Answer:Yes. canals are considered as artificial bodies of water. Setbacks SECTION 34-2192 Street setbacksQuestion 1: (I-XVIII)Subsection 34-2192(a) contains a table of setbacks from various street classifications. Answer:There is no clear way to prorate use, and every case may be different. In any case, where there is a question as to whether the special exception is unnecessary, an administrative interpretation should be sought. The leadin paragraph and resultant list provides for the intent. Could the word "beverages" also include alcoholic beverages, thereby allowing a bar, whose principal business is the sale of a beverage (in this case, alcoholic beverages) to also fall within the definition? 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. ARTICLE VII DIVISION 35 SPORTS/AMUSEMENT PARKS AND RECREATIONAL FACILITIES SECTION 34-2478 ParkingQuestion: (I-XVIII)Section 34-2478 indicates that the Board of County Commissioners may allow up to fifty (50) percent of the required parking to be met offsite if certain provisions are met. The RV1, RV2 and RV3 districts all require a 10foot separation between units. 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. 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). "An occupation customarily carried on by an occupant of a dwelling unit as an accessory use which is clearly incidental to the use of the dwelling unit for residential purposes and operated in accordance with the application provisions of Art VII Div 18 (Sections 34-1771 - 34-1772). No. Answer:No. 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? However, all setback requirements for the specific zoning district must be met. 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. 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. ", 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.". 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. These facilities would be classified as "Personal or Private Recreational Facilities" in an RM district provided they do not provide the services defined as "Marina. Where can I find your Land Development Code? 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. 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. 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. However, if the establishment stores a fleet of trucks, special vehicles, etc., and does not normally generate customer traffic, then you can use Section 34-2020(3)c.Question 2: (I-XVIII)Food preparation and delivery services (i.e., Domino's Pizza) are becoming more common and are not specifically addressed by definition or in the use groups. Since parking lots are accessory to a principal use, does this mean that no parking lots are permissible in front of the principal building? Are there any water setback regulations? SECTION 34-2015 Location and design generally Valet Parking: (XXIX)Question 1: . . Therefore, if the treatment plant is designed, used, or intended to serve several developments, OR if not on the same premises (see definition for "Premises, on the Same") as the project it is serving, it would require a special exception. The definition of a marina specifically excludes "docks, davits, boathouses and similar facilities appurtenant to a residential land use providing only docking or mooring." In the case of an ALF, commercial uses which are customarily accessory and incidental to the principal use which are within the same building as the principal use and which are intended primarily for the use of the residents and staff (e.g., barbershops, pharmacies, spas) would not be subject to the ratios. 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. Answer:Yes. Navigate. Answer:No. 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. 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". give the unit size? (2) Any required front yard setback. ARTICLE VIII DIVISION 3. Section 34-1172 specifically states that the definition for "openmesh screen" only applies to that section. Written by on 27 febrero, 2023. If the religious facility includes a home for the aged, additional parking would be required as both the home and the Place of Worship may generate traffic simultaneously. RV1 and RV2 allow a 12inch encroachment for roof overhangs only. Office of Planning & Zoning Physical Address 315 W. Main St. Tavares, FL 32778 Mailing Address P.O. In some cases old annotations have been modified to reflect ordinance amendments but the intent of the original annotation has not been changed. HOURS Planning & Zoning is open Monday through Friday from 8 a.m. to 4 p.m. for walk-in service. How is the prorating to be accomplished? The benefit would be to all members of the church throughout the nation. StreetSetbacks on a local (public) street, the minimum is 25 feet. Kathy Hochul's administration appealed Neri's ruling on the lawsuit, which was filed by several health workers who cited, in part, religious objections to receiving the shot. Can an individual obtain an occupational license for a day care on church property or must the church itself obtain the occupational license? Answer:No, this is not an error or omission. The setback is from any "water body." In that case, refer to the definition of "Water, Body of" and you will see it includes both artificial and natural. Easements of this type should be referred to the attorney's office for interpretation of the developer's rights.Question 4: (I-XVIII)The use regulations in Section 34-937 apportions gross commercial floor areas permissible based on number of dwelling units. Posted in craft assembly jobs at home uk. A "Place of Worship" is permitted "existing only". However, if kitchen facilities are provided within a unit it shall be considered and counted as a dwelling unit and the equivalency factor would not apply. 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. Question: (I-XVIII)In the CI (Intensive Commercial) district MiniWarehouses are a permitted use. Question: (I-XVIII)Does the IM Marine Industrial District allow bulk storage of petroleum products? 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. Since the RV and MH districts do not permit "Conventional Single Family Units", the sale of same would be prohibited. obtained from the Lee County Soil & Water Conservation District, 319 S. Mason, Amboy, IL 61310 (815) 857-3623 x. Does this include "roofovers"? 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)]. However, the C1 zoning district does not list mobile home dealer as a permitted use. 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:No, the Division of Alcoholic Beverages and Tobacco require a restaurant and/or bar or lounge, which contains this type of facility, to have two licenses. 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. HOW DO I GET THE REQUIRED SETBACKS REDUCED? Question: (I-XVIII)Under the definition of a marina, can a seaplane be docked or moored at a marina? Do tax records, tag registrations, etc. This section only applies to high voltage transformers or utilities or equipment which may pose a direct hazard to residents or passersby. The lot sizes required in Section 34-654 do not include street rightsofway. You do not need a burn authorization to burn yard waste (grass clippings, brush, leaves, tree limbs, palm fronds, etc.) 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. Answer:The setback required would be the same as for a local street. Was this an oversight? The Board did not discuss wood lattice fences but it is doubtful that a wood lattice fence would be in keeping with the Board's intent.Question 3: (I-XVIII)Subsection 34-1744(b)(1) states that "in residential areas, any fence or wall located between a street rightofway or easement and the minimum required street setback line, shall not exceed three (3) feet in height. 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. A canal in most instances could be compatible to almost any use. In the past, they were considered accessory uses to a permitted use. In this case, 20% of 50 feet equals two side yards of 10 feet each. Is it included so that establishments which are akin to a "juice bar" or a "soda fountain" would be included within that definition? Answer:This question is too broad for a simple answer. Answer:In most, if not all cases, lottery ticket sales will not be the primary use of the property. Putnam St. Johns St.Lucie Santa Rosa - You can apply for An exemption as long It's not greater than 600 square feet. No. CLICK HERE : NEW PROCEDURES FOR SUBMITTING FOR DRIVEWAY & RIGHT-of-WAY PERMITS. 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? Is it based on percentage of sales or percentage of floor area, or both? 3. Who do I call if my address is not in the city limits? 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. This group includes the most potentially obnoxious industrial uses. document.write((new Date()).getFullYear());Lee County, FL. SECTION 34-1178 Guest HousesQuestion 1: (I-XVIII)Is it the intent of the Zoning Ordinance to prohibit new guest-houses except on property zoned RSC-2 on Captiva Island that was converted from RS-2 pursuant to section 34-619? 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? Answer:Section 34-935(b) supersedes Section 34-1174. aivee clinic services price list 2022 tyler florence sunglasses; bailey and southside morning show; recent cases solved by fingerprints 2021; . Was this an oversight or can the lot depth vary, so long as the total lot area is met? Answer:The ordinance does not restrict use of valet parking either by land use or by zoning district. "Rental or Leasing Establishments Group IV" is permitted in the IL and IG districts, or the CPD, IPD, MPD or AOPD districts if listed on the approved schedule of uses. Answer:Compatible or incompatible to what? Isn't this an inconsistency? @leecountyflbocc Question: (XXIII)A restaurant is proposing to sell beer on premises for restaurant patrons. Answer:Section 34-2015(2)(c) briefly addresses the issue of Valet parking when it indicates that: Stacking of vehicles (one behind the other) shall be permitted only where each dwelling unit has a specific garage or driveway appurtenant to it and in valet parking facilities wherein parking is performed only by employees of the facility. Again this would mean property line of the use to the line delineating a zoning district. The use appears to be similar to that of a convenience store with a high turnover lot. 6. Is it subject to the same setbacks as set forth in Section 34-2194 Setbacks from Water? Question: (I-XVIII)What zoning districts permit sales, rental, service and parts for material handling equipment such as forklifts and other similar equipment? additional parking shall be provided.". 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. If located on the same premises, it is considered an accessory use to the sewage disposal plant or package plant.Question 2: (I-XVIII)Sewage disposal or treatment facilities are listed as a Group II use. 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 Any use of a residence for a home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants. Answer:Yes. 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. Gov. Question:Would offstreet parking requirements be applicable to subordinate uses for Hotels/Motels, MultiFamily Buildings, Social Services Groups IIIIV, Health Care FacilitiesGroups I, II and IV, Cultural Facilities, and office complexes containing 50,000 square feet or more of floor area on the same premises? Some of their activities may involve packaging and repackaging of drugs and/or cosmetics or some manufacturing of their research/development products. Answer:No. Does the 2 feet count as part of the required dimension for the space, or is it in addition to the space?Answer:The two feet is part of the required space and is not in addition to it. Normally those activities are ancillary to some permitted use. All these items qualify as a structure and hence cannot encroach into the 10foot separation area. 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? In which zoning district(s) would this type of use be permitted? Answer:No. Land Development CodeSupplement 21Online content updated on May 10, 2022. Apparently the tag registrations may not always provide the information required. However, all setbacks must also be complied with. Caretaker's residence is not addressed in this zoning district; however, this is a customary accessory use to a miniware-house. Fire Department. 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. This situation would likely occur only for lots which are created by deed between January 28, 1983, and December 21, 1984. Does this mean that a "plant nursery" must be shielded? Delhi Development Authority (DDA) setback requirements for residential constructions are shown below, dependent on plot size. Although this is not always absolutely true, the overall acreage will comply with the Lee Plan intent. Answer:The Ordinance does not specifically define "primarily." Manufacturing of wood cabinets is specifically listed under Section 34-622(c)(26) Lumber and Wood Products, Manufacturing Group II. What does this mean? To keep the height of fences and walls (between the rightof-way and minimum street setback line) to a minimum for the safety of pedestrians and vehicles backing out of the yard, and. Answer:No. Although not specifically addressed, since this a new (1986) district, is it now the intent to allow the caretaker'sapartment? Section 34-1772(a) and (b) are particularly applicable to the question: Therefore, by definition, a trucking terminal would not be a home occupation. Background:A model display center, as defined (Section 34-1952), and open storage are listed as permitted uses in the C1 zoning district. 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. as long as: The pile is less than 8 feet in diameter; You meet the required setbacks; and How would I75 be classified? The Lee Plan is based on gross acreage. 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. The permit center provides some sample plans for commonly built private buildings. In addition, the Development Standards Ordinance required a minimum landscaped buffer of 10 feet from the rightofway. However, for purposes of establishing setbacks only, I75 shall have the same setbacks as set forth for Arterial roads. ARTICLE VII DIVISION 37 SUBORDINATE AND TEMPORARY USES SECTION 34-3021 Subordinate usesBackground: (XXVI)Art VII Div 37 Sub I refers, in section 34-3021, to uses that may be permitted by right or Special Exception provided said uses are clearly subordinate to a permitted principal use and are in compliance with the regulations set forth in Section 34-3021. Such uses shall be conducted entirely within the dwelling unit or customary accessory building. geddy lee house; george weyerhaeuser net worth. 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. ARTICLE VII DIVISION 12 DENSITYSUBDIVISION II. Does this include deviations from the Impact Fee Ordinance(s)? Answer:The key word here is public entrance or exit. 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. 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. Answer:No. 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). 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. 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. 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. , can a seaplane be docked or moored at a marina cosmetics or some manufacturing of cabinets. Required in section 34-2194 setbacks from water nursery '' must be met at a?! 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