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Home My WebLink About2002 05 13 Public Hearings H First Reading - Ordinance 2002-14 Accessory Buildings and Detached Garages COMMISSION AGENDA ITEM H Consent Informational Public Hearing X Regular May 13.2002 Meeting APt111~ J- Mgr. / Att. I nept. REQUEST: The City Manager and City Attorney request that the City Commission consider First Reading of Ordinance 2002-14 to amend Section 6-84 Oflht: Winter Springs Code regarding accessory buildings and detached garages. 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 estahlish new regulations regarding detached accessory garages. APPLICABLE LAW AND PUBLIC POLICY: 1. The Florida Municipal Home Rule Powers Act. 2. Seqion 166.041 (3), Florida Statutes, authorizes a city to adopt ordinances '\.vhich change the ac'tuallist 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 ofa state's police power. VillaKe of Luclid v. Amhler Realty Co., 272 Page 1 of 3 U.S.365 (1926). CONSlDER<\ TrONS: I. The current application of Section 6-84 has causetl some confusion regarding the intent and purpose of requiring certain accessory buildings to be attached by a "breezeway, passage or otherwise" in order to be considered part of the principal structure and not an accessory building. 2. This provision has caused developers to attach detached garage~ and carports to principal structures by a "breezeway, passage or otherwise" for no other reason but to get arounu the 240 square footage limitation for accessory buildings This defies common sense if a lot is of sufficient size to reasonably support a detached accessory garage without causing adverse consequences on 5urTounding properties. 3. Further, in studying Section 6-~4, it has become dear that detached garages are not currently permitted in residential areas. unless attached by a "breezeway. passage or othenvise." 4. On March II, 2002, the City Commission directed staff and the City Attorney to review Section 6-84 and advise the City Commission on whether amendments to Section 6-84 are nccded 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 statfto obtain a statement of national policy trends affecting accessory buildings and structures from the Planning Advisory Service (PAS). a suhscription-based subsidiary of the American Planning Association which provides planning information to member cities and counties. 6. After reviewing Section 6-84 and the in1ormation received from P !\S, the staff recommends that Section 6-84 be amended to gt:neraJly achieve two primary objectives: (i) Amend Section 6-84 to clarifY the definition of accessory buitdi ng to exclude detached garages and to clarify when an accessory building shall be considered part of the principal structure: and (ii) Establish specific regulations for detached accessory garages, especially on lots 20ned single family residential. 7. Or;! May 1, 2002. the Planning and Zoning Board recommended approval of Ordinance 2002- 14. STAFF RECOMMENDATION: The City Manager and City Attorney recommend that the City Commission consider approving Ordinance 2002-14 at first Reading. Page 2 of 3 n ...,. ATTACHMENT: Ordinance 2002-14 COI\-1MTSSION ACTION: On April 22, 2002, the City Commission referred Ordinance 2002-14 to the Planning and Zoning Board. Page 3 of 3 ORDINANCE NO. 2002-14 AN ORDL"lANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING SECnON 6-84, WINTER SPRINGS CODE REGARDING ACCESSORY BUTLDINGS; ESTABLISHING REGULATIONS FOR DETACHED ACCESSORY GARAGES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Winter Springs desires to clarify Section 6- 84 of the Winter Springs Code: and WHEREAS, the City Commission finds that the current Winter Springs Code under-regulates detached garages; and WHEREAS, the City Commission recognizes 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 ifconducted 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 the Ciry of Winter Springs, Florida. hereby finds this ordinance to be in the best interest5 of the public health, safety, and welfare of the citizens of Winter Springs. Pogc 1 of 6 NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Se(.tion 1. Recitals_ The foregoing recitals arc hereby incorporated her~in 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 str;"...out type indicates deletions). Sec. 6-84. Accessory buildings and detached 2,arae;es. (a) General. Accessory building means an enclosed 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. toolhouses, party houses, bathhouses (used in conjunction with swimming pool) and similar mes enclosed structures, excluding detached accessorv garages which are specificallv regulated under subsection (f) of this Section. No more than two (2) accessory buildings shall be allowed on any single lot. Accessory buildings shall not be used as living quarters. (b) Height and size restrictions. The maximum height oran accessory building shall be twelve (12) feet measured from ground level. The maximum size of any;:.li u....ture accessory building shall be two hundred forty (240) square feet. (c) Location. All accessory buildings shall be located to the rear of the existing buildings line of the principal stIUcture. City of Winter Springs Ordinance No 20CJ2-14 P. CC 2 of G o ,.-, (d) Pennits. A huilding permit shall be required before construction or placement can take place. No accessory building shall be pemlitted prior to construction of the principal building (e) Setback requirements. When an accessory building is attached to a principal structure by a breezeway, p2lSsag,- vi othe{'wj~c;, common load beanns 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 of the principal structure. Otherwise. the following setback requirements shall apply: (I) Comer setback--On all corner lots the minimum open sideyard setback shall 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 aIonl2: the boundary of on the lot where the acce.c;sorv building is to be located and the width of that easement is greater than that the setback addressed above, then the interior easement me shall prevail boundary shalt constitute the required minimum setback except as provided in this subsection (e), No accessory building shat! be constructed or placed on an easement, unless the easement expressly permits the accessory building to be constructed or placed on the easement property and the required setbacks set forth herein are satisfied. ill Detached accessory gara~es. For Durposes of this subsection (0, the word "detached" shall mean the accessory garage is not under the same roof as, and does not share a common load bearing waIl with. the principal structure. ^ maximum of one (I) detached accessory garage shall be permitted as a conditional use provided the city commi$sion finds the folloV-Ilng requirements are Slltisfied at a public hearing: City ofWilltcr Spring:! Ordinance No. 2002-14 r.1;C J of 6 (l) The detached .Rarage shall be compatiblc with and shall not adversely affeq the "( surrounding neighborhood or adjacent properties: QLOn lots zoned residential, the use of the detached garage shall be limited to the parking Qf motor vehicles and other uses customarily associated with a single family residence. and related to the principal structure, such as the keeping of recreational and lawn equipment. The detached garage shall not be used as living quarters; (3) The detached garage shall be an accessory structwe to a principal building; (4) The lot on which the detached ~arage will be located shall be a minimum of20,OOO square feet; (5) The size of the detached garage shall not exceed fifty percent (50%) of the square footage of the first floor of the principal buildin~: (6) The detached garage shall be architecturally similar in design to the principal building including, but not limited to, building materials and roof line: (7) The height of the detached garage shall not exceed the height of the principal building or fifteen feet (I5 fi), whichever is less: (8) The detached gara~e shall be located to the rear of the front building line of the principal Qy~ (9) The detached ~arage shall meet all setback and maximum lot coverage requirements of the applicable zoning district: (10) No more than one (I) accessorv building shall be allowed on a lot on which exists a detached garage: and City of Winter Sp~~ Ordmance No. 2002-14 p, go> 1 of 6 _ . -. " . - i (11) A building Demut shall be required upon approval of a conditional use Permit by the citv commission No detached garage shall be permitted prior 10 constnlction of the principaJ building Section 3. Repeal of Prior lnconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Sect;!,)" 4. Incorporation Toto Code. This ordinance shall be incorporated 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 suhstantive, procedural, or any other reason, such portion shall be deemed a separate, distinct 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 J 2002. PAUL P. PARTYKA Mayor Cily ufWinter Springs Ordinance No. 2002-14 Pase 5 "r 6 ATTEST: ANDREA LORENZO-LUACES City Clerk Approved as to Jegal form and sufficiency for the City of Winter Springs on1)': Anthony A. Garganese, City Attorney First Reading: Second Reading: Effective Date: City of Wiuter Spring~ Ordinance No. 2002-14 r.se 6 of 6 1.1'''''''.'_l.h:)_ ")(7\(':'/ 1 c.: --;'"? .1(''7 .,.1:>C; qC;qh q,..1X P.3~