The purpose of this article is to set forth the general provisions which regulate land use density and intensity, lot and setback requirements, and principal and accessory building, structure height and bulk regulations.

Setbacks for all principal and accessory structures shall be measured perpendicular, from the closest point of the front, sides, and rear of a building or structure, to the respective property line.

Where a yard is required in this Code, such yard may be used for walkways, parking of passenger cars, driveways and landscaping, but not for any other use or purpose, provided that a required street yard shall not be used for parking, and that all code and other applicable requirements are met.

Where a lot is bounded on two opposite sides by streets, front yards, when required, shall be provided on both streets, and accessory buildings shall not be located in either front yard.

Except as may be permitted by other provisions of this Code, no lot shall contain any building used in whole or in part for dwelling purposes unless such lot abuts for at least 25 feet on a paved street, and there shall not be more than one single-family dwelling for such minimum frontage.

Unless otherwise provided in this Code, no lot, yard, setback, clearance, parking area, or other space shall be reduced in area or dimension so as to make such area or dimension less than the minimum required by this Code; and if already less than the minimum required by this Code for a new building or use, such area or dimension shall not be further reduced. No part of a required yard, setback, clearance, parking area, or other space provided about or for any building, structure or use for the purpose of complying with the provisions of this Code shall be included as part of a yard, setback, clearance, parking area or other space required under this Code for another building, structure, or use, unless specifically permitted under this Code.

Every part of every required yard shall be open and unobstructed from the ground to the sky except as follows or as otherwise permitted in this Code:

A.

Sills or belt courses may project not over 12 inches into a required yard.

B.

Cornices, eaves or gutters may project to a distance not over one-third of the required yard with a maximum of five feet, provided that where the yard is less than five feet in width such projection shall not exceed one-half the width of the yard.

C.

Chimneys, fireplaces or pilasters may project not over two feet into a required yard.

D.

Movable awnings may be placed over doors or windows in any required yard, but such awnings shall not project closer than one foot to any lot line.

E.

Fire escapes, stairways and balconies which are unroofed and unenclosed may project not over five feet into a required rear yard, or not over three feet eight inches into a required side yard, of a multiple dwelling, hotel or motel.

F.

Meter rooms not over seven feet in height may project not over five feet into a required rear yard.

G.

Unenclosed porches or terraces extending not over three feet six inches above the ground, except for railings and roof structures, may extend five feet into a required front yard, or not over ten feet into a required rear yard, or not over three feet into a required side yard, provided that any such structure having a roof shall not extend closer than five feet to any lot line.

H.

Hoods, canopies or marquees may project to a distance not over one-third of the required yard, with a maximum of five feet, but shall not extend nearer than one foot to any lot line.

I.

Fences, walls, berms and hedges shall be permitted in required yards as specified in article 6 of this Code.

J.

Customary minor service structures such as flagpoles, antennas, clothes lines, rubbish receptacles, mailboxes, outdoor grills and the like may be placed in a required yard.

K.

Swimming pools shall not be located in any required front or side yard.

L.

Equipment such as air conditioning units, pumps, and similar devices, including concrete pads for support purposes shall not project over three feet into a required yard.

M.

Specific requirements for right-of-way encroachments in the B-2 zoning district are provided in section 5.10.00.

(Ord. No. 1023, § 1(Exh. A), 5-16-2017)

The following are excluded from the maximum height restrictions provided under this article. Penthouses, scenery lofts, towers, cupolas, steeples and domes not exceeding in gross area at the maximum horizontal section 30 percent of the roof area, and flagpoles, airplane beacons, broadcasting towers, antennas, chimneys, stacks, tanks and roof structures used only for ornamental or mechanical purposes, may exceed the permissible height limit in any district by not more than 25 percent. Parapet walls may extend not more than five feet above the allowable height of a building. Radio and television antennas for receiving purposes only shall not be subject to height limits.

State Law reference— Construction of amateur radio antennas, F.S. § 166.0435

The tables on the following pages present the specific development standards required for each zoning district within the city.

Table 5.09.01
Residential Zoning Development Standards

(Original Code References: Sections 110-242, 110-243, 110-244, 110-245, 110-246, 110-247, 110-248, 110-262, 110-263, 110-264, 110-265, 110-266, 110-267, 110-268, 110-282, 110-283, 110-284, 110-285, 110-286, 110-287, 110-288, 110-290, 110-302, 110-303, 110-304, 110-305, 110-306, 110-307, 110-308, 110-309)

Table 5.09.02
Additional Lot Area Requirements for Multiple Family Developments of Four (4) Units or More

(Original Code References: Sections 110-290, 110-309)

Table 5.09.03
Nonresidential Structures as Principal Uses in Residential Zoning Districts

(Original Code References: Sections 110-242, 110-243, 110-244, 110-245, 110-246, 110-247, 110-262, 110-263, 110-264, 110-265, 110-266, 110-267, 110-282, 110-283, 110-284, 110-285, 110-286, 110-287, 110-303, 110-304, 110-305, 110-306, 110-307)

Table 5.09.04
Residential-Professional and Business (RPB) Zoning District Development Standards

(Original Code References: Section 110-322).

Table 5.09.05
Professional Office, Business, Commercial, Industrial, Public Buildings & Grounds, Recreation and Open Space, and Conservation Zoning District Development Standards

(Original Code References: Sections 110-344, 110-345, 110-346, 110-347, 110-385, 110-386, 110-387, 110-388, 110-404, 110-405, 110-406, 110-407, 110-424, 110-425, 110-426, 110-444, 110-445, 110-446, 110-464, 110-465, 110-466, 110-484, 110-485, 110-486, 110-601, 110-602)

(Ord. No. 1036, § 1(Exh. A), 3-20-2018)

Table 5.09.06
Accessory Structure Development Standards

(Original Code References: Section 110-631, Location in Required Yards; Setbacks and Section 110-632, Yards for Accessory Dwellings).

(Ord. No. 1094, § 1(Exh. A), 5-16-2023)

A.

Balconies and terraces.

1.

Shall not encroach on the right-of-way line of any state-, county-, or city-designated roadway except as established in this section.

2.

No portion of a balcony or terrace, including any vertical or horizontal supports, shall extend beyond the curb line within the right-of-way.

3.

Shall be constructed with a minimum vertical clearance of nine feet above any pedestrian walkway and a minimum of five feet in depth. Any vertical support elements shall be located to ensure a minimum of five feet of clear, unobstructed pathway for pedestrian movement is maintained between the edge of the building and the curb line.

4.

No portion of a balcony or terrace, including any vertical support elements, shall obstruct access to any driveway or the use of on-street parking spaces.

5.

Shall only be accessible from an interior space. No stairway or other apparatus shall provide access to a balcony or terrace from the exterior of a building, except as required for fire safety purposes. Such exceptions shall require city council approval.

6.

Shall be constructed so that removal may be made without causing the building to become structurally unsafe.

B.

Awnings, canopies, arcades, colonnades and marquees.

1.

The requirements herein pertain to permanent fixtures either constructed as part of the building or connected to the building.

2.

Shall be constructed with a minimum vertical clearance of nine feet above any pedestrian walkway.

3.

No portion of any awning, canopy, arcade, colonnade or marquee, including any vertical or horizontal supports, may extend beyond the curb line within the right-of-way.

C.

Legal agreement. A legal agreement between the city or other applicable regulating agency and the property owner shall be established acknowledging any encroachment on a right-of-way. The agreement shall be submitted to the city at the same time application and fees for site development plan review are filed. The agreement shall be approved as to form by the city or other applicable attorney and recorded with the DeSoto County Clerk of Courts prior to final approval of a site development plan or issuance of any building permits.

(Ord. No. 1023, § 1(Exh. A), 5-16-2017)