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ORDINANCE NO. 1374-18 12/18/2018 K. R. M. , Doty Clerk
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ZEPHYRHILLS, FLORIDA AMENDING PART 7.09.00 OF THE
CITY OF ZEPHYRHILLS' LAND DEVELOPMENT CODE,
SUPPLEMENTAL STANDARDS FOR SPECIAL USES;
CREATING §7.09.29 OF THE CITY OF ZEPHYRHILLS' LAND
DEVELOPMENT CODE, ACCESSORY DWELLING UNITS
(ADUs); PROVIDING FOR SEVERIBILITY, REPEALER,
CODIFICATION,AND AN EFFECTIVE DATE.
PAULA S O'NEIL,Ph D PAASCO CLERK & COMPTROLLEh
12ORgBK019834 018 m PG 73
WHEREAS, the City Council has determined that it is in the City's interest to
update the Land Development Code from time to time to assure that the Land
Development Code adequately meets the needs of the City; and
WHEREAS, the City Council desires to amend the City of Zephyrhills Land
Development Code as to include regulations related to Accessory Dwelling Units
(ADUs).
NOW THEREFORE, BE IT ENACTED, AND ORDAINED BY THE CITY
COUNCIL OF THE CITY OF ZEPHYRHILLS, FLORIDA,THAT:
SECTION 1: That the City Council of the City of Zephyrhills hereby creates §7.09.29
of the City of Zephyrhills' Land Development Code, Accessory Dwelling Units (ADUs)
as set out below:
7.09.29.1. -Applicability.
This section applies to accessory dwelling units (ADUs), accessory living space and
accessory apartment as defined in the Definitions section of the Code of Ordinances.
Garages without an accessory dwelling use are not subject to this section. The general
geographic area subject to this Ordinance is generally located between C Avenue to the
south and North Avenue to the north, and from 1St Street to the west and 20th Street to the
east. Properties outside this general geographic area can be reviewed on a case-by-case
basis by the Planning Director.
7.09.29.2. - Generally.
Common names for accessory dwelling units and accessory living space include
garage apartment, ancillary apartment, mother-in-law unit, guest house, carriage house or
granny flat. For the purposes of these regulations, all of said building forms shall be
referred to as an "accessory dwelling unit" or "ADU" unless otherwise specified in this
section. An ADU consists of a separate kitchen, bathroom and sleeping area and exists
either within the same structure or within same lot as the primary dwelling unit.
7.09.29.3. - Purpose and intent.
Neighborhoods in the United States originally had provisions for ADU when the
City was first developed. With the advent of Euclidian zoning beginning in America in
the 1920's, the ADU became virtually illegal by the 1970's and 1980's. Reintroducing
the accessory dwelling unit as a permitted use in these areas is intended to guide
reinvestment and redevelopment in a manner that reinforces and protects the traditional
development pattern. Further, the proper implementation of ADUs can (1) — assist
homeowners by utilizing an income producing unit on their property to help defray the
cost of mortgage payments, and; (2) — provide for safe, adequate and integrated living
opportunities for renters who may be a homeowner in the future. This section is intended
to address the establishment of accessory living in the form of an ADU or an accessory
Record and Return to: 4/
City Clerk's Office
5335 8th Street
Zephyrhills, FL 33542
OR BK 9834- PG 74
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space, protecting that pattern requires strict and complete compliance with all of the
applicable development standards.
1. Strict compliance with standards for a new accessory dwelling use. The
development standards in this section have been crafted within the context of an
urban environment. The accessory dwelling use will be constructed either at the
same time as a new house is built or as an addition where a principal dwelling
unit already exists.
2. Amnesty of an accessory dwelling use or unit. The development standards of this
section shall also be used to evaluate the merits of an application to activate the
grandfathered status of an accessory dwelling unit. Some relief from the
standards of this Section may be necessary in the context of an activation
because the principal and accessory structures already existed prior to the
passage of this Ordinance. Said building inspections will ensure the health,
safety and wellbeing of persons residing in ADUs. See Sec. 7.09.29.4(5)below.
7.09.29.4. - Establishment.
Establishment or expansion of a lawful accessory dwelling use shall be subject to the
following requirements:
1. Not more than one accessory dwelling use shall be permitted for each single-
family dwelling in the residential districts where allowed, see Table 2.02.01,
`Allowable Uses in Zoning Districts".
2. An accessory dwelling unit shall not be permitted before construction of the
principal building has commenced or a lawful principal use is established.
3. An accessory dwelling unit shall be subordinate to the principal use as to
location, height, square footage, and building coverage. Exceptions to this
requirement can be reviewed and approved by the Planning Department.
4. An accessory dwelling unit shall not be utilized as a fee-based transient
accommodation. For purposes of this chapter, transient accommodation is a use
(by someone other than the owner) for less than seven months.
5. Owners of property with an existing ADU shall have a one (1) year amnesty
period (from date of passage of this Ordinance) to schedule and complete all
necessary building inspection requirements with the Building Department to
activate the grandfathered status of an existing ADU.
6. Applicable permit fees, including transportation impact fees shall be paid in
accordance with the City's schedule of fees.
7.09.29.5. -Development standards.
7.09.29.5.1. - Lot requirements.
A. Establishment of a new accessory dwelling use shall only be allowed if:
1. If the lot complies with the current minimum lot area requirements for the zoning
district and remains under common ownership;
B. A lot containing an accessory dwelling use shall not be subdivided to separate the
accessory dwelling use from the principal use.
C. ADU's shall be consistent with the architectural style, materials, and color of the
principal structure.
7.09.29.5.2. -Building requirements.
Site plans for the establishment of any new accessory dwelling use shall be subject to
the following design standards for buildings:
• - OR BK 9834 PG 75
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1. The floor area of any accessory dwelling use shall be no less than 375 square feet of
living area and shall not exceed 575 square feet of living area.
2. If the entire area used for the accessory dwelling unit is on the second floor of the
building (not including the stairs) then the accessory dwelling unit may measure up
to 50 percent of the gross floor area of the building. The remaining floor area shall
be used only as garage,utility(washer& dryer, gym or workroom) or storage space.
For a one-story, accessory building, the accessory dwelling use may use 100 percent
of the gross floor area.
3. ADU's shall be separate from the principle structure, regardless of location built
above a garage/carriage house or constructed at ground level.
4. The building containing an accessory dwelling unit shall comply with the
architectural standards for the zoning district, the CRA and Historic District
standards (if applicable) and be compatible with the style of the building containing
the principal use, including paint scheme.
7.09.29.5.3. -Visual buffering.
The intent is to prioritize privacy for adjacent properties over the privacy between
the principal and accessory use on the lot. Buildings for a new accessory dwelling unit
shall comply with the following requirements:
1. Where an accessory dwelling use is proposed at a second story level, all exterior
doorways and outdoor living areas such as porches or balconies should be oriented
toward the interior of the property. If said doorways, living areas and
porches/balconies are oriented toward the exterior of the property, additional
screening (through landscaping and fencing) shall be implemented to adequately
buffer adjacent properties.
2. The property shall be landscaped in accordance with the provisions in Sec. 7.06
"Landscaping" of this Code.
7.09.29.5.4. - Parking and accessibility.
New or redeveloped ADU's shall be subject to the following design standards:
1. One paved off-street parking space shall be provided for the ADU. For purposes of
this section, paved shall be defied as concrete,pavers or asphalt.
2. The off-street parking space shall be provided in the rear yard for the ADU where
the rear yard is adjacent to an alley. If no alley access exists then driveway access
from the primary street shall be permitted and shall be no larger than a single lane
wide.
3. Parking a vehicle on the street in front of the principal structure is permitted at
locations where street parking is lawful.
4. Driveways for off-street parking areas shall comply with the design and location
restrictions for the zoning district. Nonconforming driveways shall be modified to
comply with code.
5. A five foot wide storage area shall be reserved along the property line adjacent to the
alley(where one exists)to provide storage of solid waste collection containers.
7.09.29.5.5. -Accessory living spaces; additional provisions.
In addition to the provisions applicable to accessory dwelling units, new accessory
living spaces shall be subject to the following provisions:
1. An ADU shall operate as a fully functional residence, complete with kitchen,
bathroom and living and/or bedroom quarters
OR BK 9834 PG 76
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2. The homeowner shall utilize property(or portion thereof) as a primary residence and
receive a Homestead Exemption from the Pasco County Property Appraiser.
3. Mailing addresses shall be assigned by the Pasco County Addressing Department in
order to comply with E911 and National Emergency Number Association (NENA)
standards. Property owners are responsible for coordinating with and receiving an
address for the ADU from the Addressing Department.
SECTION 2: Part 7.09.00 of the City of Zephyrhills, Land Development Code,
Supplemental Standards for Special Uses, is hereby amended to include the newly
created The City of Zephyrhills Land Development Code.
SECTION 3: The provisions of this Ordinance shall become and be made a part of the
Land Development Code of the City of Zephyrhills, Florida. The sections of this
Ordinance may be renumbered or re-lettered and the word "ordinance" may be changed
to "section", "article" or such other appropriate word or phrase in order to accomplish
such.
SECTION 4: Any ordinance, or part of any ordinance, in conflict herewith is hereby
repealed to the extent of any conflict.
SECTION 5: If any of the provisions of this Ordinance or the application thereof to any
person or circumstances is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance, which can be given effect without the invalid provision or
application, and to this end,the provisions of this Ordinance are declared to be severable.
SECTION 6: This Ordinance shall become effective upon passage on the second
reading and signing by the Mayor.
The foregoing Ordinance No. 1374-18 was read and passed on the first reading in an
ogei;,apd regular meeting of the City Council of the City of Zephyrhills, Florida, on this
26th dall4November, 2018.
,Attest j os. Z2Ieto►�
Lori L. Hillman, City Clerk ance A mith, uncil President
F�
0 C0 }Q {ocregoing Ordinance No. 1374-18 was read and passed on the second reading,
following a public hearing, in an open and regular meeting of the City Council of the
City of Zephyrhills, Florida,on this 10th day of December, 2018.
v 21 i'hja
Attest: �S/Zy iS. 4E6_
Lodi L.Hillman, City Clerk Lance . Smith, ouncil President
i.4/
r; ;.m The foregoing Ordinance No. 1374-18 was approved by e this 10th day of December,
2b18. r, ._
Ge Whitfield, Ma
Approved as to legal form and legal content
for the reliance of the City of Zephyrhills only:
/7(/
M tthew E. Maggard, rty Attorney