I continue to be amazed at the number of Buyers who are never informed by their agent that Seminole Heights has Zoning Restrictions in the the form of Seminole Heights Residential Overlay District. I am amaze as well that Sellers are not told that this is something to disclose on their property disclosures. The question is "are you aware of and Zoning restrictions?" For most of Seminole Heights the answer would be YES.
Some agents think they are covered because they just call the whole area a historic district. That too is incorrect. The local historic district rules are much more detailed and comprehensive. National districts don not come with any restrictions, that is where the overlay district standards provide some minimal guidelines.
Do you really want to be surprised after a closing because something you wanted to do with your property you are not allowed to do? Wouldn't you have preferred if that you used to purchase the home knew enough to tell you about it or where to review the guidelines?
How about if you sold the home and were never informed that you new to disclose that there are restrictions? Do you really want to face the prospect that a buyer wants you to compensate them for your failure to disclose?
Was your agent really the "Seminole Heights neighborhood expert" that he or she claimed?
Below are the guidelines if you are considering Buying or Selling in Seminole Heights. (Oh and if you are looking to buy in the local historic district, I have a copy of the design guidelines)
Seminole Heights Residential Overlay District standards are not complex but these rules/restrictions can impact owner's plans for new construction and additions. Not being advised of this prior to purchase can lead to very unhappy buyers. The 11 items currently in the ordinance are:
1.The building fronts of all new residential structures shall be oriented towards the front yards of the zoning lot.
2.Front yard setbacks shall be determined by block averaging. The underlying zoning district shall define all other setback requirements.
3.Carports: One-story, unenclosed carports constructed as part of the principal structure ("portecochere") may be placed within three feet of the side yard property line.
4.Attached garages: The structural edge of the vehicular entrance to the garage, carport, or other vehicular storage area, when oriented to the front yard, shall be constructed no closer to the street than the front wall of the principal structure.
5.Fencing: The erection new of chain link fencing within the front yards of residentially zoned lots is prohibited.
6. Alley access: If an existing lot is adjacent to an open and used public alley, vehicular access to the site may be provided from the alley as the primary access point.
7. Roof pitch: Minimum roof pitch for new principal structures shall be a minimum of 6:12 (ratio of rise to run). Flat roofs with parapet walls shall be permitted on new principal structures. Roof pitches for additions which increase the gross square footage of the principal structure shall match the pitch of the existing roof.
8.Floor height: The finished floor height of all new principal structures shall be a minimum of eighteen (18) inches above the finish grade at the front building face.
9.Parking: No driveway shall be constructed from the road to the front yard face of the principal structure unless providing vehicular access to an attached garage or carport.
10.Accessory structure: The maximum height of an accessory structure shall be twenty-two (22) feet six (6) inches (can be exceptions).
11.Ribbon driveways: Single car "ribbon driveways" may be constructed at a minimum overall width of nine (9) feet with six (6) feet wide apron flares on the right-of-way.
I hope you find this helpful and when you are ready to Buy or Sell
, I look forward to working with you as your Neighborhood Expert in Seminole Heights.
Rick Fifer, 813-758-7444
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