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lee county, florida setback requirements

how did dolores cannon die. It was included only in the IPD district. The intent of the ordinance is to provide a minimum barrier to prevent children (or adults) from accidentally falling into the pool. Answer:No. 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. 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. 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.". You do not need a burn authorization to burn yard waste (grass clippings, brush, leaves, tree limbs, palm fronds, etc.) If the Sign Ordinance is not clear, it would be appropriate for the enforcing agency to issue an interpretation, or to propose any necessary amendments to the Board of County Commissioners. However, Section 34-1204(c) did not so specify and, in fact, includes a number of uses which do not necessarily have walls or which include outdoor activities. Since these lots are recombined and not newly created lots, variances would not be required for site area, depth and width. 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? 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. The word beverage in the definition of "Restaurant, Standard" is a more general term whereas in the definition of "Bar or Cocktail Lounge" a more specific type of beverage is defined. Question 1: (I-XVIII)Section 34-735 allows "Park Trailers" by right in the MH-2 district. 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. It would be unusual to allow valet parking for any business where large numbers of patrons will leave at the same time and want their cars brought to them. ARTICLE VI DISTRICT REGULATIONS Setbacks for riprap shall be measured from the most landward point of the riprap to the nearest point of the building or structure.Question 3: (XIX)What is the setback requirement for a Boathouse? Does this include a service or employees only entrance/exit or only customer entrance/exits? ", 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 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. SECTION 34-616 Rules for interpretation of district boundariesQuestion:How would the development regulations apply, in instances where a lot is split by two or more zoning districts? SECTION 34-2018 Joint use of off-street parking lotsScenario:The developer of an outparcel adjacent to a shopping center has an agreement with the shopping center to use part of the center's parking spaces to help offset his required parking. 239-274-2201 Mailing Address. From the entrance on could be residential. The top of the seawall is at least four (4) feet above the bottom of the water body adjacent to the seawall. ARTICLE VIII DIVISION 3. Section 34-1204(2) states "no use of land any district." In which zoning district(s) would this type of use be permitted? Answer:No. All these items qualify as a structure and hence cannot encroach into the 10foot separation area. 3. Who do I call if my address is not in the city limits? Answer:Yes. 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. In accordance with the definition of "on the same premises" the removal of excavated materials from one parcel to another would be permitted provided the abutting lot (parcel) is in the same ownership. Answer:The key word here is public entrance or exit. 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? ARTICLE VII DIVISION 30 PROPERTY DEVELOPMENT REGULATIONS Subdivision III. Would this be considered an Essential Service FacilityGroup II? Background:A model display center, as defined (Section 34-1952), and open storage are listed as permitted uses in the C1 zoning district. What does BTR mean? Answer:The intent is clear that approval is necessary. New Places of Worship require Special Exception. Call us today at (239) 878-2579for more information! 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. However, RV1 and RV2 allow a 12 inch encroachment. However, since this type of restaurant establishment is not covered in Section 34-1264(a)(1) it would be necessary to make application for a Special Exception for consumption on premises as specified in Section 34-1264(a)(2). 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? ARTICLE VI DIVISION 9 PLANNED DEVELOPMENT DISTRICTS SECTIONS 34-931 - 34-939Question 1: (I-XVIII)There does not appear to be any direct references to water setbacks in the Planned Development zoning districts. LAND DEVELOPMENT CODE LEE COUNTY, FLORIDA Codified through Ordinance No. Was this an oversight? 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? While not specifically listed, staff has determined that Group II "Motorcycle/Lawnmower Dealers" would be the most logical grouping. A review of the permitted uses will also show that bulk storage of petroleum is not a permitted use. City of Fort Myers, Zoning (GIS Map) City Development Activity Map. Doesn't this also apply to a principal structure? Answer:Yes. 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) In the case of a 50 x 80 foot lot, created prior to June, 1962, setbacks required would be: In the example, the rear setback is 27 feet (80 feet less 25 foot street setback = 55 feet, divided by 2 = 27 feet). Several methods exist by which the Board of County Commissioners can waive certain requirements: Section 34-2017(c) addresses temporary lots and 34-2018 addresses joint parking facilities. Lee County Florida Fence Setback Requirements. This created an unfair situation for property owners electing to set their residence further back from the street than required by the minimum setback. Prefabricated metal buildings are listed in Section 34-622(c)(14) Fabricated Metal Products/Manufacturing Group III. How would the required number of parking spaces be determined? If a zero-lot line unit is proposed, a single 5-foot side yard is required. 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. require a parking block to be 2 feet from the end of the parking space. 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. All parking lots, access streets and drives must be set back a minimum of 50 feet from the right-of-way if located in the Interchange land use category and 75 feet If not, or if tax records do not provide the required information, the applicant can submit an affidavit or other competent evidence. Question: (I-XVIII)Does a home utilizing factory components manufactured off site, but assembled on site, meet the current definition of a mobile home in the County Zoning Ordinances? 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. In that case, refer to the definition of "Water, Body of" and you will see it includes both artificial and natural. 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? This shall not be interpreted to mean bona fide agriculture uses cannot use barbed wire or electrically charged fences to control livestock when located in districts permitting the raising, keeping, or breeding of livestock.". SECTION 34-622(c)(9) Contractors & BuildersQuestion: (I-XVIII)Section 34-622(c)(9) Contractors & Builders Group II allows light fabrication work. Section 34-1172 specifically states that the definition for "openmesh screen" only applies to that section. Answer:Compatible or incompatible to what? 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. 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:The ordinance does not restrict use of valet parking either by land use or by zoning district. Airboats and Seaplanes; Question: (XXII)The definition of Religious Facilities states: Religiousrelated facilities and activities which may include, but are not limited to: Place of Worship, bus storage facility or area, convents, monasteries, retreats, church/synagogue ministries involving classes for more than one hundred (100) children during the week, and homes for the aged. 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lee county, florida setback requirements