perform an average rear/front setback for your neighbor. 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. Therefore, attendant parking is not the Same as Valet Parking.
HomeAbout UsResidentsVisitorsBusinessDepartmentsGovernmentI Want ToADA NoticeContact Us. Answer:This question is too broad for a simple answer. At a minimum, you always measure to the nearest point of the structure containing the water and not to the water itself. To allow construction of higher fences from the minimum street setback back to the rear lot line for privacy. 850-487-0864. 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. This type pump should not be confused with "selfservice fuel pumps" which are available to the general public. 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. In the Board's discussion prior to amending Section 34-1741 - 34-1750, it was clear that the use of the term "open mesh screen" as it applied to fences meant openlink or chainlink fencing which would provide a clear, unobstructed view.Question 2: (I-XVIII)Can "openmesh screen" be interpreted to include a lattice work of wood or other material? Setback requirements for main buildings are different from setbacks for detached accessory structures. Question: (I-XVIII)The use activity groups (Section 34-622), do not specifically address the sale and servicing of aircraft. A church would like to provide RV facilities on their property for use of the church members. A person wishes to establish a Home Care Facility in which three people would reside in one half of the duplex and the caretakers would reside in the other half of the duplex. of 25 feet inside riparian lines. ARTICLE IV DIVISION 3 DESIGN STANDARDS
ARTICLE VII DIVISION 37 SUBORDINATE AND TEMPORARY USES SECTION 34-3021 Subordinate usesBackground: (XXVI)Art VII Div 37 Sub I refers, in section 34-3021, to uses that may be permitted by right or Special Exception provided said uses are clearly subordinate to a permitted principal use and are in compliance with the regulations set forth in Section 34-3021. 2.) If the deck is part of the pool, you measure to the deck. These establishments primarily sell products, purchased from others, but may sell some plants which they grow themselves. Parcels not within a subdivision can be described using the Public Land Survey System ( PLSS - Public Land Survey System ). @leecountyflbocc
Question: (I-XVIII)How would "Montessori Schools" be classified and where are they permitted? This section only applies to high voltage transformers or utilities or equipment which may pose a direct hazard to residents or passersby. 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." Answer:No. Suite 301 812 E. James Lee Blvd.\rShalimar , FL 32579 . A canal in most instances could be compatible to almost any use. Answer:No. 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. If strictly an office without a fleet of vehicles, use Section 34-2020(2)j. 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. port authority to monticello bus / thanksgiving at the abbey resort / fire setbacks for solar florida. Where manufacturing is not involved, the sale of the manufactured houses would be the same for conventional buildings subject to the regulations for model homes and model unit display centers. 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, Answer:Yes. 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. Salt destruction or termites fall under the classification of normal war and tear. 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? The emphasis is on
This includes landing/unloading docks for boats as well as fuel pumps, icehouses, necessary conveyer belts, boat lifts, and similar boat service facilities. Navigate. Isn't this an inconsistency? Lot 104 typed as Lot 140), or omitting a Block, Unit, or Building number. Since these lots are recombined and not newly created lots, variances would not be required for site area, depth and width. However, actual drainage canals such as the I.D.D. This term is listed as by right or by Special Exception in the district use regulations. Gross density allows calculation of roads used for residential purposes, but does not include lands used for commercial, office, and industrial uses. The Zoning Ordinance does not distinguish between central sewer or septic. Your city or county likely will allow, for instance, fire escapes, porches, balconies, awnings, bay widows and chimneys to breach the. The intent of the setback requirements is in addressing unprotected banks. An individual cannot rent, lease, or otherwise operate a day care center using facilities of a "Place of Worship." Answer:Any school which meets the requirements of Chapter 232, F.S. Quick Links. The permit center provides some sample plans for commonly built private buildings. 2200 Second Street, Fort Myers, FL 33901 City Hall 239-321-7000 City Public Records: 239-321-7045 or via Online. However, in the current regulations the provision was omitted. 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? give the unit size? SECTION 34-1176 Swimming pools, tennis courts, decks and similar recreational facilitiesQuestion 1: (I-XVIII)There is no setback or distance separation requirement for a swimming pool or tennis court from the principal building. SECTION 34-622 Use activity groups General Questions - not section specific.
Subsection (3) says "when the use of a building is changed to a different conforming use which is required to have more parking than is presently provided, the
appearance along the roadway, the following minimum setbacks for buildings, structures, parking lots and drives have been established. Answer:No. 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). from the principal building. In any case, where there is a question as to whether the special exception is unnecessary, an administrative interpretation should be sought. Answer:No. 110 (Brenda Merriman). However, models and model unit display centers (Sections 34-1951 - 34-1955) only permits display or model units which would be permitted within the particular zoning district. Answer:Fuel pumps do not require parking spaces. In which zoning district(s) would this type of use be permitted? Mail - Lee County Property Appraiser, P.O. 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. 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)
The RV1, RV2 and RV3 districts all require a 10foot separation between units. A magnifying glass. Call us today at (239) 878-2579for more information! 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. Do tax records, tag registrations, etc. Answer:No. 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. 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? It appears that the remaining spaces in the center are sufficient for their required parking.Question 1: (I-XVIII)Is this arrangement considered joint parking? 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? Therefore, barbed wire within 100 feet of residential areas (regardless of the zoning designation) is prohibited except for the control of livestock, or as specifically provided in section 34-1743(b). 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? 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. Written by on 27 febrero, 2023. 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.". Delhi Development Authority (DDA) setback requirements for residential constructions are shown below, dependent on plot size. 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)? Answer:In reviewing the use activity groups it would appear that two options are available, depending on the primary emphasis of activity. 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). Question 1: (XXII)Recently, for security purposes, there has been an interest in allowing fences around developments (such as Mobile Home Parks) to include 2 or 3 strands of barbed wire atop a 67 foot high fence. If the power company owns the underlying fee and not the developer, then it could not be counted. Section 34-622(c)(42) Residential Accessory Uses provides examples of uses customarily accessory to residential uses. Answer:
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? The buildable area of this 50 x 80 foot lot is 30 feet wide by 30 feet deep. 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. 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? 22-07, adopted March 1, 2022. Does "sewer" include septic tanks? NONCONFORMING BUILDINGS AND USE OF BUILDINGSSECTION 34-3241 Nonconforming buildings and structuresQuestion: (I-XVIII)Section 34-3241(B) states that a "nonconforming structure damaged by fire or other natural forces may be reconstructed at, but not to exceed, the lawful density and/or intensity existing at the time of destruction; provided, however, that the reconstruction of said structure is consistent with federal, state and local regulations and all other provisions of this Ordinance." What is my property is zoned as? Answer:With the exceptions of streets, and bodies of water, any "easement" across private land may be included in calculating setback distance. Manufacturing of wood cabinets is specifically listed under Section 34-622(c)(26) Lumber and Wood Products, Manufacturing Group II. Answer:The setback required would be the same as for a local street. Answer:No. 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. 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. The ordinance would permit use of the dwelling to conduct the administration of a business provided there are not employees working in the dwelling that are not residents thereof. If sales is the primary emphasis, Section "34-622(c)(55) VEHICLE AND EQUIPMENT DEALERS" is the appropriate main category. Question 2: (I-XVIII)Can recreational vehicles be placed in the MHC-1, MHC-2, MH1, MH2, MH3 or MH4 zoning district? SECTION 34-736 Property development regulations table
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. 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. Fuel pumps which are solely for the use of private establishments and their vehicles are considered an accessory use. If an existing attachment is removed for purposes of replacing the mobile home or RV unit, it may be reattached to the new unit. 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. A "Place of Worship" is permitted "existing only". Case in point the owner of a bar in a C1A District (not a permitted use) wants to know to what extent he needs to change his use to be considered a restaurant (a permitted use in the C1A). Kathy Hochul's administration appealed Neri's ruling on the lawsuit, which was filed by several health workers who cited, in part, religious objections to receiving the shot. (1) Any public drainage and utility easement. Question: (I-XVIII)In the CI (Intensive Commercial) district MiniWarehouses are a permitted use. Answer:Yes. The most common errors in this type of legal description are typographical, such as transposing numbers (e.g. Was this an oversight or can the lot depth vary, so long as the total lot area is met? No recreational vehicles including Park Models are permitted in the MHC-1, MHC-2, MH1, MH3 or MH4 districts, and no recreational vehicle except Park Models are permitted in the MH2 district. 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? Fire Department. 3. 7. Find Us On Social Media:
AskEH@flhealth.gov. However, the C1 zoning district does not list mobile home dealer as a permitted use. 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? 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. Or passersby but may sell some plants which they grow themselves the is! Is too broad for a local street of legal description are typographical, such as numbers... 80 foot lot is 30 feet wide by 30 feet wide by 30 feet wide by 30 deep! ) residential accessory uses provides examples of uses customarily accessory to residential uses Development authority DDA... 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