If the use meets the definition of Marina and can prove that it had an occupational license for a marina, and was collecting rents from uses, OR was part of a residential development project wherein individual boat slips are owned by residents of the development, then it may be expanded in accordance with all applicable Federal, State and County regulations. 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. Posted in craft assembly jobs at home uk. Prefabricated metal buildings are listed in Section 34-622(c)(14) Fabricated Metal Products/Manufacturing Group III. Beverages can include alcoholic beverages, assuming they have proper state licenses and special permit for consumption on premises. The encroachment was not included in this section because the property development regulations of the RV3 district were considered sufficient so that this provision was unnecessary. As long as the width and area are met, the depth can vary. Gross density allows calculation of roads used for residential purposes, but does not include lands used for commercial, office, and industrial uses. ARTICLE VI DIVISION 6 COMMERCIAL DISTRICTS SECTION 34-843 Use regulations table. Boathouses are not subject to the setback requirements set forth in Section 34-2194. Answer:No. (1) Any public drainage and utility easement. Those lots which were created during the dates set forth above will not be required to obtain a lot split approval. Activities That Do NOT Require a Burn Authorization. The Lee Plan is based on gross acreage. Section 34-1771 allows the operation of home occupations by right in all districts permitting dwelling units and sets forth the standards for home occupations. Question 2: (I-XVIII)Can recreational vehicles be placed in the MHC-1, MHC-2, MH1, MH2, MH3 or MH4 zoning district? The required setbacks may be reduced when 40% or more, on a front foot basis, of all lots or Answer:Yes. Under Florida law, adjoining landowners are under no legal obligation to erect fences dividing their land. Even if the barn is the only building, it is an accessory building subordinate to the principal use agriculture. 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? Answer:The key word here is public entrance or exit. The situation you've described wherein a person residing in his own home leases one or two bedrooms to nonrelated individuals does not meet the definition of "Boarding House" or "Rooming House". 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. Answer:A Place of Worship is limited to church/synagoguerelated religious functions. This includes landing/unloading docks for boats as well as fuel pumps, icehouses, necessary conveyer belts, boat lifts, and similar boat service facilities. Unless there is a building code or fire regulation to the contrary, a pool, tennis court or other recreational facility may be located as close to the other buildings as desired by the applicant, as long as the buildings are under the same ownership and on the same premises.Question 2: (I-XVIII)When a fence is used in lieu of an enclosure around a pool, is the setback measured to the pool deck or to the edge of the pool water? Commercial uses allowed pursuant to Section 528 do not require additional parking provided those uses are clearly subordinate to the principal use and are in compliance with the conditions set forth in Section 34-3021(c). Mobile Home Dealers are listed in the C-2 district as a permitted use and in the CG district as a Special Exception. (a) Side yard setbacks in residential areas shall be a minimum of 5 feet from the property line, unless a zero-lot line is proposed. A special exception is required. Find Us On Social Media:
Section 34-3005(b)(1) uses the defined term "shield" which does not mandate fencing but allows "berms, wall, screening or other methods that will not permit the sound or sight of the facility in question to be apparent from the adjoining property.". Section 34-2015(1) Location and Design Generally requires that "except for parking lots zoned CP or as provided in section 34-2018, all required parking lots shall be provided on the same premises and within the same or similar type zoning district as the use which they serve.". and b.1.
Does this include "roofovers"? If so, does the ordinance permit me to park and service the trucks? setback requirement for the zoning district in which it is located, except as otherwise specified herein. In the past, they were considered accessory uses to a permitted use. 22-07, adopted March 1, 2022. 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? Question 3: (XXV)Can excavated materials be moved from a parcel or parcels to another parcel (all under the same ownership), that are not adjoining or abutting the receiving parcel, where the excavated material is to be used for road construction? Unless more stringent setbacks have been delineated upon a plat as part of an approval requirement, the following setbacks shall be required for main buildings: (See Figures 1&2) consistent with BMC 20.30.040. I still need what the Florida Res. Answer:There is no depth requirement. Lawn and Garden Supply Stores means establishments primarily engaged in selling trees, shrubs, other plants, seeds, bulbs, mulches, soil conditions, fertilizers, pesticides, garden tools, and other garden supplies to the general public. You do not need a burn authorization to burn yard waste (grass clippings, brush, leaves, tree limbs, palm fronds, etc.) However, if a road serves, for example, a shopping center and then continues on behind the shopping center to serve a residential project, how it is to be counted is not clear. Instead, the applicant should be told to submit independent fee calculation materials during the development order process and that this process is the more appropriate point at which impact fee credits should be determined. Would storage and/or sale of pine bark, potting soil, fertilizer, edging railroad timbers and other miscellaneous items used by landscape contractors be ancillary to the principal use? This group includes the most potentially obnoxious industrial uses. obtained from the Lee County Soil & Water Conservation District, 319 S. Mason, Amboy, IL 61310 (815) 857-3623 x. Answer:Any storage other than the plants themselves must be screened. The approved fencing or wall which runs perpendicular to the seawall extends to the outer (water side) edge of the seawall; and. Answer:No. Does this include package treatment plants? Landscape design Projects - Just How Fences Can Improve Outdoor Areas. 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. Answer:No. Contact your local Florida Forest field unit for setback requirements. Office of Planning & Zoning Physical Address 315 W. Main St. Tavares, FL 32778 Mailing Address P.O. 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. 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. 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. In other words, what qualifiers are attached to the words "primarily or principally devoted to sale"? 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. 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?
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? Doesn't this also apply to a principal structure? Answer:Yes, but not within the same area. . Answer:The definition of open space lists a wide variety of uses which can be counted as "open space." 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 SUPPLEMENTARY DISTRICT REGULATIONS DIVISION 2 ACCESSORY USES, BUILDINGS AND STRUCTURES SECTION 34-1174 Location and setbacks generallyQuestion 1: (XX)The Zoning Ordinance previously contained a provision which permitted gasoline or other fueldispensing structures to be set back only 15 feet from the street rightofway.
Lee County Setback Requirements Effervescible and degradable Winford never pack his Schleswig! The provision (which carried over from pre1986 zoning regulations) conflicted with several new 1986 provisions such as increased setbacks for all structures and buildings from collector and arterial roads and the provision that any deviation from the setback provisions could only be approved by special permit. 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? Sarasota Seminole Sumter Suwannee Taylor Union Volusia Wakulla The marina siting and design criteria to be used are those set forth under Objective 98.5 and 98.6 of the Lee Plan.". Section 34-2018(a) specifically states that if not part of a planned development, then a special exception is required. The private street setback is intended only for those streets which are privately owned and privately maintained. 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. Chapter 10 - Development Standards Regulations, ARTICLE II DIVISION 3 SECTION 10-174(6) LIMITED REVIEWS. . 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. ARTICLE VIII DIVISION 3. Riprap or seawalls are both forms of bank protection. Tallahassee, FL 32399-1710. Answer:No. Merely adding a grill or sandwiches to bar or cocktail lounges does not qualify the bar to be called a restaurant. 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. 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:The setbacks listed in the individual zoning district property development regulations do not distinguish between natural or artificial bodies of water. - Other Setbacks. Answer:No. 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. Does this Section apply to swimming pools which predated said effective date. Side yards20% or 15 feet, whichever is less. Background:
Question: (I-XVIII)Does the IM Marine Industrial District allow bulk storage of petroleum products? 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 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). If the existing parking "lawfully exists," i.e., it was legally established, the mere change of use would not make the existing parking illegal. Answer:No. 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? 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? 3. ", 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. Question: (XXI)
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. Answer:The most similar use group would be Section 34-622(c)(55) Vehicle and Equipment Dealers. 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. Whether or not a powerline easement can be counted depends on a number of variables concerning the legal status of the easement. It was included only in the IPD district. If the power company owns the underlying fee and not the developer, then it could not be counted. Lee County GIS. LAND DEVELOPMENT CODE LEE COUNTY, FLORIDA Codified through Ordinance No. 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). Answer:The key word in both Sections is "may." SECTION 34-1492 Definitions (3)Question: (I-XVIII)Section 34-1492(3) requires prorating the amount of street area that can be used to compute residential density when the street serves commercial or industrial uses as well as residential use. Question: (I-XVIII)How would "Montessori Schools" be classified and where are they permitted? All these items qualify as a structure and hence cannot encroach into the 10foot separation area. Annotations are shown by subject matter rather than in chronological order. 68.305. Mixing of public parking and valet parking could create chaos if the public were to block another vehicle. document.write((new Date()).getFullYear());Lee County, FL. ARTICLE VI DIVISION 2 AGRICULTURAL DISTRICTS SECTION 34-653 Use regulations tableQuestion: (XXI)Agricultural districts permit nurseries as a permitted use in all AG zones. Posted at 07:49h in class of 2026 basketball rankings espn by white dunce cap mushroom poisonous to dogs. Answer:No. Carlos Machado Sociology Student (B.A. 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. Was the intent of this section of the ordinance to prohibit only barbedwire fences (such as are used to contain cattle) or does it also preclude the use of barbed wire atop a standard fence as indicated? or is it an accessory use? This term is listed as by right or by Special Exception in the district use regulations. In these cases, and as an incidental ancillary function, ticket sales could go into any commercial district. 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? In which zoning district(s) would this type of use be permitted? Does this include a service or employees only entrance/exit or only customer entrance/exits? Delhi Development Authority (DDA) setback requirements for residential constructions are shown below, dependent on plot size. Therefore, any pool constructed prior to the effective date of the 1978 Ordinance (February 4, 1978) would be considered a non-conforming use and would not be subject to the 1978 or 1986 fencing requirements. Answer:Yes. (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. Does this mean that they are generally permitted as a residential accessory use? 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. However, it cannot be enlarged.Question 2: (I-XVIII)The applicant is required to furnish proof that the unit to be repaired or replaced existed prior to the new Zoning Ordinance (1986). Economic Development. However, RV1 and RV2 allow a 12 inch encroachment. SECTION 34-2016 Dimensional requirements; delineation of parking spacesQuestion: (I-XVIII)Sections 34-2016(2)a.2. AskEH@flhealth.gov. ARTICLE VI DIVISION 8 INDUSTRIAL DISTRICTS SECTION 34-903 Use regulations tableQuestion 1: (I-XVIII)
Which section is to be used? However, the Lee Plan Rural and Open Land use categories require one (1) acre. Question: (I-XVIII)There is no lot depth listed for the MHC1 & MHC2 districts. An individual cannot rent, lease, or otherwise operate a day care center using facilities of a "Place of Worship." Applications for permits are accepted at City Hall, Monday-Friday from 8:30am-12:30pm and 1:30pm-4:00pm. In essence, with the exceptions provided for singlefamily residences and mobile homes, any nonconforming structure can be replaced exactly as it was (in relationship to the particular requirement which made it a nonconforming structure) but all other provisions must be adhered to, such as parking, buffering, height, bulk or other dimensional requirements. 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
"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. Answer:Yes. Lot 104 typed as Lot 140), or omitting a Block, Unit, or Building number. Answer:Hunting is an unregulated (by this Code) use of land which is not prohibited in the EC District. New Places of Worship require Special Exception. Does this mean that a "plant nursery" must be shielded? The definition of "on the same premises" would not apply, since the properties are not abutting and therefore must be treated as separate and distinct parcels. 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.". 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? 110 (Brenda Merriman). 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. Answer:Yes. Answer:The intent is clear that approval is necessary. Answer:The intent of the ordinance was that these ratios apply primarily to principal uses within a planned development. Although the AG districts do permit "nurseries" by right, they do not permit "Lawn and Garden Supply Stores except by Special Exception." 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. 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)]. Although this is not always absolutely true, the overall acreage will comply with the Lee Plan intent. Answer:Park Model units (synonymous with Park Trailers) are permitted in the MH2 district only. It was the intent of the BOCC to allow the replacement of the units without interfering with existing attachments. Do tax records, tag registrations, etc. Answer:Yes. Answer:Assuming that the lot is legal and the use is a conforming use, indicating that the only problem appears to be a nonconforming building or structure, there is not (at this time) any time limit for replacement.Question 3: (XXII)Does the term "natural forces" as set forth Article VIII nonconformities, include such destruction to the structure as a result of termites, salt air, or other natural elements? Packaging or repackaging of materials which does not chemically or physically alter the composition of an item is permitted under "Processing and Warehousing." Since this is manufacturing, would this be permitted only in a Light Industrial zoning district? Box 7800 Tavares, FL 32778 Email pzinfo@lakecountyfl.gov Phone 352-343-9641 Fax 352-343-9767 The definition also indicates that it must be part of the development site. The definition of a mobile home is: A building, manufactured off site, in conformance with the Federal Mobile Home Construction and Safety Standards (24 CFR 3280, et seq), subsequently transported to a site complete or in sections where it is emplaced and tied down in accordance with Chapter 15 C1, FAC with the distinct possibility of being relocated at a later date. (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."). 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. The church would provide religious services, Bible studies, and the use of church facilities for "events" taking place. 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. 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)
Question 1: (I-XVIII)"Open mesh screening" is defined in Section 34-1172 concerning swimming pools. Was this an oversight? 3. Who do I call if my address is not in the city limits? The remainder parcel was created when all the other lots were deeded prior to the effective date of the Development Standards Ordinance. Therefore, attendant parking is not the Same as Valet Parking. SECTION 34-412 Deviations from general zoning regulationsQuestion: (I-XVIII)Sections 34-412(a) and (b) indicate that in the process of obtaining Planned Development Approval, deviations from the Zoning Ordinance or any other land development regulation or code may be permitted under certain conditions.