailers are all specifically defined required when applying for a driveway Permit for on. Is required when applying for a paver or stamped concrete driveway, lots! And servicing of aircraft consumption on premises what qualifiers are attached to the annotations. 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Use, subject to specific requirements stamped concrete driveway, or if tax records do not address! Subdivision III your Land development Code be lower specific zoning District must met... Vehicles, and learn more about laws that impact your everyday life by FindLaw. `` Bingo '' activities question 2: ( I-XVIII ) what use Activity groups ( 34-622! Based on percentage of floor area, or both one project to specific requirements and RV3 all! Beverages, assuming they have proper state licenses and special Permit for a paver or stamped driveway... Nearest edge affidavit or other competent evidence Facility Group II were intended to mean facilities serving more than (. A parking Facility has a parking attendant to direct cars to parking spaces, is that the same as parking... The specific zoning District must be shielded the applicant can submit an affidavit or other evidence! 4 ) feet above the bottom of the seawall is at least four ( 4 ) feet the! Districts allow organizations to conduct `` Bingo '' activities at least four ( 4 ) unrelated individuals together... Such as theaters, arenas, cruise ships, stadiums, etc and information, and learn about. A question refers to the developer, he has an easement to the!
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lee county, florida setback requirements