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. Are there any water setback regulations? 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. Answer:No. The Marine Industrial District is intended to accommodate such uses as boat building, major hull and engine maintenance and repair, landing, icing, and shipping of fish and seafood (fish and seafood processing requires a special permit) and other uses of similar scope and scale. 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. 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. Electrical wiring and equipment must comply with Chapter 27 of the Florida Building Code. We specialize in aluminum, chain link, vinyl, andwood fencingsystems. The IRC is a stand alone code for residenial. Answer:No. SECTION 34-2016 Dimensional requirements; delineation of parking spacesQuestion: (I-XVIII)Sections 34-2016(2)a.2. 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. The legal status of the lot on which the building or structure is located: If the lot is not a legal lot of record, the provisions of 34-3272 must be reviewed. Commercial uses allowed pursuant to Section 528 do not require additional parking provided those uses are clearly subordinate to the principal use and are in compliance with the conditions set forth in Section 34-3021(c). No. 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? 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. Was this an oversight? 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 Answer:No. The regulations deliberately deleted minimum separation for pools, etc. appearance along the roadway, the following minimum setbacks for buildings, structures, parking lots and drives have been established. However, if kitchen facilities are provided within a unit it shall be considered and counted as a dwelling unit and the equivalency factor would not apply. 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? 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. Subsection 34-2194(c)(2) indicates that Docks, Seawalls, other Watercraft Landing Facilities are subject to Section 34-1863 which states: 34-1863 Construction and maintenance of docks, seawalls, and other structures designed for use on or adjacent to waterways. Answer:Yes. 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." 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.". The Board of County Commissioners may allow deviations. Answer:Yes. 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. Written by on 27 febrero, 2023. HomeAbout UsResidentsVisitorsBusinessDepartmentsGovernmentI Want ToADA NoticeContact Us. Economic Development. The definition also indicates that it must be part of the development site. Answer:Yes. ARTICLE VI DIVISION 10 SPECIAL PURPOSE DISTRICTS SUBDIVISION II Environmentally Critical District SECTION 34-983 Use regulationsQuestion: (I-XVIII)Is "hunting" a permitted use in the EC zoning district? 7. 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). The main intent of the ordinance was twofold. Answer: 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? However, this does not authorize the location of a use in a district where that use is not either a permitted principal use or accessory use. Answer:No. The definition of "Family" may apply if there are more than four (4) unrelated individuals residing together. To allow construction of higher fences from the minimum street setback back to the rear lot line for privacy. . SECTION 34-622(c)(13) Essential Service FacilitiesQuestion 1: (I-XVIII)A sewage treatment plant owner wishes to sprayirrigate the effluent onto adjacent property. This includes landing/unloading docks for boats as well as fuel pumps, icehouses, necessary conveyer belts, boat lifts, and similar boat service facilities. "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. Such enclosures for single family dwelling swimming pools shall not be less than four (4) feet in height, and for all other uses covered by this Section the enclosures shall not be less than five (5) feet in height. As long as the width and area are met, the depth can vary. In which zoning district(s) would this type of use be permitted? Construction, placement, erection and maintenance of docks, mooring piles, seawalls, watercraft landing facilities and other structures designed for use on or adjacent to waterways shall be in compliance with established building permit procedures and with Chapter 26, Article II. 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). 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.". (1)(a) [now LDC section 10-174(7)]. SECTION 34-622 Use activity groups General Questions - not section specific. 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? 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? Annotations are shown by subject matter rather than in chronological order. 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. However, they must be located so as to not interfere with required parking spaces, aisles, or driveways. Therefore, it would be subject to setback requirements for accessory structures or buildings. The Board did not discuss wood lattice fences but it is doubtful that a wood lattice fence would be in keeping with the Board's intent.Question 3: (I-XVIII)Subsection 34-1744(b)(1) states that "in residential areas, any fence or wall located between a street rightofway or easement and the minimum required street setback line, shall not exceed three (3) feet in height. It appears that the remaining spaces in the center are sufficient for their required parking.Question 1: (I-XVIII)Is this arrangement considered joint parking? 2200 Second Street, Fort Myers, FL 33901 City Hall 239-321-7000 City Public Records: 239-321-7045 or via Online. Answer:Any storage other than the plants themselves must be screened. Answer:Assuming that the lot is legal and the use is a conforming use, indicating that the only problem appears to be a nonconforming building or structure, there is not (at this time) any time limit for replacement.Question 3: (XXII)Does the term "natural forces" as set forth Article VIII nonconformities, include such destruction to the structure as a result of termites, salt air, or other natural elements? 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. how did dolores cannon die. The required setbacks may be reduced when 40% or more, on a front foot basis, of all lots or The setback is from any "water body." 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) The RV1, RV2 and RV3 districts all require a 10foot separation between units. 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. 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. The roman numeral following a question refers to the particular annotations group in which the question was originally addressed. Where manufacturing is not involved, the sale of the manufactured houses would be the same for conventional buildings subject to the regulations for model homes and model unit display centers. Gov. All activities must be setback a min. Answer:No, this is not an error or omission. ", SUBDIVISION IV Mobile Home Residential Districts SECTION 34-735 Use regulations table (Mobile Homes). Question 7:What happens when a use which proposes valet parking to use valet parking ceases the practice after receiving an occupancy permit. Section 34-3275 Commercial or industrial useQuestion: (I-XVIII)An applicant owns three small contiguous lots which were platted around 1925. However, all setbacks must also be complied with. 239-274-2201 Mailing Address. Answer:Yes. It required setback requirements after a county, lee ceunty po. Answer:Unless there are sufficient parking spaces which comply with the Zoning regulations, the facility would be in violation of the ordinance. Answer:The key word here is public entrance or exit. of 25 feet inside riparian lines. Every swimming pool shall be enclosed by a fence, wall, screen enclosure or other structure constructed or installed so as to obstruct access thereto except by a gate. It looks like your browser does not have JavaScript enabled. In the case of an ALF, commercial uses which are customarily accessory and incidental to the principal use which are within the same building as the principal use and which are intended primarily for the use of the residents and staff (e.g., barbershops, pharmacies, spas) would not be subject to the ratios. Maximum required is 25 feet. Parking for the Place of Worship is calculated independently from the other facilities. In any case, where there is a question as to whether the special exception is unnecessary, an administrative interpretation should be sought. Prefabricated metal buildings are listed in Section 34-622(c)(14) Fabricated Metal Products/Manufacturing Group III. Also, Section 34-1955(c) allows for sales to be conducted in a main sales office located on or off the premises. Answer:No. Similarly, if a membership club, fraternal organization, or some other nonprofit group is running the "Bingo," it would be permitted in whatever district permits the main nonprofit activities. Contact your local Florida Forest field unit for setback requirements. Therefore, if a Place of Worship is running the activity, it would be permitted within their own facilities. RearSetback: 1/2 times (depth of the lot less the street setback), but not less than 5 feet or more than 25 feet. A residence should always be required to comply with setbacks for principal buildings. 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. R309.4 Carports Question 2:What Uses may use valet parking? Is it based on percentage of sales or percentage of floor area, or both? 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)]. 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"). A boarding stable could be either the principal use or an accessory use depending on the predominant use of the property. (The Lee County Zoning Ordinance uses the terminology specified in Chapter 553, Page IV of the Florida Statutes, whereas the mobile home industry often uses the term "manufactured housing" as if it were synonymous with "mobile home."). 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. Provided that there is an approved development order or building permit and where no material is removed from the premises except surplus material not required for backfill or grading. Question: (I-XVIII)What zoning districts will permit "lottery ticket" sales? Answer:Not quite. This type pump should not be confused with "selfservice fuel pumps" which are available to the general public. Question: (I-XVIII)What Use Activity Group and what zoning districts allow organizations to conduct "Bingo" activities? The intent of this group is to provide for the contractors and builders who erect and/or repair buildings, etc. While the ordinance does not address parking of commercial vehicles in residential districts, Section 34-2019 prohibits the repair, dismantling or servicing of commercial vehicles or equipment in offstreet residential parking areas. 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. Parking for other facilities is calculated based on Section 34-2011 - 34-2022 requirements. of 12-2-2002, 70-1) Sec. Answer:No. If the deck is part of the pool, you measure to the deck. Okeechobee Orange Osceola Palm Beach Pasco Pinellas - Less than 100 square feet Polk - maximum height of 5' and no more than 50 square feet. In the past, the front of the building established the point where fence height had to be lower. Putnam St. Johns St.Lucie Santa Rosa - You can apply for An exemption as long It's not greater than 600 square feet. 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? This person's property is located at: (Address or legal description of property for which average setback is requested.) 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. Landscape design Projects - Just How Fences Can Improve Outdoor Areas. Since parking lots are accessory to a principal use, does this mean that no parking lots are permissible in front of the principal building? . from the principal building. Does this include buildings such as covered loading docks for Commercial Fisheries? The church would provide religious services, Bible studies, and the use of church facilities for "events" taking place. In the Board's discussion prior to amending Section 34-1741 - 34-1750, it was clear that the use of the term "open mesh screen" as it applied to fences meant openlink or chainlink fencing which would provide a clear, unobstructed view.Question 2: (I-XVIII)Can "openmesh screen" be interpreted to include a lattice work of wood or other material? (Supp. Answer:Yes. Carlos Machado Sociology Student (B.A. 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, 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. Therefore, in order to remove the material off premises, you must comply with Section 34-1651(a)(1) and Art VII Div 15 Sub II. Answer:Fuel pumps do not require parking spaces. Answer:Yes, the intent of that wording was to allow buildings and structures which are used to service boats to be placed close to the water. However, the term "roofover" shall not be interpreted to mean any roofed structure or contrivance which is support by members attached to, or otherwise setting directly on, the ground. > SUBDIVISION IV Mobile home Residential districts SECTION 34-735 use regulations table ( Mobile Homes.... Records: 239-321-7045 or via Online definition also indicates that it must be located so as to not interfere required! Building Code `` events '' taking Place '' which are available to the rear lot line for privacy Carports 2! A main sales office located on or off the premises case, where there is a alone! 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