§ 2.10.00. Modifications and adjustments of district regulations.

The regulations set forth in this Section modify, adjust or supplement the district regulations appearing in Article 6 of this ordinance.

2.10.01. General modifications.

A.

Yard or court encroachment including roof overhang. Every part of a required yard or court shall be open from its lowest point to the sky unobstructed, except for the ordinary projection of sills, belt courses, cornices, buttresses, awnings, eaves and similar features approved by the county board of adjustment (zoning review and appeals board). None of the above projections shall project into a court more than six (6) inches nor into any yard more than twenty-four (24) inches, except roof overhangs and awnings which may extend forty-eight (48) inches into any yard provided the respective yard is at least ten (10) feet in depth. In no case shall a structure project into a public right-of-way without prior approval by the county commission.

B.

Projecting fire escapes, stairways, balconies, chimneys, or flues. Open or enclosed fire escapes, outside stairways and balconies projecting into a minimum yard or court not more than three and one-half (3½) feet and the ordinary projections of chimneys and flues may be permitted by the building official where the same do not obstruct light and ventilation.

C.

Distance between buildings on same lot. More than one (1) multiple-dwelling may be located upon a lot provided that the horizontal open space between such buildings measured at the closest point shall not be less than twice the side yard required in the district in which such uses are located.

D.

Use of lots less than required size. Any lot of record on the effective date of this ordinance, which contains less land area depth or width than is required in the district in which such lot is located, may be used for the uses permitted in such district.

E.

Sanitary waste disposal. Whenever a lot is not served by an approved sewer, there must be provided such open space as required by Chapter 10(D)(6) (Septic Tank Regulations) of the Florida Administrative Code and as administered by the Santa Rosa County Health Unit for septic tanks with flows of up to five thousand (5,000) gallons per day and drainage field to serve the uses erected on such lot. Such sanitary installation may be located in a front, side or rear yard but not closer than five (5) feet to any lot line.

2.10.02. Front yard modifications.

A.

Lots with double frontage. The front yard regulations shall apply to both streets on through lots or double frontage lots.

B.

Corner lots. A corner lot shall have a front setback equal to the minimum front setback requirement of the zoning district of the lot and a side street setback as determined in Section 2.10.04; provided however, that the buildable width of a corner lot shall not be reduced to less than thirty (30) feet; provided further, that no accessory building on a corner lot shall project beyond the setback line on any street. The front yard shall be determined by the tier of the lots in any block. If undeterminable then the lot owner shall decide the front yard.

C.

Encroachment of porch or terrace. An open, unenclosed and uncovered paved terrace or a covered porch may project into the front yard and rear yard for a distance of not more than ten (10) feet.

D.

Encroachment by gas pumps and pump islands. Filling station pumps and pump islands may be located within a front yard provided they are not less than twenty (20) feet from any street line.

E.

Encroachment by commercial canopies. Canopies, such as gas canopies, may be located within a front yard provided they are not less than twenty (20) feet from any property line.

F.

Encroachment by New Mobile Home Placement. A new individual mobile home placed an as individually owned lot of record that is less than the required minimum size for that district may encroach up to five (5) feet into a required front yard, provided mobile homes are permitted, the mobile home is sited as far into the parcel as possible without encroaching into the required rear yard, and the lot does not abut a major arterial.

2.10.03. Rear yard modifications.

A.

Lots abutting an alley. When a lot abuts upon an alley, one-half (½) of the alley may be considered as part of the required rear yard.

B.

Corner lots. For the purpose of applying rear yard modifications as set forth in this section, the rear yard shall be determined by the line that separates two (2) tiers of lots in any block.

C.

Non-residential lots abutting residential property. In any non-residential district, if the rear property line of a lot abuts a residential district, a rear yard shall be provided equal to the yard required in the residential district it abuts.

2.10.04. Side yard modifications.

A.

Lots less than required width. Whenever a lot in single ownership exists which contains less width than required in the district in which it is located, as outlined in Section 2.10.01.D above, no side yard shall be reduced to less than five (5) feet, providing further that the buildable width shall not be reduced to less than twenty (20) feet.

B.

Buildings with mixed use. Whenever a portion of a building is used for residential purposes, including hotel, motel or transient quarters as well as nonresidential purposes, in such cases the provisions governing residential side yard setbacks shall be applicable.

C.

Corner lots. A corner lot shall have a side street setback equal to fifteen (15) feet or as specified by the zoning district requirement. However, if the side street is a collector road or an arterial road, as described in Section 4.04.03(D), then the side street setback shall be either twenty-five (25) feet for a collector road or fifty (50) feet for an arterial road. The side street shall be determined by the location of the front yard.

2.10.05. Accessory buildings and structures.

A.

Timing of construction and use:

1.

No accessory building or structure shall be constructed upon a lot until the construction of a main building has been commenced, or

2.

On metes and bounds lots two (2) acres or greater in size located within an Agriculture zoning district accessory buildings or structures shall be permitted prior to the commencement of construction of a main building, until the construction permit for a main building has been issued.

3.

Buildings used solely for agriculture purposes (such as for livestock or for storage of farm equipment) on those parcels located in Agriculture zoning districts, regardless of parcel size, shall be allowed to be constructed before the construction of the main dwelling.

B.

Encroachment of yards in lots located in recorded subdivisions or less than one (1) acre in size: Accessory buildings or structures on lots in recorded subdivisions in residentially zoned districts or less than one (1) acre in size may be located within all yards and must observe the following conditions:

1.

Any accessory structure closer than ten (10) feet to the main building shall be construed as part of the main building and shall observe all setbacks required for the main building (refer to Sections 2.10.00, 6.05.00, 6.08.00 and 12.01.02).

2.

Any accessory structure located over ten (10) feet from a main dwelling may be constructed no closer than five (5) feet of any interior side or rear lot line; provided, however, that such accessory buildings may not be located within the front setback. In addition, where the parcel is located on Navarre Beach or is located within the Shoreline Protection Zone. Sections 6.08.00 and 12.01.02 shall prevail. An accessory building used for living quarters (guest house or guest cottage) shall have a front setback of sixty (60) feet from the front property line and shall maintain the same side and rear setbacks for the principle dwelling (refer to Sections 2.10.00, 6.05.00, 6.08.00 and 12.01.02).

3.

Whenever a lot line is also a street line, the required yard for accessory buildings shall be the same for main buildings (refer to Sections 2.10.00, 6.05.00, 6.08.00 and 12.01.02.A).

4.

All pool enclosures (enclosure constructed of metal, wood, or similar type material for framing and consisting of screen mesh or any similar material between framing members making up the roof and walls, and which specifically covers a swimming pool or spa), shall have the same front setback as the principle dwelling and may be erected no closer than five (5) feet from the rear or side property line except if it is a corner side property line then the main building corner side setback shall apply; however, if the main dwelling side setbacks are less than five (5) feet, the pool enclosure may take the same side setbacks as the main dwelling. Where the parcel is located on Navarre Beach or is located within the Shoreline Protection Zone. Sections 6.08.00 and 12.01.02 shall prevail. No enclosure shall be allowed on any easement. All detached pool houses, buildings, and other similar structures must abide by the same setbacks as accessory buildings.

5.

All swimming pools shall have the same front setback as the principle dwelling when measured from the pool's water edge to the property line and may be erected no closer than nine (9) feet from the rear or side property line except if it is a corner side property line then the pool corner side setback shall be four (4) feet more than the established corner side setback for the dwelling; or in the case where the main dwelling's side setback is less than five (5) feet, the pool setback may be reduced to four (4) feet more than the main dwelling's side setback. The distance between the swimming pool and any structure shall be determined according to the current Building Code requirements. In addition, where the parcel is located on Navarre Beach or is located within the Shoreline Protection Zone. Sections 6.08.00 and 12.01.02 shall prevail.

6.

Gazebos may be permitted in the front yard provided they meet the setback requirements for main structures (refer to Sections 2.10.00, 6.05.00, 6.08.00 and 12.01.02.A).

7.

All above ground storage tanks may not be located in any front yard, and must meet the same rear and side setbacks as the principle building, except in agriculture districts.

C.

Accessory buildings or structures on lots one (1) acre or greater in size and not located in a recorded subdivision in a residentially zoned district, may be located in any yard subject to the following conditions:

1.

Accessory buildings or structures must observe the front yard requirements for the main building (refer to Sections 2.10.00, 6.05.00, 6.08.00 and 12.01.02).

2.

Accessory buildings or structures may be located no closer than five (5) feet of any interior side or rear lot line. Where the parcel is a corner lot, is located on Navarre Beach or is within the Shoreline Protection Zone, Sections 2.10.00, 6.08.00 and 12.01.02 shall prevail.

D.

Placement of an accessory structure on a lot contiguous to a lot with a principal dwelling unit shall be allowed as long as the lots are under the same ownership and shall use the same principle dwelling front, side and rear building setbacks on the contiguous lot (refer to Sections 2.10.00, 6.05.00, 6.08.00 and 12.01.02).

E.

Accessory structures located on lots less than two (2) acres in size shall be smaller in total floor area than the main dwelling unit.

F.

Accessory structures are subject to the height limit of the zoning district in which they are located.

(Ord. No. 93-04, § 1, 2-11-93; Ord. No. 95-25, § 1, 9-14-95; Ord. No. 96-30, § 1, 10-24-96; Ord. No. 98-17, § 1, 10-22-98; Ord. No. 99-11, § 1, 6-10-99; Ord. No. 2000-17, § 1, 9-24-00; Ord. No. 2003-28, § 1, 12-8-03; Ord. No. 2007-34, § 1, 10-25-07; Ord. No. 2008-36, § 1, 10-23-08; Ord. No. 2016-03 , § 1, 1-28-16)