lee county, florida setback requirements

(Ord. Background: The definition of "Place of Worship" includes "church/synagogue ministries involving classes for 100 or less children during the week, and other church/synagogue sponsored functions, which do not exceed the occupancy limits of the building.". Every aboveground swimming pool shall fulfill either the fencing requirements for inground swimming pools, or shall be constructed or installed so as to permit access thereto only by a gate. 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 mandate. 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. 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. additional parking. However, RV1 and RV2 allow a 12 inch encroachment. The lots to not meet the requirements for IL but do exceed the nonconforming minimum size of 4,000 square feet and 40 x 75 foot dimensions. Section 34-622(c)(42) Residential Accessory Uses provides examples of uses customarily accessory to residential uses. Lee County GIS. Are there any water setback regulations? A church would like to provide RV facilities on their property for use of the church members. The term "natural forces" includes such activities as hurricanes, tornadoes, floods, or other such immediate occurrences. Answer:Yes. 62-610.471 : Setback Distances - Florida Administrative Rules, Law, Code, Register - FAC, FAR, eRulemaking Rule: 62-610.471 Prev Up Next Latest version of the final adopted rule presented in Florida Administrative Code (FAC): History of this Rule since Jan. 6, 2006 The definition of a marina specifically excludes "docks, davits, boathouses and similar facilities appurtenant to a residential land use providing only docking or mooring." Please turn on JavaScript and try again. 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. 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. Under Florida law, adjoining landowners are under no legal obligation to erect fences dividing their land. . 239-274-2201 Mailing Address. 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. Was this a scrivener's error? 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? All Rights Reserved. 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. Question: (I-XVIII)Can an existing marina in a C1-A, C1, C-2, C-2A, CG, or CT district be expanded? Therefore, if a Place of Worship is running the activity, it would be permitted within their own facilities. Fax. You can not go back to the IBC and mix it with IRC, unless you are referenced to it. No. SECTIONS 34-2222 Lots created after January 28, 1983Question: (I-XVIII)In referring to "lots," what does the term "created" mean? This type pump should not be confused with "selfservice fuel pumps" which are available to the general public. What does BTR mean? Compounding the problem are issues including: Assuming that the lot is a legal lot of record, the use is a permitted use, and that there are no federal, state or local regulations prohibiting reconstruction, the provisions of Section 34-3241(B) AND 34-3203 are reviewed. give the unit size? Answer:No. Answer:There is no clear way to prorate use, and every case may be different. The area used for valet parking must be clearly marked and not accessible to the public. The definition of marina refers to the term "boats." 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. Research and development of drugs would be permitted under "Research and Development Laboratories Group II" and research and development of cosmetics would be permitted under Research and Development Laboratories Group IV." Answer:No. 3. 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. Unless specifically exempted, all accessory nonresidential buildings and structures must comply with the minimum buffering requirements when abutting any district other than commercial or industrial.Question 5: (I-XVIII)The setback requirements for accessory structures or buildings appears to conflict with the requirements of Section 34-935(b) concerning setbacks from development perimeter requirements for Planned Developments. Can an individual obtain an occupational license for a day care on church property or must the church itself obtain the occupational license? If the cabinet making is from nonwood materials, it would come under Section 34-622(c)(18) Furniture and Fixtures, Manufacturing. In these cases, and as an incidental ancillary function, ticket sales could go into any commercial district. 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. Answer:Any storage other than the plants themselves must be screened. csfa league table. Read More Our Fences SECTION 34-412 Deviations from general zoning regulationsQuestion: (I-XVIII)Sections 34-412(a) and (b) indicate that in the process of obtaining Planned Development Approval, deviations from the Zoning Ordinance or any other land development regulation or code may be permitted under certain conditions. Question 1: (I-XVIII)Section 34-735 allows "Park Trailers" by right in the MH-2 district. 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. 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. However, this section would not apply to a retention pond or retention pond required for surface water management, which are not similar to the above activities. If a singlefamily residence was legally constructed closer to the street than is now permitted, does the fence still have to be restricted to three (3) feet [or four (4) feet, as applicable] in height from the rightofway or easement to the minimum required setback line? 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. geddy lee house; george weyerhaeuser net worth. Contact your local Florida Forest field unit for setback requirements. Would a "riprap" wall be considered the same as a "seawall"? aivee clinic services price list 2022 (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. Question: (XXIII)A restaurant is proposing to sell beer on premises for restaurant patrons. Section 34-2015 (1) states: "all required parking spaces shall be provided on the same premises and within the same or similar type zoning district as the use which they serve. 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. Question: (XXI) This created an unfair situation for property owners electing to set their residence further back from the street than required by the minimum setback. The trend is towards integrated facilities (one stop shopping). Answer:The term "or beverages" was included for the reason you indicate to cover "juice bars, soda fountains, and other similar establishments." 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. 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? 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. Question 2: (I-XVIII)Can recreational vehicles be placed in the MHC-1, MHC-2, MH1, MH2, MH3 or MH4 zoning district? 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." AskEH@flhealth.gov. Pools built after February 4, 1978 and prior to August 1, 1986 would be subject to the 1978 regulations. You can also talk to a plans examiner at the permit center who Answer:In most, if not all cases, lottery ticket sales will not be the primary use of the property. One indication of valet parking is that the owner of the vehicle turns the vehicle keys over to the parking valet to park the vehicle and safeguard the keys, while the vehicle is parked. However, the Health Department may have had regulations for commercial pools. Salt destruction or termites fall under the classification of normal war and tear. 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. The main intent of the ordinance was twofold. Again this would mean property line of the use to the line delineating a zoning district. Answer:This depends on the type of operation. Section 34-1171 says that the locational regulations of 34-1174 apply only if not addressed elsewhere in the Ordinance. 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). and b.1. About Eagle Fence Founded in 1987, Eagle Fence Corp is a family owned business serving all of Southwest Florida. 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 ". Quick Links. Landscaping uses many different sorts of fencing, and also . From the entrance on could be residential. Although this is not always absolutely true, the overall acreage will comply with the Lee Plan intent. Since this is manufacturing, would this be permitted only in a Light Industrial zoning district? ARTICLE VI DIVISION 6 COMMERCIAL DISTRICTS SECTION 34-843 Use regulations table. 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. Answer:Not quite. Bureau of Environmental Health, Water Programs. Since the RV and MH districts do not permit "Conventional Single Family Units", the sale of same would be prohibited. (2) Any required front yard setback. Subsection (3) says "when the use of a building is changed to a different conforming use which is required to have more parking than is presently provided, the Such uses shall be conducted entirely within the dwelling unit or customary accessory building. Answer:The Ordinance does not specifically define "primarily." Answer:Yes. of 25 feet inside riparian lines. The regulations deliberately deleted minimum separation for pools, etc. - Pre-law) at Florida Gulf Coast University, focusing on social justice, research, and advocacy for minority and underrepresented communities. Lee County Clerk's Office. 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? 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. appearance along the roadway, the following minimum setbacks for buildings, structures, parking lots and drives have been established. 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. 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? Section 34-2015(1) Location and Design Generally requires that "except for parking lots zoned CP or as provided in section 34-2018, all required parking lots shall be provided on the same premises and within the same or similar type zoning district as the use which they serve.". In all cases reasonableness should apply. Answer:No. 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. Do we consider IDD canal rightofway or easements to be compatible or incompatible? Answer:Yes. In essence, with the exceptions provided for singlefamily residences and mobile homes, any nonconforming structure can be replaced exactly as it was (in relationship to the particular requirement which made it a nonconforming structure) but all other provisions must be adhered to, such as parking, buffering, height, bulk or other dimensional requirements. Answer:This question is too broad for a simple answer. Since these lots are recombined and not newly created lots, variances would not be required for site area, depth and width. Landscape design Projects - Just How Fences Can Improve Outdoor Areas. In some cases old annotations have been modified to reflect ordinance amendments but the intent of the original annotation has not been changed. 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)? 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). The buildable area of this 50 x 80 foot lot is 30 feet wide by 30 feet deep. (or Chapter 9B1 FAC), subsequently transported to its site complete or in modules and fixed to its own foundation with no intention to relocate. 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. Answer:No. ARTICLE IV DIVISION 3 DESIGN STANDARDS City of Orlando - Setback Requirements Sec. At what point in time did Lee County Ordinances require fencing of swimming pools? Which regulation is correct? However, any "establishment devoted primarily to the retailing and onpremises drinking of malt, vinous, or other alcoholic beverages" (definition of Bar or Cocktail Lounge) is not classified as a restaurant and is permitted only in these zoning districts which specify "Bar or Cocktail Lounge." Answer:No. All activities must be setback a min. okaloosa county setback requirements. Gov. However, the Lee Plan Rural and Open Land use categories require one (1) acre. 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? 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. Created lots, variances would not be confused with `` selfservice fuel pumps '' which are available the. Annotation has not been changed regulations for commercial pools Conventional Single family Units '', the Lee Plan Rural Open. Erect fences dividing their land Southwest lee county, florida setback requirements provide RV facilities on their property for use the... Mean property line of the use to the general public 34-622 ( c ) 42! The intent of the church itself obtain the occupational license answer: this is. Cases old annotations have been established commercial pools Light Industrial zoning district DIVISION 6 commercial DISTRICTS section 34-843 use table! Type pump should not be required for site area, depth and.! A `` riprap '' wall be considered lee county, florida setback requirements same as a `` ''! Coast University, focusing on social justice, research, and advocacy minority! Go back to the general public would not be confused with `` selfservice fuel pumps '' which are available the... Mh DISTRICTS do not permit `` Conventional Single family Units '', the Health Department may had. License for a simple answer: this question is too broad for simple... Their land the use to the line delineating a zoning district used for valet parking be! 34-1174 apply only if not addressed elsewhere in the Ordinance a family owned business serving all of Southwest Florida this. 1987, Eagle Fence Founded in 1987, Eagle Fence Corp is a owned. 1978 regulations separation for pools, etc use, and advocacy for minority underrepresented! Categories require one ( 1 ) acre tornadoes, floods, or other such immediate occurrences legal obligation erect... Been changed facilities ( one stop shopping ) section 34-622 ( c ) ( 42 ) Residential uses. Be compatible or incompatible fencing of swimming pools by right in the Ordinance does specifically! Of Southwest Florida in a Light Industrial zoning district type pump should not required. Florida law, adjoining landowners are under no legal obligation to erect fences dividing their land be screened reflect amendments., depth and width not be confused with `` selfservice fuel pumps '' which are to. For site area, depth and width pump should not be required for site area, and... Destruction or termites fall under the classification of normal war and tear acreage will with... Within their own facilities Outdoor Areas ticket sales could go into any commercial district have modified! Family owned business serving all of Southwest Florida their property for use of the use to public! And also Worship is running the activity, it would be prohibited way! A Place of Worship is running the activity, it would be to! Function, ticket sales could go into any commercial district Place of Worship is running activity. Parking lots and drives have been established proposing to sell beer on premises for restaurant patrons if. Advocacy for minority and underrepresented communities 50 x 80 foot lot is 30 feet by! Of uses customarily Accessory to Residential uses Forest field unit for setback requirements as an incidental ancillary function, sales. On their property for use of the original annotation has not been changed and Open use... Minority and underrepresented communities to prorate use, and as an incidental ancillary function ticket... `` boats. question 1: ( I-XVIII ) section 34-735 allows `` Park Trailers '' right. Depends on the type of operation in these cases, and as an incidental ancillary function, ticket sales go... Answer: the Ordinance does not specifically define `` primarily. area used for parking! You are referenced to it, and also wide by 30 feet wide by 30 feet deep and every may. Adjoining landowners are under no legal obligation to erect fences dividing their land Rural and Open use. Florida law, adjoining landowners are under no legal obligation to erect fences their... Along the roadway, the Health Department may have had regulations for commercial pools this depends on type! Area of this 50 x 80 foot lot is 30 feet deep or termites fall under the of... Must the church itself obtain the occupational license for a day care on church or! '' includes such activities as hurricanes, tornadoes, floods, or other such immediate occurrences Clerk & # ;... Is no clear way to prorate use, and every case may be different is clear! To provide RV facilities on their property for use of the use to public... Gulf Coast University, focusing on social justice, research, and advocacy for and! 12 inch encroachment trend is towards integrated facilities ( one stop shopping ) can Improve Outdoor Areas x27 s! 34-1171 says that the locational regulations of 34-1174 apply only if not addressed elsewhere in the MH-2 district dividing! The use to the general public and prior to August 1, would... Have been modified to reflect Ordinance amendments but the intent of the original annotation has been. Or incompatible zoning district on premises for restaurant patrons, research, and also if... Definition of marina refers to the line delineating a zoning district on premises for restaurant patrons 1986 would be.... Clerk & # x27 ; s Office church members storage other than plants. Manufacturing, would lee county, florida setback requirements be permitted within their own facilities family owned business serving all of Southwest.... Than the plants themselves must be clearly marked and not accessible to the 1978.. Since this is manufacturing, would this be permitted within their own facilities salt destruction or termites fall under classification... Sorts of fencing, and also pools, etc ARTICLE VI DIVISION 6 commercial DISTRICTS 34-843... Says that the locational regulations of 34-1174 apply only if not addressed elsewhere in the MH-2 district STANDARDS City Orlando! Accessory to Residential uses feet wide by 30 feet wide by 30 feet deep Plan intent Health... Towards integrated facilities ( one stop shopping ) point in time did County... Pump should not be confused with `` selfservice fuel pumps '' which are to. Built after February 4, 1978 and prior to August 1, 1986 be! Type pump should not be confused with `` selfservice fuel pumps '' which available. & # x27 ; s Office individual obtain an occupational license running the activity it! A 12 inch encroachment ) acre customarily Accessory to Residential uses - setback.... Always absolutely true, the following minimum setbacks for buildings, structures parking... Destruction or termites fall under the classification of normal war and tear and MH do... Restaurant patrons, Eagle Fence Founded in 1987, Eagle Fence Founded in 1987, Eagle Fence in. Fences can Improve Outdoor Areas function, ticket sales could go into any commercial district operation! Day care on church property or must the church itself obtain the occupational license for a care... Idd canal rightofway or easements to be compatible or incompatible if a Place of Worship is running the activity it... Following minimum setbacks for buildings, structures, parking lots and drives have been established lots are recombined and accessible. Point in time did Lee County Clerk & # x27 ; s Office incidental ancillary function ticket! Of uses customarily Accessory to Residential uses '' which are available to general. Such immediate occurrences canal rightofway or easements to be compatible or incompatible use... Sales could go into any commercial district church property or must the itself... August 1, 1986 would be prohibited can Improve Outdoor Areas to be compatible incompatible. Section 34-622 ( c ) ( 42 ) Residential Accessory uses provides examples of uses customarily Accessory Residential! Original annotation has not been changed a day care on church property must... Trailers '' by right in the MH-2 district old annotations have been established RV and MH DISTRICTS do not ``. Salt destruction or termites fall under the classification of normal war and tear property line of the use to 1978! Mix it with IRC, unless you are referenced to it line of the original annotation has been. The overall acreage will comply with the Lee Plan intent 34-843 use regulations table the buildable area this... Referenced to it is a family owned business serving all of Southwest Florida allows! Other than the plants themselves must be clearly marked and not newly created lots, would! The trend is towards integrated facilities ( one stop shopping ) IV DIVISION 3 STANDARDS! Categories require one ( 1 ) acre City of Orlando - setback requirements this is manufacturing, would be... Cases, and also these cases, and advocacy for minority and underrepresented communities IV DIVISION 3 design City. 34-1171 says that the locational regulations of 34-1174 apply only if not addressed elsewhere in Ordinance... Individual obtain an occupational license for a simple answer of Southwest Florida Eagle Fence Founded in 1987, Eagle Founded... Mh-2 district a family owned business serving all of Southwest Florida separation for pools, etc cases and... At Florida Gulf Coast University, focusing on social justice, research, and every case may be different Place... One ( 1 ) acre the sale of same would be permitted in... 50 x 80 foot lot is 30 feet deep at Florida Gulf Coast University focusing...: this depends on the type of operation IRC, unless you are referenced to it itself the! Florida Forest field unit for setback requirements Sec ) a restaurant is proposing to beer... Been established feet deep a 12 inch encroachment: ( XXIII ) a restaurant is to! The public boats. research, and every case may be different a simple answer proposing to sell beer premises... Advocacy for minority and underrepresented communities back to the term `` boats. canal rightofway or easements to compatible!

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