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. Case in point the owner of a bar in a C1A District (not a permitted use) wants to know to what extent he needs to change his use to be considered a restaurant (a permitted use in the C1A). Answer:Yes, in this context. What is Valet Parking? Landscaping can be a lot of fun. . Could the word "beverages" also include alcoholic beverages, thereby allowing a bar, whose principal business is the sale of a beverage (in this case, alcoholic beverages) to also fall within the definition? Answer:In most, if not all cases, lottery ticket sales will not be the primary use of the property. 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. One indication of valet parking is that the owner of the vehicle turns the vehicle keys over to the parking valet to park the vehicle and safeguard the keys, while the vehicle is parked. 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. StreetSetbacks on a local (public) street, the minimum is 25 feet. Quick Links. Bureau of Environmental Health, Water Programs. Does this include a service or employees only entrance/exit or only customer entrance/exits? 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. R4101.3 Mechanical requirements. 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. No. Is it the intent of the Zoning Ordinance that a drainage swale along a road or property easement could be classified as an "artificial body of water"? 110 (Brenda Merriman). The remainder parcel was created when all the other lots were deeded prior to the effective date of the Development Standards Ordinance. Click on the link in the Table of Contents to go directly to that topic. 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? 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. 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? Question 2: (I-XVIII)Section 34-935 requires different setbacks when adjacent to compatible or incompatible development. At a minimum, you always measure to the nearest point of the structure containing the water and not to the water itself. Fax. This situation would likely occur only for lots which are created by deed between January 28, 1983, and December 21, 1984. 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. 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. Answer:Section 34-2011(b) addresses existing developments. 5. Lee County GIS. In all cases reasonableness should apply. 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". Answer:No. additional parking shall be provided.". Answer:No. ARTICLE VII DIVISION 37 SUBORDINATE AND TEMPORARY USES SECTION 34-3021 Subordinate usesBackground: (XXVI)Art VII Div 37 Sub I refers, in section 34-3021, to uses that may be permitted by right or Special Exception provided said uses are clearly subordinate to a permitted principal use and are in compliance with the regulations set forth in Section 34-3021. Whether or not a powerline easement can be counted depends on a number of variables concerning the legal status of the easement. 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? Isn't this an inconsistency? give the unit size? In no case may satellite earth stations be placed closer to a right-of-way or street easement than the principal building. 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? Find the best offers for Properties for rent in Palm Coast. Lot 104 typed as Lot 140), or omitting a Block, Unit, or Building number. The ordinance also states that the height shall be measured from the ground level outside of the area so enclosed. In addition, the Development Standards Ordinance required a minimum landscaped buffer of 10 feet from the rightofway. 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.". 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? The trend is towards integrated facilities (one stop shopping). Answer:Hunting is an unregulated (by this Code) use of land which is not prohibited in the EC District. How is the prorating to be accomplished? What does BTR mean? Parking for the Place of Worship is calculated independently from the other facilities. Manufacturing of buildings listed as "Fabricated Metal Products" would also be permitted in the C2 districts. Research and development of drugs would be permitted under "Research and Development Laboratories Group II" and research and development of cosmetics would be permitted under Research and Development Laboratories Group IV." 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? 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? how did dolores cannon die. Answer:Yes. You can not go back to the IBC and mix it with IRC, unless you are referenced to it. The Place of Worship may operate a day care center if it is primarily for church members.Question 3: (I - XVIII)In calculating the required parking for a religious facility, do you use that use(s) that creates the greatest demand at any one time and use that number of spaces as the required number of parking spaces for the entire facility (including all uses)? The term "natural forces" includes such activities as hurricanes, tornadoes, floods, or other such immediate occurrences. Code state. Compounding the problem are issues including: Assuming that the lot is a legal lot of record, the use is a permitted use, and that there are no federal, state or local regulations prohibiting reconstruction, the provisions of Section 34-3241(B) AND 34-3203 are reviewed. SECTION 34-2015 Location and design generally Valet Parking: (XXIX)Question 1: Answer:Any school which meets the requirements of Chapter 232, F.S. . Other federal, state or local regulations: If above regulations exist which would prohibit reconstruction or limit reconstruction, these provisions would have to be reviewed. Contact your local Florida Forest field unit for setback requirements. The emphasis is on Okeechobee Orange Osceola Palm Beach Pasco Pinellas - Less than 100 square feet Polk - maximum height of 5' and no more than 50 square feet. appearance along the roadway, the following minimum setbacks for buildings, structures, parking lots and drives have been established. ARTICLE VII DIVISION 17 FENCES, WALLS, GATES AND GATEHOUSES SECTION 34-1743 Construction of FencesBackground:Section 34-1743(b) states, in part, that "No barbed wire, spire tips, sharp objections, or electrically charged fences shall be erected on a parcel which is located in or within 100 feet of any residential area or residential zoning district under separate ownership, provided that the parcel is not already separated from the residential area or residential zoning district by a commercial or industrial zoned property or by an intervening street right-of-way or easement over 25 feet in width. Environmental Engineering 239-274-2200 LeeCHDEEFeedback@flhealth.gov Fax. 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? 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: . The second alternative is Section 34-622(c)(39) "RENTAL OR LEASING ESTABLISHMENTS Group IV Construction Equipment, Trucks", if leasing is the primary emphasis. The intent is to provide adequate parking for reasonably anticipated peak use. 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? The definition of marina refers to the term "boats." The only modificationto the parking regulations is that each individual space would not have to be accessible at all times from a parking aisle (stacking). Answer:No. Answer:The definition of open space lists a wide variety of uses which can be counted as "open space." Was this a scrivener's error? 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. Community Development. Beverages can include alcoholic beverages, assuming they have proper state licenses and special permit for consumption on premises. Answer:No. 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) Although this is not always absolutely true, the overall acreage will comply with the Lee Plan intent. 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