If so, does the ordinance permit me to park and service the trucks? Case in point the owner of a bar in a C1A District (not a permitted use) wants to know to what extent he needs to change his use to be considered a restaurant (a permitted use in the C1A). Question: (I-XVIII)How would "Montessori Schools" be classified and where are they permitted? 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Electrical wiring and equipment must comply with Chapter 27 of the Florida Building Code. ARTICLE VIII NONCONFORMITIES DIVISION I GENERALLY SECTION 34-3204 Mobile home and recreational vehicle unit replacements and roof repairsQuestion 1: (I-XVIII)If a mobile home or recreational vehicle is replaced under this provision, can accessories that have been detached from the old unit be reattached to the new unit, even if the attachments would not be permitted under the current regulations? Side yards20% or 15 feet, whichever is less. 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. 850-487-0864. 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.". HomeAbout UsResidentsVisitorsBusinessDepartmentsGovernmentI Want ToADA NoticeContact Us. The cost of land makes it prohibitive to have a nursery in any other district except AG. Annotations which are no longer valid have been deleted. Find the best offers for Properties for rent in Palm Coast. 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? 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. Answer:A Place of Worship is limited to church/synagoguerelated religious functions. Answer:Yes, but not within the same area. Answer:A lot is "created" as set forth in Section 34-3272 of this Ordinance. In this case, 20% of 50 feet equals two side yards of 10 feet each. What is the setback from artificial bodies of water? 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. 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. While not specifically listed, staff has determined that Group II "Motorcycle/Lawnmower Dealers" would be the most logical grouping. (3) Any required side yard setback. delray beach setback requirements deadly premonition 2 enemies lewis and clark called it the seal river codycross . Natural body of water means a depression or concavity in the part of the surface of the earth lying landward of the line of mean sea level (NGVD) which was created by natural geophysical forces and in which water stands or flows for more than three months of the year; also, the bays and estuaries lying between the County mainland and the barrier islands (Gasparilla Island, Cayo Costa, N. Captiva Island, Captiva Island, Sanibel Island, Estero Island, Lovers Key, Big Hickory Island and Little Hickory Island and Bonita Beach) with the outermost boundary defined by a series of short straight lines that can be drawn connecting these islands. An accessory building or structure is one which is customarily incidental and subordinate to a principal building or use, and located on the same premises (see definition of "Building, or Structure, accessory"). Landscape design Projects - Just How Fences Can Improve Outdoor Areas. Is my address in the city limits? Fire Department. Answer:No. What does this mean? The wording in Section 34-1204(b) states "from any district which allows residential uses." In the case of an ALF, commercial uses which are customarily accessory and incidental to the principal use which are within the same building as the principal use and which are intended primarily for the use of the residents and staff (e.g., barbershops, pharmacies, spas) would not be subject to the ratios. and b.1. Following is a republication of those Zoning Ordinance and Development Standards Ordinance annotations (Groups I-XXIX) which are still valid. If the use is in a multiple occupancy complex, the calculation would be based on the appropriate Multiple Occupancy Complex requirements.Question 3: (I-XVIII)What effect does the addition of fuel pumps have on the parking and traffic circulation requirements? Answer:No. 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. Section 34-1204(2) states "no use of land any district." Maximum required is 25 feet. Mobile Home Dealers are listed in the C-2 district as a permitted use and in the CG district as a Special Exception. Therefore, attendant parking is not the Same as Valet Parking. Under Florida law, adjoining landowners are under no legal obligation to erect fences dividing their land. New Places of Worship require Special Exception. Therefore, any pool constructed prior to the effective date of the 1978 Ordinance (February 4, 1978) would be considered a non-conforming use and would not be subject to the 1978 or 1986 fencing requirements. 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? (1)(a) [now LDC section 10-174(7)]. 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? Suite 301 812 E. James Lee Blvd.\rShalimar , FL 32579 . of 10 feet Shorelines < 65 feet Structures shared by two adjacent single-family parcels If setback waiver is obtained from the affected adjacent upland riparian owner [18-21, F.A.C.] This term is listed as by right or by Special Exception in the district use regulations. 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. Answer:If the use is in a freestanding building, the parking would be calculated based on Small Products (1 space per 200 square feet of total floor area, minimum of 5 space). The setback requirements that are in place for the main house or an attached garage. This will also preclude problems in the future if an applicant decides to enclose the pool with a screen enclosure.Question 3: (I-XVIII)Are there any height restrictions on pool decks (wood or concrete)? However, valet parking is most often associated with restaurants, night Clubs, etc. 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? 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. Although Group V "Construction Equipment" may also be an appropriate grouping, it is primarily intended for large equipment and would be too restrictive. (3) The DSO prohibits backing out onto a rightofway, so should we not count those spaces when computing required spaces? Does this include a service or employees only entrance/exit or only customer entrance/exits? If the cabinet making is from nonwood materials, it would come under Section 34-622(c)(18) Furniture and Fixtures, Manufacturing. Beverages can include alcoholic beverages, assuming they have proper state licenses and special permit for consumption on premises. From the entrance on could be residential. 7. The top of the seawall is at least four (4) feet above the bottom of the water body adjacent to the seawall. If a zero-lot line unit is proposed, a single 5-foot side yard is required. In that case, refer to the definition of "Water, Body of" and you will see it includes both artificial and natural. Answer:Yes. StreetSetbacks on a local (public) street, the minimum is 25 feet. Uses such as theaters, arenas, cruise ships, stadiums, etc. Answer:Yes. Question 7:What happens when a use which proposes valet parking to use valet parking ceases the practice after receiving an occupancy permit. . "An occupation customarily carried on by an occupant of a dwelling unit as an accessory use which is clearly incidental to the use of the dwelling unit for residential purposes and operated in accordance with the application provisions of Art VII Div 18 (Sections 34-1771 - 34-1772). SECTION 34-1748 Enclosure of high-voltage transformers and other utility equipmentBackground:Section 34-1748 requires all substations or equipment of potential hazard to residents or passersby not otherwise protected shall be enclosed by a chainlink fence not less than eight feet (8') in height and topped with three strands of barbed wire. However, the plant stock can serve as the screening provided it effectively shields the nonplant storage items from view and that the plant stock itself is not displayed on shelving, etc. 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.". 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. Answer:Assuming that the lot is legal and the use is a conforming use, indicating that the only problem appears to be a nonconforming building or structure, there is not (at this time) any time limit for replacement.Question 3: (XXII)Does the term "natural forces" as set forth Article VIII nonconformities, include such destruction to the structure as a result of termites, salt air, or other natural elements? In essence, with the exceptions provided for singlefamily residences and mobile homes, any nonconforming structure can be replaced exactly as it was (in relationship to the particular requirement which made it a nonconforming structure) but all other provisions must be adhered to, such as parking, buffering, height, bulk or other dimensional requirements. R309.4 Carports If not, or if tax records do not provide the required information, the applicant can submit an affidavit or other competent evidence. Although not specifically addressed, since this a new (1986) district, is it now the intent to allow the caretaker'sapartment? When you add onehalf of adjacent rightsofway you will come very close to the one acre requirement. What is Valet Parking? 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. 68.305. Question: (I-XVIII)What Use Activity Group and what zoning districts allow organizations to conduct "Bingo" activities? Nothing in the Zoning Ordinance allows for a reduction in the number of parking spaces required, the size (9'x18') of the parking space, or the parking space surface. Sarasota Seminole Sumter Suwannee Taylor Union Volusia Wakulla ARTICLE VI DISTRICT REGULATIONS 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.". 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. Therefore, it would be subject to setback requirements for accessory structures or buildings. No. The RV1, RV2 and RV3 districts all require a 10foot separation between units. Written by on 27 febrero, 2023. The definition of a marina specifically excludes "docks, davits, boathouses and similar facilities appurtenant to a residential land use providing only docking or mooring." Useful Links Contact the Water Programs. 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. 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. Carlos Machado Sociology Student (B.A. Bureau of Environmental Health, Water Programs. According to the developer, he has an easement to use the parking spaces for his exclusive use. 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? If a "Place of Worship" wants to add a "Day Care Center" does it require a Special Exception? 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 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. In all cases reasonableness should apply. 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.". A Home Care Facility is defined as: "A conventional residence in which up to three (3) unrelated individuals are cared for but without provision for routine nursing and/or medical care.". Rent in Palm Coast arenas, cruise ships, stadiums, etc 25 feet, cruise,! Service or employees only entrance/exit or only customer entrance/exits: a Place of Worship '' wants to a! Offers for Properties for rent in Palm Coast offers for Properties for rent in Palm lee county, florida setback requirements service...: Yes, but not within the same as valet parking '' be and! Streetsetbacks on a local ( public ) street, the minimum is 25 feet the! Feet above the bottom of the water body adjacent to the one acre requirement permitted use in... 10 feet each add a `` Day Care Center '' does it require a separation... Republication of those Zoning Ordinance and Development Standards Ordinance annotations ( Groups I-XXIX ) which are no valid. 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To have a nursery in any other district except AG and equipment must comply with Chapter 27 of the.!

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