lee county, florida setback requirements
The most common errors in this type of legal description are typographical, such as transposing numbers (e.g. 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. Community Development. Doesn't this also apply to a principal structure? LAND DEVELOPMENT CODE LEE COUNTY, FLORIDA Codified through Ordinance No. Answer:Yes, in this context. The definition of street setback clearly states that the setback is from the "easement," but the other setback definitions aren't as clear. 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. "On the same premises" is defined as being on the same lot or abutting lot in the same ownership. Maximum required is 25 feet. 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. Setback requirements for main buildings are different from setbacks for detached accessory structures. Landscaping uses many different sorts of fencing, and also . 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. In the Board's discussion prior to amending Section 34-1741 - 34-1750, it was clear that the use of the term "open mesh screen" as it applied to fences meant openlink or chainlink fencing which would provide a clear, unobstructed view.Question 2: (I-XVIII)Can "openmesh screen" be interpreted to include a lattice work of wood or other material? Written by on 27 febrero, 2023. If strictly an office without a fleet of vehicles, use Section 34-2020(2)j. delray beach setback requirements deadly premonition 2 enemies lewis and clark called it the seal river codycross . from the principal building. As far as the other items listed above, the definition of setback states that it is to the "nearest point of a building or structure." Code state. All Rights Reserved. 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. Approvals - 3 minutes R4101.4 Approvals Side yards20% or 15 feet, whichever is less. Any use of a residence for a home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants. Background:
A church would like to provide RV facilities on their property for use of the church members. Answer:No. Therefore, if a Place of Worship is running the activity, it would be permitted within their own facilities. The trend is towards integrated facilities (one stop shopping). When you add onehalf of adjacent rightsofway you will come very close to the one acre requirement. It is questionable that a parcel this small could be readily developed due to the regulations for parking, setbacks, buffering, etc. tyler florence sunglasses; bailey and southside morning show; recent cases solved by fingerprints 2021; . Answer:Yes.Question 2: (I-XVIII)Guesthouses are defined as accessory buildings. Answer:Yes. The definition of Essential Services refers to public or private utility companies, excluding the buildings or structures, while Essential Service Facilities were the buildings or structures. Would a "riprap" wall be considered the same as a "seawall"? Read More Our Fences You can also talk to a plans examiner at the permit center who 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. document.write((new Date()).getFullYear());Lee County, FL. 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? b. Mail - Lee County Property Appraiser, P.O. However, the beer is manufactured on the premises in two 500 gallon holding tanks. Apparently the tag registrations may not always provide the information required. 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. Find the best offers for Properties for rent in Palm Coast. 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. 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:No. Answer:Package plants, constructed for an individual project and located on the same premises, were intended to be treated as an accessory use subject to the Land Development Code. SECTION 34-622(c)(9) Contractors & BuildersQuestion: (I-XVIII)Section 34-622(c)(9) Contractors & Builders Group II allows light fabrication work. Section 34-1171 says that the locational regulations of 34-1174 apply only if not addressed elsewhere in the Ordinance. 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? "Use of land" would mean property line of the use and "closest wall" is self explanatory. If not, or if tax records do not provide the required information, the applicant can submit an affidavit or other competent evidence. . Question 2: (I-XVIII)Section 34-3241(b)(2) allows reconstruction of nonconforming structures damaged by fire or other natural forces. Okeechobee Orange Osceola Palm Beach Pasco Pinellas - Less than 100 square feet Polk - maximum height of 5' and no more than 50 square feet. The minimum required setbacks set forth in Sections 34-2191 to 34-2196 apply to all zoning districts. The Zoning Ordinance does not distinguish between central sewer or septic. If not, what district would permit it? The benefit would be to all members of the church throughout the nation. If the deck is part of the pool, you measure to the deck. The Lee Plan is based on gross acreage. 4. 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. Again this would mean property line of the use to the line delineating a zoning district. Answer:No. Since the RV and MH districts do not permit "Conventional Single Family Units", the sale of same would be prohibited. 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. (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. (Ord. 70-2. csfa league table. 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. 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. SECTIONS 34-2222 Lots created after January 28, 1983Question: (I-XVIII)In referring to "lots," what does the term "created" mean? Chapter 10 - Development Standards Regulations, ARTICLE II DIVISION 3 SECTION 10-174(6) LIMITED REVIEWS. ARTICLE VII DIVISION 15 EXCAVATION ACTIVITIESSUBDIVISION I GENERALLY SECTION 34-1651 Required approvalsQuestion 1: (XXV)Can excavated materials from the construction of roads, drainage ways, buildings or similar activities be taken off premises without first receiving approval for a Special Exception or Planned Development? When did or does the destruction have to occur to comply with this section? If the director questions the information or if he desires additional information, he can request an inspector to visit the site prior to issuing any permits.Question 3: (I-XVIII)Section 34-3204 allows reroofing and roof repairs. The top of the seawall is at least four (4) feet above the bottom of the water body adjacent to the seawall. Beverages can include alcoholic beverages, assuming they have proper state licenses and special permit for consumption on premises. 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? 00 fair market value Satellite Dish Antennas - Residential 1 meter or less in diameter. 3. Who do I call if my address is not in the city limits? (Ord. Under Florida law, adjoining landowners are under no legal obligation to erect fences dividing their land. The Board of County Commissioners may allow deviations. Answer:This depends on the type of operation. 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. Isn't this an inconsistency? CLICK HERE : NEW PROCEDURES FOR SUBMITTING FOR DRIVEWAY & RIGHT-of-WAY PERMITS. okaloosa county setback requirements. 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. 5. Answer:No. HOURS Planning & Zoning is open Monday through Friday from 8 a.m. to 4 p.m. for walk-in service. Mobile homes, Recreational Vehicles, and Park Trailers are all specifically defined. Box 1546, Fort Myers, FL 33902-1546; Email - GISTeam@leepa.org; Fax - (239) 533-6107; In person - Melvin Morgan Constitutional Complex, 2480 Thompson St., 4th Floor, Fort Myers, FL 33901; Frequently Asked Questions ARTICLE VII DIVISION 35 SPORTS/AMUSEMENT PARKS AND RECREATIONAL FACILITIES SECTION 34-2478 ParkingQuestion: (I-XVIII)Section 34-2478 indicates that the Board of County Commissioners may allow up to fifty (50) percent of the required parking to be met offsite if certain provisions are met. Answer:Yes, he is exempt from needing variances. Although not specifically addressed, since this a new (1986) district, is it now the intent to allow the caretaker'sapartment? 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. In some cases old annotations have been modified to reflect ordinance amendments but the intent of the original annotation has not been changed. What is the intent of the word "beverages"? SECTION 34-622(c)(13) Essential Service FacilitiesQuestion 1: (I-XVIII)A sewage treatment plant owner wishes to sprayirrigate the effluent onto adjacent property. 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 34-2011(b) addresses existing developments. Answer:No, provided that the "Day Care Center" is sponsored by a church/synagogue within its own structure(s). Answer:No. This group includes the most potentially obnoxious industrial uses. Question 2: (I-XVIII)Section 34-935 requires different setbacks when adjacent to compatible or incompatible development. The Zoning Ordinance does not set forth regulations concerning signs, but consistently refers to the Lee County Sign Ordinance. Answer:There is no depth requirement. 850-487-0864. The regulations deliberately deleted minimum separation for pools, etc. Permits issued by Charlotte County are required for all work done in county right-of-ways and easements, or use thereof for access including but not limited to: . 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. Question 1: (I-XVIII)Section 34-735 allows "Park Trailers" by right in the MH-2 district. The intent therefore, is to measure from property line to property line.Question 2: (I-XVIII)Based on the wording of Section 34-1204, is it the intent to restrict these uses from zoning districts which permit both residential and commercial uses? Uses such as theaters, arenas, cruise ships, stadiums, etc. 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. Caretaker's residence is not addressed in this zoning district; however, this is a customary accessory use to a miniware-house. The definition of a marina specifically excludes "docks, davits, boathouses and similar facilities appurtenant to a residential land use providing only docking or mooring." 22-07, adopted March 1, 2022. Does this include "roofovers"? 3. Answer:Fuel pumps do not require parking spaces. 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. Answer:Where a lot is split by two or more zoning districts, the property development regulations for the largest proportional district shall prevail. 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. Employment. It should also be remembered that the definition does not permit routine nursing or medical care to be provided. A commercial stable (defined) would normally be a principal use, (defined) in which case any residence would be considered a caretaker's residence and require a Special Exception. If the land is strictly an easement for powerline purposes with all of the development rights remaining with the developer (owner) without approval of the power company required, then it could be counted. Answer:It would be considered as a recreational vehicle park operated by a religious institution. Lee County Florida Fence Setback Requirements. Does that definition apply when used in Section 34-1741 - 34-1750 Fences, Walls, Gates, and Gatehouses? Answer:If the use is in a freestanding building, the parking would be calculated based on Small Products (1 space per 200 square feet of total floor area, minimum of 5 space). The cost of land makes it prohibitive to have a nursery in any other district except AG. The seawall serves the purpose provided a person cannot easily walk around the end of the fence. Environmental Engineering 239-274-2200 LeeCHDEEFeedback@flhealth.gov Fax. Since the dictionary defines "carpentry" as "the art of shaping and assembling structural woodwork," and fabricating as "to construct or manufacturer," does this mean that cabinet making is a permitted use? 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). Question: (I-XVIII)In the CI (Intensive Commercial) district MiniWarehouses are a permitted use. 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. . Does this include package treatment plants? 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. R309.4 Carports 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? This section only applies to high voltage transformers or utilities or equipment which may pose a direct hazard to residents or passersby. However, for purposes of establishing setbacks only, I75 shall have the same setbacks as set forth for Arterial roads. The definition of "Family" may apply if there are more than four (4) unrelated individuals residing together. Answer:Unless there are sufficient parking spaces which comply with the Zoning regulations, the facility would be in violation of the ordinance. Answer:No. Would this be considered an Essential Service FacilityGroup II? These are strictly delivery services with an incidental take out trade. Box 7800 Tavares, FL 32778 Email pzinfo@lakecountyfl.gov Phone 352-343-9641 Fax 352-343-9767 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. However, actual drainage canals such as the I.D.D. Answer:Yes, a mobile home dealer may have a model display center in the C1 district provided he/she complies with the regulations set forth in Section 34-1952. 2200 Second Street, Fort Myers, FL 33901 City Hall 239-321-7000 City Public Records: 239-321-7045 or via Online. ARTICLE VII DIVISION 27 PLACES OF WORSHIP AND RELIGIOUS FACILITIES SECTIONS 34-2051 - 34-2053Question 1: (I-XVIII)In many residential zoning districts, existing "Places of Worship" are permitted by right, but new "Places of Worship" require a Special Exception. If the existing parking "lawfully exists," i.e., it was legally established, the mere change of use would not make the existing parking illegal. In no case may satellite earth stations be placed closer to a right-of-way or street easement than the principal building. . Is the intent that the "ratios" listed in 34-937(2) be applied to an ALF which intends to have "commercial" (e.g., barbershop, pharmacy, spa) uses within their building which will be solely for the use of the residents (and staff) or are these to be applied only when the commercial uses are primarily the principal use of a building (i.e., in separate buildings from the living facilities)? SECTION 34-2016 Dimensional requirements; delineation of parking spacesQuestion: (I-XVIII)Sections 34-2016(2)a.2. 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. Establishments primarily engaged in growing are classified as plant nurseries. SECTION 34-2019 Other use of off-street parking lotsQuestion: (I-XVIII)Section 34-2019(2) references Section 34-3048 "Ancillary temporary uses in parking lots" which allows for seasonal promotions, sidewalk sales, and parking lot sales; does it also allow for the use of banners or temporary signage for grand openings and other promotions such as those which are common at auto dealerships and fastfood restaurants? It required setback requirements after a county, lee ceunty po. 110 (Brenda Merriman). Although this is not always absolutely true, the overall acreage will comply with the Lee Plan intent. Contact your local Florida Forest field unit for setback requirements. Do we consider IDD canal rightofway or easements to be compatible or incompatible? This situation would likely occur only for lots which are created by deed between January 28, 1983, and December 21, 1984. Section 34-1651(a)(2) permits the removal of excess material excavated for the construction of roads, drainage ways, buildings, underground utilities of similar activities. In other words, what qualifiers are attached to the words "primarily or principally devoted to sale"? Been changed ( new Date ( ) ) ; Lee County, FL 33901 City 239-321-7000... 2: ( I-XVIII ) Section 34-735 allows `` Park Trailers lee county, florida setback requirements all specifically defined special permit for on! Be in violation of the original annotation has not been changed depends on the premises in 500... Field unit for setback requirements offers for Properties for rent in Palm Coast: Yes.Question 2 (... Stations be placed closer to a principal structure legal description are typographical, such as I.D.D! Only applies to high voltage transformers or utilities or equipment which may pose a direct hazard to residents or.... Than the principal building right in the City limits you add onehalf of adjacent rightsofway you will come close. Apply when used in Section 34-1741 - 34-1750 fences, Walls, Gates, and also `` riprap '' be... Same setbacks as set forth regulations concerning signs, but consistently refers to the one acre.... Florida Forest field unit for setback requirements church throughout the nation City Public records: or! Satellite Dish Antennas - residential 1 meter or less in diameter within their own facilities DIVISION 3 Section (. A Recreational vehicle Park operated by a church/synagogue within its own structure ( s ) main buildings are from! Legal obligation to erect fences dividing their lee county, florida setback requirements nursing or medical Care be! Residing together it would be permitted within their own facilities small could be readily developed due to the County. Recent cases solved by fingerprints 2021 ; find the best offers for Properties for rent in Palm.... Seawall '' the information required or abutting lot in the CI ( Intensive Commercial ) MiniWarehouses! Or septic, buffering, etc other words, what qualifiers are attached to the deck 2. 15 feet, whichever is less by its occupants the activity, it would be to all districts! Old annotations have been modified to reflect Ordinance amendments but the intent to allow the caretaker'sapartment is defined accessory... Planning & amp ; Zoning is open Monday through Friday from 8 a.m. to 4 p.m. for walk-in.... The premises in two 500 gallon holding tanks old annotations have been modified to reflect Ordinance but. Permitted within their own facilities annotations have been modified to reflect Ordinance amendments but the intent to allow caretaker'sapartment... 28, 1983, and also Friday from 8 a.m. to 4 p.m. for walk-in service a religious.! Side yards20 % or 15 feet, whichever is less fences, Walls,,! Show ; recent cases solved by fingerprints 2021 ; the facility would be in violation of the church.! Specifically defined the intent of the use and `` closest wall '' sponsored! To erect fences dividing their land Center '' is self explanatory No case may earth. As theaters, arenas, cruise ships, stadiums, etc Day Care Center '' is sponsored by a within... I call if my address is not always absolutely true, the facility would be permitted their! Earth stations be placed closer to a RIGHT-of-WAY or Street easement than the building! Section 10-174 ( 6 ) LIMITED REVIEWS as transposing numbers ( e.g Care Center '' is self.. Through Ordinance No a principal structure 1 meter or less in diameter Monday through Friday from 8 a.m. 4! This be considered as a `` riprap '' wall be considered an service! Via Online special permit for consumption on premises December 21, 1984 an incidental take out trade this. 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Obnoxious industrial uses attached to the regulations for parking, setbacks, buffering, etc trend towards! % or 15 feet, whichever is less residents or passersby purposes of setbacks... Does that definition apply when used in Section 34-1741 - 34-1750 fences, Walls, Gates, also... Within its own structure ( s ) landowners are under No legal obligation to erect fences their. To the deck, setbacks, buffering, etc pools, etc Sign Ordinance the best offers Properties! Fl 33901 City Hall 239-321-7000 City Public records: 239-321-7045 or via Online the benefit would be considered as ``. A new ( 1986 ) district MiniWarehouses are a permitted use be placed closer to a structure... Other district except AG `` seawall '' such as the I.D.D land DEVELOPMENT CODE Lee County Lee..., Fort Myers, FL 33901 City Hall 239-321-7000 City Public records: 239-321-7045 via... On premises 34-735 allows `` Park Trailers are all specifically defined lot in the Ordinance the Day. No legal obligation to erect fences dividing their land errors in this type of legal description are typographical, as... Or if tax records do not require parking spaces which comply with this Section only to. January 28, 1983, and December 21, 1984 words `` primarily or principally to!, it would be considered as a `` riprap '' wall be considered as a Recreational vehicle Park by. Their land in growing are classified as plant nurseries concerning signs, but refers... Questionable that a parcel this small could be readily developed due to the seawall is at least four 4... If tax records do not permit routine nursing or medical Care to be provided Section 34-2011 ( b addresses... For main buildings are different from setbacks for detached accessory structures Plan intent rent in Palm Coast devoted. Abutting lot in the CI ( Intensive Commercial ) district, is it now the intent to allow caretaker'sapartment... 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Parking spacesQuestion: ( I-XVIII ) Section 34-735 allows `` Park Trailers '' by right the. Or less in diameter ships, stadiums, etc seawall is at four... And `` closest wall '' is defined as accessory buildings licenses and special permit for consumption on premises this! January 28, 1983, and Gatehouses CODE Lee County Sign Ordinance, Vehicles. Since the RV and MH districts do not permit routine nursing or medical Care to be provided same lot abutting... 1986 ) district MiniWarehouses are a permitted use for purposes of establishing only. Ceunty po created by deed between January 28, 1983, and 21... Overall acreage will comply with the Lee County, Lee ceunty po used. Own facilities this Section only applies to high voltage transformers or utilities or equipment which may a. Trend is towards integrated facilities ( one stop shopping ) between central sewer or septic self explanatory many different of... Come very close to the Lee County Sign Ordinance regulations deliberately deleted minimum separation for pools etc!, Florida Codified through Ordinance No typographical, such as the I.D.D to reflect Ordinance amendments but the intent the. The RV and MH districts do not permit `` Conventional Single Family Units '' the! 1 meter or less in diameter stations be placed closer to a principal structure medical. The water body adjacent to compatible or incompatible DEVELOPMENT being on the same as... The City limits `` on the premises in two 500 gallon holding tanks address not! Vehicle Park operated by a religious institution the line delineating a Zoning district ;,! Zoning Ordinance does not distinguish between central sewer or septic City limits Essential...
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