HomeMy WebLinkAbout2003 08 25 Regular J Regulations Affecting Detached Accessory Structures and Buildings
COMMISSION AGENDA
ITEM J
Consent
Informational
Public Hearing
Regular X
August 25, 2003
Meeting
;)1/ J/Y
Mgr. / Attor / Dept.
Authorization
REQUEST:
The Community Development Department requests that the City Commission schedule a
workshop amending the City's regulations affecting detached accessory structures and buildings.
PURPOSE:
The purpose of this request the City Commission schedule a workshop addressing regulations
affecting accessory buildings. Land Design Innovations, Inc., has worked with staff and has
provided the attached proposed language for consideration.
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 ofland,
water, buildings and structures, and to regulate and to restrict the height and bulk of buildings
CDD/August 20, 2003/2:14 PM
August 25, 2003
REGULAR AGENDA ITEM J
Page 2
and to regulate the area of yards and other open spaces about buildings, the corporate areas ofthe
city is divided into districts...."
CONSIDERATIONS:
· The City Code defines accessory buildings as incidental and subordinate to principal
structures, establishes a maximum size oftwo 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 proposed language and schedule a workshop
to address the issue so that staff may draft an ordinance accordingly.
ATTACHMENTS:
A. LDI's "Proposed Changes [to] Sections 6-84 and 20-1"
B. September & October calendar of events
COMMISSION ACTION:
CDDIAugusI20. 200312:14 PM
Attachment A
PROPOSED CHANGES SECI'IONS 6-84 AND 20-1
ACCESSORY STRUCI'URE STANDARDS AND DEFINITIONS
Sec. 20-1. Definitions. [EXCERPTS FROM CITY CODE]
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:
Accmory. 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,
Building Line. The building line is the distance measured from the property line to the front.-------{ Formatted: Bullets and Numbering
fac;:ade of the principle structure. Accessory structures shall not be located between the
building line and the front property line.
Garage apartment. An accessory P..w.ld.iIlg. ~~h s~or.age .<::llp.3:cityJo~. . ~ot l<::ss ~a~t\v()(2)... ..' { Deleted: structure
automobiles, the second floor of which is designed as a residence for not more than one (1)
family.
Garage, private. An accessory P.t1il~!lg ()r.a P.OrtiClI1. 0 ~ . ili..e. p~cip3:l. b~4ing u~e~ fo~ . tlle .' _ _ _ - - - { Deleted: structure
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 J?t1il_1!l1g10~~t~d__()(l.t~~__~aI?~}()t_
or parcel of land as the principal building, to be used exclusively for housing members of the
family occupying the principal building and their nonpaying guests,.. gu~st_ cott3:g~s tllat ha~e. . .
a kitchen, cooking facilities or kitchen sink will be required to pay appropriate impact fees.
The quarters shall not be used as a separate dwelling. rented, leased or otherwise made
available for compensation of any kind.
. _ _ _ - - - { Deleted: structure
Deleted: ; such quarters shall not be
rented or otherwise used as a separate
dwelling
Guest (tourist) homes. A private dwelling in which transient sleeping accommodations are
provided for compensation; especially for motor tourists or travelers.
Structure. 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.
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 principal structure or use of the land, and which is
located on the same lot as the principal structure or use, For the purpose of
Page 1 of 4
this section the terln "structure' includes "buildings". Accessory structures
shall include, but not be limited to, detached .p:~~y"~~_c:_g~~_~g~_~t.~!~~~gc:_~~~g~-,--_------{ Deleted: patkingstructures
tool houses and garden sheds, guest cottages, party houses, swimming pool
screen._ ~_~_C:!~~~~?d~~~_C:~~?}_ _~~_<?!:~! _'p~!g~!~~__ ~~_ _ ~~l}j_~~~,_ _~~_fuI?:.<?_ll~~_~ _ (1l~_C:~ _ _~__ _ _,- --- { Deleted: s
conjunction with swimming pool), boat houses, non-commercial
greenhouses/plant nurseries, stables/barns (in the RC-l district only), and
similar uses.
(b) Number of Accessory Structures. No more than two (2) accessory structures and a
swimming pool shall be allowed on any single lot. Detached ~~gpggL---,---{ Deleted: s
screen enclosures are not exempt from the two (2) structure limit. Pergolas,
arbors and trellises shall be exempt from this requirement. Properties that are
fl.y"~_,(51_ _~~!~~_ _<?_~__I!!-_<?!:C:__~t.l: _!~!__~~_<;:_~~'i__~~_ _C:~~_I!!-.p~__f!:<?_I!!-_ _ ~?_ _!~9.~~~~t.l:!__~~__ ,_' - -- -{ Deleted: over
provided in Sec. 6-84(m). ------ Deleted: .as weU as pergolas,arbors and
trellises in any district,
(C) Height restrictions. The maximum height of an accessory structure shall be one
(1) story measured from ground level, except within the Town Center and R-3
zoning disricts. The height of accessory structures may exceed one (1) story in
the Town Center and R-3 zoning districts, only if the structure is located
within the required principal building setbacks. In no case shall the elevation
of the highest point of any accessory structure exceed the height of the
principal structure. Properties that are five (5) acres or more in lot size may be
exempt from this requirement pursuant to Sec. 6-84(m).
(d) Size restrictions. The maximum size of any structure shall be two hundred forty
(240) square feet, except where the minimum building setbacks required by
the district are met. In such case, the cumulative size of the accessory
structures shall be limited to thirty-five (35) percent of the size of the principal
structure (first floor only, not incuding the pool area and screen enclosure).
Properties that l!~_ !!y..~_ _(?t~~!~~ _ ~~__1:2()_~C::_ _~~}<?_~ _ ~~C:__I!!-_~Y. _~_c:,~~~~p~_ J!~~_ ~?_ _ _-' _' - ,{ Deleted: exceed
requirement. The size of accessory structures in all districts shall be included in
the calculations of impervious surface area ratio and stormwater runoff.
(e) Structure/ building design. If an accessory structure exceeds two hundred forty
(240) square feet in size, the structure, including the roof, shall be constructed
to match the style, design, materials and colors of the principal building.
Barns, stables. greenhouses and nurseries on lots that l~~__~~~__(?t~<:~_c:~__~~__,-,--'-{ Deleted: excced
more may be exempt from this regulation.
(t) Location. All accessory structures shall be located to the rear of the existing
buildings line of the principal structure. Arbors, pergolas and trellises are
exempt from this requirement.
(g) Permits. A building permit shall be required before construction or placement
can take place. No accessory structure shall be permitted prior to
construction of the principal building.
Page 2 of 4
(h) Use mtrictions. No accessory structure shall be used for activities not permitted
in the zoning district. The use shall be clearly incidental to the use of the
principal building, and shall comply with all other City regulations.
(i) Guest Cottages. Guest cottages are permitted accessory uses when they provide
accommodations for guests, servants or members of a family occupying the
main building on the same property. The cottage shall not exceed 450 square
feet of floor area.
0) Garage Apartments. Garage apartments are 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.
(k) Setback requirements. When an accessory structure is attached to a principal
structure by a breezeway, 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 requirements applicable to the principal structure, with the
exception of a pool screen enclosure. Otherwise, the following setback
requirements shall apply:
(1) Corner setback--On all corner lots the minimum open sideyard setback
for placement of accessory structures shall be that of the principal
building. No accessory structure shall be located in front of the
building line on either public right-of-way.
(2) Rear yard setback--Shall be a minimum of seven (7) feet.
(3) Side yard setback--Shall be that of the lot on which the structure is to
be located.
(4) Easements--If an easement exists along the boundary of the lot where
the accessory structure is to be located, and the width of the easement
is greater than the setback addressed above, then the interior easement
boundary shall constitute the required minimum setback except as
provided in this subsection.
(5) No accessory structure shall be constructed or placed on an easement,
unless the easement expressly permits the accessory structure 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.
0) Structure 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 fee1t~~_~~_c:h_?~h~.____________u_______------- . Deleted:.
Page 3 of 4
(m) IA'1,e 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:
(1) The subject property hasp.~~J~t~~~_~_?_~_~~~~'____m_____.w______m__________________/----{ Deleted: 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 cwnulative total ground floor
square footage of the principal and accessory structures exceed ~n_------{ Deleted: 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 instrument 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 4
SEPTEMBER 2003
SUNDAY MONDAY TUESDA Y WEDNESDAY THURSDAY FRIDAY SATURDAY
Notes: 1 2 3 4 5 6
HOLlDA Y CALNO (Alternating Cities)
Labor Day Regular Meeting - 6:30 P.M.
Board Of Adjustment
Planning And ZoninglLPA Regular Meeting - 7:00 P.M.
Regular Meeting - 7:00 P.M. (If Scheduled)
7 8 9 10 11 12 13
Oak Forest Wall &
Beautilication Of Winter Beautification District
City Commission Springs Board (BOWS) Advisory Committee
Regular Meeting - 6:30 P.M. Regular Meeting - 7:00 P.M. Regular Meeting - 7:00 P.M.
14 15 16 17 18 19 20
Tuscawilla Lighting & l1~~
Beautification District 'f4
Advisory Committe~ -....
Regular Meeting - 7:00 ~
Code Enforcement Board
Regular Meeting - 7:00 P.M.
21 23 24 25 26 27
City Commission
Regular Meeting - 6:30 P.M.
28 29 30 Notes:
* Meetings Shown In Red Ink Are Scheduled For The Commission Chambers
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Revised 7/17/03
OCTOBER 2003
SUNDAY I MONDAY TUESDAY WEDNESDAY THURSDA Y FRIDAY SATURDAY
Notes: 1 2 3 4
· Meetings Shown In Red Ink Are Scheduled For The Commission Chambers
CALNO (Alternating Cities)
Regular Meeting - 6:30 P.M
Board Of Adjustment
Planning And Zoning/LPA Regular Meeting - 7:00 P.M.
Regular Meeting - 7:00 P.M. (If Scheduled)
5 6 7 8 9 10 11
Oak Forest Wall &
Beautification Of Winter Beautification District
Springs Board (BOWS) Advisory Committee
Regular Meeting - 7:00 P.M. Regular Meeting - 7:00 P.M.
12 13 14 15 16 17 18
City Commission
Regular Meeting - 6:30 P.M.
19 20 21 22 23 24 25
Tuscawilla Lighting & ~~ed
Beautification District 'fc
Advisory Committe~.,so
Regular Meeting - 7:00 P.M.
Code Enforcement Board
Regular Meeting - 7:00 P.M.
26 27 28 29 30 31 Notes:
City Commission
Regular Meeting - 6:30 P.M.
Revised 8/12103