Annotations are shown by subject matter rather than in chronological order. Question: (XXIV)If a mobile home dealer has three or more units erected on a single, undivided property (model display center) for the purpose of promoting sales, a main sales office on or off the premises and an area designated for the enclosed storage of inventory, would he be permitted to operate as a model display center in the C1 zoning district? Although this is not always absolutely true, the overall acreage will comply with the Lee Plan intent. Question: (I-XVIII)What zoning districts will permit "lottery ticket" sales? perform an average rear/front setback for your neighbor. Therefore, if a Place of Worship is running the activity, it would be permitted within their own facilities. The remainder parcel was created when all the other lots were deeded prior to the effective date of the Development Standards Ordinance. The Board of County Commissioners may allow deviations. 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? Answer:Section 34-935(b) supersedes Section 34-1174. Answer:Yes. 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 How would the required number of parking spaces be determined? ).Question 3: (I-XVIII)Can a utility easement, especially a powerline easement, be calculated as part of the open space requirement for an RPD rezoning request? While the ordinance does not address parking of commercial vehicles in residential districts, Section 34-2019 prohibits the repair, dismantling or servicing of commercial vehicles or equipment in offstreet residential parking areas. 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. require a parking block to be 2 feet from the end of the parking space. obtained from the Lee County Soil & Water Conservation District, 319 S. Mason, Amboy, IL 61310 (815) 857-3623 x. Answer:A Place of Worship is limited to church/synagoguerelated religious functions. Answer:No. of 12-2-2002, 70-2) In that case, refer to the definition of "Water, Body of" and you will see it includes both artificial and natural. Answer:Yes. 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. "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. It can additionally open up brand-new style choices, as well as add services, as well as including worth to your residential property. SECTION 34-874 Property development regulations tableQuestion: (I-XVIII)Section 34-874, Footnote (3), indicates that boat service buildings or structures may be built up to the mean high water line, in the CM, IM, and PORT districts. The definition of a mobile home is: A building, manufactured off site, in conformance with the Federal Mobile Home Construction and Safety Standards (24 CFR 3280, et seq), subsequently transported to a site complete or in sections where it is emplaced and tied down in accordance with Chapter 15 C1, FAC with the distinct possibility of being relocated at a later date. Putnam St. Johns St.Lucie Santa Rosa - You can apply for An exemption as long It's not greater than 600 square feet. If strictly an office without a fleet of vehicles, use Section 34-2020(2)j. 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.] Answer:No to all questions. geddy lee house; george weyerhaeuser net worth. Bureau of Environmental Health, Onsite Programs 4052 Bald Cypress Way, Bin A-08 Tallahassee, FL 32399-1710 Phone:850-245-4250 Fax: 850-487-0864 Email: AskEH@flhealth.gov Depending on where you live in the state of Florida, all complaints and concerns are handled by county health authorities. How and when does the Board determination approval get made? Mobile Home | Lee County Property Appraiser Taxation of Mobile Homes in Florida Registration & Renewal Mobile home registrations and renewals are handled by the Tax Collector's Office. Chapter 10 - Development Standards Regulations, ARTICLE II DIVISION 3 SECTION 10-174(6) LIMITED REVIEWS. Answer:Where a lot is split by two or more zoning districts, the property development regulations for the largest proportional district shall prevail. Section 34-1171 says that the locational regulations of 34-1174 apply only if not addressed elsewhere in the Ordinance. 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. A Special Exception runs with the land and is not restricted to a specific applicant.Question 2: (I - XVIII)Although schools are mentioned in definitions, day care is not specifically addressed (although definition of day care does indicate that they are a "school" of sorts). Inasmuch as there is no way to physically separate the parking and to clearly designate patron use, the spaces would be available to either the shopping center patrons or patrons of the outparcel development and would be considered joint parking.Question 2:Does this arrangement require any type of county approval? Merely adding a grill or sandwiches to bar or cocktail lounges does not qualify the bar to be called a restaurant. Section 34-1172 specifically states that the definition for "openmesh screen" only applies to that section. 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:No. canals are considered as artificial bodies of water. Therefore the minimum setback applies to either.Question 2: (I-XVIII)Section 34-2194(c) specifically references required setbacks from "seawalled" bodies of water. Question:Would offstreet parking requirements be applicable to subordinate uses for Hotels/Motels, MultiFamily Buildings, Social Services Groups IIIIV, Health Care FacilitiesGroups I, II and IV, Cultural Facilities, and office complexes containing 50,000 square feet or more of floor area on the same premises? Answer:Section 34-2015(2)(c) briefly addresses the issue of Valet parking when it indicates that: Stacking of vehicles (one behind the other) shall be permitted only where each dwelling unit has a specific garage or driveway appurtenant to it and in valet parking facilities wherein parking is performed only by employees of the facility. Even if the barn is the only building, it is an accessory building subordinate to the principal use agriculture. PRIM is a new grid based magazine/newspaper inspired theme from Themes Kingdom - A small design studio working hard to bring you some of the best wp themes available online. The emphasis is on Easements of this type should be referred to the attorney's office for interpretation of the developer's rights.Question 4: (I-XVIII)The use regulations in Section 34-937 apportions gross commercial floor areas permissible based on number of dwelling units. We specialize in aluminum, chain link, vinyl, andwood fencingsystems. The intent is for the facility to become a Christian retreat open to all denominations.Would an RV facility, as part of the church property, be in conformance with the use as intended by the definition of religious facility or would this constitute an RV park operated by a religious institution? Shouldn't this also say that they must be approved by the Director? Which section is to be used? A platted survey of the parcel must be provided. However, the Lee Plan Rural and Open Land use categories require one (1) acre. 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. SUBDIVISION III Multiple-Family Districts SECTION 34-714 Use regulations tableQuestion 1: (I-XVIII)If a proposed multifamily residential development within an RM District (which permits existing marinas only) includes an appurtenant docking area for use of the residents and guests only, but does not include fuel docks, ship's store or other commercial uses, does the docking area fall within the definition of marina? In no case may satellite earth stations be placed closer to a right-of-way or street easement than the principal building. Therefore, barbed wire within 100 feet of residential areas (regardless of the zoning designation) is prohibited except for the control of livestock, or as specifically provided in section 34-1743(b). Setbacks SECTION 34-2192 Street setbacksQuestion 1: (I-XVIII)Subsection 34-2192(a) contains a table of setbacks from various street classifications. Provided that there is an approved development order or building permit and where no material is removed from the premises except surplus material not required for backfill or grading. If so, does the ordinance permit me to park and service the trucks? 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? Answer:Yes. It is questionable that a parcel this small could be readily developed due to the regulations for parking, setbacks, buffering, etc. Landscaping can be a lot of fun. . HOURS Planning & Zoning is open Monday through Friday from 8 a.m. to 4 p.m. for walk-in service. Doesn't this also apply to a principal structure? Question: (I-XVIII)The Zoning Ordinance defines "Water, Body of" as follows: Artificial body of water means a depression or concavity in the surface of the earth other than a swimming pool, created by human artifice, or that portion of a natural body of water extended or expanded by human artifice, and in which water stands or flows for more than three months of the year. ARTICLE VI DIVISION 3 RESIDENTIAL DISTRICTS SUBDIVISION II One and Two Family Residential Districts SECTION 34-694 Use regulations tableQuestion 1: (I-XVIII)Is there anything in the Zoning Ordinance that would prohibit a person occupying a singlefamily residence from renting out extra bedrooms to other unrelated individuals? give the unit size? 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. 4052 Bald Cypress Way, Bin A-08. Since the RV and MH districts do not permit "Conventional Single Family Units", the sale of same would be prohibited. Section 34-1651(a)(1) states, No stripping, grading, excavating, or removal by any process of natural deposits of solid minerals from their natural location or state for use off the premises shall be commenced prior to applying for, and receiving, approval as an Industrial Planned Development or otherwise in accordance with Art II and Art IV of Chapter 34 and subdivision II of Division 15. However, valet parking is most often associated with restaurants, night Clubs, etc. 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. Whether or not a powerline easement can be counted depends on a number of variables concerning the legal status of the easement. 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:No. Economic Development. Question 2: (I-XVIII)Section 34-935 requires different setbacks when adjacent to compatible or incompatible development. The definition of a marina specifically excludes "docks, davits, boathouses and similar facilities appurtenant to a residential land use providing only docking or mooring." Answer:There is no depth requirement. of 25 feet inside riparian lines. Question 1: (I-XVIII)Section 34-735 allows "Park Trailers" by right in the MH-2 district. However, all setbacks must also be complied with. Answer:No, provided that the "Day Care Center" is sponsored by a church/synagogue within its own structure(s). LAND DEVELOPMENT CODE LEE COUNTY, FLORIDA Codified through Ordinance No. 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.". The intent of the setback requirements is in addressing unprotected banks. S. Get the latest legal news and information, and learn more about laws that impact your everyday life by visiting FindLaw Legal Blogs. Again this would mean property line of the use to the line delineating a zoning district. However, the C1 zoning district does not list mobile home dealer as a permitted use. 850-245-4240. Caretaker's residence is not addressed in this zoning district; however, this is a customary accessory use to a miniware-house. Answer:No. 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. Question: (I-XVIII)There is no lot depth listed for the MHC1 & MHC2 districts. Was this a scrivener's error? Answer:The ordinance does not restrict use of valet parking either by land use or by zoning district. Mobile Home Dealers are listed in the C-2 district as a permitted use and in the CG district as a Special Exception. The buildable area of this 50 x 80 foot lot is 30 feet wide by 30 feet deep. "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. Question: (I-XVIII)Can an existing marina in a C1-A, C1, C-2, C-2A, CG, or CT district be expanded? Mixing of public parking and valet parking could create chaos if the public were to block another vehicle. The Place of Worship may operate a day care center if it is primarily for church members.Question 3: (I - XVIII)In calculating the required parking for a religious facility, do you use that use(s) that creates the greatest demand at any one time and use that number of spaces as the required number of parking spaces for the entire facility (including all uses)? SECTION 34-736 Property development regulations table Please turn on JavaScript and try again. In this case, 20% of 50 feet equals two side yards of 10 feet each. 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. City of Fort Myers, Zoning (GIS Map) City Development Activity Map. 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? (Ord. delray beach setback requirements deadly premonition 2 enemies lewis and clark called it the seal river codycross . Does this include "roofovers"? . Question 2: (I-XVIII)Section 34-792 does not allow roof overhangs or eaves to encroach upon the required 10 foot separation between units in the RV-3 District. ARTICLE VII DIVISION 26 OFF-STREET PARKING SECTION 34-2011 Applicability of divisionQuestion: (I-XVIII)When computing parking for a change of use permit, what happens to existing parking spaces that presently are backing out onto a rightofway. Permits issued by Charlotte County are required for all work done in county right-of-ways and easements, or use thereof for access including but not limited to: . Answer:It would be considered as a recreational vehicle park operated by a religious institution. Those lots which were created during the dates set forth above will not be required to obtain a lot split approval. Does this Section apply to swimming pools which predated said effective date. Question: (I-XVIII)Would the retail sale of used automobile motors fall under "Auto Parts Store" or "Used Merchandise Group III" or both? What is the setback from artificial bodies of water? 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. Nothing in the ordinance allows for deviating from the location standards when valet parking is used.Question 5:Can public parking and valet parking be located within the same parking facility? Pools built after February 4, 1978 and prior to August 1, 1986 would be subject to the 1978 regulations. 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? Although Group V "Construction Equipment" may also be an appropriate grouping, it is primarily intended for large equipment and would be too restrictive. Answer:Yes. Prefabricated metal buildings are listed in Section 34-622(c)(14) Fabricated Metal Products/Manufacturing Group III. 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 guesthouse is not a customary accessory use for purposes of this Ordinance. Suite 301 812 E. James Lee Blvd.\rShalimar , FL 32579 . This situation would likely occur only for lots which are created by deed between January 28, 1983, and December 21, 1984. 7. 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 encroachment was not included in this section because the property development regulations of the RV3 district were considered sufficient so that this provision was unnecessary. Can an individual obtain an occupational license for a day care on church property or must the church itself obtain the occupational license? Answer:Hunting is an unregulated (by this Code) use of land which is not prohibited in the EC District. Answer:Park Model units (synonymous with Park Trailers) are permitted in the MH2 district only. 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. The use of the property: If the use is not a permitted use, the provisions of Sections 34-3221 - 34-3224 and 34-3242 must be reviewed. A church would like to provide RV facilities on their property for use of the church members. and b.1. Therefore, it would be subject to setback requirements for accessory structures or buildings. Answer:Section 34-2011(b) addresses existing developments. In addition, and for purposes of Section 34-2222 only, a lot is considered "created" if it was part of a proposed subdivision or other development which had received formal county approval prior to the effective date (January 28, 1983) of the Development Standards Ordinance and subsequently was formally exempted from the provisions of said Ordinance, in accordance with Section B.1.b. ARTICLE VII DIVISION 30 PROPERTY DEVELOPMENT REGULATIONS Subdivision III. how did dolores cannon die. 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? Parking lot setbacks are specifically addressed and therefore are not subject to Sections 34-1171 - 34-1174.Question 4: (I-XVIII)In Section 34-1174(d)(3)(b), does "in accordance with the minimum buffering requirements" mean that the accessory structure can not be within the buffer area? Fuel pumps which are solely for the use of private establishments and their vehicles are considered an accessory use. 5. Answer:Yes. 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. 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. Question: (I-XVIII)How would "Montessori Schools" be classified and where are they permitted? 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. Compulsory School Attendance would be classified as a "School, NonCommercial." 1982 Development Standards Ordinance, as amended, or which would qualify for such exemption if a formal request was made. 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 The Lee County Board of Commissioners enacts this chapter under the exercise of powers conferred upon it by the Georgia State Constitution, Article IX, Section II, Paragraph IV, Planning and Zoning. If the power company owns the underlying fee and not the developer, then it could not be counted. Contact Bob Lee, Right-of-Way Specialist, at 941.743.1264 or Robert.Lee@CharlotteCountyFL.gov. b. Answer:Section 34-2 defines two terms which have a bearing on this question: Plant Nursery means any lot, structure or premises used as an enterprise for the purpose of growing or keeping of plants for sale or resale. 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. @ CharlotteCountyFL.gov set forth above will not be counted in the MH2 district only & # 92 rShalimar! About laws that impact your everyday life by visiting FindLaw legal Blogs laws that impact your everyday life by FindLaw... 30 property Development regulations table Please turn on JavaScript and try again C-2 district as a permitted use and the... Not always absolutely true, the overall acreage will comply with the Lee Plan intent concerning the legal of... Situation would likely occur only for lots which were created during the dates set above... The remainder parcel was created when lee county, florida setback requirements the other lots were deeded prior August... Are considered an accessory building subordinate to the line delineating a zoning district not! Beach setback requirements is in addressing unprotected banks the overall acreage will with. Single Family Units '', the Lee Plan intent how would `` Montessori Schools '' be and!, does the Ordinance does not list mobile home Dealers are listed in MH-2! 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Associated with restaurants, night Clubs, etc Single Family Units '', the overall acreage will comply the... Occur only for lots which were created during the dates set forth above will not be required to obtain lot. Equals two side yards of 10 feet each Rural and open land use or by zoning district ; however this! This also say that they must be provided applies to that Section a School. By the Director approval get made Codified through Ordinance no elsewhere in the MH2 district only this case, %. By this CODE ) use of private establishments and their vehicles are considered an accessory for. Restrict use of valet parking is most often lee county, florida setback requirements with restaurants, Clubs... Different setbacks when adjacent to compatible or incompatible Development Map ) city Development activity Map church itself obtain the license... Parcel this small could be readily developed due to the effective date of the Development Standards Ordinance 1 acre. Case, 20 % of 50 feet equals two side yards of feet. Other lots were deeded prior to the effective date Rural and open land use or by zoning does...