- Other Setbacks. Sarasota Seminole Sumter Suwannee Taylor Union Volusia Wakulla Annotations are shown by subject matter rather than in chronological order. Mobile homes, Recreational Vehicles, and Park Trailers are all specifically defined. Please turn on JavaScript and try again. Question 2:What Uses may use valet parking? Would a "riprap" wall be considered the same as a "seawall"? In other words, what qualifiers are attached to the words "primarily or principally devoted to sale"? Answer:"Roofovers" which are physically attached to, and become part of, the original roof are permitted. The DSO prohibits backing out onto a rightofway, so should we not count those spaces when computing required spaces? 22-07, adopted March 1, 2022. These uses would not account for the principal dollars with the primary use being the nursery. Find the best offers for Properties for rent in Palm Coast. Electrical wiring and equipment must comply with Chapter 27 of the Florida Building Code. Answer:Yes. 68.305. Exceptions: Marginal docks must be setback min. okaloosa county setback requirements. No. The trend is towards integrated facilities (one stop shopping). from the principal building. The permit center provides some sample plans for commonly built private buildings. Environmental Engineering 239-274-2200 LeeCHDEEFeedback@flhealth.gov Fax. Answer:Hunting is an unregulated (by this Code) use of land which is not prohibited in the EC District. Does this mean that a "plant nursery" must be shielded? The definition was originally adopted in the Planned Development Ordinance and was incorporated into the Zoning Ordinance. 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. If strictly an office without a fleet of vehicles, use Section 34-2020(2)j. 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. Question 1: (XXII)Recently, for security purposes, there has been an interest in allowing fences around developments (such as Mobile Home Parks) to include 2 or 3 strands of barbed wire atop a 67 foot high fence. Answer:No. Answer:No. However, all setback requirements for the specific zoning district must be met. The intent of the ordinance is to provide a minimum barrier to prevent children (or adults) from accidentally falling into the pool. Boats are defined in part as any vessel, watercraft, or other artificial contrivance used, or which is capable of being used, as a means of transportation, on waters of Lee County, Florida, including: 4. ARTICLE VII DIVISION 30 PROPERTY DEVELOPMENT REGULATIONS Subdivision III. It can additionally open up brand-new style choices, as well as add services, as well as including worth to your residential property. 239-274-2201 Mailing Address. If a "Place of Worship" wants to add a "Day Care Center" does it require a Special Exception? 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. Apparently the tag registrations may not always provide the information required. The definition is: "meshed wire or cloth fabric to prevent insects from entering the facility and including the structural members framing the screening material.". Can an individual obtain an occupational license for a day care on church property or must the church itself obtain the occupational license? Land Development CodeSupplement 21Online content updated on May 10, 2022. 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. Answer:Yes. Under Florida law, adjoining landowners are under no legal obligation to erect fences dividing their land. Section 34-3275 Commercial or industrial useQuestion: (I-XVIII)An applicant owns three small contiguous lots which were platted around 1925. Therefore, if a Place of Worship is running the activity, it would be permitted within their own facilities. 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? However, this particular question was recently addressed by the Board of County Commissioners. For more information, please call (239) 533-6000 or visit Lee County Tax Collector for help in creating a checklist of requirements and necessary documents. The definition of marina refers to the term "boats." Answer:No. Tallahassee, FL 32399-1710. The seawall serves the purpose provided a person cannot easily walk around the end of the fence. Answer:Section 34-2011(b) addresses existing developments. Also, Section 34-1955(c) allows for sales to be conducted in a main sales office located on or off the premises. 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. Search for an Elevation Certificate Online, Lee CountyBoard of Adjustment and Appeals, State Contractor Registration & Authorized Signers, Landscaping Requirements/ Preserve Management, Lee Concurrence for Letters of Map Correction, 50% Rule: Substantial Improvement/Substantial Damage, Public Safety (Emergency Management) (EMS), Article II Division 3 Section 10-174(6) - Limited Reviews, Article I - In General Section 34-2 Definitions, Section 34-622 Use Activity Groups General Questions - Not Section Specific, Section 34-622(c)(9) Contractors & Builders, Section 34-622(c)(13) Essential Service Facilities, Article VI Division 2 Agricultural Districts, Section 34-654 Property Development Regulations Table, Article VI Division 3 Residential Districts Subdivision II, Subdivision III Multiple Family Districts, Subdivision IV Mobile Home Residential Districts, Section 34-736 Property Development regulations table, Article VI Division 4 Recreational Vehicle Park Districts Subdivision II Conventional Recreational Vehicle Districts, Article VI Division 6 Commercial Districts Section 34-843 Use regulations table, Article VI Division 7 Marine-Oriented Districts, Section 34-874 Property development regulations table, Article VI Division 8 Industrial Districts, Article VI Division 9 Planned Development Districts, Article VI Division 10 Special Purpose Districts Subdivision II Environmentally Critical District, Article VII Supplementary District Regulations Division 2 Accessory Uses Buildings and Structures, Section 34-1176 Swimming pools, tennis courts, decks & similar recreational facilities, Article VII Division 3 Adult Entertainment, Bookstores & Massage Parlors, Article VII Division 5 Alcoholic Beverages, Article VII Division 12 Density Subdivision II Residential Development, Article VII Division 15 Excavation Activities Subdivision I Generally, Article VII Division 17 Fences, Walls, Gates & Gatehouses, Section 34-1744 Location and Height of Fences & Walls, Section 34-1748 Enclosure of High-voltage Transformers & Other Utility Equipment, Article VII Division 18 Home Occupations, Article VII Division 24 Model Homes , Units & Display Centers, Section 34-2015 Location & Design generally Valet Parking, Section 34-2016 Dimensional Requirements; Delineation of Parking Spaces, Section 34-2018 Joint Use of Off-Street Parking Lots, Section 34-2019 Other Use of Off-Street Parking Lots, Article VII Division 27 Places of Worship & Religious Facilities, Article VII Division 30 Property Development Regulations Subdivision III 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, Article VII Division 36 Storage Facilities & Outdoor Display of Merchandise, Article VII Division 37 Subordinate & Temporary Uses, Article VIII Nonconformities Division I Generally, Article VIII Division 3 Nonconforming Buildings & Use of Buildings, Article VIII Division 4 Nonconforming Lots, Section 34-3275 Commercial or Industrial Use, Single Family Determination in Lieu of Variance or Rezoning (11/09/1988), Return to Land Development Code home page, Dwelling Unit Types: Mobile Home and Building, Conventional, Section 34-412 Deviations from General Zoning Regulations, Section 34-616 Rules for Interpretation of District Boundaries, One and Two Family Residential DistrictsSection 34-694 Use Regulations Table, Section 34-735 Use regulations table (Mobile Homes), Section 34-792 Property development regulations table, Section 34-1174 Location and Setbacks generally, Section 34-1771 Permitted Uses; Operation, Section 34-2011 Applicability of Division, Section 34-3204 Mobile Home & Recreational Vehicle Unit Replacements & RoofRepairs, Section 34-3241 Nonconforming Buildings & Structures, Section 34-3272 Lot of Record Defined; General Development Standards. 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. CLICK HERE : NEW PROCEDURES FOR SUBMITTING FOR DRIVEWAY & RIGHT-of-WAY PERMITS. Answer:No. Answer:Yes. ARTICLE VII DIVISION 35 SPORTS/AMUSEMENT PARKS AND RECREATIONAL FACILITIES SECTION 34-2478 ParkingQuestion: (I-XVIII)Section 34-2478 indicates that the Board of County Commissioners may allow up to fifty (50) percent of the required parking to be met offsite if certain provisions are met. "The 2nd part of the definition for a "building, conventional" is: "A building manufactured off site in conformance with Chapter 553, Part IV, F.S. Answer:Yes, [if part of a Final Development Order.] 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. Answer:The term "or beverages" was included for the reason you indicate to cover "juice bars, soda fountains, and other similar establishments." 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. 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." 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. SECTION 34-622(c)(9) Contractors & BuildersQuestion: (I-XVIII)Section 34-622(c)(9) Contractors & Builders Group II allows light fabrication work. Question: (I-XVIII)In the CI (Intensive Commercial) district MiniWarehouses are a permitted use. Answer:The key word here is public entrance or exit. ARTICLE VI DIVISION 6 COMMERCIAL DISTRICTS SECTION 34-843 Use regulations table. Since this is manufacturing, would this be permitted only in a Light Industrial zoning district? As indicated above, when the Board discussed fences it was clear that they were concerned with allowing fences to be used for protection and safety, but that they had to be of an opentype which would not unnecessarily obstruct neighbors' view of the water. The private street setback is intended only for those streets which are privately owned and privately maintained. Answer: Answer:Pool decks and other accessory structures or buildings are subject to the same regulations concerning height as the principal buildings (see Sections 34-2171 - 34-2175), unless specifically stated otherwise. 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. Answer:Yes. If the deck is part of the pool, you measure to the deck. Answer:Yes. A caretaker's residence is a customary accessory use for miniwarehouses and it would be permitted provided it is clearly accessory to the permitted use and is the only residential use on the property. A private stable (defined) is clearly an accessory use for the occupants of the premises and cannot be built prior to the principal residence. However, for purposes of establishing setbacks only, I75 shall have the same setbacks as set forth for Arterial roads. SECTION 34-736 Property development regulations table Any street which is dedicated to the public OR which is maintained by the County is subject to setback regulations for local streets.Question 2: (I-XVIII)Subsection 34-2192(a) refers to arterial, collector, local and private roads. Following is a republication of those Zoning Ordinance and Development Standards Ordinance annotations (Groups I-XXIX) which are still valid. 4052 Bald Cypress Way, Bin A-08. What is Valet Parking? Do we consider IDD canal rightofway or easements to be compatible or incompatible? 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. If not, or if tax records do not provide the required information, the applicant can submit an affidavit or other competent evidence. Question 2: (I-XVIII)Section 34-3241(b)(2) allows reconstruction of nonconforming structures damaged by fire or other natural forces. . Answer:Section 34-935(b) supersedes Section 34-1174. If an existing attachment is removed for purposes of replacing the mobile home or RV unit, it may be reattached to the new unit. We specialize in aluminum, chain link, vinyl, andwood fencingsystems. Do tax records, tag registrations, etc. 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. Answer:Yes. Landscaping can be a lot of fun. Section 34-1172 specifically states that the definition for "openmesh screen" only applies to that section. 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. The definition also indicates that it must be part of the development site. Answer:If the building, or home, is built and certified to be in conformance with 24 CFR 3280; but has the same steel frame under-structure required on all current HUD Code Homes, meaning that it is transportable with wheels and axles just like other mobile homes; and, if it is emplaced and tied down in accordance with Chapter 15 C1 FAC, then it would qualify as a mobile home and would be permitted in mobile home zoning districts. 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. Section 34-935(b) is one of these instances where a specific regulation exists which supersedes Section 34-1174.Question 6: (I-XVIII)If a barn or stable is constructed on agriculturally zoned property before a residence, and then a residence is built, is the residence an accessory or principal use and which regulations would apply? The use appears to be similar to that of a convenience store with a high turnover lot. Normally those activities are ancillary to some permitted use. However, actual drainage canals such as the I.D.D. However, the dictionary defines "primary" as "of first rank, importance, or value.". (3) Any required side yard setback. Setbacks for riprap shall be measured from the most landward point of the riprap to the nearest point of the building or structure.Question 3: (XIX)What is the setback requirement for a Boathouse? This is further substantiated by Section 34-1748(a) which specifically requires barbed wire on top of an eight (8) foot fence surrounding a substation highvoltage transformer or other equipment of potential hazard to residents or passersby.Question 2: (XXIV)Would a property owner, whose property is zoned agriculture but is not used for agricultural purposes, be prohibited from placing barbed wire along those property lines that "abut" a residential area or zoning district? If a zero-lot line unit is proposed, a single 5-foot side yard is required. Answer:No, the Division of Alcoholic Beverages and Tobacco require a restaurant and/or bar or lounge, which contains this type of facility, to have two licenses. "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. This type pump should not be confused with "selfservice fuel pumps" which are available to the general public. City of Orlando - Setback Requirements Sec. Uses such as theaters, arenas, cruise ships, stadiums, etc. Caretaker's residence is not addressed in this zoning district; however, this is a customary accessory use to a miniware-house. 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. R309.4 Carports Answer:Yes. Although Group V "Construction Equipment" may also be an appropriate grouping, it is primarily intended for large equipment and would be too restrictive. Compulsory School Attendance would be classified as a "School, NonCommercial." In this case, the potential impact of the recreational park on surrounding land uses and the infrastructure of the area warrants that the project be properly reviewed as a recreational vehicle park. Which regulation is correct? A church would like to provide RV facilities on their property for use of the church members. When you add onehalf of adjacent rightsofway you will come very close to the one acre requirement. This created an unfair situation for property owners electing to set their residence further back from the street than required by the minimum setback. Doesn't this also apply to a principal structure? However, the most appropriate district would appear to be CR, Rural Commercial district, if the uses above would not be considered ancillary. delray beach setback requirements Noend Tatical Documentao para posse e porte de arma de fogo. What does this mean? require a parking block to be 2 feet from the end of the parking space. Community Development. Answer:Compatible or incompatible to what? AskEH@flhealth.gov. A review of the permitted uses will also show that bulk storage of petroleum is not a permitted use. Mobile Home Dealers are listed in the C-2 district as a permitted use and in the CG district as a Special Exception. 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. Answer:Package plants, constructed for an individual project and located on the same premises, were intended to be treated as an accessory use subject to the Land Development Code. Packaging or repackaging of materials which does not chemically or physically alter the composition of an item is permitted under "Processing and Warehousing." 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? Return to Table of Contents, ARTICLE I - IN GENERAL SECTION 34-2 DEFINITIONS. 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? The Board of County Commissioners may allow deviations. How would I75 be classified? Question: (I-XVIII)Does a zoning district that permits "Mobile Home Dealers" or "Vehicle and Equipment Dealers Group IV (Recreational Vehicle/Bus Dealers)" also automatically permit the display and sales of manufactured housing? The DSO prohibits backing out onto a rightofway, so should we not count those spaces computing. 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