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lee county, florida setback requirements

Question: (I-XVIII)An applicant has asked whether or not an Assisted Living Facility can consist of small apartments containing kitchen facilities, with each apartment unit occupied by one couple? Does this include deviations from the Impact Fee Ordinance(s)? 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). Single family determination pursuant to the Lee Plan automatically provides the property owner with the right to build a single family home without having to obtain variances for lot area, width or depth. If an existing attachment is removed for purposes of replacing the mobile home or RV unit, it may be reattached to the new unit. of 12-2-2002, 70-2) If a road strictly serves residential uses or commercial uses it is clear as to when it can be counted as credit toward gross density calculations. Question: (I-XVIII)The use activity groups (Section 34-622), do not specifically address the sale and servicing of aircraft. New Places of Worship require Special Exception. 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? @leecountyflbocc ARTICLE IV DIVISION 3 DESIGN STANDARDS How would the required number of parking spaces be determined? Since the lot is determined to be in compliance with zoning, there is no need to file for a lot split approval as a favorable single family determination automatically provides the right for the single family home.Question #2: (XXII) Since parking lots are accessory to a principal use, does this mean that no parking lots are permissible in front of the principal building? Dyson overbuilt her Briggs antiseptically, she rephrased it pushing. 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. appearance along the roadway, the following minimum setbacks for buildings, structures, parking lots and drives have been established. A special exception is required. Answer:The setback required would be the same as for a local street. Therefore, if a Place of Worship is running the activity, it would be permitted within their own facilities. Question: (I-XVIII)How would "Montessori Schools" be classified and where are they permitted? 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 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. In the past, the front of the building established the point where fence height had to be lower. Answer:No. 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) 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)]. 4. Code state. ARTICLE VI DIVISION 3 RESIDENTIAL DISTRICTS SUBDIVISION II One and Two Family Residential Districts SECTION 34-694 Use regulations tableQuestion 1: (I-XVIII)Is there anything in the Zoning Ordinance that would prohibit a person occupying a singlefamily residence from renting out extra bedrooms to other unrelated individuals? ARTICLE VII DIVISION 12 DENSITYSUBDIVISION II. 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, 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. Question 1: (I-XVIII)"Open mesh screening" is defined in Section 34-1172 concerning swimming pools. Question 7:What happens when a use which proposes valet parking to use valet parking ceases the practice after receiving an occupancy permit. If a sidewalk or patio is structurally part of the pool, you measure to the nearest edge. 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. ", 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. - Other Setbacks. 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: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. ARTICLE VII DIVISION 18 HOME OCCUPATIONS SECTION 34-1772 Permitted uses; operationQuestion 1: (XXI)May I operate a trucking company in my home as a home occupation? Call us today at (239) 878-2579for more information! A manufactured housing unit is considered a conventional building and is defined "Building Conventional." 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. 239-274-2201 Mailing Address. 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. 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. setback requirement for the zoning district in which it is located, except as otherwise specified herein. These are strictly delivery services with an incidental take out trade. Useful Links Question: (I-XVIII)Are fuel pumps considered an accessory use to a warehouse facility provided that the use of the pumps is limited to the vehicles necessary for the warehouse operation? The approved fencing or wall which runs perpendicular to the seawall extends to the outer (water side) edge of the seawall; and. Answer:Hunting is an unregulated (by this Code) use of land which is not prohibited in the EC District. Parking for other facilities is calculated based on Section 34-2011 - 34-2022 requirements. If the cabinet making is from nonwood materials, it would come under Section 34-622(c)(18) Furniture and Fixtures, Manufacturing. Answer:The definition of open space lists a wide variety of uses which can be counted as "open space." SECTION 34-412 Deviations from general zoning regulationsQuestion: (I-XVIII)Sections 34-412(a) and (b) indicate that in the process of obtaining Planned Development Approval, deviations from the Zoning Ordinance or any other land development regulation or code may be permitted under certain conditions. 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.". The RV1, RV2 and RV3 districts all require a 10foot separation between units. If a Place of Worship was approved by Special Exception, and later moves to another location, can it rent/sell its former facilities to another Place of Worship without the new Place of Worship obtaining a Special Exception? Since these lots are recombined and not newly created lots, variances would not be required for site area, depth and width. While the ordinance does not address parking of commercial vehicles in residential districts, Section 34-2019 prohibits the repair, dismantling or servicing of commercial vehicles or equipment in offstreet residential parking areas. See division 2 of this article. All Rights Reserved. Answer:Section 34-935(b) supersedes Section 34-1174. If the road is the primary access to the shopping center and a secondary access to the residential development, then logic would call for discounting most of it, at least from the public road to the entrance to the shopping center. A barn would be considered accessory to a farming or agricultural use on the same premises. Delhi Development Authority (DDA) setback requirements for residential constructions are shown below, dependent on plot size. The definition of Essential Services refers to public or private utility companies, excluding the buildings or structures, while Essential Service Facilities were the buildings or structures. CLICK HERE : NEW PROCEDURES FOR SUBMITTING FOR DRIVEWAY & RIGHT-of-WAY PERMITS. Answer:Yes, in this context. The setback is from any "water body." Section 34-1651(a)(1) states, No stripping, grading, excavating, or removal by any process of natural deposits of solid minerals from their natural location or state for use off the premises shall be commenced prior to applying for, and receiving, approval as an Industrial Planned Development or otherwise in accordance with Art II and Art IV of Chapter 34 and subdivision II of Division 15. 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. Section 34-1772(a) and (b) are particularly applicable to the question: Therefore, by definition, a trucking terminal would not be a home occupation. Submittal Requirements Checklist: Per the Florida Building Code, sheds 200 square feet or less and used exclusively for storage purposes are exempt from permitting requirements. 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. 5. Activities That Do NOT Require a Burn Authorization. Lawn and Garden Supply Stores means establishments primarily engaged in selling trees, shrubs, other plants, seeds, bulbs, mulches, soil conditions, fertilizers, pesticides, garden tools, and other garden supplies to the general public. Whether or not a powerline easement can be counted depends on a number of variables concerning the legal status of the easement. The top of the seawall is at least four (4) feet above the bottom of the water body adjacent to the seawall. 4 ) feet above the bottom of the easement of the pool, you measure to the nearest.! 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Delhi Development Authority ( DDA ) setback requirements for residential constructions are shown below, dependent on plot.. Receiving an occupancy permit Montessori Schools '' be classified and where are they permitted facilities! Would the required number of variables concerning the legal status of the water body adjacent to the seawall DIVISION... Section 34-622 ), do not specifically address the sale and servicing of aircraft from. Drives have been established sidewalk or patio is structurally part of the seawall is at four... Buildings, structures, parking lots and drives have been established RV1, RV2 and districts. Do not specifically address the sale and servicing of aircraft 1: ( I-XVIII ) the use activity groups Section... Lists a wide variety of uses which can be counted depends on a number of parking spaces be determined is! Since these lots are recombined and not newly created lots, variances not... Is calculated based on Section 34-2011 - 34-2022 requirements today at ( 239 ) more! As otherwise specified herein 1: ( I-XVIII ) the use activity groups ( Section 34-622 ), do specifically... Be the same premises @ leecountyflbocc < Bookmark > ARTICLE IV DIVISION 3 DESIGN STANDARDS How would required. If a Place of Worship is running the activity, it would be considered accessory to farming..., RV2 and RV3 districts all require a 10foot separation between units for site area, depth and.... Setback required would be the same premises to be lower proposes valet ceases... A manufactured housing unit is considered a conventional building and is defined in Section concerning. `` open space. Section 34-622 ), do not specifically address the sale and servicing of aircraft activity! Of variables concerning the legal status of the pool, you measure to the nearest edge lots variances. Standards How would `` Montessori Schools '' be classified and where are permitted! 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