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Home My WebLink About2002 04 22 Regular D Ordinance 2002-14 Detached Accessory Garages COMMISSION AGENDA ITEM D Consent Infonnational Public Hearing Re gular X April 22. 2002 Meeting furYl~ '({(./(I~- Mgr. / Att. / Dept. REQUEST: The City Manager and City Attorney request that the City Commission consider referring Ordinance 2002-14 to the Planning and Zoning Board for review and recommendation. PURPOSE: The purpose of Ordinance 2002-14 is to amend Section 6-84 of the Winter Springs Code to clarify current provisions regarding accessory buildings and to establish new regulations regarding detached accessory garages. APPUCABLE LAW AND PUBLIC POLICY: 1. The Florida Municipal Home Rule Powers Act. 2. Section 166.041(3), Florida Statutes, authorizes a city to adopt ordinances which change the actual list of permitted, conditional and prohibited uses within a zoning category. 3. Chapter 20, Zoning, Winter Springs Code. 4. The United States Supreme Court has held that comprehensive zoning may be: accomplished as a valid exercise of a state's police power. Village of Euclid v. Ambler Realty Co., 272 U.S.365 (1926). Page 1 of 3 ~-"" ....,. ....,'~....'........IH...J....,....._.....,,,...,............._........J' "-" J -, - . " ..... - .- .- - .... J ..,.... .. .'-. "'J . -';) - - CONSIDERATIONS: 1. The current application of Section 6-84 has caused some confusion regarding the intent and purpose of requiring certain accessory buildings to be attached by a "breezeway, passage or otherwise" in order (0 be considered part of the principal structure and 110t an accessory building. 2. This provision has caused developers to attach detached garages and carports to principal structures by a "breezeway, passage or otherwise" for no other reason but to get around the 240 square footage limitation for accessory buildings. This defies common sense if a Jot is of sufficient size to reasonably support a detached accessory garage without causing adverse consequences on surrounding properties. 3. Further, in studying Section 6-84, it has become clear that detached garages are not currently permitted in residential areas, unless attached by a "breezeway, passage or otherwise." 4. On March 11, 2002, the Cily Corrunission directed staff and the City Attorney to review Section 6-84 and advise the City Commission on whether amendments to Section 6-84 are needed and to determine under what circumstances detached garages would be an acceptable use especially within a residential zoning district. . 5. On March 13,2002, the City Manager directed staff to obtain a statement of national policy trends affecting accessory buildings and structures from the Planning Advisory Service (PAS), a subscription-based subsidiary of the American Planning Association which provides planning information to member cities and counties. 6. After reviewing Section 6-84 and the information received from PAS, the staff recommends that Section 6-84 be amended to generally achieve two primary objectives: (i) Ainend Section 6-84 to clarify the definition of accessory building to exclude detached garages and to clarify when an accessory building shall be considered pan of th~ principal structure; and (ii) Establish specific regulations for detached accessory garages, especially on lots zoned single family residential. STAFF RECOMMENDATION: The City Manager and City Attorney recommend that Ordinance 2002- ] 4 he referred to the Planning and Zoning Board for review and recommendation to the City Commission. ATTACHMENT: .. Ordinance 2002-14 Page 2 of 3 ........"~ '-'~. ",,,,,,,,,,,,,,,,,-,"""--"'''''~'''~.--J' "'"I COMMISSION ACTION: .-. ,~- ----, Page 3 of 3 '-'l~ . .,. "-' "'J , ~:::l- --. ""<;;"- '-'J. .....I.....".J..........,'....J....~..__Il,............_---,. .... J ,. ORDINANCE NO. 2002-14 AN ORDINANCE OF THE crlY COMMISSTON OF THl8: CITY OF WINTER SPRINGS, FLORIDA, AMENDING SECTION 6-84, WINTER SPRINGS CODE REGARDING ACCESSORY BUILDINGS; EST ABLISBING REGULA TrONS FOR DETACHED ACCESSORY GARAGES; PROVIDING FOR THE REPEAL OF PRrOR INCONSISTENT ORDINANCES AND RESOL VTIONSj PROVIDING FOR INCORPORA TrON INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE: DATE. WHEREAS, the City Commission of the City of Winter Springs desires to clarity Section 6- 84 of the Winter Springs Code; and WHEREAS, the City Commission finds that the current Winter Springs Code lUnder-regulates detached garages; and WHEREAS. the City Commission recogni.zes that detached garages and accessory buildings provide an enclosed private space to conduct many activities that are annoying if conducted inside a dwelling or a principal building; and WHEREAS. these activities can be annoying to neighbors if conducted excessively, creating nuisance odors, noise and a visual eyesore; and WHEREAS, the proliferation of accessory buildings and detached garages; especially within residential areas, also could attribute to visual blight, interfere with the use of adjoining properties, and adversely affect the property values of the neighborhood if such structures are left unregulated; and WHEREAS, the City Commission of lhe City of Winter Springs, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. I'sfiO I of 6 NOW, THEREFORE, THE CfT\' COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. Code Amendment. The City of Winter Springs Code, Section 6-84 is hereby amended as follows: (underlined type indicates additions and ~1i ikeoul type indicates deletions). Sec. 6-84. Accessory buildings and detached earages. (a) General. Accessory building means an enclosed detached, subordinate struC1:ure, the use of which is clearly incidental to, customarily associated with, and related to the principal structure or use of the land, and which is located on the same lot as the principal structure or use. Accessory buildings shall include storage buildings, toolhouses, party houses, bathhouses (used in conjunction with swimming pool) and similar l1'SeS enclosed structures. excluding detached accessory garages which are specifically regulated under subsection (0 of this Section. No more than two (2) accessory buildings shall be allowed on any single lot. Accessory buildings shall not be used as hYing quarters. (b) Height and size restrictions. The ma..ximum height Ora" accessory buildinp,: shall be twelve (12) feet measured from ground level. The maximum size of any !Ill uc.tl1l e accessory buildir!g shaH be two hundred forty (240) square feet. ( c) Location. All accessory buildings shall be located to the rear of the existing buildin~ line.Q[ the principal structure. Cit). of Winter Springs Ordirumcc No. 2002-14 Pllge 2 of 6 - p . -,1' - - (d) Pennits. A building permit shall be required before construction or placement can take place. No accessory building shall be permitted prior to construction of the principal building. (e) Setback requirements. When an accessory building is attached to a principal structure by a breezeway, paS5l1.SG 01 vthel "" iss common load bearing wall. or common roof. it shall become a part of the principal structure and shall be subject to the required setbacks and other reouirements ilPplicable to of the principal structure. Otherwise. the following setback requirements shall apply: (1) Corner setback--On all comer lots the minimum open sideyard setback sha.ll be that of the principal building. (2) Rear yard setback--Shall be a minimum of six. (6) feet. (3) Side yard setback--Shall be that of the lot on which the building is to be located. (4) Easements--If an easement exists along the boundary Qf on the lot where the accessory building is to be located and tbe width of that easement is greater than that the setback addressed above, then the interior easement size shall plC.V~..a boundary shall constitute the required minimum setback except as provided in this subsection (e ). No accessory building shall be constructed or placed on an easement. unless the easement expressly permits the accessory buildinR: to be constructed or placed on the easement property and the required setbacks set forth herein are satis;ned. ill Detached accessory garages. For purposes of this subsection (fl, the word <<d~tached" shall mean the accessory garage is not under the same rooras. and does not share a common load bearing wall with. the Drincioa] structure. A maximum of one 0) detached accessory E~arage shall be oermitted as a conditional use provided the city commission finds the following requirements are satisfied at a public hearing: City o['Wintcr Springs Orchrumce No. 2002-14 Page 3 of 6 (1) The detached gara.ge shall be compatible with and shall not adversely affect the surrounding neighborhood or adiacent properties; (2) On lots zoned residential. the use of the detached garage shall be limited to the parking of motor vehicles and other uses customarily associated with a single family residen!;~. and related to the orincipal structure. such as the keeoing of recreational and lawn equipment. The detached garage shall not be used as living quarters; (3) The detached garaLte shall be an accessory structure to a principal building; (4) The lot on which the detached garage will be located shall be a minimum 0[20,000 square f~et: (5) The si~e of the detached garage shall not exceed fifty percent (50%) of the square footage of the first floor of the orincipal building: (6) The detached garaRe shall be architecturally similar in design to the prin~iDal building including, but not limited to. building materials and roofline; (7) The height of the detached gara~e shall not exceed th~ height of the princinal buildin~ or fifteen feet (IS fi). whichever is less: (8) The detached garage shall be located to the rear of the front building line of the principal building; (9) The detached ~arage :.;halJ meet all setback and maximum lot covera~e requirements of the applicable zoning district; (10) No more than one ()) accessory building shall be allowed on a lot on which exists a detached garage: and City of Willte!' SpriI1g~ Ordinnncc No. 2002-14 Page 4 of 6 .............. .....,. ....."........)............-,.......__01...-'..........-............,. "" J . -. '-- ----J ..,.... .. . .. "'J (l]) A building permit shall be required upon approval ora conditionallJs~)ermit by the city commission No detached garage shall be permitted prior to construction of the principal building Srction 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Conunission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This ordinance shall be incOl]JOrated into the Winter Springs City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, sueh portion shall be deemed a separate, dislinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of ,2002. PAUL P. PARTYKA Mayor City of Wi .Iller Splill~ Ordinance No. 2002-14 hgd of 6 ATTEST: ANDREA LORENZO-LUACES City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: Anthony A. Garganese, City Attorney First Reading: Second Reading: Effective Date: City ofWinler Springs Ordinance No. 2()(12-14 \"Bd 6 of 6