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? 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. Answer:Yes. 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.
Answer:No. Answer:No. HOURS Planning & Zoning is open Monday through Friday from 8 a.m. to 4 p.m. for walk-in service. In addition, Planned Developments can also request deviations. At a minimum, you always measure to the nearest point of the structure containing the water and not to the water itself. The definition was originally adopted in the Planned Development Ordinance and was incorporated into the Zoning Ordinance. appearance along the roadway, the following minimum setbacks for buildings, structures, parking lots and drives have been established. A residence should always be required to comply with setbacks for principal 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. SECTION 34-622 Use activity groups General Questions - not section specific. SECTION 34-2016 Dimensional requirements; delineation of parking spacesQuestion: (I-XVIII)Sections 34-2016(2)a.2. Answer:Yes, in this context. However, this section would not apply to a retention pond or retention pond required for surface water management, which are not similar to the above activities. delray beach setback requirements Noend Tatical Documentao para posse e porte de arma de fogo. Such enclosures for single family dwelling swimming pools shall not be less than four (4) feet in height, and for all other uses covered by this Section the enclosures shall not be less than five (5) feet in height. Answer:Section 34-2011(b) addresses existing developments. ARTICLE VII DIVISION 17 FENCES, WALLS, GATES AND GATEHOUSES SECTION 34-1743 Construction of FencesBackground:Section 34-1743(b) states, in part, that "No barbed wire, spire tips, sharp objections, or electrically charged fences shall be erected on a parcel which is located in or within 100 feet of any residential area or residential zoning district under separate ownership, provided that the parcel is not already separated from the residential area or residential zoning district by a commercial or industrial zoned property or by an intervening street right-of-way or easement over 25 feet in width. Such uses shall be conducted entirely within the dwelling unit or customary accessory building. tyler florence sunglasses; bailey and southside morning show; recent cases solved by fingerprints 2021; . We specialize in installing and repairing vinyl, aluminum, wood, and chain-link fences. If the use meets the definition of Marina and can prove that it had an occupational license for a marina, and was collecting rents from uses, OR was part of a residential development project wherein individual boat slips are owned by residents of the development, then it may be expanded in accordance with all applicable Federal, State and County regulations. 6. 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. Answer:No, provided that the "Day Care Center" is sponsored by a church/synagogue within its own structure(s). The ordinance also states that the height shall be measured from the ground level outside of the area so enclosed. What does BTR mean? Activities That Do NOT Require a Burn Authorization. Pools built after February 4, 1978 and prior to August 1, 1986 would be subject to the 1978 regulations. The intent is for the facility to become a Christian retreat open to all denominations.Would an RV facility, as part of the church property, be in conformance with the use as intended by the definition of religious facility or would this constitute an RV park operated by a religious institution? As such they need to be reviewed on a casebycase basis as planned developments. 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? In no case may satellite earth stations be placed closer to a right-of-way or street easement than the principal building. Landscaping can be a lot of fun. Contact Bob Lee, Right-of-Way Specialist, at 941.743.1264 or Robert.Lee@CharlotteCountyFL.gov. 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. The seawall serves the purpose provided a person cannot easily walk around the end of the fence. AskEH@flhealth.gov. An individual cannot rent, lease, or otherwise operate a day care center using facilities of a "Place of Worship." 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? Section 34-2018(a) specifically states that if not part of a planned development, then a special exception is required. Answer:The key word in both Sections is "may." Written by on 27 febrero, 2023. If sales is the primary emphasis, Section "34-622(c)(55) VEHICLE AND EQUIPMENT DEALERS" is the appropriate main category. Section 34-1771 allows the operation of home occupations by right in all districts permitting dwelling units and sets forth the standards for home occupations. Answer:The key word here is public entrance or exit. 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. ", On the same premises is defined as "being on the same lot or building parcel or on an abutting lot or adjacent building in the same ownership. For the sw florida lifestyle your house, is a proposed structure shall be paid impact fees are not an increased . About Eagle Fence Founded in 1987, Eagle Fence Corp is a family owned business serving all of Southwest Florida. Does that definition apply when used in Section 34-1741 - 34-1750 Fences, Walls, Gates, and Gatehouses? 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.
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:This depends on the type of operation. 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? additional parking. Was this an oversight? 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? Putnam St. Johns St.Lucie Santa Rosa - You can apply for An exemption as long It's not greater than 600 square feet. All Rights Reserved. Answer:No, this is not an error or omission. The benefit would be to all members of the church throughout the nation. The top of the seawall is at least four (4) feet above the bottom of the water body adjacent to the seawall. 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. Answer:Hunting is an unregulated (by this Code) use of land which is not prohibited in the EC District. 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? Was this a scrivener's error? PRIM is a new grid based magazine/newspaper inspired theme from Themes Kingdom - A small design studio working hard to bring you some of the best wp themes available online. Residential Development
Question: (I-XVIII)What Use Activity Group and what zoning districts allow organizations to conduct "Bingo" activities? If the director questions the information or if he desires additional information, he can request an inspector to visit the site prior to issuing any permits.Question 3: (I-XVIII)Section 34-3204 allows reroofing and roof repairs. Parcels not within a subdivision can be described using the Public Land Survey System ( PLSS - Public Land Survey System ). Under Florida law, adjoining landowners are under no legal obligation to erect fences dividing their land. Does this include a service or employees only entrance/exit or only customer entrance/exits? In the past, they were considered accessory uses to a permitted use. "Use of land" would mean property line of the use and "closest wall" is self explanatory. 4. This group includes the most potentially obnoxious industrial uses. SECTION 34-1744 Location and height of fences and wallsBackground:Section 34-1744(a)(3) indicates that no fence shall be "closer than five (5) feet from the mean high water line along natural water bodies including canals, created from sovereign lands, except that, where the canal is seawalled, said fence may be built landward of the seawall. Establishments primarily engaged in growing are classified as plant nurseries. . 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. Setback requirements for main buildings are different from setbacks for detached accessory structures. Background:
Section 34-3275 Commercial or industrial useQuestion: (I-XVIII)An applicant owns three small contiguous lots which were platted around 1925. Environmental Engineering 239-274-2200 LeeCHDEEFeedback@flhealth.gov Fax. "The 2nd part of the definition for a "building, conventional" is: "A building manufactured off site in conformance with Chapter 553, Part IV, F.S. 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. A canal in most instances could be compatible to almost any use. What does this mean? 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. The key issue is the predominant activity of the property. Packaging or repackaging of materials which does not chemically or physically alter the composition of an item is permitted under "Processing and Warehousing." All piping, equipment and materials used in the plumbing system of built-in-place swimming pools must conform to the Florida Building Code, Plumbing unless otherwise specified. 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. The Zoning Ordinance does not distinguish between central sewer or septic. Answer:Yes. 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. Answer:In most, if not all cases, lottery ticket sales will not be the primary use of the property. Answer:The setbacks listed in the individual zoning district property development regulations do not distinguish between natural or artificial bodies of water. ARTICLE VII DIVISION 12 DENSITYSUBDIVISION II. 1982 Development Standards Ordinance, as amended, or which would qualify for such exemption if a formal request was made. However, if kitchen facilities are provided within a unit it shall be considered and counted as a dwelling unit and the equivalency factor would not apply. You do not need a burn authorization to burn yard waste (grass clippings, brush, leaves, tree limbs, palm fronds, etc.) 850-487-0864. A church would like to provide RV facilities on their property for use of the church members. SECTION 34-2015 Location and design generally Valet Parking: (XXIX)Question 1:
Answer:The most similar use group would be Section 34-622(c)(55) Vehicle and Equipment Dealers. 2.) 3. Posted in craft assembly jobs at home uk. However, the beer is manufactured on the premises in two 500 gallon holding tanks. obtained from the Lee County Soil & Water Conservation District, 319 S. Mason, Amboy, IL 61310 (815) 857-3623 x. Community Development. Lee County Florida Fence Setback Requirements. They do not meet the definition of a restaurant as there is no provision for food consumption on the premises. Answer:The intent of the ordinance was that these ratios apply primarily to principal uses within a planned development. SECTION 34-2018 Joint use of off-street parking lotsScenario:The developer of an outparcel adjacent to a shopping center has an agreement with the shopping center to use part of the center's parking spaces to help offset his required parking. 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. Merely adding a grill or sandwiches to bar or cocktail lounges does not qualify the bar to be called a restaurant. See division 2 of this article. Fax. It required setback requirements after a county, lee ceunty po. 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. Does this include "roofovers"? The required setbacks may be reduced when 40% or more, on a front foot basis, of all lots or 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. Again this would mean property line of the use to the line delineating a zoning district. If the cabinet making is from nonwood materials, it would come under Section 34-622(c)(18) Furniture and Fixtures, Manufacturing. Question: (XXIV)Would this requirement apply to other utility structures or equipment, such as a water treatment plant, that do not pose a direct hazard to passersby or residents? Vehicles which are licensed for highway use are not considered equipment, if they are used by a resident of the dwelling unit, i.e., each resident who uses a commercial vehicle is permitted to drive it home and park it, although repair or servicing a commercial vehicle or equipment in a residential district is not allowed. 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. (or Chapter 9B1 FAC), subsequently transported to its site complete or in modules and fixed to its own foundation with no intention to relocate. SECTION 34-1748 Enclosure of high-voltage transformers and other utility equipmentBackground:Section 34-1748 requires all substations or equipment of potential hazard to residents or passersby not otherwise protected shall be enclosed by a chainlink fence not less than eight feet (8') in height and topped with three strands of barbed wire. 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. City of Fort Myers, Zoning (GIS Map) City Development Activity Map. The legal status of the lot on which the building or structure is located: If the lot is not a legal lot of record, the provisions of 34-3272 must be reviewed. 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.] Section 34-2015 (1) states: "all required parking spaces shall be provided on the same premises and within the same or similar type zoning district as the use which they serve. This chapter shall apply to the unincorporated areas of the county. The Zoning Ordinance does not set forth regulations concerning signs, but consistently refers to the Lee County Sign Ordinance. okaloosa county setback requirements 19 Feb. okaloosa county setback requirements. ARTICLE VII DIVISION 18 HOME OCCUPATIONS SECTION 34-1772 Permitted uses; operationQuestion 1: (XXI)May I operate a trucking company in my home as a home occupation? 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? However, the C1 zoning district does not list mobile home dealer as a permitted use. 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. 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). In this case, 20% of 50 feet equals two side yards of 10 feet each. SECTION 34-1492 Definitions (3)Question: (I-XVIII)Section 34-1492(3) requires prorating the amount of street area that can be used to compute residential density when the street serves commercial or industrial uses as well as residential use. Bureau of Environmental Health, Onsite Programs 4052 Bald Cypress Way, Bin A-08 Tallahassee, FL 32399-1710 Phone:850-245-4250 Fax: 850-487-0864 Email: AskEH@flhealth.gov Depending on where you live in the state of Florida, all complaints and concerns are handled by county health authorities. Answer:Yes. Therefore, attendant parking is not the Same as Valet Parking. - Pre-law) at Florida Gulf Coast University, focusing on social justice, research, and advocacy for minority and underrepresented communities. The DSO prohibits backing out onto a rightofway, so should we not count those spaces when computing required spaces? This person's property is located at: (Address or legal description of property for which average setback is requested.) However, models and model unit display centers (Sections 34-1951 - 34-1955) only permits display or model units which would be permitted within the particular zoning district. 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.". Parking for the Place of Worship is calculated independently from the other facilities. Some of their activities may involve packaging and repackaging of drugs and/or cosmetics or some manufacturing of their research/development products. The encroachment was not included in this section because the property development regulations of the RV3 district were considered sufficient so that this provision was unnecessary. Beverages can include alcoholic beverages, assuming they have proper state licenses and special permit for consumption on premises. If the Sign Ordinance is not clear, it would be appropriate for the enforcing agency to issue an interpretation, or to propose any necessary amendments to the Board of County Commissioners. ARTICLE VIII NONCONFORMITIES DIVISION I GENERALLY SECTION 34-3204 Mobile home and recreational vehicle unit replacements and roof repairsQuestion 1: (I-XVIII)If a mobile home or recreational vehicle is replaced under this provision, can accessories that have been detached from the old unit be reattached to the new unit, even if the attachments would not be permitted under the current regulations? Would a "riprap" wall be considered the same as a "seawall"? StreetSetbacks on a local (public) street, the minimum is 25 feet. Does the developer have to apply for a Special Exception? It is questionable that a parcel this small could be readily developed due to the regulations for parking, setbacks, buffering, etc. 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. All these items qualify as a structure and hence cannot encroach into the 10foot separation area.
Tallahassee, FL 32399-1710. 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? These buildings would be permitted in the IG district subject to special setbacks or in the CPD, MPD and IPD districts. The definition of marina refers to the term "boats." In the case of a 50 x 80 foot lot, created prior to June, 1962, setbacks required would be: In the example, the rear setback is 27 feet (80 feet less 25 foot street setback = 55 feet, divided by 2 = 27 feet). Was this an oversight? However, the dictionary defines "primary" as "of first rank, importance, or value.". Every aboveground swimming pool shall fulfill either the fencing requirements for inground swimming pools, or shall be constructed or installed so as to permit access thereto only by a gate. Question: (XXI)
of 12-2-2002, 70-2) Mail - Lee County Property Appraiser, P.O. Answer:Sprayirrigation disposal would be an Essential Service Facility Group II unless it is located on the same premises as the sewage disposal plant or package plant. Further, the activities listed under Section 34 -1673, as not being applicable to the provisions of Art VII Div 15 Sub II Mining, would also be applicable to Section 34-1651(A)(2) (as exceptions to 34-1651(a). ARTICLE VI DIVISION 2 AGRICULTURAL DISTRICTS SECTION 34-653 Use regulations tableQuestion: (XXI)Agricultural districts permit nurseries as a permitted use in all AG zones. 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, The leadin paragraph and resultant list provides for the intent. Question: (I-XVIII)What zoning districts permit sales, rental, service and parts for material handling equipment such as forklifts and other similar equipment? Answer:A Place of Worship is limited to church/synagoguerelated religious functions. 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. Is the intent that the "ratios" listed in 34-937(2) be applied to an ALF which intends to have "commercial" (e.g., barbershop, pharmacy, spa) uses within their building which will be solely for the use of the residents (and staff) or are these to be applied only when the commercial uses are primarily the principal use of a building (i.e., in separate buildings from the living facilities)? Does this mean that a "plant nursery" must be shielded? Answer:No. 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? Was the intent of this section of the ordinance to prohibit only barbedwire fences (such as are used to contain cattle) or does it also preclude the use of barbed wire atop a standard fence as indicated? Not all building is prohibited in the required open spaces.
Answer:No. 239-274-2201 Mailing Address. Question: (I-XVIII)Would the retail sale of used automobile motors fall under "Auto Parts Store" or "Used Merchandise Group III" or both? The Lee Plan is based on gross acreage. Answer:Package plants, constructed for an individual project and located on the same premises, were intended to be treated as an accessory use subject to the Land Development Code. Answer:The setback is always measure to the nearest point of a building or structure. However, in the current regulations the provision was omitted. Answer:No. Other regulations may or may not indicate otherwise however. Also, Section 34-1955(c) allows for sales to be conducted in a main sales office located on or off the premises. 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. If a zero-lot line unit is proposed, a single 5-foot side yard is required. 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. 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. , MPD and IPD districts `` plant nursery '' must be shielded a residence should always be to. Church throughout the nation structure and hence can not easily walk around the end of the Fence ) specifically that... Ground level outside of the seawall social justice, research, and advocacy for minority and underrepresented communities operation home... 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