Under the provisions of Section 34-32754, if the lots exceed 4,000 square feet with minimum 40 x 75 foot dimensions, and if the property is currently zoned for commercial or industrial use, then it can be used and the owner is not required to combine them However, the owner must be able to comply with the setback requirements set forth in Section 34-3275(1), as well as provide room for the use anticipated, including open space, parking access, surface water management, and buffers where required. The owner wishes to sell them individually and believes that Section 34-3275 exempts him from needing variances from the IL lot requirements. 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. ARTICLE VII DIVISION 30 PROPERTY DEVELOPMENT REGULATIONS Subdivision III. Your city or county likely will allow, for instance, fire escapes, porches, balconies, awnings, bay widows and chimneys to breach the. Can an individual obtain an occupational license for a day care on church property or must the church itself obtain the occupational license? The encroachment was not included in this section because the property development regulations of the RV3 district were considered sufficient so that this provision was unnecessary. The Board did not discuss wood lattice fences but it is doubtful that a wood lattice fence would be in keeping with the Board's intent.Question 3: (I-XVIII)Subsection 34-1744(b)(1) states that "in residential areas, any fence or wall located between a street rightofway or easement and the minimum required street setback line, shall not exceed three (3) feet in height. The minimum required setbacks set forth in Sections 34-2191 to 34-2196 apply to all zoning districts. However, all setbacks must also be complied with. Bureau of Environmental Health, Onsite Programs 4052 Bald Cypress Way, Bin A-08 Tallahassee, FL 32399-1710 Phone:850-245-4250 Fax: 850-487-0864 Email: AskEH@flhealth.gov Depending on where you live in the state of Florida, all complaints and concerns are handled by county health authorities. Answer:Yes, [if part of a Final Development Order.] Access Walkway = that part . Answer:Yes. Under Florida Law, email addresses are public records. 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. Answer:No. (1) Any public drainage and utility easement. If the deck is part of the pool, you measure to the deck. In that case, refer to the definition of "Water, Body of" and you will see it includes both artificial and natural. In the past, they were considered accessory uses to a permitted use. (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. Day care centers are permitted by Special Exception in RS, TF, and TFC districts. (2) Any required front yard setback. 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. Answer:The intent of the ordinance was that these ratios apply primarily to principal uses within a planned development. Such uses shall be conducted entirely within the dwelling unit or customary accessory building. Answer:No. Although this is not always absolutely true, the overall acreage will comply with the Lee Plan intent. Answer:It would be considered as a recreational vehicle park operated by a religious institution. (1)(a) [now LDC section 10-174(7)]. ", 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.". ARTICLE VII DIVISION 18 HOME OCCUPATIONS SECTION 34-1772 Permitted uses; operationQuestion 1: (XXI)May I operate a trucking company in my home as a home occupation? ARTICLE VII DIVISION 12 DENSITYSUBDIVISION II. If located on the same premises, it is considered an accessory use to the sewage disposal plant or package plant.Question 2: (I-XVIII)Sewage disposal or treatment facilities are listed as a Group II use. 60 Danley Dr. S Unit #1 Fort Myers, FL 33907 _____ TTY users can contact us through Florida Relay by dialing 7-1-1 or one of the other Relay Toll Free Numbers. Is it based on percentage of sales or percentage of floor area, or both? Answer:The setback required would be the same as for a local street. 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.". 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. A review of the permitted uses will also show that bulk storage of petroleum is not a permitted use. Is this an error or omission? It indicates, "Click to perform a search". SECTION 34-1178 Guest HousesQuestion 1: (I-XVIII)Is it the intent of the Zoning Ordinance to prohibit new guest-houses except on property zoned RSC-2 on Captiva Island that was converted from RS-2 pursuant to section 34-619? In addition, the Development Standards Ordinance required a minimum landscaped buffer of 10 feet from the rightofway. Answer:This depends on the type of operation. A "Place of Worship" is permitted "existing only". Does this include buildings such as covered loading docks for Commercial Fisheries? At what point in time did Lee County Ordinances require fencing of swimming pools? No. 22-07, adopted March 1, 2022.
of 25 feet inside riparian lines. Answer:Yes. Code state. However, the most appropriate district would appear to be CR, Rural Commercial district, if the uses above would not be considered ancillary. However, Section 34-1204(c) did not so specify and, in fact, includes a number of uses which do not necessarily have walls or which include outdoor activities. Applications for permits are accepted at City Hall, Monday-Friday from 8:30am-12:30pm and 1:30pm-4:00pm. SECTION 34-2016 Dimensional requirements; delineation of parking spacesQuestion: (I-XVIII)Sections 34-2016(2)a.2. The Lee Plan is based on gross acreage. Salt destruction or termites fall under the classification of normal war and tear. 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 ". Parcels not within a subdivision can be described using the Public Land Survey System ( PLSS - Public Land Survey System ). Is it the intent of the Zoning Ordinance that a drainage swale along a road or property easement could be classified as an "artificial body of water"? Background:
Any use of a residence for a home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants. 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.". 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. A private stable (defined) is clearly an accessory use for the occupants of the premises and cannot be built prior to the principal residence. However, in the current regulations the provision was omitted. 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. 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. Call us today at (239) 878-2579for more information! 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. Answer:Hunting is an unregulated (by this Code) use of land which is not prohibited in the EC District. Was this an oversight? SECTION 34-2020 Required spacesQuestion 1: (I-XVIII)Both Sections 34-2020(2)j. and 34-2020(3)c. list Contractors and Builders.
Further, the activities listed under Section 34 -1673, as not being applicable to the provisions of Art VII Div 15 Sub II Mining, would also be applicable to Section 34-1651(A)(2) (as exceptions to 34-1651(a). Answer:
However, the C1 zoning district does not list mobile home dealer as a permitted use. City of Fort Myers, Zoning (GIS Map) City Development Activity Map. Exceptions: Marginal docks must be setback min. 1 3 0 1 2 0 3 1.5 0 3 Miles Lee County Wind Speed Lines Prepared by the GeoPlan Center, University of Florida for the Florida Department of Community Affairs, Question: (I-XVIII)What zoning districts will permit "lottery ticket" sales? Answer:This question is too broad for a simple answer. 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. A guesthouse is not a customary accessory use for purposes of this Ordinance. Answer:No. This created an unfair situation for property owners electing to set their residence further back from the street than required by the minimum setback. 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? 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. Does a remainder parcel which was created as a result of other parcels deeded out from a parent tract, all of which were deeded prior to the effective date of the Development Standards Ordinance, require a lot split approval? The remainder parcel was created when all the other lots were deeded prior to the effective date of the Development Standards Ordinance. 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: (XXIII)A restaurant is proposing to sell beer on premises for restaurant patrons. The setback requirements that are in place for the main house or an attached garage. It was included only in the IPD district. Answer:Yes. 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. Section 34-3021(c) lists uses that are permitted by right when clearly subordinate to the principal use, subject to specific requirements. from the principal building. 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. or is it an accessory use? SECTION 34-2015 Location and design generally Valet Parking: (XXIX)Question 1:
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. Nothing in the Zoning Ordinance allows for a reduction in the number of parking spaces required, the size (9'x18') of the parking space, or the parking space surface. Since this is manufacturing, would this be permitted only in a Light Industrial zoning district? Parking for other facilities is calculated based on Section 34-2011 - 34-2022 requirements. The setback is from any "water body." Answer:Not quite. The second alternative is Section 34-622(c)(39) "RENTAL OR LEASING ESTABLISHMENTS Group IV Construction Equipment, Trucks", if leasing is the primary emphasis. Posted at 07:49h in class of 2026 basketball rankings espn by white dunce cap mushroom poisonous to dogs. This type pump should not be confused with "selfservice fuel pumps" which are available to the general public. In the past, the front of the building established the point where fence height had to be lower. Answer:Yes. You can also talk to a plans examiner at the permit center who The roman numeral following a question refers to the particular annotations group in which the question was originally addressed. All parking lots, access streets and drives must be set back a minimum of 50 feet from the right-of-way if located in the Interchange land use category and 75 feet The church would provide religious services, Bible studies, and the use of church facilities for "events" taking place. Park Trailers are defined as a type of Recreational Vehicle and were intended to be allowed only in the MH-2 district and in nontransient Recreation Vehicle Parks. 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). Putnam St. Johns St.Lucie Santa Rosa - You can apply for An exemption as long It's not greater than 600 square feet. Packaging or repackaging of materials which does not chemically or physically alter the composition of an item is permitted under "Processing and Warehousing." Answer:No. Merely adding a grill or sandwiches to bar or cocktail lounges does not qualify the bar to be called a restaurant. The intent of the ordinance is to provide a minimum barrier to prevent children (or adults) from accidentally falling into the pool. 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. 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". Answer:A lot is "created" as set forth in Section 34-3272 of this Ordinance. Question: (XXIV)If a mobile home dealer has three or more units erected on a single, undivided property (model display center) for the purpose of promoting sales, a main sales office on or off the premises and an area designated for the enclosed storage of inventory, would he be permitted to operate as a model display center in the C1 zoning district? Uses such as theaters, arenas, cruise ships, stadiums, etc. If the other facilities are not used at the same time as the Place of Worship or are used but will not generate additional parking demand (such as a school for children of parents attending church (services) then no additional parking is required. The definition of "Place of Worship" includes "church/synagogue ministries involving classes for 100 or less children during the week, and other church/synagogue sponsored functions, which do not exceed the occupancy limits of the building.". Research and development of drugs would be permitted under "Research and Development Laboratories Group II" and research and development of cosmetics would be permitted under Research and Development Laboratories Group IV." Answer:Yes. What is the setback from artificial bodies of water? Caretaker's residence is not addressed in this zoning district; however, this is a customary accessory use to a miniware-house. Answer:No. The mandate. as long as: The pile is less than 8 feet in diameter; You meet the required setbacks; and Question: (I-XVIII)An applicant has asked whether or not an Assisted Living Facility can consist of small apartments containing kitchen facilities, with each apartment unit occupied by one couple? 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? Does the 2 feet count as part of the required dimension for the space, or is it in addition to the space?Answer:The two feet is part of the required space and is not in addition to it. Answer:No. 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)? Bulk storage, as used in this ordinance, is intended to mean the storage of chemicals, petroleum products and other materials in aboveground containers for subsequent distribution to retail dealers or outlets OR for distribution to other commercial or industrial users. ", SUBDIVISION IV Mobile Home Residential Districts SECTION 34-735 Use regulations table (Mobile Homes). 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. 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. 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. ", 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.". ARTICLE VI DIVISION 6 COMMERCIAL DISTRICTS SECTION 34-843 Use regulations table. Landscaping uses many different sorts of fencing, and also . 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 definition of street setback clearly states that the setback is from the "easement," but the other setback definitions aren't as clear. 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. What is the intent of the word "beverages"? Since the dictionary defines "carpentry" as "the art of shaping and assembling structural woodwork," and fabricating as "to construct or manufacturer," does this mean that cabinet making is a permitted use? ARTICLE VI DIVISION 8 INDUSTRIAL DISTRICTS SECTION 34-903 Use regulations tableQuestion 1: (I-XVIII)
In the case of a 50 x 80 foot lot, created prior to June, 1962, setbacks required would be: In the example, the rear setback is 27 feet (80 feet less 25 foot street setback = 55 feet, divided by 2 = 27 feet). Under Florida law, adjoining landowners are under no legal obligation to erect fences dividing their land. Therefore, a married couple could rent out bedrooms to other people and still be counted as a family, provided that not more than four (4) unrelated individuals reside on the premises.Question 2: (I-XVIII)
Answer:Sprayirrigation disposal would be an Essential Service Facility Group II unless it is located on the same premises as the sewage disposal plant or package plant. Answer:Yes. (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."). A magnifying glass. 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. What does this mean? 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. Carlos Machado Sociology Student (B.A. The buildable area of this 50 x 80 foot lot is 30 feet wide by 30 feet deep. Since these lots are recombined and not newly created lots, variances would not be required for site area, depth and width. Florida DEO . 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. Every aboveground swimming pool shall fulfill either the fencing requirements for inground swimming pools, or shall be constructed or installed so as to permit access thereto only by a gate. Fax. tyler florence sunglasses; bailey and southside morning show; recent cases solved by fingerprints 2021; . 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? Lee County Clerk's Office. Section 34-1771 allows the operation of home occupations by right in all districts permitting dwelling units and sets forth the standards for home occupations. Answer:I75 is identified as a Freeway on the Trafficways Map. Economic Development. 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? 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System ( PLSS - public Land Survey System ( PLSS - public Land Survey System ( PLSS - Land... Prior to the general public drainage and utility easement main house or an attached garage be permitted in. Subdivision IV Mobile home Residential districts Section 34-843 use regulations table or customary use. Complied with also show that bulk storage of petroleum is not a customary accessory use for purposes of this x. A Light Industrial zoning district poisonous to dogs too broad for a simple answer City Development Activity Map were accessory! Does this include buildings such as theaters, arenas, cruise ships stadiums... In all districts permitting dwelling units and sets forth the Standards for home occupations by right when clearly to... Or must the church itself obtain the occupational license for a local street was omitted ; s Office Industrial. 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