Lee County Clerk's Office. Establishments primarily engaged in growing are classified as plant nurseries. S. Get the latest legal news and information, and learn more about laws that impact your everyday life by visiting FindLaw Legal Blogs. The Zoning Ordinance does not distinguish between central sewer or septic. See division 2 of this article. By requesting an average setback, your neighbor will be able to place their residence/structure in a manner consistent with similar structures in the neighborhood. Uses such as theaters, arenas, cruise ships, stadiums, etc. 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. All these items qualify as a structure and hence cannot encroach into the 10foot separation area. 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:No. 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? The Lee Plan is based on gross acreage. obtained from the Lee County Soil & Water Conservation District, 319 S. Mason, Amboy, IL 61310 (815) 857-3623 x. Does this include "roofovers"? The intent of this section is to recognize the problem created by the Comprehensive Plan in its definition for density. Question: (XXIV)If a mobile home dealer has three or more units erected on a single, undivided property (model display center) for the purpose of promoting sales, a main sales office on or off the premises and an area designated for the enclosed storage of inventory, would he be permitted to operate as a model display center in the C1 zoning district? 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? Other regulations may or may not indicate otherwise however. 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.". The RV1, RV2 and RV3 districts all require a 10foot separation between units. Section 34-1772(a) and (b) are particularly applicable to the question: Therefore, by definition, a trucking terminal would not be a home occupation. (3) SECTION 34-622 Use activity groups General Questions - not section specific. Answer:Yes, in this context. 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. Answer:Yes. Answer:No to all questions. Every swimming pool shall be enclosed by a fence, wall, screen enclosure or other structure constructed or installed so as to obstruct access thereto except by a gate. The wording in Section 34-1204(b) states "from any district which allows residential uses." 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. or is it an accessory use? * Please Note: A Hold Harmless Agreement is required when applying for a driveway permit for a paver or stamped concrete driveway. Box 1546, Fort Myers, FL 33902-1546; Email - GISTeam@leepa.org; Fax - (239) 533-6107; In person - Melvin Morgan Constitutional Complex, 2480 Thompson St., 4th Floor, Fort Myers, FL 33901; Frequently Asked Questions Answer:
It is questionable that a parcel this small could be readily developed due to the regulations for parking, setbacks, buffering, etc. Was the intent of this section of the ordinance to prohibit only barbedwire fences (such as are used to contain cattle) or does it also preclude the use of barbed wire atop a standard fence as indicated? 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. The required setbacks may be reduced when 40% or more, on a front foot basis, of all lots or Does this include deviations from the Impact Fee Ordinance(s)? Further, the activities listed under Section 34 -1673, as not being applicable to the provisions of Art VII Div 15 Sub II Mining, would also be applicable to Section 34-1651(A)(2) (as exceptions to 34-1651(a). 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. 2200 Second Street, Fort Myers, FL 33901 City Hall 239-321-7000 City Public Records: 239-321-7045 or via Online. Answer:Yes. Unless more stringent setbacks have been delineated upon a plat as part of an approval requirement, the following setbacks shall be required for main buildings: (See Figures 1&2) consistent with BMC 20.30.040. Landscaping uses many different sorts of fencing, and also . how did dolores cannon die. These buildings would be permitted in the IG district subject to special setbacks or in the CPD, MPD and IPD districts. Question 7:What happens when a use which proposes valet parking to use valet parking ceases the practice after receiving an occupancy permit. Answer:No. 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". According to the developer, he has an easement to use the parking spaces for his exclusive use. A "Place of Worship" is permitted "existing only". 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. 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. Salt destruction or termites fall under the classification of normal war and tear. 3. Who do I call if my address is not in the city limits? Beverages can include alcoholic beverages, assuming they have proper state licenses and special permit for consumption on premises. Section 34-1204(2) states "no use of land any district." The definition was originally adopted in the Planned Development Ordinance and was incorporated into the Zoning Ordinance. Boathouses are not subject to the setback requirements set forth in Section 34-2194. What is my property is zoned as? Question: (I-XVIII)Would the retail sale of used automobile motors fall under "Auto Parts Store" or "Used Merchandise Group III" or both? Normally those activities are ancillary to some permitted use. Land Development CodeSupplement 21Online content updated on May 10, 2022. The church would provide religious services, Bible studies, and the use of church facilities for "events" taking place. 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. Dyson overbuilt her Briggs antiseptically, she rephrased it pushing. "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. The remainder parcel was created when all the other lots were deeded prior to the effective date of the Development Standards Ordinance. In these cases, and as an incidental ancillary function, ticket sales could go into any commercial district. Section 34-3275 Commercial or industrial useQuestion: (I-XVIII)An applicant owns three small contiguous lots which were platted around 1925. Box 7800 Tavares, FL 32778 Email pzinfo@lakecountyfl.gov Phone 352-343-9641 Fax 352-343-9767 RearSetback: 1/2 times (depth of the lot less the street setback), but not less than 5 feet or more than 25 feet. 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. Answer:No. Instead, the applicant should be told to submit independent fee calculation materials during the development order process and that this process is the more appropriate point at which impact fee credits should be determined. In other words, what qualifiers are attached to the words "primarily or principally devoted to sale"? However, valet parking is most often associated with restaurants, night Clubs, etc. . Residential Permit Application Requirements Residential Permit Application Requirements Single Family/Duplex COMPLETED APPLICATION - Get the application . Whether or not a powerline easement can be counted depends on a number of variables concerning the legal status of the easement. . 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. 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. How would the required number of parking spaces be determined? Answer:No. Section 34-2018(a) specifically states that if not part of a planned development, then a special exception is required. A barn would be considered accessory to a farming or agricultural use on the same premises. Apparently the tag registrations may not always provide the information required. When did or does the destruction have to occur to comply with this section? Employment. StreetSetbacks on a local (public) street, the minimum is 25 feet. Property owner's name STRAP Number (17 digit number found on tax bill, available from the Lee County Property Appraisers Website or at 239-533-6150) Site address 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. 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. A canal in most instances could be compatible to almost any use.
Does that definition apply when used in Section 34-1741 - 34-1750 Fences, Walls, Gates, and Gatehouses? ARTICLE IV DIVISION 3 DESIGN STANDARDS
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. SECTION 34-2018 Joint use of off-street parking lotsScenario:The developer of an outparcel adjacent to a shopping center has an agreement with the shopping center to use part of the center's parking spaces to help offset his required parking. . 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? Section 34-3005(b)(1) uses the defined term "shield" which does not mandate fencing but allows "berms, wall, screening or other methods that will not permit the sound or sight of the facility in question to be apparent from the adjoining property.". If a parking facility has a parking attendant to direct cars to parking spaces, is that the same as valet parking? The definition of "Family" may apply if there are more than four (4) unrelated individuals residing together. Was this an oversight or can the lot depth vary, so long as the total lot area is met? 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? Question 2: (I-XVIII)Can recreational vehicles be placed in the MHC-1, MHC-2, MH1, MH2, MH3 or MH4 zoning district? 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. However, in the current regulations the provision was omitted. The definition of a marina specifically excludes "docks, davits, boathouses and similar facilities appurtenant to a residential land use providing only docking or mooring." . Applications for permits are accepted at City Hall, Monday-Friday from 8:30am-12:30pm and 1:30pm-4:00pm. Mailing Address. Answer:There is no depth requirement. The roman numeral following a question refers to the particular annotations group in which the question was originally addressed. Was this an oversight? Answer:No. 850-245-4240. What is the intent of the word "beverages"? Answer:No. New Places of Worship require Special Exception. Is it based on percentage of sales or percentage of floor area, or both? Side yards20% or 15 feet, whichever is less. The definition of "on the same premises" would not apply, since the properties are not abutting and therefore must be treated as separate and distinct parcels. 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? A commercial stable (defined) would normally be a principal use, (defined) in which case any residence would be considered a caretaker's residence and require a Special Exception. 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. The top of the seawall is at least four (4) feet above the bottom of the water body adjacent to the seawall. A review of the permitted uses will also show that bulk storage of petroleum is not a permitted use. Question: (I-XVIII)The use activity groups (Section 34-622), do not specifically address the sale and servicing of aircraft. Call us today at (239) 878-2579for more information! 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). aivee clinic services price list 2022 If one landowner does decide to build a boundary fence, the adjoining landowner is not obligated to share in this expense unless it was agreed to in advance. Community Development. No recreational vehicles including Park Models are permitted in the MHC-1, MHC-2, MH1, MH3 or MH4 districts, and no recreational vehicle except Park Models are permitted in the MH2 district. The mandate. 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