§ 6.01.03. Building setback requirements.

A.

Subject to paragraph B. and any other provisions of this section, no portion of any building may be located on any lot closer to any lot line or to the street right-of-way line than authorized in the table set forth in this section. This will apply to any subdivision that does not have setback modifications approved by the City Commission, and by approval of respective Homeowner's Associations.

Land Use	Front Yard	Side Yard	Rear Yard	Street Side
Single-family	25 ft.	10 ft.	25 ft.	15 ft.
Multifamily (2 to 8 units)	25 ft.	10 ft.	20 ft.	15 ft.
Multifamily (8 units or more)	35 ft.	15 ft.	20 ft.	15 ft.
Commercial	20 ft.	10 ft.	20 ft.	15 ft.
Other uses (same as commercial)	20 ft.	10 ft.	20 ft.	15 ft.

 

1.

Single family setbacks in the overlay districts as described in section 3.08.00 shall be per the applicable overlay requirements.

2.

Roof overhangs for single family land use may project past the setbacks up to 18 inches.

3.

Flexible setback to save trees for single family land use:

a.

In all cases, the justification for a change in a setback requirement must be to save a significant tree, which per the Board's motion to approve this Application is defined as being eight (8) inches in diameter at breast height (DBH) or greater, as demonstrated on a site plan with a tree and topography survey.

b.

Front and rear yard setbacks, currently required to be 25 feet in the front and 25 feet in the rear, shall be allowed to be moved forward or backward 7.5 feet as long as a total of 50 feet total for combined front and rear yard setbacks is maintained.

c.

Side yard setbacks, currently required to be 10 feet on each side, shall be allowed to be moved five feet to either side as long as a total of 20 feet total for combined side yard setbacks is maintained and a minimum of 15 feet is maintained between adjacent structures.

d.

All requests for flexible setbacks to save trees must have the approval of the City's Building Official, the applicable Homeowners Association (if required) and the Comprehensive Planning and Zoning Board.

e.

Flexible setbacks are not applicable to the small platted lots described in section 3.08.00 Overlay Districts.

4.

Certain architectural features, such as roofs over exterior doors, bump outs, bay windows, etc. may project no more than 2.5 feet including overhangs into the required 10 foot side, 15 foot street side and the 25 rear and front setbacks. These architectural features shall not exceed 25% of the wall that they are serving nor shall they be supported by the earth.

B.

Minimum setbacks for non-structural components of a structure.

1.

Decks: Any deck less than twelve (12) inches above finished grade is not subject to setbacks requirements. However, this type of deck is not allowed within two (2) feet of an adjacent property line.

a.

Any deck exceeding thirty (30) inches in height is subject to the setback requirements as specified in the table and is required to be permitted by the Building Department. If the main structure is built to the twenty (20') foot setback line, a deck less than thirty (30) inches is exempt from permitting and may encroach into the rear yard setback a distance not to exceed eight (8) feet from the principal structure and may encroach into the front setback a distance of five (5) feet from the principal structure. If the main structure is built to the twenty-five (25') foot setback line, a deck may extend twelve (12') feet into the rear setback and for the front, the deck may extend ten (10') feet into the front setback. Any requested extension exceeding the setback encroachment allowed in this paragraph will require proof of a hardship, not self created, to apply for a variance to the Comprehensive Planning and Zoning Board of the City.

b.

For second and third level decks, the allowable extension from the main structure built at the twenty (20') foot setback is five (5) feet into the front or rear setback from the main structure. For a structure built at the twenty-five (25') foot setback, the allowable extension is ten (10') feet into the front or rear setback. Any extension greater than what is allowed in this paragraph will require proof of a hardship, not self-created, to apply for a variance to the Comprehensive Planning and Zoning Board.

2.

Auxiliary structures:

a.

This applies to features such as open air arbors, trellises and free standing tiki bars that do not exceed eight (8) feet in height. These structures can be placed within five (5) feet of the rear and side setbacks. Tiki Bars are not allowed in front yards. Open air arbors and trellises are allowed in the front setback not exceeding five (5) feet from the main structure setback area.

b.

Screen rooms and patio covers are allowed to encroach a maximum of ten (10) feet into the rear yard setback providing the roof line for the enclosure does not exceed nine (9) feet in height and the addition to new or existing construction does not exceed the allowed impervious surface coverage as specified in the City's Land Development Regulations. The screen room shall comply with the allowed side setbacks as established by these Land Development Regulations.

c.

Swimming pools and screen enclosures (regardless of whether or not enclosing a pool)shall be, at a minimum five (5) feet from the rear and side setbacks. This applies to the water line or the screen enclosure.

d.

Storage sheds not exceeding eight (8) feet in width and twelve (12) feet in length shall be allowed a five (5) foot rear and side setback. Any storage shed exceeding ninety-six (96) square feet shall meet the same setbacks as specified in the table for new and existing construction. Storage sheds are not allowed in the front setback area.

e.

Application for a variance to any sub-section in this paragraph is allowed providing a self-created hardship is not the basis for the application.

3.

Minimum setbacks between buildings:

a.

The minimum setback between adjacent structures shall be ten (10) feet except that no setback is required where an attachment easement has been created.

b.

Distance shall be measured at the narrowest point between structures of the main living unit, principal structure, an allowable attachment or an accessory use or to the ordinary projections of chimneys or flues, not exceeding two feet (2) feet. The measurement shall be taken from the structures walls, not including overhangs.

c.

Dry cleaning establishments must meet the required commercial setbacks and cannot be located in a shopping center where zero (0) setbacks are allowed between adjacent stores. The exception shall be where a facility is for pick-up only with no actual dry-cleaning performed within the facility.

(Ord. No. 18-08, § 1(Exh. 1), 7-2-18)