(1) Any public drainage and utility easement. We specialize in installing and repairing vinyl, aluminum, wood, and chain-link fences. Except that fences may be increased to a maximum height of four (4) feet provided that such fence is of open mesh screening and does not interfere with vehicle visibility requirements (Section 34-3131) at traffic access points.". How and when does the Board determination approval get made? Since the RV and MH districts do not permit "Conventional Single Family Units", the sale of same would be prohibited. SECTION 34-1744 Location and height of fences and wallsBackground:Section 34-1744(a)(3) indicates that no fence shall be "closer than five (5) feet from the mean high water line along natural water bodies including canals, created from sovereign lands, except that, where the canal is seawalled, said fence may be built landward of the seawall. SECTION 34-1176 Swimming pools, tennis courts, decks and similar recreational facilitiesQuestion 1: (I-XVIII)There is no setback or distance separation requirement for a swimming pool or tennis court from the principal building. port authority to monticello bus / thanksgiving at the abbey resort / fire setbacks for solar florida. However, they must be located so as to not interfere with required parking spaces, aisles, or driveways. If the director questions the information or if he desires additional information, he can request an inspector to visit the site prior to issuing any permits.Question 3: (I-XVIII)Section 34-3204 allows reroofing and roof repairs. 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? 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.". Group IV of Section 34-622(c)(48) Stone, Clay, Glass and Concrete products, manufacturing, has not been included as a permitted use in the IG district. Question: (I-XVIII)Does the IM Marine Industrial District allow bulk storage of petroleum products? Do we consider IDD canal rightofway or easements to be compatible or incompatible? Park Trailers are defined as a type of Recreational Vehicle and were intended to be allowed only in the MH-2 district and in nontransient Recreation Vehicle Parks. How would the required number of parking spaces be determined? The minimum required setbacks set forth in Sections 34-2191 to 34-2196 apply to all zoning districts. 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: . (2) Any required front yard setback. It was included only in the IPD district. "Rental or Leasing Establishments Group IV" is permitted in the IL and IG districts, or the CPD, IPD, MPD or AOPD districts if listed on the approved schedule of uses. Was this an oversight? 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. Applications for permits are accepted at City Hall, Monday-Friday from 8:30am-12:30pm and 1:30pm-4:00pm. 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? Answer:Yes. How is the prorating to be accomplished? Answer:No, provided that the "Day Care Center" is sponsored by a church/synagogue within its own structure(s). Whether or not a powerline easement can be counted depends on a number of variables concerning the legal status of the easement. The word beverage in the definition of "Restaurant, Standard" is a more general term whereas in the definition of "Bar or Cocktail Lounge" a more specific type of beverage is defined. 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. Answer:The key word in both Sections is "may." Answer:"Bingo" or other similar recreational activities do not fall within any specific Use Group. A canal in most instances could be compatible to almost any use. 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. of 12-2-2002, 70-1) Sec. 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. 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.". The trend is towards integrated facilities (one stop shopping). Does this include buildings such as covered loading docks for Commercial Fisheries? In addition, Planned Developments can also request deviations. The intent therefore, is to measure from property line to property line.Question 2: (I-XVIII)Based on the wording of Section 34-1204, is it the intent to restrict these uses from zoning districts which permit both residential and commercial uses? Answer:Section 34-1204(1) states "no use of land shall be closer than 1,000 feet measured on a straight line from the closest wall of any building containing a similar use." Answer:The key word here is public entrance or exit. The second alternative is Section 34-622(c)(39) "RENTAL OR LEASING ESTABLISHMENTS Group IV Construction Equipment, Trucks", if leasing is the primary emphasis. 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. A "Place of Worship" is permitted "existing only". The definition of marina refers to the term "boats." If the existing parking "lawfully exists," i.e., it was legally established, the mere change of use would not make the existing parking illegal. Answer:Yes. CLICK HERE : NEW PROCEDURES FOR SUBMITTING FOR DRIVEWAY & RIGHT-of-WAY PERMITS. This situation would likely occur only for lots which are created by deed between January 28, 1983, and December 21, 1984. If sales is the primary emphasis, Section "34-622(c)(55) VEHICLE AND EQUIPMENT DEALERS" is the appropriate main category. 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. Uses such as theaters, arenas, cruise ships, stadiums, etc. 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. Compulsory School Attendance would be classified as a "School, NonCommercial." Does this include package treatment plants? 60 Danley Dr. S Unit #1 Fort Myers, FL 33907 _____ TTY users can contact us through Florida Relay by dialing 7-1-1 or one of the other Relay Toll Free Numbers. Easements of this type should be referred to the attorney's office for interpretation of the developer's rights.Question 4: (I-XVIII)The use regulations in Section 34-937 apportions gross commercial floor areas permissible based on number of dwelling units. Question 2: (XIX)Would an establishment, primarily involved in research and development of drugs and/or cosmetics be a permitted use in the IL Industrial District? 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. 5. 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. It indicates, "Click to perform a search". Therefore the minimum setback applies to either.Question 2: (I-XVIII)Section 34-2194(c) specifically references required setbacks from "seawalled" bodies of water. A private stable (defined) is clearly an accessory use for the occupants of the premises and cannot be built prior to the principal residence. . Answer:Not quite. Fuel pumps which are solely for the use of private establishments and their vehicles are considered an accessory use. 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. 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. Where can I find your Land Development Code? Although Group V "Construction Equipment" may also be an appropriate grouping, it is primarily intended for large equipment and would be too restrictive. 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. Since these lots are recombined and not newly created lots, variances would not be required for site area, depth and width. The ordinance also states that the height shall be measured from the ground level outside of the area so enclosed. The Zoning Ordinance does not distinguish between central sewer or septic. City Home. 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." Sewage plants listed as Essential Service Facility Group II were intended to mean facilities serving more than one project. Answer:The setback required would be the same as for a local street. Answer:Yes. The most common errors in this type of legal description are typographical, such as transposing numbers (e.g. Answer:Section 34-935(b) supersedes Section 34-1174. The provision (which carried over from pre1986 zoning regulations) conflicted with several new 1986 provisions such as increased setbacks for all structures and buildings from collector and arterial roads and the provision that any deviation from the setback provisions could only be approved by special permit. Also, Section 34-1955(c) allows for sales to be conducted in a main sales office located on or off the premises. Question 2:What Uses may use valet parking? Can an individual obtain an occupational license for a day care on church property or must the church itself obtain the occupational license? 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. 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? Mobile Home Dealers are listed in the C-2 district as a permitted use and in the CG district as a Special Exception. The setback requirements that are in place for the main house or an attached garage. All Rights Reserved. Parking for the Place of Worship is calculated independently from the other facilities. In all cases reasonableness should apply. The definition also indicates that it must be part of the development site. document.write((new Date()).getFullYear());Lee County, FL. Does this include "roofovers"? 850-245-4240. In any case, where there is a question as to whether the special exception is unnecessary, an administrative interpretation should be sought. As such they need to be reviewed on a casebycase basis as planned developments. 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. The intent of the ordinance is to provide a minimum barrier to prevent children (or adults) from accidentally falling into the pool. Answer:It would be considered as a recreational vehicle park operated by a religious institution. A commercial stable (defined) would normally be a principal use, (defined) in which case any residence would be considered a caretaker's residence and require a Special Exception. Itself obtain the occupational license for a Day Care on church property or must the church itself obtain occupational... 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