. 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. 7. 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. It was the intent of the BOCC to allow the replacement of the units without interfering with existing attachments. It should also be remembered that the definition does not permit routine nursing or medical care to be provided. Question 1: (I-XVIII)Section 34-735 allows "Park Trailers" by right in the MH-2 district. 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. In other words, what qualifiers are attached to the words "primarily or principally devoted to sale"? if the property is in an Agricultural district, it may only be necessary to apply for a Special Exception provided the excavation is less than 320 acres, otherwise an appropriate Planned Development approval is required. 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. City of Orlando - Setback Requirements Sec. Answer:No. If a "Place of Worship" wants to add a "Day Care Center" does it require a Special Exception? Answer:This depends on the type of operation. The only modificationto the parking regulations is that each individual space would not have to be accessible at all times from a parking aisle (stacking). The ordinance also states that the height shall be measured from the ground level outside of the area so enclosed. 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.". Answer:No. As such they need to be reviewed on a casebycase basis as planned developments. 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. In effect, the Board's decision is that no deviation from the Impact Fee Ordinance can be allowed and staff should not even permit the processing of deviation request for relief from the Impact Fee Ordinance. The cost of land makes it prohibitive to have a nursery in any other district except AG. Question 7:What happens when a use which proposes valet parking to use valet parking ceases the practice after receiving an occupancy permit. The roman numeral following a question refers to the particular annotations group in which the question was originally addressed. About Eagle Fence Founded in 1987, Eagle Fence Corp is a family owned business serving all of Southwest Florida. 2.) Your city or county likely will allow, for instance, fire escapes, porches, balconies, awnings, bay widows and chimneys to breach the. Question: (I-XVIII)In the CI (Intensive Commercial) district MiniWarehouses are a permitted use. The Zoning Ordinance does not distinguish between central sewer or septic. In all cases reasonableness should apply. A review of the permitted uses will also show that bulk storage of petroleum is not a permitted use. Answer:No. Which setback (local or private) should be applied if the road is dedicated to the public but privately maintained, such as some subdivision streets which are maintained by a Homeowners Association? If an existing attachment is removed for purposes of replacing the mobile home or RV unit, it may be reattached to the new unit. (3) The wording in Section 34-1204(b) states "from any district which allows residential uses." Answer:Yes. StreetSetbacks on a local (public) street, the minimum is 25 feet. AskEH@flhealth.gov. 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)
This type pump should not be confused with "selfservice fuel pumps" which are available to the general public. Answer:No. Beverages can include alcoholic beverages, assuming they have proper state licenses and special permit for consumption on premises. Applications for permits are accepted at City Hall, Monday-Friday from 8:30am-12:30pm and 1:30pm-4:00pm. 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. 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. Therefore, to determine answers to your questions you need to review the Sign Ordinance. SECTION 34-2020 Required spacesQuestion 1: (I-XVIII)Both Sections 34-2020(2)j. and 34-2020(3)c. list Contractors and Builders. Therefore, if the treatment plant is designed, used, or intended to serve several developments, OR if not on the same premises (see definition for "Premises, on the Same") as the project it is serving, it would require a special exception. 5. Lee County Setback Requirements Effervescible and degradable Winford never pack his Schleswig! Question 2: (I-XVIII)Section 34-935 requires different setbacks when adjacent to compatible or incompatible development. SECTION 34-616 Rules for interpretation of district boundariesQuestion:How would the development regulations apply, in instances where a lot is split by two or more zoning districts? What is the intent of the word "beverages"? Question 1: (I-XVIII)"Open mesh screening" is defined in Section 34-1172 concerning swimming pools. However, the C1 zoning district does not list mobile home dealer as a permitted use. 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. 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. 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. Other federal, state or local regulations: If above regulations exist which would prohibit reconstruction or limit reconstruction, these provisions would have to be reviewed. Approvals - 3 minutes R4101.4 Approvals 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. Answer:Section 34-1171 "Applicability of Division" sets forth that Sections 34-1171 - 34-1174 do not apply to those accessory uses, buildings, and structures which are incidental and subordinate to the principal use or building and which are specifically regulated elsewhere in this ordinance. Conversely, if the road is primarily to the residential project and provides only secondary access to the shopping center, then more of it could be credited toward gross density. 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. Section 34-3272(3)b. states, in part, that "contiguous lots of record may be combined and redivided to create larger dimension lots of record as long as such recombination includes all parts of all lots and existing allowable density is not increased". 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. This term is listed as by right or by Special Exception in the district use regulations. Suite 301 812 E. James Lee Blvd.\rShalimar , FL 32579 . Answer:Yes. 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.". This created an unfair situation for property owners electing to set their residence further back from the street than required by the minimum setback. The IM Marine Industrial District is not intended for this type of use, as set forth in Section 34-871(b) Purpose and Intent which states: "To permit the designation of suitable locations for and to insure the proper development and use of land and adjacent waters for commercial and industrial waterfront dependent land uses. Answer:No. Answer:No to all questions. Question: (I-XVIII)Does the IM Marine Industrial District allow bulk storage of petroleum products? Since the RV and MH districts do not permit "Conventional Single Family Units", the sale of same would be prohibited. 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? 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? LAND DEVELOPMENT CODE LEE COUNTY, FLORIDA Codified through Ordinance No. 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? In that case, refer to the definition of "Water, Body of" and you will see it includes both artificial and natural. 3. As long as the width and area are met, the depth can vary. A "Place of Worship" is permitted "existing only". 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. Boats are defined in part as any vessel, watercraft, or other artificial contrivance used, or which is capable of being used, as a means of transportation, on waters of Lee County, Florida, including: 4. 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. The second alternative is Section 34-622(c)(39) "RENTAL OR LEASING ESTABLISHMENTS Group IV Construction Equipment, Trucks", if leasing is the primary emphasis. Question: (I-XVIII)Would the retail sale of used automobile motors fall under "Auto Parts Store" or "Used Merchandise Group III" or both? 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. If the power company owns the underlying fee and not the developer, then it could not be counted. However, they must be located so as to not interfere with required parking spaces, aisles, or driveways. 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. Code state. Answer:No. 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? Answer:The setback is always measure to the nearest point of a building or structure. Answer:The Ordinance does not specifically define "primarily." Office of Planning & Zoning Physical Address 315 W. Main St. Tavares, FL 32778 Mailing Address P.O. Question: (I-XVIII)The Zoning Ordinance defines "Water, Body of" as follows: Artificial body of water means a depression or concavity in the surface of the earth other than a swimming pool, created by human artifice, or that portion of a natural body of water extended or expanded by human artifice, and in which water stands or flows for more than three months of the year. Landscaping can be a lot of fun. csfa league table. 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:No. 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. 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. (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. Answer:Section 34-935(b) supersedes Section 34-1174. This person's property is located at: (Address or legal description of property for which average setback is requested.) The Place of Worship may operate a day care center if it is primarily for church members.Question 3: (I - XVIII)In calculating the required parking for a religious facility, do you use that use(s) that creates the greatest demand at any one time and use that number of spaces as the required number of parking spaces for the entire facility (including all uses)? Such uses are more intense than those normally encountered in a recreational marina, yet fall short of the intensity of use represented by the storage and commodity handling facilities and equipment attendant to the waterborne commerce movement facilities which are the principal focus of the PORT District [34-871(c)]. Answer:Yes. The top of the seawall is at least four (4) feet above the bottom of the water body adjacent to the seawall. (4) Within any required rear yard setback, no accessory structure shall be erected within ten (10) feet of any rear property line and within six (6) feet of any side property line. In addition, Planned Developments can also request deviations. The intent therefore, is to measure from property line to property line.Question 2: (I-XVIII)Based on the wording of Section 34-1204, is it the intent to restrict these uses from zoning districts which permit both residential and commercial uses? Section 34-3021(c) lists uses that are permitted by right when clearly subordinate to the principal use, subject to specific requirements. Shouldn't this also say that they must be approved by the Director? Some of their activities may involve packaging and repackaging of drugs and/or cosmetics or some manufacturing of their research/development products. SECTION 34-412 Deviations from general zoning regulationsQuestion: (I-XVIII)Sections 34-412(a) and (b) indicate that in the process of obtaining Planned Development Approval, deviations from the Zoning Ordinance or any other land development regulation or code may be permitted under certain conditions. Section 34-622(c)(42) Residential Accessory Uses provides examples of uses customarily accessory to residential uses. Answer:No, provided that the "Day Care Center" is sponsored by a church/synagogue within its own structure(s). The IRC is a stand alone code for residenial. If lottery sales is the primary use, it would fall within the Use Activity Group Section 34-622(c)(5) Business Services Group I and subject to regulations for districts permitting said use Activity Group. 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). Answer:Yes. A guesthouse is not a customary accessory use for purposes of this Ordinance. ).Question 3: (I-XVIII)Can a utility easement, especially a powerline easement, be calculated as part of the open space requirement for an RPD rezoning request? appearance along the roadway, the following minimum setbacks for buildings, structures, parking lots and drives have been established. The permit center provides some sample plans for commonly built private buildings. Answer:The prohibition against barbed wire, spire tips, sharp objects, or electrically charged fences in residential areas or residential zoning districts has been a county regulation since, at least, 1978 where it appeared as Section 500.15.B.12. 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. Answer:Section 34-2011(b) addresses existing developments. Also, this section requires the use to be totally within the building housing the principal use, to occupy less than 10 percent (10%) of the total floor area of the principal use, and public access to the commercial uses must not be evident from any abutting street. Useful Links Carlos Machado Sociology Student (B.A. The required setbacks may be reduced when 40% or more, on a front foot basis, of all lots or When you add onehalf of adjacent rightsofway you will come very close to the one acre requirement. 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 marina siting and design criteria to be used are those set forth under Objective 98.5 and 98.6 of the Lee Plan.".
However, valet parking is most often associated with restaurants, night Clubs, etc. What is the setback from artificial bodies of water? 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. 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? The remainder parcel was created when all the other lots were deeded prior to the effective date of the Development Standards Ordinance. New Places of Worship require Special Exception. 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. Answer:Yes. okaloosa county setback requirements 19 Feb. okaloosa county setback requirements. Lawn and Garden Supply Stores means establishments primarily engaged in selling trees, shrubs, other plants, seeds, bulbs, mulches, soil conditions, fertilizers, pesticides, garden tools, and other garden supplies to the general public. and b.1. "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 not, what district would permit it? 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). This chapter shall apply to the unincorporated areas of the county. Section 34-2015(1) Location and Design Generally requires that "except for parking lots zoned CP or as provided in section 34-2018, all required parking lots shall be provided on the same premises and within the same or similar type zoning district as the use which they serve.". 850-245-4240. I still need what the Florida Res. If the use is in a multiple occupancy complex, the calculation would be based on the appropriate Multiple Occupancy Complex requirements.Question 3: (I-XVIII)What effect does the addition of fuel pumps have on the parking and traffic circulation requirements? 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. 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