Staff Report to the L D C 2 0 1 5 - 0 0 2 5 3 Municipal Planning Board I TEM #6 August 18, 2015 ACCESSORY STRUCTURES

S UMMARY

Owner Description of the Request: Public Comment Revise Land Development Code Chapter 58 Part Staff will post this item on the City’s web site, N/A 5A to clarify standards for accessory structures and place a classified ad in the Orlando Sentinel. Applicant when connected by a breezeway, establish set- No public comments have been received as of the backs from wetlands and water bodies, and clar- date of the Staff Report. City of Orlando ify allowable window locations for two-story structures. Project Planner Elisabeth Dang, AICP Staff’s Recommendation: Approval of the request.

Updated: July 28, 2015

A NALYSIS Accessory structures are common in residential zoning districts and include fences, decks, pools, and accessory buildings such as sheds, garages and accessory cottage dwellings (mother-in-law apartments). Accessory buildings are typically detached from the principal structure and have a smaller rear yard setback than the principal structure.

Breezeway Requirements In some cases, an accessory building is connected to the principal building by a breezeway. The code requires breezeways to be open air in order to ensure that the accessory building does not become part of the principal structure. Doing so would effectively create a single larger building that may have a nonconforming rear setback. Setbacks and building separation requirements are intended to limit the bulk and mass of buildings on a lot. The purpose of this amendment is to clarify the breezeway requirements to ensure that the principal and accessory buildings remain separate, distinct structures with light and air able to pass between them. The proposed amendment prohibits asking for a variance to enclose a breezeway.

Distance Between Buildings The current code states that an accessory building must be 5 feet from the principal building. The proposed code amendment contin- ues to allow a 5 foot separation for single story buildings, but adds a 10 foot separation for two-story accessory buildings. The addi- tional bulk of a two story accessory building means that additional space is needed to better differentiate it from the principal struc- ture. The proposed code amendment also clarifies that distance is measured from building wall to building wall, and that eaves may overhang the building wall so long as the distance between eaves is at least 3 feet. This issue is discussed in a Zoning Official Inter- pretation (LDC2006-00404 as revised on 9/12/2013) and this code amendment will supersede the interpretation.

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Window Location For an accessory building, the current code places limitations on second story windows that face the rear yard. The proposed code amendment places the same limitations on second story windows that face an interior side yard (not facing a corner) unless the build- ing meets the principal structure rear yard setback or is at least 15 feet from the side property line. The purpose of this requirement is to reduce views into neighboring back yards and improve privacy for those neighbors.

Setbacks for Two-Story Buildings Zoning Official Interpretation #LDC2014-00390 clarifies that the setback for a two story building (greater than 12 feet tall) applies for any multi-level structure in which portions are two stories, and for a building that has habitable rooftop space. This code amend- ment codifies the interpretation.

Setbacks from Wetlands and Water Bodies The code requires a 50 foot setback for principal structures from wetlands and water bodies. Accessory structures have no setbacks other than the typical rear lot line requirements. However, in some cases, the rear lot line extends past the normal high water eleva- tion or wetland boundary. The proposed code amendment includes a 15 foot setback from the normal high water elevation or wetland boundary and a 12 foot height limit for accessory buildings. Pools, decks, fences and other accessory structures are not subject to this setback because they do not have the bulk and mass of an accessory building.

A draft code amendment is attached, subject to final review and approval by the City Attorney’s Office.

FINDINGS In review of the proposed LDC amendment it is found that: 1. The proposed Land Development Code amendment is consistent with the State Comprehensive Plan (Chapter 187, Florida Stat- utes). 2. The proposed Land Development Code amendment is consistent with the East Central Florida Strategic Regional Policy Plan. 3. The proposed Land Development Code amendment is consistent with the provisions of Chapter 163, Part II, Florida Statutes. 4. The proposed Land Development Code amendment is consistent with the objectives and policies of the City’s adopted Growth Management Plan (GMP).

RECOMMENDATION Staff recommends approval of the proposed amendment to the Orlando Land Development Code.

5A. - GENERAL REQUIREMENTS

Sec. 58.900. - Building Permit Required.

No accessory use or structure shall be developed without a Building Permit having been issued in accordance with the requirements of Chapter 65, Part 2C.

Shall Follow Principal Use. No accessory use or structure may be developed until after the start of construction of the principal use on the building site and no accessory use or structure may be used unless the principal use or structure has been developed, except after review and approval as a Conditional Use in accordance with Chapter 65, Part 2D.

Sec. 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. (a) 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. (b) All Other Building Sites: In the required front and street side yard setbacks.

When Attached by a Breezeway. When an accessory structure is attached to a principal building by a breezeway, roofed passage or similar structure, it shall maintain the yard requirements of the principal building and comply with all other requirements of this section.

Distance Between Buildings. A detached accessory building shall be located at least five feet from any other building.

Rules For Accessory Structures. Accessory structures shall conform to the following standards:

(c) (a) Minimum Setbacks from Rear Lot Line for Accessory Structures.

Height*

Size <8ft. 8-12 ft. >12 ft.*

≤100 sq. ft. 0 ft. 5 ft. 15 ft.

>100 sq. ft. 5 ft. 5 ft. 15 ft.

* No second story windows facing the rear property line shall be permitted unless the structure meets the principal building rear yard setback or the windows are opaque, frosted, clerestory or have a similar window treatment.

LDC2015-00253 July 28, 2015 Page 1 *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. (b) 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. d. No variances to these breezeway standards are permitted. 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.

(f) Requirements within Wetland and Water Body Setbacks. Accessory buildings (except docks constructed consistent with Chapter 58 Part 5B(17)) that are located within the 50 foot principal building setback from wetlands and water bodies shown in Chapter 58 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. (c) 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) Window location in a residential zoning district. 1. No second story windows facing the rear property line shall be permitted unless: a. the entire structure meets the required principal building rear yard setback; or b. the windows are opaque, frosted, clerestory or have a similar window treatment. 2. No second story windows facing an interior side property line shall be permitted unless: a. the entire structure meets the required principal building side yard and rear yard setbacks; or b. the entire structure is at least 15 feet from the side property line; or

LDC2015-00253 July 28, 2015 Page 2 c. the windows are opaque, frosted, clerestory or have a similar window treatment.

[Note: Breezeway is defined in Chapter 66 as “a roofed, open-air passageway connecting two structures.”]

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