§ 23-522. Accessory structures, residential properties.  

Effective on Wednesday, September 19, 2018
  • See subsection 23-501(b)3. for accessory structures on mixed-use properties.

    a. Location and setbacks. Accessory structures on residential properties shall not be located within the front yard except as otherwise noted and shall maintain a five-foot setback from any side or rear property line, except as otherwise noted.

    b. Waiver of front yard requirements. Where lots within a subdivision have functional rear yards backing up to an exterior street and have functional front yards gaining access from an interior street, the planning board may grant approval for the functional rear yard to be considered a rear yard for the purposes of accessory structure locations and setbacks, provided a landscaped buffer is approved along the exterior street. The buffer shall be designed to provide a solid, continuous, screen of at least four (4) feet in height within two (2) years of planting. The buffer shall be as approved by the planning board, and shall meet the minimum standards for a "buffer along streets exterior to a development" in subsection 23-307.2.b.

    The buffer shall not be included in calculations of lot area. Setbacks shall be measured from the interior edge of the buffer. (See Figure 23-522(b)).


    c. Ground coverage. Structures shall be limited by the ground coverage maximums listed in Table 23-422A, "Dimensional and Area Standards - Residential Districts."

    d. Types of structures. Accessory structures which are permitted in conjunction with a residence include, but are not limited to, those listed in Table 23-522, and such structures are subject to the restrictions as indicated. If the type of structure proposed is not listed on the applicable table, the administrative official must make a determination whether the proposed structure is compatible with a residential neighborhood.

    TABLE 23-522

    Accessory unit, detached apartment or guest house, including apartment above garage (See Table 23-521.) Requires special exception use permit.
    Decks and patios2 Decks and patios, whether or not attached or adjacent to a principal building, that have a floor one foot or more above grade shall meet the setback requirements for principal building (See Table 422A) in a front yard and a five-foot setback in a rear or side yard.
    Detached carports and garages1 Limited to one structure only, footprint not to exceed 600 square feet or 40% of the footprint of the principal structure, whichever is larger.On lots greater than two (2) acres in size, the accessory structure may be 1.25 times the size of the principal building.Garages and carports must meet the setback requirements for principal buildings.
    Accessory unit, including apartment over garage (See Table 23-521.) Requires special exception use permit
    Docks and piers Subject to requirements of section 23-523
    Doghouses, pens and other structures for the housing of pets, not including kennels or animal farms1 Subject to requirements of Chapter 6, Animals, Lake Wales Code of Ordinances.
    Driveways and parking areas Driveways and parking areas are permitted in the front yard; all driveways and parking areas are subject to requirements of subsection 23-306.1(b).
    Dumpster enclosures1 Permitted only for multi-family dwellings; must be screened from view with fencing and landscaping.
    Fences and hedges Subject to requirements of section 23-524
    Garbage can enclosures1 Must be screened with fencing and landscaping.
    Gazebo, lanais and similar structures2  
    Recreational facilities such as tennis courts, shuffleboard courts, playground equipment etc.2  
    Retaining walls Structures meeting the definition for "retaining wall" (See section 23-802) shall meet the setback requirements for a principal building (See Table 422A) in a front yard and a five-foot setback in a rear or side yard.
    Satellite dishes or antennas Subject to requirements of section 23-525
    Signs Subject to requirements of section 23-526
    Solar collectors  
    Storage buildings, greenhouses, utility sheds or bath houses1 Storage and utility sheds not to exceed 200 sq ft; limit 2 per residence.
    Swimming pools, above ground1 in-ground2 Subject to requirements of section 23-527



    All accessory structures must be at least five (5) feet from any lot line.

(Ord. No. 2007-02, § 18, 3-6-07; Ord. No. 2008-45, § 19, 12-16-08; Ord. No. 2018-07, § 6, 09-19-18)


Permitted in front, side and rear yards provided setback requirements for principal structures are met. In cases where the front setback of the dwelling unit is less than required in the zoning district, the minimum required front setback for the garage or carport shall be the front building line of the dwelling unit.

Permitted in front yards provided front yard setback for a principal structure is met. Pools in front yards shall be screened.