A. If the site is adjacent to a major arterial roadway, the front setback for the site will be that portion abutting the arterial roadway in all zoning categories.
B. The structure may be built on the property line provided the owner shall grant an attachment easement to the adjacent property owner(s) in Tourist Commercial and General Commercial only.
C. Minimum Setbacks Between Buildings
1. The minimum distance between adjacent buildings shall be ten (10) feet, except that no setback between buildings is required where an attachment easement has been created pursuant to paragraph B of this Section.
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).
3. Residential structures built either on Tourist Commercial, or General Commercial, property must adhere to Residential building setback requirements as shown in Section 2.02.02 with the exception of front setbacks. The front setback remains twelve (12) feet.
D. Minimum Setbacks for Conservation District
Building setbacks may be greater than stated above when building on sites next to or containing environmentally sensitive land. These setback requirements are listed in Sections 5.02.03-B, 5.03.05-B4, 5.02.05-B, and 5.02.05-2A of this Code.
E. Limited Setback Waiver
For twenty-four (24) months following the effective date of Ord. 781, the City will continue to consider development order applications with reduced setbacks as provided below and may approve those applications if all of the following requirements are met:
1. The limited setback waiver allows a new primary structure to be built in the same footprint as the previous primary structure as that footprint existed on October 9, 2018;
2. This waiver does not apply if the use of the property will change (e.g. building a dwelling unit where a business was located or building a business where a dwelling unit was located);
3. This waiver does not apply if the number of dwelling units on the parcel will increase;
4. This waiver does not apply to accessory structures, which must comply with the applicable current rules;
5. This waiver follows the land, rather than being personal to an owner;
6. The waiver expires upon the expiration of the development order, but if the project was constructed pursuant to the development order, it will be protected by the City's regular non-conforming use rules thereafter;
7. The request for this limited setback waiver must be part of normal development order application and only the regular application fee will apply to it;
8. Applicants must complete forms prescribed by the City Administrator or her designee and provide surveys, building plans and other relevant documents if requested to either confirm the boundaries of the prior building footprint or its distance from the property boundaries or to determine whether the requirements of this ordinance have been met;
9. All development orders granted with this limited setback waiver shall state that the requirements of this ordinance have been met and shall describe the reduced setbacks or buildable area applicable to the parcel; and
10. The City shall deny any application that does not strictly meet the requirements of this ordinance, but such requests may be considered under standard variance procedures upon subsequent application by the owner.
Approval of this limited setback waiver does not reduce or modify any obligation to comply with all other rules promulgated by the City and the Florida Building Code.
(Ord. 711, passed 2-5-2019; Ord. 781, passed 4-12-2022)