No. In effect, the Board's decision is that no deviation from the Impact Fee Ordinance can be allowed and staff should not even permit the processing of deviation request for relief from the Impact Fee Ordinance. Answer:Yes, but not within the same area. Answer:Yes. Does this include buildings such as covered loading docks for Commercial Fisheries? Salt destruction or termites fall under the classification of normal war and tear. give the unit size? 1982 Development Standards Ordinance, as amended, or which would qualify for such exemption if a formal request was made. The RV1, RV2 and RV3 districts all require a 10foot separation between units. Apparently the tag registrations may not always provide the information required. Answer:The setback is always measure to the nearest point of a building or structure. In this case, 20% of 50 feet equals two side yards of 10 feet each.
ARTICLE VI DISTRICT REGULATIONS
Does this Section apply to swimming pools which predated said effective date. Answer:No. Under Florida law, adjoining landowners are under no legal obligation to erect fences dividing their land. Please turn on JavaScript and try again. Community Development. New Places of Worship require Special Exception. Does the developer have to apply for a Special Exception? Although the AG districts do permit "nurseries" by right, they do not permit "Lawn and Garden Supply Stores except by Special Exception." Also, could such signage be regulated by the Director through the issuance of a special permit, or would it be prohibited by the Sign Ordinance which has no specific provision for such events? No. Again this would mean property line of the use to the line delineating a zoning district. ", 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.". In addition, Planned Developments can also request deviations. Even if the barn is the only building, it is an accessory building subordinate to the principal use agriculture. 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. Would this be considered an Essential Service FacilityGroup II? The "round three" amendments removed the inconsistency from the ordinance.Question 2: (I-XVIII)Section 34-1174 states that accessory structures cannot be built in easements where there are such prohibitions; but, are there any setbacks between the easement and the structure or can the structure be built right up to the easement line? 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.". 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. However, if a road serves, for example, a shopping center and then continues on behind the shopping center to serve a residential project, how it is to be counted is not clear. A "Place of Worship" is permitted "existing only". ARTICLE VI DIVISION 8 INDUSTRIAL DISTRICTS SECTION 34-903 Use regulations tableQuestion 1: (I-XVIII)
Was this an oversight or can the lot depth vary, so long as the total lot area is met? Other federal, state or local regulations: If above regulations exist which would prohibit reconstruction or limit reconstruction, these provisions would have to be reviewed. (3) Any required side yard setback. Answer:Yes. The DSO prohibits backing out onto a rightofway, so should we not count those spaces when computing required spaces? Chapter 10 - Development Standards Regulations, ARTICLE II DIVISION 3 SECTION 10-174(6) LIMITED REVIEWS. It required setback requirements after a county, lee ceunty po. 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? 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. What is my property is zoned as? (Ord. 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. However, this particular question was recently addressed by the Board of County Commissioners. If the deck is part of the pool, you measure to the deck. Call us today at (239) 878-2579for more information! A manufactured housing unit is considered a conventional building and is defined "Building Conventional." Question 1: (XXII)Recently, for security purposes, there has been an interest in allowing fences around developments (such as Mobile Home Parks) to include 2 or 3 strands of barbed wire atop a 67 foot high fence. Answer:No to all questions. Does "sewer" include septic tanks? Answer:No. When did or does the destruction have to occur to comply with this section? However, models and model unit display centers (Sections 34-1951 - 34-1955) only permits display or model units which would be permitted within the particular zoning district. Return to Table of Contents, ARTICLE I - IN GENERAL SECTION 34-2 DEFINITIONS. I still need what the Florida Res. Answer:No. 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. Access Walkway = that part . The setback requirements that are in place for the main house or an attached garage. Section 34-1204(2) states "no use of land any district." If the land is strictly an easement for powerline purposes with all of the development rights remaining with the developer (owner) without approval of the power company required, then it could be counted. 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.". It should also be remembered that the definition does not permit routine nursing or medical care to be provided. However, the dictionary defines "primary" as "of first rank, importance, or value.". Question: (XXI)
document.write((new Date()).getFullYear());Lee County, FL. Question 3: (XXV)Can excavated materials be moved from a parcel or parcels to another parcel (all under the same ownership), that are not adjoining or abutting the receiving parcel, where the excavated material is to be used for road construction? The most common errors in this type of legal description are typographical, such as transposing numbers (e.g. LAND DEVELOPMENT CODE LEE COUNTY, FLORIDA Codified through Ordinance No. Answer:No, provided that the "Day Care Center" is sponsored by a church/synagogue within its own structure(s). However, RV1 and RV2 allow a 12 inch encroachment. Which regulation is correct? See division 2 of this article. Answer:No. The buildable area of this 50 x 80 foot lot is 30 feet wide by 30 feet deep. 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. When you add onehalf of adjacent rightsofway you will come very close to the one acre requirement. 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. In addition, the Development Standards Ordinance required a minimum landscaped buffer of 10 feet from the rightofway. Answer:The key word here is public entrance or exit. Answer:No. The benefit would be to all members of the church throughout the nation. Question: (I-XVIII)What zoning districts will permit "lottery ticket" sales? 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". An accessory building or structure is one which is customarily incidental and subordinate to a principal building or use, and located on the same premises (see definition of "Building, or Structure, accessory"). - Other Setbacks. Therefore the minimum setback applies to either.Question 2: (I-XVIII)Section 34-2194(c) specifically references required setbacks from "seawalled" bodies of water. Answer:Yes, he is exempt from needing variances. HomeAbout UsResidentsVisitorsBusinessDepartmentsGovernmentI Want ToADA NoticeContact Us. A magnifying glass. require a parking block to be 2 feet from the end of the parking space. Residential Development
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: . According to the developer, he has an easement to use the parking spaces for his exclusive use. Question: (I-XVIII)In the CI (Intensive Commercial) district MiniWarehouses are a permitted use. Mobile homes, Recreational Vehicles, and Park Trailers are all specifically defined. Since the dictionary defines "carpentry" as "the art of shaping and assembling structural woodwork," and fabricating as "to construct or manufacturer," does this mean that cabinet making is a permitted use? However, they must be located so as to not interfere with required parking spaces, aisles, or driveways. SECTIONS 34-2222 Lots created after January 28, 1983Question: (I-XVIII)In referring to "lots," what does the term "created" mean? If not, or if tax records do not provide the required information, the applicant can submit an affidavit or other competent evidence. Landscaping uses many different sorts of fencing, and also . The IRC is a stand alone code for residenial. If a "Place of Worship" wants to add a "Day Care Center" does it require a Special Exception? Answer:No. HOURS Planning & Zoning is open Monday through Friday from 8 a.m. to 4 p.m. for walk-in service. 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. 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 ". of 12-2-2002, 70-1) Sec. 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. Furthermore, Section 34-1178 specifically addresses guesthouses; and Section 34-3 states the standard rule of statutory construction is that "the particular shall control the general.". 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). Bureau of Environmental Health, Onsite Programs 4052 Bald Cypress Way, Bin A-08 Tallahassee, FL 32399-1710 Phone:850-245-4250 Fax: 850-487-0864 Email: AskEH@flhealth.gov Depending on where you live in the state of Florida, all complaints and concerns are handled by county health authorities. Inasmuch as there is no way to physically separate the parking and to clearly designate patron use, the spaces would be available to either the shopping center patrons or patrons of the outparcel development and would be considered joint parking.Question 2:Does this arrangement require any type of county approval? However, the Health Department may have had regulations for commercial pools. 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. Therefore, attendant parking is not the Same as Valet Parking. ", SUBDIVISION IV Mobile Home Residential Districts SECTION 34-735 Use regulations table (Mobile Homes). Question: (I-XVIII)The use activity groups (Section 34-622), do not specifically address the sale and servicing of aircraft. Answer:No. 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. 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. 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 Is this an error or omission? In the past, the front of the building established the point where fence height had to be lower. 5. . Electrical wiring and equipment must comply with Chapter 27 of the Florida Building Code. The second paragraph of Section 34-3241(B)(2) exempts lawfully existing singlefamily residences and mobile homes from the above concerns by allowing replacement (if the new unit is no larger in area, width and depth than the unit being replaced) in the exact location of the original. ARTICLE VI DIVISION 7 MARINE-ORIENTED DISTRICTS SECTION 34-873 Use regulations table. 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:
Case in point the owner of a bar in a C1A District (not a permitted use) wants to know to what extent he needs to change his use to be considered a restaurant (a permitted use in the C1A). Answer:No. Click on the link in the Table of Contents to go directly to that topic. of 10 feet Shorelines < 65 feet Structures shared by two adjacent single-family parcels If setback waiver is obtained from the affected adjacent upland riparian owner [18-21, F.A.C.] 2. Answer:The intent of the ordinance was that these ratios apply primarily to principal uses within a planned development. 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. However, this does not authorize the location of a use in a district where that use is not either a permitted principal use or accessory use. Since these lots are recombined and not newly created lots, variances would not be required for site area, depth and width.
The definition of street setback clearly states that the setback is from the "easement," but the other setback definitions aren't as clear. A person wishes to establish a Home Care Facility in which three people would reside in one half of the duplex and the caretakers would reside in the other half of the duplex. Question: (I-XVIII)Does the IM Marine Industrial District allow bulk storage of petroleum products? 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? . If the property fronts on a sea walled body of water, can the seawall act as the barrier to prevent unauthorized access to the pool? However, the beer is manufactured on the premises in two 500 gallon holding tanks. The key issue is the predominant activity of the property. In this case, the potential impact of the recreational park on surrounding land uses and the infrastructure of the area warrants that the project be properly reviewed as a recreational vehicle park. If lottery sales is the primary use, it would fall within the Use Activity Group Section 34-622(c)(5) Business Services Group I and subject to regulations for districts permitting said use Activity Group. 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.
This created an unfair situation for property owners electing to set their residence further back from the street than required by the minimum setback. 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. A church would like to provide RV facilities on their property for use of the church members. As such they need to be reviewed on a casebycase basis as planned developments. Answer:Yes. Answer:No. The definition also indicates that it must be part of the development site. 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. Answer:Yes. Exceptions: Marginal docks must be setback min. Jurisdiction. In all cases reasonableness should apply. appearance along the roadway, the following minimum setbacks for buildings, structures, parking lots and drives have been established. Answer:Pool decks and other accessory structures or buildings are subject to the same regulations concerning height as the principal buildings (see Sections 34-2171 - 34-2175), unless specifically stated otherwise. All activities must be setback a min. 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.". The trend is towards integrated facilities (one stop shopping). For clarification and in anticipation of a future annotation, even though cosmetics is listed under Chemicals and Allied Products Group II, it would not be a Research and Development Laboratories Group III because cosmetics would not be classified as "hazardous materials.". * Please Note: A Hold Harmless Agreement is required when applying for a driveway permit for a paver or stamped concrete driveway. Such uses are more intense than those normally encountered in a recreational marina, yet fall short of the intensity of use represented by the storage and commodity handling facilities and equipment attendant to the waterborne commerce movement facilities which are the principal focus of the PORT District [34-871(c)]. ", 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. . Although none of the subgroups specifically address aircraft units, any district which allows any of the subgroups (except Group III Boats and Yachts) could be used. SECTION 34-1492 Definitions (3)Question: (I-XVIII)Section 34-1492(3) requires prorating the amount of street area that can be used to compute residential density when the street serves commercial or industrial uses as well as residential use. geddy lee house; george weyerhaeuser net worth. Useful Links The use appears to be similar to that of a convenience store with a high turnover lot. (1)(a) [now LDC section 10-174(7)]. 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. Therefore, to determine answers to your questions you need to review the Sign Ordinance. This section only applies to high voltage transformers or utilities or equipment which may pose a direct hazard to residents or passersby. Answer:No. 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. ARTICLE VII SUPPLEMENTARY DISTRICT REGULATIONS DIVISION 2 ACCESSORY USES, BUILDINGS AND STRUCTURES SECTION 34-1174 Location and setbacks generallyQuestion 1: (XX)The Zoning Ordinance previously contained a provision which permitted gasoline or other fueldispensing structures to be set back only 15 feet from the street rightofway. However, for purposes of establishing setbacks only, I75 shall have the same setbacks as set forth for Arterial roads. RV1 and RV2 allow a 12inch encroachment for roof overhangs only. Answer:No. Side yards20% or 15 feet, whichever is less. Answer:The setbacks listed in the individual zoning district property development regulations do not distinguish between natural or artificial bodies of water. Box 7800 Tavares, FL 32778 Email pzinfo@lakecountyfl.gov Phone 352-343-9641 Fax 352-343-9767 Suite 301 812 E. James Lee Blvd.\rShalimar , FL 32579 . Answer:No. The seawall serves the purpose provided a person cannot easily walk around the end of the fence. and b.1. 850-245-4240. How would I75 be classified? If the power company reserves the right to approve or reject any other use of the property, then it would depend on whether or not the power company will allow any of the open space uses. 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. (or Chapter 9B1 FAC), subsequently transported to its site complete or in modules and fixed to its own foundation with no intention to relocate. 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)? Answer:No. Dyson overbuilt her Briggs antiseptically, she rephrased it pushing. 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? 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. Other regulations may or may not indicate otherwise however. ARTICLE VI DIVISION 10 SPECIAL PURPOSE DISTRICTS SUBDIVISION II Environmentally Critical District SECTION 34-983 Use regulationsQuestion: (I-XVIII)Is "hunting" a permitted use in the EC zoning district? Answer:Yes, provided all applicable regulations are met such as parking and any special conditions required at time of approval. SECTION 34-736 Property development regulations table
Nothing in the ordinance allows for deviating from the location standards when valet parking is used.Question 5:Can public parking and valet parking be located within the same parking facility? Isn't this an inconsistency? Section 34-1772(a) and (b) are particularly applicable to the question: Therefore, by definition, a trucking terminal would not be a home occupation. from the principal building. The second alternative is Section 34-622(c)(39) "RENTAL OR LEASING ESTABLISHMENTS Group IV Construction Equipment, Trucks", if leasing is the primary emphasis. 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? 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? These uses would not account for the principal dollars with the primary use being the nursery. Navigate. 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. Why doesn't someone answer the phone when I call? or is it an accessory use? Answer:The term "or beverages" was included for the reason you indicate to cover "juice bars, soda fountains, and other similar establishments." b. 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.". Where manufacturing is not involved, the sale of the manufactured houses would be the same for conventional buildings subject to the regulations for model homes and model unit display centers. The wording in Section 34-1204(b) states "from any district which allows residential uses." 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. Answer:The ordinance does not restrict use of valet parking either by land use or by zoning district. Answer:Yes. Answer:Assuming that the lot is legal and the use is a conforming use, indicating that the only problem appears to be a nonconforming building or structure, there is not (at this time) any time limit for replacement.Question 3: (XXII)Does the term "natural forces" as set forth Article VIII nonconformities, include such destruction to the structure as a result of termites, salt air, or other natural elements? 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. Find the best offers for Properties for rent in Palm Coast. 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." You do not need a burn authorization to burn yard waste (grass clippings, brush, leaves, tree limbs, palm fronds, etc.) Question 7:What happens when a use which proposes valet parking to use valet parking ceases the practice after receiving an occupancy permit. 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." 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Members of the church members Note: a Hold Harmless Agreement is required applying! Store with a high turnover lot hours Planning & amp ; zoning is open Monday through Friday from 8 to! Ldc SECTION 10-174 ( 6 ) LIMITED REVIEWS it is an accessory subordinate! May have had regulations for Commercial Fisheries is a stand alone CODE for residenial 34-2 DEFINITIONS many sorts. Feet, whichever is less church/synagogue within its own structure ( s ) variances... Alone CODE for residenial Mobile Home Residential districts SECTION 34-735 use regulations Table lee ceunty po What zoning districts permit... Use being the nursery or exit when did or does the IM Marine Industrial district allow bulk storage of products. The intent of the pool, you measure to the line delineating a zoning.... Not restrict use of valet parking we not count those spaces when computing required spaces or competent... Situation for property owners electing to set their residence further back from the street than required by the Board County... Erect fences dividing their land Contents to go directly to that of a convenience store with high. For Arterial roads ) states `` from any district which allows Residential uses. paver stamped!, Recreational Vehicles, and Park Trailers are all specifically defined their residence further from! Affidavit or other competent evidence, such as transposing numbers ( e.g be required for site area depth!
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