North Port City Zoning Code

ARTICLE V

- ALLOWABLE ENCROACHMENTS

Sec. 3.5.1. - Allowable encroachments.

Certain appurtenances and architectural features have a minimal impact on adjacent properties but may need additional flexibility when designing a site. To accommodate these features, Table 3.5.1.1. outlines allowable encroachments into required setbacks. When a variance to a setback has been granted, no additional encroachment, beyond that set forth in this Section is allowed. Encroachments are not applicable zero lot line structures. Site improvements that do not meet the definition of a structure have no limitation to allowable encroachment.

TABLE 3.5.1.1.

Allowable Encroachments

STRUCTURE/IMPROVEMENT	ENCROACHMENT AMOUNT¹(FT)
STRUCTURE/IMPROVEMENT	Front	Side	Rear	Waterfront
Ancillary Mechanical Equipment, Residential	-	2	5	5
Awnings, Eaves, or Roof Overhangs	3	3	3	3
Balcony	-	2	5	5
Bay window	2	2	5	5
Chimney	4	2	4	4
Decks, at grade²	10	No closer than two (2) FT to the property line		To the property line
Fences	Fences may be constructed on the property line.
Flagpoles	½ of setback	-	May not be constructed in an easement
Garages, Side-Loading	10	-	-	-
Garages, Rear-Loading	-	-	10 ³	-
Pergola⁴	5	-	10	10
Retaining Wall	-	-	-	-
Screened Enclosure or Porch, Screened Roof	-	2	5	5
Shed, less than 200 SF	-	2	5	5
Stairs	4	½ of setback	10	10
Steps, not exceeding 3 FT above grade	5	½ of setback	5	5
Stoop (up to 3 FT by 6 FT in area)	Non-structural concrete as defined by the Florida Building Code is not required to meet setbacks.
Walkway, 6 wide or less made of concrete, pavers, or other permanent material²	No closer than two (2) FT to the property line unless connected to a sidewalk, dock, or other walkways.
Walls	-	Walls may be constructed on the property line.
¹ Encroachment amount is the maximum reduction to the required setback unless noted otherwise. ² Walkways, decks, and slabs may be constructed in an easement at the property owner's risk. If placed in the easement, the conditions included in Section 3.5.2. apply. ³ Rear-loaded garages may not be closer to the property line than eighteen (18) feet. ⁴ Only pergolas one hundred (100) square feet or less and less than eight (8) feet in height qualify for reduced setbacks.

;hn0; [Added 8-6-2024 by Ord. No. 2024-13, § 3.03(Exh. A)]

Sec. 3.5.2. - Occupation of easement.

Occupation of easement may be authorized via a Certificate of Zoning Compliance when objects do not appear to:

(1)

Physically obstruct timely access to infrastructure facilities, i.e., canals, ditches, outfalls, and swales, for personnel to carry out needed maintenance;

(2)

Impede the flow of storm water within the drainage systems, i.e., swales, and ditches, thereby reducing drainage performance; and

(3)

Pose a hazard to vehicular or pedestrian traffic.

Objects occupying the City's easements are placed at the risk of the resident.

(1)

Any object found to be obstructing access to the easement shall be removed at the City's request.

(2)

When possible, the City will give notification of the need to access to allow proper time for removal of the object or structure. The owner of the property shall solely bear the cost of the removal and replacement.

(3)

If the City removes the object, the resident will be issued an invoice for the cost of the removal.

(4)

If the City damages the object during maintenance, the cost of replacement is the sole responsibility of the owner or resident.

[Added 8-6-2024 by Ord. No. 2024-13, § 3.03(Exh. A)]

North Port City Zoning Code

ARTICLE V

- ALLOWABLE ENCROACHMENTS

Sec. 3.5.1. - Allowable encroachments.

TABLE 3.5.1.1.

Allowable Encroachments

STRUCTURE/IMPROVEMENT	ENCROACHMENT AMOUNT¹(FT)
STRUCTURE/IMPROVEMENT	Front	Side	Rear	Waterfront
Ancillary Mechanical Equipment, Residential	-	2	5	5
Awnings, Eaves, or Roof Overhangs	3	3	3	3
Balcony	-	2	5	5
Bay window	2	2	5	5
Chimney	4	2	4	4
Decks, at grade²	10	No closer than two (2) FT to the property line		To the property line
Fences	Fences may be constructed on the property line.
Flagpoles	½ of setback	-	May not be constructed in an easement
Garages, Side-Loading	10	-	-	-
Garages, Rear-Loading	-	-	10 ³	-
Pergola⁴	5	-	10	10
Retaining Wall	-	-	-	-
Screened Enclosure or Porch, Screened Roof	-	2	5	5
Shed, less than 200 SF	-	2	5	5
Stairs	4	½ of setback	10	10
Steps, not exceeding 3 FT above grade	5	½ of setback	5	5
Stoop (up to 3 FT by 6 FT in area)	Non-structural concrete as defined by the Florida Building Code is not required to meet setbacks.
Walkway, 6 wide or less made of concrete, pavers, or other permanent material²	No closer than two (2) FT to the property line unless connected to a sidewalk, dock, or other walkways.
Walls	-	Walls may be constructed on the property line.
¹ Encroachment amount is the maximum reduction to the required setback unless noted otherwise. ² Walkways, decks, and slabs may be constructed in an easement at the property owner's risk. If placed in the easement, the conditions included in Section 3.5.2. apply. ³ Rear-loaded garages may not be closer to the property line than eighteen (18) feet. ⁴ Only pergolas one hundred (100) square feet or less and less than eight (8) feet in height qualify for reduced setbacks.

;hn0; [Added 8-6-2024 by Ord. No. 2024-13, § 3.03(Exh. A)]

Sec. 3.5.2. - Occupation of easement.

Occupation of easement may be authorized via a Certificate of Zoning Compliance when objects do not appear to:

(1)

Physically obstruct timely access to infrastructure facilities, i.e., canals, ditches, outfalls, and swales, for personnel to carry out needed maintenance;

(2)

Impede the flow of storm water within the drainage systems, i.e., swales, and ditches, thereby reducing drainage performance; and

(3)

Pose a hazard to vehicular or pedestrian traffic.

Objects occupying the City's easements are placed at the risk of the resident.

(1)

Any object found to be obstructing access to the easement shall be removed at the City's request.

(2)

(3)

If the City removes the object, the resident will be issued an invoice for the cost of the removal.

(4)

If the City damages the object during maintenance, the cost of replacement is the sole responsibility of the owner or resident.

[Added 8-6-2024 by Ord. No. 2024-13, § 3.03(Exh. A)]

North Port City Zoning Code

ARTICLE V

- ALLOWABLE ENCROACHMENTS

Sec. 3.5.1. - Allowable encroachments.

TABLE 3.5.1.1.

Allowable Encroachments

STRUCTURE/IMPROVEMENT	ENCROACHMENT AMOUNT¹(FT)
STRUCTURE/IMPROVEMENT	Front	Side	Rear	Waterfront
Ancillary Mechanical Equipment, Residential	-	2	5	5
Awnings, Eaves, or Roof Overhangs	3	3	3	3
Balcony	-	2	5	5
Bay window	2	2	5	5
Chimney	4	2	4	4
Decks, at grade²	10	No closer than two (2) FT to the property line		To the property line
Fences	Fences may be constructed on the property line.
Flagpoles	½ of setback	-	May not be constructed in an easement
Garages, Side-Loading	10	-	-	-
Garages, Rear-Loading	-	-	10 ³	-
Pergola⁴	5	-	10	10
Retaining Wall	-	-	-	-
Screened Enclosure or Porch, Screened Roof	-	2	5	5
Shed, less than 200 SF	-	2	5	5
Stairs	4	½ of setback	10	10
Steps, not exceeding 3 FT above grade	5	½ of setback	5	5
Stoop (up to 3 FT by 6 FT in area)	Non-structural concrete as defined by the Florida Building Code is not required to meet setbacks.
Walkway, 6 wide or less made of concrete, pavers, or other permanent material²	No closer than two (2) FT to the property line unless connected to a sidewalk, dock, or other walkways.
Walls	-	Walls may be constructed on the property line.
¹ Encroachment amount is the maximum reduction to the required setback unless noted otherwise. ² Walkways, decks, and slabs may be constructed in an easement at the property owner's risk. If placed in the easement, the conditions included in Section 3.5.2. apply. ³ Rear-loaded garages may not be closer to the property line than eighteen (18) feet. ⁴ Only pergolas one hundred (100) square feet or less and less than eight (8) feet in height qualify for reduced setbacks.

;hn0; [Added 8-6-2024 by Ord. No. 2024-13, § 3.03(Exh. A)]

Sec. 3.5.2. - Occupation of easement.

Occupation of easement may be authorized via a Certificate of Zoning Compliance when objects do not appear to:

(1)

Physically obstruct timely access to infrastructure facilities, i.e., canals, ditches, outfalls, and swales, for personnel to carry out needed maintenance;

(2)

Impede the flow of storm water within the drainage systems, i.e., swales, and ditches, thereby reducing drainage performance; and

(3)

Pose a hazard to vehicular or pedestrian traffic.

Objects occupying the City's easements are placed at the risk of the resident.

(1)

Any object found to be obstructing access to the easement shall be removed at the City's request.

(2)

(3)

If the City removes the object, the resident will be issued an invoice for the cost of the removal.

(4)

If the City damages the object during maintenance, the cost of replacement is the sole responsibility of the owner or resident.

[Added 8-6-2024 by Ord. No. 2024-13, § 3.03(Exh. A)]