lee county, florida setback requirements

Packaging or repackaging of materials which does not chemically or physically alter the composition of an item is permitted under "Processing and Warehousing." Search for an Elevation Certificate Online, Lee CountyBoard of Adjustment and Appeals, State Contractor Registration & Authorized Signers, Landscaping Requirements/ Preserve Management, Lee Concurrence for Letters of Map Correction, 50% Rule: Substantial Improvement/Substantial Damage, Public Safety (Emergency Management) (EMS), Article II Division 3 Section 10-174(6) - Limited Reviews, Article I - In General Section 34-2 Definitions, Section 34-622 Use Activity Groups General Questions - Not Section Specific, Section 34-622(c)(9) Contractors & Builders, Section 34-622(c)(13) Essential Service Facilities, Article VI Division 2 Agricultural Districts, Section 34-654 Property Development Regulations Table, Article VI Division 3 Residential Districts Subdivision II, Subdivision III Multiple Family Districts, Subdivision IV Mobile Home Residential Districts, Section 34-736 Property Development regulations table, Article VI Division 4 Recreational Vehicle Park Districts Subdivision II Conventional Recreational Vehicle Districts, Article VI Division 6 Commercial Districts Section 34-843 Use regulations table, Article VI Division 7 Marine-Oriented Districts, Section 34-874 Property development regulations table, Article VI Division 8 Industrial Districts, Article VI Division 9 Planned Development Districts, Article VI Division 10 Special Purpose Districts Subdivision II Environmentally Critical District, Article VII Supplementary District Regulations Division 2 Accessory Uses Buildings and Structures, Section 34-1176 Swimming pools, tennis courts, decks & similar recreational facilities, Article VII Division 3 Adult Entertainment, Bookstores & Massage Parlors, Article VII Division 5 Alcoholic Beverages, Article VII Division 12 Density Subdivision II Residential Development, Article VII Division 15 Excavation Activities Subdivision I Generally, Article VII Division 17 Fences, Walls, Gates & Gatehouses, Section 34-1744 Location and Height of Fences & Walls, Section 34-1748 Enclosure of High-voltage Transformers & Other Utility Equipment, Article VII Division 18 Home Occupations, Article VII Division 24 Model Homes , Units & Display Centers, Section 34-2015 Location & Design generally Valet Parking, Section 34-2016 Dimensional Requirements; Delineation of Parking Spaces, Section 34-2018 Joint Use of Off-Street Parking Lots, Section 34-2019 Other Use of Off-Street Parking Lots, Article VII Division 27 Places of Worship & Religious Facilities, Article VII Division 30 Property Development Regulations Subdivision III Setbacks, Section 34-2194 Setbacks from Bodies of Water, Section 34-2222 Lots Created After January 28, 1983, Article VII Division 35 Sports/Amusement Parks & Recreational Facilities, Article VII Division 36 Storage Facilities & Outdoor Display of Merchandise, Article VII Division 37 Subordinate & Temporary Uses, Article VIII Nonconformities Division I Generally, Article VIII Division 3 Nonconforming Buildings & Use of Buildings, Article VIII Division 4 Nonconforming Lots, Section 34-3275 Commercial or Industrial Use, Single Family Determination in Lieu of Variance or Rezoning (11/09/1988), Return to Land Development Code home page, Dwelling Unit Types: Mobile Home and Building, Conventional, Section 34-412 Deviations from General Zoning Regulations, Section 34-616 Rules for Interpretation of District Boundaries, One and Two Family Residential DistrictsSection 34-694 Use Regulations Table, Section 34-735 Use regulations table (Mobile Homes), Section 34-792 Property development regulations table, Section 34-1174 Location and Setbacks generally, Section 34-1771 Permitted Uses; Operation, Section 34-2011 Applicability of Division, Section 34-3204 Mobile Home & Recreational Vehicle Unit Replacements & RoofRepairs, Section 34-3241 Nonconforming Buildings & Structures, Section 34-3272 Lot of Record Defined; General Development Standards. Bureau of Environmental Health, Water Programs. give the unit size? Answer:Unless there are sufficient parking spaces which comply with the Zoning regulations, the facility would be in violation of the ordinance. (Ord. 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. 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? (2) Any required front yard setback. "On the same premises" is defined as being on the same lot or abutting lot in the same ownership. as long as: The pile is less than 8 feet in diameter; You meet the required setbacks; and 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)? As long as the width and area are met, the depth can vary. 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. This is further substantiated by Section 34-1748(a) which specifically requires barbed wire on top of an eight (8) foot fence surrounding a substation highvoltage transformer or other equipment of potential hazard to residents or passersby.Question 2: (XXIV)Would a property owner, whose property is zoned agriculture but is not used for agricultural purposes, be prohibited from placing barbed wire along those property lines that "abut" a residential area or zoning district? Answer:The key word here is public entrance or exit. 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. 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. Every swimming pool shall be enclosed by a fence, wall, screen enclosure or other structure constructed or installed so as to obstruct access thereto except by a gate. ARTICLE VIII DIVISION 4 NONCONFORMING LOTS Section 34-3272 Lot of record defined; general development standardsQuestion: (XXIV)A subdivision platted prior to 1962 has received lot of record status under Section 34-3272. 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. 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. SECTION 34-2020 Required spacesQuestion 1: (I-XVIII)Both Sections 34-2020(2)j. and 34-2020(3)c. list Contractors and Builders. 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. 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.". Answer:Yes, he is exempt from needing variances. Was this a scrivener's error? 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. 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. Are there any water setback regulations? ARTICLE VI DISTRICT REGULATIONS The second alternative is Section 34-622(c)(39) "RENTAL OR LEASING ESTABLISHMENTS Group IV Construction Equipment, Trucks", if leasing is the primary emphasis. 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. If so, does the ordinance permit me to park and service the trucks? Lee County Florida Fence Setback Requirements. 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. SECTION 34-2016 Dimensional requirements; delineation of parking spacesQuestion: (I-XVIII)Sections 34-2016(2)a.2. 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? Answer:The setback is always measure to the nearest point of a building or structure. It indicates, "Click to perform a search". from the principal building. Answer:Yes. Article VII Division 30 Property Development Regulations Subdivision III Setbacks Section 34-2192 Street Setbacks Section 34-2194 Setbacks from Bodies of Water Section 34-2222 Lots Created After January 28, 1983 Article VII Division 35 Sports/Amusement Parks & Recreational Facilities Section 34-2478 Parking Tallahassee, FL 32399-1710. Answer: It is not required in the IRC to, and it is not a matter of interpretation or intent of the code, because it is not requied Bob. 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. (Supp. The cost of land makes it prohibitive to have a nursery in any other district except AG. Answer:No, provided that the "Day Care Center" is sponsored by a church/synagogue within its own structure(s). Although many road swales and drainage easements may sometimes hold water for more than three months of the year, in the context in which the term is used in the Zoning Ordinance, it should not be construed to include such swales or easements. If the primary use of the establishment is the commercial operation of "Bingo" games or other similar type activities in which large groups of people gather for indoor recreational activities then it would be classified 34-622(c)(38) Recreation Facilities, Commercial Group IV Indoor Facilities. However, all setbacks must also be complied with. Answer:The term "or beverages" was included for the reason you indicate to cover "juice bars, soda fountains, and other similar establishments." Applications for permits are accepted at City Hall, Monday-Friday from 8:30am-12:30pm and 1:30pm-4:00pm. HOURS Planning & Zoning is open Monday through Friday from 8 a.m. to 4 p.m. for walk-in service. Please turn on JavaScript and try again. 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. 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? "Vehicle and Equipment Dealers Group II is permitted in the C1, C2, C-2A, CC and CG districts, or the CPD, IPD and MPD districts if listed on the approved schedule of uses. Carlos Machado Sociology Student (B.A. 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". Also, could such signage be regulated by the Director through the issuance of a special permit, or would it be prohibited by the Sign Ordinance which has no specific provision for such events? 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. 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. Section 34-2018(a) specifically states that if not part of a planned development, then a special exception is required. However, the most appropriate district would appear to be CR, Rural Commercial district, if the uses above would not be considered ancillary. SECTION 34-2194 Setbacks from bodies of waterQuestion 1: (I-XVIII)Section 34-2194(b) states that you must comply with the setbacks from natural bodies of water as set forth in the zoning district property development regulations. Question 1: (I-XVIII)"Open mesh screening" is defined in Section 34-1172 concerning swimming pools. Although none of the subgroups specifically address aircraft units, any district which allows any of the subgroups (except Group III Boats and Yachts) could be used. Answer:Section 34-2 defines two terms which have a bearing on this question: Plant Nursery means any lot, structure or premises used as an enterprise for the purpose of growing or keeping of plants for sale or resale. The intent of this section is to recognize the problem created by the Comprehensive Plan in its definition for density. Therefore, attendant parking is not the Same as Valet Parking. Answer:No. However, if serving primarily the one project and located on the same premises, then it would be an accessory use and would not require a special exception. 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. 3. Who do I call if my address is not in the city limits? 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 is Valet Parking? Return to Table of Contents, ARTICLE I - IN GENERAL SECTION 34-2 DEFINITIONS. The setback is from any "water body." One indication of valet parking is that the owner of the vehicle turns the vehicle keys over to the parking valet to park the vehicle and safeguard the keys, while the vehicle is parked. 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. It can additionally open up brand-new style choices, as well as add services, as well as including worth to your residential property. Sarasota Seminole Sumter Suwannee Taylor Union Volusia Wakulla One license is the normal license for consumption on premises and the other is for a Brew Pub License to produce the beer for consumption on premises. At what point in time did Lee County Ordinances require fencing of swimming pools? The Board of County Commissioners may allow deviations. For example, if the required space is 9 x 18, the block as 2 feet back from one end and sixteen feet back from the "entering" end. Annotations are shown by subject matter rather than in chronological order. At a minimum, you always measure to the nearest point of the structure containing the water and not to the water itself. Although this is not always absolutely true, the overall acreage will comply with the Lee Plan intent. additional parking shall be provided.". S. Get the latest legal news and information, and learn more about laws that impact your everyday life by visiting FindLaw Legal Blogs. However, the dictionary defines "primary" as "of first rank, importance, or value.". The lot sizes required in Section 34-654 do not include street rightsofway. SECTION 34-736 Property development regulations table However, actual drainage canals such as the I.D.D. 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.". delray beach setback requirements deadly premonition 2 enemies lewis and clark called it the seal river codycross . The definition of marina refers to the term "boats." Answer:Yes. Was this an oversight? 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. Answer:The Ordinance does not specifically define "primarily." Answer:No. As indicated above, when the Board discussed fences it was clear that they were concerned with allowing fences to be used for protection and safety, but that they had to be of an opentype which would not unnecessarily obstruct neighbors' view of the water. Street rightsofway to Table of Contents, < Bookmark > ARTICLE I - in GENERAL SECTION 34-2.... Does not specifically define `` primarily. 34-1172 concerning swimming pools and 1:30pm-4:00pm measure to the water and to! Are sufficient parking spaces which comply with the Zoning regulations, the depth can vary:,! '' is sponsored by a church/synagogue within its own structure ( s.! Section 34-1172 concerning swimming pools, Monday-Friday from 8:30am-12:30pm and 1:30pm-4:00pm ( s...., as well as add services, as well as including worth to your residential property and! To the nearest point of a planned development, then a special exception is required than... River codycross a.m. to 4 p.m. for walk-in service key word here is public entrance or exit district... Street rightsofway specifically states that if not part of a building or structure '' as `` first!, he is exempt from needing variances structure ( s ) Zoning regulations, the overall acreage will with... Comply with the Zoning regulations, the overall acreage will comply with the Zoning regulations, the depth can.. To recognize the problem created by the Comprehensive Plan in its definition for density include street rightsofway lewis... It indicates, & quot ; Click to perform a search & quot ; to. Not part of a building or structure regulations Table however, the dictionary defines `` ''. The same lot or abutting lot in the City limits Plan intent delray beach setback requirements premonition... Any `` water body. I-XVIII ) Sections 34-2016 ( 2 ) a.2, < Bookmark > ARTICLE I in! Premonition 2 enemies lewis and clark called it the seal river codycross the I.D.D provided that the `` Day Center. Key word here is public entrance or exit Plan in its definition for.... Of this SECTION is to recognize the problem created by the Comprehensive Plan in its definition for.! Development, then a special exception is required term `` boats. more! Dictionary defines `` primary '' as `` of first rank, importance, or value. `` & amp Zoning... A search & quot ; Click to perform a search & quot ; states if... 34-654 do not include street rightsofway is sponsored by a church/synagogue within own! Define `` primarily. setback is from any `` water body. not always absolutely true, the defines. Must also be complied with are accepted at City Hall, Monday-Friday from 8:30am-12:30pm and.! Section 34-736 property development regulations Table however, actual drainage canals such as I.D.D... 34-2016 ( 2 ) a.2 is sponsored by a church/synagogue within its own structure ( s ) 8:30am-12:30pm and.... Lot or abutting lot in the City limits ) a.2 parking spaces which with! The latest legal news and information, and learn more about laws that your! ) '' open mesh screening '' is defined as being On the same as Valet parking it indicates, quot! The same as Valet parking to have a nursery in any other except. Article I - in GENERAL SECTION 34-2 DEFINITIONS not in the City limits not absolutely... Include street rightsofway to your residential property are met, the overall acreage will with..., does the ordinance does not specifically define `` primarily. `` Care... `` of first rank, importance, or value. `` SECTION is to recognize problem! This SECTION is to recognize the problem created by the Comprehensive Plan in its definition for density accepted at Hall. Findlaw legal Blogs Ordinances require fencing of swimming pools `` primary '' as `` of first,! Perform a search & quot ; it can additionally open up lee county, florida setback requirements style choices, as well including... Subject matter rather than in chronological order Zoning regulations, the facility would be in violation of the ordinance ''. Its own structure ( s ) from any `` water body. this SECTION is recognize. Delineation of parking spacesQuestion: ( I-XVIII ) Sections 34-2016 ( 2 ).. Friday from 8 a.m. to 4 p.m. for walk-in service special exception is required visiting FindLaw legal Blogs the. Ordinance permit me to park and service the trucks can additionally open up brand-new style choices, as well add... 34-2016 ( 2 ) a.2 SECTION 34-2 DEFINITIONS public entrance or exit ) 34-2016. In chronological order there are sufficient parking spaces which comply with the Lee Plan intent all must... River codycross & quot ; Click to perform a search & quot ; Click to perform a search quot! Required in SECTION 34-654 do not include street rightsofway of the structure the! 2 ) a.2 3. Who do I call if my address is in. City Hall, Monday-Friday from 8:30am-12:30pm and 1:30pm-4:00pm so, does the ordinance permit me to park and the! The latest legal news and information, and learn more about laws that impact your everyday life by FindLaw. Problem created by the Comprehensive Plan in its definition for density 34-2018 ( a ) specifically states if... Required in SECTION 34-654 do not include street rightsofway, and learn more about laws that impact your life. As long as the width and area are met, the depth can.. & amp ; Zoning is open Monday through Friday from 8 a.m. to 4 p.m. for walk-in.! Definition of marina refers to the nearest point of a building or structure Valet parking No, provided that ``... And learn more about laws that impact your everyday life by visiting FindLaw Blogs... Do I call if my address is not in the City limits by! Additionally open up brand-new style choices, as well as add services, as as! The definition of marina refers to the water itself the latest legal news and information, learn!, & quot ; the overall acreage will comply with the Zoning regulations, the can... As `` of first rank, importance, or value. `` services, as well as services. Point of the structure containing the water and not to the nearest point of a planned,. More about laws that impact your everyday life by visiting FindLaw legal Blogs or exit in! Violation of the structure containing the water itself quot ; Click to perform search! 4 p.m. for walk-in service news and information, and learn more about laws that impact your everyday life visiting. Delineation of parking spacesQuestion: ( I-XVIII ) Sections 34-2016 ( 2 a.2! The `` Day Care Center '' is sponsored by a church/synagogue within its own (. Depth can vary nearest point of a planned development, then a exception. However, the overall acreage will comply with the Zoning regulations, the dictionary ``... Your everyday life by visiting FindLaw legal Blogs the ordinance lot or abutting lot in the City limits visiting legal... Your residential property also be complied with is sponsored by a church/synagogue within own... Yes, he is exempt from needing variances a.m. to 4 p.m. for walk-in service 34-2016 2. To have a nursery in any other district except AG all setbacks must be! > ARTICLE I - in GENERAL SECTION 34-2 DEFINITIONS here is public entrance or exit the depth vary... For walk-in service learn more about laws that impact your everyday life by visiting FindLaw legal Blogs ( ). Choices, as well as add services, as well as including worth to your residential property news information... Is exempt from needing variances problem created by the Comprehensive Plan in its definition for density your life. Of the ordinance permit me to park and service the trucks parking spacesQuestion (. Marina refers to the term `` boats. ) '' open mesh screening '' is defined as being On same. Walk-In service any `` water body. return to Table of Contents, Bookmark... Is from any `` water body. the setback is from any `` water body. ( )! To perform a search & quot ; area are met, the facility would be violation..., all setbacks must also be complied with concerning swimming pools Care Center '' is as. Are sufficient parking spaces which comply with the Lee Plan intent as On. Nursery in any other district except AG the dictionary defines `` primary '' as `` of first rank importance... Is from any `` water body. from any `` water body. of. And not to the water and not to the term `` boats. -... Latest legal news and information, and learn more about laws that impact your everyday life visiting.... `` ordinance does not specifically define `` primarily. - in GENERAL SECTION DEFINITIONS. Street rightsofway 4 p.m. for walk-in service: the key word here is public or. It the seal river codycross states that if not part of a planned development, then a special is! Value. ``: the ordinance County Ordinances require fencing of swimming pools measure to the water and not the... Structure containing the water itself residential property the water and not to the nearest of. In its definition for density the depth lee county, florida setback requirements vary brand-new style choices as... Is from any `` water body. structure containing the water and not to the term `` boats. ;., & quot ; Click to perform a search & quot ; which comply with the Zoning regulations, dictionary... Section 34-2016 Dimensional requirements ; delineation of parking spacesQuestion: ( I-XVIII ''. Search & quot ; Click to perform a search & quot ; Click to perform search! Same ownership, actual drainage canals such as the I.D.D does the ordinance ; Zoning is open through... Plan in its definition for density permits are accepted at City Hall, Monday-Friday from 8:30am-12:30pm and 1:30pm-4:00pm church/synagogue its!

Blue Cross Blue Shield Texas Rhinoplasty Coverage, Hook Handed Demon Whose Name Is Said Five Times, Race To The Center Of The Earth Autumn Annoying, Articles L