HomeMy WebLinkAbout2010 10 25 Public Hearing 500 Second Reading Ordinance 2010-08 Amending Code Accessory Dewlling Units COMMISSION AGENDA
ITEM 500
Consent
ootion
Public Hearin X
Re : lar
October 25, 2010
Meeting
1 Mgr. / De
REQUEST: The Community Development Department — Planning Division requests that the City
Commission hold a Public Hearing for Second Reading of Revised Ordinance 2010 -08, amending the
Code to allow Accessory Dwelling Units (ADUs) as a Conditional Use in single family zoning districts
subject to certain criteria.
SYNOPSIS: The Comprehensive Plan in Future Land Use Element Policy 1.1.6; and Housing
Element Policies 1.3.9, 1.3.13, 1.4.6, and 2.4.7, directs that Accessory Dwelling Units (ADUs) may be
allowed as a conditional use in single family dwelling zoning districts, subject to strict design
compatibility standards. This ordinance provides the enabling language and criteria for the allowance of
ADUs.
CONSIDERATIONS:
APPLICABLE LAW, PUBLIC POLICY, AND EVENTS
Section 2 (b), Article VIII, of the State Constitution.
Sec. 163.3194, Florida Statutes- Legal Status of Comprehensive Plan
Sec. 163.3201, Florida Statutes- Relationship of Comprehensive Plan in exercise of Land Development
Regulatory Authority
Sec. 166.041, Florida Statutes- Procedures for adoption of ordinances and resolutions.
Winter Springs Charter Section 4.15 Ordinances in General.
Winter Springs Code of Ordinances, Chapter 20.
Winter Springs Comprehensive Plan- The Comprehensive Plan directs that ADUs may be allowed as a
conditional use (subject to strict design compatibility guidelines), within single family dwelling zoning
districts. [See Future Land Use Element Policy 1.1.6; and Housing Element Policies 1.3.9, 1.3.13, 1.4.6, and
2.4.7.]
BACKGROUND DATA
Increasingly, the City is having inquiries from individuals who wish to expand their residence to
accommodate an elderly relative. Accessory Dwelling Units (referred to as ADUs), provide an
economical, semi - independent living housing solution for an elderly relative or other individual, without
the investment in additional land or public infrastructure.
October 25, 2010
PUBLIC HEARING AGENDA ITEM 500
Page 2
An ADU is an additional, self - contained dwelling on the same lot or parcel as an existing residence. It
may be built within a pre - existing structure but sometimes is an addition to the structure or is a separate
stand alone structure. ADUs require no additional land or governmental funding. According to the
Atlanta Regional Commission Land Use Coordinating Committee Envision 6 Report, "ADUs increase
the amount of affordable housing options for individuals that otherwise might not be able to live in a
particular community." The U.S. Department of Housing and Urban Development also considers ADUs
as an affordable housing option for many low- and moderate - income residents. Because ADUs use
existing infrastructure (e.g., water, sewer, utilities, landscaping), they are cheaper to build than ordinary
housing, but increase a property owner's investment and future return.
Currently the code will allow expansion of the principal structure, but will not allow that expansion to
include independent living facilities, most notably a kitchen.
This amendment will allow for a second independent dwelling unit, which is ancillary to the principal
structure, to be placed on the lot or parcel, subject to the identified criteria and scrutiny of the conditional
use process.
The criteria includes size, placement on the lot or parcel, height, and architectural compatibility. The
ADU is subject to the same setback requirements as the principal dwelling.
ADUs are true life -cycle housing, supporting flexibility and family stability over time. The extra income
from secondary units can help make mortgage payments possible for new homeowners. It can give
housing to childcare or in -home health care workers. It can supply extra income when the economic
shifts of divorce, untimely death, or illness intervene. And an ADU can offer safe, semi independent,
and inexpensive housing for elderly or disabled relatives, as well as returning adult children. Currently,
ADUs are not allowed anywhere in the City except in the Town Center.
Allowing homeowners to add an ADU to their property is one of the most promising strategies the City
has for increasing the geographic dispersal and supply of transitional independent housing within the
City. The design compatibility standards associated with the granting of a conditional use permit will
assure that the appearance and quality of an existing neighborhood is not negatively impacted.
As with all conditional use approvals, if a building permit has not been issued within two years, it
becomes null and void.
SUMMARY OF PROPOSED CODE CHANGES
1. A definition for Accessory Dwelling Units has been added to the Zoning Code (Sec. 20 -1).
2. Accessory dwelling units have been added as a Conditional Use within single family dwelling
districts as directed by the Comprehensive Plan. Accessory dwelling units have been added as a
Conditional Use in Chapter 20 under the R -C 1; R -1 AAA, R -1 AA; R -1 A; R -1; R -3; and PUD
zoning districts. ADUs are already allowed as a permitted use in the Town Center and therefore
are not subject to these requirements.
3. The ADU will be required to replicate the design of the principal dwelling by use of similar
exterior wall materials, window types, door and window trims, roofing materials and roof pitch.
The design is subject to the Minimum Community Appearance and Aesthetic Review Standards
to ensure residential compatibility and harmony (see Sec. 9 -600 et. seq.).
October 25, 2010
PUBLIC HEARING AGENDA ITEM 500
Page 3
4. In addition to these design compatibility guidelines already included in the Code, specific criteria
pertaining to Accessory Dwelling Units has been added to Chapter 6. Buildings and Building
Regulations (Sec. 6 -88). These include:
a. An ADU can only be added if a single family dwelling currently exists or if it will be
constructed in conjunction with the ADU.
b. Only one ADU will be allowed per lot or parcel.
c. The ADU has to meet the front, side and rear yard regulations and building height
regulations for the zoning district in which it is located.
d. A minimum of one (1) parking space shall be provided on -site for the ADU, in addition
to the required off - street parking regulations for the principal residence.
e. The ADU cannot be sold as a separate property.
f. A minimum principal residence size of 1350 SF is required.
g. A minimum lot size of 5000 SF will be required.
h. The minimum size for an ADU will be 400 SF; however, the ADU cannot be more than
30 percent of the principal residence or 800 square feet, whichever is less. .
i. Privacy and screening of adjacent properties will be of the utmost importance in the
orientation of the ADU.
5. Accessory Dwelling Units will be exempted from impact fees in order to encourage property
owners to pursue investing in an ADU (see Housing Element Policy 1.3.13). However, a utility
connection fee and stormwater fee will be charged if a separate meter is requested.
6. The approval of an ADU will be subject to the Conditional Use process described in Sec. 20 -33.
The conditional use /aesthetic review approval will include a Public Hearing which will be
noticed to all property owners within one hundred fifty (150) feet of the subject property
requesting the ADU. An ADU will not be approved, if prohibited by the declarations, covenants,
conditions and restrictions of a homeowner's association. The City Commission may impose
reasonable conditions to the extent deemed necessary and relevant to ensure compliance with
applicable criteria and other applicable provisions of the City Code and Comprehensive Plan (see
Sec. 20 -27).
7. Before obtaining a building permit for an accessory dwelling unit with a conditional use
approval, the property owner shall file with the county recorder a declaration of restrictions
containing a reference to the deed under which the property was acquired by the present owner
and stating that:
a. The ADU shall not be sold separately.
b. The ADU is restricted to the approved size.
c. The above declarations are binding upon any successor in ownership of the property; lack
of compliance shall be cause for code enforcement and/or revoking the conditional use
permit.
d. The deed restrictions shall only be removed with the consent of the city, but shall lapse
upon removal of the accessory unit.
October 25, 2010
PUBLIC HEARING AGENDA ITEM 500
Page 4
FISCAL IMPACT:
Improvements that are installed on existing residential properties typically result in an increase to the
taxable value of the property. In this case, the value lies primarily in the property owner upgrading his
investment.
COMMUNICATION EFFORTS:
Agenda Items are posted in City Hall and posted on City's Website. Additionally:
Aug. 22, 2010 - Public Noticing in the Orlando Sentinel of Local Planning Agency Public Hearing
Sept. 1, 2010- Public Hearing before the Local Planning Agency
Oct. 3, 2010- Public Noticing in the Orlando Sentinel of 1 Reading Public Hearing
Oct. 11, 2010- 1st Reading of Ordinance 2010 -08 before the City Commission
Oct. 17, 2010- Public Noticing in Orlando Sentinel of 2 Reading/Adoption Public Hearing
Oct. 25, 2010- City Commission Public Hearing for 2nd Reading/Adoption of Ordinance 2010 -08
RECOMMENDATIONS:
P &Z/LOCAL PLANNING AGENCY RECOMMENDATION:
At a regular meeting of the P &Z/Local Planning Agency Board held on September 1, 2010, the Board
voted 4to 1 (four in favor, one in opposition) to recommend approval of Ordinance 2010 -08, amending
the Code to allow Accessory Dwelling Units (ADUs) as a Conditional Use in single family zoning
districts subject to certain criteria. The board member in opposition felt that the addition of any ADU's
into single family zoning districts undermined the intent of the single family zoning district.
STAFF RECOMMENDATION:
Staff recommends that the City Commission hold a Public Hearing for Second Reading of Revised
Ordinance 2010 -08, make any corrections deemed necessary, and Adopt the Ordinance.
ATTACHMENTS:
A- Noticing in Orlando Sentinel
B- P &Z Minutes
C- Ordinance 2010 -08
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REUNIONS Meroyc@yahoo.com. Cocoa Bea
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High slehool Class 011976: A reunion is 1 -2, 2011. July 1: NOTICE OF CHANGES TO -
being planned for December. eying with DJ, d
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trict, 4316 w. State Road 46, SchooiCltass ' Facebook, JBlen • CiTY OF WINTER SPRINGS
Sanford, $30. RSVP with check reunion Is being planned for or Bob Craig, RI:
by Sept 27. Details: Colleen April, 2011. Details: Mark hoo.com. NOTICE IS HEREBY GIVEN THAT
Holley Jarrell, cnhjarrell@ya- Rash, edgewater71@gmail.com. Jonas HIgI
hoocom;Dayle Healy Bau- WIlllamR. Boone High Classol'1971 THE CITY COMMISSION OF
meister,daylebaumeis- School Class of196t April beingplannedJ THE CITY OF WINTER SPRINGS
ter@gmaiLcom. 29-May 1, 2011, Hotel Sonesta, at the Dr. James
Bishop Moore Class of Orlando. Details: Louise Carter borfiood Center PROPOSES TO ADOPT:
1980: Oct 8-9. Oct. 8: BMHS Borsoi, 407-841-0496, borsoi- Blvd., Orlando. I:
football, then Houston's restau- Iouise@hotmail.com. Broome -Moore; ORDINANCE NO 2010 -08
rant. 7 p.m. to midnight Oct 9: Seabreers High • ms1o1698@cfl.
Malson &Jardin,430Wymore SchhoolClass of1981: 'viva AN ORDINANCE OF THE CiTY COMMISSION OF THE
Road, Altamonte Springs, 24-26, 2011, Daytona Beach. CITY OF WINTER SPRINGS, FLORIDA RELATED TO
loh -862-4 onja din.com 'ls: .a ir @sbcglobal.net. October j ACCESSORY DWELLING UNITS ( "ADU'S "); AMENDING
Facebook "BMHS Class of 80." CHAPTER 6 OF THE CITY CODE TO PROVIDE FOR
Apopka HighSehooi BUILDING CONSTRUCTION STANDARDS FOR ADU'S;
Clissesof1976�1979:°ct `,-'.'''`,;••.: ,_' ' . . -. AMENDING CHAPTER 20 OF THE CiTY CODE TO
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Oak RWa High A �'c"t'us on Single= lrrc•i siori CONFORMINGAMENDMENTS TO CHAPTERS 9 AND 19;
School Class of 1970: Oct.
15-16, Ventura Country Club, PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
3201 Woodgate Blvd, Orlando. : ORDINANCES AND RESOLUTIONS, INCORPORATION
Details: Ken Dibble, Ken.Dlbr r pia yO'u , INTO THE CODE, SEVERABiLITY, AND AN EFFECTIVE
ble@vbmb.org; Bphil- +s
lips@cfl.rr.com. Single Incision DATE.
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School Class ofW75:Oct , ` b le e d in g arfdI WiLL BE HELD ON '
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p.m. Oct. 16, BMHS football ' d 1. SIL
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Facebook BMHS lass of 75. - • '' :expierlenced in
Bishop Moore Catho D �_ frededck Hoov ,
• you are a tand� AT 5:15 P.M.
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should di'scus l
MILS: Oct 16. Details: Marcos r `
Sayago, mes625@ad.com. ?1,-; i ' . ' `
: Aitvaritei Min OR SOON THEREAFTER IN THE
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trict, Sanford. DetailsTerry k• af ,K "r i ' i°;"�D. rz.r :,.
Griffin, terryibk@gmail.com• . , H r " "t i k' , ' iii `'" , . WINTER SPRINGS, FLORIDA
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22 -23 .pct. 22: Hie- � ; . �= , Florida. For more information, call (407) 327 -1800 #227.
Winter Springs,
Orlando yn .: ^ �.; 1 , , �. ': City's Clerk's Office, located at 1126 E. SR 434,
= �tiCogyh�rl - • -
coming game at Edgewater ; l, ' r , p x 1 { y; j Persons with disabilities needing assistance to participate
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football field, drinks afterthe . ,,, � �'- `� iii f
game at Dubsdread CC 7 m. ' 'ti :,p A,:.: 'u :. _ :; ' , ': ` M : , n ' l , , =0-1: 2 -= in any of these proceedings should contact the Employee
p• T ' F ` -3 ' ' Coordinator, 48 hours in advance of the
Oct.23:40th Reunion, Dinner � .., _'. �'.,: ^'' -- r � �L � � ��, >; �_ Relations Department Coord
and Dance, University Club %e` j-'= " '` s
eNi anii6 4 it" osit meeting at (407) 327 -1800, 1236. This is a public hearing.
winter Park Ticket deadline is - ' • - ' w., • . _ -. Oct '
. 1. Details: Debbie Haley, „a. •:� ' � ',•.:.: 4 r '` sit b` meeting and b e heard with Tres that o the may appear ordinance.
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,:. • -' - If you decide to appeal any recommendation or decision made
SesMnole High School ,...,, u _• ,, ..
'' '' " :GYN 51YE - _' •� • •�• by the City Commission with respect to any mater considered
C lass ofW7o: Oct 22-23. <' w "':' k . ,.. ciT� - at this meeting, you will need a record of the proceedings, and
Details: Diane Wilson Hazeibak- - I - i rrfrerfJg .
dD ;d,: .
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er, 407- 314 -2319, non- '• '' ' ' " - ' ' - ' -' -' �" '' "` "�'`'''' ". for such purposes, you may need to ensure that a verbatim •
na9699@aoltom. ^e~: - 1r" ''`l:. ' l' .4 ..";:.4- `:4:_ record of the proceedings is made upon which the appeal is
based.
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ATTACHMENT B
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING
SEPTEMBER 1, 2010
CALL TO ORDER
The Regular Meeting of Wednesday, September 1, 2010 of the Planning And Zoning
Board/Local Planning Agency was called to Order at 7:00 p.m. by Chairman Charles
Lacey in the Commission Chambers of the Municipal Building (City Hall, 1126 East
State Road 434, Winter Springs, Florida 32708).
Roll Call:
Chairman Charles Lacey, present
Vice Chairman William H. Poe, present
Board Member Howard Casman, present
Board Member Rosanne Karr, present
Board Member Bart Phillips, present
A moment of silence preceded the Pledge of Allegiance.
INFORMATIONAL AGENDA
INFORMATIONAL
100. Not Used.
CONSENT AGENDA
CONSENT
200. Office Of The City Clerk
Requesting Approval Of The July 14, 2010 (Rescheduled From July 7, 2010)
Planning And Zoning Board/Local Planning Agency Regular Meeting Minutes.
"I MAKE A MOTION WE APPROVE THE MINUTES" (JULY 14, 2010
[RESCHEDULED FROM JULY 7, 2010]). MOTION BY BOARD MEMBER
CASMAN. SECONDED BY VICE CHAIRMAN POE. DISCUSSION.
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING - SEPTEMBER 1, 2010
PAGE 2 OF 7
VOTE:
BOARD MEMBER KARR: AYE
CHAIRMAN LACEY: AYE
BOARD MEMBER PHILLIPS: NAY
BOARD MEMBER CASMAN: AYE
VICE CHAIRMAN POE: AYE
MOTION CARRIED.
AWARDS AND PRESENTATIONS
AWARDS AND PRESENTATIONS
300. Not Used.
400. REPORTS
Regarding the Jetta Point property, Mr. Randy Stevenson, ASLA, AICP, Director,
Community Development Department addressed the Board Members and stated, "This is
part of the property that was subject to the Settlement Agreement from 1990 — governing
part of the property — westernmost twenty -five percent (25 %) of Jetta Point Park."
Next, the Permitted Commercial Uses of the Tuscawilla Planned Unit Development was
shown.
Chairman Lacey asked, "If we didn't touch the Settlement Agreement and all we did was
rescind the Text Amendment, where would that leave us ?" Mr. Stevenson replied, "The
property is Zoned — the Settlement Agreement only entails this westernmost twenty -five
percent (25 %) of the property."
Continuing, Mr. Stevenson added, "You would delete the ability for a recreational facility
to be in the C -1."
Discussion.
PUBLIC INPUT
Ms. Pamela Carroll, 865 Dyson Drive, Winter Springs, Florida: spoke about the Text
Amendment and Permitted Uses for the Jetta Point Park property and noted she was in
support of Agenda Item "500 ".
Mr. Mike Demaree, 121 Lido Road, Winter Springs, Florida: addressed the Board
Members and said he supported Agenda Item "501 ".
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING - SEPTEMBER 1, 2010
PAGE 3 OF 7
In summary, Mr. Stevenson stated, "We do want to do the Text Amendment and if we do
the Text Amendment to take the Park out as a Permitted Use and not put it back in."
In regard to the variety of Uses contained in the Settlement Agreement from 1990, Mr.
Stevenson suggested, "We probably need to look at trying to correct some of that at this
point in time as well, at least for this part of Parcel 15."
Mr. Lacey asked, "If there is Consensus here, we can send Randy (Stevenson) with some
direction on which way he is supposed to go. Is there any objection to the plan that he
has laid out ?"
With discussion, Vice Chairman William H. Poe stated, "You have Consensus on my
part." There were no objections voiced.
Mr. Stevenson said he would update the Board Members at the next Planning and Zoning
Board/Local Planning Agency Meeting.
PUBLIC HEARINGS AGENDA
PUBLIC HEARINGS
500. Community Development Department — Planning Division
Requests The Planning And Zoning Board/Local Planning Agency Hold A Public
Hearing For Ordinance 2010 -21, Which Revises The Administrative Procedural
Portions Of The City Code To Expressly Require And Authorize The Planning
And Zoning Board To Review And Make Advisory Recommendations On
Development Applications In The Town Center.
Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development
Department presented this Agenda Item and stated, "The Commission directed the
Attorney to prepare this Ordinance to include this Board for any Applications related to
the Town Center — currently, Aesthetic Review proposals do not go to you for any
development in the City; however, given that that would also be an Application in the
Town Center, they will also go to you for the Aesthetic Review."
Continuing, Ms. Sahlstrom added, "This is planned to go forward to the City
Commission. They already did a First Reading on it to see if they were inclined the way
the Ordinance was written and if they wanted to go ahead and have it come to this Board
in that format, and they did. It is scheduled to go to Second Reading for Adoption on
September 13 (2010). It is my understanding from the City Attorney that once it is
Adopted, it will be effective immediately." Discussion.
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING - SEPTEMBER 1, 2010
PAGE 4 OF 7
Chairman Lacey commented, "This is part one (1) of a two (2) step process after this is
done, then we move on to a broader area of process improvement that speaks to
delegating some authority to Staff, higher levels of delegation to the Planning and Zoning
Board[/Local Planning Agency] and then finally the City Commission, only getting
involved when some threshold degree is changed and the whole point of that is to make it
more business friendly to our customers."
Discussion.
Chairman Lacey opened the "Public Input" portion of this Agenda Item.
No one spoke.
Chairman Lacey closed the "Public Input" portion of this Agenda Item.
"I RECOMMEND APPROVAL OF (AGENDA) ITEM `500' AS PRESENTED."
MOTION BY VICE CHAIRMAN POE. SECONDED BY BOARD MEMBER
KARR. DISCUSSION.
VOTE:
BOARD MEMBER CASMAN: AYE
CHAIRMAN LACEY: AYE
VICE CHAIRMAN POE: AYE
BOARD MEMBER PHILLIPS: AYE
BOARD MEMBER KARR: AYE
MOTION CARRIED.
PUBLIC HEARINGS
501. Community Development Department — Planning Division
Requests The Planning And Zoning Board/Local Planning Agency Hold A Public
Hearing For Ordinance 2010 -08, Amending The Code To Allow Accessory
Dwelling Units (ADUs) As A Conditional Use In Single Family Zoning Districts
Subject To Certain Criteria.
Ms. Sahlstrom introduced this Agenda Item and presented a PowerPoint presentation
related to Accessory Dwelling Units.
As the Comprehensive Plan provides direction regarding Accessory Dwelling Units, Ms.
Sahlstrom stated, "It says that they will be allowed as Conditional Use in single family
dwelling districts and subject to strict design compatibility standards, and these standards
are to be determined and Codified into the City's Code."
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING — SEPTEMBER 1, 2010
PAGE 5 OF 7
Continuing, Ms. Sahlstrom added, "That is the whole objective for this Agenda Item
tonight is to have a discussion and to move hopefully forward with implementing this
directive and by understanding better what type of standards everyone would like to see
related to the implementation of Accessory Dwelling Units."
Discussion.
Chairman Lacey asked Ms. Sahlstrom, "Can you comment on the enforceability on the
two (2) items that I think are important; no separate utility meter and the owner residency
requirement. Can we guarantee those ?"
Ms. Sahlstrom replied, "The Attorney is actually investigating a little bit further the idea
of the Deed Restriction. Now according to the Agenda Item, I listed several items that
would be in the Deed Restriction that the ADU (Accessory Dwelling Unit) could not be
sold separately, that it is restricted to the Approved size, that the Use Permit should only
be in effect so long as the principal residents or the ADU (Accessory Dwelling Unit) is
occupied by the owner of Record and that the Declarations are binding upon any
successor in ownership of the property and that if they should lapse or be in violation,
then the Accessory Unit would have to be removed."
Lastly, Ms. Sahlstrom added, "The Attorney is looking into what can legally be required
and how you can go about doing that."
Chairman Lacey stated, "The owner occupied requirement is an important one that before
we could move forward on it, I want to be assured that that is in place and enforceable."
Discussion ensued on height restrictions and lot sizes.
Regarding Planned Unit Developments (PUD) lot sizes, Ms. Sahlstrom stated, "I believe
those lots for the most part are smaller than five thousand (5,000) square feet. I probably
need to verify that."
Next, concerns on Parking spaces were discussed.
Tape 1 /Side B
Chairman Lacey asked, "The determination from the Attorney's office, do you expect to
have that concrete before it goes to the Commission ?" Ms. Sahlstrom replied, "Yes."
Chairman Lacey added, "Whether our recommendation is one way or another ?" Ms.
Sahlstrom said, "Right."
Discussion.
Mr. Stevenson pointed out, "Since these would be Conditional Uses, the adjacent
property owners would be Notified."
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING - SEPTEMBER 1, 2010
PAGE 6 OF 7
With further discussion, Chairman Lacey stated, "I think they do require that they be in
conformance with HOA (Homeowner's Association) Covenants ?" Ms. Sahlstrom agreed
and said, "Yes."
Continuing, Ms. Sahlstrom explained, "If the HOA (Homeowner's Association)
Covenants restricts it and won't allow it, then it can not be permitted as a Conditional
Use by the City. The HOA's (Homeowner's Association) overrule."
Chairman Lacey opened the "Public Input" portion of this Agenda Item.
No one spoke.
Chairman Lacey closed the "Public Input" portion of this Agenda Item.
"I RECOMMEND APPROVAL OF ITEM `501' WITH THE RESTRICTIONS
THAT WE HAVE PLACED UPON, OWNER OCCUPIED, AS WELL AS THE
PARKING AND ALL THE OTHER CONCERNS AND ANY OTHER LEGAL
ISSUES THAT MIGHT BE BROUGHT TO US BY THE CITY ATTORNEY."
MOTION BY VICE CHAIRMAN POE. SECONDED BY BOARD MEMBER
PHILLIPS. DISCUSSION.
VOTE:
CHAIRMAN LACEY: AYE
BOARD MEMBER KARR: AYE
VICE CHAIRMAN POE: AYE
BOARD MEMBER PHILLIPS: AYE
BOARD MEMBER CASMAN: NAY
MOTION CARRIED.
REGULAR AGENDA
REGULAR
600. Not Used.
Next, Ms. Sahlstrom addressed the Board Members regarding an additional Meeting date
in September to discuss upcoming projects.
Board Member Howard Casman indicated, "I have no problem with the 15 (September
2010) or the 22 °a , (September 2010)." Board Member Rosanne Karr added, "That is
fine."
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING — SEPTEMBER 1, 2010
PAGE 7 OF 7
Chairman Lacey asked Ms. Sahlstrom, "Do you think you would be ready with any of
these ?" Ms. Sahlstrom responded, "The 22 or the 23 (September 2010) would be a
better date to give more lead time." Chairman Lacey asked the Board Members, "Is there
any objection to the 22 (September 2010) ?" Vice Chairman Poe replied, "None here."
There were no objections voiced.
Chairman Lacey stated, "It is my intention to resign from Planning and Zoning
(Board/Local Planning Agency) effective my Appointment for my replacement being
Appointed — depending on the time of that I may or may not be here for the Meeting on
the 22 (September 2010)."
Next, Chairman Lacey stated, "I just wanted to let everyone know first of all, thank you
for working with me and your confidence in making me your Chairman."
ADJOURNMENT
Chairman Lacey adjourned the Regular Meeting at 8:02 p.m.
RESPECTFULLY SUBMITTED:
JOAN L. BROWN
DEPUTY CITY CLERK
APPROVED:
CHARLES LACEY, CHAIRMAN
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
NOTE: These Minutes were approved at the , 2010 Planning And Zoning Board/Local Planning Agency
Regular Meeting.
ATTACHMENT C
ORDINANCE NO. 2010 -08
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA RELATED TO
ACCESSORY DWELLING UNITS ( "ADU'S"); AMENDING
CHAPTER 6 OF THE CITY CODE TO PROVIDE FOR
BUILDING CONSTRUCTION STANDARDS FOR ADU'S;
AMENDING CHAPTER 20 OF THE CITY CODE TO
AUTHORIZE ADU'S AS A CONDITIONAL USE IN THE R-
1AAA, R -C1, R -1AA, R -1A AND PUD ZONING DISTRICTS;
AMENDING DEFINITIONS; MAKING CONFORMING
AMENDMENTS TO CHAPTERS 9 AND 19; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT ORDINANCES
AND RESOLUTIONS, INCORPORATION INTO THE CODE,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the Comprehensive Plan in Future Land Use Element Policy 1.1.6; and
Housing Element Policies 1.3.9, 1.3.13, 1.4.6, and 2.4.7, provides that Accessory Dwelling Units
may be allowed as a conditional use in single family dwelling zoning districts; and
WHEREAS, Accessory Dwelling Units can be a way to value our seniors by providing
additional opportunity for them to "age in place" and to maintain their dignity, security and
independence within the City of Winter Springs; and
WHEREAS, the City's population of elderly residents is projected to increase; and
WHEREAS, the Florida Legislature has found that it serves an important public purpose to
encourage the permitting of accessory dwelling units in single - family residential areas. See
§163.31771, Fla. Stat. (2010); and
WHEREAS, the need for affordable housing can affect people of all ages including the
elderly; and
WHEREAS, the U.S. Department of Housing and Urban Development has found that
accessory dwelling units are an affordable housing option for many low and moderate - income
residents. See HUD, Accessory Dwelling Units: Case Study, June 2008; and
WHEREAS, Accessory Dwelling Units can provide for affordable housing options which
meet the locally recognized values of community appearance and design, and be absorbed and
integrated into the fabric of existing neighborhoods; and
WHEREAS, Accessory Dwelling Units can be a way for homeowners to supplement their
income during a time of economic hardship, reducing the likelihood of foreclosure; and
City of Winter Springs
Ordinance No. 2010 -08
Page 1 of 13
WHEREAS, section 9 -607 of the City Code, describes the requirements for residential
compatibility and harmony regulations; and
WHEREAS, the City prohibits additions, modifications and expansions of structures and
buildings that are incompatible and not in harmony with the subject property and the surrounding
neighborhood; and
WHEREAS, the City requires that the aesthetic and architectural details of a residential
project are compatible with the surrounding area and serve to enhance the character of that area; and
WHEREAS, the City has previously established that compatibility and harmony shall be
determined based on a review of the setting, landscaping, proportions, materials, colors, texture,
scale, unity, balance, rhythm, contrast and simplicity of the proposed addition, modification or
expansion; and
WHEREAS, the City Commission hereby expressly finds that this Ordinance is consistent
and in furtherance with the City's long standing policy pursuant to Housing Element Policy 1.3.13
of the City's Comprehensive Plan to discourage the concentration of affordable housing units by
encouraging the integration of compatible affordable housing units within older and newly permitted
neighborhoods; and
WHEREAS, the City Commission of the 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.
NOW, THEREFORE, THE CITY 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. Chapter 6 Code Amendment. The City of Winter Springs Code, Chapter
6, Buildings and Building Regulations, is hereby amended as follows: (underlined type indicates
additions and strikeout type indicates deletions, while asterisks ( * * *) indicate a deletion from this
Ordinance of text existing in Chapter 6. It is intended that the text in Chapter 6 denoted by the
asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to
adoption of this Ordinance).
CHAPTER 6. BUILDINGS AND BUILDING REGULATIONS
ARTICLE III. BUILDING CONSTRUCTION STANDARDS
* **
Sec. 6-84. Accessory buildings.
(a) General. Accessory building means a detached, subordinate structure, the use of
which is clearly incidental to, customarily associated with, and related to the principal
City of Winter Springs
Ordinance No. 2010 -08
Page 2 of 13
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, private, detached
garages, bathhouses (used in conjunction with swimming pool) and similar uses. No more
than two (2) accessory buildings shall be allowed on any single lot.
• •
• • • 1r1 - • • •. •• • • • • • •• • .1 • • • • •
•, . , • • • . • • • • • • • •1 • Accessory dwelling units
(ADUs) shall be subject to section 6 -85 of this Code and are not subject to the provisions of
this section.
(b) Height and size restrictions. The maximum height of an accessory building shall be
twelve (12) feet measured from ground level. The maximum size of any structure shall be
two hundred forty (240) square feet. Notwithstanding the restrictions set forth in this
subsection, detached, private garages may exceed twelve (12) feet in height without city
commission approval provided the city manager or designee thereof determines that each
criteria in subsection (0(3) herein is satisfied. Further, detached, private garages may exceed
two hundred forty (240) square feet, but in no case shall exceed one -third (1/3) of the air -
conditioned square footage area of the principle principal structure.
* **
(e) Setback requirements. When an accessory building is attached to a principal structure
by a breezeway, passage or otherwise, it shall become a part of the principal structure and
shall be subject to the required setbacks of the principal structure.
* **
(5) Detached, private garages which exceed twelve (12) feet in height or two
hundred forty (240) square feet in area must meet the setbacks of the applicable
zoning district for the principle principal structure.
Sec. 6 -85. Accessory dwelling units.
Accessory dwelling units (ADUs) must conform to the following standards:
(a) Zoning District. A property owner may request a conditional use approval to allow
one (1) accessory dwelling unit in any of the following zoning districts:
R -1AAA Single- Family Dwelling District
R -CI Single- Family Dwelling District
R -1 AA & R-1A One - Family Dwelling District
R -1 One - Family Dwelling District
Planned Unit Development District
(b) Existing Development on Lot. A single - family dwelling shall exist on the lot or will
be constructed in conjunction with the ADU.
(c) Location. The ADU may be attached to or detached from the principal dwelling.
City of Winter Springs
Ordinance No. 2010 -08
Page 3 of 13
(d) Declaration of Restrictions. Prior to the issuance of a building permit for
construction of an ADU, an applicant shall record in the public records of Seminole County
a declaration of restrictions containing a reference to the legal description of the property and
the deed under which the property was conveyed to the present owner stating that:
(1) The ADU shall not be sold or conveyed separate from the principal residence;
(2) The ADU is restricted to the approved size;
(3) The declarations shall run with the land, shall be binding upon any successor
in ownership of the property and that noncompliance shall be cause for code
enforcement and/or revocation of the conditional use permit;
(4) The deed restrictions shall only be removed with the express, written approval
of the city, but shall lapse upon removal of the accessory unit.
(e) Number of ADUs Per Lot or Parcel. Only one (1) ADU shall be allowed for each lot
or parcel.
(f) Setbacks. The ADU shall meet the front, side and rear yard regulations for the zoning
district in which it is located.
(g) Building Height and Stories. The ADU shall meet the building height regulations for
the zoning district in which it is located.
(h) Lot Coverage. The sum of the principal dwelling and the ADU shall meet the lot
coverage regulations for the zoning district in which they are located.
(i) Parking and Access. A minimum of one (1) parking space shall be provided on -site
for the ADU in addition to the required off- street parking spaces required for the principal
residence. The ADU shall be served by the same driveway as the principal dwelling.
(j) Water and Wastewater Services. An ADU is required to connect to the central water
and sewer system where available. An ADU may be separately metered for utilities subject
to all applicable ordinances and utility policies. Where central water and sewer service is not
available, the septic system and well shall meet the capacity requirements.
(k) Other Code Requirements. The ADU shall comply with all applicable building
codes.
(1) Lot Size Minimum; principal residence minimum. A minimum lot size of 5,000
square feet is required and the principal residence shall be a minimum of 1,350 square feet
of air conditioned area.
(m) Unit Size. The living area of the ADU shall be a maximum of thirty percent (30 %)
of the air conditioned area of the principal residence or 800 square feet, whichever is less.
However, the ADU shall contain no less than 400 square feet of air conditioned area. ADUs
that utilize alternative green construction methods that cause the exterior wall thickness to
be greater than normal shall have the unit square footage size measured similar to the interior
City of Winter Springs
Ordinance No. 2010 -08
Page 4 of 13
square footage of a traditional frame house.
(n) Design. The ADU shall replicate the design of the principal dwelling by use of
similar exterior wall materials, window types, door and window trims, roofing materials and
roof pitch. The design is subject to the Minimum Community Appearance and Aesthetic
Review Standards to ensure residential compatibility and harmony (see Sec. 9 -600 et. seq.).
(o) Privacy. Privacy and screening of adjacent properties is of utmost importance in the
orientation of the ADU. Entrance and windows of the ADU shall face the interior of the lot
and/or public street as much as possible. Windows which do face the adjoining property
shall be designed to protect the privacy of neighbors. Landscaping shall be used to further
provide for the privacy and screening of adjacent properties.
(p) Expiration. As with all conditional use approvals, if a building permit has not been
issued within two (2) years for the ADU, the approval becomes null and void (see Sec. 20-
36).
(q) Approval Process. The conditional use /aesthetic review approval of an ADU is
subject to a Public Hearing. A notice will be sent to all property owners within 150 feet of
the subject property. An ADU will not be approved if prohibited by the declarations,
covenants, conditions and restrictions of a homeowners' association. The City Commission
may impose reasonable conditions of approval to the extent deemed necessary and relevant
to ensure compliance with applicable criteria and other applicable provisions of the city code
and comprehensive plan (see Sec. 20 -27 and Sec. 20 -33).
Sec. 6 -86. Sec: Screen enclosures.
Sec. 6 -87. Sez. 6-86: Minimum setback requirements within PUD zoning districts.
* **
Sec. 6 -88. Sec.6 -8-7: Temporary storage structures.
* **
Secs. 6- 89.6488 — 6 -100. Reserved.
Section 3. Chapter 9 Code Amendment. The City of Winter Springs Code, Chapter
9, Land Development, is hereby amended as follows: (underlined type indicates additions and
strikeout type indicates deletions, while asterisks ( * * *) indicate a deletion from this Ordinance of
text existing in Chapter 9. It is intended that the text in Chapter 9 denoted by the asterisks and set
forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this
Ordinance).
* **
CHAPTER 9. LAND DEVELOPMENT
City of Winter Springs
Ordinance No. 2010 -08
Page 5 of 13
ARTICLE VIII. IMPACT FEES
* **
DIVISION 3. POLICE, FIRE, PUBLIC BUILDINGS AND PARKS AND RECREATION
* **
Sec. 9- 391.2. Definitions.
Unless otherwise specified herein, the definitions, classifications and uses shall be as set forth
in the City of Winter Springs Land Development Code.
* **
(g) Residential: Includes single- family dwellings, multifamily dwelling units, and mobile
h omes, • • • , • • '� ., , • • • • • II . 11
Sec. 9- 391.3. Applicability and exemptions.
(a) This division shall apply to all new construction within the city limits except the
following:
(1) Expansion of a residential dwelling unit or the creation
of an accessory dwelling unit on the same parcel as the primary dwelling; and
* **
Section 4. Chapter 19 Code Amendment. The City of Winter Springs Code, Chapter
19, Utilities, is hereby amended as follows: (underlined type indicates additions and strikeout type
indicates deletions, while asterisks ( * * *) indicate a deletion from this Ordinance of text existing in
Chapter 19. It is intended that the text in Chapter 19 denoted by the asterisks and set forth in this
Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance).
CHAPTER 19. UTILITIES
* **
ARTICLE V. STORMWATER MANAGEMENT UTILITY
* **
Sec. 19 -162. Definitions.
For purposes of this article, the following definitions shall apply; words used in the singular
shall include the plural, and the plural, the singular; words used in the present tense shall include the
future tense. The word "shall" is mandatory and not discretionary. The word "may" is permissive.
City of W inter Springs
Ordinance No. 2010 -08
Page 6 of 13
Words not defined herein shall be construed to have the meaning given by common and ordinary use.
* **
Equivalent residential unit (ERU) shall mean the statistical average impervious area of
residential developed property per principal dwelling unit within the city. The numerical value of
one (1) ERU shall be an impervious area that shall be adopted by the city commission in the rate
resolution.
* **
Sec. 19 -164. Schedule of rates.
(a) The stormwater management utility fee shall be adopted from time to time by
ordinance of the City Commission (the "rate ordinance "), and shall be calculated for each
developed property as follows:
(1) The fee for residential developed property is the rate for one (1) ERU
multiplied by the number of dwelling units existing on the property. Accessory
dwelling units that are separately metered for utilities shall be considered an
additional dwelling unit for purposes of calculating and billing the fee to the
accessory dwelling unit. That is, Fee = ERU x number of Dwelling Units.
* **
Section 5. Chapter 20 Code Amendment. The City of Winter Springs Code, Chapter
20, Zoning, is hereby amended as follows: (underlined type indicates additions and strikeout type
indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in
Chapter 20. It is intended that the text in Chapter 20 denoted by the asterisks and set forth in this
Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance).
Chapter 20. ZONING
ARTICLE I. IN GENERAL
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 meaning.
* **
Accessory. The term applied to a building 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 or parcel with such principal building or use.
Accessory building. A building which is clearly incidental or subordinate to and customarily
utilized adjacent to and in connection with a principal building located on the same lot. Accessory
buildings may include a detached garage, shed, gazebo, storage building, cabana or bathhouse (used
in conjunction with a swimming pool), or similar use. When an accessory building is attached to
City of Winter Springs
Ordinance No. 2010 -08
Page 7 of 13
a principal structure by a breezeway, passage or otherwise, it shall become a part of the principal
structure and shall be subject to the required setbacks of the principal structure. (Also see Sec. 6-
84. Accessory buildings.)
Accessory dwelling unit (ADU). An ancillary or secondary dwelling unit that is clearly
subordinate to the principal dwelling, which has a separate egress /ingress independent from the
principal dwelling, and which provides complete independent living facilities for one (1) or more
persons and which includes provisions for living, sleeping, eating, cooking, and sanitation. The
ADU is located on the same parcel as the principal dwelling and shall be subject to the required
setbacks of the principal structure. The ADU may be either attached to or detached from the
principal dwelling. (Also see section 6 -85. Accessory Dwelling Units).
* **
I • • • •• • • • • r. • . • N • '
•• •. • • • •• U • • •
.. • _ .1 • • . • • • • • • • . . .. • . ' '
, • • . • • • • • • . .. • '•.
• ' • . • . . • . • • • .. 1
* **
Dwelling, one family. A building designed for or occupied exclusively by one (1) family,.
except that an ancillary accessory dwelling unit may be attached to the principal dwelling unit in
certain restricted situations as prescribed by code.
* **
Garage apartment. • • • • • • • • • • • •
• • • • • , • • • • • •• .. • • • • • • • . .. • •
family: See Accessory dwelling unit.
G uest cottage. • •r.• •. I . • • • ■ • • • • IS •• • • • • ••
• • • •1 • •1 • •4 .. . 1 • • • ■1 •.. • • •h 1 • • • • . • .•
•1 • • . • • .• • I . . . 11 •11• • .4 • .• • • • •• •• ::1 , . • • • .1 • • • .
• • . . • • .1 • . •• _.See Accessory dwelling unit.
* **
Lot. A parcel of land occupied or intended for occupancy by a use permitted in this chapter,
including a principal building together with its accessory buildings, the yard areas and parking spaces
required by this chapter and having its principal frontage upon a publicly owned street and publicly
maintained streets or upon an approved place. • • .. • • ... ' . • • . , • • •
• . • .• • •. • • . • • • . • • • • . • ..1 11 • • • 11 • • •• . •.
* **
Principal building. The building or structure of chief importance or function on a parcel or
lot. In general, the primary use of the lot is carried out in the principal building.
* **
City of Winter Springs
Ordinance No. 2010 -08
Page 8 of 13
ARTICLE III. ESTABLISHMENT OF DISTRICTS
DIVISION 1. GENERALLY
* **
Sec. 20 -103. Restrictions upon lands, buildings and structures.
* **
(d) Density of population. No building, structure or premises shall be erected or
occupied or used so as to provide a greater density of population than is allowed under the
terms of the sections of this chapter for the district in which such building, structure or
premises is located. However, accessory dwelling units in single family zoning districts are
exempted from inclusion in the density calculation and may be conditionally permitted in a
zoning district as a valid single family use, subject to criteria set forth in section 6 -85.
* **
(f) Required lot and occupancy. Every building or structure hereafter erected shall be
located on a lot or tract of land as defined herein; and in no case shall there be more than one
(1) building on one (1) lot except that single family zoning districts may include as a
conditional use, one (1) accessory dwelling unit attached or detached per principal dwelling
or as hereinafter provided.
* **
DIVISION 2. R -1AAA SINGLE - FAMILY DWELLING DISTRICTS
* **
Sec. 20 -123. Conditional uses.
There shall be no conditional uses within the R -1AAA Single - Family Dwelling Districts,
except the following:
(1) One (1) accessory dwelling unit ancillary to the principal dwelling, subject to the
criteria set forth in section 6 -85,
(2 +) Churches;
(12) Schools;
(45) Public recreational areas and facilities.
* **
Sec. 20 -125. Building area regulations.
Each The principal single - family dwelling shall be located on a lot or parcel of land not less
City of Winter Springs
Ordinance No. 2010 -08
Page 9 of 13
than twenty thousand (20,000) square feet and such lot or parcel of land shall have a minimum width
of one hundred (100) feet at the building line.
* **
DIVISION 3. R -CI SINGLE - FAMILY DWELLING DISTRICT
* **
Sec. 20 -143. Conditional uses.
There shall be no conditional uses within the R -CI Single - Family Dwelling Districts, except
the following:
One (1) accessory dwelling unit ancillary to the principal dwelling, subject to the
criteria set forth in section 6 -85;
(2 +) Churches;
a2) Schools;
(43-) Public recreational areas and facilities.
* **
Sec. 20 -145. Building area regulations.
Each The principal single - family dwelling shall be located on a lot or parcel of land not less
than one (1) acre in size and such lot or parcel of land shall have a minimum width of one hundred
twenty (120) feet at the building line.
* **
DIVISION 4. R -1AA AND R -1A ONE - FAMILY DWELLING DISTRICTS
* **
Sec. 20 -163. Conditional uses.
(a) There shall be no conditional use within R -1AA and R -1A One - Family Dwelling
Districts except the following:
One (1) accessory dwelling unit ancillary to the principal dwelling, subject
to the criteria set forth in section 6 -85;
(2 +) Churches with their attendant educational buildings and recreational
facilities.. -i
(32) Public utility and service structures.. -i
City of Winter Springs
Ordinance No. 2010 -08
Page 10 of 13
(43) schools.. -1
(54) Public recreational areas and facilities ; ; -;
(665) Stadiums, independently or in conjunction with existing school facilities,
provided the seating capacity shall not exceed the student enrollment of the school
to be served plus ten (10) percent, and provided there shall be no lights or night use.
(b) Any review of an application or plan shall consider the character of the
neighborhood in which the proposed use is to be located and its effects on the
value of surrounding lands, and further, the area of the site as it relates
particularly to the required open spaces and off - street parking facilities.
(c) Any conditional use that may be granted is limited to the use and
intensity shown in the application and plans submitted, and application must
receive approval in the same manner as the original application.
Sec. 20 -165. Building area regulations.
Each The principal single - family dwelling shall be located on a lot or parcel of land having
an area of not less than ten thousand (10,000) square feet in an R -1AA Single - Family Dwelling
District and eight thousand (8,000) square feet in an R -1A Single - Family Dwelling District and such
lots or parcels of land shall have a minimum width of ninety (90) feet and seventy -five (75) feet,
respectively, at the building line.
* **
ARTICLE IV. PLANNED UNIT DEVELOPMENTS
* **
DIVISION 2. PART A. PLANNED UNIT DEVELOPMENT
* **
Sec. 20 -360. Control of development following approval after construction completed.
* **
(b) After completion of construction of the area covered by a final development plan, no
changes may be made except under the procedures provided below:
* **
(4) One (1) accessory dwelling unit ancillary to the principal dwelling may be
allowed by conditional use, unless prohibited by the declarations, covenants,
conditions and restrictions of the homeowner's association.
City of Winter Springs
Ordinance No. 2010 -08
Page 11 of 13
* **
DIVISION 3. PART B. PLANNED UNIT DEVELOPMENT
* **
Sec. 20 -387. Control of development following approval after construction completed.
* **
(b) After completion of construction of the area covered by a final subdivision plan, no
changes may be made except under the procedures provided below:
* **
(4) One (1) accessory dwelling unit ancillary to the principal dwelling may be
allowed by conditional use, unless prohibited by the declarations, covenants,
conditions and restrictions of the homeowner's association.
* **
Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts ofpri or ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 7. Incorporation Into 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. Grammatical, typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this ordinance and the City Code may be freely made.
Section 8. 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, 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 9. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City
Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the day of , 2010.
JOHN F. BUSH, Mayor
City of Winter Springs
Ordinance No. 2010 -08
Page 12 of 13
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 Legal Ad Published:
First Reading:
Second Legal Ad Published:
Effective Date:
City of Winter Springs
Ordinance No. 2010 -08
Page 13 of 13
Page 1 of 1
Andrea Lorenzo-luaces
From: Andrea Lorenzo-luaces
Sent: Thursday, October 21, 2010 10:47 AM
To: _Mayor 8� Commission; Kevin Smith; Anthony Garganese
Cc: Randy Stevenson; _City Clerk Department
Subject: Public Hearings Agenda Item 500
Importance: High
Good Morning,
The below link is information that was to be included with the Agenda Item that you have already
received for Public Hearings Agenda Item 500 for Monday's October 25, 2010 City Commission Regular
Meeting. We are in the process of providing you with a b/w paper copy (our apologies for no color
copy as our color printer is down) which should be in your mailboxes within the next few minutes.
http•//www huduser org/Publications/PDF/adu.pdf
We apologize for any inconvenience.
Th�nk you,
tl
�
r •
{-
;k—' Ancfre� Lorenzo-Lu�ces, MMC City Clerk
City oF Winter Springs, Florid�
0 1126 E�st St�te Ro�c� 434
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F 11
Accessory Dwelling Units: Case Study
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U.S. Department of Housing and Urban Development
Office of Policy Development and Research
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D -Evelapment
and Roscarch
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Accessory Dwelling Units:
Case Study
Prepared for:
U.S. Department of Housing and Urban Development
Office of Policy Development and Research
Prepared by:
Sage Computing, Inc.
Reston, VA
June 2008
The contents of this report are the views of the contractor and do not necessarily reflect the views or policies of
the U.S. Department of Housing and Urban Development or the U.S. Government.
Table of Contents
Introduction..................................................................... ...............................
Historyof ADUs ............................................................. ...............................
Types of Accessory Dwelling Units ............................. ..............................2
Benefits of Accessory Dwelling Units ......................... ..............................2
Examples of ADU Ordinances and Programs ........... ..............................3
Conclusion........................................................................ ..............................7
AppendixA ..................................................................... .............................A-
AppendixB ...................................................................... ............................B -I
AppendixC ..................................................................... ............................0 -1
AppendixD .................................................................... .............................D-
AppendixE ....................................... ............................... ............................E -1
AppendixF ...................................................................... .............................F-
iii
Accessory Dwelling Units: Case Study
Introduction
Accessory dwelling units (ADUs) — also referred to
as accessory apartments, second units, or granny flats
— are additional living quarters on single - family lots that
are independent of the primary dwelling unit. The sepa-
rate living spaces are equipped with kitchen and bath-
room facilities, and can be either attached or detached
from the main residence.' This case study explores how
the adoption of ordinances, with reduced regulatory
restrictions to encourage ADUs, can be advantageous
for communities. Following an explanation of the various
types of ADUs and their benefits, this case study
provides examples of municipalities with successful
ADU legislation and programs.
housed between 20,000 to 30,000 secondary units, 90
percent of which were built illegally.'
In response to suburban sprawl, increased traffic con-
gestion, restrictive zoning, and the affordable housing
shortage, community leaders began advocating a change
from the sprawling development pattern of suburban
design to a more traditional style of planning. Urban
design movements, such as Smart Growth and New
Urbanism, emerged in the 1990s to limit automobile
dependency and improve the quality of life by creat-
ing inclusive communities that provide a wide range of
housing choices. Both design theories focus on reform-
ing planning practices to create housing development
that is high density, transit - oriented, mixed -use, and
mixed - income through redevelopment and infill efforts.'
History of ADUs
Development of accessory dwelling units can be traced
back to the early twentieth century, when they were a
common feature in single - family housing. After World
War 11, an increased demand for housing led to a boom-
ing suburban population. Characterized by large lots
and an emphasis on the nuclear family, suburban devel-
opment conformed to Euclidean -type zoning codes, a
system of land -use regulations that segregate districts
according to use.'
Suburbs continued to be a prevalent form of housing
development throughout the 1950s and 1960s. The rapid
growth of suburbs reinforced the high demand for
lower- density development, and ultimately led most
local jurisdictions to prohibit ADU construction. In spite
of zoning restrictions, illegal construction of ADUs con-
tinued in communities where the existing housing stock
was not meeting demand; San Francisco was one such
community. During World War 11, the Bay Area experi-
enced a defense boom that created a high demand for
workforce housing, resulting in a large number of
illegally constructed second units. By 1960, San Francisco
In the late 1970s to the 1990s, some municipalities
adopted ADU programs to permit the use and construc-
tion of accessory units. Many of these programs were
not very successful, as they lacked flexibility and scope.
Although a number of communities still restrict devel-
opment of accessory dwelling units, there is a growing
awareness and acceptance of ADUs as an inexpensive
way to increase the affordable housing supply and
address illegal units already in existence.
Municipal Research and Services Center of Washington, Accessory Dwelling Units, October 1995, http: / /www.mrsc.org /Publications /textadu.
aspx #tenant.
2 Transportation and Land Use Coalition, Accessory Dwelling Units, http: / /www.transcoalition .org /ia /acssdwel /OI.html #body.
3 Transportation Research Board, The Costs of Sprawl Revisited, 1 998, http: / /onlinepubs.trb. org /onlinepubs /tcrp /tcrp_rpt_39- a.pdf.
^ San Francisco Planning and Urban Research Association, Secondary Units:A Painless Way to Increase the Supply of Housing, August 2001,
http://www.spur.org/newsletters/080 I . pdf.
' New Urban News, The New Urbansim —An alternative to modern, automobile- oriented planning and development, July 2004,
http: // www. newurbannews .com /AboutNewUrbanism.html.
1
Types of Accessory Dwelling Units
Depending on their location relative to the primary dwell-
ing unit, ADUs can be classified into three categories: in-
terior, attached, and detached.' Interior ADUs are located
within the primary dwelling, and are typically built through
conversion of existing space, such as an attic or basement.
Attached ADUs are living spaces that are added on to the
primary dwelling. The additional unit can be located to the
side or rear of the primary structure, but can also be con-
structed on top of an attached garage. Detached ADUs are
structurally separate from the primary dwelling. They can
be constructed over existing accessory structures, such
as a detached garage, or they can be built as units that are
separate from accessory and residential structures.
Benefits of Accessory Dwelling Units
Accessory dwelling units offer a variety of benefits to com-
munities. They help increase a community's housing supply,
and since they cost less than a new single - family home on
a separate lot, they are an affordable housing option for
many low- and moderate - income residents.' Elderly and /or
disabled persons who may want to live close to family
members or caregivers, empty nesters, and young adults
just entering the workforce find ADUs convenient and
affordable.' In addition to increasing the supply of afford-
able housing, ADUs benefit homeowners by providing
extra income that can assist in mitigating increases in the
cost of living.
Accessory dwelling units have other advantages as well.
They can be designed to blend in with the surrounding
architecture, maintaining compatibility with established
neighborhoods and preserving community character.
Furthermore, there is no need to develop new infrastruc-
ture, since ADUs can be connected to the existing utilities
of a primary dwelling. Allowing ADUs facilitates efficient
use of existing housing stock, helps meet the demand for
housing, and offers an alternative to major zoning changes
that can significantly alter neighborhoods.'
ON
ADU attached to the side of a garage addition
Illustration: RACESTUDIO and city of Santa Cruz
e Transportation and Land Use Coalition.
' Atlanta Regional Commission, Accessory Dwelling Units, August 2007, http: / /www.atlantaregional.com /documents/
Accessory_Dwel ling_Un its_.pdf.
e Ibid.
e Municipal Research and Services Center of Washington.
2
Examples of ADU
Ordinances and Programs
The following section of the case study provides an
overview of ADU ordinances that have been adopted by
five communities from across the nation. To gain a wider
understanding of ADU programs in practice, the five com-
munities have been chosen to represent a diverse range of
geographic, demographic, and socioeconomic characteris-
tics with different land use and growth control policies.
Lexington, Massachusetts
Lexington, Massachusetts is an affluent historic town,
located I I miles northwest of Boston, with a population
of 30,355. According to the town's 2002 Comprehensive
Plan, Lexington has largely exhausted its vacant unpro-
tected land supply and is a highly built -out suburb with less
than 1,000 acres of land available for new development."
Approximately 18 percent of the households in Lexington
are eligible for affordable housing of some sort, and with a
median home sales price of over $600,000, many residents
are being priced out of the housing market. 12 This limited
growth potential and strong demand for affordable housing
has led to the adoption of accessory apartment programs.
The town implemented its first accessory unit bylaw in
1983, resulting in the construction of 60 units. In February
of 2005, Lexington amended its bylaws to improve the
clarity and flexibility of its ADU program. The town
affirmed that the purpose of promoting ADUs is to
increase the range of housing choices, encourage popula-
tion diversity, and promote efficient use of the housing
supply while maintaining the town's character.
The amended bylaws reduce or eliminate minimum lot
size requirements, allow ADUs `by- right' in homes built as
recently as five years ago, and allow second units by special
permit in new construction, or as apartments in accessory
structures. The Lexington Zoning Code allows two ADUs
per lot, provided the primary dwelling is connected to
public water and sewer systems. Provisions allow absen-
tee ownership for two years under special circumstances.
In addition, a minimum of one off - street parking space
° U.S. Census 2000, www.census.gov.
" Town of Lexington, Comprehensive Plan, 2002, http: / /ci.lexington.ma.us /Planning /CompPlan.htm.
' Town of Lexington, Lexington Housing Strategy, October 2007, http: / /ci.lexington.ma.us /Planning /Documents/
Housing %20Strategy %20(Oct %202007). pdf.
13 The Massachusetts Smart Growth /Smart Energy Tooll<it,Accessory Dwelling Units (ADU) Suburban Case Study, http: / /www.mass.gov /envir/
smart_growth_tooll<it /pages /CS- adu- lexington.html.
" See Appendix A.
15 Town of Lexington, http: / /ci.lexington.ma.us.
"City of Santa Cruz, http: / /www.ci.santa- cruz.ca.us.
" Fred Bernstein, Granny Flats for Cool Grannies, February 2005, http: / /www.fredbernstein.com /articles /display.asp ?id =91.
must be provided for every accessory unit. The by -right
accessory apartments must be located within the primary
dwelling and are allowed on lots that are at least 10,000
square feet. The maximum gross floor area of a by -right
accessory apartment is 1,000 square feet and the unit
cannot have more than two bedrooms.
Increased flexibility in the program has proven beneficial
to Lexington in the development of ADUs. According to
Aaron Henry, Senior Planner for Lexington, the town's
Housing Partnership Board is launching an education and
outreach campaign for their ADU program to raise public
interest.
Santa Cruz, California
Santa Cruz, California is a seaside city with a population of
54,600; it is one of the most expensive cities in the country
in which to live. In 2006, the median price for a single -
family home in Santa Cruz was $746,000, which only 6.9
percent of the city residents could easily afford. In spite
of the high cost of living, the city continues to be a desir-
able destination on account of its scenic location and prox-
imity to San Francisco and the Silicon Valley. The location
of a campus of the University of California — the area's
largest employer — also adds to the demand for housing
in Santa Cruz." Another contributing factor is the limited
amount of land allowed for development within the city's
greenbelt. In order to preserve the greenbelt while accom-
modating new growth, promoting public transportation,
and increasing the supply of affordable housing, the city
adopted a new ADU ordinance in 2003.
This ordinance sets forth regulations for the location,
permit process, deed restrictions, zoning incentives, and
design and development standards for ADUs. Accessory
dwelling units are permitted in designated residential zones
on lots that are at least 5,000 square feet in area. No more
than one ADU per lot is allowed and the property owner
must occupy the primary or accessory dwelling unit. ADUs
that do not meet the permitting requirements stipulated
in the ordinance must undergo a public hearing process.
Development fees are waived for ADUs made available for
low- and very -low- income households.
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In addition to the ordinance that regulates the develop-
ment of ADUs, Santa Cruz has established an ADU devel-
opment program with three major components: technical
assistance, a wage subsidy and apprentice program, and
an ADU loan program. As part of the technical assistance
program, the city published an ADU Plan Sets Book that
contains design concepts developed by local and regional
architects. Homeowners can select one of these designs
and receive permits in an expedited manner. In addition,
the city offers an ADU Manual, which provides homeown-
ers with information on making their ADU architecturally
compatible with their neighborhood, zoning regulations
relevant to ADUs, and the permitting process.
Santa Cruz's ADU Development Program has won numer-
ous awards and has been used as a model by other
communities. According to Carol Berg, who is the housing
and community development manager for the city, an aver-
age of 40 to 50 ADU permits have been approved every
year since the start of the program. She attributes the
program's success primarily to zoning changes that were
adopted to facilitate development of ADUs, such as the
elimination of covered parking requirements.
Portland, Oregon
With a population of approximately 530,000, Portland
is the most populous city in the state of Oregon, and is
noted for its strong land use control and growth manage-
ment policies. Although Portland has had an ADU program
in place for several years, ADU development was not
effectively promoted until 1998, when the city amended
its laws to relax the regulations governing ADUs. The
amendments eliminated the minimum square footage and
owner - occupancy requirements. ADUs are now allowed in
all residential zones with relaxed development standards.
Portland's regulations permit the construction of ADUs on
lots with a single - family home, as long as they are smaller,
supplementary to the primary residence, and no more
than 800 square feet. They can be created by conver-
sion of an existing structure or by construction of a new
building. An early assistance process is available to help
with project development for ADUs created through the
conversion of an existing structure. ADUs that meet all the
standards are permitted by right and do not require a land
use review. No additional parking is required for accessory
18 See Appendix B.
19 City of Santa Cruz, Accessory Dwelling Unit Development Program, http: / /www.ci.santa- cruz.ca.us.
2° Barbara Sack, city of Portland.
21 See Appendix C.
4
units. Portland's ADU program guide outlines ways to bring
existing nonconforming units into compliance.
The city considers ADUs to be more affordable than other
housing types because of the efficiency of the units in using
fewer resources and reducing housing costs. City planner
Mark Bello notes that allowing more ADUs did increase
the housing supply, and that city residents viewed ADUs
positively and were satisfied with the changes made. He
also added, "There were no significant negative issues that
arose from liberalizing Portland's code."
Barnstable, Massachusetts
With seven villages within its boundaries and a total
population of 47,821, the town of Barnstable is the
largest community in both land area and population on
Cape Cod. Approved in November 2000, Barnstable's
Accessory Affordable Apartment or Amnesty Program is a
component of its Affordable Housing Plan . The program
guides creation of affordable units within existing detached
structures or new affordable units within attached struc-
tures. Eligibility for the program is limited to single - family
properties that are owner - occupied and multifamily prop-
erties that are legally permitted.
Barnstable's amnesty program is seen as a way to bring
the high number of existing illegal ADUs into compliance
with current requirements. In order to bring a unit into
compliance, the property owner must agree to rent to
low- income tenants — those earning 80 percent or less
4.
of the area median income — with a minimum lease term
of one year. The amnesty program offers fee waivers for
inspection and monitoring of units and designates town
staff to assist homeowners through the program's admin-
istrative process. The town can access Community Devel-
opment Block Grant funds to reimburse homeowners for
eligible costs associated with the rehabilitation or upgrade
of an affordable ADU. Homeowners are also offered tax
relief to offset the negative effects of deed restrictions that
preserve the affordability of the units.
Through its Amnesty Program, the town of Barnstable
has successfully brought many of its illegal accessory units
into compliance, with the added benefit of increasing the
supply of affordable housing. Since the start of the pro-
gram, Barnstable has approved 160 affordable ADUs. Beth
Dillen, Special Projects Coordinator for the town's Growth
Management Department, noted that "the ADU program
has been very well received and there has been no neigh-
borhood opposition." The program has been successful in
converting existing illegal accessory apartments into code -
compliant ADUs. According to Building Commissioner
Tom Perry, "The benefit to this program is twofold. It is
increasing the affordable housing supply and it also makes
units, that before were unsafe and illegal, safe and legal."
Wellfleet, Massachusetts —
Home of Oysters ... and ADUs
Wellfleet is located in Barnstable County, Massachusetts.
Located on Cape Cod, Wellfleet is a tourist town with a
22 U.S. Census 2000, www.census.gov.
23 See Appendix D.
24 Town of Barnstable, Accessory Affordable Apartment Program, http: / /www. town. barn stable.ma.us /GrowthManagement/
CommunityDevelopment/ AssessoryHousing /AAAP- BROCHURE_rev04l 206.pdf.
5
year -round population of 3,500, which increases to 17,000
in the summer months. Sixty -one percent of the land area
in Wellfleet is part of the Cape Cod National Seashore and
about 70 percent of the entire land area is protected from
development. Wellfleet also has a growing concentration
of elderly residents 65 years and older. A housing needs
assessment study conducted by the town in 2006 recom-
mended the adoption of an affordable ADU program to
meet elderly housing needs and to increase the supply of
affordable multifamily rental units.
1
The affordable ADU bylaw for Wellfleet allows up to three
ADUs per lot in any district, but requires approval of a
special permit from the Zoning Board of Appeals. Second-
ary units may be within, attached to, or detached from a
primary structure, and may not be larger than 1,200 square
feet. Homeowners with pre- existing attached and noncon-
forming accessory apartments may only make changes that
increase the conformity of the structures.'
Unless the provisions are specifically waived, the con-
struction of new ADUs must conform to all zoning bylaw
provisions and the owner of the property must occupy
either the ADU or the primary dwelling. Detached units
must comply with all setback requirements. Owners are
required to rent to low- or moderate - income households.
Maximum rents follow the Fair Market Rental Guidelines
published by HUD and the property owners must submit
annual information on rents to be charged.
To encourage participation in the ADU program, Wellfleet
has instituted a new affordable accessory dwelling unit loan
program . The program offers interest -free loans for
homeowners to develop affordable accessory units. The
funds can also be used by homeowners to bring their ADU
up to code. Wellfleet offers tax exemptions to home-
owners on the portion of the property that is rented as an
affordable unit. According to Nancy Vail, Assessor for the
Town of Wellfleet, the combined tax savings for all ADU
property owners totaled $7,971.17 for fiscal year 2008.
Sixteen units have been approved since the start of the
program in November 2006.
Fauquier County, Virginia
Fauquier County is a largely rural county located about
50 miles outside of Washington, D. C. Beginning in 1967,
Fauquier County adopted strict zoning regulations to
limit growth to nine defined areas as a means of preserv-
ing farmland and open space; in effect, establishing growth
boundaries . However, the county population is rapidly
increasing. The 2006 U.S. Census population estimate for
Fauquier County was 66,170, a 20 percent increase from
2000. A needs assessment study by the Fauquier County
Affordable Housing Task Force found that between 2000
and 2006, the median housing price in Fauquier County
increased 127 percent, while the median household income
increased 21 percent. To accommodate its growing popula-
tion, especially the need for workforce housing, the county
encourages infill development within the nine defined
areas, and is active in reducing barriers to affordable
housing.
2s Town of Wellfleet, http: / /www.wellfleetma.org
26 Town of Wellfleet, Housing Needs Assessment, 2006, http: / /www.wellfleetma.org /Public_ Documents /WellfleetMA_LocalCompPlan/
Appendix&pdf.
21 See Appendix E.
28 Town of Wellfleet, Affordable Accessory Dwelling Unit Program, http: / /www.wellfleetma.org/ Public _Documents /WellfleetMA_WebDocs/
AADU.pdf.
29 Keith Schneider, New Approaches to Shaping Community Futures, March 1997, Michigan Land Use Institute, http: / /www.mlui.org/
growthmanagement/ful Iarticle.asp ?fileid =3862.
6
Fauquier County recognizes three different types of
accessory units: family dwellings, efficiency apartments, and
tenant houses. Family dwelling units are detached acces-
sory units constructed for use by the homeowner's family
member(s); they must be occupied by no more than five
people, at least one of them related to the owner. Family
dwelling units may be as large as 1,400 square feet in size
and are permitted in both rural and many residentially
zoned areas. Efficiency apartments are alternatives to fam-
ily dwelling units and are attached to either the primary
residence or to an accessory structure, such as a garage.
The size is limited to 600 square feet or 25 percent of the
gross floor area of the main dwelling, whichever is greater.
Efficiencies may not be occupied by more than two unre-
lated people and are allowed in rural and residential -zoned
areas. Tenant houses are detached dwellings built on the
property for the purpose of supporting agricultural land
uses. At least one person occupying the tenant house must
work on the property. Tenant houses have no size limits.
They are allowed only on rurally zoned areas or properties
of at least 50 acres, with one tenant house for every 50
acres of a property.
Development of ADUs in Fauquier County depends on
the zoning, the size of the property, and availability of
septic /sewer and water services. Each of the unit types is
approved by the Fauquier Office of Zoning Permitting and
Inspections, with a building permit, provided that the units
meet zoning requirements. According to the county's zon-
ing office, 155 accessory dwelling units and 37 efficiency
apartments were permitted from 1997 to 2007.
Conclusion
At the height of the suburbanization of the United States
in the 1950s and 1960s, high- density development became
undesirable. Instead, communities favored low- density
development defined by large -lot single - family homes.
Accessory apartments that were once a common feature
in many homes were excluded from zoning ordinances.
However, growing demand for affordable housing (coupled
with the limited amount of land available for development
in many communities) has led to changing attitudes about
the use and development of accessory apartments. An
"See Appendix F.
increasing number of communities across the nation are
adopting flexible zoning codes within low- density areas in
order to increase their affordable housing supply.
Communities find that allowing accessory dwelling units is
advantageous in many ways. In addition to providing practi-
cal housing options for the elderly, disabled, empty nesters,
and young workers, ADUs can provide additional rental
income for homeowners. ADUs are smaller in size, do not
require the extra expense of purchasing land, can be devel-
oped by converting existing structures, and do not require
additional infrastructure. They are an inexpensive way for
municipalities to increase their housing supply, while also
increasing their property tax base. By providing affordable
housing options for low- and moderate - income residents,
communities can retain population groups that might
otherwise be priced out of the housing market.
The examples provided in the previous section involve
communities that have to rely on existing housing stock
to meet rising demand, either due to lack of developable
land or strict growth management regulations. Portland
and Fauquier County have adopted ADU ordinances to
increase housing supply within their growth boundaries.
Communities that are built out or have limited available
land benefit from allowing the development of accessory
units, as in Lexington and Wellfleet. Barnstable's amnesty
program shows how to successfully bring a large number
of existing illegal accessory units into compliance. In addi-
tion to allowing ADUs in all residential zones, Santa Cruz
has attracted interest in ADU development by publishing
an ADU Manual and Plan Sets Book with seven prototype
designs for accessory units.
A community can tailor ADU ordinances to suit its
demographic, geographic, and socioeconomic characteris-
tics. The communities discussed in this case study
provide loan programs, tax incentives, streamlined permit-
ting, and reduced development fees as part of their ADU
programs. In order for an ADU program to succeed, it has
to be flexible, uncomplicated, include fiscal incentives, and
be supported by a public education campaign that
increases awareness and generates community support.
7
Appendix A — Town of Lexington, Massachusetts, Article V, 135 -19, Accessory
Apartments
§ 135 -19. Accessory apartments. [Amended 5 -2 -1988 ATM by Art. 41;4-10-1989 ATM by Art. 41;4-4-1990
ATM by Art. 36; 4 -4 -2005 ATM by Art. 10]
An accessory apartment is a second dwelling subordinate in size to the principal dwelling unit on an owner - occupied lot,
located in either the principal dwelling or an existing accessory structure. The apartment is constructed so as to maintain
the appearance and essential character of a one - family dwelling and any existing accessory structures. Three categories
of accessory apartments are permitted: by -right accessory apartments, which are permitted as of right, and special permit
accessory apartments and accessory structure apartments, which may be allowed by a special permit.
A. General objectives. The provision of accessory dwelling units in owner - occupied dwellings is intended to:
(I) Increase the number of small dwelling units available for rent in the Town;
(2) Increase the range of choice of housing accommodations;
(3) Encourage greater diversity of population with particular attention to young adults and senior citizens;
and
(4) Encourage a more economic and energy - efficient use of the Town's housing supply while maintaining
the appearance and character of the Town's single - family neighborhoods.
B. Conditions and requirements applicable to all accessory apartments.
(1) General.
(a) There shall be no more than two dwelling units in a structure, and no more than two dwelling
units on a lot.
(b) There shall be no boarders or lodgers within either dwelling unit.
(c) No structure that is not connected to the public water and sanitary sewer systems shall have
an accessory apartment.
(d) The owner of the property on which the accessory apartment is to be created shall occupy one or the
other of the dwelling units, except for temporary absences as provided in Subsection B (1) (e). For the
purposes of this section, the "owner" shall be one or more individuals who constitute a family, who
hold title directly or indirectly to the dwelling, and for whom the dwelling is the primary residence...
(2) Exterior appearance of a dwelling with an accessory apartment. The accessory apartment shall be designed so
that the appearance of the structure maintains that of a one - family dwelling....
(3) Off - street parking. There shall be provided at least two off - street parking spaces for the principal dwelling unit
and at least one off - street parking space for the accessory apartment....
C. By -right accessory apartments shall be permitted so long as the requirements set forth in
the § 135 -19B are satisfied and the following criteria in this section are met:
A -1
( I ) The lot area shall be at least 10,000 square feet.
(2) The apartment shall be located in the principal structure.
(3) The maximum gross floor area of the by -right accessory apartment shall not exceed 1,000 square feet.
(4) There shall not be more than two bedrooms in a by -right accessory apartment.
(5) There shall be no enlargements or extensions of the dwelling in connection with any by -right accessory
apartment except for minimal additions necessary to comply with building, safety or health codes, or for
enclosure of an entryway, or for enclosure of a stairway to a second or third story.
(6) The entire structure containing the by -right accessory apartment must have been in legal existence for a
minimum of five years at the time of application for a by -right accessory apartment.
D. Special permit accessory apartments. If a property owner cannot satisfy the criteria for by -right accessory
apartments that are set forth in § 135 -19C above, the property owner may apply for a special permit from the
Board of Appeals....
Accessory structure apartments. Notwithstanding any provisions of this Zoning By -Law that state an accessory
apartment shall be located in a structure constructed as a detached one - family dwelling and the prohibition in §
135 -35D against having more than one dwelling on a lot, the Board of Appeals may grant a special permit as provided
in § 135 -16, Table 1, line 1.22C, to allow the construction of an accessory apartment in an existing accessory
structure which is on the same lot in the RS, RT KO, RM or CN District as an existing one - family dwelling provided:
( I ) Lot area is at least 18,000 square feet if in the RS, RT, or CN District, at least 33,000 square feet if in the RO
District, and at least 125,000 square feet if in the RM District;
(2) The structure containing the accessory structure apartment was in legal existence for a minimum of five years
and had a minimum of 500 square feet of gross floor area as of five years prior to the time of application;
(3) The maximum gross floor area of the accessory structure apartment does not exceed 1,000 square feet. An
addition to an accessory structure may be permitted, but no addition shall be allowed which increases the gross
floor area of the structure to more than 1,000 square feet. The gross floor area for the accessory apartment
shall not include floor area used for any other permitted accessory use. The accessory apartment cannot
contain floor area that has been designed, intended or used for required off - street parking to serve the principal
dwelling;...
A -2
Appendix B — City of Santa Cruz, California, Title 24, Zoning Ordinance, Chapter
24.16, Part 2: ADU Zoning Regulations
24.16. 100 Purpose.
The ordinance codified in this part provides for accessory dwelling units in certain areas and on lots developed or
proposed to be developed with single - family dwellings. Such accessory dwellings are allowed because they can contribute
needed housing to the community's housing stock. Thus, it is found that accessory units are a residential use which is
consistent with the General Plan objectives and zoning regulations and which enhances housing opportunities that are
compatible with single - family development...
24.16.120 Locations Permitted.
Accessory dwelling units are permitted in the following zones on lots of 5000 square feet or more...
24.16.130 Permit Procedures.
The following accessory dwelling units shall be principally permitted uses within the zoning districts specified in Section
24.16.120 and subject to the development standards in Section 24.16.160.
1. Any accessory dwelling unit meeting the same development standards as permitted for the main building in the
zoning district, whether attached or detached from the main dwelling.
2. Any single story accessory dwelling unit.
Any accessory dwelling unit not meeting the requirements above shall be conditionally permitted uses within
the zoning districts specified in Section 24.16.120 and shall be permitted by administrative use permit at a
public hearing before the zoning administrator, subject to the findings per Section 24.16.150 and the
development standards in Section 24.16.160...
24.16.160 Design and Development Standards.
All accessory dwelling units must conform to the following standards:
Parking. One parking space shall be provided on -site for each studio and one bedroom accessory unit. Two
parking spaces shall be provided on site for each two bedroom accessory unit. Parking for the accessory unit is in
addition to the required parking for the primary residence. (See Section 24.16.180 for parking incentives.)
2. Unit Size. The floor area for accessory units shall not exceed five hundred square feet for lots between 5000 and
7500 square feet. If a lot exceeds 7500 square feet, an accessory unit may be up to 640 square feet and, for lots
in excess of 10,000 square feet, a unit may be up to 800 square feet. In no case may any combination of buildings
occupy more than thirty percent of the required rear yard for the district in which it is located, except for units
which face an alley, as noted below. Accessory units that utilize alternative green construction methods that cause
the exterior wall thickness to be greater than normal shall have the unit square footage size measured similar to
the interior square footage of a traditional frame house.
Existing Development on Lot. A single - family dwelling exists on the lot or will be constructed in conjunction with
the accessory unit.
4. Number of Accessory Units Per Parcel. Only one accessory dwelling unit shall be allowed for each parcel...
HIM
24.16.170 Deed Restrictions.
Before obtaining a building permit for an accessory dwelling unit the property owner shall file with the county recorder
a declaration of restrictions containing a reference to the deed under which the property was acquired by the present
owner and stating that:
1. The accessory unit shall not be sold separately.
2. The unit is restricted to the approved size.
3. The use permit for the accessory unit shall be in effect only so long as either the main residence, or the accessory
unit, is occupied by the owner of record as the principal residence...
26.16.180 Zoning Incentives.
The following incentives are to encourage construction of accessory dwelling units.
Affordability Requirements for Fee Waivers. Accessory units proposed to be rented at affordable rents as
established by the city, may have development fees waived per Part 4 of Chapter 24.16 of the Zoning Ordinance...
Covered Parking. The covered parking requirement for the primary residence shall not apply if an accessory
dwelling unit is provided...
24.16.300 Units Eligible for Fee Waivers.
Developments involving residential units affordable to low or very -low income households may apply for a waiver of the
following development fees:
1. Sewer and water connection fees for units affordable to low and very low income households.
2. Planning application and planning plan check fees for projects that are one hundred percent affordable to low
and very -low income households.
3. Building permit and plan check fees for units affordable to very -low income households.
4. Park land and open space dedication in -lieu fee for units affordable to very low income households.
5. Parking deficiency fee for units affordable to very -low income households.
6. Fire fees for those units affordable to very -low income households.
(Ord. 93 -51 § 6, 1993).
24.16.3 10 Procedure for Waiver of Fees.
A fee waiver supplemental application shall be submitted at the time an application for a project with affordable units is
submitted to the city.
(Ord. 93 -51 § 6, 1993)
Appendix C — City of Portland, Oregon, Title 33, Chapter 33.205: Accessory
Dwelling Units
333.205.010 Purpose
Accessory dwelling units are allowed in certain situations to:
• Create new housing units while respecting the look and scale of single - dwelling development;
• Increase the housing stock of existing neighborhoods in a manner that is less intense than alternatives;
• Allow more efficient use of existing housing stock and infrastructure;
• Provide a mix of housing that responds to changing family needs and smaller households;
• Provide a means for residents, particularly seniors, single parents, and families with grown children, to
remain in their homes and neighborhoods, and obtain extra income, security, companionship and services;
and
• Provide a broader range of accessible and more affordable housing.
33.205.020 Where These Regulations Apply
An accessory dwelling unit may be added to a house, attached house, or manufactured home in an R zone, except
for attached houses in the R20 through R5 zones that were built using the regulations of 33.1 10.240.E, Duplexes and
Attached Houses on Corners.
33.205.030 Design Standards...
C. Requirements for all accessory dwelling units. All accessory dwelling units must meet the following:
Creation. An accessory dwelling unit may only be created through the following methods:
a. Converting existing living area, attic, basement or garage;
b. Adding floor area;
Constructing a detached accessory dwelling unit on a site with an existing house, attached
house, or manufactured home; or
Constructing a new house, attached house, or manufactured home with an internal or
detached accessory dwelling unit.
2. Number of residents. The total number of individuals that reside in both units may not exceed the
number that is allowed for a household...
Parking. No additional parking is required for the accessory dwelling unit. Existing required parking for
the house, attached house, or manufactured home must be maintained or replaced on -site.
6. Maximum size. The size of the accessory dwelling unit may be no more than 33% of the living area of
the house, attached house, or manufactured home or 800 square feet, whichever is less...
D. Additional requirements for detached accessory dwelling units. Detached accessory dwelling units must
meet the following.
Setbacks. The accessory dwelling unit must be at least:
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a. 60 feet from the front lot line; or
b. 6 feet behind the house, attached house, or manufactured home.
2. Height. The maximum height allowed for a detached accessory dwelling unit is 18 feet.
Bulk limitation. The building coverage for the detached accessory dwelling unit may not be larger than
the building coverage of the house, attached house, or manufactured home. The combined building
coverage of all detached accessory structures may not exceed 15 percent of the total area of the site...
33.205.040 Density
In the single - dwelling zones, accessory dwelling units are not included in the minimum or maximum density calculations
for a site. In all other zones, accessory dwelling units are included in the minimum density calculations, but are not
included in the maximum density calculations.
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Appendix D — Town of Barnstable, Massachusetts, Chapter 9, Article I I -
Accessory Apartments and Apartment Units
§ 9-12. Intent and purpose.
A. The intent of this article is to provide an opportunity to bring into compliance many of the currently unpermitted
accessory apartments and apartment units in the Town of Barnstable, as well as to allow the construction of new
dwelling units accessory to existing single - family homes to create additional affordable housing.
B. This article recognizes that although unpermitted and unlawfully occupied, these dwelling units are filling a
market demand for housing at rental costs typically below that of units which are and have been lawfully
constructed and occupied.
C. It is in the public interest and in concert with its obligations under state law, for the Town of Barnstable to offer a
means by which so- called unpermitted and illegal dwelling units can achieve lawful status, but only in the manner
described below.
D. It is the position of the Town of Barnstable that the most appropriate mechanism for allowing for the conversion
of unlawful dwelling units to lawful units is found in MGL c. 40B, §§ 20 to 23, the so- called "Comprehensive Permit"
program. This provision of state law encourages the development of low- and moderate - income rental and
owner - occupied housing and provides a means for the Board of Appeals to remove local barriers to the creation of
affordable housing units. These barriers include any local regulation such as zoning and general ordinances that
may be an impediment to affordable housing development.
The Local Comprehensive Plan states that the Town should commit appropriate resources to support affordable
housing initiatives. Under this article, the Town commits the following resources to support this affordable
housing initiative:
(I ) Waiver of fees for the inspection and monitoring of the properties identified under this article;
(2) Designation of Town staff to assist the property owner in navigating through the process established under
this article;
(3) To the extent allowable by law, the negative effect entailed by the deed restriction involved will be reflected in
the property tax assessment; and
(4) To assist property owners in locating available municipal, state and federal funds for rehabilitating and
upgrading the properties identified under this article.
F. The Local Comprehensive Plan supports, in conjunction with a variety of other strategies, the conversion of
existing structures for use as affordable housing...
§ 9- 14.Amnesty program.
Recognizing that the success of this article depends, in part, on the admission by real property owners that their
property may be in violation of the Zoning Ordinances of the Town, Editor's Note: See Ch. 240, Zoning. the Town hereby
establishes the following amnesty program:
A. The threshold criteria for units being considered as units potentially eligible for the amnesty program are:
( I ) Real property containing a dwelling unit or dwelling units for which there does not exist a validly issued
variance, special permit or building permit, does not qualify as a lawful, nonconforming use or structure, for
any or all the units, and that was in existence on a lot of record within the Town as of January 1, 2000; or
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(2) Real property containing a dwelling unit or dwelling units which were in existence as of January 1, 2000, and
which have been cited by the Building Department as being in violation of the Zoning Ordinance; and...
B. The procedure for qualifying units that meet the threshold criteria for the amnesty program is as follows:
( I ) The unit or units must either be a single unit accessory to an owner occupied single - family dwelling or one
or more units in a multifamily dwelling where there exists a legal multifamily use but one or more units
are currently unpermitted;
(2) The unit(s) must receive a site approval letter under the Town's local Chapter 40B program;
(3) The property owner must agree that if s /he receives a comprehensive permit, the unit or units for which
amnesty is sought will be rented to a person or family whose income is 80% or less of the area median income
(AMI) of Barnstable- Yarmouth Metropolitan Statistical Area (MSA) and shall further agree that rent (including
utilities) shall not exceed the rents established by the Department of Housing and Urban Development (HUD)
for a household whose income is 80% or less of the median income of Barnstable- Yarmouth Metropolitan
Statistical Area. In the event that utilities are separately metered, the utility allowance established by
the Barnstable Housing Authority shall be deducted from HUD's rent level.
(4) The property owner must agree, that if s /he receives a comprehensive permit, that s /he will execute a deed
restriction for the unit or units for which amnesty is sought, prepared by the Town of Barnstable, which runs
with the property so as to be binding on and enforceable against any person claiming an interest in the
property and which restricts the use of one or more units as rental units to a person or family whose income
is 80% or less of the median income of Barnstable- Yarmouth Metropolitan Statistical Area (MSA)...
§ 9 -15. New units accessory to single - family owner - occupied dwellings.
For a proposed new unit to be eligible for consideration under the local chapter 40B program, it must be a single
unit, accessory to an owner - occupied single - family dwelling, to be located within or attached to an existing residential
structure or within an existing building located on the same lot as said residential structure and comply with the
following:
A. The unit(s) must receive a site approval letter under the Town's local Chapter 40B program;
B. The property owner must agree that if s /he receives a comprehensive permit, the accessory dwelling unit will be
rented to a person or family whose income is 80% or less of the area median income (AMI) of Barnstable -
Yarmouth Metropolitan Statistical Area (MSA) and shall further agrees that rent (including utilities) shall not
exceed the rents established by the Department of Housing and Urban Development (HUD) for a household
whose income is 80% or less of the median income of Barnstable- Yarmouth Metropolitan Statistical Area.
In the event that utilities are separately metered, the utility allowance established by the Barnstable
Housing Authority shall be deducted from HUD's rent level.
C. The property owner must agree, that if s /he receives a comprehensive permit, that s /he will execute a deed
restriction for the unit, prepared by the Town of Barnstable, which runs with the property so as to be binding on
and enforceable against any person claiming an interest in the property and which restricts the use of the one
unit as a rental unit to a person or family whose income is 80% or less of the median income of Barnstable -
Yarmouth Metropolitan Statistical Area (MSA)...
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Appendix E — Town of Wellfleet, Massachusetts, 6.21 Affordable Accessory
Dwelling Units
Purpose: For the purpose of promoting the development of affordable rental housing in Wellfleet for year -round
residents, a maximum of three affordable accessory dwelling units per lot may be allowed subject to the requirements,
standards and conditions listed below:
6.21.1 Up to three affordable accessory dwelling units per lot may be allowed in any district by Special Permit from the
Zoning Board of Appeals.
6.21.2 Affordable accessory dwelling units created under this by -law shall be occupied exclusively by income - eligible
households, as defined by the guidelines in numbers 6.21.4 and 6.21.5 below. The affordability requirements of this by -law
shall be imposed through conditions attached to the Special Permit issued by the Zoning Board of Appeals. No accessory
apartment shall be constructed or occupied until proof of recording is provided to the Inspector of Buildings.
6.21.3 Requirements and Standards
A. Affordable accessory dwelling units may be located within or attached to a principal dwelling,
principal structure, a garage or constructed as a detached unit.
B. Affordable accessory dwelling units shall not be larger than one thousand two hundred (1,200) square
feet of Livable Floor Area as that term is defined in Section II of this Zoning By -law.
C. Affordable accessory dwelling units within or attached to a principal dwelling, principal structure or
garage that is pre- existing nonconforming shall not increase the nonconforming nature of that
structure, except that any pre- existing accessory building may be eligible for conversion to an
affordable accessory dwelling unit.
D. Newly constructed detached accessory units shall comply with all applicable provisions of the Zoning
By -law unless they are specifically waived by this by -law. Newly constructed detached accessory units
shall comply with all setback requirements listed in Sections 5.4.2 of this Zoning By -law.
E. Owners of residential property may occupy as a primary residence either the principal or accessory
dwelling. For the purposes of this section, the "owner" shall mean one who holds legal or beneficial
title.
Septic systems are required to meet current Title 5 standards and shall be reviewed and approved by
the Health Agent.
G. The Inspector of Buildings and Health Agent shall inspect the premises for compliance with public
safety and public health codes.
H. No affordable accessory dwelling unit shall be separated by ownership from the principal dwelling
unit or principal structure. Any lot containing an affordable accessory dwelling unit shall be subject to
a recorded restriction that shall restrict the lot owner's ability to convey interest in the affordable
accessory dwelling unit, except leasehold estates, for the term of the restriction.
6.21.4 All occupants of the affordable accessory dwelling unit shall upon initial application and annually thereafter on
the first of September, submit to the Town or its agent necessary documentation to confirm their eligibility for the
dwelling unit. Specifically, all dwelling units must be rented to those meeting the guidelines for a low or moderate - income
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family. For the purpose of this section, low income families shall have an income less than eighty (80) percent of the
Town of Wellfleet median family income, and moderate income families shall have an income between eighty (80) and
one hundred twenty (120) percent of the Town of Wellfleet median family income, as determined by the United States
Department of Housing and Urban Development (HUD) Published Income Guidelines, and as may from time to time be
amended.
6.21.5 Maximum rents shall be established in accordance with HUD published Fair Market Rental Guidelines. Property
owners are required to submit to the Town or its agent information on the rents to be charged. Each year thereafter
on the first of September, they shall submit information on annual rents charged to the Town or its agent. Forms for this
purpose shall be provided. Rents may be adjusted annually in accordance with amendments to the Fair Market Rental
Guidelines.
6.21.6 Procedure
A. The property owner shall complete and submit an application for a Special Permit to the Zoning Board
of Appeals in accordance with the Wellfleet Zoning Board of Appeals Rules and Procedures.
B. The Zoning Board of Appeals shall hold a public hearing in accordance with the procedures and
requirements set forth in Section 9 of Massachusetts General Law, Chapter 40A and the Wellfleet
Zoning By -law, Section 8.4.2 .
C. Appeal under this section shall be taken in accordance with Section 17 of Massachusetts General Law,
Chapter 40A.
D. The property owner shall complete and submit to the Inspector of Buildings an application for a
Building Permit to allow a change in use.
E. The property owner shall obtain a Certificate of Occupancy from the Inspector of Buildings prior to the
affordable accessory dwelling unit being occupied.
Penalty — Failure to comply with any provision of this section may result in fines established in Section 8.3 of the
Wellfleet Zoning By -laws.
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Appendix F — Fauquier County, Virginia Zoning Ordinance
ARTICLE 5 — ADMINISTRATIVE PERMITS, SPECIAL PERMITS AND SPECIAL EXCEPTIONS
5 -104 Standards for an administrative permit for an Efficiency Apartment
1. Such a unit shall not be occupied by more than two persons.
2. Not more than one such unit shall be located on a lot.
Such a unit shall contain no more than 600 square feet of gross floor area or 25% of the total gross floor of
the dwelling, whichever is greater.
4. Such a unit shall be located only on the same lot as the residence of the owner of the lot.
Architectural features of such a unit shall conform with the single family character of the neighborhood
(e.g., no additional front doors).
5 -105 Standards for an administrative permit for a Family Dwelling Unit
I . Such a unit shall not be occupied by more than five (5) persons, at least one of whom must be the natural
or adopted parent, grandparent, child, grandchild, brother or sister of the owner and occupant of the
single family residence on the same lot. Or, the lot owner may live in the family dwelling unit and allow
such family members to reside in the main house. In either case, the lot owner must reside on the
property.
2. Such a unit may be 1,400 square feet of gross floor area.
No dwelling units other than the principal structure (a single family dwelling) and one such family
dwelling unit shall be located on one lot...
ARTICLE 6 - ACCESSORY USES, ACCESSORY SERVICE USES AND HOME OCCUPATIONS
6 -102 Permitted Accessory Uses
Accessory uses and structures shall include, but are not limited to, the following uses and structures, provided that such
uses or structure shall be in accordance with the definition of Accessory Use contained in Article 15...
9. Guest house or rooms for guests in an accessory structure, but only on lots of at least two (2) acres and
provided such house is without kitchen facilities, is used for the occasional housing of guests of the
occupants of the principal structure and not as rental units or for permanent occupancy as housekeeping
units...
14. Quarters of a caretaker, watchman or tenant farmer, and his family, but only in the Rural Districts at a
density not to exceed one (I ) unit per fifty (50) acres...
31. The letting for hire of not more than two rooms to not more than two persons for periods no shorter than
one month...
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ORDINANCE NO. 2010 -08
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA RELATED TO
ACCESSORY DWELLING UNITS ( "ADU'S "); AMENDING
CHAPTER 6 OF THE CITY CODE TO PROVIDE FOR
BUILDING CONSTRUCTION STANDARDS FOR ADU'S;
AMENDING CHAPTER 20 OF THE CITY CODE TO
AUTHORIZE ADU'S AS A CONDITIONAL USE IN THE R-
1AAA, R -C1, R -1AA, R -1A AND PUD ZONING DISTRICTS;
AMENDING DEFINITIONS; MAKING CONFORMING
AMENDMENTS TO CHAPTERS 9 AND 19; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT ORDINANCES
AND RESOLUTIONS, INCORPORATION INTO THE CODE,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the Comprehensive Plan in Future Land Use Element Policy 1.1.6; and
Housing Element Policies 1.3.9, 1.3.13, 1.4.6, and 2.4.7, provides that Accessory Dwelling Units
may be allowed as a conditional use in single family dwelling zoning districts; and
WHEREAS, Accessory Dwelling Units can be a way to value our seniors by providing
additional opportunity for them to "age in place" and to maintain their dignity, security and
independence within the City of Winter Springs; and
WHEREAS, the City's population of elderly residents is projected to increase; and
WHEREAS, the Florida Legislature has found that it serves an important public purpose to
encourage the permitting of accessory dwelling units in single - family residential areas. See
§163.31771, Fla. Stat. (2010); and
WHEREAS, the need for affordable housing can affect people of all ages including the
elderly; and
WHEREAS, the U.S. Department of Housing and Urban Development has found that
accessory dwelling units are an affordable housing option for many low and moderate - income
residents. See HUD, Accessory Dwelling Units: Case Study, June 2008; and
WHEREAS, Accessory Dwelling Units can provide for affordable housing options which
meet the locally recognized values of community appearance and design, and be absorbed and
integrated into the fabric of existing neighborhoods; and
WHEREAS, Accessory Dwelling Units can be a way for homeowners to supplement their
income during a time of economic hardship, reducing the likelihood of foreclosure; and
City of Winter Springs
Ordinance No. 2010 -08
Page 1 of 13
WHEREAS, section 9 -607 of the City Code, describes the requirements for residential
compatibility and harmony regulations; and
WHEREAS, the City prohibits additions, modifications and expansions of structures and
buildings that are incompatible and not in harmony with the subject property and the surrounding
neighborhood; and
WHEREAS, the City requires that the aesthetic and architectural details of a residential
project are compatible with the surrounding area and serve to enhance the character of that area; and
WHEREAS, the City has previously established that compatibility and harmony shall be
determined based on a review of the setting, landscaping, proportions, materials, colors, texture,
scale, unity, balance, rhythm, contrast and simplicity of the proposed addition, modification or
expansion; and
WHEREAS, the City Commission hereby expressly finds that this Ordinance is consistent
and in furtherance with the City's long standing policy pursuant to Housing Element Policy 1.3.13
of the City's Comprehensive Plan to discourage the concentration of affordable housing units by
encouraging the integration of compatible affordable housing units within older and newly permitted
neighborhoods; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby fords this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter
Springs.
NOW, THEREFORE, THE CITY 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. Chapter 6 Code Amendment. The City of Winter Springs Code, Chapter
6, Buildings and Building Regulations, is hereby amended as follows: (underlined type indicates
additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this
Ordinance of text existing in Chapter 6. It is intended that the text in Chapter 6 denoted by the
asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to
adoption of this Ordinance).
CHAPTER 6. BUILDINGS AND BUILDING REGULATIONS
* **
ARTICLE III. BUILDING CONSTRUCTION STANDARDS
* **
Sec. 6 -84. Accessory buildings.
(a) General. Accessory building means a detached, subordinate structure, the use of
which is clearly incidental to, customarily associated with, and related to the principal
City of Winter Springs
Ordinance No. 2010 -08
Page 2 of 13
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, private, detached
garages, bathhouses (used in conjunction with swimming pool) and similar uses. No more
than two (2) accessory buildings shall be allowed on any single lot. Access:Tr buildings-shall
.• • • . • .w • • ■.1 , • ■ . • • . ■ I •, • • . - .1 - . • . • .A
• • ■.. • • • . • • •
• • • ■ • •1 • • • ■ •
•
' • • • • • •
• • Ill • • • Accessory dwelling units
(ADUs) shall be subject to section 6 -85 of this Code and are not subject to the provisions of
this section.
(b) Height and size restrictions. The maximum height of an accessory building shall be
twelve (12) feet measured from ground level. The maximum size of any structure shall be
two hundred forty (240) square feet. Notwithstanding the restrictions set forth in this
subsection, detached, private garages may exceed twelve (12) feet in height without city
commission approval provided the city manager or designee thereof determines that each
criteria in subsection (0(3) herein is satisfied. Further, detached, private garages may exceed
two hundred forty (240) square feet, but in no case shall exceed one -third (1/3) of the air -
conditioned square footage area of the principle principal structure.
* **
(e) Setback requirements. When an accessory building is attached to a principal structure
by a breezeway, passage or otherwise, it shall become a part of the principal structure and
shall be subject to the required setbacks of the principal structure.
* **
(5) Detached, private garages which exceed twelve (12) feet in height or two
hundred forty (240) square feet in area must meet the setbacks of the applicable
zoning district for the principle principal structure.
* **
Sec. 6 -85. Accessory dwelling units.
Accessory dwelling units (ADUs) must conform to the following standards:
fat Zoning District. A property owner may request a conditional use approval to allow
one (1) accessory dwelling unit in any of the following zoning districts:
R -1AAA Single - Family Dwelling District
R -CI Single - Family Dwelling District
R -1 AA & R-1A One - Family Dwelling District
R -1 One - Family Dwelling District
Planned Unit Development District
th) Existing Development on Lot. A single - family dwelling shall exist on the lot or will
be constructed in conjunction with the ADU.
Lel Location. The ADU may be attached to or detached from the principal dwelling.
City of Winter Springs
Ordinance No. 2010 - 08
Page 3 of 13
Isk Owner Occupancy Required; Declaration ofRestrictions. The property owner shall
occupy either the principal structure or the ADU. Prior to the issuance of a building permit
for construction of an ADU, an applicant shall record in the public records of Seminole
County a declaration of restrictions containing a reference to the legal description of the
p roperty and the deed un der which the p ro p erty was conveyed to the present owner statin
that:
1l The ADU shall not be sold or conveyed separate from the principal residence
al The ADU is restricted to the approved size;
1) The use permit for the ADU shall be in effect only so long as either the
principal residence or the ADU is occupied by the owner of record as their principal
residence:
(41 The declarations shall run with the land, shall be binding upon any successor
in ownership of the property and that noncompliance shall be cause for code
enforcement and/or revocation of the conditional use permit;
15) The deed restrictions shall only be removed with the express, written approval
of the city, but shall lapse upon removal of the accessory unit and
16) The ADU shall not be used for commercial purposes other than being leased
for residential purposes.
16 Number ofADUs Per Lot or Parcel. Only one (1) ADU shall be allowed for each lot
or parcel.
(f Setbacks. The ADU shall meet the front, side and rear yard regulations for the zoning
district in which it is located.
1g) Building Height and Stories. The ADU shall meet the building height regulations for
the zoning district in which it is located.
a) Lot Coverage. The sum of the principal dwelling and the ADU shall meet the lot
coverage regulations for the zoning district in which they are located.
1) Parking and Access. A minimum of one (1) parking space shall be provided on -site
for the ADU in addition to the required off -street parking spaces required for the principal
residence. The ADU shall be served by the same driveway as the principal dwelling.
111
Water and Wastewater Services. An ADU is required to connect to the central water
and sewer system where available. An ADU may be separately metered for utilities subject
to all applicable ordinances and utility policies. Where central water and sewer service is not
available, the septic system and well shall meet the capacity requirements.
k3 Other Code Requirements. The ADU shall comply with all applicable building
codes.
L1) Lot Size Minimum; principal residence minimum. A minimum lot size of 6,600
City of Winter Springs
Ordinance No. 2010 -08
Page 4 of 13
square feet is required and the principal residence shall be a minimum of 1,350 square feet
of air conditioned area.
1 Unit Size. The living area of the ADU shall be a maximum of thirty percent (30 %)
of the air conditioned area of the principal residence or 800 square feet. whichever is less.
However. the ADU shall contain no less than 400 square feet of air conditioned area. ADUs
that utilize alternative green construction methods that cause the exterior wall thickness to
be greater than normal shall have the unit square footage size measured similar to the interior
square footage of a traditional frame house.
Design. The ADU shall replicate the design of the principal dwelling by use of
similar exterior wall materials, window types, door and window trims, roofing materials and
roof pitch. The design is subject to the Minimum Community Appearance and Aesthetic
Review Standards to ensure residential compatibility and harmony (see Sec. 9 -600 et. seq.).
Privacy. Privacy and screening of adjacent properties is of utmost importance in the
orientation of the ADU. Entrance and windows of the ADU shall face the interior of the lot
and/or public street as much as possible. Windows which do face the adjoining property
shall be designed to protect the privacy of neighbors. Landscaping shall be used to further
provide for the privacy and screening of adjacent properties.
Expiration. As with all conditional use approvals, if a building permit has not been
issued within two (2) years for the ADU, the approval becomes null and void (see Sec. 20-
36).
Approval Process. The conditional use /aesthetic review approval of an ADU is
subject to a Public Hearing. A notice will be sent to all property owners within 150 feet of
the subject property. An ADU will not be approved if prohibited by the declarations,
covenants, conditions and restrictions of a homeowners' association. The City Commission
may impose reasonable conditions of approval to the extent deemed necessary and relevant
to ensure compliance with applicable criteria and other applicable provisions of the city code
and comprehensive plan (see Sec. 20 -27 and Sec. 20 -33).
Sec. 6 -86. Ssc6 -85. Screen enclosures.
* **
Sec. 6 -87. Sc... 6 -86. Minimum setback requirements within PUD zoning districts.
* **
Sec. 6 -88. S. 6 -87. Temporary storage structures.
* **
Secs. 6- 89.6 -88 — 6 -100. Reserved.
Section 3. Chapter 9 Code Amendment. The City of Winter Springs Code, Chapter
9, Land Development, is hereby amended as follows: (underlined type indicates additions and
City of Winter Springs
Ordinance No. 2010 -08
Page 5 of 13
strikeout type indicates deletions, while asterisks ( * * *) indicate a deletion from this Ordinance of
text existing in Chapter 9. It is intended that the text in Chapter 9 denoted by the asterisks and set
forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this
Ordinance).
* **
CHAPTER 9. LAND DEVELOPMENT
* **
ARTICLE VIII. IMPACT FEES
* **
DIVISION 3. POLICE, FIRE, PUBLIC BUILDINGS AND PARKS AND RECREATION
* **
Sec. 9- 391.2. Definitions.
Unless otherwise specified herein, the definitions, classifications and uses shall be as set forth
in the City of Winter Springs Land Development Code.
* **
(g) Residential: Includes single - family dwellings, multifamily dwelling units, and mobile • homes, •I • • •'/ .1 • , . . •. • . ■1 .
Sec. 9- 391.3. Applicability and exemptions.
(a) This division shall apply to all new construction within the city limits except the
following:
(1) Expansion of a residential dwelling unit not-creating-another or the creation
of an accessory dwelling unit on the same parcel as the primary dwelling; and
* **
Section 4. Chapter 19 Code Amendment. The City of Winter Springs Code, Chapter
19, Utilities, is hereby amended as follows: (underlined type indicates additions and strikeout type
indicates deletions, while asterisks ( * * *) indicate a deletion from this Ordinance of text existing in
Chapter 19. It is intended that the text in Chapter 19 denoted by the asterisks and set forth in this
Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance).
CHAPTER 19. UTILITIES
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ARTICLE V. STORMWATER MANAGEMENT UTILITY
City of Winter Springs
Ordinance No. 2010 -08
Page 6 of 13
* **
Sec. 19 -162. Definitions.
For purposes of this article, the following definitions shall apply; words used in the singular
shall include the plural, and the plural, the singular; words used in the present tense shall include the
future tense. The word "shall" is mandatory and not discretionary. The word "may" is permissive.
Words not defined herein shall be construed to have the meaning given by common and ordinary use.
* **
Equivalent residential unit (ERU) shall mean the statistical average impervious area of
residential developed property per nrincipal dwelling unit within the city. The numerical value of
one (1) ERU shall be an impervious area that shall be adopted by the city commission in the rate
resolution.
* **
Sec. 19 -164. Schedule of rates.
(a) The stormwater management utility fee shall be adopted from time to time by
ordinance of the City Commission (the "rate ordinance "), and shall be calculated for each
developed property as follows:
(1) The fee for residential developed property is the rate for one (1) ERU
multiplied by the number of dwelling units existing on the property. Accessory
dwelling units that are separately metered for utilities shall be considered an
additional dwelling unit for purposes of calculating and billing the fee to the
accessory dwelling unit. That is, Fee = ERU x number of Dwelling Units.
* **
Section 5. Chapter 20 Code Amendment. The City of Winter Springs Code, Chapter
20, Zoning, is hereby amended as follows: (underlined type indicates additions and strikeout type
indicates deletions, while asterisks ( * * *) indicate a deletion from this Ordinance of text existing in
Chapter 20. It is intended that the text in Chapter 20 denoted by the asterisks and set forth in this
Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance).
Chapter 20. ZONING
ARTICLE I. IN GENERAL
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 meaning.
* **
City of Winter Springs
Ordinance No. 2010 -08
Page7 13
Accessory. The term applied to a building 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 or parcel with such principal building or use.
Accessory building. A building which is clearly incidental or subordinate to and customarily
utilized adjacent to and in connection with a principal building located on the same lot. Accessory
buildings may include a detached garage, shed, gazebo, storage building, cabana or bathhouse (used
in conjunction with a swimming pool), or similar use. When an accessory building is attached to
a principal structure by a breezeway, passage or otherwise, it shall become a part of the principal
structure and shall be subject to the required setbacks of the principal structure. (Also see Sec. 6-
84. Accessory buildings.)
Accessory dwelling unit (ADU). An ancillary or secondary dwelling unit that is clearly
subordinate to the principal dwelling, which has a separate egress /ingress independent from the
principal dwelling, and which provides complete independent living facilities for one (1) or more
persons and which includes provisions for living, sleeping, eating, cooking, and sanitation. The
ADU is located on the same parcel as the principal dwelling and shall be subject to the required
setbacks of the principal structure. The ADU may be either attached to or detached from the
principal dwelling. (Also see section 6 -85. Accessory Dwelling Units).
* ** • Burs J •.•. ••• • • • • 11
1 n • • ••• - 1•.1 •
•1 _ .1 • • _ • • •1, • 4 • • • • • . • • . . . . . ' • ' • • • • .1 ..; • _ • • •
• • • ' . : . • 1 • • . ; • • • .1 •.
* **
Dwelling, one family. A building designed for or occupied exclusively by one (1) family
except that an ancillary accessory dwelling unit may be attached to the principal dwelling unit in
certain restricted situations as prescribed by code.
* **
G arage apartment. ' • . . • • • ' • • • • : • • . • • • •1
• • • • • , • • • • • • •. 1 • =1 • •. • • • • • • ./ •
family.See Accessory dwelling unit.
G uest cottage. • • ' • ..1 • • .. . ' • . • • • .1
• • 8.1 • .1 • .. 1 • 14.4 • • • :, • • • • • • • • • 1 • • • •
•1 • • . • • _ / • •.1 •. • • .1 • • . •• • : , . • •.8 • • • • • • ••• • 0.1 • • • • • : .See Accessory dwelling unit.
* **
Lot. A parcel of land occupied or intended for occupancy by a use permitted in this chapter,
including a principal building together with its accessory buildings, the yard areas and parking spaces
required by this chapter and having its principal frontage upon a publicly owned street and publicly
maintained streets or upon an approved place. • • • 1 : •/ • • • • • I • • • : • • • • , • • •1
• • • .1 • •1 • • • • • • • • ' • ' • • • • • • • ' • • •1 • •1 • • • • .1
City of Winter Springs
Ordinance No. 2010 -08
Page 8 of 13
* **
Principal building. The building or structure of chief importance or function on a parcel or
lot. In general, the primary use of the lot is carried out in the principal building.
* **
ARTICLE III. ESTABLISHMENT OF DISTRICTS
DIVISION 1. GENERALLY
* **
Sec. 20 -103. Restrictions upon lands, buildings and structures.
* **
(d) Density of population. No building, structure or premises shall be erected or
occupied or used so as to provide a greater density of population than is allowed under the
terms of the sections of this chapter for the district in which such building, structure or
premises is located. However, accessory dwelling units in single family zoning districts are
exempted from inclusion in the density calculation and may be conditionally permitted in a
zoning district as a valid single family use, subject to criteria set forth in section 6 -85.
* **
(f) Required lot and occupancy. Every building or structure hereafter erected shall be
located on a lot or tract of land as defined herein; and in no case shall there be more than one
(1) building on one (1) lot except that single family zoning districts may include as a
conditional use, one (1) accessory dwelling unit attached or detached per principal dwelling
or as hereinafter provided.
* **
DIVISION 2. R -1AAA SINGLE - FAMILY DWELLING DISTRICTS
* **
Sec. 20 -123. Conditional uses.
There shall be no conditional uses within the R -1AAA Single - Family Dwelling Districts,
except the following:
LU One (1) accessory dwelling unit ancillary to the principal dwelling, subject to the
criteria set forth in section 6 -85,
(2 +) Churches;
(32) Schools;
City of Winter Springs
Ordinance No. 2010 -08
Page 9 of 13
(43) Public recreational areas and facilities.
* **
Sec. 20 -125. Building area regulations.
Eat The principal single - family dwelling shall be located on a lot or parcel of land not less
than twenty thousand (20,000) square feet and such lot or parcel of land shall have a minimum width
of one hundred (100) feet at the building line.
* **
DIVISION 3. R -CI SINGLE - FAMILY DWELLING DISTRICT
* **
Sec. 20 -143. Conditional uses.
There shall be no conditional uses within the R -CI Single- Family Dwelling Districts, except
the following:
LU One (1) accessory dwelling unit ancillary to the principal dwelling, subject to the
criteria set forth in section 6 -85;
(2 +) Churches;
(32) Schools;
(43) Public recreational areas and facilities.
* **
Sec. 20 -145. Building area regulations.
Each The principal single - family dwelling shall be located on a lot or parcel of land not less
than one (1) acre in size and such lot or parcel of land shall have a minimum width of one hundred
twenty (120) feet at the building line.
* **
DIVISION 4. R -1AA AND R -1A ONE - FAMILY DWELLING DISTRICTS
* **
Sec. 20 -163. Conditional uses.
(a) There shall be no conditional use within R -1AA and R -1A One - Family Dwelling
Districts except the following:
City of Winter Springs
Ordinance No. 2010 -08
Page 10 of 13
al One (1) accessory dwelling unit ancillary to the principal dwelling, subject
to the criteria set forth in section 6 -85;
(2 +) Churches with their attendant educational buildings and recreational
facilities:;
(32) Public utility and service structures.-;
(43) Schools.. -;
(54) Public recreational areas and facilities:;
(65) Stadiums, independently or in conjunction with existing school facilities,
provided the seating capacity shall not exceed the student enrollment of the school
to be served plus ten (10) percent, and provided there shall be no lights or night use.
(b) Any review of an application or plan shall consider the character of the
neighborhood in which the proposed use is to be located and its effects on the
value of surrounding lands, and further, the area of the site as it relates
particularly to the required open spaces and off - street parking facilities.
(c) Any conditional use that may be granted is limited to the use and
intensity shown in the application and plans submitted, and application must
receive approval in the same manner as the original application.
* **
Sec. 20 -165. Building area regulations.
Each The principal single - family dwelling shall be located on a lot or parcel of land having
an area of not less than ten thousand (10,000) square feet in an R -1AA Single - Family Dwelling
District and eight thousand (8,000) square feet in an R -1 A Single - Family Dwelling District and such
lots or parcels of land shall have a minimum width of ninety (90) feet and seventy -five (75) feet,
respectively, at the building line.
* **
ARTICLE IV. PLANNED UNIT DEVELOPMENTS
* **
DIVISION 2. PART A. PLANNED UNIT DEVELOPMENT
* **
Sec. 20 -360. Control of development following approval after construction completed.
* **
(b) After completion of construction of the area covered by a final development plan, no
City of Winter Springs
Ordinance No. 2010 -08
Page 11 of 13
changes may be made except under the procedures provided below:
* **
(4) One (1) accessory dwelling unit ancillary to the principal dwelling may be
allowed by conditional use, unless prohibited by the declarations, covenants.,
conditions and restrictions of the homeowner's association.
* **
DIVISION 3. PART B. PLANNED UNIT DEVELOPMENT
* **
Sec. 20 -387. Control of development following approval after construction completed.
* **
(b) After completion of construction of the area covered by a final subdivision plan, no
changes may be made except under the procedures provided below:
* **
01 One (1) accessory dwelling unit ancillary to the principal dwelling may be
allowed by conditional use, unless prohibited by the declarations, covenants,
conditions and restrictions of the homeowner's association.
* **
Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts ofprior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 7. Incorporation Into 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. Grammatical, typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this ordinance and the City Code may be freely made.
Section 8. 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, 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 9. Effective Date. This Ordinance shall become effective ninety (90) days after
the date of adoption by the City Commission of the City of Winter Springs, Florida, and pursuant
to City Charter.
Section 10. Sunset Review. This Ordinance shall be subject to a one (1) year sunset
City of Winter Springs
Ordinance No. 2010 -08
Page 12 of 13
review by the City Commission. At a regular meeting of the City Commission held in September
of 2011, the City Manager and Community Development Director are hereby instructed to present
this Ordinance to the City Commission for possible repeal or modification prior to the one year
anniversary of this Ordinance being adopted by the City Commission.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 25th day of October, 2010.
111,,,, 4-, 4 5 6,, ,,e
ibf
$ HN F. BUSH, Mayor
ATT 5 :
i -
AND j�� ORENZO - LUACES, City Clerk
Approved as to legal form and sufficiency for
the Ci of Winter Springs only:
0 A. GARG E, City Attorney
First Legal Ad Published: October 3, 2010
First Reading: October 11, 2010
Second Legal Ad Published: October 17, 2010
Effective Date: October 25, 2010
City of Winter Springs
Ordinance No. 2010 -08
Page 13 of 13