HomeMy WebLinkAbout1359-18 Accessory Structure Amendment to Land Development Code Iiiiii 111111111111111ii1111111111111111 ilii ilii
2018111062
ORDINANCE NO. 1359-18
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ZEPHYRHILLS, FLORIDA AMENDING THE PREAMBLE TO PART
./ 7.09.00 OF THE CITY OF ZEPHYRHILLS LAND DEVELOPMENT CODE,
SUPPLEMENTAL STANDARDS FOR SPECIAL USES; AND AMENDING
§7.09.01 OF THE CITY OF ZEPHYRHILLS LAND DEVELOPMENT
CODE,ACCESSORY USES AND STRUCTURES; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City Council desires to amend the City of Zephyrhills Land Development Code
as it relates to Accessory Uses and Structures; and
WHEREAS, the City Council desires 'to mateh the terms Wand appointment -dates of the
Construction Code Enforcement/Licensing Board to their terms; and
WHEREAS, the City Council wishes to update the organization of the Construction Code
Enforcement/Licensing Board to update the appointment process and to clarify the name and
function of this Board.
NOW THEREFORE, BE IT ENACTED, AND ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ZEPHYRHILLS, FLORIDA, THAT:
SECTION 1: The preamble to Part 7.09.00 of the City of Zephyrhills Land Development Code
shall be deleted in its entirety and replaced with the following language:
The purpose of the supplemental standards is to set forth general rules and
regulations for uses, buildings and structures applying to all zoning districts,
including properties that are a contributing structure; as well as to provide for
additional regulations for restricted uses applying to specific zoning districts as
enumerated herein. Expansion of nonconforming uses by the construction or
addition of accessory structures shall not be permitted.
SECTION 2:That the City of Zephyrhills Land Development Code, §7.09.01 Accessory Uses and
Structures, shall be deleted in its entirety and replaced as set out below:
§7.09.01.01 ACCESSORY USES AND STRUCTURES (EXCEPT GARAGES AND
GARAGES WITH ACCESSORY DWELLING UNITS).
The following regulations shall apply to all accessory uses and structures incidental to any
permitted or conditional use(for garages and garages with accessory suites see Section 7.09.01.02).
(A) Zoning of accessory structures.All accessory uses to a principal use shall be located
in a zoning district that permits the principal use. Structures up to 15% of the total square footage
of the principle structure, up to 300 square feet and no more than 16 feet in height (or maximum
height of principle structure), at a maximum point of roof pitch, from the grade, shall be permitted
in residential and office professional districts. Structures up to 300 square feet can advance directly
to the Building Department for payment of proper permitting fee. Structures between 301 and 625
square feet, or in excess of 16 feet to the peak of the roof, as measured from the wade (or higher
than the maximum height of the primary residence) in residential and office professional districts
shall be reviewed and approved by the Planning Department prior to the issuance of building
permit by the Building Department. Information submitted to the Planning Department shall
include, but may not be limited to information pertaining to height, design elements, increased
setbacks and landscaping plans around the perimeter of the accessory structure. In the event the
Planning Department denies the request, the applicant can appeal the denial to the City Council.
Structures larger than 625 square feet require a conditional use permit.
(B) Construction timing.No accessory building shall be constructed upon a lot or parcel
n / or contiguous lot or parcel except in conjunction with or after construction of the primary building.
Rcpt:1970418 Rec: 35.50
Record and Return to: DS: 0.00 IT: 0.00
City Clerk's Office1 07/02/2018 J. R. , Dpty Clerk
5335 8th Street
Zephyrhills, FL 33542 pRULR S.0'NEIL Ph.D.PRSCO CLERK & COMPTROLLER
070 2BK 1����m PG 7��
OR BK 9750 PG 760
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(C) Location of accessory. structures. Structures shall be located on the same lot or
parcelas the primary building to which it is accessory; or on a contiguous lot and shall meet all
dis4ictsetbtcks unless otherwise stated. Further, accessory structures shall not be permitted in any
required-front or:secondary.front setback. A five (5) foot side and rear yard setback shall be
observed. For:alk_;zoning districts, the minimum separation between the accessory and principal
§,tryctures shall;.be five (5) feet, as measured from the dripline of both structures. Any type of
enclosed-passageway or room addition shall not connect principal and accessory structures unless
all structures meet principal structure setbacks.
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(D)., Limitation on use. Only the owner, employees of the owner, lessee or tenant of the
premises shall use nonresidential accessory buildings.
(E) , s;Accessory structures in multi family developments. Accessory structures in
multifamily developments may include, but shall not be limited to, private laundry•facilities and
clubhouse/recreational facilities for the convenience of the residents. Construction style and
material shall match the residential units for which the structures are accessory.
(F) Portable utility structures and work sheds (i.e., pre-manufactured structures such
as Rubbermaid vinyl and Arrow metal sheds) in residential districts. As defined by this standard,
includes any roofed structure designed to shelter vehicles, goods, merchandise, equipment,
materials or property of any kind that is capable of being carried or moved and which does not
require a building permit for installation.Any portable shelter shall be placed in the rear yard. Rear
yard,as defined by this standard as that portion of the lot located°-behind the principal use structure.
Existing nonconforming structures are grandfathered as of the date of passage of this ordinance.
Within residential districts and accessory to residential uses, portable utility sheds shall be
permitted within the five (5) foot side and rear yard setbacks if the following regulations are
adhered to:
(1) Shall be no larger than 15%of the square footage of the principle structure,
or 300 square feet, whichever is smaller;
(2) No more than two accessory structures as defined in #1 above (provided
both structures (combined) do not exceed 15% of the square footage of the principle
structure or 300 square feet, whichever is smaller) shall be permitted on any single
residential lot;
(3) Shall not be located on any easement;
(4) Approved portable accessory structures shall be anchored in a method
approved by the building department.
(5) An accessory structure shall not be separately metered for electricity or
water.
(G) Design Standards for accessory buildings and structures in office professional and
residential zoning districts. Accessory buildings and structures located in office professional and
residential zoning districts that exceed 150 square feet shall be constructed of masonry, wood
frame, aluminum or vinyl. If the principle structure is a contributing structure to the Historic
District, accessory,structures,shall be finished:with similar,materials and design as:the principle
structure. In`addition,properties shall adhere to Historic District design standards as well as CRA
design standards. Metal fabricated type structures that are designed and intended for
industrial/commercial use are prohibited in the residential and office professional zoning districts.
(H) Cargo and Cargo-Like Containers of Any Size (Conex Containers).
(1) Except for commercially zoned (C1, C2 and C3) and industrially zoned
(LI)(AP 2) properties, all cargo containers and cargo-like (conex) containers (of any size)
designed to attach to trucking equipment and/or cargo ships are prohibited. Owners of
commercially zoned properties may obtain with fee, through the building department, a
temporary permit to place said container on subject property for a period not to exceed 90
(ninety) days per year. Owners of Industrially zoned properties can place said containers
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OR BK 9 750 4G 761
year-round with proper permit and fee through the building department. Refer to the City's
fee schedule for said fees.
(2) Within commercially zoned areas of the City, owners/tenants of properties
with a building consisting of floor space in excess of 150,000 SF (BAS (base living area)
as indicated on the Pasco County Property Appraiser website) may apply for long-term
permits. The permits shall be issued for three (3) years per term and subsequently
renewable for three (3) year thereafter at the sole discretion of the planning director. The
permits will allow said containers be located on contiguously owned properties (as said
building)for 90(ninety)day periods per year.Petitioner shall submit buffering/landscaping
and lighting plan to ensure the continued health and safety of the general community,
continuity of traffic and pedestrian flow to,through and exiting the property as well visual
buffering from said containers. Area utilized for placement of said containers shall not
exceed 5% (five percent) of gross floor area (GFA) of primary building on said property.
Under no circumstances shall Conhex containers be stacked on top of each other. Petition
is subject to planning director's(1)Approval, (2)Approval with Additional Requirements
or (3) Denial. Renewal petitions shall demonstrate the continued need for such said
containers. Once site plan application is approved by the planning director,petitioner shall
advance to building department for fee(s) associated with said containers.
(3) Cargo and Cargo-Like Containers (conex Containers) of any size are
expressly forbidden within all Transect Zones of the Form-Based Code areas within the
City with one exception:
a.) Said conex container (a number not exceeding one (1) placed on a
property located entirely within the Form-Based Code area of the City
at the date of passage of this Ordinance is grandfathered if said container
is completely screened from view from closest public right of way with
City-approved method(including,but not limited to solid PVC fencing).
Property owner shall, within thirty (30) days prior to OR preceding
passage of this Ordinance notify City by writing and receive
confirmation letter from City indicating grandfather status.
(4) Cargo and Cargo-Like (Conex) Containers located on properties within
zoning districts expressly prohibited above (H(1) and H(2)) shall be removed from said
property within sixty (60) days of passage of this Ordinance as referenced in Section 3
below. Failure to comply will result in code enforcement action against property owner of
said property.
(5) Where permissible, as detailed in (HI) and (H2) above, under no such
circumstances shall Cargo or Cargo-Like (conex) containers be placed in, around or
adjacent to designated vehicular parking space(s) in a manner that renders said parking
space(s)unusable for its intended purpose.
(I) Prohibition of Certain Structures. Trailers, storage containers, mobile homes &
recreational vehicles (RVs) (except for zoning districts in which mobile homes and RVs are
allowed), and tractor-trailers shall not be used as permanent or portable accessory structures.
Portable carports/carport-like and car canopy structures (as defined in this section of the Code as
an open-sided automobile shelter by the side of a building)are expressly prohibited.A commercial
storage container(Such as PODs or other similar moving container that is left at subject property,
packed and subsequently removed to a congregate storage facility)may be used while renovation
is occurring on the building(s)located on said property with an active building permit. If building
permit is not required or if said container is utilized for moving of contents of said property, a
maximum time-period of thirty(30)days shall be allowed. The time period may be adjusted at the
discretion of the Building Official.
SECTION 3: This Ordinance shall become effective upon passage on the second reading and
signing by the Mayor.
The foregoing Ordinance No. 1359-18 was read and passed on the first reading in an open and
regular meeting of the City Council of the City of Zephyrhills, Florida, on this 1 day of June,
2018.
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Attest: ',ivy" .,2,- 49,
$ 4 Lori L. HilAan, City Clerk Lane- . Smith, Council President
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The ioregoing Ordinance No. 1359-18 was read and pas -d on the second reading, following a
public hearing, in an open and regular meeting of the ity Council of the City of Zephyrhills,
Florida, on tnis 25th day of June, 2018.
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°ow.-- oN.L. Hillman, CMC, City Clerk K mei . Burgess, J Q
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touncil Vice Presiden
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114ii'". : i, •.,i,'ng Ordifiglialko. 1359-18 was approved by me this 25th day of June, 2018.
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UNTy.i Ge e Whitfield, , or
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Approved as to legal form and legal content for
the reliance of the City of Zephyrhills only:
Matthew E. Maggar , City Attorney
OR BK 9750 PG 762
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