Answer:Any storage other than the plants themselves must be screened. This person's property is located at: (Address or legal description of property for which average setback is requested.) 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? Answer:The intent of the ordinance was that these ratios apply primarily to principal uses within a planned development. 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? Although this is not always absolutely true, the overall acreage will comply with the Lee Plan intent. Other regulations may or may not indicate otherwise however. 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. A platted survey of the parcel must be provided. 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.". Does this mean that a "plant nursery" must be shielded? 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. Carlos Machado Sociology Student (B.A. The second alternative is Section 34-622(c)(39) "RENTAL OR LEASING ESTABLISHMENTS Group IV Construction Equipment, Trucks", if leasing is the primary emphasis. Answer: LAND DEVELOPMENT CODE LEE COUNTY, FLORIDA Codified through Ordinance No. What does this mean? Written by on 27 febrero, 2023. Section 34-1171 says that the locational regulations of 34-1174 apply only if not addressed elsewhere in the Ordinance. (1) Any public drainage and utility easement. Answer:The term "or beverages" was included for the reason you indicate to cover "juice bars, soda fountains, and other similar establishments." Tallahassee, FL 32399-1710. SECTION 34-874 Property development regulations tableQuestion: (I-XVIII)Section 34-874, Footnote (3), indicates that boat service buildings or structures may be built up to the mean high water line, in the CM, IM, and PORT districts. Answer:Hunting is an unregulated (by this Code) use of land which is not prohibited in the EC District. of 25 feet inside riparian lines. 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. Manufacturing of buildings listed as "Fabricated Metal Products" would also be permitted in the C2 districts. The definition of a marina specifically excludes "docks, davits, boathouses and similar facilities appurtenant to a residential land use providing only docking or mooring." Do tax records, tag registrations, etc. Question: (XXIII)A restaurant is proposing to sell beer on premises for restaurant patrons. 3. Who do I call if my address is not in the city limits? In addition, the Development Standards Ordinance required a minimum landscaped buffer of 10 feet from the rightofway. Mailing Address. The definition was originally adopted in the Planned Development Ordinance and was incorporated into the Zoning Ordinance. No. 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." In this case, 20% of 50 feet equals two side yards of 10 feet each. City of Fort Myers, Zoning (GIS Map) City Development Activity Map. Answer:Yes.Question 2: (I-XVIII)Guesthouses are defined as accessory buildings. Answer:No. geddy lee house; george weyerhaeuser net worth. ARTICLE VII DIVISION 37 SUBORDINATE AND TEMPORARY USES SECTION 34-3021 Subordinate usesBackground: (XXVI)Art VII Div 37 Sub I refers, in section 34-3021, to uses that may be permitted by right or Special Exception provided said uses are clearly subordinate to a permitted principal use and are in compliance with the regulations set forth in Section 34-3021. 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. Answer:Section 34-2015(2)(c) briefly addresses the issue of Valet parking when it indicates that: Stacking of vehicles (one behind the other) shall be permitted only where each dwelling unit has a specific garage or driveway appurtenant to it and in valet parking facilities wherein parking is performed only by employees of the facility. The approved fencing or wall which runs perpendicular to the seawall extends to the outer (water side) edge of the seawall; and. Answer:Yes. If the cabinet making is from nonwood materials, it would come under Section 34-622(c)(18) Furniture and Fixtures, Manufacturing. A special exception is required. Answer:I75 is identified as a Freeway on the Trafficways Map. "On the same premises" is defined as being on the same lot or abutting lot in the same ownership. 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. If the existing parking "lawfully exists," i.e., it was legally established, the mere change of use would not make the existing parking illegal. Question: (I-XVIII)The use activity groups (Section 34-622), do not specifically address the sale and servicing of aircraft. A manufactured housing unit is considered a conventional building and is defined "Building Conventional." In which zoning district(s) would this type of use be permitted? Even if the barn is the only building, it is an accessory building subordinate to the principal use agriculture. February 27, 2023. document.write((new Date()).getFullYear());Lee County, FL. Not all building is prohibited in the required open spaces. City Home. These establishments primarily sell products, purchased from others, but may sell some plants which they grow themselves. Does that definition apply when used in Section 34-1741 - 34-1750 Fences, Walls, Gates, and Gatehouses? Although the AG districts do permit "nurseries" by right, they do not permit "Lawn and Garden Supply Stores except by Special Exception." Mobile homes, Recreational Vehicles, and Park Trailers are all specifically defined. Is this an error or omission? delray beach setback requirements Noend Tatical Documentao para posse e porte de arma de fogo. 70-2. The "light fabrication work" is to allow certain trades (such as air conditioning installers) to fabricate special parts or structural pieces required to handle unusual situations on the job. These buildings would be permitted in the IG district subject to special setbacks or in the CPD, MPD and IPD districts. 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? Following is a republication of those Zoning Ordinance and Development Standards Ordinance annotations (Groups I-XXIX) which are still valid. R309.4 Carports The Board of County Commissioners may allow deviations. In all cases reasonableness should apply. 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. If a road strictly serves residential uses or commercial uses it is clear as to when it can be counted as credit toward gross density calculations. SECTION 34-736 Property development regulations table 1982 Development Standards Ordinance, as amended, or which would qualify for such exemption if a formal request was made. (1)(a) [now LDC section 10-174(7)]. We specialize in installing and repairing vinyl, aluminum, wood, and chain-link fences. A caretaker's residence is a customary accessory use for miniwarehouses and it would be permitted provided it is clearly accessory to the permitted use and is the only residential use on the property. SECTION 34-622(c)(13) Essential Service FacilitiesQuestion 1: (I-XVIII)A sewage treatment plant owner wishes to sprayirrigate the effluent onto adjacent property. 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? 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. 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) Other federal, state or local regulations: If above regulations exist which would prohibit reconstruction or limit reconstruction, these provisions would have to be reviewed. The setback is from any "water body." However, in the current regulations the provision was omitted. The remainder parcel was created when all the other lots were deeded prior to the effective date of the Development Standards Ordinance. (The Lee County Zoning Ordinance uses the terminology specified in Chapter 553, Page IV of the Florida Statutes, whereas the mobile home industry often uses the term "manufactured housing" as if it were synonymous with "mobile home."). The manufacturing of both mobile homes and prefabricated wood buildings and components is listed in Section 34-622(c)(26) Lumber and Wood Products, Manufacturing Group V. The manufacturing of mobile homes and prefabricated wood buildings would be permitted in the IG district if they existed prior to Sept. 27, 1993 or in the IPD district. Answer:No. . 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. Was this a scrivener's error? SECTION 34-622 Use activity groups General Questions - not section specific. A guesthouse is not a customary accessory use for purposes of this Ordinance. Call us today at (239) 878-2579for more information! ARTICLE VII DIVISION 24 MODEL HOMES, UNITS AND DISPLAY CENTERS SECTION 34-1954 Model homes and model unitsQuestion: (I-XVIII)Section 34-1954(B)(2) requires all model homes be connected to water, sewer and electricity. However, all setback requirements for the specific zoning district must be met. (Supp. The definition of "on the same premises" would not apply, since the properties are not abutting and therefore must be treated as separate and distinct parcels. A church would like to provide RV facilities on their property for use of the church members. 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. In the past, they were considered accessory uses to a permitted use. b. Search for an Elevation Certificate Online, Lee CountyBoard of Adjustment and Appeals, State Contractor Registration & Authorized Signers, Landscaping Requirements/ Preserve Management, Lee Concurrence for Letters of Map Correction, 50% Rule: Substantial Improvement/Substantial Damage, Public Safety (Emergency Management) (EMS), Article II Division 3 Section 10-174(6) - Limited Reviews, Article I - In General Section 34-2 Definitions, Section 34-622 Use Activity Groups General Questions - Not Section Specific, Section 34-622(c)(9) Contractors & Builders, Section 34-622(c)(13) Essential Service Facilities, Article VI Division 2 Agricultural Districts, Section 34-654 Property Development Regulations Table, Article VI Division 3 Residential Districts Subdivision II, Subdivision III Multiple Family Districts, Subdivision IV Mobile Home Residential Districts, Section 34-736 Property Development regulations table, Article VI Division 4 Recreational Vehicle Park Districts Subdivision II Conventional Recreational Vehicle Districts, Article VI Division 6 Commercial Districts Section 34-843 Use regulations table, Article VI Division 7 Marine-Oriented Districts, Section 34-874 Property development regulations table, Article VI Division 8 Industrial Districts, Article VI Division 9 Planned Development Districts, Article VI Division 10 Special Purpose Districts Subdivision II Environmentally Critical District, Article VII Supplementary District Regulations Division 2 Accessory Uses Buildings and Structures, Section 34-1176 Swimming pools, tennis courts, decks & similar recreational facilities, Article VII Division 3 Adult Entertainment, Bookstores & Massage Parlors, Article VII Division 5 Alcoholic Beverages, Article VII Division 12 Density Subdivision II Residential Development, Article VII Division 15 Excavation Activities Subdivision I Generally, Article VII Division 17 Fences, Walls, Gates & Gatehouses, Section 34-1744 Location and Height of Fences & Walls, Section 34-1748 Enclosure of High-voltage Transformers & Other Utility Equipment, Article VII Division 18 Home Occupations, Article VII Division 24 Model Homes , Units & Display Centers, Section 34-2015 Location & Design generally Valet Parking, Section 34-2016 Dimensional Requirements; Delineation of Parking Spaces, Section 34-2018 Joint Use of Off-Street Parking Lots, Section 34-2019 Other Use of Off-Street Parking Lots, Article VII Division 27 Places of Worship & Religious Facilities, Article VII Division 30 Property Development Regulations Subdivision III 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, Article VII Division 36 Storage Facilities & Outdoor Display of Merchandise, Article VII Division 37 Subordinate & Temporary Uses, Article VIII Nonconformities Division I Generally, Article VIII Division 3 Nonconforming Buildings & Use of Buildings, Article VIII Division 4 Nonconforming Lots, Section 34-3275 Commercial or Industrial Use, Single Family Determination in Lieu of Variance or Rezoning (11/09/1988), Return to Land Development Code home page, Dwelling Unit Types: Mobile Home and Building, Conventional, Section 34-412 Deviations from General Zoning Regulations, Section 34-616 Rules for Interpretation of District Boundaries, One and Two Family Residential DistrictsSection 34-694 Use Regulations Table, Section 34-735 Use regulations table (Mobile Homes), Section 34-792 Property development regulations table, Section 34-1174 Location and Setbacks generally, Section 34-1771 Permitted Uses; Operation, Section 34-2011 Applicability of Division, Section 34-3204 Mobile Home & Recreational Vehicle Unit Replacements & RoofRepairs, Section 34-3241 Nonconforming Buildings & Structures, Section 34-3272 Lot of Record Defined; General Development Standards. 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. 110 (Brenda Merriman). 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). 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. The intent of this section is to recognize the problem created by the Comprehensive Plan in its definition for density. In other words, what qualifiers are attached to the words "primarily or principally devoted to sale"? ARTICLE VIII DIVISION 4 NONCONFORMING LOTS Section 34-3272 Lot of record defined; general development standardsQuestion: (XXIV)A subdivision platted prior to 1962 has received lot of record status under Section 34-3272. They have been revised to reference the Land Development Code. How would I75 be classified? Does the 2 feet count as part of the required dimension for the space, or is it in addition to the space?Answer:The two feet is part of the required space and is not in addition to it. Contact the Water Programs. Contact Bob Lee, Right-of-Way Specialist, at 941.743.1264 or [email protected]. Establishments primarily engaged in growing are classified as plant nurseries. Park Trailers are defined as a type of Recreational Vehicle and were intended to be allowed only in the MH-2 district and in nontransient Recreation Vehicle Parks. Question: (I-XVIII)How would "Montessori Schools" be classified and where are they permitted? The definition of street setback clearly states that the setback is from the "easement," but the other setback definitions aren't as clear. SUBDIVISION II MINING SECTION 34-1679 Renewal of permitQuestion: (I-XVIII)The way Section 34-1679(c) is worded, permits can be modified merely by making application to the Director. Question 1: (I-XVIII)Sections 34-1263(e) and 34-1264(b)(1)a. require the 500 foot setback to be measured from any public entrance or exit of the establishment. 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." Answer:Yes, but not within the same area. If the other facilities are not used at the same time as the Place of Worship or are used but will not generate additional parking demand (such as a school for children of parents attending church (services) then no additional parking is required. 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. (Ord. The cost of land makes it prohibitive to have a nursery in any other district except AG. Fax. However, valet parking is most often associated with restaurants, night Clubs, etc. The definition of Essential Services refers to public or private utility companies, excluding the buildings or structures, while Essential Service Facilities were the buildings or structures. A residence should always be required to comply with setbacks for principal buildings. Parking for other facilities is calculated based on Section 34-2011 - 34-2022 requirements. (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. okaloosa county setback requirements. ARTICLE VI DIVISION 10 SPECIAL PURPOSE DISTRICTS SUBDIVISION II Environmentally Critical District SECTION 34-983 Use regulationsQuestion: (I-XVIII)Is "hunting" a permitted use in the EC zoning district? Answer:No. 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. 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. As such they need to be reviewed on a casebycase basis as planned developments. 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, Question: (I-XVIII)Are fuel pumps considered an accessory use to a warehouse facility provided that the use of the pumps is limited to the vehicles necessary for the warehouse operation? Answer:This question is too broad for a simple answer. However, the beer is manufactured on the premises in two 500 gallon holding tanks. 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. 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? How and when does the Board determination approval get made? Navigate. The buildable area of this 50 x 80 foot lot is 30 feet wide by 30 feet deep. Could the word "beverages" also include alcoholic beverages, thereby allowing a bar, whose principal business is the sale of a beverage (in this case, alcoholic beverages) to also fall within the definition?