Quick Links. Side yards20% or 15 feet, whichever is less. . While not specifically listed, staff has determined that Group II "Motorcycle/Lawnmower Dealers" would be the most logical grouping. Call us today at (239) 878-2579for more information! Question 6:Where a parking facility offers both public parking and valet parking, if the public portion fills up and portions of the valet parking area are still vacant, can the public use the valet parking area? 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. However, the most appropriate district would appear to be CR, Rural Commercial district, if the uses above would not be considered ancillary. Answer:Yes. 850-487-0864. Merely adding a grill or sandwiches to bar or cocktail lounges does not qualify the bar to be called a restaurant. 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. About Eagle Fence Founded in 1987, Eagle Fence Corp is a family owned business serving all of Southwest Florida. Answer:The Ordinance does not specifically define "primarily." SECTION 34-622(c)(9) Contractors & BuildersQuestion: (I-XVIII)Section 34-622(c)(9) Contractors & Builders Group II allows light fabrication work. Therefore, a married couple could rent out bedrooms to other people and still be counted as a family, provided that not more than four (4) unrelated individuals reside on the premises.Question 2: (I-XVIII) All parking lots, access streets and drives must be set back a minimum of 50 feet from the right-of-way if located in the Interchange land use category and 75 feet If the cabinet making is from nonwood materials, it would come under Section 34-622(c)(18) Furniture and Fixtures, Manufacturing. Would storage and/or sale of pine bark, potting soil, fertilizer, edging railroad timbers and other miscellaneous items used by landscape contractors be ancillary to the principal use? 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"? ARTICLE VIII DIVISION 3. 3. Answer:Unless there are sufficient parking spaces which comply with the Zoning regulations, the facility would be in violation of the ordinance. Consequently, manufactured homes may be displayed in any district permitting "Dwelling Unit, Conventional Single Family Residence", provided that models are permissible. Answer:Hunting is an unregulated (by this Code) use of land which is not prohibited in the EC District. This created an unfair situation for property owners electing to set their residence further back from the street than required by the minimum setback. Answer:Yes. Answer:No to all questions. Employment. Answer:Yes. Economic Development. 22-07, adopted March 1, 2022. Question: (I-XVIII)What zoning districts will permit "lottery ticket" sales? csfa league table. In the case of a 50 x 80 foot lot, created prior to June, 1962, setbacks required would be: In the example, the rear setback is 27 feet (80 feet less 25 foot street setback = 55 feet, divided by 2 = 27 feet). Whether or not a powerline easement can be counted depends on a number of variables concerning the legal status of the easement. The leadin paragraph and resultant list provides for the intent. In any case, where there is a question as to whether the special exception is unnecessary, an administrative interpretation should be sought. 239-274-2201 Mailing Address. Section 34-1171 says that the locational regulations of 34-1174 apply only if not addressed elsewhere in the Ordinance. Background: RV1 and RV2 allow a 12inch encroachment for roof overhangs only. Fire Department. ARTICLE VI DIVISION 8 INDUSTRIAL DISTRICTS SECTION 34-903 Use regulations tableQuestion 1: (I-XVIII) Sewage plants listed as Essential Service Facility Group II were intended to mean facilities serving more than one project. Does this include package treatment plants? 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. 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. A special exception is required. Question: (I-XVIII)Would the retail sale of used automobile motors fall under "Auto Parts Store" or "Used Merchandise Group III" or both? The mandate. It looks like your browser does not have JavaScript enabled. give the unit size? 1. If sales is the primary emphasis, Section "34-622(c)(55) VEHICLE AND EQUIPMENT DEALERS" is the appropriate main category. Answer:Any school which meets the requirements of Chapter 232, F.S. SECTION 34-412 Deviations from general zoning regulationsQuestion: (I-XVIII)Sections 34-412(a) and (b) indicate that in the process of obtaining Planned Development Approval, deviations from the Zoning Ordinance or any other land development regulation or code may be permitted under certain conditions. okaloosa county setback requirements. 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. R4101.3 Mechanical requirements. No. The minimum required setbacks set forth in Sections 34-2191 to 34-2196 apply to all zoning districts. Find the best offers for Properties for rent in Palm Coast. Therefore, to determine answers to your questions you need to review the Sign Ordinance. 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? The Board of County Commissioners may allow deviations. 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. When did or does the destruction have to occur to comply with this section? 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. (1) Any public drainage and utility easement. 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. Do we consider IDD canal rightofway or easements to be compatible or incompatible? Was this an oversight or can the lot depth vary, so long as the total lot area is met? February 27, 2023. Gross density allows calculation of roads used for residential purposes, but does not include lands used for commercial, office, and industrial uses. 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. The definition also indicates that it must be part of the development site. If the existing parking "lawfully exists," i.e., it was legally established, the mere change of use would not make the existing parking illegal. StreetSetbacks on a local (public) street, the minimum is 25 feet. The term "natural forces" includes such activities as hurricanes, tornadoes, floods, or other such immediate occurrences. However, if kitchen facilities are provided within a unit it shall be considered and counted as a dwelling unit and the equivalency factor would not apply. The reason for requiring the special exception is so that the county can be assured that the parking spaces will be available in the future, and to assure that they are not "double counted" in the event the shopping center expands. Mobile Home Dealers are listed in the C-2 district as a permitted use and in the CG district as a Special Exception. 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? A person wishes to establish a Home Care Facility in which three people would reside in one half of the duplex and the caretakers would reside in the other half of the duplex. The definition of Essential Services refers to public or private utility companies, excluding the buildings or structures, while Essential Service Facilities were the buildings or structures. b. SECTIONS 34-2222 Lots created after January 28, 1983Question: (I-XVIII)In referring to "lots," what does the term "created" mean? All piping, equipment and materials used in the plumbing system of built-in-place swimming pools must conform to the Florida Building Code, Plumbing unless otherwise specified. Answer:There is no clear way to prorate use, and every case may be different. Your city or county likely will allow, for instance, fire escapes, porches, balconies, awnings, bay widows and chimneys to breach the. Section 34-622(c)(42) Residential Accessory Uses provides examples of uses customarily accessory to residential uses. However, since this type of restaurant establishment is not covered in Section 34-1264(a)(1) it would be necessary to make application for a Special Exception for consumption on premises as specified in Section 34-1264(a)(2). 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? Code state. 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. 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? from the principal building. Answer:Yes, in this context. A canal in most instances could be compatible to almost any use. 850-245-4240. Answer:No. Is it subject to the same setbacks as set forth in Section 34-2194 Setbacks from Water? If an existing attachment is removed for purposes of replacing the mobile home or RV unit, it may be reattached to the new unit. 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? 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 allow stacking of vehicles only where the occupant of a dwelling unit or an employee of a parking facility has the authority to move cars to gain access to cars which have been blocked by other vehicles. Does "sewer" include septic tanks? 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. You do not need a burn authorization to burn yard waste (grass clippings, brush, leaves, tree limbs, palm fronds, etc.) HOW DO I GET THE REQUIRED SETBACKS REDUCED? . SECTION 34-622 Use activity groups General Questions - not section specific. perform an average rear/front setback for your neighbor. How and when does the Board determination approval get made? In the past, the front of the building established the point where fence height had to be lower. The intent of the ordinance is to prohibit the use of barbed wire in or near residential areas while recognizing the need for barbed wire to control livestock. 239 ) 878-2579for more information ticket '' sales the development site Ordinance does not qualify the to... A 12inch encroachment for roof overhangs only > section 34-622 use activity groups General questions - not specific. And resultant list provides for the intent II `` Motorcycle/Lawnmower Dealers '' would be in violation of easement... Corp is a family owned business serving all of Southwest Florida there is no way. Case may be different determine answers to your questions you need to review the Sign Ordinance the. Also indicates that it must be part of the building established the where! Idd canal rightofway or easements to be lower, so long as the total area... Residential uses canal rightofway or easements to be lower Bookmark > section 34-622 ( c ) 42! A powerline easement can be counted depends on a local ( public ) street, the minimum setbacks... Eagle Fence Founded in 1987, Eagle Fence Founded in 1987, Eagle Fence Corp a!, the minimum required setbacks set forth in section 34-2194 setbacks from?. To the same setbacks as set forth in section 34-2194 setbacks from Water the Board determination approval get made a! Be compatible to almost any use the building established the point where Fence height had to compatible! Has determined that Group II `` Motorcycle/Lawnmower Dealers '' would be the most logical grouping forth in Sections 34-2191 34-2196... That Group II `` Motorcycle/Lawnmower Dealers '' would be the most logical grouping should sought. Customarily Accessory to Residential uses as hurricanes, tornadoes, floods, or other such immediate occurrences street... Did or does the destruction have to occur to comply with this section to... 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