§ 58-65. R-1AAA lakefront district.
(a)
Purpose and intent. This district is established within the city to provide areas for single-family dwellings and necessary accessory buildings that minimize impacts on the lakes, which are among the city's greatest assets. The regulations enumerated for this district are designed to promote the construction of and continued use of land for a single-family dwelling and to provide as conditional uses certain structures and uses required to serve the residents, such as churches and noncommercial recreational area. Prohibited are uses of the land that would overburden public facilities or create impacts to adjacent lakes; thus, diminishing their water quality and aesthetic appeal. Areas zoned R-1AAA shall be those existing low-density residential areas adjacent to lakes or other water bodies, plus certain undeveloped areas whose development in a manner prescribed by this district would fulfill the intent of the comprehensive plan.
(b)
Permitted uses. Detached single-family dwellings.
(c)
Accessory uses permitted. Accessory buildings, including private garages to serve the residences, accessory living quarters which contain no cooking facilities, a recreation room, guesthouse, greenhouse, dock, boathouse, swimming pools, spas are permitted. Stormwater retention facilities servicing exclusively uses permitted in this district are permitted. In addition for properties which contain a residence that is 5,000 square feet in gross floor area or larger, a second kitchen may be included in a dwelling or cabana subject to not having a separate utility meter and not allowing this portion of the dwelling to be rented, let or hired out for occupancy whether compensations be paid directly or indirectly and subject to executing a deed restriction which outlines the above restrictions. That deed restriction shall be recorded prior to the issuance of the building permit and shall be removed only with the consent of the city.
(d)
Conditional uses. The following uses may be permitted within this district only after review by the planning and zoning commission and approval by the city commission in accordance with provisions of this article:
(1)
Churches or similar places of worship with necessary accessory structures, but not including mission or revival tents. Churches may not operate day nurseries, kindergartens or schools (grades 1—12) without first receiving conditional use approval for this use.
(2)
Public parks, playgrounds, playing fields and neighborhood municipal recreation buildings and uses in keeping with the character and requirements of the district.
(3)
Libraries, community centers and other public buildings.
(4)
Tennis courts.
(e)
Minimum building site.
(1)
The minimum lot area for the R-1AAA lakefront district shall be 25,000 square feet with a minimum width at the building line, which is the front setback line of the main residence of 150 feet and a minimum frontage at the street and at the lake of 150 feet.
(2)
The creation of new lakefront "flag" lots within this district shall be prohibited. Flag lots are any lot with dimensions at the street less than would exist at the building line front setback for the main residence.
(f)
Site and building improvement regulations.
(1)
Floor area ratio.
a.
Limitations on allowable floor area are established for the following purposes:
1.
To provide adequate living space for single-family dwellings;
2.
To assure that the overall bulk and mass of all buildings on each site will be harmoniously related to the size of the building sites on which they are constructed;
3.
To prevent out-of-scale developments that are inconsistent with the preservation of neighborhood character and open space.
b.
Buildings and accessory structures constructed in the single-family zoning districts shall not exceed a gross floor area based on lot size as follows:
1.
Properties with an area of 11,600 square feet or less shall use a maximum floor area ratio of 38 percent.
2.
Properties with an area between 11,600 square feet to 13,600 square feet shall have a maximum gross floor area of 4,500 square feet.
3.
Properties with an area larger than 13,600 square feet shall use a maximum floor area ratio of 33 percent.
4.
Additional allowance for greater gross floor area may be permitted in accordance with the side setback standards in subsection 58-65(f)(6).
c.
For one-story homes or homes with the second floor located within a sloping roof that has a roof slope of 12:12 or less, the allowable floor area ratio may be increased by up to five percent for properties less than 11,600 square feet in area or properties over 13,600 square feet in area. For homes utilizing this special allowance with lot areas between 11,600 to 13,600 square feet, a gross floor area of up to 5,200 square feet is permitted. Homes qualified to receive this additional special floor area allowance may provide roof dormers with a maximum width of eight feet, occupying up to 45 percent of the roof area within the same roof plane and the dormer(s) must be placed at least 2.5 feet back from the required setback of the home. In addition, one-story homes may utilize a maximum allowable impervious coverage of 60 percent.
d.
Gross floor area shall be defined as the sum of the gross horizontal areas of the several floors of a building or buildings measured from the exterior surface of the walls or columns of open-roofed structures. Basement areas or other below-grade floor areas are excluded when more than one-half of that basement or floor height is below the established existing grade or curb level or edge of street when no curb is present. The area of stairways, elevators and multistory rooms or atriums shall be counted on each floor level. The area within carports, screened or roofed porches and balconies shall be counted, except those areas permitted to be excluded in this article and except as provided in the definitions for "gross floor area".
e.
The area of screen pool enclosures shall not be counted in the floor area ratio. However, the area within screen pool enclosures shall not exceed eight percent of the lot area unless approved by the planning and zoning commission. Properties may exceed the eight percent limitation for screen pool enclosures without planning and zoning commission approval provided the total area of all structures, including screen pool enclosures, does not exceed the combination of the permitted floor area ratio and the eight percent of lot area. This approval shall insure that the screen enclosure and pool equipment is adequately set back, adequately buffered by landscaping, sufficiently designed to accommodate onsite retention, and appropriate in size and scale so as to negate any detriment to adjacent properties.
f.
Floor area ratio on lakefront lots shall only be computed using the site area used for the building. Land area located across a street and separated from the building site shall not be included in the available land area calculation.
g.
The gross floor area of a single-family building shall include the area of stairways, elevators, atriums, and volume ceiling spaces on each floor level, when such height would permit a floor level to exist with seven-and-one-half feet clearance. This is deemed to occur when the interior floor to ceiling height exceeds 17½ feet.
h.
The area within an open street front porch and entry may be excluded from the "gross floor area," subject to the limitations in this paragraph. This exclusion shall be limited to a maximum area of 400 square feet. The area on the first floor within an open or screened rear or open side porch, lanai, porte cochere or other covered area shall not be included within the "gross floor area." This exclusion shall be limited to a maximum area of 500 square feet. On the second floor, rear or side porches must have exterior sides that are 75 percent open in order to utilize up to 300 square feet of the total allowable 500 square feet of excludable gross floor area. An open front porch, entry area or porte cochere utilizing this exemption shall also comply with the provisions in subsection 58-65(f)(5)c.
(2)
Impervious lot or site coverage.
a.
Limitations on allowable impervious lot or site coverage are established for the following purposes:
1.
To provide sufficient area on each building site for landscaping and open space;
2.
To protect existing vegetation including trees;
3.
To assure adequate percolation of rainfall into the soil thereby avoiding excessive erosion or runoff of water onto neighboring properties and promoting aquifer recharge.
b.
Buildings, accessory structures, patios, decks, drives and other impervious surfaces shall not cover more than 50 percent of the total land area of the lot and at least 50 percent of the front yard area must consist of pervious surfaces with landscaping material. In any area of the front yard hard surfaces such as concrete, asphalt, brick, pavers or similar materials and driveways with stone or gravel may cover a maximum of 50 percent of the front yard area. Mulch drives are prohibited. The front yard area includes that area between the front lot line and the front wall(s) or front porch of the home. One-story homes may utilize a maximum impervious coverage of 60 percent.
c.
Impervious lot or site coverage shall be defined as the percentage of the lot land area that is covered with impervious materials such as buildings, swimming pools, decks, patios, driveways, etc. Standard engineering coefficients of permeability may be utilized for mixed surfaces.
d.
On lakefront lots, land located across a street and separated from the building site shall not be included in the available land area calculation.
(3)
Building height.
a.
Limitations on the maximum allowable height of structures are established for the following purposes:
1.
To protect the value and enjoyment of neighboring properties by avoiding excessively massive buildings or buildings which dominate over neighborhood structures;
2.
To preserve reasonable access to light, air and privacy for all properties;
3.
To prevent the inequitable loss of private views or the unreasonable interference with significant public views resulting from excessively tall or poorly planned structures.
b.
Height limits. The following limits shall apply to all height determinations in residential districts:
1.
No building shall have more than two stories except as permitted in this section. Attic area above the second floor within a sloping roof with a maximum slope of 12:12 and within the allowed building height may be air conditioned and finished space and may be excluded from the gross floor area to be used in calculating the allowable floor area ratio. Homes with a mansard- or gambrel-roof types may not utilize this exception. This area shall also comply with the building code.
2.
No building or portion thereof shall exceed 30 feet in height. Exception: homes with a roof slope of 8:12 or greater may be permitted to have two feet of additional building height.
c.
Building height shall be defined as the vertical distance measured from the average elevation of the existing lot grade measured directly adjacent to the front of the building or proposed building.
d.
Properties or lots with at least 80 feet of width at the building line are permitted building heights of 35 feet if the side setbacks are increased to 20 feet. Exception: homes with a roof slope of 8:12 or greater are permitted two feet of additional building height.
e.
Properties or lots exceeding 50,000 square feet in size with at least 100 feet width at the building line may be permitted building heights of 40 feet if side setbacks are increased to 35 feet.
f.
The special side setbacks referenced above shall be measured to the two-story roof component of the building over 30 feet in height.
(4)
Setbacks.
a.
Minimum setback standards are established for the following purposes:
1.
To provide open space on each building site;
2.
To assure a harmonious relationship of buildings on each site to the public right-of-way;
3.
To protect access within building sites for emergency existing and fire protection access.
4.
To protect trees by providing greater area for them.
b.
Effect of setback standards. Setback standards define a yard area on the building site that is parallel and adjacent to the property line from which the setback is measured. Setbacks shall be maintained at not less than the minimum width specified by the setback standard. This minimum yard area shall be maintained as unoccupied space and shall be kept open and unobstructed from the ground upward along its full length and width. Required yard dimensions shall be measured between the property line of the building and that part of any structure or improvement nearest to the property line.
c.
Second-story setbacks. For the purposes of determining required setbacks, a building wall that exceeds 12 feet in height above the natural grade to the wall plate shall be located on a lot so as to be in compliance with the setback requirements for the two-story portion of the building. In the case of a gable end or similar walls, the height shall be measured from the grade to the top plate at the bottom of the gable. Framed or trussed knee walls that add to the height of the wall shall be included when determining the allowable height of the wall.
(5)
Front yard setbacks.
a.
The front setback shall be the average of the adjacent two homes on each side of the subject property located on the same side of street. If one of the four homes is set back 50 percent greater or 50 percent less than the other three homes, then that larger or smaller setback number shall be removed from the average, and the front setback of the three remaining homes shall be used to determine the average. If the adjacent lot is vacant, then the next adjacent home shall be used for the front setback comparison. If the subject lot is a corner lot or one lot away from a corner, then the adjacent three homes shall be used to compute the setback. The front setback shall be measured to the front vertical wall of the home, however, when the adjacent homes have an open front porch qualifying as an open front porch under subsection 58-65(f)(5)c., the front setback measurement shall be made to a point five feet behind the porch column line, and the new home or addition utilizing this front setback average may not include a two-story structure or structural component in front of the main house wall of the existing adjacent homes.
b.
The front setback shall be 25 feet when an average front setback has not been established as described above.
c.
For an open front or street-side yard porch or entry, the front setbacks established above and the street-side yard setback on corner lots may be reduced by up to five feet in order to permit the addition of an open front porch or entry. Properties utilizing this exemption shall record a deed covenant outlining the restrictions precluding the screening or enclosing of such porch or entry. Open front porches or entry areas utilizing this setback exception shall have a maximum height of 12 feet from grade to the wall plate or to the top of the beam above the columns. The gable end walls on these porches may extend an additional maximum height of six feet. In order to exclude open front porches or entry areas from the floor area ratio, the exterior sides of these building elements must be approximately 75 percent open when measured from the floor to the underside of the opening with a maximum enclosed area of three feet above the opening to the wall plate or top of the support beam.
d.
Notwithstanding the required or established front setback for a residence, no garage or carport shall be located so as to provide a front setback or street-side yard setback of less than 20 feet to the garage or carport opening.
e.
See subsection 58-71(i)(3) for provisions on garages and carports.
(6)
Side yard setbacks.
a.
The side setback for one-story homes or the first floor of two-story homes is equal to 25 percent of the lot width in feet equally divided on each side of the home, except the side setback is 7.5 feet for lots which are 60 feet wide or less.
b.
The side setback for two-story homes measured to the second story wall shall be 35 percent of the lot width in feet equally divided on each side of the home, except the second floor side setback is ten feet for lots which are 60 feet wide or less.
c.
Special setbacks to allow increased floor area. In order to allow additional floor area for two-story homes, the required side setback on both floors must increase in feet by one percent of the lot width for each one percent increase in the allowable floor area up to a maximum allowable increase of five percent for properties less than 11,600 square feet in area or for properties over 13,600 square feet in area.
For homes utilizing this special setback allowance with lot areas between 11,600 to 13,600 square feet, use 4,500 square feet of gross floor area as the allowable base area. This base area may be increased to a maximum of 5,200 square feet by increasing the side setback in increments of 140 square feet for each one-percent increase in the side setbacks until reaching the maximum of 5,200 square feet. For example, to allow a gross floor area of 4,640 square feet (4,500 + 140), the required side setbacks must be increased by one percent on both floors which is 26 percent of the lot width on the first floor and 36 percent on the second floor.
Exception to allow five-percent increase in the floor area ratio for narrow lots: Lots which are 60 feet wide or less shall use a second floor setback of 12.5 feet or greater.
d.
General side setback rules. The lot width is measured at the building line across the front of the existing or proposed home. The required setback must be rounded up to the next whole number when the required setback number is one-half foot or greater, and rounded down to the next whole number when the required setback is less than one-half foot. Lots over 200 feet in width shall use the required setback for lots which are 200 feet in width.
e.
One- or two-story homes on lots over 60 feet and up to 110 feet in width which have a first floor side wall height of 11 feet or less measured from the natural grade to the top of the roof sheathing may utilize a side setback of ten feet to the first floor wall. To utilize this setback allowance, homes with a gable end side wall must limit the gable end width to 24 feet and the roof height to 24 feet. The side wall height of a gable end wall is measured from pre-construction existing grade to plate height or to a point 12 feet below the gable roof ridge, whichever is lower in elevation. One-story homes with a flat roof may utilize a side setback of ten feet when the maximum height of the roof is 13 feet.
f.
The table below provides examples of the required side setbacks for various lot widths in accordance with paragraphs "a," "b," "c" and "d" above:
Setbacks Based on % of lot width at 1st and 2nd floors using 25%—35%
Lot width 50′ 60′ 75′ 80′ 90′ 100′ 125′ 175′ 200′ 1st floor setback [25%] 7.5′ 7.5′ 9′ 10′ 11′ 13′ 16′ 22′ 25′ 2nd floor setback [35%] 10′ 10′ 13′ 14′ 16′ 18′ 22′ 31′ 35′ Setbacks Based on % of lot width at 1st & 2nd floors using 30%—40%
Lot width 50′ 60′ 75′ 80′ 90′ 100′ 125′ 175′ 200′ 1st floor setback [30%] 7.5′ 9′ 11′ 12′ 14′ 15′ 19′ 26′ 30′ 2nd floor setback [40%] 12.5′ 12.5′ 15′ 16′ 18′ 20′ 25′ 35′ 40′ g.
Special side setback option for narrow lots (65 feet wide or less) with rear parking areas or garages: Provide a side setback of 11 feet on one side to allow driveway access and provide a minimum setback of six feet on the other side with a side wall height limit of 11 feet measured from existing grade to the top of the roof sheathing and provide a second floor setback of ten feet; or as an alternate for lots 60 feet wide or less provide a minimum setback of eight feet to both floor walls on one side and a minimum setback of ten feet to both floor walls on the other (driveway) side. The driveway may utilize a side setback of one foot subject to not diverting drainage onto the neighboring property. The maximum allowed floor area ratio is permitted when using this option.
h.
For lots with a front to rear sloping topography, an average side wall height of 12 feet measured from the natural or pre-existing site grade to the wall plate may be utilized at the required side setback. Walls averaging higher than 12 feet must be located at the required second floor setback.
i.
Lot width is measured at the front building line across the lot. The building line is located at the required front setback for vacant home sites or properties being redeveloped and at the front building wall closest to the street of the existing homes. If an existing home has an open front porch or carport encroaching into the established front setback as determined above in paragraph (5), then the building line shall be determined to be located five feet behind the front support columns of the porch or carport. For unusual shaped lots such as pie-shaped lots that have a reducing or increasing width toward the rear of the lot, an average lot width may be utilized as measured between the front setback line and the required rear setback line. In addition, the lot width shall be determined by the building director for other unusual lot configurations.
(7)
Rear yard setbacks. The rear setback shall be 25 feet to a one-story structure and 35 feet to the two-story portion of any building. The rear setback may be reduced to 25 feet from 35 feet for two-story components when those consist of a second-story loft or mezzanine that is within the normal scale and height (not to exceed 18 feet) of a typical one-story structure.
The rear setback may be reduced to ten feet when the rear yard of the residential property abuts non-residentially zoned property or property zoned R-3 or R-4, State of Florida railroad property or a permanent stormwater retention area over 25 feet in width.
(8)
Side wall articulation. Each side wall shall provide architectural articulation by stepping the wall plane in or out by at least two feet when the side wall plane and side roof line extend more than 36 feet along the side lot line. The articulation must be provided on one-story walls, on both floors for two-story-high walls, and on the first floor of two-story homes where the second floor is set back from the first floor by at least two feet and includes roof articulation unless the omission of roof line articulation is critical to maintain the architectural style of the home. The inset or projection must extend a distance of at least six feet along the side property line and may continue for another 36 feet of wall length before repeating the articulation. Projections designed to accomplish this articulation requirement must meet the required side setback. The minimum inset or projection is two feet. Bay windows, chimneys or imitation chimneys up to eight feet wide may be utilized to accomplish articulation and may extend up to two feet into the required side setback except where the permitted side setback is six feet or greater. See subsection 58-71(g) for additional chimney setback allowance.
Alternate allowances for articulation:
a.
For existing homes without articulation which have a side wall length of 48 feet or less, extending the existing side wall without articulation is permitted for a maximum additional distance of 12 feet for one-story homes.
b.
A one-story side entry garage set back at least 24 feet from the side lot line with entry door(s) recessed at least eight inches from the plane of the garage wall that faces the side lot line.
c.
Glazed openings covering over 25 percent of the side wall that provide relief in the mass of the wall area by recessing the plane of the glazed surface by at least two inches from the wall plane and with a maximum side wall length of 48 feet.
d.
An open or screened porch having one side in line with the side wall plane or within two feet of the side wall plane at the rear of a one-story home with roof line articulation when the wall plane changes.
e.
Articulation breaks of 12 inches in lieu of two feet including the roof line, combined with the use of contrasting materials with a minimum three-inch depth, such as brick, stone, siding or similar materials that provide relief in the mass of the wall.
(9)
Special setback situations.
a.
Special setbacks exist for corner lots and through lots that may impose more restrictive setbacks for principal and accessory structures, garages, swimming pools and other improvements. See subsection 58-71(h).
b.
Flag lots shall observe a 20-foot setback from the property side parallel to the street on the side closest to the street.
c.
Any residential construction on lots within 200 feet of the lake's edge or with canal frontage shall have the approval of the planning and zoning commission. The setback from the lake's edge for structures other than boathouses, docks, gazebos, or retaining walls shall be the average established by the adjacent lakefront properties within 200 feet of the subject property, or 50 feet, whichever is greater. The planning and zoning commission shall have the authority to approve lakefront and canal front setbacks less than the average to a minimum of 50 feet in accordance with their lakefront review authority.
(g)
Nonconforming lots. Lots of record that have widths at the building line or frontages at the street or lake, or that have lot areas less than that required by this R-1AAA district shall also observe the following provision, in addition to those defined elsewhere in this article.
(1)
When two or more adjoining lots of record with continuous frontage are in a single ownership on or any time after January 23, 1979, and such adjoining lots have a width at the building line or frontage at the street or lot areas less than is required by this R-1AAA district in which they are located, such lots shall be considered as one tract so as to create one or more lots which conform to, or more closely conform to the building line, frontage and area requirements of this district.
(2)
Any single lot of record on January 23, 1979, may be used for a single-family dwelling, provided it has a minimum width at the building line of at least 50 feet. However, such a lot must not have been of continuous frontage with other lots in the same ownership on or at any time after January 23, 1979.
(Ord. No. 2377, § 1, 9-12-00; Ord. No. 2443-01, §§ 1, 8, 10-9-01; Ord. No. 2510-03, § 1, 4-8-03; Ord. No. 2512-03, § 1, 4-8-03; Ord. No. 2590-04, § 1, 7-12-04; Ord. No. 2601-04, § 1, 9-13-04; Ord. No. 2664-06, § 1, 2-27-06; Ord. No. 2705-07, § 1, 3-12-07; Ord. No. 2711-07, § 1, 5-29-07; Ord. No. 2795-10, § 1, 2-22-10; Ord. No. 2875-12, § 1, 6-11-12; Ord. No. 2885-12, § 1, 9-24-12; memo of 4-22-13; Ord. No. 3030-16 , §§ 1, 3, 2-8-16)