§ 58.901. Accessory Structure Location and Zoning Standards.

(a)

Same Building Site. Except as otherwise specifically permitted by this Chapter, accessory uses and structures shall be located on the same building site as the associated principal use.

(b)

Relationship to Street Setbacks. Except as otherwise specifically permitted by this Chapter, no accessory use or structure shall be located in any of the following areas:

1.

1—5 Family Dwellings: In the required front and street side yard setbacks; and in the front half of the lot or between any portion of the principal facade of the principal building and the street (whichever is less).

2.

All Other Building Sites: In the required front and street side yard setbacks.

(c)

Minimum Setbacks from Rear Lot Line for Accessory Structures.

	Height*
Size	<8 ft.	8—12 ft.	>12 ft.*
≤100 sq. ft.	0 ft.	5 ft.	15 ft.
>100 sq. ft.	5 ft.	5 ft.	15 ft.

 

*For structures with multiple heights, the height of the taller portion of the building shall determine the setback requirement. For structures with habitable space on the top, such as a rooftop deck, the structure shall meet the setback for a structure greater than 12 feet tall.

(d)

Side Yard Setbacks. The setbacks from the side lot line and street side lot line in the rear yard shall be the same as the respective lot line setbacks for the principal structure; provided that mechanical equipment shall comply with the setback requirements provided in Part 5B(18) of this Part.

(e)

Setbacks When Attached by a Breezeway.

1.

An accessory structure that meets the accessory structure setbacks may be connected to the principal structure by a breezeway when all of the following conditions are met:

a.

The breezeway is open-air, with no screened in or enclosed space; and

b.

The breezeway is located on the ground floor, not an upper floor; and

c.

The breezeway is a maximum of 12 feet high and 6 feet wide.

2.

An accessory structure must meet the principal building setbacks if any of the following conditions apply:

a.

The breezeway is screened in, enclosed, or air-conditioned; or

b.

The breezeway is located on an upper floor; or

c.

The breezeway is taller than 12 feet or wider than 6 feet.

3.

No variances to the breezeway standards in this subsection (e) are permitted.

(f)

Requirements within Wetland and Water Body Setbacks. Accessory buildings (except docks constructed consistent with Chapter 58 Part 58(17)) that are located within the 50 foot principal building setback from wetlands and water bodies shown in Chapter 58.1 Figure 1, Footnote 10, shall have a maximum height of 12 feet and shall be located a minimum of 15 feet from the normal high water elevation or wetland boundary.

(g)

Distance Between Buildings. Distance separation shall be measured from building wall to building wall. Eaves may extend past the building wall provided that the distance between eaves (as measured parallel to the ground) is at least 3 feet.

1.

A detached accessory building up to 12 feet in height shall be located at least five feet from any other building.

2.

A detached accessory building greater than 12 feet in height shall be located at least ten feet from any other building.

(h)

Maximum Size. No accessory structure shall occupy more than 35% of the area between the rear property line and the principal structure provided that swimming pools, hot tubs and hydrospas shall not be subject to this restriction.

(i)

Backyard Chicken Coop Accessory Structures.

1.

Chicken coops must be located in the rear yard (behind the home). No coop will be allowed in any front or side yard.

2.

The coop, pen, or chicken tractor must be a minimum of 20 feet from any neighboring residential homes, at least 5 feet from the principal structure on the subject property, and at least 5 feet from any property line. The coop, pen, or chicken tractor may be placed 0 feet from the property line if placed adjacent to a masonry wall on property in a non-residential zoning district. A 0 foot setback is allowed between a coop and another accessory structure on the subject property.

3.

Chicken coops must be less than 50 square feet and may have an attached run. The coop must also be tied down for wind resistance.

4.

An applicant for a permit must demonstrate compliance with the criteria in the Code in order to obtain a permit. The application for a permit must be submitted to the planning official. Applicants must submit photos of the proposed site of the coop/run areas, a survey/site plan of the subject property showing the location, and proof of successful completion of a University of Florida Agricultural Extension Service class or an equivalent class approved by the planning official.

5.

A planning official determination is required for a permit. The planning official is authorized to implement reasonable rules and regulations regarding backyard chickens. The planning official must not approve locations with outstanding code violations.

6.

No more than 100 permits will be issued citywide. Permits will be issued on a first-come, first-served basis. If a participant chooses to leave the program, he/she must provide notice to the City. The City is then authorized to re-issue the permit to another qualified applicant. If a participant is removed from the program due to violations of the terms of this ordinance, his/her permit may also be re-issued to another qualified applicant.

(Ord. of 9-16-1991, Doc. #25094; Ord. of 5-20-1996, Doc. #29361; Ord. of 6-4-2001, § 13, Doc. #33841; Ord. of 3-28-2005, § 1, Doc. #050328903; Ord. of 8-6-2007, § 7, Doc. #0708061002; Ord. of 3-9-2009, § 1, Doc. #0903091103; Ord. No. 2015-68, § 1, 1-25-2016, Doc. #1601251203; Ord. No. 2016-79, § 3, 10-10-2016, #1610101202; Ord. No. 2018-44, § 5, 9-4-2018, Doc. #1809041202)

Editor's note

Ord. No. 2015-68, § 1, adopted Jan. 25, 2016, Doc. #1601251203, changed the title of § 58.901 from "Location" to read as set out herein.