Municipalities UDO setback requirements.

Municipalities UDO setback requirements.

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Sunset Beach updated their Unified Development Ordinance in September 2023. There is no grandfather clause(s). Recently a Sandpiper Bay homeowner applied for a variance related to property set back. Most of our lots were built on with a 5 ft side setback. The current UDO specifies a 7.5 ft setback. The town’s Board of Adjustment denied the variance. We asked our attorneys to review the UDO. They confirmed there is no grandfather clause and yes, the Board of Adjustment could deny the variance.
This means if you want to add an enclosed porch to the back of your house, as many homeowners already have, it will likely not meet the 7.5 ft side set back and any variance request will be denied.
Have other ABCPOA member communities come up against this with their local municipalities?

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Cliff Mallam Posted by Cliff Mallam (Questions: 6, Answers: 32)
Asked on March 28, 2025 2:52 pm
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Answers (4)

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Most of sunset Ridge is in the County and they are still at 5 foot. The parts in Sunset Beach municipality or townhomes and paired villas so there is not much structural expansion to their homes.

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Elvio Bruni Posted by Elvio Bruni (Questions: 1, Answers: 7)
Answered on March 28, 2025 5:57 pm
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Winding River Plantation established setbacks standards, which are not based upon municipality UDOs.

WRP Setback Requirements
The purpose of a setback is to provide an envelope of privacy around each lot by determining the minimum distance from each house to the street, adjacent properties, and golf course. All structural footprints, including porches, patios, terraces, decks, steps, HVAC, and garages must be sited within the setbacks. Landscaping, lawn furniture, lawn and garden features may be placed in a setback area.
The only structures permitted to be located in a setback are driveways, mailboxes, fences, and a walkway. No other permanent structural features requiring a footer or foundation may be located in a setback. Setback distances and impervious surface requirements vary throughout the community.

Setback and Impervious Area Requirements
[Average setback - Varies by lot location within community]
Side Corner Setback - 15’ – 20’
Rear Setback - 25’ – 30’
Rear Golf Course Setback - 40’
Front Setback - 25’ – 40’
Side Setback - 7’ – 10’

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Peggy Dotson Posted by Peggy Dotson (Questions: 0, Answers: 1)
Answered on April 1, 2025 7:40 am
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St. James has varying setbacks depending on neighborhood:

Front: 15' - 40'
Side: 5' - 10'
Corner: 10' - 15'
Rear: 10' - 40'
Golf: 30' - 40'

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Stephen Brocker Posted by Stephen Brocker (Questions: 1, Answers: 27)
Answered on April 10, 2025 10:51 am
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At Winding River: Overall no, as we impose more stringent guidelines than required which allows the ARC to consider variances and still stay within the setback requirements of the municipality.

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Robin Edwardsen Posted by Robin Edwardsen (Questions: 13, Answers: 34)
Answered on July 10, 2025 12:26 pm