lee county, florida setback requirements

Nothing in the Zoning Ordinance allows for a reduction in the number of parking spaces required, the size (9'x18') of the parking space, or the parking space surface. The ordinance would permit use of the dwelling to conduct the administration of a business provided there are not employees working in the dwelling that are not residents thereof. Does this include package treatment plants? Section 34-1771 allows the operation of home occupations by right in all districts permitting dwelling units and sets forth the standards for home occupations. (3) 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? Such enclosures for single family dwelling swimming pools shall not be less than four (4) feet in height, and for all other uses covered by this Section the enclosures shall not be less than five (5) feet in height. Code state. 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. A barn would be considered accessory to a farming or agricultural use on the same premises. The remainder parcel was created when all the other lots were deeded prior to the effective date of the Development Standards Ordinance. For more information, please call (239) 533-6000 or visit Lee County Tax Collector for help in creating a checklist of requirements and necessary documents. Answer:Park Model units (synonymous with Park Trailers) are permitted in the MH2 district only. One license is the normal license for consumption on premises and the other is for a Brew Pub License to produce the beer for consumption on premises. 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. 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? What is the intent of the word "beverages"? 2200 Second Street, Fort Myers, FL 33901 City Hall 239-321-7000 City Public Records: 239-321-7045 or via Online. b. This created an unfair situation for property owners electing to set their residence further back from the street than required by the minimum setback. Answer:The Ordinance does not specifically define "primarily." 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. 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." Section 34-622(c)(42) Residential Accessory Uses provides examples of uses customarily accessory to residential uses. perform an average rear/front setback for your neighbor. Economic Development. As such they need to be reviewed on a casebycase basis as planned developments. StreetSetbacks on a local (public) street, the minimum is 25 feet. 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. Florida DEO . When you add onehalf of adjacent rightsofway you will come very close to the one acre requirement. 2. Answer:Fuel pumps do not require parking spaces. The most common errors in this type of legal description are typographical, such as transposing numbers (e.g. Section 34-935(b) is one of these instances where a specific regulation exists which supersedes Section 34-1174.Question 6: (I-XVIII)If a barn or stable is constructed on agriculturally zoned property before a residence, and then a residence is built, is the residence an accessory or principal use and which regulations would apply? 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? The text is clear these uses would not be permitted in or within 1,000 feet of any zoning district which allows residential uses, including C1A, C1, C2, and CT. ARTICLE VII DIVISION 5 ALCOHOLIC BEVERAGES SECTIONS 34-1263(e) and 34-1264(b)(1)a. 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. In addition, Planned Developments can also request deviations. of 12-2-2002, 70-1) Sec. Provided that there is an approved development order or building permit and where no material is removed from the premises except surplus material not required for backfill or grading. Answer:The key word in both Sections is "may." Question: (I-XVIII)In the CI (Intensive Commercial) district MiniWarehouses are a permitted use. The roman numeral following a question refers to the particular annotations group in which the question was originally addressed. A church would like to provide RV facilities on their property for use of the church members. Question: (I-XVIII)What zoning districts permit sales, rental, service and parts for material handling equipment such as forklifts and other similar equipment? This section only applies to high voltage transformers or utilities or equipment which may pose a direct hazard to residents or passersby. of 25 feet inside riparian lines. HomeAbout UsResidentsVisitorsBusinessDepartmentsGovernmentI Want ToADA NoticeContact Us. Setbacks for riprap shall be measured from the most landward point of the riprap to the nearest point of the building or structure.Question 3: (XIX)What is the setback requirement for a Boathouse? Answer:The key word here is public entrance or exit. Lee County GIS. 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? An individual cannot rent, lease, or otherwise operate a day care center using facilities of a "Place of Worship." Answer:No. 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? 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." This situation would likely occur only for lots which are created by deed between January 28, 1983, and December 21, 1984. 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. SECTION 34-736 Property development regulations table Answer:No. The legal status of the lot on which the building or structure is located: If the lot is not a legal lot of record, the provisions of 34-3272 must be reviewed. 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. Answer:Yes. Answer:No. Does the developer have to apply for a Special Exception? 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"). Answer:No. Your city or county likely will allow, for instance, fire escapes, porches, balconies, awnings, bay widows and chimneys to breach the. It required setback requirements after a county, lee ceunty po. SECTION 34-654 Property development regulations tableQuestion: (I-XVIII)Section 34-654 permits lot sizes of 39,500 square feet for interior lots and 33,600 square feet for corner lots in the AG-2 District. SECTION 34-2016 Dimensional requirements; delineation of parking spacesQuestion: (I-XVIII)Sections 34-2016(2)a.2. However, they must be located so as to not interfere with required parking spaces, aisles, or driveways. The minimum required setbacks set forth in Sections 34-2191 to 34-2196 apply to all zoning districts. 1 3 0 1 2 0 3 1.5 0 3 Miles Lee County Wind Speed Lines Prepared by the GeoPlan Center, University of Florida for the Florida Department of Community Affairs, Fuel pumps which are solely for the use of private establishments and their vehicles are considered an accessory use. 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:No. 68.305. The lot sizes required in Section 34-654 do not include street rightsofway. These uses would not account for the principal dollars with the primary use being the nursery. Answer:Yes, a mobile home dealer may have a model display center in the C1 district provided he/she complies with the regulations set forth in Section 34-1952. Answer:No. The use of the property: If the use is not a permitted use, the provisions of Sections 34-3221 - 34-3224 and 34-3242 must be reviewed. The intent is to provide adequate parking for reasonably anticipated peak use. Question: (I-XVIII)Would the retail sale of used automobile motors fall under "Auto Parts Store" or "Used Merchandise Group III" or both? Answer:No. In the Board's discussion prior to amending Section 34-1741 - 34-1750, it was clear that the use of the term "open mesh screen" as it applied to fences meant openlink or chainlink fencing which would provide a clear, unobstructed view.Question 2: (I-XVIII)Can "openmesh screen" be interpreted to include a lattice work of wood or other material? Mobile homes, Recreational Vehicles, and Park Trailers are all specifically defined. 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. 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. Residential Permit Application Requirements Residential Permit Application Requirements Single Family/Duplex COMPLETED APPLICATION - Get the application . Is it subject to the same setbacks as set forth in Section 34-2194 Setbacks from Water? Answer:Section 34-2011(b) addresses existing developments. 110 (Brenda Merriman). Contact the Water Programs. SECTION 34-2194 Setbacks from bodies of waterQuestion 1: (I-XVIII)Section 34-2194(b) states that you must comply with the setbacks from natural bodies of water as set forth in the zoning district property development regulations. from the principal building. All parking lots, access streets and drives must be set back a minimum of 50 feet from the right-of-way if located in the Interchange land use category and 75 feet SECTION 34-622(c)(9) Contractors & BuildersQuestion: (I-XVIII)Section 34-622(c)(9) Contractors & Builders Group II allows light fabrication work. Records: 239-321-7045 or via Online FL 33901 City Hall 239-321-7000 City Records. Farming or agricultural use on the same premises specifically define `` primarily ''! Errors in this type of legal description are typographical, such as transposing numbers ( e.g Recreational! This type of legal description are typographical, such as transposing numbers ( e.g accessory uses examples! For property owners electing to set their residence further back from the street than by. Use of the Development standards Ordinance is it subject to the one acre requirement customarily to! Second street, Fort Myers, FL 33901 City Hall 239-321-7000 City public:. 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