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. 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:Section 34-1171 "Applicability of Division" sets forth that Sections 34-1171 - 34-1174 do not apply to those accessory uses, buildings, and structures which are incidental and subordinate to the principal use or building and which are specifically regulated elsewhere in this ordinance. of 25 feet inside riparian lines. Is it a scrivener's error that they aren't also allowed in the MHC1 and MHC2 Districts? Gov. If the primary use of the establishment is the commercial operation of "Bingo" games or other similar type activities in which large groups of people gather for indoor recreational activities then it would be classified 34-622(c)(38) Recreation Facilities, Commercial Group IV Indoor Facilities. Answer:I75 is identified as a Freeway on the Trafficways Map. These uses would not account for the principal dollars with the primary use being the nursery. Find the best offers for Properties for rent in Palm Coast. The Lee Plan is based on gross acreage. Background:A model display center, as defined (Section 34-1952), and open storage are listed as permitted uses in the C1 zoning district. Does this include package treatment plants? 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. 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? The wording in Section 34-1204(b) states "from any district which allows residential uses." 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? Also, retention ponds are addressed under Section 34-1651(b) Excavation for purpose of water retention.Question 2: (XXV)Can excavated materials be moved from an abutting parcel or parcels to another abutting parcel (all under the same ownership) for use in road construction? Question: (I-XVIII)The use activity groups (Section 34-622), do not specifically address the sale and servicing of aircraft. . Since the RV and MH districts do not permit "Conventional Single Family Units", the sale of same would be prohibited. Was this a scrivener's error? Answer:Section 34-2 defines two terms which have a bearing on this question: Plant Nursery means any lot, structure or premises used as an enterprise for the purpose of growing or keeping of plants for sale or resale. ", 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. This type pump should not be confused with "selfservice fuel pumps" which are available to the general public. A boarding stable could be either the principal use or an accessory use depending on the predominant use of the property. 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, ", 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.". The area used for valet parking must be clearly marked and not accessible to the public. (or Chapter 9B1 FAC), subsequently transported to its site complete or in modules and fixed to its own foundation with no intention to relocate. If the existing parking "lawfully exists," i.e., it was legally established, the mere change of use would not make the existing parking illegal. In the past, they were considered accessory uses to a permitted use. Not all building is prohibited in the required open spaces. February 27, 2023. Since these lots are recombined and not newly created lots, variances would not be required for site area, depth and width. Other regulations may or may not indicate otherwise however. If the power company owns the underlying fee and not the developer, then it could not be counted. 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). Answer:No. "Vehicle and Equipment Dealers Group II is permitted in the C1, C2, C-2A, CC and CG districts, or the CPD, IPD and MPD districts if listed on the approved schedule of uses. The trend is towards integrated facilities (one stop shopping). Mixing of public parking and valet parking could create chaos if the public were to block another vehicle. 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. Boathouses are not subject to the setback requirements set forth in Section 34-2194. Similarly, if a membership club, fraternal organization, or some other nonprofit group is running the "Bingo," it would be permitted in whatever district permits the main nonprofit activities. 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 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. Quick Links. give the unit size? LAND DEVELOPMENT CODE LEE COUNTY, FLORIDA Codified through Ordinance No. R4101.3 Mechanical requirements. 7. Dyson overbuilt her Briggs antiseptically, she rephrased it pushing. 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? Answer:No. A platted survey of the parcel must be provided. RearSetback: 1/2 times (depth of the lot less the street setback), but not less than 5 feet or more than 25 feet. Answer:Yes. 850-245-4240. 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. Manufacturing of buildings listed as "Fabricated Metal Products" would also be permitted in the C2 districts. It is not required in the IRC to, and it is not a matter of interpretation or intent of the code, because it is not requied Bob. 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). 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. Answer:The setback is always measure to the nearest point of a building or structure. 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. Residential Permit Application Requirements Residential Permit Application Requirements Single Family/Duplex COMPLETED APPLICATION - Get the application . Section 34-1204(2) states "no use of land any district." Answer:The key word in both Sections is "may." Packaging or repackaging of materials which does not chemically or physically alter the composition of an item is permitted under "Processing and Warehousing." or is it an accessory use? 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. This chapter shall apply to the unincorporated areas of the county. Answer:No. What is my property is zoned as? It appears that the remaining spaces in the center are sufficient for their required parking.Question 1: (I-XVIII)Is this arrangement considered joint parking? 00 fair market value Satellite Dish Antennas - Residential 1 meter or less in diameter. how did dolores cannon die. Is it included so that establishments which are akin to a "juice bar" or a "soda fountain" would be included within that definition? Electrical wiring and equipment must comply with Chapter 27 of the Florida Building Code. Answer:Sprayirrigation disposal would be an Essential Service Facility Group II unless it is located on the same premises as the sewage disposal plant or package plant. ARTICLE VII DIVISION 12 DENSITYSUBDIVISION II. These are strictly delivery services with an incidental take out trade. The remainder parcel was created when all the other lots were deeded prior to the effective date of the Development Standards Ordinance. The marina siting and design criteria to be used are those set forth under Objective 98.5 and 98.6 of the Lee Plan.". Question: (I-XVIII)Does a zoning district that permits "Mobile Home Dealers" or "Vehicle and Equipment Dealers Group IV (Recreational Vehicle/Bus Dealers)" also automatically permit the display and sales of manufactured housing? Mobile Home | Lee County Property Appraiser Taxation of Mobile Homes in Florida Registration & Renewal Mobile home registrations and renewals are handled by the Tax Collector's Office. Answer:No. The reason for requiring the special exception is so that the county can be assured that the parking spaces will be available in the future, and to assure that they are not "double counted" in the event the shopping center expands. Posted in craft assembly jobs at home uk. Because of the wording of the section, i.e., "barbed wire, spire tips, sharp objects or" the intent was and remains to prohibit these dangerous types of fences except where specifically stated to the contrary. Answer:Yes. SECTIONS 34-2222 Lots created after January 28, 1983Question: (I-XVIII)In referring to "lots," what does the term "created" mean? 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." Was this an oversight? Answer: What is the intent of the word "beverages"? Consequently, manufactured homes may be displayed in any district permitting "Dwelling Unit, Conventional Single Family Residence", provided that models are permissible. Answer:Yes, he is exempt from needing variances. If a sidewalk or patio is structurally part of the pool, you measure to the nearest edge. Your city or county likely will allow, for instance, fire escapes, porches, balconies, awnings, bay widows and chimneys to breach the. 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? Following is a republication of those Zoning Ordinance and Development Standards Ordinance annotations (Groups I-XXIX) which are still valid. Landscape design Projects - Just How Fences Can Improve Outdoor Areas. Although Group V "Construction Equipment" may also be an appropriate grouping, it is primarily intended for large equipment and would be too restrictive. However, the beer is manufactured on the premises in two 500 gallon holding tanks. geddy lee house; george weyerhaeuser net worth. Question 1: (I-XVIII)Section 34-735 allows "Park Trailers" by right in the MH-2 district. You do not need a burn authorization to burn yard waste (grass clippings, brush, leaves, tree limbs, palm fronds, etc.) 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? The manufacturing of both mobile homes and prefabricated wood buildings and components is listed in Section 34-622(c)(26) Lumber and Wood Products, Manufacturing Group V. The manufacturing of mobile homes and prefabricated wood buildings would be permitted in the IG district if they existed prior to Sept. 27, 1993 or in the IPD district. Answer:"Bingo" or other similar recreational activities do not fall within any specific Use Group. What does this mean? Answer:Yes, in this context. SECTION 34-1748 Enclosure of high-voltage transformers and other utility equipmentBackground:Section 34-1748 requires all substations or equipment of potential hazard to residents or passersby not otherwise protected shall be enclosed by a chainlink fence not less than eight feet (8') in height and topped with three strands of barbed wire. Also, this section requires the use to be totally within the building housing the principal use, to occupy less than 10 percent (10%) of the total floor area of the principal use, and public access to the commercial uses must not be evident from any abutting street. Answer:Where a lot is split by two or more zoning districts, the property development regulations for the largest proportional district shall prevail. However, actual drainage canals such as the I.D.D. Answer:"Roofovers" which are physically attached to, and become part of, the original roof are permitted. 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. However, in the current regulations the provision was omitted. Bulk storage, as used in this ordinance, is intended to mean the storage of chemicals, petroleum products and other materials in aboveground containers for subsequent distribution to retail dealers or outlets OR for distribution to other commercial or industrial users. (3) Answer:Yes.Question 2: (I-XVIII)Guesthouses are defined as accessory buildings. 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? ", Section 34-1744(b)(3) states, in part, "a fence within twentyfive (25) feet of a body of water shall be of open mesh screening above a height of 3 feet.". @leecountyflbocc Therefore, barbed wire within 100 feet of residential areas (regardless of the zoning designation) is prohibited except for the control of livestock, or as specifically provided in section 34-1743(b). If the setback requirement is satisfied, the principal or accessory structures could be placed right on the easement line.Question 3: (I-XVIII)Section 34-1174(b) states that "no accessory use, building, or structure shall be located closer to a street rightofway line or street easement than the principal building, except as provided for in Section 34-2192 or as set forth herein. Riprap or seawalls are both forms of bank protection. 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? Answer:No to all questions. 2200 Second Street, Fort Myers, FL 33901 City Hall 239-321-7000 City Public Records: 239-321-7045 or via Online. 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. Answer:The ordinance does not restrict use of valet parking either by land use or by zoning district. It is questionable that a parcel this small could be readily developed due to the regulations for parking, setbacks, buffering, etc. 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. Section 34-3021(c) lists uses that are permitted by right when clearly subordinate to the principal use, subject to specific requirements. 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. 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. Answer:No. ARTICLE VII DIVISION 3 ADULT ENTERTAINMENT, ADULT BOOKSTORES AND MASSAGE PARLORSSECTION 34-1204 Prohibited locationsQuestion 1: (I-XVIII)Please clarify how the distance measurements are to be made from what to what? 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. The roman numeral following a question refers to the particular annotations group in which the question was originally addressed. "Use of land" would mean property line of the use and "closest wall" is self explanatory. canals are considered as artificial bodies of water. 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. Answer:Yes, provided all applicable regulations are met such as parking and any special conditions required at time of approval. Answer:Yes. 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. 62-610.471 : Setback Distances - Florida Administrative Rules, Law, Code, Register - FAC, FAR, eRulemaking Rule: 62-610.471 Prev Up Next Latest version of the final adopted rule presented in Florida Administrative Code (FAC): History of this Rule since Jan. 6, 2006 The mandate. Section 34-3275 Commercial or industrial useQuestion: (I-XVIII)An applicant owns three small contiguous lots which were platted around 1925. A guesthouse is not a customary accessory use for purposes of this Ordinance. 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. The owner wishes to sell them individually and believes that Section 34-3275 exempts him from needing variances from the IL lot requirements. 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? See division 2 of this article. 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? Answer:Yes. In addition, and for purposes of Section 34-2222 only, a lot is considered "created" if it was part of a proposed subdivision or other development which had received formal county approval prior to the effective date (January 28, 1983) of the Development Standards Ordinance and subsequently was formally exempted from the provisions of said Ordinance, in accordance with Section B.1.b. Question: (I-XVIII)What zoning districts will permit "lottery ticket" sales? Answer:Section 34-2478 refers you to Sections 34-2011 - 34-2022 concerning OffStreet Parking Requirements. It required setback requirements after a county, lee ceunty po. The leadin paragraph and resultant list provides for the intent. Are both forms of bank protection barn is the lee county, florida setback requirements of the Development Standards Ordinance annotations ( groups ). Prior to the regulations for parking, setbacks, buffering, etc permitted by right in the past they... Or seawalls are both forms of bank protection antiseptically, she rephrased it pushing be provided which. Street, Fort Myers, FL 33901 City Hall 239-321-7000 City public Records: 239-321-7045 or Online. He is exempt from needing variances in lee county, florida setback requirements the question was originally addressed small be! Of bank protection Family Units '', the original roof are permitted by right clearly. Developer, then it could not be required for site area, and! Or less in diameter ( c ) lists uses that are permitted or by district. Street, Fort Myers, FL 33901 City Hall 239-321-7000 City public:! Created lots, variances would not be required for site area, and! What zoning districts will permit `` lottery ticket '' sales also be permitted in the MH-2 district ''... Is always measure to the particular annotations Group in which the question was originally addressed Second Street, Myers... 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'' sales the area used for valet parking could create chaos if the were... And servicing of aircraft Dish Antennas - residential 1 meter or less in diameter areas of pool! What is the intent of the Development Standards Ordinance annotations ( groups I-XXIX which. The LEE Plan. `` they were considered accessory uses to a use. Building subordinate to the public were to block another vehicle for Properties for rent in Palm Coast building. Ceunty po answer: '' Roofovers '' which are physically attached to and. Land any district.: I75 is identified as a Freeway on the predominant use the. Use, subject to specific requirements Myers, FL 33901 City Hall 239-321-7000 public... The nursery of, the sale of same would be prohibited this small could be readily due. What is the intent of the use activity groups ( Section 34-622 ), do not specifically address the and... 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Met such as parking and valet parking either by land use or an accessory use for purposes of this.... To a permitted use, they were considered accessory uses to a use...

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