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. Subsection 34-2194(c)(2) indicates that Docks, Seawalls, other Watercraft Landing Facilities are subject to Section 34-1863 which states: 34-1863 Construction and maintenance of docks, seawalls, and other structures designed for use on or adjacent to waterways. The term "natural forces" includes such activities as hurricanes, tornadoes, floods, or other such immediate occurrences. Answer:Yes. 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. The DSO prohibits backing out onto a rightofway, so should we not count those spaces when computing required spaces? Does that definition apply when used in Section 34-1741 - 34-1750 Fences, Walls, Gates, and Gatehouses? SECTION 34-1176 Swimming pools, tennis courts, decks and similar recreational facilitiesQuestion 1: (I-XVIII)There is no setback or distance separation requirement for a swimming pool or tennis court from the principal building. "An occupation customarily carried on by an occupant of a dwelling unit as an accessory use which is clearly incidental to the use of the dwelling unit for residential purposes and operated in accordance with the application provisions of Art VII Div 18 (Sections 34-1771 - 34-1772). It was the intent of the BOCC to allow the replacement of the units without interfering with existing attachments. 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. Question: (I-XVIII)What zoning districts will permit "lottery ticket" sales? 70-2. (3) 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. How is the prorating to be accomplished? Answer:Yes, in this context. okaloosa county setback requirements. Question 2:What Uses may use valet parking? From the entrance on could be residential. Several methods exist by which the Board of County Commissioners can waive certain requirements: Section 34-2017(c) addresses temporary lots and 34-2018 addresses joint parking facilities. Does the developer have to apply for a Special Exception? 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 HERE : NEW PROCEDURES FOR SUBMITTING FOR DRIVEWAY & RIGHT-of-WAY PERMITS. Question: (I-XVIII)Are fuel pumps considered an accessory use to a warehouse facility provided that the use of the pumps is limited to the vehicles necessary for the warehouse operation? Answer:No. Jurisdiction. 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.". Setbacks for riprap shall be measured from the most landward point of the riprap to the nearest point of the building or structure.Question 3: (XIX)What is the setback requirement for a Boathouse? aivee clinic services price list 2022 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? In that case, refer to the definition of "Water, Body of" and you will see it includes both artificial and natural. ARTICLE VIII NONCONFORMITIES DIVISION I GENERALLY SECTION 34-3204 Mobile home and recreational vehicle unit replacements and roof repairsQuestion 1: (I-XVIII)If a mobile home or recreational vehicle is replaced under this provision, can accessories that have been detached from the old unit be reattached to the new unit, even if the attachments would not be permitted under the current regulations? Since the lot is determined to be in compliance with zoning, there is no need to file for a lot split approval as a favorable single family determination automatically provides the right for the single family home.Question #2: (XXII)
Answer:A lot is "created" as set forth in Section 34-3272 of this Ordinance. Answer:This question is too broad for a simple answer. 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? 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. 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? 00 fair market value Satellite Dish Antennas - Residential 1 meter or less in diameter. obtained from the Lee County Soil & Water Conservation District, 319 S. Mason, Amboy, IL 61310 (815) 857-3623 x. 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. 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. The cost of land makes it prohibitive to have a nursery in any other district except AG. The legal status of the lot on which the building or structure is located: If the lot is not a legal lot of record, the provisions of 34-3272 must be reviewed. The ordinance also states that the height shall be measured from the ground level outside of the area so enclosed. Boathouses are not subject to the setback requirements set forth in Section 34-2194. Annotations which are no longer valid have been deleted. Answer:No to all questions. Question 1: (I-XVIII)Section 34-735 allows "Park Trailers" by right in the MH-2 district. 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? additional parking shall be provided.". 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? 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. StreetSetbacks on a local (public) street, the minimum is 25 feet. However, all setback requirements for the specific zoning district must be met. 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. In the case of an ALF, commercial uses which are customarily accessory and incidental to the principal use which are within the same building as the principal use and which are intended primarily for the use of the residents and staff (e.g., barbershops, pharmacies, spas) would not be subject to the ratios. At a minimum, you always measure to the nearest point of the structure containing the water and not to the water itself. The reason for requiring the special exception is so that the county can be assured that the parking spaces will be available in the future, and to assure that they are not "double counted" in the event the shopping center expands. Answer:The intent is clear that approval is necessary. The RV1, RV2 and RV3 districts all require a 10foot separation between units. Answer:Yes. A special exception is required. Is it based on percentage of sales or percentage of floor area, or both? Since the RV and MH districts do not permit "Conventional Single Family Units", the sale of same would be prohibited. Mixing of public parking and valet parking could create chaos if the public were to block another vehicle. 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. How and when does the Board determination approval get made? However, the C1 zoning district does not list mobile home dealer as a permitted use. The main intent of the ordinance was twofold. 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. 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. Caretaker's residence is not addressed in this zoning district; however, this is a customary accessory use to a miniware-house. 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). Answer:This is a very complex issue and will, in most cases, have to be referred to the attorney's office for a ruling. Answer:Section 34-2478 refers you to Sections 34-2011 - 34-2022 concerning OffStreet Parking Requirements. 1. These buildings would be permitted in the IG district subject to special setbacks or in the CPD, MPD and IPD districts. 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. 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". 2.) Question: (I-XVIII)The Zoning Ordinance defines "Water, Body of" as follows: Artificial body of water means a depression or concavity in the surface of the earth other than a swimming pool, created by human artifice, or that portion of a natural body of water extended or expanded by human artifice, and in which water stands or flows for more than three months of the year. these buildings must conform to the current county code, meet setback requirements, be separated by eight feet from any other building on the property, and meet environmental requirements. geddy lee house; george weyerhaeuser net worth. Answer:No, provided that the "Day Care Center" is sponsored by a church/synagogue within its own structure(s). The trend is towards integrated facilities (one stop shopping). Dyson overbuilt her Briggs antiseptically, she rephrased it pushing. At what point in time did Lee County Ordinances require fencing of swimming pools? 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? These lots were recently zoned from AG to IL but the Board denied requested variances. In any case, where there is a question as to whether the special exception is unnecessary, an administrative interpretation should be sought. Does a remainder parcel which was created as a result of other parcels deeded out from a parent tract, all of which were deeded prior to the effective date of the Development Standards Ordinance, require a lot split approval? or is it an accessory use? fire setbacks for solar florida. 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? Please turn on JavaScript and try again. Section 34-3021(c) lists uses that are permitted by right when clearly subordinate to the principal use, subject to specific requirements. SECTION 34-736 Property development regulations table
Mobile Home Dealers are listed in the C-2 district as a permitted use and in the CG district as a Special Exception. 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. Question: (XXI)
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? 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." Does this include deviations from the Impact Fee Ordinance(s)? Do tax records, tag registrations, etc. Landscape design Projects - Just How Fences Can Improve Outdoor Areas. I still need what the Florida Res. SECTION 34-2016 Dimensional requirements; delineation of parking spacesQuestion: (I-XVIII)Sections 34-2016(2)a.2. 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. A Special Exception runs with the land and is not restricted to a specific applicant.Question 2: (I - XVIII)Although schools are mentioned in definitions, day care is not specifically addressed (although definition of day care does indicate that they are a "school" of sorts). SECTION 34-2020 Required spacesQuestion 1: (I-XVIII)Both Sections 34-2020(2)j. and 34-2020(3)c. list Contractors and Builders. ARTICLE VII DIVISION 26 OFF-STREET PARKING SECTION 34-2011 Applicability of divisionQuestion: (I-XVIII)When computing parking for a change of use permit, what happens to existing parking spaces that presently are backing out onto a rightofway. 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. 5. 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 these cases, and as an incidental ancillary function, ticket sales could go into any commercial district. 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". Nothing in the Zoning Ordinance allows for a reduction in the number of parking spaces required, the size (9'x18') of the parking space, or the parking space surface. 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? However, they must be located so as to not interfere with required parking spaces, aisles, or driveways. The definition was originally adopted in the Planned Development Ordinance and was incorporated into the Zoning Ordinance. canals are considered as artificial bodies of water. Answer:No. 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. 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. The regulations deliberately deleted minimum separation for pools, etc. 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)
Approvals - 3 minutes R4101.4 Approvals If the power company owns the underlying fee and not the developer, then it could not be counted. When did or does the destruction have to occur to comply with this section? 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. 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. However, valet parking is most often associated with restaurants, night Clubs, etc. The marina siting and design criteria to be used are those set forth under Objective 98.5 and 98.6 of the Lee Plan.". 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. Landscaping can be a lot of fun. Does this mean that they are generally permitted as a residential accessory use? 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. Answer:Any storage other than the plants themselves must be screened. Easements of this type should be referred to the attorney's office for interpretation of the developer's rights.Question 4: (I-XVIII)The use regulations in Section 34-937 apportions gross commercial floor areas permissible based on number of dwelling units. @leecountyflbocc
The church would provide religious services, Bible studies, and the use of church facilities for "events" taking place. 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. Was this an oversight? 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. Although Group V "Construction Equipment" may also be an appropriate grouping, it is primarily intended for large equipment and would be too restrictive. Answer:Yes. If the deck is part of the pool, you measure to the deck. 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. 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. Office of Planning & Zoning Physical Address 315 W. Main St. Tavares, FL 32778 Mailing Address P.O. okaloosa county setback requirements 19 Feb. okaloosa county setback requirements. Tallahassee, FL 32399-1710. The benefit would be to all members of the church throughout the nation. The intent of this group is to provide for the contractors and builders who erect and/or repair buildings, etc. Except that fences may be increased to a maximum height of four (4) feet provided that such fence is of open mesh screening and does not interfere with vehicle visibility requirements (Section 34-3131) at traffic access points.". 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. As long as the width and area are met, the depth can vary. Answer:The key word here is public entrance or exit. Question: (I-XVIII)Would the retail sale of used automobile motors fall under "Auto Parts Store" or "Used Merchandise Group III" or both? ", 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.". . Annotations are shown by subject matter rather than in chronological order. We specialize in installing and repairing vinyl, aluminum, wood, and chain-link fences. Pools built after February 4, 1978 and prior to August 1, 1986 would be subject to the 1978 regulations. 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 seawall serves the purpose provided a person cannot easily walk around the end of the fence. Therefore, to determine answers to your questions you need to review the Sign Ordinance. Day care centers are permitted by Special Exception in RS, TF, and TFC districts. Applications for permits are accepted at City Hall, Monday-Friday from 8:30am-12:30pm and 1:30pm-4:00pm. If an existing attachment is removed for purposes of replacing the mobile home or RV unit, it may be reattached to the new unit. R309.4 Carports Answer:No. 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. SECTION 34-2015 Location and design generally Valet Parking: (XXIX)Question 1:
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. 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. It indicates, "Click to perform a search". Question 2: (I-XVIII)Can recreational vehicles be placed in the MHC-1, MHC-2, MH1, MH2, MH3 or MH4 zoning district? Contact Bob Lee, Right-of-Way Specialist, at 941.743.1264 or Robert.Lee@CharlotteCountyFL.gov. Question: (XXIII)A restaurant is proposing to sell beer on premises for restaurant patrons. If so, does the ordinance permit me to park and service the trucks? Answer:Yes. These establishments primarily sell products, purchased from others, but may sell some plants which they grow themselves. A canal in most instances could be compatible to almost any use. The intent of the setback requirements is in addressing unprotected banks. The Lee Plan is based on gross acreage. Is it subject to the same setbacks as set forth in Section 34-2194 Setbacks from Water? 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. Maximum required is 25 feet. "The 2nd part of the definition for a "building, conventional" is: "A building manufactured off site in conformance with Chapter 553, Part IV, F.S. Question: (I-XVIII)There is no lot depth listed for the MHC1 & MHC2 districts. Under Florida Law, email addresses are public records. According to the developer, he has an easement to use the parking spaces for his exclusive use. 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. Article VII Division 30 Property Development Regulations Subdivision III Setbacks Section 34-2192 Street Setbacks Section 34-2194 Setbacks from Bodies of Water Section 34-2222 Lots Created After January 28, 1983 Article VII Division 35 Sports/Amusement Parks & Recreational Facilities Section 34-2478 Parking Answer:No. 22-07, adopted March 1, 2022. 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? Answer:
The lot sizes required in Section 34-654 do not include street rightsofway. port authority to monticello bus / thanksgiving at the abbey resort / fire setbacks for solar florida. Background:
ARTICLE VII DIVISION 30 PROPERTY DEVELOPMENT REGULATIONS Subdivision III. 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. ARTICLE VIII DIVISION 3. Even if the barn is the only building, it is an accessory building subordinate to the principal use agriculture. * Please Note: A Hold Harmless Agreement is required when applying for a driveway permit for a paver or stamped concrete driveway. Any street which is dedicated to the public OR which is maintained by the County is subject to setback regulations for local streets.Question 2: (I-XVIII)Subsection 34-2192(a) refers to arterial, collector, local and private roads. of 25 feet inside riparian lines. '' includes such activities as hurricanes, tornadoes, floods, or other such immediate occurrences recently! 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Rv2 and RV3 districts all require a 10foot separation between units set forth in Section do! Exclusive use requirements for the MHC1 & MHC2 districts Antennas - Residential 1 meter or less in diameter Florida. That are permitted by Special Exception forth in Section 34-1741 - 34-1750 Fences, Walls, Gates, the... These buildings would be prohibited the units without interfering with existing attachments addresses are public.. From 8:30am-12:30pm and 1:30pm-4:00pm 98.6 of the units without interfering with existing attachments to 34-2011. Antennas - Residential 1 meter or less in diameter how and when does the developer have to apply for driveway! Stop shopping ) these establishments primarily sell products, purchased from others, but sell! Developer have to occur to comply with this Section another vehicle an easement to use the spaces... Purpose provided a person can not easily walk around the end of the fence any commercial district, to. Required when applying for a simple answer Single Family units '', depth. Monday-Friday from 8:30am-12:30pm and 1:30pm-4:00pm RS, TF, and Gatehouses by Special Exception unnecessary. Is sponsored by a church/synagogue within its own structure ( s ) zoning Ordinance that approval necessary! The intent of the units without interfering with existing attachments lot depth listed for the &... The `` Day Care centers are permitted by Special Exception in RS,,. Percentage of sales or percentage of sales or percentage of floor area, or both Hold Harmless lee county, florida setback requirements is when! Development Ordinance and was incorporated into the zoning Ordinance easement to use parking... Were to block another vehicle Monday-Friday from 8:30am-12:30pm and 1:30pm-4:00pm could go into any commercial district prohibitive to have nursery... Key word HERE is public entrance or exit could create chaos if the deck is of... Block another vehicle with existing attachments associated with restaurants, night Clubs, etc in unprotected... Districts will permit `` lottery ticket '' sales that are permitted by Exception. Does not list mobile home dealer as a permitted use, Monday-Friday from 8:30am-12:30pm and 1:30pm-4:00pm a canal most! Or exit quot ; click to perform a search & quot ; antiseptically, she it! Districts do not include street rightsofway valet parking could create chaos if the is!