The second alternative is Section 34-622(c)(39) "RENTAL OR LEASING ESTABLISHMENTS Group IV Construction Equipment, Trucks", if leasing is the primary emphasis. HOURS Planning & Zoning is open Monday through Friday from 8 a.m. to 4 p.m. for walk-in service. csfa league table. 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. Answer:It would be considered as a recreational vehicle park operated by a religious institution. The leadin paragraph and resultant list provides for the intent. Why doesn't someone answer the phone when I call? However, if kitchen facilities are provided within a unit it shall be considered and counted as a dwelling unit and the equivalency factor would not apply. The definition indicates that the caretaker(s) as well as the person(s) being cared for must reside in the same dwelling unit. How would I75 be classified? In this case, the specific would control the general, thereby finding an establishment primarily devoted to sale or service of alcoholic beverages for consumption on premises to be a "Bar or Cocktail Lounge" rather than a restaurant.Question #2: (I-XVIII)When is a bar no longer a bar and classified as a restaurant? Question: (I-XVIII)There is no lot depth listed for the MHC1 & MHC2 districts. It indicates, "Click to perform a search". 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. The remainder parcel was created when all the other lots were deeded prior to the effective date of the Development Standards Ordinance. Since the RV and MH districts do not permit "Conventional Single Family Units", the sale of same would be prohibited. However, if the establishment stores a fleet of trucks, special vehicles, etc., and does not normally generate customer traffic, then you can use Section 34-2020(3)c.Question 2: (I-XVIII)Food preparation and delivery services (i.e., Domino's Pizza) are becoming more common and are not specifically addressed by definition or in the use groups. The intent of the ordinance is to allow stacking of vehicles only where the occupant of a dwelling unit or an employee of a parking facility has the authority to move cars to gain access to cars which have been blocked by other vehicles. This created an unfair situation for property owners electing to set their residence further back from the street than required by the minimum setback. 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. ", SUBDIVISION IV Mobile Home Residential Districts SECTION 34-735 Use regulations table (Mobile Homes). Read More Our Fences Answer:No. Delhi Development Authority (DDA) setback requirements for residential constructions are shown below, dependent on plot size. City of Fort Myers, Zoning (GIS Map) City Development Activity Map. Question: (I-XVIII)What Use Activity Group and what zoning districts allow organizations to conduct "Bingo" activities? or is it an accessory use? Section 34-2018(a) specifically states that if not part of a planned development, then a special exception is required. 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: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." Access Walkway = that part . 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". The lot sizes required in Section 34-654 do not include street rightsofway. Question: (XXI) However, any "establishment devoted primarily to the retailing and onpremises drinking of malt, vinous, or other alcoholic beverages" (definition of Bar or Cocktail Lounge) is not classified as a restaurant and is permitted only in these zoning districts which specify "Bar or Cocktail Lounge." Question 1: (I-XVIII)Sections 34-1263(e) and 34-1264(b)(1)a. require the 500 foot setback to be measured from any public entrance or exit of the establishment. 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.". However, they must be located so as to not interfere with required parking spaces, aisles, or driveways. This group includes the most potentially obnoxious industrial uses. Answer:No. Carlos Machado Sociology Student (B.A. Section 34-3021(c) lists uses that are permitted by right when clearly subordinate to the principal use, subject to specific requirements. Answer:Yes.Question 2: (I-XVIII)Guesthouses are defined as accessory buildings. 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? The IM Marine Industrial District is not intended for this type of use, as set forth in Section 34-871(b) Purpose and Intent which states: "To permit the designation of suitable locations for and to insure the proper development and use of land and adjacent waters for commercial and industrial waterfront dependent land uses. Answer:Yes. If a "Place of Worship" wants to add a "Day Care Center" does it require a Special Exception? 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? Question: (I-XVIII)How would "Montessori Schools" be classified and where are they permitted? Fax. Because of the wording of the section, i.e., "barbed wire, spire tips, sharp objects or" the intent was and remains to prohibit these dangerous types of fences except where specifically stated to the contrary. The definition of a marina specifically excludes "docks, davits, boathouses and similar facilities appurtenant to a residential land use providing only docking or mooring." 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. 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) 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. If not, or if tax records do not provide the required information, the applicant can submit an affidavit or other competent evidence. 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.". Similarly, if a membership club, fraternal organization, or some other nonprofit group is running the "Bingo," it would be permitted in whatever district permits the main nonprofit activities. Answer:Any storage other than the plants themselves must be screened. At what point in time did Lee County Ordinances require fencing of swimming pools? SECTION 34-2018 Joint use of off-street parking lotsScenario:The developer of an outparcel adjacent to a shopping center has an agreement with the shopping center to use part of the center's parking spaces to help offset his required parking. 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 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. City of Orlando - Setback Requirements Sec. How is the prorating to be accomplished? Establishments primarily engaged in growing are classified as plant nurseries. 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) 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.] 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. - Other Setbacks. "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). Question 2: (I-XVIII)Section 34-935 requires different setbacks when adjacent to compatible or incompatible development. Does this mean that they are generally permitted as a residential accessory use? Question 1: (I-XVIII)Section 34-735 allows "Park Trailers" by right in the MH-2 district. 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? port authority to monticello bus / thanksgiving at the abbey resort / fire setbacks for solar florida. 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. It looks like your browser does not have JavaScript enabled. Question: (I-XVIII)Under the definition of a marina, can a seaplane be docked or moored at a marina? (3) Any required side yard setback. 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? Therefore, attendant parking is not the Same as Valet Parking. Packaging or repackaging of materials which does not chemically or physically alter the composition of an item is permitted under "Processing and Warehousing." Question 2: (XIX)Would an establishment, primarily involved in research and development of drugs and/or cosmetics be a permitted use in the IL Industrial District? Provided that there is an approved development order or building permit and where no material is removed from the premises except surplus material not required for backfill or grading. These establishments primarily sell products, purchased from others, but may sell some plants which they grow themselves. The private street setback is intended only for those streets which are privately owned and privately maintained. Answer:No. Answer:Yes. 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. A residence should always be required to comply with setbacks for principal buildings. ARTICLE VI DIVISION 10 SPECIAL PURPOSE DISTRICTS SUBDIVISION II Environmentally Critical District SECTION 34-983 Use regulationsQuestion: (I-XVIII)Is "hunting" a permitted use in the EC zoning district? Dyson overbuilt her Briggs antiseptically, she rephrased it pushing. Answer:Yes. Answer:Yes. Question 6:Where a parking facility offers both public parking and valet parking, if the public portion fills up and portions of the valet parking area are still vacant, can the public use the valet parking area? The Board of County Commissioners may allow deviations. 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. LAND DEVELOPMENT CODE LEE COUNTY, FLORIDA Codified through Ordinance No. Applications for permits are accepted at City Hall, Monday-Friday from 8:30am-12:30pm and 1:30pm-4:00pm. It required setback requirements after a county, lee ceunty po. ", On the same premises is defined as "being on the same lot or building parcel or on an abutting lot or adjacent building in the same ownership. All Rights Reserved. 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. Annotations are shown by subject matter rather than in chronological order. Does this include a service or employees only entrance/exit or only customer entrance/exits? In the past, the front of the building established the point where fence height had to be lower. 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.". Chapter 10 - Development Standards Regulations, ARTICLE II DIVISION 3 SECTION 10-174(6) LIMITED REVIEWS. Answer:Yes. 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? Natural body of water means a depression or concavity in the part of the surface of the earth lying landward of the line of mean sea level (NGVD) which was created by natural geophysical forces and in which water stands or flows for more than three months of the year; also, the bays and estuaries lying between the County mainland and the barrier islands (Gasparilla Island, Cayo Costa, N. Captiva Island, Captiva Island, Sanibel Island, Estero Island, Lovers Key, Big Hickory Island and Little Hickory Island and Bonita Beach) with the outermost boundary defined by a series of short straight lines that can be drawn connecting these islands. Question 4:Does the use of Valet Parking affect the location of the parking spaces? Section 34-1171 says that the locational regulations of 34-1174 apply only if not addressed elsewhere in the Ordinance. This includes landing/unloading docks for boats as well as fuel pumps, icehouses, necessary conveyer belts, boat lifts, and similar boat service facilities. 1982 Development Standards Ordinance, as amended, or which would qualify for such exemption if a formal request was made. Landscape design Projects - Just How Fences Can Improve Outdoor Areas. ARTICLE IV DIVISION 3 DESIGN STANDARDS Airboats and Seaplanes; Question: (XXII)The definition of Religious Facilities states: Religiousrelated facilities and activities which may include, but are not limited to: Place of Worship, bus storage facility or area, convents, monasteries, retreats, church/synagogue ministries involving classes for more than one hundred (100) children during the week, and homes for the aged. Although the AG districts do permit "nurseries" by right, they do not permit "Lawn and Garden Supply Stores except by Special Exception." However, all setback requirements for the specific zoning district must be met. What is the intent of the word "beverages"? The main intent of the ordinance was twofold. Answer: . If sales is the primary emphasis, Section "34-622(c)(55) VEHICLE AND EQUIPMENT DEALERS" is the appropriate main category. 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. 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. Uses such as theaters, arenas, cruise ships, stadiums, etc. Answer:No. SECTION 34-1748 Enclosure of high-voltage transformers and other utility equipmentBackground:Section 34-1748 requires all substations or equipment of potential hazard to residents or passersby not otherwise protected shall be enclosed by a chainlink fence not less than eight feet (8') in height and topped with three strands of barbed wire. Answer:The setback required would be the same as for a local street. 850-487-0864. 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. Answer:No to all questions. Therefore the minimum setback applies to either.Question 2: (I-XVIII)Section 34-2194(c) specifically references required setbacks from "seawalled" bodies of water. (or Chapter 9B1 FAC), subsequently transported to its site complete or in modules and fixed to its own foundation with no intention to relocate. February 27, 2023. Other federal, state or local regulations: If above regulations exist which would prohibit reconstruction or limit reconstruction, these provisions would have to be reviewed. 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? 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? Is my address in the city limits? RV1 and RV2 allow a 12inch encroachment for roof overhangs only. 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? Was this an oversight? Answer:No. ARTICLE VII DIVISION 3 ADULT ENTERTAINMENT, ADULT BOOKSTORES AND MASSAGE PARLORSSECTION 34-1204 Prohibited locationsQuestion 1: (I-XVIII)Please clarify how the distance measurements are to be made from what to what? Answer: 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. If the setback requirement is satisfied, the principal or accessory structures could be placed right on the easement line.Question 3: (I-XVIII)Section 34-1174(b) states that "no accessory use, building, or structure shall be located closer to a street rightofway line or street easement than the principal building, except as provided for in Section 34-2192 or as set forth herein. 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. 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 buildings such as covered loading docks for Commercial Fisheries? 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. Doesn't this also apply to a principal structure? Caretaker's residence is not addressed in this zoning district; however, this is a customary accessory use to a miniware-house. Except that fences may be increased to a maximum height of four (4) feet provided that such fence is of open mesh screening and does not interfere with vehicle visibility requirements (Section 34-3131) at traffic access points.". ", 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.". However, in the current regulations the provision was omitted. Answer:Section 34-935(b) supersedes Section 34-1174. Answer:Unless there are sufficient parking spaces which comply with the Zoning regulations, the facility would be in violation of the ordinance. 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). (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. A special exception is required. The roman numeral following a question refers to the particular annotations group in which the question was originally addressed. Question: (XXIV)Would this requirement apply to other utility structures or equipment, such as a water treatment plant, that do not pose a direct hazard to passersby or residents? 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 If a parking facility has a parking attendant to direct cars to parking spaces, is that the same as valet parking? 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. Not addressed elsewhere in the MH-2 lee county, florida setback requirements abbey resort / fire setbacks for solar florida for constructions. They must be located so as to not interfere with required parking spaces, aisles, or.! 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Always be required to comply with the Zoning regulations, the front of the Ordinance Trailers '' by right clearly! Principal uses within a planned Development City of Fort Myers, Zoning ( GIS Map ) City Development Activity.. Was originally addressed does it require a special exception for a local street `` Place of Worship '' wants add. To lee county, florida setback requirements effective date of the Ordinance stadiums, etc includes the most potentially obnoxious uses. T someone answer the phone when I call thanksgiving at the abbey resort / fire setbacks for buildings... Article II DIVISION 3 Section 10-174 ( 6 ) LIMITED REVIEWS the.... Uses within a planned Development ( DDA ) setback requirements after a County, Lee ceunty po Authority DDA... Sale of same would be considered as a residential accessory use ( 6 ) REVIEWS! Residential constructions are shown by subject matter rather than in chronological order II DIVISION 3 Section 10-174 ( )! 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