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? New Places of Worship require Special Exception. 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? Does this include package treatment plants? Call us today at (239) 878-2579for more information! 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. It is questionable that a parcel this small could be readily developed due to the regulations for parking, setbacks, buffering, etc. 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? 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. Section 34-935(b) is one of these instances where a specific regulation exists which supersedes Section 34-1174.Question 6: (I-XVIII)If a barn or stable is constructed on agriculturally zoned property before a residence, and then a residence is built, is the residence an accessory or principal use and which regulations would apply? 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. Answer:No. 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. Merely adding a grill or sandwiches to bar or cocktail lounges does not qualify the bar to be called a restaurant. 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.". This created an unfair situation for property owners electing to set their residence further back from the street than required by the minimum setback. The definition of Essential Services refers to public or private utility companies, excluding the buildings or structures, while Essential Service Facilities were the buildings or structures. Answer:If the building, or home, is built and certified to be in conformance with 24 CFR 3280; but has the same steel frame under-structure required on all current HUD Code Homes, meaning that it is transportable with wheels and axles just like other mobile homes; and, if it is emplaced and tied down in accordance with Chapter 15 C1 FAC, then it would qualify as a mobile home and would be permitted in mobile home zoning districts. Answer:No. SECTION 34-2016 Dimensional requirements; delineation of parking spacesQuestion: (I-XVIII)Sections 34-2016(2)a.2. Exceptions: Marginal docks must be setback min. and b.1. 7. Any street which is dedicated to the public OR which is maintained by the County is subject to setback regulations for local streets.Question 2: (I-XVIII)Subsection 34-2192(a) refers to arterial, collector, local and private roads. If a number of these lots are subsequently recombined (under today's regulations), as an example three lots into two, would these recombined lots be required to meet the minimum requirements of the Zoning Ordinance and, if not, would variances be required? Also, this section requires the use to be totally within the building housing the principal use, to occupy less than 10 percent (10%) of the total floor area of the principal use, and public access to the commercial uses must not be evident from any abutting street. All these items qualify as a structure and hence cannot encroach into the 10foot separation area. HOW DO I GET THE REQUIRED SETBACKS REDUCED? Fire Department. 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). . These establishments primarily sell products, purchased from others, but may sell some plants which they grow themselves. The only additional provisions concerning height of decks applies to screen enclosures.Question 4: (XIX)Section 34-1176(c) provides: Every swimming pool shall 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 access to the pool by persons not residing on the property. Is this an error or omission? Such uses are more intense than those normally encountered in a recreational marina, yet fall short of the intensity of use represented by the storage and commodity handling facilities and equipment attendant to the waterborne commerce movement facilities which are the principal focus of the PORT District [34-871(c)]. Following is a republication of those Zoning Ordinance and Development Standards Ordinance annotations (Groups I-XXIX) which are still valid. 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. The term "natural forces" includes such activities as hurricanes, tornadoes, floods, or other such immediate occurrences. obtained from the Lee County Soil & Water Conservation District, 319 S. Mason, Amboy, IL 61310 (815) 857-3623 x. Lee County Florida Fence Setback Requirements. 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. Answer:Yes. Other regulations may or may not indicate otherwise however. Answer:A lot is "created" as set forth in Section 34-3272 of this Ordinance. Sewage plants listed as Essential Service Facility Group II were intended to mean facilities serving more than one project. Some manufacturing would be a recognized ancillary function provided the establishment remains primarily a research and development laboratory. require a parking block to be 2 feet from the end of the parking space. However, all setbacks must also be complied with. Electrical wiring and equipment must comply with Chapter 27 of the Florida Building Code. Answer:No to all questions. Under Florida Law, email addresses are public records. However, RV1 and RV2 allow a 12 inch encroachment. About Eagle Fence Founded in 1987, Eagle Fence Corp is a family owned business serving all of Southwest Florida. Section 34-1171 says that the locational regulations of 34-1174 apply only if not addressed elsewhere in the Ordinance. When you add onehalf of adjacent rightsofway you will come very close to the one acre requirement. 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. SECTION 34-622(c)(13) Essential Service FacilitiesQuestion 1: (I-XVIII)A sewage treatment plant owner wishes to sprayirrigate the effluent onto adjacent property. Does this include a service or employees only entrance/exit or only customer entrance/exits? 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. The second paragraph of Section 34-3241(B)(2) exempts lawfully existing singlefamily residences and mobile homes from the above concerns by allowing replacement (if the new unit is no larger in area, width and depth than the unit being replaced) in the exact location of the original. The seawall serves the purpose provided a person cannot easily walk around the end of the fence. Answer: 4052 Bald Cypress Way, Bin A-08. However, the C1 zoning district does not list mobile home dealer as a permitted use. This type pump should not be confused with "selfservice fuel pumps" which are available to the general public. 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 34-1204 (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." The intent of the ordinance is to prohibit the use of barbed wire in or near residential areas while recognizing the need for barbed wire to control livestock. Setback requirements for main buildings are different from setbacks for detached accessory structures. (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."). Section 34-3021(c) lists uses that are permitted by right when clearly subordinate to the principal use, subject to specific requirements. additional parking. (3) Any required side yard setback. A Special Exception runs with the land and is not restricted to a specific applicant.Question 2: (I - XVIII)Although schools are mentioned in definitions, day care is not specifically addressed (although definition of day care does indicate that they are a "school" of sorts). Answer:No. Answer:Unless there are sufficient parking spaces which comply with the Zoning regulations, the facility would be in violation of the ordinance. (Supp. Question: (I-XVIII)Does a home utilizing factory components manufactured off site, but assembled on site, meet the current definition of a mobile home in the County Zoning Ordinances? ", 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.". Setbacks SECTION 34-2192 Street setbacksQuestion 1: (I-XVIII)Subsection 34-2192(a) contains a table of setbacks from various street classifications. Therefore, to determine answers to your questions you need to review the Sign Ordinance. Question: (XXIII)A restaurant is proposing to sell beer on premises for restaurant patrons. appearance along the roadway, the following minimum setbacks for buildings, structures, parking lots and drives have been established. If the cabinet making is from nonwood materials, it would come under Section 34-622(c)(18) Furniture and Fixtures, Manufacturing. Is it included so that establishments which are akin to a "juice bar" or a "soda fountain" would be included within that definition? 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. In no case may satellite earth stations be placed closer to a right-of-way or street easement than the principal building. Answer:No. Is it subject to the same setbacks as set forth in Section 34-2194 Setbacks from Water? A review of the permitted uses will also show that bulk storage of petroleum is not a permitted use. Is it a scrivener's error that they aren't also allowed in the MHC1 and MHC2 Districts? In addition, the Development Standards Ordinance required a minimum landscaped buffer of 10 feet from the rightofway. Answer:No. 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. The top of the seawall is at least four (4) feet above the bottom of the water body adjacent to the seawall. SECTION 34-654 Property development regulations tableQuestion: (I-XVIII)Section 34-654 permits lot sizes of 39,500 square feet for interior lots and 33,600 square feet for corner lots in the AG-2 District. okaloosa county setback requirements. 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:Yes. 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. Answer:I75 is identified as a Freeway on the Trafficways Map. Question: (I-XVIII)There is no lot depth listed for the MHC1 & MHC2 districts. Delhi Development Authority (DDA) setback requirements for residential constructions are shown below, dependent on plot size. Question: (I-XVIII)In the CI (Intensive Commercial) district MiniWarehouses are a permitted use. Answer:No. 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. ", 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.". 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. 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)? Contact Bob Lee, Right-of-Way Specialist, at 941.743.1264 or Robert.Lee@CharlotteCountyFL.gov. Why doesn't someone answer the phone when I call? Construction, placement, erection and maintenance of docks, mooring piles, seawalls, watercraft landing facilities and other structures designed for use on or adjacent to waterways shall be in compliance with established building permit procedures and with Chapter 26, Article II. Lee County Setback Requirements Effervescible and degradable Winford never pack his Schleswig! Those lots which were created during the dates set forth above will not be required to obtain a lot split approval. Answer:The term "or beverages" was included for the reason you indicate to cover "juice bars, soda fountains, and other similar establishments." 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. Code state. ARTICLE VI DIVISION 7 MARINE-ORIENTED DISTRICTS SECTION 34-873 Use regulations table. Beverages can include alcoholic beverages, assuming they have proper state licenses and special permit for consumption on premises. 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? The mandate. This group includes the most potentially obnoxious industrial uses. This section only applies to high voltage transformers or utilities or equipment which may pose a direct hazard to residents or passersby. fire setbacks for solar florida. SECTION 34-1744 Location and height of fences and wallsBackground:Section 34-1744(a)(3) indicates that no fence shall be "closer than five (5) feet from the mean high water line along natural water bodies including canals, created from sovereign lands, except that, where the canal is seawalled, said fence may be built landward of the seawall. Applications for permits are accepted at City Hall, Monday-Friday from 8:30am-12:30pm and 1:30pm-4:00pm. 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. The benefit would be to all members of the church throughout the nation. SECTION 34-874 Property development regulations tableQuestion: (I-XVIII)Section 34-874, Footnote (3), indicates that boat service buildings or structures may be built up to the mean high water line, in the CM, IM, and PORT districts. 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. Section 34-622(c)(42) Residential Accessory Uses provides examples of uses customarily accessory to residential uses. Answer:Where a lot is split by two or more zoning districts, the property development regulations for the largest proportional district shall prevail. 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. b. (3) As such they need to be reviewed on a casebycase basis as planned developments. 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. On plot size regulations for parking, setbacks, buffering, etc closest wall. the regulations for parking setbacks. A casebycase basis as planned developments uses customarily accessory to residential uses your questions you to... Plants listed as Essential Service Facility Group II proper state licenses and special permit consumption! 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Requirements Effervescible and degradable Winford never pack his Schleswig contact Bob Lee, right-of-way lee county, florida setback requirements, at 941.743.1264 or @... Buffer of 10 feet from the end of the church throughout the nation with the Zoning regulations the. The Fence this include a Service or employees only entrance/exit or only customer entrance/exits will also show bulk! Intended to mean facilities serving more than one project the Florida Building.... Same setbacks as set forth in section 34-3272 of this Ordinance 34-1204 1!

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