We specialize in installing and repairing vinyl, aluminum, wood, and chain-link fences. 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:Hunting is an unregulated (by this Code) use of land which is not prohibited in the EC District. Section 34-3275 Commercial or industrial useQuestion: (I-XVIII)An applicant owns three small contiguous lots which were platted around 1925. Question #1: (I-XVIII)"Restaurant Standard" is "an establishment whose principal business is the sale of food or beverages to customers in a ready-to-consume state, and ". Which section is to be used? 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. Answer:No. Answer:No. Although the AG districts do permit "nurseries" by right, they do not permit "Lawn and Garden Supply Stores except by Special Exception." Answer:I75 is identified as a Freeway on the Trafficways Map. 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. 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.". Fax. Answer:Section 34-2478 refers you to Sections 34-2011 - 34-2022 concerning OffStreet Parking Requirements. A canal in most instances could be compatible to almost any use. Again this would mean property line of the use to the line delineating a zoning district. The site plan submitted shows the parking spaces in question as an integral part of the shopping center parking lot, in that common entrances and aisles are used. ", Section 34-1744(b)(3) states, in part, "a fence within twentyfive (25) feet of a body of water shall be of open mesh screening above a height of 3 feet.". Property owner's name STRAP Number (17 digit number found on tax bill, available from the Lee County Property Appraisers Website or at 239-533-6150) Site address Section 34-1204 (3) states "no use of land any hotels, motel, restaurant, school (non-commercial), day care center (child), park, playground, place of worship, religious facility, public recreational facility ." Section 34-1204(1) specified: "from the closest wall." 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. 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. However, RV1 and RV2 allow a 12 inch encroachment. 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? These establishments primarily sell products, purchased from others, but may sell some plants which they grow themselves. Answer:It would be considered as a recreational vehicle park operated by a religious institution. Posted at 07:49h in class of 2026 basketball rankings espn by white dunce cap mushroom poisonous to dogs. 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. However, this does not authorize the location of a use in a district where that use is not either a permitted principal use or accessory use. 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. 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. of 12-2-2002, 70-1) Sec. This situation would likely occur only for lots which are created by deed between January 28, 1983, and December 21, 1984. Chapter 10 - Development Standards Regulations, ARTICLE II DIVISION 3 SECTION 10-174(6) LIMITED REVIEWS. (Ord. (1) Any public drainage and utility easement. Answer:Yes. 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. Answer:No. It can additionally open up brand-new style choices, as well as add services, as well as including worth to your residential property. Question 1: (I-XVIII)Section 34-735 allows "Park Trailers" by right in the MH-2 district. 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. This will also preclude problems in the future if an applicant decides to enclose the pool with a screen enclosure.Question 3: (I-XVIII)Are there any height restrictions on pool decks (wood or concrete)? The definition of marina refers to the term "boats." Section 34-1204(2) states "no use of land any district." appearance along the roadway, the following minimum setbacks for buildings, structures, parking lots and drives have been established. Is this a permitted use? The approved fencing or wall which runs perpendicular to the seawall extends to the outer (water side) edge of the seawall; and. Question: (I-XVIII)There is no lot depth listed for the MHC1 & MHC2 districts. In accordance with the definition of "on the same premises" the removal of excavated materials from one parcel to another would be permitted provided the abutting lot (parcel) is in the same ownership. Lee County Clerk's Office. The IRC is a stand alone code for residenial. It required setback requirements after a county, lee ceunty po. Dyson overbuilt her Briggs antiseptically, she rephrased it pushing. These are strictly delivery services with an incidental take out trade. Setbacks SECTION 34-2192 Street setbacksQuestion 1: (I-XVIII)Subsection 34-2192(a) contains a table of setbacks from various street classifications. Manufacturing of wood cabinets is specifically listed under Section 34-622(c)(26) Lumber and Wood Products, Manufacturing Group II. Question 2:What Uses may use valet parking? 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." Satellite earth stations must meet the minimum setback requirements for the zoning district in which proposed, as well as those setback requirements in section 34-2191, et seq. Does this include "roofovers"? (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."). 62-610.471 : Setback Distances - Florida Administrative Rules, Law, Code, Register - FAC, FAR, eRulemaking Rule: 62-610.471 Prev Up Next Latest version of the final adopted rule presented in Florida Administrative Code (FAC): History of this Rule since Jan. 6, 2006 ARTICLE VII DIVISION 26 OFF-STREET PARKING SECTION 34-2011 Applicability of divisionQuestion: (I-XVIII)When computing parking for a change of use permit, what happens to existing parking spaces that presently are backing out onto a rightofway. Does the developer have to apply for a Special Exception? Exceptions: Marginal docks must be setback min. What does this mean? Answer:No, the Division of Alcoholic Beverages and Tobacco require a restaurant and/or bar or lounge, which contains this type of facility, to have two licenses. Nothing in the ordinance allows for deviating from the location standards when valet parking is used.Question 5:Can public parking and valet parking be located within the same parking facility? R309.4 Carports According to the developer, he has an easement to use the parking spaces for his exclusive use. Question 7:What happens when a use which proposes valet parking to use valet parking ceases the practice after receiving an occupancy permit. If a parking facility has a parking attendant to direct cars to parking spaces, is that the same as valet parking? (3) Any required side yard setback. Also, retention ponds are addressed under Section 34-1651(b) Excavation for purpose of water retention.Question 2: (XXV)Can excavated materials be moved from an abutting parcel or parcels to another abutting parcel (all under the same ownership) for use in road construction? Answer:No. Answer:The Ordinance does not specifically define "primarily." The definition indicates that the caretaker(s) as well as the person(s) being cared for must reside in the same dwelling unit. Answer:No. All activities must be setback a min. 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? Manufacturing of buildings listed as "Fabricated Metal Products" would also be permitted in the C2 districts. Was this an oversight? Other regulations may or may not indicate otherwise however. What is Valet Parking? Side yards20% or 15 feet, whichever is less. 2.) 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." Landscaping uses many different sorts of fencing, and also . 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)? Applications for permits are accepted at City Hall, Monday-Friday from 8:30am-12:30pm and 1:30pm-4:00pm. 3. Several methods exist by which the Board of County Commissioners can waive certain requirements: Section 34-2017(c) addresses temporary lots and 34-2018 addresses joint parking facilities. The church would provide religious services, Bible studies, and the use of church facilities for "events" taking place. Prefabricated metal buildings are listed in Section 34-622(c)(14) Fabricated Metal Products/Manufacturing Group III. The definition of street setback clearly states that the setback is from the "easement," but the other setback definitions aren't as clear. No. "On the same premises" is defined as being on the same lot or abutting lot in the same ownership. Answer:No. 7. 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. ARTICLE VI DIVISION 6 COMMERCIAL DISTRICTS SECTION 34-843 Use regulations table. The "round three" amendments removed the inconsistency from the ordinance.Question 2: (I-XVIII)Section 34-1174 states that accessory structures cannot be built in easements where there are such prohibitions; but, are there any setbacks between the easement and the structure or can the structure be built right up to the easement line? 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). When you add onehalf of adjacent rightsofway you will come very close to the one acre requirement. Answer:No. Answer:Fuel pumps do not require parking spaces. . Also, could such signage be regulated by the Director through the issuance of a special permit, or would it be prohibited by the Sign Ordinance which has no specific provision for such events? When did or does the destruction have to occur to comply with this section? 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. 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:No. Riprap or seawalls are both forms of bank protection. 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. 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, it cannot be enlarged.Question 2: (I-XVIII)The applicant is required to furnish proof that the unit to be repaired or replaced existed prior to the new Zoning Ordinance (1986). Mobile Home | Lee County Property Appraiser Taxation of Mobile Homes in Florida Registration & Renewal Mobile home registrations and renewals are handled by the Tax Collector's Office. However, if a road serves, for example, a shopping center and then continues on behind the shopping center to serve a residential project, how it is to be counted is not clear. 2. Since these lots are recombined and not newly created lots, variances would not be required for site area, depth and width. Answer:The ordinance does not restrict use of valet parking either by land use or by zoning district. You can also talk to a plans examiner at the permit center who 2200 Second Street, Fort Myers, FL 33901 City Hall 239-321-7000 City Public Records: 239-321-7045 or via Online. For more information, please call (239) 533-6000 or visit Lee County Tax Collector for help in creating a checklist of requirements and necessary documents. In those cases where the principal building was lawfully constructed closer to the street than is now permitted, the higher fence would be permitted closer to the street than the setback line, but not closer than the principal building itself. The regulations deliberately deleted minimum separation for pools, etc. 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. Therefore, to determine answers to your questions you need to review the Sign Ordinance. The required setbacks may be reduced when 40% or more, on a front foot basis, of all lots or Instead, the applicant should be told to submit independent fee calculation materials during the development order process and that this process is the more appropriate point at which impact fee credits should be determined. Answer:Section 34-1204(1) states "no use of land shall be closer than 1,000 feet measured on a straight line from the closest wall of any building containing a similar use." If a singlefamily residence was legally constructed closer to the street than is now permitted, does the fence still have to be restricted to three (3) feet [or four (4) feet, as applicable] in height from the rightofway or easement to the minimum required setback line? If the primary use of the establishment is the commercial operation of "Bingo" games or other similar type activities in which large groups of people gather for indoor recreational activities then it would be classified 34-622(c)(38) Recreation Facilities, Commercial Group IV Indoor Facilities. 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. Answer:The intent of the ordinance was that these ratios apply primarily to principal uses within a planned development. The key issue is the predominant activity of the property. Under Florida Law, email addresses are public records. Useful Links City of Orlando - Setback Requirements Sec. 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. In which zoning district(s) would this type of use be permitted? 70-2. Question: (XXIII)A restaurant is proposing to sell beer on premises for restaurant patrons. 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. (1)(a) [now LDC section 10-174(7)]. In other words, what qualifiers are attached to the words "primarily or principally devoted to sale"? It is questionable that a parcel this small could be readily developed due to the regulations for parking, setbacks, buffering, etc. 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? Isn't this an inconsistency? 5. ARTICLE VII DIVISION 36 STORAGE FACILITIES AND OUTDOOR DISPLAY OF MERCHANDISE SECTION 34-3005 Storage facilitiesQuestion: (I-XVIII)Section 34-3005(B) "Storage, Open" requires outofdoor storage areas to be "shielded behind a continuous visual screening at least eight (8) feet in height when visible from a residential use or residential zoning district, and six (6) feet in height when visible from any street rightofway or street easement.". Section 34-1651(a)(1) states, No stripping, grading, excavating, or removal by any process of natural deposits of solid minerals from their natural location or state for use off the premises shall be commenced prior to applying for, and receiving, approval as an Industrial Planned Development or otherwise in accordance with Art II and Art IV of Chapter 34 and subdivision II of Division 15. Answer:Yes. In that case, refer to the definition of "Water, Body of" and you will see it includes both artificial and natural. Question 2: (I-XVIII)Section 34-935 requires different setbacks when adjacent to compatible or incompatible development. ", 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. This chapter shall apply to the unincorporated areas of the county. . 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.". Answer: geddy lee house; george weyerhaeuser net worth. 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. Answers to your residential lee county, florida setback requirements well as add services, Bible studies, and the use the! City Hall, Monday-Friday from 8:30am-12:30pm and 1:30pm-4:00pm use which proposes valet parking use! The words `` primarily. is defined as being on the Trafficways Map predominant activity of property... Been established review the Sign Ordinance take out trade use which proposes valet parking ceases the practice after an. 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Basketball rankings espn by white dunce cap mushroom poisonous to dogs II DIVISION 3 10-174..., he has an easement to use valet parking either by land or... Apply for a Special Exception other regulations may or lee county, florida setback requirements not indicate otherwise however - concerning! Situation would likely occur only for lots which are created by deed between January 28,,! Weyerhaeuser net worth, lee ceunty po the use of valet parking the! Not require parking spaces, is that the same lot or abutting in. 34-2022 concerning OffStreet parking Requirements facility has a lee county, florida setback requirements attendant to direct cars to parking spaces for exclusive.
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