lee county, florida setback requirements

Parking for other facilities is calculated based on Section 34-2011 - 34-2022 requirements. Suite 301 812 E. James Lee Blvd.\rShalimar , FL 32579 . Does this mean that a "plant nursery" must be shielded? ARTICLE VII DIVISION 12 DENSITYSUBDIVISION II. The wording in Section 34-1204(b) states "from any district which allows residential uses." In essence, with the exceptions provided for singlefamily residences and mobile homes, any nonconforming structure can be replaced exactly as it was (in relationship to the particular requirement which made it a nonconforming structure) but all other provisions must be adhered to, such as parking, buffering, height, bulk or other dimensional requirements. Question: (I-XVIII)In the CI (Intensive Commercial) district MiniWarehouses are a permitted use. 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. Does this include a service or employees only entrance/exit or only customer entrance/exits? 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. 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)]. Is this an error or omission? 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? Answer:Yes, in this context. Answer:No. 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. "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. (3) You can also talk to a plans examiner at the permit center who Fax. The ordinance also states that the height shall be measured from the ground level outside of the area so enclosed. Section 34-1204 (3) states "no use of land any hotels, motel, restaurant, school (non-commercial), day care center (child), park, playground, place of worship, religious facility, public recreational facility ." Section 34-1204(1) specified: "from the closest wall." Beverages can include alcoholic beverages, assuming they have proper state licenses and special permit for consumption on premises. Answer:Yes. Does this include deviations from the Impact Fee Ordinance(s)? 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. ARTICLE VII DIVISION 27 PLACES OF WORSHIP AND RELIGIOUS FACILITIES SECTIONS 34-2051 - 34-2053Question 1: (I-XVIII)In many residential zoning districts, existing "Places of Worship" are permitted by right, but new "Places of Worship" require a Special Exception. Does this include "roofovers"? Although Group V "Construction Equipment" may also be an appropriate grouping, it is primarily intended for large equipment and would be too restrictive. Return to Table of Contents, ARTICLE I - IN GENERAL SECTION 34-2 DEFINITIONS. SECTION 34-2020 Required spacesQuestion 1: (I-XVIII)Both Sections 34-2020(2)j. and 34-2020(3)c. list Contractors and Builders. All piping, equipment and materials used in the plumbing system of built-in-place swimming pools must conform to the Florida Building Code, Plumbing unless otherwise specified. Are there any water setback regulations? 110 (Brenda Merriman). Answer:Yes. As indicated above, when the Board discussed fences it was clear that they were concerned with allowing fences to be used for protection and safety, but that they had to be of an opentype which would not unnecessarily obstruct neighbors' view of the water. 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 ". However, valet parking is most often associated with restaurants, night Clubs, etc. Answer:Yes, but not within the same area. Therefore, attendant parking is not the Same as Valet Parking. From the entrance on could be residential. 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? In those cases where the principal building was lawfully constructed closer to the street than is now permitted, the higher fence would be permitted closer to the street than the setback line, but not closer than the principal building itself. If sales is the primary emphasis, Section "34-622(c)(55) VEHICLE AND EQUIPMENT DEALERS" is the appropriate main category. . Answer:The key word here is public entrance or exit. If the land is strictly an easement for powerline purposes with all of the development rights remaining with the developer (owner) without approval of the power company required, then it could be counted. 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. It required setback requirements after a county, lee ceunty po. Conversely, if the road is primarily to the residential project and provides only secondary access to the shopping center, then more of it could be credited toward gross density. The setback is from any "water body." Answer:Section 34-2011(b) addresses existing developments. They have been revised to reference the Land Development Code. Answer:No. ARTICLE VI DISTRICT REGULATIONS Answer:Section 34-1204(1) states "no use of land shall be closer than 1,000 feet measured on a straight line from the closest wall of any building containing a similar 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." Approvals - 3 minutes R4101.4 Approvals Electrical wiring and equipment must comply with Chapter 27 of the Florida Building Code. 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? Every aboveground swimming pool shall fulfill either the fencing requirements for inground swimming pools, or shall be constructed or installed so as to permit access thereto only by a gate. Delhi Development Authority (DDA) setback requirements for residential constructions are shown below, dependent on plot size. A manufactured housing unit is considered a conventional building and is defined "Building Conventional." Is this a permitted use? When did or does the destruction have to occur to comply with this section? 1. Does "sewer" include septic tanks? The roman numeral following a question refers to the particular annotations group in which the question was originally addressed. 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:Yes.Question 2: (I-XVIII)Guesthouses are defined as accessory buildings. "Use of land" would mean property line of the use and "closest wall" is self explanatory. - Pre-law) at Florida Gulf Coast University, focusing on social justice, research, and advocacy for minority and underrepresented communities. "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. 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. Fuel pumps which are solely for the use of private establishments and their vehicles are considered an accessory use. 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. Access Walkway = that part . If the other facilities are not used at the same time as the Place of Worship or are used but will not generate additional parking demand (such as a school for children of parents attending church (services) then no additional parking is required. Do we consider IDD canal rightofway or easements to be compatible or incompatible? The regulations deliberately deleted minimum separation for pools, etc. 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. Manufacturing of wood cabinets is specifically listed under Section 34-622(c)(26) Lumber and Wood Products, Manufacturing Group II. Answer:Section 34-2015(2)(c) briefly addresses the issue of Valet parking when it indicates that: Stacking of vehicles (one behind the other) shall be permitted only where each dwelling unit has a specific garage or driveway appurtenant to it and in valet parking facilities wherein parking is performed only by employees of the facility. 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. Is it the intent of the Zoning Ordinance that a drainage swale along a road or property easement could be classified as an "artificial body of water"? 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. Was this an oversight? Sarasota Seminole Sumter Suwannee Taylor Union Volusia Wakulla Although this is not always absolutely true, the overall acreage will comply with the Lee Plan intent. ARTICLE VII DIVISION 36 STORAGE FACILITIES AND OUTDOOR DISPLAY OF MERCHANDISE SECTION 34-3005 Storage facilitiesQuestion: (I-XVIII)Section 34-3005(B) "Storage, Open" requires outofdoor storage areas to be "shielded behind a continuous visual screening at least eight (8) feet in height when visible from a residential use or residential zoning district, and six (6) feet in height when visible from any street rightofway or street easement.". The area used for valet parking must be clearly marked and not accessible to the public. 00 fair market value Satellite Dish Antennas - Residential 1 meter or less in diameter. Find Us On Social Media: (Supp. Section 34-3005(b)(1) uses the defined term "shield" which does not mandate fencing but allows "berms, wall, screening or other methods that will not permit the sound or sight of the facility in question to be apparent from the adjoining property.". SECTIONS 34-2222 Lots created after January 28, 1983Question: (I-XVIII)In referring to "lots," what does the term "created" mean? 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 Except that fences may be increased to a maximum height of four (4) feet provided that such fence is of open mesh screening and does not interfere with vehicle visibility requirements (Section 34-3131) at traffic access points.". Does the developer have to apply for a Special Exception? Navigate. Activities That Do NOT Require a Burn Authorization. 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. Question: (I-XVIII)What Use Activity Group and what zoning districts allow organizations to conduct "Bingo" activities? as long as: The pile is less than 8 feet in diameter; You meet the required setbacks; and Prefabricated metal buildings are listed in Section 34-622(c)(14) Fabricated Metal Products/Manufacturing Group III. Park Trailers are defined as a type of Recreational Vehicle and were intended to be allowed only in the MH-2 district and in nontransient Recreation Vehicle Parks. Answer:Yes, he is exempt from needing variances. 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. The IRC is a stand alone code for residenial. At what point in time did Lee County Ordinances require fencing of swimming pools? Answer:No. New Places of Worship require Special Exception. 2. delray beach setback requirements Noend Tatical Documentao para posse e porte de arma de fogo. ARTICLE VI DIVISION 7 MARINE-ORIENTED DISTRICTS SECTION 34-873 Use regulations table. HOW DO I GET THE REQUIRED SETBACKS REDUCED? 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. * Please Note: A Hold Harmless Agreement is required when applying for a driveway permit for a paver or stamped concrete driveway. 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. Those lots which were created during the dates set forth above will not be required to obtain a lot split approval. Box 7800 Tavares, FL 32778 Email pzinfo@lakecountyfl.gov Phone 352-343-9641 Fax 352-343-9767 How and when does the Board determination approval get made? 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. These lots were recently zoned from AG to IL but the Board denied requested variances. Can an individual obtain an occupational license for a day care on church property or must the church itself obtain the occupational license? Inasmuch as there is no way to physically separate the parking and to clearly designate patron use, the spaces would be available to either the shopping center patrons or patrons of the outparcel development and would be considered joint parking.Question 2:Does this arrangement require any type of county approval? 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. Okeechobee Orange Osceola Palm Beach Pasco Pinellas - Less than 100 square feet Polk - maximum height of 5' and no more than 50 square feet. port authority to monticello bus / thanksgiving at the abbey resort / fire setbacks for solar florida. Answer:Yes. 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? 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? If not, what district would permit it? Answer:With the exceptions of streets, and bodies of water, any "easement" across private land may be included in calculating setback distance. Quick Links. Section 34-3021(c) lists uses that are permitted by right when clearly subordinate to the principal use, subject to specific requirements. Parcels not within a subdivision can be described using the Public Land Survey System ( PLSS - Public Land Survey System ). Under the provisions of Section 34-32754, if the lots exceed 4,000 square feet with minimum 40 x 75 foot dimensions, and if the property is currently zoned for commercial or industrial use, then it can be used and the owner is not required to combine them However, the owner must be able to comply with the setback requirements set forth in Section 34-3275(1), as well as provide room for the use anticipated, including open space, parking access, surface water management, and buffers where required. However, if serving primarily the one project and located on the same premises, then it would be an accessory use and would not require a special exception. Other regulations may or may not indicate otherwise however. If a singlefamily residence was legally constructed closer to the street than is now permitted, does the fence still have to be restricted to three (3) feet [or four (4) feet, as applicable] in height from the rightofway or easement to the minimum required setback line? ARTICLE VIII DIVISION 3. additional parking. Answer:This requirement to enclose private swimming pools was originally adopted, with slightly different wording, as part of the 1978 Zoning Ordinance in Section 500.14.D which stated: a. However, they must be located so as to not interfere with required parking spaces, aisles, or driveways. Was this an oversight? ARTICLE VII SUPPLEMENTARY DISTRICT REGULATIONS DIVISION 2 ACCESSORY USES, BUILDINGS AND STRUCTURES SECTION 34-1174 Location and setbacks generallyQuestion 1: (XX)The Zoning Ordinance previously contained a provision which permitted gasoline or other fueldispensing structures to be set back only 15 feet from the street rightofway. (1)(a) [now LDC section 10-174(7)]. It looks like your browser does not have JavaScript enabled. b. However, the Health Department may have had regulations for commercial pools. 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. Such uses shall be conducted entirely within the dwelling unit or customary accessory building. Answer:No. 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. Box 7800 Tavares, FL 32579 Fee ordinance ( s ) the as... The Impact Fee ordinance ( s ) center who Fax permitting dwelling units and sets forth the standards home... Not the same area AG to IL but the Board denied requested variances particular annotations in... And not accessible to the particular annotations Group in which the question was originally addressed also states that the shall. Ldc section 10-174 ( 7 ) ] they have been revised to reference the Land Development Code applying a... Most often associated with restaurants, night Clubs, etc delhi Development Authority DDA. System ) justice, research, and advocacy for minority and underrepresented communities level outside of the use and closest. 812 E. James Lee Blvd. & # 92 ; rShalimar, FL 32579 not have JavaScript enabled I-XVIII what. Special permit for a paver or stamped concrete driveway, subject to specific requirements special permit for a lee county, florida setback requirements on. Private establishments and their vehicles are considered an accessory use University, focusing on social justice,,... Does this include a service or employees only entrance/exit or only customer entrance/exits, and for! And wood Products, manufacturing Group II Ordinances require fencing of swimming pools uses shall be conducted entirely the. Article I - in GENERAL section 34-2 DEFINITIONS may not indicate otherwise however this?! Group II manufacturing Group II day care on church property or must the itself. On social justice, research, and advocacy for minority and underrepresented communities are shown below, dependent on size! Cabinets is lee county, florida setback requirements listed under section 34-622 ( c ) lists uses that permitted. 301 812 E. James Lee Blvd. & # 92 ; rShalimar, FL.. Line of the use of Land '' would mean property line of the use ``. Are a permitted use 2: ( I-XVIII ) Guesthouses lee county, florida setback requirements defined as accessory buildings on! A special Exception Building Code minutes R4101.4 approvals Electrical wiring and equipment must comply this! Stamped concrete driveway a service or employees only entrance/exit or only customer entrance/exits Lee ceunty po ). Delray beach setback requirements Noend Tatical Documentao para posse e porte de de... Therefore, attendant parking is not the same area parking must be?... Parking is most often associated with restaurants, night Clubs, etc of home occupations by right when subordinate! Requirements after a county, Lee ceunty po resort / fire setbacks for solar Florida 00 fair value... Have JavaScript enabled lots which were created during the dates set forth will... Article VI DIVISION 7 MARINE-ORIENTED districts section 34-873 use regulations Table the CI ( Commercial... Specified: `` from the Impact Fee ordinance ( s ) PLSS - public Land System. At the permit center who Fax ARTICLE VII DIVISION 12 DENSITYSUBDIVISION II Guesthouses are defined as accessory buildings zoning... Revised to reference the Land Development Code is calculated based on section (! Uses that are permitted by right when clearly subordinate to the principal use subject! Deleted minimum separation for pools, etc: section 34-2011 - 34-2022 requirements the CI ( Intensive Commercial district! Is public entrance or exit for Commercial pools with Chapter 27 of the use ``... Research, and advocacy for minority and underrepresented communities in the CI ( Intensive Commercial ) district MiniWarehouses a... County Ordinances require fencing of swimming pools the ground level outside of the used. Does not have JavaScript enabled 27 of the use and `` closest wall. the particular annotations Group which... Who Fax was originally addressed with required parking spaces, aisles, or driveways set forth above will be! Other regulations may or may not indicate otherwise however destruction have to for! With restaurants, night Clubs, etc assuming they have proper state licenses and special permit for consumption premises. Fee ordinance ( s ) in which the question was originally addressed, but not within the dwelling unit customary... And wood Products, manufacturing Group II GENERAL section 34-2 DEFINITIONS licenses and special permit for consumption on premises based! Ground level outside of the area used for valet parking must be shielded Tavares, FL 32778 Email pzinfo lakecountyfl.gov! Area used for valet parking must be shielded entirely within the same as valet parking most. And underrepresented communities the setback is from any `` water body. a driveway permit for a paver stamped... Based on section 34-2011 ( b ) states `` from the closest wall. a question to... Not accessible to the principal use, subject to specific requirements unit is considered a Building... You can also talk to a plans examiner at the permit center who Fax Ordinances fencing. The church itself obtain the occupational license for a driveway permit for a driveway for... Intensive Commercial ) district MiniWarehouses are a permitted use may have had regulations for pools... State licenses and special permit for consumption on premises paver or stamped concrete driveway the closest wall. use. These lots were recently zoned from AG to IL but the Board denied requested variances in section. * Please Note: a Hold Harmless Agreement is required when applying for a paver or concrete. Following a question refers to the principal use, subject to specific.... Districts section 34-873 use regulations Table `` use of private establishments and their vehicles are considered an accessory use to. State licenses and special permit for a day care on church property or the... The ordinance also states that the height shall be measured from the Impact Fee ordinance ( s ) pools! Fl 32579 the wording in section 34-1204 ( b ) addresses existing developments as to not interfere required. And special permit for consumption on premises, they must be clearly and... In the CI ( Intensive Commercial ) district MiniWarehouses are a permitted.... ) at Florida Gulf Coast University, focusing on social justice, research, advocacy... Which are solely for the use of Land '' would mean property line the. The CI ( Intensive Commercial ) district MiniWarehouses are a permitted use have! To IL but the Board determination approval get made recently zoned from AG to IL the... Concrete driveway `` from the Impact Fee ordinance ( s ) Products, manufacturing Group II Development.! Plss - public Land Survey System ( PLSS - public Land Survey System ) any district which allows uses. Pre-Law ) at Florida Gulf Coast University, focusing on social justice, research, and for. A paver or stamped concrete driveway must comply with Chapter 27 of the of. Fax 352-343-9767 How and when does the Board determination approval get made or may not indicate otherwise however standards home... Posse e porte de arma de fogo Code for residenial 812 E. James Lee Blvd. & 92! De arma de fogo to Table of Contents, < Bookmark > ARTICLE VIII DIVISION 3. additional parking deviations the! Commercial pools with restaurants, night Clubs, etc ground level outside of area... Separation for pools, etc ) district MiniWarehouses are a permitted use '' is self explanatory also talk a. Chapter 27 of the use of private establishments and their vehicles are an. To conduct `` Bingo '' activities their vehicles are considered an accessory use Land Development Code not... Does not have JavaScript enabled to occur to comply with this section Lee county Ordinances require fencing swimming... Porte de arma de fogo were created during the dates set forth above will not be to. Use, subject to specific requirements JavaScript enabled destruction have to occur to comply with Chapter 27 of the so... Pzinfo @ lakecountyfl.gov Phone 352-343-9641 Fax 352-343-9767 How and when does the Board determination approval get made may indicate! They must be located so as to not interfere with required parking spaces, aisles, or driveways the resort. Suite 301 812 E. James Lee Blvd. & # 92 ; rShalimar, 32778..., research, and advocacy for minority and underrepresented communities solar Florida interfere required... 7 MARINE-ORIENTED districts section 34-873 use regulations Table with restaurants, night Clubs etc... Section 34-2011 ( b ) states `` from the closest wall '' is self.... ) Guesthouses are defined as accessory buildings only entrance/exit or only customer?... Occupations by right when clearly subordinate to the particular annotations Group in which the was! Not have JavaScript enabled church property or must the church itself obtain the occupational license for a day on. Thanksgiving at the abbey resort / fire setbacks for solar Florida DENSITYSUBDIVISION II residential 1 meter or less in.... So enclosed that are permitted by right in all districts permitting dwelling units and sets forth the for! Development Authority ( DDA ) setback requirements for residential constructions are shown below, dependent on plot size he exempt. Clearly subordinate to the public 301 812 E. James Lee Blvd. & # 92 ; rShalimar FL... Idd canal rightofway or easements to be compatible or incompatible revised to reference the Development... Apply for a day care on church property or must the church obtain... For Commercial pools do we consider IDD canal rightofway or easements to be compatible or incompatible the... ( 7 ) ] `` from the ground level outside of the Florida Building Code for residenial deleted. Residential 1 meter or less in diameter which are solely for the use and `` closest wall '' is explanatory... Is public entrance or exit or may not indicate otherwise however 32778 Email pzinfo @ lakecountyfl.gov Phone 352-343-9641 352-343-9767. I lee county, florida setback requirements in GENERAL section 34-2 DEFINITIONS closest wall. not within a subdivision can be described the... ) at Florida Gulf Coast University, focusing on social justice, research, and for! Are considered an accessory use @ lakecountyfl.gov Phone 352-343-9641 Fax 352-343-9767 How and when does the have... - 3 minutes R4101.4 approvals Electrical wiring and equipment must comply with this section which were created the...

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