§ 65.302. Where Modification of Standards Procedures Apply.

The Modification of Standards procedures of this Part shall apply to the following types of uses and activities:

(a)

The procedures shall apply to all uses specified as permitted uses in the Table of Allowable Uses.

(b)

The modification of standards requirements shall apply to the following land development standards:

1.

Principal Building Setbacks. Up to 20% of the setback requirement. In no case shall the side yard setback be less than 5 ft. for conventional one and two family development. No modification of the required 50 ft. principal building setback from a natural surface water body or retained wetland shall be permitted.

2.

Accessory Building Location Standards. Up to 20% of the setback requirement. The maximum floor area of accessory structures may be increased from 400 sq. ft. up to 500 sq. ft. without meeting principal building setbacks.

3.

Fence Height. Up to 2 ft. above the maximum fence height permitted by Section 58.929. In association with a fence height request, pillar and post height may be modified by a corresponding amount, provided the pillars or posts are not less than 8 ft. apart.

4.

Parking, Loading, and Driveways. Up to 10% of the number of required parking spaces or 2 spaces, whichever is greater. Handicapped parking spaces shall be eligible for modification of standards, provided such modification does not reduce the number of spaces or the dimensions of spaces below the standards of the Florida Accessibility Code for Building Construction or the Federal Americans with Disabilities Act requirements. Modification of driveway and driving aisle width, parking space width and depth, and loading berth requirements shall be permitted. Driveway and driving aisle width modifications shall also require approval by the Transportation Official.

5.

Landscaping and Bufferyards. Locational and dimensional requirements of required landscaping areas may be reduced up to 50% of the required width. Required plantings shall be provided but may be relocated.

6.

Air Conditioning Units Location. Air conditioning compressors may be located in the street side yard but shall not be located in the required front yard.

7.

Lot Depth. Minimum lot depth may be reduced, but not in a manner that would reduce the lot area below the requirements of the zoning district.

8.

Certain Additions to Principal Buildings. Additions to existing principal buildings which do not have heating, ventilation or air conditioning may be constructed using the accessory structure setback standards contained in Chapter 58.

9.

Certain Accessory Buildings . Two story accessory buildings in residential zoning districts may have the same rear yard setback as the required side yard setback providing the following is found to be true:

i.

The property is not located within an historic preservation district, and

ii.

The second story heated and cooled space is not greater than 500 square feet, and

iii.

No major trees are to be removed, and

iv.

The accessory structure is in compliance with all other codes.

(Ord. of 9-16-1991, Doc. #25102; Ord. of 4-20-1992, Doc. #25638; Ord. of 11-28-1994, Doc. #28066; Ord. of 5-11-1998, Doc. #31215; Ord. of 3-28-2005, § 3, Doc. #050328903; Ord. No. 2010-33, § 6, 8-30-2010, Doc. #1008301102; Ord. No. 2018-44, § 8, 9-4-2018, Doc. #1809041202)