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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.. . ." ~ 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./ I .&mrf 1JeriJY19nnova6om, 9nc. 'PtIJC f (9/fO/2JJ031 Ci!J of 1Uinfer sp,;~ 1lcce1Jo'.!j Sfruclum f.VC 1fmentlmenfr 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. Page 2 of 5 C;fJ of 1fJ;nfer SrmY1JJ JfcCIJJ1O'J Sfrucfum .t.1JC :lfmem{menfr (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 Ci'J of 1f);nfe,. Spl'iYlj1 :lfcCet1o'J Sfruc/uI'CJ f.1JC 1J.menlmenlr (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. Page 4 of 5 CifJ of 1Uinter srmY1JJ lIcceJ1o'J Sfrucwres t.1JC 1fmenlmenfs 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). 9/9/2003 Page3 SETBACKS DIAGRAM 1 I I ,. -- - .:~---_._---------;-. -'-. i I ~ 1 3 I I I '4 r:JJ I-j == trj trj I-j 2 I I I 1 I 15 I I I I I . . -.-.1-------------.-1. _._.1 I I I ~ 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 9/9/2003 Page4 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 Pa2:e5 Screen Enclosures Current Ordinance 28-12=16; (16x2)+7-39 ft. Proposed Ordinance Screen Enclosure / / NOT TO SCALE J/ 9/9/2003 /' Page6 . / /