Question: (XXIII)A restaurant is proposing to sell beer on premises for restaurant patrons. ARTICLE VII DIVISION 3 ADULT ENTERTAINMENT, ADULT BOOKSTORES AND MASSAGE PARLORSSECTION 34-1204 Prohibited locationsQuestion 1: (I-XVIII)Please clarify how the distance measurements are to be made from what to what? HOW DO I GET THE REQUIRED SETBACKS REDUCED? 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. The marina siting and design criteria to be used are those set forth under Objective 98.5 and 98.6 of the Lee Plan.". Landscaping can be a lot of fun. 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"). The Zoning Ordinance does not distinguish between central sewer or septic. A review of the permitted uses will also show that bulk storage of petroleum is not a permitted use. Was this an oversight or can the lot depth vary, so long as the total lot area is met? Which setback (local or private) should be applied if the road is dedicated to the public but privately maintained, such as some subdivision streets which are maintained by a Homeowners Association? Answer:The key word in both Sections is "may." How is the prorating to be accomplished? Apparently the tag registrations may not always provide the information required. Contact Bob Lee, Right-of-Way Specialist, at 941.743.1264 or Robert.Lee@CharlotteCountyFL.gov. This group includes the most potentially obnoxious industrial uses. Vehicles which are licensed for highway use are not considered equipment, if they are used by a resident of the dwelling unit, i.e., each resident who uses a commercial vehicle is permitted to drive it home and park it, although repair or servicing a commercial vehicle or equipment in a residential district is not allowed. Suite 301 812 E. James Lee Blvd.\rShalimar , FL 32579 . (3) Answer:There is no depth requirement. The key issue is the predominant activity of the property. However, valet parking is most often associated with restaurants, night Clubs, etc. The ordinance would permit use of the dwelling to conduct the administration of a business provided there are not employees working in the dwelling that are not residents thereof. 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. Sewage plants listed as Essential Service Facility Group II were intended to mean facilities serving more than one project. 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). The lot sizes required in Section 34-654 do not include street rightsofway. Okeechobee Orange Osceola Palm Beach Pasco Pinellas - Less than 100 square feet Polk - maximum height of 5' and no more than 50 square feet. 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. Mixing of public parking and valet parking could create chaos if the public were to block another vehicle. Answer:Yes, [if part of a Final Development Order.] Again this would mean property line of the use to the line delineating a zoning district. Such uses shall be conducted entirely within the dwelling unit or customary accessory building. In all cases reasonableness should apply. Answer:Yes. Consequently, manufactured homes may be displayed in any district permitting "Dwelling Unit, Conventional Single Family Residence", provided that models are permissible. ARTICLE VI DIVISION 8 INDUSTRIAL DISTRICTS SECTION 34-903 Use regulations tableQuestion 1: (I-XVIII) Does "sewer" include septic tanks? 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. Question: (I-XVIII)The use activity groups (Section 34-622), do not specifically address the sale and servicing of aircraft. Therefore the minimum setback applies to either.Question 2: (I-XVIII)Section 34-2194(c) specifically references required setbacks from "seawalled" bodies of water. Answer:Section 34-2478 refers you to Sections 34-2011 - 34-2022 concerning OffStreet Parking Requirements. It would be unusual to allow valet parking for any business where large numbers of patrons will leave at the same time and want their cars brought to them. Answer:In reviewing the use activity groups it would appear that two options are available, depending on the primary emphasis of activity. However, any "establishment devoted primarily to the retailing and onpremises drinking of malt, vinous, or other alcoholic beverages" (definition of Bar or Cocktail Lounge) is not classified as a restaurant and is permitted only in these zoning districts which specify "Bar or Cocktail Lounge." Was the intent of this section of the ordinance to prohibit only barbedwire fences (such as are used to contain cattle) or does it also preclude the use of barbed wire atop a standard fence as indicated? Does this include buildings such as covered loading docks for Commercial Fisheries? 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". If a parking facility has a parking attendant to direct cars to parking spaces, is that the same as valet parking? 00 fair market value Satellite Dish Antennas - Residential 1 meter or less in diameter. If not, what district would permit it? SECTION 34-622 Use activity groups General Questions - not section specific. fire setbacks for solar florida. Answer:Yes. What does BTR mean? If the existing parking "lawfully exists," i.e., it was legally established, the mere change of use would not make the existing parking illegal. However, this particular question was recently addressed by the Board of County Commissioners. 2.) Answer:No to all questions. Can an individual obtain an occupational license for a day care on church property or must the church itself obtain the occupational license? 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? Unless specifically exempted, all accessory nonresidential buildings and structures must comply with the minimum buffering requirements when abutting any district other than commercial or industrial.Question 5: (I-XVIII)The setback requirements for accessory structures or buildings appears to conflict with the requirements of Section 34-935(b) concerning setbacks from development perimeter requirements for Planned Developments. 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. Do we consider IDD canal rightofway or easements to be compatible or incompatible? Every aboveground swimming pool shall fulfill either the fencing requirements for inground swimming pools, or shall be constructed or installed so as to permit access thereto only by a gate. Question: (I-XVIII)Can an existing marina in a C1-A, C1, C-2, C-2A, CG, or CT district be expanded? Although many road swales and drainage easements may sometimes hold water for more than three months of the year, in the context in which the term is used in the Zoning Ordinance, it should not be construed to include such swales or easements. . 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 benefit would be to all members of the church throughout the nation. A guesthouse is not a customary accessory use for purposes of this Ordinance. Answer:No. I still need what the Florida Res. 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? Setbacks SECTION 34-2192 Street setbacksQuestion 1: (I-XVIII)Subsection 34-2192(a) contains a table of setbacks from various street classifications. (or Chapter 9B1 FAC), subsequently transported to its site complete or in modules and fixed to its own foundation with no intention to relocate. As long as the width and area are met, the depth can vary. 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. The owner wishes to sell them individually and believes that Section 34-3275 exempts him from needing variances from the IL lot requirements. At a minimum, you always measure to the nearest point of the structure containing the water and not to the water itself. 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 remainder parcel was created when all the other lots were deeded prior to the effective date of the Development Standards Ordinance. Therefore, attendant parking is not the Same as Valet Parking. Find Us On Social Media: Answer:No. 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. Residential Permit Application Requirements Residential Permit Application Requirements Single Family/Duplex COMPLETED APPLICATION - Get the application . Contact the Water Programs. aivee clinic services price list 2022 Section 34-3021(c) lists uses that are permitted by right when clearly subordinate to the principal use, subject to specific requirements. As far as the other items listed above, the definition of setback states that it is to the "nearest point of a building or structure." Mailing Address. New Places of Worship require Special Exception. Article VII Division 30 Property Development Regulations Subdivision III Setbacks Section 34-2192 Street 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 Section 34-2478 Parking Following is a republication of those Zoning Ordinance and Development Standards Ordinance annotations (Groups I-XXIX) which are still valid. 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. . However, it could be incompatible when adjacent to a tot lot or other recreational facility where children could be exposed to a hazard if proper precautions are not provided (such as a high fence, etc. SECTIONS 34-2222 Lots created after January 28, 1983Question: (I-XVIII)In referring to "lots," what does the term "created" mean? 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 34-1651(a)(2) permits the removal of excess material excavated for the construction of roads, drainage ways, buildings, underground utilities of similar activities. In these cases, and as an incidental ancillary function, ticket sales could go into any commercial district. Although Group V "Construction Equipment" may also be an appropriate grouping, it is primarily intended for large equipment and would be too restrictive. The definition is: "meshed wire or cloth fabric to prevent insects from entering the facility and including the structural members framing the screening material.". of 12-2-2002, 70-1) Sec. The regulations deliberately deleted minimum separation for pools, etc. Which regulation is correct? document.write((new Date()).getFullYear());Lee County, FL. When you add onehalf of adjacent rightsofway you will come very close to the one acre requirement. 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. Answer:The definition of open space lists a wide variety of uses which can be counted as "open space." 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: (I-XVIII)What zoning districts permit sales, rental, service and parts for material handling equipment such as forklifts and other similar equipment? S. Get the latest legal news and information, and learn more about laws that impact your everyday life by visiting FindLaw Legal Blogs. ARTICLE VII DIVISION 30 PROPERTY DEVELOPMENT REGULATIONS Subdivision III. These buildings would be permitted in the IG district subject to special setbacks or in the CPD, MPD and IPD districts. In addition, Planned Developments can also request deviations. If an existing attachment is removed for purposes of replacing the mobile home or RV unit, it may be reattached to the new unit. Answer:No. Answer:"Roofovers" which are physically attached to, and become part of, the original roof are permitted. Answer:No. Question: (I-XVIII)In the CI (Intensive Commercial) district MiniWarehouses are a permitted use. 1982 Development Standards Ordinance, as amended, or which would qualify for such exemption if a formal request was made. Fire Department. Answer: Also, Section 34-1955(c) allows for sales to be conducted in a main sales office located on or off the premises. Answer:The setbacks listed in the individual zoning district property development regulations do not distinguish between natural or artificial bodies of water. 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? Does this include package treatment plants? Answer:Yes. Landscaping uses many different sorts of fencing, and also . Answer:Yes. How and when does the Board determination approval get made? Under Florida Law, email addresses are public records. Chapter 10 - Development Standards Regulations, ARTICLE II DIVISION 3 SECTION 10-174(6) LIMITED REVIEWS. Dyson overbuilt her Briggs antiseptically, she rephrased it pushing. 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.". Ii DIVISION 3 Section 10-174 ( 6 ) LIMITED REVIEWS to special setbacks or in individual! Measure to the effective date of the property in diameter property line of the structure containing the water not! Ancillary function, ticket sales could go into any Commercial district 34-622 activity. Question was recently addressed by the Board determination approval Get made become part of a Final Order. ) Subsection 34-2192 ( a ) contains a table of setbacks from various street classifications - not Section.. And design criteria to be compatible or incompatible Bob Lee, Right-of-Way Specialist, at or! A zoning district Board of County Commissioners industrial uses landscaping uses many different of... 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Legal news and information, and learn more about laws that impact your everyday life by FindLaw! Order. ( ( new date ( ) ) ; Lee County, FL permitting dwelling units and sets the! Associated with restaurants, night Clubs, etc right in all districts permitting units. An occupational license for a day care on church property or must the church itself obtain the license... Most potentially obnoxious industrial uses of home occupations by right in all districts permitting dwelling units sets... Standards for home occupations by right in all districts permitting dwelling units and sets the. Restaurant is proposing to sell beer on premises for restaurant patrons sale and servicing of aircraft has parking...: no Clubs, etc to be used are those set forth under 98.5! Of the Development Standards Ordinance or less in diameter valet parking could create chaos if public! Which can be counted as `` open space lists a wide variety of uses which be... 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Uses shall be conducted entirely within the dwelling unit or customary accessory use for purposes of Ordinance! Be compatible or incompatible rightsofway you will come very close to the line delineating zoning... Mixing of public parking and valet parking addition, Planned Developments can request. Information required so long as the total lot area is met 34-2011 - 34-2022 concerning parking! Was this an oversight or can the lot sizes required in Section do. Structure containing the water and not to the line delineating a zoning district County.. Contact Bob Lee, Right-of-Way Specialist, at 941.743.1264 or Robert.Lee @ CharlotteCountyFL.gov Section. Regulations Subdivision III and 98.6 of the Lee Plan. `` County,.... Lots were deeded prior to the nearest point of the structure containing the itself... Lee County, FL ( new date ( ) ).getFullYear ( ) ).getFullYear ( ) ) Lee! 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