The Zoning Ordinance does not set forth regulations concerning signs, but consistently refers to the Lee County Sign Ordinance. 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. Therefore, attendant parking is not the Same as Valet Parking. 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. ARTICLE VI DIVISION 8 INDUSTRIAL DISTRICTS SECTION 34-903 Use regulations tableQuestion 1: (I-XVIII) 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. "An occupation customarily carried on by an occupant of a dwelling unit as an accessory use which is clearly incidental to the use of the dwelling unit for residential purposes and operated in accordance with the application provisions of Art VII Div 18 (Sections 34-1771 - 34-1772). Does a remainder parcel which was created as a result of other parcels deeded out from a parent tract, all of which were deeded prior to the effective date of the Development Standards Ordinance, require a lot split approval? No. Question:Would offstreet parking requirements be applicable to subordinate uses for Hotels/Motels, MultiFamily Buildings, Social Services Groups IIIIV, Health Care FacilitiesGroups I, II and IV, Cultural Facilities, and office complexes containing 50,000 square feet or more of floor area on the same premises? Is this an error or omission? these buildings must conform to the current county code, meet setback requirements, be separated by eight feet from any other building on the property, and meet environmental requirements. Answer:No, the Division of Alcoholic Beverages and Tobacco require a restaurant and/or bar or lounge, which contains this type of facility, to have two licenses. 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). The second alternative is Section 34-622(c)(39) "RENTAL OR LEASING ESTABLISHMENTS Group IV Construction Equipment, Trucks", if leasing is the primary emphasis. Answer:A lot is "created" as set forth in Section 34-3272 of this Ordinance. Answer:Pool decks and other accessory structures or buildings are subject to the same regulations concerning height as the principal buildings (see Sections 34-2171 - 34-2175), unless specifically stated otherwise. It should also be remembered that the definition does not permit routine nursing or medical care to be provided. In this case, 20% of 50 feet equals two side yards of 10 feet each. The intent of this group is to provide for the contractors and builders who erect and/or repair buildings, etc. One license is the normal license for consumption on premises and the other is for a Brew Pub License to produce the beer for consumption on premises. 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. Beverages can include alcoholic beverages, assuming they have proper state licenses and special permit for consumption on premises. 6. 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. Do tax records, tag registrations, etc. Mail - Lee County Property Appraiser, P.O. Return to Table of Contents, ARTICLE I - IN GENERAL SECTION 34-2 DEFINITIONS. 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. The lot sizes required in Section 34-654 do not include street rightsofway. Landscaping uses many different sorts of fencing, and also . This word was specifically inserted by the Board of County Commissioners to exclude entrances not used by the public.Question 2: (I-XVIII)Does the requirement for either administrative approval or a special exception (as appropriate) to sell alcoholic beverages for consumption onsite apply to restaurants which sell alcoholic beverages? SECTION 34-654 Property development regulations tableQuestion: (I-XVIII)Section 34-654 permits lot sizes of 39,500 square feet for interior lots and 33,600 square feet for corner lots in the AG-2 District. 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. of 12-2-2002, 70-2) The definition is: "meshed wire or cloth fabric to prevent insects from entering the facility and including the structural members framing the screening material.". ", 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.". 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. The ordinance also states that the height shall be measured from the ground level outside of the area so enclosed. SECTION 34-2015 Location and design generally Valet Parking: (XXIX)Question 1: Except as provided in sections 34-1175 and 34-1176, all accessory residential buildings and structures must be set back a minimum of five feet from any rear property line and may not be closer to a side property line than the minimum required side setback for the district in which the property is located, or ten feet, whichever is less. Mobile homes, Recreational Vehicles, and Park Trailers are all specifically defined. Activities That Do NOT Require a Burn Authorization. Prefabricated metal buildings are listed in Section 34-622(c)(14) Fabricated Metal Products/Manufacturing Group III. 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. 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 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. 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. (Ord. Answer:No. Therefore, barbed wire within 100 feet of residential areas (regardless of the zoning designation) is prohibited except for the control of livestock, or as specifically provided in section 34-1743(b). This type pump should not be confused with "selfservice fuel pumps" which are available to the general public. Answer:Yes. Suite 301 812 E. James Lee Blvd.\rShalimar , FL 32579 . To keep the height of fences and walls (between the rightof-way and minimum street setback line) to a minimum for the safety of pedestrians and vehicles backing out of the yard, and. SECTION 34-2019 Other use of off-street parking lotsQuestion: (I-XVIII)Section 34-2019(2) references Section 34-3048 "Ancillary temporary uses in parking lots" which allows for seasonal promotions, sidewalk sales, and parking lot sales; does it also allow for the use of banners or temporary signage for grand openings and other promotions such as those which are common at auto dealerships and fastfood restaurants? If the director questions the information or if he desires additional information, he can request an inspector to visit the site prior to issuing any permits.Question 3: (I-XVIII)Section 34-3204 allows reroofing and roof repairs. The intent therefore, is to measure from property line to property line.Question 2: (I-XVIII)Based on the wording of Section 34-1204, is it the intent to restrict these uses from zoning districts which permit both residential and commercial uses? In this case, the specific would control the general, thereby finding an establishment primarily devoted to sale or service of alcoholic beverages for consumption on premises to be a "Bar or Cocktail Lounge" rather than a restaurant.Question #2: (I-XVIII)When is a bar no longer a bar and classified as a restaurant? 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. Question 2: (XIX)Would an establishment, primarily involved in research and development of drugs and/or cosmetics be a permitted use in the IL Industrial District? These are strictly delivery services with an incidental take out trade. Section 34-1204(2) states "no use of land any district." ARTICLE VI DIVISION 4 RECREATIONAL VEHICLE PARK DISTRICTS SUBDIVISION II Conventional Recreational Vehicle Districts SECTION 34-792 Property development regulations tableQuestion 1: (I-XVIII)In the conventional RV Districts, can central air conditioning units, propane tanks, bay windows or carports encroach into the required 10foot separation between units? Mobile Home Dealers are listed in the C-2 district as a permitted use and in the CG district as a Special Exception. Answer:Not quite. appearance along the roadway, the following minimum setbacks for buildings, structures, parking lots and drives have been established. Answer:"Bingo" or other similar recreational activities do not fall within any specific Use Group. An accessory building or structure is one which is customarily incidental and subordinate to a principal building or use, and located on the same premises (see definition of "Building, or Structure, accessory"). Answer:Section 34-2478 refers you to Sections 34-2011 - 34-2022 concerning OffStreet Parking Requirements. The term "natural forces" includes such activities as hurricanes, tornadoes, floods, or other such immediate occurrences. Section 34-2018(a) specifically states that if not part of a planned development, then a special exception is required. However, for purposes of establishing setbacks only, I75 shall have the same setbacks as set forth for Arterial roads. Answer:The term "or beverages" was included for the reason you indicate to cover "juice bars, soda fountains, and other similar establishments." 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? SECTION 34-2016 Dimensional requirements; delineation of parking spacesQuestion: (I-XVIII)Sections 34-2016(2)a.2. 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. As long as the width and area are met, the depth can vary. Answer:No. Section 34-3272(3)b. states, in part, that "contiguous lots of record may be combined and redivided to create larger dimension lots of record as long as such recombination includes all parts of all lots and existing allowable density is not increased". - Other Setbacks. S. Get the latest legal news and information, and learn more about laws that impact your everyday life by visiting FindLaw Legal Blogs. Answer:Yes. HomeAbout UsResidentsVisitorsBusinessDepartmentsGovernmentI Want ToADA NoticeContact Us. 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. It is not required in the IRC to, and it is not a matter of interpretation or intent of the code, because it is not requied Bob. 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. 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. Answer:No. ", 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. , tornadoes, floods, or other similar Recreational activities do not street... 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