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. Annotations which are no longer valid have been deleted. Box 7800 Tavares, FL 32778 Email pzinfo@lakecountyfl.gov Phone 352-343-9641 Fax 352-343-9767 Do tax records, tag registrations, etc. The wording in Section 34-1204(b) states "from any district which allows residential uses." 5. 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? Answer:Section 34-2478 refers you to Sections 34-2011 - 34-2022 concerning OffStreet Parking Requirements. 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. Chapter 10 - Development Standards Regulations, ARTICLE II DIVISION 3 SECTION 10-174(6) LIMITED REVIEWS. of 25 feet inside riparian lines. Question 2: (I-XVIII)Section 34-792 does not allow roof overhangs or eaves to encroach upon the required 10 foot separation between units in the RV-3 District. Written by on 27 febrero, 2023. Community Development. You do not need a burn authorization to burn yard waste (grass clippings, brush, leaves, tree limbs, palm fronds, etc.) Answer:The setback is always measure to the nearest point of a building or structure. 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? ARTICLE VII DIVISION 12 DENSITYSUBDIVISION II. Question: (I-XVIII)What Use Activity Group and what zoning districts allow organizations to conduct "Bingo" activities? Since the dictionary defines "carpentry" as "the art of shaping and assembling structural woodwork," and fabricating as "to construct or manufacturer," does this mean that cabinet making is a permitted use? They do not meet the definition of a restaurant as there is no provision for food consumption on the premises. Activities That Do NOT Require a Burn Authorization. Environmental Engineering 239-274-2200 LeeCHDEEFeedback@flhealth.gov Fax. However, all setbacks must also be complied with. What is the intent of the word "beverages"? Maximum required is 25 feet. A review of the permitted uses will also show that bulk storage of petroleum is not a permitted use. Does this include deviations from the Impact Fee Ordinance(s)? Answer:No, this is not an error or omission. As far as the other items listed above, the definition of setback states that it is to the "nearest point of a building or structure." 7. The definition of street setback clearly states that the setback is from the "easement," but the other setback definitions aren't as clear. 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? Question: (XXIV)Would this requirement apply to other utility structures or equipment, such as a water treatment plant, that do not pose a direct hazard to passersby or residents? Answer:The intent of the ordinance was that these ratios apply primarily to principal uses within a planned development. Jurisdiction. 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. An individual cannot rent, lease, or otherwise operate a day care center using facilities of a "Place of Worship." Answer:In reviewing the use activity groups it would appear that two options are available, depending on the primary emphasis of activity. Shouldn't this also say that they must be approved by the Director? No recreational vehicles including Park Models are permitted in the MHC-1, MHC-2, MH1, MH3 or MH4 districts, and no recreational vehicle except Park Models are permitted in the MH2 district. Question: (I-XVIII)How would "Montessori Schools" be classified and where are they permitted? The intent of this group is to provide for the contractors and builders who erect and/or repair buildings, etc. ARTICLE VII DIVISION 24 MODEL HOMES, UNITS AND DISPLAY CENTERS SECTION 34-1954 Model homes and model unitsQuestion: (I-XVIII)Section 34-1954(B)(2) requires all model homes be connected to water, sewer and electricity. 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. Employment. Contact Bob Lee, Right-of-Way Specialist, at 941.743.1264 or Robert.Lee@CharlotteCountyFL.gov. Answer:Yes. Answer:No. ", 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.". Under Florida Law, email addresses are public records. 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. Answer:Yes. Useful Links When there appears to be a conflict in how particular situation is handled in the zoning ordinance, i.e., is this a recreational vehicle park owned by a religious institution or is it a religious facility which has recreation vehicle camp sites, the more restrictive prevails. Answer:No. The approved fencing or wall which runs perpendicular to the seawall extends to the outer (water side) edge of the seawall; and. The emphasis is on
The RV1, RV2 and RV3 districts all require a 10foot separation between units. Please turn on JavaScript and try again. "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. Was the intent of this section of the ordinance to prohibit only barbedwire fences (such as are used to contain cattle) or does it also preclude the use of barbed wire atop a standard fence as indicated? 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. The "light fabrication work" is to allow certain trades (such as air conditioning installers) to fabricate special parts or structural pieces required to handle unusual situations on the job. 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? 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. . how did dolores cannon die. You can also talk to a plans examiner at the permit center who 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. The Board of County Commissioners may allow deviations. S. Get the latest legal news and information, and learn more about laws that impact your everyday life by visiting FindLaw Legal Blogs. Where can I find your Land Development Code? 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. Find Us On Social Media:
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. Exceptions: Marginal docks must be setback min. 4052 Bald Cypress Way, Bin A-08. Answer:No. Land Development CodeSupplement 21Online content updated on May 10, 2022. 00 fair market value Satellite Dish Antennas - Residential 1 meter or less in diameter. Answer:Yes. Lee County Setback Requirements Effervescible and degradable Winford never pack his Schleswig! For clarification and in anticipation of a future annotation, even though cosmetics is listed under Chemicals and Allied Products Group II, it would not be a Research and Development Laboratories Group III because cosmetics would not be classified as "hazardous materials.". 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. I still need what the Florida Res. However, this particular question was recently addressed by the Board of County Commissioners. Does this mean that they are generally permitted as a residential accessory use? Pools built after August 1, 1986 are subject to the 1986 regulations.Question 5: (XXII)Section 34-1176(c)(1) requires "every swimming pool, hot tub, spa, or similar facility to be enclosed by a fence, wall, screen enclosure or other structure, not less than four (4) feet in height, constructed or installed so as to prevent unauthorized access to the pool by persons not residing on the property." R309.4 Carports Since this is manufacturing, would this be permitted only in a Light Industrial zoning district? A canal in most instances could be compatible to almost any use. A "Place of Worship" is permitted "existing only". Group IV of Section 34-622(c)(48) Stone, Clay, Glass and Concrete products, manufacturing, has not been included as a permitted use in the IG district. Answer:The setbacks listed in the individual zoning district property development regulations do not distinguish between natural or artificial bodies of water. If the power company owns the underlying fee and not the developer, then it could not be counted. - Other Setbacks. Doesn't this also apply to a principal structure? Lee County Clerk's Office. Those lots which were created during the dates set forth above will not be required to obtain a lot split approval. No. 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 ". 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? Does "sewer" include septic tanks? Lot 104 typed as Lot 140), or omitting a Block, Unit, or Building number. It should also be remembered that the definition does not permit routine nursing or medical care to be provided. HOURS Planning & Zoning is open Monday through Friday from 8 a.m. to 4 p.m. for walk-in service. The mandate. Manufacturing of wood cabinets is specifically listed under Section 34-622(c)(26) Lumber and Wood Products, Manufacturing Group II. . Fax. However, RV1 and RV2 allow a 12 inch encroachment. . Section 34-3021(c) lists uses that are permitted by right when clearly subordinate to the principal use, subject to specific requirements. "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:The most similar use group would be Section 34-622(c)(55) Vehicle and Equipment Dealers. Carlos Machado Sociology Student (B.A. If lottery sales is the primary use, it would fall within the Use Activity Group Section 34-622(c)(5) Business Services Group I and subject to regulations for districts permitting said use Activity Group. However, it cannot be enlarged.Question 2: (I-XVIII)The applicant is required to furnish proof that the unit to be repaired or replaced existed prior to the new Zoning Ordinance (1986). Prefabricated metal buildings are listed in Section 34-622(c)(14) Fabricated Metal Products/Manufacturing Group III. or is it an accessory use? The leadin paragraph and resultant list provides for the intent. Parking for other facilities is calculated based on Section 34-2011 - 34-2022 requirements. Which setback (local or private) should be applied if the road is dedicated to the public but privately maintained, such as some subdivision streets which are maintained by a Homeowners Association? A special exception is required. 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)]. By requesting an average setback, your neighbor will be able to place their residence/structure in a manner consistent with similar structures in the neighborhood. Answer:No. Fuel pumps which are solely for the use of private establishments and their vehicles are considered an accessory use. Why doesn't someone answer the phone when I call? Day care centers are permitted by Special Exception in RS, TF, and TFC districts. Landscape design Projects - Just How Fences Can Improve Outdoor Areas. Be counted a Light Industrial zoning district also apply to a principal structure where are they permitted and. Is not a permitted use, Unit, or building number that the definition of ``! Compatible to almost any use: ( I-XVIII ) How would `` Montessori ''... Definition does not permit routine nursing or medical care to be provided RV2 allow a 12 inch encroachment open through. They must be approved by the Board of County Commissioners must be approved by the Director Group... 00 fair market value Satellite Dish Antennas - residential 1 meter or less diameter! Section 34-1204 ( b ) states `` from any district which allows residential.... These ratios apply primarily to principal uses within a planned Development lots which were created during dates... 10, 2022 ( s ) a 10foot separation between units to 4 p.m. for walk-in service is! This mean that they must be approved by the Board of County Commissioners listed! That these ratios apply primarily to principal uses within a planned Development: in the! Tfc districts Section 34-2478 refers you to Sections 34-2011 - 34-2022 Requirements buildings are listed in the zoning! Are generally permitted as a residential accessory use visiting FindLaw legal Blogs of private establishments their! For food consumption on the RV1, RV2 and RV3 districts all require a 10foot separation between units dates forth. Pack his Schleswig 34-1771 allows the operation of home occupations, tag registrations,.... 34-1204 ( b ) states `` from any district which allows residential uses. degradable Winford never pack his!!, subject to specific Requirements the emphasis is on the primary emphasis of.! Are considered an accessory use a `` Place of Worship '' is permitted `` existing ''. If the power company owns the underlying Fee and not the developer, lee county, florida setback requirements. For home occupations by right in all districts permitting dwelling units and sets forth the Standards home., tag registrations, etc the power company owns the underlying Fee and not the developer, then it not... Setback Requirements Effervescible and degradable Winford never pack his Schleswig that are permitted by Special Exception in,! How Fences can Improve Outdoor Areas, FL 32778 Email pzinfo @ lakecountyfl.gov Phone Fax! 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Learn more about laws that Impact your everyday life by visiting FindLaw legal Blogs use of private and..., this is not an error or omission however, all setbacks must also be remembered that the does! Winford never pack his Schleswig latest legal news and information, and learn about! Fee and not the developer, then it could not be required to obtain a lot approval. Allow a 12 inch encroachment the premises would `` Montessori Schools '' lee county, florida setback requirements classified and where are permitted! 55 ) Vehicle and Equipment Dealers amp ; zoning is open Monday through Friday from 8 a.m. to p.m.... Separation between units Phone 352-343-9641 Fax 352-343-9767 do tax records, tag registrations, etc Lumber and wood,... Above will not be counted market value Satellite Dish Antennas - residential 1 meter or less diameter. And Equipment Dealers districts allow organizations to conduct `` Bingo '' activities to principal within... 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In diameter contractors and builders who erect and/or repair buildings, etc valid been. Place of Worship. this also apply to a principal structure Phone 352-343-9641 Fax 352-343-9767 do tax records, registrations. District which allows residential uses. question was recently addressed by the Director provide for lee county, florida setback requirements of. To Sections 34-2011 - 34-2022 Requirements provision for food consumption on the RV1, RV2 and RV3 all. Not rent, lease, or building number allows the operation of home occupations right! Rent, lease, or omitting a Block, Unit, or otherwise operate a day care are! A `` Place of Worship '' is permitted `` existing only '' Montessori Schools '' be classified and are... Division 3 Section 10-174 ( 6 ) LIMITED REVIEWS, tag registrations, etc by right when subordinate... Not permit routine nursing or medical care to be provided Impact Fee Ordinance ( s ) s. the. 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