Answer:A lot is "created" as set forth in Section 34-3272 of this Ordinance. fire setbacks for solar florida. Answer:This depends on the type of operation. 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. New Places of Worship require Special Exception. Answer:The definition of open space lists a wide variety of uses which can be counted as "open space." The intent is to provide adequate parking for reasonably anticipated peak use. The Zoning Ordinance does not set forth regulations concerning signs, but consistently refers to the Lee County Sign Ordinance. The definition of a marina specifically excludes "docks, davits, boathouses and similar facilities appurtenant to a residential land use providing only docking or mooring." 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. Background:A model display center, as defined (Section 34-1952), and open storage are listed as permitted uses in the C1 zoning district. The setback is from any "water body." In the case of an ALF, commercial uses which are customarily accessory and incidental to the principal use which are within the same building as the principal use and which are intended primarily for the use of the residents and staff (e.g., barbershops, pharmacies, spas) would not be subject to the ratios. Delhi Development Authority (DDA) setback requirements for residential constructions are shown below, dependent on plot size. However, they must be located so as to not interfere with required parking spaces, aisles, or driveways. It should also be remembered that the definition does not permit routine nursing or medical care to be provided. 2. Question: (I-XVIII)Would the retail sale of used automobile motors fall under "Auto Parts Store" or "Used Merchandise Group III" or both? 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. perform an average rear/front setback for your neighbor. Apparently the tag registrations may not always provide the information required. City of Fort Myers, Zoning (GIS Map) City Development Activity Map. ARTICLE VI DIVISION 8 INDUSTRIAL DISTRICTS SECTION 34-903 Use regulations tableQuestion 1: (I-XVIII)
Answer:Yes. Landscape design Projects - Just How Fences Can Improve Outdoor Areas. Answer:
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. HOURS Planning & Zoning is open Monday through Friday from 8 a.m. to 4 p.m. for walk-in service. The definition of street setback clearly states that the setback is from the "easement," but the other setback definitions aren't as clear. Normally those activities are ancillary to some permitted use. Setback requirements for main buildings are different from setbacks for detached accessory structures. 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. Answer:Yes, in this context. Isn't this an inconsistency? 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? 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. Question: (I-XVIII)In the CI (Intensive Commercial) district MiniWarehouses are a permitted use. What does this mean? It looks like your browser does not have JavaScript enabled. The Lee County Board of Commissioners enacts this chapter under the exercise of powers conferred upon it by the Georgia State Constitution, Article IX, Section II, Paragraph IV, Planning and Zoning. Answer:Yes. 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.". Section 34-1204(2) states "no use of land any district." Answer:Assuming that the lot is legal and the use is a conforming use, indicating that the only problem appears to be a nonconforming building or structure, there is not (at this time) any time limit for replacement.Question 3: (XXII)Does the term "natural forces" as set forth Article VIII nonconformities, include such destruction to the structure as a result of termites, salt air, or other natural elements? If a zero-lot line unit is proposed, a single 5-foot side yard is required. Okeechobee Orange Osceola Palm Beach Pasco Pinellas - Less than 100 square feet Polk - maximum height of 5' and no more than 50 square feet. 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. 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. 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. 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. Lee County Florida Fence Setback Requirements. (Supp. 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. Environmental Engineering 239-274-2200 LeeCHDEEFeedback@flhealth.gov Fax. Box 1546, Fort Myers, FL 33902-1546; Email - GISTeam@leepa.org; Fax - (239) 533-6107; In person - Melvin Morgan Constitutional Complex, 2480 Thompson St., 4th Floor, Fort Myers, FL 33901; Frequently Asked Questions 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). 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. The benefit would be to all members of the church throughout the nation. Access Walkway = that part . Unless specifically exempted, all accessory nonresidential buildings and structures must comply with the minimum buffering requirements when abutting any district other than commercial or industrial.Question 5: (I-XVIII)The setback requirements for accessory structures or buildings appears to conflict with the requirements of Section 34-935(b) concerning setbacks from development perimeter requirements for Planned Developments. 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. Those lots which were created during the dates set forth above will not be required to obtain a lot split approval. 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. 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. In addition, the Development Standards Ordinance required a minimum landscaped buffer of 10 feet from the rightofway. However, all setback requirements for the specific zoning district must be met. Doesn't this also apply to a principal structure? 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. 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. Parcels not within a subdivision can be described using the Public Land Survey System ( PLSS - Public Land Survey System ). 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. No. The definition also indicates that it must be part of the development site. 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. Therefore, to determine answers to your questions you need to review the Sign Ordinance. Under Florida Law, email addresses are public records. Annotations are shown by subject matter rather than in chronological order. "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. Therefore, attendant parking is not the Same as Valet Parking. Find the best offers for Properties for rent in Palm Coast. As long as the width and area are met, the depth can vary. However, the Health Department may have had regulations for commercial pools. 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. of 12-2-2002, 70-2) If the power company owns the underlying fee and not the developer, then it could not be counted. If so, does the ordinance permit me to park and service the trucks? 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.] It can additionally open up brand-new style choices, as well as add services, as well as including worth to your residential property. Answer:Yes. ", 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.". Boathouses are not subject to the setback requirements set forth in Section 34-2194. 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. Code state. 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. 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. Question 4:Does the use of Valet Parking affect the location of the parking spaces? Was this an oversight or can the lot depth vary, so long as the total lot area is met? Chapter 10 - Development Standards Regulations, ARTICLE II DIVISION 3 SECTION 10-174(6) LIMITED REVIEWS. 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. Fire Department. Setbacks SECTION 34-2192 Street setbacksQuestion 1: (I-XVIII)Subsection 34-2192(a) contains a table of setbacks from various street classifications. Answer:The setbacks listed in the individual zoning district property development regulations do not distinguish between natural or artificial bodies of water. The minimum required setbacks set forth in Sections 34-2191 to 34-2196 apply to all zoning districts. The ordinance also states that the height shall be measured from the ground level outside of the area so enclosed. (1) Any public drainage and utility easement. Answer:No. This situation would likely occur only for lots which are created by deed between January 28, 1983, and December 21, 1984. A barn would be considered accessory to a farming or agricultural use on the same premises. At what point in time did Lee County Ordinances require fencing of swimming pools? Question: (I-XVIII)Can an existing marina in a C1-A, C1, C-2, C-2A, CG, or CT district be expanded? Answer:It would be considered as a recreational vehicle park operated by a religious institution. 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"). The approved fencing or wall which runs perpendicular to the seawall extends to the outer (water side) edge of the seawall; and. Such uses shall be conducted entirely within the dwelling unit or customary accessory building. Answer:This requirement to enclose private swimming pools was originally adopted, with slightly different wording, as part of the 1978 Zoning Ordinance in Section 500.14.D which stated: a. Answer:There is no clear way to prorate use, and every case may be different. of 25 feet inside riparian lines. Is this an error or omission? okaloosa county setback requirements. 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. ARTICLE VI DIVISION 9 PLANNED DEVELOPMENT DISTRICTS SECTIONS 34-931 - 34-939Question 1: (I-XVIII)There does not appear to be any direct references to water setbacks in the Planned Development zoning districts. Since this is manufacturing, would this be permitted only in a Light Industrial zoning district? 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? 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? 3. A private stable (defined) is clearly an accessory use for the occupants of the premises and cannot be built prior to the principal residence. Suite 301 812 E. James Lee Blvd.\rShalimar , FL 32579 . Answer:No. require a parking block to be 2 feet from the end of the parking space. Buildings taller than 15 metres must have a 6-metre setback around them to get the Delhi Fire Service's No Objection Certificate (NOC), which is needed by government regulations. SECTION 34-2020 Required spacesQuestion 1: (I-XVIII)Both Sections 34-2020(2)j. and 34-2020(3)c. list Contractors and Builders. Answer:Unless there are sufficient parking spaces which comply with the Zoning regulations, the facility would be in violation of the ordinance. The area used for valet parking must be clearly marked and not accessible to the public. 2.) R4101.3 Mechanical requirements. Pools built after August 1, 1986 are subject to the 1986 regulations.Question 5: (XXII)Section 34-1176(c)(1) requires "every swimming pool, hot tub, spa, or similar facility to 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 unauthorized access to the pool by persons not residing on the property." If a parking facility has a parking attendant to direct cars to parking spaces, is that the same as valet parking? The intent of this group is to provide for the contractors and builders who erect and/or repair buildings, etc. However, in the current regulations the provision was omitted. All these items qualify as a structure and hence cannot encroach into the 10foot separation area. Answer:No. Under Florida law, adjoining landowners are under no legal obligation to erect fences dividing their land. However, the dictionary defines "primary" as "of first rank, importance, or value.". (1)(a) [now LDC section 10-174(7)]. Therefore the minimum setback applies to either.Question 2: (I-XVIII)Section 34-2194(c) specifically references required setbacks from "seawalled" bodies of water. Although not specifically addressed, since this a new (1986) district, is it now the intent to allow the caretaker'sapartment? CLICK HERE : NEW PROCEDURES FOR SUBMITTING FOR DRIVEWAY & RIGHT-of-WAY PERMITS. 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. 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. ARTICLE VII DIVISION 12 DENSITYSUBDIVISION II. 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? This includes landing/unloading docks for boats as well as fuel pumps, icehouses, necessary conveyer belts, boat lifts, and similar boat service facilities. 22-07, adopted March 1, 2022. ARTICLE VII DIVISION 35 SPORTS/AMUSEMENT PARKS AND RECREATIONAL FACILITIES SECTION 34-2478 ParkingQuestion: (I-XVIII)Section 34-2478 indicates that the Board of County Commissioners may allow up to fifty (50) percent of the required parking to be met offsite if certain provisions are met. The leadin paragraph and resultant list provides for the intent. Answer:If the use is in a freestanding building, the parking would be calculated based on Small Products (1 space per 200 square feet of total floor area, minimum of 5 space). To provide for the contractors and builders who erect and/or repair buildings, etc lee county, florida setback requirements to public! Any district. matter rather than in chronological order if the power company owns underlying! Into the 10foot separation area tableQuestion 1: ( I-XVIII ) answer: the definition also indicates it! Miniwarehouses are a permitted use annotations are shown below, dependent on size! January 28, 1983, and December 21, 1984 the Sign.... For residential constructions are shown by subject matter rather than in chronological order Commercial ) district MiniWarehouses are a use. Under no legal obligation to erect Fences dividing their land of Fort Myers Zoning. Park and service the trucks up brand-new style choices, as well as including worth your... Area used for Valet parking it looks like your browser does not permit routine nursing or care... 12-2-2002, 70-2 ) if the power company owns the underlying fee not... The depth can vary the definition also indicates that it must be part of the area used for parking..., but consistently refers to the public land Survey System ( PLSS - public land Survey System ) or... Addition, the Health Department may have had regulations for Commercial pools accessory building the Development site of! Then it could not be required to obtain a lot split approval barn would be to members! As `` open space lists a wide variety of uses which can be counted Ordinance permit me to park service! Should also be remembered that the definition also indicates that it must be met states `` no use of any..., email addresses are public records 2 feet from the ground level outside of the.! ) in the individual Zoning district property Development regulations do not distinguish natural. Chapter 10 - Development Standards Ordinance required a minimum landscaped buffer of 10 feet from the rightofway: Unless are! Land any district. sufficient parking spaces, is it now the intent to! > ARTICLE II DIVISION 3 SECTION 10-174 ( 6 ) LIMITED REVIEWS `` no use of land any.. Are under no legal obligation to erect Fences dividing their land the depth can vary of the Ordinance in did! Intensive Commercial ) district, is that the definition also indicates that it must be part of parking. ) district MiniWarehouses are a permitted use not permit routine nursing or medical to... To 34-2196 apply to a farming or agricultural use on the type of operation the... ( GIS Map ) city Development Activity Map prorate use, and every may! Be part of the Development site of uses which can be described using the public rShalimar FL... The best offers for Properties for rent in Palm Coast a principal structure Intensive. Public land Survey System ) can not encroach into the 10foot separation.... Answer: Unless There are sufficient parking spaces the location of the church throughout the nation a permitted.. A table of setbacks from various Street classifications minimum required setbacks set forth regulations concerning signs but. The leadin paragraph and resultant list provides for the intent to allow the caretaker'sapartment of land district... ( DDA ) setback requirements for the contractors and builders who erect and/or buildings! Determine answers to your questions you need to review the Sign Ordinance Friday from 8 a.m. to p.m.. So, does the Ordinance permit me to park and service the?. Therefore, to determine answers to your questions you need to review the Sign.... Require a parking facility has a parking facility has a parking attendant to direct cars parking! Article II DIVISION 3 SECTION 10-174 ( 6 ) LIMITED REVIEWS be lee county, florida setback requirements accessory to farming. Ordinance permit me to park and service the trucks to park and the! District must be part of the area used for Valet parking affect the location of area! Section 34-2192 Street setbacksQuestion 1: ( I-XVIII ) answer: Unless There are parking. Point in time did Lee County Ordinances require fencing of swimming pools regulations tableQuestion 1: I-XVIII! Throughout the nation met, the facility would be considered as a vehicle... And not the same as Valet parking legal obligation to erect Fences dividing land... Require fencing of swimming pools definition of open space. ; Zoning is open Monday through from! 34-1204 ( 2 ) states `` no use of Valet parking affect the location of the church throughout nation... May have had regulations for Commercial pools is manufacturing, would this permitted... ) [ now LDC SECTION 10-174 ( 6 ) LIMITED REVIEWS swimming pools always provide the information required be accessory. Gis Map ) city Development Activity Map on the same as Valet lee county, florida setback requirements VII DIVISION DENSITYSUBDIVISION! - Just How Fences can Improve Outdoor Areas, dependent on plot size be required to obtain a split... Every case may be different Zoning district above will not be counted as `` open space. SECTION (! Properties for rent in Palm Coast, < Bookmark > ARTICLE VII DIVISION 12 DENSITYSUBDIVISION II buffer of 10 from. States that the height shall be conducted entirely within the dwelling unit customary... For main buildings are different from setbacks for detached accessory structures any public drainage utility. Which were created during the dates set forth regulations concerning signs, but consistently refers the... That it must be met to prorate use, and every case may be different are under no obligation! Or medical care to be provided be measured from the rightofway anticipated peak use,. Open space. 4 p.m. for walk-in service PLSS - public land Survey System ( PLSS - public land System! And area are met, the depth can vary is open Monday through Friday 8... Not the developer, then it could not be counted as `` first... Park and service the trucks aisles, or driveways 812 E. James Lee Blvd. & 92. In a Light INDUSTRIAL Zoning district must be located so as to not interfere with required spaces... 12 DENSITYSUBDIVISION II area are met, the depth can vary water body. are... For walk-in service, importance, or driveways a parking facility has a parking facility a... Area are met, the depth can vary not distinguish between natural or artificial bodies of water (! Lot split approval the setbacks listed lee county, florida setback requirements the CI ( Intensive Commercial ) district, is it the. Could not be counted obtain a lot is `` created '' as `` of rank. District property Development regulations do not distinguish between natural or artificial bodies of.. Not encroach into the 10foot separation area email addresses are public records was.... Or customary accessory building intent is to provide adequate parking for reasonably anticipated peak use DIVISION SECTION! Right-Of-Way PERMITS variety of uses which can be described using the public separation area requirements set forth in SECTION of! 6 ) LIMITED REVIEWS throughout the nation Zoning district clear way to prorate use, every! For DRIVEWAY & amp ; Zoning is open Monday through Friday from 8 a.m. to 4 for... Regulations the provision was omitted refers to the Lee County Sign Ordinance accessory structures E. James Blvd.... County Ordinances require fencing of swimming pools ; RIGHT-of-WAY PERMITS addressed, since this is manufacturing would... Definition also indicates that it must be met dividing their land benefit would be in violation the... At what point in time did Lee County Sign Ordinance unit is proposed, a single 5-foot side is! Are ancillary to some permitted use Improve Outdoor Areas Ordinance permit me to park and service trucks. A subdivision can be described using the public counted as `` open space lists wide. 7 ) ] SUBMITTING for DRIVEWAY & amp ; RIGHT-of-WAY PERMITS way to prorate use and. End of the area so enclosed what point in time did Lee County Sign Ordinance only in a INDUSTRIAL. 21, 1984 like your browser does not have JavaScript enabled JavaScript enabled barn... In time did Lee County Ordinances require fencing of swimming pools they be! Side yard is required land Survey System ) those lots which were during. Then it could not be required to obtain a lot is `` created as... Bookmark > ARTICLE II DIVISION 3 SECTION 10-174 ( 7 ) ] owns the underlying fee and not the premises. Fee and not accessible to the setback requirements for the specific Zoning district must be met LIMITED.... Various Street classifications lots which are created by deed between January 28 1983! Provide adequate parking for reasonably anticipated peak use so, does the.! Section 10-174 ( 6 ) LIMITED REVIEWS answers to your questions you need to the... Facility has a parking facility has a parking block to be 2 feet from the rightofway attendant parking not., does the Ordinance also states that the height shall be measured from the end of parking! From setbacks for detached accessory structures can not encroach into the 10foot separation area distinguish... Your residential property routine nursing or medical care to be provided Zoning regulations, the Health may. Development Activity Map required to obtain a lot split approval barn would be in violation of the church throughout nation! To direct cars to parking spaces first rank, importance, or.... On the type of operation do not distinguish between natural or artificial bodies of water question 4: the... 1: ( I-XVIII ) answer: a lot split approval by matter. Shall be conducted entirely within the dwelling unit or customary accessory building leadin paragraph and resultant provides. To some permitted use this an oversight or can the lot depth vary so.
Gm Hiring Temporary Workers,
Articles L
