§ 72-277. Exceptions to minimum yard or lot coverage requirements.

Every part of every yard shall be open and unobstructed from the ground up, except as follows:

(1)

In the RR, RE, R-1 through R-6, R-9, MH-5, MH-6, OMV, OUR, OTR, ORE, OCR, SWR, and RPUD classifications, except for the provisions of subsection 72-282(2), accessory structures shall not be located in front yards. However, accessory structures may be located in rear or side yards not less than five feet from the lot lines except for atypical lots. However, garage apartments shall not be located in any required yard. On atypical lots, accessory structures may be located not less than five feet from the side lot line provided such structures, except for swimming pools, are not located in the side yard area between the rear lot line and the rearmost point of the principal structure. Accessory structures, except for seawalls and docks in accordance with 72-278, shall be located at least five feet from any side or rear lot line, but not in platted easements.

a.

Swimming pools shall be located at least eight feet from any side or rear lot line and swimming pool screen enclosures at least five feet from any side or rear lot line, but they shall not be located in platted easements. Pools and screened enclosures located on waterfront lots shall be set back ten feet from the waterfront lot line.

b.

All bulkheads, seawalls, retaining walls, docks, wharfs, piers, floating docks, boat slips, boathouses and moorings are considered under the terms of this article to be accessory structures to the main use or structures of the premises.

c.

Except for seawalls on an oceanfront lot in which a gap exists as defined by the Florida Department of Environmental Protection and docks in accordance with section 72-278, no accessory building or structure shall be constructed on any lot until a principal structure is either constructed, or permitted for construction, on the same lot.

d.

The cumulative area of all accessory buildings or structures, excluding docks, seawalls, swimming pools and pool enclosures, shall not exceed 50 percent of the square foot area of the principal structure. This subsection shall not apply to lots of one acre or greater in size.

e.

The maximum height of an accessory structure, except for docks in accordance with section 72-278, shall not exceed 15 feet. Structures exceeding 500 square feet in area or guesthouses shall meet the same yard requirements as the principal building. Only one structure over 500 square feet in area shall be allowed in an urban residential classification.

f.

An accessory structure shall not be separately metered for electricity over 60 amperes or water. The zoning enforcement official, based on a service demand calculation in accordance with the National Electric Code, may approve additional service size.

(2)

In the RR, RE, R-1 through R-6, R-9, MH-5 and MH-6, OMV, OUR, OTR, ORE, OCR, SWR, and RPUD classifications, on double-frontage lots or corner lots, accessory structures shall not be located in any yard abutting a street but may be located not less than five feet from any adjacent lot line.

(3)

In all zoning classifications, fences, walls and hedges may be located in yards to the extent permitted by sections 72-282 and 72-284. However, on any corner lot, no structure or shrubbery shall cause any obstruction to vision of motorists in accordance with the provisions for obstructions to vision in division 4 of the Land Development Code [article III].

(4)

In all zoning classifications, off-street parking lots may be in yards to the extent permitted by sections 72-286 and 72-287.

(5)

In all zoning classifications, boathouses and boat docks may be located in waterfront yards but shall not be permitted within 15 feet of any side lot line, or its extension into the water.

(6)

Awnings may project into any yard for either 3½ feet or half of the yard, whichever is less.

(7)

Chimneys, fireplaces and pilasters may extend into any yard for 3½ feet or half of the yard, wherever is less. Roof overhangs, unenclosed balconies and unenclosed stairways may project into any yard for 3½ feet or half of the yard wherever is less.

(8)

All structures erected to protect or support fern or other agricultural crops are exempt from the yard requirements. All buildings erected to protect or grow nursery plants are exempt from the maximum lot coverage requirements in MH-3 and in all of the agricultural zoning classifications.

(9)

Those exceptions permitted in section 72-290 pertaining to automobile service stations.

(10)

In all residential classifications, where a lot is situated between two lots, each having a principal building which projects beyond the minimum front yard requirements for its classification, its minimum front yard requirement shall be the average of the distance between the front lines and the fronts of the principal buildings on the adjacent properties.

(11)

If, because of prior zoning regulations, or because of a unified plan of development, or for any other reason, a majority of the houses already constructed in a particular residential neighborhood observe a setback greater than that which is required by these regulations, the average setback actually observed shall apply to all new construction in that neighborhood, anything in these regulations to the contrary notwithstanding.

(12)

On any nonconforming lot not more than 50 feet in width, that has a single-family zoning classification, the minimum side yard may be decreased to seven feet.

On any lot with 50 feet or less of depth and at least 5,000 square feet of area, that has a single-family zone classification, the minimum front yard may be reduced to 12.5 feet and the minimum rear yard may be reduced to ten feet providing:

a.

The lot abuts a county arterial thoroughfare road;

b.

The lot was reduced in size by the action of the county, state or federal government;

c.

The lot is to be utilized only for a single-family residence and its accessory uses and structures;

d.

The proposed single-family residence is to be connected to central water and sewer services; and

e.

The chimneys, fireplaces, roof overhangs, unenclosed balconies and unenclosed stairways of the proposed single-family residence may not project into the reduced front and rear yards more than two feet.

(13)

In all zoning classifications, package sewage treatment plants may be located in yards to the extent permitted by section 72-292 and subsection 72-293(1)c.

(14)

A satellite dish shall be considered to be an accessory structure and shall comply with the requirements of subsection (1) of this section. However, no portion of the structure shall project into an area less than five feet from the side and rear lot lines or in platted easements.

(15)

Notwithstanding the dimensional requirements set forth in section 72-241, conservation subdivisions may be developed in any zoning classification pursuant to section 72-547 and the following:

a.

No minimum acreage for subdivision.

b.

Maximum 600 lots.

c.

No minimum lot size.

d.

No minimum lot width.

e.

No minimum setbacks.

(Ord. No. 81-39, § XXXIV, 11-19-81; Ord. No. 84-1, §§ XLII, XLIII, 3-8-84; Ord. No. 86-16, §§ XIV, XV, 10-23-86; Ord. No. 88-2, § VIII, 1-19-88; Ord. No. 89-20, §§ XIX, XX, 6-20-89; Ord. No. 90-34, §§ 49, 50, 9-27-90; Ord. No. 91-11, §§ X—XIII, 5-16-91; Ord. No. 92-6, § XLVII, 6-4-92; Ord. No. 94-4, §§ XLIX—LII, 5-5-94; Ord. No. 2004-20, § V, 12-16-04; Ord. No. 2005-02, § I, 4-21-05; Ord. No. 2006-18, 9-21-06; Ord. No. 2008-25, § II, 12-4-08; Ord. No. 2010-19, § III, 12-16-10; Ord. No. 2011-03, § I, 1-20-11; Ord. No. 2012-06, § III, 5-3-12; Ord. No. 2015-02 , § III, 3-5-15; Ord. No. 2018-05, § XXIV, 1-18-18; Ord. No. 2018-04, § II, 4-17-18)