HomeMy WebLinkAbout2003 09 15 Other - Changes Affecting Detached Accessory Structures and Buildings
WORKSHOP AGENDA
ITEM 2
Consent
Informational
Public Hearing
Regular X
September 15, 2003
Meeting
Iff /~
Mgr. / Attor / Dept.
Authorization
REQUEST:
The Community Development Department requests that the City Commission review the
proposed changes affecting detached accessory structures and buildings.
PURPOSE:
The purpose of this request is for the City Commission to review and give staff direction
regarding regulations affecting accessory buildings.
APPLICABLE LAW AND PUBLIC POLICY:
Section 6-84 of the City Code states, "Accessory building means a detached, subordinate
structure, 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, tool houses, party houses,
bathhouses (used in conjunction with swimming pool) and similar uses...."
Section 20-1 of the City Code states, "Garage, private is an accessory building or a portion of the
principal building used for the storage of automobiles of the occupants of the building. A carport
is a private garage."
Section 20-101 of the City Code states, "In order to classify, regulate and restrict the uses of land,
water, buildings and structures, and to regulate and to restrict the height and bulk of buildings and
to regulate the area of yards and other open spaces about buildings, the corporate areas of the city
is divided into districts.. . ."
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WORKSHOP AGENDA Item 2
September 15, 2003
Page 2
CONSIDERA TIONS:
· The City Code defines accessory buildings as incidental and subordinate to principal
structures, establishes a maximum size of two hundred forty (240) square feet for accessory
buildings, and permits no more than two (2) accessory buildings on any given lot in the City.
· The City Code considers private garages to be incidental and subordinate and defines them as
accessory buildings in Section 20-1; however, garages typically exceed the maximum size
allowed for an accessory building as defined in Section 6-84.
· Garages (in excess of240 SF) are only permitted as components of principal structures, when
they are attached by a breezeway, passage or otherwise and meet the setbacks established for
the principal building by district location.
· On March 11, 2002, the City Commission deferred consideration of regulations affecting
accessory buildings.
· 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.
· On April 28, 2003, the City Commission adopted Ordinance No. 2003-07, allowing, by
conditional use, one or more accessory buildings greater than 240 square feet on property
with a Comprehensive Plan Future Land Use designation of Residential Rural.
· Subsequent meetings among the City Manager, staff, and LDI resulted in the attached
proposal.
STAFF RECOMMENDATION:
Staff recommends the City Commission review the attached ordinance changes and give whatever
direction is deemed appropriate.
ATTACHMENTS:
1. Proposed Changes [to] Sections 6-84, 6-85 and 20-1
2. Summary of changes
COMMISSION ACTION:
A TT ACHMENT NO. 1
PROPOSED CHANGES SECTIONS 6-84...6.:.8.5. AND 20-1
ACCESSORY STRUCTURE STANDARDS AND DEFINITIONS
Sec. 20-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different
meanmg:
Accessory. The term applied to a building, structure or use which is clearly incidental or
subordinate to and customary in connection with the principal building or use and which is
located on the same lot with such principal building or use.
Blli/dziI,g Line. TIle building line is the distance measured from the property line to the front.-------{ Formatted: Bullets and Numbering
fa!;ade of the principal structure. Accessory stnlctures shall not be located between the
.lllii.!.di.!!g line and the front property line.
Garage apartment. An accessory building with storage capacity for not less than two (2)
automobiles, the second floor of which is designed as a residence for not more than one (1)
fan1ily.
Garage, private. An accessory building or a portion of the principal building used for the
storage of automobiles of the occupants of the building. A carport is a private garage.
Garage, public. A building or portion thereof, other than a private garage or storage garage,
designed or used for the sale, storage, servicing, repairing, equipping and hiring of motor-
driven vehicles.
Guest cottage. Living quarters within the detached accessory building located on the same lot
or parcel of land as the principal building, to be used exclusively for housing members of the
fan1ily occupying the principal building and their nonpaying guests.._9.~I_~~.t.5:()):):'~g!.;~_~~~~_~~:~~___....-'
a kitchen. cooking facilities or kitchen sink will be required to pay appropriate impact fees.
TIle quarters shall not be used as a separate dwelling. rented. leased or otherwise made
available for coml2ensation of any kind.
Guest (tourist) homes. A private dwelling in which transient sleeping accommodations are
provided for compensation; especially for motor tourists or travelers_
Setba&\'. The minimum distance that a principal building and all appendages must be located.-.-----{ Formatted: Bullets and Numbertng
from front, side and rear property lines.
StructHTT!. Any thing constructed, erected or placed, the use of which requires more or less
permanent location on the ground and shall include tents, lunch wagons, dining cars, camp
cars or other structures on wheels or other supports and used or intended for business or
living quarters.
Delemd: ; such quarlc:1S shall not be
rmtcd or otherwise used as a sepamte
dwdling
Sec. 6-84. Accessory buildings and structures.
(a) GeneraL Accessory buildings and structures are detached, subordinate
structures, the use of which is clearly incidental to, customarily associated
with, and related to the principa~ st~cture or use of the land, and which is ",'f Delemd: 9/91:ztx1$
located on the same lot as the prmclpal structure or use. For the purpose of./
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this section the term "stmcture' includes "buildings". Accessory structures
shall include. but not be limited to. detached private garages. storage buildings,
tool houses and garden sheds. guest cottages, party houses. swimming pool
screen enclosures. gazebos. arbors. pergolas or trellises. bathhouses (used in
conjunction with swimming pooQ, boat houses, non-commercial
greenhouses/plant nurseries, stables/barns (in the RC-1 district only), and
similar uses.
(b) Height restrictions. The maximum height of an accessory stmcture shall be
f! ~~~_t:__~}. [~e_t:,_ _ ~~_~~~~~ _ _~~~~ _ gr~~~1_ J~Y-t?! _ _~<?_ _ ~~~ _~~i~p.~i_t!_~ _ ~~_~~~~~. _ t~~~_ _<' _..' .{ Deleted: twdve
bottom and top portions of the roof. except within the Town Center and R-3 .....-.{ Delemd: 12
zoning districts. The height of accessory stmctures ma}' exceed fifteen (15)
feet in the Town Center and R-3 zoning districts, only if the stmcture is
located within the required principal building setbacks. In no case shall the
elevation of the highest point of any accessory stmcture exceed the height of
the principal stmcture. Properties that are five (5) acres or more in lot size
may be exempt from this requirement pursuant to Sec. 6-84(m).
&-Size restrictions. The maximum size of any structure shall be two hundred fort:y<-....--{ Formatted: Bullets and Numbertng
(240) square feet. except where the minimum building setbacks required by
the district are met. In such case. the cumulative size of the accessory
stmctures shall be limited to thirty-five (35) percent of the size of the principal
stmcture (first floor only. not including the pool area and screen enclosure).
Properties that are five (5) acres or more in lot size may be exempt from this
requirement. The size of accessory stmctures in all districts shall be included
in the calculations of impervious surface area ratio and stormwater mnoff.
Cd) StructUTTI/ building design. If an accessory stmcture exceeds two hundred forty
(240) square feet in size. the structure. including the roof. shall be constmcted
to match the architecture. design. materials and colors of the principal
building. . Barns, stables, greenhollses and nurseries on lots that are five (5)
acres or more may be exempt from tl1is regplation.
~LJcation. All accessory buildings other than garages and guest cottages shall be
located ,h_t?!~~l!_~_ _~~.f?_ p_~i_1!~pA?_~~~!lI~_~_ ~r__~~_~f?~~~~.4__~x_~__~~!~~_ _<?_~ .~~~.q~I~J~.l!_C:~'. __..... '1 ~~~~ the rear of the existing
so that the accessory stmcture is not visible from the street. Arbors. pergolas . gs
and trellises are exempt from this requirement.
f.fL-Permits. 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.
em Use restrictions. No accessory stmcture shall be used for activities not pern1itted
in the zoning district. . TI1e use shall be clearly incidental to tl1e use of the
principal building. and shall comply with all other City regulations.
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(h) Guest Cottages. Guest cottages are permitted accessory uses when they provide
accommodations for guests. servants or members of a family occupying tJ1e
main building on the same property. The cottage shall not exceed 450 square
teet of floor area.
(i) Garage A.tJat1mellts. Garage apartmcnts arc permitted uses in the R-3. and
Town Center zoning districts. which allow more than one dwelling unit per
lot. The maximum height for a garage apartment is two (2) stories.
~Setback TTlqmTTlments. When an accessory stmcture is attached to a principal
structure by a breezeway, common load bearing wall; or common roo~.~!.~~~___...---{ Deleted: passageorothawise
become a part of the principal stmcture and shall be subject to the required
setbac~s and other requirements applicable to ~~~_~~<:~e~L~!~~_~~<:.._.\,,:i!!~.!!:<:__<"{ Deleted: of
exceptIon of a pool screen enclosure. OtherWIse. the follow111g setback -..{ Deleted:.
requiremcnts shall apply:
(1) Comer setback--On all comer lots the minimum open sideyard setback
for placement of accessory stmctures shall be that of the principal
building. No accessory stmcture shall be located in front of the
building line on either public right-of-way.
(2) Re~ryard setback--Shall be a minimum Off_~~<:_n--'."Z)}<:<:_~-..______________________,::::::i :::::::ix
(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 of .~e}<?_~_~~~_~<:_/__.'{ Deleted: on
the accessory building is to be located. and the width of the easement is
greater than ,!!:<:__~~tb.~~~ _ ~_~_~_~~~<:.~_ _~~~~<:?__~<:~ __~l1e)l!-.~~~i9.r..<:_~~~~<:?t__... ...-{ Deleted: that
boundary shall ,_<:=_<?~~_~i_~11_~~__!~<:J~9~:i_~<:_~__ ~~~I!l~~~ _. ~~!~_ ~.<:~. !'::-:~~_! _ _~?_ __' ____' { Deleted: prevllil
provided in this subsection.
No accessory stmcture shall be constmcted or placed on an easement.----.-.{ Formatted: Bullets and Numbering
unless the easement expressly permits the accessory stmcture to be
constructed or placed on the easement property 'and the required
setbacks set forth herein are satisfied.
(6) Waterfront-Accessory structures shall not be located within any
required waterfront setback. except for boathouses.
(k) Stmct/lre separation. All structures within the lot shall comply with the required
building separation standards contained in the Florida Building Code. In no
event shall buildings/ structures be closer than 5 feet to each other.
(5)
D:L-Lmge Lot Exceptions. Upon application filed with the City, the City
Commission may vary.the number, height, setbacks and size requirements set
forth in this Section or approve an accessory building on an adjacent lot by
conditional use permit under the following conditions:
Page 3 of 5
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(1) The subject property has J.i.':~.{52.~.c:~.s__i?!'~?~:'hm_____.__.. _____ouh____ _______.hU....... { Delemd: more than
(2) The applicant submits for review and consideration a detailed architectural
rendering of the proposed accessory building and a plot plan drawn to scale.
(3) The City Commission finds that
(I) the proposed accessory building is compatible and harmonious with
the principal structure and the surrounding land uses and structures;
(Ii) the proposed accessory building will not adversely impact land use
activities in the immediate vicinity;
(ill) the height of the proposed accessory building does not exceed the
height of the principal structure; and
(Iv) the accessory building shall meet the requirements of the applicable
zoning district including setback and maximum lot coverage; and
(v) Under no circumstances shall the CUlllulative total ground floor
square footage of the principal and accessory structures exceed m.........( Delemd: 35
percent of the total lot area
(4) An accessory building may be constructed on a lot adjacent to the lot on
which the principal building is located under the following conditions:
(I) The conditions set forth in subsections (1), (2), and (3) are satisfied.
(Ii) A legal instrunlent reasonably acceptable to the City is recorded in
the public records of Seminole County that provides that the
principal building lot and the adjacent lot are unified under common
ownership and that in the event said ownership is ever separated, the
accessory building shall be removed or a principal building shall be
constructed on the adjacent lot within one (1) year from the date the
lots are separated.
(Code 1974, ~ 5-10; Ord. No. 460, ~ 1,6-26-89)
Sees. 6-85--6-100. Reserved.
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Sec. 6-85. Screen enclosures.
(a) Definition. For purposes of this section, the term "screen enclosure" shall mean an
enclosure consisting entirely of screen mesh, except for minimum essential structural
framework required for its support.
(b) Mesh; load requirements. Mesh sizes shall not be smaller than twenty (20) by twenty
(20) threads per inch, nor larger than eighteen (18) threads by fourteen (14) threads per inch.
Design computations and construction details of screen enclosures shall be supplied with all
plans showing that same comply with wind load and live load requirements of the building
code of the city. .
(c) Setbacks. The screen enclosure shall meet all code requirements for front and side
yard setbacks which are applicable to the subject property. Notwithstanding any other
applicable rear setback requirement, the screen enclosure shall not be located any closer than
seven rrJ feet from the rear property line of the subject property. On lakefront property, no
screen enclosure shall be located any closer than twenty-five (25) feet from the shoreline, as
determined by the existing or established high-water control level.
(d) Height. The screen enclosure shall not be higher than the primary structure on the
subject property, except that when the ';;.<:~~~~_~.I?-~;l.():'_~~.~~~~~~~_.fi_~~~~_r:__~tf~~~:_~!!:~!-~~~_~_.,<'-
from dIe ground to the highest point of the stmcture. In which case, the screen enclosure ';::--
shall either be set back an additional two (2) feet from the minimum setback requirements
contained in subsection (c) for every additional foot the screen measures above .fi_~'!:~!:.!}.s)_..______
feet. or shall meetthe rear yard setback re,!uired for the principal structure.
(e) Easements. Screen enclosures shall not be constructed within an easement area,
unless the easement expressly allows said construction.
(f) Screen enclosure modifications. If any portion of an existing screen enclosure is
modified so that it no longer satisfies the definition in subsection (a), the modified screen
enclosure shall meet all 'building setback and height requirements that are applicable to
principal and accessory buildings for the subject property.
(Ord. No. 2002-31, ~ 3, 10-28-02)
Sees. 6-86-6-100. Reserved.
Page 5 of 5
Deleted: principal structure
Deleted: twdve
Deleted: 12
Deleted: twdve
A TT ACHMENT NO. 2
CITY OF WINTER SPRINGS
Accessory Structures
LDC Amendments
Summary of Changes
A. Purpose
Change Section 6-84 to control the proliferation of accessory structures, and to
protect adjacent properties from any negative impacts that such structures may
create.
B. Background
The Commission desires to clarify the definition of accessory structures to determine
when these structures become part of the principal structure.
C. Analysis
LDI has conducted research of accessory structures regulations. Codes from six
communities in Florida have been analyzed to determine how other jurisdictions are
regulating Accessory Structures. Winter Springs' regulations are very similar to the
regulations currently used in other communities. The following are the major issues
that are regulated:
1. DefInitions:
Having clear definitions is very important to prevent Code
misinterpretations. The defmition used in the City of Winter Springs Code
for accessory structures is in line with the others communities surveyed. No
change is proposed. Added the following new defmitions: Building Line and
Setbacks,
l~ccessOlY - The term applied to a building or use which is clearly
incidental and subordinate to and customary in connection with the principal
building or use and which is located on the same lot with such principal
building or use."
2.
Prior to Principal:
Similar to Winter Springs, most communities require that a principal building
be in place prior to permitting an accessory structure. No change is
proposed.
3.
Number:
Wmter Springs has a maximum of 2 accessory structures permitted per site.
Added statement noting that pergolas, arbors and trellises are exempt from
9/9/2003
P3.2:e 1
the number requirement, but detached pool enclosures are noe (attached
pool enclosures are considered part of the principal building).
4. Height:
Winter Springs currently limits the height of all accessory structures to 12 ft.
Changed the standard to restrict accessory structure height to one (1) story,
exempting the Town Center and R-3 districts when the accessory structure is
located within the required setbacks. Added requirement that the accessory
structure cannot exceed the height of the principal structure2 (first floor only,
not including pool or pool enclosure area).
5. Size:
Winter Springs limits the size of accessory structures to 240 sq. ft. New
language allows accessory structures to exceed the size limit where the
required setbacks are met, except that the cumulative size of accessory
structures cannot exceed 35% of the size of the principal structure!.
6. Design:
No standards in current code. New language requires that structures larger
than 240 sq. ft. match the architecture, color, materials of the principal
structure!.
7. Location:
Current and proposed codes state that accessory structures shall be located
behind the building line. A definition was added to define building line.
Also added language to require screening of accessory structures from the
street. Added exemption for pergolas, arbors, and trellises.
8. Permit:
No change
9. Use Restrictions:
Kept language relative to being "incidental to the principal use." Added
statement prohibiting uses/activities not normally allowed in the district.
10. Guest Cottages:
Added language allowing guest cottages up to 450 sq. ft. in area. [The
definition states that these structures shall not be used as a separate dwelling
and may not be leased or rented.
11. Garage Apartments:
Added language allowing garage apartments 1n the R-3 and Town Center
districts, up to 2 stories in height.
! Properties that are 5 acres or more in size may be exempt from this requirement.
2 Properties that are 5 acres or more in size may be exempt from this requirement.
9/9/2003
Page2
12. Setbacks:
Current code states that if the accessory structure is attached to the main
dwelling, it is subject to the required setbacks of the district. Added language
to exempt pool enclosures, consistent with the pool enclosure ordinance
recently adopted by the City.
a. Comer - Added restriction to locate accessory structures in front of the
building line.
b. Rear - Changed from 6 to 7 ft. for consistency with the screen enclosure
ordinance
./
c. Side - No change. Regulated by principal building setback.
d. Easements - Added a statement noting that the accessory structure may
go on the easement if the easement expressly permits it.
e. Waterfront - Added new language requiring that accessory structures not
be located within any waterfront setbacks, except for boathouses.
13. Building Separation:
In order to provide visual breaks, to avoid a sense of excessive massing, we
added a provision requiring a minimum of 5 ft. between buildings.
14. Exceptions:
Included recently adopted language excepting large lots from the number,
height, setbacks and size requirements for accessory structure subject to
compliance with certain conditions (see section (m); this is a charige from the
previous submittal that called out a specific zoning district).
Additional Changes
We recommend amending the screen enclosure ordinance to clarify the height
restrictions. We also recommend changing twelve to fifteen (measured from ground'
to top, instead of midpoint) as the triggering point for additional screen enclosure
setback to be consistent with the accessory structure proposed ordinance, and to give
the option of using the additional setback or using the district minimum required
rear yard setback (see drawings attached).
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Page3
SETBACKS DIAGRAM
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-.-.1-------------.-1. _._.1
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Building Line
1. Required Front Yard Setback
2. Building Line (Actual front yard setback/front yard)
3. Actual Rear Yard setback
4. Required Rear Yard Setback
5. Accessory structures minimum setback
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Accessory Structures
< Required Setback Lines )
1. Principal Building
Size: Restricted by setbacks and lot coverage restrictions.
Height: 35 ft. in single-family districts.
2. Accessory structure # 1.
Size: No size limitation except that the size of buildings 2+3 shall not exceed
35% of first floor of building 1. Also restricted by lot coverage restrictions.
Height: 15 ft. from ground to midpoint of roof.
3. Accessory Structure #2.
Size: Not to exceed 240 sq. ft. because it is encroaching into building
setback.
Height: 15 ft. from ground to midpoint of roof.
9/9/2003
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Screen Enclosures
Current Ordinance
28-12=16;
(16x2)+7-39 ft.
Proposed Ordinance
Screen
Enclosure
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NOT TO SCALE
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9/9/2003
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