§ 7.02.04. Building setback, yard and height requirements.

A.

Minimum setbacks between buildings.

1.

The minimum distance between adjacent principal buildings shall be fifteen (15) feet. The minimum distance between a principal building and its accessory building shall be six (6) feet.

2.

Distance shall be measured at the narrowest space between structures, whether a main living unit, principal structure, an allowable attachment, or an accessory use, and shall not include roof overhang (eave).

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B.

Table of required yards.

Table of Required Yards

[Amended By Ordinance 94-8, 95-1 And 97-2]

Zoning district	Use	Front	Side	Rear	Notes
Agriculture (A)		50′	35′	35′	For all A (A/C) lots except as noted below.
		20′	8′	15′	For A (A/C) lots of record of 1 acre or less located in the urban residential mixed use, commercial corridor mixed use or commercial activity center future land use classifications.
Residential single-fam (RSF)	All	20′	8′	15′
Residential single-fam-Estate (RSF-E)	ALL	35′	25′	25′
Residential mixed (RM)	ALL	20′	8′	15′
Residential mobile home (RMH)	Mobile home subdivision	20′	8′	15′	Buffer zone around entire development also required. See also design criteria in part 7.07.00.
	Mobile home park	15′	8′	10′
Rural residential (RR)	ALL	35′	25′	25′
Residential general (RG)	1 and 2 Family	20′	8′	15′	When town or row houses, side yard applies to end units. Screening or landscaping required for any yard that abuts (single-fam) residentially zoned property. Landscaping required for any yard that abuts a publicly maintained street.
	Three family and multi family	25′	20′	20′
Neighborhood commercial-1 (NC-1)	Commercial	20′	8′	15′	If side or rear yard abuts residentially zoned property, yard is expanded to 20′. Screening or landscaping required for any yard that abuts residentially zoned property. Landscaping required for any yard that abuts a publicly maintained street.
Neighborhood commercial-2 (NC-2)	Commercial	20′	8′	15′
Commercial (C)	Commercial	20′	8′	15′	If side or rear yard abuts residentially zoned property, yard is expanded to 20′. Screening or landscaping required for any yard that abuts residentially zoned property. Landscaping required for any yard that abuts a publicly maintained street.
Commercial 1 (C-1) (light)	Commercial	20′	8′	15′
Commercial 2 (C-2) (heavy)	Commercial	20′	8′	15′
Commercial—Recreational vehicle (C-RV)	R.V. park or subdivision	10′	5′	5′	Buffer zone around entire development also required. See also design criteria in sections 7.07.03 and 7.07.04. If side or rear yard abuts residentially zoned property, buffer is expanded to 20′.
Public service (PS)	ALL	20′	8′	15′	Screening or landscaping required for any yard that abuts residentially zoned property. Landscaping required for any yard that abuts a publicly maintained street.
Industrial 1 (I-1)(light)	ALL	25′	15′	20′	Where yard abuts residentially zoned property, minimum yard is 20′ and no material storage or other activity, (other than automobile parking) shall be permitted in such yard. Screening or landscaping required for any yard that abuts residentially zoned property. Landscaping required for any yard that abuts a publicly maintained street.
Industrial 2 (I-2)(heavy)	ALL	25′	15′	20′	Where yard abuts residentially zoned property, minimum yard is 20′ and no material storage or other activity, (other than automobile parking) shall be permitted in such yard. Screening or landscaping required for any yard that abuts residentially zoned property. Landscaping required for any yard that abuts a publicly maintained street.
Planned development	ALL	N/A	N/A	N/A	Setbacks and buffer zones for each planned development to be determined by board of county commissioners.

 

Notes:

^1. Where any special exception or variance is granted, additional yard requirements may be imposed by the board of adjustments and appeals. This table establishes the minimum yards within a particular zone. Larger yards may be necessary to meet other requirements of this code depending upon the particular use, structure or lot type. See definitions of yards and lots in appendix B.

Rear setbacks may be reduced to 0′ in residential zoning districts when the rear property line abuts a water body or water body right-of-way. A 0′ rear setback is established only to accommodate a structure such as a boat house that is adjacent to or extends beyond the rear property line. Appropriate state agency permits may be necessary in order to erect a structure adjacent to or within a water body or water body right-of-way.

In all other instances where a water body or water body right-of-way abuts a property line, any footer or load bearing component of a structure shall be set back not less than ten feet from the top of bank of the water body or water body right-of-way.

^2. Recreational vehicle parks and subdivisions are permitted only in the urban residential mixed use, commercial corridor mixed use, commercial activity center and resort activity center future land use categories.

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C.

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

1.

Roof eaves may project into a required side yard not more than three feet where the required side yard is eight feet or more in width. Roof eaves may project into a required side yard not more than one foot where the required side yard is less than eight feet in width.

2.

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

3.

Movable awnings may project not over three feet into a required yard, provided that where the yard is less than five feet in width the projection shall not exceed one-half the width of the yard.

4.

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

5.

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 into a required side yard of a multiple-family dwelling, hotel, or motel.

6.

Hoods, canopies, or marquees may project not over three feet into a required yard, but shall not come closer than one foot to the lot line.

7.

Fences, walls, and hedges are permitted in required yards, subject to the provisions of this Code.

8.

Except as provided in part 7.03.03E, nothing in this Code shall be so construed as to prohibit any type of landscaping or private, nonprofit gardening on any lot.

9.

Except as may be specifically provided in the schedule of district regulations for the particular district involved, uncovered accessory automotive parking may encroach into a required rear yard or side yard, provided that, for any type of development other than a single-family dwelling, any such encroachment maintains a minimum setback of five feet from side or rear property lines and provided that the remainder of the minimum five-foot side or rear yard is sodded. This provision is not intended to conflict with section 7.03.04(B) of this Code and shall not be construed to prohibit shared or connecting access, driveways or parking areas.

10.

For any type of development other than a single-family dwelling, uncovered accessory automotive parking may encroach into a required front yard or second front yard provided that any such encroachment maintains a minimum setback of ten feet from a front or second front property line and provided that the remainder of the minimum ten-foot front yard or second front yard is sodded and landscaped. This provision shall not be construed to supersede requirements for a clear visibility triangle when applicable pursuant to section 7.03.03(E).

D.

Table of maximum structure heights. [Amended by Ordinance 94-8]

Zoning District	Use	Height
Agricultural (A)	All	Unlimited
Residential single-family (RSF)	All	45′
Residential single-family-estate (RSF-E)	All	45′
Residential mixed (RM)	All	45′
Rural residential (RR)	All	45′
Residential general (RG)	1 and 2 family	45′
	Multifamily	45′
Neighborhood commercial-1 (NC-1)	All	45′
Neighborhood commercial-2 (NC-2)	All	45′
Commercial (C)	Commercial	45′
Commercial 1 (C-1) (light)	All	45′
Commercial 2 (C-2) (heavy)	All	45′
Commercial-recreational vehicle	All	45′
Public service (PS)	All	Unlimited
Industrial 1 (I1) (light)	All	45′
Industrial 2 (I2) (heavy)	All	Unlimited

 

Notes:

^1. Heights provided are maximums and may be exceeded by grant of a special exception. Further restrictions may be placed upon height by other provisions of this Code. See also article III, Airport Overlay Zone.

E.

Exclusions from height limits. The height limitations contained in the subsection D above do not apply to spires, belfries, cupolas, flagpoles, antennas, water tanks, ventilators, chimneys, or to other appurtenances usually required to be placed above the roof level and not intended for human occupancy; provided, however, the heights of these structures or appurtenances thereto shall not exceed any height limitations prescribed by the Federal Aviation Administration or airport regulations within the flight-approach zone of airports. See article III, Airport Overlay Zone and "Building, height of," in glossary.)

(Ord. No. 94-8, § 1 (7.02.04D), 10-5-94; Ord. No. 95-1, § 1 (7.02.04B), 6-8-95; Ord. No. 97-02, § 1, 2-27-97; Ord. No. 98-07, § 1, 10-8-98; Ord. No. 2002-04, § 1(Exh. A), 9-26-02; Ord. No. 2005-12, § 2(Exh. A), 7-28-05)