ARTICLE VIII DIVISION 3. Mailing Address. Answer:Yes. The ordinance also states that the height shall be measured from the ground level outside of the area so enclosed. Parking for other facilities is calculated based on Section 34-2011 - 34-2022 requirements. 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. Section 34-3021(c) lists uses that are permitted by right when clearly subordinate to the principal use, subject to specific requirements. Question: (XXI)
Manufacturing of wood cabinets is specifically listed under Section 34-622(c)(26) Lumber and Wood Products, Manufacturing Group II. 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. 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 34-3272(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". Is it a scrivener's error that they aren't also allowed in the MHC1 and MHC2 Districts? The Board did not discuss wood lattice fences but it is doubtful that a wood lattice fence would be in keeping with the Board's intent.Question 3: (I-XVIII)Subsection 34-1744(b)(1) states that "in residential areas, any fence or wall located between a street rightofway or easement and the minimum required street setback line, shall not exceed three (3) feet in height. Caretaker's residence is not addressed in this zoning district; however, this is a customary accessory use to a miniware-house. Navigate. 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). Answer:Yes. The Lee County Board of Commissioners enacts this chapter under the exercise of powers conferred upon it by the Georgia State Constitution, Article IX, Section II, Paragraph IV, Planning and Zoning. Answer:Yes. "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. 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. 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. Answer:Park Model units (synonymous with Park Trailers) are permitted in the MH2 district only. Answer:There is no clear way to prorate use, and every case may be different. It should also be remembered that the definition does not permit routine nursing or medical care to be provided. The buildable area of this 50 x 80 foot lot is 30 feet wide by 30 feet deep. Although Group V "Construction Equipment" may also be an appropriate grouping, it is primarily intended for large equipment and would be too restrictive. In this case, 20% of 50 feet equals two side yards of 10 feet each.
Answer:With the exceptions of streets, and bodies of water, any "easement" across private land may be included in calculating setback distance. The "round three" amendments removed the inconsistency from the ordinance.Question 2: (I-XVIII)Section 34-1174 states that accessory structures cannot be built in easements where there are such prohibitions; but, are there any setbacks between the easement and the structure or can the structure be built right up to the easement line? require a parking block to be 2 feet from the end of the parking space. Answer:Yes. This created an unfair situation for property owners electing to set their residence further back from the street than required by the minimum setback. 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:No. They do not meet the definition of a restaurant as there is no provision for food consumption on the premises. 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. Quick Links. 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.". Answer:It would be considered as a recreational vehicle park operated by a religious institution. 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 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. A review of the permitted uses will also show that bulk storage of petroleum is not a permitted use. 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. Pools built after February 4, 1978 and prior to August 1, 1986 would be subject to the 1978 regulations. Although this is not always absolutely true, the overall acreage will comply with the Lee Plan intent. Residential Permit Application Requirements Residential Permit Application Requirements Single Family/Duplex COMPLETED APPLICATION - Get the application . Annotations are shown by subject matter rather than in chronological order. 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. Question: (I-XVIII)What Use Activity Group and what zoning districts allow organizations to conduct "Bingo" activities? R309.4 Carports Lot 104 typed as Lot 140), or omitting a Block, Unit, or Building number. Does this include a service or employees only entrance/exit or only customer entrance/exits? Under the provisions of Section 34-32754, if the lots exceed 4,000 square feet with minimum 40 x 75 foot dimensions, and if the property is currently zoned for commercial or industrial use, then it can be used and the owner is not required to combine them However, the owner must be able to comply with the setback requirements set forth in Section 34-3275(1), as well as provide room for the use anticipated, including open space, parking access, surface water management, and buffers where required. 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. 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? 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. The seawall serves the purpose provided a person cannot easily walk around the end of the fence. This includes landing/unloading docks for boats as well as fuel pumps, icehouses, necessary conveyer belts, boat lifts, and similar boat service facilities. Would this be considered an Essential Service FacilityGroup II? February 27, 2023. In which zoning district(s) would this type of use be permitted? perform an average rear/front setback for your neighbor. 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.". 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, would not normally offer valet parking.Question 3:Does the use of Valet Parking reduce the number of parking spaces required or whether or not paving is required? The word beverage in the definition of "Restaurant, Standard" is a more general term whereas in the definition of "Bar or Cocktail Lounge" a more specific type of beverage is defined. . (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."). 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 a Place of Worship was approved by Special Exception, and later moves to another location, can it rent/sell its former facilities to another Place of Worship without the new Place of Worship obtaining a Special Exception? However, RV1 and RV2 allow a 12 inch encroachment. 850-245-4240.
However, it could be incompatible when adjacent to a tot lot or other recreational facility where children could be exposed to a hazard if proper precautions are not provided (such as a high fence, etc. @leecountyflbocc
Is it included so that establishments which are akin to a "juice bar" or a "soda fountain" would be included within that definition? ARTICLE VI DIVISION 6 COMMERCIAL DISTRICTS SECTION 34-843 Use regulations table. Section 34-2018(a) specifically states that if not part of a planned development, then a special exception is required. It is questionable that a parcel this small could be readily developed due to the regulations for parking, setbacks, buffering, etc. If the deck is part of the pool, you measure to the deck. (1) Any public drainage and utility easement. 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. However, for purposes of establishing setbacks only, I75 shall have the same setbacks as set forth for Arterial roads. 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." However, the dictionary defines "primary" as "of first rank, importance, or value.". We specialize in aluminum, chain link, vinyl, andwood fencingsystems. 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. These buildings would be permitted in the IG district subject to special setbacks or in the CPD, MPD and IPD districts. ARTICLE VII DIVISION 30 PROPERTY DEVELOPMENT REGULATIONS Subdivision III. Although not specifically addressed, since this a new (1986) district, is it now the intent to allow the caretaker'sapartment? Answer:No. 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. 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. . Environmental Engineering 239-274-2200 LeeCHDEEFeedback@flhealth.gov Fax. 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. Vehicles which are licensed for highway use are not considered equipment, if they are used by a resident of the dwelling unit, i.e., each resident who uses a commercial vehicle is permitted to drive it home and park it, although repair or servicing a commercial vehicle or equipment in a residential district is not allowed. 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? ARTICLE VII DIVISION 24 MODEL HOMES, UNITS AND DISPLAY CENTERS SECTION 34-1954 Model homes and model unitsQuestion: (I-XVIII)Section 34-1954(B)(2) requires all model homes be connected to water, sewer and electricity. Answer:Yes, the intent of that wording was to allow buildings and structures which are used to service boats to be placed close to the water. Carlos Machado Sociology Student (B.A. It indicates, "Click to perform a search". Other regulations may or may not indicate otherwise however. The remainder parcel was created when all the other lots were deeded prior to the effective date of the Development Standards Ordinance. 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. This group includes the most potentially obnoxious industrial uses. Sewage plants listed as Essential Service Facility Group II were intended to mean facilities serving more than one project. If the power company reserves the right to approve or reject any other use of the property, then it would depend on whether or not the power company will allow any of the open space uses. 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. ARTICLE VII DIVISION 18 HOME OCCUPATIONS SECTION 34-1772 Permitted uses; operationQuestion 1: (XXI)May I operate a trucking company in my home as a home occupation? How would the required number of parking spaces be determined? 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