The required setbacks may be reduced when 40% or more, on a front foot basis, of all lots or NONCONFORMING BUILDINGS AND USE OF BUILDINGSSECTION 34-3241 Nonconforming buildings and structuresQuestion: (I-XVIII)Section 34-3241(B) states that a "nonconforming structure damaged by fire or other natural forces may be reconstructed at, but not to exceed, the lawful density and/or intensity existing at the time of destruction; provided, however, that the reconstruction of said structure is consistent with federal, state and local regulations and all other provisions of this Ordinance." (3) Answer:Yes. When did or does the destruction have to occur to comply with this section? Therefore, if the treatment plant is designed, used, or intended to serve several developments, OR if not on the same premises (see definition for "Premises, on the Same") as the project it is serving, it would require a special exception. 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. 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? Contact the Water Programs. If not, what district would permit it? ARTICLE VII DIVISION 36 STORAGE FACILITIES AND OUTDOOR DISPLAY OF MERCHANDISE SECTION 34-3005 Storage facilitiesQuestion: (I-XVIII)Section 34-3005(B) "Storage, Open" requires outofdoor storage areas to be "shielded behind a continuous visual screening at least eight (8) feet in height when visible from a residential use or residential zoning district, and six (6) feet in height when visible from any street rightofway or street easement.". 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. AskEH@flhealth.gov. Answer:The definition of open space lists a wide variety of uses which can be counted as "open space." Furthermore, Section 34-1178 specifically addresses guesthouses; and Section 34-3 states the standard rule of statutory construction is that "the particular shall control the general.". Answer:Section 34-935(b) supersedes Section 34-1174. Such enclosures for single family dwelling swimming pools shall not be less than four (4) feet in height, and for all other uses covered by this Section the enclosures shall not be less than five (5) feet in height. New Places of Worship require Special Exception. In addition, and for purposes of Section 34-2222 only, a lot is considered "created" if it was part of a proposed subdivision or other development which had received formal county approval prior to the effective date (January 28, 1983) of the Development Standards Ordinance and subsequently was formally exempted from the provisions of said Ordinance, in accordance with Section B.1.b. The Zoning Ordinance does not set forth regulations concerning signs, but consistently refers to the Lee County Sign Ordinance. Answer:Yes. The approved fencing or wall which runs perpendicular to the seawall extends to the outer (water side) edge of the seawall; and. They have been revised to reference the Land Development Code. The second paragraph of Section 34-3241(B)(2) exempts lawfully existing singlefamily residences and mobile homes from the above concerns by allowing replacement (if the new unit is no larger in area, width and depth than the unit being replaced) in the exact location of the original. Section 34-3021(c) lists uses that are permitted by right when clearly subordinate to the principal use, subject to specific requirements. geddy lee house; george weyerhaeuser net worth. Was this an oversight or can the lot depth vary, so long as the total lot area is met? Some of their activities may involve packaging and repackaging of drugs and/or cosmetics or some manufacturing of their research/development products. Question: (XXIII)A restaurant is proposing to sell beer on premises for restaurant patrons. Because of the wording of the section, i.e., "barbed wire, spire tips, sharp objects or" the intent was and remains to prohibit these dangerous types of fences except where specifically stated to the contrary. The 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? 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. Activities That Do NOT Require a Burn Authorization. However, all setbacks must also be complied with. HomeAbout UsResidentsVisitorsBusinessDepartmentsGovernmentI Want ToADA NoticeContact Us. Answer:Yes. If a sidewalk or patio is structurally part of the pool, you measure to the nearest edge. 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). Office of Planning & Zoning Physical Address 315 W. Main St. Tavares, FL 32778 Mailing Address P.O. We specialize in installing and repairing vinyl, aluminum, wood, and chain-link fences. The only additional provisions concerning height of decks applies to screen enclosures.Question 4: (XIX)Section 34-1176(c) provides: Every swimming pool shall be enclosed by a fence, wall, screen enclosure or other structure, not less than four (4) feet in height, constructed or installed so as to prevent access to the pool by persons not residing on the property. 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? Answer:There is no clear way to prorate use, and every case may be different. SECTION 34-1748 Enclosure of high-voltage transformers and other utility equipmentBackground:Section 34-1748 requires all substations or equipment of potential hazard to residents or passersby not otherwise protected shall be enclosed by a chainlink fence not less than eight feet (8') in height and topped with three strands of barbed wire. R309.4 Carports Question #1: (XXII)Does a favorable single family determination pursuant to the Lee Plan exempt a property owner from having to obtain a lot split approval under the DSO? The emphasis is on About Eagle Fence Founded in 1987, Eagle Fence Corp is a family owned business serving all of Southwest Florida. 2.) Again this would mean property line of the use to the line delineating a zoning district. 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. If the existing parking "lawfully exists," i.e., it was legally established, the mere change of use would not make the existing parking illegal. Gov. Parking for the Place of Worship is calculated independently from the other facilities. Answer:No to all questions. Shouldn't this also say that they must be approved by the Director? Kathy Hochul's administration appealed Neri's ruling on the lawsuit, which was filed by several health workers who cited, in part, religious objections to receiving the shot. 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. A canal in most instances could be compatible to almost any use. These buildings would be permitted in the IG district subject to special setbacks or in the CPD, MPD and IPD districts. 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, In the past, the front of the building established the point where fence height had to be lower. Find Us On Social Media: The second alternative is Section 34-622(c)(39) "RENTAL OR LEASING ESTABLISHMENTS Group IV Construction Equipment, Trucks", if leasing is the primary emphasis. Is it subject to the same setbacks as set forth in Section 34-2194 Setbacks from Water? Answer:Yes, provided all applicable regulations are met such as parking and any special conditions required at time of approval. 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. This type pump should not be confused with "selfservice fuel pumps" which are available to the general public. 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. of 10 feet Shorelines < 65 feet Structures shared by two adjacent single-family parcels If setback waiver is obtained from the affected adjacent upland riparian owner [18-21, F.A.C.] Therefore the minimum setback applies to either.Question 2: (I-XVIII)Section 34-2194(c) specifically references required setbacks from "seawalled" bodies of water. 110 (Brenda Merriman). Section 34-935(b) is one of these instances where a specific regulation exists which supersedes Section 34-1174.Question 6: (I-XVIII)If a barn or stable is constructed on agriculturally zoned property before a residence, and then a residence is built, is the residence an accessory or principal use and which regulations would apply? Also, retention ponds are addressed under Section 34-1651(b) Excavation for purpose of water retention.Question 2: (XXV)Can excavated materials be moved from an abutting parcel or parcels to another abutting parcel (all under the same ownership) for use in road construction? Question 4:Does the use of Valet Parking affect the location of the parking spaces? 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. Contact your local Florida Forest field unit for setback requirements. However, the term "roofover" shall not be interpreted to mean any roofed structure or contrivance which is support by members attached to, or otherwise setting directly on, the ground. Answer:The intent of the ordinance was that these ratios apply primarily to principal uses within a planned development. Question: (I-XVIII)Would the retail sale of used automobile motors fall under "Auto Parts Store" or "Used Merchandise Group III" or both? The RV1, RV2 and RV3 districts all require a 10foot separation between units. Group IV of Section 34-622(c)(48) Stone, Clay, Glass and Concrete products, manufacturing, has not been included as a permitted use in the IG district. A barn would be considered accessory to a farming or agricultural use on the same premises. The benefit would be to all members of the church throughout the nation. Does "sewer" include septic tanks? To allow construction of higher fences from the minimum street setback back to the rear lot line for privacy. Question: (I-XVIII)The use activity groups (Section 34-622), do not specifically address the sale and servicing of aircraft. A Home Care Facility is defined as: "A conventional residence in which up to three (3) unrelated individuals are cared for but without provision for routine nursing and/or medical care.". Click on the link in the Table of Contents to go directly to that topic. However, in the current regulations the provision was omitted. 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? 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. The regulations deliberately deleted minimum separation for pools, etc. City of Fort Myers, Zoning (GIS Map) City Development Activity Map. SECTION 34-616 Rules for interpretation of district boundariesQuestion:How would the development regulations apply, in instances where a lot is split by two or more zoning districts? 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? Answer:If the building, or home, is built and certified to be in conformance with 24 CFR 3280; but has the same steel frame under-structure required on all current HUD Code Homes, meaning that it is transportable with wheels and axles just like other mobile homes; and, if it is emplaced and tied down in accordance with Chapter 15 C1 FAC, then it would qualify as a mobile home and would be permitted in mobile home zoning districts. No. However, this particular question was recently addressed by the Board of County Commissioners. Question 6:Where a parking facility offers both public parking and valet parking, if the public portion fills up and portions of the valet parking area are still vacant, can the public use the valet parking area? As such they need to be reviewed on a casebycase basis as planned developments. 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. Fuel pumps which are solely for the use of private establishments and their vehicles are considered an accessory use. In this case, the potential impact of the recreational park on surrounding land uses and the infrastructure of the area warrants that the project be properly reviewed as a recreational vehicle park. Background:A model display center, as defined (Section 34-1952), and open storage are listed as permitted uses in the C1 zoning district. What is the setback from artificial bodies of water? Question: (XXI) Answer:It would be considered as a recreational vehicle park operated by a religious institution. Employment. 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. Setback requirements for main buildings are different from setbacks for detached accessory structures. The mandate. Answer:Yes. 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." Please turn on JavaScript and try again. 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? 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 ". The wording in Section 34-1204(b) states "from any district which allows residential uses." Question 2: (I-XVIII)Can recreational vehicles be placed in the MHC-1, MHC-2, MH1, MH2, MH3 or MH4 zoning district? Salt destruction or termites fall under the classification of normal war and tear. However, the Lee Plan Rural and Open Land use categories require one (1) acre. okaloosa county setback requirements. Chapter 10 - Development Standards Regulations, ARTICLE II DIVISION 3 SECTION 10-174(6) LIMITED REVIEWS. Answer:Compatible or incompatible to what? Pools built after August 1, 1986 are subject to the 1986 regulations.Question 5: (XXII)Section 34-1176(c)(1) requires "every swimming pool, hot tub, spa, or similar facility to be enclosed by a fence, wall, screen enclosure or other structure, not less than four (4) feet in height, constructed or installed so as to prevent unauthorized access to the pool by persons not residing on the property." SUBDIVISION II MINING SECTION 34-1679 Renewal of permitQuestion: (I-XVIII)The way Section 34-1679(c) is worded, permits can be modified merely by making application to the Director. Answer:Fuel pumps do not require parking spaces. Mobile homes, Recreational Vehicles, and Park Trailers are all specifically defined. Packaging or repackaging of materials which does not chemically or physically alter the composition of an item is permitted under "Processing and Warehousing." The top of the seawall is at least four (4) feet above the bottom of the water body adjacent to the seawall. "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. Suite 301 812 E. James Lee Blvd.\rShalimar , FL 32579 . ARTICLE VII DIVISION 3 ADULT ENTERTAINMENT, ADULT BOOKSTORES AND MASSAGE PARLORSSECTION 34-1204 Prohibited locationsQuestion 1: (I-XVIII)Please clarify how the distance measurements are to be made from what to what? In all cases reasonableness should apply. As long as the width and area are met, the depth can vary. additional parking shall be provided.". The minimum required setbacks set forth in Sections 34-2191 to 34-2196 apply to all zoning districts. R4101.3 Mechanical requirements. The intent is to provide adequate parking for reasonably anticipated peak use. Under Florida Law, email addresses are public records. 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. ARTICLE VII DIVISION 12 DENSITYSUBDIVISION II. Carlos Machado Sociology Student (B.A. Lee County Clerk's Office. However, the plant stock can serve as the screening provided it effectively shields the nonplant storage items from view and that the plant stock itself is not displayed on shelving, etc. This word was specifically inserted by the Board of County Commissioners to exclude entrances not used by the public.Question 2: (I-XVIII)Does the requirement for either administrative approval or a special exception (as appropriate) to sell alcoholic beverages for consumption onsite apply to restaurants which sell alcoholic beverages? However, the Health Department may have had regulations for commercial pools. Is it a scrivener's error that they aren't also allowed in the MHC1 and MHC2 Districts? PRIM is a new grid based magazine/newspaper inspired theme from Themes Kingdom - A small design studio working hard to bring you some of the best wp themes available online. In the past, they were considered accessory uses to a permitted use. 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