ARTICLE VII DIVISION 12 DENSITYSUBDIVISION II. If the existing parking "lawfully exists," i.e., it was legally established, the mere change of use would not make the existing parking illegal. ).Question 3: (I-XVIII)Can a utility easement, especially a powerline easement, be calculated as part of the open space requirement for an RPD rezoning request? Answer:The intent of the ordinance was that these ratios apply primarily to principal uses within a planned development. Question 4:Does the use of Valet Parking affect the location of the parking spaces? fire setbacks for solar florida. Question: (I-XVIII)Does the IM Marine Industrial District allow bulk storage of petroleum products? The intent is to provide adequate parking for reasonably anticipated peak use. SECTION 34-1748 Enclosure of high-voltage transformers and other utility equipmentBackground:Section 34-1748 requires all substations or equipment of potential hazard to residents or passersby not otherwise protected shall be enclosed by a chainlink fence not less than eight feet (8') in height and topped with three strands of barbed wire. Pools built after February 4, 1978 and prior to August 1, 1986 would be subject to the 1978 regulations. 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. Answer:No. Does this include a service or employees only entrance/exit or only customer entrance/exits? Answer:This is a very complex issue and will, in most cases, have to be referred to the attorney's office for a ruling. How and when does the Board determination approval get made? Does the developer have to apply for a Special Exception? Answer:The setback is always measure to the nearest point of a building or structure. Question 2:What Uses may use valet parking? In the past, the front of the building established the point where fence height had to be lower. of 10 feet Shorelines < 65 feet Structures shared by two adjacent single-family parcels If setback waiver is obtained from the affected adjacent upland riparian owner [18-21, F.A.C.] SUBDIVISION II MINING SECTION 34-1679 Renewal of permitQuestion: (I-XVIII)The way Section 34-1679(c) is worded, permits can be modified merely by making application to the Director. Answer:No to all questions. Question 1: (I-XVIII)"Open mesh screening" is defined in Section 34-1172 concerning swimming pools. ", SUBDIVISION IV Mobile Home Residential Districts SECTION 34-735 Use regulations table (Mobile Homes). The wording in Section 34-1204(b) states "from any district which allows residential uses." However, the C1 zoning district does not list mobile home dealer as a permitted use. 3. 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? 1982 Development Standards Ordinance, as amended, or which would qualify for such exemption if a formal request was made. ARTICLE VIII NONCONFORMITIES DIVISION I GENERALLY SECTION 34-3204 Mobile home and recreational vehicle unit replacements and roof repairsQuestion 1: (I-XVIII)If a mobile home or recreational vehicle is replaced under this provision, can accessories that have been detached from the old unit be reattached to the new unit, even if the attachments would not be permitted under the current regulations? Answer:No. The site plan submitted shows the parking spaces in question as an integral part of the shopping center parking lot, in that common entrances and aisles are used. 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. ", Abutting means "properties having a boundary line, or point or portion thereof, in common with no intervening street right-of-way or easement, or any other easement over twenty-five (25) feet in width.". SECTION 34-616 Rules for interpretation of district boundariesQuestion:How would the development regulations apply, in instances where a lot is split by two or more zoning districts? Answer:No. 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? 68.305. R309.4 Carports or is it an accessory use? Answer:Unless there are sufficient parking spaces which comply with the Zoning regulations, the facility would be in violation of the ordinance. 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. Following is a republication of those Zoning Ordinance and Development Standards Ordinance annotations (Groups I-XXIX) which are still valid. (Supp. Answer:The key word in both Sections is "may." (3) The reason for requiring the special exception is so that the county can be assured that the parking spaces will be available in the future, and to assure that they are not "double counted" in the event the shopping center expands. Does that definition apply when used in Section 34-1741 - 34-1750 Fences, Walls, Gates, and Gatehouses? Navigate. 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. okaloosa county setback requirements 19 Feb. okaloosa county setback requirements. At what point in time did Lee County Ordinances require fencing of swimming pools? Isn't this an inconsistency? The most common errors in this type of legal description are typographical, such as transposing numbers (e.g. 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? Packaging or repackaging of materials which does not chemically or physically alter the composition of an item is permitted under "Processing and Warehousing." 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"). 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? Does this include buildings such as covered loading docks for Commercial Fisheries? "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. 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. Answer:Sprayirrigation disposal would be an Essential Service Facility Group II unless it is located on the same premises as the sewage disposal plant or package plant. Answer:Not quite. 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. Answer:Compatible or incompatible to what? Although Group V "Construction Equipment" may also be an appropriate grouping, it is primarily intended for large equipment and would be too restrictive. Dyson overbuilt her Briggs antiseptically, she rephrased it pushing. ARTICLE VI DIVISION 7 MARINE-ORIENTED DISTRICTS SECTION 34-873 Use regulations table. "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). Answer:No. 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. Question 2: (I-XVIII)Section 34-3241(b)(2) allows reconstruction of nonconforming structures damaged by fire or other natural forces. ARTICLE VIII DIVISION 3. Answer:Yes. Lee County GIS. Question 2: (I-XVIII)Section 34-935 requires different setbacks when adjacent to compatible or incompatible development. as long as: The pile is less than 8 feet in diameter; You meet the required setbacks; and Gross density allows calculation of roads used for residential purposes, but does not include lands used for commercial, office, and industrial uses. Does this Section apply to swimming pools which predated said effective date. The owner wishes to sell them individually and believes that Section 34-3275 exempts him from needing variances from the IL lot requirements. See division 2 of this article. Because of the wording of the section, i.e., "barbed wire, spire tips, sharp objects or" the intent was and remains to prohibit these dangerous types of fences except where specifically stated to the contrary. 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? (Ord. 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. 239-274-2201 Mailing Address. 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). If a parking facility has a parking attendant to direct cars to parking spaces, is that the same as valet parking? 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. okaloosa county setback requirements. All these items qualify as a structure and hence cannot encroach into the 10foot separation area. City Home. Answer:No. This chapter shall apply to the unincorporated areas of the county. 850-487-0864. However, all setback requirements for the specific zoning district must be met. Mobile homes, Recreational Vehicles, and Park Trailers are all specifically defined. Quick Links. The setback is from any "water body." In effect, the Board's decision is that no deviation from the Impact Fee Ordinance can be allowed and staff should not even permit the processing of deviation request for relief from the Impact Fee Ordinance. b. of 25 feet inside riparian lines. would not normally offer valet parking.Question 3:Does the use of Valet Parking reduce the number of parking spaces required or whether or not paving is required? 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. Background:
Is the intent that the "ratios" listed in 34-937(2) be applied to an ALF which intends to have "commercial" (e.g., barbershop, pharmacy, spa) uses within their building which will be solely for the use of the residents (and staff) or are these to be applied only when the commercial uses are primarily the principal use of a building (i.e., in separate buildings from the living facilities)? The setback requirements that are in place for the main house or an attached garage. ARTICLE VI DIVISION 3 RESIDENTIAL DISTRICTS SUBDIVISION II One and Two Family Residential Districts SECTION 34-694 Use regulations tableQuestion 1: (I-XVIII)Is there anything in the Zoning Ordinance that would prohibit a person occupying a singlefamily residence from renting out extra bedrooms to other unrelated individuals? 22-07, adopted March 1, 2022. . Landscaping uses many different sorts of fencing, and also . Would storage and/or sale of pine bark, potting soil, fertilizer, edging railroad timbers and other miscellaneous items used by landscape contractors be ancillary to the principal use? Day care centers are permitted by Special Exception in RS, TF, and TFC districts. port authority to monticello bus / thanksgiving at the abbey resort / fire setbacks for solar florida. 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. ARTICLE VII DIVISION 26 OFF-STREET PARKING SECTION 34-2011 Applicability of divisionQuestion: (I-XVIII)When computing parking for a change of use permit, what happens to existing parking spaces that presently are backing out onto a rightofway. Answer:No. obtained from the Lee County Soil & Water Conservation District, 319 S. Mason, Amboy, IL 61310 (815) 857-3623 x. Answer:If the use is in a freestanding building, the parking would be calculated based on Small Products (1 space per 200 square feet of total floor area, minimum of 5 space). The intent of this section is to recognize the problem created by the Comprehensive Plan in its definition for density. 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. (3) SUBDIVISION III Multiple-Family Districts SECTION 34-714 Use regulations tableQuestion 1: (I-XVIII)If a proposed multifamily residential development within an RM District (which permits existing marinas only) includes an appurtenant docking area for use of the residents and guests only, but does not include fuel docks, ship's store or other commercial uses, does the docking area fall within the definition of marina? 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. 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? Fuel pumps which are solely for the use of private establishments and their vehicles are considered an accessory 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 ". A guesthouse is not a customary accessory use for purposes of this Ordinance. 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. The second paragraph of Section 34-3241(B)(2) exempts lawfully existing singlefamily residences and mobile homes from the above concerns by allowing replacement (if the new unit is no larger in area, width and depth than the unit being replaced) in the exact location of the original. Setbacks SECTION 34-2192 Street setbacksQuestion 1: (I-XVIII)Subsection 34-2192(a) contains a table of setbacks from various street classifications. For example, if the required space is 9 x 18, the block as 2 feet back from one end and sixteen feet back from the "entering" end. However, this particular question was recently addressed by the Board of County Commissioners. Also, Section 34-1955(c) allows for sales to be conducted in a main sales office located on or off the premises. Question: (I-XVIII)What Use Activity Group and what zoning districts allow organizations to conduct "Bingo" activities? Answer:This question is too broad for a simple answer. 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. perform an average rear/front setback for your neighbor. Was this an oversight or can the lot depth vary, so long as the total lot area is met? Since the dictionary defines "carpentry" as "the art of shaping and assembling structural woodwork," and fabricating as "to construct or manufacturer," does this mean that cabinet making is a permitted use? However, the dictionary defines "primary" as "of first rank, importance, or value.". The intent of this group is to provide for the contractors and builders who erect and/or repair buildings, etc. All Rights Reserved. require a parking block to be 2 feet from the end of the parking space. Return to Table of Contents, ARTICLE I - IN GENERAL SECTION 34-2 DEFINITIONS. The area used for valet parking must be clearly marked and not accessible to the public. Answer:Any school which meets the requirements of Chapter 232, F.S. The definition of marina refers to the term "boats." Answer:The definition of open space lists a wide variety of uses which can be counted as "open space." 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. - Other Setbacks. The intent of the setback requirements is in addressing unprotected banks. Since this is manufacturing, would this be permitted only in a Light Industrial zoning district? Question: (XXIV)Would this requirement apply to other utility structures or equipment, such as a water treatment plant, that do not pose a direct hazard to passersby or residents? Answer:Yes. ARTICLE VI DISTRICT REGULATIONS
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. 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. It was the intent of the BOCC to allow the replacement of the units without interfering with existing attachments. how did dolores cannon die. CLICK HERE : NEW PROCEDURES FOR SUBMITTING FOR DRIVEWAY & RIGHT-of-WAY PERMITS. A Home Care Facility is defined as: "A conventional residence in which up to three (3) unrelated individuals are cared for but without provision for routine nursing and/or medical care.". Answer:No. Does this include package treatment plants? 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A planned development 7 MARINE-ORIENTED districts Section 34-735 use regulations table ( Mobile Homes ), as,... Require a parking block to be lower question was recently addressed by the Board of county Commissioners require of. This be permitted only in a Light Industrial zoning district must be marked... Get made fencing of swimming pools area used for valet parking affect the location of the to! Unincorporated areas of the county any school which meets the requirements of chapter 232, F.S and when the... Exempts him from needing variances from the end of the parking space. open! To principal uses within a planned development, TF, and also ARTICLE VI DIVISION 7 MARINE-ORIENTED districts Section use! Conducted in a Light Industrial zoning district Group and What zoning districts allow organizations to conduct Bingo. Section 34-2192 Street setbacksQuestion 1: ( I-XVIII ) What use Activity Group and What zoning districts allow organizations conduct. 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