Dunedin City Zoning Code
DIVISION 5
- PERMITTED SETBACK ENCROACHMENTS
103-50 - GENERALLY
The purpose of allowing setback encroachments in certain zoning districts is to encourage residents to upgrade and improve their properties, while maintaining the overall character of the neighborhood. These encroachments shall be administratively permitted, provided they do not negatively impact the intent of the Land Development Code, with regard to the setbacks established by each zoning district.
(Ord. No. 10-19, § 4, 12-16-2010; Ord. No. 15-04, § 1, 2-9-2015)
103-50.1 - Encroachments Established
Permitted setback encroachments for particular zoning districts are established in Table 103-50.1.
(Ord. No. 10-19, § 4, 12-16-2010)
103-50.2 - Restrictions
When a variance to a setback has been granted, no additional encroachment as set forth in this section is permitted. No structure shall encroach in or over any easement where the structure would interfere with the use of the easement for its intended purpose, as determined by the Engineering Department. Encroachments for a structure or other improvement taller than twelve (12) inches above grade is prohibited within the view triangles of waterfront yards, except fences which are subject to height limitations as established in Chapter 105, Development Standards of the Land Development Code.
Table 103-40.1
|
STRUCTURE/
IMPROVEMENT |
F = Front
S = Side SF = Secondary Front R = Rear W = Waterfront | PERMITTED SETBACK ENCROACHMENTS |
| Arbor (up to 80 sq. ft. in area and no more than 12' in height) | F, S, SF, R, W | To property line |
| Arbor (up to 200 sq. ft. in area and no more than 12' in height) | F, S, SF, R, W | No more than 8' from setback line |
| Awnings | All | No more than 3' beyond setback line, but no closer to property line or seawall than 2' |
| Balcony (open on three sides) | All | Leading edge no more than 3' beyond setback line |
| Barbeque, Masonry (up to 10' in height) | S, SF, R, W | No more than 5' beyond setback line |
| Bay Window (without a footer) | All | No more than 3' beyond setback line |
| Carport, detached (on lot sizes 9,000 sf or less; no more than 650 sf in area; and no higher than the principal structure) | S | No closer to property line than 3' |
| R | No closer to property line than 5' | |
| SF | No more than 5' from setback line but no closer to property line than 5' | |
| Chimney, (attached) | All | No more than 2' beyond setback line, no closer to property line or seawall than 4' |
| Decks, Uncovered (up to 12 inches above existing grade) | S, R, W, SF | To property line or seawall |
| Eaves | All | No more than 3' from setback line, but no closer to property line or seawall than 2' |
| Fences (also refer to Chapter 105, Development Standards for additional requirements) | All | To property line or seawall as prescribed by fence and wall regulations |
| Flags, Wall-Mounted | All | No more than 4' from setback line, but no closer to property line or seawall than 2' |
| Fire pits, Outdoor Fireplaces, Fire Rings, Chimney (detached) | S, R, W | No closer to property line or seawall than 10 ft. Must be located not less than 10 feet from any structure, accessory structure or fence. |
| Garage, detached (on lot sizes 9,000 sf or less; no more than 650 sf in area; and no higher than the principal structure) | S | No closer to property line than 3' |
| R | No closer to property line than 5' | |
| SF | No more than 5' from setback line but no closer to property line than 5' | |
| Gazebo | S | No closer to property line than 7.5' |
| R | No closer to property line than 10' | |
| Outdoor Kitchen | S, SF, R, W | No more than 5' beyond setback line |
| Patios, uncovered | S, R, SF, W | To property line |
| Patios, covered | S, SF, R | No closer to property line than 8' |
| W | No closer to property line than 10' | |
| Pool, Above Ground | S, SF, R | No closer to property line than 5' |
| W | No closer to property line or seawall than 8' | |
| Pool, In-ground (pools adjacent to seawalls shall require additional engineering to avoid conflict with existing, underground tie-backs). Pool deck can go to the property line. | S, SF, R, W | No closer to property line or seawall than 5' |
| Porch, Open | F, SF | No more than 10' from setback line |
| Ramp, disability access | F, SF, S, R, W | Zoning administrator design approval required. |
| Screen Enclosure (screen roof) | S, SF, R, W | No closer to property line or seawall than 5' |
| Screen Enclosure (solid roof) | S, SF, R | No closer to property line than 8' |
| W | No closer to property line or seawall than 10' | |
| Shed, detached (maximum of 100 sf area/maximum 9 ft height) | S, R | No closer to property line than 1' (maximum allowed 6 foot side yard and rear yard fence required to screenfrom adjoining property) |
| Shed, detached (greater than 100 sf area/greater than 9 ft height) | S | No closer to property line than 7.5' |
| R | No closer to property line than 10' | |
| Spa | S, SF, R, W | No closer to property line or seawall than 5' |
| Steps, Stairs | F, S,SF,R, W | No closer to property line or seawall than 5'. |
| S, SF | No more than 4' from setback line but no closer to property line than 4' | |
| Stoop (up to 3' by 6' in area) | All | No more than 3' from setback line but no closer to property line or seawall than 4' |
| Tiki Hut | S | No closer to property line than 7.5' |
| R | No closer to property line than 10' |
(Ord. No. 10-19, § 4, 12-16-2010; Ord. No. 11-21, § 1, 8-18-2011; Ord. No. 13-25, § 16, 12-19-2013; Ord. No. 15-04, § 1, 2-9-2015)