Mechanical Equipment Encroachment

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 24hrs (please speak slowly and clearly when leaving a message).


Subdivisions currently zoned Planned Development (PD) must comply with the following regulations.

  1. 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.
  2. 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.
  1. 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
  2. All generators shall have user preselected exercise times limited between the hours of 10:00 am – 4:00 pm
  1. 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.

    1. The drainage exhibit shall show the following:
      1. The location of the proposed mechanical equipment on the property and adjacent properties with full measurements.
      2. existing elevations; and
      3. drainage arrows; and
      4. existing landscaping; and
      5. existing gutters; and
      6. a detailed cross section through the proposed mechanical pad, from the existing single-family building to the adjacent single-family building; and
      7. any other elements that are located between homes.
      8. These requirements may be modified if an acceptable alternate plan is provided
  1. 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:
    1. 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.
    2. Show the end or sidewall of the neighboring house or building adjacent to the applicant’s home. 
    3. Show all existing window and door openings on both the applicant’s end wall and the adjacent properties end wall to scale.
    4. 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.
    5. Gutters and downspouts on the side of the homes to reroute drainage to the front and back of the home, as required.
    6. Install yard drain(s) and piping, as required.
    7. Landscaping alterations to ensure proper drainage flow.
    8. Property line survey.
    9. A final grading/engineering inspection prior to Certificate of Completion of building permit.
    10. Items a-i above may be modified if an acceptable alternate plan is provided.