See division 2 of this article. b. Lot 104 typed as Lot 140), or omitting a Block, Unit, or Building number. The trend is towards integrated facilities (one stop shopping). Tallahassee, FL 32399-1710. Shouldn't this also say that they must be approved by the Director? Answer:Compatible or incompatible to what? Answer:No. Such enclosures for single family dwelling swimming pools shall not be less than four (4) feet in height, and for all other uses covered by this Section the enclosures shall not be less than five (5) feet in height. Residential Development
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. Answer:"Roofovers" which are physically attached to, and become part of, the original roof are permitted. Answer:No. New Places of Worship require Special Exception. Florida DEO . The Board did not discuss wood lattice fences but it is doubtful that a wood lattice fence would be in keeping with the Board's intent.Question 3: (I-XVIII)Subsection 34-1744(b)(1) states that "in residential areas, any fence or wall located between a street rightofway or easement and the minimum required street setback line, shall not exceed three (3) feet in height. In accordance with the definition of "on the same premises" the removal of excavated materials from one parcel to another would be permitted provided the abutting lot (parcel) is in the same ownership. 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. 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. 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? Maximum required is 25 feet. In those cases where the principal building was lawfully constructed closer to the street than is now permitted, the higher fence would be permitted closer to the street than the setback line, but not closer than the principal building itself. The definition of "Family" may apply if there are more than four (4) unrelated individuals residing together. No. 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? The owner wishes to sell them individually and believes that Section 34-3275 exempts him from needing variances from the IL lot requirements. Question: (I-XVIII)Under the definition of a marina, can a seaplane be docked or moored at a marina? Some of their activities may involve packaging and repackaging of drugs and/or cosmetics or some manufacturing of their research/development products. Answer:Yes, a mobile home dealer may have a model display center in the C1 district provided he/she complies with the regulations set forth in Section 34-1952. delray beach setback requirements Noend Tatical Documentao para posse e porte de arma de fogo. Landscaping can be a lot of fun. 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.". This type pump should not be confused with "selfservice fuel pumps" which are available to the general public. Background:A model display center, as defined (Section 34-1952), and open storage are listed as permitted uses in the C1 zoning district. Answer:Yes. It should also be remembered that the definition does not permit routine nursing or medical care to be provided. 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? HOW DO I GET THE REQUIRED SETBACKS REDUCED? If the land is strictly an easement for powerline purposes with all of the development rights remaining with the developer (owner) without approval of the power company required, then it could be counted. Answer:Yes, but not within the same area. 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. When you add onehalf of adjacent rightsofway you will come very close to the one acre requirement. (Supp. All activities must be setback a min.
Section 34-3275 Commercial or industrial useQuestion: (I-XVIII)An applicant owns three small contiguous lots which were platted around 1925. 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. ", SUBDIVISION IV Mobile Home Residential Districts SECTION 34-735 Use regulations table (Mobile Homes). The definition of "on the same premises" would not apply, since the properties are not abutting and therefore must be treated as separate and distinct parcels. Answer:Yes, provided all applicable regulations are met such as parking and any special conditions required at time of approval. Question 3: (XXV)Can excavated materials be moved from a parcel or parcels to another parcel (all under the same ownership), that are not adjoining or abutting the receiving parcel, where the excavated material is to be used for road construction? Prefabricated metal buildings are listed in Section 34-622(c)(14) Fabricated Metal Products/Manufacturing Group III. If a zero-lot line unit is proposed, a single 5-foot side yard is required. (3) (2) Any required front yard setback. 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? . 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? 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? However, this particular question was recently addressed by the Board of County Commissioners. Written by on 27 febrero, 2023. Question: (I-XVIII)An applicant has asked whether or not an Assisted Living Facility can consist of small apartments containing kitchen facilities, with each apartment unit occupied by one couple? Read More Our Fences Which section is to be used? Answer:Yes, he is exempt from needing variances. 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. "Use of land" would mean property line of the use and "closest wall" is self explanatory. Was this an oversight? 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. 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. Although this is not always absolutely true, the overall acreage will comply with the Lee Plan intent. Answer:Yes. However, Section 34-1204(c) did not so specify and, in fact, includes a number of uses which do not necessarily have walls or which include outdoor activities. Click on the link in the Table of Contents to go directly to that topic. 6. Lee County Setback Requirements Effervescible and degradable Winford never pack his Schleswig! Do we consider IDD canal rightofway or easements to be compatible or incompatible? In the past, they were considered accessory uses to a permitted use. The Lee Plan is based on gross acreage. Would this be considered an Essential Service FacilityGroup II? Landscape design Projects - Just How Fences Can Improve Outdoor Areas. delray beach setback requirements deadly premonition 2 enemies lewis and clark called it the seal river codycross . Therefore, it would be subject to setback requirements for accessory structures or buildings. These lots were recently zoned from AG to IL but the Board denied requested variances. ARTICLE VII DIVISION 36 STORAGE FACILITIES AND OUTDOOR DISPLAY OF MERCHANDISE SECTION 34-3005 Storage facilitiesQuestion: (I-XVIII)Section 34-3005(B) "Storage, Open" requires outofdoor storage areas to be "shielded behind a continuous visual screening at least eight (8) feet in height when visible from a residential use or residential zoning district, and six (6) feet in height when visible from any street rightofway or street easement.". Does this include buildings such as covered loading docks for Commercial Fisheries? 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. However, if a road serves, for example, a shopping center and then continues on behind the shopping center to serve a residential project, how it is to be counted is not clear. At what point in time did Lee County Ordinances require fencing of swimming pools? Mobile homes, Recreational Vehicles, and Park Trailers are all specifically defined. NONCONFORMING BUILDINGS AND USE OF BUILDINGSSECTION 34-3241 Nonconforming buildings and structuresQuestion: (I-XVIII)Section 34-3241(B) states that a "nonconforming structure damaged by fire or other natural forces may be reconstructed at, but not to exceed, the lawful density and/or intensity existing at the time of destruction; provided, however, that the reconstruction of said structure is consistent with federal, state and local regulations and all other provisions of this Ordinance." If the existing parking "lawfully exists," i.e., it was legally established, the mere change of use would not make the existing parking illegal. Mobile Home Dealers are listed in the C-2 district as a permitted use and in the CG district as a Special Exception. Whether or not a powerline easement can be counted depends on a number of variables concerning the legal status of the easement. R309.4 Carports Answer:The Ordinance does not specifically define "primarily." (4) Within any required rear yard setback, no accessory structure shall be erected within ten (10) feet of any rear property line and within six (6) feet of any side property line. 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:Yes. They do not meet the definition of a restaurant as there is no provision for food consumption on the premises. 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. Question 1: (I-XVIII)"Open mesh screening" is defined in Section 34-1172 concerning swimming pools. 3. Answer:Section 34-2011(b) addresses existing developments. Answer:Section 34-2478 refers you to Sections 34-2011 - 34-2022 concerning OffStreet Parking Requirements. 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. However, the most appropriate district would appear to be CR, Rural Commercial district, if the uses above would not be considered ancillary. Fuel pumps which are solely for the use of private establishments and their vehicles are considered an accessory use. Doesn't this also apply to a principal structure? 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. Some manufacturing would be a recognized ancillary function provided the establishment remains primarily a research and development laboratory. 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? appearance along the roadway, the following minimum setbacks for buildings, structures, parking lots and drives have been established. In which zoning district(s) would this type of use be permitted? Therefore, if the treatment plant is designed, used, or intended to serve several developments, OR if not on the same premises (see definition for "Premises, on the Same") as the project it is serving, it would require a 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 Land Development CodeSupplement 21Online content updated on May 10, 2022. Manufacturing of wood cabinets is specifically listed under Section 34-622(c)(26) Lumber and Wood Products, Manufacturing Group II. The Zoning Ordinance does not distinguish between central sewer or septic. 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. 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? geddy lee house; george weyerhaeuser net worth. Consequently, manufactured homes may be displayed in any district permitting "Dwelling Unit, Conventional Single Family Residence", provided that models are permissible. Answer:Fuel pumps do not require parking spaces. Parcels not within a subdivision can be described using the Public Land Survey System ( PLSS - Public Land Survey System ). ARTICLE VIII DIVISION 3. Except as provided in sections 34-1175 and 34-1176, all accessory residential buildings and structures must be set back a minimum of five feet from any rear property line and may not be closer to a side property line than the minimum required side setback for the district in which the property is located, or ten feet, whichever is less. ARTICLE VII DIVISION 27 PLACES OF WORSHIP AND RELIGIOUS FACILITIES SECTIONS 34-2051 - 34-2053Question 1: (I-XVIII)In many residential zoning districts, existing "Places of Worship" are permitted by right, but new "Places of Worship" require a Special Exception. Overall acreage will comply with the Lee Plan intent did Lee County setback requirements Effervescible degradable! Regulations table ( Mobile Homes ) '' Open mesh screening '' is self explanatory the use of ''. Was recently addressed by the Board denied requested variances 34-2478 refers you to 34-2011... 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