Further, the activities listed under Section 34 -1673, as not being applicable to the provisions of Art VII Div 15 Sub II Mining, would also be applicable to Section 34-1651(A)(2) (as exceptions to 34-1651(a). As long as the width and area are met, the depth can vary. 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. Is this a permitted use? additional parking. February 27, 2023. If not, what district would permit it? A canal in most instances could be compatible to almost any use. Lee County Florida Fence Setback Requirements. Tallahassee, FL 32399-1710. Jurisdiction. Answer:Unless there are sufficient parking spaces which comply with the Zoning regulations, the facility would be in violation of the ordinance. document.write((new Date()).getFullYear());Lee County, FL. We specialize in aluminum, chain link, vinyl, andwood fencingsystems. Question #1: (XXII)Does a favorable single family determination pursuant to the Lee Plan exempt a property owner from having to obtain a lot split approval under the DSO? If a "Place of Worship" wants to add a "Day Care Center" does it require a Special Exception? . Merely adding a grill or sandwiches to bar or cocktail lounges does not qualify the bar to be called a restaurant. Answer:No. 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 The lot sizes required in Section 34-654 do not include street rightsofway. okaloosa county setback requirements. In addition, the Development Standards Ordinance required a minimum landscaped buffer of 10 feet from the rightofway. If the cabinet making is from nonwood materials, it would come under Section 34-622(c)(18) Furniture and Fixtures, Manufacturing. Answer:No. However, for purposes of establishing setbacks only, I75 shall have the same setbacks as set forth for Arterial roads. 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. Therefore, if a Place of Worship is running the activity, it would be permitted within their own facilities. Do we consider IDD canal rightofway or easements to be compatible or incompatible? 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. 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. The required setbacks may be reduced when 40% or more, on a front foot basis, of all lots or I still need what the Florida Res. Uses such as theaters, arenas, cruise ships, stadiums, etc. Answer:The setback is always measure to the nearest point of a building or structure. As such they need to be reviewed on a casebycase basis as planned developments. However, if the establishment stores a fleet of trucks, special vehicles, etc., and does not normally generate customer traffic, then you can use Section 34-2020(3)c.Question 2: (I-XVIII)Food preparation and delivery services (i.e., Domino's Pizza) are becoming more common and are not specifically addressed by definition or in the use groups. Exceptions: Marginal docks must be setback min. Community Development. Although Group V "Construction Equipment" may also be an appropriate grouping, it is primarily intended for large equipment and would be too restrictive. Would a "riprap" wall be considered the same as a "seawall"? An individual cannot rent, lease, or otherwise operate a day care center using facilities of a "Place of Worship." delray beach setback requirements deadly premonition 2 enemies lewis and clark called it the seal river codycross . ARTICLE VI DIVISION 6 COMMERCIAL DISTRICTS SECTION 34-843 Use regulations table. Does this include a service or employees only entrance/exit or only customer entrance/exits? Section 34-2015(1) Location and Design Generally requires that "except for parking lots zoned CP or as provided in section 34-2018, all required parking lots shall be provided on the same premises and within the same or similar type zoning district as the use which they serve.". If a number of these lots are subsequently recombined (under today's regulations), as an example three lots into two, would these recombined lots be required to meet the minimum requirements of the Zoning Ordinance and, if not, would variances be required? They have been revised to reference the Land Development Code. Permits issued by Charlotte County are required for all work done in county right-of-ways and easements, or use thereof for access including but not limited to: . Parcels not within a subdivision can be described using the Public Land Survey System ( PLSS - Public Land Survey System ). Nothing in the ordinance allows for deviating from the location standards when valet parking is used.Question 5:Can public parking and valet parking be located within the same parking facility? Answer:Yes. Answer:The definition of open space lists a wide variety of uses which can be counted as "open space." Subsection (3) says "when the use of a building is changed to a different conforming use which is required to have more parking than is presently provided, the . Such uses shall be conducted entirely within the dwelling unit or customary accessory building. 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. Since parking lots are accessory to a principal use, does this mean that no parking lots are permissible in front of the principal building? Activities That Do NOT Require a Burn Authorization. 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 ". All these items qualify as a structure and hence cannot encroach into the 10foot separation area. 4052 Bald Cypress Way, Bin A-08. The church would provide religious services, Bible studies, and the use of church facilities for "events" taking place. A platted survey of the parcel must be provided. 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. At what point in time did Lee County Ordinances require fencing of swimming pools? 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? Answer:No. Answer:Yes, provided all applicable regulations are met such as parking and any special conditions required at time of approval. Answer:Section 34-1171 "Applicability of Division" sets forth that Sections 34-1171 - 34-1174 do not apply to those accessory uses, buildings, and structures which are incidental and subordinate to the principal use or building and which are specifically regulated elsewhere in this ordinance. 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? The situation you've described wherein a person residing in his own home leases one or two bedrooms to nonrelated individuals does not meet the definition of "Boarding House" or "Rooming House". 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: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? Question 1: (I-XVIII)Sections 34-1263(e) and 34-1264(b)(1)a. require the 500 foot setback to be measured from any public entrance or exit of the establishment. Answer:A lot is "created" as set forth in Section 34-3272 of this Ordinance. Section 34-1172 specifically states that the definition for "openmesh screen" only applies to that section. 110 (Brenda Merriman). (3) You can not go back to the IBC and mix it with IRC, unless you are referenced to it. Answer:Yes. When did or does the destruction have to occur to comply with this section? 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. Normally those activities are ancillary to some permitted use. 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. If located on the same premises, it is considered an accessory use to the sewage disposal plant or package plant.Question 2: (I-XVIII)Sewage disposal or treatment facilities are listed as a Group II use. This section only applies to high voltage transformers or utilities or equipment which may pose a direct hazard to residents or passersby. ARTICLE VII DIVISION 35 SPORTS/AMUSEMENT PARKS AND RECREATIONAL FACILITIES SECTION 34-2478 ParkingQuestion: (I-XVIII)Section 34-2478 indicates that the Board of County Commissioners may allow up to fifty (50) percent of the required parking to be met offsite if certain provisions are met. 239-274-2201 Mailing Address. 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.". How is the prorating to be accomplished? (2) Any required front yard setback. Answer:The prohibition against barbed wire, spire tips, sharp objects, or electrically charged fences in residential areas or residential zoning districts has been a county regulation since, at least, 1978 where it appeared as Section 500.15.B.12. 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? 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. 1. 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. 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. The Lee County Board of Commissioners enacts this chapter under the exercise of powers conferred upon it by the Georgia State Constitution, Article IX, Section II, Paragraph IV, Planning and Zoning. 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. Therefore the minimum setback applies to either.Question 2: (I-XVIII)Section 34-2194(c) specifically references required setbacks from "seawalled" bodies of water. 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. No. setback requirement for the zoning district in which it is located, except as otherwise specified herein. Parking for other facilities is calculated based on Section 34-2011 - 34-2022 requirements. 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