These uses would not account for the principal dollars with the primary use being the nursery. 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. 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? Since this is manufacturing, would this be permitted only in a Light Industrial zoning district? 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. Unless there is a building code or fire regulation to the contrary, a pool, tennis court or other recreational facility may be located as close to the other buildings as desired by the applicant, as long as the buildings are under the same ownership and on the same premises.Question 2: (I-XVIII)When a fence is used in lieu of an enclosure around a pool, is the setback measured to the pool deck or to the edge of the pool water? Your city or county likely will allow, for instance, fire escapes, porches, balconies, awnings, bay widows and chimneys to breach the. Answer:No. Question: (I-XVIII)Can an existing marina in a C1-A, C1, C-2, C-2A, CG, or CT district be expanded? Is it included so that establishments which are akin to a "juice bar" or a "soda fountain" would be included within that definition? New Places of Worship require Special Exception. Can an individual obtain an occupational license for a day care on church property or must the church itself obtain the occupational license? 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. Answer:No. Answer:No. 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. Does the developer have to apply for a Special Exception? 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. However, if the establishment stores a fleet of trucks, special vehicles, etc., and does not normally generate customer traffic, then you can use Section 34-2020(3)c.Question 2: (I-XVIII)Food preparation and delivery services (i.e., Domino's Pizza) are becoming more common and are not specifically addressed by definition or in the use groups. The lot sizes required in Section 34-654 do not include street rightsofway. 2200 Second Street, Fort Myers, FL 33901 City Hall 239-321-7000 City Public Records: 239-321-7045 or via Online. Was this an oversight or can the lot depth vary, so long as the total lot area is met? SECTION 34-616 Rules for interpretation of district boundariesQuestion:How would the development regulations apply, in instances where a lot is split by two or more zoning districts? However, this does not authorize the location of a use in a district where that use is not either a permitted principal use or accessory use. Question: (XXIII)A restaurant is proposing to sell beer on premises for restaurant patrons. 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.". Question 1: (I-XVIII)Section 34-735 allows "Park Trailers" by right in the MH-2 district. 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? Answer:Sprayirrigation disposal would be an Essential Service Facility Group II unless it is located on the same premises as the sewage disposal plant or package plant. Compulsory School Attendance would be classified as a "School, NonCommercial." Also, retention ponds are addressed under Section 34-1651(b) Excavation for purpose of water retention.Question 2: (XXV)Can excavated materials be moved from an abutting parcel or parcels to another abutting parcel (all under the same ownership) for use in road construction? . 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. Answer:No. I still need what the Florida Res. Section 34-3275 Commercial or industrial useQuestion: (I-XVIII)An applicant owns three small contiguous lots which were platted around 1925. The RV1, RV2 and RV3 districts all require a 10foot separation between units. A manufactured housing unit is considered a conventional building and is defined "Building Conventional." 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. 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. Doesn't this also apply to a principal structure? Therefore, attendant parking is not the Same as Valet Parking. In some cases old annotations have been modified to reflect ordinance amendments but the intent of the original annotation has not been changed. Setback requirements for main buildings are different from setbacks for detached accessory structures. Answer:Compatible or incompatible to what? Answer:No. Contact your local Florida Forest field unit for setback requirements. The private street setback is intended only for those streets which are privately owned and privately maintained. 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. 850-487-0864. The second paragraph of Section 34-3241(B)(2) exempts lawfully existing singlefamily residences and mobile homes from the above concerns by allowing replacement (if the new unit is no larger in area, width and depth than the unit being replaced) in the exact location of the original. The ordinance also states that the height shall be measured from the ground level outside of the area so enclosed. Contact the Water Programs. RearSetback: 1/2 times (depth of the lot less the street setback), but not less than 5 feet or more than 25 feet. If the setback requirement is satisfied, the principal or accessory structures could be placed right on the easement line.Question 3: (I-XVIII)Section 34-1174(b) states that "no accessory use, building, or structure shall be located closer to a street rightofway line or street easement than the principal building, except as provided for in Section 34-2192 or as set forth herein. 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. Fire Department. 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? The owner wishes to sell them individually and believes that Section 34-3275 exempts him from needing variances from the IL lot requirements. If the property fronts on a sea walled body of water, can the seawall act as the barrier to prevent unauthorized access to the pool? Therefore, if a Place of Worship is running the activity, it would be permitted within their own facilities. 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. ARTICLE VII DIVISION 30 PROPERTY DEVELOPMENT REGULATIONS Subdivision III. Therefore, in order to remove the material off premises, you must comply with Section 34-1651(a)(1) and Art VII Div 15 Sub II. Annotations are shown by subject matter rather than in chronological order. Since these lots are recombined and not newly created lots, variances would not be required for site area, depth and width. 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. AskEH@flhealth.gov. Answer:Unless there are sufficient parking spaces which comply with the Zoning regulations, the facility would be in violation of the 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. Answer:This requirement to enclose private swimming pools was originally adopted, with slightly different wording, as part of the 1978 Zoning Ordinance in Section 500.14.D which stated: a. Is this a permitted use? What is Valet Parking? Landscaping can be a lot of fun. 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? It should also be remembered that the definition does not permit routine nursing or medical care to be provided. Answer:Yes. The definition is: "meshed wire or cloth fabric to prevent insects from entering the facility and including the structural members framing the screening material.". 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. Answer: 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. This group includes the most potentially obnoxious industrial uses. ARTICLE VIII DIVISION 3. Does that definition apply when used in Section 34-1741 - 34-1750 Fences, Walls, Gates, and Gatehouses? Bureau of Environmental Health, Water Programs. Section 34-1204(2) states "no use of land any district." 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. Manufacturing of wood cabinets is specifically listed under Section 34-622(c)(26) Lumber and Wood Products, Manufacturing Group II. 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. 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. 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? 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. Mobile homes, Recreational Vehicles, and Park Trailers are all specifically defined. ARTICLE VII SUPPLEMENTARY DISTRICT REGULATIONS DIVISION 2 ACCESSORY USES, BUILDINGS AND STRUCTURES SECTION 34-1174 Location and setbacks generallyQuestion 1: (XX)The Zoning Ordinance previously contained a provision which permitted gasoline or other fueldispensing structures to be set back only 15 feet from the street rightofway. 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:Park Model units (synonymous with Park Trailers) are permitted in the MH2 district only. This situation would likely occur only for lots which are created by deed between January 28, 1983, and December 21, 1984. The definition of "Place of Worship" includes "church/synagogue ministries involving classes for 100 or less children during the week, and other church/synagogue sponsored functions, which do not exceed the occupancy limits of the building.". 21) This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. Answer:Yes. "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. Find Us On Social Media: Pools built after February 4, 1978 and prior to August 1, 1986 would be subject to the 1978 regulations. Activities That Do NOT Require a Burn Authorization. Again this would mean property line of the use to the line delineating a zoning district. Employment. 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. "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. Answer:No, provided that the "Day Care Center" is sponsored by a church/synagogue within its own structure(s). Because of the wording of the section, i.e., "barbed wire, spire tips, sharp objects or" the intent was and remains to prohibit these dangerous types of fences except where specifically stated to the contrary. (1)(a) [now LDC section 10-174(7)]. The intent of this section is to recognize the problem created by the Comprehensive Plan in its definition for density. Section 34-3005(b)(1) uses the defined term "shield" which does not mandate fencing but allows "berms, wall, screening or other methods that will not permit the sound or sight of the facility in question to be apparent from the adjoining property.". However, all setbacks must also be complied with. 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? 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. In the past, they were considered accessory uses to a permitted use. 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