Section 34-1772(a) and (b) are particularly applicable to the question: Therefore, by definition, a trucking terminal would not be a home occupation. 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. 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). of 12-2-2002, 70-1) Sec. 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. 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. 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. Prefabricated metal buildings are listed in Section 34-622(c)(14) Fabricated Metal Products/Manufacturing Group III. ", 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.". RV1 and RV2 allow a 12inch encroachment for roof overhangs only. Merely adding a grill or sandwiches to bar or cocktail lounges does not qualify the bar to be called a restaurant. The Lee Plan is based on gross acreage. Which regulation is correct? Satellite earth stations must meet the minimum setback requirements for the zoning district in which proposed, as well as those setback requirements in section 34-2191, et seq. 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. Suite 301 812 E. James Lee Blvd.\rShalimar , FL 32579 . 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. Answer:"Roofovers" which are physically attached to, and become part of, the original roof are permitted. 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. Answer:Yes. The DSO prohibits backing out onto a rightofway, so should we not count those spaces when computing required spaces? Answer:Yes, in this context. See division 2 of this article. Question 1: (I-XVIII)Section 34-735 allows "Park Trailers" by right in the MH-2 district. These uses would not account for the principal dollars with the primary use being the nursery. Answer:Section 34-2478 refers you to Sections 34-2011 - 34-2022 concerning OffStreet Parking Requirements. 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? additional parking shall be provided.". Question 2: (I-XVIII)Can recreational vehicles be placed in the MHC-1, MHC-2, MH1, MH2, MH3 or MH4 zoning district? 68.305. 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.". Question: (XXI)
Setback requirements for main buildings are different from setbacks for detached accessory structures. The intent of the ordinance is to allow stacking of vehicles only where the occupant of a dwelling unit or an employee of a parking facility has the authority to move cars to gain access to cars which have been blocked by other vehicles. Answer:"Bingo" or other similar recreational activities do not fall within any specific Use Group. 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. Your city or county likely will allow, for instance, fire escapes, porches, balconies, awnings, bay widows and chimneys to breach the. 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. 4. Access Walkway = that part . 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. 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. Answer:The setbacks listed in the individual zoning district property development regulations do not distinguish between natural or artificial bodies of water. 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? 2.) if the property is in an Agricultural district, it may only be necessary to apply for a Special Exception provided the excavation is less than 320 acres, otherwise an appropriate Planned Development approval is required. Establishments primarily engaged in growing are classified as plant nurseries. SECTIONS 34-2222 Lots created after January 28, 1983Question: (I-XVIII)In referring to "lots," what does the term "created" mean? Answer:No. The minimum required setbacks set forth in Sections 34-2191 to 34-2196 apply to all zoning districts. The definition also indicates that it must be part of the development site. It was the intent of the BOCC to allow the replacement of the units without interfering with existing attachments. The Lee County Board of Commissioners enacts this chapter under the exercise of powers conferred upon it by the Georgia State Constitution, Article IX, Section II, Paragraph IV, Planning and Zoning. A church would like to provide RV facilities on their property for use of the church members. (3) Any required side yard setback. Contact your local Florida Forest field unit for setback requirements. The marina siting and design criteria to be used are those set forth under Objective 98.5 and 98.6 of the Lee Plan.". Apparently the tag registrations may not always provide the information required. If the cabinet making is from nonwood materials, it would come under Section 34-622(c)(18) Furniture and Fixtures, Manufacturing. A residence should always be required to comply with setbacks for principal buildings. Also, Section 34-1955(c) allows for sales to be conducted in a main sales office located on or off the premises. The definition of a mobile home is: A building, manufactured off site, in conformance with the Federal Mobile Home Construction and Safety Standards (24 CFR 3280, et seq), subsequently transported to a site complete or in sections where it is emplaced and tied down in accordance with Chapter 15 C1, FAC with the distinct possibility of being relocated at a later date. This person's property is located at: (Address or legal description of property for which average setback is requested.) Carlos Machado Sociology Student (B.A. The key issue is the predominant activity of the property. Answer:Yes, he is exempt from needing variances. 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? "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. (a) Side yard setbacks in residential areas shall be a minimum of 5 feet from the property line, unless a zero-lot line is proposed. Section 34-2015 (1) states: "all required parking spaces shall be provided on the same premises and within the same or similar type zoning district as the use which they serve. The intent of the setback requirements is in addressing unprotected banks. Answer:Hunting is an unregulated (by this Code) use of land which is not prohibited in the EC District. 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. The owner wishes to sell them individually and believes that Section 34-3275 exempts him from needing variances from the IL lot requirements. or is it an accessory use? R4101.3 Mechanical requirements. NONCONFORMING BUILDINGS AND USE OF BUILDINGSSECTION 34-3241 Nonconforming buildings and structuresQuestion: (I-XVIII)Section 34-3241(B) states that a "nonconforming structure damaged by fire or other natural forces may be reconstructed at, but not to exceed, the lawful density and/or intensity existing at the time of destruction; provided, however, that the reconstruction of said structure is consistent with federal, state and local regulations and all other provisions of this Ordinance." csfa league table. Under Florida law, adjoining landowners are under no legal obligation to erect fences dividing their land. 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? The lot sizes required in Section 34-654 do not include street rightsofway. ", SUBDIVISION IV Mobile Home Residential Districts SECTION 34-735 Use regulations table (Mobile Homes). The definition of a marina specifically excludes "docks, davits, boathouses and similar facilities appurtenant to a residential land use providing only docking or mooring." CLICK HERE : NEW PROCEDURES FOR SUBMITTING FOR DRIVEWAY & RIGHT-of-WAY PERMITS. Answer:Any storage other than the plants themselves must be screened. Although not specifically addressed, since this a new (1986) district, is it now the intent to allow the caretaker'sapartment? This chapter shall apply to the unincorporated areas of the county. It can additionally open up brand-new style choices, as well as add services, as well as including worth to your residential 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. 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. Sewage plants listed as Essential Service Facility Group II were intended to mean facilities serving more than one project. 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. What is the intent of the word "beverages"? Question: (I-XVIII)Can an existing marina in a C1-A, C1, C-2, C-2A, CG, or CT district be expanded? SECTION 34-736 Property development regulations table
Lee County Clerk's Office. additional parking. Answer:It would be considered as a recreational vehicle park operated by a religious institution. 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. Answer:This depends on the type of operation. SUBDIVISION II MINING SECTION 34-1679 Renewal of permitQuestion: (I-XVIII)The way Section 34-1679(c) is worded, permits can be modified merely by making application to the Director. Answer:Section 34-935(b) supersedes Section 34-1174. 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 ". Does this mean that a "plant nursery" must be shielded? However, the Lee Plan Rural and Open Land use categories require one (1) acre. Residential Permit Application Requirements Residential Permit Application Requirements Single Family/Duplex COMPLETED APPLICATION - Get the application . Answer:No to all questions. SECTION 34-874 Property development regulations tableQuestion: (I-XVIII)Section 34-874, Footnote (3), indicates that boat service buildings or structures may be built up to the mean high water line, in the CM, IM, and PORT districts. Question: (I-XVIII)What zoning districts will permit "lottery ticket" sales? Mobile homes, Recreational Vehicles, and Park Trailers are all specifically defined. 6. Is it based on percentage of sales or percentage of floor area, or both? 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? Answer:I75 is identified as a Freeway on the Trafficways Map. Question: (I-XVIII)Does the IM Marine Industrial District allow bulk storage of petroleum products? Question 7:What happens when a use which proposes valet parking to use valet parking ceases the practice after receiving an occupancy permit. 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 34-2011(b) addresses existing developments. Fax. 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. 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: . 22-07, adopted March 1, 2022. Answer:Yes. However, actual drainage canals such as the I.D.D. Caretaker's residence is not addressed in this zoning district; however, this is a customary accessory use to a miniware-house. If not, or if tax records do not provide the required information, the applicant can submit an affidavit or other competent evidence. Answer:
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? 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? 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. 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.
According to the developer, he has an easement to use the parking spaces for his exclusive use. Answer:No. 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. Question 6:Where a parking facility offers both public parking and valet parking, if the public portion fills up and portions of the valet parking area are still vacant, can the public use the valet parking area? C ) allows for sales to be called a restaurant units and sets forth standards. Of operation variances from the IL lot requirements the Trafficways Map in Sections 34-2191 to 34-2196 to! Forth under Objective 98.5 and 98.6 of the Lee Plan Rural and land! Should we not count those spaces when computing required spaces categories require one 1. 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