30.7.1.1 No building, structure, or part thereof shall be erected, constructed, reconstructed, located, moved, or structurally altered except in conformity with the development standards of this Part except as otherwise permitted by this Code.

(Ord. No. 2024-02, § 7(Exh. B), 1-9-24).

30.7.2.1 Measurement of setbacks.

(a)

Setbacks shall be measured along the distance from the property line to the nearest vertical surface of the structure except for a nominal roof overhang.

(b)

In residential subdivisions approved after the effective date of this Section, there shall be a minimum setback of twenty (20) feet from the nearest edge of a sidewalk to a garage or carport, notwithstanding any other provision of this Code.

30.7.2.2 Setbacks for Future Road Widening. In addition to the setback requirements contained in the specific zoning districts, increased setbacks are required to ensure a minimum of twenty-five (25) feet setback from the planned right-of-way line on any road or street set forth in: (1) the transportation element of the Comprehensive Plan, (2) the current Capital Improvements Program, (3) the officially adopted Florida State Department of Transportation Five Year Work Program or (4) the Seminole County, Florida Public Works Engineering Manual described in Section 5.20(a) of this Code.

30.7.2.3 Minimum setbacks from water bodies.

(a)

New Principal Buildings in all zoning districts on lots or parcels legally created after the effective date of these regulations shall be located a minimum distance of fifty (50) feet from the shoreline of Natural Water Bodies as determined by the Normal High Water Elevation. For the purposes of these regulations, "legally created" shall include developments having received Preliminary Subdivision Plan approval pursuant to Chapter 35 of the Land Development Code of Seminole County.

(b)

New Principal Buildings in all zoning districts on lots or parcels that were legally created or have received Preliminary Subdivision Plan approval prior to the effective date of these regulations shall meet the setback from the shoreline of Natural Water Bodies in effect at the time the Preliminary Subdivision Plan was approved, or the lot or parcel was created.

(c)

Swimming Pools and Accessory Structures:

(1)

All Accessory structures, excluding docks and boat houses, shall be located a minimum distance of twenty-five (25) feet from the shoreline of a Natural Water Body as determined by the Normal High Water Elevation.

(2)

The water's edge of a pool shall be located a minimum distance of thirty (30) feet from the shoreline of a Natural Water Body as determined by the Normal High Water Elevation.

(3)

A screen enclosure shall be located a minimum distance of twenty-five (25) feet from the shoreline of a Natural Water Body as determined by the Normal High Water Elevation.

(d)

For the purpose of this Section, the terms "Natural Water Body" and "Normal High Water Elevation" shall be as defined in Section 2.3 of this Code. Where setbacks are required under this Section, the Normal High Water Elevation shall be as established by the County and field-verified by a professional surveyor and must be shown on a certified survey that is no more than five (5) years old.

30.7.2.4 Location of swimming pools and pool screen enclosures.

(a)

The water's edge of a pool shall be located a minimum distance of ten (10) feet from the side and rear property line of a lot, parcel, or piece of land upon which it is located. It shall not be located any closer to the front lot line of a lot, parcel, or piece of land than the main or Principal Building or residence. For the purpose of this Section, any corner lot shall be treated as having front yards on any side abutting a road right-of-way.

(b)

Any pool screen enclosure shall comply with the side yard setback requirement for the Principal Building and shall be located a minimum distance of five (5) feet from the rear property line. It shall not be located nearer to the front lot line of a lot, parcel, or piece of land than the Principal Building. For the purpose of this Section, any corner lot shall be treated as having front yards on any side abutting a road right-of-way.

(c)

In the case of double frontage lots and where there is a conforming six (6) foot high minimum solid fence or wall at the rear of the property, a swimming pool shall be no closer than ten (10) feet to the rear property line and the pool screen enclosure no closer than five (5) feet to the rear property line.

(d)

Refer to Section 30.7.2.3 for specific setback standards for pools near a Natural Water Body.

(e)

Pool grading shall not affect adjacent properties, and the pools shall be designed so that the backwash discharges to the street unless otherwise approved by the Public Works Director or designee. All pool construction and maintenance must comply with Chapter 270, Part 9, Storm Sewer System Discharges, of the Seminole County Code of Ordinances and Chapter 2.6, Erosion and Sediment Control, of the Public Works Department Engineering Manual.

30.7.2.5 Yards. On double-frontage lots, the required front yard shall be provided on each street.

30.7.2.6 Front yard exceptions in dwelling districts. Where lots comprising forty (40) percent or more of the frontage on one (1) side of the street between intersecting streets are developed with buildings having an average front yard with a variation of not more than six (6) feet, no building hereafter erected shall project beyond the average line so established. This applies to all dwelling districts.

30.7.2.7 Lot widths on irregular shaped lots. The lot width requirement at the front building line for irregularly shaped lots, such as the end of a cul-de-sac, may be reduced to seventy-five (75) percent of the district requirement, providing all required building setbacks are maintained.

30.7.2.8 Living Area. The living area describes the covered and conditioned space within a structure which excludes garages, carports, open or screened porches, or breezeways.

30.7.2.9 Height limitations on amateur radio operator's equipment. It is unlawful to construct or operate an amateur radio tower or equipment, as licensed by the Federal Communications Commission (F.C.C.), which is in excess of thirty-five (35) feet in height without first obtaining a special exception for such use pursuant to the provisions of this Code. In addition to the criteria for special exceptions set forth in this Code, the Board of Adjustment shall, in considering applications for special exceptions relating to amateur radio towers, perform a reasonable accommodation analysis as may be required by the F.C.C. and state law.

30.7.2.10 Height limitations on property assigned a non-residential zoning classification. Chimneys, water, fire, radio and television towers, church spires, domes, cupolas, stage towers and scenery lofts, cooling towers, elevator bulkheads, smoke stacks, flag poles, parapet walls, and similar structures and their necessary mechanical appurtenances may be erected above the height limits herein established; however, the heights of these structures or appurtenances thereto shall not exceed the height limitations prescribed by the Federal Aviation Agency within the flight approach zone patterns of airports. It is the intent of the Board of County Commissioners that the provisions of this Code regulating communication towers shall prevail over the provisions of this Section.

(Ord. No. 2024-02, § 7(Exh. B), 1-9-24).

30.7.3.1 Dimensional and other standards associated with conventional residential zoning districts and select Special Zoning districts are described in the table below.

30.7.3.2 Dimensional and other standards associated with conventional non-residential zoning districts and select Special Zoning districts are described in the table below.

Footnotes:

(1)

Accessory buildings exceeding 200 sq. ft. in size and/or 12 feet in height, and any accessory dwelling unit, regardless of size, shall meet all of the district setbacks and other requirements applicable to the main residential structure located on the same parcel.

(2)

Yard requirements shall be the same as those for the primary structure.

(3)

Greater setbacks may be required on intersections with geometric restrictions or other sight limitations. If corner sight obstructions or restrictions exist due to the horizontal or vertical controls, each case shall be individually reviewed and approved by the Traffic Engineer to ensure a safe design in accordance with the A.A.S.H.T.O. requirements.

(4)

No building or structure shall exceed sixty (60) feet in height, and F.A.A. approval shall be obtained for buildings exceeding thirty-five (35) feet in height.

(5)

Increased an additional ten (10) feet for each story over one (1) story.

(6)

Each mobile home residence space shall be not less than five thousand (5,000) square feet and have a minimum average width of fifty (50) feet.

(7)

For new construction only.

(8)

A setback of fifty (50) feet shall be provided from lot lines and any street right-of-way which borders the RM-1 Mobile Homes District.

(9)

The entire park, except for access and egress, shall be set back twenty-five (25) feet from any property line.

(10)

Structure shall not project forward of the front building line of the principal structure.

(11)

Natural lakes and/or conservation areas within a development site shall not be credited to a combined maximum of more than fifty (50) percent of the required open space.

(12)

Open space features and configuration shall be consistent with the requirements of Part 14, Chapter 30.

(13)

In the R-3 and R-3A Multi-Family Dwelling Districts, minimum setbacks shall be established from each dwelling structure to the overall project boundary.

(14)

Each dependent travel trailer or tent camping site shall be not less than an average width of thirty (30) feet and fifteen hundred (1,500) square feet of area. Each independent travel trailer site shall be not less than an average width of forty (40) feet and twenty-four hundred (2,400) square feet.

Footnotes:

(1)

Silos, granaries, windmills, barns, and other structures concurrent to the operation of an agriculture enterprise may exceed the height limit.

(2)

Setback shall be equal to or greater than the main residence unless setback is equal to or greater than 100 feet.

(3)

Barns & structures for livestock, structures for agricultural use shall have minimum 50 ft. front, side and rear setbacks be distanced a minimum of 100 ft. from any residential structure on an adjacent lot or parcel.

(4)

Accessory buildings exceeding 200 sq. ft. in size and/or 12 feet in height, and any accessory dwelling unit, regardless of size, shall meet all of the district setbacks and other requirements applicable to the main residential structure located on the same parcel.

(5)

Yard requirements shall be same as the primary structure

(6)

Side yard setback may be reduced to zero (0) feet except when a side lot line abuts property assigned a residential zoning classification or land use designation.

(7)

No minimum building site area required; however, adequate space will be provided for off-street parking, loading, and landscaping requirements.

(8)

Rear yard setback shall be a minimum of ten (10) feet unless a rear lot line abuts property assigned a residential zoning classification or land use designation.

(9)

Front yards shall be not less than fifty (50) feet in depth as measured from the front property line to any building. The twenty-five (25) feet of such yard nearest to the front property line shall remain unpaved except for normal entrance drives, and shall be landscaped as required in Part 14. The remaining twenty-five (25) feet of such yard may be used for the parking of passenger vehicles only. Front setbacks for property located internal to an industrial park may utilize a front yard setback of not less than twenty-five feet (25') in depth from the front property line if not less than ten feet (10') of such yard nearest to the front property line is retained as a landscaped green area which is unpaved except for normal entrance drives, and sufficient area for the loading and unloading of vehicles is provided, consistent with generally accepted engineering practices and principles.

(10)

Rear. A rear yard of not less than ten (10) feet shall be provided, except that, on a lot having a double frontage, the front yard requirements shall apply on both streets. Rear yards may be reduced to zero (0) when the rear property line coincides with a railroad siding; however, no trackage shall be located nearer than three hundred (300) feet to any residential district.

(11)

Natural lakes and/or conservation areas within a development site shall not be credited to a combined maximum of more than fifty (50) percent of the required open space.

(Ord. No. 2024-02, § 7(Exh. B), 1-9-24; Ord. No. 2024-21, § 4, 7-23-24).