The Land Development Code regulates Mechanical Equipment (def.) permitted encroachment as follows.
Sec. 4-1892. – Measurement; permitted encroachments.
All setbacks shall be measured to the nearest point of a building or structure. Notwithstanding this section, none of these encroachments may be placed if the structure will violate the state building code or the state fire prevention code. Encroachment into the setback shall be permitted as follows:
(7) Mechanical equipment. Mechanical equipment that is placed on an exterior concrete pad may be permitted to encroach a maximum of 3½ linear feet into the rear or side yard setbacks provided that the setback is greater than 7½ feet. For purposes of this section, mechanical equipment includes heating, ventilating and air-conditioning (HVAC) units, swimming pool equipment and back-up electrical generators. It does not include chimneys or oven exhaust systems.
Conventionally zoned properties must comply with the above requirement or apply for a public hearing variance.
For additional information relative to application and/or regulations, kindly contact the planner-on-call by dialing (239) 444-6166. The planner assigned will return your call within 24 hours (please speak slowly and clearly when leaving a message).
Subdivisions currently zoned Planned Development (PD) must comply with the following regulations (except those listed in Existing ADDs tab below).
Encroachments are allowed for legally approved PUD’s and PD’s or specific portions thereof that require a side setback of less than 7 ½ feet as outlined in the development standards and conditions outlined below. This specifically prohibits property approved as part of a zero lot line pattern of development.
Any new mechanical equipment must be offset and not directly aligned with other mechanical equipment on adjacent property. The offset measurement shall be no less than three (3) feet between equipment. The measurement must be indicated on the site plan and drainage exhibits provided to the City of Bonita Springs during the permitting process, as required in this subsection. This encroachment only applies to mechanical pads to be constructed at finished grade, or within 18” of finished grade. This does not permit the creation of cantilevered pads over 18” above finished grade.
Unless the subject property is odd-shaped, mechanical equipment setback from the property line (resulted below), should never exceed the principal structure setback.
House setback (measured from property line):*
Equipment depth (measured from outer edge):*
Equipment separation from house (enter zero if not applicable):*
RESULT: Equipment setback from property line:
*ATTENTION: Result field (above) cannot be less than 1ft from property line.
Approved ADD subdivision setback information
Bonita Beach Road Estates
1 ft minimum side-yard setback permitted.
10 ft between other mechanical equipment on same and/or adjacent property.
For additional information, select 'Existing ADDs' below.
Bonita Lakes
0 ft side-yard setback permitted.
3 ft separation from other mechanical equipment on adjacent property.
For additional information, select 'Existing ADDs' below.
Cordova at Spanish Wells
0 ft side-yard setback permitted.
3 ft separation from other mechanical equipment on adjacent property.
For additional information, select 'Existing ADDs' below.
Quail West
The following language is to be used ONLY for Quail West Perpetual Easement encroachment of ‘any’ structure (inclusive of roof overhang), limited by amount of encroachment approved in writing by Quail West. PUEs, Drainage, etc. require formal ADD process.
Quail West Perpetual Easement (QWPE) dedication language in QUAIL WEST. In order to issue a permit that encroaches into the QWPE, a letter from Quail West Development Company, LLC (or their heirs or assigns) releasing the portion of the easement (as requested in the application) is required. The letter must be recorded with the Lee County Clerk of the Court. The release of easement is only effectual if it does not conflict with any City rules or regulations.
For additional information, select 'Existing ADDs' below.
Seasons/Bonita Landing
1 ft minimum side-yard setback permitted.
10 ft between other mechanical equipment on same and/or adjacent property.
For additional information, select 'Existing ADDs' below.
Wildwood RPD
2 ft side-yard setback (maximum 3ft encroachment permitted).
For additional information, select 'Existing ADDs' below.
In addition to the above, every effort shall be made to site generators at the furthest possible distance from the abutting single-family dwelling unit’s windows and/or doors; and
All generators shall have user preselected exercise times limited between the hours of 10AM – 4PM
At time of building permit, applicants shall submit a narrative and drainage exhibit showing how the installation of the mechanical equipment does not impede flow of drainage.
The drainage exhibit shall show the following:
The location of the proposed mechanical equipment on the property and adjacent properties with full measurements.
existing elevations; and
drainage arrows; and
existing landscaping; and
existing gutters; and
a detailed cross section through the proposed mechanical pad, from the existing single-family building to the adjacent single-family building; and
any other elements that are located between homes.
These requirements may be modified if an acceptable alternate plan is provided
In addition to the submittal requirements of Sec. 4-1892(7)(d), when mechanical equipment is proposed to be located less than 5’ from the property line, the following are required:
An elevated, open-style platform for the mechanical equipment to ensure drainage is not obstructed, as required. The elevated platform must provide a minimum of 1’ of clearance area under the pad so drainage may pass. The area under the platform must be maintained at all times.
Show the end or sidewall of the neighboring house or building adjacent to the applicant’s home.
Show all existing window and door openings on both the applicant’s end wall and the adjacent properties end wall to scale.
Show all existing equipment in plan view only and all existing exterior equipment, as well as the proposed mechanical pad location. Both existing and proposed mechanical pads must be to scale and be dimensioned as to distance from closest part of equipment to nearest window or door opening. In addition, dimension how close the equipment is to the rear corner and front corner of the home.
Gutters and downspouts on the side of the homes to reroute drainage to the front and back of the home, as required.
Install yard drain(s) and piping, as required.
Landscaping alterations to ensure proper drainage flow.
Property line survey.
A final grading/engineering inspection prior to Certificate of Completion of building permit.
Items A-I above may be modified if an acceptable alternate plan is provided.
The following methodology is highly recommended when submitting measurements for mechanical equipment as defined (all measurements must add-up – see below). Additionally, when providing measurements, use standard feet/inches OR decimal measurements, not both combined.
For purposes of this section, mechanical equipment includes heating, ventilating and air-conditioning (HVAC) units, swimming pool equipment and back-up electrical generators. It does not include chimneys or oven exhaust systems.
First: Provide existing house setback measurement from property line (as an example, we’ll use 7.5 ft)
Second: Provide total measurement of mechanical equipment measured from home to outer edge of equipment, (as an example, we’ll use 3.0 ft). NOTE: For generators, factor-in separation from home requirement.
Third: Provide setback from outer edge of equipment (furthest from home) to property line.
Fourth: Provide measurement from outer-edge of equipment to other equipment on adjacent property (some subdivisions may also require separation requirement from mechanical equipment on same property. Govern accordingly)
Example:
7.5 ft (existing house setback from property line) 3.5 ft (minus outer edge of equipment measured from home)
——— 4.0 ft (equals distance from outer edge of mechanical equipment to property line)
Where no mechanical equipment exists on abutting property, such must be called-out and the following clearly illustrated (NO MECHANICAL EQUIPMENT ON ABUTTING PROPERTY). Finally, sub-divisions may also require measurements from mechanical equipment on the same property. If so, this must be labeled and clearly delineated.
This will assure a speedy review process and avoid delays in the permitting review process. If you have any questions in this regard, please reach out to our planner-on-call by dialing (239) 444-6166 and one of our professional planners will gladly assist you.
The following is a running-list of planned development subdivisions which are permitted (via ADDs and Ordinances), encroachment of mechanical equipment (def.) for lots not satisfying the minimum required 7.5 ft side-yard setback per LDC. Sec. 4-1892(7).
LDC. Sec. 4-1892. – Measurement; permitted encroachments.
(7) Mechanical equipment. Mechanical equipment that is placed on an exterior concrete pad may be permitted to encroach a maximum of 3½ linear feet into the rear or side yard setbacks provided that the setback is greater than 7½ feet. For purposes of this section, mechanical equipment includes heating, ventilating and air-conditioning (HVAC) units, swimming pool equipment and back-up electrical generators. It does not include chimneys or oven exhaust systems.
10 ft between other mechanical equipment on same and/or adjacent property
Generators: Must remain furthest distance from abutting single-family dwelling windows and doors. Exercise times limited between 11AM and 5PM.
Must provide location of mechanical equipment on the property and adjacent properties with full measurements to demonstrate compliance (applies to properties exercising the 1ft setback option).
Bonita Beach Active Adult (Bonita Landing/Seasons) RPD ADD17-43574-BOS
1 ft side-yard setback permitted
10 ft between other mechanical equipment on same and/or adjacent property
Generators: Must remain furthest distance from abutting single-family dwelling windows and doors. Exercise times limited between 11AM and 5PM.
Must provide location of mechanical equipment on the property and adjacent properties with full measurements to demonstrate compliance (applies to properties exercising the 1 ft setback option).
2 ft side-yard setback (maximum 3 ft encroachment permitted)
Quail West Perpetual Easement Encroachment Language
The following language is to be used ONLY for Quail West Perpetual Easement encroachment of ‘any’ structure (inclusive of roof overhang), limited by amount of encroachment approved in writing by Quail West. PUEs, Drainage, etc. require formal ADD process.
Quail West Perpetual Easement (QWPE) dedication language in QUAIL WEST. In order to issue a permit that encroaches into the QWPE, a letter from Quail West Development Company, LLC (or their heirs or assigns) releasing the portion of the easement (as requested in the application) is required. The letter must be recorded with the Lee County Clerk of the Court. The release of easement is only effectual if it does not conflict with any City rules or regulations.
If you have questions regarding this matter, please contact Jay Sweet, PSM and AICP at (239) 444-6178.
