perform an average rear/front setback for your neighbor. Except as provided in sections 34-1175 and 34-1176, all accessory residential buildings and structures must be set back a minimum of five feet from any rear property line and may not be closer to a side property line than the minimum required side setback for the district in which the property is located, or ten feet, whichever is less. 239-274-2201 Mailing Address. SECTION 34-622 Use activity groups General Questions - not section specific. Since parking lots are accessory to a principal use, does this mean that no parking lots are permissible in front of the principal building? 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. 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. Answer:No. The leadin paragraph and resultant list provides for the intent. Question 2: (I-XVIII)Section 34-935 requires different setbacks when adjacent to compatible or incompatible development. However, RV1 and RV2 allow a 12 inch encroachment. 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. SECTION 34-412 Deviations from general zoning regulationsQuestion: (I-XVIII)Sections 34-412(a) and (b) indicate that in the process of obtaining Planned Development Approval, deviations from the Zoning Ordinance or any other land development regulation or code may be permitted under certain conditions. Other federal, state or local regulations: If above regulations exist which would prohibit reconstruction or limit reconstruction, these provisions would have to be reviewed. In essence, with the exceptions provided for singlefamily residences and mobile homes, any nonconforming structure can be replaced exactly as it was (in relationship to the particular requirement which made it a nonconforming structure) but all other provisions must be adhered to, such as parking, buffering, height, bulk or other dimensional requirements. 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. Answer:No. No. fire setbacks for solar florida. 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. Mixing of public parking and valet parking could create chaos if the public were to block another vehicle. In addition, Planned Developments can also request deviations. Answer:Section 34-2478 refers you to Sections 34-2011 - 34-2022 concerning OffStreet Parking Requirements. The church would provide religious services, Bible studies, and the use of church facilities for "events" taking place. 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: (I-XVIII)There is no lot depth listed for the MHC1 & MHC2 districts. Answer:Yes. Do we consider IDD canal rightofway or easements to be compatible or incompatible? Permits issued by Charlotte County are required for all work done in county right-of-ways and easements, or use thereof for access including but not limited to: . Answer:No. . SUBDIVISION III Multiple-Family Districts SECTION 34-714 Use regulations tableQuestion 1: (I-XVIII)If a proposed multifamily residential development within an RM District (which permits existing marinas only) includes an appurtenant docking area for use of the residents and guests only, but does not include fuel docks, ship's store or other commercial uses, does the docking area fall within the definition of marina? Answer:Yes. (3) A "Place of Worship" is permitted "existing only". This type pump should not be confused with "selfservice fuel pumps" which are available to the general public. Therefore, in order to remove the material off premises, you must comply with Section 34-1651(a)(1) and Art VII Div 15 Sub II. SECTION 34-622(c)(13) Essential Service FacilitiesQuestion 1: (I-XVIII)A sewage treatment plant owner wishes to sprayirrigate the effluent onto adjacent property. 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? The Board of County Commissioners may allow deviations. 4. 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. 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. Was this an oversight? They do not meet the definition of a restaurant as there is no provision for food consumption on the premises. Answer:This depends on the type of operation. 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). If a parking facility has a parking attendant to direct cars to parking spaces, is that the same as valet parking? These uses would not account for the principal dollars with the primary use being the nursery. However, the most appropriate district would appear to be CR, Rural Commercial district, if the uses above would not be considered ancillary. Prefabricated metal buildings are listed in Section 34-622(c)(14) Fabricated Metal Products/Manufacturing Group III. Answer:No, provided that the "Day Care Center" is sponsored by a church/synagogue within its own structure(s). Does this mean that a "plant nursery" must be shielded? Answer:Where a lot is split by two or more zoning districts, the property development regulations for the largest proportional district shall prevail. ARTICLE VII DIVISION 12 DENSITYSUBDIVISION II. @leecountyflbocc
Sarasota Seminole Sumter Suwannee Taylor Union Volusia Wakulla Question: (I-XVIII)Under the definition of a marina, can a seaplane be docked or moored at a marina? 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? Answer:No. Economic Development. Building Plans: Contact the Lee County Zoning Office, 112 E Second St, Dixon, IL 61021 (815) 288-3643, to obtain the Building Permit application. Following is a republication of those Zoning Ordinance and Development Standards Ordinance annotations (Groups I-XXIX) which are still valid. 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:Compatible or incompatible to what? Lee County Setback Requirements Effervescible and degradable Winford never pack his Schleswig! Except as provided in sections 34-1175 and 34-1176, all accessory residential buildings and structures must be set back a minimum of five feet from any rear property line and may not be closer to a side property line than the minimum required side setback for the district in which the property is located, or ten feet, whichever is less. 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.] 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." We specialize in installing and repairing vinyl, aluminum, wood, and chain-link fences. The permit center provides some sample plans for commonly built private buildings. (a) Side yard setbacks in residential areas shall be a minimum of 5 feet from the property line, unless a zero-lot line is proposed. HOURS Planning & Zoning is open Monday through Friday from 8 a.m. to 4 p.m. for walk-in service. 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. 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.". give the unit size? SECTION 34-2016 Dimensional requirements; delineation of parking spacesQuestion: (I-XVIII)Sections 34-2016(2)a.2. and b.1. 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.". Some manufacturing would be a recognized ancillary function provided the establishment remains primarily a research and development laboratory. Gov. Also, Section 34-1955(c) allows for sales to be conducted in a main sales office located on or off the premises. This chapter shall apply to the unincorporated areas of the county. Dyson overbuilt her Briggs antiseptically, she rephrased it pushing. Answer:Hunting is an unregulated (by this Code) use of land which is not prohibited in the EC District. Question: (I-XVIII)In the CI (Intensive Commercial) district MiniWarehouses are a permitted use. Does "sewer" include septic tanks? Answer:Fuel pumps do not require parking spaces. ARTICLE VI DIVISION 2 AGRICULTURAL DISTRICTS SECTION 34-653 Use regulations tableQuestion: (XXI)Agricultural districts permit nurseries as a permitted use in all AG zones. All activities must be setback a min. 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. 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. 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. It was included only in the IPD district. SECTION 34-2020 Required spacesQuestion 1: (I-XVIII)Both Sections 34-2020(2)j. and 34-2020(3)c. list Contractors and Builders. In no case may satellite earth stations be placed closer to a right-of-way or street easement than the principal building. If the property fronts on a sea walled body of water, can the seawall act as the barrier to prevent unauthorized access to the pool? StreetSetbacks on a local (public) street, the minimum is 25 feet. In that case, refer to the definition of "Water, Body of" and you will see it includes both artificial and natural. Section 34-2018(a) specifically states that if not part of a planned development, then a special exception is required. Setbacks SECTION 34-2192 Street setbacksQuestion 1: (I-XVIII)Subsection 34-2192(a) contains a table of setbacks from various street classifications. Do tax records, tag registrations, etc. LAND DEVELOPMENT CODE LEE COUNTY, FLORIDA Codified through Ordinance No. Answer:The definition of open space lists a wide variety of uses which can be counted as "open space." 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:The most similar use group would be Section 34-622(c)(55) Vehicle and Equipment Dealers. Question:Would offstreet parking requirements be applicable to subordinate uses for Hotels/Motels, MultiFamily Buildings, Social Services Groups IIIIV, Health Care FacilitiesGroups I, II and IV, Cultural Facilities, and office complexes containing 50,000 square feet or more of floor area on the same premises? Question: (I-XVIII)How would "Montessori Schools" be classified and where are they permitted? A guesthouse is not a customary accessory use for purposes of this Ordinance. 00 fair market value Satellite Dish Antennas - Residential 1 meter or less in diameter. Under Florida Law, email addresses are public records. 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. 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. Answer:No. Mail - Lee County Property Appraiser, P.O. Although the AG districts do permit "nurseries" by right, they do not permit "Lawn and Garden Supply Stores except by Special Exception." A residence should always be required to comply with setbacks for principal buildings. Which regulation is correct? Bureau of Environmental Health, Water Programs. They have been revised to reference the Land Development Code. Answer:Yes. Section 34-1651(a)(2) permits the removal of excess material excavated for the construction of roads, drainage ways, buildings, underground utilities of similar activities. Even if the barn is the only building, it is an accessory building subordinate to the principal use agriculture. Consequently, manufactured homes may be displayed in any district permitting "Dwelling Unit, Conventional Single Family Residence", provided that models are permissible. Therefore, to determine answers to your questions you need to review the Sign Ordinance. 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 Those lots which were created during the dates set forth above will not be required to obtain a lot split approval. Salt destruction or termites fall under the classification of normal war and tear. If sales is the primary emphasis, Section "34-622(c)(55) VEHICLE AND EQUIPMENT DEALERS" is the appropriate main category. The wording in Section 34-1204(b) states "from any district which allows residential uses." Not all building is prohibited in the required open spaces. This group includes the most potentially obnoxious industrial uses. The definition of marina refers to the term "boats." 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? (Ord. 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. Land Development CodeSupplement 21Online content updated on May 10, 2022. Section 34-1171 says that the locational regulations of 34-1174 apply only if not addressed elsewhere in the Ordinance. Answer:No. SECTION 34-616 Rules for interpretation of district boundariesQuestion:How would the development regulations apply, in instances where a lot is split by two or more zoning districts? How is the prorating to be accomplished? 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