Contact Bob Lee, Right-of-Way Specialist, at 941.743.1264 or Robert.Lee@CharlotteCountyFL.gov. HOW DO I GET THE REQUIRED SETBACKS REDUCED? Manufacturing of buildings listed as "Fabricated Metal Products" would also be permitted in the C2 districts. Answer:Section 34-935(b) supersedes Section 34-1174. The intent of this group is to provide for the contractors and builders who erect and/or repair buildings, etc. As long as the width and area are met, the depth can vary. Isn't this an inconsistency? Question #1: (I-XVIII)"Restaurant Standard" is "an establishment whose principal business is the sale of food or beverages to customers in a ready-to-consume state, and ". If the power company owns the underlying fee and not the developer, then it could not be counted. If strictly an office without a fleet of vehicles, use Section 34-2020(2)j. Is this an error or omission? 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? "Rental or Leasing Establishments Group IV" is permitted in the IL and IG districts, or the CPD, IPD, MPD or AOPD districts if listed on the approved schedule of uses. 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. S. Get the latest legal news and information, and learn more about laws that impact your everyday life by visiting FindLaw Legal Blogs. Answer:Yes. Answer:No. 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. Boats are defined in part as any vessel, watercraft, or other artificial contrivance used, or which is capable of being used, as a means of transportation, on waters of Lee County, Florida, including: 4. Answer:The prohibition against barbed wire, spire tips, sharp objects, or electrically charged fences in residential areas or residential zoning districts has been a county regulation since, at least, 1978 where it appeared as Section 500.15.B.12. Since these lots are recombined and not newly created lots, variances would not be required for site area, depth and width. 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). The Lee Plan is based on gross acreage. I still need what the Florida Res. In addition, Planned Developments can also request deviations. 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, Okeechobee Orange Osceola Palm Beach Pasco Pinellas - Less than 100 square feet Polk - maximum height of 5' and no more than 50 square feet. A magnifying glass. The text is clear these uses would not be permitted in or within 1,000 feet of any zoning district which allows residential uses, including C1A, C1, C2, and CT. ARTICLE VII DIVISION 5 ALCOHOLIC BEVERAGES SECTIONS 34-1263(e) and 34-1264(b)(1)a. 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 only modificationto the parking regulations is that each individual space would not have to be accessible at all times from a parking aisle (stacking). The marina siting and design criteria to be used are those set forth under Objective 98.5 and 98.6 of the Lee Plan.". Exceptions: Marginal docks must be setback min. A church would like to provide RV facilities on their property for use of the church members. It can additionally open up brand-new style choices, as well as add services, as well as including worth to your residential property. 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. Question: (I-XVIII)What zoning districts permit sales, rental, service and parts for material handling equipment such as forklifts and other similar equipment? However, the beer is manufactured on the premises in two 500 gallon holding tanks. The Marine Industrial District is intended to accommodate such uses as boat building, major hull and engine maintenance and repair, landing, icing, and shipping of fish and seafood (fish and seafood processing requires a special permit) and other uses of similar scope and scale. 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. Does this include buildings such as covered loading docks for Commercial Fisheries? Office of Planning & Zoning Physical Address 315 W. Main St. Tavares, FL 32778 Mailing Address P.O. Answer:A Place of Worship is limited to church/synagoguerelated religious functions. The term "natural forces" includes such activities as hurricanes, tornadoes, floods, or other such immediate occurrences. Question: (I-XVIII)There is no lot depth listed for the MHC1 & MHC2 districts. 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. You can not go back to the IBC and mix it with IRC, unless you are referenced to it. 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). 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. In addition, the Development Standards Ordinance required a minimum landscaped buffer of 10 feet from the rightofway. Answer:Yes, in this context. (or Chapter 9B1 FAC), subsequently transported to its site complete or in modules and fixed to its own foundation with no intention to relocate. A review of the permitted uses will also show that bulk storage of petroleum is not a permitted use. Answer:No. ARTICLE VI DIVISION 8 INDUSTRIAL DISTRICTS SECTION 34-903 Use regulations tableQuestion 1: (I-XVIII) This situation would likely occur only for lots which are created by deed between January 28, 1983, and December 21, 1984. Lee County Florida Fence Setback Requirements. 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. Question: (I-XVIII)Does the IM Marine Industrial District allow bulk storage of petroleum products? The emphasis is on AskEH@flhealth.gov. R309.4 Carports Since the RV and MH districts do not permit "Conventional Single Family Units", the sale of same would be prohibited. 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. Annotations are shown by subject matter rather than in chronological order. delray beach setback requirements Noend Tatical Documentao para posse e porte de arma de fogo. 68.305. Answer:It would be considered as a recreational vehicle park operated by a religious institution. Inasmuch as there is no way to physically separate the parking and to clearly designate patron use, the spaces would be available to either the shopping center patrons or patrons of the outparcel development and would be considered joint parking.Question 2:Does this arrangement require any type of county approval? The wording in Section 34-1204(b) states "from any district which allows residential uses." 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 VI DISTRICT REGULATIONS additional parking. Answer:Section 34-2015(2)(c) briefly addresses the issue of Valet parking when it indicates that: Stacking of vehicles (one behind the other) shall be permitted only where each dwelling unit has a specific garage or driveway appurtenant to it and in valet parking facilities wherein parking is performed only by employees of the facility. In other words, what qualifiers are attached to the words "primarily or principally devoted to sale"? ARTICLE VII DIVISION 17 FENCES, WALLS, GATES AND GATEHOUSES SECTION 34-1743 Construction of FencesBackground:Section 34-1743(b) states, in part, that "No barbed wire, spire tips, sharp objections, or electrically charged fences shall be erected on a parcel which is located in or within 100 feet of any residential area or residential zoning district under separate ownership, provided that the parcel is not already separated from the residential area or residential zoning district by a commercial or industrial zoned property or by an intervening street right-of-way or easement over 25 feet in width. 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? 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. (3) Any required side yard setback. Answer:Yes, but not within the same area. Such uses shall be conducted entirely within the dwelling unit or customary accessory building. Question 2: (I-XVIII)Section 34-792 does not allow roof overhangs or eaves to encroach upon the required 10 foot separation between units in the RV-3 District. 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. Satellite earth stations must meet the minimum setback requirements for the zoning district in which proposed, as well as those setback requirements in section 34-2191, et seq. Answer:Yes. 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.". ", 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.". of 12-2-2002, 70-2) However, the dictionary defines "primary" as "of first rank, importance, or value.". Shouldn't this also say that they must be approved by the Director? Where can I find your Land Development Code? of 12-2-2002, 70-1) Sec. Therefore, it would be subject to setback requirements for accessory structures or buildings. All Rights Reserved. Answer:The setbacks listed in the individual zoning district property development regulations do not distinguish between natural or artificial bodies of water. 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." All activities must be setback a min. The main intent of the ordinance was twofold. An accessory building or structure is one which is customarily incidental and subordinate to a principal building or use, and located on the same premises (see definition of "Building, or Structure, accessory"). Contact the Water Programs. The lot sizes required in Section 34-654 do not include street rightsofway. Answer:Yes. (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."). 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. Answer:Any school which meets the requirements of Chapter 232, F.S. At what point in time did Lee County Ordinances require fencing of swimming pools? Manufacturing of wood cabinets is specifically listed under Section 34-622(c)(26) Lumber and Wood Products, Manufacturing Group II. RearSetback: 1/2 times (depth of the lot less the street setback), but not less than 5 feet or more than 25 feet. 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. 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. 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:No. Your city or county likely will allow, for instance, fire escapes, porches, balconies, awnings, bay widows and chimneys to breach the. Question: (I-XVIII)How would "Montessori Schools" be classified and where are they permitted? Although Group V "Construction Equipment" may also be an appropriate grouping, it is primarily intended for large equipment and would be too restrictive. Does this include a service or employees only entrance/exit or only customer entrance/exits? . Day care centers are permitted by Special Exception in RS, TF, and TFC districts. . Call us today at (239) 878-2579for more information! The seawall serves the purpose provided a person cannot easily walk around the end of the fence. Code state. Question 4:Does the use of Valet Parking affect the location of the parking spaces? Which section is to be used? Other federal, state or local regulations: If above regulations exist which would prohibit reconstruction or limit reconstruction, these provisions would have to be reviewed. As such they need to be reviewed on a casebycase basis as planned developments. 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. The intent is for the facility to become a Christian retreat open to all denominations.Would an RV facility, as part of the church property, be in conformance with the use as intended by the definition of religious facility or would this constitute an RV park operated by a religious institution? Answer:Yes. Bureau of Environmental Health, Water Programs. However, this does not authorize the location of a use in a district where that use is not either a permitted principal use or accessory use. Not all building is prohibited in the required open spaces. ARTICLE VIII DIVISION 3. ARTICLE VI DIVISION 3 RESIDENTIAL DISTRICTS SUBDIVISION II One and Two Family Residential Districts SECTION 34-694 Use regulations tableQuestion 1: (I-XVIII)Is there anything in the Zoning Ordinance that would prohibit a person occupying a singlefamily residence from renting out extra bedrooms to other unrelated individuals? 3. Who do I call if my address is not in the city limits? SECTION 34-2016 Dimensional requirements; delineation of parking spacesQuestion: (I-XVIII)Sections 34-2016(2)a.2. Answer:No, provided that the "Day Care Center" is sponsored by a church/synagogue within its own structure(s). Answer:No. Fire Department. Question 2:What Uses may use valet parking? document.write((new Date()).getFullYear());Lee County, FL. 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