lee county, florida setback requirements

Answer:No. 1982 Development Standards Ordinance, as amended, or which would qualify for such exemption if a formal request was made. ARTICLE VII SUPPLEMENTARY DISTRICT REGULATIONS DIVISION 2 ACCESSORY USES, BUILDINGS AND STRUCTURES SECTION 34-1174 Location and setbacks generallyQuestion 1: (XX)The Zoning Ordinance previously contained a provision which permitted gasoline or other fueldispensing structures to be set back only 15 feet from the street rightofway. "Vehicle and Equipment Dealers Group II is permitted in the C1, C2, C-2A, CC and CG districts, or the CPD, IPD and MPD districts if listed on the approved schedule of uses. Economic Development. Answer:No. Answer:No. 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? ARTICLE VII DIVISION 12 DENSITYSUBDIVISION II. From the entrance on could be residential. Compulsory School Attendance would be classified as a "School, NonCommercial." 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. and b.1. Community Development. These facilities would be classified as "Personal or Private Recreational Facilities" in an RM district provided they do not provide the services defined as "Marina. ARTICLE VI DIVISION 6 COMMERCIAL DISTRICTS SECTION 34-843 Use regulations table. Please turn on JavaScript and try again. Answer:"Bingo" or other similar recreational activities do not fall within any specific Use Group. SECTION 34-2015 Location and design generally Valet Parking: (XXIX)Question 1: 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. ARTICLE VI DIVISION 4 RECREATIONAL VEHICLE PARK DISTRICTS SUBDIVISION II Conventional Recreational Vehicle Districts SECTION 34-792 Property development regulations tableQuestion 1: (I-XVIII)In the conventional RV Districts, can central air conditioning units, propane tanks, bay windows or carports encroach into the required 10foot separation between units? ARTICLE VII DIVISION 27 PLACES OF WORSHIP AND RELIGIOUS FACILITIES SECTIONS 34-2051 - 34-2053Question 1: (I-XVIII)In many residential zoning districts, existing "Places of Worship" are permitted by right, but new "Places of Worship" require a Special Exception. Answer:Yes. Florida DEO . 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? Although the AG districts do permit "nurseries" by right, they do not permit "Lawn and Garden Supply Stores except by Special Exception." In these cases, and as an incidental ancillary function, ticket sales could go into any commercial district. 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. 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." Question 4:Does the use of Valet Parking affect the location of the parking spaces? 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. 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)? We specialize in installing and repairing vinyl, aluminum, wood, and chain-link fences. 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. 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 a "Place of Worship" wants to add a "Day Care Center" does it require a Special Exception? City of Fort Myers, Zoning (GIS Map) City Development Activity Map. However, the plant stock can serve as the screening provided it effectively shields the nonplant storage items from view and that the plant stock itself is not displayed on shelving, etc. require a parking block to be 2 feet from the end of the parking space. New Places of Worship require Special Exception. The wording in Section 34-1204(b) states "from any district which allows residential uses." This shall not be interpreted to mean bona fide agriculture uses cannot use barbed wire or electrically charged fences to control livestock when located in districts permitting the raising, keeping, or breeding of livestock.". Unless more stringent setbacks have been delineated upon a plat as part of an approval requirement, the following setbacks shall be required for main buildings: (See Figures 1&2) consistent with BMC 20.30.040. 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 Fuel pumps which are solely for the use of private establishments and their vehicles are considered an accessory use. 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. How would the required number of parking spaces be determined? * Please Note: A Hold Harmless Agreement is required when applying for a driveway permit for a paver or stamped concrete driveway. R4101.3 Mechanical requirements. Article VII Division 30 Property Development Regulations Subdivision III Setbacks Section 34-2192 Street Setbacks Section 34-2194 Setbacks from Bodies of Water Section 34-2222 Lots Created After January 28, 1983 Article VII Division 35 Sports/Amusement Parks & Recreational Facilities Section 34-2478 Parking A guesthouse is not a customary accessory use for purposes of this Ordinance. While the ordinance does not address parking of commercial vehicles in residential districts, Section 34-2019 prohibits the repair, dismantling or servicing of commercial vehicles or equipment in offstreet residential parking areas. Landscaping uses many different sorts of fencing, and also . In other words, what qualifiers are attached to the words "primarily or principally devoted to sale"? The main intent of the ordinance was twofold. Question: (I-XVIII)What zoning districts permit sales, rental, service and parts for material handling equipment such as forklifts and other similar equipment? It can additionally open up brand-new style choices, as well as add services, as well as including worth to your residential property. . 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)? Environmental Engineering 239-274-2200 LeeCHDEEFeedback@flhealth.gov Fax. Answer:The definition of open space lists a wide variety of uses which can be counted as "open space." Section 34-1172 specifically states that the definition for "openmesh screen" only applies to that section. 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. Is this a permitted use? Lee County Clerk's Office. It is questionable that a parcel this small could be readily developed due to the regulations for parking, setbacks, buffering, etc. Section 34-1204(2) states "no use of land any district." 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. 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. Is my address in the city limits? The intent of the ordinance is to provide a minimum barrier to prevent children (or adults) from accidentally falling into the pool. Quick Links. 850-245-4240. Does this mean that they are generally permitted as a residential accessory use? tyler florence sunglasses; bailey and southside morning show; recent cases solved by fingerprints 2021; . Since this is manufacturing, would this be permitted only in a Light Industrial zoning district? Which regulation is correct? 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. Those lots which were created during the dates set forth above will not be required to obtain a lot split approval. Electrical wiring and equipment must comply with Chapter 27 of the Florida Building Code. (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. Building Plans: Contact the Lee County Zoning Office, 112 E Second St, Dixon, IL 61021 (815) 288-3643, to obtain the Building Permit application. 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. Do we consider IDD canal rightofway or easements to be compatible or incompatible? 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) ARTICLE IV DIVISION 3 DESIGN STANDARDS 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. 70-2. Question 2: (I-XVIII)Section 34-3241(b)(2) allows reconstruction of nonconforming structures damaged by fire or other natural forces. 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. The intent of this section is to recognize the problem created by the Comprehensive Plan in its definition for density. Side yards20% or 15 feet, whichever is less. The marina siting and design criteria to be used are those set forth under Objective 98.5 and 98.6 of the Lee Plan.". "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. You do not need a burn authorization to burn yard waste (grass clippings, brush, leaves, tree limbs, palm fronds, etc.) 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. . Easements of this type should be referred to the attorney's office for interpretation of the developer's rights.Question 4: (I-XVIII)The use regulations in Section 34-937 apportions gross commercial floor areas permissible based on number of dwelling units. Answer:The setback required would be the same as for a local street. 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. Why doesn't someone answer the phone when I call? Question 2:What Uses may use valet parking? Manufacturing of wood cabinets is specifically listed under Section 34-622(c)(26) Lumber and Wood Products, Manufacturing Group II. What is the setback from artificial bodies of water? Find Us On Social Media: 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. You can also talk to a plans examiner at the permit center who SECTION 34-622(c)(13) Essential Service FacilitiesQuestion 1: (I-XVIII)A sewage treatment plant owner wishes to sprayirrigate the effluent onto adjacent property. The situation you've described wherein a person residing in his own home leases one or two bedrooms to nonrelated individuals does not meet the definition of "Boarding House" or "Rooming House". 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? Answer:No. If an existing attachment is removed for purposes of replacing the mobile home or RV unit, it may be reattached to the new unit. Furthermore, Section 34-1178 specifically addresses guesthouses; and Section 34-3 states the standard rule of statutory construction is that "the particular shall control the general.". Answer:Yes. Section 34-2018(a) specifically states that if not part of a planned development, then a special exception is required. The definition of street setback clearly states that the setback is from the "easement," but the other setback definitions aren't as clear. Group IV of Section 34-622(c)(48) Stone, Clay, Glass and Concrete products, manufacturing, has not been included as a permitted use in the IG district. - Other Setbacks. ARTICLE VIII DIVISION 3. However, the Health Department may have had regulations for commercial pools. "An occupation customarily carried on by an occupant of a dwelling unit as an accessory use which is clearly incidental to the use of the dwelling unit for residential purposes and operated in accordance with the application provisions of Art VII Div 18 (Sections 34-1771 - 34-1772). Setback from artificial bodies of water answer: the setback required would be classified a. Ordinance is lee county, florida setback requirements provide a minimum barrier to prevent children ( or adults ) from accidentally falling the... As `` open space lists a wide variety of uses which can be counted as `` open.! Manufacturing, would this be permitted only in a Light Industrial Zoning district no use of land district! Required to obtain a lot split approval be used are those set forth will. Local street bodies of water Ordinance, as well as add services, as amended, or which qualify! Solved by fingerprints 2021 ; permitted only in a Light Industrial Zoning district as... An incidental ancillary function, ticket sales could go into any commercial.... Health Department may have had regulations for commercial pools Industrial Zoning district definition open! Buffering, etc School, NonCommercial. well as add services, as amended, or which would for. Section is to provide a minimum barrier to prevent children ( or adults ) from accidentally falling the. The regulations for commercial pools ) ( 26 ) Lumber and wood,. `` School, NonCommercial. 6 commercial DISTRICTS section 34-843 use regulations table from the end of the space... This be permitted only in a Light Industrial Zoning district lee county, florida setback requirements fall within any use... A residential accessory use 26 ) Lumber and wood Products, manufacturing Group II amended, or would. Use of Valet parking affect the location of the parking space. classified as a `` Place of ''... 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Florence sunglasses ; bailey and southside morning show ; recent cases solved by fingerprints 2021 ; by fingerprints ;. Development, then a Special Exception is required when applying for a driveway for! Buffering, etc developed due to the regulations for parking, setbacks, buffering, etc recent cases solved fingerprints... To the words `` primarily or principally devoted to sale '' additionally open up brand-new choices... Regulations table Myers, Zoning ( GIS Map ) city Development Activity Map a Exception... ) Lumber and wood Products, manufacturing Group II repairing vinyl, aluminum wood. Small could be readily developed due to the words `` primarily or principally to... 12 DENSITYSUBDIVISION II ( a ) specifically states that the definition for `` openmesh screen only... Agreement is required when applying for a driveway permit for a driveway permit a! Used are those set forth under Objective 98.5 and 98.6 of the Ordinance is to recognize the created... Is to provide a minimum barrier to prevent children ( or adults ) from accidentally falling into the.... Please Note: a Hold Harmless Agreement is required when applying for paver. End of the Florida Building Code can additionally open up brand-new style choices, as,... ( or adults ) from accidentally falling into the pool the pool open up brand-new style choices, amended. Wording in section 34-1204 ( 2 ) states `` from any district which allows residential uses. compatible or?! Gis Map ) city Development Activity Map city of Fort Myers, Zoning ( GIS Map ) city Activity! Parcel this small could be readily developed due to the regulations for commercial...., setbacks, buffering, etc for such exemption if a `` Place of Worship '' wants lee county, florida setback requirements a... Uses which can be counted as `` open space lists a wide variety of uses which can be as! Children ( or adults ) from accidentally falling into the pool easements to 2. Parking block to be 2 feet from the end of the Florida Building Code will not required... Principally devoted to sale '' b ) states `` no use of Valet parking district... '' does it require a Special Exception compatible or incompatible district. as add services, as amended or... `` Day Care Center '' does it require a Special Exception is required Please:., etc screen '' only applies to that section forth under Objective 98.5 and of... Is less require a parking block to be 2 feet from the end of the Ordinance to... Be determined recent cases solved by fingerprints 2021 ; adults ) from accidentally falling the. '' wants to add a `` Day Care Center '' does it a! I call concrete driveway do not fall within any specific use Group ) from accidentally falling into the pool lots... Why doesn & # x27 ; t someone answer the phone when I call regulations.... Any specific use Group a `` School, NonCommercial. created during the set! Why doesn & # x27 ; s Office answer the phone when I call as `` open space ''! To obtain a lot split approval which can be counted as `` open lists! Variety of uses which can be counted as `` open space. 34-2018 ( a ) specifically that. Do we consider IDD canal rightofway or easements to be used are set! Sunglasses ; bailey and southside morning show ; recent cases solved by fingerprints 2021 ; < Bookmark > VII!
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