(a)

General.

(1)

Prohibition. Subject to other provisions in this Code, no portion of any building or other substantial above or below ground structure may be located on any lot or parcel closer to any street right-of-way line or centerline or lot line than is authorized in this section.

(2)

Applicability. As used in this section, the terms "building" or "structure" includes any substantial structure which by nature of its size, scale, dimensions, bulk, or use tends to constitute a visual obstruction or generate activity similar to that usually associated with a building. Purely aesthetic, non-habitable features such as stacked stone, knee-walls or other similar structures shall not be subject to these provisions so long as they are of limited scale and obtrusiveness. Without limiting the generality of the foregoing, the following structures shall be deemed to fall within this description:

a.

Gas pumps and overhead canopies or roofs.

b.

Fences running along lot lines adjacent to public street right-of-way if such fences, by reason of their height or opaqueness, constitute a threat to public safety and welfare.

(3)

Measurement.

a.

Setback distances shall be measured from the lot line or street right-of-way line as follows:

1.

If the street right-of-way line is readily determinable (by reference to a recorded map, set boundaries or other means), the setback shall be measured from such right-of-way line.

2.

If the right-of-way line is not determinable, the setback shall be measured from the street or easement centerline.

b.

Setback distances shall be measured to the building or structure as follows:

1.

Measurement shall be to the nearest vertical wall or support of the building or structure, provided any above ground extension of the building does not encroach into the required setback more than two feet, or onto adjoining property.

2.

Any above ground encroachment of more than two feet into the required setback will require a compensating setback increase in the structure's wall or support.

(4)

Signs. Sign structure setbacks shall be governed by the laws of the State of Florida and by other sections of this Code.

(b)

Required building/structure setbacks from roads and access easements.

(1)

Setbacks. The distances in table 13-440A shall be the minimum setback for all above or below ground structures, including accessory structures, unless otherwise specifically provided in section 13-610. The setback providing the greatest distance from the road centerline shall be used.

TABLE 13-440A BUILDING SETBACKS FROM ROADS

(1) Within the DTMU District, buildings may setback within ten feet of the R/W. In the WMPD, when designed as a compact walkable development, this district may also have a setback of ten feet from the R/W.

*Applies to access easements or private roads that serve three or more lots, or more than three dwelling units, or that serves any nonresidential use tending to generate traffic equivalent to three or more dwelling units.

**The authority may reduce the building setback along minor local roads in a RPUD when the plan proposes an efficient and safe design (Must be done as part of the conceptual plan approval). Notwithstanding the above, the sum of the road right-of-way, plus the adjacent front setbacks from street right-of-way lines shall not be less than 50 feet.

(2)

Exceptions to table 13-440A. Notwithstanding the requirements of table 13-440A, the following shall apply:

a.

When a setback less than that specified in table 13-440A is already established by buildings on at least 50 percent of the lots in the block, or parcels within 1,000 feet (as measured along the street right-of-way) in each direction from the proposed structure, the lesser setback may be used.

b.

Where necessary to allow reasonable use of the property for placement of a principal structure, the applicable setback on corner lots established prior to the effective date of this Code and having less than 75 feet road frontage may be reduced by one foot for every road frontage foot less than 75 feet, but in no case may the setback be less than 15 feet.

(c)

Required building/structure setbacks from lot/parcel lines.

(1)

Setbacks. The setback distances in tables 13-423A and 13-425A shall be the minimum setback distances from side and rear lot/parcel lines for all substantial above ground structures, including accessory structures, and in or below ground structures. As used in this section, the term "lot line" refers to lot boundaries other than those that abut streets or easements. Where specified, zero lot line setbacks shall be allowed provided such occupancy meets all other applicable requirements of this Code.

(2)

Exceptions to tables 13-423A and 425A. These exceptions shall not apply to road setbacks contained in table 13-440A. Notwithstanding the requirements of tables 13-423A and 425A, the following shall apply:

a.

Small accessory buildings in residential zoning districts. In residential zoning districts, accessory buildings of not more than 100 square feet shall be required to only observe a one foot setback from lot lines, provide such building does not exceed ten foot in height. Accessory structures shall not be located within the front yard.

b.

In-ground and above ground swimming pools/spas and screen enclosures for same. Setbacks shall be as for other above ground structures, or five feet, whichever is less, provided adjacent property is protected from damage due to excavation, etc. Pool enclosures of more solid or durable material than screening shall comply with the requirements for other above ground structures. For purposes of application, the following shall apply:

1.

In-ground swimming pool setback shall be to the inside face of the pool's vertical wall.

c.

Underground storage tank setbacks shall be ten feet to any wall or surface of the tank, excluding piping.

d.

Commercial kennel setbacks shall be as specified in section 13-634.

(d)

Setbacks from water bodies. See section 13-571.

(e)

Setback adjustments.

(1)

Boathouses. Nothing in this section shall prohibit erection and maintenance of any boathouse on a water shore line, provided such boat house meets the minimum side lot line setbacks for accessory structures.

(2)

Non-residential setback adjustments. Whenever a lot in a non-residential district has a common boundary line with a lot in a residential district, and the property line setback requirement applicable to the residential lot is greater than that applicable to the nonresidential lot, then the lot in the non-residential district shall be required to observe the property line setback requirement applicable to the adjoining residential lot.