§ 50-680. Yard regulations.

(a)

Generally. Every part of a required yard must be open to the sky, unobstructed except for accessory buildings in a rear or side yard, and except for the ordinary projection of open porches, balconies, steps, sills, belt courses, cornices and for ornamental features, projecting is not to exceed four inches.

(b)

Side yards.

(1)

Side yard width may be varied. Where the side wall of a building is not parallel with the side lot line or is broken or otherwise irregular, the side yard may be varied. In such case, the average width of the side yard shall not be less than the otherwise required minimum width; provided, however, that such side yard shall not be narrower at any one point than one-half the otherwise required minimum width.

(2)

Side yard of corner lot. Any corner lot shall have a side yard equal in width to the minimum front yard setback of any adjoining lot fronting on the side street.

(3)

Coastal construction setback. Any structure to be located with a coastal high-hazard area (the velocity or V-zone), as designated by the Federal Emergency Management Agency, shall provide a 75-foot setback from the shoreline and no beaches, or dunes may be altered by development.

(c)

Transition yard requirements.

(1)

Front yard. Where a residence district abuts a nonresidence district, there shall be provided in the nonresidence district for a distance of 50 feet from the district boundary line a front yard at least equal in depth to that required in the residence district.

(2)

Side and rear yards. Where a residence district abuts a nonresidence district, there shall be provided in the nonresidence district a side yard and/or a rear yard along the entire boundary a side yard and/or rear yard at least equal in depth to that required in the residence district. In addition, at such time as the nonresidence district is developed or used, a buffer shall be installed as required by Future Land Use Objective 3, policy 3.2, of the county comprehensive plan. The buffer may be either a landscaped and irrigated berm meeting those standards established by figure 5, which is on file with the clerk of the board of county commissioners, or an opaque fence of masonry construction at least six feet high, or a combination of berming and fencing.

(d)

Right-of-way protection. The county comprehensive plan requires development to be set back a distance to protect the function of each road. All roads in the county have an assigned functional classification and right-of-way requirement as follows:

Road Class or Designation	Highway Right-of-Way	2, 50′ Frontage Roads	Total
Principal arterial	250	100 feet	350
Minor arterial	242	N/A	242
Collector	80	N/A	80
Local	60	N/A	60

 

Some state roads designated as principal arterials or a part of the intrastate highway system are deficient in right-of way width; in addition, all such roads are intended by the board of county commissioners to be provided with frontage roads. No change of zoning will be considered, and no development permits will be issued (in those instances where no change of zoning is required prior to issuance of development permits), unless and until:

(1)

The owner dedicates any right-of-way deficiency to the state department of transportation and documents that such dedication is acceptable to the state department of transportation.

(2)

A frontage road reservation or dedication, whichever is appropriate pursuant to section 50-665, is provided by the owner. Some county and state roads, other than principal arterials and intrastate roads, currently have an inadequate right-of-way width; therefore, development proposed on such roads shall be setback a distance equal to one-half the right-of-way width described in this subsection plus the required setback as established within schedule 2 of this division. The developer shall dedicate one-half the right-of way necessary to eliminate the deficit.

(1991 LDR ch. 79, § 5.02; Ord. No. 2007-03, § 21, 7-17-2007)