Answer:No. Answer:The intent is clear that approval is necessary. These lots were recently zoned from AG to IL but the Board denied requested variances. A private stable (defined) is clearly an accessory use for the occupants of the premises and cannot be built prior to the principal residence. Click on the link in the Table of Contents to go directly to that topic. 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? If the other facilities are not used at the same time as the Place of Worship or are used but will not generate additional parking demand (such as a school for children of parents attending church (services) then no additional parking is required. However, the Health Department may have had regulations for commercial pools. tyler florence sunglasses; bailey and southside morning show; recent cases solved by fingerprints 2021; . 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. Answer:The key word here is public entrance or exit. It would be unusual to allow valet parking for any business where large numbers of patrons will leave at the same time and want their cars brought to them. Answer:Yes. Read More Our Fences . The trend is towards integrated facilities (one stop shopping). 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)
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). 1. Construction, placement, erection and maintenance of docks, mooring piles, seawalls, watercraft landing facilities and other structures designed for use on or adjacent to waterways shall be in compliance with established building permit procedures and with Chapter 26, Article II. Question 1: (I-XVIII)Section 34-735 allows "Park Trailers" by right in the MH-2 district. canals are considered as artificial bodies of water. The Place of Worship may operate a day care center if it is primarily for church members.Question 3: (I - XVIII)In calculating the required parking for a religious facility, do you use that use(s) that creates the greatest demand at any one time and use that number of spaces as the required number of parking spaces for the entire facility (including all uses)? 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. The second alternative is Section 34-622(c)(39) "RENTAL OR LEASING ESTABLISHMENTS Group IV Construction Equipment, Trucks", if leasing is the primary emphasis. Answer:"Roofovers" which are physically attached to, and become part of, the original roof are permitted. Answer:The key word in both Sections is "may." ", On the same premises is defined as "being on the same lot or building parcel or on an abutting lot or adjacent building in the same ownership. 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. Question: (I-XVIII)What zoning districts will permit "lottery ticket" sales? Electrical wiring and equipment must comply with Chapter 27 of the Florida Building Code. The Zoning Ordinance does not distinguish between central sewer or septic. 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? As indicated above, when the Board discussed fences it was clear that they were concerned with allowing fences to be used for protection and safety, but that they had to be of an opentype which would not unnecessarily obstruct neighbors' view of the water. Search for an Elevation Certificate Online, Lee CountyBoard of Adjustment and Appeals, State Contractor Registration & Authorized Signers, Landscaping Requirements/ Preserve Management, Lee Concurrence for Letters of Map Correction, 50% Rule: Substantial Improvement/Substantial Damage, Public Safety (Emergency Management) (EMS), Article II Division 3 Section 10-174(6) - Limited Reviews, Article I - In General Section 34-2 Definitions, Section 34-622 Use Activity Groups General Questions - Not Section Specific, Section 34-622(c)(9) Contractors & Builders, Section 34-622(c)(13) Essential Service Facilities, Article VI Division 2 Agricultural Districts, Section 34-654 Property Development Regulations Table, Article VI Division 3 Residential Districts Subdivision II, Subdivision III Multiple Family Districts, Subdivision IV Mobile Home Residential Districts, Section 34-736 Property Development regulations table, Article VI Division 4 Recreational Vehicle Park Districts Subdivision II Conventional Recreational Vehicle Districts, Article VI Division 6 Commercial Districts Section 34-843 Use regulations table, Article VI Division 7 Marine-Oriented Districts, Section 34-874 Property development regulations table, Article VI Division 8 Industrial Districts, Article VI Division 9 Planned Development Districts, Article VI Division 10 Special Purpose Districts Subdivision II Environmentally Critical District, Article VII Supplementary District Regulations Division 2 Accessory Uses Buildings and Structures, Section 34-1176 Swimming pools, tennis courts, decks & similar recreational facilities, Article VII Division 3 Adult Entertainment, Bookstores & Massage Parlors, Article VII Division 5 Alcoholic Beverages, Article VII Division 12 Density Subdivision II Residential Development, Article VII Division 15 Excavation Activities Subdivision I Generally, Article VII Division 17 Fences, Walls, Gates & Gatehouses, Section 34-1744 Location and Height of Fences & Walls, Section 34-1748 Enclosure of High-voltage Transformers & Other Utility Equipment, Article VII Division 18 Home Occupations, Article VII Division 24 Model Homes , Units & Display Centers, Section 34-2015 Location & Design generally Valet Parking, Section 34-2016 Dimensional Requirements; Delineation of Parking Spaces, Section 34-2018 Joint Use of Off-Street Parking Lots, Section 34-2019 Other Use of Off-Street Parking Lots, Article VII Division 27 Places of Worship & Religious Facilities, Article VII Division 30 Property Development Regulations Subdivision III 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, Article VII Division 36 Storage Facilities & Outdoor Display of Merchandise, Article VII Division 37 Subordinate & Temporary Uses, Article VIII Nonconformities Division I Generally, Article VIII Division 3 Nonconforming Buildings & Use of Buildings, Article VIII Division 4 Nonconforming Lots, Section 34-3275 Commercial or Industrial Use, Single Family Determination in Lieu of Variance or Rezoning (11/09/1988), Return to Land Development Code home page, Dwelling Unit Types: Mobile Home and Building, Conventional, Section 34-412 Deviations from General Zoning Regulations, Section 34-616 Rules for Interpretation of District Boundaries, One and Two Family Residential DistrictsSection 34-694 Use Regulations Table, Section 34-735 Use regulations table (Mobile Homes), Section 34-792 Property development regulations table, Section 34-1174 Location and Setbacks generally, Section 34-1771 Permitted Uses; Operation, Section 34-2011 Applicability of Division, Section 34-3204 Mobile Home & Recreational Vehicle Unit Replacements & RoofRepairs, Section 34-3241 Nonconforming Buildings & Structures, Section 34-3272 Lot of Record Defined; General Development Standards. Maximum required is 25 feet. In this case, the specific would control the general, thereby finding an establishment primarily devoted to sale or service of alcoholic beverages for consumption on premises to be a "Bar or Cocktail Lounge" rather than a restaurant.Question #2: (I-XVIII)When is a bar no longer a bar and classified as a restaurant? 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 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.". While not specifically listed, staff has determined that Group II "Motorcycle/Lawnmower Dealers" would be the most logical grouping. 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? 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? SECTION 34-736 Property development regulations table
Establishments primarily engaged in growing are classified as plant nurseries. Answer:No. 21) This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. Answer:No. 70-2. Fax. 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.". 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). Contact your local Florida Forest field unit for setback requirements. How and when does the Board determination approval get made? 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. The minimum required setbacks set forth in Sections 34-2191 to 34-2196 apply to all zoning districts. SECTION 34-2016 Dimensional requirements; delineation of parking spacesQuestion: (I-XVIII)Sections 34-2016(2)a.2. Consequently, manufactured homes may be displayed in any district permitting "Dwelling Unit, Conventional Single Family Residence", provided that models are permissible. . Answer:Yes. The leadin paragraph and resultant list provides for the intent. 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". A residence should always be required to comply with setbacks for principal buildings. of 12-2-2002, 70-2) It looks like your browser does not have JavaScript enabled. Doesn't this also apply to a principal structure? An individual cannot rent, lease, or otherwise operate a day care center using facilities of a "Place of Worship." 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 obtained from the Lee County Soil & Water Conservation District, 319 S. Mason, Amboy, IL 61310 (815) 857-3623 x. 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." Parking lot setbacks are specifically addressed and therefore are not subject to Sections 34-1171 - 34-1174.Question 4: (I-XVIII)In Section 34-1174(d)(3)(b), does "in accordance with the minimum buffering requirements" mean that the accessory structure can not be within the buffer area? For the sw florida lifestyle your house, is a proposed structure shall be paid impact fees are not an increased . It required setback requirements after a county, lee ceunty po. Does this include a service or employees only entrance/exit or only customer entrance/exits? Although many road swales and drainage easements may sometimes hold water for more than three months of the year, in the context in which the term is used in the Zoning Ordinance, it should not be construed to include such swales or easements. Do tax records, tag registrations, etc. 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. Answer:There is no depth requirement. SECTION 34-622 Use activity groups General Questions - not section specific. In that case, refer to the definition of "Water, Body of" and you will see it includes both artificial and natural. . The required setbacks may be reduced when 40% or more, on a front foot basis, of all lots or Other regulations may or may not indicate otherwise however. Apparently the tag registrations may not always provide the information required. SECTION 34-2015 Location and design generally Valet Parking: (XXIX)Question 1:
Although not specifically addressed, since this a new (1986) district, is it now the intent to allow the caretaker'sapartment? A barn would be considered accessory to a farming or agricultural use on the same premises. 1982 Development Standards Ordinance, as amended, or which would qualify for such exemption if a formal request was made. All Rights Reserved. Question: (I-XVIII)In the CI (Intensive Commercial) district MiniWarehouses are a permitted use. The definition of a mobile home is: A building, manufactured off site, in conformance with the Federal Mobile Home Construction and Safety Standards (24 CFR 3280, et seq), subsequently transported to a site complete or in sections where it is emplaced and tied down in accordance with Chapter 15 C1, FAC with the distinct possibility of being relocated at a later date. SECTION 34-622(c)(9) Contractors & BuildersQuestion: (I-XVIII)Section 34-622(c)(9) Contractors & Builders Group II allows light fabrication work. - Pre-law) at Florida Gulf Coast University, focusing on social justice, research, and advocacy for minority and underrepresented communities. ", 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.". 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? (2) Any required front yard setback. Approvals - 3 minutes R4101.4 Approvals These uses would not account for the principal dollars with the primary use being the nursery. Normally those activities are ancillary to some permitted use. 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. (3) 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. The ordinance also states that the height shall be measured from the ground level outside of the area so enclosed. 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 If the cabinet making is from nonwood materials, it would come under Section 34-622(c)(18) Furniture and Fixtures, Manufacturing. 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. In any case, where there is a question as to whether the special exception is unnecessary, an administrative interpretation should be sought.
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? The definition of a marina specifically excludes "docks, davits, boathouses and similar facilities appurtenant to a residential land use providing only docking or mooring." Answer:No. Answer:Not quite. require a parking block to be 2 feet from the end of the parking space. Office of Planning & Zoning Physical Address 315 W. Main St. Tavares, FL 32778 Mailing Address P.O. 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 ". If the Sign Ordinance is not clear, it would be appropriate for the enforcing agency to issue an interpretation, or to propose any necessary amendments to the Board of County Commissioners.
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