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 (except those listed in Existing ADDs tab below).

  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.

Mechanical Equipment Setback Calculator – Decimal Measurements ONLY.
Unless the subject property is odd-shaped, mechanical equipment setback from the property line (resulted below), should never exceed the principal structure setback.