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. Answer:Yes, a mobile home dealer may have a model display center in the C1 district provided he/she complies with the regulations set forth in Section 34-1952. 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? 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.". 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. 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. Question 4:Does the use of Valet Parking affect the location of the parking spaces? Under Florida law, adjoining landowners are under no legal obligation to erect fences dividing their land. City of Fort Myers, Zoning (GIS Map) City Development Activity Map. It required setback requirements after a county, lee ceunty po. 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. 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. Was this an oversight or can the lot depth vary, so long as the total lot area is met? ARTICLE VII DIVISION 15 EXCAVATION ACTIVITIESSUBDIVISION I GENERALLY SECTION 34-1651 Required approvalsQuestion 1: (XXV)Can excavated materials from the construction of roads, drainage ways, buildings or similar activities be taken off premises without first receiving approval for a Special Exception or Planned Development? 2. Answer:Any school which meets the requirements of Chapter 232, F.S. @leecountyflbocc 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. 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.". Therefore, a married couple could rent out bedrooms to other people and still be counted as a family, provided that not more than four (4) unrelated individuals reside on the premises.Question 2: (I-XVIII) 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. 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. and b.1. . How would I75 be classified? Answer:No. Is my address in the city limits? 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. Find Us On Social Media: 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. Answer:This depends on the type of operation. 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? Question 2: (I-XVIII)Section 34-3241(b)(2) allows reconstruction of nonconforming structures damaged by fire or other natural forces. Answer:I75 is identified as a Freeway on the Trafficways Map. The definition indicates that the caretaker(s) as well as the person(s) being cared for must reside in the same dwelling unit. 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. perform an average rear/front setback for your neighbor. If the use meets the definition of Marina and can prove that it had an occupational license for a marina, and was collecting rents from uses, OR was part of a residential development project wherein individual boat slips are owned by residents of the development, then it may be expanded in accordance with all applicable Federal, State and County regulations. Question: (I-XVIII)In the CI (Intensive Commercial) district MiniWarehouses are a permitted use. The roman numeral following a question refers to the particular annotations group in which the question was originally addressed. The definition is: "meshed wire or cloth fabric to prevent insects from entering the facility and including the structural members framing the screening material.". Answer:The term "or beverages" was included for the reason you indicate to cover "juice bars, soda fountains, and other similar establishments." HOW DO I GET THE REQUIRED SETBACKS REDUCED? (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. Answer:A Place of Worship is limited to church/synagoguerelated religious functions. Again this would mean property line of the use to the line delineating a zoning district. Answer:Yes. Answer:No. 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:No. 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. 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. 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. 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. 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. The minimum required setbacks set forth in Sections 34-2191 to 34-2196 apply to all zoning districts. A barn would be considered accessory to a farming or agricultural use on the same premises. Section 34-1171 says that the locational regulations of 34-1174 apply only if not addressed elsewhere in the Ordinance. ARTICLE VI DIVISION 2 AGRICULTURAL DISTRICTS SECTION 34-653 Use regulations tableQuestion: (XXI)Agricultural districts permit nurseries as a permitted use in all AG zones. If strictly an office without a fleet of vehicles, use Section 34-2020(2)j. Does this include deviations from the Impact Fee Ordinance(s)? Question: (XXIII)A restaurant is proposing to sell beer on premises for restaurant patrons. (Supp. If one landowner does decide to build a boundary fence, the adjoining landowner is not obligated to share in this expense unless it was agreed to in advance. - Other Setbacks. 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? Also, could such signage be regulated by the Director through the issuance of a special permit, or would it be prohibited by the Sign Ordinance which has no specific provision for such events? "The 2nd part of the definition for a "building, conventional" is: "A building manufactured off site in conformance with Chapter 553, Part IV, F.S. 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. 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:No, this is not an error or omission. The Board of County Commissioners may allow deviations. New Places of Worship require Special Exception. If a parking facility has a parking attendant to direct cars to parking spaces, is that the same as valet parking? The intent of the ordinance is to prohibit the use of barbed wire in or near residential areas while recognizing the need for barbed wire to control livestock. . Other federal, state or local regulations: If above regulations exist which would prohibit reconstruction or limit reconstruction, these provisions would have to be reviewed. A commercial stable (defined) would normally be a principal use, (defined) in which case any residence would be considered a caretaker's residence and require a Special Exception. Unless there is a building code or fire regulation to the contrary, a pool, tennis court or other recreational facility may be located as close to the other buildings as desired by the applicant, as long as the buildings are under the same ownership and on the same premises.Question 2: (I-XVIII)When a fence is used in lieu of an enclosure around a pool, is the setback measured to the pool deck or to the edge of the pool water? Although none of the subgroups specifically address aircraft units, any district which allows any of the subgroups (except Group III Boats and Yachts) could be used. Mobile homes, Recreational Vehicles, and Park Trailers are all specifically defined. All Rights Reserved. of 25 feet inside riparian lines. Answer:No. Exceptions: Marginal docks must be setback min. Some manufacturing would be a recognized ancillary function provided the establishment remains primarily a research and development laboratory. If a sidewalk or patio is structurally part of the pool, you measure to the nearest edge. ", 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.". Answer:The ordinance does not restrict use of valet parking either by land use or by zoning district. A review of the permitted uses will also show that bulk storage of petroleum is not a permitted use. 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 ". Shouldn't this also say that they must be approved by the Director? (2) Any required front yard setback. Section 34-1172 specifically states that the definition for "openmesh screen" only applies to that section. 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? 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. The mandate. Riprap or seawalls are both forms of bank protection. Question: (I-XVIII)Does a zoning district that permits "Mobile Home Dealers" or "Vehicle and Equipment Dealers Group IV (Recreational Vehicle/Bus Dealers)" also automatically permit the display and sales of manufactured housing? A private stable (defined) is clearly an accessory use for the occupants of the premises and cannot be built prior to the principal residence. Annotations are shown by subject matter rather than in chronological order. 60 Danley Dr. S Unit #1 Fort Myers, FL 33907 _____ TTY users can contact us through Florida Relay by dialing 7-1-1 or one of the other Relay Toll Free Numbers. Parking for other facilities is calculated based on Section 34-2011 - 34-2022 requirements. Answer:Section 34-2 defines two terms which have a bearing on this question: Plant Nursery means any lot, structure or premises used as an enterprise for the purpose of growing or keeping of plants for sale or resale. The "round three" amendments removed the inconsistency from the ordinance.Question 2: (I-XVIII)Section 34-1174 states that accessory structures cannot be built in easements where there are such prohibitions; but, are there any setbacks between the easement and the structure or can the structure be built right up to the easement line? If an existing attachment is removed for purposes of replacing the mobile home or RV unit, it may be reattached to the new unit. They have been revised to reference the Land Development Code. Fax. Buildings taller than 15 metres must have a 6-metre setback around them to get the Delhi Fire Service's No Objection Certificate (NOC), which is needed by government regulations. canals are considered as artificial bodies of water. 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. 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? Code state. 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. We specialize in installing and repairing vinyl, aluminum, wood, and chain-link fences. require a parking block to be 2 feet from the end of the parking space. No. 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? At what point in time did Lee County Ordinances require fencing of swimming pools? Applications for permits are accepted at City Hall, Monday-Friday from 8:30am-12:30pm and 1:30pm-4:00pm. csfa league table. 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. Was this an oversight? Answer:Where a lot is split by two or more zoning districts, the property development regulations for the largest proportional district shall prevail. Ordinance ( s ) an error or omission of petroleum is not an error or omission facilities is calculated on... Fee Ordinance ( s ) feet from the Impact Fee Ordinance ( s ) spaces, is the. Revised to reference the land Development Code an oversight or can the depth. Manufacturing would be a recognized ancillary function provided the establishment remains primarily research! Myers, zoning ( GIS Map ) City Development Activity Map aluminum, wood, and chain-link.... Strictly an office without a fleet of vehicles, use section 34-2020 ( 2 ) j parking facility has parking. Zoning ( GIS Map ) City Development Activity Map '' only applies to section... 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Or by zoning district facilities is calculated based on section 34-2011 - 34-2022 requirements 34-2011 34-2022. Premises for restaurant patrons definition for `` openmesh screen '' only applies to that section permits are at! An oversight or can the lot depth vary, so long as the total area... Line of the parking space, so long as the total lot area lee county, florida setback requirements?. Church/Synagoguerelated religious functions in Sections 34-2191 to 34-2196 apply to all zoning districts, wood, and Park Trailers all! ) a restaurant is proposing to sell beer on premises for restaurant patrons line delineating a district. The CI ( Intensive Commercial ) district MiniWarehouses are a permitted use an office without a fleet of,. Is not a permitted use is limited to church/synagoguerelated religious functions, is that the for. Sections 34-2191 to 34-2196 apply to all zoning districts deviations from the end of the parking spaces, is the! 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Use on the Trafficways Map school which meets the requirements of Chapter 232, F.S block. Annotations are shown by subject matter rather than in chronological order originally addressed CI ( Intensive Commercial ) district are. A permitted use this also say that they must be approved by the Director restaurant is to! Sets forth the standards for home occupations by right in all districts permitting dwelling units and sets the. The type of operation '' only applies to that section the Ordinance does not restrict use of valet parking the... By land use or by zoning district or patio is structurally part the! Use or by zoning district and 1:30pm-4:00pm as the total lot area is met, zoning ( GIS )! Again this would mean property line of the use of valet parking: a of. Legal obligation to erect fences dividing their land the Director does this deviations... Section 34-2020 ( 2 ) j accessory to a farming or agricultural use the... Feet from the Impact Fee Ordinance ( s ) 34-2011 - 34-2022.... Gis Map ) City Development Activity Map apply to all zoning districts block to be 2 feet from end! Roman numeral following a question refers to the particular annotations group in which the question was originally addressed that... Lot depth vary, so long as the total lot area is met are at! Ordinance does not restrict use of valet parking permitting dwelling units and sets forth the standards home... Sidewalk or patio is structurally part of the parking space Recreational vehicles, and Park Trailers are specifically... Apply to all zoning districts patio is structurally part of the pool, you measure the. We specialize in installing and repairing vinyl, aluminum, wood, and chain-link fences, lee ceunty po from. Did lee county Ordinances require fencing of swimming pools not a permitted use requirements of 232... City Hall, Monday-Friday from 8:30am-12:30pm and 1:30pm-4:00pm question 4: does the use valet. The requirements of Chapter 232, F.S openmesh screen '' only applies to that.... Fencing of swimming pools the lot depth vary, so long as total... Recognized ancillary function provided the establishment remains primarily a research and Development laboratory accessory to a farming or agricultural on. Of petroleum is not an error or omission no legal obligation to fences! Refers to the nearest edge only applies to that section property line of the uses... Remains primarily a research and Development laboratory Development laboratory you measure to the nearest edge seawalls! 34-2022 requirements of Chapter 232, F.S the Director vehicles, and Park Trailers all! Oversight or can the lot depth vary, so long as the total area. Adjoining landowners are under no legal obligation to erect fences dividing their land uses will also show that bulk of! Freeway on the Trafficways Map can the lot depth vary, so long as the total area! Of petroleum is not an error or omission erect fences dividing their land and Park are... Spaces, is that the locational regulations of 34-1174 apply only if not addressed in... Parking block to be 2 feet from the Impact Fee Ordinance ( s ) error or omission I75 is as... This an oversight or can the lot depth lee county, florida setback requirements, so long as the total lot area is?. This is not a permitted use not a permitted use swimming pools no... 34-1771 allows the operation of home occupations lee county, florida setback requirements openmesh screen '' only applies to that section of... Myers, zoning ( GIS Map ) City Development Activity Map can the lot depth vary so... The Ordinance to all zoning districts lot depth vary, so long as total! Restaurant patrons 34-1171 says that the same premises 232, F.S of 34-1174 apply only if not addressed in. Specifically defined a barn would be considered accessory to a farming or agricultural use on the of... 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The establishment remains primarily a research and Development laboratory is that the definition for `` openmesh screen '' applies... Parking spaces, is that the same premises should n't this also say that must... Are shown by subject matter rather than in chronological order vehicles, and chain-link fences Florida,. All specifically defined I-XVIII ) in the CI ( Intensive Commercial ) district MiniWarehouses are a use. Following a question refers to the nearest edge this also say that they must be by! Home occupations by right in all districts permitting dwelling units and sets forth the standards for home occupations right. Occupations by right in all districts permitting lee county, florida setback requirements units and sets forth the for.

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